HomeMy WebLinkAboutTransmittal - 11/29/2023ERIN MENDENHALL
Mayor
Rachel Otto, Chief of Staff
TO:
FROM:
CITY COUNCIL TRANSMITTAL
Salt Lake City Council
Darin Mano, Chair
OFFICE OF THE MAYOR
Date Received: November 29, 2023
Date Sent to Council: November 29, 2023
DATE: November 29, 2023
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;
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM
SALT LAKE CITY, UT 84114-5474 TEL 801-535-7704
ERIN MENDENHALL OFFICE OF THE MAYOR
Mayors L
ta
• 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
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306 WWW.SLCMAYOR.COM
SALT LAKE CITY, UT 84114-5474 TEL 801-535-7704
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. of 2023
3
4 (An ordinance amending Section 2.14 of the Salt Lake City Code, Airport Board, and Subsection
5 2.07.020, City Boards and Commissions Named.)
6 WHEREAS, Section 2.14 of the Salt Lake City Code, creating the Airport Board,
7 requires amendment to align with state law; and
8 WHEREAS, the Salt Lake City Council has reviewed the amendments and determined
9 that adopting this ordinance is in the City's best interests.
10 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
11 SECTION 1. Amending the Text of Salt Lake City Code Section 2.14. Section 2.14 of
12 the Salt Lake City Code, regarding the Airport Board, is hereby amended as follows:
13 CHAPTER 2.14
14 AIRPORT ADVISORY BOARD
15
16 2.14.010: General Provisions
17 2.14.020: Definitions
18 2.14.030: Creation Of Board
19 2.14.040: Eligibility For Membership
20 2.14.050: Term; Expiration
21 2.14.060: Powers And Duties
22
23 2.14.010: GENERAL PROVISIONS: The provisions of chapter 2.07 of this title shall apply to
24 the airport advisory board except as otherwise set forth in this chapter.
25
26 2.14.020: DEFINITIONS:
27 In this chapter, the following definitions apply:
28 AIRPORT: All property owned or operated by the city
29 through its department of airports, including the Salt Lake City International Airport, South
30 Valley Regional Airport, Tooele Valley Airport, and any other airport owned or operated by the
31 city.
32 BOARD: The city airport advisory board.
LEGISLATIVE DRAFT
33 BOARD MEMBER: A person appointed by the mayor, with the advice and consent of the
34 council, who is a duly qualified voting member of the board.
35 CITY: Salt Lake City, a municipal corporation of the state.
36 COUNCIL: The city council of the City.
37 EXECUTIVE DIRECTOR OF AIRPORTS: The city's executive director of its department of
38 airports.
39 EX OFFICIO MEMBER: A duly qualified and nonvoting member of the board.
40 MAYOR: The duly elected or appointed, and qualified mayor of the city.
41 POLITICAL SUBDIVISION: A county or a municipality in the state.
42 POLITICAL SUBDIVISION REPRESENTATIVE: A voting board member, appointed by a
43 qualifying political subdivision. , with the a&iee and consent of the eetmeil. A
44 politieal s4division representative must, at the fifne of appoin4men4, be an eleeted offieial of
45
46 QUALIFYING POLITICAL SUBDIVISION: A city or town in which an extraterritorial
47 airport owned and operated by the city is located or, if the airport is not located in a city or town,
48 the county in which the extraterritorial airport is located.
49
50 2.14.030: CREATION OF BOARD:
51 "
52 A. There is created an airport advisory board. The advisory board shall consist of
53 eleven (11) appointed voting board members, with the following composition
54 and limitations: no more than two (2) throe «) of whom Y,, reside outside the b,,,,, dar-i �
55 eke C4t�-,
56 1. One appointed political subdivision representative from each qualifyingpolitical
57 subdivision, each of whom shall be included in the total number of appointed board
58 members. The political subdivision representatives shall be anointed:
59 a. in accordance with an ordinance or policy in place in each qualifying
60 political subdivision for appointin individuals to a board. if anv: or
61 b. if no ordinance or policy described in subsection (A)(1)(a) exists, b. the
62 chief executive officer of the qualifying political subdivision, with advice
63 and consent from the leLyislative bodv of the aualifvina political subdivision.
