file · Web viewJASON ROSE , LEGAL COUNSEL ... authored by Mayor Ralph Becker, ... the United...

D A T E T U E S D A Y J U N E 3, 2014

1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, JUNE 3, 2014, PURSUANT TO ADJOURNMENT ON TUESDAY, MAY 20, 2014, AT THE HOUR OF 4:04:48 PM, AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1100, SALT LAKE CITY, UTAH.

COUNCIL MEMBERSPRESENT: RANDY HORIUCHI

RICHARD SNELGROVEJIM BRADLEYARLYN BRADSHAWAIMEE NEWTONSAM GRANATOSTEVEN DEBRYMAX BURDICKMICHAEL JENSEN, Chair

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR SIM GILL, DISTRICT ATTORNEY PLANNING & ZONING MEETING: By: THOMAS CHRISTENSEN, DEPUTY DISTRICT ATTORNEYJASON ROSE, LEGAL COUNSEL, COUNCIL OFFICESHERRIE SWENSEN, COUNTY CLERK By: GAYELENE GUDMUNDSON & NICHOLE WATT, DEPUTY

CLERKS

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Council Member Jensen, Chair, presided.

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Ms. Caroline Slater led the Pledge of Allegiance to the Flag of the United States of America.

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Council Member DeBry, seconded by Council Member Horiuchi, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, May 20, 2014. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. George Chapman spoke under “Citizen’s Public Input” regarding the follow three issues:

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1) A letter sent to the Utah Department of Transportation, authored by Mayor Ralph Becker, which implied Salt Lake County was in support of the application for a Transportation Investment Generating Economic Recovery (TIGER) Grant. He stated the TIGER Grant is to be used to reduce air pollution within Salt Lake County. The projects that Mayor Becker would like to use the grant for will not reduce air pollution; it will hurt bicyclists and increase air pollution. Mayor Becker is also pushing trolley cars. Trolley cars are only used by tourist and do not help with air pollution.

2) Salt Lake City recently passed an ordinance, which prohibited dogs from being tethered for more than one hour. This could cause a large influx of dogs at the Salt Lake County Animal shelter. If this does happen, the Council needs to be aware of it and speak with Salt Lake City.

3) Funds spent for the “Draw at Sugarhouse tunnel.”

He requested these three issues be considered in the near future.

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Mayor Ben McAdams read the following Proclamation declaring the month of June as “World Refugee Month:”

P R O C L A M A T I O N

WHEREAS, Salt Lake County is one of the most diverse counties in the State of Utah and is home to immigrants and refugees from around the world; and

WHEREAS, the residents of Salt Lake County are leaders in the effort to ensure that everyone has the right to live in peace with dignity and respect; and

WHEREAS, on December 4, 2000, the United Nations General Assembly adopted a resolution naming June 20th “World Refugee Day” to affirm the values and collective efforts of all concerned groups for refugee protection; and

WHEREAS, Salt Lake County respects the resiliency of refugees and all individuals and groups that help to restore meaning to the lives of refugees, and

WHEREAS, Salt Lake County recognizes the many contributions refugees make to our society.

THEREFORE, BE IT RESOLVED that I, Ben McAdams, Mayor of Salt Lake County do hereby proclaim the month of June as

“World Refugee Month”

and encourage all of our residents to acknowledge and celebrate diversity in Salt Lake County.

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Signed this 3 rd day of June, 2014

By /s/ BEN MCADAMS____Salt Lake County Mayor

Mayor McAdams presented Ze Min Xiao, Refugee Liaison, Mayor’s Office, with a copy of the proclamation.

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Council Member Burdick spoke under “Report of Council Members” regarding the groundbreaking for the Performing Arts Center, which was held on June 3, 2014. He stated this was possible because of donations received from the Eccles family, as well as a sizeable donation from Delta Airlines. There is a lot of interest and support from the community regarding this center.

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Council Member DeBry spoke under “Report of Council Members” regarding a violent bank robbery in Cottonwood Heights City. He stated the robbers were apprehended. A team citation was presented to officers who apprehended the robbers. He thanked Council Member Granato for attending the ceremony.

