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HomeMy WebLinkAbout05/18/2021 - Formal Meeting - Meeting MaterialsSALT LAKE CITY COUNCIL and REDEVELOPMENT AGENCY of SALT LAKE CITY and LOCAL BUILDING AUTHORITY of SALT LAKE CITY FORMAL MEETING AGENDA   May 18, 2021 Tuesday 7:00 PM  This Meeting Will be an Electronic Meeting Pursuant to the Chair’s Determination. SLCCouncil.com    CITY COUNCIL MEMBERS: Amy Fowler, Chair District 7 James Rogers, Vice Chair District 1 Dennis Faris District 2 Chris Wharton District 3 Ana Valdemoros District 4 Darin Mano District 5 Dan Dugan District 6 Generated: 13:39:05 This meeting will be an electronic meeting pursuant to the Chair’s determination. As Salt Lake City Council Chair, I hereby determine that conducting the Salt Lake City Council meeting at an anchor location presents a substantial risk to the health and safety of those who may be present at the anchor location. Due to the local state of emergency from the earthquake in March 2020 and attendant damage to the building, I find that conducting a meeting at the anchor location under the current local emergency constitutes a substantial risk to the health and safety of those who may be present at the location. Members of the public are encouraged to participate in meetings. We want to make sure everyone interested in the City Council meetings can still access the meetings how they feel most comfortable. If you are interested in watching the City Council meetings, they are available on the following platforms: •Facebook Live: www.facebook.com/slcCouncil/ •YouTube: www.youtube.com/slclivemeetings  •Web Agenda: www.slc.gov/council/agendas/  •SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2  If you are interested in participating during the Formal Meeting for the Public Hearings or general comment period, you may do so through the Webex platform. To learn how to connect through Webex, or if you need call-in phone options, please visit our website or call us at 801- 535-7607 to learn more.  As always, if you would like to provide feedback or comment, please call us or send us an email:  •24-Hour comment line: 801-535-7654  •council.comments@slcgov.com  More info and resources can be found at: www.slc.gov/council/contact-us/  Upcoming meetings and meeting information can be found here: www.slc.gov/council/agendas/  Based on feedback we have received, we will be going back to our regular Formal Meeting format. Public hearings will be heard in the order on the agenda followed by a general comment session later in the meeting. LOCAL BUILDING AUTHORITY of SALT LAKE CITY, UTAH MEETING Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined. WELCOME AND PUBLIC MEETING RULES    A.LBA OPENING CEREMONY: 1. Council/Board Member Amy Fowler will conduct the formal meetings. 2. Pledge of Allegiance. 3. Welcome and Public Meeting Rules. B.LBA PUBLIC HEARINGS:   1. Resolution: Budget for the Capital Projects Fund of the Local Building Authority for Fiscal Year 2021-22 The Board will accept public comment and consider approving a resolution adopting the final budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City for Fiscal Year 2021-22.     FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   C.NEW BUSINESS 1. Resolution: Electronic Meetings The Board will consider adopting a resolution which permits the Local Building Authority Board of Directors to meet electronically pursuant to the Utah Open and Public Meetings Act.     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 Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   D.ADJOURNMENT:   REDEVELOPMENT AGENCY of SALT LAKE CITY, UTAH MEETING Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined.   E.PUBLIC HEARINGS: 1. Resolution: Budget for the Redevelopment Agency of Salt Lake City for Fiscal Year 2021-22 The Board will accept public comment and consider approving a resolution adopting the final budget for the Redevelopment Agency of Salt Lake City for Fiscal Year 2021-22.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 18, 2021 Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   F.ADJOURNMENT:     SALT LAKE CITY COUNCIL MEETING Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined.            G.OPENING CEREMONY: 1. The Council will approve the work session meeting minutes of Tuesday, January 12, 2021; February 2, 2021; and Tuesday, February 9, 2021. H.PUBLIC HEARINGS:   1. Ordinance: Learned Alley Vacation (1025 West North Temple and 1022, 1028, 1030, and 1032 West Learned Avenue) The Council will accept public comment and consider adopting an ordinance that would vacate a City-owned alley adjacent to properties at 1025 West North Temple and 1022, 1028, 1030 and 1032 West Learned Avenue. The applicant petitioned to vacate the 180-foot long section of public alley to consolidate the properties immediately abutting the alley. If approved, the applicant plans to consolidate the lots adjacent to the alley and construct a multi-family residential structure. The proposed project would still need to meet relevant zoning requirements and the applicant would need to submit a separate petition. The closure will not impact traffic or access. Petition No.: PLNPCM2020-00572.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, April 6, 2021 Set Public Hearing Date - Tuesday, April 6, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday, June 1, 2021    Staff Recommendation - Refer to motion sheet(s).   2. Ordinance: Fern Subdivision Alley Vacation The Council will accept public comment and consider adopting an ordinance that would vacate a City-owned alley known as the Fern Subdivision Alley, located between 1000 East and 1100 East and between Wood Avenue and Logan Avenue. The east-west portion of the alley runs behind eight homes between 1019 East and 1053 East Logan Avenue. Petition No.: PLNPCM2018-0046    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, April 6, 2021 Set Public Hearing Date - Tuesday, April 6, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday, June 1, 2021    Staff Recommendation - Refer to motion sheet(s).   3. Ordinance: Budget Amendment No. 9 for Fiscal Year 2020-21 The Council will accept public comment and consider adopting an ordinance amending the final budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2020-21. The proposed amendment includes funding for building office space to accommodate expansion of the Emergency Management Division, technology upgrades for the 911 Department, and reimbursements to the Fire Department, among other changes.     FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 4, 2021 Set Public Hearing Date - Tuesday, May 4, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday, June 1, 2021    Staff Recommendation - Refer to motion sheet(s). Ordinances listed below (H4-H15) are associated with the implementation of the Mayor’s Recommended Budget for Salt Lake City, including the Library Fund, for the Fiscal Year (FY) 2021-22. All ordinances will be heard as one public hearing item during the May 18th and June 1st public hearings.   4. Ordinance: Appropriating Necessary Funds to Implement Provisions of an MOU between Salt Lake City and AFSCME for Fiscal Year 2021- 22 The Council will accept public comment and consider adopting an ordinance appropriating necessary funds to implement, for Fiscal Year 2021-22, the provisions of the Memorandum of Understanding (MOU) between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees (AFSCME) Local 1004, representing eligible employees.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   5. Ordinance: Approving an MOU between Salt Lake City and the International Association of Firefighters for Fiscal Year 2021-22 The Council will accept public comment and consider adopting an ordinance approving a Memorandum of Understanding (MOU) between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which shall become effective on proper ratification and signature.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   6. Ordinance: Appropriating Necessary Funds to Implement Provisions of the MOU between Salt Lake City and the International Association of Firefighters for Fiscal Year 2021-22 The Council will accept public comment and consider adopting an ordinance appropriating the necessary funds to implement, for Fiscal Year 2021-22, the provisions of the Memorandum of Understanding (MOU) between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   7. Ordinance: Compensation Plan for All Non-represented employees of Salt Lake City for Fiscal Year 2021-22 The Council will accept public comment and consider adopting an ordinance approving a compensation plan for all non-represented employees of Salt Lake City.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   8. Ordinance: Appropriating Necessary Funds to Implement Provisions of the MOU between Salt Lake City and the Salt Lake City Police Association for Fiscal Year 2021-22 The Council will accept public comment and consider adopting an ordinance appropriating necessary funds to implement, for Fiscal Year 2021-22, the provisions of the Memorandum of Understanding (MOU) between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   9. Ordinance: Approving an MOU between Salt Lake City and the Salt Lake City Police Association The Council will accept public comment and consider adopting an ordinance approving a Memorandum of Understanding (MOU) between Salt Lake City and the Salt Lake City Police Association, representing eligible employees for Fiscal Year 2021-22.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   10. Ordinance: Adopting the rate of tax levy, including the levy for the Library Fund, for Fiscal Year 2021-22 The Council will accept public comment and consider approving an ordinance adopting the rate of tax levy, including the levy for the Library Fund, upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2021-22.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   11. Ordinance: Adopting the Budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2021-22 The Council will accept public comment and consider approving an ordinance adopting the budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2021-22.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   12. Ordinance: Amendments to the Salt Lake City Consolidated Fee Schedule for Fiscal Year 2021-22 The Council will accept public comment and consider approving an ordinance amending various fees and fee information set forth in the Salt Lake City Consolidated Fee Schedule.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021   13. Ordinance: Work in the Public Way Fees The Council will accept public comment and consider adopting an ordinance amending sections of the Salt Lake City Code relating to definitions and fees of work in the public way.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Refer to motion sheet(s).   14. Ordinance: City Departments Organizational Changes The Council will accept public comment and consider adopting an ordinance amending sections of the Salt Lake City Code relating to the organizational changes with the Department of Public Services, the proposed Department of Public Lands, and the Department of Community and Neighborhoods (CAN). The Mayor's proposed budget would transfer the Engineering Division and Youth and Family Division between the CAN and Public Services Departments.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Refer to motion sheet(s).   15. Ordinances relating to the Fiscal Year 2021-22 City Budget, excluding the budget for the Library Fund The Council will accept public comment and consider approving an ordinance adopting the budget for Salt Lake City, Utah, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City, Utah for Fiscal Year 2021-22.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Close hearing and refer to public hearing on June 1, 2021 This concludes the public hearings for the Mayor's Recommended Budget for Salt Lake City, including the Library Fund, for FY 2021-22. All ordinances will be heard as one public hearing item during the May 18th and June 1st public hearings.   I.POTENTIAL ACTION ITEMS:   1. Ordinance: Budget Amendment No. 8 for Fiscal Year 2020-21 The Council will consider adopting an ordinance amending the final budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2020-21. The proposed amendment includes funding for Crisis Intervention Team (CIT) training certifications and re-certifications, hiring a class of lateral police officers, and a donation to Switchpoint to create a shelter for low-income seniors and veterans, among other changes.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, April 20, 2021 Set Public Hearing Date - Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 4, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   2. Ordinance: 2058 North 2200 West Zoning Map Amendment The Council will consider adopting an ordinance that would rezone property at 2058 North 2200 West from Agricultural District (AG-2) to Light Manufacturing (M-1). The amendment would accommodate future commercial land uses such as retail and service type businesses not permitted under the current zoning. No specific site development proposal has been submitted at this time. Although the applicant has requested that the property be rezoned to M-1, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petition No. PLNPCM2018-00657.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, March 26, 2019 and Tuesday, May 4, 2021 Set Public Hearing Date - Tuesday, June 11, 2019 Hold hearing to accept public comment - Tuesday, July 9, 2019 at 7 p.m. TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   J.COMMENTS:   1.Questions to the Mayor from the City Council.   2.Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.)      K.NEW BUSINESS: 1. Advice and Consent: Debbie Lyons – Director of Sustainability The Council will consider approving the appointment of Debbie Lyons as the Director of the Sustainability Department.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 18, 2021 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Suspend the rules and consider motions.   L.UNFINISHED BUSINESS: 1. Ordinance: SQF, LLC Master License Agreement for Small Cell Installation in the Right-of-Way The Council will consider adopting an ordinance that would grant a master license agreement for wireless facilities in the public way to SQF, LLC, a Delaware limited liability company. The agreement would allow this small cell provider to install and maintain small cell infrastructure within the City rights-of-way, subject to conditions in the agreement and after securing specific site approvals.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 11, 2021 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   2. Ordinance: SQF, LLC Telecommunications Franchise Agreement The Council will consider adopting an ordinance that would grant a telecommunication franchise agreement to SQF, LLC. The agreement would allow the company to place its facilities within the City rights-of-way, governed by certain conditions and after securing permits, and provides for the payment of the telecommunications tax pursuant to State statute.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 11, 2021 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   3. Ordinance: Google Fiber Utah Amended and Restated Broadband Services Franchise The Council will consider adopting an ordinance that would approve an amended and restated broadband services franchise agreement to Google Fiber Utah, LLC. Google Fiber intends to discontinue video services to its customer base. The amended and restated franchise agreement has been negotiated to omit video services, change the fee structure and authorize broadband for a 15-year term.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 11, 2021 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   4. Resolution: Housing Trust Fund Loan Amendment to Garden Lofts Holdings, LP, at 154 West 600 South The Council will consider adopting a resolution that would authorize two changes to the original loan agreement between the City’s Housing Trust Fund and Garden Lofts Holding, LP. The loan was originally granted in December 2017 to help fund an affordable multi-family development that consists of 272 units, all at or below 60% of the Area Median Income (AMI). The proposed amendments would change future rental rates to reflect an “income-averaging” approach, as well as the City’s loan position, which would shift to third, behind a new private loan to the developers to cover increased construction charges.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 11, 2021 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, May 18, 2021    Staff Recommendation - Refer to motion sheet(s).   M.CONSENT: 1. Ordinance: Library Budget Amendment No.2 for Fiscal Year 2020-21 The Council will set the date of Tuesday, June 8, 2021 to accept public comment and consider adopting an ordinance that would amend the budget for the Library Fund for Fiscal Year 2020-21. Budget amendments happen several times each year to reflect adjustments to the City’s budgets, including proposed project additions and modifications. The proposed amendment includes a request to increase the Library’s General Fund budget to account for pass-through property tax revenue collected by Salt Lake County which goes directly to the Utah Inland Port Authority and the Convention Facility.    FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, May 18, 2021 Set Public Hearing Date - Tuesday, May 18, 2021 Hold hearing to accept public comment - Tuesday, June 8, 2021 at 7 p.m. TENTATIVE Council Action - TBD    Staff Recommendation - Set date.   N.ADJOURNMENT: 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. 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. 1 7 7 6 2 TO:Board Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Item B1 MOTION SHEET LOCAL BUILDING AUTHORITY of SALT LAKE CITY RE:MOTION SHEET – Resolution: Budget for the Capital Projects Fund of the Local Building Authority for Fiscal Year 2021-22 MOTION: I move that the Council close the public hearing and refer to the public hearing on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 1 Resolution No. ______ of 2021 (Adopting the Tentative Budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2021-2022) A Resolution Adopting the Tentative Budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah, for the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022. PREAMBLE WHEREAS, the Salt Lake City Council has created the Local Building Authority of Salt Lake City, Utah (the “Building Authority”), and has appointed Mary Beth Thompson as the Budget Officer of the Building Authority (the “Budget Officer”); and WHEREAS, the Budget Officer has filed with the Board of Directors (the “Board”) of the Building Authority a tentative budget for the capital projects fund of the Building Authority; and WHEREAS, the Board is required to review, consider and tentatively adopt the tentative budget in a regular or special meeting called for that purpose; and WHEREAS, the tentative budget adopted by the Board and all supporting schedules and data shall be a public record in the office of the Secretary of the Building Authority, available for public inspection for a period of at least ten days before the adoption of the final budget; and WHEREAS, at the meeting in which the tentative budget for the capital projects fund is adopted, the Board shall establish the time and place of a public hearing to consider the adoption and shall order that notice thereof be given at least seven days before the hearing (a) by posting in three public places within Salt Lake City, Utah and (b) by publishing on the Utah Public Notice Website created in Utah Code Section 63A-12-201. NOW, THEREFORE, be it resolved by the Board of Directors of the Local Building Authority of Salt Lake City, Utah, as follows: 2 1. The tentative budget for the capital projects fund of the Building Authority for the fiscal year 2021-2022, filed by the Budget Officer with the Board, is hereby adopted as the Building Authority’s tentative budget for the capital projects fund and is ordered to be filed and maintained as a public record, available for public inspection in the office of the Secretary of the Building Authority, whose permanent office is located at 451 South State Street, Room 415, Salt Lake City, UT 84111 but which office is temporarily located at 349 South 200 East, Salt Lake City, UT 84111, until adoption of the final budget. 2. The Board shall hold a public hearing on the budget tentatively adopted. The public hearing shall be held at 7:00 p.m. on ________, 2021 and _________, 2021. The public hearing will be held during an electronic meeting which is authorized under Salt Lake City Emergency Proclamation No. 2 of 2020 and the Governor’s Executive Order dated March 18, 2020. Under that Proclamation and Order, the meeting will not have a physical location at the City and County Building. Anyone desiring to listen to or speak at the public hearing must connect to the meeting remotely. Persons desiring to listen to or speak at the public hearing should visit the City Council’s website (https://www.slc.gov/council/news/featured- news/virtually-attend-city-council-meetings/) or call 801-535-7600 to learn how to listen to or speak at the public hearing. Notice of the public hearing shall be published at least seven days before the hearing (a) in at least one issue of a newspaper of general circulation published in Salt Lake County, Utah and (b) on the Utah Public Notice Website created in Utah Code Section 63A-12-201. At the public hearing the Board shall give all interested persons in attendance or connected remotely an opportunity to be heard on the estimates of revenues and expenditures or any item in the tentative budget of the capital projects fund. 3. This Resolution shall take effect immediately upon its approval and adoption. 3 Passed by the Board of Directors of the Local Building Authority of Salt Lake City, Utah, this _____ day of _______________, 2021. ________________________ ATTEST: PRESIDENT ______________________________ SECRETARY APPROVED AS TO FORM ______________________________ Boyd Ferguson, Senior City Attorney Date: _____________________ 1 7 8 7 6 TO:Board Members FROM: Jennifer Bruno Deputy Director DATE:May 18, 2021 Item C1 MOTION SHEET Local Building Authority of SALT LAKE CITY RE: Resolution: Electronic Meetings MOTION 1 –Approve – I move that the Board adopt a resolution which permits the Local Building Authority Board of Directors to meet electronically pursuant to the Utah Open and Public Meetings Act. OR MOTION 2 – DECLINE TO I move that the Board not adopt the motion. 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 LOCAL BUILDING AUTHORITY OF SALT LAKE CITY BOARD OF DIRECTORS RESOLUTION NO. _______ of 2021 Electronic Meetings RESOLUTION OF THE BOARD OF DIRECTORS OF THE LOCAL BUILDING AUTHORITY OF SALT LAKE CITY REGARDING ELECTRONIC MEETINGS WHEREAS, the Board of Directors of the Local Building Authority Salt Lake City (“the Board”) desires to adopt a policy to permit the Board to hold electronic meetings in accordance with the Utah Open and Public Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LOCAL BUILDING AUTHORITY OF SALT LAKE CITY, that the Board may hold electronic meetings in accordance with the Utah Open and Public Meetings Act. This Resolution shall take effect immediately upon its approval and adoption. Passed by the Board of Directors of the Local Building Authority of Salt Lake City, this __ day of ___, 2021. President Approved as to form Salt Lake City Attorney’s Office Attest Secretary LBA Resolution Final Audit Report 2021-05-14 Created:2021-05-14 By:Allison Parks (allison.parks@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAA1EconTKvoROetM6RdXGBNGrYTUA5P8V8 "LBA Resolution" History Document created by Allison Parks (allison.parks@slcgov.com) 2021-05-14 - 5:51:12 PM GMT- IP address: 204.124.13.222 Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature 2021-05-14 - 5:51:41 PM GMT Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com) 2021-05-14 - 5:55:23 PM GMT- IP address: 204.124.13.222 Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com) Signature Date: 2021-05-14 - 5:55:31 PM GMT - Time Source: server- IP address: 204.124.13.222 Agreement completed. 2021-05-14 - 5:55:31 PM GMT 1 7 7 6 3 TO:RDA Board Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Item E1 MOTION SHEET REDEVELOPMENT AGENCY of SALT LAKE CITY RE:MOTION SHEET – Resolution: Budget for the Redevelopment Agency of Salt Lake City for Fiscal Year 2021-22 MOTION: I move that the Council close the public hearing and refer to the public hearing on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO__________ (Adopting the Tentative Budget of the Redevelopment Agency of Salt Lake City, Utah for Fiscal Year 2021-2022) A Resolution of the Board of Directors of the Redevelopment Agency of Salt Lake City, Utah Adopting the Tentative Budget for the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022. WHEREAS, pursuant to Resolution No. 77204, the Redevelopment Agency of Salt Lake City (“Agency”) adopted a budget policy requiring the Agency, to the extent possible, to abide by all processes and procedures outlined in the Utah Fiscal Procedures Act (“Fiscal Procedures Act”); and WHEREAS, the Executive Director of the Agency has filed a tentative budget with the Agency’s Board of Directors (the “Board”); and WHEREAS, under the Fiscal Procedures Act, the Board is required to review, consider and tentatively adopt the tentative budget in a regular or special meeting called for that purpose; and WHEREAS, the tentative budget adopted by the Board and all supporting schedules and data shall be a public record in the Agency’s offices, available for public inspection for a period of at least ten days before the adoption of the final budget. NOW, THEREFORE, be it resolved by the Board of Directors of the Redevelopment Agency of Salt Lake City that the tentative budget for the Agency for the fiscal year 2021-2022 is hereby adopted as the Agency’s tentative budget and will be filed and maintained as a public record, available for public inspection at the Agency’s offices located in the City and County Building, 451 South State Street, Room 118, Salt Lake City, Utah, until adoption of the final budget. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this ____ day of May, 2021. ________________________________ Ana Valdemoros Chair Approved as to form: __________________________________ Salt Lake City Attorney’s Office Allison Parks April 30, 2021 The Executive Director: ____ does not request reconsideration ____ requests reconsideration at the next regular Agency meeting. _________________________________ Erin Mendenhall, Executive Director Attest: _________________________ City Recorder The City Council of Salt Lake City,Utah,met in Work Session on Tuesday,January 12,2021 in an Electronic Meeting,pursuant to the Chair’s determination and Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). The following Council Members were present: Ana Valdemoros,Andrew Johnston,Chris Wharton,Daniel Dugan,Darin Mano,James Rogers The following Council Members were absent: Amy Fowler Present Legislative leadership: Cindy Gust-Jenson,Executive Director;Jennifer Bruno,Deputy Director;Lehua Weaver,Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall;Rachel Otto,Chief of Staff;Lisa Shaffer,Chief Administrative Officer Present City Staff: Cindy Lou Trishman –City Recorder,Katherine Lewis –City Attorney,Amanda Lau –Public Engagement &Communication Specialist,Ben Luedtke –Senior Public Policy Analyst,Dan Weist –Communication Director,Kira Luke –Policy Analyst/Public Engagement,Robert Nutzman –Administrative Assistant,Sam Owen –Public Policy Analyst,DeeDee Robinson –Deputy City Recorder,Aaron Bentley –Information Management Services Director,Ben Kolendar –Economic Development Director,Bill Wyatt –Airport Director,Blake Thomas –Community & Neighborhoods Director,Chief Karl Lieb –Fire Chief,Chief Mike Brown –Police Chief,Debra Alexander –Human Resources Director,Jennifer McGrath –Community &Neighborhoods Deputy Director,Laura Briefer –Public Utilities Director,Lisa Burnett –911 Dispatch Bureau Director,Lorna Vogt –Public Services Director,Mary Beth Thompson –Chief Financial Officer, Peter Bromberg –SLC Library Director,Vicki Bennett –Sustainability Director,Jessica Waters –Police Department Social Work Director,Lewis Kogan –Trails and Natural Lands Division Director,Lani Eggertson-Goff –Director of Housing and Neighborhoods,Tim Doubt –Assistant Police Chief,Allison Rowland –Public Policy Analyst,Lindsey Nikola –Mayor's Communication Director,Lance VanDongen –Police Captain,Mark Kittrell –Deputy City Attorney Full Meeting Audio Meeting Packet Material MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 1 PENDING Councilmember Rogers presided at and conducted the meeting. The meeting was called to order at 4:35 p.m. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 2 PENDING Work Session items 1.Informational:State Legislative Briefing ~4:30 p.m. 20 min. The Council will be briefed by the Administration about issues affecting the City that may arise during the 2021 Utah State Legislative Session. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Rachel Otto and Kate Bradshaw (Holland &Hart Law Firm,contract lobbyist)provided information regarding internal structure/general priorities/direction of core team (consisting of Cindy Gust-Jenson,Rachel Otto,Katherine Lewis,and Kate Bradshaw),priorities,including:COVID-19 legislation,homelessness,housing/land use,etc., bill tracking being kept up to date,and weekly meetings had been set up with members of legislative subcommittee –updates would be forthcoming/provided as needed. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 3 PENDING 2.Informational:Updates from the Administration ~4:50 p.m. 20 min. The Council will receive an update from the Administration on major items or projects, including but not limited to: •Local Emergencies for 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 Minutes: Rachel Otto provided an introduction regarding the update for Local Emergency for COVID-19. Lisa Hartman (Assoc.Deputy Mayor County)and David Schuld (County Covid Coordinating Officer)provided information regarding COVID-19 vaccinations,including: vaccines supply being limited (from Federal Government),vaccination administration reporting,priority groups (front line workers,hospital personnel,long-term care residents, EMS workers,etc.),State controlling priority groups (County not having choice), preparedness activities (venue strategies,appointments/registration,flu clinics/COVID-19 testing),County being ready to vaccinate (encouraging patience),and website to register for vaccination appointments starts online tomorrow (saltlakehealth.org) Mayor Mendenhall provided information regarding updates on the newly opened shelter/Airport Inn (at full capacity-due to street outreach),camp clean-ups/closures, Millcreek temporary shelter nearing capacity (65 people),motel voucher utilization (88%), Mens (91%),Miller (95%),and King (88%)resource center capacities,and housing vouchers being offered soon.Mayor Mendenhall extended her gratitude to the men who rescued an officer from his burning police car on Saturday (Joseph Daniel-security guard at Motel 6,and another unnamed person). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 4 PENDING 3.Informational:Updates on Racial Equity and Policing ~5:10 p.m. 20 min. The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City.The conversation may include issues of community concern about race,equity,and justice in relation to law enforcement policies,procedures,budget,and ordinances.Discussion may include: •An update or report on the Commission on Racial Equity in Policing;and •Other project updates or discussion. 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 Minutes: Dante James (Facilitator,Racial Equity in Policing Commission)provided updates/overview of the commission,including:division of three subcommittees (training, policies/practices,and school safety),commission/committees meeting regularly,possible recommendations (broad ideas)from the commission being provided on a quarterly basis, and current draft issues/recommendations from the Training Subcommittee,including (in summary): 1.Demographic concern related to Field Training Officers,Issue:out of 67 full time employees,two (2)were Hawaiian,and four (4)were Latino,and currently no targeted outreach efforts to ensure/improve the diversity of the program. Draft Recommendation:create a process for targeted outreach to officers of color and provide incentives to participate in the program. 2.Training concerns related to the Crisis Intervention Team (CIT),Issues: training not being prioritized for lateral hires,re-certification was voluntary,and insufficient budget to enlarge the program.Draft Recommendations:require CIT re- certification for all officers,require CIT certification for all lateral hires,increase budget for this priority,increase CIT budget for sufficient staffing to cover when officers are unable to work their shift,etc. 3.Training concerns related to Equity,Implicit Bias,and Community Policing curriculum in the academy and in-service training.Issues:no City based community-based facilitators of color in the academy/in-service training,academy not providing the history of the City and its communities of color,etc. Draft Recommendations:require City community-based trainers of color for academy/in-service training,require curriculum including history of the City’s diverse communities and best practice/co-created. Josh King (Facilitator,Racial Equity in Policing Commission)provided information presented from the Polices and Practices Subcommittee,including (in summary): 1.Use of Force:Concern the Salt Lake City Police Department (SLCPD)and the community were operating on two different planes of understanding MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 5 PENDING regarding the legalities,policies and practices related to what was subjectively reasonable and acceptable use of force.Issue:Continued incidents involving use of force with perception and/or reality of little to no accountability (criminal,civil,employment discipline).Draft Recommendations:Modify/reconcile policies/procedures to be more reflective of community understanding of being reasonable/acceptable,proactively/explicitly communicate the differences between code/case law and the SLCPD’s policies/practices related to use of force (processes, application,and expected outcomes),and conduct internal survey with SLCPD to assess race and bias. 2.Accountability of law enforcement:Concern with the scope of influence of the Commission and subcommittees due to restricted access to data.Issues: Having broader/faster access to data would enable the commission to assess how SLCPD policies/procedures are being implemented/measured/applied,and what recommendations were most important.Draft Recommendations:Provide the commission the same access to data and information as the Citizen Review Board,allow commissioners over 21 to sign Non-Disclosure (NDA)to have more access,support the commissions scope of influence (i.e.,advocate changes in State law). Siobhan Locke (Facilitator,Racial Equity in Policing Commission)provided information presented from the School Safety Subcommittee,including (in summary): 1.Continued racial disparity in the students that are interacting with School Resource Officers (SROs).Issue:Despite dramatic decreases in the number of students being referred to the juvenile justice system from the schools with SROs,there was still racial disparity.Draft Recommendations:Immediately extend and plan for revisiting the Memorandum of Understanding (MOU)as it expired in February 2021, and select a new vendor to track the SRO data (present vendor did not allow for the disaggregation of Latinos and may not allow for the disaggregation of data by gender. 2.Created ways to better understand/track the goals and desired outcomes of the SRO program.Issues:Criteria for measuring success was not clearly outlined in the policy &MOU,not all data was tracked in ways that were usable/useful,difficult to evaluate the success of the SRO program when the goals were not clearly stated and tracked.Next Steps toward formulating Draft Recommendations:Establish goals of the SRO program/determine if the SRO program was still the best program to meet the goals,review budget allocations for this program to determine whether allocating funds differently could meet goals more effectively,and consider a new dedicated Full Time Employee (FTE)to address equity in education (to track the MOU,develop programming needed to make SROs more effective and/or phase them out of schools, and maintain good working relationship between school district and City). 3.Concerns about SRO program contributions to the School to Prison Pipeline.Issues:Good work and progress had occurred to disrupt this pipeline,there was still work to be done,and there were a number of processes underway at the State/County/Local levels to address this.Next Steps towards formulating Draft Recommendations:Conduct a literature review to better understand successful programs nationwide (underway now),and conduct small group or one-on-one interviews with students of color who have interacted with SROs (with their parents and SROs themselves –scheduled for this month). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 6 PENDING Larry Schooler (Facilitator,Racial Equity in Policing Commission)provided information regarding ways for the public to provide input (webpage to submit input),surveys,listening sessions (opportunity for participants to share experiences),televised events,phone line (available 24-7/365),and text comments (text equity to 801-575-7755). Councilmember Johnston requested that all contact information for the Racial Equity in Policing website be linked to the City’s boards/commissions webpage(s). 4.Informational:Salt Lake City Police Department Social Worker Program ~5:30 p.m. 45 min. The Council will receive a briefing from the Police Department about the City’s Social Worker Program.The program operates out of the Community Connections Center downtown and uses a co-responder model where a social worker and police officer both respond to some types of calls such as mental health crises.The briefing will include information about the program’s history,challenges,successes and best practices. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Benjamin Luedtke provided an introduction,noted the Police Department audit results were forthcoming,and reviewed policy questions. Mike Brown and Jessica Waters (Social Worker Program Director)provided information about the program including:history with respect to availability of in-patient beds dedicated to mental health (1960’s –600,000 to today 50,000),Social Worker program beginning May 2016 (hiring of four social workers),starting out as a walk-in facility and transitioning to a co-responder program in 2017,goal of connecting people to long-term services,responding to all type of 911 calls (suicide,chronically homeless,mental health crises,etc.),necessity of responding to calls with/without officers (usually go with one,unless it was someone familiar),coordination with various community partners for service (Emergency Medical Services,hospitals,Valley Behavior Health,etc.),social worker program serving as homeless camp outreach back up to Volunteers of America (offering services, coordinating housing,etc.),social workers advocating for jailing individuals,highest calls for service were homeless individuals/underlying mental health issues,and planned receiving center slated to open in 2022 (featuring a host of partners,State/Local/County,offering assistance/services). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 7 PENDING Councilmember Johnston said it was important to consider providing more funding/staffing for the program,suggested coordination with the Administration to look at housing/homelessness as a whole approach,and suggested to the Council a review of a commission/or similar on mental health for the City. 5.Dinner Break ~6:15 p.m. 30 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 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 8 PENDING 6.Ordinance:Budget Amendment No.6 for Fiscal Year 2020-21 Follow- up ~6:45 p.m. 45 min. The Council will receive a follow-up briefing about an ordinance that would amend the final budget of Salt Lake City,including the employment staffing document,for Fiscal Year 2020-21.Budget amendments happen several times each year to reflect adjustments to the City’s budgets,including proposed project additions and modifications.The proposal includes funding to cover cost increases to turn the historic Fisher Mansion Carriage House into a recreation hub,create a redevelopment plan for the former Glendale Waterpark,for the temporary emergency winter shelter at the Airport Inn,and to review Police Department staffing needs and changes,among other changes. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 5,2021 and Tuesday,January 12,2021 Set Public Hearing Date -Tuesday,December 8,2020 Hold hearing to accept public comment -Tuesday,January 5,2021 and Tuesday,January 19, 2021 at 7 p.m. TENTATIVE Council Action -TBD Minutes: Mayor Mendenhall and Mary Beth Thompson provided information regarding General Fund/Fund Balance Projections (Funding Our Future dollars staying intact,surplus in sales tax,$5.6 million loss of revenue,16.76%Fund Balance),and needing to utilize any overages of funding for Emergency Responder Pandemic Leave (ERPL),Police overtime,COVID-19, and camp clean-ups. Benjamin Luedtke provided general budget updates:City receiving $150,000 third round of CARES act funding from County,City not receiving earthquake FEMA reimbursements (Private residents were eligible),impact fees for fire/parks/streets having refund dates over a year away/$88,000 of police impact fees expiring over the next 6 months-update to police section of the plan needed before funds could be used on new uses (current use is an east side police precinct),(Item A1 –Request for $540,000 from parks impact fees –to cover construction overages for reconstruction of the Fisher Mansion MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 9 PENDING Carriage House,on-going costs,and potential uses,including eligibility to use CIP cost overrun of up to $100,000 (Fisher Mansion)from this account),(Item A2 -Request for $225,000 parks impact fees –for the Glendale water park redevelopment plan –received community feedback for potential new uses),(Item A4 -Creation of City Innovation Team – transfer 6 employees from Community and Neighborhoods (CAN)/Public Services to Information Services Management (IMS)and one new FTE funded with $63,000 from fund balance for remainder of the current fiscal year),(Item A5 –Request from Police Department –for Council to support new hiring class of officers (positions vacated through resignations, separations,and retirement)–and support the end of the hiring freeze-funded with attrition savings –no additional funding required),(Item I –1 $797,000 shift funding to rent assistance and service models for most vulnerable (individuals with mental illness,children experiencing homelessness),Shared housing (case management/roommate matching for homeless individuals),Mortgage Assistance (not down payment assistance),and Build an Equitable City (landlord/tenant mediation to avoid eviction). Lorna Vogt and Lewis Kogan spoke about the Fisher Mansion Carriage House renovation project,including not anticipating to reduce scope of construction,interior furnishings being removed from the budget request,and utilizing creativity/realizing cost savings to complete exhibit space (possible community sourced exhibits,external fundraising for exhibit space, etc.). Mike Brown,Tim Doubt,and Debra Alexander (presentation provided)spoke regarding the request to hire police officer positions vacated through resignations, separations,and retirements (54 in the current FY),plus 20 unfunded officer positions needing to be filled,department leaves by month (including Family and Medical Leave Act (FMLA),Administrative Leave,Military Leave,etc.),COVID quarantines among officers, calls for service increased due to many factors (113,778 in 2020)along with reduced number of officers available.Officers were needed for increased amount of protests/free speech events,Homeless encampment cleanups,COVID-19 mitigation in parks/open spaces (all having had an impact on operations/resources/staffing.),new hire classes being gradually more diverse,how future recruitment would include additional diversity (proposed for the next graduating class),elimination of the Civil Service Commission being a big step forward in terms of recruitment for Police and Fire (including all hire types:lateral,new officers,etc. –ensuring training for all officers that emphasize the City’s cultural objectives). Straw Poll:Support for lifting the hiring freeze/hiring of the new police officer class.All Council Members were in favor,except Councilmember Fowler who was absent. Blake Thomas and Lani Eggertsen-Goff spoke regarding the change of program funding for Item I-1,including clarification regarding qualifications of applicants,capacity of organizations,qualified partners with ability to take on additional funding,confidential nature of Request For Proposal (RFP)process,and selection committee having assisted/determined negotiations to qualified proposals. Straw Poll:Support for the change of program funding as outlined for Item I-1.Council Members Wharton,Rogers,Mano,Dugan,Valdemoros,and Johnston were in favor. Councilmember Fowler was absent for the vote. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 10 PENDING 7.Previous Years’Legislative Intents and Interim Study Items ~7:30 p.m. 40 min. The Council will be briefed about the Administration’s progress on the Council’s legislative intent statements for Fiscal Year 2020-21.Legislative intents are formal requests the Council makes of the Administration.The purpose of this initial discussion is to exchange preliminary information and clarify these new legislative intents,as needed.This is the first of multiple briefings and will include updates on a variety of subjects as Council discussions progress. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: ITEM PULLED –Councilmember Rogers indicated this item would be moved to a future meeting. 8.Ordinance:Amendment to Require Notice for Permits to Work in the Public Way Written Briefing The Council will receive a written briefing on proposed amendments to City code that would require permit holders to provide notice to property owners whose properties are adjacent to above-ground work that will be performed in the public way.The key changes would require: •Evidence that notice was provided 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. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -Tuesday,December 8,2020 Hold hearing to accept public comment -Tuesday,January 19,2021 at 7 p.m. TENTATIVE Council Action -TBD Minutes: Written briefing only.No discussion was held. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 11 PENDING 9.Informational:Funding our Future Administrative Staff Report Written Briefing The Council will receive an annual written review of staff that manage and support Funding Our Future programs and projects. Funding Our Future is an initiative to address four critical needs:public safety,affordable housing,improved streets,and better transit options.The Council approved a 0.5%sales tax increase in May 2018,and during the City’s annual budget process,allocated funding from anticipated sales tax revenue to each of those needs. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Written briefing only.No discussion was held. 10.Informational:Funding Our Future Year Two,Quarter Four Update Written Briefing The Council will receive a written briefing of updates on Funding Our Future related activities for year two,quarter four (April 1st to June 30th 2020)and a look ahead at next steps. Funding Our Future is an initiative to address four critical needs:public safety,affordable housing,improved streets,and better transit options.The Council approved a 0.5%sales tax increase in May 2018,and during the City’s annual budget process,allocated funding from anticipated sales tax revenue to each of those needs. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Written briefing only.No discussion was held. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 12 PENDING Standing Items 11.Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Item not held. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 13 PENDING 12.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; •Public Utilities Newsletter Scheduling •Scheduling Items. Minutes: A.Council District Newsletters for Public Utilities Mailing At the beginning of each calendar year,the Public Utilities Department identifies certain months for Council Members to include Council District newsletters as an insert in residents’monthly utility bills.Each Council Member may opt to use the Public Utility billing for outreach purposes once per calendar year. The advantage of sharing in the Public Utilities mailings is Council Members only pay for printing expenses out of their communication budget,saving on costs associated with postage. Due to limitations with mail sorting machines,only three Council District newsletters can be accommodated each month. ➢The following months have been identified for the Council to include a newsletter insert. Please let staff know which month you would like to include a newsletter as part of the Public Utilities billing: o April o August o December Council Members Johnston and Rogers chose December,Council Members Wharton and Mano chose April,Councilmember Dugan chose August,and Councilmember Valdemoros said to give her what ever was left to choose from. Please note: Council Members running for reelection should avoid choosing August in keeping with Council policy:A.19 NEWSLETTERS (04/2019). Filing Deadline –June 7,2021 Primary Election –August 10,2021 General Election –November 2,2021 A.19(d)policy states:Using the U.S.Congress once again as a guide,Council Members who are campaigning for an elected office should not mail out Council newsletters any later than 90 days before a primary election.There are fewer than 90 days between Utah municipal primary and general elections and therefore no Council Member campaigning for elected office should mail out a newsletter between the primary and general elections. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 14 PENDING 13.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. Minutes: Attendance:Council Members Johnston,Valdemoros,Wharton,Dugan,Mano,Rogers. Mayor Mendenhall,Rachel Otto,Lisa Shaffer. City Staff:Aaron Bentley,Allison Rowland,Amanda Lau,Ben Kolendar,Ben Luedtke,Bill Wyatt,Blake Thomas,Chief Karl Lieb,Cindy Gust-Jenson,Dan Weist,Debra Alexander, Jennifer Bruno,Jennifer McGrath,Katie Lewis,Kira Luke,Lance Vandongen,Laura Briefer,Lehua Weaver,Lindsey Nikola,Lisa Burnette,Lorna Vogt,Mark Kittrell,Mary Beth Thompson,Chief Mike Brown,Peter Bromberg,Sam Owen,Tim Doubt,Vicki Bennett,and Cindy Lou Trishman. Sworn Statement The Closed Session adjourned at 7:20 p.m. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 15 PENDING Motion: Moved by Councilmember Wharton,seconded by Councilmember Valdemoros to enter into Closed Session to discuss deployment of security personnel,devices,or systems pursuant to Utah Code S52-4-205(i)(c)and Attorney-Client matters that are privileged pursuant to Utah Code §78B-1-137 of the Utah Open and Public Meetings Act. AYE:Ana Valdemoros,Andrew Johnston,Chris Wharton,Daniel Dugan,James Rogers ABSENT:Amy Fowler,Darin Mano Final Result:5 –0 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 16 PENDING Meeting adjourned at 8:48 p.m. Minutes Approved: _______________________________ City Council Chair _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held 12 January 2021. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,January 12,2021 17 PENDING The City Council of Salt Lake City,Utah,met in Work Session on Tuesday,February 2,2021 in an Electronic Meeting,pursuant to the Chair’s determination and Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). The following Council Members were present: Amy Fowler,Ana Valdemoros,Andrew Johnston,Chris Wharton,Daniel Dugan,Darin Mano,James Rogers The following Council Members were absent: Present Legislative leadership: Cindy Gust-Jenson,Executive Director;Jennifer Bruno,Deputy Director;Lehua Weaver,Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall;Rachel Otto,Chief of Staff;Lisa Shaffer,Chief Administrative Officer Present City Staff: Cindy Lou Trishman –City Recorder,Katherine Lewis –City Attorney,Amanda Lau –Public Engagement &Communication Specialist,Ben Luedtke –Senior Public Policy Analyst,Brian Fullmer –Constituent Liaison,Policy Analyst,Kira Luke –Policy Analyst/Public Engagement,Robert Nutzman –Administrative Assistant,Sam Owen –Public Policy Analyst,DeeDee Robinson –Deputy City Recorder,Blake Thomas –Community &Neighborhoods Director,Laura Briefer –Public Utilities Director,Tony Milner –HAND Policy &Program Manager,Nick Norris –Planning Division Director, Lani Eggertson-Goff –Housing and Neighborhood Division Director,Mason Givens –Police Sergeant, Kelsey Lindquist –Senior Planner,Nannette Larsen –Principal Planner,Katia Pace –Principal Planner,Jonathan Larsen –Transportation Division Director,Dan Bergenthal –Transportation Engineer,Stephanie Duer –Public Utilities Water Conservation Program Manager Full Meeting Audio Meeting Packet Material Councilmember Amy Fowler presided at and conducted the meeting. The meeting was called to order at 2:06 pm MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 1 PENDING 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: •Local Emergencies for 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 Minutes: Lisa Shaffer provided information/updates regarding COVID-19/vaccination efforts through the Salt Lake County Health Department,including:vaccination distribution details (more information provided at coronavirus.utah.gov/vaccine-distribution/),City employees having received vaccinations (Airport –90 employees,911 Dispatch –65 employees,Fire Department–280 employees,Police Department–443 employees),950 City employees utilizing Emergency Responder Pandemic Leave (ERPL),and 215 City employees utilizing Emergency Pandemic Leave (federal aid offered nationwide). Mayor Mendenhall provided information/updates regarding homelessness,including: dashboard recently being made available regarding current bed availability/shelter capacity/etc.(website:www.slc.gov/hand/homeless-services-dashboard/),Centers For Disease Control &Prevention (CDC)large encampments guidelines (information regarding unsheltered encampments and COVID-19 in the homeless community),Salt Lake County Health Department having released details on large encampment risks,“Camp Last Hope”(homeless encampment on private property)closed to camping tomorrow/abatement postponed until Thursday (service provider options being provided to campers),information/updates regarding policing,including:recognition (forthcoming joint resolution)of Salt Lake City Police Department’s Hostage Negotiation Team and Jessica Waters,Community Connections Center Director/Social Worker for their recent efforts working with a de-escalation incident in the community.Mayor Mendenhall read the resolution. Mason Givens,Police Sergeant,acknowledged the outstanding work of his team and accepted the resolution recognizing the team members and the positive outcome of the de-escalation situation. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 2 PENDING 2.Informational:Updates on Racial Equity and Policing ~2:30 p.m. 20 min. The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City.The conversation may include issues of community concern about race,equity,and justice in relation to law enforcement policies, procedures,budget,and ordinances.Discussion may include: •An update or report on the Commission on Racial Equity in Policing;and •Other project updates or discussion. 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 Minutes: Kira Luke provided information regarding:upcoming meeting dates/times for the Racial Equity in Policing Commission (REP)sub-committees and full commission,the meetings were available to the public for listening via www.slcrepcommission.com,as well as providing feedback to the commission,and Staff was coordinating the opportunity this month for the Police Department Audit consultant to brief the REP Commission. Benjamin Luedtke provided information regarding the Police Department audit,including: a timeline (moving forward)was available on the audit page of the Council’s website,Police Department organization profile anticipated to be completed soon (including details of each function of the Police Department –staffing by type,service levels,whether positions were vacant/filled,budgets,inventory,etc.),the Police Department profile being added to the Council’s website (deliverables would also be added as the audit progressed),and next items on the audit list included reviewing of the Internal Affairs Division processes/disciplinary system, and categorizing line item costs. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 3 PENDING 3.Informational:State Legislative Briefing ~2:50 p.m. 20 min. The Council will be briefed by the Administration about issues affecting the City that may arise during the 2021 Utah State Legislative Session. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 and Tuesday,February 2,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Rachel Otto provided information/updates regarding the continuation of tracking/advocating for and against multiple bills related to top City priorities (affordable housing,homelessness, transparency,law enforcement,sustainability,etc.),and recent land-use legislation regarding billboard regulation. Kate Bradshaw (Holland &Hart Law Firm,contract lobbyist)provided information/updates regarding law enforcement legislation,efforts by both the House and Senate to group bills together that related to the same topics,and bills speaking to the priorities of the City included: •Senate Bill (SB)13 –law enforcement internal investigation requirements.(City in a support position) •House Bill (HB)84 –Use of Force reporting amendments.(City in a support position) •HB 162 –Peace officer training amendments.(City in a support position) •HB 264 –Law enforcement weapons use amendments.(City in a support position) •SB 102 –Peace officer training qualifications.(City in a support position) MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 4 PENDING 4.Ordinance*:Zoning Amendments at Lincoln Street and 200 South ~3:10 p.m. 20 min. The Council will be briefed about a request to amend the zoning map and Central Community Master Plan for properties located at 159 South Lincoln Street,949 East,955 East,959 East and 963 East 200 South.The requested rezone would change the properties from R-2 (Single and Two-Family Residential)to RMF-35 (Moderate Density Multi-Family Residential)zoning district.The Master Plan amendment would change the properties from Low Density Residential to Medium Density Residential.The proposal would allow the applicant more flexibility to develop future multi-family residential housing than what is currently allowed.Consideration may be given to rezoning the property to another zoning district with similar characteristics. Other sections of Title 21A –Zoning may also be amended as part of this petition. *The Planning Commission forwarded a negative recommendation,therefore an ordinance has not been drafted.If the Council decides to approve the zone amendment,an ordinance would be drafted and considered for approval. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -Tuesday,February 2,2021 Hold hearing to accept public comment -Tuesday,March 2,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,March 16,2021 Minutes: Brian Fullmer provided an introduction to the proposal and noted the Planning Commission forwarded a unanimous negative recommendation to the City Council. Kelsey Lindquist provided information regarding the two components of the proposal (zoning map amendment and Master Plan amendment –consisting of five parcels,and .0682 acres in size),existing zoning,primary land uses surrounding the subject property,properties being located in the Central Community Master Plan (adopted in 2005),comparison of existing/requested zoning districts,and the Planning Commission’s negative recommendation. Chiao-ih Hui (applicant)provided information regarding:proposed zoning change/new development would allow for 16 multi-family units (currently five single family homes), currently 300 square feet short –with adjacent property owner willing to provide the 300 additional square feet,new development proposal being an increase of housing stock (11 units), if proposal was not granted –five existing homes would be demolished and rebuilt,proposal to provide one or more affordable housing units,proposal offering more green space –garages would be provided and existing parking lot would not be needed,new proposal would focus on energy efficiency and working towards a carbon neutral living space,current property recently transitioned units to a property management company (as recommended by the governing community council),and being amenable to a development agreement if necessary. Nick Norris spoke regarding 200 South corridor future density options in the area (relating to the area’s master plan),and displacement being a concern (loss of units). Councilmember Johnston expressed concerns regarding housing mitigation loss (loss of low income renters due to transition to property management –possibly excluding low-income residents),and the loss of older homes (due to demolition). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 5 PENDING 5.Ordinance:Zoning Amendments at Approximately 2903 South Highland Drive ~3:30 p.m. 20 min. The Council will be briefed about a proposal to amend the Sugar House Master Plan and Zoning Map for property at 2903 South Highland Drive.The property is currently “split zoned.”The applicant is requesting the eastern portion of the property be changed from Low Density Residential to Low Intensity –Mixed Use in the Sugar House Master Plan.The applicant is also requesting a zoning change on the eastern portion of the property from the current R-1-7000 (Single-Family Residential)to CB (Community Business)in order to match zoning on the western portion.If approved,the changes would allow for potential future development of the site.Consideration may be given to rezoning the property to another zoning district with similar characteristics.Other sections of Title 21A –Zoning may also be amended as part of this petition. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -Tuesday,February 2,2021 Hold hearing to accept public comment -Tuesday,March 2,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,March 16,2021 Minutes: Brian Fullmer provided an introduction to the proposal and noted the Planning Commission forwarded a unanimous positive recommendation. Nannette Larsen provided information regarding vicinity/site (Claremont Subdivision Plat –1910),current use(s)of the property (portion of property proposed to be amended was a parking lot),setback/buffer information,future development/land use details,Planning Commission needing to review design review/associated buffers,etc.Positive recommendation from Planning Commission as is (with no conditions),and the possibility of the project returning to the Planning Commission for a design review and/or development agreement. Jim Nielson (applicant –Axis Architects)said the goal was for a single zone for a single parcel (ability to use in a rational way)to create and support a more walkable community (rezoning would assist),and was well suited for low-density/multi-family project due to its location between Brickyard and Sugar House. Nick Norris provided information regarding form-based code requirements (having better buffering requirements than other zoning districts),and said the CB zone specifically granted the Planning Commission authority to increase the buffer through the design review process (where other zones do not). Councilmember Johnston expressed concerns regarding the need to provide a buffer for a single- story home that was 14 feet away from a three-story building (while still retaining density).Ms. Larsen said the Planning Commission could review/approve this during a design review in order to regulate the buffer issue. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 6 PENDING 6.Resolution:Awarding U.S.Department of Housing and Urban Development (HUD)Coronavirus Aid,Relief,and Economic Security (CARES)Act Grant Funds Follow-up ~3:50 p.m. 30 min. The Council will receive a follow-up briefing about funding recommendations from resident advisory boards and the Mayor and approving an interlocal agreement between the City and the U.S. Department of Housing and Urban Development (HUD).This agreement allocates and awards funding to those applicants.Community partners submitted applications for one-time pandemic response funding from Community Development Block Grant (CDBG-CV),Emergency Solutions Grant (ESG- CV)and Housing Opportunities for Persons with AIDS (HOPWA)grants. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 19,2021 and Tuesday,February 2,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,February 16,2021 Minutes: Benjamin Luedtke provided an introduction and detailed the following information: •Federal deadlines:funding must be under contract with community partners by May 17, 2021 for ESG (Community Solutions grants –targeted at homeless prevention/assistance), and June 1,2021 for CDBG (Community Development Block grants). •Significant remaining funds ($468,000 for CDBG,$460,000 for ESG)should the Council adopt the Mayor’s funding recommendations. •Two Items before the Council today:1)adopting some/all funding recommendations for applications received,and 2)how to proceed with remaining funds. •Unallocated funds and the funding for received applications,the Council could move forward on them separately.Staff could return to the Council with more information on how many residents could be served through the additional funding received by the various community partners before acting on both on February 16. •A graphic/table detailing federal funds received by the City during the pandemic will be provided to the Council later this month. Lani Eggertsen-Goff provided information regarding: •Three new Staff members being hired and ready to administer funding. •CDBG-CV funding information:$468,900 of funding was not requested by applicants during the typical process,and confirmation was received that the Salt Lake City Corporation/Sustainability application could expand the initial application to provide more emergency food delivery,it was found that the Shelter The Homeless application was not scalable –according the the applicants,and Nourish To Flourish could use any amount of the $468,900 funding determined by the Council (they had already utilized all CARES Act funding from Salt Lake County &Salt Lake City)to target services for residents in zip codes most impacted by the pandemic (program was fully scalable to match funding appropriated by the Council).Regarding the Possibility of assistance with vaccinations through Salt Lake County Health Department,they had received over $900,000 in requests (related to equity in access/equitable distribution of/to vaccinations),and anticipate to MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 7 PENDING provide possibilities for some HUD-CV funding to bolster applications they could not fund. (HAND will be meeting with the Health Department tomorrow to determine if any of their applications could serve Salt Lake City zip codes (Glendale &Rose Park)to align with HUD- CV eligible activities). •ESG-CV funding information:$460,000 of funding for assistance with vaccination education/outreach (specific to homelessness population)including followup for a second vaccine shot,through three applications/community partners (4th Street Clinic,Volunteers of America,and Soap to Hope),and it was suggested by HAND to split the funding equally between the three applications (as long as staffing capacity could meet deadlines/objectives of Council direction). Tony Milner said Sustainability’s application could entertain an increase (with no specific details),Nourish To Flourish said they could utilize all of the available funding,and based on the Council’s guidance,work with the individual applicants to determine what was scalable for their organizations/down to the exact dollar amount.He also provided expenditure deadlines:HUD- CV –by September 2022,and ESG-CV –at least 20%by September 2021. 7.Tentative Break ~4:20 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 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 8 PENDING 8.Ordinance:Rezone at 1301 and 1321 South State Street ~4:40 p.m. 20 min. The Council will be briefed about a proposal to rezone the properties at 1301 and 1321 South State Street.The proposal would change the properties from CC (Corridor Commercial)to FB- UN2 (Form Base Urban Neighborhood 2)and amend the table of the zoning ordinance to include additional land area eligible for additional building height.The applicant requested the rezone because the FB-UN2 zoning district better aligns with potential use of the corner lot and potential for a new mixed-use building,which would replace existing buildings on the parcels.Consideration may be given to rezoning the property to another zoning district with similar characteristics.Other sections of Title 21A –Zoning may also be amended as part of this petition. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -Tuesday,February 2,2021 Hold hearing to accept public comment -Tuesday,March 2,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,March 16,2021 Minutes: Brian Fullmer provided an introduction to the proposal,provided details of the applicant’s intent (replace existing buildings for new ground-floor commercial space with owner-occupied condominiums above),and noted the Planning Commission’s unanimous positive recommendation,with the condition that the two parcels be consolidated before the Ordinance was published. Katia Pace provided information regarding applicants proposal (consolidating two parcels/removing existing buildings,etc.),Planning Commission recommending the approval, site information,plans applicable to the site (RDA project area,Life on State,etc.),current zoning/proposed zoning,zoning comparison (CC zoning required more setbacks,more parking, MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 9 PENDING less height/density –FB-UN2 having more design guidelines),surrounding properties that were also CC zoned,Staff findings (FB-UN2 having potential for additional housing,more sustainable,safer,and better designed),and condition of approval (parcels needing to be consolidated). Mike Nikols (applicant)assured the Council he intended to adhere to the proposal,he said it was important to him that the condominium’s residents be invested with homeownership,and wanted the units to be affordable for everyone (offering at the best price possible). Councilmember Johnston said it was personally important to him to find a way to re-use the Coachman’s sign (as a place making piece),as it was an important part of the neighborhood. Nick Norris said Planning Staff was reviewing zoning in the State Street corridor as a whole for future changes,addressing design standards within the different zoning areas,while finding ways to retain unique building placements/facades with new development in the surrounding area. 9.Ordinance:Free Metered Parking for Salt Lake City Green Vehicles ~5:00 p.m. 20 min. The Council will be briefed about a proposal that would amend section 12.56.205 of the Salt Lake City Code with changes to the Salt Lake City Green Vehicle Parking Program,increasing the number of vehicles eligible for the free metered parking.The intent of the proposal is to return the ordinance to 2006 eligibility criteria,which would include a broader range of energy efficient vehicles. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -TBD Hold hearing to accept public comment -TBD TENTATIVE Council Action -TBD Minutes: Sam Owen provided an introduction to the proposal,and indicated this item had a fiscal note indicating an estimated $90,000 in reduced parking revenue overall (under 2006 standards –with more inclusive criteria)and $25,000 loss (the more restrictive criteria),with the difference being $65,000/year. Mayor Mendenhall,Blake Thomas,Jonathan Larsen,and Dan Bergenthal provided information regarding the history of the program (began in 2006,updated in 2018 due to the increase of eligible vehicles),transitioning City residents to alternative active forms of transportation,plans for future collaboration with Utah Transit Authority (UTA)to expand free- fare zones,air-shed equity/inequity (impacted by cars on City roads),and finding ways to true up parking fees to better reflect value of parking spots/increase turnover at local businesses. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 10 PENDING 10.Informational:Water and Snowpack Report ~5:20 p.m. 20 min. The Council will receive a briefing from the Department of Public Utilities about the status of water runoff,snowpack and water supply projections. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Laura Briefer provided information regarding:summer drought concerns,water service areas,water supply sources (surface water 80-90%,groundwater 10-15%),water resource management including source water protection (water treatment,water distribution,water quality monitoring,etc.),determining annual water supply outlook (low soil moisture in watershed areas,Utah’s driest and 7th hottest year in 2020,snow pack below normal to date, most of Utah in extreme or exceptional drought,etc.),stream flow projections being below average (source streams projected to be 40-60%of average water yield –as of January 31st), reservoir projections (Deer Creek currently at 75%capacity,storage was lower than this time last year),water conservation and demand management (reducing overall water use/demand during summer peak being critical during drought years),possible initiation of Water Shortage Contingency Plan this year,and resources/information available for ways to help reduce water during seasonal drought. Stephanie Duer provided information regarding:upcoming meetings to determine strategies and messaging (social media platforms)to be provided to the public regarding water conservation. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 11 PENDING 11.Board Appointment:Bicycle Advisory Committee –Rachel Manko ~5:40 p.m. 5 min. The Council will interview Rachel Manko prior to considering appointment to the Bicycle Advisory Committee for a term ending February 2,2024. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 2,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,February 2,2021 Minutes: Interview was held.Councilmember Fowler said Rachel Manko’s name was on the Consent Agenda for formal consideration. Standing Items 12.Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Item not held. 13.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; •Limit/Avoid In-person Meeting with Council Staff Attendance; •Grant Holding Account Items for Budget Amendment No.7 for Fiscal Year 2020-21;and •Scheduling Items. Minutes: 1.Limit /Avoid In-person meeting with Council Staff attendance Chair and Vice-chair have advised staff that in-person meetings should not take place until significant progress is made with COVID vaccines to ensure safety for all attendees. Cindy Gust Jenson said due to recent illness in the office,the Council Office/Staff will be limiting/avoiding in-person meetings and encouraged the continued use MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 12 PENDING of electronic meetings via Zoom,Webex,etc.(No further discussion was held.) 2. Grant Holding Account Items for Budget Amendment No.7 –Fiscal Year 2020-2021 The Fire Department applies for and receives the Bureau of Emergency Services (BEMS)Per Capita Grant annually.Last year,the City received $9,635,which provided emergency supplies for the Fire Department.Recently,the City received an additional $6,275 in conjunction with this same grant.A public hearing for the original grant award was held April 7,2020.This grant appears on tonight’s Formal Agenda under Consent as Item G-5:Grant Holding Account Items (Batch Number 4)Associated with Budget Amendment Number 7. • Council staff wanted the Council to be aware of the additional funding.Please let staff know if Council Member have any questions. There were no questions or discussion from Council Members. 14.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 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 13 PENDING approves the sale; f.discussion regarding deployment of security personnel,devices,or systems; and g.investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code §78B-1-137,and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. Minutes: Item not held. Meeting adjourned at 5:47 p.m. Minutes Approved: _______________________________ City Council Chair _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held 02 February 2021. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 2,2021 14 PENDING PENDING MINUTES –NOT APPROVED The City Council of Salt Lake City,Utah,met in Work Session on Tuesday,February 9,2021 in an Electronic Meeting,pursuant to the Chair’s determination and Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). The following Council Members were present: Amy Fowler,Ana Valdemoros,Andrew Johnston,Chris Wharton,Daniel Dugan,Darin Mano,James Rogers The following Council Members were absent: Present Legislative leadership: Cindy Gust-Jenson,Executive Director;Jennifer Bruno,Deputy Director;Lehua Weaver,Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall;Rachel Otto,Chief of Staff;Lisa Shaffer,Chief Administrative Officer Present City Staff: Katherine Lewis –City Attorney,Amanda Lau –Public Engagement &Communication Specialist,Ben Luedtke –Senior Public Policy Analyst,Nick Tarbet –Senior Public Policy Analyst,Robert Nutzman –Administrative Assistant,Russell Weeks –Senior Advisor,DeeDee Robinson –Deputy City Recorder,Blake Thomas –Community &Neighborhoods Director,Chief Mike Brown –Police Chief, Debra Alexander –Human Resources Director,Lorna Vogt –Public Services Director,Mary Beth Thompson –Chief Financial Officer,Peter Bromberg –SLC Library Director,Tony Milner –Housing &Neighborhood Development Policy &Program Manager,Allison Rowland –Public Policy Analyst, Kimberly Chytraus –Senior City Attorney,Lani Eggertson-Goff –Housing and Neighborhood Division Director,David Salazar –Human Resources Program Manager,Matt Cassel –City Engineer,John Vuyk –City Budget Director,Jaysen Oldroyd –Senior City Attorney Full Meeting Audio Meeting Packet Material Councilmember Fowler presided at and conducted the meeting. The meeting was called to order at 3:51 pm MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 1 Work Session items MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 2 1.Informational:Updates from the Administration ~4:00 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 Minutes: Lisa Shaffer provided updates/information regarding Cemetery windstorm damage:265 trees were lost on the grounds,225 stumps remaining with large holes being dangerous/impeding public traffic in the area,an archeologist had been on-site since December 2020 evaluating damage to headstones/monuments,10 headstones were heavily damaged/needing replacement,109 tree stumps scheduled to be removed beginning today,hiring of a monument contractor to extract headstones displaced by/entangled in fallen trees,damaged tree removal and headstone replacement work anticipated to be completed by Memorial Day 2021, along with information regarding apprenticeship program,including:hiring of three apprentices, one offer being extended,10 scheduled interviews,multiple apprentice positions offered within Public Utilities,as well as many new job opportunities within the City. Councilmember Fowler requested apprenticeship information to include in an email blast to her constituents. Mayor Mendenhall provided updates/information regarding:Camp Last Hope organizers working with City partners (camp closure on February 4,2021)including a resource fair provided two days before camp closure providing campers with access to resources/services and time to remove their belongings,outcomes of the resource fair included:40 individuals engaged by Volunteers of America (VOA)Youth Outreach (with eight qualifying for youth services),VOA City Outreach engaged 63 adult individuals,Road Home engaged 16 individuals for housing conversations (with one person admitted into the program),Valley Behavioral Health engaged 15 individuals (with six persons expressing interest in treatment programs),4th Street Clinic provided COVID-19 testing (20 individuals tested/one positive test),VOA City Outreach team placed seven individuals into shelter programs,Drivers License Division assisted with 29 appointments for identification cards,the City’s Justice Court was on-site for mobile court hearings (46 cases heard)and 3rd District Court hearing 11 total cases,updates regarding the City’s tiny home initiative,including:three working groups being formed (finance,land use, service providers)with plans to form a pilot program by winter 2021.(Council Members will be invited to participate in the working groups).Mayor Mendenhall also spoke regarding a recent tragic death of a woman camping in a City resident’s yard and provided facts/timeline of the situation leading up to the death. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 3 2.Informational:Updates on Racial Equity and Policing ~4:30 p.m. 20 min. The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City.The conversation may include issues of community concern about race,equity,and justice in relation to law enforcement policies, procedures,budget,and ordinances.Discussion may include: •An update or report on the Commission on Racial Equity in Policing;and •Other project updates or discussion. 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 Minutes: Allison Rowland provided information regarding upcoming Racial Equity in Policing (REP) Commission meeting date/time with two items of special interest on the agenda:Police Department budget audit introduction and questions/responses from listening session/discussion. Mike Brown provided information/updates regarding Violent Crime Task Force,including: team partners included US Attorneys,US Marshall,Department of Public Safety,Bureau of Alcohol,Tobacco,Firearms,and Explosives (ATF),Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI),Homeland Security,Adult Parole and Probation (APP), Sheriff Rivera,and jail personnel,task force accomplishments included multiple defendants being charged federally for illegal fire arms,drug trafficking,gang-affiliation,parole/probation violations,and current/prior domestic violations,and presentation of a sample dashboard to view department accomplishments/results (Crime Control Plan Public Dashboard –planned to go live next week)that included cases by week/year,cases with drugs/drug types/doses,cases with guns/total guns seized,etc. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 4 3.Informational:State Legislative Briefing ~4:50 p.m. 20 min. The Council will be briefed by the Administration about issues affecting the City that may arise during the 2021 Utah State Legislative Session. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021;Tuesday,February 2,2021;and Tuesday,February 9,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Kate Bradshaw (Holland &Hart Law Firm,contract lobbyist)provided updates regarding:billboard legislation (Senate Bill (SB)61 –on-going negotiations),law enforcement legislation (lobbying efforts aligning with City values/directives),regulatory sandboxes (allowing new industries to test operations free of some regulations –with City suggested amendments for transparency),and Airport lobbying efforts that were outside of the legislative process (issues regarding flight paths,runway noise,land for potential development being impacted due to runway expansion,etc.). Councilmember Rogers requested more information regarding the Airport issues/what was agreed upon.Ms.Bradshaw said there were avigation easements agreed to,providing proper notice to those who might reside in newly developed areas surrounding the Airport,with the understanding (at the time of purchase)of such agreement and to be recorded in perpetuity with the property. Councilmember Fowler thanked Ms.Bradshaw and the legislative team for their efforts during this years session. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 5 4.Ordinance:Amendment to Require Notice for Permits to Work in the Public Way Follow-up ~5:10 p.m. 20 min. The Council will receive a follow-up briefing on proposed amendments to City code that would require permit holders to provide notice to property owners whose properties are adjacent to above-ground work that will be performed in the public way.The key changes would require: •Evidence that notice was provided 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. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 12,2021 and Tuesday,February 9,2021 Set Public Hearing Date -Tuesday,December 8,2020 Hold hearing to accept public comment -Tuesday,January 19,2021 at 7 p.m. TENTATIVE Council Action -TBD Minutes: Nick Tarbet provided an introduction and follow-up information for the Council to consider, including:review of public comments expressing concern the public notice only pertained to above ground work and not below ground work,and specific requests/issues raised from Verizon Wireless. Straw Poll:Support for placing the ordinance “as is”on a future agenda item for Council action.All Council Members were in favor. Matt Cassel spoke on providing notice for above vs.below ground work,including:verified outreach broadened for below ground work would utilize more employees (resource issue),a database would be needed for recording/verifying notification to residences affected,the need for defining boundaries of who should receive notifications,current City notification policy (no City monitoring –not well defined,no specificity)vs.a new ordinance (holding companies accountable),City’s capability to enforce fines (unable to without a permit issued for work in the public right-of-way),possibility to deny permits if noticing was not provided (if stated in an ordinance),current noticing process for City work in the public right-of-way (email list,website posting,flyers left at residences –a year in advance for many projects),fines/fining being heavily restricted by State Code and not seen as a strong tool (notice was required and $25/day was barely impactful)but important to have in place,and the best leverage for the City being the issuance of a permit (allowing more control of the outcomes with contractors). Kimberly Chytrus provided information regarding:existing City policy for notifying residents (not codified),service providers currently providing noticing on barriers/traffic cones on intersections to notify the neighborhood and not on individual homes (needing to be addressed within the proposed ordinance),issue raised by Verizon Wireless that it was not appropriate for them notify adjacent property owners for potential construction when permits were not yet secured (having to provide notice before permits were approved)but willing to provide noticing after permitting/before construction (verification requiring additional City resources),and the need to codify the Council’s preferred parameters for above and below ground noticing MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 6 requirements. Councilmember Mano expressed concerns that current noticing was vague,there were various stages of construction work done at different times,and landscaping was not always repaired promptly after work was completed and/or correctly.He suggested the requiring of noticing be the burden of the provider to track noticing/provide proof of noticing,and that noticing require specific details of the work to be done. Councilmember Johnston said he was sensitive to the volume of work it would entail for the providers regarding notification/verification of pending construction work,and would be interested in requiring (within an ordinance)an online posting of information regarding the work to be done (name of company doing work,where,when,and contact information)be made available to the public. Councilmember Wharton said he envisioned the required noticing to go as far as a flyer/postcard on the resident’s door,a mailer (and receipt of mass mailing and who they were sent to),or an affidavit (stating specifics of verified noticing),and if complaints arose for no notice provided –only then City resources/staff would be needed to look into it and suggested an online form for providers to confirm they completed the required noticing.He added that relying on good-faith for providers to provide noticing to residents was no longer working. Blake Thomas acknowledged there was a desire for an ordinance that spelled out best practices and it was Engineering/Community &Neighborhood’s role to work with Ms.Chytraus, et al to deliver that product with the providers maintaining those records,and hoped to come back to the Council with that in mind. Councilmember Folwer inquired what a reasonable time frame would be to revisit the underground noticing requirements portion,looking at policies in place,and perhaps add what was discussed today (noticing timeline/specifications).Ms.Chytraus said she recognized the importance of the issue and said she would prioritize it,inquired what the Council would want to see for underground work that was different from what was proposed for above ground work, and advised that the ordinance (as written)was for pre-permit notification to adjacent property owners (working with the provider on what evidence would be accepted).Councilmember Fowler offered that perhaps adding the term underground to the proposed ordinance would allow for revisiting the issue sooner than later.Ms Chytraus verified that adding the preferred requirements for underground work and elements of what was discussed today into the proposed ordinance would not take a lot of additional time. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 7 5.Ordinance:Library Budget Amendment No.1 for Fiscal Year 2020-21 ~5:30 p.m. 30 min. The Council will be briefed about a proposal to amend the budget for the Library Fund for Fiscal Year 2020-21.Budget amendments happen several times each year to reflect adjustments to the City’s budgets,including proposed project additions and modifications.The proposed amendment includes funding to complete the Library’s Master Facilities Plan,a grant to increase digital access to underserved populations in the City,for earthquake repairs to the Main Library Branch,and Sprague Branch renovations,among other changes. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 9,2021 Set Public Hearing Date -Tuesday,February 16,2021 Hold hearing to accept public comment -TBD TENTATIVE Council Action -TBD Minutes: Russell Weeks provided a brief introduction to the proposal and noted the Council would set the public hearing date on February 16,2021 for March 2,2021. Peter Bromberg provided information regarding requests within the General Fund and Capital Fund,including:$170,895 for continuation of Master Facilities Planning process (out of Fund Balance –carried forward to Fiscal Year (FY)2021 budget),$30,000 for earthquake repairs (out of Fund Balance),$420,000 for Institute,Museum,and Library Services Grant from the federal government (added to the budget –no reduction of Fund Balance)for developing a model for increasing digital access to underserved populations in the City (Digital Navigators Program –providing one on one outreach/assistance –focused on the City’s west side neighborhoods),$105,000 for Sprague Branch renovations (addressing unforeseen additional construction work),and $30,000 to fully furnish the renovated portion (out of Fund Balance), and $125,000 for HVAC filtration for the safety of staff/patrons (installation of ionization filtration systems for all eight library locations). Councilmember Mano inquired how the Council and constituents could be more involved with the Master Facilities planning process.Mr.Bromberg said he could provide a presentation to the Council at a future work session,and/or set up individual/small group meetings with the Council to discuss further details.He added that public engagement sessions were conducted last year but was worth revisiting through updated virtual meetings via social media. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 8 6.Resolution:Awarding U.S.Department of Housing and Urban Development (HUD)Coronavirus Aid,Relief,and Economic Security (CARES)Act Grant Funds Follow-up ~6:00 p.m. 20 min. The Council will receive a follow-up briefing about funding recommendations from resident advisory boards and the Mayor and approving an interlocal agreement between the City and the U.S. Department of Housing and Urban Development (HUD).This agreement allocates and awards funding to those applicants.Community partners submitted applications for one-time pandemic response funding from Community Development Block Grant (CDBG-CV),Emergency Solutions Grant (ESG- CV)and Housing Opportunities for Persons with AIDS (HOPWA)grants. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,January 19,2021;Tuesday,February 2,2021;and Tuesday,February 9,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,February 16,2021 Minutes: Benjamin Luedtke provided the following information:this was the third briefing regarding funding recommendations with a potential vote scheduled for February 16,2021,the Council having previously determined food insecurity and equitable vaccination distribution as policy priorities for unallocated funds,remaining funds included:$468,900 Community Development Block Grant (CDBG-CV),and $460,828 Emergency Solutions Grants (ESG-CV), and details of the following:$40,000 difference in CDBG-CV between available funds and what would be requested (Council to decide on giving all funds to Nourish To Flourish,or make available for equitable distribution of vaccines),and $5,000 remaining in ESG-CV with no recommended use (Council to consider how to distribute). Lani Eggertsen-Goff and Tony Milner provided information regarding number of individuals served/clients who were served (Nourish To Flourish –62,000 meals –working with partners for clients to receive needed meals,etc.),Soap to Hope outreach (5,200 served – specializing with victims of human trafficking,others with substance abuse issues), Sustainability Department providing food boxes through various community partners (targeting hardest hit communities),and working closely with those receiving funding to record measurable output/outcomes. Mayor Mendenhall noted there was a lot of need with the community organizations that had been spoken about,but money did not seem to be the driving/motivating force. Councilmember Johnston requested the Sustainability Department provide information regarding their process in using community partners for the food boxes,making it clear the community was being served. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 9 7.Informational:Update on Windstorm Budget ~6:20 p.m. 5 min. The Council will be briefed about proposed funding for repairs throughout the City from the September 8,2020 Windstorm and changes from what was previously estimated for the Council. The Administration is not requesting additional funding.Previously appropriated funding would be adjusted and reassigned due to new estimates of various project needs.Changes of use for the funding include additional sprinkler repairs at an estimated 150 locations,and multiple repair and restoration projects to the City Cemetery. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 9,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Minutes: Jennifer Bruno and Mary Beth Thompson briefed the Council regarding:new/updated details regarding final funding estimates (with no action needed within a budget amendment), $5,925,000 was requested in Budget Amendment No.3 with several different areas of funding, now with two additional needs (sprinkler repairs from downed City trees in public right-of-way, and removal/reinstallation of monuments,sod replacement,headstone repair,etc.at the cemetery). Straw Poll:Support for approval of the Administration’s adjusted/reassigned funding for various project needs.All Council Members were in favor. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 10 Standing Items 8.Report of the Chair and Vice Chair Report of Chair and Vice Chair. Minutes: Council Chair Fowler made a statement regarding the recent death of a City employee,Greg Mikolash,and offered condolences on behalf of the Council to the Building Department and all of those who worked with him,as well as his family. 9.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 scheduling items. Minutes: A.COVID Memorial Day –Local Proclamation and Support A few Council Members received an email from Smart City Policy Group asking if the Salt Lake City Council would like to adopt a COVID-19 Victims and Survivors Memorial Day Resolution and recognize March 1st as COVID Memorial Day in Salt Lake City.Staff will work with the requestor to see if it’s possible to get a resolution prepared for next Tuesday’s meeting. •Are Council Members supportive of considering a resolution? Councilmember Fowler suggested the Council review the email from Smart City Policy Group,coordinate with Staff if there are any questions,and let Staff know if they were interested/not interested. Cindy Gust-Jenson said the email would be redistributed for immediate attention, a draft of the resolution would be requested from the organization,and Staff will let them know that the Council’s decision is pending.She said a draft resolution will be made available to the Council as soon as possible (before a commitment is implied). MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 11 10.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. Minutes: Council Members in Attendance:Fowler,Valdemoros,Rogers,Dugan,Johnston,Mano,and Wharton Other Attendees:Mayor Erin Mendenhall,Cindy Gust-Jenson,Benjamin Luedtke,David Salazar,Allison Rowland,Lehua Weaver,Jason Oldroyd,Jennifer Bruno,John Vuyk,Lisa Shaffer,Lorna Vogt,Mary Beth Thompson,Rachel Otto,Cindy Lou Trishman,Katie Lewis, Robert Nutzman,Debra Alexander Sworn Statement Closed Session Adjourned at 6:42 pm Motion: Moved by Councilmember Wharton,seconded by Councilmember Dugan to enter into Closed Session to discuss collective bargaining strategies pursuant to Utah Code §52-4-205(1)(b). AYE:Andrew Johnston,James Rogers,Chris Wharton,Ana Valdemoros,Darin Mano,Daniel Dugan,Amy Fowler MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 12 Final Result:7 –0 Pass MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 13 Meeting adjourned at 6:08 p.m. Minutes Approved: _______________________________ City Council Chair _______________________________ City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held 09 February 2021. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday,February 9,2021 14 Item H1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 WWW.COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer, Policy Analyst DATE: May 18, 2021 RE: Learned Avenue Alley Vacation PLNPCM2020-00572 MOTION 1 – (close and defer action) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 2 – (continue the public hearing) I move that the Council continue the public hearing to a future Council meeting. 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:May 18, 2021 RE: Learned Avenue Alley Vacation PLNPCM2020-00572 BRIEFING UPDATE At the April 6 Council briefing, a Council Member asked if it is legal for the Council to make an alley closure contingent on the applicant providing affordable housing units in a future project. Council staff noted the alley closure is at the Council’s discretion. The Attorney’s Office stated this condition could be written into the ordinance. The applicants discussed their proposed project. Plans for the new development would create a dead-end alley if the Council does not approve the alley closure. They stated this would likely attract illicit activity in the alley. In addition, preliminary plans include more parking than required which helps address nearby resident concerns about on-street parking. The applicants reported working with tenants of the four adjacent homes and provided financial assistance to help with finding and moving to new housing. A Council Member asked if there is precedent for conditioning an alley closure on affordable housing. Planning staff stated this is the first time they are aware of such a recommended condition for an alley closure. The Council Member expressed hesitance to set a precedent on this alley noting City staff workload. Council staff reiterated the Council’s authority to include the condition. It was also stated this might be added to the mitigation study to address similar situations in the future. Item Schedule: Briefing: April 6, 2021 Set Date: April 6, 2021 Public Hearing: May 18, 2021 Potential Action: June 1, 2021 Page | 2 A Council Member asked if affordable housing is included in the proposed project at the subject alley location. The applicant stated it is not included in this project. They would like to meet with City staff to discuss options for including affordable housing in future projects. The following information was provided for the April 6, 2021 Council briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a 180 foot by 16.5-foot City-owned alley between North Temple and Learned Avenue, west of 1000 West in City Council District Two. The east-west alley is between a restaurant at 1025 West North Temple on the north and four single-family homes fronting Learned Avenue on the south as shown in the image below. It is currently being used as a parking lot for the restaurant. It does not fully connect through the block (see map on next page). Residents of the adjacent homes also use the alley’s painted parking stalls. All properties adjacent to the subject alley are owned by the applicant. A north/south alley between North Temple and Learned Avenue would remain open under the proposal. The applicant expressed an intent to demolish the four single-family homes, consolidate parcels adjacent to the alley and construct a multi-family housing structure with ground floor commercial space if the alley closure is approved by the City Council. On page two of the Administration’s transmittal Planning staff noted the four adjacent single-family homes could be considered naturally occurring affordable housing, which would be removed if the applicant redevelops the parcels with a multi-family housing structure. There are no specific plans at this point for how many units might be included and whether they will be considered market rate or affordable. If approved by the City Council, the vacated alley property will be sold to the applicant at market value. In its positive recommendation to the Council, the Planning Commission also recommended the applicant work with the City to address displacement of the four single-family homes, and the Council explore adding affordable housing to the development. The Council’s role is to determine whether it is in the City’s best interest to vacate the alley property and sell it to the developer at market value. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTIONS 1. As discussed above, Planning staff noted the four existing single-family homes could be considered naturally affordable housing. The Council may wish to ask what type of housing the applicant intends to include in the future development. 2. Does the Council agree with the Planning Commission’s recommendation on this alley closure request? Page | 3 Image courtesy Salt Lake City Planning Division ADDITIONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 5-7 below). Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. The Planning Commission staff report provides information relating to the following five key considerations related to this alley vacation. A short description of each issue is provided below for reference. Please see pages 17-19 of the Administration’s transmittal for full analysis of these issues. 1. Property Owner Consent Section 14.52.030 A.1 states “The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property.” When the application was submitted to the Planning Division, all adjacent property owners signed the petition in support of the proposal. The applicant now owns all adjacent properties. 2.Policy Considerations The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). As outlined below and in Page | 4 Attachment E (pages 34-36 of the Administration’s transmittal), Planning staff finds the alley vacation satisfies the Urban Design and Public Safety policy considerations. 3.Nature of the Alley Based on an aerial photo Planning staff found the alley has been used since at least July 2018 as parking for the restaurant at 1025 West North Temple and as parking for the adjacent single-family homes. The alley ends at the property to the west and does not appear to serve any purpose other than parking for adjacent properties. 4.Future Public Uses of the Alley Potential to use alleys for pedestrians, cyclists or other beneficial uses is considered in alley vacation requests. Because this alley ends at the western edge of the applicant’s property, it would not serve as an east/west mid-block connector for pedestrians, bicycles, or vehicles. Using it for vehicular access to the proposed development could impede pedestrian or cyclist use of the north/south alley that would not be closed under the proposal. Vacating the subject alley could provide vehicle access to the proposed development from Learned Avenue. This would encourage pedestrian access move to North Temple and to the remaining north/south alley. 5.City Housing Goals and Housing Displacement The applicant requested the subject alley closure as part of a plan to redevelop abutting properties into a medium/high-density multi-family residential building. The North Temple Boulevard Master Plan encourages increased residential density in the core and transition portions of transit station areas. The subject alley and abutting properties are in the transition portion. However, under the proposed development, residents of the four abutting single-family homes would be displaced when the structures are demolished. Growing SLC, the City’s 2018-2022 Housing Master Plan, established guiding principles for the City Council when appropriating funds for housing development. Planning staff noted vacating an alley (even if the alley is being sold to an applicant) should be considered an appropriation of City resources. Growing SLC principle 6 recommends the City Council “create a net increase in affordable housing while…avoiding displacement of existing affordable housing.” Planning staff and the Planning Commission recommend the developer mitigate housing displacement by including an affordable housing component into the future development. Attachment E of the Administration’s transmittal (pages 34 - 36) is an analysis of factors City Code requires the City to consider for alley vacations (Sections 14.52.020 and 14.52.030 B Salt Lake City Code). In addition to the information above, the other factors are summarized below. For the complete analysis, please refer to the transmittal. •City Code required analysis: The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). Finding: Complies. Planning staff determined the proposed alley closure satisfies the Public Safety, and Urban Design policy considerations for the petition to be processed. •City Code required analysis: The City Police Department, Fire Department, Transportation Division and all other relevant City departments and divisions have no objection to the proposed disposition of the property. Finding: Complies. City Public Utilities, Transportation and Zoning responded with no objections. Page | 5 •City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. Occupants of 1022 West Learned Avenue currently use the subject alley to access parking in the rear. This property also abuts the adjacent north/south alley which would allow the applicant to move parking egress next to the alley without impeding use of that alley. •City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. No properties would be landlocked as a result of the alley vacation. •City Code required analysis: The disposition of the alley property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses. Finding: Mixed. As discussed above, the North Temple Boulevard Master Plan encourages increased residential density in this area. However, Growing SLC recommends the City “create a net increase in affordable housing while…avoiding displacement of existing affordable housing.” The proposed development (separate from the alley vacation before the City Council) includes removal of the existing single-family homes and displacement of the residents. •City Code required analysis: No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building permit. Finding: Complies. The applicant owns all parcels abutting the subject alley, and as of the writing of this report no applications for a garage building permit have been submitted. •City Code required analysis: The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it. Finding: Complies. The applicant is requesting to vacate the entire east/west alley. Under the proposal, the adjacent north/south alley would remain intact. •City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. As discussed above, occupants of 1022 West Learned Avenue currently use the subject east/west alley for parking egress. Parking egress could be moved to the east property line. PUBLIC PROCESS Notice of the project and a request for comments were sent to the Fairpark and Poplar Grove Community Council Chairs September 14, 2020. Planning staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site on September 15, 2020. Notice about the online open house for the project and information on how to give public input was included. An online open house for the proposed alley vacation was posted on the Planning Division’s website September 14, 2020. The 45-day recognized organization comment period expired October 30, 2020. Page | 6 Notice of the public hearing for the proposal included: • Public hearing notice mailed November 19, 2020 • Public hearing notice sign posted near the subject alley November 23, 2020 • Public notice posted on City and State websites & Planning Division listserv November 19, 2020 Public Input: Neither the Fairpark nor the Poplar Grove Community Council Chairs asked staff to present the proposed alley vacation at their meetings. Planning staff received one public comment email expressing support for the proposal. The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: The city supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with regard to city owned alleys, subject to the substantive and procedural requirements set forth herein. 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF CITY OWNED ALLEYS: The city will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an onsite inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right of way; B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, unsafe conditions, public health problems, or blight in the surrounding area; C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. (Ord. 24-02 § 1, 2002) 14.52.030: PROCESSING PETITIONS: There will be three (3) phases for processing petitions to dispose of city owned alleys under this section. Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. A. Administrative Determination of Completeness: The city administration will determine whether or not the petition is complete according to the following requirements: 1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property; 2. The petition must identify which policy considerations discussed above support the petition; Page | 7 3. The petition must affirm that written notice has been given to all owners of property located in the block or blocks within which the subject alley property is located; 4. A signed statement that the applicant has met with and explained the proposal to the appropriate community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this code; and 5. The appropriate city processing fee shown on the Salt Lake City consolidated fee schedule has been paid. B. Public Hearing and Recommendation From The Planning Commission: Upon receipt of a complete petition, a public hearing shall be scheduled before the planning commission to consider the proposed disposition of the city owned alley property. Following the conclusion of the public hearing, the planning commission shall make a report and recommendation to the city council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors: 1. The city police department, fire department, transportation division, and all other relevant city departments and divisions have no reasonable objection to the proposed disposition of the property; 2. The petition meets at least one of the policy considerations stated above; 3. Granting the petition will not deny sole access or required off street parking to any property adjacent to the alley; 4. Granting the petition will not result in any property being landlocked; 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the policies of the city, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses; 6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within twelve (12) months of issuance of the building permit; 7. The petition furthers the city preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the planning commission, the city council will consider the proposed petition for disposition of the subject alley property. After a public hearing to consider the matter, the city council will make a decision on the proposed petition based upon the factors identified above. (Ord. 58-13, 2013: Ord. 24-11, 2011) 14.52.040: METHOD OF DISPOSITION: If the city council grants the petition, the city owned alley property will be disposed of as follows: Page | 8 A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density residential use, the alley will merely be vacated. For the purposes of this section, "low density residential use" shall mean properties which are zoned for single-family, duplex or twin home residential uses. B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties which are zoned for high density residential use or other nonresidential uses, the alley will be closed and abandoned, subject to payment to the city of the fair market value of that alley property, based upon the value added to the abutting properties. C. Mixed Zoning: If an alley abuts both low density residential properties and either high density residential properties or nonresidential properties, those portions which abut the low density residential properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. (Ord. 24-02 § 1, 2002) 14.52.050: PETITION FOR REVIEW: Any party aggrieved by the decision of the city council as to the disposition of city owned alley property may file a petition for review of that decision within thirty (30) days after the city council's decision becomes final, in the 3rd district court. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2020-00572 – Learned Avenue Alley Vacation STAFF CONTACT: Aaron Barlow, Principal Planner, aaron.barlow@slcgov.com, 385-386-2764 DOCUMENT TYPE: Ordinance RECOMMENDATION: Follow the recommendation of the Planning Commission and approve with the following recommended condition: 1.The proposed method of disposition of the alley property shall be consistent with the method of disposition outlined in Section 14.52.040 – Method of Disposition and Chapter 2.58 City-Owned Real Property of the Salt Lake City Ordinance. 2. The applicant works with the City Council and relevant City departments on an agreement that addresses the displacement of the four existing single-family houses and explore adding additional affordable housing. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Jarod Hall of Di'velept Design, as a representative of Riley Rogers (the owner of surrounding property), has initiated a petition to vacate a 180-foot long section of public alley to consolidate the properties immediately abutting the alley. The 16.5-foot wide alley currently functions as an extension of the parking lot for the restaurant north of the alley (located at 1025 West North Temple). Residents of the adjacent single-family houses also use the alley's painted parking stalls. March 22, 2021 Lisa Shaffer (Mar 23, 2021 12:45 MDT) 03/23/2021 03/23/2021 When staff initially received the application, all adjacent property owners supported the vacation and signed the petition (which is included with exhibit 3b). However, as of this report's date, the applicant now owns all properties adjacent to the subject alley. If the petition is approved, the applicant plans to consolidate the lots adjacent to the alley and construct a multi-family residential structure. The proposed project will still need to meet relevant zoning requirements, and the applicant will need to submit a separate petition. The subject alley abuts four existing single-family houses that could be considered naturally occurring affordable housing. The applicant's plan to redevelop the block and demolish the existing houses would remove this existing housing stock. The Planning Commission voted to forward a positive recommendation on the alley vacation; however, the Commission also recommended that the applicant work with the City Council to address the displacement of the four existing houses and explore requiring additional affordable housing in the future project. Specific details regarding the proposed alley vacation are in the Planning Commission Staff Report (Exhibit 3b). PUBLIC PROCESS: • Early notification was sent to the Poplar Grove and Fairpark Community Council Chairs requesting comments for the proposal. Neither Community Council asked the applicant or Planning Staff to attend one of their meetings. Neither Community Council provided any comments. • Early notification was also sent out to property owners and residents within 300 feet of the subject area. No public comment was received. • Staff held a virtual Open House posted to the Salt Lake City website to solicit comments from the public. • A public hearing with the Planning Commission was held on December 2, 2020. One individual commented on the project, asking whether the adjacent taqueria was going to be removed. The applicant explained it was not part of their project. The Planning Commission discussed the request and voted to forward a favorable recommendation to the City Council. EXHIBITS: 1) Project Chronology 2) Notice of City Council Hearing 3) Planning Commission Record (December 2, 2020) a) Hearing Notice b) Staff Report c) Agenda and Minutes 4) Mailing List SALT LAKE CITY ORDINANCE No. ________ of 2021 (Vacating a city-owned alley situated adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue, pursuant to Petition No. PLNPCM2020-00572. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 2, 2020, to consider a request made by Jarod Hall of D’velept Design (“Applicant”) (Petition No. PLNPCM2020-00572) on behalf of the alley’s one adjacent property owner; and WHEREAS, at its December 2, 2020, hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; and WHEREAS, the city council finds after holding a public hearing on this matter, that there is good cause to vacate the alleys and streets described below, and that vacating the city-owned alleys and streets described below will not materially injure the public interest or any person. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley adjacent to properties located at 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue, which is the subject of Petition No. PLNPCM2020-00572, and which is more particularly described on Exhibit “A” attached hereto, hereby is, vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The above closure and 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 closure is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This proposed street closure and vacation is conditioned upon the following: 1) The proposed method of disposition of the alley property shall be consistent with the method of disposition set forth in Section 14.52.040 (“Method of Disposition”) and Chapter 2.58 (“City Owned Real Property”) of the Salt Lake City Code; and 2) The vacation is subject to payment to the city of the fair market value of the alley property, based upon the value added to the abutting properties. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the conditions identified above have been met as confirmed by the city’s real property manager. SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ 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 Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney March 9, 2021 EXHIBIT “A” Legal description of the unnamed, city-owned alley to be vacated: A TRACT OF LAND BEING SITUATE IN BLOCK 56, PLAT C, SALT LAKE CITY SURVEY, HAVING A BASIS OF BEARINGS OF BEARINGS BEING NORTH 00°01'32" WEST BETWEEN THE MONUMENTS FOUND MARKING THE INTERSECTIONS OF LEARNED AVENUE AND SOUTH TEMPLE STREET ALONG 1000 WEST STREET, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BOTHWELL AND MCCONAUGHY SUBDIVISION, ON FILE WITH THE OFFICE OF THE SALT LAKE COUNTY RECORDER, SAID POINT ALSO BEING NORTH 00°01'32" WEST ALONG THE CENTERLINE OF 1000 WEST STREET A DISTANCE OF 399.09 FEET TO THE STREET MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND LEARNED AVENUE AND NORTH 00°00'49" WEST ALONG THE CENTERLINE OF SAID 1000 WEST STREET A DISTANCE OF 173.35 FEET AND NORTH 89°59'47" WEST 212.59 FEET FROM THE MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND SOUTH TEMPLE STREET, AND RUNNING THENCE NORTH 89°59'47" WEST 181.62 FEET TO THE NORTHWEST CORNER OF LOT 15 OF SAID SUBDIVISION; THENCE NORTH 00°00'49" WEST 16.50 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF SAID SUBDIVISION; THENCE SOUTH 89°59'47" EAST 181.62 FEET TO THE SOUTHEAST CORNER OF LOT 10 OF SAID SUBDIVISION; THENCE SOUTH 00°00'49" EAST 16.50 FEET TO THE POINT OF BEGINNING. CONTAINS 2,997 SQUARE FEET OR 0.069 ACRES, MORE OR LESS. TABLE OF CONTENTS 1.PROJECT CHRONOLOGY 2.NOTICE OF CITY COUNCIL HEARING 3.PLANNING COMMISSION (December 2, 2020) A.HEARING NOTICE B.STAFF REPORT C.AGENDA AND MINUTES 4.MAILING LIST (generated 01/19/2021) 1. CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2020-00572 July 7, 2020 Petition received by the Planning Division. August 4, 2020 Petition assigned to Aaron Barlow, Principal Planner, for staff analysis and processing. September 14, 2020 Notice of the project and request for comments sent to the Chairs of the Poplar Grove and Fairpark Community Councils. Neither Chair provided response to the request for comment. September 14, 2020 Virtual Open House was posted to the Salt Lake City Website. November 17, 2020 Planning Commission hearing notice mailed to owners and tenants of property within 300 feet of the streets and alleys. December 2, 2020 Planning Commission reviewed the petition and conducted a public hearing. The commission then voted to send a positive recommendation to the City Council. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2020-00572 Learned Avenue Alley Vacation - A request from Jarod Hall of Di’velept Design, representing the owner of surrounding property, Riley Rogers, to vacate the public alley adjacent to the rear property line of 1025 West North Temple that runs mid- block from east to west. The subject alley is surrounded by the TSA-SP-T (Special Purpose Transit Station, Transition Area) zoning district and is located within Council District #2, represented by Andrew Johnston. 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 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 www.slccouncil.com 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 Aaron Barlow at 385-386-2764 between the hours of 8:30 a.m. and 5:30 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. PLANNING COMMISSION A. Hearing Notice December 2, 2020 3. PLANNING COMMISSION B. Staff Report December 2, 2020 SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7700 FAX 801-535-6174 Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: Salt Lake City Planning Commission From: Aaron Barlow, AICP, Principal Planner, 385-386-2764, aaron.barlow@slcgov.com Date: November 23, 2020 Re: PLNPCM2020-00572 – Learned Avenue Alley Vacation ALLEY VACATION PROPERTY ADDRESSES: The alley abuts five individual properties as follows: North Temple: 1025 W North Temple Learned Avenue: 1022, 1028, 1030, and 1032 W Learned Ave MASTER PLAN: North Temple Boulevard Plan; Northwest Master Plan ZONING DISTRICT: TSA-SP-T – Special Purpose Transit Station Transition Area COUNCIL DISTRICT: District 2, Andrew Johnston REQUEST: A request from Jarod Hall of Di’velept Design, representing the owner of surrounding properties, Riley Rogers, to vacate the public alley adjacent to the rear property line of 1025 West North Temple that runs mid-block from east to west. RECOMMENDATION: Based on the findings and analysis in this staff report, Planning Staff recommends that the Planning Commission transmit a positive recommendation to the City Council for the alley vacation with the following conditions: 1. The proposed method of disposition of the alley property shall be consistent with the method of disposition outlined in Section 14.52.040 – Method of Disposition and Chapter 2.58 City Owned Real Property of the Salt Lake City Ordinance. 2. The applicant works with City Council and relevant City departments on an agreement that addresses the displacement of the four existing single-family houses. ATTACHMENTS: A. Vicinity Map B. Photos C. Request & Project Narrative D. Existing Conditions & Zoning E. Analysis of Standards F. Public Process and Comments G. Department Review Comments H. Potential Motions PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 2 of 24 PROJECT DESCRIPTION: Jarod Hall of Di’velept Design, as a representative of Riley Rogers (the owner of surrounding property) has initiated a petition to vacate a 180- foot long section of alley in order to consolidate the properties the alley immediately abuts. The 16.5-foot wide alley currently functions as an extension of the parking lot for the restaurant north of the alley (located at 1025 West North Temple). Residents of the adjacent single-family houses also use the alley’s painted parking stalls. When the application was submitted, all adjacent property owners supported the vacation and signed the petition (included with attachment C). However, as of the date of this staff report, the applicant now owns all properties adjacent to the subject alley. If the petition is approved, the applicant plans to consolidate the lots adjacent to the alley and construct a multi-family residential structure. The proposed project will still need to meet relevant zoning requirements and will be reviewed as a separate petition. From time to time, Salt Lake City receives request to vacate public rights of way. There is a difference between a vacation and a closure. A vacation is when the city is vacating all rights to the right-of-way. A closure is when the right-of-way is closed to one public use but retains other public uses. While requests to close alleys happen occasionally, vacations are the most common type of these requests. Chapter 14.52 of the Salt Lake City Code identifies policies that should be considered in the decision and outlines a procedure for the disposition of City owned alley. Alley Vacations require City Council approval. The Planning Commission’s role in the Alley vacation process is to provide a recommendation to the City Council based on the relevant standards found in Chapter 14.52. KEY CONSIDERATIONS: The key issues listed below have been identified through the analysis of the project, neighbor and community input, and department review comments. Consideration 1: Property Owner Consent Section 14.52.030 A.1 specifies “The petition must bear the signatures of no less than eighty percent (80%) of the neighbors owning property which abuts the subject alley property.” When the application was submitted, all adjacent property owners signed the petition in support of vacating the alley. Currently, all adjacent properties are owned by the applicant, Riley Rogers. The original application and petition are included with Attachment C: Applicant Letter and Information. Consideration 2: Policy Considerations The alley vacation satisfies the policy considerations of A) Lack of Use, B) Public Safety, and C) Urban Design outlined in Section 14.52.020. This is outlined in Attachment E: Analysis of Standards. Survey of Alley PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 3 of 24 Consideration 3: Nature of the Alley Since at least July 2018 (based on the aerial photo to the right), the alley has been used as part of the parking lot for the restaurant at 1025 W North Temple and as parking for the adjacent single-family houses. While the alley appears to be used by the public as parking, there is no signage or other indications that clearly demarcate public property. Additionally, the alley ends at the property to the west and does not seem to serve any other purpose than parking for adjacent properties. Consideration 4: Future Public Uses for the Alley One issue that comes up with proposals to vacate alleys are questions about the alley serving other potentially beneficial uses in the area. For instance, alleys often serve as mid-block walkways for pedestrians as a positive urban design element. This alley runs east/west, intersecting with the adjacent north/south alley at its east-most point and dead ending at the west. As such, this alley does not connect any street to another, thus not significantly improving pedestrian accessibility. There is the potential for the subject alley to serve as vehicle access for any new development but doing so would clog up the adjacent north/south alley with vehicular traffic. By vacating the alley, vehicle traffic can be moved to Learned Avenue, allowing pedestrians to be prioritized on North Temple and on the adjacent north- south alley. Consideration 5: City Housing Goals and Housing Displacement The applicant has requested this alley vacation to redevelop the abutting properties into a medium- high-density, multi-family residential building – as called for by the North Temple Boulevard Master Plan, the City’s long-term housing goals, and the underlying TSA zoning district. The North Temple Boulevard plan speaks to increasing density in the 800 West Station Area (pg. 63). The subject alley is located within the transition area. The Master plan encourages an increase in residential density in both the core and transition portions of transit station areas. The applicant has indicated that failure to vacate the alley would increase rents and reduce density of any new development on the block (see Attachment C: Applicant Letter and Information). However, the subject alley abuts four existing single-family houses. Redeveloping the block and demolishing the existing single-family houses will displace their current residents. The applicant has not made any indication that an affordable housing component will be incorporated into the proposed project. Recent housing-related conversations with City Council members have indicated that alleviating displacement of existing housing is a priority of the city. Growing SLC, the City’s 2018-2022 Housing Master Plan, established guiding principals for the City Council when appropriating funds for housing development. Vacating an alley (even when the vacated alley is to be sold to the applicant) should be considered an appropriation of City resources. As such, principal 6 recommends that the City Council “create a net increase in affordable housing while…avoiding displacement of existing affordable housing.” Staff recommends that if the alley is vacated, the developer mitigates the housing displacement by including an affordable housing component into the future development. 7/24/2018 Aerial PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 4 of 24 DISCUSSION: The alley vacation request has been reviewed against the standards for alley vacations in Attachment E. In compliance with the applicable policies, vacating the alley aligns with the City’s urban design goals and the vacation is supported by all adjacent property owners. While the North Temple Boulevard Master Plan does not speak specifically to alley closures – or about the block in question, the proposed alley vacation and subsequent development fulfill the goals of the Master Plan by promoting increased density and promoting pedestrian traffic along North Temple. Housing displacement has been a highly discussed topic by the City Council during recent meetings. Removing the adjacent single-family houses to accommodate new development is in line with the North Temple Boulevard Plan; however, housing displacement should be considered as part of this request since vacating the alley could be considered an appropriation of City resources. With a positive recommendation, the Planning Commission should recommend the applicant work with the City Council to address displacing the residents of the existing single-family houses and to incorporate an affordable housing component into the proposed project. NEXT STEPS: Chapter 14.52 of the Salt Lake City Code regulates the disposition of City owned alleys. When evaluating requests to close or vacate public alleys, the City considers whether the continued use of the property as a public alley is in the City’s best interest. Noticed public hearings are held before both the Planning Commission and City Council to consider the potential adverse impacts created by a proposal. 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 with respect to alley vacations and closures. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 5 of 24 ATTACHMENT A: LOCATION MAP PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 6 of 24 ATTACHMENT B: PHOTOS View from the alley’s east end, looking west PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 7 of 24 View of the alley looking southwest PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 8 of 24 The property located at 1022 W Learned Avenue currently uses the alley and parking lot as its primary entrance. This is not the applicant’s long-term plan since he plans to consolidate the lots, demolish the existing structures and then construct a new multi-family building on the consolidated parcels. The property abuts the adjacent north/south alley, pictured on the following page. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 9 of 24 1022 W Learned Avenue abuts the adjacent north/south alley (shown here). If the east/west subject alley is vacated, parking egress for the property could be moved to the east property line (which follows the fence on the right side of the alley). PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 10 of 24 Rear view of the restaurant at 1025 W North Temple PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 11 of 24 ATTACHMENT C: APPLICANT LETTER & INFORMATION On the following pages are the application and project narrative provided by the applicant. The application includes the initial petition, a survey of the alley and preliminary plans of the proposed multi-family structure. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 12 of 24 PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 13 of 24 PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 14 of 24 PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 15 of 24 PL N P C M 2 02 0 -00 5 7 2 – Lear n e d Av e n u e A l l e y V a c a t i o n – De c e m b e r 2, 2 0 2 0 Pa g e 16 of 24 PL N P C M 2 02 0 -00 5 7 2 – Lear n e d Av e n u e A l l e y V a c a t i o n – De c e m b e r 2, 2 0 2 0 Pa g e 17 of 24 PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 18 of 24 ATTACHMENT D: EXISTING CONDITIONS & ZONING ADJACENT LAND USE The alley sits between commercial and single-family residential uses. All properties that are adjacent to the alley and in the immediate vicinity are zoned TSA-SP-T – Special Purpose Transit Station Transition Area. There is one property on Learned Avenue (1022 W) that uses the existing alley to access required parking. The property abuts the adjacent north/south alley, so parking access can be moved by the applicant to avoid blocking the property’s required parking. The applicant owns all properties adjacent to the alley (including the 1022 W Learned Avenue). He plans to consolidate the lots, demolish the existing structures and construct a new multi-family building if the vacation is approved. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 19 of 24 ATTACHMENT E: ANALYSIS OF STANDARDS 14.52.020: Policy Considerations for Closure, Vacation or Abandonment of City Owned Alleys: The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: Factor Finding Rationale 14.52.020: The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack of Use: The City’s legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an on-site inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way. B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity or unsafe conditions, public health problems, or blight in the surrounding area. C. Urban Design: The continuation of the alley does not serve as a positive urban design element. D. Community Purpose: The Petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. Complies The proposed alley closure is consistent with policy considerations A) Lack of Use, B) Public Safety and C) Urban Design. Functionally, this is not a public right- of-way. On initial inspection, it is not completely apparent that there is even a public alley at this location. The alley has been used as an extension of the Panda Buffet parking lot for several years. Historical aerial photos show the alley functioning as parking and a loading area for the restaurant. Because the alley is not serving a public use, vacating it would meet policy Consideration A, Lack of Use. Unlit at night, the parking lot has the potential to be unsafe for pedestrians after the restaurant’s operating hours. Vacating the alley and redeveloping the block would also address policy consideration B, Public Safety. If this proposal is approved, the applicant plans to consolidate the lots adjacent to the alley, demolish the existing buildings and construct a multi-family structure with ground floor commercial facing North Temple. Vacating the alley and consolidating the lots would also allow the applicant to push vehicular access from the alley to Learned Avenue, leaving the adjacent north/south alley available to pedestrian traffic. The applicant’s plan for the alley and adjacent lots is in line with policies laid out in the North Temple Boulevard Master Plan, specifically Policies 2 (mix of uses) and 4 (residential density) for the 800 West Station Area. Keeping the alley as-is would limit the future development’s density and increase vehicle traffic in the alley. Vacating the alley contributes to the City’s Urban Design goals, fulfilling policy consideration C, Urban Design. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 20 of 24 Salt Lake City Code, Section 14.52.030B: Processing Petitions – Public Hearing and Recommendation from the Planning Commission. Upon receipt of a complete petition, a public hearing shall be scheduled before the Planning Commission to consider the proposed disposition of the City owned alley property. Following the conclusion of the public hearing, the Planning Commission shall make a report and recommendation to the City Council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors: Factor Finding Rationale 1. The City Police Department, Fire Department, Transportation Division, and all other relevant City Departments and Divisions have no objection to the proposed disposition of the property; Complies Staff requested input from pertinent City Departments and Divisions. Comments were received from Transportation Public Utilities and Zoning which indicate no objections to the requested closure. 2. The petition meets at least one of the policy considerations stated above; Complies The proposed alley closure satisfies the Urban Design & Public Safety policy considerations of 14.52.020. See the discussion and findings on the previous page. 3. The petition must not deny sole access or required off-street parking to any adjacent property; Complies The occupants of 1022 W Learned Avenue currently uses the subject alley to access the property’s required parking in the rear. Vacating the alley would block the existing point of egress for the property. However, the property also abuts the adjacent north/south alley potentially allowing the applicant to move the lot’s parking egress to the east property line that abuts the north/south alley right-of-way. 4. The petition will not result in any property being landlocked; Complies No properties would be rendered landlocked by this proposal. 5. The disposition of the alley property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses; Mixed The applicant is requesting this alley vacation to allow consolidation of the lots it abuts for the construction of a multi-family residential building with some commercial uses along North Temple. The North Temple Boulevard Master Plan calls for additional density (Policy #4, 800 West Station Area Plan, pg. 63) and for a greater mix of uses (Policy #2, 800 West Station Area Plan, pg. 59) in this area. While the proposal may meet some goals of the North Temple Boulevard Plan, Growing SLC, the City’s 5-year housing plan, requires City Council to avoid displacement of existing housing. Removing them would displace the current residents and the existing units. Requiring the applicant to establish some PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 21 of 24 5. (continued) affordable units in the proposed development could alleviate some of the potential displacement. This should be included as a condition of approval with the Planning Commission’s recommendation. 6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building permit; Complies There are no plans by the applicant (owner of all abutting properties) to construct a garage for any of the single-family houses or for the restaurant. 7. The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it; and Complies The applicant is requesting closure of the entire east/west alley. The adjacent north/south alley will remain intact. 8. The alley is not necessary for actual or potential rear access to residences or for accessory uses. Complies As discussed under item 3, 1022 W Learned avenue currently uses the subject east/west alley for required parking egress. However, the lot also abuts the adjacent north/south alley and parking egress can be moved to the lot’s east property line. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 22 of 24 ATTACHMENT F: PUBLIC PROCESS AND COMMENTS Public Notice, Meetings, Comments The following is a list of public input opportunities related to the proposed alley vacation: • Notice of the project and request for comments was sent to the Fairpark and Poplar Grove Community Council Chairs on September 14, 2020, in order to solicit comments. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site on September 15, 2020 providing notice about the online open house for the project and information on how to give public input. • An online open house for the proposed alley vacation was posted on the Planning Division’s website on September 14, 2020. • The 45-day recognized organization comment period expired on October 30, 2020. Notice of the public hearing for the proposal included: • Public hearing notice mailed: November 19, 2020 • Public hearing notice sign posted near the subject alley: November 23, 2020 • Public notice posted on City and State websites & Planning Division listserv: November 19, 2020 Public Input: Neither the Fairpark nor the Poplar Grove Community Council Chairs asked staff to present the proposed alley vacation at their meetings. Staff received one public comment email expressing support for the proposal, which is attached. PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 23 of 24 PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 24 of 24 ATTACHMENT G: DEPARTMENT REVIEW COMMENTS The following comments from other reviewing departments were submitted in relation to the proposal: Public Utilities – Jason Draper Public Utilities has no objection to this portion of the alley being vacated Engineering – Scott Weiler From Matt Cassel: I would not be opposed to this vacation as long as they provide an additional affordable housing unit. Transportation – Michael Barry No objections to the proposal. Fire – Douglas Bateman No comments Zoning – Greg Mikolash No zoning related issues associated with this proposed alley vacation. Building – Greg Mikolash Motion Sheet for Learned Avenue Alley Vacation Petition Number PLNPCM2020-00572 Staff Recommended Motion: Motion to recommend approval with the condition listed in staff report: Based on the findings and analysis in the staff report, the policy considerations for alley vacation, and the input received, I move that the Planning Commission forward a positive recommendation to the City Council for the alley vacation proposed in PLNPCM2020-00572 with the conditions listed in the staff report. Alternate Motions: Motion to recommend approval with conditions modified by the Planning Commission: Based on the findings and analysis in the staff report, the policy considerations for alley vacation, and the input received I move that the Planning Commission forward a positive recommendation to the City Council for the alley vacation proposed in PLNPCM2020-00268 with the following condition(s): 1. List the conditions that are to be modified or added. Motion to recommend denial Based on the findings and analysis in the staff report, the policy considerations for street closure and alley vacation, and the input received I move that the Planning Commission forward a negative recommendation to the City Council for the alley vacation proposed in PLNPCM2020-00572, due to the proposal not complying with the following standards: (The Planning Commission shall make findings on the applicable standards and specifically state which standard or standards are not being complied with. Please see Attachment E in the staff report for applicable standards.) 3. PLANNING COMMISSION C. Agenda/Minutes December 2, 2020 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA This meeting will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation December 2, 2020, at 5:30 p.m. (The order of the items may change at the Commission’s discretion) This Meeting will not have an anchor location at the City and County Building. Commission Members will connect remotely. We want to make sure everyone interested in the Planning Commission meetings can still access the meetings how they feel most comfortable. If you are interested in watching the Planning Commission meetings, they are available on the following platforms: • YouTube: www.youtube.com/slclivemeetings • SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating during the Public Hearing portion of the meeting or provide general comments, email; planning.comments@slcgov.com or connect with us on Webex at: • http://tiny.cc/slc-pc-12022020 Instructions for using Webex will be provided on our website at SLC.GOV/Planning PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR PUBLIC HEARINGS 1. Izzy South Design Review/Special Exception at approximately 534 East 2100 South - A request by Ryan McMullen for Design Review and Special Exception approval to develop a 71-unit mixed use building located at approximately 534 East 2100 South in the Community Business CB zoning district. The applicant is requesting Design Review approval because the project is over 15,000 square feet in size and Special Exception approval to allow 3' of additional building height. The project is located within Council District 7, represented by Amy Fowler (Staff contact: Caitlyn Miller at (385) 315- 8115 or caitlyn.miller@slcgov.com) Case numbers PLNPCM2020-00222 & PLNPCM2020- 00655 (Tabled from 9/23 Planning Commission meeting) 2. Kozo House Design Review at approximately 157, 175 North 600 West, and 613, 621, 625, 633 West 200 North - A request by David Clayton for Design Review approval to develop a 319-unit mixed use building on six parcels located at 157 North 600 West, 175 North 600 West, 613 West 200 North, 621 West 200 North, 625 West 200 North, and 633 West 200 North. These properties are located in the TSAUC-T Zoning District. The applicant is requesting Design Review approval to allow the proposed building to exceed the maximum street facing façade length and to modify the spacing of building entrances. The project is located within Council District 3, represented by Chris Wharton (Staff contact: Caitlyn Miller at (385) 315- 8115 or caitlyn.miller@slcgov.com) Case number PLNPCM2020-00258 (Tabled from 10/14 Planning Commission meeting) 3. Learned Ave Alley Vacation at approximately 1025 West North Temple - A request from Jarod Hall of Di’velept Design, representing the owner of surrounding properties, Riley Rogers, to vacate the public alley adjacent to the rear property line of 1025 West North Temple that runs mid-block from east to west. The subject alley is surrounded by the TSA-SP-T (Special Purpose Transit Station, Transition Area) zoning district and is located within Council District #2, represented by Andrew Johnston (Staff contact: Aaron Barlow at (385) 386-2764 or aaron.barlow@slcgov.com) Case number PLNPCM2020-00572 4. Greenprint Gateway Apartments Planned Development and Design Review at approximately 592 West 200 South - Mark Eddy of OZ7 Opportunity Fund, has requested Planned Development and Design Review approval for the Greenprint Gateway Apartments to be located on three (3) contiguous parcels located at 592 W 200 S, 568 W 200 S and 161 S 600 W respectively. The proposal is for a 150-unit apartment building on a 0.59 acre (26,000 square feet) consolidated parcel. The proposed building will be six stories in height and will be approximately 70-feet tall to the top of the building’s parapet. The apartments will be a mix of micro and studio apartments. The properties are located in the G-MU Gateway-Mixed Use zoning district. The G-MU zoning district requires Planned Development approval for all new principal buildings and uses. In addition, Design Review approval has been requested to address some design aspects of the building including material choices and maximum length of a section of blank wall space on the west façade of the building. The proposal is located within Council District 4, represented by Ana Valdemoros. (Staff contact: David J. Gellner at (801) 535-6107 or david.gellner@slcgov.com) Case number PLNPCM2020-00493 & PLNPCM2020-00749 5. Rezone at approximately 860 & 868 East 3rd Avenue - Remarc Investments, representing the property owner, is requesting a Zoning Map Amendment from CN (Neighborhood Commercial) and SR-1A (Special Development Pattern Residential) to R-MU-35 (Residential/Mixed Use) at the above- listed addresses. The applicant would like to rezone the properties to allow a multi-family development on the lots, however the request is not tied to a development proposal. The properties are located within the Avenues Local Historic District and any future demolition or new construction must be approved by the Historic Landmark Commission. Although the applicant has requested that the property be rezoned to R-MU-35, consideration may be given to another zoning district with similar characteristics. The property is located within Council District 3, represented by Chris Wharton. (Staff contact: Mayara Lima at (385) 377-7570 or mayara.lima@slcgov.com) Case number PLNPCM2020- 00703 For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public- meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. Salt Lake City Planning Commission December 2, 2020 Page 1 SALT LAKE CITY PLANNING COMMISSION MEETING This meeting was held electronically pursuant to the Salt Lake City Emergency Proclamation Wednesday, December 2, 2020 A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:30:15 PM. Audio recordings of the Planning Commission meetings are retained for a period of time. Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice-Chairperson, Amy Barry; Commissioners Andres Paredes, Carolynn Hoskins, Maurine Bachman, Matt Lyon, Adrienne Bell, Jon Lee, and Sara Urquhart. Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne Mills, Planning Manager; Paul Nielson, Attorney; Caitlyn Miller, Principal Planner; Aaron Barlow, Principal Planner; David Gellner, Principal Planner; Mayara Lima, Principal Planner; and Marlene Rankins, Administrative Secretary. Chairperson Brenda Scheer read the Salt Lake City Emergency declaration. REPORT OF THE CHAIR AND VICE CHAIR 5:31:53 PM Chairperson Scheer stated she had nothing to report. Vice Chairperson Barry stated she had nothing to report. REPORT OF THE DIRECTOR 5:32:04 PM Nick Norris, Planning Director, stated he had nothing to report. 5:32:30 PM Izzy South Design Review/Special Exception at approximately 534 East 2100 South - A request by Ryan McMullen for Design Review and Special Exception approval to develop a 71-unit mixed use building located at approximately 534 East 2100 South in the Community Business CB zoning district. The applicant is requesting Design Review approval because the project is over 15,000 square feet in size and Special Exception approval to allow 3' of additional building height. The project is located within Council District 7, represented by Amy Fowler (Staff contact: Caitlyn Miller at (385) 315- 8115 or caitlyn.miller@slcgov.com) Case numbers PLNPCM2020-00222 & PLNPCM2020-00655 (Tabled from 9/23 Planning Commission meeting) Caitlyn Miller, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case file). She stated Staff recommended that the Planning Commission approve the request. Justin Heppler, applicant, provided a presentation with further details. PUBLIC HEARING 5:47:29 PM Chairperson Scheer opened the Public Hearing; Caitlin Lutsch, Liberty Wells Community Council – Stated her support of the request and that the community was mostly supportive of the project except for the few concerns previously mentioned at the September 23, 2020 Planning Commission Meeting. Salt Lake City Planning Commission December 2, 2020 Page 4 MOTION 7:39:23 PM Commissioner Barry stated, based on the analysis and findings listed in the staff report, information presented, and the input received during the public hearing, I move that the Planning Commission approve the Design Review request including modifications to the maximum distance between building entrances, maximum length of a blank wall, and maximum length of a street-facing façade (PLNPCM2020-00258) for the Kozo House Apartments project located at approximately 175 North 600 West. This recommendation is based on the conditions of approval listed in the staff report. With the added condition: #9 – That a traffic study be conducted with Transportation; specifically looking at the circulation of the increased traffic load and the pedestrian safety regarding the intersection on 200 North and 600 West. Final details regarding these conditions of approval are delegated to planning staff. Commissioner Lee seconded the motion. Commissioners Bachman, Barry, Hoskins, Lee, Lyon, and Urquhart voted “Aye”. Commissioner Paredes voted “Nay”. The motion passed 6-1. 7:44:28 PM Learned Ave Alley Vacation at approximately 1025 West North Temple - A request from Jarod Hall of Di’velept Design, representing the owner of surrounding properties, Riley Rogers, to vacate the public alley adjacent to the rear property line of 1025 West North Temple that runs mid-block from east to west. The subject alley is surrounded by the TSA-SP-T (Special Purpose Transit Station, Transition Area) zoning district and is located within Council District #2, represented by Andrew Johnston (Staff contact: Aaron Barlow at (385) 386-2764 or aaron.barlow@slcgov.com) Case number PLNPCM2020-00572 Aaron Barlow, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case file). He stated Staff recommended that the Planning Commission forward a position recommendation to the City Council with the conditions listed in the staff report. The Commission and Staff discussed the following: • Clarification if the surrounding properties have access to their required parking from the alley • Clarification on whether the Commission can condition alley vacations for affordable housing Jarod Hall, applicant, provided further information. PUBLIC HEARING 7:55:47 PM Chairperson Scheer opened the Public Hearing; Antonio Fiero – Asked whether there the nearby restaurants would be closed down and whether the apartments will be affordable. Seeing no one else wished to speak; Chairperson Scheer closed the Public Hearing. The applicant addressed the public’s questions. MOTION 7:58:22 PM Commissioner Bachman stated, based on the findings and analysis in the staff report, the policy considerations for alley vacation, and the input received, I move that the Planning Commission Salt Lake City Planning Commission December 2, 2020 Page 5 forward a positive recommendation to the City Council for the alley vacation proposed in PLNPCM2020-00572 with the conditions listed in the staff report. Commissioner Hoskins seconded the motion. Commissioner Lyon asked to make a friendly amendment; to add a condition that the City Council also explore adding affordable housing. Commissioner Bachman accepted the amendment. Commissioners Bachman, Barry, Bell, Hoskins, Lee, Lyon, and Paredes voted “Aye”. Commissioner Urquhart voted “Nay”. The motion passed 7-1. The Commission took a 5-minute break. 8:01:22 PM Greenprint Gateway Apartments Planned Development and Design Review at approximately 592 West 200 South - Mark Eddy of OZ7 Opportunity Fund, has requested Planned Development and Design Review approval for the Greenprint Gateway Apartments to be located on three (3) contiguous parcels located at 592 W 200 S, 568 W 200 S and 161 S 600 W respectively. The proposal is for a 150- unit apartment building on a 0.59 acre (26,000 square feet) consolidated parcel. The proposed building will be six stories in height and will be approximately 70-feet tall to the top of the building’s parapet. The apartments will be a mix of micro and studio apartments. The properties are located in the G-MU Gateway-Mixed Use zoning district. The G-MU zoning district requires Planned Development approval for all new principal buildings and uses. In addition, Design Review approval has been requested to address some design aspects of the building including material choices and maximum length of a section of blank wall space on the west façade of the building. The proposal is located within Council District 4, represented by Ana Valdemoros. (Staff contact: David J. Gellner at (801) 535-6107 or david.gellner@slcgov.com) Case number PLNPCM2020-00493 & PLNPCM2020-00749 David Gellner, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case file). He stated Staff recommended that the Planning Commission approve the request with the conditions listed in the staff report. The Commission and Staff discussed the following: •Clarification on the staff recommendations Mark Eddy, applicant, provided further details and was available for questions. The Commission, Staff and Applicant discussed the following: •Clarification on the West elevation of the building and small size of windows •Discussion of the interior floor plan design and type of units •Design of the building and lack of cornices •Landscaping plan, required buffers and fence/gate PUBLIC HEARING 8:25:54 PM Chairperson Scheer opened the Public Hearing; seeing no one wished to speak; Chairperson Scheer closed the Public Hearing. The Commission, Staff and Applicant discussed the following: •Clarification on whether the units are market rate •Proposed materials 4. MAILING LIST (generated 01/19/2021) RECIPIENT ADDRESS CITY STATE ZIP DIVISION OF FACILITIES CONSTRUCTION & MGMT 450 N STATE ST # 4110    SALT LAKE CITY UT 84114 LUSSO APARTMENTS, LLC 7103 S REDWOOD RD        WEST JORDAN UT 84084 LUSSO APARTMENTS, LLC 4726 W PALMER DR         WEST VALLEY UT 84120 LUSSO APARTMENTS, LLC 1022 W LEARNED AVE       SALT LAKE CITY UT 84116 MOHAMMAD M TABATABAEE 2532 PINE LAKE RD        TUCKER GA 30084 LUSSO APARTMENTS, LLC 57 N 1000 W              SALT LAKE CITY UT 84116 LUSSO APARTMENTS, LLC 1032 W LEARNED AVE       SALT LAKE CITY UT 84116 SALT LAKE CITY PO BOX 145515            SALT LAKE CITY UT 84114 E FAM TR 2852 LANCE CIRCLE        HEBER CITY UT 84032 SALT LAKE CITY PO BOX 145515            SALT LAKE CITY UT 84114 LUSSO APARTMENTS, LLC 7103 S REDWOOD RD        WEST JORDAN UT 84084 ESPLANADE APARTMENTS LLC 1031 W LEARNED AVE       SALT LAKE CITY UT 84116 ESPLANADE APARTMENTS LLC 1023 W LEARNED AVE       SALT LAKE CITY UT 84116 ESPLANADE APARTMENTS, LLC 19 N 1000 W              SALT LAKE CITY UT 84116 KEPPEL ONE, LLC; DIANE NIELSON 1770 FAIRLEAD AVE        CARLSBAD CA 92011 FAIRPARK COMMERICAL CONDOMINIUMS OWNERS ASSOC. 