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07/10/1990 - Minutes COMMITTEE OF THE WHOLE MEETING JULY 10, 1990 Those in Attendance: Wyllis Dorman, Mayor DePaulis, Emilie Charles, Stan Penfold, Stephanie; Ron Whitehead not present. SLACC Briefing: SLACC to table - Quarterly Meeting Two ordinances to discuss. Alan Hardman: Stan - this over to you - do you want to highlight? Stan Penfold: Hearings referred back to Mayor. Quarterly held 6-6- ; three items: First, Legal Standing Issues and what rec org ordinance would do. Second, Board of Adjustment concern. Allen Johnson thought to pursue. Third, Minority repre . Pam Heal: Vice Chair - Kim asked to be . Alan Hardman: Election - Stan - Yes - Tony stepped down - at meeting Bruce Baird there - discussion. Standing evolved into whether we should make change. East Central issue - package lot - Com - Council could not file - Attorney's decided possible if recognized by City Council. May allow. SLACC to pursue issues in court. SLACC count appeal decision now - looking at other ordinance changes. Decided like to leave as is look at other times 1.50. Second - Special exceptions and conditional uses. B.O.A. concerns - Brent Wilde - addressed cover letter has wording - last paragraph decided change ready - that Mayor change decided beste to handle by executive order because will take time to decide which issues effect neighborhood, etc. - do that we can go through listing and see which option they would like to review. Bruce Baird - rec. Nancy Pace: Example? Stan Penfold: Industrial zinc - package - non-confirm use. Nancy Pace: Where? Mayor DePaulis: Bid Stan Penfold: By executive order specify which exception the neighborhood could choose to review. Appeal item to Mayor allow couple of weeks time to SLACC to review. Planning Center - B.O.A. Determination Work on clarifying what issues go to B.O.A. where we run into problems. Tom Godfrey: One case where Council specified who to appeal to - what about exec. Will committee group still request? Stan Penfold: Yes, same, submit in writing request to delay until next meeting. Executive Order specify issues that the SLACC can appeal to Mayor to delay. Cindy Gust-Jenson: Can update easier. Nancy Pace: New Council what is process? Ensign Downs doesn't fit for example. Stan Penfold: Any neighborhood is able to organize. Just file at first of the year in order to be recorded must petition. City and other community councils in their area, but decision remains with city. Roselyn Kirk: Does this affect all existing? Stan Penfold: Can be recognized as neighborhood council only by SLACC approved committee or - go to council. Tom Godfrey: If we pass who will decide border disputes. Stan Penfold: Up to City Council. Tom Godfrey: Will Council pick boundaries? Stan Penfold: No. I don't see problem with areas of dispute. Last Issue - Minority - discussed issue of whether minorities could participate in an intent of this ordinance to exclude, but felt improper to include wording. As page three of rec org Section All - before officially recognized - their bylaws will need to be changed. Tom Godfrey: Looked to one to accept minority groups. Should have been more neighborhood. Stan Penfold: Wants to develop minority outreach - working with Pete Suazo and Becky to help create this - need to work on. Item Number Four Stan Penfold: Notification dealing with reports or rec out of order. Need to list if there were any decenting reports - not list unanimous, only changes. Bruce was very helpful - like to recommend that we support and adopt as amendment. Nancy Pace: What happens now? Cindy Gust-Jenson: Can have public hearing, or on unfinished business for adoption. Wyllis?? - Done good job Stan. Alan Hardman: One question. No provision that each committee keep minutes. Stan Penfold: No, but if take position must submit in writing what it was - and also report on what happened at meetings. Most do prvide to Community Affairs. Tom Godfrey: Find helpful to have minutes. Stan Penfold: Will work with Community Councils to get them incorporated and encourage to take minutes. Alan Hardman: Can be helpful in making decisions on agenda items. Imperative on some issues. Stan Penfold: Does require that they state on positionn - may be problem still. Chair may need to Alan Hardman: At of whomever writes minutes too. Stan Penfold: Yes. Emphasize with Planning Committee. Talk about what is required - the need for SLACC to come before them - once get in habit Tom Godfrey: Ogden vote to change - government asked how to get word to citizens. Tom and Mayor said deal with Community Councils and they said they don't have any. Stan Penfold: Feel we are organized and strong. Roselyn Kirk: Any movement of East Bench Community Councils coming together? Stan Penfold: No. Need to get together to discuss. Alan Hardman: Questions? Stan Penfold: One other thing; formed task force on boards and committees to help find qualified people for board appointments - to recommend to Mayor and Council. Alan Hardman: SLACC Director. Stan Penfold: Had interviews - in process of selecting finalists. Alan Hardman: Let office know. Stan Penfold: Yes. Wayne Horrocks: Meetings 2nd Tuesday of month? Stan Penfold: You will receive invitation - SLACC - Picnic in August. Alan Hardman: Stephanie request agendas - for SLACC. Stephanie: Okay. Adjourned: 8: 11 p.m. 7 . OFFICE OF THE CITY. COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 TENTATIVE AGENDA TO BE Posted: Monday, July 9, 1990 SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Tuesday, July 10, 1990 TIME: 6:45 p.m. or immediately following the City Council meeting PLACE: City Council Conference Room City & County Building, Room 325 451 South State Street Salt Lake City, Utah 1) The City Council will meet with representatives of the Salt Lake Association of Community Councils for their quarterly meeting. 