Council Members s8

D A T E T U E S D A Y F E B R U A R Y 25, 2014 1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, FEBRUARY 25, 2014, PURSUANT TO ADJOURNMENT ON TUESDAY, FEBRUARY 11, 2014, AT THE HOUR OF 4:03:43 PM AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1100, SALT LAKE CITY, UTAH.

COUNCIL MEMBERS PRESENT: RANDY HORIUCHI RICHARD SNELGROVE JIM BRADLEY ARLYN BRADSHAW AIMEE NEWTON SAM GRANATO STEVEN DEBRY MAX BURDICK1 MICHAEL JENSEN, Chair

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR By: NICHOLE DUNN, DEPUTY MAYOR SIM GILL, DISTRICT ATTORNEY JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE SHERRIE SWENSEN, COUNTY CLERK By: KIM STANGER & LINDA DUFFY, DEPUTY CLERKS

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Council Member Jensen, Chair, presided.

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Mr. Jacob Frederick, Boy Scout, 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 Granato, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, February 4, 2014, and Tuesday, February 11, 2014. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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1 Participated electronically 1 D A T E T U E S D A Y F E B R U A R Y 25, 2014

Mr. Matthew Falkner spoke under “Citizen Public Input” stating he posted a public notice today, from which he read the following portions:

To all who may see these presents greeting:

TAKE NOTICE,

1. The People of Utah, as citizens of the County and the Territory of Salt Lake, as well, and as now pending, citizens of other counties and territories of Utah, as to their respective counties accordingly, are impaneling and convening grand juries. This is unprecedented under the status quo, but that makes it no less legal under the law, and Utah statute is subject to it. We are seeking public hearings in each county to address all good faith public concerns and other compelling issues.

2. Beyond legal, what we are doing is protected, by the U.S. Constitution, applicable precedent, and criminal laws. We're acting in good faith to abide by, and utilize the law for the equal protection and benefit of the People. We hope and expect the same from all applicable counties.

3. The proposed preliminary plan is outlined in this notice. There is no Utah statute that specifies who exclusively may impanel a grand jury. There is, however, a statutory process for grand jury selection. Absence of statute doesn't mean government may, and the People may not. Statutes are cited in this notice to clarify.

4. Doctrines of necessity and equity at common law formed our Constitutions, the Bill of Rights, the Declaration of Independence, and the Magna Charta. The same doctrines compel us now, to lawfully exercise them through the political arm of the People, which is the grand jury.

5. Under supreme, ratified precedent, the People may assume, not only among the powers of the Earth, but among their inherent and lawfully recognized powers, a separate and equal station to which the laws of nature, and all other laws entitle them.

6. A decent respect to the opinions of the People of Utah and all applicable territorial government leaders requires us to declare the causes impelling us to such unprecedented action. To secure equality and rights, grand juries are being instituted, deriving their just powers from the consent of the governed, so that whenever any form of territorial government becomes destructive of these ends, it will be their right and duty to address it, to perfect our government sureties,

2 D A T E T U E S D A Y F E B R U A R Y 25, 2014 upholding and supporting the foundations of law on such principles, and providing meaningful oversight to all powers in such form, for the People's safety and happiness.

7. Prudence dictates that the long established methods of law under the status quo should not be found insufficient for light and transient causes. A long train of abuses have pursued the People of Utah, and the same object evinces a design to reduce them toward despotism. We must provide new guards for the future security of our Counties. To prove this, let the facts be submitted candidly to the People of the territories of Utah, and all applicable government leaders and this committee.

10. Law, justice, and constitutionality are being sold out to "necessity" and "equity", while necessity and equity demand law, justice, and constitutionality. The doctrine of necessity is recognized and used in our legal system to justify "extra-legal" actions designed to restore order within constitutional intent. "Equity" at law refers to a particular set of remedies and associated procedures that are considered to be equitable, but are distinguished from "legal" remedies. This is legally impossible. You can't constitutionally act in any manner that is "extra-legal", nor legally apply any remedy that's distinguished from "legal". The law, which is and embraces common law, associates both necessary and equitability within the legal bounds of law, and anything outside those bounds, is patently illegal.

11. The citizens engaged in doing this are for the most part not attorneys, and claim no such capacity. In recognition that all men are as equally flawed by creation as they are equal as to rights, and in pursuance of no undue future conflict, we are asking all officials named herein, who may in good faith have any valid concerns, to state them now, before any such mistake is made, so as to not exploit them upon their appearance.

Council Member Jensen stated the Council has not had time to review the document.

Mr. Falkner stated this process will take some time, so he will follow up with a more completed draft.

Mr. Gill asked Mr. Falkner if he was requesting a grand jury.

Mr. Falkner stated his purpose is to seek cooperation, as well as a public hearing on this matter. Communication is the most important thing for full disclosure.

3 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Mr. Gill stated in the state of Utah, the process to convene a grand jury is to petition a panel of judges. Any citizen can petition. The panel generally meets on a quarterly basis. He suggested Mr. Falkner contact the Third District Court.

Mr. Falkner stated he is aware of that process, but it is not “the process.” In fact, that process is somewhat unconstitutional. The memorandum in the public notice addresses that.

Mr. Gill stated the current construct in Utah is a very unique model as compared to other places. He just wanted to make sure Mr. Falkner was aware of that process.

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Mr. Lane Mecham spoke under “Citizen Public Input” stating he was concerned with the overuse of incarceration for youth in Utah and the country. Utah locks up two-and-a- half times as many kids as California and four-and-a-half times as many kids as Massachusetts. Studies were done in the late 70s that demonstrated alternatives to incarceration cost less than incarceration. In researching how kids were getting into the system, and if anyone was looking into alternatives for incarceration, he came across a County contract with Pam Vickery LLC, a Utah indigent juvenile defender, and an invoice to the County for $700,000. That is a fee of $1.4 million a year. The County has contracted with that firm for 17 years. However, the last time that firm was awarded the contract an alternative bidder bid $255,000 less. That is a waste of taxpayer money. Additionally, the juvenile defender who was awarded the bid takes in private clients at $200-$300 an hour. He asked if a public defender could take in private clients and defend the indigent.

