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11/06/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, NOVEMBER 6, 2003 The City Council of Salt Lake City, Utah, met in a Work Session on Thursday, November 6, 2003, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler and Dale Lambert. Also in Attendance: Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Michael Sears, Council Budget and Policy Analyst; Gordon Hoskins, Controller; Steve Fawcett, Management Services Deputy Director; Susan Roberts, City Economist; Lehua Weaver, Council Constituent Liaison; Rocky Fluhart, Chief Administrative Officer; Kerri Nakamura, Utah League of Cities and Towns; Edwin Rutan, City Attorney; Russell Weeks, Council Policy Analyst; Ken Bullock, Utah League of Cities and Towns Executive Director; Roger Tew, Utah League of Cities and Towns; Mayor Janice Auger, Taylorsville City; Dave Nimkin, Mayor' s Chief of Staff; Doug Dansie, Downtown/Special Projects Planner; Joel Paterson, Special Projects Planner; LuAnn Clark, Housing and Neighborhood Development Director; Rosemary Kappas, Housing Authority; Brent Wilde, Deputy Director of Planning; and Beverly Jones, Deputy City Recorder. Councilmember Christensen presided at and conducted the meeting. The meeting was called to order at 5:32 p.m. AGENDA ITEMS #1. REPORT OF THE DEPUTY DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. Mr. Mumford said an Executive Session was not needed. He said someone would be taking video during the Utah League of Cities and Towns presentation to be used for Local Officials Day. #2. RECEIVE A BRIEFING FROM THE UTAH LEAGUE OF CITIES & TOWNS REGARDING REVENUE TRENDS. View Attachment Kerri Nakamura, Ken Bullock, Roger Tew and Janice Auger briefed the Council with the attached handouts and a computer presentation. Councilmember Saxton asked about Streamlined Sales Tax (SST) . Mr. Tew said the plan was for SST to go to Congress next year. He said SST would expand the sales tax base because every entity that sold through the internet or catalogs would be required to collect Utah sales tax. Councilmember Saxton asked if a formula existed which showed when property taxes needed to be increased to offset or keep up with growth increase. Ms. Nakamura said they were starting to center on core services. She said that meant property taxes would be at different levels in different communities. #3. RECEIVE A BRIEFING REGARDING A LOAN FROM THE SALT LAKE CITY HOUSING TRUST FUND FOR THE REFINANCING OF THE JEFFERSON CIRCLE SECTION 8 PRESERVATION PROJECT LOCATED AT 1750 SOUTH JEFFERSON CIRCLE. View Attachment LuAnn Clark and Michael Sears briefed the Council from the attached handouts. Councilmember Christensen asked if Housing and Urban Development (HUD) money came from the Housing Trust Fund. Ms. Clark said no. She said the City would be listed first on the loan but HUD money went to the Housing Authority. Councilmember Christensen asked if this loan would facilitate other Section 8 projects. Ms. Clark said the Housing Authority was first to go through the new and improved Section 8 reorganization. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, NOVEMBER 6, 2003 She said the experience could now be shared with other entities. Councilmember Saxton asked why the additional loan was needed. Ms. Clark said the Section 8 preservation contract was expiring so the Housing Authority had to refinance the project. All Council Members were in favor of moving this item forward. #4. RECEIVE A BRIEFING REGARDING A LOAN FROM THE SALT LAKE CITY HOUSING TRUST FUND FOR THE CONSTRUCTION OF THE JEFFERSON SCHOOL PHASE II APARTMENT PROJECT LOCATED AT 1031 SOUTH WEST TEMPLE. View Attachment LuAnn Clark, Rosemary Kappas and Michael Sears briefed the Council from the attached handout. Councilmember Christensen asked if the affordable housing component in Phase II was substantially larger than the first phase. Ms. Clark said when the first project was put together, the Housing Authority wanted affordable housing to be 60/40. She said to get debt coverage they had to increase the number of affordable units. She said when completed the project would be 50/50. Council Members were in favor of moving this item forward. #5. RECEIVE A BRIEFING REGARDING A-FRAME SIGNS AND PORTABLE SIGNS IN CERTAIN DISTRICTS. View Attachment Joel Paterson, Ed Rutan, Doug Dansie and Brent Wilde briefed the Council from the attached handout. Councilmember Christensen said the Planning Commission requested that the ordinance sunset in one year. He said he did not see a sunset clause in the proposed ordinance. Mr. Paterson said the Planning Commission asked staff to come back to them by November 15, 2004. He said the Commission agreed the City needed to come up with a more aesthetically coordinated method for signs. Councilmember Jergensen said he was concerned about portable signs being placed in front of homes and in residential areas in the Residential Mixed Use (RMU) and Mixed Use (MU) zones in the Capitol Hills area. Mr. Wilde said the large body of RMU extended from 200 East to 500 East between South Temple and north of 400 South. Councilmember Jergensen asked about enforcement of the ordinance. Mr. Wilde said enforcement would be by complaint. Councilmember Turner said the proposed ordinance allowed a 3-foot by 4-foot sign. He said it made it hard to place a sign when the sidewalk was 4-feet as well. He said signs would be clustered and block sidewalks. He said enforcement was a problem and the A-frame signs could be a detriment to his area. Mr. Wilde said that issue could be addressed by not allowing signs in neighborhood business zones and residential business zones. Councilmember Buhler asked if there was zoning that applied to areas with narrower sidewalks. He said taking signs out of the neighborhood business zone would remove them from 1700 East and 1300 South and other areas. Mr. Wilde said they would have to remove signs from the Commercial Neighborhood (CN) zones. Councilmember Buhler said he felt portable signs worked in those districts. Councilmember Saxton said she had some of the same concerns. She said width of the sidewalk along the 400 South corridor was minimal and did not work for even a pedestrian. She said there was not a strip between the sidewalk and the street. She said businesses on the main street did not have an issue with signs. She said it was businesses on the side streets because of the City' s traffic patterns. She said a few businesses had unusual or unique needs because their location required additional signage. She said the City should put the burden back on those businesses and allow some creative thinking to take place for signage. She said she did not want portable 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, NOVEMBER 6, 2003 signs in Salt Lake City. She said enforcement of signs should not be placed on the public. Councilmember Love said she liked the sandwich signs. She said they showed a city that was more vital and vibrant. She said she had not seen any sign abuse. She said if signs were not cost effective, businesses would not place signs. Councilmember Lambert said he felt the ordinance needed a sunset provision because unforeseen problems could arise. He said the City had allowed the signs for six months. He said he had not seen any abuse or problems caused by signs. Councilmember Buhler asked about the narrowness of a sidewalk. Mr. Paterson said if there was a 4- foot sidewalk and a narrow strip, a 3-foot wide sign could be placed. Councilmember Christensen said signs were starting to proliferate as neighboring businesses placed their signs. He said there were no standards on how the signs needed to look. He asked if there was intent to educate business owners on what was appropriate. Mr. Wilde said they could work with business organizations and through newsletters on what the City's expectations were. He said design standards could be built into the ordinance. Councilmember Christensen asked why the signs needed to be so large when businesses were trying to target pedestrians. Councilmember Love said by making the signs smaller, it could address some concerns the Council had. She said then the purpose of the signs would be for pedestrians and would not be a billboard for cars driving by. Councilmember Christensen asked if the City could limit signs to one per business. Mr. Rutan said it depended on what the Council was trying to regulate and what the policy reasoning was. He said if there was proliferation of signs on a block creating safety or access issues, then the City could act. He said if there was not a governmental interest in not allowing businesses more than one sign, signs could not be limited. Councilmember Love said the Council had initially considered the option of attended signs. She asked about businesses allowing other businesses to place a sign in front of their business. Mr. Rutan said as long as an arrangement had been made to have a sign attended, the sign could be placed two blocks away. Councilmember Lambert asked if the Council could sunset the ordinance if it was not working. Mr. Rutan said a sunset date of one year was an automatic termination. He said if the Council did not act, the sunset provision would take effect. He said if the Council wanted to act prior to the sunset date, they could change or amend the ordinance. Councilmember Christensen asked for a straw poll on a one year sunset clause and to reduce the size of signs from 4-feet in height and 3-feet in width to 3-feet in height and 2-feet in width. All Council Members were in favor of both changes. Councilmember Saxton asked that a motion be prepared that addressed attended signs. Councilmember Jergensen said he wanted to take another look at the 8:00 a.m. to 11:00 p.m. timeframe. Councilmember Christensen said Council staff would work with Mr. Wilde to draft motions. He said an attended sign would give businesses the responsibility of the signs. He asked that Planning staff provide some education material to businesses. #6. CONSIDER A MOTION TO ENTER INTO EXECUTIVE SESSION, IN KEEPING WITH UTAH CODE, TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE ANN. 52-4-4 AND 52-4-5 (1) (a) (iii) , AND ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE ANN. 78-24-8. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, NOVEMBER 6, 2003 No Executive Session was held. The meeting adjourned at 7 :47 p.m. bj 03 - 4 Res-008-2003 Sales Tax Headroom Whereas: the sales tax provides the vast majority of the State of Utah's general fund • resources and an increasing majority of the general fund resources for Utah's cities and towns; and Whereas: historically sales taxes have been used by state governments and cities and towns to pay for essential services provided to citizens throughout the state Whereas: the overall Utah sales tax rate is already relatively high and if adjusted for the sales on food the actual effective rate is among the highest in the United Sates; and Whereas: a number of public agencies are looking at the sales tax as a source of revenue and discussing various levels of additional local option sales tax as a funding source; and Whereas: there is serious concern among state and local governments, as well as various tax experts that Utah is approaching maximum rate levels an that there is very little"head-room"before additional sales tax rate increases; and Whereas: there is a need to have a serious discussion among Utah state and local policy makers regarding the sales tax rate"head-room"before additional • rate increases are imposed; Therefore Be It Resolved that we the members of the Utah League of Cities and Towns: Support a study and development of a policy prior to authorization of any additional general sales tax rate increases or additional local option sales tax authority. Be it further resolved that we the members of the Utah League of Cities and Towns: Support legislative efforts to broaden the sales tax base rather than use rate increases to obtain additional revenue and achieve equity in the imposition of the sales tax. Bountiful City City(s),Towns,and/or Affiliate Group submitting this resolution Tom Hardy Person preparing the form (801) 298-6140 Phone Number • UTAH LEAGUE OF CITIES AND TOWNS SURVEY SERVICES ONLY • Date: August 6— 11, 2001 Date: September 2—8, 2003 Universe: Statewide Universe: Statewide Sample size: 601 Sample size: 627 Tolerated error: ±4.0% Tolerated error: ±4.0% Hello, I'm calling from Dan Jones &Associates, a professional, independent research firm in Salt Lake City. We are conducting a public opinion survey in this area concerning some important issues. May I speak with someone in the home who is 18 years of age or older? May I ask you some questions? 1. First, do you live within an incorporated city or town or do you live in an area that is unincorporated? 2001 2003 79% 83% City/town 17% 14% Unincorporated 3% 3% Don't know (vol) 2. And, overall, how would you rate your city or town government? 2001 2003 (N=476) (N=518) 11% 14% Excellent 50% 52% Good . 28% 23% Fair 7% 9% Poor 4% 2% Don't know (vol) 2.33 2.27 Mean score 3. Overall, how would you rate your county government? 2001 2003 6% 6% Excellent 48% 54% Good 31% 29% Fair 6% 6% Poor 9% 5% Don't know (vol) 2.42 2.37 Mean score • DAN JONES &ASSOCIATES,INC. Page 1 , e 4. Overall, how would you rate Utah state government...would you say it is... 2001 2003 7% 9% Excellent • 59% 50% Good 26% 29% Fair 6% 10% Poor 2% 1% Don't know (vol) 2.32 2.42 Mean score 5. What are the THREE most important issues facing your neighborhood today? (First Response) 2001 2003 26% 19% Don't know 8% 8% Growth/population 14% 9% Crime 4% 4% Traffic 8% 11% Education 5% 8% Water issues 3% 4% Taxes 3% 3% Roads/streets 6% 3% Safety/security 1% 2% Drugs 1% 0% Open space4 1% <1% Electricity/power issues 1% 2% Planning/zoning 1% 3% Economy 1% <1% Legacy Highway 0% <1% Transportation 2% 2% Clean up yard/property deterioration 1% 4% Employment/jobs 1% 1% Sidewalks/curbs and gutters <1% <1% Police issues 1% 0% Recreation programs 1% <1% Parking issues 5% <1% Nothing/it is good 8% 5% Miscellaneous - 3% Development/over building/construction - 2% Government issues/politicians - 1% Improved services/cheaper services - 1% Miscellaneous housing issues - 1% Need better tax base/more economic development - 3% Miscellaneous social issues/parental rights - <1% Environmental issues III DAN JONES &ASSOCIATES,INC. Page 2 6. What are the THREE most important issues facing your neighborhood today? (Second Response) • 2001 2003 (N=601) (N=430) 47% 74% Don't know 5% 1% Growth/population 7% 2% Crime 3% 1% Traffic 7% 2% Education 6% 3% Water issues 3% 1% Taxes 3% 2% Roads 1% 1% Safety 3% 1% Drugs 1% <1% Open space 1% 0% Electricity/power issues 1% <1% Planning/zoning 1% <1% Economy <1% 0% Legacy Highway 1% <1% Transportation 1% 1% Clean up yard/property 1% 1% Employment/jobs • 1% <1% Sidewalks/curbs and gutters 1% <1% Police issues <1% 0% Recreation programs 0% 0% Parking issues 0% 1% Nothing/it is good 8% 5% Miscellaneous - 1% Development/over building/construction - 1% Government issues/politicians - 0% Improved services/cheaper services - <1% Miscellaneous housing issues - 0% Need better tax base/more economic development - 0% Miscellaneous social issues/parental rights - 1% Environmental issues IIII DAN JONES &ASSOCIATES,INC. Page 3 7. What are the THREE most important issues facing your neighborhood today? (Third Response) 2001 2003 • (N=601) (N=430) 70% 74% Don't know 3% 1% Growth/population 4% 2% Crime 3% 1% Traffic 2% 2% Education 2% 3% Water issues 2% 1% Taxes 3% 2% Roads 1% 1% Safety 1% 1% Drugs <1% <1% Open space 1% 0% Electricity/power issues 0% <1% Planning/zoning 1% <1% Economy <1% 0% Legacy Highway 1% <1% Transportation 1% 1% Clean up yard/property 0% 1% Employment/jobs <1% <1% Sidewalks/curbs and gutters • 1% <1% Police issues 1% 0% Recreation programs 0% 0% Parking issues <1% 1% Nothing/it is good 5% 5% Miscellaneous - 1% Development/over building/construction - 1% Government issues/politicians - 0% Improved services/cheaper services - <1% Miscellaneous housing issues - 0% Need better tax base/more economic development - 0% Miscellaneous social issues/parental rights - 1% Environmental issues • DAN JONES &ASSOCIATES, INC. Page 4 Please rate the following services you receive on the local level ... Don't Don't Mean Excellent Good Fair Poor receive know score • 8. Police 2001 29% 55% 10% 4% 1% 2% 1.90 2003 31% 47% 16% 4% 0% 2% 1.91 9. Parks 2001 26% 54% 12% 3% 1% 4% 1.95 2003 29% 45% 15% 6% 2% 2% 1.99 10. Water 2001 18% 60% 14% 6% 1% 1% 2.13 2003 21% 49% 19% 9% 1% 1% 2.16 11. Fire 2001 32% 56% 6% 1% 1% 6% 1.77 2003 34% 53% 6% 1% 1% 5% 1.72 12. Libraries 2001 29% 47% 10% 4% 4% 5% 2.02 2003 34% 40% 12% 5% 5% 4% 1.86 13. Road maint/const 2001 8% 38% 39% 14% <1% <1% 2.61 III 2003 8% 39% 35% 17% 0% 1% 2.62 14. Garbage collection 2001 21% 67% 9% 1% 1% 1% 1.93 2003 29% 60% 8% 2% 1% 1% 1.82 15. Sewer 2001 17% 67% 6% 1% 5% 3% 2.06 2003 22% 62% 6% 1% 5% 4% 1.85 16. Recreational programming 2001 16% 43% 19% 5% 4% 14% 2.28 2003 20% 40% 20% 7% 3% 9% 2.15 17. Planning/Zoning 2001 3% 40% 28% 13% 2% 14% 2.65 2003 5% 34% 35% 15% 1% 9% 2.68 18. Snow removal 2001 15% 53% 18% 6% 5% 3% 2.30 2003 15% 50% 21% 5% 5% 4% 2.17 • DAN JONES &ASSOCIATES,INC. Page 5 Don't Don't Mean Excellent Good Fair Poor receive know score 19. Cemeteries 2001 18% 54% 6% 1% 5% 16% 2.04 2003 21% 49% 7% 2% 7% 15% 1.88 Please tell me if, in your community, you have used any of the following services within the last 24 months... Yes No Don't know 20. Police 2001 31% 69% <1% 2003 34% 66% 0% 21. Parks 2001 80% 20% <1% 2003 76% 23% 1% 22. Planning/Zoning 2001 18% 82% <1% 2003 25% 73% 2% 23. Cemeteries 2001 32% 68% 1% 2003 23% 76% 0% 24. Recreational programs • 2001 50% 49% 1% 2003 50% 49% 1% 25. Fire 2001 7% 93% 0% 2003 14% 85% 0% 26. Libraries 2001 72% 28% 0% 2003 71% 28% 1% 27. Ambulance 2001 11% 88% 0% 2003 14% 86% 0% • DAN JONES&ASSOCIATES,INC. Page 6 28. If your city/town services had to be reduced or eliminated, which ONE service could be reduced or eliminated? 