2) The City Council will hold a discussion concerning revisions to the Recognition and Notification ordinances for recognized neighborhood organizations. cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn Marshall, Department Heads, Press S AssOc LACC 324 So. State Street Air Salt Lake City, Utah 84111 Telephone (801) 535-7915 -74 C � MEMO• MI: City Council FROM: Stan Penfold 4 DATE: June 20, 1990 RE: REC70GN TICK & NC7I'IFICATION ORDINANCES CHANGES The Recognition and Notification Ordinances are being re-submitted with the following changes: The change in the Recognition Ordinance, Chapter 60 of Title 2, is found on page 3 in section 2.60.020(A) (a) . Sub-subsection (i) requires a nondiscrimination provision in the community-based organization's bylaws. (i) The Bylaws shall contain a provision against discrimination and encouraging representation and participation from all qualified members. In the Notification Ordinance, chapter 62 of Title 2 there are two changes. The first is in Section 2.62.040(A) where a subsection(4) is added requiring the presentation of any dissenting (i.e. minority) reports. A. Recognized and registered organizations are encouraged to make recommendation concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following: 4. Any dissenting reports. Finally section 2.62.040(C) has been modified to allow the Mayor by executive Order to establish clasoc3 and provisions for delays of applications. The Mayor may, by executive order, establish certain classes of applications which can be delayed for additional consideration by organizations recognized pursuant to Section 7.60.010(c) . SALT LAKE CITY ORDINANCE No. of 1990 (Recognition of SLACC and Neighborhood Organizations ) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2 . 60 . 010 ET SEQ. , DEALING WITH RECOGNITION OF NEIGHBORHOOD BASED ORGANIZATIONS . WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood organizations ; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors; and WHEREAS , the City desires to extend official recognition to Salt Lake City' s community councils , neighborhood councils and associations , and the Salt Lake Association of Community Councils ; and WHEREAS , such neighborhood-based organizations should be encouraged and permitted to recommend actions , policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS, the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances ; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; and WHEREAS, the Mayor and the City Council are encouraged to schedule regular meetings with recognized neighborhood-based organizations ; and WHEREAS, the Mayor and the City Council intend to provide through the City' s budget process for reasonable assistance to such neighborhood-based organizations; and WHEREAS, the City intends to encourage City departments , especially including the Department of Community and Economic Development to work with the neighborhood-based organizations ; THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: Section 1 Chapter 2 . 60 . 010 Et Seq . be enacted to read as follows : CHAPTER 2 . 60 SLACC AND NEIGHBORHOOD-BASED ORGANIZATION RECOGNITION Section 2 . 60 . 010 Purpose. It is the policy of Salt Lake City to recognize neighborhood-based community organizations for the purpose of providing citizen input and information to various City planning -2- and administrative services . This chapter provides a process for such recognition. Section 2 .60.020 Recognition of SLACC and neighborhood- based organizations. A. All organizations recognized pursuant to this chapter shall comply with the following conditions : 1 . Only properly registered not-for-profit corporations in good standing with the State of Utah may be recognized. 2 . To obtain recognition any community-based organization shall submit to the City Recorder the following information: (a ) The articles of incorporation and bylaws of the community-based organization . ( i ) The bylaws shall contain a provision against discrimination and encouraging representation and participation from all qualified members . (b) A list of the officers , directors or trustees of the organization together with their addresses and the address to which any notice to the organization should be sent . ( c ) No later than January 31 of each year any recognized organization seeking continuing recognition shall submit to the City Recorder any changes in the information specified in (a ) and (b) above and a list of each meeting held by the organization in the preceeding year and a description of the election procedure for officers , directors or trustees of the organization . B. The Salt Lake Association of Community Councils ( "SLACC" ) , or its legal successor, is hereby recognized as the -3- City-wide organization in which community councils, neighborhood councils and neighborhood associations participate by sending representation in accordance with SLACC by laws . C . Neighborhood and community organizations . Neighborhood and community organizations representing the neighborhoods and communities defined on the list and map attached as Exhibit A to this ordinance and maintained on file with the City Recorder are hereby recognized. Membership in any neighborhood or community- based organization must be open to anyone residing within or owning property within the boundaries of the organization . The number, name or boundaries of any community or neighborhood organization may be amended by the City Council upon petition from a City Council member, or any neighborhood or community organization recognized under this chapter. All neighborhood or community organizations affected by such a petition shall hold a public hearing on the amendment request not less than 15 or more that 45 days after written notice of the request is received . Within 30 days after the hearings before the affected community or neighborhood organization the City Council shall hold a public hearing on the amendment request . The Council shall act on the amendment petition by majority vote. D. All organizations recognized pursuant to this chapter shall comply with all provisions of the open meeting laws of the State of Utah and Salt Lake City. -4- Section 2 .60.030 Participation. Recognized organizations are encouraged to make recommendations to the City on all matters affecting the City or the organizations particular community or neighborhood . Recognized organizations shall be part of the City' s notification process provided by Chapter 62 of Title 2 . Section 2 .60.040 Open participation. This chapter shall not preclude the participation in any public hearing by individuals or entities on their own behalf . All citizens of Salt Lake City affected by a decision to be considered by the City Council or the Mayor are encouraged and invited to participate whether through their recognized organization or individually. Section 2. 