11/12/2002 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 12 , 2002
The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday November
12, 2002 at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South
State Street.
In Attendance: Council Members C. Christensen, Van Turner, Eric Jergensen, Nancy
Saxton, Jill Remington Love, and Dave Buhler.
Absent: Councilmember Dale Lambert.
Also in Attendance: Mayor Ross C. "Rocky", Anderson; Rocky Fluhart, Chief
Administrative Officer; David Nimkin, Mayor' s Chief of Staff; Talitha Day, National
League Conference Coordinator; Michael Sears, Council Budget & Policy Analyst; Rick
Graham, Director of Public Services; Rick Johnston, Deputy City Engineer; and Chris
Meeker, Chief Deputy Recorder.
Council Chair Buhler presided at and conducted the meeting.
The meeting was called to order at 5:30 p.m.
#1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS
AND ANNOUNCEMENTS.
See file M 02-5 for announcements.
#2. INTERVIEW PEDRO GOMEZ PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE CAPITAL
IMPROVEMENT PROGRAM BOARD.
Mr. Gomez was not available and will be interviewed at another time.
#3. INTERVIEW BEN BURDETT PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE CAPITAL
IMPROVEMENT PROGRAM BOARD.
Mr. Burdett said he lived in District 7 and had served in many Community Council
positions. He said he was interested in the Capital Improvement Program. He said he
was an electrical engineer and a professional control systems engineer. He said he had
directed a number of projects over the years. He said was currently working as a
consultant.
#4. RECEIVE A BRIEFING REGARDING AN INTERLOCAL COOPERATION AGREEMENT WITH THE UTAH
DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF 2100 SOUTH 900 WEST TO REDWOOD ROAD.
View Attachment
Michael Sears and Rick Johnston briefed the Council. Mr. Johnston said the project
was for 2100 South, 900 West to Redwood Road. He said the design was a two-year project
and would be finished in 2004. He said 2100 South would be kept open while under
construction. Councilmember Buhler asked the Council if there were any objections to
moving the issue forward. No objections were raised.
#5. RECEIVE A BRIEFING REGARDING THE PROHIBITION OF RE-SELLING TICKETS ON THE SAME
BLOCK FACE OF ANY STADIUM, THEATRE OR PLACE OF AMUSEMENT. View Attachment
Rick Graham and Russ Weeks briefed the Council. Mr. Graham said the Stingers Baseball
organization had challenges relating to re-selling of tickets. He said the ordinance
would not prohibit re-sale of tickets but would make re-sale more manageable. He said
the problem was that ticket sellers were standing to close to ticket windows and people
in line to buy tickets. He said it had become a public nuisance and had an economic
02 - 1
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 12 , 2002
impact on the institutions. A discussion was held regarding what a ticket distribution
center was. Mr. Graham said this was for public property only. Some Council Members
wanted to limit the ordinance to stadium, arena or playing field events.
#6. RECEIVE A BRIEFING REGARDING THE STATUS OF THE NATIONAL LEAGUE OF CITIES.
Talitha Day and Mayor Anderson briefed the Council. Ms. Day reviewed the attached
financial handout. She said some of the contributions were in cash and some were
donations. She said KSL Television was making a welcome to Salt Lake City video which
included interviews with people on the street. She said gifts for the gift bags had
been donated. She said the Salt Lake County Council and Mayor were waiving $155, 000
in permit fees for the conference. She said the Tabernacle Choir had given CD's as
gifts. She said Xerox was giving copiers, paper and technicians. She said Hewlett
Packard was giving Salt Lake City approximately 30 computers and printers which could
be sold after the conference or kept.
Ms. Day said $408,350 still needed to be raised, some in-kind and some cash. A
discussion was held regarding the estimated hotel rebate. A discussion was held
regarding pre-registration for the mobile workshops. Ms. Day said pre-registration
was working well.
Ms. Day said approximate attendance at the conference would be 4000 not including
exhibiters, guests, children and spouses.
The meeting adjourned at 6:36 p.m.
cm
02 - 2
SALT LAKE CITY COUNCIL STAFF REPORT
DATE: November 8, 2002
SUBJECT: Interlocal Agreement with the Utah Department of
Transportation for the design of 2100 South- 900 West to
Redwood Road
STAFF REPORT BY: Michael Sears, Budget and Policy Analyst
Document Budget-Related Facts Policy-Related Miscellaneous Facts
Type Facts
Resolution The proposed Interlocal Agreement This resolution The Interlocal
with the Utah Department of authorizes the Agreement specifies
Transportation is for the design Mayor to that the City will pay its
engineering for a construction approve the matching share of any
project on 2100 South, 900 West to interlocal costs incurred during
Redwood Road.The City's financial agreement on this project above the
obligations were budgeted in the behalf of the estimated amount.
FY2000-2001 Capital Improvement City.
Budget.