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Council Member Newton spoke under “Report of Council Members” regarding the Unified Police Department and Sheriff’s Annual Awards Banquet that she attended. This was a great event. On May 30, 2014, the West Valley suspension bridge over the Jordan River, by the Cultural Celebration Center, was dedicated, as was the tunnel by the Sandy City/West Jordan City border. This connects the Jordan River trail for 45 miles.

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Council Member Horiuchi spoke under “Report of Council Members” regarding the diversity campaign Mayor McAdams is conducting. He stated the Council needs to continue to support the Cultural Celebration Center in West Valley City.

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Council Member Bradshaw spoke under “Report of Council Members” regarding the opening ceremony for the “Draw at Sugarhouse,” which will be held on Friday, June 6, 2014, at 10:30 a.m. He encouraged Council Members to attend this event.

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The Council reviewed the fire restriction maps for 2014.

Council Member Snelgrove, seconded by Council Member Granato, moved to ratify the decision made in the Committee of the Whole meeting. [Council Member Snelgrove, seconded by Council Member Granato, moved to approve the maps and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Sim Gill, District Attorney, spoke under “Report of Elected Officials” regarding recognition from the Utah State Bar Tax Section. He stated Kelly Wright, Deputy District Attorney, received the Distinguished Tax Practitioner Award for 2014. Mr. Gill also recognized Tim Bodily, Steve Barnes, and Brad Johnson for their work. He stated this team makes up one of the best tax teams in government.

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Mr. Ralph Becker, a member of the Tourism, Recreation, Cultural & Convention Advisory Board, submitted a Disclosure of Private Business Interests form advising the Council that he is the Mayor of Salt Lake City, and owns REB Investment Properties.

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Mr. Ron Bigelow, a member of the Tourism, Recreation, Cultural & Convention Advisory Board, submitted a Disclosure of Private Business Interests form advising the Council that he is the Mayor of West Valley City.

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Ms. Mary D. Draper, a member of the Tourism, Recreation, Cultural & Convention Advisory Board, submitted a Disclosure of Private Business Interests form advising the Council that she is employed by the University of Utah as a development officer.

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Ms. Jenny Wilson, a member of the Tourism, Recreation, Cultural and Convention Advisory Board, submitted a Disclosure of Private Business Interests form advising the Council that she is the owner of “We Aspired Production, LLC,” and is on the Utah Advisory Board of the Sundance Institute.

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Mr. Kelvyn Cullimore, a member of the Tourism, Recreation, Cultural and Convention Advisory Board, submitted a Disclosure of Private Business Interests form advising the Council that he is the Mayor of Cottonwood Heights, and is the president and CEO of Dynatronics.

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Ms. Deborah Lyons, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interests form advising the Council that she is employed by Salt Lake City.

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Mr. Ted Sonnenburg, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that he is the vice-president of E.T. Technologies.

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Mr. Dwayne J. Woolley, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that he is employed by Trans-Jordan Cities as the general manager.

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Ms. Catherine Burns, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that she is employed by Gastronomy, Inc. as the human resources director.

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Mr. Lynn Hemingway, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that he is a State Legislator.

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Mr. Ron Marsden, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that he is employed by the Utah Department of Health as a program manager.

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Mr. Phillip Heck, a member of the Environmental Quality Advisory Committee, submitted a Disclosure of Private Business Interest form advising the Council that he the vice-president of Brown and Coldwell.

Council Member Bradshaw, seconded by Council Member Burdick, moved to accept the disclosure forms and make them a matter of record. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Gregory Hawkins, County Auditor, submitted a letter recommending reduction of 2012 taxes on the following properties, pursuant to an order of the Utah State Tax Commission. He also recommended that refunds in the amounts indicated, plus appropriate interest, be issued to the taxpayers.