Mr. Sim Gill, District Attorney, stated the vendor for the County generally has full-time salaried employees focusing just on indigent defenses. Also, the Legislature is currently considering a bill that focuses on indigent defense support. With regard to alternatives to incarceration, the County has been working on a proposal to do a blended sentencing approach for both juveniles and adults. It is more therapeutic-based, and is not driven by incarceration. Furthermore, the County is looking at mental health issues of people who are in the juvenile justice system, rather than just looking at issues as behavioral problems. That is a new innovative approach.

Ms. Nichole Dunn, Deputy Mayor, stated a County staff met with Mr. Mecham and explained that the RFP process was done in 2012, and there was a resulting contract from that RFP. An invoice was paid on the resulting contract and RFP. The contract will come up again this December. The County has the option to rebid, and will consider doing that.

Mr. Mecham asked if he had to file a lawsuit with a judge to get his taxpayer money back.

4 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Council Member Jensen asked the Mayor’s Office to review the contract and make sure it was done according to policies and procedures. If the process was done appropriately, and Mr. Mecham still did not get the remedy he wanted, he would need to take his complaint to some watchdog organization.

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Mr. Tim Funk spoke under “Citizen Public Input” in opposition to S.B. 243, Air Quality Programs. The Legislature wants to charge every rate payer $1 a month on both their gas and electric bills to pay for these programs. He has no problem with helping air quality; however, increasing utility rates is the wrong way to do it. His fear is if the State takes $1 this year, it may increase that to $2.50 or $5.00 a month next year. The other pernicious part to this is a person would have to opt out, and they can only opt out once a year.

Council Member Bradley asked if the County’s legislative team would look into this legislation and get back to the Council on it.

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Mr. Steve Van Maren spoke under “Citizen Public Input” asking the Council to consider making a change on the Historic Preservation Commission Ordinance. The ordinance states: “The Commission shall conduct or cause to be conducted a survey of the historic architectural, and archaeological resources within the unincorporated area of the county” and that “the survey shall be updated at least every ten years.” He asked the Council to change that to six years, and if possible, make it a continuing process.

Mr. Zachary Shaw, Deputy District Attorney, stated the Commission can do the survey as often as it wants; the ordinance just says at least every ten years. Increasing the frequency of the survey will not necessitate a change to the ordinance.

Mr. Van Maren also spoke regarding the health clinic at the Government Center, recommending Council Member Snelgrove’s suggestion that employees just use IHC’s existing urgent care clinics. A lot of County employees do not work near the complex and may not be mobile enough to participate in the health clinic.

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Ms. Sheri VanBibber, Red Cross, spoke under “Citizen Public Input” thanking the Council for supporting the Red Cross in blood drives since 1998. Only 2 percent of the state supports the process. The Red Cross had a contest last year, for which the County blew all the participating cities out of the water. The Red Cross supports 31 hospitals in Utah. Since 1998, the County has impacted 2,640 patients.

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Ms. Nichole Dunn spoke under “Report of the County Mayor” announcing that Salt Lake County received the 2013 People’s Choice Stevie Award for favorite customer service. This is the third year in a row the County has received the Stevie award for customer service.

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Mayor Ben McAdams submitted a letter requesting approval of the recommendation of the Contribution Review Committee for the following community contributions to be approved from the Mayor’s 2014 budget:

Mehr Cultural Society $500 Council of the Blind $500

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Bradley, moved to approve the request, found that the County received fair and adequate consideration for the contribution, 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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Council Member DeBry spoke under “Report of Council Members” reporting on the Library Board meeting held on February 24, 2014, at which the Board discussed a survey done in 2013 that showed a 97 percent approval rating of the library system. Each library branch will be sending the Council and Mayor’s Office their end goals of last year and what their accomplishments were. The Library Services Division is on the cutting edge of everything. It will have maps that can show if it has a specific book, at which library branch it is at, and where the branch is on the map.

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Council Member Newton spoke under “Report of Council Members” stating she attended the Wasatch Front Waste and Recycling District Board meeting held on February 24, 2014, along with Council Members Bradley and Granato. A public hearing was held on green waste cans, as the District will be starting green waste in the spring. There will be a one-time set up fee of $60 per can, and a $9.50 per month fee. The board also approved the option of a second green waste can for an additional $3 a month. The District is working with Salt Lake County’s Fleet Management Division to find the most economical way to turn over sanitation

6 D A T E T U E S D A Y F E B R U A R Y 25, 2014 trucks. It is also going to be working on an interlocal agreement with the Mayor’s Office to use the Salt Lake Valley Landfill. The board unanimously approved recommending to the Mayor’s Office a five-year contract with an automatic renewal for five years. Another item brought up is that an area of Murray City, which was annexed into the city, is considering de-annexing from the District so the entire city is serviced by one sanitation provider. Council Member Bradley suggested looking into all of Murray being part of the District.

She also announced that this past week, Council Member Jensen received Sandy City’s Elected Official of the Year award and Council Member Burdick received its Lifetime Achievement award.

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Mayor Ben McAdams submitted a letter requesting the Council’s advice and consent to the appointment of Shawn LaMar as a member of the Millcreek Township Planning Commission to serve a three-year term. His appointment began February 11, 2014, and will end December 3, 2016.

