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01/04/2011 - Work Session - Minutes
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JANUARY 4, 2011 The City Council met in Work Session on Tuesday, January 4, 2011, at 3 : 00 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance : Council Members Carlton Christensen, Stan Penfold, Soren Simonsen, JT Martin, Luke Garrott, Jill Remington Love and Van Turner. Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Boyd Ferguson, Senior City Attorney; Lynn Pace, Deputy City Attorney; Helen Langan, Mayor' s Senior Advisor; David Everitt, Mayor' s Chief of Staff; Neil Lindberg, Council Legal Director; Jan Aramaki, Council Constituent Liaison/Research and Policy Analyst; Rick Graham, Public Services Director; Emy Maloutas, Open Space Lands Program Manager; Lisa Shaffer, Development Review Administrator; Orion Goff, Building Services Building Official; Nole Walkingshaw, Planning Programs Supervisor; Edwin Rutan, City Attorney; Wilford Sommerkorn, Planning Director; Allen Matheson, Envision Utah; and Beverly Jones, Deputy City Recorder. Councilmember Martin presided at and conducted the meeting. The meeting was called to order at 3 : 15 p.m. AGENDA ITEMS #1. 3 : 15: 37 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. See File M 10-5 for announcements . #2 . 3 :24 : 33 PM THE COUNCIL WILL TAKE A STRAW POLL TO NOMINATE THE COUNCIL CHAIR AND VICE CHAIR FOR CALENDAR YEAR 2011. Councilmember Martin said Councilmember Jill Love was nominated as the Chair Person and Councilmember Stan Penfold as the Vice Chair Person for 2011 . #3 . 3 :29 : 13 PM RECEIVE A BRIEFING ON THE UTAH OPEN MEETINGS LAW. View Attachments Boyd Ferguson briefed the Council from the attached handout. #4 . 3 :33 :46 PM RECEIVE A BRIEFING REGARDING THE LIST OF LEGISLATIVE ISSUES FOR THE 2011 STATE LEGISLATIVE SESSION. 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JANUARY 4, 2010 Lynn Pace and Helen Langan briefed the Council from the attached handout . #5. 4 : 04 : 38 PM HOLD A DISCUSSION REGARDING THE MAYOR'S VETO OF ORDINANCES 90, 91 AND 92 OF 2010 RELATING TO PARLEY' S HISTORIC NATURE PARK. View Attachments Neil Lindberg, Jan Aramaki, Rick Graham and Emy Maloutas briefed the Council from the attached handouts . Councilmember Simonsen said it would be helpful to know what the issues were . Councilmember Christensen said the City needed to take more control of the park long term and how it was managed. Councilmember Martin said he wanted more time to discuss this issue . #6. 5 : 17 : 51 PM RECEIVE A BRIEFING REGARDING THE CITY' S ACCELA TECHNOLOGY. View Attachments Lisa Shaffer, Orion Goff and Nole Walkingshaw briefed the Council from the attached handout. #7 . 5 : 50 :21 PM RECEIVE A BRIEFING REGARDING A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT ESTABLISHING THE JORDAN RIVER COMMISSION. View Attachments Wilf Sommerkorn, Lynn Pace, David Everitt and Allen Matheson briefed the Council from the attached handout . Councilmember Martin asked for a straw poll on whether the Council wanted to vote on the interlocal agreement tonight. A majority of Council Members were not ready to vote . Councilmember Martin said this item would not be voted on tonight. #8. 6 : 31: 05 PM RECEIVE A BRIEFING REGARDING AN ORDINANCE CLOSING A PORTION OF 5500 WEST AS A PUBLIC STREET BETWEEN 300 SOUTH AND 490 SOUTH AND AMENDING THE MAJOR STREET PLAN OF THE SALT LAKE CITY TRANSPORTATION MASTER PLAN TO REMOVE THE DEFINITION OF COLLECTOR STREET FROM A PORTION OF 5500 WEST BETWEEN 300 SOUTH AND 700 SOUTH FROM THE MAJOR STREET PLAN PURSUANT TO PETITION NOS. PLNPCM2009-01389 AND PLNPCM2010-00085. View Attachments This item was not held. #9 . RECEIVE A BRIEFING REGARDING THE PROPOSED SALE OF PROPERTY LOCATED AT APPROXIMATELY 700 WEST 900 SOUTH (1.35 ACRES) TO ACCOMMODATE EXPANSION OF THE UTAH PAPER BOX OPERATIONS PURSUANT TO PETITION NO. PLNPCM2010-0008. View Attachments This item was not held. 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JANUARY 4, 2010 #10. 8: 06:42 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING THE REGIONAL ATHLETIC COMPLEX PROJECT. (This item was held in the Council Chambers) Rick Graham, Mayor Becker and David Everitt briefed the Council . Councilmember Turner asked Mr. Graham to check on the contractual obligation of $7 . 5 million with REAL Salt Lake. Mr. Graham said he was confident that REAL would fulfill its obligation. Councilmember Turner asked Mr. Graham to check on the status of the gift and report back to the Council . #11. 6: 32 : 59 PM RECEIVE A BRIEFING REGARDING THE UPCOMING REDISTRICTING PROCESS WHICH WILL ESTABLISH BOUNDARIES FOR THE SALT LAKE CITY COUNCIL AND SALT LAKE CITY SCHOOL BOARD DISTRICTS BASED ON THE 2010 CENSUS. View Attachments This item was not held. #12 . 6 :20 :39 PM INTERVIEW MICHAEL A. COHN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT PROGRAMS ADVISORY BOARD. Councilmember Martin said Mr. Cohn' s name would be forwarded to the Consent Agenda for formal approval . #13. 6 :27 :22 PM INTERVIEW JORDAN JONES PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT PROGRAMS ADVISORY BOARD. Councilmember Martin said Mr. Jones' s name would be forwarded to the Consent Agenda for formal approval . #14 . COUNCIL MEMBERS WHO HAVE ATTENDED OUT-OF-TOWN CONFERENCES OR SITE VISITS WILL PROVIDE BRIEF REPORTS ON THEIR OBSERVATIONS. This item was not held. #15. THE COUNCIL WILL CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES: a) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING PURSUANT TO UTAH CODE § 52-4-205 (1) (b) ; b) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE OR LEASE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) WHEN PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS PURSUANT TO UTAH CODE § 52-4-205 (1) (d) ; c) A STRATEGY SESSION TO 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH WORK SESSION TUESDAY, JANUARY 4, 2010 DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION PURSUANT TO UTAH CODE § 52-4-205 (1) (c) ; d) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, (2) THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE CITY APPROVES THE SALE; AND e) FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED PURSUANT TO UTAH CODE § 78B-1-137 . The Closed Session was not held. The meeting adjourned at 8 : 29 p.m. COUNCIL C IR i� , TY R CORD This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held January 4, 2011. bj 11 - 4 January 4, 2011 Open Meeting Law— Training for City Council Statutory Obligation to Train The "presiding officer of the public body shall ensure that all members of the public body are provided with annual training on the requirements" of the Open and Public Meetings Act (the "Act"). (Utah Code § 52-4-104) A. Basic Principle (§ 52-4-201(1)) A "meeting" of a public body must be open to the public, unless an exception is available under the Act allowing the meeting to be closed. B. Definitions (§ 52-4-103) 1. "Public Body" The City Council is a public body for purposes of the Act. 2. "Meeting" A meeting is the convening of at least a quorum of a public body for the purpose of(a) discussing, (b) receiving comments from the public about, or (c) acting upon a matter over which the body has jurisdiction or advisory power. Chance and social "meetings" are not subject to the open meeting law. However, they may not be used to circumvent the Act. (52-4-208) Electronic meetings may be held subject to the Act and as described below. 3. "Convening" Ask The calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power. [Because a gathering of council members is not a "meeting" unless it is "convened, " and "convening" requires a person to "call" a meeting for the express purposes of discussing or acting upon a matter of business, it seems that gatherings such as group photos or ceremonial appearances are not meetings subject to the statute.] C. Notice of Meetings (§ 52-4-202) The City Council must give not less than 24 hours public notice of each meeting. The notice must include the: 1. agenda; 2. date; 3. time; and 4. place. The notice must be: 1. posted (a) at the principal office of the City Council and (b) on the Utah Public Notice Website created under Utah Code § 63F-1-701; and 2. provided either (a) to a newspaper of general circulation in Salt Lake City or (b) to a local media correspondent. This requirement is deemed satisfied by providing notice to a newspaper or local media correspondent under Utah Code § 63 F-1-701(4)(d) [that may be a bad cross-reference]. In addition, the Council must give annual notice of its annual meeting schedule, specifying the date, time, and place of its scheduled meetings. The City Council is encouraged to develop and use additional electronic eans of providing notice of its meetings. '"tice requirement does not apply to emergency meetings, as long as the rives the best notice practicable of the time and place of the . ,y meeting and the topics to be considered at the emergency 2 � r meeting. However, an emergency meeting may not be held unless the Council attempts to notify all Council members and a majority of the Council members approve holding the meeting. D. Agendas (§ 52-4-202) 1. Degree of Specificity A meeting notice that is required to include an agenda must provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic must be listed under an agenda item on the agenda. (§ 52-4-202(6)(a)) 2. Consideration of Matters Not On the Agenda Generally, the Council may not take final action on a topic in an open meeting unless the topic is (a) listed under an agenda item and (b) included in the advance public notice. (Note: This includes emergency meetings. (§ 52-4-202(6)(c)) Except with respect to emergency meetings, and at the discretion of the presiding member of the Council, a topic raised by the public may be discussed during an open meeting, even if the topic raised by the public was not included in the agenda or advance public notice for the meeting, but final action on the topic may not be taken by the Council at that time. (§ 54-2- 202(6)(b)) E. Open Meetings (§ 52-4-201) 1. A meeting is open to the public unless closed pursuant to the Act. (Closed meetings are discussed in the next section.) 2. (a) An open meeting includes a workshop or an executive session in which a quorum is present, unless closed in accordance with the Act. (b) A workshop or an executive session in which a quorum is present that is held on the same day as a regularly scheduled public meeting may only be held at the location where the City Council is holding the regularly scheduled public meeting unless: (i) the workshop or executive session is held at the location where the City Council usually holds its regularly scheduled public meetings but, for 3 .0010, that day, the regularly scheduled public meeting is being held at different location; (ii) any of the meetings held on the same day is a site visit or a traveling tour and proper public notice is given; (iii) the workshop or executive session is a properly conducted electronic meeting; or (iv) it is not practicable to conduct the workshop or executive session at the regular location of the City Council's open meetings due to an emergency or extraordinary circumstances. F. Closed Meetings (§ 52-4-204, 205) (Practice point—please note distinction between "executive session" and "closed session": The Act uses the term "executive session" to refer to a type of open meeting. See the definition of"meeting" in 52-4-103 and the statement in 52-4-201 that "[a] meeting that is open to the public includes a workshop or an executive session . . . ." The latter reference explicitly includes an executive session as a kind of open meeting (without saying what it means by "executive session"). Therefore, we recommend that the Council refer to its closed meetings as "closed sessions" or "closed Aft* meetings." 1. Purposes of Closed Meetings (§ 52-4-205) a. Discussion of the character, professional competence, or physical or mental health of an individual; b. Strategy sessions to discuss collective bargaining; c. Strategy sessions to discuss pending or reasonably imminent litigation; d. Strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the City from completing the transaction on the best possible terms; 4 e. Strategy sessions to discuss the sale of real property, including any form of water right or water shares, if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the City from completing the transaction on the best possible terms; (ii) the City previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the City Council approves the sale; f. Discussion regarding deployment of security personnel, devices, or systems; and g. Investigative proceedings regarding allegations of criminal misconduct. 2. Procedure for Closing Meetings (§ 52-4-204) a. A quorum must be present. b. Two-thirds of the Council members present must vote to approve closing the meeting. c. The meeting may be closed only to discuss a matter listed in § 52-4-205. d. The following information must be publicly announced and entered on the minutes: (i) the reason or reasons for closing the meeting (ii) the location of the closed meeting (iii) the vote, by name, of each Council member, either for or against the motion to close the meeting. G. Record of Meetings (§ 52-4-203, 206) 1. Open Meetings (§ 52-4-203) In a change from the past, both written minutes and a recording (i.e., an audio or an audio and video record) must be kept of all open meetings. [The Council has treated its dinners before or during council meetings as "meetings, " at least to the extent of providing public notice of the dinners. However, if those dinners are really meetings, they need to be recorded.] 5 046. However, either written minutes or a recording is adequate if the meeting is a site visit or a traveling tour, if no vote or action is taken. Therefore, unless the Council is keeping both written minutes and a recording during a site visit or traveling tour, it should not take a vote or official action during that site visit or traveling tour. The recording and minutes must include: (a) the date, time, and place of the meeting; (b) the names of the Council members present and absent; (c) the substance of all matters proposed, discussed, or decided by the Council which may include a summary of comments made by members of the Council; (d) a record, by individual Council member, of each vote taken by the Council; (e) the name of each person who is not a member of the Council and who, upon recognition by the presiding member of the Council, provided testimony or comments to the Council; (f) the substance, in brief, of the testimony or comments provided by the public under (e); and (g) any other information that any Council member requests be entered in the minutes or recording. The recording must be a complete and unedited record of all open portions of the entire meeting and be properly labeled or identified with the date, time, and place of the meeting. The written minutes (not the recording) are the official record of action taken at the meeting. The Council must establish and implement procedures for the approval of the written minutes of each meeting. The written minutes or the recording that are required to be retained permanently must be maintained in or converted to a format that meets long-term records storage requirements.* *According to the municipal retention schedule, the written minutes must be retained permanently, and the recording must be retained for at least one year. (Practice point: Under GRAMA, written minutes that have been prepared but not yet approved by the Council are public records but must be marked as "unapproved" or"awaiting approval" or something similar. Written minutes should be made available to the public within a reasonable time following the meeting. The recording must be available for listening within three business days after the meeting.) 6 2. Closed Meetings (§ 52-4-206) Except when a meeting is closed to discuss (a) the character, professional competence, or physical or mental health of an individual or (b) the deployment of security personnel, devices, or systems, the Council must keep a recording of the closed meeting and may keep detailed written minutes that disclose the content of the closed meeting. The recording and any minutes must include: (a) the date, time, and place of the meeting; (b) the names of the Council members present and absent; and (c) the names of all others present unless disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. The recording and the written minutes are protected records under GRAMA. No recording or written minutes are required for a closed meeting to discuss (a) the character, professional competence, or physical or mental health of an individual or (b) the deployment of security personnel, devices, or systems. The person presiding at such a meeting must sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss those matters. According to the municipal retention schedule, the written minutes must be retained permanently, and the recording must be retained for at least one year. H. Electronic Meetings (§ 52-4-207) 1. Resolution, Rule, or Ordinance The City Council may not hold an electronic meeting unless it has adopted a resolution, rule, or ordinance governing the use of electronic meetings. City Code §2.06.030E satisfies this requirement. The resolution, rule, or ordinance may: a. prohibit or limit electronic meetings based on budget, public policy, or logistical considerations; 7 b. require a quorum of the Council to: (i) be present at a single anchor location for the meeting; and (ii) vote to approve establishment of an electronic meeting in order to include other Council members through an electronic connection; c. require a request for an electronic meeting to be made by a Council member up to three days before the meeting to allow for arrangements to be made for the electronic meeting; d. restrict the number of separate connections for Council members that are allowed for an electronic meeting based on available equipment capability; or e. establish other procedures, limitations, or conditions governing electronic meetings not in conflict with § 52-4-207. City Code § 2.06.030E provides that, generally, the Council may hold an electronic meeting only if a majority of a quorum of the Council is physically present at the physical location from which the electronic meeting originates or from which the Council members are connected to the electronic meeting. 2. Notice The City Council must: a. give public notice of the meeting in the usual way; and b. post written notice at the anchor location; c. in addition to giving such public notice, provide: (i) notice of the electronic meeting to the Council members at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and (ii) a description of how the Council members will be connected to the electronic meeting. 3. Anchor Locations The City Council must establish one or more anchor locations for the meeting, at least one of which is in the City & County Building. 8 The City Council must provide space and facilities at the anchor locations so that interested persons and the public may attend and monitor the open portions of the meeting. If comments from the public will be accepted during the meeting, the City Council must provide space and facilities at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting. I. Disruption of Meetings (§ 52-4-301) The Act does not prohibit the removal of any person from a meeting if the person willfully disrupts the meeting to the extent that orderly conduct is seriously compromised. J. Consequences of Violating Open Meeting Law (§§ 52-4-302 to 52-4- 305) Any final action taken in violation of the Act is voidable by a court. The suit must be commenced within 90 days after the date of the action (or 30 days in the case of the issuance of bonds, notes, or other evidence of indebtedness). A court may not void final action for failure to post notice on the Utah Public Notice Website if the failure was the result of unforeseen Internet hosting or communication technology failure and the Council otherwise complied with the public notice requirements. The Attorney General and county attorneys shall enforce the Act. At least annually, the Attorney General's Office must give notice to the City Council of any material changes to the requirements for the conduct of meetings. A person denied a right under the Act may sue to compel compliance with or to enjoin violation of the Act, or to determine the Act's applicability to discussions or decisions of the City Council. A Council member who knowingly and intentionally violates or who knowingly or intentionally abets or advises a violation of the closed meeting provisions of the Act is guilty of a class B misdemeanor. 9 K. 2010 Changes The purposes for which closed meetings can be held now include water rights or water shares as a kind of real property. Several changes were made to the closed meeting provisions that apply only to the State Legislature. HB_ATTY-#l6O23-vl-Openmeeting1-Open_meeting_law_training_City_Council 2011.DOC 10 RECEIVED .RC;� 0 4 2011 SLC COUNCIL OFFICE Now (17 Salt Lake City Council Briefing January 4,2011 1. Legislative Team Structure 2. Legislative bill tracking website: http://utahpolicy.com/legislation 3. Legislative Breakfast - Friday January 7th 7:30am, Sorenson Unity Center(1383 South 900 West) 4. ULCT Legislative Policy Meeting - Mondays 12:00pm, House Building West 30 5. Salt Lake County Caucus - Thursdays 7:00am, Copper Room (East Building) 6. Budget Issues 7. Immigration—Cost Sustainability 8. Alcohol Issues 9. School District Equalization 10. RDA Legislation 11. Water Issues 12. Land Use Issues 13. Questions or additional items of discussion Contact Information: Lynn Pace Helen Langan (801)573-7421 (cell) (801)641-6569 (cell) 1ynn.pace@slcgov.com helen.langan@slcgov.com Kay Christensen (801)535-7766 (office) kay.christensen@slcgov.com SALT LAKE CITY COUNCIL STAFF REPORT DATE: December 30,2010 SUBJECT: Reconsideration of ordinances vetoed by Mayor Becker pertaining to Parley's Historic Nature Park AFFECTED COUNCIL DISTRICTS: Located in the County,owned by the City STAFF REPORT BY: Neil Lindberg/Jan Aramaki ADMINISTRATIVE DEPT. Rick Graham,Public Services Director; AND CONTACT PERSON: Emy Maloutas,Open Space Manager; and Sharen Hauri,consultant NOTICE REQUIREMENTS: Regular public notice for agenda On December 14,2010,the City Council adopted three ordinances pertaining to Parley's Historic Nature Park. The Mayor has since vetoed the ordinances and submitted a letter on December 27,2010 stating his objections.' As provided in UCA 10-3b-204: "At its next meeting following a mayor's veto...the council shall reconsider the vetoed ordinance..." If at least two-thirds(5)of all Council Members vote in favor of adopting any of the ordinances,then the ordinance becomes effective notwithstanding the veto. However,if an override vote fails,then the Council may decide to amend the ordinance,vote,and send the amended ordinance to the Mayor for his consideration. The following motions have been prepared for the Council's consideration. If the Council wishes to have amended rdinances prepared for future consideration,a motion can be made to this effect directing Council staff to prepare ch amendments. Council staff will also be available to prepare motions in advance of Tuesday's Council meeting at the request of individual Council Members. OTENTIAL MOTIONS: In order to override the Mayor's vetoes,the first three(3)motions must be adopted with five or more votes. I. ["I move that the Council"]Adopt Ordinance 92 of 2010,enacting Chapter 15.10,Salt Lake City Code,to establish use and management rules for Parley's Historic Nature Park. 2. ["I move that the Council"] Adopt Ordinance 90 of 2010,enacting Section 15.04.145,Salt Lake City Code,to add Parley's Historic Nature Park to the list of City parks,playfields,and golf courses. 3. ["I move that the Council")Adopt Ordinance 91 of 2010,amending Section 8.04.390 and Section 15.08.070,Salt Lake City Code,to designate and authorize dog off-leash areas in Parley's Historic Nature Park. 'Mayor's veto letter submitted to the Council on December 27,2010. 1 (Following motion was previously raised as an option by the Council and was prepared at the request of Council Member Luke Garrott.) 4. ["I move that the Council"]Adopt an ordinance enacting Chapter 15.10,Salt Lake City Code,to establish use and management rules for Parley's Historic Nature Park,subject to the following:that Section 15.10.050 be amended to read: "15.10.050:DOG OFF-LEASH AND ON-LEASH AREAS: A.Dogs may run at large within Parley's Historic Nature Park except as otherwise provided in Subsections B,C,D,and E of this section.The physical boundaries of dog on-leash and off-leash areas shall be clearly marked. B.Dogs shall be on-leash,on-trail within or immediately adjacent to the following places: 1.Any historic site area designated on the comprehensive use and management plan map; 2.Within the Parley's trail right-of-way;and 3.Within the west Tanner Park parking lot to the Parley's trail and the east Tanner Park parking lot to the Parley's Historic Nature Park regulation sign located at the first turn,top of the hill. C.Dogs shall be permitted off-leash on-leash on the south loop trail located between the pedestrian bridges over Parley's Creek. D.Dogs shall be prohibited on the trail from Entrance C to the south loop trail. E.Public access and use shall be prohibited in designated protection,natural,and restoration areas as set forth in Sections 15.10.060 and 15.10.080 of this chapter. ADDITIONAL MOTIONS: 5. ["I move that the City Council"] Adopt an ordinance enacting Section 15.04.145,Salt Lake City Code, to add Parley's Historic Nature Park to the list of City parks,playfields,and golf courses. 6. ["I move that the City Council] Adopt an ordinance amending Section 8.04.390 and Section 15.08.070, Salt Lake City Code,to designate and authorize dog off-leash areas in Parley's Historic Nature Park. cc: Cindy Gust-Jenson,David Everitt,Rick Graham,Jeff Niermeyer,Ed Rutan,Frank Gray, Mary DeLaMare-Schaefer,Lynn Pace,Jennifer Bruno,Emy Maloutas,Sharen Hauri,Dell Cook, Stakeholders Group,Shawni Larrabee,Jim Strong, Millcreek F.I.D.O.S.,Mayor Liaisons, City Council Liaisons 2 . a. . . „,,,.... ,, r,., • , . • . ,:„...,,,, .....-- ,- , . ," . _‘,,- . .... • t,.4 ....- , _ ... . ..... ..,,,,416,,,,, ...__ .eiiit - ♦ Plpawn �/1.„ ' '� .. ALMS b lice. ' - Parley's T •• .r. CNILeBeh Off Area / `� •` .; U Entrant';'-'�... J P Fn....i: "s. . // Naa0alArea ;��„} 1116brIC 1 \ '-, . p Protection Area • oak P.K IC" .s. 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Parley's Historic Nature Park ���+� i.'1 r`s Comprehensive Use & Management Plan DRAFT 12.14.10 ;- \ EDAW I AECOM ThCGrassii+A Group PSOMAS 14 Motion No. 4 Between the two blue arrows: on the south loop trail located between bridges over Parley's Creek shall be on-leash. Dogs shall be prohibited on the trail from Entrance C to the south loop trail. Parley's Historic Nature Park(PHNP) Frequently Asked Questions 1. What happens if there is a veto override? Three related PHNP ordinances were vetoed by Mayor Becker: Ordinance 90 of 2010, enacting Section 15.04.145, Salt Lake City Code, to add Parley's Historic Nature Park to the list of City parks, playfields, and golf courses. Ordinance 91 of 2010, amending Section 8.04.390 and Section 15.08.070, Salt Lake City Code, to designate and authorize dog off-leash areas in Parley's Historic Nature Park. Ordinance 92 of 2010, enacting Chapter 15.10, Salt Lake City Code, to establish use and management rules for Parley's Historic Nature Park. State law requires a two-thirds majority of the Council to override a veto by the Mayor. If five or more Council Members vote in favor of all of the listed ordinances,then the Comprehensive Management and Use Plan for PHNP would become effective and PHNP would be managed as provided in those ordinances. 