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06/11/2024 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL AGENDA WORK SESSION June 11, 2024 Tuesday 3:00 PM Council meetings are held in a hybrid meeting format. Hybrid meetings allow people to join online or in person at the City & County Building. Learn more at www.slc.gov/council/agendas. Council Work Room 451 South State Street, Room 326 Salt Lake City, UT 84111 SLCCouncil.com 3:00 PM Work Session Or immediately following the 1:00 PM Redevelopment Agency Meeting 7:00 pm Formal Meeting Room 315 (See separate agenda) Welcome and public meeting rules In accordance with State Statute and City Ordinance, the meeting may be held electronically. After 5:00 p.m., please enter the City & County Building through the main east entrance. The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting based on circumstance or availability of speakers. The Website addresses listed on the agenda may not be available after the Council votes on the item. Not all agenda items will have a webpage for additional information read associated agenda paperwork. Generated: 08:51:34 Note: Dates not identified in the project timeline are either not applicable or not yet determined. Item start times and durations are approximate and are subject to change. Work Session Items Click Here for the Mayor’s Recommended Budget for Fiscal Year 2024-25   1.Informational: Updates from the Administration ~ 3:00 p.m.  15 min. The Council will receive information from the Administration on major items or projects in progress. Topics may relate to major events or emergencies (if needed), services and resources related to people experiencing homelessness, active public engagement efforts, and projects or staffing updates from City Departments, or other items as appropriate. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Recurring Briefing Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   2.Fiscal Year 2024-25 Budget: Unresolved Issues Follow-up ~ 3:15 p.m.  45 min. The Council will receive a follow-up briefing about unresolved issues relating to the proposed budget for Fiscal Year 2024-25. For more information visit tinyurl.com/SLCFY25. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, June 4, 2024; Thursday, June 6, 2024; and Tuesday, June 11, 2024 Set Public Hearing Date - Tuesday, May 7, 2024 Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 4, 2024 at 7 p.m. TENTATIVE Council Action - TBD   3.Capital City Revitalization Zone Follow-up ~ 4:00 p.m.  45 min. The Council will receive a follow-up briefing about Senate Bill 272, including next steps toward creating a Capital City Revitalization Zone, which could potentially facilitate redevelopment around the Delta Center. For more information visit tinyurl.com/SLCRevitalizationZone. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, April 16, 2024; Tuesday, May 7, 2024; and Tuesday, June 11, 2024 Set Public Hearing Date - Tuesday, May 7, 2024 Hold hearing to accept public comment - Tuesday, May 21, 2024 and Tuesday, June 11, 2024 at 7 p.m. TENTATIVE Council Action - TBD   Items A4 and A5 will be heard together. 4.Ordinance: Zoning Text Amendment to the D-1 Central Business District Zone Follow-up ~ 4:45 p.m.  45 min. The Council will receive a follow-up briefing about an ordinance that would amend the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), and Ambulance Services (indoor & outdoor) as Conditional Uses in the D-1 Central Business District. Petitioner: Kirton McConkie, Petition No.: PLNPCM2022-01109. This item is related to the proposed Zoning Map Amendment at 754 S. State Street (former Sears site). For more information on this item visit https://tinyurl.com/754StateStreetRezone. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, July 11, 2023 and Tuesday, June 11, 2024 Set Public Hearing Date - Tuesday, June 13, 2023 Hold hearing to accept public comment - Tuesday, July 11, 2023 at 7 p.m. TENTATIVE Council Action - TBD   5.Ordinance: Zoning Map Amendment at Approximately 754 South State Street Follow-up -  - The Council will receive a follow-up briefing about a proposal that would amend the zoning of property at approximately 754 South State Street (former Sears site) from D-2 (Downtown Support District) to D-1 (Central Business District). The purpose of the proposed amendment is to allow for the redevelopment of the property with an urban hospital. The Council will also consider an ordinance that would amend the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), and Ambulance Services (indoor & outdoor) as Conditional Uses in the D-1 Central Business District. Consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner: Kirton McConkie.(This item is related to the proposed zoning text amendment for the D1 zone). For more information on this item visit https://tinyurl.com/754StateStreetRezone. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, July 11, 2023 and Tuesday, June 11, 2024 Set Public Hearing Date - Tuesday, June 13, 2023 Hold hearing to accept public comment - Tuesday, July 11, 2023 at 7 p.m. TENTATIVE Council Action - TBD   6.Resolution: Public Utilities Revenue Bond, Series 2024A Written Briefing  - The Council will receive a written briefing about a resolution authorizing the issuance and sale of not more than $39,525,000 aggregate principal amount of Public Utilities revenue bonds, series 2024A, related to the water infrastructure improvements. The Council's action includes authorizing the execution of a supplemental indenture, a bond purchase agreement, and other documents as required. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, June 11, 2024 Set Public Hearing Date - Tuesday, July 2, 2024 Hold hearing to accept public comment - Tuesday, August 13, 2024 at 7 p.m. TENTATIVE Council Action - Tuesday, July 2, 2024   Standing Items   7.Report of the Chair and Vice Chair -  - Report of Chair and Vice Chair.    8.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.    9.Tentative Closed Session -  - The Council will consider a motion to enter into Closed Session. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a. discussion of the character, professional competence, or physical or mental health of an individual; b. strategy sessions to discuss collective bargaining; c. strategy sessions to discuss pending or reasonably imminent litigation; d. strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms; e. strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii) the public body previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the sale; f. discussion regarding deployment of security personnel, devices, or systems; and g. investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act.    CERTIFICATE OF POSTING On or before 12:00 p.m. on Friday, June 7, 2024, the undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda, including but not limited to adoption, rejection, amendment, addition of conditions and variations of options discussed. The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. Administrative Updates June 11, 2024 www.slc.gov/feedback/ Regularly updated with highlighted ways to engage with the City. Community Engagement Highlights Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com Planning Thriving in Place •Making the Emerald Ribbon •Concepts available for feedback •Ida M. Cotton Park •Survey available until July 31st •Madsen Park •Survey available until July 31st •Liberty Park Basketball Courts •New courts coming! Public Lands Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com Planning slc.gov/planning Thriving in PlaceMayor's Office Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.comThriving in PlaceEvents Events are collected from ACE funded events, City sponsored events, and publicly permitted events. This is not meant to be an all -inclusive list of all events going on in the City. Please verify information before attending. Event Start Date Event Location Hosting Organization(s)ACE Funded Partners in the Park 06/11/24 Jordan Park University Neighborhood Partners Yes Ballpark Bites 06/12/24 Jefferson Park Salt Lake City Events No Focus on Fest June: Refugee (See it This Way)06/12/24 Fit2Recover Mental Healthy F.i.T.Yes Acoustic Music Stroll on the Jordan River Parkway 06/13/24 Jordan River Parkway Salt Lake City Arts Council and Primrose Productions Yes Air, Art, and Alternative Transportation 06/13/24 Jordan Park HEAL Utah Yes Yappy Hour 06/13/24 Fairmont Park Salt Lake City Corporation No 8th Annual Utah Blues Festival 06/14/24 Gallivan Center Utah Blue Society Yes Homeless Resource Fair 06/14/24 Pioneer Park SLC Homeless Engagement and Response Team No Neighborhood House's Annual Summer Celebration 06/14/24 Neighborhood House Neighborhood House Yes Summer Celebration 06/14/24 Neighborhood House's Campus Neighborhood House Yes 2do Festival Latinoamericano de Salud 06/15/24 See address CCP Covid-19 first response team from Alliance Community Services in partnership with Utah Health Plans from the University of Utah No Beer at the Confluence 06/15/24 Three Creeks Confluence Seven Canyons Trust Yes Downtown Farmers Market 06/15/24 Pioneer Park Urban Food Connections of Utah Yes Filipino Festival of Utah celebrating Philippine Independence Day 06/15/24 International Peace Gardens FILFEST of Utah with PAAU, PACCI, UCFAA and NAFFAA Yes Fit to Recover 5k for Recovery 06/15/24 Fit to Recover Fit to Recover Yes SLUG Mag's Brewstillery 06/15/24 Art Space City Center SLUG Magazine Yes Summer Series Queer Maker Market 06/15/24 Under the Umbrella Bookstore Under the Umbrella Bookstore Yes Yoga in the Park 06/16/24 Pioneer Park Salt Lake City Events No Homeless Resource Center Utilization: •All locations "At Capacity" - 98.2% https://endutahhomelessness.org/daily-bed-availability/ Encampment Impact Mitigation/ Rapid Intervention: •EIM- 9th South River Park/ Fife Wetlands •RIT -Jordan River- various locations Resource Fair:Friday June 14th 9:30 -12:30 @ Pioneer Park Kayak Court:Friday June 21st @ Fairmont Park HEART Youth City Intern: Isha Madey Homelessness Update Shelters: 801-990-9999 Additional System Information: Salt Lake Valley Coalition to End Homelessness (SLVCEH) endutahhomelessness.org/ salt-lake-valley Utah Office of Homeless Services (OHS) jobs.utah.gov/homelessness/ index.html 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 BUDGET STAFF REPORT CITY COUNCIL of SALT LAKE CITY tinyurl.com/SLCFY25 TO:City Council Members FROM: Jennifer Bruno, Ben Luedtke, Lehua Weaver Allison Rowland, Sam Owen, and Sylvia Richards DATE: 6/10/2024 – 6pm RE:UNRESOLVED BUDGET ISSUES – Follow-up on Council Questions New Information: The Council discussed many of the issues in the below staff report on 6/4 and 6/6, and conducted several straw polls. See attached spreadsheet for a summary of those discussions/straw polls, as well as the legislative intents section, as several were straw polled and discussed at the 6/6 work session. Any new information, or summary of Council discussion/straw poll that was not included in the staff report for the Tuesday, June 6 discussion is reflected in blue font. Actual new growth revenue (new info as of 6/10) – Final property tax information was received from the State and County. The actual new growth revenue the City can budget is $2,922,944, which is $1.9 million more than was proposed in the Mayor’s recommended budget. The Council has the following options now that this number is verified: •Balance the general fund without using general fund balance (as shown in the tracking sheet, just over $1.1 million still remaining in excess – green box at the top). •Use some of the excess $1.1 million to reduce the amount used from FOF fund balance •Use some of the excess to add funding to certain line items already straw polled. Potential for completed CIP funds to be recaptured (new info as of 6/7) – Staff has worked with the Administration and has identified $1,012,153 in funding that is remaining in various completed CIP project accounts that can be recaptured. This amount could be used to balance the general fund budget, or could be added to CIP for consideration later in the summer. ISSUE AT-A-GLANCE Staff has kept a list of items that one or more Council Members have raised as potential changes to the Mayor’s Recommended Budget, or items that might need further Council discussion. It should be noted that this is a staff-generated draft, reflecting Council questions and discussions as of the date of its printing. It may be updated prior to the work session discussion, and Council Members may have changes or corrections to individual items, and Council Members may add items. Project Timeline: Briefing: June 4, 2024 Budget Hearings: May 21 & June 4, 2024 Potential Action: June 11 or 13 2 If a budget impact is apparent (revenue, FTE and/or expense changes), that amount has been listed, or noted as “to be determined.” Depending on Council feedback, adjustments can be made to the overall key changes document, so that the Council can track the net effect of these decisions on the overall budget. Changes to the budget may cause it to be out of balance (increase or decrease expenses and revenues). As these changes occur, the Council would need to identify offsetting revenue enhancements or expense reductions to bring the budget back in balance. Staff can research and provide other revenue generation or expense cutting options if the Council is interested. Once initial Council interest in various items can be determined, staff will have a live tracking of additions to or subtractions from the Mayor’s recommended budget, to ensure the final budget adopted by the Council on June 11 or 13 is balanced. (Note: this list is not comprehensive – please let staff know if there are other items to add) Follow-up Items 1.Items to consider adding to the budget. Some Council Members have expressed interest in adding/adjusting the following items to the budget (staff is working with the Administration on cost estimates): a. Police – i. A placeholder for the general fund matching portion for an anticipated public safety team along the Jordan River. The City is in the process of applying for this grant and some Council Members have expressed an interest in adding a placeholder for the City’s match so that once a grant is (hopefully) received it can be implemented expeditiously. The total first year cost to the General Fund is estimated at $1,828,450 ($470,242 city share of personnel costs and $1,358,208 for vehicles and equipment). The City is requesting a waiver of the local cost share. On 6/6 the Council straw polled support for allocating $500,000 from Funding our Future fund balance for this purpose. ii. Noise Enforcement – TBD – request a briefing from the Police Department regarding noise enforcement. Consider funding additional equipment to enhance enforcement. See legislative intent. Council straw polled adding equipment and supported a legislative intent. b. Public Lands i. Increase funding for general park maintenance like mowing, etc (see related legislative intent, page 4 item 1). Issues raised have been medians and general parks maintenance. See also idea for adding this funding in non-departmental. Council straw polled adding in non-departmental. ii. Review new proposed FTEs (see item #2) c. Community and Neighborhoods i. Additional funding for “20 is plenty” sign campaign - $30,000 TBD – Some Council Members expressed support for providing additional funding for this initiative. Information from Transportation: all incorrect signs have been replaced. This funding would add approximately 100 new signs in key areas, such as around schools. ii. TBD – Additional funding for Advantage Services for bio waste cleaning. Discussion concluded that the amount added in Budget Amendment #5 and shift within homelessness funding will allow this service to continue 7 days per week. No addt'l funding at this point. d. Non-Departmental: i. The Council could consider adding funding in non-departmental for general parks maintenance for the Administration to come back to the Council with a plan. Amount TBD. The Council straw polled support for adding $200,000 for this issue. Staff has added this in the funding our future column as it is consistent with FOF categories. Discussion included the Council’s hope that this is included in the dept budget ongoing for FY 26. Clarification may be needed to confirm this amount is adequate for Spring of 2025 as well as remaining calendar year 2024. ii. Water Contamination – short term – funding for temporary dumping facilities or restrooms to alleviate waste from entering the water stream. Staff is confirming that $10,000 for black water waste disposal proposed to be removed from CAN is being 3 added to Public Services’ budget. Council discussed and straw polled adding $500,000 for short-term delivery of publicly accessible restrooms in a manner TBD by the Admin. iii.Water Contamination – Long term – Funding for a study on what is needed to improve water quality in the Jordan River, including whether RV dumping stations or restrooms are needed. Coordination with public Utilities, Public Lands, Public Services. Discussion concluded asking staff and the Administration to engage with other entities including DWQ and Utah Fairpark Area Investment and Restoration District (U-FAIR) on this long-term goal. iv. Add funding to the CIP budget to fund the Livable Streets Initiative (no funding was recommended by the CDCIP board or Mayor for FY 25). As a point of reference each installation is approximately $500,000, and the funding request for FY 25 was $3 million. The Council may wish to discuss with the Administration what amount might be ideal to fund on an annual basis, considering the need and interest is so great across the City. Council straw polled adding $2 million to CIP for this program. The Administration recommended this could be funded through fund balance of the County ¼ cent for transportation. Staff has noted this in the tracking spreadsheet. v. TBD – Add funding to address community requests for Harvard/Yale historic district street signs (does not qualify for CIP). Council discussion asked for a legislative intent to broaden this program to cover any neighborhood request – see legislative intents section. e. Compensation i. Fire Union negotiations are ongoing and may result in additional discussions with regard to overall budget. ii. Some Council Members requested the dollar figure if employee compensation were increased beyond the Mayor’s recommendation of 5%. For each additional percent, the amount for the general fund would be $2,792,206. 2.Evaluate All New Positions – some Council Members expressed an interest in considering all proposed new FTEs in more detail, potentially straw polling each. The spreadsheet below lists each new proposed position by Department, along with the FY 25 budget and annual cost. a. Note: Some positions are funded for less than a full year to reflect the time it takes to actually hire an employee. One Council Member asked for additional clarification on the difference between the amount included in the budget for all new positions this year and the amount that will be needed to fully fund the position next year. Accounting for the revenue offset from the Airport for new police officers working there, the total amount budgeted for FY 25 is $2.1 million, and the total annualized cost is $2.5 million (a difference of $307,746, which would be the structural deficit for FY 26 relating to FTEs). $116,364 of this could be covered in Funding our Future). b. The Council may wish to conduct straw polls for any of these positions and the budget could be adjusted accordingly. Note that the Council already straw polled unanimous approval of the Downtown Special projects coordinator in the Mayor’s office. On 6/6 he Council straw polled support for all positions. 4 •Vacant FTEs - Some Council Members have asked about reconsidering or repurposing existing vacant FTEs, especially those that have been added in recent years. Staff has included a report of vacant positions in the attachment (as of 5/7/24). •It should be noted that some positions may have since been filled, or there may be additional context not readily apparent based on job title. As such, staff has drafted a legislative intent asking for the Administration to focus on vacancies as it conducts the zero based budget exercise. See page 4 item 1 for draft language. •Note: The Administration has requested that the Council consider shifting the Engineer IV position proposed for Public Services in the MRB to CAN. 4. Other Funds a. Fleet Fund (transfer from other Funds) i. The Fleet Fund budget proposes $5 million for vehicle replacements, and would use all the Fleet Fund’s fund balance. Would the Council consider identifying additional funding to maintain a healthy rate of vehicle replacement and prioritizing eco-friendly vehicles? Note: supply chain issues are also contributing to Fleet not receiving vehicles that have been ordered. Fleet estimated that an additional $3.5 million would be needed to prevent the backlog of vehicles eligible for replacement getting bigger. 26% of vehicles are beyond industry recommended useful life. The Council may wish to weigh the ability of the department to receive vehicles with continued “best practice” funding levels. Council discussion concluded by supporting the Administration’s recommended budget. b. RDA – clarify all “strategic intervention” accounts, including the “Downtown for All” in the Central Business District, come back to the board for expenditure proposals. 5.Existing Programs – the Council may wish to discuss whether to reduce or eliminate any existing programs offered by the City. FY 2025 Proposed NEW FTEs Department FTEs FY 2025 proposed budget months Annual Cost Difference Funding our future Attorney Boa rds a nd Commi s s i ons Ana l ys t (Gra de 26)1 89,640$ 10 107,568$ 17,928$ Ci ty Pros ecutor's Offi ce - As s i s ta nt Pros ecutor 1 60,623$ 10 72,748$ 12,125$ Communi ca ti ons a nd Enga gement Ma na ger (Grade E34)1 139,715$ 10 167,658$ 27,943$ Bui l di ng I ns pector (Gra de E27)1 104,580$ 10 125,496$ 20,916$ Economic Development Si s ter Ci ti es Pa rt Ti me pos i ti on 0.5 47,000$ 10 56,400$ 9,400$ Finance Bus i nes s Sys tems Ana l ys t 2 126,437$ 10 151,724$ 25,287$ Gra nt Ana l ys t (PT to FT)0.5 55,285$ 10 66,342$ 11,057$ Fire Medi ca l Res pons e Pa ra medi cs for (CHAT) Communi ty Heal th Acces s Team Enhancements - (FOF Fundi ng)2 163,727$ 10 196,472$ 32,745$ $ 32,745 Justice Court Communi ty Outrea ch Ca s e Ma na ger (Gra de 19)1 88,363$ 10 106,036$ 17,673$ $ 17,673 Mayor Seni or Advi s or for Downtown Proj ects 1 216,420$ 10 259,704$ 43,284$ Police Ai rport Sta ffi ng a nd Equi pment (Revenue Offs et)6 2,328,683$ 10 2,794,420$ 465,737$ Public Lands Gl enda l e Pa rk Ma i ntena nce Tech I I I (Gra de 119 Uni on)1 76,700$ 10 92,040$ 15,340$ $ 15,340 Publ i c La nds Proj ect Coordi na tor (Gra de 26)1 Sea s ona l FOF 10 Seas ona l FOF Seni or Publ i c La nds Pl a nner (Gra de 31)1 125,979$ 10 151,175$ Seni or La ns ca pe Archi tect (Gra de 34)1 142,636$ 10 171,163$ Public Services Proj ect Del i very Support for Pa rks Proj ects 2 249,694$ 10 299,633$ Ra pi d I nterventi on Tea m 3 253,028$ 10 303,634$ 50,606$ $ 50,606 Sea s ona l to FTE Si gna nd Ma rki ngs techni ci a ns 2 Sea s ona l 10 Engi neer I V (Gra de 31)1 117,210$ 10 140,652$ 23,442$ Subtotal 29.00 4,385,720$ 5,262,864$773,482$ 116,364$ Revenue Offset 2,328,683$ 2,794,420$ 465,737$ Total General Fund Staffing $2,057,037$ 2,468,444$307,746$ 116,364$ Community and Neighborhoods 5 6.Follow-up questions – Staff has been providing Council Members with follow up information relating to questions raised at department briefings. Some of those are included in the above items and others are more informational in nature. Please let staff know about any questions that arise. 7.Funding options - Staff has identified the following potential funding sources for Council discussion/consideration, potentially to address some of the above ideas: a. Potential additional revenue (pending information from Tax Commission and follow up from the Administration – due by June 8 per state law) i. Actual New Growth (if it comes in above the $1 million included in the MRB) ii. Actual Judgement Levy (if it comes in above the $209,910 in the MRB) b. Fund balances available – Previously the City had a policy of maintaining a minimum of 10% fund balance. In FY 19 the Council established a policy goal of 13%, although that goal is not legally binding. Staff has provided both figures. Also note this is one-time in nature and to the extent it funds ongoing ideas, this would increase the structural deficit for FY 26. The FY2025 annual budget is using nearly $40 million from Fund Balance which leave the projected amounts below: Amount above 13%Amount above 10% General Fund Only $ 1,881,111 $ 14,521,422 Funding our Future Only $ 9,923,710 $ 11,660,452 Total (15.6% of Total General Fund revenue) $ 12,323,524 $ 26,580,876 c. Update line-item label for retirement payouts to also be eligible for parental leave or other initiatives. (currently that line item is not fully spent each year and Departments have largely absorbed retirement costs. This is risk if the City experiences faster-than-expected retirements). d. Consider re-appropriating funds that would otherwise drop to fund balance within a department (funds that are not likely to be spent for FY 24) e. Increase property tax for the general fund (Note: the proposed FY 25 budget does not include a general fund tax increase. Because it includes a judgement levy, a truth in taxation hearing is required. A truth in taxation hearing is also required for the requested FY 25 library $5.3 million property tax increase). f. Adopt a more aggressive forecast for Sales Tax revenue (not necessarily recommended due to the volatility of this line item). g. Adopt additional fee increases. h. Evaluate compensation levels for non-represented employees (reduce the mayor’s 5% general pay increase recommendation). Each 1% is approximately $2.8 million in the general fund. i. The finance department has a current vacant position, $84,798 for partial year funding of an FTE that is contingent upon receiving grant funds from the Miller foundation for development in the ballpark. It was created two years ago but that project has not proceeded. The Council could consider removing the position, or could ask the Administration if recent developments, and a recent donation from LHM, will cause them to need to hire for this position. 8.Budget “clean up” items – these are items that either the Staff or Administration have flagged as potential corrections to the budget to ensure expectations are met: The Council straw polled support for these items. a. Non-Departmental – i. The proposed budget mistakenly showed $200,000 in additional funding for the arts council from Funding Our Future. The Administration is recommending this be funded via the general fund (fund balance) instead. ii. The FY 25 proposed budget inadvertently left out a $113,798 shift from Non- Departmental to CAN via the Sorenson Center County contract. Staff will make this budget correction prior to adoption. iii. $99,840 is listed for ongoing culturally responsive therapy for negative police interactions, however $20,000 was recommended by the Racial Equity in Policing 6 Commission. This would make $79,840 available for other needs/uses in this policy area. iv. An existing Employee Relations Manager FTE in the HR Department is proposed to be reclassified as a Recruiter (budget neutral). The change is not reflected in the staffing document which can be updated for Council adoption. b. Staff is continuing to work with the Administration to address several clean up items in both the Key Changes and staffing document. Potential Legislative Intents – Note: this is DRAFT language that staff has put together based on questions and input from Council Members. The Council can make any changes to exact wording and can add/eliminate ideas from consideration by discussing and taking straw polls in work sessions. The Council discussed and straw polled several legislative intents at the 6/6/24 work session, as noted in blue below. 1.Council Straw Poll: Support - Policy Goals for Zero-Based Budgeting Exercise. It is the intent of the Council to use the City’s Fiscal Year 2026 zero-based budgeting exercise as an opportunity to evaluate efficiencies and staffing resources in specific policy areas including: a.Balancing Resources in the Public Lands Department. Request the Administration evaluate whether additional resources are needed in all areas of the Public Lands Department, or if there are resources that can be shifted within the Department to address the balance between new projects and ongoing responsibilities. The Council is interested in understanding how resources are allocated between new projects versus regular maintenance (like mowing and weeding) and deferred capital maintenance projects (like restroom repair or roof replacement). As a part of this evaluation, the Council requests Public Lands also evaluate whether deploying autonomous maintenance vehicles would assist in a more efficient use of resources. Alternatively, the Council could consider a stand-alone legislative intent on this topic. b.Evaluating Alternative Response Programs. Request the Administration evaluate the alternative response programs located across various departments and divisions using a zero- based budgeting approach. This includes any alternative response model funded by the City to address public safety, homelessness, and parks. Council Members expressed a desire to better define what constitutes success for each program, use performance measures to compare program outcomes, and determine the effectiveness and efficiency of each of the programs. (Remove stand-alone intent from previous years) c.Staffing Vacancy Analysis. Request the Administration evaluate all vacancies (for full-time, part-time, and seasonal employees) as part of the zero-based budgeting exercises planned for FY2026. This would include a more detailed analysis of the number, duration, and unused portions of budget allocations resulting from vacancies, as well as tracing positions and departments across multiple fiscal years. Positions with higher vacancy durations or frequencies could be considered for reclassification, adjustment, or elimination. Alternatively, the Council could consider a stand-alone legislative intent on this topic. 2.Council Straw Poll: Support - Compensation Plan. It is the intent of the Council to request that the City Compensation Plan include a policy change to make division directors appointed employees, like department deputy directors and department directors. The Council may wish to consider exempting certain positions like the City Comptroller, which has an independent fiduciary duty to the City beyond any department or division arrangement. Some Council Members also expressed interest in adjusting the Appointed Pay Plan pay range to recognize that employees in these positions have less job protection than merit employees. 3.Council Straw Poll: Support 5-1 - Charging Stations for Electric Vehicles. It is the intent of the Council that the Public Services Department, in coordination with the Sustainability Department, study the options for eliminating free charging stations for electric vehicles, and shifting them to a paid service run by a contractor. 7 4.Council Straw Poll: Support - Noise Enforcement (Vehicular and Non-vehicular). It is the intent of the Council to request a briefing from the Administration about noise enforcement in the City and existing State law. This would include but not be limited to: a. noise enforcement for violations from both vehicle and non-vehicular sources; b. identification of additional resources needed to improve enforcement; c. policy regarding noise ordinance waivers; d. semi-annual reports regarding noise enforcement; e. consideration of increased fines as a deterrent; f. proactive work with any mass gathering or event spaces (including institutions that sponsor high-decibel events). 5.Council Straw Poll: Support 5-1 - Neighborhood District Signs. It is the intent of the Council to request a future policy discussion with the Administration about establishing a standard process and broadening the City’s ability to respond to requests for neighborhood-marking signs, including requests for historic district street signs. 6.Council Straw Poll: Support - Consolidated Fee Schedule. It is the intent of the Council to request that the Administration evaluate the consolidated fee schedule in the following areas: a. sidewalk closures, lane closures and sidewalk fees, including potential fines for blocking sidewalks; b. reducing business license fees for push carts and other mobile vendors; c. providing 100% forgiveness of City playing-field fees for youth development teams (not competitive teams) in return for “sweat equity” at these locations. The Council further requests an annual report provided with the Mayor’s Recommended Budget which shows the percentage of the fully-loaded potential fee that is proposed, so the Council can consider adjusting on that basis. New legislative intents added on 6/6/24: 7.Council Straw Poll: Support - Jordan River Water Quality – It is the intent of the Council that the Sustainability Department facilitate discussions among City departments (such as Public Utilities) and State and Federal agencies (such as the Department of Water Quality and Environmental Protection Agency) to identify the best approaches to improving water quality in the Jordan River. The Council may consider future funding requests based on these discussions. 8.Council did not discuss/straw poll - Council Member Compensation – Some Council Members have expressed an interest in adopting a legislative intent that would ask the CCAC, HR, and our council staff to collaborate in the evaluation of the ordinance governing elected official compensation, including recommending whether to eliminate or adjust the Council’s existing salary connection to a percentage of the Mayor’s annual salary. The review could also evaluate the following: term limits; a potential biennial evaluation of Council compensation; and potentially codifying the timing for future consideration of adjustments. It is our intent to have these conversations before the end of 2024. Council Member Mano has suggested an alternative legislative intent for consideration: The Council intends to evaluate the ordinance governing elected official compensation, including whether to eliminate or adjust the Council’s existing salary connection to a percentage of the Mayor’s annual salary. The Council also intends to evaluate the following: term limits, additional compensation for leadership roles, and potentially codifying a regular reconsideration of elected official compensation. It is the intent of the council to ensure that this position is open to any qualified candidate, regardless of their economic background or financial circumstances; and that, once elected, councilmembers can 8 fulfill the responsibilities and demands of the role without undue financial stress. It is our intent to have these conversations before the end of 2024. The following is an alternative that was suggested to staff on 6/9/24 and is included for discussion purposes: The Council intends to evaluate the ordinance governing elected official compensation and have this conversation before the end of 2024. Potential Conditional Appropriations 1.Council Member Wharton will review language. Not straw polled - Trails contingency – In FY 24, the Council adopted the following contingency related to funding for trails (see below). The Council may wish to consider an additional or similar contingency for FY 25, until a briefing on the Administration’s transmittal is held. The update reflects that the contingency may be met and the Council can review and discuss whether the new plan satisfies the intent of the contingency so that funds can be released. (Staff is coordinating with Chair and Vice Chair on the schedule to review the Administration transmittal to address the questions raised in this contingency.): Foothill Trails contingency – Existing and new funds for the construction, modification and decommissioning of trails built under the Foothills Trail System Master Plan, Phase 1, will be placed in a holding account with release contingent on the Administration’s review, in collaboration with a broad spectrum of community stakeholders, of: i. the implementation to-date of the Master Plan; ii. identification of adjustments or additional engagement as warranted; and iii. the Council’s authorization to move forward after the Council evaluates the results of the process. The City Council is willing to provide funding to the Administration for one or more outside experts who can objectively evaluate the technical and public policy aspects of the trail changes and additions completed to date and anticipated in the Master Plan. That written evaluation should focus on, but not be limited to: iv. the extent to which trail planning and development have been consistent with the vision, goals and principles in the Master Plan, including: best practices; strategies for the preservation and stewardship of the land; and v. respect for Tribal concerns. vi. In addition, the written evaluation should include an analysis of how the process could be adapted to better meet the needs and desires of all users. Existing and new funds for environmental studies will not be on hold, so long as such funds are not used for construction or decommissioning of trails. Existing and new funds for maintenance or repair of existing trails are released to conduct ongoing maintenance ensuring that tread is within standard design practices for linear grade, width, cross slope and surface drainage. This does not include realignment. Passive closure of trails is allowed if a trail becomes a danger to environment (excessive water damage and erosion) or public safety (for example when a trail has washed out or excessive water damage has occurred). Passive means fence and signage. No trenching is permitted. 2.Council Straw Poll: Support - Continued Contingency for All Funding Our Future -- Sales Tax Funds (this has been adopted each year since the City implemented the sales tax). The Council approves Funding Our Future sales tax revenue appropriations with the following conditions: 9 a. Expenditure of Funding Our Future Sales Tax Funds. Funding our Future funds may not be expended unless the department or division expending the funds complies with: i. Utah Fiscal Procedures Act ii. The City’s Procurement Code and Rules iii. Written verification from the City Attorney and City Finance Director that proper legal and financial procedures have been followed. b. Other Funding Our Future Budget Contingencies: i. The Administration providing a written semiannual spending, implementation and outcomes report on each of the critical need areas. ii. Tracking funding for Fleet provided through the Funding our Future tax separately to ensure it is spent only on public safety (police, fire, dispatch). iii. The Administration spending funds in the critical need areas as adopted in the attached key changes spreadsheet. iv. The Administration bringing back to the Council any proposed adjustments to the adopted budget in a budget amendment for re-appropriation before changes are made. v. The Administration maintaining and regularly updating a publicly available dashboard reflecting revenues received and actual uses. vi. In FY21 and all future funding requests, providing a label denoting which line items are funded with this Funding Our Future sales tax funds. vii. For all positions added, the Administration shall submit an annual written review along with the Mayor’s Recommended Budget to ensure that each position continues to serve the critical need areas and, if a Council work session briefing is scheduled, provide a presentation of the report. Budget Glossary (not all terms are necessarily in this report) American Federation of State, County and Municipal Employees - AFSCME Budget Amendment - BA Capital Improvement Program – CIP Community and Neighborhoods – CAN Community Land Trust – CLT Economic Development Corporation of Utah - EDCU Funding Our Future - FoF Frequent Transit Network – FTN Fiscal Year – FY Full-Time Employee – FTE Housing and Neighborhood Development – HAND Human Rights Commission – HRC Homeless Resource Centers – HRCs Housing Trust Fund - HTF Interlocal Agreement – ILA International Association of Chiefs of Police – IACP Mayor’s Recommended Budget - MRB Redevelopment Agency – RDA Salt Lake City School District – SLCSD Salt Lake City Fire Department - SLCFD Request for Proposal - RFP TBD – To Be Determined Transit Master Plan – TMP United Nations – UN Utah League of Cities and Towns Utah Transit Authority – UTA Volunteers of America - VOA Wasatch Community Gardens - WCG 6/10/2024 **DRAFT **6:37 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 A B C D E F G H Net 1,139,281$ -$ Amount Revenue Expenses Revenue Expenses Revenue Items Actual New Growth Revenue (MRB estimated - $1m)2,922,944$ $1,922,944 Judgement Levy (if it comes in above the $209,910 recommended in the budget)116,407$ (93,503)$ One-time $: Use General Fund fund balance over 13% (GF only) balancing # - pending final property tax #s 1,881,111$ One-time $: Funding our future fund balance dollars over 13% (FOF only) pending final property tax #s 9,923,170$ $3,500,000 One-time $: Use General Fund fund balance over 10% (GF only)14,521,422$ One-time $: Funding our future fund balance dollars over 10% (FOF only)11,660,452$ One-time $: Capture funds dropping to fund balance in FY 24 One-time $: Recapture CIP funds from dormant projects 1,012,153$ Reconsider new FTEs proposed in the budget - logistically this would be an expense reduction (total amount for new FTEs NOT including Airport FTEs which are offset with airport revenue)2,057,037$ blue = ongoing orange = one- time Police Placeholder for matching funds for Jordan River Team (implemented in a future budget amendment) - Amount pending final property tax #s and grant award decision Actual Year 1 cost - $1.5 million plus $1.3 million for equipment. Admin will request a year 1 waiver.1,000,000$ 500,000$ Noise enforcement equipment - placeholder amount 50,000$ 50,000$ Community and Neighborhoods Transportation: Add funding for "20 is Plenty" campaign - to correct signage that currently lists 25 MPH as the speed limit and should list 20 MPH. Information from Transportation: all incorrect signs have been replaced. This funding would add appx 100 new signs in key areas, such as around schools - clarify school areas are the priority. 