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Mayor Ben McAdams submitted a letter requesting the Council’s advice and consent to the appointment of Pamela B. Juliano as a member of the Millcreek Township Planning Commission to serve a three-year term. Her appointment began January 1, 2014, and will end December 3, 2016.

Council Member Horiuchi, seconded by Council Member Bradshaw, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Granato, seconded by Council Member Newton, moved to approve the appointments and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Member DeBry was absent for the vote.] 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 50 percent ($75.00) of the penalty charged:

D & J Services Sun Esthetics

7 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Recommended to rescind 25 percent ($37.50) of the penalty charged:

Elegant Dryclean Deep Tissue and Structural Healing

Recommended to waive 100 percent of the penalty charged for late payment:

Roberts Garage Doors

Recommended denial of the appeal:

Absolute Best Cleaning The Green Sales Guy, Inc. HFK’s Polynesian Food Beyond AV, LLC Westside Garden Apts. Copper Printing Co. Roberts Garage Doors

Council Member Horiuchi, seconded by Council Member Bradshaw, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Bradley, 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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The Council reviewed the Utah Division of Wildlife Resources’ 2013 contractual in lieu of tax payment in the amount of $811.31.

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

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Mr. Michael S. Leary, an employee of the District Attorney’s Office, submitted Disclosure of Private Business Interests forms advising the Council that he is employed by Judge

8 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Memorial Catholic High School as law enforcement/security and a law enforcement liaison, and is a member of the Utah Society of Certified Public Managers and the International Footprint Association’s Salt Lake Antelope Island Chapter #3.

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

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the requests of the following taxpayers for 2013 tax relief:

Taxpayer Parcel No. Type of Relief

Mark K. Christianson 16-30-258-032 CB Susan T. Harman 27-14-276-004 Indigent/Hardship Janet S. Haslam 21-07-103-010 CB, Indigent/Hardship Scott J. Kiter 15-13-428-022 Indigent/Hardship Gilbert M. Sisneros 16-18-479-005 CB Bonnie L. Smith 15-27-401-029 CB, Indigent/Hardship Ellen M. Puttuck 22-16-152-176 Hardship Tamara S. Wilson 20-01-251-007 Hardship

Ms. Fehrmann also recommended denial of the requests of the following taxpayers for tax relief:

Taxpayer Parcel No.

Majorie D. Hunter 16-32-481-009 Carlos N. Jimenez 20-24-104-038 Maureen C. Lami 27-07-208-013 Laurel M. Livezey 28-16-130-011 Tomasi L. Lui 15-14-153-009 Jytte G. Warren 22-32-377-005 Charlene J. Weaver 16-31-281-026

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the requests of the following taxpayers for 2013 veteran’s tax exemptions:

9 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Taxpayer Parcel No.

Stanley W. Burke 14-25-152-004 Robert M. Buttars 20-13-126-015 + vehicle Ryan Baker 21-05-232-007 + vehicles David R. Bishop 28-11-227-022 Paul Cross 21-28-203-011 Benito R. DelRio 21-05-251-007 William D. Feathers Vehicles Gerald L. Fogle 21-10-332-031 Nurjan B. Govan Vehicles Clarence W. Grayson 21-33-102-017 Patrick D. Guild Vehicles Mark D. Handren 28-09-177-002 Gregory T. Hawley 16-29-277-045 Jacqueline K. Hawley 16-29-277-045 Gene A. Martinez 21-25-403-002 Kenneth M. McCauley 14-19-477-005 + vehicles Andy J. Miera 34-08-128-003 Rhett Miller Vehicles Robert W. Rice 20-01-380-031 Charles A. Stephens 16-29-476-032 Dolores W. Thompson Vehicles

Ms. Fehrmann also recommended denial of the request of Patrick D. Guild for a 2013 veteran’s tax exemption on property identified as Parcel No. 14-32-404-009.

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the requests of the following taxpayers for hardship abatements. These abatements are conditioned upon payment of the remaining taxes owing by March 27, 2014.

Taxpayer Parcel No. Year Amount Taxes Owing

Sharleen H. Barber 16-21-276-016 2013 $2,333.27 $ 112.00 Gail J. Butters 16-07-278-037 2013 $ 348.48 $ 358.49 Jean C. Jolly 22-29-453-012 2010/2011 $1,233.00 $1,413.13 Lillian M. Tafoya 28-20-352-047 2012 $ 663.00 $2,783.79

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10 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted letters recommending approval of the requests of the following taxpayers for prorated tax relief:

Taxpayer Parcel No. Year Type of Relief Relief

Vickie L. Allred 27-16-428-034 2013 Veteran $1,832.52

Estate of Gilda G. Bills 20-12-455-010 2013 CB $ 430.90

Robert A. Brace, II 27-15-253-006 2013 Veteran $1,083.20

Donald L. Briggs 21-03-353-014 2013 CB $ 933.49 Indigent $ 116.93

Raymond L. Child 27-25-204-019 2012 Veteran $ 755.37

Gerry Gunderson 21-33-305-031 2013 Veteran $1,069.01

Don R. Hullinger 21-03-379-016 2013 Veteran $1,077.42

Mary Ann Lykins 27-27-278-010 2013 Veteran $1,296.42

Beulah Nicholes 16-32-156-063 2013 CB $ 811.99

June Rasmussen 27-34-351-059 2013 CB $ 821.05

Sandra E. Smith 22-26-180-002 2013 Indigent $ 509.00

Ms. Fehrmann also submitted a letter recommending denial of the request of Bradford P. Riddle for a 2013 prorated veteran exemption on property identified as Parcel No. 28-20-155-007.

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Ms. Fehrmann also recommended denial of the requests of the following taxpayers for waiver/refund of penalty and interest imposed for late payment of 2013 or prior year taxes:

Taxpayer Parcel No.