6382 SHENANDOAH PARK AVE MURRAY UT 84121 LI TANG WU 104 E 6980 S             MIDVALE UT 84047 QCSIF THREE, LLC 300 DELAWARE AVE # 210   WILMINGTON DE 19801 SALT LAKE CITY PO BOX 145515            SALT LAKE CITY UT 84114 KAZUKO TERASAWA (JT) 822 W SIMONDI AVE        SALT LAKE CITY UT 84116 CAROLYN A HOWELL 48 N 1000 W              SALT LAKE CITY UT 84116 SALT LAKE CITY PO BOX 145460            SALT LAKE CITY UT 84114 REITA T LEE 69 N CHICAGO ST          SALT LAKE CITY UT 84116 KEVIN LEO 645 S GRAND ST           SALT LAKE CITY UT 84102 J ERIK RUSSON 51 N CHICAGO ST          SALT LAKE CITY UT 84116 AMANDA PATE; AARON J PATE (JT) 41 N CHICAGO ST          SALT LAKE CITY UT 84116 SALT LAKE CITY PO BOX 145460            SALT LAKE CITY UT 84114 CARLOS ALVAREZ 44 N 1000 W              SALT LAKE CITY UT 84116 JERRY G SNYDER 1234 E 4130 S            SALT LAKE CITY UT 84124 DANIEL POSILOVICH 1743 S DOUGLASS RD STE D ANAHEIM CA 92806 GEORGE G LEYBA; JOSIE LEYBA (JT) 1839 W NEW YORK DR       SALT LAKE CITY UT 84116 Current Occupant 155 N 1000 W Salt Lake City UT 84116 Current Occupant 1051 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1030 W LEARNED AVE Salt Lake City UT 84116 Current Occupant 1028 W LEARNED AVE Salt Lake City UT 84116 Current Occupant 65 N 1000 W Salt Lake City UT 84116 Current Occupant 63 N 1000 W Salt Lake City UT 84116 Current Occupant 1015 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1011 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1023 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1025 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1033 W LEARNED AVE Salt Lake City UT 84116 Current Occupant 1065 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1055 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 1055 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 114 N 1000 W Salt Lake City UT 84116 Current Occupant 960 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 962 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 52 N 1000 W Salt Lake City UT 84116 Current Occupant 28 N 1000 W Salt Lake City UT 84116 Current Occupant 59 N CHICAGO ST Salt Lake City UT 84116 Current Occupant 45 N CHICAGO ST Salt Lake City UT 84116 Current Occupant 9 N CHICAGO ST Salt Lake City UT 84116 Current Occupant 57 N CHICAGO ST Salt Lake City UT 84116 Current Occupant 62 N 1000 W Salt Lake City UT 84116 Current Occupant 963 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 975 W NORTH TEMPLE ST Salt Lake City UT 84116 Current Occupant 973 W NORTH TEMPLE ST Salt Lake City UT 84116 Item H2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 WWW.COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer, Policy Analyst DATE:May 18, 2021 RE: Fern Subdivision Alley Vacation PLNPCM2018-00468 MOTION 1 – (close and defer action) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 2 – (continue the public hearing) I move that the Council continue the public hearing to a future Council meeting. 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:May 18, 2021 RE: Fern Subdivision Alley Vacation PLNPCM2018-00468 BRIEFING UPDATE At the April 6 Council briefing, a Council Member asked for clarification of the utility easement location. Planning staff stated the easement is on the eastern north-south alley segment. The following information was provided for the April 6, 2021 Council briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a City-owned alley known as the Fern Subdivision Alley located between 1000 East and 1100 East and between Wood Avenue and Logan Avenue in City Council District Five. The east-west portion of the alley runs behind eight homes between 1019 East (applicant’s home) and 1053 East Logan Avenue. Segments of the alley run north-south adjacent to homes at 1019 East and 1053 East Logan Avenue as shown in the image below. The north-south segments are approximately 126’ long and ten feet wide. The east-west segment is approximately 336’ long and seven feet wide. It should be noted the alley segment between homes at 1595 and 1597 South 1000 East was vacated in 2000 and is not part of this request. The applicant originally wanted to vacate just the alley segment adjacent to her property, but during departmental review vacation of the entire alley was recommended due to lack of use and multiple encroachments into the alley. This also follows the City policy to vacate an entire alley rather than a Item Schedule: Briefing: April 6, 2021 Set Date: April 6, 2021 Public Hearing: May 18, 2021 Potential Action: June 1, 2021 Page | 2 segment. This alley exists on the subdivision plat recorded in 1906, but there is no evidence it was ever used as an alley or it physically exists. Encroachments into the alley space make it impassable. City Real Estate Services notified the applicant half of her driveway is the City owned alley which prompted this alley vacation request. The Planning Commission sent a unanimous positive recommendation to vacate the alley to the City Council. Aerial view with the subject alley highlighted in yellow. Alley segment highlighted in red was vacated in 2000. Parcels at 1597 and 1615 South 1000 East and within the yellow highlighted alley are eligible to receive vacated alley property. Abutting parcels with diagonal lines are not eligible to receive alley property as they are outside the subdivision. Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTION 1. Does the Council agree with the Planning Commission’s recommendation on this alley closure request? ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 6 - 7 below). Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. The Planning Commission staff report provides information relating to the following four key considerations related to this alley vacation. A short description of each issue is provided below for Page | 3 reference. Please see pages 19-21 of the Administration’s transmittal for full analysis of these issues. 1. Property Owner Consent Section 14.52.030 A.1 states “The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property.” A total of 19 properties abut the subject alley and 17 of those property owners signed the petition, totaling 89% of owners. The two owners who did not sign the petition to vacate the alley have not submitted or voiced concern as of the writing of this report. 2.Creation/History of the Alley and Disposition if Vacated The subject alley is included in the Fern Subdivision plat recorded in 1906 and listed as a public alley. Abutting properties in the Fern Subdivision plat are 1597 and 1615 South 1000 East and the eight properties between the north-south segments of the alley from 1019 through 1053 East Logan Avenue. Adjacent parcels to the north and the property at 1059 East Logan Avenue are outside the Fern Subdivision plat. According to the Salt Lake City Attorney’s Office interpretation of City code, when alleys dedicated as part of a subdivision are vacated, they must be conveyed to abutting property owners within that subdivision. Utah court case law supports this position. As such, adjacent property owners on Wood Avenue and at 1059 East Logan Avenue would not receive a portion of the alley if the Council votes to vacate the alley. If the alley vacation is approved by the Council, encroachments into the alley from abutting properties outside the Fern Subdivision will need to be negotiated with abutting owners within the subdivision to split the alley property between them or convey it to the other party in whole or in part. This would be a private transaction between the parties and the City would not be involved. 3.Condition of the Alley Properties abutting the north-south segments at both the east and west ends use the alley for their driveways. A portion of the house at 1059 East Logan Avenue appears to be encroaching on the alley. In addition, the east-west alley segment appears to have been incorporated into most properties adjacent to the north. Fences and accessory structures, including garages, are encroaching into the alley. 4.Future Public Uses of the Alley Potential to use alleys for pedestrians, cyclists or other beneficial uses is considered in alley vacation requests. The Fern Subdivision is in the Central Community Master Plan. The future land use map designates this area as Low Density Residential. The area is identified as the East Central South Neighborhood and the plan calls for preserving the low-density residential uses. Logan Avenue and Wood Avenue are parallel to the subject alley and have existing sidewalks on both sides of the street. There is no mid-block public right of way between the streets. It is Planning staff’s opinion the alley is not necessary to create an alternative trail to connect 1000 East and 1100 East or Logan Avenue to Wood Avenue. Because the east-west segment is only seven feet wide, it would not meet City Engineering standards for full vehicular access and would only be considered for pedestrian or trail access if it physically existed. The subject alley is located in an established residential neighborhood comprised of single-family Page | 4 homes. The Central Community Master Plan does not identify changes to this composition and Planning staff states the area is unlikely to change significantly over time. Because of numerous encroachments along the alley, any alternative use would require enforcing upon property owners to remove structures, fences, or landscaping covering the alley property. Attachment E of the Administration’s transmittal (pages 37 - 38) is an analysis of factors City Code requires the Planning Commission to consider for alley vacations (Section 14.52.030 B Salt Lake City Code). In addition to the information above, the other factors are summarized below. For the complete analysis, please refer to the transmittal. •City Code required analysis: The City Police Department, Fire Department, Transportation Division and all other relevant City departments and divisions have no reasonable objection to the proposed disposition of the property. Finding: Complies with conditions. City Public Utilities noted there is a sewer lateral for 1059 East Logan Avenue is in the alley right of way. If the Council votes to vacate the alley, Public Utilities’ recommendation is to either transfer ownership of that section of the alley to that property owner or include an easement. Because the property at 1059 East Logan Avenue is outside the Fern Subdivision, ownership cannot be conveyed to the owner. The Salt Lake City Surveyor noted there is no functioning alley at this location and recommended vacating the property and incorporating it into adjacent parcels. A legal description of the property written by a licensed surveyor is required. All other responding divisions found no issues with the proposal or provided no comments. •City Code required analysis: The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). Finding: Complies. Planning staff determined the proposed alley closure satisfies the Lack of Use policy consideration for the petition to be processed. •City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. No abutting parcels appear to use the alley to access off-street parking with the exception of 1019 East and 1053 East Logan Avenue and 1615 South 1000 East. These would continue to use the north-south segments if the Council vacates the alley and the property is conveyed to those property owners. •City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. No properties would be landlocked as a result of the alley vacation. •City Code required analysis: The disposition of the alley property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses. Finding: Complies. The petitioner requests closure of the alley to come into compliance with City Real Estate Services. Disposition for low density residential areas is to vacate the alley to properties adjacent to it and within the same subdivision. Properties north of the alley are not in the same subdivision. If the Council adopts the alley vacation alley property would be given to properties facing Logan Avenue, 1615 South 1000 East and 1597 South 1000 East and incorporated into their backyards. The applicant and the Page | 5 property owner at 1615 South 1000 East will need to come to an agreement to address off-street parking through a private arrangement. The Central Community Master Plan does not include any policy that would oppose vacating the alley. •City Code required analysis: No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building permit. Finding: Complies. No abutting property objected to vacating the alley as of the writing of this report. No applications for a building permit have been submitted. •City Code required analysis: The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it. Finding: Complies. The applicant is requesting to vacate the entire alley. •City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. The alley is not used for functional access to backyards of abutting properties and no owners indicated access is necessary for that purpose with the exception of the applicant and the owner of 1615 South 1000 East and 1053 East Logan Avenue as discussed above. PUBLIC PROCESS Notice of the project and a request for comments were sent to the Sugar House Community Council Chair July 18, 2018. Planning staff did not receive any comments from the Sugar House Community Council. Planning staff held an open house October 18, 2018. The owner of 1026 East Wood Avenue (outside the Fern Subdivision) expressed concern about whether an accessory building was in the alley right-of-way. (See comment card on page 40 of the Administration’s transmittal.) A Planning Commission public hearing notice was mailed to property owners within 300 feet of the alley and a public hearing notice was posted on the property May 31, 2019. Notice of the public hearing was posted to City and State websites June 1, 2019. The Planning Commission held a public hearing at its June 12, 2019 meeting. One property owner adjacent to the alley spoke at the hearing supporting the alley closure. The Planning Commission voted unanimously to send a favorable recommendation to the City Council. ALLEY DISPOSITION PROCESS In order for the City to dispose of its interest in an alley, it must be demonstrated at least one of the following criteria is satisfied: A.Lack of Use-it is evident from an on-site inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way. B.Public Safety-existence of the alley substantially contributes to crime, unlawful activity or unsafe conditions, public health problems, or blight in the surrounding area. C.Urban Design-Continuation of the alley does not serve as a positive urban design element. D.Community Purpose-Petitioners propose to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. The applicant cited Lack of Use and Public Safety as considerations for the alley closure. Planning staff found the proposed alley closure complies with the Lack of Use consideration. However, they stated the Public Safety consideration was not evident from an on-site inspection. This consideration was found to be Page | 6 questionable since the alley has been closed off for many years and no additional information was provided by the applicant to support the argument. The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS: The city supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with regard to city owned alleys, subject to the substantive and procedural requirements set forth herein. 14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF CITY OWNED ALLEYS: The city will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack Of Use: The city's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an onsite inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right of way; B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, unsafe conditions, public health problems, or blight in the surrounding area; C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. (Ord. 24-02 § 1, 2002) 14.52.030: PROCESSING PETITIONS: There will be three (3) phases for processing petitions to dispose of city owned alleys under this section. Those phases include an administrative determination of completeness; a public hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council. A. Administrative Determination Of Completeness: The city administration will determine whether or not the petition is complete according to the following requirements: 1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property; 2. The petition must identify which policy considerations discussed above support the petition; 3. The petition must affirm that written notice has been given to all owners of property located in the block or blocks within which the subject alley property is located; 4. A signed statement that the applicant has met with and explained the proposal to the appropriate community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this code; and Page | 7 5. The appropriate city processing fee shown on the Salt Lake City consolidated fee schedule has been paid. B. Public Hearing and Recommendation From The Planning Commission: Upon receipt of a complete petition, a public hearing shall be scheduled before the planning commission to consider the proposed disposition of the city owned alley property. Following the conclusion of the public hearing, the planning commission shall make a report and recommendation to the city council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors: 1. The city police department, fire department, transportation division, and all other relevant city departments and divisions have no reasonable objection to the proposed disposition of the property; 2. The petition meets at least one of the policy considerations stated above; 3. Granting the petition will not deny sole access or required off street parking to any property adjacent to the alley; 4. Granting the petition will not result in any property being landlocked; 5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the policies of the city, including applicable master plans and other adopted statements of policy which address, but which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses; 6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within twelve (12) months of issuance of the building permit; 7. The petition furthers the city preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the planning commission, the city council will consider the proposed petition for disposition of the subject alley property. After a public hearing to consider the matter, the city council will make a decision on the proposed petition based upon the factors identified above. (Ord. 58-13, 2013: Ord. 24-11, 2011) 14.52.040: METHOD OF DISPOSITION: If the city council grants the petition, the city owned alley property will be disposed of as follows: A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density residential use, the alley will merely be vacated. For the purposes of this section, "low density residential use" shall mean properties which are zoned for single-family, duplex or twin home residential uses. B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties which are zoned for high density residential use or other nonresidential uses, the alley will be closed and abandoned, subject to payment to the city of the fair market value of that alley property, based upon the value added to the abutting properties. Page | 8 C. Mixed Zoning: If an alley abuts both low density residential properties and either high density residential properties or nonresidential properties, those portions which abut the low density residential properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. (Ord. 24-02 § 1, 2002) 14.52.050: PETITION FOR REVIEW: Any party aggrieved by the decision of the city council as to the disposition of city owned alley property may file a petition for review of that decision within thirty (30) days after the city council's decision becomes final, in the 3rd district court. JACQUELINE M . BISKUPSKI Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Marcia L. White Director CITY COUNCIL TRANSMITTAL TO: Salt Lake City Council Charlie Luke, Chair Date Received: 1/d-r:ffxa-~ ~1 Date sent to Council:~ i; ~1 DATE:Qc-h>bei.. r f Jo (C{ FROM: Jennifer McGrath, Department of Community & Neighborhoods, Deputy Director t s PLNPCM2018-00468-Fern Subdivision Alley Vacation STAFF CONTACT: Anna Anglin, Principal Planner, anna.anglin@slcgov.com (801) 535- 6050 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the ordinance to vacate the Fern Subdivision alley, as recommended by the Planning Commission. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: Kathleen Bratcher, a property owner residing at 1019 East Logan Ave. has initiated a petition to vacate an alley known as the Fern Subdivision Alley to the west and north of her property. The alley runs north along the western portion of the applicant's property line for approximately 126'. Then runs 336' east to the eastern edge of 1053 E. Logan A venue. Then runs south between 1053 E. and 1059 E. Logan Ave. 126'. The alley is recorded on the Fern Subdivision plat. The alley is adjacent to 1059 E Logan A venue and property to the north fronting on Wood A venue neither of which are part of this subdivision. The petitioner originally asked that just the alley adjacent to her property be vacated, however, when the application went through departmental review, it was recommended the entire alley be vacated due to lack of use and multiple encroachments on the alley. Vacating the entire alley follows the city preference for disposing of an entire alley. Because the application was changed to vacate the entire alley by the City, if approved by the City Council, the City will provide the property description for the alley. In addition, the City installed a sewer main for 1059 East Logan Avenue in the east arm of the alley. To allow access to the sewer, the City will write an easement for it to remain when ownership is transferred to the abutting property at 1053 East Logan Avenue. SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 P .O. BOX 145487, SALT LAKE CITY , UTAH 84114-5487 WWW.SLC .GOV TEL 801 .535 .7712 FAX 801 .535 .6269 The petition bears the signatures of over 80% of the propetiy owners as required by Section 14.52.030 A.1 of City Ordinance and meets the Policy Considerations for Closure, Vacation, or Abandonment of City Owned Alleys: (14.52.020) of the Salt Lake City Ordinance due to lack of use. The platted alley is not used as an alley and there is no sign that it physically exists. Encroachments into the space make it impassable. In addition, Plamting Cmmnission found that the petition meets the eight (8) factors found in Section 14.52.030B: Processing Petitions -Public Hearing and Recommenda tion.fi-om the Planning Commission. PUBLIC PROCESS: • Notice of petition was sent to the Sugar House Community Council on July 18 , 2018. No comments were received. • Planning Division Open House held on October 18, 2018. Notice sent to all residents and property owners within 300' of the alley. • Planning Commission Public Hearing held on June 12,2019. RELEVANT ORDINANCES: 14.52.020: Policy Considerations for Closure, VACATION or Abandonment of City Owned Alleys: The City will not consider di sposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: A. Lack ofUse: The City's legal interest in the propetiy appears of record or is reflected on an applicable plat; however, it is evident from an on-site inspection that the alley Page 12 does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way. B. Public Safety: The existence of the alley is sub stantially contributing to crime, unlawful activity or unsafe conditions, public health probl ems, or blight in the sunounding area. C. Urban Design: The continuation of the alley does not serve as a po siti ve urban design element. D . Community Purpo se: The Petitioners are proposing to r estrict the general public from use of the alley in favor of a community u se, such as a neighborhood play area or garden. Salt Lake City Code, Section 14.52.030B: Processing Petitions -Public Hearing and Recommendation from the Planning Commission. B. Public Hearing And Recommendation From The Platming Cotmnissi on: Upon receipt of a complete petition, a public hearing sh all be scheduled before the platming commission to consider the proposed di sposition of the city owned alley propetiy. Following the conclusion of the public hearing, the planning cotmniss ion shall make a report and recommendation to the city council on the proposed di sposition of the subject all ey propetiy. A positive recommendation should include an analysi s of the following factors : 1. The city police dep artment, fire department, transportation division, and all other relev ant city departrnent s and di v isions have no reasonable objection to the proposed disposition of the propetiy; 2. The p e tition meets at least one of the policy considerations s tated above; 3 . Granting the petition will not deny so le access or required off street parking to any property adjacent to the alley; 4. Granting the petiti on wi ll not r esult in an y property being landlocked; 5. Granting the petition will not result in a use of the all ey propetiy which is otherwise contrary to the policies of the city, including applicable master plans and other adopted s tatements of policy which address, but which are not limited to, mid-bl ock walkways , pedestrian paths , trails, and altemative tran sp ortation u ses; 6. No opposing abutting propetiy owner intend s to build a garage requiring a ccess from the property, or has made application for a building p ennit, or if such a Page 13 pem1it has been issued, construction has been completed within twel ve (12) months of issuance of the building permit; 7. The petition furthers the city preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses. These policies were evaluated in the Planning Commission staff repmt and considered by the Pla~ming Commission (see Attachment E of the staff report) and forwarded a positive recommendation to City Council. EXHIBITS: 1. 2. 3. 4 . 5. Page 14 Project Chronology Notice of City Council Hearing Planning Commission-June 12, 2019 Public Hea~·ing A. Hearing Notice and News Paper Notice B. StaffRepmt C. Agenda and Minutes Original Petition Mailing List SALT LAKE CITY ORDINANCE No. of20 19 (Vacating a city-owned a ll ey a bu tting properties located at 1597 and 1615 South 1000 East Street and between 1019 and 1053 East Logan Avenue) An ordinan ce vacating a n unnamed city-owned a ll ey abutting properties located at 1597 and 1615 So uth 1000 East Street and between 1019 and 105 3 East Logan A venue, pursuant to Petition No. PLNPCM20 18-00468. WHEREAS, the Salt Lake City P lanning Commission held a public hearing on June 12 , 20 19 to consider a request made by Kathleen Bratc her , who owns property at 1019 East Logan A ve nue ("Applicant") (Petit ion No. PLNPCM20 18-00468) on behal f herself and other property owners to vacate an unnamed city-owned a ll ey; and WHEREAS , at its June 12 , 2019 hearing, the planning commission vo ted in favor of forwar ding a positi ve recommendation on said petition to the Salt Lake City Council; and WHEREAS, the all ey in question appears on the Fern Subdivision plat recorded February 19, 1907 , but there is no evidence that the a lle y has ever been improved or used as an alley; and WHEREAS, although several other lots ab ut the unnan1ed alle y, onl y those lots located at 1597 South 1000 East Street, 16 15 So uth 1000 East Street, 10 19 East Logan Avenue, 1025 East Lo gan Avenue, 10 29 East Logan Avenue, 1033 East Logan Avenue, 1039 East Logan Avenue, 104 1 East Lo gan Avenue , 1049 East Logan Avenue, and 105 3 East Logan Avenue have reversionary interests in the a ll ey i n the event that the c ity vacates the alley because those abutt in g parcel s are in the Fern Subdivi sion and other abutting p arcel s are not. Thus, as explain ed in Fries v . Martin, 154 P.3d 184 (Utah Ct. App. 2006), ownership ofthe alley would re ve rt to only those abutt ing lots w ith in the s ubdi v is ion that created it upon vacation; and WHEREAS , the city council finds after holding a public hearing on this matter, that the city's interest in the city-owned alley described below is not presently necessary for use by the public and that vacating that unnamed, city-owned a ll ey will not be adverse to the general public's interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating a City-Owned Alley. That an unnamed, city-owned alley abutting properties located at 1597 and 1615 South 1000 East Street and between 1019 and 1053 East Logan Avenue, which is the subject of Petition No. PLNPCM2018-00468, and which is more particularly described on Exhibit "A" attached hereto, hereby is vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The above alley vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now loc ated 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 alley 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 ______ ,2019 . CHAIRPERSON ATTEST: CITY RECORDER 2 Transmitted to Mayor on __________ _ Mayor's Action : ___ Approved. Vetoed. ---- MAYOR CITY RECORDER (SEAL) B ill No. of20 19. ---- Publi shed: ------- Ordinance vacating alley I 019 to I 059 Logan Ave 3 APPROVED AS TO FORM Salt Lake City Attorney 's Office D•tt = l'f > 'M\f By : Pau~emvro(Y Attorney EXHIBIT "A" Legal Description of City-Owned Alley to be Vacated: Beginning at the South East Corner of Lot 14 , FERN SUBDIVISION, as recorded at the S.L. Co unty Recorders Office as Plat Entry Number: 2 18960, Book E, Page 030, a part of Lot 20, Block 16 , Five Acre Plat A, Big Field Survey, located in the Northeast Quarter of Section 17, Township 1 South, Range 1 East, Salt Lake Base & Meridian, thence following the west side of an alley North 123.55 feet to the north line of FERN SUBDIVISION, thence following the north side of said alley East 348 feet, thence following the east side of said alley South 123.55 feet to the north line of Logan A venue, thence West 10 feet to the south east corner of Lot 1 of sai d FERN SUBDIVISION, thence along the west side of the alley North 116.55 feet to the north east corner of Lot 1 of said FERN SUBDIVISION, thence along the south side ofthe alley West 328 feet to the north west corner of Lot 13 of sai d FERN SUBDIVISION, thence along the east s ide of the alley South 116 .5 5 feet, to the south west corner of Lot 13 of said FERN SUBDIVISION and the north line Logan Ave nue, thence West 10 feet to the south east corner of Lot 14 of said FERN SUBDIVISION and the point ofbeginning. Contains 4 ,767 sq. ft. or 0.109 acres . 4 TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Hearing 3. Planning Commission Record A. Original Notice and Postmark B. Staff Report of June 12, 2019 C. Agenda and Minutes of June 12, 2019 4. Original Petition 5. Mailing List Page Is 1. Project Chronology Page 16 PROJECT CHRONOLOGY PETITION: PLNPCM2018-00468-Fern Subdivision Alley Vacation June 19 ,201 8 Jul y 18, 2018 July 18, 2018 August 16,2018 October 4, 2018 October 18, 2018 May 3 1,2019 May 31 ,2019 June 12 ,2019 Page 17 Petition for the alley vacation received by the Platming Di v ision. Petition assigned to Alma AI1glin, Principal Plrumer, for staff analysis and processing. Infonnation about the project was sent to the Chair of the Sugar House Cmmnunity Council infonning them of the petition. The 45-day comment period for Recogniz ed Orgatlizations ended. The SHCC Chair did not comment on the petition. Issued notice to all abutting neighbors atld property owners within 300 ' of the alley for open house on October 18, 2018. Petition was presented at the Planning Divi sion Open House. Public n oti ce posted on C ity and State websites and sent via the Platming li st serve for the Planning Cmmnission meeting of June 12, 20 19. Public heating notice mailed. Public h earing notice sign with project infonnation at1d notice of the Planning Commission public heating phys icall y posted on the property. Platming Conumssion Public Hearing. The Planning Cmmnission reviewed the petition, conducted a public hearing and voted unaninlously to forward a positive recommendation to the City Council for the alley vacation request. 2. Notice of City Council Hearing Page 18 NOTICE OF PUBLIC HEARING TI1e Salt Lake City Cow1cil is considering Petition PLNPCM2018-00468, a request by Kathleen Bratcher to vacate the Fem Subdivision Alley. The platted alley is impassable due to numerous encroaclm1ents and shows no sign of use as an alley. The westem portion runs 126 ' nmth and south the westem side of 1019 East Logan A venue. The nmthem pmtion of the alley nms east and west 336' from the applicant's prope1ty at 1019 East Logan A venue to 1053 East Logan A venue and then follows the east property line of 1053 East Logan Avenue 126' nmth and south . The alley is recorded on the Fem Subdivision and is adjacent to propetty on the nmth and east which are not part of the subdivi sion. The subject property is located in the R -1-5000 zoning dishict and is located in council disbict 5, represented by Erin Mendenhall. As part of their study, the City Cow1 ci l is holding an advertised public hearing to receive conunents regarding the petiti on. Dwing tlus heating, anyone desiring to address the City Council concetning tlus issue will be given at1 oppottunity to speak. The heating will be held : DATE: TIME: PLACE: 7:00p.m. Room 315 City & Cow1ty Building 451 South State Street Salt Lake City, Utah If you h ave any questions relating to tills proposal or wo uld like to review the file, please call Anna Anglin at 801-535-6050 between the hours of 8:00 a.m. and 5:00p.m., Monday tlu·ough Friday or via e-mail at atm a.anglin @s lc gov.com The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include altemate fonn ats, interpreters, at1d 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.conunents@ slcgov.com, 801 -535- 7600, or relay service 711. Page 19 3A. Planning Commission-Original Notice and Postmark Page l w SALT LAKE CITY PLANNING DIVISION ~~-~~_). 451 S STATE STREET ROOM 406 VJ VJ PO BOX 145480 :3 SALT LAKE CITY UT 84114 -5480 u 1- VJ 0: u: RETURN SERVICE REQUESTED STATE t1AIL Cr6 /03/201'3 Anna Anglin-Salt Lake City Planning Division PO Box 145480 Salt Lake City, Utah 84114 , Jllu''IIP till 'Ill' rllui 11 · 11' ·" ''IJHJI I llll'lh'·'· I''''" I' · Salt Lake City Planning Division 451 S St.:ltc Street, Room 406, PO Box 145480, Snit Lal<e City, Ut.:l h 841.14·5480 Salt L ake City Planning Commission Wednesday, June 12 ,2019,5:30 p.m. City and County Building 451 S State Street, Room 326 A public hearing will be held ·on the following matter. Comments from the Applicant, City Staff and the public will be taken. Fern Subdivision Alley Vacation at approximately 1019 East Logan Avenue - Kathleen Bratcher, who lives at 1 019 East Logan Avenue is proposing to vacate the alley that is to the west and north of her property. The western portion runs 126' north and south along her property line. The northern portion of the alley runs east and west 336' from the applicant's property to 1 053 E. Logan Avenue and then fqllows 1053 E. Logan's eastern property line 126' north and south. The alley is recorded on the Fern .. · · Subdivision and is adjacent to property on the north that is not part of the subdivision . The subject property is locate.d in the R-1-5000 zoning district and is located in council district 5, represented by Erin Mendenhall . (Staff Contact: Anna Anglin at 801-535-6050 or anna.anglin@slcgov.com) Case Number PLNPCM2018-00468 S•lt Lake City Cor por a tion co mplies with all ADA guideline... People with disabilities may make rcqueslll for r eAsona bl e uecommodatlons n o Jatu tbon 48 hours in advance In order co a t tend this meeting. Acc omm odations may Include: alterna.tivc form au, Interpreters, and ot her a uxiliary a ids. This is an acce.5si blc fullily, For odditlonlll meeting Info r mation, please sec www.lllegov.com or call80l-535-7757; TDD 53~2.20, 3B. Planning Commission Staff Report-June 12, 2019 Page 112 Staff Report PLANNING DIVISION DEPARTMENT OF COMMUNTIY & NEIGHBORHOODS To: Salt Lake City Planning Commission From: Anna Anglin, Principal Planner, 801-535-6050, anna.anglin@slcgov.com Date: June 12, 2019 Re: PLNPCM2018-00468 -Fern Subdivision Alley Vacation-Between 1019 East and and 1059 East Logan Avenue ALLEY VACATION PROPERTY ADDRESSES: The alley abuts nineteen (19) individual properties as follows: 1. 1019 East Logan Ave. (Petitioner's Property) 2-9. Logan Ave-1025; 1029; 1033; 1039; 1041; 1049; 153; and 1059 10-12. 1595; 1597; & 1615 S 1000 East 13-19. Wood Ave-1020; 1026; 1032; 1034; 1044; 105 and 1056. MASTER PLAN: Central Community Master Plan ZONING DISTRICT: R-1j5ooo -Single-Family Residential REQUEST: Kathleen Bratcher, a property owner residing at 1019 East Logan Ave. has initiated a petition to vacate an alley lmown as the Fern Subdivision Alley to the west and north of her property. The alley runs north along the west ern portion of the applicant's property line for approximately 126'. Then runs 336' east to the western edge of 1053 E. Logan Avenue. Then runs south between 1053 E. and 1059 E. Logan Ave. 126 '. The alley is recorded on the Fern Subdivision and is adjacent t o1059 E Logan Avenue and property to the north that is not part of this subdivision or any other subdivision. The Planning Commission's role in this application is to provide a recommendation to the City Council for the alley vacation request. The City Council will mal<e the final decision on this application. RECOMMENDATIONS: Based on the findings and analysis in this staff report, Planning Staff recommends that the Planning Commission forward a positive recommendation to the City Council for the Fern Subdivision Alley Vacation. ATTACHMENTS: A. Subdivision Plat B . Photos Page 113 C. Project Narrative & Petition D. Existing Conditions & Zoning E. Analysis of Standards F. Public Process and Comments G. Department Review Comments PROJECf DESCRIPTION: The Fern Subdivison alley is highlighted on the aerial photo below in green. The alley is located north of Logan Ave, and south of Wood Ave. at approximately 1600 South and between 1000 East and noo East just north of the Sugar House area. The alley runs north to south along the western portion of the applicant's property line and is about ten feet wide and 126' long. The portion of the alley that abuts the north property line of the applicant's property runs 336' east to west to 1059 E. Logan Avenue and is approximately seven feet wide. The alley right-of-way then follows north to south between 1053 E. and 1059 E. Logan Ave. and is 126' long and ten feet wide (10'). The alley is recorded on the Fern Subdivision and is adjacent to property on the north that is not part of the subdivision or any other s ubdivision. The applicant's reason for the request is due to a portion of the alley functioning as their driveway and off-street parking. They were prompted to apply for the alley vacation after receiving notice from the Salt Lake City Real Estate Services Division on April 20, 2018 that their driveway was half a portion of a public alleyway. There is n o physical evidence of the alleys existence only what is on the subdivision plat recorded in 1906. The applicant's narrative as well as the petition bearing the signature of abutting property owners are included in Attachment C of this report. The small alley indicated on the aerial photo below that appears to run east -west between 1595 and 1597 South 1000 East was vacated February 8, 2000 and is not part of this application r equ est. Page !14 KEY CONSIDERATIONS: The key considerations listed below have been identified through the analysis of the project, n eighbor and community input, and deparbnent review comments. Consideration 1: Property Owner Consent Section 14.52.030 A.1 specifies "The petition must bear the signatures of no less than eighty percent (So%) of the neighbors owning property which abuts the subject alley property." There is a total of nineteen (19) properties that abut the alley and seventeen (17) property owners signed the petition. The property owners residing at 1025 and 1033 E Logan Avenue did not sign the petition in support of vacating the alley but have not submitted or voiced any concerns to staff. In total, 89% of abutting property owners have signed the petition in support of the vacation making this ordinance requirement met. This item is also addressed in Attachment C: Proiect Narrative & Petition and in Attachment E: Analvsis of Standards . Consideration 2: Creation/History of the Alley and Disposition ifVacated The alley is recorded on the Fern Subdivision plat and the City lis t s it as a public alleyway and r ecognizes it as City property. The Fern Subdivision was recorded as a plat in 1906. The parcels that are part of the Fern subdivision a r e 1597 and 1615 S 1000 East and the eight properties that are in-between the two north/south arms of the alley from 1019 thru 1053 East Lo gan Ave. The parcels to the north adjacent to the alley and the property at 1059 East Logan Avenue all fall outside of the recorded Fern subdivision plat. According to the Salt Lake City Attorney's Office, alleys that are dedicated as part of a subdivision must be conveyed to mvners within that subdivision if they are vacated. Case law in the Utah courts have supported this position. This means the property owners adjacent to the alley on Wood Avenue and the property at 1059 East Logan Avenue would not get a portion of the alley when it is vacated. Any encroachments into the all ey by neighboring properties outside of the s ubdivision will n eed to b e negotiated with the property owners Vlrithin the subdivision to split the alley property between them or to convey it to the other party in whole or in part. This would be a private b·ansaction outside of the purview of the City. Consideration 3: Condition of the Alley Approximately half of the western arm of the alley which is closest to Logan Ave (southern half) up to the existing fence has been used as the applicant's driveway for many years. There are also m ature trees and t elephone poles in this portion of the alley. At the fence line, the all ey has been incorporated into the neighboring property at 1595 S 1000 East, who is also a part of the Fern Subdivision plat. It appears Page 115 that the neighbor at 1615 S 1000 East shares the drive approach with 1019 E Logan Ave to access their off-street parking as well . The curb cut is concrete and meets City standards. Both driveways are dirt and covered in wood chips. The alley appears to be used as the driveway for 1019 E Logan Ave. However, when the alley is vacat ed the western a rm Vlrill be split betw·een 1615 S. 1000 East and 1019 E Logan Ave. and between 1019 E Logan Ave . and 1597 S 1000 East for the northern portion of the alley. The eastern arm of the alley that runs between 1053 and 1059 East Logan Avenue has been used as the driveway for 1053 East Logan Avenue and could potentially have some of their detached garage encroaching into the alleyway. A portion of the 1059 East Logan Ave . house app ears t o b e encr oaching into the alley as well. This will all need to be surveyed to fi nd out wh ere the structures are in proximity to the property lines. Both the western and east ern arms of the alley are partially utilized as driveways and have some encroachments into them. In addition, Public Utilities st at ed there is a sewer lateral for 1059 E Logan Ave. that goes through the alley and would either r equire that portion of the alley to be vacated in favor of 1059 E. or an easement needs to b e recorded. The northern portion of the alley h as been incorporated into the adjacent neighbors' yards and outdoor living areas. There are existing fences and accessory structures that are encroaching into the alley by most adjacent properties. It appears that the garages at 1025 E Logan Ave a nd 1050 E Wood Ave. may encroach into the alley way. There is no remaining visible or physical evi dence of the alley's existence. (See attachment B) The applicant originally requested that just the portion of the alley adjacent to their property be vacat ed. But after reviewing the application and receiving feedback from the City Surveyor, along with planning st aff visiting the location where the alley is located, we prompted the applicant to include the entire alley to be vacat ed do to the number of encroachments. Vacating the entire alley is also in keeping with the considerations when vacating an alley. Consideration 4 : Future Public Uses for the Alley One issue that comes up with proposals to vacate alleys are questions about the alley serving other p otentially beneficial uses in the area. These elements could include trails for instance to help facilitate alternative transportation and as a positive urban design element. The Fern Subdivision is in the Central Community Master Plan. The future land use map designates this area as Low Density Residential. The area is identified as the East Central South Neighborhood and calls out to preserve and protect the existing low-density residential uses. The alley runs east/west along the long axis of the block. Both Logan Avenu e and Wood Avenue have existing s idewalks on both s ides of the street to facilitate east/west pedestrian traffic and ther e is no public right of way that connects Wood Ave to Logan Ave. midblock. As such, this alley is not necessary to create an alternative trail to connect 1000 E and 1100 E or Logan Ave to Wood Ave. Due to the width, the alley would not meet city engineering standards for full vehicular access and, as such, would only be considered for pedestrian or trail access, if it exist ed. The alley runs through an established residential area that is made up of s ingle-family homes. There is n o anticipated ch ange to this composition identified in the Central Community Master Plan and the Page 116 area is unlikely to change significantly over time . The alley is no longer in physical existence and the Master Pl a n supports the continuation oflow-density residential u ses for the area. DISCUSSION: The petition h as been reviewed against the City's policy considerations for alley closures located in Chapter 14.52.020 as well as the analysis factors found in 14.52.030.B. The closure of the all ey m eets all the analysis factors for an alley vacation. The all ey is curr ently used as the adjacent property owners back yards and have fences along with some accessory structures encroaching into it. The closure is supported by most adjacent property owners. City policies and the relevant Master Plan do not include any policies that would oppose the closure of this alley. As such, staff is recommending that the Planning Commission transmit a p ositive recommendation to the City Council for the alley vacation for the following reasons: 1. The m ajority of the adjacent prope rty owners h ave signed the petition and support the closure o f the alley. 2. It i s beneficial for the surrounding prope rty owners because most of tl1em have fenc es and accessory buildings that would have to be moved or removed due to the alley encroachments if the a lley were to remain in place. 3· The alley does not physically exist and is inco rporated into the private property of the a djacent neighbors. 4· The Master Plan does n ot oppose to the closure of the alley. NEXT STEPS: Chapter 14.52 of the Salt Lake City Code regulat es the disposition of City ovvned alleys . When evalu ating r equests to close or vacate public alleys, the City considers whether or not the continued use of the property as a public alley is in the City's best interest. Noticed public hearings are h eld before both the Planning Commission and City Council to consider the potential adverse impacts created by a proposal. Once the Planning Commission h as reviewed the request, their recommendation is forwarded to the City Council for consideration. The City Council has final decision authority with r es pect to all ey vacations and closures. Page [17 ATIACHMENT A: FERN SUBDIVISION PLAT ' . -·· .--!·-·-··~·.:.• ....... --~ . i Tenln Etui.Jirul 1 ;...., .Jilin 'i.~-7-!!-• ' I t .. ,. : . . ' I Page l18 ATTACHMENTB:PHOTOS Alle)"·vay looking South at 1019 E Logan Page !19 Alley looking north at 1019 E Lo gan Av e. Page 12o Alleyway in between 1053 and 1059 E. Logan Ave. Page 121 Northern arm of alley running along the property lines between 1019 E and 1053 E Logan Ave. Adjacent to the properies north facing Wood Ave . Page 122 (Facing west) Page 123 Facing Nmth at 1053 E Logan Page 124 ATTACHMENT C: PROJECT NARRATIVE & PETITION On the following pages are the project narrative and the petition signed by 17 of the required 19 owners of property abutting the alley requesting the clos ure of the Fern Subdivision Alley. There wer e two a djacent property owners (at 1025 and 1033 E Logan Avenue) that did not sign the petition. These individuals have not voiced any opposition to the closure however. Page !25 Olga Pinney Real Property Agent, SLC Corp 4S1 South State Street, Rm 42S Sa lt Lake City, UT 84114-5640 Re : Salt Lake City Right-of-Way (Alley) Encroachment Parcei#16-17-2S3-019 Dear Ms. Pinney and SLC Corp Office of Real Estate, May 20,2018 My name is Kathleen Bratcher. My husband, Richard Kerr, and I own the home on 1019 East Logan Ave. We are sending this letter explaining why we are requesting an alley closure. This request is being made in response to a letter we received on May 05, 2018, from t he office of Olga Pinney. We purchased this property August 1999 and have been using t he half-an-alley next to our home as off- street parking. One of our neighbors who grew up in this neighborhood, Sylvia Rim mach, to ld us in the sixty years that she has lived in this neighborhood, that she has witnessed all residents of this home use the same half-an-alley as an off-street parki ng space. I understand now that we were unknowingly encroaching on an alley and are wanting to remedy the situation as soon as possible. We had no ill i ntent. When I use the term, "ha lf-an-alley," it is because the north side of the through-alley is already closed . The alley has not been a usable piece of through traffic for at least sixty yea rs. Richard and I are in an agreement with all our surrounding neighbors and are willing to split the property within the Salt lake City's existing guidelines. I have included the signed , "Pe tition to Vacate the Alley," al ong with the outlined and dotted Sidewell map. We, (our neighbors, and Rich ard and I) would like to replace the aged fence at some point. Th e new fence will r eflect the new property lines, as defined by the office of Salt lake City, Rea l Estate Services. Please feel free to contact me, Kathleen Bratcher at (801) 879-6924 if you have any questions or concerns. Again, we look forward to resolving this situation. Thank you for your conside ration in this matter. Kath l een Bratcher 1019 East Logan Ave Salt Lake City, UT 8410S Page 126 Anna Angl in Planning Counter 4515outh State Street, Rm 215 Salt Lake City, UT 84114-5640 Re: Salt lake City Right-of-Way (Alley) Encroachment Parce l 1116-17-253-019 Case number PLNPCM2018-00468 Dear Ms. Anna Anglin and SLC Corp Planning Counter, May 15,2019 My name is Kathleen Bratcher. My husband, Richard Kerr, and I own the home on 1019 East logan Ave. We are sending this letter explaining why we are requesting an alley closure . This request is being made in response to a letter we received on May 05, 2018, from the office of Olga Pinney. We submitted an Alley Vacation or Closure Application last year, dated May 03,2018, with the required signatures of our neighbors along the logan Ave alley. In August 2018, we received an email from Anna Anglin requesting more Information, which I collected and submitted in person to Ms. Anglin. Once it was approved, our neighbors and I received a postcard from the Salt lake Planning Division notifying and inviting stakeholders to the monthly open house, scheduled on Oct. 18, 2018. I attended the open house, as did one of my neighbors, Joshua B. Lenart, who lives on the next street north of us, on Wood Ave. He was concerned that he would have to demolish his garage If his property line was moved. At the meeting, Ange la suggested we have the entire length of the logan Ave alley surveyed from 1000 East to 1100 East by the same engineering firm who did our initia l survey, when we submitted the original application for closure. In talkin g to the fir m, it was made very dear that the cost of such survey is considerably difficult and cost prohibitive. We still need a way to illustrate that there are long-standing structures that were built over sixty years ago, assuming without the knowledge of Salt lake Ci ty Corp. We purchased this property August 1999 and have been using the half-an-alley next to our home as off-street parking. One of our neighbors who grew up In this neighborhood, Sylvia Rim mach, told us in the sixty years that she has lived in this neighborhood, that she has witnessed all of residents of this home use the same half-an-alley as an off-street parking space. I understand now that we were unknowingly encroaching on an alley and are wanting to remedy the situation. We had no ill intent. When I use the term, "half-an-alley," it is because the north side of the through-alley i s already dosed. And ha s been for at least sixty years. Richard and I are In an agreement with all our surrounding neighbors and are willing to split the property within the Sa lt l ake City's existing guidelines. We, (our neighbors, and Richard and I) would like to replace the aged fence at some poi nt. The new fence will reflectthe new property lines, as defined by the office of Salt Lake City, Real Estate Servi ces. Plea se f eel free to contact me, Kathleen Bratcher at (801) 879-6924 if you have any questions or concerns. Again, we look forward to resolving this situation. Thank you for your consideration in this matter. Signature on File Kathleen Bratcher 1019 East l ogan Ave Salt Lake City, UT 84105 Page 127 PETITION TO VACATE OR CLOSE AN AllEY r~ame of Applican t : Kath leen A . Bratcher Address of Applicant : _1019 East Logan Ave Pa rce l #16-17-253-019 Date: 0 h I D ~ I t 0 r Cb ------------------------------------- As an owner of property adja ce nt t o the alley, I agre e t o the propose d vacati on or cl osu re. t understand t hai if my property is a commerci al business o r a renta l p ropt:>rty w ith more than three {3) dwelling units, I w ill be requ i red to pay fair market va lue for my half of t h e alley . Da te ....,PrintNcme Addr ess /L( 11W ature • ~~~~~f.~R. C;rvf r ~£fc[ 5 I 000 (115~•gno ruf#h Cxr(t s~J -It[ J;>•-J-/!Uark./JMAU !tl«d t :-""j750./ccrJ{;. "~o'f!/'tl~ ,;-/s-Jy ~ ... ~~~ ~~;E.W~t\;~:~~J :~P .~t~ ~. --:;;~?.?.~e-_ID ~9 /.,c;v,..,J Avf? _ {~ /VI~~'J , ~C>_l_~--\) g P -,.,l !-lome Add resc S•gna~ Dote ~f> ~/Jb"'-tq&.J t ~li2 ~1tX~- ~-% i[~\ fu u.,,.,,!0,).~5~•j "" Avt-"'"""" ---':a/;1-{t:z_o(_~ __ ~ ~ ~ .. lkt> \L-aUL: .,J,?,L ~--loe>...LJc.., ALU..(\1=-.tfo_._._g y..!L..Se --f-/.l'hi--HCI.~ io ~~rt.le~2-f1 _9t):ll 5•gnuum onre ojt:z-/Jg r: ~ 16{;~<;?,. /U' t1 c< ~A;:( ,./ ~:;~z-d p__ ~ ftdfj ;nh~y -/££1'--IHAIV ~ ,,; j.2z/?J1&_ ~ :[e£t. iva,un!ld~,.)2_ll-i~, .... ~d::z--Jb7jlo!f_ S -printNa-;;,;--------Addrf!;._H __ -------s;on o rur ~-~---ua!e ~ Upd a t~d 7/1/17 ·-.r. . Page 128 ) '. ' ., Name of Applicant: i<r:R.L _ As an owner of property adjacent t o the alley, I agree to th e proposed vacation or closure . I understand that If my prop erty is a com mercial busine ss or a rental property with more t han three (3) dwelling units, I will be requ ired t o pay fa ir market value for my half of the alley. Print Nome Address Signature Dote · () J .Da te Cv'l · 1. ~£. . oJ_/ ~.,)J_;f~ _, ___ ___;::'t_/~:-Ll "U't!J(/-f--~- S/gnoture ~ oav ~ ?hi fK/10/t%:'. ---· Print Name Address Othr\q ~\tw I Ot;y 6 vlt!o J Ave Prin t Name Address ( wiu. 1 ~ IDW~I> Orv '%~-fM "'cxr) Print Name Address Signature 1 A.C)1.Jo/ WAJh/sr~l Signature 1 ·------·--------____..L.-~ ----------- Upda ted 7/1/17 Page 129 I I I Ap ril30. 20 18 Richard Kerr and Kat hl een 11ratdwr IO IQ E Logan Ave . Sah Lake Cit y. UT &.J I 06 Rc : Sa h Loke City Ri ght -nf-\\'ay (A ile)') Enc rouc hm ent Pnrcd /116-17-2 53-0 19 Dear Mr. KeJT & Mrs. !:Irate her: 111'1'-\R r:l!l-:1"·1 ·ll'U)nll'NHY "'"' :>; I:H ; llllliiU·IO(}IJS llrli"SI\"1 . .-\:-;1\ '\Eit;HBORIIOO[) m.n:J.oPMI·.l\1 1:1 \I I~ 1'-\TE Sf.ll\1\f.S This lcllcr is ''Till en in regnrds to the propr:rt) lm:atcd at 10 I 9 Eas t LO!:!IIl Ave nu e . It ha s Cl>m .: tll ou r att ention tlwt un encroac hm ent in to the public ri ght-o f-woy (alle y) exist nt the nbove referenced property. In asmu c h as )OU do not haven CO ill ract for the private usc of public propcny. publ ic 11ay cn c n>achrncnt s an: rc gul at cd . lkcnscd and onl y a llcmed hy 11rillc 11 nt!J~cmem . 1\C are seeking your cooperati on to re so lve th is iss ue . Until this is resolved . yo ur cncn>a chments nre co nsidered illeg,ol per c it y ordina nce ~ 18 .3:!.125 and furthe r action wi ll be taken b) the Ci1y if not resolved im med iatel y. If you ha ve any lJUCS tion s regarding thi s notice ph:asc contact the Salt Lake C ity Re al Estate Se rvices at your earliest corwl:'nien ce so we may ossis t you . ~ Olga Pi nnc) Renl Prope11)' Agent Sa lt Luke C ity Cor poration Rc a 1 Esc ate Se n ice s (80 1)535-7184 OILm.~esh:~ll' ~cpm Enclos ure(s) "r s . • ~~-~~ · S• Page l3o A'ITACHMENT D: EXISTING CONDITIONS & ZONING ADJACENT lAND USE The property lies within a r esidential area. All properties that are adjacent to the alley and in the immediate vicinity to the west of 1000 East are zoned R-1/SOOO-Single Family Reside ntial. To the east of the alleyway, the zoning b eco mes RB -Residential Business and is dominated by retail uses and development. This is shown on the zoning map below. None of the property owners h ave indicated a n ee d to access their rear yard via the alley. Page 131 Proposed Fern Subdivision Alley to be vacated ~I p t ATIACHMENT E: ANALYSIS OF STANDARDS 14.52.020: Policy Considerations for Closure, VACATION or Abandonment of City Owned Alleys: The City will not consider disposing of its interest in an alley, in whole or in part, unless it r eceives a petition in writing which demonstrates that the disposition satisfies at least one of the following policy considerations: E. Lack of Use: The City's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an on-site inspection that the alley does not physically exist or has been materially blocked in a way that r enders it unusable as a public right -of-way. F. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity or unsafe conditions, public health problems, or blight in the surrounding area. G. Urba n Design: The continuation of the alley does not serve as a positive urban design element. H. Community Purpose: The Petitione rs are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden. Discussion: The application leans toward Policy Consideration A-Lack of use as the main driving factor for the alley vacation request There is n o visible evidence of an alley at this location. There are trees, fences, and other structures where the alley i s described to be and is now used as part of the adjacent n eighbor's backyard areas. Staff routed this petition to the Salt Lake City Engineering Department (SLCPD) for comments and it was recommended the entire alley be vacated. The original application was to vacate only the portion of the alley adjacent to the applicant's property. But due to the alley no l onger being functional, it is r ecommended the entire all ey be vacated. Finding: The alley m eets the requirements to be fully vacated due to lack of use. It is evident that the alley has not functioned as one for many years now and there is no need to preserve a right -of-way . All property owners access their off-street parking from the street and the alley itself has been incorporated as a portion for the adjacent property's backyard. Salt Lake City Code, Section 14.52.030B: Processing Petitions-Public Hearing and Recommendation from the Planning Commission. Upon re ceipt of a complete petition, a public h earing shall be scheduled before the Planning Commission to consider the proposed disposition of the City owned alley property. Following the conclusion of the public h earing, the Planning Commission shall make a report and recommendation to the City Council on the proposed disposition of the subjec t alley property. A positive recommendation should include an analysis of the following factors: Page 132 Factor Finding Rationale 1 . The City Police Department, Fire Department, Transportation Division, and all other relevant City Departments and Divisions h ave no objection to the proposed disposition of the p roperty; 2 . The p etition meets at least one of the policy considerations stated above; 3 · The petition must not deny sole access or required off-street parking to any adjacent property; 4· Th e petition will not result in a ny property being landl ocked; 5· The disposition of the alley property will not result in a use which is other wise co ntrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but which are not limit ed to, mid-block '"~rays, pedestrian paths, trails, and al t ernative transportation uses; Page 133 Complies with conditions Co m pli es Complies Co m p lies Complies Staff requested input from pertinent City Departments and Divisions. Comments were received from Public Utilities, Transportation and Engineering. The Salt Lake City Surveyor noted that there is no functioning alley in existence at this location and the entire alley should be vacated and incorporated into the adjacent p r operties. However , a legal description written b y a licensed surveyor for the entire alleyway is required when application is submitted with the City's Real Estate Service grou p . In addition, the sewer lateral for 1059 E Logan Ave which is in the alley right-of-way will need t o be addressed through an agreed easement or mvnership will need to be conveyed to them. (See attachment G). The proposed all ey closure satisfi es the Lack of Use poli cy considerations of 1 4 .52.020 for the p etit ion to b e p rocessed. See t h e discussion and findi ngs in the previous section of this report fo r more d etails. None of the properties that abut the alley appear to use it for access to their off-street parking or access to their property, aside from 1019 E Logan Ave; 1615 S 1000 East, an d 1053 E Logan Ave . As such, none will be denied vehicle access due t o the closure of the alley . No prop erties wo uld be re n de red l andlocked by this pr oposal. The petitioner is requesting closure of the alleyway to come into compliance with the City Real Estate Service group. The method of disposition for low density residential areas is to vacate the alley to properties adjacent to it that are '"rithin the same recorded subdivision. The neighbors to the n orth are not in the same subdivision. The alley in its entirety wo ul d be given to the houses facing Logan Street and 1615 S 1000 E and 1597 S 1000 East and then incorporated into their backyard as they are currently being used. The applicant and 6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed ·within 12 months of issuance of the building permit; 7. The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it; and 8. The alley is not necessary for actual or potential rear access to residences or for accessory uses. NOTES: Page 134 Complies Complies Complies property ovvner at 1615 S 1000 East v.rill need to come to an agreement and address the current off-street parking arrangement through ovmership or easement. No abutting property owners have opposed the alley vacation. No applications for a permit have been made. The applicant initially requested a partial closure to the alley that is in adjacent to their west property lines. However, the City Engineering Division stated that since there is no physical evidence of the alley's existence, it should be entirely vacated to reflect the current physical use of the land. The application was changed to complete vacation of the alley. The all ey has ceased to be used for functional access to the back of properties and no property owners have indicated that the access is necessary for that purpose. The exception is for the applicant's property at 1019 E Logan Ave, 1615 S 1000 East, and 1053 E Logan Ave. ATIACHMENT F: PUBLIC PROCESS AND COMMENTS Public Notice, Meetings, Comments The foll owin g is a list of publi c meetings that have b een h eld, a nd other p ubli c input opportunities, r elated t o the proposed project: • Notice of the proj ect a nd r e qu est for co mments sent to the Ch a ir of the Sugar H o use Co mmunity Council o n July 18, 2018 in order t o soli cit comm ent s . • Staff did n ot receive any comments from the Suga r House Community Council • Staff held a n open h ou s e on October 18 , 2018 a nd s ent n oti ce t o all r es iden ces and property owners within 300' of the alley . There was o n e concern r aised at the open h ouse b y the prop erty owner a t 1026 E Wood Ave . He wasn 't sur e if his accessory b u il ding was in the alley right-of-way (see attached) • The 45-day recogni zed organization co mment period expired on August 16 , 2018 Notice of the public hearing for the proposal included: • Public h earing n otice maile d on: May 3 1 , 2019 , • Public h earing n otice sign p osted on the p roperty: May 3 1 , 2 0 19 • Public n otice p ost ed on Ci ty an d Stat e webs ites & Pl a nning Divisi on lis t serve: June 1 , 2 019 Page 135 OPEN HOUSE PUBLIC COMMENT FORM October 18, 2018 PlnllDing nn d Zoning Divis ion Department of Conununity and Economic Development Logan Street Alley Vacation-PLNPCM2018-00468 Name: 'Jr,GkJ V .f-(__ etJfb.\ Address: SL.C. u '( I Phone: ~-=E-mail Comments: Ra:.:.J t:o!·c'l;c:.I;:> ONcC ,~ate W r .:J:S V~CATfL;> 5o nfr..-T L.YoW A~ Ldof"];l Les,:::Y vVV;:R. ~~.~--sn_A/3 .T..J~SIR~(ve_cC""" e_, , C :-e:A (5 ,/{) s ~Tc... Please provide y u co ntact in fo rma · n so we can notify you of other m lings or hearings on thls issue. You may submit this sheet before the end of the Open House, or you can provide your comments via e-mail at anna.anglin@s lcgov.com or via mail at th e following address: Anna Anglin, Salt Lake City Planning D iv ision, PO Box 145480, Sal t L ake City, UT 84114-5480. ----11~¥-You r ~ Page 136 ATIACHMENT G: DEPARTMENT REVIEW COMMENTS The proposed alley closure request was sent out for internal review. The following comments were received: Engineering -Public Way Assets (Victoria Ostradicky) This alleyway is not passable by either a car or by walking. Looking at the aerial view of the alley, it seems to me that almost everybody is encroaching into the alley. So, to clear it, \•vhy don't we close the whole alley. If we don't, because it is encroachment into public way, we would have to send everybody a letter telling them that they are encroaching into public right of way. This would create a lot of work for the property management and also make some people upset. People who don't agree with a vacation, they would have to think twice, if they are encroaching. Also, if this "'rill go through, they need the legal description written by a licensed surveyor. The one included in the document wouldn't do. Public Utilities (Jason Draper) No utility issues '"rith the proposed alley vacation around 1019 E Logan. If the entire alley is vacated, the re is a sewer lateral for 1059 E Logan that goes through the alley and would either require that portion of the alley to be vacated in favor of 1059 or an easement needs to be recorded. Transportation (Michael Barry) Transportation does not object to clos ing the alley. Fire Code (Ted Itchon) The property has fire depa rtment access from Logan Ave and the closure would not be a hardship. Page 137 3C. Planning Commission Agenda & Minutes for June 12, 2019 Page 138 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building June 12, 2019, at 5:30 p.m. (The order of the items may change at the Commission's discretion) FIELD TRIP-The field trip is scheduled to leave at 4:00 p.m. DINNER-Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126 of the City and County Building. During the dinner break, the Planning Commission may receive training on city planning related topics, including the role and function of the Planning Commission. PLANNING COMMISSION MEETING WILL BEGIN AT 5:30PM IN ROOM 326 APPROVAL OF MINUTES FOR MAY 22,2019 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR PUBLIC HEARINGS 1. Subdivision/Planned Development Amendment at approximately 1570 S Main -Moda on Main - Brock Loomis of J.F. Capital is re questing app ro va l from the C ity to create an 11-unit residential subdivision for the previously approved Planned Development at 1570 S. Ma in. The configuration of two multi-family buildings with a combined total of 11 units has not changed, however each unit is now being proposed on its own sellable lot with shared common space. The pr oject requ ires approval for the amended Planned Development and the subdivision. The following two petitions are associated with this request: a. Preliminary Subdivision Plat -A request to subdivide and reconfigure three parcels into 11 new parcels w ith shared common yard and parking areas. Case number PLNSUB2019-00133 b. Planned Development Amendment -A request to amend the Planne d Development approval to address the creation of 11 lots that do not independently have street f r ontage, yards setbacks, or the minimum lot size of 10,000 square feet in the CC Zone but are part of a larger common lot which meets the standards. Case number PLNSUB2018-00057 The subject property is located in Council Distri ct 5 represented by Er in Mendenhall. (Staff contact: Eric Daem s at 801-535-7326 or eric.daems@slcgov.com). 2. Planned Development and Conditional Building and Site Design Review at approximately 45 South 600 West-A reque st by Auggie Wasmund, from C.W. Urban , for a Planned Development and Conditional Buil d ing and Site Design Review (CBSDR) to build a four story 48-unit residential building at approximately 45 S 600 West in the Gateway Mixed Use (G-MU) zoning district. Pla nned Development approval is required for all new construction in the G-MU zoning district. The applicant is also requesting a reduction of parking lot landscap ing through the Planned Development process and the proposed exterior building materials require approval through the CBSDR process . The subj ect property is within Council District 4 represented by Ana Valde moros (Staff Contact: Amy Thompson at 801-535-7281or amy.thompson@slcgov.com) Case numbers PLNSUB2019-00128 and PLNPCM2019-00129 3. Fern Subdivision Alley Vacation at approximately 1019 East Logan Avenue-Kathleen Bratcher , who lives at 1019 East Log an Avenue is proposing to vacate the alley that is to the west and north of her property. The western portion runs 126 ' north and south along her property line . T he northern Page 139 portion of the alley r uns east and west 336' from the applicant's property to 1053 E. Logan Avenue and then follows 1053 E. Logan 's eastern property line 126' north and south. The alley is recorded on the Fern Subdivision and is adjacent to property on the north that is not part of the subdivision. The subject property is located in the R-1-5000 zoning district and is located in council district 5, represented by Er in Mendenhall. (Staff Contact: Anna Anglin at 801-535-6050 or anna.anglin@s lcgov.com) Case Number PLNPCM2018-00468 4. Sugar Alley Conditional Building and Site Design Review at approximately 2188 S Highland Drive-Ben Lo we, representing the property owner Sugarhouse Dixon , LLC , has requested Conditional Building and Site Design Review approval to build an eight-story mixed-use bu ild ing at 2188 S Highland Drive . The development is proposed to be approximately 85' in height and include 186 apartments and 16 ,000 square feet of retail space . Buildings over 50' in height in the Sugar House Business District-1 zone are required to go through the Conditional Building and Site Design Review process , and as the building exceeds this height it is proceeding through this process . Th rough this process applicant is also seeking a mod ification to a 15' upper floor step-back requirement for the north-east portion of their building that faces Hig hland Drive. The property is in the Sugar House Bus iness District-1 (CSHBD -1 ) zone and is in Council District 7, repr esen ted by Amy Fowler. (Staff contact: Daniel Echeverria, daniel.echeverria@slcqov.c om or 801-535-7165) Case number PLNPC2019-00264 5. Sugar House Business District Design Standards Text Amendment -A request by the Ma yo r to amend the Sugar House Business District (CS HBD ) zoning district regu lations . The amendments would apply additional design standards to development in the zone. Des ign standa rds incl ude regulations pertaining to such things as windows , entrances, and bui lding materials. Currently, there are a limited number of design standards for small developments in Sugar Ho use, whereas la rge developments have many more standards to comply with. The proposed additional design standards are meant to bridge this gap and help ensure that new small buildings support a h igh quality, pedestrian oriented environment in Sugar House. Other miscellaneous related changes and clarifications to the zoning code are also included in the amendments . The proposal affects both the CSHBD-1 and CSHBD-2 zoning districts . The zone is located w ith in Council District 7, represented by Amy Fo wler. (Staff Contact: Daniel Echeverria, daniel.echeverria@slcqov.com or 801 -5 35-7165) Case number PLNPCM2018-0021 0 The files for the above items are available in the Planning Division offices, room 406 of the City and County Building. Please contact the staff planner for information , Visit the Plann ing Divisio n's website at www.slcgov.com /pla nning for copies of the Planning Commission agendas, staff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. Planning Commission Meetings may be watched live on SLCTV Channel17; past meetings are recorded and archived, and may be viewed at www.slctv.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 Planning Office at 801 -535-7757, or relay service 711. Page 140 7 :22:10 PM SALT LAKE CITY PLANNING COMMISSION MEETING City & County Building 451 South State Street, Room 326, Salt Lake City, Utah Wednesday, June 12, 2019 Fern Subdivision Alley Vacation at approximately 1019 East Logan Avenue -Kathleen Bratcher, who lives at 1019 East Logan Avenue is proposing to vacate the alley that is to the west and north of her property . The western portion runs 126' north and south along her property line . The northern portion of the alley runs east and west 336' from the applicant 's property to 1053 E. Logan Avenue and then follows 1053 E . Logan 's eastern property line 126' north and south . The alley is recorded on the Fern Subdivision and is adjacent to property on the north that is not part of the subdivision. The subject property is located in the R-1-5000 zoning district and is located in council district 5, represented by Erin Mendenhall. (Staff Contact: Anna Anglin at 801-535-6050 or anna.anglin@slcgov.com) Case Number PLNPCM2018-00468 Anna Anglin, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case file). She stated Staff recommended that the Planning Commission forward a positi ve recommendation to the City Council. The Commission and Staff discussed the following: • Whether there was a survey conducted regard ing what utility lines are in the alley • Whether the gas line was included as part of a condition • Clarification as to who would be responsible for conducting a survey Kathleen Bratc her, applicant, provided e xplanation for the petition and was available for questions from the Commission. The Commission and Applicant discussed the following : • Clarification was requested on the subdivision • Clarity on how the city enforces surveys required by property owners PUBLIC HEARING 7:34:28 PM Chairperson Bachman opened the Public Hearing; Alan Bloom-Provided feedback regarding his view on the petition. Seeing no one else wished to speak; Chairperson Bachman closed the Public Hearing. MOTION 7:36:08 PM Commissioner Bell stated, based on the findings and analysis in the staff report, testimony, and discussion at the public hearing, I move that the Planning Commission transmit a positive recommendation to the City Council for the Fern Subdivision Alley Vacation, file PLNPCM2018-00468 for the reasons listed in the staff report. Commissioner Scheer seconded the motion. Commissioners Lyon, Barry, Clark, Hoskins, Scheer and Bell voted "Aye". The motion passed unanimously. Page 141 4. Original Petition Page 142 Page 143 Alley Vacation or Closure OFFICE USE ONL Y Date Received: 1;;;;;&M ,;;w;s-LXJ~tbS' --r---~~~R~~~r_e ______ _ FORMATION location of the Alley : Name of Applican t : Kathlee n A. Bratc her Address of Applicant: Ave I ' r !OlO! 0 ~1\-N H" L. VJU/ E-mail of Applicant: afkb @ms n.com Applicant's Interest in Subject Property: U-r ~ Owner D Contractor Archit ect D Other: Phone : 801-879-6924 Na me of Prop erty wner abutting the alley if different frQm applicant): ( lr:f\1 I?(). &J A o o / . o ~ .»1.1.1::1 At;UI 1 o ex:> E . ') E-mail of Property Owner : 1 N r..U. ... A: tMA g..e-: pau laca rl @xmission.com & sy lvierim masc h@gm ail.com _J 801-596-1669 & 80 1-67 1-2835 \ Pleas e note that additional information m ay be required by the project planner to ensure adequate i nformat ion is provi d ed fo r st aff analysis. All i nform at ion required for staff analysi s will be r.opied i:lnd made public, i ncluding pro fes sional architectural or engineering drawings, for the purposes of public r ev iew by any i nterest ed pa rty . A VAILABL E CONSULTATION \ Plan n ers are avai labl e for consultation prior t o submitting this application. Plea se call (801) 535-7700 if you have any questions regarding th e requirements o f th is application . WHERE TO FILE THE COMPLETE APP LICATION Moiling Address: Pl ann i ng Counter PO Box 145471 Sa lt lake Ci ty, UT 84114 \ Fil ing fee of $253 In Person: REQU I RED FEE \ Plus additional fee for required publ ic notices SIGNATURE ~~--~---------------Planning Counter 451 South State Street, Room 21 5 Telephone: (801) 535-7700 \ If applicable, a notari;:ed st at ement of consen t authorizing applicant to act as an agent will be required. r .. , ~5/03/2018 ~ .. ·;; ~ a:: ::: <t .;; D 0 D [TI D 0 D [TI D [TI D 0 D [ZJ SUBMIITAL REQU I REME NTS Please include with the application : (pleas e attach additional sheet ) 1. A letter exp l aining why yo u are requesting this alley vacation or closure . 2. A Sidwe ll map showing the area of the proposed alley v acation or clos u r e. On the map please: a. Highlight the area of the proposed alley vacation or closure. b. Indicate w ith co lored dot the property owners who su pport the petition. c. Submit O t~e paper co~ and a digital (PD F) copy ol the maa -.e ~i.t...U.d ~ 3. CJ. ~ ·d fsh~~o f~n m~~l~ ~f ~ ~P s k~ey ~c~~~b~~s~r g3 ~\VjC5V .(6M • A f ina l le ga l description prepared by a licensed e gineer will be r equired later. 4 . Th e name, address and signatures of all abutting property owners who support the pet ition . Petition mu st incl ude the signatu res of no less than 80% of the abutting pro perly owners. Signatures should be from the property owne rs and not from the pro perty ren ters. You may use the form atta ched to this appl ica tion or provide your own form with sig na ture s. WHAT IS AN ALLEY VACATION OR CLOSURE? As pa rt of the subd ivis ion process, e.arly developer s we re required to create alleys which were then deeded to the City. They were use d for coa l delivery, garbage pickup and other services. They also allow ed.access to ga rage$. Today, the City is officially the owne r of these alleys. In sit uations where it can be demonstrated that t here is an over-riding public purpose for vacating the alley, the City may re l inqu is h its pro perty int erest in the alley. When an alley is next to or abuts a sing le family or duplex re side ntial property, the City vacates the alley, divide s it in half, nnd the property is conv eyed to the abu tting prope11y owners. If an alley is nex t to o r abuts a non -re side ntial, or multifamily re siden tial (3 o r more dwelli ng units) property, the Cit y may cl ose the alley and then sell the land at f air market va l ue to the abutting property owners . WHAT THE CITY CONSIDERS BEFORE VACATING OR CLOSING AN ALLEY 1. The City police department, fire department, tra nsportation division, and ali other rele vant Ctty departments have no rea sonable objection to the proposed disposition of the property; 2. Granting t he petition will not deny so le access or required off -s treet parking t o any pro petty adjacent t o t he al ley, 3. Granting the petition w ill no t re sult in any property being landlocke d; 4 . Granting the petition will not res ult in a use of the alley property which is otherwise co ntrary t o the policies of t he Ci t y, including applicable master plans and other adopted statements of policy which address, but which are not lim ited to, mid-block walkways, ped estrian paths, trails, and alterna t ive transportation uses; 5. No opposi ng abutting property owner intends to build a garage req uiring acc ess fro m t he p ro perty, o r has ma de appl icatio n for a building permit, o r if such a pe rmit ha s be en issued, cons t ruction has be en completed within 12 months of iss uance of the b uilding pe rmit; 6. The petition furthers the City preference for disposing of an entire alley, rather than a small se gment of it; and 7. Th e alley property i s not necessary for actual or potentia l rea r access to res idences o r for accessory uses. INCOMPLETE APP LICATI ONS Will NOT BE ACCEPTED ------------- Updotecl 7/1/17 Page 144 Olga Pinney Real Property Agent, SLC Corp 4S1 South State Street, Rm 42S Salt La ke City, UT 84114-5640 Re: Salt lake City Right -o f-Way (Alley) Encroachment Parcel #16-17-2S3-019 Dear Ms. Pinney and SLC Corp Office of Real Estate, May 20, 2018 My name is Kathl ee n Bratcher. My husband, Richard Kerr, and I own the home on 1019 East Logan Ave . We are sending this letter explaining why we are requ esti ng an alley closure . This request is being made in response to a l etter we received on May 05, 2018, from the office o f Olga Pinney. We purchased this property August 1999 and have been using the half-an-alley next to ou r home as off- street parking. One of our neighbors who grew up in this neighborhood, Sylvia Rim mach, to ld us in the sixty years that she ha s lived in this neighborhood, that she has witnessed all residents of this home use the same half-an-a lley as an off-street parki ng space. I understand now that we were unknowing ly encroaching on an alley and are wanting to remedy the situation as soon as possible. We had no ill intent. When I use the te rm, "half-an-alley," it is because the north side of the through-alley is already closed . The alley has not been a usable piece of th ro ugh traffic: for at lea st sixty years. Richard and I are i n an agreement w ith all our surrou ndi ng neighbors and are willing to split the property within the Salt l ake City's existing guide lines. I hav e in cluded the signed , "Petition to Vacate the Alley," along with the outlined and dotted Si d ewell map. We, (our neighbors, and Richard and I) would like to replace the aged fence at some point. The new fence will reflect the new property lines, as defined by the office of Salt Lake City, Real Estate Services . Please feel f ree to contact me, Kathl een Bratcher at······if yo u have any questions or concerns . Again, we loo k forward t o resolvi ng this situation. Thank you for your considera tion in this matter. Kathleen Bratcher 1019 East Logan Ave Sal t Lake City, UT 8410S Page 145 BLOC K 16 . 5-AC RE PLA T A. -l ..... ~ c ••• ~: ·--. -~ -... t.._,_ ........... -.-..... __ _ ... _, ___ '"' _ .. ,. ---.. ·-··---_ ... ···-·-.... . . --...... ·-..... -·-..... -~ ... --... '"-... -·-.... ·--...... j£_ Page 146 ParcellllG-17-253-019 Alley Closure Written Descrip tion with measurements of the proposed alley closure . For frames of refe rence, we have enclosed a printed copy of a boundary survey we paid for th is pa st January, performed by Horrocks Engineers . The outlined area is the alleyway we wish to close . Ou r home f aces south . For clarity in the following description, "south," refers to the front of t he property (Logan Ave side), and "north" refers to be abutti ng property line and alleyway we are proposing to be closed. All the below measurements were comp leted by my husband and myself working as a team and are approximate. The numbers 1.) to 3 .) descriptions and measurements below corre late to t he and numbered areas on the enclosed survey map. 1.) North/south length of alley, measured from the southern side of the property, (i.e . northern edge of sidewalk) to the wooden fence in t he bac kyard (abutting line)-114.25 feet Outlined in blue on map. 2.) North/south side length from true, su rveyed property li ne (measured from set survey cap) to wooden fence (ab utting line)-5.83 feet Outlined in red on map. Th e fence was already installe d , and already aging, when I purcha se d t he property in 1999 . 3.) East/west length of alley, measured on southern side of property, west neighbor's existing fence to survey cap set-20.33 feet Outlined in purple on map. •••••• Page 147 ; _, ' , .I Page 148 I I 1 I -~I f ~ ~ . : I I I I I I l: !.1 I ~ I rj il il I' '·: ''-4 ~)-~~-,_1,• . ·;· " l 'L -· !~~ :~r;_. I \ ~I .. . ,- 1 I , I ' I -,, -,-.-· ;~·~D.;: -:--~ 1 \ ··-.-I --' I I i Page 149 I I I ' I j l ~~ '· ·-· ::: ---. ~~:.::"~'" ... ~ . .,. ··~" ... . -- ~L I I I : !+ ! _I ,, " i'. ~- ·, BRATCH E~R~=PR---0 --­~!::.;.._...,,,~,.~, PERTY ••J tarr•.• _ll~Ut-IOARY SURVEy ~~~~~ .v>l•.-.u..•u.~u:.u•. .·~- I _J I 1 i ! I i , I,.. I 00 • • .., 0 I a I ~ I " K lgnt-or-way Page I so PETI TION TO VAC ATE OR CLO SE AN ALLE Y Name of Appli cant: Ka thleen A . Bratcher Addres s o f Applicant: 10 19 East Logan Ave Parcel #16-17 -253-019 _______ ----------- Date: Oh / D~ J ~0 TCZJ --------------------------- As an ow n er o f prope r ty adj acent t o t he alley, I agree t o the proposed va cation or clos ure. I u nd erstand that if my property is a com m er cia l bu siness or a r ental property w ilh more than three (3) dwel li n g units, I w ill be requ ired to pay fair market value for my ha lf of th e al ley. Date _.PrinrNcml! Address /'L( f.ittJ""rure • ~~~~~!:./(. Upo f J ~£1e?: 5 /000 £)~5~ignotufirt/q Cxrjt s: J ~ !{" );:> ..... Ula rk.iJ'.u,.(lz <'d. 1 »"'l7 !;,. loa;;;:_ ,f:i;;o'f! 71-~ ,-/.-Jy ~ H ~&J /::E .~/± :·w~ '"'&tlLt ~.'tE l~ --Pri,•t Nomr Address 5igna rure Do te ~ ~ ~ -s;~3~rz-__ !D "l9_ /._~,._10 Av e>_ ~~ {vi ~~'J, ~~!~- ~ g P ••:1 No m~ Addres • Sign~gr;: Dote ~ ~ -#u~LJ h~ _j4f~UJ~~ Dore _ ~Jj)(<l_ __ ~ .<;l, f.[ o.r~l\.~~!~vl~·j---=IU\-'-Prv._;_;_l-_ ---4.74'4· --1"'-"'L--- ~ ~ ~-U; \l-aW--j .?,l"' £ ~lobi!N !Y.f. --k::f:/k.~~=---0 · ~ ~. l (Q io ~~~rl,!£1.-ll _li~~~., Dare '6/t-~J rg r: ~ 4;9';"!0" &rf-<~1!( , ... .>.~zJAt?~P~ ~ ftc.~/J;»th~y f!/.'Ld¥11'1 ~ ,.,h.2z/2£'/& ~ -lf.~ tu,/Jk)}~).P_?Jli~l!f., ... ~--l.b?!zoJJ>_ ·---------·---------·---·--F'rintNoTr.e Address Si[tllOIVf" Gate -" . Page lSI ) ·ii ... I':·· • ' !: ~ .• • PETITION :fO'VA<;:ATE .ORClOSE -AN ALLEY · -. I ' ',~ ~ ..... Name of App li cant: ·--,---:---,--.JG1_f_h~ 9:-)2,£ i-1Aki, Address of Applicant: LOtC( E . LeJsv Alit:.. .~t: 8<JLOj Date : As an owner of property adjacent to the alley, I agree to the proposed vacation or cl os ure. I underst and that If my property Is a commerc ial busin ess or a r ental property with more than three (3) dwelling units, I will be requ ired to p ay fa i r market va l ue f or my half of the all ey. Print Name Address Signature Date · :R~ t\~U' 1.?43 5 Print Name Address (ClOD E r//~ J-J:~ 'if -/0 -f 8" Sign~/ V ~ ";) ;Date CVJ; . J~. ov_, ~;;>J,.r ~ --:-:--:-:-:-----------::-:-o-------::--,--~i-1.~:_ Ll. .. Ut.IJr!Lc; 9/iV Prin t Name Address Signature 'f1L Dav 1 O<;(( f; ~J 4vt ~ 2bi 8\/t 0 I I'%-"' Address -=--'( _/,;,:_;_ 1 "'I.-,-'-'-" ,=---=cSI-gn-at_u_r_e -,-4-.._,... 1 -,.-J----""'-D--'at'e"" '-'-'-'--..:.......,"----- olv /,)'.-~.-~ VJ I,V ) v '-1 '80 1-r18~;J~t:- u -1 £XI · 6WJhl .. 5 L/ 1060 £.. Print Name Print Nom e Address Signature Da te tSJ!o/IB S1.A '3ClY'\ ~~ cJ'Vl 1 5~'i S I ootl {; Print Name Address ---y;:·~V ). L-v~ /OZ~· E Woo) ~L Prin t Name Address Sl{lnot Dote ~-~ N~~£.e_io~c.fl:-1-Alo-a.olt1u~, ~~ o-2h-t ~ Print Name A dress Signature Date _L!Ji./~ dl,.//!r[ le£t%~1-1n.-. __.('/#-~ Q-22-#1 Pri nt Name '--,IV -Address Signal~~ Date ~ ~ A~~r~ss/p £<)~ ~. ~ii!!t~---D-o te 1-J-("g_ ___ _ iJYr£--~ /03.~ \Q~WL ~ <::j.·l/·1& Print Name Address Signature Da te El-li e-t+ir:hk{LjQ32 WIJO\) __ ~ ~lAAA ~-~~~- Prlnt Name jddress Signa~~~ Date (\?'~ . .\;e. ]e.-vl-\.k~.t.\ \Obo Wt>Oc:\ Ave.. Ao c:Af~o/l'B Print Name Address Sl~ Dote .... -------------~--- Updated 7/1/17 Page 152 I I 5. Mailing List Page I 53 Name Address1 Address2 980 BRYAN LLC 980 E BRYAN AVE SALT LAKE CITY, UT 84 105-2310 AIR VIEW SERVICE INC 1646 S 1100 E SALT LAKE CITY, UT 84105-2440 ASZMANN, JOSEPH G 1059 E LOGAN AVE SALT LAKE CITY, UT 84 105-2409 BAIRD , J ENN IFE R 10 BROADRICK RD SINGAPORE, 43947-5 BA IRD , JENNIFER PO BOX 521237 SALT LAKE CITY , UT 84152-1237 BATES, DANIEL & JOSAL YN ; JT 1067 E WOOD AVE SALT LAKE CITY , UT 84105-2411 BA THEN , JOHN C 1033 E LOGAN AVE SALT LAKE CITY, UT 84105-2409 BENTLEY, ANNABEL & PA TRICK 1066 E BRYAN AVE SALT LAKE CITY, UT 84 105-2402 M; JT BERNHISEL, ASHLIE A 2 740 E W ILSHIRE DR SALT LAKE CITY, UT 84109-1 633 BEVACQUA, BRUCE & PAULA; JT 1020 E LOGAN AVE SALT LAKE CITY , UT 84105-2410 BICKNELL, RACHEL M; TR 1621 S 1000 E SALT LAKE CITY , UT 84105-2358 SIEGING, ER IK & KAISER, 1029 E LOGAN AVE SALT LAKE CITY, UT 84105-2409 JENNIFER; JT BLAKE, GARRY L 1598 S 1000 E SALT LAKE CITY , UT 84 105-2357 BLUHM, ALAN & PAMALA; TRS 1053 E LOGAN AVE SALT LAKE CITY , UT 84105-2409 BRATCHER, KATHLEEN A & 1019 E LOGAN AVE SALT LAKE CITY, UT 84105-2409 KERR, R ICHARD P ; JT BROWN , ROBERT B & LILIAN M 1038 E BRYAN AVE SALT LAKE CITY , UT 84105-2402 BRYAN WOOD CONDM COMMON 4285 S PARKVIEW DR SALT LAKE CI TY , UT 84124-3446 AREA MASTER CARD: BURT ON, STEPHEN M 2686 E SKYLINE DR SALT LAKE C ITY, UT 84108-2855 CARL, PAULA E; TR (PEC RE V LIV 1020 E WOOD AVE SALT LAKE C ITY , UT 84105-2412 TRUST) CLAYTON , ANDREA; TR (AC TR) 1038 E LOGAN AVE SALT LAKE C ITY , UT 84105-2410 CORTEZ, ALEX & JANET F; TC 1036 E LOGAN AVE SALT LAKE C ITY, UT 84105-2410 COYNE , DAV ID ; JT MILLER, 1056 E WOOD AVE SALT LAKE CITY, UT 84105-2412 OLIVIA; JT CROFT, ROGER G 1615 S 1000 E SALT LAKE CITY, UT 84105-2331 DEMKOV, JAMES S & CASSIDY; 1041 E 1700 S SALT LAKE CITY, UT 84105-3421 J T DONNER, PETER N 1034 E BRYAN AVE SALT LAKE C ITY, UT 84105-2402 EICHENBERGER, PAUL 1050 E BRYAN AVE SALT LAKE C ITY, UT 84105-2402 EM IGRATION CREEK LLC 6860 CANYON DR PARK CITY, UT 84098 FOLEY, DANIEL P & FOX-FOLEY, 2112 COUNTRY COVE CT LAS VEGAS, N V 89 135-1556 MARI SSA; J T FROST, KATHRYN A ; TR 1045 E 1700 S SALT LAKE CITY, UT 84105-3421 GARDNER, JOHN P ET AL 2050 S 1400 E STGEORGE , UT 84790 GARDNER, NOEL C & CONNIE L ; 1026 E LOGAN AVE SALT LAKE CITY, UT 84105-2410 TRS (G FA M TR) G-BAR VENTURES LLC 1570 S 1100 E SALT LAKE CITY , UT 84105-2441 GI ANNOPOULOS I NVESTMENTS 2537 S 1900 E SALT LAKE CITY, UT 84106-4153 LC GORDON , WILLIAM J PO BOX 521563 SALT LAKE CITY, UT 84152-1563 GREIS, PATRICK & HIRSHBERG, 1384 E YALE AVE SALT LAKE CITY, UT 84105-1613 ELIOTTE ; JT HAAG, M ICHELLE L 1568 S 1100 E SALT LAKE CITY, UT 84105-2441 HAINES , JAMES R ; TR 6931 S 825 E MIDVALE , UT 84047 HAK,KATE 1034 E WOOD AVE SALT LAKE CITY , UT 84105-2412 HALE , ABBEY & DRUMOND, 976 E BRYAN AVE SALT LAKE CITY , UT 84105-2310 TYLER; JT Page I 54 HARPER, PETER 1593 S 1000 E SALT LAKE C ITY , UT 84105-2379 HICKEN , DREW D & PAISLEE; 2397 E MAYWOOD DR SALT LAKE CITY, UT 84109-1609 TRS (D&PHFL TRUST} HIGGINS, TRINA A 1050 E WOOD AVE SALT LAKE CITY, UT 84105-2412 HINNERS, SARAH J & PASKO, 1648 S 1000 E SALT LAKE CITY , UT 84105-2359 CHRISTOPHER P ; JT HOFFMAN, BENGTA 1066 E WOOD AVE SALT LAKE CITY, UT 84105-2412 HUTCHISON , WARREN J & 1056 E LOGAN AVE SALT LAKE CITY, UT 84105-2410 BECKYW; JT J&DWT ET AL 3553 E SUTTON CIR COTTONWOOD HTS, UT 84121- 6150 JENSEN, JAN D PO BOX 526434 SALT LAKE CITY, UT 84152 -6434 JOHNSON, DAVID E & 1589 S 1000 E SALT LAKE CITY, UT 84105-2379 ANDERSON, SUSAN M; TRS KING, RAYMOND 1118 S W IND SOR ST SALT LAKE CITY, UT 84105-1312 LENART, JOSHUA & TANNER ; JT 1026 E WOOD AVE SALT LAKE CITY, UT 84105-2412 MORAHAN, JU STINE & LEBEDA, 1594 S 1000 E SALT LAKE CITY, UT 84 105-2357 KEITH T; TC NAY, CATRINA Y & TRAVIS W; JT 1590 S 1000 E SALT LAKE CITY, UT 84105-2357 NEIL PAYNE VELSEY FAM TR 864 GRAND AVE SAN DIEGO, CA 92109 THORNTON , RICHARD N; TR NELSON , TRENT L & LAURA Q; JT 1044 E BRYAN AVE SALT LAKE CITY, UT 84105-2402 NETMENDERS LLC 955 E LOGAN AVE SALT LAKE CITY, UT 84105-2329 NIELSON, WILLIAM F 1032 E LOGAN AVE SALT LAKE CITY, UT 84105-2410 OLSON, KEVIN 1028 E BRYAN AVE SALT LAKE CITY, UT 84105-2402 OPHEIKENS , STEVEN C & 1025 E LOGAN AVE SALT LAKE CITY, UT 84105-2409 ROBYN R; TR S (0 FAM TRUST} PAUL & KAREEN SWENSON FAM 1064 S 1100 E SALT LAKE CITY, UT 84105-1 521 TR ET AL PEDERSEN , BRENT S 1602 S 1000 E SALT LAKE CITY, UT 84105-2332 PINE , TIMOTHY A 1049 E LOGAN AVE SALT LAKE CITY, UT 84105-2409 POCOCK, DOROTHY V; TR 1435 S EL REY ST SALT L AKE CITY, UT 84108-2613 POOLE, CHRISTOPHER 1600 S 1100 E SALT L AKE CITY, UT 84105-2414 PRICE , NICKOLAS W; JT PRICE, 986 E BRYAN AVE SALT LAKE CITY, UT 84105-2310 CARLY; JT REDFORD , DONNALEY E 1633 S 1000 E SALT LAKE CITY, UT 84105-2358 Res ident 979 E LOGAN AVE Salt Lake City, UT 84105-2329 Resident 981 E LOGAN AVE Salt Lake City, UT 84105-2329 Resident 1606 S 1000 E Salt Lake City, UT 84105-2332 Resident 1640 S 1000 E #1 Sa lt Lake City, UT 84105-2378 Resident 1640 S 1000 E #2 Salt Lake City, UT 84105-2378 Resident 1640 S 1000 E #3 Salt Lake City, UT 84105-2 378 Resident 1640 S 1000 E #4 Salt Lake City, UT 84105-2378 Resident 1620 S 1000 E Salt Lake City, UT 84105-235 9 Resident 1573S 1000E #A Salt Lake City, UT 84105-2355 Residen t 1573S 1000 E #B Salt Lake City, UT 84105-2355 Resident 1573S 1000E #C Sa lt Lake City, UT 84105-2355 Resident 1573 S 1000 E #D Salt Lake City, UT 84105-2355 Resident 1007 E WOOD AVE Salt La ke City, UT 84105-2411 Resident 1575 S 1000 E Salt Lake City, UT 84105-2355 Resident 1022 E BRYAN AVE Salt Lake City, UT 84105-2402 Page I 55 Resident 1032 E WOOD AVE Sal t Lake City, UT 84105 -2412 Resident 1060 E WOOD AVE Salt Lake City, UT 84105 -241 2 Resident 1072 E WOOD AVE Salt Lake City, UT 84105-2412 Resident 1041 E LOGAN AVE Salt Lake City, UT 84105-2409 Resident 1043 E LOGAN AVE Sa lt Lake City, UT 84105-2409 Resident 1069 E LOGAN AVE Salt Lake City, UT 84105 -24 09 Resident 1592S1100E Salt Lak e City, UT 84105-2454 Resident 1594 S 1100 E Salt Lake City, UT 84105-2454 Resident 1604 S 1100 E Salt Lake City, UT 84105-2414 Resident 1616S1100E Salt Lake City, UT 84105-2414 Res ident 1627 S 1000 E Salt Lake City, UT 84105-2358 Resident 1005 E 1700 S Salt Lak e City, UT 84105-3421 Resident 1641 S 1000 E Salt Lak e City, UT 84105 -2358 Resident 1009 E 1700 S Salt Lake City, UT 84105 -3421 Resident 1011 E 1700S Sa lt Lake City, UT 84105-3421 Resident 1035 E 1700 S Salt Lake City, UT 84105-3421 Resident 1063 E 1700 S #1 Salt Lake City, UT 84105-3427 Resi dent 1063 E 1700 S #2 Sal t Lak e City, UT 84105 -3427 Resident 1063 E 1700 S #3 Salt Lake City, UT 84105 -3427 Resident 1063 E 1700 S #4 Salt Lake Ci t y, UT 84105-3427 Resident 1063 E 1700 S #5 Salt Lake City, UT 84105-3427 Resident 1063 E 1700 S #6 Salt Lak e City, UT 841 05-34 27 Resident 1067 E 1700 S #1 Sal t Lake City, UT 84105-3426 Resident 1067 E 1700 S #2 Salt Lake City, UT 84105-3426 Resident 1067 E 1700 S #3 Salt Lake City, UT 84105-3426 Resident 1067 E 1700 S #4 Sa lt Lake City, UT 84105-3426 Resident 1067 E 1700 S #5 Salt Lake City, UT 84105-3426 Resident 1067 E 1700 S #6 Salt Lake City, UT 84105 -3426 Resident 1624 S 1100 E Sa lt Lake City, UT 84105-2440 Resident 1640 S 1100 E Salt Lake City, UT 84105-2440 Resident 1068 E BRYAN AVE Salt Lake City, UT 84105-2402 Resident 1069 E WOOD AVE Salt Lake City, UT 84105 -241 1 Resident 1630 S 1000 E Sa lt Lake City, UT 84105-2359 Resident 1019 E 1700 S #1 Salt Lake City, UT 84105-3428 Resident 1019 E 1700 S #2 Salt Lake City, UT 84105-3428 Resident 1019 E 1700 S #3 Salt Lak e City, UT 84105 -3428 Resident 1019 E 1700S #4 Salt Lake City, UT 84105-3428 Residen t 1019E 1700S #5 Salt Lake City, UT 84105-3428 Resident 1019E 1700S #6 Sa lt Lake City, UT 84105-3428 RIMMASCH, SYLVIA & MARK H ; 1597 S 1000 E SALT LAKE CI T Y, UT 84105-2379 J T ROG ERS , DAVIS J & VAN ESSA H; 105 W SUMMER ST OJAI , CA 93023 JT ROMBOY , RODERICK P & 1067 E LOGAN AVE SALT LAKE CI T Y, UT 84105-2409 CONNIE J; JT SCHLAUDERAFF , CALE B; ET AL PO BOX 2222 SHELTON, WA 98584-5051 SIMPSON, GREGORY & JILLIAN; 1040 E LOGAN AVE SALT LAK E CI T Y, UT 84105-2410 JT SJ COMMERCIAL RENTALS, LLC 5334 S CASTLE GATE DR MURRAY, UT 84117-7363 Page ls6 SMITH, LONDA F & DE LA CRUZ, 1070 E BRYAN AVE SALT LAKE CITY, UT 84105-2402 ANA M ; JT SNOW, JINNY LEE ; TR (JLS REV 4285 S PARKVIEW DR SALT LAKE C ITY , UT 84124-3446 TR} STEELE, CHRISTOPHER & 1047 E 1700 S SALT LAKE CITY , UT 84105-3421 WANG, CHANG H; JT SUMSION, JOSEPH E & ANN H; 1039 E 1700 S SALT LAKE C ITY, UT 84105-3421 JT THOMAS, FRANK L; TR 1044 E WOOD AVE SALT LAKE CITY, UT 84105-2412 TRAYNHAM, LEE E 818 N QUINCY ST A PT2 103 ARLINGTON, VA 22203-2086 WHITEHALL, LLC 3505 S LITTLE FARM L N SALT LAKE CITY, UT 84109-3432 WINTERS, ALAN R & BRIDGETTE 1024 E BRYAN AVE SALT LAKE CITY, UT 84105-2402 A; JT WJM REAL ESTATE, LLC 1487 EARLINGTON DR SALT LAKE CITY, UT 84103-4427 WOODRU FF, A LYS IA 1 039 E LOGAN AVE SALT L AKE C ITY, UT 84105-2409 YORK FAMILY PARTNERSHIP , 2257S1100E SALT LAKE C ITY, UT 84106-2320 THE Anna Anglin -Salt La ke City PO Bo x 145480 Salt Lake City , Utah 84114 Planning Division Page I 57 Item H3 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 PUBLIC HEARING MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke and Sylvia Richards Budget Analysts DATE:May 18, 2021 UPDATED 2pm RE: Budget Amendment Number Nine FY21 MOTION 1 – CONTINUE PUBLIC HEARING I move that the Council continue the public hearing to June 1. Page | 1 1 7 8 1 4 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke and Sylvia Richards Budget and Policy Analysts DATE:May 4, 2021 RE: Budget Amendment Number Nine FY2021 ________________________________________________________________________________ Budget Amendment Number Nine includes requested changes to seven funds. Total expenditures are $10,039,223 including $390,659 from Fund Balance. If this budget amendment is approved as requested by the Administration, then the amount available in Fund Balance above the 13% minimum target would be $6,754,062. There are a total of 17 items in this amendment, including five in Section A (note that this doesn’t count four items removed prior to transmittal). Revenues Update The Administration has provided the following information regarding City revenues: “The City is currently projecting a $1.9 million decrease in budgeted revenue. The largest portion of the decrease is attributed to a $1.7 million decrease in Fines and Forfeitures, a $1.7 million decrease in Parking Meter Revenues and a $978 thousand decrease in Miscellaneous Revenues. These decreases are offset by a projected net increase of $1.4 million in Licenses and Permits as well as a $1.1 million over adopted budget increase in Sales Tax and a $750 thousand increase in sales tax attributable to Funding Our Future revenues. The increase in Licenses and Permits is in spite of airport parking/license tax showing a decrease due to decreased travel as a result of COVID. The decrease in airport parking and licenses is $2,045,000. Innkeepers’ tax has also been hit hard by COVID and is projecting a decrease of $1,717,500. According to the local news, hotels are experiencing 30% occupancy compared to this time of year in previous years. Business license are also expected to be below budget due to trends for apartment units, new business license and renew business licenses. These losses are offset by gains in permits & zoning building permits (+$1.1M), plan check fees (+$1.5M), and street excavation (+$1.96M due to a temporary boost from Google contract). Fines and Forfeitures are projected below budget due to a decrease in parking ticket revenue of $750k. Justice Court fines are down $185k, while moving violations are projected at a loss of $699k. The Justice Court is following the order of the Administrative Office of the Courts which is resulting in fewer court cases and no orders to pay fines, which are then subsequently not sent to collections and no warrants are being issued. Traffic school revenue is down $61k and vehicle booting is projected to be down $19k. Parking Meter Collection is slightly less than half of the previous fiscal year due to an overall decrease in traffic downtown. This is driving the significant decrease of $1.7 million. Additionally, Miscellaneous Revenue has also been affected by the pandemic with decreases in accounts receivable collections, special event revenue, fuel reimbursement due to the Mayor’s emergency declaration and utility reimbursement. Project Timeline: Set Date: May 4, 2021 1st Briefing: May 4, 2021 2nd Briefing (if needed): May 11, 2021 Public Hearing: May 18, 2021 Potential Action: June 1, 2021 Page | 2 1 7 8 1 4 Page | 3 1 7 8 1 4 Fund Balance Update Fund Balance remains above fifteen percent, after projected use of fund balance in the current amendment and the reduction in projected revenues. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 Salt Laker Card Raise Up SLC Program Update See Attachment 2 for a budget update through March 2021 In budget amendments #2 and #4 the Council approved a total of $1,426,264 for this program. The program has received $178,184 in donations from other organizations and individuals for a total budget of $1,604,448. The Community Foundation of Utah provides $500 pre-paid debit cards to other community-based organizations working with undocumented populations. The recipients are at or below the federal poverty line and mostly undocumented or mixed-status households where one family member is undocumented. Funding is targeted to City residents on a first come first served basis. When the Council approved funding last year the program expected to provide $500 cards to approximately 2,700 households that were ineligible for federal stimulus payments. Since then the Federal Government under a new administration changed the eligibility criteria for stimulus payments. The criteria were expanded to include mixed- status households. As a result, the number of Salt Lake City households eligible for the Salt Laker Card was significantly reduced; a household may only receive the federal stimulus or a Salt Laker Card. Approximately 1,000 households have received a pre-paid debit card under the program. As of March 31, 2021, the program spent nearly $500,000 on the pre-paid debit cards, another $349,000 is currently available but not distributed pre-paid debit cards and $75,164 was spent on administration and promotion expenses. This leaves a remaining unused budget of $680,284. Policy Questions: ➢Deadline to Use CARES Funds – The Council may wish to ask the Administration if unused funds will need to be returned to the Federal Government at a certain date. ➢Alternative Uses for $680,284 Remaining Budget – The Council may wish to ask if the Administration has a recommendation for how to use the remaining budget or may wish to discuss other CARES-eligible Council priorities. The Council may also wish to ask the Administration if the City has expenses eligible under the CARES Act which did not receive funding in earlier budget amendments and could use the funding this fiscal year. Amending Appointed Pay Plan On April 20 the Council amended the Appointed Pay Plan. The Administration is requesting another amendment to recognize an existing Deputy Chief of Staff in the Mayor’s Office. The position is already listed on the staffing document and was funded in the Council-adopted FY21 annual budget. The position has been vacant this fiscal year. Amending the Appointed Pay Plan to recognize the existing position is a housekeeping correction. If the Council supports this amendment, then it could be scheduled for a vote as soon as May 18. Impact Fees Update The Administration provided a summary of impact fee tracking, details on refunding amounts and dates and lists of unfinished projects with impact fee funding. The information is current as of April 1, 2021. $1,718 of police impact fees are scheduled to expire in April. The Administration reports work is nearing completion to update the fire and parks sections of the impact fee plan. Eligible projects for police impact fees are being identified. Type Unallocated Cash “Available to Spend”Next Refund Trigger Date Amount of Expiring Impact Fees Fire $930,142 More than a year away - Parks $7,097,114 More than a year away - Police $395,285 April 2021 $1,718 Transportation $5,013,594 More than a year away - Note: Encumbrances are an administrative function when impact fees are held under a contract Section A: New Items (note: to expedite the processing of this staff report, staff has included the Administration’s descriptions from the transmittal for some of these items) Page | 5 A-1: Withdrawn Prior to Transmittal A-2: Withdrawn Prior to Transmittal A-3: Withdrawn Prior to Transmittal A-4: Withdrawn Prior to Transmittal A-5: Budgeting for Inland Port Tax Revenue ($ - 0 - Budget Neutral) As part of the City's annual financial audit, the City was informed it needs to budget and account for City tax revenue within the boundaries of the Inland Port. Because the tax revenue is dispersed directly to the inland port, the City does not receive the tax revenue. The City will budget a line item to recognize the tax revenue and a corresponding expenditure account recognizing the pass-through, so City revenue is not overstated. A $500,000 portion of the Inland Port revenue was accounted for in Budget Amendment #7 of this fiscal year. This amendment will account for the remaining $483,242 in anticipated revenue. At the time of writing Budget Amendment #7, the City did not know when actual tax revenue would be determined. The final revenue allocation was received on March 30. A-6: Budgeting for Convention Hotel Tax Revenue ($ - 0 - Budget Neutral) As part of the City's annual financial audit, the City was informed it needs to budget and account for City tax revenue at the Convention Center Hotel. Because the tax revenue is dispersed directly to the convention hotel, the City does not receive the tax revenue. The City will budget a line item to recognize the tax revenue and a corresponding expenditure account, so City revenue is not overstated. This amendment is for the $10,116 in anticipated revenue. The hotel is being built on County-owned property. This means the property was tax-exempt and became taxable with the hotel construction. The GOED Development Board adopted a motion on November 6, 2018 which approved the following incentive package under authority of Utah Code 63N-2-503.5. Approve Salt Lake City CH, LLC for a post-performance, New Convention Facility Development, Incentive consisting of: Up to 100% of the new incremental State Sales Tax not to exceed $75,000,000 over 20 years Up to 100% of local (city and county) sales tax and property tax over 25 years Including conveyance of land from Salt Lake County to Salt Lake City CH, LLC State law includes language to hold the Redevelopment Agency (RDA) harmless for existing debt obligations (bonds). Some hotel increment could be used to meet RDA bond payments if needed in the future. The County is required to provide an annual report identifying tax increment generated by the hotel property. See Attachment 1 for a letter from the Salt Lake County Auditor that provides a breakdown of tax increment revenues being diverted by taxing entity. A-7: Presumption for CARES Act Funding – ($-293,067 – General Fund) The Council approved the use of unspent CARES funds for Fire personnel expenses. This amendment removes personnel expenses in Fire that were used for this method and passes the eligible budget from previously budgeted line items to Fire. Note that this item is related to items A-8 and E-2 below. The Administration provided the following accounting summary: 1. Salt Lake City received a 3rd bucket of federal money in December. This needed to be spent by the 21st of December and reported to Salt Lake County. This amount was $150,000. 2. Once all the actuals had been expensed for both the internet allowance and the hazard pay there was remaining budget. This amount needs to also be accounted for by December 21st, 2020 to Salt Lake County, and those remaining dollars were accounted for through Fire personnel expenses. 3. The Fire personnel services were used for both totals above. 4. Since these the expenses were reduced in the Fire Department the General Fund budget needs to be reduced as well Page | 6 5. This funding then becomes available to use for a General Fund use. The administration is requesting to use this funding to accommodate the Emergency Management Division relocating to the Fire Department. A-8: Fire Emergency Management Office Build Out – ($293,067 – General Fund) The Administration is proposing to use the third round of CARES Act funding ($150,000) and the remaining unspent amounts from the first two round ($143,067.36) to build office space for Emergency Management within the Fire Department. Emergency Management is growing and is currently limited in office space. The current staff reside on the 3rd floor of the PSB, many in spaces designed as common space or break-out rooms. Adjacent to this area, is open floor space that can be converted to office space. This would include 2 new Division Chief offices, 2 new Captain offices, plus cubicle space and open space. Construction budget is estimated at $275,000 plus furniture requirements of $42,000. Fire Department funds will be used to complete any additional costs not covered in this amendment. A-9: 911-ETM Security Platform – ($41,138 – E911 Fund) SLC911 has seen an unprecedented surge of digital attacks on their 911 and administrative lines. The result has been a telephone denial of service attack (TDoS) which means that a series of calls spoof incoming lines by merging other public safety answering points together, or robo calling which overwhelms lines for service. While we have been fortunate to date, we are seeing this behavior more frequently. Without this protection, our communities are at risk and it would have a devastating impact on the ability of the center to answer emergency calls. SLC911 is requesting emergency funding to purchase an enterprise voice network security platform. This platform includes hardware, software, and monitoring services. The managed services will monitor 911's administrative systems for threats and respond with specific recommendations to mitigate any attacks. This funding is requested to come from Fund 60, the E911 Tax Fund, not the General Fund. Hardware $9,685 Licensing $2,878 Installation/Training $3,375 Monitoring Services $25,200 Total Requested $41,138 Additional information such as whether or not there is an annual cost was forthcoming at the time of publishing this staff report. Section B: Grants for Existing Staff Resources Section (None) Section C: Grants for New Staff Resources Section (None) Section D: Housekeeping D-1: Police Impact Fee Refund – ($510,828 – Police Impact Fees) The City Council set aside funding for the purchase of property for an East Side Precinct using Police Impact Fees. The intended property did not work for an eastside police precinct and refunds of the impact fees are now required. These refunds will be funded primarily with previous unclaimed refunds. The Council may wish to inquire if the Administration is continuing to pursue an East Side Precinct given evolving conversations about the overall Public Safety service delivery model. D-2: Moving Transportation CIP Projects to CIP Fund – ($8,695,770 – CIP Fund) Currently the Transportation CIP projects reside in the Transportation fund. Because the fund is a governmental fund, assets will need to be carefully evaluated, capitalized, depreciated, and reported like the regular CIP funds. This is a time intensive project and one of the biggest bottle necks for the financial audit. To relieve some of this pressure, we request that the Transportation capital projects be moved to the CIP fund so they can be processed like the other CIP funds. The funds will be easily identifiable as being funded by the Transportation sales tax. No additional funding is required as this just moves the funds from the Transportation Fund to the CIP Fund. Note that all these funds are from the County quarter cent sales tax for transportation. Page | 7 D-3: Transfer CIP Funds to Refuse Fund – ($46,982 – CIP Fund) The Department of Sustainability is requesting a budget amendment to transfer $46,982 from CIP to the Environment and Energy Fund, reflecting the closing out of a previously funded project. During FY19 the Department of Sustainability transferred $240,000 to CIP to be used in conjunction with a Rocky Mountain Power Bluesky grant toward installing rooftop solar on the Sorenson Unity Center building. The Sorenson Rooftop Solar Project is now finished, and the department is requesting that the remaining unused funds of $46,982 be transferred back into the Environment and Energy Fund (E&E). Due to the shrinking E&E fund balance these funds are greatly needed and will be used to fund future sustainability projects and operations. D-4: Transfer Bond Funds from 700 West Cost Center to Bond Contingency – ($917,854 – CIP Fund) The budgetary estimate of construction costs for the 700 West Road Re-Construction Bond project was $2,000,000. 10% of these funds were assigned to an overall fund for bond contingencies. The 700 West Cost Center was, therefore, $1,800,000. 700 West was also eligible for $155,000 of Impact Fees. The bids for 700 West came in well below the budgeted amount. With the completion of construction and the application of Impact Fees, the 700 West project is $917,853.80 below the budgeted amount. This includes the hard and soft costs. These funds are being requested to be moved to one of the 2020 or 2021 contingency funds so the bond funds can be expended on upcoming bond road projects. D-5: Corrections for Debt Transfer Errors in Original Adopted Budget – ($78,291 – Fund Balance for Debt Service) During the chaos of the COVID pandemic, the estimated savings from existing cash in the debt service fund of $22,892 (see CIP book page A6) were subtracted twice. It is necessary to add additional budget to cover sales tax bonds. Additionally, the City also expected to realize savings from refunding the ESCO debt of $55,399 (see Budget Book page B21). As the bonds were evaluated in preparation for the refunding, there was not the estimated savings that were expected. The total amount needed is $78,291. D-6: Donation Fund Increase – ($200,000 – Donation Fund) There is a strong possibility that before the year-end the City will receive several large donations that will exceed the amount approved in the annual budget. It is necessary to have enough budget to accommodate all the donations and be underbudget by the end of the fiscal year and be in compliance for the audit. As of December 30th, 2020, there were approximately $80,000 in donations. If the expected donations are received, the City will need approximately $200,000 in budget. All donations are processed as required through the donation ordinance and will be reported in detail to Council after the end of the year. D-7: Fire Department – Reimbursement for Wildland/Search & Rescue Deployments – ($230,683 – General Fund) Personnel were deployed several times during Fall 2020. A team was mobilized to Hurricane Laura in August, a Search & Rescue team assisted in Oregon in September while simultaneously another team volunteered to fight their Wildfires. The department helped fight the California Wildfires in October. Finally, crews assisted in Utah County on the Ridge Fire. All costs associated with these deployments will be reimbursed to Salt Lake City. We are asking the City Council to approve this request to offset personnel costs that include overtime, benefits, and backfill. This proposal will make the fire department whole as well as the General Fund with offsetting revenues. The request is only for the amount of revenues we have received. Expenses Hurricane Laura - August 2020 $87,572.01 Oregon Wildfire Search & Rescue - September 2020 $234,201.93 Oregon Wildfire - September 2020 $243,468.67 California Wildfire - October 2020 $176,218.51 Utah County Ridge Fire - October 2020 $3,666.00 Total Expense Incurred $745,127.12 Revenues/Reimbursements Received Page | 8 Hurricane Laura 2/24/2021 $59,328.56 Oregon Search & Rescue 2/24/2021 $167,688.39 Utah County Ridge Fire 3/2/2021 $3,666.00 Reimbursement Rec'd $230,682.95 Remainder of Reimbursement will likely be received in FY22 and will be included in the Mayor’s Recommended Budget as a one-time revenue and expense line item. D-8: Fire Department – Other Reimbursements – ($59,126 – General Fund) The Fire Department has provided several services in which it expects to receive a reimbursement including: Fire Inspector overtime on behalf of the SLC Airport Redevelopment contractor, backfill costs caused by Utah Search and Rescue training at their request, Fire Watch services for the Vice Presidential Debate at the University of Utah, and finally cost recovery efforts from negligent accidents/incidents. Airport Redevelopment Inspector OT $7,671.50 Utah Search and Rescue (USAR) Training/Backfill $19,006.05 Cost Recovery $28,811.15 Vice Presidential Debate Fire Watch/Standby $3,637.45 Budget Amendment Total $59,126.15 D-9: Fire Department COVID Costs – ($605,435 – General Fund) COVID19 ERPL and Worker's Compensation claims caused by COVID19 have had a detrimental effect to the Fire Department's budget. While ERPL was very much appreciated by Fire personnel, it caused a dramatic rise in the cost of backfilling open shifts. The Fire Department has a 4-handed staffing mandate, meaning each apparatus will have 4 personnel and the department will "buy back" off duty personnel to fill any gaps. Many times, this cost is paid out at overtime. When Emergency Responders tested positive for COVID19, it was a presumptive positive, meaning it was assumed the infection was obtained while working on the job in their role for Salt Lake City. It is anticipated that some of these costs will eventually be reimbursed by FEMA. This request is for Worker's Compensation claims directly caused by COVID19, and ERPL associated backfill costs (Buybacks, Fullstaffs, OT, MRT OT). WC Claims $155,295 ERPL Backfill $450,140 Total $605,435 Section E: Grants Requiring No New Staff Resources E-1: Salt Lake County, CATNIP, Reconfigure Gilmer Drive – ($55,365 – CIP Fund) The Transportation Division received a follow up grant award from Salt Lake County for $55,365 to finish up the original 9 Line / 900 South Trail. The Gilmer Drive Intersection was not completed during the original contract period so the funds were unspent. The County issued a new Interlocal Agreement with the City to finish the project funding from the original Agreement. This funding is to reconfigure the Gilmer Drive Intersection; move and curb, add a landscaped separation between bikeway and roadway and install wayfinding signage. In FY18 The Transportation Division applied for and received a grant from Salt Lake County for $500,000 under the Countywide Active Transportation Network Improvement Program 2017. This grant is to be used for design and construction of the segment of the 9 Line / 900 South Trail between 900 East and 1300 East. Construction of the trail segment would occur in conjunction with road reconstruction from Lincoln (950 East) to 1300 East and the installation of wayfinding signs on 900 South and Gilmer Drive. This grant has a no match requirement. A public hearing was held on 12/12/17 on the original grant application for this award. Page | 9 E-2: CARES ACT Third Tranche – ($150,000 – Grant Fund) Salt Lake City received $150,000 from the third tranche of CARES Act funding. In BA#4 the Council authorized the Administration to use the presumption that any amount received in this tranche would cover costs associated with expenses within the Fire Department. This amendment formalizes that assumption, with the City recognizing the revenue and an expense associated with the award. Section F: Donations (None) Section G: Council Consent Agenda No. 3 – Grant Awards G-1: Utah State Department of Public Safety, Bureau of Forensic Services, FY20 Paul Coverdell Forensic Science Improvement Grant Program ($19,500 – Grant Fund) The police department is proposed as a sub-awardee in the Utah Department of Public Safety’s Bureau of Forensic Services (UBFS) application for the FY20 Paul Coverdell Forensic Science Improvement Grant Program. The state’s Application includes $19,500 for the police department’s Crime Laboratory to attain initial accreditation in 2021 through ANAB (ANSI National Accreditation Board) under ISO 17020 for Inspection Agencies. The Police Department received a subaward from UBFS’s FY19 Coverdell application to fund the application fee. The anticipated remaining accreditation costs, which will be funded through this FY20 award, include the assessment fee and the annual accreditation fee based on the laboratory’s scope of operations. A match is not required for this award. Section I: Council Added Items (None) ATTACHMENTS 1. County Auditor Letter on Convention Hotel 2020 Tax Increment Diversion 2. Salt Laker Card Budget Update through March 2021 ACRONYMS CARES Act – Coronavirus Aid, Relief, and Economic Security Act CATNIP Fund – (formerly) County Active Transportation Fund CIP – Capital Improvement Program CIT – Crisis Intervention Team ERPL – Emergency Response Pandemic Leave FEMA – Federal Emergency Management Agency FOF – Funding Our Future FY – Fiscal Year GF – General Fund MRT – Medical Response Team OT – Overtime PSB – Public Safety Building RDA – Redevelopment Agency UBFS – Utah Department of Public Safety’s Bureau of Forensic Services USAR – Utah Search and Rescue SCOTT TINGLEY CIA, CGAP Salt Lake County Auditor STingley@slco.org CHERYLANN JOHNSON MBA, CIA, CFE Chief Deputy Auditor CAJohnson@slco.org ROSWELL ROGERS Senior Advisor RRogers@slco.org STUART TSAI JD, MPA Property Tax Division Administrator STsai@slco.org SHAWNA AHLBORN Audit Services Division Administrator SAhlborn@slco.org OFFICE OF THE SALT LAKE COUNTY AUDITOR 2001 S State Street, N3-300 PO Box 144575 Salt Lake City, UT 84114-4575 (385) 468-7200; TTY 711 1-866-498-4955 / fax March 29, 2021 Redevelopment Agency of Salt Lake City Danny Walz Chief Operating Officer 451 South State St, Room 418 Salt Lake City, UT 84114 Dear Danny Walz, Pursuant to Utah Code Ann. § 63N-2-508 of the “New Convention Facility Development Incentives,” Salt Lake County shall retain incremental property tax revenue (IPTR) for tax year 2020. This reduces any tax increment financing that otherwise would have been paid to the host agency. Incremental value and revenue from an increase in the taxable value of hotel property are used as adjustments in the certified tax rate calculation pursuant to UCA § 59-2-924. For transparency of the use of taxpayer monies and to assist you with your budget preparation, our office is providing you with IPTR information. If you have questions on IPTR, please contact Greg Folta in the Salt Lake County Mayor’s Office of Financial Administration at (385) 468-7076, or gfolta@slco.org. Sincerely, Scott Tingley, CIA, CGAP Salt Lake County Auditor Enclosures INCREMENTAL PROPERTY TAX REVENUE - CONVENTION HOTEL TAX YEAR 2020 ENTITY Incremental Property Tax Revenue Central Utah Water Conservancy 1,143 County Assessing & Collecting Levy 600 Metropolitan Water District Of Salt Lake & Sandy (Slc) 757 Multi County Assessing & Collecting Levy 34 Salt Lake City 10,116 Salt Lake City Library 1,952 Salt Lake City Mosquito Abatement 349 Salt Lake City School 9,538 Salt Lake County Bond Interest & Sinking Fund 660 Salt Lake County Capital Improvement 206 Salt Lake County Clark Planetarium 74 Salt Lake County Flood Control 166 Salt Lake County General Fund 4,021 Salt Lake County Government Immunity 43 Salt Lake County Health Department 397 State Basic School Levy - Salt Lake City 4,652 Utah Charter School - Salt Lake City 231 Grand Total 34,939 Office of the Salt Lake County Auditor 3/25/2021 Income Statement 8/1/2020-3/31/2021 Fund: Salt Lake City Equity Fund Type Account Total Notes Revenue Support Donation from Salt Lake City Corporation (CARES) 1,401,264.00 Donation from Salt Lake City Corporation 25,000.00 Donation from Salt Lake City Corporation (Muslim League) 50,000.00 Donation from Salt Lake County 25,000.00 Individual/Foundation contributions (checks, Stripe) 103,184.68 Total Revenue $1,604,448.68 Expenses Expense Raise UP SLC Distribution 849,000.00 Utah Community Action 283,000.00 Card funds Comunidades Unidas 283,000.00 Card funds University Neighborhood Partners 283,000.00 Card funds Raise Up SLC Admin Grant 14,865.00 Utah Community Action 5,000.00 Comunidades Unidas 9,865.00 Accounts Payable 17,064.31 Love Communication 15,006.00 Initiative promotion Goodworld 1,148.31 Donation portal management Inlingua Utah 910.00 Translation services Bank/CC Fees 272.03 Community Foundation of Utah Admin Fee Expense 42,962.85 Total Expenses $924,164.19 Change in Net Assets $680,284.49 DEPARTMENT OF FINANCE POLICY AND BUDGET DIVISION 451 SOUTH STATE STREET, ROOM 238 PO BOX 145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394 ERIN MENDENHALL Mayor MARY BETH THOMPSON Chief Financial Officer CITY COUNCIL TRANSMITTAL ___________________________________ Date Received: ________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 20, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer SUBJECT: Budget Amendment # 9 SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 DOCUMENT TYPE: Budget Amendment Ordinance RECOMMENDATION: The Administration recommends that, subsequent to a public hearing, the City Council adopt the following amendments to the FY 2020 – 21 adopted budget. BUDGET IMPACT: REVENUE EXPENSE GENERAL FUND $ 439,809.00 $ 830,467.64 CAPITAL IMPROVEMENT FUND 8,751,135.00 8,798,117.37 DEBT SERVICE FUND 78,291.00 0.00 DONATION FUND 200,000.00 200,000.00 REFUSE FUND 46,982.37 0.00 E911 FUND 0.00 41,138.00 MISCELLANEOUS GRANT FUND 169,500.00 169,500.00 TOTAL $ 9,685,717.37 $ 10,039,223.01 Lisa Shaffer (Apr 20, 2021 17:34 MDT) BACKGROUND/DISCUSSION: Revenue for FY 2019-20 Budget Adjustments The Fiscal Year 2021 projections are coming in below budgeted revenues. The following chart shows a current projection of General Fund Revenue for fiscal year 2021. FY20-21 Variance Annual Revised Favorable Revenue Budget Forecast (Unfavorable) Property Taxes 111,418,455 111,418,455 - Sales and Use Tax 67,999,593 69,146,260 1,146,667 Franchise Tax 26,812,125 26,702,018 (110,107) PILOT Taxes 1,508,894 1,508,894 - TOTAL TAXES 207,739,067 208,775,627 1,036,560 License and Permits 28,601,482 30,071,777 1,470,295 Intergovernmental 4,444,400 4,146,157 (298,243) Interest Income 1,900,682 1,700,000 (200,682) Fines & Forfeiture 3,938,848 2,210,747 (1,728,101) Parking Meter Collection 3,432,962 1,705,187 (1,727,775) Charges and Services 4,428,069 4,219,771 (208,298) Miscellaneous Revenue 4,014,037 3,036,282 (977,755) Interfund Reimbursement 20,281,706 20,268,706 (13,000) Transfers 9,507,812 9,507,812 - TOTAL W/OUT SPECIAL TAX 288,289,065 285,642,067 (2,646,998) Sales and Use Tax - 1/2 cent 32,797,506 33,547,506 750,000 Sales and Use Tax - County Option - - - TOTAL GENERAL FUND 321,086,571 319,189,573 (1,896,998) The City is currently projecting a $1.9 million decrease in budgeted revenue. The largest portion of the decrease is attributed to a $1.7 million decrease in Fines and Forfeitures, a $1.7 million decrease in Parking Meter Revenues and a $978 thousand decrease in Miscellaneous Revenues. These decreases are offset by a projected net increase of $1.4 million in Licenses and Permits as well as a $1.1 million increase in Sales Tax and a $750 thousand increase in sales tax attributable to Funding Our Future revenues. The increase in Licenses and Permits is in spite of airport parking/license tax showing a decrease due to decreased travel as a result of COVID. The decrease in airport parking and licenses is $2,045,000. Innkeepers tax has also been hit hard by COVID and is projecting a decrease of $1,717,500. According to the local news, hotels are experiencing 30% occupancy compared to this time of year in previous years. Business license are also expected to be below budget due to trends for apartment units, new business license and renew business licenses. These losses are offset by gains in permits & zoning building permits (+$1.1M), plan check fees (+$1.5M), and street excavation (+$1.96M due to a temporary boost from Google contract). Fines and Forfeitures are projected below budget due to a decrease in parking ticket revenue of $750k. Justice Court fines are down $185k, while moving violations are projected wat a loss of $699k. The Justice Court is following the order of the Administrative Office of the Courts which is resulting in fewer court cases and no orders to pay fines, which are then subsequently not sent to collections and no warrants are being issued. Traffic school revenue is down $61k and vehicle booting is projected to be down $19k. Parking Meter Collection is slightly less than half of the previous fiscal year due to an overall decrease in traffic downtown. This is driving the significant decrease of $1.7 million. Additionally, Miscellaneous Revenue has also been affected by the pandemic with decreases in accounts receivable collections, special event revenue, fuel reimbursement due to the Mayor’s emergency declaration and utility reimbursement. Given the available information fund balance would be projected as follows: With the current use of fund balance from this budget amendment fund balance drops to 15.09%. 2019 Actual FOF GF Only TOTAL FOF GF Only TOTAL Beginning Fund Balance 56,104,269 10,372,054 69,441,955 79,814,009 6,625,050 82,617,126 89,242,176 Budgeted Change in Fund Balance (380,025) - (1,510,094) (1,510,094) 2,924,682 (7,810,302) (4,885,620) Prior Year Encumbrances (8,731,774) (3,105,004) (6,566,830) (9,671,834) (3,733,743) (6,165,453) (9,899,196) Estimated Beginning Fund Balance 46,992,470 7,267,050 61,365,031 68,632,081 5,815,989 68,641,371 74,457,360 Beginning Fund Balance Percent 14.57%18.17%20.64%20.35%17.34%23.66%23.00% Year End CAFR Adjustments Revenue Changes - - - - - - - Expense Changes (Prepaids, Receivable, Etc.) (3,701,982) - (4,127,838) (4,127,838) - (5,676,583) (5,676,583) Fund Balance w/ CAFR Changes 43,290,488 7,267,050 57,237,193 64,504,243 5,815,989 62,964,788 68,780,777 Final Fund Balance Percent 13.42%18.17%19.26%19.13%17.34%21.70%21.25% Budget Amendment Use of Fund Balance (1,858,647) (2,300,000) (13,070,734) (15,370,734) BA#1 Revenue Adjustment - - - BA#1 Expense Adjustment - - - BA#2 Revenue Adjustment - - - BA#2 Expense Adjustment - (288,488) (288,488) BA#3 Revenue Adjustment - - - BA#3 Expense Adjustment - (6,239,940) (6,239,940) BA#4 Revenue Adjustment - - - BA#4 Expense Adjustment - - - BA#5 Revenue Adjustment - (242,788) (242,788) BA#5 Expense Adjustment - (2,783,685) (2,783,685) BA#6 Revenue Adjustment - - - BA#6 Expense Adjustment - (63,673) (63,673) BA#7 Revenue Adjustment - 540,744 540,744 BA#7 Expense Adjustment - (6,582,824) (6,582,824) BA#8 Revenue Adjustment - - - BA#8 Expense Adjustment (1,000,000) (1,000,000) (2,000,000) BA#9 Revenue Adjustment - 439,809 439,809 BA#9 Expense Adjustment - (830,468) (830,468) Change in Revenue 3,149,980 758,000 6,069,370 6,827,370 750,000 (2,646,998) (1,896,998) Fund Balance Budgeted Increase 2,500,000 900,000 - 900,000 - - - - Adjusted Fund Balance 47,081,821 6,625,050 50,235,829 56,860,879 5,565,989 43,266,477 48,832,466 Adjusted Fund Balance Percent 14.60%16.56%16.90%16.86%16.59%14.91%15.09% Projected Revenue 322,562,293 40,000,000 297,251,407 337,251,407 33,547,506 290,132,520 323,680,026 2021 Projection2020 Projection Fund Balance Projections The Administration is requesting a budget amendment totaling $9,685,717.37 of revenue and expense of $10,039,223.01. The amendment proposes changes in the seven funds, with $390,658.64 from the General Fund fund balance. The proposal includes twenty-one initiatives for Council review. A summary spreadsheet document, outlining proposed budget changes is attached. The Administration requests this document be modified based on the decisions of the Council. The budget opening is separated in eight different categories: A. New Budget Items B. Grants for Existing Staff Resources C. Grants for New Staff Resources D. Housekeeping Items E. Grants Requiring No New Staff Resources F. Donations G. Council Consent Agenda Grant Awards I. Council Added Items PUBLIC PROCESS: Public Hearing SALT LAKE CITY ORDINANCE No. ______ of 2021 Ninth amendment to the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2020-2021) An Ordinance Amending Salt Lake City Ordinance No. 27 of 2020 which adopted the Final Budget of Salt Lake City, Utah, for the Fiscal Year Beginning July 1, 2020 and Ending June 30, 2021. In June of 2020, the Salt Lake City Council adopted the final budget of Salt Lake City, Utah, including the employment staffing document, effective for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-118 of the Utah Code. The City’s Budget Director, acting as the City’s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, including the amendments to the employment staffing document necessary to effectuate the staffing changes specifically stated herein, copies of which are attached hereto, for consideration by the City Council and inspection by the public. All conditions precedent to amend said budget, including the employment staffing document as provided above, have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this Ordinance is to amend the final budget of Salt Lake City, including the employment staffing document, as approved, ratified and finalized by Salt Lake City Ordinance No. 27 of 2020. SECTION 2. Adoption of Amendments. The budget amendments, including amendments to the employment staffing document necessary to effectuate the staffing changes 2 specifically stated herein, attached hereto and made a part of this Ordinance shall be, and the same hereby are adopted and incorporated into the budget of Salt Lake City, Utah, including the amendments to the employment staffing document described above, for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-128 of the Utah Code. SECTION 3. Filing of copies of the Budget Amendments. The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments, including amendments to the employment staffing document, in the office of said Budget Officer and in the office of the City Recorder which amendments shall be available for public inspection. SECTION 4. Effective Date. This Ordinance shall take effect upon adoption. Passed by the City Council of Salt Lake City, Utah, this _____ day of __________, 2021. ________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________ Mayor’s Action: ____ Approved ____ Vetoed _________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _________ of 2021. Published: ___________________. Salt Lake City Attorney’s Office Approved As To Form _________________________ Jaysen Oldroyd Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One-time FTEs 1 Withdrawn Prior to Transmittal 2 Withdrawn Prior to Transmittal 3 Withdrawn Prior to Transmittal 4 Withdrawn Prior to Transmittal 5 Inland Port Property Tax Revenue GF 483,242.00 - One-time - 5 Inland Port Property Tax Revenue GF (483,242.00) - One-time - 6 Convention Hotel Property Tax Revenue GF 10,116.00 - One-time - 6 Convention Hotel Property Tax Revenue GF (10,116.00) - One-time - 7 Presumption for CARES GF - (293,067.36)One-time - 7 Presumption for CARES Non-Departmental GF (143,067.36)One-time 7 Presumption fo CARES Fire Change from Non-Departmental GF 143,067.36 8 Fire Emergency Management Office Buildout GF 150,000.00 150,000.00 One-time - 9 911-ETM Security Platform E911 - 41,138.00 One-time - Fiscal Year 2020-21 Budget Amendment #9 Council ApprovedAdministration Proposed Section A: New Items Section C: Grants for New Staff Resources Section B: Grants for Existing Staff Resources 1 Fiscal Year 2020-21 Budget Amendment #9 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One-time FTEs 1 Police Impact Fee Refund CIP - (510,828.00)One-time - 1 Police Impact Fee Refund CIP - 438,897.00 One-time - 1 Police Impact Fee Refund CIP - 71,931.00 One-time - 2 Move Transportation CIP Projects to CIP Fund Transportation - (8,695,770.00)One-time - 2 Move Transportation CIP Projects to CIP Fund Transportation - 8,695,770.00 One-time - 2 Move Transportation CIP Projects to CIP Fund CIP 8,695,770.00 8,695,770.00 One-time - 3 Transfer CIP Funds to Refuse Fund CIP - 46,982.37 One-time - 3 Transfer CIP Funds to Refuse Fund Refuse 46,982.37 - One-time - 4 Transfer Bond Funds from 700 West Cost Center to Bond Contingency CIP - (917,854.00)One-time - 4 Transfer Bond Funds from 700 West Cost Center to Bond Contingency CIP - 917,854.00 One-time - 5 Corrections for Debt Transfer Errors in Original Adopted Budget GF - 78,291.00 One-time - 5 Corrections for Debt Transfer Errors in Original Adopted Budget Debt Service 78,291.00 - One-time - 6 Donation Fund Increase Donation 200,000.00 200,000.00 One-time - 7 Fire Department - Wildland/Search & Rescue Deployments GF 230,683.00 230,683.00 One-time - 8 Fire Department - Other Reimbursements GF 59,126.00 59,126.00 One-time - 9 Fire Department - COVID Costs GF - 605,435.00 One-time - 1 Salt Lake County, CATNIP, Reconfigure Gilmer Drive CIP 55,365.00 55,365.00 One-time - 2 CARES Act, third tranche Misc Grants 150,000.00 150,000.00 One-time - Council Approved Section D: Housekeeping Section F: Donations Section E: Grants Requiring No New Staff Resources Administration Proposed 2 Fiscal Year 2020-21 Budget Amendment #9 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One-time FTEs Consent Agenda #5 1 Utah State Dept. of Public Safety, Bureau of Forensic Services, FY 20 Paul Coverdell Forensic Science Improvement Grant Program Misc Grants 19,500.00 19,500.00 One-time - Total of Budget Amendment Items 9,685,717.37 10,039,223.01 - - - Total by Fund Class, Budget Amendment #9: General Fund GF 439,809.00 830,467.64 - - - Capital Improvement Program Fund CIP 8,751,135.00 8,798,117.37 - - - Debt Service Fund Debt Service 78,291.00 - - - - Donation Fund Donation 200,000.00 200,000.00 - - - Refuse Fund Refuse 46,982.37 - - - - E 911 Fund E911 - 41,138.00 - - - Miscellaneous Grants Fund Misc Grants 169,500.00 169,500.00 - - - - - - Total of Budget Amendment Items 9,685,717.37 10,039,223.01 - - - Administration Proposed Council Approved Section I: Council Added Items Section G: Council Consent Agenda -- Grant Awards 3 Fiscal Year 2020-21 Budget Amendment #9 Current Year Budget Summary, provided for information only FY 2020-21 Budget, Including Budget Amendments FY 2020-21 Adopted Budget BA #1 Total BA #2 Total BA #3 Total BA #4 Total BA #5 Total ^^ Total Through BA#5 ^^ General Fund (FC 10)326,130,003 288,487.58 6,184,940.00 2,783,685.00 335,387,115.58 Curb and Gutter (FC 20)3,000 3,000.00 DEA Task Force Fund (FC 41)1,763,746 1,763,746.00 Misc Special Service Districts (FC 46)1,550,000 1,550,000.00 Street Lighting Enterprise (FC 48)5,379,697 1,500.00 5,381,197.00 Water Fund (FC 51)126,333,193 296,750.00 126,629,943.00 Sewer Fund (FC 52)212,638,399 108,500.00 212,746,899.00 Storm Water Fund (FC 53)17,961,860 32,650.00 17,994,510.00 Airport Fund (FC 54,55,56)302,311,600 - 520,000.00 38,956,452.00 341,788,052.00 Refuse Fund (FC 57)16,515,438 53,200.00 2,742,500.00 19,311,138.00 Golf Fund (FC 59)8,484,897 8,484,897.00 E-911 Fund (FC 60)3,789,270 3,789,270.00 Fleet Fund (FC 61)19,209,271 93,000.00 19,302,271.00 IMS Fund (FC 65)18,289,687 237,000.00 18,526,687.00 County Quarter Cent Sales Tax for Transportation (FC 69) 7,571,945 7,571,945.00 CDBG Operating Fund (FC 71)3,509,164 3,063,849.00 6,573,013.00 Miscellaneous Grants (FC 72)8,261,044 716,764.00 5,925,738.42 5,925,738.00 7,818,505.00 28,647,789.42 Other Special Revenue (FC 73)- - Donation Fund (FC 77)2,380,172 2,380,172.00 Housing Loans & Trust (FC 78)23,248,016 23,248,016.00 Debt Service Fund (FC 81)37,519,401 (3,858,955.00) 33,660,446.00 CIP Fund (FC 83, 84 & 86)24,420,242 36,435,000.00 60,855,242.00 Governmental Immunity (FC 85)2,855,203 2,855,203.00 Risk Fund (FC 87)51,409,025 14,350.00 51,423,375.00 Total of Budget Amendment Items 1,221,534,273 716,764.00 7,463,826.00 45,141,392.00 5,925,738.00 49,091,934.00 1,329,873,927.00 4 Fiscal Year 2020-21 Budget Amendment #9 Current Year Budget Summary, provided for information only FY 2020-21 Budget, Including Budget Amendments ^^ FY 2020-21 Adopted Budget through BA#5 ^^ BA #6 Total BA #7 Total BA #8 Total BA #9 Total Total To-Date General Fund (FC 10)335,387,116 63,673.00 6,582,824.00 2,000,000.00 830,467.64 344,864,080 Curb and Gutter (FC 20)3,000 3,000 DEA Task Force Fund (FC 41)1,763,746 1,763,746 Misc Special Service Districts (FC 46)1,550,000 1,550,000 Street Lighting Enterprise (FC 48)5,381,197 5,038.00 5,386,235 Water Fund (FC 51)126,629,943 1,543,238.00 128,173,181 Sewer Fund (FC 52)212,746,899 241,206.00 212,988,105 Storm Water Fund (FC 53)17,994,510 67,282.00 18,061,792 Airport Fund (FC 54,55,56)341,788,052 859,674.00 342,647,726 Refuse Fund (FC 57)19,311,138 128,084.00 19,439,222 Golf Fund (FC 59)8,484,897 23,667.00 8,508,564 E-911 Fund (FC 60)3,789,270 41,138.00 3,830,408 Fleet Fund (FC 61)19,302,271 97,612.00 19,399,883 IMS Fund (FC 65)18,526,687 453,399.00 93,766.00 19,073,852 County Quarter Cent Sales Tax for Transportation (FC 69) 7,571,945 1,876.00 7,573,821 CDBG Operating Fund (FC 71)6,573,013 6,573,013 Miscellaneous Grants (FC 72)28,647,789 750,000.00 11,223,292.00 169,500.00 40,790,581 Other Special Revenue (FC 73)- 520,150.00 520,150 Donation Fund (FC 77)2,380,172 200,000.00 2,580,172 Housing Loans & Trust (FC 78)23,248,016 - 23,248,016 Debt Service Fund (FC 81)33,660,446 33,660,446 CIP Fund (FC 83, 84 & 86)60,855,242 1,293,732.00 1,361,866.14 8,798,117.37 72,308,958 Governmental Immunity (FC 85)2,855,203 5,296.00 2,860,499 Risk Fund (FC 87)51,423,375 3,836.00 51,427,211 Total of Budget Amendment Items 1,329,873,927 2,560,804.00 22,758,707.14 2,000,000.00 10,039,223.01 - 1,367,232,661 Budget Manager Analyst, City Council 5 Fiscal Year 2020-21 Budget Amendment #9 Contingent Appropriation 6 Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 1 Section A: New Items A-1: Withdrawn Prior to Transmittal A-2: Withdrawn Prior to Transmittal A-3: Withdrawn Prior to Transmittal A-4: Withdrawn Prior to Transmittal A-5: Inland Port Tax Revenue GF $0.00 Department: Finance Prepared By: John Vuyk As part of the City's annual financial audit, the City was informed it needs to budget and account for City tax revenue withi n the boundaries of the Inland Port. Because the tax revenue is dispersed directly to the inland port, the City does not receive the tax revenue. The City will budget a line item to recognize the tax revenue and a corresponding contra account so City revenue is not overstated. A $500,000 portion of the Inland Port revenue was accounted for in budget amendment #7 of this fiscal year. This amendment will account for the remaining $483,242 in anticipated revenue. A-6: Convention Hotel Tax Revenue GF $0.00 Department: Finance Prepared By: John Vuyk As part of the City's annual financial audit, the City was informed it needs to budget and account for City tax revenue at the Convention Center Hotel. Because the tax revenue is dispersed directly to the convention hotel, the City does not receive the tax revenue. The City will budget a line item to recognize the tax revenue and a corresponding contra account so City revenue is not overstated. This amendment is for the $10,116 in anticipated revenue. A-7: Presumption for CARES GF -$293,067.36 Department: Finance Prepared By: John Vuyk The Council approved the use of the assumption for any unspent funds from CARES. This amendment recognizes the removes personnel expenses in Fire that were used for the assumption and passes the eligible budget from previously budgeted line items to Fire. A-8: Fire Emergency Management Office Buildout GF $293,067.36 Department: Finance Prepared By: Mary Beth Thompson/ Clint Rasmussen The Administration is proposing to use the third traunche of CARES Act funding ($150,000) and the remaining unspent amounts from the first two traunches ($143,067.36) to build office space for Emergency Management within the Fire Department. Emergency Management is growing and is currently limited in office space. The current staff reside on the 3rd floor of the PSB, many in spaces designed as common space or break-out rooms. Adjacent to this area, is open floor space that can be converted to office space. This would include 2 new Division Chief offices, 2 new Captain offices, plus cubicle space and open space. Construction budget is estimated at $275,000 plus furniture requirements of $42,000. Fire Department funds will be used to complete any additional costs not covered in this amendment. Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 2 A-9: 911-ETM Security Platform E911 $41,138.00 Department: E911 Communications Prepared By: Clint Rasmussen SLC911 has seen an unprecedented surge of digital attacks on their 911 and administrative lines. The result has been a telephone denial of service attack (TDoS) which means that a series of calls spoof incoming lines by merging other public safety answering points together, or robo calling which overwhelms lines for service. While we have been fortunate to date, we are seeing this behavior more frequently. Without this protection, our communities are at risk and it would have a devastating impact on the ability of the center to answer emergency calls. SLC911 is requesting emergency funding to purchase an enterprise voice network security platform. This platform includes hardware, software, and monitoring services. The managed services will monitor 911's administrative systems for threats and respond with specific recommendations to mitigate any attacks. This funding is requested to come from Fund 60, the E911 Tax Fund, not the General Fund. Hardware $9,685 Licensing $2,878 Installation/Training $3,375 Monitoring Services $25,200 Total Requested $41,138 Section B: Grants for Existing Staff Resources Section C: Grants for New Staff Resources Section D: Housekeeping D-1: Police Impact Fee Refund Impact Fees -$510,828.00 Impact Fees $510,828.00 Department: Finance Prepared By: John Vuyk / Mike Atkinson The City Council set aside funding for the purchase of property using Police Impact Fees. The intended property did not work for the police precinct and refunds of the impact fees are now required. These refunds will be funded with proceeds from unclaimed refunds from Cost Center 8417006. The remaining funds in 8417006 will be returned to 8484001. D-2: Moving Transportation CIP Projects to CIP Fund Trans -$8,695,770.00 Trans $8,695,770.00 CIP $8,695,770.00 Department: Finance Prepared By: Mike Atkinson Currently the Transportation CIP projects reside in the Transportation fund. Because the fund is a governmental fund, assets will need to be carefully evaluated, capitalized, depreciated and reported like the regular CIP funds. This is a time intensive project and one of the biggest bottle necks for the financial audit. To relieve some of this pressure, we request that the Transportation capital projects be moved to the CIP fund so they can be processed like the other CIP funds. The funds will be easily identifiable as being funded by the Transportation sales tax. No additional funding is required as this just moves the funds from the Transportation Fund to the CIP Fund. Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 3 D-3: Transfer CIP Funds to Refuse Fund CIP $46,982.37 Department: Sustainability Prepared By: Gregg Evans The Department of Sustainability is requesting a budget amendment to transfer $46,982 from CIP to the Envi ronment and Energy Fund 00577 within the Refuse Fund Class 57. During FY19 the Department of Sustainability transferred $240,000 to CIP (CC 8320715) to be used in conjunction with an RMP Bluesky grant toward installing rooftop solar on the Sorenson Unity Center building. The Sorenson Rooftop Solar Project is now finished, and the department is requesting that the remaining unused funds of $46,982 be transferred back into the Environment and Energy Fund (E&E) within the Refuse Fund Class 57. Due to the shrinking E&E fund balance these funds are greatly needed and will be used to fund future sustainability projects and operations. D-4: Transfer Bond Funds from 700 West Cost Center to Bond Contingency CIP -$917,854.00 CIP $917,854.00 Department: Community & Neighborhoods Prepared By: John Vuyk The budgetary estimate of construction costs for the 700 West Road Re-Construction Bond project was $2,000,000. 10% of these funds were assigned to the 2020 Bond Contingency Fund. The 700 West Cost Center was, therefore, $1,800,000. 700 West was also eligible for $155,000 of Impact Fees. The bids for 700 West came in well below the budgeted amount. With the completion of construction and the application of Impact Fees, the 700 West project is $917,853.80 below the budgeted amount. This includes the hard and soft costs. These funds are being requested to be moved to one of the 2020 or 2021 contingency fu nds so the bond funds can be expended on upcoming bond road projects. D-5: Corrections for Debt Transfer Errors in Original Adopted Budget GF $78,291.00 Debt Service $78,291.00 Department: Finance Prepared By: Russ Sundquist During the chaos of the COVID pandemic, the estimated savings from existing cash in the debt service fund of $22,892 (see CIP book page A6) were subtracted twice. It is necessary to add additional budget to cover sales tax bonds. Additionally, the City also expected to realize savings from refunding the ESCO debt of $55,399 (see Budget Book page B21). As the bonds were evaluated in preparation for the refunding, there was not the estimated savings that were expected. The total amount needed is $78,291. D-6: Donation Fund Increase Donation $200,000.00 Department: Finance Prepared By: Teresa Beckstrand There is a strong possibility that before the year-end we will receive several large donations that will exceed the amount approved in the annual budget. It is necessary to have enough budget to accommodate all the donations and be under budget by the end of the fiscal year and be in compliance for the audit. As of December 30th, 2020 there were approximately $80,000 in donations. If the expected donations are received, we will need approximately $200,000 in budget. All donations are processed as required through the donation ordinance and will be reported in detail to Council after the end of the year. Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 4 D-7: Fire Department – Wildland/Search & Rescue Deployments GF $230,683.00 Department: Fire Prepared By: Clint Rasmussen Personnel were deployed several times during Fall 2020. A team was mobilized to Hurricane Laura in August, a Search & Rescue team assisted in Oregon in September while simultaneously another team volunteered to fight their Wildfires. The department helped fight the California Wildfires in October. Finally, crews assisted in Utah County on the Ridge Fire. All costs associated with these deployments will be reimbursed to Salt Lake City. We are asking the City Council to approve this request to offset personnel costs that include overtime, benefits, and backfill. This proposal will make the fire department whole as well as the General Fund with offsetting revenues. The request is only for the amount of revenues we have received. Expense Hurricane Laura - August 2020 $ 87,572.01 Oregon Wildfire Search & Rescue - September 2020 $234,201.93 Oregon Wildfire - September 2020 $243,468.67 California Wildfire - October 2020 $ 176,218.51 Utah County Ridge Fire - October 2020 $ 3,666.00 Total Expense Incurred $745,127.12 Revenue/Reimbursement Received Hurricane Laura $ 59,328.56 2/24/2021 Oregon Search & Rescue $167,688.39 2/24/2021 Utah County Ridge Fire $ 3,666.00 3/2/2021 Reimbursement Rec'd $230,682.95 Remainder of Reimbursement will likely be received in FY22 and will be included in the Mayor’s Recommended Budget as a one-time revenue and expense line item. D-8: Fire Department – Other Reimbursements GF $59,126.00 Department: Fire Prepared By: Clint Rasmussen The Fire Department has provided several services in which it expects to receive a reimbursement including: Fire Inspector overtime on behalf of the SLC Airport Redevelopment contractor, backfill costs caused by Utah Search and Rescue training at their request, Fire Watch services for the Vice Presidential Debate at the University of Utah, and finally cost recovery efforts from negligent accidents/incidents. Airport Redevelopment Inspector OT $ 7,671.50 Utah Search and Rescue (USAR) Training/Backfill $19,006.05 Cost Recovery $28,811.15 Vice Presidential Debate Fire Watch/Standby $ 3,637.45 Budget Amendment Total $59,126.15 Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 5 D-9: Fire Department COVID Costs GF $605,435.00 Department: Fire Prepared By: Clint Rasmussen COVID19 ERPL and Worker's Compensation claims caused by COVID19 have had a detrimental effect to the Fire Department's budget. While ERPL was very much appreciated by Fire personnel, it caused a dramatic rise in the cost of backfilling open shifts. The Fire Department has a 4-handed staffing mandate, meaning each apparatus will have 4 personnel and the department will "buy back" off duty personnel to fill any gaps. Many times, this cost is paid out at overtime. When Emergency Responders tested positive for COVID19, it was a presumptive positive, meaning it was assumed the infection was obtained while working on the job in their role for Salt Lake City. It is anticipated that some of these costs will eventually be reimbursed by FEMA. This request is for Worker's Compensation claims directly caused by COVID19, and ERPL associated backfill costs (Buybacks, Fullstaffs, OT, MRT OT). WC Claims $155,295 ERPL Backfill $450,140 Total $605,435 Section E: Grants Requiring No New Staff Resources E-1: Salt Lake County, CATNIP, Reconfigure Gilmer Drive CIP $55,365.00 Department: Finance Prepared By: Melyn Osmond The Transportation Division received a follow up grant award from Salt Lake County for $55,365 to finish up the original 9 Line / 900 South Trail. The Gilmer Drive Intersection was not completed during the original contract period so the funds were unspent. The County issued a new Interlocal Agreement with the City to finish the project funding from the original Agreement. This funding is to reconfigure the Gilmer Drive Intersection; move and curb, add a landscaped separation between bikeway and roadway and install wayfinding signage. In FY18 The Transportation Division applied for and received a grant from Salt Lake County for $500,000 under the Countywide Active Transportation Network Improvement Program 2017. This grant is to be used for design and construction of the segment of the 9 Line / 900 South Trail between 900 East and 1300 East. Construction of the trail segment would occur in conjunction with road reconstruction from Lincoln (950 East) to 1300 East and the installation of wayfinding signs on 900 South and Gilmer Drive. This grant has a no match requirement. A public hearing was held on 12/12/17 on the original grant application for this award. E-2: CARES Act, third tranche Grant $150,000.00 Department: Finance Prepared By: Melyn Osmond Salt Lake City received $150,000 from the third tranche of CARES Act funding. In BA#4 the Council authorized the Administration to use the presumption that any amount received in this tranche would cover costs associated with expenses within the Fire Department. This amendment formalizes that assumption, with the City recognizing the revenue and an expense associated with the award. Salt Lake City FY 2020-21 Budget Amendment #9 Initiative Number/Name Fund Amount 6 The County issued a new Interlocal Agreement with the City to finish the project funding from the original Agreement. This funding is to reconfigure the Gilmer Drive Intersection; move and curb, add a landscaped separation between bikeway and roadway and install wayfinding signage. In FY18 The Transportation Division applied for and received a grant from Salt Lake County for $500,000 under the Countywide Active Transportation Network Improvement Program 2017. This grant is to be used for design and construction of the segment of the 9 Line / 900 South Trail between 900 East and 1300 East. Construction of the trail segment would occur in conjunction with road reconstruction from Lincoln (950 East) to 1300 East and the installation of wayfinding signs on 900 South and Gilmer Drive. This grant has a no match requirement. A public hearing was held on 12/12/17 on the original grant application for this award. Section F: Donations Section G: Consent Agenda Consent Agenda #5 G-1: Utah State Dept. of Public Safety, Bureau of Forensic Services, FY 20 Paul Coverdell Forensic Science Improvement Grant Program Misc Grants $19,500.00 Department: Police Prepared By: Jordan Smith / Melyn Osmond The police department is proposed as a sub-awardee in the Utah Department of Public Safety’s Bureau of Forensic Services (UBFS) application for the FY20 Paul Coverdell Forensic Science Improvement Grant Program. The state’s application includes $19,500 for the police department’s Crime Laboratory to attain initial accreditation in 2021 through ANAB (ANSI National Accreditation Board) under ISO 17020 for Inspection Agencies. The Police Department received a subaward from UBFS’s FY19 Coverdell application to fund the application fee. The anticipated remaining accreditation costs, which will be funded through this FY20 award, include the assessment fee and the annual accreditation fee based on the laboratory’s scope of operations. A match is not required for this award. Section I: Council Added Items Impact Fees ‐ Summary Confidential Data pulled 4/01/2021 Unallocated Budget Amounts: by Major Area Area Cost Center UnAllocated Cash Notes: Impact fee - Police 8484001 395,285$ A Impact fee - Fire 8484002 930,142$ B Impact fee - Parks 8484003 7,097,114$ C Impact fee - Streets 8484005 5,013,594$ D 13,436,135$ Expiring Amounts: by Major Area, by Month 202007 (Jul2020)2021Q1 -$ -$ -$ -$ -$ 202008 (Aug2020)2021Q1 -$ -$ -$ -$ -$ 202009 (Sep2020)2021Q1 -$ -$ -$ -$ -$ 202010 (Oct2020)2021Q2 -$ -$ -$ -$ -$ 202011 (Nov2020)2021Q2 -$ -$ -$ -$ -$ 202012 (Dec2020)2021Q2 -$ -$ -$ -$ -$ 202101 (Jan2021)2021Q3 -$ -$ -$ -$ -$ 202102 (Feb2021)2021Q3 16,273$ ^ 1 -$ -$ -$ 16,273$ 202103 (Mar2021)2021Q3 16,105$ ^ 1 -$ -$ -$ 16,105$ Current Month 202104 (Apr2021)2021Q4 1,718$ ^ 1 -$ -$ -$ 1,718$ 202105 (May2021)2021Q4 14,542$ ^ 1 -$ -$ -$ 14,542$ 202106 (Jun2021)2021Q4 30,017$ ^ 1 -$ -$ -$ 30,017$ 202107 (Jul2021)2022Q1 10,107$ ^ 1 -$ -$ -$ 10,107$ 202108 (Aug2021)2022Q1 6,804$ ^ 1 -$ -$ -$ 6,804$ 202109 (Sep2021)2022Q1 5,554$ ^ 1 -$ -$ -$ 5,554$ 202110 (Oct2021)2022Q2 3,106$ ^ 1 -$ -$ -$ 3,106$ 202111 (Nov2021)2022Q2 -$ -$ -$ -$ -$ 202112 (Dec2021)2022Q2 -$ -$ -$ -$ -$ 202201 (Jan2022)2022Q3 -$ -$ -$ -$ -$ 202202 (Feb2022)2022Q3 -$ -$ -$ -$ -$ 202203 (Mar2022)2022Q3 -$ -$ -$ -$ -$ 202204 (Apr2022)2022Q4 -$ -$ -$ -$ -$ 202205 (May2022)2022Q4 -$ -$ -$ -$ -$ 202206 (Jun2022)2022Q4 -$ -$ -$ -$ -$ 202207 (Jul2022)2023Q1 -$ -$ -$ -$ -$ 202208 (Aug2022)2023Q1 -$ -$ -$ -$ -$ 202209 (Sep2022)2023Q1 -$ -$ -$ -$ -$ 202210 (Oct2022)2023Q2 -$ -$ -$ -$ -$ 202211 (Nov2022)2023Q2 -$ -$ -$ -$ -$ 202212 (Dec2022)2023Q2 -$ -$ -$ -$ -$ 202301 (Jan2023)2023Q3 -$ -$ -$ -$ -$ 202302 (Feb2023)2023Q3 -$ -$ -$ -$ -$ 202303 (Mar2023)2023Q3 -$ -$ -$ -$ -$ 202304 (Apr2023)2023Q4 118$ -$ -$ -$ 118$ 202305 (May2023)2023Q4 469$ -$ -$ -$ 469$ 202306 (Jun2023)2023Q4 276$ -$ -$ -$ 276$ Total, Currently Expiring through June 2021 78,656$ -$ -$ -$ 78,656$ Notes ^1 FY 2 0 2 3 Calendar Month 1/26/21: We are currently in a refund situation. We will refund $104k in the next 9 months without offsetting expenditures Fi s c a l Y e a r 2 0 2 1 FY 2 0 2 2 Fiscal Quarter E = A + B + C + D Police Fire Parks Streets Total Impact Fees Confidential Data pulled 4/01/2021 AAA BBB CCC DDD = AAA - BBB - CCC Police Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Crime lab rent 8417001 -$ 118$ -$ (118)$ Eastside Precint 8419201 21,639$ 21,639$ -$ -$ Sugarhouse Police Precinct 8417016 10,331$ 10,331$ -$ -$ Public Safety Building Replcmn 8405005 14,068$ 14,068$ -$ 0$ A Police'sConsultant'sContract 8419205 5,520$ 3,507$ 1,955$ 58$ Police Refunds 8418013 539,687$ -$ 69,291$ 470,396$ Police impact fee refunds 8417006 510,828$ -$ -$ 510,828$ PolicePrecinctLandAquisition 8419011 1,410,243$ 239,836$ -$ 1,170,407$ Grand Total 2,512,316$ 289,499$ 71,246$ 2,151,572$ Fire Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Fire refunds 8416007 82,831$ -$ -$ 82,831$ Fire Station #14 8415001 6,650$ 6,083$ 567$ -$ Fire Station #14 8416006 52,040$ -$ 7,428$ 44,612$ Fire Station #3 8415002 1,568$ -$ -$ 1,568$ Fire Station #3 8416009 1,050$ 96$ 485$ 469$ Impact fee - Fire 8484002 -$ -$ -$ -$ Impact fee - Parks 8484003 -$ -$ -$ -$ Impact fee - Streets Westside 8484005 -$ -$ -$ -$ B Study for Fire House #3 8413001 15,700$ -$ -$ 15,700$ FireTrainingCenter 8419012 46,550$ -$ 46,550$ -$ Fire'sConsultant'sContract 8419202 10,965$ 6,966$ 3,941$ 58$ FY20 FireTrainingFac. 