20,000$ 20,000$ Additional funding for Advantage services/biowaste cleaning - Discussion concluded that the amount added in Budget Amendment #5 and shift within homelessness funding will allow this service to continue 7 days per week. No addt'l funding at this point. see note Non-Departmental General increased funding for Public Lands basic maintenance for Spring Cleanup or related needs and planning for next year. Recommended for FOF funding. Discussion included the Council's policy goal that this is included in the dept budget ongoing for FY 26. Clarification may be needed to confirm this amount is adequate for Spring of 2025 as well as remaining calendar year 2024.200,000$ 200,000$ More restroom facilities - Funding for Administration to propose a plan for providing more public restroom facilities (including contracting, refurbishing former transit vehicles, etc). The goal of this funding is near-term delivery of more restrooms. 500,000$ 500,000$ Addressing Jordan River water quality - short term: funding for temporary dumping facilities or restrooms/including showers/laundry (Discussed/addressed in item above)200,000$ see note Jordan River water quality - long term: Funding for a study to improve water quality along the Jordan River. Discussion concluded asking staff and the Administration to engage with other entities including DWQ and Utah Fairpark Area Investment and Restoration District (U-FAIR) on this long-term goal.100,000$ see note Add funding to CIP for Livable streets initiative - Fund with County 1/4 cent transportation fund balance. Consider increasing amount if available. Ask Administration to potentially include it as ongoing in future years. $ 2,000,000 Admin recommend to fund with 1/4 cent transportation fund balance Harvard/Yale historic street signs - Discussion concluded asking staff to author a legislative intent requesting a policy discussion and consider signage requests citywide. See unresolved issues staff report for draft. 30,000$ see note Budget clean-up: REP Commission recommendation for Culturally Responsive Therapy for negative police interaction (recpature funding b/c amount in budget was higher than recomnmendation)79,840$ (79,840)$ Additional funding needed to fulfill union agreements 200,000$ not needed Increase general fund transfer to Fleet - Discussion concluded without a straw poll, going with the Administration's recommendation. TBD see note Recapture some of the "Water Assist" funding, $100,000 is budgeted, but usage has been steady around $15,000- 20,000 / year. Council could request additional engagement, keep $50,000 in case usage increases, and recapture $50,000 one-time.50,000$ Council interested in expanding program Funding to complete 2100 South Utility upgrades (new request as of 6/6/24)3,000,000$ 3,000,000$ Funding for arts council from general fund instead of FOF 200,000$ ($200,000) Shift $113,798 from Non-dept to CAN (budget neutral) Employee Relations Manager reclassified to Recruiter (budget neutral) Attorney FY 25 Budget Amount Boards and Commissions Analyst (Grade 26)1 89,640$ Assistant to the Prosecutor 1 60,623$ Community and Neighborhoods Communications and Engagement Manager (Grade E34)1 139,715$ Building Inspector (Grade E27)1 104,580$ Economic Development Sister Cities Part Time position 0.5 47,000$ Finance Business Systems Analyst 2 126,437$ Grant Analyst (PT to FT)0.5 55,285$ Grant Analyst initially approved in a budget amendment (GF funding initial)1 116,382$ Funded through Impact Fees - Impact Fee Financial Analyst 1 n/a New Positions - these are included in the MRB - listed here for additional discussion per Council Member request Council straw-polled support of all positions Unresolved Issues Tracking - Council straw polls/discussions as of 6/6/24 in green - New information/items for 6/11 in blue General Fund Funding our Future Categories: Housing, Transit, Public Safety, Infrastructure, Parks Maintenance Council Member-raised Ideas - see staff report for additional detail/background Budget cleanup - these are items that either the Staff or Administration have flagged as potential corrections to the budget to ensure expectations are met: Council straw polled support of these items 6/10/2024 **DRAFT **6:37 PM 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 A B C D E F G H Fire Medical Response Paramedics - (FOF Funding)2 163,727$ Justice Court Community Outreach Case Manager (Grade 19)1 88,363$ Mayor Senior Advisor for Downtown Projects (Straw poll support already)1 216,420$ Police Airport Staffing and Equipment (Revenue Offset)6 2,328,683$ Public Lands Glendale Park Maintenance Tech III (Grade 19 Union)1 76,700$ Public Lands Project Coordinator (Grade 26)1 Seasonal FOF Senior Public Lands Planner (Grade 31)1 125,979$ Senior Lanscape Architect (Grade 34)1 142,636$ Public Services Project Delivery Support for Parks Projects 2 249,694$ Rapid Intervention Team 3 253,028$ Seasonal to FTE Signal nd Markings technicians 2 Seasonal Engineer IV (Grade 31)- Council straw polled shifting this to CAN 1 117,210$ IMS Data Privacy Manager (Grade 34)134,813$ Item G5 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: Nick Tarbet Policy Analyst DATE:June 11, 2024 RE: MOTION SHEET Capital City Revitalization Zone MOTION 1 I move the Council a close the public hearing. MOTION 2 I move the Council continue the public hearing to a future Council meeting. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: June 11, 2024 RE:Capital City Revitalization Zone Public Hearing PROJECT TIMELINE: Briefing 1: April 16, 2024 Briefing 2: May 7, 2024 Briefing 3: June 11, 2024 Public Hearing 1: May 21, 2024 Public Hearing 2: June 11, 2024 Potential Action: TBD PUBLIC HEARING SUMMARY The Council held a public hearing on May 21, 2024. During the public hearing, Smith Entertainment Group (SEG) representatives shared the guiding principles for development in the district and announced their website to share project information and gather feedback from the public. The Council accepted public comments on the proposal and voted to continue the public hearing to a future meeting. During the public hearing many people spoke about the proposed Sports, Entertainment, Culture and Convention District and the proposed sales tax increase. Members of the public shared a wide variety of comments including: opposition to raising the sales tax, support for the district if certain public benefits are included, requests to use the sales tax money for other needs such as addressing homelessness or housing issues, support for including Abravanel Hall and UMOCA in the district, others said Abravanel Hall should stay in the same location and be renovated to address needed changes. Some expressed support for the sales tax increase and felt it would be beneficial to the city, others said important existing cultural assets such as Japantown need to be included in the planning process for the design of the district. The Council continued the public hearing to a future council meeting. On June 11, SEG will provide an update during the Council work session. The Council will also accept public comments during the 7:00pm formal meeting. Page | 2 ISSUE AT-A-GLANCE Earlier this year, the State Legislature passed Senate Bill (SB) 272, which established the process and timeline for the creation of a revitalization zone around the Delta Center. The revitalization zone is a project area that is up to 100 acres and is centered around an existing or planned stadium. The bill also allows the City to raise sales tax by 0.5% citywide to fund development within the project area. Additionally, it specifies what the money could be used for and how long the tax can be charged. The City received an application from the Smith Entertainment Group (SEG), to create a project area around the Delta Center. The application begins the process outlined in SB 272. The Mayor's Administration is currently reviewing the application and negotiating the terms of a proposed participation agreement, which outlines how the City and SEG could utilize the proposed sales tax revenue to develop the project area. Per the state law, the participation agreement is required to outline the boundary of the district, what the sales tax can be spent on within the district (within the allowable uses in the law), and mutually agreed-upon plans for transportation, parking, public safety, among other elements. The City may also outline in general terms, potential benefits to the public in this agreement. The Council will hold a public hearing on May 21 at its 7 p.m. formal meeting. This is an opportunity to provide input directly to the Council. Input may also be shared anytime by emailing Council.Comments@slcgov.com, calling 801-535-7654, or submitting comments online. The State Legislation requires the Council to consider the participation agreement by September. The Council is tentatively scheduled to potentially consider approving the participation agreement and sales tax in July. Please visit the Council project website at: tinyurl.com/SLCRevitalizationZone to learn more about the proposal, including key dates, Frequently Asked Questions (FAQs), how to get involved, and previous discussions. A related zoning petition is currently being processed by the city’s Planning Division. This is also required to be processed by September 1 according to SB 272. It is tentatively scheduled for a Planning Commission public hearing on Wednesday, June 12, 2024, at 5:30 PM in the City and County Building, 451 South State Street – Room 326. The public can stay updated on the zoning amendments by visiting the Planning Division website link below. The zoning amendment will ultimately come to the City Council for final consideration. The Sports, Entertainment, Cultural, and Convention District Text Amendment would make the following code changes: •Remove the maximum height limit in the D4 zone. The existing height limit in the D4 zone is 125’, except for the southeast corner of block 67 (former location of the US Post Office) which allows building height to 375’. The proposal will match the height requirements of the D1 zone, which does not have an established maximum height (height above 75’ would be approved through the design review process) •Change the following land uses from conditional to permitted: Stadiums, Heliports, accessory; and Parking, commercial. •Extend the Delta Center sign overlay that applies to the block to the Salt Palace Convention Center, Abravanel Hall, the Utah Museum of Contemporary Arts, and the convention center hotel. This Page | 3 would include exempting signs within the overlay from the sign chapter when the signs are not facing a public street. •Clarify that additions to existing buildings that exceed the maximum setback are allowed. •Minor changes to existing provisions for clarity. These changes do not waive any requirement. Salt Lake City Council June 11, 2024 UTAH JAZZ 1REIMAGINING DOWNTOWN SLC DELTA CENTER SPORTS ENTERTAINMENT CULTURE/CONVENTION CONVENTION CENTER ABRAVANEL HALL UMOCA SALT LAKE BUDDHIST TEMPLE JAPANESE CHURCH OF CHRIST JAPANTOWN STREET GUIDING PRINCIPLES •Walkability •Safety •Sustainability •Economic Development •Suitable Parking •Restoring Connectivity & Flow •Cohesive Transportation Planning •Community Partnership •Arts, Cultural, & Community Gathering Spaces TEARING DOWN WALLS, NOT BUILDING NEW ONES Restoring connectivity and flow connecting the east and west sides of downtown while ensuring no new walls are inadvertently built. Nihon Matsuri / Japantown Handout Front of Handout: Revitalization of Japantown What Does S.B. 272 Do? • Allows the City to designate up to 100 acres as a “Capital City Revitalization Zone” after a qualified applicant (Smith Entertainment Group - SEG) submits an application and the Council and Revitalization Committee approves a participation agreement. • The zone is required to be around a “currently existing qualified stadium.” (In this case, the Delta Center). • Allows the City to enact a 0.5% sales tax increase City-wide, with the requirement that all funds generated by that tax be spent inside the zone for a period of 30 years. • Allows a qualified applicant to use these funds within that area to reconstruct a stadium, service debt on bonds for a stadium, infrastructure, and/or “associated uses including entertainment and recreational uses…” • Creates a “Capital City Revitalization Zone Committee” made up of state leaders that will receive regular reports from the City and applicant on the plan, including how funds are spent. Note: SB 272 creates an entirely new process and City Attorneys are still working with State Attorneys and the private sector to refine a shared understanding of the required information and steps. Questions? Reach out to City.Council.Liaisons@slcgov.com. Sign up for email updates about Japantown at tinyURL.com/JapantownUpdates. Back of Handout: What is the City’s Role in this Process? City Council: Consider adopting a participation agreement • After a qualified applicant (SEG) submits an application to the City, the City’s Administration negotiates a "participation agreement" based on that application. • SB 272 has a deadline of September 1 for this step, although it may be sooner. City Council: Consider approving a sales tax increase • As a part of the plan above, the participation agreement may identify the tool of increased sales tax revenue to fund the proposed project. • SB 272 has a deadline of December 31 for this step, although it may be sooner, and may be tied to the adoption of the participation agreement. City Attorneys are still working through this. Planning Commission and City Council: Rezoning to facilitate development Nihon Matsuri / Japantown Handout • The City is required to process any zoning adjustments to accommodate the development by September 1. Questions? Reach out to City.Council.Liaisons@slcgov.com. Sign up for email updates about Japantown at tinyURL.com/JapantownUpdates. 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:June 11, 2024 RE: 754 South State Street Zoning Map and Text Amendments (Sears Block) PLNPCM2022-01109 BRIEFING AND PUBLIC HEARING UPDATE The Council held a briefing and public hearing on July 11, 2023. During the briefing there was a robust discussion primarily focused on street activation that would serve both those within the proposed hospital and those from the outside. Other topics discussed included the importance of providing women’s care, and services to people who are living in shelters or are unhoused. Intermountain Health representatives noted they are currently treating and plan to continue providing women’s care and services to those with cancer, mental health issues, and people who are unhoused. If a new hospital is constructed on the site, they will be able to provide this care in a more accessible location. Two people spoke at the public hearing. One suggested the Council require a development plan and development agreement before granting the proposed rezone. The other commenter discussed impacts to the Central City community and suggested a pedestrian friendly pathway through the proposed development. She also said there is no area workforce housing for those who would be employed at the anticipated facility. The Council closed the public hearing and deferred action to a future meeting. In the months since the briefing and public hearing, some Council Members met with representatives from Intermountain Health to discuss potential green space, ground floor activation to serve both those within the hospital and those in the community, and parking for the proposed hospital. Intermountain Health has been working on balancing Council Member requests while providing needed hospital services. Item Schedule: Briefings: July 11, 2023, June 11, 2024 Set Date: June 6, 2023 Public Hearing: July 11, 2023 Potential Action: July 2, 2024 Page | 2 In April 2024, Intermountain Health met with some Council Members and Administration officials to review how they incorporated feedback they received. After the meeting the Council Chair expressed a willingness to put this back on the agenda for a follow-up briefing and potential action. Since the proposal remained largely the same as discussed in 2023, the Council does not need to hold an additional public hearing. Potential action is tentatively scheduled for July 2. At the June 11, 2024 briefing, Intermountain Health will update the Council on its activation approach, parking, and concepts for the site. POLICY QUESTION 1. Does the Council approve of moving ahead with the proposal given updated street activation and parking information from Intermountain Health? The following information was provided for June 13, 2023 Council briefing. It is included again for background purposes. The Council will be briefed on a proposed zoning map amendment for ten parcels totaling approximately nine acres on the block bordered by 700 South, 800 South, State Street, and Main Street as shown in the image below. This is the former Sears department store location which closed in 2018 and the buildings have since been demolished. The property is currently zoned D-2 (Downtown Support District), and the requested zoning designation is D-1 (Central Business District). Intermountain Health owns the property, and their stated objective is to construct an urban hospital on the site. Hospitals are not allowed as permitted or conditional uses under the proposed D-1 or current D-2 zoning. Included with the zoning map amendment, the petitioner also requested a text amendment to section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts found in Salt Lake City Code to allow hospitals, including accessory lodging facilities, and ambulance services as permitted uses in the D-1 zoning district. It is worth noting that the Planning Commission recommended the Council adopt the text amendment to specify that these uses should be conditional rather than permitted. Additional information follows later in this report. Nine acres is significantly smaller than a typical hospital development, but the applicant indicated additional height allowed under the proposed D-1 zoning district would allow them to build up rather than out, so the site would accommodate their needs. (Building height is limited to 120 feet in the current D-2 zoning district. There is no height limit in the D-1 zone, but buildings taller than 200 feet are subject to design review and conditions). It is worth noting that Major Street is a public street entering the site mid-block from 700 South. During the design process, if the petitioner wants to build over the street property rather than use it as an access point, a separate street vacation petition would be required. The Council is only being asked to consider rezoning the property and the accompanying text amendment. No formal site plan has been submitted to the City nor is it within the scope of the Council’s role to review the plans. Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. The Planning Commission reviewed this proposal at its March 22, 2023 meeting and held a public hearing at which two people spoke. A representative of the Downtown Community Council expressed general support and referenced a letter sent to Intermountain (included on pages 31-34 of the Planning Page | 3 Commission staff report) which includes several requests for the potential hospital site that would be reviewed later if the project advances. The other commenter shared concerns about potential adverse effects to nearby neighbors from the hospital and helicopters landing there. When asked about the anticipated frequency of helicopter landings, the petitioner said the hospital will not be a trauma one center as are Intermountain Medical Center and the University of Utah Hospital, so helicopter traffic will be light. Some patients will require transport via helicopter, with a projected average of one to two times per week. This is based on what LDS Hospital experiences. Heliports are currently allowed as a conditional use in the D-1 zone. The Commission voted 7-3 to forward a positive recommendation to the Council amending the zoning map for the subject parcels from D-2 to D-1, and add the following uses as Conditional within the D-1 district: •Ambulance service (indoor) •Ambulance service (outdoor) •Hospital, including accessory lodging facility. One Commissioner who voted against the motion previously made a motion to include the above uses as permitted. A substitute motion was made to include the uses as conditional in the D-1 zoning district, which a majority of the Commission voted to support. Others who voted against the motion did not specify why they were opposed. Vicinity map with the subject parcels outlined in yellow. Note-other parcels on the block are under separate ownership and not included in this proposal. Image courtesy of Salt Lake City Planning Division. Goal of the briefing: Review the proposed zoning map and text amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS Page | 4 2. The Council may wish to ask the petitioner whether they are planning to provide housing at or near the proposed hospital site. 3. The Council may wish to ask the petitioner about what ground floor public facing amenities are anticipated for the site such as retail and food establishments, in order to provide ground floor activation for pedestrian traffic, as is the goal of other D-1 district parcels. 4. The Council may also with to ask about plans for other public-facing amenities such as open space, etc. that could provide a benefit to the adjacent community. 5. The Council may wish to discuss policy goals for midblock walkways or other ways to break up the building(s) and provide a more open feel to the site. As previously stated there is no current site plan and the Council’s role is not to review site plans, although this could provide policy guidance for the future as it relates to closure of Major Street, which fall under the Council’s purview. 6. The Council may wish to ask the petitioner if they have plans to provide healthcare services for those staying at the homeless resource centers, or services not available from other providers. 7. As shown in the map below, if approved, this parcel would be zoned D-1 and would not be contiguous with other D-1 properties. It would be separated by properties on the north side of 700 South which are zoned D-2. The Council may wish to ask the Planning Division if this is consistent with best practices (previous concerns have been raised by the Administration and past Councils about “spot zoning”), or if there are considerations for rezoning those properties in the future. As noted in Planning’s analysis, the surrounding uses are compatible with the proposal. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 4-9 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1-Neighborhood and Citywide Master Plan Considerations The subject parcels are near the southern edge of the area covered by the Downtown Master Plan, adopted in 2016. The plan acknowledges ongoing population growth and calls for improved access to services and amenities that support current and future downtown residents. If the proposed hospital is built it would provide healthcare and jobs for nearby residents and those in the region. Existing infrastructure will not accommodate the level of demand a hospital would generate. The developer will be required to make improvements to offsite water, sewer, and stormwater quality in addition to nearby water mains. Other needed improvements will be identified if the hospital is built. The subject parcels are less than one block south of the D-1 zoning district as shown in the area zoning map below. Although the proposed zoning change to D-1 would allow for higher density development and taller buildings called for in the Downtown Master Plan, Planning staff found the zoning supports initiatives outlined in the plan and continues the established development framework. If approved by the Council, the subject properties would be surrounded by D-2 zoning, but Planning anticipates these property owners will eventually work toward rezoning their properties. Planning staff identified the following guiding principles found in Plan Salt Lake (2015) that relate to the proposed zoning map and text amendments. •Neighborhoods that provide a safe environment, opportunities for social interaction, and services needed for the wellbeing of the community therein. •A beautiful city that is people focused. Page | 5 •Ensure access to all City amenities for all citizens while treating everyone equitably with fairness, justice and respect. •A balanced economy that produces quality jobs and fosters an environment for commerce, local business, and industry to thrive. Area zoning map with subject property outlined in red. Image courtesy of Salt Lake City Planning Division. Consideration 2-Development Potential D-2 zoning limits building height to 120 feet. The requested D-1 zoning does not limit building height, but buildings taller than 200 feet are subject to conditions and design review. One of the following conditions would have to be provided as part of the design review process if a building taller than 200 feet is built: •Midblock walkway that exceeds standard requirements by at least five feet, •Affordable housing incentives, •Additional ground floor use and visual interest, •A restrictive covenant for a building older than 50 years and not listed as a local landmark site, or •500 square feet of open space with a shade that covers 60% of the area. Planning staff anticipates a design review application will be submitted requesting additional building height. Consideration 3- Compatibility with Adjacent Properties Page | 6 As noted above, the subject property is less than one block south of the D-1 district and the Downtown Master Plan anticipates this district to expand to approximately 900 South. Planning staff believes the proposed rezone is compatible with development to the north and aligns with the community’s expectation of downtown expansion. Surrounding businesses are smaller in scale and include restaurants, barber shops, banks, and car dealerships. The Central City neighborhood is located to the east of the subject property, and Central 9th is to the west. Central City is an established residential neighborhood with some of the city’s oldest single-family homes. Central 9th is also an older single-family residential neighborhood but is transitioning to more medium density among the older homes. It is Planning staff’s opinion the surrounding community would not be adversely impacted by the rezone. Additionally, if surrounding property owners work to rezone their properties as is anticipated, development potential on those properties would be the same. The subject site is within the Ballpark Community Council boundaries, but is within 600 feet of the Central 9th, Central City, and Downtown community council boundaries. It is within the Ballpark neighborhood, but not included in the recently adopted Ballpark Small Area Plan. Rather, as noted above, it is located within the Downtown Master Plan area. If the proposed hospital is built, there will be a significant increase in area pedestrian and vehicular traffic. Planning noted that designers would need to consider City plans related to streetscape design, midblock connections, and activation on State and Main Streets. They also encouraged transit use for employees, promote active transportation, and to be an example of how an urban hospital can revitalize a site. Those recommendations would be reviewed if the project develops. ZONING COMPARISON The following table includes regulations in the zoning ordinance recently adopted by the Council. Regulation Existing Zoning (D-2)Proposed Zoning (D-1) Building Height Maximum height-65 feet by right Above 65 feet up to 120 feet subject to design review Minimum height-100 feet Maximum Height-no limit Buildings taller than 200 feet subject to design review and must include at least one of the following: •Midblock walkway •Affordable housing •Exceed minimum ground floor uses •Restrictive covenant on historic building to preserve for at least 50 years •Privately owned publicly accessible open space of at least 500 square feet Yard Requirements Front/corner side yard-no minimum. Ten feet maximum. No minimum Page | 7 Buildings with ground floor residential: Minimum eight-foot front yard setback, 16 foot maximum. Provided yard shall be landscaped and provide at least one of the following: •Minimum of one bench for every 500 square feet of yard space •Landscaping that includes increase of at least 25% of total number of required trees •Awning covering at least five feet width and length from all street-facing building entrances Eight feet maximum. If provided must include at least one of the following: •Minimum of one bench for every 500 square feet of yard space •Landscaping that includes increase of at least 25% of total number of required trees •Awning covering at least five feet width and length from all street-facing building entrances Analysis of Factors Attachment D (pages 25-29) of the Planning Commission staff report outlines zoning map and zoning text amendment standards that should be considered as the Council reviews this proposal. Zoning Map Amendments Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. The proposed amendment is generally consistent with the goals and policies of the applicable master plans. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. The extent to which a proposed map amendment will affect adjacent properties The change in zoning is not anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. There is no applicable overlay district that imposes additional development standards on this property. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. The redevelopment of the site will require public facility upgrades. Zoning Text Amendments Factor Finding Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of The proposed amendment is Page | 8 the city as stated through its various adopted planning documents. generally consistent with the goals and policies of the applicable master plans. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. The change in zoning is not anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. The redevelopment of the site will require public facility upgrades. City Department Review During City review of the petitions, no responding departments or divisions expressed objections to the proposal, but provided, or stated they would provide, comments that are applicable if the property is developed. PROJECT CHRONOLOGY • November 11, 2022-Petition for zoning map and text amendment received by Planning Division. • November 23, 2022-Zoning map amendment petitions assigned to Amanda Roman, Urban Designer. • December 8, 2022-Notice sent to Ballpark, Central City, Central 9th, and Downtown Community Councils, and Downtown Alliance. Early notification sent to property owners and residents within 300 feet of the proposal. • December 12, 2022- Proposal posted for an online open house. • March 10, 2023-Planning Commission public hearing notice sent. Agenda posted to Planning Commission website and State Public Notice webpage. • March 22, 2023-Planning Commission public hearing. The Commission forwarded a positive recommendation to the City Council for the proposed zoning map amendment. The Commission also forwarded a positive recommendation to add the proposed hospital and ambulance service land uses to D-1 as conditional rather than the requested permitted uses. • March 27, 2023-Ordinance requested from Attorney’s Office. • April 14, 2023-Signed ordinance received from the Attorney’s Office. • April 27, 2023-Transmittal received in City Council Office. Intermountain Health SEARS SITE Discussion June 11, 2024 Confidential and property of Intermountain Health Confidential and property of Intermountain Health 2 Massing Intermountain Working Session with Salt Lake City Objective: To resolve any outstanding concerns and questions on Intermountain Health's application for zone change and text amendment. Discussion items include follow up on: • Street activation • Parking • Mechanism for implementing approval (conditional use, design review, development agreement) Intermountain’s Vision Confidential and property of Intermountain Health 3 The new hospital campus will expand on the Intermountain Health downtown 120- year legacy by providing better access to the highest quality of care to those near and far, for the next 100 years. To become a beacon of downtown Salt Lake City, where patients and staff feel safe and proud to call home. Intermountain’s Site Requirements include: •Efficient use of site and built spaces –flexibility of built spaces •Patient Centric design enabling efficient care delivery •Intuitive and simplified wayfinding for vehicle and pedestrian flows •A safe and walkable campus, accessible to and satisfying the needs of diverse patient populations •Versatility and flexibility to allow future growth, program changes and mobility mode transition •LEED silver equivalent campus with strategies to maximize efficient usage of resources •Design considerations to minimize negative impact to on-site and adjacent buildings •Meet budget and schedule requirements •Achievable street activation with indoor and outdoor spaces for patients, families and community •Density and Height allowances for appropriate massing and design for patients Sears Site Assessment Intermountain Considerations • If zoning and density granted, the site should be able to accommodate future growth both for the Hospital and Outpatient Services • Convenient access from I-15 north and southbound as well as I- 80 east and westbound • Potential opportunities to engage the surrounding views of the Salt Lake City valley for patients • Potential parking below grade and above grade to support ease of access Confidential and property of Intermountain Health 4 Shared Intermountain / City Considerations •Ideal direct access to mass transit (both TRAX and UTA bus lines) •Potential for Intermountain Health to become a gateway to downtown Salt Lake City for easily accessible healthcare •Potential to engage 800 South, Main Street, and State Street •Potential entryways / focal points at key intersections around the entire block •Potential to become an anchor for the State Street corridor • Provides continuing services to vulnerable patient populations of Salt Lake City • Provides hundreds of unique visits per day in incoming "traffic" to the downtown area, positively impacting surrounding businesses • Significant investment by Intermountain in the city and for patients Confidential and property of Intermountain Health 5 Massing Sears Site Analysis Vehicular Site Access from Major Roadways Two Turns Three Turns Turn Across Traffic Major Roadway Highways Turning Movements Confidential and property of Intermountain Health 6 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Clinical Support Public Space ASC Specialty Center MOB / Clinic Building Support Landscaped Open Space Food Truck Area Potential Concept Massing (Scenario 1) * 1,100 Parking stalls at structure west of Main Street to serve Clinic + 500 below grade + 125 stall parking lot at 700 South Confidential and property of Intermountain Health 7 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Clinical Support Public Space ASC Specialty Center MOB / Clinic Building Support Landscaped Open Space Food Truck Area Potential Concept Massing (Scenario 2) * 1,250 Parking stalls at structure west of Main Street to serve Clinic + 500 below grade stalls Use TBD Potential Massing Birdseye Confidential and property of Intermountain Health 8 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Public Space ASC Building Support Landscaped Open Space Food Truck Area * Structured below grade parking accommodates 500 parking stalls for Priority 1 Preferred Massing (complete, colored blocks) Confidential and property of Intermountain Health 9 Site Plan Massing Street Activation Sears Site Confidential and property of Intermountain Health 10 Mid State Street Confidential and property of Intermountain Health 11 Site Plan Massing Street Activation Opportunities Local Partner Coffee Shop Hosting a local coffee roaster will engage passers-by and support partnership opportunities. Food Truck Park Providing a space on the site for the current thriving taco truck and other food trucks provides activation and supports small businesses. Open Space Open space such as healing gardens and outdoor wellness areas support both the hospital and the community. Confidential and property of Intermountain Health 12 Street Activation Opportunities Inviting Entryways Entryways will be located at key intersections with inviting storefronts and high visibility. Engaged Uses at the Ground Floor Engaging hospital and clinic uses such as home health, conference center, wig salon, and café would be located at the ground level. Other opportunities may include therapy spaces such as art and fitness spaces. Confidential and property of Intermountain Health 13 Activation Examples Confidential and property of Intermountain Health 14 Healthcare-Oriented Activation Approach Activation Areas Confidential and property of Intermountain Health 15 Public Space (Street Activation) Building Support Landscaped Open Space Food Truck Area Ground Floor Activation Options: • Hospital Reception / Admitting • Emergency Department and InstaCare Reception • Clinic Reception • Gift Shop • Human Resource Office Lobby • Conference Center • Cafe • Local Coffee Shop • Salon • Art Therapy Space(s) • Outpatient Pharmacy State Street • 420 LF Frontage • Up To 70% of Building Frontage Activated • Outdoor Activity / Food Truck Area Active • Mid-Block Walkway 800 South • 645 LF Frontage • 50% of Building Frontage Activated • Access Drive Main Street (East) • 650 LF Frontage • Up To 70% of Building Frontage Activated • Mid-Block Walkway 700 South • 475 LF Frontage • 50% of Building Frontage Activated • Access Drive • Parking and Emergency Access 800 South and Main Street Confidential and property of Intermountain Health 16 Site Plan 800 South and Main Street Confidential and property of Intermountain Health 17 Site Plan Massing 700 South and Main Street Confidential and property of Intermountain Health 18 Site Plan Massing SPECIALTY CLINIC 700 South and Main Street Confidential and property of Intermountain Health 19 Site Plan Massing 800 South and State Street Confidential and property of Intermountain Health 20 Site Plan Massing 800 South and State Street Confidential and property of Intermountain Health 21 Site Plan Massing Confidential and property of Intermountain Health 22 Massing Intermountain Working Session with Salt Lake City DetailAreas of Discussion D-1 Downtown Support District (with text amendment for Hospital)Zoning Underground parking with Main Street access point Above grade parking (potential: Main and/or 700 South)Parking Adjustment to street level activation requirements (e.g. activation requirement on State and Main): • 50% on 700 S • 50% on 800 S • 70% on Main St • 70% on State St Street Level Activation Summary: ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 27, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Zoning Map Amendment at approximately 754 S State Street Petition PLNPCM2022-01109 STAFF CONTACT: Amanda Roman, Urban Designer 801-535-7660 or amanda.roman@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to amend the zoning map of 10 parcels at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District and amend section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts to add the following uses as Conditional within the D-1 zoning district: •Ambulance service (indoor) •Ambulance service (outdoor) •Hospital, including accessory lodging facility BUDGET IMPACT: None. Lisa Shaffer (Apr 27, 2023 16:42 MDT)04/27/2023 04/27/2023 BACKGROUND/DISCUSSION: The proposal includes a zoning map amendment to change the zoning of 10 parcels at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District. The purpose of the proposed amendment is to allow for the redevelopment of the property with an urban hospital. To develop the property, the D-1 zoning district land use table also needs to be amended to add hospitals and ambulance services as Permitted or Conditional uses. Planning staff recommended that the two proposed uses (Hospitals and Ambulance Services) be adopted as Permitted uses in the D-1 zoning district. During the Planning Commission discussion period on March 22, 2023, a majority of the Commission (7:3) voted to modify staff’s recommendation and forward the proposal to the City Council with a recommendation to adopt the uses as Conditional rather than Permitted. Additional discussion topics during the March 22, 2023, Planning Commission meeting included parking and housing options on the site if the rezone is adopted. The intent behind the rezone and text amendment request is to allow for more design flexibility for the purpose of constructing an urban hospital. The building height in the D-2 zoning district is limited to a maximum of 120 feet, with Design Review approval. The by-right building height in the D-1 zone for buildings located on a block corner is 100 – 375 feet. Buildings taller than 375 feet must receive Design Review approval, but there is no maximum height. The Planning Division has transmitted a proposed ordinance to the City Council that would increase allowable building heights in the Downtown Districts while supporting human-scale development, increased street activation, pedestrian accessibility, and community character. If adopted, the Downtown Building Heights and Street Activation text amendment (PLNPCM2022- 00529) would directly affect the development potential of the subject property. The proposed amendment would eliminate the distinction of corner and midblock lots and change the by-right building height in the D-1 zone to 200 feet. Buildings over 200 feet would be required to receive Design Review approval but would have no maximum height. The City Council was briefed on the proposed text amendment on April 4, 2023. At the time of this transmittal, a vote has not been taken to approve, modify, or deny the ordinance. For specific information regarding the proposal, please refer to the Planning Commission Staff Report. ST A T E S T MA I N ST 700 S 800 S PUBLIC PROCESS: • The Planning Division provided a 45-day comment period notice to the associated community councils for the property: Ballpark, Central City, Central 9th, and Downtown. The councils held a joint meeting with Planning staff and the applicant to discuss the proposal on January 19, 2023. A formal letter was submitted and is included in the Planning Commission Staff Report. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing notice about the proposal and information on how to give public input on the project on December 12, 2022. • An online open house has been posted to the Planning Division’s webpage since December 12, 2022. The page remains open for review. • Four public comments were received prior to the Planning Commission meeting and three were submitted either after the Commission staff report was published or after the meeting. The three additional comments are included in Exhibit 4 of the transmittal. Planning Commission (PC) Records (Click to Access) PC Agenda for March 22, 2023 PC Minutes of March 22, 2023 PC Staff Report for March 22, 2023 EXHIBITS 1. Chronology 2. Notice of City Council Hearing 3. Petition Application 4. Additional Public Comments 5. Mailing List 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the zoning of property located at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District) An ordinance amending the zoning map pertaining to property located at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on March 22, 2023 to consider a petition by Tyler Buswell, counsel for the property owner, to rezone ten parcels located at 754 S State Street (Tax ID Nos. 16-07-103-017- 0000, 16-07-103-001-0000, 16-07-103-002-0000, 16-07-103-003-0000, 16-07-103-004-0000, 16-07-103-008-0000, 16-07-103-009-0000, 16-07-103-010-0000, 16-07-103-011-0000, 16-07- 103-022-0000) from D-2 Downtown Support District to D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109; and WHEREAS, at its March 22, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; 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 property identified on Exhibit “A” hereto shall be and hereby is rezoned from D-2 Downtown Support District to D-1 Central Business District. 2 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance rezoning 754 S State Street to D-1 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney April 14, 2023 3 EXHIBIT “A” Legal Description and Map of Property Subject to Zoning Map Amendment: Parcel Tax ID Nos. 16-07-103-017 16-07-103-001 16-07-103-002 16-07-103-003 16-07-103-004 16-07-103-008 16-07-103-009 16-07-103-010 16-07-103-011 16-07-103-022 PARCEL 16-07-103-001-0000: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 160 FEET; THENCE SOUTH 179 FEET; THENCE WEST 160 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-004-0000: BEGINNING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE WEST 62.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 62.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-008-0000: PART OF LOTS 6 AND 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY, AND COMMENCING 206.25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY; THENCE WEST 82.5 FEET; THENCE SOUTH 41.25 FEET; THENCE EAST 105 FEET; THENCE NORTH 41.25 FEET; THENCE WEST 22.5 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-009-0000: COMMENCING AT A POINT 165 FEET SOUTH AND 44 FEET EAST OF THE NORTHWEST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 57.75 FEET; THENCE WEST 27.5 FEET; THENCE SOUTH 27.5 FEET; THENCE WEST 109 FEET; THENCE NORTH 85.25 FEET; THENCE EAST 136.5 FEET TO THE PLACE OF BEGINNING. PARCELS 16-07-103-017-0000, 16-07-103-010-0000, and 16-07-103-011-0000: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 49.5 FEET; THENCE WEST 165 FEET; THENCE NORTH 49.5 FEET; THENCE WEST 92.5 FEET; THENCE NORTH 79.75 FEET; THENCE EAST 109 FEET; THENCE NORTH 27.5 FEET; THENCE EAST 148.5 FEET; THENCE SOUTH 107.25 FEET TO THE PLACE OF BEGINNING. 4 PARCEL 16-07-103-002-0000: BEGINNING AT A POINT 160 FEET EAST OF THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 87.5 FEET; THENCE SOUTH 179 FEET; THENCE WEST 87.5 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT A POINT 4 FEET WEST OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE WEST 78.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 78.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 37.5 FEET; THENCE SOUTH 148.5 FEET; THENCE SOUTHWESTERLY 22.4 FEET TO A POINT 165 FEET SOUTH AND 22.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7; THENCE WEST 26.5 FEET; THENCE NORTH 165 FEET; THENCE EAST 4 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-003-0000: BEGINNING 57.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 45 FEET; THENCE SOUTH 165 FEET; THENCE WEST 30 FEET; THENCE NORTHWEST 22.4 FEET, MORE OR LESS, TO A POINT 148.5 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH 148.5 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-022-0000: TRACT 1: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 17 RODS; THENCE WEST 10 RODS; THENCE NORTH 3 RODS; THENCE WEST 142.5 FEET; THENCE NORTH 5 RODS; THENCE WEST 105 FEET; THENCE NORTH 68.5 FEET; THENCE WEST 15 RODS; THENCE SOUTH 239 FEET; THENCE EAST 10 RODS; THENCE SOUTH 21 FEET; THENCE WEST 10 RODS; THENCE SOUTH 221 FEET; THENCE EAST 660 FEET TO THE PLACE OF BEGINNING. TRACT 2: BEGINNING 165 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 22.5 FEET; THENCE SOUTH 41.25 FEET; THENCE WEST 105 FEET; THENCE NORTH 41.25 FEET; THENCE EAST 82.5 FEET TO THE BEGINNING. TRACT 3: BEGINNING AT A POINT 88 FEET SOUTH FROM THE NORTHWEST CORNER OF LOT 4, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 21 FEET; THENCE EAST 165 FEET; THENCE NORTH 21 FEET; THENCE WEST 165 FEET TO THE POINT OF BEGINNING. PARCEL (S. Major St.): PARCELS 3, 4, 5, 6, 7 AND 8 DESCRIBED ABOVE ARE TOGETHER WITH THE FOLLOWING: A RIGHT OF WAY IN COMMON WITH OTHERS: COMMENCING 37.5 FEET EAST FROM THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY 5 SURVEY AND RUNNING THENCE SOUTH 148.5 FEET; THENCE SOUTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 142.5 FEET WEST AND 165 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 165 FEET; THENCE EAST 50 FEET; THENCE NORTH 165 FEET; THENCE NORTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 107.5 FEET WEST AND 11 RODS NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 148.5 FEET; THENCE WEST 20 FEET TO THE PLACE OF BEGINNING. 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as Conditional Uses in the D-1 Central Business District) An ordinance amending the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as conditional uses in the D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on March 22, 2023 to consider a petition by Tyler Buswell, counsel for the property owner, to amend the text of Section of 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as permitted uses in the D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109; and WHEREAS, at its March 22, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) that Section of 21A.33.050 of the Salt Lake City Code be amended to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as conditional uses in the D-1 Central Business District; 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: 2 SECTION 1. Amending the text of Salt Lake City Code Section 21A.33.050 That Section 21A.33.050 of the Salt Lake City Code (Zoning: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended as follows: 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: Legend: C = Conditional P = Permitted Use Permitted And Conditional Uses By District D-1 D-2 D-3 D-4 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P Adaptive reuse of a landmark site P P P P4 Alcohol: Bar establishment (indoor) P6 C6 C6 P6 Bar establishment (outdoor) P6 C6 C6 P6 Brewpub (indoor) P6 P6 P6 P6 Brewpub (outdoor) P6 P6 P6 P6 Tavern (indoor) P6 C6 C6 P6 Tavern (outdoor) P6 C6 C6 P6 Ambulance Service (indoor) C Ambulance Service (outdoor) C Animal, veterinary office P P Antenna, communication tower P P P P Antenna, communication tower, exceeding the maximum building height C C C C Art gallery P P P P Artisan food production P14,18 P18 P18 P18 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P17,18 P17,18 P17,18 P17,18 Blood donation center P Bus line station/terminal P7 P7 P7 P7 3 Bus line yard and repair facility P Car wash P3 Check cashing/payday loan business P5 Clinic (medical, dental) P P P P Commercial food preparation P18 P18 P18 P18 Community garden P P P P Convention center P Crematorium P P P Daycare center, adult P P P P Daycare center, child P P P P Daycare, nonregistered home daycare P12 P12 P12 P12 Daycare, registered home daycare or preschool P12 P12 P12 P 12 Dwelling: Artists' loft/studio P P P P Assisted living facility (large) P P P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P P P P Group home (large) C C Group home (small) P P P P Multi-family P P P P Residential support (large) C C Residential support (small) C C Exhibition hall P Farmers' market P Financial institution P P P P Financial institution with drive-through facility P8 P8 Funeral home P P P Gas station P P7 P7 Government facility C C C C Government facility requiring special design features for security purposes P7 P7 4 Heliport, accessory C C C Home occupation P13 P13 P13 P13 Homeless resource center C15 C15 Homeless shelter C15 C15 Hospital, including accessory lodging facility C Hotel/motel P P P P Industrial assembly C18 C18 Laboratory, medical related P18 P18 P18 P18 Laundry, commercial P18 Library P P P P Limousine service P Mixed use development P P P P Mobile food business (operation in the public right-of-way) P P P P Mobile food business (operation on private property) P P P P Mobile food court P P P P Municipal services uses including City utility uses and police and fire stations P P P P Museum P P P P Office P P P P Office, publishing company P P P P Open space on lots less than 4 acres in size P7 P7 P7 P7 Park P P P P Parking, commercial C P C C Parking, off site P P P P Performing arts production facility P P P P Place of worship P11 P11 P11 P11 Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P18 P18 P18 P18 Restaurant P P P P 5 Restaurant with drive-through facility P8 Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, upholstery shop P P Sales and display (outdoor) P P P P School: College or university P P P P K - 12 private P P K - 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Shared housing P P P P Small brewery C18 Social service mission and charity dining hall C C Stadium C C C Storage, self P16 P P Store: Department P P P Fashion oriented department P2 Mass merchandising P P P Pawnshop P Specialty P P P Superstore and hypermarket P Studio, art P P P P Technology facility P18 P18 P18 P18 Theater, live performance P9 P9 P9 P9 Theater, movie P P P P Utility, buildings or structure P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 Vehicle: Automobile repair (major) P P7 P7 Automobile repair (minor) P P7 P7 6 Automobile sales/rental and service P10 P P10 Vending cart, private property P P P P Vending cart, public property Warehouse P18 Warehouse, accessory P P Wholesale distribution P18 Wireless telecommunications facility (see section 21A.40.090, table 21A.40.090E of this title) Qualifying provisions: 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. 2. Uses allowed only within the boundaries and subject to the provisions of the Downtown Main Street Core Overlay District (section 21A.34.110 of this title). 3. A car wash located within 165 feet (including streets) of a residential use shall not be allowed. 4. 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 design review (chapter 21A.59 of this title). 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 6. Subject to conformance with the provisions in section 21A.36.300, "Alcohol Related Establishments", of this title. 7. Subject to conformance with the provisions of chapter 21A.59, "Design Review", of this title. 8. Subject to conformance to the provisions in section 21A.40.060 of this title for drive-through use regulations. 9. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District. 10. Must be located in a fully enclosed building and entirely indoors. 11. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 12. Subject to section 21A.36.130 of this title. 13. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to section 21A.36.030 of this title. 14. Must contain retail component for on-site food sales. 15. Subject to conformance with the provisions of section 21A.36.350 of this title. 16. Limited to basement/below ground levels only. Not allowed on the ground or upper levels of the building, with the exception of associated public leasing/office space. 17. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. SECTION 6. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. 7 ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance amending Section 21A.33.050 of the Salt Lake City Code APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney April 14, 2023 TABLE OF CONTENTS 1.PROJECT CHRONOLOGY 2.NOTICE OF CITY COUNCIL HEARING 3.ORIGINAL PETITION 4.ADDITIONAL PUBLIC COMMENTS 5.MAILING LIST 1) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2022-01109 November 11, 2022 November 23, 2022 December 8, 2022 December 12, 2022 March 10, 2023 March 17, 2023 March 22, 2023 March 27, 2023 April 14, 2023 Application for a Zoning Map and Text Amendment. Petition PLNPCM2022-01109 was assigned to Amanda Roman, Urban Designer, for staff analysis and processing. Notice sent to Recognized Community Organizations informing them of the petition. The RCO’s notified included the Ballpark, Central City, Central 9th, and Downtown Community Councils, and the Downtown Alliance. Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. The proposal was posted for an online open house through March 22, 2023. The proposal can still be viewed online. Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. Planning Commission Staff Report posted. Planning Commission held a public hearing and made a positive recommendation to the City Council to approve the proposed map amendment. The Commission also forwarded a recommendation to approve the text amendment, but modified the recommendation to add the land uses to the D-1 zoning district as Conditional rather than Permitted. Ordinance request sent to Attorney’s Office. Signed ordinance received from Attorney’s Office. 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-01109 Zoning Map & Zoning Text Amendment for the property at approximately 754 S State Street. Kirton McConkie, represented by Tyler Buswell, Attorney for IHC Health Services, Inc. (the Property Owner), initiated a petition for a zoning map and zoning text amendment, which would facilitate the development of an urban hospital at approximately 754 S State Street. The zoning map amendment request is to rezone 10 parcels from D-2 Downtown Support District to D-1 Central Business District. The 10 parcels included in this proposal are listed below for reference. Address Parcel ID Approximate Acreage 748 South State St. 16-07-103-017 .55 709 South Main St. 16-07-103-001 .66 36 E 700 S 16-07-103-002 .81 48 E 700 S 16-07-103-003 .17 56 E 700 S 16-07-103-004 .24 728 S Major St. 16-07-103-008 .10 725 S Major St. 16-07-103-009 .25 735 S Major St. 16-07-103-010 .10 739 S Major St. 16-07-103-011 .1o 754 S State St. 16-07-103-022 5.97 Major Street None Total Acreage: 8.95 The proposed text amendment to section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts would add the following uses as Conditional within the D-1 zoning district: • Ambulance service (indoor) • Ambulance service (outdoor) • Hospital, including accessory lodging facility As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petitions. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TIME: 7:00 pm PLACE: 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held in-person, to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, please visit www.slc.gov/council. 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 Amanda Roman at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at amanda.roman@slcgov.com The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the petition number PLNPCM2022-01109. 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 make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 3) ORIGINAL PETITION Tyler Buswell 50 E. South Temple, Suite 400 Salt Lake City, UT 84111 4862-9323-6517 November 15, 2022 Nick Norris, Director Salt Lake City – Planning Division 451 S. State St. Salt Lake City, UT 84111 nick.norris@slcgov.com RE: Letter in support of application for zoning map and text amendment. Applicant: Kirton McConkie Attn: Tyler L. Buswell 50 E. South Temple Street, #400 Salt Lake City, Utah 84111 (801) 321-4820 tbuswell@kmclaw.com Property Addresses: 754 S. State St. 709 S. Main St. 36, 48, and 56 E. 700 S. 725, 727, 728, 735, and 739 S. Major St. All of S. Major St. Salt Lake City, UT 84111 As more fully described in Exhibit A (collectively, the “Property”). Totaling approx. 9.22 acres. Amendments Requested: Zoning map amendment of the Property from the D-2 Zone to the D-1 Zone. And zoning text amendment to the D-1 Zone to allow hospitals as a permitted use. Application Fees: $2,036.95 for map amendment ($1,075 + $121 x 7.95 acres). $1,075 for text amendment. 2 of 7 4862-9323-6517 Dear Mr. Norris: This law firm represents IHC Health Services, Inc. (“Intermountain”), which is the owner of the Property described above. This letter accompanies the zoning map and text amendment application submitted concurrently with this letter. The purpose of this letter is to address the submittal requirements of the City’s Zoning Amendment application form. Specifically, this letter will provide the following: (1) a statement declaring the purpose of the amendment, (2) a description of the proposed use of the property being rezoned, (3) the reasons why the present zoning may not be appropriate for the area, (4) the parcel numbers for each parcel affected by the proposed map amendment, and (5) the requested text revisions to the applicable zoning ordinance. Intermountain and our firm look forward to working with the City regarding this application. We hope to create an outcome that will benefit the City, the Property, and residents of Salt Lake City. (1) Purpose for the amendment. Intermountain proposes to amend both the zoning map and the applicable text of the D-1 zone. The Property is comprised of 10 separate tax parcels where the old Sears building is located and an old, unused right of way (S. Major St.), all of which is situated just south of downtown Salt Lake City. The current zoning of all such parcels is the D-2 Downtown Support District zone, and Intermountain proposes to amend the zoning map to the D-1 Central Business District zone. As explained further in paragraph (5) below, Intermountain also proposes to amend the text of the D-1 zone to allow Hospitals as a permitted use, along with other uses to be designated as either permitted or conditional uses. Accordingly, the purpose of these proposed amendments is to allow for the re- development of the majority of the Sears block to accommodate a new, downtown, urban hospital. As the City has known for some time, the Sears property has been in dire need of improvement and redevelopment for many years. The unique location of the block, directly on the southern border of downtown and right along State Street, makes it a prime location for a unique project in general, and an urban hospital in particular. The amendment to D-1 will allow for the maximum flexibility on the Property to create a project that can both function as part of the downtown core, but also facilitate a transition from the downtown uses to the supporting uses of the D-2 zone. Moreover, the amendment will allow the Property to best meet the City’s vision for the South State area as described in the Downtown Master Plan. (2) Description of the proposed use of the property being rezoned. While Intermountain has not created any formal or conceptual plans for the Property, the hospital use would be akin to many urban hospitals across the country. 3 of 7 4862-9323-6517 The project would create and serve as an anchor and bookend on the south end of downtown. The current border of the D-1 zone is less than half a block away to the northwest of the Property, and approximately half a block away directly to the north of the Property, so a hospital project would not only fit with the existing development pattern in the surrounding area, but it would serve to revitalize the area. The hospital would include the typical necessary accompanying uses for a hospital. (3) Reasons why the present zoning may not be appropriate for the area. The current zoning of D-2 for the Property is not appropriate because it has created a site that is underperforming and is not the highest and best use for the Property. The Property has sat largely vacant and underutilized for so long because the D-2 zone does not foster and has not attracted the type of users and uses that this site will support. Because the Property is located in a transition block from D-1 to D-2, it has created a circumstance where more traditional downtown uses, such as high-rise office or residential projects are not well suited, and the economics of lower-rise commercial, office, or residential uses are not as financially viable. The proposed use of a hospital can bridge the gap of those drawbacks created by the Property’s location. The D-1 zone will allow Intermountain the flexibility in building height while also not being out of character for the area with the Grand America being two blocks away, and the new multi-story office/residential projects built on 600 South and Main Street, 700 South Main Street, and 600 South State Street. The D-1 zone’s building height and density flexibility will also help Intermountain in working with the City to design a project that better incorporates permeability and walkability of the Property that would not otherwise be possible given the small area of the Property compared to the level of services Intermountain desires to include on the Property. Amending the Property to D-1 will also be in line with the City’s vision of the “South State” area in its Downtown Master Plan. A hospital will accomplish the goals of re-urbanizing South State while not disrupting the integrity of the neighborhoods to the east. It would also serve those neighborhoods by providing needed healthcare services within walking distance to many residents. The current state and zoning of the Property has failed to live up to or satisfy the City’s vision for the area. So, Intermountain would strive to cooperate with the City in its efforts to implement the Downtown Master Plan goals for this site. A hospital can blend and accomplish the City’s desired outcomes for this area. (4) Parcel numbers to be changed from D-2 to D-1 on the Zoning Map. The following parcels are all proposed to be changed from D-2 to D-1 on the City’s Zoning Map: 4 of 7 4862-9323-6517 Address Parcel Number Approx. Acreage 709 S. Main St. 16-07-103-001-0000 0.66 56 E. 700 S. 16-07-103-004-0000 0.24 728 S. Major St. 16-07-103-008-0000 0.10 725-727 S. Major St. 16-07-103-009-0000 0.25 754 S. State St. 16-07-103-017-0000 0.55 735 S. Major St. 16-07-103-010-0000 0.10 739 S. Major St. 16-07-103-011-0000 0.10 36 E. 700 S. 16-07-103-002-0000 0.81 48 E. 700 S. 16-07-103-003-0000 0.17 754 S. State St. 16-07-103-022-0000 5.97 All of S. Major St. None (5) Requested text amendments to the D-1 Zone. Currently, a hospital is not specifically designated in the table of permitted and conditional uses for the D-1 zone. Consequently, in addition to the requested map amendments, Intermountain proposes the following text amendments to the D-1 zone. (a) Edit to 21A.33.050, Table of Permitted and Conditional Uses For Downton Districts. Intermountain proposes to add the following uses to Table 21A.33.050:  “Ambulance service (indoor): Permitted.”  “Ambulance service (outdoor): Permitted.”  “Hospital, including accessory lodging facility: Permitted.”  “Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees: Permitted.” (Note that the following uses that may be incorporated into the proposed hospital are already either permitted or conditional uses in the D-1 zone as shown on Table 21A.33.050: Bio-medical facility (permitted); medical clinic (permitted); heliport (conditional use); laboratory, medical related (permitted); mixed-use development (permitted); office (permitted).) 5 of 7 4862-9323-6517 We look forward to working with the City on these proposed changes. Please feel free to contact me at if you would like to discuss. Sincerely, Kirton McConkie Tyler L. Buswell Counsel for Intermountain 6 of 7 4862-9323-6517 Exhibit A Legal Description of the Property Real property located in Salt Lake County, Utah, more particularly described as follows: PARCEL 1 (16-07-103-001-0000): COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 160 FEET; THENCE SOUTH 179 FEET; THENCE WEST 160 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. PARCEL 2 (16-07-103-004-0000): BEGINNING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE WEST 62.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 62.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. PARCEL 3 (16-07-103-008-0000): PART OF LOTS 6 AND 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY, AND COMMENCING 206.25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY; THENCE WEST 82.5 FEET; THENCE SOUTH 41.25 FEET; THENCE EAST 105 FEET; THENCE NORTH 41.25 FEET; THENCE WEST 22.5 FEET TO THE PLACE OF BEGINNING. PARCEL 4 (16-07-103-009-0000): COMMENCING AT A POINT 165 FEET SOUTH AND 44 FEET EAST OF THE NORTHWEST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 57.75 FEET; THENCE WEST 27.5 FEET; THENCE SOUTH 27.5 FEET; THENCE WEST 109 FEET; THENCE NORTH 85.25 FEET; THENCE EAST 136.5 FEET TO THE PLACE OF BEGINNING. PARCEL 5 (16-07-103-017-0000, 16-07-103-010-0000, 16-07-103-011-0000): COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 49.5 FEET; THENCE WEST 165 FEET; THENCE NORTH 49.5 FEET; THENCE WEST 92.5 FEET; THENCE NORTH 79.75 FEET; THENCE EAST 109 FEET; THENCE NORTH 27.5 FEET; THENCE EAST 148.5 FEET; THENCE SOUTH 107.25 FEET TO THE PLACE OF BEGINNING. PARCEL 6 (16-07-103-002-0000): BEGINNING AT A POINT 160 FEET EAST OF THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 87.5 FEET; THENCE SOUTH 179 FEET; THENCE WEST 87.5 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT A POINT 4 FEET WEST OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE WEST 78.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 78.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 37.5 FEET; THENCE SOUTH 148.5 FEET; THENCE 7 of 7 4862-9323-6517 SOUTHWESTERLY 22.4 FEET TO A POINT 165 FEET SOUTH AND 22.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7; THENCE WEST 26.5 FEET; THENCE NORTH 165 FEET; THENCE EAST 4 FEET TO THE PLACE OF BEGINNING. PARCEL 7 (16-07-103-003-0000): BEGINNING 57.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 45 FEET; THENCE SOUTH 165 FEET; THENCE WEST 30 FEET; THENCE NORTHWEST 22.4 FEET, MORE OR LESS, TO A POINT 148.5 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH 148.5 FEET TO THE PLACE OF BEGINNING. PARCEL 8 (16-07-103-022-0000): TRACT 1: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 17 RODS; THENCE WEST 10 RODS; THENCE NORTH 3 RODS; THENCE WEST 142.5 FEET; THENCE NORTH 5 RODS; THENCE WEST 105 FEET; THENCE NORTH 68.5 FEET; THENCE WEST 15 RODS; THENCE SOUTH 239 FEET; THENCE EAST 10 RODS; THENCE SOUTH 21 FEET; THENCE WEST 10 RODS; THENCE SOUTH 221 FEET; THENCE EAST 660 FEET TO THE PLACE OF BEGINNING. TRACT 2: BEGINNING 165 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 22.5 FEET; THENCE SOUTH 41.25 FEET; THENCE WEST 105 FEET; THENCE NORTH 41.25 FEET; THENCE EAST 82.5 FEET TO THE BEGINNING. TRACT 3: BEGINNING AT A POINT 88 FEET SOUTH FROM THE NORTHWEST CORNER OF LOT 4, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 21 FEET; THENCE EAST 165 FEET; THENCE NORTH 21 FEET; THENCE WEST 165 FEET TO THE POINT OF BEGINNING. PARCEL 9 (S. Major St.): PARCELS 3, 4, 5, 6, 7 AND 8 DESCRIBED ABOVE ARE TOGETHER WITH THE FOLLOWING: A RIGHT OF WAY IN COMMON WITH OTHERS: COMMENCING 37.5 FEET EAST FROM THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 148.5 FEET; THENCE SOUTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 142.5 FEET WEST AND 165 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 165 FEET; THENCE EAST 50 FEET; THENCE NORTH 165 FEET; THENCE NORTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 107.5 FEET WEST AND 11 RODS NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 148.5 FEET; THENCE WEST 20 FEET TO THE PLACE OF BEGINNING. 4)ADDITIONAL PUBLIC COMMENTS From:Thomas Merrill To:Roman, Amanda Subject:(EXTERNAL) Downtown coalition requests re: Intermountain Date:Tuesday, March 21, 2023 2:54:05 PM Hi Amanda, After having reviewed the excellent staff report prepared for tomorrow's agenda item entitled, "Zoning Map & Text Amendment at Approximately 754 S State Street," we wondered what opportunities there are to get our official requests from the 1/19 meeting with Intermountain and Planning Commission staff on record? Those requests are summarized below: 1. Requirement of a concept plan prior to D1 zoning approval We believe Intermountain is a unique entity that has a greater obligation to transparency with regard to their planning process by virtue of their non-profit status and corresponding community benefit obligations set forth by state and federal law. Specifically, we believe that their request for D1 zoning approval be approved but conditioned upon first the submission of a concept plan that demonstrates a sincere - even if preliminary - incorporation of community feedback gathered to date. Note: we have communicated this request to our D4 Council Member, Ana Valdemoros. 2. The fourth text amendment element re: internal retail should be conditional and limited As communicated by surrounding businesses, we are concerned that the fourth element of the proposed text amendment, "Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees: Permitted” should be only conditionally approved and limited.We strongly recommend against internal retail developments that impede the full beneficial impact of Intermountain's workforce and clientele on the surrounding retail community. We understand that Intermountain would reasonably want food options for employees that allow them to stay close to their responsibilities but an approach similar to the Medical Center in Murray with a variety of internal restaurants would undermine the objective to support the existing retail community. Thank you for your consideration on this. -- Tom Merrill Downtown Community Council From:Erik Bieging To:Planning Public Comments Subject:(EXTERNAL) No IHC hospital downtown without comprehensive reproductive healthcare Date:Saturday, March 25, 2023 12:17:45 AM Hello, The following comments are intended to be read for the planning commission regarding Intermountain Healthcare's request to rezone 754 S State Street (the Sears block): With the passage of H.B. 467 during the most recent state legislative session, hospitals will soon be the only institution legally allowed to provide abortion services in Utah. The two providers of routine abortion in the state, Planned Parenthood and Wasatch Women's Center, will soon be forced to close in May. Residents of Salt Lake City will have to travel hundreds of miles to receive what the American Medical Association calls an essential healthcare service. Zoning offers communities the opportunity to align land uses with the needs of their residents. When a new land use is granted, it should fulfill the needs of the community. At first glance, it would seem that Intermountain Healthcare's proposal to add hospital functions as a permitted use on their downtown property would improve access to healthcare for Salt Lake City residents. However, Intermountain Healthcare has not and has made no intention to provide routine abortion services at its hospitals, despite being uniquely positioned to do so. In Salt Lake City, we already have access to tertiary care hospitals with extensive healthcare services, but abortion care will soon be the exception. We should not grant a new hospital land use unless the hospital will provide the essential healthcare services that our residents need most. Thank you, Erik Bieging Salt Lake City Resident From:Clark, Aubrey To:Roman, Amanda Cc:Norris, Nick; Oktay, Michaela Subject:Bird Friendly Glass Date:Thursday, April 6, 2023 5:16:06 PM Attachments:image001.png Just received this in the MySLC portal: Hello, Council Member Dugan received the below email from a constituent and referred the constituent to planning. Council MemberDugan is interested in seeing bird friendly windows implemented at the new IHC building. Thanks! From: Jeanne LeBer <j >Sent: Saturday, March 25, 2023 2:17 PM To: Dugan, Dan <dan.dugan@slcgov.com>Cc: Jeanne LeBer <; Linda Johnson ; GSLA Membership; Barbara Brown ; Cooper Farr <>; Christopher Merritt <Subject: (EXTERNAL) Who could we talk to about building with bird-friendly glass? Dear Dan:Our Great Salt Lake Audubon Bird-window Collision Working Group recently talked with you about building with bird-friendly glass.We noted the hospital building being built on the old Sears property is still in the planning phases. (See link in email below from LindaJohnson.) Can you suggest a contact person we could talk to about using bird-friendly glass in the structure. Appreciate you getting back to us on this. Let me know.Thanks. Jeanne I am sure applicants don’t want us giving out their info. What would the proper response be here? Aubrey Clark | (She/Her/Hers) Administrative Assistant PLANNING DIVISION | SALT LAKE CITY CORPORATION Direct: (801) 535-7759 or Mobile: (385) 415-4701 Email: Aubrey.Clark@slcgov.com WWW.SLC.GOV/PLANNING WWW.SLC.GOV Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights. 