Taxpayer Parcel No. Reduction Refund

Paul Svendsen & Mary Piciocchi 15-13-282-022 $ 5,742.28 to $ 3,124.29 $ 2,617.99

Dillard USA 27-13-227-011-4001 $110,514.83 to $96,366.78 $14,148.0527-13-227-011-4002 $ 34,899.49 to $30,431.62 $ 4,467.87

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Mr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of 2014 personal property taxes:

Taxpayer Tax Roll # Refund

Curtiss Wright Flow Control 39E160827 $ 6,892.67Mediconnect.net 38 110718 $25,773.24Design Workshop 01H149584 $ 758.50Diabetes Specialty Center 14B137648/5 $ 305.61JS Miller Construction 16 166240 $ 134.29View Street Bre 13 166837 $ 3,202.11Kids Life Daycare 24 167107 $ 224.62Hohmann & Barnard 14A166811 $ 9,835.00Rays Music 13 003744 $ 340.00Quality Oil AAB072032 $ 905.63Aro 35E150231 $ 473.00Plastic Fabricating 14B160212/3 $ 3,423.83

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Mr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of 2014 manufactured home property taxes:

Taxpayer Tax Roll # Refund

Edward Anderson 61 035025 $106.68Helen T. Bawden 15A022740 $ 59.86Ralph L. or Deon Carlson 13 035454 $ 97.53Dorothy J. Christensen 21 038328 $171.13William Deyo 13 203440 $191.75Blaine T. Cottle 13 200974 $183.93Nonie Ford 61 036114 $106.89Ronald & Carol Garlitz 25B203371 $ 49.00Dolores George 37 201169 $166.14John Hartman 21 034897 $149.91Milton & Jacqueline Johnson 21 201596 $275.36Dorothy Manning 15A203668 $365.14Shirley McCandless 61 034159 $ 87.54Frank & Marchella Michels 61 203660 $245.76Elma Michoff 35 038076 $ 57.15Artie Miller 15A201620 $170.67Delores Mitchell 24 203792 $200.11James & Fern Olson 13 201512 $274.15Gaylord & Cynthia Powell 61 026884 $ 47.57William & Edna Slattery 24 034120 $ 79.27Iona Smith 25B033486 $ 89.41Ray Smith 55 034129 $ 62.58Ramona Stevenson 24 028473 $ 83.99Sharon Strouse 24 201242 $174.67Carrie Ulmer 61 030976 $ 62.84Henry L. & Phyllis V. Vogel 36D200606 $294.54Doris West 21 207198 $288.32Mark & Jane Ingman 24 203292 $260.00Malibu Investments 24 201773 $218.29

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Mr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of vehicle taxes:

Taxpayer Year Refund

Cameron D. Cole 2014 $ 113.00Robert E. Duff 2014 $ 153.00

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General RV Center 2013 $1,404.81Holton D. Jewkes 2014 $ 113.00Dan Pendleton 2014 $ 153.00Weina Qiu 2014 $ 153.00Jeanne M. Schmidt 2014 $ 113.00Robert J. Smith 2014 $ 153.00Utah Center for Oral & Facial Surgery 2014 $ 153.00Earl R. Decol 2014 $ 50.00Albert S. Hackwell 2014 $ 150.00Toshio Peake 2013 $ 129.15Justin Young 2014 $ 80.00Presiding Bishop/LDS Church 2014 $ 3.00Shannon T. Hartley 2014 $ 13.00Shaon Rillon 2013 $ 150.00

Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the recommendations. The motion passed unanimously, authorizing the County Treasurer to effect the same, showing that all Council Members present voted “Aye.”

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending reinstatement of the property tax deferral on the Wilmer C. Wiser property identified as Parcel No. 22-26-130-007. The approval is for deferral of the $7,630.09 delinquency balance, and removal of the $250.00 Tax Sale Administrative Fee under the following conditions: 1) The balance of the 2013 real property tax delinquencies be added to the deferral; 2) the balance of the delinquency to be paid within thirty days of the effective date; 3) the participant retain ownership interest during the entire deferral period; 4) the property remain occupied during the entire deferral period as the applicant’s primary residence. Failure to comply with these terms may result in revocation of the deferral agreement with the total delinquency due immediately.