2001 2003 • 33% 27% Don't know 34% 24% None 17% 28% Parks/recreation 4% 4% Planning/zoning 2% 3% Police 2% 3% Cemeteries 1% <1% Road maintenance 1% 2% Library 1% <1% Ambulance 1% 1% City Council 1% 1% Garbage 1% <1% Fire Department <1% <1% Curbside pickup <1% <1% Snow removal <1% 0% Keep fluoride out of water 1% 0% Town beautification 2% 4% Miscellaneous - 1% City government employees/mayor • • DAN JONES &ASSOCIATES,INC. Page 7 How would you evaluate your community on efforts to accomplish the following... Don't Mean Excellent Good Fair Poor know score 29. Providing trails and bike paths • 2001 10% 34% 27% 17% 13% 2.58 2003 15% 33% 22% 23% 7% 2.56 30. Maintaining water quality 2001 15% 61% 17% 4% 3% 2.10 2003 22% 56% 15% 4% 3% 2.02 31. Reducing traffic congestion 2001 5% 36% 40% 17% 2% 2.69 2003 7% 32% 32% 24% 5% 2.76 32. Protecting property values 2001 6% 52% 27% 8% 7% 2.41 2003 9% 44% 31% 13% 4% 2.49 33. Keeping the right mix of housing and businesses in neighborhoods 2001 6% 58% 24% 8% 4% 2.36 2003 11% 45% 28% 12% 4% 2.43 34. How safe do you feel walking alone i in your neighborhood when it is dark? 2001 27% 47% 14% 10% 2% 2.07 2003 39% 39% 14% 7% 2% 1.88 There are some services that local government provides that some say can be provided by a private business. Of the services in the following list, please tell me who should provide the service. Local Private Don't Don't Government Business Need know 35. Golf courses 2001 10% 86% <1% 4% 2003 19% 70% 4% 8% 36. Ambulance 2001 74% 22% <1% 3% 2003 64% 30% 0% 6% 37. Street maintenance 2001 86% 12% 0% 2% 2003 85% 11% 0% 3% • DAN JONES &ASSOCIATES,INC. Page 8 • Local Private Don't Don't Government Business Need know 38. Swimming pools • 2001 38% 54% <1% 5% 2003 51% 42% 1% 6% 39. Recreation centers 2001 50% 41% 1% 7% 2003 63% 30% 1% 6% 40. Garbage collection 2001 63% 32% 0% 4% 2003 60% 37% 0% 3% 41. Youth recreational programs 2001 53% 34% 1% 10% 2003 69% 24% 0% 7% *42. Do you belong to a public recreation/fitness center? 16% Yes 84% No 0% Don't know (vol) *43. Do you belong to a private recreation/fitness center? • 22% Yes 78% No 0% Don't know (vol) 44. Do you have a home computer? 2001 2003 80% 86% Yes 20% 14% No 0% 0% Don't know (vol) 45. Do you have internet access either at home, school or work? 2001 2003 24% 29% Home only 1% 1% School only 6% 7% Work only 3% 3% Home and school 21% 22% Home and work 18% 21% All of the above 27% 17% None of the above • 1% 0% Don't know (vol) DAN JONES &ASSOCIATES,INC. Page 9 46. When new development occurs, water and sewer lines need to be installed as well as new roads and neighborhood parks. Should these improvements be paid for by... 2001 2003 5% 9% A property tax increase 64% 70% An impact fee on the new development 18% 12% Both property tax increase and impact fee on new development (vol) 1% 1% Don't allow new growth(vol) 12% 9% Don't know (vol) 47. If there is undeveloped land in your community should local leaders... 2001 2003 38% 44% Preserve open space 2% 3% Allow high density housing 13% 7% Maximize revenues by allowing whatever development will pay/collect the highest taxes 26% 32% Allow for single family housing 22% 14% Don't know (vol) 48. In order to attract new business and industry your city may have to build capital projects to improve the water, sewer, and roads and other vital services. Would you prefer to... 2001 2003 • 25% 19% Not have the new business/industry 55% 69% Build the improvements 3% 4% Neither(vol) 2% 1% Both (vol) 16% 7% Don't know (vol) Focusing on water rates... 49. Are the rates you pay for drinking water ... 2001 2003 16% 27% Too high 71% 62% About right 2% 4% Too low 11% 7% Don't know (vol) • DAN JONES &ASSOCIATES,INC. Page 10 50. Compared to drinking water rates around the country, are the rates you pay for water ... 2001 2003 • 7% 11% Higher 33% 21% About the same 15% 22% Lower 45% 45% Don't know (vol) Would you pay a higher water rate if you knew the revenue was going to be used for the following... Yes No Don't know 51. Promote water conservation 2001 45% 43% 12% 2003 52% 40% 8% 52. Improve the reliability of your water delivery system 2001 52% 40% 8% 2003 67% 27% 7% 53. Develop a new or additional water supply 2001 67% 22% 11% 2003 72% 21% 6% Now,just a few questions about yourself in order to categorize the data: • 54. Gender: 2001 2003 49% 50% Male 51% 50% Female 55. Age category: 2001 2003 13% 10% 18-25 18% 20% 26-35 21% 16% 36-45 16% 18% 46-55 12% 15% 56-65 20% 20% Over 65 <1% 1% Refuse (vol) • DAN JONES &ASSOCIATES,INC. Page 11 56. Religious preference: 2001 2003 5% 4% Catholic 6% 4% Protestant • 65% 69% LDS 9% 8% Other 10% 12% None 5% 4% Refuse (vol) 57. In politics today, do you usually think of yourself as a Republican, Democrat, an independent voter, or what? 2001 2003 44% 46% Republican 17% 16% Democrat 34% 30% Independent voter 3% 4% Other(SPECIFY) 3% 5% Refuse(VOL) 58. And, do you consider yourself politically as liberal or conservative? 2001 2003 15% 19% Very conservative 39% 41% Somewhat conservative 26% 15% Moderate 12% 13% Somewhat liberal . 5% 6% Very liberal 3% 4% Don't know (vol) 1% 2% Refuse (vol) 59. Annual family income category: 2001 2003 4% 7% Less than$15,000 9% 11% $15,000- $24,999 11% 10% $25,000- $34,999 12% 12% $35,000- $44,999 10% 12% $45,000- $54,999 9% 11% $55,000- $64,999 15% 17% $65,000 -$100,000 9% 9% Over$100,000 22% 13% Refuse(vol) III DAN JONES &ASSOCIATES,INC. Page 12 60. Do you own or rent your residence? 2001 2003 • 86% 86% Own (buying) 12% 12% Rent 1% 1% Other 1% 1% Refuse (VOL) 61. Length of residence in your community: 2001 2003 9% 11% Less than 2 years 16% 17% 2—5 years 17% 17% 5— 10 years 57% 54% More than 10 years 1% 1% Refuse(Vol) 62. Area of residence: 2001 2003 11% 11% Davis County 39% 39% Salt Lake County 17% 17% Utah County 9% 9% Weber County 23% 24% Other Counties (specify) <1% 0% Refuse(vol) THANK YOU. • DAN JONES &ASSOCIATES,INC. Page 13 UTAH LEAGUE OF CITIES AND TOWNS SURVEY TAXES ONLY • Date: August 9-20, 2001 Date: August 21, 2003—September 6, 2003 Universe: Statewide Universe: Statewide Sample size: 624 Sample size: 603 Tolerated error: ±4.0% Tolerated error: ±4.0% Hello, I'm calling from Dan Jones&Associates, a professional,independent research firm in Salt Lake City. We are conducting a public opinion survey in this area concerning some important issues.May I speak with someone in the home who is 18 years of age or older? May I ask you some questions? 1. Do you live within an incorporated city or town or do you live in an area that is unincorporated? 2001 2003 82% 88% City/town 16% 10% Unincorporated 2% 2% Don't know (vol) 2. And, overall, how would you rate your city or town government? 2001 2003 (N=523) (N=571) • 13% 12% Excellent 49% 49% Good 28% 26% Fair 8% 8% Poor 2% 5% Don't know (vol) 2.32 2.32 Mean score 3. Overall,how would you rate your county government? 2001 2003 4% 3% Excellent 51% 49% Good 32% 30% Fair 10% 7% Poor 4% 10% Don't know (vol) 2.49 2.46 Mean Score • DAN JONES&ASSOCIATES,INC. Page 1 4. Overall,how would you rate Utah state government...would you say it is... 2001 2003 7% 8% Excellent • 52% 49% Good 31% 29% Fair 9% 10% Poor 1% 4% Don't know (vol) 2.43 2.42 Mean Score Please tell me how well each of the following are doing in managing your tax dollars. Don't Mean Excellent Good Fair Poor know score 5. Federal Congress 2001 1% 26% 46% 25% 2% 2.97 2003 1% 22% 42% 29% 6% 3.05 6. State Legislature 2001 1% 32% 46% 20% 2% 2.85 2003 1% 30% 43% 19% 7% 2.86 7. Your County Commission/Council 2001 3% 34% 42% 16% 6% 2.76 • 2003 2% 33% 36% 12% 16% 2.71 8. Your Municipal Council 2001 5% 36% 34% 13% 12% 2.63 2003 3% 39% 30% 10% 18% 2.56 9. Your School Board 2001 7% 37% 29% 16% 10% 2.62 2003 5% 33% 26% 18% 18% 2.70 DAN JONES&ASSOCIATES,INC. Page 2 • 10—51. I am going to read a list of taxes. Please tell me which level of government receive any tax revenue. These levels of government include Federal, state, county, city/town, school district or special service districts. (MARK ALL THAT APPLY) (PERCENT MENTIONED) City/ School Special Don't Federal State County Town District Service District Know Income taxes 2001 76% 56% 16% 14% 17% 12% 15% 2003 73% 51% 6% 5% 7% 3% 23% Sales tax 2001 11% 75% 24% 31% 11% 6% 11% 2003 4% 70% 22% 23% 4% 2% 21% Property tax 2001 6% 41% 50% 33% 31% 7% 8% 2003 3% 29% 53% 28% 25% 4% 21% Gas tax 2001 43% 70% 10% 9% 3% 3% 12% 2003 24% 50% 15% 17% 2% 2% 29% Local tax on telephone 2001 14% 41% 16% 30% 2% 3% 23% 2003 8% 26% 13% 30% 3% 3% 39% • Energy sales tax 2001 24% 47% 10% 14% 2% 3% 29% 2003 16% 31% 12% 16% 2% 4% 42% 52. Of the following taxes, which would you object to the most if it were raised? (PLEASE ROTATE) 2001 2003 29% 26% Property 26% 25% Income 11% 11% Sales 11% 13% " Gas 20% 22% All (vol) 1% 2% None (vol) 1% 1% Don't know (vol) • DAN JONES&ASSOCIATES,INC. Page 3 53. Which tax would you object to the least? . (PLEASE ROTATE) 2001 2003 • 23% 22% Property 9% 11% Income 33% 27% Sales 23% 21% Gas 2% 3% All(vol) 7% 13% None (vol) 4% 3% Don't know (vol) Would you support an increase in your city taxes if the revenue from taxation was tied to a specific service increase or enhancement in... (PLEASE ROTATE) Probably Definitely Don't Mean Definitely Probably Not Not Know Score 54. Public safety 2001 35% 45% 10% 9% 1% 1.94 2003 18% 42% 21% 14% 4% 2.33 55. Road maintenance or transportation 2001 27% 43% 15% 13% 1% 2.15 2003 15% 33% 29% 19% 4% 2.54 0 56. Parks/open space 2001 26% 42% 16% 14% 2% 2.18 2003 15% 32% 30% 18% 5% 2.53 57. Recreation centers/ programming 2001 20% 45% 18% 16% 2% 2.29 2003 16% 30% 29% 21% 5% 2.57 58. Skate board park 2001 11% 23% 28% 36% 1% 2.90 2003 8% 20% 34% 35% 4% 2.99 59. Pedestrian &bike trails 2001 21% 41% 19% 17% 2% 2.33 2003 19% 31% 27% 19% 4% 2.48 • DAN JONES&ASSOCIATES,INC. Page 4 60. Currently Utah's cities and towns have the ability to impose a 6%tax on natural gas and electricity. Do you support or oppose the city's ability to impose this type of tax? • 2001 2003 4% 7% Strongly support 17% 15% Somewhat support 23% 23% Somewhat oppose 52% 49% Strongly oppose 4% 7% Don't know (vol) 3.30 3.23 Mean score 61. Rather than a tax on electricity and natural gas,would you prefer to pay a higher property tax? 2001 2003 31% 30% Yes 65% 62% No 6% 8% Don't know (vol) 62. As you are aware, this past year the natural gas and electricity rates have risen. Because of this increase,the tax imposed on these utilities has also increased. When utility rates increase should the cities and towns be able to collect this additional tax revenue? 2001 2003 56% 60% Yes 38% 32% No • 6% 8% Don't know (vol) 63. What about when the utility rates go down—as they did during the 1980's and 1990's—should the cities be able to increase the tax rate to maintain municipal revenues? 2001 2003 31% 21% Yes 64% 69% No 5% 11% Don't know (vol) 64. Some people say that paying a property tax is preferable to paying the tax on natural gas and electricity because the property tax is deductible from the income tax. Others say that the energy tax is preferable because all of the property tax exempt properties have to pay this utility tax and thus the revenue collected is spread to more entities. With which statement do you agree? 2001 2003 43% 41% Pay property tax 48% 35% Pay energy sales tax 9% 24% Don't know (vol) • DAN JONES &ASSOCIATES,INC. Page 5 *65.Are you aware of the recent addition of tax on your cable service? 48% Yes 47% No • 5% Don't know(vol) 66. Do you support or oppose the removal of sales tax from food purchased in a grocery store? 2001 2003 60% 51% Strongly support 14% 18% Somewhat support 11% 13% Somewhat oppose 13% 13% Strongly oppose 3% 5% Don't know(vol) 1.75 1.89 Mean score 67. If the sales tax is removed from food,should your local community be allowed to raise the lost revenue from another source? 2001 2003 51% 52% Yes 45% 40% No 4% 7% Don't know(vol) 68. If another tax is to be increased to offset the revenue loss from removing the sales tax from food, should it be.. 2001 2003 16% 10% Property tax 4% 4% Tax on utilities 57% 44% Increase the sales tax on non-food items 5% 4% Other(vol) 12% 26% No tax should be increased(vol) 6% 11% Don't know(vol) 69. Should a sales tax be collected when goods are purchased over the internet or through catalogues? 2001 2003 - 54% 49% Yes 42% 44% No 4% 6% Don't know(vol) • DAN JONES&ASSOCIATES,INC. Page 6 70. Should a sales tax be imposed on lawyers, doctors, accountants and other services? 2001 2003 • 24% 18% Yes 72% 76% No 4% 5% Don't know (vol) 71. Would you be more or less inclined to impose a sales tax on these services if the overall sales tax rate on goods purchased was reduced by an equal amount? 2001 2003 51% 39% More inclined 41% 48% Less inclined 8% 13% Don't know (vol) *72.When comparing the sales taxes you pay in Utah to other states,would you say that your Utah sales taxes are... 40% Higher 36% Just about the same 7% Lower 17% Don't know (vol) *73. If another tax or fee is used for road maintenance, should it be... III 3% Property tax 8% State and local sales tax 28% Impact fee on new development 43% Vehicle registration fees 3% Other(vol) 8% No tax should be increased(vol) 7% Don't know (vol) 74. Based upon what you know or have heard, does the gas tax you pay fully cover the cost of local government road maintenance and construction? 2001 2003 9% 5% Definitely 19% 14% Probably 35% 32% Probably not 20% 20% Not at all 17% 28% Don't know (vol) 2.79 2.93 Mean score • DAN JONES&ASSOCIATES,INC. Page 7 75. In addition to the gas tax revenue, should local government use other tax revenues they collect for road maintenance and repair? 2001 2003 69% 47% Yes II 25% 37% No 6% 16% Don't know (vol) 76. What percentage of your local government road construction and maintenance budget should be funded by the tax on gasoline? 2001 2003 27% 26% 100% 30% 18% 75% 20% 16% 50% 10% 9% 25% 2% 1% 0% 11% 30% Don't know (vol) 77. You currently pay 24.5 cents tax per gallon of gasoline. Of this amount the state receives 75% and local governments receive 25%for their road construction and maintenance budget. Should the local government share of this revenue? 2001 2003 32% 33% Increase 57% 47% Stay about the same . 8% 3% Decrease 3% 17% Don't know (vol) 78. If the state legislature raises the gas tax, should local government continue to receive 25% of the increased tax for their needs, should they get a higher percentage, or should the state keep this amount for state road projects? 2001 2003 34% 41% Retain local government share 33% 32% Get higher percentage 27% 10% State keep all of the revenue 6% 17% Don't know (vol) 79. Would you support or oppose a local option gas tax to be used exclusively by your local government for local government roads? 2001 2003 12% 10% Strongly support 30% 27% Somewhat support 19% 17% Somewhat oppose 33% 32% Strongly oppose 6% 13% Don't know (vol) 2.79 2.82 Mean score • DAN JONES&ASSOCIATES,INC. Page 8 Shifting to the property tax... Of the total property taxes you pay what percent goes to each of the following? 0 Less Don't than 10% 10-24% 25%-49% 50%-74% 75%-100% Know 80. Schools 2001 10% 17% 18% 18% 8% 29% 2003 6% 10% 11% 12% 6% 55% 81. County 2001 7% 25% 22% 6% 1% 40% 2003 6% 19% 11% 1% 0% 63% 82. City/town 2001 14% 25% 15% 4% <1% 41% 2003 10% 16% 8% 1% 0% 64% 83. Special districts 2001 32% 15% 4% 1% 1% 47% 2003 14% 12% 4% 0% 1% 69% 84. When comparing the property taxes you pay in Utah to other states, would you say that your Utah property taxes are... 2001 2003 41% 28% Higher 25% 30% About the same • 18% 13% Lower 16% 30% Don't know (vol) 85. What percentage of your municipal services you receive is paid from by the property taxes you pay to your city/town? 2001 2003 2% 1% 100% 12% 8% 75% 24% 16% 50% 27% 16% 25% 1% 6% Renter(vol) 1% 1% None(vol) 32% 51% Don't know (vol) • DAN JONES&ASSOCIATES,INC. Page 9 86. When the property taxes are computed on your home, your home is given an assessed value—or what the county says your house is worth. Would you sell your home for the assessed value amount? 2001 2003 0 9% 10% Definitely 20% 18% Probably 27% 23% Probably not 38% 32% Not at all 1% 8% Renter(vol) 5% 9% Don't know (vol) A number of services can be provided by charging a fee for service rather than using tax revenue. Please tell me whether you approve or disapprove of your city/town having a fee for service on each of the following: Approve Disapprove Don't know 87. Water service 2001 71% 26% 3% 2003 63% 30% 6% 88. Fire alarm response 2001 61% 35% 4% 2003 48% 46% 6% 89. Cemeteries 2001 58% 39% 3% . 