· Web viewHowever, he did not think having public input during the Committee of the Whole was a...

D A T E T U E S D A Y A P R I L 9, 2013

1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, APRIL 9, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, APRIL 2, 2013, AT THE HOUR OF 4:02:37 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 BRADSHAWMICHAEL JENSENDAVID WILDESAM GRANATOMAX BURDICKSTEVEN DEBRY, Chair

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYORSIM GILL, DISTRICT ATTORNEYCOUNCIL MEETING: By: RALPH CHAMNESS, DEPUTY DISTRICT ATTORNEYPLANNING & ZONING MEETING: By: THOMAS CHRISTENSEN, DEPUTY DISTRICT ATTORNEYJASON ROSE, LEGAL COUNSEL, COUNCIL OFFICESHERRIE SWENSEN, COUNTY CLERK By: KIM STANGER & LINDA DUFFY, DEPUTY CLERKS

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Council Member DeBry, Chair, presided.

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Ms. Sally Jacobsen, Council Aide, led the Pledge of Allegiance to the Flag of the United States of America.

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Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, March 26, 2013. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Steve Van Maren spoke under “Citizen Public Input” regarding the need for the Council to consider public input prior to voting on an agenda item, especially on the budget.

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However, he did not think having public input during the Committee of the Whole was a good idea, because it will stretch that meeting out too long.

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Deputy Mayor Nichole Dunn read the following proclamation, declaring April 2013, as Child Abuse Prevention Month:

Salt Lake County ProclamationChild Abuse Prevention Month

April 2013

Salt Lake County’s greatest asset is our children. All children deserve to grow up in a safe and nurturing environment to assure they reach their full potential.

WHEREAS, child abuse is a serious problem affecting over 3,500 in the Salt Lake valley annually, and

WHEREAS, child abuse respects no racial, religious, socio-economic or geographic boundaries, and

WHEREAS, all citizens of Salt Lake County should become more aware of child abuse and its prevention within their respective communities and to actively encourage and support parents to raise their children in a safe nurturing environment, and

WHEREAS, decreasing the occurrence of child abuse depends upon the efforts of each of us, in order to make a positive, substantial impact on the children of today who will grow to be the leaders of tomorrow.

NOW THEREFORE, the Mayor and the Salt Lake County Council on behalf of the 1,034,989 citizens of Salt Lake County, Utah, proclaim April 2013 as

CHILD ABUSE PREVENTION MONTH

and I call upon all our citizens to become aware of the impact of child abuse and join in working for its prevention within our communities. ADOPTED on this Tuesday, April 9TH, 2013 in Salt Lake County, Utah.

By /s/ BEN MCADAMS Salt Lake County Mayor

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Deputy Mayor Nichole Dunn read the following proclamation, declaring the week of April 7, through April 14, 2013, as Holocaust Days of Remembrance:

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Recognizing the week of April 7th, through April 14th, 2013 as Holocaust Days of Remembrance

WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945—six million were murdered; Roma (Gypsies), people with disabilities, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons; and millions more, including homosexuals, Jehovah’s Witnesses, Soviet prisoners of war, and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and

WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and

WHEREAS, we the people of Salt Lake County should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and

WHEREAS, we the people of Salt Lake County should actively rededicate ourselves to the principles of individual freedom in a just society; and

WHEREAS, the Days of Remembrance have been set aside for the people of Salt Lake County to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and

WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 7, through Sunday, April 14, 2013, including the Day of Remembrance known as Yom Hashoah, April 8, 2013;

NOW, THEREFORE, I Ben McAdams, Mayor of Salt Lake County, do hereby proclaim the week of Sunday, April 7, through Sunday, April 14, 2013, as

DAYS OF REMEMBRANCE

in memory of the victims of the Holocaust and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of Salt Lake County, should work to promote human dignity and confront hate whenever and wherever it occurs.


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Deputy Mayor Nichole Dunn read the following proclamation, declaring April 7, through April 13, 2013, as Women of Valor Week:

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Women of Valor WeekApril 7-13, 2013

WHEREAS, women, in and out of uniform, have served courageously and valiantly in defense of this nation since the very day of its inception, and;

WHEREAS, women have done so while at the same time serving as wives, mothers, and nurturers to their husbands and children, and;

WHEREAS, women, for decades, have fought-for-the-right-to-fight as fully equal members of the U.S. Armed forces, and;

WHEREAS, women and men in uniform today stand side-by-side in harm’s way in Afghanistan and other hostile environs, and

WHEREAS, in commemoration of its 150th anniversary, the Fort Douglas Military Museum will unveil on its grounds a statue tableau representing all Women of Valor who have well and faithfully served in uniform;

NOW THEREFORE, I, Ben McAdams, Mayor of Salt Lake County, proclaim the week of 7 – 13 April 2013 as “Women of Valor Week,” and ask all citizens during this week to read literature, participate in discussions, attend lectures and artistic events, and to speak with women veterans who have participated in past wars and conflicts, and who have given so much for so long for our great country.