The Administration is recommending that the City Council adopt a resolution
authorizing the Mayor to approve an Interlocal Cooperation Agreement between Salt
Lake City and the Utah Department of Transportation. The agreement is for the design
engineering expenses related to the roadway improvement construction project on
2100 South from 900 West to Redwood Road.
The City Council does not need to consider a budget appropriation with this
resolution. The City has budgeted $37,980 for this project. The budget for the City's
matching share (6.33%) of design engineering expenses was appropriated in the fiscal
year 2000-2001 Capital Improvement Budget. Federal funds in the amount of
$562,020 cover the design engineering expenses of this project. The Utah State
Transportation Commission has approved $5,995,924 in Federal Highway
Administration Surface Transportation Program funds for this project.
Specific projects details are included in the transmittal from the Administration.
cc: Cindy Gust-Jenson, Rocky Fluhart, David Nimkin, Steve Fawcett, Gordon Hoskins, Steven Allred, Boyd Ferguson,
Rick Graham,Max Peterson,Rick Johnston
Page 1
NOV 0 6 2002 + r.
•
RICHARD GRAHAM SALE` A- 1rj,G-IT XCOI PO IsON
_'""• `� - - -�_ ROSS C. "ROCKY" ANDERSON
PUSLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR
' ECEIVEb
OCT 18 2002
COUNCIL TRANSMITTAL SALT LAKE CTiy
ENGINEERING DIVISION
DATE: October 17, 2002 #
TO: Rocky Fluhart
Chief Administrative Officer
SUBJECT: A resolution authorizing the Mayor to sign an Interlocal Agreement between Salt
Lake City Corporation and the Utah Department of Transportation for design of 2100 South—
900 West to Redwood Road, Job No. 102091.
FUNDING: The funding for the local match ($37,980,which is 6.33%) has been approved by
the City Council in the 2000/2001 Capital Improvements Program budget process. The cost
center is 83-01040-2700. The IFAS number is 83100184. The activity code is 683.
BACKGROUND and DISCUSSION: The Utah State Transportation Commission has
approved $5,995,924 in Federal Highway Administration surface Transportation Program funds
for construction of this project. This agreement puts federal funding in place to cover the cost of
final design of the roadway improvements.
CONTACT PERSON: Rick Johnston 535-6232
SUBMITTED BY: Rick Graham 535-7774 ay
451 SOUTHC�, STATE STREET, ROOM 148, SALT LAKE CITY, UTAH B41 1 1
., t t 11 �`' �� ulii, sj ,l� '„ I, ,��-fiELEPHONE: BO1-535-77 75 FAX 801-535-7789
Lka:l o PAP
Salt Lake City Corporation
CAMP DOCUMENT ROUTING FORM
CITY SIGNATURE AND ACTIVATION PROCESS
October 10,2002
Contract Number: 03-3-03-6873 Project: 102091
Contractor: 03087 UTAH STATE DEPT OF TRANSPORTATION U D O T
Contract Title: 102091:2100 SOUTH:900 WEST TO REDWOOD RD
Monitor: JOEL HARRISON
Please complete your Step and forward to the next Step.
STEP 1 ACCOUNTING DIVISION-Encumber Funds
I certify that funds are available. ,,r-fikcit,
OR Accounting Signature Date
I certify that no encumbrance is required at this time and any future encumbrance will be checked
against available budget by the accounting system.
Accounting Signature Date
Funding
Source: , - 0\01-C - a-100
Dept Cost Center Object Code $ 31-)9
85(COSA -t 83
Attach additional paperwork if more funding sources are needed. Limit$
STEP 2 CITYATTORNEY'S OFFICE-Final Approval
f (] � j J F 0 Sa n Insurance Required: N
EPL' 1\. FE, :)0 -L I 1212 �, 1��1� � ii Bond Required: N
OCT 21_22[09 2 i � LJ Y3 r'€' 'Gv L� ' 1�i' f' ' Pmt Bond Required: N
is document has been approved as to form. —/ ��y�;U ^_ f�' ` �
Attorney's Signature Date
''aft Lake' CilyAktiltrAmisjcontract is Interlocal! Send to: Robyn Stanczyk,Management Services
STEP 3 MAYOR'S OFFICE-Sign Document
INSTRUCTIONS:
Sign ALL documents.Authorized Signer: P.055 • (,eot.k„)4 `rj
v `(4?-1 �� �Ur
Name Dept/Div
Forward ALL Signed documents to the Recorder's Office
STEP 4 RECORDER'S OFFICE-Activate
INSTRUCTIONS:
11°
When activated,keep 1 signed document,send other signed document(s)to:
Name Department or Division Phone
RESOLUTION NO. OF 2002
AUTHORIZING THE APPROVAL OF AN
INTERLOCAL COOPERATION AGREEMENT
BETWEEN SALT LAKE CITY CORPORATION AND
UTAH DEPARTMENT OF TRANSPORTATION
WHEREAS, Title 11, Chapter 13, Utah Code Ann., 1953, allows public entities to enter
into cooperative agreements to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. It does hereby approve the execution and delivery of the following:
A COOPERATIVE AGREEMENT BETWEEN THE UTAH DEPARTMENT
OF TRANSPORTATION AND SALT LAKE CITY CORPORATION
REGARDING DESIGN ENGINEERING REIMBURSEMENT FOR A
PROJECT ON 2100 SOUTH, 900 WEST TO REDWOOD ROAD.
