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D A T E T U E S D A Y A U G U S T 30, 2016

1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, AUGUST 30, 2016, PURSUANT TO ADJOURNMENT ON TUESDAY, AUGUST 16, 2016, AT THE HOUR OF 4:05:23 PM AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1-110, SALT LAKE CITY, UTAH.

COUNCIL MEMBERSPRESENT: RICHARD SNELGROVE1

JENNIFER WILSON2

JIM BRADLEYARLYN BRADSHAWMICHAEL JENSEN3

SAM GRANATOSTEVEN DEBRYMAX BURDICK, Chair

COUNCIL MEMBERSEXCUSED: AIMEE WINDER NEWTON

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYORSIM GILL, DISTRICT ATTORNEYCOUNCIL MEETING: By: GAVIN ANDERSON, DEPUTY DISTRICT ATTORNEY PLANNING & ZONING MEETING: By: CHRIS PRESTON, DEPUTY DISTRICT ATTORNEY JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICESHERRIE SWENSEN, COUNTY CLERK By: KIM STANGER & LINDA DUFFY, DEPUTY CLERKS

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Council Member Burdick, Chair, presided.

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Mr. Alex Miller, Scout Troop 411, 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 meetings held on Tuesday, August 9,

1 Participated electronically.2 Participated electronically for all four zoning requests. 3 Participated electronically for the last two zoning requests.

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2016, and Tuesday, August 16, 2016. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. George Chapman spoke under “Citizen Public Input” in opposition to the Sandy City Transit Oriented Development. If the Council approves this, the Utah Transit Authority (UTA) will not be able to provide neighborhood bus service expansion. Plus, tax increment financing should not be done for fast developing areas. He also asked the Council to expand the Oxbow Jail to house criminals. Criminals who have been arrested 20-30 times are still on the street. He was going to blame the Mayor for the next cop who gets killed by one of these criminals. The Mayor wants a homeless service expansion of sites, but will have a hard time convincing anyone to have a homeless shelter in their neighborhood due to the criminal element embedded in it.

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Ms. Alexandra Eframo spoke under “Citizen Public Input” complaining that the Council had not asked anyone to do the reading or thought to open the meeting. She also stated there were people in the homeless shelter healthy enough to work who should be encouraged to do so. She was considering a charity to educate homeless people, much like the Veteran Hospital’s program, Valor. Then, anyone looking into donating to a charity needs to research the percentage actually given to the cause. Kids Wish Network only gives 2.5 percent to the children and keeps the rest. Furthermore, she hoped the new CEO of the Utah Transit Authority (UTA) would no longer give out bonuses to UTA employees.

Council Member Burdick stated the agenda is a guideline. The Chair has the ability to change the agenda as he sees fit.

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Council Member Bradley spoke under “Report of Council Members” reporting that last Saturday, he and Kevin Jacobs, County Assessor, went to the Salt Lake County Fair and purchased junior livestock with the money the Council allocated for that purpose. The meat was then turned over to the Utah Food Bank. He thanked the Council for its continued support.

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Mr. Carlton J. Christensen, an employee of the Office of Regional Development, submitted a Disclosure of Private Business Interests form advising the Council that he is a member of the Salt Lake City Mosquito Abatement District.

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Council Member Bradshaw, seconded by Council Member Jensen, 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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Mr. Scott Tingley, 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 appropriate interest, be issued to the taxpayers:

Taxpayer Parcel No. Year Reduction Refund

J&M Associates 08-36-230-026 2015 $ 3,185.77 to $ 3,026.49 $ 159.28

Noel & Renee Quinton 28-02-326-003 2015 $ 6,654.37 to $ 6,314.31 $ 340.06

Michael Carlson 28-06-301-058 2015 $ 4,008.32 to $ 2,702.98 $ 1,305.34

Canyon Slope Devel. 22-23-202-010 2015 $ 130,746.87 to $127,603.39 $ 3,143.48

City Creek Reserve 16-06-101-034 2015 $ 148,650.45 to $135,502.21 $13,148.2415-01-227-060 2015 $ 964,757.71 to $910,786.30 $53,971.4116-06-126-007 2015 $ 577,125.16 to $511,512.15 $65,613.0116-06-101-024 2015 $1,005,224.79 to $938,007.02 $67,217.77

Richard N. Reese Family 27-01-377-024 2013 $ 35,675.34 to $ 35,121.44 $ 553.90

Latter Day Church of Christ 15-22-326-051 2014 $ 15,900.49 to $ 8,586.26 $ 7,314.23

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Mr. Scott Tingley, County Auditor, submitted a letter recommending reduction of 2015 delinquent taxes on the following properties and adjusting penalties and interest to the remaining balance owed:

Taxpayer Parcel No. Reduction

Salt Lake Choral Artists 08-25-459-006 $7,147.97 to $4,215.4608-25-459-007 $ 243.88 to $ 143.78

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

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Taxpayer Tax Roll # Year Refund

Rosalilia Camacho 30 036323 2016 $ 24.46Acton Mobile 13 169779 2016 $ 170.94Majestic Floors & Design 82 107287 2016 $ 192.67Jordan Valley Construction 37 148806 2016 $ 4,715.45McDonalds 55 153417/11 2016 $ 3,384.92McDonalds of Draper 55 153417/09 2016 $ 1,343.73Eleadertech.com 13 135967 2016 $ 118.47Aspen Ridge Counseling 26D 140303 2016 $ 13.72West Jordan Modern Dentistry 37 163668 2016 $ 3,859.01David Stoker AAH 078781 2016 $ 1,803.49Alta Ski Lifts 37 109107 2016 $110,788.23Current Restaurant 13 169645 2016 $ 61.21Sushi Burrito on 8th 13 169407 2016 $ 277.24Toshs Ramen 13 168538 2016 $ 666.43Ruttco Pallet 13 169376 2016 $ 316.49Jensen Technical Services 13 163504 2016 $ 10.64Earthview Technology 70 134179 2016 $ 96.44Personal Family Physicians 82 159475 2016 $ 77.20Econo Lodge 01Q 148072 2016 $ 1,159.52A&K Railroad Materials 13 059202 2016 $ 3,776.26Advanced Foot & Ankle Center 13 058841 2016 $ 192.60Romney Pediatric Dentistry 13 055742 2016 $ 262.92Shop N Save 13 004050 2016 $ 489.75Good Shepard Home Care 21P 143434 2016 $ 146.96Acme Camera 01J 167872 2016 $ 107.62Casa Blanca #2 30 100545 2016 $ 124.26S&C Claim Service 39G 155186 2016 $ 51.63Bliss 36F 170285 2016 $ 102.21Walnut Springs Press 17 166467 2016 $ 156.56Custom Industries 37 018896 2016 $ 1,037.63Hardy Diagnostics 35 131162 2016 $ 263.18

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Mr. Kevin Jacobs, County Assessor, submitted letters recommending refunds in the amounts indicated be issued to the following taxpayers for overpayment of 2016 vehicle taxes:

Taxpayer Refund

John J. Bowman $113.00Dan M. Burtoft $ 13.00Chyrrel Evertsen $113.00Loren W. Gregg $113.00

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Rhonda J. Gurr $153.00Nyamu G. Kathee $ 45.00Mark Miller Toyota $150.00Deborah Sims $113.00Rachel K. Spor $ 13.00Richard D. Prime $110.00

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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The public hearings regarding the use of County Tax Increment Financing for South Salt Lake City’s proposed 3900 South Commercial Development Area (CDA), Riverton City’s Western Commercial District CDA, and Sandy City’s Transit Oriented Development (TOD) were not held because the interlocal agreements with the cities were not complete.