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Deputy Mayor Nichole Dunn read the following proclamation, declaring May 1, 2013, as Loyalty Day:

Loyalty Day Proclamation

WHEREAS, the Veterans of Foreign Wars is America’s largest organization of combat veterans; and

WHEREAS, the VFW represents the best in our traditional American virtues of patriotism, sacrifice and service; and

WHEREAS, the VFW has been a strong and vital advocate of the over 40,000,000 Americans who have served during times of overseas conflict; and

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WHEREAS, the VFW has been instrumental in establishing the Veterans Administration, creating a GI bill, and expanding educational benefits to our active-duty service members: and

WHEREAS, annually, the 1.9 million members of the VFW and its auxiliary contribute more than 8.6 million hours of volunteerism to their various communities; and

WHEREAS, the VFW provides over $3 million in college scholarships and savings bonds to students every year; and

WHEREAS, the VFW provided leadership in establishing Loyalty Day as a national day for affirmation of loyalty to the United States and recognition of our heritage of freedom.

NOW, THEREFORE, I, Ben McAdams, Mayor of Salt Lake County, on behalf of VFW Post #409, do honor their leadership and hereby proclaim May 1st, 2013,

LOYALTY DAY

in Salt Lake County and I urge all citizens to make the day with appropriate activities.

In witness whereof, I have hereunto set my hand and caused to be affixed the Seal of Salt Lake County, this 9th day of April 2013.


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Deputy Mayor Nichole Dunn read the following proclamation, declaring April 9, 2013, as Mayor’s Day of Recognition for National Service:

ProclamationRecognizing April 9th, 2013 as Mayors Day of

Recognition for National Service

WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and

WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and,

WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our cities and nation, from educating students for the jobs of the 21st century and supporting veterans and military families to preserving the environment and helping communities recover from natural disasters; and

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WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and

WHEREAS, national service participants serve in more than 70,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and

WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and,

WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and,

WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and

WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with mayors across the country to support the Mayors Day of Recognition for National Service on April 9, 2013.

THEREFORE, BE IT RESOLVED that I, Ben McAdams Mayor of Salt Lake County, do hereby proclaim April 9, 2013, as

NATIONAL SERVICE RECOGNITION DAY

and encourage residents to recognize the positive impact of national service throughout Salt Lake County, to thank those who serve; and to find ways to give back to their communities.


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Council Member Horiuchi spoke under “Report of Council Members” stating the company he works for cosponsors the Six County Economic Development Conference in Richfield every year. While attending this year, he met with commissioners from Millard County who expressed their gratitude for Salt Lake County’s support in opposing an agreement with

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Nevada to allow it to pump water from the Snake Valley aquifer. This is a message to other Utah rural counties that Salt Lake County is there for them.

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Council Member Wilde spoke under “Report of Council Members” stating he attended an Executive Board meeting Thursday, April 4, and Friday April 5, 2013, at which the Board traveled to Juab, Piute, Sanpete, Sevier, and Wayne Counties, and met with the elected officials in those counties. Those rural counties are having difficulties. For example, Piute County ranchers are having a difficult time getting permits from the Bureau of Land Management to graze livestock. If they cannot graze their livestock soon, they may go out of business. This visit made him appreciative of being an elected official in an urban county, and grateful for the Utah Association of Counties for its support.

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Council Member DeBry spoke under “Report of Council Members” recognizing the passing of Prime Minister Margaret Thatcher from Great Britain. She was a great world leader who was highly thought of. She, along with President Ronald Reagan, was responsible for bringing down the Berlin Wall.

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Council Member Bradley spoke under “Report of Council Members” lauding K. Wayne Cushing, Treasurer, for setting an all-time record of 96.8 percent for collecting taxes. He has made changes in the Treasurer’s Office that brought about better efficiency.

Ms. Nichole Dunn, Deputy Mayor, stated on the tax due date, the County usually has long lines and a lot of questions, but that was significantly reduced this year. The Treasurer’s Office is providing great customer service.

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Mr. David Johnson, Deputy District Attorney, submitted a letter recommending denial of the GRAMA appeal filed by Kyle Prall regarding the decision of the Salt Lake County Sheriff’s Office.

Council Member Bradshaw, seconded by Council Member Jensen, moved to authorize the Council’s Legal Counsel to write a “Findings of Fact and Conclusion of Law,” and authorized the Chair to sign the decision and deliver it to the Council Clerk’s Office for mailing. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Council Member DeBry submitted a letter addressed to Governor Gary R. Herbert expressing the Council’s appreciation for rejecting the agreement with Nevada that would have permitted the pumping of billions of gallons of water from the Snake Valley aquifer, and encouraging the Governor when renegotiating terms of a new agreement to remain mindful of how this will affect counties in Utah.

Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the letter, and authorize the Chair to send it to the Governor. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Deputy Mayor Nichole Dunn submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL AGREEMENT between Salt Lake County for its Office of Business and Economic Development and the Redevelopment Agency of Draper City (RDA) – Change to Original Interlocal Agreement with Draper City for the Draper FrontRunner Community Development Project Area. On March 19, 2013, the Council approved Resolution No. 4692, authorizing execution of an interlocal agreement with the Redevelopment Agency of Draper City for the Draper FrontRunner Community Development Project Area, for which Salt Lake County will pay 70 percent of the tax increment attributable to its tax levy, including the levy for the Library, on both real and personal property within the project area. This agreement changes paragraph 10 of the original interlocal agreement to allow a developer to borrow against future tax increment from Draper City and Salt Lake County, and retains a termination right for the RDA in the event the developer fails to pay its contractors on time. All other terms and conditions of the original agreement remain unchanged:

RESOLUTION NO. 4694 DATE: April 9, 2013

RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE REDEVELOPMENT AGENCY OF DRAPER CITY (“COMMUNITY DEVELOPMENT PROJECT AREA – DRAPER FRONTRUNNER”)

The Legislative Body of Salt Lake County resolves as follows:

WHEREAS, the Utah State Legislature provided under Utah Code Ann. § § 11-13-101, et seq., that any two or more public agencies may enter into agreements with one another for joint or cooperative action;

WHEREAS, Salt Lake County and the Redevelopment Agency of Draper City, as local government entities, desire to enter into an Interlocal Cooperation Agreement, for the sharing of the Tax Increment from the Community Development Project Area – Draper FrontRunner as set forth in the Agreement;

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NOW, THEREFORE, BE IT RESOLVED BY THE Salt Lake County Council that the Interlocal Agreement as attached as Exhibit “A”, between Salt Lake County and the Redevelopment Agency of Draper City is approved and the Salt Lake County Mayor is authorized to execute the same.

IT IS FURTHER RESOLVED by the Salt Lake County Council that the Interlocal Agreement between Salt Lake County and the Redevelopment Agency of Draper City approved by this Council on March 19, 2013 shall be replaced by the Interlocal as attached as Exhibit “A”.

1APPROVED and ADOPTED this 9 th day of April, 2013.

SALT LAKE COUNTY COUNCILATTEST (SEAL)

By /s/ STEVEN DEBRY Chair

By /s/ SHERRIE SWENSEN County Clerk

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, 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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Ms. Emily Farmer, an employee of the Office of Business and Economic Development, submitted a Disclosure of Private Business Interests form advising the Council that she is a member of the Economic Development Revolving Loan Fund Review Committee.

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Mr. Timothy Loftis, an employee of the Community Resources and Development Division, submitted a Disclosure of Private Business Interests form advising the Council that he is a member of the Economic Development Revolving Loan Fund Review Committee.

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Ms. Karen Wiley, an employee of the Community Resources and Development Division, submitted a Disclosure of Private Business Interests form advising the Council that she is a member of the Economic Development Revolving Loan Fund Review Committee, and the co-owner of Elkay Consulting providing construction management consultation. In addition, she

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is married to the District 31 representative of the Utah House of Representatives who is also a board member for the Columbus Community Foundation.

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Mr. Brandon Sorenson, an employee of the Community Resources and Development Division, submitted a Disclosure of Private Business Interests form advising the Council that he is the program coordinator for the Salt Lake County Homeless Coordinating Council.

Council Member Bradshaw, seconded by Council Member Jensen, 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 P. Hawkins, County Auditor, submitted letters recommending reduction of 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 the appropriate interest, be issued to the taxpayers:

Taxpayer Parcel No. Year Reduction Refund

C&H Apartments 08-33-426-007 2011 $ 60,213.72 to $45,005.10 $15,208.62

Salt Lake City Hospitality 15-01-455-011 2011 $105,749.57 to $93,114.00 $12,635.57

The Market 27-01-377-007 2011 $ 40,181.49 to $32,654.60 $ 3,345.40

Highland Ascent 16-15-360-014 2011 $ 2,004.98 to $ 1,783.91 $ 221.0716-15-360-022 2011 $ 1,954.62 to $ 1,741.23 $ 213.3916-15-360-030 2011 $ 2,168.86 to $ 1,826.59 $ 342.2716-15-360-023 2011 $ 3,270.78 to $ 2,789.39 $ 1,488.34

Larry & Della Wood 22-07-480-010 2011 $ 1,304.63 to $ 1,210.95 $ 93.68

Shared Equities B 21-18-426-011 2011 $ 967.28 to $ 925.23 $ 42.05

Bruce Thomas 20-25-177-004 2011 $ 1,870.00 to $ 1,645.60 $ 224.40

Robert & Kellie Wood 22-09-377-013 2012 $ 4,119.22 to $ 3,787.78 $ 331.44

Susan Mack 09-32-356-013 2012 $ 3,658.78 to $ 3,304.54 $ 354.24

Nancy & Dale Smith 27-03-301-024 2012 $ 3,370.76 to $ 3,003.96 $ 366.80

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Elizabeth Mangrum 28-02-130-015 2012 $ 6,318.42 to $ 5,660.82 $ 657.60

CTS Leasing 15-36-230-001 2011 $ 7,434.25 to $ 6,297.15 $ 1,137.10

West Valley Properties 21-05-351-032 2011 $ 14,649.20 to $12,415.95 $ 2,233.25

Brinton & Paula Webb 33-09-478-010 2011 $ 1,753.65 to $ 1,552.50 $ 201.1533-09-478-012 2011 $ 1,737.45 to $ 1,552.50 $ 184.95

Brivan 27-01-330-004 2011 $ 4,709.68 to $ 4,304.47 $ 405.2127-01-330-005 2011 $ 4,709.68 to $ 4,304.47 $ 405.21

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Mr. Lee Gardner, County Assessor, submitted a letter recommending approval to redirect the 2011 delinquent privilege tax bill, with penalties and interest, from Robert Thatcher to Brent Ferrin, and prorate the 2012 delinquent privilege tax from $142.60 to $65.56, and redirect it to Mr. Ferrin.

