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Transmittal - 11/29/2023 ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: November 29, 2023 Rachel Otto, Chief of Staff Date Sent to Council: November 29, 2023 TO: Salt Lake City Council DATE: November 29, 2023 Darin Mano, Chair FROM: Bill Wyatt, Executive Director, Department of Airports SUBJECT: Airport Board Ordinance Revisions STAFF CONTACTS: Brady Fredrickson, Director of Airport Planning and Capital Programming DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt ordinance BUDGET IMPACT: None BACKGROUND: With the construction of the new Salt Lake City International Airport, the Department of Airports has been reviewing Salt Lake City Code, policy, and procedures for consistency with the new facilities and operational practices, and to discern if any changes are needed. While reviewing Section 2.14 of the Salt Lake City Code, creating the Airport Board, the Department found the Section does not currently comply with state law. The proposed amendments bring Section 2.14 of the Salt Lake City Code into alignment with state law and better reflect the current function of the Airport Board. Subsection 2.07.020, City Boards and Commissions Named, is included in the changes as well to update the name of the Board. Below is brief summary of the changes. SUMMARY OF CHANGES: Composition of the Airport Advisory Board: • Number of board members changed from 9 to 11, in accordance with state law; • Definition of “qualifying political subdivision” added to clarify which political subdivisions may appoint a member to the Board; • Appointment process for political subdivision representatives added to comply with state law; • Specific qualifications of “at least one member with experience in commercial or industrial construction projects with a budget of at least $10,000,000” and “at least one member with experience in management and oversight of an entity with an operating budget of at least $10,000,000” added in accordance with state law; rachel otto (Nov 29, 2023 16:28 MST) ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 • The number of board members who may reside outside of Salt Lake City, but in the state, reduced to two. Changes to Clarify the Role of the Airport Advisory Board: • Name change to reflect advisory nature of Board; • Powers and duties amended so that policy-making functions are retained by the City Council and board members focus on providing feedback to the Mayor and Executive Director of the Airport. Changes to Subsection 2.07.020, City Boards and Commissions Named: • Name of Airport Boad updated to Airport Advisory Board. • Other cross references to the “Airport Board” exist in Title 16 and Section 2.08 of the Salt Lake City Code. Because both Title 16 and Section 2.08 are currently in the process of being revised, the name of the Board will be updated in those ordinances. EXHIBITS: 1. Airport Board Amendment Ordinance, Final Version 2. Airport Board Amendment Ordinance, Legislative Version 3. Utah Code §72-10-203.5, Advisory boards of airports and extraterritorial airports LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. ______ of 2023 2 3 (An ordinance amending Section 2.14 of the Salt Lake City Code, Airport Board, and Subsection 4 2.07.020, City Boards and Commissions Named.) 5 WHEREAS, Section 2.14 of the Salt Lake City Code, creating the Airport Board, 6 requires amendment to align with state law; and 7 WHEREAS, the Salt Lake City Council has reviewed the amendments and determined 8 that adopting this ordinance is in the City’s best interests. 9 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 10 SECTION 1. Amending the Text of Salt Lake City Code Section 2.14. Section 2.14 of 11 the Salt Lake City Code, regarding the Airport Board, is hereby amended as follows: 12 CHAPTER 2.14 13 AIRPORT ADVISORY BOARD 14 15 2.14.010: General Provisions 16 2.14.020: Definitions 17 2.14.030: Creation Of Board 18 2.14.040: Eligibility For Membership 19 2.14.050: Term; Expiration 20 2.14.060: Powers And Duties 21 22 2.14.010: GENERAL PROVISIONS: The provisions of chapter 2.07 of this title shall apply to 23 the airport advisory board except as otherwise set forth in this chapter. 24 25 2.14.020: DEFINITIONS: 26 In this chapter, the following definitions apply: 27 AIRPORT: The city’s department of airports, and a All property owned or operated by the city 28 through its department of airports, including the Salt Lake City International Airport, South 29 Valley Regional Airport, Tooele Valley Airport, and any other airport owned or operated by the 30 city. 31 BOARD: The city airport advisory board. 