64 2. Not counting the political subdivision representatives, no more than two (2) board
65 members may reside outside the boundaries of Salt Lake City;
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LEGISLATIVE DRAFT
66 3. At least one board member must have experience in commercial or industrial
67 construction projects with a budget of at least $10,000,000.
68 4. At least one board member must have experience in management and oversight of an
69 entity with an operating budget of at least $10,000.000.
71 pefifieal sttbdivisien; and
72 3 B. Ex officio members:
73 1. The city council member in whose council district the Salt Lake City International
74 Airport is located; and
75
76 2. The mayor, or the mayor's designee;
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dir-eeter-'s designee;
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designee.
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e4y engineer-, or-
eity engineer's
81 2.14.040: ELIGIBILITY FOR MEMBERSHIP:
82 To be eligible to be appointed as a board member a person must be:
83 A. Not less than twenty one (21) years of age;
84 B. A resident of the state; and
85 C. Not actively engaged or employed in commercial aeronautics.
86 2.14.050: TERM; EXPIRATION:
87 All appointments shall be made for a four (4) year term, 's beards and
88 Eemmis ions ,,,.a;r ee, Eh-aflter 2crr.07 of this fitle. A board member may not serve more than two
89 (2) four-year terms.
90 2.14.060: POWERS AND DUTIES:
91 The board shall have the following powers and duties:
92 A. The power to determine and establish such rules and regulations for the conduct of the
93 board as the board members, and form committees or subcommittees as the board shall deem
94 advisable. Such rules and regulations shall not be in conflict with this chapter or other applicable
95 city, state or federal law;
96 B. The duty to review airport rules and regulations before adoption by
97 the mayor, and provide advice to the mayor about those rules and regulations whieh it shall 4o
98 , fester- and pr-em
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LEGISLATIVE DRAFT
99 ,
100 , and for- the purpose of eaffying out the ebjeets e
101 ; btt4 stieh fules and regulations shall not be in eonfliet with the terms of this ehapter- o
102 ;
103 C. The right to To recommend an individual to be appointed as the appointment and'of
104 removal of -the executive director of airports, and also to Feeommend the appointment and/o,
105
106 per-sonnel shall be pr-eeessed through the eivy personnel depaftment with final r-eeemmendations
107 ;
108 D. The right to be apprised of To plan, establish and approve all major construction and
109 expansion projects for the airport. The appr-eval r-eqtfir-ed in this seetien shall be in addition to A
110 other- approval of other- eity depaftmen4s required by 1 ;
111 E. The duty to To detef ine consider and provide feedback to the executive director on broad
112 matters of policy regarding the operation and management of the airport, including .�,,,;�11
113 inelude, btitnet in limitation ther-ee-f-,-the following:
114 1. Expansion of the oA
115 2. Timing of sueh expansion,
118 private, and for- leasing of spaee or- f4eilities, or- fer- granting rights, privileges, or-
1
121 rights at the a4peft,
124 1.6-. To provide input as to the public need and -for
125 additional ^ o es serviees r f ^rifles- amenities at the airport,
126 ;
127 ,
128 g. Review and establish pokey on all eper-ations or- aetivities that natefe an
129 require liey detef.v,ina4ions
130 2.9-. To review and provide feedback on Review a -a establish policy regarding the capital
131 improvement program of the airport's master plan study as related to ineeme and revenue s^
132
133 o jeeted, in a eenservative Y,.
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LEGISLATIVE DRAFT
134 3.1& To review and provide feedback on Review and adopt matters of phey on all Majo
135 , eeffiffle
136 operations and general -viation,
137 11. Review and ,aoeide p liey matters regarding problems of general public concern
138 affecting the airport,
139
140 beard
141 F. To annually prepare review a budget for the operating and maintenance expenditures,
142 before approval of the budget by city council for- the aei4 and to calculate the r-evenue
143
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145
'. 'ion of the air-pei4, showing ther-ein the ntmi-ber- of employees, elassifieation, and the
147 eff salary and wages. The expenditufes for- the maintenanee and operation of the air-peft.
