· web viewthe salt lake county council, state of utah, met on tuesday, june 11, 2013,...

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D A T E T U E S D A Y J U N E 11, 2013 1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, JUNE 11, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, JUNE 4, 2013, AT THE HOUR OF 4:03:14 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 ARLYN BRADSHAW DAVID WILDE SAM GRANATO MAX BURDICK STEVEN DEBRY, Chair COUNCIL MEMBERS EXCUSED: JIM BRADLEY MICHAEL JENSEN OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR SIM GILL, DISTRICT ATTORNEY PLANNING & ZONING By: TOM CHRISTENSEN, DEPUTY DISTRICT ATTORNEY JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE SHERRIE SWENSEN, COUNTY CLERK By: GAYELENE GUDMUNDSON & LINDA DUFFY, DEPUTY CLERKS ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ Council Member DeBry, Chair, presided. ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ Mr. Max Johnson, Planning & Development Services Division, led the Pledge of Allegiance to the Flag of the United States of America. ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦ 352

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Page 1: · Web viewTHE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, JUNE 11, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, JUNE 4, 2013, AT THE HOUR OF 4:03:14 PM, AT THE SALT LAKE

D A T E T U E S D A Y J U N E 11, 2013

1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, JUNE 11, 2013, PURSUANT TO ADJOURNMENT ON TUESDAY, JUNE 4, 2013, AT THE HOUR OF 4:03:14 PM, AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1100, SALT LAKE CITY, UTAH.

COUNCIL MEMBERSPRESENT: RANDY HORIUCHI

RICHARD SNELGROVEARLYN BRADSHAWDAVID WILDESAM GRANATOMAX BURDICKSTEVEN DEBRY, Chair

COUNCIL MEMBERSEXCUSED: JIM BRADLEY

MICHAEL JENSEN

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR SIM GILL, DISTRICT ATTORNEY PLANNING & ZONING

By: TOM CHRISTENSEN, DEPUTY DISTRICT ATTORNEYJASON ROSE, LEGAL COUNSEL, COUNCIL OFFICESHERRIE SWENSEN, COUNTY CLERK

By: GAYELENE GUDMUNDSON & LINDA DUFFY, DEPUTY CLERKS

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Council Member DeBry, Chair, presided.

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Mr. Max Johnson, Planning & Development Services Division, led the Pledge of Allegiance to the Flag of the United States of America.

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Council Member Wilde opened the meeting with an inspirational thought/reading/invocation.

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Mayor Ben McAdams submitted letters requesting the Council’s advice and consent to the reappointments of Darrell H. Smith and Richard J. Turpin as members of the

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D A T E T U E S D A Y J U N E 11, 2013

Salt Lake County Library Board to serve three-year terms. Their terms begin July 1, 2012, and end June 30, 2015.

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Mayor Ben McAdams submitted a letter requesting the Council’s advice and consent to the appointment of Cecelia R. Morell as a member of the Salt Lake County Sorenson Multicultural Center to serve a partial term. Her term began May 1, 2013, and will end November 15, 2013.

Council Member Horiuchi, seconded by Council Member Wilde, 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 requests and forward them 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, showing that all Council Members present voted “Aye.”

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Council Member Burdick spoke under “Report of Council Members” asking the Mayor to comment on the status of deferred maintenance before the finalization of June budget adjustments.

Mayor Ben McAdams stated that would be done at next week’s meeting.

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Council Member Snelgrove spoke under “Report of Council Members” recognizing the 50th Anniversary of the Wesley Bell Ringers of Christ United Methodist Church.

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Council Member Horiuchi spoke under “Report of Council Members” regarding the beautiful facility the County has at the South Jordan Library.

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT between Salt Lake County for its Center for the Arts Division and Dennis O’Brien – Property Located at 50 West 200 South. Mr. O’Brien will grant to Salt Lake County, for no fee, a Temporary Construction Easement for certain improvements including removing and replacing some concrete walkways, replacing an ADA ramp, relocating a sign, and several other items needed for the construction of the new Ballet West building and remodeling of Capitol Theatre.

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D A T E T U E S D A Y J U N E 11, 2013

RESOLUTION NO. 4707 DATE: June 11, 2013

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING THE EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH DENNIS O’BRIEN.

A. Salt Lake County (the “County”) owns a parcel of real property where the Capitol Theatre is located at 50 West 200 South, Salt Lake City, Utah (“Capitol Theatre Property”).