32 LEGISLATIVE DRAFT 2 BOARD MEMBER: A person appointed by the mayor, with the advice and consent of the 33 council, who is a duly qualified voting member of the board. 34 CITY: Salt Lake City, a municipal corporation of the state. 35 COUNCIL: The city council of the City. 36 EXECUTIVE DIRECTOR OF AIRPORTS: The city’s executive director of its department of 37 airports. 38 EX OFFICIO MEMBER: A duly qualified and nonvoting member of the board. 39 MAYOR: The duly elected or appointed, and qualified mayor of the city. 40 POLITICAL SUBDIVISION: A county or a municipality in the state. 41 POLITICAL SUBDIVISION REPRESENTATIVE: A voting board member, appointed by a 42 qualifying political subdivision. the mayor, with the advice and consent of the council. A 43 political subdivision representative must, at the time of appointment, be an elected official of a 44 political subdivision which has within its boundaries an airport owned by the city. 45 QUALIFYING POLITICAL SUBDIVISION: A city or town in which an extraterritorial 46 airport owned and operated by the city is located or, if the airport is not located in a city or town, 47 the county in which the extraterritorial airport is located. 48 49 2.14.030: CREATION OF BOARD: 50 There is created the city airport board, hereinafter referred to as “board” 51 A. There is created an airport advisory board. The advisory board shall consist of: 52 1. Nine (9) eleven (11) appointed voting board members, with the following composition 53 and limitations: no more than two (2) three (3) of whom may reside outside the boundaries of 54 Salt Lake City; 55 1. One appointed political subdivision representative from each qualifying political 56 subdivision, each of whom shall be included in the total number of appointed board 57 members. The political subdivision representatives shall be appointed: 58 a. in accordance with an ordinance or policy in place in each qualifying 59 political subdivision for appointing individuals to a board, if any; or 60 b. if no ordinance or policy described in subsection (A)(1)(a) exists, by the 61 chief executive officer of the qualifying political subdivision, with advice 62 and consent from the legislative body of the qualifying political subdivision. 63 2. Not counting the political subdivision representatives, no more than two (2) board 64 members may reside outside the boundaries of Salt Lake City; 65 LEGISLATIVE DRAFT 3 3. At least one board member must have experience in commercial or industrial 66 construction projects with a budget of at least $10,000,000. 67 4. At least one board member must have experience in management and oversight of an 68 entity with an operating budget of at least $10,000.000. 69 5. 2. One appointed political subdivision representative from each qualifying 70 political subdivision; and 71 3.B. Ex officio members: 72 1. The city council member in whose council district the Salt Lake City International 73 Airport is located; and 74 75 2. The mayor, or the mayor’s designee; 76 b. Each council member; 77 c. The director of airports, or the director's designee; 78 d. The city attorney, or the city attorney's designee; and 79 e. The city engineer, or the city engineer's designee. 80 2.14.040: ELIGIBILITY FOR MEMBERSHIP: 81 To be eligible to be appointed as a board member a person must be: 82 A. Not less than twenty one (21) years of age; 83 B. A resident of the state; and 84 C. Not actively engaged or employed in commercial aeronautics. 85 2.14.050: TERM; EXPIRATION: 86 All appointments shall be made for a four (4) year term, consistent with the city’s boards and 87 commissions ordinance, chapter 2.07 of this title. A board member may not serve more than two 88 (2) four-year terms. 89 2.14.060: POWERS AND DUTIES: 90 The board shall have the following powers and duties: 91 A. The power to determine and establish such rules and regulations for the conduct of the 92 board as the board members, and form committees or subcommittees as the board shall deem 93 advisable. Such rules and regulations shall not be in conflict with this chapter or other applicable 94 city, state or federal law; 95 B. The duty to review To adopt and alter all airport rules and regulations before adoption by 96 the mayor, and provide advice to the mayor about those rules and regulations which it shall from 97 time to time deem in the public interest and most likely to advance, enhance, foster and promote 98 LEGISLATIVE DRAFT 4 air transportation at city airports, for the conduct of the business of, and the use and operation of, 99 the airport and the facilities thereof, and for the purpose of carrying out the objects of this 100 chapter; but such rules and regulations shall not be in conflict with the terms of this chapter or 101 any other city