2003 47% 45% 8% 90. Ambulance 2001 67% 31% 2% 2003 56% 38% 5% 91. Neighborhood parks 2001 54% 43% 2% 2003 39% 55% 6% 92. Pedestrian/bike trails 2001 50% 47% 3% 2003 37% 56% 7% 93. Golf courses 2001 49% 49% 1% 2003 58% 36% 6% 94. Sewer service 2001 69% 28% 4% 2003 60% 35% 5% • DAN JONES &ASSOCIATES,INC. Page 10 Approve Disapprove Don't know 95. Fire service 2001 64% 34% 2% 2003 50% 44% 6% 96. Storm drainage 2001 58% 39% 3% 2003 49% 44% 7% 97. Libraries 2001 63% 35% 2% 2003 53% 40% 6% 98. Recreation programs 2001 70% 28% 2% 2003 66% 28% 7% 99. If a revenue increase is necessary at your municipal level, would you prefer to have your property taxes raised or have a fee for service implemented? 2001 2003 22% 17% Raise property tax 67% 64% Implement a fee for service 5% 8% Neither(vol) <1% 2% Both(vol) 5% 9% Don't know (vol) 100. On properties that are assessed at an equal amount, should the business owner and homeowner pay an equal amount or should one pay more taxes than the other? 2001 2003 45% 42% Business owner pay more 1% 2% Homeowner pay more 47% 47% Pay the same 7% 9% Don't know(vol) *101. When comparing the local income taxes you pay in Utah to other states, would you say that your local income taxes are... 28% Higher 34% About the same 7% Lower 32% Don't know(vol) • DAN TONES&ASSOCIATES,INC. Page 11 102. Would you support or oppose a local income tax if the revenue was used to reduce or eliminate the local property tax? 2001 2003 16% 13% Strongly support • 30% 28% Somewhat support 18% 16% Somewhat oppose 28% 22% Strongly oppose 9% 21% Don't know (vol) 2.63 2.61 Mean score Now,just a few questions about yourself in order to categorize the data: 103. Gender: 2001 2003 52% 47% Male 48% 53% Female 104. Age category: 2001 2003 9% 12% 18-25 21% 20% 26-35 21% 16% 36-45 18% 18% 46-55 14% 15% 56-65 17% 18% Over 65 1% 2% Refuse(vol) ill 105. Religious preference: 2001 2003 5% 4% Catholic 5% 2% Protestant 67% 64% LDS 9% 7% Other 11% 13% None 3% 11% Refuse(vol) 106. In politics today, do you usually think of yourself as a Republican, Democrat, an independent voter, or what? 2001 2003 43% 46% Republican 15% 13% Democrat 32% 32% Independent voter 7% 4% Other(SPECIFY) 3% 5% Refuse (VOL) • DAN JONES&ASSOCIATES,INC. Page 12 107. And, do you consider yourself politically as liberal or conservative? 2001 2003 • 20% 22% Very conservative 39% 35% Somewhat conservative 17% 17% Moderate 15% 9% Somewhat liberal 5% 7% Very liberal 2% 6% Don't know (vol) 2% 5% Refuse (vol) 108. Annual family income category: 2001 2003 6% 6% Less than$15,000 9% 6% $15,000-$24,999 13% 9% $25,000-$34,999 15% 10% $35,000-$44,999 13% 10% $45,000-$54,999 10% 11% $55,000- $64,999 20% 17% $65,000-$100,000 7% 5% Over$100,000 8% 25% Refuse (vol) 0 109. Do you own or rent your residence? 2001 2003 84% 82% Own (buying) 13% 15% Rent 2% 1% Other 1% 2% Refuse(VOL) 110. Length of residence in your community: 2001 2003 11% 11% Less than 2 years 18% 13% 2-5years 17% 19% 5- 10years 53% 55% More than 10 years 1% 2% Refuse(Vol) S DAN JONES&ASSOCIATES,INC. Page 13 111. Area of residence: 2001 2003 11% 10% Davis County • 41% 39% Salt Lake County 16% 16% Utah County 8% 10% Weber County 24% 23% Other Counties (specify) 0% 1% Refuse THANK YOU. • • DAN JONES&ASSOCIATES,INC. Page 14 n _,, _ .___, _ ,--ir- .,_ ___ ) C.__ , i -n * 0\_ , z -0 c > i 0 (-13< . Q (D 0 ---1 107 CD CD o cEJ 0 s:), D 0 ...o ,_, 0 0 0 o 5- no * m 0-- � cn CD m K < QQ (D 0 K ); < � C Z Zc o 0 o m 0 U) cn 1-0 (II O1-0 1-01-ci (19 i..i ow� � n ct 0 I' s,) ct rr � k(1) < 1-1 (Do 6 Years Ago . . . ULCT Staff and many local officials believed that the municipal tax base was shifting dependence away from property tax and toward sales tax The ULCT Board of Directors began funding7 program to gather municipal fiscal data to validate our "gut feel" As a result . . . Our first chart was born Cumulative Communities' Revenue History r S �e5 oc r C� Pr(°t icipal Franchise LiCO Inciu es fines, portion sets'i.e charges, impa,t fees, grant ,and / m'sc• laneous 1999 2 „,,,,r,/,.e.,-- 0" 1968 I 0% 20% 40% 60% 80% 100% ............... 0 E H 51-- o- u) —1 o 0) m- ,... a) c m-. 3 = _.) 0 CO . O CO O CO CD 3 ‘ in-: W3 CD r E.-4: _ m -v a54- �' C) 5• n CDC C - � C.0 c cii. 6 = -0 X 2) CD-is " 5- a) c CD _. N--1- -0 n-+ _• 0) 3 p„ 6, o 3 o 5 0 .. . CD CT m c � 0CD c 0 o a `< <— 1— `< CD = < -0 n (I) 0 -0 r-t- CD CD o -• .1 pj D- O (D CD CD CD CD 3 CD co CD 3 E. (7)- a D --% e-1- 3 = -IN -. O CD 0 CD 0 r-1- s �- 73 o ..„ CD CO r--F , • • rn CD 73 PO Q -pp . 6 ;;"t 6 0 " o co > Cr) -' N C 0 Q Pa 11 O &I Q. 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CD X Cn nimmIL rrt r O X N CD m X Ca aX c tD a N m 0 0 cri 0 � w(D x —1 a x c"n N v O 1— O N m rn c X u) 0 c,„ co o`G CD NJ 0 cn W ° o m (0 f to CD N 73 (n W N v J f o - (�\ D -� }L >'<) rf 0 OD 3 r X O \_ 0 r^ N V, CCI X (i) CD 7 rn o•c H o � 0 0l X cu _. a) � -0 3 co : a) 5 cp m ' 0_ D.- 0 5. c13 * c-0 CD .+ C C CD 5 � —' - po C) T —*' m _ —' CD A� 0_ CD W rn 0_ n C73 Cn Q CO 0 cp'C 0 Cp CD o o Q M• , CD -« o O o (-5- w 2) 0- 2001 What Are Our Capital Improvement Needs? (Without SL Intl Airport) Total 5-Year Need=$1.3 Billion Economic Development 3% Other Water Supply Public Housing Projects Parks and Recreation ' 2% ° 0.4% 16% _ 18/° Sanitary Sewerage 8% Cultural and Civic Facilities 4111111 3% (00 Other Government Buildings _ 5% Stormwater and Drainage Fire Facilities �= 7 7% 2% ./ Curb, Gutter, Sidewalks Police Facilities Solid Waste 2% 2% Public Transit I 0.2% 1% Roads and Bridges Street Lighting and Utilities Libraries 18% 5% Cemeteries _ /Courts 3% Airports Parking°Facilities 0.3% 2% 1 /° 0.5% 0 , n 0 Xm o —' CD < Q CD CT) '< r- C) ,{ V, c - CCD o r 0 (t, - -. 0 CD Cl) E Q CD O c p C c C Ccn CD U) cn � ' • • —1, cn 0 0 -' o' CD p' 3 0 CD cltyirt A...a:: ii gIt.___:i P 1 :r2i t41 vz ..,3_ ' Kati — y ,. /4 Fri i,f,,..- __. CI - ‘. ; /Y,A . ,- i II e,;) ,iittal soil LA ' , 1i_..,1,..\,_,_ h rt n '1 ii 1 f 4 - j C r. tVMt OtCE?i_ ___: ,,:._ 114.,, _________ ,.:.tf., Li, CD I1 w „fir4W` '1 I ,1,1 I • r 1 O (N - z I i - a�r4 �, CD 1" irk..i_ „],_____, ri _ Q q"s -i 117 ilia F. * = ED - i AI :1i'r11 [ j1' I ' ; IjiL1UL ma ' w * - CY 0 0 o i 0 Cl) 0 G X - 0 . • ry r+ - TT C o CD Q N �J _Q CD CD 0_ 0 -' 5 3 - a CD cn a) 0- m : 0 0 � � P6) 0. .1 • : 2 0" • o 0 0 C Cl) 0 0 O Q) Q 0 0 R T /(2,10".:U-U p 59 Communities 1999 Rupunded —MNIFItft7 . ----- 1-- BUDGET nun FainM %IAA 1, .---- 1---,,, %IN& How do we tell our storiPPP PK.. L. — .-wililliffillf ,c, •--A .... Fume Know Budget logic Build . . ... ' larlIS Mum. Wt•Understand reuenue scums Relationships w ......” • .. ... ... .. ... _ - ..•--------- _ ..3.Veers el Data 1.614i1 UOV/OHS — ."°"'"'".""'" •Know your local me01. . Otti Nen_0,1, unloaded needs One:. -, •In Commun.La me -, ,n„,, ,,,,, •MRiniElig 011gOing .rrge with Stale program aim.Jane - NYCO S.. . Disseminate Facts i°Z.°=1., .-,.21--S58 Million •MO IMAM prole. 5911810IS-1811theM T ,,,,,„„*,:: _,.,...., •Special surveys whatvornid011igl A ' •One on one conversations x Property Taxes: Where Does H .=,.."' the Money Come From? Key Policy Concerns trmruan T :,........,florddre impact:i nf aging iennaznink \ ara........ me%an,,, ro6 infrastructure as our oinnoniinanen mature? Key Municipal Revenue and Expense Comparisons .Will demonic'commerce Y '••=7..= be wined inn some es >&willies rhe(wren,stare-lorni ray . physical transactions? 1:: nnn . ft.ninu t ructure- ew cred in the 1930s draw Inman ,....pi*,...•.0." Ii§1:=171=1 st industrial economy-nine,the mode,. •Cillni economy besei I on knowledge,infornsigion. I =a= TAX REVIEW -:-.:7L and minim? nlYintlin federal smilax —,- REALITIES ---" " government continue to make plane-based Maliiiiii innesinienn in local •Political Implication .= ;111IftheSguretegiAmorepruvide communities? igr;:.)je, Local tra.:1,I January., • INW...i 1, ...111 .al MO..al A ll infficient revenue or ming anthorin.to 040. •Public Perceptions._, local governments can do what must be done in ensure economic vinbilio, •:=7:1'.'::::1=';':' lr,=== •Political Philosophy ..,1 •Factual Information •••-•,.-•••••-• . wan but Government General fund .... and Ca. ........ .... . . .. .. . .. Cumulative Communities.Revenue History call Goveriti, ....,_ Revenue Realities :-,„..-- ,:g., "=:•77— gta?—..2:4—. za :....................................—..., —,''''•'•;.-. ri.elY", EM.-717-71-:L=_L=.: MI loilwi r..."---. ..1,211=.•,•":2'.7,-. 0". _• ..... •/:.0*—__. 11111.,'•••...... _ _ ' / till '•-• 111110' '- 1011.".[ IIIII '• oi. a. .... ,••• ea view .. .... 4 ri ,.:J sm.mx.yourmoneysworth.org .... H CD CD ' CD0 C CD n0 p i D 0 x 0 CD .44 C O_ 0 N 1 /CD i DESERET • SUNDAY,APRIL 27,200 Morning News Pt,• ,.. Sales-tax Rivalry .,...,...,. No new taxes, Utahns say "-..,,.. . frenzy .. pits 2 .........___._. tztzt-. teat „ .......„..... rty-tax s favors big Utah .,,,,,,,,trtrzt. h IQ ptope utal. — __------,-,c21.--"nr:::, I.-,1-,21:5.-.. retailers ,.....,," ,'15,r47,,,,,,",..4v ' ..„.n. cities ur.,, mi2oa __;__...,._ tilillercyk.battle cOMPara°t.° \ ..: other states OW." ...,..... By 6:5s, SW.. al..... .-. '. \ : . . I A 1• "..-'" R a 1 1 ..lt"V YAgailiSt • __ Big•BOx S reS jghst rang ending the latest ---- he economie development -osoltntintnnY t, l ,,..ennwvw`Y.Y 7.-stt—Ylaalr.ttltss lYtilttill: al-Mart CedH ar illtO to Pr — ,,,,,.,,,u„..,two lamest TORREY,°TAU " - •o•,)}I,. 1-r°Posal Tonigh ., , s„,,LozAr 1,,nine Maio Street." t '''. IfirMopetation,WO SS:5'you Can ettl- .. )t Stop Pro gres s tents and another 5750.000 in _ ees.the NAC—a listure in 2. —01450,-,1 jo,,,,, I fr S.ItLak City for 50Years IV ON ITS LOCATION.. ,...v.ti - F . Cities Respond to Sluggish Economy D . Stores Vacant gionts moss Utah 6 o little 1 to help the economy,and frusurnic communities where!hey languish b Looffrenix City Fiscal Conditions :'a a.'"'"'''.l't`...l IS "a'..all.'Lla!'",.. As the national vasnomy COM i. li:117=:::OZ In(=ICT re1.110'7'1,1:rar;'::[:"1.14i .--,_..._ • demnward spiral,local,ssters arc Ink, I.-Mi.:said GiLli111.00. aho le,ascd the nesults ot it,ann drastic 11.14.6 10 ward off acIkiis and -= A panel ofcx,rta convened hy Mr Sun,of City FlacJI CondiUum I shortfalls that mild fal.mows.in [I! last monthconcludcd that savcrol favors month.The national mail survey Tax growth,,.,f,„ tax.and scnice ken 0 MI AZL-,hong tat h,kcal and NLIIC tInctcd Oh rvbruarY, I aig WM/M.2000 Inchtedua) in•••=•-)mro.•••)r)no rflo.oe •City rcvanucs dmppcd by I pcm income Lvo sin,A an tte CIE,[0411101...... 'e 4,' rk.ing he.h,L.R,co,4nd cuts to to, in comtanl dol,lx.cun 200: • Soles oet..in B corporate o erso, t°'a te tT ra . 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IWO a PIO" eD cil it' 1 il , , 4:. . l,;. .v,,,,,. g fp. 11 1 r ti; i 23 00"111 eing", kisei ' VI P-- 0 VI CO M i A.41,I/1.f,r.,,,•;,i:,• $(1-oi,, .e-• chn et C• imp ; M Si. ,1",, • SALT LAKE CITY COUNCIL STAFF REPORT DATE: October 31,2003 SUBJECT: Salt Lake City Housing Trust Fund loan to the Housing Authority of Salt Lake City for refinancing the Jefferson Circle Section 8 Preservation project AFFECTED COUNCIL DISTRICTS: District 5 STAFF REPORT BY: Michael Sears,Budget&Policy Analyst ADMINISTRATIVE DEPT. AND CONTACT PERSON: Housing and Neighborhood Development,LuAnn Clark KEY ELEMENTS: The Administration is proposing that the City Council approve a resolution authorizing the Mayor to execute a loan agreement and related loan documents with the Housing Authority of Salt Lake City for a$255,000 loan from the City's Housing Trust Fund.This action would • facilitate the refinancing of the Jefferson Circle Section 8 Preservation project located at 1750 South Jefferson Circle.The project has 20 two bedroom townhouse units,all of which are rented to residents at 30% or less of area median income.Average income for residents is$9645 with the average tenant portion of the rent being$121 per month.The remaining rent is currently being subsidized by Section 8 monies from HUD. MATTERS AT ISSUE OPTIONS: 1. ["I move that the Council"] Adopt the resolution as proposed. 2. ["I move that the Council"] Not adopt the resolution. ➢ POLICY CONSIDERATIONS The proposed project is consistent with policy statements in the City's 1974 Central City Community Master Plan,Community Housing Plan,Vision and Strategic Plan,the Futures Commission report,the 1990 Urban Design Element and other related master plans. ➢ ANALYSIS The Jefferson Circle project consists of 20 two bedroom townhouse units.This project is being refinanced with Salt Lake City as the lender-on the first moitgage.HUD will carry the second mortgage on the project.This project is being refinanced as part of the HUD/Office of • Multifamily Housing Assistance Restructuring(OMHAR) review.Salt Lake City is now authorized by HUD as a local lender.There are not any other local lenders authorized to participate in this type of refinancing. Page 1 The Housing Trust Fund Advisory Board reviewed this proposal on September 18,2003 and the transmittal includes the minutes of that meeting. The Poplar Grove Community Council did not review this project as the use of the project has not changed. • > BUDGET RELATED FACTS The proposed loan from the Housing Trust Fund will be for$255,000 at 5% interest for 30 years. The U.S.Department of Housing and Urban Development and equity from the Housing Authority of Salt Lake City are also providing funding for this project.The total cost of project will be$932,013. The current balance of the Housing Trust Fund is approximately$2,362,922. cc: Rocky Fluhart,Cindy Gust-Jenson,David Nimkin,Alison Weyher,David Dobbins, LuAnn Clark,and Sandi Marler File location: Michael\Staff Reports\Housing Trust Fund • • Page 2 • Sly", fe @} ' CI j 1 ®i. Y 1 41 1111 - �' 1 COMMUNITY AND ECONOMIC DEVELOPMENT RO5S C. "ROCKY" ANDERSONMAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart,Chief Administrative Offigi ( DATE: September 19,2003 FROM: Alison Weyher (\<(., RE: A resolution authorizing the Mayor to execute a loan agreement between Salt Lake City Corporation and the Housing Authority of Salt Lake City,for the refinancing of the Jefferson Circle Section 8 Preservation project located at 1750 South Jefferson Circle. STAFF CONTACT: LuAnn Clark DOCUMENT TYPE: Resolution BUDGET IMPACT: A loan of$255,000 will be made from the Housing Trust Fund DISCUSSION: The Housing Authority of Salt Lake City is requesting a$255,000 loan for 30 years at 5% interest from the City's Housing Trust Fund to refinance a Section 8 Preservation project at the end of its HUD contract. This project is located at 1750 South Jefferson Circle and consists of 20 two-bedroom townhouse ID units. All 20 units are affordable for residents at 30%or less of area median income. The average income of the residents is $9645 and the average tenant pays$121 per month for rent. HUD's Section 8 program subsidizes the remainder of the rent. As part of the HUD/Office of Multifamily Housing Assistance Restructuring(OMHAR)review and fmancial restructuring process the Housing Authority is required to refinance the first mortgage with a new lender with HUD carrying a large cash-flow second mortgage. There are no local lenders authorized by HUD to participate in this type of refinancing. The Housing Authority wanted to deal with a local lender especially because the project is small and many of the larger out of state institutions would not be interested or would charge higher fees. They asked HUD to consider approving Salt Lake City as-a local lender. After a conversation with staff from Housing and Neighborhood Development and our Attorney Office's,HUD approved Salt Lake City as a local lender. The interest rate on this loan is higher than we usually see for this type of project but it was set during the restructuring of the deal. Our funds will be leveraged with funding provided by HUD and an equity investment by the Housing Authority of Salt Lake City. The City will be in first position on the loan and HUD will only accept payments on the second if there is sufficient cash flow. It is anticipated the total cost of the project will be$932,013. On September 18,2003,the Housing Trust Fund Advisory Board reviewed this proposal and recommended approval of a$255,000 loan for 30 years at 5%. Attached please find a copy of the staff report and the minutes of the September Board meeting. The Board agreed that the project would not need to be reviewed by the Poplar Grove Community Council since it is not changing the use. The current balance of the City's Housing Trust Fund is $2,362,922; approval of this loan request and the loan request for the Jefferson Circle preservation project would leave the fund balance at$2,107,922. • 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-6230 FAX: 801-535-6005 10 RECYCLED PAPER • RESOLUTION NO. OF 2003 AUTHORIZING A LOAN FROM SALT LAKE CITY'S HOUSING TRUST FUND TO THE JEFFERSON CIRCLE SECTION 8 PRESERVATION PROJECT WHEREAS, Salt Lake City Corporation (the City) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, the Housing Authority of Salt Lake City, has applied to the City for a $255,000 loan at 5% over thirty years to refinance the Jefferson Circle Section 8 Preservation project consisting of 20 two-bedroom affordable townhouse units for residents at 30% or less of area median income located at 1750 South Jefferson Circle in Salt Lake City, Utah. THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve Salt Lake City to enter into a loan agreement with the Housing Authority of Salt Lake City, for$255,000 at 5% over thirty years from Salt Lake City's Housing Trust Fund. 2. The