2. Ross C. "Rocky" Anderson, Mayor of Salt Lake City, Utah, or his designee, is
hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to
such minor changes which do not materially affect the rights and obligations of the City
thereunder and as shall be approved by the Mayor, his execution thereof to constitute conclusive
evidence of such approval.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2002.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CHIEF DEPUTY CITY RECORDER
APPROVED AS TO FORM:
ASSIST SALT LAKL1CITY ATTORNEY
RESOLUTI\Interlocal UDOT 2100 So 10-I6-02.doc
2
Project #:STP-0201(5)17
Project Name:2100 South; 900 West to Redwood
Authority Number:50482
COOPERATIVE AGREEMENT
DESIGN ENGINEERING REIMBURSEMENT
Program
(FEDERAL PARTICIPATION)
THIS AGREEMENT, No. , made and entered into this day of ,20 ,by
and between the Utah Department of Transportation hereinafter referred to as"UDOT",and SALT LAKE CITY CORP,
State of Utah,acting through its Mayor,hereinafter referred to as "LOCAL AUTHORITY" witnesseth that:
WHEREAS,the parties to this agreement desire to provide for the design of the project, 2100 SOUTH; 900
WEST TO REDWOOD ROAD, financed in part from Federal-aid highway funds,said project located at and identified
as project number; and
WHEREAS, the LOCAL AUTHORITY, through their consultant selection process, has selected Lochner,
hereinafter referred to as"CONSULTANT", as their Consultant Design Engineer to perform design engineering;and
WHEREAS,UDOT's Policy for Design Engineering on Local Government Projects provides that UDOT not
perform design engineering for local government projects,unless a hardship exists and substantial savings can be realized
by using UDOT design engineering,and UDOT design resources are available; and
WHEREAS,by law,UDOT may not expend State funds on any local government project
NOW,THEREFORE,it is agreed by and between the parties hereto as follows:
1. Description of Work Involved:
UDOT Shall:
a. Provide a Project Manager for the project.
b. Provide, upon written request, concept meeting, scoping meeting, environmental review,
design study report review,right-of-way acquisition approval,utility agreements,
P.S.&E.review,right-of-way certification,and final review.
c. Package the project for advertising and award the construction contract.
d. Provide Technical Assistance and Engineering Services to the CONSULTANT only if such
Technical Assistance and Engineering Services are requested in writing from the
CONSULTANT and are not available from other private consultants.
e. Charge appropriate costs for Technical Assistance and Engineering Services to the
CONSULTANT.
f. Charge appropriate costs for Design Reviews and Project Management to the project.
2. Liability: LOCAL AUTHORITY agrees to hold harmless and indemnify UDOT,its officers,employees and
agents(Indemnities)from and against all claims,suits and costs,including attorneys'fees for injury or damage
of any kind,arising out of the LOCAL AUTHORITY'S negligent acts,errors or omissions in the performance
of this project,and from and against all claims,suits and costs,including attorneys'fees for injury or damage of
any kind, arising out of Indenmities' failure to inspect, discover, correct, or otherwise address any defect,
dangerous condition or other condition created by or resulting from LOCAL AUTHORITY's negligent acts,
errors or omissions in the performance of this project.
Any periodic plan and specification review or construction inspection performed by UDOT arising out of the
performance of the project does not relieve the LOCAL AUTHORITY of its duty in the performance of this
project or to ensure compliance with acceptable standards.
1
Project #:STP-0201(5)17
Project Name:2100 South; 900 West to Redwood
Authority Number:50482
3. Financing of Project: The costs shown below are only estimates for preconstruction phase of project.
Actual costs exceeding any funds outside the Commission approved STIP amount will be payed by the local
authority. The funding percentages match applies to the Commission approved STIP amount only. Any
requests for additional federal funding above the approved amount will require the local authority to
make an official request to their 1VIPO or Joint Highway Committee and the Transportation Commission
for extra matching funds. This may require an amendment to the STIP with advertisement to the public if
approved by the Transportation Commission.
FEDERAL FEDERAL NON-
PARTICIPATING PARTICIPATING
UDOT Technical Assistance and Engr. As requested
Services (Charged to CONSULTANT)
UDOT Design Reviews,Approvals, $14,500.00 $
Agreements,and Project Management
Consultant Design Engineering $570,000.00 $
Salt Lake City Design Administrative Costs $15,500.00 $
ESTIMATED TOTAL PARTICIPATING AND
NON-PARTICIPATING COSTS $600,000.00
$0.00
GRAND TOTAL (Participating+Non-
participating) $600,000.00
Federal Funds $600,000.00 93.67% $562,020.00
Local Match 6.33% $37,980.00
Local Authority Non-participating Costs $0.00
Total Local Authority Match and Non-
participating Costs $37,980.00
NOTE: The Utah State Transportation Commission has approved $5,995,924 in total funds for this
2
•
Project #:STP-0201(5)17
Project Name:2100 South; 900 West to Redwood
Authority Number:50482
project. Any additional participating project costs above this amount shall be paid by the Local
Authority.