ordinance, state or federal law; 102 C. The right to To recommend an individual to be appointed as the appointment and/or 103 removal of the executive director of airports, and also to recommend the appointment and/or 104 removal of the deputy director of airports and any project manager hired by the city. All other 105 personnel shall be processed through the city personnel department with final recommendations 106 to come from the director of airports and with appointment by the board; 107 D. The right to be apprised of To plan, establish and approve all major construction and 108 expansion projects for the airport. The approval required in this section shall be in addition to all 109 other approval of other city departments required by law; 110 E. The duty to To determine consider and provide feedback to the executive director on broad 111 matters of policy regarding the operation and management of the airport, including which shall 112 include, but not in limitation thereof, the following: 113 1. Expansion of the airport, 114 2. Timing of such expansion, 115 3. Determining the method of establishing and establishing rate structures for services or 116 facilities furnished by the airport to the public or to any person, firm or corporation, public or 117 private, and for leasing of space or facilities, or for granting rights, privileges, or concessions at 118 the airport, 119 4. The duration which will be allowed for each particular class of leases or granting of 120 rights at the airport, 121 5. To establish any other general provisions of agreements or leases which may be brought 122 before the board, 123 1.6. To provide input make determinations when required as to the public need and for 124 additional concessionaires, services or facilities amenities at the airport, 125 7. To fix and determine exclusively the uses to which any of the airport land shall be put; 126 provided, that any use shall be necessary or desirable to city, airport or the aviation industry, 127 8. Review and establish policy on all operations or activities that are major in nature and 128 require policy determinations, 129 2.9. To review and provide feedback on Review and establish policy regarding the capital 130 improvement program of the airport’s master plan study as related to income and revenue so that 131 the staging of major capital improvement projects are within the anticipated airport revenues and 132 income projected, in a conservative manner, 133 LEGISLATIVE DRAFT 5 3.10. To review and provide feedback on Review and adopt matters of policy on all major 134 problems which require broad policy considerations, including rules and regulations, commercial 135 operations and general aviation, 136 11. Review and decide policy matters regarding problems of general public concern 137 affecting the airport, 138 12. Decide matters of policy regarding all matters which are properly brought before the 139 board; 140 F. To annually prepare review a budget for the operating and maintenance expenditures, 141 before approval of the budget by city council for the airport and to calculate the revenue 142 necessary to provide funds for the operating and maintenance expenditures of the airport. The 143 budget shall be prepared and filed at such time as the board shall designate and shall contain a 144 full and detailed estimate of the revenue required during the ensuing year for the maintenance 145 and operation of the airport, showing therein the number of employees, classification, and the 146 amount of salary and wages. The expenditures for the maintenance and operation of the airport 147 shall be limited to the extent of specific appropriations of money made in advance by the board 148 upon estimates furnished. The city council has final approval authority; 149 G. Review not less often than annually with the airport administration, the income from all 150 sources, the expenditures for all purposes, and the relationship of anticipated revenues to 151 anticipated expenditures, including debt retirement; 152 G.H. The duty to select a chair and vice chair of the board. Assist the director of airports in 153 every way possible for the continuing orderly development and promotion of the airport in order 154 to best serve the local and regional requirements for airport service. 155 SECTION 2. Amending the Text of Salt Lake City Code Subsection 2.07.020. 