8420431 66,546$ -$ 10,516$ 56,031$ Fire Station #3 Debt Service 8421200 541,106$ -$ 541,106$ -$ Grand Total 1,164,177$ 13,145$ 949,764$ 201,268$ Parks Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Three Creeks Confluence 8419101 173,017$ 39,697$ 133,320$ -$ Impact fee - Fire 8484002 -$ -$ -$ -$ Impact fee - Parks 8484003 -$ -$ -$ -$ Impact fee - Streets Westside 8484005 -$ -$ -$ -$ Park'sConsultant'sContract 8419204 7,643$ 6,388$ 1,213$ 42$ 337 Community Garden, 337 S 40 8416002 277$ -$ -$ 277$ Folsom Trail/City Creek Daylig 8417010 766$ -$ 470$ 296$ Cwide Dog Lease Imp 8418002 24,056$ 23,000$ 270$ 786$ C Rosewood Dog Park 8417013 16,087$ -$ 14,977$ 1,110$ Jordan R 3 Creeks Confluence 8417018 11,856$ -$ 10,287$ 1,570$ 9line park 8416005 86,322$ 20,952$ 63,114$ 2,256$ Jordan R Trail Land Acquisitn 8417017 2,946$ -$ -$ 2,946$ Fairmont Park Lighting Impr 8418004 50,356$ 43,597$ 605$ 6,155$ Parks and Public Lands Compreh 8417008 7,500$ -$ -$ 7,500$ FY Rich Prk Comm Garden 8420138 27,478$ 4,328$ 14,683$ 8,467$ Redwood Meadows Park Dev 8417014 15,939$ -$ 6,589$ 9,350$ ImperialParkShadeAcct'g 8419103 10,830$ -$ -$ 10,830$ Park refunds 8416008 11,796$ -$ -$ 11,796$ Warm Springs Off Leash 8420132 27,000$ -$ 6,589$ 20,411$ JR Boat Ram 8420144 125,605$ 16,546$ 49,104$ 59,956$ Cnty #2 Match 3 Creek Confluen 8420426 515,245$ 407,516$ 37,648$ 70,081$ IF Prop Acquisition 3 Creeks 8420406 350,000$ -$ 257,265$ 92,736$ Parks Impact Fees 8418015 102,256$ -$ -$ 102,256$ UTGov Ph2 Foothill Trails 8420420 200,000$ 35,506$ 51,934$ 112,560$ FY20 Bridge to Backman 8420430 727,000$ 571,809$ 4,080$ 151,111$ 9Line Orchard 8420136 195,045$ -$ -$ 195,045$ Waterpark Redevelopment Plan 8421402 225,000$ -$ -$ 225,000$ Trailhead Prop Acquisition 8421403 275,000$ -$ -$ 275,000$ Bridge to Backman 8418005 350,250$ 12,980$ 54,332$ 282,939$ Parley's Trail Design & Constr 8417012 327,678$ 979$ -$ 326,699$ Cnty #1 Match 3 Creek Confluen 8420424 400,000$ -$ -$ 400,000$ Jordan Prk Event Grounds 8420134 431,000$ -$ -$ 431,000$ Wasatch Hollow Improvements 8420142 490,830$ -$ -$ 490,830$ Fisher House Exploration Ctr 8421401 540,732$ -$ -$ 540,732$ Marmalade Park Block Phase II 8417011 1,145,394$ 46,474$ 33,569$ 1,065,351$ Fisher Carriage House 8420130 1,098,764$ -$ -$ 1,098,764$ Pioneer Park 8419150 3,442,199$ 274,321$ 46,898$ 3,120,981$ Grand Total 11,415,868$ 1,504,094$ 786,943$ 9,124,831$ Streets Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Impact fee - Streets Westside 8484005 -$ -$ -$ -$ IF Roundabout 2000 E Parleys 8420122 455,000$ -$ 455,000$ -$ 500 to 700 S 8418016 575,000$ 96,637$ 478,363$ -$ LifeOnState Imp Fee 8419009 124,605$ -$ 124,605$ -$ Impact fee - Parks 8484003 -$ -$ -$ -$ 700 South Reconstruction 8414001 310,032$ -$ 310,032$ -$ 700 South Reconstruction 8415004 1,157,506$ 2,449$ 1,155,057$ -$ Impact fee - Fire 8484002 -$ -$ -$ -$ D Transportation Safety Improvem 8417007 22,360$ -$ 20,821$ 1,539$ Gladiola Street 8406001 16,544$ 13,865$ 435$ 2,244$ Street'sConsultant'sContract 8419203 39,176$ 17,442$ 9,360$ 12,374$ Trans Master Plan 8419006 13,000$ -$ -$ 13,000$ 500/700 S Street Reconstructio 8412001 41,027$ 21,799$ 3,319$ 15,909$ Transp Safety Improvements 8420110 250,000$ 142,326$ 69,591$ 38,083$ 1300 S Bicycle Bypass (pedestr 8416004 42,833$ -$ -$ 42,833$ Complete Street Enhancements 8420120 125,000$ 6,020$ 61,182$ 57,798$ Trans Safety Improvements 8419007 210,752$ 69,002$ 56,815$ 84,935$ Indiana Ave/900 S Rehab Design 8412002 124,593$ -$ -$ 124,593$ Transportation Safety Imp 8418007 147,912$ 1,264$ 8,990$ 137,658$ 9 Line Central Ninth 8418011 152,500$ -$ -$ 152,500$ Bikeway Urban Trails 8418003 200,000$ -$ -$ 200,000$ TransportationSafetyImprov IF 8421500 375,000$ 72,947$ -$ 302,053$ IF Complete Street Enhancement 8421502 625,000$ -$ -$ 625,000$ Traffic Signal Upgrades 8419008 251,316$ -$ 15,688$ 235,628$ Traffic Signal Upgrades 8420105 300,000$ -$ -$ 300,000$ Traffic Signal Upgrades 8421501 875,000$ -$ -$ 875,000$ Street Improve Reconstruc 20 8420125 2,858,090$ -$ 607,870$ 2,250,220$ Grand Total 9,292,247$ 443,752$ 3,377,127$ 5,471,368$ Total 24,384,609$ 2,250,490$ 5,185,080$ 16,949,039$ E = A + B + C + D TRUE TRUE TRUE TRUE 7,097,114$ 5,013,594$ 13,436,135$ 8484002 8484003 8484005 395,285$ $930,142 8484001 UnAllocated Budget Amount 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ______ of 2021 (Appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees) An ordinance appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding dated effective June 28, 2020 between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees. PREAMBLE The City Council, in Salt Lake City Ordinance No. ______ of 2020, approved a Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004, as the certified bargaining representative for eligible employees. The Memorandum of Understanding is a three-year agreement. The Memorandum of Understanding is subject to appropriation of funds by the City Council. The City Council, therefore, wishes to appropriate funds to implement the provisions of the Memorandum of Understanding, as negotiated by the City and the American Federation of State, County, and Municipal Employees Local 1004, for fiscal year 2022. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding approved by the City Council in Salt Lake City Ordinance No. ____ of 2020 between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004. 2 SECTION 2. APPROPRIATION. The City Council hereby appropriates necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004, as approved by the City Council in Salt Lake City Ordinance No. _____ of 2020. SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the Memorandum of Understanding between the City and the American Federation of State, County, and Municipal Employees Local 1004. SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on July ___, 2021. Passed by the City Council of Salt Lake City, Utah, this ____ day of June, 2021. ______________________________ CHAIRPERSON ATTEST: _______________________________ CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved as to Form Date:__________________ By:_______________________ Jonathan Pappasideris Jonathan Pappasideris 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ______ of 2021 (Approving a Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011) An ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which Memorandum of Understanding shall become effective upon proper ratification and signature. PREAMBLE Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees, have agreed to a Memorandum of Understanding pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which Memorandum of Understanding shall become effective upon proper ratification and signature. Section 6 of the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 provides that a memorandum of understanding requires the City Council to approve the memorandum of understanding, enact implementing legislation, and appropriate all required funds. The Memorandum of Understanding is a three-year agreement effective for fiscal years 2022-2024. The Memorandum of Understanding is subject to appropriation of funds by the City Council and the City Council hereby appropriates funds to implement the provisions of the Memorandum of Understanding, as negotiated by Salt Lake City Corporation and the International Association of Firefighters Local 81, for fiscal year 2022. 2 Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees, and to appropriate necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding. SECTION 2. The Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees, is hereby approved and the necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding are hereby appropriated. SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, assuming the Memorandum of Understanding is properly ratified and signed. SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on ____________, 2021. Passed by the City Council of Salt Lake City, Utah, this ____ day of June, 2021. CHAIRPERSON ATTEST: CITY RECORDER 3 Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: __________________ 2021. Salt Lake City Attorney’s Office Approved as to Form Date:__________________ By:_______________________ Jonathan Pappasideris Jonathan Pappasideris 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ______ of 2021 (Appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees) An ordinance appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding dated effective July 1, 2018 between Salt Lake City Corporation and the International Association of Firefighters Local 81, representing eligible employees. PREAMBLE The City Council, in Salt Lake City Ordinance No. ___ of 2021, approved a Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, as the certified bargaining representative for eligible employees. The Memorandum of Understanding is a three-year agreement. The Memorandum of Understanding is subject to appropriation of funds by the City Council. The City Council, therefore, wishes to appropriate funds to implement the provisions of the Memorandum of Understanding, as negotiated by the City and the International Association of Firefighters Local 81, for fiscal year 2022. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding approved by the City Council in Salt Lake City Ordinance No. ___ of 2021 between Salt Lake City Corporation and the International Association of Firefighters Local 81. 2 SECTION 2. APPROPRIATION. The City Council hereby appropriates necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 81, as approved by the City Council in Salt Lake City Ordinance No. ___ of 2021. SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the Memorandum of Understanding between the City and the International Association of Firefighters Local 81. SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on July __, 2021. Passed by the City Council of Salt Lake City, Utah, this ___ day of June, 2021. ______________________________ CHAIRPERSON ATTEST: _______________________________ CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved as to Form Date:__________________ By:_______________________ Jonathan Pappasideris Jonathan Pappasideris 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. _____ of 2021 (Approving the Compensation Plan for all non-represented employees of Salt Lake City Corporation) An ordinance approving a compensation plan for all non-represented employees of Salt Lake City Corporation. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the attached Compensation Plan for all non-represented Salt Lake City Corporation employees. Three copies of said Compensation Plan shall be maintained in the City Recorder’s Office (whose permanent office is located at 451 South State Street, Room 415, Salt Lake City, UT 84111 but whose office is temporarily located at 349 South 200 East, Salt Lake City, UT 84111) for public inspection. SECTION 2. APPLICATION. The attached Compensation Plan shall not apply to Salt Lake City Corporation employees whose employment terminated prior to the effective date of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall be deemed effective on June 27, 2021. Passed by the City Council of Salt Lake City, Utah, this _____ day of June, 2021. ______________________________ CHAIRPERSON ATTEST: CITY RECORDER 2 Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CITY RECORDER (SEAL) Bill No. _____ of 2021. Published: ____________________ Salt Lake City Attorney’s Office Approved as to Form Date: ______________________ By: __________________________ Jonathan Pappasideris Jonathan pappasideris ANNUAL COMPENSATION PLAN for Non-Represented Employees FY2022 Page | 1 FY 2022 COMPENSATION PLAN FOR NON-REPRESENTED EMPLOYEES of SALT LAKE CITY CORPORATION EFFECTIVE DATE The provisions of this plan shall be effective commencing June 27, 2021, unless otherwise noted. EMPLOYEES COVERED BY THIS PLAN This plan applies to all full-time city employees. This plan does not apply to employees classified as: seasonal, hourly, temporary, part -time or those covered by a memorandum of understanding. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the mayor within budget limitations established by the city council. Furthermore, the mayor may authorize leave not specified in this compensation plan to provide for operational flexibility, so long as the additional leave does not exceed the equivalent of eight hours of leave per employee, per year. However, with the exception of a benefit created or expanded pursuant to Section IV, Subsection X (“Emergency Leave”), the mayor may not otherwise create a new benefit or expand an existing benefit for employees covered by this compensation plan if doing so will result in a direct, measurable cost. A direct, measurable cost includes a circumstance where the total cost of the new benefit or expansion of an existing benefit exceeds appropriated funds. Further, city council input and approval is required if the creation of a new benefit has policy implications or is already addressed in this compensation plan. APPROPRIATION OF FUNDS All provisions in this compensation plan are subject to the appropriation of funds by the city council. MODIFICATION, SUSPENSION, OR REVOCATION OF PROVISIONS If a local emergency is declared, any provision in this compensation plan may be temporarily modified, suspended, or revoked for the duration (or any portion thereof) of the period of local emergency, if so authorized by the mayor and/or city council . Page | 2 SECTION I: DEFINITIONS SUBSECTION I - DEFINITION OF TERMS As used in this compensation plan: 1. “Appointed employees,” with the exception of justice court judges who are covered under this plan, means employees who are "at-will" employees serving at the pleasure of the mayor (or the city council if they are employees of the Office of the City Council). 2. “Adult Designee” means any individual with whom an employee has a long-term, committed relationship of mutual caring and support. The adult designee must have resided in the same household with the eligible employee for at least the past 12 consecutive months and must have common financial obligations with the employee. The adult designee and the employee must be jointly responsible for each other’s welfare. 3. "Exempt” refers to any employee who is not eligible to receive compensation for overtime pursuant to the Fair Labor Standards Act of 1938. 4. “FLSA” means the Fair Labor Standards Act of 1938. 5. “Full-time employee” means employees whose positions regularly require more than 30 hours per week on a full-time schedule. 6. "Non-Exempt” refers to an employee who is entitled to receive overtime compensation pursuant to the FLSA. SECTION II: EMPLOYEE WAGES, SALARIES & BENEFITS SUBSECTION I - COMPENSATION PROGRAM & SALARY SCHEDULES The city’s compensation system and program, in conjunction with this plan , is intended to attract, motivate and retain qualified personnel necessary to effectively meet public service demands. A. Determination 1. The mayor shall develop policies and guidelines for the administration of the pay plans. 2. To the degree that funds permit, employees shall be paid com pensation that: a. Is commensurate with the skills and abilities required of the position; Page | 3 b. Achieves equal pay for equal work; c. Attains comparability and is competitive with the compensation paid by other public and/or private employers with whom the city compares and/or competes for personnel recruitment and retention. The city shall consider itself competitive when data indicates actual median employee pay rates plus the overall additional economic value of benefits equals at least 100% compared to market. 3. To the extent possible, market surveys shall be used to assess and evaluate the city’s competitiveness with a cross section of organizations with whom the city competes for personnel recruitment and retention. This may include one or more of the following: a. Compensation surveys, including actual pay and other cash allowances paid to employees. b. Benefits surveys, including paid leave, group insurance plans, retirement, and other employer-provided and voluntary benefits. c. Regular review of the city’s compensation plans and pay structures to ensure salary ranges and regular pay practices provide for job growth and encourage employee productivity. B. Salary Schedules 1. All Employees covered under this plan (except for those designated as “Elected Officials”) shall be paid base wages or salaries according to the General Employee Pay Plan attached as Appendix “A.” Wages and salaries shall not be less than the established range minimum or higher than the range maximum, unless otherwise approved by the mayor or mayor’s designee. 2. Appointed Employees: The specific pay level assignments for Appointed Employees are shown in Appendix “B.” 3. Elected Officials: Elected officials shall be paid annual compensation according to schedule attached as Appendix "C." C. Other Compensation The mayor or the city council may distribute appropriated monies to city employees as discretionary retention incentives or retirement contributions; or special lump sum supplemental payments. Retention incentives or special lump sum payments are subject to the mayor’s or city council’s approval. Page | 4 SUBSECTION II - EMPLOYEE COMPENSATION FOR FISCAL YEAR 2022 For employees covered under this plan, the city will increase each employee’s base pay by one percent. Salaries for elected officials will, also, be increased by one percent. The city’s living wage for regular, full-time employees is set and shall be no less than $15.11 per hour. SUBSECTION III - EMPLOYEE INSURANCE The city will make available group medical, health and flex savings plans, dental, life, accidental death & dismemberment, long-term disability insurance, voluntary benefits and an employee assistance program (EAP) to all eligible employees and their eligible spouse, adult designee, dependents and dependents of adult designee pursuant to city policy. A. Employer-Paid Contributions. Effective July 1, 2021, the city’s contribution toward the total premium for group medical will be 95% for the high -deductible Summit Star Plan. For employees enrolled in the high-deductible Summit Star Plan, the city will also contribute a one-time total of $750 into a qualified health savings account (HSA) or a Medical Flex Account for those enrolled for single coverage and $1,500 for those enrolled for double or family coverage per plan year. Health savings account or Medical Flex account contributions will be pro-rated for any employee hired after July 1, 2021. B. 501(c) (9) Post Employment Health Reimbursement Account. The city will contribute $24.30 per bi-weekly pay period into each employee’s Post Employment Health Reimbursement Account. For any year in which there are 27 pay periods, no such contribution will be made in the 27th pay period. SUBSECTION IV - WORKERS’ COMPENSATION The city will provide workers’ compensation coverage to employees as required by applicable law. SUBSECTION V - SOCIAL SECURITY EXCEPTION FOR POLICE & FIRE All sworn employees in the Police and Fire departments covered under this plan are exempt from the provisions of the federal Social Security System unless determined otherwise by the city or required by applicable law. SUBSECTION VI - RETIREMENT A. Retirement Programs. The city hereby adopts the Utah State Retirement System for providing retirement benefits to employees covered by the plan. The city may permit or require the participation of employees in its retiremen t program(s) under terms and conditions established by the mayor and consistent with applicable law. Such programs may include: Page | 5 1. The Utah State Public Employees (Contributory and Non-Contributory); Public Safety Retirement Systems; or, the Utah Firefighters Retirement System; or, 2. Deferred compensation programs. B. The 2021-2022 fiscal year retirement contribution rates for employees, including elected officials, are shown in Appendix “D.” SECTION III: WORK HOURS, OVERTIME & OTHER PAY ALLOWANCES SUBSECTION I – WORK HOURS A. The city’s standard work week begins Sunday at 12:00am and ends the following Saturday at 11:59pm. Alternatives to the standard work week may be authorized and adopted for specific work groups, such as: 1. The standard work schedule for combat Fire Battalion Chiefs, which includes two consecutive 24-hour shifts immediately followed by 96 hours off. SUBSECTION II- OVERTIME COMPENSATION A. Overtime Compensation. The city will pay non-exempt employees overtime compensation as required by the FLSA. The city will pay overtime hours at 1 ½ times the employee’s regular hourly rate or, at the employee’s request and with their department director’s approval, provide compensatory time off at a rate of 1½ hours for each overtime hour in lieu of overtime compensation. 1. Employees may accrue compensatory time up to a maximum amount as determined by their department director. 2. The city may elect at any time to pay an employee for any or all accrued compensatory hours. 3. The city will includ e only actual hours worked and holiday leave hours when calculating overtime. 4. When used, personal leave and compensatory time will not be included in the calculation of overtime. 5. The city will pay out all accrued compensatory hours whenever an employee’s status or position changes from FLSA non-exempt to exempt. B. Labor Costs— Declared Emergency— Overtime Compensation for FLSA Exempt Employees. The city may pay exempt employees overtime pay for any hours Page | 6 worked over forty (40) hours in a workweek at a rate equivalent to their regular base hourly rate of pay during periods of emergency. The city shall only make such payment when all of the following conditions occur: 1. The mayor or the city council has issued a “Proclamation of Local Emergency” or the city responds to an extraordinary emergency; and, 2. Exempt employees are required to work over forty (40) hours for one or more workweek(s) during the emergency period: and, 3. The mayor and/or the city council approve the use of available funds to cover the overtime payments. The city shall distribute any overtime payments consistently with a pre -defined standard that treats all exempt employees equitably. Hours worked under a declared or extraordinary emergency must be paid hours and cannot be accrued as compensatory time. SUBSECTION III - LONGEVITY PAY A. Eligibility. With the exception of elected officials, the city will pay a monthly longevity benefit to full-time employees based on the most recent date an employee began full -time employment as follows: 1. Employees who have completed six (6) consecutive years of employment with the city will receive $50; 2. Employees who have completed ten (10) consecutive years of employment with the city will receive $75; 3. Employees who have completed sixteen (16) full years of employment wit h the city will receive $100; and, 4. Employees who have completed twenty (20) full years of employment with the city will receive $125. B. Pension Base Pay. Longevity pay will be included in base pay for purposes of pension contributions. C. Longevity While on an Unpaid Leave of Absence. Employees do not earn or receive longevity payments while on an unpaid leave of absence. When an employee returns from an approved unpaid leave of absence, longevity payments will resume. Page | 7 SUBSECTION IV - WAGE DIFFERENTIALS & ADDITIONAL PAY Eligible employees receive certain wage differentials as follows: A. Call Back and Call Out Pay. Non-exempt employees will be paid Call Back or Call Out pay based upon department director approval and the following guidelines: 1. Call Back Pay: Non-sworn, non-exempt employees who have been released from normally scheduled work and standby periods, and who are directed by an appropriate department head or designated representative to return to work prior to their next scheduled normal duty shift, will be paid for a minimum of three (3) hours straight-time pay and, in addition, will be guaranteed a minimum four (4) hours work at straight-time pay. 2. Call Out Pay for Police Sergeants. Sergeants who have been released from their scheduled work shifts and have been directed by an appropriate division head or designated representative to perform work without at least 24 hours advance notice or scheduling, shall be compensated as follows: a. Sergeants who are directed to report to work shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. b. Sergeants who are assigned to day shift, and who are directed to perform work within eight (8) hours prior to the beginning of their regularly scheduled shift shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. c. Sergeants who are assigned to afternoon or grave yard shifts, and who are directed to perform work within eight (8) hours following the end of their regularly scheduled shift shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. B. Standby Pay : Non-exempt employees are eligible to receive Standby pay based upon the following guidelines. 1. Standby for Non-Sworn Employees: Non-exempt, non-sworn employees who have been released from normally scheduled work but have not been released from standby status will be paid either two (2) hours of straight time pay for each 24 hour period of limited standby status; or Page | 8 two (2) hours straight time pay for each 12-hour period of standby status if they are Department of Airports or Public Utilities Department employees. a. First Call to Work. An eligible employee who is directed to return to his or her normal work site during an assigned Standby period by a department head or designated representative without advanced notice or scheduling will be paid a guaranteed minimum of four (4) hours, which may include any combination of hours worked and/or non-worked straight-time pay. b. Additional Calls to Work. An eligible employee will be paid an additional guaranteed minimum of two (2) hours, which may include any combination of hours worked and/or non-worked straight-time pay, for each additional occasion he or she is called to work during the same twenty-four (24) or twelve (12) hour standby period. c. Exclusion for Snow Fighters. Any employee on standby as a member of the Snow Fighter Corps shall not receive standby/on-call pay or shift differential when on standby or called back to fight snow. 2. Standby for Police Sergeants: Police Sergeants directed by their division commander or designee to keep themselves available for city service during otherwise off-duty hours shall be compensated two (2) hours of straight time for each 12-hour period of standby status. This compensation shall be in addition to any callout pay or pay for time worked the employee may receive during the standby period. C. Extra-Duty Shifts for Police Sergeants. "Extra-duty shifts" are defined as scheduled or unscheduled hours worked other than the sergeant's normally scheduled work shifts. "Extra-duty shifts" do not include extension or carry over of the sergeant's normally scheduled work shift. 1. Any sergeant required by the city to work extra-duty shifts shall receive a minimum of three (3) hours compensation at one and one-half times their regular base hourly rate, or time worked paid at one and one-half times their regular hourly base wage rate, whichever is greater. D. Shift Allowance, not including Police Sergeants & Lieutenants. Only non- exempt employees who perform afternoon/ swing or evening shift work are eligible to receive a shift allowance. 1. The city will include all shift allowance when computing overtime. An employee who receives Snow Fighter Corps differential pay is not eligible to also receive shift allowance. Page | 9 2. Day Shift: No allowance will be paid for work hours which are part of a regular day shift. 3. Eligible Hours: For each non-day shift hour worked between the hours of 6:00 p.m. and 6:00 a.m., the city will pay an eligible non-exempt employee a differential of $1.00 per hour. E. Shift Differential for Police Sergeants & Lieutenants: The city will pay Police sergeants & lieutenants shift differentials according to the shift actually worked. Actual shift differential rates are determined as follows: 1. Day Shift: No differential pay for hours worked during day shift, which begins at 0500 hours until 1159 hours. 2. Swing Shift: A differential of 2.5% in addition to the regular day rate shall be paid for swing shift, which begins at 1200 hours until 1859 hours. 3. Graveyard Shift: A differential of 5.0% in addition to the regular day rate shall be paid for graveyard shift, which begins at 1900 hours until 0459 hours. F. Acting/Working out of Classification. A department head may elect to grant additional compensation to an employee for work performed on a temporary basis, whether in an acting capacity or otherwise, beyond the employee’s regular job classification for any period lasting 20 or more working days. Unless approved by the mayor or mayor’s designee, acting pay shall be limited to no more than 90 calendar days from the start date and paid separately from regular earnings on each employee’s wage statement. Compensation adjustments may be retroactive to the start date of the temporary job assignmen t. Exceptions may be approved by the mayor or mayor’s designee. 1. Acting pay shall be excluded when calculating any leave payouts, including vacation, holiday, and personal leave. G. Snowfighter Pay. The city will pay employees designated by the department head, or designee, as members of the Snow Fighter Corps a pay differential equal to $200 per pay period for the snowfighter season not to exceed $2,000 during each fiscal year for work related to snow removal. This pay shall be separate from regular earnings on each employee’s wage statement. SUBSECTION V - EDUCATION AND TRAINING PAY A. Education Incentives. The mayor may adopt programs to promote employee education and training, provided that all compensation incentives are authorized within appropriate budget limitations established by the city council. Page | 10 1. Police Sergeants, Lieutenants, and Captains are eligible for a $500 per year job-related training allowance. 2. Fire Battalion/Division Chiefs are eligible for incentive pay following completion of degree requirements at a fully accredited college or university and submission of evidence of a diploma to Human Resources. The city will pay monthly allowances according to the educational degree held, as follows: Doctorate………….. $100.00 Masters………..…... $75.00 SUBSECTION VI – OTHER PAY ALLOWANCES A. Meal Allowance. When approved by management, employees may receive meal allowances in the amount of $10.00 when an employee works two or more hours consecutive to their normally scheduled shift. Employees may also be eligible to receive $10.00 for each additional four-hour consecutive period of work which is in addition to the normally scheduled work shift. 1. Fire and police department employees shall be provided with adequate food and drink to maintain safety and performance during emergencies or extraordinary circumstances. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred while performing city business. Advance payment or reimbursement for expenses shall be approved only when the amounts are documented and within the budget limitations established by the city council. C. Automobiles 1. The mayor may authorize, subject to the conditions provided in city policy, an employee to utilize a city vehicle on a take-home basis and may require an employee to reimburse the city for a portion of the take -home vehicle cost as provided in city ordinance. 2. Employees who are authorized to use privately-owned automobiles for official city business will be reimbursed for the operation expenses at the rate specif ied in city policy. 3. The city will provide a car allowance to department directors, the mayor’s chief of staff, the mayor’s chief administrative officer, up to three additional employees in the mayor’s office, and the city council Executive Director at a rate not to exceed $400 per month A car allowance may be paid to Page | 11 specific appointed employees at a rate not to exceed $400 per month as recommended by the mayor and approved by the city council. D. Uniform Allowance. The city will provide employees who are required to wear uniforms in the performance of their duties a monthly uniform allowance as follows: 1. Parking Enforcement Field Supervisor—$65.00 2. Non-sworn Police and Fire Department employees—$65.00 3. Watershed Management Division employees—$65.00 4. Fire: Battalion Chiefs will be provided uniforms and other job-related safety equipment, as needed. Employees may select uniforms and related equipment from an approved list. The total allowance provided shall be $600 per year, or the amount received by firefighter employees, whichever is greater. Appointed employees shall be provided uniforms or uniform allowances to the extent stated in Fire department policy. a. Dangerous or contaminated safety equipment shall be cleaned, repaired, or replaced by the Fire department. 5. Police: Police sergeants, lieutenants, and captains in uniform assignments, as determined by their bureau commander, will be enrolled in the department’s quartermaster system. a. The quartermaster system will operate as follows: i. Necessary uniform and equipment items, including patrol uniforms, detective uniforms, duty gear, footwear, cold- weather gear, headwear, etc. will be provided to Police sergeants, lieutenants, and captains by the department’s quartermaster pursuant to department policy. ii. A full inventory of items that the quartermaster will provide to Police sergeants, lieutenants and captains within the quartermaster system and the manner in which they will be distributed will be stated in department policy. iii. Police sergeants, lieutenants and captains in the quartermaster system will be paid the sum of One Hundred Dollars ($100) each fiscal year for the purpose of Page | 12 independently purchasing any incidental uniform item or equipment not provided by the quartermaster system. Payment will be made each year on the first day of the pay-period that includes August 15. b. The city will provide for the cleaning of uniforms as described in Police department policy. c. Police sergeants, lieutenants, and captains in plainclothes assignments, as determined by their bureau commander, are provided a clothing and cleaning allowance totaling $39.00 per pay period. Sergeants, lieutenants, and captains who are transferred back to a uniform assignment will return to the quartermaster system upon transfer. d. Uniforms or uniform allowances for appointed Police employees will be provided to the extent stated in Police department policy. E. Allowances for Certified Golf Teaching Professionals. The mayor may, within budgeted appropriations and as business needs indicate, authorize golf lesson revenue sharing between the city and employees recognized as Certified Golf Teaching Professionals as defined in the Golf Division’s Golf Lesson Revenue Policy. Payment to an employee for lesson revenue generated shall be reduced by: 1) a ten (10%) percent administrative fee to be retained by the Golf division, and 2) the employee’s payroll tax withholding requirements in accordance with applicable law. F. Other Allowances. The mayor or the city council may, within budgeted appropriations, authorize th e payment of other allowances in extraordinary circumstances (as determined by the mayor or the city council). SUBSECTION VII - SEVERANCE BENEFIT Subject to availability of funds, any current appointed employee who is not retained, not terminated for cause and who is separated from city employment involuntarily shall receive severance benefits based upon their respective appointment date. A. Severance benefits shall be calculated using the employee’s salary rate in effect on the employee’s date of termination. Receipt of severance benefits is contingent upon execution of a release of all claims approved by the city attorney’s office. 1. Employees appointed on or after January 1, 1989 and before January 1, 2000 shall receive a severance benefit equal to one months’ base salary for each continuous year of city employment in an appointed status before January 1, 2000. Severance shall be calculated on a pro-rata basis Page | 13 for a total benefit of up to a maximum of six m onths. 2. Current department heads, along with the mayor’s chief of staff and the executive director of the city council office, appointed on or after January 1, 2000 shall receive a severance benefit equal to two month’s base salary after one full year of continuous city employment in an appointed status; four months’ base salary after two full years of continuous city employment in an appointed status; or, six months’ base salary after three full years or more of continuous city employment in an appointed status. 3. Current appointed employees who are not department heads, and who were appointed on or after January 1, 2000 shall receive a severance benefit equal to one week’s base salary for each year of continuous city employment in an appointed status, calculated on a pro-rata basis, for a total benefit of up to a maximum of six weeks. B. Leave Payout: Appointed employees with leave hour account balances under Plan A or Plan B shall, in addition to the severance benefit provided, receive a severance benefit equal to the “retirement benefit” value provided under the leave plan of which they are a participant (either Plan A or Plan B), if separation is involuntary and not for cause. C. Not Eligible for Benefit . An appointed employee is ineligible to be paid severance benefits under the following circumstances: 1. An employee who, at the time of termination of employment, has been convicted, indicted, charged or is under active criminal investigation concerning a public offense involving a felony or moral turpitude. This provision shall not restrict the award of full severance benefits should such employee subsequently be found not guilty of such charge or if the charges are otherwise dismissed. 2. An employee who has been terminated or asked for a resignation by the mayor or department director under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 3. An employee who fails to execute a Release of All Claims approved by the city attorney’s office, where required as stipulated above. 4. An employee who is hired into another position in the city prior to their separation date. Page | 14 In the event an employee is hired into another position in the city after their separation date and prior to the expiration of the period of time for which the severance benefit was provided, the employee is required to reimburse the City (on a pro-rata basis) for that portion of the severance benefit covering the period of time between the date of rehire and the expiration of the period of time for which the severance benefit was provided. SECTION IV: HOLIDAY, VACATION & LEAVE ACCRUAL Benefits-eligible employees shall receive pay for holidays, vacation and other leave as provided in this section. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as required by applicable law. SUBSECTION I – HOLIDAYS A. The following days are recognized and observed as holidays for covered employees. Eligible employees will receive pay for non-worked holidays equal to their regular rate of pay times the total number of hours which make a regularly scheduled shift. Except as otherwise noted in this subsection, an employee may not bank a worked holiday. 1. New Year's Day, the first day of January. 2. Martin Luther King, Jr. Day, the third Monday of January. 3. President's Day, the third Monday in February. 4. Memorial Day, the last Monday of May. 5. Independence Day, July 4. 6. Pioneer Day, July 24. 7. Labor Day, the first Monday in September. 8. Columbus Day, the second Monday of October (only for eligible employees assigned to the Justice Court) 9. Veteran's Day, November 11. 10. Thanksgiving Day, the fourth Thursday in November. Page | 15 11. The Friday after Thanksgiving Day (excluding employees assigned to the Justice Court) 12. Christmas Day, December 25. 13. One personal holiday per calendar year, taken upon request of an employee and as approved by a supervisor. B. When any holiday listed above falls on a Sunday, the following business day is considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day is considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor or the city council. C. All holiday hours, including personal holidays, must be used in no less than regular full day or shift increments. 1. A Fire battalion/division chief may be allowed to use a holiday in less than a full shift increment only when converting from a “support” to “operations” work schedule results in the creation of a half-shift. D. No employee will receive more than the equivalent of one workday or a regular scheduled shift as holiday pay for a single holiday. Employees must either work or be in an authorized paid leave status a working day before and a working day after the holiday to qualify for holiday pay. 1. An employee who is off work and in a paid status covered by short-term disability or parental leave receives regular pay as a benefit and, therefore, is not entitled to bank a holiday while off work. E. Holiday Exceptions: Except for employees assigned to the Justice Court, an eligible employee may observe the Friday after Thanksgiving Day up to 50 days prior to the actual holiday with prior management approval. For Columbus Day, which is limited only to employees assigned to the Justice Court, an employee may observe the holiday up to 50 days following the actual holiday. F. Police Sergeant, Lieutenant, & Captain Holiday Hours Worked: When a day designated as a holiday falls on a scheduled work day, a Police sergeant, lieutenant, or captain may elect to take the day off work, subject to the approval of their supervisor, or receive their regular wages for such days worked and designate an alternate day off work to celebrate the holiday. For a Police sergeant whose assignment requires staffing on either the graveyard shift prior to, or the day and afternoon shift on Thanksgiving Day or Christmas Day, all hours worked will be compensated at a rate of one-and-one-half (1 ½) times the employee’s regular base wage rate. Page | 16 G. Police Sergeant, Lieutenant, & Captain Accrued Holiday Leave Payout: Police sergeants, lieutenants, and captains who retire or separate from city employment for any reason shall be compensated for any holiday time accrued and unused during the preceding 12 months. Employees will not be compensated for any unused holiday time accrued before the 12 months preceding the employee’s retirement or separation. 1. Any Police sergeant, lieutenant, or captain who is transferred or promoted to a higher level position within the department, including Deputy Chief, Assistant Chief, or Police Chief, or to a position in another city department will be paid out at their current base pay rate for any holiday time accrued and unused during the preceding 12 months. SUBSECTION II - VACATION LEAVE The city will pay eligible employees their regular salaries during vacation periods earned and taken in accordance with the following provisions. Except as provided for expressly in either city policy or this plan, vacation leave hours are ineligible to be cashed out or used to exceed the total number of hours for which an employee is regularly compensated during a work week or a pay period. Vacation hours may be used on the first day of the pay period following the period in which the vacation hours are accrued. A. Full-Time employees and appointed employees (except for those noted in paragraphs B and C of this subsection) accrue vacation leave based upon years of city service as follows: Years of Hours of Vacation Accrued Per Bi-weekly City Service Pay Period 0 to end of year 3 3.73 4 to end of year 6 4.42 7 to end of year 9 4.81 10 to end of year 12 5.54 13 to end of year 15 6.15 16 to end of year 19 6.77 20 or more 7.69 Page | 17 B. Department directors, the mayor’s chief of staff, the mayor’s chief administrative officer, up t o two additional senior positions in the mayor’s office as specified by the mayor, the executive director of the city council, and justice court judges will accrue 7.69 hours each bi-weekly pay period. C. Fire battalion chiefs in the Operations division of the Fire department will accrue vacation leave according to the following schedule: Years of Accrued Hours of Vacation Per City Service Pay Period 0 to end of year 3 5.54 4 to end of year 6 6.46 7 to end of year 9 7.38 10 to end of year 12 8.31 13 to end of year 14 9.23 15 to end of year 19 10.15 20 or more 11.54 D. For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded in the 27th pay period. E. Years of city service are based on the most recent date the person became a full-time salaried employee. F. Full-time employees re-hired by the city are eligible to receive prior service credit for previous full-time city employment and time worked with other public jurisdictions without a break in service. Prior service credit is applicable for vacation accrual, personal leave accrual, short-term disability benefits, layoff, and awarding of employee service awards and service certificates only. Prior service credit does not apply to longevity pay. G. Full-time and appointed employees (except those listed in Paragraph B of this subsection) may accumulate vacations, according to the length of their full-time years of city Service, up to the following maximum limits: Up to and including 9 years Up to 30 days/ 15 shifts/ 240 hours After 9 years Up to 35 days/ 17.5 shifts/ 280 hours Page | 18 After 14 years Up to 40 days/ 20 shifts/ 320 hours For purposes of this subsection, "days" means "8-hour" days and “shifts” means “24-hour” combat shifts. H. Department directors and those included in Paragraph B of this subsection may accumulate up to 320 hours of vacation without regard to their years of employment with the city. I. Any vacation accrued beyond the allowable maximums will be deemed forfeited unless used before the end of the calendar year in which the hours are accrued. However, in the case of an employee’s return from an unpaid military leave of absence, leave hours may be restored according to requirements under applicable law. J. Vacation Payout at Termination : An employee separating from employment may not exhaust more than 80 hours of any combination of accrued vacation, personal leave, or banked (holiday or vacation) leave prior to their last day of employment. Employees shall be paid at their base hourly rate for any unused accrued vacation leave time following termination of employment, including retirement. K. Vacation Allowance: As a recruiting incentive, the mayor or the city council may provide a one-time allowance of up to 120 hours of vacation leave. SUBSECTION III - SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE Benefits in this section are for the purpose of income replacement for employees during absence from work due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act of 1993 (FMLA). Although the city requires use of accrued paid leave prior to taking unpaid FMLA leave, employees will be allowed to reserve up to 80 hours of non -lapsing leave as a contingency for future use by submitting a written request to Human Resources. Employees are not eligible to earn or receive leave benefits while on an unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by applicable law. Employees hired on or after November 16, 1997 receive personal leave benefits under Plan B. All other employees receive personal leave benefits pursuant to the plan they participated in as of November 15, 1998. Employees hired before November 16, 1997 shall receive personal leave benefits under Plan B if they elected to do so during any city- established election period occurring in 1998 or later. Page | 19 A. Plan “A ” 1. Sick Leave a. Sick leave is provided for full-time employees under Plan “A” as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The mayor may e stablish rules governing the interfacing of sick leave and workers’ compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each full-time employee accrues sick leave at a rate of 4.62 hours per pay period. For any plan year in which there are 27 pay periods, no sick leave hours will be awarded in the 27th pay period. Authorized and unused sick leave may be accumulated from year to year, subject to the limitations of this plan. 1. Sick Leave Accrual for Fire Battalion Chiefs – Each covered employee shall be entitled to 15 days of sick leave each calendar year, except for members of the Operations division who shall be entitled to 7.5 shifts of sick leave each calendar year. The City shall credit a covered employee’s sick leave account in a lump sum (either 15 days or7.5 shifts) during the first month of each calendar year. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. c. Under this Plan “A,” Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. 1. Sick Leave Conversion for Fire Battalion Chiefs – Fire Battalion Chiefs who have accumulated 15 shifts (for Operations employees), or 240 hours (for non-Operations employees) may choose to convert a portion of the year sick leave grant from any given year to vacation, as follows— Number of Sick Leave Shifts Used During Previous Calendar Year (Operations Only) Number of Sick Leave Shifts Available for Conversion (Operations Only) No shifts used 5 shifts One shift used 4 shifts Two shifts used 3 shifts Three shifts used 2 shifts Four shifts used 1 shift Five or more shifts used No shifts Page | 20 Number of Sick Leave Shifts Used During Previous Calendar Year (Support Only) Number of Sick Leave Shifts Available for Conversion (Support Only) No days used 9 days One day used 8 days Two days used 7 days Three days used 6 days Four days used 5 days Five or more days used 0 days d. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying the employee’s department timekeeper or the city payroll administrator, in writing, not later than the second pay period of the new calendar year (or the November vacation draw for Fire Battalion Chiefs). Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount will be deemed waived for that calendar year. In no event may sick leave days be converted from other than the current year's sick leave allocation. e. Any sick leave hours, properly converted to vacation benefits as above described, must be taken before any other vacation hours to which the employee is entitled; however, in no event is an employee, upon the employee’s separation from employment, entitled to any pay or compensation for any sick leave converted to vacation. An employee forfeits any sick leave converted to vacation remaining unused at the date of separation from employment. f. Sick Leave Benefits Upon Layoff. Employees who are subject to layoff because of lack of work or lack of funds will be paid at 100% of their hourly base wage rate as of the date of termination for each accumulated unused sick leave hour. 2. Hospitalization Leave a. Hospitalization leave is provided for full -time employees under Plan “A,” in addition to sick leave authorized hereunder, as insuran ce against loss of income when an employee is unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital inpatient admission. b. Employees are entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave does not accumulate from year to year. Page | 21 Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. An employee who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who is regularly scheduled for work or unable to perform their duties during a shift (or work day) due to urgent medical treatment, may re port the absence from the affected shift as hospitalization leave. Similarly, an employee who is absent from work while on approved leave is also allowed to claim hospitalization leave. 1. An employee who wishes to claim hospitalization leave is responsible to report the receipt of urgent medical treatment to the employee’s division head or supervisor as soon as practical. 2. For purposes of use of hospitalization leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who, because they are admitted as an inpatient to a hospital for medical treatment, are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post -injury rehabilitation or therapy treatment, whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Dependent Leave a. Under Plan “A,” dependent leave may be requested by a full-time employee for the following reasons: 1. Becoming a parent through birth or adoption of a child. 2. Placement of a foster child in the employee’s home. Page | 22 3. Due to the care of the employee’s child, spouse, spouse’s child, adult designee, adult designee’s unmarried child under age 26, or parent with a serious health condition. b. Under Plan “A,” dependent leave may also be requested by a full-time employee to care for an employee’s child, spouse, spouse’s child, adult designee, an adult designee’s unmarried child under age 26, or a parent who is ill or injured but who does not have a serious health condition. c. The following provisions apply to the use of dependent leave by a full- time employee: 1. Dependent leave may be granted with pay on a straight time basis. 2. If an employee has available unused sick leave, sick leave may be used as dependent leave. 3. An employee is required to give notice of the need to take dependent leave, including the expected duration of leave, to his or her supervisor as soon as possible. 4. Upon request of a supervisor, an employee will be required to provide a copy of a birth certificate or evidence of child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury, or illness of a child, spouse, spouse’s child, adult designee, adult designee’s child, or parent within five calendar days following a return from leave. 5. An employee’s sick leave shall be reduced by the number of hours taken by an employee as dependent leave. 4. Career Incentive Leave, Plan “A” Full-Time employees, who have been in continuous full-time employment with the city for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave . Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the appropriate department director and be approved subject to the department’s business needs (e.g., work schedules and workloads). Page | 23 5. Retirement Benefit, Plan “A” a. Employees who meet the eligibility requirements of the Utah State Retirement System and who retire from the city will be paid at their base hourly rate for 50% of their accumulated sick leave hours balance based on the schedule below: Retirement Month 50% sick leave will be: January 1st – June 30th Contribution to 501(c)9 Health Reimbursement Account Plan (premium-only account) July 1st – December 31st Cash to retiree B. Plan “B” 1. The benefit Plan Year of Plan “B” begins in each calendar year on the first day of the pay-period that includes November 15. Under Plan “B,” paid personal leave is provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee’s own illness or disability —or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the city and any policies regarding the use of such leave adopted by the department in which the employee works. Personal leave hours may be used on the first day of the pay period following the period in which the hours are earned. 2. Each full-time employee under Plan “B” is awarded personal leave hours based on the following schedule: Months of Consecutive Hours of City Service Personal Leave Less than 6 40 Less than 24 60 24 or more 80 Employees hired during the plan year are provided paid personal leave on a pro-rated basis. 3. Not later than October 31st of each calendar year, employees covered by Plan “B” may elect, by notifying their department timekeeper or the city payroll administrator in writing, to: Page | 24 a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee will be paid 50 percent of the employee’s regular hourly base wage rate (not including acting pay) in effect on the date of conversion. In no event will total pay hereunder exceed 40 hours of pay (80 hours at 50%); or b. Carryover to the next calendar year up to 80 unused personal leave hours; or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph (3)(a), above, and carry over a portion as provided in subparagraph (3)(b), above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 will be converted to a lump sum payment as provided in subparagraph 3(a) above. 5. Termination Benefits. An employee separating from employment may not exhaust more than 80 hours of any combination of accrued vacation, personal leave, or banked (holiday or vacation) leave prior to their last day of employment. At termination of employment for any reason, accumulated unused personal leave hours, minus any adjustment necessary after calculating the “prorated amount,” shall be paid to the employee at 50 percent of the regular hourly base wage rate (not including acting pay) on the date of termination for each unused hour. For purposes of this paragraph, “prorated amount” shall mean the amount of personal leave credited at the beginning of the plan year, multiplied by the ratio of the number of pay periods worked in the plan year (rounded to the end of the pay period which includes the separation date) to 26 pay periods. If the employee, at the time of separation, has used personal leave in excess of the prorated amount, the value of the excess amount shall be reimbursed to the city and may be deducted f rom the employee’s paycheck. 6. Conditions on Use of Personal Leave include: a. Minimum use of personal leave, with supervisory approval, must be in no less than quarter-hour increments. b. Except in unforeseen circumstances, such as emergencies or the employee’s inability to work due to illness or accident or an unforeseen FMLA-qualifying event, an employee must provide their supervisor with prior notice to allow time for the supervisor to make arrangements necessary to cover the employee’s work. c. For leave due to unforeseen circumstances, the employee must give their Page | 25 supervisor as much prior notice as possible. d. Except as provided for expressly in either city policy or this plan, personal leave hours are ineligible to be cashed out or used to exceed the total number of hours for which an employee is regularly compensated during a work week or a pay period. 7. Career Enhancement Leave, Plan “B”: A full-time employee covered under this Plan “B” is eligible, after 15 years of full-time service with the city, to be selected to receive up to two weeks of career enhancement leave. This one -time leave benefit could be used for formal training, informal course of study, job -related travel, internship, mentoring or other activity that could be of benefit to the city and the employee’s career development. Selected employees will receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate department head, stating the purpose of the request and how the leave is intended to benefit the city. The request must be approved by the department head and by the Human Resourc es director (who will review the request to ensure compliance with these guidelines). 8. Retirement/Layoff (RL) Benefit, Plan “B” a. Full-Time employees currently covered under Plan “B” who were hired before November 16, 1997, and who elected to be covered under Plan “B,” shall have a retirement/layoff (RL) account equal to sixty percent of their accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan “B,” shall have a retirement/layoff (RL) account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Full-Time employees who were hired before November 16, 1997 and who elected in 2007 or later during any period designated by the city to be covered under Plan “B,” shall have a retirement /layoff (RL) account equal to forty percent of their accumulated unused sick leave hours available on the date that Plan B participation began, minus any hours withdrawn after the account is established. d. Payment of the RL Account . 1. All hours in an employee’s RL account shall be payable upon retirement or as a result of layoff. In the case of layoff, 100% of R/L hours shall be paid to the employee according to the employee’s base Page | 26 hourly rate of pay on date of layoff. Any employee who quits, resigns, is separated, or is terminated for cause is not eligible to receive payment for RL account hours. 2. In cases of retirement, an eligible employee shall be paid at their base hourly rate for 100% of their RL account balance based on the schedule below: Retirement Month 100% RL hours will be: January 1st – June 30th Contribution to 501(c)9 Health Retirement Account Plan (premium-only account) July 1st – December 31st Cash to retiree e. Hours may be withdrawn from the RL account to cover an employee’s absence from work due to illness or injury, need to care for a dependent, any emergency or to supplement Workers’ Compensation benefits after personal leave hours are exhausted. RL account hours, when added to the employee’s workers’ compensation benefit, may not exceed the employee’s regular net salary. 9. Short-Term Disability Insurance, Plan “B”: Protection against loss of income when an employee is absent from work due to short-term disability shall be provided to full-time employees covered under Plan “B” through short-term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the city. SUBSECTION IV - PARENTAL LEAVE A. Full-time employees who become parents through birth, adoption, or foster care may take up to six consecutive weeks of paid parental leave to care for and bond with the child. An employee may be allowed to take parental leave up to one year from the date of a child’s birth or, in the case of adoption or foster care, the date a child is placed in the employee’s home. Parental leave may be taken during a new employee’s probationary period. The probationary period will be extended by an amount of time equivalent to the parental leave taken. B. Parental leave will run concurrently (during the same period of time) with FMLA and SDI (if applicable). Parental leave is limited to six weeks per twelve-month period. For employees approved for short-term disability, parental leave will make up the difference between 100% pay and 66 2/3% pay (if applicable) for up to six weeks. SUBSECTION V - BEREAVEMENT LEAVE A. An employee who suffers the loss of an immediate family member including a(n): current spouse, domestic partner, or adult designee; child, mother, father, brother, Page | 27 sister; current father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, sister-in-law; grandparent; current step-grandfather, step-grandmother; grandchild, or current step grandchild, stepchild, stepmoth er, stepfather, stepbrother or stepsister, grandfather-in-law, grandmother-in-law; or, domestic partner’s or adult designee’s relative as if the domestic partner or adult designee were the employee’s spouse is eligible to be released from work for bereavement, including attendance at a funeral, memorial service, or related event(s). B. In the event of death of an immediate family member, the city will provide an employee with up to five working days of paid leave for bereavement, including attendance at a funeral, memorial service, or related event(s). The employee will be permitted one additional day of bereavement leave if the employee attends a funeral, memorial service or equivalent event that is held more than 150 miles from Salt Lake City and the day following the memorial service or equivalent event is a regular working shift. C. In the event of death of a first-line extended relative of an employee, or of an employee’s spouse, domestic partner, or adult designee’s relative as if the adult designee were the employee’s spouse not covered in paragraph A above (such as an uncle, aunt or cousin), the city will provide an employee with up to one work shift for bereavement, including attendance at a funeral, memorial service, or related event(s). The employee will be permitted one additional day of bereavement leave if the employee attends a funeral, memorial service or equivalent event that is held more than 150 miles from Salt Lake City and the day following the memorial service or equivalent event is a regular working shift. D. In the event of death of a friend, an employee may be allowed to use vacation or personal leave for time off to attend the funeral or memorial service, as approved by an immediate supervisor. E. In the event of death of any covered family member while an employee is on vacation leave, an employee’s absence may be extended and authorized as bereavement leave. SUBSECTION VI - MILITARY LEAVE A. Leave of absence for employees who enter uniformed service. An employee who enters the uniformed services of the United States, including the United States Army, United States Navy, United States Marin e Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, United States Coast Guard, or the commissioned corps of the Public Health Service, is entitled to be absent from his or her duties and service from the city, without pay, as required by applicable l law. Leave will be granted in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Page | 28 B. Leave while on duty with the armed forces or Utah National Guard. An employee who is or who becomes a member of the reserves of the federal armed forces, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, is allowed military leave for up to 15 working days per calendar year for time spent on active or reserve duty. Military leave may be in addition to vacation leave and need not be consecutive days of service. To be covered, an employee must provide documentation demonstrating a duty requirement. SUBSECTION VII - JURY LEAVE & COURT APPEARANCES A. Jury Leave: An employee will be released from duty with full pay when, in obedience to a subpoena or direction by proper authority, the employee is required to either serve on a jury or appear as a witness for the United States, the state of Utah, or other political subdivision. 1. Employees are entitled to retain statutory fees paid for service in a federal court, state court, or city/county justice court. 2. On any day that an employee is required to report for service and is thereafter excused from such service during his or her regular working hours from the city, he or she must forthwith return to and carry on his or her regular city employment. Employees who fail to return to work after being excused from service for the day are subject to discipline. B. Court Appearances. A Police sergeant is eligible to receive compensation as a witness subpoenaed by the city, the State of Utah, or the United States for a court or administrative proceeding appearance as follows: 1. Appearances in court or administrative proceeding made while on-duty will be compensated as normal hours worked. 2. In the event an appearance extends beyond the end of an employee's regularly scheduled shift, time will be counted as normal work time for the purpose of computing an employee's overtime compensation. 3. Employees are entitled to retain statutory witness fees paid for service in a federal court, state court, or city/county justice court. 4. Appearances made while off -duty will be compensated as follows: (a) The city will pay employees for two hours of preparation time plus actual time spent in court or in an administrative hearing at one and one-half times their regular hourly rate. Lunch periods granted are not considered compensable time. Compensation for additional preparation time for any Page | 29 subsequent appearance during the same day is allowed only when there is at least two hours between the employee’s release time from a prior court or administrative proceeding and the start of the other. (b) If the time spent in court or administrative proceeding extends into the beginning of the employee's regularly scheduled work shift, time spent in court or in administrative proceeding will be deemed ended at the time such shift is scheduled to begin. 5. An employee is required to provide a copy of the subpoena, including the beginning time and time released from the court or administrative hearing, with initials of the prosecuting or another court representative within seven working days following the appearance. 6. Any employee failing to appear in compliance with the terms of a formal notice or subpoena may be subject to disciplinary action. SUBSECTION VIII - INJURY LEAVE (SWORN POLICE AND FIRE EMPLOYEES ONLY) The city has established rules governing the administration of an injury leave program for sworn police officers and firefighters under the following qualifications and restrictions: A. The disability must have resulted from an injury arising out of the discharge of official duties or while exercising some form of necessary job-related activity as determined by the city; B. The employee must be unable to return to work due to the injury, as verified by a medical provider acceptable to the city; C. The leave benefit may not exceed the value of the employee's net sala ry during the period of absence due to the injury, less all amounts paid or credited to the employee as workers’ compensation, Social Security, long-term disability or retirement benefits, or any form of governmental relief whatsoever; D. The value of benefits provided to employees under this injury leave program may not exceed the total of $5,000 per employee per injury, unless approved in writing by the employee’s department head after receiving an acceptable treatment plan and consulting with the city’s risk manager; E. The city's risk manager is principally responsible for the review of injury leave claims, except that appeals from the decision of the city’s risk manager may be reviewed by the Human Resources director, who may make recommendations to the mayor for final decisions; Page | 30 F. If an employee is eligible for workers’ compensation as provided by law and is not receiving injury leave pursuant to this provision, an employee may elect to use either accumulated sick leave or hours from the RL account, if applicable, and authorized vacation time to supplement workers’ compensation. The total value of leave hours or hours from an RL account combined with a workers’ compensation benefit may not exceed an employee's regular net salary. SUBSECTION IX - ADDITIONAL LEAVES OF ABSENCE Additional leaves of absence may be requested in writing and granted as identified in policy to an employee at the discretion of a department director. SUBSECTION X - EMERGENCY LEAVE The city may provide additional paid leave to employees if: i) the mayor has declared a local emergency; and ii) the mayor and/or city council authorize and approve the use of available funds for such purposes during the period of local emer gency. Emergency leave may also be provided as a form of income replacement for part -time (hourly) and/or seasonal employees whose work hours are either reduced or discontinued temporarily, so long as there is an expectation they will return to work aft er the emergency period is ended. APPENDIX A - SALT LAKE CITY CORPORATION GENERAL EMPLOYEE PAY PLAN (GEPP) Effective June 27, 2021 GRADE MINIMUM CITY MARKET MAXIMUM SEAX/HRLY $10.87 $35.00 10 $11.66 $15.22 $18.79 11 $12.22 $15.99 $19.75 12 $12.84 $16.93 $21.00 13 $13.48 $17.63 $21.78 14 $14.15 $18.44 $22.74 15 $14.86 $19.52 $24.17 16 $15.59 $20.66 $25.71 17 $16.38 $21.49 $26.60 18 $17.20 $22.85 $28.48 19 $18.06 $23.87 $29.65 20 $18.97 $24.88 $30.77 21 $19.14 $26.10 $33.07 22 $20.11 $27.43 $34.74 23 $21.12 $28.81 $36.50 24 $22.17 $30.23 $38.30 25 $23.27 $31.73 $40.21 26 $24.44 $33.34 $42.23 27 $25.65 $35.01 $44.37 28 $26.93 $36.78 $46.63 29 $28.29 $38.62 $48.95 30 $29.70 $40.55 $51.41 31 $31.19 $42.59 $53.98 32 $32.74 $44.71 $56.67 33 $34.39 $46.95 $59.52 34 $36.11 $49.30 $62.50 35 $37.91 $51.76 $65.62 36 $39.80 $54.35 $68.90 37 $41.79 $57.07 $72.34 38 $43.88 $59.92 $75.95 39 $46.09 -$96.79 40 $48.38 -$101.61 41 $50.80 -$164.83 APPENDIX B – APPOINTED EMPLOYEES BY DEPARTMENT Effective June 27, 2021 911 BUREAU Job Title Grade 911 DISPATCH DIRECTOR 041X 911 COMMUNICATIONS DEPUTY DIRECTOR 032X EXECUTIVE ASSISTANT 024X AIRPORT EXECUTIVE DIRECTOR OF AIRPORTS 041X CHIEF OPERATING OFFICER, AIRPORT 040X DIRECTOR AIRPORT ENGINEERING 039X DIRECTOR AIRPORT MAINTENANCE 039X DIRECTOR FINANCE/ACCOUNTING AIRPORT 039X DIRECTOR OF AIRPORT ADMINISTRATION/COMMERCIAL SERVICES 039X DIRECTOR OF AIRPORT INFORMATION TECHNOLOGY 039X DIRECTOR OF AIRPORT PLANNING & CAPITAL PROJECTS 039X DIRECTOR OF OPERATIONS - AIRPORT 039X DIRECTOR OF OPERATIONAL READINESS & TRANSITION 039X DIRECTOR COMMUNICATIONS & MARKETING 038X EXECUTIVE ASSISTANT 024X CITY ATTORNEY CITY ATTORNEY 041X DEPUTY CITY ATTORNEY 040X CITY RECORDER 033X CITY COUNCIL COUNCIL MEMBER-ELECT N/A* EXECUTIVE DIRECTOR CITY COUNCIL OFFICE 041X COUNCIL LEGAL DIRECTOR 039X DEPUTY DIRECTOR - CITY COUNCIL 039X ASSOCIATE DEPUTY DIRECTOR COUNCIL 037X SENIOR ADVISOR CITY COUNCIL 037X SENIOR PUBLIC POLICY ANALYST 033X COMMUNICATIONS DIRECTOR CITY COUNCIL 031X COMMUNITY FACILITATOR 031X OPERATIONS MANAGER & MENTOR – CITY COUNCIL 031X PUBLIC POLICY ANALYST 031X POLICY ANALYST/PUBLIC ENGAGEMENT 028X PUBLIC ENGAGEMENT & COMMUNICATIONS SPECIALIST II 028X CONSTITUENT LIAISON/POLICY ANALYST 027X CONSTITUENT LIAISON 026X PUBLIC ENGAGEMENT & COMMUNICATIONS SPECIALIST I 026X ASSISTANT TO THE COUNCIL EXECUTIVE DIRECTOR 025X COUNCIL ADMINISTRATIVE ASSISTANT/AGENDA 024X COUNCIL ADMINISTRATIVE ASSISTANT 021X COMMUNITY & NEIGHBORHOODS DIRECTOR OF COMMUNITY & NEIGHBORHOODS 041X DEPUTY DIRECTOR - COMMUNITY & NEIGHBORHOODS 037X DEPUTY DIRECTOR - COMMUNITY SERVICES 037X DIRECTOR OF TRANSPORTATION (ENGINEER) 037X PLANNING DIRECTOR 037X BUILDING OFFICIAL 035X DIRECTOR OF HOUSING & NEIGHBORHOOD DEVELOPMENT 035X DIRECTOR OF TRANSPORTATION (PLANNER) 035X YOUTH & FAMILY DIVISION DIRECTOR 035X EXECUTIVE ASSISTANT 024X ECONOMIC DEVELOPMENT DIRECTOR OF ECONOMIC DEVELOPMENT 041X DEPUTY DIRECTOR ECONOMIC DEVELOPMENT 037X ARTS DIVISION DIRECTOR 032X BUSINESS DEVELOPMENT DIVISION DIRECTOR 032X FINANCE CHIEF FINANCIAL OFFICER 041X CITY TREASURER 039X DEPUTY CHIEF FINANCIAL OFFICER 039X CHIEF PROCUREMENT OFFICER 033X FIRE FIRE CHIEF 041X DEPUTY FIRE CHIEF 037X ASSISTANT FIRE CHIEF 035X HUMAN RESOURCES CHIEF HUMAN RESOURCES OFFICER 041X DEPUTY CHIEF HUMAN RESOURCES OFFICER 037X CIVILIAN REVIEW BOARD INVESTIGATOR 035X TRANSITION CHIEF OF STAFF 041X* TRANSITION COMMUNICATIONS DIRECTOR 039X* TRANSITION EXECUTIVE ASSISTANT 024X* INFORMATION MGT SERVICES CHIEF INFORMATION OFFICER 041X CHIEF INNOVATIONS OFFICER 039X JUSTICE COURTS JUSTICE COURT JUDGE 037X CITY COURTS ADMINISTRATOR 033X MAYOR CHIEF OF STAFF 041X CHIEF ADMINISTRATIVE OFFICER 041X COMMUNICATIONS DIRECTOR 039X DEPUTY CHIEF OF STAFF 039X SENIOR ADVISOR 039X COMMUNICATIONS DEPUTY DIRECTOR 030X POLICY ADVISOR 029X REP COMMISSION POLICY ADVISOR 029X COMMUNITY LIAISON 026X EXECUTIVE ASSISTANT 024X OFFICE MANAGER - MAYOR'S OFFICE 024X COMMUNITY OUTREACH - EQUITY & SPECIAL PROJECTS COORDINATOR 024X COMMUNICATION AND CONTENT MANAGER - MAYOR'S OFFICE 021X ADMINISTRATIVE ASSISTANT 019X CONSUMER PROTECTION ANALYST 016X POLICE CHIEF OF POLICE 041X ASSISTANT CHIEF OF POLICE 039X DEPUTY CHIEF POLICE 037X ADMINISTRATIVE DIRECTOR - COMMUNICATIONS 037X ADMINISTRATIVE DIRECTOR - INTERNAL AFFAIRS 037X PUBLIC LANDS PUBLIC LANDS DIRECTOR 041X DEPUTY DIRECTOR, PUBLIC LANDS 037X GOLF DIVISION DIRECTOR 035X PARKS DIVISION DIRECTOR 035X PUBLIC SERVICES DIRECTOR OF PUBLIC SERVICES 041X CITY ENGINEER 039X DEPUTY DIRECTOR OF OPERATIONS 038X FACILITIES DIVISION DIRECTOR 035X FLEET DIVISION DIRECTOR 035X STREETS DIVISION DIRECTOR 035X COMPLIANCE DIVISION DIRECTOR 035X EXECUTIVE ASSISTANT 024X PUBLIC UTILITIES DIRECTOR OF PUBLIC UTILITIES 041X DEPUTY DIRECTOR OF PUBLIC UTILITIES 039X FINANCE ADMINISTRATOR PUBLIC UTILITIES 039X CHIEF ENGINEER - PUBLIC UTILITIES 037X WATER QUALITY & TREATMENT ADMINSTRATOR 037X EXECUTIVE ASSISTANT 024X REDEVELOPMENT AGENCY DIRECTOR, REDEVELOPMENT AGENCY 039X DEPUTY DIRECTOR, REDEVELOPMENT AGENCY 037X SUSTAINABILITY SUSTAINABILITY DIRECTOR 041X SUSTAINABILITY DEPUTY DIRECTOR 037X WASTE & RECYCLING DIVISION DIRECTOR 035X Except for a change in job title or reassignment to a lower pay level, no appointed position on this pay plan may be added, removed or modified without approval of the City Council. * Compensation for transitional positions, including city council member -elect, is set as provided under Chapter 2.03.030 of the Salt Lake City Code. Benefits for transitional employees are equivalent to those provided to full-time employees. Except for leave time, benefits for city council members-elect are also equivalent to those provided to full-time employees. APPENDIX C – ELECTED OFFICIALS SALARY SCHEDULE Annual Salaries Effective June 27, 2021 . Mayor $148,034 Council Members $37,017 Except for leave time, benefits for the mayor and city council members are equivalent to those provided to full-time employees. APPENDIX D- U TAH STATE RETIREMENT CONTRIBUTIONS FY 2021-2022 Tier 1 Defined Benefit System System Employee Contribution Employer Contribution Total Public Employees Contributory System 6.0% 14.46% 20.46% Public Employees Noncontributory System 0 18.47% 18.47% Public Safety Noncontributory System 0 46.71% 46.71% Firefighters Retirement System 0 23.95% 23.95% Tier 1 Post Retired System Post Retired Employment After 6/30/10 – NO 401(k) Amortization of UAAL* Post Retired Employment Before 7/1/2010 Optional 401(k) Public Employees Noncontributory System 6.61% 11.86% Public Safety Noncontributory System 24.20% 22.51% Firefighters Retirement System 0% n/a Tier 2 Defined Benefit Hybrid System Employee Contribution Employer Contribution 401(k) Total Public Employees Noncontributory System 0% 15.80% 0.89% 16.69% Public Safety Noncontributory System (for entry and two year pay steps only) 2.27% (city paid) 38.28% 6.00% 46.55% Public Safety Noncontributory System (for pay steps year four or more) 2.27% (city paid) 38.28% 0% 40.55% Firefighters Retirement System 2.27% (city paid) 14.08% 0% 16.35% Tier 2 Defined Contribution Only Employee Contribution Employer Contribution 401(k) Total Public Employees Noncontributory System 0% 6.69% 10.00% 16.69% Public Safety Noncontributory System (for entry and two year pay steps only) 0% 24.28% 22.27% 46.55% Public Safety Noncontributory System (for pay steps year four or more) 0% 24.28% 16.27% 40.55% Firefighters Retirement System 0% 0.08% 16.27% 16.35% Executive Non-Legislative Position Employer Contribution Public Employees Noncontributory System Department Heads, Mayor, Mayor’s Chief of Staff, Chief Administrative Officer, Up to Two Additional Senior Executives in the Mayor’s Office, Executive Director for City Council Normal contribution into Utah Retirement System (URS)with 3% into 401(k) – OR – If Tier 1 and exempt from system or Tier II and exempt from vesting, 401k contribution equal to the applicable URS system contribution plus 3% Public Safety Noncontributory System Department Head Same as above Firefighters Retirement System Department Head Same as above Council Members Elected with prior service in the Utah Retirement System (Tier 1 Defined Benefit) System Employee Contribution Employer Contribution Total Public Employees Noncontributory System 0 18.47% 18.47% If exempt… 0 10% base salary to 401(k) 10% Council Members Elected After July 1, 2011 with no prior service in the Utah Retirement System (may exempt from vesting) Tier 2 Defined Contribution Only Employer 401K Total 6.69% 10% 16.69% Tier 2 Defined Benefit Hybrid System Employer 401K Total 15.80% 0.89% 16.69% ANNUAL COMPENSATION PLAN for Non-Represented Employees FY2021 FY2022 SALT LAKE CITY CORPORATION HUMAN RESOURCES DEPARTMENT Page | 1 FY 2021 2022 COMPENSATION PLAN FOR NON-REPRESENTED EMPLOYEES of SALT LAKE CITY CORPORATION EFFECTIVE DATE The provisions of this plan shall be effective commencing June 28, 2020June 27, 2021, unless otherwise noted. EMPLOYEES COVERED BY THIS PLAN This plan applies to all full-time city employees. This plan does not apply to employees classified as: seasonal, hourly, temporary, part -time or those covered by a memorandum of understanding. AUTHORITY OF THE MAYOR Employees covered by this compensation plan may be appointed, classified, and advanced under rules and regulations promulgated by the mayor, or the Civil Service Commission, if applicable, within budget limitations established by the city council. Furthermore, the mayor may authorize leave not specified in this compensation plan to provide for operational flexibility, so long as the additional leave does not exceed the equivalent of eight hours of leave per employee, per year. However, with the exception of a benefit created or expanded pursuant to Section IV, Subsection X (“Emergency Leave”), the mayor may not otherwise create a new benefit or expand an existing benefit for employees covered by this compensation plan if doing so will result in a direct, measurable cost. A direct, measurable cost includes a circumstance where the total cost of the new benefit or expansion of an existing benefit exceeds appropriated funds. Further, city council input and approval is required if the creation of a new benefit has policy implications or is already addressed in this compensation plan. APPROPRIATION OF FUNDS All provisions in this compensation plan are subject to the appropriation of funds by the city council. MODIFICATION, SUSPENSION, OR REVOCATION OF PROVISIONS If a local emergency is declared, any provision in this compensation plan may be temporarily modified, suspended, or revoked for the duration (or any portion thereof) of the period of local emergency, if so authorized by the mayor and/or city council . Page | 2 SECTION I: DEFINITIONS SUBSECTION I - DEFINITION OF TERMS As used in this compensation plan: 1. “Appointed employees,” with the exception of justice court judges who are covered under this plan, means employees who are "at-will" employees serving at the pleasure of the mayor (or the city council if they are employees of the Office of the City Council). 2. “Adult Designee” means any individual with whom an employee has a long-term, committed relationship of mutual caring and support. The adult designee must have resided in the same household with the eligible employee for at least the past 12 consecutive months and must have common financial obligations with the employee. The adult designee and the employee must be jointly responsible for each other’s welfare. 3. "Exempt” refers to any employee who is not eligible to receive compensation for overtime pursuant to the Fair Labor Standards Act of 1938. 4. “FLSA” means the Fair Labor Standards Act of 1938. 5. “Full-time employee” means employees whose positions regularly require more than 30 hours per week on a full-time schedule. 6. "Non-Exempt” refers to an employee who is entitled to receive overtime compensation pursuant to the FLSA. SECTION II: EMPLOYEE WAGES, SALARIES & BENEFITS SUBSECTION I - COMPENSATION PROGRAM & SALARY SCHEDULES The city’s compensation system and program, in conjunction with this plan , is intended to attract, motivate and retain qualified personnel necessary to effectively meet public service demands. A. Determination 1. The mayor shall develop policies and guidelines for the administration of the pay plans. 2. To the degree that funds permit, employees shall be paid com pensation that: a. Is commensurate with the skills and abilities required of the position; Page | 3 b. Achieves equal pay for equal work; c. Attains comparability and is competitive with the compensation paid by other public and/or private employers with whom the city compares and/or competes for personnel recruitment and retention. The city shall consider itself competitive when data indicates actual median employee pay rates plus the overall additional economic value of benefits equals at least 100% compared to market. 3. To the extent possible, market surveys shall be used to assess and evaluate the city’s competitiveness with a cross section of organizations with whom the city competes for personnel recruitment and retention. This may include one or more of the following: a. Compensation surveys, including actual pay and other cash allowances paid to employees. b. Benefits surveys, including paid leave, group insurance plans, retirement, and other employer-provided and voluntary benefits. c. Regular review of the city’s compensation plans and pay structures to ensure salary ranges and regular pay practices provide for job growth and encourage employee productivity. B. Salary Schedules 1. All Employees covered under this plan (except for those designated as “Elected Officials”) shall be paid base wages or salaries according to the General Employee Pay Plan attached as Appendix “A.” Wages and salaries shall not be less than the established range minimum or higher than the range maximum, unless otherwise approved by the mayor or mayor’s designee. 2. Appointed Employees: The specific pay level assignments for Appointed Employees are shown in Appendix “B.” 3. Elected Officials: Elected officials shall be paid annual compensation according to schedule attached as Appendix "C." C. Other Compensation The mayor or the city council may distribute appropriated monies to city employees as discretionary retention incentives or retirement contributions; or special lump sum supplemental payments. Retention incentives or special lump sum payments are subject to the mayor’s or city council’s approval. Page | 4 SUBSECTION II - EMPLOYEE COMPENSATION FOR FISCAL YEAR 20212022 For employees covered under this plan, the city will maintain increase each employee’s base pay without an increaseby one percent. Salaries for elected officials will, also, be maintained without an increased by one percent. The city’s living wage for regular, full-time employees is set and shall be no less than $10.8715.11 per hour. SUBSECTION III - EMPLOYEE INSURANCE The city will make available group medical, health and flex savings plans, dental, life, accidental death & dismemberment, long-term disability insurance, voluntary benefits and an employee assistance program (EAP) to all eligible employees and their eligible spouse, adult designee, dependents and dependents of adult designee pursuant to city policy. A. Employer-Paid Contributions. Effective July 1, 20202021, the city’s contribution toward the total premium for group medical will be 95% for the high-deductible Summit Star Plan. For employees enrolled in the high-deductible Summit Star Plan, the city will also contribute a one-time total of $750 into a qualified health savings account (HSA) or a Medical Flex Account for those enrolled for single coverage and $1,500 for those enrolled for double or family coverage per plan year. Health savings account or Medical Flex account contributions will be pro-rated for any employee hired after July 1, 20202021. B. 501(c) (9) Post Employment Health Reimbursement Account. The city will contribute $24.30 per bi-weekly pay period into each employee’s Educators Benefits Consultants (EBC) Post Employment Health Reimbursement Account. For any year in which there are 27 pay periods, no such contribution will be made in the 27th pay period. SUBSECTION IV - WORKERS’ COMPENSATION The city will provide workers’ compensation coverage to employees as required by applicable law. SUBSECTION V - SOCIAL SECURITY EXCEPTION FOR POLICE & FIRE All sworn employees in the Police and Fire departments covered under this plan are exempt from the provisions of the federal Social Security System unless determined otherwise by the city or required by applicable law. SUBSECTION VI - RETIREMENT A. Retirement Programs. The city hereby adopts the Utah State Retirement System for providing retirement benefits to employees covered by the plan. The city may permit or require the participation of employees in its retiremen t program(s) under terms Page | 5 and conditions established by the mayor and consistent with applicable law. Such programs may include: 1. The Utah State Public Employees (Contributory and Non-Contributory); Public Safety Retirement Systems; or, the Utah Firefighters Retirement System; or, 2. Deferred compensation programs. B. The 2020-20212021-2022 fiscal year retirement contribution rates for employees, including elected officials, are shown in Appendix “D.” SECTION III: WORK HOURS, OVERTIME & OTHER PAY ALLOWANCES SUBSECTION I – WORK HOURS A. The city’s standard work week begins Sunday at 12:00am and ends the following Saturday at 11:59pm. Alternatives to the standard work week may be authorized and adopted for specific work groups, such as: 1. The standard work schedule for combat Fire Battalion Chiefs, which includes two consecutive 24-hour shifts immediately followed by 96 hours off. A work week beginning Sunday at 7:00am and ending the following Sunday at 6:59am, as in the case of Police Sergeants and Lieutenants. SUBSECTION II- OVERTIME COMPENSATION A. Overtime Compensation. The city will pay non-exempt employees overtime compensation as required by the FLSA. The city will pay overtime hours at 1 ½ times the employee’s regular hourly rate or, at the employee’s request and with their department director’s approval, provide compensatory time off at a rate of 1½ hours for each overtime hour in lieu of overtime compensation. 1. Employees may accrue compensatory time up to a maximum amount as determined by their department director. 2. The city may elect at any time to pay an employee for any or all accrued compensatory hours. 3. The city will includ e only actual hours worked and holiday leave hours when calculating overtime. 4. When used, personal leave and compensatory time will not be included in the calculation of overtime. Page | 6 5. The city will pay out all accrued compensatory hours whenever an employee’s status or position changes from FLSA non-exempt to exempt. B. Labor Costs— Declared Emergency— Overtime Compensation for FLSA Exempt Employees. The city may pay exempt employees overtime pay for any hours worked over forty (40) hours in a workweek at a rate equivalent to their regular base hourly rate of pay during periods of emergency. The city shall only make such payment when all of the following conditions occur: 1. The mayor or the city council has issued a “Proclamation of Local Emergency” or the city responds to an extraordinary emergency; and, 2. Exempt employees are required to work over forty (40) hours for one or more workweek(s) during the emergency period: and, 3. The mayor and/or the city council approve the use of available funds to cover the overtime payments. The city shall distribute any overtime payments consistently with a pre -defined standard that treats all exempt employees equitably. Hours worked under a declared or extraordinary emergency must be paid hours and cannot be accrued as compensatory time. SUBSECTION III - LONGEVITY PAY A. Eligibility. With the exception of elected officials, the city will pay a monthly longevity benefit to full-time employees based on the most recent date an employee began full -time employment as follows: 1. Employees who have completed six (6) consecutive years of employment with the city will receive $50; 2. Employees who have completed ten (10) consecutive years of employment with the city will receive $75; 3. Employees who have completed sixteen (16) full years of employment wit h the city will receive $100; and, 4. Employees who have completed twenty (20) full years of employment with the city will receive $125. Page | 7 B. Pension Base Pay. Longevity pay will be included in base pay for purposes of pension contributions. C. Longevity While on an Unpaid Leave of Absence. Employees do not earn or receive longevity payments while on an unpaid leave of absence. When an employee returns from an approved unpaid leave of absence, longevity payments will resume. SUBSECTION IV - WAGE DIFFERENTIALS & ADDITIONAL PAY Eligible employees receive certain wage differentials as follows: A. Call Back and Call Out Pay. Non-exempt employees will be paid Call Back or Call Out pay based upon department director approval and the following guidelines: 1. Call Back Pay: Non-sworn, non-exempt employees who have been released from normally scheduled work and standby periods, and who are directed by an appropriate department head or designated representative to return to work prior to their next scheduled normal duty shift, will be paid for a minimum of three (3) hours straight-time pay and, in addition, will be guaranteed a minimum four (4) hours work at straight-time pay. 2. Call Out Pay for Police Sergeants. Sergeants who have been released from their scheduled work shifts and have been directed by an appropriate division head or designated representative to perform work without at least 24 hours advance notice or scheduling, shall be compensated as follows: a. Sergeants who are directed to report to work shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. b. Sergeants who are assigned to day shift, and who are directed to perform work within eight (8) hours prior to the beginning of their regularly scheduled shift shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual hours worked, whichever is greater. c. Sergeants who are assigned to afternoon or grave yard shifts, and who are directed to perform work within eight (8) hours following the end of their regularly scheduled shift shall receive a minimum of four (4) hours compensation at one and one-half times their hourly wage rate, or one and one-half times their hourly wage rate for actual Page | 8 hours worked, whichever is greater. B. Standby Pay : Non-exempt employees are eligible to receive Standby pay based upon the following guidelines. 1. Standby for Non-Sworn Employees: Non-exempt, non-sworn employees who have been released from normally scheduled work but have not been released from standby status will be paid either two (2) hours of straight time pay for each 24 hour period of limited standby status; or two (2) hours straight time pay for each 12-hour period of standby status if they are Department of Airports or Public Utilities Department employees. a. First Call to Work. An eligible employee who is directed to return to his or her normal work site during an assigned Standby period by a department head or designated representative without advanced notice or scheduling will be paid a guaranteed minimum of four (4) hours, which may include any combination of hours worked and/or non-worked straight-time pay. b. Additional Calls to Work. An eligible employee will be paid an additional guaranteed minimum of two (2) hours, which may include any combination of hours worked and/or non-worked straight-time pay, for each additional occasion he or she is called to work during the same twenty-four (24) or twelve (12) hour standby period. c. Exclusion for Snow Fighters. Any employee on standby as a member of the Snow Fighter Corps shall not receive standby/on-call pay or shift differential when on standby or called back to fight snow. 2. Standby for Police Sergeants: Police Sergeants directed by their division commander or designee to keep themselves available for city service during otherwise off-duty hours shall be compensated one half hour (30 minutes) two (2) hours of straight time for each 12-hour period of standby status twelve (12) hours while on a designated Standby status. This compensation shall be in addition to any callout pay or pay for time worked the employee may receive during the standby period. C. Extra-Duty Shifts for Police Sergeants. "Extra-duty shifts" are defined as scheduled or unscheduled hours worked other than the sergeant's normally scheduled work shifts. "Extra-duty shifts" do not include extension or carry over of the sergeant's normally scheduled work shift. 1. Any sergeant required by the city to work extra-duty shifts shall receive a minimum of three (3) hours compensation at one and one-half times their regular base hourly rate, or time worked paid at one and one-half Page | 9 times their regular hourly base wage rate, whichever is greater. D. Shift Allowance, not including Police Sergeants & Lieutenants. Only non- exempt employees who perform afternoon/ swing or evening shift work are eligible to receive a shift allowance. 1. The city will include all shift allowance when computing overtime. An employee who receives Snow Fighter Corps differential pay is not eligible to also receive shift allowance. 2. Day Shift: No allowance will be paid for work hours which are part of a regular day shift. 3. Eligible Hours: For each non-day shift hour worked between the hours of 6:00 p.m. and 6:00 a.m., the city will pay an eligible non-exempt employee a differential of $1.00 per hour. E. Shift Differential for Police Sergeants & Lieutenants: The city will pay Police sergeants & lieutenants shift differentials according to the shift actually worked. Actual shift differential rates are determined as follows: 1. Day Shift: No differential pay for hours worked during day shift, which begins at 0500 hours until 1159 hours. 2. Swing Shift: A differential of 2.5% in addition to the regular day rate shall be paid for swing shift, which begins at 1200 hours until 1859 hours. 3. Graveyard Shift: A differential of 5.0% in addition to the regular day rate shall be paid for graveyard shift, which begins at 1900 hours until 0459 hours. F. Acting/Working out of Classification. A department head may elect to grant additional compensation to an employee for work performed on a temporary basis, whether in an acting capacity or otherwise, beyond the employee’s regular job classification for any period lasting 20 or more working days. Unless approved by the mayor or mayor’s designee, acting pay shall be limited to no more than 90 calendar days from the start date and paid separately from regular earnings on each employee’s wage statement. Compensation adjustments may be retroactive to the start date of the temporary job assignmen t. Exceptions may be approved by the mayor or mayor’s designee. 1. Acting pay shall be excluded when calculating any leave payouts, including vacation, holiday, and personal leave. Page | 10 G. Snowfighter Pay. The city will pay employees designated by the department head, or designee, as members of the Snow Fighter Corps a pay differential equal to $200 per pay period for the snowfighter season not to exceed $2,000 during each fiscal year for work related to snow removal. This pay shall be separate from regular earnings on each employee’s wage statement. SUBSECTION V - EDUCATION AND TRAINING PAY A. Education Incentives. The mayor may adopt programs to promote employee education and training, provided that all compensation incentives are authorized within appropriate budget limitations established by the city council. 1. Police Sergeants, Lieutenants, and Captains are eligible for a $500 per year job-related training allowance. 2. Fire Battalion/Division Chiefs are eligible for incentive pay following completion of degree requirements at a fully accredited college or university and submission of evidence of a diploma to Human Resources. The city will pay monthly allowances according to the educational degree held, as follows: Doctorate………….. $100.00 Masters………..…... $75.00 Bachelors……...…... $50.00 Associate………….. $35.00 a. Eligibility for this pay allowance ends when the department implements approved changes to the minimum requirements for promotion to Battalion/Division Chief by requiring a degree, as anticipated during the fall of 2020. SUBSECTION VI – OTHER PAY ALLOWANCES A. Meal Allowance. When approved by management, employees may receive meal allowances in the amount of $10.00 when an employee works two or more hours consecutive to their normally scheduled shift. Employees may also be eligible to receive $10.00 for each additional four-hour consecutive period of work which is in addition to the normally scheduled work shift. 1. Fire and police department employees shall be provided with adequate food and drink to maintain safety and performance during emergencies or extraordinary circumstances. B. Business Expenses. City policy shall govern the authorization of employee advancement or reimbursement for actual expenses reasonably incurred while Page | 11 performing city business. Advance payment or reimbursement for expenses shall be approved only when the amounts are documented and within the budget limitations established by the city council. C. Automobiles 1. The mayor may authorize, subject to the conditions provided in city policy, an employee to utilize a city vehicle on a take-home basis and may require an employee to reimburse the city for a portion of the take -home vehicle cost as provided in city ordinance. 2. Employees who are authorized to use privately-owned automobiles for official city business will be reimbursed for the operation expenses at the rate specif ied in city policy. 3. The city will provide a car allowance to department directors, the mayor’s chief of staff, the mayor’s chief administrative officer, up to three additional employees in the mayor’s office, and the city council Executive Director at a rate not to exceed $400 per month A car allowance may be paid to specific appointed employees at a rate not to exceed $400 per month as recommended by the mayor and approved by the city council. D. Uniform Allowance. The city will provide employees who are required to wear uniforms in the performance of their duties a monthly uniform allowance as follows: 1. Parking Enforcement Field Supervisor—$65.00 2. Non-sworn Police and Fire Department employees—$65.00 3. Watershed Management Division employees—$65.00 4. Fire: Battalion Chiefs will be provided uniforms and other job-related safety equipment, as needed. Employees may select uniforms and related equipment from an approved list. The total allowance provided shall be $600 per year, or the amount received by firefighter employees, whichever is greater. Appointed employees shall be provided uniforms or uniform allowances to the extent stated in Fire department policy. a. Dangerous or contaminated safety equipment shall be cleaned, repaired, or replaced by the Fire department. 5. Police: Police sergeants, lieutenants, and captains in uniform Page | 12 assignments, as determined by their bureau commander, will be enrolled in the department’s quartermaster system. a. The quartermaster system will operate as follows: i. Necessary uniform and equipment items, including patrol uniforms, detective uniforms, duty gear, footwear, cold- weather gear, headwear, etc. will be provided to Police sergeants, lieutenants, and captains by the department’s quartermaster pursuant to department policy. ii. A full inventory of items that the quartermaster will provide to Police sergeants, lieutenants and captains within the quartermaster system and the manner in which they will be distributed will be stated in department policy. iii. Police sergeants, lieutenants and captains in the quartermaster system will be paid the sum of One Hundred Dollars ($100) each fiscal year for the purpose of independently purchasing any incidental uniform item or equipment not provided by the quartermaster system. Payment will be made each year on the first day of the pay-period that includes August 15. b. The city will provide for the cleaning of uniforms as described in Police department policy. c. Police sergeants, lieutenants, and captains in plainclothes assignments, as determined by their bureau commander, are provided a clothing and cleaning allowance totaling $39.00 per pay period. Sergeants, lieutenants, and captains who are transferred back to a uniform assignment will return to the quartermaster system upon transfer. d. Uniforms or uniform allowances for appointed Police employees will be provided to the extent stated in Police department policy. E. Allowances for Certified Golf Teaching Professionals. The mayor may, within budgeted appropriations and as business needs indicate, authorize golf lesson revenue sharing between the city and employees recognized as Certified Golf Teaching Professionals as defined in the Golf Division’s Golf Lesson Revenue Policy. Payment to an employee for lesson revenue generated shall be reduced by: 1) a ten (10%) percent administrative fee to be retained by the Golf division, and 2) the employee’s payroll tax withholding requirements in Page | 13 accordance with applicable law. F. Other Allowances. The mayor or the city council may, within budgeted appropriations, authorize th e payment of other allowances in extraordinary circumstances (as determined by the mayor or the city council). SUBSECTION VII - SEVERANCE BENEFIT Subject to availability of funds, any current appointed employee who is not retained, not terminated for cause and who is separated from city employment involuntarily shall receive severance benefits based upon their respective appointment date. A. Severance benefits shall be calculated using the employee’s salary rate in effect on the employee’s date of termination. Receipt of severance benefits is contingent upon execution of a release of all claims approved by the city attorney’s office. 1. Employees appointed on or after January 1, 1989 and before January 1, 2000 shall receive a severance benefit equal to one months’ base salary for each continuous year of city employment in an appointed status before January 1, 2000. Severance shall be calculated on a pro-rata basis for a total benefit of up to a maximum of six m onths. 2. Current department heads, along with the mayor’s chief of staff and the executive director of the city council office, appointed on or after January 1, 2000 shall receive a severance benefit equal to two month’s base salary after one full year of continuous city employment in an appointed status; four months’ base salary after two full years of continuous city employment in an appointed status; or, six months’ base salary after three full years or more of continuous city employment in an appointed status. 3. Current appointed employees who are not department heads, and who were appointed on or after January 1, 2000 shall receive a severance benefit equal to one week’s base salary for each year of continuous city employment in an appointed status, calculated on a pro-rata basis, for a total benefit of up to a maximum of six weeks. B. Leave Payout: Appointed employees with leave hour account balances under Plan A or Plan B shall, in addition to the severance benefit provided, receive a severance benefit equal to the “retirement benefit” value provided under the leave plan of which they are a participant (either Plan A or Plan B), if separation is involuntary and not for cause. C. Not Eligible for Benefit . An appointed employee is ineligible to be paid severance benefits under the following circumstances: Page | 14 1. An employee who, at the time of termination of employment, has been convicted, indicted, charged or is under active criminal investigation concerning a public offense involving a felony or moral turpitude. This provision shall not restrict the award of full severance benefits should such employee subsequently be found not guilty of such charge or if the charges are otherwise dismissed. 2. An employee who has been terminated or asked for a resignation by the mayor or department director under bona fide charges of nonfeasance, misfeasance or malfeasance in office. 3. An employee who fails to execute a Release of All Claims approved by the city attorney’s office, where required as stipulated above. 4. An employee who is hired into another position in the city prior to their separation date. In the event an employee is hired into another position in the city after their separation date and prior to the expiration of the period of time for which the severance benefit was provided, the employee is required to reimburse the City (on a pro-rata basis) for that portion of the severance benefit covering the period of time between the date of rehire and the expiration of the period of time for which the severance benefit was provided. SECTION IV: HOLIDAY, VACATION & LEAVE ACCRUAL Benefits-eligible employees shall receive pay for holidays, vacation and other leave as provided in this section. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as required by applicable law. SUBSECTION I – HOLIDAYS A. The following days are recognized and observed as holidays for covered employees. Eligible employees will receive pay for non-worked holidays equal to their regular rate of pay times the total number of hours which make a regularly scheduled shift. Except as otherwise noted in this subsection, an employee may not bank a worked holiday. 1. New Year's Day, the first day of January. 2. Martin Luther King, Jr. Day, the third Monday of January. 3. President's Day, the third Monday in February. Page | 15 4. Memorial Day, the last Monday of May. 5. Independence Day, July 4. 6. Pioneer Day, July 24. 7. Labor Day, the first Monday in September. 8. Columbus Day, the second Monday of October (only for eligible employees assigned to the Justice Court) 9. Veteran's Day, November 11. 10. Thanksgiving Day, the fourth Thursday in November. 11. The Friday after Thanksgiving Day (excluding employees assigned to the Justice Court) 12. Christmas Day, December 25. 13. One personal holiday per calendar year, taken upon request of an employee and as approved by a supervisor. B. When any holiday listed above falls on a Sunday, the following business day is considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day is considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor or the city council. C. All holiday hours, including personal holidays, must be used in no less than regular full day or shift increments. 1. A Fire battalion/division chief may be allowed to use a holiday in less than a full shift increment only when converting from a “support” to “operations” work schedule results in the creation of a half-shift. D. No employee will receive more than the equivalent of one workday or a regular scheduled shift as holiday pay for a single holiday. Employees must either work or be in an authorized paid leave status a working day before and a working day after the holiday to qualify for holiday pay. 1. An employee who is off work and in a paid status covered by short-term disability or parental leave receives regular pay as a benefit and, therefore, is not entitled to bank a holiday while off work. Page | 16 E. Holiday Exceptions: Except for employees assigned to the Justice Court, an eligible employee may observe the Friday after Thanksgiving Day up to 50 days prior to the actual holiday with prior management approval. For Columbus Day, which is limited only to employees assigned to the Justice Court, an employee may observe the holiday up to 50 days following the actual holiday. F. Police Sergeant, Lieutenant, & Captain Holiday Hours Worked: When a day designated as a holiday falls on a scheduled work day, a Police sergeant, lieutenant, or captain may elect to take the day off work, subject to the approval of their supervisor, or receive their regular wages for such days worked and designate an alternate day off work to celebrate the holiday. For a Police sergeant whose assignment requires staffing on either the graveyard shift prior to, or the day and afternoon shift on Thanksgiving Day or Christmas Day, all hours worked will be compensated at a rate of one-and-one-half (1 ½) times the employee’s regular base wage rate. G. Police Sergeant, Lieutenant, & Captain Accrued Holiday Leave Payout: Police sergeants, lieutenants, and captains who retire or separate from city employment for any reason shall be compensated for any holiday time accrued and unused during the preceding 12 months. Employees will not be compensated for any unused holiday time accrued before the 12 months preceding the employee’s retirement or separation. 1. Any Police sergeant, lieutenant, or captain who is transferred or promoted to a higher level position within the department, including Deputy Chief, Assistant Chief, or Police Chief, or to a position in another city department will be paid out at their current base pay rate for any holiday time accrued and unused during the preceding 12 months. SUBSECTION II - VACATION LEAVE The city will pay eligible employees their regular salaries during vacation periods earned and taken in accordance with the following provisions. Except as provided for expressly in either city policy or this plan, vacation leave hours are ineligible to be cashed out or used to exceed the total number of hours for which an employee is regularly compensated during a work week or a pay period. Vacation hours may be used on the first day of the pay period following the period in which the vacation hours are accrued. A. Full-Time employees and appointed employees (except for those noted in paragraphs B and C of this subsection) accrue vacation leave based upon years of city service as follows: Page | 17 Years of Hours of Vacation Accrued Per Bi-weekly City Service Pay Period 0 to end of year 3 3.73 4 to end of year 6 4.42 7 to end of year 9 4.81 10 to end of year 12 5.54 13 to end of year 15 6.15 16 to end of year 19 6.77 20 or more 7.69 B. Department directors, the mayor’s chief of staff, the mayor’s chief administrative officer, up t o two additional senior positions in the mayor’s office as specified by the mayor, the executive director of the city council, and justice court judges will accrue 7.69 hours each bi-weekly pay period. C. Fire battalion chiefs in the Operations division of the Fire department will accrue vacation leave according to the following schedule: Years of Accrued Hours of Vacation Per City Service Pay Period 0 to end of year 3 5.54 4 to end of year 6 6.46 7 to end of year 9 7.38 10 to end of year 12 8.31 13 to end of year 14 9.23 15 to end of year 19 10.15 20 or more 11.54 D. For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded in the 27th pay period. Page | 18 E. Years of city service are based on the most recent date the person became a full-time salaried employee. F. Full-time employees re-hired by the city are eligible to receive up to three years of prior service credit for previous full-time city employment and time worked with other public jurisdictions without a break in service. Prior service credit is applicable for vacation accrual, and personal leave accrual, short-term disability benefits, layoff, and awarding of employee service awards and service certificates only. Prior service credit does not apply to any other benefits, including longevity pay or short-term disability. G. Full-time and appointed employees (except those listed in Paragraph B of this subsection) may accumulate vacations, according to the length of their full-time years of city Service, up to the following maximum limits: Up to and including 9 years Up to 30 days/ 15 shifts/ 240 hours After 9 years Up to 35 days/ 17.5 shifts/ 280 hours After 14 years Up to 40 days/ 20 shifts/ 320 hours For purposes of this subsection, "days" means "8-hour" days and “shifts” means “24-hour” combat shifts. H. Department directors and those included in Paragraph B of this subsection may accumulate up to 320 hours of vacation without regard to their years of employment with the city. I. Any vacation accrued beyond the allowable maximums will be deemed forfeited unless used before the end of the calendar year in which the hours are accrued. However, in the case of an employee’s return from an unpaid military leave of absence, leave hours may be restored according to requirements under applicable law. J. Vacation Payout at Termination : An employee separating from employment may not exhaust more than 80 hours of any combination of accrued vacation, personal leave, or banked (holiday or vacation) leave prior to their last day of employment. Employees shall be paid at their base hourly rate for any unused accrued vacation leave time following termination of employment, including retirement. K. Vacation Allowance: As a recruiting incentive, the mayor or the city council may provide a one-time allowance of up to 120 hours of vacation leave. Page | 19 SUBSECTION III - SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE Benefits in this section are for the purpose of continuing income replacement to for employees during absence from work due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act of 1993 (FMLA). Although the city requires use of accrued paid leave prior to taking unpaid FMLA leave, employees will be allowed to reserve up to 80 hours of non -lapsing leave as a contingency for future use by submitting a written request to Human Resources. Employees are not eligible to earn or receive leave benefits while on an unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by applicable law. Employees hired on or after November 16, 1997 receive personal leave benefits under Plan B. All other employees receive personal leave benefits pursuant to the plan they participated in as of November 15, 1998. Employees hired before November 16, 1997 shall receive personal leave benefits under Plan B if they elected to do so during any city- established election period occurring in 1998 or later. A. Plan “A ” 1. Sick Leave a. Sick leave is provided for full-time employees under Plan “A” as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The mayor may e stablish rules governing the interfacing of sick leave and workers’ compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Each full-time employee accrues sick leave at a rate of 4.62 hours per pay period. For any plan year in which there are 27 pay periods, no sick leave hours will be awarded in the 27th pay period. Authorized and unused sick leave may be accumulated from year to year, subject to the limitations of this plan. 1. Sick Leave Accrual for Fire Battalion Chiefs – Each covered employee shall be entitled to 15 days of sick leave each calendar year, except for members of the Operations division who shall be entitled to 7.5 shifts of sick leave each calendar year. The City shall credit a covered employee’s sick leave account in a lump sum (either 15 days or7.5 shifts) during the first month of each calendar year. Authorized and unused sick leave may be accumulated from year to year subject to the limitations of this plan. Page | 20 c. Under this Plan “A,” Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. 1. Sick Leave Conversion for Fire Battalion Chiefs – Fire Battalion Chiefs who have accumulated 15 shifts (for Operations employees), or 240 hours (for non-Operations employees) may choose to convert a portion of the year sick leave grant from any given year to vacation, as follows— Number of Sick Leave Shifts Used During Previous Calendar Year (Operations Only) Number of Sick Leave Shifts Available for Conversion (Operations Only) No shifts used 5 shifts One shift used 4 shifts Two shifts used 3 shifts Three shifts used 2 shifts Four shifts used 1 shift Five or more shifts used No shifts Number of Sick Leave Shifts Used During Previous Calendar Year (Support Only) Number of Sick Leave Shifts Available for Conversion (Support Only) No days used 9 days One day used 8 days Two days used 7 days Three days used 6 days Four days used 5 days Five or more days used 0 days d. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying the employee’s department timekeeper or the city payroll administrator, in writing, not later than the second pay period of the new calendar year (or the November vacation draw for Fire Battalion Chiefs). Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount will be deemed waived for that calendar year. In no event may sick leave days be converted from other than the current year's sick leave allocation. e. Any sick leave hours, properly converted to vacation benefits as above Page | 21 described, must be taken before any other vacation hours to which the employee is entitled; however, in no event is an employee, upon the employee’s separation from employment, entitled to any pay or compensation for any sick leave converted to vacation. An employee forfeits any sick leave converted to vacation remaining unused at the date of separation from employment. f. Sick Leave Benefits Upon Layoff. Employees who are subject to layoff because of lack of work or lack of funds will be paid at 100% of their hourly base wage rate as of the date of termination for each accumulated unused sick leave hour. 2. Hospitalization Leave a. Hospitalization leave is provided for full -time employees under Plan “A,” in addition to sick leave authorized hereunder, as insuran ce against loss of income when an employee is unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital inpatient admission. b. Employees are entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave does not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. An employee who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who is regularly scheduled for work or unable to perform their duties during a shift (or work day) due to urgent medical treatment, may re port the absence from the affected shift as hospitalization leave. Similarly, an employee who is absent from work while on approved leave is also allowed to claim hospitalization leave. 1. An employee who wishes to claim hospitalization leave is responsible to report the receipt of urgent medical treatment to the employee’s division head or supervisor as soon as practical. Page | 22 2. For purposes of use of hospitalization leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who, because they are admitted as an inpatient to a hospital for medical treatment, are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post -injury rehabilitation or therapy treatment, whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Dependent Leave a. Under Plan “A,” dependent leave may be requested by a full-time employee for the following reasons: 1. Becoming a parent through birth or adoption of a child. 2. Placement of a foster child in the employee’s home. 3. Due to the care of the employee’s child, spouse, spouse’s child, adult designee, adult designee’s unmarried child under age 26, or parent with a serious health condition. b. Under Plan “A,” dependent leave may also be requested by a full-time employee to care for an employee’s child, spouse, spouse’s child, adult designee, an adult designee’s unmarried child under age 26, or a parent who is ill or injured but who does not have a serious health condition. c. The following provisions apply to the use of dependent leave by a full- time employee: 1. Dependent leave may be granted with pay on a straight time basis. 2. If an employee has available unused sick leave, sick leave may be used as dependent leave. 3. An employee is required to give notice of the need to take dependent leave, including the expected duration of leave, to his or her supervisor as soon as possible. Page | 23 4. Upon request of a supervisor, an employee will be required to provide a copy of a birth certificate or evidence of child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury, or illness of a child, spouse, spouse’s child, adult designee, adult designee’s child, or parent within five calendar days following a return from leave. 5. An employee’s sick leave shall be reduced by the number of hours taken by an employee as dependent leave. 4. Career Incentive Leave, Plan “A” Full-Time employees, who have been in continuous full-time employment with the city for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave . Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the appropriate department director and be approved subject to the department’s business needs (e.g., work schedules and workloads). 5. Retirement Benefit, Plan “A” a. Employees who meet the eligibility requirements of the Utah State Retirement System and who retire from the city will be paid at their base hourly rate for 50% of their accumulated sick leave hours balance based on the schedule below: Retirement Month 50% sick leave will be: January 1st – June 30th Contribution to EBC 501(c)9 Health Reimbursement Account Plan (premium-only account) July 1st – December 31st Cash to retiree B. Plan “B” 1. The benefit Plan Year of Plan “B” begins in each calendar year on the first day of the pay-period that includes November 15. Under Plan “B,” paid personal leave is provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee’s own illness or disability —or an event that qualifies under the FMLA—a personal leave request is subject to supervisory Page | 24 approval based on the operational requirements of the city and any policies regarding the use of such leave adopted by the department in which the employee works. Personal leave hours may be used on the first day of the pay period following the period in which the hours are earned. 2. Each full-time employee under Plan “B” is awarded personal leave hours based on the following schedule: Months of Consecutive Hours of City Service Personal Leave Less than 6 40 Less than 24 60 24 or more 80 Employees hired during the plan year are provided paid personal leave on a pro-rated basis. 3. Not later than October 31st of each calendar year, employees covered by Plan “B” may elect, by notifying their department timekeeper or the city payroll administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee will be paid 50 percent of the employee’s regular hourly base wage rate (not including acting pay) in effect on the date of conversion. In no event will total pay hereunder exceed 40 hours of pay (80 hours at 50%); or b. Carryover to the next calendar year up to 80 unused personal leave hours; or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph (3)(a), above, and carry over a portion as provided in subparagraph (3)(b), above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 will be converted to a lump sum payment as provided in subparagraph 3(a) above. 5. Termination Benefits. An employee separating from employment may not exhaust Page | 25 more than 80 hours of any combination of accrued vacation, personal leave, or banked (holiday or vacation) leave prior to their last day of employment. At termination of employment for any reason, accumulated unused personal leave hours, minus any adjustment necessary after calculating the “prorated amount,” shall be paid to the employee at 50 percent of the regular hourly base wage rate (not including acting pay) on the date of termination for each unused hour. For purposes of this paragraph, “prorated amount” shall mean the amount of personal leave credited at the beginning of the plan year, multiplied by the ratio of the number of pay periods worked in the plan year (rounded to the end of the pay period which includes the separation date) to 26 pay periods. If the employee, at the time of separation, has used personal leave in excess of the prorated amount, the value of the excess amount shall be reimbursed to the city and may be deducted f rom the employee’s paycheck. 6. Conditions on Use of Personal Leave include: a. Minimum use of personal leave, with supervisory approval, must be in no less than quarter-hour increments. b. Except in unforeseen circumstances, such as emergencies or the employee’s inability to work due to illness or accident or an unforeseen FMLA-qualifying event, an employee must provide their supervisor with prior notice to allow time for the supervisor to make arrangements necessary to cover the employee’s work. c. For leave due to unforeseen circumstances, the employee must give their supervisor as much prior notice as possible. d. Except as provided for expressly in either city policy or this plan, personal leave hours are ineligible to be cashed out or used to exceed the total number of hours for which an employee is regularly compensated during a work week or a pay period. 7. Career Enhancement Leave, Plan “B”: A full-time employee covered under this Plan “B” is eligible, after 15 years of full-time service with the city, to be selected to receive up to two weeks of career enhancement leave. This one -time leave benefit could be used for formal training, informal course of study, job -related travel, internship, mentoring or other activity that could be of benefit to the city and the employee’s career development. Selected employees will receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate department head, stating the purpose of the request and how the leave is intended to benefit the city. The request must be approved by the department head and by the Human Resourc es director (who will review the request to ensure compliance with these guidelines). Page | 26 8. Retirement/Layoff (RL) Benefit, Plan “B” a. Full-Time employees currently covered under Plan “B” who were hired before November 16, 1997, and who elected to be covered under Plan “B,” shall have a retirement/layoff (RL) account equal to sixty percent of their accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan “B,” shall have a retirement/layoff (RL) account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Full-Time employees who were hired before November 16, 1997 and who elected in 2007 or later during any period designated by the city to be covered under Plan “B,” shall have a retirement /layoff (RL) account equal to forty percent of their accumulated unused sick leave hours available on the date that Plan B participation began, minus any hours withdrawn after the account is established. d. Payment of the RL Account . 1. All hours in an employee’s RL account shall be payable upon retirement or as a result of layoff. In the case of layoff, 100% of R/L hours shall be paid to the employee according to the employee’s base hourly rate of pay on date of layoff. Any employee who quits, resigns, is separated, or is terminated for cause is not eligible to receive payment for RL account hours. 2. In the cases of retirement, an eligible employees who meet the elig ibility requirements of the Utah State Retirement System and who retire from the city shall be paid at their base hourly rate for 100% of their RL account balance based on the schedule below: Retirement Month 100% RL hours will be: January 1st – June 30th Contribution to EBC 501(c)9 Health Retirement Account Plan (premium-only account) July 1st – December 31st Cash to retiree e. Hours may be withdrawn from the RL account to cover an employee’s absence from work due to illness or injury, need to care for a dependent, any emergency or to supplement Workers’ Compensation benefits after personal leave hours are exhausted. RL account hours, when added to Page | 27 the employee’s workers’ compensation benefit, may not exceed the employee’s regular net salary. 9. Short-Term Disability Insurance, Plan“B”: Protection against loss of income when an employee is absent from work due to short-term disability shall be provided to full-time employees covered under Plan “B” through short-term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the city. SUBSECTION IV - PARENTAL LEAVE A. Full-time employees who become parents through birth, adoption, or foster care may take up to six consecutive weeks of paid parental leave to care for and bond with the child. An employee may be allowed to take Pparental leave will up to one year from start on the date of thea child’s birth or, in the case of adoption or foster care, the date thea child is placed in the employee’s home. Parental leave may be taken during a new employee’s probationary period. The probationary period will be extended by an amount of time equivalent to the parental leave taken. B. Parental leave will run concurrently (during the same period of time) with FMLA and SDI (if applicable). Parental leave is limited to six weeks per twelve-month period. For employees approved for short-term disability, parental leave will make up the difference between 100% pay and 66 2/3% pay (if applicable) for up to six weeks. SUBSECTION V - BEREAVEMENT LEAVE A. Time off with pay will be granted to an An employee who suffers the loss of an immediate family member including a(n): current spouse, domestic partner, or adult designee; child, mother, father, brother, sister; current father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law; grandparent; current step- grandfather, step-grandmother; grandchild, or current step grandchild, stepchild, stepmoth er, stepfather, stepbrother or stepsister, grandfather-in-law, grandmother- in-law; or, domestic partner’s or adult designee’s relative as if the domestic partner or adult designee were the employee’s spouse is eligible to be released from work for bereavement, including attendance at a funeral, memorial service, or related event(s). B. In the event of death in any of these instancesof an immediate family member, the city will provide an employee with up to five working days of paid leave for bereavement, including attendance at a funeral, memorial service, or related event(s). The employee will be permitted one additional day of bereavement leave if the employee attends a funeral, memorial service or equivalent event that is held more than 150 miles from Salt Lake City and the day following the memorial service or equivalent event is a regular working shift. Page | 28 B.C. In the event of death of a first-line extended relative of an employee, or of an employee’s spouse, domestic partner, or adult designee’s relative as if the adult designee were the employee’s spouse not covered in paragraph A above (such as an uncle, aunt or cousin), the city will provide an employee with up to pay an employee for time off for one work shift for bereavement, including attendance at a funeral, memorial service, or related event(s) to attend memorial services. The employee will be permitted one additional day of bereavement leave if the employee attends a funeral, memorial service or equivalent event that is held more than 150 miles from Salt Lake City and the day following the memorial service or equivalent event is a regular working shift. C.D. In the event of death of a friend, an employee may be allowed to use vacation or personal leave for time off to attend the funeral or memorial service, as approved by an immediate supervisor. D.E. In the event of death of any covered family member while an employee is on vacation leave, an employee’s absence may be extended and authorized as bereavement leave. SUBSECTION VI - MILITARY LEAVE A. Leave of absence for employees who enter uniformed service. An employee who enters the uniformed services of the United States, including the United States Army, United States Navy, United States Marin e Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, United States Coast Guard, or the commissioned corps of the Public Health Service, is entitled to be absent from his or her duties and service from the city, without pay, as required by applicable l law. Leave will be granted in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). B. Leave while on duty with the armed forces or Utah National Guard. An employee who is or who becomes a member of the reserves of the federal armed forces, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, is allowed military leave for up to 15 working days per calendar year for time spent on active or reserve duty. Military leave may be in addition to vacation leave and need not be consecutive days of service. To be covered, an employee must provide documentation demonstrating a duty requirement. SUBSECTION VII - JURY LEAVE & COURT APPEARANCES A. Jury Leave: An employee will be released from duty with full pay when, in obedience to a subpoena or direction by proper authority, the employee is required to either serve on a jury or appear as a witness for the United States, the state of Utah, or other political subdivision. Page | 29 1. Employees are entitled to retain statutory fees paid for service in a federal court, state court, or city/county justice court. 2. On any day that an employee is required to report for service and is thereafter excused from such service during his or her regular working hours from the city, he or she must forthwith return to and carry on his or her regular city employment. Employees who fail to return to work after being excused from service for the day are subject to discipline. B. Court Appearances. A Police sergeant is eligible to receive compensation as a witness subpoenaed by the city, the State of Utah, or the United States for a court or administrative proceeding appearance as follows: 1. Appearances in court or administrative proceeding made while on-duty will be compensated as normal hours worked. 2. In the event an appearance extends beyond the end of an employee's regularly scheduled shift, time will be counted as normal work time for the purpose of computing an employee's overtime compensation. 3. Employees are entitled to retain statutory witness fees paid for service in a federal court, state court, or city/county justice court. 34. Appearances made while off-duty will be compensated as follows: (a) The city will pay employees for two hours of preparation time plus actual time spent in court or in an administrative hearing at one and one-half times their regular hourly rate. Lunch periods granted are not considered compensable time. Compensation for additional preparation time for any subsequent appearance during the same day is allowed only when there is at least two hours between the employee’s release time from a prior court or administrative proceeding and the start of the other. (b) If the time spent in court or administrative proceeding extends into the beginning of the employee's regularly scheduled work shift, time spent in court or in administrative proceeding will be deemed ended at the time such shift is scheduled to begin. 45. An employee is required to provide a copy of the subpoena, including the beginning time and time released from the court or administrative hearing, with initials of the prosecuting or another court representative within seven working days following the appearance. Page | 30 56. Any employee failing to appear in compliance with the terms of a formal notice or subpoena may be subject to disciplinary action. SUBSECTION VIII - INJURY LEAVE (SWORN POLICE AND FIRE EMPLOYEES ONLY) The city has established rules governing the administration of an injury leave program for sworn police officers and firefighters under the following qualifications and restrictions: A. The disability must have resulted from an injury arising out of the discharge of official duties or while exercising some form of necessary job-related activity as determined by the city; B. The employee must be unable to return to work due to the injury, as verified by a medical provider acceptable to the city; C. The leave benefit may not exceed the value of the employee's net sala ry during the period of absence due to the injury, less all amounts paid or credited to the employee as workers’ compensation, Social Security, long-term disability or retirement benefits, or any form of governmental relief whatsoever; D. The value of benefits provided to employees under this injury leave program may not exceed the total of $5,000 per employee per injury, unless approved in writing by the employee’s department head after receiving an acceptable treatment plan and consulting with the city’s risk manager; E. The city's risk manager is principally responsible for the review of injury leave claims, except that appeals from the decision of the city’s risk manager may be reviewed by the Human Resources director, who may make recommendations to the mayor for final decisions; F. If an employee is eligible for workers’ compensation as provided by law and is not receiving injury leave pursuant to this provision, an employee may elect to use either accumulated sick leave or hours from the RL account, if applicable, and authorized vacation time to supplement workers’ compensation. The total value of leave hours or hours from an RL account combined with a workers’ compensation benefit may not exceed an employee's regular net salary. SUBSECTION IX - ADDITIONAL LEAVES OF ABSENCE Additional leaves of absence may be requested in writing and granted as identified in policy to an employee at the discretion of a department director. SUBSECTION X - EMERGENCY LEAVE The city may provide additional paid leave to employees if: i) the mayor has declared a local emergency; and ii) the mayor and/or city council authorize and approve the use of available Page | 31 funds for such purposes during the period of local emergency. Emergency leave may also be provided as a form of income replacement for part -time (hourly) and/or seasonal employees whose work hours are either reduced or discontinued temporarily, so long as there is an expectation they will return to work after the emergency period is ended. APPENDIX A - SALT LAKE CITY CORPORATION GENERAL EMPLOYEE PAY PLAN (GEPP) Effective June 28, 2020June 27, 2021 GRADE MINIMUM CITY MARKET MAXIMUM SEAX/HRLY $10.87 $35.00 10 $11.54 $15.07 $18.60 11 $12.10 $15.83 $19.55 12 $12.71 $16.76 $20.79 13 $13.35 $17.46 $21.56 14 $14.01 $18.26 $22.51 15 $14.71 $19.33 $23.93 16 $15.44 $20.46 $25.46 17 $16.22 $21.28 $26.34 18 $17.03 $22.62 $28.20 19 $17.88 $23.63 $29.36 20 $18.78 $24.63 $30.47 21 $18.95 $25.84 $32.74 22 $19.91 $27.16 $34.40 23 $20.91 $28.52 $36.14 24 $21.95 $29.93 $37.92 25 $23.04 $31.42 $39.81 26 $24.20 $33.01 $41.81 27 $25.40 $34.66 $43.93 28 $26.66 $36.42 $46.17 29 $28.01 $38.24 $48.47 30 $29.41 $40.15 $50.90 31 $30.88 $42.17 $53.45 32 $32.42 $44.27 $56.11 33 $34.05 $46.49 $58.93 34 $35.75 $48.81 $61.88 35 $37.53 $51.25 $64.97 36 $39.41 $53.81 $68.22 37 $41.38 $56.50 $71.62 38 $43.45 $59.33 $75.20 39 $45.63 - $95.83 40 $47.90 - $100.60 41 $50.30 - $163.20 GRADE MINIMUM CITY MARKET MAXIMUM SEAX/HRLY $10.87 $35.00 10 $11.66 $15.22 $18.79 11 $12.22 $15.99 $19.75 12 $12.84 $16.93 $21.00 13 $13.48 $17.63 $21.78 14 $14.15 $18.44 $22.74 15 $14.86 $19.52 $24.17 16 $15.59 $20.66 $25.71 17 $16.38 $21.49 $26.60 18 $17.20 $22.85 $28.48 19 $18.06 $23.87 $29.65 20 $18.97 $24.88 $30.77 21 $19.14 $26.10 $33.07 22 $20.11 $27.43 $34.74 23 $21.12 $28.81 $36.50 24 $22.17 $30.23 $38.30 25 $23.27 $31.73 $40.21 26 $24.44 $33.34 $42.23 27 $25.65 $35.01 $44.37 28 $26.93 $36.78 $46.63 29 $28.29 $38.62 $48.95 30 $29.70 $40.55 $51.41 31 $31.19 $42.59 $53.98 32 $32.74 $44.71 $56.67 33 $34.39 $46.95 $59.52 34 $36.11 $49.30 $62.50 35 $37.91 $51.76 $65.62 36 $39.80 $54.35 $68.90 37 $41.79 $57.07 $72.34 38 $43.88 $59.92 $75.95 39 $46.09 - $96.79 40 $48.38 - $101.61 41 $50.80 - $164.83 APPENDIX B – APPOINTED EMPLOYEES BY DEPARTMENT Effective June 28, 2020 June 27, 2021 911 BUREAU Job Title Grade 911 DISPATCH DIRECTOR 041X 911 COMMUNICATIONS DEPUTY DIRECTOR 032X EXECUTIVE ASSISTANT 024X AIRPORT EXECUTIVE DIRECTOR OF AIRPORTS 041X CHIEF OPERATING OFFICER, AIRPORT 040X DIRECTOR AIRPORT ENGINEERING 039X DIRECTOR AIRPORT MAINTENANCE 039X DIRECTOR FINANCE/ACCOUNTING AIRPORT 039X DIRECTOR OF AIRPORT ADMINISTRATION/COMMERCIAL SERVICES 039X DIRECTOR OF AIRPORT INFORMATION TECHNOLOGY 039X DIRECTOR OF AIRPORT PLANNING & CAPITAL PROJECTS 039X DIRECTOR OF OPERATIONS - AIRPORT 039X DIRECTOR OF OPERATIONAL READINESS & TRANSITION 039X DIRECTOR COMMUNICATIONS & MARKETING 038X EXECUTIVE ASSISTANT 024X CITY ATTORNEY CITY ATTORNEY 041X DEPUTY CITY ATTORNEY 040X CITY RECORDER 033X CITY COUNCIL COUNCIL MEMBER-ELECT N/A* EXECUTIVE DIRECTOR CITY COUNCIL OFFICE 041X COUNCIL LEGAL DIRECTOR 039X DEPUTY DIRECTOR - CITY COUNCIL 039X ASSOCIATE DEPUTY DIRECTOR COUNCIL 037X SENIOR ADVISOR CITY COUNCIL 037X SENIOR PUBLIC POLICY ANALYST 033X COMMUNICATIONS DIRECTOR CITY COUNCIL 031X COMMUNITY FACILITATOR 031X OPERATIONS MANAGER & MENTOR – CITY COUNCIL 031X PUBLIC POLICY ANALYST 031X POLICY ANALYST/PUBLIC ENGAGEMENT 028X PUBLIC ENGAGEMENT & COMMUNICATIONS SPECIALIST II 028X CONSTITUENT LIAISON/POLICY ANALYST 027X CONSTITUENT LIAISON 026X PUBLIC ENGAGEMENT & COMMUNICATIONS SPECIALIST I 026X ASSISTANT TO THE COUNCIL EXECUTIVE DIRECTOR 025X COUNCIL ADMINISTRATIVE ASSISTANT/AGENDA 024X COUNCIL ADMINISTRATIVE ASSISTANT 021X COMMUNITY & NEIGHBORHOODS DIRECTOR OF COMMUNITY & NEIGHBORHOODS 041X CITY ENGINEER 039X DEPUTY DIRECTOR - COMMUNITY & NEIGHBORHOODS 037X DEPUTY DIRECTOR - COMMUNITY SERVICES 037X DIRECTOR OF TRANSPORTATION (ENGINEER) 037X PLANNING DIRECTOR 037X BUILDING OFFICIAL 035X DIRECTOR OF HOUSING & NEIGHBORHOOD DEVELOPMENT 035X DIRECTOR OF TRANSPORTATION (PLANNER) 035X YOUTH & FAMILY DIVISION DIRECTOR 035X EXECUTIVE ASSISTANT 024X ECONOMIC DEVELOPMENT DIRECTOR OF ECONOMIC DEVELOPMENT 041X DEPUTY DIRECTOR ECONOMIC DEVELOPMENT 037X ARTS DIVISION DIRECTOR 032X BUSINESS DEVELOPMENT DIVISION DIRECTOR 032X FINANCE CHIEF FINANCIAL OFFICER 041X CITY TREASURER 039X DEPUTY CHIEF FINANCIAL OFFICER 039X CHIEF PROCUREMENT OFFICER 033X FIRE FIRE CHIEF 041X DEPUTY FIRE CHIEF 037X ASSISTANT FIRE CHIEF 035X HUMAN RESOURCES CHIEF HUMAN RESOURCES OFFICER 041X DEPUTY CHIEF HUMAN RESOURCES OFFICER 037X CIVILIAN REVIEW BOARD INVESTIGATOR 035X TRANSITION CHIEF OF STAFF 041X* TRANSITION COMMUNICATIONS DIRECTOR 039X* TRANSITION EXECUTIVE ASSISTANT 024X* INFORMATION MGT SERVICES CHIEF INFORMATION OFFICER 041X CHIEF INNOVATIONS OFFICER 039X JUSTICE COURTS JUSTICE COURT JUDGE 037X CITY COURTS ADMINISTRATOR 033X MAYOR CHIEF OF STAFF 041X CHIEF ADMINISTRATIVE OFFICER 041X COMMUNICATIONS DIRECTOR 039X DEPUTY CHIEF OF STAFF 039X SENIOR ADVISOR 039X COMMUNICATIONS DEPUTY DIRECTOR 030X POLICY ADVISOR 029X REP COMMISSION POLICY ADVISOR 029X COMMUNITY LIAISON 026X EXECUTIVE ASSISTANT 024X OFFICE MANAGER - MAYOR'S OFFICE 024X COMMUNITY OUTREACH - EQUITY & SPECIAL PROJECTS COORDINATOR 024X COMMUNICATION AND CONTENT MANAGER - MAYOR'S OFFICE 021X ADMINISTRATIVE ASSISTANT 019X CONSUMER PROTECTION ANALYST 016X POLICE CHIEF OF POLICE 041X ASSISTANT CHIEF OF POLICE 039X DEPUTY CHIEF POLICE 037X ADMINISTRATIVE DIRECTOR - COMMUNICATIONS 037X ADMINISTRATIVE DIRECTOR - INTERNAL AFFAIRS 037X PUBLIC LANDS PUBLIC LANDS DIRECTOR 041X DEPUTY DIRECTOR, PUBLIC LANDS 037X GOLF DIVISION DIRECTOR 035X PARKS DIVISION DIRECTOR 035X PUBLIC SERVICES DIRECTOR OF PUBLIC SERVICES 041X CITY ENGINEER 039X DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES 038X DEPUTY DIRECTOR OF OPERATIONS 038X DEPUTY DIRECTOR OF PUBLIC LANDS 038X FACILITIES DIVISION DIRECTOR 035X FLEET DIVISION DIRECTOR 035X GOLF DIVISION DIRECTOR 035X PARKS DIVISION DIRECTOR 035X STREETS DIVISION DIRECTOR 035X YOUTH & FAMILY DIVISION DIRECTOR 035X COMPLIANCE DIVISION DIRECTOR 035X EXECUTIVE ASSISTANT 024X PUBLIC UTILITIES DIRECTOR OF PUBLIC UTILITIES 041X DEPUTY DIRECTOR OF PUBLIC UTILITIES 039X FINANCE ADMINISTRATOR PUBLIC UTILITIES 039X CHIEF ENGINEER - PUBLIC UTILITIES 037X WATER QUALITY & TREATMENT ADMINSTRATOR 037X EXECUTIVE ASSISTANT 024X REDEVELOPMENT AGENCY DIRECTOR, REDEVELOPMENT AGENCY 039X DEPUTY DIRECTOR, REDEVELOPMENT AGENCY 037X SUSTAINABILITY SUSTAINABILITY DIRECTOR 041X SUSTAINABILITY DEPUTY DIRECTOR 037X WASTE & RECYCLING DIVISION DIRECTOR 035X Except for a change in job title or reassignment to a lower pay level, no appointed position on this pay plan may be added, removed or modified without approval of the City Council. * Compensation for transitional positions, including city council member -elect, is set as provided under Chapter 2.03.030 of the Salt Lake City Code. Benefits for transitional employees are equivalent to those provided to full -time employees. Except for leave time, benefits for city council members-elect are also equivalent to those provided to full-time employees. APPENDIX C – ELECTED OFFICIALS SALARY SCHEDULE Annual Salaries Effective June 28, 2020 June 27, 2021 . Mayor $146,578 148,034 Council Members $36,650 37,017 Except for leave time, benefits for the mayor and city council members are equivalent to those provided to full-time employees. APPENDIX D- U TAH STATE RETIREMENT CONTRIBUTIONS FY 20202021- 20212022 Tier 1 Defined Benefit System System Employee Contribution Employer Contribution Total Public Employees Contributory System 06.0% 2014.46 % 20.46% Public Employees Noncontributory System 0 18.47% 18.47% Public Safety Noncontributory System 0 46.71% 46.71% Firefighters Retirement System 0 23.95% 23.95% Tier 1 Post Retired System Post Retired Employment After 6/30/10 – NO 401(k) Amortization of UAAL* Post Retired Employment Before 7/1/2010 Optional 401(k) Public Employees Noncontributory System 6.61% 11.86% Public Safety Noncontributory System 24.20% 22.51% Firefighters Retirement System 0% n/a Tier 2 Defined Benefit Hybrid System Employee Contribution Employer Contribution 401(k) Total Public Employees Noncontributory System 0% 15.80% 0.89% 16.69% Public Safety Noncontributory System (for entry and two year pay steps only) 2.27% (city paid) 38.28% 6.00% 46.55% Public Safety Noncontributory System (for pay steps year four or more) 2.27% (city paid) 38.28% 0% 40.55% Firefighters Retirement System 2.27% (city paid) 14.08% 0% 16.35% Tier 2 Defined Contribution Only Employee Contribution Employer Contribution 401(k) Total Public Employees Noncontributory System 0% 6.69% 10.00% 16.69% Public Safety Noncontributory System (for entry and two year pay steps only) 0% 24.28% 20.0022.27% 44.2846.55% Public Safety Noncontributory System (for pay steps year four or more) 0% 24.28% 14.0016.27% 38.2840.55% Firefighters Retirement System 0% 0.08% 14.0016.27% 14.0816.35% Executive Non-Legislative Position Employer Contribution Public Employees Noncontributory System Department Heads, Mayor, Mayor’s Chief of Staff, Chief Administrative Officer, Up to Two Additional Senior Executives in the Mayor’s Office, Executive Director for City Council Normal contribution into Utah Retirement System (URS)with 3% into 401(k) – OR – If Tier 1 and exempt from system or Tier II and exempt from vesting, 401k contribution equal to the applicable URS system contribution plus 3% Public Safety Noncontributory System Department Head Same as above Firefighters Retirement System Department Head Same as above Council Members Elected with prior service in the Utah Retirement System (Tier 1 Defined Benefit) System Employee Contribution Employer Contribution Total Public Employees Noncontributory System 0 18.47% 18.47% If exempt… 0 10% base salary to 401(k) 10% Council Members Elected After July 1, 2011 with no prior service in the Utah Retirement System (may exempt from vesting) Tier 2 Defined Contribution Only Employer 401K Total 6.69% 10% 16.69% Tier 2 Defined Benefit Hybrid System Employer 401K Total 15.80% 0.89% 16.69% 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. __ of 2021 (Appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees) An ordinance appropriating necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding dated effective _____________ between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees. PREAMBLE The City Council, in Salt Lake City Ordinance No. _____ of 2021, approved a Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, as the certified bargaining representative for eligible employees. The Memorandum of Understanding is a three-year agreement. The Memorandum of Understanding is subject to appropriation of funds by the City Council. The City Council, therefore, wishes to appropriate funds to implement the provisions of the Memorandum of Understanding, as negotiated by the City and the Salt Lake Police Association, for fiscal year 2022. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding approved by the City Council in Salt Lake City Ordinance No. ______ of 2021 between Salt Lake City Corporation and the Salt Lake Police Association. SECTION 2. APPROPRIATION. The City Council hereby appropriates necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, as approved by the City Council in Salt Lake City Ordinance No. _____ of 2021. 2 SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the Memorandum of Understanding between the City and the Salt Lake Police Association. SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on July ____, 2021. Passed by the City Council of Salt Lake City, Utah, this ___ day of June, 2021. ______________________________ CHAIRPERSON ATTEST: _______________________________ CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved as to Form Date:__________________ By:_______________________ Jonathan Pappasideris Jonathan Pappasideris 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. __ of 2021 (Approving a Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011) An ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which Memorandum of Understanding shall become effective upon proper ratification and signature. PREAMBLE Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees, have agreed to a Memorandum of Understanding pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which Memorandum of Understanding shall become effective upon proper ratification and signature. Section 6 of the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 provides that a memorandum of understanding requires the City Council to approve the memorandum of understanding, enact implementing legislation, and appropriate all required funds. The Memorandum of Understanding is a three-year agreement effective for fiscal years 2022-2024. The Memorandum of Understanding is subject to appropriation of funds by the City Council and the City Council hereby appropriates funds to implement the provisions of the Memorandum of Understanding, as negotiated by Salt Lake City Corporation and the Salt Lake Police Association, for fiscal year 2022. 2 Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to approve the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees, and to appropriate necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding. SECTION 2. The Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, representing eligible employees, is hereby approved and the necessary funds to implement, for fiscal year 2022, the provisions of the Memorandum of Understanding are hereby appropriated. SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake Police Association, assuming the Memorandum of Understanding is properly ratified and signed. SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on _____________, 2021. Passed by the City Council of Salt Lake City, Utah, this ___ day of June, 2021. CHAIRPERSON ATTEST: CITY RECORDER 3 Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved as to Form Date:__________________ By:_______________________ Jonathan Pappasideris Jonathan Pappasideris 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ____ of 2021 (Adopting the final rate of tax levy, including the final levy for the Library Fund, upon all real and personal property within Salt Lake City, made taxable by law for fiscal year 2021-2022) An ordinance adopting the final rate of tax levy, including the final levy for the Library Fund, upon all real and personal property within Salt Lake City made taxable by law for fiscal year 2021-2022. Be it ordained by the City Council of Salt Lake City: PREAMBLE Chapter 2, Title 59 of the Utah Code states that the governing body of each city shall, by ordinance or resolution, adopt a proposed tax levy or, if the tax rate is not more than the certified tax rate, a final tax levy on the real and personal property for various municipal purposes. Chapter 2, Title 59, of the Utah Code provides for certain notice and hearing requirements if the proposed tax rate exceeds the certified tax rate. In that event, the proposed tax rate does not become final unless approved by resolution of the City Council following such notice and public hearing. It is the intent of Salt Lake City to comply with the mandate of the Utah Legislature, but reserve in itself the power to amend the tax rates set herein to guarantee, after final appraisal figures have been determined, that it does not exceed the amount required for its governmental operations and taxing authority granted by the Legislature. It is the intent of Salt Lake City to adopt a total final tax rate for the general fund that will raise $____________, including $__________ in new growth property tax revenue. Similarly, it is the intent of Salt Lake City to adopt a final tax rate for the Library that will raise $____________ including $____________ in new growth property tax revenue, which the City acknowledges will require a truth in taxation hearing. Further, it is the intent of the City to levy an additional tax, if necessary, to cover costs of State legislative mandates or judicial or administrative orders under Chapter 2, Title 59 of the Utah Code. SECTION 1. PURPOSE. The purpose of this ordinance is to adopt a final tax levy, which includes the amount of the final library fund tax levy previously adopted, pursuant to Chapter 2, Title 59 of the Utah Code, upon all real and personal property within Salt Lake City made taxable by law during fiscal year 2021-2022 to defray the necessary and proper expenses of Salt Lake City to maintain the government thereof and for operating and maintaining its libraries and reading rooms and to pay for costs of State legislative mandates or judicial or administrative orders under Chapter 2, Title 59 of the Utah Code. SECTION 2. FINAL TAX LEVY: 2021-2022. The City Council hereby adopts the following final levy, subject to Chapter 2, Title 59 of the Utah Code, upon all real and personal property within Salt Lake City made taxable by law, for the fiscal year of Salt Lake City beginning July 1, 2021, and ending June 30, 2022, a tax of __________ on each dollar of taxable valuation of said property apportioned as follows: a) __________ shall be credited as revenue in the general fund, generating $____________ of ongoing revenue; and b) ____________ shall be credited to the judgment levy for the general fund, a one-year adjustment generating $__________ of one-time revenue; and c) ____________ shall be credited as revenue in the special library fund, generating $______________ of on-going revenue; and d) _____________ shall be credited toward repayment of General Obligation Bonds, generating $______________ of on-going revenue; and e) _________ shall be credited to the judgment levy for the library fund, a one-year adjustment generating $__________ of one-time revenue. The City Council hereby further levies a tax to cover the costs of State legislative mandates or judicial or administrative orders under Chapter 2, Title 59 of the Utah Code as determined by the Utah State Tax Commission and the Salt Lake County Auditor’s Office. Said tax levies in this Section 2 shall be subject to Mayor approval and City Council reconsideration pursuant to § 10-3b-204 of the Utah Code. SECTION 3. CERTIFIED TO AUDITOR. The tax levies hereinabove determined and levied shall be certified by the City Recorder to the Auditor of Salt Lake County, State of Utah, pursuant to the provisions of Chapter 2, Title 59 of the Utah Code. SECTION 4. RESERVED POWER AND RIGHT TO AMEND. The City hereby expressly reserves the power and right to amend any property tax levy made herein as it may deem just, proper and appropriate under the law. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 2021. Passed by the City Council of Salt Lake City, Utah, this _______ day of ________________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: ____________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved As To Form Date:____________________ By:________________________ _ Jaysen Oldroyd Jaysen Oldroyd 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ____ of 2021 (Adopting the budget for the Library Fund of Salt Lake City, Utah for fiscal year 2021-2022) An ordinance adopting the budget for the library fund of Salt Lake City, Utah for fiscal year 2021-2022. PREAMBLE Pursuant to the provisions of Section 10-6-111 of the Utah Code, the City Budget Officer prepared and filed with the City Council a tentative budget in proper form for all funds for which budgets are required by said law, including the tentative budget for the Library Fund, for fiscal year 2021-2022. The tentative budget was accompanied by a budget message as required by law. The tentative budget, including the tentative budget for the Library Fund, was adopted by the City Council in Resolution No. ____ of 2021, on _______________. Section 10-6-118 of the Utah Code requires that before the 30th day of June of each fiscal year, or before September 1, in case of a property tax increase under Sections 59-2-919 through 59-2-923 of the Utah Code, the governing body shall, by resolution or ordinance, adopt a budget for the ensuing fiscal year for each fund for which a budget is required. The City budget officer has now prepared a budget for the Library Fund, in proper form. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt the budget for the Library Fund, for fiscal year 2021-2022. All conditions precedent to the adoption of the budget for the Library Fund have been accomplished. SECTION 2. ADOPTION OF BUDGET. The budget attached hereto and made a part of this Ordinance, shall be, and the same hereby is adopted as the budget for the Library Fund of the City for the fiscal year beginning July 1, 2021 and ending June 30, 2022, in accordance with the requirements of Sections 10-6-105, 10-6-118 and 59-2-923 of the Utah Code. The budget for the Library Fund is subject to the approval of the Mayor and reconsideration of the City Council pursuant to Section 10-3b-204 of the Utah Code. SECTION 3. FILING OF BUDGET. The City Budget Officer is hereby authorized and directed to certify and file copies of the budget with the State Auditor as required by Section 10- 6-118 of the Utah Code. SECTION 4. PUBLIC INSPECTION. The City Budget Officer is hereby authorized and directed to certify and file copies of the budget in the office of said Budget Officer and in the Office of the City Recorder whose permanent office is located at 451 South State Street, Room 415, Salt Lake City, UT 84111 but which office is temporarily located at 349 South 200 East, Salt Lake City, UT 84111, which budget shall be available for public inspection during regular business hours as required by Section 10-6-119 of the Utah Code. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 2021. Passed by the City Council of Salt Lake City, Utah, this _______ day of ________________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved As To Form By:_________________________ Jaysen Oldroyd Date:____________________ Jaysen Oldroyd 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. of ____ 2021 (Amendments to the Salt Lake City Consolidated Fee Schedule) An ordinance amending various fees and fee information set forth in the Salt Lake City Consolidated Fee Schedule. WHEREAS, on May 17, 2011 the City Council adopted Ordinances 2011-23, 2011-24 and 2011-25 to authorize and create the Salt Lake City Consolidated Fee Schedule; and WHEREAS, the Salt Lake City Consolidated Fee Schedule has since been amended from time to time; and WHEREAS, it is now proposed that the Salt Lake City Consolidated Fee Schedule be amended to include, eliminate, or otherwise modify various fees and fee information as shown in the attached Exhibit “A”; and WHEREAS, the City Council finds (i) the fees set forth in Exhibit A are necessary, reasonable, and equitable in relation to regulatory and service costs incurred by the City; and (ii) adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended in pertinent part as set forth in the attached Exhibit “A”. SECTION 2. That a revised copy of the Salt Lake City Consolidated Fee Schedule that reflects the amendments set forth in the attached Exhibit “A” shall be published on the official Salt Lake City website. SECTION 3. Effective Date. That this ordinance shall become effective July 1, 2021. Passed by the City Council of Salt Lake City, Utah this __ day of _________, 2021. ______________________________________ CHAIRPERSON ATTEST: _________________________ CITY RECORDER Transmitted to Mayor on ____________________________. Mayor’s Action: _________ Approved. ____________ Vetoed. _______________________________________ MAYOR _________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: __________________ Salt Lake City Attorney’s Office Approved As To Form By: ___________________________ Jaysen Oldroyd Date: ______________________ Jaysen Oldroyd EXHIBIT “A” Salt Lake City Consolidated Fee Schedule Amended XX/XX/XXXX by Ord. XXXX - XX Page 1 such as fines and late fees; court fees; credit card processing fees; or fees required by a city contract, such as concession and franchise fees. It also may not show fees authorized by admin- istrative rules or a general delegation of authority. The City intends that future versions of this document will show such fees. Fees are generally listed by City department and the associated service. References to a "section" in the comments column means a section of the Salt Lake City Code. The code may be accessed by going to Sterlingcodifiers.com More than one fee may apply to a given set of circumstances. For answers to questions, please call the number shown at the top of each section. The fees here may change. The current consolidated fee schedule may be accessed by clicking here. The fee schedule was originally adopted by Ordinance 2011-25 and has been subsequently amended by: Salt Lake City Consolidated Fee Schedule This document shows fees charged by Salt Lake City to offset regulatory and administrative service costs. Although most City fees are shown, this consolidated fee schedule does not show penalties, Amended XX/XX/XXXX by Ord. XXXX - XX Page 2 Amended By: 5.04.070 5.48.030 5.09.010 5.56.040 5.14.040 5.60.030 Ordinance 2011-44 5.16.060 5.61.120 5.16.180 5.64.280 5.37.080 5.70.040 5.42.030 5.74.080 Ordinance 2011-75 Ordinance 2012-3 8.04.065 8.04.070 Ordinance 2012-6 Ordinance 2012-27 9.08.030 15.16.090 12.56.170 16.12.140 12.56.240 16.12.150 15.16.020 16.12.155 15.16.031 16.12.160 15.16.035 16.12.170 15.16.060 16.12.180 15.16.080 16.12.190 Ordinance 2012-54 Ordinance 2012-69 Ordinance 2012-93 17.90.020 17.95.300 Ordinance 2013-17 15.16.010 15.16.110 Ordinance 2013-28 2.12.040 3.02.020 Ordinance 2013-37 2.75.040 Ordinance 2013-38 3.16.050 Ordinance 2013-39 03.02.030 Annual CPI Adjustment Ordinance 2013-40 3.16.040 Ordinance 2013-42 15.16.020 Ordinance 2013-43 12.96.025 Ordinance 2013-51 15.24.290 Ordinance 2014-10 18.98.190 17.81.400 Ordinance 2014-27 17.16.590 17.16.670 5.51.027 15.16.090 3.16.005 12.56.600 Ordinance 2014-50 15.16.031 15.16.035 Code Sections Affected: 5.76.120 5.76.120 15.16.090 5.90.010 5.90.010 17.16.670 6.16.030 6.16.030 17.72.030 12.56.170 12.56.170 17.81.200 12.56.210 12.56.210 18.44.030 14.52.030 14.52.030 15.16.031 15.16.031 15.16.031 8.06.010 18.98.190 Ordinance 2012-44 16.56.050 16.60.120 16.56.090 17.04.030 16.56.100 17.16.670 16.56.130 17.16.680 16.56.150 17.64.040 16.56.170 17.72.030 16.56.180 18.44.030 16.60.110 21A.64.010 8.04.135 15.16.090 Ordinance 2014-41 Annual CPI Adjustment 2.12.040 3.50.020 5.16.090 15.24.120 18.98.090 18.98.160 15.16.120 Amended XX/XX/XXXX by Ord. XXXX - XX Page 3 Ordinance 2014-51 15.16.031 Ordinance 2015-01 Ordinance 2015-44 Ordinance 2015-65 5.04.070 5.15.020 Ordinance 2015-72 9.08.030 9.08.115 9.08.140 9.08.200 Ordinance 2016-01 12.96.025 Ordinance 2016-10 21A.16.010 Ordinance 2016-41 2.61.030 Ordinance 2016-43 15.16.090 Ordinance 2016-44 Ordinance 2016-45 15.16.031 15.16.035 Ordinance 2016-46 Authority to Set Municipal Fees Ordinance 2016-49 09.08.030 15.16.090 Ordinance 2016-58 5.63.050 Ordinance 2016-79 18.98.020 18.98.050 Ordinance 2017-09 12.56.00 12.28.095 Ordinance 2017-11 15.16.031 15.16.035 Ordinance 2017-22 15.16.031 Ordinance 2017-38 Ordinance 2017-52 Federal Trade Zone Ordinance 2018-11 9.08.200 Ordinance 2018-25 18.58.010 Ordinance 2018-34 Annual CPI Adjustment Ordinance 2018-42 14.56.060 14.56.070 Ordinance 2019-06 18.98.020 18.98.120 Ordinance 2019-10 16.60.065 16.64.030 Ordinance 2014-55 21A.06.030 21A.46.120 21A.06.050 21A.50 Annual CPI Adjustment 18.98.160 Amended XX/XX/XXXX by Ord. XXXX - XX Page 4 Ordinance 2019-21 8.04.390 Ordinance 2019-30 Annual CPI Adjustment Ordinance 2019-31 Ordinance 2019-32 12.56.550 12.56.580 Ordinance 2019-55 Ordinance 2020-XX Annual CPI Adjustment Amended XX/XX/XXXX by Ord. XXXX - XX Page 5 Page(s) Airport 7 - 8 Animal Services 8 Business Licensing 8 - 11 Cemetery 11 - 12 City and County Building Rental and Washington Square Use 12 CAN - Community and Neighborhoods 12 - 18 Economic Development 19 Engineering 19 - 20 Fire 20 - 21 Golf 22 - 24 HAND - Housing and Neighborhood Development 24 Impact Fees 25 Parking and Traffic 25 - 26 Parks and Recreation 26 - 29 Police 29 - 31 Records and Elections 31 Refuse 32 Sanitary Sewer Utilities 33 - 35 Special Events 35 - 37 Storm Water 37 - 38 Street Lighting 38 Water 38 - 41 Watershed Recreational 42 Zoning Fees 42 - 44 General Fund Miscellaneous Fees 44 Consolidated Fee Schedule Table of Contents Amended XX/XX/XXXX by Ord. XXXX - XX Page 6 Salt Lake City Consolidated Fee Schedule For questions regarding Airport Fees Contact: 801-575-2721 Aircraft Parking Fees 12,500 pounds to 44,999 pounds Aircraft parking fees exemption: Any person engaging in air transportation services having an assigned gate hold Aeronautical Services $250.00 Annual, per aircraft rental $250.00 Annual Commercial flight service permit $250.00 Commercial Flight service aircraft owner permit $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 AVI Fees (Automated Vehicle Identification) 1 to 5 passengers 6 to 9 passengers 10 to 15 passengers 16 to 24 passengers > 24 passengers Campus Dwell Time 30 minutes No Cost 30-45 minutes 45-60 minutes Every 5 minutes over 60 minutes Terminal Front Dwell Time 0-20 minutes 20-30 minutes 30-40 minutes Every minute over 40 minutes Fuel Royalties Fixed-wing aircraft Parking Daily Less than 12,500 pounds $15.00 16.56.100 $30.00 16.56.090 45,000 pounds and above $60.00 16.56.100 AIRPORT Service Fee Additional Information Section Aircraft rental permit 16.56.090 Aircraft sales permit 16.56.100 Annual 16.56.130 Annual, per aircraft in addition to Commercial Flight Service Permit Fee 16.56.130 Flight training permit Annual 16.56.150 Annual, per aircraft in addition to flight training owner permit fee 16.56.150 Radio, instrument or propeller repair service permit Annual 16.56.170 Airframe and/or Power Plant Repair Annual 16.56.170 Miscellaneous business permit Annual 16.56.050 Multiple aeronautical services Any person desiring to engage in two (2) or more commercial aeronautical activities is responsible for payment of all fees as established for each aeronautical activity engaged in; however, fees for owned aircraft (as the term "owner" is defined in Section 16.04.30 of this title), will be assessed for one (1) aeronautical activity only. 16.56.180 Any Person offering any such services, or combinations thereof, shall do so under written lease or permit agreement with the City. For exemptions and other information, see Section 16.56.010. Vehicle Category Fee Set forth in current rate schedule based on Administrative Rules and Regulations 16.60.110;16.60.120 Rates established by Administrative Rules and Regulations (See Ground Transportation Rules and Regulations, Section 2.0); also see the current rate schedule. 16.56.090 $2.00 16.56.100 $10.00 16.56.090 $20.00 16.56.100 16.56.090 No Cost 16.56.100 $3.00 16.56.090 $20.00 16.56.100 $5.00 16.56.090 Cargo Carrier Ramp Use Fees Formula based See Section 16.12.170 16.12.170 $0.06 per gallon of fuel For provisions, see Section 16.12.190 16.12.190 Landing Fees Formula based See Section 16.12.160 16.12.160 For Landing Fee Exemptions: See Section 16.12.160 Off Airport In-Flight Caterers 7% of gross sales at airport Paid within 15 days of the end of each month, see Section 16.12.155 for provisions 16.12.155 Flight training aircraft owner permit Amended XX/XX/XXXX by Ord. XXXX - XX Page 7 Economy Lot Each additional hour Click N Park Daily Hourly/Daily (Parking Garage) Walking Lot Concierge Terminal use Fees* See Section 16.12.150 Per enplaned passenger Per use/ Use equals 3 hours Per use/ Use equals 3 hours Common use boarding bridge Per use/ Use equals 3 hours Per passenger deplaned For questions regarding Business Licensing Fees Contact: 801-535-6644 Base License Fees Before Effective Sept '20 Sept '20 Home occupation businesses $121 $124 Exempt if they have no impact to their neighborhoods. Non-home occupations $153 $157 Employee Fee $22 $23 Before Sept' 20 Effective Sept' 20 Amusement Devices $4 $4 Annual, per device Amusement Devices Wholesale $26 $27 Annual Apartment Units (until 9/1/2011) Application for Certificates Public convenience and necessity $134 $137 Auctioneer $131 $134 Per auctioneer Auction House, Transient $247 $253 Per day, per business Automobiles Dealers $60 $61 Annual Annual basement & baggage make-up space Formula based 16.12.140 First hour $2 12.56.240 $1 12.56.240 Daily maximum $10 12.56.240 $3 12.56.240 First hour $5 12.56.240 Common use bag claim Formula based 16.12.150 Common use ticket counter and bag make-up space Formula based Rates established by Administrative Rules and Regulations; also see the current rate schedule. Common use gates Formula based Formula based Use of international arrival building Formula based *Terminal use fee exemption: Any airline that has a valid and existing agreement with the City covering use of bag claim and terminal facilities. ANIMAL SERVICES Note: Salt Lake City contracts with Salt Lake County for Animal Services. Animal service fees are set and administered by Salt Lake County. First hour $5 12.56.240 Each additional hour $5 12.56.240 Daily maximum $35 12.56.240 Daily rate only $55 12.56.240 Annual terminal space rental Formula based See Section 16.12.150 http://slco.org/animal-services/about-us/fees-and-services/ For questions regarding Animal Service Fees Contact: 385-468-7387 Additional Information Section All Businesses pay a Base License Fee and Employee Fee as listed below 5.04.070 5.04.070 Annual, per full or part-time employee, if business has more than one employee. Additional fees may apply depending on type of business according to list below Fees with an effective date other than July 1, 2011 are indicated by two columns. 5.70.040 5.76.120 See Rental Dwelling 5.90.010 5.05.130 BUSINESS LICENSING Service Fee 5.16.060 5.16.180 5.76.120 Each additional hour $5 12.56.240 Daily maximum $21 12.56.240 Amended XX/XX/XXXX by Ord. XXXX - XX Page 8 Parts sales $112 $115 Annual Rental agencies $26 $27 Annual Repair $60 $61 Annual Towing / Wrecking $20 $21 Annual Automobile Towing/Wrecking $20 $20 Annual Automobile Trailer Court License Banks $127 $129 Annual Beer Licenses Before Sept' 20 Effective Sept' 20 Retail Beer $313 $320 Annual, per license Restaurant $247 $253 Annual, per license Bar Tavern $350 $358 Annual, per license Special Event $247 $253 Annual, per license Microbrew pub $247 $253 Annual, per license Recreational facility beer $313 $320 Annual, per license Beer Licenses Application Fee Billiards/Pool Tables $3 $4 Annual, per device Billiards/Pool Tables - Pool Hall $24 $24 Annual Business License Transfers Information Change - Non Regulated $18 $18 Information Change - Regulated $41 $42 Childcare Facilities $131 $134 Annual Clothing Sales $99 $101 Annual Construction Business $27 $27 Annual Convalescent and Retirement Facilities $158 $161 Annual Dance Hall $20 $20 Annual Dance Studio Dance Restaurant Tavern Private Club Dance Hall - Public Dance Hall License Dating/Marriage Service $105 $107 Dry Cleaning and Laundry $131 $134 Annual Electronic Goods Sales $157 $161 Engineering $26 $27 Annual Entertainment Concert $92 $94 Annual, per exhibition room Dance hall $20 $20 Annual, per room Live entertainment Theater, live $131 $134 Annual, per exhibition room Theater, motion picture Fire and Damaged Goods Sales Fireworks Inside $81 $83 Annual, per location Outside $81 $83 Annual, per location Fireworks Sales Furniture Sales $60 $61 Annual Gas/Oil, Wholesale Gas $267 $273 Gas/Oil, Wholesale Businesses $26 $27 Annual Gasoline Stations $154 $158 Annual Government Owned Alcohol Related Business $175 $179 Annual $131 $134 Annual Hardware Stores $131 $134 Annual 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 6.08.110 5.70.040 5.76.120 5.02.210 5.02.210 5.76.120 5.76.120 5.76.120 5.76.120 5.90.020 Refer to base license fee listed in this section 9.04.050 5.76.120 5.76.120 5.76.120 5.76.120 5.76.120 Refer to base license fee listed in this section Annual per trailer, per space on premises, see section 5.86.056 5.86.056 5.76.120 5.90.010 5.90.010 5.90.010 5.90.010 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.040 Per Business 5.42.030 5.76.120 Annual 5.76.120 5.76.120 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 5.90.010 No charge Fee could be assessed in future as per ordinance 5.32.025 5.90.010 5.90.010 Refer to base license fee listed in this section Paid at least 10 days prior to opening of business. See also 2.120.040 under Fire 9.20.020 5.76.120 Annual 5.90.010 5.76.120 5.76.120 5.90.010 Grocery/Convenience Stores 5.76.120 5.76.120 Amended XX/XX/XXXX by Ord. XXXX - XX Page 9 Healthcare Services $47 $48 Annual Ice Cream Truck Vehicle Inspection $30 $31 Ice Cream Truck Operator Application Fee Ice Cream Vendors $33 $34 Annual Interior Design $26 $27 Annual Janitorial $73 $74 Annual Lawyers $20 $21 Annual Licenses Requiring a Special Public Hearing $60 $61 Plus actual costs Liquor Consumption License $27 $27 Annual, per license Live Entertainment Concerts $20 $20 Private Club Restaurants Taverns Locksmiths Manufacturing $47 $48 Annual Miscellaneous Services $26 $26 Annual Motion Picture Theaters $95 $98 Annual Numismatic and/or Bullion Dealer Nursing Home License See Section 5.86.306 Participant License Fee Pawnshop and Secondhand Dealer Pawnbroker $1,641 $1,679 Annual, per business Secondhand compact disk exchange dealer $493 $504 Annual, per business Secondhand computer exchange dealer $219 $224 Annual, per business Pedi-cabs Private Club Licenses Bar Establishment $439 $449 $281 $287 Proprietor's License $42 $43 Per automatic amusement device $20 $20 Rental Dwelling - Before 9/1/2011 See section 5.14.040 Rental Dwelling License with Good Landlord Certification - Effective 9/1/2011 (Per Ordinance) Dwelling units Per rental unit Rental Dwelling License without Good Landlord Certification - Effective 9/1/2011 (Per Ordinance) Dwelling units Restaurants/Cafeterias $99 $101 Retail/Wholesale Sales $47 $48 Annual Retail Service Station Room Rentals (rooming houses, boarding houses and for profit residential treatment facilities) Boarding/rooming house $6 $6 Hotel $6 $6 Motel $6 $6 RV Parks and Campgrounds $26 $26 Scrap Metal Processor See Section 5.58.030 Sexually Oriented Business Adult business $378 $387 Nude agency $984 $1,007 Nude entertainment business $378 $387 Semi-nude dance agency $381 $389 Semi nude dancing bar $292 $299 Outcall agency $1,313 $1,343 Adult employee (non-escort)$231 $236 5.76.120 5.64.740 No more than $31 5.64.580 5.90.010 5.76.120 5.76.120 5.76.120 5.02.240 6.16.030 5.76.120 Refer to base license fee listed in this section 5.28.080 Refer to base license fee listed in this section 5.28.080 Refer to base license fee listed in this section 5.28.080 5.48.030 5.60.030 5.60.030 No charge Fee could be assessed in future as per ordinance 5.90.010 No Charge Fee could be assessed in future as per ordinance 5.90.010 5.76.120 5.76.120 5.76.120 Refer to base license fee listed in this section See Section 5.47.030 5.47.030 Refer to base license fee listed in this section 5.86.306 Out of Doors - Restaurants & Occasional Banquets No Charge For occasional banquets, fee could be assessed in future as per ordinance 5.54.040 Refer to base license fee listed in this section 5.64.330 Annual, per rental unit 5.56.040 Banquet & Catering Annual 5.90.010 5.12.050 Real Estate Agencies Annual 5.76.120 Formula based 5.14.040 $20 5.14.040 Fraternities, sororities, rooming and boarding house $20 Per room for lodging or sleeping purposes 5.14.040 Annual, per business 5.90.010 Annual, per space 5.86.054 Refer to base license fee listed in this section 5.58.030 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 $342 Per rental unit 5.14.040 Fraternities, sororities, rooming and boarding house $342 Per room for lodging or sleeping purposes 5.14.040 Annual 5.76.120 5.76.120 Refer to base license fee listed in this section 5.86.410 Annual, per rental unit 5.56.040 Annual, per rental unit 5.56.040 Annual, per agency 5.61.120 Annual, per employee 5.61.120 Amended XX/XX/XXXX by Ord. XXXX - XX Page 10 Outcall non-performer (non-escort)$231 $236 Nude performer employee*$263 $269 Semi-nude dance performer*$263 $269 Semi-nude performer employee*$263 $269 Outcall performer (escort)*$984 $1,007 Sexually oriented business transfer $92 $94 Photography (adult)$184 $188 Shipping Companies $47 $48 Annual Solicitor $131 $134 Solicitor ID Card $30 $31 Solicitor Registration $18 $18 For ID card $271 $278 Sporting Goods Sales $47 $48 Annual Storage Services $60 $61 Annual $60 $61 Per day Temporary Merchant License See Section 5.64.310 $112 $115 Tobacco Sales License Annual Towing Operations Unmanned Kiosks $45 $47 Vehicle Authorized Certificate Wrecker Service License After Hours Surcharge After 4PM any day Per hour Saturday Per day Sunday or holiday Per day Burial Rights Adult Infant Resident $898 $594 Non-resident $1,467 $935 Continuing Care Fees Adult Infant Resident $304 $152 Non-resident $532 $268 Burial: Residents Non-residents Removal Ground level Upright Opening and Closing Single grave:Adult Infant Residents $723 $433 Infant: 5' in length or less Non-residents $1,264 $759 Infant: 5' in length or less Removal of remains $1,445 $723 Annual, per employee 5.61.120 Annual, per nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per semi-nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per semi-nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per outcall performer; for prorated formula see section 5.90.010 5.61.120 Annual, per performer transfer 5.61.120 Annual, per photographer 5.61.120 Refer to base license fee listed in this section 5.84.140 Redbox, Best Buy, Etc Refer to base license fee listed in this section 5.72.170 *These fees shall be prorated as follows: If 180 days or fewer remain before the employer's license expires, the fee shall be 50% of the full fee. If 181 or more days remain before the employer's license expires, the full fee shall be charged 5.76.120 Per Individual 5.64.280 For period of time stated on card 5.64.130 5.64.430 5.76.120 5.76.120 Theater, Concert Hall, Motion Picture House or Other Place of Amusement 5.74.080 Refer to base license fee listed in this section 5.64.310 Tobacco Products - Retail Sales Annual, includes grocery and convenience stores, taverns, private clubs, hotels, motels and restaurants.5.76.120 Refer to base license fee listed in this section 5.86.480 Refer to base license fee listed in this section 5.84.040 CEMETERY For questions regarding Cemetery fees Contact: 801.596.5020 Service Fee Additional Information Section $207 15.24.290 $359 15.24.290 $532 15.24.290 15.24.120 15.24.120 15.24.120 15.24.120 Cremains 15.24.290 $362 15.24.290 $636 15.24.290 $578 Marker Monitoring $73 15.24.290 $144 15.24.290 15.24.290 15.24.290 15.24.290 Special Event - Alcohol Concession Agreement This fee is a daily rate. Rate estimated on the number of days the alcohol would be served for the Special Event Amended XX/XX/XXXX by Ord. XXXX - XX Page 11 Double deep grave:Lower Grave Top Grave Residents $867 $723 Non-residents $1,518 $1,264 Fort Douglas cemetery Jewish cemetery Removal and Lowering Adult Infant Resident $2,168 $1,589 Non-resident $2,674 $1,951 Transfer of Burial Rights Fee Deposit Activity with food $776 $478 Filming (Commercial) Fewer than 8 staff, crew and other persons $299 $597 8 - 15 staff, crew and other persons $586 $879 More than 15 staff, crew and other persons $1,253 $1,791 Filming (Religious or Charitable)As defined in Section 15.14.010 Fewer than 8 staff, crew and other persons No Charge $597 8 - 15 staff, crew and other persons No Charge $896 More than 15 staff, crew and other persons No Charge $1,780 Miscellaneous Meetings Regular city business hours (8am - 5pm)$26/hr $90 Non-city business hours $26/hr $90 $119 NA Wedding Ceremony Base fee for two hours $173 $90 No food Fee Boarding or Securing of Buildings $119 $836 Each Structure $7 $1,433 $203 $203 $203 Total project valuation: $0.01 - $500.00 15.24.290 15.24.290 $1,229 15.24.290 $1,116 15.24.290 15.24.290 15.24.290 $44 15.24.180 CITY and COUNTY BUILDING RENTAL and WASHINGTON SQUARE USE For questions regarding Building and Square fees Contact: 801.535.7280 Service Additional Information Section 15.14.020 Each 4 hour block 15.14.020 Each 4 hour block 15.14.020 Each 4 hour block 15.14.020 15.14.020 15.14.020 15.14.020 Up to 40 people, no more than three hours 15.14.020 See Section 15.14.020 15.14.020 Supplemental Charge for Exclusive Building Use 15.14.020 15.14.020 See Section 15.14.010 for damage and deposit provisions, additional fees and exceptions. COMMUNITY AND NEIGHBORHOODS (CAN) For questions regarding Community Development fees Contact: 801.535.6000 Service Additional Information Section Done by city Plus actual costs, see Section 18.48.110 18.48.110 Initial (first year)18.48.140 Plumbing permit to install external irrigation hose bib, if required 18.48.140 Annual Fee Per each structure, due on or before boarding permit anniversary 18.48.180 City maintenance of building Annual, plus actual costs, see Section 18.48.270 18.48.270 City maintenance of landscaping Annual, plus actual costs, see Section 18.48.270 18.48.280 City removal of snow Annual, plus actual costs, see Section 18.48.270 18.48.290 $44.27 18.32.035 $500.01 - $2,000.00 $44.27 for the first $500 plus $4 for each additional $100 or fraction thereof, to and including $2,000 18.32.035 Building Permits Amended XX/XX/XXXX by Ord. XXXX - XX Page 12 $2,000.01 - $25,000.00 $500,000.01 - $1,000,000.00 Property inspection Pre-demolition salvage permit Demolition Permit Application Fees Building floor area: Minimum fee (up to $1,600) Base Fee New service or change of service Up to 100 amps Each additional 100 amps or fraction Motor generator installation for emergency or standby power Above 500 kVa $104.27 for the first $2,000 plus $20 for each additional $1,000 or fraction thereof, to and including $25,000 18.32.035 $25,000.01 - $50,000.00 $564.27 for the first $25,000 plus $14 for each additional $1,000 or fraction thereof, to and including $50,000 18.32.035 $50,000.01 - $100,000.00 $914.27 for the first $50,000 plus $10 for each additional $1,000 or fraction thereof, to and including $100,000 18.32.035 $100,000.01 - $500,000.00 $1,414.27 for the first $100,000 plus $8 for each additional $1,000 or fraction thereof, to and including $500,000 18.32.035 $4,614.27 for the first $500,000 plus $7 for each additional $1,000 or fraction thereof, to and including $1,000,000 18.32.035 $1,000,000.01 and up $8,114.27 for the first $1,000,000 plus $5 for each additional $1,000 or fraction thereof and above 18.32.035 Demolition Landscaping Waivers $132 If waiver is denied, this fee will be refunded 18.64.030 20% of demolition fee See Section 18.64.080 18.64.030 $159 18.64.030 10,001 - 12,000 sq. feet $198 18.64.030 12,001 - 14,000 sq. feet $238 18.64.030 14,001 - 16,000 sq. feet $278 18.64.030 16,001 - 18,000 sq. feet $317 18.64.030 18,001 - 20,000 sq. feet $350 18.64.030 $397 18.64.030 22,001 - 24,000 sq. feet $450 18.64.030 24,001 - 26,000 sq. feet $489 18.64.030 26,001 - 28,000 sq. feet $542 18.64.030 28,001 - 30,000 sq. feet $595 18.64.030 30,001 - 32,000 sq. feet $641 18.64.030 20,001 - 22,000 sq. feet Square feet over 32,000 $13 / 500 sq. ft unit 18.64.030 Electrical Permits (Commercial and Industrial) $32 18.36.120 $46 18.36.100 Alterations or repairs of 600 volt or less capacity service entrance equipment 18.36.120 $32 18.36.120 101 amps to 200 amps $32 18.36.120 $5 18.36.120 5 - 2,000 sq. feet $79 18.64.030 2,001 - 4,000 sq. feet $93 18.64.030 4,001 - 6,000 sq. feet $106 18.64.030 6,001 - 8,000 sq. feet $145 18.64.030 8,001 - 10,000 sq. feet 18.36.120 Up to 500 kVa $114 18.36.120 $169 18.36.120 Alternate fee schedule - Bids Under $100,000 Electrical work up to $10,000 .0166 of total valuation When a fee cannot be computed on the standard schedules, it shall be computed as outlined in this section up to, but not exceeding, $100,000 Amended XX/XX/XXXX by Ord. XXXX - XX Page 13 Electrical Permits (Residential) Base Fee Minor remodel and additional circuits Service change with 1 or 2 new circuits Service change or alteration Homeowner electrical remodel permit New single family dwelling Per square foot Above 1,500 sq. feet Per square foot Total renovation of electrical systems Existing single family dwelling 1 or 2 units 3rd and 4th units Each Additional units including house meter Each First 3 unit Per sq. foot 4 - 10 units Each 11 units and above Each Power panel with no issue for single occupancy buildings 60 Days 30 Day Extension $24 $8 Each additional meter Electrical Temporary Metering Up to 100 amp load capacity Each additional, or part thereof, 100 amp capacity Fencing Permit Fire Extinguishing Systems Base Fee Automatic fire sprinklers in range hood or vent Dry standpipe Plus $3 each outlet Fire pump Each Fire sprinkler systems: 1 to 100 sprinkler heads Over 100 sprinkler heads Flow switch Each Hood extinguishing system Each Hydrants on private property Each Tamper valve Each Electrical work between $10,001 and $100,000 Bid minus $10,000 multiplied by .0039 + 136 When a fee cannot be computed on the standard schedules, it shall be computed as outlined in this section up to, but not exceeding, $100,000 18.36.120 Electrical Permits - Work Exceeding $100,000 Work exceeding $100,000 but less than $250,000 $476, plus $0.4252 of 1% over $100,000 18.36.130 Work exceeding $250,000 $1,110, plus $0.1452 of 1% all work at $250,000 or more 18.36.130 $46 18.36.100 $32 18.36.100 $32 18.36.100 $32 18.36.100 $38 18.36.100 Up to 1,500 sq. feet $0.0472 18.36.100 $0.0322 18.36.100 $32 18.36.100 Multi-unit apartment building* $32 18.36.100 $13 18.36.100 $6 18.36.100 Note: Projects including multi buildings or row houses shall be computed for each building or house separately. 18.56.040 New Multi-unit apartments (excluding transient occupancies, such as hotel or motel which are classified as commercial) $0.053 18.36.100 $13 18.36.100 $6 18.36.100 Projects including multiple buildings and/or row houses Computed for each building or house separately $12 18.36.100 Power to panel for construction purposes only No issue fee 18.36.100 Individual apartments in an apartment building, or condominium units nor for occupancy $5 18.36.100 $21 18.36.100 $5 18.36.100 $37 18.36.100 $46 18.36.100 $6 18.56.040 $16 18.56.040 $48 18.56.040 $40 18.56.040 $40, plus $0.1398 per head $8 18.56.040 $40 18.56.040 $13 18.56.040 $8 18.56.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 14 Underground piping Water storage tank Each Wet standpipe Each, plus $2 each hose cabinet Fire Suppression and Monitoring Equipment Inspection Fees Standpipe Class II Fire extinguishing system hoods Fire alarm systems for monitoring Fire pumps Horn and strove for notification > 500,001, individually determined, per review hour $114 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 With voice control and emergency voice/alarm communications system add to above 1 to 50 square feet $114 18.44.030 For structures requiring a fire pump to include jockey pumps either internal combustion driven or electric $627 18.44.030 Clean gas systems $342 18.44.030 Fire alarm notification devices in all occupancies except A, with voice over: Horn and strobe for notification 1 to 26,000 square feet $228 18.44.030 Horn and strobe for notification 26,001 to 52,000 square feet $342 18.44.030 Horn and strobe for notification 52,001 to 250,000 square feet $570 18.44.030 Horn and strobe for notification 250,001 to 500,000 square feet $684 18.44.030 Two class II hose outlets are required by code, supply from automatic fire sprinkler system $114 18.44.030 Each additional pair of class II hose outlet added to any system $29 18.44.030 Water supply separate riser system (FDC) add $114 18.44.030 CO2, wet chemical, dry chemical and clean gas extinguishing agents $228 18.44.030 Hood systems, per hood $114 18.44.030 Each additional wet standpipe $114 18.44.030 Automatic dry or semi-automatic dry add to the above basic fee $57 18.44.030 Standpipe Class I high rise, 75 to 150 feet (fee is addition to fire sprinkler fee) Two automatic wet standpipes per standpipe (7 hours initial)$399 18.44.030 Each additional 1 to 50 ft in height, per standpipe $114 18.44.030 Standpipe Class III basic, 30 to 74 feet (fee is in addition to fire sprinkler fee) Per standpipe $171 18.44.030 Standpipe Class III high rise, 75 to 150 feet (fee is in addition to fire sprinkler fee) Per standpipe $228 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 Standpipe Class I basic One automatic wet standpipe, 30 to 74 feet in height $342 18.44.030 18.44.030 New water-based fire suppression systems Up to 26,000 square feet $342 18.44.030 26,001 to 52,000 square feet $684 18.44.030 Each add'l 1 to 52,000 square feet on single floor added $228 18.44.030 New interlock and non-interlock pre-action water-based fire suppression systems per riser New dry pipe system with fire sprinkler heads: 1,000 heads or less $342 (Detection system is additional)18.44.030 Per additional 1 to 500 heads $114 (Detection system is additional)18.44.030 Water supply line for fire suppression system to three fire hydrants $342 18.44.030 Each additional supply line or fire hydrant $114 18.44.030 Water-based fire suppression systems tenant improvements Change of existing fire sprinkler system from 0 to 3,000 square foot area $114 18.44.030 Each add'l 1 to 52,000 square foot area added $114 $21 18.56.040 $16 18.56.040 $16 18.56.040 Underground water main for water-based fire suppression Amended XX/XX/XXXX by Ord. XXXX - XX Page 15 per booth Housing Inspections Existing single-family dwelling Additional dwelling units on premises Each Loan Subordination Mechanical Permits Base Fee Up to and including 200,000 BTU.h Over 1,000,000 BTU.h Each additional 500,000 BTU.h or part thereof Up to and including 200,000 BTU.h Over 300,000 BTU.h Up to $1,000 contract value Greater than $1,000 contract value Each Each Each Over 2,000,000 BTU.h Each Each Re-inspection of fire suppression and monitoring equipment $112 per hour of inspector time In the event that the fire suppression and monitoring equipment does not pass the first scheduled inspection, for whatever reason, subsequent re-inspections shall be billed to the applicant 18.44.030 Paint booths $342 18.44.030 Addition to an existing system $114 18.44.030 $53 2.61.030 $46 18.52.050 Installation or relocation of each forced air or gravity type furnace or burner Including ducts or vents attached to such appliance $24 18.52.050 Over 200,000 BTU.h up to and including 300,000 BTU.h $33 18.52.050 Not more than $27 18.48.030 $12 18.48.030 Over 300,000 BTU.h up to an including 1,000,000 BTU.h $52 18.52.050 $52 18.52.050 $19 18.52.050 Installation or relocation of each floor furnace, including vent $14 18.52.050 Installation or relocation of each suspended, recessed wall or floor mounted unit heaters $19 18.52.050 Over 200,000 BTU.h up to and including 300,000 BTU.h $33 18.52.050 $52 18.52.050 For the installation, relocation or replacement of each appliance vent installed and not included on an appliance permit $14 18.52.050 For the repair of, alteration of or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system Including alteration of controls regulated by this code $33 18.52.050 $81 18.52.050 For the installation or relocation of each boiler or compressor to and including 3 horsepower, or each absorption system to and including 200,000 BTU.h $24 18.52.050 Installation or relocation of boilers: Over 200,000 BTU.h to and including 300,000 BTU.h $33 18.52.050 Over 300,000 BTU.h to and including 1,000,000 BTU.h $52 18.52.050 Over 1,000,000 BTU.h to and including 2,000,000 BTU.h $81 18.52.050 $81 Plus $17 for each additional 500,000 BTU.h or part thereof 18.52.050 Air handling unit To and including 10,000 cubic feet per minute, including ducts attached thereto $24 This fee shall not apply to air handling unit which is a portion of a factory assembled cooling unit, evaporative cooler or absorption unit for which permit is required elsewhere in this code. 18.52.050 Over 10,000 cubic feet per minute $52 18.52.050 Evaporative cooler other than portable type Up to 6,500 cubic feet per minute $19 18.52.050 More than 6,500 cubic feet per minute $52 18.52.050 Ventilation fan connected to a single duct $14 18.52.050 Ventilation system which is not a portion of any heating or air conditioning system authorized by a permit $14 18.52.050 Installation of each hood which is served by mechanical exhaust, including the ducts for each unit $33 18.52.050 Amended XX/XX/XXXX by Ord. XXXX - XX Page 16 Each Each Per mobile home space Each Each Each Each hydrant News Racks News Rack Fee Per news rack in the public right-of-way News Rack Relocation Fee Per news rack, per relocation Removal of Non-Compliant News Rack Per news rack Storage of Non-Compliant News Rack Per news rack, per day at a city facility Per news rack Plan Review Fees Installation or relocation of domestic type incinerator $19 18.52.050 Installation or relocation of commercial or industrial type incinerator $52 18.52.050 For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code $19 18.52.050 Installation or relocation of cooling towers: 1 1/2 horsepower up to and including 4 horsepower or tons $24 18.52.050 4 1/2 horsepower up to and including 10 horsepower or tons $33 18.52.050 11 horsepower or tons and over $62 18.52.050 For the purpose of calculating the rate in tons, the tonnage shall be considered not less than then the following: a. Total maximum BTU peer hour of capacity of the installation divided by 12,000 or b. The nameplate horsepower of any compressor prime mover unit or for any air conditioning installations; or c. 2/3 of the nameplate horsepower subsection A18b of this section, for any refrigeration installation Installation or relocation of compressor or absorption systems 1 1/2 horsepower to and including 4 horsepower or tons $19 18.52.050 4 horsepower to and including 5 horsepower or tons $22 18.52.050 5 horsepower to and including 6 horsepower or tons $29 18.52.050 6 horsepower to and including 7 horsepower or tons $32 18.52.050 7 horsepower to and including 8 horsepower or tons $35 18.52.050 8 horsepower to and including 9 horsepower or tons $38 18.52.050 9 horsepower to and including 10 horsepower or tons $43 18.52.050 Each additional horsepower or tons $3 18.52.050 Other appliances*$19 18.52.050 *Fee for each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in Section 18.52.050 Mobile Home Park Construction Permits General building permit - pads, patio slabs, metal sheds, curb, gutter, drives, piers, sidewalks, fence, wall. $2 18.76.050 Inspection of gas line/meter for utility clearance purposes $19 18.56.040 Electric meter stands or pedestals First 10 $6 18.76.050 Next 90 $4 18.76.050 Over 100 $2 18.76.050 Park plumbing system, including sewer and water risers $6 Per mobile home space 18.76.050 Permanent buildings, swimming pools, etc.Regular and normal fee schedule 18.76.050 Fire hydrants within property lines $6 18.76.050 Permit application $54 14.36.080 $5 $11 $313 $6 Certificate filing fee $6 14.36.110 Plan review fee 65% of building permit fee 18.32.035 Expedited building plan review Twice the cost of a standard plan review fee See Section 18.20.050 18.20.050 Condominium preliminary review $351 Per plan, plus $11 per unit 21A.56.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 17 Plumbing Permits Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Revolving Loan Application Fee Each Re - Inspection Fee Solar Panel Permit Fee 0 - 5 kW 6 - 10 kW 11 - 50 kW 51 - 100 kW Annual Annual Temporary Metering Temporary Re-locatable Office Buildings Per unit Per unit Condominium final review $229 Per plan, plus $11 per unit 21A.56.040 Renewing expired plan review One half the original plan review fee, maximum of $1,195 plus $135 per hour for review necessitated by changes in codes and ordinances, two hour minimum. See section 18.20.110 18.20.110 Base fee $46 18.56.040 Inspection of gas line/meter for utility clearance purposes $19 18.56.040 Air conditioning device discharging into the building drainage system $8 18.56.040 Change, alteration or replacement of soil, waste or vent pipe $6 18.56.040 Change or repair of a drain, waste, vent (DWV) system $10 18.56.040 Grey water system $16 18.56.040 Lawn sprinkler control valve on devices $8 18.56.040 Medical gas piping $16 18.56.040 Plumbing fixture or trap roughed in for installation or relocation $6 18.56.040 Refrigeration drain and each safe drain discharged directly or indirectly into the building drain $6 18.56.040 Roof drain $6 18.56.040 Roof drain installed inside building $6 18.56.040 Settling tank or grease trap $46 18.56.040 Soda fountain carbonator $13 18.56.040 Store, restaurant or home appliance or device connected to the culinary water supply and/or building drainage system $6 18.56.040 Vacuum breaker or backflow device on tanks, etc $8 18.56.040 Water heater $13 18.56.040 Water softener or conditioning device $13 18.56.040 $111 3.16.005 $105 18.20.200 System Size in kW Fee $209 $366 $418 $941 $35 $305 Up to 100 amp load capacity $21 18.36.110 Each additional, or part thereof, 100 amp capacity $5 18.36.110 Installation permit $90 18.84.070 Sidewalk Entertainer and Artist Registration Sidewalk Vending Cart - Revocable Land Use Fee Interior inspection $90 18.84.070 ECONOMIC DEVELOPMENT 14.38.100 5.65.030 Amended XX/XX/XXXX by Ord. XXXX - XX Page 18 Foreign Trade Zone Application Fee Additional General Purpose Zone Special Purpose Subzone (Non/minimal-manufacturing) Special Purpose Subzone (Manufacturing) Expansions Annual Fee for Operators/Subzones/Usage-Driven Sites Annual Fee for General Purpose Zone Usage-Driven Sites Gallivan Center For questions regarding Engineering Fees Contact: 801.535.6159 Service Excavation Permits Shallow Trenching Hard surfaced Other Permit within a restricted area Multiple Utility Excavation Permits Hard surfaced Other Poles - Application for Permit to Erect Utility Poles Poles and Anchors Public Survey Monuments 1st monument Additional monuments Replacement of a monument by survey Replacement of a monument by survey ties Public Way Improvements Curb and gutter Sidewalk, driveway approach Permit extension In kind Public Way Obstruction Permits Short term (5 days or less) Long term: (more than 5 days) ENGINEERING Fee Additional Information Section $0.36 Per sq. foot 14.32.400 Minimum charge $176 April 1 - November 15 14.32.400 Minimum charge $245 November 16 - March 31 14.32.400 $0.29 Per linear foot 14.32.400 Minimum charge $2,900 14.32.400 For questions regarding Economic Development fees Contact: 801.535.7200 Additional Information Section $3,659 Service $0.24 Per sq. foot 14.32.400 Minimum charge $107 April 1 - November 15 14.32.400 Minimum charge $159 November 16 - March 31 14.32.400 Permit extension $66 See Section 14.32.400 C 14.32.400 Fees double See Section 14.32.400 A3 14.32.400 Minimum charge $106 April 1 - November 15 14.32.400 Minimum charge $165 November 16 - March 31 14.32.400 Minimum charge $60 April 1 - November 15 14.32.400 Minimum charge $96 November 16 - March 31 14.32.400 $2 For each pole 14.40.030 $50 Each pole, concrete pedestal or anchor 14.32.400 $72 14.10.040 $14 In addition to the $66 fee, same application 14.10.040 $1,433 Minimum cost, see Section 14.10.090 14.10.040 $657 Minimum cost, see Section 14.10.090 14.10.040 Up to 1 block face $221 Per month (Construction barricades)14.32.410 Additional block faces $203 Each, per month (Construction barricades)14.32.410 $2 Per linear foot 14.32.405 $0.34 Per sq. foot 14.32.405 Minimum charge $165 April 1 - November 15 14.32.405 Minimum charge $236 November 16 - March 31 14.32.405 $66 14.32.405 14.32.410 $4,182 $6,796 52-2017 $1,673 $10,455 52-2017 $5,228 Landscaping Permit for Public Right of Way $18 Per job, or $80.66 Per year 2.26.210 Fee No charge See section 14.32.405 D 14.32.405 $36 Includes admission and skates Includes admission and skates Ice Skating - Adults Ice Skating - Children & Seniors $9 $8 15.16.120 15.16.120 52-2017 52-2017 52-2017 52-2017 $3,346 52-2017 Amended XX/XX/XXXX by Ord. XXXX - XX Page 19 Small Wireless Facility Fees Collation Rate Street Banners on Utility Poles Section Amusement Building Permit Single event Cost Recovery Hazardous material emergency Fire emergency Distributed Antenna System Inspection Fee EMS CHARGES EMS Billing EMS Equipment Surcharge Medical Report Healthcare Provider CPR Heartsaver CPR Courses Heartsaver CPR/AED Cards & Student Manual Manual Required ($2.50) with Card ($17) Heartsaver CPR/AED BLS Provider - Card & Student Manual Manual Required ($13.25) with Card ($2.20) Exhibit and Trade Show Permits 0 - 5,000 sq. feet Single event 5,001 - 10,000 sq. feet Single event 10,001 - 25,000 sq. feet Single event 25,001 - 50,000 sq. feet Single event 50,001 - 80,000 sq. feet Single event 80,001 - 125,000 sq. feet Single event 125,001 - 200,000 sq. feet Single event Each additional 20,000 sq. feet above 200,000 Explosive Permits Fireworks Vendor Permit for stores/tents/selling fireworks Fireworks Blasting Annual Fire System and Equipment Installation Permit Fire Watch After Hour Fireman Rate Minimal dispensing, use or storage Backup generator systems Annual Install, modify or replace a utility pole associated with a small wireless facility, where permitted under Utah Code Section 54-21-204, or its successor $261 Per wireless facility 14.56.060 Actual cost See Section 9.44.030 9.44.030 Actual cost See Section 9.48.030 9.48.030 $56 2.12.040 $56 2.12.040 $17 2.12.040 $56 2.12.040 $33 2.12.040 $19.50 2.12.040 $15.45 2.12.040 $233 Service Fee Additional Information Small cell facility to collocate a small wireless facility on an existing or replacement utility pole $105 $346 2.12.040 14.56.060Application fees Install, modify or replace a utility pole associated with a small wireless facility, where NOT permitted under Utah Code Section 54-21-204, or its successor $1,046 Per wireless facility 14.56.060 As set forth in Utah Code Section 54-21-504 14.56.070 Per wireless facility 14.56.060 For questions regarding Fire Fees Contact: 801.535.4150 2.12.040 $281 2.12.040 $376 2.12.040 $466 2.12.040 $549 2.12.040 $639 2.12.040 $729 2.12.040 $114 Single event, in addition to $610 2.12.040 $114 Fee assessed for each man hour to perform inspection during each phase of installation 2.12.040 $50 Per hour 2.12.040 $67 Per hour 2.12.040 Hazardous Materials Permits $555 2.12.040 $579 Public display outdoors 2.12.040 $758 2.12.040 $233 Annual / Solids: <500 lbs. Compressed gas: <200 cu. ft. Oxygen: <504 cu. ft. Liquids: <55 gal. 2.12.040 $173 2.12.040 $205 02.12.040 Includes 1 hour of plan review and 1 hour of post-construction inspection. Each additional hour of plan review is $125 and each additional hour of inpection is $80. FIRE $60 Application outside of boundaries of a coordinated street banner program 21A.46.170 Permit extension $239 (Construction barricades)14.32.410 Short term permit extension $48 14.32.410 Amended XX/XX/XXXX by Ord. XXXX - XX Page 20 Storage quantities exceeding minimal storage Annual Dispensing or use Body shop/garage Production and processing Annual Gas stations Annual Single event High Rise Permits Annual Annual Annual Annual Annual Annual Hospitals Annual Hot Works Operation Permit Annual National Fire Incident Report (NFIR) Open Burning Permit Place of Assembly Permits Annual Annual Annual Annual Annual Annual Annual Property Search Pyrotechnic Special Effects Materials Permit Single event Single event Re-inspection State Licensed Healthcare Facilities Annual Annual Annual Annual Temporary Membrane Structures, Tents or Canopies $287 2.12.040 $466 Annual, quantities exceeding minimum use or dispensing 2.12.040 $233 Annual, under 5,000 sq. feet 2.12.040 $579 2.12.040 $203 2.12.040 Tank installation, alteration, abandonment, removal or disposal: Up to 3 tank per site $466 2.12.040 Each additional tank $114 2.12.040 7 - 12 floors $579 2.12.040 13 - 18 floors $699 2.12.040 19 - 24 floors $812 2.12.040 25 - 30 floors $932 2.12.040 31 - 36 floors $1,051 2.12.040 37 - 42 floors $1,164 2.12.040 Over 42 floors $114 Annual; in addition to $1,011, per each additional 6 floors 2.12.040 $579 2.12.040 $173 2.12.040 $17 Per request; form or property incident search report 2.12.040 $233 Annual 2.12.040 0 - 5,000 sq. feet $233 2.12.040 5,001 - 10,000 sq. feet $346 2.12.040 10,001 - 25,000 sq. feet $496 2.12.040 25,001 - 50,000 sq. feet $669 2.12.040 50,001 - 80,000 sq. feet $842 2.12.040 80,001 - 125,000 sq. feet $1,051 2.12.040 125,001 - 200,000 sq. feet $1,338 2.12.040 Each additional 20,000 sq. feet above 200,000 $114 Annual; in addition to $1,183 2.12.040 $17 2.12.040 Flame effects $233 Before an audience; single event 2.12.040 Indoor Fireworks $233 Single event 2.12.040 1.4 grain fireworks $233 2.12.040 Theatrical display $233 2.12.040 $23 Fee assessed for each ¼ man hour to perform re- inspection, including paperwork and travel time.2.12.040 0 - 3,000 sq. feet $173 2.12.040 3,001 - 6,000 sq. feet $234 2.12.040 6,001 - 10,000 sq. feet $287 2.12.040 10,001 sq. feet or greater $346 2.12.040 Single event $173 Up to 180 days. See Also Special Events.2.12.040 Each additional structure on same site $1 See Also Special Events 2.12.040 Re-inspection of additional set up $1 1 - 2 per week. See Also Special Events 2.12.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 21 Advance Tee Time Reservations 0-8 days in advance Senior (60 year old and older) $65 Plus tax, See Section 15.16.031.A.6 $1,000 Plus tax, See Section 15.16.031.A.7 $1,500 Plus tax, See Section 15.16.031.A.8 NA Plus tax, See Section 15.16.031.A.10 NA Plus tax, See Section 15.16.031.A.9 $5 Golf Gift Cards Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee $6 $8 Sat/Sun before 12PM Birdie Passports $1,300 NA 15.16.031 Double Eagle Passports $1,900 NA 15.16.031 GOLF For questions regarding Golf Fees Contact: 801.485.7730 Service Fee Additional Information Section No fee 15.16.031 9 days to one year in advance $5.00 Per player, minimum 18 holes 15.16.031 Membership Programs Regular Junior (17 years old or younger) LoyalTee Discount Cards $75 NA 15.16.031 Golf Cart Rentals 9 Holes 18 Holes 15.16.031 Double rider $14 $28 15.16.031 Single rider $7 $14 15.16.031 Junior Annual Passport NA $550 15.16.031 Junior Summer Passport NA $350 15.16.031 Membership Card Replacement $5 $5 15.16.031 Mountain Dell Double Rider $16.00 $32.00 15.16.031 Mountain Dell Single Rider $8.00 $16.00 15.16.031 Mountain Dell Twilight Cart Double Rider N/A $24.00 15.16.031 Mountain Dell Twilight Cart Single Cart Rider N/A $12.00 15.16.031 Private Cart Trail Fee $5.00 $10.00 15.16.031 Cover rental $5.00 $10.00 15.16.031 Golf Club Rentals Regular $7 $14 15.16.031 Premium $15 $30 15.16.031 Mountain Dell Premium $20 $35 15.16.031 USGA Grant Junior Clubs $3 $6 15.16.031 Grandfathered Senior Season Golf Passes 9 Holes 18 Holes Base fee $400 See Section 15.16.031.A.2 15.16.031 Resident surcharge $3 Tax included in fee 15.16.031 Nonresident surcharge $4 Tax included in fee 15.16.031 Green Fees: As of January 1, 2012 $1.00 per 9-hole/$2.00 per 18-hole round less sales tax will be allocated to a dedicated Golf CIP fund to be used exclusively for golf course improvement projects. Actual green fees charged for seniors, juniors, school golf teams, and group rates are subject to change and may vary from the prices listed on the Consolidated Fee Schedule Green Fees - Tax included in listed green fees Time frame subject to change as needed by Golf DirectorGeneral Public Rates Courses 9 Holes 18 Holes General Public Rate Time Frame Bonneville $25.00 NA 15.16.031 Golf Gift Card Monthly Service $3 15.16.031 Bonneville $20.00 $38.00 15.16.031Mon - Fri, all day & Sat/Sun after 12PM Applied monthly after 12 months of inactivity Amended XX/XX/XXXX by Ord. XXXX - XX Page 22 All Day, Every Day All Day, Every Day All Day, Every Day All Day, Every Day All Day, Every Day All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day All Day, Every Day Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Forest Dale Re-Round $10.00 NA 15.16.031 Nibley Park Re-Round $8.00 NA 15.16.031 Forest Dale $12.00 NA $10.00 $20.00 Nibley Park $10.00 NA Forest Dale Re-Round $11.00 NA 15.16.031 Nibley Park Re-Round $9.00 NA 15.16.031 Forest Dale Re-Round $10.00 NA 15.16.031 $13.00 $26.00 15.16.031 Regular LoyalTee Program Rates Regular LoyalTee Time Frame Bonneville Nibley Park $9.00 NA 15.16.031 Nibley Park Re-Round $8.00 15.16.031 Glendale Glendale $17.00 Forest Dale $16.00 NA 15.16.031 $32.00 15.16.031 Mountain Dell $20.00 $38.00 15.16.031 Nibley Park $14.00 NA 15.16.031 Rose Park $15.00 $30.00 15.16.031 Senior Rates - Age 60 and above See Section 15.16.031.B. Courses 9 Holes 18 Holes Senior Rate Time Frame Glendale $14.00 $26.00 Bonneville $17.00 $32.00 15.16.031 Forest Dale $14.00 NA 15.16.031 15.16.031 Mountain Dell $17.00 $32.00 15.16.031 Nibley Park $12.00 NA 15.16.031 Rose Park NA 15.16.031 $22.00 15.16.031 Mountain Dell $14.00 $26.00 15.16.031 Mountain Dell $17.00 $32.00 15.16.031 Nibley Park $11.00 NA 15.16.031 Rose Park Bonneville $14.00 $26.00 $11.00 NA 15.16.031 Glendale $12.00 15.16.031 Mountain Dell Courses 9 Holes 18 Holes Forest Dale Re-Round $10.00 NA 15.16.031 Nibley Park Re-Round $8.00 NA 15.16.031 $12.00 $22.00 15.16.031 Senior LoyalTee Program Rates $17.00 $32.00 15.16.031 Forest Dale $14.00 NA 15.16.031 Glendale $14.00 $24.00 15.16.031 $13.00 $26.00 15.16.031 $18.00 15.16.031 Forest Dale $9.00 NA 15.16.031 Glendale $9.00 $17.00 15.16.031 Mountain Dell $10.00 $18.00 Rose Park $11.00 $20.00 15.16.031 Young Adult Rates - Age 18-25 Courses 9 Holes 18 Holes Young Adult Time Frame Bonneville $13.00 $26.00 15.16.031 Senior LoyalTee Time Frame 15.16.031 Forest Dale 15.16.031 Twilight Rates 15.16.031 Rose Park $10.00 $20.00 15.16.031 Junior Rates - Age 6 through Age 17 Courses 9 Holes 18 Holes Courses 9 Holes 18 Holes Junior Rates Time Frame Bonneville $10.00 15.16.031 Nibley Park $8.00 NA 15.16.031 Rose Park $8.00 $16.00 Amended XX/XX/XXXX by Ord. XXXX - XX Page 23 Tax included in fee Tax included in fee Range Balls Per bucket Per bucket 10 large buckets 20 large buckets Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Per person, plus green fees Per person, plus green fees For questions regarding HAND contact: 801.535.6533 Rehabilitation Technical Assistance Foreclosure Late Loan Payment Fee Returned Check or EFT Transfer Mortgage Insurance Depending on loan fund sourcing Loan Subordination Payoff Appraisal First Time Home Buyer Repurchase Property Inspection Fee $30 $30 Actual Charge up to $500 $128 Up To $200 Service Rehabilitation Loan 10 Bucket Range Pass $70.00 20 Bucket Range Pass $130.00 15.16.031 $10.00 NA 15.16.031 Mountain Dell NA $30.00 Time frame to be determined by course and posted in the clubhouse 15.16.031 Pull Cart Rental 9 Holes 18 Holes 2.61.030 First Time Home Buyer Application First Time Home Buyer Loan Tournament Fees/Group Fees 9 holes $5.00 15.16.031 18 holes $10.00 15.16.031 University Team Rates Courses 9 Holes 18 Holes University Team Rate Time Frame Bonneville $13.00 $26.00 15.16.031 Forest Dale Large Bucket of Range Balls $6.00 Per Bucket 15.16.031 Rose Park $10.00 $20.00 15.16.031 Nibley Park $512 4% $20 0.5% - 1.0% $51 $50 2.61.030 2.61.030 2.61.030 HOUSING AND NEIGHBORHOOD DEVELOPMENT (HAND) Additional Information Section 2.61.030 2.61.030 2.61.030 2.61.030 Fee $358 $26 $409 $358 2.61.030 A different amount may apply if specified in the loan documents 2.61.030 2.61.030 Vending Cart Application Not including Mobile Ice cream vendors 5.65.030 Vending License - Mobile Ice Cream Vendors 5.64.670 2.61.030 2.61.030 Nibley park $8.00 NA 15.16.031 $12.00 NA 15.16.031 Glendale $10.00 $20.00 15.16.031 Bonneville $10.00 $20.00 Mon. - Thurs. all day & Sat./Sun. after 12PM 15.16.031 Forest Dale $9.00 NA 15.16.031 Glendale $9.00 $18.00 15.16.031 High School Golf Team Courses 15.16.031 Premium $4.00 $8.00 15.16.031 Tax included in fee Small bucket $6.00 15.16.031 Large bucket $9.00 15.16.031 9 Holes 18 Holes School Golf Team Rate Time Frame Mountain Dell $13.00 $26.00 15.16.031 Large Bucket of Range Balls $6.00 Per Bucket 15.16.031 Rose Park $8.00 $16.00 15.16.031 15.16.031 Mountain Dell $10.00 $20.00 Regular $2.00 $4.00 15.16.031 Amended XX/XX/XXXX by Ord. XXXX - XX Page 24 For questions regarding Impact fees contact: 801.535.7712 Appeals Process Multi-Family Office Industrial Fire $171 $53 $25 $250 Park $3,078 $0 $0 $0 Police $59 $20 $10 $86 Transportation $231 $429 $297 Per 1/4 acre For questions regarding Parking and Traffic contact: 801.535.6630 One year 10 - 12 Months 9 - 11 months 7 - 9 Months 5 - 8 months 4 - 6 Months 1 - 4 Months 1 - 3 Months 5 - 8 months 4 - 6 Months 3 - 4 months 1 -3 Months Barricade Permit Electric Vehicle (EV) Level 3 Fast Charging Stations Base Fee Per Charging Event PLUS per kilowatt hour charge Electricity Charge Freight Curb Loading Zone Permit Annual; plus sticker fee Vehicle sticker Annual Vehicle sticker replacement Vehicle sticker transfer of vehicle House Number Certificate (public works) Library Parking Fees Business Parking Permit IMPACT FEES Service Fee Additional Information Section $50 18.98.090 Developers Independent Calculation Deposit $150 Could be refunded or increased based upon actual total costs.18.98.160 Impact Fees Single Family Commercial/ Retail Residential (per Unit)(Per 1,000 SF) $171 18.98.160 $5,173 18.98.090 $59 18.98.160 $330 $1,650 18.98.090 Storm Water $374 17.81.400 PARKING AND TRAFFIC Service Fee Additional Information Section Administrative Fee For Collection of Past Due Debts $52 12.56.550 Area Regular Parking Permits $41 12.64.090 $31 12.64.090 $21 12.64.090 $10 12.64.090 Area Seasonal Parking Collection $21 12.64.090 $10 12.64.090 $33 14.32.418 $2 12.56.600 $0.22 Per kilowatt hour 12.56.600 Base business license fee 12.56.330 $80 12.56.330 $6 12.56.330 $6 12.56.330 $12 14.08.040 Loading Zone & Restricted Parking Loading zone & restricted parking $28/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 Events $12/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 Library Monthly Parking $80 12.56.580 Library Daily Rates $1.50/half hour First half hour is free, $12 daily maximum 12.56.580 Filming (movie, television series or commercial)$12/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 $500 12.56.580 Amended XX/XX/XXXX by Ord. XXXX - XX Page 25 Parking Meter Rates Residential Transit Pass (Hive Pass) Annual Hive Voucher Pass Annual Hive Co-op Pass Street Name Change Application Traffic School Traffic School Traffic School - Tier II Traffic School - Tier III At the prosecutor's discretion Temporary Closure - Parking Meters Per meter, per day Temporary Placing of Bags on Parking Meters Per day Per day Vehicle Relocation Fee See Section 15.16.090 RECREATIONAL ATHLETIC FIELDS: Per Day Per Day Free Expression Activity Permit Pedestrian Crosswalk Flags Plain Orange Non-Reflective Crosswalk Flag Picnic Facility Reservations Resident Non- resident Shall not exceed $2.25 per hour 12.56.170 $350 Only available to qualifying individuals through social service agencies 3.16.060 $475 3.16.060 Monthly Hive Co-op Pass $42 3.16.060 $288 14.08.015 $65 12.08.150 $90 At the prosecutor's discretion 12.08.150 $105 12.08.150 $28 14.12.130 $28 12.56.210 During filming of a movie/television series/ commercial $12 12.56.210 For an event that continues for not less than 3 days $12 Per day/must significantly foster area business promotion and have an expected attendance exceeding 5,000 12.56.210 For a religious or charitable organization No charge Limited to 30 days per calendar year 12.56.210 For use under the direction of the city in connection with a city sponsored event No charge 12.56.210 $75 12.56.540 PARKS AND RECREATION For questions regarding Parks and Recreation contact: 801.972.7800 Service Fee Additional Information Section Tier C Field $8 15.16.010 $12 15.16.090 $20 15.16.010 *MUST TURN IN PROOF OF NON-PROFIT STATUS Proof of residency and non-profit status will count toward field priority order as in the past Tier B Field $10 After School Programs Formula based 15.16.090 Athletic Facility Reservations Recreational (Non-organized or affiliate group), one-time use Tier B field 20.00 Per hour/two hour minimum 15.16.010 Orange Reflective Crosswalk Flag with reflective markings Recreational tournaments without season reservations $215 3.50.080 $42 Per staff hour 15.16.010 $6 3.50.080 $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. Flags sponsored in school zones are receiving them at no cost. 12.76.100 $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. Flags sponsored in school zones are receiving them at no cost. 12.76.100 Recreational (Non-organized or affiliate group), one-time use Tier C field 15.00 Per hour/two hour minimum 15.16.010 Any cleaning required after field and pavilion usage Recreational tournaments with season reservations $15 $25 $108 15.16.090 Organized League Use per Hour per Field Youth Non-Profit* Adult Non-Profit* Youth & Adult For-Profit Amended XX/XX/XXXX by Ord. XXXX - XX Page 26 $48 $58 Full day $90 $119 $90 $119 Liberty Park - Rice Pavilion (AM)$48 $60 Liberty Park - Rice Pavilion (PM)$48 $60 Cottonwood Park - Pavilion $31 $41 Premier Fields Athletic Center (RAC): Fields are available for games only Youth Resident Field Rental Adult Resident Field Rental Youth Non-Resident Field Rental Adult Non-Resident Field Rental Non-Resident Stadium Field Rental Tournament Field Rental* Full Complex Rental * Does not include additional tournament fees Recreation Kit Rental Recreation kit rental - late fee Late fee day, per day Recreation kit rental - replacement fee Recreation Bag Replacement cost of bag only Volleyball Net Volleyball Replacement cost of volleyball only Baseball bat (2) Softball (2)Replacement cost per softball only Football Soccer Ball Replacement cost of soccer ball only Horseshoe Set Recreation Programs Bike bonanza Friday Night Flicks 4th of July celebration at Jordan Park Monster block party Highland bagpipe experience SLC Gets Fit Online tracking 5K Volleyball tournament International Culture Fest Seasonal Youth League Food and Beverage Service Permits Concession Stands Concession - with electricity and/or plumbing Per month Per month Half day (8am - 2pm)15.16.020 Pavilions (does not include Liberty Park Rice Pavilion and Washington Park/Mountain Dell)15.16.020 Half day (8am - 2pm)15.16.020 Half day (3pm - 10pm) Half day (3pm - 10pm)15.16.020 Weekdays, Per Hour Weekends, Per Hour Full Day Lights Per Hour $46 $56 $15 15.16.010 $66 $77 $15 15.16.010 Full day 15.16.020 No fee 15.16.090 $41 Replacement cost of horseshoe set only 15.16.020 $66 $77 $15 15.16.010 $77 $87 $15 15.16.010 Resident Stadium Field Rental $143 $159 $15 15.16.010 $159 $174 $15 15.16.010 $10 each 15.16.020 $20 Replacement cost of football only 15.16.020 $20 No fee 15.16.090 No fee 15.16.090 24th of July firework celebration at Liberty Park No fee 15.16.090 No fee 15.16.090 No fee 15.16.090 No fee 15.16.090 $16 Admission fee 15.16.090 $21 Admission fee 15.16.090 No fee 15.16.090 $60 15.16.110 Concession - temporary without electricity and/or plumbing $30 15.16.110 $51 15.16.020 $41 Replacement cost of volleyball net only 15.16.020 $20 15.16.020 $31 each Replacement cost per baseball bat only 15.16.020 $716 $41 $205 15.16.010 $15 plus sales tax Each with pavilion reservation; limit 2 per reservations 15.16.020 $6 15.16.020 15.16.010 Washington Park/Mountain Dell Pavilions (AM) Washington Park/Mountain Dell Pavilions (PM)15.16.020 $276 plus sales tax Total cost of the entire recreation kit if it needs to be replaced 15.16.020 15.16.020 Amended XX/XX/XXXX by Ord. XXXX - XX Page 27 Special Event Permit Commercially related (community events) Special Event Filming Permit Special Event Free Expression $10,000 or less per year $12 $60 $119 $179 $269 $469 $468 Indoor (bubble) Court Per court, per hour Prepaid court Per court, per hour Tournament Per court, per hour Tournament Cleaning Deposit Per Tournament Outdoor (summer) Court (12 or Less Courts Used)Per court, per hour Per court, per hour Per court, per reservation Per court, per day reservation fee Tournament Cleaning Deposit Per Tournament All Other Courts Staffing Charge Per hour over 6 hours Janitorial Rate Main lobby/gallery For profit business/individuals Glendale or Poplar Grove residents Per group Nonprofit charging a fee Nonprofit not charging fee City/Community activities More than 60% but less than or equal to 80% of the area median income $149 15.16.090 More than 80% but less than or equal to 100% of the area median income $179 15.16.090 More than 100% of the area median income $239 15.16.090 Non-residents of Salt Lake City Household income:***After School Program*Summer Program** Regardless of income or lunch status $119 3.50.080 $119 21A.42.070 15.16.060 $22 15.16.060 $13 15.16.060 $250 15.16.060 $7 15.16.060 $6 21A.42.070 YouthCity Programs: After School and Summer Programs Formula based Income Qualifications Amount per participant Residents of Salt Lake City Household income:***After School Program*Summer Program** $12 15.16.090 More than $10,000 per year but less than or equal to 42% of the area median income, or with free lunch status $42 15.16.090 More than 42% but less than or equal to 60% of the area median income, or with reduced lunch status $90 15.16.090 Court (13 or More Courts Used $10 15.16.060 $2 15.16.060 Tournament $3 $250 15.16.060 No charge 15.16.060 Unity Center - Rental rates are for 6 hour consecutive period, unless otherwise noted. For questions regarding the Unity Center contact: 801.535.6533 $28 3.50.080 $239 15.16.090 *After school program fees will be charged on a monthly basis, with the exception of the months with 12 days or less of scheduled programming which shall be half of the monthly fee, and months with 5 days or less of scheduled programming which shall be one quarter of the monthly fee, as determined by the family median income. **Summer program fees will be charged on a session basis, as determined by the family median income. ***For purpose of the after school and the summer program, area median income shall be determined based on the federal housing and urban development guidelines for the Salt Lake City metropolitan statistical area. Tennis Courts Dee Glenn Smith and Liberty Park Hours: Monday - Friday Saturday, Sunday & holidays $24 Reservation Fee 7:00am to close 8:00am to close $41 Per hour, 1 hour minimum 3.50.080 $299 Not residents of Glendale or Poplar Grove 15.16.090 $209 15.16.090 $269 15.16.090 $239 15.16.090 No charge Including community council meetings 15.16.090 Amended XX/XX/XXXX by Ord. XXXX - XX Page 28 For profit business/individuals Glendale or Poplar Grove residents Per group Nonprofit charging a fee Nonprofit not charging fee City/Community activities For profit business/individuals Glendale or Poplar Grove residents Per group Nonprofit charging a fee Nonprofit not charging fee City/Community activities Full facility rental Classroom Per hour Rental Reservation and Damage deposits Up to 75 participants More than 75 participants Equipment rental and service rates Chair riser setup Stage setup Table setup Per table Chair setup Per chair Community Art/Enrichment Classes Youth Parent/child Wedding Ceremony Permit Fee Urban Forestry For questions regarding Police fees contact: 801.799.3101 Additional Information Age 65+ exempt Age 65+ exempt Lobby $504 Not residents of Glendale or Poplar Grove 15.16.090 $418 15.16.090 $478 15.16.090 Theater - Storage or theater dark days during multi-day rentals incur the 6 hour rate per day $234 Not residents of Glendale or Poplar Grove 15.16.090 $147 15.16.090 $205 15.16.090 $176 15.16.090 No charge Including community council meetings 15.16.090 Not more than $31 15.16.090 Not more than $47 15.16.090 $179 for a 2 hour block Additional $40 per hour cleaning fee if necessary 15.16.100 $448 15.16.090 No charge Including community council meetings 15.16.090 $597 15.16.090 15.16.090 $119 15.16.090 $299 15.16.090 $29 POLICE Service Fee Section 911 Emergency Service fee See Fire Background Search and Letter Not more than $16 Age 65+ exempt/waiver available, see Section 2.10.090 2.10.080 Fingerprinting Not more than $55 2.10.010 ID Cards Not more than $55 2.10.010 Incident Reports See Additional Information Not more than the fee charged by the State of Utah for similar reports 2.64.040 The Contracted Rate This is the average cost (per inch) to purchase and plant a new tree. This fee is charged when code protected trees are removed or damaged. 3.50.080 $7 Per Hour Per Court (70% of one time use field rate)Adult Volleyball League Public Tree Work Permit $15.00 per tree or $150.00 per year Permit processing fee, to account for staff time to issue permit and update inventory.3.50.080 Tree Removal Mitigation Recreational One Time Use Fees $10 Per Hour 15.16.010 Youth Volleyball League $5 Per Hour Per Court (1/2 of one time use field rate)15.16.010 15.16.010 Volleyball Court Lighting $10 Per Hour 15.16.010 $299 15.16.090 $179 15.16.090 $6 15.16.090 $1 15.16.090 Outdoor Volleyball Court Fees at Liberty Park & Fairmont Park Amended XX/XX/XXXX by Ord. XXXX - XX Page 29 Age 65+ exempt Non-rental property Each visit Rental property, renter responsibility Each visit up to 2 visits Rental property, owner responsibility Third visit Age 65+ exempt Age 65+ exempt Vehicle booting fee Late removal of boot fee Per day after first 24 hours Boot damage or replacement fee Police Coverage during special event Per every 4 hours, plus fuel surcharge Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Maximum Per Vehicle (Notification for reporting non-consent tows) Personal Criminal History Record $6 2.10.050 Service fee for Party, Gathering, or Event $359 11.14.020 $359 For 3rd visit or more see rental property, owner responsibility 11.14.020 $120 11.14.020 Each additional visit in any 365 day period $359 11.14.020 Theft Reports Not more than $55 2.10.010 User's Security and Privacy Non-disclosure Agreement Not more than $55 2.10.050 Vehicle Booting Fee $75 12.96.025 $28 12.96.025 City's actual costs incurred Determined by the total cost(s) required by the City for replacement or repair of the immobilization device 12.96.025 Registration Fee $34 12.96.025 Sex Offender Registration Fee $25 Special Events $61 Per hour estimated on duration of event. Invoice to be trued up at the end of the event. 3.50.080 Police Special Equipment Fee (Car Charge)$7 3.50.080 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Outside $115 12.96.025 Administration Fee Towing Operational Costs: MUST COMPLY WITH STATE REGULATION R909-19 Size of tow Base Tow Rate Varies based on size of vehicle 12.96.025 Light Duty $166 There will be an additional $36.25 added for each additional 15 minutes. Any vehicle with GVWR of 10,000 lbs or less 12.96.025 Medium Duty $276 There will be an additional $60.00 added for each additional 15 minutes. Vehicles with a GVWR of 10,001 to 26,000 lbs 12.96.025 Heavy Duty $343 There will be an additional $75.00 added for each additional 15 minutes. Vehicles with a GVWR of 26,001 lbs or greater 12.96.025 Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19 Size of tow (Non-Consent Police Generated Tow)Varies based on size and location stored 12.96.025 Light Duty - Stored Inside $45 12.96.025 Light Duty - Stored Outside $40 12.96.025 Medium Duty - Stored Inside $85 12.96.025 Medium Duty - Stored Outside $60 12.96.025 Heavy Duty - Stored Inside $85 12.96.025 Heavy Duty - Stored Outside $60 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Inside $165 $35 12.96.025 Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19 Size of tow (Non-Consent Non-Police Generated Tow)Varies based on size and location stored 12.96.025 Amended XX/XX/XXXX by Ord. XXXX - XX Page 30 Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Per Day (Except vehicles held in evidence) Maximum Per Vehicle (Notification for reporting non-consent tows) $3.50 $4.00 $4.50 $5.00 $14.50 $29.00 $43.50 $58.00 $24.00 $48.00 $72.00 $96.00 $30.00 $60.00 $90.00 $120.00 Per each 30 minute time period Mayor Council File $376 $90 With Nomination $370 $90 Write - in $370 $90 Copies of Records Employee time Paper photocopies Per copy Size C blueprint Per copy Produced a microfilm printer (silver paper)Per copy From microfilm (plain paper)Per copy From a photograph Per copy Tapes or discs Incident Reports Vehicles Used in Transporting Hazardous Material - Stored Inside $165 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Outside $115 Light Duty - Stored Inside $45 12.96.025 Light Duty - Stored Outside $40 12.96.025 Medium Duty - Stored Inside $85 12.96.025 Medium Duty - Stored Outside $60 12.96.025 Heavy Duty - Stored Inside $85 12.96.025 Heavy Duty - Stored Outside $60 12.96.025 RECORDS AND ELECTIONS For questions regarding Records and Election fees contact: 801.535.7671 Service Fee Additional Information Section Candidate Filing Fees Or petition/ see Section 2.68.010 2.68.010 Or additional petition signatures/see Section 2.68.010 2.68.010 2.68.020 12.96.025 Administration Fee $35 12.96.025 Fuel Surcharge Based on Fuel Price See Utah Regulation R909-19- 15 Fuel Price Varies based on the daily Rocky Mountain Average as determined by the Department of Energy (http://www.fwccinc.com/doefuel.html). When the price of fuel reaches $3.25 per gallon, a tow truck motor carrier may charge a surcharge equal to 5% of the base tow rate. An additional 5% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate. Size of Tow Light Duty Medium Duty Heavy Duty Property Removal Fee $83 Body Cam Redaction and Video Production $37 Per Hour; Billable in quarter hour increments. No charge for the first quarter hour of staff time. 2.64.040 Not more than $20 Per hour minus the first 15 minutes compiling records as listed in Section 2.64.130A 2.64.040 Not more than $0.10 2.64.040 Not more than $1 2.64.040 Not more than $2 2.64.040 Not more than $0.10 2.64.040 Not more than $5 2.64.040 Cost of media, plus $11/hour for employee time See Section 2.64.130 2.64.040 See Additional Information Not more than the fee charged by the State of Utah for similar reports 2.64.040 GRAMA Request $20 Per Hour; Billable in quarter hour increments. Body Cam DVD $27 2.64.040 Fuel Surcharge: MUST COMPLY WITH STATE REGULATION R909-19-15 Amended XX/XX/XXXX by Ord. XXXX - XX Page 31 Mylar or Vellum Prints 24" x 36" Larger than 24" x 36" Declaration of Mutual Commitment Green Waste Recycling No additional charge No additional charge $7.50 $7.50 Glass recycling for residences $7 Garbage 40 gallon container 60 gallon container 90 gallon container Replacement or Removal of Containers Per container Authorized Waste Hauler Permit Fee Annual Per Ton Per Event Waste & Recycling - Special Events, Use of Equipment Green Waste Trailer Service Delivery & Removal $225.00 9.08.030 Not more than $6 2.64.040 Not more than $2 per square foot 2.64.040 $29 10.03.050 Termination of Declaration of Mutual Commitment No charge 10.03.030 For questions regarding Waste Collection Service fees contact: 801.535.6999 Service Fee Additional Information Section REFUSE Green Waste and Recycling Residences receiving City garbage service Charge is included in the fee for garbage,, recycling and green waste 9.08.030 Eligible recycling customers & green waste customers Per month, per container/eligible recycling customers and green waste customers are non-garbage customers who meet City's service criteria regarding access to curb and location within service route; minimum subscription 12 months. 9.08.030 Per month 9.08.030 $14.75 Per month, per container 9.08.030 $19.00 Per month, per container 9.08.030 $22.50 Per month, per container 9.08.030 When damage is caused by property owner Actual city cost to purchase container plus $11 9.08.140 When stolen and theft reported to police No charge 9.08.140 When stolen and theft not reported to police Actual city cost for purchase of container 9.08.140 With one of a different size No charge 9.08.140 Removal of containers for residences and for eligible recycling customers $11 Per container 9.08.030 WASTE & RECYCLING - SPECIAL EVENTS $315 9.08.200 Green Waste Trailer Material Contamination Fee $15 Per container 9.08.030 3.50.080Can Delivery, Removal & 1st Dump <100 cans $22 Each Can/Per Event Can Delivery, Removal & 1st Dump >100 cans $19 Each Can/Per Event 3.50.080 Recycling Can Contamination $22 Each Can/Per Event 3.50.080 Additional Can Dump Service $4 Each Can/Dump 3.50.080 Can Replacement Cost $50 Each Can/Contract Cost 3.50.080 Landfill Tipping Fee $33 3.50.080 Flat Bed Truck $24 Per Hour 3.50.080 Temporary Meter Charge Deposit $1,061 3.50.080 Leafbed/10 Wheeler $60 Per Hour 3.50.080 Loader $93 Per Hour 3.50.080 Landfill Tipping Fee (Hazardous Material)$100 Per Ton 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 32 Waste & Recycling - Special Events, Staff Costs For questions regarding Sanitary Sewer Charges contact: 801-483.6727 Customer Classifications 1 2 3 4 5 6 7 Sewer Charges TSS Total 1 $0.69 $4.34 2 $1.39 $5.64 3 $2.37 $7.62 4 $3.23 $9.58 5 $4.20 $11.48 6 $5.09 $13.43 New sewer accounts - Applicable until data required by Section 17.34.030.E.1 is received Refuse Packer $186 Per Hour 3.50.080 Trailer $3 Per Hour 3.50.080 Full-Time Employee $30 Per Hour 3.50.080 Supervisor $45 Per Hour 3.50.080 Seasonal Employee $16 Per Hour 3.50.080 Additional information on termination or suspension see Section 9.08.030F Low Income Abatement: Customers who are granted abatement for taxes on their dwelling shall be granted a 50% abatement of the minimum monthly charge per Section 9.08.030. SANITARY SEWER UTILITIES Customer Class BOD(mg/l)TSS(mg/l)Additional Information <300 <300 More than one class may apply to a customer at the same time. Customer classifications is set based on the estimated BOD and TSS discharge rate. 300 - 600 300 - 600 601 - 900 601 - 900 901 - 1,200 901 - 1,200 1,201 - 1,500 1,201 - 1,500 See Section 17.72.030.C1,501 - 1,800 1,501 - 1,800 >1,800 >1,800 Customer Class*Flow Rate BOD Additional Information Section $2.70 $0.95 Monthly service charge for customers in classes 1 to 6 equal to the greater of: 1. Cumulative flow rate, BOD rate and TSS rate set forth in the following chart per 100 cubic feet of metered water usage during winter months, or 2. Minimum charge of $8.68. All Residents will always be classified as a Class 1 category and the total sewer rate will be $4.34 per unit. Commerical customers with waste strengths higher than Class 1 may have BOD and TSS rates that are in different classes, thus their totals will not match class totals to the left. Example AAA Inc has a BOD in Class 4 and TSS in Class 2, thus the total rate is $2.70+$3.65+$1.39 = $7.74. 17.72.030 $2.70 $1.55 $2.70 $2.55 $2.70 $3.65 $2.70 $4.58 $2.70 $5.64 7 Monthly Service charge for each customer in Category Cost per Pound of Discharge ($/Pound)class 7 and all other separately monitored classes based on actual discharge strength COD $0.3077 Flow component charged at $2.70 per 100 cubic feet of metered water used during a billing period BOD $0.6155 Charge for COD, BOD, and TSS billed on TSS $0.3662 actual pounds of discharge Single $34.72 per month Based on average residential AWC of 8 ccf. 17.72.030 Duplex $34.72 per month/per dwelling unit Based on average residential AWC of 8 ccf. 17.72.030 Triplex $34.72 per month/per dwelling unit Based on average residential AWC of 8 ccf. 17.72.030 Amended XX/XX/XXXX by Ord. XXXX - XX Page 33 Connection fees on new development property: Residential single dwelling Multi-family dwellings Duplex Triplex Townhouse (apartment) Hotels and motels: Without kitchen or restaurant With a kitchen or restaurant With a kitchen and a restaurant General commercial and industrial Base on Utah plumbing code Trailer Park Recreation park Special industrial and commercial uses Residential building Commercial building Temporary sewer connections First incident Subsequent Incidents SANITARY SEWER PERMITS For questions regarding Sanitary Sewer Permits contact: 801.483.6727 17.36.220 17.36.220 Multiple dwelling $34.72 per month minimum or $2.70 per one hundred cubic feet of total water consumption whichever is highest Based on average AWC of 8 ccf. 17.72.030 All other users $34.72 per month or class average AWC by meter size times rates whichever is highest Customer Class Flow Rate Per 100 Cubic Feet 17.72.030 1 $2.70 2 $3.51 3 $4.74 4 $5.96 5 $7.14 6 $8.35 Customer class 7 Monthly service charge for each customer in class 7 and all other separately monitored classed based on actual discharge strength See Section 17.72.030 E.1.f 17.72.030 Service charge adjustment As needed to ensure equitable service charges, determined by director 17.72.030 SANITARY SEWER CONNECTION FEES For questions regarding Sanitary Sewer Connection Fees contact: 801.483.6727 Service/Size Fee Additional Information Section $545 per connection or unit Includes condominiums and twin homes single dwellings 17.72.030 Low Income Abatement: Customers who are granted abatement for taxes on their dwelling shall be granted a four dollar ($4.00) abatement of the monthly charge. $818 17.72.030 $1,226 17.72.030 $409 per unit 17.72.030 $273 per dwelling unit 17.72.030 $363 per dwelling unit 17.72.030 $363 per dwelling unit 17.72.030 $27 per each equivalent fixture unit 17.72.030 $545 per equivalent fixture unit Three trailer spaces shall equal one residential single dwelling unit 17.72.030 $545 per equivalent fixture unit Six trailer spaces shall equal one residential single dwelling 17.72.030 $27 per equivalent fixture unit, as specified in uniform plumbing code Including car washes, Laundromats,, etc.17.72.030 Sewer connection fees on property with prior development: See Section 17.72.030 17.72.030 See Section 17.72.030 Hotel, motel, industrial building, etc.17.72.030 $100 Not to exceed 24 months 17.72.030 $500 Unauthorized manhole or utility access Previous charge +$500 Amended XX/XX/XXXX by Ord. XXXX - XX Page 34 Sewer Permit Fees Sewer Construction, Connection and Repair Permits See Section 17.44.110 Pretreatment Program services For questions regarding Special Events contact: 801.535.6105 $100 Noncompliance violation fee covers fixed cost of notice of violation. Fines for violations may also apply. 17.64.040 Significant Non-compliance Violation $350 17.64.040 Service Fee Additional Information Section Sewer and miscellaneous inspection $60 17.72.030 Sewer repair inspection $30 17.72.030 Trail sewer survey $35 17.72.030 Sewer survey $130 17.72.030 Resurvey charge $35 Each Occasion Noncompliance Violation Fee Notice of Violation for Non-compliance Replacing damaged junction pipe Fee to cover the cost of the work 17.44.030 SANITARY SEWER PRETREATMENT PROGRAM For questions regarding Sanitary Sewer Pretreatment Program contact: 801.799.4002 Service Fee Additional Information Section Permit application Determined by Publically Owned treatment Works (POTW)For provisions see Section 17.52.030 17.52.040 Metering of sewage flows Based upon actual sewer meter readings 17.72.030 Installation of sewer special ways Shall be determined by the director Cannot exceed the City's actual cost plus reasonable overhead 17.72.030 Additional surveys or inspections Fee Fee to cover the cost of the work 17.44.030 Application for repairs and replacements fee Fee to cover the cost of the work 17.44.040 Trial sewer survey fee Fee to cover the cost of the work 17.44.030 Re-inspection additional fee Fee to cover the cost of the work 17.44.040 Survey stakes resetting fee Fee to cover the cost of the work 17.44.030 17.64.040 $20 17.64.040 Grease Interceptor Inspection Fee 1st trip Free 17.64.040 Additional follow up inspection $75 17.64.040 17.64.040 Opening sewer when junction pipe not available Fee to cover the cost of the work 17.44.040 COMMUNITY DEVELOPMENT - SPECIAL EVENTS Alcohol Concessions Agreement $278 Per Applications 3.50.080 Staffing Charge $28 Per hour over 6 hours 3rd trip $150 SPECIAL EVENTS Service Fee Additional Information Section Sample and analysis fees Fee to cover all cost associated with labor and testing 17.72.030 3.50.080 Janitorial Rate See Notes Fee is equal to fee charged by facilities for janitorial services 3.50.080 Grab sample 17.64.040 New Industrial Wastewater Discharge Permit $100 17.64.040 Industrial Wastewater Discharge Permit Renewal $50 17.64.040 Pretreatment Sampling Fees Manual sampling $80 17.64.040 Automatic sampler composite $50 Amended XX/XX/XXXX by Ord. XXXX - XX Page 35 Per Day Per day, 300 + participants Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Bale (cost is $15.88) Per Bag Per Yard Per Bag Per 40 lb bagWetting Agent $116 3.50.080 Weetting Agent + Organic 3-1-0 $49 Per 50 lb bag 3.50.080 $1 Using the same plan that was previously inspected. See Also Fire Code under 2.12.040 3.50.080 PARKS - SPECIAL EVENTS Site: Set Up/Takedown $69 3.50.080 Supervisor $29 3.50.080 Sr. Groundskeeper $21 3.50.080 Seasonal Employee $13 3.50.080 Plumber Tree Replacement Varies per size of tree Based on city's cost to replace damaged tree 3.50.080 Electrical Usage $0.09 Per Kilowatt Hour - $15.29 Minimum 3.50.080 Restroom Cleaning $34 Per Cleaning 3.50.080 Damage to Landscape $28 3.50.080 Fertilizer $36 3.50.080 Irrigation Tech $23 3.50.080 Irrigation Seasonal $17 3.50.080 3.50.080 Groundskeeper $15 3.50.080 Paver Replacement Paver Cleaning $300 per 1/2 day; $600 per day Based on city's cost 3.50.080 Equipment Damage and Parts Varies based on damage Based on city's cost 3.50.080 Irrigation Damage and Parts Varies based on damage Based on city's cost 3.50.080 Fuel Costs $3 3.50.080 Sod Replacement $0.31 Per Square Foot 3.50.080 Peat Moss $16 3.50.080 Lawn Seed $113 3.50.080 Top Soil $36 Backhoe $48 Per Hour 3.50.080 Blower, Backpack (Stihl)$2 Per Hour 3.50.080 Blower (Walk Behind)$7 Per Hour 3.50.080 Edger, Grass (Power Trim)$7 Per Hour 3.50.080 Use of Equipment 1 Ton Dump Truck $28 Per Hour 3.50.080 Aerator (Walk Behind)$9 Per Hour 3.50.080 Aerator, Tractor Mounted (including Tractor)$16 Per Hour 3.50.080 ATLV $15 Per Hour Leafbed/10 Wheeler $67 Per Hour 3.50.080 Loader $68 Per Hour 3.50.080 Mixer $13 Per Hour 3.50.080 Mower, Bagger (Snapper)$7 Per Hour 3.50.080 Event Fee $138 3.50.080 Staff costs 3.50.080 FIRE - TEMPORARY MEMBRANE STRUCTURES, TENTS OR CANOPIES - SPECIAL EVENTS Single event - Initial Inspection $173 Up to 180 days. See Also Fire Code under 2.12.040 Event Fee $68 Per day, 0-299 participants with minimal set up 3.50.080 3.50.080 Each additional structure on same site $1 See Also Fire Code 2.12.040 3.50.080 Re-inspection of additional setup Amended XX/XX/XXXX by Ord. XXXX - XX Page 36 Per Ton Per Event Waste & Recycling - Special Events, Use of Equipment Waste & Recycling - Special Events, Staff Costs Mower, Riding (Toro/Kubota)$16 Per Hour 3.50.080 Mower, Side Discharge (Eastman)$5 Per Hour 3.50.080 Mower, Wide Area (Jacobsen 9016)$34 Per Hour 3.50.080 Pickup Truck $14 Per Hour 3.50.080 Sprayer, Pull Behind (Including Pickup)$19 Per Hour 3.50.080 Spreader, Pull Behind (Including Pickup)$19 Per Hour 3.50.080 Sweeper, Tractor Mounted (Including $28 Per Hour 3.50.080 Track hoe $18 Per Hour 3.50.080 Plow, Jeep Mounted (Including Jeep)$12 Per Hour 3.50.080 Plow, Truck (Including Truck)$24 Per Hour 3.50.080 Pressure Washer $7 Per Hour 3.50.080 Snowthrower (Toro)$3 Per Hour 3.50.080 Van, Mower ( Including Trailer)$20 Per Hour 3.50.080 POLICE - SPECIAL EVENTS Police Coverage for Special Events $61 Per Hour, Per Officer 3.50.080 Police Secondary Employment Car Charge $7 Per Every 4 Hours, plus fuel surcharge 3.50.080 Trimmer, Hedger (Stihl)$4 Per Hour 3.50.080 Trimmer, Line (Maruyama, Echo)$14 Per Hour 3.50.080 Utility Truck (Cushman)$14 Per Hour 3.50.080 Utility Truck (Kawasaki Mule)$14 Per Hour 3.50.080 WASTE & RECYCLING - SPECIAL EVENTS 3.50.080Can Delivery, Removal & 1st Dump <100 cans $22 Each Can/Per Event Can Delivery, Removal & 1st Dump >100 cans $19 Each Can/Per Event 3.50.080 Recycling Can Contamination $22 Each Can/Per Event 3.50.080 Additional Can Dump Service $4 Each Can/Dump 3.50.080 Can Replacement Cost $50 Each Can/Contract Cost 3.50.080 Landfill Tipping Fee $33 3.50.080 Temporary Meter Charge Deposit $1,061 3.50.080 Flat Bed Truck $24 Per Hour 3.50.080 Landfill Tipping Fee (Hazardous Material)$100 Per Ton 3.50.080 Leafbed/10 Wheeler $60 Per Hour 3.50.080 Loader $93 Per Hour 3.50.080 Trailer $3 Per Hour 3.50.080 Full-Time Employee $35 Per Hour 3.50.080 Refuse Packer $186 Per Hour 3.50.080 STORM WATER Seasonal Employee $16 Per Hour 3.50.080 Supervisor $50 Per Hour 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 37 For questions regarding Storm Water contact: 801.483.6727 Per 1/4 acre, rounded up Per month Per month Per month See Section 17.81.200 See Section 17.81.200 Additional Information Per month. No bills shall be less thank one ERU Per month - residential Note: 1 ERU = 1 residential property or 75 feet of street frontage for non-residential properties. For questions regarding Water fees contact: 801.483.6900 Minimum Charge Rate Table Service Fee Additional Information Section Drainage connection fee $374 17.81.400 Storm water inspection fee $85 17.16.050 Storm Water Fees Single family residential and duplex parcels, less than 0.25 acres $5.43 17.81.200 Single family residential and duplex parcels, more than 0.25 acres $7.60 17.81.200 Triplex and fourplex residential $10.87 17.81.200 All other developed parcels $5.43 per ERU Per month, see Section 17.81.200 for formula 17.81.200 Undeveloped parcels No assessment levied 17.81.200 Parcel mitigation credit Formula based 17.81.200 Low income abatement 50% reduction to service charge See Section 17.81.200 17.81.200 Non-service abatement Formula based 17.81.200 Discharge into City Storm Water Sewer System Not to exceed $125 17.84.400 Discharge into City Storm water Sewer System Registration Fee $20 18.16.050 Discharge into City Storm Water Re-inspection Fee Not to exceed $30 17.16.050 STREET LIGHTING For questions regarding Street Lighting fees contact: 801.498.6700 Service Fee Section Base Level Lighting Services City-Wide $3.73 Per ERU 17.95.300 Enhanced Lighting Fees Group 2 Decorative Lights $15.94 per ERU Per month - residential 17.95.300 Group 3 Decorative Multi- Head Lights $43.82 per ERU Per month - commercial 17.95.300 1 - Group 1 rates apply to the existing, predominantly residential properties with a number of enhanced decorative lights; lights have generally received energy efficiency upgrades and large capital expenditures are not expected within the year. 2 - Group 2 rates apply to the existing, predominantly residential properties with a number of enhanced decorative lights; many lights require energy efficiency upgrades and large capital expenditures are scheduled within the year. 3 - Group 3 rates apply to the existing properties in the predominantly commercial area with a number of enhanced decorative lights; many lights require energy efficiency upgrades and large capital expenditures are scheduled within the year. Group 1 Decorative Lights - High Efficiency $5.67 per ERU 17.95.300 WATER Service Fee Size of connection Charge Daily Amount Monthly Amount Amended XX/XX/XXXX by Ord. XXXX - XX Page 38 City County $0.3049 $0.4117 1 inch $0.3989 $0.5385 $0.6338 $0.8555 2 inch $0.9160 $1.2366 3 inch $1.6677 $2.2515 4 inch $2.5133 $3.3932 6 inch $4.8634 $6.5656 8 inch $7.6830 $10.3721 10 inch $19.9018 $26.8675 >10 inches $3.6018 $4.8624 Water Meter Rates City County Block 1: 1-10 hundred cubic feet Block 2: 11-30 hundred Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet Block 1: 1-13 hundred cubic feet Block 2: 14-30 hundred cubic feet Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet Block 1: 1-16 hundred cubic feet Block 2: 17-30 hundred cubic feet Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet Size of connection Charge City County 3/4 inch Minimum charge $9.28 $12.53 17.16.670 1 1/2 inch Minimum charge $19.29 $26.04 17.16.670 Minimum charge $27.88 $37.64 17.16.670 Minimum charge $50.76 $68.53 17.16.670 Minimum charge 17.16.670$12.14 $16.39 Minimum charge $76.50 $103.28 17.16.670 Minimum charge $148.03 $199.84 17.16.670 Minimum charge $233.85 $315.70 17.16.670 Minimum charge $605.76 $817.78 17.16.670 Minimum charge Based proportionately on meter capacity, as determined by Public Utilities Director. Fire Hydrant $218.40 $294.83 17.16.590 Low Income Abatement: Customer who are granted abatement for taxes on their dwelling shall be granted a four dollar fifty cent ($4.50) abatement of the minimum monthly charge. 17.16.680 All rates charged are per each 100 cubic feet of water. **Summer months are April through October Account Type Amount Used Rate (Summer)Flat Rate (Winter) City County Single family residence $1.37 $1.84 $1.37 $1.84 $1.87 $2.52cubic feet (except as increased to 47.94 Cubic feet for Urban Vegetable Gardens) $2.59 $3.50 $2.76 $3.73 $1.84 $1.87 $2.52 $2.59 $3.50 $2.76 $3.73 Triplex residence $1.37 $1.84 $1.37 Duplex residence / or Single residence with Accessory Dwelling Unit $1.37 $1.84 $1.37 $1.84 $1.87 $2.52 $2.59 $3.50 $2.76 $3.73 Amended XX/XX/XXXX by Ord. XXXX - XX Page 39 0 Cubic feet Through AWC Note: City County 100 Cubic feet to target budget Over target budget Up to 300% of target budget Over 300% of target budget Per Acre Foot Per ccf 0 Cubic feet to target budget Over target budget Up to 300% of target budget Over 300% of target budget City County Range from $81.63 to $204.11 Annually NA Based on garden size $75 $75 $100 $100 $150 $150 $300 $300 $600 $600 $1.51 Note: "Secondary Irrigation account" means an account established for applying water for irrigation and landscaping secondary to the culinary water system for select municpal parks and golf courses only, as determined by the Public Utilities Director or her designee. "Target budget" means the estimated amount of water consumed per acre, as established by the Public Utilities Director or designee each year for customer based on factors including, but not limited to, evapotranspiration, and considering efficient water practices. A different target budget is established for each month of the irrigation season. Fourplex residence/Commercial and Industrial $1.49 $2.01 $1.49 $2.01 Above AWC $2.04 $2.75 through 300% of AWC Over 300% through 600% of AWC $2.84 $3.83 Over 600% of AWC $3.01 $4.06 "AWC" means average winter consumption, and is calculated as the average amount of water used by customer during the months of November through March, inclusive (a "winter period"), taking into account the highest number of complete winter periods available for that customer, up to a maximum of 3 winter periods. Any customer that at the time of calculation has not established an AWC will be assigned a class average AWC by meter size for such customer's classification. Customers with defective plumbing or unexplained deceases in usage of more than 25 percent may be adjusted back to a prior AWC, or be assigned the class average by meter size. In cases where class average is not available or is not reasonable, the Director may use other consumption information specific to such account to determine AWC. Account Type Amount Used Rate (Summer)Flat Rate (Winter) Irrigation City County Cost $1.80 $2.42 $2.50 $3.37 $1.80 $2.42 $2.66 $3.59 Note: "Irrigation account" means an account established for applying water for irrigation and landscaping only, as determined by the Public Utilities Director or designee. "Target budget" means the estimated amount of water consumed per acre, as established by the Public Utilities Director or designee each year for customer based on factors including, but not limited to, evapotranspiration, and considering efficient water practices. A different target budget is established for each month of the irrigation season. Miscellaneous Fees Urban Vegetable Garden Credit Adjustment 17.16.685 Deposit for water - residential 17.16.380 Deposit for water - business Retail, warehouse, offices 17.16.380 Deposit for water - small restaurants 17.16.380 Deposit for water - Laundromats, large restaurants 17.16.380 Account Type Amount Used Rate (Summer)Flat Rate (Winter) Secondary Irrigation Per Acre Foot Per ccf $170.18 $0.39 $389.50 $0.75 $162.08 $0.37 $654.16 Deposit for water - carwashes 17.16.380 Meter Test Fee - 5/8" to 1"$40 17.16.050 Meter Test Fee - 1 1/2" to 2"$75 17.16.050 Meter Test Fee - larger than 2"Actual costs 17.16.050 Water turn on - turn off $21 17.16.660 Amended XX/XX/XXXX by Ord. XXXX - XX Page 40 $50 $50 Subsequent incidents Canyon water surplus sales (for contracts that are not tied to the rate established by the average MWDSLS rate paid by SLC) Contract volume 800 gallons per day Contract volume 400 gallons per day Water Connection Fees - Contact 801.483.6727 (Effective January 1, 2019) Meter Size 3/4 inch 1 inch 1 inch 1 inch 1 inch 3/4 inch 1 inch 1.5 inch 2 inch 3 inch 4 inch 6 inch 8 inch 2 inch 3 inch 4 inch 6 inch 8 inch 4 inch 6 inch 8 inch 10 inch ** Cost includes actual hardware cost, inspection fees and impact fees. Fire Service Connection Charges *** Contact number 801.483.6727 Detector check Fire Lines previous charge + $500 17.16.620 Construction Water - Fill-up at Department on Public Utilities $50 Includes 4 fill-ups at Public Utilities shops Unauthorized meter, hydrant, or utility access Illegal turn on fee 17.16.660 Bankruptcy deposit Highest two monthly bills over the previous 12 months period 17.16.660 Charges for water Minimum charges apply See Section 17.16.590 17.16.590 Damage to padlock, inline lock or lock out sleeve Actual costs 17.16.050 Deposit for fire hydrant meter $1,000 $100 not refundable 17.16.050 First incident $500 17.16.620 $160.65 per year 17.04.030 $80.33 per year 17.04.030 17.04.040 Dwelling City Cost**County Cost Residential Single family $2,329.07 $3,884.30 Single family $3,884.30 $4,081.30 Duplex $3,885.30 $4,082.30 Triplex $3,886.30 $4,083.30 Fourplex $3,887.30 $4,084.30 Price upon request Price upon request Price upon request Price upon request*Price upon request* Price upon request*Price upon request* Price upon request*Price upon request* FM $37,090.93 $37,090.93 $67,447.57 $67,447.57 $104,864.63 $104,864.63 $147,025.18 $147,025.18 *For meters 4-inches and larger a water resource fee shall be added. The fee is based on the ratio of the projected usage (gpd) as determined by the AWWA M-22 method to the equivalent residential unit amount of 449 gpd multiplied by $106. 8-inch $2,575.64 17.16.050 Classification 10-inch $4,389.03 17.16.050 2-inch $355.00 17.16.050 Commercial/Industrial Compound $4,417.30 $4,800.30 $4,417.30 $4,800.30 $9,836.98 $10,574.98 $14,437.83 $15,495.83 $29,998.54 $32,158.54 $35,144.54*35,144.54* $65,547.59*$65,547.59* $100,080.54*$100,080.54* Turbo Price upon request 4-inch $355.00 17.16.050 6-inch $601.00 17.16.050 8-inch $819.00 17.16.050 Amended XX/XX/XXXX by Ord. XXXX - XX Page 41 New hydrants Per each inspection Hydrant and/or meter Per each move/kill inspection Water Meter Testing Requested by Property Owner 1 inch and smaller Meters over 1 inch When meter is found to be over-registering Cost of test borne by the city Water Used During Construction Residential Commercial Affleck Park Site Fees Single Site Per day Group area #2 Per day Group area #3 Per day Little Dell Recreation Area Site Fee Vehicle entry Per car Season pass Senior season pass City Creek Canyon Entry Fee Vehicle entry Per car Site fees for picnic areas Special Event Permits Per Day in Protected Watershed Areas (Races, walks, filming, etc) 10-inch $1,091.00 17.16.050 12-inch $1,309.00 17.16.050 $110.00 17.16.050 $110.00 17.16.050 $12.00 17.16.410 $25.00 17.16.410 No charge 17.16.410 $10.00 17.16.345 Metered rates 17.16.345 WATERSHED RECREATIONAL FEES For questions regarding Watershed Recreational fees contact: 801.483.6880 Service Fee Additional Information Section $15 17.08.030 $50 17.08.030 $100 17.08.030 $5 17.08.030 $50 17.08.030 $25 17.08.030 $3 17.08.030 $3 - $75 17.08.030 # of Participants Fee Deposit Additional Information 0 to 20 $0 $0 One toilet required per 40 participants at start. Running races over 5 miles require toilets at intermittent mile markers and aid stations (e.g. miles 1,3,5…) 17.08.030 20 to 50 $25 $50 50 to 100 $50 $100 100 to 200 $100 $200 200 to 400 $200 $500 400 to 600 $500 $1,000 600 to 1,000 $1,000 $2,000 *Over 1,000 *Contacted watershed manager Filming Fees (per day)$200 minimum to $1,000 minimum ZONING FEES For question regarding Zoning fees contact: 801.535.7700 Amended XX/XX/XXXX by Ord. XXXX - XX Page 42 Alternative Parking Amendments See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) Appearance Before the Zoning Enforcement Hearing Office Condominium Declaration of Surplus Real Property Historic Landmarks Commission Review (Application) See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) See also fee for required public notices (21A.10.010.E) Home Occupation Outdoor Dining Service Fee Additional Information Section Determination of Nonconforming Use $198 21A.38.025.4 Administrative Interpretation $66 Plus $61 per hour for research after the first hour 21A.12.040.A.6 Alley Vacation/Closure $265 Fee waiver available if adequate signatures are obtained. See also fee for required public notices (21A.10.010.E)14.52.030. A.5 Residential $397 21A.52.040 .A.3 Nonresidential $727 21A.52.040 .A.3 Master plan $992 Plus $121 per acre in excess of one acre. See also fee for required public notices (10.9a.204). Utah Code Annoted 10.9A.510 Zoning map amendment $1,058 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E).21A.50.040.B Zoning text amendment $1,058 See also fee for required public notices (21A.10.010.E)21A.50.040.B Annexation $1,323 Utah Code Annoted 10.2.401.5 Appeal of a Decision Administrative decision $265 21A.16.030.B Historic Landmark Commission $265 21A.16.030.B Planning Commission $265 21A.16.030.B First scheduled hearing No charge 21A.20.90 Second scheduled hearing $66 21A.20.90 Billboard Construction or Demolition including the demolition of a non-conforming billboard $265 21A.46.160.D.3 & 21A.46.160.L.2 Conditional Building and Site Design Review $794 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E).21A.59.070.B Conditional Use $794 See also fee for required public notices (21.A.10.010.E).21A.54.060.C Preliminary $529 Plus $37 per unit. See also fee for required public notices (21.A.10.010.E).20.56.40.B Final $397 Plus $24 per unit.20.56.40.B $396 2.58.040 Major Alterations of a principal building $33 21A.34.020 New construction of a principal building $265 21A.34.020 Demolition of a contributing principal building $529 21A.34.020 Relocation of a contributing principal building $265 21A.34.020 Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Outdoor Dining Application $28 21A.40.065 Amended XX/XX/XXXX by Ord. XXXX - XX Page 43 Signs Of building permit value Site Development Permit Plus $61 per acre in excess of one (1) acre Subdivision Preliminary Plat Subdivision Final Plat Subdivision Vacations Engineering Review and Inspection Fee 21A.40.065 Outdoor Dining Permit Fee (6 or more tables)$167 21A.40.065 Planned Development $793 Plus $121 per acre in excess of (1) acre. See also fee for required public notices (21A.10.010.E)21A.55 Based on the adopted Building Permit Fee Schedule 21A.46.030 Plan checking fee $0.12 21A.46.030 21A.46.030 Outdoor Dining Permit Fee (1-5 tables)$111 $265 18.28.040.E Special Exception $265 For historic structures, see Section 21A.34.020 and 21A.46.070V. See also fee for required public notices 21A.10.010.E)21A.52.040.A.3 Permit fee for signs Street Closure $397 See also fee for required public notices.2.58.040 Subdivision Amendments $397 Plus $121 per lot. See also fee for required public notices (20.36)20.04.120 $397 Plus $121 per lot. See also fee for required public notices (20.36)20.04.120 Inspection tag $13 Plus $121 per lot. 20.04.120 $397 See also fee for required public notices (20.36)20.04.120 5% of the 1st $100,000 of public improvements & 2% for the amount above $100,000 20.04.120 Subdivision Lot Line Adjustment $263 20.04.120 Subdivision Consolidating Lots $253 20.04.120 Temporary Uses $265 21A.42.060.B $794 Zoning Variance $397 See also fee for required public notices (21A.10.010.E)21A.18.040.B Credit Card Use Surcharge 2.35% As per applicable sections of the City and / or State Code, a fee will be assessed for required public notices. This may include sending notice by 1 st class U.S. Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation. A fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the Zoning Ordinance and State Law: Salt Lake City Code 21A.10.E and Utah State Code Annotated 10.9a.204 and 510 GENERAL FUNDS MISCELLANEOUS FEES For questions regarding General Funds Miscellaneous Fees contact: TBD Service Fee Additional Information Section This fee will be added at the register to all qualifying credit card transactions described in Section 3.16.060 of the Salt Lake City Code. **Max Galaxy, Sportsman software and Library Parking Garage does not assess the credit card charge** 3.16.060 Collection Fee $52 3.16.050 Legal Fee $201 2.75.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 44 CPI Adjustment 0.023 Salt Lake City Consolidated Fee Schedule Amended XX/XX/XXXX by Ord. XXXX - XX Page 1 such as fines and late fees; court fees; credit card processing fees; or fees required by a city contract, such as concession and franchise fees. It also may not show fees authorized by admin- istrative rules or a general delegation of authority. The City intends that future versions of this document will show such fees. Fees are generally listed by City department and the associated service. References to a "section" in the comments column means a section of the Salt Lake City Code. The code may be accessed by going to Sterlingcodifiers.com More than one fee may apply to a given set of circumstances. For answers to questions, please call the number shown at the top of each section. The fees here may change. The current consolidated fee schedule may be accessed by clicking here. The fee schedule was originally adopted by Ordinance 2011-25 and has been subsequently amended by: Salt Lake City Consolidated Fee Schedule This document shows fees charged by Salt Lake City to offset regulatory and administrative service costs. Although most City fees are shown, this consolidated fee schedule does not show penalties, Amended XX/XX/XXXX by Ord. XXXX - XX Page 2 Amended By: 5.04.070 5.48.030 5.09.010 5.56.040 5.14.040 5.60.030 Ordinance 2011-44 5.16.060 5.61.120 5.16.180 5.64.280 5.37.080 5.70.040 5.42.030 5.74.080 Ordinance 2011-75 Ordinance 2012-3 8.04.065 8.04.070 Ordinance 2012-6 Ordinance 2012-27 9.08.030 15.16.090 12.56.170 16.12.140 12.56.240 16.12.150 15.16.020 16.12.155 15.16.031 16.12.160 15.16.035 16.12.170 15.16.060 16.12.180 15.16.080 16.12.190 Ordinance 2012-54 Ordinance 2012-69 Ordinance 2012-93 17.90.020 17.95.300 Ordinance 2013-17 15.16.010 15.16.110 Ordinance 2013-28 2.12.040 3.02.020 Ordinance 2013-37 2.75.040 Ordinance 2013-38 3.16.050 Ordinance 2013-39 03.02.030 Annual CPI Adjustment Ordinance 2013-40 3.16.040 Ordinance 2013-42 15.16.020 Ordinance 2013-43 12.96.025 Ordinance 2013-51 15.24.290 Ordinance 2014-10 18.98.190 17.81.400 Ordinance 2014-27 17.16.590 17.16.670 5.51.027 15.16.090 3.16.005 12.56.600 Ordinance 2014-50 15.16.031 15.16.035 Code Sections Affected: 5.76.120 5.76.120 15.16.090 5.90.010 5.90.010 17.16.670 6.16.030 6.16.030 17.72.030 12.56.170 12.56.170 17.81.200 12.56.210 12.56.210 18.44.030 14.52.030 14.52.030 15.16.031 15.16.031 15.16.031 8.06.010 18.98.190 Ordinance 2012-44 16.56.050 16.60.120 16.56.090 17.04.030 16.56.100 17.16.670 16.56.130 17.16.680 16.56.150 17.64.040 16.56.170 17.72.030 16.56.180 18.44.030 16.60.110 21A.64.010 8.04.135 15.16.090 Ordinance 2014-41 Annual CPI Adjustment 2.12.040 3.50.020 5.16.090 15.24.120 18.98.090 18.98.160 15.16.120 Amended XX/XX/XXXX by Ord. XXXX - XX Page 3 Ordinance 2014-51 15.16.031 Ordinance 2015-01 Ordinance 2015-44 Ordinance 2015-65 5.04.070 5.15.020 Ordinance 2015-72 9.08.030 9.08.115 9.08.140 9.08.200 Ordinance 2016-01 12.96.025 Ordinance 2016-10 21A.16.010 Ordinance 2016-41 2.61.030 Ordinance 2016-43 15.16.090 Ordinance 2016-44 Ordinance 2016-45 15.16.031 15.16.035 Ordinance 2016-46 Authority to Set Municipal Fees Ordinance 2016-49 09.08.030 15.16.090 Ordinance 2016-58 5.63.050 Ordinance 2016-79 18.98.020 18.98.050 Ordinance 2017-09 12.56.00 12.28.095 Ordinance 2017-11 15.16.031 15.16.035 Ordinance 2017-22 15.16.031 Ordinance 2017-38 Ordinance 2017-52 Federal Trade Zone Ordinance 2018-11 9.08.200 Ordinance 2018-25 18.58.010 Ordinance 2018-34 Annual CPI Adjustment Ordinance 2018-42 14.56.060 14.56.070 Ordinance 2019-06 18.98.020 18.98.120 Ordinance 2019-10 16.60.065 16.64.030 Ordinance 2014-55 21A.06.030 21A.46.120 21A.06.050 21A.50 Annual CPI Adjustment 18.98.160 Amended XX/XX/XXXX by Ord. XXXX - XX Page 4 Ordinance 2019-21 8.04.390 Ordinance 2019-30 Annual CPI Adjustment Ordinance 2019-31 Ordinance 2019-32 12.56.550 12.56.580 Ordinance 2019-55 Ordinance 2020-XX Annual CPI Adjustment Amended XX/XX/XXXX by Ord. XXXX - XX Page 5 Page(s) Airport 6 - 7 Animal Services 7 Business Licensing 7 - 11 Cemetery 11 - 12 City and County Building Rental and Washington Square Use 12 Community and Neighborhoods 12 - 18 Economic Development 18 Engineering 19 Fire 20 - 23 Golf 23 - 25 HAND - Housing and Neighborhood Development 26 Impact Fees 26 Parking and Traffic 26 - 27 Parks and Recreation 27 - 31 Police 31 - 33 Records and Elections 33 - 34 Refuse 34 - 35 Sanitary Sewer Utilities 35 - 37 Special Events 38 - 40 Storm Water 40 Street Lighting 40 - 41 Water 41 - 44 Watershed Recreational 44 - 45 Zoning Fees 45 - 47 General Fund Miscellaneous Fees 47 Consolidated Fee Schedule Table of Contents Amended XX/XX/XXXX by Ord. XXXX - XX Page 6 Salt Lake City Consolidated Fee Schedule For questions regarding Airport Fees Contact: 801-575-2721 Aircraft Parking Fees 10.00 12,500 pounds to 44,999 pounds Aircraft parking fees exemption: Any person engaging in air transportation services having an assigned gate hold Aeronautical Services $250.00 Annual, per aircraft rental 100.00 $250.00 Annual 100.00 Commercial flight service permit $250.00 100.00 Commercial Flight service aircraft owner permit $250.00 100.00 $250.00 100.00 $250.00 100.00 $250.00 100.00 $250.00 100.00 $250.00 100.00 AVI Fees (Automated Vehicle Identification) 1 to 5 passengers 6 to 9 passengers 10 to 15 passengers 16 to 24 passengers > 24 passengers Campus Dwell Time 30 minutes No Cost 30-45 minutes 45-60 minutes Every 5 minutes over 60 minutes Terminal Front Dwell Time 0-20 minutes 20-30 minutes 30-40 minutes Every minute over 40 minutes Fuel Royalties Fixed-wing aircraft Parking Daily Less than 12,500 pounds $15.00 16.56.100 $30.00 16.56.090 45,000 pounds and above $60.00 16.56.100 AIRPORT Service Fee Additional Information Section Aircraft rental permit 16.56.090 Aircraft sales permit 16.56.100 Annual, per aircraft 16.56.130 Annual, per aircraft in addition to Commercial Flight Service Permit Fee 16.56.130 Flight training permit Annual, per aircraft 16.56.150 Annual, per aircraft in addition to flight training owner permit fee 16.56.150 Radio, instrument or propeller repair service permit Annual 16.56.170 Airframe and/or Power Plant Repair Annual 16.56.170 Miscellaneous business permit Annual 16.56.050 Multiple aeronautical services Any person desiring to engage in two (2) or more commercial aeronautical activities is responsible for payment of all fees as established for each aeronautical activity engaged in; however, fees for owned aircraft (as the term "owner" is defined in Section 16.04.30 of this title), will be assessed for one (1) aeronautical activity only. 16.56.180 Any Person offering any such services, or combinations thereof, shall do so under written lease or permit agreement with the City. For exemptions and other information, see Section 16.56.010. Vehicle Category Fee Set forth in current rate schedule based on Administrative Rules and Regulations 16.60.110;16.60.120 Rates established by Administrative Rules and Regulations (See Ground Transportation Rules and Regulations, Section 2.0); also see the current rate schedule. 16.56.090 $2.00 16.56.100 $10.00 16.56.090 $20.00 16.56.100 16.56.090 No Cost 16.56.100 $3.00 16.56.090 $20.00 16.56.100 $5.00 16.56.090 Cargo Carrier Ramp Use Fees Formula based See Section 16.12.170 16.12.170 $0.06 per gallon of fuel For provisions, see Section 16.12.190 16.12.190 Landing Fees Formula based See Section 16.12.160 16.12.160 For Landing Fee Exemptions: See Section 16.12.160 Off Airport In-Flight Caterers 7% of gross sales at airport Paid within 15 days of the end of each month, see Section 16.12.155 for provisions 16.12.155 Flight training aircraft owner permit Amended XX/XX/XXXX by Ord. XXXX - XX Page 7 Economy Lot Each additional hour Click N Park Daily Hourly/Daily (Parking Garage) 2.00 1.00 Walking Lot NEW NEW NEW Concierge Terminal use Fees* See Section 16.12.150 Per enplaned passenger Per use/ Use equals 3 hours Per use/ Use equals 3 hours Common use boarding bridge Per use/ Use equals 3 hours Per passenger deplaned For questions regarding Business Licensing Fees Contact: 801-535-6644 Base License Fees Before Effective Sept '20 Sept '20 Home occupation businesses $121 $124 Exempt if they have no impact to their neighborhoods.121.21 Non-home occupations $153 $157 153.43 Employee Fee $22 $23 22.18 Before Sept' 20 Effective Sept' 20 Additional Background Checks $175 $179 For business license Amusement Devices $4 $4 Annual, per device 3.58 Amusement Devices Wholesale $26 $27 Annual 26.24 Apartment Units (until 9/1/2011) Application for Certificates Public convenience and necessity $134 $137 133.63 Additional authority $134 $137 Auctioneer $131 $134 Per auctioneer 131.25 Auction House, Transient $247 $253 Per day, per business 247.04 Annual basement & baggage make-up space Formula based 16.12.140 First hour $2 12.56.240 $1 12.56.240 Daily maximum $10 12.56.240 $3 12.56.240 First hour $5 12.56.240 Common use bag claim Formula based 16.12.150 Common use ticket counter and bag make-up space Formula based Rates established by Administrative Rules and Regulations; also see the current rate schedule. Common use gates Formula based Formula based Use of international arrival building Formula based *Terminal use fee exemption: Any airline that has a valid and existing agreement with the City covering use of bag claim and terminal facilities. ANIMAL SERVICES Note: Salt Lake City contracts with Salt Lake County for Animal Services. Animal service fees are set and administered by Salt Lake County. First 30 minutes hour $5 12.56.240 Each additional 20 minutes hour $5 12.56.240 Daily maximum $35 12.56.240 Daily rate only $55 12.56.240 Annual terminal space rental Formula based See Section 16.12.150 http://slco.org/animal-services/about-us/fees-and-services/ For questions regarding Animal Service Fees Contact: 385-468-7387 BUSINESS LICENSING Service Fee Additional Information Section All Businesses pay a Base License Fee and Employee Fee as listed below 5.04.070 5.04.070 Annual, per full or part-time employee, if business has more than one employee. Additional fees may apply depending on type of business according to list below Fees with an effective date other than July 1, 2011 are indicated by two columns. 5.90.010 5.70.040 5.76.120 See Rental Dwelling 5.90.010 5.05.130 5.05.130 5.16.060 5.16.180 Each additional hour $5 12.56.240 Daily maximum $21 12.56.240 Amended XX/XX/XXXX by Ord. XXXX - XX Page 8 Automobiles Dealers $60 $61 Annual 59.66 Parts sales $112 $115 Annual 112.16 Rental agencies $26 $27 Annual 26.24 Repair $60 $61 Annual 59.66 Towing / Wrecking $20 $21 Annual 20.28 Automobile Towing/Wrecking $20 $20 Annual 19.55 Automobile Trailer Court License Banks $127 $129 Annual 126.56 Beer Licenses Before Sept' 20 Effective Sept' 20 Retail Beer $313 $320 Annual, per license 312.58 Restaurant $247 $253 Annual, per license 246.98 Bar Tavern $350 $358 Annual, per license 349.59 Special Event $247 $253 Annual, per license 246.98 Microbrew pub $247 $253 Annual, per license 246.98 Recreational facility beer $313 $320 Annual, per license 312.58 Beer Licenses Application Fee Billiards/Pool Tables $3 $4 Annual, per device 3.45 Billiards/Pool Tables - Pool Hall $24 $24 Annual 23.87 Business License Transfers Business location transfer $18 $18 Business name change $18 $18 Information Change - Non Regulated $18 $18 NEW TITLE Other related license transfers Per Section 5.02.210 Change of business address $41 $42 Change of business names $41 $42 Information Change - Regulated $41 $42 NEW TITLE Childcare Facilities $131 $134 Annual 131.25 Clothing Sales $99 $101 Annual 98.75 Construction Business $27 $27 Annual 26.62 Convalescent and Retirement Facilities $158 $161 Annual 157.55 Dance Hall $20 $20 Annual 19.97 Dance Studio Dance Restaurant Tavern Private Club Dance Hall - Public Dance Hall License Dating/Marriage Service $105 $107 105.00 Dry Cleaning and Laundry $131 $134 Annual 131.25 Electronic Goods Sales $157 $161 157.49 Engineering $26 $27 Annual 26.24 Entertainment Concert $92 $94 Annual, per exhibition room 91.86 Dance hall $20 $20 Annual, per room 20.00 Live entertainment Theater, live $131 $134 Annual, per exhibition room 131.25 Theater, motion picture Fire and Damaged Goods Sales Fireworks Inside $81 $83 Annual, per location 81.14 Outside $81 $83 Annual, per location 81.14 Fireworks Sales 5.76.120 5.76.120 5.76.120 5.76.120 5.76.120 5.76.120 Refer to base license fee listed in this section Annual per trailer, per space on premises, see section 5.86.056 5.86.056 5.76.120 5.90.010 5.90.010 5.90.010 5.90.010 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 6.08.110 5.70.040 5.76.120 5.02.210 5.02.210 5.02.210 5.02.210 5.02.210 5.76.120 5.76.120 5.76.120 5.76.120 5.90.020 Refer to base license fee listed in this section 9.04.050 5.02.210 5.02.210 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.170 Refer to base license fee listed in this section 9.04.040 Per Business 5.42.030 5.76.120 Annual 5.76.120 5.76.120 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 5.90.010 5.90.010 No charge Fee could be assessed in future as per ordinance 5.90.010 No charge Fee could be assessed in future as per ordinance 5.32.025 5.90.010 5.90.010 Refer to base license fee listed in this section Paid at least 10 days prior to opening of business. See also 2.120.040 under Fire 9.20.020 Amended XX/XX/XXXX by Ord. XXXX - XX Page 9 Furniture Sales $60 $61 Annual 59.66 Gas/Oil, Wholesale Gas $267 $273 267.26 Gas/Oil, Wholesale Businesses $26 $27 Annual 26.24 Gasoline Stations $154 $158 Annual 154.10 Government Owned Alcohol Related Business $175 $179 Annual 175.39 $131 $134 Annual 131.25 Hardware Stores $131 $134 Annual 131.25 Healthcare Facilities, Hospitals $47 $48 Annual Healthcare Services $47 $48 Annual NEW TITLE Ice Cream Truck Vehicle Inspection $30 $31 29.83 Ice Cream Truck Operator Application Fee Ice Cream Vendors $33 $34 Annual 33.40 Interior Design $26 $27 Annual 26.24 Janitorial $73 $74 Annual 72.79 Lawyers $20 $21 Annual 20.28 Licenses Requiring a Special Public Hearing $60 $61 Plus actual costs 59.92 Liquor Consumption License $27 $27 Annual, per license 26.62 Live Entertainment Concerts $20 $20 19.97 Private Club Restaurants Taverns Locksmiths Manufacturing $47 $48 Annual 46.60 Miscellaneous Services $26 $26 Annual 25.52 Motion Picture Theaters $95 $98 Annual 95.41 Numismatic and/or Bullion Dealer Nursing Home License See Section 5.86.306 Participant License Fee Pawnshop and Secondhand Dealer Pawnbroker $1,641 $1,679 Annual, per business 1,640.95 Secondhand compact disk exchange dealer $493 $504 Annual, per business 492.62 Secondhand computer exchange dealer $219 $224 Annual, per business 218.57 Pedi-cabs Private Club Licenses Application Fees Class A Class B Private Club Licenses $439 $449 Diner's Club $439 $449 Bar Establishment $439 $449 NEW TITLE $281 $287 280.71 Proprietor's License $42 $43 Per automatic amusement device 42.16 $20 $20 19.97 Rental Dwelling - Before 9/1/2011 See section 5.14.040 Rental Dwelling License with Good Landlord Certification - Effective 9/1/2011 (Per Ordinance) Dwelling units Per rental unit No CPI No CPI Rental Dwelling License without Good Landlord Certification - Effective 9/1/2011 (Per Ordinance) Dwelling units No CPI No CPI Restaurants/Cafeterias $99 $101 98.75 Retail/Wholesale Sales $47 $48 Annual 46.60 Retail Service Station 5.76.120 Annual 5.90.010 5.76.120 5.76.120 5.90.010 Grocery/Convenience Stores (including gasoline)5.76.120 5.76.120 5.76.120 5.64.740 No more than $31 5.64.580 5.90.010 5.76.120 5.76.120 5.76.120 5.02.240 6.16.030 5.76.120 Refer to base license fee listed in this section 5.28.080 Refer to base license fee listed in this section 5.28.080 Refer to base license fee listed in this section 5.28.080 5.76.120 No Charge Fee could be assessed in future as per ordinance 5.90.010 5.76.120 5.76.120 5.76.120 Refer to base license fee listed in this section See Section 5.47.030 5.47.030 Refer to base license fee listed in this section 5.86.306 Out of Doors - Restaurants & Occasional Banquets No Charge For occasional banquets, fee could be assessed in future as per ordinance 5.54.040 Refer to base license fee listed in this section 5.64.330 5.48.030 5.60.030 5.60.030 No charge Fee could be assessed in future as per ordinance 5.90.010 No charge Fee could be assessed in future as per ordinance 5.50.110 No charge Fee could be assessed in future as per ordinance 5.50.110 Class C No charge Fee could be assessed in future as per ordinance 5.50.110 Social Club Annual, per business 5.90.010 Annual, per business 5.90.010 Banquet & Catering Annual 5.90.010 5.12.050 Real Estate Agencies Annual 5.76.120 Formula based 5.14.040 $20 5.14.040 Fraternities, sororities, rooming and boarding house $20 Per room for lodging or sleeping purposes 5.14.040 Annual, per business 5.90.010 $342 Per rental unit 5.14.040 Fraternities, sororities, rooming and boarding house $342 Per room for lodging or sleeping purposes 5.14.040 Annual 5.76.120 5.76.120 Refer to base license fee listed in this section 5.86.410 Amended XX/XX/XXXX by Ord. XXXX - XX Page 10 Room Rentals (rooming houses, boarding houses and for profit residential treatment facilities) Boarding/rooming house $6 $6 5.76 Hotel $6 $6 5.76 Motel $6 $6 5.76 RV Parks and Campgrounds $26 $26 25.52 Scrap Metal Processor See Section 5.58.030 Sidewalk Entertainer and Artist Registration $34 $35 MOVED to CAN $298 $305 Annual MOVED to CAN Sexually Oriented Business Adult business $378 $387 378.34 Nude agency $984 $1,007 984.12 Nude entertainment business $378 $387 378.34 Semi-nude dance agency $381 $389 380.59 Semi nude dancing bar $292 $299 291.80 Outcall agency $1,313 $1,343 1,312.54 Adult employee (non-escort)$231 $236 230.78 Outcall non-performer (non-escort)$231 $236 230.78 Nude performer employee*$263 $269 262.95 Semi-nude dance performer*$263 $269 262.95 Semi-nude performer employee*$263 $269 262.95 Outcall performer (escort)*$984 $1,007 984.12 Sexually oriented business transfer $92 $94 92.09 Photography (adult)$184 $188 184.17 Shipping Companies $47 $48 Annual 46.60 Solicitor $131 $134 130.92 Solicitor ID Card $30 $31 29.96 Solicitor Registration $18 $18 For ID card 17.75 $271 $278 MOVED from CAN 271.41 Sporting Goods Sales $47 $48 Annual 46.60 Storage Services $60 $61 Annual 59.92 $60 $61 Per day 59.92 Temporary Merchant License See Section 5.64.310 $112 $115 112.06 Tobacco Sales License Annual Towing Operations Unmanned Kiosks $45 $47 45.49 Transportation Vehicles No Longer Process These New application $184 $188 No Longer Process These Renewal No Longer Process These Horse drawn carriage $52 $53 No Longer Process These Vehicle inspection fee $30 $31 No Longer Process These Vehicle Authorized Certificate Vending Cart Application $29 $30 Not including Mobile Ice cream vendors MOVED to HAND Vending License - Mobile Ice Cream Vendors $29 $30 MOVED to HAND Wrecker Service License Annual, per rental unit 5.56.040 Annual, per rental unit 5.56.040 Annual, per rental unit 5.56.040 Annual, per space 5.86.054 Refer to base license fee listed in this section 5.58.030 Annual 14.38.100 Sidewalk Vending Cart - Revocable Land Use Fee 5.65.030 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per business 5.61.120 Annual, per agency 5.61.120 Annual, per employee 5.61.120 Annual, per employee 5.61.120 Annual, per nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per semi-nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per semi-nude performer; for prorated formula see Section 5.90.010 5.61.120 Annual, per outcall performer; for prorated formula see section 5.90.010 5.61.120 Annual, per performer transfer 5.61.120 Annual, per photographer 5.61.120 *These fees shall be prorated as follows: If 180 days or fewer remain before the employer's license expires, the fee shall be 50% of the full fee. If 181 or more days remain before the employer's license expires, the full fee shall be charged 5.76.120 Per Individual 5.64.280 For period of time stated on card 5.64.130 5.64.430 5.76.120 5.76.120 Theater, Concert Hall, Motion Picture House or Other Place of Amusement 5.74.080 Refer to base license fee listed in this section 5.64.310 Tobacco Products - Retail Sales Annual, includes grocery and convenience stores, taverns, private clubs, hotels, motels and restaurants.5.76.120 Refer to base license fee listed in this section 5.86.480 Refer to base license fee listed in this section 5.84.140 Redbox, Best Buy, Etc Certificate of public convenience and necessity 5.90.010 Annual, per business 5.90.010 No charge 5.90.010 Annual, per carriage 5.37.080 Paid prior to licensing, per truck 5.64.740 Refer to base license fee listed in this section 5.72.170 5.65.030 5.64.670 Refer to base license fee listed in this section 5.84.040 CEMETERY Special Event - Alcohol Concession Agreement This fee is a daily rate. Rate estimated on the number of days the alcohol would be served for the Special Event Amended XX/XX/XXXX by Ord. XXXX - XX Page 11 After Hours Surcharge After 4PM any day Per hour 202.64 Saturday Per day 350.66 Sunday or holiday Per day 520.00 Burial Rights Adult Infant Resident $898 $594 878.27 580.80 Non-resident $1,467 $935 1,434.10 914.09 Continuing Care Fees Adult Infant Resident $304 $152 297.46 148.72 Non-resident $532 $268 520.00 261.63 Burial: Residents 353.90 Non-residents 622.06 Removal 564.52 Ground level 71.65 Upright 141.13 Opening and Closing Single grave:Adult Infant Residents $723 $433 Infant: 5' in length or less 706.74 423.39 Non-residents $1,264 $759 Infant: 5' in length or less 1,235.42 741.48 Removal of remains $1,445 $723 1,412.38 706.74 Double deep grave:Lower Grave Top Grave Residents $867 $723 847.87 706.74 Non-residents $1,518 $1,264 1,484.04 1,235.42 Fort Douglas cemetery 1,201.77 Jewish cemetery 1,091.05 Removal and Lowering Adult Infant Resident $2,168 $1,589 2,119.13 1,553.51 Non-resident $2,674 $1,951 2,614.16 1,907.43 Transfer of Burial Rights 43.42 Removed - Fee Not Justified Fee Deposit Activity with food $776 $478 758.85 466.81 Filming (Commercial) Fewer than 8 staff, crew and other persons $299 $597 291.86 583.72 8 - 15 staff, crew and other persons $586 $879 572.83 859.26 More than 15 staff, crew and other persons $1,253 $1,791 1,224.89 1,751.15 Filming (Religious or Charitable)As defined in Section 15.14.010 Fewer than 8 staff, crew and other persons No Charge $597 583.72 8 - 15 staff, crew and other persons No Charge $896 875.58 More than 15 staff, crew and other persons No Charge $1,780 1,740.30 Miscellaneous Meetings Regular city business hours (8am - 5pm)$26/hr $90 87.55 Non-city business hours $26/hr $90 87.55 $119 NA 116.74 Wedding Ceremony For questions regarding Cemetery fees Contact: 801.596.5020 Service Fee Additional Information Section $207 15.24.290 $359 15.24.290 $532 15.24.290 15.24.120 15.24.120 15.24.120 15.24.120 Cremains 15.24.290 $362 15.24.290 $636 15.24.290 $578 Marker Monitoring $73 15.24.290 $144 15.24.290 15.24.290 15.24.290 15.24.290 15.24.290 15.24.290 $1,229 15.24.290 $1,116 15.24.290 15.24.290 15.24.290 $44 15.24.180 Transfer of Burial Rights Continuing Care Fee $1,079 15.24.220 CITY and COUNTY BUILDING RENTAL and WASHINGTON SQUARE USE For questions regarding Building and Square fees Contact: 801.535.7280 Service Additional Information Section 15.14.020 Each 4 hour block 15.14.020 Each 4 hour block 15.14.020 Each 4 hour block 15.14.020 15.14.020 15.14.020 15.14.020 Up to 40 people, no more than three hours 15.14.020 See Section 15.14.020 15.14.020 Supplemental Charge for Exclusive Building Use 15.14.020 Amended XX/XX/XXXX by Ord. XXXX - XX Page 12 Base fee for two hours $173 $90 No food 168.88 87.55 Fee Boarding or Securing of Buildings $119 116.74 $836 Each Structure 817.20 $7 7.00 $1,433 1,400.93 $203 198.46 $203 198.46 $203 198.46 Total project valuation: $0.01 - $500.00 43.27 43.27 $2,000.01 - $25,000.00 103.27 563.27 913.27 1,413.27 $500,000.01 - $1,000,000.00 4,613.27 8,113.27 Property inspection 129.28 Pre-demolition salvage permit Demolition Permit Application Fees Building floor area: 77.57 90.50 103.53 142.21 155.15 193.91 232.71 15.14.020 See Section 15.14.010 for damage and deposit provisions, additional fees and exceptions. COMMUNITY AND NEIGHBORHOODS (CAN) For questions regarding Community Development fees Contact: 801.535.6000 Service Additional Information Section Done by city Plus actual costs, see Section 18.48.110 18.48.110 Initial (first year)18.48.140 Plumbing permit to install external irrigation hose bib, if required 18.48.140 Annual Fee Per each structure, due on or before boarding permit anniversary 18.48.180 City maintenance of building Annual, plus actual costs, see Section 18.48.270 18.48.270 City maintenance of landscaping Annual, plus actual costs, see Section 18.48.270 18.48.280 City removal of snow Annual, plus actual costs, see Section 18.48.270 18.48.290 $44.27 18.32.035 $500.01 - $2,000.00 $44.27 for the first $500 plus $4 for each additional $100 or fraction thereof, to and including $2,000 18.32.035 $104.27 for the first $2,000 plus $20 for each additional $1,000 or fraction thereof, to and including $25,000 18.32.035 Fee does not use CPI. This is a special calculation. $25,000.01 - $50,000.00 $564.27 for the first $25,000 plus $14 for each additional $1,000 or fraction thereof, to and including $50,000 18.32.035 Fee does not use CPI. This is a special calculation. $50,000.01 - $100,000.00 $914.27 for the first $50,000 plus $10 for each additional $1,000 or fraction thereof, to and including $100,000 18.32.035 Fee does not use CPI. This is a special calculation. Building Permits $100,000.01 - $500,000.00 $1,414.27 for the first $100,000 plus $8 for each additional $1,000 or fraction thereof, to and including $500,000 18.32.035 Fee does not use CPI. This is a special calculation. $4,614.27 for the first $500,000 plus $7 for each additional $1,000 or fraction thereof, to and including $1,000,000 18.32.035 Fee does not use CPI. This is a special calculation. $1,000,000.01 and up $8,114.27 for the first $1,000,000 plus $5 for each additional $1,000 or fraction thereof and above 18.32.035 Fee does not use CPI. This is a special calculation. Demolition Landscaping Waivers $132 If waiver is denied, this fee will be refunded 18.64.030 20% of demolition fee See Section 18.64.080 18.64.030 $159 18.64.030 10,001 - 12,000 sq. feet $198 18.64.030 12,001 - 14,000 sq. feet $238 18.64.030 5 - 2,000 sq. feet $79 18.64.030 2,001 - 4,000 sq. feet $93 18.64.030 4,001 - 6,000 sq. feet $106 18.64.030 6,001 - 8,000 sq. feet $145 18.64.030 8,001 - 10,000 sq. feet Building Permits Based on ACELLA NOT on Formula Amended XX/XX/XXXX by Ord. XXXX - XX Page 13 271.48 310.28 342.61 387.85 439.56 478.35 530.05 581.76 627.02 13.04 13.3401 Minimum fee (up to $1,600)31.02 Base Fee 45.24 New service or change of service Up to 100 amps 31.02 31.02 Each additional 100 amps or fraction 4.66 Motor generator installation for emergency or standby power 111.62 Above 500 kVa 165.57 465.57 476.28 1,085.62 1,110.58 Electrical Permits (Residential) Base Fee 45.24 Minor remodel and additional circuits 31.02 Service change with 1 or 2 new circuits 31.02 Service change or alteration 31.02 Homeowner electrical remodel permit 37.29 New single family dwelling Per square foot 0.0461392 Above 1,500 sq. feet Per square foot 0.0315 Total renovation of electrical systems Existing single family dwelling 31.02 1 or 2 units 31.02 3rd and 4th units Each 12.41 Additional units including house meter Each 6.21 First 3 unit Per sq. foot 0.052 4 - 10 units Each 12.41 11 units and above Each 6.21 Power panel with no issue for single occupancy buildings 11.64 14,001 - 16,000 sq. feet $278 18.64.030 16,001 - 18,000 sq. feet $317 18.64.030 18,001 - 20,000 sq. feet $350 18.64.030 $397 18.64.030 22,001 - 24,000 sq. feet $450 18.64.030 24,001 - 26,000 sq. feet $489 18.64.030 26,001 - 28,000 sq. feet $542 18.64.030 28,001 - 30,000 sq. feet $595 18.64.030 30,001 - 32,000 sq. feet $641 18.64.030 20,001 - 22,000 sq. feet Square feet over 32,000 $13 / 500 sq. ft unit 18.64.030 Electrical Permits (Commercial and Industrial) $32 18.36.120 $46 18.36.100 Alterations or repairs of 600 volt or less capacity service entrance equipment 18.36.120 $32 18.36.120 101 amps to 200 amps $32 18.36.120 $5 18.36.120 18.36.120 Up to 500 kVa $114 18.36.120 $169 18.36.120 Alternate fee schedule - Bids Under $100,000 Electrical work up to $10,000 .0166 of total valuation When a fee cannot be computed on the standard schedules, it shall be computed as outlined in this section up to, but not exceeding, $100,000 Electrical work between $10,001 and $100,000 Bid minus $10,000 multiplied by .0039 + 136 When a fee cannot be computed on the standard schedules, it shall be computed as outlined in this section up to, but not exceeding, $100,000 18.36.120 Electrical Permits - Work Exceeding $100,000 Work exceeding $100,000 but less than $250,000 $476, plus $0.4252 of 1% over $100,000 18.36.130 Work exceeding $250,000 $1,110, plus $0.1452 of 1% all work at $250,000 or more 18.36.130 $46 18.36.100 $32 18.36.100 $32 18.36.100 $32 18.36.100 $38 18.36.100 Up to 1,500 sq. feet $0.0472 18.36.100 $0.0322 18.36.100 $32 18.36.100 Multi-unit apartment building* $32 18.36.100 $13 18.36.100 $6 18.36.100 Note: Projects including multi buildings or row houses shall be computed for each building or house separately. New Multi-unit apartments (excluding transient occupancies, such as hotel or motel which are classified as commercial) $0.053 18.36.100 $13 18.36.100 $6 18.36.100 Projects including multiple buildings and/or row houses Computed for each building or house separately $12 18.36.100 Amended XX/XX/XXXX by Ord. XXXX - XX Page 14 60 Days 30 Day Extension $24 $8 23.35 8.17 Each additional meter 4.66 Electrical Temporary Metering Up to 100 amp load capacity 20.16 Each additional, or part thereof, 100 amp capacity 4.58 Fencing Permit 36.19 Fire Extinguishing Systems Base Fee 45.24 Automatic fire sprinklers in range hood or vent 6.21 Dry standpipe Plus $3 each outlet 15.51 Fire pump Each 46.54 Fire sprinkler systems: 1 to 100 sprinkler heads 38.78 Over 100 sprinkler heads $39.1973, plus $0.1398 per head 40.0988 Flow switch Each 7.76 Hood extinguishing system Each 38.78 Hydrants on private property Each 12.41 Tamper valve Each 7.76 Underground piping 20.16 Water storage tank Each 15.51 Wet standpipe Each, plus $2 each hose cabinet 15.51 Fire Suppression and Monitoring Equipment Inspection Fees MOVED from FIRE MOVED from FIRE MOVED from FIRE 334.21 MOVED from FIRE 111.41 MOVED from FIRE MOVED from FIRE 111.41 MOVED from FIRE 111.41 MOVED from FIRE MOVED from FIRE 334.21 MOVED from FIRE 668.47 MOVED from FIRE 222.81 MOVED from FIRE MOVED from FIRE 334.55 MOVED from FIRE 111.51 MOVED from FIRE MOVED from FIRE 167.12 MOVED from FIRE MOVED from FIRE 222.81 MOVED from FIRE 111.41 MOVED from FIRE MOVED from FIRE 334.21 MOVED from FIRE 111.41 MOVED from FIRE 55.72 MOVED from FIRE MOVED from FIRE 389.93 MOVED from FIRE 111.41 Each additional wet standpipe $114 18.44.030 Automatic dry or semi-automatic dry add to the above basic fee $57 18.44.030 Standpipe Class I high rise, 75 to 150 feet (fee is addition to fire sprinkler fee) Two automatic wet standpipes per standpipe (7 hours initial)$399 18.44.030 Each additional 1 to 50 ft in height, per standpipe $114 18.44.030 Standpipe Class III basic, 30 to 74 feet (fee is in addition to fire sprinkler fee) Per standpipe $171 18.44.030 Standpipe Class III high rise, 75 to 150 feet (fee is in addition to fire sprinkler fee) Per standpipe $228 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 Standpipe Class I basic One automatic wet standpipe, 30 to 74 feet in height $342 18.44.030 18.44.030 New water-based fire suppression systems Up to 26,000 square feet $342 18.44.030 26,001 to 52,000 square feet $684 18.44.030 Each add'l 1 to 52,000 square feet on single floor added $228 18.44.030 New interlock and non-interlock pre-action water-based fire suppression systems per riser New dry pipe system with fire sprinkler heads: 1,000 heads or less $342 (Detection system is additional)18.44.030 Per additional 1 to 500 heads $114 (Detection system is additional)18.44.030 Power to panel for construction purposes only No issue fee 18.36.100 Individual apartments in an apartment building, or condominium units nor for occupancy $5 18.36.100 $21 18.36.100 $5 18.36.100 $37 18.36.100 $46 18.36.100 $6 18.56.040 $16 18.56.040 $48 18.56.040 $40 18.56.040 $40, plus $0.1398 per head 18.56.040 $8 18.56.040 $40 18.56.040 $13 18.56.040 $8 18.56.040 $21 18.56.040 $16 18.56.040 $16 18.56.040 Underground water main for water-based fire suppression Water supply line for fire suppression system to three fire hydrants $342 18.44.030 Each additional supply line or fire hydrant $114 18.44.030 Water-based fire suppression systems tenant improvements Change of existing fire sprinkler system from 0 to 3,000 square foot area $114 18.44.030 Each add'l 1 to 52,000 square foot area added $114 Amended XX/XX/XXXX by Ord. XXXX - XX Page 15 Standpipe Class II MOVED from FIRE MOVED from FIRE 111.41 MOVED from FIRE 27.86 MOVED from FIRE 111.41 Fire extinguishing system hoods MOVED from FIRE MOVED from FIRE 222.81 MOVED from FIRE 111.41 Fire alarm systems for monitoring MOVED from FIRE MOVED from FIRE 334.21 MOVED from FIRE MOVED from FIRE 222.81 MOVED from FIRE 334.21 MOVED from FIRE 557.05 MOVED from FIRE 668.47 MOVED from FIRE 111.41 MOVED from FIRE 111.41 MOVED from FIRE 111.41 Fire pumps MOVED from FIRE MOVED from FIRE 612.75 per booth MOVED from FIRE 334.21 MOVED from FIRE 111.41 MOVED from FIRE 109.22 109.22 2.0752 Housing Inspections Existing single-family dwelling 27.60 28.2387 Additional dwelling units on premises Each 11.67 MOVED to Engineering Loan Subordination Mechanical Permits Base Fee 45.24 Up to and including 200,000 BTU.h 23.27 32.58 51.19 Over 1,000,000 BTU.h 51.19 Each additional 500,000 BTU.h or part thereof 18.62 13.95 Up to and including 200,000 BTU.h 18.62 32.58 Over 300,000 BTU.h 51.19 13.95 Re-inspection of fire suppression and monitoring equipment $112 per hour of inspector time In the event that the fire suppression and monitoring equipment does not pass the first scheduled inspection, for whatever reason, subsequent re-inspections shall be billed to the applicant 18.44.030 Horn and strove for notification > 500,001, individually determined, per review hour $114 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 With voice control and emergency voice/alarm communications system add to above 1 to 50 square feet $114 18.44.030 For structures requiring a fire pump to include jockey pumps either internal combustion driven or electric $627 18.44.030 Paint booths $342 18.44.030 Addition to an existing system $114 18.44.030 Clean gas systems $342 18.44.030 Fire alarm notification devices in all occupancies except A, with voice over: Horn and strobe for notification 1 to 26,000 square feet $228 18.44.030 Horn and strobe for notification 26,001 to 52,000 square feet $342 18.44.030 Horn and strobe for notification 52,001 to 250,000 square feet $570 18.44.030 Horn and strobe for notification 250,001 to 500,000 square feet $684 18.44.030 Two class II hose outlets are required by code, supply from automatic fire sprinkler system $114 18.44.030 Each additional pair of class II hose outlet added to any system $29 18.44.030 Water supply separate riser system (FDC) add $114 18.44.030 CO2, wet chemical, dry chemical and clean gas extinguishing agents $228 18.44.030 Hood systems, per hood $114 18.44.030 Not more than $27 18.48.030 $12 18.48.030 Landscaping Permit for Public Right of Way $18 Per job, or $80.66 Per year 2.26.210 $53 2.61.030 $46 18.52.050 Installation or relocation of each forced air or gravity type furnace or burner Including ducts or vents attached to such appliance $24 18.52.050 Over 200,000 BTU.h up to and including 300,000 BTU.h $33 18.52.050 Over 300,000 BTU.h up to an including 1,000,000 BTU.h $52 18.52.050 $52 18.52.050 $19 18.52.050 Installation or relocation of each floor furnace, including vent $14 18.52.050 Installation or relocation of each suspended, recessed wall or floor mounted unit heaters $19 18.52.050 Over 200,000 BTU.h up to and including 300,000 BTU.h $33 18.52.050 $52 18.52.050 For the installation, relocation or replacement of each appliance vent installed and not included on an appliance permit $14 18.52.050 For the repair of, alteration of or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit or each heating, cooling, absorption or evaporative cooling system Including alteration of controls regulated by this code Amended XX/XX/XXXX by Ord. XXXX - XX Page 16 Up to $1,000 contract value 32.58 Greater than $1,000 contract value 79.12 23.27 Each 32.58 Each 51.19 Each 79.12 Over 2,000,000 BTU.h 79.12 23.27 51.19 Each 18.62 Each 51.19 13.95 13.95 32.58 Each 18.62 Each 51.19 18.62 23.27 31.97 60.51 18.62 21.72 27.93 31.02 34.13 37.22 41.89 3.11 18.62 $33 18.52.050 $81 18.52.050 For the installation or relocation of each boiler or compressor to and including 3 horsepower, or each absorption system to and including 200,000 BTU.h $24 18.52.050 Installation or relocation of boilers: Over 200,000 BTU.h to and including 300,000 BTU.h $33 18.52.050 Over 300,000 BTU.h to and including 1,000,000 BTU.h $52 18.52.050 Over 1,000,000 BTU.h to and including 2,000,000 BTU.h $81 18.52.050 $81 Plus $17 for each additional 500,000 BTU.h or part thereof 18.52.050 Air handling unit To and including 10,000 cubic feet per minute, including ducts attached thereto $24 This fee shall not apply to air handling unit which is a portion of a factory assembled cooling unit, evaporative cooler or absorption unit for which permit is required elsewhere in this code. 18.52.050 Over 10,000 cubic feet per minute $52 18.52.050 Evaporative cooler other than portable type Up to 6,500 cubic feet per minute $19 18.52.050 More than 6,500 cubic feet per minute $52 18.52.050 Ventilation fan connected to a single duct $14 18.52.050 Ventilation system which is not a portion of any heating or air conditioning system authorized by a permit $14 18.52.050 Installation of each hood which is served by mechanical exhaust, including the ducts for each unit $33 18.52.050 Installation or relocation of domestic type incinerator $19 18.52.050 Installation or relocation of commercial or industrial type incinerator $52 18.52.050 For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code $19 18.52.050 Installation or relocation of cooling towers: 1 1/2 horsepower up to and including 4 horsepower or tons $24 18.52.050 4 1/2 horsepower up to and including 10 horsepower or tons $33 18.52.050 11 horsepower or tons and over $62 18.52.050 For the purpose of calculating the rate in tons, the tonnage shall be considered not less than then the following: a. Total maximum BTU peer hour of capacity of the installation divided by 12,000 or b. The nameplate horsepower of any compressor prime mover unit or for any air conditioning installations; or c. 2/3 of the nameplate horsepower subsection A18b of this section, for any refrigeration installation Installation or relocation of compressor or absorption systems 1 1/2 horsepower to and including 4 horsepower or tons $19 18.52.050 4 horsepower to and including 5 horsepower or tons $22 18.52.050 5 horsepower to and including 6 horsepower or tons $29 18.52.050 6 horsepower to and including 7 horsepower or tons $32 18.52.050 7 horsepower to and including 8 horsepower or tons $35 18.52.050 8 horsepower to and including 9 horsepower or tons $38 18.52.050 9 horsepower to and including 10 horsepower or tons $43 18.52.050 Each additional horsepower or tons $3 18.52.050 Other appliances*$19 18.52.050 *Fee for each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in Section 18.52.050 Mobile Home Park Construction Permits Amended XX/XX/XXXX by Ord. XXXX - XX Page 17 Per mobile home space 2.33 18.40 Each 5.84 Each 3.51 Each 2.33 5.84 Each hydrant 5.84 News Racks 53.27 News Rack Fee Per news rack in the public right-of-way 5.32 News Rack Relocation Fee Per news rack, per relocation 10.85 Removal of Non-Compliant News Rack Per news rack 306.15 Storage of Non-Compliant News Rack Per news rack, per day at a city facility 5.43 Per news rack 5.43 Plan Review Fees 342.69 224.20 1,169.33 135.4867 132.4406 1,196.2246 Plumbing Permits 45.24 18.40 Each 7.76 6.21 Each 9.30 Each 15.51 Each 7.76 Each 15.51 Each 6.21 Each 6.21 Each 6.21 Each 6.21 Each 44.81 Each 12.41 Each 6.21 Each 7.76 Each 12.41 Each 12.41 Revolving Loan Application Fee Each 108.57 General building permit - pads, patio slabs, metal sheds, curb, gutter, drives, piers, sidewalks, fence, wall. $2 18.76.050 Inspection of gas line/meter for utility clearance purposes $19 18.56.040 Electric meter stands or pedestals First 10 $6 18.76.050 Next 90 $4 18.76.050 Over 100 $2 18.76.050 Park plumbing system, including sewer and water risers $6 Per mobile home space 18.76.050 Permanent buildings, swimming pools, etc.Regular and normal fee schedule 18.76.050 Fire hydrants within property lines $6 18.76.050 Permit application $54 14.36.080 $5 $11 $313 $6 Certificate filing fee $6 14.36.110 Plan review fee 65% of building permit fee 18.32.035 Expedited building plan review Twice the cost of a standard plan review fee See Section 18.20.050 18.20.050 Condominium preliminary review $351 Per plan, plus $11 per unit 21A.56.040 Condominium final review $229 Per plan, plus $11 per unit 21A.56.040 Renewing expired plan review One half the original plan review fee, maximum of $1,195 plus $135 per hour for review necessitated by changes in codes and ordinances, two hour minimum. See section 18.20.110 18.20.110 Base fee $46 18.56.040 Inspection of gas line/meter for utility clearance purposes $19 18.56.040 Air conditioning device discharging into the building drainage system $8 18.56.040 Change, alteration or replacement of soil, waste or vent pipe $6 18.56.040 Change or repair of a drain, waste, vent (DWV) system $10 18.56.040 Grey water system $16 18.56.040 Lawn sprinkler control valve on devices $8 18.56.040 Medical gas piping $16 18.56.040 Plumbing fixture or trap roughed in for installation or relocation $6 18.56.040 Refrigeration drain and each safe drain discharged directly or indirectly into the building drain $6 18.56.040 Roof drain $6 18.56.040 Roof drain installed inside building $6 18.56.040 Settling tank or grease trap $46 18.56.040 Soda fountain carbonator $13 18.56.040 Store, restaurant or home appliance or device connected to the culinary water supply and/or building drainage system $6 18.56.040 Vacuum breaker or backflow device on tanks, etc $8 18.56.040 Water heater $13 18.56.040 Water softener or conditioning device $13 18.56.040 $111 3.16.005 Amended XX/XX/XXXX by Ord. XXXX - XX Page 18 Re - Inspection Fee 102.20 Solar Panel Permit Fee 0 - 5 kW 204.40 6 - 10 kW 357.70 11 - 50 kW 408.80 51 - 100 kW 919.80 Special Event - Alcohol Concession Agreement MOVED to Business Licensing Street Banners on Utility Poles MOVED to Engineering Sidewalk Entertainer and Artist Registration $34 $35 MOVED from Business Licensing $298 $305 Annual MOVED from Business Licensing Temporary Metering 20.16 4.66 Temporary Re-locatable Office Buildings Per unit 87.55 Per unit 87.55 Foreign Trade Zone Application Fee 3,577.00 Additional General Purpose Zone 3,270.40 Special Purpose Subzone (Non/minimal-manufacturing)4,088.00 Special Purpose Subzone (Manufacturing)6,643.00 Expansions 1,635.20 Annual Fee for Operators/Subzones/Usage-Driven Sites 10,220.00 Annual Fee for General Purpose Zone Usage-Driven Sites 5,110.00 Gallivan Center MOVED from Parks and Recreation Ice Skating - Adults MOVED from Parks and Recreation 9.01 Ice Skating - Children & Seniors MOVED from Parks and Recreation 7.89 For questions regarding Engineering Fees Contact: 801.535.6159 Service Excavation Permits Shallow Trenching Hard surfaced 0.35 171.97 239.33 Other 0.2343 105.06 155.26 $105 18.20.200 System Size in kW Fee $209 $366 $418 $941 $278 This fee is a daily rate. Rate estimated on the number of days the alcohol would be served for the Special Event $60 Application outside of boundaries of a coordinated street banner program 21A.46.170 Up to 100 amp load capacity $21 18.36.110 Each additional, or part thereof, 100 amp capacity $5 18.36.110 Installation permit $90 18.84.070 Interior inspection $90 18.84.070 ENGINEERING Fee Additional Information Section $0.36 Per sq. foot 14.32.400 Minimum charge $176 April 1 - November 15 14.32.400 Minimum charge $245 November 16 - March 31 14.32.400 $0.29 Per linear foot 14.32.400 Minimum charge $2,900 14.32.400 ECONOMIC DEVELOPMENT For questions regarding Economic Development fees Contact: 801.535.7200 Additional Information Section $3,659 Service $0.24 Per sq. foot 14.32.400 Minimum charge $107 April 1 - November 15 14.32.400 Minimum charge $159 November 16 - March 31 14.32.400 52-2017 $5,228 Fee Annual 14.38.100 Sidewalk Vending Cart - Revocable Land Use Fee 5.65.030 $9 Includes admission and skates 15.16.120 $8 Includes admission and skates 15.16.120 52-2017 52-2017 52-2017 52-2017 $3,346 52-2017 $4,182 $6,796 52-2017 $1,673 $10,455 Amended XX/XX/XXXX by Ord. XXXX - XX Page 19 64.21 Permit within a restricted area MOVED from CAN 17.37 Multiple Utility Excavation Permits Hard surfaced 103.90 161.11 Other 58.38 93.39 Poles - Application for Permit to Erect Utility Poles 1.98 Poles and Anchors 49.03 Public Survey Monuments 1st monument 70.06 Additional monuments 14.01 Replacement of a monument by survey 1,400.93 Replacement of a monument by survey ties 642.08 Public Way Improvements Curb and gutter 1.98 Sidewalk, driveway approach 0.3400 161.11 230.79 Permit extension 64.21 In kind Public Way Obstruction Permits Short term (5 days or less)35.02 Long term: (more than 5 days) 215.98 198.46 233.49 46.70 Small Wireless Facility Fees 102.20 255.50 1,022.00 Collation Rate Street Banners on Utility Poles MOVED from CAN 58.38 Section 911 Emergency Service Fee Per month for each basic local access line Amusement Building Permit Single event 338.57 Cost Recovery Hazardous material emergency Fire emergency Distributed Antenna System Inspection Fee NEW (required by Fire code, not entered for revenue generation) Install, modify or replace a utility pole associated with a small wireless facility, where permitted under Utah Code Section 54-21-204, or its successor $261 Per wireless facility 14.56.060 Actual cost See Section 9.44.030 9.44.030 Actual cost See Section 9.48.030 9.48.030 Permit extension $66 See Section 14.32.400 C 14.32.400 Fees double See Section 14.32.400 A3 14.32.400 Minimum charge $106 April 1 - November 15 14.32.400 Minimum charge $165 November 16 - March 31 14.32.400 Minimum charge $60 April 1 - November 15 14.32.400 Minimum charge $96 November 16 - March 31 14.32.400 $2 For each pole 14.40.030 $50 Each pole, concrete pedestal or anchor 14.32.400 $72 14.10.040 $14 In addition to the $66 fee, same application 14.10.040 $1,433 Minimum cost, see Section 14.10.090 14.10.040 $657 Minimum cost, see Section 14.10.090 14.10.040 Up to 1 block face $221 Per month (Construction barricades)14.32.410 Additional block faces $203 Each, per month (Construction barricades)14.32.410 $2 Per linear foot 14.32.405 $0.34 Per sq. foot 14.32.405 Minimum charge $165 April 1 - November 15 14.32.405 Minimum charge $236 November 16 - March 31 14.32.405 $66 14.32.405 14.32.410 Service Fee Additional Information Small cell facility to collocate a small wireless facility on an existing or replacement utility pole $105 $1 5.04.210 $346 2.12.040 14.56.060Application fees Install, modify or replace a utility pole associated with a small wireless facility, where NOT permitted under Utah Code Section 54-21-204, or its successor $1,046 Per wireless facility 14.56.060 As set forth in Utah Code Section 54-21-504 14.56.070 Per wireless facility 14.56.060 For questions regarding Fire Fees Contact: 801.535.4150 $205 02.12.040 Includes 1 hour of plan review and 1 hour of post-construction inspection. Each additional hour of plan review is $125 and each additional hour of inpection is $80. FIRE Landscaping Permit for Public Right of Way $18 Per job, or $80.66 Per year 2.26.210 $60 Application outside of boundaries of a coordinated street banner program 21A.46.170 Permit extension $239 (Construction barricades)14.32.410 Short term permit extension $48 14.32.410 No charge See section 14.32.405 D 14.32.405 $36 Amended XX/XX/XXXX by Ord. XXXX - XX Page 20 EMS CHARGES EMS Billing 54.28 EMS Equipment Surcharge 54.28 Medical Report 16.91 Healthcare Provider CPR 54.33 Heartsaver CPR Courses 32.60 Heartsaver CPR/AED Cards & Student Manual Manual Required ($2.50) with Card ($17) Heartsaver CPR/AED BLS Provider - Card & Student Manual Manual Required ($13.25) with Card ($2.20) Exhibit and Trade Show Permits 0 - 5,000 sq. feet Single event 227.64 5,001 - 10,000 sq. feet Single event 274.96 10,001 - 25,000 sq. feet Single event 367.76 25,001 - 50,000 sq. feet Single event 455.30 50,001 - 80,000 sq. feet Single event 537.02 80,001 - 125,000 sq. feet Single event 624.60 125,001 - 200,000 sq. feet Single event 712.14 Each additional 20,000 sq. feet above 200,000 111.41 Explosive Permits Fireworks Vendor Permit for stores/tents/selling fireworks 542.80 Fireworks 566.22 Blasting Annual 741.32 Fire Suppression and Monitoring Equipment Inspection Fees MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN Standpipe Class II MOVED to CAN $56 2.12.040 $56 2.12.040 $17 2.12.040 $56 2.12.040 $33 2.12.040 $19.50 2.12.040 $15.45 2.12.040 $233 2.12.040 $281 2.12.040 $376 2.12.040 $466 2.12.040 $549 2.12.040 $639 2.12.040 $729 2.12.040 $114 Single event, in addition to $610 2.12.040 $555 2.12.040 $579 Public display outdoors 2.12.040 $758 2.12.040 Underground water main for water-based fire suppression Water supply line for fire suppression system to three fire hydrants $342 18.44.030 Each additional supply line or fire hydrant $114 18.44.030 Water-based fire suppression systems tenant improvements Change of existing fire sprinkler system from 0 to 3,000 square foot area $114 18.44.030 Each add'l 1 to 52,000 square foot area added $114 18.44.030 New water-based fire suppression systems Up to 26,000 square feet $342 18.44.030 26,001 to 52,000 square feet $684 18.44.030 Each add'l 1 to 52,000 square feet on single floor added $228 18.44.030 New interlock and non-interlock pre-action water-based fire suppression systems per riser New dry pipe system with fire sprinkler heads: 1,000 heads or less $342 (Detection system is additional)18.44.030 Per additional 1 to 500 heads $114 (Detection system is additional)18.44.030 Standpipe Class III basic, 30 to 74 feet (fee is in addition to fire sprinkler fee) Per standpipe $171 18.44.030 Standpipe Class III high rise, 75 to 150 feet (fee is in addition to fire sprinkler fee) Per standpipe $228 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 Standpipe Class I basic One automatic wet standpipe, 30 to 74 feet in height $342 18.44.030 Each additional wet standpipe $114 18.44.030 Automatic dry or semi-automatic dry add to the above basic fee $57 18.44.030 Standpipe Class I high rise, 75 to 150 feet (fee is addition to fire sprinkler fee) Two automatic wet standpipes per standpipe (7 hours initial)$399 18.44.030 Each additional 1 to 50 ft in height, per standpipe $114 18.44.030 Amended XX/XX/XXXX by Ord. XXXX - XX Page 21 MOVED to CAN MOVED to CAN MOVED to CAN Fire extinguishing system hoods MOVED to CAN MOVED to CAN MOVED to CAN Fire alarm systems for monitoring MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN MOVED to CAN Fire pumps MOVED to CAN MOVED to CAN per booth MOVED to CAN MOVED to CAN MOVED to CAN Fire System and Equipment Installation Permit 111.41 Fire Watch 48.86 After Hour Fireman Rate 65.13 Minimal dispensing, use or storage 227.64 Backup generator systems Annual 169.28 Storage quantities exceeding minimal storage Annual 280.18 Dispensing or use 455.30 Body shop/garage 227.64 Production and processing Annual 566.22 Gas stations Annual 198.46 Single event 455.30 111.41 High Rise Permits Annual 566.22 Annual 682.96 Two class II hose outlets are required by code, supply from automatic fire sprinkler system $114 18.44.030 Each additional pair of class II hose outlet added to any system $29 18.44.030 Water supply separate riser system (FDC) add $114 18.44.030 CO2, wet chemical, dry chemical and clean gas extinguishing agents $228 18.44.030 Hood systems, per hood $114 18.44.030 Clean gas systems $342 18.44.030 Fire alarm notification devices in all occupancies except A, with voice over: Horn and strobe for notification 1 to 26,000 square feet $228 18.44.030 Horn and strobe for notification 26,001 to 52,000 square feet $342 18.44.030 Horn and strobe for notification 52,001 to 250,000 square feet $570 18.44.030 Horn and strobe for notification 250,001 to 500,000 square feet $684 18.44.030 Horn and strove for notification > 500,001, individually determined, per review hour $114 18.44.030 Each additional 1 to 50 feet in height $114 18.44.030 With voice control and emergency voice/alarm communications system add to above 1 to 50 square feet $114 18.44.030 For structures requiring a fire pump to include jockey pumps either internal combustion driven or electric $627 18.44.030 Paint booths $342 18.44.030 Addition to an existing system $114 18.44.030 Re-inspection of fire suppression and monitoring equipment $112 per hour of inspector time In the event that the fire suppression and monitoring equipment does not pass the first scheduled inspection, for whatever reason, subsequent re-inspections shall be billed to the applicant 18.44.030 $114 Fee assessed for each man hour to perform inspection during each phase of installation 2.12.040 $50 Per hour 2.12.040 $67 Per hour 2.12.040 Hazardous Materials Permits $233 Annual / Solids: <500 lbs. Compressed gas: <200 cu. ft. Oxygen: <504 cu. ft. Liquids: <55 gal. 2.12.040 $173 2.12.040 $287 2.12.040 $466 Annual, quantities exceeding minimum use or dispensing 2.12.040 $233 Annual, under 5,000 sq. feet 2.12.040 $579 2.12.040 $203 2.12.040 Tank installation, alteration, abandonment, removal or disposal: Up to 3 tank per site $466 2.12.040 Each additional tank $114 2.12.040 7 - 12 floors $579 2.12.040 13 - 18 floors $699 2.12.