5) MAILING LIST OWN_FULL_NAME OWN_ADDR own_unit OWN_CITY OWN_STAT OWN_ZIP S & S ROBERTS INVESTMENTS, LTD 338 E SOUTHTEMPLE ST SALT LAKE CITY UT 84111 ADY-CHASE, LP 535 E FOURTH AVE SALT LAKE CITY UT 84103 QUALITY OIL COMPANY 4625 S 2300 E # 203 HOLLADAY UT 84117 KEN GARFF ENTERPRISES, LLC 111 E BROADWAY ST SALT LAKE CITY UT 84111 TAYLOR AIR, LLC PO BOX 3390 SALT LAKE CITY UT 84110 700 SOUTH PARTNERS, LLC 180 N UNIVERSITY AVE PROVO UT 84601 AXIOM PROPERTIES III, LLC PO BOX 3390 SALT LAKE CITY UT 84110 HARRIS & HARRIS, LC PO BOX 71979 SALT LAKE CITY UT 84171 D STEVEN BREWSTER; DANA S BREWSTER (JT)657 S MAIN ST SALT LAKE CITY UT 84111 THIRD RIVER REAL ESTATE CORPORATION 4701 N STONEHAVEN LOOP LEHI UT 84043 LOTUS WINTER, LLC 338 E SOUTHTEMPLE ST SALT LAKE CITY UT 84111 CITY GREEK LLC PO BOX 520795 SALT LAKE CITY UT 84152 DELUXE MANAGEMENT, INC 662 S STATE ST SALT LAKE CITY UT 84111 PEZELY, PROPERTIES LLC 1433 S CHANCELLOR WY SALT LAKE CITY UT 84108 BNOLLC 68 S MAIN ST # 200 SALT LAKE CITY UT 84101 SINCLAIR REAL ESTATE COMPANY PO BOX 30825 SALT LAKE CITY UT 84130 CUP OF SUGAR INC 1383 E 2100 S SALT LAKE CITY UT 84105 STANLEY D SCHUBACH PO BOX 128 SALT LAKE CITY UT 84110 SHELTER THE HOMELESS COMMITTEE INC 242 W PARAMOUNT AVE SALT LAKE CITY UT 84115 AM TALBOT & SONS LLC 273 E SIXTH AVE SALT LAKE CITY UT 84103 700 GS, LLC PO BOX 3390 SALT LAKE CITY UT 84110 MOUNTAIN AMERICA FEDERAL CREDIT UNION PO BOX 2331 SANDY UT 84091 LOUIS A. MATE 1172 HWY 89 FISH HAVEN ID 83287 FOOD ALLEY LLC 722 S STATE ST SALT LAKE CITY UT 84111 ALTAF H SIAL 777 S STATE ST SALT LAKE CITY UT 84111 WILLIAM B SUTTON 825 S MAIN ST SALT LAKE CITY UT 84111 DENA LLC 26 E 800 S SALT LAKE CITY UT 84111 NINTH STREET DEVELOPMENT, LLC PO BOX 65809 SALT LAKE CITY UT 84165 VINA ENTERPRISES LLC; SHERRY VINA 3751 S WASATCH BLVD MILLCREEK UT 84109 WILLIAM B SUTTON 823 S MAIN ST SALT LAKE CITY UT 84111 KIMWELL CORPORATION 1000 S MAIN ST # 104 SALT LAKE CITY UT 84101 STORE CAPITAL ACQUISITIONS LLC 2410 LILLYVALE AVENUE LOS ANGELES CA 90032 WOLF BUILDING LLC 20 W CENTURY PARK WY SOUTH SALT LAKE UT 84115 LC SMGA HOLDINGS 801 S STATE ST SALT LAKE CITY UT 84111 GEORGE S CASSITY 801 S STATE ST SALT LAKE CITY UT 84111 Current Occupant 676 S MAIN ST Salt Lake City 84101 UT Current Occupant 18 W 700 S Salt Lake City 84101 UT Current Occupant 16 W 700 S Salt Lake City 84101 UT Current Occupant 690 S MAIN ST Salt Lake City 84101 UT Current Occupant 755 S RICHARDS ST Salt Lake City 84101 UT Current Occupant 750 S MAIN ST Salt Lake City 84101 UT Current Occupant 702 S MAIN ST Salt Lake City 84101 UT Current Occupant 16 W 800 S Salt Lake City 84101 UT Current Occupant 808 S MAIN ST Salt Lake City 84101 UT Current Occupant 659 S MAIN ST Salt Lake City 84111 UT Current Occupant 640 S STATE ST Salt Lake City 84111 UT Current Occupant 679 S MAIN ST Salt Lake City 84111 UT Current Occupant 29 E 700 S Salt Lake City 84111 UT Current Occupant 31 E 700 S Salt Lake City 84111 UT Current Occupant 43 E 700 S Salt Lake City 84111 UT Current Occupant 47 E 700 S Salt Lake City 84111 UT Current Occupant 61 E 700 S Salt Lake City 84111 UT Current Occupant 660 S STATE ST Salt Lake City 84111 UT Current Occupant 666 S STATE ST Salt Lake City 84111 UT Current Occupant 680 S STATE ST Salt Lake City 84111 UT Current Occupant 34 E EARDLEY PL Salt Lake City 84111 UT Current Occupant 49 E 700 S Salt Lake City 84111 UT Current Occupant 57 E 700 S Salt Lake City 84111 UT Current Occupant 665 S STATE ST Salt Lake City 84111 UT Current Occupant 675 S STATE ST Salt Lake City 84111 UT Current Occupant 131 E 700 S Salt Lake City 84111 UT Current Occupant 709 S MAIN ST Salt Lake City 84111 UT Current Occupant 36 E 700 S Salt Lake City 84111 UT Current Occupant 48 E 700 S Salt Lake City 84111 UT Current Occupant 56 E 700 S Salt Lake City 84111 UT Current Occupant 68 E 700 S Salt Lake City 84111 UT Current Occupant 728 S MAJOR ST Salt Lake City 84111 UT Current Occupant 725 S MAJOR ST Salt Lake City 84111 UT Current Occupant 735 S MAJOR ST Salt Lake City 84111 UT Current Occupant 739 S MAJOR ST Salt Lake City 84111 UT Current Occupant 730 S STATE ST Salt Lake City 84111 UT Current Occupant 748 S STATE ST Salt Lake City 84111 UT Current Occupant 62 E 700 S Salt Lake City 84111 UT Current Occupant 716 S STATE ST Salt Lake City 84111 UT Current Occupant 754 S STATE ST Salt Lake City 84111 UT Current Occupant 711 S STATE ST Salt Lake City 84111 UT Current Occupant 735 S STATE ST Salt Lake City 84111 UT Current Occupant 741 S STATE ST Salt Lake City 84111 UT Current Occupant 745 S STATE ST Salt Lake City 84111 UT Current Occupant 749 S STATE ST Salt Lake City 84111 UT Current Occupant 14 E 800 S Salt Lake City 84111 UT Current Occupant 56 E 800 S Salt Lake City 84111 UT Current Occupant 60 E 800 S Salt Lake City 84111 UT Current Occupant 827 S MAIN ST Salt Lake City 84111 UT Current Occupant 830 S STATE ST Salt Lake City 84111 UT Current Occupant 802 S STATE ST Salt Lake City 84111 UT Current Occupant 810 S STATE ST Salt Lake City 84111 UT Current Occupant 38 E 800 S Salt Lake City 84111 UT Current Occupant 833 S MAIN ST Salt Lake City 84111 UT Current Occupant 817 S STATE ST Salt Lake City 84111 UT 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:June 11, 2024 RE: 754 South State Street Zoning Map and Text Amendments (Sears Block) PLNPCM2022-01109 BRIEFING AND PUBLIC HEARING UPDATE The Council held a briefing and public hearing on July 11, 2023. During the briefing there was a robust discussion primarily focused on street activation that would serve both those within the proposed hospital and those from the outside. Other topics discussed included the importance of providing women’s care, and services to people who are living in shelters or are unhoused. Intermountain Health representatives noted they are currently treating and plan to continue providing women’s care and services to those with cancer, mental health issues, and people who are unhoused. If a new hospital is constructed on the site, they will be able to provide this care in a more accessible location. Two people spoke at the public hearing. One suggested the Council require a development plan and development agreement before granting the proposed rezone. The other commenter discussed impacts to the Central City community and suggested a pedestrian friendly pathway through the proposed development. She also said there is no area workforce housing for those who would be employed at the anticipated facility. The Council closed the public hearing and deferred action to a future meeting. In the months since the briefing and public hearing, some Council Members met with representatives from Intermountain Health to discuss potential green space, ground floor activation to serve both those within the hospital and those in the community, and parking for the proposed hospital. Intermountain Health has been working on balancing Council Member requests while providing needed hospital services. Item Schedule: Briefings: July 11, 2023, June 11, 2024 Set Date: June 6, 2023 Public Hearing: July 11, 2023 Potential Action: July 2, 2024 Page | 2 In April 2024, Intermountain Health met with some Council Members and Administration officials to review how they incorporated feedback they received. After the meeting the Council Chair expressed a willingness to put this back on the agenda for a follow-up briefing and potential action. Since the proposal remained largely the same as discussed in 2023, the Council does not need to hold an additional public hearing. Potential action is tentatively scheduled for July 2. At the June 11, 2024 briefing, Intermountain Health will update the Council on its activation approach, parking, and concepts for the site. POLICY QUESTION 1. Does the Council approve of moving ahead with the proposal given updated street activation and parking information from Intermountain Health? The following information was provided for June 13, 2023 Council briefing. It is included again for background purposes. The Council will be briefed on a proposed zoning map amendment for ten parcels totaling approximately nine acres on the block bordered by 700 South, 800 South, State Street, and Main Street as shown in the image below. This is the former Sears department store location which closed in 2018 and the buildings have since been demolished. The property is currently zoned D-2 (Downtown Support District), and the requested zoning designation is D-1 (Central Business District). Intermountain Health owns the property, and their stated objective is to construct an urban hospital on the site. Hospitals are not allowed as permitted or conditional uses under the proposed D-1 or current D-2 zoning. Included with the zoning map amendment, the petitioner also requested a text amendment to section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts found in Salt Lake City Code to allow hospitals, including accessory lodging facilities, and ambulance services as permitted uses in the D-1 zoning district. It is worth noting that the Planning Commission recommended the Council adopt the text amendment to specify that these uses should be conditional rather than permitted. Additional information follows later in this report. Nine acres is significantly smaller than a typical hospital development, but the applicant indicated additional height allowed under the proposed D-1 zoning district would allow them to build up rather than out, so the site would accommodate their needs. (Building height is limited to 120 feet in the current D-2 zoning district. There is no height limit in the D-1 zone, but buildings taller than 200 feet are subject to design review and conditions). It is worth noting that Major Street is a public street entering the site mid-block from 700 South. During the design process, if the petitioner wants to build over the street property rather than use it as an access point, a separate street vacation petition would be required. The Council is only being asked to consider rezoning the property and the accompanying text amendment. No formal site plan has been submitted to the City nor is it within the scope of the Council’s role to review the plans. Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. The Planning Commission reviewed this proposal at its March 22, 2023 meeting and held a public hearing at which two people spoke. A representative of the Downtown Community Council expressed general support and referenced a letter sent to Intermountain (included on pages 31-34 of the Planning Page | 3 Commission staff report) which includes several requests for the potential hospital site that would be reviewed later if the project advances. The other commenter shared concerns about potential adverse effects to nearby neighbors from the hospital and helicopters landing there. When asked about the anticipated frequency of helicopter landings, the petitioner said the hospital will not be a trauma one center as are Intermountain Medical Center and the University of Utah Hospital, so helicopter traffic will be light. Some patients will require transport via helicopter, with a projected average of one to two times per week. This is based on what LDS Hospital experiences. Heliports are currently allowed as a conditional use in the D-1 zone. The Commission voted 7-3 to forward a positive recommendation to the Council amending the zoning map for the subject parcels from D-2 to D-1, and add the following uses as Conditional within the D-1 district: •Ambulance service (indoor) •Ambulance service (outdoor) •Hospital, including accessory lodging facility. One Commissioner who voted against the motion previously made a motion to include the above uses as permitted. A substitute motion was made to include the uses as conditional in the D-1 zoning district, which a majority of the Commission voted to support. Others who voted against the motion did not specify why they were opposed. Vicinity map with the subject parcels outlined in yellow. Note-other parcels on the block are under separate ownership and not included in this proposal. Image courtesy of Salt Lake City Planning Division. Goal of the briefing: Review the proposed zoning map and text amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS Page | 4 2. The Council may wish to ask the petitioner whether they are planning to provide housing at or near the proposed hospital site. 3. The Council may wish to ask the petitioner about what ground floor public facing amenities are anticipated for the site such as retail and food establishments, in order to provide ground floor activation for pedestrian traffic, as is the goal of other D-1 district parcels. 4. The Council may also with to ask about plans for other public-facing amenities such as open space, etc. that could provide a benefit to the adjacent community. 5. The Council may wish to discuss policy goals for midblock walkways or other ways to break up the building(s) and provide a more open feel to the site. As previously stated there is no current site plan and the Council’s role is not to review site plans, although this could provide policy guidance for the future as it relates to closure of Major Street, which fall under the Council’s purview. 6. The Council may wish to ask the petitioner if they have plans to provide healthcare services for those staying at the homeless resource centers, or services not available from other providers. 7. As shown in the map below, if approved, this parcel would be zoned D-1 and would not be contiguous with other D-1 properties. It would be separated by properties on the north side of 700 South which are zoned D-2. The Council may wish to ask the Planning Division if this is consistent with best practices (previous concerns have been raised by the Administration and past Councils about “spot zoning”), or if there are considerations for rezoning those properties in the future. As noted in Planning’s analysis, the surrounding uses are compatible with the proposal. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 4-9 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1-Neighborhood and Citywide Master Plan Considerations The subject parcels are near the southern edge of the area covered by the Downtown Master Plan, adopted in 2016. The plan acknowledges ongoing population growth and calls for improved access to services and amenities that support current and future downtown residents. If the proposed hospital is built it would provide healthcare and jobs for nearby residents and those in the region. Existing infrastructure will not accommodate the level of demand a hospital would generate. The developer will be required to make improvements to offsite water, sewer, and stormwater quality in addition to nearby water mains. Other needed improvements will be identified if the hospital is built. The subject parcels are less than one block south of the D-1 zoning district as shown in the area zoning map below. Although the proposed zoning change to D-1 would allow for higher density development and taller buildings called for in the Downtown Master Plan, Planning staff found the zoning supports initiatives outlined in the plan and continues the established development framework. If approved by the Council, the subject properties would be surrounded by D-2 zoning, but Planning anticipates these property owners will eventually work toward rezoning their properties. Planning staff identified the following guiding principles found in Plan Salt Lake (2015) that relate to the proposed zoning map and text amendments. •Neighborhoods that provide a safe environment, opportunities for social interaction, and services needed for the wellbeing of the community therein. •A beautiful city that is people focused. Page | 5 •Ensure access to all City amenities for all citizens while treating everyone equitably with fairness, justice and respect. •A balanced economy that produces quality jobs and fosters an environment for commerce, local business, and industry to thrive. Area zoning map with subject property outlined in red. Image courtesy of Salt Lake City Planning Division. Consideration 2-Development Potential D-2 zoning limits building height to 120 feet. The requested D-1 zoning does not limit building height, but buildings taller than 200 feet are subject to conditions and design review. One of the following conditions would have to be provided as part of the design review process if a building taller than 200 feet is built: •Midblock walkway that exceeds standard requirements by at least five feet, •Affordable housing incentives, •Additional ground floor use and visual interest, •A restrictive covenant for a building older than 50 years and not listed as a local landmark site, or •500 square feet of open space with a shade that covers 60% of the area. Planning staff anticipates a design review application will be submitted requesting additional building height. Consideration 3- Compatibility with Adjacent Properties Page | 6 As noted above, the subject property is less than one block south of the D-1 district and the Downtown Master Plan anticipates this district to expand to approximately 900 South. Planning staff believes the proposed rezone is compatible with development to the north and aligns with the community’s expectation of downtown expansion. Surrounding businesses are smaller in scale and include restaurants, barber shops, banks, and car dealerships. The Central City neighborhood is located to the east of the subject property, and Central 9th is to the west. Central City is an established residential neighborhood with some of the city’s oldest single-family homes. Central 9th is also an older single-family residential neighborhood but is transitioning to more medium density among the older homes. It is Planning staff’s opinion the surrounding community would not be adversely impacted by the rezone. Additionally, if surrounding property owners work to rezone their properties as is anticipated, development potential on those properties would be the same. The subject site is within the Ballpark Community Council boundaries, but is within 600 feet of the Central 9th, Central City, and Downtown community council boundaries. It is within the Ballpark neighborhood, but not included in the recently adopted Ballpark Small Area Plan. Rather, as noted above, it is located within the Downtown Master Plan area. If the proposed hospital is built, there will be a significant increase in area pedestrian and vehicular traffic. Planning noted that designers would need to consider City plans related to streetscape design, midblock connections, and activation on State and Main Streets. They also encouraged transit use for employees, promote active transportation, and to be an example of how an urban hospital can revitalize a site. Those recommendations would be reviewed if the project develops. ZONING COMPARISON The following table includes regulations in the zoning ordinance recently adopted by the Council. Regulation Existing Zoning (D-2)Proposed Zoning (D-1) Building Height Maximum height-65 feet by right Above 65 feet up to 120 feet subject to design review Minimum height-100 feet Maximum Height-no limit Buildings taller than 200 feet subject to design review and must include at least one of the following: •Midblock walkway •Affordable housing •Exceed minimum ground floor uses •Restrictive covenant on historic building to preserve for at least 50 years •Privately owned publicly accessible open space of at least 500 square feet Yard Requirements Front/corner side yard-no minimum. Ten feet maximum. No minimum Page | 7 Buildings with ground floor residential: Minimum eight-foot front yard setback, 16 foot maximum. Provided yard shall be landscaped and provide at least one of the following: •Minimum of one bench for every 500 square feet of yard space •Landscaping that includes increase of at least 25% of total number of required trees •Awning covering at least five feet width and length from all street-facing building entrances Eight feet maximum. If provided must include at least one of the following: •Minimum of one bench for every 500 square feet of yard space •Landscaping that includes increase of at least 25% of total number of required trees •Awning covering at least five feet width and length from all street-facing building entrances Analysis of Factors Attachment D (pages 25-29) of the Planning Commission staff report outlines zoning map and zoning text amendment standards that should be considered as the Council reviews this proposal. Zoning Map Amendments Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. The proposed amendment is generally consistent with the goals and policies of the applicable master plans. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. The extent to which a proposed map amendment will affect adjacent properties The change in zoning is not anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. There is no applicable overlay district that imposes additional development standards on this property. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. The redevelopment of the site will require public facility upgrades. Zoning Text Amendments Factor Finding Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of The proposed amendment is Page | 8 the city as stated through its various adopted planning documents. generally consistent with the goals and policies of the applicable master plans. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance. The proposal generally furthers the specific purpose statements of the zoning ordinance. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. The change in zoning is not anticipated to create any substantial new negative impacts that wouldn’t be anticipated with the current zoning. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. The redevelopment of the site will require public facility upgrades. City Department Review During City review of the petitions, no responding departments or divisions expressed objections to the proposal, but provided, or stated they would provide, comments that are applicable if the property is developed. PROJECT CHRONOLOGY • November 11, 2022-Petition for zoning map and text amendment received by Planning Division. • November 23, 2022-Zoning map amendment petitions assigned to Amanda Roman, Urban Designer. • December 8, 2022-Notice sent to Ballpark, Central City, Central 9th, and Downtown Community Councils, and Downtown Alliance. Early notification sent to property owners and residents within 300 feet of the proposal. • December 12, 2022- Proposal posted for an online open house. • March 10, 2023-Planning Commission public hearing notice sent. Agenda posted to Planning Commission website and State Public Notice webpage. • March 22, 2023-Planning Commission public hearing. The Commission forwarded a positive recommendation to the City Council for the proposed zoning map amendment. The Commission also forwarded a positive recommendation to add the proposed hospital and ambulance service land uses to D-1 as conditional rather than the requested permitted uses. • March 27, 2023-Ordinance requested from Attorney’s Office. • April 14, 2023-Signed ordinance received from the Attorney’s Office. • April 27, 2023-Transmittal received in City Council Office. Intermountain Health SEARS SITE Discussion June 11, 2024 Confidential and property of Intermountain Health Confidential and property of Intermountain Health 2 Massing Intermountain Working Session with Salt Lake City Objective: To resolve any outstanding concerns and questions on Intermountain Health's application for zone change and text amendment. Discussion items include follow up on: • Street activation • Parking • Mechanism for implementing approval (conditional use, design review, development agreement) Intermountain’s Vision Confidential and property of Intermountain Health 3 The new hospital campus will expand on the Intermountain Health downtown 120- year legacy by providing better access to the highest quality of care to those near and far, for the next 100 years. To become a beacon of downtown Salt Lake City, where patients and staff feel safe and proud to call home. Intermountain’s Site Requirements include: •Efficient use of site and built spaces –flexibility of built spaces •Patient Centric design enabling efficient care delivery •Intuitive and simplified wayfinding for vehicle and pedestrian flows •A safe and walkable campus, accessible to and satisfying the needs of diverse patient populations •Versatility and flexibility to allow future growth, program changes and mobility mode transition •LEED silver equivalent campus with strategies to maximize efficient usage of resources •Design considerations to minimize negative impact to on-site and adjacent buildings •Meet budget and schedule requirements •Achievable street activation with indoor and outdoor spaces for patients, families and community •Density and Height allowances for appropriate massing and design for patients Sears Site Assessment Intermountain Considerations • If zoning and density granted, the site should be able to accommodate future growth both for the Hospital and Outpatient Services • Convenient access from I-15 north and southbound as well as I- 80 east and westbound • Potential opportunities to engage the surrounding views of the Salt Lake City valley for patients • Potential parking below grade and above grade to support ease of access Confidential and property of Intermountain Health 4 Shared Intermountain / City Considerations •Ideal direct access to mass transit (both TRAX and UTA bus lines) •Potential for Intermountain Health to become a gateway to downtown Salt Lake City for easily accessible healthcare •Potential to engage 800 South, Main Street, and State Street •Potential entryways / focal points at key intersections around the entire block •Potential to become an anchor for the State Street corridor • Provides continuing services to vulnerable patient populations of Salt Lake City • Provides hundreds of unique visits per day in incoming "traffic" to the downtown area, positively impacting surrounding businesses • Significant investment by Intermountain in the city and for patients Confidential and property of Intermountain Health 5 Massing Sears Site Analysis Vehicular Site Access from Major Roadways Two Turns Three Turns Turn Across Traffic Major Roadway Highways Turning Movements Confidential and property of Intermountain Health 6 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Clinical Support Public Space ASC Specialty Center MOB / Clinic Building Support Landscaped Open Space Food Truck Area Potential Concept Massing (Scenario 1) * 1,100 Parking stalls at structure west of Main Street to serve Clinic + 500 below grade + 125 stall parking lot at 700 South Confidential and property of Intermountain Health 7 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Clinical Support Public Space ASC Specialty Center MOB / Clinic Building Support Landscaped Open Space Food Truck Area Potential Concept Massing (Scenario 2) * 1,250 Parking stalls at structure west of Main Street to serve Clinic + 500 below grade stalls Use TBD Potential Massing Birdseye Confidential and property of Intermountain Health 8 Site Plan Inpatient Tower Interventional Services Emergency / InstaCare Radiology Public Space ASC Building Support Landscaped Open Space Food Truck Area * Structured below grade parking accommodates 500 parking stalls for Priority 1 Preferred Massing (complete, colored blocks) Confidential and property of Intermountain Health 9 Site Plan Massing Street Activation Sears Site Confidential and property of Intermountain Health 10 Mid State Street Confidential and property of Intermountain Health 11 Site Plan Massing Street Activation Opportunities Local Partner Coffee Shop Hosting a local coffee roaster will engage passers-by and support partnership opportunities. Food Truck Park Providing a space on the site for the current thriving taco truck and other food trucks provides activation and supports small businesses. Open Space Open space such as healing gardens and outdoor wellness areas support both the hospital and the community. Confidential and property of Intermountain Health 12 Street Activation Opportunities Inviting Entryways Entryways will be located at key intersections with inviting storefronts and high visibility. Engaged Uses at the Ground Floor Engaging hospital and clinic uses such as home health, conference center, wig salon, and café would be located at the ground level. Other opportunities may include therapy spaces such as art and fitness spaces. Confidential and property of Intermountain Health 13 Activation Examples Confidential and property of Intermountain Health 14 Healthcare-Oriented Activation Approach Activation Areas Confidential and property of Intermountain Health 15 Public Space (Street Activation) Building Support Landscaped Open Space Food Truck Area Ground Floor Activation Options: • Hospital Reception / Admitting • Emergency Department and InstaCare Reception • Clinic Reception • Gift Shop • Human Resource Office Lobby • Conference Center • Cafe • Local Coffee Shop • Salon • Art Therapy Space(s) • Outpatient Pharmacy State Street • 420 LF Frontage • Up To 70% of Building Frontage Activated • Outdoor Activity / Food Truck Area Active • Mid-Block Walkway 800 South • 645 LF Frontage • 50% of Building Frontage Activated • Access Drive Main Street (East) • 650 LF Frontage • Up To 70% of Building Frontage Activated • Mid-Block Walkway 700 South • 475 LF Frontage • 50% of Building Frontage Activated • Access Drive • Parking and Emergency Access 800 South and Main Street Confidential and property of Intermountain Health 16 Site Plan 800 South and Main Street Confidential and property of Intermountain Health 17 Site Plan Massing 700 South and Main Street Confidential and property of Intermountain Health 18 Site Plan Massing SPECIALTY CLINIC 700 South and Main Street Confidential and property of Intermountain Health 19 Site Plan Massing 800 South and State Street Confidential and property of Intermountain Health 20 Site Plan Massing 800 South and State Street Confidential and property of Intermountain Health 21 Site Plan Massing Confidential and property of Intermountain Health 22 Massing Intermountain Working Session with Salt Lake City DetailAreas of Discussion D-1 Downtown Support District (with text amendment for Hospital)Zoning Underground parking with Main Street access point Above grade parking (potential: Main and/or 700 South)Parking Adjustment to street level activation requirements (e.g. activation requirement on State and Main): • 50% on 700 S • 50% on 800 S • 70% on Main St • 70% on State St Street Level Activation Summary: ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: April 27, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Zoning Map Amendment at approximately 754 S State Street Petition PLNPCM2022-01109 STAFF CONTACT: Amanda Roman, Urban Designer 801-535-7660 or amanda.roman@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to amend the zoning map of 10 parcels at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District and amend section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts to add the following uses as Conditional within the D-1 zoning district: •Ambulance service (indoor) •Ambulance service (outdoor) •Hospital, including accessory lodging facility BUDGET IMPACT: None. Lisa Shaffer (Apr 27, 2023 16:42 MDT)04/27/2023 04/27/2023 BACKGROUND/DISCUSSION: The proposal includes a zoning map amendment to change the zoning of 10 parcels at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District. The purpose of the proposed amendment is to allow for the redevelopment of the property with an urban hospital. To develop the property, the D-1 zoning district land use table also needs to be amended to add hospitals and ambulance services as Permitted or Conditional uses. Planning staff recommended that the two proposed uses (Hospitals and Ambulance Services) be adopted as Permitted uses in the D-1 zoning district. During the Planning Commission discussion period on March 22, 2023, a majority of the Commission (7:3) voted to modify staff’s recommendation and forward the proposal to the City Council with a recommendation to adopt the uses as Conditional rather than Permitted. Additional discussion topics during the March 22, 2023, Planning Commission meeting included parking and housing options on the site if the rezone is adopted. The intent behind the rezone and text amendment request is to allow for more design flexibility for the purpose of constructing an urban hospital. The building height in the D-2 zoning district is limited to a maximum of 120 feet, with Design Review approval. The by-right building height in the D-1 zone for buildings located on a block corner is 100 – 375 feet. Buildings taller than 375 feet must receive Design Review approval, but there is no maximum height. The Planning Division has transmitted a proposed ordinance to the City Council that would increase allowable building heights in the Downtown Districts while supporting human-scale development, increased street activation, pedestrian accessibility, and community character. If adopted, the Downtown Building Heights and Street Activation text amendment (PLNPCM2022- 00529) would directly affect the development potential of the subject property. The proposed amendment would eliminate the distinction of corner and midblock lots and change the by-right building height in the D-1 zone to 200 feet. Buildings over 200 feet would be required to receive Design Review approval but would have no maximum height. The City Council was briefed on the proposed text amendment on April 4, 2023. At the time of this transmittal, a vote has not been taken to approve, modify, or deny the ordinance. For specific information regarding the proposal, please refer to the Planning Commission Staff Report. ST A T E S T MA I N ST 700 S 800 S PUBLIC PROCESS: • The Planning Division provided a 45-day comment period notice to the associated community councils for the property: Ballpark, Central City, Central 9th, and Downtown. The councils held a joint meeting with Planning staff and the applicant to discuss the proposal on January 19, 2023. A formal letter was submitted and is included in the Planning Commission Staff Report. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing notice about the proposal and information on how to give public input on the project on December 12, 2022. • An online open house has been posted to the Planning Division’s webpage since December 12, 2022. The page remains open for review. • Four public comments were received prior to the Planning Commission meeting and three were submitted either after the Commission staff report was published or after the meeting. The three additional comments are included in Exhibit 4 of the transmittal. Planning Commission (PC) Records (Click to Access) PC Agenda for March 22, 2023 PC Minutes of March 22, 2023 PC Staff Report for March 22, 2023 EXHIBITS 1. Chronology 2. Notice of City Council Hearing 3. Petition Application 4. Additional Public Comments 5. Mailing List 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the zoning of property located at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District) An ordinance amending the zoning map pertaining to property located at approximately 754 S State Street from D-2 Downtown Support District to D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on March 22, 2023 to consider a petition by Tyler Buswell, counsel for the property owner, to rezone ten parcels located at 754 S State Street (Tax ID Nos. 16-07-103-017- 0000, 16-07-103-001-0000, 16-07-103-002-0000, 16-07-103-003-0000, 16-07-103-004-0000, 16-07-103-008-0000, 16-07-103-009-0000, 16-07-103-010-0000, 16-07-103-011-0000, 16-07- 103-022-0000) from D-2 Downtown Support District to D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109; and WHEREAS, at its March 22, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; 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 property identified on Exhibit “A” hereto shall be and hereby is rezoned from D-2 Downtown Support District to D-1 Central Business District. 2 SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance rezoning 754 S State Street to D-1 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney April 14, 2023 3 EXHIBIT “A” Legal Description and Map of Property Subject to Zoning Map Amendment: Parcel Tax ID Nos. 16-07-103-017 16-07-103-001 16-07-103-002 16-07-103-003 16-07-103-004 16-07-103-008 16-07-103-009 16-07-103-010 16-07-103-011 16-07-103-022 PARCEL 16-07-103-001-0000: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 160 FEET; THENCE SOUTH 179 FEET; THENCE WEST 160 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-004-0000: BEGINNING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE WEST 62.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 62.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-008-0000: PART OF LOTS 6 AND 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY, AND COMMENCING 206.25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY; THENCE WEST 82.5 FEET; THENCE SOUTH 41.25 FEET; THENCE EAST 105 FEET; THENCE NORTH 41.25 FEET; THENCE WEST 22.5 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-009-0000: COMMENCING AT A POINT 165 FEET SOUTH AND 44 FEET EAST OF THE NORTHWEST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 57.75 FEET; THENCE WEST 27.5 FEET; THENCE SOUTH 27.5 FEET; THENCE WEST 109 FEET; THENCE NORTH 85.25 FEET; THENCE EAST 136.5 FEET TO THE PLACE OF BEGINNING. PARCELS 16-07-103-017-0000, 16-07-103-010-0000, and 16-07-103-011-0000: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 49.5 FEET; THENCE WEST 165 FEET; THENCE NORTH 49.5 FEET; THENCE WEST 92.5 FEET; THENCE NORTH 79.75 FEET; THENCE EAST 109 FEET; THENCE NORTH 27.5 FEET; THENCE EAST 148.5 FEET; THENCE SOUTH 107.25 FEET TO THE PLACE OF BEGINNING. 4 PARCEL 16-07-103-002-0000: BEGINNING AT A POINT 160 FEET EAST OF THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 87.5 FEET; THENCE SOUTH 179 FEET; THENCE WEST 87.5 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT A POINT 4 FEET WEST OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE WEST 78.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 78.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 37.5 FEET; THENCE SOUTH 148.5 FEET; THENCE SOUTHWESTERLY 22.4 FEET TO A POINT 165 FEET SOUTH AND 22.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7; THENCE WEST 26.5 FEET; THENCE NORTH 165 FEET; THENCE EAST 4 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-003-0000: BEGINNING 57.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 45 FEET; THENCE SOUTH 165 FEET; THENCE WEST 30 FEET; THENCE NORTHWEST 22.4 FEET, MORE OR LESS, TO A POINT 148.5 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH 148.5 FEET TO THE PLACE OF BEGINNING. PARCEL 16-07-103-022-0000: TRACT 1: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 17 RODS; THENCE WEST 10 RODS; THENCE NORTH 3 RODS; THENCE WEST 142.5 FEET; THENCE NORTH 5 RODS; THENCE WEST 105 FEET; THENCE NORTH 68.5 FEET; THENCE WEST 15 RODS; THENCE SOUTH 239 FEET; THENCE EAST 10 RODS; THENCE SOUTH 21 FEET; THENCE WEST 10 RODS; THENCE SOUTH 221 FEET; THENCE EAST 660 FEET TO THE PLACE OF BEGINNING. TRACT 2: BEGINNING 165 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 22.5 FEET; THENCE SOUTH 41.25 FEET; THENCE WEST 105 FEET; THENCE NORTH 41.25 FEET; THENCE EAST 82.5 FEET TO THE BEGINNING. TRACT 3: BEGINNING AT A POINT 88 FEET SOUTH FROM THE NORTHWEST CORNER OF LOT 4, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 21 FEET; THENCE EAST 165 FEET; THENCE NORTH 21 FEET; THENCE WEST 165 FEET TO THE POINT OF BEGINNING. PARCEL (S. Major St.): PARCELS 3, 4, 5, 6, 7 AND 8 DESCRIBED ABOVE ARE TOGETHER WITH THE FOLLOWING: A RIGHT OF WAY IN COMMON WITH OTHERS: COMMENCING 37.5 FEET EAST FROM THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY 5 SURVEY AND RUNNING THENCE SOUTH 148.5 FEET; THENCE SOUTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 142.5 FEET WEST AND 165 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 165 FEET; THENCE EAST 50 FEET; THENCE NORTH 165 FEET; THENCE NORTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 107.5 FEET WEST AND 11 RODS NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 148.5 FEET; THENCE WEST 20 FEET TO THE PLACE OF BEGINNING. 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as Conditional Uses in the D-1 Central Business District) An ordinance amending the text of Section 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as conditional uses in the D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on March 22, 2023 to consider a petition by Tyler Buswell, counsel for the property owner, to amend the text of Section of 21A.33.050 of the Salt Lake City Code to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as permitted uses in the D-1 Central Business District pursuant to Petition No. PLNPCM2022-01109; and WHEREAS, at its March 22, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) that Section of 21A.33.050 of the Salt Lake City Code be amended to add Hospitals (including accessory lodging facility), Ambulance Services (indoor), and Ambulance Services (outdoor) as conditional uses in the D-1 Central Business District; 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: 2 SECTION 1. Amending the text of Salt Lake City Code Section 21A.33.050 That Section 21A.33.050 of the Salt Lake City Code (Zoning: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended as follows: 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: Legend: C = Conditional P = Permitted Use Permitted And Conditional Uses By District D-1 D-2 D-3 D-4 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P Adaptive reuse of a landmark site P P P P4 Alcohol: Bar establishment (indoor) P6 C6 C6 P6 Bar establishment (outdoor) P6 C6 C6 P6 Brewpub (indoor) P6 P6 P6 P6 Brewpub (outdoor) P6 P6 P6 P6 Tavern (indoor) P6 C6 C6 P6 Tavern (outdoor) P6 C6 C6 P6 Ambulance Service (indoor) C Ambulance Service (outdoor) C Animal, veterinary office P P Antenna, communication tower P P P P Antenna, communication tower, exceeding the maximum building height C C C C Art gallery P P P P Artisan food production P14,18 P18 P18 P18 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P17,18 P17,18 P17,18 P17,18 Blood donation center P Bus line station/terminal P7 P7 P7 P7 3 Bus line yard and repair facility P Car wash P3 Check cashing/payday loan business P5 Clinic (medical, dental) P P P P Commercial food preparation P18 P18 P18 P18 Community garden P P P P Convention center P Crematorium P P P Daycare center, adult P P P P Daycare center, child P P P P Daycare, nonregistered home daycare P12 P12 P12 P12 Daycare, registered home daycare or preschool P12 P12 P12 P 12 Dwelling: Artists' loft/studio P P P P Assisted living facility (large) P P P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P P P P Group home (large) C C Group home (small) P P P P Multi-family P P P P Residential support (large) C C Residential support (small) C C Exhibition hall P Farmers' market P Financial institution P P P P Financial institution with drive-through facility P8 P8 Funeral home P P P Gas station P P7 P7 Government facility C C C C Government facility requiring special design features for security purposes P7 P7 4 Heliport, accessory C C C Home occupation P13 P13 P13 P13 Homeless resource center C15 C15 Homeless shelter C15 C15 Hospital, including accessory lodging facility C Hotel/motel P P P P Industrial assembly C18 C18 Laboratory, medical related P18 P18 P18 P18 Laundry, commercial P18 Library P P P P Limousine service P Mixed use development P P P P Mobile food business (operation in the public right-of-way) P P P P Mobile food business (operation on private property) P P P P Mobile food court P P P P Municipal services uses including City utility uses and police and fire stations P P P P Museum P P P P Office P P P P Office, publishing company P P P P Open space on lots less than 4 acres in size P7 P7 P7 P7 Park P P P P Parking, commercial C P C C Parking, off site P P P P Performing arts production facility P P P P Place of worship P11 P11 P11 P11 Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P18 P18 P18 P18 Restaurant P P P P 5 Restaurant with drive-through facility P8 Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, upholstery shop P P Sales and display (outdoor) P P P P School: College or university P P P P K - 12 private P P K - 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Shared housing P P P P Small brewery C18 Social service mission and charity dining hall C C Stadium C C C Storage, self P16 P P Store: Department P P P Fashion oriented department P2 Mass merchandising P P P Pawnshop P Specialty P P P Superstore and hypermarket P Studio, art P P P P Technology facility P18 P18 P18 P18 Theater, live performance P9 P9 P9 P9 Theater, movie P P P P Utility, buildings or structure P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 Vehicle: Automobile repair (major) P P7 P7 Automobile repair (minor) P P7 P7 6 Automobile sales/rental and service P10 P P10 Vending cart, private property P P P P Vending cart, public property Warehouse P18 Warehouse, accessory P P Wholesale distribution P18 Wireless telecommunications facility (see section 21A.40.090, table 21A.40.090E of this title) Qualifying provisions: 1. Subject to conformance to the provisions in subsection 21A.02.050B of this title. 