Paul & Cindy Astie 22-19-209-029

Leonard & Barbara Maddox 27-08-353-018

Mary Nielsen 08-36-176-023

Trent Perry 28-22-203-021

Craig Ross 24-27-231-020

Kim & Jill Stroud 28-06-255-005 28-06-255-006

Ms. Liz Fehrmann also recommended approval of the request of Benjamin & Julie Hertz for waiver of penalty and interest charged for delinquent payment of property taxes on property identified as Parcel No. 16-06-185-021

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the request of Daniel Wood to waive the tax sale administration fee on property identified as Parcel No. 15-31-126-018.

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending denial of the request of XO Communications for abatement of 2013 late payment penalties for 109 State assessed parcels (list on file in the Council Clerk’s Office).

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the request of the First Apostolic Church for a CRE exemption for tax year 2012 on property identified as Parcel No. 15-22-404-026. She also recommended granting a prorated refund of $558.57 plus appropriate interest.

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

Taxpayer Year Refund

Trenton W. Kunz 2014 $ 83.00

Robert M. Murphy 2013 $ 13.00

Tony Divino Toyota 2014 $1,200.00 2013 $ 150.00

Young Chevrolet 2014 $ 750.00

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Mr. Kevin Jacobs, County Assessor, submitted a letter recommending abatement of 2012 delinquent privilege taxes (refund, if paid) on the Brad Petersen property identified as Parcel No. 21-30-100-002-6037.

Council Member Bradshaw, seconded by Council Member Horiuchi, 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 continuation of the tax deferrals previously granted to the following taxpayers under the conditions that : 1) The balance of the 2013 real property tax delinquencies be added to the deferral; 2) continued monthly payments in the amounts indicated; 3) all subsequent taxes be paid on or before the due date annually so as not to increase the amount of delinquency; 4) the participant retain ownership interest during the entire deferral period; 5) the property remain occupied during the entire deferral period as the applicant’s primary residence; 6) the participant submit an Application for Tax Abatement each year they remain in the deferral program; and 7) the deferral be reviewed annually prior to the tax sale to determine eligibility for continuation in the program:

Taxpayer Parcel No.

Pauline M. Austin 22-04-103-010

Patricia A. Barrios 08-35-327-009

Eugene P. Bertoch 14-35-126-005

Susan T. Harman 27-14-276-004

Scott J. Kiter 15-13-428-022 15-13-428-002

Nicole M. Lawson-Mills 22-28-276-017

Victoria McCagno 16-28-258-002

Reid M. Parrish 15-11-153-014

Rick Pray 21-32-377-013

John D. Sielhorst 28-28-378-006

Beverly L. Skaggs 21-07-104-003

Wina Sturgeon 21-17-176-055

William J. Uckerman 15-11-403-013

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending continuation of the tax deferrals previously granted to the following taxpayers under the conditions that: 1) Continued monthly payments in the amounts indicated; 2) all subsequent taxes be paid on or before the due date annually so as not to increase the amount of delinquency; 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; 5) the participant submit an Application for 2014 Tax Abatement on or before the filing deadline of September 1, 2014; and 6) the deferral be reviewed annually prior to the tax sale to determine eligibility for continuation in the program:

Taxpayer Parcel No.

Falani Fainu 16-30-182-005 Stephanie Fredrickson 21-12-305-021 Kim C. Hall 15-12-476-012 Vera Martinez 08-34-157-011 Victoria Lee Naisbitt 22-09-260-039 Alfredo Serrano 14-35-103-013 Michael T. Steele 16-21-453-003 Kenn Sturzenegger 15-10-280-005

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to approve the continuations of deferral, and authorize the County Treasurer and Auditor to defer the properties from the May 2014 Tax Sale. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted letters recommending discontinuation of existing tax deferrals on the following properties because the participants did not meet the terms of their agreements. She also recommended the properties be certified for the May 2014 Tax Sale if the outstanding balance is not paid by the 2014 certification date.

Taxpayer Parcel No.

Patricia Dalton-Jenkins 14-29-105-036 Michael Davis 08-35-102-009 Kathy W. Huntsman 16-19-478-071 Tim M. Loveless 08-27-226-022 Adam L. Leggroan 16-33-226-013 Nancy L. McArthur 15-28-255-001 Larry M. McCleery 28-08-332-011 Shirley A. McMillin 21-08-157-002 Clyde Parry 21-21-251-030 Wilmer C. Wiser 22-26-130-007

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to discontinue the deferrals, certify the properties for the May Tax Sale, and add a $250.00 administrative fee to the properties. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Zachary Shaw, Deputy District Attorney, introduced an ordinance establishing a historic preservation commission to survey and inventory community historic resources, to review proposed nominations to the National Register of Historic Places, to review applications for certificates of appropriateness, to provide advice and information to the relevant planning commission, and to support enforcement of State historic preservation laws. (Final adoption of the ordinance will be considered at the Tuesday March 4, 2014, Council Meeting.)

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Snelgrove, moved to forward the ordinance to the 4:00 p.m. Council meeting to be formally introduced. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present vote “Aye.” The ordinance will be formally considered during the March 4, 2014, Council meeting.