156 Subsection 2.07.020 of the Salt Lake City Code, City Boards and Commissions Named, is 157 hereby amended as follows: 158 For the purpose of this chapter the term “city board” or “board” means the following city boards, 159 commissions, councils, and committees: 160 Accessibility and disability commission 161 Airport advisory board 162 Board of appeals and examiners 163 Business advisory board 164 Citizens' compensation advisory committee 165 City and county building conservancy and use committee 166 Community development and capital improvement programs advisory board 167 Community recovery committee 168 LEGISLATIVE DRAFT 6 Fire code board of appeals 169 Golf enterprise fund advisory board 170 Historic landmark commission 171 Housing advisory and appeals board 172 Housing trust fund advisory board 173 Human rights commission 174 Library board 175 Parks, natural lands, trails, and urban forestry advisory board 176 Planning commission 177 Public utilities advisory committee 178 Racial equity in policing commission 179 Salt Lake art design board 180 Salt Lake City arts council board 181 Salt Lake City sister cities board 182 Transportation advisory board 183 SECTION 3. Effective Date. This ordinance shall take effect immediately upon the date 184 of its first publication. 185 Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________, 186 2023. 187 ___________________________ 188 CHAIRPERSON 189 190 ATTEST AND COUNTERSIGN: 191 192 ___________________________ 193 CITY RECORDER 194 195 APPROVED AS TO FORM: 196 197 _______________________ 198 Senior City Attorney 199 200 Transmitted to Mayor on ______________________. 201 202 LEGISLATIVE DRAFT 7 Mayor’s Action: __________ Approved. ___________ Vetoed. 203 204 205 ____________________________ 206 MAYOR 207 208 209 210 ___________________________ 211 CITY RECORDER 212 213 214 (SEAL) 215 216 217 Bill No. ______ of 2023. 218 Published: _____________________. 219 SALT LAKE CITY ORDINANCE 1 No. ______ of 2023 2 3 (An ordinance amending Section 2.14 of the Salt Lake City Code, Airport Board, and Subsection 4 2.07.020, City Boards and Commissions Named.) 5 WHEREAS, Section 2.14 of the Salt Lake City Code, creating the Airport Board, 6 requires amendment to align with state law; and 7 WHEREAS, the Salt Lake City Council has reviewed the amendments and determined 8 that adopting this ordinance is in the City’s best interests. 9 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that: 10 SECTION 1. Amending the Text of Salt Lake City Code Section 2.14. Section 2.14 of 11 the Salt Lake City Code, regarding the Airport Board, is hereby amended as follows: 12 CHAPTER 2.14 13 AIRPORT ADVISORY BOARD 14 15 2.14.010: General Provisions 16 2.14.020: Definitions 17 2.14.030: Creation Of Board 18 2.14.040: Eligibility For Membership 19 2.14.050: Term; Expiration 20 2.14.060: Powers And Duties 21 22 2.14.010: GENERAL PROVISIONS: The provisions of chapter 2.07 of this title shall apply to 23 the airport advisory board except as otherwise set forth in this chapter. 24 2.14.020: DEFINITIONS: 25 In this chapter, the following definitions apply: 26 AIRPORT: All property owned or operated by the city through its department of airports, 27 including the Salt Lake City International Airport, South Valley Regional Airport, Tooele Valley 28 Airport, and any other airport owned or operated by the city. 29 BOARD: The city airport advisory board. 30 BOARD MEMBER: A person appointed by the mayor, with the advice and consent of the 31 council, who is a duly qualified voting member of the board. 32 2 CITY: Salt Lake City, a municipal corporation of the state. 33 COUNCIL: The city council of the City. 34 EXECUTIVE DIRECTOR OF AIRPORTS: The city’s executive director of its department of 35 airports. 36 EX OFFICIO MEMBER: A duly qualified and nonvoting member of the board. 37 MAYOR: The duly elected or appointed, and qualified mayor of the city. 38 POLITICAL SUBDIVISION: A county or a municipality in the state. 39 POLITICAL SUBDIVISION REPRESENTATIVE: A voting board member, appointed by a 40 qualifying political subdivision. 41 QUALIFYING POLITICAL SUBDIVISION: A city or town in which an extraterritorial 42 airport owned and operated by the city is located or, if the airport is not located in a city or town, 43 the county in which the extraterritorial airport is located. 44 2.14.030: CREATION OF BOARD: 45 A. There is created an airport advisory board. The advisory board shall consist of eleven (11) 46 appointed voting board members, with the following composition and limitations: 47 1. One appointed political subdivision representative from each qualifying political 48 subdivision, each of whom shall be included in the total number of appointed board 49 members. The political subdivision representatives shall be appointed: 50 a. in accordance with an ordinance or policy in place in each qualifying 51 political subdivision for appointing individuals to a board, if any; or 52 b. if no ordinance or policy described in subsection (A)(1)(a) exists, by the 53 chief executive officer of the qualifying political subdivision, with advice 54 and consent from the legislative body of the qualifying political subdivision. 