2. Uses allowed only within the boundaries and subject to the provisions of the Downtown Main Street Core Overlay District (section 21A.34.110 of this title). 3. A car wash located within 165 feet (including streets) of a residential use shall not be allowed. 4. 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 design review (chapter 21A.59 of this title). 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 6. Subject to conformance with the provisions in section 21A.36.300, "Alcohol Related Establishments", of this title. 7. Subject to conformance with the provisions of chapter 21A.59, "Design Review", of this title. 8. Subject to conformance to the provisions in section 21A.40.060 of this title for drive-through use regulations. 9. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District. 10. Must be located in a fully enclosed building and entirely indoors. 11. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 12. Subject to section 21A.36.130 of this title. 13. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to section 21A.36.030 of this title. 14. Must contain retail component for on-site food sales. 15. Subject to conformance with the provisions of section 21A.36.350 of this title. 16. Limited to basement/below ground levels only. Not allowed on the ground or upper levels of the building, with the exception of associated public leasing/office space. 17. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. SECTION 6. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. 7 ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance amending Section 21A.33.050 of the Salt Lake City Code APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney April 14, 2023 TABLE OF CONTENTS 1.PROJECT CHRONOLOGY 2.NOTICE OF CITY COUNCIL HEARING 3.ORIGINAL PETITION 4.ADDITIONAL PUBLIC COMMENTS 5.MAILING LIST 1) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2022-01109 November 11, 2022 November 23, 2022 December 8, 2022 December 12, 2022 March 10, 2023 March 17, 2023 March 22, 2023 March 27, 2023 April 14, 2023 Application for a Zoning Map and Text Amendment. Petition PLNPCM2022-01109 was assigned to Amanda Roman, Urban Designer, for staff analysis and processing. Notice sent to Recognized Community Organizations informing them of the petition. The RCO’s notified included the Ballpark, Central City, Central 9th, and Downtown Community Councils, and the Downtown Alliance. Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. The proposal was posted for an online open house through March 22, 2023. The proposal can still be viewed online. Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. Planning Commission Staff Report posted. Planning Commission held a public hearing and made a positive recommendation to the City Council to approve the proposed map amendment. The Commission also forwarded a recommendation to approve the text amendment, but modified the recommendation to add the land uses to the D-1 zoning district as Conditional rather than Permitted. Ordinance request sent to Attorney’s Office. Signed ordinance received from Attorney’s Office. 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-01109 Zoning Map & Zoning Text Amendment for the property at approximately 754 S State Street. Kirton McConkie, represented by Tyler Buswell, Attorney for IHC Health Services, Inc. (the Property Owner), initiated a petition for a zoning map and zoning text amendment, which would facilitate the development of an urban hospital at approximately 754 S State Street. The zoning map amendment request is to rezone 10 parcels from D-2 Downtown Support District to D-1 Central Business District. The 10 parcels included in this proposal are listed below for reference. Address Parcel ID Approximate Acreage 748 South State St. 16-07-103-017 .55 709 South Main St. 16-07-103-001 .66 36 E 700 S 16-07-103-002 .81 48 E 700 S 16-07-103-003 .17 56 E 700 S 16-07-103-004 .24 728 S Major St. 16-07-103-008 .10 725 S Major St. 16-07-103-009 .25 735 S Major St. 16-07-103-010 .10 739 S Major St. 16-07-103-011 .1o 754 S State St. 16-07-103-022 5.97 Major Street None Total Acreage: 8.95 The proposed text amendment to section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts would add the following uses as Conditional within the D-1 zoning district: • Ambulance service (indoor) • Ambulance service (outdoor) • Hospital, including accessory lodging facility As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petitions. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TIME: 7:00 pm PLACE: 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held in-person, to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, please visit www.slc.gov/council. 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 Amanda Roman at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at amanda.roman@slcgov.com The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the petition number PLNPCM2022-01109. 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 make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 3) ORIGINAL PETITION Tyler Buswell 50 E. South Temple, Suite 400 Salt Lake City, UT 84111 4862-9323-6517 November 15, 2022 Nick Norris, Director Salt Lake City – Planning Division 451 S. State St. Salt Lake City, UT 84111 nick.norris@slcgov.com RE: Letter in support of application for zoning map and text amendment. Applicant: Kirton McConkie Attn: Tyler L. Buswell 50 E. South Temple Street, #400 Salt Lake City, Utah 84111 (801) 321-4820 tbuswell@kmclaw.com Property Addresses: 754 S. State St. 709 S. Main St. 36, 48, and 56 E. 700 S. 725, 727, 728, 735, and 739 S. Major St. All of S. Major St. Salt Lake City, UT 84111 As more fully described in Exhibit A (collectively, the “Property”). Totaling approx. 9.22 acres. Amendments Requested: Zoning map amendment of the Property from the D-2 Zone to the D-1 Zone. And zoning text amendment to the D-1 Zone to allow hospitals as a permitted use. Application Fees: $2,036.95 for map amendment ($1,075 + $121 x 7.95 acres). $1,075 for text amendment. 2 of 7 4862-9323-6517 Dear Mr. Norris: This law firm represents IHC Health Services, Inc. (“Intermountain”), which is the owner of the Property described above. This letter accompanies the zoning map and text amendment application submitted concurrently with this letter. The purpose of this letter is to address the submittal requirements of the City’s Zoning Amendment application form. Specifically, this letter will provide the following: (1) a statement declaring the purpose of the amendment, (2) a description of the proposed use of the property being rezoned, (3) the reasons why the present zoning may not be appropriate for the area, (4) the parcel numbers for each parcel affected by the proposed map amendment, and (5) the requested text revisions to the applicable zoning ordinance. Intermountain and our firm look forward to working with the City regarding this application. We hope to create an outcome that will benefit the City, the Property, and residents of Salt Lake City. (1) Purpose for the amendment. Intermountain proposes to amend both the zoning map and the applicable text of the D-1 zone. The Property is comprised of 10 separate tax parcels where the old Sears building is located and an old, unused right of way (S. Major St.), all of which is situated just south of downtown Salt Lake City. The current zoning of all such parcels is the D-2 Downtown Support District zone, and Intermountain proposes to amend the zoning map to the D-1 Central Business District zone. As explained further in paragraph (5) below, Intermountain also proposes to amend the text of the D-1 zone to allow Hospitals as a permitted use, along with other uses to be designated as either permitted or conditional uses. Accordingly, the purpose of these proposed amendments is to allow for the re- development of the majority of the Sears block to accommodate a new, downtown, urban hospital. As the City has known for some time, the Sears property has been in dire need of improvement and redevelopment for many years. The unique location of the block, directly on the southern border of downtown and right along State Street, makes it a prime location for a unique project in general, and an urban hospital in particular. The amendment to D-1 will allow for the maximum flexibility on the Property to create a project that can both function as part of the downtown core, but also facilitate a transition from the downtown uses to the supporting uses of the D-2 zone. Moreover, the amendment will allow the Property to best meet the City’s vision for the South State area as described in the Downtown Master Plan. (2) Description of the proposed use of the property being rezoned. While Intermountain has not created any formal or conceptual plans for the Property, the hospital use would be akin to many urban hospitals across the country. 3 of 7 4862-9323-6517 The project would create and serve as an anchor and bookend on the south end of downtown. The current border of the D-1 zone is less than half a block away to the northwest of the Property, and approximately half a block away directly to the north of the Property, so a hospital project would not only fit with the existing development pattern in the surrounding area, but it would serve to revitalize the area. The hospital would include the typical necessary accompanying uses for a hospital. (3) Reasons why the present zoning may not be appropriate for the area. The current zoning of D-2 for the Property is not appropriate because it has created a site that is underperforming and is not the highest and best use for the Property. The Property has sat largely vacant and underutilized for so long because the D-2 zone does not foster and has not attracted the type of users and uses that this site will support. Because the Property is located in a transition block from D-1 to D-2, it has created a circumstance where more traditional downtown uses, such as high-rise office or residential projects are not well suited, and the economics of lower-rise commercial, office, or residential uses are not as financially viable. The proposed use of a hospital can bridge the gap of those drawbacks created by the Property’s location. The D-1 zone will allow Intermountain the flexibility in building height while also not being out of character for the area with the Grand America being two blocks away, and the new multi-story office/residential projects built on 600 South and Main Street, 700 South Main Street, and 600 South State Street. The D-1 zone’s building height and density flexibility will also help Intermountain in working with the City to design a project that better incorporates permeability and walkability of the Property that would not otherwise be possible given the small area of the Property compared to the level of services Intermountain desires to include on the Property. Amending the Property to D-1 will also be in line with the City’s vision of the “South State” area in its Downtown Master Plan. A hospital will accomplish the goals of re-urbanizing South State while not disrupting the integrity of the neighborhoods to the east. It would also serve those neighborhoods by providing needed healthcare services within walking distance to many residents. The current state and zoning of the Property has failed to live up to or satisfy the City’s vision for the area. So, Intermountain would strive to cooperate with the City in its efforts to implement the Downtown Master Plan goals for this site. A hospital can blend and accomplish the City’s desired outcomes for this area. (4) Parcel numbers to be changed from D-2 to D-1 on the Zoning Map. The following parcels are all proposed to be changed from D-2 to D-1 on the City’s Zoning Map: 4 of 7 4862-9323-6517 Address Parcel Number Approx. Acreage 709 S. Main St. 16-07-103-001-0000 0.66 56 E. 700 S. 16-07-103-004-0000 0.24 728 S. Major St. 16-07-103-008-0000 0.10 725-727 S. Major St. 16-07-103-009-0000 0.25 754 S. State St. 16-07-103-017-0000 0.55 735 S. Major St. 16-07-103-010-0000 0.10 739 S. Major St. 16-07-103-011-0000 0.10 36 E. 700 S. 16-07-103-002-0000 0.81 48 E. 700 S. 16-07-103-003-0000 0.17 754 S. State St. 16-07-103-022-0000 5.97 All of S. Major St. None (5) Requested text amendments to the D-1 Zone. Currently, a hospital is not specifically designated in the table of permitted and conditional uses for the D-1 zone. Consequently, in addition to the requested map amendments, Intermountain proposes the following text amendments to the D-1 zone. (a) Edit to 21A.33.050, Table of Permitted and Conditional Uses For Downton Districts. Intermountain proposes to add the following uses to Table 21A.33.050:  “Ambulance service (indoor): Permitted.”  “Ambulance service (outdoor): Permitted.”  “Hospital, including accessory lodging facility: Permitted.”  “Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees: Permitted.” (Note that the following uses that may be incorporated into the proposed hospital are already either permitted or conditional uses in the D-1 zone as shown on Table 21A.33.050: Bio-medical facility (permitted); medical clinic (permitted); heliport (conditional use); laboratory, medical related (permitted); mixed-use development (permitted); office (permitted).) 5 of 7 4862-9323-6517 We look forward to working with the City on these proposed changes. Please feel free to contact me at if you would like to discuss. Sincerely, Kirton McConkie Tyler L. Buswell Counsel for Intermountain 6 of 7 4862-9323-6517 Exhibit A Legal Description of the Property Real property located in Salt Lake County, Utah, more particularly described as follows: PARCEL 1 (16-07-103-001-0000): COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 160 FEET; THENCE SOUTH 179 FEET; THENCE WEST 160 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. PARCEL 2 (16-07-103-004-0000): BEGINNING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE WEST 62.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 62.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. PARCEL 3 (16-07-103-008-0000): PART OF LOTS 6 AND 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY, AND COMMENCING 206.25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY; THENCE WEST 82.5 FEET; THENCE SOUTH 41.25 FEET; THENCE EAST 105 FEET; THENCE NORTH 41.25 FEET; THENCE WEST 22.5 FEET TO THE PLACE OF BEGINNING. PARCEL 4 (16-07-103-009-0000): COMMENCING AT A POINT 165 FEET SOUTH AND 44 FEET EAST OF THE NORTHWEST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 57.75 FEET; THENCE WEST 27.5 FEET; THENCE SOUTH 27.5 FEET; THENCE WEST 109 FEET; THENCE NORTH 85.25 FEET; THENCE EAST 136.5 FEET TO THE PLACE OF BEGINNING. PARCEL 5 (16-07-103-017-0000, 16-07-103-010-0000, 16-07-103-011-0000): COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 49.5 FEET; THENCE WEST 165 FEET; THENCE NORTH 49.5 FEET; THENCE WEST 92.5 FEET; THENCE NORTH 79.75 FEET; THENCE EAST 109 FEET; THENCE NORTH 27.5 FEET; THENCE EAST 148.5 FEET; THENCE SOUTH 107.25 FEET TO THE PLACE OF BEGINNING. PARCEL 6 (16-07-103-002-0000): BEGINNING AT A POINT 160 FEET EAST OF THE NORTHWEST CORNER OF LOT 5, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 87.5 FEET; THENCE SOUTH 179 FEET; THENCE WEST 87.5 FEET; THENCE NORTH 179 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT A POINT 4 FEET WEST OF THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE WEST 78.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 78.5 FEET; THENCE NORTH 165 FEET TO THE PLACE OF BEGINNING. ALSO: BEGINNING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 37.5 FEET; THENCE SOUTH 148.5 FEET; THENCE 7 of 7 4862-9323-6517 SOUTHWESTERLY 22.4 FEET TO A POINT 165 FEET SOUTH AND 22.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7; THENCE WEST 26.5 FEET; THENCE NORTH 165 FEET; THENCE EAST 4 FEET TO THE PLACE OF BEGINNING. PARCEL 7 (16-07-103-003-0000): BEGINNING 57.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT "A", SALT LAKE CITY SURVEY, AND RUNNING THENCE EAST 45 FEET; THENCE SOUTH 165 FEET; THENCE WEST 30 FEET; THENCE NORTHWEST 22.4 FEET, MORE OR LESS, TO A POINT 148.5 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH 148.5 FEET TO THE PLACE OF BEGINNING. PARCEL 8 (16-07-103-022-0000): TRACT 1: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE NORTH 17 RODS; THENCE WEST 10 RODS; THENCE NORTH 3 RODS; THENCE WEST 142.5 FEET; THENCE NORTH 5 RODS; THENCE WEST 105 FEET; THENCE NORTH 68.5 FEET; THENCE WEST 15 RODS; THENCE SOUTH 239 FEET; THENCE EAST 10 RODS; THENCE SOUTH 21 FEET; THENCE WEST 10 RODS; THENCE SOUTH 221 FEET; THENCE EAST 660 FEET TO THE PLACE OF BEGINNING. TRACT 2: BEGINNING 165 FEET SOUTH FROM THE NORTHEAST CORNER OF LOT 6, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE EAST 22.5 FEET; THENCE SOUTH 41.25 FEET; THENCE WEST 105 FEET; THENCE NORTH 41.25 FEET; THENCE EAST 82.5 FEET TO THE BEGINNING. TRACT 3: BEGINNING AT A POINT 88 FEET SOUTH FROM THE NORTHWEST CORNER OF LOT 4, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 21 FEET; THENCE EAST 165 FEET; THENCE NORTH 21 FEET; THENCE WEST 165 FEET TO THE POINT OF BEGINNING. PARCEL 9 (S. Major St.): PARCELS 3, 4, 5, 6, 7 AND 8 DESCRIBED ABOVE ARE TOGETHER WITH THE FOLLOWING: A RIGHT OF WAY IN COMMON WITH OTHERS: COMMENCING 37.5 FEET EAST FROM THE NORTHWEST CORNER OF LOT 7, BLOCK 16, PLAT ''A'', SALT LAKE CITY SURVEY AND RUNNING THENCE SOUTH 148.5 FEET; THENCE SOUTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 142.5 FEET WEST AND 165 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 165 FEET; THENCE EAST 50 FEET; THENCE NORTH 165 FEET; THENCE NORTHWEST 22.5 FEET, MORE OR LESS, TO A POINT 107.5 FEET WEST AND 11 RODS NORTH FROM THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 148.5 FEET; THENCE WEST 20 FEET TO THE PLACE OF BEGINNING. 4)ADDITIONAL PUBLIC COMMENTS From:Thomas Merrill To:Roman, Amanda Subject:(EXTERNAL) Downtown coalition requests re: Intermountain Date:Tuesday, March 21, 2023 2:54:05 PM Hi Amanda, After having reviewed the excellent staff report prepared for tomorrow's agenda item entitled, "Zoning Map & Text Amendment at Approximately 754 S State Street," we wondered what opportunities there are to get our official requests from the 1/19 meeting with Intermountain and Planning Commission staff on record? Those requests are summarized below: 1. Requirement of a concept plan prior to D1 zoning approval We believe Intermountain is a unique entity that has a greater obligation to transparency with regard to their planning process by virtue of their non-profit status and corresponding community benefit obligations set forth by state and federal law. Specifically, we believe that their request for D1 zoning approval be approved but conditioned upon first the submission of a concept plan that demonstrates a sincere - even if preliminary - incorporation of community feedback gathered to date. Note: we have communicated this request to our D4 Council Member, Ana Valdemoros. 2. The fourth text amendment element re: internal retail should be conditional and limited As communicated by surrounding businesses, we are concerned that the fourth element of the proposed text amendment, "Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees: Permitted” should be only conditionally approved and limited.We strongly recommend against internal retail developments that impede the full beneficial impact of Intermountain's workforce and clientele on the surrounding retail community. We understand that Intermountain would reasonably want food options for employees that allow them to stay close to their responsibilities but an approach similar to the Medical Center in Murray with a variety of internal restaurants would undermine the objective to support the existing retail community. Thank you for your consideration on this. -- Tom Merrill Downtown Community Council From:Erik Bieging To:Planning Public Comments Subject:(EXTERNAL) No IHC hospital downtown without comprehensive reproductive healthcare Date:Saturday, March 25, 2023 12:17:45 AM Hello, The following comments are intended to be read for the planning commission regarding Intermountain Healthcare's request to rezone 754 S State Street (the Sears block): With the passage of H.B. 467 during the most recent state legislative session, hospitals will soon be the only institution legally allowed to provide abortion services in Utah. The two providers of routine abortion in the state, Planned Parenthood and Wasatch Women's Center, will soon be forced to close in May. Residents of Salt Lake City will have to travel hundreds of miles to receive what the American Medical Association calls an essential healthcare service. Zoning offers communities the opportunity to align land uses with the needs of their residents. When a new land use is granted, it should fulfill the needs of the community. At first glance, it would seem that Intermountain Healthcare's proposal to add hospital functions as a permitted use on their downtown property would improve access to healthcare for Salt Lake City residents. However, Intermountain Healthcare has not and has made no intention to provide routine abortion services at its hospitals, despite being uniquely positioned to do so. In Salt Lake City, we already have access to tertiary care hospitals with extensive healthcare services, but abortion care will soon be the exception. We should not grant a new hospital land use unless the hospital will provide the essential healthcare services that our residents need most. Thank you, Erik Bieging Salt Lake City Resident From:Clark, Aubrey To:Roman, Amanda Cc:Norris, Nick; Oktay, Michaela Subject:Bird Friendly Glass Date:Thursday, April 6, 2023 5:16:06 PM Attachments:image001.png Just received this in the MySLC portal: Hello, Council Member Dugan received the below email from a constituent and referred the constituent to planning. Council MemberDugan is interested in seeing bird friendly windows implemented at the new IHC building. Thanks! From: Jeanne LeBer <j >Sent: Saturday, March 25, 2023 2:17 PM To: Dugan, Dan <dan.dugan@slcgov.com>Cc: Jeanne LeBer <; Linda Johnson ; GSLA Membership; Barbara Brown ; Cooper Farr <>; Christopher Merritt <Subject: (EXTERNAL) Who could we talk to about building with bird-friendly glass? Dear Dan:Our Great Salt Lake Audubon Bird-window Collision Working Group recently talked with you about building with bird-friendly glass.We noted the hospital building being built on the old Sears property is still in the planning phases. (See link in email below from LindaJohnson.) Can you suggest a contact person we could talk to about using bird-friendly glass in the structure. Appreciate you getting back to us on this. Let me know.Thanks. Jeanne I am sure applicants don’t want us giving out their info. What would the proper response be here? Aubrey Clark | (She/Her/Hers) Administrative Assistant PLANNING DIVISION | SALT LAKE CITY CORPORATION Direct: (801) 535-7759 or Mobile: (385) 415-4701 Email: Aubrey.Clark@slcgov.com WWW.SLC.GOV/PLANNING WWW.SLC.GOV Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights. 5) MAILING LIST OWN_FULL_NAME OWN_ADDR own_unit OWN_CITY OWN_STAT OWN_ZIP S & S ROBERTS INVESTMENTS, LTD 338 E SOUTHTEMPLE ST SALT LAKE CITY UT 84111 ADY-CHASE, LP 535 E FOURTH AVE SALT LAKE CITY UT 84103 QUALITY OIL COMPANY 4625 S 2300 E # 203 HOLLADAY UT 84117 KEN GARFF ENTERPRISES, LLC 111 E BROADWAY ST SALT LAKE CITY UT 84111 TAYLOR AIR, LLC PO BOX 3390 SALT LAKE CITY UT 84110 700 SOUTH PARTNERS, LLC 180 N UNIVERSITY AVE PROVO UT 84601 AXIOM PROPERTIES III, LLC PO BOX 3390 SALT LAKE CITY UT 84110 HARRIS & HARRIS, LC PO BOX 71979 SALT LAKE CITY UT 84171 D STEVEN BREWSTER; DANA S BREWSTER (JT)657 S MAIN ST SALT LAKE CITY UT 84111 THIRD RIVER REAL ESTATE CORPORATION 4701 N STONEHAVEN LOOP LEHI UT 84043 LOTUS WINTER, LLC 338 E SOUTHTEMPLE ST SALT LAKE CITY UT 84111 CITY GREEK LLC PO BOX 520795 SALT LAKE CITY UT 84152 DELUXE MANAGEMENT, INC 662 S STATE ST SALT LAKE CITY UT 84111 PEZELY, PROPERTIES LLC 1433 S CHANCELLOR WY SALT LAKE CITY UT 84108 BNOLLC 68 S MAIN ST # 200 SALT LAKE CITY UT 84101 SINCLAIR REAL ESTATE COMPANY PO BOX 30825 SALT LAKE CITY UT 84130 CUP OF SUGAR INC 1383 E 2100 S SALT LAKE CITY UT 84105 STANLEY D SCHUBACH PO BOX 128 SALT LAKE CITY UT 84110 SHELTER THE HOMELESS COMMITTEE INC 242 W PARAMOUNT AVE SALT LAKE CITY UT 84115 AM TALBOT & SONS LLC 273 E SIXTH AVE SALT LAKE CITY UT 84103 700 GS, LLC PO BOX 3390 SALT LAKE CITY UT 84110 MOUNTAIN AMERICA FEDERAL CREDIT UNION PO BOX 2331 SANDY UT 84091 LOUIS A. MATE 1172 HWY 89 FISH HAVEN ID 83287 FOOD ALLEY LLC 722 S STATE ST SALT LAKE CITY UT 84111 ALTAF H SIAL 777 S STATE ST SALT LAKE CITY UT 84111 WILLIAM B SUTTON 825 S MAIN ST SALT LAKE CITY UT 84111 DENA LLC 26 E 800 S SALT LAKE CITY UT 84111 NINTH STREET DEVELOPMENT, LLC PO BOX 65809 SALT LAKE CITY UT 84165 VINA ENTERPRISES LLC; SHERRY VINA 3751 S WASATCH BLVD MILLCREEK UT 84109 WILLIAM B SUTTON 823 S MAIN ST SALT LAKE CITY UT 84111 KIMWELL CORPORATION 1000 S MAIN ST # 104 SALT LAKE CITY UT 84101 STORE CAPITAL ACQUISITIONS LLC 2410 LILLYVALE AVENUE LOS ANGELES CA 90032 WOLF BUILDING LLC 20 W CENTURY PARK WY SOUTH SALT LAKE UT 84115 LC SMGA HOLDINGS 801 S STATE ST SALT LAKE CITY UT 84111 GEORGE S CASSITY 801 S STATE ST SALT LAKE CITY UT 84111 Current Occupant 676 S MAIN ST Salt Lake City 84101 UT Current Occupant 18 W 700 S Salt Lake City 84101 UT Current Occupant 16 W 700 S Salt Lake City 84101 UT Current Occupant 690 S MAIN ST Salt Lake City 84101 UT Current Occupant 755 S RICHARDS ST Salt Lake City 84101 UT Current Occupant 750 S MAIN ST Salt Lake City 84101 UT Current Occupant 702 S MAIN ST Salt Lake City 84101 UT Current Occupant 16 W 800 S Salt Lake City 84101 UT Current Occupant 808 S MAIN ST Salt Lake City 84101 UT Current Occupant 659 S MAIN ST Salt Lake City 84111 UT Current Occupant 640 S STATE ST Salt Lake City 84111 UT Current Occupant 679 S MAIN ST Salt Lake City 84111 UT Current Occupant 29 E 700 S Salt Lake City 84111 UT Current Occupant 31 E 700 S Salt Lake City 84111 UT Current Occupant 43 E 700 S Salt Lake City 84111 UT Current Occupant 47 E 700 S Salt Lake City 84111 UT Current Occupant 61 E 700 S Salt Lake City 84111 UT Current Occupant 660 S STATE ST Salt Lake City 84111 UT Current Occupant 666 S STATE ST Salt Lake City 84111 UT Current Occupant 680 S STATE ST Salt Lake City 84111 UT Current Occupant 34 E EARDLEY PL Salt Lake City 84111 UT Current Occupant 49 E 700 S Salt Lake City 84111 UT Current Occupant 57 E 700 S Salt Lake City 84111 UT Current Occupant 665 S STATE ST Salt Lake City 84111 UT Current Occupant 675 S STATE ST Salt Lake City 84111 UT Current Occupant 131 E 700 S Salt Lake City 84111 UT Current Occupant 709 S MAIN ST Salt Lake City 84111 UT Current Occupant 36 E 700 S Salt Lake City 84111 UT Current Occupant 48 E 700 S Salt Lake City 84111 UT Current Occupant 56 E 700 S Salt Lake City 84111 UT Current Occupant 68 E 700 S Salt Lake City 84111 UT Current Occupant 728 S MAJOR ST Salt Lake City 84111 UT Current Occupant 725 S MAJOR ST Salt Lake City 84111 UT Current Occupant 735 S MAJOR ST Salt Lake City 84111 UT Current Occupant 739 S MAJOR ST Salt Lake City 84111 UT Current Occupant 730 S STATE ST Salt Lake City 84111 UT Current Occupant 748 S STATE ST Salt Lake City 84111 UT Current Occupant 62 E 700 S Salt Lake City 84111 UT Current Occupant 716 S STATE ST Salt Lake City 84111 UT Current Occupant 754 S STATE ST Salt Lake City 84111 UT Current Occupant 711 S STATE ST Salt Lake City 84111 UT Current Occupant 735 S STATE ST Salt Lake City 84111 UT Current Occupant 741 S STATE ST Salt Lake City 84111 UT Current Occupant 745 S STATE ST Salt Lake City 84111 UT Current Occupant 749 S STATE ST Salt Lake City 84111 UT Current Occupant 14 E 800 S Salt Lake City 84111 UT Current Occupant 56 E 800 S Salt Lake City 84111 UT Current Occupant 60 E 800 S Salt Lake City 84111 UT Current Occupant 827 S MAIN ST Salt Lake City 84111 UT Current Occupant 830 S STATE ST Salt Lake City 84111 UT Current Occupant 802 S STATE ST Salt Lake City 84111 UT Current Occupant 810 S STATE ST Salt Lake City 84111 UT Current Occupant 38 E 800 S Salt Lake City 84111 UT Current Occupant 833 S MAIN ST Salt Lake City 84111 UT Current Occupant 817 S STATE ST Salt Lake City 84111 UT 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:Lehua Weaver DATE: June 11, 2024 RE:Written Briefing: Public Utilities Revenue Bonds, Series 2024A Water Infrastructure Improvements – Public and Private Lead Service Lines ISSUE AT-A-GLANCE The Department of Public Utilities is proposing to obtain funding through the State in order to perform private and public lead service line identification and replacement. The funding will be treated similarly to the issuance of bonds in terms of repayment and debt calculation, however the State is officially the “purchaser” and a portion of the bonds may be forgiven. The project includes replacement of lead or galvanized lines for some private customers who would not otherwise be able to afford the required work. The bond terms include two favorable components: 1. The total “bonds” issued are for $39,525,000, however $19,350,000 will be treated more as a grant and forgiven through the State’s Revolving Loan Fund for work performed in certain census tracts, to ensure affordability of the required replacements. 2. Rather than a conventional interest rate, the State will charge a 1.5% “assessment” – this lower rate was established to keep costs as low as possible for City water customers. A higher interest rate could have resulted in a higher increase to water rates to pay the higher debt service (repayment). BACKGROUND INFORMATION •Project information: o The Federal funds were set aside to assist with meeting regulatory requirements, specifically with lead service line identification and replacement. o Water mains may also be replaced as needed. Item Schedule: Written Briefing: June 11, 2024 Unfinished Business: July 2, 2024 Public Hearing: August 13, 2024 Page | 2 o According to Public Utilities, ▪“The service line replacement will be prioritized based on: 1) Known lead service lines or galvanized lines requiring replacement 2) Environmental Justice 3) Addressing vulnerable populations to lead exposure 4) Sample results and customer participation.” ▪The location of needed replacements was “obtained from our inventory work, which includes extensive City Historical records review, home inspections, sampling and customer surveys and public outreach.” •Financial info: o The Bonds are not typical revenue bonds, because of the portion that will be forgiven and because the State is officially the “purchaser” of the bonds. o The 1.5% assessment (in lieu of an interest rate) is set based on the State’s cost to administer the loan. o The amount of the loan that is “forgivable” will be determined based on the work that can be performed in certain census tracts. o The current paperwork indicates that Public Utilities would need to set aside 5% of the water rate revenue annually, but staff understands from Bond Counsel that this requirement will be waived. Instead, Public Utilities staff explained that a “debt service reserve account in the amount of $745,625 will be established in accordance with the terms of the official paperwork (Section 3.3 of the Twelfth Supplemental Indenture). Annual deposits of $74.562.50 will be made into the account until the reserve requirement of $745,625 is met. This account is to be used if insufficient funds are available in the Bond Service account. •Schedule: On July 2nd, the Council will consider adopting a “parameters resolution” and set the date for a required hearing on August 13th. TO:Salt Lake City Council DATE: May 21, 2024 Victoria Petro, Chair ERIN MENDENHALL Mayor J1ULove Jill Love (May 23, 202416:21 MDT) LAURA BRIEFER, DIRECTOR Department of Public Utilities CITY COUNCIL TRANSM ITTAL Date Received: 05/23/2024 Jill Love, Chief Administrative Officer Date sent to Council: 05/23/2024 SUBJECT: Salt Lake City, Utah Public Utilities Revenue Bond, Series 2024A STAFF CONTACT: Lisa M. Tarufelli, Finance Administrator, 801-483-6755 Iisa.tarufel Ii@slcgov.com Laura Briefer, Director, 801-483-6741 laura.briefer(ci),slcgov.com Teresa Gray, Water Quality and Treatment Administrator, 801-483-6744 teresa.gray@slcgov.com DOCUMENT TYPE: Briefing/Discussion RECOMMENDATION: That the City Council consider adopting a Bond Parameters Resolution for the issuance and sale of up to $39,525,000 principal amount of Salt Lake City Public Utilities Revenue Bond, Series 2024A. This includes a recommendation to 1) brief the Council on June 11, 2024 in anticipation of adopting a Bond Parameters Resolution for the aforementioned bond issue; 2) adopt a Bond Parameters Resolution on July 2, 2024 approving the issuance of up to $39,525,000 principal amount of Salt Lake City Public Utilities Revenue Bond, Series 2024A and give authority to certain officers to approve the final terms and provisions of and confirm the issuance of the Bond within certain parameters set forth in the attached Bond Parameters Resolution; and 3) hold a public hearing on August 13, 2024. BUDGET IMPACT: None. The FY25 budget anticipated the bond issuance (SRF Loan Proceeds). No budget opening will be required. BACKGROUND/DISCUSSION: In accordance with provisions of the Local Government Bonding Act, the City is required to hold a public a hearing to receive input from the public for all bond issues with respect to: a) the issuance of the Series 2024A revenue bonds and b) the potential economic impact that the water infrastructure improvements will have on the private sector. The financing team is requesting that the City Council approve the Bond Parameters Resolution on July 2, 2024 setting Tuesday, August 13, 2024 as the date to hold the public hearing. A Notice of Public Hearing is required to be published once at least 14 days before the public hearing. The publication of that notice is scheduled for July 3, 2024. FROM:Laura Briefer, Public Utilities Director The Bond Parameters Resolution for the above-referenced bond issue contemplates the issuance of up to a $39,525,000 principal amount bond bearing a hardship grant assessment fee in lieu of interest not to exceed 1.5% per annum with a bond period not to exceed 39 years. Public Utilities received a Federal SRF Loan Authorization through the State Drinking Water Board for the planning and construction of lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements. The loan will be secured by a non-voted Water Revenue Bond. The authorized loan is up to $39,525,000, with $19,350,000 in principal forgiveness for a net repayable amount of $20,175,000, for up to 39 years at 1.5% hardship grant assessment fee in lieu of interest. Public Utilities is implementing a 5-year approach for planning and construction associated with a Lead Service Line Replacement Program (Program). This Program is being conducted to comply with the federal Safe Drinking Water Act (SOWA) and its revisions to the Lead and Copper Rule. Information gathered through the planning phases of the project will inform the subsequent construction required for lead service removals. Construction will include removal and replacement of both public services and private services. Public Utilities presented information to the City Council about the Lead and Copper Rule changes and our anticipated approach to comply with the changes in January 2023. Draft copies of the Bond Parameters Resolution, Twelfth Supplemental Trust Indenture, LSL Signed Authorization Letter from the Drinking Water Board, draft amortization schedule, and preliminary calendar of events are included for your review. These documents are subject to change. Attachments: Bond Parameters Resolution Twelfth Supplemental Trust Indenture SLC LSL Signed Authorization Letter Draft Loan Amortization Schedule Preliminary Calendar of Events cc: Lisa Tarufelli, Public Utilities Finance Administrator Teresa Gray, Public Utilities Water Quality and Treatment Administrator Mark Kittrell, Salt Lake City Deputy Attorney Marina Scott 4871-4591-9676, v. 3 Gilmore Bell DRAFT 05/21/2024 Salt Lake City, Utah July 2, 2024 The City Council (the “Council”) of Salt Lake City, Utah (the “City”), met in regular session at the regular meeting place of the Council in Salt Lake City, Utah, at 7:00 p.m. on Tuesday, July 2, 2024, with the following members present: Present: Victoria Petro Chair Chris Wharton Vice Chair Alejandro Puy Council Member Eva Lopez Chavez Council Member Darin Mano Council Member Dan Dugan Council Member Sarah Young Council Member There were also present: Erin Mendenhall Mayor Katherine N. Lewis City Attorney Absent: After the meeting had been duly called to order and after other matters not pertinent to this Resolution had been discussed, a Certificate of Compliance with Open Meeting Law with respect to this July 2, 2024 meeting was presented to the Council, a copy of which is attached hereto. The following resolution was then introduced in written form, was fully discussed, and pursuant to motion duly made by Council Member and seconded by Council Member , was adopted by the following vote: AYE: NAY: The resolution is as follows: 24871-4591-9676, v. 