059 of 2009 - Creating the Parks, Trails & Urban Forestry Advisory Board 0 09-1
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SALT LAKE CITY ORDINANCE
No. 59, of 2009
(Enacting Chapter 2.94 of the City Code creating the Parks, Trails, and
Urban Forestry Advisory Board, and amending Chapter 2.26 of the
City Code which contains the Urban Forestry Ordinance)
WHEREAS, recent development proposals City owned parks have created
concerns regarding the manner and process by which development can and should occur
within City parks; and
WHEREAS, after having investigated this matter in community meetings and
among City staff, it has been determined that the assistance of an advisory board for
parks, trails and urban forestry would be useful to the City in evaluating proposals
affecting such issues; and
WHEREAS, this ordinance would create such and advisory board; and
WHEREAS, the City Council has determined that this ordinance is in the best
interest of the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City Utah:
SECTION 1. Amending text of Salt Lake City Code heading Chapter 2.26. The
heading to Chapter 2.26 of the Salt Lake City code shall be and hereby is amended to read
as follows:
Chapter 2.26 Urban Forestry Ordinance
SECTION 2. Amending text of Salt Lake City Code Sections 2.26030—2.26.150.
Sections 2.26.030 through Section 2.26.150 of the City Code shall be and hereby are
deleted in their entirety.
SECTION 3. Chapter 2.94 of the City Code entitled "Parks, Trails and Urban
Forestry Advisory Board," shall be and hereby is enacted to read as follows:
Chapter 2.94 Parks, Trails and Urban Forestry Advisory Board
Section 2.94.010. Purpose:
The purposes of Parks, Trails and Urban Forestry Advisory Board shall be as
follows:
A. Provide and oversee strong stewardship of the City's parks, trails and urban
forest.
B. Educate the public and advocate for the City's parks, trails and urban forest
policies.
C. Encourage and facilitate public involvement and input, and the incorporation of
that input into the City's parks, trails and urban forest plans and policies.
Undeveloped natural lands under the jurisdiction of the Open Space Lands Board are not
intended to be part of the Parks, Trails, and Urban Forestry Advisory Board program.
Section 2.94.020. Definitions:
For the purposes of this chapter, the following terms, phrases, words, and their
derivations shall have the meaning given in this section:
A. "Parks"means the areas defined by the Parks Division in a list that is updated
and provided to the Board no less than annually.
B. "Urban Forestry" shall mean all public trees owned and/or managed by Salt
Lake City as of or after the effective date of the ordinance codified in this
chapter or its successor ordinances.
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C. "Trails"means marked or signed paths within City owned easements,
maintained and used primarily for hiking, bicycling, or other non-motorized
modes of transportation.
These definitions shall supplement the definitions set forth in the City's Open Space
Lands program and in the City's zoning ordinance.
Section 2.94.030. Creation of Board:
A. There is created the City Parks, Trails and Urban Forestry Advisory Board
(Board). The Board shall be comprised of nine to eleven voting members. The
members shall be appointed by the Mayor with the advice and consent of the
City Council. Each member shall serve for a term of three years and may not
serve more than two consecutive terms. The terms of the initial members shall
be staggered for such periods from one to three years so as to provide that the
terms of one third of the Board membership expire each year. One member of
the Board shall be appointed from each City Council district. The remaining
members of the Board shall be appointed as at large members. No more than
three members may live outside of the Salt Lake City boundaries.
B. Nominations to the Board should reflect diverse community interests by seeking
to find members with geographic, professional, cultural and
neighborhood/community diversity. Membership of the Board shall include an
arborist, a landscape design specialist and a wildlife ecologist. It is also
recommended that some people with architectural, financial, planning, historic
preservation and legal backgrounds be appointed. The Mayor is also
encouraged to seek out individuals with interest or expertise in the following
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areas: bicycling, tennis, running, basketball, dogs, art, stewardship of the
environment and other similar areas of interest. Parents of young children
should also be considered.
C. The Board shall also include the following ex-officio non voting members:
i. The chair of the City Open Space Lands Advisory Board, or his/her
designee;
ii. The Chair of the City's Transportation Advisory Board, or his/her
designee;
iii. The Chair of the Community Development and Capital;
Improvements Board or his/her designee; and
iv. The Chair of the Historic Landmark Commission or his or her
designee; and
v. The Mayor or the Mayor's designees.
D. Members shall receive no compensation for serving on the Board but may be
reimbursed for costs reasonably incurred.
E. The Board will be located and staffed in the department of Public Services and
will have access to and assistance from the Parks Director, or his/her designee;
the Urban Forester, or his/her designee; the Director of Transportation, or
his/her designee; the Trails Coordinator, or his/her designee; the City Open
Space Coordinator, or his/her designee; other City departments and/or divisions;
and the City Attorney's Office as needed.
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Section 2.94.040. Vacancies:
Vacancies occurring in the membership of the Board shall be filled in a manner
preserving the designated representation by Mayoral appointment, with advice and
consent of the City Council, for the unexpired term.