Housing Authority of Salt Lake City will use the loan to refinance the Jefferson Circle Section 8 Preservation project located at 1750 South Jefferson Circle, II Salt Lake City, Utah. 3. Ross C. Anderson, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite loan agreement documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of , 2003. • SALT LAKE CITY COUNCIL By: CHAIR ATTEST: APPROVED AS TO FORM SALT LAKE CITY ATTORNEY'S OFFICE DATE: Come, Jo03 BY: CHIEF DEPUTY CITY RECORDER 0 • EVALUATION SALT LAKE CITY HOUSING TRUST FUND Name of Organization: Housing Authority of Salt Lake City (HASLC) Name of Project: Jefferson Circle Location of Project: 1750 South Jefferson Circle Project Description: This project is a 20-unit, two-bedroom Section 8 townhouse project located at 1750 South Jefferson Circle and is an expiring Section 8 project owned by the Housing Authority. The Housing Authority has chosen to retain the subsidy and affordability of the project. Tenants will range between 30-50% of area median income. Rents will average $121.00 per month. Amount and terms requested: $255,000 at 5% for 30 years Is the entire project eligible for Housing Trust Fund money? Yes • Proposed Funding: 1st Mortgage SLC 255,000 2nd Mortgage HUD 643,150 Equity HASLC 33,863 TOTAL: $932,013 Does the requesting agency have sufficient cash flow to repay the loan? Yes. HUD has committed to that they will always make enough funds available to cover the first mortgage and any capital repairs required now and in the future. Does the project have demonstrated community support? Community Council review is not required since this is not a new construction project. Does the requesting agency have a track record of owning, operating and maintaining this type of housing project? Yes. Detailed applicant information is included in the application. Project Strengths: This project will retain viable, preservation project-based Section 8 housing units currently at the end of their HUD contract. SLC will be in a first place position on the loan. The appraisal lists the "as improved" • market value of the property at $1,043,00. Project owner has successfully built, developed, owned and rehabilitated many affordable housing projects. The Housing Authority of Salt Lake City currently has several loans with Salt Lake City and has met all requirements, is current on existing loans and provides required information in a timely manner. The project meets priority goals of the Salt Lake City Community Housing Plan to retain existing affordable housing units. The project will remain affordable for 30 years. Project Weaknesses: Financial information provided is estimated, not actual. Signet, the designated HUD restructuring partner, however, has stated that HUD will assure there is sufficient cash flow available to cover the first mortgage and capital repairs. This project is the first to go through the new and improved restructuring process with the Office of Multifamily Housing Assistance Restructuring (OMHAR). This project is being presented at this time since the timeframe will be extremely limited once HUD • approves the loan and final documents need to be signed. Board Options Recommend approval of applicant's loan as requested. Deny applicant's loan request. III HOUSING TRUST FUND ADVISORY BOARD Meeting of September 18, 2003 The following board members were in attendance: Curtis Anderson, Edward Barbanell, Karen Cahoon, Daniel Greenwood, Cara Lingstuyl, Kent Moore, Peter Morgan, Geneva Powell and Richard Tyler. Staff members in attendance were LuAnn Clark, Director of Housing and Neighborhood Development, Sandi Marler, CD Program Specialist, and Jan Davis, Administrative Secretary. Chairperson Kent Moore called the meeting to order at 12:14 p.m. Briefing on the National Housing Trust Fund Ms. Linda Hilton of Crossroads Urban Center briefed the Board on the National Housing Trust Fund (NHTF) Campaign. Ms. Hilton said establishing the NHTF would serve as a source of funding for new housing, preservation and rehabilitation of existing housing for low income people. Ms. Hilton said the trust fund monies will be for local non-profits and private entities, not public housing. Ms. Hilton advised that the money available will come from the Ginnie Mae escrow account reserves. Ms. Hilton indicated that the current reserve funds are very high and • are not being used and it would be ideal for the NHTF to acquire them to provide critical housing needs. Ms. Hilton said local funds will be matched by the NHTF.. If the entity uses state, local or private revenue, it will receive two federal NHTF dollars for every dollar it provides. With local controlled federal dollars, it will receive one NHTF dollar for every dollar. The Board inquired about applying and keeping the funds for rental housing projects and Ms. Hilton replied the NHTF money goes to the fund, not to a specific project, thus money could be used for rental housing. Ms. Hilton said the method of distribution of funds to recipients is uncertain but will probably be managed by an annual grant process. Ms. Hilton discussed with the Board the coalition of organizations and legislative support endorsing the NHTF campaign. Ms. Luann Clark proposed that the Board tentatively make a motion to support the campaign based upon the mayor and council supporting the National Housing Trust Fund. Mr. Edward Barbanell motioned to approve the request to endorse the NHTF Campaign subject to Mayoral and City Council approval. Geneva Powell and Peter Morgan seconded the motion. All voted "Aye." The motion passed. Consider a request from the Housing Assistance Management Enterprise, a nonprofit subsidiary of the Housing Authority of Salt Lake City to construct the Jefferson School Phase II Apartment project consisting of 42 mixed-income one and two-bedroom units to be located at 1031 South West Temple. • Ms. Rosemary Kappes, Executive Director for the Housing Authority of Salt Lake City, and President of the Housing Development Corporation and the Housing Assistance Management Enterprise; Kathy Ricci, Finance Manager; and Bill Nighswonger, Development and Facilities Manager were present to provide details and answer questions pertaining to the project. Ms. Kappes provided background and experience details to the Board on the Housing Authority • organization and their two non-profit arms. Ms. Kappes said they were requesting a loan from the Housing Trust Fund in the amount of$700,000 at three percent interest to be amortized over thirty years. This project will consist of 60 units, 24 of which will be affordable units for those whose incomes are at 51% of area median income or less. Ms. Kappes acknowledged that the loan they were requesting was high for the number of affordable units but added that she believes further development in the West Temple corridor will enhance viability in the community, bring stability and increase property values in the neighborhood. Mr. Bill Nighswonger said that a meeting was scheduled with the Community Council on October 1 to start the rezoning for this site and he believes they will support this project because of the Community Council unanimous support of Jefferson School I. The Board asked why the Housing Authority was approaching the HTF board before securing the tax credits. Ms. Kappes stated that the tax credit application is in the process but funding approved by Salt Lake County will be lost if they do not close on this project by the end of the year. Peter Morgan stated he was favorable for the project and motioned to approve the loan request for$700,000 at 3% for 30 years. Richard Tyler seconded the motion. Cara Lingstuyl suggested an amendment to the motion stating that approval for the loan should be based on the Housing Authority receiving the tax credits this round. Discussion followed between the Board and Ms. Kappes regarding the tax credits process. Ms. Kappes said she believes they will receive the tax credits but is not able to guarantee that it will be this round.. The Board expressed concern that other funds requested may not be loaned for the project. Ms. Clark advised that the applicant would then be out of compliance and would need to return to the Board to discuss their options. Cara Lingstuyl withdrew her amendment to the motion. All voted "Aye", Cara Lingstuyl opposed. The motion passed. Consider a request from the Housing Housing Authority of Salt Lake City to finance a $255,000 first mortgage on a 20-unit, two bedroom townhouse complex located at 1750 South Jefferson Circle. This is an expiring preservation project-based Section 8 complex owned by the Housing Authority who has chosen to retain the subsidy and affordability of the project. Ms. Rosemary Kappes presented the details on the request to refinance the first mortgage on the property at 1750 South Jefferson Circle. Ms. Kappes stated that this is a HUD Section 8 Preservation project which is at the end of its 20 year HUD contract and the Housing Authority is approaching the HTF to refinance the first mortgage. The project consists of 20 two-bedroom units. The average income of the tenants is $9,645 which is less than 30% of the area median income. The average rent payment is $121.00 with the remainder of the rent subsidized by HUD. Ms. Kathy Ricci, Finance Manager of the Housing Authority, stated that at the end of November 2003, the Housing Authority contract with HUD will expire which will require them to restructure • the contract. Ms. Ricci reviewed in detail the HUD restructuring with the Office of Multifamily Housing Assistance Restructuring (OMHAR) that this project must go through in order to remain 2 ' affordable. HUD will carry a second cash flow mortgage that will not need to be paid unless there is not sufficient cash flow from the project. HUD basically guarantees the first mortgage. • There are no local lenders authorized by HUD to participate in this type of refinancing. The Housing Authority wanted to deal with a local lender especially because the project is small and many of the larger out of state institutions would not be interested or would charge higher fees. They asked HUD to consider approving Salt Lake City as a local lender. After a conversation with staff from Housing and Neighborhood Development and our Attorney Office's HUD approved Salt Lake City as a local lender. The interest rate on this loan is higher than we usually see for this type of project but it was set during the restructuring of the deal. Cara Lingstuyl motioned to approve the loan request for$255,000 at 5%for 30 years. Curtis Anderson seconded the motion. All voted "Aye." The motion passed. Discuss City housing policies and issues. Kent Moore requested to postpone City housing discussion until the next Board meeting. LuAnn Clark stated that the City Council asked for a response in October. The Board and staff discussed a date in October to meet to conduct the discussion on City housing policies and October 9 was selected. LuAnn Clark said that a November meeting will need to be scheduled to discuss HOME applications and discuss the allocation of the second round of HOME money. It was decided by the Board and staff to meet November 20. There being no further business, the meeting adjourned at 1:45. • • 3 • SALT LAKE CITY COUNCIL STAFF REPORT DATE: October 31,2003 SUBJECT: Salt Lake City Housing Trust Fund loan to the Housing Assistance Management Enterprise for the Jefferson School Phase II Apartments AFFECTED COUNCIL DISTRICTS: District 5 STAFF REPORT BY: Michael Sears,Budget&Policy Analyst ADMINISTRATIVE DEPT. AND CONTACT PERSON: Housing and Neighborhood Development,LuAnn Clark KEY ELEMENTS: The Administration is proposing that the City Council approve a resolution authorizing the Mayor to execute a loan agreement and related loan documents with the Housing Assistance Management Enterprise,a nonprofit subsidiary of the Housing Authority of Salt Lake City for a $700,000 loan from the City's Housing Trust Fund.This action would facilitate the construction 411/ of the Jefferson School Phase II Apartment project located at 1031 South West Temple.The project will have 60 units,24 of which will be market rate units,the remaining 36 units will be rented to people at 35-50% of area median income. OPTIONS AND MOTIONS: 1. ["I move that the Council") Adopt the resolution as proposed. 2. ["I move that the Council") Not adopt the resolution. > POLICY CONSIDERATIONS The proposed project is consistent with policy statements in the City's 1974 Central City Community Master Plan,Community Housing Plan,Vision and Strategic Plan,the Futures Commission report,the 1990 Urban Design Element and other related master plans. > ANALYSIS The Jefferson School Phase II Apartment project consists of 60 mixed income one and two bedroom units 1031 South West Temple.The project developer will set aside 4 units for homeless transitional persons,physically handicapped and mentally ill persons.All ground floor units will be visit-able. The project will consist of twenty-four units at market rate and the remaining 36 units being priced for renters with 35-50% of area median income. The project financing is based on area median income rents being between$340 and$619 for the affordable units,depending on tenant income and unit type. The market units will be between$587 and$860 per month. The Housing Trust Fund Advisory Board reviewed this proposal on September 18,2003 and recommended approval of a$700,000 loan for 30 years at 3.0%.The applicant presented this Page 1 project to the People's Freeway Community Council on October 1,2003 and received support for this project. The proposed project site will need to be rezoned to allow construction of this project.The • rezoning process is underway.Additionally,as part of the City's ordinance on Impact Fees,this project is exempt for the payment of impact fees.The General Fund will need to cover the $32,040 exemption.Typically all impact fee exemptions come before the Council during the last budget amendment of each fiscal year. The transmittal includes the minutes of the Housing Trust Fund Advisory Board July 17,2003 meeting. > BUDGET RELATED FACTS The proposed loan from the Housing Trust Fund will be for$700,000 at 3.0% interest for thirty (30)years.Salt Lake County,Federal Low-Income Housing Tax Credits,and equity from the Housing Assistance Management Enterprise are also providing funding for this project.The total cost of project will be$5,248,994. The Administration is recommending that this loan come from the appropriation from the Redevelopment Agency of Salt Lake to the Housing Trust Fund.The current balance of the Housing Trust Fund,RDA appropriation is$1,780,798. cc: Rocky Fluhart,Cindy Gust-Jenson,David Nimkin,Alison Weyher,David Dobbins, LuAnn Clark,and Sandi Marler File location: Michael\Staff Reports\Housing Trust Fund • Page 2 OCT 2 2 2003 ALISON WEYHER S g� ,�+ " A\a_�'` riy�e.�0�IT� "A 110 ROES C. "ROCKY" ANDERSON IIIDIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Ftuhart, ief dministrative Office DATE: October 14, 2003 FROM: Alison Weyher € L RE: A resolution authoriz g the Mayor to e cute a loan agreement between Salt Lake City Corporation and the Housing Assistance Management Enterpr se, a nonprofit subsidiary of the Housing Authority of Salt Lake City, for the construction of the Jefferson School Phase II apartment project located at 1031 South West Temple. STAFF CONTACT: LuAnn Clark DOCUMENT TYPE: Resolution BUDGET IMPACT: A$700,000 loan will be made from the Housing Trust Fund. Additionally, under current city ordinance low-income housing is exempt from the city's development impact fees. The General Fund will need to cover the$32,040 exemption. DISCUSSION: The Housing Assistance Management Enterprise(HAME), a nonprofit subsidiary of the Housing Authority of Salt Lake City, is requesting a $700,000 loan for 30 years at 3% interest from the Redevelopment Housing Trust Fund to construct Jefferson School Phase II. The project is located at 1031 • South West Temple and will consist of 60 mixed-income one and two-bedroom units. Jefferson School Phase II will consist of 36 affordable and special needs housing units with the remaining units being market rate. The 36 affordable units will be available for residents between 35-50%with rents ranging from $340 to$619, depending on the tenants' income and size and type of unit. The rents for the market units will range between$587 and $860 per month. HAME will set aside four of the affordable units for individuals with special needs. The loan requested from the Housing Trust Fund will be used for property acquisition and demolitions costs. These funds will be leveraged with funds provided by a financial institution for the construction loan as well as Federal Low-Income Housing Tax Credits, Salt Lake County, and an equity investment by HAME.The City currently will be in first on the property but will need to subordinate to the construction lender as well as the first mortgage holder. It is anticipated the total cost of the project will be$5,248,994. The project will remain affordable for 99 years. On September 18, 2003,the Housing Trust Fund Advisory Board reviewed this proposal and recommended approval of a$700,000 loan for 30 years at 3%. HAME made adjustments to the mix of the units and the Housing Trust Fund Board reviewed the request again at its October 9 meeting. The board recommended approval of the proposed changes. Attached please find a copy of the staff report and the minutes of the board meetings. NAME presented this project to the People's Freeway Community Council on October 1, 2003 and received a positive recommendation for the project as well as the zoning amendment. We are recommending that funding for this project come from the appropriation from the Redevelopment Agency to the Housing Trust Fund. The current balance of the RDA appropriation is$1,780,798 and approval of this loan request will lower it to$1,080,798. • 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-6230 FAX: 801-535-6005 �.3 RECYCLED PAPER RESOLUTION NO. OF 2003 • AUTHORIZING A LOAN FROM SALT LAKE CITY'S HOUSING TRUST FUND TO THE JEFFERSON SCHOOL APARTMENTS II WHEREAS, Salt Lake City Corporation (the City) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, the Housing Assistance Management Enterprise, a nonprofit subsidiary of the Housing Authority of Salt Lake City, has applied to the City for a $700,000 loan at 3% over thirty years to construct the Jefferson School Phase II apartment project consisting of 60 mixed- income one and two bedroom units with approximately 36 affordable housing units for residents between 35-50% of the area median income to be located at 1031 South West Temple in Salt Lake City, Utah. THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve Salt Lake City to enter into a loan agreement with the Housing Assistance Management Enterprise, a subsidiary of the Housing Authority of Salt Lake City, for$700,000 at 3% over thirty years from Salt Lake City's Housing Trust Fund. 2. The Housing Assistance Management Enterprise, will use the loan for construction of the Jefferson School Phase II Apartment project to be located at 1031 South West Temple, Salt Lake City, Utah. IIII 3. The loan requested from the Housing Trust Fund will be used for property acquisition and demolitions costs. These funds will be leveraged with funds provided by a lending institution for the construction loan as well as Federal Low-Income Housing Tax Credits, funding provided by Salt Lake County, and an equity investment by HAME. The City will be in third position on the loan. It is anticipated the total cost of the project will be $5,248,994. 