a. Payment of LOCAL AUTHORITY Matching Share: Upon signing this agreement,the LOCAL
AUTHORITY will pay their matching share for phase I estimated at i$37 980 00). The LOCAL
AUTHORITY shall make a check payable to the Utah Department of Transportation referencing the
project number,. Payment should be mailed to UDOT Comptroller's Office 4501 South 2700 West,
Salt Lake City,Utah 84119-5998.
b. UDOT Technical Assistance and Services: The CONSULTANT shall pay all costs(both direct and
indirect)for any Technical Assistance and Services performed by UDOT relative to this project.
c. UDOT Design Reviews, Approvals, Agreements, and Project Management: The LOCAL
AUTHORITY shall pay all costs (both direct and indirect) for Design Reviews, Approvals,
Agreements, and Project Management performed by UDOT less the eligible amount reimbursed to
UDOT by the Federal Government.
d. Consultant Design Engineering: The LOCAL AUTHORITY shall submit four copies of billings
for Consultant Design Engineering with attached supporting data for costs incurred to the UDOT
Project Manager. The LOCAL AUTHORITY and UDOT Project Manager shall certify and approve
the billings. UDOT shall pay the CONSULTANT for the LOCAL AUTHORITY by a separate
Engineering Services Contract for work covered by the billing.
e. Design Administrative Costs: The LOCAL AUTHORITY shall submit billings for design
administrative costs it has incurred in four copies, properly certified, to the Project Manager. This
billing shall be submitted within two weeks of the award of the Construction Contract. Payment shall
be made to the LOCAL AUTHORITY for work covered by the billing. Further adjustments for total
project costs and the LOCAL AUTHORITY's participation therein shall be made at the final invoice
stage.
f. Underruns: The UDOT Comptroller shall provide the LOCAL AUTHORITY with a final invoice,
showing all costs,after final inspection and acceptance of the project by the FHWA. If the deposited
amount stated above exceeds the LOCAL AUTHORITY's share of the design of the project,UDOT
may return the amount of overpayment to the LOCAL AUTHORITY or apply the balance toward
construction phase.
g. Overruns: If project costs exceed the estimated amount, the LOCAL AUTHORITY shall pay its
matching share for the overruns prior to the project being advertised. UDOT may delay advertising
the project until after the payment is made. Should the LOCAL AUTHORITY fail to reimburse
UDOT for costs that exceed the federal reimbursement, federal funding for other LOCAL
AUTHORITY projects or B&C road funds may be withheld until payment is made.
UDOT shall furnish a quarterly statement to the LOCAL AUTHORITY and UDOT project manager
showing costs charged to the project.
h. Termination: If this agreement is terminated for reasons other than satisfactory completion of the
provisions of this agreement, UDOT may bill the LOCAL AUTHORITY for all costs incurred,
providing prepaid amounts do not cover expenditures. The LOCAL AUTHORITY shall pay such
costs within 30 days after receiving the billing. Federal funds for future projects maybe withheld until
payment is made.
4. Plan Review: Final plans,specifications and estimates shall be approved by the LOCAL AUTHORITY and
reviewed by the UDOT acting for the Federal Highway Administration prior to advertising for bids for
construction.
5. Certification of Consultant Selection Process: The LOCAL AUTHORITY certifies that the
consultant selection process used for obtaining the Consultant Design Engineer for this project is in
3
Project#:STP-0201(5)17
Project Name:2100 South; 900 West to Redwood
Authority Number:50482
conformance with UDOT and FHWA requirements. Failure to conform to these requirements may result in loss
of Federal funds for the project.
6. Termination: This agreement may be terminated as follows:
a. By mutual agreement of the parties, in writing
b. By either UDOT or the LOCAL AUTHORITY for failure of any of the parties to fulfill their
obligations as set forth in the provisions of this agreement. Reasonable allowances will be made for
circumstances beyond the control of the parties. Written notice of intent to terminate is required and
shall specify the reasons for termination.
c. By UDOT for the convenience of the State upon written notice to the LOCAL AUTHORITY.
d. Upon satisfactory completion of the provisions of this agreement.
e. By UDOT,in the event that construction of the project for which this design engineering is undertaken
is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is
executed.
7. Inter-local Co-operation Act Requirements:
a. This agreement shall be authorized by resolution of the governing body of each party to Section
11-13-216 of the Inter-local Co-operation Act,Utah Code Title 11,Chapter 13,as amended(the
"Act");
b. A duly executed original counterpart of this agreement shall be filed with keeper of records of
each party,pursuant to Section 11-13-209 of the Act;
c. Except as otherwise specifically provided herein,each party shall be responsible for its own costs
of any action done pursuant to this agreement, and for any financing of such costs; and
d. No separate legal entity is created by the term of this agreement. To the extent that this agreement
requires administration other than as set forth herein, it shall be administered by the mayor of the
LOCAL AUTHORITY and the Region Director of UDOT,acting as a joint board. No real or
personal property shall be acquired jointly by the parties as a result of this agreement. To the
extent that a party acquires,holds,or disposes of any real or personal property for use in the joint
or cooperative undertaking contemplated by this agreement,such party shall do so in the same
manner that it deals with other property of such party.