2.What happens if the Council does not obtain five votes to override the Mayor's veto? Sections 8.04.390 and 15.08.070 of the City code prohibit dogs from running at large except in certain designated places and in areas where an "experiment" is being undertaken to assess whether dogs should be allowed to run at large ("off-leash"). Rules adopted for conducting such experiments consist of eight steps. If an experiment is successful, the last step requires that the City Council adopt an ordinance formally designating the off-leash area. PHNP has been an experimental area for a number of years. In 2007, the City Council adopted a resolution directing that a comprehensive management and use plan be prepared prior to considering an ordinance. Now that a plan has been completed, the Council adopted the ordinances listed in Question 1. If a veto override vote fails, then PHNP will continue to be an experimental area until the experiment is concluded. However, the City code places no limit on the duration or number of such experiments. The Mayor could continue to conduct the current PHNP experiment for some time, or he could initiate a new experiment. In either case, PHNP would be managed as directed by the Mayor. Such action, of course, would have to be consistent with any applicable laws. 3.What happens if the Council amends the ordinances with a two-thirds vote? If a veto override vote fails, then the City Council may decide to amend the vetoed ordinance and vote on it again. If a majority of Council Members vote in favor of the amended ordinance, it will be presented to the Mayor for his consideration. If five or more members vote in favor of the ordinance, the Mayor still could decide to veto the amended ordinance. He might not do so, however, because if he did presumably the Council Members who voted for it in the first place would vote to override the veto. w•' • E1ki ' RALPH BE CKER sAggiaNiteantilin RECEIVED MAY OFFICE OF THE MAYOR DEC 2 7 2010 SLC COUNCIL OFFICE COMMUNICATION TO THE CITY COUNCIL Date Received: 12 /77-7 l'& Ralp Becker, Mayor Date sent to Council: 2 Zp TO: JT Martin, Chair DATE: December 27, 2010 Salt Lake City Council FROM: Ralph Becker 535-7743 Mayor SUBJECT: Veto of Parley's Historic Nature Park Plan and Related Ordinances Statement Explaining Objection Pursuant to Utah Code Section 10b-3b-204(2)(b) STAFF CONTACT: David Everitt 535-7732 Chief of Staff INCLUDES: -Letter from Mayor Ralph Becker -Attachment A: Letter from Salt Lake Valley Health Department -Attachment B: Letter from Salt Lake County -Attachment C: Interim Use and Management Plan/Comprehensive Use and Management Plan -Map of off leash dog sites within Salt Lake County -Ordinance 90 of 2010 -Ordinance 91 of 2010 -Ordinance 92 of 2010 451 SOUTH STATE STREET,ROOM 306 P.O.BOX 145474,SALT LAKE CITY,UTAH 84114-5474 TELEPHONE:801-535-7704 FAX:801-535-6331 www.slcgov.com RALPH BECKER 1 Tf A ril Of it ORte li MAYOR OFFICE OF THE MAYOR December 27, 2010 To: Salt Lake City Council Re: Veto of Parley's Historic Nature Park Plan Action and Related Ordinances, Statement Explaining Objection Pursuant to Utah Code Section 10b-3b-204(2)(b) Dear Council Members: Today I veto the Parley's Historic Nature Park Management Plan, as adopted by the Salt Lake City Council on December 14,2010. While I appreciate the time and effort invested by many leading up to the adoption of a Management Plan("Plan") for Parley's Historic Nature Park("Park"), I have concluded that the adopted Plan does not live up to the tradition and mission of the Park. The Plan should provide long-term guidance on how to protect water quality in Parley's Creek and balance the interests of culturat preservation,habitat conservation, and recreation across the spectrum of user groups. After much consideration, I cannot support this version of the Plan because it lacks adequate protection of this special area and does not fully account for the mix of uses and users who share with us an appreciation for this local treasure. Accordingly, I must veto the Plan as adopted. Rationale for Veto First, let me reaffirm the value we place on Parley's Historic Nature Park. As a regional park granted to Salt Lake City almost 30 years ago,the Park is a rare place ecologically, spatially, and socially with a rich history of multiple uses.As its name suggests—and as the prior owners continue to affirm in their comments to us in the course of Plan development—the original intent was to grant to the public a place to experience"nature"and"history." (I recently received another comment from the granting family supporting a veto of the adopted Plan.) The Park is at the mouth of one of our major canyons of the Wasatch and is home to a relatively undeveloped remnant of habitat that has all but disappeared from the urban landscape. For 451 SOUTH STATE STREET,ROOM 306 P.O.BOX 145474,SALT LAE CITY,UTAH 84114-5474 TELEPHONE:801-535-7704 FAX:801-535-6331 www.slcgov.com example,in the reaches just above and in Parley's Historic Nature Park,rare Bonneville Cutthroat Trout still exist. Historically significant structures and remnants of our cultural tradition are found in the Park. Springs and wetlands are interspersed on both the north and south sides of the Park. And,Parley's Creek and a riparian corridor are a ribbon of life through the middle of the Park. Generations have enjoyed this place in many ways. As our population has grown and the number of users has increased,the environmental conditions in the Park have deteriorated to an alarming degree. This is best evidenced by water quality degradation,which has been identified by the Utah Division of Water Quality,the Salt Lake County Watershed Planning and Restoration Program, and the Salt Lake Valley Health Department as severely impaired. While more analysis needs to be done through a longitudinal study,the Health Department notes that the Coliform and E. coli contamination associated with fecal matter sources indicate that"dogs are the likely candidates."I As you know,the County Watershed Planning and Restoration Program recommended that Salt Lake City eliminate human and dog access to the Creek in order to improve water quality conditions.2 I know we want to address this issue proactively, and I commend the improvements you made to earlier versions of your preliminary actions to more closely reflect the original recommendation, known as Alternative D3.Nonetheless,it is clear to me that the adopted Plan still fails to meet the goals for the Park that the Council agreed upon during the Council work session on October 5,2010. Below I outline specific reasons for my veto. I will focus on the south side of Parley's Historic Nature Park because many of the issues on the north side have been addressed through our discussions leading up to your consideration and action on December 14,2010. Then I'll discuss how I propose going forward to achieve mutually agreed-upon goals. ' See Attachment A,Letter from Salt Lake Valley Health Director Gary Edwards to Council Chair Martin, December 10,2010. 2 See Attachment B,Letter from the Salt Lake County Watershed Planning and Restoration Program to City Council,Watershed Scientist Bob Thompson,December 13,2010. 2 1. Off Leash Dog Access on the South Side is Not Compatible With the Goals of Improving Water Quality and Protecting the Riparian Corridor. Protection of the riparian,wetland, spring, spring rivulets and steep slope areas is a fundamental element of the management recommendation for the south side of the park,which emphasizes resource protection and high quality habitat. I believe to adequately address the water quality and riparian corridor restoration and protection needs,the south loop trail and south side of the Park, east of the main bridge,must not be accessible to dogs. The ecology experts who have commented on the Plan reinforce this principle. 2. Water Quality Compromises As adopted,unfettered access on the south loop trail,east of the main bridge, of Parley's Historic Nature Park gives us little hope in making necessary progress toward meeting water quality standards in Parley's Creek. (This point was made by a Utah Division of Water Quality expert at your meeting on December 14, 2010.)My original recommendation emphasizes a 50' riparian buffer between the creek and any trails and of leash use areas except for the two creek access areas identified on Alternative D3. Making the south loop trail off-leash and including the east bridge as a part of an off-leash trail puts off-leash use within the riparian buffer. Additionally,the water sources that flow across the south loop trail will not be protected according to the adopted Plan. Furthermore, stream access will be hard to prevent at the east bridge, which would result in unauthorized access and creek sedimentation from the erosive steep banks. This would likely result in increased pollutant inputs directly into the creek. Correspondence from the County Watershed Planning and Restoration Program has stated again that by"prohibiting dogs from the south side loop trail, east bridge and from trails near the riparian area,pollutant inputs to the creek will [be]reduced,thereby protecting water quality." While my proposed Plan does not go the extent recommended by the County Watershed Planning and Restoration Program to improve water quality in Parley's Creek(i.e., eliminate all access to the Creek),it is my hope that we can still provide for dog and human access and also make the improvements needed to meet water quality standards. 3. Legitimate User Groups Are Ignored in Council Plan 3 In a park of this size(approximately 80 acres) and with the array of cultural and natural resources, Salt Lake City should provide for a broad range of users and be respectful of those user groups and their needs. This was a goal identified in the 2007 Salt Lake City Council resolution(". . . recognize that the park has multiple, legitimate users," Salt Lake City Council Minutes of July 17,2007). By permitting dogs off-leash on the south loop trail, the current version of the Plan eliminates the opportunity for those who want to visit and use the Park apart from dogs. This includes but is not limited to walkers,nature enthusiasts,bird watchers, artists, those with physical disabilities, and those who simply are afraid of dogs for whatever reason. With your action of December 14,2010,no place in this Park would be available for these user groups,many of whom we heard from throughout development of the Plan. 4. The South-Side Trail Parameters as Adopted Conflict with Water Quality Protection Measures and Experience. The south loop trail is compressed between the riparian area and steep slope with a number of the springs and rivulets that bisect the trail as they flow downhill to the creek. To protect the riparian corridor and Parley's Creek water quality, the interface between off-leash dogs and these sensitive areas would require extensive fencing which would alter the user experience and visual quality of the natural area. 5. The Cost to Implement the Plan will be Higher. Extensive fencing would be required to adequately protect the riparian,wetland, spring, spring rivulets and steep slope areas on the south side of the Park. This will add significant costs associated with fencing and staff time to maintain protective fencing. Prohibiting dogs from the south loop trail will allow the City Parks and Public Lands Division to manage the protection and restoration process through progressive steps that are less costly. 6. The Plan Creates Additional Enforcement Challenges. Enforcing a no-dog access trail from 2870 E. (access C),the closest trail to the south side trail, would be challenging because an off-leash trail at the bottom of this trail is the destination. We (the Council and I) agreed to prohibit dogs from the 2870 E., access C trail and the south loop trail to protect homeowners in that entrance area and to create a clear separation of use which is more easily understood by the users and enforced. 4 The Way Forward for Parley's Historic Nature Park In July 2007,the City Council passed a motion(6-1) "establishing the Parley's Historic Nature Park as an off-leash area"with a series of legislative intents on how to move forward to a final ordinance. The Resolution adopted legislative intents as part of its directive that a master plan/management plan be designed for the park. Included in the list of intents are the following: • Develop a master plan/management plan for the park. • Maintain and enhance multiple users with minimal conflict • Protect and restore natural and cultural resources • Protect environmentally sensitive areas and stream bed • Enforce closed areas and Park rules The Council, Council staff,the Administration, and the community have all devoted a good deal of effort over the past three years toward completing that legislative intent. One aspect of the Council's expression of legislative intent was"develop a long term master plan/management plan, subject to Council approval."The Council also passed a set of goals for the Parley's Historic Nature Park Plan: • Protect and restore natural and cultural resources • Restore damaged areas • Maintain and enhance multiple users with minimal conflict • Identify additional off-leash locations • Uphold management responsibilities • Formalize monitoring and adaptive management • Establish and enforce rules • Develop consistent funding As a result of my veto of the ordinances passed by the Council on December 14,2010, that intent and the goals of 2007 and subsequent actions remain unaccomplished. A New Experiment The Council also expressed as part of the 2007 action that the Park be an off-leash area. The Council has established a process whereby the City's Public Services Department may conduct "experiments"to propose possible off-leash areas for legislative enactment by the City Council.3 I intend to follow this process, and in doing so request the Public Services Department follow the 3 Salt Lake City Code Sec.8.04.390(B). 5 guidelines referred to in the City Code,to conduct a new"off-leash" experiment to evaluate the concerns that I have raised in this Statement. In particular,this experiment will test ways in which the water quality issues raised by the Salt Lake Valley Health Department can be effectively addressed by limiting"off-leash"access in the south side of the Park, and by analyzing the effects of other management efforts in the riparian corridor, at springs, and other water sources. Utilizing much of the work accomplished through development of the Plan thus far, I intend to administer this new experiment in a manner that will protect the special environmental and cultural properties of Parley's Historic Nature Park and to provide for a range of users and uses in a sustainable way. With the exception of the direction regarding the south side area, this experiment will reflect your actions of December 14,2010. The south side area will be managed as a non-dog area with the exception of the designated of leash trail from Tanner Park and the designated off-leash area Aolopek The off-leash areas identified in the attached Comprehensive Use and Management Plan map total approximately 15 acres. These areas are in lowland areas away from the riparian zone that can more easily accommodate dog and park user activities without further degrading the deteriorated environmental conditions. This acreage represents the largest off-leash dog park hi the Salt Lake Valley and doubles the off-leash dog park acreage in Salt Lake County. Due to the impairment of water quality(e-coli likely from feces)in Parley's Creek, aspects of this new experiment that are intended to improve water quality will have to be closely monitored and adapted to address this serious water quality impairment; further corrective action may be necessary depending on the success of these measures. The Parks and Public Lands Division will administer this new experiment and seek funding immediately to support it. We will call on volunteers in the community to help restore the Park and protect Parley's Creek. One immediate action(as soon as funding can be obtained)will be to construct a railing on the south side trail from Tanner Park to the Canyon bottom to facilitate a 4 See Attachment C,Interim Use and Management Plan map/Comprehensive Use and Management Plan map. 6 safer entry into the Park. Funding for implementation measures will be requested from the City Council and through grant applications, some of which are pending. We will look to partner with public and private entities to build on the efforts of existing users (particularly the FIDOS group) to achieve improvements in the Park. Last, I also believe that the frustration expressed by many dog owners over management restrictions and their lack of acknowledgement of other legitimate users of this Park is a reflection of the unmet demand for locations for off-leash activities. While we have recently added off-leash acreage in Salt Lake City,5 we must work harder within the City and with our partners in the Salt Lake Valley to find many more additional, suitable areas for off-leash dog enjoyment. Working together,the City Council and my Administration have been able to develop solutions to a wide range of difficult challenges facing Salt Lake City over the past three years. I believe that we will be able to find a solution to the challenge of Park management as well by moving forward in the same cooperative spirit. I appreciate the efforts made to date by many members of the public,our staff in the Administration and Council,our other governmental partners, and the sincere efforts of the Council to find a way forward for the benefit of our community and the environment. I look forward to working cooperatively with you to achieve our goal for Parley's Historic Nature Park. Sincerely, 44, /4-( / Ralph Becker,Mayor 5 See Attachment D,Off Leash Dog Sites within Salt Lake County map. 7 Attachment A SLVHD 4 Salt Lake Valley Health Department Gary L.Edwards,M.S.•Executive Director December 10, 2010 Councilman J.T. Martin, Chair Salt Lake City Council 451 S. State Street, Room 304 P.O. Box 145476 Salt Lake City, UT 84114-5476 RE: Parley's Historic Nature Preserve and Water Quality Issues Dear Chairman Martin: Salt Lake Valley Health Department wishes to express our appreciation for the efforts the Salt Lake City Council is making in the development of the Parley's Historic Nature Park, and the intent to protect the water quality and riparian corridor. This letter is being sent to outline the sampling results taken along Parley's Creek and the steps that will be taken, if approved, to be listed on the Environmental Protection Agency's (EPA)2010"Draft"303D List. The Draft 303 D List is now waiting for EPA approval. The affected area is"Parley's Canyon Creek and Tributaries from 1300 East to Mountain Dell Reservoir". The listing is proposed because of E. coli impairment of the stream. Once approved, the State of Utah Division of Water Quality(DWQ)will be required to complete a Total Maximum Daily Load document. A Total Maximum Daily Load, or TMDL, is a calculation of the maximum amount of a pollutant that a body of water can receive and still safely meet water quality standards. The time frame for development and approval of the TMDL is normally 8-13 years. Data collected by Salt Lake County Watershed Planning and Restoration, Salt Lake City Public Utilities,and Utah Division of Water Quality in 2010 indicate numerous water quality non-compliance points and trends. The most severe of these trends is found in the waters of Parley's Creek below the Salt Lake City Watershed boundary at Little Dell Dam to 1300 East. Five sites were included in this reach; Smith Creek confluence, Suicide Rock, east end of PHNP, west end of PHNP and Sugarhouse Park. In the months of June,July and August, the heaviest use times for the park, E. coli counts exceeded the 2001 South State Street,S-25oo • Salt Lake City,UT 8419o-215o • phone 8oi-468-2724 • fax 801-468.2748 www.slvhealth.org Councilman J.T. Martin December 10,2010 Page 2 single sample standard of 668 organisms per 100 ml water(outlined in UAC Section 317- 2-14)in multiple sites. The trend also shows an increase in both Total Colifoim and E. coli counts proceeding downstream from Suicide Rock to the west end of PHNP, In July, the heaviest user month in PHNP, this trend increases by 1000 fold. The sampling results for September,October,November, and December show a return compliance. The presence of E. coli is a good indicator of fecal contamination in water,thus it is safe to assume that Parley's Creek,as it flows through PHNP,suffers from an excess of fecal contamination. The sources examined as possible contributors to the fecal contamination in Parley's Creek were defective septic systems,water fowl,homeless camps,illegal dumping activities and pet waste accumulation.The usual sources of fecal contamination were systematically eliminated. No known septic tanks are located in the area of concern. No significant fowl populations have been documented in the east end of PHNP. The presence of pet waste is a common sight in PHNP. The attempts to discern the source of the contamination seems to indicate dogs as the likely candidates. It also may be due to the increase of public access to the area without public restroom facilities available (Please see the attached Total Maximum Daily Load document for additional information), In conclusion,the water quality of Parley's Creek from 1300 East to Mountain Dell Reservoir has been submitted to be listed as impaired by the EPA due to the high levels of E. coli found in the creek during the summer months. The summer months see the most traffic to this area from both humans and dogs. It is expected that limiting access to the creek, restoring the riparian areas, adding restrooms,and increasing the opportunities for waste disposal will decrease the E.coli contamination in Parley's Creek. These are also steps that may be included in the TMDL study. Salt Lake Valley Health Department wishes to express our appreciation for the efforts that the Salt Lake City Council is taking in the development of the Parley's Historic Nature Park and its intent to protect the water quality and riparian corridor with restricted access. If you have any questions or concerns,please feel free to contact Teresa Gray,Water Quality Bureau Manager for Salt Lake Valley Health Department, at 801-313-6700. Sincerely, rye wards, MS Executive Director Salt Lake Valley Health Department Total Maximum Daily Load The Total Maximum Daily Load (TMDL) is a document that includes the following elements : • Identification of Waterbody, Pollutant of Concern, Pollutant Sources, and Priority Ranking • Applicable WQS&Numeric Water Quality Target* • Loading Capacity* • Load Allocations and Waste Load Allocations* • Margin of Safety* • Consideration of Seasonal Variation* • Reasonable Assurance for PS/NPS • Monitoring Plan to Track TMDL Effectiveness • Implementation Plan • Public Participation "Although states are not required under section 303(d) to develop TMDL implementation plans, many states include implementation plans with the TMDL or develop them as a separate document. When developed, TMDL implementation plans may provide additional information on what point and nonpoint sources contribute to the impairment and how those sources are being controlled, or should be controlled in the future."1 The goal of an implementation plan is to bring the contaminant of concern back into acceptable water quality standards. Once the TMDL document is complete, the document is submitted to the EPA for final approval or disapproval. http://water_epa.gov/lawsregs/lawsguidance/cwa/tmdl/overviewoftmdl.cf'm Attachment B • December 13,2010 SALT LAKE Salt Lake City Council COUNTY RE: Parley's Historic Nature Park and Water Quality issues PETER M.CORROON Dear Council Members: Salt Lake County Mayor Linda Hamilton This letter is being sent to address water quality impairment issues in Parley's Creek not Public Works Department directly considered by the draft Salt Lake City Management Plan. It is meant to Director compliment the letter sent by the Health Department outlining the TMDL process and FLOOD CONTROL outline the concerns of Salt Lake County Watershed Planning and Restoration, the area- ENGINEERING DIVISION wide water quality planning agency. Both agencies have an interest in protecting the public health and assisting the City in avoiding violations of the Clean Water Act. We are Scott R. Baird,P.E. Engineering Division Director concerned that the proposed Management Plan does not assure that water quality and pwengineeringOstco.org health issues arc fully addressed. Continuing to allow dogs access to the creek will result Salt Lake County in continued violations of the Clean Water Act. Establishing specific access points for Government Center 2001 South State Street dogs will concentrate the problem rather than remediate it. Suite N-3100 Salt Lake City.UT 84190-4500 To reiterate what the Health Department wrote in their December 8 letter, fecal 801!468-2711 801/468-2808 fax contamination is a significant problem that should not be overlooked in the Management Plan. Specifically, in July 2010, the heaviest user month in PHNP, E. coli counts increased from 14 organisms per 100 ml at the east end of the park to 2419+organisms per 100 ml (scale maxed out at 2419 organisms per 100 ml)at the west end of the park. In other words, the E. coli counts in the month of July increased so dramatically in PHNP, they exceeded the ability of our methodology to read. The sampling results for September,October,November,and December show a return to levels below the standard of 668 organisms per 100 ml of water. We are aware there have been questions regarding the sources for the E.coli contamination. Possible sources examined as contributors to the fecal contamination in Parley's Creek were: defective septic systems,water fowl, homeless camps. illegal dumping activities, point sources(storm drain outlets),and pet waste accumulation. No known septic tanks are located in the area of concern. No significant fowl populations have been documented in the east end of PHNP and all storm drain outlets in the area are found above PHNP.Thus the usual sources of fecal contamination were systematically eliminated leaving a single likely source,pet waste; the presence of pet waste is a common sight in PHNP. Although preliminary DNA analysis shows no sign of human contamination,public access to the area without restroom facilities available may also contribute to the problem. Based on the science, we urge the City to carefully consider prohibiting dog access to the Creek. One thing included in the management plan, which we do endorse. is the requirement of a 50 foot buffer with fences around springs as well as a 50 foot buffer with fencing on each side of the Creek. trip. , Salt Lake County recommends the creation of a PHNP management plan that assists DWQ, EPA and Salt Lake County Watershed Planning and Restoration in returning the SALT LAKE waters of Parleys' Creek to a compliant and more importantly, healthful,state. There are COUNTY potential significant consequences if the City is subject to regulatory mandates from the State DWQ and the EPA, which surely,the City would want to avoid. PETER M.CORROON Sall Lake County Mayor Finally, we believe that the management plan adopted by the City will have a significant Linda Hamilton impact on the ability of the City and the County to receive grants for the restoration of the Public Works Department riparian corridor in the Park. Director FLOOD CONTROL If you have additional questions,please feel free to contact Bob Thompson at 801-468- ENGINEERING 3656. DIVISION Scott R.Baird,P.E. Thank you for your consideration. Engineering Division Director pwengineering©slco.org _ Salt Lake County L f Government Center t1t�'tl 2001 South State Street Suite N-3100 Salt Lake City,UT 84190-4500 Bob Thompson 801/468-2711 801/468-2808 fax Watershed Scientist Salt Lake County Watershed Planning and Restoration Amok CC: Mayor Corroon, Mayor Becker,Doug Willmore, Nichole Dunn, Linda Hamilton Attachment C .9, — erg — rrr♦ - Natural Area 0 .a. GI •t ,� ra ' '. Protection Area ♦ Spring resror‘ Move aaon asw TRAILS AND ACCESSA a A. c n eu : ��—��',%` ♦♦•. `' `�. 4.Y i � .Off-Leash Trail1.1 miles ,) ` o +�4 Off-Leash ' .. t .'',..-�'44._ Rparran Buffer B ♦�'- Dog Area On-Leash Trail 0.1 miles �rR�,.