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending reinstatement of the property tax deferral on the Adam L. Leggroan property identified as Parcel No. 16-33-226-013. The approval is for deferral of the $20,132.16 delinquency balance, and removal of the $250.00 Tax Sale Administrative Fee under the following conditions: 1) Down payment of $3,000.00 in certified funds, which has already been deposited into a suspense account with the Salt lake County Treasurer, applied first to pay off Categories 206 and 258; 2) monthly payments of $300.00 resuming June 2014, applied to Categories 202 and 227 in descending order; 3) the balance of the 2013 real property tax delinquencies be added to the deferral; 4) all subsequent taxes be paid timely so as not to increase the amount of delinquency; 5) the participant retain ownership interest during the entire deferral period; 6) the property remain occupied during the entire deferral period as the applicant’s primary residence. 7) the participant submit an Application for Tax Abatement each

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year they remain in the deferral program; and 8) the deferral be reviewed annually prior to the Tax Sale to determine eligibility for continuation. Failure to comply with these terms may result in revocation of the deferral agreement with the total delinquency due immediately.

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending deferral of the delinquency on the Frank A. Ackerman property identified as Parcel No. 15-03-262-009. The approval is for deferral of the $4,071.77 delinquency balance, and removal of the $250.00 Tax Sale Administrative Fee under the following condition: 1) Balance of the delinquency to be paid within thirty days of the effective date. (This has already been deposited in a suspense account with the Salt Lake County Treasurer.)

Council Member Bradshaw, seconded by Council Member Burdick, moved to defer the delinquent balances, and authorize the County Treasurer to remove the Tax Sale Administrative Fees of $250.00. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. David Johnson, Deputy District Attorney, submitted an ordinance amending Chapter 3.15.010 entitled “Definitions,” to amend individual definitions, and adding the definition of “Transitional Costs.” (Final adoption of this ordinance will be considered at the Tuesday, June 10, 2014, Council meeting.)

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Mr. David Johnson, Deputy District Attorney, submitted an ordinance removing the words “To Him” in Chapter 3.16.050, changing the word “May” to “Shall” in Chapter 3.16.090, and amending Chapter 3.16.110 by changing the words “Chapter 3.24 of this title” to “County Ordinances” and making additional minor changes. (Final adoption of this ordinance will be considered at the Tuesday, June 10, 2014, Council meeting.)

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Mr. David Johnson, Deputy District Attorney, submitted an ordinance amending Chapters 3.20.010 “Requisition Agent Authority” by changing “Auditor’s Office” to “Mayors Financial Administration,” 3.20.020 “Competitive Bid Requirements” by adding the section “Reverse Auction Bidding” and 3.20.030 “Procurements Not Requiring Competitive Procurement,” by adding and removing language, 3.20.050 “Advertisements For Solicitations” by removing the word “Bids,” and 3.20.110 “Awarding of Contracts” by adding language and removing language. (Final adoption of this ordinance will be considered at the Tuesday, June 10, 2014, Council meeting.)

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Mr. David Johnson, Deputy District Attorney, submitted an ordinance amending Sections 3.22.020 “Request For Proposals (RFP)” by removing the requirement that the Attorney approve the RFP as to form, 3.22.030 “Public Notice” to update the citations, 3.22.100 “Expedited Requests For Proposals” to make grammatical changes. (Final adoption of this ordinance will be considered at the Tuesday, June 10, 2014, Council meeting.)

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Mr. David Johnson, Deputy District Attorney, submitted an ordinance amending Chapters 3.28.010, 3.28.020, 3.28.030, 3.28.040, 3.28.060, 3.28.070, 3.28.080, 3.28.100, 3.28.120 and 3.28.130 to remove references to the “Auditor” and replace with “Mayor’s Financial,” to clarify standard form contracts and approval as to form requirements, and to clean up language for consistency. (Final adoption of this ordinance will be considered at the Tuesday, June 10, 2014, Council meeting.)

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member DeBry, seconded by Council Member Horiuchi, moved to forward the ordinances to the 4:00 p.m. Council meeting to be introduced. The motion passed unanimously.] The Council motion passed unanimously, allowing the Contracts & Procurement Division to correct any typographical errors found in the ordinance and forward them to the June 10, 2014, Council meeting for formal consideration, showing that all Council Members present voted “Aye.”