8. Representation Regarding Ethical Standards for Local Authority Officers and
Employees and Former Local Authority Officers and Employees:
UDOT represents that it has not: (1) provided an illegal gift or payoff to a LOCAL
AUTHORITY officer or employee of former LOCAL AUTHORITY officer or
employee, or his or her relative or business entity; (2) retained any person to solicit
or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, other than bona fide employees or bona
fide commercial selling agencies for the purpose of securing business; (3) knowingly
breached any of the ethical standards set forth in the LOCAL AUTHORITY's
conflict of interest ordinance; or (4) knowingly influenced, and hereby promises that
it will not knowingly influence, a LOCAL AUTHORITY officer or employee of
4
Project #:STP-0201(5)17
Project Name:2100 South; 900 West to Redwood
Authority Number:50482
former LOCAL AUTHORITY officer or employee to breach any of the ethical
standards set forth in the LOCAL AUTHORITY's conflict of interest ordinance.
IN WITNESS THEREOF,the parties hereto have caused these presents to be executed by their duly authorized
officers as of the day,month,and year first above written.
AUTHORIZED LOCAL AUTHORITY OFFICIAL:
By:
Title: Date:
Printed Name: Attest:
Deputy City Recorders jS� �y�
,/„f„ee Li> o 44.(0'..1
Lake City Attorney's Offipe
UTAH DEPARTMENT OF TRANSPORTATION REGION OFFICE Date a - Z z''
By 79
By:
Title: Region Director Date:
UTAH DEPARTMENT OF TRANSPORTATION
Project Management Administration signature required when the standard boilerplate agreement has been modified.
❑ Check box if Project Management Administration signature is required.
By:
Title: Director of Engineering Services Date:
By:
Title: Contract Administrator Date:
This form agreement has been reviewed and approved by the designated representative of the Attorney General.
5
Tuesday,November 12,2002 S1�� i 11 f a r't CITY CORiI Q 4
City Council Agenda "` ` '4`�`
OFFICE OF THE CITY COUNCIL
Item A-5
The Council will receive a briefing regarding
the prohibition of re-selling tickets on the
same block face of any stadium, theatre or
place of amusement.
Paperwork for this item was previously provided in
the packets for November 7th. Please contact the
Council Office ifyou would like another copy.
451 SOUTH STATE STREET, ROOM 304, SALT LAKE CITY, UTAH B41 1 1
TELEPHONE: B01-535-7600, FAX: BO1-535-7651
A�,.«ro woEa
MEMORANDUM
DATE: November 5, 2002
TO: City Council Members
FROM: Russell Weeks
RE: Proposed Ordinance to Restrict Re-Sale Ticket Sellers near Box Offices
CC: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Rick Graham, Steven
Allred,Alison Weyher,David Dobbins,Greg Hawkins, Stephen Oliver,Gary
Mumford
This memorandum addresses issues involved in a proposed ordinance to restrict
representatives of businesses that resell tickets to a variety of events from reselling the tickets on
public sidewalks near ticket box-offices.
POTENTIAL MOTIONS
No motions have been suggested because the item is on a work session agenda.
POTENTIAL OPTIONS
Advance the proposed ordinance for formal consideration.
Do not advance the proposed ordinance for formal consideration.
Suggest amendments to the proposed ordinance.
ISSUES/POTENTIAL QUESTIONS FOR CONSIDERATION
Has the proposed ordinance been reviewed by the Business Advisory Board?
Should theaters,concert halls,and movie theaters be included in the proposed ordinance?
BACKGROUND/DISCUSSION
The Administration proposed the ordinance earlier this year. It is City Council staffs
understanding that the proposed ordinance stems from concerns by the Salt Lake Stingers Triple-
A baseball club raised with the Administration.According to the Administration's transmittal
letter,"Current City Code does not go far enough in regulating the resale or scalping of event
tickets."
The letter goes on to say that the reason for the proposed ordinance would be"to support
those businesses that provide entertainment services to the public by restricting the re-sale of
tickets on public streets or sidewalk areas within 300 feet of the nearest box-office window or
ticket distribution point."
1
The proposed ordinance would create a new section— 14.20.120—of Chapter 14.20 titled
Sidewalk Use Restrictions. The proposed ordinance would make it an infraction to"sell,offer to
sell,exhibit for sale or solicit any person to purchase tickets for any amusement produced or
presented in a theater,stadium or place of amusement when said person is located on the public
street or sidewalk area and within 300 feet from the nearest box office window or ticket
distribution point of said facility."
The proposed ordinance defines"theater or place of amusement"as businesses the City
licenses under Section 5.74.010. Section 5.74.010 requires operators of theaters,motion picture
houses or concert halls to obtain a City license.
It probably should be noted that the proposed ordinance's title reads,An Ordinance
Enacting A New Section Of The Salt Lake City Code To Provide That Ticket Resellers Not Be
Allowed On The Same Block Face As Any Stadium, Theater Or Place Of Amusement. The new
section's title reads,Selling Tickets Near a Stadium or Playing Field.