Council Member Bradshaw, seconded by Council Member Jensen, moved to reset the public hearings for September 13, 2016. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Ms. Angela Lane, Deputy District Attorney, introduced an ordinance reflecting desired clarifications and changes to practices of the County’s flood control program, including required permitting along flood control facilities, and a new enforcement, penalties, and appeals process. (Final adoption of the ordinance will be considered at the Tuesday, September 13, 2016, 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 Bradshaw, seconded by Council Member Bradley, moved to approve the ordinance and forward it to the 4:00 p.m. Council meeting for formal introduction. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.) The Council motion passed unanimously, forwarding the ordinance to the September 13, 2016, Council meeting for formal consideration, showing that all Council Members present vote “Aye.”

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Mr. Zachary Shaw, Deputy District Attorney, introduced an ordinance adjusting the time periods and types of land use applications, and distinguishing how this applies to an incorporation of a city versus an incorporation of a metro township. (Final adoption of the ordinance will be considered at the Tuesday, September 13, 2016, Council Meeting.)

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Council Member Bradshaw, seconded by Council Member Jensen, 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 amendment and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.) The Council motion passed unanimously, forwarding the ordinance amendment to the September 13, 2016, Council meeting for formal consideration, showing that all Council Members present vote “Aye.”

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Mr. David Clemence, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION declaring property located at 7464 South Brighton Way, Cottonwood Heights City, as surplus, and authorizing its sale to adjacent property owners Steven and Kira Kirner for $150 by QUIT CLAIM DEED.

RESOLUTION NO. 5116 DATE: AUGUST 30, 2016

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL DECLARING SURPLUS REAL PROPERTY AND APPROVING THE CONVEYANCE OF A PORTION OF THE SAME BY QUIT-CLAIM DEED TO STEVEN KIRNER AND KIRA KIRNER

RECITALS

1. Salt Lake County owns a small parcel of real property, Parcel No.22-26-328-005, located at approximately 7464 South Brighton Way, Cottonwood Heights, Utah (the “Property”), which was acquired by Tax Deed in 1989 and which is not in public use by the County.

2. A portion of the Property, approximately 1.84’x20.26’ in size, is adjacent to property currently owned by Steven Kirner and Kira Kirner (the “Kirners”).

3. The Kirners have offered in writing to purchase this portion of the Property for its fair market value as established and approved by the County Real Estate Section.

4. The County has no need for this portion of the Property and has determined that the portion of the Property the Kirners want to acquire has an appraised value of $150.00. Proceeds from the sale of the Property will be distributed in accordance with Section 59-2-1351.5 of the Utah Code.

5. It has been determined that the best interest of the County and the general public will be served by the sale and conveyance of a portion of the Property to the Kirners for its fair market value. The sale and conveyance will be incompliance with all applicable state statutes and county ordinances.

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

IT IS FURTHER RESOLVED by the Salt Lake County Council that the sale and conveyance of said property by quit-claim deed to the Kirners for the agreed current fair market value of One Hundred Fifty Dollars ($150.00) is hereby approved; and the Mayor and County Clerk are hereby authorized to execute the Quit-Claim Deed, attached hereto as Exhibit A and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Division for delivery to the Kirners upon payment of the agreed upon purchase amount.

APPROVED and ADOPTED this 30 th day of August, 2016.

SALT LAKE COUNTY COUNCILATTEST (SEAL)

By /s/ MAX BURDICK Chair

By /s/ SHERRIE SWENSEN County Clerk

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Mr. David Clemence, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION declaring property located at 7464 South Brighton Way, Cottonwood Heights City, as surplus, and authorizing its sale to adjacent property owners Brett and Susan Beser for $500 by QUIT CLAIM DEED.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL DECLARING SURPLUS REAL PROPERTY AND APPROVING THE CONVEYANCE OF THE SAME BY QUIT-CLAIM DEED TO BRETT AND SUSAN K. BESSER, AS TRUSTEES OF THE BRETT AND SUSAN BESSER FAMILY TRUST DATED FEBRUARY 2, 2004

RECITALS

1. Salt Lake County owns a small parcel of real property, Parcel No.22-26-328-005, located at approximately 7464 South Brighton Way, Cottonwood Heights, Utah (the “Property”), which was acquired by Tax Deed in 1989 and which is not in public use by the County.

2. A portion of the Property, approximately 1.84’x58.74’ in size, is adjacent to property currently owned by Brett W. Besser and Susan K. Besser, as trustees of the Brett and Susan Besser Family Trust dated February 2, 2004 (the “Bessers”).

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3. The Bessers have offered in writing to purchase this portion of the Property for its fair market value as established and approved by the County Real Estate Section.

4. The County has no need for this portion of the Property and has determined that the portion of the Property the Bessers want to acquire has an appraised value of $500.00. Proceeds from the sale of the Property will be distributed in accordance with Section 59-2-1351.5 of the Utah Code.

5. It has been determined that the best interest of the County and the general public will be served by the sale and conveyance of a portion of the Property to the Bessers for its fair market value. The sale and conveyance will be incompliance with all applicable state statutes and county ordinances.

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

IT IS FURTHER RESOLVED by the Salt Lake County Council that the sale and conveyance of said portion of the property by quit-claim deed to the Bessers for the agreed current fair market value of Five Hundred Dollars ($500.00) is hereby approved; and the Mayor and County Clerk are hereby authorized to execute the Quit-Claim Deed, attached hereto as Exhibit A and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Division for delivery to the Bessers upon payment of the agreed upon purchase amount.





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Mr. David Clemence, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an AGREEMENT FOR RELEASE AND GRANT OF EASEMENTS between Salt Lake County for its Real Estate Section and The Miller Crossing LLC – Release and Grant of Easements. The Miller Crossing LLC is requesting to relocate the original easement granted to Salt Lake County in 2006 to maintain Copper Creek, to a different location on the property located at approximately 12457 South 6000 West (Parcel Nos. 26-25-300-040, 26-25-300-042, 26-25-300-043, and 26-25-400-064).

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A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING AN AGREEMENT FOR RELEASE AND GRANT OF EASEMENTS

RECITALS

A. Salt Lake County (“County”) possesses an easement across real property (the “Property”) presently owned by The Miller Crossing, LLC (“Grantor”) in Salt Lake County. The easement was granted in 2006 to maintain Copper Creek (the “Original Easement”).

B. Grantor now seeks to develop the Property, or portions thereof, and to facilitate the development, Grantor would like to relocate the Original Easement to a different location on the Property.

C. It has been determined that the best interests of the County and the general public will be served by the County trading and exchanging the Original Easement for a new easement from the Grantor pursuant to the terms of an Agreement for Release and Grant of Easements. The exchange of the easements will be in compliance with all applicable state statues and county ordinances.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Agreement for Release and Grant of Easements is hereby approved and the Mayor is hereby authorized to execute the Agreement for Release and Grant of Easements, a copy of which is attached as Exhibit 1 and by this reference made a part hereof, and deliver the fully executed document to the County Real Estate Section.