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The Council reviewed the following JOINT RESOLUTION of the Salt Lake County Council and Mayor declaring the launch of a motorist and bicyclist safety assessment of Emigration Canyon Road:

RESOLUTION NO. 4792 DATE: February 25, 2014

JOINT RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AND THE SALT LAKE COUNTY MAYOR DECLARING THE LAUNCH OF A MOTORIST AND BICYCLIST SAFETY ASSESSMENT OF EMIGRATION CANYON ROAD

WHEREAS, Emigration Canyon Road is heavily utilized and enjoyed by a large number of users, including motorists, cyclists, pedestrians, school children, runners etc.;

WHEREAS, Emigration Canyon is considered one of the “Crown Jewels” of our community by virtue of its natural beauty and accessibility, both geographically and for recreationists of many skill levels, which results in attracting permanent residents and visitors from near and far;

WHEREAS, use of Emigration Canyon has and will continue to steadily increase, resulting in both the benefit of more people enjoying this public amenity and the drawback of additional competition for space, resulting in potential conflict among users and increased public safety concerns;

WHEREAS, Salt Lake County, the Emigration Canyon Community Council and Salt Lake County Bicycle Advisory Committee are concerned about increasing safety issues and are committed to seeking collaborative solutions to address these concerns;

WHEREAS, it will take a multifaceted solution involving education, infrastructure to support the volume of recreational use in the canyon, enforcement, and commitment from local governing authorities to improve conditions;

WHEREAS, Salt Lake County is committed to spearheading a motorist/cyclist study group to review and produce recommendations for canyon improvements similar to successful efforts undertaken in communities such as Boulder, Colorado;

WHEREAS, Salt Lake County is committed to seeking funding for infrastructure improvements, including an assessment of Emigration Canyon Road as a “recreational facility”;

WHEREAS, public safety cannot be achieved without proper enforcement and Salt Lake County is committed to ensuring law enforcement and the District Attorney’s Office

16 D A T E T U E S D A Y F E B R U A R Y 25, 2014 have the tools they need to enforce existing law and prosecute offending motorists and bicyclists effectively;

WHEREAS, Salt Lake County is committed to an ongoing review of local ordinances and state statutes, to ensure all stakeholders have the tools they need to promote safety for all road users;

WHEREAS, other heavily-used canyons in unincorporated county experience similar safety concerns and this review should serve as an analysis for similar areas;

NOW, THEREFORE, BE IT RESOLVED by the County Council of Salt Lake County, Utah, and the Salt Lake County Mayor that:

The County Council and Mayor declare the launch of a motorist and bicyclist safety assessment to promote safety for all Emigration canyon users, with results being reported back to the County Council and Mayor no later than October, 2014.

APPROVED and ADOPTED this 25 th day of February, 2014.

By /s/ BEN MCADAMS By /s/ MICHAEL JENSEN Salt Lake County Mayor Council Member

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member DeBry, 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. Council Member Horiuchi was absent for the vote.] The Council motion passed unanimously, authorizing the Chair and the Mayor to execute the resolution, and directing the County Clerk to attest the Chair’s signature, showing that all Council Members present voted “Aye.”

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Ms. Patricia Iverson, Contracts Administrator, Contracts & Procurement Division, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL AGREEMENT between Salt Lake County and the Housing Authority of the County of Salt Lake – Funding for Solar Project in West Millcreek – CA 00000 00000016. Salt Lake County will loan up to $467,365 in Housing Trust Fund program funds to the Housing Authority of the County of Salt Lake to be used for acquiring and installing solar panels at the Bud Bailey Apartment Building. Term of the agreement is from April 1, 2014, to March 31, 2064, or until or when the loan is closed and the Promissory Note is paid in full, whichever is earlier:

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING A LOAN AGREEMENT WITH HOUSING AUTHOIRTY OF THE COUNTY OF SALT LAKE FOR FUNDING SOLAR PROJECT IN WEST MILLCREEK

RECITALS

A. Housing Authority of the County of Salt Lake (“Authority”) desires funding for the purchase and installation of Solar Panels on a low-income housing project in the West Millcreek area of Salt Lake County.

B. On February 20, 2014, the Salt Lake County Housing Trust Fund Board recommended to the Mayor that the County loan Authority the funds described in the attached Loan Agreement.

C. Salt Lake County (“County”) desires to loan Authority up to $467,365.

D. County makes this loan to Authority in furtherance of its obligation to promote the public health, safety, morals, security, prosperity, education, well-being and general welfare of its residents.

E. County has determined that it will be beneficial and in the public interest to enter into Loan Agreement in order to provide the above-described funds to Authority for the consideration agreed upon and set forth in the attached Loan Agreement.

F. The Loan Agreement has been prepared for approval and execution by County and Authority, which sets forth the purposes of the Agreement, the extent of the participation of the parties, and the rights, duties, and responsibilities of the parties. Said Agreement is attached to this Resolution as Exhibit “A”.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the attached Loan Agreement is accepted and approved and the Mayor hereby is authorized to execute the attached Loan Agreement on behalf of Salt Lake County.

IT IS FURTHER RESOLVED, that the Mayor is hereby authorized to execute or accept on behalf of Salt Lake County any such documents as may be necessary to close the above referenced loan.

2APPROVED and ADOPTED this 25 th day of February, 2014.

SALT LAKE COUNTY COUNCIL ATTEST (SEAL) By /s/ MICHAEL JENSEN

18 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Chair By /s/ SHERRIE SWENSEN County Clerk

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Horiuchi, seconded by Council Member Bradshaw, moved to approve the resolution including the new amortization schedule and forward them to the 4:00 p.m. Council meeting for formal approval. 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 approval of the following RESOLUTION authorizing the Mayor to sign a waiver of the County’s RIGHT OF FIRST REFUSAL on property located at 3005 South 2900 East, identified as Parcel No. 16-26-178-001. The Granite School District owns the 7.19 acres of property, and has been leasing it to the Canyon Rim Academy, a charter school. The Canyon Rim Academy has offered to purchase the property, and the Granite School District has declared it surplus. The County does not intend to purchase the property; therefore, has agreed to waive its right of first refusal. However, it does not waive any future right regarding this property that may arise should the Granite School District for any reason reacquire the property:

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING THE MAYOR TO SIGN A WAIVER OF THE COUNTY’S RIGHT TO PURCHASE PROPERTY DECLARED BY THE GRANITE SCHOOL DISTRICT TO BE SURPLUS

RECITALS

A. Granite School District (“Granite”) owns certain real property located at 3005 South 2900 East, Salt Lake City, Utah, Parcel No. 16-26-178-001, which was formerly the location of Canyon Rim Elementary School (the “Canyon Rim Property”).