�..". Parley's Trail(On-Leash) 1.27 miles ,v � \`'" r " --�� Off-Leas' 's,- _ is '�o-`c �� ‘ m Dog Area ,access No Dog Trail 0.6 miles ,' __ .r� , + {`i.f a boardwalks :_,.,.t,. --1_ �,, QMajor Entrance R ; u. Buffer • — • �� P ^) 0 Minor Entrance * t,' . Protection Area ;.. Proiecfion Area `_� 7 gr ' USEAREAS } '� 1 t r it . . s.Er iiiii BMX Area 1 acre y r�,!! �. 4 L dt • a Off-Leash DogArea • t" • �'4 < al►; .". ,r. ti ` ,. "a, LLi h 13acres s 4. �,-r.�. ' � MANAGEMENT AREAS '. �. 4 ::hi::en _ �` {' �. /1 +39 acres �, i S 3 -■ + 111' w 110 Restoration Area 28 acres 4.#t _ `, l § i'ti� •' r• . t � ` y..£ i. „Ire : 1 Definitions: Off-Leash Trail-open to all users and allows for dogs to be off leash on the trail Natural Area-moderately maintained to minimize resource degradation On-Leash Trail-open to all users and requires dogs be on a leash on the trail Protection Area-actively maintained to enhance natural systems including habitat and No Dog Trail-open to users other than those with dogs natural hydrologic function Off-leash Dog Area-designated area for off-leash play Restoration Area-actively restored,maintained and monitored to improve degraded BMX Area-designated area for BMX use natural resources or cultural features 0 .` MG B+A Interim Use and Management Plan DRAFT 12.21 .10 `v : 417;14 E D.AW AECOM The c,rass(i Croup Attachment C(Continued) :.:_-_, .1_ . , . .:,..,'‘..'..i::i,..,--..:-.---..- ,r4:,..,.:.._ , - .,---.. s:-.:...,. ,--,‘ .---.. —.....,. ."- ' .. -.. . . ._. _ ...-..„.,,,, _ t. dce A r n �. • �y ., ♦ Riparian �+ �s> Restoration ♦�• 16‘ Access lo Creek Parley's Trail jy Off Leash / / ' e Dog Area ,/ ds. '.. ''� . . _ .. . ,...... r .., y - . -_ :•' = V Natural Area i a. E k R Q�R a J'g --r _ Historic - 4�k + aus Fits tolr r4I,' iro,iia�r,r r',r-lie~ -^ Protection Area , Riparian �� Spring ` t•- Protection Area '' TRAILS AND ACCESS y Restoration a"�'� , e Off-Leash Trail 1.1 miles -}' T • Spnng9u Wetland • Off-Leash Buffer . Riparian Buffer - . • 4 On-Leash Trail 0.1 miles s: . +' 4, , BMX Area Dog Area • F Parley's Trail(On-Leash) 1.27 miles r Off-Leash No Dog Trail 0.6 miles ` • r + �,� boardwalks °era* eoa draa rnrougn/ Rijn Area Access 'k'" t + ao Spr ng Sensiore Area Restoration 0 Major Entrance ,=44i j s:l y-'. I r. Butler Q QP s Creek Minor Entrance i + „* W and-Springs a�1 �, 4 i . . -- . Protection Area Protection AreaIrb ii: I USE AREAS r ,; :t 3v:,, .t # '4, , BMX Area 1 acre ` IMF Off leash Dog Area 15 acres -;+� * f ti,A sf m; - 1'� ' a • ♦ r a• t "' y Ic 4 ' MANAGEMENT AREAS r..,. ' 1 , ' • y > 1' +s. , 4 " r * • Natural Area 15 acres I r ' ' ' ,lrf if likoProtection Area 56 acres 'N yk y w H ` r t ' ' a( ` .!�; a ra+ - y i 1a , , -,r „�,t HI . i . Definitions: Off-Leash Trail-open to all users and allows for dogs to be off leash on the trail Natural Area-moderately maintained to minimize resource degradation On-Leash Trail-open to all users and requires dogs be on a leash on the trail Protection Area-Maintained to enhance natural systems including habitat and natural No Dog Trail-open to users other than those with dogs hydrologic function Off-leash Dog Area-designated area for off-leash play Restoration Area-actively restored,maintained and monitored to improve degraded natu- BMX Area-designated area for BMX use ral resources or cultural features Comprehensive Use and Management Plan DRAFT 12.21 .10 = `Mr+, EDAW AFCC)M MG B+A p 9 r ,.- `•'�_=='�-- The Grassii Group • Httacnmeni u ,,,....„,„ i: ,, 1. ,,...., ____1,,, _- , Or) ,ef Vic.+'� � i i ti.l �, __ '+ (------`•. toR ood Park Memory GroveLindsey Gardens ! I �� p y�) t', 1.21.acres owl2.52 acres, -7 _ i+ _. { .96 ptobation:Nov 20114 1 ___�_ r ...,:c..,:ps -,h ^•,,,, • 1 S' --' V. .Pioneer Park , -Ago'a_if4" 'i 2 ' .` i .2&aLCes r - � 71 l c: "L • ate' � ' .w) .� I 11 v , +« ® • Rotary Glen Park ys ,, E B ,�fi + Jordan Park- ~ ,� �' - ;,I.` * f 0.25 acres ',.l13D(3.28 acres) 4,, +' pa+ i i y Herman Franks Park ® .- \ . n �r 411 i .°! s�[ 1.33 acresp. L— `I. /i 7d' ( �. r.. 'ii .*Li , it -,. -_ •' 1 , ' �e . t+.tibi, �i '�,,.', • _ — Off Leash Dog Sites ' ,� Within Salt Lake County ? ,� tY 1 is:e�f ,, tilil - Parley's Historic Nature Park of-ell''' n a f, "r•�;. • t 15 acres e f .a"', c tk10 ' t F# r 6r -,. v 4N n , I 4` Millcreek Canyon :C rd �_ .' ,; Oi' i•u1- 81.8 Trail Miles. ,r 'I + 1 rn$ • Salt Lake City has approximately • Millrace Dog Park 30 acres of off leash sites. 4 1.5 acres ' y Within Salt Lake County off leash sites tr 74 L„t r - rr ,+1 ; ,+ 'x total 2.5 acres of Parks and 81.8 linear h aY r 'i i .t� �, .' - r k ttt • ` t ,.�. miles of trail in Millcreek Canyon. rt*ce. a( � �i�`t�f. - �, •t 1 �'' -ftrri rt i�� � z wr ri,.y,'A im n.y vtk�li. . ,f , �' + '5% s 4rL : k 4 s' -'l.• .,p- ^Gg- ? 4.r k 1-',„,,a • +it { ,, _; n W.. tS.•a..f. ,4. +u A� ,tt, r , i +) - '"1 .� s' a+'^Jyx., .. z • 1.-4-.- ' e4,3. Sr*-.fi sc -k'� 4 -Y V ) -,r,X�iF'�,,: lrl .�11t�s+.0 n'1 Y -t, -'y 1�Mn([ F t ,.1'b`� 4$Pt_. :,•,fr.�s'+ .• , i -..r, �++i5 v;' r r ` �a,�y4'e i14.,1•ec 3'fai'C-.n� ' 3. a;• : :..Q y,�,.. . . ` t :i r <`r ( k�i , "ate-"- . �: �1 �,?J• ..: FPA��,,r' -�: �4_...•,I.r�` ,.,4 Salt Lake City Off Leash Parks �� , y rr s; a, , ' of Lr �' ' ® County Off Leash Parks , ram 'a r „�! +{ *F �s r ri kr't' t "!�. �' k`i f!s 1 T7c Ly Y ?ir h" L '1• i�.. = . ? .• it sZr.i� -:� :„.7:7:::,,,fr . '� `�� �,, ' SLC Boundary West Jordan Dog Park- + r t•ind—� � "' ra s Y' 1 — J • TBD ` ' r � at�y' i �tw e1 " +�,�"F r i County Boundary �''` y� 1r7.:! : r ti res 1 ! Sandy Dog Park , M _ilk' t g* •> • t {1" �. 1 afire '� ar _"i' „tr : 0 1.25 2.5 5 WF�� s �''3 Miles 0 10-1 T 10-5 SALT LAKE CITY ORDINANCE No. 90 of 2010 (Adding Parley's Historic Nature Park to the list of City parks,playfields, and golf courses) An ordinance enacting Section 15.04.145,Salt Lake City Code,to add Parley's Historic Nature Park to the list of City parks,playfields, and golf courses. WHEREAS, Chapter 15.04 of the Salt Lake City Code legally describes City parks, playfields, and golf courses; and WHEREAS,the Salt Lake City Council desires to add Parley's Historic Nature Park to the list of City parks,playfields, and golf courses set forth in Chapter 15.04. NOW,THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 15.04.145 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows: 15.04.145: PARLEY'S HISTORIC NATURE PARK: Parley's Historic Nature Park is described as follows: Beginning at the North 1/4 Corner of Section 26, Township 1 South, Range 1 East, Salt Lake Base and Meridian; thence N90°00'00"E 212.49 feet;thence S64°56'27"E 266.56 feet; thence S33°44'23"E 1032.23 feet; thence S77°48'47"W 138.87 feet;thence N89°59'10"W 307.14 feet to a point on the north boundary of North Canyon Rim Subdivision and following said subdivision for the next three courses; thence N84°15'12"W 100.13 feet; thence S86°07'52"W 147.34 feet; thence N82°09'12"W 293.80 feet;thence NOO°02'04"W 382.55 feet; thence N77°13'49"W 153.24 feet; thence S00°00'00"E 157.00 feet; thence S51°03'50"W 136.80 feet; thence S00°00'00"E 151.85 feet;thence S23°30'00"W 196.32 feet; thence N90°00'00"W 25.00 feet; thence S00°00'00"E 20.00 feet; thence N90°00'00"W 80.00 feet to the Northeast corner of Canyon Rim Addition#3 Subdivision;thence along said subdivision N73°06'11"W 707.39 feet; thence N41°18'28"W 399.53 feet; thence N55°00'00"W 141.35 feet; thence N30°04'01"W 74.28 feet; thence N55°59'31"W 399.92 feet; thence S00°00'00"E 56.03 feet to the Northeast corner of Pleasant View Heights Addition Subdivision and along said subdivision the next five courses;thence N66°50'00"W 203.40 feet;thence N79°58'26"W 100.52 feet; thence N31°30'00"E 13.93 feet; thence N58°30'00"W 155.00 feet;thence S31°20'09"W 74.75 feet; thence N07°21'40"W 195.11 feet; thence N90°00'00"E 969.73 feet; thence N00°00'00"E 578.00 feet; thence S71°37'21"E 15.08 feet;thence S40°41'00"E 80.00 feet; thence S80°20'00"E 136.00 feet; thence N73°35'00"E 47.67 feet;thence S75°12'01"E 141.52 feet; thence S44°40'00"E 64.45 feet;thence S55°36'00"E 164.10 feet;thence S73°30'00"E 197.49 feet; thence S00°00'00"E 59.79 feet; thence S65°10'23"E 243.58 feet; thence N23°00'00"E 114.00 feet;thence S68°16'30"E 111.00 feet; thence S69°30'00"E 214.46 feet;thence S00°00'00"E 99.11 feet to the point of beginning, contains 60.76 acres more or less. SECTION 2. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City,Utah this may of December , 2010. ERS ATTEST: CITY RECORDER Transmitted to Mayor on December 16, 2010 Mayor's Action: Approved i Vetoed MAY•R CITY RECORDER (SEAL) APPROVED AS TO FORM Date: / cJ Bill No. 90 of 2010. By: ��� Published: 0 10-1 T 10-5 SALT LAKE CITY ORDINANCE No. 91 of 2010 (Designating and authorizing dog off-leash areas in Parley's Historic Nature Park) An ordinance amending Section 8.04.390 and Section 15.08.070,Salt Lake City Code,to designate and authorize dog off-leash areas in Parley's Historic Nature Park. WHEREAS, Section 8.04.390 and Section 15.08.070 of the Salt Lake City Code prohibit animals from running at large except in certain places designated as "off-leash areas"within City parks and public spaces, and WHEREAS, on September 9, 2004 the Council adopted Resolution 52 of 2004 approving "Modified Process and Evaluation Guidelines Regarding Future Dogs Off-Leash Areas" (the "Guidelines"); and WHEREAS, pursuant to the Guidelines, a proposal to designate off-leash areas within Parley's,Historic Nature Park has been favorably completed except for official designation in the City code; and WHEREAS,the Salt Lake City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Section 8.04.390 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 8.04.390: ANIMALS RUNNING AT LARGE: A. With the exception set forth in Subsection B of this section, it is unlawful for the owner or person having charge, care, custody, or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any person violating any provision of this section shall be deemed guilty of a civil violation and shall be penalized as provided in Section 8.04.512, "Appendix A", of this chapter. B. 1. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by City ordinance, specifically designated by the Director of Public Services as "off leash areas", and clearly identified by signage as such. Said areas shall be as follows: a. Designated areas of Memory Grove park known as the Freedom Trail section, b. The municipal ballpark, also known as Herman Franks park, except for ti the fenced youth baseball diamonds and playground area, c. Designated areas of Jordan park, d. Designated areas of Lindsey Gardens, and e. Designated areas of Parley's Historic Nature Park, as set forth in Chapter 15.10 of this code, or its successor. 2. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control"means that a dog will respond on command to its owner or custodian. C. The foregoing notwithstanding, the Public Services Department may conduct additional experiments in other areas of the City for possible future legislative enactment establishing such areas as "off leash areas", provided such experiments are conducted in accordance with the guidelines approved by the City Council in its Resolution 52 of 2004. SECTION 2. Section 15.08.070 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 15.08.070: INTERFERENCE WITH ANIMALS OR FOWL: A. Unlawful Acts: No person shall annoy, injure, release from confinement, or in any manner interfere with any swan, duck, goose, bird, or animal on the property of the City. B. Unleashed Dogs: 1. Except as set forth in Subsections B2 and B3 of this subsection,no person shall suffer or permit any dog to enter or remain in a public park or playground unless it be led by a leash of suitable strength,not more than six feet(6') in length. 2. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by City ordinance, specifically designated by the Director of Public Services as "off leash areas", and clearly identified by signage as such. Said areas shall be as follows: a. Designated areas of Memory Grove park known as the Freedom Trail section, b. The municipal ballpark, also known as Herman Franks park,except for the fenced youth baseball diamonds and playground area, c. Designated areas of Jordan park, d. Designated areas of Lindsey Gardens, e. Designated areas of Parley's Historic Nature Park, as set forth in Chapter 15.10 of this code, or its successor, and f. Experimental areas referred to in Subsection 8.04.390C of this code, or its successor subsection. 3. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control"means that a dog will respond on command to its owner or custodian. C. Animals To Be Controlled: No person shall ride or drive any horse or animal not well broken and under perfect control of the driver. D. Livestock And Animals: No person shall lead or let loose any cattle,horse,mule, goat, sheep, swine, dogs, or fowl of any kind. E. Tethering Animals: No person shall hitch or fasten any horse or other animal to any tree or any other place or structure not especially designated and provided for such purpose. SECTION 3. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 14thday of December , 2010. C AIRPERS ATTEST: CITY RECORDER Transmitted to Mayor on December 16, 2010 Mayor's Action: Approved y Vetoed / r,)% MAYO' CITY RECORDER APPROVED AS TO FORM (SEAL) Date: l2—`?�/'U Bill No. 91 of 2010. By: Published: l 0 10-1 T 10-5 SALT LAKE CITY ORDINANCE No. 92 of 2010 (Enacting Chapter 15.10 Establishing Use and Management Rules for Parley's Historic Nature Park) An ordinance enacting Chapter 15.10,Salt Lake City Code,to establish use and management rules for Parley's Historic Nature Park. WHEREAS, on July 17, 2007, the City Council adopted a motion that, among other things, expressed the Council's intent that a use and management plan be adopted for the Parley's Historic Nature Park(the "Park"), and WHEREAS, the City Council has held duly noticed public hearings and work sessions to receive public comment and review proposed Park use and management policies; and WHEREAS, the Council intends that use and management policies meet the needs and desires of the Park's multiple users while also protecting environmentally sensitive areas, and WHEREAS,the City Council desires to enact Chapter 15.10 of the Salt Lake City Code to establish use and management rules for the Park; and WHEREAS, the City Council finds (i)adoption of this ordinance meets the intent of the Council motion adopted on July 17, 2007 regarding use and management of the Park, and (ii) reasonably protects the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Chapter 15.10 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows: Chapter 15.10 PARLEY'S HISTORIC NATURE PARK USE AND MANAGEMENT 15.10.010: SCOPE: In addition to the park and playground rules set forth in Chapter 15.08 of this title,the provisions of this chapter shall govern the use and management of Parley's Historic Nature Park. In the event of a conflict between the provisions of Chapter 15.08 and this chapter, the provisions of this chapter shall apply. 15.10.020: PURPOSE AND POLICY OBJECTIVES: This chapter is enacted to provide rules for the use and management of the Parley's Historic Nature Park and is intended to help achieve the following policy objectives: A. Protect the riparian corridor and water quality; B. Protect and restore cultural and natural resources, including water resources, plant communities, wildlife and habitat,biodiversity,and historical sites; C. Restore damaged areas, including historic property, user-created trails, culverts, eroded hillsides and stream banks,missing riparian corridor vegetation and habitat, and eliminate 1, noxious weeds; D. Prevent disasters, including damage from fire, floods, and threats to point-source water quality; E. Maintain and enhance multiple park uses with minimal conflict, including off-leash dog walking; walking,trail running and hiking, including ADA access where possible; regional trails and connections; BMX and cycling; water access; and nature appreciation and education; F. Identify dog off-leash recreation areas; G. Maintain emergency and maintenance access; H. Limit undesirable impacts on neighboring property; and I. Encourage self-policing and volunteer patrols. 15.10.030: PARK ENTRANCE POINTS: A. The Parley's Historic Nature Park shall be accessed only from the following four(4) places as shown on the comprehensive use and management plan map adopted by reference in Subsection 15.10.090 of this chapter: 1. Entrance A: On the west boundary of the park, located adjacent to the east parking lot of Tanner Park, denominated as "Entrance A"on the comprehensive use and management plan map; 2. Entrance B1: On the west end of Parley's Trail, located adjacent to the West parking lot of Tanner Park, denominated as "Entrance B 1"on the comprehensive use and management plan map; 3. Entrance B2: Near the east boundary of the park, located along Parley's Trail, east of I-215, denominated as"Entrance B2"on the comprehensive use and management plan map; and 4. Entrance C: On the south boundary of the park, located approximately at 2870 East, denominated as"Entrance C"on the comprehensive use and management plan map. B. Dogs may enter the park only at Entrances A, B 1, and B2, and shall be prohibited from entering the park at Entrance C. 15.10.040: TRAILS: A. Trails shall be established and maintained only as shown on the comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter and in accordance with this section. B. All approved trails shall be clearly marked. C. Unapproved, user-created trails existing as of December 15, 2010 shall be evaluated by the Mayor, or the Mayor's designee, as follows. 1. Trails identified as irreparable shall be closed and restored to a natural state. 2. Trails identified as reparable shall be repaired and shall thereafter be deemed an approved trail. 3. Trails identified as usable shall be deemed an approved trail. D. Trails approved pursuant to Subsections C2 and C3 of this section shall be shown on the park use and management plan map adopted by reference in Subsection 15.10.090 of this chapter. E. User-created trails appearing after December 15, 2010 shall be closed and restored to a natural state. 15.10.050: DOG OFF-LEASH AND ON-LEASH AREAS: A. Dogs may run at large within Parley's Historic Nature Park except as otherwise provided in Subsections B, C, D, and E of this section. The physical boundaries of dog on-leash and off-leash areas shall be clearly marked. B. Dogs shall be on-leash, on-trail within or immediately adjacent to the following places: 1. Any historic site area designated on the comprehensive use and management plan map; 2. Within the Parley's trail right-of-way; and 3. Within the west Tanner Park parking lot to the Parley's trail and the east Tanner Park parking lot to the Parley's Historic Nature Park regulation sign located at the first turn, top of the hill. C. Dogs shall be permitted off-leash on the south loop trail located between the pedestrian bridges over Parley's Creek. D. Dogs shall be prohibited on the trail from Entrance C to the south loop trail. E. Public access and use shall be prohibited in designated protection, natural, and restoration areas as set forth in Sections 15.10.060 and 15.10.080 of this chapter. 15.10.060: RIPARIAN CORRIDOR,WETLAND,AND NATURAL SPRING AREAS: A. Riparian corridor, wetland, and natural spring areas shown on the comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter shall be maintained and protected in accordance with this section. B. The provisions of Section 21A.34.130(Riparian Corridor Overlay District)of this code shall apply to the Parley's Historic Nature Park except as follows: 1. Except as provided in Subsection B3 of this section,there shall be no disturbance of land(trails or development) located within fifty(50) feet of the Parley's Creek annual high water level (AHWL): 2. Natural springs and wetlands shall be preserved and protected by twenty-five (25)to fifty(50) foot buffer zones, boardwalks,and/or signage. When use of boardwalks is not feasible,trails shall be aligned or realigned as needed to avoid encroachment within natural spring and/or wetland buffer zones. 3. Designated Parley's Creek access areas, bridges, and boardwalks may be established,repaired, and maintained subject to applicable provisions of Section 21A.34.130 of this code. 15.10.070: PARLEY'S CREEK PUBLIC ACCESS AND USE AREAS: A. Public access to and use of Parley's Creek shall be permitted at the following three (3) places within the park: one (1) area located on the east end, one (1) area on the west end near the Parley's Creek pedestrian bridge, and one (1)area to be determined by the Mayor, or the Mayor's designee, no later than July 1, 2011. Such public access and use areas shall be: 1. Shown on the comprehensive use and management plan map adopted by reference in Subsection 15.10.090 of this chapter; and 2. Designed to prevent stream bank erosion, sedimentation, and pollution input to Parley's Creek. Such areas may be temporarily closed for maintenance and protection of water quality. B. Dogs may run at large within the public access and use areas described in Subsection A of this section, except within a protection, natural, or restoration area as provided in Section 15.10.080 of this chapter. 15.10.080: PROTECTION,NATURAL,AND RESTORATION AREAS: A. Protection, natural, and restoration areas shown on the interim and comprehensive use and management plan map adopted by reference in Section 15.10.090 of this chapter shall be maintained and managed to avoid damage or degradation, and/or to allow restoration, as the case may be. Recognized best management practices shall be employed in such areas: 1. Riparian corridor, wetland, and natural spring areas except as otherwise provided in Section 15.10.060 of this chapter; 2. Areas with steep slopes; 3. Areas and trails with soils susceptible to slope failure, erosion, and/or excessive sedimentation; 4. Highly-vegetated areas which function as natural filters to prevent pollutants from being introduced in stream areas; 5. Areas with substantial native vegetation; and 6. Areas which, if not protected,would be likely to result in impaired water quality. B. Public access to any area may be temporarily prohibited as needed to protect: 1. Public safety; 2. An overused area, as determined by the Mayor or the Mayor's designee, which may be severely damaged if public use and access is not temporarily prohibited to allow restoration and avoid further degradation and possible permanent closure; and 3. Any restored and/or re-vegetated area. C. Protection,natural, and restoration areas shall be clearly marked. 15.10.090: PARK USE AND MANAGEMENT PLAN MAP: A. The comprehensive use and management plan map, dated December 14, 2010 illustrating and delineating Parley's Historic Nature Park features referenced in this chapter, is hereby adopted. B. An interim use and management plan map, dated December 14, 2010 illustrating and delineating current conditions, and current and future restoration areas, is also hereby adopted. C. After trail evaluation is completed as provided in Section 15.10.040C, the comprehensive use and management plan map shall be: 1. Updated accordingly by the Mayor, or the Mayor's designee; and 2. Transmitted to the City Council. 15.10.100: CONFLICT OF LAW: If any provision of this chapter conflicts with a provision of an applicable state or federal law, such provision shall supercede the conflicting provision of this chapter. SECTION 2. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 14t1day of December , 2010. ERS ATTEST: CITY RECORDER Transmitted to Mayor on December 16, 2010 Mayor's Action: Approved Vetoed MAYO' CITY RECORDER APPROVED AS TO FORM (SEAL) Date: 2- /' ` 0 By: Bill No. 92 of 2010. Published: RECEIVED R DEC 3 0 2010 se '.7; t memorandum i tit. m - -rn Building Services Division Community&Economic Development Department To: City Council From: Orion Goff, CBO,Building Services Division Director Date: January 4,2011 CC: Frank Gray, Community&Economic Development Department Director,Mary De La Mare-Schaefer,Community&Economic Development Department Deputy Director Re: Technology Update—Shared Database for Plan Review Stakeholders Introduction Building Services,in response to ongoing complaints from construction and development related customers of being`bounced around' among the multiple City Departments and Divisions responsible for plan review and permit issuance, sought a software solution to solve that complaint in the spring and summer of 2006. After a few months of market research and demonstrations,the solution was proposed and subsequently purchased. The new software for a shared database was purchased `off-the-shelf from Accela Government Software on June 22,2007. Configuration of the software took one year and full implementation of the solution went"live"on July 28,2008. (http://www.accela.com/) Previously,the various City Departments/Divisions were using proprietary software developed in-house,custom designed and built for each work group. Although effective in operation for each work group,these systems were not designed to share information nor commonality of access or operation;they were also unavailable to the customer except via telephone or a personal visit to City staff. The Accela software implemented,has,at its core,a common database for land use; accessible to all stakeholders in-house through Accela Automation and for external customers,through Accela Citizens Access. (ACA) Page 1 of 3 The implementation of this shared database provides the framework for a truly one- - stop-shop for all development related stakeholders, internal and external to the City across all Departments/Divisions with responsibility for plan review and permit issuance related to the built environment and more. The intent of this briefing is a cursory review and update on the original mandate, its history,current status and related challenges. Mandate • Combine all stakeholders responsible for plan review into one shared database. • Provide customers a fully integrated and transparent process across all of the plan review stakeholders; internal and external. Current Status • Original mandate met at `go-live' on July 28th 2008 with the Building Module. • Building Permits are currently accessible and viewable to all customers online. • Customers are able to apply for building permits online. • Customers can schedule inspections on-line and retrieve inspection results and zoning information on-line • At go-live, the software exceeded our mandate by providing process solutions for a total of nine Modules including: o Planning o Engineering o Transportation o HAZE(Housing and Zoning Enforcement) o Business Licensing o Fire Prevention o Public Utilities o CED Administration o Ground Transportation • Accela GIS (AGIS)—Accessing and leveraging information created in Accela via the Accela geographic interface. Initiating an action from a map • There are currently six new Modules or Record types either in development or recently deployed. They are: o Development Review Team (DRT) o One-Stop-Shop/Buzz Center — 'Walk In' Tracking o Property Management Ownership tracking Page 2 of 3 o City Council Transmittal Tracking o Special Events o Residential Parking Challenges • Accela is becoming the solution for many unanticipated processes City-wide— Scope Creep • Training— integrated IMS user training and support • Resources—back-up and support for current technical staff—Business side and IMS • Growing exponentially with no additional resources • Long-term software administration • Integrated, City-Wide, Comprehensive GIS viewing through the Accela User Interface Page 3 of 3 RECEIVED OCT 061010 s'-'.. r' A' wallow(ci o io LYNN H.PACE LAW DEPARTMENT RALPH BECKER DEPUTY CITY ATTORNEY MAYOR MEMORANDUM TO: Salt Lake City Council CC: Mayor Becker David Everitt Frank Gray Jeff Niemeyer Emy Maloutas FROM: Lynn H. Pace DATE: September 23, 2010 RE: Proposed Interlocal Cooperation Agreement Establishing the Jordan River Commission As you are aware, Salt Lake County, Envision Utah,and various municipalities, including Salt Lake City, have been working on a proposed interlocal agreement which would establish a Jordan River Commission, in a manner similar to the agreement which was used to create the Utah Lake Commission which was done several years ago. In July of this year I was asked to review that proposed interlocal agreement and to provide feedback to the Administration and the City Council. That review was conducted, and proposed modifications to that agreement were provided to the Administration and City Council during a briefing session, as well as to Salt Lake County and representatives from Envision Utah. At the conclusion of the Council briefing, we were encouraged to continue our dialog with Salt Lake County and Envision Utah to make appropriate modifications to the agreement. Discussions between those parties and the City followed, and several modifications to the agreement were made. However, Salt Lake County and Envision Utah declined to make several of the more significant revisions requested by the City, explaining that several of those issues were already addressed within the existing agreement. and that further modifying the agreement v ould be very difficult with multiple participating parties. 