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 22 Annual 793.85 Annual 910.60 Annual 1,027.35 Annual 1,138.26 111.41 Hospitals Annual 566.22 Hot Works Operation Permit Annual 169.28 National Fire Incident Report (NFIR)16.90 Open Burning Permit 227.64 Place of Assembly Permits Annual 227.64 Annual 338.57 Annual 484.49 Annual 653.76 Annual 823.05 Annual 1,027.35 Annual 1,307.53 111.41 Property Search 16.90 Pyrotechnic Special Effects Materials Permit 227.64 227.64 Single event 227.64 Single event 227.64 Re-inspection 22.50 State Licensed Healthcare Facilities Annual 169.28 Annual 228.71 Annual 280.18 Annual 338.57 Temporary Membrane Structures, Tents or Canopies 169.28 1.08 1.08 Advance Tee Time Reservations 0-8 days in advance Senior (60 year old and older) $65 Plus tax, See Section 15.16.031.A.6 $60 NA $60 19 - 24 floors $812 2.12.040 25 - 30 floors $932 2.12.040 31 - 36 floors $1,051 2.12.040 37 - 42 floors $1,164 2.12.040 Over 42 floors $114 Annual; in addition to $1,011, per each additional 6 floors 2.12.040 $579 2.12.040 $173 2.12.040 $17 Per request; form or property incident search report 2.12.040 $233 Annual 2.12.040 0 - 5,000 sq. feet $233 2.12.040 5,001 - 10,000 sq. feet $346 2.12.040 10,001 - 25,000 sq. feet $496 2.12.040 25,001 - 50,000 sq. feet $669 2.12.040 50,001 - 80,000 sq. feet $842 2.12.040 80,001 - 125,000 sq. feet $1,051 2.12.040 125,001 - 200,000 sq. feet $1,338 2.12.040 Each additional 20,000 sq. feet above 200,000 $114 Annual; in addition to $1,183 2.12.040 $17 2.12.040 Single event $173 Up to 180 days. See Also Special Events.2.12.040 Each additional structure on same site $1 See Also Special Events 2.12.040 Re-inspection of additional set up $1 1 - 2 per week. See Also Special Events 2.12.040 Flame effects $233 Before an audience; single event 2.12.040 Indoor Fireworks $233 Single event 2.12.040 1.4 grain fireworks $233 2.12.040 Theatrical display $233 2.12.040 $23 Fee assessed for each ¼ man hour to perform re- inspection, including paperwork and travel time.2.12.040 LoyalTee Discount Cards $75 NA 15.16.031 0 - 3,000 sq. feet $173 2.12.040 3,001 - 6,000 sq. feet $234 2.12.040 6,001 - 10,000 sq. feet $287 2.12.040 10,001 sq. feet or greater $346 2.12.040 GOLF For questions regarding Golf Fees Contact: 801.485.7730 Service Fee Additional Information Section No fee 15.16.031 9 days to one year in advance $5.00 Per player, minimum 18 holes 15.16.031 Membership Programs Regular Junior (17 years old or younger) Amended XX/XX/XXXX by Ord. XXXX - XX Page 23 $1,000 Plus tax, See Section 15.16.031.A.7 $1,100 NA $850 NA Plus tax, See Section 16.16.031.A.11 $1,500 Plus tax, See Section 15.16.031.A.8 $1,700 NA $1,300 $600 Plus tax $500 Plus tax NA Plus tax, See Section 15.16.031.A.10 NA Plus tax, See Section 15.16.031.A.9 NA 275.00 NA NA Plus tax $5 Golf Gift Cards Tax included in fee Tax included in fee Tax inlcuded in fee Tax inlcuded in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee Tax included in fee $6 $8 19.00 38.00 Sat/Sun before 12PM 24.00 NA All Day, Every Day 16.00 NA All Day, Every Day 16.00 32.00 All Day, Every Day 19.00 38.00 All Day, Every Day All Day, Every Day NEW All Day, Every Day NEW Forest Dale Re-Round $11.00 NA 15.16.031 Nibley Park Re-Round $9.00 NA 15.16.031 Birdie Passports $1,300 NA 15.16.031 Corporate VIP Passport (up to 4 players)$12,000 NA 15.16.031 Double Eagle Passports $1,900 NA 15.16.031 Glendale/Rose Park $700 NA 15.16.031 Forest Dale/Nibley $550 NA 15.16.031 Junior Annual Passport NA $550 15.16.031 Junior Summer Passport NA $350 15.16.031 Rose Park Practice Pass $200 NA 15.16.031 Membership Card Replacement $5 $5 15.16.031 Golf Cart Rentals 9 Holes 18 Holes 15.16.031 Double rider $14 $28 15.16.031 Single rider $7 $14 15.16.031 Rose Park Weekday Double $10.00 $20.00 15.16.031 Rose Park Weekday Single $5.00 $10.00 15.16.031 Mountain Dell Double Rider $16.00 $32.00 15.16.031 Mountain Dell Single Rider $8.00 $16.00 15.16.031 Mountain Dell Twilight Cart Double Rider N/A $24.00 15.16.031 Mountain Dell Twilight Cart Single Cart Rider N/A $12.00 15.16.031 Private Cart Trail Fee $5.00 $10.00 15.16.031 Cover rental $5.00 $10.00 15.16.031 Golf Club Rentals Regular $7 $14 15.16.031 Premium $15 $30 15.16.031 Mountain Dell Premium $20 $35 15.16.031 USGA Grant Junior Clubs $3 $6 15.16.031 Grandfathered Senior Season Golf Passes 9 Holes 18 Holes Base fee $400 See Section 15.16.031.A.2 15.16.031 Resident surcharge $3 Tax included in fee 15.16.031 Nonresident surcharge $4 Tax included in fee 15.16.031 Green Fees: As of January 1, 2012 $1.00 per 9-hole/$2.00 per 18-hole round less sales tax will be allocated to a dedicated Golf CIP fund to be used exclusively for golf course improvement projects. Actual green fees charged for seniors, juniors, school golf teams, and group rates are subject to change and may vary from the prices listed on the Consolidated Fee Schedule Green Fees - Tax included in listed green fees Time frame subject to change as needed by Golf DirectorGeneral Public Rates Courses 9 Holes 18 Holes General Public Rate Time Frame Glendale $17.00 Bonneville $25.00 NA 15.16.031 Forest Dale $16.00 NA 15.16.031 $32.00 15.16.031 Mountain Dell $20.00 $38.00 15.16.031 Nibley Park $14.00 NA 15.16.031 Rose Park $15.00 $30.00 15.16.031 Golf Gift Card Monthly Service $3 15.16.031 Bonneville $20.00 $38.00 15.16.031Mon - Fri, all day & Sat/Sun after 12PM Applied monthly after 12 months of inactivity Amended XX/XX/XXXX by Ord. XXXX - XX Page 24 Mon - Fri, all day & Sat/Sun after 12PM 15.50 31.00 Mon - Fri, all day & Sat/Sun after 12PM 13.00 NA Mon - Fri, all day & Sat/Sun after 12PM 13.00 26.00 Mon - Fri, all day & Sat/Sun after 12PM 15.50 31.00 Mon - Fri, all day & Sat/Sun after 12PM 11.00 NA Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day NEW All Day, Every Day NEW Mon - Fri, all day & Sat/Sun after 12PM 16.00 32.00 Mon - Fri, all day & Sat/Sun after 12PM 13.00 NA Mon - Fri, all day & Sat/Sun after 12PM 13.00 24.00 All Day, Every Day 16.00 32.00 Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day NEW All Day, Every Day NEW Mon - Fri, all day & Sat/Sun after 12PM 13.00 26.00 Mon - Fri, all day & Sat/Sun after 12PM 10.00 NA Mon - Fri, all day & Sat/Sun after 12PM 11.00 20.00 All Day, Every Day 13.00 26.00 Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM All Day, Every Day NEW All Day, Every Day NEW Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Tax included in fee Tax included in fee Range Balls Per bucket Per bucket Forest Dale Re-Round $10.00 NA 15.16.031 Nibley Park Re-Round $8.00 NA 15.16.031 Forest Dale $12.00 NA $10.00 $20.00 15.16.031 Nibley Park $10.00 NA Forest Dale Re-Round $10.00 NA 15.16.031 $13.00 $26.00 15.16.031 Regular LoyalTee Program Rates Regular LoyalTee Time Frame Bonneville Nibley Park $9.00 NA 15.16.031 Nibley Park Re-Round $8.00 15.16.031 Glendale Senior Rates - Age 60 and above See Section 15.16.031.B. Courses 9 Holes 18 Holes Senior Rate Time Frame Glendale $14.00 $26.00 Bonneville $17.00 $32.00 15.16.031 Forest Dale $14.00 NA 15.16.031 15.16.031 Mountain Dell $17.00 $32.00 15.16.031 Nibley Park $12.00 NA 15.16.031 Rose Park NA 15.16.031 $22.00 15.16.031 Mountain Dell $14.00 $26.00 15.16.031 Mountain Dell $17.00 $32.00 15.16.031 Nibley Park $11.00 NA 15.16.031 Rose Park Bonneville $14.00 $26.00 $11.00 NA 15.16.031 Glendale $12.00 Forest Dale 15.16.031 Mountain Dell Courses 9 Holes 18 Holes Forest Dale Re-Round $10.00 NA 15.16.031 Nibley Park Re-Round $8.00 NA 15.16.031 $12.00 $22.00 15.16.031 Senior LoyalTee Program Rates $17.00 $32.00 15.16.031 Forest Dale $14.00 NA 15.16.031 Glendale $14.00 $24.00 15.16.031 $13.00 $26.00 $10.00 $18.00 15.16.031 Forest Dale $9.00 NA 15.16.031 Glendale $9.00 $17.00 15.16.031 Mountain Dell $10.00 $18.00 Rose Park $11.00 $20.00 15.16.031 Young Adult Rates - Age 18-25 Courses 9 Holes 18 Holes Young Adult Time Frame Bonneville $13.00 $26.00 15.16.031 Senior LoyalTee Time Frame 15.16.031 15.16.031 Twilight Rates Mountain Dell NA $30.00 Time frame to be determined by course and posted in the clubhouse 15.16.031 Pull Cart Rental 9 Holes 18 Holes 15.16.031 Rose Park $10.00 $20.00 15.16.031 Junior Rates - Age 6 through Age 17 Courses 9 Holes 18 Holes Courses 9 Holes 18 Holes Junior Rates Time Frame Bonneville Tax included in fee Small bucket $6.00 15.16.031 Large bucket $9.00 15.16.031 15.16.031 Nibley Park $8.00 NA 15.16.031 Rose Park $8.00 $16.00 Regular $2.00 $4.00 15.16.031 Premium $4.00 $8.00 15.16.031 Amended XX/XX/XXXX by Ord. XXXX - XX Page 25 10 large buckets 10 large buckets NEW 20 large buckets NEW Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon. - Thurs. all day & Sat./Sun. after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Mon - Fri, all day & Sat/Sun after 12PM Per person, plus green fees Per person, plus green fees For questions regarding HAND contact: 801.535.6533 350.00 25.00 400.00 Rehabilitation Technical Assistance 350.00 Foreclosure 500.00 Late Loan Payment Fee Returned Check or EFT Transfer 20.00 Mortgage Insurance Depending on loan fund sourcing Loan Subordination 50.00 Payoff 25.00 Appraisal First Time Home Buyer Repurchase 125.00 Property Inspection Fee MOVED from Business Licensing 28.84 MOVED from Business Licensing 28.84 For questions regarding Impact fees contact: 801.535.7712 Appeals Process $30 $30 Actual Charge up to $500 $128 Up To $200 Service Rehabilitation Loan 10 Bucket Range Pass $70.00 15.16.031 20 Bucket Range Pass $130.00 15.16.031 $10.00 NA 15.16.031 2.61.030 First Time Home Buyer Application First Time Home Buyer Loan Tournament Fees/Group Fees 9 holes $5.00 15.16.031 18 holes $10.00 15.16.031 University Team Rates Courses 9 Holes 18 Holes University Team Rate Time Frame Bonneville $13.00 $26.00 15.16.031 Forest Dale Large Bucket of Range Balls $6.00 Per Bucket 15.16.031 Rose Park $10.00 $20.00 15.16.031 Nibley Park $512 4% $20 0.5% - 1.0% $51 $50 2.61.030 2.61.030 2.61.030 IMPACT FEES Service Fee Additional Information Section $50 18.98.090 HOUSING AND NEIGHBORHOOD DEVELOPMENT (HAND) Additional Information Section 2.61.030 2.61.030 2.61.030 2.61.030 Fee $358 $26 $409 $358 2.61.030 A different amount may apply if specified in the loan documents 2.61.030 2.61.030 Vending Cart Application Not including Mobile Ice cream vendors 5.65.030 Vending License - Mobile Ice Cream Vendors 5.64.670 2.61.030 2.61.030 Nibley park $8.00 NA 15.16.031 $12.00 NA 15.16.031 Glendale $10.00 $20.00 15.16.031 Bonneville $10.00 $20.00 Mon. - Thurs. all day & Sat./Sun. after 12PM 15.16.031 Forest Dale $9.00 NA 15.16.031 Glendale $9.00 $18.00 $60.00 15.16.031 High School Golf Team Courses Range pass 9 Holes 18 Holes School Golf Team Rate Time Frame Mountain Dell $13.00 $26.00 15.16.031 Large Bucket of Range Balls $6.00 Per Bucket 15.16.031 Rose Park $8.00 $16.00 15.16.031 15.16.031 Mountain Dell $10.00 $20.00 15.16.031 Amended XX/XX/XXXX by Ord. XXXX - XX Page 26 Multi-Family Office Industrial Fire $171 $53 $25 $250 Park $3,078 $0 $0 $0 Police $59 $20 $10 $86 Transportation $231 $429 $297 Per 1/4 acre For questions regarding Parking and Traffic contact: 801.535.6630 50.67 One year 10 - 12 Months 40.52 9 - 11 months 7 - 9 Months 30.39 5 - 8 months 4 - 6 Months 20.27 1 - 4 Months 1 - 3 Months 10.13 5 - 8 months 4 - 6 Months 20.27 3 - 4 months 1 -3 Months 10.13 Barricade Permit 32.57 Electric Vehicle (EV) Level 3 Fast Charging Stations Base Fee Per Charging Event PLUS per kilowatt hour charge 2.18 Electricity Charge 0.2131 Freight Curb Loading Zone Permit Annual; plus sticker fee Vehicle sticker Annual 78.34 Vehicle sticker replacement 5.64 Vehicle sticker transfer of vehicle 5.64 House Number Certificate (public works)11.26 Library Parking Fees Business Parking Permit Parking Meter Rates Set by City Ordinance Residential Transit Pass (Hive Pass) Annual Hive Voucher Pass NO CPI. Set By UTA Contract Annual Hive Co-op Pass NO CPI. Set By UTA Contract NO CPI. Set By UTA Contract Developers Independent Calculation Deposit $150 Could be refunded or increased based upon actual total costs.18.98.160 Impact Fees Single Family Commercial/ Retail Residential (per Unit)(Per 1,000 SF) $171 18.98.160 $5,173 18.98.090 $59 18.98.160 $330 $1,650 18.98.090 Storm Water $374 17.81.400 PARKING AND TRAFFIC Service Fee Additional Information Section Administrative Fee For Collection of Past Due Debts $52 12.56.550 Area Regular Parking Permits $41 12.64.090 $31 12.64.090 $21 12.64.090 $10 12.64.090 Area Seasonal Parking Collection $21 12.64.090 $10 12.64.090 $33 14.32.418 $2 12.56.600 $0.22 Per kilowatt hour 12.56.600 Base business license fee 12.56.330 $80 12.56.330 $6 12.56.330 $6 12.56.330 $12 14.08.040 Loading Zone & Restricted Parking Loading zone & restricted parking $28/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 Events $12/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 Library Monthly Parking $80 Includes Parking Tax of $1 per day 12.56.580 Library Daily Rates $1.50/half hour First half hour is free, $12 daily maximum 12.56.580 Filming (movie, television series or commercial)$12/vehicle per day For provisions and exemptions see Section 12.56.325 12.56.325 $500 12.56.580 Shall not exceed $2.25 per hour 12.56.170 $350 Only available to qualifying individuals through social service agencies 3.16.060 $475 3.16.060 Monthly Hive Co-op Pass $42 3.16.060 Amended XX/XX/XXXX by Ord. XXXX - XX Page 27 Street Name Change Application 281.17 Traffic School Traffic School No CPI on Traffic School. Fees set by State Traffic School - Tier II No CPI on Traffic School. Fees set by State Traffic School - Tier III At the prosecutor's discretion No CPI on Traffic School. Fees set by State Temporary Closure - Parking Meters Per meter, per day Temporary Placing of Bags on Parking Meters Per day Per day Vehicle Relocation Fee No CPI for Booting See Section 15.16.090 RECREATIONAL ATHLETIC FIELDS: Youth Resident, Non Profit Adult Resident, Non Profit Youth Resident, For Profit Adult Resident, For Profit Youth Non-Resident, Non Profit Adult Non-Resident, Non Profit Youth Non-Resident, For Profit Adult Non-Resident, For Profit Consolidated fee structure Consolidated fee structure Consolidated fee structure Consolidated fee structure NEW Per Day Per Day 40.87 Free Expression Activity Permit 5.84 Gallivan Center MOVED to Economic Development Ice Skating - Adults MOVED to Economic Development Ice Skating - Children & Seniors MOVED to Economic Development Pedestrian Crosswalk Flags $288 14.08.015 $65 12.08.150 $90 At the prosecutor's discretion 12.08.150 $105 12.08.150 $28 14.12.130 $28 12.56.210 During filming of a movie/television series/ commercial $12 12.56.210 After School Programs Formula based 15.16.090 Athletic Facility Reservations Recreational (Non-organized or affiliate group), one-time use Tier B field 20.00 Per hour/two hour minimum 15.16.010 $5 $8 $8 $10 15.16.010 For an event that continues for not less than 3 days $12 Per day/must significantly foster area business promotion and have an expected attendance exceeding 5,000 12.56.210 For a religious or charitable organization No charge Limited to 30 days per calendar year 12.56.210 For use under the direction of the city in connection with a city sponsored event No charge 12.56.210 $75 12.56.540 PARKS AND RECREATION For questions regarding Parks and Recreation contact: 801.972.7800 Service Fee Additional Information Section Tier C Field $8 15.16.010 $12 15.16.090 $20 15.16.010 *MUST TURN IN PROOF OF NON-PROFIT STATUS Proof of residency and non-profit status will count toward field priority order as in the past $8 $12 $12 $15 15.16.010 $8 $12 $12 $15 15.16.090 $12 $15 $15 $20 15.16.010 $10 $15 $15 $20 15.16.090 15.16.010 Tier B Field $10 Recreational tournaments without season reservations $215 3.50.080 $42 Per staff hour 15.16.010 $6 3.50.080 $9 Includes admission and skates 15.16.120 $8 Includes admission and skates 15.16.120 $108 15.16.090 Recreational (Non-organized or affiliate group), one-time use Tier C field 15.00 Per hour/two hour minimum 15.16.010 Weekdays Per Hour Tier C Field Weekdays Per Hour Tier B Field Weekends Per Hour Tier C Field Weekends Per Hour Tier B Field Any cleaning required after field and pavilion usage $15 $20 $20 $25 15.16.010 $15 $20 $20 $25 15.16.090 $20 $25 $25 $30 Recreational tournaments with season reservations $15 $25 Organized League Use per Hour per Field Youth Non-Profit* Adult Non-Profit* Youth & Adult For-Profit Amended XX/XX/XXXX by Ord. XXXX - XX Page 28 Plain Orange Non-Reflective Crosswalk Flag Picnic Facility Reservations Resident Non- resident $48 $58 Full day 46.70 56.30 $90 $119 87.55 116.74 $90 $119 87.55 116.74 Liberty Park - Rice Pavilion (AM)$48 $60 46.70 58.38 Liberty Park - Rice Pavilion (PM)$48 $60 46.70 58.38 Cottonwood Park - Pavilion $31 $41 30.00 40.00 Premier Fields Athletic Center (RAC): Fields are available for games only Youth Resident Field Rental 45.00 55.00 $15 Adult Resident Field Rental 65.00 75.00 $15 Youth Non-Resident Field Rental 65.00 75.00 $15 Adult Non-Resident Field Rental 75.00 85.00 $15 140.00 155.00 $15 Non-Resident Stadium Field Rental 155.00 170.00 $15 Tournament Field Rental*700.00 $40 Full Complex Rental 200.00 * Does not include additional tournament fees Recreation Kit Rental 15.00 $15 Recreation kit rental - late fee Late fee day, per day 5.84 Recreation kit rental - replacement fee 270.00 $276 Recreation Bag Replacement cost of bag only 50.00 Volleyball Net 40.00 Volleyball Replacement cost of volleyball only 20.00 Baseball bat (2)30.00 $31 Softball (2)Replacement cost per softball only 10.00 $10 Football 20.00 Soccer Ball Replacement cost of soccer ball only 20.00 Horseshoe Set 40.00 Recreation Programs Bike bonanza Friday Night Flicks 4th of July celebration at Jordan Park Monster block party Highland bagpipe experience SLC Gets Fit Online tracking 5K Volleyball tournament International Culture Fest Seasonal Youth League Food and Beverage Service Permits Half day (8am - 2pm)15.16.020 Orange Reflective Crosswalk Flag with reflective markings $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. Flags sponsored in school zones are receiving them at no cost. 12.76.100 $2.10 Sponsor chooses which type of flag to use and is responsible for keeping the flags in stock. Flags sponsored in school zones are receiving them at no cost. 12.76.100 Pavilions (does not include Liberty Park Rice Pavilion and Washington Park/Mountain Dell)15.16.020 Half day (8am - 2pm)15.16.020 Half day (3pm - 10pm) Half day (3pm - 10pm)15.16.020 Weekdays, Per Hour Weekends, Per Hour Full Day Lights Per Hour $46 $56 $15 15.16.010 $66 $77 $15 15.16.010 Full day 15.16.020 No fee 15.16.090 $41 Replacement cost of horseshoe set only 15.16.020 $66 $77 $15 15.16.010 $77 $87 $15 15.16.010 Resident Stadium Field Rental $143 $159 $15 15.16.010 $159 $174 $15 15.16.010 $10 each 15.16.020 $20 Replacement cost of football only 15.16.020 $20 No fee 15.16.090 No fee 15.16.090 24th of July firework celebration at Liberty Park No fee 15.16.090 No fee 15.16.090 No fee 15.16.090 No fee 15.16.090 $16 Admission fee 15.16.090 $21 Admission fee 15.16.090 No fee 15.16.090 $51 15.16.020 $41 Replacement cost of volleyball net only 15.16.020 $20 15.16.020 $31 each Replacement cost per baseball bat only 15.16.020 $716 $41 $205 15.16.010 $15 plus sales tax Each with pavilion reservation; limit 2 per reservations 15.16.020 $6 15.16.020 $276 plus sales tax Total cost of the entire recreation kit if it needs to be replaced 15.16.020 15.16.020 15.16.010 Washington Park/Mountain Dell Pavilions (AM) Washington Park/Mountain Dell Pavilions (PM)15.16.020 Amended XX/XX/XXXX by Ord. XXXX - XX Page 29 Concession Stands Concession - with electricity and/or plumbing Per month 58.38 Per month 29.19 Special Event Permit Commercially related (community events)116.74 Special Event Filming Permit 116.74 Special Event Free Expression 5.84 $10,000 or less per year $12 11.67 11.67 $60 40.87 58.38 $119 87.55 116.74 $179 145.93 175.12 $269 175.12 262.67 $469 233.49 458.26 $468 233.31 457.86 Indoor (bubble) Court Per court, per hour Prepaid court Per court, per hour Tournament Per court, per hour Tournament Cleaning Deposit Per Tournament Outdoor (summer) Court (12 or Less Courts Used)Per court, per hour Per court, per hour Per court, per reservation Per court, per day reservation fee Tournament Cleaning Deposit Per Tournament All Other Courts Staffing Charge Per hour over 6 hours 27.14 Janitorial Rate 40.00 Main lobby/gallery For profit business/individuals 291.86 More than 60% but less than or equal to 80% of the area median income $149 15.16.090 More than 80% but less than or equal to 100% of the area median income $179 15.16.090 More than 100% of the area median income $239 15.16.090 Non-residents of Salt Lake City Household income:***After School Program*Summer Program** Regardless of income or lunch status $60 15.16.110 Concession - temporary without electricity and/or plumbing $30 15.16.110 $119 3.50.080 $119 21A.42.070 15.16.060 $22 15.16.060 $13 15.16.060 $250 15.16.060 $7 15.16.060 $6 21A.42.070 YouthCity Programs: After School and Summer Programs Formula based Income Qualifications Amount per participant Residents of Salt Lake City Household income:***After School Program*Summer Program** $12 15.16.090 More than $10,000 per year but less than or equal to 42% of the area median income, or with free lunch status $42 15.16.090 More than 42% but less than or equal to 60% of the area median income, or with reduced lunch status $90 15.16.090 Court (13 or More Courts Used $10 15.16.060 $2 15.16.060 Tournament $3 $250 15.16.060 No charge 15.16.060 Unity Center - Rental rates are for 6 hour consecutive period, unless otherwise noted. For questions regarding the Unity Center contact: 801.535.6533 $28 3.50.080 $239 15.16.090 *Effective 2019, After school program fees will be charged on a monthly basis, with the exception of the months with 12 days or less of scheduled programming which shall be half of the monthly fee, and months with 5 days or less of scheduled programming which shall be one quarter of the monthly fee, as determined by the family median income. **Summer program fees will be charged on a monthly session basis, as determined by the family median income. ***For purpose of the after school and the summer program, area median income shall be determined based on the federal housing and urban development guidelines for the Salt Lake City metropolitan statistical area. Tennis Courts Dee Glenn Smith and Liberty Park Hours: Monday - Friday Saturday, Sunday & holidays $24 Reservation Fee 7:00am to close 8:00am to close $41 Per hour, 1 hour minimum 3.50.080 $299 Not residents of Glendale or Poplar Grove 15.16.090 Amended XX/XX/XXXX by Ord. XXXX - XX Page 30 Glendale or Poplar Grove residents Per group 204.31 Nonprofit charging a fee 262.67 Nonprofit not charging fee 233.49 City/Community activities For profit business/individuals 229.13 Glendale or Poplar Grove residents Per group 143.22 Nonprofit charging a fee 200.49 Nonprofit not charging fee 171.86 City/Community activities For profit business/individuals 492.51 432.23 442.17 ### Glendale or Poplar Grove residents Per group 408.61 Nonprofit charging a fee 466.98 Nonprofit not charging fee 437.79 City/Community activities Full facility rental 583.72 Classroom Per hour Rental Reservation and Damage deposits Up to 75 participants 116.74 More than 75 participants 291.86 Equipment rental and service rates Chair riser setup 291.86 Stage setup 175.12 Table setup Per table 5.84 Chair setup Per chair 1.1719 Community Art/Enrichment Classes Youth 31.15 Parent/child 46.73 Wedding Ceremony Permit Fee 174.72 178.74 Urban Forestry NEW (not on previous CFS) NEW (not on previous CFS) NEW (not on previous CFS) NEW NEW NEW NEW NEW For questions regarding Police fees contact: 801.799.3101 Additional Information $209 15.16.090 $269 15.16.090 Lobby $504 Not residents of Glendale or Poplar Grove 15.16.090 $418 15.16.090 $478 15.16.090 $239 15.16.090 No charge Including community council meetings 15.16.090 Theater - Storage or theater dark days during multi-day rentals incur the 6 hour rate per day $234 Not residents of Glendale or Poplar Grove 15.16.090 $147 15.16.090 $205 15.16.090 $176 15.16.090 No charge Including community council meetings 15.16.090 $299 15.16.090 $179 15.16.090 $6 15.16.090 $1 15.16.090 Not more than $31 15.16.090 Not more than $47 15.16.090 $179 for a 2 hour block Additional $40 per hour cleaning fee if necessary 15.16.100 $448 15.16.090 No charge Including community council meetings 15.16.090 $597 15.16.090 15.16.090 $119 15.16.090 $299 15.16.090 $29 POLICE Service Fee Section 911 Emergency Service fee See Fire The Contracted Rate This is the average cost (per inch) to purchase and plant a new tree. This fee is charged when code protected trees are removed or damaged. 3.50.080 $7 Per Hour Per Court (70% of one time use field rate)Adult Volleyball League 15.16.010 Volleyball Court Lighting $10 Per Hour 15.16.010 Public Tree Work Permit $15.00 per tree or $150.00 per year Permit processing fee, to account for staff time to issue permit and update inventory.3.50.080 Tree Removal Mitigation Recreational One Time Use Fees $10 Per Hour 15.16.010 Youth Volleyball League $5 Per Hour Per Court (1/2 of one time use field rate)15.16.010 Outdoor Volleyball Court Fees at Liberty Park & Fairmont Park Amended XX/XX/XXXX by Ord. XXXX - XX Page 31 Age 65+ exempt Age 65+ exempt Age 65+ exempt 5.64 Non-rental property Each visit 350.66 Rental property, renter responsibility Each visit up to 2 visits 350.66 Rental property, owner responsibility Third visit 117.24 350.66 Age 65+ exempt Age 65+ exempt Vehicle booting fee No CPI for Booting Late removal of boot fee Per day after first 24 hours 27.16 Boot damage or replacement fee 33.65 Based On Ordinance Police Coverage during special event 59.72 Per every 4 hours, plus fuel surcharge 6.39 Based On State Ordinance (UDOT)162.00 Based On State Ordinance (UDOT)269.00 Based On State Ordinance (UDOT)334.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Background Search and Letter Not more than $16 Age 65+ exempt/waiver available, see Section 2.10.090 2.10.080 Fingerprinting Not more than $55 2.10.010 ID Cards Not more than $55 2.10.010 Incident Reports See Additional Information Not more than the fee charged by the State of Utah for similar reports 2.64.040 Personal Criminal History Record $6 2.10.050 Service fee for Party, Gathering, or Event $359 11.14.020 $359 For 3rd visit or more see rental property, owner responsibility 11.14.020 $120 11.14.020 Each additional visit in any 365 day period $359 11.14.020 Theft Reports Not more than $55 2.10.010 User's Security and Privacy Non-disclosure Agreement Not more than $55 2.10.050 Vehicle Booting Fee $75 12.96.025 $28 12.96.025 City's actual costs incurred Determined by the total cost(s) required by the City for replacement or repair of the immobilization device 12.96.025 Registration Fee $34 12.96.025 Sex Offender Registration Fee $25 Special Events $61 Per hour estimated on duration of event. Invoice to be trued up at the end of the event. 3.50.080 Police Special Equipment Fee (Car Charge)$7 3.50.080 Towing Operational Costs: MUST COMPLY WITH STATE REGULATION R909-19 Size of tow Base Tow Rate Varies based on size of vehicle 12.96.025 Light Duty $166 There will be an additional $36.25 added for each additional 15 minutes. Any vehicle with GVWR of 10,000 lbs or less 12.96.025 Medium Duty $276 There will be an additional $60.00 added for each additional 15 minutes. Vehicles with a GVWR of 10,001 to 26,000 lbs 12.96.025 Heavy Duty $343 There will be an additional $75.00 added for each additional 15 minutes. Vehicles with a GVWR of 26,001 lbs or greater 12.96.025 Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19 Size of tow (Non-Consent Police Generated Tow)Varies based on size and location stored 12.96.025 Light Duty - Stored Inside $45 12.96.025 Light Duty - Stored Outside $40 12.96.025 Medium Duty - Stored Inside $85 12.96.025 Medium Duty - Stored Outside $60 12.96.025 Heavy Duty - Stored Inside $85 12.96.025 Heavy Duty - Stored Outside $60 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Inside $165 12.96.025 Amended XX/XX/XXXX by Ord. XXXX - XX Page 32 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT) Maximum Per Vehicle (Notification for reporting non-consent tows)Based On State Ordinance (UDOT)34.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)30.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)25.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)70.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)45.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)70.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)45.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)150.00 Per Day (Except vehicles held in evidence)Based On State Ordinance (UDOT)100.00 Maximum Per Vehicle (Notification for reporting non-consent tows)Based On State Ordinance (UDOT)34.00 $3.50 $4.00 $4.50 $5.00 $14.50 $29.00 $43.50 $58.00 $24.00 $48.00 $72.00 $96.00 $30.00 $60.00 $90.00 $120.00 Per each 30 minute time period 81.43 36.56 26.11 Based On State Statute Mayor Council File $376 $90 368.02 87.93 With Nomination $370 $90 361.51 87.93 Write - in $370 $90 361.51 87.93 Copies of Records Employee time Not more $11 Paper photocopies Per copy Size C blueprint Per copy Vehicles Used in Transporting Hazardous Material - Stored Outside $115 12.96.025 Administration Fee Size of tow (Non-Consent Non-Police Generated Tow)Varies based on size and location stored 12.96.025 Light Duty - Stored Inside $45 12.96.025 Light Duty - Stored Outside $40 12.96.025 Medium Duty - Stored Inside $85 12.96.025 Medium Duty - Stored Outside $60 12.96.025 Heavy Duty - Stored Inside $85 12.96.025 Heavy Duty - Stored Outside $60 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Inside $165 12.96.025 Vehicles Used in Transporting Hazardous Material - Stored Outside $115 RECORDS AND ELECTIONS For questions regarding Records and Election fees contact: 801.535.7671 Service Fee Additional Information Section Candidate Filing Fees Or petition/ see Section 2.68.010 2.68.010 Or additional petition signatures/see Section 2.68.010 2.68.010 2.68.020 12.96.025 Administration Fee $35 12.96.025 Fuel Surcharge Based on Fuel Price See Utah Regulation R909-19- 15 Fuel Price Varies based on the daily Rocky Mountain Average as determined by the Department of Energy (http://www.fwccinc.com/doefuel.html). When the price of fuel reaches $3.25 per gallon, a tow truck motor carrier may charge a surcharge equal to 5% of the base tow rate. An additional 5% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate. Size of Tow Light Duty Medium Duty Heavy Duty Property Removal Fee $83 Body Cam Redaction and Video Production $37 Per Hour; Billable in quarter hour increments. No charge for the first quarter hour of staff time. 2.64.040 Not more than $20 Per hour minus the first 15 minutes compiling records as listed in Section 2.64.130A 2.64.040 Not more than $0.10 2.64.040 Not more than $1 2.64.040 GRAMA Request $20 Per Hour; Billable in quarter hour increments. Body Cam DVD $27 2.64.040 Fuel Surcharge: MUST COMPLY WITH STATE REGULATION R909-19-15 $35 12.96.025 Vehicle Storage Fee: MUST COMPLY WITH STATE REGULATION R909-19 Amended XX/XX/XXXX by Ord. XXXX - XX Page 33 Produced a microfilm printer (silver paper)Per copy From microfilm (plain paper)Per copy From a photograph Per copy Tapes or discs Incident Reports Mylar or Vellum Prints 24" x 36" Larger than 24" x 36" Declaration of Mutual Commitment 28.13 Green Waste Recycling No additional charge No additional charge $7.50 $7.50 7.00 7.00 Glass recycling for residences $7 Garbage 40 gallon container 13.75 60 gallon container 17.75 90 gallon container 21.00 Replacement or Removal of Containers Per container NEW NEW Authorized Waste Hauler Permit Fee Annual NEW Per Ton 31.00 Green Waste Trailer Service Delivery & Removal $225.00 9.08.030 Not more than $2 2.64.040 Not more than $0.10 2.64.040 Not more than $5 2.64.040 Cost of media, plus $11/hour for employee time See Section 2.64.130 2.64.040 See Additional Information Not more than the fee charged by the State of Utah for similar reports 2.64.040 Not more than $6 2.64.040 Not more than $2 per square foot 2.64.040 $29 10.03.050 Termination of Declaration of Mutual Commitment No charge 10.03.030 For questions regarding Waste Collection Service fees contact: 801.535.6999 Service Fee Additional Information Section REFUSE Green Waste and Recycling Residences receiving City garbage service Charge is included in the fee for garbage,, recycling and green waste 9.08.030 Eligible recycling customers & green waste customers Per month, per container/eligible recycling customers and green waste customers are non-garbage customers who meet City's service criteria regarding access to curb and location within service route; minimum subscription 12 months. 9.08.030 Per month 9.08.030 $14.75 Per month, per container 9.08.030 $19.00 Per month, per container 9.08.030 $22.50 Per month, per container 9.08.030 When damage is caused by property owner Actual city cost to purchase container plus $11 9.08.140 When stolen and theft reported to police No charge 9.08.140 When stolen and theft not reported to police Actual city cost for purchase of container 9.08.140 With one of a different size No charge 9.08.140 Removal of containers for residences and for eligible recycling customers $11 Per container 9.08.030 WASTE & RECYCLING - SPECIAL EVENTS $315 9.08.200 Green Waste Trailer Material Contamination Fee $15 Per container 9.08.030 3.50.080Can Delivery, Removal & 1st Dump <100 cans $22 Each Can/Per Event Can Delivery, Removal & 1st Dump >100 cans $19 Each Can/Per Event 3.50.080 Recycling Can Contamination $22 Each Can/Per Event 3.50.080 Additional Can Dump Service $4 Each Can/Dump 3.50.080 Can Replacement Cost $50 Each Can/Contract Cost 3.50.080 Landfill Tipping Fee $33 3.50.080 Landfill Tipping Fee (Hazardous Material)$100 Per Ton 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 34 Per Event Waste & Recycling - Special Events, Use of Equipment Waste & Recycling - Special Events, Staff Costs For questions regarding Sanitary Sewer Charges contact: 801-483.6727 Customer Classifications 1 2 3 4 5 6 7 Sewer Charges TSS Total 1 $0.69 $4.34 2.29 0.80 0.58 3.67 2 $1.39 $5.64 2.29 1.31 1.18 4.78 3 $2.37 $7.62 2.29 2.16 2.01 6.46 7.34 4 $3.23 $9.58 2.29 3.09 2.74 8.12 3.67 5 $4.20 $11.48 2.29 3.88 3.55 9.72 6 $5.09 $13.43 2.29 4.78 4.31 11.38 2.29+3.09+1.18=6.56 0.2608 0.5216 0.3103 2.2900 New sewer accounts - Applicable until data required by Section 17.34.030.E.1 is received 29.36 Flat Bed Truck $24 Per Hour 3.50.080 Temporary Meter Charge Deposit $1,061 3.50.080 Leafbed/10 Wheeler $60 Per Hour 3.50.080 Loader $93 Per Hour 3.50.080 Refuse Packer $186 Per Hour 3.50.080 Trailer $3 Per Hour 3.50.080 Full-Time Employee $30 Per Hour 3.50.080 Supervisor $45 Per Hour 3.50.080 Seasonal Employee $16 Per Hour 3.50.080 Additional information on termination or suspension see Section 9.08.030F Low Income Abatement: Customers who are granted abatement for taxes on their dwelling shall be granted a 50% abatement of the minimum monthly charge per Section 9.08.030. SANITARY SEWER UTILITIES Customer Class BOD(mg/l)TSS(mg/l)Additional Information <300 <300 More than one class may apply to a customer at the same time. Customer classifications is set based on the estimated BOD and TSS discharge rate. 300 - 600 300 - 600 601 - 900 601 - 900 901 - 1,200 901 - 1,200 1,201 - 1,500 1,201 - 1,500 See Section 17.72.030.C1,501 - 1,800 1,501 - 1,800 >1,800 >1,800 Customer Class*Flow Rate BOD Additional Information Section $2.70 $0.95 Monthly service charge for customers in classes 1 to 6 equal to the greater of: 1. Cumulative flow rate, BOD rate and TSS rate set forth in the following chart per 100 cubic feet of metered water usage during winter months, or 2. Minimum charge of $8.68. All Residents will always be classified as a Class 1 category and the total sewer rate will be $4.34 per unit. Commerical customers with waste strengths higher than Class 1 may have BOD and TSS rates that are in different classes, thus their totals will not match class totals to the left. Example AAA Inc has a BOD in Class 4 and TSS in Class 2, thus the total rate is $2.70+$3.65+$1.39 = $7.74. 17.72.030 $2.70 $1.55 $2.70 $2.55 $2.70 $3.65 $2.70 $4.58 $2.70 $5.64 7 Monthly Service charge for each customer in Category Cost per Pound of Discharge ($/Pound)class 7 and all other separately monitored classes based on actual discharge strength COD $0.3077 Flow component charged at $2.70 per 100 cubic feet of metered water used during a billing period BOD $0.6155 Charge for COD, BOD, and TSS billed on TSS $0.3662 actual pounds of discharge Single $34.72 per month Based on average residential AWC of 8 ccf. 17.72.030 Amended XX/XX/XXXX by Ord. XXXX - XX Page 35 29.36 29.36 29.36 2.29 29.36 2.19 2.77 3.98 4.96 5.96 6.99 NEW NEW Connection fees on new development property: Residential single dwelling Multi-family dwellings Duplex Triplex Townhouse (apartment) Hotels and motels: Without kitchen or restaurant With a kitchen or restaurant With a kitchen and a restaurant General commercial and industrial Base on Utah plumbing code Trailer Park Recreation park Special industrial and commercial uses Residential building Commercial building Temporary sewer connections Unauthorized manhole or utility access NEW First incident NEW$500 17.36.220 Duplex $34.72 per month/per dwelling unit Based on average residential AWC of 8 ccf. 17.72.030 Triplex $34.72 per month/per dwelling unit Based on average residential AWC of 8 ccf. 17.72.030 Multiple dwelling $34.72 per month minimum or $2.70 per one hundred cubic feet of total water consumption whichever is highest Based on average AWC of 8 ccf. 17.72.030 All other users $34.72 per month or class average AWC by meter size times rates whichever is highest Customer Class Flow Rate Per 100 Cubic Feet 17.72.030 1 $2.70 2 $3.51 3 $4.74 4 $5.96 5 $7.14 6 $8.35 Customer class 7 Monthly service charge for each customer in class 7 and all other separately monitored classed based on actual discharge strength See Section 17.72.030 E.1.f 17.72.030 Service charge adjustment As needed to ensure equitable service charges, determined by director 17.72.030 SANITARY SEWER CONNECTION FEES For questions regarding Sanitary Sewer Connection Fees contact: 801.483.6727 Service/Size Fee Additional Information Section $545 per connection or unit Includes condominiums and twin homes single dwellings 17.72.030 Low Income Abatement: Customers who are granted abatement for taxes on their dwelling shall be granted a four dollar ($4.00) abatement of the monthly charge. $818 17.72.030 $1,226 17.72.030 $409 per unit 17.72.030 $273 per dwelling unit 17.72.030 $363 per dwelling unit 17.72.030 $363 per dwelling unit 17.72.030 $27 per each equivalent fixture unit 17.72.030 $545 per equivalent fixture unit Three trailer spaces shall equal one residential single dwelling unit 17.72.030 $545 per equivalent fixture unit Six trailer spaces shall equal one residential single dwelling 17.72.030 $27 per equivalent fixture unit, as specified in uniform plumbing code Including car washes, Laundromats,, etc.17.72.030 Sewer connection fees on property with prior development: See Section 17.72.030 17.72.030 See Section 17.72.030 Hotel, motel, industrial building, etc.17.72.030 $100 Not to exceed 24 months 17.72.030 Amended XX/XX/XXXX by Ord. XXXX - XX Page 36 Subsequent Incidents NEW SANITARY SEWER PERMITS For questions regarding Sanitary Sewer Permits contact: 801.483.6727 Sewer Permit Fees Sewer Construction, Connection and Repair Permits See Section 17.44.110 Pretreatment Program services 50.00 100.00 NEW NEW NEW For questions regarding Special Events contact: 801.535.6105 Previous charge +$500 17.36.220 Noncompliance Violation Fee Notice of Violation for Non-compliance $100 Noncompliance violation fee covers fixed cost of notice of violation. Fines for violations may also apply. 17.64.040 Significant Non-compliance Violation $350 17.64.040 Service Fee Additional Information Section Sewer and miscellaneous inspection $60 17.72.030 Sewer repair inspection $30 17.72.030 Trail sewer survey $35 17.72.030 Sewer survey $130 17.72.030 Resurvey charge $35 Each Occasion Determined by Publically Owned treatment Works (POTW)For provisions see Section 17.52.030 17.52.040 Metering of sewage flows Based upon actual sewer meter readings 17.72.030 Installation of sewer special ways Shall be determined by the director Cannot exceed the City's actual cost plus reasonable overhead 17.72.030 Additional surveys or inspections Fee Fee to cover the cost of the work 17.44.030 Application for repairs and replacements fee Fee to cover the cost of the work 17.44.040 Trial sewer survey fee Fee to cover the cost of the work 17.44.030 Re-inspection additional fee Fee to cover the cost of the work 17.44.040 Survey stakes resetting fee Fee to cover the cost of the work 17.44.030 17.64.040 $20 17.64.040 Grease Interceptor Inspection Fee 1st trip Free 17.64.040 Additional follow up inspection $75 17.64.040 17.64.040 Opening sewer when junction pipe not available Fee to cover the cost of the work 17.44.040 Replacing damaged junction pipe Fee to cover the cost of the work 17.44.030 SANITARY SEWER PRETREATMENT PROGRAM For questions regarding Sanitary Sewer Pretreatment Program contact: 801.799.4002 Service Fee Additional Information Section Permit application 17.72.030 COMMUNITY DEVELOPMENT - SPECIAL EVENTS 3rd trip $150 SPECIAL EVENTS Service Fee Additional Information Section Sample and analysis fees Fee to cover all cost associated with labor and testing Grab sample 17.64.040 New Industrial Wastewater Discharge Permit $100 17.64.040 Industrial Wastewater Discharge Permit Renewal $50 17.64.040 Pretreatment Sampling Fees Manual sampling $80 17.64.040 Automatic sampler composite $50 Amended XX/XX/XXXX by Ord. XXXX - XX Page 37 271.41 27.14 169.36 1.0867 1.0867 Per Day 67.31 66.00 Per day, 300 + participants 134.63 Per Hour 28.68 Per Hour 20.18 Per Hour NEW Per Hour 12.00 Per Hour 27.00 Per Hour 22.80 Per Hour 16.29 0.0852 0.2820 Per Bale (cost is $15.88) Per Bag Per Yard Per Bag Per 40 lb bag NEW NEW 3.20 27.15 8.51 15.67 14.62 Wetting Agent $116 3.50.080 Weetting Agent + Organic 3-1-0 $49 Per 50 lb bag 3.50.080 Sr. Groundskeeper $21 3.50.080 Seasonal Employee $13 $28 3.50.080 Fertilizer $36 3.50.080 Irrigation Tech $23 3.50.080 Irrigation Seasonal $17 3.50.080 FIRE - TEMPORARY MEMBRANE STRUCTURES, TENTS OR CANOPIES - SPECIAL EVENTS Single event - Initial Inspection $173 Up to 180 days. See Also Fire Code under 2.12.040 3.50.080 Each additional structure on same site $1 See Also Fire Code 2.12.040 3.50.080 Re-inspection of additional setup $1 Using the same plan that was previously inspected. See Also Fire Code under 2.12.040 3.50.080 PARKS - SPECIAL EVENTS Site: Set Up/Takedown $69 3.50.080 Supervisor $29 3.50.080 Tree Replacement Varies per size of tree Based on city's cost to replace damaged tree 3.50.080 Electrical Usage $0.09 Per Kilowatt Hour - $15.29 Minimum 3.50.080 Litter Clean Up $12 Per Person/hour 3.50.080 Garbage Can Relocation $12 Per Person/hour 3.50.080 Restroom Cleaning $34 Per Cleaning 3.50.080 Damage to Landscape $15 3.50.080 Paver Replacement Paver Cleaning $300 per 1/2 day; $600 per day Based on city's cost 3.50.080 Equipment Damage and Parts Varies based on damage Based on city's cost 3.50.080 Irrigation Damage and Parts Varies based on damage Based on city's cost 3.50.080 Fuel Costs $3 3.50.080 Sod Replacement $0.31 Per Square Foot 3.50.080 Peat Moss $16 3.50.080 Lawn Seed $113 3.50.080 Top Soil $36 3.50.080 Plumber Use of Equipment 1 Ton Dump Truck $28 Per Hour 3.50.080 Aerator (Walk Behind)$9 Per Hour 3.50.080 Aerator, Tractor Mounted (including Tractor)$16 Per Hour 3.50.080 ATLV $15 Per Hour 3.50.080 Backhoe $48 Per Hour 3.50.080 Blower, Backpack (Stihl)$2 Per Hour 3.50.080 Event Fee $138 3.50.080 Staff costs 3.50.080 Alcohol Concessions Agreement $278 Per Applications 3.50.080 Unity Garden Plot Agreement $11 Refundable deposit for yearly garden plot usage 3.50.080 Staffing Charge $28 Per hour over 6 hours Groundskeeper Event Fee $68 Per day, 0-299 participants with minimal set up 3.50.080 3.50.080 Janitorial Rate See Notes Fee is equal to fee charged by facilities for janitorial services 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 38 6.38 6.38 6.38 15.67 5.32 33.42 13.58 7.31 27.15 4.18 13.58 This should match to Police 59.72 6.39 This should match to Refuse/Sustainability Per Ton 31.00 Per Event Waste & Recycling - Special Events, Use of Equipment Leafbed/10 Wheeler $67 Per Hour 3.50.080 Loader $68 Per Hour 3.50.080 Mixer $13 Per Hour 3.50.080 Mower, Bagger (Snapper)$7 Per Hour 3.50.080 Blower (Walk Behind)$7 Per Hour 3.50.080 Edger, Grass (Power Trim)$7 Per Hour 3.50.080 Plow, Jeep Mounted (Including Jeep)$12 Per Hour 3.50.080 Plow, Truck (Including Truck)$24 Per Hour 3.50.080 Pressure Washer $7 Per Hour 3.50.080 Snowthrower (Toro)$3 Per Hour 3.50.080 Mower, Riding (Toro/Kubota)$16 Per Hour 3.50.080 Mower, Side Discharge (Eastman)$5 Per Hour 3.50.080 Mower, Wide Area (Jacobsen 9016)$34 Per Hour 3.50.080 Pickup Truck $14 Per Hour 3.50.080 Trimmer, Hedger (Stihl)$4 Per Hour 3.50.080 Trimmer, Line (Maruyama, Echo)$14 Per Hour 3.50.080 Utility Truck (Cushman)$14 Per Hour 3.50.080 Utility Truck (Kawasaki Mule)$14 Per Hour 3.50.080 Sprayer, Pull Behind (Including Pickup)$19 Per Hour 3.50.080 Spreader, Pull Behind (Including Pickup)$19 Per Hour 3.50.080 Sweeper, Tractor Mounted (Including $28 Per Hour 3.50.080 Track hoe $18 Per Hour 3.50.080 Van, Mower ( Including Trailer)$20 Per Hour 3.50.080 Volleyball Court Lighting - Liberty Park & Fairmont Park $10 Per Hour 3.50.080 POLICE - SPECIAL EVENTS Police Coverage for Special Events $61 Per Hour, Per Officer 3.50.080 Police Secondary Employment Car Charge $7 Per Every 4 Hours, plus fuel surcharge 3.50.080 WASTE & RECYCLING - SPECIAL EVENTS 3.50.080Can Delivery, Removal & 1st Dump <100 cans $22 Each Can/Per Event Can Delivery, Removal & 1st Dump >100 cans $19 Each Can/Per Event 3.50.080 Recycling Can Contamination $22 Each Can/Per Event 3.50.080 Additional Can Dump Service $4 Each Can/Dump 3.50.080 Can Replacement Cost $50 Each Can/Contract Cost 3.50.080 Landfill Tipping Fee $33 3.50.080 Temporary Meter Charge Deposit $1,061 3.50.080 Flat Bed Truck $24 Per Hour 3.50.080 Landfill Tipping Fee (Hazardous Material)$100 Per Ton 3.50.080 Leafbed/10 Wheeler $60 Per Hour 3.50.080 Loader $93 Per Hour 3.50.080 Trailer $3 Per Hour 3.50.080 Refuse Packer $186 Per Hour 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 39 Waste & Recycling - Special Events, Staff Costs 30.00 45.00 For questions regarding Storm Water contact: 801.483.6727 Per 1/4 acre, rounded up Per month Per month Per month See Section 17.81.200 Formula based See Section 17.81.200 Additional Information Per month. No bills shall be less thank one ERU Per month - residential Note: 1 ERU = 1 residential property or 75 feet of street frontage for non-residential properties. Full-Time Employee $35 Per Hour 3.50.080 STORM WATER Service Fee Additional Information Section Drainage connection fee $374 17.81.400 Storm water inspection fee $85 17.16.050 Storm Water Fees Single family residential and duplex parcels, less than 0.25 acres $5.43 17.81.200 Single family residential and duplex parcels, more than 0.25 acres $7.60 17.81.200 Triplex and fourplex residential $10.87 17.81.200 All other developed parcels $5.43 per ERU Per month, see Section 17.81.200 for formula 17.81.200 Undeveloped parcels No assessment levied 17.81.200 Parcel mitigation credit Formula based 17.81.200 Low income abatement 50% reduction to service charge See Section 17.81.200 17.81.200 Non-service abatement Formula based 17.81.200 Discharge into City Storm Water Sewer System Not to exceed $125 17.84.400 Discharge into City Storm water Sewer System Registration Fee $20 18.16.050 Discharge into City Storm Water Re-inspection Fee Not to exceed $30 17.16.050 STREET LIGHTING For questions regarding Street Lighting fees contact: 801.498.6700 Service Fee Section Base Level Lighting Services City-Wide $3.73 Per ERU 17.95.300 Enhanced Lighting Fees Group 2 Decorative Lights $15.94 per ERU Per month - residential 17.95.300 Group 3 Decorative Multi- Head Lights $43.82 per ERU Per month - commercial 17.95.300 1 - Group 1 rates apply to the existing, predominantly residential properties with a number of enhanced decorative lights; lights have generally received energy efficiency upgrades and large capital expenditures are not expected within the year. 2 - Group 2 rates apply to the existing, predominantly residential properties with a number of enhanced decorative lights; many lights require energy efficiency upgrades and large capital expenditures are scheduled within the year. 3 - Group 3 rates apply to the existing properties in the predominantly commercial area with a number of enhanced decorative lights; many lights require energy efficiency upgrades and large capital expenditures are scheduled within the year. Group 1 Decorative Lights - High Efficiency $5.67 per ERU 17.95.300 Seasonal Employee $16 Per Hour 3.50.080 Supervisor $50 Per Hour 3.50.080 Amended XX/XX/XXXX by Ord. XXXX - XX Page 40 For questions regarding Water fees contact: 801.483.6900 Minimum Charge Rate Table City County $0.3049 $0.4117 1 inch $0.3989 $0.5385 $0.6338 $0.8555 2 inch $0.9160 $1.2366 3 inch $1.6677 $2.2515 4 inch $2.5133 $3.3932 6 inch $4.8634 $6.5656 8 inch $7.6830 $10.3721 10 inch $19.9018 $26.8675 >10 inches $3.6018 $4.8624 Water Meter Rates City County Block 1: 1-10 hundred cubic feet Block 2: 11-30 hundred Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet Block 1: 1-13 hundred cubic feet Block 2: 14-30 hundred cubic feet Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet Block 1: WATER Service Fee Size of connection Charge Daily Amount Monthly Amount City County 3/4 inch Minimum charge $9.28 $12.53 17.16.670 1 1/2 inch Minimum charge $19.29 $26.04 17.16.670 Minimum charge $27.88 $37.64 17.16.670 Minimum charge $50.76 $68.53 17.16.670 Minimum charge 17.16.670$12.14 $16.39 Minimum charge $76.50 $103.28 17.16.670 Minimum charge $148.03 $199.84 17.16.670 Minimum charge $233.85 $315.70 17.16.670 Minimum charge $605.76 $817.78 17.16.670 Minimum charge Based proportionately on meter capacity, as determined by Public Utilities Director. Fire Hydrant $218.40 $294.83 17.16.590 Low Income Abatement: Customer who are granted abatement for taxes on their dwelling shall be granted a four dollar fifty cent ($4.50) abatement of the minimum monthly charge. 17.16.680 All rates charged are per each 100 cubic feet of water. **Summer months are April through October Account Type Amount Used Rate (Summer)Flat Rate (Winter) City County Single family residence $1.37 $1.84 $1.37 $1.84 $1.87 $2.52cubic feet (except as increased to 47.94 Cubic feet for Urban Vegetable Gardens) $2.59 $3.50 $2.76 $3.73 $1.84 $1.87 $2.52 $2.59 $3.50 $2.76 $3.73 Triplex residence $1.37 $1.84 $1.37 Duplex residence / or Single residence with Accessory Dwelling Unit $1.37 $1.84 $1.37 $1.84 Amended XX/XX/XXXX by Ord. XXXX - XX Page 41 1-16 hundred cubic feet Block 2: 17-30 hundred cubic feet Block 3: 31-60 hundred cubic feet Block 4: >61 hundred cubic feet 0 Cubic feet Through AWC Note: City County 100 Cubic feet to target budget Over target budget Up to 300% of target budget Over 300% of target budget Per Acre Foot Per ccf 0 Cubic feet to target budget Over target budget Up to 300% of target budget Over 300% of target budget City County Range from $81.63 to $204.11 Annually NA Based on garden size $75 $75 $100 $100 $1.51 Note: "Secondary Irrigation account" means an account established for applying water for irrigation and landscaping secondary to the culinary water system for select municpal parks and golf courses only, as determined by the Public Utilities Director or her designee. "Target budget" means the estimated amount of water consumed per acre, as established by the Public Utilities Director or designee each year for customer based on factors including, but not limited to, evapotranspiration, and considering efficient water practices. A different target budget is established for each month of the irrigation season. Triplex residence $1.37 $1.84 $1.37 $1.84 $1.87 $2.52 $2.59 $3.50 $2.76 $3.73 Fourplex residence/Commercial and Industrial $1.49 $2.01 $1.49 $2.01 Above AWC $2.04 $2.75 through 300% of AWC Over 300% through 600% of AWC $2.84 $3.83 Over 600% of AWC $3.01 $4.06 "AWC" means average winter consumption, and is calculated as the average amount of water used by customer during the months of November through March, inclusive (a "winter period"), taking into account the highest number of complete winter periods available for that customer, up to a maximum of 3 winter periods. Any customer that at the time of calculation has not established an AWC will be assigned a class average AWC by meter size for such customer's classification. Customers with defective plumbing or unexplained deceases in usage of more than 25 percent may be adjusted back to a prior AWC, or be assigned the class average by meter size. In cases where class average is not available or is not reasonable, the Director may use other consumption information specific to such account to determine AWC. Account Type Amount Used Rate (Summer)Flat Rate (Winter) Irrigation City County Cost $1.80 $2.42 $2.50 $3.37 $1.80 $2.42 $2.66 $3.59 Note: "Irrigation account" means an account established for applying water for irrigation and landscaping only, as determined by the Public Utilities Director or designee. "Target budget" means the estimated amount of water consumed per acre, as established by the Public Utilities Director or designee each year for customer based on factors including, but not limited to, evapotranspiration, and considering efficient water practices. A different target budget is established for each month of the irrigation season. Miscellaneous Fees Urban Vegetable Garden Credit Adjustment 17.16.685 Deposit for water - residential 17.16.380 Deposit for water - business Retail, warehouse, offices 17.16.380 Account Type Amount Used Rate (Summer)Flat Rate (Winter) Secondary Irrigation Per Acre Foot Per ccf $170.18 $0.39 $389.50 $0.75 $162.08 $0.37 $654.16 Amended XX/XX/XXXX by Ord. XXXX - XX Page 42 $150 $150 $300 $300 $600 $600 $50 $50 NEW TITLE NEW TITLE Subsequent incidents NEW NEW Canyon water surplus sales (for contracts that are not tied to the rate established by the average MWDSLS rate paid by SLC) Contract volume 800 gallons per day Contract volume 400 gallons per day Water Connection Fees - Contact 801.483.6727 (Effective January 1, 2019) Meter Size 3/4 inch 2,473.00 2,554.00 1 inch 3,913.45 4,110.45 1 inch 2,940.45 3,048.45 1 inch 2,987.45 3,108.45 1 inch 4,017.45 4,196.45 3/4 inch 2,602.00 2,727.00 1 inch 4,446.45 4,829.45 1.5 inch 8,591.56 9,329.56 2 inch 14,099.21 15,157.21 3 inch 27,661.06 29,821.06 4 inch $31,772.81*$31,772.81* 6 inch $61,957.45*$61,957.45* 8 inch $98,027.40*98,027.40 2 inch 3 inch 4 inch 6 inch 8 inch 4 inch $33,221.96*$33,221.96* 6 inch $64,026.67*$64,026.67* 8 inch $98,633.46* $98,633.46* 10 inch $150,192.77*$150,192.77* Deposit for water - small restaurants 17.16.380 Deposit for water - Laundromats, large restaurants 17.16.380 Deposit for water - carwashes 17.16.380 Meter Test Fee - 5/8" to 1"$40 17.16.050 Meter Test Fee - 1 1/2" to 2"$75 17.16.050 Meter Test Fee - larger than 2"Actual costs 17.16.050 Water turn on - turn off $21 17.16.660 Illegal turn on fee 17.16.660 Bankruptcy deposit Highest two monthly bills over the previous 12 months period 17.16.660 Charges for water Minimum charges apply See Section 17.16.590 17.16.590 Damage to padlock, inline lock or lock out sleeve Actual costs 17.16.050 Deposit for fire hydrant meter $1,000 $100 not refundable 17.16.050 Illegal fire hydrant usage - theft of water $500 17.16.050 First incident $500 17.16.620 previous charge + $500 17.16.620 Construction Water - Fill-up at Department on Public Utilities $50 Includes 4 fill-ups at Public Utilities shops Unauthorized meter, hydrant, or utility access Fire hydrant monthly charge $50 per month Includes 5 fill-ups at Public Utilities shops $160.65 per year 17.04.030 $80.33 per year 17.04.030 17.04.040 Dwelling City Cost**County Cost Residential Single family $2,329.07 $3,884.30 Single family $3,884.30 $4,081.30 Duplex $3,885.30 $4,082.30 Triplex $3,886.30 $4,083.30 Fourplex $3,887.30 $4,084.30 Price upon request Price upon request Price upon request Price upon request*Price upon request* Price upon request*Price upon request* Price upon request*Price upon request* FM $37,090.93 $37,090.93 $67,447.57 $67,447.57 $104,864.63 $104,864.63 $147,025.18 $147,025.18 Classification Commercial/Industrial Compound $4,417.30 $4,800.30 $4,417.30 $4,800.30 $9,836.98 $10,574.98 $14,437.83 $15,495.83 $29,998.54 $32,158.54 $35,144.54*35,144.54* $65,547.59*$65,547.59* $100,080.54*$100,080.54* Turbo Price upon request Amended XX/XX/XXXX by Ord. XXXX - XX Page 43 ** Cost includes actual hardware cost, inspection fees and impact fees. Fire Service Connection Charges *** Contact number 801.483.6727 Detector check 2,722.61 4,057.41 Fire Lines New hydrants Per each inspection Hydrant and/or meter Per each move/kill inspection Water Meter Testing Requested by Property Owner 1 inch and smaller Meters over 1 inch When meter is found to be over-registering Cost of test borne by the city Water Used During Construction Residential Commercial Affleck Park Site Fees Single Site Per day Group area #2 Per day Group area #3 Per day Little Dell Recreation Area Site Fee Vehicle entry Per car Season pass Senior season pass City Creek Canyon Entry Fee Vehicle entry Per car Site fees for picnic areas Special Event Permits Per Day in Protected Watershed Areas (Races, walks, filming, etc) *For meters 4-inches and larger a water resource fee shall be added. The fee is based on the ratio of the projected usage (gpd) as determined by the AWWA M-22 method to the equivalent residential unit amount of 449 gpd multiplied by $106. 8-inch $2,575.64 17.16.050 10-inch $4,389.03 17.16.050 2-inch $355.00 17.16.050 4-inch $355.00 17.16.050 6-inch $601.00 17.16.050 8-inch $819.00 17.16.050 10-inch $1,091.00 17.16.050 12-inch $1,309.00 17.16.050 $110.00 17.16.050 $110.00 17.16.050 $12.00 17.16.410 $25.00 17.16.410 No charge 17.16.410 $10.00 17.16.345 Metered rates 17.16.345 WATERSHED RECREATIONAL FEES For questions regarding Watershed Recreational fees contact: 801.483.6880 Service Fee Additional Information Section $15 17.08.030 $50 17.08.030 $100 17.08.030 $5 17.08.030 $50 17.08.030 $25 17.08.030 $3 17.08.030 $3 - $75 17.08.030 # of Participants Fee Deposit Additional Information 0 to 20 $0 $0 One toilet required per 40 participants at start. Running races over 5 miles require toilets at intermittent mile markers and aid stations (e.g. miles 1,3,5…) 17.08.030 20 to 50 $25 $50 50 to 100 $50 $100 100 to 200 $100 $200 Amended XX/XX/XXXX by Ord. XXXX - XX Page 44 193.92 64.64 258.56 Alternative Parking 387.84 711.06 Amendments 969.61 1,034.29 1,034.59 See also fee for required public notices (21A.10.010.E)1,292.82 See also fee for required public notices (21A.10.010.E)258.56 See also fee for required public notices (21A.10.010.E)258.56 See also fee for required public notices (21A.10.010.E)258.56 Appearance Before the Zoning Enforcement Hearing Office 64.64 258.56 775.69 775.69 Condominium 517.08 387.84 Declaration of Surplus Real Property 387.56 Historic Landmarks Commission Review (Application) One toilet required per 40 participants at start. Running races over 5 miles require toilets at intermittent mile markers and aid stations (e.g. miles 1,3,5…) 17.08.030200 to 400 $200 $500 400 to 600 $500 $1,000 600 to 1,000 $1,000 $2,000 *Over 1,000 *Contacted watershed manager Filming Fees (per day)$200 minimum to $1,000 minimum ZONING FEES For question regarding Zoning fees contact: 801.535.7700 Service Fee Additional Information Section Determination of Nonconforming Use $198 21A.38.025.4 Administrative Interpretation $66 Plus $61 per hour for research after the first hour 21A.12.040.A.6 Alley Vacation/Closure $265 Fee waiver available if adequate signatures are obtained. See also fee for required public notices (21A.10.010.E)14.52.030. A.5 Residential $397 21A.52.040 .A.3 Nonresidential $727 21A.52.040 .A.3 Master plan $992 Plus $121 per acre in excess of one acre. See also fee for required public notices (10.9a.204). Utah Code Annoted 10.9A.510 Zoning map amendment $1,058 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E).21A.50.040.B Zoning text amendment $1,058 See also fee for required public notices (21A.10.010.E)21A.50.040.B Annexation $1,323 Utah Code Annoted 10.2.401.5 Appeal of a Decision Administrative decision $265 21A.16.030.B Historic Landmark Commission $265 21A.16.030.B Planning Commission $265 21A.16.030.B First scheduled hearing No charge 21A.20.90 Second scheduled hearing $66 21A.20.90 Billboard Construction or Demolition including the demolition of a non-conforming billboard $265 21A.46.160.D.3 & 21A.46.160.L.2 Conditional Building and Site Design Review $794 Plus $121 per acre in excess of one acre. See also fee for required public notices (21A.10.010.E).21A.59.070.B Conditional Use $794 See also fee for required public notices (21.A.10.010.E).21A.54.060.C Preliminary $529 Plus $37 per unit. See also fee for required public notices (21.A.10.010.E).20.56.40.B Final $397 Plus $24 per unit.20.56.40.B $396 2.58.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 45 See also fee for required public notices (21A.10.010.E)32.33 See also fee for required public notices (21A.10.010.E)258.56 See also fee for required public notices (21A.10.010.E)517.13 See also fee for required public notices (21A.10.010.E)258.56 Home Occupation Outdoor Dining 27.14 108.57 162.85 775.18 Signs Of building permit value 0.1172 12.92 Site Development Permit Plus $61 per acre in excess of one (1) acre 258.56 258.56 387.84 387.84 Subdivision Preliminary Plat 387.84 Subdivision Final Plat 775.69 689.02 Subdivision Vacations 387.84 Engineering Review and Inspection Fee 256.84 247.67 258.56 387.84 51.02 21A.40.065 Major Alterations of a principal building $33 21A.34.020 New construction of a principal building $265 21A.34.020 Demolition of a contributing principal building $529 21A.34.020 Relocation of a contributing principal building $265 21A.34.020 Outdoor Dining Permit Fee (6 or more tables)$167 21A.40.065 Planned Development $793 Plus $121 per acre in excess of (1) acre. See also fee for required public notices (21A.10.010.E)21A.55 Based on the adopted Building Permit Fee Schedule 21A.46.030 Plan checking fee $0.12 21A.46.030 21A.46.030 Non-conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Conditional No charge Fee could be assessed in future as per ordinance 21A.36.030 Outdoor Dining Application $28 21A.40.065 Outdoor Dining Permit Fee (1-5 tables)$111 $265 18.28.040.E Special Exception $265 For historic structures, see Section 21A.34.020 and 21A.46.070V. See also fee for required public notices 21A.10.010.E)21A.52.040.A.3 Permit fee for signs Street Closure $397 See also fee for required public notices.2.58.040 Subdivision Amendments $397 Plus $121 per lot. See also fee for required public notices (20.36)20.04.120 $397 Plus $121 per lot. See also fee for required public notices (20.36)20.04.120 Inspection tag $13 Plus $121 per lot. 20.04.120 $397 See also fee for required public notices (20.36)20.04.120 5% of the 1st $100,000 of public improvements & 2% for the amount above $100,000 20.04.120 Subdivision Lot Line Adjustment $263 20.04.120 Subdivision Consolidating Lots $253 20.04.120 Temporary Uses $265 21A.42.060.B $794 Zoning Variance $397 See also fee for required public notices (21A.10.010.E)21A.18.040.B As per applicable sections of the City and / or State Code, a fee will be assessed for required public notices. This may include sending notice by 1 st class U.S. Mail to property owners within a certain radius of the subject property and / or advertising required public hearings in a newspaper of general circulation. A fee for each required public hearing will be assessed. The noticing fee is authorized through the following sections of the Zoning Ordinance and State Law: Salt Lake City Code 21A.10.E and Utah State Code Annotated 10.9a.204 and 510 GENERAL FUNDS MISCELLANEOUS FEES For questions regarding General Funds Miscellaneous Fees contact: TBD Service Fee Additional Information Section Collection Fee $52 3.16.050 Amended XX/XX/XXXX by Ord. XXXX - XX Page 46 196.50 Judges Discretion DoneCredit Card Use Surcharge 2.35% This fee will be added at the register to all qualifying credit card transactions described in Section 3.16.060 of the Salt Lake City Code. **Max Galaxy, Sportsman software and Library Parking Garage does not assess the credit card charge** 3.16.060 Legal Fee $201 2.75.040 Amended XX/XX/XXXX by Ord. XXXX - XX Page 47 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 1 1 2 SALT LAKE CITY ORDINANCE 3 No. ______ of 2021 4 5 (Work in the public way fees) 6 7 An ordinance amending Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the 8 Salt Lake City Code, relating to work in the public way fees. 9 WHEREAS, the city desires to make certain changes relating to work in the public way 10 definitions and fees; and 11 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 12 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to such 13 changes. 14 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 15 SECTION 1. Section 14.32.015 of the Salt Lake City Code, relating to definitions, is 16 amended as follows: 17 Amending the definition of “Obstruction.” The definition of “Obstruction” is amended to 18 read as follows: 19 OBSTRUCTION: Any thing that obstructs the free use of the public way, including 20 construction barricades, sidewalk canopies, containers, construction materials or equipment, 21 rubbish, glass, material, wood, ashes, tacks, metal, earth, stone, structure, or other object, thing, 22 or substance whichthat may interfere with or obstruct the free use or view of the public way by 23 travelers, or injure or tend to injure or destroy or render unsightly the surface of a public way, or 24 which that may cause or tend to cause such public way to become restricted in its intended uses 25 or unsafe or dangerous for travelers thereon. 26 SECTION 2. Section 14.32.400 of the Salt Lake City Code, relating to excavation permit 2 27 fees, is amended as follows: 28 14.32.400: EXCAVATION PERMIT FEES: 29 A. Fees: The city engineer shall charge, and the city treasurer shall collect, upon issuing a 30 permit, the fees shown on the Salt Lake City consolidated fee schedule with respect to 31 excavation permitsfor review of the application and site inspection of: 32 1. Excavation, including potholes and test holes;. 33 2. Multiple utility excavations.; or 34 3. Portions of the public way to which excavation restrictions apply. Excavation permits for 35 portions of the public way to which excavation restrictions apply, when permitted pursuant to the 36 provisions of this chapter, shall have a permit fee that is be issued only upon written 37 authorization of the city engineer and the permit fees shall be two(2) times the normal rates 38 published in this section. The city engineer may also require persons working in such portions of 39 the public way to employ extraordinary measures in restoring said public waystreet such as 40 applying seal coat or other surface treatment to the street, if applicable, to maintain the overall 41 integrity of the surface. The value of such extraordinary measures may, in the discretion of the 42 city engineer, be used to offset the additional fees. 43 4. Poles and anchors. 44 B. Higher Fee: For work under a permit that begins before the winter time fee period set forth 45 in the Salt Lake City consolidated fee schedule, Where any of the foregoing subsections specify 46 a higher fee for any period, such the winter time higher fee shall will be applicable if any portion 47 of the work is donecompleted during the winter time higher fee period. 3 48 C. Permit Extension: Fee as shown on the Salt Lake City consolidated fee schedule. The city 49 engineer may deny this permit extension when work is not proceeding on the project in a 50 satisfactory manner. 51 SECTION 3. Section 14.32.410 of the Salt Lake City Code, relating to public way 52 obstruction permit fees, is amended as follows: 53 14.32.410: PUBLIC WAY OBSTRUCTION FEES: 54 55 In addition to excavation or improvement fees described in section 14.32.400 and section 56 14.32.405, Tthe city engineer shall charge, and the city treasurer shall collect, upon issuing a 57 permit, the following fees shown on the Salt Lake City consolidated fee schedule for review of 58 the application and site inspection of obstructions in the public way: 59 A. If the permit is for an obstruction that will be in place for more than 28 calendar days, a 60 Mmonthly Ffee (Construction Barricades Requiring More Than 5 Days): In addition to 61 excavation fees: 62 1. Flat fee for all or any part of a block face: for such activities as barricading for sidewalk 63 closures, lane closures, sidewalk canopies, containers in the public way, or storage of 64 construction materials or equipment.As shown on the Salt Lake City consolidated fee schedule. 65 2. Each additional block face: As shown on the Salt Lake City consolidated fee schedule. 66 3. Permit extension: As shown on the Salt Lake City consolidated fee schedule. 67 B. If the permit is for an obstruction that will be in place for 28 or fewer calendar days, a 68 weekly fee for all or any part of a block face Short Term Occupation Of The Public Way (5 Days 69 Or Less): for such activities as barricading for sidewalk closures, lane closures, sidewalk 70 canopies, containers in the Scaffolding or other temporary structures over public way, or storage 71 of construction materials or equipment.soil. Permit up to and including five (5) days: As shown 4 72 on the Salt Lake City consolidated fee schedule, per setup. No fee shall be charged for 73 scaffolding or staging done behind an approved barricade fence. 74 75 C. Permit Extension: The fee for each permit extension shall be as shown on the Salt Lake 76 City consolidated fee schedule. C. On a permit that lasts seven or fewer calendar days, an 77 obstruction fee is waived if an excavation fee or an improvement fee is charged. 78 D. When the duration of the obstruction permit doesn’t end at the end of a week or month, 79 the fee will be determined by rounding to the nearest whole week with the intent to simplify the 80 fee determination. For example, an obstruction permit that is to cover a period of six and one- 81 half months could be charged a fee for six times the monthly fee and two times the weekly fee. 82 SECTION 4. Section 14.32.420 of the Salt Lake City Code, relating to permit fee 83 waivers, is amended as follows: 84 14.32.420: PERMIT FEE WAIVERS: 85 The city engineer may waive all or a portion of the permit fees or penalties or a portion thereof, 86 provided for in this chapter, when the/ city engineershe determines that: (a) such permit fee or 87 penalty: a) pertains to construction or rehabilitation of housing for persons whose income is 88 below the median income level for the city; or (b) such permit fee pertains to an encroachment 89 on the public way involving a beautification project which that furthers specific goals and 90 objectives set forth in the city's strategic plan, master plans, or other official documents, 91 including decorative street lighting, building facade lighting, flower and planter boxes, and or 92 landscaping; (c) such permit fee pertains to abutting property owners repairing or replacing “in 93 kind” existing drive approaches, curb, gutter, or sidewalk; (d) such permit fee pertains to a city 94 capital improvement project even if the permittee is a utility company doing work required to be 5 95 accomplished before or during execution of the project; (e) such permit fee pertains to work that 96 is related to a subdivision for which fees were already collected by the city. (f) such permit 97 pertains to a Utah Department of Transportation project affecting the Salt Lake City public way; 98 or (g) such permit pertains to a permit issued on a Salt Lake City Streets Division project 99 affecting the Salt Lake City public way. 100 SECTION 5. This ordinance shall take effect immediately after it has been published in 101 accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 102 10-3-713. 103 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 104 2021. 105 ____________________________ 106 CHAIRPERSON 107 ATTEST AND COUNTERSIGN: 108 109 ___________________________ 110 CITY RECORDER 111 112 Transmitted to Mayor on ______________________. 113 114 Mayor’s Action: __________ Approved. ___________ Vetoed. 115 116 117 ____________________________ 118 MAYOR 119 120 121 122 ___________________________ 123 CITY RECORDER 124 125 126 (SEAL) 127 128 129 Bill No. ______ of 2021. 130 Published: _____________________. Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 6 131 132 133 134 1 1 SALT LAKE CITY ORDINANCE 2 No. ______ of 2021 3 4 (Work in the public way fees) 5 6 An ordinance amending Sections 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the 7 Salt Lake City Code, relating to work in the public way fees. 8 WHEREAS, the city desires to make certain changes relating to work in the public way 9 definitions and fees; and 10 WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Sections 11 14.32.015, 14.32.400, 14.32.410, and 14.32.420 of the Salt Lake City Code, relating to such 12 changes. 13 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 14 SECTION 1. Section 14.32.015 of the Salt Lake City Code, relating to definitions, is 15 amended as follows: 16 Amending the definition of “Obstruction.” The definition of “Obstruction” is amended to 17 read as follows: 18 OBSTRUCTION: Anything that obstructs the free use of the public way, including 19 construction barricades, sidewalk canopies, containers, construction materials or equipment, or 20 other object, thing, or substance that may interfere with or obstruct the free use of the public way 21 by travelers, , or that may cause or tend to cause such public way to become restricted in its 22 intended uses or unsafe or dangerous for travelers thereon. 23 SECTION 2. Section 14.32.400 of the Salt Lake City Code, relating to excavation permit 24 fees, is amended as follows: 25 14.32.400: EXCAVATION PERMIT FEES: 26 2 A. Fees: The city engineer shall charge, and the city shall collect, upon issuing a permit, the 27 fees shown on the Salt Lake City consolidated fee schedule with respect to excavation permits: 28 1. Excavation, 29 2. Multiple utility excavations; or 30 3. Portions of the public way to which excavation restrictions apply. Excavation permits for 31 portions of the public way to which excavation restrictions apply, when permitted pursuant to the 32 provisions of this chapter, shall have a permit fee that is two times the normal rates. The city 33 engineer may also require persons working in such portions of the public way to employ 34 extraordinary measures in restoring said public way such as applying seal coat or other surface 35 treatment to the street, if applicable, to maintain the overall integrity of the surface. The value of 36 such extraordinary measures may, in the discretion of the city engineer, be used to offset the 37 additional fees. 38 B. Higher Fee: For work under a permit that begins before the winter time fee period set forth 39 in the Salt Lake City consolidated fee schedule, the winter time fee will be applicable if any 40 portion of the work is done during the winter time fee period. 41 SECTION 3. Section 14.32.410 of the Salt Lake City Code, relating to public way 42 obstruction permit fees, is amended as follows: 43 14.32.410: PUBLIC WAY OBSTRUCTION FEES: 44 45 In addition to excavation or improvement fees described in section 14.32.400 and section 46 14.32.405, the city engineer shall charge, and the city shall collect, upon issuing a permit, the 47 fees shown on the Salt Lake City consolidated fee schedule for obstructions in the public way: 48 A. If the permit is for an obstruction that will be in place for more than 28 calendar days, a 49 monthly fee for all or any part of a block face for such activities as barricading for sidewalk 50 3 closures, lane closures, sidewalk canopies, containers in the public way, or storage of 51 construction materials or equipment. 52 B. If the permit is for an obstruction that will be in place for 28 or fewer calendar days, a 53 weekly fee for all or any part of a block face for such activities as barricading for sidewalk 54 closures, lane closures, sidewalk canopies, containers in the public way, or storage of 55 construction materials or equipment. 56 C. On a permit that lasts seven or fewer calendar days, an obstruction fee is waived if an 57 excavation fee or an improvement fee is charged. 58 D. When the duration of the obstruction permit doesn’t end at the end of a week or month, 59 the fee will be determined by rounding to the nearest whole week with the intent to simplify the 60 fee determination. For example, an obstruction permit that is to cover a period of six and one-61 half months could be charged a fee for six times the monthly fee and two times the weekly fee. 62 SECTION 4. Section 14.32.420 of the Salt Lake City Code, relating to permit fee 63 waivers, is amended as follows: 64 14.32.420: PERMIT FEE WAIVERS: 65 The city engineer may waive all or a portion of the permit fees provided for in this chapter, 66 when the city engineer determines that: (a) such permit fee pertains to construction or 67 rehabilitation of housing for persons whose income is below the median income level for the 68 city; (b) such permit fee pertains to an encroachment on the public way involving a 69 beautification project that furthers specific goals and objectives set forth in the city's strategic 70 plan, master plans, or other official documents, including decorative street lighting, building 71 facade lighting, flower and planter boxes, or landscaping; (c) such permit fee pertains to abutting 72 property owners repairing or replacing “in kind” existing drive approaches, curb, gutter, or 73 4 sidewalk; (d) such permit fee pertains to a city capital improvement project even if the permittee 74 is a utility company doing work required to be accomplished before or during execution of the 75 project; (e) such permit fee pertains to work that is related to a subdivision for which fees were 76 already collected by the city (f) such permit pertains to a Utah Department of Transportation 77 project affecting the Salt Lake City public way; or (g) such permit pertains to a permit issued on 78 a Salt Lake City Streets Division project affecting the Salt Lake City public way. 79 SECTION 5. This ordinance shall take effect immediately after it has been published in 80 accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 81 10-3-713. 82 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 83 2021. 84 ____________________________ 85 CHAIRPERSON 86 ATTEST AND COUNTERSIGN: 87 88 ___________________________ 89 CITY RECORDER 90 91 Transmitted to Mayor on ______________________. 92 93 Mayor’s Action: __________ Approved. ___________ Vetoed. 94 95 96 ____________________________ 97 MAYOR 98 99 100 101 ___________________________ 102 CITY RECORDER 103 104 105 (SEAL) 106 107 108 Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 4-29-21 5 Bill No. ______ of 2021. 109 Published: _____________________. 110 111 112 113 114 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 1 No. ______ of 2021 2 3 (Organizational changes) 4 5 An ordinance enacting section 2.08.120 and amending Sections 2.08.050, 2.08.080, 6 2.26.020. 2.26.170, 2.26.210, 2.43.020, 2.43.030, 2.43.080, 2.94.040, 3.24.030, 3.32.060, 7 3.32.100, 15.16.031, 15.16.035, 15.16.090, and 18.95.020 of the Salt Lake City Code, relating to 8 the department of public services, the department of public lands, and the department of 9 community and neighborhoods. 10 WHEREAS, the city desires to make certain organizational changes relating to the 11 department of public services, the department of public lands, and the department of community 12 and neighborhoods; and 13 WHEREAS, the City Council of Salt Lake City, Utah, desires to enact section 2.08.120 14 and amend Sections 2.08.050, 2.08.080, 2.26.020. 2.26.170, 2.26.210, 2.43.020, 2.43.030, 15 2.43.080, 2.94.040, 3.24.030, 3.32.060, 3.32.100, 15.16.031, 15.16.035, 15.16.090, and 16 18.95.020 of the Salt Lake City Code, relating to such organizational changes. 17 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 18 SECTION 1. Section 2.08.120 of the Salt Lake City Code, relating to the department of 19 public lands, is enacted to read as follows: 20 2.08.120: Department of Public Lands: 21 A. Functions: The department of public lands shall have charge of and be responsible for the 22 division of parks; the division of golf; the division of trails and natural lands; and the division of 23 urban forestry: 24 1. The general supervision, maintenance, upkeep and control of the city's parks, 25 playgrounds, athletic fields, golf courses, and other recreational areas and facilities; 26 LEGISLATIVE DRAFT 2 2. The city's cemetery; 27 3. Recreational activities and public event planning and special event permitting; and 28 4. Maintenance and upkeep of shade trees and other plantings; 29 SECTION 2. Section 2.08.050 of the Salt Lake City Code, relating to the department of 30 community and neighborhoods, is amended as follows: 31 2.08.050: DEPARTMENT OF COMMUNITY AND NEIGHBORHOODS: 32 A. Functions: The department of community and neighborhoods shall have charge of and be 33 responsible for: 34 1. Land use planning; 35 2. Business regulation; 36 3. Housing; 37 4. Building and housing codes; 38 5. City engineering; 39 65. Transportation engineering; 40 76. Nonparking civil enforcement, including enforcement of snow removal; and 41 87. Capital asset management.; and 42 8. Division of youth and family programs. 43 B. City Engineer: The position of city engineer shall be assigned to the department of 44 community and neighborhoods under the administrative direction of the director of community 45 and neighborhoods. The city engineer shall be a registered professional engineer of the state and 46 shall be responsible for the review, supervision and acceptance of all engineering and 47 architectural design, and construction work required by or for the city, except as assigned in this 48 code to other departments or offices of the city; the coordination and supervision of all 49 LEGISLATIVE DRAFT 3 construction work done within the public rights of way of the city; and the records of public 50 improvements as prescribed by state statute. The duties may be delegated by the city engineer as 51 deemed prudent and appropriate; such delegation may include the department of public utilities 52 (for recording and maintaining engineering records relating to the water and sewer systems and 53 its engineering functions) and the department of airports. 54 SECTION 3. Section 2.08.080 of the Salt Lake City Code, relating to the department of 55 public services, is amended as follows: 56 2.08.080: DEPARTMENT OF PUBLIC SERVICES: 57 A. Functions: The department of public services shall have charge of and be responsible for 58 the division of parks and public lands; the division of youth and family programs; and fleet 59 management, the division of facilities, the division of compliance, the division of streets, and the 60 division of city engineering: 61 1. The general supervision, maintenance, upkeep and control of the city's parks, 62 playgrounds, athletic fields, golf courses, pools and other recreational areas and facilities; 63 21. The operation of the crossing guard programcity's cemetery; 64 3. Recreational activities and public event planning; 65 4. Maintenance and upkeep of shade trees and other plantings; 66 52. The operation and maintenance of streets, parkways, sidewalks, street lighting, traffic 67 signals, and similar public ways and facilities; 68 63. Maintenance and repair of all city owned buildings within the city; and 69 74. Enforcement of parking ordinances and regulations. 70 B. City Engineer: The position of city engineer shall be assigned to the department of public 71 services under the administrative direction of the director of public services. The city engineer 72 LEGISLATIVE DRAFT 4 shall be a registered professional engineer of the state and shall be responsible for the review, 73 supervision and acceptance of all engineering and architectural design, and construction work 74 required by or for the city, except as assigned in this code to other departments or offices of the 75 city; the coordination and supervision of all construction work done within the public rights of 76 way of the city; and the records of public improvements as prescribed by state statute. The duties 77 may be delegated by the city engineer as deemed prudent and appropriate; such delegation may 78 include the department of public utilities (for recording and maintaining engineering records 79 relating to the water and sewer systems and its engineering functions) and the department of 80 airports. 81 SECTION 4. Section 2.26.020 of the Salt Lake City Code, relating to definitions related 82 to urban forestry, is amended as follows: 83 2.26.020: DEFINITIONS: 84 85 For the purpose of this chapter the following terms, phrases, words, and their derivations shall 86 have the meanings given in this section: 87 PARKING/PLANTING STRIP: The area between the curb and sidewalk and the area between 88 sidewalk and private property line that is city owned property; unpaved streetside city property; 89 or an area inside the private property line where an easement is given to the city for the purpose 90 of planting trees. 91 PRIVATE TREES: Any and all trees growing on private property within the city limits as of or 92 after the effective date of the ordinance from which this section or successor sections derives and 93 which that are not defined or designated in this chapter as street trees, park trees or public trees. 94 PUBLIC RIGHT OF WAY: A portion of property reserved for public use and accepted for such 95 use by the city to provide circulation and travel to abutting properties, including, but not limited 96 LEGISLATIVE DRAFT 5 to, streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes, and open public 97 spaces. 98 PUBLIC TREES: All trees growing on any street, park, or any public place owned and/or 99 managed by Salt Lake City as of or after the effective date of this chapter or its successor 100 ordinances. 101 PUBLIC UTILITY: Any public, private or cooperatively owned line, facility or system for 102 producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil 103 products, water, waste or storm water, thatwhich directly or indirectly serves the public or any 104 part thereof within the corporate limits of the city. 105 TREE TOPPING: The specific reduction in the overall size of a tree and/or the severe cutting 106 back of branches or limbs to such a degree so as to remove the normal canopy and disfigure the 107 tree. 108 URBAN FORESTER: The city urban forester who is selected by the director of the department 109 of public landsservices to that position in the department of public landsservices. 110 URBAN FORESTRY PROGRAM: The program thatwhich is a part of the department of public 111 landsservices and thatwhich is responsible for the care and maintenance of the urban forest 112 resources located on city property. 113 SECTION 5. Section 2.26.170 of the Salt Lake City Code, relating to the powers and 114 duties of the urban forester, is amended as follows: 115 2.26.170: POWERS AND DUTIES OF URBAN FORESTER: 116 The urban forester shall be the supervisor of the urban forestry program of the department of 117 public landsservices and shall be responsible to the director of the department of public 118 LEGISLATIVE DRAFT 6 landsservices in carrying out the duties of this position. The urban forester shall initiate an urban 119 forest management plan. 120 SECTION 6. Section 2.26.210 of the Salt Lake City Code, relating to landscape permits 121 for public right of way, is amended as follows: 122 2.26.210: LANDSCAPE PERMIT FOR PUBLIC RIGHT OF WAY: 123 It is unlawful for any person to plant, prune or remove any public tree, without first obtaining a 124 permit from the department of public landsservices. Permits shall not be required for work 125 performed by city personnel. 126 A. Planting And Maintaining Public Trees: The Salt Lake City urban forestry standards and 127 specifications shall be used as a guideline for planting and pruning public trees. 128 B. Removing Trees: The urban forester must approve any permit for removal of public trees 129 and as a condition, the permittee may be required to compensate the city for the value of the 130 tree(s) removed either by replacement thereof or by monetary assessment. 131 C. Permit Fee: Commercial companies, public utilities or individuals employed in the 132 landscaping or arboricultural business shall be required to pay a permit fee per job as shown on 133 the Salt Lake City consolidated fee schedule or a permit fee per year as shown on the Salt Lake 134 City consolidated fee schedule. 135 SECTION 7. Section 2.43.020 of the Salt Lake City Code, relating to the purpose of the 136 golf enterprise fund advisory board, is amended as follows: 137 2.43.020: PURPOSE: 138 A. The mayor and the Salt Lake City council, hereinafter city council, declare it to be a policy 139 of the city that the city be a provider of golf course facilities and golf programs in Salt Lake City, 140 under the direction of the golf division of the Salt Lake department of public landsservices 141 LEGISLATIVE DRAFT 7 department. The division shall coordinate all golf related activities funded by the city's golf 142 enterprise fund. 143 B. The golf division may direct, operate and maintain all golf courses maintained by Salt 144 Lake City. 145 C. This chapter is enacted and intended for the purpose of establishing a Salt Lake City golf 146 enterprise fund advisory board for the general purpose of establishing criteria and guidelines for 147 assessing the city's golf program needs, and to recommend priorities of the golf program, as well 148 as to monitor any joint golf agreements between the city and other entities. The more specific 149 powers and duties of the board shall be set forth in section 2.43.080 of this chapter, or its 150 successor. 151 SECTION 8. Section 2.43.030 of the Salt Lake City Code, relating to definitions related 152 to the golf enterprise fund advisory board, is amended as follows: 153 2.43.030: DEFINITIONS: 154 BOARD: The Salt Lake City golf enterprise fund advisory board created under this chapter. 155 CITY: Means and refers to Salt Lake City, a municipal corporation of the state of Utah. 156 COUNCIL: The Salt Lake City council. 157 DIRECTOR OF THE DEPARTMENT OF PUBLIC landsSERVICES: A person appointed by 158 the mayor with the advice and consent of the council who is duly qualified and acting head of the 159 department of public landsservices. 160 FUND OR GOLF ENTERPRISE FUND: The golf enterprise fund referred to in this chapter or 161 its successor. 162 LEGISLATIVE DRAFT 8 GOLF DIRECTOR: A person appointed by the director of the department of public 163 landsservices to serve as the director of the division of golf within the department of public 164 landsservices. 165 MAYOR: The duly elected or appointed, and qualified mayor of Salt Lake City. 166 MEMBER: A person appointed by the mayor who is duly qualified and an acting, voting 167 member of the board. 168 PERSON: An individual. 169 SECTION 9. Section 2.43.080 of the Salt Lake City Code, relating to the powers and 170 duties of the golf enterprise fund advisory board, is amended as follows: 171 2.43.080: POWERS AND DUTIES: 172 The board shall have the following powers and duties: 173 A. Determine and establish such rules and regulations for the conduct of the board as the 174 members shall deem advisable; provided, however, that such rules and regulations shall not be in 175 conflict with this chapter or its successor, or other city, state or federal law; 176 B. Recommend the adoption and alteration of all rules, regulations, procedures and 177 ordinances which it shall from time to time deem in the public interest and most likely to 178 advance, enhance, foster, and promote activities, for the conduct of the business of, and the use 179 and operation of golf facilities within Salt Lake City and for the purposes of carrying out the 180 objects of this chapter; provided, however, that such rules and regulations shall not be in conflict 181 with this chapter or its successor, or other city, state or federal law; 182 C. Recommend planning, establishment and approval of all construction and expansion 183 projects for city golf programs and facilities. The approval required in this section shall be in 184 addition to all other approval of other city departments required by law or city policy; 185 LEGISLATIVE DRAFT 9 D. Recommend broad matters of policy regarding the operation and management of city golf 186 programs and facilities which may include, but need not be limited to, the following: 187 1. Expansion of city golf facilities, 188 2. Timing of such expansion, 189 3. Establishing rate structures for golf fees to the public or to any person, firm or 190 corporation, public or private, and for leasing of space or facilities, or for granting rights, 191 privileges or concessions at city golf facilities, and 192 4. Determination of the number or type of concessionaires, services, or facilities at city golf 193 facilities; 194 E. Review and make recommendation annually on the budget for the division of golf within 195 the department of public landsservices; 196 F. Assist the golf director in the continuing orderly development and promotion of city golf 197 facilities in order to best serve the citizens of Salt Lake City. 198 SECTION 10. Section 2.94.040 of the Salt Lake City Code, relating to the creation of the 199 parks, natural lands, trails, and urban forestry advisory board, is amended as follows: 200 2.94.040: CREATION OF BOARD: 201 A. There is created the city parks, natural lands, trails, and urban forestry advisory board 202 (board). The board shall be comprised of nine (9) to eleven (11) voting members. All 203 appointments shall be made for a three (3) year term. One member of the board shall be 204 appointed from each city council district. The remaining members of the board shall be 205 appointed as at large members. No more than three (3) members may live outside of the Salt 206 Lake City boundaries. 207 LEGISLATIVE DRAFT 10 B. Nominations to the board should reflect diverse community interests by seeking to find 208 members with geographic, professional, cultural and neighborhood/community diversity. 209 C. The board shall also include the following ex officio nonvoting members: 210 1. The chair of the city's transportation advisory board, or the chair's designee; 211 2. The chair of the community development and capital improvements board or the chair's 212 designee; 213 3. The chair of the historic landmark commission or the chair's designee; and 214 4. The mayor or the mayor's designees. 215 D. The board will be located and staffed in the department of public landsservices and will 216 have access to and assistance from the parks director, the urban forester, the director of 217 transportation, the trails coordinator, the city natural lands program manager, or their designees; 218 other city departments and/or divisions; and the city attorney's office as needed. 219 SECTION 11. Section 3.24.030 of the Salt Lake City Code, relating to definitions related 220 to procurement, is amended as follows: 221 3.24.030: DEFINITIONS: 222 As used in this chapter: 223 BID PACKAGE: All documents, whether attached or incorporated by reference, used for 224 soliciting sealed bids, such as a notice, bid form, form contract, specifications and similar 225 documents. 226 BID, PROPOSAL OR OFFER: An offer to perform. 227 BIDDER: A person who submits a bid. 228 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to subsection 229 3.24.040A of this chapter, or any successor to that subsection. 230 LEGISLATIVE DRAFT 11 CITY ENGINEER: The city employee designated pursuant to subsection 2.08.0802.08.050B of 231 this code, or any successor to that subsection. 232 CONSTRUCTION: The process of building, renovating, altering, improving or repairing any 233 city building or public work, but does not include the routine operation or maintenance, or minor 234 repair of, existing city property. 235 CONSTRUCTION RELATED SUPPLIES AND SERVICES: All supplies and services put to 236 use in the process of construction, including professional services related to construction. 237 DIVISION: Any division of a city department, or any other agency or subdivision of the city. 238 OFFEROR: A person who submits a proposal, a response to a request for qualifications, a quote, 239 a bid, or any other offer or submission. 240 OPERATIONAL SUPPLIES AND SERVICES: All supplies and services put to use in 241 connection with managing and operating the city, including professional services. Operational 242 supplies and services does not include construction related supplies and services. 243 PERSON: Any individual, group of individuals, entity, group of entities, business, agency, club, 244 committee, union or other organization or organizations, not including the city or any of its 245 employees, officers, departments or divisions. 246 PROCUREMENT: Buying, purchasing, renting, leasing, leasing with an option to purchase, or 247 otherwise acquiring any supplies or services, and all related acquisition processes. 248 PROCUREMENT OFFICIAL: The chief procurement officer or city engineer, or a city 249 employee who is authorized to act in the capacity of a procurement official as specifically 250 delegated in the procurement rules. 251 PROCUREMENT RULES: The administrative rules, policies, executive orders or other rules 252 adopted by the mayor in accordance with subsection 3.24.040A2 of this chapter, or any 253 LEGISLATIVE DRAFT 12 successor to that subsection. 254 PROFESSIONAL SERVICES: Those services that are provided by a person skilled in the 255 practice of a learned or technical discipline. Providers of professional services often require 256 prolonged and specialized intellectual training, and profess attainments in special knowledge as 257 distinguished from mere skills. Disciplines may include, without limitation, accounting, auditing, 258 architecture, court reporting, engineering, experts in a specialized field, finance, law, materials 259 testing, medicine, planning, surveying, and others. 260 PROPOSAL PACKAGE: All documents, whether attached or incorporated by reference, used 261 for soliciting a proposal, response to a request for qualifications, or other proposal or offer to 262 perform city work, and may include such documents as a notice, scope of work, form contract or 263 other documents. 264 REQUEST FOR PROPOSALS: Soliciting to receive sealed proposals. 265 REQUEST FOR QUALIFICATIONS: Soliciting to receive statements describing the 266 qualifications of potential bidders or offerors. 267 RESPONSIBLE BIDDER OR RESPONSIBLE OFFEROR: A person who has the capability in 268 all respects to fully perform the contract requirements, and who has the integrity, capacity and 269 reliability which will assure good faith performance. 270 RESPONSIVE BIDDER OR RESPONSIVE OFFEROR: A person who has submitted a bid or 271 offer that conforms in all material respects to the bid package, proposal package, or other 272 request. 273 SERVICES: The furnishing of labor, time, or effort by any person, and includes professional 274 services. 275 SUPPLIES: All property, including equipment, materials and printing, but excludes land or a 276 LEGISLATIVE DRAFT 13 permanent interest in land. 277 SECTION 12. Section 3.32.060 of the Salt Lake City Code, relating to applications, 278 investigations, and recommendations related to no fault golf claims, is amended as follows: 279 3.32.060: APPLICATION; INVESTIGATION AND RECOMMENDATION: 280 Applications received by the city recorder shall be referred to the department of public 281 landsservices for investigation and recommendation. The department's report shall be forwarded 282 to the city attorney for determination under the criteria of this chapter. All payments authorized 283 by the city attorney shall be made by the director of the department of public landsservices solely 284 from funds to be set aside under this chapter. 285 SECTION 13. Section 3.22.100 of the Salt Lake City Code, relating to budget 286 expenditures related to no fault golf claims, is amended as follows: 287 3.32.100: BUDGET EXPENDITURE: 288 The city department of public landsservices is authorized to provide for and include within its 289 budget within the recreation fund an amount not to exceed ten thousand dollars ($10,000.00) 290 annually from which funds may be drawn to make the foregoing payments. 291 SECTION 14. Section 15.16.031 of the Salt Lake City Code, relating to golf courses and 292 green fees, is amended as follows: 293 15.16.031: GOLF COURSES; GREEN FEES: 294 A. Fees Imposed: There shall be imposed on any person playing golf at any of the city golf 295 courses the fees shown on the Salt Lake City consolidated fee schedule. Programs and fee 296 descriptions listed in this section shall become effective on the effective date hereof. All green 297 fees, membership programs fees, parameters, and program time frames shall be listed on the golf 298 program's website and posted in each city golf course clubhouse on the effective date hereof. 299 LEGISLATIVE DRAFT 14 1. Senior And Junior Green Fees: Time frames for senior and junior green fees will be 300 determined by the head golf course professional at each city golf course and are listed in the Salt 301 Lake City consolidated fee schedule. Time frames are subject to change. Senior green fees and 302 junior green fees shall not be considered discounts for purposes of this section. 303 2. Grandfathered Senior Season Golf Passes: In 1997, the decision was made by the Salt 304 Lake City golf division, with the approval of the city council, to phase out the senior season pass 305 program and to effectively grandfather the senior season pass program for qualified senior 306 season pass holders based on their continued participation. Senior season passes for calendar 307 years subsequent to 1997 were available solely to those individuals who had purchased calendar 308 1997 senior season passes on or before June 30, 1997. No other senior season passes were issued 309 after this date. Senior season pass holders were required to renew their passes annually in order 310 to remain eligible for a senior season pass. Any senior season pass holder who failed to renew a 311 senior season pass for any year would not be eligible for any further senior season pass. 312 Grandfathered senior season golf passes may not be used Fridays through Sundays, on 313 recognized holidays, or for group reservation play. The fees pertaining to the grandfathered 314 senior season pass program are shown on the Salt Lake City consolidated fee schedule. 315 Grandfathered senior season golf passes shall be considered discounts for purposes of this 316 section. 317 3. School Golf Teams: Green fees for school golf team special play (high school and 318 collegiate golf teams) shall be as shown on the Salt Lake City consolidated fee schedule. Time 319 frames for school golf team fees will be determined by the head golf course professional at each 320 city golf course and are listed in the Salt Lake City consolidated fee schedule. Time frames are 321 subject to change. 322 LEGISLATIVE DRAFT 15 4. Tee Times: Green fees for advance tee time reservations (minimum 18 holes) shall be as 323 shown on the Salt Lake City consolidated fee schedule. 324 5. Tee Time Cancellations: The department of public landsservices, with concurrence of the 325 mayor, may set reasonable regulations with regard to amounts of refunds for cancellations and 326 time in which cancellations must be made. 327 6. Membership Programs: The golf director may designate time specific membership 328 programs designed to encourage customer loyalty and recurring play at city golf courses. Golf 329 program membership prices, parameters, and time frames are subject to change annually and are 330 listed in the Salt Lake City consolidated fee schedule. 331 7. Private Lessons: Private lesson fees may be established by the individual teacher. Private 332 lesson fees shall be approved annually by the golf director or designee. 333 B. Golf CIP Fund: One dollar ($1.00) less sales tax per nine (9) hole round at each city golf 334 course for all green fee types shall be allocated to a dedicated golf capital improvement fund. 335 Nine percent (9%) of all annual pass sales shall be allocated to this fund. 336 C. Definitions: 337 JUNIOR: Any person age six (6) through age seventeen (17). 338 RECOGNIZED HOLIDAYS: Memorial Day, Independence Day, Pioneer Day, and Labor 339 Day. 340 SENIOR: Any person age sixty (60) or older. 341 D. Adjustment Of Programs, Fees, Or Time Frames: Subject to subsection E of this section, 342 the director of public landsservices or the director's designee, with the approval of the mayor or 343 the mayor's designee, shall have the authority, at any time, to adjust the programs, fees, or time 344 frames listed in this section for any city golf course, if the director deems it necessary to increase 345 LEGISLATIVE DRAFT 16 the use of the golf course or to increase fee revenue. All changes to programs, fees, or time 346 frames shall be posted immediately at the point of sale in the city golf course clubhouse and on 347 the city golf course website. 348 E. Prohibition On Use Of More Than One Discount Or Pass: With respect to the green fee for 349 any round of golf, a golfer may not benefit from more than one kind of discount or pass during a 350 single transaction. For example, a golfer participating in a membership program may not 351 combine their membership discount with any other discount pass or promotional offer, thereby 352 receiving multiple discounts on any given green fee. 353 SECTION 15. Section 15.16.035 of the Salt Lake City Code, relating to golf courses and 354 group reservations, is amended as follows: 355 15.16.035: GOLF COURSES; GROUP RESERVATIONS: 356 Reservations for exclusive use of a city golf course such as for group play and outings shall be 357 allowed in accordance with the following guidelines: 358 A. Merchandise Fees: Additional fees above and beyond the regular green and cart fees may 359 be added for group play at the discretion of the head golf professional at each city golf course. A 360 per person minimum merchandise fee may be charged as shown on the Salt Lake City 361 consolidated fee schedule. 362 B. Green Fees: Green fees shown on the Salt Lake City consolidated fee schedule shall be 363 charged for each participant. 364 C. Reasonable Regulations Set By Department Of Public Services: The department of public 365 landsservices may set reasonable regulations with regard to: 366 1. How many days in advance of the date for which the facility is reserved that all 367 reservation and green fees must be paid; 368 LEGISLATIVE DRAFT 17 2. Amounts of refunds for cancellations and time in which cancellations must be made; 369 3. Rescheduling "rainouts"; 370 4. Minimum and maximum number of golfers; 371 5. Cart reservations; 372 6. Minimum and maximum numbers of holes to be reserved for group play; 373 7. Dates and times for taking group reservations; 374 8. City golf courses for which group reservations may be made; 375 9. Fees for special services requested of the city over and above services normally provided; 376 however, such costs shall reflect actual city costs, including overhead; 377 10. How many group reservations a person or group can make in a single calendar year; 378 11. How many group reservations a person can make per request; 379 12. Making reservations by phone or in person. 380 D. Adjustment Of Programs, Fees, Or Time Frames: Subject to subsection 15.16.031E of this 381 chapter, the director of public landsservices or the director's designee, with the approval of the 382 mayor or the mayor's designee, shall have the authority, at any time, to adjust the programs, fees, 383 or time frames listed in this section for any city golf course, if the director deems it necessary to 384 increase the use of the golf course or to increase golf course revenue. All changes to programs, 385 fees, or time frames shall be posted immediately at the point of sale in the city golf course 386 clubhouse and on the city golf course website. 387 SECTION 16. Section 15.16.090 of the Salt Lake City Code, relating to recreation 388 program fees, is amended as follows: 389 15.16.090: RECREATION PROGRAM FEES: 390 LEGISLATIVE DRAFT 18 A. The director of public landsservices and the director of community and neighborhoods, 391 with approval of the mayor, shall propose to the city council a fee schedule for recreation 392 program fees. The city council may consider including such fees on the Salt Lake City 393 consolidated fee schedule. The maximum fees charged shall be as follows: 394 1. City Special Events: The majority of special events produced or sponsored by Salt Lake 395 City shall be free to the public. These events include, but are not limited to, Bike Bonanza, 396 Friday Night Flicks, 4th Of July Celebration at Jordan Park, Fireworks for 24th Of July 397 Celebration at Liberty Park, Monster Block Party, Highland Bagpipe Experience, Salt Lake City 398 Gets Fit Online Tracking, The People's Market, and the International Culture Fest. 399 The Salt Lake City Gets Fit 5K is currently charging the admission fee shown on the Salt Lake 400 City consolidated fee schedule. The Salt Lake City Gets Fit Volleyball Tournament charges the 401 admission fee shown on the Salt Lake City consolidated fee schedule. These admission fees will 402 not exceed the amount shown on the Salt Lake City consolidated fee schedule, per person. These 403 fees represent a partial recovery of the costs to produce these events. 404 Fees for additional special events and festivals that may be produced or sponsored by Salt Lake 405 City, or held on city owned or city managed property, shall be established consistent with fees 406 for similar events as set forth in the Salt Lake City consolidated fee schedule. 407 2. Programs And Fees: 408 a. Youth And Family Programs: The youth and family recreation program fees are shown 409 on the Salt Lake City consolidated fee schedule. 410 B. The director of public landsservices and the director of community and neighborhoods, in 411 proposing fees within the limitations provided in this section, shall determine the fee based upon 412 the recoupment of costs incurred by city personnel for their time in making the reservations and 413 LEGISLATIVE DRAFT 19 in their involvement with the activity. The fees charged do not represent the payment of any 414 consideration for the use of the land, which is provided at no cost, fee, or consideration. 415 C. Refugee youth are eligible for scholarships funded by Salt Lake County. In general, 416 refugee status is a form of protection that may be granted to people who meet the definition of 417 refugee and who are of special humanitarian concern to the United States. 418 SECTION 17. Section 18.95.020 of the Salt Lake City Code, relating to definitions 419 related to use of Leed standards in city funded construction, is amended as follows: 420 18.95.020: DEFINITIONS: 421 As used in this chapter: 422 APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial, 423 multi-family residential, or municipal building that will contain more than ten thousand (10,000) 424 square feet of occupied space when the design contract for such project commences on or after 425 November 17, 2006. 426 BOARD: The board of appeals and examiners created under chapter 18.12 of this title, 427 hereinafter called "board". 428 BUILDING OFFICIAL: The director of the division of building services or the designee of the 429 director. 430 CERTIFIED: The level of compliance with the leadership in energy and environmental design 431 (LEED) standards designated as "certified" by the United States Green Building Council 432 (USGBC). 433 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to subsection 434 3.24.040A of this code or that employee's designee pursuant to section 3.24.050 of this code, or 435 any successor to those sections. 436 LEGISLATIVE DRAFT 20 CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the 437 city council for use by any person or city department in order to construct an applicable building 438 project, including, without limitation, loans, grants, and tax rebates. However, this term shall not 439 apply to the funds of the library or redevelopment agency. 440 CITY ENGINEER: The city employee designated pursuant to subsection 2.08.0802.08.050B of 441 this code or that employee's designee pursuant to section 3.24.050 of this code, or any successor 442 to those sections. 443 LEED STANDARD: The leadership in energy and environmental design (LEED) green building 444 rating system for new construction and major renovations (LEED-NC) as adopted in November 445 2002 and revised in November 2005, the LEED green building rating system for commercial 446 interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system 447 for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October 448 2004 and updated in July 2005. 449 MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it 450 with new walls, ceilings, floors and systems, when such work affects more than twenty five 451 percent (25%) of the building's square footage, and the affected space is at least ten thousand 452 (10,000) square feet or larger. 453 SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC. 454 SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further 455 described in section 18.95.110 of this chapter. 456 TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for five 457 (5) years or less or any existing building that at the time it was constructed was intended to be in 458 existence for five (5) years or less. 459 LEGISLATIVE DRAFT 21 USGBC: The organization known as the United States green building council. 460 SECTION 18. This ordinance shall take effect immediately after it has been published in 461 accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 462 10-3-713. 463 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 464 2021. 465 ____________________________ 466 CHAIRPERSON 467 ATTEST AND COUNTERSIGN: 468 469 ___________________________ 470 CITY RECORDER 471 472 Transmitted to Mayor on ______________________. 473 474 Mayor’s Action: __________ Approved. ___________ Vetoed. 475 476 477 ____________________________ 478 MAYOR 479 480 481 482 ___________________________ 483 CITY RECORDER 484 485 486 (SEAL) 487 488 489 Bill No. ______ of 2021. 490 Published: _____________________. 491 492 493 494 495 Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 1 SALT LAKE CITY ORDINANCE No. ______ of 2021 (Organizational changes) An ordinance enacting section 2.08.120 and amending Sections 2.08.050, 2.08.080, 2.26.020. 2.26.170, 2.26.210, 2.43.020, 2.43.030, 2.43.080, 2.94.040, 3.24.030, 3.32.060, 3.32.100, 15.16.031, 15.16.035, 15.16.090, and 18.95.020 of the Salt Lake City Code, relating to the department of public services, the department of public lands, and the department of community and neighborhoods. WHEREAS, the city desires to make certain organizational changes relating to the department of public services, the department of public lands, and the department of community and neighborhoods; and WHEREAS, the City Council of Salt Lake City, Utah, desires to enact section 2.08.120 and amend Sections 2.08.050, 2.08.080, 2.26.020. 2.26.170, 2.26.210, 2.43.020, 2.43.030, 2.43.080, 2.94.040, 3.24.030, 3.32.060, 3.32.100, 15.16.031, 15.16.035, 15.16.090, and 18.95.020 of the Salt Lake City Code, relating to such organizational changes. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: SECTION 1. Section 2.08.120 of the Salt Lake City Code, relating to the department of public lands, is enacted to read as follows: 2.08.120: Department of Public Lands: A. Functions: The department of public lands shall have charge of and be responsible for the division of parks; the division of golf; the division of trails and natural lands; and the division of urban forestry: 1. The general supervision, maintenance, upkeep and control of the city's parks, playgrounds, athletic fields, golf courses, and other recreational areas and facilities; 2. The city's cemetery; 2 3. Recreational activities and public event planning and special event permitting; and 4. Maintenance and upkeep of shade trees and other plantings; SECTION 2. Section 2.08.050 of the Salt Lake City Code, relating to the department of community and neighborhoods, is amended as follows: 2.08.050: DEPARTMENT OF COMMUNITY AND NEIGHBORHOODS: A. Functions: The department of community and neighborhoods shall have charge of and be responsible for: 1. Land use planning; 2. Business regulation; 3. Housing; 4. Building and housing codes 5. Transportation engineering; 6. Nonparking civil enforcement, including enforcement of snow removal; 7. Capital asset management; and 8. Division of youth and family programs. SECTION 3. Section 2.08.080 of the Salt Lake City Code, relating to the department of public services, is amended as follows: 2.08.080: DEPARTMENT OF PUBLIC SERVICES: A. Functions: The department of public services shall have charge of and be responsible for the division of fleet management, the division of facilities, the division of compliance, the division of streets, and the division of city engineering: 1. The operation of the crossing guard program; 2. The operation and maintenance of streets, parkways, sidewalks, street lighting, traffic signals, and similar public ways and facilities; 3. Maintenance and repair of all city owned buildings within the city; and 3 4. Enforcement of parking ordinances and regulations. B. City Engineer: The position of city engineer shall be assigned to the department of public services under the administrative direction of the director of public services. The city engineer shall be a registered professional engineer of the state and shall be responsible for the review, supervision and acceptance of all engineering and architectural design, and construction work required by or for the city, except as assigned in this code to other departments or offices of the city; the coordination and supervision of all construction work done within the public rights of way of the city; and the records of public improvements as prescribed by state statute. The duties may be delegated by the city engineer as deemed prudent and appropriate; such delegation may include the department of public utilities (for recording and maintaining engineering records relating to the water and sewer systems and its engineering functions) and the department of airports. SECTION 4. Section 2.26.020 of the Salt Lake City Code, relating to definitions related to urban forestry, is amended as follows: 2.26.020: DEFINITIONS: For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meanings given in this section: PARKING/PLANTING STRIP: The area between the curb and sidewalk and the area between sidewalk and private property line that is city owned property; unpaved streetside city property; or an area inside the private property line where an easement is given to the city for the purpose of planting trees. PRIVATE TREES: Any and all trees growing on private property within the city limits as of or after the effective date of the ordinance from which this section or successor sections derives and that are not defined or designated in this chapter as street trees, park trees or public trees. PUBLIC RIGHT OF WAY: A portion of property reserved for public use and accepted for such use by the city to provide circulation and travel to abutting properties, including, but not limited to, streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes, and open public spaces. PUBLIC TREES: All trees growing on any street, park, or any public place owned and/or managed by Salt Lake City as of or after the effective date of this chapter or its successor ordinances. PUBLIC UTILITY: Any public, private or cooperatively owned line, facility or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, waste or storm water, that directly or indirectly serves the public or any part thereof within the corporate limits of the city. 4 TREE TOPPING: The specific reduction in the overall size of a tree and/or the severe cutting back of branches or limbs to such a degree so as to remove the normal canopy and disfigure the tree. URBAN FORESTER: The city urban forester who is selected by the director of the department of public lands to that position in the department of public lands. URBAN FORESTRY PROGRAM: The program that is a part of the department of public lands and that is responsible for the care and maintenance of the urban forest resources located on city property. SECTION 5. Section 2.26.170 of the Salt Lake City Code, relating to the powers and duties of the urban forester, is amended as follows: 2.26.170: POWERS AND DUTIES OF URBAN FORESTER: The urban forester shall be the supervisor of the urban forestry program of the department of public lands and shall be responsible to the director of the department of public lands in carrying out the duties of this position. The urban forester shall initiate an urban forest management plan. SECTION 6. Section 2.26.210 of the Salt Lake City Code, relating to landscape permits for public right of way, is amended as follows: 2.26.210: LANDSCAPE PERMIT FOR PUBLIC RIGHT OF WAY: It is unlawful for any person to plant, prune or remove any public tree, without first obtaining a permit from the department of public lands. Permits shall not be required for work performed by city personnel. A. Planting And Maintaining Public Trees: The Salt Lake City urban forestry standards and specifications shall be used as a guideline for planting and pruning public trees. B. Removing Trees: The urban forester must approve any permit for removal of public trees and as a condition, the permittee may be required to compensate the city for the value of the tree(s) removed either by replacement thereof or by monetary assessment. C. Permit Fee: Commercial companies, public utilities or individuals employed in the landscaping or arboricultural business shall be required to pay a permit fee per job as shown on the Salt Lake City consolidated fee schedule or a permit fee per year as shown on the Salt Lake City consolidated fee schedule. SECTION 7. Section 2.43.020 of the Salt Lake City Code, relating to the purpose of the golf enterprise fund advisory board, is amended as follows: 5 2.43.020: PURPOSE: A. The mayor and the Salt Lake City council, hereinafter city council, declare it to be a policy of the city that the city be a provider of golf course facilities and golf programs in Salt Lake City, under the direction of the golf division of the department of public lands. The division shall coordinate all golf related activities funded by the city's golf enterprise fund. B. The golf division may direct, operate and maintain all golf courses maintained by Salt Lake City. C. This chapter is enacted and intended for the purpose of establishing a Salt Lake City golf enterprise fund advisory board for the general purpose of establishing criteria and guidelines for assessing the city's golf program needs, and to recommend priorities of the golf program, as well as to monitor any joint golf agreements between the city and other entities. The more specific powers and duties of the board shall be set forth in section 2.43.080 of this chapter, or its successor. SECTION 8. Section 2.43.030 of the Salt Lake City Code, relating to definitions related to the golf enterprise fund advisory board, is amended as follows: 2.43.030: DEFINITIONS: BOARD: The Salt Lake City golf enterprise fund advisory board created under this chapter. CITY: Means and refers to Salt Lake City, a municipal corporation of the state of Utah. COUNCIL: The Salt Lake City council. DIRECTOR OF THE DEPARTMENT OF PUBLIC lands: A person appointed by the mayor with the advice and consent of the council who is duly qualified and acting head of the department of public lands. FUND OR GOLF ENTERPRISE FUND: The golf enterprise fund referred to in this chapter or its successor. GOLF DIRECTOR: A person appointed by the director of the department of public lands to serve as the director of the division of golf within the department of public lands. MAYOR: The duly elected or appointed, and qualified mayor of Salt Lake City. MEMBER: A person appointed by the mayor who is duly qualified and an acting, voting member of the board. PERSON: An individual. 6 SECTION 9. Section 2.43.080 of the Salt Lake City Code, relating to the powers and duties of the golf enterprise fund advisory board, is amended as follows: 2.43.080: POWERS AND DUTIES: The board shall have the following powers and duties: A. Determine and establish such rules and regulations for the conduct of the board as the members shall deem advisable; provided, however, that such rules and regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law; B. Recommend the adoption and alteration of all rules, regulations, procedures and ordinances which it shall from time to time deem in the public interest and most likely to advance, enhance, foster, and promote activities, for the conduct of the business of, and the use and operation of golf facilities within Salt Lake City and for the purposes of carrying out the objects of this chapter; provided, however, that such rules and regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law; C. Recommend planning, establishment and approval of all construction and expansion projects for city golf programs and facilities. The approval required in this section shall be in addition to all other approval of other city departments required by law or city policy; D. Recommend broad matters of policy regarding the operation and management of city golf programs and facilities which may include, but need not be limited to, the following: 1. Expansion of city golf facilities, 2. Timing of such expansion, 3. Establishing rate structures for golf fees to the public or to any person, firm or corporation, public or private, and for leasing of space or facilities, or for granting rights, privileges or concessions at city golf facilities, and 4. Determination of the number or type of concessionaires, services, or facilities at city golf facilities; E. Review and make recommendation annually on the budget for the division of golf within the department of public lands; F. Assist the golf director in the continuing orderly development and promotion of city golf facilities in order to best serve the citizens of Salt Lake City. SECTION 10. Section 2.94.040 of the Salt Lake City Code, relating to the creation of the 7 parks, natural lands, trails, and urban forestry advisory board, is amended as follows: 2.94.040: CREATION OF BOARD: A. There is created the city parks, natural lands, trails, and urban forestry advisory board (board). The board shall be comprised of nine (9) to eleven (11) voting members. All appointments shall be made for a three (3) year term. One member of the board shall be appointed from each city council district. The remaining members of the board shall be appointed as at large members. No more than three (3) members may live outside of the Salt Lake City boundaries. B. Nominations to the board should reflect diverse community interests by seeking to find members with geographic, professional, cultural and neighborhood/community diversity. C. The board shall also include the following ex officio nonvoting members: 1. The chair of the city's transportation advisory board, or the chair's designee; 2. The chair of the community development and capital improvements board or the chair's designee; 3. The chair of the historic landmark commission or the chair's designee; and 4. The mayor or the mayor's designees. D. The board will be located and staffed in the department of public lands and will have access to and assistance from the parks director, the urban forester, the director of transportation, the trails coordinator, the city natural lands program manager, or their designees; other city departments and/or divisions; and the city attorney's office as needed. SECTION 11. Section 3.24.030 of the Salt Lake City Code, relating to definitions related to procurement, is amended as follows: 3.24.030: DEFINITIONS: As used in this chapter: BID PACKAGE: All documents, whether attached or incorporated by reference, used for soliciting sealed bids, such as a notice, bid form, form contract, specifications and similar documents. BID, PROPOSAL OR OFFER: An offer to perform. BIDDER: A person who submits a bid. 8 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to subsection 3.24.040A of this chapter, or any successor to that subsection. CITY ENGINEER: The city employee designated pursuant to subsection 2.08.080 of this code, or any successor to that subsection. CONSTRUCTION: The process of building, renovating, altering, improving or repairing any city building or public work, but does not include the routine operation or maintenance, or minor repair of, existing city property. CONSTRUCTION RELATED SUPPLIES AND SERVICES: All supplies and services put to use in the process of construction, including professional services related to construction. DIVISION: Any division of a city department, or any other agency or subdivision of the city. OFFEROR: A person who submits a proposal, a response to a request for qualifications, a quote, a bid, or any other offer or submission. OPERATIONAL SUPPLIES AND SERVICES: All supplies and services put to use in connection with managing and operating the city, including professional services. Operational supplies and services does not include construction related supplies and services. PERSON: Any individual, group of individuals, entity, group of entities, business, agency, club, committee, union or other organization or organizations, not including the city or any of its employees, officers, departments or divisions. PROCUREMENT: Buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies or services, and all related acquisition processes. PROCUREMENT OFFICIAL: The chief procurement officer or city engineer, or a city employee who is authorized to act in the capacity of a procurement official as specifically delegated in the procurement rules. PROCUREMENT RULES: The administrative rules, policies, executive orders or other rules adopted by the mayor in accordance with subsection 3.24.040A2 of this chapter, or any successor to that subsection. PROFESSIONAL SERVICES: Those services that are provided by a person skilled in the practice of a learned or technical discipline. Providers of professional services often require prolonged and specialized intellectual training and profess attainments in special knowledge as distinguished from mere skills. Disciplines may include, without limitation, accounting, auditing, architecture, court reporting, engineering, experts in a specialized field, finance, law, materials testing, medicine, planning, surveying, and others. PROPOSAL PACKAGE: All documents, whether attached or incorporated by reference, used for soliciting a proposal, response to a request for qualifications, or other proposal or offer to 9 perform city work, and may include such documents as a notice, scope of work, form contract or other documents. REQUEST FOR PROPOSALS: Soliciting to receive sealed proposals. REQUEST FOR QUALIFICATIONS: Soliciting to receive statements describing the qualifications of potential bidders or offerors. RESPONSIBLE BIDDER OR RESPONSIBLE OFFEROR: A person who has the capability in all respects to fully perform the contract requirements, and who has the integrity, capacity and reliability which will assure good faith performance. RESPONSIVE BIDDER OR RESPONSIVE OFFEROR: A person who has submitted a bid or offer that conforms in all material respects to the bid package, proposal package, or other request. SERVICES: The furnishing of labor, time, or effort by any person, and includes professional services. SUPPLIES: All property, including equipment, materials and printing, but excludes land or a permanent interest in land. SECTION 12. Section 3.32.060 of the Salt Lake City Code, relating to applications, investigations, and recommendations related to no fault golf claims, is amended as follows: 3.32.060: APPLICATION; INVESTIGATION AND RECOMMENDATION: Applications received by the city recorder shall be referred to the department of public lands for investigation and recommendation. The department's report shall be forwarded to the city attorney for determination under the criteria of this chapter. All payments authorized by the city attorney shall be made by the director of the department of public lands solely from funds to be set aside under this chapter. SECTION 13. Section 3.22.100 of the Salt Lake City Code, relating to budget expenditures related to no fault golf claims, is amended as follows: 3.32.100: BUDGET EXPENDITURE: The city department of public lands is authorized to provide for and include within its budget within the recreation fund an amount not to exceed ten thousand dollars ($10,000.00) annually from which funds may be drawn to make the foregoing payments. SECTION 14. Section 15.16.031 of the Salt Lake City Code, relating to golf courses and green fees, is amended as follows: 10 15.16.031: GOLF COURSES; GREEN FEES: A. Fees Imposed: There shall be imposed on any person playing golf at any of the city golf courses the fees shown on the Salt Lake City consolidated fee schedule. Programs and fee descriptions listed in this section shall become effective on the effective date hereof. All green fees, membership programs fees, parameters, and program time frames shall be listed on the golf program's website and posted in each city golf course clubhouse on the effective date hereof. 1. Senior And Junior Green Fees: Time frames for senior and junior green fees will be determined by the head golf course professional at each city golf course and are listed in the Salt Lake City consolidated fee schedule. Time frames are subject to change. Senior green fees and junior green fees shall not be considered discounts for purposes of this section. 2. Grandfathered Senior Season Golf Passes: In 1997, the decision was made by the Salt Lake City golf division, with the approval of the city council, to phase out the senior season pass program and to effectively grandfather the senior season pass program for qualified senior season pass holders based on their continued participation. Senior season passes for calendar years subsequent to 1997 were available solely to those individuals who had purchased calendar 1997 senior season passes on or before June 30, 1997. No other senior season passes were issued after this date. Senior season pass holders were required to renew their passes annually in order to remain eligible for a senior season pass. Any senior season pass holder who failed to renew a senior season pass for any year would not be eligible for any further senior season pass. Grandfathered senior season golf passes may not be used Fridays through Sundays, on recognized holidays, or for group reservation play. The fees pertaining to the grandfathered senior season pass program are shown on the Salt Lake City consolidated fee schedule. Grandfathered senior season golf passes shall be considered discounts for purposes of this section. 3. School Golf Teams: Green fees for school golf team special play (high school and collegiate golf teams) shall be as shown on the Salt Lake City consolidated fee schedule. Time frames for school golf team fees will be determined by the head golf course professional at each city golf course and are listed in the Salt Lake City consolidated fee schedule. Time frames are subject to change. 4. Tee Times: Green fees for advance tee time reservations (minimum 18 holes) shall be as shown on the Salt Lake City consolidated fee schedule. 5. Tee Time Cancellations: The department of public lands, with concurrence of the mayor, may set reasonable regulations with regard to amounts of refunds for cancellations and time in which cancellations must be made. 6. Membership Programs: The golf director may designate time specific membership programs designed to encourage customer loyalty and recurring play at city golf courses. 11 Golf program membership prices, parameters, and time frames are subject to change annually and are listed in the Salt Lake City consolidated fee schedule. 7. Private Lessons: Private lesson fees may be established by the individual teacher. Private lesson fees shall be approved annually by the golf director or designee. B. Golf CIP Fund: One dollar ($1.00) less sales tax per nine (9) hole round at each city golf course for all green fee types shall be allocated to a dedicated golf capital improvement fund. Nine percent (9%) of all annual pass sales shall be allocated to this fund. C. Definitions: JUNIOR: Any person age six (6) through age seventeen (17). RECOGNIZED HOLIDAYS: Memorial Day, Independence Day, Pioneer Day, and Labor Day. SENIOR: Any person age sixty (60) or older. D. Adjustment Of Programs, Fees, Or Time Frames: Subject to subsection E of this section, the director of public lands or the director's designee, with the approval of the mayor or the mayor's designee, shall have the authority, at any time, to adjust the programs, fees, or time frames listed in this section for any city golf course, if the director deems it necessary to increase the use of the golf course or to increase fee revenue. All changes to programs, fees, or time frames shall be posted immediately at the point of sale in the city golf course clubhouse and on the city golf course website. E. Prohibition On Use Of More Than One Discount Or Pass: With respect to the green fee for any round of golf, a golfer may not benefit from more than one kind of discount or pass during a single transaction. For example, a golfer participating in a membership program may not combine their membership discount with any other discount pass or promotional offer, thereby receiving multiple discounts on any given green fee. SECTION 15. Section 15.16.035 of the Salt Lake City Code, relating to golf courses and group reservations, is amended as follows: 15.16.035: GOLF COURSES; GROUP RESERVATIONS: Reservations for exclusive use of a city golf course such as for group play and outings shall be allowed in accordance with the following guidelines: A. Merchandise Fees: Additional fees above and beyond the regular green and cart fees may be added for group play at the discretion of the head golf professional at each city golf course. A per person minimum merchandise fee may be charged as shown on the Salt Lake City consolidated fee schedule. B. Green Fees: Green fees shown on the Salt Lake City consolidated fee schedule shall be charged for each participant. 12 C. Reasonable Regulations Set By Department Of Public Services: The department of public lands may set reasonable regulations with regard to: 1. How many days in advance of the date for which the facility is reserved that all reservation and green fees must be paid; 2. Amounts of refunds for cancellations and time in which cancellations must be made; 3. Rescheduling "rainouts"; 4. Minimum and maximum number of golfers; 5. Cart reservations; 6. Minimum and maximum numbers of holes to be reserved for group play; 7. Dates and times for taking group reservations; 8. City golf courses for which group reservations may be made; 9. Fees for special services requested of the city over and above services normally provided; however, such costs shall reflect actual city costs, including overhead; 10. How many group reservations a person or group can make in a single calendar year; 11. How many group reservations a person can make per request; 12. Making reservations by phone or in person. D. Adjustment Of Programs, Fees, Or Time Frames: Subject to subsection 15.16.031E of this chapter, the director of public lands or the director's designee, with the approval of the mayor or the mayor's designee, shall have the authority, at any time, to adjust the programs, fees, or time frames listed in this section for any city golf course, if the director deems it necessary to increase the use of the golf course or to increase golf course revenue. All changes to programs, fees, or time frames shall be posted immediately at the point of sale in the city golf course clubhouse and on the city golf course website. SECTION 16. Section 15.16.090 of the Salt Lake City Code, relating to recreation program fees, is amended as follows: 15.16.090: RECREATION PROGRAM FEES: A. The director of public lands and the director of community and neighborhoods, with approval of the mayor, shall propose to the city council a fee schedule for recreation 13 program fees. The city council may consider including such fees on the Salt Lake City consolidated fee schedule. The maximum fees charged shall be as follows: 1. City Special Events: The majority of special events produced or sponsored by Salt Lake City shall be free to the public. These events include, but are not limited to, Bike Bonanza, Friday Night Flicks, 4th Of July Celebration at Jordan Park, Fireworks for 24th Of July Celebration at Liberty Park, Monster Block Party, Highland Bagpipe Experience, Salt Lake City Gets Fit Online Tracking, The People's Market, and the International Culture Fest. The Salt Lake City Gets Fit 5K is currently charging the admission fee shown on the Salt Lake City consolidated fee schedule. The Salt Lake City Gets Fit Volleyball Tournament charges the admission fee shown on the Salt Lake City consolidated fee schedule. These admission fees will not exceed the amount shown on the Salt Lake City consolidated fee schedule, per person. These fees represent a partial recovery of the costs to produce these events. Fees for additional special events and festivals that may be produced or sponsored by Salt Lake City, or held on city owned or city managed property, shall be established consistent with fees for similar events as set forth in the Salt Lake City consolidated fee schedule. 2. Programs And Fees: a. Youth And Family Programs: The youth and family recreation program fees are shown on the Salt Lake City consolidated fee schedule. B. The director of public lands and the director of community and neighborhoods, in proposing fees within the limitations provided in this section, shall determine the fee based upon the recoupment of costs incurred by city personnel for their time in making the reservations and in their involvement with the activity. The fees charged do not represent the payment of any consideration for the use of the land, which is provided at no cost, fee, or consideration. C. Refugee youth are eligible for scholarships funded by Salt Lake County. In general, refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States. SECTION 17. Section 18.95.020 of the Salt Lake City Code, relating to definitions related to use of Leed standards in city funded construction, is amended as follows: 18.95.020: DEFINITIONS: As used in this chapter: APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial, multi-family residential, or municipal building that will contain more than ten thousand (10,000) 14 square feet of occupied space when the design contract for such project commences on or after November 17, 2006. BOARD: The board of appeals and examiners created under chapter 18.12 of this title, hereinafter called "board". BUILDING OFFICIAL: The director of the division of building services or the designee of the director. CERTIFIED: The level of compliance with the leadership in energy and environmental design (LEED) standards designated as "certified" by the United States Green Building Council (USGBC). CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to subsection 3.24.040A of this code or that employee's designee pursuant to section 3.24.050 of this code, or any successor to those sections. CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the city council for use by any person or city department in order to construct an applicable building project, including, without limitation, loans, grants, and tax rebates. However, this term shall not apply to the funds of the library or redevelopment agency. CITY ENGINEER: The city employee designated pursuant to subsection 2.08.080 of this code or that employee's designee pursuant to section 3.24.050 of this code, or any successor to those sections. LEED STANDARD: The leadership in energy and environmental design (LEED) green building rating system for new construction and major renovations (LEED-NC) as adopted in November 2002 and revised in November 2005, the LEED green building rating system for commercial interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October 2004 and updated in July 2005. MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it with new walls, ceilings, floors and systems, when such work affects more than twenty five percent (25%) of the building's square footage, and the affected space is at least ten thousand (10,000) square feet or larger. SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC. SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further described in section 18.95.110 of this chapter. TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for five (5) years or less or any existing building that at the time it was constructed was intended to be in existence for five (5) years or less. 15 USGBC: The organization known as the United States green building council. SECTION 18. This ordinance shall take effect immediately after it has been published in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah Code section 10-3-713. 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: _____________________. Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Boyd Ferguson Date: __________________ 5-4-21 1 7 7 6 7 TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:May 18, 2021 Items H4-H15 MOTION SHEET CITY COUNCIL of SALT LAKE CITY RE:MOTION SHEET – Resolution Salt Lake City and Library Fund budgets for FY 2021-22. MOTION: I move that the Council close the public hearings for items H4-H15 and refer to the public hearings on June 1, 2021 Staff note: The Council may close a public hearing and refer an item to another public hearing which allows an individual to provide comment on the proposed annual budget twice. This allows individuals to respond to new information and proposals as the Council's annual budget deliberations continue. 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 SALT LAKE CITY ORDINANCE No. ____ of 2021 (Adopting the City budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City, Utah for fiscal year 2021-2022) An ordinance adopting the city budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City for fiscal year 2021-2022. PREAMBLE Pursuant to the provisions of Section 10-6-111 of the Utah Code, the City Budget Officer prepared and filed with the City Council a tentative budget in proper form for all funds for which budgets are required by said law, including tentative budgets for the general fund, the library fund, special revenue funds, debt service funds and the capital improvements funds for fiscal year 2021-2022. The tentative budget was accompanied by a budget message as required by law. That tentative budget was adopted by the City Council, in Resolution No. ____ of 2021, on ______________. Section 10-6-118 of the Utah Code requires that before the 30th day of June of each fiscal year, or September 1, in case of a property tax increase under Sections 59-2-919 through 59-2- 923 of the Utah Code, the governing body shall, by resolution or ordinance, adopt a budget for the ensuing fiscal year for each fund for which a budget is required. The City budget officer has prepared a budget, in proper form, for all funds for which budgets are required by law. Section 2.52.020 of the Salt Lake City Code states in part that employment staffing documents shall be adopted as an element of the City’s budget, or otherwise, as the City Council may require. Three copies of such documents have been filed for use and examination of the public in the Office of the City Recorder whose permanent office is located at 451 South State Street, Room 415, Salt Lake City, UT 84111 but which office is temporarily located at 349 South 200 East, Salt Lake City, UT 84111. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City: SECTION 1. PURPOSE. The purpose of this ordinance is to adopt a budget, except the budget for the Library Fund which is separately adopted, for fiscal year 2021-2022, and to adopt the employment staffing documents. All conditions precedent to the adoption of the budget, which includes the employment staffing documents, have been accomplished. SECTION 2. ADOPTION OF BUDGET. The budget attached hereto and made a part of this Ordinance, shall be, and the same hereby is adopted as the budget of the City, excluding the budget for the Library Fund which is separately adopted, for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Sections 10-6-105, 10-6- 118 and 59-2-923 of the Utah Code, subject to the conditions set forth herein. The budget is subject to the approval of the Mayor and reconsideration of the City Council pursuant to Section 10-3b-204 of the Utah Code. SECTION 3. EMPLOYMENT STAFFING. The employment staffing documents, three copies of which are filed for use and examination in the Office of the City Recorder, are hereby adopted as an element of the budget, pursuant to Section 2.52.020 of the Salt Lake City Code. SECTION 4. FILING OF BUDGET. The City Budget Officer is hereby authorized and directed to certify and file copies of said budget with the State Auditor as required by Section 10- 6-118 of the Utah Code. SECTION 5. PUBLIC INSPECTION. The City Budget Officer is hereby authorized and directed to certify and file copies of the budget in the office of said Budget Officer and in the Office of the City Recorder whose permanent office is located at 451 South State Street, Room 415, Salt Lake City, UT 84111 but which office is temporarily located at 349 South 200 East, Salt Lake City, UT 84111, which budget shall be available for public inspection during regular business hours as required by Section 10-6-119 of the Utah Code. SECTION 6. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1, 2021. Passed by the City Council of Salt Lake City, Utah, this ___ day of ___________, 2021 ______________________________ CHAIRPERSON ATTEST: ______________________________ CHIEF DEPUTY CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2021. Published: ____________________. Salt Lake City Attorney’s Office Approved As To Form Date:____________________ By:_________________________ Jaysen Oldroyd Jaysen Oldroyd Item I1 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 and Sylvia Richards Budget Analysts DATE:May 18, 2021 RE: Budget Amendment Number Eight FY21 - Adoption MOTION 1 –ADOPT ORDINANCE I move that the Council adopt an ordinance amending the FY 2020-21 final budget of Salt Lake City including the employment staffing document as shown on the motion sheet. Staff note: Council Members do not need to read the individual items being approved below; they are listed for reference. A-1: Hire Lateral Class of Police Officers – ($314,899 – Fund Balance) A-2: Crisis Intervention Team (CIT) Training for Police Department – ($117,400 – General Fund $322,800 Training Holding Account) A-3: Donation to Switchpoint to Create Shelter for Low-Income Seniors and Veterans – ($2 million; – $1 million each from General Fund’s Fund Balance and Funding Our Future’s Fund Balance) I-1: (Tentative) Ranked Choice Voting (RCV) ($100,000 – $50,000 from Fund Balance and $50,000 budget created to accept external funding) MOTION 2 – NOT ADOPT I move that the Council NOT adopt and proceed to the next agenda item. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke and Sylvia Richards Budget and Policy Analysts DATE:April 20, 2021 RE: Budget Amendment Number Eight FY2021 ________________________________________________________________________________ Budget Amendment Number Eight is a small amendment with no revenue impact and proposed expenses of $2 million. The amendment includes two proposals from the Police Department to access funds set aside in the Non Departmental budget during the FY21 annual budget process. The third item is a request to provide a grant using General Fund and Funding Our Future fund balances to assist in the purchase of the Airport Inn. This amendment also includes one potential Council-added item which would impact the General Fund in the amount of $50,000. If this budget amendment is approved as requested by the Administration, with the inclusion of the Council-added item, then the amount available in Fund Balance above the 13% minimum target would be $7.2 million. There are a total of three items in Section A. The Administration has requested that this amendment be expedited. Revenues Update The Administration has provided the following information regarding City revenues: “The City is currently projecting a $1.9 million decrease in budgeted revenue (as compared to the $4.4 million decrease projected in revenue for Budget Amendment No. Seven). The largest portion of the decrease is attributed to a $1.7 million decrease in Fines and Forfeitures, a $1.7 million decrease in Parking Meter Revenues and a $978 thousand decrease in Miscellaneous Revenues. These decreases are offset by a projected net increase of $1.4 million in Licenses and Permits as well as a $1.1 million increase in Sales Tax and a $750 thousand increase in sales tax attributable to Funding Our Future revenues. The increase in Licenses and Permits is in spite of airport parking/license tax showing a decrease due to decreased travel as a result of COVID. The decrease in airport parking and licenses is $2,045,000. Innkeepers tax has also been hit hard by COVID and is projecting a decrease of $1,717,500. According to recent news reports, hotels are experiencing 30% occupancy compared to this time of year in previous years. Business licenses are also expected to be below budget due to trends for apartment units, new business license requests and business license renewal . Project Timeline: Set Date: April 20, 2021 1st Briefing: April 20, 2021 2nd Briefing (if needed): May 4, 2021 Public Hearing: May 4, 2021 Potential Action: May 18, 2021 Page | 2 1 7 7 7 3 These revenue losses are offset by gains in permits & zoning building permits (+$1.1M), plan check fees (+$1.5M), and street excavation (+$1.96M due to a temporary boost from Google contract). Fines and Forfeitures are projected below budget due to a decrease in parking ticket revenue of $750k. Justice Court fines are down $185k, while moving violations are projected wat a loss of $699k. The Justice Court is following the order of the Administrative Office of the Courts which is resulting in fewer court cases and no orders to pay fines, which are then subsequently not sent to collections and no warrants are being issued. Traffic school revenue is down $61k and vehicle booting is projected to be down $19k. Parking Meter Collection is slightly less than half of the previous fiscal year due to an overall decrease in traffic downtown. This is driving the significant decrease of $1.7 million. Additionally, Miscellaneous Revenue has also been affected by the pandemic with decreases in accounts receivable collections, special event revenue, fuel reimbursement due to the Mayor’s emergency declaration and utility reimbursement. Page | 3 1 7 7 7 3 Fund Balance Update Fund Balance remains above fifteen percent, after projected use of fund balance in the current amendment and the reduction in projected revenues. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 Section A: New Items (note: to expedite the processing of this staff report, staff has included the Administration’s descriptions from the transmittal for some of these items) A-1: Hire Lateral Class of Police Officers – ($314,899 from $2.8 million Holding Account) The Police Department is requesting budget appropriation from the holding account approved by the Council as part of the FY 21 annual budget, to hire 12 lateral officers. The Administration indicates this urgent need is to address a shortage in officers available for call response: See Attachment 1 for charts visualizing the impact of increased: - Employee separations, retirements, and resignations o 36 resignations is more than double the average in recent years o 8 separations is double the average in recent years - Leave by type and month, and o Leave time spiked in September and October, and then again in February - Calls for service o The first two months of 2021 are significantly higher than the average in recent years but slightly below call volume in January and February last year Traditionally, hiring a lateral class has not been as “recruitment” oriented as a new officer class. Currently, due to COVID restrictions, the Police Department is relying on social media and referrals to attract a pool of candidates for the proposed lateral hiring class. The Administration has stated the following: “As the Police Department looks to utilize lateral hiring in the short term, we will refocus efforts on lateral recruitment and diversity recruitment. This will include analyzing social media announcements of lateral hiring classes and messages on diversity in the workforce. We will continue to work with Human Resources and the Racial Equity in Policing (REP) Commission to identify and implement changes and improvements in recruiting which will provide for a more diverse applicant pool of officers.” See Attachment 2 for a spreadsheet provided by the Police Department that projects officer staffing levels in FY22 under two scenarios. The first scenario assumes holding 30 officer FTE positions vacant through next fiscal year and not hiring a lateral class in FY21. The result is further reductions in staffing levels averaging slightly less than 400 officers. The second scenario assumes a lateral class in FY21 and not holding any police officer FTE positions vacant in FY22. The result is a slight increase in staffing levels averaging 412 officers. The current available officers after factoring in accumulated use or lose leave time is 406 officers as of March 26, 2021. As of the same date, the Police Department has a total of 489 officers on staff of a total 569 authorized officer FTEs of which 66 are Airport Police. It’s important to note that the Department’s staffing is cyclical as employees retire or leave for other reasons. The total number of hired officers on staff and the number of available officers can change daily. The assumptions in the projections such as four officer retirements per month could be higher or lower next fiscal year. Lateral Class Hiring: Lateral officers would go through a complete background and interview process. Lateral officers have the necessary law enforcement certification from Peace Officer Standards and Training (POST). SLCPD Training Academy for SLCPD and City specific training (recommendation from the REP Commission) Field Training program – One on one training in the field. Provide for second officer on scene to handle calls for service. During field training, officers will be scheduled to attend a community council meeting in each district. The Police Department has been working closely with Human Resources to analyze the departments diversity and Page | 5 improvements that can be made. In 2020, most of the outreach and recruiting was suspended due to the pandemic and budget limitations. The table below was prepared by the Administration for the REP Commission along with a statement that the City’s demographic makeup “during the day fluctuates to include many other people that commute to work from other cities along the Wasatch Front and we hire most of our people from the same demographic. The Wasatch Front is the standard we usually compare ourselves to.” The requested funding is split between $257,311 for personnel costs and $57,533 for supplies. If the Council approves this request, then the holding account will have a remaining balance of $2,485,101. See Attachment 3 for a Racial Equity in Policing Core Commissioners letter of support for the proposed lateral class. The letter identifies implementation of REP Commission recommendations as an important factor for supporting hiring lateral officers from other law enforcement agencies. Examples of those recommendations include mandatory CIT training, Salt Lake City neighborhood specific cultural training and changes to questions asked of candidates in the Police Chief’s interviews. Policy Questions and Straw Poll Request: ➢Straw Poll – The Administration requested a straw poll if the Council supports this approach. It would allow early steps in the hiring process to begin sooner such as ➢Funding Source – The Council may wish to discuss with the Administration the proposed use of the $2.8 million holding account for this item. An alternate funding source is general fund balance. ➢Training Changes – The Council may wish to ask the Administration how will training be different for these new officers compared to past practices? The Council may wish to consider making future police funding contingent on all officers receiving CIT training and maintaining certification. ➢Response Times and Crime Types – The Council may wish to ask the Administration if data is available about response times overall and by crime type. Some public comments to the Council Office have claimed response times have gotten longer during FY21. A-2: Crisis Intervention Team (CIT) Training for Police Department– ($117,400 from $322,800 Training Holding Account) The Police Department is requesting budget appropriation from the training holding account to cover CIT training costs. The Police Department has implemented additional CIT training for all sworn officers. This additional training is in alignment with the recommendations of the Commission on Racial Equity in Policing. The Police Department has been proactive and scheduled Certification and Recertification Courses but will need overtime budget to facilitate the increase in training. The overtime will be utilized to facilitate officers attending training on overtime or paying overtime to backfill those positions for training as well as overtime for the social workers or other CIT instructors that teach the classes. The table below summarizes the status of police officer CIT training as of April 6, 2021. The Police Department offered additional CIT trainings in February and March. Figures from February show the number of officers fully certified increased from 110 to 179 in the last two months. If this funding is approved, then the Police Department anticipates three 10-hour renewal courses would be offered in May for up to 90 officers. Also, a full 40-hour academy class would be offered in May and another in June for up to 50 officers. Additional courses would be Page | 6 offered next fiscal year to allow every officer to be fully certified. Council Members have previously acknowledged that the SLCPD's form of CIT training is not identical to some other CIT models. The Police Department is requiring CIT certification for all officers. The overtime is voluntary and available to officers that are unable to attend while on duty. Additional funding for voluntary overtime is expected to increase the pace of officers becoming fully certified, or to account for potential Council budget contingencies relating to CIT training. Note these figures are as of April 6, 2021 The Police Department has its own CIT instructors which includes three officers and one sergeant. All staff in the social worker program also participate in CIT trainings. Sometimes METRO CIT also provides a social worker and detectives from West Valley City to assist. It’s important to note that the CIT instructors are also the officers that co- respond with social workers. If the Council approves this request, then the training holding account will have a remaining balance of $205,400. Policy Questions: ➢All Officers Certified Timing – The Council may wish to ask the Administration when every officer will be able to attain full CIT certification. The Council may also wish to ask the Administration if new officers will receive CIT certification as part of initial academy training or Field Training Officer (FTO). ➢# of CIT Instructors – The Council may wish to ask the Administration how the current staffing levels of CIT instructors impacts the Police Department’s ability to offer CIT trainings and ability to offer the co- responder model where officers and social workers jointly deploy to a call for service. A-3: Donation to Switchpoint to Create Shelter for Low-Income Seniors and Veterans – ($2,000,000 Total: One million each from General Fund’s Fund Balance and Funding Our Future’s Fund Balance) See Attachment 4 for Switchpoint’s original proposal to purchase the Airport Inn The Administration is proposing issuing a donation of $2,000,000 to a coalition headed by Switchpoint to assist in their purchase of the winter overflow shelter (Airport Inn at 2333 West North Temple). Switchpoint, is proposing to purchase the property for extremely low-income seniors and veterans. The public benefit analysis usually required for the City to donate funds or assets to a non-profit is satisfied by the budget amendment public hearing scheduled for May 4. Switchpoint indicates the project will provide 100 housing units, with at least 25% reserved for veterans. The monthly rent will be $415/unit. In addition to housing, Switchpoint will provide access to on site integrated treatment services for physical and behavioral health. The total cost of purchasing and refurbishing the housing units and common areas will be about $80,000 per unit, significantly below the new construction costs of about $200,000 per unit. Ongoing operating costs of the project, including professional support for needed services will be fully supported by the rent paid by our residents. Total cost is $8,500,000 including $6,500,000 to purchase, plus $2,000,000 to renovate. To date, Switchpoint has secured $1.75 million, and is working to secure additional funding from private donors and other entities. If the Council approves the request, the purchase/renovation funding gap would be $4.75 million. The proposed shelter would not be permanent supportive housing but rather transitional, extended hotel stays. This is different than single-room occupancy (SRO) or shared group living housing. The property is located within St at u s # o f Offic e rs % o f T o t al Fully Ce r t ifie d 1 7 9 3 5 % Ne e d 4 -ho u r Re c e r t ific at io n 7 8 1 5 % Ne e d 1 0 -ho u r Re ne wa l 1 2 0 2 4 % No t Ce r t ifie d / Ne e d 4 0 -ho u r CI T A c ad e my 1 3 0 2 6 % TOTA LS 5 0 7 1 0 0 % C risi s I n t e rv en t io n T e am (C I T ) T rai n i n g b y Po lic e Offic e r St at u s Page | 7 Airport Influence Zone A where residential uses are prohibited. Hotel uses are permitted in this zone if sound mitigation measures are taken (such as thicker windows). As a result, rental agreements are limited to 30 days, kitchen facilities may not be provided inside each room and on-site services may not be intensive. Switchpoint is currently in discussions with additional donors and Salt Lake County for further funding. If the project can secure full funding, then renovations are estimated to take three months. Policy Questions: ➢Purchasing Other Properties to Create Housing – The Council may wish to ask the Administration if using these funds to purchase other properties in the City to create low-income housing was or could be evaluated. Some Council Members expressed interest in purchasing blighted and/or nuisance properties and redeveloping them into affordable housing. ➢Coordination with Other Veterans Housing – The Council may wish to ask the Administration how the 25 units reserved for veterans will be coordinated with other veteran dedicated housing nearby such as Valor House, Freedom Landing and others. Additional questions sent by staff: The following questions were sent to the Administration and responses were forthcoming at the time of publishing this staff report: Is it correct that Switchpoint will own and operate the property? Are there other entities that would have an ownership stake or be involved in ongoing operations? Has the Administration (and/or Switchpoint) evaluated using these funds to purchase other properties in the City to create housing dedicated to low-income seniors and veterans? Will using these funds reduce the possibility of the City having adequate resources to purchase other properties that may serve this purpose? How will affordability to low-income seniors and veterans be ensured over the long-term? Are there legal steps Switchpoint plans to make, or that the City could require as a condition of the donation, to ensure affordability over coming decades? If Switchpoint is unable to secure full funding by the end of FY21, then would the $2 million drop to fund balance and no longer be available for the redevelopment? Section B: Grants for Existing Staff Resources Section (None) Section C: Grants for New Staff Resources Section (None) Section D: Housekeeping (None) Section E: Grants Requiring No New Staff Resources (None) Section F: Donations (None) Section G: Council Consent Agenda No. 3 – Grant Awards (None) Page | 8 Section I: Council Added Items I-1: (Tentative) Ranked Choice Voting (RCV) Public Awareness and Education Campaign ($100,000; $50,000 from Fund Balance)| This item is a placeholder in case the Council decides to approve using a ranked choice voting method for the 2021 municipal election. $50,000 of funding would come from the General Fund’s Fund Balance. A budget for another $50,000 would be created to accept funds from external sources such as the Lieutenant Governor’s Office. The Council is scheduled on April 20 at the formal meeting to consider a resolution approving the use of RCV for the 2021 municipal election. ATTACHMENTS 1. SLCPD Staffing and Calls for Service Charts 2. Projected Police Officer Staffing in FY2022 Two Scenarios 3. REP Core Commissioners Letter of Support for Lateral Class 4. Switchpoint’s original proposal to purchase the Airport Inn ACRONYMS CIT – Crisis Intervention Team FOF – Funding Our Future FTE – Full-time Employee FY – Fiscal Year GF – General Fund POST – Peace Officer Standards and Training RCV – Ranked Choice Voting REP – Racial Equity in Policing Commission SLCPD – Salt Lake City Police Department SLCPD STAFFING AND CALLS FOR SERVICE 03/01/2021 1 7 7 7 7 Separations, Retirements and Resignations Leaves Calls for Service 2 3 4 5 8 0 21 22 29 21 25 3 5 9 18 19 36 9 2016 2017 2018 2019 2020 2021 Separations Retirements Resignations SEPARATIONS, RETIREMENTS, RESIGNATIONS JANUARY 2016 - FEB 2021 0 10 20 30 40 50 60 70 80 90 100 MA R 201 9 AP R 201 9 MA Y 20 1 9 JUN 20 1 9 JUL 201 9 AU G 20 1 9 SEP 201 9 OC T 20 1 9 NO V 201 9 DE C 201 9 JAN 202 0 FEB 20 2 0 MA R 202 0 AP R 202 0 MA Y 20 2 0 JUN 20 2 0 JUL 202 0 AU G 20 2 0 SEP 202 0 OC T 20 2 0 NO V 202 0 DE C 202 0 JAN 202 1 FEB 20 2 1 ADMIN LEAVE ERPL FMLA/DLOA MILITARY PARENTAL LEAVE SHORT TERM DISABILITY WORKERS COMP TOTAL DEPARTMENT LEAVES BY MONTH 14243 14849 15198 15309 18617 18144 2016 2017 2018 2019 2020 2021 Jan & Feb 2016-2021 In January 2020 the Police Department had all sworn funded FTE's hired. Authorized 3/26/2021 7/1/2021 12/31/2021 3/31/2022 06/31/2022 Staffing #569 523 511 517 505 517 Class 11/20 Unavailable 569 88 Class 2/21 Unavailable 569 26 26 26 Hold 30 FY 21 / FY 22 569 30 30 30 30 30 Hire 12/31/2022 569 0 0 30 30 30 Hire 4/1/2022 569 00 0024 Available 569 489 477 461 475 463 Use/Lose 569 17 17 17 0 0 Less Airport 66 66 66 66 66 66 Average Staffing after use/lose 406 394 378 409 397 396.8 Total 553 541 547 535 547 Authorized 3/26/2021 7/1/2021 12/31/2021 3/31/2022 06/31/2022 Staffing #569 535 563 569 557 569 Class 11/20 569 88 0 0 0 Class 2/21 569 26 26 26 0 0 Class 7/21 569 30 30 30 30 Hold 30 FY 21 / FY 22 569 30 Hire 12/31/2022 569 30 30 30 Hire 4/1/2022 569 24 Lateral (4/21)569 12 Lateral (7/21)569 10 Available 569 489 489 483 497 485 Use/Lose 569 17 17 17 0 0 Less Airport 66 66 66 66 66 66 Average Staffing after use/lose 406 406 400 431 419 412.4 Total 569 565 563 569 557 569 *Staffing considerations: special events, National League of Cities November 2021, protests, NBA All Star Game  February 2023, calls for Service, need for overtime may not be filled On average: A class of 30 every 6 months will only add 3 fte's after 10 months of training based on an average  attrition of 4 per month and a loss of 3 during the training period FY22 budget for funding police fte's will be needed to ensure the department can continually hire replacements  for staff that is leaving in order to re‐establish and maintain the staffing levels necessary when considering that  any officer in the academy is not eligible to take calls for service. FY21: Establish budget for hiring in the current fiscal year that will allow the department to provide adequate  coverage for calls for service and major response. Holding 30 FTE in FY 22 Hiring 30 FTE in FY 22 ‐ With Lateral Hires 1 7 7 7 5 April 9, 2021 Re: Support for Salt Lake City Police Department hiring Dear Members of the City Council, We write to you as the six “core commissioners” of the Salt Lake City Commission on Racial Equity in Policing. Thank you for entrusting us with this critical role of examining the policy, budget, and culture of the Salt Lake City Police Department. We believe that it is part of our role to support Police Department initiatives that increase community safety and officer training. As such, we write in support of City administration’s request in Budget Amendment No. 8 for two police-related items. Both of these items provide an opportunity to enact some of the Racial Equity in Policing Commission’s recommendations to the City: •Funding to hire a lateral class of 12 police officers to replace officers lost through retirements and resignations. As we discussed, this hiring will provide an opportunity to introduce our recommendation that officers receive neighborhood-specific cultural training. We also appreciate Chief Brown’s suggestion that we provide specific questions we would like him to ask in the Chief’s interviews of candidates. If the Council approves this request, we look forward to following up on these specific parameters of the hiring. •Funding to complete Crisis Intervention Training for the department. It is essential that officers receive CIT not only during their initial academy training, but on an ongoing, annual basis. Dealing with people in crisis is an everyday occurrence for police officers, and they must have the support to best handle the situation and prevent further harm to all involved, including themselves. Both of these initiatives will improve community safety and wellbeing. We support these requests and respectfully urge you to support them as well. Thank you for your service, Rev. France Davis Nicole Salazar-Hall Moises Prospero Verona Sagato-Mauga Kamaal Ahmad Darlene McDonald 1 7 7 7 4 Airport Inn Purchase Proposal 2333 W North Temple Salt Lake City, UT 84116 Summary: An unusual combination of real estate market dynamics and federal stimulus money has provided a unique opportunity to create a safe and welcoming environment for seniors and veterans in Salt Lake City. We propose to purchase and refurbish the Airport Inn as a Vertical Tiny Home neighborhood, creating a community within the larger Salt Lake City community. This project will still be operated as a hotel/motel for zoning requirements. The community will provide 100 units of housing for seniors and veterans on extremely low incomes. At least 25% of the units will be reserved for veterans. Monthly rent will be $415 per unit. In addition to housing, we will provide on site access to integrated treatment services for physical and behavioral health. We will also provide veterans health services through a collaborative relationship already in place with Brighton Health Care a subsidiary of Avalon Health. The total cost of purchasing and refurbishing the housing units and common areas will be about $80,000 per unit, significantly below the new construction costs of about $200,000 per unit. Ongoing operating costs of the project, including professional support for needed services will be fully supported by the rent paid by our residents. Request: To purchase and refurbish the Airport Inn as 100 units of housing for senior citizens 55 years old or older, and veterans, on extremely low fixed incomes. Cost: $8,500,000 - $6,500,000 to purchase, plus $2,000,000 to renovate. To date- Dell Loy Hansen Family Foundation has committed $1,500,000- Episcopal Church $250,000 and we are waiting for confirmation on another $500,000 from a donor. Salt Lake County has also been notified that this project needs funding and we are awaiting an answer from Mike Gallegos on the amount. Advance Planning: We have already met with leaders from the City of Salt Lake and received approval to move forward. We have worked with attorneys regarding zoning and the airport overlay. It was determined that if there is no change to the services provided, no changes in zoning are needed at this time. The leases offered will be on a month-to-month basis as extended stay hotel. We have already collaborated with the Division of Mental Health and Veteran Health Services to provide support services through the Airport facility. 1 7 7 7 4 Results: We will get the most vulnerable population (as observed in the temporary winter shelters) into affordable housing with wrap around services to provide a healthy, safe, community environment. CITY COUNCIL TRANSMITTAL ___________________________________ Date Received: ________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 9, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer SUBJECT: Budget Amendment #8 SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 DOCUMENT TYPE: Budget Amendment Ordinance RECOMMENDATION: The Administration recommends that, subsequent to a public hearing, the City Council adopt the following amendments to the FY 2020 – 21 adopted budget. BUDGET IMPACT: REVENUE EXPENSE GENERAL FUND $ 0.00 $ 2,000,000.00 TOTAL $ 0.00 $ 2,000,000.00 Lisa Shaffer (Apr 9, 2021 17:55 MDT) 4/9/2021 4/9/2021 BACKGROUND/DISCUSSION: Revenue for FY 2020-21 Budget Adjustments The Fiscal Year 2021 projections are coming in below budgeted revenues. The following chart shows a current projection of General Fund Revenue for fiscal year 2021. The City is currently projecting a $1.9 million decrease in budgeted revenue. The largest portion of the decrease is attributed to a $1.7 million decrease in Fines and Forfeitures, a $1.7 million decrease in Parking Meter Revenues and a $978 thousand decrease in Miscellaneous Revenues. These decreases are offset by a projected net increase of $1.4 million in Licenses and Permits as well as a $1.1 million increase in Sales Tax and a $750 thousand increase in sales tax attributable to Funding Our Future revenues. The increase in Licenses and Permits is in spite of airport parking/license tax showing a decrease due to decreased travel as a result of COVID. The decrease in airport parking and licenses is $2,045,000. Innkeepers tax has also been hit hard by COVID and is projecting a decrease of $1,717,500. According to the local news, hotels are experiencing 30% occupancy compared to this time of year in previous years. Business license are also expected to be below budget due to trends for apartment units, new business license and renew business licenses. FY20-21 Variance Annual Revised Favorable Revenue Budget Forecast (Unfavorable) Property Taxes 111,418,455 111,418,455 - Sales and Use Tax 67,999,593 69,146,260 1,146,667 Franchise Tax 26,812,125 26,702,018 (110,107) PILOT Taxes 1,508,894 1,508,894 - TOTAL TAXES 207,739,067 208,775,627 1,036,560 License and Permits 28,601,482 30,071,777 1,470,295 Intergovernmental 4,444,400 4,146,157 (298,243) Interest Income 1,900,682 1,700,000 (200,682) Fines & Forfeiture 3,938,848 2,210,747 (1,728,101) Parking Meter Collection 3,432,962 1,705,187 (1,727,775) Charges and Services 4,428,069 4,219,771 (208,298) Miscellaneous Revenue 4,014,037 3,036,282 (977,755) Interfund Reimbursement 20,281,706 20,268,706 (13,000) Transfers 9,507,812 9,507,812 - TOTAL W/OUT SPECIAL TAX 288,289,065 285,642,067 (2,646,998) Sales and Use Tax - 1/2 cent 32,797,506 33,547,506 750,000 Sales and Use Tax - County Option - - - TOTAL GENERAL FUND 321,086,571 319,189,573 (1,896,998) These losses are offset by gains in permits & zoning building permits (+$1.1M), plan check fees (+$1.5M), and street excavation (+$1.96M due to a temporary boost from Google contract). Fines and Forfeitures are projected below budget due to a decrease in p arking ticket revenue of $750k. Justice Court fines are down $185k, while moving violations are projected wat a loss of $699k. The Justice Court is following the order of the Administrative Office of the Courts which is resulting in fewer court cases and no orders to pay fines, which are then subsequently not sent to collections and no warrants are being issued. Traffic school revenu e is down $61k and vehicle booting is projected to be down $19k. Parking Meter Collection is slightly less than half of the previous fiscal year due to an overall decrease in traffic downtown. This is driving the significant decrease of $1.7 million. Additionally, Miscellaneous Revenue has also been affected by the pandemic with decreases in accounts receivable collections, special event revenue, fuel reimbursement due to the Mayor’s emergency declaration and utility reimbursement. Given the available information fund balance would be projected as follows: City Fund Balance remains above fifteen percent, after projected use of fund balance in the current amendment and the reduction in projected revenues. 2019 Actual FOF GF Only TOTAL FOF GF Only TOTAL Beginning Fund Balance 56,104,269 10,372,054 69,441,955 79,814,009 6,625,050 82,617,126 89,242,176 Budgeted Change in Fund Balance (380,025) - (1,510,094) (1,510,094) 2,924,682 (7,810,302) (4,885,620) Prior Year Encumbrances (8,731,774) (3,105,004) (6,566,830) (9,671,834) (3,733,743) (6,165,453) (9,899,196) Estimated Beginning Fund Balance 46,992,470 7,267,050 61,365,031 68,632,081 5,815,989 68,641,371 74,457,360 Beginning Fund Balance Percent 14.57%18.17%20.64%20.35%17.34%23.69%23.03% Year End CAFR Adjustments Revenue Changes - - - - - - - Expense Changes (Prepaids, Receivable, Etc.) (3,701,982) - (4,127,838) (4,127,838) - (5,676,583) (5,676,583) Fund Balance w/ CAFR Changes 43,290,488 7,267,050 57,237,193 64,504,243 5,815,989 62,964,788 68,780,777 Final Fund Balance Percent 13.42%18.17%19.26%19.13%17.34%21.74%21.28% Budget Amendment Use of Fund Balance (1,858,647) (2,300,000) (13,070,734) (15,370,734) BA#1 Revenue Adjustment - - - BA#1 Expense Adjustment - - - BA#2 Revenue Adjustment - - - BA#2 Expense Adjustment - (288,488) (288,488) BA#3 Revenue Adjustment - - - BA#3 Expense Adjustment - (6,239,940) (6,239,940) BA#4 Revenue Adjustment - - - BA#4 Expense Adjustment - - - BA#5 Revenue Adjustment - (242,788) (242,788) BA#5 Expense Adjustment - (2,783,685) (2,783,685) BA#6 Revenue Adjustment - - - BA#6 Expense Adjustment - (63,673) (63,673) BA#7 Revenue Adjustment - 540,744 540,744 BA#7 Expense Adjustment - (6,582,824) (6,582,824) BA#8 Revenue Adjustment - - - BA#8 Expense Adjustment (1,000,000) (1,000,000) (2,000,000) Change in Revenue 3,149,980 758,000 6,069,370 6,827,370 750,000 (2,646,998) (1,896,998) Fund Balance Budgeted Increase 2,500,000 900,000 - 900,000 - - - - Adjusted Fund Balance 47,081,821 6,625,050 50,235,829 56,860,879 5,565,989 43,657,136 49,223,125 Adjusted Fund Balance Percent 14.60%16.56%16.90%16.86%16.59%15.07%15.23% Projected Revenue 322,562,293 40,000,000 297,251,407 337,251,407 33,547,506 289,692,711 323,240,217 2021 Projection2020 Projection Fund Balance Projections The Administration is requesting a budget amendment with no revenue impact and expense of $2,000,000.00. The amendment proposes changes in the General Fund only with $2,000,000.00 from the General Fund balance, $1,000,000.00 is from Funding Our Future Housing. The proposal includes three total initiatives for Council review. The amendment includes two proposals from the Police Department to access funds set aside in the Non Departmental budget during the budget process. The final proposal is a request to provide a grant using General Fund and Funding Our Future fund balance to provide a grant to assist in the purchase of the Airport Inn. A summary spreadsheet document, outlining proposed budget changes is attached. The Administration requests this document be modified based on the decisions of the Council. The budget opening is separated in eight different categories: A. New Budget Items B. Grants for Existing Staff Resources C. Grants for New Staff Resources D. Housekeeping Items E. Grants Requiring No New Staff Resources F. Donations G. Council Consent Agenda Grant Awards I. Council Added Items PUBLIC PROCESS: Public Hearing SALT LAKE CITY ORDINANCE No. ______ of 2021 Eighth amendment to the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2020-2021) An Ordinance Amending Salt Lake City Ordinance No. 27 of 2020 which adopted the Final Budget of Salt Lake City, Utah, for the Fiscal Year Beginning July 1, 2020 and Ending June 30, 2021. In June of 2020, the Salt Lake City Council adopted the final budget of Salt Lake City, Utah, including the employment staffing document, effective for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-118 of the Utah Code. The City’s Budget Director, acting as the City’s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, including the amendments to the employment staffing document necessary to effectuate the staffing changes specifically stated herein, copies of which are attached hereto, for consideration by the City Council and inspection by the public. All conditions precedent to amend said budget, including the employment staffing document as provided above, have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this Ordinance is to amend the final budget of Salt Lake City, including the employment staffing document, as approved, ratified and finalized by Salt Lake City Ordinance No. 27 of 2020. SECTION 2. Adoption of Amendments. The budget amendments, including amendments to the employment staffing document necessary to effectuate the staffing changes 2 specifically stated herein, attached hereto and made a part of this Ordinance shall be, and the same hereby are adopted and incorporated into the budget of Salt Lake City, Utah, including the amendments to the employment staffing document described above, for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-128 of the Utah Code. SECTION 3. Filing of copies of the Budget Amendments. The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments, including amendments to the employment staffing document, in the office of said Budget Officer and in the office of the City Recorder which amendments shall be available for public inspection. SECTION 4. Effective Date. This Ordinance shall take effect upon adoption. Passed by the City Council of Salt Lake City, Utah, this _____ day of __________, 2021. ________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________ Mayor’s Action: ____ Approved ____ Vetoed _________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _________ of 2021. Published: ___________________. Salt Lake City Attorney’s Office Approved As To Form _________________________ Jaysen Oldroyd Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 Lateral Class GF - 314,899.00 Ongoing - 1 Lateral Class GF (314,899.00)Ongoing - 2 CIT Training GF 117,400.00 One-time - 2 CIT Training GF (117,400.00)One-time - 3 Switchpoint Donation GF 2,000,000.00 One-time - Fiscal Year 2020-21 Budget Amendment #8 Council ApprovedAdministration Proposed Section A: New Items Section C: Grants for New Staff Resources Section B: Grants for Existing Staff Resources 1 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Fiscal Year 2020-21 Budget Amendment #8 Council ApprovedAdministration Proposed - Section D: Housekeeping Section F: Donations Section E: Grants Requiring No New Staff Resources 2 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Fiscal Year 2020-21 Budget Amendment #8 Council ApprovedAdministration Proposed Total of Budget Amendment Items - 2,000,000.00 - - - Section I: Council Added Items Section G: Council Consent Agenda -- Grant Awards 3 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Fiscal Year 2020-21 Budget Amendment #8 Council ApprovedAdministration Proposed Total by Fund Class, Budget Amendment #8: General Fund GF - 2,000,000.00 - - - Total of Budget Amendment Items - 2,000,000.00 - - - 4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Fiscal Year 2020-21 Budget Amendment #8 Council ApprovedAdministration Proposed Current Year Budget Summary, provided for information only FY 2020-21 Budget, Including Budget Amendments FY 2020-21 Adopted Budget BA #1 Total BA #2 Total BA #3 Total BA #4 Total BA #5 Total BA #6 Total BA #7 Total BA #8 Total Total To-Date General Fund (FC 10)326,130,003 288,487.58 6,184,940.00 2,783,685.00 63,673.00 6,582,824.00 2,000,000.00 344,033,613 Curb and Gutter (FC 20)3,000 3,000 DEA Task Force Fund (FC 41)1,763,746 1,763,746 Misc Special Service Districts (FC 46)1,550,000 1,550,000 Street Lighting Enterprise (FC 48)5,379,697 1,500.00 5,038.00 5,386,235 Water Fund (FC 51)126,333,193 296,750.00 1,543,238.00 128,173,181 Sewer Fund (FC 52)212,638,399 108,500.00 241,206.00 212,988,105 Storm Water Fund (FC 53)17,961,860 32,650.00 67,282.00 18,061,792 Airport Fund (FC 54,55,56)302,311,600 - 520,000.00 38,956,452.00 859,674.00 342,647,726 Refuse Fund (FC 57)16,515,438 53,200.00 2,742,500.00 128,084.00 19,439,222 Golf Fund (FC 59)8,484,897 23,667.00 8,508,564 E-911 Fund (FC 60)3,789,270 3,789,270 Fleet Fund (FC 61)19,209,271 93,000.00 97,612.00 19,399,883 IMS Fund (FC 65)18,289,687 237,000.00 453,399.00 93,766.00 19,073,852 County Quarter Cent Sales Tax for Transportation (FC 69) 7,571,945 1,876.00 7,573,821 CDBG Operating Fund (FC 71)3,509,164 3,063,849.00 6,573,013 Miscellaneous Grants (FC 72)8,261,044 716,764.00 5,925,738.42 5,925,738.00 7,818,505.00 750,000.00 11,223,292.00 40,621,081 Other Special Revenue (FC 73)- 520,150.00 520,150 Donation Fund (FC 77)2,380,172 2,380,172 Housing Loans & Trust (FC 78)23,248,016 - 23,248,016 Debt Service Fund (FC 81)37,519,401 (3,858,955.00) 33,660,446 CIP Fund (FC 83, 84 & 86)24,420,242 36,435,000.00 1,293,732.00 1,361,866.14 63,510,840 Governmental Immunity (FC 85)2,855,203 5,296.00 2,860,499 Risk Fund (FC 87)51,409,025 14,350.00 3,836.00 51,427,211 - Total of Budget Amendment Items 1,221,534,273 716,764.00 7,463,826.00 45,141,392.00 5,925,738.00 49,091,934.00 2,560,804.00 22,758,707.14 2,000,000.00 1,357,193,438 Budget Manager Analyst, City Council Contingent Appropriation 5 Salt Lake City FY 2020-21 Budget Amendment #8 Initiative Number/Name Fund Amount 1 Section A: New Items A-1: Lateral Class GF $314,899.00 GF -$314,899.00 Department: Police Department / Non- Departmental Prepared By: Shellie Dietrich The Police Department is requesting budget appropriation from the holding account to hire 12 lateral officers. Lateral Class Hiring: Lateral officers would go through a complete background and interview process. Lateral officers have the necessary law enforcement certification from the Peace officer Standards and Training (POST). SLCPD Training Academy for SLCPD and City specific training Field Training program – One on one training in the field. Provide for second officer on scene to hand le calls for service During field training, officers will be scheduled to attend a community council meeting in each district. The Police Department has been working closely with Human Resources to analyze the departments diversity and improvements that can be made. In 2020, most of the outreach and recruiting was suspended due to the pandemic and budget limitations. Traditionally, hiring a lateral class has not been as recruitment oriented as a new officer class. Currently, due to COVID restrictions, the Police Department is relying on social media and referrals to attract a pool of candidates for the proposed lateral hiring class. As the Police Department looks to utilize lateral hiring in the short term, we will refocus efforts on lateral recruitment and diversity recruitment. This will include analyzing social media announcements of lateral hiring classes and messages on diversity in the workforce. We will continue to work with Human Resources and the Racial Equity in Policing (REP) Commission to identify and implement changes and improvements in recruiting which will provide for a more diverse applicant pool of officers. A-2: CIT Training GF $117,400.00 GF -$117,400.00 Department: Police Department / Non- Departmental Prepared By: Shellie Dietrich The Police Department is requesting budget appropriation from the holding account to cover CIT training costs. The Police Department has implemented additional CIT training for all sworn officers. This additional training is in alignment with the recommendations of the Commission on Racial Equity in Policing. The Police Department has been proactive and scheduled Certification and Recertification Courses but will need overtime budget to facilitate the increase in training. Th e overtime will be utilized to facilitate officers attending training on overtime or paying overtime to backfill those positions for training as well as overtime for the social workers or other CIT instructors that teach the classes. A-3: Switchpoint Donation GF 1,000,000.00 GF – FOF Housing 1,000,000.00 Department: Non-Departmental Prepared By: John Vuyk The administration is proposing issuing a donation of $2,000,000 to a coalition headed by Switchpoint to assist in their purchase of the winter overflow shelter. Switchpoint, is proposing to purchase the property for extremely low-income seniors and veterans. The community will provide 100 housing units, with at least 25% reserved for veterans. The monthly rent will be $415/unit. In addition to housing, Switchpoint will provide access to on site integrated treatment services for physical and behavioral health. The total cost of purchasing and refurbishing the housing units and common areas will be about $80,000 per unit, significantly below the new construction costs of about $2 00,000 per unit. Ongoing operating costs of the project, including professional support for needed services will be fully supported by the rent paid by our residents. Total cost is $8,500,000 including $6,500,000 to purchase, plus $2,000,000 to renovate. To date, Switchpoint has secured about $2 million, and is working to secure additional funding from private donors and other entities. Salt Lake City FY 2020-21 Budget Amendment #8 Initiative Number/Name Fund Amount 2 Section B: Grants for Existing Staff Resources Section C: Grants for New Staff Resources Section D: Housekeeping Section E: Grants Requiring No New Staff Resources Section F: Donations Section G: Consent Agenda Section I: Council Added Items Signature: Email:Garrett.Danielson@slcgov.com Item I2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 WWW.COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer, Policy Analyst DATE: May 18, 2021 RE: Zoning Map Amendment: 2058 North 2200 West from AG-2 to M-1 (Petition PLNPCM2018-00657) MOTION 1 – (adopt) I move that the Council adopt an ordinance amending the zoning map pertaining to the parcel at approximately 2058 North 2200 West from AG-2, Agricultural to M-1, Manufacturing. MOTION 2 – (reject) I move that the Council reject the ordinance. 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:May 18, 2021 RE: Zoning Map Amendment: 2058 North 2200 West from AG-2 to M-1 PLNPCM2018-00657 WRITTEN BRIEFING UPDATE At the April 6 Council written briefing, there were no Council Member questions. The following information was provided for the April 6, 2021 Council briefing. It is provided again for background purposes. MAY 4, 2021 UPDATE Prior to the July 16, 2019 meeting at which the Council was scheduled to vote on this item, the applicant requested the Council postpone voting until he and the adjacent property owner, Nathan Sainsbury, came to an agreement both parties were comfortable with. Since then the applicant purchased Mr. Sainsbury’s property at 2060 North 2200 West. The applicant intends to submit a separate rezone application for that property in the coming weeks. The applicant asked the Council to consider acting on the subject zoning map amendment now that he owns the adjacent parcel previously owned by Mr. Sainsbury. This is tentatively scheduled for May 18, 2021. PUBLIC HEARING SUMMARY Nathan Sainsbury, owner of 2060 North 2200 West, spoke at the July 9, 2019 public hearing. His property is surrounded on three sides by the property proposed to be rezoned. Mr. Sainsbury noted concerns of increased traffic and noise as well as negative impact to his property value should the surrounding property be rezoned. He was the only person to comment at the hearing. Item Schedule: Briefing: March 26, 2019 Written Briefing: May 4, 2021 Set Date: June 11, 2019 Public Hearing: July 9, 2019 Potential Action: July 16, 2019 Potential Action: May 18, 2021 Page | 2 The Council closed the public hearing and deferred action to a future Council meeting. The Council is scheduled to consider taking action July 16. BRIEFING UPDATE At the March 26, 2019 briefing, Council discussion focused primarily on impacts to the property owner at 2060 North 2200 West whose property is surrounded on three sides by the subject property. Council Member Rogers said he would like to talk with this property owner. The Council pulled the item from the consent agenda and did not schedule a public hearing to allow time for that meeting to happen. Council Member Rogers met with the 2060 North 2200 West property owner during which the owner expressed opposition to the rezone. Following the briefing Planning staff sent an email clarifying a statement about a large rezoning that happened in 2017. During the briefing it was stated the Council amended AG-2 (Agricultural) zoning to M-1 (Manufacturing) along 2200 West. The email clarified zoning was changed from BP (Business Park), not AG-2 to M-1. Parcels in the area zoned AG-2 would retain that zoning designation until property owners applied to rezone them to M-1. Since the briefing, other property owners to the east of the subject parcel submitted applications to rezone their parcels to M-1. A public hearing is scheduled for July 9, 2019. The following information was provided for the March 26, 2019 Council briefing. It is provided again for background purposes. The Council will be briefed about an ordinance to amend the zoning map for an approximately 2.68 acre parcel located at 2058 North 2200 West from AG-2 (Agricultural District) to M-1 (Light Manufacturing). This is one of five properties currently zoned AG-2 fronting on 2200 West between North Temple and 2100 North. The other parcels zoned AG-2 are 1980, 1998, 2004 and 2060 North 2200 West. With the exception of these parcels and some others adjacent to North Temple, which are zoned Mixed Use Transit Station, all other parcels along 2200 West between 2100 North and North Temple are zoned M-1. The property owner would like to change the zoning of this parcel in order to more closely align with the master plan future land use designation and to accommodate potential future commercial uses. Although no development request has been submitted, the applicant suggested to Planning staff future development could include a gas station and/or storage units, both of which are permitted uses in the M-1 zone, but not the AG-2 zone. The owner of the subject parcel at 2058 North 2200 West is in negotiations to purchase the adjacent 0.64 acre parcel at 2060 North 2200 West which is surrounded on three sides by the 2058 North parcel (shown in the image below). The owner of 2060 has not expressed concern or objection to rezoning the subject parcel. It should be noted the adjacent parcel is not part of this petition and may be the subject of a future zoning map amendment. Planning staff recommended and the Planning Commission forwarded a positive recommendation to the City Council for this rezone. Page | 3 Aerial view of subject parcel outlined in pink and adjacent parcel in yellow Goal of the briefing: To review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal and direct staff to prepare for a public hearing. POLICY QUESTION 1. Does the Council support the Planning Commission’s recommendation to adopt the proposed changes? ADDITONAL INFORMATION The Planning Commission staff report (pages 18-19 of the Administration’s transmittal) identifies two key issues. A short description of each issue and the finding is provided below for reference. Please see the Planning Commission staff report for full analysis. 1. Master Plan Recommendations The Northpoint Small Area Plan was adopted in 2000 and includes the subject property. The plan shows future land use of this area as Business Park (BP) which was consistent with zoning put in place during the citywide zoning amendment project in 1995. While the Northpoint Small Area Plan identifies this area as a Business Park, it states the BP zone should be amended to allow retail and service type businesses to support the area’s employee base. BP zoning allows retail and restaurant uses only if they are approved as part of an overall business park planned development. They are not allowed as single uses on a property, which limits feasibility of these uses in the area. Although the proposed M-1 zoning is not strictly consistent with the future land use designation in the Northpoint Small Area Plan, Planning staff believes the zoning amendment is consistent with the plan’s intent for the following reasons: Page | 4 a) The plan highlights a need for retail and services for the area’s future employees. The M-1 district allows single-tenant retail and service uses which could serve area employees. b) Uses in the M-1 district are required to be environmentally clean, light industrial. Heavy manufacturing is not allowed. c) Mitigation measures included in M-1 zoning will protect existing AG properties as noted in issue 2 below. 2. Adopted Mitigation Measures •Chapter 21A.28.020 Salt Lake City Code was previously amended to add buffer yards for properties adjacent to AG-2 and AG-5 properties. These measures were adopted to ensure adequate buffering between future commercial development on 2200 West and remaining agricultural zoning and uses. •The initial application proposed changing the current AG-2 zoning to CG (General Commercial). Planning staff encouraged the applicant to amend the initially proposed CG zoning to M-1 in order to apply mitigation measures for adjacent properties zoned AG-2. Attachment G of the Planning Commission staff report (pages 37-38 of the Administration’s transmittal) outlines standards that should be considered as the Council reviews this proposal. Planning staff found this proposal complies with all applicable standards. (Note-Planning staff found Standard 5 is not applicable as noted below.) An outline of the analysis is summarized below, please see the Planning Commission staff report for full details. 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. •Planning staff is of the opinion the proposal is consistent with the intent of the Northpoint Small Area Master Plan. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. •Proposed zone changes would support the following zoning ordinance purposes: o Protect the tax base o Foster the City’s industrial, business and residential development 3. The extent to which a proposed map amendment will affect adjacent properties. •Previous text amendments provide for larger buffer yards in the M-1 zoning district to protect existing agricultural uses. Planning staff found the current M-1 development standards appropriately buffers existing AG-2 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. •The project area is partially located in Airport Flight Path Protection Zones A and B. In the event of a conflict on uses of the property, overlay district regulations would prevail. 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, storm water drainage systems, water supplies, and wastewater and refuse collection. (Not applicable at this time.) •The proposal is only for a zoning map amendment and not tied to a development request. •Future requests would be reviewed to ensure compliance with City codes and policies. Page | 5 PUBLIC PROCESS A letter providing early notification of the proposed zoning map amendment was mailed September 19, 2018 to residents and property owners within 300 feet of the subject parcel. The Westpointe Community Council was notified via email September 19, 2018. The community council did not request a presentation or additional information from Planning staff or the applicant. A second notice was sent to residents and property owners November 19, 2018. One phone call was received by Planning staff from an abutting property owner expressing concern about encroaching M-1 zoning, but understands this is the intended zoning for 2200 West. No objections to the proposed zoning map amendment were raised by any City department. The Planning Commission held a public hearing at its November 28, 2018 meeting. No comments were received. The Planning Commission voted unanimously to forward a favorable recommendation to the City Council. JACQUELINE M. BISKUPSKI Mayor CITY COUNCIL TRANSMITTAL MIKEREBERG DEPARTMENT of COMMUNITY a11d NEIGHBORHOODS Date Received: FebVk\r:tV/;j 2.1. ZOl?f Date sent to Conncil: YVlaJC h i, rl.(J I~ TO: Salt Lake City Council Charlie Luke, Chair FROM: Mikr f~berg, Director Department of Community & Neighborhoods ttr-> STAFF CONTACT: Kelsey Lindquist, Principal Planner, 801.535.7930 or kelsey.lindquist@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission and approve the requested zoning map amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This is a request by a private land owner to amend the zoning map for the subject property from AG-2 (Agricultural District) to M-1 (Light Manufacturing). The property owner is seeking to amend the subject property to implement the future land use designations noted in the applicable Master Plan and to increase the economic viability of the subject property. M-1 (Light Manufacturing) zoning district aligns with the future anticipated use of the subject property. Additionally, the properties located to the south along 2200 West were rezoned from BP (Business Park) zoning district to M-1 (Light manufacturing) zoning district in 2017. 451 SOUTH STATE STREET, ROOM 404 P.O. Box 145486. SALT LAKE CITY, UTNI 84114-5486 WWW.SLCGOV.COM TEL 801-535-6230 FAX 801-535-6005 Aerial Image of Current Zoning The following are the purpose statements of the AG-2 (existing zoning) and M-1 (proposed zoning) districts: The purpose of the AG-2 Agricultural District is to preserve and protect agricultural uses in suitable portions of Salt Lake City on lots not less than two (2) acres. These regulations are also designed to minimize conflicts between agricultural and nonagricultural uses. This district is appropriate in areas of the City where the applicable Master Plans support this type of land use. The purpose of the M-1 Light Manufacturing District is to provide an environment for light industrial uses that produce no appreciable impact on adjacent properties, that desire a clean attractive industrial setting, and that protects nearby sensitive lands and waterways. This zone is appropriate in locations that are supported by the applicable Master Plan policies adopted by the City. This district is intended to provide areas in the City that generate employment opportunities and to promote economic development. The uses include other types of land uses that support and provide service to manufacturing and industrial sues. Safe, convenient and inviting connections that provide access to businesses from public sidewalks, bike paths and streets are necessary and to be provided in an equal way. Certain land uses are prohibited in order to preserve land for manufacturing uses and to promote the importance of nearby environmentally sensitive lands. The Northpoint Small Area Plan was adopted in 2000 and includes the subject property. The plan shows the future land use of this area as Business Park which was consistent with the zoning put in place during the citywide zoning amendment project in 1995. While the Northpoint Small Area Plan identifies the area as a Business Park, it also states that the Business Park zone should be amended to allow retail and service type of business that would support the employee base in the area. In addition to the Business Park land use designation, the Northpoint Small Area Plan also states that future business park development should be buffered from the existing agricultural properties. The buffer includes a 100 foot building setback, a 50 foot parking lot setback, and landscaping with a five foot tall berm. The buffer to protect the remaining AG properties was included in the M-1 zoning district in 2017, petition number PLNPCM2016- 00788. Since the subject property is one of five properties that front 2200 West that are currently zoned AG-2. The mitigation measures adopted in 2017 will apply to the subject parcel proposed for a zoning map amendment. The proposed zoning map amendment complies with the listed standards found in 21A.50.050. PUBLIC PROCESS: The following is a list public process for the proposed amendment: • September 18, 2018: Provided a notice of application to the Westpoint Community Council. • November 20, 2018: One phone call was received from an abutting property within the AG-2 zoning district. The property owner had concerns over the encroaching M-1 zoning, but understands that the intended zoning for 2200 west is M-1 (Light Manufacturing). • November 28, 2018: Planning Commission meeting was held. EXHIBITS: 1. Project Chronology 2. Notice of City Council Hearing 3. Planning Commission Record a. Original Notice and Postmark b. Planning Commission Staff Report of November 28, 2018 c. PC Agenda and Minutes of November 28, 2018 4. Original Petition 5. Mailing List SALT LAKE CITY ORDINANCE No. _____ of 2019 (Amending the zoning map pertaining to property located at 2058 North 2200 West Street to rezone that property from AG-2 Agricultural District to M-1 Light Manufacturing District An ordinance amending the zoning map pertaining to property located at 2058 North 2200 West Street to rezone that property from AG-2 Agricultural District to M-1 Light Manufacturing District pursuant to Petition No. PLNPCM2018-00657. WHEREAS, the Salt Lake City Planning Commission held a public hearing on November 28, 2018 on an application submitted by Nick Smith (“Applicant”) on behalf of the owner of property located at 2058 North 2200 West Street (the “Property”) to rezone the Property from AG-2 Agricultural District to M-1 Light Manufacturing District pursuant to Petition No. PLNPCM2018-00657; and WHEREAS, at its November 28, 2018 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 the parcel located at 2058 North 2200 West Street (Parcel ID Number 08-21-226-024), and as more particularly described on Exhibit “A” attached hereto, shall be and hereby is rezoned from AG-2 Agricultural District to M-1 Light Manufacturing District. SECTION 2. Effective Date. This ordinance shall b ecome effective on the date of it s first publication. Pass ed by the City Council of Salt Lake City, Utah, thi s ___ day of _____ _ 20 19. CHAIRPERSON ATTEST AND COUNTERS IGN: CITY RECORDER Trans m itted to Mayor on __________ _ Mayor's Act ion: ___ Approved. Vetoed. --- CITY RECORDER (SEAL) Bill No. of 2019. ---- Publ ished: ------- HB_A TTY-1175223-v l -Ordi nance_Rezoni ng_2058_N_2200_ W MAYOR APPROVED AS TO FORM Salt La ke City Attorney 's Office Exhibit “A” Legal Descriptions of Parcels to be rezoned to M-1 Light Manufacturing District Parcel No. 08-21-226-024 BEG S 89°20'15" W 1309.00 FT & S 00°39'45" E 24.433 FT FR NE COR OF SEC 21, T1N, R1W, SLM; S 87°46'27" E 412.883 FT; S 00°43'56" E 337.968 FT; S 89°18'09" W 412.769 FT; N 00°39'45" W 90.457 FT; N 89°20'15" E 200.00 FT; N 00°39'45" W 140.00 FT; S 89°20'15" W 200.00 FT; N 00°39'45" W 128.567 FT TO BEG. TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. PLANNING COMMISSION a) ORIGINAL NOTICE & POSTMARK b) STAFF REPORT c) AGENDA & MINUTES 4. ORIGINAL PETITION 5. MAILING LIST 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY August 22, 2018 Petition delivered to Planning Division. August 30, 2018 Petition assigned to Kelsey Lindquist September 18, 2018 Notification sent to Chair of Westpointe Community Council, asking if they would like to have the item discussed at a meeting. September 18, 2018 Routed the proposal to other City Departments/Divisions for review and comment. November 16, 2018 Planning Commission agenda posted on the Planning Division and Utah Public meeting Notice websites. Notices mailed to property owners and tenants within 300 feet of the subject property. November 20, 2018 Public hearing notice posted on the property. 2. CITY COUNCIL PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering petition PLNPCM2018-00657 – Nick Smith, owner representative, is requesting a zoning map amendment application to amend the existing zoning of 2058 North 2200 West from AG-2 (Agricultural District) to M-1 (Light Manufacturing). The amendment is to implement the master plan zoning and to accommodate future commercial land uses. No specific site development proposal has been submitted at this time. The subject property is located within Council District 1, represented by James Rogers. 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: Room 315 City & County Building 451 South State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Kelsey Lindquist at (801) 535-7930 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at kelsey.lindquist@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 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. PLANNING COMMISSION A) ORIGINAL NOTICE & POSTMARK ORIGINAL NOTICE & POSTMARK B) STAFF REPORT PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Staff Report To: Salt Lake City Planning Commission From: Kelsey Lindquist, (801) 535-7930 Date: November 28, 2018 Re: PLNPCM2018-00657 2200 West Zoning Map Amendment Zoning Map Amendment PROPERTY ADDRESS: 2058 North 2200 West PARCEL ID: 08-21-226-024-0000 MASTER PLAN: North Point Small Area Plan ZONING DISTRICT: AG-2 (Agricultural District) REQUEST: Nick Smith, owner representative, has submitted a zoning map amendment to amend the existing AG-2 (Agricultural District) to M-1 (Light Manufacturing). The amendment is to implement the master plan zoning and to accommodate future commercial land uses. The subject property is located at 2058 North 2200 West. RECOMMENDATION: Based on the findings in the staff report, Planning Staff recommends that the zoning of the subject property located at 2058 N. 2200 W. be amended from AG-2 (Agricultural District) to M-1 (Light Manufacturing) zoning district. Based on the information in this staff report and the factors to consider for zoning map amendments, Planning Staff recommends that the Planning Commission forward a positive recommendation to the City Council regarding this proposal. ATTACHMENTS: A. Vicinity Map a. Northpoint Small Area Plan Future Land Use Map B. Site Plan C. Additional Applicant Information D. AG-2 and M-1 Allowed Uses Comparison E. Existing Conditions F. Photos of Subject Property G. Analysis of Standards H. Public Process and Comments I. City Department Comments PROJECT DESCRIPTION: This is a request by a private land owner to amend the existing AG-2 (Agricultural District) to M-1 (Light Manufacturing) zoning district. The property owner is seeking to amend the subject property to implement the future land use designations noted in the applicable master plan and to increase the economic viability of the subject property. M-1 (Light Manufacturing) zoning district aligns with the future anticipated use of the subject property. Additionally, the properties located to the south along 2200 West were rezoned from BP (Business Park) zoning district to M-1 (Light Manufacturing) zoning district in 2017. Agricultural District (AG-2) VS. Light Industrial (M-1) Zoning The following are the purpose statements of the AG-2 (existing zoning) and M-1 (proposed zoning) districts: The purpose of the AG-2 Agricultural District is to preserve and protect agricultural uses in suitable portions of Salt Lake City on lots not less than two (2) acres. These regulations are also designed to minimized conflicts between agricultural and nonagricultural uses. This district is appropriate in areas of the City where the applicable Master Plans support this type of land use. The purpose of the M-1 Light Manufacturing District is to provide an environment for light industrial uses that produce no appreciable impact on adjacent properties, that desire a clean attractive industrial setting, and that protects nearby sensitive lands and waterways. This zone is appropriate in locations that are supported by the applicable Master Plan policies adopted by the City. This district is intended to provide areas in the City that generate employment opportunities and to promote economic development. The uses include other types of land uses that support and provide service to manufacturing and industrial uses. Safe, convenient and inviting connections that provide access to businesses from public sidewalks, bike paths and streets are necessary and to be provided in an equal way. Certain land uses are prohibited in order to preserve land for manufacturing uses and to promote the importance of nearby environmentally sensitive lands. The purpose of the amendment is to facilitate future commercial land uses along the 2200 West corridor and to provide a contiguous district along 2200 West. The remaining AG-2 (Agricultural District) will be appropriately buffered with the adopted amendments that were incorporated into the M-1 Zoning District regulations. KEY ISSUES: The key issues listed below have been identified through the analysis of the project, neighbor and community input and department review comments. 1. Mater Plan Recommendations 2. Adopted Mitigation Measures Issue 1: Master Plan Recommendations The Northpoint Small Area Plan was adopted in 2000 and includes the subject property. The plan shows the future land use of this area as Business Park which was consistent with the zoning put in place during the Citywide zoning amendment project in 1995. While the Northpoint Small Area Plan identifies the area as a Business Park, it also states that the Business Park zone should be amended to allow retail and service type businesses that would support the employee base in the area. The Business Park zoning district allows retail and restaurant uses only if they are approved as part of an overall business park planned development. They are not allowed as single uses on a property, which limits the feasibility of these uses occurring in the area. In addition to the Business Park land use designation, the Northpoint Small Area Plan also states that future business park development should be buffered from the existing agricultural properties. The buffer includes a 100 foot building setback, a 50 foot parking lot setback, and landscaping with a five foot tall berm. Although the proposed Light Manufacturing zoning district is not strictly consistent with the future land use designation as stated in the Northpoint Small Area Plan, it is Staff’s opinion that the zoning amendment is consistent with the intent of the plan for the following reasons: 1. The plan highlights the need for retail and service uses to serve the future employees of the area. The Light Manufacturing district allows single-tenant retail and service uses, which would serve the employees of the area. 2. The uses allowed in the Light Manufacturing District are required to be environmentally clean, light industrial. Heavy manufacturing is not allowed in the Light Manufacturing zoning district. 3. The adopted mitigation measures to protect the existing AG properties, which is discussed in Issue 2, below. Issue 2: Adopted Mitigation Measures The petition number PLNPCM2016-00788 was an amendment to Chapter 21A.28.020: M-1 Light Manufacturing District. The amendment incorporated the addition of buffer yards for properties adjacent to AG-2 and AG-5. These mitigation measures were adopted to ensure adequate buffering between future commercial developments along 2200 West and the remaining agricultural zoning and uses. The current application initially proposed amending the AG-2 to CG (General Commercial) zoning district. Staff encouraged the applicant to amend the proposed CG (General Commercial) to M-1 (Light Manufacturing), to accommodate the mitigation measures in the M-1 (Light Manufacturing) zoning district that were adopted in 2017. The subject property is one of five properties that front 2200 West that are currently zoned AG-2. Additional, properties zoned AG-2 are located adjacent to the subject property to the east. The existing mitigation measures will be applied to the subject property, due to the proximity to AG-2 zoning. DISCUSSION: The proposal complies with the standards for zoning map amendments, see Attachment D. After analyzing the proposal and the applicable standards, Planning Staff is of the opinion that a positive recommendation should be forwarded to the City Council for this request. NEXT STEPS: The City Council has the final authority to make changes to the zoning map. The recommendation of the Planning commission for this request will be forwarded to the City Council for their review and decision. ATTACHMENT A: VICINITY MAP Northpoint Small Area Plan Future Land Use Map ATTACHMENT B: SITE PLAN ATTACHMENT C: ADDITIONAL APPLICANT INFORMATION ATTACHMENT D: AG-2 AND M-1 ALLOWED USES COMPARISON PERMITTED AND CONDITIONAL USES – AG-2 & M-1 DISTRICTS COMBINED LIST Uses AG-2 M-1 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P Adaptive reuse of a landmark site C Agricultural use P P Alcohol: Bar establishment C6,10 Brewpub P6,10 Distillery P Tavern C6,10 Winery P Ambulance services (indoor and/or outdoor) P Animal: Cremation service P Kennel P8 P13 Pet cemetery P4 P2 Pound P12,13 Raising of furbearing animals C Stockyard C12 Stable (private) P Stable (Public) P Veterinary office P Antenna, communication tower P P Antenna, communication tower, exceeding the maximum building height P C Artisan food production P Bakery, commercial P Blacksmith shop P Bottling plant P Brewery P Building materials distribution P Bus line station/terminal P Bus line yard and repair facility P12 Check cashing/payday loan business P9 Chemical manufacturing and/or storage Commercial food preparation P Community correctional facility, large C8,16 Community correctional facility, small C8,16 Community garden P P Concrete and/or asphalt manufacturing C12,13 Contractor’s yard/office P Crematorium P Daycare, nonregistered home daycare P22 P Daycare, registered home daycare or preschool P22 P Daycare center, adult P Daycare center, child P Drop forge industry Dwelling, living quarters for caretaker or security guard, limited to uses on lots 1 acre in size or larger and is accessory to principal use allowed by the zoning district P Dwelling: Assisted living facility (large) Assisted living facility (limited capacity) Assisted living facility (small) Group home (large) Group home (small) P Living quarters for caretaker or security guard Manufactured home P Mobile home Multi-family Residential support (large) Residential support (small) Rooming (boarding) house Single-family (attached) Single-family (detached) P Twin home and two-family Eleemosynary facilities Exhibition hall Equipment, heavy (rental, sales, service) P Equipment rental (indoor and/or outdoor) P Explosive manufacturing and storage Farm stand, seasonal P Financial institution with or without drive-through facility P11 Flammable liquids or gases, heating fuel distribution and storage Food processing P Gas station P Government facility P Government facility requiring special design features for security purposes P Grain elevator P12 Greenhouse P Heavy manufacturing P15 Home occupation P Hotel/motel P Impound lot P12 Incinerator, medical waste/hazardous waste Industrial assembly P Laboratory (medical, dental, optical) P Laboratory, testing P Large wind energy system C P13,14 Laundry, commercial P Light manufacturing P Limousine service P Mobile food business (operation in the public right- of-way) P Mobile food business (operation on private property) P Mobile food court P Office P Office, publishing company P Open space P P Package delivery facility P Paint manufacturing Parking: Commercial P Off site P Park and ride lot P Park and ride lot shared with existing use P Photo finishing lab P Poultry farm or processing plant Printing plant P Radio television station P Railroad, freight terminal facility C4 Railroad, repair shop P Recreation (indoor) P Recreation (outdoor) P Recycling: Collection station P Processing center (indoor) P Processing center (outdoor) C12,13,14 Refinery, petroleum products Restaurant with or without drive-through facilities P Retail goods establishment with or without drive- through facility P Retail service establishment: Electronic repair shop P Furniture repair shop P Upholstery shop P Rock, sand and gravel storage and distribution C School: Profession and vocational (with outdoor activities) P Professional and vocational (without outdoor activities) P Seminary and religious institute P Seasonal farm stand P Sexually oriented business P5 Sign painting/fabrication P Slaughterhouse Small brewery P Solar array P Storage and display (outdoor) P Storage, public (outdoor) P Store, convenience P Studio, motion picture P Taxicab facility P Tire distribution retail/wholesale P Truck freight terminal P12 Urban farm P P Utility: Building or structure P1 P Electric generation facility C3,12 Sewage treatment plant C Solid waste transfer station C12 Transmission wire, line, pipe or pole P1 P1 Vehicle: Auction P Automobile and truck repair P Automobile and truck sales and rental (including large truck) P Automobile salvage and recycling (indoor) P Automobile salvage recycling (outdoor) C12,13,14 Recreational vehicle (RV) sales and service P Truck repair (large) P Vending cart, private property P Warehouse P Welding shop P P Wholesale distribution P P Wireless telecommunications facility Woodworking mill P QUALIFYING PROVISIONS (COMBINED FROM AG-2 AND M-1) 1. See subjection 21A.02.050B of this title for utility regulations. 2. Subject to Salt Lake Valley Health Department approval. 3. Electric generating facilities shall be located within 2,640 feet of an existing 138kV or larger electric power transmission line. 4. No railroad freight terminal facility shall be located within 1 mile of a residential zoning district. 5. Pursuant to the requirements set forth in section 21A.36.140 of this title. 6. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the place worship must submit a written waiver of spacing requirement as a condition of approval. 7. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s footprint. Building additions greater than 50 percent of the building’s footprint or new office building construction are subject to a conditional building and site design review. 8. A community correctional facility is considered an institutional use and any such facility located within an airport noise overlay zone is subject to the land use and sound attenuation standards for institutional uses of the applicable airport overlay zone within chapter 21A.34 of this title. 9. No check cashing/payday loan business shall be located closer than ½ mile of other check cashing/payday loan businesses. 10. Subject to conformance with the provisions in section 21A.36.300 “Alcohol Related Establishments”, of this title. 11. Subject to conformance to the provisions in section 21A.40.060 of this title for drive-through use regulations. 12. Prohibited within 1,000feet of a single- or two-family zoning district. 13. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay District. 14. Prohibited within the Development Area of the Northwest Quadrant Overlay District. 15. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to section 21A.36.030 of this title. 16. Prohibited within ½ mile of any residential zoning district boundary and subject to section 21A.36.110 of this title. 17. When located in a building listed on the Salt Lake City Register of cultural Resources. 18. When located on an arterial street. 19. Subject to Salt Lake Valley Health Department approval. 20. In conjunction with, and within the boundaries of, a cemetery for human remains. 21. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses. 22. When approved as part of a business park planned development pursuant to the provisions of chapter 21A.55 of this title. 23. Kennels, whether within penned enclosures or within enclosed buildings, shall not be permitted within 200 feet of an existing single-family dwelling on an adjacent lot. 24. Trails and trailheads without parking lots and without directional and informational signage specific to trail usage shall be permitted. 25. Greater than 3 ambulances at location require a conditional use. 26. Maximum of 1 monopole per property and only when it is government owned and operated for public safety purposes. 27. If located on a collector or arterial street according to the Salt Lake City Transportation Master Plan – major street plan: roadway functional classification map. 28. Prohibited within 1,000 feet of a single- or two-family zoning district. 29. Occupancy shall be limited to 25 persons. 30. No large group home shall be located within 800 feet of another group home. 31. No small group home shall be located within 800 feet of another group home. 32. No large residential support shall be located within 800 feet of another residential support. 33. No small residential support shall be located within 800 feet of another residential support. 34. No eleemosynary facility shall be located within 800 feet of another eleemosynary, group home or residential support. 35. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to section 21A.36.130 of this title. 36. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to section 21A.36.030 of this title. 37. Must contain retail component for on-site foot sales. 38. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah Division of Wildlife Resources is required to obtain recommendations on siting and equipment types for all solar arrays on a particular property to mitigate impacts to wildlife. ATTACHMENT E: EXISTING CONDITIONS Uses in the Immediate Vicinity of the Property To the south of the subject property, except for 1998, 2004 and 1980 North 2200 West, all of the properties are zoned M-1 (Light Manufacturing). The properties noted above are zoned AG-2 (Agricultural District). AG-2 Agricultural District: The purpose of the AG-2 Agricultural District is to preserve and protect agricultural uses in suitable portions of Salt Lake City on lots not less than two (2) acres. These regulations are also designed to minimize conflicts between agricultural and nonagricultural uses. This district is appropriate in areas of the City where the applicable Master Plans support this type of land use. AG-2 Agricultural District Development Standards (21A.32.052) Maximum Building Height Front Yard Corner Side Yard Rear Yard Side Yard Lot Coverage Landscape Yards Buildable Area for Principal Dwelling Restrictions on Agricultural Uses Single- Family Dwellings: Thirty feet (30’) Thirty feet (30’) Thirty feet (30’) None Thirty five feet (35’) The surface coverage of the principal dwelling shall not exceed eighty percent (80%) of the buildable area for residential uses of the lot. All front and corner side yards shall be maintained as landscape yards in conformance with the requirements of chapter 21A.48 of this title. A residential structure shall not be located farther than two hundred feet (200’) from the front property line. In addition to the applicable foregoing regulations, agricultural uses shall comply with the following requirements: No feeding, grazing, or sheltering of livestock and poultry, whether within penned enclosures or within enclosed buildings, shall be permitted within fifty feet (50’) of an existing single-family dwelling on an adjacent lot. Small Group Homes: Thirty feet (30’) Thirty feet (30’) Thirty feet (30’) None Thirty five feet (35’) The surface coverage of the principal dwelling shall not exceed eighty percent (80%) of the buildable area for residential uses of the lot. All front and corner side yards shall be maintained as landscape yards in conformance with the requirements of chapter 21A.48 of this title. A residential structure shall not be located farther than two hundred feet (200’) from the front property line. Agricultural Uses: Forty five feet (45’) Thirty feet (30’) Thirty feet (30’) None Thirty five feet (35’) The surface coverage of the principal dwelling shall not exceed eighty percent (80%) of the buildable area for residential uses of the lot. All front and corner side yards shall be maintained as landscape yards in conformance with the requirements of chapter 21A.48 of this title. A residential structure shall not be located farther than two hundred feet (200’) from the front property line. Conditional Uses: Forty five feet (45’) Thirty feet (30’) Thirty feet (30’) None Thirty five feet (35’) The surface coverage of the principal dwelling shall not exceed eighty percent (80%) of the buildable All front and corner side yards shall be maintained as landscape yards in conformance with the requirements of chapter A residential structure shall not be located farther than two hundred feet (200’) from the front area for residential uses of the lot. 21A.48 of this title. property line. M-1 Light Manufacturing District: The purpose of the M-1 Light Manufacturing District is to provide an environment for light industrial uses that produce no appreciable impact on adjacent properties, that desire a clean attractive industrial setting, and that protects nearby sensitive lands and waterways. This zone is appropriate in locations that are supported by the applicable Master Plan policies adopted by the City. This district is intended to provide areas in the City that generate employment opportunities and to promote economic development. The uses include other types of land uses that support and provide service to manufacturing and industrial uses. Safe, convenient and inviting connections that provide access to businesses from public sidewalks, bike paths and streets are necessary and to be provided in an equal way. Certain land uses are prohibited in order to preserve land for manufacturing uses and to promote the importance of nearby environmentally sensitive lands. M-1 Light Manufacturing District Development Standards (21A.28.020) Minimum Lot Size Front Yard Corner Side Yard Interior Side Yard Rear Yard Additional Setback Landscape Yards Maximum Height Minimum Lot Area: ten thousand (10,000) square feet. Minimum Lot Width: Eighty feet (80’). Existing Lots: Lots legally existing as of April 12, 1995, shall be considered legal conforming lots. Fifteen feet (15’) Fifteen feet (15’) None Required. None Required. When adjacent to a lot in the AG-2 or AG-5 Zoning District, buildings or portions of buildings, shall be set back one foot (1’) beyond the required landscape buffer as required in section 21A.48.080 of this title for every one foot (1’) of building height above Front and Corner Side Yards: All required front and corner side yards shall be maintained as landscape yards in conformance with the requirements of chapter 21A.48 of this title. Buffer Yards: All lots abutting a lot in a residential district shall conform to the buffer yard requirements Distillation Column Structures; Development in AFPP Overlay District: No building shall exceed sixty five feet (65’) except that emission free distillation column structures, necessary for manufacture processing purposes, shall be permitted up to the most restrictive Federal Aviation Administration imposed minimal approach surface elevations, or one hundred twenty feet (120’) thirty feet (30’) of chapter 21A.48 of this title. Northwest Quadrant Overlay District: Properties located within the Northwest Quadrant Overlay District are subject to special landscape requirements as outlined in subsection 21A.34.140B2 of this title. maximum, whichever is less. Said approach surface elevation will be determined by the Salt Lake City Department of Airports at the proposed locations of the distillation column structure. Any proposed development in the Airport Flight Path Protection (AFPP) Overlay District, as outlined in section 21A.34.040 of this title, will require approval of the Department of Airports prior to issuance of a building permit. All proposed development within the AFPP Overlay District which exceeds fifty feet (50’) may also require site specific approval from the Federal Aviation Administration. Location Exception: In the M-1 Zoning Districts located west of the Sale City International Airport and north of Interstate 80 (I-80), buildings may exceed sixty five feet (65’) in height subject to the conditional building and site design review standards and procedures of chapter 21A.59 of this title. In no case shall any building exceed eighty five feet (85’). Railroad Offloading Structures: Cranes, lifts, and other similar offloading structures related to the operation of a railroad terminal are allowed up to eighty five feet (85’) in height and are also subject to the Airport Flight Path Protection (AFPP) Overlay District and Federal Aviation Administration (FAA) requirements. ATTACHMENT F: PHOTOS OF SUBJECT PROPERTY Photo of Subject Property Looking North East Photo of Subject Property Looking South East Photo of 2200 West Looking South Photo of Adjacent Property Looking West Photo of 2200 West Looking North ATTACHMENT G: ANALYSIS OF STANDARDS ZONING MAP AMENDMENTS 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; Complies As stated in the Key Issues section of this report, changing the zoning of the subject property to M-1 is consistent with the Northpoint Small Area Master Plan. Staff is of the opinion that the proposal is consistent with the intent of this master plan. The regulations of the M-1 zoning district were amended in 2017. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Complies Section 21A.02.030 of the Salt Lake city Code provides the Purpose and Intent of the Zoning Ordinance and states: “The purpose of this title is to promote the health, safety, morals, convenience, order, prosperity and welfare of a present and future inhabitants of Salt Lake City, to implement the adopted plans of the city, and to carry out the purposes of the municipal land use development and management act, title 10, chapter 9, of the Utah Code Annotated or its successor, and other relevant statutes.” The purpose and intent statement then provides eight additional points describing the intent of the zoning code, two of which are applicable to the rezone proposal:  Protect the tax base  Foster the city’s industrial, business and residential development. The purpose of amending the zoning of the subject property is to maximize the development potential by allowing more land uses than allowed in the current zone and expanding the development area of the lots. This is consistent with the overall purpose of the Zoning Ordinance in that it promotes the “prosperity” of the “future inhabitants of Salt Lake City.” It is also consistent with the purpose and intent points stated above. 3. The extent to which a proposed map amendment will affect adjacent properties; Complies As discussed in the Key Issues section of this report, the previous zoning amendment, PLNPCM2016-00799 and PLNPCM2016-00870, accommodated a text amendment to provide for larger buffer yards in the M-1 zoning district to protect the existing agricultural uses. Staff finds the existing M-1 development standards appropriately buffers the existing AG-2 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 Complies The project area is partially located in the Airport Flight Path Protection Zone A and B. These overlay districts provides special regulations that pertain to building height and land use. In the event that there is a conflict on a particular property, the regulations in the overlay district would prevail. 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, storm water drainage systems, water supplies, and wastewater and refuse collection. Not applicable. At this current time, this standard does not apply. The proposal is not tied directly to a development request. The applicant has suggested that future development would incorporate a gas station and/or self- storage units. However, at this time this is reviewed as a zoning map amendment. All requests for a new use would be reviewed to ensure compliance with City codes and policies. ATTACHMENT H: PUBLIC PROCESS AND COMMENTS A letter was mailed to residents and property owners within 300 of the subject property on September 19, 2018. The letter provided early notification of the proposed zoning map amendment. Additionally, early notification was emailed the Westpointe Community Council on September 19, 2018. The Westpointe Community Council did not request a presentation or additional information from staff or the applicant. Additionally, no public comments have been received. ATTACHMENT I: DEPARTMENT REVIEW COMMENTS The proposed zoning amendment was sent to the following City Departments/Divisions for review:  Building Services;  Engineering;  Public Utilities;  Transportation;  Sustainability;  Police;  And Real Estate Services. There were no objections raised by any of the City Departments. Additionally, notice was mailed to UDOT. UDOT’s response is attached. C) AGENDA & MINUTES SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building November 28, 2018, at 5:30 p.m. (The order of the items may change at the Commission’s discretion) FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m. DINNER - Dinner will be served to the Planning Commissioners a nd Staff at 5:00 p.m. in Room 126 of the City and County Building. During the dinner break, the Planning Commission may receive training on city planning related topics, including the role and function of the Planning Commission. PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326 APPROVAL OF MINUTES FOR NOVEMBER 14, 2018 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR Recognize Commissioner Emily Drown for her tenure on the Planning Commission PUBLIC HEARINGS 1. Mead Avenue Alley Vacation - James Keifert, a property owner residing at 1006 South 800 West has initiated a petition to vacate a 350 -foot alley known as Mead Avenue that is located to the north of his property between 800 West and Jeremy Street. The alley is referenced as Mead Avenue, but the City recognizes it as an alley rather than a street. The property is located within Council District 2, represented by Andrew Johnston. (Staff contact: David J. Gellner at (801-535-6107 or david.gellner@slcgov.com) Case number PLNPCM2018-00666 2. Zoning Map Amendment at Approximately 2200 West - Nick Smith, owner representative, is requesting a zoning map amendment application to amend the existing zoning of 2058 North 2200 West from AG-2 (Agricultural District) to M-1 (Light Manufacturing). The amendment is to implement the master plan zoning and to accommodate future commercial land uses. No specific site development proposal has been submitted at this time. The property is located within Council District1, represented by James Rogers. (Staff contact: Kelsey Lindquist at 801 -535-7930 or Kelsey.Lindquist@slcgov.com)Case number PLNPCM2018-00657 3. Special Exception for Additional Height at 780 E 900 South - Brett Ross, the property owner, is requesting special exception approval for additional building/wall height for a new single-family home to be constructed at 780 E. 900 South. Buildings with flat roofs in the R-2: Single and Two-Family Residential zoning districts are allowed up to 20 feet tall. Three additional feet of height is being requested to accommodate a 3-foot guardrail on top of the roof required by building code for the proposed roof deck space. The property is located in Council District 5, represented by Erin Mendenhall. (Staff contact: Lauren Parisi at 801-535-7226 or Lauren.Parisi@slcgov.com) Case number PLNPCM2018-00524 4. RR Development Planned Development - Blake Henderson, property owner, is requesting Planned Development approval to construct a 299 -unit multi-family residential development in 2 separate buildings on a property located at approximately 185 N. Redwood Rd. The applicant is requesting relief f rom the City’s Zoning Ordinance through the Planned Development process for modified corner side yard setbacks and waiver of design standards along Harold St. and the allowance of surface parking in a corner side yard. The property is located in the TSA -MUEC-T (Transit Station Area Mixed-Use Employment Center Transitional) zoning district and Council District 1, represented by James Rogers. (Staff contact: John Anderson at (801) 535-7214 or john.anderson@slcgov.com) Case Number: PLNSUB2018-00641 5. The Exchange Phase 2: Planned Development and CBSDR at Approximately 320 E 400 South - A request by Downtown SLC Partners, the developer representing the property owner, Salt Lake City Corporation, for The Exchange – a project consisting of two new buildings that will be completed in phases. The second phase of the development request is for a 5-story building with approximately 126 mixed–income units and over 2,700 square feet of retail and 30,000 square feet of incubator co - working space. The applicant is requesting modifications of some of the design standards in section 21A.37 of the zoning ordinance through the Conditional Building and Site Design Review (CBSDR) process and a Planned Development for modifications to landscaping requirements in 21A.48. The p roject is located in the TSA-UC-C (Transit Station Area Urban Center Core) zoning district in Council District 4, represented by Derek Kitchen. (Staff Contact: Amy Thompson at 801 -535-7281 or amy.thompson@slcgov.com) Case Numbers PLNPCM2018-00470 & PLNSUB2018-00434. The files for the above items are available in the Planning Division offices, room 406 of the City and County Building. Please contact the staff planner for information, Visit the Planning Division’s website at www.slcgov.com /planning for copies of the Planning Commission agendas, staff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. Planning Commission Meetings may be watched live on SLCTV Channel 17; past meetings are recorded and archived, and may be viewed at www.slctv.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, pleas e contact the Planning Office at 801-535-7757, or relay service 711. 4. ORIGINAL PETITION Zoning Amendment D Amend the text of the Zoning Ordinance ~ Amend the Zon ing Map OFFICE USE ONLY ~~v~B~ ~~12.1 Dat e Receiv ed: 2>/ 2 z./z._01~ Proj ect#: Name o r Section/s of Zoning Amendment: z 2-~o t--1 A ~s; c-ln ,..___~ .-1,- PLEASE PROVIDE THE FOLLOWING INFORMATION Addre ss of Applicant : / w 0 5 Wt2GD) LM:s-S- E-mail of Applicant: C A @ SAL-Mo.-11 ElE'CTQlL.-, COM 06 Appli ca nt's Interest in Subject Property: Qf o w ner D Contractor D Architect D Other: Name of Property Owner {if different from applicant): A M0'1. Phone: 5 Ar11c \h<2" \:Wo\ecJ ltvlt'IV10\~W ~ ~ .... ~· s. r is;,d ' ... ~le~ Smith ~quired by the project planner to ensure adequate ormation requ i red for staff anal ysis will be copied and I or engineering drawings, for the purpose s of public -\ SD\ '5 I 42:>A t:t'4 ~~ . \ 1 hiC-~S@S01lmDV\~le-<-hr 1 c.. \ F COWl µ~ WO\ V\ k fo b~ 0\ CO Vl rot c. f- \ 1· Ci'.\l\d \Vldvole-d on Moi i \~vi~ Si ~W~ ( I CONSULTATION 1nts of this applicat ion, please contact Salt Lake City nitting the application . ~IRED FEE l one acre , !per notice. ~ATURE ~orizing applicant to act as an agent will be required . Updated 7 /1/17 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; According to the Master plan and it’s map, this amendment is what the city would like to see developed in the area for the property. Also to our understanding, 3 years ago an amendment from the south end of this property all the way down to north temple was approved for M -1. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance; The intention of the city in this area is to have M-1 Zoning according to the Master Plan, and we are seeking the same M-1 zoning. 3. The extent to which a proposed map amendment will affect adjacent properties; The property interacts with AG-2 and M-1 zones. The agreement with the AG-2 zones made 3 years ago was an amendment to the verbiage in the zoning allowing a 10 ft buffer with AG-2 zone. The affects of the zone interaction was addressed and resolved then. We will design our project accordingly. 4. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Everything as far as our knowledge is in accordance with all overlays and near future overlays. 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, storm water drainage systems, water supplies, and wastewater and refuse collection. Per our DRT meeting and additional meetings with Dominion and RMP all facilities and services will be available and adequate to fit our needs. 5. MAILING LIST 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: Lisa Shaffer, Chief Administrative Officer Date Sent to Council: TO: Salt Lake City Council DATE: 4/14/2021 Amy Fowler, Chair FROM: Lisa Shaffer _____________ SUBJECT: Appointment Recommendation: Deborah Lyons as Director of the Sustainability Department STAFF CONTACTS: Lisa Shaffer, lisa.shaffer@slcgov.com Garrrett A. Danielson garrett.danielson@slcgov.com DOCUMENT TYPE: Appointment RECOMMENDATION: Following advice and consent, appoint: Deborah Lyons, Director – Sustainability Department BUDGET IMPACT: None BACKGROUND/DISCUSSION: Debbie Lyons currently serves as the Deputy Director of the City’s Sustainability Department. In this role, she works very closely with the Department director and oversees Salt Lake City’s Sustainability programs, which includes initiatives to transition our community to 100% renewable energy, reducing carbon emissions that lead to climate change, conserving resources, improving residents’ access to fresh and healthy food and reducing air pollution. She also oversees the City’s efforts to engage the community on all sustainability matters. Debbie has worked for Salt Lake City in various positions for the past 25 years. She started as an intern in the Public Services Department, assisting with the development of the first city-wide curbside recycling program and implementing the first office paper recycling program in the City and County Building. She went on to develop and coordinate implementation of the curbside compost program, collaborated with industry partners to expand glass recycling in the state, and has worked on statewide committees developing policy to improve electronic waste recycling in the State Lisa Shaffer (Apr 20, 2021 15:13 MDT) Lisa Shaffer (Apr 20, 2021 15:13 MDT) 04/20/2021 04/20/2021 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 of Utah. She spent several years serving as the Safety Manager for the Public Services Department, collaborating with Safety Managers in other departments to create city-wide safety policy and programs, while continuing to provide policy and programming support for the Waste and Recycling Division. In 2008, she was plucked from the Public Services Department to join a newly formed Sustainability Office. In this role, she continued to focus on Waste and Recycling initiatives, creating the Waste and Recycling Enforcement and Education program, developing policy to require recycling of construction and demolition waste, and city zoning requirements to facilitate recycling collection from new buildings. In this new setting, she expanded her work to include air quality, energy efficiency and renewable energy, open space and food access. In 2013 Debbie was promoted to Sustainability Program Director and tasked with leading the team, a position she has thoroughly enjoyed. Originally from West Valley City, Debbie has lived in Salt Lake City for the past 20 years, in the Avenues and Sugar House, currently residing in the Sunnyside East neighborhood. She holds a Bachelor of Science degree in Environmental and Occupational Health and Safety from Brigham Young University and is nearly finished with all of the required coursework to earn a Master’s Degree from the Harvard Extension School, focusing on Sustainability. She is married and has two teenage daughters. If she’s not at work, she can often be found walking her dogs on the trails near her house. Item L1 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: Kira Luke Policy Analyst DATE:May 18, 2021 RE: MOTION SHEET – SQF, LLC Master License Agreement for Small Cell Installation in the Right-of-Way MOTION 1 – ADOPT I move that the Council adopt an ordinance granting a Master License Agreement to SQF, LLC. MOTION 2 – NOT ADOPT I move that the Council not adopt the proposed ordinance and proceed to the next agenda item. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: SQF, LLC Master License Agreement for Small Cell Installation in the Right-of- Way STAFF CONTACT: Blake Thomas, CAN Director 801-535-7707 Shellie Finan, Real Property Manager 801-535-6447 Kimberly Chytraus, City Attorney 801-535-7683 DOCUMENT TYPE: Ordinance / Master License Agreement RECOMMENDATION: Pass an Ordinance granting the Master License Agreement with SQF, LLC for small cell installation in the right-of-way. BUDGET IMPACT: None BACKGROUND/DISCUSSION: SQF, LLC (“SQF”) has applied for a new, non-exclusive Master License Agreement (“MLA”) to access Salt Lake City rights-of way to install small cell infrastructure for wireless provider clients, which will allow a wireless carrier to increase its wireless capacity in installation areas. This MLA granted by the City will allow this small cell provider to install and maintain small cell infrastructure within the City rights-of-way, subject to conditions in the agreement and after securing specific site approvals. The MLA also requires payment for the grant of access to the City’s right-of-way. SQF and the City have negotiated the terms of the proposed MLA, attached as Exhibit “A” to the proposed Ordinance. PUBLIC PROCESS: Not Applicable EXHIBITS: Proposed Ordinance and Master License Agreement April 7, 2021 Lisa Shaffer (Apr 7, 2021 15:15 MDT) 04/07/2021 04/07/2021 SALT LAKE CITY ORDINANCE No. __ of 2021 (Granting a Master License Agreement for Wireless Facilities in the Public Way to SQF, LLC, a Delaware limited liability company) WHEREAS, SQF, LLC, a Delaware limited liability company (the “Company”) desires to install equipment to provide third party broadband wireless services within Salt Lake City, Utah (the “City”), and in connection therewith to establish a network in, under, along, over, and across present and future rights-of-way of the City, consisting of antennas, radios, and conduit, together with all necessary and desirable appurtenances, for the operation of a wireless broadband small cell network for communication services; and WHEREAS, the City, in the exercise of its police power, ownership, use or rights over and in the public rights-of-way, and pursuant to its other regulatory authority, believes it is in the best interest of the public to provide to the Company, and its successors, access rights pursuant to a non-exclusive license agreement to operate its business within the City; and WHEREAS, the City and the Company propose to enter into a Master License Agreement for Wireless Facilities in the Public Way in the substantially final form of which has been presented to the City Council at the meeting at which this Ordinance is being considered for adoption; and WHEREAS, the City desires to approve the execution and delivery of such Master License Agreement for Wireless Facilities in the Public Way and to otherwise take all actions necessary to grant the referenced rights to the Company; and WHEREAS, the City believes this Ordinance to be in the best interest of the citizens of the City. 2 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Purpose. The purpose of this Ordinance is to grant to the Company, and its successors and assigns, a non-exclusive right to use the present and future public way within and under control of the City for its business purposes, under the constraints and for the compensation enumerated in the substantially final form of the Master License Agreement for Wireless Facilities in the Public Way attached hereto as Exhibit A, and by this reference incorporated herein, as if fully set forth herein (the “Master License Agreement”). SECTION 2. Short Title. This Ordinance shall constitute the SQF, LLC Master License Agreement Ordinance. SECTION 3. Grant of Access Rights. The administration is hereby authorized to negotiate and execute the Master License Agreement reflecting the terms of this Ordinance and incorporating such other terms and agreements as recommended by the City Attorney’s Office. There is hereby granted to the Company, and its successors and assigns, in accordance with the terms and conditions of the Master License Agreement, the right and privilege, to construct, maintain and operate in, under, along, over and across the present and future rights-of-way of the City, all as more particularly described in the Master License Agreement. SECTION 4. Term. The term of the Master License Agreement is for a period of ten years from and after the recordation of the executed Master License Agreement with the Salt Lake City Recorder’s Office, with a renewal of an additional ten year term as provided therein. The Company shall pay all costs of publishing this Ordinance. 3 SECTION 5. Acceptance by Company. Within thirty (30) days after the effective date of this Ordinance, the Company shall execute the Master License Agreement; otherwise, this Ordinance and the rights granted hereunder shall be null and void. SECTION 6. No revocation or termination may be effected until the City Council shall first adopt an ordinance terminating the Master License Agreement and setting forth the reasons therefor, following not less than thirty (30) days prior written notice to the Company of the proposed date of the ordinance adoption. The Company shall have an opportunity on said ordinance adoption date to be heard upon the proposed termination. SECTION 7. This Ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, Utah, this ____ day of _______, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: _______________. Salt Lake City Attorney’s Office Approved As To Form By: _______________________ Kimberly K. Chytraus Date: __________________ January 6, 2021 EXHIBIT “A” MASTER LICENSE AGREEMENT EXHIBIT “A” MASTER LICENSE AGREEMENT MASTER LICENSE AGREEMENT FOR WIRELESS FACILITIES IN THE PUBLIC WAY THIS MASTER LICENSE AGREEMENT FOR WIRELESS FACILITIES IN THE PUBLIC WAY (this “Agreement”), dated as of its date of recordation with the Salt Lake City Recorder (the “Effective Date”), by and between SALT LAKE CITY CORPORATION, a Utah municipal corporation (the “City”), and SQF, LLC a Delaware limited liability company (including its successors and assigns, the “Company”). RECITALS A.The Company desires a non-exclusive agreement to install, at its sole cost and expense, a network of Wireless Facilities and/or structures related thereto within the boundaries of Salt Lake City, Utah, and to utilize Salt Lake City’s Public Way for such purpose, in order to provide wireless services and expand the available data transmission bandwidth for mobile devices. B.The City owns or controls such Public Way and has agreed to grant access to the Company in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration and, further, in contemplation of subsequent approval by legislative action of the City Council as hereinafter provided, the parties mutually agree as follows: ARTICLE 1 ORDINANCE 1.1 Defined Terms. All capitalized terms not otherwise defined herein have the meanings given them in Salt Lake City Code Chapter 14.056, or its successor (the “City Wireless Code”). 1.2 Ordinance. The City Council has adopted an ordinance entitled Verizon Wireless Master License Agreement Ordinance (the “Ordinance”), approving the execution of this Agreement. Execution of this Agreement constitutes the acceptance of the Ordinance by the Company. Such Ordinance is incorporated herein by reference, and made an integral part of this Agreement. 1.3 Description. The Ordinance confers upon the Company, and its successors and assigns, the non-exclusive right, privilege, and access (the “Access Rights”), subject to the terms of this Agreement, to construct, install, maintain, repair, replace, modify, relocate, remove, and operate: (i) the Wireless Facilities in approved locations in the Public Way and (ii) attach Wireless Facilities to an existing or new Structure in the Public Way, all as described in this Agreement. This Agreement does not grant to Company any interest in any property. 1.4 Term. The term of the Agreement is for a period from and after the date hereof, until 10 years from the Effective Date. If there is no default under this Agreement and Company is compliant with all applicable law, rules, and regulations, this Agreement shall be automatically extended for one additional period of 10 years. If the Company intends not to extend the term, Company shall deliver to City written notice of its intent not to extend the term prior to the expiration of the initial term. ARTICLE 2 PERMIT APPROVAL 2.1 Application and Review. (a) To locate Wireless Facilities in the Public Way or attach Wireless Facilities to an existing or new Structure in the Public Way, Company shall submit an application for a Permit to Work in the Right-of Way (a “Public Way Permit”), the form of which shall be substantially similar to the form attached hereto as Exhibit “A”; provided, the City and the Company can reasonably amend the form from time to time to comply with the City Wireless Code, subject to the Small Wireless Facilities Deployment Act pursuant to Title 54, Chapter 21 of the Utah Code, or its successor (the “State Code”) and applicable federal law. In accordance with the State Code, the Company may submit a request to review and approve multiple Wireless Facilities on the same application by attaching a list of said facilities to the application. If a Wireless Facility is approved and a Public Way Permit is granted, the license for the approved Wireless Facility shall coincide with this Agreement subject to Section 8.4. Company shall comply with the requirements of the City Wireless Code. An approved Public Way Permit shall approve the location and plans for the location of a Wireless Facility. Depending on the scope of the Company’s proposed work, Company may also need to apply for additional permits such as a traffic control permit and electrical permit. The Public Way Permit shall be reviewed as provided in the City Wireless Code, the State Code and applicable federal law. (b) Company shall be responsible for obtaining access and connection to fiber optic lines or other backhaul solutions that may be required for its Wireless Facilities. Company shall obtain a franchise from the City for the location of such fiber optic lines in the Public Way. (c) Any Company Facility that does not have an approved Public Way Permit, does not receive other required permits, or does not meet the specifications of this Agreement or the City Wireless Code, shall be deemed unauthorized. City may cause Company to remove any unauthorized facilities upon 30 days’ written notice at Company’s cost and expense, or following the 30-day period may remove such facilities and will invoice Company for the cost of such removal. ARTICLE 3 FEES 3.1 Compensation. (a) Company shall pay all fees and rates due City pursuant to the City Wireless Code (the “Small Cell Fees”). If the Company is Collocating on a Utility Pole that is owned, managed, or operated by, or on behalf of the City, Company shall pay the City an annual fee equal to $50 per Utility Pole, as may be amended in accordance with the State Code (“City Pole Rate”). Further, consistent with the City Wireless Code and the State Code, the Company shall not be charged any additional rate, fee or compensation for the right to use or occupy any Public Way because Company is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act (the “MTLT”). If Company is no longer subject to the MTLT, the Company shall compensate City for the right to use the Public Way as provided by the State Code, subject to applicable federal law. (b) Company shall also pay any reasonable fees or costs permitted by the City Wireless Code, subject to the State Code and other applicable state and federal laws, and charged by City or Structure owner and associated with any related construction or traffic control permits or similar approvals, and any other ad valorem taxes, special assessments or other lawful obligations of the Company to the City. If City is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from Company with respect to the transactions contemplated by this Agreement, then City shall bill such Tax to Company in the manner and for the amount required by law, Company shall promptly pay such billed amount of Tax to City, and City shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that City shall not bill to or otherwise attempt to collect from Company any Tax with respect to which Company has provided City with an exemption certificate or other reasonable basis for relieving City of its responsibility to collect such tax from Company. Company shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Company with respect to itself and its property. 3.2 Fee Payment. The City Pole Rate shall be paid upon the issuance of each Public Way Permit and be paid in advance annually on or before the anniversary of each Public Way Permit thereafter. There shall be no proration for any partial year. Any payment of the City Pole Rate or other Small Cell Fee, if any, paid after the due date shall incur 12 % annual interest, compounded daily from the due date until payment is received on the amount due. If Company holds over past the expiration of the applicable Public Way Permit and the applicable removal period provided herein, each of the Small Cell Fees shall increase to 200% of the most recent respective Small Cell Fees paid annually if any are being paid hereunder. Payment of a hold over fee does not extend or renew this Agreement or any Public Way Permit. ARTICLE 4 COMPANY USE OF PUBLIC WAY 4.1 Rights to Access and Use Public Way. (a) The Company shall have the right to use a portion of a Public Way in the location described in the approved Public Way Permit to locate and install Wireless Facilities on an approved Structure, subject to the terms and conditions of this Agreement. Notwithstanding anything herein to the contrary, the Company may maintain or replace its Wireless Facility with like-kind equipment of substantially similar size that is in compliance with the design standards set forth in the City Wireless Code without prior written approval of the City; provided, Company shall obtain a Public Way Permit, as required by the City Wireless Code, to authorize construction in the ROW, or a traffic control permit. (b) The rights granted to the Company herein do not include the right to excavate in, occupy or use any City park, recreational areas or other property owned by the City (or regulated by the City, such as riparian areas of water source protection areas). (c) Company shall install and maintain Wireless Facilities and Structures that it owns in a good and workmanlike manner. 4.2 Company Duty to Relocate. Whenever the City shall require the relocation or reinstallation of any of the Wireless Facilities situated within the Public Way, it shall be the obligation of the Company and at Company’s sole cost and expense, to accommodate such requirement within the reasonable time periods provided by the City and, at the latest, complete the relocation of the respective Wireless Facilities within 180 days of receipt of notice to relocate as may be reasonably necessary to meet the requirements of the City. The Company’s relocation may be required by the City for any lawful purpose, including, without limitation, the resolution of existing or anticipated conflicts or the accommodation of any conflicting uses or proposed uses of the Public Way, whether such conflicts arise in connection with a City project or a project undertaken by some other person or entity, public or private; provided, the City shall not relocate the Wireless Facilities to accommodate another wireless carrier unless required by applicable state of federal law. The City will cooperate with the Company to ensure no interference with Company’s operations (including the location of a temporary facility) and provide alternate space where available, within the Public Way. The new location shall be subject to obtaining an approved Public Way Permit. Such relocation shall be accomplished by the Company at no cost or expense to the City. In the event the relocation is or dered to accommodate the improvements of an entity other than City or Company, the cost and expense of such relocation shall be borne by such other entity. 4.3 Approval to Move Company Property; Emergency Exception. Except as provided in Section 4.2, the City shall not, without the prior written approval of the Company, intentionally alter, remove, relocate or otherwise interfere with any portion of the Wireless Facilities. Any written approval request shall be promptly reviewed (within 60 days) and processed by the Company and approval shall not be withheld, conditioned, or delayed so long as such request does not materially adversely impact the Company’s network and does not impose additional costs upon the Company. The Company may condition its approval upon its ability to install a temporary facility and issuance of a replacement Public Way Permit to provide for an alternate space. However, if it becomes necessary, in the reasonable judgment of City, to move any of the Wireless Facilities because of a fire, flood, emergency, earthquake disaster or other imminent and material threat thereof, these acts may be done by the City without prior written approval of the Company at the Company’s sole cost and expense. In the event of an emergency, the City shall use good faith efforts to contact Company’s Network Operations Center at (800) 621-2622 (“NOC”) prior to taking any action involving Company’s equipment. 4.4 Compliance with Rules and Regulations and Applicable Laws. Wireless Facilities located on, upon, over or under the Public Way shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with such lawful rules and regulations as the City may issue, subject to the State Code and other applicable state or federal laws. The Company shall acquire, and pay any fees with respect to, such permits as may be required by such rules and regulations, and the City may inspect the manner of such work and require remedies as may be necessary to assure compliance. All Wireless Facilities installed or used pursuant to this Agreement shall be used, constructed, repaired, replaced, and maintained in accordance with applicable federal, state and City laws, rules, and regulations, including without limitation environmental laws, now existing or from time to time adopted or promulgated. 4.5 Repair Damage. If during the course of work on Wireless Facilities, the Company causes damage to or alters any portion of the Public Way, Structure, or any City facilities or other public property or facilities, the Company shall (at its own cost and expense and in a manner reasonably approved by City), replace and restore such portion of the Public Way, Structure, or any City facilities or other public or private property or facilities, in accordance with applicable City ordinances, policies and regulations relating to repair work of similar character. If Company does not complete such work within a reasonable time frame set by City, the City may complete such work and bill Company for the cost and expense, to be paid within 30 days’ following the date of an invoice for such work. 4.6 Bond; Guarantee of Repairs. Company before being issued a Public Way Permit hereunder, shall provide the City with an acceptable corporate surety bond in the amounts set forth herein to guarantee faithful performance of the work authorized by any Public Way Permit granted pursuant to this Agreement and compliance by Company with the terms and conditions of the permit, applicable city ordinances, and the regulations, specifications and standards promulgated by the City relative to work in the Public Way. The bond shall be valid fora period of three years following the completion of any work by Company in the Public Way or an y repair work by Company performed pursuant to Section 4.5 above, the Company shall maintain, repair, and keep in good condition those portions of the Public Way, Structures, property, or facilities restored, repaired or replaced by Company, to the reasonable satisfaction of the City Engineer, reasonable wear and tear excepted. The total, one-time bond amount shall be $15,000 to be held by the City Engineer, and provided that the City Engineer may reasonably revise the amount of the bond as set forth in Salt Lake City Code section 14.32.070, as may be amended from time to time. 4.7 Safety Standards. The Company’s work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices in accordance with applicable safety regulations or standards imposed by law. 4.8 Inspection by the City. The Wireless Facilities shall be subject to inspection by the City to assure compliance by the Company with the terms of this Agreement. Company shall pay any actual and reasonable fees charged or costs or expenses incurred by City in connection with such inspections; provided, such inspections shall be limited to one time per calendar year . 4.9 Company’s Duty to Remove Wireless Facilities from the Public Way. (a) Subject to subsection (c) below, the Company shall remove from the Public Way all or any part of the Wireless Facilities, when one or more of the following conditions occur: (i) The Company ceases to operate such Wireless Facilities for a continuous period of 12 months, except when the cessation of service is a direct result of a natural or man-made disaster or other emergency; (ii) The construction or installation of such Wireless Facilities does not meet the requirements of this Agreement or the Public Way Permit and Company fails to cure such failure to comply within the notice and cure periods set forth in Section 8.1(b) and the City elects to terminate this Agreement or an Public Way Permit pursuant to Sections 8.2(a) or 8.2(d). (b) Upon receipt by the Company of written notice from the City setting forth one or more of the occurrences specified in subsection (a) above, the Company shall have 90 days from the date upon which said notice is received to remove such Wireless Facilities, or, in the case of subsection (a)(i), to begin operating the Wireless Facilities. (c) If Company fails to timely remove the Wireless Facilities as set forth in this Section, City may remove such facilities and bill Company for the cost and expense, to be paid within 30 days’ following the date of an invoice for such work. ARTICLE 5 POLICE POWER The City expressly reserves, and the Company expressly recognizes, the City’s right and duty to adopt, from time to time, in addition to the provisions herein contained, such o rdinances, rules and regulations as the City may deem necessary in the exercise of its police power for the protection of the health, safety and welfare of its residents and their properties. This Agreement is subject to any such ordinances, rules, and regulations. ARTICLE 6 TRANSFER OF RIGHTS 6.1 Terms of Transfer. (a) Except as provided in subsection (c) and provided that there is not an uncured default of any provision of this Agreement or Public Way Permit at the time of transfer, the Company shall not sell, transfer, lease, assign, sublet, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise make available, the Access Rights or any rights or privileges under this Agreement, (each, a “Transfer”), to a Proposed Transferee, without the prior written consent of the City. A “Proposed Transferee” means a proposed purchaser, transferee, lessee, assignee or person acquiring ownership or control of the Company. A “Person” means any individual, sole proprietorship, partnership, association or corporation, or any other form of organization, and includes any natural person. (b) For the purpose of determining whether it shall grant its consent, the City may inquire into the qualifications of the Proposed Transferee, and the Company shall assist the City in the inquiry. City may condition or deny its consent based on any or a combination of the following or similar criteria. The Proposed Transferee shall indicate by affidavit whether it or any of its principals: (i) has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (ii) has ever had a judgment entered against it in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (iii) has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a system similar to the Wireless Facilities, except that any such claims, suits or proceedings relating to insurance claims, theft or service, or employment matters need not be disclosed; (iv) is financially solvent, by submitting financial data, including financial statements, that have been audited by a certified public accountant, along with any other data that the City may reasonably require; and (v) has the financial and technical capability to enable it to maintain and operate the Wireless Facilities for the remaining term of this Agreement and is in the business of operating Facilities. In addition, Company shall provide to the City information regarding any failure by the Company to comply with any provision of this Agreement or of any applicable customer or consumer service standards promulgated or in effect in the City’s jurisdiction at any point during the term of this Agreement. (c) Notwithstanding the foregoing, the City’s consent shall not be required in connection with the following circumstances, provided that Company is not released from the obligations under this Agreement and such transferee assumes this Agreement, including subsection (d) below: (i) The Transfer from Company to an entity in which Company holds a controlling interest or to an entity which holds a controlling interest in the Company or and entity under common control with the Company, or an entity that is a successor by merger or other consolidation of the Company; (ii) any entity acquires all or substantially all of the Company’s assets in the market defined by the FCC in which the City is located; (iii) Any Transfer in trust, a mortgage, or other instrument of hypothecation of the assets of the Company, in whole or in part, to secure an indebtedness, provided that such pledge of the assets of the Company shall not impair or mitigate the Company’s responsibility and capability to meet all its obligations under this Agreement; or (iii) Interconnection, license, or use agreements pursuant to which the Wireless Facilities may be used by another entity providing telecommunication services within the City, provided that any such interconnection, license, or use agreement is subordinate to this Agreement. (d) Transfer by the Company shall not constitute a waiver or release of any rights of the City in or to its Public Way and any Transfer shall be expressly subject to the terms and conditions of this Agreement and not create any conflict with any applicable laws, rules, or regulations. (e) A Transfer of this Agreement will only be effective upon the Proposed Transferee becoming bound to this Agreement by executing an unconditional acceptance of this Agreement or other assignment, agreement or other document reasonably provided by the Company and delivered to the City. (e) As contemplated by subsection (c)(iii) above, the parties agree and acknowledge that, notwithstanding anything in this Agreement to the contrary, certain Wireless Facilities collocated on Company’s Structures in the Public Way pursuant to this Agreement may be owned and/or operated by Company’s third-party wireless carrier customers (“Carriers”) and installed and maintained by Company pursuant to license agreements between Company and such Carriers. Such license agreements shall be subordinate to this Agreement. Such Wireless Facilities shall be treated as the Company’s for all purposes under this Agreement provided that (i) Company remains responsible and liable for all performance obligations under the Agreement with respect to such Wireless Facilities; (ii) City’s sole point of contact regarding such Wireless Facilities as it relates solely to this Agreement shall be Company; and (iii) Company shall have the right to remove and relocate such Wireless Facilities pursuant to the terms of this Agreement. ARTICLE 7 COMPANY INDEMNIFICATION; INSURANCE 7.1 No City Liability. The City shall in no way be liable or responsible for any loss or damage to property, or any injury to or death of any person that may occur in the construction, operation, or maintenance by the Company of the Wireless Facilities. City will be liable only for its own conduct, subject to and without waiving any defenses, including limitation of damages, provided for in the Utah Governmental Immunity Act (Utah Code Ann. 63G-7-101, et. seq.) or successor provision. Company agrees that the Rights-of-Way are delivered in an “AS IS, WHERE IS” condition and City makes no representation or warranty regarding their condition, and disclaims all express and implied warranties, including the implied warranties of habitability and fitness for a particular purpose. 7.2 Indemnification. (a) Company shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of Company’s intentional, reckless, or negligent performance hereunder or under the Ordinance. Company’s duty to defend City shall exist regardless of whether City or Company may ultimately be found to be liable for anyone’s negligence or other conduct. If City’s tender of defense, based upon this indemnity provision, is rejected by Company, and Company is later found by a court of competent jurisdiction to have been required to indemnify City, then in addition to any other remedies City may have, Company shall pay City’s reasonable costs, expenses, and attorneys’ fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require Company to indemnify the City against the City’s own negligence or willful misconduct. The provisions of this Section 7.2 shall survive the termination or expiration of this Agreement. (b) City assumes no responsibility for any damage or loss that may occur to Company’s property, except for negligent, willful or intentional damage to the property of Company caused by City. City has no responsibility for any maintenance of Company’s equipment, or for Company’s employees. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship 7.3 Insurance. (a) The Company, at its own cost and expense, shall secure and maintain, and shall ensure that any subcontractor to the Company shall secure and maintain, during the term of this Agreement the following policies of insurance: (i) Commercial General Liability Insurance. Commercial general liability insurance with the Salt Lake City Corporation included as an additional insured as their interests may appear under this Agreement on a primary and non-contributory basis in comparison to all other insurance including City’s own policy or policies of insurance, in the amount of $2,000,000 per occurrence with a $3,000,000 general aggregate and $3,000,000 products completed operations aggregate. The policy shall protect the City and the Company from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from the Company’s operations under this Agreement. Such insurance shall provide coverage for premises operations, products and completed operations. The Company may utilize its umbrella policy to meet the required limits. (ii) Commercial Automobile Liability Insurance. Commercial automobile liability insurance to include City as an additional insured as their interests may appear under this Agreement and providing coverage for owned, hired, and non-owned automobiles used in connection with this Agreement, with a combined single limit of $2,000,000 per occurrence. The Company may utilize its umbrella policy to meet the required limits. If the policy only covers certain vehicles or types of vehicles, such as scheduled autos or only hired and non-owned autos, Company shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement. (iii) Workers’ Compensation and Employer’s Liability. Worker’s compensation with statutory limits pursuant to Utah law and employer’s liability insurance with $1,000,000 per accident/per employee disease/per policy disease. In the event any work is subcontracted, the Company shall require its subcontractor(s) similarly to provide worker’s compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law. (b) General Insurance Requirements. (i) Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (A) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (B) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to the City. (ii) All policies of insurance shall be issued by insurance companies authorized to do business in the state of Utah and either (A) Currently rated A- or better by A.M. Best Company, or (B) Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended. (iii) The Company shall furnish certificates of insurance, verifying the foregoing matters concurrent with the execution hereof and thereafter upon renewal. (iv) If any-work is subcontracted, the Company shall require its subcontractor, at no cost to the City, to secure and maintain all insurance coverages required of the Company hereunder. (v) Company shall use commercially reasonable efforts to provide City with written notice of any notice of cancellation of a policy at least 30 days prior to such cancellation, and a certificate of insurance as evidence of a successor policy complying with the requirements of this Agreement. 7.4 Damages Waiver. Notwithstanding any provision in this Agreement to the contrary, in no event shall any party be liable to any other party for indirect, special, punitive, or consequential damages, including, without limitation, lost profits. ARTICLE 8 ENFORCEMENT; TERMINATION 8.1 Company Defaults. The Company shall be in default of this Agreement in the event of any of the following: (a) The Company fails to make timely payments of the Small Cell Fees, or any other fee due to the City under the terms of this Agreement, and does not correct such failure within 30 days after its receipt of written notice of such failure. (b) The Company, by act or omission, defaults under any provision of this Agreement and such default is not cured within 30 days following written notice by City to Company, or such longer cure period as permitted by the City if the Company (i) commences corrective action during 30 days following notice of the failure, and (ii) is diligently pursuing such corrective action to completion. (c) The Company becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its Facilities are sold under an instrument to secure a debt and is not redeemed by the Company within 60 days. (d) A representative of the Company acting as an authorized representative of the Company knowingly engages in conduct or makes a material misrepresentation with or to the City, that is fraudulent or in violation of a felony criminal statute of the State of Utah . (e) Company abandons use of all Wireless Facilities for 12 consecutive months, except as otherwise provided in Section 4.9. 8.2 City Remedies. In the event of an uncured Company default, City shall maintain all it rights and remedies, at law and in equity, including the ability to charge fines, recover fees and costs, and remove the Wireless Facilities that are the subject of such default. Without limitation, City may do one or all of the following: (a) Fine Company $100 per day per non-monetary default until the non-monetary default is cured. (b) Terminate or suspend any Public Way Permit or other permits held by Company that are the subject of such default. (c) Withhold issuing any new permits to the violating party. (d) If the violation is not cured within 180 days, or such longer cure period as may be permitted by City, City may remove and impound the Wireless Facilities that are the subject of such default until the violation has been cured. (e) The City may terminate or revoke this Agreement and all rights and privileges hereunder, if there are two or more defaults in any twelve month period that affect all Wireless Facilities hereunder, or the City may terminate the specific Wireless Facility(ies) licensed hereunder in the event of a default pertaining to said Wireless Facility, if the default demonstrates a material disregard of the City’s primary use of the Public Way at the respective site(s), including threatening the health and safety of citizens. 8.3 City Defaults. In the event there is a material breach by City with respect to any of the provisions of this Agreement or its obligations under it, Company shall give City written notice of such breach. After receipt of such written notice, City shall have 30 days in which to cure any breach, provided City shall have such extended period as may be required beyond the 30 days if City commences the cure within the 30 day period and thereafter continuously and diligently pursues the cure to completion. Company may not maintain any action or effect any remedies for default against City unless and until City has failed to cure the breach within the time periods provided in this Section. In the event of an uncured default by City, Company shall maintain all its rights and remedies provided at law, however, no remedy that would have the effect of amending the provisions of this Agreement shall become effective without a formal amendment of this Agreement. 8.4 Company Termination. (a) Agreement Termination. Company may terminate this Agreement or any Public Way Permit, in its sole discretion, by giving at least 30 days’ written notice. Company shall not be subject to any penalty or fee for terminating this Agreement prior to the end of the term of the Agreement. Responsibility for Small Cell Fees shall cease upon removal of Company’s Wireless Facility(ies), subject to Section 4.9 above and following payment of the Small Cell Fees for the year during which the Company’s Facilities are removed. (b) Termination of Use. Without terminating the Agreement, by giving at least 30 days’ prior written notice, Company may terminate paying the Small Cell Fees for Wireless Facilities and/or Structures from which the Company has discontinued use and removed. City shall not provide partial reimbursement for termination of use during any partial year. ARTICLE 9 NOTICES 9.1 City Designee and Address. Unless otherwise specified herein, all notices from the Company to the City pursuant to or concerning this Agreement shall be delivered to the City at Housing and Neighborhood Development Division, Real Estate Services Manager, 451 South State Street, Room 425, P.O. Box 145460, Salt Lake City, Utah, 84114-5460, with a copy to the City Attorney, at 451 South State Street, Room 505A, P.O. Box 145478 Salt Lake City, Utah 84114-5478, and (b) such other offices as the City may designate by written notice to the Company. 9.2 Company Designee and Address. During the term of this Agreement, the Company shall maintain a registered agent on file with the Utah Division of Corporations for services of notices by mail, and an office and telephone number for the conduct of matters relating to this Agreement during normal business hours. Unless otherwise specified herein, all notices from the City to the Company pursuant to or concerning this Agreement or the Access Rights shall be delivered to: Company: SQF, LLC ATTN: Alda Licis 16 Middle Street, 4th Floor Portland, ME 04101 With Invoices to be sent to: SQF, LLC ATTN: Accounts Payable 16 Middle Street, 4th Floor Portland, ME 04101 Emergency Contact: 207-358-7467 ARTICLE 10 MISCELLANEOUS 10.1 Severability. If any section, sentence, paragraph, term or provision of this Agreement or the Ordinance is for any reason determined to be or rendered illegal, invalid, or superseded by other lawful authority including any state or federal, legislative, regulatory or administrative authority having jurisdiction thereof, or determined to be unconstitutional, illegal or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof or thereof, all of which will remain in full force and effect for the term of this Agreement and the Ordinance or any renewal or renewals thereof. 10.2 No Waiver or Estoppel. Neither the City nor the Company shall be excused from complying with any of the terms and conditions of this Agreement by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any of such terms and conditions. 10.3 Amendment Approval Required. Except as otherwise provided above, no amendment or amendments to this Agreement shall be effective until mutually agreed upon by the City and the Company and an ordinance or resolution approving such amendments is approved by the City Council, if appropriate. 10.4 Utah Governmental Records Management Act. Whenever the Company is required to deliver to the City, or make available to the City for inspection, any records of the Company, and such records are delivered to or made available to the City with a written claim of business confidentiality which meets, in the judgment of the City, the requirements of the Utah Governmental Records Management Act (“GRAMA”), such records shall be classified by the City as “protected” within the meaning of GRAMA, and shall not be disclosed by the City except as may otherwise be required by GRAMA, by court order, or by applicable City ordinance or policy. Company specifically waives any claims against City related to disclosure of any materials as required by GRAMA. 10.5 Timeliness of Approvals. Whenever either party is required by the terms of this Agreement to request the approval or consent of the other party, such request shall be acted upon at the earliest reasonable convenience of the party receiving the request, and the approval or consent so requested shall not be unreasonably denied, delayed, conditioned or withheld, and shall comply with applicable law. Time is of the essence under this Agreement. Notwithstanding the foregoing, the City shall comply with all timelines set forth in the City Wireless Code, the State Code and all applicable state and federal laws, rules, regulations and orders. By executing this Agreement, Company does not waive any right to enforce its rights and remedies under federal law. 10.6 Representation Regarding Ethical Standards for City Officers and Employees and Former City Officers and Employees. The Company represents that it has not (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 10.7 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. Venue shall reside in Salt Lake City, Utah. In the event of any conflict between this Agreement, including the exhibits, and the City Wireless Code or Ordinance as it exists on the effective date of this Agreement, this Agreement shall prevail, except as federal or state law may preempt or act to modify the City Wireless Code or Ordinance at present or in the future. 10.8 Entire Agreement. This Agreement contains all of the agreements of the parties with respect to any matter addressed in this Agreement, excluding any permits issued in connection with this Agreement, and supersedes all prior discussions, agreements or understandings pertaining to any such matters for all purposes. 10.9 Authority. Each individual executing this Agreement on behalf of the City and Company represents and warrants that such individual is duly authorized to execute and deliver this Agreement on behalf of the City or Company (as applicable). [Signatures on next page.] WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the day and year first above written. SALT LAKE CITY CORPORATION, a Utah municipal corporation Erin Mendenhall, Mayor Date: Attest and Countersign: City Recorder Date of Recordation: Approved ass To Form: Kimberly K. Chytraus, Senior City Attorney SQF, LLC By Name: Joshua Broder Title: President Date: Item L2 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: Kira Luke Policy Analyst DATE:May 18, 2021 RE: MOTION SHEET – Ordinance: SQF, LLC Telecommunication Franchise Agreement MOTION 1 – ADOPT I move that the Council adopt an ordinance granting a Telecommunication Franchise Agreement to SQF, LLC. MOTION 2 – NOT ADOPT I move that the Council not adopt the proposed ordinance and proceed to the next agenda item. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: SQF, LLC – Ordinance / Franchise Agreement STAFF CONTACT: Blake Thomas, CAN Director 801-535-7707 Shellie Finan, Real Property Manager 801-535-6447 Kimberly Chytraus, Senior City Attorney 801-535-7683 DOCUMENT TYPE: Ordinance / Franchise Agreement RECOMMENDATION: Pass the Ordinance granting the telecommunications franchise to SQF, LLC BUDGET IMPACT: None BACKGROUND/DISCUSSION: Doing business as SQF, LLC (“SQF”) is a telecommunications company, authorized to provide telecommunications services throughout the State of Utah servicing telecom providers specifically, small cell infrastructure including, but not limited to cell site front-haul and back-haul capacity using fiber optic cables. SQF wishes to obtain a new, non- exclusive franchise to provide telecommunications services within Salt Lake City. The Franchise allows SQF to place its facilities within the City rights-of-way, governed by certain conditions and after securing permits, and provides for the payment of the telecommunications tax pursuant to state statute. SQF and the City negotiated the terms of the proposed Franchise Agreement, attached as Exhibit “A”. PUBLIC PROCESS: None EXHIBITS: Proposed Ordinance and Franchise Agreement April 7, 2021 Lisa Shaffer (Apr 7, 2021 15:16 MDT) 04/07/2021 04/07/2021 SALT LAKE CITY ORDINANCE No. __ of 2021 (Granting a Telecommunication Franchise to SQF, LLC) WHEREAS, SQF, LLC, a Delaware limited liability company (the “Company”) desires to provide certain telecommunication services within Salt Lake City, Utah (the “City”), and in connection therewith to establish a network in, under, along, over, and across present and future streets, alleys and rights-of-way of the City, consisting of telecommunication lines and cables, together with all necessary and desirable appurtenances; and WHEREAS, the City, in the exercise of its police power, ownership, use or rights over and in the public rights-of-way, and pursuant to its other regulatory authority, believes it is in the best interest of the public to provide to the Company, and its successors, a non-exclusive franchise to operate its business within the City; and WHEREAS, the City and the Company propose to enter into a Franchise Agreement, the substantially final form of which has been presented to the City Council at the meeting at which this Ordinance is being considered for adoption; and WHEREAS, the City desires to approve the execution and delivery of such Franchise Agreement and to otherwise take all actions necessary to grant the referenced Franchise to the Company; and WHEREAS, the City believes this Ordinance to be in the best interest of the citizens of the City, NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Purpose. The purpose of this Franchise Ordinance is to grant to the Company, and its successors and assigns, a non-exclusive right to use the present and future streets, alleys, viaducts, bridges, roads, lanes and public way within and under control of the City for its business purposes, under the constraints and for the compensation enumerated in the Franchise Agreement attached hereto as Exhibit A, and by this reference incorporated herein, as if fully set forth herein (the “Franchise Agreement”). SECTION 2. Short Title. This Ordinance shall constitute the SQF, LLC Franchise Ordinance. SECTION 3. Grant of Franchise. There is hereby granted to the Company, and its successors and assigns, in accordance with the terms and conditions of the Franchise Agreement, the right, privilege, and franchise (collectively, the “Franchise”), to construct, maintain and operate in, under, along, over and across the present and future streets, alleys, and rights-of-way and other property of the City, all as more particularly described in the Franchise Agreement. SECTION 4. Term. The term of the Franchise is for a ten (10) year period from and after the recordation of the executed Franchise Agreement with the Salt Lake City Recorder’s Office, with a year to year automatic extension that can be terminated on at least 90 days’ written notice before the end of the existing term. The Company shall pay all costs of publishing this Ordinance. SECTION 5. Acceptance by Company. Within thirty (30) days after the effective date of this Ordinance, the Company shall execute the Franchise Agreement and return it to the City, otherwise, this Ordinance and the rights granted hereunder shall be null and void. SECTION 6. No Franchise revocation or termination may be effected until the City Council shall first adopt an ordinance terminating the Franchise and setting forth the reasons therefor, following not less than thirty (30) days prior written notice to the Company of the proposed date of the ordinance adoption. The Company shall have an opportunity on said ordinance adoption date to be heard upon the proposed termination. SECTION 7. This Ordinance shall take effect immediately upon publication. [Signatures on Following Page.] Passed by the City Council of Salt Lake City, Utah, this ____ day of _______, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: _______________. Salt Lake City Attorney’s Office Approved As To Form By: __________________________ Kimberly K. Chytraus Date: ________________________ January 6, 2021 EXHIBIT “A” FRANCHISE AGREEMENT EXHIBIT “A” FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT (this “Agreement”), dated as of its date of recordation with the Salt Lake City Recorder, by and between SALT LAKE CITY CORPORATION, a Utah municipal corporation (the “City”), and SQF, LLC, a Delaware limited liability company (the “Company”). RECITALS A. The Company desires a non-exclusive franchise to provide telecommunication services to residents, businesses, and other customers within the boundaries of Salt Lake City, Utah, and to utilize City rights-of-way for such purpose. B. The City considers it to be in the best interests of the City, and in furtherance of the health, safety, and welfare of the public, to grant such franchise to the Company, and in connection therewith desires to authorize the use of City rights-of-way in accordance with the provisions of this Agreement, and all applicable City ordinances and state and federal law, including, without limitation, the Federal Telecommunications Act of 1996 (the “Telecommunications Act”). NOW, THEREFORE, in consideration of the premises and other good and valuable consideration and, further, in contemplation of subsequent approval by legislative action of the City Council as hereinafter provided, the parties mutually agree as follows. ARTICLE I FRANCHISE ORDINANCE 1.1 Ordinance. The City Council has adopted a franchise ordinance entitled SQF, LLC, Franchise Ordinance (the “Ordinance”), approving the execution of this Agreement. Execution of this Agreement constitutes the unqualified acceptance of the Ordinance by the Company. Such Ordinance is incorporated herein by reference and made an integral part of this Agreement. 1.2 Franchise Description. The Ordinance confers upon the Company, and its successors and assigns, the right, privilege, and franchise (the “Franchise”), to construct, maintain and operate in, under, along, over, across, and through portions of the City’s Right -of-Way (as defined in Section 3.1 hereof), facilities consisting of telecommunication lines and cables (including, without limitation, fiber-optic and copper lines and cables), together with all necessary and desirable appurtenances (including without limitation underground and above ground conduits and structures, poles, towers, wire and cable) (collectively the “Company Facilities”). Upon the annexation of any territory to the City, all rights hereby granted, and the Franchise, shall automatically extend to the territory so annexed, to the extent the City has authority to so extend the Franchise. All facilities owned, maintained, or operated by the Company located within, under, or over rights-of-way of the territory so annexed shall thereafter be subject to all terms hereof. The Company Facilities may be used by the Company (and others, as provided herein), for the purpose of providing any of the services contemplated to be provided by telecommunications providers under the Telecommunications Act, and involving any switched or other one-way or two-way transmission of voice or data, including but not necessarily limited to (i) services interconnecting interexchange carriers for the purpose of any transmission of voice or data; (ii) services connecting interexchange carriers or competitive access carriers to local exchange providers for the purpose of any transmission of voice or data; (iii) services connecting interexchange carriers to any entity, other than another interexchange carrier or the local exchange provider for the purpose of any transmission of voice or data; (iv) services providing private line point-to-point service for end users for the purpose of any transmission of voice or data; (v) video, video conferencing or point - to-point private line service, or (vi) any service regulated by state regulatory agencies or the Federal Communications Commission which the state of Utah or Federal Communications Commission has authorized the Company to provide. Anything in this Agreement to the contrary notwithstanding, the Company may not use the Company Facilities to (i) provide, to any customer within the City, cable television services as defined in the federal Cable Communication Policy Act of 1984, as amended, or (ii) install wireless facilities or support structures for such wireless faciliti es in the right of way, without a separate franchise or license agreement therefor. 1.3 Term. The term of the Franchise is for a period from and after the date hereof, until the date that is ten (10) years from the date hereof. ARTICLE II FRANCHISE FEE; ADMINISTRATION FEE 2.1 Franchise Fee. (a) For and in consideration of the Franchise, and as fair and reasonable compensation to the City for the use by the Company of the City’s Right -of-Way, the Company will pay to the City an annual franchise fee (the “Franchise Fee”), in an amount equal to, and consisting of, the municipal telecommunications license tax (the “Municipal Telecommunications Tax”) authorized pursuant to the Utah Municipal Telecommunications License Tax Act, Title 10, Chapter 1, Part 4, Utah Code Annotated 1953, as amended (the “Municipal Telecommunications Tax Act”). Such Franchise Fee shall be calculated in the manner provided in the Municipal Telecommunications Tax Act, and shall be paid by the Company to the Utah State Tax Commission, as agent for the City under an Interlocal Cooperation Agreement by and among the City, the Utah State Tax Commission, and others, at the times and in the manner prescribed in the Municipal Telecommunications Tax Act, and any rules and regulations promulgated thereunder. Compliance by the Company with the terms and provisions of the Municipal Telecommunications Tax Act, and any rules and regulations promulgated thereunder, shall satisfy all requirements of this Agreement with respect to the calculation and payment of the Franchise Fee. (b) Notwithstanding the provisions of Section 2.1(a) above, the Franchise Fee shall be calculated and payable as described therein only so long as the Company and the services provided within the City by the Company by means of the Company Facilities are subject to the Municipal Telecommunications Tax. In the event all or any portion of the Company Facilities ceases to be used by the Company to provide services subject to the Municipal Telecommunications Tax, the Company shall pay, in lieu of the Franchise Fee, a charge with respect to such portion of the Company Facilities, payable from and after the (i) the date Company ceases to provide such services, or (ii) the date the Municipal Telecommunications Tax ceases to apply to the services provided by the Company, which shall be calculated in the same manner as the charge then imposed by the City on other Companies occupying the Right-of-Way with similar facilities, and which do not provide telecommunication services subject to the Municipal Telecommunications Act. The City and the Company agree to negotiate in good faith any amendments to this Agreement as shall be necessary to accommodate the change or elimination of the Municipal Telecommunications Act, including payment provisions; provided such new or changed provisions shall conform substantially with the provisions contained in any permits held by other similarly situated companies. (c) The Company represents to the City that one of the purposes for entering into this Agreement is to obtain authority to build or maintain a network within the City to provide telecommunication services to customers within the City. Upon completion of the Company Facilities, the Company will actively market customer services and generate local gross receipts within the meaning of the Municipal Telecommunications Tax Act. The Company represents that it expects to generate more than a nominal amount of gross receipts from local customers, and that the use of the Company Facilities for other purposes, or to otherwise provide services to customers located outside of the City, is not the sole or preeminent objective of the Company. (d) Upon the written request of the City no more than once per year, the Company shall submit to the City a certificate signed by a corporate officer of the Company certifying whether or not all elements of the Company Facilities have been used to provide services which generate gross receipts attributed to the City (within the meaning of the Municipal Telecommunications Tax Act) during the preceding calendar year. Any elements of the Company Facilities not so used shall be identified. (e) For each calendar year, those elements of the Company Facilities that are not used to provide services which generate gross receipts attributed to the City within the meaning of the Municipal Telecommunications Tax Act shall be subject to the per linear foot charge provided for in Salt Lake City Code § 14.32.425, or successor ordinance, as if such elements of the Compa ny Facilities were installed and maintained pursuant to a telecommunications right of way permit (the “Non-Taxed Facilities”). On or before March 1st each year, Company shall pay to City the per linear foot charges for its Non-Taxed Facilities for the preceding calendar year, as provided for in Salt Lake City Code § 14.32.425, regardless of whether City requests the report pursuant to Section 2.1(d). In the event an element of Company Facilities is changed from a Non-Taxed Facility to a facility that provide services which generate gross receipts attributable to the City within the meaning of the Municipal Telecommunications Tax Act, the per linear foot charges for that particular element for the preceding year shall be pro-rated to the date of dedication to such local services. 2.2 Report of Franchise Fee Payment. Upon the written request of the City, the Company shall prepare and deliver to the City, at such frequency as the City shall request, but not more frequently than monthly, a report summarizing Company payments to the Utah State Tax Commission for the requested period. Such report shall include such information related to such payment as the City shall reasonably request, including by way of example, and not limitation, the gross receipts of the Company from telecommunications service that are attributed to the City during such period, and the methodology for calculating such gross receipts. 2.3 Record Inspection. The records of the Company pertaining to the reports and payment required in this Agreement, including but not limited to any records deemed necessary or useful by the City to calculate or confirm gross receipts, and all other records of the Company reasonably required by the City to assure compliance by the Company with the terms of this Agreement (“Company Confidential Information”), shall be open to inspection by the City and its duly authorized representatives upon reasonable notice at all reasonable business hours of the Company. The Company may require such inspection to be performed at any Company Facilities where such Company Confidential Information may be located; provided that in the event such Company Confidential Information is not located at Company Facilities within the City, such Company Confidential Information shall be delivered by the Company for inspection by the City at the address of the City set forth in Section 13.1 hereof. City will hold in strict confidence and will keep confidential all Company Confidential Information. City will use reasonable care to avoid publication or dissemination of such Company Confidential Information. City will not disclose Company Confidential Information to any third person. Notwithstanding the previous sentence, City may disclose Company Confidential Information to its employees, officers, directors, consultants, advisors and agents (collectively, “Representatives”) to the extent reasonably necessary to carry out the inspection; provided, however, that such Representatives are informed of the confidential nature of the Company Confidential Information, and are bound by confidentiality obligations no less stringent than those set forth herein. Notwithstanding the forgoing, Company acknowledges that City is subject to the requirements of GRAMA as provided for in Paragraph 15.7 below. Company specifically waives any claims against City related to disclosure of any materials as required by GRAMA. 2.4 Service of Process. The Company agrees to use its best efforts to provide a local office within the State of Utah for purposes of acceptance of process. Otherwise, the Company agrees to advise City of a person or office where such process may be served. 2.5 Administrative Fee. In addition to the annual Franchise Fee described above, the Company shall pay to the City, upon execution and delivery hereof, a one-time administrative fee of $5,000, which shall compensate the City for (but which does not exceed), the direct costs and expenses incurred by the City in preparing, considering, approving, executing and implementing the Ordinance and this Agreement. ARTICLE III COMPANY USE OF RIGHT-OF-WAY 3.1 Franchise Rights to Use Right-of-Way. (a) The Company shall have the right to excavate in, and use any present and future City-owned or controlled street, alley, viaduct, bridge, road, lane and public way within the City, including the surface, subsurface and airspace (collectively the “Right-of -Way”), subject to the terms and conditions of this Agreement and in locations where Company obtains appropriate permits. In addition, the Company shall have the right to utilize any easement across private property granted to the City for utility purposes, provided (i) the prior written consent of the director of the City department which controls such easement is obtained in each case, and (ii) the documents granting such easement to the City authorize such use. In all cases, the precise location of the Company Facilities within, on, over, under, across or through the Right-of-Way shall be subject to City approval, and the right to use such Rights-of-Way shall be subject to the terms of this Agreement, and all applicable federal, state, and City laws, ordinances, rules, and regulations now existing or from time to time adopted or promulgated. (b) The rights granted to the Company herein do not include the right to (i) excavate in, occupy or use any City park, recreational areas or other property owned by the City, or (ii) attach or locate any of the Company Facilities to or on, or otherwise utilize any of, any City-owned property or facilities or structures, including without limitation light poles, towers, buildings and trees. The use of such City-owned property or facilities by the Company shall be considered by the City on a case-by-case basis and shall be subject to payment of additional compensation to the City. Similarly, the rights granted herein by the City to the Company do not include the right to situate any Company Facilities on poles or other property owned by entities other than the City and situated in the City’s Right-of-Way. It shall be the responsibility of the Company to negotiate any pole-attachment agreements or similar agreements with the owners of such poles or facilities, and to pay to such owners any required compensation. 3.2 Duty to Relocate. (a) Whenever the City shall require the relocation or reinstallation of any of the Company Facilities situated within the Right-of-Way, it shall be the obligation of the Company, upon notice of such requirement and written demand made of the Company, and within a reasonable time thereof, but not more than thirty (30) days from the date of notice, to commence to remove and relocate or reinstall such Company Facilities as may be reasonably necessary to meet the requirements of the City, which relocation shall be completed within a reasonably practicable time thereafter, but in no event longer than one hundred twenty (120) days, unless extended by mutual agreement. Such relocation may be required by the City for any lawful purpose, including, without limitation, the resolution of existing o r anticipated conflicts or the accommodation of any conflicting uses or proposed uses of the Right -of-Way, whether such conflicts arise in connection with a City project or a project undertaken by some other person or entity, public or private. The City will cooperate with the Company to provide alternate space where available, within the Right-of-Way, at no additional cost to the Company. (b) Such relocation shall be accomplished by the Company at no cost or expense to the City. In the event the relocation is ordered to accommodate the facilities of an entity other than the City or the Company, the cost and expense of such relocation shall be borne by such other entity. Any money and all rights to reimbursement from the State of Utah or the federal government to which the Company may be entitled for work done by the Company pursuant to this paragraph, shall be the property of the Company. City shall assign or otherwise transfer to the Company all rights it may have to recover costs for such work perfor med by the Company and shall reasonably cooperate with the Company’s efforts to obtain reimbursement. 