B. Granite ceased operating a school at the Canyon Rim Property in 2007 and has leased the Canyon Rim Property to Canyon Rim Academy, a charter school for the past six and a half years.

C. On February 6, 2014, Granite notified Salt Lake County (the “County”) that its Board of Education has declared the Canyon Rim Property to be surplus property.

D. Since Granite has declared the Canyon Rim Property to be surplus, the County has a right of first refusal to purchase it before Granite offers it for sale to other buyers.

E. The County understands that Canyon Rim Academy has offered to purchase the Canyon Rim Property from Granite.

F. The County does not intend to purchase the property. The form of a letter addressed to Granite waiving the County’s right of first refusal to purchase the Canyon Rim Property is attached hereto as Exhibit A.

G. It has been determined that the County does not wish to interfere with the sale of the Canyon Rim Property to Canyon Rim Academy and that the best interests of the County and the general public will be served by waiving its right of first refusal to purchase the Canyon Rim Property.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the County hereby waives its right of first refusal to purchase the Canyon Rim Property, and the Mayor is hereby authorized to sign the letter addressed to Granite, in the form attached hereto as Exhibit A and incorporated herein by this reference, and to cause the letter to be delivered to Granite.

3APPROVED and ADOPTED this 25 th day of February, 2014.

SALT LAKE COUNTY COUNCIL ATTEST (SEAL) By /s/ MICHAEL JENSEN Chair By /s/ SHERRIE SWENSEN County Clerk

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Bradley, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal adoption. 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, Director, Real Estate Division, submitted a letter recommending that a hearing be scheduled to consider declaring property located at 4800 West between 9800

20 D A T E T U E S D A Y F E B R U A R Y 25, 2014 South and 10200 South (part of Parcel Nos. 26-12-400-003, 26-12-400-007, and 26-12-400-008) as surplus, and conveying it to South Jordan City.

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Mr. Lee Colvin, Director, Real Estate Division, submitted a letter recommending that a hearing be scheduled to consider declaring property located at 1262 West Jordan Narrows Road (part of Parcel No. 33-26-100-011) as surplus, setting its fair market value at $138,255.00, and conveying it to the Jordan Valley Water Conservancy District.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Bradley, moved to schedule the public hearings for Tuesday, March 18, 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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Ms. Nichole Dunn, Deputy Mayor, submitted a letter advising that Mr. James F. Wood, Stoel Rives LLP, on behalf of the Ronald N. and Coral Darlene Boyce Pet Adoption Endowment Fund, has offered to donate $62,509.61 to the Animal Services Division to be used exclusively to support the Animal Services Division pet adoption program.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Bradley, 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 Devise, Bequest or Legacy form and directing the County Clerk to attest his signature, and forward it to Stoel Rives LLP, showing that all Council Members present voted “Aye.”

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Ms. Nichole Dunn, Deputy Mayor, submitted a letter advising that the Rotary Club of Salt Lake County has offered to donate $15,000 to the Parks and Recreation Division to be used towards constructing a bridge over the Jordan River at approximately 8300 South.

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

21 D A T E T U E S D A Y F E B R U A R Y 25, 2014 directing the County Clerk to attest his signature, and forward it to the Rotary Club of Salt Lake County, showing that all Council Members present voted “Aye.”

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Mr. Michael Bailey, Director, Information Services Division, submitted a letter requesting an interim budget adjustment of $141,753 in order to hire a System Analyst 34/36/38 FTE to perform the role of PeopleSoft Technical Lead.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Granato, seconded by Council Member Bradley, moved to approve the request and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Horuichi and DeBry were absent for the vote.] The Council motion passed unanimously, authorizing the County Chief Financial Officer to increase Expense Appropriation Account Number 110-060-3050-6050-000000-1120-601010-3050DEL-AH000 by $98,498, -1210-603005-3050DEL-AH000 by $7,535, -1230-603-025-3050DEL-AH000 by $17,621, -1235-603045-3050DEL-AH000 by $2,955, and -1240-603050-3050DEL-AH000 by $15,144, showing that all Council Members present voted “Aye.”

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Ms. Erin Litvack, Director, Community Services Department, submitted a letter requesting an interim budget adjustment of $100,000 to be used for the construction of 102 horse stalls at the Equestrian Center.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 186-030-3560-3560-000000-2937-639035-3560EP-EQ0001 by $100,000, and increase Revenue Appropriation Account No. 186-030-3560-3560-00000-3889- 419005-3560EP-JU000 by $100,000, showing that all Council Members present voted “Aye.”

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Mr. Sim Gill, District Attorney, submitted a letter requesting an interim budget adjustment of $23,390 to be used for security doors at the Broadway location. This money will be moved from capital costs to operating costs because it does not meet the threshold for capital costs.

22 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to decrease Expense Appropriation Account No. 110-100-1210-7230-FE20-1210PSE by $23,390, and increase Expense Appropriation Account No. 110-100-1210-2660-FE20-1210PSE by $23,390, 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 $162,500, which is the amount allocated to the Salt Lake Film Society and Sugar Space.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to decrease Expense Appropriation Account No. 181-010-3551-1070-000000-6510-667005-3551CECD by $162,500, and increase Expense Appropriation Account No. 110-050-5000-5003-000000-6510-667005- 5000CECD by $162,500, 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 $50,000 for the mental health audit budget. This contract was not fully executed until February 2014, so these funds need to be carried over.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 110-050-5000-5003-000000-2910-639005-5000CPQG by $50,000, showing that all Council Members present voted “Aye.”