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Mr. Lee Gardner, 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

Rhonda S. Calwell 2012 $ 80.00

Richard L. Cordova 2013 $110.00

Lois A. Giles 2013 $110.00

Joseph D. Ham 2013 $150.00

Jeffrey N. Murphy 2013 $ 70.00

Elaine E. Taliaferro 2013 $ 10.00

Mark Taylor 2013 $150.00

Sivale T. Michalke 2012 $ 50.00

Franklin L. Ayrton 2012 $ 18.332012 $ 15.00

John S. Rail 2012 $110.00

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Juanita G. Corbett 2013 $ 13.00

Nicole R. Craig 2013 $113.00

Jeffery C. Davis 2013 $153.00

Todd R. Heaps 2013 $ 83.00

Noel Hicks 2013 $ 83.00

Diana P. Monzo 2013 $153.00

David L. Morrison 2012 $153.00

Wendy International 2013 $113.00

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Mr. Lee Gardner, County Assessor, submitted a letter recommending the Utah State Tax Commission be reimbursed in the following amounts for the Salt Lake County tax portion and emission fees of the Motor Vehicle returned checks and reversed transactions as itemized in the below-listed invoices:

Invoice Number Reimbursement

13-557 $ 449.0013-632 $1,049.20

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Mr. Lee Gardner, County Assessor, submitted letters recommending attaching the administrative fee and applicable interest to the following properties for failure to pay delinquent taxes, and that the properties be certified to the 2013 May Tax Sale:

Parcel No.

15-22-476-013-000016-28-428-036-0000

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Mr. K. Wayne Cushing, County Treasurer, submitted a letter requesting that 20 uncollectible returned checks totaling $1,850.99 and uncollectible returned check fees and charges totaling $4,859.53 be purged from the records and the items and related files transmitted to archives for destruction.

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Council Member Bradshaw, seconded by Council Member Jensen, 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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Mr. Gregory P. Hawkins, County Auditor, submitted a letter recommending that the following properties previously withdrawn from prior year tax sales be recertified for the 2013 May Tax Sale as the cause of the original withdrawal has been remedied:

Taxpayer Parcel No.

HFBO Holdings 15-02-332-004-0000

Marilynn Phipps 15-02-456-016-0000

Wallace E. Leggroan 16-33-226-013-0000

Land Solutions 21-22-302-035-0000

Createrra 21-26-451-001-0000

Robbe T. Rigby & Kim R. Barnett 21-36-378-019-0000

21-36-378-020-0000

Norman Q. Chow 22-07-104-013-000022-07-104-022-0000

Cannon-Papanikolas Const. 22-09-329-047-0000-102

Rena Bailey 22-19-201-021-0000

Iron Blossom Home Owners 22-26-204-065-0000

Cambridge Village Office Park 27-10-454-021-000027-10-454-022-0000

Dennis & Annette Taylor 27-33-101-030-0000

IE Investment Limited 28-03-126-012-0000-102

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Mr. Gregory P. Hawkins, County Auditor, submitted a letter, requesting authorization to withdraw the following properties from the 2013 May Tax Sale, which are deemed to have title, description, or other deficiencies, or are found to be in the best interest of the public not to be sold at the sale:

Taxpayer Parcel No.

Waste Control Management 14-16-102-002-000014-16-104-001-000014-16-105-001-000014-16-105-003-000014-16-105-005-000014-16-105-006-000014-16-106-001-000014-16-106-002-000014-16-107-008-000014-16-101-001-000014-16-103-002-000014-16-103-003-000014-16-103-004-000014-16-103-005-000014-16-104-002-000014-16-107-004-000014-16-107-007-000014-16-107-009-0000