IT IS FURTHER RESOLVED by the Salt Lake County Council that upon receipt of the fully executed Perpetual Easement, attached hereto as Exhibit 2, from Grantor, the Mayor and County Clerk are authorized to execute the Release of Portion of Easement attached hereto as Exhibit 3, and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Section for delivery to Grantor.





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Mr. David Clemence, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL AGREEMENT between Salt Lake County for its Real Estate Section and

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Herriman City – Perpetual Easement to Access and Maintain Copper Creek. Herriman City will grant a perpetual easement to access and maintain Copper Creek on property located at approximately 12457 South 6000 West (Parcel No. 26-25-300-025) to Salt Lake County to be used to relocate an underground culvert.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH HERRIMAN CITY FOR A PERPETUAL EASEMENT TO ACCESS AND MAINTAIN COPPER CREEK

RECITALS

A. Herriman City (the “City”) owns parcel of real property, known as Parcel No. 26-25-300-025, located at approximately 12457 South 6000 West in Herriman, Utah, which is used as the right of way for Anthem Park Boulevard (the “City Property”).

B. Salt Lake County has an easement on property adjacent to the City Property for the construction and maintenance of an underground culvert for the Copper Creek Drainage, which the County uses for flood control purposes

C. The owner of the adjacent property wants to develop the adjacent property and seeks to relocate the underground culvert for Copper Creek.

D. The proposed relocation will require the underground culvert for Copper Creek (the “Culvert”) to be relocated underneath a portion of the City Property.

E. The County is willing to have the Culvert for Copper Creek relocated, and City is willing to grant a perpetual easement to the County for the relocation of the Culvert Under Anthem Park Boulevard in the City Property.

F. The City and the County have determined to enter into an Interlocal Cooperation Agreement with each other to provide for the grant and conveyance of this easement.

G. The County has determined that it is in the public interest to enter into this Interlocal Cooperation Agreement with the City to grant a Perpetual Easements for the relocation of the Culvert.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Interlocal Cooperation Agreement, attached hereto as Exhibit 1 and by this reference made a part of this Resolution, is approved; and the Mayor is hereby authorized to execute said Interlocal Cooperation Agreement.


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Mr. David Clemence, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION declaring property located at 2803 East Evergreen Avenue as surplus, and authorizing its sale to KBJ Family LC for $1,400 by QUIT CLAIM DEED.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL DECLARING SURPLUS REAL PROPERTY AND APPROVING THE CONVEYANCE OF THE SAME BY QUIT-CLAIM DEED TO KBJ FAMILY, LC

RECITALS

1. Salt Lake County owns a small parcel of real property, Parcel No. 16-26-356-022, located at approximately 2803 East Evergreen Ave., Salt Lake City, Utah (the “Property”), which was acquired by Tax Deed in 2009 and which is not in public use by the County.

2. The Property consists of a small 2.5’x112’ parcel adjacent to property currently owned by Pradeep Chandy and Geeta Kutty as joint tenants (“Chandy and Kutty”).

3. The Property was partitioned off from the adjacent parcel when Chandy and Kutty’s predecessor-in-interest, KBJ Family, LC, failed to pay property taxes.

4. KBJ Family, LC recently sold the adjacent parcel to Chandy and Kutty, and as part of this transaction have also agreed to purchase the Property from the County so that it can be conveyed to Chandy and Kutty. To this end, KBJ Family LC, has offered in writing to purchase the Property from the County for its fair market value as established and approved by the County Real Estate Section.

.5 The County has no need for the Property and has determined that the Property’s appraised value is $1,400.00. Proceeds from the sale of the Property will be distributed in accordance with Section 59-2-1351.5 of the Utah Code.

6. It has been determined that the best interest of the County and the general public will be served by the sale and conveyance of the Property to KBJ Family LC for its fair market value. The sale and conveyance will be in compliance with all applicable state statutes and county ordinances.

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

IT IS FURTHER RESOLVED by the Salt Lake County Council that the sale and conveyance of the Property by quit-claim deed to KBJ Family, LC, for the agreed current fair market value of One Thousand Four Hundred Dollars ($1,400.00) is hereby approved; and the Mayor and County Clerk are hereby authorized to execute the Quit-Claim Deed, attached hereto as Exhibit A and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Section for delivery to Pioneer Title Insurance Agency, LC on behalf of KBJ Family, LC, upon payment of the agreed upon purchase amount.





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 Debry, moved to approve the real estate matters and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.] The Council motion passed unanimously, authorizing the Chair to execute the resolutions and directing the County Clerk to attest his signature, showing that all Council Members present voted “Aye.”

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Mr. Jim Bradley, Chair, Salt Lake Valley Law Enforcement Service Area, submitted a letter recommending approval of the following RESOLUTION authorizing an increase in the certified tax rate by the Salt Lake Valley Law Enforcement Service Area (SLVLESA) of 9.5 percent.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING THE LEVYING OF PROPERTY TAXES BY THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA. APPROVING A 2017 PROPERTY TAX LEVY IN EXCESS OF THE CERTIFIED TAX RATE BY THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA.

WHEREAS, Salt Lake County participated in creating the Unified Police Department (“UPD”) to operate the provision of local law enforcement services;

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WHEREAS, the Salt Lake Valley Law Enforcement Service Area (“SLVLESA”), fka Unified Police District, was created by Resolution of the Salt Lake County Council dated August 18, 2009;

WHEREAS, on November 24, 2009, Salt Lake County assigned its rights and delegated its law enforcement duties in UPD to SLVLESA, fka Unified Police District, including responsibilities for providing local law enforcement services and participation in the UPD, with the County retaining no responsibility for either the provision of local law enforcement services or the funding of those services;

WHEREAS, the unincorporated area of Salt Lake County is included in the boundaries of SLVLESA for the funding and provision of law enforcement services to the unincorporated area of Salt Lake County;

WHEREAS, SLVLESA has proposed to budget a 9.5% increase in the certified tax rate as defined in UCA Sec. 59-2-924 in 2017 to fund the increased costs of providing local law enforcement services; and

WHEREAS, UCA §17B-2a-903 requires the prior approval by the legislative bodies of municipalities and counties whose territory is located within SLVLESA of an increase in the certified tax rate by SLVLESA.

NOW THEREFORE, BE IT RESOLVED:

1. The Salt Lake County Council hereby reaffirms its authorization of the SLVLESA Board of Trustees to impose property taxes on the areas within the boundaries of SLVLESA including the imposition of necessary judgment levies.

2. Consistent with and subject to the requirements of UCA §17B-2a-903, the Salt Lake County Council hereby approves for 2017 the budgeting of a 9.5% increase in property tax revenues in excess of those budgeted in the prior year and the imposition of property taxes in excess of the certified tax rate to generate the increase in budgeted property tax revenues as defined in UCA Sec. 59-2-924.

3. The Salt Lake County Council further recognizes for the period of 2018 through 2021 that the SLVLESA Board will annually consider adoption of necessary property tax increases for the purpose of meeting the inflationary increases in the Unified Police Department and recognizes that those increases will be presented to it for consideration and approval. ADOPTED this 30 th day of August, 2016.