60.050 Volunteer status and partial indemnification. Recognized organization members shall be considered volunteers and not employees, officials or officers of Salt Lake City. Recognized organizations and their officers, trustees and directors shall be indemnified by the City pursuant to the Utah Governmental Immunity Act in any civil action which may arise from determinations and recommendations made within the scope of performance of their duties under this chapter or under Chapter 62 of Title 2 . This defense and indemnification obligation on behalf of the City shall be limited to only those determinations and recommendations and shall not extend to any physical activities of the recognized organizations or their members such -5- as driving, inspecting property or other similar activities . This provision shall not be deemed a waiver of any claim for immunity from suit on behalf of the volunteer. 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 day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on 1 Mayor ' s action: Approved Vetoed . MAYOR ATTEST: CITY RECORDER -6- (SEAL) Bill No . of 1990 . Published: . BRB:ap -7- SALT LAKE CITY ORDINANCE No. of 1990 (Recognized and Registered Organization Notification Provisions ) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2 . 62 . 010, ET SEQ. , DEALING WITH NOTIFICATION OF CERTAIN ACTIONS TO RECOGNIZED OR REGISTERED ORGANIZATIONS . WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood and other community-based organizations and other entities seeking to provide such input; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors; and WHEREAS, such neighborhood-based organizations should be encouraged and permitted to recommend actions , policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS, the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances ; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; THEREFORE, be it ordained by the City Council , Salt Lake City, Utah: Section 1 That Chapter 2 . 62 . 010 , et seq . , be enacted to read as follows : CHAPTER 2 . 62 Recognized or registered organization notification procedures . Section 2.62. 010 Purpose. It is the policy of Salt Lake City to notify recognized or registered organizations of activities concerning the organizations and obtain input from these organizations concerning various city planning and administrative services . This chapter provides a process for such notification and obtaining such input . Section 2 . 62 . 020 Organizations entitled to notice. A. Recognized Organizations . Organizations recognized pursuant to Chapter 60 of Title 2 shall receive the notices and may participate in the processes established pursuant to this chapter . B. Registered Organizations. Any other entity, organization or person may register on annual basis with the -2- Department of Commuity and Economic Development to receive the notices specified in this chapter. Section 2 .62.030 Required notices. A. The Planning and Zoning division shall submit to each recogniz, i or registered organization copies of the Planning Commission public meeting agendas and shall also submit to neighborhood and community organizations recognized pursuant to Section 2 . 60 . 020 (C) applications for changes to zoning ordinances or conditional use applications pertaining to territory located within, or within 600 feet of the border of such recognized organizations . B. Board of Adjustment agendas shall be sent to all organizations recognized pursuant to Section 2 . 60 . 020 (C ) . C . Other City administrative departments shall take reasonable steps to notify affected recognized organizations of any significant activities pertaining specifically to the recognized organizations geographic area . D . The failure to give any notice under this section shall not affect the validity of any act or decision and shall not give rise to any private right of action for such lack of notice . Section 2 . 62. 040 Participation in planning process. A. Recognized and registered organizations are encouraged to make recommendations concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following: -3- 1 . The nature of the meeting at which the organizations recommendation was obtained (i .e. , executive committee, board, general membership, or otherwise) ; 2 . The notice procedure for the meeting at which such recommendation was made; 3 . The vote on such recommendation 4 . Any dissenting reports . B. The Salt Lake City Planning Division staff shall encourage all zoning petition and/or conditional use applicants to meet with affected recognized organizations to discuss and receive input on the petition or application proposal prior to scheduling the matter for consideration by the Planning Commission. A report of the discussions with the affected recognized organizations and the applicant shall be contained in the Planning Commission Staff Report . C . The Mayor may, by executive order, establish certain classes of applications which can be delayed for additional consideration by organizations recognized pursuant to Section 7 . 60 . 010 (c ) . Upon request of the chairperson or authorized designee of such organization given in writing, prior to the meeting at which the application is to be considered, the City body considering the application shall continue the application for a period not to exceed four weeks from the first meeting such application is heard to allow the recognized organization to consider the application at its own meeting . The Mayor or the Mayor designee may notify the considering body that immediate -4- action is necessary for the best interests of the City in which case a request for delay shall not be granted . Section 2 .62 . 050 Open participation. The notification and participation process specified in this chapter is not intended to preclude the participation in any public hearing by individuals or entities on their own behalf . All citizens of Salt Lake City affected by the decision to be considered at a public hearing are invited and encouraged to participate whether through their recognized organization or individually. SECTION 2 . This ordinance shall become effective the date of its first publication . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on / . Mayor ' s action: Approved Vetoed . MAYOR -5- ATTEST: CITY RECORDER (SEAL) Bill No . of 1990 . Published: . BRB:ap -6-