Tamara Parson & Others 92-60-658-000-0050

Big Cottonwood Sand & Gravel 92-70-095-000-300892-70-095-000-0025

Worthington Landscape 92-75-947-000-0070

Robert J. & Brandy J. Peck 14-29-429-027-0000

Jason H. & Holly M. James 32-02-429-004-0000

Glenn L. Edwards 15-12-279-003-0000

Gilroy Family Limited 07-31-200-002-0000

KRE Properties 07-36-201-004-0000

John R. Cornelison 16-13-300-008-0000

Cresent Silver 24-32-400-007-5001-105

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24-32-400-007-5001-104

Ivory Homes 27-29-152-002-0000

Dorothy C. Kitt 28-01-178-002-5001-10128-01-178-002-5001-102

Aeroflight Executive Services 91-05-006-000-0380

Pan American World Airways 91-05-646-000-005091-05-646-000-0100

Pace Airlines 91-05-649-000-0380

Pacific Jet 91-05-650-000-0380

Spirit Aviation 91-05-726-000-0380

Integra Telecom 91-40-404-000-0380

Ross L. Andra 92-60-039-000-0050

Carol & Nicholas C. Bird 92-60-098-000-0050

L/Bowers Booth, I U/Mitchell 92-60-105-000-0050

Great Western Mines 92-60-329-000-0050-103

Robert McSimonds 92-60-519-000-0050

Mid-Park Mining 92-60-532-000-0050

Sierra Partners 92-60-766-000-1960

Metro West Ready Mix 92-70-529-000-0080

Edwin R. Beaty 92-75-078-000-0050

W W & W B Gardner 92-75-305-000-0050

Gibbs Machinery & Excavating 92-75-314-000-0050

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

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THIS BEING THE TIME heretofore set for a public hearing to receive input with respect to: 1) The use of the proceeds of the County’s Sales Tax Revenue Bonds, Series 2010D (Federally Taxable-Direct Pay-Build America Bonds) that have been issued in the aggregate principal amount of $33,020,000, to finance all or a portion of the acquisition, construction, and improvement of a) a new building for the District Attorney’s Office, including land for parking; b) a new fleet building; c) a new health building; d) a new senior center expected to be located in Midvale City, Utah; and e) land near the Salt Palace; and 2) the potential economic impact that the projects will have on the private sector.

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. Steve Van Maren asked if the public could have more background on this.

Council Member Bradshaw explained the County let a bond in 2010, the proceeds of which were originally slated to build the District Attorney building. However, the Council has not yet approved that project, and the bond money has to be spent. Today, the Council is taking public input on amending the bond documents to allow the County to use those bond proceeds on other projects.

Mr. Craig Wangsgard, Deputy District Attorney, stated under the Internal Revenue Service regulations, the bond proceeds are required to be spent within three years of issuance of the bonds.

Ms. Nichole Dunn, Deputy Mayor, stated the projects listed have been approved by the Council and funded through the budget, and the County would have bonded for them with a new bond. The County is using the bond that has to be spent for these projects, and will do a new bond for the District Attorney’s building. Essentially, the County is just swapping bonds in order to meet the IRS timeline requirements.

Mr. Van Maren asked if this was not approved, if the bond money would go back to the bond issuers, and what the consequence was if the County did not meet the IRS regulations.

Mr. Wangsgard stated the bonds are Build America Bonds, based on sales tax revenues, and they are not callable until 10 years out. If the County does not spend the bonds, it would be penalized for arbitrage. The arbitrage would not be overly expensive because returns on investment are so much lower than the amount the County is paying on interest. However, it would be a waste not to put the money to some use, especially when the County is

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already moving forward with the health and fleet buildings, and the County’s option to buy the Salt Palace property expires in 2016.

Mr. Doug Fulmer, citizen, stated he thought the public was here to talk about using the bond proceeds for the District Attorney building. He did not think it was appropriate to spend this money on other projects. The public was told this would be used to build a new District Attorney building, and not doing that is a disservice to the trust of the people. The District Attorney building should be the first priority. The District Attorney’s Office needs a building; it has been looking for a permanent location for more than 10 years. The County should have moved forward with that by now using these bond proceeds. The $33 million bond proceeds should have been more than enough to build the building. The building does not need to be a Taj Mahal, nor a zero energy building, but it needs to be sustainable and economical. Then, once the County starts spending the bonds, the tax problem will go away. The County just needs to show the IRS the project is in process; it does not have to fully spend the bonds.

Mr. Wangsgard stated the bond proceeds have to have 95 percent spent within three years of the issuance of the bonds to meet the arbitrage rules. The District Attorney’s Office will have a formal resolution on next week’s agenda for Council approval.

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

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Mr. Neil Sarin, Deputy District Attorney, introduced an ordinance regarding the name change in the definitions of the Board of Health and Health Department. (Final adoption of this ordinance will be considered at the Tuesday, April 16, 2013, Council meeting).

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Burdick, seconded by Council Member Horiuchi, moved to forward the ordinance to the 4:00 p.m. Council meeting for formal introduction. The motion passed unanimously.] The Council motion passed unanimously, forwarding the ordinance to the Tuesday, April 16, 2013, Council meeting for formal consideration, showing that all Council Members present voted “Aye.”

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Mr. Neil Sarin, Deputy District Attorney, introduced an ordinance regarding the creation, authority, membership, powers and duties of the Salt Lake County Board of Health, and the appointment, powers, and duties of the director of Health and Public Health Rules and Regulations. (Final adoption of this ordinance will be considered at the Tuesday, April 16, 2013, Council meeting).

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Burdick,

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seconded by Council Member Horiuchi, moved to forward the ordinance to the 4:00 p.m. Council meeting for formal introduction. The motion passed unanimously.] The Council motion passed unanimously, forwarding the ordinance to the Tuesday, April 16, 2013, Council meeting for formal consideration, showing that all Council Members present voted “Aye.”