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $39,525,000 AGGREGATE PRINCIPAL AMOUNT OF PUBLIC UTILITIES REVENUE BONDS, SERIES 2024A; FIXING THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF THE BONDS, THE MAXIMUM NUMBER OF YEARS OVER WHICH THE BONDS MAY MATURE, THE MAXIMUM INTEREST RATE, IF ANY, OR ASSESSMENT FEE WHICH THE BONDS MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE BONDS MAY BE SOLD; PROVIDING FOR THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD; AUTHORIZING THE EXECUTION BY THE CITY OF A SUPPLEMENTAL INDENTURE, AND OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND RELATED MATTERS. WHEREAS, pursuant to the provisions of the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Bond Act”), Salt Lake City, Utah (the “City”), is authorized to issue public utilities revenue bonds (to be issued in one or more series and with such other series or title designation(s) as may be determined by the City) payable from the net revenues of its existing water, sewer, storm drain and street lighting systems (collectively, the “System”) for the municipal purposes set forth therein; and WHEREAS, subject to the limitations set forth herein, the City Council of the City (the “Council”) desires to authorize the issuance of the City’s Public Utilities Revenue Bonds, Series 2024A (the “Series 2024A Bonds”) to (a) finance water improvements to the System, including the replacement of water lines (collectively, the “Project”) and (b) pay costs of issuance of the Series 2024A Bonds, pursuant to this Resolution, the Bond Act, a Master Trust Indenture, dated as of January 1, 2004, as heretofore amended and supplemented (the “Master Indenture”), between the City and U.S. Bank Trust Company, National Association (formerly known as U.S. Bank National Association), as trustee (the “Trustee”), and a Supplemental Indenture to be entered into between the City and the Trustee (the “Supplemental Indenture” and collectively with the Master Indenture, the “Indenture”), in substantially the form presented to the meeting at which this Resolution was adopted and which is attached hereto as Exhibit B; and WHEREAS, the Bond Act provides that prior to issuing bonds, an issuing entity must (a) give notice of its intent to issue such bonds and (b) hold a public hearing to receive input from the public with respect to (i) the issuance of the bonds and (ii) the potential economic impact that the improvement, facility or property for which the bonds pay all or part of the cost will have on the private sector; and WHEREAS, the Council desires to call a public hearing for this purpose and to publish a notice of such hearing with respect to the Series 2024A Bonds; and 34871-4591-9676, v. 3 WHEREAS, the State of Utah Department of Environmental Quality, Drinking Water Board (the “Drinking Water Board”) has offered to purchase the Series 2024A Bonds; and WHEREAS, in order to allow the City, in consultation with the City’s Municipal Advisor, Stifel, Nicolaus & Company, Incorporated (the “Municipal Advisor”) flexibility in setting the pricing date and final terms of the Series 2024A Bonds, the Council desires to grant to (a) the (i) Mayor of the City; or (ii) in the event of the absence or incapacity of the Mayor, the Mayor’s Chief of Staff; or (iii) in the event of the absence or incapacity of both the Mayor and the Mayor’s Chief of Staff, the City Treasurer; or (iv) in the event of the absence or incapacity of the Mayor, the Mayor’s Chief of Staff and the City Treasurer, the Deputy Treasurer of the City and (b) (i) the Chair of the Council; or (ii) in the event of the absence or incapacity of the Chair of the Council, the Vice Chair of the Council; or (iii) in the event of the absence or incapacity of both the Chair and Vice Chair of the Council, any other member of the Council (collectively, the “Designated Officers”), the authority to approve the final interest rates, if any, assessment fees, principal amounts, terms, maturities, redemption or other features, and purchase price at which the Series 2024A Bonds shall be sold and to make any changes with respect thereto from those terms which were before the Council at the time of adoption of this Resolution, provided such terms do not exceed the parameters set forth for such terms in this Resolution (the “Parameters”); NOW, THEREFORE, it is hereby resolved by the City Council of Salt Lake City, Utah, as follows: Section 1. For the purpose of financing the Project and paying costs of issuance of the Series 2024A Bonds, the Council hereby authorizes the issuance of the City’s Series 2024A Bonds which shall be designated “Salt Lake City, Utah Public Utilities Revenue Bonds, Series 2024A” (to be issued from time to time as one or more series and with such other series or title designation(s) as may be determined by the City) in the initial aggregate principal amount of not to exceed $39,525,000. The Series 2024A Bonds shall mature in not more than thirty-nine (39) years from their date or dates, shall be sold at a price not less than one hundred percent (100%) of the total principal amount thereof with the understanding that the Drinking Water Board has agreed to forgive $19,350,000 in principal amount of the Series 2024A Bonds such that the net principal repayment amount shall be $20,175,000. The Series 2024A Bonds shall not bear interest but shall bear an annual Hardship Grant Assessment Fee instead of interest at a rate not to exceed one and one-half percent (1.5%) per annum, and may be non-callable or subject to redemption, all as shall be approved by the Designated Officers in consultation with the City’s Municipal Advisor, all within the Parameters set forth herein. Section 2. The Supplemental Indenture in substantially the form presented at this meeting and attached hereto as Exhibits B is hereby authorized, approved, and confirmed. The Mayor or the Mayor’s Chief of Staff as the Mayor’s designee (collectively referred to herein as the “Mayor”) are hereby authorized to execute and deliver and the City Recorder or Deputy City Recorder (the “City Recorder”) to attest or countersign, the Supplemental Indenture, in substantially the forms and with substantially the content as the form presented at this meeting for and on behalf of the City, with final terms as may be established by the Designated Officers, in consultation with the Municipal Advisor, within the Parameters set forth herein, and with such alterations, changes or additions as may be necessary or as may be authorized by Section 4 hereof. The Designated Officers are each hereby authorized to specify and agree as to the final 44871-4591-9676, v. 3 principal amounts, terms, discounts, maturities, interest rates, assessment fees, redemption and other features, and purchase price with respect to the Series 2024A Bonds for and on behalf of the City, provided that such terms are within the Parameters set by this Resolution. Section 3. The appropriate officials of the City are authorized to make any alterations, changes, deletions or additions to the Indenture, the Series 2024A Bonds, or any other document herein authorized and approved which may be necessary to conform the same to the final terms of the Series 2024A Bonds (within the Parameters set by this Resolution), to correct errors or omissions therein, to complete the same, to remove ambiguities therefrom, or to conform the same to other provisions of said instruments, to the provisions of this Resolution or any resolution adopted by the Council or the provisions of the laws of the State of Utah or the United States. The execution thereof by the Mayor on behalf of the City shall conclusively establish such necessity, appropriateness, and approval with respect to all such additions, modifications, deletions, and changes incorporated therein. Section 4. The form, terms, and provisions of the Series 2024A Bonds and the provisions for the signatures, authentication, payment, registration, transfer, exchange, redemption, and number shall be as set forth in the Indenture. The Mayor and City Recorder are hereby authorized and directed to execute and seal the Series 2024A Bonds and to deliver said Series 2024A Bonds to the Trustee for authentication. The signatures of the Mayor and the City Recorder may be by facsimile or manual execution. Section 5. The appropriate officials of the City are hereby authorized and directed to execute and deliver to the Trustee the written order of the City for authentication and delivery of the Series 2024A Bonds in accordance with the provisions of the Indenture. Section 6. Upon their issuance, the Series 2024A Bonds will constitute special limited obligations of the City payable solely from and to the extent of the sources set forth in the Series 2024A Bonds and the Indenture. No provision of this Resolution, the Indenture, the Series 2024A Bonds, or any other instrument, shall be construed as creating a general obligation of the City, or of creating a general obligation of the State of Utah or any political subdivision thereof, or as incurring or creating a charge upon the general credit of the City or its taxing powers. Section 7. The appropriate officials of the City, and each of them, are hereby authorized and directed to execute and deliver for and on behalf of the City any or all additional certificates, documents and other papers (including, without limitation, any reserve instrument guaranty agreements permitted by the Indenture) and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution and the documents authorized and approved herein. Section 8. Pursuant to Section 11-14-318 of the Bond Act, the City shall hold a public hearing on August 13, 2024, to receive input from the public with respect to (a) the issuance of the Series 2024A Bonds and (b) the potential economic impact that the improvements to be financed with the proceeds of the Series 2024A Bonds will have on the private sector. 54871-4591-9676, v. 3 The date for such public hearing shall not be less than fourteen (14) days after notice of the public hearing is posted as a Class A notice under Section 63G-30-102 (i) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code Annotated 1953, as amended, (ii) on the City’s official website, and (iii) in a public location within the City that is reasonably likely to be seen by residents of the City. The City Recorder shall cause a copy of this Resolution (together with all exhibits hereto) to be kept on file in the office of the City Recorder, for public examination during the regular business hours of the City until at least thirty (30) days from and after the initial posting thereof. The City directs its officers and staff to post a “Notice of Public Hearing and Bonds to be Issued” in substantially the following form: NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED NOTICE IS HEREBY GIVEN pursuant to the provisions of the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Bond Act”), that on July 2, 2024, the City Council (the “Council”) of Salt Lake City, Utah (the “City”), adopted a resolution (the “Resolution”) in which it authorized the issuance of the City’s Public Utilities Revenue Bonds, Series 2024A (the “Series 2024A Bonds”) (to be issued in one or more series and with such other name, series or title designation(s) as may be determined by the City) and called a public hearing to receive input from the public with respect to (a) the issuance of the Series 2024A Bonds and (b) any potential economic impact that the Project described herein to be financed with the proceeds of the Series 2024A Bonds may have on the private sector. PURPOSE, TIME, PLACE AND LOCATION OF PUBLIC HEARING The City shall hold a public hearing on August 13, 2024, at the hour of 7:00 p.m. at 451 South State Street, Room 315, Salt Lake City, Utah. The purpose of the hearing is to receive input from the public with respect to (a) the issuance of the Series 2024A Bonds and (b) any potential economic impact that the project to be financed with the proceeds of the Series 2024A Bonds may have on the private sector. All members of the public are invited to attend and participate. Members of the public may respond in writing at the address of the City or at the public hearing. All feedback will be forwarded to the Utah Division of Environmental Quality Drinking Water Board. PURPOSE FOR ISSUING THE SERIES 2024A BONDS The Series 2024A Bonds will be issued for the purpose of financing water improvements, including the replacement of water lines, to the City’s water, sewer, storm drain and street lighting systems (collectively, the “System”) and paying costs of issuance of the Series 2024A Bonds. REVENUES TO BE PLEDGED The Series 2024A Bonds are special limited obligations of the City payable from the revenues of the System (the “Revenues”). PARAMETERS OF THE SERIES 2024A BONDS The City intends to issue the Series 2024A Bonds in the aggregate principal amount of not more than Thirty-Nine Million Five Hundred Twenty-Five Thousand Dollars ($39,525,000), to mature in not more than thirty-nine (39) years from their date or dates, shall be sold at a price not 64871-4591-9676, v. 3 less than one hundred percent (100%) of the total principal amount thereof with the understanding that the State of Utah Department of Environmental Quality, Drinking Water Board as the purchaser of the Series 2024 Bonds has agreed to forgive $19,350,000 in principal amount of the Series 2024A Bonds such that the net principal repayment amount shall be $20,175,000. The Series 2024A Bonds shall not bear interest but shall bear an annual Hardship Grant Assessment Fee instead of interest at a rate not to exceed one and one-half percent (1.5%) per annum. The Series 2024A Bonds are to be issued and sold by the City pursuant to the Resolution, including as part of said Resolution, a Master Trust Indenture (the “Master Indenture”) and a Supplemental Indenture of Trust (the “Supplemental Indenture” and collectively, the “Indenture”) which Indenture was before the Council in substantially final form at the time of the adoption of the Resolution and said Supplemental Indenture is to be executed by the City in such form and with such changes thereto as shall be approved by the City; provided that the principal amount, interest rate or rates, maturity, and discount of the Series 2024A Bonds will not exceed the maximums set forth above. OUTSTANDING BONDS SECURED BY REVENUES Other than the proposed Series 2024A Bonds, the City currently has $564,387,999 of bonds outstanding (the “Outstanding Bonds”) secured by the Revenues (as more fully described in the Indenture). OTHER OUTSTANDING BONDS OF THE CITY Additional information regarding the City’s Outstanding Bonds may be found in the City’s financial report (the “Financial Report”) at: https://reporting.auditor.utah.gov/searchreports/s. For additional information, including any information more recent than as of the date of the Financial Report, please contact Marina Scott, City Treasurer, at (801) 535-6565. TOTAL ESTIMATED COST Based on the City’s current plan of finance the estimated cost of the Series 2024A Bonds to be issued under the Bond Act if held until maturity is $27,592,515. A copy of the Resolution and the Indenture are on file in the office of the Salt Lake City Recorder, 451 South State Street, Salt Lake City, Utah, or, in the event such office is closed for any reason, at 349 South 200 East, Salt Lake City, Utah, where they may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. for a period of at least thirty (30) days from and after the date of publication of this notice. NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the date of the publication of this notice is provided by law during which any person in interest shall have the right to contest the legality of the Resolution, the Indenture (only as it pertains to the Series 2024A Bonds), or the Series 2024A Bonds, or any provision made for the security and payment of the Series 2024A Bonds, and that after such time, no one shall have any cause of action to contest the regularity, formality, or legality thereof for any cause whatsoever. DATED this July 2, 2024. 74871-4591-9676, v. 3 /s/ Cindy Lou Trishman City Recorder ********** Section 9. The City hereby reserves the right to opt not to issue the Series 2024A Bonds for any reason, including without limitation, consideration of the opinions expressed at the public hearing. Section 10. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its approval and adoption. Section 11. Upon the issuance of the Series 2024A Bonds, this Resolution shall be and remain irrepealable until the principal of, premium, if any, and Hardship Assessment Fee on the Series 2024A Bonds are deemed to have been duly discharged in accordance with the terms and provisions of the Indenture. 84871-4591-9676, v. 3 ADOPTED this July 2, 2024. Chair ( S E A L ) Attest and Countersign: City Recorder APPROVED AS TO FORM: City Attorney 94871-4591-9676, v. 3 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for her approval or disapproval on July 2, 2024. By: Chair MAYOR’S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved on this July 2, 2024. By: Mayor 104871-4591-9676, v. 3 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed and qualified City Recorder of Salt Lake City, Utah (the “City”), do hereby certify according to the records of the City Council of the City (the “City Council”) in my official possession that the foregoing constitutes a true and correct excerpt of the minutes of the meeting of the City Council held on July 2, 2024, including a resolution (the “Resolution”) adopted at said meeting as said minutes and Resolution are officially of record in my possession. I further certify that the Resolution, with all exhibits attached, was deposited in my office on July 2, 2024, and pursuant to the Resolution, a Notice of Public Hearing and Bonds to Be Issued will be posted no less than fourteen (14) days before the public hearing date as a Class A notice under Section 63G-30-102: (a) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code Annotated 1953, as amended, (b) on the City’s official website, and (c) in a public location within the City that is reasonably likely to be seen by residents of the City. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of said City, this July 2, 2024. (SEAL) By: City Recorder A-14871-4591-9676, v. 3 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the “City”), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the July 2, 2024, public meeting held by the City Council of the City (the “City Council”) as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal offices of the City at least twenty four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a copy of such notice, in the form attached hereto as Schedule 1 to be posted on the City’s official website at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2024 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the Council to be held during the year, by causing said Notice to be posted at least annually (a) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code Annotated 1953, as amended, (b) on the City’s official website, and (c) in a public location within the City that is reasonably likely to be seen by residents of the City. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this July 2, 2024. (SEAL) By: City Recorder Attachments: SCHEDULE 1 -- NOTICE OF MEETING SCHEDULE 2 -- ANNUAL MEETING SCHEDULE B-14871-4591-9676, v. 3 EXHIBIT B INDENTURE State of Utah SPENCERJ. COX Governor DEIDRE HENDERSON Lieulenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF DRINKING WATER Nathan Lunstad Director Drinking Water Board Kristi Bell, Chair Eric Franson, P.E, Vice-Chair Dawn Ramsey Justin Maughan Corinna Harris Jeff Coombs Shazelle Terry Blake Tullis, PhD. Kimberly D. Shelley Nathan Lunstad Executive Secretary April 10, 2024 Laura Briefer Salt Lake City Water System 1530 S. West Temple Street Salt Lake City, Utah 84115 Laura.briefer@slcgov.com Subject:Federal SRF Loan Authorization and Procedures for Committal of Funds; Salt Lake City Water System, System #18026, Loan #3F2028 Dear Laura Briefer: On February 29, 2024, the Drinking Water Board (hereinafter called the "Board") authorized a construction loan of up to $39,525,000, with $19,350,000 in principal forgiveness, for a net repayable amount of $20,175,000 for up to 39 years at 1.5% hardship grant assessment fee in lieu of interest, to Salt Lake City Water System (hereinafter called the "Recipient") for the planning and construction of lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements where large quantities of lead are present (hereinafter called the "Project"). The loan from the Board will be secured by General Obligation bond(s), Non-voted Water Revenue bond(s), or a combination thereof; issued by the Recipient as incremental disbursement bond(s) (hereinafter referred to as Bonds) disbursed on a monthly or quarterly basis. The Board has determined the retirement period for the Bonds to be no more than thirty-nine (39) years, with the assessment fee payable on the unpaid principal from the date of each advance of loan funds. The annual assessment fee is 1.5%. The Board will require annual principal payments on the Bonds, plus assessments, totaling approximately $687,000. Enclosed is the proposed bond repayment schedule. If a revenue bond is used, a debt service reserve fund equal to this annual amount must be established by no more than ten equal annual deposits. The authorized financial assistance will be deposited incrementally into the escrow account mentioned in item 2 along with other funds after the bonding requirements for the loan are completed and the principal forgiveness agreement is signed and fully executed. Special Conditions 195 North 1950 West• Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830 Telephone (801) 536-4200 • Fax (801) 536-4211 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on I00% recycled paper Laura Briefer, SLC WS April 10, 2024 Page 2 This financial assistance was authorized subject to the availability of funds. The assistance represented by this authorization will be funded, in whole or in part, from the proceeds of a federal DWSRF Capitalization Grant (Section 1452 SOWA) to the State of Utah. Under the SRF Capitalization Grant Program, federal funds are to be made available to the State by way of authorized draws on a letter of credit over the construction period of the Project. Therefore, this authorization is expressly subject to the continued availability of federal funds through the SRF Capitalization Grant and the letter of credit related thereto. Neither the Board nor the State of Utah shall be bound by this authorization or by any obligation to provide further loan funds to or purchase any bonds from the Recipient if the SRF Capitalization Grant funds to which this authorization relates are not awarded or if payments under the letter of credit are withheld for any reason. As a condition of this authorization, the Board will require the Recipient to provide a schedule of estimated engineering and construction time for the Project within ninety (90) days of the date of this letter. If the Project has not progressed sufficiently for the Recipient to issue the Bond within twelve months of the date of authorization, authorized funding may be withdrawn. As a condition of this loan, the Board will require the Recipient to establish a capital facilities replacement reserve account. Deposits to that account shall be made at least annually in the amount of five percent (5%) of the Recipient's annual drinking water system budget, including depreciation, and must continue until the Bonds are redeemed. Failure to maintain the reserve account will constitute a technical default on the Bonds and may result in penalties being assessed. The Bonds may be prepaid, in whole or in part, at any time in minimum amounts of $1,000 or any integral multiple thereof, with the prepayments applied against the Bond principal in inverse order of maturities. In addition, if any Bond proceeds remain after the Project is completed, those remaining proceeds shall be used to redeem Bond principal in inverse order of maturities. The Bond documents must contain the following provisions: i]The Bonds will initially be in the form of a single, fully-registered bond in the amount of $20,175,000 with provisions for incremental advances quarterly, based on a schedule that coincides with the rate at which engineering/construction related costs are expected to be incurred for the Project. However, provisions shall be made which would allow the Bonds to be exchanged for separate serial bonds in minimum denominations of $1,000. ii]If revenue bonds are used the Bonds must be secured by a pledge by the Recipient of 100% of the net revenue produced by the Recipient's water system, and the Recipient will be required to warrant and demonstrate that those net revenues equal or exceed 125% of the total annual debt service requirements on the Bonds and any other obligations secured by a pledge of those revenues. iii]If interest is payable on the Bonds, that interest must be tax-exempt, and delivery of the Bonds must be accompanied by an opinion of recognized bond counsel that the interest is not subject to state or federal income taxes. Laura Briefer, SLC WS April 10, 2024 Page 3 iv]If a revenue bond is used, and if the Recipient has previously issued bonds or other obligations secured by a pledge of water system revenues, the Bonds to be purchased by the Board shall be issued on a parity with those prior bonds or obligations with respect to the revenue. If it is not possible for the Bonds to be issued on a parity basis, the Recipient shall contact Michael J. Grange immediately at (801) 674-2563. Based on the information presented to the Board, the following sources of funding will be available for the construction of the Project: Agency Share % of Total Drinking Water Board (Loan)$20,175,000 51% Drinking Water Board (Principal Forgiveness)$19,350,000 49% Local Contribution $0 0% Total Project Cost $39,525,000 100.0% For DWSRF-funded projects the Recipient must submit engineering drawings for any water main replacements or copies of approved waterline installation standards to the Drinking Water Board for review. If the Recipient chooses to use a contractor for any portion of the authorized project, the Recipient must advertise for bids for those portions of the Project, must open the bids, and must demonstrate to the Drinking Water Board that the bidding process complied with Utah bidding laws and that available sources of funding are adequate to cover the cost of the Project and the bond insurance costs. Prior to bond closing the Recipient must make arrangements for all authorized financial assistance proceeds and all other Project funds to be available for deposit into the escrow account described below at the time the Board delivers funds unless other acceptable arrangements have been previously made. The financial assistance is conditioned upon the availability of funds at the time of closing, satisfaction of the conditions specified in this letter, and adherence to the project schedule approved at that time. If the Project does not proceed according to the project schedule, the Board may withdraw project authorization, so that other projects ready to proceed can obtain necessary funding. The Board may consider extensions to the project schedule. Any extension requested must be fully justified. After the Project's construction bids have been opened and the below listed requirements have been met, and if the project remains substantially as approved, loan closing will proceed subject to funds available at that time. But, if substantial changes in the Project are required, they must be considered by the Board for committal of funds. As the Recipient you will need to complete the following items before the Board will purchase your Bonds: I.The State of Utah has appointed William L. Prater, Esq. as special legal counsel to the Board (the "Board's Attorney") and has assigned to him the responsibility of reviewing Laura Briefer, SLC WS April 10, 2024 Page 4 all proceedings and documents relating to the sale of bonds to the Board. His telephone number is (801) 566-8882, email is bill@billprater.com, or mail to P.O. Box 71368, Salt Lake City, Utah 84171. The Recipient's bond counsel shall submit the following items to his office at the times indicated below. A copy of the transmittal letter for the items indicated below must also be sent to the Division of Drinking Water to document project progress. a.No later than one week prior to the meeting at which the Recipient intends to adopt its Resolution for the issuance of the Bonds, a complete copy of the Resolution shall be submitted for review. b.No later than two weeks after the adoption of the Resolution, the following items shall be submitted: 1)A true and complete photocopy of the Resolution as adopted, showing signatures of the appropriate officials of the Recipient on the Resolution and on the Notice of Meeting, Acknowledgment of Notice and Consent, Certificate of Publication, Open Meeting Certificate, and other similar documents relating to the Resolution. 2)A true and complete photocopy of the minutes, notices, resolutions, and other documents relating to the Bonds, showing signatures of the appropriate officials. 3)A complete copy of the proposed documents to be signed at Closing, including (but not necessarily limited to) General Certificate, Signature Identification and Non-Litigation Certificate, Receipt, Arbitrage Certificate (ifrequired), Recipient Attorney's Non-Litigation Certificate, Certificate of Clerk (or Recorder) as to contents of Bond Transcript File, Escrow Agreement, and the Bond Attorney's Opinion. 4)A copy of the water rate structure described in paragraph 3 below of this letter. 5)A copy of the proposed opinion letter of the Recipient's attorney described in paragraph 7 of this letter. The procedures for bond approval will be substantially the same as required by the Utah Local Government Bonding Act as it applies to cities and towns. The opinion of the bond attorney must accompany delivery of the Bonds to the Board before proceeds of the loan will be released. At or after the Closing, the Board's Attorney will bill the Recipient, and the Recipient must pay those legal fees. This is an eligible project expenditure. If the Recipient fails to close the loan after this authorization, it will nonetheless be by billed for the actions taken by the Board's Attorney prior to loan cancellation. Laura Briefer, SLC WS April 10, 2024 Page 5 2.Consistent with requirements of the law and the covenants of applicable bond resolutions, the actual payment of funds by the Board to the Recipient will not take place until the Board has assurance the funds will be used for Project costs and the Project will actually be completed. To assure this, all monies to be expended on the Proiect. including the Recipient's share shall be placed in an escrow account supervised by the Recipient and the Board, unless other acceptable arrangements have been made. In general, the Board will make incremental advances into the account on a monthly or quarterly basis. A copy of the proposed escrow agreement shall be submitted to the Board and the Board's Attorney for review. Disbursements from the escrow account will be reviewed and approved by the Division of Drinking Water. A Disbursement Request Form must be completed and submitted along with each request. Disbursement amounts must be authorized in writing by the Recipient and the State prior to any funds being released from the escrow account. Please refer to the reimbursement instruction sheet. 3.At the time of the adoption of the bond resolution, the Recipient shall have passed an ordinance or resolution establishing reasonable water use rates and collection enforcement remedies, taking into account many factors including the need to have sufficient revenue income for all outstanding water system debts, operation and maintenance costs, and any reserve funds. It will then be necessary to implement effective collection procedures. A copy of the rate ordinance and collection enforcement procedures shall be submitted to the Board and the Board's Attorney for review. 4.The Recipient's contract with its engineer shall include the cost of developing the plans and specifications and the construction inspection of the Project. The contract shall be submitted to the Division of Drinking Water for review. (This requirement is to assure the Board that adequate and appropriate arrangements are made for completing and inspecting the project within the guidelines set by the Board.) 5.The project engineer shall submit, in accordance with R309-500, plans and specifications, bidding documents, and general conditions to the Division of Drinking Water for review and Plan Approval prior to soliciting bids on the Project. The engineer shall submit project documents via ddwpnf@utah.gov per https://deq. utah.govldrinking-water/general-plan- approval-process for the expeditious assignment and review of the plans and specifications. Any changes to approved plans and specifications prior to finalizing the Recipient Agreement must be reviewed and approved by the Division of Drinking Water. These funds cannot be disbursed until after the bid opening has occurred and a copy of the bid tabulation has been reviewed by the Division to assure that sufficient funds are authorized to complete the Project. If substantial changes in the Project are required, they must be considered by the Board for committal of additional funds. The following shall be included in the specifications: a.The Recipient shall require contractors hired to perform work on their project to pay prevailing wage rates according to Davis-Bacon labor wage requirements. See attached Reference Page for document location. Laura Briefer, SLC WS April 10, 2024 Page 6 b.The Recipient shall comply with the Build America Buy America Act requirements. See attached Reference Page for document location. 6.Rights-of-way and easements for construction, and operation and maintenance of the Project shall be acquired. The Recipient, through its engineer, shall furnish its attorney a right-of-way map showing the location of all sources, buildings, structures, pipelines, and other pertinent facilities not only in the Project but also for the entire water system. The engineer and presiding officer of the Recipient will sign this map and a copy provided to the Recipient's attorney as a basis for the certification described below. 7.The Recipient's attorney shall certify the following items in writing to the Board: a.The Recipient is a legal entity as of the date ofloan closing. b.The Recipient has valid legal title to the rights-of-way designated and shown on the rights-of-way map, including rights-of-way both for the project to be constructed and the remainder of the existing water system as of the date ofloan closing. c.The Recipient has established the ownership of water rights to any and all water used in the system and such rights are summarized with associated water right numbers. d.The bidding process and contract documents for the construction of the Project have the proper and legal format and are in compliance with the Utah Code Annotated 1953 (including, but not limited to Title 34, Chapter 30). e.After the completed and executed construction contract, along with the performance and payment bonds and evidence of necessary insurance, has been reviewed by the Recipient 's attorney, the Recipient 's attorney shall furnish to the Board his legal opinion that all of such items are legal and binding and in compliance with the Utah Code. As indicated earlier, a draft of this letter is to be submitted to the Board and the Board's Attorney two weeks after the adoption of the resolution. 8.If interest is payable on the Bonds, the Bonds must be accompanied by a legal opinion of recognized municipal bond counsel that interest on the bond obligations is exempt from federal income taxation. Unless otherwise covered, the opinion must also include a statement that the project to be constructed with the Bond proceeds is not for private activity and that the Recipient has complied with all the requirements of the Board with respect to the Utah Federal State Revolving Fund (SRF) Program (R309-705 of the Utah Administrative Code). 9.The Recipient must obtain and maintain continuously throughout the loan repayment period, a fidelity bond on the positions handling the Recipient's funds, in an amount at Laura Briefer, SLC WS April 10, 2024 Page 7 least equal to the total amount of funds that will be on hand at any one time, exclusive of loan funds. This amount should be at least twice an annual payment or $1.374.000. This fidelity bond must be obtained and furnished to the Board prior to the loan closing date. The names of the insured on the position fidelity bond will be "Salt Lake City Water System and the State of Utah acting through the Drinking Water Board." 10.As a condition to the acceptance by the Board of a non-voted revenue bond, the issuer must: a.Publish notice and conduct a public hearing consistent with the requirements of the Utah Local Government Bonding Act, and b.Mail notices to System users in the Issuer's service area informing them of that public hearing. In addition to the time and location of the public hearing, the notices which are mailed to System users shall inform System users of the issuer's intent to issue a non-voted revenue bond to the Board, shall describe the face amount of the Bond, the rate of interest, the repayment schedule and shall describe the impact of the Project. User charge rates and connection fees shall be noted in that notice. That notice shall state that System users may respond to the Issuer in writing or in the public hearing. A copy of all written responses and a certified record of a public hearing shall be forwarded to the Board. If the Board feels that there is significant opposition to the proposed project, or if required by the Utah Local Government Bonding Act, it may be necessary for the Issuer to hold a bond election before the Board's funds will be made available. 11.As a condition of this loan, the Board will require the Recipient to complete a Water Conservation Plan. If your system has less than 500 connections, the plan must be submitted to the Division of Drinking Water prior to loan closing. If your system has more than 500 connections, the plan must be submitted to the Division of Water Resources for review and approval, and the approved plan must be adopted (completing the Certification of Adoption) prior to loan closing. If the Recipient has already adopted such a plan, that plan and its certification of adoption may be submitted to the Division of Drinking Water for verification. Laura Briefer, SLC WS April 10, 2024 Page 8 12.In compliance with Utah Code Annotated 9-8-404 and 36 CFR 800.3(g), the project engineer shall submit a report to the Division of Drinking Water that demonstrates a reasonable and good faith effort was made to identify and gather information to etermine if cultural resources are present in the area of potential effects, including a Class III Survey. The report format shall meet SHPO State of Utah Archaeological Compliance Guidance. Cultural resource reporting guidance is outlined in the Utah SHPO Short Cultural Resources Inventory Report Form. See attached Reference page for document location. 13.The Recipient must agree to comply with the above Federal laws, executive orders, and government-wide policies that apply to the Project and complete the following: a.Ensure, to the fullest extent possible, that Disadvantaged Business Enterprise procurement requirements are achieved in all procurements for prime contractors, subcontractors, suppliers, and others. For your information, refer to these forms for DBE utilization: DBE Contact Log for Bidders, Subcontractor Participation, Performance, and Utilization forms, Suggested Sources for Locating Certified MBE/WBE Contractors in Utah. See attached Reference page for document locations. Ensure that the "six affirmative steps" are taken to assure compliance with the State's "fair share goals" in all procurements. The Division will specify the required language, documents, and instructions. (1)Bid solicitations shall state that this is a federally funded project requiring compliance with the State's "fair share goals" and federal EEO regulations. See attached Reference Page for document location. (2)The "Special Conditions" or "Supplemental Conditions" in the bid documents shall contain the language and instructions specifying the MBE and WBE procurement requirements, provided by the Division. (3)The same bid documents shall also contain the federal EEO requirements. b.Report MBE/WBE utilization for construction services on "EPA Form 5700-52A." See attached Reference Page for document location. This is a requirement for projects that exceed the Simplified Acquisition Threshold set by the Office of Management and Budget. Annual reports are due by October 30th of each year. c.Include the following certification in the bond resolution: "The Issuer agrees, in accepting the proceeds of the Series Bonds, to comply with all applicable state and federal regulations related to the Utah State Revolving Fund administered by the Drinking Water Board These requirements include, but are not limited to, Title XIV of the Safe Drinking Water Act of 1996, 0MB Circular A-133, the Utah Federal State Revolving Fund (SRF) Program (R309-705 of the Laura Briefer, SLC WS April 10, 2024 Page 9 Utah Administrative Code), the Utah Municipal Bond Act, the Utah Money Management Act, the Utah Procurement Code and the State of Utah Legal Compliance Audit Guide." 14.The Recipient shall submit a cash drawdown schedule prepared and certified by their consulting engineer to be a schedule that coincides with the rate at which expected construction related costs are incurred by the project. 15.The Recipient must get a Unique Entity ID from SAM.gov. Once the entity record has been validated, submit a copy of the Unique Entity ID to the Division of Drinking Water. 16.The Recipient shall comply with the Single Audit Act requirements in accordance with 0MB Circular A-133. 17.The Recipient is required to comply with the Bipartisan Infrastructure Law Signage requirements. See attached Reference Page for document location. 