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Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradley, 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, with Council Member DeBry abstaining from the vote.] The Council motion passed unanimously, with the exception of Council Member DeBry who abstained, 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. Michael Ongkiko, Director, Human Resources Division, submitted a letter recommending approval of the following Human Resources Policies and Procedures:

#1-200 – Definitions#2-100 – Employment Status#4-200 – Leave Practices

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 DeBry, moved to approve the policies and procedures and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.] The Council motion passed unanimously, authorizing the Chair to sign the policies and procedures, directing the County Clerk to attest his signature, and authorizing the Mayor’s Office to distribute the same, showing that all Council Members present voted “Aye.”

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Sheriff James Winder submitted a letter advising the Council that the Salt Lake Honorary Colonels has offered to donate $18,500 to the Salt Lake County Sheriff’s Office to be used for its Annual Awards Banquet as well as other events and expenses for employees to promote morale and inspire a thriving organization.

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 DeBry, moved to accept the gift and forward the Declaration of Gift form to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.] The Council motion passed unanimously, authorizing the Chair to sign the Declaration of Gift form and

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directing the County Clerk to attest his signature and forward it to the Honorary Colonels, showing that all Council Members present voted “Aye.”

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Mr. Scott Baird, Interim Director, Public Works Department, submitted a request to approve the issuance of a limited number of Landfill Service Vouchers to qualified nonprofit entities. The vouchers are redeemable for landfill disposal services and compost.

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

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Ms. Becky Kapp, Director, Aging and Adult Services Division, submitted a letter advising the Council that Humana has offered to donate $500 to Salt Lake County’s Aging and Adult Services Division to be used for its Aging Mastery Program (AMP).

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 DeBry, moved to accept the gift and forward the Declaration of Gift form to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Newton were absent for the vote.] The Council motion passed unanimously, authorizing the County Clerk to forward the Declaration of Gift to Humana, showing that all Council Members present voted “Aye.”

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Ms. Victoria Panella Bourns, Program Manager, Zoo, Arts and Parks (ZAP), submitted a letter requesting approval for Zoo, Arts and Parks (ZAP) Tier II funding for 2016 for the following organizations:

Organization 2016 Funding Recommendation

Alta Arts Council $15,000 American West Symphony and Chorus $ 6,500 Artes de México en Utah $12,000 Artistic Resource for Teachers and Students, Inc. $21,000 Artists of Utah $ 8,500 Ashley Anderson Dances $ 5,500 Asian Association of Utah $ 9,000 Bad Dog Arts $45,000

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Bluffdale Arts Advisory Board $ 9,000 Brevitas $ 3,000 Brolly Arts $ 7,700 CBCNOW Dance Theater/NOW-ID $ 7,000 Center for Documentary Expression and Art $35,000 Central Utah Art Center/CUAC $ 7,300 Chamber Music Society of Salt Lake City, Inc. $ 8,000 Children's Media Workshop $ 7,000 Children's Theatre and School of the Arts $ 8,000 Chinese Association for Sciences and Technology in Utah $ 3,500 ChitraKaavya Dance $ 2,200 Choral Arts Society of Utah $23,000 City Art $ 2,700 City of South Jordan/Gale Center of History and Culture $ 6,600 City of South Salt Lake Arts Council Inc. $13,000 City of West Jordan/West Jordan Arts Council $13,500 Cityjazz $ 1,500 Cottonwood Heights/ Cottonwood Heights Arts Council $10,000 Craft Lake City $ 7,500 Dance Theatre Coalition $10,000 Daybreak Community Theatre DBA Kensington Theatre Co. $10,000 Draper Arts Council / Draper Community Foundation $ 9,500 Draper Community Foundation - Draper Historical Society $ 4,500 EngAGE Utah $ 1,500 Excellence in the Community Inc. $ 9,000 Festival Concerts $ 6,000 First Night Salt Lake City/Downtown SLC Presents $31,000 Foothill Cultural District $ 3,000 Fort Douglas Military Museum Association $13,000 Friends of Gilgal Garden $ 5,000 GAM Foundation $12,000 Gina Bachauer International Piano Foundation $48,000 Grand Theatre Foundation, Inc. $65,000 Great Salt Lake Audubon $ 2,000 Great Salt Lake Fringe $ 1,500 Greater Avenues Community Council $ 1,500 HawkWatch International $21,000 Heart & Soul $29,500 Herriman City/Herriman City Arts Council $12,000 Hibernian Foundation of Utah $ 4,500 Historic Draper Playhouse/Draper Historic Theatre $10,500 Holladay Arts Council $13,500 I.J. & Jeanne Wagner Jewish Community Center $11,000 India Cultural Center of Utah $ 6,500 Intermountain Acoustic Music Association $10,500 Intermountain Suzuki String Institute $ 4,500 International Children's Choir School $ 2,000

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Italian American Civic League $ 5,500 Jazz Arts of the MountainWest $23,000 Jordan Valley Conservation Gardens Foundation $15,000 Jubilate $ 4,300 Maud May Babcock Reading Arts Society $ 1,300 Metropolitan Opera Association, Inc./Utah District Auditions $ 1,750 Midvale Arts Council, Inc. $14,000 Mountain West Ballet $17,000 Mt Olympus Japanese American Citizens League (JACL)/Nihon Matsuri $ 5,000 Murray City Corporation / Murray City Cultural Arts $77,000 Murray Community Arts Council dba Murray Arts Council $11,500 Murray Symphonic Band/Murray Concert Band $ 2,000 Murray Symphony $ 4,000 NOVA Chamber Music Series $20,000 Obert C. Grace A. Tanner Humanities Center $ 8,500 Odyssey Dance Theatre $29,000 Off Broadway Theatre Inc. $ 7,000 One Voice Children's Choir $ 3,000 Oquirrh Hills Performing Arts Alliance/Empress Theatre $15,000 Oratorio Society of Utah $ 6,000 Pacific Island Knowledge 2 Action Resources Inc. $ 1,500 Park City Chamber Music Society $ 2,000 Performing Arts Coalition, Inc. $ 3,500 Phoenix Jazz and Swing Band $ 2,800 Pinnacle Acting Company $ 5,000 Pioneer Craft House $10,500 Plan-B Theater Company $40,000 Pygmalion Productions Inc. $13,000 Riverton Arts Council $12,000 The Madeleine Arts and Humanities Program $10,000 SALT Contemporary Dance $ 2,500 Salt Lake American $ 2,000 Salt Lake Children's Choir $ 6,000 Salt Lake Choral Artists $35,000 Salt Lake City Chapter of the Barbershop Harmony Society/Beehive Statesmen $ 7,000 Salt Lake Ethnic Arts Council $ 3,500 Salt Lake Music School Foundation $ 5,000 Salt Lake Scandinavian Music & Dance $ 2,600 Salt Lake Symphonic Winds $ 3,000 Salt Lake Symphony $14,000 Saltgrass Printmakers $ 9,500 Salty Cricket Composers Collective $ 6,500 Sandbox Theatre Company $ 1,500 Sandy Arts Guild $77,000 Sandy Museum Foundation $ 5,500 SB Dance $10,000 Shango Music and Dance/Samba Fogo $14,000

