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Transmittal - 6/30/2022DEPARTMENT of ECONOMIC DEVELOPMENT ERIN MENDENHALL MAYOR BEN KOLENDAR DIRECTOR CITY COUNCIL TRANSMITTAL _______________________ Date Received: ___________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ __________________________________________________________________ TO: Salt Lake City Council DATE: June 28, 2022 Dan Dugan, Chair FROM: Ben Kolendar, Director - Department of Economic Development SUB JECT: Sugar House Special Assessment Area (SAA) Due Diligence Findings STA FF CONTACTS: Will Wright, Project Manager - William.wright@slcgov.com, Lorena Riffo Jenson, Deputy Director - lorena.riffojenson@slcgov.com DOCUMENT TYPE: Information item RECOMMENDATION : NA BUD GET IMPACT: None. COORDINATION: Representatives from the following entities: Department of Economic Development, Zions Public Finance, Inc., Sugar House Chamber and Community Alliance BACKGROUND/DISCUSSION: In Fall of 2021, the Department of Economic Development (DED) received a request from the Sugar House Chamber and Community Alliance regarding the creation of an economic promotion special assessment area (SAA) for the Sugar House area. In FY22, budget amendment #4, the City Council allocated $60,000 to cover costs associated with the research and feasibility of a special assessment within Sugar House. Since receiving the request, staff members from the Department of Economic Development have convened meetings with representatives from the Sugar House Chamber & Community Alliance (Alliance) and Zions Public Finance (Zions), to discuss the overall process and review potential scenarios for an assessment area. Zions provided three potential base-rate scenarios to the Sugar House Chamber and Community Alliance. In each of the scenarios the boundaries remain the same, due to the majority of the areas outside the boundaries being heavily residential and lacking in commercial properties. 6/30/2022 6/30/2022 Lisa Shaffer (Jun 30, 2022 07:56 MDT) Sugar House Area map/boundaries (Ramona Avenue on the north, 1300 East on the east, I-15 on the south down to Fairmont Park to Sugarmont Drive and then Sugarmont Drive to 900 East and then Simpson Avenue down to 700 East, and 700 E on the west.) Potential Base Rate Scenarios SUGAR HOUSE ASSESSMENT SCENARIO 1 SCENARIO 2 SCENARIO 3 TAXABLE VALUE $457,820,800 $457,820,800 $457,820,800 ASSESSMENT RATE .00142 .00060 .00225 ASSESSMENT AMOUNT GENERATED $650,000 $274,000 $1,030,000 INITIAL ADMINISTRATIVE FEE EXPENSES (ONE-TIME FIXED COSTS) $208,000 $208,000 $208,000 3% RESERVE WITHHELD /CONTINGENCY $19,000 $8,000 $30,000 FINAL BUDGET $423,000 $58,000 $792,000 The Sugar House Chamber & Community Alliance representatives have reviewed each of the scenarios and prefer Scenario 3. They expressed revenues in Scenarios 1 and 2 would be insufficient to manage and operate an economic promotion area. Furthermore, the Alliance believes that an assessment rate of 0.00225 is acceptable to Sugar House commercial property owners, however at increasing rates, the support from property owners would likely wane. Please note that $60,000 would be deducted from $208,000 Administrative fees to reimburse the City’s General Fund, that was allocated in FY22, Budget Amendment #4. Secondary Assessment: Specialty Lighting Due to the regulations of State code, taxable value cannot be the sole assessment method and a secondary assessment is required. The CBIA has, since its inception in the 1990’s, implemented a secondary (holiday/specialty lighting) assessment based on the linear frontage of participating parcels. The Alliance has indicated to DED that they would like the same for Sugar House and that, indeed, holiday and specialty lighting is a primary motivating factor for the business and property owners in the Sugar House area for an assessment area. Zions has provided multiple scenarios for a lighting assessment that satisfies the secondary assessment required by Utah code, including two possible lighting boundary maps and three rate options., Sugar House Lighting Assessment Map/Boundaries Option A (Along 2100 South