B. Salt Lake County will be remodeling the Capitol Theatre and constructing a new Ballet West building on the Capitol Theatre Property starting this summer (“Capitol Theatre Project”). As part of the Capitol Theatre Project, certain improvements must be made that affect the adjoining property owned by Dennis O’Brien (“O’Brien Property”), including removing and replacing some concrete walkways, replacing an ADA ramp, relocating a sign, and several other items.

C. A Temporary Construction Easement Agreement has been negotiated to grant the County the right to make these improvements that encroach onto the O’Brien Property for no fee.

D. In order to allow for the Capitol Theatre Project to proceed, it has been determined that the best interests of the County and the general public will be served by executing the Temporary Construction Easement Agreement attached hereto as Exhibit A.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Temporary Construction Easement Agreement, attached as Exhibit A and by this reference made a part of this Resolution, is hereby approved and the Mayor and County Clerk are hereby authorized to execute the original of said Temporary Construction Easement Agreement and to deliver the fully executed document to the County Real Estate Division for recording with the Salt Lake County Recorder’s Office.

1APPROVED and ADOPTED this 11 th day of June, 2013.

SALT LAKE COUNTY COUNCILATTEST (SEAL)

By /s/ STEVEN DEBRY Chair

By /s/ SHERRIE SWENSEN County Clerk

Council Member Bradshaw, seconded by Council Member Burdick, 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 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,

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D A T E T U E S D A Y J U N E 11, 2013

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. Melvin Davis, an employee of the Engineering & Flood Control Division, submitted a Disclosure of Private Business Interests form advising the Council that he is employed as a baseball umpire and football official.

Council Member Bradshaw, seconded by Council Member Burdick, 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. Lee Gardner, County Assessor, submitted a letter recommending refunds in the amounts indicated be issued to the following businesses for overpayment of 2013 personal property taxes. These businesses have a refund due to incorrect calculations, have a credit due, or are no longer in business:

Taxpayer Refund

Nammo Composite Solutions $3,563.82House of Hearing $ 179.91Two Men & A Truck Salt Lake $ 192.23Extra Space Headquarters $ 880.20Warner Truck Center $1,500.12Mountain Coin Distributing $ 187.14John Foley Dr. $ 298.01Pioneer Valley Hospital $ 371.58 Debs Salon of Kearns $ 48.11Mobile Computer Repair $ 48.52You’re The Boss $ 28.10

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Mr. Lee Gardner, County Assessor, submitted a letter recommending abatement of the 2008-2012 delinquent property taxes, plus the appropriate penalty and interest, on the Warren R. Conrad property identified as Parcel No. 21-27-177-010. This property was double assessed with Parcel No. 21-27-177-018, and will be dead filed for 2014.

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Mr. Lee Gardner, County Assessor, submitted a letter recommending abatement of the 2008-2010 delinquent property taxes, plus the appropriate penalty and interest, on the

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D A T E T U E S D A Y J U N E 11, 2013

Createrra Inc. property identified as Parcel No. 21-26-451-001. This property is part of a public access road, and will be dead filed for 2014.

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Mr. Lee Gardner, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of 2013 personal property taxes:

Taxpayer Account No. Year Amount

Central Body Shop 24 122830 2013 $ 654.74

Gordan Milar Construction 38 153761 2013 $ 450.32

Isabel Reina & Victor Morales 24 207528 2013 $ 80.05

Jeanne Van Schenkhof 61 026682 2013 $ 78.38

Ron Taggart Insurance 35 142467 2013 $ 50.78

Hull Management Solutions 19 150415 2013 $ 40.42

El Rey Del Taco 01Q162312 2013 $ 27.24

Mark Knudsen 13 145403 2013 $ 245.99

Global Based Technologies 51 163061 2013 $ 930.91

Chalk Garden Co-op 01A074574 / 7 2013 $ 896.99

Village Coin Laundry 24 163643 2013 $ 3,473.3424 164108 2013 $ 2,851.98

Fidelity Investments 24 160174 2013 $12,965.79

Rolfe Construction 37 083376 2013 $ 419.87

Fine Remodel and Construction 35 164466 2013 $ 96.38

Straight Stripe Painting 46B163799 2013 $ 789.79

Douglas J. & Shirley R. Shay 61 203291 2013 $ 313.44

CIT Technology Financing Srvc. 14 084586/1603 2011 $ 203.69

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D A T E T U E S D A Y J U N E 11, 2013

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

Taxpayer Year Amount

Jennifer Gilroy 2013 $153.00Motor Sportsland 2013 $105.80Steven L. Smart 2013 $113.00Solitude Diversified 2012 $113.00

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

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending that liens be recorded on the following delinquent properties deferred from sale:

Parcel Nos.