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Sinfonia Salt Lake $ 1,000 Society for Preservation and Propagation of Eastern Arts $ 7,000 South Jordan City Arts Council $18,000 Sugar Space Foundation $ 3,000 Sundance Institute $90,000 Sweet Adelines International Mountain Jubilee Chapter $ 8,500 Taylorsville Arts Council $11,500 Taylorsville Bennion Heritage Center $ 4,500 Telugu Association of Utah (TAU) $ 500 The Bboy Federation $ 7,000 The Leonardo $65,000 The Mundi Project $14,000 The National Tongan American Society $ 4,000 The Salt Lake Men's Choir $ 8,000 The Salt Lake Scots Pipe Band & White Heather Dancers $ 7,500 The Society for the Preservation of Barber Shop Quartets/Saltaires Chorus $ 2,500 This Is The Place Foundation $45,000 Torrey House Press $ 5,000 TreeUtah $34,000 Ulhaas Bengali Association of Utah $ 500 University of Utah Guest Writers Series $ 8,000 University of Utah/Youth Theatre at the U $11,500 Utah Arts Alliance $13,000 Utah Arts and Cultural Coalition/NowPlayingUtah $11,500 Utah Chamber Artists $19,000 Utah Classical Guitar Society $ 3,500 Utah Cultural Alliance $ 9,500 Utah Cultural Celebration Center $70,000 Utah Flute Association $ 1,000 Utah Hispanic Dance Alliance, Inc. $ 8,000 Utah Museums Association $ 7,000 Utah Neighborhoods Assoc. of Community Councils/Brighton Institute $ 500 Utah Old Time Fiddlers $ 4,200 Utah Philharmonic Orchestra $ 9,000 Utah Tamil Sangam $ 500 Utah Watercolor Society $ 2,500 Utah Wind Symphony $ 9,000 Utah Youth Orchestras & Ensembles $14,000 Visual Art Institute $35,000 Viva Brazil Cultural Center DBA Utah Brazilian Festival $ 6,000 Wasatch Community Gardens $40,000 Wasatch Community Symphony Orchestra $ 2,000 Wasatch Contras $ 3,000 Wasatch Theatre Company of Salt Lake County $ 2,500West Jordan Historical Society $11,000West Valley Symphony of Utah $ 5,500Westminster College/Anne Newman Sutton Weeks Poetry Series $ 7,000

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Westminster College/Classical Greek Theatre Festival $ 8,500Westminster College/Westminster Players $ 7,500Writers at Work the Park City Conference $ 6,000Young Artist Chamber Players, Inc. $12,500

The Council denied the applications of the BCS Projects, Alliance House, Just Don’t Quit Foundation, Utah State Fair Corporation, Witness Music, and Kostopulos Dream Foundation.

If revenues do not meet projections and are less than the total recommended, each awardee will be decreased a prorata amount. If the funding is more than the recommended amount, the excess funds will first be used for the Local Arts Agency Advancement initiative and then rolled over for the 2017 Tier II process.

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

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Mayor Ben McAdams submitted a request to rename the Salt Lake County Public Works Building the Randy Horiuchi Salt Lake County Public Works Building.

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 Wilson, moved to approve this change and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed 8 to 1 with Council Member Snelgrove voting in opposition.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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The Council reviewed a request to approve the written argument in favor of the Parks and Recreation ZAP Bond, which will be on the ballot in November.

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 Granato, moved to approve the request 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. Gary Edwards, Director, Salt Lake County Health Department, submitted a letter requesting an interim budget adjustment of $70,393 to replace the Ellis Shipp roof.

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Mr. Tim Whalen, Director, Behavioral Health Services Division, submitted a letter requesting an interim budget adjustment of $391,870 to streamline interfund transactions between Behavioral Health Services and Criminal Justice Services for residential treatment services.

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Ms. Karen Crompton, Director, Human Services Department, submitted a letter requesting an interim budget adjustment of $2,000 for the Talking is Teaching program. Funding will come from the Intermountain Healthcare Community Partnership Fund.

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Ms. Rozan Mitchell, Director, Election Clerk’s Division, submitted a letter requesting an interim budget adjustment of $150,000 to purchase the Agilis sorting machine in two annual payments rather than leasing the machine in five annual payments.

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Ms. Karen Crompton, Director, Human Services Department, submitted a letter requesting an interim budget adjustment of $1,000,000 to move the New Case Management System project from the Stat and General and Office of Regional Development’s budgets to the Criminal Justice Services and Youth Services Divisions’ budgets

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 DeBry, moved to approve the interim budget adjustment requests, and forward them 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 effect the same, showing that all Council Members present voted “Aye.”

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Mr. Max Johnson, Planning and Development Services Division, explained the following rezoning application and reviewed a map of the property: (4:20:51 PM)

Application #29972 – Salt Lake County Township Services to reclassify property located at 4186 S. Main Street from an M-1 and M-2 zone to an MD-3 zone.

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Last year the Council adopted the small area plan for Millcreek to be more consistent with the general plan and to provide for opportunities to energize this community. There has been a lot of input and interest from companies wanting to develop manufacturing businesses, such as a bio-chemical laboratory, medical waste facility, and construction equipment yard. So Salt Lake County’s Office of Township Services’ Economic Development Division requested this rezone to protect the area until Millcreek City can take ownership of it. The original rezone application was for 18 parcels on 22.20 acres. The Millcreek Township Planning Commission voted 4 to 3 in favor of modifying that to 6 parcels fronting Main Street totaling 9.33 acres.

Council Member Jensen asked why the planning commission only voted to support the 9.33 acres instead of all 22.20 acres.

Mr. Johnson stated there was opposition to the rezone by affected owners because their uses would become non-conforming and they would lose a manufacturing area.

Council Member Bradley asked if the existing owners were still adverse to the 9.33 acres, and if there businesses were at risk.

Mr. Johnson stated he did not think any of the existing owners were in favor of the rezone.

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

Mr. Steve Benson, McKinnon Enterprises, spoke in opposition to the rezone stating he owns the small parcels on the Main Street frontage. He has tenants there now, but if the rezone takes place, those tenants will not be allowed to continue their businesses. If they vacate the parcels, he will no longer have an income. Plus, his property taxes will increase if the property is rezoned. Typically, the County waits until a property owner makes an application to rezone. This is putting the cart before the horse.

Council Member Jensen asked how the County has the ability to rezone someone else’s property who does not want their land rezoned.

Mr. Johnson stated the land is in an Urban Renewal Area (URA). It is in the interest of the community to move towards more sustainable development and protect the property from being used for manufacturing/industrial type uses for the next 30-50 years. The idea is to move towards more transit-oriented development, with some grocery component and additional homes.

Council Member Jensen asked if the URA rules allowed the County to change the zone on somebody else’s property. If he had a neighbor who wanted to rezone their property, they could not rezone his house because it did not belong to them. Changing the zone here knowing it will affect property owners’ businesses seemed like a taking.

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Mr. Chris Preston, Deputy District Attorney, stated the County is responsible for regulating land uses within the unincorporated area. The Office of Township Services is attempting to bring the area into compliance with the general plan and the small area plan for that area.