4. Ross C. Anderson, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite loan agreement documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of , 2003. SALT LAKE CITY COUNCIL By: CHAIR ATTEST: APPROVED AS TO FORM SALT LAKE CITY ATTORNEY'S FFICE DATE: / r lY- BY: • CHIEF DEPUTY CITY RECORDER • EVALUATION SALT LAKE CITY HOUSING TRUST FUND Name of Organization: Housing Assistance Management Enterprise (NAME), a nonprofit subsidiary of the Housing Authority of Salt Lake City (HASLC) Name of Project: Jefferson School Phase II Apartments Location of Project: 1031 South West Temple Project Description: This project is a new construction project that will be comprised of 60 mixed-income one and two-bedroom units with 36 affordable units, four units for special needs population, and 24 market rate units. All ground floor units will be accessible. AMI Targets: Rents: 4 units at 35% (1 bdrm/1 bath) $340.00 14 units at 50% (1 bdrm/lbath) $521.00 12 units at 50% (2 bdrm/1 bath) $619.00 6 units at 50% (2 bdrm/2bath) $619.00 One unit will be set aside for the mentally ill, one unit will be set aside as a homeless transitional unit, and two units will be wheelchair accessible. • The applicant is requesting funding for property acquisition and demolition of an existing, unsightly warehouse located on the site. Amount and terms requested: $700,000 at 3% for 30 years Is the entire project eligible for Housing Trust Fund money? No. 36 units are eligible for HTF funding. Are the funds leveraged with non-government dollars? Yes Proposed Funding: Equity Tax Credits $ 1,950,000 1st Mortgage To be selected 2,021,182 2nd Mortgage SLC 700,000 SL County 200,000 HASLC 377,812 TOTAL: $ 5,248,994 Does the requesting agency have sufficient cash flow to repay the loan? • Yes. 1 ti Does the project have demonstrated community support? • HAME presented this project to the People's Freeway Community Council on October 1, 2003 and received a positive recommendation for the project as well as the zoning amendment. Does the requesting agency have a track record of owning, operating and maintaining this type of housing project? Yes. A list of completed projects is included in the application. Project Strengths: The project will strengthen the residential component of this community and help revitalize the neighborhood. This project is adjacent to a redevelopment target area with the goal of putting more market rate housing in the neighborhood. Project owner has successfully built, developed, owned and rehabilitated similar projects. The Housing Authority of Salt Lake City currently has several loans with Salt Lake City and has met all requirements, is current on existing loans and provides required information in a timely manner. HAME has previously owned and managed tax credit properties. • The project meets priority goals of the Salt Lake City Community Housing Plan to increase the number of affordable housing units for lower income and special needs populations. The project will remain affordable for 99 years. Project Weaknesses: No formal appraisal or market study submitted because the developer does not own the property at this time. An appraisal and a market study will be needed for the tax credit application. The Housing Authority's project next door, the Jefferson School Apartments Phase I, is 98% rented. Higher loan request than is typical for the number of affordable units. This neighborhood, however, will benefit more from a mixed-income project than from a project offering a higher number of affordable units. Capital replacement reserves at $200 per unit/per year are below the State of Utah Safe Harbor Schedule of$300 per unit/per year. Since this is a new construction project, the $200 may be adequate. • 2 Board Options: Recommend approval of applicant's loan as requested. Deny applicant's loan request. • • 3 • HOUSING TRUST FUND ADVISORY BOARD Meeting of September 18, 2003 The following board members were in attendance: Curtis Anderson, Edward Barbanell, Karen Cahoon, Daniel Greenwood, Cara Lingstuyl, Kent Moore, Peter Morgan, Geneva Powell and Richard Tyler. Staff members in attendance were LuAnn Clark, Director of Housing and Neighborhood Development, Sandi Marler, CD Program Specialist, and Jan Davis, Administrative Secretary. Chairperson Kent Moore called the meeting to order at 12:14 p.m. Briefing on the National Housing Trust Fund Ms. Linda Hilton of Crossroads Urban Center briefed the Board on the National Housing Trust Fund (NHTF) Campaign. Ms. Hilton said establishing the NHTF would serve as a source of funding for new housing, preservation and rehabilitation of existing housing for low income people. Ms. Hilton said the trust fund monies will be for local non-profits and private entities, not public housing. Ms. Hilton advised that the money available will come from the Ginnie Mae escrow account reserves. Ms. Hilton indicated that the current reserve funds are very high and are not being used and it would be ideal for the NHTF to acquire them to provide critical housing needs. Ms. Hilton said local funds will be matched by the NHTF.. If the entity uses state, local • or private revenue, it will receive two federal NHTF dollars for every dollar it provides. With local controlled federal dollars, it will receive one NHTF dollar for every dollar. The Board inquired about applying and keeping the funds for rental housing projects and Ms. Hilton replied the NHTF money goes to the fund, not to a specific project, thus money could be used for rental housing. Ms. Hilton said the method of distribution of funds to recipients is uncertain but will probably be managed by an annual grant process. Ms. Hilton discussed with the Board the coalition of organizations and legislative support endorsing the NHTF campaign. Ms. Luann Clark proposed that the Board tentatively make a motion to support the campaign based upon the mayor and council supporting the National Housing Trust Fund. Mr. Edward Barbanell motioned to approve the request to endorse the NHTF Campaign subject to Mayoral and City Council approval. Geneva Powell and Peter Morgan seconded the motion. All voted "Aye." The motion passed. Consider a request from the Housing Assistance Management Enterprise, a nonprofit subsidiary of the Housing Authority of Salt Lake City to construct the Jefferson School Phase II Apartment project consisting of 42 mixed-income one and two-bedroom units to be located at 1031 South West Temple. 41 Ms. Rosemary Kappes, Executive Director for the Housing Authority of Salt Lake City, and President of the Housing Development Corporation and the Housing Assistance Management r Enterprise; Kathy Ricci, Finance Manager; and Bill Nighswonger, Development and Facilities Manager were present to provide details and answer questions pertaining to the project. iMs. Kappes provided background and experience details to the Board on the Housing Authority organization and their two non-profit arms. Ms. Kappes said they were requesting a loan from the Housing Trust Fund in the amount of$700,000 at three percent interest to be amortized over thirty years. This project will consist of 60 units, 24 of which will be affordable units for those whose incomes are at 51% of area median income or less. Ms. Kappes acknowledged that the loan they were requesting was high for the number of affordable units but added that she believes further development in the West Temple corridor will enhance viability in the community, bring stability and increase property values in the neighborhood. Mr. Bill Nighswonger said that a meeting was scheduled with the Community Council on October 1 to start the rezoning for this site and he believes they will support this project because of the Community Council unanimous support of Jefferson School I. The Board asked why the Housing Authority was approaching the HTF board before securing the tax credits. Ms. Kappes stated that the tax credit application is in the process but funding approved by Salt Lake County will be lost if they do not close on this project by the end of the year. Peter Morgan stated he was favorable for the project and motioned to approve the loan request for$700,000 at 3% for 30 years. Richard Tyler seconded the motion. Cara Lingstuyl suggested an amendment to the motion stating that approval for the loan should be based on the Housing Authority receiving the tax credits this round. • Discussion followed between the Board and Ms. Kappes regarding the tax credits process. Ms. Kappes said she believes they will receive the tax credits but is not able to guarantee that it will be this round.. The Board expressed concern that other funds requested may not be loaned for the project. Ms. Clark advised that the applicant would then be out of compliance and would need to return to the Board to discuss their options. Cara Lingstuyl withdrew her amendment to the motion. All voted "Aye", Cara Lingstuyl opposed. The motion passed. Consider a request from the Housing Housing Authority of Salt Lake City to finance a $255,000 first mortgage on a 20-unit, two bedroom townhouse complex located at 1750 South Jefferson Circle. This is an expiring preservation project-based Section 8 complex owned by the Housing Authority who has chosen to retain the subsidy and affordability of the project. Ms. Rosemary Kappes presented the details on the request to refinance the first mortgage on the property at 1750 South Jefferson Circle. Ms. Kappes stated that this is a HUD Section 8 Preservation project which is at the end of its 20 year HUD contract and the Housing Authority is approaching the HTF to refinance the first mortgage. The project consists of 20 two-bedroom units. The average income of the tenants is $9,645 which is less than 30% of the area median income. The average rent payment is $121.00 with the remainder of the rent subsidized by HUD. Ms. Kathy Ricci, Finance Manager of the Housing Authority, stated that at the end of November 2003, the Housing Authority contract with HUD will expire which will require them to restructure • the contract. Ms. Ricci reviewed in detail the HUD restructuring with the Office of Multifamily Housing Assistance Restructuring (OMHAR) that this project must go through in order to remain 2 affordable. HUD will carry a second cash flow mortgage that will not need to be paid unless there is not sufficient cash flow from the project. HUD basically guarantees the first mortgage. There are no local lenders authorized by HUD to participate in this type of refinancing. The • Housing Authority wanted to deal with a local lender especially because the project is small and many of the larger out of state institutions would not be interested or would charge higher fees. They asked HUD to consider approving Salt Lake City as a local lender. After a conversation with staff from Housing and Neighborhood Development and our Attorney Office's HUD approved Salt Lake City as a local lender. The interest rate on this loan is higher than we usually see for this type of project but it was set during the restructuring of the deal. Cara Lingstuyl motioned to approve the loan request for$255,000 at 5% for 30 years. Curtis Anderson seconded the motion. All voted "Aye." The motion passed. Discuss City housing policies and issues. Kent Moore requested to postpone City housing discussion until the next Board meeting. LuAnn Clark stated that the City Council asked for a response in October. The Board and staff discussed a date in October to meet to conduct the discussion on City housing policies and October 9 was selected. LuAnn Clark said that a November meeting will need to be scheduled to discuss HOME applications and discuss the allocation of the second round of HOME money. It was decided by the Board and staff to meet November 20. There being no further business, the meeting adjourned at 1:45. • S 3 • MEMORANDUM DATE: November 4,2003 SUBJECT: A-Frame sign issue FROM: Cindy Gust-Jenson The Administration has forwarded the Planning Commission's recommendation on the portable sign ordinance. The Council adopted a moratorium on enforcement and established a set of interim regulations which will expire on November 13, 2003. In order to minimize the amount of time between the expiration and formal consideration of the proposal,we have advertised a hearing for November 18. This hearing can be cancelled should the Council want to hold it at a later date. As you will recall, allowing these signs in the public right-of-way and establishing the conditions was a complex legal matter due to free speech considerations. The City clearly has the authority to prohibit use of the public way for commercial purposes,but if the City does allow use of the public way for signage, the content cannot be regulated by the City. . The Administration's transmittal outlines the key issues raised at the Planning Commission, including the potential to create a cluttered streetscape and the free speech protections that limit the ability of the City to regulate the placement of portable political signs. The ordinance allows portable signs to be displayed during the hours of 8 a.m. to 11 p.m. in certain zoning districts(see page 2 of the draft ordinance). The maximum size is four feet high and three feet wide. No illumination or attached decorations is allowed. Unobstructed sidewalk space must be at least four feet in all areas except the Central Business District where it must be at least six feet. The ordinance also indicates that a portable sign may not be placed in any location that would obstruct any ADA accessible feature. As with the temporary regulation,the draft ordinance does not require a permit, or proof of insurance. While the Planning Commission recommended support of this ordinance, they also recommended that the Planning staff continue to work on provisions to augment the portable sign regulations,particularly the way-finding program and devices to provide identification for businesses and eliminate the potential for sign clutter. They directed staff to prepare recommendations for review by the Planning Commission by November 15,2004. One option to address the concerns that have been raised about this ordinance is the potential for the City to sponsor a 'way-finding' signage system that business owners could participate in. This approach would give the City the design control and additional opportunities to consider`time,place and manner' regulations. An example of a way-finding program sponsored by a governmental entity • and participated in by private business is the freeway signs designating specific restaurants and other services that are available at particular exits. Again, the City would control the design of any way- finding program it elected to establish. 