08-27-226-022, 08-34-157-011, 08-35-405-016, 14-35-103-013,14-35-126-005, 15-11-153-014, 15-11-403-013, 15-12-476-012, 16-21-453-003,16-28-158-002, 21-12-305-021, 22-02-181-015, 22-28-276-017, 28-10-351-003,33-15-152-018

Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the recommendation. The motion passed unanimously, authorizing the Tax Administration Office to file the appropriate Notices of Lien with the County Recorder, showing that all Council Members present voted “Aye.”

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Mr. Mitchell F. Park, Deputy District Attorney, introduced an ordinance entitled “Institutional Controls” to promote public health, safety, and the general welfare of County residents.

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

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D A T E T U E S D A Y J U N E 11, 2013

The Council reviewed the Council of Governments proposal to create and fund an ongoing regional program for homeless services, which would entail that each of the local cities in the valley and the County would contribute 35 cents per person living within their boundaries to a homeless services fund. This money would then be used to fund homeless services programs throughout the greater Salt Lake County metropolitan area.

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Mr. Kevin Jacobs, Chief Deputy Assessor, Assessor’s Office, submitted a letter requesting to fill a Regression Modeler 28/30 position.

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Mr. Phil Jordan, Director, Center for the Arts, submitted a letter requesting to fill a Facilities Operations Worker 15 position, and a Stage Manager 26 position.

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Ms. Pat Berckman, Director, Youth Services Division, submitted a letter requesting to fill a Family Therapist 26/28 position.

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Mr. Russ Wall, Director, Public Works Department, submitted a letter requesting to fill a District Worker 15/17 position.

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Mr. Rolen Yoshinaga, Director, Planning & Development Services Division, submitted a letter requesting to fill a Planner 25/27/29 position, and a Planning Coordinator 19 position.

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

FTE Position Location

1.00 Youth Services Librarian 24/26 Tyler Library1.00 Assistant Circulation Supervisor 19 Hunter Library0.75 Customer Service Specialist 15 Bingham Creek Library

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D A T E T U E S D A Y J U N E 11, 2013

0.50 Customer Service Specialist 15 Smith Library1.00 Customer Service Specialist 15 Riverton Library

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Mr. Wayne Marion, Director, Facilities Management Division, submitted a letter requesting to fill an Electrician 24 position.

Council Member Bradshaw, seconded by Council Member Burdick, 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 requests and forward them 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 County Chief Financial Officer to effect the same, showing that all Council Members present voted “Aye.”

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Ms. Nichole Dunn, Deputy Mayor, submitted a letter requesting approval to apply for a federal grant that, if accepted, would require a local match. Funds obtained from this grant would be used towards the development of a Community Corrections Center Pilot project known as Second Chance Offender Reentry Enterprise (SCORE). SCORE would assist eligible inmates in reentering the community. The grant requires a 50 percent match, which would amount to approximately $350,000 in funding and an additional $800,000 to cover the cost of implementation not covered by the grant.

Council Member Bradshaw, seconded by Council Member Burdick, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Burdick, moved to allow CJAC to apply for the grant with the understanding that the County will match the funds if received, and forward it to the 4:00 p.m. Council meeting for formal consideration. The grant submittal letter needs to be signed by the Council Chair. CJAC is to provide regular updates including data points to the Council. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Spencer Sanders, Planning & Development Services Division, explained the following rezoning application to be heard and presented a map of the area:

Application #27973 – Larry and Tara Lemmon to reclassify property located at 1451 East 3900 South & 3873 South Lemmon Lane from R-2-6.5 zone to RM zone. (4:09:29 PM)

Mr. Sanders stated the applicant requested to rezone .056 acres from R-2-6.5 (Residential Two-family, 6,500 square foot minimum lot size) zone to R-M (Residential Multi-

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D A T E T U E S D A Y J U N E 11, 2013

Family and Office) zone in order to develop the property as a multi-family project.  The property is not perfectly square and there is a slim portion extending to the back, which is part of the driveway that provides access for an adjacent home.  The property is identified on the General Plan Map as “Yellow,” an area that would experience “Moderate Change” over time.  The Millcreek Community Council and the Millcreek Township Planning Commission both recommend approval of the zone change.  Staff recommends approval of the zone change because it would be consistent with the Millcreek General Plan.