3.3 City Duty to Obtain Approval to Move Company Property; Emergency Exception. Except as otherwise provided herein, the City shall not, without the prior written approval of the Company, intentionally alter, remove, relocate or otherwise interfere with any portion of the Company Facilities. However, if it becomes necessary, in the judgment of the City Representative (as defined in Section 6.1 hereof), to cut or move any of the Company Facilities because of a fire, flood, emergency, earthquake disaster or other imminent threat thereof, or to relocate any portion of the Company Facilities upon the Company’s failure to do so following a request by the City under Section 3.2 hereof, these acts may be done without prior written approval of the Company and the repairs thereby rendered necessary shall be made by the Company, without charge to the City. Any written approval required shall be reviewed and processed by the Company within seven calendar days and approval shall not be unreasonably withheld, conditioned, or delayed. 3.4 Annual Information Coordination. On or before February 28 of each calendar year, or such other date as the Company and City may agree upon from year to year, the Company and the City shall meet for the purpose of exchanging information and documents regarding construction and other similar work within the City, with a view toward coordinating their respective activities in those areas where such coordination may prove mutually beneficial. Such information exchange shall be subject to the confidentiality requirements set forth in Section 2.3 above and shall be in addition to, and not in lieu of, the requirements of Title 14, Chapter 32 of the Salt Lake City Code. 3.5 Common Use of Facilities. (a) In order to minimize the adverse impact to the Right-of-Way and to City facilities, and inconvenience to the public, caused by construction, repair and maintenance activities multiple utility franchisees, it is the policy of the City to encourage and require the shared use of telecommunication facilities by City franchisees and permittees whenever practicable. (b) Except when necessary to service a subscriber, and subject to the written approval and conditions of the City, the Company shall, prior to constructing any Company Facilities, fully utilize any excess capacity reasonably and cost -effectively available on any existing poles or within any existing conduit, under such terms and agreements as the Company negotiates with the owners of such poles or conduits. The City shall cooperate with the Company in negotiating and obtaining permission to use such facilities. (c) Whenever another franchisee or permittee of the City which is subject to a provision substantially similar to this provision of this Agreement requests permission to utilize any poles or other equipment of the Company for the purpose of attaching or locating therein or thereon any facilities of such franchisee or permittee, the Company shall negotiate in good faith with such franchisee or permittee to grant such permission under terms and conditions which (i) are commercially reasonable, (ii) do not place such franchisee or permittee at a competitive disadvantage relative to the Company or any other franchisee or permittee of the City, (iii) would not constitute a “barrier to entry” under the Telecommunications Act, and (iv) are, in any event, no less onerous than those permitted or required under the Telecommunications Act. With out limiting the generality of the foregoing, the provisions of this subsection (c) shall apply to all co - location of fiber optic lines or other cables within excess conduit installed by the Company pursuant to Section 14.32.095 of the Salt Lake City Code. The Company shall be required to grant such permission only to the extent the facilities of such requesting franchisee or permittee do not (i) interfere with the Company Facilities, (ii) conflict with uses proposed by the Company, or anticipated within the reasonably foreseeable future, or (iii) create a safety or quality of services hazard. In the event the Company and the requesting franchisee or permittee are unable to agree upon such terms and conditions, the Company and the requesting franchisee or permittee shall resolve any disagreements in such legal or other forum as may be provided by law; provided, however, that if the result of the Company’s inability to reach a reasonable agreement is that the City might be required by law to authorize the requesting franchisee or permittee to erect additional poles in the Right-of-Way, then, in that case, the City may decide any outstanding disputes, and the City’s decisions shall be binding on all parties. (d) No Company Facilities shall be installed or the installation thereof commenced on any existing pole within the Right-of-Way until the proposed location, specifications and manner of installation thereof are set forth upon a plot or map showing the existing poles, where such installations are proposed. The plot or map shall be submitted for approval to the City Representative. (e) If the Company is required to locate Company Facilities within the Right-of-Way other than Company Facilities which may be attached to utility poles, the nature of such Company Facilities shall be disclosed to the City Representative for approval as to the need thereof and as to the location within the Right-of-Way. The installation shall be made under such conditions as the City Representative shall prescribe. (f) The Company may trim trees overhanging the Right-of-Way of the City to prevent the branches of such trees from coming in contact with Company Facilities. All trimming on City property shall be done with the approval of and under the direction of the City’s Urban Forester and at the expense of the Company. (g) The Company shall, at the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of such building. The expense of such temporary removal or raising or lowering of the wires shall be paid by the person requesting the same and the Company shall have the authority to require such payment in advance. The City agrees to cause prior written notice of the necessity to move wires to be given as far in advance as possible, provided that in no event shall less than forty-eight (48) hours advance notice be given. 3.6 Duty to Underground. It is the policy of the City to have lines and cables placed underground to the greatest extent reasonably practicable. In furtherance of this policy, the Company agrees as follows: (a) In addition to the installation of underground lines as provided in the applicable rules and regulations of the Public Service Commission, the Company shall, upon payment of the charges provided in its tariffs or their equivalent, place newly constructed lines and cables underground in (i) new residential subdivision areas, if required by subdivision regulations adopted by the City, and (ii) within the Central Business District of the City. (b) In any area of the City in which there are no aerial facilities other than antennas or other facilities required to remain above ground in order to be functional, or in any portion of t he Right-of-Way in which all telephone wires and cables reasonably capable of undergrounding have been placed underground, the Company shall not be permitted to erect poles, but shall lay wires, cables, or other facilities on existing poles or underground in the manner required by the City. The Company acknowledges and agrees that if the City does not require the undergrounding of Company Facilities at the time of initial installation, the City may, at any time in the future, require the conversion of the Company’s above-ground and/or aerial facilities to underground installation at the Company’s expense whenever telephone or other utilities are placed underground in the immediate vicinity of Company’s Facilities. 3.7 Company Duty to Comply With Rules and Regulations. Company Facilities located on, upon, over or under the Right-of-Way shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with such lawful rules and regulations as the City may issue. The Company shall acquire, and any fees with respect to, such permits as may be required by such rules and regulations, and the City may inspect the manner of such work and require remedies as may be necessary to assure compliance. 3.8 Incorporation of Technology. The Company shall use its best efforts to incorporate technological advances into its equipment and service when such advances have been shown to be technically and economically feasible, safe and beneficial. Without limiting the generality of the foregoing, the Company shall endeavor to make available to all of its customers within the City, and continually improve, its high-speed internet service, if any. The Company shall, in the regular course of its business, review technological advances that have occurred in the telecommunication industry. 3.9 Compliance with Applicable Law. All Company Facilities installed or used under color of this Agreement shall be used, constructed and maintained in accordance with applicable federal, state and City laws and regulations, including without limitation environmental laws; provided that this provision shall not be construed to require the Company to modify or retrofit any existing facilities to meet new code standards unless otherwise required by law. Nothing in this Agreement shall constitute a waiver of either party’s right to challenge any portion of this Agreement which is not in accordance with applicable federal, state and local laws. 3.10 Location to Minimize Interference. All Company Facilities shall be reasonably located so as to cause minimum interference with the use of the Right -of-Way by others, and so as to cause minimum interference with the rights of the owners of property which abuts any portion of the Right-of-Way. 3.11 Repair Damage. If during the course of work on Company Facilities, the Company causes damage to or alters any portion of the Right-of-Way, or any City facilities or other public property or facilities, the Company shall (at its own cost and expense and in a manner approved by the City Representative), replace and restore such portion of the Right -of-Way or any City facilities or other public or private property or facilities, in accordance with applicable City ordinances, policies and regulations relating to repair work of similar character. 3.12 Guarantee of Repairs. For a period of three years following the completion of any work in the Right-of-Way or any repair work performed pursuant to Section 3.11, the Company shall maintain, repair, and keep in good condition those portions of the Right-of-Way or property or facilities restored, repaired or replaced, to the reasonable satisfaction of the City Engineer. 3.13 Safety Standards. The Company’s work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices in accordance with applicable safety regulations or standards imposed by law. 3.14 Landscaping. The Company shall maintain the general appearance of any of its buildings located within the City in a manner consistent with the surrounding properties, and the appearance of Company Facilities in a manner consistent with best industry practice. Such obligation to maintain the appearance of property shall include but not be limited to the landscaping of front yards and parkways in residential zones; the installation of curb, gutter, sidewalk and parkway landscaping in those areas where similar improvements have been, or are being, installed on contiguous properties; and the screening of such property directl y abutting a public street or abutting residential property with appropriate landscaping or screening material as required by the City’s Planning Commission. 3.15 Inspection by the City. The Company Facilities shall be subject to inspection by the City to the extent reasonably necessary to assure compliance by the Company with the terms of this Agreement. The City shall inspect Company Facilities at reasonable times and upon reasonable notice to the Company; provided, however, the inspection shall not interrupt or interfere with any services provided by the Company. 3.16 Company’s Duty to Remove Company Facilities from the Right-of-Way. (a) Subject to subsection (c) below, the Company shall promptly remove from the Right-of-Way all or any part of the Company Facilities, when one or more of the following conditions occur: (i) The Company ceases to operate such Company Facilities for a continuous period of twelve (12) months, except when the cessation of service is a direct result of a natural or man-made disaster; (ii) The construction or installation of such Company Facilities does not meet the requirements of this Agreement; or (iii) The Franchise is terminated or revoked pursuant to notice as provided herein. (b) Upon receipt by the Company of written notice from the City setting forth one or more of the occurrences specified in subsection (a) above, the Company shall have ninety (90) days from the date upon which said notice is received to remove such Company Facilities, or, in the case of subsection (a), to begin operating the Company Facilities. (c) The Company may abandon any underground Company Facilities in place, subject to the reasonable requirements of the City, and with the prior written consent of the City, which may be granted or withheld in the City’s sole and absolute discretion. In such an event, the abandoned system shall become the property of the City and the Company shall have no further responsibilities or obligations concerning those facilities. The City shall not use th e possibility of obtaining ownership of the abandoned system as a rationale for terminating or revoking this Agreement. 3.17 Operational Reports. During the period of construction of any Company Facilities, the Company shall furnish the City with written progress reports indicating in detail the area of construction. Such periodic reports shall be furnished at three-month intervals, the first report to be made three (3) months after the construction commencement date. 3.18 Removal of Facilities upon Request. Upon termination of service to any subscriber, the Company shall promptly remove Company Facilities and equipment from the premises of such customer at the written request of such customer, and at no cost to the subscriber, unless the Company’s agreement with such subscriber provides otherwise. Notwithstanding the foregoing, as long as regulations of the Utah Public Service Commission govern the removal of Company Facilities, and the Company is in compliance with such regulations, this Section 3.18 shall not apply. ARTICLE IV CITY USE RIGHTS 4.1 City Use of Poles and Overhead Structures. The City shall have the right, without cost, to use all poles and suitable overhead structures owned by the Company within the City for fire alarms, police signal systems, or any other lawful use; provided, however, any said uses by the City shall be for activities owned, operated or exclusively used by the City for any public purposes and shall not include the provision of telecommunication services to third parties. 4.2 Use of Trenches. Whenever the Company proposes to install new underground conduits or replace existing underground conduits within or under the Right-of-Way, it shall notify the City Representative as soon as practical and shall allow the Cit y, at its own expense, and without charge to the Company, to use any such trench opened by the Company to lay the City’s facilities therein; provided, that such action will not unreasonably interfere with Company Facilities or delay the accomplishment of the Company’s project; and provided further that the Company may require the City to agree to reasonable terms and conditions of such use. 4.3 Use of Company Corridors. The City may identify corridors which the Company now or in the future owns in fee within the City and which are similar in nature to transmission corridors of electric utility companies. The City may identify portions of such corridors, if any, as being desirable locations for public parks, playgrounds or recreation areas. In such event, and upon notice by the City, the Company shall negotiate with the City in good faith to reach an agreement providing for such uses by the City; provided that such use shall not be allowed where the Company in good faith believes such use would interfere with the Company’s use of the corridor or materially prejudice its interests in safety. The Company shall assume no liability nor shall it incur, directly or indirectly any additional expense in connection therewith. 4.4 Limitation on Use Rights. Nothing in this Article 4 shall be construed to require the Company to increase pole capacity or trench size, alter the manner in which the Company attaches equipment to the poles or installs facilities, or alter the manner in which it operates and maintains its equipment. The City may attach to or otherwise utilize Company Facilities only after written approval by the Company. Such approval may include requirements regarding maintenance of such City facilities, either to be done for a reasonable fee by the Company or by a qualified party who shall fully indemnify and hold the Company harmless from any liability and whose service would not materially prejudice the Company’s interests in safety and insulation from liability. ARTICLE V POLICE POWER The City expressly reserves, and the Company expressly recognizes, the City’s right and duty to adopt, from time to time, in addition to the provisions herein contained, such ordinances, rules and regulations as the City may deem necessary in the exercise of its police power for the protection of the health, safety and welfare of its residents and their properties. This Agreement is subordinate to City’s exercise of its police power. ARTICLE VI CITY REPRESENTATIVE 6.1 City Representative. Except as provided hereinafter, the City Engineer, or his/her designee, or such other person as the Mayor may designate from time to time (which designation shall be communicated to the Company in writing), is hereby designated the official of the City having full power and authority, along with a representative of the City Attorney’s Office, to take appropriate action for and on behalf of the City and its inhabitants to enforce the provisions of this Agreement and to investigate any alleged violations or failures of the Company to comply wit h said provisions or to adequately and fully discharge its responsibilities and obligations hereunder. The City Engineer or such other designee is referred to herein as the City Representative. The failure or omission of the City Representative to so act shall not constitute a waiver or estoppel. The City Representative shall be the Company’s initial point of contact with the City. Unless specifically provided otherwise, all decisions, consents or approvals required of the “City” shall be made or given by the City through the City Representative. The City Representative shall coordinate with other City officials, personnel and departments in all matters relating to this Agreement. 6.2 Company Duty to Cooperate. In order to facilitate such duties of the City Representative, the Company agrees: (a) To allow the City Representative to inspect Company Facilities in accordance with Section 3.15. (b) That the City Representative may convey to the Company, and, with notice to the Company in accordance with this Agreement, to the Federal Communications Commission, the Utah Public Service Commission and any other regulatory agency having jurisdiction, any complaint of any customer of the Company within the City with respect to the quality and price of telecommunication services and the appropriate standards thereof; provided, however, that City Representative’s failure to provide any such notice to the Company shall not constitute a breach of this Agreement. (c) To submit to the City Representative a letter advising the City of any application by the Company which, if approved, would materially affect the Franchise Fee. A copy of such letter shall also be submitted to the City Attorney. ARTICLE VII COMPANY SERVICE TO CITY If the City elects to purchase capacity or telecommunications services from the Company for municipal uses, the Company agrees to extend such services and capacity to City facilities identified by the City, without requiring advance payments from the City. The City agrees that extension of service to City facilities may be conditioned by the Company on the payment by the City of all costs incurred by the Company in connection with such extension of services and typically charged by the Company to the customer. The provisions of this Article shall not be construed as requiring the Company to extend its facilities until such time as the Company, in its judgment, deems such extension to be technically and economically feasible, and in no event shall the City’s request delay the Company’s construction. ARTICLE VIII CONTINUATION OF SERVICE In the event the Company is or becomes the exclusive local exchange carrier providing basic telephone exchange services within the City, the removal of Company Facilities, and the discontinuation of telecommunication services by the Company within the City, shall be subject to applicable regulations and procedures of the Public Service Commission, or any successor regulatory body and, in the event the Utah Public Service Commission or such successor regulatory body no longer regulates local exchange carriers providing basic telephone exchange services within the City, such removal of facilities and discontinuation of services shall be subject to the applicable regulations and procedures of any public body (including the City) then regulating such carriers. ARTICLE IX TRANSFER OF FRANCHISE (a) The Company shall not sell, transfer, lease, assign, sublet or otherwise make available to any person or entity other than the Company, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the Franchise or any rights or privileges under this Agreement (each, a “Transfer”), to Proposed Transferee, without the prior written consent of the City. The following events (by way of illustration and not limitation) shall be deemed to be a Transfer of the Franchise requiring compliance with this Article: (i) the sale, assignment or other transfer of all or a majority of the Company’s assets to another Person; (ii) the sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in the Company by one or more of its existing shareholders, partners, members or other equity owners, so as to create a new Controlling Interest in the Com pany; (iii) the issuance of additional capital stock or partnership, membership or other equity interest by the Company so as to create a new Controlling Interest in the Company; or (iv) the entry by the Company into an agreement with respect to the management or operation of the Company or its facilities (including the Company Facilities). (b) The consent required shall be given or denied by the City not later than one-hundred twenty (120) days following receipt by the City of a written request for consent, and shall not be unreasonably withheld. For the purpose of determining whether it shall grant its consent, the City may inquire into the qualifications of the Proposed Transferee, and the Company shall assist the City in the inquiry. City may condition or deny its consent based on any or a combination of the following or similar criteria. The Proposed Transferee shall indicate by affidavit whether it: (i) has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (ii) has ever had a judgment entered against it in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (iii) has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a system similar to the Company Facilities, except that any such claims, suits or proceedings relating to insurance claims, theft or service, or employment matters need not be disclosed; (iv) is financially solvent, by submitting financial data, including financial statements, that have been audited by a certified public accountant, along with any other data that the City may reasonably require; (v) has the financial and technical capability to enable it to maintain and operate the Company Facilities for the remaining term of this Agreement; and (vi) the use of the Company Facilities and Right of Way by the Proposed Transferee are consistent with the uses by the Company permitted under this Agreement. The Company shall provide to the City information regarding any failure by the Company to comply with any provision of this Agreement or of any applicable customer or consumer service standards promulgated or in effect in the City’s jurisdiction at any point during the term of this Agreement. (c) Notwithstanding the foregoing, the City’s consent shall not be required in connection with the following circumstances, provided that Company is not released from the obligations under this Agreement and such transferee assumes this Agreement and agrees in writing to comply with the terms and conditions of this Agreement: (i) The intracorporate transfer from one wholly-owned subsidiary to another wholly-owned subsidiary of a parent corporation; (ii) Any transfer in trust, a mortgage, or other instrument of hypothecation of the assets of the Company, in whole or in part, to secure an indebtedness, provided that such pledge of the assets of the Company shall not impair or mitigate the Company’s responsibility and capability to meet all its obligations under this Agreement, and provided further that such Proposed Transferee subordinates to this Agreement; (iii) Any sale or other transfer by the Company of worn out or obsolete equipment or property no longer required by the Company in connection with its operations in the normal course of business; or (iv) interconnection or use agreements pursuant to which the Company Facilities may be used by another entity providing telecommunication services within the City, provided that any such other entity has obtained a franchise from the City, and further provided that such interconnection or use agreement is subordinate to this Agreement. (d) Transfer by the Company shall not constitute a waiver or release of any rights of the City in or to its Right-of-Way and any transfer shall by its own terms be expressly subject to the terms and conditions of this Agreement. (e) A sale, transfer or assignment of this Agreement will only be effective upon the Proposed Transferee becoming a signatory to this Agreement by executing an unconditional acceptance of this Agreement. (f) For purposes of this Article IX, the following terms shall have the following meanings: (i) “Control” or “Controlling Interest” means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the Company Facilities or of the Company. A rebuttable presumption of the existence of Control or a Controlling Interest shall arise from the beneficial ownership, directly, by any person, or group of persons or entities acting in concert, of more than fifty percent (50%) of the Company. “Control” or “Controlling Interest” as used herein may be held simultaneously by more than one Person. (ii) “Person” means any individual, sole proprietorship, partnership, association or corporation, or any other form of organization, and includes any natural person. (iii) “Proposed Transferee” means a proposed purchaser, transferee, lessee, assignee or person acquiring ownership or control of the Company. ARTICLE X EARLY TERMINATION OR REVOCATION OF FRANCHISE 10.1 Grounds for Termination. The City may terminate or revoke this Agreement and all rights and privileges herein provided for any of the following reasons: (a) The Company fails to make timely payments of the Franchise Fee as required under Article II of this Agreement, or any other fee due to the City under the terms of this Agreement, and does not correct such failure within twenty (20) business days after receipt of written notice by the City of such failure. (b) The Company, by act or omission, violates a material term or condition herein set forth within the Company’s control, and with respect to which redress is not otherwise herein provided. In such event, the City, acting by or through its City Cou ncil, may after public hearing, determine that such failure is of a material nature and thereupon, after written notice given to the Company of such determination, the Company shall, within thirty (30) days of such notice, commence efforts to remedy the conditions identified in the notice, and shall have six (6) months from the date it receives notice to remedy the conditions. After the expiration of such six (6) month period and upon failure by the Company to correct such conditions, the City may declare t he Franchise forfeited and this Agreement terminated, and thereupon the Company shall have no further rights or authority hereunder; provided, however, that any such declaration of forfeiture and termination shall be subject to judicial review as provided by law, and provided further that in the event such failure is of such nature that it cannot be reasonably corrected within the six (6) month period above, the City shall provide additional time for the reasonable correction of such alleged failure if the Company (i) commences corrective action during such six (6) month period, and (ii) diligently pursues such corrective action to completion. (c) The Company becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its facilities are sold under an instrument to secure a debt and is not redeemed by the Company within sixty (60) days. (d) In furtherance of the Company policy or through acts or omissions done within the scope and course of employment, a member of the Board of Directors or an officer of the Company knowingly engages in conduct or makes a material misrepresentation with or to the City, that is fraudulent or in violation of a felony criminal statute of the State of Utah. (e) Company abandons use of all Company Facilities for 12 consecutive months. 10.2 Reserved Rights. Nothing contained herein shall be deemed to preclude the Company from pursuing any legal or equitable rights or remedies it may have to challenge the action of the City. ARTICLE XI COMPANY INDEMNIFICATION; INSURANCE 11.1 No City Liability. The City shall in no way be liable or responsible for any loss or damage to property or any injury to, or death of, any person that may occur in the construction, operation or maintenance by the Company of the Company Facilities. City will be liable only for its own conduct, subject to and without waiving any defenses, including limitation of damages, provided for in the Utah Governmental Immunity Act (Utah Code §§ 63G-7-101 et seq.) or successor provision. Company agrees that the Rights-of-Way are delivered in an “AS IS, WHERE IS” condition and City makes no representation or warranty regarding their condition, and disclaims all express and implied warranties. 11.2 Company Indemnification of City. Company shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of Company’s intentional, reckless, or negligent performance hereunder or under the Ordinance. Company’s duty to defend City shall exist regardless of whether City or Company may ultimately be found to be liable for anyone’s negligence or other conduct. If City’s tender of defense, based upon this indemnity provision, is rejected by Company, and Company is later found by a court of competent jurisdiction to have been required to indemnify City, then in addition to any other remedies City may have, Company shall pay City’s reasonable costs, expenses, and attorneys’ fees incurred in proving such indemnification, defending itself, or enforcing this provision. Nothing herein shall be construed to require Company to indemnify the indemnitee against the indemnitees’ own negligence. The provisions of this section 11.2 shall survive the termination of this Agreement. 11.3 Notice of Indemnification. City shall (a) give prompt written notice to the Company of any claim, demand or lien with respect to which the City seeks indemnification hereunder and (b) unless in the City’s judgment a conflict of interest may exist between the City and the Company with respect to such claim, demand or lien, permit the Company to assume the defense of such claim, demand, or lien with counsel satisfactory to City. If such defense is not assumed by the Company, the Company shall not be subject to any liability for any settlement made without its consent. Notwithstanding any provision hereof to the contr ary, the Company shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent act or failure to act of the City or any of its officers or employees. 11.4 Insurance. (a) The Company, at its own cost and expense, shall secure and maintain, and shall ensure that any subcontractor to the Company shall secure and maintain, during the term of this Agreement the following policies of insurance: (i) Commercial General Liability Insurance. Commercial general liability insurance with the City as an additional insured on a primary and non-contributing bases in comparison to all other insurance including City’s own policy or policies of insurance, in the minimum amount of $2,000,000 per occurrence with a $3,000,000 general aggregate and $3,000,000 products completed operations aggregate. These limits can be covered either under a CGL insurance policy alone, or a combination of a CGL insurance policy and an umbrella insurance policy and/or a CGL insurance policy and an excess insurance policy. The policy shall protect the City, Company, and any subcontractors from claims for damages for personal injury, including accidental death, and from claims for property damage that may arise from the Company’s operations under this Agreement, whether performed by Company itself, any subcontractor, or anyone directly or indirectly employed by either of them. Such insurance shall provide coverage for premises operations, acts of independent contractors, products, and completed operations. (ii) Commercial Automobile Liability Insurance. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles, used in connection with this Agreement in the minimum amount of with a combined single limit of $2,000,000 per occurrence. These limits can be covered either under a commercial automobile liability insurance policy alone, or a combination of a commercial automobile liability insurance policy and an umbrella insurance policy and/or a commercial automobile liability insurance policy and an excess insurance policy. If the policy only covers certain vehicles or types of vehicles, such as scheduled autos or only hired and non-owned autos, Company shall only use those vehicles that are covered by its policy in connection with any work performed under this Agreement. (iii) Workers’ Compensation and Employer’s Liability. Worker’s compensation and employer’s liability insurance sufficient to cover all of the Company’s employees pursuant to Utah law, unless a waiver of coverage is allowed and acquired pursuant to Utah law. In the event any work is subcontracted, the Company shall require its subcontractor(s) similarly to provide worker’s compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law. (b) General Insurance Requirements. (i) Any insurance coverage required herein that is written on a “claims made” form rather than on an “occurrence” form shall (A) provide full prior acts coverage or have a retroactive date effective before the date of this Agreement, and (B) be maintained for a period of at least three (3) years following the end of the term of this Agreement or contain a comparable “extended discovery” clause. Evidence of current extended discovery coverage and the purchase options available upon policy termination shall be provided to the City. (ii) All policies of insurance shall be issued by insurance companies authorized to do business in the state of Utah and either: (A) Currently rated A- or better by A.M. Best Company; and —OR— (B) Listed in the United States Treasury Department’s current Listing of Approved Sureties (Department Circular 570), as amended. (iii) The Company shall furnish certificates of insurance, acceptable to the City, verifying the foregoing matters concurrent with the execution hereof and thereafter as required. (iv) In the event any work is subcontracted, the Company shall require its subcontractor, at no cost to the City, to secure and maintain substantially the same coverage with substantially the same limits as required of the Company hereunder. (v) Company shall provide the City with thirty (30) days’ prior written notice of cancellation to the City or 10 days’ prior written notice for cancellation due to non- payment of premiums, if such policy is not replaced prior to the cancellation of the original policy with a policy meeting the minimum requirements hereunder. Company shall also provide City with evidence of such replacement policy. ARTICLE XII REMEDIES 12.1 Duty to Perform. The Company and the City agree to take all reasonable and necessary actions to assure that the terms of this Agreement are performed and neither will take any action for the purpose of securing modification of this Agreement before either the Public Service Commission or any court of competent jurisdiction; provided, however, that neither Party shall be precluded from taking any action it deems necessary to resolve differences in interpretation of this Agreement. 12.2 Remedies at Law. In the event the Company or the City fails to fulfill any of its respective obligations under this Agreement, the Party that is not in default may exercise any remedies available to it provided by law; however, no remedy that would have the effect of amending the provisions of this Agreement shall become effective without a formal amendment of this Agreement. ARTICLE XIII NOTICES 13.1 City Designee and Address. Unless otherwise specified herein, all notices from the Company to the City pursuant to or concerning this Agreement shall be delivered to the City at Housing and Neighborhood Development Division, Real Estate Services Manager, at 451 South State Street, Room 248, P.O. Box 145460, Salt Lake City, Utah, 84114-5460, with a copy to the City Attorney, at 451 South State Street, Room 505A, P.O. Box 145478 Salt Lake City, Utah 84114-5478, and (b) such other offices as the City may designate by written notice to the Company. 13.2 Company Designee and Address. The Company shall maintain an office and telephone number for the conduct of matters relating to this Agreement and the Franchise during normal business hours. Unless otherwise specified herein, all notices from the City to the Company pursuant to or concerning this Agreement or the Franchise shall be delivered to (a)SQF, LLC, ATTN Alda Licis, 16 Middle Street, 4th Floor, Portland, ME 04101, with a copy toSQFNotifications@tilsontech.com, and (b) such other offices as the Company may designate by written notice to the City. ARTICLE XIV AMENDMENT 14.1 Changing Conditions; Duty to Negotiate. (a) The Company and the City recognize that many aspects of the telecommunications business are currently the subject of discussion, examination and inquiry by different segments of the industry and affected regulatory authorities, and that these activities may ultimately result in fundamental changes in the way the Company conducts its business. In recognition of the present state of uncertainty respecting these matters, the Company and the City each agree, at the request of the other during the term of this Agreement, to meet with the other and discuss in good faith whether it would be appropriate, in view of developments of the kind referred to above during the term of this Agreement, to amend this Agreement or enter into separate, mutually satisfactory arrangements to effect a proper accommodation of any such developments. (b) Either party may propose amendments to this Agreement by giving thirty (30) days written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). 14.2 Amendment Approval Required. No amendment or amendments to this Agreement shall be effective until mutually agreed upon by the City and the Company and an ordinance or resolution approving such amendments is approved by the City Council. ARTICLE XV MISCELLANEOUS 15.1 Conditions. If any section, sentence, paragraph, term or provision of this Agreement or the Ordinance is for any reason determined to be or rendered illegal, invalid, or superseded by other lawful authority including any state or federal, legislative, regulatory or administrative authority having jurisdiction thereof, or determined to be unconstitutional, i llegal or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof or thereof, all of which will remain in full force and effect for the term of this Agreement and the Ordinance or any renewal or renewals thereof, except for Article II hereof. 15.2 No Waiver or Estoppel. Neither the City nor the Company shall be excused from complying with any of the terms and conditions of this Agreement by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any of such terms and conditions. 15.3 Fee Article Essential. (a) Article II hereof is essential to the adoption of this Agreement. The Company shall not initiate, sponsor or support any litigation that seeks to invalidate the Franchise Fee provisions contained in Article II hereof, or to reduce the amount of the Franchise Fee payable hereunder. In the event the Franchise Fee provisions hereof are determined to be illegal, invalid, unconstitutional, or are superseded by legislation, in whole or in part, this entire Agreement and the Franchise shall, to the fullest extent not prohibited by law, and subject to the following provisions of this Article, be voided and terminated. Such termination shall be effective as of the date of a final appealable order, or the effective date of any su ch legislation, unless otherwise agreed by the City and the Company. 15.4 Waiver of Non-Severability. Notwithstanding the foregoing, if City stipulates in writing to judicial, administrative or regulatory action that seeks a determination that Article II is invalid, illegal, superseded or unconstitutional, then a determination that Article II is invalid, illegal, unconstitutional or superseded shall have no effect on the validity or effectiveness of any other section, sentence, paragraph term or provision of this Agreement, which shall remain in full force and effect. 15.5 Lease Terms upon Termination. In the event this Agreement is terminated pursuant to Section 10.1 hereof, the City grants to the Company a lease according to the same terms and conditions as set forth in this Agreement. Accordingly, the Company shall pay, as fair market rental value, the same amounts, at the same times, required for the payment of the Franchise Fee pursuant to Article II hereof, and shall be bound by all other terms and conditions contained herein; provided, however, that in no event will the Company be obligated to pay a higher percentage of gross receipts than is paid by other similarly situated franchisees serving within the City. 15.6 Parity among Providers. The City and Company mutually agree that Company will at all times be treated, regarding fees assessed and charges and all other franchise rights and privileges hereunder, on parity with other telecommunications providers. 15.7 Utah Governmental Records Management Act. Whenever the Company is required to deliver to the City, or make available to the City for inspection, any records of the Company, and such records are delivered to or made available to the City with a written claim of business confidentiality which meets, in the judgment of the City Representative, the requirements of the Utah Governmental Records Management Act (“GRAMA”), such records shall be classified by the City as “protected” within the meaning of GRAMA, and shall not be disclosed by the City except as may otherwise be required by GRAMA, by court order, or by applicable City ordinance or policy. 15.8 Timeliness of Approvals. Whenever either party is required by the terms of this Agreement to request the approval or consent of the other party, such request shall be acted upon at the earliest reasonable convenience of the party receiving the request, and the approval or consent so requested shall not be unreasonably denied or withheld. 15.9 Representation Regarding Ethical Standards for City Officers and Employees and Former City Officers and Employees. The Company represents that it has not (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in the City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 15.10 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. 15.11 Entire Agreement. This Agreement contains all of the agreements of the parties with respect to any matter addressed in this Agreement, and supersedes all prior discussions, agreements or understandings pertaining to any such matters for all purposes. 15.12 Authority. Each individual executing this Agreement on behalf of the City and Company represents and warrant that such individual is duly authorized to execute and deliver this Agreement on behalf of the City or Company (as applicable). [Signatures on following page.] WITNESS WHEREOF, this Franchise Agreement is executed in duplicate originals as of the day and year first above written. SALT LAKE CITY CORPORATION, a Utah municipal corporation Erin Mendenahll, Mayor Date: Attest and Countersign: City Recorder Date of Recordation: Approved as To Form: Kimberly K. Chytraus Senior City Attorney SQF, LLC, a Delaware limited liability company By Name: Joshua Broder Title: President Date: Item L3 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: Kira Luke Policy Analyst DATE:May 18, 2021 RE: MOTION SHEET – Ordinance: Google Fiber Utah, LLC Amended and Restated Broadband Services Franchise Agreement MOTION 1 – ADOPT I move that the Council adopt the ordinance approving the Amended and Restated Broadband Services Franchise agreement with Google Fiber Utah, LLC. MOTION 2 – NOT ADOPT I move that the Council not adopt the proposed ordinance and proceed to the next agenda item. 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Google Fiber Utah Amended and Restated Broadband Services Franchise STAFF CONTACT: Dan Rip, Policy and Program Manager; Nole Walkingshaw, Chief Innovation Officer; Kimberly Chytraus, Senior City Attorney; DOCUMENT TYPE: Ordinance RECOMMENDATION: Approve proposed Ordinance BUDGET IMPACT: N/A BACKGROUND/DISCUSSION: Google Fiber currently provides Broadband and Video Services within Salt Lake City pursuant to a franchise agreement adopted by the Salt Lake City Council as Ordinance 11 of 2015 and recorded with the Salt Lake City Recorder on March 20, 2015 (the “Original Franchise Agreement”). Google Fiber intends to discontinue video services to its customer base and has requested to replace the Original Franchise Agreement with this amended and restated agreement, revising some of the terms and conditions under which Google Fiber is granted a franchise to provide broadband services. Under the Original Franchise Agreement, Google Fiber pays a fee equal of 5% of the gross revenue from video services, as well as payment of the Municipal Telecommunications License Tax (“MTLT”) for telecommunication services. The changed business model April 15, 2021 Lisa Shaffer (Apr 20, 2021 15:13 MDT) 04/20/2021 04/20/2021 necessitates renegotiation of the fee structure. The fee structure included in the Amended and Restated Franchise Agreement requires Google Fiber to pay a fee equal to 2% of the gross revenue from broadband services, in addition to payment of the MTLT. The new fee becomes effective when Google Fiber discontinues its video services. Based on analysis by Google Fiber, the amount of the fee based on broadband services should remain about the same or increase as compared to the amount of the fee based on video services. The Amended and Restated Franchise Agreement also updates the definition of gross revenue to clarify exclusions. The revised fee and definitions are consistent with Google Fiber agreements with other municipalities in the Salt Lake valley. The Administration recommends granting the requested changes to the franchise on the terms set forth in the attached Amended and Restated Franchise Agreement as they are in the best interests of City, its residents and other potential users of the proposed broadband services and will assist in meeting the broadband needs and interests of the community. PUBLIC PROCESS: None EXHIBITS: 1) Amended and Restated Broadband Services Franchise Agreement 2) Ordinance 1 AMENDED AND RESTATED BROADBAND SERVICES FRANCHISE AGREEMENT By and Between SALT LAKE CITY CORPORATION and GOOGLE FIBER UTAH, LLC 2 THIS AMENDED AND RESTATED BROADBAND SERVICE FRANCHISE AGREEMENT, dated as of the Effective Date set forth in Section 1.6 hereof, is by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah (hereinafter called “Municipality”), and GOOGLE FIBER UTAH, LLC, a Utah limited liability company with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter called “Company”). WITNESSETH A. Company provides Broadband Services and Video Services in Municipality pursuant to a franchise for such purpose granted by Municipality adopted by the Salt Lake City Council as Ordinance 11 of 2015 and recorded with the Salt Lake City Recorder on March 20, 2015 (the “Original Franchise Agreement”). B. Company intends to cease offering Video Services and, together with Municipality, desires to amend, restate, and replace the Original Franchise Agreement with this amended and restated agreement, clarifying the terms and conditions upon which Company is granted a non- exclusive franchise by Municipality to provide Broadband Services within Municipality. C. Municipality has determined that granting the requested franchise on the terms set forth herein is in the best interests of Municipality and its residents and other potential users of the proposed Broadband Services within Municipality, and will assist in meeting the broadband needs and interests of the community. D. In recognition of the separation of powers inherent in Municipality’s Council—Mayor optional form of government, the Mayor has negotiated this Agreement for legislative and policy approval by Municipality’s legislative body. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS 1.1 Affiliate (and its variants) shall mean any entity controlling, controlled by or under common control with the entity in question. 1.2 Agreement shall mean this Broadband Service Franchise Agreement and, unless the context clearly indicates otherwise, the Ordinance. 1.3 Authorized Area shall mean the entire area from time to time situated within the corporate limits of Municipality. 1.4 Broadband and Broadband Services means existing and future broadband Internet access service offerings, as defined in 47 C.F.R. § 8.1(b), delivered to Subscribers using Company’s Network. 3 1.5 City Council shall mean Municipality’s legislative body consisting of seven elected council members. 1.6 Effective Date shall mean the latest of (a) the date on which the Ordinance becomes effective in accordance with its terms and State law, (b) the date on which this Agreement, having been fully executed by both parties, is recorded in the office of the Salt Lake City Recorder, and (c) the date Company discontinues offering Video Service within the Municipality, provided that Company notifies Municipality at least one (1) week prior to the date of discontinuance for Video Service. 1.7 Emergency shall mean any disaster, including earthquakes, fires, and floods, or other publicly and officially declared emergency or unforeseen situation that presents an imminent threat to life or property. 1.8 Event of Default shall have the meaning set forth in Section 10.1. 1.9 Franchise shall have the meaning set forth in Section 2.2. 1.10 Franchise Fee shall have the meaning set forth in Section 7. 1.11 Gross Revenues shall mean all revenues of Company received from Subscribers for Broadband Services within the Municipality, without regard to the billing address of the Subscriber, and to the extent such Broadband Services utilize the System described in this Franchise. “Gross Revenues” do not include: (i) revenue from sources excluded by law; (ii) revenue received from the sale of Broadband Services for resale in which the purchaser is required to collect and remit similar fees from the purchaser’s customers (iii) charges for non- Broadband Services that are aggregated or bundled with amounts billed to Subscribers; (iv) revenue not actually received, even if billed, such as bad debt; (v) refunds, rebates, or discounts made to Subscribers or Municipality; (vi) any tax of general applicability imposed on Company or its Subscribers by Municipality or by any state, federal or any other governmental entity, and required to be collected by Company and remitted to the taxing entity (including but not limited to sales and use tax, gross receipts tax, excise tax, utility user tax, public service tax, communications taxes, and fees not imposed by this Agreement); and (vii) any foregone revenue from Company’s provision, in Company’s discretion or otherwise, of free or reduced cost Broadband Services to any person, provided, however, that any foregone revenue which Company chooses not to receive in exchange for trades, barters, services, or other items of value will be included in Gross Revenues. Gross Revenues shall include the revenue collected from a Subscriber to recover the Franchise Fee, if applicable. 1.12 Municipality shall have the meaning set forth in the introduction to this Agreement, and unless expressly stated to the contrary herein, where actions are permitted or allowed by Municipality and for the administration of this Agreement, shall mean the City Representative (as defined in Section 13.15). 1.13 Normal Business Hours shall mean 9:00 a.m. to 5:00 p.m. Mountain Time, Monday to Friday, excluding state and federal holidays. 4 1.14 Ordinance means the Google Fiber Broadband Franchise Ordinance, Salt Lake City Ordinance No. ___ of 2021, adopted by the City Council on __________, 2021, granting the Franchise and authorizing this Agreement. 1.15 Public Ways shall mean any present and future public rights-of-way, streets, highways, alleys, viaducts, bridges, roads, sidewalks, and lanes within Municipality (including the surface, subsurface and airspace), which are owned by Municipality, or which have been dedicated to public use and which are controlled and operated by Municipality. “Public Ways” shall also include public rights-of-way, streets, highways, alleys, viaducts, bridges, roads, sidewalks, and lanes within Municipality (including the surface, subsurface and airspace) which are not owned by Municipality and have not been dedicated to the public to the extent that despite such non- dedication Municipality has the ability to grant the rights set forth herein. 1.16 Subscriber shall mean a person or entity lawfully receiving Broadband Services from Company in the Authorized Area. 1.17 System shall mean Company’s network (and all associated equipment and facilities) used to provide Broadband Services to Subscribers. 1.18 Uncured Event of Default shall have the meaning set forth in Section 10.2.1. ARTICLE II FRANCHISE DESCRIPTION; REQUIREMENTS 2.1 Ordinance. The City Council has adopted the Ordinance. Execution of this Agreement constitutes the unqualified acceptance of the Ordinance by Company. Such Ordinance is incorporated herein by reference and made an integral part of this Agreement. 2.2 Franchise Description. 2.2.1 The Ordinance confers upon Company, subject to all of the terms and conditions of this Agreement, and applicable State law and Municipality ordinances in effect from time to time, the right, privilege and franchise (collectively, the “Franchise”), to erect, construct, install, maintain and operate in, under, along, over, across and through portions of the Public Ways, a System to provide Broadband Services and/or other lawful services in the Authorized Area. Notwithstanding the foregoing, this Franchise does not authorize Company to offer a service other than Broadband Service if such additional service is subject to regulation under Title II of the Communications Act of 1934, as amended, or the Utah Municipal Telecommunications Tax, without first obtaining a separate franchise from Municipality. Upon the annexation of any territory to Municipality, all rights hereby granted, and the Franchise, shall automatically extend to the territory so annexed, to the extent Municipality has authority to so extend the Franchise. All facilities owned, maintained, or operated by Company within such annexed territory shall thereafter be subject to all of the terms and conditions of this Agreement. 2.2.2 The Franchise and all rights granted hereunder are nonexclusive. Municipality reserves the right to grant such other and future franchises as it deems 5 appropriate. This Agreement does not establish any priority for the use of the Public Ways by Company or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the Public Ways, the first priority shall be to the public generally, the second priority to Municipality in the performance of its various functions, and thereafter, as between Company and other franchisees and permit holders, as determined by Municipality in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Utah. 2.3 [RESERVED]. 2.4 Compliance with Applicable Law and Regulations. 2.4.1. In constructing, maintaining, and operating the System, Company shall comply with all applicable Federal, State, and local laws, regulations, and ordinances. Company shall comply in all respects with all applicable codes, including the National Electrical Safety Code (latest edition) and National Electric Code (latest edition). Nothing in this Agreement shall be construed as a waiver by Municipality of its general police powers, and Municipality has the right to amend its local rules and regulations related to its general police powers in management of the Public Ways. Except in connection with the exercise of its general police powers, Municipality may not enact an ordinance, or amend the Ordinance, where such amendment unilaterally alters a material provision of this Agreement. 2.5 Other Permits. Neither the Franchise nor this Agreement relieves Company of the obligation to obtain permits, licenses and other approvals from Municipality necessary for the construction, repair or maintenance of the System, and to pay the standard cost or charges therefor, or compliance with other Municipality codes, ordinances and permissions relating to construction, repair or maintenance, such as compliance with necessary right-of-way permits, building permits and the like. 2.6 Backup Power. Company shall not use a permanent or semi-permanent internal combustion engine (such as a gasoline or natural gas-powered electric generator) to provide backup power at any point or points on the System without Municipality’s prior written approval. Such approval may be granted subject to conditions, such as relating to testing times (e.g., not in the middle of the night), screening, noise levels, and temperature and safe discharge of hot exhaust gases. Municipality hereby grants Company approval to use backup power generating devices, including devices with permanent or semi-permanent internal combustion engines, at its network hut sites and inside buildings or on land owned by Company subject to the specific conditions provided for in the network hut leases entered into between Company and Municipality for the use of land owned by Municipality, and any applicable building code requirements. 2.7 Bond. 2.7.1 Company has provided Municipality with, and shall maintain, a performance bond from a surety company meeting the standards of Section 6.8 in the amount of Fifty Thousand Dollars ($50,000), and in a form reasonably acceptable to Municipality, as security for the faithful performance by Company of the provisions of this Agreement, and compliance with all orders, permits and directions of any agency of 6 Municipality having jurisdiction over its acts or defaults under this Agreement, and the payment by Company of any claims, liquidated damages, liens or taxes due Municipality which arise by reason of the construction, operation, maintenance or repair of the System or provision of Broadband Services. 2.7.2 The condition of such bond shall be that if Company (a) fails to make timely payment to Municipality or its designee of any undisputed amount or sum due under this Agreement, (b) fails to make timely payment to Municipality of any taxes due, or (c) fails to repay to Municipality within ten (10) days of written notification that such repayment is due, any undisputed damages, costs or expenses which Municipality shall be compelled to pay by reason of any act or default of Company in connection with this Agreement. 2.7.3 The rights provided Municipality by this Section and its bond are in addition to all other rights of Municipality whether reserved by this Agreement or authorized by law, and no action, proceeding or exercise of a right with respect to such bond or guarantee shall affect any other rights Municipality may have, except that Municipality shall not be entitled to multiple remedies for the same violation. 2.8 Municipality Use Rights. 2.8.1 Use of Trenches. Whenever Company proposes to install new underground conduits or replace existing underground conduits within or under the Public Ways, it shall notify the City Representative as soon as practical and shall allow Municipality, at its own expense, and without charge, to utilize any such trench opened by Company to lay Municipality’s facilities therein; provided that such action will not unreasonably interfere with System facilities or delay the accomplishment of Company’s project; and provided further that Company may require Municipality to agree to reasonable terms and conditions of such use. 2.8.2 Limitation on Use Rights. Nothing in this Section 2.8 shall be construed as requiring Company to alter the manner in which Company attaches equipment to the poles or alter the manner in which it operates and maintains its equipment. Municipality may attach to or otherwise utilize System facilities only after written approval by Company. Such approval may include requirements regarding maintenance of such Municipality facilities, either to be done for a reasonable fee by Company or by a qualified party who shall fully indemnify and hold Company harmless from any liability and whose service would not materially prejudice Company’s interests in safety and insulation from liability. ARTICLE III PUBLIC WAYS 3.1 No Burden on Public Ways; Minimum Interference. Company shall not erect, install, construct, repair, replace or maintain the System in such a fashion as to unduly burden the present or future use of the Public Ways. The System shall be erected and maintained by Company so as to cause the minimum interference with the use of the Public Ways and with the rights or reasonable convenience of property owners who adjoin any of the Public Ways. Except for the stringing of overhead lines on existing poles, the location of System facilities within, on, over, 7 under, across or through the Public Ways shall, in all cases, be subject to prior Municipality approval through the permitting process. 3.2 Limitation on Franchise Rights. The rights granted to Company herein do not include the right to (i) excavate in, occupy or use any Municipality park, recreational areas or other property owned by Municipality other than Public Ways, or (ii) attach or locate any System facilities to or on, or otherwise utilize any of, any Municipality-owned property or facilities or structures other than Public Ways, including without limitation light poles, towers, buildings and trees. The use of such Municipality-owned property or facilities by Company shall be considered by Municipality on a case-by-case basis and shall be subject to payment of additional compensation to Municipality. Similarly, the rights granted herein by Municipality to Company do not include the right to situate any System facilities on poles or other property owned by entities other than Municipality and situated in the Public Ways. It shall be the responsibility of Company to negotiate any pole-attachment agreements or similar agreements with the owners of such poles or facilities, and to pay to such owners any required compensation. 3.3 Preconstruction Meetings. Company shall attend all preconstruction meetings as mutually agreed with Municipality. 3.4 Restoration of Property. Company shall restore and replace at its sole cost and expense, in a manner approved by Municipality, any public or private property, real or personal, or portion of the Public Ways, that is in any way disturbed, damaged or injured by the construction, operation, maintenance or removal of the System to at least as good condition as that which existed prior to the disturbance. Company’s obligation in this subsection shall be limited by, and consistent with, any applicable seasonal or other restrictions on construction or restoration work. Company’s restoration work shall start promptly but not more than 30 days from Company being notified of the problem in question. Upon the failure of Company to effect such repair or restoration, Municipality may effect the same, and Company shall promptly reimburse Municipality for Municipality’s actual, reasonable, and documented costs in connection with such repair or restoration. 3.5 Company Duty to Relocate. 3.5.1 Municipality may require the relocation of any System facilities for any lawful purpose, including, without limitation, the resolution of existing or anticipated conflicts or the accommodation of any conflicting uses or proposed uses of the Public Ways, regardless of whether such conflicts arise in connection with a Municipality project or a project undertaken by some other person or entity, public or private. Whenever Municipality shall require the relocation of any System facilities situated within the Public Ways, it shall be the obligation of Company, upon notice of such requirement and written demand made of Company, to commence the relocation within a reasonable time, but no more than thirty (30) days after the date of notice. In the event City permits for such work are required, “commencement” of relocation will mean a good faith application for such permits and the beginning of work promptly after issuance of the permits by City. Company shall complete such relocation within a reasonable period of time, but no more than one hundred twenty (120) days from the date of permit issuance (if applicable) or the beginning of work, whichever is sooner, unless such time is extended by the City Engineer exercising his reasonable discretion in light of the circumstances. Municipality agrees to 8 cooperate with Company to provide alternate space where available, within the Public Ways, at no additional cost to Company. 3.5.2 Except as otherwise provided in this Section 3.5.2, any relocation required by subsection 3.5.1 shall be accomplished by Company at the expense of Company. Company shall not be required to pay for the relocation of System facilities, and may require advance payment for costs and expense, to the extent such removal or relocation is requested solely for aesthetic purposes, in cases where the original location of the facilities was approved by Municipality through the permitting process. In the event the relocation is required by Municipality to accommodate facilities owned by an entity other than Municipality or Company, the cost and expense of such relocation shall be borne by such other entity, and Company may require advance payment of such costs and expenses. Any money and all rights to reimbursement from the State of Utah or the Federal government to which Company may be entitled for work done by Company pursuant to this paragraph, shall be the property of Company. Municipality shall assign or otherwise transfer to Company all rights it may have to recover costs for such work performed by Company and shall reasonably cooperate with Company’s efforts to obtain reimbursement. 3.5.3 Upon the failure of Company to relocate any System facilities within a reasonable period of time in accordance with subsection 3.5.1 above, Municipality may effect such relocation, and Company shall promptly reimburse Municipality for all actual, reasonable, and documented costs and expenses incurred by Municipality in connection with such relocation. 3.6 Emergency Notification. Company shall provide Municipality with a twenty-four (24) hour emergency telephone number at which a representative of Company (not voicemail or a recording) can be accessed in the event of an Emergency. 3.7 Duty to Underground. It is the policy of Municipality to have lines and cables placed underground to the greatest extent reasonably practicable. In furtherance of this policy, Company agrees as follows: 3.7.1 Company shall place newly constructed lines and cables underground in (a) new residential subdivision areas, if required by subdivision regulations adopted by Municipality, and (b) within the Central Business District of Municipality, to the extent there are no available existing aerial facilities. 3.7.2 In any area of Municipality in which there are no aerial facilities other than antennas or other facilities required to remain above ground in order to be functional, or in any portion of the Public Ways in which all telephone, electric power wires and cables reasonably capable of undergrounding have been placed underground, Company shall not be permitted to erect poles or to run or suspend wires, cables, or other facilities thereon, but shall lay such wires, cables, or other facilities underground in the manner required by Municipality. 3.8 Temporary Relocation. Company shall, at the request of any person holding a building moving permit issued by Municipality, temporarily raise, or lower its wires to permit the moving of such building. The expense of such temporary removal or raising or lowering of the 9 wires shall be paid by the person requesting the same, and Company shall have the authority to require such payment in advance. Municipality agrees to cause prior written notice of the necessity to move wires to be given as far in advance as possible, provided that in no event shall less than forty-eight (48) hours advance notice be given. 3.9 Vacation. If a street or Public Way where Company has facilities is vacated, eliminated, discontinued, or closed, Company shall be notified of same. At that time, the Company shall have the right to continue using such Public Way until Municipality, or other governing body, requires that Company remove its facilities. Company shall be responsible for the actual, reasonable, and documented cost of removing and relocating such facilities in the event Municipality retains ownership of the vacated street. In all other cases, Company shall not be responsible for the cost of removing and relocating such facilities. In cases where Company is not responsible for the cost, Company may require an advance payment prior to removing and relocating such facilities. When Company is required to relocate its facilities, Company shall promptly remove the System from such street or Public Way unless Company obtains all necessary easements from the affected property owners to use the former street or Public Way or a court orders the provision of such easements. 3.10 Discontinuance and Removal of the System. Upon the revocation, termination, or expiration of this Agreement, unless an extension is granted, Company shall (subject to the notice provision of Section 13.2) discontinue the provision of Services and all rights of Company to use the Public Ways for the provision of Services shall cease. Company, at the direction of Municipality, shall remove any portion of the System, including all supporting structures, poles, transmission and distribution system and other appurtenances, fixtures or property from the Public Ways, in, over, under, along, or through which they are installed within six (6) months of the revocation, termination, or expiration of this Agreement. This provision shall not apply to facilities constructed and owned by an Affiliated entity of Company, where such facilities are used by such Affiliated entity to lawfully provide other services. Company shall also restore any property, public or private, to the condition in which it existed prior to the installation, erection, or construction of its System, including any improvements made to such property subsequent to the construction of the System. Restoration of municipal property including but not limited to the Public Ways shall be in accordance with the directions and specifications of Municipality, and all applicable laws, ordinances, and regulations, at Company’s sole expense. If such removal and restoration is not completed within six (6) months after the revocation, termination, or expiration of this Agreement, all of Company’s property remaining in the affected Public Ways shall, at the option of Municipality, be deemed abandoned and shall, at the option of Municipality, become its property or Municipality may obtain a court order compelling Company to remove same. In the event Company fails or refuses to remove the System or to satisfactorily restore all areas to the condition in which they existed prior to the original construction of the System, Municipality, at its option, may perform such work and collect the actual, reasonable, and documented costs thereof from Company. No surety on any performance bond nor any letter of credit shall be discharged until Municipality has certified to Company in writing that the System has been dismantled, removed, and all other property restored, to the satisfaction of Municipality. 3.11 Tree Trimming. Company may trim trees upon and overhanging the Public Ways so as to prevent the branches of such trees from coming into contact with the System. Company shall minimize the trimming of trees to trimming only those trees that are essential to maintain the integrity of the System. Except in Emergencies, (i) all trimming of trees in the Public Way or on 10 Municipal property shall have the prior approval of Municipality and shall be done under the direction of the Municipality’s Urban Forester, and (ii) all trimming of trees on private property shall require the consent of the property owner. All trimming shall be done at the expense of Company. 3.12 Location of Facilities. Company shall keep accurate, complete, and current maps and records of the System and all Company facilities and, subject to applicable confidentiality provisions, shall make available electronic copies of such maps and records to Municipality, as set forth below. 3.12.1 Company shall furnish “as-built” maps and records to Municipality in electronic, ESRI-compatible format (or in another mapping format mutually agreed to by the Parties). Company shall provide Municipality copies of any new or revised “as-built” or comparable drawings as and if they are generated for portions of the System facilities located within Municipality and in no event later than ninety (90) days after construction (or reconstruction) and activation of any portion of the System. Upon request by Municipality in an Emergency, Company as soon as reasonably possible shall inform Municipality of any changes from such maps and records previously supplied and shall mark up any maps provided by Municipality so as to show the location of the System. 3.12.2 The “as built” maps shall include at a minimum all System and facility routings and shall be drawn to scale. 3.12.3 Municipality agrees that Company may provide route maps rather than the as-built maps specified above. “Route maps” means “as-built” maps with only the following information removed: information on the number of lines, whether the lines are copper or fiber and the nature of any electronics. Concrete pads for pedestals and enclosures for equipment or pedestals shall be shown on route maps. 3.13 Municipality Duty to Obtain Approval to Move Company Property; Emergency Exception. Except as otherwise provided herein, Municipality shall not, without the prior written approval of Company, intentionally alter, remove, relocate, or otherwise interfere with any portion of the System. Any written approval required shall be promptly reviewed and processed by Company and approval shall not be unreasonably withheld. However, if it becomes necessary, in the judgment of Municipality, to cut or move any System facilities because of an Emergency, such reasonable acts may be done without prior written approval of Company and the repairs thereby rendered necessary shall be made by Company, without charge to Municipality, and neither Municipality nor any agent, contractor or employee thereof shall be liable to Company or its customers or third parties for any damages caused to Company or the System. 3.14 Common Use of Facilities. In order to minimize the adverse impact to the Public Ways and to Municipality facilities, and inconvenience to the public, caused by construction, repair and maintenance activities of multiple utility franchisees, it is the policy of Municipality to encourage and require the shared use of utility and utility type facilities by Municipality franchisees and permittees whenever practicable. Company shall use good faith efforts to determine the location and existence of excess capacity on existing poles or existing conduit and utilize such capacity to the extent possible under such terms and conditions as Company may negotiate with the owners of such poles or conduits. Municipality shall cooperate with Company 11 in locating, negotiating, and obtaining permission to use such facilities. Company further agrees to use good faith efforts to provide access to its own excess conduit, if any, to another franchisee or permittee on mutually acceptable terms and conditions. 3.15 Identification of the System. Portions of the System installed after the Effective Date that are located in conduit, including conduit of others used by Company, shall be marked at the entrance into and exit from each manhole and handhole with Company’s name and toll-free telephone number to call for assistance. 3.16 Utility Notification Program. Company shall participate in and be a member of the State’s utility notification program, whether provided for by statute or otherwise. 3.17 Inspection by Municipality. System facilities shall be subject to inspection by Municipality to the extent reasonably necessary to assure compliance by Company with the terms of this Agreement. Municipality shall inspect System facilities at reasonable times and upon reasonable notice to Company; provided, however, the inspection shall not interrupt or interfere with any services provided by Company. ARTICLE IV PROVISION OF SERVICES 4.1 Access to Service. Company shall not deny service, deny access, or otherwise discriminate on the availability, rates, terms or conditions of Broadband Services provided to residential Subscribers on the basis of race, color, creed, religion, ancestry, national origin, gender, sexual orientation, disability, age, familial status, marital status, or status with regard to public assistance. Company shall comply at all times with all applicable Federal, State and local laws and regulations relating to nondiscrimination. Company shall not deny or discriminate against any group of actual or potential residential Subscribers in Municipality on access to or the rates, terms and conditions of Broadband Services because of the income level or other demographics of the local area in which such group may be located. 4.2 Network Design. Nothing in Section 4.1 requires Company to build to all areas of the Municipality. Company retains the discretion to determine the scope, location, and timing of the design and construction of its network, as well as the windows during which residential Subscribers may enroll for Broadband Services, so long as such decisions are consistent with Section 4.1. Company, at its sole discretion, may determine separately defined geographic areas within the Franchise Area where its System will be deployed, and Municipality will be available to consult with Company regarding the boundaries of the Municipality’s recognized neighborhood associations and the Municipality’s goals of equity and inclusion. 4.3 Public Benefits. Company agrees to engage in initiatives designed to benefit the public based on an assessment of the particular needs of the community. Such initiatives may focus on increasing access to Broadband Services, improving digital literacy, and bridging the digital divide. Company further agrees to use good faith efforts to consult with Municipality in designing and implementing such initiatives. Nothing in this subsection 4.3 shall modify, offset, or otherwise affect Company’s obligation to pay franchise fees as provided for in this Franchise. 12 ARTICLE V [RESERVED] ARTICLE VI INDEMNITY AND INSURANCE 6.1 Indemnification. Company shall indemnify, defend, and hold harmless Municipality and all associated, Affiliated, allied and subsidiary entities of Municipality, now existing or hereinafter created, and their respective officers, boards, commissions, attorneys, agents, and employees (hereinafter referred to as “Indemnitees”), from and against any and all liability, obligation, damages, penalties, claims, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys) arising from any third-party claim of personal injury or property damage that may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Company, its personnel, employees, agents, contractors, subcontractors or Affiliates, which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the System, or (ii) the Company’s failure to comply with any Federal, State or local statute, ordinance or regulation. Company’s indemnification obligation shall not extend to liability to the extent caused by the negligence or willful misconduct by any Indemnitee or any other third party. 6.2 Assumption of Risk. Company undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or about any Municipality-owned or controlled property, including Public Ways. 6.3 Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Company shall upon notice from any of the Indemnitees, at Company’s sole cost and expense, resist and defend the same with legal counsel reasonably acceptable to Municipality; provided, however, that Company shall not admit liability in any matter on behalf of the Indemnitees without the written consent of Municipality. If Municipality elects to defend such action or proceeding itself, and does not call upon Company to provide a defense pursuant to this provision, then Municipality shall be required to obtain consent from Company with regard to Municipality’s engagement of counsel, experts, accountants or other consultants, such consent not be unreasonably withheld, in order for Company to be responsible for reasonable fees and expenses pursuant to Section 6.1 herein. 6.4 Notice, Cooperation and Expenses. Municipality shall give Company prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent Municipality from cooperating with Company and participating in the defense of any litigation by Municipality’s own counsel. 6.5 Insurance. At all times during the term of this Agreement, plus any time after the term is over during which removal of facilities or restoration is occurring, Company shall obtain, maintain, and pay all premiums for, all insurance policies described in this Section, so as to protect the public. Simultaneous with the execution of this Agreement, Company shall provide Municipality with certificates of insurance evidencing such coverage. In the event Company 13 anticipates a significant delay between the execution of this Agreement and its initial construction of the System, Company shall notify Municipality and may instead provide the certificates of insurance prior to applying for its first permit. Failure to obtain and maintain any insurance policy required by this Section shall be deemed a material breach of this Agreement and may be grounds for termination of this Agreement and the Franchise. 6.5.1 Commercial General Liability. Commercial general liability insurance, including premises operations liability, completed operations liability, Independent Contractors Liability, Contractual Liability coverage, railroad protective coverage and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, with a Five Million Dollar ($5,000,000) aggregate and a Five Million Dollar ($5,000,000) products completed operations aggregate. 6.5.2 Comprehensive Automobile Liability. Commercial automobile liability insurance that provides coverage for owned, hired, and non-owned automobiles, with the Municipality as an additional insured, in the minimum amount of a combined single limit of $2,000,000 per occurrence, or $1,000,000 liability per person, $2,000,000 liability per occurrence, and $250,000 property damage. 6.5.3 Workers’ Compensation. Workers’ compensation and employer’s liability insurance sufficient to cover all of the Company’s employees pursuant to Utah law. This requirement includes those who are doing business as an individual and/or as a sole proprietor as well as corporations and partnerships. In the event any work is subcontracted, the Company shall require its subcontractor(s) similarly to provide worker’s compensation insurance for all of the latter’s employees, unless a waiver of coverage is allowed and acquired pursuant to Utah law. 6.5.4 Umbrella Policies. The coverage amounts set forth above may be met by a combination of underlying (primary) and umbrella policies so long as in combination the limits equal or exceed those stated. If more than one insurance policy is purchased to provide the coverage amounts set forth above, then all policies providing coverage limits excess to the primary policy shall provide drop down coverage to the first dollar of coverage and other contractual obligations of the primary policy, should the primary policy carrier not be able to perform any of its contractual obligations or not be collectible for any of its coverages for any reason during the term of this Agreement, or (when longer) for as long as coverage could have been available pursuant to the terms and conditions of the primary policy. 6.6 Additional Insured/Claims Made Basis. Municipality shall be named as an additional insured on all policies (other than policies for workers’ compensation and employer’s liability), to the extent such coverage is commercially reasonably available. Any notice of cancellation of coverage will be delivered to Municipality in accordance with policy provisions, which shall include an endorsement indicating that the policy may not be canceled or modified without providing thirty (30) days prior written notice to Municipality. Company shall annually provide Municipality with a certificate of insurance evidencing such coverage. All insurance policies (other than workers’ compensation and employer’s liability insurance) shall be written on 14 an occurrence basis and not on a claims-made basis, to the extent such coverage is commercially reasonably available. 6.7 No Limitation of Liability. No recovery by Municipality of any sum by reason of any insurance policy required by this Agreement shall be any limitation upon the liability of Company to Municipality or to other persons. 6.8 Qualified Carriers. All insurance shall be effected under valid and enforceable policies insured by insurance carriers licensed to do business in the State of Utah or by surplus line carriers on the State Insurance Commissioner’s approved list of companies qualified to do business in the State of Utah. All insurance carriers and surplus line carriers shall be rated A- or better by A.M. Best Company. 6.9 Contractors. Company’s contractors and subcontractors working in the Public Ways shall carry in full force and effect commercial general liability, automobile liability and workers’ compensation and employer’s liability insurance commensurate with the scope of their work. In the alternative, Company, at its expense, may provide such coverages for any or all its contractors or subcontractors (such as by adding them to Company policies). 6.10 Insurance Primary. Company’s insurance coverage shall be primary insurance with respect to Municipality, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions (collectively “them”), but only for actions of Company and for whom Company is responsible. Any insurance or self-insurance maintained by any of them shall be in excess of Company’s insurance and shall not contribute to it (where “insurance or self- insurance maintained by any of them” includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the benefit of them, from any source, and includes any self-insurance program or policy, or self-insured retention or deductible by, for or on behalf of them). 6.11 Changes to Limits. In the event that governmental immunity limits are subsequently altered by legislation or judicial opinion, the Company shall provide a new certificate of insurance within thirty (30) days after being notified thereof in writing by Municipality, certifying coverage in compliance with the modified limits or, if no new limits are specified, in an amount reasonably acceptable to Municipality, and commercially available. ARTICLE VII FEES AND PAYMENTS 7.1 Franchise Fee. For and in consideration of the Franchise, and as fair and reasonable compensation to Municipality for the use by Company of the Public Ways, Company shall pay Municipality throughout the term of this Agreement an annual amount equal to two percent (2%) of Company’s Gross Revenues (“Franchise Fee”). Such payments shall be made quarterly and are due within forty-five (45) days after the end of each calendar quarter. 7.1.1 Each Franchise Fee payment shall be accompanied by a written report to Municipality containing an accurate statement in summarized form of Company’s Gross Revenues and the computation of the payment amount. 15 7.1.2 Subject to Section 12.1, Municipality may review Company books and records on an annual basis that are reasonably necessary to verify the accuracy of Franchise Fees paid Municipality. After such review, any additional undisputed amount due Municipality shall be paid within forty-five (45) days of Municipality’s submitting an invoice for such sum. 7.1.3 In addition to the Franchise Fee, Company is required to pay any additional fees, taxes, or similar charges for services provided by Company as required by applicable state or local law, including compliance with the Municipal Telecommunications License Tax Act in Utah Code Section 10-1-4. 7.2 Allocation of Fees. Company shall not intentionally allocate revenue between Services subject to the Franchise Fee and services not subject to the Franchise Fee for the purpose of evading or reducing Company’s Franchise Fee obligations to the Municipality. 7.3 Other Payments. The Franchise Fee payable pursuant to Section 7.1 is in addition to all sums which may be due Municipality under this Agreement. In addition to the Franchise Fee, Company shall pay: 7.3.1 Municipality’s actual, reasonable, and documented cost of newspaper publication associated with adoption of the Ordinance; and 7.3.2 An administrative fee of $10,000 (“Administrative Fee”) to reimburse Municipality for all costs and expenses associated with the preparation and adoption of the Ordinance and this Agreement. The Administrative Fee shall be paid to Municipality within sixty (60) days of adoption of the Ordinance. 7.4 Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum computed monthly or the highest lawful rate, whichever is less, and if so paid with interest within thirty (30) days of the due date, shall not constitute an Event of Default under Article 10. ARTICLE VIII TERM 8.1 Term. The term of this Agreement, and the Franchise, shall be from the Effective Date for a period of fifteen (15) years. 8.2 Termination. This Agreement and the Franchise, and all rights of Company hereunder and under the Ordinance, shall automatically terminate on the expiration of the term described in Section 8.1, unless renewed or otherwise extended by Municipality. Subject to Section 3.10, Company may terminate this Agreement after providing written notice to City at least ninety (90) days prior to termination. 16 ARTICLE IX TRANSFERS, OWNERSHIP AND CONTROL 9.1 Management of the System. Company or its Affiliate shall manage the System and the provision of Broadband Services within Municipality. 9.2 Assignment. This Agreement shall not be assigned by Company, except to an Affiliate, without the prior written consent of Municipality. Municipality shall not unreasonably withhold such consent and shall respond to any request for consent as promptly as reasonably possible. If Municipality fails to respond to a request for consent within 30 days, such consent will be deemed granted. 9.3 Company shall pay Municipality for all actual, reasonable, and documented costs incurred by Municipality due to any proposed sale, assignment, or transfer of the System. ARTICLE X DEFAULTS 10.1 Events of Default. The occurrence at any time during the term of the Franchise of any one or more of the following events shall constitute an Event of Default by Company under this Agreement. 10.1.1 The failure of Company to pay the Franchise Fee (and, in the case of delinquent payments, all required interest thereon) within thirty (30) days after the due dates specified herein. 10.1.2 Company’s material breach or violation of any of the terms, covenants, representations, or warranties contained herein or Company’s material failure to perform any obligation contained herein. 10.1.3 Company’s failure to pay or cause to be paid any governmentally imposed taxes of any kind whatsoever, including but not limited to real estate taxes, income taxes, and personal property taxes on or before the due date for same; provided, however, Company shall not be in default hereunder with respect to the non-payment of taxes which are being disputed in good faith in accordance with applicable law. 10.1.5 The dissolution or termination, as a matter of law, of Company. 10.1.6 If Company files a voluntary petition in bankruptcy; is adjudicated insolvent; obtains an order for relief under Section 301 of the Bankruptcy Code (11 U.S.C. §301); files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; seeks or consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, or any of Company’s property and/or the Franchise and/or of any and all of the revenues, issues, earnings, profits or income thereof; makes an assignment for the benefit of creditors; or fails to pay Company’s debts generally as they become due. 17 10.2 Uncured Events of Default. Municipality shall give Company written notice of any Event of Default and Company shall have the following reasonable time period to cure same: For an Event of Default which can be cured by the immediate payment of money to Municipality or a third party, Company shall cure such default within thirty (30) days of written notice from Municipality to Company of the occurrence of such Event of Default; for an Event of Default by Company which cannot be cured by the immediate payment of money to Municipality or a third party, Company shall have the longer of (a) sixty (60) days from written notice from Municipality to Company of an occurrence of such Event of Default, or (b) if more than sixty (60) days is reasonably needed to cure the Event of Default, such additional time (not to exceed six (6) months) from written notice from Municipality to Company which is reasonably needed, as long as Company has commenced cure within such sixty (60) day period, and diligently pursues such cure to completion. 10.2.1 If any Event of Default is not cured within the time period allowed for curing the Event of Default, as provided for herein, such Event of Default shall, without notice, become an Uncured Event of Default, which shall entitle Municipality to exercise the remedies provided for in Article 11. ARTICLE XI REMEDIES 11.1 Remedies. Upon the occurrence of any Uncured Event of Default as described in Section 10.2.1, Municipality shall be entitled to exercise any and all of the following cumulative remedies: 11.1.1 Municipality shall have the right to forfeit and terminate the Franchise and upon the forfeiture and termination thereof the Franchise, the Ordinance and this Agreement shall be automatically deemed null and void and have no force or effect; Company shall remove the System from Municipality as and when requested by Municipality; and Municipality shall retain any portion of the Franchise Fee and other fees or payments paid to it, or which are due and payable to it, to the date of the forfeiture and termination. Municipality’s right to forfeit and terminate the grant of the Franchise pursuant to this Section is not a limitation on Municipality’s right of revocation. 11.1.2 The commencement of an action against Company at law for monetary damages. 11.1.3 The commencement of an action in equity seeking injunctive relief or the specific performance of any of the provisions which, as a matter of equity, are specifically enforceable. 11.2 Remedies Not Exclusive. The rights and remedies of Municipality set forth in this Agreement shall be in addition to and not in limitation of, any other rights and remedies provided by law or in equity. Municipality and Company understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by Municipality of any one or more of such remedies shall not preclude the exercise by Municipality, at the same or different times, of any other such remedies for the same Uncured Event of Default. 18 ARTICLE XII PROVISION OF INFORMATION 12.1 Books and Records. Company shall prepare and maintain any records or reports that are required of it by federal, state, or local law. Municipality shall have the right to obtain, in the format kept by Company in the ordinary course of business, copies of such records and reports as appropriate and reasonable to determine whether Company is in compliance with this Franchise. Company reserves the right to object to any request made under this Section 12.1 as unnecessary, unreasonable, or inappropriate under the circumstances and to seek appropriate confidentiality protections for any information to be produced to Municipality. 12.2 Government Records Access and Management Act. Municipality is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 63G, Utah Code Annotated, or its successor (“GRAMA”). All materials submitted to Municipality by Company pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an exemption from disclosure shall rest solely with Company, and Company shall comply with the requirements of GRAMA in asserting any such exemption. Any materials for which Company claims a privilege from disclosure shall be submitted marked as “Business Confidential” and accompanied by a concise statement of reasons supporting Company’s claim of business confidentiality. Municipality shall make reasonable efforts to notify Company of any requests made for disclosure of documents submitted under a claim of business confidentiality. Company may, at Company’s sole expense, take any appropriate actions to prevent disclosure of such material. Company specifically waives any claims against the Municipality related to disclosure of any materials required by GRAMA. ARTICLE XIII GENERAL 13.1 Entire Franchise. This Agreement, including the Exhibits attached hereto, contains the entire agreement between the parties and all prior franchises, negotiations and agreements relating to the System or provision of Broadband Services are merged herein and hereby superseded, excluding that certain Installation Release and Indemnification Agreement between the parties and recorded with the Salt Lake City Recorder’s Office on August 10, 2017, as may be amended. 13.2 Notices. Except as otherwise specified herein, all notices, consents, approvals, requests and other communications (herein collectively “Notices”) required or permitted under this Agreement shall be given in writing and mailed by registered or certified first-class mail, return receipt requested addressed as follows: If to Municipality: Property Manager Salt Lake City Real Estate Services P.O. Box 145460 Salt Lake City, UT 84114-5460 19 With a copy to: Salt Lake City Attorney Attn: Franchising P.O. Box 145478 Salt Lake City UT 84114-5478 If to Company: Google Fiber Utah, LLC ATTN: General Manager 1600 Amphitheatre Parkway Mountain View, CA 94043 Fax: (650) 253-0001 Email: googlefibernotices@google.com With a copy to: Google Fiber Inc. ATTN: Google Fiber Legal Department 1600 Amphitheatre Parkway Mountain View, CA 94043 Email: legal-notices@google.com All Notices shall be deemed given on the day of mailing. Either party to this Agreement may change its address for the receipt of Notices at any time by giving notice thereof to the other as provided in this Section. Any notice given by a party hereunder must be signed by an authorized representative of such party. 13.3 Conferences. The parties hereby agree to meet at reasonable times on reasonable notice to discuss any aspect of this Agreement, the provision of Broadband Services or the System during the term hereof. 13.4 Governing Law. This Agreement shall be construed pursuant to the laws of the State of Utah and the United States of America. 13.5 Waiver of Compliance. No failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right, term or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term, or condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 13.5.1 Municipality may waive any obligation of Company under this Agreement, in whole or in part, at any time. 13.6 Independent Contractor Relationship. The relationship of Company to Municipality is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker’s compensation, pension rights or liabilities, insurance rights or liabilities or other provisions or liabilities, arising out of or related to a contract for hire or employer/employee relationship, shall arise or accrue to either party or either party’s agents or 20 employees as a result of the performance of this Agreement, unless expressly stated in this Agreement. 13.7 Severability. If any section, paragraph, or provision of this Agreement shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Agreement. 13.8 Captions. All captions are for convenience of use and have no substantive effect, except for those captions in the Definitions section of this Agreement. 13.9 Franchise Accepted. Company further acknowledges by execution and delivery of this Agreement that it has carefully read the terms and conditions of this Agreement and the Ordinance and accepts the obligations imposed hereby and thereby regardless of whether such obligations are contained in this Agreement or the Ordinance, or both. 13.10 Binding Agreement. Subject to Section 2.4, the parties agree that this Agreement complies with State and Federal law as of the Effective Date and agree to be bound by the provisions hereof during the full term hereof, except that the parties also agree to recognize and be bound by any change in any State or Federal law, even if such law materially affects the terms of this Agreement. Notwithstanding the preceding sentence, if any change in law or regulation would have the effect of limiting, qualifying, or excusing payment by Company of the Franchise Fee provided for in Article 7 hereof, Company shall continue to pay all or such portion of the Franchise Fee as permitted by law .In the case of a change in law which requires a reduction in the percentage of revenue on which any franchise fee for Broadband Service may be based, the percentage of Gross Revenues on which the Franchise Fee is based will be commensurately reduced. 13.11 Other Covenants. Company for itself and its Affiliates covenants that Company and its Affiliates shall not bring or support, directly or indirectly, any suit, claim, or proceeding (judicial or administrative) challenging any term of this Agreement or contending that Municipality or Company did not have the authority to impose or agree to such terms. 13.12 Non-Waiver, Preemption. Nothing in this Agreement shall be deemed an agreement by either party as to any claimed preemptive effect, nor shall it be deemed a waiver of either party’s right to challenge any claimed preemptive effect, of any subsequent Federal law, regulation, or court ruling alleged to conflict with, alter, limit, or replace terms, requirements or conditions of this Agreement in effect as of the Effective Date. 13.13 Reserved Rights. Municipality reserves all rights and powers under (i) its police powers and (ii) powers conferred by Federal, State, or local law of which Municipality may not legally and contractually divest itself. In particular, Municipality reserves the right to alter, amend or repeal its municipal code as it determines shall be conducive to the health, safety and welfare of the public, or otherwise in the public interest; provided that any such alteration, amendment or repeal shall be applicable to all similarly situated franchisees of the City, in such a manner and to such an extent so as not to place Company at a material competitive disadvantage. Municipality agrees that by accepting this Agreement, Company has not waived its right to object to the application to it of actions by Municipality pursuant to its reserved rights or police powers. 21 13.14 Representation Regarding Ethical Standards for Municipality Officers and Employees and Former Municipality Officers and Employees. Company represents that to the best of its knowledge, it has not (1) provided an illegal gift or payoff to a Municipality officer or employee or former Municipality officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) breached any of the ethical standards set forth in the Municipality’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) influenced, and hereby promises that it will not knowingly influence, a Municipality officer or employee or former Municipality officer or employee to breach any of the ethical standards set forth in the Municipality’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 13.15 City Representative. The Director of City’s Department of Management Services (the “City Representative”), or his or her designee, shall be Municipality’s representative for all purposes of this Agreement. Except where City Council action is required by this Agreement or by law, all decisions, judgments, approvals, requests, notices or other actions of Municipality required or permitted under this Agreement shall be made, obtained, issued or delivered or otherwise effected on behalf of Municipality by the City Representative, or his or her designee. IN WITNESS WHEREOF, the parties have hereto set their hands as of the Effective Date. SALT LAKE CITY CORPORATION By: ERIN MENDENHALL, MAYOR Attest and Countersign: CITY RECORDER Approve as to form: Kimberly K. Chytraus, Senior City Attorney GOOGLE FIBER UTAH, LLC By: Its: SALT LAKE CITY ORDINANCE No. __ of 2021 (Approving an Amended and Restated Broadband Services Franchise to Google Fiber Utah, LLC) WHEREAS, pursuant to Ordinance 11 of 2015 adopted by the City County on March 3, 2015, Google Fiber Utah, LLC, a Utah limited liability company (the “Company”) provides certain video and broadband services within Salt Lake City, Utah (the “City”), and in connection therewith has establish a network in, under, along, over, and across present and future streets, alleys and rights-of-way of the City, consisting of fiber optic cable, together with all necessary and desirable appurtenances; and WHEREAS, the Company will continue to provide broadband services but will no longer provide video services within the City and the City and the City, in the exercise of its police power, ownership, use or rights over and in the public rights-of-way, and pursuant to its other regulatory authority, believes it is in the best interest of the public to amend the franchise provided to the Company; and WHEREAS, the City and the Company propose to enter into an Amended and Restated Franchise Agreement, the substantially final form of which has been presented to the City Council at the meeting at which this Ordinance is being considered for adoption; and WHEREAS, the City desires to approve the execution and delivery of such Amended and Restated Franchise Agreement and to otherwise take all actions necessary to amend the referenced franchise to the Company; and WHEREAS, the City believes this Ordinance to be in the best interest of the citizens of the City, NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. Purpose. The purpose of this Ordinance is to amend the franchise granted to the Company pursuant to Ordinance 11 of 2015, and its successors and assigns, for the non-exclusive right to use the present and future streets, alleys, viaducts, bridges, roads, lanes and public way within and under control of the City for its business purposes, under the constraints and for the compensation enumerated in the Amended and Restated Franchise Agreement attached hereto as Exhibit A, and by this reference incorporated herein, as if fully set forth herein (the “Franchise Agreement”). SECTION 2. Short Title. This Ordinance shall constitute the Google Fiber Amended Franchise Ordinance. SECTION 3. Amendment of Franchise. The right, privilege, and franchise (collectively, the “Franchise”) granted to the Company is hereby amended and restated as more particularly described in the Franchise Agreement. SECTION 4. Term. The term of the Franchise is for a period of fifteen (15) years from and after the effective date of the Franchise Agreement. The Company shall pay all costs of publishing this Ordinance. SECTION 5. Acceptance by Company. Within thirty (30) days after the effective date of this Ordinance, the Company shall execute the Franchise Agreement and return it to the City, otherwise, this Ordinance and the rights granted hereunder shall be null and void. SECTION 6. No Franchise revocation or termination may be effected until the City Council shall first adopt an ordinance terminating the Franchise and setting forth the reasons therefor, following not less than thirty (30) days prior written notice to the Company of the proposed date of the ordinance adoption. The Company shall have an opportunity on said ordinance adoption date to be heard upon the proposed termination. SECTION 7. This Ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, Utah, this ____ day of _______, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ATTEST: ______________________________ CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: _______________. Salt Lake City Attorney’s Office Approved As To Form By: __________________________ Kimberly K. Chytraus Date: ________________________ April 1, 2021 EXHIBIT A Item L4 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: Allison Rowland Budget and Policy Analyst DATE:May 18, 2021 RE: RESOLUTION: HOUSING TRUST FUND LOAN AMENDMENT TO GARDEN LOFTS HOLDINGS, LP, AT 154 WEST 600 SOUTH MOTION 1 – ADOPT ORDINANCE CHANGES I move that the Council adopt the resolution authorizing the loan amendment from the Housing Trust Fund to Garden Lofts Holdings, LP. MOTION 2 – NOT ADOPT I move that the Council not adopt the resolution authorizing the loan amendment from the Housing Trust Fund to Garden Lofts Holdings, LP, and proceed to the next agenda item. Attachment 1. Amendments to the Council’s Police Civilian Review Board, and Related Legislative Intents Ordinance changes 1. Amend City ordinance to extend the period for which to file a complaint with CRB to 60 business days after filing with the Police Department. 2. Amend City ordinance to allow appointment to the CRB of people with criminal records in their past, provided they have completed their sentences and can pass a State background check at the level necessary to meet their training requirements. 3. Amend City ordinance to ensure that all panels include at least five Board Members, rather than the minimum of three currently permitted. 4. Amend City ordinance to expand CRB membership to 21 members, with three members representing each district. 5. Amend City ordinance to require a majority of sitting CRB members to participate in any complaint regarding Officer Involved Critical Incidents (OICIs). 6. Amend City ordinance to require an annual Council briefing about recommendations formulated by the CRB during the preceding 12 months. Legislative Intents 1.The Council intends that the Administration provide an adequate workspace for panel discussions, equipped for social distancing and to allow confidential police body-worn camera footage be shown to the group. 2.The Council intends that the Administration expand efforts to raise the public stature of the CRB by providing communications staff, or the opportunity to contract with a private firm for this purpose. 3.The Council intends that the Administration design a succession plan for the Administrator/ Investigator position. 4.The Council intends that the Administration explore additional mechanisms to increase transparency and accountability related to independent, on-going auditing of Police Department body-worn camera footage, and that future modifications may be made to the ordinance to codify these mechanisms. 5.The Council intends that the Administration explore the question of providing honoraria to members of some or all members of City Boards and Commissions. This change would be made to the general section of the Boards and Commissions ordinance, and no stipend would be provided to members before discussion of this proposed ordinance is complete. 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Garden Lofts Income Averaging Request & Subordination Request STAFF CONTACT: Amanda Best, Housing Development Program Specialist HAND 801-535-7698, Amanda.Best@slcgov.com DOCUMENT TYPE: Resolution RECOMMENDATION: Request #1: Income Averaging Housing Trust Fund Advisory Board (HTFAB) recommends approving the income averaging amendment to the Garden Lofts Loan. Request #2: Amend Loan to Subordinate to New Loan (Citibank) Housing Trust Fund Advisory Board (HTFAB) recommends approving the additional loan with Citibank and subordinating to Citibank, putting the City’s Housing Trust Fund loan in third position. BUDGET IMPACT: No budget impacts, this request for an adjustment in income restrictions for the rental units and movement in priority of loan. BACKGROUND/DISCUSSION: Wasatch Residential Group, the managing group of Garden Lofts, currently has an $1,000,000 loan from the Housing Trust Fund (HTF) to develop an all affordable multifamily construction project on 3.18 acres of property in downtown Salt Lake City. This development consists of 272 April 15, 2021 Lisa Shaffer (Apr 20, 2021 15:27 MDT) 04/20/2021 04/20/2021 units, all at or below 60% of Area Median Income (AMI). The loan was recorded on December 14, 2017. The loan was provided using HTF. The development is currently in payback period and is in good standing. The current principal balance is $1,000,000 and accrued interest is $12,500. According to the Promissory Note the term is 38 years, with the first three years borrower paying interest only, and the first payment of $75,000 due on April 1, 2021. Garden Lofts Apartment information can be found at https://www.gardenloftsisyourhome.com. The address is 154 West 600 South, Salt Lake City, UT 84101, located in District 4 under Councilmember Ana Valdemoros. Request #1: Income Averaging According to the City HTF loan documents all units must serve residents at or below 60% AMI based on tenant income verification. Wasatch Residential Group is requesting a change in the loan documents to move from all units at or below 60% AMI to an income averaging of all units. The result would be that the average income level of the entire development will be 60% AMI. Income averaging would allow the housing complex to offset costs within the adjusted range of rents rather than utilizing more subsidy, creating units that have a higher AMI and units that have a lower AMI. As seen in Table 1 and Table 2 below, the units were originally required to serve tenants at or below 60% AMI. With income averaging, the units would be adjusted to allow households ranging from 40% AMI to 80% AMI. However, when contemplating the entire development, the average renter household income will still be 60% AMI. The higher rents collected from households with greater income will offset the deeply affordable rents within the housing complex without the need of more subsidy. The income averaging approach does not create a change in the overall project budget nor in underwriting. This process has recently been approved by Utah Housing Corporation (UHC) and the Low-Income Housing Tax Credit (LIHTC). The Wasatch Residential Group’s LIHTC and Land Use Restriction Agreement (LURA) has already been adjusted to include income averaging for Garden Lofts Apartments. Because this change has taken place in the LIHTC LURA, Wasatch Residential Group is currently out of compliance with the City loan agreement, and thus requesting to make this change. The Federal Consolidated Appropriations Act of 2018 was signed into law on March 23, 2018 and established Income Averaging (IA) as a third minimum set-aside election for Housing Credit (HC) developments. This new election allows developments to designate units as low as 20%, and up to 80% of AMI as long as the average AMI level of the HC units in the project, as defined in line 8b on IRS Form 8609, is 60% or less of AMI. Income averaging is becoming popular with affordable housing funding and is allowable under the County, State, and LIHTC rules and ordinances. This shift would allow for more variety within rents and could allow for a deeper affordability throughout the development, while still receiving needed income from the higher affordability limit. Request #2: Amend Loan to Subordinate to New Loan (Citibank) The original subordination agreement has Salt Lake City Housing Trust Fund Loan in the second position behind Citibank and in front of Olene Walker Housing Loan Fund. The development is currently leased up. The current HTF loan states that the borrower cannot add additional funding after the original loan is in place. Wasatch Residential Group is requesting permission to assume an additional loan, and is asking the City to subordinate its second lien position, placing the new Citibank loan in second lien position, the City in third lien position, and Olene Walker Housing Loan Fund in fourth position. This request was heard by the Olene Walker Housing Loan Fund board on January 28, 2021 in which the board approved the request to subordinate to the Citibank loan. Wasatch Residential Group intends to use the new loan to offset unexpected costs resulting from higher than expected construction costs of the development. The additional loan will allow Wasatch Residential Group to decrease the amount of deferred developer fee for the Garden Lofts Development. Borrower Information: Wasatch Residential Group has an extensive portfolio including both affordable and market rate multi-family housing throughout the Western United States. Wasatch owns/manages over 24 apartment communities in Utah. This group is responsible for developing over 7,600 units and $1 billion in multifamily construction. Here in Salt Lake, they are responsible for constructing and managing Providence Place, Enclave, and 600 Lofts, all affordable housing developments. Wasatch has current Housing Trust Fund financing on both Providence Place and 600 Lofts. In addition, their management affiliate, Wasatch Property Management, currently manages 70 apartment communities around the Western United States. Proposed Loan Amendment: Request #1: Income Averaging When the Federal Consolidated Appropriations Act of 2018 passed allowing income averaging to be an approach to providing affordable housing, Wasatch worked with Utah Housing Coalition to have the Land Use Restricted Agreement (LURA) allow for income averaging. The change would allow for certain rents to increase to 80% AMI and others lower to 40% AMI to allow for the average income of all tenants to be 60% AMI. The unit mix adjustment is in the updated LURA and is represented in the table below. TABLE A: Housing Unit/AMI Mix Current: Type # of Units Income Limits 1 Bed 1 Bath 3 at or below 60% AMI 2 Bed 2 Bath 2 at or below 60% AMI 1 Bed 1 Bath 36 at or below 60% AMI 2 Bed 2 Bath 16 at or below 60% AMI Studio 20 at or below 60% AMI 1 Bed 1 Bath 81 at or below 60% AMI 2 Bed 1 Bath 49 at or below 60% AMI 3 Bed 2 Bath 13 at or below 60% AMI 1 Bed 1 Bath 28 at or below 60% AMI 2 Bed 2 Bath 14 at or below 60% AMI 1 Bed 1 Bath 7 at or below 60% AMI 2 Bed 2 Bath 3 at or below 60% AMI TABLE B: Housing Unit/AMI Mix Proposed: Type # of Units Income Limits 1 Bed 1 Bath 3 80% AMI 2 Bed 2 Bath 2 80% AMI 1 Bed 1 Bath 36 70% AMI 2 Bed 2 Bath 16 70% AMI Studio 20 60% AMI 1 Bed 1 Bath 81 60% AMI 2 Bed 1 Bath 49 60% AMI 3 Bed 2 Bath 13 60% AMI 1 Bed 1 Bath 28 50% AMI 2 Bed 2 Bath 14 50% AMI 1 Bed 1 Bath 7 40% AMI 2 Bed 2 Bath 3 40% AMI This shift would increase the income limits on 57 units to 70% AMI and 80% AMI. This change would not affect the original terms or underwriting of the loan according to Housing Trust Fund Policies and Procedures. HTFAB met on February 3, 2021 to review this request with the developer. Request #2: Amend Loan to Subordinate to New Loan (Citibank) Wasatch Residential Group is also in the process of receiving an additional loan from their primary lender, Citibank. This loan is to offset developer fee costs and other costs that have increased this last year. The additional loan would take second position behind the first Citibank loan, moving the Salt Lake City Housing Trust Fund loan to third position. The current loan states that, “The borrower shall neither create nor suffer to exist any mortgage, pledge, lien, charge or encumbrance… except as of record of disclosed to the City in writing prior to the making of the loan hereunder.” The amendment to add a loan would contradict that section, thus the loan will have to be amended for that section as well. The additional loan has not yet closed and is scheduled to close after all approvals have been received. As of January 28, 2021 the Olene Walker Loan Fund has approved this additional loan. The additional Citibank loan would be for $1,200,000, is not tax exempt and requires hard payments. Wasatch Residential Group is requesting that Salt Lake City amend the subordination agreement to include the additional loan and move to third lien position. A new Deed of Trust and an amendment to the Loan would also be needed. Board Approval: Request #1: The HTFAB recommended approval of amending the Garden Lofts HTF Loan to allow for income averaging across the development to 60% AMI on November 4, 2020. Request #2: The HTFAB recommended approval of amending the Garden Lofts HTF Loan to accept the additional Citibank Loan on February 3, 2021. This would move Salt Lake City to third in line for repayment. PUBLIC PROCESS: HTFAB held a public meeting and reviewed the Income Averaging request on November 4, 2020 and the Subordination Amendment on February 3, 2021. The board unanimously recommended approval of both amendments. No other public process is required. EXHIBITS: 1. Resolution 2. Updated LURA 3. Draft Subordination Agreement 4. Recorded Subordination Agreement 5. Recorded HTF Loan 6. Recorded Deed of Trust Exhibit 1 Resolution RESOLUTION NO. _____ OF 2021 Authorizing a loan amendment from Salt Lake City’s Housing Trust Fund To Garden Lofts Holdings, LP WHEREAS, Salt Lake City Corporation (the “City”) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, Garden Lofts Holdings, LP (the “Borrower”), has an existing loan (the “Loan”) for the construction and long-term financing of an affordable multifamily housing development with 272 units (the “Project”) located at 154 West 600 South, Salt Lake City, Utah (the “Property”); and WHEREAS, the Project construction is complete; and WHEREAS, the Borrower has requested that the terms of the Loan be amended as described on the attached term sheet (the “Term Sheet”); and WHEREAS, on November 4, 2020 and February 3, 2021, the Housing Trust Fund Advisory Board (the “Board”) recommended approval of the loan amendment as set forth on the Term Sheet; and WHEREAS, the City recommends the loan amendment described on the attached Term Sheet based on its underwriting of the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. That the City Council hereby approves amending the existing loan documents as set forth on the Term Sheet, subject to revisions that do not materially adversely affect the rights and obligations of the City hereunder. 2. That Erin Mendenhall, Mayor of Salt Lake City, Utah, on behalf of Salt Lake City Corporation is hereby authorized to negotiate and execute the requisite loan documents and any other relevant documents consistent with the Term Sheet, and incorporating such other terms and agreements as recommended by the City Attorney’s Office, and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this __________ day of ____________, 2021. SALT LAKE CITY COUNCIL By CHAIR ATTEST: CITY RECORDER Approved As To Form Salt Lake City Attorney’s Office By: ____________________________ Kimberly K. Chytraus Date: __________________________ March 24, 2021 Loan Amendment Term Sheet Project: Garden Lofts Borrower: Garden Lofts Holdings, LP Address: 54 West 600 South Loan Amount: $1,000,000 Loan Maturity: 38-year term Interest Rate: 2.5% simple interest per annum Interest Accrual: Current interest accrual is $12,500 (payments are current) Repayment Terms: Payment is interest only for the first 3 years. First payment is due April 1, 2021 in the amount of $75,000. Then surplus cash payments. Collateral and Priority: Current – Second priority Deed of Trust behind Citibank Amendment – Third priority Deed of Trust behind Citibank (Original Citibank loan and new Citibank loan) (Olene Walker Housing Loan Fund has a loan that is junior to the City) Conditions: Standard loan conditions approved by City Attorney’s Office Unit Affordability Requirements: Current – All units are 60% Area Median Income (AMI) or below Amendment – All units income average to 60% AMI or below (range from 20% AMI – 80% AMI) Exhibit 2 Updated LURA 2.Set-Aside Election. The Project Owner agrees that all 272 units of the Project shallbe restricted as provided for herein and in paragraph 13. The Project Owner agrees that for each taxable year in the extended use period, as defined in IRC § 42, 40% or more of the residential units in the Project are both rent restricted, as defined in IRC §42, and occupied by individuals (hereinafter "low-income tenants") whose income does not exceed the imputed income limitation designated by the Project Owner with respect to the respective unit. The average of the imputed income limitation designated by the Project Owner shall not exceed 60% of the area median gross income, as more specifically provided in paragraph 13, with respect to the county in which the Project is located, as annually determined and published by H.U.D. 13.Rent and Incom e Limits. The Project Owner agrees that 272 units of the Project will be leased, throughout the extended use period as set forth in paragraph 9 above, (i) for a maximum monthly rental fee which is affordable to the tenants residing therein ( as calculated below), and (ii) to individuals whose annual income (as defined under Section 8 of the United States Housing Act of 193 7), aggregated for all individuals residing in a given unit, does not exceed the percentages set forth below of area median income for the county in which the unit is located: Units T\rpe Income Limits 3 1 bedroom 1 bath units 80% of area median income 2 2 bedroom 2 bath units 80% of area median income 36 1 bedroom 1 bath units 70% of area median income 16 2 bedroom 2 bath units 70% of area median income 20 Studio units 60% of area median income 81 1 bedroom 1 bath units 60% of area median income 49 2 bedroom 2 bath units 60% of area median income 13 3 bedroom 2 bath units 60% of area median income 28 1 bedroom 1 bath units 5 0% of area median income 14 2 bedroom 2 bath units 50% of area median income 7 1 bedroom 1 bath units 40% of area median income 3 2 bedroom 2 bath units 40% of area median income For purposes of determining the affordability of monthly rental payments, the maximum monthly rental fee is calculated as follows: a.First, multiply the monthly rent limit applicable to the unit as calculated by Utah Housing for the applicable year, based on bedroom size, based on 50% of area median income for the county in which the unit is located, by 2 (to arrive at a rental amount based on 100% of area median income); 2 1485082.2 Exhibit 3 Draft Subordination Agreement 21616387-v2 WHEN RECORDED MAIL TO: Citibank, N.A. Transaction and Asset Management Group 388 Greenwich Street, Trading 6th Floor New York, New York 10013 Attention: Tanya Jimenez Re: Garden Lofts Apartments Citi Deal ID No. 24974 FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (SLC Corporation) THIS FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Amendment”) dated as of the ____ day of January, 2021, is made by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah (“Junior Lender”), and CITIBANK, N.A., a national banking association (“Senior Lender”) and acknowledged by GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership (“Borrower”). R E C I T A L S A. Junior Lender, Senior Lender and Borrower entered into that certain Subordination and Intercreditor Agreement dated as of December 19, 2017, recorded with the Salt Lake County Recorder’s Office (the “Recorder’s Office”) as Entry No. 12684036, in Book 10631, Page 9114, relating to (1) a tax exempt loan made to Borrower in the aggregate maximum principal amount of $27,300,000, and (2) a certain junior loan made to Borrower by Junior Lender in the original principal amount of $1,000,000 (the “Junior Loan”) (as the same may be further amended from time to time, the “Original Agreement”); B. Junior Lender, Senior Lender and Borrower have agreed to amend the Original Agreement with respect to certain definitions pertaining to the Senior Loan thereunder to include a new taxable loan from Senior Lender to Borrower in the original principal amount of [$1,200,000], evidenced by the following: a certain Multifamily Permanent Note dated the date hereof in the amount of the Taxable Senior Loan made by Borrower to the order of Senior Lender, secured by a certain Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of January 1, 2021, granted by Borrower for the benefit of Senior Lender and to be recorded with the Recorder’s Office, and a certain Loan Covenant Agreement dated as of January 1, 2021, by and between Borrower and Senior Lender, and such other documents, agreements and instruments executed in connection therewith; and C. Capitalized terms used but not defined in this Amendment shall have the meanings given them in the Original Agreement, NOW THEREFORE, for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Junior Lender, Senior Lender, and Borrower (collectively, the “Parties”) hereby agree as follows: First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page 2 1. The following new definitions are added to Section 1 of the Original Agreement: ““Senior Loan” means the Senior Loan, as defined in Recital A, together with that certain taxable loan from Senior Lender to Borrower in the original principal amount of [$1,200,000]. ““Senior Loan Agreement” means, collectively, the Borrower Loan Agreement, as defined in Recital B; the Construction Funding Agreement as defined in Recital D; and that certain Loan Covenant Agreement dated as of January 1, 2021, by and between Borrower and Senior Lender. ““Senior Note” means the Note, as defined in Recital B, together with that certain taxable Multifamily Permanent Note dated January [___], 2021, in the original principal amount of [$1,200,000] made by Borrower to the order of Senior Lender. ““Senior Security Instrument” means the Senior Security Instrument, as defined in Recital C, together with that certain Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of January 1, 2021, granted by Borrower for the benefit of Senior Lender and to be recorded with the Salt Lake County Recorder’s Office.” 2. In all other respects, the terms, provisions, and conditions of the Original Agreement, as hereby amended or modified, are hereby ratified and confirmed and shall remain in full force and effect. 3. This Amendment may be executed in any one or more counterparts and all so executed shall constitute one and the same instrument, binding on all parties, even though all parties are not signatory to the same document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-1 IN WITNESS WHEREOF, the undersigned have caused this Amendment to be signed and delivered under seal by their respective duly authorized representatives as of the date set forth above. The undersigned intend that this Amendment shall be deemed signed and delivered as a sealed instrument. JUNIOR LENDER: SALT LAKE CITY CORPORATION, a Utah municipal corporation By: _________________________________________ Name: Erin Mendenhall Title: Mayor Approved as to Form Salt Lake City Attorney’s Office By: ________________________________ Name: _______________________________ Title: Senior City Attorney ATTEST: ______________________________________ ________________, Salt Lake City Recorder STATE OF UTAH COUNTY OF SALT LAKE On January __, 2021, before me, _______________________, personally appeared Erin Mendenhall who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature _______________________________ of Notary Public First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-2 SENIOR LENDER: CITIBANK, N.A., a national banking association By: _____________________________ Name: Kathy Millhouse Title: Vice President Citi Deal ID No. 24974 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On __________________ before me, _______________________ (here insert name and title of the officer), personally appeared Kathy Millhouse who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-3 ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: BORROWER: GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP, LLC, a Utah limited liability company By: ______________________________ Name: Jeffrey S. Nielson Title: Manager STATE OF UTAH COUNTY OF SALT LAKE On January __, 2021, before me, _______________________, personally appeared Jeffrey S. Nielson who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature _______________________________ of Notary Public Exhibit 4 Recorded Subordination Agreement WHEN RECORDED MAIL TO: Citibank, N.A. Transaction Management Group/Post Closing 390 Greenwich Street, 2nd Floor New York, New York 10013 Attention: Tanya Jimenez Re: Garden Lofts Apartments Deal No. 24974 RECORDED DEC 1 4 2017 CITY RECORDER SUBORDINATION AND INTERCREDITOR AGREEMENT l 7267 l l 4-v4 (SLC Corporation) PRO PrRTY OF SALT LAl<E CITY Rl:CC) <DE R'S OFFICE P.O . BOX l '.lS5 l 5 SALT LAl<E C ITY, UTAH 84 114 -55 1 5 SUBORDINATION AND INTERCREDITOR AGREEMENT (SLC Corporation) THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") dated as of December_, 2017, is made by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah ("Junior Lender") and CITIBANK, N.A., a national banking association ("Senior Lender"), and acknowledged by GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership ("Borrower"). The date of this Agreement as set forth above is for reference purposes only, and this Agreement will not be effective and binding until the Closing Date (as defined in the Borrower Loan Agreement). RECITALS: A. Borrower has applied to the Utah Housing Corporation, an independent body politic and corporate constituting a public corporation, organized and existing under the laws of the State of Utah ("Governmental Lender"), for a loan (the "S enior Loan") for the acquisition, construction, development, equipping and/or operation of a 272-unit multifamily residential project located in the City and County of Salt Lake, Utah, known or to be known as Garden Lofts Apartments (the "Mortgaged Property"). B. The Senior Loan is evidenced by (i) that certain Multifamily Note, dated as of the Closing Date, in the maximum principal amount of [$26,330,000] made by Borrower payable to the order of Governmental Lender (the "Note"), and (iii) that certain Borrower Loan Agreement, dated as of December 1, 2017, by and between Borrower and Governmental Lender (the "Borrower Loan Agreement"). C. The Senior Loan is secured by, among other things, that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of December 1, 2017, executed by Borrower for the benefit of Governmental Lender ( as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented, the "Senior Security Instrument"), recorded in the office of the Salt Lake County Recorder as Entry No. __ in Book __ , at Pages ___ , which Senior Security Instrument encumbers the Mortgaged Property. D. Borrower has requested that Senior Lender enter into that certain Funding Loan Agreement (the "Funding Loan Agreement"), dated as of December I , 2017, by and among Governmental Lender, U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America, as fi scal agent, and Senior Lender, pursuant to which Funding Lender will make a loan to Governmental Lender (the "Funding Loan"), the proceeds of which will be used to make the Senior Loan to Borrower pursuant to the Borrower Loan Agreement. The Senior Loan will be advanced to Borrower pursuant to that certain Construction Funding Agreement, dated as of December 1, 2017, by and between Borrower and Senior Lender (the "Construction Funding Agreement"). E. The Note, the Senior Security Instrument, the Borrower Loan Agreement, the Funding Loan Documents (as defined in the Funding Loan Agreement) and all other Senior Loan Subo rd ination and lntercredito r Agreement (SLC Corporation) PROPERTY OF SALT LAl<E CITY RECORDER 'S OFF ICE P.O . BOX 145515 SALT LAKE CITY, UTAH 84 114-5515 Lofts Apartments Documents (as hereinafter defined) have each been assigned by Governmental Lender to Senior Lender to secure the Funding Loan. F. Junior Lender is making a loan (the "Junior Loan") to Borrower in the original principal amount of $1,000,000 under its Housing Trust Fund Program, which Junior Loan is evidenced by a certain Promissory Note, dated as of the date hereof, made by Borrower to Junior Lender (the "Junior Note") and secured by, the Junior Security Instrument (as hereinafter defined) encumbering the Property, and will be advanced to Borrower pursuant to that certain Loan Agreement (the "Junior Loan Agreement") dated as of the date hereof between Borrower and Junior Lender. G. As a condition to the making of the Senior Loan, Senior Lender requires that Junior Lender execute and deliver this Agreement prior to the making of the Junior Loan and the granting of the Junior Security Instrument by Borrower. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the Junior Security Instrument, Junior Lender hereby agrees as follows: 1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the terms set forth below shall have the respective meanings indicated: "Bankruptcy Proceeding" means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership , assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. "Casualty" means the occurrence of damage to or loss of any of the Property by fire or other casualty. "Condemnation" means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. "Enforcement Action" means any exercise of any of Junior Lender's remedies under the Junior Security Instrument or any of the other Junior Loan Documents, including, without limitation, any of the following: (i) the acceleration of all or any part of the Junior Indebtedness, (ii) the commencement of any judicial or non-judicial action of proceeding to enforce any obligation of Borrower under any of the Junior Loan Documents, collect any monies payable to Borrower or have a receiver appointed to collect any monies payable to Borrower, or foreclose the lien(s) created by the Junior Security Instrument, (iii) the filing or joining in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower, (iv) the advertising of or commencement of any foreclosure or trustee's sale proceedings, (v) the exercise of any power of sale, (vi) the acceptance of a deed or assignment in lieu of foreclosure or sale, (vii) the collecting of Rents , (viii) the obtaining of or seeking of the appointment of a receiver, (ix) the seeking of default PROPERTY OF SALT LAKE CITY RECORDER'S OFFICE Subordination and lntercredi tor Agreement (S LC Corporation ) 2 P.O . BOX 145515 Garden Lofts Apartments SALT LAKE CITY, UTAH 84114-5515 interest, (x) the taking of possession or control of any of the Property, (xi) the commencement of any suit or other legal, administrative, or arbitration proceeding base d upon the Juni or Note or any other of the Junior Loan Documents, (xii) the exercising of any banker's lien or rights of set- off or recoupme nt, or (xiii) the taking of any other enforcement action against Borrower, any other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan Documents, or the Property. "Enforcement Action Notice" means a written notice from Junior Lender to Senior Lender, given following a Junior Loan Default and the expiration of any notice or cure periods provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lender. "Junior In debtedness" means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. "Junior Loan Defaulf' means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or b oth, would constitute, an "Event of Default" as defined in the Junior Security Instrument. "Junior Loan Documents" means, collectively, the Junior Note, the Junior Security Instrument, the Junior Loan Agreement and all other documents evidencing, securing or delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached hereto , together with such modifications, amendments and supplements thereto as are approved in writing by Senior Lender prior to their execution. "Junior Security Instrum ent" means that certain Trust Deed with Assignment of Rents, dated as of the date hereof, made by Borrower for the benefit of Junior Lender, as the same may from time to time be extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the consent of Senior Lender. "Loss Proceeds" means all monies received or to be received under any insurance p olicy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty. "Property" means (i) the land and improvements known or to be known as Garden Lofts Apartments and located in the City and County of Salt Lake, State of Utah, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, depo sit s and rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan Documents. "Sen ior Indebtedness" means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. "Senior Loan Do cuments" means, collectively, the Senior Security Instrument, the Senior Note, the Senior Loan Agreement and all of the oth~r:. documents , instruments and agreements now or hereafter evidencing, securing or otherwise 11JJ8{eg:ih 9crJt~HibB,~th the Senior Loan, 11 l fhCORDER'S OFF ICE P.O. BOX 1 45515 Subordination and lntercreditor Agree ment (S LC Corporatio n) 3 SALT LAKE CITY, UTAH 841 bli\-a~5.Jt§ Apartments as the same may from time to time be extended, consolidated, substituted for , modified, increased, amended and supplemented in accordance with the provisions of this Agreement. "Senior Loan Default" means any act, failure to act, event , condition, or occurrence which constitutes an "Event of Default" as defined in the Senior Security Instrument. 2. Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior Lender do not Affect Subordination. (a) Junior Lender hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the Junior Indebtedness is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the prior payment in full of the Senior Indebtedness, and that the liens, rights, payment interests, priority interests and security interests granted to Junior Lender in connection with the Junior Loan and under the Junior Loan Documents are, and are hereby expressly acknowledged to be in all respects and at all times , subject, subordinate and inferior in all respects to the liens, rights, payment , priority and security interests granted to Senior Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof. (b) Except as expressly set forth herein, repayment of the Junior Indebtedness, is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior to a Senior Loan Default (regardless of whether such Senior Loan Default occurs prior to or during the pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and retain payments made pursuant to and in accordance with the terms of the Junior Loan Documents; provided, however, that no such payment is made more than ten (10) days in advance of the due date thereof. Junior Lender agrees that from and after such time as it has received from either Senior Lender or Borrower written notice that a Senior Loan Default then exists (which has not been expressly waived in writing by Senior Lender), Junior Lender shall not receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any payment, property, or asset of any kind or in any form on account of the Junior Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Loan Default of which Junior Lender has been given notice of, or (ii) Junior Lender receives, voluntarily or in voluntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Lender. Junior Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Lender. Senior Lender shall apply any payment, asset, or property so received from Junior Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender shall determine in its sole and absolute discretion. (c) Without limiting the complete subordination of the Junior Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be S ubordination a nd lntercredi tor Agreement (SLC Corporati on) PROPERTY OF SALT LAl<E 4 C ITY RECORDER'S OFFICE Ga rden Lo ft s Apartments P.O BOX 145515 SALT LAKE C ITY, UTAH 84114~55 15 entitled to receive any payment or other distribution on account of or in respect of the Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cas h , any payment or distribution to which Junior Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to Senior Lender. (d) The subordination of the Junior Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. (e) The subordination of the Junior Loan Documents and of the Junior Indebtedness shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Security Instrument and other Senior Loan Documents and of the Junior Security Instrument and other Junior Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the availability of any collateral other than the Property. (f) By reason of, and without in any way limiting, the full subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, all rights and claims of Junior Lender under the Junior Security Instrument or under the Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents , issues and profits therefrom, and the Loss Proceeds payable with respect thereto. (g) If Junior Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property (unless such interest is otherwise excluded from this Agreement as agreed to in writing by Senior Lender), that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Junior Indebtedness and the Junior Loan Documents are subordinate pursuant to this Agreement. Junior Lender hereby acknowledges and agrees that Senior Lender may, without the consent or approval of Junior Lender, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan D ocuments and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Document (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other Subordin ation and lnterc redi to r Agreement (SLC Corporation) 5 PROPERTY OF SALT LAl~E CITY RECORDER'S OFF ICE X 145515 Garden Lofts Apartments ~~L/L~l(E C ITY, UTAH 841 14-5515 property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lender's obligations and agreements hereunder. Notwithstanding the foregoing or any contrary provision of this Agreement, except as otherwise currently set forth in the Senior Loan Documents, Senior Lender agrees that it will not, without Junior Lender's prior written consent in each instance: (i) change the term of the Senior Loan and/or the maturity date of the Senior Indebtedness, (ii) increase the principal amount of the Senior Note or the Senior Indebtedness other than increases pursuant to protective advances made by Senior Lender, or (iii) increase the interest rate payable under the Senior Note or the Senior Loan Documents. 3. Junior Lender Agreements. (a) Without the prior written consent of Senior Lender in each instance, Junior Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Junior Loan Documents in any material manner, or (ii) pledge, assign, transfer, convey, or sell any interest in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any payment on account of the Junior Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof; or (iv) take any action which has the effect of increasing the Junior Indebtedness; or (v) appear in, defend or bring any action in connection with the Property; or (vi) take any action concerning environmental matters affecting the Property. Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall not collect payments for the purpose of escrowing for any cost or expense related to the Property or for any portion of the Junior Indebtedness. (b) Junior Lender hereby agrees that Senior Lender may, at its option (but without any obligation to do so), at any time (including during the pendency of a Bankruptcy Proceeding), purchase the Junior Loan at par (and without liability for any prepayment premiums or liquidated damages set forth in the Junior Loan Documents). Such transfer and assignment of the Junior Loan shall be without representation or recourse, except that Junior Le nder shall represent that it is the sole holder of the Junior Loan, that it has authority to assign and convey the Junior Loan Documents, that, to the best of its knowledge, there are no defaults or breaches under the Junior Loan Documents, and as to the total amount then outstanding under the Junior Loan .. Junior Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan Default, Enforcement Action Notice or other material notice given by Junior Lender under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to cure any Junior Loan Default until ninety (90) days following Senior Lender's receipt of an Enforcement Action Notice gi ven by Junior Lender as a consequence of the Junior Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under the Junior Loan Documents by reason of Senior Lender hav ing cured any Junior Loan Default. However, Junior Lender acknowledges that all amounts advanced or expended by Senior Lender to cure a Junior Loan Default shall be added to and become a part of the Senior Indebtedness pursuant to the terms of the Senior Security Ins trument. Subordina tion and In tercreditor Agreement (SLC Corp ora tion) 6 PPOPERTY OF SALT LAl<E CITY RECORDER 'S OFF ICE P.O. BOX 145515 Garden Lofts A_partments SALT LAKE CITY, UTAH 84 1 14-55 I 5 (c) In the event and to the extent that each of Senior Lender and Junior Lender have under their respective loan documents certain approval or consent rights over the same subject matters (regardless of whether the obligations or rights are identical or substantially identical), Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. Without limiting the generality of the foregoing, Senior Lender shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. ( d) Junior Lender agrees that in any action commenced to enforce the obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall not be enforceable personally against Borrower or Borrower's assets, and the recourse of Junior Lender for the collection of the Junior Indebtedness shall be limited to actions against the Property and the rents, profits , issues, products, and income from the Property. (e) Junior Lender shall not commence or JOm with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are consolidated, then in either event, the Senior Loan shall first be paid in full before Junior Lender shall be entitled to receive and retain any payment or distribution in respect to the Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and distributions of every kind or character in respect of the Junior Loan to which Junior Lender would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation , any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the Junior Loan and the Junior Loan Documents shall not be affected in any way by Senior Lender electing, under Section 111 l(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition , Junior Lender hereby covenants and agrees that, in connection with a Bankruptcy Proceeding inv olving Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii) not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan, and (iii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute and deliver to Senior Lender powers of attorney, assignments or other instruments as may PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE Subordination and In tercreditor Ag reement (S LC Corporation) 7 P.O. BOX 1 45515 Garden Lofts ,}Partments SALT LAl<E CITY, UTAH 841 14-5015 be requested by Senior Lender in order to enable it to exercise the above-described authority or powers with respect to any or all of the Junior Loan Documents, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to any of the Junior Loan Documents to Junior Lender. (f) Junior Lender covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lender hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or remedy under the Senior Loan Documents, or by any other act or failure to act by Senior Lender. Junior Lender acknowledges that Senior Lender, at its sole option, may release all or any portion of the Property from the lien of the Senior Security Instrument, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Property by Senior Lender, to require the separate sales of any portion of the Property or to require Senior Lender to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender. Except as otherwise provided herein, at any time or from time to time and any number of times, without notice to Junior Lender and without affecting the liability of Junior Lender, (a) the time for payment of the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower's performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into , may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Document may be extended, consolidated, modified or amended b y Senior Lender and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the Junior Security Instrument and other Junior Loan Documents automatically shall terminate with respect to such Property upon Senior Lender's acquisition of title. (g) Junior Lender acknowledges that it entered into the transactions contemplated by the Junior Loan Documents and made the Junior Loan to Borrower without reliance upon any information or advice from Senior Le nder. Junior Lender made its own underwriting analysis in connecp ~, ~t~,l~FJBµJ;g fl ~@,<l,11, its own credit C ITY RECORDEl~'S OFF ICE P.O. BOX 1455 15 S ub ordinatio n and lntercreditor Agreement (SLC Corporation) 8 SALT LAl<E C ITY, UTAH 8 da1ct"h4 bfft5 Ap~rtments review of Borrower, and investigated all matters pertinent, in Junior Lender's judgment, to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges that it is a sophisticated, experienced commercial lender, and was represented by competent counsel in connection with this Agreement. (h) Junior Lender hereby represents and warrants that, as of the date hereof, the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender hereby further represents and warrants that: (i) Junior Lender is now the owner and holder of the Junior Loan Documents; (ii) the Juni.or Loan Documents are now in full force and effect; (iii) the Junior Loan Documents have not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the Junior Loan Documents has occurred; (v) the current outstanding principal balance of the Junior Indebtedness is $1,000,000; (vi) no scheduled monthly payments under the Junior Loan Documents have been or will be prepaid except with the prior written consent of Senior Lender; (vii) none of the rights of Junior Lender under any of the Junior Loan Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise; and (viii) there are no other Junior Loan Documents other than those listed on Exhibit B hereto. Borrower further represents and warrants that it has provided to Senior Lender a true, complete, and correct copy of all the Junior Loan Documents. 4. Standstill Agreement; Right to Cure Senior Loan Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Security Instrument has been released and discharged, Junior Lender shall not without the prior written consent of Senior Lender, which may be withheld in Senior Lender's sole and absolute discretion, take any Enforcement Action, including, without limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender's remedies under the Junior Security Instrument or any of the other Junior Loan Documents (including, without limitation, the commencement of any judicial or non-judicial action of proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) created by the Junior Security Instrument) or (iii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower; provided, however, that such limitation on the remedies of Junior Lender shall not derogate or otherwise limit Junior Lender's rights, following an event of default under the Junior Loan Documents to (a) compute interest on all amounts due and payable under the Junior Loan at the default rate described in the Junior Loan Documents, (b) compute prepayment premiums and late charges, and (c) enforce against any person , other than Borrower and any guarantors or indemnitors under the Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior Loan. (b) Senior Lender shall, simultaneously with the sending of any notice of a Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the Senior Loan Documents; prov ided, however, failure to do so s hall not affect the validity PROPERTY OF SALT LAl<c CITY RECORDER'S OFflCE Subordination a nd lntercreditor Ag reeme nt (S LC Corp oration) 9 P.O . BOX 145515 Garde n Lofts Af a rtments SALT LAKE CITY, UTAH 84114 -55 5 of such notice or any obligation of Borrower to Senior Lender and shall not affect the relative priorities between the Senior Loan and the Junior Loan as set forth herein. Borrower covenants and agrees to forward to Junior Lender, within three (3) business days of Borrower's receipt thereof, a copy of any notice of a Senior Loan Default Borrower receives from Senior Lender. (c) Junior Lender shall have the right, but shall have no obligation, to cure any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, it shall so notify Senior Lender and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of Junior Lender having cured any Senior Loan Default. However, Senior Lender acknowledges that, to the extent so provided in the Junior Loan Documents, amounts advanced or expended by Junior Lender to cure a Senior Loan Default may be added to and become a part of the Junior Indebtedness. (d) Junior Lender agrees that, notwithstanding any contrary prov1s10n contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a default under the Junior Loan Documents if no other default occurred under the Junior Loan Documents. (e) Junior Lender acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the Junior Security Instrument (including a conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lender) who acquires title to the Property pursuant to the foreclosure proceeding ( or pursuant to the exercise of a power of sale contained in the Junior Security Instrument) shall not be deemed to be automatically approved by Senior Lender. 5. Insurance. Junior Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property. Nothing in this paragraph shall affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument. 6. Default. Junior Lender and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lender, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any Sub ordination and lnte rc reditor Agreement (S LC Corporation) 10 PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE P.O. BOX 1 45515 Garde n Lofts Apartments SALT LAl<E CITY, UTAH 84114-5515 party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. 