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Mr. K. Wayne Cushing, County Treasurer, submitted a letter requesting approval of the report of the 2012 Annual Final Settlement of Taxes Collected.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, 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. Mark E. Kleinfield, Hearing Officer, submitted the following recommendations of business license appeals for late payment penalty of the business license renewal fee:

Recommended to rescind the $32.50 penalty charged:

Precision Therapy Body Work & Massage

Recommended denial of the appeal:

B. Petersen InvestmentsAssociated Window CleaningDavid L. McCann, MDLaboratory Corporation of AmericaScott R. Stein, DDSMark Costumes

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the recommendations 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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Ms. Erin Litvack, Director, Community Services Department, submitted a letter requesting approval to amend the Salt Lake County Cultural Facilities Master Plan and Support

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Program, including the regional cultural center definition and criteria, criteria and conditions for schools as a community cultural arts facility, and capital expenses criteria.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the votes taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, moved to add the following language to Section Four of the Criteria & Conditions for Schools as a Community Cultural Arts Facility:

Provide defined procedures of policies for booking, advertising, and presentation of cultural activities that distinguishes the school’s policy from the community art facility policy in an effort to protect and reserve the right of the public free speech as guaranteed under the First Amendment to the United States Constitution.

The motion passed 8 to 1 with Council Member Wilde voting in opposition.

Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the amended document as presented by the Community Services Department. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Seth Jarvis, Director, Clark Planetarium, submitted a letter advising that Mountain West Small Business Finance has offered to donate $2,500 to support science education programs.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, moved to accept the gift 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 Declaration of Gift Form and directing the County Clerk to attest his signature, and forward it to Mountain West Small Business Finance, showing that all Council Members present voted “Aye.”

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Mr. Russ Wall, Director, Public Works Department, submitted a letter requesting approval to fill a Traffic Signal Worker 15/17 position and a Construction Project Inspector 22/24 position.

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Mr. Gary Ott, County Recorder, submitted a letter requesting approval to fill four Land Recorders Specialist 17/19/21 positions.

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Ms. Sherrie Swensen, County Clerk, submitted a letter requesting approval to fill a Management Analyst 28/30 position.

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Mr. James Cooper, Director, Library Services Division, submitted a letter requesting approval to fill the following positions:

FTE Position Location

1.00 Associate Director 36 Library Administration .50 Library Assistant 19 Jail Library Services1.00 Custodial Maintenance Worker 13 West Valley Library .50 Custodial Maintenance Worker 13 Viridian Events Center .50 Library Shelver 11 Holladay Library

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Jensen, seconded by Council Member Horiuchi, moved to approve the requests 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. Spencer Sanders, Planning & Development Services Division, reviewed the following rezoning application that were heard during the April 2, 2013, Council meeting and forwarded today for consideration:

Application #28268 – Michael Winder to reclassify property located at 4415 S. Garden Dr. (790 E.) from R-1-10 to R-4-8.5 zone. (4:46:43 PM)

Council Member DeBry stated the public hearing has been continued from the April 2, 2013, Council meeting. The applicant wants to add seven units to an existing 10-unit dwelling group and update the existing units and the site. The proposed concept plan includes two three-unit buildings, located in the center of the existing development, and one one-unit building between two existing buildings on the west side of the development. He did some research on crime in the area, and pulled a list of phone calls to the Unified Police Department (UPD) and crimes that been reported from the UPD records. (The list is on file in the Council Clerk’s Office.) He reviewed the police activity that occurred at two addresses in the area: 4443 South and 4415 South Garden Drive.

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Council Member Horiuchi, seconded by Council Member Jensen, moved to ratify the Millcreek Township Planning Commission’s and Millcreek Community Council’s recommendations to reclassify the property from R-1-10 to R-4.8.5 zone, with a couple of caveats: 1) That the Council ask the Planning & Development Services Division to inculcate the Council’s concerns in the conditional use process; and to ask Andrea Pullos, Transportation Engineer, Engineering/Flood Control Division, to look at possible options to reduce traffic on Garden Street, such as “no parking” signs or speed bumps, and in and out of the project to make it as safe as possible and to forward this Application to the April 16, 2013, Council meeting for formal consideration.

Council Member Jensen, seconded by Council Member Burdick, moved to open the public hearing. The motion passed unanimously. Council Member Snelgrove was absent for the vote.

Council Member Horiuchi stated the property was originally zoned R-2-10, but he and Council Member Bradley downzoned it to R-1-10 in 1997. As a result, structures became illegal non-conforming. He thought erecting three more buildings on the property would be too tight. He asked if decreasing the proposed density would hurt the project.

Council Member Bradley stated the current zoning would not allow for any construction whatsoever.

Mr. Michael Winder, applicant, stated the current zoning would allow for a single family house.

Mr. Thomas Christensen, Deputy District Attorney, stated the property needs to be rezoned in order for the applicant to increase the density.

Council Member Bradley asked if the Council granted a zone change, what latitude the Planning and Development Services Division would have to limit the size of the development in the next step of the process.

Mr. Christensen stated the applicant would have to go through a conditional use process, at which time the Millcreek Township Planning Commission could put a zoning condition on the property limiting density and height.

Mr. Winder asked the Council to ratify the Millcreek Township Planning Commission’s recommendation approving the zone change to give the owners the broadest canvas possible to configure what made sense. The current design is preliminary; another design might make more sense. A number of things will be looked at during the rigorous conditional use process.

Ms. Vera Schrader spoke in opposition to the zone change, stating she has lived in the area for 61 years, and has never liked the duplexes. Allowing them to be built in a single dwelling area downgraded the neighborhood. She did not think it was feasible for the applicant to do what he was requesting because there is not enough space there. Adding more units will

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limit parking and children’s play areas, and the increased number of vehicles pulling in and out of there would make it unsafe for children. Additionally, Garden Drive already has heavy traffic, as it is off two busy streets – 4500 South and 900 East.