It may be a small point,but the titles appear to pose contradictions with the text of the
proposed ordinance.For instance,it is possible to be 300-feet away from an object on a Salt Lake
City sidewalk and still be on the same block face. The new section's title also appears to focus on
stadiums or playing fields and not theaters or places of amusement. City Council Members might
wish to seek clarification on whether the proposed ordinance should address only stadiums or
playing fields.
As mentioned earlier in this memorandum,the proposed ordinance appears to stem from
concerns raised by the Salt Lake Stingers baseball club.According to the club's Vice President of
Operations Dorcena Picknell,three groups of people offering re-sale tickets to the Stingers' 72
home games during the season consistently have approached people standing in line while the
people are waiting to buy tickets at the box-office.
Ms.Picknell said the presence of the groups was disruptive and cost the Stingers
organization revenue. The reasons the Stingers lost revenue,Ms.Picknell said was that the tickets
offered for re-sale often were sold at less than the face value of the ticket.The re-sellers also
appeared to have obtained tickets to games that the Stingers had given away or sold at less than
face value as promotions,Ms.Picknell said.
She said the Stingers would like to have the ticket re-sellers located away from the box-
office and marquee area.
Three things might be noted:
• According to the Administration,the Stingers lease certain areas of Franklin Covey Field
for baseball related events and activities.However,the Stingers do not lease the plaza
area outside the stadium gates. That area belongs to the City.
• Last summer a ticket broker who sometimes re-sells tickets to Stingers games told City
Council staff that someone had drawn a circle around the box-office area, and security
personnel were trying to"intimidate"and"run brokers off the property."
2
• The City Code does not prohibit the re-sale of tickets. Section 5.64.120 requires a variety
of solicitors and sellers, including ticket sellers to register with the Chief of Police and
pay up to$25 for an identification card.
Council staff contacted other groups and organizations that also operate businesses
similar to the Stingers.
According to Delta Center General Manager Scott Williams,the Delta Center continues
to have problems with people who re-sell tickets.However,the bulk of the problems involved re-
sellers posting themselves on street corners across from the Delta Center and impeding
pedestrians on their way to events. Mr.Williams said the Delta Center would be in favor of
"anything that would help"but observed that a 300-foot restriction might not be far enough.
Leslie Reberg,who directs the operations of Salt Lake County's arts and entertainment
facilities said those facilities have not encountered problems with people who re-sell tickets.Ms.
Reberg said the facilities have a policy of not refunding money purchased to buy tickets, so ticket
re-sale businesses help people who buy tickets but can't use them.
West Valley City Assistant City Manager Wayne Pyle said West Valley City prohibits
the re-sale of tickets in the area around the E-Center,but allows the practice across the street from
the E-Center's entrance.
Sandy City officials said that city has no restrictions on the re-sale of tickets to events
there.
University of Utah Ticket Manager Dave Copier said university rules prohibit the re-sale
of tickets"to any and all events held in all areas of the campus."However,the prohibition is only
followed"in theory,"Mr. Copier said,because it is hard to get people to enforce it.
According to the Administration,the proposed ordinance is based on an ordinance in
Chicago. The Chicago ordinance reads: "It shall be unlawful for any person,while located on the
public way within 2,000 feet of a stadium or playing field,to sell,offer,or expose for sale,or
solicit any other person to purchase tickets for any amusement produced or presented in that
stadium or playing field."
A brief survey by City Council staff found that Portland, Oregon,prohibits the sale of
"any merchandise or services in or upon any sidewalk, street, ... public right of way ... within
250 feet of "grounds or stadium while athletic games are being played."
Denver appears to prohibit the re-sale of tickets by an ordinance requiring that tickets to
athletic and other events be sold at face value. Staff could find no ordinance prohibiting or
restricting the re-sale of tickets in Anaheim and Oakland,California.
3
RICHARD GRAHAM `, , ^�a vl THY GORPO:
�� '"� " "� '�'��+���' ROSS C. "ROCKY" ANDERSON
PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR
COUNCIL TRANSMITTAL
April 23, 2002
TO: Rocky Fluhart
Chief Administration Officer
FROM: Rick Graham, Director
Department of Public Services
SUBJECT: City Ordinance to prohibit the re-sale of tickets on the same block face of
any stadium, theater or place of amusement.
STAFF CONTACT: Rick Graham, Public Services Department 535-7774
Greg Hawkins,Attorney's Office 535-7788
DOCUMENT TYPE: Ordinance
BUDGET IMPACT: None
DISCUSSION: Current City Code does not go far enough in regulating the resale
or scalping of event tickets. Consequently, sports venues,theater and other places of
amusement have struggled with the challenge of restricting the efforts of ticket scalpers
who re-sale tickets on public property directly in front of their box offices. This new
ordinance has been created to support those businesses in the City that provide
entertainment services to the public by restricting the re-sale of ticket on the public streets
or sidewalk area within 300 feet of the nearest box office window or ticket distribution
point.