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Mr. Wayne Marion, Director, Facilities Management Division, submitted a letter requesting an interim budget adjustment of $39,600 to be used to install a new electric vehicle charging station in the south parking lot of the Government Center.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 450-50-5050-5050-000000-7220-675010-5050QL-103C by $39,600, and increase Revenue Appropriation Account No. 450-50-5050-5050-000000-411000-675010- 5050QL-103C by $39,600, showing that all Council Members present voted “Aye.”

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Mr. Rolen Yoshinaga, Director, Planning & Development Services Division, submitted a letter requesting an interim budget adjustment of $298,250 to complete a software replacement effort. This money will be rolled over from 2013.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 230-040-4050-4050-00000-7315-677010-4050DFLT-QF100 by $298,250, showing that all Council Members present voted “Aye.”

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Ms. Jill Carter, Director, Administrative Services Department, submitted a letter requesting an interim budget adjustment of $30,500 to cover costs related to software, maintenance, and an implementer to help transfer data relating to boards and board appointments within Salt Lake County Government.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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 five to one with Council Member Snelgrove voting in opposition. Council Members Newton and DeBry were absent for the vote.] The Council motion passed unanimously, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 110-010-1021-1021-000000-2930- 639025-1021EHVS-EHVS0 by $25,000, and -2485-617015-1021EHVS-EHVS0 by $5,500, showing that all Council Members present voted “Aye.”

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24 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Mr. Patrick Leary, Township Executive, Office of Township Services, submitted a letter requesting an interim budget adjustment of $22,648 to be used to stimulate economic growth in the Magna, Kearns, and West Millcreek Townships and to attend training from the International Economic Development Council.

Council Member Bradshaw, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, 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, authorizing the County Chief Financial Officer to increase Expense Appropriation Account No. 230-010-1015-1015-000000-2330-611015-1015AB52-AB052 by $20,000, and -2580-619025-1015AB52-AB052 by $2,648, and increase Revenue Appropriation Account No. 230-010-1015-1015-000000-123000-1015AB52-AB052 by $22,648, showing that all Council Members present voted “Aye.”

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Mr. Lyle Gibson, Planning & Development Services Division, requested that a hearing be scheduled to consider the following rezone application:

Application #28270 – Laurel Osborn and Wallace Fetzer to reclassify property located at 2254 Alva Circle from R-1-10 to R-2-10 zone.

Council Member Bradshaw noted that the description of R-1-21 was incorrect on the Council agenda, but it is correct on the zoning agenda. The description of R-1-21 is residential single family, 21,785 sq. ft. minimal lot size with agricultural animal rights.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to set the date of Tuesday March 25, 2014, at 4:00 p.m., to accept public comment and consider the rezoning request. The motion passed unanimously, authorizing the County Clerk to place the Notice of Public Hearing in a newspaper of general circulation, and authorizing the Planning & Development Services Division to notify the surrounding property owners, showing that all Council Members present voted “Aye.”

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Mr. Lyle Gibson, Planning & Development Services Division, explained the following rezoning application to be heard and presented a map of the area: (4:47:01 PM)

Application #28637 – Rick Whiting, on behalf of Leroy Eck, requesting to reclassify property located at 3945 South 1300 East from an R-2-8 zone to an R-M zone.

25 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Mr. Gibson stated the applicant is requesting to rezone 0.41 acres from R-2-8 to R-M zone to allow for a medical office. The property is directly across from the St. Marks Hospital parking lot to the east, and is about four houses down from the corner of 3900 South. The County’s Planning & Development staff recommended approval of the request based on the proximity to the hospital, other R-M zones in the area, and the General Plan’s designation of 1300 East as a corridor for which zone changes are expected. The Millcreek Community Council recommended denial because it was concerned with setting a precedent on the east side of 1300 East. In addition, it was concerned with traffic and the building height. The Millcreek Township Planning Commission also recommended denial echoing those same concerns.

The applicant is seeking the re-zone because he hopes to do a small medical office. He has provided some examples of what he anticipates he might do and how that would relate to the neighborhood. The applicant has not proposed a specific site plan yet. He would do that during the formal application process for a conditional use. Anything other than a single or two-family residential unit would be a conditional use. At that time, the applicant would go back to the Millcreek Township Planning Commission to receive approval for the site plan and structure.

Council Member Horiuchi stated the idea of an R-M at this location did not concern him, but it was unusual in that it backs into a cul-de-sac. He had never seen that before. If the Council approves this, the people living on Skyview Drive will go nuts.

Mr. Gibson stated he had not seen that either, but it is not unusual to back other single family properties.

Council Member Horiuchi asked if the dwellings would be demolished around the cul-de-sac.

Mr. Gibson stated the cul-de-sac would remain, but the current building on that property would be removed.

Council Member Bradshaw asked what the allowable height was in an R-M zone.

Mr. Gibson stated the R-M zone can go as high as 75 feet. Depending on the architecture, about five or six stories could fit within that.

Council Member Bradshaw stated the Council could limit height as a zoning condition.

Mr. Gibson stated the Council can consider height as a zoning condition. Building height would also be restricted because of the proximity to other things, i.e. side yards, so visibility conditions would apply. Also, the size of the site is self-restrictive because a certain number of parking spots would be required per square footage of the building.