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Mr. Gavin Anderson, Deputy District Attorney, submitted the following ordinance restricting fireworks, smoking, and other fires in wildland-suburban interface areas; to preserve and protect areas vulnerable to fire; and to reduce the risk of potentially devastating wildfires in the unincorporated County.

ORDINANCE NO. 1768 DATE: June 3, 2014

FIRE RESTRICTIONS IN WILDLAND-SUBURBAN INTERFACE AREAS

An ordinance enacting Chapter 9.90, entitled Fire Restrictions in Wildland-Suburban Interface Areas, of the Salt Lake County Code of Ordinances, 2001, to restrict fireworks, smoking and other fires; to preserve and protect areas vulnerable to fire; to reduce the risk of potentially devastating wildfires in the unincorporated County; and to make related changes.

The County Legislative Body of Salt Lake County ordains as follows:

SECTION I. Chapter 9.90 of Salt Lake County Code of Ordinances, 2001, is enacted to read as follows:

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9.90.010 Findings.

The Council finds that certain wildland-suburban interface areas exist in the unincorporated county and that preservation of public health, safety, and welfare requires the restriction of fireworks, smoking, and other fires in such areas and certain surrounding areas as specified below, to reduce the risk of potentially devastating wildfires in the county.

9.90.020 Definitions.

A. As used in this chapter, the term “wildland-suburban interface areas “shall mean ravines, gullies, hillsides, vacant land, or mountainous areas where natural vegetation exists (including oak brush, conifer, sage brush, and other indigenous trees and plants), such that a distinct fire hazard is clearly evident to a reasonable person, and where that area is within a township created in the unincorporated area of the county, pursuant to state statute.

B. Without limiting the foregoing, “wildland-suburban interface areas” shall also include those areas designated within a township as a fire hazard on an annual basis by the Unified Fire Authority on maps conveyed to and approved by the council in an open meeting and posted and made available on the county’s website and in the offices of the county clerk.

9.90.030 Fire Restrictions

A. The following restrictions on open flames and smoking are imposed on, over and within 300 feet of all wildland-suburban interface areas:

1. Setting, building, maintaining, attending or using open flames of any kind is prohibited, except campfires built within the facilities provided for them in improved campgrounds, picnic areas or permanently improved places of habitation; and

2. Smoking is prohibited, except within an enclosed vehicle or building, a developed recreation site or while stopped in the center of an area of at least ten feet in diameter that is barren or cleared to mineral soil or is covered by concrete or asphalt.

B. The following restrictions on fireworks, tracer ammunition or other pyrotechnic devices are imposed:

1. Discharging or using any kind of aerial device firework, tracer ammunition or other pyrotechnic devices on, over or within 300 feet of any wildland-suburban interface area is prohibited; and

2. Discharging or using any kind of class C common state-approved explosives on, over or within 50 feet of any wildland-suburban interface area is prohibited.

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C. The following definitions are applicable to this section:

1. “Class C common state-approved explosives” is as defined in section 53-7-202(5).

2. “Aerial device firework” is as defined in sections R710-2-2(2.2) and R710-2-6(6.3.1), Utah Administrative Rules, as amended.

9.90.040 Exemptions.

The following persons are exempt from the prohibitions in section 9.90.030:

A. Persons with a permit from the county, from the state of Utah or the United States of America, specifically authorizing the prohibited act as the specific location; and

B. Any county, state, or federal firefighting officer or firefighting forces, including the Unified Fire Authority, or any peace officer, in the performance of an official duty.

9.90.050 Penalty.

Each violation of this chapter shall be a Class B misdemeanor.

SECTION II. The Salt Lake County Council finds that this ordinance is necessary for the immediate preservation of the peace, health, and safety of the county and its inhabitants. This ordinance shall therefore become effective immediately after its passage and upon at least one publication of the ordinance or a summary thereof in a newspaper published and having general circulation in Salt Lake County.

APPROVED and ADOPTED this 3 rd day of June, 2014

SALT LAKE COUNTY COUNCILATTEST:

By /s/ MICHAEL JENSENChair

By /s/ SHERRIE SWENSEN Salt Lake County Clerk

Council Member Jensen stated Section II waives the second reading of this ordinance. The ordinance will become effective immediately after its passage and after the ordinance summary is published in the newspaper.