451 SOUTH STATE STREET,ROOM 505, P 0 Box 145478,SALT LAKE CITY,Err 84114.5478 TELEPHONE; 801-535.7788 FAX' 801.535-7840 n CSAEc.0 eo r,rs, Upon direction from the City Administration, I informed Salt Lake County and Envision Utah that if those requested changes were not made,the City Administration would not recommend that the Council approve the interlocal agreement. Since that time, I have received a subsequent communication from the Mayor's Office, indicating a change in the Administration's position on this issue. Specifically, Mayor Becker stated as follows: My sense is that we look at the Agreement giving the benefit of the doubt to the process,while protecting Salt Lake City"s interests. In my mind: a super majority for approval of actions is plenty; if we aren't committing City financial resources without legislative approval we are protected(Alan[Matheson) believes there is language that accomplishes that,although in one section that could be interpreted as ambiguous), and if our ultimate decision making for local decision is preserved, we should be okay. Trying to reopen an agreement that was completed would be an arduous task, . . [Ujnless we have a serious issue with the interlocal Agreement that impedes our jurisdictional responsibility, I want to give this regional effort on the Jordan River the opportunity to succeed. Based upon the Mayor's comments, I have been asked to inform the Council that the City "" Administration is willing to enter into the interlocal agreement as currently drafted without insisting upon further modifications to the agreement. We recognize that the approval of an interlocal agreement is a legislative action, subject to the discretion of the Council, but we wanted to make the Council aware of the fact that the Administration no longer has the objections to the current agreement that it had originally expressed. Accordingly, by this Memorandum we are re-transmitting this matter to the Council for its further consideration and decision. If you need any further information,please let us know. iui ATTY--`I4,30 RESOLUTION NO. 2010 (Authorizing the Mayor to Execute an Interlocal Cooperation Agreement Establishing the Jordan River Commission) WHEREAS, the Jordan River is an important community resource along the Wasatch front in Utah, Salt Lake and Davis Counties; and WHEREAS, any attempt to preserve and enhance the Jordan River, the Jordan River Parkway, or the Jordan River riparian corridor would require the mutual cooperation and assistance of multiple governmental entities located along the Jordan River corridor; and WHEREAS, with the cooperation and assistance of Envision Utah, and various other governmental and community groups a document entitled`Blueprint Jordan River,"has been prepared for the purpose of creating a plan for preserving and enhancing the Jordan River and its environment; and WHEREAS, in order to adequately implement and fund this Blueprint plan, various governmental entities concerned about the Jordan River have negotiated an Interlocal Agreement for that purpose; and WHEREAS, the Salt Lake City Council finds that the City's participation in the Blueprint Jordan River and the Interlocal Agreement are in the best interests of the City; NOW, THEREFORE,be it resolved by the City Council of Salt Lake City, Utah, that the Mayor of Salt Lake City shall be and hereby is authorized to execute the Interlocal Cooperation Agreement Establishing the Jordan River Commission on behalf of the City. Passed by the City Council of Salt Lake City, Utah, this day of 2010. INTERLOCAL COOPERATION AGREEMENT ESTABLISHING THE JORDAN RIVER COMMISSION THIS INTERLOCAL COOPERATION AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 2010, by and between the signatories to this Agreement. The signatories to this Agreement are "public agencies" as defined in the Utah Interlocal Cooperation Act, and are hereinafter referred to collectively as "Members"or"Parties"and individually as "Member"or"Party." WITNESSETH: WHEREAS, pursuant to the provisions of the Utah Interlocal Cooperation Act (the "Interlocal Cooperation Act"), Title 11, Chapter 13, Utah Code Annotated (the "Utah Code"), public agencies are authorized to enter into mutually advantageous agreements for joint or cooperative action; and WHEREAS, the Parties to this Agreement believe the Jordan River is one of Utah's great natural treasures and that cooperative action through the creation of a Jordan River Commission (the "Commission") would promote protection of the river in keeping with the Public Trust Doctrine, facilitate orderly planning and development in lands and waters adjacent to the river or impacting the quality of waters flowing into the river while protecting an individual jurisdiction's ability to govern its own area, and assist in the formulation and implementation of comprehensive plans for the management,protection and preservation of the river; and WHEREAS, the Parties to this Agreement have respectively received appropriate authority to participate, as described herein, in a new Utah interlocal entity to be known as the Jordan River Commission; and WHEREAS, Envision Utah, after extensive public hearings and public involvement, has developed a document titled `Blueprint Jordan River" which sets forth guiding principles and goals developed through a public process for protecting the Jordan River and developing it as a community resource for the citizens of the counties and cities through which it passes; and WHEREAS, the Commission will be responsible for developing broad-based support for Blueprint Jordan River and fostering the involvement of federal, state and local officials, representatives of private and non-governmental organizations, and the public in the implementation of the Blueprint; and WHEREAS, the Commission can identify"best practices"with respect to management of the river ecosystem and can use that work to assist the Parties and private entities with professional and technical expertise and coordinate the exchange of information and expertise between the parties; and WHEREAS, the Commission will be an effective and shared entity for on-going planning for the Jordan River that will have political, legal and financial viability; and WHEREAS, by focusing on the river in its entirety, the Commission will coordinate with the cities and the counties in arriving at a comprehensive vision and Jordan River Blueprint for the entire river; and WHEREAS, the Commission can identify and help solve issues relating to streams and creeks feeding into the Jordan River thus increasing the water quality of the overall system; and WHEREAS, the Commission, through the broad participation of the Parties and the community can enjoy increased capability to secure governmental, foundation and other financial support for activities improving the river. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE 1 Definitions As used herein, the following terms and words shall have the following meanings: .000, 1.1 "Board" or "Governing Board" means the governing body of the Jordan River Commission. 1.2 "Bonding" means the issuance of "Bonds" and "Bonds" means bonds, notes, certificates of participation or other evidences of indebtedness of the Jordan River Commission, except as provided herein. 1.3 "Commission" means the Jordan River Commission, the new legal entity created by this Interlocal Cooperation Agreement. 1.4 "Effective Date" means the date the Parties to this Interlocal Cooperation Agreement intend for this Agreement to become effective, and is the date first written above. 1.5 "Governing Body" means the board, commission, council or executive body of a Member to whom a particular decision or governmental action is entrusted by law. For purposes of the financial decisions contemplated by Paragraphs 5.6 and 9.3 of this agreement, "Governing Body"in a city or county shall mean the city's or county's legislative body. 1.6 "Jordan River Blueprint" means a set of guiding principles and standards formally adopted by the Governing Board of the Commission as the principles and standards guiding improvement, use and development of the Jordan River and the lands and wetlands adjoining the river under the jurisdiction of the various local and state governmental entities and may include 2 recommendations to Members and others on how best to set standards for improvement, use and development in the Jordan River Blueprint Study Area. It is the intent of the Parties that the Blueprint Jordan River prepared by Envision Utah and the guiding principles set out therein shall serve as the initial Jordan River Blueprint for the Commission. 1.7 "Members" or "Parties" means the participating counties, municipalities, limited purpose local government entities, and the State of Utah as represented by its participating departments. 1.8 "Ex Officio Members"means entities, associations, or organizations appointed in accordance with Section 5.4. 1.9 "Operation and Maintenance Expenses" means all expenses reasonably incurred by the Jordan River Commission or paid to any other entity pursuant to contract or otherwise, necessary to fulfill the purposes of this Agreement, including cost of audits hereinafter required, payment of insurance premiums, and, generally all expenses, exclusive of depreciation and other non-cash items which under generally accepted accounting practices are properly allocable to operation and maintenance; however, only such expenses as are ordinary and necessary to the proper and efficient operation of the Jordan River Commission shall be included. 1.10 "Technical Advisory Committee" or "Technical Committee" means the technical advisory committee formed pursuant to Article 12 to advise the Governing Board on water quality, environmental, development, engineering, recreation, wildlife, and other technical and relevant issues associated with the Jordan River. 1.11 "Jordan River Blueprint Study Area" means the Jordan River and all lands and wetlands within one-half mile of the river as identified in the Blueprint Jordan River as it currently exists or as it may be amended from time to time. ARTICLE 2 Purposes This Agreement to create the Jordan River Commission as a separate legal entity, as provided by the Interlocal Cooperation Act, is entered into by the Members in order to perform the following activities and such others as are authorized by law and approved by the members: 2.1 Encourage and Promote Multiple Uses of the River. The Commission shall balance access, use, development, ecological value, preservation, restoration and economic benefits in accordance with applicable laws, rules and regulations, and consistent with the fact that the ownership of the river and its adjacent lands and areas are owned or governed by various public and private entities. 2.2 Foster Communication and Coordination. The Commission shall coordinate communication among agencies and organizations 3 regarding all aspects of land use, water use, water rights, river and river ecosystem protection, recreation, public facilities, and natural resource planning and management that affect the Jordan River and cooperate with state, federal, local governments, as well as private landowners and organizations to implement the purposes and goals of the Commission as adopted in the Jordan River Blueprint as determined by the Board and the "best management practices" developed by its Technical Advisory Committee. The Commission shall coordinate with agencies and entities having jurisdiction over the tributaries of the Jordan River so that the overall health and well being of the River is considered in the activities of those agencies and entities. 2.3 Promote Resource Utilization and Protection. The Commission shall promote the conservation, restoration and protection of the river's natural resources, including fish and wildlife, riparian habitat, water, water quality, environmental concerns, and open space. 2.4 Maintain and Develop Recreation Access. The Commission shall encourage the enhancement of public access to recreational opportunities on and around the river in accordance with the purposes of the Commission and the guiding principles outlined in the Jordan River Blueprint and education and outreach efforts in furtherance thereof. 2.5 Monitor and Promote Responsible Economic Development. The Commission shall monitor and promote responsible economic activity along the river and in areas affecting the river to promote efficient and orderly development that harmonizes with the aforementioned purposes of the Commission and is in accordance generally with the principles outlined by the Jordan River Blueprint. 2.6 Identify and Secure Funding for the Acquisition of Critical Habitat and Open Space. The Commission will actively seek public and private funding to be used to acquire critical habitat and open space and to restore vital functioning of the riparian corridor. To that end it may partner with public entities, foundations and other private sources to secure and protect necessary river resources. The Commission shall be authorized to spend Commission and other private and public funding for projects directly benefitting the River regardless of whether those projects are in the Jordan River Study Area. 2.7 Engage in ongoing planning for the Identified Jordan River Blueprint Study Area. The Commission will engage in a continuing planning process that involves the Members, the Ex Officio Members, other governmental entities and the community to guide development of the river and public and private facilities within the Jordan River Blueprint Study Area. .» 4 ARTICLE 3 Term of the Interlocal Cooperation Agreement The term of this Interlocal Cooperation Agreement shall continue for fifty (50) years from the Effective Date of this Agreement unless this Agreement is sooner terminated by vote of seventy-five percent (75%) of the Members of the Jordan River Commission or by operation of law. ARTICLE 4 Creation of the Jordan River Commission 4.1 Independent Legal Entity; Scope. The Jordan River Commission shall become a separate and independent governmental entity on the Effective Date pursuant to the provisions of this Agreement and shall continue its operation and existence pursuant to the provisions of this Agreement. The area included for Commission study and action shall include the Jordan River Blueprint Study Area as defined in Article 1. 4.2 Headquarters. The Jordan River Commission's headquarters shall be located in a Member's geographical boundaries as determined by the Governing Board. The Governing Board may change the location from time to time. The Commission will have a budget as funded by the Board which allows it to hire necessary staff; purchase services from participating governmental entities, and retain the services of necessary legal counsel and consultants in accordance with an annual budget approval by the Board. ARTICLE 5 Parties to this Agreement 5.1 Initial Membership. Each signatory to this Agreement hereby contracts with the other signatories of this Agreement to form, and become a Member of, the Jordan River Commission to accomplish the purposes set forth in Article 2 herein. 5.2 Withdrawal. Each party to this Agreement acknowledges and agrees that the withdrawal of any Member from this Agreement pursuant to Section 5.6 shall not adversely affect this Agreement nor such party's contractual relationship with any other Party to this Agreement. Withdrawal of a Member does not relieve the Member's obligation to pay its annual dues for current year or its share of obligations, indebtedness, and liabilities incurred prior to withdrawal in accordance with Section 9.3. 5 5.3 Member Representation on Governing Board. Membership of the Governing Board shall be made up of the signatories to this Agreement and as noted in Appendix 1 of this Agreement and such Ex Officio members as are admitted pursuant to Section 5.4. These Members shall have voting rights as noted in this Agreement. Counties that have established Municipal Type Services Districts pursuant to UCA 17-34-1 et seq. shall be entitled to two seats on the Governing Board to ensure adequate representation on issues related to unincorporated area land use regulation and county-wide recreational responsibilities. 5.4 Ex Officio Members of the Board. By a majority vote of the Governing Board, Ex-Officio members may be appointed or removed from the Board as Ex Officio members. Ex Officio members shall be selected from other interested parties including recreation organizations; water user organizations; and other public or non governmental organizations. Interested parties may petition the Governing Board to become Ex Officio Members. Ex Officio members shall be voting members who serve terms of two years and shall pay dues in accordance with Sections 13.1 and 13.3. Ex Officio membership shall continue for subsequent terms unless terminated by a majority vote of the Governing Board. After the Commission is established and the Governing Board has voted, those appointed to serve as Ex Officio members of the Board shall be listed in Appendix 1 to this agreement, which Appendix shall be modified as the Governing Board adds to or deletes those who will serve. Ex Officio members shall comprise one-third (1/3) of the total members of the ''".",k Commission. The actual number of Ex Officio members shall vary from time to time as regular Members join or withdraw from participation in the Commission. An Ex Officio member may be removed prior to the expiration of the member's term if a reduction in the total number of Ex Officio members is required by the withdrawal of a Member. Selection of the Ex Officio member to be removed shall be by a majority vote of the Governing Board. 5.5 Subsequent Membership. Public agencies who do not initially approve and become signatories to this Agreement, have withdrawn and wish to reapply, or are newly created municipalities or Limited Purpose Local Government Entities may join and become signatories to this Agreement upon approval of, and pursuant to the conditions established by,the Governing Board. 5.6 Notice of Withdrawal. A Member, including an Ex Officio Member, may withdraw if the governing body of the Member gives written notice of its intent to withdraw from the Governing Board of the Jordan River Commission not less than thirty days after the annual budget and dues structure is established for the following fiscal year. Such withdrawal shall take effect on the last day of the current fiscal year. Any such notice shall not affect the obligation of the Member to pay its financial obligations to the Commission for the current fiscal year, including payment of its annual budget commitment. A withdrawal may not materially adversely affect any project or bonds previously approved by the Jordan River Commission and the governing body of the 6 withdrawing Member. A Member who withdraws its membership shall have no further obligations to the Commission and the Commission shall have no further obligations to the withdrawn Member, except as otherwise expressly provided for herein. The fact that a public agency has previously withdrawn its membership or its membership has been cancelled shall not prohibit said public agency from rejoining the Commission as provided in Section 5.5. ARTICLE 6 Voting Rights of Members 6.1 Voting by Members and Technical Committee Members. Each Member of the Governing Board shall be entitled to one vote on the official business that comes before the Board. Technical Committee Members who are not also members of the Governing Board shall not be entitled to vote. ARTICLE 7 Powers and Authority of the Commission 7.1 Independent Legal Entity, Scope and Location. The Jordan River Commission shall become a separate and independent governmental entity on the effective date of this Agreement pursuant to the provisions of this Agreement and the Interlocal Cooperation Act. The Commission shall continue its operation and existence pursuant to the provisions of this Agreement. The area for Commission study and action shall include the Jordan River Blueprint Study Area as defined in Article 1. 7.2 Interlocal Cooperation Act Powers. The Jordan River Commission shall have all powers granted by the Interlocal Cooperation Act and is hereby authorized to do all acts necessary to accomplish its stated purposes, including,but not limited to, any or all of the following: 7.2.1 To make and enter into contracts consistent with Section 7.5. 7.2.2 To acquire, hold, or dispose of its property, contributions, grants, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities for projects benefitting the Jordan River and the public interest. 7.2.3 To sue and be sued in its own name. 7.2.4 Except as otherwise provided herein, to lawfully cooperate and/or contract with other entities, members or parties to accomplish the purposes of this Agreement. 7.2.5 To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law. 7 .0011164, 7.2.6 To borrow money or incur indebtedness, liabilities, or obligations; to issue bonds for the purposes for which it was created; to assign, pledge, or otherwise convey as security for the payment of any such bonds the revenues and receipts from or for the Commission, which assignment, pledge, or other conveyance may rank prior in right to any other obligation except taxes or payments in lieu thereof payable to the State of Utah or its political subdivisions. 7.3 Receive Federal and State Grants and Private Funds. The Commission is hereby authorized to act as an agency to receive federal and state grants; other grants; or loans on behalf of the member governments, or funds from private organizations for all planning and development programs and projects which are specifically intended to accomplish the purposes under the Interlocal Cooperation Act and the goals of the Commission. 7.4 The Commission has no Superseding Authority. The Commission has no authority to nor does it supplant any powers of individual members as set forth in the Utah Constitution, state law, county or municipal ordinance, or other powers specifically given to them; nor does the Commission have superseding authority over other government entities and jurisdictions. The Commission shall not have the authority to require alterations of duly adopted plans or decisions of any agency or jurisdiction. 7.5 Contracts. The Commission may contract generally and, as approved by its Governing Board, enter into contracts or agreements with private organizations, foundations, the federal government, states, counties, municipal corporations, and/or any other governmental agency for any purpose necessary or desirable for dealing with affairs of mutual concern, and/or contract for the provision of services with states, counties, and cities, and to accept all funds resulting therefrom. 7.6 Acquisition of Personal Property. The Commission may acquire personal property or an undivided, fractional, or other interest in personal property, necessary or convenient for the purposes of the staff of the Commission. 7.7 Acquisition of Real Property. The Commission may acquire or receive real property or an undivided fractional, or other interest in real property, as approved by the Governing Board, necessary or convenient for the purposes or programs of the Commission. 7.8 Exercise of Powers. 8 • All powers of the Commission shall be exercised pursuant to the terms of this Agreement, its bylaws, and any governing laws. ARTICLE 8 Responsibilities of the Commission 8.1 Maintain a Jordan River Blueprint. The Commission shall maintain a Master Jordan River Blueprint (the `Blueprint") that incorporates guiding principles, goals, and standards for the acquisition and protection of open space, the protection of the River, and the development or rehabilitative redevelopment of lands affecting the River. The Blueprint Jordan River and the Salt Lake Water Quality Stewardship Plan shall be guidelines for the Commission's activities. The Blueprint shall be reviewed on a regular basis by the Commission and amended or updated as required. The Commission shall consider related studies performed by public or private entities in its review of the Blueprint. In no case shall such reviews be performed less frequently than once each five years. 8.1.1 The Blueprint review and adoption process shall achieve the aforementioned purposes of the Commission by: 8.1.1.1 Identifying and securing funding for staff, operations, programs and projects. 8.1.1.2 Creating advisory committees as needed. 8.1.1.3 Gathering information, including hydrology studies, scientific studies and current land use, recreation, transportation, public facilities, water quality, and natural resource management plans. 8.1.1.4 Undertaking studies and assessments to fill in information gaps. 8.1.1.5 Identifying corrective actions needed to restore and/or maintain the ecological integrity of the river, including the chemical, physical, environmental, wildlife, and biological integrity of the Jordan River Blueprint study area. 8.1.1.6 Soliciting public input and participation throughout the process. 8.1.2 The Jordan River Blueprint shall include the following correlated elements: 8.1.2.1 A land use plan which considers Public Trust responsibilities for the management of the river as a basis for making decisions regarding the river and the lands adjacent to it. The Jordan River Blueprint process shall balance economic benefits, public access, use and enjoyment, and protection. It shall develop 9 recommendations for use by public agencies in developing plans for the river and adjacent lands including land use planning coordination. 8.1.2.2 A transportation plan which includes consideration for roads, trails,mass transit, access areas,buffer zones,restrictions and limitations. 8.1.2.3 A natural resources conservation and management plan which includes, but is not limited to, improving the quality of the river and its water in order to improve all aspects of conservation, recreation, wildlife, riparian interests, wetlands, and open space. 8.1.2.4 A recreation plan which includes consideration for trails, entry points, public access areas and other areas of public interest. 8.1.2.5 A public services and capital facilities plan. 8.1.2.6 A protection plan for the river and critical lands. 8.1.2.7 Prioritization of land and resource acquisition necessary for the protection of the river, development of it as a recreational resource, and protection of the river's ecosystem. 8.1.3 General Plans. The Jordan River Blueprint shall take into " * consideration the General Plans of public agencies having jurisdiction over the river or its adjacent lands. The Commission shall utilize its Technical Advisory Committee as needed to assist in the preparation of the Jordan River Blueprint. 8.1.4 The Commission shall coordinate the implementation of the Jordan River Blueprint as follows: 8.1.4.1 Have regular publicized meetings to receive input from the public, governmental agencies, private landowners and other organizations and manage the many aspects of implementing, reviewing, and monitoring the Jordan River Blueprint. 8.1.4.2 Establish policies and procedures that assure problem solving, communication, and coordination with governmental agencies that are not members of the Commission. 8.1.4.3 Ensure public participation is encouraged and solicited. 