55 2. Not counting the political subdivision representatives, no more than two (2) board 56 members may reside outside the boundaries of Salt Lake City; 57 3. At least one board member must have experience in commercial or industrial 58 construction projects with a budget of at least $10,000,000. 59 4. At least one board member must have experience in management and oversight of an 60 entity with an operating budget of at least $10,000.000. 61 B. Ex officio members: 62 1. The city council member in whose council district the Salt Lake City International 63 Airport is located; and 64 65 2. The mayor, or the mayor’s designee. 66 3 2.14.040: ELIGIBILITY FOR MEMBERSHIP: 67 To be eligible to be appointed as a board member a person must be: 68 A. Not less than twenty one (21) years of age; 69 B. A resident of the state; and 70 C. Not actively engaged or employed in commercial aeronautics. 71 2.14.050: TERM; EXPIRATION: 72 All appointments shall be made for a four (4) year term. A board member may not serve more 73 than two (2) four-year terms. 74 2.14.060: POWERS AND DUTIES: 75 The board shall have the following powers and duties: 76 A. The power to determine and establish such rules and regulations for the conduct of the 77 board as the board members, and form committees or subcommittees as the board shall deem 78 advisable. Such rules and regulations shall not be in conflict with this chapter or other applicable 79 city, state or federal law; 80 B. The duty to review airport rules and regulations before adoption by the mayor, and provide 81 advice to the mayor about those rules and regulations; 82 C. The right to recommend an individual to be appointed as the executive director of airports; 83 D. The right to be apprised of all major construction and expansion projects for the airport; 84 E. The duty to consider and provide feedback to the executive director on broad matters of 85 policy regarding the operation and management of the airport, including the following: 86 1. To provide input amenities at the airport, 87 2. To review and provide feedback on policy regarding the capital improvement 88 program of the airport’s master plan study, 89 3. To review and provide feedback on matters regarding problems of general public 90 concern affecting the airport, 91 F. To annually review a budget for the operating and maintenance expenditures, before 92 approval of the budget by city council; 93 G. The duty to select a chair and vice chair of the board. 94 95 4 SECTION 2. Amending the Text of Salt Lake City Code Subsection 2.07.020. 96 Subsection 2.07.020 of the Salt Lake City Code, City Boards and Commissions Named, is 97 hereby amended as follows: 98 For the purpose of this chapter the term “city board” or “board” means the following city boards, 99 commissions, councils, and committees: 100 Accessibility and disability commission 101 Airport advisory board 102 Board of appeals and examiners 103 Business advisory board 104 Citizens' compensation advisory committee 105 City and county building conservancy and use committee 106 Community development and capital improvement programs advisory board 107 Community recovery committee 108 Fire code board of appeals 109 Golf enterprise fund advisory board 110 Historic landmark commission 111 Housing advisory and appeals board 112 Housing trust fund advisory board 113 Human rights commission 114 Library board 115 Parks, natural lands, trails, and urban forestry advisory board 116 Planning commission 117 Public utilities advisory committee 118 Racial equity in policing commission 119 Salt Lake art design board 120 Salt Lake City arts council board 121 Salt Lake City sister cities board 122 Transportation advisory board 123 5 124 SECTION 3. Effective Date. This Ordinance shall take effect immediately upon the 125 date of its first publication. 126 Passed by the City Council of Salt Lake City, Utah, this ______ day of__________, 127 2023. 128 ___________________________ 129 CHAIRPERSON 130 131 ATTEST AND COUNTERSIGN: 132 133 ___________________________ 134 CITY RECORDER 135 136 APPROVED AS TO FORM: 137 138 _______________________ 139 Senior City Attorney 140 141 Transmitted to Mayor on ______________________. 142 143 Mayor’s Action: __________ Approved. ___________ Vetoed. 144 145 146 ___________________________ 147 MAYOR 148 149 150 151 ___________________________ 152 CITY RECORDER 153 154 155 (SEAL) 156 157 158 Bill No. ______ of 2023. 159 Published: _____________________. 