from 800 East to 1300 East and along 1100 East from Ramona Avenue to Stringham Avenue.) OPTION A COMPARATIVE FEE RATES , REVENUES G ENERATED AND IMPACTS FOR DECORATIVE LIGHTING ANNUAL 3 YEARS DESCRIPTION F RONTAGE LINEAR FEET (LF) F EE PER LF REVENUES GENERATED F EE PER LF REVENUES GENERATED SLC COMPARATIVE TAX RATE 7,468 $4.26 $31,837 $12.79 $95,512 10% INCREASED FEE 7,468 $4.69 $35,021 $14.07 $105,063 20% INCREASED FEE 7,468 $5.12 $38,205 $15.35 $114,614 Option B (Along 2100 South from 700 East to 1300 East and along 1100 East from Ramona Avenue to I- 80.) OPTION B COMPARATIVE FEE RATES , REVENUES G ENERATED AND IMPACTS FOR DECORATIVE LIGHTING ANNUAL 3 YEARS DESCRIPTION F RONTAGE LINEAR FEET (LF) F EE PER LF REVENUES GENERATED F EE PER LF REVENUES GENERATED SLC COMPARATIVE TAX RATE 10,688 $4.26 $45,566 $12.79 $136,698 10% INCREASED FEE 10,688 $4.69 $50,123 $14.07 $150,368 20% INCREASED FEE 10,688 $5.12 $54,679 $15.35 $164,038 The lighting tables above have been taken from Zions proposal and provided to illustrate how an increase of 10% and 20% respectively to the $12.79/linear foot of frontage that the CBIA currently assesses for holiday/specialty lighting, would affect the assessment for both option A and option B. Conclusion The Sugar House Chamber and Community Alliance’s preferred base rate assessment is Scenario 3, with a rate of 0.00225, and a final budget of $702,000 for the 3 -year assessment period. The Alliance’s preferred holiday/specialty lighting assessment Option A with an assessment of $12.49/linear foot of frontage. They prefer the $12.49 as a baseline because it is what is paid by downtown property owners for the CBIA-22 lighting assessment. Ultimately, any lighting assessment would be determined by the cost of the lighting contract chosen by the entity selected to manage the Sugar House Assessment Area. The creation of an assessment area is a lengthy and complex process that is governed by State law, has numerous noticing provisions, public hearings, and other requirements that involve a variety of City Council actions over an approximately one-year period to meet various deadlines and requirements of the “Assessment Area Act” (Utah Code Chapter 11-42). Relevant Statutes and Ordinances The definition of "economic promotion activities" in the SAA statute, Utah Code Section 11-42- 102(18) is as follows: (18) "Economic promotion activities" means activities that promote economic growth in a commercial area of a lo cal entity, including: (a) sponsoring festivals and markets. (b) promoting business investment or activities. (c) helping to coordinate public and private actions; and (d) developing and issuing publications designed to improve the economic well-being of the commercial area. The creation of an assessment area is a significant administrative undertaking for the City and requires significant involvement in the form of staff time and resources from multiple City departments; with the majority of the heavy lifting for an Economic Promotion Assessment Area falling on the Department of Economic Development. Over the past few years, the Department of Economic Development has been charged with shepherding the Economic Promotion assessment process. Each time, the Department’s limited staff members are pulled from other priorities to run the process. If the City Council decides to proceed with the creation of a Sugar House Assessment Area, the Department of Economic Development staff can begin setting the tentative 10 to 15-month timeline and determine staffing and resources to lead the process. If the Council decides to proceed with a scenario provided, the Administration will work with the City Attorney’s Office and Bond Counsel on a notice of intent that captures the information contained in the selected scenario. The Council may wish to have small group meetings as a next step to determine if any of the scenarios might be modified to meet other policy objectives of the Council. If the Council chooses not to proceed with the Sugar House Special assessment area, staff will notify the Sugar House Chamber and Community Alliance of the decision.