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. Richard Whiting, applicant, stated the property owner would like to do a one- or two-story, small-scale medical office building for physicians, or a medically-related facility. That makes sense because of the proximity to the hospital and because 1300 East is an arterial street. The Wasatch Front Regional Council recently designated 1300 East as a major thoroughfare for the valley. Also, an article recently published in the medical office trends, refers to the skyrocketing demand for medical services in the United States, which will continue to skyrocket as the demographic group known as the baby boomers move into their advanced years. He did not think anyone would be interested in developing this as a residential property due to the traffic on 1300 East and the proximity of the hospital. He would like the Council to consider the proposition, and tailor it 20 years into the future. He suggested the Council consider applying the following four conditions: 1) the architectural structure of any building be residential appearing in nature; 2) a building height restriction, perhaps two- or even one-story; 3) limited use to medical related types of businesses; and 4) appropriate buffering around the rear and sides of the property to protect and mitigate any impact on the neighbors.

Council Member DeBry asked if those stipulations were given to the Millcreek Township Planning Commission and the Millcreek Community Council.

Mr. Whiting stated the Millcreek Township Planning Commission did discuss them, but was afraid to start the change, as it would encourage other zone changes to come along as time progresses.

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

Council Member Jensen asked if the Council could encourage the architectural appearance, the limited use, or the buffering because it is not a zoning condition.

Mr. Tom Christensen, Deputy District Attorney, stated the architectural appearance could be done as a conditional use condition, but not at the zoning stage, and the uses are limited to the conditional uses listed. The Council cannot consider buffering.

Council Member Jensen stated technically, the Council can only do height restrictions, and encourage the planning commission to do the rest during the conditional use process.

27 D A T E T U E S D A Y F E B R U A R Y 25, 2014 Council Member Bradley stated there are no businesses on that side of 1300 East in that area. It is all residential now. Changing the complexion of that side of the street from residential to any other use is problematic. The argument that it is in close proximity to the hospital:therefore, would be suitable for a medical facility is not a good argument. The property is across a busy street from the hospital, and there is no pedestrian walk across, so few people would walk there. Most people would drive over to access it. So, that is not a compelling reason for him to give this consideration.

Council Member DeBry asked if this was contiguous to five independent lots.

Mr. Gibson stated yes.

Council Member DeBry stated building a structure a couple of stories high would impact those five residences. People built their homes or moved in there under the auspice that this is a residential area. Having a building/business pop up there all of sudden did not sit well with him. He also had a hard time going against the planning commission and community council’s recommendations. The Council gave them autonomy and say in their community, so for him to override them, it would have to be a very compelling reason.

Council Member Jensen stated he is typically pro development, pro expansion, and did think a medical office building would fit on that side of the street. However, he agreed that the Council created planning commissions and townships to have the autonomy inside of their area to render a recommendation, and the Council should do what they ask it to do. For that reason, he would be a “nay” on this request.

Mr. Whiting asked what the impact would be to the residential properties since the business activity would be focused on the street.

Council Member Jensen stated the residents’ arguments would be as Council Member DeBry indicated that when they moved in they did so because the neighborhood had a residential feel. Building an office building would change the feel. Residents may not be able to recoup their investment of residential property with a commercial encroachment.

Mr. Whiting asked who would invest in residential property there because of the busy street and all the activity in the area.

Council Member Bradley stated that position lies with the planning commission and community council because they are closer to the situation. They live near and around it. He would not want to counter their recommendation.

Council Member Bradley, seconded by Council Member DeBry, moved to deny Application #28637. The motion passed, showing the vote to be 8 to 1, with Council Member Horiuchi voting in opposition.

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Mr. Lyle Gibson, Planning & Development Services Division, explained the following rezoning application to be heard and presented a map of the area: (5:05:16 PM)

Application #28694 – Deanna Lee requesting to reclassify property located at 818 East 4125 South from R-2-10 to R-1-5 zone.

Mr. Gibson stated the applicant is requesting to rezone 0.57 acres from R-2-10 to R-1-5 zone. The property currently has one single family home on it with some accessory buildings. Directly to the west the residences are zoned R-1-5, and to the east the properties are zoned R-2-10. The property is not located directly on a designated corridor per the general plan, but is located within an area of moderate change where a zone change of this character might be expected to happen. The Millcreek Community Council and the Millcreek Township Planning Commission both recommend approval of the zone change. The County’s Planning and Development Services Division staff also recommended approval of the zone change because it is in character with the immediate neighborhood and is consistent with the Millcreek Township General Plan.

The zone change would allow two single-family residential units to be constructed as opposed to the current zone, which allows for two family residential units. If the rezone is approved, the applicant would like to subdivide the property. The existing home would remain, with two additional lots plus a dedicated public access.

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

Ms. Deanna Lee, applicant, stated this zone change would not change the density in the area. Instead of constructing a twin home, she would be able to construct two single- family dwelling units.

Ms. Jan Maynard stated she and her husband are very supportive of this request: however, there is no water pressure in this area. They cannot run sprinklers to water the lawn because there is not enough pressure to make them pop up, and they are limited to the number of appliances they can use at a given time due to the lack of water pressure. Jordan Valley Water Conservancy District acknowledges there is a problem, but has done nothing. To build additional homes would be irresponsible due to the lack of water pressure.

Council Member Jensen stated he will definitely talk with Jordan Valley Water Conservancy District regarding the water pressure in this area. This is the first he has heard about this. As the fire chief, it makes him very nervous to hear there is no pressure.

Council Member Granato stated he is in favor of the rezone, however; the water pressure is something that needs to be looked into.

Council Member Jensen asked the Council to continue this request until March 25, 2014, to give him an opportunity to look into this matter.

Council Member DeBry, seconded by Council Member Horiuchi, moved to continue this request until March 25, 2014. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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THERE BEING NO FURTHER BUSINESS to come before the Council at this time, the meeting was adjourned at 5:15:25 PM until Tuesday, March 4, 2014, at 4:00 P.M.

SHERRIE SWENSEN, COUNTY CLERK

By ______Deputy Clerk

______CHAIR, SALT LAKE COUNTY COUNCIL

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