Ms. Barbara Allcott spoke in opposition to the zone change, stating traffic along Garden Drive and in and out of the apartment driveway is so heavy, she cannot even get out of her driveway. Garden Drive is used as a turn-around for much of the 4500 traffic. Then, drivers speed along Garden Drive, some have even hit and killed animals and damaged parked cars. The road is very narrow, partially from an irrigation ditch that runs along the road, and also because a sidewalk was put in two years ago. Now there is nowhere to park on the street. Furthermore, there is a lot of crime in the area. She has witnessed rival gangs, knifings, and drug lords parking in front of the apartments and duplexes on Garden Street distributing drugs. She has lived there for 20 years, and has yet to see more development help resolve these kinds of problems. The area has become so over-developed neighbors are losing their quality of life.

Council Member DeBry asked if vacant and grassy areas were more conducive to lowering crime or if having more families living in the area would improve the quality of life. He thought some of the homes in the area looked a lot worse than the duplexes do.

Ms. Allcott stated keeping the open space allows fewer places for criminals to

hide. The drug trafficking and other crimes are occurring in the nooks and crannies. Lowering the fences to fight crime will not work because dogs are allowed in the complex. She suggested turning the grassy area into a playground for children and a community area to attract residents and deter criminals.

Council Member DeBry stated property owners have the right to do what they want with their property. Government can only dictate to a point.

Council Member Burdick stated government will dictate as far as density and the site plan, and code issues will be looked at as well. Government is always looking to find the highest and best use of property. He hoped it could help make this piece of ground better, while enabling affordable housing in the area. He was concerned about the density and suggested reducing the number of units on the east boundary, and opening up the area between them. Also, having a visible playground would help attract renters as it is an amenity, although the playground needs to be built in an area where children will be safe.

Council Member Wilde asked if neighbors had known about the Millcreek Township Planning Commission meeting on February 13, since there was only one neighboring resident in attendance, and why the Planning Commission recommended approval if that resident objected.

Ms. Schrader stated she was there, but did not know why the Planning Commission recommended approval. Building more buildings is not feasible; it will be too compact. That said, the apartments look better now than they have in the past. Somebody has done a lot of remodeling and updating there.

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Mr. Winder stated he knocked on doors and spoke to many people in January, some of whom were supportive and want to see their neighborhood improved. When the owners bought the property, some of the duplexes were condemned. Since then, they have redone the roof of the structures, the areas around them, and the sidewalks along Garden Drive. They want to be a good quality neighbor and are committed to continuing to improve the property, i.e. the fencing, potholes, water issues, circulation issues, put in a playground, update the landscaping to fit with the County’s water-wise landscaping ordinance, and work on the traffic issue. However, to do that, they need to increase the density. He asked the Council to ratify the Planning Commission‘s decision.

Council Member Jensen, seconded by Council Member Bradley, moved to close the public hearing. The motion passed unanimously, showing that all Council Members present voted “Aye.” Council Member Snelgrove was absent for the vote.

Council Member Bradley stated he was convinced the zone change was necessary in order for the owners to continue improving the property; however, the question is what the appropriate amount of units would be to achieve the appropriate ambience, keep the children safe and allow them a meaningful play area, and upgrade the property. He would be following this through the conditional use process to make sure people are treated fairly and their voices heard.

Council Member Horiuchi stated he would urge the developer to continue visitations with people who live in the area.

Council Member Bradshaw stated there will be an additional opportunity for the public to provide input as part of the actual project comes together.

Council Member Wilde stated he would be voting in favor of the motion to honor the Planning Commission’s recommendation. The planning commission process was put in place to respect the concerns of townships and their communities, and to give them more local control, rather than taking decisions out of their hands.

Council Member Horiuchi, seconded by Council Member Jensen, moved to ratify the Millcreek Township Planning Commission’s and Millcreek Community Council’s recommendations to reclassify the property from R-1-10 to R-4.8.5, with a couple of caveats: 1) That the Council ask the Planning & Development Services Division to inculcate the Council’s concerns in the conditional use process; and to ask Andrea Pullos, Transportation Engineer, Engineering/Flood Control Division, to look at possible options to reduce traffic on Garden Street, such as “no parking” signs or speed bumps, and in and out of the project to make sure make it as safe as possible and to forward this Application to the April 16, 2013, Council meeting for formal consideration. Council Member Burdick amended to motion to ask the owners to look at the site plans and reduce the number of units on the east boundary and open up the area between them, and to relocate the playground area. Council Member Horiuchi accepted the amendment. The motion passed 8 to 1, showing that all Council Members present voted “Aye,” with the exception of Council Member Granato who voted “Nay.”

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Council Member Granato stated he wanted to be the voice of the people, and what he heard today and last week, was that this would not work.