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the voted taken in the Committee of the Whole meeting. [Council Member Snelgrove, seconded by Council Member Granato, moved to waive the second reading, approve the

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ordinance, and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to sign the same, directing the County Clerk to attest his signature and to publish the ordinance summary in a newspaper of general circulation, showing that all Council Members present voted “Aye.”

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Ms. Nichole Dunn, Chair, Steering Committee, submitted a letter recommending approval of the following Countywide Policies & Procedures:

#1100 – Surplus Property Dispostion/Transfer/Internal Sale#7010 – Procurement#7020 – State Contracts and Cooperative Agreements#7021 – Small Cost Purchasing Procedures#7030 – Request for Proposals (RFP)#7035 – Purchasing Cards Authorization and Use

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member DeBry, seconded by Council Member Horiuchi, moved to accept the policies and procedures. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to sign the policies, directing the County Clerk to attest his signature, and authorizing the Mayor’s Office to distribute the same, showing that all Council Members present voted “Aye.”

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of a REAL ESTATE DONATION CONTRACT between Salt Lake County for its Real Estate Section and the Kearns National League – Donation of Real Property located at 4835 South 4300 West for Development of a Park. The Kearns National League has offered to donate 3.63 acres of land located at 4835 South 4300 West to Salt Lake County for no fee. Acceptance of this donation will require the County to pay debts against the property incurred by the donor amounting to approximately $9,700. The County will also need to pay title insurance and closing costs of about $2,300. The County’s Parks and Recreation Division will then develop the site into a park with playing fields and a children’s playground. The transaction will be closed on or before June 30, 2014.

RESOLUTION NO. 4701 DATE: June 3, 2014

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING ACCEPTANCE OF A DONATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 4835 SOUTH 4300 WEST, KEARNS, UTAH

RECITALS

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A. Salt Lake County (“County”) wishes to accept a donation of two parcels of property located at 4835 South 4300 West, Salt Lake County, Utah (the “Property”), aka, Parcel Nos. 21-07-207-002 and 21-07-207-009.

B. Kearns National League, a Utah non-profit corporation, owns the Property, which it has used for baseball fields, and has offered in writing to donate the Property to the County for no fee. The County is interested in acquiring the Property to develop a park.

C. Kearns National League and the County have prepared a real estate donation contract, outlining the terms of the donation, and Kearns National League has signed a Declaration of Gift as required by Salt Lake County Policy.

D. It has been determined that the best interests of the County and the general public will be served by acquiring the Property according to the terms and conditions of the attached Real Estate Donation Contract. The acceptance will be in compliance with all applicable state statutes and county ordinances.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the County accepts the donation of the Property from the Kearns National League pursuant to the terms and conditions set forth in the Real Estate Donation Contract (“Contract”), attached hereto as Exhibit A, and directs that the Chair sign the Declaration of Gift accompanying the Contract. The attached Contract is hereby accepted and approved, and the Mayor is authorized to sign the attached Contract on behalf of the County, to accept a Warranty Deed of conveyance from the Kearns National League, and to sign any other documents required to complete the acquisition of the Property.

APPROVED and ADOPTED this 3 rd day of June, 2014.




Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the voted taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Granato, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to execute the resolution and directing the County Clerk to attest his signature, showing that all Council Members present voted “Aye.”

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending that a hearing be scheduled to consider declaring property, located at 616 South State Street (Parcel No. 16-06-354-018), as surplus.

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Granato, moved to schedule the public hearing for Tuesday, June 24, 2014, at 4:00 p.m. The motion passed unanimously.] The Council motion passed unanimously, authorizing the County Clerk to place a Notice of Public Hearing in a newspaper of general circulation, showing that all Council Members present voted “Aye.”