Section 2.94.050. Removal from Office:
Any Board member may be removed from office by the Mayor for cause, prior to
the normal expiration for which this member was appointed. Any member failing to
attend three Board meetings in one calendar year shall be subject to forfeiture
membership on the Board.
Section 2.94.060. Board Members Ethics:
Members shall be subject to and bound by the provision of Chapter 2.44,
"Conflict of Interest," of this title or its successor. Any violations of the provisions of
said chapter, or its successor, shall be grounds for removal from office. Members shall
recuse themselves from participating on any decision to which they are a party or which
vote may constitute a violation of the City's conflict of interest ordinance.
Section 2.94.070. Meetings of the Board:
A. The Board shall meet on an as needed basis, but at least twice per quarter not
less than monthly. All meetings shall be subject to the Utah Open and Public
Meetings Act, and unless closed pursuant to that act, such meetings shall be
open to the public. Meetings may be convened by the call of the Chair of the
Board, a majority of the Board, or the Mayor.
B. A majority of the voting members of the Board shall constitute a quorum for the
purpose of conducting the business of the Board. The Board may act at any
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meeting at which a quorum is present, by an affirmative vote of a majority of
the voting members present.
C. The Board shall create a written record of its proceedings, except for any
executive sessions, which shall be available for public inspection. The Board
shall record the yea and nay votes of any action by it. The department of Public
Services shall make available a secretary to the Board when required.
D. The Board shall adopt policies and procedures under which its meetings are to
be held. The Board may suspend the rules and procedures by unanimous vote
of the voting members present at the meeting. The Board shall not suspend the
rules of procedure beyond the duration of the meeting at which suspension of
the rules occurred. Any matter not addressed in the Board's policies and
procedures shall be handled pursuant to Robert's Rules of Order.
E. The Chairperson of the Board, in consultation with other Board members, the
department of Public Services, Parks Divisions, Urban Forestry Division, Trails
Division, and other City departments will develop the agenda for each meeting.
Section 2.94.080. Election of Officers:
Each year the Board, at its first regular meeting of each calendar year, shall select
one of its members as Chairperson and another of its members as Vice Chairperson, who
shall perform the duties of the Chairperson during the absence or disability of the
Chairperson. The Chair and Vice Chair shall serve for a one year term. No member shall
serve more than two consecutive terms as Chairperson.
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Section 2.94.090. Powers and Duties:
The Board shall have the following powers and duties:
A. Review and advise the Parks, Transportation and Urban Forestry Divisions with
respect to the annual budget as it relates to the City's parks, trails, and urban
forestry.
B. Review, rank, prioritize, and make recommendations on Capital Improvement
Program funding applications and construction designs pertaining to the Parks,
Transportation, and Urban Forestry Divisions as they relate to the City's parks,
trails, and urban forestry. Recommendations are to be submitted to the
Department of Community& Economic Development and Capital
Improvement Programs Board for their consideration prior to their review of
such project applications.
C. Review any proposed expenditure of$25,000 or more for maintenance or
physical changes within City parks.
D. Review and hold a public hearing regarding master planning of the City's parks,
trails, and urban forestry and the establishment of new parks or trails or the
removal of existing parks or trails and forward a recommendation to the City
Planning Commission, City Council or other Board or Commission, as
appropriate. The Board can also make broad recommendations pertaining to
user groups, types of foliage, access, tree genera and/or species, etc.
E. Review operation policies related to park use, vendors, special events, facilities,
maintenance, landscaping standards, trail standards and protection, renewal and
sustainability of the city's Urban Forestry requirements.
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F. Advise and provide input on broad policy, management, and development
standards related activities, specific goals and direction of the Parks,
Transportation, and Urban Forestry Divisions, as they relate to parks, trails, and
urban forestry related issues.
G. Provide advice and expertise to other boards, such as the Historic Landmarks
Commission, Planning Commission, Open Space Lands Advisory Board and
Transportation Advisory Board, as requested or deemed appropriate.
H. Draft and submit an annual report relating to the Board's activities, including
information on major items and issues occurring in connection with the City's
parks, trails, and urban forestry, to the Mayor and City Council.
Section 2.94.100. Review of Action & Powers of Mayor:
All actions taken by the Board are advisory and shall constitute recommendations
to the Mayor, City Council, Director of Public Services, Parks Director, Transportation
Director, Urban Forester, and other City commissions and boards and shall not constitute
official action. Division Directors, Department Directors, and/or the Mayor shall have
power to review, ratify, modify, reject, or disregard any recommendation submitted by the
Board, and the Mayor may refer the matter to the City Council if appropriate.
SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective on the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 13th day of
October , 2009.
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CHAIRPERSOZZ
ATTEST:
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Transmitted to the Mayor on October 14, 2009 • % 24(1. 4t-S t10'4 *':
Mayor's Action: Approved. Vetoed.
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MAYOR
ATTEST:
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Bill No. 59 of 2009.
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Published: October 27, 2009. •
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