8.1.4.4 Review governmental agencies currently adopted plans for the Jordan River Blueprint Study Area and recommend additions or changes in conformance with the Jordan River Blueprint. This review will include offering assistance, technical reviews and coordination of all planning and activities that will impact the river and the landholders in the Jordan River Blueprint Study Area. 10 8.1.4.5 Review governmental agencies' ordinances, rules, standards, and regulations and recommend additions or changes in conformance with the Jordan River Blueprint. 8.2 Effect of Vote. Adoption by vote of the Board shall be the consensus of the Commission and Members and Ex Officio members should all work in unity to implement measures necessary to carry out that which has been adopted. 8.3 Review of Private Development Proposals. Upon approval by the Board of processes for the review of private development plans, programs and proposals, including residential, commercial, and recreational developments, ("private submissions"), the Commission will review all such private submissions for lands within one-half mile from the River. The Commission shall provide timely comments regarding Jordan River Blueprint consistency on the proposed development to the local jurisdiction and the proponent of the development. The Commission may work with the parties to resolve any issues of inconsistency by providing detailed research, suggestions, and advisory and technical support required to bring the private submission into consistency with the Jordan River Blueprint. The comments of the Commission are advisory only and final approval of the specifics of any plan shall be left to the sole discretion of the reviewing agency that has jurisdiction over said submission. 8.4 Review of Proposed Governmental Agency Actions. Upon approval by the Board of processes for the review of government agency plans, programs, proposals, regulations, ordinances, rules or modifications thereof ("agency submissions"), the Commission will review all such agency submissions that affect lands within one-half mile from the River for consistency with the Jordan River Blueprint. The Commission shall provide timely comments regarding Jordan River Blueprint consistency on the proposed proposal to the public agency. The Commission may work with the agency to resolve any issues of inconsistency by providing detailed research, suggestions, and advisory and technical support required to make the agency submission consistent with the Jordan River Blueprint. The comments of the Commission are advisory only and final approval of the specifics of any plan shall be left to the sole discretion of the reviewing agency that has jurisdiction over said submission. 8.5 Adoption of Uniform Ordinances and Standards. The Commission shall have the power to recommend by resolution, any ordinances, rules, regulations or policies not inconsistent with state law which are necessary, appropriate, or incidental to effectuate the Jordan River Blueprint. The resolutions shall recommend general standards, including but not limited to the following: water quality, subdivision development, zoning, solid waste disposal, sewage disposal, tree removal, development in the river flood plain, 11 Aterift outdoor recreation, flood plain protection, soil and sedimentation control, air pollution and '' watershed protection. Whenever possible without diminishing the effectiveness of the Jordan River Blueprint, the recommended ordinances, rules, regulations and policies shall be confined to matters which are general in nature. The comments of the Commission are advisory only and the specifics of any such matter adopted by a governmental jurisdiction shall be left to the sole discretion of the adopting agency. 8.6 Require the Permanent Conservation of Acquired or Restored Critical Habitat or Open Space. The Commission shall require that, as soon as is practical, any lands acquired or restored with the use of funds generated by the Commission for the purpose or purposes of critical habitat be permanently preserved through placing an appropriate deed restriction, conservation easement or other like encumbrance that perpetually protects the resources of and on the property. The deed restriction, conservation easement or other like encumbrance shall be held by a third party entity approved of by a vote of the Commission. 8.7 Identify Maintenance Needs. Continually identify maintenance projects and opportunities for improvements that should be pursued; develop funding, an annual work program, and a long-range strategy to carry out the projects. ARTICLE 9 Liabilities and Obligations of Members 9.1 Governmental Immunity. In entering into this Agreement, the Members do not waive, and are not waiving, any immunity provided to the Members or their officials, employees, or agents by the Governmental Immunity Act of Utah, Title 63G, Chapter 7, Utah Code (the"Immunity Act"), or by other law. 9.2 Waiver of Obligations. This Agreement shall not relieve any Member of any obligation or responsibility imposed upon it by law. However, to the extent of actual and timely performance thereof by the Jordan River Commission, such performance may be offered in satisfaction of such obligation or responsibility. 9.3 Obligations Special and Limited. The obligations entered into by each Member pursuant to this Agreement are special limited obligations of each such Member, and nothing herein shall be construed or give rise to a general obligation or liability of any Member or a charge against its general credit or taxing powers. Members may enter into agreements to pledge revenues to secure the bonds issued by the Jordan River Commission to finance projects undertaken by the Commission. Such pledges 12 shall constitute ongoing financial obligations of the pledging Members only to the extent expressly authorized by the governing body of each Member and as provided for in the agreement authorizing the issuance of the bonds and pledging the revenues of the pledging member. 9.4 Bonding. Any Bonds issued or incurred by the Jordan River Commission shall not constitute a debt of any individual Member, but shall be secured only in the manner set forth herein and pursuant to the terms of the separate agreement entered into by the individual pledging member authorizing the issuance of the Bonds. There shall be no additional liability or obligation of a Member except as provided in Section 9.3. 9.5 Indemnification. The Jordan River Commission shall defend, indemnify, save harmless, and exempt the Members, their officers, agents, and employees from and against all claims, suits, legal proceedings, demands, damages, costs, expenses, and attorneys' fees incident to any willful or negligent acts or omissions by the Commission, its officers, agents, or employees. The Governing Board shall, prior to the commencement of construction of any project undertaken by the Commission provide for risk and liability coverage and payment and performance bonds in such amounts as the Commission deems necessary to insure against risks arising from the undertaking the project. ARTICLE 10 Governing Board 10.1 Appointment. There is hereby created a Governing Board of the Jordan River Commission which shall consist of the following: 10.1.1 Appointed elected officials from each participating county, appointed in accordance with Section 5.3 and each county's respective rules or ordinances governing appointments to Boards; 10.1.2 An appointed elected official from each of the participating municipalities, appointed in accordance with each municipality's respective rules governing appointments to Boards; 10.1.3 An appointed representative of each department, division or agency of the State of Utah participating in the Commission as determined by the executive director of the department, division or agency; 10.1.4 One individual appointed by the Governor of the State of Utah; 13 10.1.5 A member of the Utah Legislature whose District includes all or a "` portion of the Jordan River, appointed jointly by the President of the Senate and the Speaker of the House; 10.1.6 An appointed representative of each Ex Officio member appointed by that organization's governing body; and 10.1.7 An appointed member from each Limited Purpose Local Government Entity appointed in accordance with that entity's adopted policies or procedures 10.2 Terms. The Governing Board members shall serve until replaced by the respective member or Ex Officio Member that appointed the Board member or until no longer qualified to serve by virtue of no longer serving as an elected official. Reappointments and replacements should be by appointment of the public agency who appointed the member being replaced or reappointed. 10.3 Compensation. Members of the Governing Board shall serve without compensation and have their expenses paid by their appointing agency. 10.4 Leadership. The Governing Board shall have a Chair and a Vice-Chair elected by and from their members, whose term shall expire every two years. The chair and vice-chair shall not serve successive terms. 10.5 Alternates. The Board representative may send an alternate to act in his or her place at a Board or Executive Committee meeting, except if the Board representative is the Chair, then that Board representative's responsibilities for conducting the meeting or signing documents shall fall to the Vice-Chair. 10.6 Regular Meetings. The Governing Board should hold regularly scheduled public meetings to accomplish the objectives of the Jordan River Commission and adopt, amend and repeal bylaws, rules, policies and procedures for the conduct of their affairs. The Board shall hold at least one regular meeting annually. Meetings may be conducted by telephonic or other electronic means of communication. All meetings shall be noticed and conducted in accordance with the Utah Open and Public Meetings Act. 10.7 Minutes. , 14 The Governing Board shall cause to be kept minutes of all meetings of the Board in accordance with the Utah Open and Public Meetings Act. As soon as possible after each meeting, a draft copy of the minutes shall be forwarded to each member of the Board. 10.8 Majority Vote. The presence of the Board members entitled to cast a majority of the votes of the entire Board shall constitute a quorum for the transaction of business. Unless otherwise requiring a 2/3 or greater vote or a majority vote of all Members, a majority vote of the total votes of the Board members present when a quorum exists, shall constitute action by the Board. 10.9 Notice of Meetings. Notice to Board members shall be sufficient if delivered in writing, by fax, or by e-mail to the designated representative of the respective Member, at the address, fax number, or e-mail address provided. Public notice of meetings shall be given in accordance with the Utah Open and Public Meetings Act. 10.10 Requests for Information. The Governing Board shall have an ongoing duty to see that all of its Members are informed regarding all activities of the Commission and, accordingly, shall cause a copy of all materials (unless they are not public records; in which case, notice of their existence shall be given) delivered in the manner it deems appropriate to Board members for meetings of the Board, including meeting agendas and minutes of past meetings, and to such other persons as the Member may request in writing, including each Member's legal counsel. The Executive Director shall promptly respond to all requests for information made by any Member. ARTICLE 11 Powers and Duties of the Governing Board The Governing Board shall have the following powers and duties: 11.1 Executive Committee. The Governing Board shall have the authority to appoint an Executive Committee of not more than seven (7) members of the Board. 11.1.1 The Executive Committee shall include a representative of the State of Utah, the Chair of the Board, the Vice-Chair of the Board and other members as determined by the Board through its bylaws. 11.1.2 The Board may delegate to the Executive Committee such powers and responsibilities as the Board deems appropriate. 11.1.3 The voting, powers, and responsibilities of the Executive Committee 15 shall be as established in the bylaws of the Commission. 11.1.4 The Governing Board may not delegate the following powers and duties: (i) the election of the Chair and Vice Chairs of the Board.; (ii) the election of the group representatives to the Executive Committee; (iii) the power to adopt, modify, and approve changes in the bylaws and the power to recommend proposed changes to the Agreement that must be approved by the Members' governing bodies; (iv) the power to terminate or dissolve the Jordan River Commission; and (v) the adoption of budgets, amendment of budgets or the allocation or reallocation of budgeted amounts between budget categories. 11.1.5 Other Committees. The Governing Board shall have the authority to appoint additional committees made up of members of the Governing Board and such other individuals as are approved by the Board. It shall also have authority to establish committees separate and apart from the Technical Committee established in Article 12, to advise and confer with the Governing Board and the Technical Advisory Committee. 11.1.5.1 Membership of the various committees shall be at the will and pleasure of the Governing Board, for time limited or project limited assignments, and are not permanently associated with the Commission. 11.1.5.2 The various committees shall engage in such projects and reviews as assigned by the Governing Board. 11.2 Executive Reports. The Governing Board shall receive and act upon reports of the Executive Committee and of the Executive Director. 11.3 Executive Director and Staff. The Governing Board may hire a limited staff including appointing an Executive Director on such terms and conditions as the Board determines appropriate, and may employ such persons as the Board deems necessary for the proper administration of the Commission. The Governing Board shall have the general supervisory and policy control over the day to day decisions and administrative activities of the Executive Director. 11.4 Bylaws. The Governing Board shall have the authority to adopt bylaws and thereafter amend the bylaws. The adoption and any amendments shall be by a seventy-five percent (75%) vote of the Board. Each Member shall receive a copy of the bylaws. 11.5 Rules. The Governing Board shall have the authority to establish rules governing its own conduct and procedures not inconsistent with the bylaws. 16 11.6 Records. The records of the Commission shall be governed by the "Government Records Access and Management Act," Section 63G-2-101, et seq., to the extent applicable, except that the governing body and/or legal counsel of each Member shall have full access to inspect all records and copy public records of the Commission. ARTICLE 12 Technical Advisory Committee 12.1 Creation. There is hereby created a Technical Advisory Committee to the Commission which shall consist of appointed representatives as follows: 12.1.1 One representative from each participating county, appointed in accordance with each county's respective rules governing appointments to Boards; 12.1.2 One appointed representative from each of the participating municipalities listed in Appendix 1, appointed in accordance with each municipality's respective rules governing appointments to Boards; 12.1.3 One appointed representative from each of the following Divisions of the Department of Natural Resources: Division of Wildlife Resources; Division of Forestry, Fire and State Lands; Division of Parks and Recreation; and the Division of Water Resources, as determined by the Department; 12.1.4 One appointed representative of the Jordan Valley Water Conservancy District, appointed by its board; 12.1.5 One appointed representative of the Utah Department of Environmental Quality, as determined by the Department; and 12.1.6 Three individuals representing the Ex Officio members appointed by majority vote of the Ex Officio members. 12.1.7 One member from each local district or public utility designated by the Governing Board for participation on the Technical Advisory Committee. The Governing Board shall choose one or more local districts or utilities operating in the jurisdictions of the Members to represent the interests of all such local districts or utilities. 12.1.8 Additional members as appointed by the Governing Board. 12.2 Terms. 17 Technical Advisory Committee members shall each be appointed for four year terms of office. One half of the initial members shall serve two year terms as determined by lot. Reappointments and replacements shall be by appointment of the public agency who appointed the member being replaced or reappointed or by vote of the Ex Officio members. 12.3 Compensation. Members of the Technical Advisory Committee shall serve without compensation by the Commission and shall have their expenses paid by their appointing agency. 12.4 Leadership. The Technical Advisory Committee shall have a Chair and a Vice-Chair elected by and from their members, whose term shall expire every two years. The chair and vice-chair shall not serve successive terms. 12.5 Advice. The Technical Advisory Committee shall advise the Governing Board with respect to the technical aspects of the Governing Board's work including water rights affecting the River, maintaining or amending the Jordan River Jordan River Blueprint, standards, goals, best management practices and recommendations for uniform rules, regulations, policies and ordinances. 12.6 Meetings. Unless otherwise provided by bylaws or resolution of the Board, the Technical Advisory Committee shall meet as often as it deems necessary to conduct its business. 12.7 Information Gathering. The Technical Advisory Committee, on its own initiative or when requested by the Board or Executive Director, shall gather information, investigate the appropriate issues, and make recommendations to the Board. 12.8 Subcommittees. The Technical Advisory Committee may create subcommittees from among its members and appoint others to work with said committees as it deems necessary to fulfill its purposes and specific assignments. 18 ARTICLE 13 Funding, Budget,Accounts and Financial Records 13.1 Funding; Investment and Disbursement of Funds. The Members, including Ex Officio members, shall contribute based on a formula developed and approved by the Board to cover annual operating expenses, including projects approved by the Board. Other sources of funding could include fees and contributions from other Federal agencies, State agencies, local governments, grants from private individuals or organizations, developers, and businesses. Failure of a member to provide its contribution shall constitute a breach of this Agreement. The Governing Board shall provide for the investment and disbursement of funds and their periodic review. 13.2 Annual Budget. The Governing Board shall annually adopt an operating budget pursuant to the provisions of this Agreement, Bylaws or policies adopted by the Governing Board and applicable law. The annual budget shall be approved by the Governing Board not less than sixty days prior to the end of the fiscal year. A funding formula for calculating Member contributions and dues established by the Board may be modified by a 2/3 vote of the Commission Members,but such changes shall not take effect until the beginning of a new budget year. The Members recognize and agree that all individual member contributions for annual dues or project costs are subject to the availability and appropriation of funds by that Member. 13.3 Funds and Accounts. The Executive Director shall establish and maintain such funds and accounts as may be required by governmental accounting practices and the State's fiscal procedures act. Financial records of the Commission shall be open to inspection at all reasonable times by Members' representatives and shall be public records if so required by Utah State law. 13.4 Certified Annual Audit. The Governing Board shall provide for a certified annual audit of the accounts and records of the Jordan River Commission, which audit shall conform to generally accepted auditing standards. Such annual audit shall be open for inspection by each Member representative at all reasonable times. 13.5 Executive Director's Responsibility for Funds. The Executive Director shall have custody of and shall disburse the Commission's funds. The Executive Director shall have the authority to delegate the signatory function to such persons as are authorized by the Governing Board. 19 13.6 Fidelity Bonds. Unless otherwise provided for by the Governing Board, a fidelity and/or treasurer's bond may be required of all officers, agents, and personnel authorized to disburse funds of the Commission. The cost of such bond shall be paid by the Commission. 13.7 Financial Records. The Executive Director shall keep and maintain, or cause to be kept and maintained, adequate and correct financial records, including accounts of its assets, liabilities, receipts, and disbursements, and shall have such other duties as are provided for in the bylaws. 13.8 Selling of Services. The Executive Director may authorize the sale of the Commission's services, output or products to other entities upon approval of the Board. ARTICLE 14 Dissolution of the Commission 14.1 Outstanding Indebtedness. So long as there are any outstanding Bonds or other indebtedness of the Commission, the Amok Commission shall remain a separate legal entity with all of the powers and duties set forth in this Agreement and all of the responsibilities, covenants, and obligations required in the Bond documents. 14.2 Dissolution of the Commission by Vote. If there are no outstanding Bonds or other indebtedness that cannot be covered by current funds, the Commission may be dissolved with a seventy-five percent (75%) vote of the Members at any time. 14.3 Powers of Governing Board Upon Dissolution. The Governing Board is vested with all powers necessary for the purpose of winding up and dissolving the business affairs of the Jordan River Commission consistent with and subject to the limits of this Agreement. 14.4 Division of Assets. Upon dissolution and after payment in full of all outstanding Bonds and other Commission obligations, the Governing Board shall equitably disburse the assets of the Commission to the then current Members. After deducting costs, any cash or other assets jointly shared shall be disbursed, or interests deeded,pro rata. 20 ARTICLE 15 Filing of this Interlocal Cooperation Agreement A copy of this Interlocal Cooperation Agreement shall be placed on file in the office of the Official Record Keeper of each public agency that is a Member hereto and shall remain on file for public inspection during the term of this Agreement. ARTICLE 16 Miscellaneous Provisions 16.1 Confidentiality. The Governing Board and Technical Advisory Committee shall take such steps as they deem necessary to protect and keep confidential appropriate information received or kept by it in accordance with the Government Records Access and Management Act. The Members shall protect and keep confidential information kept or received by the Commission during the term of this Agreement and after the termination of their membership in the Commission pursuant to the bylaws or other policies adopted by the Board and consistent with law. Nothing in this section shall be construed to allow the Board, the Technical Advisory Committee, the Officers or employees from withholding information from any Commission Member, so long as the Member agrees to maintain the confidentiality of such information. 16.2 Status of Members' Employees. When members of the Governing Board and the Technical Advisory Committee, and the employees and agents of the Commission are acting on behalf of the Commission within the scope of their authority, office or employment, they shall be considered to be acting on behalf of their respective public agency employer within the meaning of the Governmental Immunity Act and Section 63G-7-101, et seq., and thus, shall be entitled to indemnification and representation so long as they meet the requirements of said Act. 16.3 Prohibition Against Assignment. No Member may assign any right, claim, or interest it may have under this Agreement; and no creditor, assignee, or third party beneficiary of any Member shall have any right, claim, or title to any asset of the Commission. 16.4 Severability Clause. In the event that any article, provision, clause, or other part of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability with respect to other articles, clauses, applications, or occurrences, and this Agreement is expressly declared to be severable. 16.5 Complete Agreement. 21 The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 16.6 Amendment. This Agreement may be amended at any time by the written approval of seventy-five percent (75%) of all current Members signatory to it. 16.7 Governing Law. This Agreement shall be governed according to the laws of the State of Utah. 16.8 Binding Effect. This Agreement shall bind the parties, their successors and assigns. 16.9 Captions. The captions to the various Sections of this Agreement are for convenience and ease of reference only and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or any part or parts of this Agreement. 16.10 Time. °" Time is of the essence of each term,provision, and covenant of this Agreement. 16.11 Appendices and Exhibits. The Appendices attached hereto, and those Appendices and Exhibits subsequently attached hereto from time to time by a seventy-five percent (75%) vote of the Governing Board, shall be considered to be a part of this Agreement and binding upon all parties. The parties' signatures on any Appendices and Exhibits shall be evidence that the same are accepted. 16.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. 16.13 Breach of Agreement. The failure of a party to substantially comply with the material terms and conditions of this Agreement shall constitute a breach of this Agreement. A party shall have thirty (30) days after receipt of written notice to correct the conditions specified in the notice, or if the corrections cannot be made within the thirty (30) day period, within a reasonable time if corrective action is commenced within ten (10) days after receipt of the notice. After notice, if corrective action is not taken, the Board may take appropriate action including revocation of the 22 breaching party's membership. IN WITNESS WHEREOF, the parties have signed and executed this Interlocal Cooperation Agreement, after resolution duly and lawfully passed, on the dates listed on the signatory pages, below, to become effective on the Effective Date, first written above. City of By Mayor or other designee 23 City Population(U.S.Ce %of Total Populat$Respons Aprox Land %of Total A$Responsil Frontage Mil%of Total $Responsil Total$Responsibility Bluffdale 8016 0.78% $220 10496 0.02 $573 11.3 12.31% $3,488 $4,280 Draper 42317 4.10% $1,161 19392 0.04 $1,058 4.6 5.01% $1,420 $3,639 Lehi 46802 4.53% $1,284 12992 0.03 $709 9.3 10.13% $2,870 $4,863 Midvale 28129 2.72% $772 3712 0.01 $203 2.6 2.83% $802 $1,777 Murray 46201 4.47% $1,267 6144 0.01 $335 6.5 7.08% $2,006 $3,609 North Salt Lake 13446 1.30% $369 5248 0.01 $286 4.3 4.68% $1,327 $1,982 Riverton 39751 3.85% $1,090 8064 0.02 $440 3.6 3.92% $1,111 $2,641 Salt Lake City 181698 17.59% $4,984 69824 0.13 $3,810 15.8 17.21% $4,876 $13,670 Sandy 96660 9.36% $2,651 14272 0.03 $779 1.2 1.31% $370 $3,800 Saratoga Springs 16053 1.55% $440 6528 0.01 $356 4.4 4.79% $1,358 $2,155 South Jordan 51131 4.95% $1,402 13376. 0.03 $730 6.3 6.86% $1,944 $4,077 South Salt Lake 21607 2.09% $593 4416 0.01 $241 3.8 4.14% $1,173 $2,006 Taylorsville 58785 5.69% $1,612 6848 0.01 $374 3.2 3.49% $988 $2,974 West Jordan 104447 10.11% $2,865 19776 0.04 $1,079 3.9 4.25% $1,204 $5,148 West Valley City 123447 11.95% $3,386 22656 0.04 . $1,236 3.8 4.14% $1,173 $5,795 Sub-Total 1033018 100.00% $28,333 519232 1 $28,333 91.8 100.00% $28,333 $62,415 Davis County $5,000 Utah County $10,000 Salt Lake County $40,000 TOTAL T r $117,415 Item A . 8 Please see Item A . 3 from 12 . 4 . 