7. Enforcement Costs. Borrower agrees to reimburse Senior Lender for any and all costs and expenses (including reasonable attorneys' fees) incurred by Senior Lender in connection with enforcing its rights against Junior Lender under this Agreement. 8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail , return receipts requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows: To Junior Lender: If to Senior Lender: With a copy to: Prior to the Conversion Date, with a copy to: City of Salt Lake PO Box 145488 451 South State Street, Room 406 Salt Lake City, Utah 84114 Attention: Housing & Neighborhood Development Facsimile: (801) 535-6131 Citibank, N .A . 388 Greenwich Street, 8th Floor New York, New York 10013 Attention: Transaction Management Group Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (212) 723-8209 Citibank, N.A. 325 East Hillcrest Drive, Suite 160 Thousand Oaks , California 91360 Attention: Operations Manager/ Asset Manager Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (805) 557-0924 Citibank, N.A. 388 Greenwich Street, 8th Floor New York, New York 10013 Attention: Account Specialist Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (212) 723-8209 Following the Conversion Citibank N .A. Date, with a copy to: c/o Berkadia Commercial Servicing Department 323 Norristown Road, Suite 300 Ambler, Pennsylvania 19002 PROPERTY OF SALT LA!<E CITY RECORDER'S OFFICE Subordination and lnterc redito r Ag reement (S LC Corporati on) 11 P.O . BOX l 455 l 5 Gar d v.n Lofts J).pa rtmen ts SALT LAl<E CITY, UTAH tl4 1 14 -o..> 1 -i Attention: Client Relations Manager Re: Garden Lofts Apartments Deal No . 24974 Facsimile: (215) 328 -0305 And a copy of any notices Citibank, N.A. of default sent to: 388 Greenwich Street New York, New York 10013 Attention: General Counsel 's Office Re: Garden Lofts Apartments Deal No . 24974 Facsimile: (646) 291-5754 or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for. 9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A) COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS W AIYER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VO LUNT ARIL Y WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. 10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Junior Loan Documents, other than by reason of payments which Junior Lender is obligated to remit to Senior Lender pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure , of ( or the exercise of a power of sale contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure , of ( or the exercise of a power of sale contained in) the Junior Security Instrument, but only if such acquisition of title does not violate any of the terms of this Agreement. Subordina tion and In terc redito r Ag reement (S LC Corporation) 12 PROPERTY OF StLT LAl<E CITY RECOF?DER'S OFFICE P.O. BOX l 45515 SALT LAKE C ITY, UTAH 84114-5515 Garden lofts Apa rtments 11. Miscellaneous. (a) Junior Lender shall, within ten (10) business days following a request from Senior Lender, provide Senior Lender with a written statement setting forth the then current outstanding principal balance of the Junior Loan, the aggregate accrued and unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior Lender, any default or event of default exists under the Junior Loan, and containing such other information with respect to the Junior Indebtedness as Senior Lender may require. Upon notice from Senior Lender from time to time, Junior Lender shall execute and deliver such additional instruments and documents, and shall take such actions, as are required by Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement. (b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender may only assign its rights and interests hereunder following the prior written consent of Senior Lender, which consent may be withheld or conditioned in its sole and absolute discretion. (c) Senior Lender hereby consents to the Junior Loan and the Junior Loan Documents; provided, however, that this Agreement does not constitute an approval by Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby consents to the Senior Loan and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval b y Junior Lender of the terms of the Senior Loan Documents. (d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement. (e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION, MA TIERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. (f) Time is of the essence m the performance of every covenant and agreement contained in this Agreement. (g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, ill egal or unenforceable prov ision or Subordination and lntercreditor Agreement (SLC Collloration) 13 PROPERTY OF Sfa.LT l.Al<E CITY RECORDEr,?'S OFFICE P.O . BOX 145 515 SALT LAl<E CITY, UTAH @Wie1 lf-ts p1a!J11ents remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability. (h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the Junior Loan Documents respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lender's rights or Junior Lender's rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lender's forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lender and Junior Lender (and their respective successors, assigns and participants), and no other person (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in thi s Agreement is intended, or shall be construed to , relieve or discharge the obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the Junior Loan Documents), (c) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to , or shall be construed to , give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lender or Junior Lender. (j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lender and Junior Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (1) Nothing herein or in any of the Senior Loan Documents or Junior Loan Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of Junior Lender. 12. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Senior Lender and Borrower each represents , solely with respect to itself and its agents and Subordination a nd lnte rcredito r Agreem ent (SLC Corporation) 14 PROPERTY OF SALT LA!<E CITY RECORDER'S OfflCF P.O. BOX 145515 Garden Lofts Apartments SALT LAl<E CIW, UTAH 84114-5515 employees, that it has not: ( 1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee , other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code 13. Attached Exhibits. The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof: Exhibit A -Legal Description Exhibit B -Junior Loan Documents Exhibit C-Modifications to Subordination and Intercreditor Agreement The terms of thi s Agreement are modified and supplemented as set forth in said Exhibits. To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Subordination and lntercreditor Agreement (SLC Corporation) 15 Pl~OPERTY OF SALT LA:<:: CITY f<ECORDE:R'S CF-ICE P.O . BOX 145515 SALT LAl<E Clfr, UTl"\HGag'zt f,~t P~'titt s IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above. ATTEST: r STATE OF UTAH COUNTY OF SALT LAKE JUNIOR LENDER: SALT LAKE CITY CORPORATION, a Utah municipal corporation By: ~fl'),(?~ acquelineM.Biskupski,Mayor Approved as to Form Salt Lake City Attorney's Office By:m:KefuK nnberly K. Chytraus t9oil:'.:'. Attorney Date: \ 2D I] On December l3 2017 before me, ~ \ 1\"\0V\.t... rb\rl:\t)( , personally appeared Jacqueline M. Biskupski who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her s ignature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature ~ Subordination and lnte rcreditor Agree ment (S LC Co)l'.loration) of Notary Public NOTARY PUBLIC SIMONE BUTLER 697404 COMM ISSION EXPIRES OCTOBER 25, 2021 STATE OF UTAH S-1 P,,OPEr.Ty _)~ ! I I'\ Cl'IY l~ECORDER" OF, I ~'-" P.O BCX l 45515 SALT LA1<1: CffY, U iAH a 4°ttf1s~s{rrt ments SENIOR LENDER: CITIBANK, N .A. By:------------ Name: Bryan Barker Title: Authorized Signatory GENERAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA COUNTY OF ----- ) ) ) On December_, 2017, before me, _______________ , N otary Public, personally appeared Bryan Barker, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Subordina tion and lntercred itor Agreement (S LC Corpora tio n) S-2 (Seal) PROPERTY OF SALT LAl<E C ITY RECORDER'S OFFICE P.O . BOX l 45515 SALT LAl<E C ITY, UTAH 84114-5515 Garden Lofts Apartme nts ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: STATE OF UTAH ) ) COUNTY OF SALT LAKE ) BORROWER: GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP, LLC, a Utah limited liability company Its: General Partner By: --------- Name: Jeffrey S. Nielson Title: Manager On December , 2017 before me, , Notary Public, personally appeared Jeffrey S. Nielson, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name(s) is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sub ordinati o n and lntercredito r Agreeme nt (SLC Corp oration) Signature of Notary Public S-3 PROPERTY OF SALT LAl<E CITY RECORDER 'S OFFICE P.O. BOX l 45515 SALT LAKE CITY, UTAH 84114-5515 Gard e n Lofts Apartments EXHIBIT A LEGAL DESCRIPTION All of Lot 1, SALT CITY PLAZA MINOR SUBDIVISION, located in the Southeast Quarter of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian, more particularly described as follows: Beginning at a point on the West line of Lot 5, Block 32, Plat "A", Salt Lake City Survey, said point also being in the East right-of-way line of 200 West Street, said point lies South 00°01 '45" West from the Northwest comer of said Lot 5, along the West line of Lot 5, 239.40 feet, said point also lies South 00°00'48" East along the monument line of 200 West Street 306.39 feet and North 89°59'12" East 70.81 feet from the Salt Lake City Survey Monument in the intersection of200 West Street and 500 South Street and running thence North 89°54'10" East 165. 04 feet to the East line of said Lot 5; thence North 00°01 '44" East along said East line 129 .87 feet; thence East 36.58 feet; thence South 6.65 feet; thence East 19.13 feet; thence South 7.33 feet; thence East 65.14 feet; thence South 45 °00'00" East 15.84 feet ; thence East 44.16 feet ; thence South 45 °00'00" East 11.73 feet; thence East 103 .58 feet; thence South 45°00'00" East 27.06 feet; thence East 22.84 feet to the East line of Lot 7 of said Block 32; thence South 00°01 '41" West along said East line and the extension thereof 171 .50 feet; thence South 89°54'05" West 95.03 feet; thence South 00°01'42" West 198 .60 feet; thence South 89°53'54" West 32.88 feet; thence South 00°01 '42" West 127.56 feet to the South line of Lot 2 of said Block 32, said point also being on the North right-of-way line of 600 South Street; thence South 89°53'46" West along said right-of-way 202.18 feet to the Southwest comer of Lot 3 of said Block 32 ; thence North 00°01'44" East along the West line of said Lot 3 and the extension thereof 354.95 feet; thence South 89 °54'06" West 165.04 feet to the West right-of- way line of said 200 West Street; thence North 00°01 '45" East along said West line 66.04 feet to the point of beginning. Tax Parcel No.: 15-01-476-021 Subordination and lntercreditor Agreeme nt (S LC Corporation) A-1 PROPERTY OF SALT LAl<E CITY RECORDER'S Off ICE P.O. BOX 145515 SALT LAKE CITY, UTAH 84114-5515 Gardea Lofts Apartments EXHIBITB JUNIOR LOAN DOCUMENTS 1. Promissory Note, dated as of the date hereof, made by Garden Lofts Holdings, LP, a Utah limited partnership ("Borrower") to Salt Lake City Corporation, a municipal corporation of the State of Utah ("Junior Lender"). 2 . Loan Agreement, dated as of the date hereof, by and between Borrower and Junior Lender. 3. Trust Deed with Assignment of Rents, dated as of the date hereof, made b y Borrower for the benefit of Junior Lender. Subordination and lntercreditor Agreement (S LC Coll)oralion) B-1 PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE P.O BOX 145515 SALT LAl<E CITY, UTAH 84114-5515 Garden Lofts Apartments EXHIBIT C MODIFICATIONS TO SUBORDINATION AND INTERCREDITOR AGREEMENT The following modifications are made to the text of the Agreement that precedes this Exhibit: None. Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement. Subord ination and Intercreditor Agreement (SLC Corporation) C-1 Garden Lofts Apartments Exhibit 5 Recorded HTF Loan LOAN AGREEMENT Garden Lofts Holdings, LP (Garden Lofts Project) RECORDED DEC 1 4 2017 _________________ C_ITY____:_;Ro=-ECORDER THIS AGREEMENT is by and between SALT LAKE CITY CORPORATION, a munici pal corporation of the state of Utah, hereinafter called the "City," and Garden Lofts Holdings, LP, hereinafter called the "Borrower," and is dated the date that the City Recorder attests the applicable City signature (which date shall be the recordation date). WHEREAS, the Borrower has applied to the City for a loan from the City's Housing Trust Fund for the Garden Lofts project located at 154 West 600 South in Salt Lake City, Utah (the "Project"); and WHEREAS, the City is willing to make said loan to the Borrower on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE 1 THE LOAN SECTION 1.01-THE LOAN, NOTE AND RATE Subject to the terms and conditions of this Agreement, the City hereby agrees to loan to Borrower, and the Borrower hereby agrees to borrow from the City and repay to the City or its assigns, a sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000) (the "Loan"). The obligation of the Borrower to repay the Loan shall be evidenced by a Promissory Note (the "Note") of the Borrower in a form satisfactory to the City, dated on the date on which the Loan is made (the "Closing Date "), payable over thirty-five (35) years with payments commencing and continuing as more fully set forth in the Note, and pa yable to the order of the City for the amount of the Loan with interest on the unpaid principa l at the rate of two and one-half perce nt (2 .5%) per annum. The City's loan shall be secured by a trust deed (the "Trust Deed ") on the Proje ct. The documents evidencing and securing the Loan are herein collectively referred to as the "Loan Documents." SECTION 1.02-THE TERM AND REPAYMENT (a). The term of the Loan shall be for thirty-eight (38) years beginning upon date of funding. The first three (3) years Borrower shall pay interest only. The first payment shall be due at the end of the three (3) year interest only period on April 1 , 2021 in the amount of $75,000 (the "First Payment"). Subsequent payments shall thereafter be made annually ("Annual Payments") comme nc ing on April 1, 2022 and on each April 1 thereafter, until all monies owed to the City have been paid in full. The maximum amount of th e Annual Payment shall be $42,899.43; provided, howeve r, the amount of each Annual Payment shall be limited to the amount of the available Surplus Cash, it being understood that the Borrower shall not be in default if it pays the Surplus Cash, or if there is no Surplus Cash, if no Annual Payment is made for the period when no Surplus Cash is available. Borrower will provide a copy of Borrower's full annual audit each year within thirty (30) days of the completion of the annual audit and such annual audit shall be the conclusive evidence of the availability of Surplus Cash for repayment of the Loan. The City acknowledges that available Surplus Cash will be split evenly between payment on the City's Loan and the Olene Walker Housing Trust Fund Loan. (b). For purposes of this Agreement, "Surplus Cash" shall mean with respect to any period, 75% any revenues of the Borrower remaining after paying, or setting aside funds for paying, all of the following: (i) All sums due or currently required to be paid (including but not limited to any deposits to a principal reserve fund) under that project loan agreement (the "Senior Loan Agreement"), defined in that certain Subordination Agreement (the "Subordination Agreement") dated as of December __ , 2017, by and between Citibank, N.A. ("Senior Mortgagee"), City and Borrower; (ii) All deposits to any replacement reserve, completion/repair reserve or other reserve or escrow required by the Borrower's Senior Mortgagee and investor limited partner; (iii) All fees due or currently payable by the Borrower in connection with any loan senior to the City's loan as such requirements are described in Senior Loan Agreement and Subordination Agreement; and (iv) All reasonable operating expenses of the mortgaged property defined in the Senior Loan Documents (the "Mortgaged Property"), including but not limited to real estate taxes, insurance premiums, utilities, building maintenance, painting and repairs, management fees, payroll , administrative expenses, legal expenses and audit expenses (including any fees, deposits or escrows payable under the Borrower's organizational documents, but excluding any developer fees payable with respect to the Mortgaged Property). (c). Interest shall commence accruing on the date of this Agreement. Each Annual Payment shall be applied first to accrued interest, then to currently due interest, and then to the repayment of principal. If Surplus Cash is not sufficient to make a full First or Annual Payment required under this loan then the unpaid principal portion of such payment shall be deferred and the interest shall accrue and be added to the next Annual Payment. If the Loan has not been fully repaid by the end of the loan term, or if the Loan has not otherwise been paid in full, the City, at its discretion, may call the entire outstanding loan amount due or at the City's sole discretion renegotiate the Loan with the Borrower. Borrower acknowledges that the Loan shall become immediately due and payable to the City if the use of the Project changes from what is described in Section 1.04, without the prior written of consent of the City which consent shall not be unreasonably withheld, conditioned , or delayed. Borrower acknowledges that the City will require an annual report from the Borrower. The annual report will include information on the two hundred seventy two (272) units funded by the City. Borrower will provide documentation on tenant income verifying units are occupied by persons at 60% of area median income or below. These reports will be reviewed and verified by the Housing and Neighborhood Development Staff. 2 All payments shall be applied first to late fees, if any, then to interest, and then to principal. All payments shall be made when due to the City at its address as City may designate in writing. SECTION 1.03-PERSONAL GUARANTEE Not applicable . SECTION 1.04-PURPOSE OF LOAN The purpose of this Loan is for the construction of the Project consisting of 272 income restricted rental units for households earning at or below 60% of the area median income. The Borrower agrees that it shall apply funds received by it under this Agreement in accordance with the purpose stated above . The Borrower further agrees that no application of any funds received from the City hereunder shall be made in violation of federal or state law or Salt Lake City ordinances. SECTION1 .05-DUL Y ORGANIZED The Borrower certifies that it is a Utah limited partnership in good standing , having been organized on October 16, 2017. SECTION 1.06-TERMS, COVENANTS AND CONDITIONS Borrower agrees to abide by and be bound by the attached Terms , Covenants and Conditions marked as Exhibit "A," and the Use of Proceeds marked as Exhibit "B," and incorporated herein by this reference . Borrower acknowledges that it has received a copy of such Terms, Covenants and Conditions, and the Use of Proceeds, has read the same, and accepts them as legal binding parts of this Loan Agreement. SECTION 1.07-FEES Not applicable. IN WITNESS WHEREOF, the parties hereto are signing this Agreement as of the date stated in the introductory clause. RECORDED DEC t 4 2017 CITY RECORDER ATTEST: ~ City RBCOrder 3 CITY: Salt Lake City Corporation, a Utah municipal corporation By Q::r&f/1:/:~ STATE OF UTAH :ss COUNTY OF SALT LAKE ) GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP , LLC, a Utah limited liability company its General Partner The foregoing instrument was duly acknowledged before me this ] 4~ day of December, 2017, by Jeffrey S. Nielson, Manager of Garden Lofts GP, LLC , a Utah limited liability company that is the General Partner for Garden Lofts Holdings LP, a Utah limited partnership . • ARNAE BALLANTYNE ttJWff PIAIJC•STAlE OFIIJ'AH COMMISSION# 680146 COMM, EXP. 01·18-2019 Salt Lak e County, Utah 4 ACKNOWLEDGEMENT OF RECEIPT OF COPY OF TERMS, COVENANTS AND CONDITIONS TO LOAN AGREEMENT COMES NOW the Undersigned, hereinafter referred to as the "Borrower ," and acknowledges receipt of a copy of Ex hibit A, "Terms , Covenants and Conditions," and Exh ibit B, "Use of Proceeds" to Loan Agreement and acknowledges that he has read the same, and acknowledges his agreement t o accept them as legal and binding parts of the Loan Agreement. DATED this / 4ft day of December, 2017. GARDEN LOFTS HOLDINGS, LP, a Utah li m ited partnership By: Garden Lofts GP, LLC, a Utah lim ited liability company its General Partner Jeffrey S Nielson 5 SALT LAKE CITY CORPORATION EXHIBIT "A" TO LOAN AGREEMENT TERMS, COVENANTS AND CONDITIONS It is expressly agreed by the parties that this Exhibit is incorporated in and a part of that certain Loan Agreement by and between Salt Lake City Corporation (the "City") and Garden Lofts Holdings, LP, a Utah limited partnership, (the "Borrower"), and that all of the terms, conditions and provisions set forth below are to apply to that Agreement and are made a part of that Agreement as though they were expressly rewritten , incorporated and included therein. ARTICLE II REPRESENTATIONS AND WARRANTIES The Borrower Represents and Covenants the Following: SECTION 2.01: DULY AUTHORIZED The making and performance by the Borrower of this Agreement, and the execution and delivery of the Note, and any security agreements and Instruments have been duly authorized by all necessary action, including but not limited to company, partnership or individual action, and will not violate any law, rule, regulation, order, writ, judgment, decree, determination or award presently in effect having applicability to the Borrower or any provision of the Borrower's Partnership Agreement, dated ___________ (the "Partnership Agreement"), or result in a breach of or constitute a default under any indenture or bank loan or credit agreement or any other agreement or instrument to which the Borrower is a party or by which it or its property may be bound or affected. SECTION 2.02: LEGALLY BINDING INSTRUMENTS When this Agreement is executed by the Borrower and the City, and when the Note is executed and delivered by the Borrower for value , each such instrument shall constitute the legal, valid, and binding obligation of the Borrower in accordance with its terms. Any security agreements and instruments, financing statements, mortgages, trust deeds, and other liens on collateral or real estate with respect to the Loan shall constitute legal, valid and binding liens. The City acknowledges it is subordinating its Loan and the collateral for such Loan as set forth in the Subordination Agreement to certain senior financing previously disclosed to the City and will share second priority with the lien in favor of the Olene Walker Housing Loan Fund (the "Olene Walker Loan") SECTION 2.03: NO LEGAL SUITS There are no legal actions, suits , or proceedings pending or, to the knowledge of the Borrower, threatened against the Borrower before any court or administrative agency, whi c h, if determined adversely to the Borrower, would have a material adverse effect on the financial condition or business of the Borrower. 6 SECTION 2.04: NO LEGAL AUTHORIZATION NEEDED No authorization, consent or approval, or any formal exemption of any Governmental body, regulatory authorities (Federal, State or Local) or mortgagee, creditor or third party is or was necessary to the valid execution and delivery by the Borrower of this Agreement, the Note, any security agreement, financing statement or the Trust Deed. SECTION 2.05: NOT IN DEFAULT The Borrower is not in default of any obligation , covenant, or condition contained in any bond, debenture, note or other evidence of indebtedness or any mortgage or collateral instrument securing the same. SECTION 2.06. TAXES ARE PAID The Borrower ha s filed all tax returns which are required and has paid or made provision for the payment of all taxes which have or may become due pursuant to said returns or pursuant to any assessments levied against the Borrower or its personal or real property by any ta xing agency, federal, state or local. No tax liability has been asserted by the Internal Revenue Service or other taxing agency, federal, state or local for taxes materially in excess of those already provided for the Borrower knows of no basis for any such deficiency assessment. SECTION 2.07: NO ADVERSE CHANGE The Borrower certifies th at there has been no adverse change since the date of loan application in the financial condition , organization, operation, business prospects, fi xed properties, or personnel of the Borrower. ARTICLE Ill CONDITIONS OF LENDING The obligation of the City to make the Loan shall be subject to the fulfillment at the t ime of funding of each of the following conditions: SECTION 3 .01 : EX ECUTION OF AUTHORIZATION The Borrower shall have executed and delivered to the City the loan commitmen t, if applicable. SECTION 3.02: EXECUTION AND DELIVERY OF NOTE AND LOAN AGREEMENT The Borrower shall have executed and delivered to the City this Loan Agreement and the Note in a form satisfactory to the City and its counsel. SECTION 3.03: EX ECUTION AND DELIVERY OF SECURITY AGREEMENT AND MORTGAGE If required by the City, the Borrower shall have executed and delivered to the City a security ag reement and financing statements in a form satisfactory to the City, giving the City 7 security in all of the collateral and personal property acquired with the Loan proceeds, and/or the Borrower shall have executed and delivered to the City, the Trust Deed on the real estate . Said security agreement (the "Security Agreement"), financing statements (the "Financing Statements") and Trust Deed shall be free and clear of all prior liens and encumbrances, except as provided for Section 2.02 herein . The Security Agreement, Financing Statements and Trust Deed are to secure payment of the principal of the Note, the interest thereon, and any other sums payable by the Borrower hereunder. SECTION 3.04: EXECUTION AND CERTIFICATION OF RESOLUTION OF BOARD OF DIRECTORS OR CERTIFICATE OF PARTNERSHIP If required by the City, the Borrower shall have executed and delivered to the City a duly certified copy of a Resolution of the Manager of the General Partner of the Borrower authorizing the execution and delivery by the Borrower of this Agreement, the Note, and Security Agreement and Trust Deed. SECTION 3.05: CORPORATE OR PARTNERSHIP PAPERS The Borrower shall have delivered to the City if requested , copies of the Borrower's Partnership Agreement, Certificate of Limited Partnership, W-9. SECTION 3.06 : TITLE INSURANCE Borrower shall provide to Lender a current title commitment for City's review, At Closing, the Borrower shall have secured lenders title insurance in the form and issued by companies satisfactory to the City, in the amount of the Loan, insuring the City's lien under the Trust Deed , subject only to exceptions approved by the City if no loan commitment is issued. The title policy shall show no delinquent taxes or assessments affecting the real property or any part thereof on the date of closing except as approved by the City. SECTION 3.07 : GOVERNMENTAL APPROVAL The Borrower shall have secured all necessary approvals or consents, if required, of Governmental bodies having jurisdiction with respect to its business .. If this Loan is to be used for construction , Borrower shall have obtained all required building and other applicable permits and approvals . SECTION 3.08 : APPROVAL OF OTHERS The Borrower shall have secured all necessary approvals or consents required with respect to this transaction by any mortgagor, creditor or other party having any financial interest in the Borrower. The Borrower will provide evidence of all funding commitments and executed tax credit investor agreement. ARTICLE IV AFFIRMATIVE COVENANTS OF THE BORROWER The Borrower agrees to comply with the following covenants from the date hereof until the City has bee n fully repaid with interest, unless the City or its a ssigns sh all otherwise consent in writing: 8 SECTION 4.01: PAYMENT OF THE LOAN The Borrower agrees to pay punctually the principal and interest on the Note according to its terms and conditions and to pay punctually any other amounts that may become due and payable to the City under or pursuant to the terms of this Agreement or Note. In the event City or its agent or assignee accepts a late payment after the date on which such payment is due, the Borrower agrees to pay a late payment charge equal to five percent of the late amount or ONE HUNDRED and NO/100THS DOLLARS ($100.00), whichever is greater, as compensation for additional collection efforts. Subject to any provisions to the contrary in the Senior Loan document or Subordination Agreement, the Borrower reserves the right to prepay at any time all or any part of the principal amount of the Note without the payment of penalties or premiums. All payments on this Note shall be applied first to late charges, if any, then to the interest due on the Note, and then to the principal due on the Note. SECTION 4.02: PAYMENT OF OTHER INDEBTEDNESS The Borrower agrees to pay punctually the principal and interest due on any other indebtedness now or hereafter at any time owing by the Borrower to the City or any other entity. SECTION 4 .03: MAINTAIN AND INSURE PROPERTY The Borrower agrees at all times to maintain the property provided as security for this Loan in such condition and repair that the City's security interest therein will be adequately protected. If the security is real property, the Borrower also agrees to maintain during the term of the Loan adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and form sufficient to prevent the Borrower from becoming a co-insurer and issued by companies satisfactory to the City with acceptable loss payee clauses in favor of the City. The Borrower further agrees, if at any time during the life of the Loan the Borrower's property is declared to be within a flood hazard area, to purchase Federal Flood Insurance, if available. Such insurance shall be in an amount equal to the lesser of: i) the amount of the Loan; ii) the insurable value of the property; or iii) the maximum limit of coverage available. Subject to any provisions to the contrary in the Senior Loan document or Subordination Agreement, and notwithstanding anything to the contrary contained in the Loan Documents, City agrees to apply all insurance proceeds resulting from casualty to or damage of the real property, including improvements, securing the loan {the "Project") and all payments or awards resulting from a taking for any public or quasi-public purpose by any lawful power or authority by exercise of the power of condemnation or eminent domain toward the restoration , replacement or rebuilding of the Project, or any part thereof, as nearly as possib,le to its value, condition and operational character immediately prior to any such damage, destruction or taking ("Restoration"), provided sufficient funds are available from all sources to complete such Restoration . 9 The Borrower agrees to obtain and maintain during the entire term of this Loan a comprehensive general liability policy of insurance with minimum coverage amounts as required by City from time to time, but for the present, a minimum of $2,000,000 per occurrence and $3,000,000 aggregate. Said insurance shall provide for a minimum of thirty (30) day's prior written notice of cancellation to the City, but cancellation shall not relieve Borrower of this obligation to provide insurance. On all such coverage, City shall be named as an additional insured. Borrower shall furnish to City appropriate certificates of insurance verifying such present and continued coverage, concurrently with the execution hereof. Borrower also agrees to provide additional certificates as changes occur in policies or coverage during the term of this Loan. All policies of insurance provided shall be issued by insurance companies qualified to do business in the State of Utah and listed on the United States Treasury Department's current Department of Treasury Fiscal Services List 4 70, or having a general policyholder's rating of not less than "A-" in the most current available A.M. Best Co., lnc.'s, Best Insurance Report. Upon request, Borrower shall provide satisfactory evidence of appropriate insurance coverage. SECTION 4.04: PAY ALL TAXES The Borrower agrees to duly pay and discharge all taxes, assessments, and governmental charges upon it or against its properties prior to the date on which the penalties attach thereto, except that the Borrower shall not be required to pay any such tax, assessment, or governmental charge which is being contested by it in good faith and by appropriate proceedings. SECTION 4.05: PROVIDE AFFORDABLE HOUSING The loan funds at issue are being provided on the specific condition that no less than one hundred percent (100%) of the total units to be built in the development will be offered and leased under terms affordable to households at or below 60% of area median income, as defined for purposes of administration of the federal Low Income Housing Tax Credit program for a period of not less than fifty-five (55) years from the date the units are first placed into service. The Borrower agrees that any variance from that condition will constitute a breach the conditions of the loan and all loan amounts and interest owing thereon shall immediately become due and payable. The Borrower will provide documentation to the City at initial lease up and through annual reports demonstrating compliance with the affordability restrictions. SECTION 4.06: MAINTAIN LEGAL EXISTENCE The Borrower agrees to maintain its existence, rights , privilege, and franchises within the State of Utah, and remain qualified to do business in each jurisdiction in which its present or future operations or its ownership of property require such qualification. SECTION 4.07: PROVIDE FINANCIAL AND PROJECT INFORMATION The Borrower agrees to maintain adequate records and books of account, in which complete entries will be made reflecting all of its business and financial transactions, such entries to be made in accordance with generally accepted principles of good accounting practice consistently applied in the case of financial transactions. 10 In addition, the Borrower agrees to deliver to the City financial statements, certified by an authorized officer of the Borrower to be true and accurate copies, upo n request. Borrower shall have completed and deliver to City an annual aud it within 30 days of completion. The Bo rrower further agrees to provide written notice to the City of any public hearing or meeting before any administrative or other public agency that may, in any manner, affect the collateral, personal property or real estate securing the Loan (the "Collate ral"). The Borrower agrees to prov ide the City the following notifications and documentation: 1) quarterly progress reports post-closing through project completion; 2) notification of material changes to project financing sources or costs (defined as a change greater than 5%); 3) notification of project lease up; 4) notification of project completion; 5) project certificate of occupancy; 6) final cost certification; 7) property management agent contact information and management agreement. SECTION 4.08: RIGHT TO INSPECTION The Borrower agrees to grant the City, until the Note has been fully repaid with interest, the right during normal business hours to inspect the Collateral used to secure the Loan; and the Borrower further agrees to provide the City free access to the Borrowe r's premises for the purpose of such inspection to determine the condition of the Collateral provided such entry and inspection shall not unreasonably interfere with the construction or operation of the Collateral. SECTION 4.09: NULL AND VOID COVENANTS The Borrower agrees that in the event any provision of this Loan Agreement or any other instrument executed at closing, or the application thereof to any person or circumstances, shall be declared null and void, invalid, or held for any reason to be unenforceable by a Court of competent jurisdiction, the remainder of such agreement shall ne ve rth e less remain in full force and effect, and to this end, the provisions of all covenants, conditions, and agreements described herein are deemed separate. SECTION 4.10: EXPENSES AND CLOSING COSTS If required by the City, the Borrower agrees to pay all fees and charges incurred with respect to the Loan, or its making, or transfer to the City in any way connected therewith , including, but not limited to, the fees and out-of-pocket expenses of local counsel employed by the City, title insurance and survey costs , recording and filing fees, mortgage taxes, documentary stamp, and any other assessments, fees and expenses payable in connection with this transaction and with the enforcement of this Loan Agreement a nd Note. In the event the processing of the Loan is terminated, for whatever reason, or the Loan is not funded , for whatever reason, Borrower agrees to pay all fees of legal counsel employed by City to assist Borrower at the rate of $100.00 per hour, plus out-of-pocket expenses, and the fees of the representative of City at the rate of $150.00 per hour, plus out-of-pocket expenses, within thirty (30) days after billing . Interest shall accrue on unpaid fees at the rate of eighteen percent (18%) per annum compounded monthly. 11 SECTION 4.11: NOTICE OF DEFAULT The Borrower agrees to give written notice to the City of any event, within ten (10) days of the event, which constitutes an Event of Default under this Loan Agreement as described in Article VI herein, or that would, with notice or lapse of time or both, constitute an Event of Default under this Loan Agreement. SECTION 4.12: INDEMNIFICATION Borrower agrees and covenants to hold the City harmless, indemnify and defend it and its officers and agents of and from any and all claims of loss, damages or injury sustained by any person or damage to property and all expenses, including reasonable attorneys' fees , incurred or thereby arising from Borrower's performance under this agreement, including but not limited to any event of default under Article VI herein by the Borrower's principals, staff, agents, contractors or employees. Nothing herein shall be construed to require the Borrower to indemnify the City against the City's negligence or willful misconduct. If any of the following events of default referred to in the subsections listed below ("Event of Default") shall occur and be continuing at the time of such demand, the entire unpaid principal balance of the Note, and the interest then accrued thereon, shall become and be immediately due and payable upon demand, without presentment or protest, if not cured within the applicable cure period following written notice from the City as set forth in this Article VI. The Loan shall be in default whether it is voluntary or involuntary, with or without limitation, it occurred or was brought about by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rules or regulation of any administrative governmental body, provided, however, that such sum shall not be then payable if Borrower's payments have been waived or the time for making the Borrower's payments has been extended by the City. SECTION 4.13: EXPENSES OF COLLECTION OR ENFORCEMENT The Borrower agrees, if at any time the Borrower defaults on any provision of this Loan Agreement, to pay the City or its assigns, in addition to any other amounts that may be due from the Borrower, an amount equal to the reasonable costs and expenses of collection, enforcement or correction or waiver of the default incurred by the City or its assigns in such collection, enforcement, correction, or waiver of default, including reasonable attorneys' fees actually incurred . SECTION 4.14: OTHER CONDITIONS The Borrower agrees to identify City funding on construction signage and in any public project descriptions. ARTICLE V NEGATIVE COVENANTS OF THE BORROWER The Borrower covenants and agrees that, from the date hereof until payment in full of the Note, unless the City or its assigns shall otherwise consent in writing, it will not enter into any agreement or other commitme nt the performance of which would constitute a breach of any 12 of the covenants contained in this Loan Agreement, including, but not limited to, the following covenants: SECTION 5.01: ENCUMBER THE COLLATERAL The Borrower shall neither create nor suffer to exist any mortgage, pledge, lien, charge or encumbrance, including liens arising from judgments on the Collateral except as of record or disclosed to the City in writing prior to the making of the loan hereunder. SECTION 5.02: SELL THE COLLATERAL The Borrower shall not sell, convey, or suffer to be conveyed, lease, assign, transfer, or otherwise dispose of the Collateral unless approved in writing by the City; provided however, that nothing herein shall preclude the lease of individual residential dwelling units. SECTION 5.03: CHANGE OWNERSHIP Except as otherwise stated in the senior loan documents and the restated limited liability partnership agreement, Borrower shall not permit any material change in the ownership structure, control, or operation of the general partner of the Borrower without the written permission of the City, which permission shall not be unreasonably withheld, conditioned, or delayed. ARTICLE VI EVENTS OF DEFAULT If any of the following events of default referred to in the subsections listed below ("Event of Default") shall occur and be continuing at the time of such demand, the entire unpaid principal balance of the Note, and the interest then accrued thereon, shall become and be immediately due and payable upon demand, without presentment or protest, if not cured within the applicable cure period following written notice from the City as set forth in this Article VI. The Loan shall be in default whether it is voluntary or involuntary, with or without limitation, it occurred or was brought about by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rules or regulation of any administrative governmental body, provided, however, that such sum shall not be then payable if Borrower's payments have been waived or the time for making the Borrower's payments has been extended by the City. SECTION 6.01: NON-PAYMENT OF LOAN If the Borrower shall fail to make payment when due of any installment of principal on the Note, or interest accrued thereon and if the default shall remain unremedied for fifteen (15) days after written notice from the City to Borrower. SECTION 6 .02 : NON-PAYMENT OF OTHER INDEBTEDNESS If default shall be made in the payment when due of any installment of principal or of interest accrued on any of the Borrower's other indebtedness secured by any or all of the collateral securing this Loan, including, but not limited to, the Trust Deed of any other lender on 13 this Project or transaction, and if such default shall remain unremedied for thirty (30) days after written notice from the City to Borrower or within any longer applicable cure period. SECTION 6.03: INCORRECT REPRESENTATION OR WARRANTY Any representation or warranty contained in, or made in connection with the execution and delivery of this Loan Agreement, or in any certificate furnished pursuant hereto, shall prove to have been incorrect when made in any material respect and such misrepresentation or warranty has a material adverse effect on the enforceability of the Loan Documents or the value of the Collateral. SECTION 6 .04: DEFAULT IN COVENANTS The Borrower shall default in the performance of any other term, covenant, or agreement contained in this Loan Agreement, and such default shall continue unremedied for thirty (30) days after written notice thereof shall have been given to the Borrower by the City unless the same cannot reasonably be cured within the 30 days in which case the period for cure will be 90 days. SECTION 6.05: VOLUNTARY INSOLVENCY If the Borrower shall become insolvent or shall cease to pay its debts as they mature or shall voluntarily file a petition seeking reorganization of, or the appointment of a receiver, trustee, or liquidation for it or a substantial portion of its assets or to effect a plan or other arrangement with creditors, or shall be adjudicated bankrupt, or shall make a voluntary assignment for the benefit of creditors. SECTION 6.06: INVOLUNTARY INSOLVENCY If an involuntary petition shall be filed against the Borrower under any bankruptcy, insolvency, or similar law or seeking the re-organization of or the appointment of any receiver, trustee, or liquidator for the Borrower, or of a substantial party of the property of the Borrower, or a writ or warrant of attachment or similar process shall be issued against a substantial part of the property of the Borrower, and such petition shall not be dismissed , or such writ or warrant of attachment or similar process shall not be released or bonded within ninety (90) days after filing or levy. SECTION 6.07: JUDGMENTS If any final judgment for the payment of money that is not fully covered by liability insurance and is in excess of $100,000.00 shall be rendered against the Borrower, and within thirty (30) days, shall not be discharged, or an appeal therefrom taken and execution thereon effectively stayed pending such appeal, and, if such judgment be affirmed on such appeal, the same shall not be discharged within thirty (30) days. 14 ARTICLE VII MISCELLANEOUS SECTION 7.01: WAIVER OF NOTICE No failure or delay on the part of the City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No modification or waiver of any provision of this Loan Agreement or of the Note , nor any consent to any department by the Borrower therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. SECTION 7.02: AMENDMENTS; MISCELLANEOUS The Borrower and the City or its assigns, with the concurrence of the City, hereby expressly reserve all rights to amend any provisions of this Agreement, to consent to or waive any departure from the provisions of this Loan Agreement, to amend or consent to or waive departure from the provisions of the Note, and to release or otherwise deal with any collateral security for payment of the Note, provided, however, all such amendments shall be in writing and executed by the City or its assigns and the Borrower. City agrees that the Loan Documents will not be considered to be in default until the expiration of all contracted notice and cure periods provided to the Borrower. The terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. City agrees to deliver a copy of this Agreement to any transferee of its interests in the Loan Documents. If any provision of this Agreement is determined to be unenforceable for any reason , it shall be adjusted rather than voided, to the greatest extent possible, to achieve the intent of the parties. All of the other provisions shall be deemed valid and enforceable to the greatest extent possible. SECTION 7.03: NOTICES All notices, consents, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given to a party hereto if mailed by certified mail , prepaid, to the City at its address set forth below, and to the Borrower at the address set forth below or at such other addresses as any party may have designated in writing to an y other party hereto: CITY: Director Housing and Neighborhood Development PO Box 145488 451 South State Street, Room 406 Salt Lake City, Utah 84114-5488 15 BORROWER: Garden Lofts Holdings, LP 620 South State Street Salt Lake City, UT 84111 Attention: Jeffrey Nielson INVESTOR LIMITED PARTNER: SECTION 7.04: PAYMENTS GSB LIHTC Investor LLC Urban Investment Group c/o Goldman Sachs Bank USA 200 West Street New York, New York 10282 Attention: Urban Investment Group Portfolio Manager Email: gs-uig-docs@gs.com gs-uig-portfo li o-ma nager@gs.co m with a copy to: GSB LIHTC Investor LLC Urban Investment Group c/o Goldman Sachs Bank USA 200 West Street New York, NY 10282 Attention: Michael Lohr Email: michael.l ohr@gs.com with a copy to: Jones Day 100 High Street Boston, MA 0211 O Attention: John D. Kelley Telephone No.: (617) 449-6939 Email: jkelley@jonesday.co m The Borrower shall make payments to the City in accordance with the terms, conditions and instructions contained in the Note. SECTION 7.05: SURVIVAL OF REPRESENTATIONS AND WARRANTIES All agreements, representations, and warranties made by the Borrower here in, or any other document or certificate delivered to the City in connection with the transactions contemplated by this Loan Agreement, shall survive the delivery of this Agreement, the Note , 16 Trust Deed and the Security Agreements hereunder, and shall continue in full force and effect so long as the Note is outstanding. SECTION 7.06: SUCCESSORS AND ASSIGNS This Loan Agreement shall be binding upon the Borrower, its successors and assigns, except that the Borrower may not assign or transfer its rights without City's prior written consent. This Agreement shall inure to the benefit of the City, its successors and assigns, and , except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the Note. SECTION 7.07: COUNTERPARTS This Loan Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7.08: GOVERNING LAW This Loan Agreement and the Note and Security Agreements, Financing Statements and/or Trust Deed shall be deemed contracts made in the State of Utah and , for all purposes, shall be construed in accordance with Utah Law. SECTION 7 .09: ARTICLE AND SECTION HEADINGS Article and Section headings used in this Agreement are for convenience only and shall not affect the construction of this Agreement. SECTION 7 .10: BORROWER DEFINED/USE OF PRONOUNS The word "Borrower'' shall be deemed and taken to mean the party identified as such in the Preamble to this Agreement. The use of the neuter singular pronoun to refer to Borrower or City shall be deemed a proper reference even though Borrower or City may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations . The necessary grammatical changes required to make the provisions of this Loan Agreement apply in the plural sense where there is more than one Borrower and the corporations, associations, partnerships, or individuals, males or females , shall in all instances be assumed as though in each fully e x pressed . SECTION 7.11 : NON-RECOURSE TO BORROWER Notwithstanding anything contained herein or in the Trust Deed to the contrary, it is understood and agreed that the liability of the Borrower for the repayment of the indebtedness evidence by this Note and the performance of the obligations secured by the Trust Deed (the "Secured Obligations") shall be limited solely to the Collateral , and that the City waives any right to seek or obta in a deficiency judgment against the Borrower, Borrower's partners, and the officers, directors, members, pa rtners, shareholders, or employees of Borrower's partners , and agrees that it will look solely to the Collateral for, and that no other property or assets of the Borrower shall be subject to, levy, execution or other enforcement procedure for the satisfaction of the remedies of the City, or for any paym ent required to be made under this Note or for the performance of any of the Secure d Obligations; provided that the foreg o ing no n-recourse provisions (i) shall not constitute a release, forgiveness , waiver or remiss ion of the Secured 17 Obligations, but rather evidence City's agreement not to sue Borrower for any deficiency with respect to the Secured Obligations that may remain unpaid after City's realizati on upon the Collateral, and (ii) shall not limit the right of the City to name the Borrower as a party in any action or suit for foreclosure and sale under the Trust Deed or any other document executed in connection herewith to the extent necessary for foreclosure judgments or other realization upon the Collateral. Notwithstanding the foregoing provisions of this Section 7 .11, Borrower shall be personally liable and shall not be exculpated for any deficiency, loss or damage suffered by City, including City's reasonable attorney's fees and costs, resulting from Borrower's (a) fraud, intentional misrepresentation or gross negligence in connection with the transactions contemplated by the Loan Agreement; (b) waste or deterioration of the Collateral prior to an event of default hereunder; (c) misappropriation of any insurance proceeds payable to City under the Trust Deed; or (d) failure to pay any ta xes, assessments or other charges which could create liens on any of the Collateral which are or could become senior to the liens of the City, or any other liens arising from the consensual acts of Borrower directly, but not otherwise, which are or could become senior to the liens of City in such Collateral, excluding any such consensual liens appearing in City's title insurance policy issued in connection herewith. Nothing herein shall be construed to impose any liability on the Investment Member with respect to the Secured Obligations. SECTION 7.12: REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES Borrower represents as to itself that it has not: ( 1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to brea ch any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code . 18 EXHIBIT "B" TO LOAN AGREEMENT USE OF PROCEEDS Borrower will use the proceeds of the $1,000,000 loan it receives from Salt Lake City Corporation's Housing Trust Fund for the development of the Garden Lofts Apartment Project located at 154 West 600 South in Salt Lake City, Utah as follows: ITEM AMOUNT Development of multi-family apartment units 1,000,000 TOTAL $1,000,000 19 Exhibit 6 Recorded Deed of Trust 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: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Garden Lofts Income Averaging Request & Subordination Request STAFF CONTACT: Amanda Best, Housing Development Program Specialist HAND 801-535-7698, Amanda.Best@slcgov.com DOCUMENT TYPE: Resolution RECOMMENDATION: Request #1: Income Averaging Housing Trust Fund Advisory Board (HTFAB) recommends approving the income averaging amendment to the Garden Lofts Loan. Request #2: Amend Loan to Subordinate to New Loan (Citibank) Housing Trust Fund Advisory Board (HTFAB) recommends approving the additional loan with Citibank and subordinating to Citibank, putting the City’s Housing Trust Fund loan in third position. BUDGET IMPACT: No budget impacts, this request for an adjustment in income restrictions for the rental units and movement in priority of loan. BACKGROUND/DISCUSSION: Wasatch Residential Group, the managing group of Garden Lofts, currently has an $1,000,000 loan from the Housing Trust Fund (HTF) to develop an all affordable multifamily construction project on 3.18 acres of property in downtown Salt Lake City. This development consists of 272 May 4, 2021 Lisa Shaffer (May 5, 2021 12:24 MDT) 05/05/2021 05/05/2021 units, all at or below 60% of Area Median Income (AMI). The loan was recorded on December 14, 2017. The loan was provided using HTF. The development is currently in payback period and is in good standing. The current principal balance is $1,000,000 and accrued interest is $12,500. According to the Promissory Note the term is 38 years, with the first three years borrower paying interest only, and the first payment of $75,000 due on April 1, 2021. Garden Lofts Apartment information can be found at https://www.gardenloftsisyourhome.com. The address is 154 West 600 South, Salt Lake City, UT 84101, located in District 4 under Councilmember Ana Valdemoros. Request #1: Income Averaging According to the City HTF loan documents all units must serve residents at or below 60% AMI based on tenant income verification. Wasatch Residential Group is requesting a change in the loan documents to move from all units at or below 60% AMI to an income averaging of all units. The result would be that the average income level of the entire development will be 60% AMI. Income averaging would allow the housing complex to offset costs within the adjusted range of rents rather than utilizing more subsidy, creating units that have a higher AMI and units that have a lower AMI. As seen in Table 1 and Table 2 below, the units were originally required to serve tenants at or below 60% AMI. With income averaging, the units would be adjusted to allow households ranging from 40% AMI to 80% AMI. However, when contemplating the entire development, the average renter household income will still be 60% AMI. The higher rents collected from households with greater income will offset the deeply affordable rents within the housing complex without the need of more subsidy. The income averaging approach does not create a change in the overall project budget nor in underwriting. This process has recently been approved by Utah Housing Corporation (UHC) and the Low-Income Housing Tax Credit (LIHTC). The Wasatch Residential Group’s LIHTC and Land Use Restriction Agreement (LURA) has already been adjusted to include income averaging for Garden Lofts Apartments. Because this change has taken place in the LIHTC LURA, Wasatch Residential Group is currently out of compliance with the City loan agreement, and thus requesting to make this change. The Federal Consolidated Appropriations Act of 2018 was signed into law on March 23, 2018 and established Income Averaging (IA) as a third minimum set-aside election for Housing Credit (HC) developments. This new election allows developments to designate units as low as 20%, and up to 80% of AMI as long as the average AMI level of the HC units in the project, as defined in line 8b on IRS Form 8609, is 60% or less of AMI. Income averaging is becoming popular with affordable housing funding and is allowable under the County, State, and LIHTC rules and ordinances. This shift would allow for more variety within rents and could allow for a deeper affordability throughout the development, while still receiving needed income from the higher affordability limit. Request #2: Amend Loan to Subordinate to New Loan (Citibank) The original subordination agreement has Salt Lake City Housing Trust Fund Loan in the second position behind Citibank and in front of Olene Walker Housing Loan Fund. The development is currently leased up. The current HTF loan states that the borrower cannot add additional funding after the original loan is in place. Wasatch Residential Group is requesting permission to assume an additional loan, and is asking the City to subordinate its second lien position, placing the new Citibank loan in second lien position, the City in third lien position, and Olene Walker Housing Loan Fund in fourth position. This request was heard by the Olene Walker Housing Loan Fund board on January 28, 2021 in which the board approved the request to subordinate to the Citibank loan. Wasatch Residential Group intends to use the new loan to offset unexpected costs resulting from higher than expected construction costs of the development. The additional loan will allow Wasatch Residential Group to decrease the amount of deferred developer fee for the Garden Lofts Development. Borrower Information: Wasatch Residential Group has an extensive portfolio including both affordable and market rate multi-family housing throughout the Western United States. Wasatch owns/manages over 24 apartment communities in Utah. This group is responsible for developing over 7,600 units and $1 billion in multifamily construction. Here in Salt Lake, they are responsible for constructing and managing Providence Place, Enclave, and 600 Lofts, all affordable housing developments. Wasatch has current Housing Trust Fund financing on both Providence Place and 600 Lofts. In addition, their management affiliate, Wasatch Property Management, currently manages 70 apartment communities around the Western United States. Proposed Loan Amendment: Request #1: Income Averaging When the Federal Consolidated Appropriations Act of 2018 passed allowing income averaging to be an approach to providing affordable housing, Wasatch worked with Utah Housing Coalition to have the Land Use Restricted Agreement (LURA) allow for income averaging. The change would allow for certain rents to increase to 80% AMI and others lower to 40% AMI to allow for the average income of all tenants to be 60% AMI. The unit mix adjustment is in the updated LURA and is represented in the table below. TABLE A: Housing Unit/AMI Mix Current: Type # of Units Income Limits 1 Bed 1 Bath 3 at or below 60% AMI 2 Bed 2 Bath 2 at or below 60% AMI 1 Bed 1 Bath 36 at or below 60% AMI 2 Bed 2 Bath 16 at or below 60% AMI Studio 20 at or below 60% AMI 1 Bed 1 Bath 81 at or below 60% AMI 2 Bed 1 Bath 49 at or below 60% AMI 3 Bed 2 Bath 13 at or below 60% AMI 1 Bed 1 Bath 28 at or below 60% AMI 2 Bed 2 Bath 14 at or below 60% AMI 1 Bed 1 Bath 7 at or below 60% AMI 2 Bed 2 Bath 3 at or below 60% AMI TABLE B: Housing Unit/AMI Mix Proposed: Type # of Units Income Limits 1 Bed 1 Bath 3 80% AMI 2 Bed 2 Bath 2 80% AMI 1 Bed 1 Bath 36 70% AMI 2 Bed 2 Bath 16 70% AMI Studio 20 60% AMI 1 Bed 1 Bath 81 60% AMI 2 Bed 1 Bath 49 60% AMI 3 Bed 2 Bath 13 60% AMI 1 Bed 1 Bath 28 50% AMI 2 Bed 2 Bath 14 50% AMI 1 Bed 1 Bath 7 40% AMI 2 Bed 2 Bath 3 40% AMI This shift would increase the income limits on 57 units to 70% AMI and 80% AMI. This change would not affect the original terms or underwriting of the loan according to Housing Trust Fund Policies and Procedures. HTFAB met on February 3, 2021 to review this request with the developer. Request #2: Amend Loan to Subordinate to New Loan (Citibank) Wasatch Residential Group is also in the process of receiving an additional loan from their primary lender, Citibank. This loan is to offset developer fee costs and other costs that have increased this last year. The additional loan would take second position behind the first Citibank loan, moving the Salt Lake City Housing Trust Fund loan to third position. The current loan states that, “The borrower shall neither create nor suffer to exist any mortgage, pledge, lien, charge or encumbrance… except as of record of disclosed to the City in writing prior to the making of the loan hereunder.” The amendment to add a loan would contradict that section, thus the loan will have to be amended for that section as well. The additional loan has not yet closed and is scheduled to close after all approvals have been received. As of January 28, 2021 the Olene Walker Loan Fund has approved this additional loan. The additional Citibank loan would be for $1,200,000, is not tax exempt and requires hard payments. Wasatch Residential Group is requesting that Salt Lake City amend the subordination agreement to include the additional loan and move to third lien position. A new Deed of Trust and an amendment to the Loan would also be needed. Board Approval: Request #1: The HTFAB recommended approval of amending the Garden Lofts HTF Loan to allow for income averaging across the development to 60% AMI on November 4, 2020. Request #2: The HTFAB recommended approval of amending the Garden Lofts HTF Loan to accept the additional Citibank Loan on February 3, 2021. This would move Salt Lake City to third in line for repayment. PUBLIC PROCESS: HTFAB held a public meeting and reviewed the Income Averaging request on November 4, 2020 and the Subordination Amendment on February 3, 2021. The board unanimously recommended approval of both amendments. No other public process is required. EXHIBITS: 1. Resolution 2. Updated LURA 3. Draft Subordination Agreement 4. Recorded Subordination Agreement 5. Recorded HTF Loan 6. Recorded Deed of Trust Exhibit 1 Resolution RESOLUTION NO. _____ OF 2021 Authorizing a loan amendment from Salt Lake City’s Housing Trust Fund To Garden Lofts Holdings, LP WHEREAS, Salt Lake City Corporation (the “City”) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, Garden Lofts Holdings, LP (the “Borrower”), has an existing loan (the “Loan”) for the construction and long-term financing of an affordable multifamily housing development with 272 units (the “Project”) located at 154 West 600 South, Salt Lake City, Utah (the “Property”); and WHEREAS, the Project construction is complete; and WHEREAS, the Borrower has requested that the terms of the Loan be amended as described on the attached term sheet (the “Term Sheet”); and WHEREAS, on November 4, 2020 and February 3, 2021, the Housing Trust Fund Advisory Board (the “Board”) recommended approval of the loan amendment as set forth on the Term Sheet; and WHEREAS, the City recommends the loan amendment described on the attached Term Sheet based on its underwriting of the Project. NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. That the City Council hereby approves amending the existing loan documents as set forth on the Term Sheet, subject to revisions that do not materially adversely affect the rights and obligations of the City hereunder. 2. That Erin Mendenhall, Mayor of Salt Lake City, Utah, on behalf of Salt Lake City Corporation is hereby authorized to negotiate and execute the requisite loan documents and any other relevant documents consistent with the Term Sheet, and incorporating such other terms and agreements as recommended by the City Attorney’s Office, and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this __________ day of ____________, 2021. SALT LAKE CITY COUNCIL By CHAIR ATTEST: CITY RECORDER Approved As To Form Salt Lake City Attorney’s Office By: ____________________________ Kimberly K. Chytraus Date: __________________________ March 24, 2021 Loan Amendment Term Sheet Project: Garden Lofts Borrower: Garden Lofts Holdings, LP Address: 154 West 600 South Loan Amount: $1,000,000 Loan Maturity: 38-year term Interest Rate: 2.5% simple interest per annum Interest Accrual: Current interest accrual is $12,500 (payments are current) Repayment Terms: Payment is interest only for the first 3 years. First payment is due April 1, 2021 in the amount of $75,000. Then surplus cash payments. Collateral and Priority: Current – Second priority Deed of Trust behind Citibank Amendment – Third priority Deed of Trust behind Citibank (Original Citibank loan and new Citibank loan) (Olene Walker Housing Loan Fund has a loan that is junior to the City) Conditions: Standard loan conditions approved by City Attorney’s Office Unit Affordability Requirements: Current – All units are 60% Area Median Income (AMI) or below Amendment – All units income average to 60% AMI or below (range from 20% AMI – 80% AMI) Exhibit 2 Updated LURA 2.Set-Aside Election. The Project Owner agrees that all 272 units of the Project shallbe restricted as provided for herein and in paragraph 13. The Project Owner agrees that for each taxable year in the extended use period, as defined in IRC § 42, 40% or more of the residential units in the Project are both rent restricted, as defined in IRC §42, and occupied by individuals (hereinafter "low-income tenants") whose income does not exceed the imputed income limitation designated by the Project Owner with respect to the respective unit. The average of the imputed income limitation designated by the Project Owner shall not exceed 60% of the area median gross income, as more specifically provided in paragraph 13, with respect to the county in which the Project is located, as annually determined and published by H.U.D. 13.Rent and Incom e Limits. The Project Owner agrees that 272 units of the Project will be leased, throughout the extended use period as set forth in paragraph 9 above, (i) for a maximum monthly rental fee which is affordable to the tenants residing therein ( as calculated below), and (ii) to individuals whose annual income (as defined under Section 8 of the United States Housing Act of 193 7), aggregated for all individuals residing in a given unit, does not exceed the percentages set forth below of area median income for the county in which the unit is located: Units T\rpe Income Limits 3 1 bedroom 1 bath units 80% of area median income 2 2 bedroom 2 bath units 80% of area median income 36 1 bedroom 1 bath units 70% of area median income 16 2 bedroom 2 bath units 70% of area median income 20 Studio units 60% of area median income 81 1 bedroom 1 bath units 60% of area median income 49 2 bedroom 2 bath units 60% of area median income 13 3 bedroom 2 bath units 60% of area median income 28 1 bedroom 1 bath units 5 0% of area median income 14 2 bedroom 2 bath units 50% of area median income 7 1 bedroom 1 bath units 40% of area median income 3 2 bedroom 2 bath units 40% of area median income For purposes of determining the affordability of monthly rental payments, the maximum monthly rental fee is calculated as follows: a.First, multiply the monthly rent limit applicable to the unit as calculated by Utah Housing for the applicable year, based on bedroom size, based on 50% of area median income for the county in which the unit is located, by 2 (to arrive at a rental amount based on 100% of area median income); 2 1485082.2 Exhibit 3 Draft Subordination Agreement 21616387-v2 WHEN RECORDED MAIL TO: Citibank, N.A. Transaction and Asset Management Group 388 Greenwich Street, Trading 6th Floor New York, New York 10013 Attention: Tanya Jimenez Re: Garden Lofts Apartments Citi Deal ID No. 24974 FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (SLC Corporation) THIS FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Amendment”) dated as of the ____ day of January, 2021, is made by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah (“Junior Lender”), and CITIBANK, N.A., a national banking association (“Senior Lender”) and acknowledged by GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership (“Borrower”). R E C I T A L S A. Junior Lender, Senior Lender and Borrower entered into that certain Subordination and Intercreditor Agreement dated as of December 19, 2017, recorded with the Salt Lake County Recorder’s Office (the “Recorder’s Office”) as Entry No. 12684036, in Book 10631, Page 9114, relating to (1) a tax exempt loan made to Borrower in the aggregate maximum principal amount of $27,300,000, and (2) a certain junior loan made to Borrower by Junior Lender in the original principal amount of $1,000,000 (the “Junior Loan”) (as the same may be further amended from time to time, the “Original Agreement”); B. Junior Lender, Senior Lender and Borrower have agreed to amend the Original Agreement with respect to certain definitions pertaining to the Senior Loan thereunder to include a new taxable loan from Senior Lender to Borrower in the original principal amount of [$1,200,000], evidenced by the following: a certain Multifamily Permanent Note dated the date hereof in the amount of the Taxable Senior Loan made by Borrower to the order of Senior Lender, secured by a certain Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of January 1, 2021, granted by Borrower for the benefit of Senior Lender and to be recorded with the Recorder’s Office, and a certain Loan Covenant Agreement dated as of January 1, 2021, by and between Borrower and Senior Lender, and such other documents, agreements and instruments executed in connection therewith; and C. Capitalized terms used but not defined in this Amendment shall have the meanings given them in the Original Agreement, NOW THEREFORE, for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Junior Lender, Senior Lender, and Borrower (collectively, the “Parties”) hereby agree as follows: First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page 2 1. The following new definitions are added to Section 1 of the Original Agreement: ““Senior Loan” means the Senior Loan, as defined in Recital A, together with that certain taxable loan from Senior Lender to Borrower in the original principal amount of [$1,200,000]. ““Senior Loan Agreement” means, collectively, the Borrower Loan Agreement, as defined in Recital B; the Construction Funding Agreement as defined in Recital D; and that certain Loan Covenant Agreement dated as of January 1, 2021, by and between Borrower and Senior Lender. ““Senior Note” means the Note, as defined in Recital B, together with that certain taxable Multifamily Permanent Note dated January [___], 2021, in the original principal amount of [$1,200,000] made by Borrower to the order of Senior Lender. ““Senior Security Instrument” means the Senior Security Instrument, as defined in Recital C, together with that certain Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of January 1, 2021, granted by Borrower for the benefit of Senior Lender and to be recorded with the Salt Lake County Recorder’s Office.” 2. In all other respects, the terms, provisions, and conditions of the Original Agreement, as hereby amended or modified, are hereby ratified and confirmed and shall remain in full force and effect. 3. This Amendment may be executed in any one or more counterparts and all so executed shall constitute one and the same instrument, binding on all parties, even though all parties are not signatory to the same document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-1 IN WITNESS WHEREOF, the undersigned have caused this Amendment to be signed and delivered under seal by their respective duly authorized representatives as of the date set forth above. The undersigned intend that this Amendment shall be deemed signed and delivered as a sealed instrument. JUNIOR LENDER: SALT LAKE CITY CORPORATION, a Utah municipal corporation By: _________________________________________ Name: Erin Mendenhall Title: Mayor Approved as to Form Salt Lake City Attorney’s Office By: ________________________________ Name: _______________________________ Title: Senior City Attorney ATTEST: ______________________________________ ________________, Salt Lake City Recorder STATE OF UTAH COUNTY OF SALT LAKE On January __, 2021, before me, _______________________, personally appeared Erin Mendenhall who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature _______________________________ of Notary Public First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-2 SENIOR LENDER: CITIBANK, N.A., a national banking association By: _____________________________ Name: Kathy Millhouse Title: Vice President Citi Deal ID No. 24974 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On __________________ before me, _______________________ (here insert name and title of the officer), personally appeared Kathy Millhouse who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) First Amendment to Subordination and Intercreditor Agreement (SLC Corp) – Garden Lofts Apartments Page S-3 ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: BORROWER: GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP, LLC, a Utah limited liability company By: ______________________________ Name: Jeffrey S. Nielson Title: Manager STATE OF UTAH COUNTY OF SALT LAKE On January __, 2021, before me, _______________________, personally appeared Jeffrey S. Nielson who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature _______________________________ of Notary Public Exhibit 4 Recorded Subordination Agreement WHEN RECORDED MAIL TO: Citibank, N.A. Transaction Management Group/Post Closing 390 Greenwich Street, 2nd Floor New York, New York 10013 Attention: Tanya Jimenez Re: Garden Lofts Apartments Deal No. 24974 RECORDED DEC 1 4 2017 CITY RECORDER SUBORDINATION AND INTERCREDITOR AGREEMENT l 7267 l l 4-v4 (SLC Corporation) PRO PrRTY OF SALT LAl<E CITY Rl:CC) <DE R'S OFFICE P.O . BOX l '.lS5 l 5 SALT LAl<E C ITY, UTAH 84 114 -55 1 5 SUBORDINATION AND INTERCREDITOR AGREEMENT (SLC Corporation) THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") dated as of December_, 2017, is made by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah ("Junior Lender") and CITIBANK, N.A., a national banking association ("Senior Lender"), and acknowledged by GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership ("Borrower"). The date of this Agreement as set forth above is for reference purposes only, and this Agreement will not be effective and binding until the Closing Date (as defined in the Borrower Loan Agreement). RECITALS: A. Borrower has applied to the Utah Housing Corporation, an independent body politic and corporate constituting a public corporation, organized and existing under the laws of the State of Utah ("Governmental Lender"), for a loan (the "S enior Loan") for the acquisition, construction, development, equipping and/or operation of a 272-unit multifamily residential project located in the City and County of Salt Lake, Utah, known or to be known as Garden Lofts Apartments (the "Mortgaged Property"). B. The Senior Loan is evidenced by (i) that certain Multifamily Note, dated as of the Closing Date, in the maximum principal amount of [$26,330,000] made by Borrower payable to the order of Governmental Lender (the "Note"), and (iii) that certain Borrower Loan Agreement, dated as of December 1, 2017, by and between Borrower and Governmental Lender (the "Borrower Loan Agreement"). C. The Senior Loan is secured by, among other things, that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of December 1, 2017, executed by Borrower for the benefit of Governmental Lender ( as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented, the "Senior Security Instrument"), recorded in the office of the Salt Lake County Recorder as Entry No. __ in Book __ , at Pages ___ , which Senior Security Instrument encumbers the Mortgaged Property. D. Borrower has requested that Senior Lender enter into that certain Funding Loan Agreement (the "Funding Loan Agreement"), dated as of December I , 2017, by and among Governmental Lender, U.S. Bank National Association, a national banking association organized and existing under the laws of the United States of America, as fi scal agent, and Senior Lender, pursuant to which Funding Lender will make a loan to Governmental Lender (the "Funding Loan"), the proceeds of which will be used to make the Senior Loan to Borrower pursuant to the Borrower Loan Agreement. The Senior Loan will be advanced to Borrower pursuant to that certain Construction Funding Agreement, dated as of December 1, 2017, by and between Borrower and Senior Lender (the "Construction Funding Agreement"). E. The Note, the Senior Security Instrument, the Borrower Loan Agreement, the Funding Loan Documents (as defined in the Funding Loan Agreement) and all other Senior Loan Subo rd ination and lntercredito r Agreement (SLC Corporation) PROPERTY OF SALT LAl<E CITY RECORDER 'S OFF ICE P.O . BOX 145515 SALT LAKE CITY, UTAH 84 114-5515 Lofts Apartments Documents (as hereinafter defined) have each been assigned by Governmental Lender to Senior Lender to secure the Funding Loan. F. Junior Lender is making a loan (the "Junior Loan") to Borrower in the original principal amount of $1,000,000 under its Housing Trust Fund Program, which Junior Loan is evidenced by a certain Promissory Note, dated as of the date hereof, made by Borrower to Junior Lender (the "Junior Note") and secured by, the Junior Security Instrument (as hereinafter defined) encumbering the Property, and will be advanced to Borrower pursuant to that certain Loan Agreement (the "Junior Loan Agreement") dated as of the date hereof between Borrower and Junior Lender. G. As a condition to the making of the Senior Loan, Senior Lender requires that Junior Lender execute and deliver this Agreement prior to the making of the Junior Loan and the granting of the Junior Security Instrument by Borrower. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the Junior Security Instrument, Junior Lender hereby agrees as follows: 1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the terms set forth below shall have the respective meanings indicated: "Bankruptcy Proceeding" means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership , assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. "Casualty" means the occurrence of damage to or loss of any of the Property by fire or other casualty. "Condemnation" means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. "Enforcement Action" means any exercise of any of Junior Lender's remedies under the Junior Security Instrument or any of the other Junior Loan Documents, including, without limitation, any of the following: (i) the acceleration of all or any part of the Junior Indebtedness, (ii) the commencement of any judicial or non-judicial action of proceeding to enforce any obligation of Borrower under any of the Junior Loan Documents, collect any monies payable to Borrower or have a receiver appointed to collect any monies payable to Borrower, or foreclose the lien(s) created by the Junior Security Instrument, (iii) the filing or joining in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower, (iv) the advertising of or commencement of any foreclosure or trustee's sale proceedings, (v) the exercise of any power of sale, (vi) the acceptance of a deed or assignment in lieu of foreclosure or sale, (vii) the collecting of Rents , (viii) the obtaining of or seeking of the appointment of a receiver, (ix) the seeking of default PROPERTY OF SALT LAKE CITY RECORDER'S OFFICE Subordination and lntercredi tor Agreement (S LC Corporation ) 2 P.O . BOX 145515 Garden Lofts Apartments SALT LAKE CITY, UTAH 84114-5515 interest, (x) the taking of possession or control of any of the Property, (xi) the commencement of any suit or other legal, administrative, or arbitration proceeding base d upon the Juni or Note or any other of the Junior Loan Documents, (xii) the exercising of any banker's lien or rights of set- off or recoupme nt, or (xiii) the taking of any other enforcement action against Borrower, any other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan Documents, or the Property. "Enforcement Action Notice" means a written notice from Junior Lender to Senior Lender, given following a Junior Loan Default and the expiration of any notice or cure periods provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lender. "Junior In debtedness" means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. "Junior Loan Defaulf' means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or b oth, would constitute, an "Event of Default" as defined in the Junior Security Instrument. "Junior Loan Documents" means, collectively, the Junior Note, the Junior Security Instrument, the Junior Loan Agreement and all other documents evidencing, securing or delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached hereto , together with such modifications, amendments and supplements thereto as are approved in writing by Senior Lender prior to their execution. "Junior Security Instrum ent" means that certain Trust Deed with Assignment of Rents, dated as of the date hereof, made by Borrower for the benefit of Junior Lender, as the same may from time to time be extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the consent of Senior Lender. "Loss Proceeds" means all monies received or to be received under any insurance p olicy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty. "Property" means (i) the land and improvements known or to be known as Garden Lofts Apartments and located in the City and County of Salt Lake, State of Utah, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, depo sit s and rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan Documents. "Sen ior Indebtedness" means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. "Senior Loan Do cuments" means, collectively, the Senior Security Instrument, the Senior Note, the Senior Loan Agreement and all of the oth~r:. documents , instruments and agreements now or hereafter evidencing, securing or otherwise 11JJ8{eg:ih 9crJt~HibB,~th the Senior Loan, 11 l fhCORDER'S OFF ICE P.O. BOX 1 45515 Subordination and lntercreditor Agree ment (S LC Corporatio n) 3 SALT LAKE CITY, UTAH 841 bli\-a~5.Jt§ Apartments as the same may from time to time be extended, consolidated, substituted for , modified, increased, amended and supplemented in accordance with the provisions of this Agreement. "Senior Loan Default" means any act, failure to act, event , condition, or occurrence which constitutes an "Event of Default" as defined in the Senior Security Instrument. 2. Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior Lender do not Affect Subordination. (a) Junior Lender hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the Junior Indebtedness is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the prior payment in full of the Senior Indebtedness, and that the liens, rights, payment interests, priority interests and security interests granted to Junior Lender in connection with the Junior Loan and under the Junior Loan Documents are, and are hereby expressly acknowledged to be in all respects and at all times , subject, subordinate and inferior in all respects to the liens, rights, payment , priority and security interests granted to Senior Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof. (b) Except as expressly set forth herein, repayment of the Junior Indebtedness, is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior to a Senior Loan Default (regardless of whether such Senior Loan Default occurs prior to or during the pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and retain payments made pursuant to and in accordance with the terms of the Junior Loan Documents; provided, however, that no such payment is made more than ten (10) days in advance of the due date thereof. Junior Lender agrees that from and after such time as it has received from either Senior Lender or Borrower written notice that a Senior Loan Default then exists (which has not been expressly waived in writing by Senior Lender), Junior Lender shall not receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any payment, property, or asset of any kind or in any form on account of the Junior Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Loan Default of which Junior Lender has been given notice of, or (ii) Junior Lender receives, voluntarily or in voluntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Lender. Junior Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Lender. Senior Lender shall apply any payment, asset, or property so received from Junior Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender shall determine in its sole and absolute discretion. (c) Without limiting the complete subordination of the Junior Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be S ubordination a nd lntercredi tor Agreement (SLC Corporati on) PROPERTY OF SALT LAl<E 4 C ITY RECORDER'S OFFICE Ga rden Lo ft s Apartments P.O BOX 145515 SALT LAKE C ITY, UTAH 84114~55 15 entitled to receive any payment or other distribution on account of or in respect of the Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cas h , any payment or distribution to which Junior Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to Senior Lender. (d) The subordination of the Junior Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. (e) The subordination of the Junior Loan Documents and of the Junior Indebtedness shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Security Instrument and other Senior Loan Documents and of the Junior Security Instrument and other Junior Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the availability of any collateral other than the Property. (f) By reason of, and without in any way limiting, the full subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, all rights and claims of Junior Lender under the Junior Security Instrument or under the Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents , issues and profits therefrom, and the Loss Proceeds payable with respect thereto. (g) If Junior Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property (unless such interest is otherwise excluded from this Agreement as agreed to in writing by Senior Lender), that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Junior Indebtedness and the Junior Loan Documents are subordinate pursuant to this Agreement. Junior Lender hereby acknowledges and agrees that Senior Lender may, without the consent or approval of Junior Lender, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan D ocuments and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Document (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other Subordin ation and lnterc redi to r Agreement (SLC Corporation) 5 PROPERTY OF SALT LAl~E CITY RECORDER'S OFF ICE X 145515 Garden Lofts Apartments ~~L/L~l(E C ITY, UTAH 841 14-5515 property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lender's obligations and agreements hereunder. Notwithstanding the foregoing or any contrary provision of this Agreement, except as otherwise currently set forth in the Senior Loan Documents, Senior Lender agrees that it will not, without Junior Lender's prior written consent in each instance: (i) change the term of the Senior Loan and/or the maturity date of the Senior Indebtedness, (ii) increase the principal amount of the Senior Note or the Senior Indebtedness other than increases pursuant to protective advances made by Senior Lender, or (iii) increase the interest rate payable under the Senior Note or the Senior Loan Documents. 3. Junior Lender Agreements. (a) Without the prior written consent of Senior Lender in each instance, Junior Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Junior Loan Documents in any material manner, or (ii) pledge, assign, transfer, convey, or sell any interest in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any payment on account of the Junior Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof; or (iv) take any action which has the effect of increasing the Junior Indebtedness; or (v) appear in, defend or bring any action in connection with the Property; or (vi) take any action concerning environmental matters affecting the Property. Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall not collect payments for the purpose of escrowing for any cost or expense related to the Property or for any portion of the Junior Indebtedness. (b) Junior Lender hereby agrees that Senior Lender may, at its option (but without any obligation to do so), at any time (including during the pendency of a Bankruptcy Proceeding), purchase the Junior Loan at par (and without liability for any prepayment premiums or liquidated damages set forth in the Junior Loan Documents). Such transfer and assignment of the Junior Loan shall be without representation or recourse, except that Junior Le nder shall represent that it is the sole holder of the Junior Loan, that it has authority to assign and convey the Junior Loan Documents, that, to the best of its knowledge, there are no defaults or breaches under the Junior Loan Documents, and as to the total amount then outstanding under the Junior Loan .. Junior Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan Default, Enforcement Action Notice or other material notice given by Junior Lender under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to cure any Junior Loan Default until ninety (90) days following Senior Lender's receipt of an Enforcement Action Notice gi ven by Junior Lender as a consequence of the Junior Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under the Junior Loan Documents by reason of Senior Lender hav ing cured any Junior Loan Default. However, Junior Lender acknowledges that all amounts advanced or expended by Senior Lender to cure a Junior Loan Default shall be added to and become a part of the Senior Indebtedness pursuant to the terms of the Senior Security Ins trument. Subordina tion and In tercreditor Agreement (SLC Corp ora tion) 6 PPOPERTY OF SALT LAl<E CITY RECORDER 'S OFF ICE P.O. BOX 145515 Garden Lofts A_partments SALT LAKE CITY, UTAH 84 1 14-55 I 5 (c) In the event and to the extent that each of Senior Lender and Junior Lender have under their respective loan documents certain approval or consent rights over the same subject matters (regardless of whether the obligations or rights are identical or substantially identical), Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. Without limiting the generality of the foregoing, Senior Lender shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. ( d) Junior Lender agrees that in any action commenced to enforce the obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall not be enforceable personally against Borrower or Borrower's assets, and the recourse of Junior Lender for the collection of the Junior Indebtedness shall be limited to actions against the Property and the rents, profits , issues, products, and income from the Property. (e) Junior Lender shall not commence or JOm with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are consolidated, then in either event, the Senior Loan shall first be paid in full before Junior Lender shall be entitled to receive and retain any payment or distribution in respect to the Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and distributions of every kind or character in respect of the Junior Loan to which Junior Lender would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation , any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the Junior Loan and the Junior Loan Documents shall not be affected in any way by Senior Lender electing, under Section 111 l(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition , Junior Lender hereby covenants and agrees that, in connection with a Bankruptcy Proceeding inv olving Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii) not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan, and (iii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute and deliver to Senior Lender powers of attorney, assignments or other instruments as may PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE Subordination and In tercreditor Ag reement (S LC Corporation) 7 P.O. BOX 1 45515 Garden Lofts ,}Partments SALT LAl<E CITY, UTAH 841 14-5015 be requested by Senior Lender in order to enable it to exercise the above-described authority or powers with respect to any or all of the Junior Loan Documents, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to any of the Junior Loan Documents to Junior Lender. (f) Junior Lender covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lender hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or remedy under the Senior Loan Documents, or by any other act or failure to act by Senior Lender. Junior Lender acknowledges that Senior Lender, at its sole option, may release all or any portion of the Property from the lien of the Senior Security Instrument, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Property by Senior Lender, to require the separate sales of any portion of the Property or to require Senior Lender to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender. Except as otherwise provided herein, at any time or from time to time and any number of times, without notice to Junior Lender and without affecting the liability of Junior Lender, (a) the time for payment of the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower's performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into , may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Document may be extended, consolidated, modified or amended b y Senior Lender and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the Junior Security Instrument and other Junior Loan Documents automatically shall terminate with respect to such Property upon Senior Lender's acquisition of title. (g) Junior Lender acknowledges that it entered into the transactions contemplated by the Junior Loan Documents and made the Junior Loan to Borrower without reliance upon any information or advice from Senior Le nder. Junior Lender made its own underwriting analysis in connecp ~, ~t~,l~FJBµJ;g fl ~@,<l,11, its own credit C ITY RECORDEl~'S OFF ICE P.O. BOX 1455 15 S ub ordinatio n and lntercreditor Agreement (SLC Corporation) 8 SALT LAl<E C ITY, UTAH 8 da1ct"h4 bfft5 Ap~rtments review of Borrower, and investigated all matters pertinent, in Junior Lender's judgment, to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges that it is a sophisticated, experienced commercial lender, and was represented by competent counsel in connection with this Agreement. (h) Junior Lender hereby represents and warrants that, as of the date hereof, the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender hereby further represents and warrants that: (i) Junior Lender is now the owner and holder of the Junior Loan Documents; (ii) the Juni.or Loan Documents are now in full force and effect; (iii) the Junior Loan Documents have not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the Junior Loan Documents has occurred; (v) the current outstanding principal balance of the Junior Indebtedness is $1,000,000; (vi) no scheduled monthly payments under the Junior Loan Documents have been or will be prepaid except with the prior written consent of Senior Lender; (vii) none of the rights of Junior Lender under any of the Junior Loan Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise; and (viii) there are no other Junior Loan Documents other than those listed on Exhibit B hereto. Borrower further represents and warrants that it has provided to Senior Lender a true, complete, and correct copy of all the Junior Loan Documents. 4. Standstill Agreement; Right to Cure Senior Loan Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Security Instrument has been released and discharged, Junior Lender shall not without the prior written consent of Senior Lender, which may be withheld in Senior Lender's sole and absolute discretion, take any Enforcement Action, including, without limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender's remedies under the Junior Security Instrument or any of the other Junior Loan Documents (including, without limitation, the commencement of any judicial or non-judicial action of proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) created by the Junior Security Instrument) or (iii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower; provided, however, that such limitation on the remedies of Junior Lender shall not derogate or otherwise limit Junior Lender's rights, following an event of default under the Junior Loan Documents to (a) compute interest on all amounts due and payable under the Junior Loan at the default rate described in the Junior Loan Documents, (b) compute prepayment premiums and late charges, and (c) enforce against any person , other than Borrower and any guarantors or indemnitors under the Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior Loan. (b) Senior Lender shall, simultaneously with the sending of any notice of a Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the Senior Loan Documents; prov ided, however, failure to do so s hall not affect the validity PROPERTY OF SALT LAl<c CITY RECORDER'S OFflCE Subordination a nd lntercreditor Ag reeme nt (S LC Corp oration) 9 P.O . BOX 145515 Garde n Lofts Af a rtments SALT LAKE CITY, UTAH 84114 -55 5 of such notice or any obligation of Borrower to Senior Lender and shall not affect the relative priorities between the Senior Loan and the Junior Loan as set forth herein. Borrower covenants and agrees to forward to Junior Lender, within three (3) business days of Borrower's receipt thereof, a copy of any notice of a Senior Loan Default Borrower receives from Senior Lender. (c) Junior Lender shall have the right, but shall have no obligation, to cure any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, it shall so notify Senior Lender and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of Junior Lender having cured any Senior Loan Default. However, Senior Lender acknowledges that, to the extent so provided in the Junior Loan Documents, amounts advanced or expended by Junior Lender to cure a Senior Loan Default may be added to and become a part of the Junior Indebtedness. (d) Junior Lender agrees that, notwithstanding any contrary prov1s10n contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a default under the Junior Loan Documents if no other default occurred under the Junior Loan Documents. (e) Junior Lender acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the Junior Security Instrument (including a conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lender) who acquires title to the Property pursuant to the foreclosure proceeding ( or pursuant to the exercise of a power of sale contained in the Junior Security Instrument) shall not be deemed to be automatically approved by Senior Lender. 5. Insurance. Junior Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property. Nothing in this paragraph shall affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument. 6. Default. Junior Lender and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lender, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any Sub ordination and lnte rc reditor Agreement (S LC Corporation) 10 PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE P.O. BOX 1 45515 Garde n Lofts Apartments SALT LAl<E CITY, UTAH 84114-5515 party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. 7. Enforcement Costs. Borrower agrees to reimburse Senior Lender for any and all costs and expenses (including reasonable attorneys' fees) incurred by Senior Lender in connection with enforcing its rights against Junior Lender under this Agreement. 8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail , return receipts requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows: To Junior Lender: If to Senior Lender: With a copy to: Prior to the Conversion Date, with a copy to: City of Salt Lake PO Box 145488 451 South State Street, Room 406 Salt Lake City, Utah 84114 Attention: Housing & Neighborhood Development Facsimile: (801) 535-6131 Citibank, N .A . 388 Greenwich Street, 8th Floor New York, New York 10013 Attention: Transaction Management Group Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (212) 723-8209 Citibank, N.A. 325 East Hillcrest Drive, Suite 160 Thousand Oaks , California 91360 Attention: Operations Manager/ Asset Manager Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (805) 557-0924 Citibank, N.A. 388 Greenwich Street, 8th Floor New York, New York 10013 Attention: Account Specialist Re: Garden Lofts Apartments Deal No. 24974 Facsimile: (212) 723-8209 Following the Conversion Citibank N .A. Date, with a copy to: c/o Berkadia Commercial Servicing Department 323 Norristown Road, Suite 300 Ambler, Pennsylvania 19002 PROPERTY OF SALT LA!<E CITY RECORDER'S OFFICE Subordination and lnterc redito r Ag reement (S LC Corporati on) 11 P.O . BOX l 455 l 5 Gar d v.n Lofts J).pa rtmen ts SALT LAl<E CITY, UTAH tl4 1 14 -o..> 1 -i Attention: Client Relations Manager Re: Garden Lofts Apartments Deal No . 24974 Facsimile: (215) 328 -0305 And a copy of any notices Citibank, N.A. of default sent to: 388 Greenwich Street New York, New York 10013 Attention: General Counsel 's Office Re: Garden Lofts Apartments Deal No . 24974 Facsimile: (646) 291-5754 or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for. 9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A) COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS W AIYER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VO LUNT ARIL Y WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. 10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Junior Loan Documents, other than by reason of payments which Junior Lender is obligated to remit to Senior Lender pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure , of ( or the exercise of a power of sale contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure , of ( or the exercise of a power of sale contained in) the Junior Security Instrument, but only if such acquisition of title does not violate any of the terms of this Agreement. Subordina tion and In terc redito r Ag reement (S LC Corporation) 12 PROPERTY OF StLT LAl<E CITY RECOF?DER'S OFFICE P.O. BOX l 45515 SALT LAKE C ITY, UTAH 84114-5515 Garden lofts Apa rtments 11. Miscellaneous. (a) Junior Lender shall, within ten (10) business days following a request from Senior Lender, provide Senior Lender with a written statement setting forth the then current outstanding principal balance of the Junior Loan, the aggregate accrued and unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior Lender, any default or event of default exists under the Junior Loan, and containing such other information with respect to the Junior Indebtedness as Senior Lender may require. Upon notice from Senior Lender from time to time, Junior Lender shall execute and deliver such additional instruments and documents, and shall take such actions, as are required by Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement. (b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender may only assign its rights and interests hereunder following the prior written consent of Senior Lender, which consent may be withheld or conditioned in its sole and absolute discretion. (c) Senior Lender hereby consents to the Junior Loan and the Junior Loan Documents; provided, however, that this Agreement does not constitute an approval by Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby consents to the Senior Loan and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval b y Junior Lender of the terms of the Senior Loan Documents. (d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement. (e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION, MA TIERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. (f) Time is of the essence m the performance of every covenant and agreement contained in this Agreement. (g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, ill egal or unenforceable prov ision or Subordination and lntercreditor Agreement (SLC Collloration) 13 PROPERTY OF Sfa.LT l.Al<E CITY RECORDEr,?'S OFFICE P.O . BOX 145 515 SALT LAl<E CITY, UTAH @Wie1 lf-ts p1a!J11ents remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability. (h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the Junior Loan Documents respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lender's rights or Junior Lender's rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lender's forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lender and Junior Lender (and their respective successors, assigns and participants), and no other person (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in thi s Agreement is intended, or shall be construed to , relieve or discharge the obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the Junior Loan Documents), (c) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to , or shall be construed to , give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lender or Junior Lender. (j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lender and Junior Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (1) Nothing herein or in any of the Senior Loan Documents or Junior Loan Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of Junior Lender. 12. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Senior Lender and Borrower each represents , solely with respect to itself and its agents and Subordination a nd lnte rcredito r Agreem ent (SLC Corporation) 14 PROPERTY OF SALT LA!<E CITY RECORDER'S OfflCF P.O. BOX 145515 Garden Lofts Apartments SALT LAl<E CIW, UTAH 84114-5515 employees, that it has not: ( 1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee , other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code 13. Attached Exhibits. The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof: Exhibit A -Legal Description Exhibit B -Junior Loan Documents Exhibit C-Modifications to Subordination and Intercreditor Agreement The terms of thi s Agreement are modified and supplemented as set forth in said Exhibits. To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Subordination and lntercreditor Agreement (SLC Corporation) 15 Pl~OPERTY OF SALT LA:<:: CITY f<ECORDE:R'S CF-ICE P.O . BOX 145515 SALT LAl<E Clfr, UTl"\HGag'zt f,~t P~'titt s IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above. ATTEST: r STATE OF UTAH COUNTY OF SALT LAKE JUNIOR LENDER: SALT LAKE CITY CORPORATION, a Utah municipal corporation By: ~fl'),(?~ acquelineM.Biskupski,Mayor Approved as to Form Salt Lake City Attorney's Office By:m:KefuK nnberly K. Chytraus t9oil:'.:'. Attorney Date: \ 2D I] On December l3 2017 before me, ~ \ 1\"\0V\.t... rb\rl:\t)( , personally appeared Jacqueline M. Biskupski who, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity, and that by his/her s ignature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature ~ Subordination and lnte rcreditor Agree ment (S LC Co)l'.loration) of Notary Public NOTARY PUBLIC SIMONE BUTLER 697404 COMM ISSION EXPIRES OCTOBER 25, 2021 STATE OF UTAH S-1 P,,OPEr.Ty _)~ ! I I'\ Cl'IY l~ECORDER" OF, I ~'-" P.O BCX l 45515 SALT LA1<1: CffY, U iAH a 4°ttf1s~s{rrt ments SENIOR LENDER: CITIBANK, N .A. By:------------ Name: Bryan Barker Title: Authorized Signatory GENERAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA COUNTY OF ----- ) ) ) On December_, 2017, before me, _______________ , N otary Public, personally appeared Bryan Barker, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Subordina tion and lntercred itor Agreement (S LC Corpora tio n) S-2 (Seal) PROPERTY OF SALT LAl<E C ITY RECORDER'S OFFICE P.O . BOX l 45515 SALT LAl<E C ITY, UTAH 84114-5515 Garden Lofts Apartme nts ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: STATE OF UTAH ) ) COUNTY OF SALT LAKE ) BORROWER: GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP, LLC, a Utah limited liability company Its: General Partner By: --------- Name: Jeffrey S. Nielson Title: Manager On December , 2017 before me, , Notary Public, personally appeared Jeffrey S. Nielson, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name(s) is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sub ordinati o n and lntercredito r Agreeme nt (SLC Corp oration) Signature of Notary Public S-3 PROPERTY OF SALT LAl<E CITY RECORDER 'S OFFICE P.O. BOX l 45515 SALT LAKE CITY, UTAH 84114-5515 Gard e n Lofts Apartments EXHIBIT A LEGAL DESCRIPTION All of Lot 1, SALT CITY PLAZA MINOR SUBDIVISION, located in the Southeast Quarter of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian, more particularly described as follows: Beginning at a point on the West line of Lot 5, Block 32, Plat "A", Salt Lake City Survey, said point also being in the East right-of-way line of 200 West Street, said point lies South 00°01 '45" West from the Northwest comer of said Lot 5, along the West line of Lot 5, 239.40 feet, said point also lies South 00°00'48" East along the monument line of 200 West Street 306.39 feet and North 89°59'12" East 70.81 feet from the Salt Lake City Survey Monument in the intersection of200 West Street and 500 South Street and running thence North 89°54'10" East 165. 04 feet to the East line of said Lot 5; thence North 00°01 '44" East along said East line 129 .87 feet; thence East 36.58 feet; thence South 6.65 feet; thence East 19.13 feet; thence South 7.33 feet; thence East 65.14 feet; thence South 45 °00'00" East 15.84 feet ; thence East 44.16 feet ; thence South 45 °00'00" East 11.73 feet; thence East 103 .58 feet; thence South 45°00'00" East 27.06 feet; thence East 22.84 feet to the East line of Lot 7 of said Block 32; thence South 00°01 '41" West along said East line and the extension thereof 171 .50 feet; thence South 89°54'05" West 95.03 feet; thence South 00°01'42" West 198 .60 feet; thence South 89°53'54" West 32.88 feet; thence South 00°01 '42" West 127.56 feet to the South line of Lot 2 of said Block 32, said point also being on the North right-of-way line of 600 South Street; thence South 89°53'46" West along said right-of-way 202.18 feet to the Southwest comer of Lot 3 of said Block 32 ; thence North 00°01'44" East along the West line of said Lot 3 and the extension thereof 354.95 feet; thence South 89 °54'06" West 165.04 feet to the West right-of- way line of said 200 West Street; thence North 00°01 '45" East along said West line 66.04 feet to the point of beginning. Tax Parcel No.: 15-01-476-021 Subordination and lntercreditor Agreeme nt (S LC Corporation) A-1 PROPERTY OF SALT LAl<E CITY RECORDER'S Off ICE P.O. BOX 145515 SALT LAKE CITY, UTAH 84114-5515 Gardea Lofts Apartments EXHIBITB JUNIOR LOAN DOCUMENTS 1. Promissory Note, dated as of the date hereof, made by Garden Lofts Holdings, LP, a Utah limited partnership ("Borrower") to Salt Lake City Corporation, a municipal corporation of the State of Utah ("Junior Lender"). 2 . Loan Agreement, dated as of the date hereof, by and between Borrower and Junior Lender. 3. Trust Deed with Assignment of Rents, dated as of the date hereof, made b y Borrower for the benefit of Junior Lender. Subordination and lntercreditor Agreement (S LC Coll)oralion) B-1 PROPERTY OF SALT LAl<E CITY RECORDER'S OFFICE P.O BOX 145515 SALT LAl<E CITY, UTAH 84114-5515 Garden Lofts Apartments EXHIBIT C MODIFICATIONS TO SUBORDINATION AND INTERCREDITOR AGREEMENT The following modifications are made to the text of the Agreement that precedes this Exhibit: None. Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement. Subord ination and Intercreditor Agreement (SLC Corporation) C-1 Garden Lofts Apartments Exhibit 5 Recorded HTF Loan LOAN AGREEMENT Garden Lofts Holdings, LP (Garden Lofts Project) RECORDED DEC 1 4 2017 _________________ C_ITY____:_;Ro=-ECORDER THIS AGREEMENT is by and between SALT LAKE CITY CORPORATION, a munici pal corporation of the state of Utah, hereinafter called the "City," and Garden Lofts Holdings, LP, hereinafter called the "Borrower," and is dated the date that the City Recorder attests the applicable City signature (which date shall be the recordation date). WHEREAS, the Borrower has applied to the City for a loan from the City's Housing Trust Fund for the Garden Lofts project located at 154 West 600 South in Salt Lake City, Utah (the "Project"); and WHEREAS, the City is willing to make said loan to the Borrower on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE 1 THE LOAN SECTION 1.01-THE LOAN, NOTE AND RATE Subject to the terms and conditions of this Agreement, the City hereby agrees to loan to Borrower, and the Borrower hereby agrees to borrow from the City and repay to the City or its assigns, a sum of ONE MILLION AND NO/100 DOLLARS ($1,000,000) (the "Loan"). The obligation of the Borrower to repay the Loan shall be evidenced by a Promissory Note (the "Note") of the Borrower in a form satisfactory to the City, dated on the date on which the Loan is made (the "Closing Date "), payable over thirty-five (35) years with payments commencing and continuing as more fully set forth in the Note, and pa yable to the order of the City for the amount of the Loan with interest on the unpaid principa l at the rate of two and one-half perce nt (2 .5%) per annum. The City's loan shall be secured by a trust deed (the "Trust Deed ") on the Proje ct. The documents evidencing and securing the Loan are herein collectively referred to as the "Loan Documents." SECTION 1.02-THE TERM AND REPAYMENT (a). The term of the Loan shall be for thirty-eight (38) years beginning upon date of funding. The first three (3) years Borrower shall pay interest only. The first payment shall be due at the end of the three (3) year interest only period on April 1 , 2021 in the amount of $75,000 (the "First Payment"). Subsequent payments shall thereafter be made annually ("Annual Payments") comme nc ing on April 1, 2022 and on each April 1 thereafter, until all monies owed to the City have been paid in full. The maximum amount of th e Annual Payment shall be $42,899.43; provided, howeve r, the amount of each Annual Payment shall be limited to the amount of the available Surplus Cash, it being understood that the Borrower shall not be in default if it pays the Surplus Cash, or if there is no Surplus Cash, if no Annual Payment is made for the period when no Surplus Cash is available. Borrower will provide a copy of Borrower's full annual audit each year within thirty (30) days of the completion of the annual audit and such annual audit shall be the conclusive evidence of the availability of Surplus Cash for repayment of the Loan. The City acknowledges that available Surplus Cash will be split evenly between payment on the City's Loan and the Olene Walker Housing Trust Fund Loan. (b). For purposes of this Agreement, "Surplus Cash" shall mean with respect to any period, 75% any revenues of the Borrower remaining after paying, or setting aside funds for paying, all of the following: (i) All sums due or currently required to be paid (including but not limited to any deposits to a principal reserve fund) under that project loan agreement (the "Senior Loan Agreement"), defined in that certain Subordination Agreement (the "Subordination Agreement") dated as of December __ , 2017, by and between Citibank, N.A. ("Senior Mortgagee"), City and Borrower; (ii) All deposits to any replacement reserve, completion/repair reserve or other reserve or escrow required by the Borrower's Senior Mortgagee and investor limited partner; (iii) All fees due or currently payable by the Borrower in connection with any loan senior to the City's loan as such requirements are described in Senior Loan Agreement and Subordination Agreement; and (iv) All reasonable operating expenses of the mortgaged property defined in the Senior Loan Documents (the "Mortgaged Property"), including but not limited to real estate taxes, insurance premiums, utilities, building maintenance, painting and repairs, management fees, payroll , administrative expenses, legal expenses and audit expenses (including any fees, deposits or escrows payable under the Borrower's organizational documents, but excluding any developer fees payable with respect to the Mortgaged Property). (c). Interest shall commence accruing on the date of this Agreement. Each Annual Payment shall be applied first to accrued interest, then to currently due interest, and then to the repayment of principal. If Surplus Cash is not sufficient to make a full First or Annual Payment required under this loan then the unpaid principal portion of such payment shall be deferred and the interest shall accrue and be added to the next Annual Payment. If the Loan has not been fully repaid by the end of the loan term, or if the Loan has not otherwise been paid in full, the City, at its discretion, may call the entire outstanding loan amount due or at the City's sole discretion renegotiate the Loan with the Borrower. Borrower acknowledges that the Loan shall become immediately due and payable to the City if the use of the Project changes from what is described in Section 1.04, without the prior written of consent of the City which consent shall not be unreasonably withheld, conditioned , or delayed. Borrower acknowledges that the City will require an annual report from the Borrower. The annual report will include information on the two hundred seventy two (272) units funded by the City. Borrower will provide documentation on tenant income verifying units are occupied by persons at 60% of area median income or below. These reports will be reviewed and verified by the Housing and Neighborhood Development Staff. 2 All payments shall be applied first to late fees, if any, then to interest, and then to principal. All payments shall be made when due to the City at its address as City may designate in writing. SECTION 1.03-PERSONAL GUARANTEE Not applicable . SECTION 1.04-PURPOSE OF LOAN The purpose of this Loan is for the construction of the Project consisting of 272 income restricted rental units for households earning at or below 60% of the area median income. The Borrower agrees that it shall apply funds received by it under this Agreement in accordance with the purpose stated above . The Borrower further agrees that no application of any funds received from the City hereunder shall be made in violation of federal or state law or Salt Lake City ordinances. SECTION1 .05-DUL Y ORGANIZED The Borrower certifies that it is a Utah limited partnership in good standing , having been organized on October 16, 2017. SECTION 1.06-TERMS, COVENANTS AND CONDITIONS Borrower agrees to abide by and be bound by the attached Terms , Covenants and Conditions marked as Exhibit "A," and the Use of Proceeds marked as Exhibit "B," and incorporated herein by this reference . Borrower acknowledges that it has received a copy of such Terms, Covenants and Conditions, and the Use of Proceeds, has read the same, and accepts them as legal binding parts of this Loan Agreement. SECTION 1.07-FEES Not applicable. IN WITNESS WHEREOF, the parties hereto are signing this Agreement as of the date stated in the introductory clause. RECORDED DEC t 4 2017 CITY RECORDER ATTEST: ~ City RBCOrder 3 CITY: Salt Lake City Corporation, a Utah municipal corporation By Q::r&f/1:/:~ STATE OF UTAH :ss COUNTY OF SALT LAKE ) GARDEN LOFTS HOLDINGS, LP, a Utah limited partnership By: Garden Lofts GP , LLC, a Utah limited liability company its General Partner The foregoing instrument was duly acknowledged before me this ] 4~ day of December, 2017, by Jeffrey S. Nielson, Manager of Garden Lofts GP, LLC , a Utah limited liability company that is the General Partner for Garden Lofts Holdings LP, a Utah limited partnership . • ARNAE BALLANTYNE ttJWff PIAIJC•STAlE OFIIJ'AH COMMISSION# 680146 COMM, EXP. 01·18-2019 Salt Lak e County, Utah 4 ACKNOWLEDGEMENT OF RECEIPT OF COPY OF TERMS, COVENANTS AND CONDITIONS TO LOAN AGREEMENT COMES NOW the Undersigned, hereinafter referred to as the "Borrower ," and acknowledges receipt of a copy of Ex hibit A, "Terms , Covenants and Conditions," and Exh ibit B, "Use of Proceeds" to Loan Agreement and acknowledges that he has read the same, and acknowledges his agreement t o accept them as legal and binding parts of the Loan Agreement. DATED this / 4ft day of December, 2017. GARDEN LOFTS HOLDINGS, LP, a Utah li m ited partnership By: Garden Lofts GP, LLC, a Utah lim ited liability company its General Partner Jeffrey S Nielson 5 SALT LAKE CITY CORPORATION EXHIBIT "A" TO LOAN AGREEMENT TERMS, COVENANTS AND CONDITIONS It is expressly agreed by the parties that this Exhibit is incorporated in and a part of that certain Loan Agreement by and between Salt Lake City Corporation (the "City") and Garden Lofts Holdings, LP, a Utah limited partnership, (the "Borrower"), and that all of the terms, conditions and provisions set forth below are to apply to that Agreement and are made a part of that Agreement as though they were expressly rewritten , incorporated and included therein. ARTICLE II REPRESENTATIONS AND WARRANTIES The Borrower Represents and Covenants the Following: SECTION 2.01: DULY AUTHORIZED The making and performance by the Borrower of this Agreement, and the execution and delivery of the Note, and any security agreements and Instruments have been duly authorized by all necessary action, including but not limited to company, partnership or individual action, and will not violate any law, rule, regulation, order, writ, judgment, decree, determination or award presently in effect having applicability to the Borrower or any provision of the Borrower's Partnership Agreement, dated ___________ (the "Partnership Agreement"), or result in a breach of or constitute a default under any indenture or bank loan or credit agreement or any other agreement or instrument to which the Borrower is a party or by which it or its property may be bound or affected. SECTION 2.02: LEGALLY BINDING INSTRUMENTS When this Agreement is executed by the Borrower and the City, and when the Note is executed and delivered by the Borrower for value , each such instrument shall constitute the legal, valid, and binding obligation of the Borrower in accordance with its terms. Any security agreements and instruments, financing statements, mortgages, trust deeds, and other liens on collateral or real estate with respect to the Loan shall constitute legal, valid and binding liens. The City acknowledges it is subordinating its Loan and the collateral for such Loan as set forth in the Subordination Agreement to certain senior financing previously disclosed to the City and will share second priority with the lien in favor of the Olene Walker Housing Loan Fund (the "Olene Walker Loan") SECTION 2.03: NO LEGAL SUITS There are no legal actions, suits , or proceedings pending or, to the knowledge of the Borrower, threatened against the Borrower before any court or administrative agency, whi c h, if determined adversely to the Borrower, would have a material adverse effect on the financial condition or business of the Borrower. 6 SECTION 2.04: NO LEGAL AUTHORIZATION NEEDED No authorization, consent or approval, or any formal exemption of any Governmental body, regulatory authorities (Federal, State or Local) or mortgagee, creditor or third party is or was necessary to the valid execution and delivery by the Borrower of this Agreement, the Note, any security agreement, financing statement or the Trust Deed. SECTION 2.05: NOT IN DEFAULT The Borrower is not in default of any obligation , covenant, or condition contained in any bond, debenture, note or other evidence of indebtedness or any mortgage or collateral instrument securing the same. SECTION 2.06. TAXES ARE PAID The Borrower ha s filed all tax returns which are required and has paid or made provision for the payment of all taxes which have or may become due pursuant to said returns or pursuant to any assessments levied against the Borrower or its personal or real property by any ta xing agency, federal, state or local. No tax liability has been asserted by the Internal Revenue Service or other taxing agency, federal, state or local for taxes materially in excess of those already provided for the Borrower knows of no basis for any such deficiency assessment. SECTION 2.07: NO ADVERSE CHANGE The Borrower certifies th at there has been no adverse change since the date of loan application in the financial condition , organization, operation, business prospects, fi xed properties, or personnel of the Borrower. ARTICLE Ill CONDITIONS OF LENDING The obligation of the City to make the Loan shall be subject to the fulfillment at the t ime of funding of each of the following conditions: SECTION 3 .01 : EX ECUTION OF AUTHORIZATION The Borrower shall have executed and delivered to the City the loan commitmen t, if applicable. SECTION 3.02: EXECUTION AND DELIVERY OF NOTE AND LOAN AGREEMENT The Borrower shall have executed and delivered to the City this Loan Agreement and the Note in a form satisfactory to the City and its counsel. SECTION 3.03: EX ECUTION AND DELIVERY OF SECURITY AGREEMENT AND MORTGAGE If required by the City, the Borrower shall have executed and delivered to the City a security ag reement and financing statements in a form satisfactory to the City, giving the City 7 security in all of the collateral and personal property acquired with the Loan proceeds, and/or the Borrower shall have executed and delivered to the City, the Trust Deed on the real estate . Said security agreement (the "Security Agreement"), financing statements (the "Financing Statements") and Trust Deed shall be free and clear of all prior liens and encumbrances, except as provided for Section 2.02 herein . The Security Agreement, Financing Statements and Trust Deed are to secure payment of the principal of the Note, the interest thereon, and any other sums payable by the Borrower hereunder. SECTION 3.04: EXECUTION AND CERTIFICATION OF RESOLUTION OF BOARD OF DIRECTORS OR CERTIFICATE OF PARTNERSHIP If required by the City, the Borrower shall have executed and delivered to the City a duly certified copy of a Resolution of the Manager of the General Partner of the Borrower authorizing the execution and delivery by the Borrower of this Agreement, the Note, and Security Agreement and Trust Deed. SECTION 3.05: CORPORATE OR PARTNERSHIP PAPERS The Borrower shall have delivered to the City if requested , copies of the Borrower's Partnership Agreement, Certificate of Limited Partnership, W-9. SECTION 3.06 : TITLE INSURANCE Borrower shall provide to Lender a current title commitment for City's review, At Closing, the Borrower shall have secured lenders title insurance in the form and issued by companies satisfactory to the City, in the amount of the Loan, insuring the City's lien under the Trust Deed , subject only to exceptions approved by the City if no loan commitment is issued. The title policy shall show no delinquent taxes or assessments affecting the real property or any part thereof on the date of closing except as approved by the City. SECTION 3.07 : GOVERNMENTAL APPROVAL The Borrower shall have secured all necessary approvals or consents, if required, of Governmental bodies having jurisdiction with respect to its business .. If this Loan is to be used for construction , Borrower shall have obtained all required building and other applicable permits and approvals . SECTION 3.08 : APPROVAL OF OTHERS The Borrower shall have secured all necessary approvals or consents required with respect to this transaction by any mortgagor, creditor or other party having any financial interest in the Borrower. The Borrower will provide evidence of all funding commitments and executed tax credit investor agreement. ARTICLE IV AFFIRMATIVE COVENANTS OF THE BORROWER The Borrower agrees to comply with the following covenants from the date hereof until the City has bee n fully repaid with interest, unless the City or its a ssigns sh all otherwise consent in writing: 8 SECTION 4.01: PAYMENT OF THE LOAN The Borrower agrees to pay punctually the principal and interest on the Note according to its terms and conditions and to pay punctually any other amounts that may become due and payable to the City under or pursuant to the terms of this Agreement or Note. In the event City or its agent or assignee accepts a late payment after the date on which such payment is due, the Borrower agrees to pay a late payment charge equal to five percent of the late amount or ONE HUNDRED and NO/100THS DOLLARS ($100.00), whichever is greater, as compensation for additional collection efforts. Subject to any provisions to the contrary in the Senior Loan document or Subordination Agreement, the Borrower reserves the right to prepay at any time all or any part of the principal amount of the Note without the payment of penalties or premiums. All payments on this Note shall be applied first to late charges, if any, then to the interest due on the Note, and then to the principal due on the Note. SECTION 4.02: PAYMENT OF OTHER INDEBTEDNESS The Borrower agrees to pay punctually the principal and interest due on any other indebtedness now or hereafter at any time owing by the Borrower to the City or any other entity. SECTION 4 .03: MAINTAIN AND INSURE PROPERTY The Borrower agrees at all times to maintain the property provided as security for this Loan in such condition and repair that the City's security interest therein will be adequately protected. If the security is real property, the Borrower also agrees to maintain during the term of the Loan adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and form sufficient to prevent the Borrower from becoming a co-insurer and issued by companies satisfactory to the City with acceptable loss payee clauses in favor of the City. The Borrower further agrees, if at any time during the life of the Loan the Borrower's property is declared to be within a flood hazard area, to purchase Federal Flood Insurance, if available. Such insurance shall be in an amount equal to the lesser of: i) the amount of the Loan; ii) the insurable value of the property; or iii) the maximum limit of coverage available. Subject to any provisions to the contrary in the Senior Loan document or Subordination Agreement, and notwithstanding anything to the contrary contained in the Loan Documents, City agrees to apply all insurance proceeds resulting from casualty to or damage of the real property, including improvements, securing the loan {the "Project") and all payments or awards resulting from a taking for any public or quasi-public purpose by any lawful power or authority by exercise of the power of condemnation or eminent domain toward the restoration , replacement or rebuilding of the Project, or any part thereof, as nearly as possib,le to its value, condition and operational character immediately prior to any such damage, destruction or taking ("Restoration"), provided sufficient funds are available from all sources to complete such Restoration . 9 The Borrower agrees to obtain and maintain during the entire term of this Loan a comprehensive general liability policy of insurance with minimum coverage amounts as required by City from time to time, but for the present, a minimum of $2,000,000 per occurrence and $3,000,000 aggregate. Said insurance shall provide for a minimum of thirty (30) day's prior written notice of cancellation to the City, but cancellation shall not relieve Borrower of this obligation to provide insurance. On all such coverage, City shall be named as an additional insured. Borrower shall furnish to City appropriate certificates of insurance verifying such present and continued coverage, concurrently with the execution hereof. Borrower also agrees to provide additional certificates as changes occur in policies or coverage during the term of this Loan. All policies of insurance provided shall be issued by insurance companies qualified to do business in the State of Utah and listed on the United States Treasury Department's current Department of Treasury Fiscal Services List 4 70, or having a general policyholder's rating of not less than "A-" in the most current available A.M. Best Co., lnc.'s, Best Insurance Report. Upon request, Borrower shall provide satisfactory evidence of appropriate insurance coverage. SECTION 4.04: PAY ALL TAXES The Borrower agrees to duly pay and discharge all taxes, assessments, and governmental charges upon it or against its properties prior to the date on which the penalties attach thereto, except that the Borrower shall not be required to pay any such tax, assessment, or governmental charge which is being contested by it in good faith and by appropriate proceedings. SECTION 4.05: PROVIDE AFFORDABLE HOUSING The loan funds at issue are being provided on the specific condition that no less than one hundred percent (100%) of the total units to be built in the development will be offered and leased under terms affordable to households at or below 60% of area median income, as defined for purposes of administration of the federal Low Income Housing Tax Credit program for a period of not less than fifty-five (55) years from the date the units are first placed into service. The Borrower agrees that any variance from that condition will constitute a breach the conditions of the loan and all loan amounts and interest owing thereon shall immediately become due and payable. The Borrower will provide documentation to the City at initial lease up and through annual reports demonstrating compliance with the affordability restrictions. SECTION 4.06: MAINTAIN LEGAL EXISTENCE The Borrower agrees to maintain its existence, rights , privilege, and franchises within the State of Utah, and remain qualified to do business in each jurisdiction in which its present or future operations or its ownership of property require such qualification. SECTION 4.07: PROVIDE FINANCIAL AND PROJECT INFORMATION The Borrower agrees to maintain adequate records and books of account, in which complete entries will be made reflecting all of its business and financial transactions, such entries to be made in accordance with generally accepted principles of good accounting practice consistently applied in the case of financial transactions. 10 In addition, the Borrower agrees to deliver to the City financial statements, certified by an authorized officer of the Borrower to be true and accurate copies, upo n request. Borrower shall have completed and deliver to City an annual aud it within 30 days of completion. The Bo rrower further agrees to provide written notice to the City of any public hearing or meeting before any administrative or other public agency that may, in any manner, affect the collateral, personal property or real estate securing the Loan (the "Collate ral"). The Borrower agrees to prov ide the City the following notifications and documentation: 1) quarterly progress reports post-closing through project completion; 2) notification of material changes to project financing sources or costs (defined as a change greater than 5%); 3) notification of project lease up; 4) notification of project completion; 5) project certificate of occupancy; 6) final cost certification; 7) property management agent contact information and management agreement. SECTION 4.08: RIGHT TO INSPECTION The Borrower agrees to grant the City, until the Note has been fully repaid with interest, the right during normal business hours to inspect the Collateral used to secure the Loan; and the Borrower further agrees to provide the City free access to the Borrowe r's premises for the purpose of such inspection to determine the condition of the Collateral provided such entry and inspection shall not unreasonably interfere with the construction or operation of the Collateral. SECTION 4.09: NULL AND VOID COVENANTS The Borrower agrees that in the event any provision of this Loan Agreement or any other instrument executed at closing, or the application thereof to any person or circumstances, shall be declared null and void, invalid, or held for any reason to be unenforceable by a Court of competent jurisdiction, the remainder of such agreement shall ne ve rth e less remain in full force and effect, and to this end, the provisions of all covenants, conditions, and agreements described herein are deemed separate. SECTION 4.10: EXPENSES AND CLOSING COSTS If required by the City, the Borrower agrees to pay all fees and charges incurred with respect to the Loan, or its making, or transfer to the City in any way connected therewith , including, but not limited to, the fees and out-of-pocket expenses of local counsel employed by the City, title insurance and survey costs , recording and filing fees, mortgage taxes, documentary stamp, and any other assessments, fees and expenses payable in connection with this transaction and with the enforcement of this Loan Agreement a nd Note. In the event the processing of the Loan is terminated, for whatever reason, or the Loan is not funded , for whatever reason, Borrower agrees to pay all fees of legal counsel employed by City to assist Borrower at the rate of $100.00 per hour, plus out-of-pocket expenses, and the fees of the representative of City at the rate of $150.00 per hour, plus out-of-pocket expenses, within thirty (30) days after billing . Interest shall accrue on unpaid fees at the rate of eighteen percent (18%) per annum compounded monthly. 11 SECTION 4.11: NOTICE OF DEFAULT The Borrower agrees to give written notice to the City of any event, within ten (10) days of the event, which constitutes an Event of Default under this Loan Agreement as described in Article VI herein, or that would, with notice or lapse of time or both, constitute an Event of Default under this Loan Agreement. SECTION 4.12: INDEMNIFICATION Borrower agrees and covenants to hold the City harmless, indemnify and defend it and its officers and agents of and from any and all claims of loss, damages or injury sustained by any person or damage to property and all expenses, including reasonable attorneys' fees , incurred or thereby arising from Borrower's performance under this agreement, including but not limited to any event of default under Article VI herein by the Borrower's principals, staff, agents, contractors or employees. Nothing herein shall be construed to require the Borrower to indemnify the City against the City's negligence or willful misconduct. If any of the following events of default referred to in the subsections listed below ("Event of Default") shall occur and be continuing at the time of such demand, the entire unpaid principal balance of the Note, and the interest then accrued thereon, shall become and be immediately due and payable upon demand, without presentment or protest, if not cured within the applicable cure period following written notice from the City as set forth in this Article VI. The Loan shall be in default whether it is voluntary or involuntary, with or without limitation, it occurred or was brought about by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rules or regulation of any administrative governmental body, provided, however, that such sum shall not be then payable if Borrower's payments have been waived or the time for making the Borrower's payments has been extended by the City. SECTION 4.13: EXPENSES OF COLLECTION OR ENFORCEMENT The Borrower agrees, if at any time the Borrower defaults on any provision of this Loan Agreement, to pay the City or its assigns, in addition to any other amounts that may be due from the Borrower, an amount equal to the reasonable costs and expenses of collection, enforcement or correction or waiver of the default incurred by the City or its assigns in such collection, enforcement, correction, or waiver of default, including reasonable attorneys' fees actually incurred . SECTION 4.14: OTHER CONDITIONS The Borrower agrees to identify City funding on construction signage and in any public project descriptions. ARTICLE V NEGATIVE COVENANTS OF THE BORROWER The Borrower covenants and agrees that, from the date hereof until payment in full of the Note, unless the City or its assigns shall otherwise consent in writing, it will not enter into any agreement or other commitme nt the performance of which would constitute a breach of any 12 of the covenants contained in this Loan Agreement, including, but not limited to, the following covenants: SECTION 5.01: ENCUMBER THE COLLATERAL The Borrower shall neither create nor suffer to exist any mortgage, pledge, lien, charge or encumbrance, including liens arising from judgments on the Collateral except as of record or disclosed to the City in writing prior to the making of the loan hereunder. SECTION 5.02: SELL THE COLLATERAL The Borrower shall not sell, convey, or suffer to be conveyed, lease, assign, transfer, or otherwise dispose of the Collateral unless approved in writing by the City; provided however, that nothing herein shall preclude the lease of individual residential dwelling units. SECTION 5.03: CHANGE OWNERSHIP Except as otherwise stated in the senior loan documents and the restated limited liability partnership agreement, Borrower shall not permit any material change in the ownership structure, control, or operation of the general partner of the Borrower without the written permission of the City, which permission shall not be unreasonably withheld, conditioned, or delayed. ARTICLE VI EVENTS OF DEFAULT If any of the following events of default referred to in the subsections listed below ("Event of Default") shall occur and be continuing at the time of such demand, the entire unpaid principal balance of the Note, and the interest then accrued thereon, shall become and be immediately due and payable upon demand, without presentment or protest, if not cured within the applicable cure period following written notice from the City as set forth in this Article VI. The Loan shall be in default whether it is voluntary or involuntary, with or without limitation, it occurred or was brought about by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rules or regulation of any administrative governmental body, provided, however, that such sum shall not be then payable if Borrower's payments have been waived or the time for making the Borrower's payments has been extended by the City. SECTION 6.01: NON-PAYMENT OF LOAN If the Borrower shall fail to make payment when due of any installment of principal on the Note, or interest accrued thereon and if the default shall remain unremedied for fifteen (15) days after written notice from the City to Borrower. SECTION 6 .02 : NON-PAYMENT OF OTHER INDEBTEDNESS If default shall be made in the payment when due of any installment of principal or of interest accrued on any of the Borrower's other indebtedness secured by any or all of the collateral securing this Loan, including, but not limited to, the Trust Deed of any other lender on 13 this Project or transaction, and if such default shall remain unremedied for thirty (30) days after written notice from the City to Borrower or within any longer applicable cure period. SECTION 6.03: INCORRECT REPRESENTATION OR WARRANTY Any representation or warranty contained in, or made in connection with the execution and delivery of this Loan Agreement, or in any certificate furnished pursuant hereto, shall prove to have been incorrect when made in any material respect and such misrepresentation or warranty has a material adverse effect on the enforceability of the Loan Documents or the value of the Collateral. SECTION 6 .04: DEFAULT IN COVENANTS The Borrower shall default in the performance of any other term, covenant, or agreement contained in this Loan Agreement, and such default shall continue unremedied for thirty (30) days after written notice thereof shall have been given to the Borrower by the City unless the same cannot reasonably be cured within the 30 days in which case the period for cure will be 90 days. SECTION 6.05: VOLUNTARY INSOLVENCY If the Borrower shall become insolvent or shall cease to pay its debts as they mature or shall voluntarily file a petition seeking reorganization of, or the appointment of a receiver, trustee, or liquidation for it or a substantial portion of its assets or to effect a plan or other arrangement with creditors, or shall be adjudicated bankrupt, or shall make a voluntary assignment for the benefit of creditors. SECTION 6.06: INVOLUNTARY INSOLVENCY If an involuntary petition shall be filed against the Borrower under any bankruptcy, insolvency, or similar law or seeking the re-organization of or the appointment of any receiver, trustee, or liquidator for the Borrower, or of a substantial party of the property of the Borrower, or a writ or warrant of attachment or similar process shall be issued against a substantial part of the property of the Borrower, and such petition shall not be dismissed , or such writ or warrant of attachment or similar process shall not be released or bonded within ninety (90) days after filing or levy. SECTION 6.07: JUDGMENTS If any final judgment for the payment of money that is not fully covered by liability insurance and is in excess of $100,000.00 shall be rendered against the Borrower, and within thirty (30) days, shall not be discharged, or an appeal therefrom taken and execution thereon effectively stayed pending such appeal, and, if such judgment be affirmed on such appeal, the same shall not be discharged within thirty (30) days. 14 ARTICLE VII MISCELLANEOUS SECTION 7.01: WAIVER OF NOTICE No failure or delay on the part of the City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No modification or waiver of any provision of this Loan Agreement or of the Note , nor any consent to any department by the Borrower therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. SECTION 7.02: AMENDMENTS; MISCELLANEOUS The Borrower and the City or its assigns, with the concurrence of the City, hereby expressly reserve all rights to amend any provisions of this Agreement, to consent to or waive any departure from the provisions of this Loan Agreement, to amend or consent to or waive departure from the provisions of the Note, and to release or otherwise deal with any collateral security for payment of the Note, provided, however, all such amendments shall be in writing and executed by the City or its assigns and the Borrower. City agrees that the Loan Documents will not be considered to be in default until the expiration of all contracted notice and cure periods provided to the Borrower. The terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. City agrees to deliver a copy of this Agreement to any transferee of its interests in the Loan Documents. If any provision of this Agreement is determined to be unenforceable for any reason , it shall be adjusted rather than voided, to the greatest extent possible, to achieve the intent of the parties. All of the other provisions shall be deemed valid and enforceable to the greatest extent possible. SECTION 7.03: NOTICES All notices, consents, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given to a party hereto if mailed by certified mail , prepaid, to the City at its address set forth below, and to the Borrower at the address set forth below or at such other addresses as any party may have designated in writing to an y other party hereto: CITY: Director Housing and Neighborhood Development PO Box 145488 451 South State Street, Room 406 Salt Lake City, Utah 84114-5488 15 BORROWER: Garden Lofts Holdings, LP 620 South State Street Salt Lake City, UT 84111 Attention: Jeffrey Nielson INVESTOR LIMITED PARTNER: SECTION 7.04: PAYMENTS GSB LIHTC Investor LLC Urban Investment Group c/o Goldman Sachs Bank USA 200 West Street New York, New York 10282 Attention: Urban Investment Group Portfolio Manager Email: gs-uig-docs@gs.com gs-uig-portfo li o-ma nager@gs.co m with a copy to: GSB LIHTC Investor LLC Urban Investment Group c/o Goldman Sachs Bank USA 200 West Street New York, NY 10282 Attention: Michael Lohr Email: michael.l ohr@gs.com with a copy to: Jones Day 100 High Street Boston, MA 0211 O Attention: John D. Kelley Telephone No.: (617) 449-6939 Email: jkelley@jonesday.co m The Borrower shall make payments to the City in accordance with the terms, conditions and instructions contained in the Note. SECTION 7.05: SURVIVAL OF REPRESENTATIONS AND WARRANTIES All agreements, representations, and warranties made by the Borrower here in, or any other document or certificate delivered to the City in connection with the transactions contemplated by this Loan Agreement, shall survive the delivery of this Agreement, the Note , 16 Trust Deed and the Security Agreements hereunder, and shall continue in full force and effect so long as the Note is outstanding. SECTION 7.06: SUCCESSORS AND ASSIGNS This Loan Agreement shall be binding upon the Borrower, its successors and assigns, except that the Borrower may not assign or transfer its rights without City's prior written consent. This Agreement shall inure to the benefit of the City, its successors and assigns, and , except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the Note. SECTION 7.07: COUNTERPARTS This Loan Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7.08: GOVERNING LAW This Loan Agreement and the Note and Security Agreements, Financing Statements and/or Trust Deed shall be deemed contracts made in the State of Utah and , for all purposes, shall be construed in accordance with Utah Law. SECTION 7 .09: ARTICLE AND SECTION HEADINGS Article and Section headings used in this Agreement are for convenience only and shall not affect the construction of this Agreement. SECTION 7 .10: BORROWER DEFINED/USE OF PRONOUNS The word "Borrower'' shall be deemed and taken to mean the party identified as such in the Preamble to this Agreement. The use of the neuter singular pronoun to refer to Borrower or City shall be deemed a proper reference even though Borrower or City may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations . The necessary grammatical changes required to make the provisions of this Loan Agreement apply in the plural sense where there is more than one Borrower and the corporations, associations, partnerships, or individuals, males or females , shall in all instances be assumed as though in each fully e x pressed . SECTION 7.11 : NON-RECOURSE TO BORROWER Notwithstanding anything contained herein or in the Trust Deed to the contrary, it is understood and agreed that the liability of the Borrower for the repayment of the indebtedness evidence by this Note and the performance of the obligations secured by the Trust Deed (the "Secured Obligations") shall be limited solely to the Collateral , and that the City waives any right to seek or obta in a deficiency judgment against the Borrower, Borrower's partners, and the officers, directors, members, pa rtners, shareholders, or employees of Borrower's partners , and agrees that it will look solely to the Collateral for, and that no other property or assets of the Borrower shall be subject to, levy, execution or other enforcement procedure for the satisfaction of the remedies of the City, or for any paym ent required to be made under this Note or for the performance of any of the Secure d Obligations; provided that the foreg o ing no n-recourse provisions (i) shall not constitute a release, forgiveness , waiver or remiss ion of the Secured 17 Obligations, but rather evidence City's agreement not to sue Borrower for any deficiency with respect to the Secured Obligations that may remain unpaid after City's realizati on upon the Collateral, and (ii) shall not limit the right of the City to name the Borrower as a party in any action or suit for foreclosure and sale under the Trust Deed or any other document executed in connection herewith to the extent necessary for foreclosure judgments or other realization upon the Collateral. Notwithstanding the foregoing provisions of this Section 7 .11, Borrower shall be personally liable and shall not be exculpated for any deficiency, loss or damage suffered by City, including City's reasonable attorney's fees and costs, resulting from Borrower's (a) fraud, intentional misrepresentation or gross negligence in connection with the transactions contemplated by the Loan Agreement; (b) waste or deterioration of the Collateral prior to an event of default hereunder; (c) misappropriation of any insurance proceeds payable to City under the Trust Deed; or (d) failure to pay any ta xes, assessments or other charges which could create liens on any of the Collateral which are or could become senior to the liens of the City, or any other liens arising from the consensual acts of Borrower directly, but not otherwise, which are or could become senior to the liens of City in such Collateral, excluding any such consensual liens appearing in City's title insurance policy issued in connection herewith. Nothing herein shall be construed to impose any liability on the Investment Member with respect to the Secured Obligations. SECTION 7.12: REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES Borrower represents as to itself that it has not: ( 1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to brea ch any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code . 18 EXHIBIT "B" TO LOAN AGREEMENT USE OF PROCEEDS Borrower will use the proceeds of the $1,000,000 loan it receives from Salt Lake City Corporation's Housing Trust Fund for the development of the Garden Lofts Apartment Project located at 154 West 600 South in Salt Lake City, Utah as follows: ITEM AMOUNT Development of multi-family apartment units 1,000,000 TOTAL $1,000,000 19 Exhibit 6 Recorded Deed of Trust MARY BETH THOMPSON Chief Financial Officer ERIN MENDENHALL Mayor DEPARTMENT OF FINANCE POLICY AND BUDGET DIVISION 451 SOUTH STATE STREET, ROOM 238 PO BOX 145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394 CITY COUNCIL TRANSMITTAL ___________________________________ Date Received: ________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: May 4, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer SUBJECT: Salt Lake City Library Budget Amendment #2 SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 DOCUMENT TYPE: Budget Amendment Ordinance RECOMMENDATION: The Administration recommends that, subsequent to a public hearing, the City Council adopt the following amendments to the FY 2020-21 Library Fund adopted budget. BUDGET IMPACT: REVENUE EXPENSE LIBRARY FUND $ 270,000.00 $ 270,000.00 LIBRARY CAPITAL PROJECTS FUND 0.00 0.00 TOTAL $ 270,000.00 $ 270,000.00 Lisa Shaffer (May 11, 2021 09:31 MDT) BACKGROUND/DISCUSSION: On April 26th, the Salt Lake City Public Library’s Board of Directors approved a budget amendment for the Library Fund that would leave an unrestricted fund balance well above the 16 percent target balance. The Administration is requesting the City Council adopt the proposed budget amendment of $270,000.00 for the Library Fund. PUBLIC PROCESS: Public Hearing SALT LAKE CITY ORDINANCE No. ______ of 2021 (Second Amendment of the Final Budget for the Library Budget of Salt Lake City, Utah for Fiscal Year 2020-21) An ordinance amending Salt Lake City Ordinance No. 25 of 2020 which adopted the final budget for the Library fund of Salt Lake City, Utah, for the fiscal year beginning July 1, 2020 and ending June 30, 2021. PREAMBLE On June 16, 2020, the Salt Lake City Council adopted the final budget for the Library fund of Salt Lake City, Utah for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-118 of the Utah Code. The City’s Budget Director, acting as the City’s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, copies of which are attached hereto, for consideration by the City Council and inspection by the public. All conditions precedent to amend said budget have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this Ordinance is to amend the final budget for the Library fund of Salt Lake City as approved, ratified and finalized by Salt Lake City Ordinance No. 25 of 2020. SECTION 2. Adoption of Amendments. The budget amendments, attached hereto and made a part of this Ordinance shall be, and the same hereby are adopted and incorporated into the budget for the Library fund of Salt Lake City, Utah for the fiscal year beginning July 1, 2020 and ending June 30, 2021, in accordance with the requirements of Section 10-6-128, of the Utah Code. 2 SECTION 3. Certification to Utah State Auditor. The City’s Policy and Budget Director, acting as the City’s Budget Officer, is authorized and directed to certify and file a copy of said budget amendments with the Utah State Auditor. SECTION 4. Filing of copies of the Budget Amendments. The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments in the office of said Budget Officer and in the office of the City Recorder which amendments shall be available for public inspection. SECTION 5. Effective Date. This Ordinance shall take effect on its first publication. Passed by the City Council of Salt Lake City, Utah, this _____ day of _______________, 2021. ________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________ Mayor’s Action: ____ Approved ____ Vetoed _________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _________ of 2021. Published: ___________________. Salt Lake City Attorney’s Office Approved As To Form _________________________ Jaysen Oldroyd Date:____________________ MEMO | April 19, 2021 To: Salt Lake City Public Library Board of Directors, Salt Lake City Administration and City Council From: Peter Bromberg, Executive Director Re: Budget Amendment 2 for FY2020-21 Library Administration is requesting a $270,000 increase to the FY21 general fund budget. This increase is required to budget and account for pass-through property tax revenue collected by Salt Lake County and remitted directly to the Utah Inland Port Authority and the Convention Facility. Neither of these entities has taxing authority, so the respective governments with taxing authority to which the tax revenues would have gone must show the revenue and a corresponding expenditure in their financial statements as required by Governmental Accounting Standards Board Statements 33 and 77. This requirement was noted as part of the Salt Lake City’s FY 2020 audit, and the issue has been discussed with Paul Skeen, the Library’s independent auditor, and Seth Oveson from the Office of the State Auditor of Utah, both of whom confirmed this requirement. The City has a similar amendment moving through the approval process. Administration is requesting that this amendment be approved at the April 26, 2021 meeting, so the amendment can be forwarded to the Salt Lake City Administration and City Council. The amendment is time sensitive and needs to be approved by both the Library Board and Salt Lake City Council prior to the end of FY2021. General Fund – Proposed increase of $270,000 Account Name Budget Amount Requested Amount Amended Amount Funding Sources CY Property Taxes-Pass Through $0 $270,000 $270,000 Totals $0 $270,000 $270,000 Expenditures Payments to Other Governments $0 $270,000 $270,000 Totals $0 $270,000 $270,000 Recommended Motion: Move to approve an increase to the Library’s FY21 general fund budget of $270,000. City Budget Director Analyst, City Council Date