160 Utah Code Page 1 Effective 5/9/2017 72-10-203.5 Advisory boards of airports and extraterritorial airports. (1) For purposes of this section: (a) "Airport owner" means the municipality, county, or airport authority that owns one or more airports. (b) "Extraterritorial airport" means an airport, including the airport facilities, real estate, or other assets related to the operation of an airport, outside the municipality or county and within the boundary of a different municipality or county. (2) (a) If an airport owner that owns an international airport also owns one or more extraterritorial airports, the airport owner shall create and maintain an advisory board as described in this section. (b) The advisory board shall advise and consult the airport owner according to the process set forth in ordinance, rule, or regulation of the airport owner. (3) (a) An advisory board described in Subsection (2) shall consist of 11 members, appointed as follows: (i) one individual from each municipality or county in which an extraterritorial airport is located, appointed: (A) according to an ordinance or policy in place in each municipality or county for appointing individuals to a board, if any; or (B) if no ordinance or policy described in Subsection (3)(a)(i)(A) exists, by the chief executive officer of the municipality or county, with advice and consent from the legislative body of the municipality or county in which the extraterritorial airport is located; and (ii) as many individuals as necessary, appointed by the chief executive officer of the airport owner, with advice and consent from the legislative body of the airport owner, when added to the individuals appointed under Subsection (3)(a)(i), to equal 11 total members on the advisory board. (b) The airport owner shall ensure that members of the advisory board have the following qualifications: (i) at least one member with experience in commercial or industrial construction projects with a budget of at least $10,000,000; and (ii) at least one member with experience in management and oversight of an entity with an operating budget of at least $10,000,000. (4) (a) (i) Except as provided in Subsections (4)(b) and (6)(b), the term of office for members of the advisory board shall be four years or until a successor is appointed, qualified, seated, and has taken the oath of office. (ii) A member of the advisory board may serve two terms. (b) When a vacancy occurs on the board for any reason, the replacement shall be appointed according to the procedures set forth in Subsection (3) for the member who vacated the seat, and the replacement shall serve for the remainder of the unexpired term. (5) The advisory board shall select a chair of the advisory board. (6) (a) For an airport owner that owns and operates an extraterritorial airport as of March 9, 2017, that has an advisory board in place, the members of the advisory board may complete the member's respective current term on the advisory board. Utah Code Page 2 (b) After March 9, 2017, and upon expiration of the current term of each member of the advisory board serving as of March 9, 2017, the airport owner shall ensure that the membership of the advisory board transitions to reflect the requirements of this section. (7) (a) The chief executive officer of each municipality or county in which an extraterritorial airport is located, with the advice and consent of the respective legislative body of the municipality or county, may create an extraterritorial airport advisory board to represent the interests of the extraterritorial airport. (b) The extraterritorial airport advisory boards described in Subsection (7)(a) shall meet at least quarterly, and: (i) shall provide advisory support to the member of the advisory board representing the municipality or county; and (ii) may advise in the request for proposals process of a fixed base operator for the respective extraterritorial airport. (8) The airport owner, in consultation with the airport advisory board, shall, consistent with the requirements of federal law, study, produce an analysis, and advise regarding the highest and best use and operational strategy for each airport, including all lands, facilities, and assets owned by the airport owner. (9) An airport owner, in consultation with the county auditor and the county assessor of a county in which an extraterritorial airport is located, shall explore in good faith whether a municipality or county where an extraterritorial airport is located receives airport-related tax disbursements to which the municipality or county is entitled. (10) An airport owner shall report annually to the Transportation Interim Committee regarding the requirements in this section. Enacted by Chapter 301, 2017 General Session