1 ALISON WEYHERS ` , t�a2 vl II�,��E��t 1111 ROSS C. "ROCKY"ANDERSON DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR • CITY COUNCIL TRANSMITTAL TO: Rocky Fluhart, C 'ef Adm. istrative Officer Date: October 27, 2003 FROM: Alison Weyher RE: Petition 400-03-26: A Petition by e Salt Lake City Administration requesting to amend the text of the sign regulations found in Chapter 21A.46 of the Salt Lake City Zoning Ordinance by creating regulations for portable signs in certain districts STAFF CONTACTS: Joel Paterson, Senior Planner(535-6141) e-mail: joel.paterson@slcgov.com DOCUMENT TYPE: Ordinance BUDGET IMPACT: None • DISCUSSION: Petition 400-03-26 is a request by the Salt Lake City Administration requesting to amend the text of the Chapter 21A.46 (Signs) of the Salt Lake City Zoning Ordinance by creating regulations for portable signs in certain districts. ISSUE ORIGIN: In May, 2003, the City Council enacted temporary zoning regulations for portable signs on City-owned right-of-way(sidewalk or park strip) in certain zoning districts. The Administration proposed these regulations to encourage and facilitate additional retail activity in the City. Under State law,temporary regulations may be enacted for a period of six months. The existing temporary portable sign regulations expire on November 13, 2003. PUBLIC PROCESS: The Planning Division mailed notice of the proposed text amendment to all the Community Council chairs,Downtown Alliance/Chamber of Commerce, Downtown Merchants Association,Vest Pocket Business Coalition and the Business Advisory Board. Staff received no comments,correspondence or other type of communication from any of these organizations. During the Planning Commission public hearing on October 22, 2003, the Commission raised the following concerns: 1. There is potential to create a cluttered streetscape because there is no limit on the number of portable signs or design standards to create an aesthetically • coordinated system of directional signage; 4DI UUIM SIAIt SI Kit l, KUUM 4U4,SALI LAKt L:IIY, UTAM I74I I I TELEPHONE:801-535-6230 FAX:SDI-535-6005 �� nem�co r.Pen 2. Free speech protections limit the ability of the City to regulate the placement of portable political signs. Mindful of November 13,2003 expiration of the existing temporary portable sign • regulations, the Planning Commission acknowledged the importance of codifying the portable sign regulations at this time to ensure that merchants would be able to continue the use of portable signs without interruption. After closing the public hearing,the Planning Commission recommended that the City Council adopt an ordinance to amend the text of Salt Lake City Code section 21A.46 to allow portable signs as proposed by Petition 400-03-26. The Planning Commission further recommended that Staff continue to work on provisions to augment the portable sign regulations and submit any needed revisions or refinements to these regulations to the Planning Commission by November 15, 2004. The proposed ordinance is attached as Exhibit 2. Draft minutes of the Planning Commission meeting on October 22, 2003, are attached as Exhibit 5c of this transmittal. Staff will forward the official minutes when approved by the Planning Commission following its meeting on November12,2003. CITY COUNCIL POLICY AND MASTER PLAN CONSIDERATIONS: The Urban Design Element encourages signage that provides ample opportunities for business to advertise products and services without having a detrimental effect upon the community. Guidelines for signs include: Require signs within a view corridor to be low profile and • preferably mounted parallel to the building surface. Encourage sign design as an integral part of the design of buildings and developments. RELEVANT ORDINANCES: Salt Lake City Code section 21A.50.050 Standards for General Amendments(see Exhibit 5B,Planning Commission Staff Report to review the relevant findings). TABLE OF CONTENTS 1. CHRONOLOGY 2. PROPOSED ORDINANCE 3. CITY COUNCIL HEARING NOTICE 4. MAILING LABELS 5. PLANNING COMMISSION a. Hearing Notice and Postmark b. Staff Report c. Agendas/Minutes 6. ORIGINAL PETITION • Transmittal of Petition 400-03-26 • • Exhibit 1 CHRONOLOGY • Transmittal of Petition 400-03-26 • CHRONOLOGY PETITION 400-03-26 By the Salt Lake City Administration October 6, 2003 Petition assigned to Joel Paterson, Senior Planner October 7, 2003 Notice of this hearing was sent to all the Community Council chairs,Downtown Alliance/Chamber of Commerce,Downtown Merchants Association, Vest Pocket Business Coalition and the Business Advisory Board. October 22, 2003 Planning Commission public hearing. • • Transmittal of Petition 400-03-26 • • Exhibit 2 PROPOSED ORDINANCE • Transmittal of Petition 400-03-26 • SALT LAKE CITY ORDINANCE No. of 2003 (Amending the City Zoning Code to allow for portable signs in certain zoning districts) AN ORDNANCE AMENDING THE CITY ZONING CODE TO ALLOW FOR PORTABLE SIGNS IN CERTAIN ZONING DISTRICTS. WHEREAS, on May 13, 2003, the Salt Lake City Council adopted Ordinance No. 26 of 2003 enacting temporary zoning regulations for portable signs in certain zoning districts; and WHEREAS, on September 10, 2003, the City Council adopted Ordinance No. 65 of 2003 amending the prior ordinance; and WHEREAS, after having held public hearings before the Planning Commission and the City Council, the City Council desires to amend the City's zoning ordinance to • make the display of portable signs, as authorized in the temporary zoning regulation, permanent; and WHEREAS, the City Council has determined that the proposed amendments are in the best interest of the City; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. Section 21A.46.030.1 of the Salt Lake City Code shall be and hereby is amended to read as follows: I. Permission Required for Signs and Marques on or Over Public Right of Way: Except for portable signs authorized pursuant to section 21A.46.055 below, signs, marques and other structures encroaching on or over the public sidewalk or on or over a public right of way shall obtain permission from the City pursuant to the City's right of way encroachment policy. • SECTION 2. Section 21A.46.040.N of the Salt Lake City Code shall be and hereby is enacted to read as follows: • N. Portable Signs: Portable signs as authorized pursuant to Section 21A.46.055 below. SECTION 3. Section 21A.46.055 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 21A.46.055 Temporary Portable Signs. Pursuant to the terms and conditions set forth in this ordinance,portable signs shall be allowed on public property in Residential Business (RB), Residential Mixed Use(RMU),Neighborhood Commercial (CN), Community Business (CB), Community Shopping(CS), Commercial Corridor(CC), Sugar House Business(CSHBD), General Commercial (CG), Light Manufacturing(Ml),Heavy Manufacturing(M2), Central Business District(Dl),Downtown Support(D2),Downtown Warehouse/Residential (D3),Downtown Secondary Central Business District(D4), Gateway-Mixed Use(GMU)and Business Park(BP)zoning districts. Such portable signs may only be displayed during the hours of 8:00 a.m. to 11:00 p.m. During other periods all such portable signs must • be removed. A. Size: The maximum size of such portable signs shall not exceed four feet (4)in height and three feet(3')in width on a sidewalk. Illumination and other attached decorations or objects on such signs are prohibited. B. Location: Within the zoning districts identified above, any person may display a free standing portable sign on the City owned right of way (sidewalk or park strip). Signs may not be attached to any utility poles, traffic signs,newsracks or any other item or fixture in the public way. The usable sidewalk space must remain unobstructed. Unobstructed sidewalk space must be at least four feet(4')in all areas except the Central Business District where it must be at least six feet(6'). In addition, any portable sign may not be placed in any location that would obstruct any ADA accessible feature. C. Construction: All portable signs must be built so as to be reasonably stable and to withstand expected wind and other weather elements. 2 • SECTION 4. Section 21A.46.070.K of the Salt Lake City Code shall be and hereby is amended to read as follows: K. Signs on Public Property: Except for portable signs authorized pursuant to Section 21A.46.055 above, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized public agency. SECTON 5. 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 , 2003. CHAIRPERSON • ATTEST AND COUNTERSIGN: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. ROSS C.ANDERSON MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2003. -. to -z3- 03 Published: • G:\Ordinance 03\Amending Code to allow for portable signs-Clean-Oct 16,2003.doe I,,,� 3 `/ j SALT LAKE CITY ORDINANCE No. of 2003 • (Amending the City Zoning Code to allow for portable signs in certain zoning districts) AN ORDINANCE AMENDING THE CITY ZONING CODE TO ALLOW FOR PORTABLE SIGNS IN CERTAIN ZONING DISTRICTS. WHEREAS, on May 13, 2003, the Salt Lake City Council adopted Ordinance No. 26 of 2003 enacting temporary zoning regulations for portable signs in certain zoning districts; and WHEREAS, on September 10, 2003, the City Council adopted Ordinance No. 65 of 2003 amending the prior ordinance; and WHEREAS, after having held public hearings before the Planning Commission and the City Council, the City Council desires to amend the City's zoning ordinance to make the display of portable signs, as authorized in the temporary zoning regulation, ID permanent; and WHEREAS,the City Council has determined that the proposed amendments are in the best interest of the City; NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. Section 21A.46.030.I of the Salt Lake City Code shall be and hereby is amended to read as follows: I. Permission Required for Signs and Marques on or Over Public Right of Way: Except for portable signs authorized pursuant to section 21A.46.055 below, signs,marques and other structures encroaching on or over the public sidewalk or on or over a public right of way shall obtain permission from the City pursuant to the City's right of way encroachment policy. SECTION 2. Section 21A.46.040.N of the Salt Lake City Code shall be and • hereby is enacted to read as follows: N. Portable Signs: Portable signs as authorized pursuant to Section 21A.46.055 below. SECTION 3. Section 21A.46.055 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 21A.46.055 Temporary Portable Signs. Pursuant to the terms and conditions set forth in this ordinance,portable signs shall be allowed on public property in Residential Business (RB)., Residential Mixed Use (RMU),Neighborhood Commercial (CN), Community Business (CB), Community Shopping(CS), Commercial Corridor(CC), Sugar House Business (CSHBD), General Commercial (CG), Light Manufacturing(M1),Heavy Manufacturing(M2), Central Business District (D1), Downtown Support (D2), Downtown Warehouse/Residential (D3),Downtown Secondary Central Business District (D4), Gateway-Mixed Use(GMU) and Business Park(BP)zoning • districts. Such portable signs may only be displayed during the hours of 8:00 a.m. to 11:00 p.m. During other periods all such portable signs must be removed. A. Size: The maximum size of such portable signs shall not exceed four feet(4') in height and three feet(3') in width on a sidewalk. Illumination and other attached decorations or objects on such signs are prohibited. B. Location: Within the zoning districts identified above, any person may display a free standing portable sign on the City owned right of way (sidewalk or park strip). Signs may not be attached to any utility poles., traffic signs,newsracks or any other item or fixture in the public way. The usable sidewalk space must remain unobstructed. Unobstructed sidewalk space must be at least four feet (4) in all areas except the Central Business District where it must be at least six feet(6'). In addition, any portable sign may not be placed in any location that would obstruct any ADA accessible feature. C. Construction: All portable signs must be built so as to be reasonably stable and to withstand expected wind and other weather elements. • 2 • SECTION 4. Section 21A.46.070.K of the Salt Lake City Code shall be and hereby is amended to read as follows: K. Signs on Public Property: Except for portable signs authorized pursuant to Section 21A.46.055 above.,no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized public agency. SECTON 5. 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 , 2003. CHAIRPERSON ATTEST AND COUNTERSIGN: • CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. ROSS C.ANDERSON MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2003. Published: G:\Ordinance 03\Amending Code to allow for portable signs-Oct 16,2003.doc • 3 • • Exhibit 3 CITY COUNCIL HEARING NOTICE • Transmittal of Petition 400-03-26 • NOTICE OF PUBLIC HEARING The Salt Lake City Council will hold a public hearing and consider adopting an ordinance to amend the text of Chapter 21A.46 of the Salt Lake City Zoning Ordinance by creating regulations for portable signs in certain districts The City Council will hold a public hearing: Date: Time: 7:00 p.m. Place: Room 315 (City Council Chambers) Salt Lake City and County Building • 451 S. State Street Salt Lake City,UT *Please enter the building from the east side* You are invited to attend this hearing, ask questions or provide input concerning the topic listed above. If you have any questions, contact Joel Paterson at 535-6141 between the hours of 8:00 a.m. and 5:00 p.m., or send e-mail to joel.paterson@slcgov.com We comply with all ADA guidelines. Accessible parking and entrance are located on the east side of the building. Hearing impaired who wish to attend the above meeting should contact Salt Lake City's TDD service number at 535-6021, a minimum of four days in advance so that an interpreter can be provided. Transmittal of Petition 400-03-26 • • Exhibit 4 MAILING LABELS • Transmittal of Petition 400-03-26 . Wynn Johnson Katherine Gardner Ana Archuleta GREATER AVENUES CAPITOL HILL CENTRAL CITY 852 Northcliffe Drive 606 De Soto Street 204 E Herbert Avenue Salt Lake City, Utah 84103 Salt Lake City, Utah 84103 Salt Lake City, Utah 84111 "'Catherine New Jeff Davis Chris Viavant LIBERTY WELLS PEOPLES FREEWAY RIO GRANDE P.O. Box#521744 1407 South Richards Street 404 South 400 West Salt Lake City, Utah 84152-1744 Salt Lake City,Utah 84115 Salt Lake City, Utah84101-2201 Dave Mortensen Ellen Reddick ARCADIA HEIGHTS/BENCHMARK BONNEVILLE HILLS 2278 Signal Point Circle 2177 Roosevelt Ave FOOTHILL/SUNNYSIDE Salt Lake City, Utah 84109 Salt Lake City,Utah 84108 Vacant Shawn McMillen Mike Zuhl Paul Tavler H ROCK INDIAN HILLS OAK HILLS 1855 South 2600 Fast 2676 Comanche Dr. 1165 Oakhills Way Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City,Utah 84108 Doug Foxley Jeffrey Mullins Tim Dee ST. MARY'S SUNNYSIDE EAST ASSOC. SUNSET OAKS 1449 Devonshire Dr. 873 S.Woodruff Way 1575 Devonshire Dr. Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 Salt Lake City, Utah 84108 �Beth Bowman Kenneth L. Neal Tom Bonacci VASATCH HOLLOW ROSE PARK YALECREST 1445 E.Harrison Ave. 1071 North Topaz Dr. 1024 South 1500 East Salt Lake City, Utah 84105 Salt Lake City, Utah 84116 Salt Lake City, Utah 84105 Carol Goode Boris Kurz Angie Vorher EAST CENTRAL EAST LIBERTY PARK JORDAN MEADOWS 823 South 1000 East 1203 South 900 East. 1988 Sir James Dr. Salt Lake City, Utah 84102 Salt Lake City, Utah 84105 - Salt Lake City, Utah 84116 John Storrs Jilene Whitby Kadee Nielson POPLAR GROVE STATE FAIRPARK WESTPOINTE 1028 West 500 South 846 W 400 N. 1410 N.Baroness Place. Salt Lake City, Utah 84104 Salt Lake City, Utah 84116 Salt Lake City, Utah 84116 Helen Peters Jesse Draper -� SUGAR HOUSE WEST SALT LAKE -o.e.-lt (C V o -i 2803 Beverly Street 863 Fremont Ave_ 2f-f50 6 La4n bcAvrrV4{ Salt Lake City, Utah 84106 Salt Lake City, Utah 84104 LC j Lt,T i,06 b Roert Farrington Updated September 25, 2003 g �� �R �'Yg v� JC Downtown Alliance f75 E. 400 S. Ste. 600 �37 5• sfz, S/ vty, SLC, UT 84111 SLC, err y)J/ ®09i5 JoJ ale1dwal as fl w jslaa4S paai yloows Tony Caputo Mary Corporon Gregory Gruber Tony Caputo Market and Deli Corporon and Williams McDonalds Restaurants 308 West 300 South 808 E South Temple 8318 S Ridge Point Road Salt Lake City,Utah 84101 Salt Lake City,Utah 84102 Sandy,Utah 84093 • Rebecca Guevara Peter Caroon Peggy Lander Art House Graphic Studio Vest Pocket Business Coalition Richter 7 182 South 600 East 444 South 700 East 280 South 400 West#200 Salt Lake City,Utah 84102 Salt Lake City,Utah 84102 Salt Lake City,Utah 84101 Ylanda Sanchez Carol Diblee Arts Place Downtown Merchants Association do 553 Garn Way 9 E Exchange Place, 9th Floor Salt Lake City,Utah 84104 Salt Lake City,Utah 84111 • • Exhibit 5 PLANNING COMMISSION • Transmittal of Petition 400-03-26 • Exhibit 5a PLANNING COMMISSION HEARING NOTICE AND POSTMARK• Transmittal of Petition 400-03-26 A. LOUIS ZUNGUZE it__�a_U�GA ORI�� [ ROSS C.ANDERSON PLANNING DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR • BRENT B.WILDE PLANNING AND ZONING DIVISION DEPUTY PLANNING DIRECTOR DOUGLAS L.WHEELWRIGHT, AICP DEPUTY PLANNING DIRECTOR October 7, 2003 NOTICE OF PUBLIC HEARING The Salt Lake City Planning Commission has received Petition 400-03-26,by the Salt Lake City Administration to amend Chapter 21A.46 Signs to allow portable signs in certain zoning districts. The Planning Commission will hold an informal hearing to accept public comment on: October 22, 2003 Salt Lake City County Building 451 South State Street Room 326 6:30 P.M. Since it is very difficult for us to inform all interested parties about this request, we would appreciate you discussing this matter with your neighbors and informing them of the hearing. If you are the owner of rental properties, please inform your tenants of this meeting. If you have any questions on this issue, please call Joel Paterson (535-6141). Copies of the staff report are available at the Planning Division Office after 5:00 P.M the Friday before the public hearing. The Planning Division is located in the City & County Building,451 South State Street,Room 406. Respectfully, y,` oel Paterson,AICP Senior Planner We comply with all ADA guidelines. Assistive listening devices and interpreter services provided upon 24-hour advance request. • 451 SOUTH STATE STREET, ROOM 406,SALT LAKE CITY, UTAH B41 1 1 TELEPHONE:801-535-7757 FAX:801-535-6174 :: RECYCLED PAPER A. LOUIS ZUNGUZE .