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending that property located at 1311 South Utah Street (1620 West) (Parcel No. 15-10-451-044), be declared as surplus and sold to adjacent property owners, Elisco Villegas, Petra Rosales, and Vianey Plancarte, for the appraised value of $3,350. He also recommended approval of the following RESOLUTION, authorizing Salt Lake County to convey this property to Elisco Villegas, Petra Rosales, and Vianey Plancarte by quit claim deed:

RESOLUTION NO. 4822 DATE: June 3, 2014

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL DECLARING SURPLUS REAL PROPERTY AND APPROVING THE CONVEYANCE OF THE SURPLUS COUNTY PROPERTY BY QUIT CLAIM DEED TO ELISEO VILLEGAS, PETRA ROSALES, AND VIANEY PLANCARTE

RECITALS

1. Salt Lake County owns a parcel of real property, Parcel No. 15-10-451-044, located at approximately 1311 South Utah Street (1620 West), Salt Lake City, Utah (the “Property”, which was acquired by Tax Deed in 2009 and which is not in public use by the County.

2. The Property is small, approximately 47 feet by 58 feet, and was owned by Eliseo Villegas, Petra Rosales, and Vianey Plancarte (collectively “The Villegas Parties”) before it was acquired by the County. The Villegas Parties wish to reacquire the Property and has offered in writing to purchase the Property for its fair market value as established and approved by the County Real Estate Section.

3. The County has no need for the Property and has determined that the Property’s appraised value is $3,350.00

4. It has been determined that the best interest of the County and the general public will be served by the sale and conveyance of the Property to the Villegas Parties

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for its fair market value. The sale and conveyance will be in compliance with all applicable state statues and county ordinances.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Property described in the Quit-Claim Deed attached as Exhibit A, be and the same is hereby declared surplus property.

IT IS FURTHER RESOLVED by the Salt Lake County Council that the sale and conveyance of the Property by Quit-Claim Deed to the Villegas Parties for the agreed current fair market value of Three Thousand Three Hundred Fifty Dollars ($3,350) is hereby approved; and the Mayor and County Clerk are hereby authorized to execute the original of said authorized and approved Quit-Claim Deed, attached as Exhibit A and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Section for deliverance to the Villegas Parties upon payment of the agreed upon purchase amount.

APPROVED and ADOPTED this 3 rd day of June, 2014.




Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Granato, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to execute the resolution and directing the County Clerk to attest his signature, showing that all Council Members present voted “Aye.”

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Mr. Sim Gill, District Attorney, submitted a letter advising that the Pinal County, Arizona Attorney’s Office has offered to donate $1,000 to benefit the Salt Lake County Children’s Justice Center.

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Mr. Sim Gill, District Attorney, submitted a letter advising that the Friends of Salt Lake County Children’s Justice Center has offered to donate recording equipment (V2 Digital) and carpeting for the South Valley Children’s Justice Center Building. The recording equipment will be used to record child victim and witness interviews at the center. The estimated value of this gift is $56,036.93

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Mr. Sim Gill, District Attorney, submitted a letter advising that the Friends of Salt Lake County Children’s Justice Center has offered to donate furnishings and equipment for the Avenues location and South Valley location of the Children’s Justice Center in order to better serve child victims of crime and family members. The estimated value of this gift is $19,835.09.

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Granato, moved to accept the gifts and forward the declaration of gift forms to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to sign the Declaration of Gift forms, and directing the County Clerk to attest his signature and forward the forms to the donors, showing that all Council Members present voted “Aye.”

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Ms. Nichole Dunn, Deputy Mayor, submitted a letter requesting an interim budget adjustment of $3,769,412 for specific transportation projects in the unincorporated County and for the State overpass project. Funding will be generated from the County Option Vehicle Registration Fee. In addition, $500,000, which was allocated in 2012 into the Municipal Services Capital Project Fund for the State overpass project, will be transferred to the State overpass project budget.

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Granato, moved to approve the request and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. David Gellner, Planning & Development Services Division, reviewed the following rezoning application:

Application #28800 – Charles Thomas, to reclassify property located at 4195 South 700 East from R-1-10 to R-M zone.