Mr. Johnson stated the rezone will affect the ability for property owners to create new uses. Some uses are allowed in an M-1 zone, but will not be allowed in an MD-3 zone. However, property owners would still be allowed to continue business as is.

Mr. Benson stated he filed for a conditional use permit, which has been put on hold. The County does not want to give him a permit to start a business that he could continue.

Mr. Johnson stated the permit was put on hold pending the result of the rezone.

Mr. Delbert Davis, Morgro Inc., spoke in opposition to the rezone stating he owns property across from TRAX to the west and at the end of a private road. None of his property is contingent with other parcels, with the exception of two parcels to the north. He could not imagine anyone wanting to build high density housing adjacent to his business. When he bought the land in 1979, he did so knowing it would take a certain amount of time for his business to grow and flourish. He expected to stay another 10 years with the current growth rate. If the rezone is approved, he would not even be able to get a building permit to add new buildings. The County seems to have a heavy hand when it wants something, regardless of what taxpayers want. He submitted a letter to the Council explaining the economic impact the rezone would have on Morgro Inc. (Letter on file in the Council Clerk’s Office.)

Mr. Douglas Black spoke in opposition to the rezone stating he owned two parcels at 155 West Central Avenue on the west side of TRAX. If the rezone is approved, it would make his business non-conforming. The business may be grandfathered in, but he would not be able to get a building permit to add onto the building. Any future tenant would need a conditional use permit, so would probably not rent from him. M-1, 2, and 3 zones are notorious for jobs. Over 100 jobs are tied up in three parcels there. Residential zoning would kill that sooner or later. His current tenants do not want to leave; there is no place for their businesses elsewhere, so this rezone is going to kill all of these businesses.

Mr. Wade Budge, Snell & Wilmer, representing Ash Grove Cement Company, stated Ash Grove owns two parcels on Central Avenue that are within the 22.20 acres, but not the 9.33 acres. Ash Grove is not opposed to rezoning the 9.33 acres, but would be opposed to a rezone for the 22.20 acres. Ash Grove supplies cement to a number of large public construction projects throughout the valley, and is helping to facilitate the airport redevelopment. It uses the property to load and off-load supplies. It also stores fly ash used in the cement making process, but does not actually mix the cement on site. The site is currently operated by Geneva, and it will continue to operate that. Ash Grove would like to work with the new city of Millcreek on coming up with a zoning district that will work well for redevelopment in the area, while still respecting the existing uses. He submitted pictures of the site pointing out two silos, in which Ash Grove stores the fly ash.

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Council Member Bradley stated the advantage for Ash Grove with this particular piece of property is the infrastructure, i.e. the silos. He asked if there was also an advantage because of the location to the freeway. He thought Ash Grove could move closer to the airport and rebuild the silos, thereby save money on transportation.

Mr. Budge stated there are a number of reasons why this is a strategic site.

Mr. Jeff Silvistrini, Chair, Mt. Olympus Community Council, spoke in favor of the rezone. This came about because of the inquiries to develop a biodiesel facility and some other manufacturing facilities. Those uses are permitted under the current zone, which raised the issue whether those uses long-term would be disruptive to the small area plan and what Millcreek wants the property to be used for in the future. The property lies between the Meadowbrook TRAX station on the north and the Fireclay station on the south. It is prime transit oriented development property (TOD). Millcreek would like to start developing a TOD over the next 50 years. The Millcreek Township Council voted unanimously in favor of the 9.33-acre rezone, as did the candidates for the Millcreek City Council. They would like to see the small area plan implemented. He thought the reason the planning commission voted to approve 9.33 acres rather than 22.20 acres was because property owners using it for manufacturing purposes spoke against it. The planning commission thought it had a better chance of the County Council’s approval with the smaller acreage. The Council will be deciding on a moratorium on September 13, 2016. Until then, the future of this property is in jeopardy.

Council Member Jensen asked if Mr. Silvistrini had spoken to the land owners.

Mr. Silvistrini stated he spoke with the land owner of the property on Main Street about the problem with using the land for manufacturing purposes, and told him this area was the most likely to be developed into multi-use, and that if he was patient, he would get a lot of money for his property when that happened. The conditional use application is a placeholder to use the property for an equipment storage yard. That would get the community very little tax revenue, and it does not give it many jobs.

Mr. Jason Rose, Legal Counsel, Council Office, stated the moratorium only applies to new applications.

Mr. Silvistrini stated the only application is the conditional use application, and that would be blocked by this rezone because the application for the rezone was filed first. That is why the conditional use application was held up. If the rezone is not approved, that application would be processed. With the moratorium, it would not go into effect until 60 days before Millcreek City’s incorporation, so likely November 1, 2016. The Council needs to act today to prevent that from happening.

Mr. Greg Bailey spoke in opposition to the rezone stating he owns property at 165 West Central Avenue, which he bought and improved 10-15 years ago. He also owns property downtown, but because the homeless people trespass onto it, he was thinking of moving that business to this location too. Since the property value of just land is about half the value of land with a warehouse on it, the County’s proposal would cause him to have to move, but cut his sale price in half. That is not fair. He wanted to keep his property and keep it zoned

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as it is so he could use it as he has been doing. Mr. Silvestrini spoke as if the land was his property, claiming land that belongs to someone else. That is unheard of. It belongs to the people who own and maintain it. The County is on the wrong track making money at land owners’ expense.

Ms. Alexandra Eframo spoke in opposition to the rezone stating it is abominable that government can do this. These property owners have been operating their businesses there for years, and do not want to be rezoned. It would be the same thing if someone rezoned a Council Member’s home that they had owned for 45 years, causing them to have to move. There are 300 people working for these businesses, yet it sounded like government wanted them to be homeless. The city of Millcreek needs to work with these property owners in the future, but for now, the Council should leave them alone and vote against the rezone.

Ms. LeeAnn Hansen, Chair, East Millcreek Community Council, spoke in favor of the rezone stating the community council has been discussing the rezone since July. This area is a vital area of economic development for the future Millcreek City. What the rezone does is provide a placeholder until 2017, when Millcreek can make decisions for its future economic development. She asked the Council to approve the rezone.

Mr. Spencer Hymas, Planner, Office of Township Services, stated if the rezone were approved, the existing uses would be grandfathered in. They would be allowed to continue in their current operation. However, the rezone being in place would prevent any new investment or new development from going in that would potentially derail the efforts of the small area plan.

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

Council Member Jensen stated when the Council approved the master plan he thought that meant that as parcels became available, they would be rezoned. He had not thought the Council was going to rezone chunks of property without the property owners asking or wanting them to be rezoned. So he was struggling with the balance between the master plan and property owners’ rights. He would like to continue this until Millcreek City can take over, and asked how long the Council could continue it.

Mr. Chris Preston, Deputy District Attorney, stated an item can only be continued for a certain amount of time. An applicant is entitled to a decision.

Council Member Jensen stated the applicant is the County.

Mr. Preston stated the law still requires that action be taken within 90 days.

Council Member DeBry stated people’s property rights are in the Constitution. They have the right to own their property, and not be infringed upon or have government come and take it. So government better have a really good reason to infringe upon those rights. He understood the master plan was what was best for the County, but it was disingenuous for the

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County to make the decision for Millcreek City. There are only a few more months before Millcreek can decide its own destiny in its own backyard.