�� lilkle v JI emeRimmANi ROSS C.ANDERSON PLANNING DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR BRENT B.WILDE PLANNING AND ZONING DIVISION DEPUTY PLANNING DIRECTOR • DOUGLAS L.WHEELWRIGHT,AICP DEPUTY PLANNING DIRECTOR October 7, 2003 NOTICE OF PUBLIC HEARING The Salt Lake City Planning Commission has received Petition 400-03-26,by the Salt Lake City Administration to amend Chapter 21A.46 Signs to allow portable signs in certain zoning districts. The Planning Commission will hold an informal hearing to accept public comment on: October 22, 2003 Salt Lake City County Building 451 South State Street Room 326 • 6:30 P.M. Since it is very difficult for us to inform all interested parties about this request, we would appreciate you discussing this matter with your neighbors and informing them of the hearing. If you are the owner of rental properties, please inform your tenants of this meeting. _ If you have any questions on this issue, please call Joel Paterson (535-6141). Copies of the staff report are available at the Planning Division Office after 5:00 P.M the Friday before the public hearing. The Planning Division is located in the City & County Building,451 South State Street,Room 406. Respectfully, _ oel Paterson,AICP Senior Planner We comply with all ADA guidelines. Assistive listening devices and interpreter services provided upon 24-hour advance request. • 451 SOUTH STATE STREET,ROOM 406,SALT LAKE CITY,UTAH B41 1 1 TELEPHONE:801-535-7757 FAX:801-535-61 74 :. EnOLEO.A.EIe 11/- NOTICE OF PUBLIC HEARING Salt Lake City Planning Division k :14:riTAGE,*; Attn: Joel Paterson A.! 451 S. State Street, Room 406 / fjCiqra3 n 7 Salt Lake City,UT 84111 1.‘44z1 • Lf.z- I • • Exhibit 5b PLANNING COMMISSION STAFF REPORT • Transmittal of Petition 400-03-26 DATE: October 17,2003 • TO: Salt Lake City Planning Commission FROM: Joel G. Paterson,AICP Senior Planner Telephone: 535-6141 E-mail: joel.paterson@slcgov.com RE: Staff Report for the October 22, 2003 Planning Commission Meeting CASE NUMBER: 400-03-26 APPLICANT: Salt Lake City Administration • STATUS OF APPLICANT: Salt Lake City Administration PROJECT LOCATION: The proposed text amendment will affect the placement of portable temporary signs in the following zoning districts: Residential Business(RB),Residential Mixed Use(RMU),Neighborhood Commercial (CN), Community Business(CB), Community Shopping(CS), Commercial Corridor(CC), Sugar House Business(CSHBD), General Commercial (CG), Light Manufacturing(M- 1), Heavy Manufacturing(M-2),Central Business district(D-1),Downtown Support(D- 2), Downtown Warehouse/Residential(D-3),Downtown Secondary Central Business District(D-4), Gateway-Mixed Use (G-MU) and Business Park(BP). COUNCIL DISTRICT: District 1, Council Member Christensen District 2, Council Member Turner District 3, Council Member Jergensen District 4, Council Member Saxton District 5, Council Member Remington Love District 6, Council Member Buhler District 7, Council Member Lambert • Planning Commission Staff Report Petition 400-03-26 —1— REQUESTED ACTION: The applicant is requesting to amend the text of the Chapter 21A.46 Signs of the Salt Lake City Zoning Ordinance by creating regulations for portable signs in certain districts(see the list of affected zoning districts listed above). • PROPOSED ZONING TEXT AMENDMENT: The proposed text amendment is an extension of a temporary measure adopted by the City Council to allow portable signs in the public right-of-way. The signs must be freestanding and may not be attached to any pole or public furniture. Size limitations apply. A minimum clear walking area must be maintained. APPLICABLE LAND USE REGULATIONS: Chapter 21A.46 Signs Purpose: The regulations of this chapter are intended to: 1. Eliminate potential hazards to motorists and pedestrians by requiring that signs are designed, constructed, installed and maintained in a manner that promotes the public health, safety and general welfare of the citizens of Salt Lake City; 2. Encourage signs which, by their good design, are integrated with and harmonious to the buildings and sites, including landscaping,which they occupy; 3. Encourage sign legibility through the elimination of excessive and confusing • sign displays; 4. Preserve and improve the appearance of the city as a place in which to live and to work, and create an attraction to nonresidents to come to visit or trade; 5. Allow each individual business to clearly identify itself and the nature of its business in such a manner as to become the hallmark of the business which will create a distinctive appearance and also enhance the city's character; 6. Safeguard and enhance property values; and _ 7. Protect public and private investment in buildings and open space. Prior to the enactment of the temporary regulations, Salt Lake City did not permit portable signs on public property. MASTER PLAN SPECIFICATIONS: The Urban Design Element encourages signage that provides ample opportunities for business to advertise products and services without having a detrimental effect upon the community. Guidelines for signs include: Require signs within a view corridor to be low profile and preferably mounted parallel to the building surface. Encourage sign design as an integral part of the design of buildings and developments. SUBJECT HISTORY: In May, 2003, acting on a request by the City Administration, the City Council enacted temporary zoning regulations for portable signs on City-owned • Planning Commission Staff Report Petition 400-03-26 —2— right-of-way(sidewalk or park strip)in certain zoning district to encourage and facilitate • additional retail activity in the City and to promote such activities. Under State law, temporary regulations may be enacted for a period of six month and the existing temporary regulations will expire on November 13, 2003. The proposed text amendment will codify the portable sign standards to ensure continuous on-going regulation of these signs. COMMENTS,ANALYSIS AND FINDINGS: 1. COMMENTS: Community Council: Notice of this hearing was sent to all the Community Council chairs,Downtown Alliance/Chamber of Commerce, Downtown Merchants Association,Vest Pocket Business Coalition and the Business Advisory Board. No comments,correspondence or other type of communication has been received by Staff from any of these organizations. 2. ANALYSIS AND FINDINGS A decision to amend the text of the zoning ordinance or the zoning map is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. However, in making its decision concerning a proposed • amendment,the Planning Commission and the City Council must consider the following factors: 21A.50.050 Standards for General Amendments A. Whether the proposed amendment is consistent with the purposes, goals, objectives, and policies of the adopted general plan of Salt Lake City. Discussion: The Urban Design Element calls for signage policies that allow ample advertising without having a detrimental effect upon the City. Some other cities allow a-frame and portable signs on a limited basis,but there is a broad range of associated regulations from distance limitations to outright prohibitions. Other alternatives to portable signs include the development of an aesthetically coordinated directional signage system to provide information without clutter. For example: many rapidly growing cities in the Palm Springs area have directional signage at major intersections to direct potential home buyers to new subdivisions. These signs are coordinated by the City to be aesthetically uniform, but open to all developers. This eliminates the need for multiple off-premise signs at each intersection. The City of Midway,Utah uses small directional signs, similar to street signs but different in color,to direct traffic to resorts within the community. • Planning Commission Staff Report Petition 400-03-26 —3— The existing way-finding signage system in Salt Lake City could be modified to accept directional signage to individual businesses. This could be done with an associated fee to maintain and keep the system current. • Findings: A-frame and other portable signs may provide for short-term or limited business needs,but there remains a demand for a long-term directional signage system. B. Whether the proposed amendment is harmonious with the overall character of existing development in the immediate vicinity of the subject property. Discussion: The use of A-frame signs and other signs in the public right-of-way has been prohibited since the early 1970's largely because they had resulted in a cluttered and confusing streetscape. Because the right-of-way is public,concerns over First Amendment issues regarding regulating content are heightened. For example,political and personal speech is generally protected more than commercial speech, therefore if commercial speech(store advertising)is allowed; it is difficult to regulate other forms of speech. These concerns, in part,resulted in the prohibition of advertising in the right-of-way. Conversely,the use of portable signs has provided many small businesses with visibility. The signs generally respond to a pedestrian scale and provide some variety to the sidewalk. Findings: The use of portable signs may have a positive effect on immediately • adjacent business but also run the potential for clutter and abuse. C. The extent to which the proposed amendment will adversely affect adjacent properties. Discussion: One of the reasons advertising in the public right of way was prohibited in the 1970's was because of the tendency to place advertising signs for a business in front of a competing business. There is no location requirements associated with proposed ordinance. Findings: There is a potential for abuse of the portable signs,which would have negative effect on adjacent land uses. D. Whether the proposed amendment is consistent with the provisions of any applicable overlay zoning districts which may impose additional standards. Discussion: Portable signs may or may not be consistent with historic districts. Because portable signs are not permanent or attached to historic structures, they would not be subject to Historic Landmark review. Other overlay districts(South State Street, Groundwater Source Protection, etc.) are not affected by the ordinance. Planning Commission Staff Report Petition 400-03-26 —4— • Findings: Overlay districts are not affected by the proposed zoning amendment. E. The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways,parks and recreational facilities, police and fire protection, schools, storm water drainage systems, water supplies, and waste water and refuse collection. Discussion: The proposed regulation requires that the portable signs not interfere with pedestrian traffic. A 4 foot pedestrian pathway must be maintained on all sidewalks, except Downtown where it is 6 feet. Because the signs are portable,they are easily removable if they are incorrectly placed. Findings: The proposed zoning amendment does not affect public facilities and services. RECOMMENDATION: Based on the analysis and the findings presented in this report, the Staff recommends that the Planning Commission forward a positive recommendation to the City Council to approve Petition 400-03-26 to amend the zoning ordinance text to allow portable signs. The Staff also recommends that the Planning Commission forward a recommendation • that the issue of portable signs be considered a temporary or limited remedy until the administration devises a more aesthetically coordinated system of directional signage. Attachments: 1. Proposed Ordinance. 2. Photographs of A-frame signs that are in use as of October 2003. Planning Commission Staff Report Petition 400-03-26 —5— • • ATTACHMENT 1 PROPOSED ORDINANCE Planning Commission Staff Report Petition 400-03-26 Draft SALT LAKE CITY ORDINANCE • No. of 2003 (Amending the City Zoning Code to allow for portable signs in certain zoning districts) AN ORDINANCE AMENDING THE CITY ZONING CODE TO ALLOW FOR PORTABLE SIGNS IN CERTAIN ZONING DISTRICTS. WHEREAS, on May 13, 2003,the Salt Lake City Council adopted Ordinance No. 26 of 2003 enacting temporary zoning regulations for portable signs in certain zoning districts; and WHEREAS, on September 10, 2003, the City Council adopted Ordinance No. 65 of 2003 amending the prior ordinance; and WHEREAS, after having held public hearings before the Planning Commission and the City Council,the City Council desires to amend the City's zoning ordinance to • make the display of portable signs, as authorized in the temporary zoning regulation, peiuianent; and WHEREAS, the City Council has determined that the proposed amendments are in the best interest of the City; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. Section 21A.46.030.I of the Salt Lake City Code shall be and hereby is amended to read as follows: I. Permission Required for Signs and Marques on or Over Public Right of Way: Except for portable signs authorized pursuant to section 21A.46.055 below, signs,marques and other structures encroaching on or over the public sidewalk or on or over a public right of way shall obtain permission from the City pursuant to the City's right of way encroachment policy. • SECTION 2. Section 21A.46.040.N of the Salt Lake City Code shall be and hereby is enacted to read as follows: • N. Portable Signs: Portable signs as authorized pursuant to Section 21 A.46.055 below. SECTION 3. Section 21A.46.055 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 21A.46.055 Temporary Portable Signs. Pursuant to the terms and conditions set forth in this ordinance, portable signs shall be allowed on public property in Residential Business (RB), Residential Mixed Use (RMU),Neighborhood Commercial (CN). Community Business (CB), Community Shopping(CS), Commercial Corridor(CC), Sugar House Business(CSHBD), General Commercial (CG), Light Manufacturing(Ml),Heavy Manufacturing (M2), Central Business District (D1), Downtown Support(D2),Downtown Warehouse/Residential (D3), Downtown Secondary Central Business District(D4), Gateway-Mixed Use(GMU) and Business Park(BP)zoning districts. Such portable signs may only be displayed during the hours of 8:00 a.m. to 11:00 p.m. During other periods all such portable suns must ID removed. A. Size: The maximum size of such portable signs shall not exceed four feet(4') in height and three feet (3') in width on a sidewalk. IIlumination and other attached decorations or objects on such signs are prohibited. B. Location: Within the zoning districts identified above? any person may display a free standing portable sign on the City owned right of way (sidewalk or park strip). Signs may not be attached to any utility poles, traffic signs,newsracks or any other item or fixture in the public way. The usable sidewalk space must remain unobstructed. Unobstructed sidewalk space must be at least four feet(4')in all areas except the Central Business District where it must be at least six feet(6'). In addition, any portable sign may not be placed in any location that would obstruct any handicapped feature. C. Construction: All portable signs must be built so as to be reasonably stable and to withstand expected wind and other weather elements. 2 • SECTION 4. Section 21A.46.070.K of the Salt Lake City Code shall be and hereby is amended to read as follows: K. Signs on Public Property: Except for portable sims authorized pursuant to Section 21A.46.055 above, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by peunission of an authorized public agency. SECTON 5. 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 , 2003. CHAIRPERSON • ATTEST AND COUNTERSIGN: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. - ROSS C. ANDERSON MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2003. Published: G'Ordinance 03W tim ding Code to allow for portable signs-Oct 16,2003.doc 3 • • ATTACHMENT 2 Photographs 0 Planning Commission Staff Report Petition 400-03-26 ... . " ' y' - „ . . ' li: -, E, _Ott►.£ '°""'�o+>aQa�.."_. 4 ' ;', __ yx=ieT y,xt. - . g. • r'� Din a�tt,b- .,: .; -•,.. ; a".a"f,.:11 M., '.,�. �-r.�. -a,,,, ee}} }�,{ma`yy 4 µa`1t -`=' ,;. ,-;4,, .,-.-,., Q'J�fJe .il.,R_k -...r�`r `t1• t _ q�• :y<� .-4F.'f:5I _ _ _ 8 ,o5 : M/'4":,:`. tsy ..: ="4 • W ,, R'�s`v ,X'k.`;•'Kea ��<« v'.y',.J2--as=' -N>.:�€w :ti n"S.sSk'^`.,- _- c�ce,xz:.s x'}"''. 