Mr. Gellner stated the owner is requesting approval of a zone change from R-1-10 (Single-family Residential) zone to the R-M (High Density Residential) zone on four individual parcels in order to accommodate commercial and office uses. The conceptual renderings submitted by the applicant show a three-story professional office building on this site. The properties to the south and east are zoned R-1-8 and R-1-10 (residential). The property located west and across 700 East is zoned R-M (Residential multi-family/high density residential). The

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Millcreek Community Council and Millcreek Township Planning Commission have both recommended approval with the following zoning conditions:

1) The building height is limited to a maximum of three stories.2) Uses shall be limited to professional and regular offices, assisted living facility, senior

living, and nursing home.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to open the public hearing. The motion passed unanimously, showing that all Council Members present voted “Aye.”

Mr. Charles Thomas, applicant, stated a study is underway to determine the highest and best use for this property.

Council Member Jensen asked if the applicant was comfortable with the zoning conditions as listed.

Mr. Thomas stated yes.

Mr. Wesley Rosendahl stated his home is located directly behind these parcels. He asked if a wall would be built to separate his home from any approved structures on these parcels.

Mr. Gellner stated during the conditional use review process, the Millcreek Township Planning Commission will look at any concerns that need to be mitigated. Generally, a wall or some sort of barrier is required.

Mr. Dee Amos asked if the property was sold whether the conditional use conditions would be carried over.

Mr. Gellner stated the conditions would be attached to the property.

Council Member Horiuchi, seconded by Council Member Granato, moved to close the public hearing, and forward Application No. 28800 to the June 10, 2014, Council meeting with the recommended zoning conditions. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Todd Draper, Planning & Development Services Division, reviewed the following rezoning application:

Application #28823 – Scott Carlson for AES Investment and MRL Real Estate Development to reclassify property located at 3677 Little Cottonwood Road from R-1-10/zc to an R-1-10 and R-1-15 zone.

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Mr. Draper stated the applicant would like to rezone this property to a lesser density zone and to remove the existing zoning conditions. The proposal is to rezone the subject properties as part of a larger plan to subdivide them into legal lots for residential use. A separate subdivision application for this purpose has been submitted. The areas proposed to be classified as the R-1-15 zone would restore those areas back to a previously existing zoning classification. Additionally, the purpose of the rezone is to eliminate zoning conditions placed upon the property that pertained more particularly to a previously proposed PUD development, which was never completed and the application file expired. Accordingly, there are two areas indicated on the attached site plan that are proposed to remain R-1-10, but without the zoning conditions that currently encumber them. The Granite Community Council and the Salt Lake County Planning Commission have both recommended approval.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to open the public hearing. The motion passed unanimously, showing that all Council Members present voted “Aye.”

Mr. Scott Carlson, applicant, stated the goal is to have fewer homes than the current zone would allow. The applicant would like to construct custom homes that would fit in the general area. There are some public utility easements that need to be adjusted on this property as well.

Mr. Draper stated the easement adjustments will be done through a separate application as part of the subdivision request.

Mr. Robert Grow stated the neighbors support this request; it will clean up the area.

Council Member Brudick, seconded by Council Member Hoiruchi, moved to close the public hearing and forward Application #28823 to the June 10, 2014, Council meeting for formal consideration. The motion passed unanimously, showing that all Council Members present voted “Aye.”

Council Member Bradley asked why no staff recommendations were made on these rezoning applications.

Mr. Max Johnson, Planner, Planning and Development Services, stated in order to make it clear that the recommendations for these reclassifications come from the planning commissions and community councils, staff has been instructed not to make recommendations to the County Council. The recommendations from staff are made at the planning commission and community council levels.

Council Member Jensen stated the Council has indirectly put staff in an awkward position when the community councils and planning commission have a different recommendation than staff. This puts staff in a tight spot.

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Council Member DeBry stated the County Council puts a lot of weight on the planning commission recommendations.

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THERE BEING NO FURTHER BUSINESS to come before the Council at this time, the meeting was adjourned at 4:50:28 PM until Tuesday, June 10, 2014, at 4:00 p.m.

SHERRIE SWENSEN, COUNTY CLERK

By ________________________________ Deputy Clerk

__________________________________ CHAIR, SALT LAKE COUNTY COUNCIL

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