Council Member Granato stated he was torn. As a business owner, he knew the passion, heartache, sweat, and jobs created by these individuals, and did not like to see government get in the face of them making a living and providing for their families. Unless the Council goes forward with the 9 acres today, it needs to table this. He had faith that the first mayor of Millcreek would be fair and just.

Council Member Jensen stated he did not feel comfortable telling the land owners that Salt Lake County was rezoning their land whether they liked it or not. He did not want to take away land owners’ ability to modernize, update, or expand. If the rezone takes place, property owners could not do anything they could normally do within the existing zone. He did not want his name behind that action. He would vote yes if they had requested to rezone their own land.

Council Member Burdick asked legal counsel if there was a way to continue this until the new city can make a decision.

Mr. Jason Rose, Legal Counsel, Council Office, stated it would be legally permissible to table the matter today. Then, he or the District Attorney’s Office could give the Council further legal advice on what its options were moving forward.

Council Member Jensen asked if the Council needed to reopen the public hearing if it continued the public hearing.

Mr. Rose stated the Council can table for further deliberations.

Council Member DeBry, seconded by Council Member Granato, moved to table Application #29972 until the Council can get legal counsel to determine what its options are as far as pushing this out to the new city of Millcreek to deal with before it makes a final decision.

Council Member Burdick asked if the Council had to set a date for the continuation of the public hearing.

Mr. Rose stated the Council can continue it until it is ready to put it back on an agenda.

Council Member Jensen stated because a decision is pending, no action can take place on the conditional use application.

Mr. Preston stated a provision in statute provides for the conditional use process. Since the conditional use application was for a use allowed in an M-1 or M-2 zone, and the zone change application had been filed before the conditional use application, it was put on hold. It is on hold until a decision is made on the zone change application. The statute says if no action is taken within 180 days, then the conditional use application can be renewed.

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Council Member Jensen stated that does not get the Council until the end of the year.

Council Member Burdick asked if the 180 days started from the date of the filing.

Mr. Preston stated 180 days is from when this ordinance was reviewed the first time before the public.

Mr. Johnson stated that would have been June 7, 2016, so 180 days after is December 7, 2016.

Council Member Bradshaw asked if County staff had heard from the largest property owner, Wind River Investments.

Mr. Johnson stated he had not had any contact with that property owner. He believed they were in attendance at the planning commission meeting, but did not speak.

Council Member DeBry, seconded by Council Member Granato, moved to table Application #29972 until the Council can get legal counsel to determine what its options are as far as pushing this out to the new city of Millcreek to deal with before it makes a final decision. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Spencer Hymas, Planning and Development Services Division, explained the following rezoning application and reviewed a map of the property: (5:12:50 PM)

Application #29971 – Michael Smith to reclassify property located at 1212 East 4500 South from an R-2-10 to an R-M zone.

This is for .32 acres to be rezoned from medium density residential to high density residential. The R-M zone allows some office components and limited commercial elements as well. Currently, there are various uses along 4500 South, including offices, high-density residential, senior living facilities, and even commercial. The rezone is consistent with the general plan along the 4500 South corridor, and satisfies some elements of it, including the objective for developing neighborhood-level retail, commercial activity, and professional services for quick and easy access by residents, and improving the quality of the streetscape along key corridors in Millcreek’s neighborhoods, especially along major arterial streets.

The Millcreek Community Council heard this on July 5, 2016, and gave it a favorable recommendation, with zoning conditions limiting the density to 12 units per acre and the height to 35 feet. The subject property is adjacent to property zoned R-M to the south and to the east, which also carries the zoning condition limiting the density to 12 units per acre and the height to 35 feet. The applicant is requesting the rezone so he can apply for a conditional use permit for a dental office. The community council did not seemed concerned with a dental office, as limited commercial is available in the R-M zone, but recommended the 12 units per acre

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restriction in case the property did not get developed as a dental office. It wanted the property to remain consistent with the adjacent zoning. Then, the Millcreek Township Planning Commission also recommended approval of the zoning with the condition to limit the density to 12 units per acre and the height to 35 feet.

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

Ms. Christine Raines spoke in opposition to the rezone stating she owned property at 1200, 1224, and 1236 East 4500 South, and 4529 South 1200 East. Those four properties surround the applicant’s property. She thought the applicant should have the same restrictions that were placed on her property when she applied for an R-1-M zone change, which was the 12-units per acre, the height limit, and that the property be residential only. She lacked trust in the applicant, believing he would only do what he wanted. She tried to sell her property to a developer who tried to negotiate with Mr. Smith to buy his property or trade him property in another location that is just as good, but he would not agree to that. The developer ended up walking away because of the applicant’s intent to build a dental office and unwillingness to negotiate. She was also concerned that once the applicant had his dental office, he would expand. Since the property is fairly small, it will probably just have adequate parking. If there is overflow parking, it will probably encroach onto surrounding properties. The current owner is not a good neighbor either. He allows his tenants to trespass across her property. They also leave garbage out and have dug a grave for pets.

Mr. Mike Smith, applicant, stated he currently practices dentistry east of Highland Drive, but would like to move his practice to this location. He acquired the property over four years ago, and has been renting it to others. He did have some young men renting from him who caused problems. Every time, Ms. Raines called him with a problem, he responded in a timely manner. He wrote the men up several times, and has since evicted them. Afterward, he did not hear from Ms. Raines until recently when someone getting soil samples for his conditional use application crossed onto her property. After she notified him, he asked his builders to only access his property from 4500 South, which they are now doing. Then, he did try to work with Ms. Raines’ developers. It would have been beneficial to trade property and be on the corner, but there were many setbacks and dedicated frontage for the Utah Department of Transportation along 4500 South making it impossible for him to get the design he wanted for his office. He had already spent a lot of money on an architect to design the property. The building size would not have been adequate either for what he needed for his practice.

His plan is to develop that property, and landscape it to beautify it. He will also put a fence all the way around it to block off all access to it except off 4500 South. His patients will not be able to cross over Ms. Raines property. He had no plans to expand. He will be the only dentist working at this location, and will have three additional staff members, so will not need additional parking. He has spoken with other neighbors, one who was in favor of the dental office. She told him other neighbors were also in favor of it, since he will be keeping the height below 35 feet and limiting the density.

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Ms. Alexandra Eframo spoke in opposition to the rezone stating the only neighbor she has heard from this evening was Ms. Raines whose properties surround Mr. Smith’s, so her opinion should merit a lot. It is nerve-wracking to have people walk across one’s property. The doctor should not have bought that property for a dentist office if it was not zoned for that.

Council Member Jensen, 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 Bradshaw asked why an area would be rezoned R-M, but then restricted for residential use.

Mr. Hymas stated it would be because of the multi-family component, i.e. the density. The restriction could have been a zoning condition the community wanted based upon the fact that the properties currently zoned R-M do not have frontage along 4500 South. He did not know of any other zoning conditions that limited R-M to residential only,

Council Member Bradshaw stated he was inclined to follow the recommendation of the planning commission. The request is also in compliance with the master plan.