2mo Agenda MEMOR AND DATE: December 30,2010 TO: City Council Members FROM: Russell Weeks RE: Surplus Property Conveyance Request CC: Cindy Gust-Jenson,David Everitt,Ed Rutan,Neil Lindberg,Frank Gray,DJ Baxter,Karen Hale, Mary De La Mare-Schaeffer,Wilf Sommerkorn,Nick Britton,Luann Clark,John Naser,Gordon Hoskins,Vicki Bennett,Lisa Harrison-Smith,Mary Beth Thompson,John Spencer,Matthew Williams,Arthur Raymond This memorandum pertains to a petition filed by Mayor Ralph Becker to declare a parcel of property at about 900 South between 700 West and 800 West streets as surplus to sell to the Utah Paper Box Company.The sale would be the final step in expanding Utah Paper Box's manufacturing presence at that location. The item is scheduled for a briefing and formal consideration as part of the City Council Consent Agenda. It should be noted that the declaration of surplus property and sale of the roughly 1.35 acres for the$272,000 appraised value would end a roughly seven-year effort to replace an industry that concerned residents of neighborhoods next to it.The effort to help Utah Paper Box expand its presence at the location not only has improved the area but brought new manufacturing jobs to Salt Lake City,and provides the Salt Lake City Redevelopment Agency with future land development options downtown. The Salt Lake City Planning Commission adopted a motion at its November 10,2010 meeting to forward a favorable recommendation to Mayor Becker's Administration to declare the parcel surplus property.The Commission also approved a motion granting preliminary subdivision approval for the expansion project. OPTIONS Salt Lake City Code 2.58.040.D allows the City Council to request that the Administration schedule a public hearing for the conveyance of a"significant parcel"of City owned real property.(In this case,the property is significant because Mayor Becker earlier requested a change in zoning for the property.)The section requires the City Council to request a hearing within 15 days after delivery of a notice to declare the property surplus.If the I5-day deadline is not met,the City Council"shall be deemed to have waived any right to request a hearing,"according to the section.The City Council office may receive the notice as early as Monday,January 3.The City Council could request to hold a public hearing at its January 18 meeting,or it could decline to hold the hearing and allow the Administration to proceed with conveying the property to Utah Paper Box Company. 1 It should be noted that the City Council held a public hearing on August 10, 2010, on the Mayor's petition to rezone the property from open space to light manufacturing. Two people spoke in favor of rezoning the property, and the City Council suspended the rules and adopted a motion to rezone the property at the first reading of the ordinance. The implications of rezoning the property were discussed at the City Council meeting. POTENTIAL MOTIONS The item appears on the City Council Consent Agenda.The Council could request the hearing by adopting the consent agenda. If the City Council does not wish to request the hearing a potential motion might be: I move the City Council adopt the Consent Agenda except for Item H-4, a request that the Administration hold a hearing at 5:30 p.m. on Tuesday,January 18, 2011,regarding the proposed sale of property located at approximately 700 West 900 South(1.35 acres)to accommodate the expansion of the Utah Paper Box Company operations. BACKGROUND/DISCUSSION As indicated,the declaration of the property as surplus and its subsequent sale at appraised value would end a seven-year effort to improve the area in which a Utah Paper Box manufacturing plant is located. Utah Paper Box already has expanded once in the area when it purchased the property on which the state's largest tire recycling plant at 985 South 800 West was located. Even though the tire recycling plant reduced tires to small pellets within its building, fine dust from the process often spread throughout neighborhoods south and west of the business and raised concerns among residents about potential health effects created by the dust. Here are some key points: o Declaring the property surplus and selling it would help Utah Paper Box build another structure on the north end of its property and reconfigure truck traffic serving the company away from residential areas. o It also may speed the Redevelopment Agency of Salt Lake City's marketing of property it owns and currently leases to Utah Paper Box at 340 West 200 South. o The parcel in the petition measures about 84 feet wide by 726 feet long. If the property is sold, a parcel roughly 65 feet wide by 726 feet long would continue to be zoned as open space.The remaining open space would be preserved for an urban trail that would include a bicycle pathway.2 o The parcel is part of a rail corridor that runs from 600 West to Redwood Road. The area in the corridor zoned as open space stretches from about 700 West to a bend in the Jordan River at about 1000 West north of Jordan Park. In October 2007,the City's then-Chief Administrative Officer Lyn Creswell presented in a letter to company Chief Executive Officer Paul Keyser an offer to sell the property to Utah Paper Box Company based on four conditions: o The sale of the property would be at appraised value. o The sale would occur only when Union Pacific Railroad deeded the property to Salt Lake City. 2 o The sale would occur only if the tire recycling company next to a Utah Paper Box building at 959 South 800 West Street were relocated,and if Utah Paper Box moved its entire company operation to the 900 South location. o The sale also would require Utah Paper Box to abandon an easement and convey to the City"any and all interest"it held in a private driveway the company used and that crossed the 900 South railroad right of way.3 The City could make the offer because earlier in 2007 Salt Lake City and Union Pacific Railroad reaffirmed a 2004 agreement that established a procedure in which the City would help straighten the Grant Tower curve in the Gateway area and install other railroad safety amenities.In return,Union Pacific would transfer rights of way to its 900 South and Folsom Avenue(Street)railroad lines to the City.4 In 2001,Union Pacific had resumed running freight trains along the 900 South rail corridor after several years of not using the corridor.The presence of freight trains operating in the corridor and the presence of Utah's largest tire recycling plant next to residential neighborhoods presented serious concerns to residents there. Working with the City,Utah Paper Box bought the tire recycling plant property,allowing that company's owners to relocate the plant.Utah Paper Box then expanded its existing building onto the recycling plant property. In October 2008,the Redevelopment Agency of Salt Lake City Board of Directors adopted Resolution No. 649.01 that authorized the agency to acquire Utah Paper Box property at 340 West 200 South.Under an agreement with the company,the agency leased the property back to Utah Paper Box until it built another structure at its site at 959 South 800 West.5 The City received the deed to the Union Pacific rail corridor at 900 South on October 26,2010. However,in anticipation of receiving the deed,Mayor Ralph Becker filed a petition before the City Council to change the zoning in the parcel described in the petition from open space to light manufacturing.The zoning change,the deed, and the declaration of surplus property will allow Utah Paper Box Co.to purchase the parcel to expand its present structure to the north.The expansion would house company manufacturing operations currently located at 340 West 200 South,fulfilling the terms of the agreement presented by Mr. Creswell. In addition,Utah Paper Box plans to use an entrance to its property on 700 West Street for trucks serving the company instead of on 800 West Street which borders residential areas.6 City Council Minutes,August 10,2010,Item C-3. 2 Planning Commission Staff Report,May 26,2010,Page 3. 3 Letter from Lyn Creswell,October 31,2007. 4 City Council Resolution No.9 of 2007,February 13,2007. 5 RDA staff memo,October 3,2008. 6 Salt Lake City Planning Commission Minutes,May 26,2010,Page 2,Paragraph 1. 3 CITY COUNCIL MINUTES AUGUST 10.2010 PUBLIC HEARINGS C-3.7:59:47 PM RE: Accept public comment and consider adopting an ordinance amending the zoning map to rezone a portion of property located at 900 South between 700 and 800 West from OS(Open Space)to M-1 (Light Manufacturing) pursuant to Petition No.PLNPCM2010-00071. (Utah Paper Box) The following citizens spoke in favor of the ordinance: Fred Fife and Jay Ingleby. Councilmember Turner said his district had two major issues,the train on 900 South and the tire recycler which Utah Paper Box replaced. Councilmember Simonsen requested increasing landscaping requirements along 900 South from what was currentl required realizing that the potential for a future trail corridor was there. Councilmember Turner moved and Councilmember Garrott seconded to close the public hearing,which motion carried,all members voted aye. Councilmember Turner moved and Councilmember Garrott seconded to suspend the rules and adopt Ordinance 63 of 2010 and amend the zoning map to rezone a portion of property located at 900 South between 700 and 800 West from OS (Open Space)to M-1 (Light Manufacturing)pursuant to Petition No. PLNPCM2010-00071,which motion carried,all • members voted aye. (P 10-12) 4 SAKI RECEIVED FRANK B. GRAY _t�� . � DE�AO'9 MER DIRECTOR DEPARTMENT OF COMMUNITY& N� I ELOPMENT �r MAYOR .RY DE LA MARE-SCHAEFER OFFICE OF THE DIRECTOR DEPUTY DIRECTOR SLC COUNCIL OFFICE Salt Lake City Mayor ROBERT FARRINGTON, JR. o DEPUTY DIRECTOR CITY COUNCIL TRANSMITTAL SCANNED TO:°v -" SCANNED BY: `c DATE: rn A Date Received: 12 0 • Date sent to Council: 12 I o I f TO: Salt Lake City Council DATE: December 3, 2010 JT Martin, Chair FROM: Frank Gray, CED Directo Wilf Sommerkorn, Planning • SUBJECT: Petition PLNPCM2010-00089: Surplus Property request by Mayor Ralph Becker at approximately 700 West 900 South STAFF CONTACT: Nick Britton, Principal Planner 801-535-6107 DOCUMENT TYPE: Briefing—Information only RECOMMENDATION: No action necessary BACKGROUND/DISCUSSION: In a memo dated February 16, 2010,the Mayor requested the initiation of a petition proposing a piece of property at approximately 700 West 900 South be declared surplus. The property in question is a 1.385 acre parcel that was previously part of the Union Pacific right-of-way on the south side of 900 South. The surplus property would run from the south rail line of the railroad tracks (now removed)to the northern line of the Utah Paperbox Company property between 700 West to 800 West. The property is currently zoned Light Manufacturing (M-1). The request was made to facilitate a consolidation of Utah Paperbox Company's operations in an effort to retain the company in the City's corporate limits. As part of this effort, the property in question was rezoned from Open Space to M-1 and a subdivision request was initiated to consolidate the company's property at the location. The rezoning request was approved by the City Council on August 10,2010 and the subdivision was conditionally approved by the Planning Commission at its meeting on November 10, 2010. At the same meeting, the Planning Commission declared the subject property surplus and recommended the Administration dispose of it in a manner consistent with Section 2.58 of the City Code. 451 SOUTH STATE STREET, ROOM 404 P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-54E16 TELEPHONE: 801-535-6230 FAX: B01.535-6005 WWW.SSLCGOV.COM/CED 110 The City will retain approximately 0.7 acres of the former Union Pacific right-of-way, which includes the entire frontage along 900 South between 700 West and 800 West. This property is part of the proposed 900 South Trail Corridor currently in the planning stages. The West Salt Lake Community Master Plan, adopted in March of 1995, recommends a future land use of"industrial" for the subject property, which is consistent with the proposed use. Process Pursuant to Utah State Code 10-9-305, all requests to purchase City-owned property must first be reviewed by the Planning Commission. If the Planning Commission finds that a parcel of City- owned land no longer serves a public use,the land can be declared surplus. The Administration may then proceed to dispose of the property through the regulations set forth in Chapter 2.58 City-Owned Real Property of the Salt Lake City Code. The Planning Commission held a Public Hearing on November 12, 2010 and passed a motion to declare the subject properties surplus, finding that declaring the subject properties surplus and selling them for fair market value is consistent with Salt Lake City's disposition of surplus property ordinance. The Planning Commission made a finding that the intended use of the subject properties is consistent with the adopted guidelines of the West Salt Lake Community Master Plan. Recommendation ti Chapter 2.58 City-Owned Real Property of the Salt Lake City Code states that "Department heads shall periodically identify potential surplus property within the possession of their departments and report such property to the Chief Procurement Officer." Therefore,pursuant to Chapter 2.58 City-Owned Real Property and Utah State Code 10-9-305, I recommend that the Administration proceed to dispose of the properties as noted in Petition PLNPCM2010-00089 for the property at approximately 700 West and 900 South. Project Chronology Petition PLNPCM2010-00089 February 16, 2010 Petition initiated August 10, 2010 Property rezoned from Open Space to Light Manufacturing (this item was Petition PLNPCM2010- 00071) September 28, 2010 PLNPCM2010-00089 assigned to Nick Britton and routed for departmental review and comment October 29, 2010 Notice mailed for Planning Commission public hearing and agenda posted to Planning Division listsery and city and state websites October 29, 2010 Property posted with notices of public hearing November 10, 2010 Planning Commission public hearing held SECRETARY OF HOUSING AND URBAN VIOLETTE, PETER R AKA CLARANCE W& DEVELOPMENT ALANA C;JT 400 COUNTRYWIDE WAY SV-3 1576 ELVADO DR WAY #6 SIMI VALLEY, CA 93065 SIMI VALLEY,CA 93065 FEDERAL NATIONAL MORTGAGE OREGON SHORTLINE RAILROAD DENVER& R G WESTERN RR CO ASSOCIATION 1700 FARNAM ST #10S-FL 1700 FARNUM ST 10TH FLR S 3900 WISCONSIN AVE OMAHA, NE 68102-2002 OMAHA, NE 68102-2010 WASHINGTON, DC 20016 RASMUSSEN, KARYN & ROCKWOOD, PATTERSON, DOLORES A. BUSKER,ANGELA P & BLAIR A;JT CONNIE;TC BOX 559 2991 S WHITES WY 60 N 100 W KAMAS, UT 84036 MAGNA, UT 84044-1537 FARMINGTON, UT 84025 MCLAUGHLAN, GERALD J& DOLORES R; WATSON, RONALD B;TR ET AL UTAH PAPERBOX COMPANY TRS 727 S 1000 W 340 W 200 S 12458 S TITHING POINT DR SALT LAKE CITY, UT 84104-1435 SALT LAKE CITY, UT 84101-1210 RIVERTON, UT 84065-7052 RIDD, LEON & LUCILLE G;TRS DILKS, ROBERT F& FENNELL, GEORGE A DK LTD 3923 S 3030 E (TC) 939 S 700 W SAI T LAKE CITY, UT 84124-2014 930 S 700 W SALT LAKE CITY, UT 84104-1502 SALT LAKE CITY, UT 84104-1501 FW ENTERPRISE, LLC PETERS,RANDALL G JRG ENTERPRISES 977 S 700 W 1020 S 700 W 1030 S 700 W SALT LAKE CITY, UT 84104-1502 SALT LAKE CITY, UT 84104-1503 SALT LAKE CITY, UT 84104-1503 JACKSON PROPERTY MANAGEMENT, LLC HOPPER, MICHAEL J &HERMELINDA G;JT BLANDON, PATRICIO J 1064 S 700 W 865 S 800 W 866 S 800 W SALT LAKE CITY, UT 84104-1503 SALT LAKE CITY, UT 84104-1447 SALT LAKE CITY, UT 84104-1448 NIGHTINGALE, PHILLIP&JESSICA R;JT GASCA,JUAN A M &VALDEZ,ANDRES J;JT SILVA,GUADALUPE M &AGUILAR, 869 S 800 W 872 S 800 W EDWARD J;JT SALT LAKE CITY, UT 84104-1447 SALT LAKE CITY, UT 84104-1448 1006 S 800 W SALT LAKE CITY, UT 84104-1508 CITIMORTGAGE, INC. VELAZQUEZ,SILVESTRE & LUIS DAVIS,JERROLD D 1010 S 800 W 1015 S 800 W 1023 S 800 W SALT LAKE CITY, UT 84104-1508 SALT LAKE CITY, UT 84104-1509 SALT LAKE CITY, UT 84104-1509 PEn�L, INMER A LOWELL CONSTRUCTION CO HERNANDEZ, MARCOS &SHERRI A;JT 1029 S 800 W 1035 S 800 W 1053 S 800 W SALT LAKE CITY, UT 84104-1509 SALT LAKE CITY, UT 84104-1509 SALT LAKE CITY, UT 84104-1509 FLAKE,WILLIAM K&JANET;JT ROSE PRINTING CO. 1069 S 800 W 680 W 900 S SALT LAKE CITY, UT 84104-1509 SALT LAKE CITY, UT 84104-1028 ANDRUS, MAX H ANDRUS,STEVE CHACON,JESUS&CHAVEZ, RAQUEL;JT 730 W 900 S 730 W 900 S 750 W 900 S SALT LAKE CITY, UT 84104-1449 SALT LAKE CITY, UT 84104-1449 SALT LAKE CITY, UT 84104-1449 VEGA, ROSA M SOLT, GORDON R& BARBARA L(TC) AMES,ADRIENNE M 756 W 900 S 816 W 900 S 822 W 900 S SALT LAKE CITY, UT 84104-1449 SALT LAKE CITY, UT 84104-1451 SALT LAKE CITY, UT 84104-1451 FIFE, FREDERICK J III &ILA ROSE;JT SATTERFIELD, F R& D CAROL;TRS MIDKIRK, RICKY J 828 W 900 S 2251 E ALVA CIR 803 W DALTON AVE SALT LAKE CITY, UT 84104-1451 SALT LAKE CITY, UT 84109-2920 SALT LAKE CITY, UT 84104-1521 GONZALES,JOHN I JR &STELLA R;TRS CUNNINGHAM,COLIN H FIDLER, LARRY R 809 W DALTON AVE 824 W DALTON AVE 809 W FAYETTE AVE SALT LAKE CITY, UT 84104-1521 SALT LAKE CITY, UT 84104-1519 SALT LAKE CITY, UT 84104-1524 001140,, HERNANDEZ, ERNESTO TRUSTY, NANCY C SALAZAR,VICTOR M & RUTH;JT 814 W FAYETTE AVE 815 W FAYETTE AVE 820 W FAYETTE AVE SALT LAKE CITY, UT 84104-1523 SALT LAKE CITY, UT 84104-1524 SALT LAKE CITY, UT 84104-1523 KEHL, EDWARD F&GLENDA A;JT BITTLE, MICHAEL E NIELSEN, RAY M SR&TED R;JT 825 W FAYETTE AVE 832 W FAYETTE AVE 838 W FAYETTE AVE SALT LAKE CITY, UT 84104-1524 SALT LAKE CITY, UT 84104-1523 SALT LAKE CITY, UT 84104-1523 CHAVEZ,THERESA M DIQUATTRO, PAOLO NIELSEN, RICK L&BRENDA G;JT 845 W FAYETTE AVE 849 W FAYETTE AVE 981 W FREMONT AVE SALT LAKE CITY, UT 84104-1524 SALT LAKE CITY, UT 84104-1524 SALT LAKE CITY, UT 84104-2006 SUM MUM OF SALT LAKE CITY NAVA,TEODORO&ALATORRE,SOCORRO; 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SARA REBECCA PORTER LEVEL NINE SPORTS.COM 980 S 700 W #11 837 W FAYETTE AVE #1 980 S 700 W #12 Salt Lake City, UT 84104 Salt Lake City, UT 84104 Salt Lake City, UT 84104 Residents Residents Residents 809 W GENESEE AVE 854 S 800 W 810 W 900 S Salt Lake City, UT 84104-1462 Salt Lake City, UT 84104-1448 Salt Lake City, UT 84104-1451 Residents Residents Residents 810 W MONTAGUE AVE 814 W MONTAGUE AVE 802 W MONTAGUE AVE Salt Lake City, UT 84104-1534 Salt Lake City, UT 84104-1534 Salt Lake City, UT 84104-1534 Residents Residents Residents 850 W FAYETTE AVE 852 W FAYETTE AVE 842 W FAYETTE AVE Salt Lake City, UT 84104-1523 Salt Lake City, UT 84104-1523 Salt Lake City, UT 84104-1523 Residents Residents Residents 844 W FAYETTE AVE 826 W FAYETTE AVE 808 W FAYETTE AVE Salt Lake City, UT 84104-1523 Salt Lake City, UT 84104-1523 Salt Lake City, UT 84104-1523 Residents Residents 757 W GENESEE AVE 746 W 900 S Salt Lake City, UT 84104-1460 Salt Lake City, UT 84104-1449 Residents Residents Residents 748 W 900 S 766 W 900 S 717 W GENESEE AVE Salt Lake City, UT 84104-1449 Salt Lake City, UT 84104-1449 Salt Lake City, UT 84104-1460 Residents Residents Residents 851 W FAYETTE AVE 837 W FAYETTE AVE #REAR 1020 S 800 W Salt Lake City, UT 84104-1524 Salt Lake City, UT 84104-1524 Salt Lake City, UT 84104-1508 Residents Residents Residents 814 W DALTON AVE 808 W DALTON AVE 1001 S 800 W Salt Lake City, UT 84104-1519 Salt Lake City, UT 84104-1519 Salt Lake City, UT 84104-1509 Residents Residents Residents 1007S800W 980S700W #F 990S700W #C Salt Lake City, UT 84104-1509 Salt Lake City, UT 84104-1326 Salt Lake City, UT 84104-1501 Residents Residents Residents 1045 S 800 W 1042 S 700 W 855 S 800 W Salt Lake City, UT 84104- Salt Lake City, UT 84104- Salt Lake City, UT 84104-1447 Residents Residents Residents 857S800W 9625700W 995S800W Salt Lake City, UT 84104-1447 Salt Lake City, UT 84104-1501 Salt Lake City, UT 84104-1506 SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City&County Building at 4.51 South State Street Wednesday,November 10, 2010 at 6:15 p.m. • The field trip is scheduled to leave at 4:00 p.m. • Dinner will be served to the Planning Commissioners and Staff at 5:00p.m. in Room 126. • Work Session: 5:30 in Room 326. The Planning Commission will hold a work session from approximately 5:30- 6:15. During the Work Session the Planning Staff will brief the Planning Commission on pending projects, discuss project updates and minor administrative matters. This portion of the meeting is open to the public for observation. PLNPCM2010-00612 Accessory Dwelling Unit - A request by Mayor Ralph Becker for a zoning text amendment to allow accessory dwelling units within single-family and multi-family residential districts. This request is part of the Sustainable City Code Initiative Project. (Staff contact: Michael Maloy at 801-535-7118 or michael,ma!oy@slcgov.com ) • Approval of Minutes • Report of the Chair and Vice Chair • Report of the Director • Other Business Petition 410-08-44 Saxton Grove Planned Unit Development located at approximately 321 and 365 South 870 West. A Request for time extension for a planned development. (Staff contact: Doug Dansie at 801-535-6182 or douq.dansie'aslcgov.com) • Public Hearing 1. PLNPCM2010-00549 Zoning Mao Amendment for Residential Mixed Use (RMU)=A petition initiated by Sattar Tabriz to rezone property located at approximately 1370 and 1380 South West Temple Street from Residential Business (RB) to Residential Mixed Use (RMU). The property is located vtiithin City Council District 5, represented by Jill Remington Love. (Staff contact: Elizabeth Reining at 801-535-6313 or elizabeth.reininq©slccov.corn) 2. PLNPCM2010-00322: Water efficient landscaoino/Tree Protection - A request by Salt Lake City for a zoning text amendment to regulate water efficient landscaping and tree protection. (Staff contact: Doug Dansie at 801- 535-6182or douq.dansie5slcaov.corn) 3. PLNSUB2010-00088 and PLNPCM2010-00089: Utah Paperbox Subdivision -A request by Salt Lake City for a declaration of surplus property and preliminary subdivision approval at approximately 800 West 900 South. The property is located in the M-1 (Light Manufacturing) zoning district in Council District 2, represented by Van Turner. (Staff Contact: Nick Britton at 801-535-6107 or nick.britton@sicgov.com) 4. PLNPCM2010-00610: Conditional Use for Auto Sales- A request by Mark Miller Toyota to expand their current facility located at approximately 730 South West Temple. The property is zoned D-2 Downtown Support District in City Council District 4, represented by Luke Garrott. (Staff contact: John Anderson at S01-535-7214 or john.anderson@slcgov.corn). 5. Firm Marketplace Planned Develoomen•°z a request by the Woodbury Corporation to develop a retail shopping center located at approximately 247 West 1400 South. The property is located in Council District 5 represented by Jill Remington Love (Staff contact: John Anderson at S01-535-7214 or john.anderson©slcgov.com). a. PLNSUB2010-005S4—a request for minor subdivision approval for a 2 lot subdivision. b. PLNPCM2010-00572—a request for Planned Development approval for a retail shopping center. The applicant is requesting the Pianning Commission modify the location of required landscaping. r::: L06Z- ;3 ti 0'C8 l�'180:(7.. `,fr'i Y { 08175-7l.I.:791n 'A110 A)1V1 1VVS 9017 1Al2:1 IAA H1nOS l-9( 09b9171- XO8 Od ` NOISIAICI JNINNV1d `(\1,011_VHOdk1OO All 1>1VV 11VS =TI1,10 CLIME! INES 1. Fill out registration card and indicate if you wish to speak and which agenda item you will address. 2. After the staff and petitioner presentations, hearings will be opened for public comment. Community Councils will present their comments at the beginning of the hearing. 3. In order to be considerate of everyone attending the meeting, public comments are limited to two(2)minutes per person, per item,A spokesperson who has already been asked by a group to summarize their concerns will be allowed five (5) minutes to speak. Written comments are welcome and will be provided to staff and the Hearing Officer in advance of the meeting if they are submitted prior to noon the day before the meeting.Written comments should be seat to: Salt LaAe-C;ty Pianniny Commission 451 South State Street,Room 406 Salt Lake City UT 84111 4. Speakers will be called by the Chair. 5. Please state your name and your affiliation to the petition or whom you represent at the beginning of your comments. 6. Speakers should focus their comments on the agenda item. Extraneous and repetitive comments should be avoided. 7. Salt Lake City Corporation complies will all ADA guidelines. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this meeting.Accommodations may include alternate formats, interpreters,and other auxiliary aids. This is an accessible facility. For questions,requests,or additional information, please contact the Planning Office at 535-7757;TDD 535-6220. SALT LAKE CITY PLANNING COMMISSION MEETING In Room 326 of the City&County Building 451 South State Street, Salt Lake City, Utah Wednesday, November 10, 2010 Present for the Planning Commission meeting were Chair Michael Fife, Vice Chair Angela Dean Commissioners Emily Drown, Babs De Lay, Michael Gallegos, Kathleen Hill, Charlie Luke, Susie McHugh, Mathew Wirthlin and Mary Woodhead were all in attendance. A field trip was held prior to the meeting Planning Commissioners present were: Michael Fife, Michael Gallegos, and Charlie Luke. Staff members in attendance were Nick Norris, John Anderson, Nick Britton and Elizabeth Reining. A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:45 p.m. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Planning staff members present at the meeting were: Wilf Sommerkorn, Planning Director; Nick Norris, Planning Manager; John Anderson, Principal Planner; Nick Britton, Principal Planner; Doug Dansie, Senior Planner; Michael Maloy, Principal Planner; Elizabeth Reining, Principal Planner; Paul Nielson, Land Use Attorney, Stephanie Duer, Public Utilities; and Deborah Martin, Senior Secretary. 5:32:41 PM Work Session PLNPCM2olo-00612 Accessory Dwelling Unit —A request by Mayor Ralph Becker for a zoning text amendment to allow accessory dwelling units within single-family and multi-family residential districts. This request is part of the Sustainable City Code Initiative Project. Principal Planner Mike Malloy gave a presentation regarding Accessory Dwelling units. He addressed the common concerns regarding accessory dwellings and their uses. 6:11:13 PM Public Hearing 6:11:33 PM Approval of Minutes from Wednesday, October 27, 2010. Commissioner De Lay made a motion to approve the October 27, 2010 minutes as amended. Commissioner McHugh seconded the motion. Commissioners voted, "Aye". The motion passed. Commissioners Wirthlin, Gallegos, Woodhead, Luke and De Lay abstained from voting. Planning Commission Minutes 11-17-10 Page 1 6:14:04 PM Report of the Chair and Vice Chair Commissioner Fife stated that the Planning Commission was still in need of an additional Commissioner and noted that the Commissioners on the panel represent every district save District 5, which was Jill Remington-Love's district. He asked that if anyone was interested in serving on the Planning Commission, and reside in District 5, please look at www.slcgov.com website and select the "get involved" section to apply. . 6:16:07 PM Report of the Director Planning Director Wilf Sommerkorn noted that several meetings ago, the Planning Commission considered an amendment to the Zoning Ordinance that would allow the Historic Landmarks Commission to initiate petitions for designations of historic districts. The ordinance as it existed stated that they could only consider and application and make a recommendation on that and forward it. The Planning Commission did approve the amendment. Mr. Sommerkorn stated that since that meeting, it was found that there was another section in the ordinance that deals with amending the Zoning Ordinance; in that section it discusses where petitions will come for amendments i.e., the Mayor, the City Council, and the Planning Commission. Mi: , Sommerkorn said that the Historic Landmark Commission needed to be added to the list. He stated that the adjustment will be made and the he wanted to make sure the Planning Commission was made aware that the adjustment would be made when the City Council considered it. Mr. Sommerkorn added that some actions that were taken by the City Council at the meeting the previous night were 1. The Code Amendment for the M-1 zoning district west of the airport and north of I-So was approved by the City Council. 