RECOMMENDATION: That the City Council support and approve the creation of this
ordinance.
451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH 841 1 1
TELEPHONE: 801-535-7775 FAX: 801-535-7789
SALT LAKE CITY ORDINANCE
No. of 2002(Enacting New Sections 14.20.120 and 11.20.130
of the Salt Lake City Code)
AN ORDNANCE ENACTING NEW SECTIONS 14.20.120 AND 11.20.130 OF
THE SALT LAKE CITY CODE TO PROVIDE THAT TICKET RESELLERS NOT BE
ALLOWED ON THE SAME BLOCK FACE AS ANY STADIUM, THEATRE OR
PLACE OF AMUSEMENT.
Be it ordained by the City Council of Salt Lake City, Utah, as follows:
SECTION 1. New Sections 14.20.120 and 1H1.20.130 of the Salt Lake City Code
is hereby enacted to read as follows:
14.20.120 Selling Tickets Near a Stadium or Playing Field.
(a) It shall be unlawful for any person to sell, offer to sell, exhibit for sale or
solicit any person to purchase tickets for any amusement produced or presented in a
theater, stadium or place of amusement when said person is located on the public street or
sidewalk area and within 300 feet from the nearest box office window or ticket
distribution point of said facility.
(b) For purposes of this section, the following definitions shall apply:
1. "Box office" shall mean the place where the individual may
purchase tickets or obtain delivery of tickets ordered or purchased.
2. "Public street" shall have the same meaning as 12.04.490 Salt Lake
City Code or its successor ordinance.
3. "Sidewalk area" shall have the same meaning as 12.04.450 Salt
Lake City Code or its successor ordinance.
4. "Stadium" shall mean a public, or privately owned facility where
sporting events or other production or entertainment are held or
staged and which facility contains more than 5,000 seats.
5. "Theater or place of amusement" shall mean those businesses
licensed pursuant to Section 5.74.010 et seq. Salt Lake City Code
or its successor ordinance.
(c) Violation of this section shall be punished as an infraction.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2002.
CHAIRPERSON
ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved Vetoed
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. of 2002
Published:
G:\Ordinance 02\Ticket Sales(Draft).doc
1
i
Page 1
National League of Cities Fundraising Report
October 16, 2002
Cash Only
American Express Centurion Bank $ 2,500
Comcast $ io,000
Deseret Management $ 50,000
Fannie Mae $ 50,000
GreenSpace $ 25,000
HNTB $ 50,000
Intermountain Health Care $ 5,000
JP Realty $ 2,500
Metropolitan Water $ 5,000
Morgan Stanley $ 5,000
Nationwide Amount Pending
PacifiCorp. $ 15,000
Questar $ 2,500
Utah League of Cities $ 5,000
Wasatch Properties $ 10,000
Wells Fargo Bank $ 2,500
Zions Bank $ 15,000
Total $ 255,000
Page 2
Gifts In-Kind
Alphagraphics - $ 5,000 — support staff
AT&T Broadband- $15,00o PSA Opportunity
Colonial Flags - $ 3,500 5o state flags
Commercial Contract Group - $ 2,500 office furniture
Cornerstone Technologies - Amount Pending - Audio Visual services
Delta Air Lines - $10,000 4 first-class airline tickets, 6 economy class
Deseret News - $ 8,75o in-kind 35o Olympic coffee table books
Franklin-Covey- $75,00o Stephen R. Covey — speaker
Henriksen/Butler - Amount Pending - office furniture
Hewlett-Packard* - $35,00o computers/printers (SLC keeps this equipment)
KSL Television - $20,00o welcome video
Microsoft - $12,00o software
OGIO bags - In-kind ($5o,000) (I am not counting this as cash)
Qwest - $3,500 15 cellular phones and services
Sinclair Oil - Amount pending
SMG Corporation - $40,000 labor at Salt Palace
Salt Lake County- $125,00o rental of chairs/tables, etc.
Tabernacle Choir - $4,500 300 CD's for Board of Directors Dinner
Xerox - $io,000 copiers/paper/tech support
Gift Bag Sponsors
Barnes &Noble - bookmarks
Carbon County CVB - dinosaur footprints, etc.
Crossroads Mall - coupon book
Deer Valley Resort - pins
Gateway Mall - coupon book
HNTB - notepads
Nordstrom - perfumes
NuSkin - gift basket
Salt Lake CVB - Visitor Guides
Salt Lake City — Walking map
Salt Lake City — Dept. of Airports - Chums
Skybox Sportsbar - $5 coupon for each bag
Utah Hotel/Lodging Association - key chains, stress balls
ZCMI Mall - coupon book
Page 3
Here are the NO's
Alliant Food Service
American Express
Azteca Systems
Barnes Bank
BFI
Blue Cross/Blue Shield
Bud Bailey Construction
Camco Construction
Chapman Cutler
Chuck-A-Rama
Coca Cola (Swire)
Daine Rauscher
Deloitte Touche
Ernst &Young
George K. Baum Company
Grant Thornton Accounting
Kennecott
Key Bank
Log Haven Restaurant
Nationwide Insurance
Novell
O.C. Tanner
Price Waterhouse Cooper
Slaymaker Group
Staker Paving
Stoel Rieves
Sysco Intermountain
Tingey Construction
Training Table Restaurant
United Concerts
Page 4
Here are the PENDING:
ADI Security Service, Inc.