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PUBLIC HEARINGS a. PUBLIC HEARING at 6:00 p.m. — Petition No. 400-03-18, by the Salt Lake City Planning Commission, requesting staff to analyze the appropriateness of amending the Northwest Community Master Plan to identify the properties on the northeast section of the intersection of 700 North and Redwood Road, as commercial rather than low density residential. The properties include those between 726 and 766 North and Redwood Road and the properties between 1612 and 1640 West 700 North. (Staff— Cheri Coffey at 535-6188) • b. PUBLIC HEARING at 6:30 p.m. — Petition No. 400-03-26, by Salt Lake City Administration to amend Chapter 21A.46 of the zoning ordinance, to allow portable signs in certain zoning districts. (Staff—Joel Paterson at 535-6141 or joel.patersonlaa slcgov.com) c. PUBLIC HEARING at 7:00 p.m. — Petition No. 400-03-21, by the Salt Lake City Planning Commission, requesting to amend the Salt Lake City zoning map, by changing the zoning of the property located at 622, 624 and 626 South 1100 East from Institutional (I)to Single- and Two-family (R-2) Residential. (Staff—Joel Paterson at 535-6141 or joel.paterson(o�slcgov.com) 4. UNFINISHED BUSINESS Salt Lake City Corporation complies with all ADA guidelines. If you are planning to attend the public meeting and,due to a disability,need assistance in understanding or participating in the meeting,please notify the City 48 hours in advance of the meeting and we will try to provide whatever assistance may be required. Please call 535-7757 for assistance. • PLEASE TURN OFF CELL PHONES AND PAGERS BEFORE THE MEETING BEGINS. AT YOUR REQUEST A SECURITY ESCORT WILL BE PROVIDED TO ACCOMPANY YOU TO YOUR CAR AFTER THE MEETING. THANK YOU. COMMUNITY AND ECONOMIC DEVELOPMENT•PLANNING DIVISION•451 SOUTH STATE STREET,ROOM 406•SALT LAKE CITY,UT 84111 TELEPHONE:801-535-7757•FAX 801-535-6174 DRAFT Petition No. 400-03-26, by Salt Lake City Administration to amend Chapter • 21A.46 of the zoning ordinance, to allow portable signs in certain zoning districts. This hearing began at 6:48 p.m. Senior Planner Joel Paterson presented the petition as written in the staff report. He stated that earlier this year the Administration approached the City Council and requested that they adopt temporary regulations that would allow portable signs to be placed in the public right-of-way. In May of this year the City Council adopted those temporary regulations. Under State law the temporary regulations are enacted for a period of not more then six months and our regulations will expire on November 13, 2003. This petition is intended to codify those regulations in the zoning ordinance to ensure the continuous regulation of the portable signs. The definition of a portable sign is a free standing sign located in the public right-of-way, which is defined as the sidewalk or park strip. Portable signs can be a maximum of 4-feet high and 3-feet wide. A portable sign must provide adequate space for pedestrian movement, which is no less than 6-feet in the Downtown area and 4-feet throughout the rest of the City. Portable signs can not obstruct ADA required features. Mr. Paterson said that many other Cities throughout the country allow portable signs; however, the regulations vary widely from out right prohibition to spacing or distance requirements. Portable signs have been prohibited in Salt Lake City since the early 1970's, due to concerns • that the portable signs would contribute to a cluttered streetscape, and there were no regulations for placing a sign in front of a competing business. He noted that the current petition does not provide those kinds of regulations at this time. As the location of portable signs is proposed to be in the public right-of-way, there are concerns with first amendment rights. It is very difficult to regulate the content of signs. If this petition is approved, a wider range of signs is anticipated because the City does not regulate the content of a sign. The Administration believes that portable signs have provided many small businesses with additional visibility and contribute to the pedestrian scale and streetscape. Based on the analysis and the findings presented in the staff report, the Staff recommends that the Planning Commission forward a positive recommendation to the City Council to approve Petition 400-03-26 to amend the zoning ordinance text to allow portable signs. The Staff also recommends that the Planning Commission forward a recommendation that the issue of portable signs be considered a temporary or limited remedy until the administration devises a more aesthetically coordinated system of directional signage. Commissioner Scott referred to the aesthetically and coordinated system of directional signage, and asked if that is a current project. Mr. Zunguze answered that it is a current project that is still being worked on. To develop such a system; the City or business community would need to sponsor such a program. He said that there is a lot more work and negotiation that needs to take place. Staff did • not have adequate time to get all of that done before the moratorium lapses. He SLC Planning Commission Minutes 1 October 22, 2003 DRAFT said that the proposal before the Commission has been in force for the last six months and the City has not seen the negative elements that were anticipated. • He said that Staff is working to address the number of signs a business could potentially have. He expects that only the businesses that are concerned with the need to advertise will bother with portable signs. Those businesses are predominantly in the Downtown area. Commissioner Scott worried that a majority of signs in the Downtown area are advertising signs rather than directional signs. Mr. Zunguze said that it is difficult to tell a directional sign from an advertising sign, because most do both. He said that ultimately the City does not want to regulate the content of a sign. It is time; place and manner issues that the City intends to address. Chair Jonas asked for the City Attorney's view on this issue. Mr. Boyd Ferguson, Assistant City Attorney, stated that if there is going to be a directional sign program it will constitute government speech, which is a new and difficult area of the law. The purpose of this petition is to enliven Downtown and help the retailers. The City Council feared that the area may become overrun with political signs if portable signs were allowed. He said that he advised them that if portable signs are allowed the City can not regulate the content of a sign. He said that the current petition is a good temporary solution. • Commissioner Seelig said that she appreciates the notion of wanting to do it right. She also recognizes some of the concerns that have been raised particularly about the competing businesses. She asked if it is possible to attach a sunset date to the petition to ensure that the Commission would see this again. Mr. Ferguson answered that that is certainly legal. Commissioner Seelig referred to section 3, item B, under the proposed language in the staff report, the last sentence "in addition any portable sign may not be placed in any location that would obstruct any handicapped feature." She asked for clarification by including ADA acceptable language. Commissioner McDonough offered that the language be changed to read "ADA accessible feature". Commissioner Seelig accepted that. Chair Jonas asked if the City could regulate the number of signs in an area. He referred to the Mall and the large number of tenants. He said that conceivably with the current ordinance every Mall tenant could place portable signs in the public right-of-way. Mr. Ferguson answered that that is a time, place and manner issue which the City can regulate. He asked the Commission how they propose to regulate the • SLC Planning Commission Minutes 2 October 22,2003 DRAFT number of portable signs, for example if the limitation was three signs per block • face and there are five businesses on the block face. Would the limitation be on a first come first served basis. Mr. Zunguze stated that, that is one of the challenges Staff is currently addressing. He noted that Staff has had the benefit of experience with this issue because it has been in place for the past six months. He reiterated that there have not been as many abuses as Staff initially anticipated. Chair Jonas said that the amount of portable signs is probably not going to increase based on the approval of this petition. Mr. Zunguze said he is concerned with attaching a sunset date to this petition because it may amount to a second moratorium. Mr. Ferguson said that it would not be a moratorium if the sunset date were longer than six months. Commissioner Seelig said that her intent with the sunset date is that the issue of the number of signs allowed would be addressed. Commissioner Scott offered the scenario of a conditional use or nonconforming use business using a portable sign and she asked if that business would be in • violation because they are not in one of the prescribed areas. Mr. Paterson answered that that is correct; the ordinance just allows portable signs in specific zones. Commissioner Chambless was concerned that the Downtown area would be overrun with political signs. Mr. Ferguson answered that was expected to be the case for the past six months but it did not materialize. Commissioner Daniels asked if this proposal encompasses the sandwich boards that people actually wear and walk around the street to advertise. Mr. Zunguze answered that that is a free speech issue and the City does not regulate that currently. Commissioner Diamond asked how the appropriate timeline should be determined for the sunset date. Commissioner Seelig said that she recognizes that there are many issues with this ordinance and she also appreciates the Administration's effort to study the proposal further. That is why she suggested the sunset date should be six months. Mr. Ferguson said that that may look like another moratorium. SLC Planning Commission Minutes 3 October 22, 2003 DRAFT Mr. Zunguze suggested that the Commission send a separate recommendation to City Council that would say that the Commission would like Staff to address • the remaining issues by whatever date the Commission decides, as long as it is longer than six months to avoid the impression of a second moratorium. Mr. Ferguson said that City Council has done that on other ordinances and the Attorney's Office takes that as clear direction that they need to work closely with Staff to get the associated issues addressed. Commissioner Chambless suggested that the Commission set the date for the second week in November after the election. Commissioner Scott said that she thought the original regulations were a temporary measure to allow time for Staff to make a priority and carry out the execution of a coordinated directional system. She asked if this is how we want our City to look in the long term. Chair Jonas clarified that the original regulations were a test to study if portable signs could be beneficial to merchants. He said that the Administration has decided according to the test, that this has worked in an orderly fashion and that they want to go forward with a longer term solution. The Administration is not prepared to present that solution at this point so they would like to extend the temporary solutions to further study the issues. Commissioner McDonough clarified that the solution that would go beyond this • proposal would come back as an amendment to this petition and therefore an ordinance. Mr. Zunguze said that Staff would be augmenting this ordinance to take away the potential for abuses discussed tonight, regarding the numbers of portable signs that should be allowed. Commissioner McDonough felt that it is reasonable for the Commission to ask for an appropriate date to see the final language and the results of this experiment. She said that it would be informative to extend this for an additional length of time. She felt that five weeks before the election next year would be an appropriate time to see the results. Commissioner Diamond asked if this is the necessary solution for the merchants or are the other ordinances too stringent for businesses. Mr. Paterson answered that those are concerns that Staff has and those value judgments would be a part of the continuing study. Commissioner Diamond suggested that Staff look at where the portable signs are being placed. Mr. Paterson agreed. • SLC Planning Commission Minutes 4 October 22,2003 • DRAFT • Chair Jonas suggested that this be an item for the banner signs subcommittee to review and discuss relevant concerns with this proposal. Mr. Zunguze said that the Commission's comments are well taken. He said that Staff will come back and address the Commission's concerns. Commissioner Muir asked if the Commission has the time to table this item, the Moratorium expires by November 13, 2003. Mr. Zunguze said that the City Council is well aware of the issues that the Commission has raised this evening and there is no way that Staff could come back to the Commission and give the solutions to this very protracted challenges prior to the time of the expiration of the current moratorium. Commissioner Muir said that he recommends that the Commission move forward with this petition and assign a sunset date. He added that the merchants are struggling especially going into the holiday season. Chair Jonas opened the public hearing. Ms. Linda Pak a resident of 507 Heritage Center addressed the Commission to say that she feels that the Staff proposal is a good solution. She felt that portable • signs are appealing. Commissioner Scott asked Ms. Pak if it would be an unpleasant experience if every business displayed portable signs. Ms. Pak said that it does not seem to be a problem at this point but if there were an overwhelming amount along the street that would be blight. Ms. Tarah Young a resident of 932 South 200 West, addressed the Commission to say that the businesses along Main Street need help with advertising. She said that from personal experience she could see problems arising from placing a sign in front of a competing business but she supported the continuation of the experiment. Chair Jonas closed the public hearing. Motion Commissioner Muir made a motion based upon the analysis of Staff and the findings presented in the staff report he recommended that the Planning Commission forward a positive recommendation to City Council to approve the petition 400-03-26 to amend the zoning ordinance text to allow portable signs and a subsequent review to augment the remaining pieces by mid November • 2004. Commissioner Galli seconded the motion. SLC Planning Commission Minutes 5 October 22, 2003 DRAFT • Commissioner Scott asked to amend the motion to include the priority that the • Administration devises a more aesthetically coordinated system of directional signage. Commissioner Muir accepted the amendment. Commissioner Galli accepted the amendment as well. Chair Jonas referred to the discussion of changing the language of ADA accessible features and asked that that be incorporated into the motion. Commissioner Muir accepted the amendment. Commissioner Galli accepted the amendment as well. Amended Motion Commissioner Muir made a motion based upon the analysis of Staff and the findings presented in the staff report he recommended that the Planning Commission forward a positive recommendation to City Council to approve the petition 400-03-26 to amend the zoning ordinance text to allow portable signs and a subsequent review to augment the remaining pieces by November 15, 2004, with the addition that the Administration devises a more aesthetically coordinated system of directional signage, and that language of the last sentence of section 3 item B be modified to read "in addition any portable sign may not be • placed in any location that would obstruct any ADA accessible feature.". Commissioner Galli seconded the motion. Commissioner Chambless, Commissioner Daniels, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, Commissioner Muir, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted "Aye". Jeff Jonas as Chair did not vote. All voted in favor, and therefore the motion was approved. SLC Planning Commission Minutes 6 October 22,2003 • • Exhibit 6 ORIGINAL PETITION • Transmittal of Petition 400-03-26 PETITION NO. yY t - O 3 -p-C • PETITION CHECKLIST Date Initials Action Required Petition delivered to Planning /(O/b/a 5 /��eT Petition assigned to: `f i jscr � 1e(-27J03 4 '> Planning Staff or Planning Commission Action Date /O/Z/a3 l' Return Original Letter and Yellow Petition Cover ip/Z)/d 3 Chronology , 4 i.,..„(//i--7 Property Description (marked with a post it note) 1 4- Affected Sidwell Numbers Included �� �� Mailing List for Petition, include appropriate Community Councils• 402 ,/ Mailing Postmark Date Verification Planning Commission Minutes /d t.� 0 3 PlanningStaff Report / � ��� P /O/7 47 Cover letter outlining what the request-is and a brief description of what action the Planning Commission or Staff is recommending. /00 7,3 Ordinance Prepared by the Attorney's Office to Ordinance property description is checked, dated and initialed by the Planner. Ordinance is stamped by / Attorney. 'L /� Planner responsible for taking calls on the Petition r3c 4,/4/ jo -1 p4J-e_r vrr(0S k i e V.Gcrfr.-r Date Set for City Council Action _ 0 Petition filed with City Recorder's Office •MARXS Petition No.00-03-26 • gy City Administration Is requesting amendment of Temporary Zoning Regulartions for Portable Signs in Certain Zoning Districts. Date Filed Address