2. The Zoning Amendment and Master Plan Amendment for the 8th Avenue Market where Hatch Chocolates would go, was approved. 3. The Zoning Map Amendment for the IHC Clinic at 9th East and 4th South was approved by the Council. There was also a public hearing for the Amendment for the Central Community Master plan for the block East of Library Square where the Public Safety Building would go. There was a public hearing but there was no action taken. Mr. Sommerkorn stated that the Historic Landmark Commission took action to recommend to the Planning Commission that the application be forwarded and a petition be created to designate the Yalecrest Neighborhood as a Historic District with the overlay and the boundaries that they recommended was the entire boundary of the National Historic District. Mr. Sommerkorn added that there will be a work session for a briefing and discussion tentatively in January of 2011. 6:21:10 PM Other Business Petition 410-o8-44 Saxton Grove Planned Unit Development located at approximately 321 and 365 South 870 West. A Request for time extension for a planned development. Salt Lake Planning Commission Minutes, November 10, 2010 Page 2 Chairperson Fife recognized Doug Dansie as staff representative. Mr. Dansie stated that this was a request for a time extension for a project that was previously approved, it had been extended once, but due to the economy the applicant has asked for an additional year extension. 6:2jo_> Motion Commissioner De Lay made the motion to extend the request for Petition 410-08-44 for the period of one year. Commission Wirthlin seconded the motion. Vote: Commissioners Drown, Dean, De Lay, Gallegos, Hill, Luke,McHugh,Wirthlin and Woodhead all voted"aye". The motion passed unanimously. 6:22:23 PLNPCM2o10-00549 Zoning Map Amendment for Residential Mixed Use (RMU) -A petition initiated by Sattar Tabriz to rezone property located at approximately 1370 and 1380 South West Temple Street from Residential Business (RB) to Residential Mixed Use (RMU). The property is located within City Council District 5, represented by Jill Remington Love Chairperson Fife recognized Elizabeth Reining as staff representative. Ms. Reining stated that Mr. Sattar Tabriz has requested that 137o and 138o South West Temple Street be rezoned from residential business to residential mixed use. The request was because it better aligns with the future land use plan for the area. It also allows more development choices for the property. Although there are no concrete plans for the area as of yet, there are concepts 6:23:36 Commissioner Dean recused herself from the item. Ms. Reining stated that the property was located across the street from Spring Mobile Ball Park south of 13th South. It is located directly south of Meditrina's Restaurant and is south east of the trax station. Ms. Reining gave her recommendation of approval to the Planning Commission. 6:24:12 Statement from the applicant Mr. Sattar Tabriz stated that he was the owner of the property. He stated that there is interest in use of his property but they would require a change in zoning. He stated that the rezone would increase the options of use and fits in with the future land use plans. Questions from the Commissioners: Salt Lake Planning Commission Minutes, November 10, 2010 Page 3 None. """"' 6:26:39 Motion: Commissioner Luke made the motion in regard to PLNPCM2olo-o 0549 Zoning Map Amendment for Residential Mixed Use (RMU), based on the findings of the staff report and the testimony from staff, he recommends the Planning Commission forward a favorable recommendation to the City Council. Commissioner Gallegos seconded the motion. Vote: Commissioners Drown, De Lay, Gallegos, Hill, Luke,McHugh,Wirthlin and Woodhead all voted"aye". Commissioner Dean abstained from the voting. The motion passed. 6i'r_: PLNPCM2olo-00322: Water efficient landscaping/Tree Protection -A request by Salt Lake City for a zoning text amendment to regulate water efficient landscaping and tree protection. Chairperson Fife recognized Doug Dansie as staff representative. Mr. Dansie stated that he didn't have a lot to add based on the prior meeting's briefing. He noted that the staff report was a modification of the original with a correction. Mr. Dansie added that in addition to the many notices that were sent in regard to this request; he did send an additional email to many landscape architecture professionals. From that, he received a comment from one person, and the email was included in the staff report. Questions from the Commissioners: Commissioner Woodhead asked if when the notices were sent, were they sent to garden club members? In her opinion, it seemed that they would have interest in the request. Stephanie Duer, from Public Utilities responded that the request only applies to commercial developments and residential developments over a certain size. Commissioner Woodhead stated that she understood it to apply to single family homes with over a quarter acre. Ms. Duer replied that very few properties within Salt Lake City that are over a quarter acre. Commissioner Woodhead added that people who would choose bigger lots would not want a landscape architect telling them what type of plants to plant. Salt Lake Planning Commission Minutes, November 10, 2010 Page 4 Ms. Duer noted that the request applies to areas that are larger than a quarter acre of landscape-able area, not a quarter acre lot. She added that a landowner would not be required to work with a landscape architect; they would need to have their water budget and plan approved by either a certified irrigation professional, or a landscape architect. Commissioner Woodhead stated that it seemed like too many restrictions. She stated that she was not in favor of the idea that plants would need prior approval. Commissioner De Lay stated that she was in support of the request. Commissioner Woodhead added that she could see why one would support this,but it seemed that there would be other ways to"incentivize"water conservation without turning gardening into something that requires this level of approval. Mr. Dansie stated that he understood her concern and that was why the majority of single family homes were excluded. He added that the list is pretty elaborate, and does not exclude much. Commissioner Woodhead stated that she was concerned that selection would be limited. Ms. Duer said that she was a landscape professional for over twenty years, and that she was a member of a garden club, and that she gardens, as well. The plant list was developed over a number of years with input from several groups like garden associations, the Red Butte Gardens, experts like Doug Dansie, and the list has grown from the first one in 1995 and includes over 56 pages and is as open as possible, and it also includes approved plant lists, such as Utah Native Plants Society, Plant Select, The Utah Water Wise Plant List and the Colorado list. She stated that the lists are expansive and have a beautiful plant pallet. Mr. Dansie added that in response to Commissioner Woodhead's concern, he said that the plant list is a product of what grows in Utah which develops the market for what actually grows here. Ms. Duer stated that native plants only encompass 25 percent of what was included, and the list had a large focus on "adaptive"plants, so there were plants from the Mediterranean and areas of South Africa, Eastern Europe. Commissioner Woodhead expressed her concern that some plants that are traditionally grown in Utah, but might not be water wise plants would be excluded from the list. Ms. Duer responded that 2o% percent of the landscape is allowed to have those types of plants, and that they were not excluded or prohibited,but just limited. Mr. Dansie pointed out that many lots that met the size restriction would be foothill lots and would have natural landscaping. Commissioner Dean asked about backflow requirement and whether or not it would need an inspection. Ms. Duer stated that backflow requirements are necessary. Salt Lake Planning Commission Minutes, November 10, 2010 Page 5 Commissioner Dean asked if there would be a qualified person to survey the plants prior to the issuance '"4'1*, of a Certificate of Occupancy or Temporary Occupancy can be issued. She also asked in regard to residential properties, a lot of homeowners hold off on it,how the City would address that. Mr. Dansie answered that this requirement did not apply to most homeowners,but to commercial properties or apartment buildings. He stated that the key to the enforcement would be approval up front. He added that the request is mostly regarding irrigation, and not really plants. Ms. Duer added that audits regarding irrigation budgets would be part of enforcement. Public Hearing Judy Short stated that she felt the ordinance was great; however, it did not go far enough. She was concerned about the transference of landscaping when a property is sold. She stated her concern regarding city trees. f�: 16 Close of Public Hearing Commissioner Hill asked for clarity regarding watering large gardens and trees. She asked how it would impact community gardens Ms. Duer stated that most properties and community gardens would be exempt. She stated that it would mostly apply to new building. Commissioner De Lay asked if the ordinance could be made stronger regarding trees. Mr. Dansie stated that a comment that had been made was that this ordinance was limited in scope, and if the Planning Commission felt that it didn't go far enough, staff was open to dealing other things. Ms. Duer stated that there was a document referenced called the Salt Lake City Irrigation and Landscape Design which was still in construction. That document was intended to do, and the code \vill enforce, was that trees will be required to be on their own irrigation zone. This would prohibit the over watering of trees, and newer landscaping could be sustained, including their trees, during a drought situation. Commissioner Dean asked for clarification if a person owned a single family home on a two acre lot, new construction, and they would like an urban farm on an acre to irrigate. How would this ordinance work for them. Ms. Duer responded that one acre of the landscape would be covered by the code, and the acre that was the urban farm would not. .. 6 etc 1_:1_' Salt Lake Planning Commission Minutes, November 10, 2010 Page 6 Motion Commissioner De Lay made a motion in regard to PLNPCM2oio-ooR22:Water efficient landscaping/Tree Protection,based on the findings of the staff report and testimony heard tonight, I move that the Planning Commission send a favorable recommendation to the City Council to adopt the proposed sustainability ordinance text amendment concerning landscaping and tree protection, with the corrections as discussed in the meeting. Commissioner McHugh seconded the motion. Vote: Commissioners Drown, Dean, De Lay, Gallegos, Luke,McHugh, and Wirthlin and all voted "aye". Commissioner Woodhead voted"no" Commissioner Hill abstained. The motion passed. PLNSUB2o10-00088 and PLNPCM2oio-00089: Utah Paperbox Subdivision -A request by Salt Lake City for a declaration of surplus property and preliminary subdivision approval at approximately Soo West 90o South. The property is located in the M-i (Light Manufacturing) zoning district in Council District 2, represented by Van Turner. Chairperson Fife recognized Nick Britton as staff representative. Mr. Britton stated that there were two petitions before the Planning Commission the first was for a surplus property request, and the second was for a subdivision. Mr. Britton said that the property in question was on 90o S.,between 700 and Soo W. and was on the south side of the street. It was a former Union Pacific property. In August 201o, this property was rezoned from open space to light manufacturing. The proposal was to split the parcel, the City would retain a portion of the property. The City is the actual applicant; however, representatives of Utah Paper Box were present. Mr. Britton added that members of the Glendale Community Council called and stated their support of Utah Paper Box. Questions from the Commissioners None. Statement from the Applicant None. Salt Lake Planning Commission Minutes, November 10, 2010 Page 7 Public Hearing Jay Engleby from the Glendale Community Council spoke in support of Utah Paper Box. i36 Close of Public Hearing 6:57;59 Motion Commissioner Gallegos made the motion in regard to petition numbers PLNSUB2o10-00088 and PLNPCM2o10-00089: Utah Paperbox Subdivision I recommend that the Planning Commission forward a favorable recommendation to the City Administration for the disposition of this property to include conditions 1 and 2 . Commissioner Woodhead seconded the motion. Vote: Commissioners Drown, Dean, De Lay, Gallegos, Hill, Luke,McHugh,Wirthlin and Woodhcad all voted "aye". The motion passed unanimously. Firm Marketplace Planned Development a request by the Woodbury Corporation to develop a retail shopping center located at approximately 247 West moo South. The property is located in Council District 5 represented by Jill Remington. a. PLNSUB2o10-0o584—a request for minor subdivision approval for a 2 lot subdivision. b. PLNPCM2o10-0o572—a request for Planned Development approval for a retail shopping center. The applicant is requesting the Planning Commission modify the location of required landscaping. Chairperson Fife recognized John Anderson as staff representative. Mr. Anderson stated that this was a request from the Woodbury Corporation for a Planned Development as well as a minor subdivision at approximately 247 West moo South, the proposed development would consist of a 8.9 acre retail shopping center with an 81,261 sq ft anchor store in a 910o sq ft of other retail space. Mr. Anderson added that the minor subdivision would create two lots the larger would be 6.14 acres, and the smaller 2.05. The Planned Development substantially meets the zoning standards, with only two minor changes, the first would be the elimination of landscaping along interior property lines, and the perimeter landscaping along the south property was proposed at five feet, rather than the required seven feet. Mr. Anderson highlighted that the applicant had provided much more landscaping than what was needed, and had provided at least thirty seven more trees than what was required. Mr. Anderson provided a PowerPoint presentation that illustrated the site map. Salt Lake Planning Commission Minutes, November 10, 2010 Page 8 J:02_4J Questions from the Commissioners Commissioner McHugh asked for clarification regarding a two lane drive thru,was that accurate and would they need specific permission for that. Mr. Anderson replied that the applicant would need a conditional use,but that element had been removed from the site plan. Commissioner McHugh added that she appreciated the designated and landscaped sidewalk to get to the front of the store,and that it was uncommon. Mr.Anderson stated that this design was very pedestrian friendly. Commissioner Dean asked a question regarding the trax line to the east of the project and asked where the nearest stop would be. Mr.Anderson answered that the stop would be a block and a half away. Comments from the Applicant Mr.Woodbury stated that his team was present and available to answer question. John Anderson, Engineer and Site Planner, Scott Bishop , and Brad Benson were present. Mr.Woodbury noted that they felt they had added adequate landscaping and have made the project as readily accessible to pedestrians as they possible could. Public Hearing Mark Allano spoke; he owns the property south of the project. He stated that his concern was the boundary and visual barrier. He is not opposed to the project but is concerned about the buffers separating his property from the project. He was also concerned about adequate lighting. Close of Public Hearing Questions from the Commissioners Commissioner Dean asked if the area in question was residential to the east. Mr.Anderson said that the area to the east was residential,but there is no direct tie to the development. Commissioner Woodhead asked about the traffic issue on High Avenue. Mr.Anderson stated that certainly the traffic would increase,because at the moment, High Avenue does not currently provide access to anything. Commissioner De Lay asked h OW many businesses were on High Avenue. Salt Lake Planning Commission Minutes, November 10, 2010 Page 9 Mr.Anderson replied that there were two,but only one business is accessed from that street. He added that Transportation had reviewed that plans approved the development. . Commissioner Hill asked if there was a row of trees as a buffer currently,and would that row be removed according to the plan. Mr.Anderson answered that there would not be trees because the adjacent area was not residential and trees were not required there. Commissioner Hill stated that it would seem that a buffer of trees would be a good addition. Mr.Anderson offered that it could be a request given by the Planning Commission,but was not a requirement. Commissioner McHugh added that in that area there was a trax line that adds to the space. 7:it�:2h Motion Commissioner McHugh made the motion that in regard to PLNPCM2oio-oo572., PLNSUB2o10-0o584, Firm Marketplace Planned Development. Recommends that the Planning Commission approve these two petitions as per staff recommendation based on the findings in the staff report and the testimony heard tonight. Commissioner Luke seconded the motion. Commissioner Hill made the request to amend the motion to include that on the south any : east property lines that there would be trees as a landscape buffer that would include one shade tree for every 120 sq ft of landscaping and a minimum of 5o% of every landscape area planned within an approved ground cover with the appropriate density to achieve complete cover within two years. Commissioner McHugh did not accept the amendment. Commissioner Woodhead seconded the amended motion. Vote for Amendment: Commissioners De Lay, Drown,Woodhead, Hill, Dean, Gallegos voted aye, Commissioners Wirthlin, Luke and McHugh voted no. The amendment passed. Vote for motion as Amended: Commissioners De Lay, Drown, Woodhead, Hill, Dean, Wirthlin, Luke, McHugh, and Gallegos all voted "aye". The motion passed unanimously. Meeting Adjourned Salt Lake Planning Commission Minutes, November 10, 2010 Page 10 This document, along with the digital recording, constitute the official minutes of the Salt Lake City Planning Commission held on November 17, 2010. Angela Hasenberg Salt Lake Planning Commission Minutes, November 10, 2010 Page 11 2010---°°°}c7 • 4� � 1J1 L + "C. •� • 64, "3 ter;- ...� _� ✓`'d (}'7 rrf��l I I�i1�^�, re Ft r. `emu �1 C• {7SB "'>>t4iB4 ` Planning Division Community Economic Develo ;rent Deparnnent Mayor Becker From: Wilf Sommerkorn, Planning Director i/z,- Uate, February 16, 2010 c Frank Cray, Community and Economic Development Director; Mary De La Mare-Schaefer, Community t_': Economic Development Department Deputy Director; Pat Comereli, Assistant Planning Director; Cheri Coffey, Planning Manager;file r : , Initiate Petition to relating to the consolidation of the Utah Paper Box Company to a.pproxiniately 800 West and 900 South • This memo is to request that you initiate petitions relating to the consolidation of the Utah PaperBox approximation 900 South and 800 West. In October of 2007, the operations at City, under the direction of Lyn Creswell, Chief Administrative Officer et the time, agreed to work with the Utah Paper Box Company to consolidate its operations to 900 South and 800 West which would afford the company to stay within the corporate limits of Salt Lake City while allowing for the relocation of a tire recycling company from the area to a more appropriate industrial location. In order to do this, the City committed to sell a portion of the rail road right-of-way located between 700 and 800 West at 900 South to the Utah Paper Box Company as per the attached letter. With the Commitment of the Union Pacific Railroad Company to transfer ownership or the railroad props ty along 900 South to Salt Lake City in the near future, the Planning Division would like to begin the various approval processes relating to this property. The- processes include the following: Arnan ling the West Salt Lake Zoning Map to identify a. portion o,the former railroad -^r1-;:a`tl .tM'ea-;s,"!r(=�- -tl iJrled Open Space (OS) as Light ICil Ind: Si:lE:'I ( .' ). I s `j. .... is consistent with the West Salt Lake Community Master Plan's future land use map which identifies the property as industrial'. Processing a subdivision to incorporate a portion of the railroad land to the Utah Paperbox Company; and O Proposing to declare and sell the portion of property as surplus property As part of the process,the Planning Division will follow the City adoption processes including citizen input and pubic hearings with the Planning Commission and City Council where applicable. If you have any questions, please contact me, Thank you. COrIC ,1F"=1?C , initiate the y ,ni7g text amendment petition :a noted a. o %a z 4%, J tft5 J i, 1 Ralph Beckai', iln y r Date 0 PE,.p 2 { _( 4 2 E ; LAND per.,(may'{ y. . - t$IN ENG11 EEiti IG LIX. Planning ♦ Surveying ® Engineering 7414 South State Street suite 201, Midvale Ut. 84047 801-495-2541 office 801-495-2547 fax Idesurvey.coni Beginning at a point that is South 00°00'44" East, a distance of 125.08 feet and North 89°56'42" East, a distance of 33.00 feet from the Northwest corner of lot 12, block 8, Five Acre Plat "B" Big Field Survey, said point also being South 00°00'51" East 125.17 feet and South 89°56'42" West 726.17 feet from the Northeast corner of block 8 Five Acre Plat "B" Big Field Survey, of Salt Lake County Utah; thence North 00'00'44" West, a distance of 83.08' feet; thence North 39°56'18" East along the south rail line of an abandoned rail road a distance of 726.17 feet to the easterly block line of described block; thane South 00°00'51" East 83.17 feet; thence South 89°561-12" West 726.17 feet to the Point of Beginning. Containing 60,360 Sq. Ft. 1.385 Acres PETITION NO. PLNPCM2010-00089 PETITION CHECKLIST Date Planner Supervisor Director Action Required Initials Initials Initials 2010 9 Petition Delivered to Planning 02/16 Ii4 1(, M. Petition Assigned to (II C g,-/ i I- Planning Staff or Planning Commission Action Date ZDID `A /1./i. 1 1-1 7 Transmittal Cover Letter 2, 1. n 17. Followed Template(margins,headings,returns etc) tl-/-7 Table of Contents 7 �o 1 ,6 lj, ji• /7 Chronology 2vto jn l� Ordinance Prepared by the Attorney's Office ` Include general purpose statement of petition(top of ordinance) include Strike and Bold—(Legislative Copy)(where applicable) Include Clean Copy(Ensure stamped by Attorney) / Include Sidwell Numbers(where applicable) Include Legal Description-review,date and initial(where applicable) Ensure most recent ordinance used Ensure Exhibits(tables etc)arc attached Council Hearing Notice A- Include Purpose of Request / Include zones affected(where applicable) Include address of property(where applicable) Include TDD Language 11_/7 Mailing List of Petition and Labels, Z J 1 (A L /1 /1 (include appropriate Community Councils, applicant and project /I r planner) (include photocopy of labels) Planning Commission Notice Mailing Postmark Date Verification(on agenda) /o In b Newspaper Notice for Rezonings and Master Plan Amendments (proof of publication or actual publication) I I (1- 1 �� L �� )� Planning Commission Staff Report Planning Commission Minutes and Agenda 1!' I`1 Yellow Petition Cover and Paperwork Initiating Petition (Include application, Legislative Intent memo from Council, PC memo and minutes or Mayor's Letter initiating petition.) I I I Date Set for City Council Action: Petition filed with City Recorder's Office Remarks: Petition No: PLNPCM2010-00089 By: Salt Lake City Planning Division Declaration of Surplus Property Date Filed: February 16, 2010 Address: Approx. 800 West & 900 South Remarks: Petition No: PLNPCM2010-00089 By: Salt Lake City Planning Division Declaration of Surplus Property Date Filed: February 16, 2010 Address: Approx. 800 West & 900 South SALT LAKE CITY COUNCIL STAFF REPOR DATE: January 4, 2011 SUBJECT: Redistricting Boundaries • Salt Lake City Council Districts • Salt Lake City School Board Districts STAFF REPORT By: Karen Halladay, Budget and Public Policy Analyst • AFFECTED COUNCIL DISTRICTS: All PUBLIC PROCESS: To be determined by the Council • The following information is provided to inform the Council about redistricting including: a review of redistricting in 2001; a proposed timeline for the 2011 process; redistricting concerns expressed by a group of private citizens; and a list of potential policy or guiding statements. According to Utah State Code, 10-3-205.5., the Salt Lake City Council "must complete its redistricting process within six months from when the state Legislature finalizes their legislative district boundary changes." Effective January 1, 2009, the Legislature is required to divide the state into congressional, legislative, and other districts no later than the annual general session (not next session following the federal census) • following the Legislature's receipt of the federal census results. This means the state legislature has until before the 2012 general session to complete their redistricting process. Once the state completes their process,the City has six months to complete its process. The City cannot proceed until the state redistricting process is complete. In addition, e County establishes voting districts after the State redistricting process is complete. For practical purposes, the Lity's legislative boundaries should follow voting district lines. Therefore, redistricting changes will likely be in effect for the 2013 City Council elections, and not likely for the 2011 City Council elections.. The last redistricting process for establishing Salt Lake City and Salt Lake City School Board district boundaries occurred after the 2000 Census. A resolution was adopted on December 11, 2001. Council Direction Needed ➢ How does the Council wish to organize themselves for this project? Options: 1. Council Policy Discussion Meeting 2. Internal Council Committee • Council Members (3)—potentially Council Members not up for re-election to avoid conflict (?) • Administrative and/or Council Staff 3. External Committee • Community Members—What should the criteria be for selecting community members? 4. City Council Work Session Briefings 5. School Board Subcommittee • Should this be a separate process or part of the Council process? v What level of public involvement does the Council desire? Options: 1. Selected community members are involved throughout the entire process. 2. The Public receives information via website, slctv, news articles, etc. and is invited to participate during several public hearings held throughout the process. 1 ➢ Does the Council wish to develop principles or policy statements to serve as a guide for the redistricting process? A list of possible policy statements is included as the last section of this report. 0 Redistricting Process Timeline Date Description Additional Information December 31, 2010 US Census data delivered to the Statewide counts and reapportionment numbers President by this date. were released on December 21, 2010. One Congressional seat was added for a total of 4 Congressional seats for Utah. April 1, 2011 All states must receive redistricting The Legislature has until the start of the 2012 data, including population numbers legislative session to complete the state's by census block level, by this date. redistricting process. A technical change was made to the timeframe in the 2008 election. April 1, 2011 to Fall 2011 The State of Utah redistricting In the 2000 Census,4 State Senators and 15 State -Projected process will occur after the Representatives served as the Redistricting redistricting data is received from the Committee for the State of Utah. The US Census Bureau. committee met regularly between April and September of 2001. Committee recommendations were presented during a Legislative Special Session in September/October. After modification of the Redistricting Committee recommendations,the Legislature adopted official district boundaries in late September/early October during a 2001 special session. 