Advanta Financial Corporation
Aetna Investment Services
A G Body Inc.
Allient Tech
Allied Waste Management
American Civil Constructors, Inc.
American Express Centurion Bank
American Linen
Amoco Oil
Asplundh Tree Expert Company
Avtec Corporation
Ballard Spahr
Bank One
Bell Canyon Construction Co.
Bird Construction USA
Boyer Company
Brighton Bank
Brown & Caldwell
Cal Wadsworth Construction
Calhoun Maintenance Co.
CBI Security Services
CDI Corporation West
Chapman Cutler
Christopher's Seafood & Steak Restaurant
Condie Construction Co., Inc.
Contemporary Services Corp.
Cottonwood Builders Inc.
Day & Zimmermann
Dee's Family Restaurants
Discover Financial Services
DMJM Aviation
England Trucking
Environmental Quality Company
Federal Reserve Bank
FFKR Architects
First American Title Insurance Co.
•
Page 5
Gastronomy, Inc.
G E Capital Public Finance Inc.
General Distributing
Goldman Sachs
Grand America Hotel
Granite Construction Company of UT
Great West Life Insurance
Harmon Management Corporation
Harper Excavation Inc.
HDR Engineering
Hidden Peak Electric Co., Inc.
High Line Electrical Constructors
Hills Construction, Inc.
Hires Big H / Litza's Pizza
Earl Holding
Hospitality Association
Hunter Management Company
Huntsman Chem. And/or Huntsman Cancer Institute
IBS of Utah
Imsery North America LLC
Interior Construction Specialists
Jacobsen Construction
Jet Blue
J.P. Morgan Chase
Jordan Commons
KCJS L.C. Frontier Pies / Iceberg
Ken Garff
Kirk Patching & Paving
KPMG LLP
Lake City International Trucks, Inc.
Larry Miller Group
Layton Construction Company
Lehman Brothers
Lewis, Young, Robertson & Burningham, Inc.
Lyndon Jones Construction
Marsh Inc.
JD McNeil Construction Co.
Meier and Frank
Merrill Lynch Bank of Utah
MHTN Architects
•
•
Page 6
Fred A. Moreton Company
Monroc, Inc.
Neighborhood Housing Services
Nelson Brothers Construction
Nicholas & Company
Noland & Son Construction Co.
Okland Construction
PEHP
Pierce MFG Inc.
Prowswood Companies
Ray, Quinney and Nebeker
Salt Lake Community Development Corp.
Salt Lake Valley Solid Waste
Scottsdale Insurance Company
SOS Staffing
Sullivan & Curtis Insurance Brokers
Sunrise Engineering
Tesoro
Toter Inc.
Tri Cor Associates
UMCKEN — JL McKenzie Inc.
Union Pacific Railroad
Utah State Dept. of Transportation UDOT
Utah State Retirement Board
U.S. Bank
Wadsworth Brothers Construction
Wasatch Construction Services
Washington Mutual
Waste Management
Wendy's International
Western Quality Concrete Inc.
Wheeler Machinery
Williams Companies
Wolper Landscaping
Workman Construction Co.
Valente, Florestana
Young Chevrolet Company
Yesco
National League of Cities Convention Budget
November 12, 2002
Amt for Amt for Adjusted
FY 01-02 FY o2-03 Amount
Expenses
Personal Services
Clerical Support $10,000 $10,000
Total $io,000
Operating&Main.Supply
Signage and Duplication $20,000 $20,000
Registration Bags $58,000 $58,000 ($5,500)
Total $78,000
Charges and Services
Salt Palace Rental $80,000 $80,000
Audio Visual Services and Equipment $90,000 $90,000
Transportation $ 100 000 $100 000
($22,500)
Event Advance Promotions/Conference Attendance) 7,150 $7,150
Host City Workshops during Conference $15,000 $15,000
Volunteers $20,500 $2,500 $18,000
Host City Luncheon Reception $65,000 $65,000 ($500)
Host City Hospitality Suite&Tours $15,00o $15,000
Host City Dinner for NLC Board of Directors $25,000 $25,000
Host City Closing Event $200,000 $200,000
Conference Planning Committee Dinner $ 3,500 $3,500 ($ 1,5Oo)
Fundraiser(Ed Sweeney) $26,700 $26,700
($60,800)
Conference Planner/Fundraiser (Talitha Day) $7m.000 $75,000 $75,000
Total 722,850
Capital Expenditures
Office Equipment and Labor $33,500 $33,500
Furniture/Decorations $45,000 $45,000
Total $78,500
Total Expenses for Conference $889,350 (Was $ 9o545o)
Revenue
Hotel Rebate $ 78,000
National League $ 68,000
Sponsors-to-date $255,000
Salt Palace Rental $ 8o,000
Funds needed to be raised $408,S50
Total Revenue for Conference $889,350