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Mr. Spencer Sanders, Planning & Development Services Division, reviewed the following rezoning application that were heard during the April 2, 2013, Council meeting and forwarded today for consideration:

Application #28270 – Laurel Osborn to reclassify property located at 2254 & 2257 E. Alva Circle (3510 S) and 3502 S 2300 E from R-1-10 and R-2-10 to R-1-21 zone. (5:20:36 PM)

Council Member Horiuchi stated the Council is concerned with the animal limits if it approved the reclassification to R-1-21 zone. He suggested instructing Jason Rose, Legal Counsel, Council Office, and the Planning & Development Services Division to draft a neighborhood agricultural zone ordinance, mirrored after the dog kenneling ordinance, which would require property owners to license their animals. That way, the County could control the number of animals, the species, and the size of an animal. The ordinance could also include a requirement to have manure towed from the property on a weekly basis to keep the odor down. It made sense to encourage urban farming wherever it would be appropriate, but each case is different. An ordinance would allow the Council to consider each property separately.

Council Member Horiuchi moved to continue this request until the County adopts a new ordinance, after which, the Council will bring this issue back and vote on it under the new ordinance.

Council Member DeBry asked if there were any legal ramifications with that proposal.

Mr. Thomas Christensen, Deputy District Attorney, stated yes. The law provides that when someone files an application, they are entitled to be considered under the ordinance that exists, and there has to be a time limit on continuing a decision. Adopting a new ordinance will take time. It can be drafted right away, but it will have to go through the community councils for review before it can be adopted. Today, the Council can approve, deny, or continue the application, or the applicant can withdraw. If the applicant is willing to withdraw or the Council denies the request, the Council has the authority to waive the fees if Ms. Osborne were to reapply under a new ordinance. That would be better than continuing the request.

Council Member Burdick stated he supported the County’s urban farming effort as it pertains to growing crops and to enhance food supplies, but he was not in favor of downzoning for the purpose of allowing property owners to keep, raise, breed, or slaughter large animals, especially if the property is close to or adjacent to another residential zone that does not have a similar zone. That would devalue the surrounding properties, and in the event those property owners wanted to sell their property, it would reduce the sale-ability of their home and the number of buyers wiling to live there. Large animals bring flies and create odors, and they

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are noisy. He was also concerned with the location of the waterway on this property because it is a watershed.

Council Member Bradley stated the Council would be able to address those issues through an ordinance. A new ordinance would allow a deliberative body like the Council or a planning commission to determine the quantity of animals that would be permitted on a parcel of property, dependent on the size of the property. The current R-1-21 zone allows an upper limit of animals, which would not fit into the neighborhood environment. The Council should accommodate neighborhood agricultural requests if the parcel is large enough. Each of these isolated requests is unique, so it would be helpful to have a broad ordinance in place when one of these requests came up. He asked if Ms. Osborn was willing to withdraw her application until the Council passed such an ordinance.

Ms. Laurel Osborn, applicant, asked if a withdrawal was preferable to a continuance.

Council Member DeBry stated the Council will not continue at this point.

Council Member Jensen stated it sounded to him like the Council needed to officially deny the request, but with a proviso to waive the fees if Ms. Osborn reapplies under the new ordinance.

Mr. Christensen stated another option to have the fees waived is for the applicant to withdraw.

Council Member Jensen, seconded by Council Member Granato, made a substitute motion to deny the application, but instruct the Planning & Development Services Division to waive the fees for Ms. Osborn if she reapplies under the new ordinance.

Council Member Bradshaw stated if an applicant is denied, they cannot reapply for a year. He asked if that would still apply if the ordinance changed, since they would not actually be applying for the same thing.

Mr. Christensen stated if the circumstances or ordinance changes after the applicant is denied, the applicant would be able to reapply prior to the one-year period.

Council Member Bradshaw asked Ms. Osborn if she would prefer to withdraw or be denied.

Ms. Laurel Osborn stated she would prefer to withdraw provided the fees could be waived.

Council Member Bradshaw asked if the Council could make a motion to direct the staff to draft the new ordinance, and waive the fees in that motion.

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Council Member Wilde stated if the Council waived the fees now, it would essentially be binding a future Council. The fee waiver should be done at the time Ms. Osborn reapplies.

Mr. Christensen stated the Council does not need a motion to waive the fees. Ms. Osborn has already paid the fees and would not have to pay them again, but she would have to start again at the planning commission level under the new ordinance.

Mr. Spencer Sanders, Planning & Development Services Division, stated if the existing language in the ordinance is changed to allow this new use that Ms. Osborn is asking for, her application would just need to go to the Millcreek Township Planning Commission and the East Millcreek Community Council under a conditional use; it would not necessarily have to come back to the Council.

Ms. Osborn withdrew her application.

Council Member Bradley moved to direct the Planning & Development Services Division and Jason Rose, Legal Counsel, Council Office, to start drafting a neighborhood agricultural zone ordinance with all the elements the Council has discussed.

Council Member DeBry stated the Council does not need a motion; it can direct Julie Peck Dabling, Open Space Manager, Mayor’s Office, to start drafting an ordinance with the appropriate staff.

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THERE BEING NO FURTHER BUSINESS to come before the Council at this time, the meeting was adjourned at 5:39:48 PM until Tuesday, April 16, 2013, at 4:00 P.M.

SHERRIE SWENSEN, COUNTY CLERK

By ________________________________ Deputy Clerk

__________________________________ CHAIR, SALT LAKE COUNTY COUNCIL

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