0 Fall/Winter 2011- Salt Lake County redistricting process Salt Lake County has formed an external Anticipated will occur. redistricting panel for redistricting based on the 2010 Census. Seven individuals—3 Republicans, 3 Democrats,and 1 politically unaffiliated individual-will serve on a redistricting commission which will make recommendations to the County Council. The County Council will have final say over the county district boundaries. Fall/Winter 2011- Salt Lake City redistricting process The next General Session of the Utah Legislature Anticipated will occur and Council and School convenes on the third Monday in January of Board District boundaries will be 2012. The State's redistricting process must be adopted. completed by this date. Once completed,Salt Lake City Council has six months to complete its redistricting process. Salt Lake City Council Redistricting Process in 2001 The last time the Council adopted new district boundaries was in 2001 after the 2000 census. Council Members met several times in subcommittees during the redistricting process. They studied population growth/changes and considered proposals and citizen comments. District boundaries scenarios were determined that kept boundaries largely intact and met the State requirement of having substantially equal population in each district. The adopted scenario kept the boundaries largely the same, but shifted boundaries westward to accommodate the increased growth. The City's GIS system assisted the Council as they studied the various boundary scenarios. Given the Salt Lake City School District is located solely in Salt Lake City, the City Council has responsibility for determining the district boundaries for the Salt Lake City School Board District. City and school board district boundaries 2 do not have to be the same. In 2001,the Salt Lake City School Board voted on a proposal that met the school district needs and submitted it to the Council for consideration. The Council adopted the School Board's proposal. ublic Concerns about Redistricting A group of Utah citizens hoped to enact provisions to the State of Utah Election Code that would have established an independent redistricting commission. This group of Utahns failed to get signatures required to bring the "Utah Redistricting Standards Commission" initiative to the November 2010 ballot. Although the statewide initiative was not on the ballot,the Council may want to review their intent statement and determine if any ideas should be incorporated in the City's efforts. (See Attachment) The intent statement relates to the State of Utah redistricting process, but ideals from the statement could serve as guiding principles or policy statements for the Salt Lake City Council as they address City and School District boundary adjustments in 2011. A list of policy statements the Council may want to include are included below. Guiding Policy Statements for Salt Lake City Council Redistricting Process Table 1 contains policy statements Council Staff has compiled based on current State, County, and City code. Table 1 Guiding Principles Established by Current Code Item Policy Statement 1 "The City shall be divided into seven council districts of substantially equal population." City Code 2.06.010 2 "Upon reapportionment,the Council Districts should,to the extent practical,remain consistent with their original geographical configuration and representation, allowing continuity and ease of contact between residents and district Council Members." Salt Lake County Code Section 2.04 and 2.71 3 Council Districts be of"substantially"equal populations. Utah Code 10-3-1216 4 The current State statute provides that the City Council will reapportion the City School Board Districts so they"...are substantially equal in population and are as contiguous and compact as practicable." Utah Code 20A-14-201 5 (2)(a) "For an election held after the 2008 general election, a person seeking election to a local school board must have been a resident of the local school board district in which the person is seeking election for at least one year as of the date of the election. (2)(b) "A person who has resided within the local school board district, as the boundaries of the district exist on the date of the election,for one year immediately preceding the date of the election shall be considered to have met the requirements of this subsection (2). Utah Code 20A-14-203 (Amended by Chapter 8 in 2008.) Table 2 contains policy statements Council Staff has compiled from various sources. The Council may wish to consider using some or all of them in their redistricting process. Table 2 s .,. Principles the Council May Wish to Consider e Disagree Policy Statement Additional Information with with Statement Statement 1 The following concepts were considered in the 1990 Concepts considered by the Council re-districting process: in the 1990 redistricting process. • Neighborhood areas with similar characteristics. • Existing City land-use planning districts. • Natural boundaries,such as physical separations of areas. 1 • Man-made barriers,such as major streets and freeways. 2 Recognize the Salt Lake City School Board may have Approach taken during the 2001 different policy priorities. Ask the School Board to redistricting process. submit a proposal based on the needs of the school district. 3 All members of the public are encouraged to Approach is standard practice with participate in the redistricting process. Salt Lake City Council. • All redistricting meetings are open to the public. • Written information from the meetings will be made available to the public. •The public will be invited to submit written and oral comments to the proposed districts during the redistricting process. 4 It is important to maintain partisan balance and During 2010, the Salt Lake County avoidance of partisan gerrymandering,with the goal Council formed an independent of"fair representation for all Utah citizens". redistricting panel. Seven • Census blocks are the components of Council and individuals — 3 Republicans, 3 School Board Districts. Democrats, and 1 independent or •A redistricting plan may not create any district politically unaffiliated — will be drawn to unduly favor or disfavor any particular charged with redrawing voting person or registered political party. district boundaries and submitting • Addresses and political affiliations of registered proposals to the County Council. voters, incumbent legislators or members of Congress The Council is responsible for should not be used in the redistricting process. adopting the district boundaries. • Communities of common interest-cultural, demographic,economic, ethnic,geographic, and trade area factors—are considered and preserved. Background Information By ordinance, Salt Lake City is divided into seven (7) council districts of substantially equal population. The legislative body, Salt Lake City Council, is responsible for establishing the legislative boundaries or districts for Salt Lake City and the Salt Lake City School Board when: 1)districts need to be enlarged due to contiguous city annexations and 2) districts need to be adjusted based on the federal decennial census results. A census or count of every U.S. resident is required every ten years by the United States Constitution. During 2010, the U.S. Census Bureau conducted the census. Census data collected was delivered to the President of the United States on December 21, 2010. Additionally, beginning in February and wrapping up by March 31, 2011, the Census Bureau will release demographic data to the states on a rolling basis so state governments can start the redistricting process. 4 The 2010 Census data will be used at all levels of government including the following: • Federal Government o Allocate federal funds to communities for schools, hospitals, senior centers, bridges, tunnels, and other federally funded projects. o Determine the number of U.S. House of Representatives seats for each state. • State Government o Determine U.S. House of Representatives district boundaries. o Determine Utah State Senate and House Legislative district boundaries. o Allocate and distribute federal funds to communities for various eligible projects. • County Government o Determine County Council district boundaries. o Determine School District boundaries for school districts that encompass more than a single municipality. o Allocate and distribute federal funds to various projects. • City Government o Determine City Council district boundaries. o Determine School Board District boundaries, if school district does not extend beyond the city's boundaries. (Note: During the last redistricting process, the Salt Lake City School Board Members voted on a proposal that met their policy priorities and submitted it to the City Council for their consideration. The School Board boundary proposal was adopted by the City Council.) o Allocate and distribute federal funds, including Community Development Building Grant (CDBG)funds to CDBG eligible areas of the City for various projects. C C 5 Attachment A The "Redistricting Commission" legislation initiative intent statement is as follows: "It is the intent of the People in enacting this initiative, Utah Redistricting Standards Commission, to enact legislatio that provides for uniform procedures and standards in redrawing the boundaries of legislative districts. In previous decades of redistricting, election district lines were manipulated for political advantage by incumbents, effectively undermining the ideals of a republic and thwarting the true purpose of redistricting—to provide equal representation to each voter. In lieu of divisions made by the state legislature with its inherent conflict of interest, this politically independent commission will be required to draw political maps with accountability and transparency, thereby creating election district boundaries that comply with the United States Constitution, the Utah State Constitution, and the Voting Rights Act. Statutory provisions are herein enacted to produce maps of elections districts that are reasonably equal in population and reasonably compact, contiguous, and respectful of existing city and county boundaries. The commission must consider communities of common interest and make use of natural and geographi boundaries. Additionally, the projected outcome of the commission's work will be improved voter participation and increased competitiveness in elections." The intent statement relates to the State of Utah redistricting process, but ideals from the statement could serve as guiding principles or policy statements for the Salt Lake City Council as they address City and School District boundary adjustments in 2011. C:10 Board Appointment: Michael A. Cohn: Community Development and Capital Improvement Programs Advisory Board. INTRODUCTION: Mayor Becker is recommending that Michael Cohn be appointed to the Community Development and Capital Improvement Programs Advisory Board. If appointed,Mr.Cohn will serve the term extending through June 4,2013. APPLICANT INFORMATION: Mr.Cohn resides in Salt Lake City,District Five and is currently employed by MACCO Sales,LLC.as a Manufacturer's Representative.Mr.Cohn is presently serving as co-chair of the East Liberty Park Communication Organization.Mr.Cohn is interested in serving on the Community Development and Capital Improvement Programs Advisory Board because of his interest in neighborhood projects of all types and in all parts of the City. RESPONSE DEADLINE: If you have any objections to this appointment,please let Amber know by December 27,2010. CURRENT COMPOSITION: The Board is comprised of nine to eleven members appointed by the Mayor, with the advice and consent of the Salt Lake City Council,to a three year term.Each member must be a resident of Salt Lake City.The board also requires at least one member is appointed from each council district.Priority is also given to include representation of all income levels,ethnic diversity,persons with disabilities, community advocates and business and commercial interests. Current members are:Joana"Joey"Behrens,District 1;Megan Rogers,District • 1;Barbara Riley,District 2;Robert"Toby"Mires,District 2;John Pace,District 3;Eric Waters,District 3;Michael Bettin,District 4;Julia Robertson,District 4;Paul Murphy,District 5;James Schwing,District 6 and Martha Farney,District 7. BOARD STRUCTURE: The Capital Development and Community Improvement Programs Advisory Board (CDCIP)prioritizes and makes funding recommendations to the Mayor's Office and City Council regarding the federal funding the City receives from the Department of Housing and Urban Development-Community Development Block Grants,and Emergency Shelter Grant,and City's general fund Capital Improvement Program. Most of the City's capital improvement requests,ranging from sidewalk repairs to entire buildings,are reviewed by this board.The Board also plays a key role in communicating,listening,and directing community council and neighborhood requests for infrastructure. APPLICATION Salt Lake City Boards'&-C-ommissions- OFFICE OF THE MAYOR 451 S.STATE STREET,ROOM 306 SALT LAKE CITY,UT 84111 NOTE: PLEASE ATTACH YOUR RESUME. Name: nk(o4AG A. Coh/A) Home 1O'3-0 Lot N D So1L Tr Address: Street i 1_M-kE c/TY 0(1105 City Zip Council District Phone: 69/52/ R5ca Si 5-2.I 'S0 &( 51.8 Soo S IVA COhen1q CoM01-5;NET Home Work Cellular# E-Mail Address Occupation: /MM/170 U PA C U R Fn PFPRos&AirT7F 1 V(- Committee(s),Board(s),Commission(s)or Authority in which you are interested: eDei,� Reason for your interest in this particular committee/board/commission or authority: .gym /A/77 6:cE:1) //11 EjGii6aufoop ARo`t" 4 r 3 let 1Ub 5 A-. 'D iN A-c PAt2 7 5 o F 5/Fcr G,A-K ' -C/ 7-74 Are you currently serving on any other City committees? If so,which committee(s)/board(s)/commission(s)/authority? NO Have you had previous contact with the committee/board/commission/authority for which you are making application? WO If so,when,and the circumstances? (OVER) Community Service/Activities(past and present): _ d-O el-e iR LIr3EI2 Y/ P W CoMMuN iTy C 2 GA-1J 12A T t(DOS ,U. /A) / ST7 r 2. l,uOS t c-T. c16#� Fok,D Professional Activities: Civic/Professional Organization Memberships: Ethnic Group(to assure fair and equal representation—answer optional): Other Pertinent Information: 1-(0S7-) D . tRLs Please list three references and phone numbers: I) ryl R 5I-(U.t E 8 t • 36 4 2.4 o 5L 2) Cokq SM r I/ c3 • 822 .Ct 37 3) "Tom r`�, (l) (d 6 ' 5-2 r - 53 70 DATE: 1 (� 10511!k2(v SIGNATURE 0U00 BOARDS & COMMISSIONS CONFLICT OF INTEREST DISCLOSURE STATEMENT This statement is to be filed by all applicants for positions on regular or special committees, boards, authorities, and commissions ofSalt Lake City. I, M(CM4C�. A . C-01�) (Name),being first duly sworn, certify that I am applying to serve on the C DC-t 1' (List Board or Commission) and that the following statements of my financial interests are true and correct to the best of my knowledge. A. EMPLOYMENT Section z.44.o5o, Salt Lake City Code,requires that every person holding any position with Salt Lake City Corporation who is also an officer,director,or employee of any other(non-city) business entity disclose such position and the nature of such position or employment. A"business entity"means a sole proprietorship,partnership, association,joint venture,corporation,firm, trust, foundation,or other organization or entity used in carrying on a business. The following questions refer to your primary non-city job: z. Are you presently employed? Yes No If you answered"yes" to the above question,please list each of your employment interests: a. The name of the business entity: Pt 4-CC O SA-L1=-S) L t.-C b. The address of the business entity: (O i0 CA-)i N OS O -L ST c. The principal activity engaged in by the business entity: MAPUFACFOR eraS R.&P d. Your job title in the business entity: MA JkGE ? e. The length of time employed by the business entity: 2 0")5— If you answered"no" to the above question,please state if you are retired,unemployed,etc: B. BUSINESS INTERESTS Section z.44.o5o,Salt Lake City Code,requires that all substantiaLinterests you may have in any(non-city)business entity be disclosed. Please fill out only if separate from the above employment information,unless self-employed. i. Do you engage in a business in which you are the sole proprietor(owner)?_Yes X No 2. Do you,your spouse or your children own stock in any corporation which,when considered in any combination,comprises ten percent(to%)ownership of the outstanding shares of said corporation? ( Yes No 3. Do you,your spouse,or your children have any interests in any limited partnerships or other business entity which,when considered in any combination,exceeds a ten percent(10%)interest in such business? k Yes No 4. Do you own any interest in any business for which Salt Lake City issues a business license,i.e.,a restaurant,an apartment building with three or more units,tavern,etc.? X Yes No S. If you answered"yes"to question 4,does the business entity have a Salt Lake City Business License? _ Yes No If you have answered"yes"to any of the above questions,please state for each business interest: a. Name of the business: M/4(CO `� � ' LC.C. b. Address of the business: f O'4o (.0 I N() R— ST, S CCL e OS— c. The principal activity engaged in by the business: d. The nature of your interest in the business: &Z1 R AL 1 E ? f14 Ali A G&R- e. The length of time associated with the business: SYG4tcf f. If you answered"yes"to question 4 above,state whether the value of your interest is: Under$25,000 x Over szs,000 (attach additional sheets if necessary) I certify that no conflicts of interest exist or that all conflicts have been disclosed in writing on this statement. � Dated this d p7` day of 0-(--''PDC 72_,20 Q . (“2„ (Signature of Applicant or Board Member) STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) Subscribed and sworn to(or affirmed)before me by COI"N on this (Applicant or Board Member) a t day of (2)c4O\ £. & ,20 i `` I, 1 ► i BEVERLY JONES Vt." ^i "4 ,r NOTARY PUBUC•STATE OF UTAH (Notary Publ c,r iding in Salt Lake County,Utah My Comm.Exp.10101/2013 �._ Comn*aion•580422 (This is a conflict of interest disclosure statement only. Additional disclosures or restrictions may apply if your financial,business,or professional activities conflict with your city responsibilities.) Board Appointment: Jordan Jones: Community Development and Capital Improvement Programs Advisory Board. INTRODUCTION: Mayor Becker is recommending that Jordan Jones be appointed to the Community Development and Capital Improvement Programs Advisory Board. If appointed, Mr. Jones will serve the term extending through June 4, 2013. APPLICANT INFORMATION: Mr.Jones resides in Salt Lake City, District One and is currently employed by the Northwest Community Center as a Program Coordinator. Mr. Jones was born and raised in the Fairpark community, graduating from West High School. He has been an active participant in community affairs and believes that by serving on the Community Development and Capital Improvement Programs Advisory Board he could learn many great things about community development and can contribute his experience and insight as a resident of District One. RESPONSE DEADLINE: If you have any objections to`this appointment, please let Amber know by December 27, 2010. CURRENT COMPOSITION: The Board is comprised of nine to eleven members appointed by the Mayor, with the advice and consent of the Salt Lake City Council, to a three year term. Each member must be a resident of Salt Lake.City. The board also requires at least one member is appointed from each council district. Priority is also given to include representation of all income levels, ethnic diversity, persons with disabilities, community advocates and business and commercial interests. Current members are: Joana "Joey" Behrens, District 1; Megan Rogers, District 1; Barbara Riley, District 2; Robert "Toby" Alires, District 2; John Pace, District 3; Eric Waters, District 3; Michael Bettin, District 4; Julia Robertson, District 4; Paul Murphy, District 5; James Schwing, District 6 and Martha Farney, District 7. BOARD STRUCTURE: The Capital Development and Community Improvement Programs Advisory Board (CDCIP) prioritizes and makes funding recommendations to the Mayor's Office and City Council regarding the federal funding the City receives from the Department of Housing and Urban Development - Community Development Block Grants, and Emergency Shelter Grant, and City's general fund Capital Improvement Program. Most of the City's capital improvement requests, ranging from sidewalk repairs to entire buildings, are reviewed by this ,board. The Board also plays a key role in communicating, listening, and directing,community council and neighborhood requests for infrastructure. 11/10/2010 14:54 NeighborWorks Salt Lake (FAX)8015391593 P.0021006 APPLICATION Salt Lake City Boards &Commissions OFFICE OF THE MAYOR 451 S.STATE STREET,ROOM 306 • SALT LAKE CITY,UT 84111 NOTE,PLEASE ATTACH A RESUME • Name: .J Orc.\c v _ �e5 Home 1163 Ivor ty` ( ,OD Wes-i- Address: Street / So 14- L�ue C�-�r Sc{11 J City Zip Council District Phone: Sot- 36;-`C77__5 t305 gb1 C-{y8.761f P6-bile - or Home Work Cellular# J� E-Mail Address Occupation: ,mmittee(s),Board(s),Commission(s) or Authority in which you are interested: Reason for your interest in this particular committee/board/commission or authority: l3o(rk c. cl ru:se4 �, 11 Fca;rpw< r�rrnv+�ur - of Salt 1-cate G C—ir.Jvc.4e of Wes'-1 141 jin Satan cwic[ a-c ht.� /�✓kipa.rr! I,„ w„y aro.;rs- I he(;eu .I c.crtJd jean` vna.va- 9rec,4 'ry►v abo.h Gymmomi• _ aievelvr evevri- a,�Ac1 Gar►t-ribv4P Inter 'e rier1ce cw�d ;Ytc�1o�M- a-S A res►ci�n-i- of cifS�rjc� ��ll- V Are you currently serving on any other City committees? If so,which committee(s)/b oard(s)/commission(s)/authority? Ala Have you had previous contact with the committee/board/commission/authority for which you are making application? A/o If so,when, and the circumstances? (OVER) 11/10/2010 14:54 NeighborWorks Salt Lake (FAX)801 5391 593 P.0031006 Community Service/Activities (past and present): one Depo4- t v„vtda-iior\ / L<cJarar+1 pl6- -yrtnAnci by;Id ►1�' c�msii-f+�tict� Pc�K GcJ lcc-st Corgi Kirk o Service — RerruebiStle4 Veettic, k C rry wu + Ce - LUCiScvt7,1•• C.rn•vmt ebvrleivt S�Ic0.. prA✓.h, co»rrlv►a-{ Professional Activities: Norihweis1- ei ve1 reel' - yeyvt , lmxmw`. music d c4- -P. -►Vc.. /1Acmcl J.ic$ Movie-5 - /1/le►vrrtil - +ntitil �ti (t movies .-(wee -fb 11epUol.X. • Civic/Professional Organization Memberships: PGA;r park Gvmmun �'u1' 40r IC. Ne t gkbor^W lus So,if Lo..ve n,,oar4 Ethnic Group,(to assure fair and equal representation—answer optional): Other Pertinent Information: We9i- Side /faders ip eir 4uo-1 _ Glass of Ze 1 PIease list three references and phone numbers: 1) /1/1"`(i° elate'C o 2 - so 1. S 3°1 . 15 9 o 2) Ccm erz - 389 . y!6$. 1305 3) P-ose.wt av;e got- 97Z. 3S9 b DATE: I / I 0 /20 t b • SI NA oiio0 11/10/2010 14:54 NeighborWorks Salt Lake (FAX)8015391593 P.004/006 BOARDS &COMMISSIONS CONFLICT OF INTEREST DISCLOSURE STATEMENT This statement is to be filed by all applicants for positions on regular or special committees, boards,authorities,and commissions of Salt Lake City. I, -.)vrtiotn% aciretel3 ,being first sworn, certify that I am applying to (Name) serve on the L1:)13G-1 / C E P and that the following statements of my financial (List Board or Commission) interests are true and correct to the best of my knowledge. A. EMPLOYMENT Section 2_4.4.4,50,Salt Lake City Code,requires that every person holding any position with Salt Lake City Corporation who is also an officer,director,or employee of any other(non-city) business entity disclose such position and the nature of such position or employment. A"business entity"means a sole proprietorship,partnership,association,joint venture,corporation,Firm,trust, . foundation,or other organization or entity used in carrying on a business. The following questions refer to your primary non-city job: I. Are you presently employed? • XYes No If you answered"yes"to the above question,please list each of your employment interests: a. The name of the business entity: NO( t'`) t Aa w►'�V b. The address of the business entity: gab torik «f UUWe&' c. The principal activity engaged in by the business entity: Pecrec„kio r\ d. Your job title in the business entity: f(oyOWrs Gocrd►vlc rir e. The length of time employed by the business entity: 2 jeakr 5 If you answered"no"to the above question,please state if you are retired,unemployed,etc: A3)1JAW PIMA YEU31`18 MOMS eroiuhano3 ' (Attach additional sheets if necessary) (Over) 11/10/2010 14:55 NeighborWorks Salt Lake (FAX)8015391593 P.0051006 . tisw B.BUSINESS INTERESTS Section z.44.o5o,Salt Lake City Code,requires that all substantial interests you may have in any(non-city)business entity be disclosed. Please fill out only if separate from the above employment information,unless self-employed. I. Do you engage in a business in which you are the sole proprietor(owner)?_Yes z. Do you,your spouse or your children own stock in any corporation which,when considered in any combination,copprises ten percent(sog)ownership of the outstanding shares of said corporation? Yes No 3. Do you,your spouse,or your children have any.interests in any limited partnerships or other business entity which,wen considered in any combination,exceeds a ten percent(web)interest in such business? Yes ! No 4. Do you own any interest in any business for which Salt Lake City issues a business license,i.e.,a restaurant,an apartment building with three or more units,tavern,etc.? Yes No 5. If you answered`yes"to question 4,does the business entity have a Salt Lake City Business License? Yes X Na If you have answered"yes"to any of the above questions,please state for each business interest: a. Name of the business: b. Address of the business: c. The principal activity engaged in by the business: • d. The nature of your interest in the business: e. The length of time associated with the business: £ If you answered"yes"to question 4 above,state whether the value of your interest is: Under$z5,000 Over$z5,000 (attach additional sheets if necessary) I certify that no conflicts of interest exist or that all conflicts have been disclosed in writing on this statement. • Dated this 10 day of NGh/ b e/ ,zo lb . (Si of li t or Board Member) STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) Subscribed and sworn to(or affirmed)before me by c(t�0..1A-•• on this (Applicant or fatd Member) ` day of A S-e_vvtiou . ,zo i 0 ti .. . NotaryPub-- actin in Salt Lake County,Utah MO�W1/NifiLIC�RfI{IROlttfdW 8 MII liRACA114 • (This is a conflict of interest disclosure statement only. Additional disclosures or restrictions may.apply if your financial,business,or professional activities conflict with your city responsibilities.) 11/10/2010 14:55 NeighborWorks Salt Lake (FAX)8015391593 P.006/006 Jordan Jones Objective 463 North 1300 West Salt Lake City, UT 84116 To explore, experiment, and contribute to the potential of humanity 801.448.7011 jj@tonelab.org Profile Tonelab Director • Nonprofit laboratory focused on human networks • "Unleashing the untapped potential in both the individual and region" Neighborworks Salt Lake Board Member • Assist In derision making that affects the organization&stakeholders ■ Contribute to programs and services that benefit local communities Northwest River Fest Founding Partner • Grass roots music and arts festival • Bringing together the many flaVors of the west side in one free event West Side Leadership Institute Graduate • Coordinated group project"Let There Be Light 2" • Received grant for"SenseUs"project, a community based survey SpyHop Productions Apprentice • Project leader ■ Sound production and design for music and film History Program Coordinator, Northwest Multipurpose Center,Salt Lake City,UT Technology Spedalist,Apple Inc, Salt Lake City,UT Data Analyst,Ogio, Draper,UT Education 2009-Current University of Utah,Salt Lake City,UT 2006-2007 Utah State University, Logan,UT 2000-2006 West High School,Salt Lake City,UT References References are available on request