18.In compliance with Utah Code Annotated 73-10g-402, water systems applying for federal financial assistance for improvements to capital assets related to water infrastructure shall commit to adopt a capital asset management plan. The Asset Management Plan shall be submitted to the Division for review and approval prior to loan closing, unless preparing an Asset Management Plan is included as part of the project for which the Recipient has applied for financial assistance. In which case, the Asset Management Plan shall be submitted to the Division as soon as it is completed or prior to the entity submitting its final project reimbursement request. To facilitate the timely completion of the financial assistance requirements outlined in this letter, the Recipient and its attorney and engineer shall submit to the Division of Drinking Water all of the items required before loan closing no later than 30 days before the bond closing, and the Recipient's bond attorney shall submit to the Board's Attorney the items listed in subsection "b" of paragraph l on or before the due date specified. These requirements must be completed on or before March 1, 2025. If the Recipient fails to reasonably comply with the Project schedule, the Authorization may be withdrawn in accordance with R309-705-7. Laura Briefer, SLC WS April 10, 2024 Page 10 These requirements may not cover all the matters pertaining to the Project. We anticipate that specific questions on matters relating to your Project will arise, and we are confident that a cooperative effort can resolve any issues. If you have any questions concerning these requirements, please contact Andrea Thurlow at (385) 260-0337, Heather Pattee at (385) 515-1498 or me at (801) 674-2563. Sincerely, DRINKING WATER BOARD Michael J. Grange, P.E. Assistant Executive Secretary MJG/hp/at/lr Enclosures 1.Reference Page 2.Salt Lake City Water System Loan Repayment Schedule cc: William Prater, Esq., William L. Prater, LLC, PO Box 71368, SLC, UT 84171, bill@billprater.com Lisa Tarufelli, Salt Lake City Water System, lisa.tarufelli@slcgov.com Teresa Gray, Salt Lake City Water System, Teresa.Gray@slcgov.com Emma McGowan, Jacobs, emma.mcgowan@jacobs.com Bradley Patterson, Gilmore & Bell, bpatterson@gilmorebell.com Andrea Thurlow, Division of Drinking Water, athurlow@utah.gov Heather Pattee, Division of Drinking Water, hpattee@utah.gov Nagendra Dev, Division of Drinking Water, ndev@utah.gov DDWFinance Laura Briefer, SLC WS April 10, 2024 Page 11 Reference Page *Davis-Bacon labor wage requirements - https://documents.deq.utah.gov/drinking- water/financial-assistance/Federal%20SRF/DOW-2022-0005 38.pdf. *American Iron and Steel Provision - https://documents.deq.utah.gov/drinking-water/financial- assistance/Federal%20SRF /DDW-2022-000536.pdf *Build America Buy America Act - https://documents.deq.utah.gov/drinking-water/financial- assistance/Federal%20SRF/DDW-2022-004136.pdf *Utah SHPO Short Cultural Resources Inventory Report form - https://documents.deg.utah.gov/drinking-water/financial-assistance/Federal%20SRF /DDW-2020- 038201.pdf#page=53 *Disadvantaged Business Enterprise procurement requirements - https://documents.deq.utah.gov/drinking-water/financial-assistance/Federal%20SRF/DDW-2022- 000522.pdf *DBE Contact Log for Bidders - https://documents.deq.utah.gov/drinking-water/financial- assistance/Federal%20SRF /DDW-2022-000526.pdf *Subcontractor Participation, Performance, and Utilization forms - https://documents.deg.utah.gov/drinking-water/financial-assistance/Federal%20SRF/DDW-2022- 000526.pdf *Suggested Sources for Locating Certified MBE/WBE Contractors in Utah - https://documents.deg.utah.gov/drinking-water/financial-assistance/Federal%20SRF/DDW-2022- 000532.pdf *Federal EEO regulations - https://documents.deq.utah.gov/drinking-water/financial- assistance/Federal%20SRF/DDW-2022-000530.pdf *" EPA Form 5700-52A" - https://documents.deq.utah.gov/drinking-water/financial- assistance/Federal%20SRF/DDW-2022-000524.pdf INVESTING IN AMERICA Investing In America Signage Guidelines Law Last Updated: March 2, 2023 . Office of Digital Strategy White House Office, EOP Meena Yi Abbey Pitzer The Bipartisan Infrastructure The CHIPS and Science Act The Inflation Reduction Act The American Rescue Plan Investing In America Signage Guidelines I Last Updated: 03/02/23 2 Guidelines for Logo Applications The purpose of this document is to provide general guidelines for signs displayed at project sites for projects funded under the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), the CHIPS and Science Act, the Inflation Reduction Act, the American Rescue Plan, and other Federally-funded projects as appropriate. The first part of this document pertains to signs for Federally- funded projects that are not installed in the highway right-of- way. For highway signage guidance that is MUTCD compliant please see pages 13 and 14. For all other signs please start here. This document provides information about the Investing In America logo mark as well as how logos, marks and seals of states, cities, and counties can be incorporated into signage. Logos of contractors are not permitted on the signage. When logos are included in signage, the placement should conform to these brand guidelines. Investing In America Signage Guidelines I Last Updated: 03/02/23 3 Variations and Usage There is one approved mark associated with the Investing In America logo. To preserve the integrity of the Investing In America logo mark, make sure to apply them correctly. Altering, distorting, or recreating the 'marks' in any way weakens the power of the image and what it represents. Layout and design of signs and communication materials will vary, so care must be taken when applying the logo mark. Primary Logo Mark INVESTING IN AMERICA Colors The colors, graphics, and fonts used should conform to graphic standards. PMS7687 C COLOR ■Blue CMYK 83,48,0,48 RGB 22 / 68 / 132 HEX #164484 PMS ■Red 0, 100, 81, 0 255 / 0 / 49 #FF0031 PMS185 C White 2,2,0,3 242/ 244/ 248 #F2F4F8 Bright White Investing In America Signage Guidelines I Last Updated: 03/02/23 4 Investing In America Signage Guidelines I Last Updated: 03/02/23 5 Logos INVESTING IN AMERICA White background: logo in red and blue INVESTING IN AMERICA Gray background: logo in red and blue Blue background: logo in all white Investing In America Signage Guidelines I Last Updated: 03/02/23 6 Investing In America Signage Guidelines I Last Updated: 03/02/23 s I Investing In America General Guidelines for Logo Applications PROJECT FUNDED BY President Joe Biden's lSln.[Insert Name of Law]C co <::t 12 fn.481n.""I 71n.3.Sln. t------7----.::C=------ 3, 5 In.7 in. 72 in. 3.Sin.INVESTING IN AMERICA Investing In America Signage Guidelines I Last Updated: 03/02/23 6 Sign Colors 1.The Bipartisan Infrastructure Law PROJECT FUNDED BY President Joe Biden's Bipartisan Infrastructure Law INVESTING IN . PROJECT FUNDED BY President Joe Biden's Bipartisan Infrastructure Law INVESTING IN l"" AMERICA 0,t; White AMERICA 0 Gray Blue Red Border PROJECT FUNDED BY President Joe Biden's Bipartisan Infrastructure Law INVESTING IN AMERICA Investing In America Signage Guidelines I Last Updated: 03/02/23 7 PROJECT FUNDED BY President Joe Biden's CHIPS and Science Act INVESTING IN AMERICA 0 . Sign Colors 2.The CHIPS and Science Act PROJECT FUNDED BY President Joe Biden's CHIPS and Science Act PROJECT FUNDED BY President Joe Biden's CHIPS and Science Act INVESTING IN AMERICA 0, ..INVESTING IN AMERICA White Gray Blue Red Border 0. Investing In America Signage Guidelines I Last Updated: 03/02/23 8 Sign Colors 3.The Inflation Reduction Act PROJECT FUNDED BY President Joe Biden's Inflation Reduction Act PROJECT FUNDED BY President Joe Biden's Inflation Reduction Act INVESTING IN AMERICA INVESTING IN AMERICA White Gray PROJECT FUNDED BY President Joe Biden's Inflation Reduction Act 0.. Blue Red Border PROJECT FUNDED BY President Joe Biden's Inflation Reduction Act INVESTING IN AMERICA 0 6:2 J......,......0 .INVESTING IN AMERICA 06:J............. -.c,c..-. 2 0 . Investing In America Signage Guidelines I Last Updated: 03/02/23 9 0 .0 2 PROJECT FUNDED BY President Joe Biden's American Rescue Plan INVESTING IN AMERICA 0 ,,.. Sign Colors 4.The American Rescue Plan PROJECT FUNDED BY President Joe Biden's American Rescue Plan PROJECT FUNDED BY President Joe Biden's American Rescue Plan INVESTING IN AMERICA 0 .i . ,. EJ I, White Gray Blue Red Border INVESTING IN AMERICA Investing In America Signage Guidelines I Last Updated: 03/02/23 10 PROJECT FUNDED BY President Joe Biden's [Insert Name of Law] State, City, and County Logo Variations PROJECT FUNDED BY President Joe Biden's [Insert Name of Law] INVESTING IN AMERICA Square or Circular State Logo: 7x7 in. INVESTING IN AMERICA Rectangular or Oval State Logo: not to exceed 17.5 x 7 in. Investing In America Signage Guidelines I Last Updated: 03/02/23 11 .. PROJECT FUNDED BY President Joe Biden's [Insert Name of Law] INVESTING IN AMERICA 3 Logo Samples PROJECT FUNDED BY President Joe Biden's [Insert Name of Law] INVESTING IN AMERICA County/City Logo l i .,; '•\- State Logol ''ll2QT Circular City Logo 7 x 7 in. State rectangular logo should not exceed 17.5 x7 in. Rectangular State Logo: not to exceed 17.5 x 7 in. Investing In America Signage Guidelines I Last Updated: 03/02/23 12 PROJECT FUNDED BY President Joe Biden's (Insert Name of Law] INVESTING IN AMERICA J29-T 2 Logo Samples PROJECT FUNDED BY President Joe Biden's [Insert Name of Law] INVESTING IN AMERICA, Circular State Lo o: 7 x 7 in. Rectangular State Logo: not to exceed 17.5 x 7 in. Investing In America Signage Guidelines I Last Updated: 03/02/23 13 Pictograph ----27.9 ------4_.J._a_1---J._4_J.._11_55 J 5.775 ------zs.9----------- -.i------'39.s----------1-4..J.12.ss---- 13'.56 3.37 19 68.88 40.25 ---------------'I ----------------96 ----------------------------M3.37 Rules for Highway Right of Way Signage 8 Feet i i Rules for Highway Right of Way Signage 6 Feet INVESTING IN AMERICA C") --l .l.O... s;f'-¼ State Agency Pictograph USDOT Pictograph lONiri C'1 5.6-->IJ-E--19.04---- --)IE---16.84--•loo-E4 5.16 4-L-7.7645.6 --------20.12 --------21.96-------4..J.._s.4---3.76 I I 3.76-9.76-lk----------52.48--------- a>k-9.76- 5.25l-3-JE--14.25-------27.73 14.25--- 3.76 3.76 12 >1 Investing In America Signage Guidelines I Last Updated: 03/02/23 14 II. ' PROJECT FUNDED BY THE Bipartisan Infrastructure Law j Gilmore Bell DRAFT 05/21/2024 TWELFTH SUPPLEMENTAL TRUST INDENTURE BETWEEN SALT LAKE CITY, UTAH AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Trustee Dated as of [August] 1, 2024 $39,525,000 SALT LAKE CITY, UTAH PUBLIC UTILITIES REVENUE BONDS, SERIES 2024A 4854-3464-3644, v. 3 4854-3464-3644, v. 3 TABLE OF CONTENTS ARTICLE I DEFINITIONS.............................................................................................................2 Section 1.1 Definitions..............................................................................................................2 Section 1.2 Authority for Twelfth Supplemental Indenture......................................................4 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 2024A BONDS.......4 Section 2.1 Authorization of Bonds, Principal Amount, Designation and Series.....................4 Section 2.2 Finding and Purpose...............................................................................................4 Section 2.3 Advances of Proceeds.............................................................................................5 Section 2.4 Debt Forgiveness....................................................................................................5 Section 2.5 Denominations, Payments, Payment Date, and Hardship Grant Assessment ........5 Section 2.6 Delinquent Payment...............................................................................................7 Section 2.7 Exchange of State Bond .........................................................................................7 Section 2.8 Paying Agent..........................................................................................................7 Section 2.9 Optional Redemption; Redemption Price...............................................................7 Section 2.10 Execution of Series 2024A Bond...........................................................................8 Section 2.11 Delivery of Series 2024A Bonds............................................................................8 ARTICLE III APPLICATION OF SERIES 2024A BOND PROCEEDS AND OTHER MONEYS; ESTABLISHMENT AND OPERATION OF ACCOUNTS AND SUBACCOUNTS .................................................................................................8 Section 3.1 Application of Proceeds of the Series 2024A Bonds..............................................8 Section 3.2 Series 2024A Project Account................................................................................8 Section 3.3 Establishment of Debt Service Reserve Subaccount..............................................8 Section 3.4 Renewal and Replacement Fund............................................................................9 Section 3.5 Establishment of Series 2024A Project Account....................................................9 Section 3.6 Establishment of Series 2024A Bond Service Subaccount ....................................9 ARTICLE IV ADDITIONAL COVENANTS AND REPRESENTATIONS OF THE CITY........9 Section 4.1 Additional Covenants and Representations with Respect to the Series 2024A Bonds ...................................................................................................................9 ARTICLE V MISCELLANEOUS...................................................................................................9 Section 5.1 Confirmation of Sale of Series 2024A Bonds........................................................9 Section 5.2 System of Registration..........................................................................................10 Section 5.3 Article and Section Headings...............................................................................10 Section 5.4 Partial Invalidity...................................................................................................10 Section 5.5 Counterparts..........................................................................................................10 Section 5.6 Electronic Signatures............................................................................................10 Section 5.7 Effective Date.......................................................................................................10 Section 5.8 Confirmation of Master Indenture........................................................................10 4854-3464-3644, v. 3 Section 5.9 Representation Regarding Ethical Standards for City Officers and Employees and Former City Officers and Employees..........................................................10 EXHIBIT A-1 (FORM OF STATE BOND) ........................................................................... A-1-1 EXHIBIT A-2 (FORM OF EXCHANGE BOND) .................................................................. A-2-1 EXHIBIT B COST OF ISSUANCE DISBURSEMENT REQUEST .........................................B-1 EXHIBIT C FORM OF REQUISITION .....................................................................................C-1 4854-3464-3644, v. 3 TWELFTH SUPPLEMENTAL TRUST INDENTURE THIS TWELFTH SUPPLEMENTAL TRUST INDENTURE (the “Twelfth Supplemental Indenture”), dated as of [August] 1, 2024, between Salt Lake City, Utah, a municipal corporation and political subdivision of the State of Utah (the “City” or “Issuer”), and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, a national banking association duly organized and qualified under the laws of the United States of America, authorized by law to accept and execute trusts and having an office in Salt Lake City, Utah (the “Trustee”): WITNESSETH WHEREAS, the City has entered into a Master Trust Indenture, dated as of January 1, 2004, as amended and supplemented to the date hereof (the “Master Indenture” and, together with the Twelfth Supplemental Indenture, the “Indenture”), with the Trustee; and WHEREAS, the City considers it necessary and desirable and for the benefit of the City and the users of the System (as defined in the Master Indenture) to issue revenue bonds pursuant to the Indenture and as hereinafter provided for the purpose of financing part of the costs of acquiring a project consisting of the acquisition, improvement or extension of water improvements, facilities and property that will be a part of the System pursuant to authority contained in the Local Government Bonding Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as amended; and WHEREAS in order to (i) finance all or a portion of the costs of construction of improvements to its water system, including, but not limited to lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements and related improvements (collectively, the “Series 2024A Project”), and (ii) finance the costs of issuance of the Bonds herein authorized, the City has determined to issue its Public Utilities Revenue Bonds, Series 2024A in the aggregate principal amount of $39,525,000, with $19,350,000 in principal forgiveness, for a net repayable amount of $20,175,000 (the “Series 2024A Bonds”); and WHEREAS, the State of Utah Department of Environmental Quality, Drinking Water Board (the “Drinking Water Board”) has agreed to purchase the Series 2024A Bonds at par upon the terms and conditions herein set forth; and WHEREAS, the Series 2024A Bonds will be authorized, issued and secured under the Indenture on a parity with all other Bonds issued and outstanding from time to time thereunder; and WHEREAS, the execution and delivery of the Series 2024A Bonds and of this Twelfth Supplemental Indenture have in all respects been duly authorized and all things necessary to make the Series 2024A Bonds, when executed by the City and authenticated by the Trustee, the valid and binding legal obligations of the City and to make this Twelfth Supplemental Indenture a valid and binding agreement have been done; 24854-3464-3644, v. 3 NOW, THEREFORE, THIS TWELFTH SUPPLEMENTAL INDENTURE WITNESSETH: For and in consideration of the mutual covenants herein contained and of the purchase of the Series 2024A Bonds by the Bondholders thereof from time to time, and of the acceptance by the Trustee of the trusts hereby created, and intending to be legally bound hereby, the City has executed and delivered this Twelfth Supplemental Indenture, and by these presents does confirm the pledge provided for in the Master Indenture and to further secure the payment of the Series 2024A Bonds and all other Bonds now or hereafter Outstanding under the Indenture does hereby sell, assign, transfer, set over and pledge unto U.S. Bank Trust Company, National Association, as Trustee, its successors and trusts and its assigns forever, all right, title and interest of the City in and to (a) the proceeds of the sale of the Series 2024A Bonds, (b) the Revenues, (c) all moneys held by Trustee in funds and accounts established hereunder, including the investments, if any, thereof (except for any Rebate Fund), and (d) all other rights hereinafter granted for the future securing of such Series 2024A Bonds subject to the permitted applications thereof as provided in the Master Indenture. TO HAVE AND TO HOLD THE SAME unto the Trustee and its successors and its assigns in trust forever; IN TRUST, NEVERTHELESS, FIRST, for the equal and ratable benefit and security of all present and future Bondholders and Security Instrument Issuers without preference, priority, or distinction as to security or otherwise (except as otherwise specifically provided), of any of the Bonds or Security Instrument Repayment Obligations over any of the others by reason of time of issuance, sale, delivery, maturity or expiration thereof or otherwise for any cause whatsoever; and SECOND, for the equal and proportionate benefit, security and protection of all Reserve Instrument Issuers without preference, priority, or distinction as to lien or otherwise (except as otherwise specifically provided) of any Reserve Instrument Provider over any other Reserve Instrument Provider by reason of time of issuance, delivery or expiration thereof or otherwise for any cause whatsoever. ARTICLE I DEFINITIONS Section 1.1 Definitions. (a) Except as provided in subparagraph (b) of this Section and as the same may be amended hereby, all defined terms contained in the Master Indenture when used in this Twelfth Supplemental Indenture shall have the same meanings as set forth in the Master Indenture. (b)As used in this Twelfth Supplemental Indenture, unless the context shall otherwise require, the following terms shall have the following meanings: “Advance” means an incremental advance to the City of the Series 2024A Bonds by the Drinking Water Board in accordance with this Supplemental Indenture. “Drinking Water Board” means the State of Utah Department of Environmental Quality, Drinking Water Board, or any successor thereof. 34854-3464-3644, v. 3 “Hardship Grant Assessment” means the hardship grant assessment fee to be charged in connection with the Series 2024A Bonds pursuant to Section 2.1 hereof. “Hardship Grant Assessment Payment Date” means, with respect to the Series 2024A Bonds, each February 1, commencing February 1, 2025. “Issue Date” means, with respect to the Series 2024A Bonds, the original date of issuance of the Series 2024A Bonds. “Indenture” means the Master Indenture as amended and supplemented by this Twelfth Supplemental Indenture and as from time to time hereafter amended and supplemented by Supplemental Indentures. “Master Indenture” means the Master Trust Indenture, dated as of January 1, 2004, as heretofore amended and supplemented, between the City and the Trustee, providing for the issuance of public utility revenue bonds. “Outstanding Parity Bonds” means, as of the date of execution and delivery of the Series 2024A Bonds, (i) the Taxable Water and Sewer Bonds, Series 2009; (ii) the Water and Sewer Revenue Bonds, Series 2010; (iii) the Water and Sewer Revenue Bonds, Series 2011; (iv) Water and Sewer Improvement and Refunding Revenue Bonds, Series 2012; (v) Public Utilities Revenue and Refunding Bonds, Series 2017; (vi) Public Utilities Revenue Bonds, Series 2020; (vii) Public Utilities Revenue Bond (WIFIA Loan), Series 2020B; and (viii) Public Utilities Revenue Bonds, Series 2022. “Record Date” means the fifteenth day of the month next preceding any Hardship Grant Assessment Payment Date. “Renewal and Replacement Fund Reserve Requirement” means an amount equal to $0. “Repayable Principal Amount” means the maximum principal amount of the Series 2024A Bonds payable to the Registered Owner thereof calculated by reducing the purchase price of the Series 2024A Bonds by the debt forgiveness amounts as provided in Section 2.4 and Section 2.5 hereof. “Series 2024A Bonds” means the City’s Public Utilities Revenue Bonds, Series 2024A, issued pursuant to this Twelfth Supplemental Indenture. “Series 2024A Bond Service Subaccount” means the Series Subaccount in the Bond Service Account established in Section 3.5. “Series 2024A Debt Service Reserve Subaccount” means the Subaccount established in the Debt Service Reserve Account for the Series 2024A Bonds. “Series 2024A Debt Service Reserve Requirement” means an amount equal to $745,625. 44854-3464-3644, v. 3 “Series 2024A Project” means improvements to the City’s water system including, but not limited to lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements and related improvements. “Series 2024A Project Account” means the Project Account in the Construction Fund established in Section 3.4. “Twelfth Supplemental Indenture” means this Twelfth Supplemental Trust Indenture, dated as of [August] 1, 2024, between the City and the Trustee. The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder,” and any similar terms as used in this Twelfth Supplemental Indenture, refer to this Twelfth Supplemental Indenture. Section 1.2 Authority for Twelfth Supplemental Indenture. This Twelfth Supplemental Indenture is executed pursuant to the provisions of the Act and the Indenture. ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 2024A BONDS Section 2.1 Authorization of Bonds, Principal Amount, Designation and Series. In order to provide sufficient funds, together with other available moneys of the City, if any, for the (a) financing of the Series 2024A Project and (b) paying all expenses properly incidental thereto and to the issuance of the Series 2024A Bonds and in accordance with and subject to the terms, conditions and limitations established in the Indenture, the City’s Public Utilities Revenue Bonds, Series 2024A are hereby authorized to be issued. The Series 2024A Bonds shall be limited to $39,525,000, with $19,350,000 in principal forgiveness for a net repayable amount of $20,175,000 and shall be issued (i) if issued as a state bond, in the form set forth in Exhibit A-1 (the “State Bond”) and (ii) if issued as an exchange bond, in the form set forth in Exhibit A-2 (the “Exchange Bonds”) in fully registered form. The Series 2024A Bonds shall bear a Hardship Grant Assessment from their Issue Date at the rate of 1.50% per annum on the unpaid principal balance of the Series 2024A Bonds which shall be payable commencing February 1, 2025, until the Series 2024A Bonds are paid in full. If issued as Exchange Bonds, the Series 2024A Bonds shall be in the denomination of $1,000 or any integral multiple thereof. The Series 2024A Bonds shall initially be issued as one fully registered State Bond. The Series 2024A Bonds shall be in such form as to permit the Drinking Water Board to make incremental advances on its total loan commitment to the City during the period of acquisition and construction of the Series 2024A Project and in compliance with Section 2.3 below. Section 2.2 Finding and Purpose. The Series 2024A Bonds are hereby authorized to be issued for the purpose of paying part of the Cost of Construction of the Series 2024A Project pursuant to Section 2.03 of the Master Indenture. Except for the City’s Outstanding Parity Bonds and the Series 2024A Bonds authorized by this Twelfth Supplemental Indenture, the City has no outstanding bonds, notes or other obligations issued pursuant to the Indenture. 54854-3464-3644, v. 3 Section 2.3 Advances of Proceeds. On or before fifteen (15) days prior to the first day of each calendar quarter beginning prior to the payment by the City of costs of construction of the Series 2024A Project, or at such other time as shall be specified by the Drinking Water Board, the City shall provide to the Drinking Water Board a certificate setting forth a schedule of the costs of construction which the City estimates will become due and payable by the City during the next calendar quarter. Advances made by the Drinking Water Board on the basis of such certificates shall be deposited in the Series 2024A Construction Account. All such advances shall be in the amount of $1,000 or any integral multiple thereof. Upon receipt of evidence of deposit of each advance in the Series 2024A Construction Account, the [Finance Director of the Department of Public Utilities of the City] shall give telephonic authorization followed by written confirmation to the Drinking Water Board to stamp or write the date and amount of such advance made by the Drinking Water Board in the appropriate place on the Certificate of Dates of Payment and Amount appearing on the State Bond. Each advance made by the Drinking Water Board on the State Bond shall constitute proceeds of the State Bond and shall be deemed to constitute the full purchase price of the corresponding principal amount of the State Bond noted on the Certificate of Dates of Payment and Amount appearing on the State Bond. As advances are made by the Drinking Water Board, they shall be deemed to represent principal payments in the order of their maturity. Section 2.4 Debt Forgiveness. The Drinking Water Board has committed to purchase the Series 2024A Bonds for a purchase price of not to exceed Thirty-Nine Million Five Hundred Twenty-Five Thousand Dollars ($39,525,000). The Drinking Water Board has also agreed to forgive and relieve the City of a maximum amount of Nineteen Million Three Hundred Fifty Thousand Dollars ($19,350,000) of the maximum Total Principal Sum of the Series 2024A Bonds such that the Repayable Principal Amount of the Series 2024A Bonds shall not exceed Twenty Million One Hundred Seventy-Five Thousand Dollars ($20,175,000). [Accordingly, approximately [ ] percent ( %) of each incremental advance pursuant to Section 2.3 hereof shall be forgiven and shall be recorded under the “Debt Forgiveness Amount” column on the Certificate of Dates of Payment and Amount on the State Bond certificate. The remaining approximately [ ] percent ( %) of each increment advance shall be recorded under the “Repayable Principal Amount” column on the Certificate of Dates of Payment and Amount and shall constitute the total principal repayment obligation of the City with respect to the Series 2024A Bonds.] Section 2.5 Denominations, Payments, Payment Date, and Hardship Grant Assessment. The Series 2024A Bonds shall be in the denomination of One Thousand Dollars ($1,000) or any integral multiple thereof and shall be paid as provided in this Section 2.5. Except as provided in the next succeeding paragraph, principal payments, whether at maturity or by redemption, shall be payable upon presentation of the applicable Series 2024A Bonds at the offices of the Paying Agent for endorsement or surrender, or of any successor Paying Agent. So long as the Drinking Water Board is the Registered Owner of the Series 2024A Bonds, payments on the Series 2024A Bonds shall be made by check or draft without presentation of the Series 2024A Bonds and mailed to the Drinking Water Board as the Registered Owner at the address shown on the registration books maintained by the Registrar. Payment on the Series 64854-3464-3644, v. 3 2024A Bonds shall be made in any coin or currency which on the date of payment is legal tender for the payment of debts due the United States of America. The Series 2024A Bonds shall be dated as of the Issue Date, and shall be payable in installment payments of Principal on February 1 in the years and in the amounts and shall bear a Hardship Grant Assessment on the principal amount of each Advance beginning on the date of such Advance at the rate of 1.5% per annum. The City shall make a Hardship Grant Assessment only payment (accruing from date of closing) on February 1, 2025. Principal payments are as follows and as further described herein: Maturity Date (February 1) Principal Amount Maturity Date (February 1) Principal Amount 2030 $443,000 2048 $578,000 2031 449,000 2049 587,000 2032 456,000 2050 596,000 2033 463,000 2051 605,000 2034 470,000 2052 614,000 2035 477,000 2053 623,000 2036 484,000 2054 633,000 2037 491,000 2055 642,000 2038 498,000 2056 652,000 2039 506,000 2057 661,000 2040 514,000 2058 671,000 2041 521,000 2059 681,000 2042 529,000 2060 692,000 2043 537,000 2061 702,000 2044 545,000 2062 713,000 2045 553,000 2063 723,000 2046 562,000 2064 734,000 2047 570,000 If less than $20,175,000 is advanced on the Series 2024A Bonds, the repayment period shall be shortened and the number of annual principal installments shall be reduced in inverse order of payment (and the amount of the final remaining principal payment shall be reduced, if required) to correspond to the maximum principal amount of the Series 2024A Bonds. The Hardship Grant Assessment on Series 2024A Bonds so payable, and punctually paid and duly provided for, on any Hardship Grant Assessment Payment Date will be paid to the Registered Owner thereof at the close of business on the Regular Record Date for such Hardship Grant Assessment. Any such Hardship Grant Assessment not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner of any Series 2024A Bonds on such Regular Record Date and may be paid to the registered owner thereof at the close of business on a Special Record Date for the payment of such defaulted Hardship Grant Assessment to be fixed by the Trustee, notice thereof to be given to such registered owner not less than ten days prior to such Special Record Date. The Hardship Grant Assessment shall be paid by check or draft mailed on each Hardship Grant Assessment Payment Date to the Holder of each of the Series 2024A Bonds as the name and address of such Holder appears on the Record Date in the Register. The Hardship 74854-3464-3644, v. 3 Grant Assessment on the Series 2024A Bonds shall be calculated on the basis of a 360 day year consisting of twelve 30-day months. Section 2.6 Delinquent Payment. Payments of principal and the Hardship Grant Assessment on the Series 2024A Bonds which are delinquent from the due date thereof shall draw interest at the rate of [eighteen percent (18%)] per annum on the delinquent payment from said due date until paid in full. Section 2.7 Exchange of State Bond. As long as the Drinking Water Board is the sole Registered Owner of the Series 2024A Bonds, the Series 2024A Bonds shall be issued only as a State Bond in the form prescribed in Exhibit A-1. It is recognized that the Drinking Water Board may sell or otherwise transfer the Series 2024A Bonds pursuant to the provisions of the State Financing Consolidation Act, Title 63B, Chapter 1b, Utah Code Annotated 1953, as amended, or otherwise. In the event the Drinking Water Board determines to sell or otherwise transfer all or a portion of the Series 2024A Bonds pursuant to the State Financing Consolidation Act, or otherwise, the State Bond shall be exchanged at the office of the Paying Agent for a like aggregate principal amount of Exchange Bonds in accordance with the provisions of this Section 2.7. Any Series 2024A Bond, or any portion thereof, which is sold or otherwise transferred or liquidated by the Drinking Water Board pursuant to the State Financing Consolidation Act, or otherwise, shall be in the form of an Exchange Bond prescribed in Exhibit A-2, and shall be executed pursuant to authorization contained in Section 3.04 of the Master Indenture. Each principal payment on the State Bond not previously paid or canceled shall be represented by an equivalent principal amount of Exchange Bonds, in authorized denominations, and of like maturity. The City and its officers shall execute and deliver such documents and perform such acts as may reasonably be required by the City to accomplish the exchange of the State Bond for Exchange Bonds, provided that the Drinking Water Board shall pay or cause to be paid all costs and other charges incident to such exchange and the City shall have no obligation to pay any such costs or charges. Section 2.8 Paying Agent. U.S. Bank Trust Company, National Association, of Salt Lake City, Utah, is hereby appointed the Paying Agent for the Series 2024A Bonds, pursuant and subject to Section 7.02 of the Master Indenture. Principal of the Series 2024A Bonds when due shall be payable at the principal corporate trust operations office of the Trustee, or of its successor as Paying Agent. Payment of the Hardship Grant Assessment on Series 2024A Bonds will be made by the Paying Agent pursuant to Section 2.5 herein. Section 2.9 Optional Redemption; Redemption Price. (a) The Series 2024A Bonds may be prepaid at the election of the City, in whole or in part, at any time in minimum amounts of $1,000 or any integral multiple thereof, with the prepayments applied against the Principal of the Series 2024A Bonds in inverse order of the payment due dates thereof. (b) The City shall provide notice of redemption as required in Section 4.03 of the Master Indenture, and upon at least thirty (30) days’ prior written notice of the amount of prepayment and the date scheduled for prepayment to the Drinking Water Board with respect to the State Bonds, and at a redemption price equal to 100% of the principal amount to be prepaid or redeemed to the date of redemption. 84854-3464-3644, v. 3 Section 2.10 Execution of Series 2024A Bond. The Series 2024A Bonds shall be executed on behalf of the City by the Mayor by manual or facsimile signature, and attested and countersigned by the City Recorder by manual or facsimile signature, and the City’s seal shall be affixed or a facsimile thereof shall be imprinted upon the Series 2024A Bonds. The Series 2024A Bonds shall then be delivered to the Trustee and manually authenticated by it. Section 2.11 Delivery of Series 2024A Bonds. The Series 2024A Bonds shall be delivered to the Drinking Water Board, upon compliance with the provisions of Section 3.02 of the Master Indenture. ARTICLE III APPLICATION OF SERIES 2024A BOND PROCEEDS AND OTHER MONEYS; ESTABLISHMENT AND OPERATION OF ACCOUNTS AND SUBACCOUNTS Section 3.1 Application of Proceeds of the Series 2024A Bonds. The Drinking Water Board shall deposit with the Trustee the proceeds of the Series 2024A Bonds when advanced pursuant to Section 2.3 herein, and the Trustee shall deposit said proceeds into the Series 2024A Project Account established by Section 3.5 herein and held by the Trustee and upon the Trustee’s receipt of an executed requisition form from the City in the form attached hereto as Exhibit C. At closing, payment of [$ ], which constitutes the first incremental advance of the Series 2024A Bonds shall be deposited in the Series 2024A Project Account within the Construction Fund. Section 3.2 Series 2024A Project Account. Disbursements of moneys in the Series 2024A Project Account shall be made in accordance with the terms of Section 5.03 of the General Indenture. Each requisition from said Series 2024A Project Account shall be approved by a qualified representative of the Drinking Water Board; provided, however, that the costs of issuance of the Series 2024A Bonds shall be paid by the Trustee from the Series 2024A Project Account upon receipt from the City of an executed Cost of Issuance Disbursement Request in substantially the form of Exhibit B attached hereto. Section 3.3 Establishment of Debt Service Reserve Subaccount. There is hereby established for the Series 2024A Bonds the Series 2024A Debt Service Reserve Subaccount. The amount to be deposited from the proceeds of the Series 2024A Bonds into the Series 2024A Debt Service Reserve Subaccount is $0. The City shall, upon the issuance of the Series 2024A Bonds, deposit annually $74,562.50 into the Series 2024A Debt Service Reserve Subaccount until the Series 2024A Debt Service Reserve Requirement of $745,625 has been met. Amounts deposited in the Series 2024A Debt Service Reserve Subaccount shall be used to pay the principal and Hardship Grant Assessment falling due on the Series 2024A Bonds at any time when there are insufficient funds in the Bond Service Account to pay the same, but pending such use may be invested as provided in the Master Indenture. No further deposits to said Series 2024A Debt Service Reserve Subaccount need be made unless payments from said Series 2024A Debt Service Reserve Subaccount have reduced the same below the Series 2024A Debt Service Reserve Requirement, in which event the City agrees to restore the Series 2024A Debt Service Reserve Subaccount to the Series 2024A Debt Service Reserve Requirement in the time and in the manner specified in Section 5.05 of the Master Indenture. In lieu of a separate subaccount as provided 94854-3464-3644, v. 3 herein, the City may use internal notations on its books in order to account for the accumulation and maintenance of the Series 2024A Debt Service Reserve Requirement. Section 3.4 Renewal and Replacement Fund. The amount to be deposited from the proceeds of the Series 2024A Bonds into the Renewal and Replacement Fund is $-0-. Section 3.5 Establishment of Series 2024A Project Account. There is hereby established a Project Account in the Construction Fund designated as the “Series 2024A Project Account.” Moneys in the Series 2024A Project Account shall be used for the purposes and as authorized by Section 5.03 of the Master Indenture to pay the Cost of Construction of the Series 2024A Project. Section 3.6 Establishment of Series 2024A Bond Service Subaccount. Pursuant to Section 5.06(a) of the Master Indenture, there is hereby established a separate Series Subaccount in the Bond Service Account in the Principal and Interest Fund designated as the “Series 2024A Bond Service Subaccount.” Moneys shall be deposited into and paid from the Series 2024A Bond Service Subaccount in accordance with Section 5.06 of the Master Indenture to pay Principal of and interest, if any, and the Hardship Grant Assessment on the Series 2024A Bonds. ARTICLE IV ADDITIONAL COVENANTS AND REPRESENTATIONS OF THE CITY Section 4.1 Additional Covenants and Representations with Respect to the Series 2024A Bonds. The City hereby covenants, represents, and agrees with the holder of the Series 2024A Bonds issued hereunder the following: (a)The City agrees, in accepting the proceeds of the Series 2024A Bonds, to comply with all applicable state and federal regulations related to the Utah State Revolving Fund administered by the Drinking Water Board. These requirements include, but are not limited to, Title XIV of the Safe Drinking Water Act of 1996, OMB Circular A-133, the Utah Federal State Revolving Fund (SRF) Program (R309-705 of the Utah Administrative Code), the Utah Local Government Bonding Act, the Utah Money Management Act, the Utah Procurement Code and the State of Utah Legal Compliance Audit Guide. (b)The Series 2024A Bonds are issued on a parity with the Outstanding Parity Bonds and comply with the Additional Bonds requirements of the Master Indenture. (c)Each position of the City having custody or control of any of the Revenues or of the proceeds of the Series 2024A Bonds shall be bonded by a responsible corporate surety in an amount not less than twice the annual debt service on the Series 2024A Bonds ($1,374,000). ARTICLE V MISCELLANEOUS Section 5.1 Confirmation of Sale of Series 2024A Bonds. The sale of the Series 2024A Bonds to the Drinking Water Board at a price of $[39,525,000], is hereby ratified, confirmed and approved. 