148 shall be lifnited to the exten4 of speeifie appropriations of money made in advanee b,
1 G. Review
151 somfees, the expeaditufes for- all pt"oses, and the relationship of antieipated revenues to
153 G.H-. The duty to select a chair and vice chair of the board.
154 ever-y way possible for- the eon4inuing or-der4y development and promotion of the air-poft in or-def
155
156 SECTION 2. Amending the Text of Salt Lake City Code Subsection 2.07.020.
157 Subsection 2.07.020 of the Salt Lake City Code, City Boards and Commissions Named, is
158 hereby amended as follows:
159 For the purpose of this chapter the term "city board" or "board" means the following city boards,
160 commissions, councils, and committees:
161 Accessibility and disability commission
162 Airport advisory board
163 Board of appeals and examiners
164 Business advisory board
165 Citizens' compensation advisory committee
166 City and county building conservancy and use committee
167 Community development and capital improvement programs advisory board
168 Community recovery committee
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LEGISLATIVE DRAFT
169 Fire code board of appeals
170 Golf enterprise fund advisory board
171 Historic landmark commission
172 Housing advisory and appeals board
173 Housing trust fund advisory board
174 Human rights commission
175 Library board
176 Parks, natural lands, trails, and urban forestry advisory board
177 Planning commission
178 Public utilities advisory committee
179 Racial equity in policing commission
180 Salt Lake art design board
181 Salt Lake City arts council board
182 Salt Lake City sister cities board
183 Transportation advisory board
184 SECTION 3. Effective Date. This ordinance shall take effect immediately upon the date
185 of its first publication.
186 Passed by the City Council of Salt Lake City, Utah, this day of ,
187 2023.
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ATTEST AND COUNTERSIGN:
192
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194
CITY RECORDER
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APPROVED AS TO FORM:
197
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Senior City Attorney
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Transmitted to Mayor on
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CHAIRPERSON
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LEGISLATIVE DRAFT
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2023.
Published:
7
1 SALT LAKE CITY ORDINANCE
2 No. of 2023
3
4 (An ordinance amending Section 2.14 of the Salt Lake City Code, Airport Board, and Subsection
5 2.07.020, City Boards and Commissions Named.)
6 WHEREAS, Section 2.14 of the Salt Lake City Code, creating the Airport Board,
7 requires amendment to align with state law; and
8 WHEREAS, the Salt Lake City Council has reviewed the amendments and determined
9 that adopting this ordinance is in the City's best interests.
10 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
11 SECTION 1. Amending the Text of Salt Lake City Code Section 2.14. Section 2.14 of
12 the Salt Lake City Code, regarding the Airport Board, is hereby amended as follows:
13 CHAPTER 2.14
14 AIRPORT ADVISORY BOARD
15
16 2.14.010: General Provisions
17 2.14.020: Definitions
18 2.14.030: Creation Of Board
19 2.14.040: Eligibility For Membership
20 2.14.050: Term; Expiration
21 2.14.060: Powers And Duties
22
23 2.14.010: GENERAL PROVISIONS: The provisions of chapter 2.07 of this title shall apply to
24 the airport advisory board except as otherwise set forth in this chapter.
25 2.14.020: DEFINITIONS:
26 In this chapter, the following definitions apply:
27 AIRPORT: All property owned or operated by the city through its department of airports,
28 including the Salt Lake City International Airport, South Valley Regional Airport, Tooele Valley
29 Airport, and any other airport owned or operated by the city.
30 BOARD: The city airport advisory board.
31 BOARD MEMBER: A person appointed by the mayor, with the advice and consent of the
32 council, who is a duly qualified voting member of the board.
33 CITY: Salt Lake City, a municipal corporation of the state.
34 COUNCIL: The city council of the City.
35 EXECUTIVE DIRECTOR OF AIRPORTS: The city's executive director of its department of
36 airports.
37 EX OFFICIO MEMBER: A duly qualified and nonvoting member of the board.
38 MAYOR: The duly elected or appointed, and qualified mayor of the city.
39 POLITICAL SUBDIVISION: A county or a municipality in the state.
40 POLITICAL SUBDIVISION REPRESENTATIVE: A voting board member, appointed by a
41 qualifying political subdivision.
42 QUALIFYING POLITICAL SUBDIVISION: A city or town in which an extraterritorial
43 airport owned and operated by the city is located or, if the airport is not located in a city or town,
44 the county in which the extraterritorial airport is located.