Council Member Bradshaw, seconded by Council Member Jensen, moved to forward Application #29971, with zoning conditions to limit the height to 35 feet and the density to 12 units per acre, to the September 13, 2016, Council meeting for formal consideration. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Jeff Miller, Planning and Development Services Division, explained the following rezoning application and reviewed a map of the property: (5:32:23 PM)

Application #29759 – Richard Smith to reclassify property located at 4102, 4108, and 4120 South 900 East, and 849, 857, 865, and 875 East 4125 South from an R-2-10 to an R-M zone.

This request is to rezone seven parcels, which includes two parcels owned by Mr. Smith and five surrounding parcels owned by adjoining property owners. This rezone request will correct a zoning violation for the property located at 4108 South (Case #19979). The applicant was approved for a duplex, but changed that to a 4-plex. Changing the zone to R-N will allow him to have the 4-plex at that location. The applicant has informed the Planning staff that in addition to correcting that zoning violation, it would allow and encourage the redevelopment of the parcel to the north. That parcel is a fairly narrow and long parcel that would be difficult to develop under the current R-2-10 zone.

The parcels to be rezoned are adjacent to large areas of R-N zoning directly to the north on both sides of 900 East. Directly across the street to the east is a large area zoned R-1-10,

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currently undeveloped. It is owned by Salt Lake County, and appears to be used for some type of agricultural purpose. To the south and west are parcels zoned R-2-10 and used as single family residential. Further south are areas zoned R-1-5 and R-1-8, used as single family residential as well.

The Millcreek Community Council gave a favorable recommendation, with a maximum height limit of 35 feet. The Planning staff felt that was appropriate since a number of single family homes surround the properties to be rezoned. The Millcreek Township Planning Commission heard the request on April 13, 2016, but continued it to a future meeting. At that time, the applicant was in the process of deciding what parcels would be included in the rezone. One of the planning commissioners suggested the two corner properties be included in the rezone request to prevent any sort of split zoning leaving those two properties out. The applicant went back and talked to adjacent property owners, two of whom joined the rezone request. The applicant purchased another one of the properties. The Millcreek Township Planning Commission heard the request again on July 13, 2016, and voted 5 to 2 to recommend approval to the County Council, with the recommendation to limit the height to 35 feet to peak or ridgeline of the structure.

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

Council Member DeBry asked how big the County property was and what its exact coordinate was.

Mr. Miller stated he did not have the exact acreage, but it was probably three to five acres. It is located at about 4125 South 900 East.

Council Member Bradley stated the property is being leased out to individuals who keep horses on it.

Council Member Bradshaw asked if the proposed conditions were amiable to the applicant.

Mr. Richard Smith, applicant, stated yes.

Council Member Bradshaw, seconded by Council Member DeBry, moved to close the public hearing and forward Application #29759, with the zoning condition to limit the height to 35 feet, to the September 13, 2016, Council meeting for formal consideration. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Jeff Miller, Planning and Development Services Division, explained the following rezoning application and reviewed a map of the property: (5:40:21 PM)

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Application #29887 – Angel Juarez-Aguilar to reclassify property located at 5405 West 4700 South from an M-1 to a C-2 zone.

The applicant’s intent is to change the use of the vacant building located on this property for a grocery store. The Economic Development Director sent a letter to Planning & Development Services in support of the rezone request. According to the general plan, this subject project is located in a focused area of change. It is located along 4700 South roughly two blocks east of 5600 West in an area previously known as Camp Kearns. Directly north of the property is a large parcel used to manufacture wood material. Further north is a large area of single family homes. To the south and west of the property within the Camp Kearns area are large areas zoned M-1- and M-2. To the east, south, and west of that area are large parcels of single family residential uses.

One concern with this request was that most of the surrounding uses are of an industrial nature. However, there are also a number of single family homes in the surrounding area. As such, Planning staff felt that the allowable height of 75 feet might be a negative impact for the residential uses, so recommended to the Kearns Township Planning Commission that the height be limited to 35 feet. There are two existing silos on the property, which are over 35 feet. However, the applicant has informed Planning staff they will be removed.

This item was presented to the Kearns Township Planning Commission on April 11, 2016, which gave two recommendations. The first was to limit the height of structures to 35 feet to peak or ridgeline. The second was to correct some incorrect parcel descriptions. Historically, there were a lot of discrepancies. One parcel was broken up into two separate parcels, with a three-foot gap between the two parcels. Planning staff asked the applicant to work with a surveyor and narrow down what the actual property description should be for the property. That three-foot gap has since been removed and the descriptions corrected, and are accurate at this point.

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

Mr. Steve Cable stated his family owns the property directly south of the subject property at 5403 and 5407 West 4700 South. Their only concern with the rezone request is that the road not be used for overflow parking. His family purchased that dirt road from the previous owner with the intent of dedicating it to the County if the County will pave it. Having the road paved would increase the value of his property. With the exception of that section of the road, the road has been dedicated to the County

Council Member Bradley asked what was kept on the property.

Mr. Cable stated there is an 8,000 square foot warehouse on the property and 1.5 acres of yard space where equipment is stored. That was being leased out, but his family evicted the tenants and is currently in the process of renovating the property.

Council Member Bradley stated he did not understand the issue with parking on the street.

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Mr. Cable explained the only access to his property was the dirt road, and when he does have a tenant, they use semi-trucks for work or deliveries. Those semi-trucks have a difficult time turning around when vehicles are parked along the road. He is already dealing with another business on the other side of the street that is clogging the road with vehicles.

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 Bradshaw, seconded by Council Member Jensen, moved to forward Application #29887, with the zoning condition to limit the height to 35 feet, to the September 13, 2016, Council meeting for formal consideration, and refer the parking concern to the Planning and Development Division, which it will take care of during the site planning phase.

Mr. Miller stated the parcel is over an acre in size so it is required to go through the conditional use approval process. Parking will be thoroughly analyzed to make sure there is sufficient parking on the property for the use.

Council Member DeBry asked who owned the road, and how the rezone would affect it.

Mr. Miller stated various property owners, including Salt Lake County own the road. The property owners would like the County to ultimately pave it. The rezone is so the applicant can open a grocery store, but the property is small so it would have to be a fairly small store. The applicant does not anticipate more parking will be needed.

Council Member DeBry stated the owners of the road can put up “no parking” or “private parking” signs. Then, if someone violates those, they can have the vehicles towed. That is a civil matter. He asked why the County would pave the road if it does not own all of it.

Mr. Miller stated the road would be dedicated to the County so it could be paved, but funding is not in place at this time to pave the road.

Council Member Bradshaw, seconded by Council Member Jensen, moved to forward Application #29887, with the zoning condition to limit the height to 35 feet, to the September 13, 2016, Council meeting for formal consideration, and refer the parking concern to the Planning and Development Services Division, which it will take care of during the site planning phase. 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 5:54:21 PM until Tuesday, September 13, 2016, at 4:00 P.M.

SHERRIE SWENSEN, COUNTY CLERK

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By ________________________________ Deputy Clerk

__________________________________ CHAIR, SALT LAKE COUNTY COUNCIL

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Documents

· Web viewUtah Classical Guitar Society $ 3,500 Utah Cultural Alliance $ 9,500 Utah Cultural Celebration Center $70,000 Utah Flute Association $ 1,000 Utah Hispanic Dance Alliance,