104854-3464-3644, v. 3 Section 5.2 System of Registration. The Indenture shall constitute a system of registration within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of Title 15, Utah Code Annotated 1953, as amended. Section 5.3 Article and Section Headings. The headings or titles of the several articles and sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Twelfth Supplemental Indenture. Section 5.4 Partial Invalidity. In any one or more of the covenants or agreements, or portions thereof, provided in this Twelfth Supplemental Indenture to be performed shall be contrary to law (other than the provisions of the Indenture limiting the liability of the City to make payments on the Bonds solely from Revenues and other amounts pledged therefor by the Indenture), then such covenant or covenants, such agreement or agreements, or such portions thereof, shall be null and void and shall be deemed separable from the remaining covenants and agreements or portions thereof and shall in no way affect the validity of this Twelfth Supplemental Indenture or of the Series 2024A Bonds; but the Holders of the Series 2024A Bonds and any other Security Instrument Issuer and any Reserve Instrument Issuer shall retain all the rights and benefits accorded to them under the Act or any other applicable provisions of law. Section 5.5 Counterparts. This Twelfth Supplemental Indenture may be executed in multiple counterparts, each of which shall be regarded for all purposes as an original; and such counterparts shall constitute but one and the same instrument. Section 5.6 Electronic Signatures Pursuant to the Uniform Electronic Transactions Act, Title 46, Chapter 4 of the Utah Code Annotated 1953, as amended, all parties, including the Trustee, have agreed and consented to the use of electronic signatures in connection with all documents executed in connection with the Series 2024A Bonds, including this Twelfth Supplemental Indenture. Section 5.7 Effective Date. This Twelfth Supplemental Indenture shall take effect immediately. Section 5.8 Confirmation of Master Indenture. As supplemented and amended by this Twelfth Supplemental Indenture, and except as provided herein, the Master Indenture is in all respects ratified and confirmed, and the Master Indenture and this Twelfth Supplemental Indenture shall be read, taken and construed as one and the same instrument so that all of the rights, remedies, terms, conditions, covenants and agreements of the Master Indenture shall apply and remain in full force and effect with respect to this Twelfth Supplemental Indenture and to any revenues, receipts and moneys to be derived therefrom. Section 5.9 Representation Regarding Ethical Standards for City Officers and Employees and Former City Officers and Employees. The Trustee represents that it has not: (a) 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; (b) 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 114854-3464-3644, v. 3 securing business; (c) 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 (d) 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. TWELFTH SUPPLEMENTAL INDENTURE IN WITNESS WHEREOF, the City has caused this Twelfth Supplemental Indenture to be executed by the Mayor (or her designee) and countersigned by the City Recorder, and its official seal to be hereunto affixed and attested by the City Recorder, and to evidence its acceptance of the trusts hereby created, U.S. Bank Trust Company, National Association has caused this Twelfth Supplemental Indenture to be executed, all as of the date hereof. SALT LAKE CITY, UTAH COUNTERSIGN AND ATTEST: By: Mayor By: City Recorder (SEAL) APPROVED AS TO FORM: By: City Attorney U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By: Trust Officer S-1 A-1-14854-3464-3644, v. 3 EXHIBIT A-1 (FORM OF STATE BOND) Registered Registered UNITED STATES OF AMERICA SALT LAKE CITY, UTAH PUBLIC UTILITIES REVENUE BONDS SERIES 2024A Number R - 1 $39,525,000 Hardship Grant Assessment Rate Maturity Date Dated Date 1.5%February 1, 2064 [August 29], 2024 Registered Owner: STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY, DRINKING WATER BOARD Principal Amount: THIRTY-NINE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS************************** Salt Lake City, Utah (the “City”), a duly organized and existing municipal corporation and political subdivision of the State of Utah, located in Salt Lake County, Utah, acknowledges itself indebted and for value received hereby promises to pay, in the manner and from the source hereinafter provided, to the registered owner identified above, or registered assigns, out of the special fund hereinbelow designated and not otherwise, the Repayable Principal Amount and Debt Forgiveness Amount, set forth in the “Certificate of Dates of Payment and Amount” attached hereto (the “Certificate”), but in no event more than a maximum principal amount of $39,525,000, with $19,350,000 in principal forgiveness for a net repayable amount of $20,175,000. [Accordingly, approximately percent ( %) of each incremental advance pursuant to Section of the Supplemental Indenture shall be forgiven and shall be recorded under the “Debt Forgiveness Amount” column on the Certificate of Dates of Payment and Amount on the Certificate. The remaining approximately percent ( %) of each increment advance shall be recorded under the “Repayable Principal Amount” column on the Certificate of Dates of Payment and Amount and shall constitute the total principal repayment obligation of the City with respect to the Series 2024A Bonds.] The outstanding principal amount of the Series 2024A Bonds shall bear a Hardship Grant Assessment [accruing from the Issue Date] at the rate of 1.5% per annum payable beginning February 1, 2025 and thereafter on each on February 1, until the Series 2024A Bonds are paid in full. This Bond, as to principal when due, will be payable at the principal corporate trust operations office of U.S. Bank Trust Company, National Association, in St. Paul, Minnesota, as paying agent of the City, or its successor as such paying agent; provided, however, that as long as the State of Utah Department of Environmental Quality Drinking Water Board (the “Drinking A-1-24854-3464-3644, v. 3 Water Board”) is the registered holder of this Bond, installment payments of principal and the Hardship Grant Assessment shall be made without presentation of the Bond by check or draft mailed to the Drinking Water Board as the Registered Owner at the address shown on the registration books maintained by the Registrar. The Hardship Grant Assessment on this Bond shall be payable by check or draft mailed to the Registered Owner hereof at its address as it appears on the registration books of the Paying Agent, who shall also act as the Registrar for the City, or at such other address as is furnished to the Paying Agent in writing by such Registered Owner. The Hardship Grant Assessment hereon shall be deemed to be paid by the Paying Agent when mailed. Both Principal and the Hardship Grant Assessment shall be payable in lawful money of the United States of America. Principal shall be payable in registered installments on February 1 of each of the years as set forth in the following repayment schedule: Maturity Date (February 1) Principal Amount Maturity Date (February 1) Principal Amount 2030 $443,000 2048 $578,000 2031 449,000 2049 587,000 2032 456,000 2050 596,000 2033 463,000 2051 605,000 2034 470,000 2052 614,000 2035 477,000 2053 623,000 2036 484,000 2054 633,000 2037 491,000 2055 642,000 2038 498,000 2056 652,000 2039 506,000 2057 661,000 2040 514,000 2058 671,000 2041 521,000 2059 681,000 2042 529,000 2060 692,000 2043 537,000 2061 702,000 2044 545,000 2062 713,000 2045 553,000 2063 723,000 2046 562,000 2064 734,000 2047 570,000 If less than $20,175,000 is advanced on the Series 2024A Bonds, the repayment period shall be shortened and the number of annual principal installments shall be reduced in inverse order of payment (and the amount of the final remaining principal payment shall be reduced, if required) to correspond to the maximum principal amount of the Series 2024A Bonds. Payments of principal and the Hardship Grant Assessment on the Series 2024A Bonds which are delinquent from the due date thereof shall draw interest at the rate of [eighteen percent (18%)] per annum on the delinquent payment from said due date until paid in full. This Bond is a special obligation of the City and is one of the public utilities revenue bonds of the City (the “Bonds”) issued under and by virtue of the Act and under and pursuant to a Master Trust Indenture, dated as of January 1, 2004, and heretofore amended and supplemented (the “Master Indenture”), between the City and U.S. Bank Trust Company, National Association, as trustee (said trustee and any successor thereto under the Master Indenture being herein referred to A-1-34854-3464-3644, v. 3 as the “Trustee”), as further amended and supplemented by a Twelfth Supplemental Trust Indenture, dated as of [August] 1, 2024 (the “Twelfth Supplemental Indenture”), between the City and the Trustee (such Master Indenture, as amended and supplemented by the Twelfth Supplemental Indenture and as hereafter amended and supplemented, being herein referred to as the “Indenture”), for the purposes of (a) paying all or a portion of the costs of construction of improvements to its water system, including, but not limited to lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements and related improvements and (b) paying of all expenses incident thereto and to the issuance of the Series 2024A Bonds. This Bond is issued on a parity with the Outstanding Parity Bonds (as defined in the Indenture), such that this Bond is secured by an equal lien pledge of the Net Revenues of the City’s System with said Outstanding Parity Bonds. The Bonds are special limited obligations of the City, payable solely from the Net Revenues, moneys, securities, and funds pledged therefor in the Indenture. Neither the credit nor the taxing power of the City, the State or any agency, instrumentality, or political subdivision thereof is pledged for the payment of the principal of, premium, if any, or interest on the Bonds. The Bonds are not general obligations of the City or the State or any agency, instrumentality, or political subdivision thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the City or the State or any agency, instrumentality, or political subdivision thereof to levy any form of taxation therefor or to make any appropriation for the payment of the Bonds. THE CITY IS OBLIGATED TO PAY PRINCIPAL, INTEREST, IF ANY, AND THE HARDSHIP GRANT ASSESSMENT ON THIS BOND SOLELY FROM THE REVENUES (AFTER PAYMENT OF OPERATION AND MAINTENANCE COSTS) AND OTHER FUNDS OF THE CITY PLEDGED THEREFOR UNDER THE TERMS OF THE INDENTURE (AS DEFINED BELOW). THIS BOND IS NOT A DEBT OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS OF INDEBTEDNESS OR PROVISIONS THEREFOR. PURSUANT TO THE INDENTURE, SUFFICIENT REVENUES HAVE BEEN PLEDGED AND WILL BE SET ASIDE INTO SPECIAL FUNDS BY THE CITY TO PROVIDE FOR THE PROMPT PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS BOND AND ALL BONDS OF THE SERIES OF WHICH IT IS A PART. This Bond is one of a Series of Bonds designated as “Public Utilities Revenue Bonds, Series 2024A” (the “Series 2024A Bonds”), limited to the aggregate principal amount of 39,525,000, dated as of the dated date identified above, and duly issued under and by virtue of the Act and under and pursuant to the Indenture and a Resolution of the City Council of the City adopted on [July 2], 2024. Copies of the Indenture are on file at the office of the City Recorder in Salt Lake City, Utah, and at the principal corporate trust office of the Trustee, in Salt Lake City, Utah, and reference to the Indenture and the Act is made for a description of the pledge and covenants securing the Series 2024A Bonds, the nature, manner and extent of enforcement of such pledge and covenants, the terms and conditions upon which the Series 2024A Bonds are issued and additional Bonds may be issued thereunder, and a statement of the rights, duties, immunities and obligations of the City and of the Trustee. Such pledge and other obligations of the City under the Indenture may be discharged at or prior to the maturity or redemption of the Series 2024A A-1-44854-3464-3644, v. 3 Bonds upon the making of provision for the payment thereof on the terms and conditions set forth in the Indenture. Pursuant to the Indenture, the definition of the System is subject to including additional systems of the City by Supplemental Indenture, without the consent of the holders of Outstanding Bonds. This Bond and the issue of Bonds of which it is a part are issued in conformity with and after full compliance with the Constitution of the State of Utah and pursuant to the provisions of the Local Government Bonding Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as amended (the “Act”), and all other laws applicable thereto. As provided in the Indenture, Bonds may be issued from time to time in one or more series in various principal amounts, may mature at different times, may bear interest at different rates, and may otherwise vary as provided in the Indenture, and the aggregate principal amount of Bonds which may be issued is not limited. All Bonds issued and to be issued under the Indenture are and will be equally and ratably secured by the pledge and covenants made therein, except as otherwise expressly provided or permitted in or pursuant to the Indenture. To the extent and in the respects permitted by the Indenture, the Indenture may be modified, supplemented or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Indenture. The holder or owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the pledge or covenants made therein or to take any action with respect to an event of default under the Indenture or to institute, appear in, or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. This Bond is transferable, as provided in the Indenture, only upon the books of the City kept for that purpose at the principal corporate trust office of the Trustee, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Trustee, duly executed by the registered owner or such duly authorized attorney, and thereupon the City shall issue in the name of the transferee a new registered Bond or Bonds of the same aggregate principal amount and series, designation, maturity and interest rate as the surrendered Bond, all as provided in the Indenture and upon the payment of the charges therein prescribed. The City and the Trustee may treat and consider the person in whose name this Bond is registered as the holder and absolute owner hereof for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and for all other purposes whatsoever. This Bond is subject to prepayment and redemption at any time, in whole or in part (if in part, in integral multiples of $1,000), at the election of the City in inverse order of the due date of the principal installments hereof and if less than all Bonds of a particular due date are to be redeemed, in such manner as the Trustee shall deem fair and appropriate, upon notice given as set forth in the Indenture, at a redemption price equal to the principal amount to be so prepaid. The Series 2024A Bonds are issuable solely in the form of fully registered Bonds, without coupons, in the denomination of $1,000, or any integral multiple of $1,000. A-1-54854-3464-3644, v. 3 Except as otherwise provided herein and unless the context clearly indicates otherwise, words and phrases used herein shall have the same meanings as such words and phrases in the Indenture. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Utah or by the Act, or the Indenture to exist, to have happened or to have been performed precedent to or in the issuance of this Bond exist, have happened and have been performed and that the issue of Bonds, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution and statutes. This Bond shall not be valid until the Certificate of Authentication hereon shall have been signed by the Trustee. IN WITNESS WHEREOF, SALT LAKE CITY, UTAH, has caused this Bond to be signed in its name and on its behalf by the signature of its Mayor (or her designee), and its corporate seal to be impressed or imprinted hereon, and attested and countersigned by the signature of its City Recorder (the signatures of said Mayor and City Recorder being by facsimile or manual signature), all as of the dated date specified above. SALT LAKE CITY, UTAH (SEAL) ATTEST AND COUNTERSIGN: By Mayor By City Recorder APPROVED AS TO FORM: By City Attorney A-1-64854-3464-3644, v. 3 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Indenture and is one of the Public Utilities Revenue Bonds, Series 2024A of Salt Lake City, Utah. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By: (Manual Signature) Authorized Officer Date of Authentication: [August ], 2024. A-1-74854-3464-3644, v. 3 REGISTRATION CERTIFICATE (No writing to be placed herein except by the Bond Registrar) Date of Registration Name of Registered Owner Signature of Bond Registrar State of Utah Department of Environmental Quality, Drinking Water Board A-1-84854-3464-3644, v. 3 CERTIFICATE OF DATES OF PAYMENT AND AMOUNT The undersigned authorized representative of the State of Utah Department of Environmental Quality, Drinking Water Board (the “Board”), hereby certifies that the Board has received written authorization from the [Finance Director of the Department of Public Utilities] of the City to stamp or write the amount or amounts indicated below on the date or dates set forth opposite such amount(s); that the amount last inserted under the column “Total Principal Sum” is the total amount received by the City for the issuance of this Bond, and that the undersigned has placed his/her signature in the space provided opposite such amount(s) to evidence the same. A copy of this certificate shall be forwarded to the Trustee (U.S. Bank Trust Company, National Association) pursuant to the requirement in [Section 2.3] of the Twelfth Supplemental Indenture dated as of [August] 1, 2024. Amount of Payment Date of Payment [Debt Forgiveness Amount] Repayable Principal Amount Total Principal Sum Board Representative Signature $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ $ $$$ A-2-1 EXHIBIT A-2 (FORM OF EXCHANGE BOND) Registered Registered UNITED STATES OF AMERICA SALT LAKE CITY, UTAH PUBLIC UTILITIES REVENUE BONDS SERIES 2024A Number R - $ Hardship Grant Assessment Rate Maturity Date Issue Date %February 1, 20 , 20 Registered Owner: Principal Amount: AND NO/100 DOLLARS Salt Lake City, Utah (the “City”), a duly organized and existing municipal corporation and political subdivision of the State of Utah, located in Salt Lake County, Utah, acknowledges itself indebted and for value received hereby promises to pay, but solely in the manner and from the revenues and sources hereinafter provided, to the Registered Owner identified above or its registered assigns, on the Maturity Date specified above, upon presentation and surrender hereof, the Principal Amount identified above. The Hardship Grant Assessment on the Principal Amount shall be payable by check or draft mailed by U.S. Bank Trust Company, National Association (the “Paying Agent”) to the Registered Owner hereof on each February 1. Principal and redemption price of this Bond shall be payable upon presentation of this Bond to the Paying Agent, for payment at maturity. If any installment payment of Bond principal and the Hardship Grant Assessment is not paid when due and payable, the City shall pay the Hardship Grant Assessment at the rate of [eighteen percent (18%)] per annum on the delinquent installment from said due date until paid. All payments shall be made in any coin or currency which on the date of payment is legal tender for the payment of debts due the United States of America. This Bond is one of an authorized issue of bonds of like date, term and effect except as to maturity, in the aggregate principal amount of Dollars ($ ), issued in exchange for the conversion of the City’s $39,525,000 Public Utilities Revenue Bonds, Series 2024A, issued under and by virtue of the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated, 1953, as amended (the “Act”), and under and pursuant to a Master Trust Indenture, dated as of January 1, 2004, and heretofore amended and supplemented (the “Master Indenture”), between the City and U.S. Bank Trust Company, National Association, as trustee (said trustee and any successor thereto under the Master Indenture being herein referred to as the “Trustee”), as further amended and supplemented by a Twelfth Supplemental Trust Indenture, dated as of [August] 1, 2024 (the “Twelfth Supplemental Indenture”), between the City and the Trustee (such Master Indenture, as amended and supplemented by the Twelfth Supplemental Indenture and as hereafter amended and A-1-24854-3464-3644, v. 3 supplemented, being herein referred to as the “Indenture”), for the purposes of (a) paying all or a portion of the costs of construction of improvements to its water system, including, but not limited to the [planning and construction of lead service line inventory and replacements as well as potential replacement of aging water mains to facilitate service line replacements] and related improvements and (b) paying of all expenses incident thereto and to the issuance of the Series 2024A Bonds. This Bond is a special, limited obligation of the City payable solely from the Net Revenues (as defined in the Indenture) of the System and does not constitute an indebtedness of the City within the meaning of any state constitutional or statutory limitation. In no event shall this Bond be deemed or construed to be a general obligation indebtedness of the City or payable from any funds of the City other than the Revenues of the System. As provided in the Indenture, bonds, notes and other obligations may be issued from time to time in one or more series in various principal amounts, may mature at different times, may bear Hardship Grant Assessments or interest at different rates and may otherwise vary as provided in the Indenture, and the aggregate principal amount of such bonds, notes and other obligations which may be issued is not limited. This Bond and all other bonds, notes and other obligations issued and to be issued under the Indenture on a parity with this Bond are and will be equally and ratably secured by the pledge and covenants made therein, except as otherwise expressly provided or permitted in or pursuant to the Indenture. The issuance of this Bond shall not, directly, indirectly or contingently, obligate the City or any agency, instrumentality or political subdivision thereof to levy any form of taxation therefor or to make any appropriation for its payment. The Bonds are subject to redemption prior to maturity at any time, in whole or in part (if in part, in integral multiples of $1,000), at the election of the City in inverse order of maturity (if less than all of the Bonds maturing on any single date are called for redemption, the Trustee shall select the Bonds to be redeemed, from the Outstanding Bonds maturing on that date not previously called for redemption, in such manner as in the Trustee’s sole discretion it shall deem appropriate and fair) upon not less than thirty (30) days’ nor more than forty-five (45) days’ prior notice, at a redemption price equal to 100% of the principal amount of each Bond to be redeemed. Notice of redemption shall be mailed by the City, postage prepaid, to the registered owners of said Bonds addressed to such owners at their address appearing on the registration books maintained by the City. Subject to the provisions of the Indenture, the Series 2024A Bonds are issuable in fully registered form, without coupons, in denomination equal to the principal amount of the bonds or, upon exchange, in the denomination of $1,000 or any integral multiple thereof. The City covenants and agrees that it will fix rates for service to customers of the System sufficient to pay this Bond when due, and principal and the Hardship Grant Assessments on all bonds and Bonds issued on a priority to or parity with this Bond, if any, as the same fall due, provided such rates must be reasonable rates for the type, kind and character of the service rendered, and will collect and account for the Revenues (as defined in the Indenture) to be received for such service, and will set aside one hundred percent (100%) of the Net Revenues of the System A-1-34854-3464-3644, v. 3 (as defined in the Indenture) to pay this Bond according to the payment terms hereinabove set forth and the principal and Hardship Grant Assessments on all bonds and notes issued on a parity with this Bond, if any. To the extent and in the respects permitted by the Indenture, the Indenture may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Indenture. The Registered Owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the pledge or covenants made therein or to take any action with respect to an event of default under the Indenture or to institute, appear in, or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the office of the Trustee (the “Registrar”) but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture and upon surrender and cancellation of this Bond. Upon such transfer a new registered Bond or Bonds of the same series and the same maturity and of authorized denomination or denominations for the same aggregate principal amount will be issued to the transferee in exchange therefor. It is hereby certified, recited and declared that all conditions, acts and things essential to the validity of this Bond and the issue of which it forms a part do exist, have happened and have been done, and that every requirement of law affecting the issue hereof has been duly complied with; that this Bond and the issue of which it forms a part does not exceed any limitation prescribed by the Constitution and laws of the State of Utah; that one hundred percent (100%) of the Net Revenues to be derived from the operation of the System, including any future improvements, additions and extensions thereto, have been pledged and will be set aside into said special fund by the City to be used for the payment of this Bond and the issue of which it forms a part, and all bonds and notes issued on a parity with this Bond, if any, and that said Net Revenues of the System are not pledged, hypothecated or anticipated in any way other than by the issue of Series 2024A Bonds of which this Bond is one and all bonds and notes issued on a parity with this Bond, if any. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Indenture until the Certificate of Authentication on this Bond shall have been manually signed by the Trustee. SALT LAKE CITY, UTAH COUNTERSIGN AND ATTEST: By: Mayor By: City Recorder B-1 EXHIBIT B COST OF ISSUANCE DISBURSEMENT REQUEST U.S. Bank Trust Company, National Association 170 South Main, Suite 200 Salt Lake City, Utah 84101 Pursuant to Section 3.2 of the Twelfth Supplemental Indenture of Trust dated as of [August 1], 2024, you are hereby authorized to pay to the following costs of issuance from the Series 2024A Project Account: [See Attached Schedule] SALT LAKE CITY, UTAH Authorized Representative Form of Schedule COSTS OF ISSUANCE Payee Purpose Amount C-1 EXHIBIT C FORM OF REQUISITION Re: Salt Lake City, Utah Public Utilities Revenue Bonds, Series 2024A in the sum of $ U.S. Bank Trust Company, National Association 170 South Main, Suite 200 Salt Lake City, Utah 84101 You are hereby authorized to disburse from the Series 2024A Account of the Construction Fund with regard to the above-referenced bond issue the following: REQUISITION NUMBER: NAME AND ADDRESS OF PAYEE: AMOUNT: $ PURPOSE FOR WHICH EXPENSE HAS BEEN INCURRED: Each obligation, item of cost, or expense mentioned herein has been properly incurred, is a proper charge against the Series 2024A Account of the Construction Fund based upon audited, itemized claims substantiated in support thereof (evidence of such support not herein required by the Trustee), is justly due and owing and constitutes a Cost of a Project and has not been the basis for a previous withdrawal. The amount remaining in the Series 2024A Account of the Construction Fund after such disbursement is made, together with the amount of unencumbered Net Revenues, if any, which the City reasonably estimates will be deposited in the Series 2024A Account of the Construction Fund during the period of construction of the Project from the investment of moneys on deposit in the Series 2024A Account of the Construction Fund, will, together with any other moneys lawfully available or expected to be lawfully available for payment of the Cost of the Project and after payment of the amount requested in said requisition, be sufficient to pay the Cost of Completion for the Project in accordance with the plans and specifications therefor then in effect; it being understood that no moneys from the Series 2024A Account of the Construction Fund may be expended unless, after giving effect thereto, the funds remaining in the Series 2024A Account of the Construction Fund, together with such other funds and income and lawfully available moneys, are sufficient to pay the Cost of Completion for the Project. C-24854-3464-3644, v. 3 DATED: By: Its: STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER BOARD By: Its: Assistant Executive Secretary Salt Lake City PROPOSED BOND REPAYMENT SCHEDULE 51 % Loan & 49 % P.F. PRINCIPAL $20,175,000.00 ANTICIPATED CLOSING DATE February 1, 2024 HARDSHIP GRANT ASSESSMENT FEE 1.50%FIRST P&I PAYMENT DUE February 1, 2025 TERM 39 REVENUE BOND $20,175,000 NOMIN. PAYMENT $687,052.16 PRINC. FORGIVE.:$19,350,000.00 BEGINNING YEAR BALANCE DATE OF PAYMENT PAYMENT PRINCIPAL INTEREST ENDING BALANCE PAYM NO. =========== ==================== ================ ================ = ================== ================== ================= ===== 2025 $20,175,000.00 February 1, 2025 $302,625.00 *$0.00 $302,625.00 $20,175,000.00 0 2026 $20,175,000.00 February 1, 2026 $302,625.00 $0.00 $302,625.00 $20,175,000.00 1 2027 $20,175,000.00 February 1, 2027 $302,625.00 $0.00 $302,625.00 $20,175,000.00 2 2028 $20,175,000.00 February 1, 2028 $302,625.00 $0.00 $302,625.00 $20,175,000.00 3 2029 $20,175,000.00 February 1, 2029 $302,625.00 $0.00 $302,625.00 $20,175,000.00 4 2030 $20,175,000.00 February 1, 2030 $745,625.00 $443,000.00 $302,625.00 $19,732,000.00 5 2031 $19,732,000.00 February 1, 2031 $744,980.00 $449,000.00 $295,980.00 $19,283,000.00 6 2032 $19,283,000.00 February 1, 2032 $745,245.00 $456,000.00 $289,245.00 $18,827,000.00 7 2033 $18,827,000.00 February 1, 2033 $745,405.00 $463,000.00 $282,405.00 $18,364,000.00 8 2034 $18,364,000.00 February 1, 2034 $745,460.00 $470,000.00 $275,460.00 $17,894,000.00 9 2035 $17,894,000.00 February 1, 2035 $745,410.00 $477,000.00 $268,410.00 $17,417,000.00 10 2036 $17,417,000.00 February 1, 2036 $745,255.00 $484,000.00 $261,255.00 $16,933,000.00 11 2037 $16,933,000.00 February 1, 2037 $744,995.00 $491,000.00 $253,995.00 $16,442,000.00 12 2038 $16,442,000.00 February 1, 2038 $744,630.00 $498,000.00 $246,630.00 $15,944,000.00 13 2039 $15,944,000.00 February 1, 2039 $745,160.00 $506,000.00 $239,160.00 $15,438,000.00 14 2040 $15,438,000.00 February 1, 2040 $745,570.00 $514,000.00 $231,570.00 $14,924,000.00 15 2041 $14,924,000.00 February 1, 2041 $744,860.00 $521,000.00 $223,860.00 $14,403,000.00 16 2042 $14,403,000.00 February 1, 2042 $745,045.00 $529,000.00 $216,045.00 $13,874,000.00 17 2043 $13,874,000.00 February 1, 2043 $745,110.00 $537,000.00 $208,110.00 $13,337,000.00 18 2044 $13,337,000.00 February 1, 2044 $745,055.00 $545,000.00 $200,055.00 $12,792,000.00 19 2045 $12,792,000.00 February 1, 2045 $744,880.00 $553,000.00 $191,880.00 $12,239,000.00 20 2046 $12,239,000.00 February 1, 2046 $745,585.00 $562,000.00 $183,585.00 $11,677,000.00 21 2047 $11,677,000.00 February 1, 2047 $745,155.00 $570,000.00 $175,155.00 $11,107,000.00 22 2048 $11,107,000.00 February 1, 2048 $744,605.00 $578,000.00 $166,605.00 $10,529,000.00 23 2049 $10,529,000.00 February 1, 2049 $744,935.00 $587,000.00 $157,935.00 $9,942,000.00 24 2050 $9,942,000.00 February 1, 2050 $745,130.00 $596,000.00 $149,130.00 $9,346,000.00 25 2051 $9,346,000.00 February 1, 2051 $745,190.00 $605,000.00 $140,190.00 $8,741,000.00 26 2052 $8,741,000.00 February 1, 2052 $745,115.00 $614,000.00 $131,115.00 $8,127,000.00 27 2053 $8,127,000.00 February 1, 2053 $744,905.00 $623,000.00 $121,905.00 $7,504,000.00 28 2054 $7,504,000.00 February 1, 2054 $745,560.00 $633,000.00 $112,560.00 $6,871,000.00 29 2055 $6,871,000.00 February 1, 2055 $745,065.00 $642,000.00 $103,065.00 $6,229,000.00 30 2056 $6,229,000.00 February 1, 2056 $745,435.00 $652,000.00 $93,435.00 $5,577,000.00 31 2057 $5,577,000.00 February 1, 2057 $744,655.00 $661,000.00 $83,655.00 $4,916,000.00 32 2058 $4,916,000.00 February 1, 2058 $744,740.00 $671,000.00 $73,740.00 $4,245,000.00 33 2059 $4,245,000.00 February 1, 2059 $744,675.00 $681,000.00 $63,675.00 $3,564,000.00 34 2060 $3,564,000.00 February 1, 2060 $745,460.00 $692,000.00 $53,460.00 $2,872,000.00 35 2061 $2,872,000.00 February 1, 2061 $745,080.00 $702,000.00 $43,080.00 $2,170,000.00 36 2062 $2,170,000.00 February 1, 2062 $745,550.00 $713,000.00 $32,550.00 $1,457,000.00 37 2063 $1,457,000.00 February 1, 2063 $744,855.00 $723,000.00 $21,855.00 $734,000.00 38 2064 $734,000.00 February 1, 2064 $745,010.00 $734,000.00 $11,010.00 $0.00 39 *Interest Only Payment $27,592,515.00 $20,175,000.00 $7,417,515.00 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 9 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AUGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DRAFT Legend BC:Bond/ Disclosure Counsel - Gilmore & Bell, P.C. (Brad Patterson) CA:City Attorney: () CC:City Council - Salt Lake City CO:City Officials: (Mary Beth Thompson and Russ Sundquist) CR:City Recorder's Office: (Cindy Lou Trishman) CT:City Treasurer's Office: (Marina Scott) DDW Division of Drinking Water (Andrea Thurlow and Heather Pattee) DWB:Drinking Water Board (Michael J. Grange) DWBA:Drinking Water Board Attorney (William L. Prater, Esq.) MA:Municipal Advisor - Stifel, Nicolaus & Company, Inc. (John Crandall and Elizabeth Read) M:Mayor: (Erin Mendenhall) PU:Public Utilities Office: (Laura Briefer, Lisa Tarufelli and Teresa Gray) T:Trustee - US Bank (Laurel Bailey) *Preliminary; Subject to Change Calendar of Bonding Events $20,175,000* Salt Lake City, Utah Public Utilities Revenue Bonds, Series 2024 (Drinking Water Board SRF Loan) May 9, 2024 DATE EVENT STATUS PARTICIPANTS February 29 Drinking Water Board authorized construction loan.DWB May 13 Bond Counsel prepares and distributes initial drafts of the Indenture and Parameters Resolution.BC May 21 Council Transmittal Packets (including Form of Parameters Resolution and Notice of Public Hearing and Bonds To Be Issued as a Class A notice under Section 63G-30-102, Utah Code) due to Mayor's Office for June 11 briefing. PU, BC June 11 Regular City Council Meeting: Bond transaction briefing.CC, PU, MA Council Transmittal Packets due to Mayor's Office for July 2 adoption of Parameters Resolution (approving previously circulated documents).PU, BC June 19 Market Holiday: Juneteenth National Independence Day.- July 2 Regular City Council Meeting: Council adopts Bond Parameters Resolution and sets the date of August 13 for Public Hearing.CC, PU, MA July 3 City Recorder posts “Notice of Public Hearing and Bonds To Be Issued as a Class A notice under Section 63G-30-102, Utah Code” . (30-day contest period begins)BC, CR July 4 Holiday: Independence Day.- July 8 City mails out notices monthly billing notices per State requirements.PU August 2 End of 30-day contest period.- August 13 Regular City Council Meeting: Public Hearing on bond issue.CC, PU, MA August 20 Distribution of closing documents.BC August 28 City executes and delivers all documentation to Bond Counsel prior to closing.M, CC, PU August 29 Bond Closing. Delivery of the bond proceeds to the City.ALL SALT LAKE CITY CORPORATION SWORN STATEMENT SUPPORTING CLOSURE OF MEETING I, ____________ , acted as the presiding member of the _______________________________in which met on _________ Appropriate notice was given of the Council's meeting as required by §52-4-202. A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of the open meeting, to close a portion of the meeting to discuss the following: §52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of an individual; §52 -4-205(1 )(b) strategy sessions to discuss collective bargaining; §52-4-205(l )(c) strategy sessions to discuss pending or reasonably imminent litigation; §52-4-205( l )(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; §52-4-205(l )(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) if 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; §52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and §52-4-205(1)(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. Other, described as follows: ____________________________________________________________ The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the meeting was closed. With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the open meeting at which the closed meeting was approved: (a)the reason or reasons for holding the closed meeting; (b)the location where the closed meeting will be held; and (c)the vote of each member of the public body either for or against the motion to hold the closed meeting. The recording and any minutes of the closed meeting will include: (a)the date, time, and place of the meeting; (b)the names of members Present and Absent; and (c)the names of all others present except where such disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. Pursuant to §52-4-206(6),a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by tape recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by tape recording and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g): A record was not made. A record was made by: : Tape recording Detailed written minutes I hereby swear or affin11 under penalty of perjury that the above information is true and correct to the best of my knowledge. Presiding Member Date of Signature Salt Lake City CouncilVictoria Petro June 11, 2024 4 4 44 Victoria Petro җJun 1т, 2024 12ѷт2 Ҙ 0хҝ1тҝ2024 Closed Session - Sworn Statement June 11, 2024 Work Session Final Audit Report 2024-06-13 Created:2024-06-11 By:Michelle Barney (michelle.barney@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAACfWZkjK4fXZXmN9Ut-fLM0w7jp4WF1kV "Closed Session - Sworn Statement June 11, 2024 Work Sessio n" History Document created by Michelle Barney (michelle.barney@slcgov.com) 2024-06-11 - 11:07:49 PM GMT Document emailed to victoria.petro@slcgov.com for signature 2024-06-11 - 11:22:29 PM GMT Email viewed by victoria.petro@slcgov.com 2024-06-13 - 6:32:14 PM GMT Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro 2024-06-13 - 6:32:27 PM GMT Document e-signed by Victoria Petro (victoria.petro@slcgov.com) Signature Date: 2024-06-13 - 6:32:29 PM GMT - Time Source: server Agreement completed. 2024-06-13 - 6:32:29 PM GMT