45 2.14.030: CREATION OF BOARD:
46 A. There is created an airport advisory board. The advisory board shall consist of eleven (11)
47 appointed voting board members, with the following composition and limitations:
48 1. One appointed political subdivision representative from each qualifying political
49 subdivision, each of whom shall be included in the total number of appointed board
50 members. The political subdivision representatives shall be appointed:
51 a. in accordance with an ordinance or policy in place in each qualifying
52 political subdivision for appointing individuals to a board, if any; or
53 b. if no ordinance or policy described in subsection (A)(1)(a) exists, by the
54 chief executive officer of the qualifying political subdivision, with advice
55 and consent from the legislative body of the qualifying political subdivision.
56 2. Not counting the political subdivision representatives, no more than two (2) board
57 members may reside outside the boundaries of Salt Lake City;
58 3. At least one board member must have experience in commercial or industrial
59 construction projects with a budget of at least $10,000,000.
60 4. At least one board member must have experience in management and oversight of an
61 entity with an operating budget of at least $10,000.000.
62 B. Ex officio members:
63 1. The city council member in whose council district the Salt Lake City International
64 Airport is located; and
65
66 2. The mayor, or the mayor's designee.
2
67 2.14.040: ELIGIBILITY FOR MEMBERSHIP:
68 To be eligible to be appointed as a board member a person must be:
69 A. Not less than twenty one (21) years of age;
70 B. A resident of the state; and
71 C. Not actively engaged or employed in commercial aeronautics.
72 2.14.050: TERM; EXPIRATION:
73 All appointments shall be made for a four (4) year term. A board member may not serve more
74 than two (2) four-year terms.
75 2.14.060: POWERS AND DUTIES:
76 The board shall have the following powers and duties:
77 A. The power to determine and establish such rules and regulations for the conduct of the
78 board as the board members, and form committees or subcommittees as the board shall deem
79 advisable. Such rules and regulations shall not be in conflict with this chapter or other applicable
80 city, state or federal law;
81 B. The duty to review airport rules and regulations before adoption by the mayor, and provide
82 advice to the mayor about those rules and regulations;
83 C. The right to recommend an individual to be appointed as the executive director of airports;
84 D. The right to be apprised of all major construction and expansion projects for the airport;
85 E. The duty to consider and provide feedback to the executive director on broad matters of
86 policy regarding the operation and management of the airport, including the following:
87 1. To provide input amenities at the airport,
88 2. To review and provide feedback on policy regarding the capital improvement
89 program of the airport's master plan study,
90 3. To review and provide feedback on matters regarding problems of general public
91 concern affecting the airport,
92 F. To annually review a budget for the operating and maintenance expenditures, before
93 approval of the budget by city council;
94 G. The duty to select a chair and vice chair of the board.
95
3
96 SECTION 2. Amending the Text of Salt Lake City Code Subsection 2.07.020.
97 Subsection 2.07.020 of the Salt Lake City Code, City Boards and Commissions Named, is
98 hereby amended as follows:
99 For the purpose of this chapter the term "city board" or "board" means the following city boards,
100 commissions, councils, and committees:
101 Accessibility and disability commission
102 Airport advisory board
103 Board of appeals and examiners
104 Business advisory board
105 Citizens' compensation advisory committee
106 City and county building conservancy and use committee
107 Community development and capital improvement programs advisory board
108 Community recovery committee
109 Fire code board of appeals
110 Golf enterprise fund advisory board
111 Historic landmark commission
112 Housing advisory and appeals board
113 Housing trust fund advisory board
114 Human rights commission
115 Library board
116 Parks, natural lands, trails, and urban forestry advisory board
117 Planning commission
118 Public utilities advisory committee
119 Racial equity in policing commission
120 Salt Lake art design board
121 Salt Lake City arts council board
122 Salt Lake City sister cities board
123 Transportation advisory board
124
125 SECTION 3. Effective Date. This Ordinance shall take effect immediately upon the
126 date of its first publication.
127 Passed by the City Council of Salt Lake City, Utah, this day of ,
128 2023.
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ATTEST AND COUNTERSIGN:
CITY RECORDER
APPROVED AS TO FORM:
Mega w Tie-P&a&5-
Senior City Attorney
Transmitted to Mayor on
Mayor's Action:
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2023.
Published:
Approved.
CHAIRPERSON
Vetoed.
5
Utah Code
Effective 51912017
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 $10,000,000-1 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.
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Utah Code
(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
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