Council Member Wilde asked what the maximum amount of density was that could be built on this location.

Mr. Sanders stated initial base density is 25 units per acre. In this case that would mean 12 units on the property. However, with the required setbacks, minimum landscaping, and required additional setbacks for buildings of a certain height, it is unlikely this property could handle anywhere near 25 units per acres. Currently there are two older homes on the property.

Council Member Wilde stated the submitted plan looks to be nine units with nine parking spaces.

Mr. Sanders stated two-car garages are located under each unit. This is only a conceptual plan for the purpose of the zone change. This would go through the conditional use process to make sure the appropriate parking is provided.

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

Ms. Tara Lemmon, applicant, stated one of the houses on the property has been condemned for many years. The other house located on 3900 South, was built in 1920 and has a deteriorating foundation. The property has been for sale for six years, but several contracts have failed. The plan now is to put nicer homes in this otherwise deteriorating property.

Council Member Horiuchi asked how many stories each proposed townhome would have.

Ms. Lemmon stated each would be two stories with a full story being over the two-car garage.

Mr. Neal Lemmon, adjacent property owner, spoke of his concerns for the proposed project. He lives with his mother in a house behind the two subject properties.

Council Member Burdick asked if the access road to his property was paved or a dirt road.

Mr. Lemmon stated it was a dirt and gravel road.

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Council Member Burdick stated that would mean there is an easement over the road.

Mr. Lemmon stated he did not favor the proposed plan. The two subject homes could both be restored. Rezoning would not make a difference. The layout of the property limits what can be built. He was also concerned that this proposed development would hurt the value of his mother’s home or make it difficult to sell. The plan would mean he would have to drive through a parking lot to access their property.

Council Member Horiuchi stated the road would be paved.

Mr. Lemmon stated he liked country roads.

Council Member Snelgrove stated nine housing units means 15 to 20 cars. He asked if that was a concern.

Mr. Lemmon stated yes. His mother walks on the current road for exercise. That amount of cars would be very dangerous.

Council Member Snelgrove stated Mr. Lemmon would have an opportunity to weigh in on the site plan at the conditional use meeting.

Mr. Lemmon stated the same builder who is proposing the townhomes for this site has built a similar dwelling in Salt Lake City. That structure does not blend well with a more suburban residential environment.

Council Member Wilde asked if Mr. Lemmon had expressed his concerns to the Millcreek Community Council or the Millcreek Planning Commission at their public hearings.

Mr. Lemmon stated he did so at the Planning Commission meeting. He would prefer weeds and trees to asphalt and concrete. His mother has lived in her home since 1946 and wants to die there.

Mr. Sanders stated the project may end up being six units and the intention is to have landscaping along the property line. If there is a prescribed right-of-way easement on the property, the developer will have to work that out or move the easement. If it is a blanket easement, then the easement can be moved as long as access to the home is provided. That will ultimately affect what kind of site plan will fit on the property. All of this would be evaluated during the conditional use process.

Council Member DeBry asked if Mr. Lemmon opposed the project completely.

Mr. Lemmon stated he wanted the project limited to something that looks more residential and less “big box” style.

Council Member Burdick asked if Mr. Lemmon has a copy of the recorded easement from the County.

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D A T E T U E S D A Y J U N E 11, 2013

Mr. Lemmon stated he has repeatedly asked the County for the record and the County claims to have no record of it. However, the easement has been on record since the property was subdivided for his family members in 1945. It was also contained in the legal description of his grandmother’s property.

Council Member Burdick recommended Mr. Lemmon talk to an attorney, someone in the real estate profession, or to a title company to help him find the easement. That would be very important in listing the rights he has to the property.

Council Member Snelgrove asked if the townhomes would be condominiums or a rental development.

Ms. Lemmon stated the plan is to have the units owner occupied.

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

Council Member Wilde asked if the current zoning would allow for four duplexes on the two lots.

Mr. Sander stated this could only be done with the creation of a public street. The challenge would be developing a 50-foot wide public street plus the buildings.

Council Member Horiuchi, seconded by Council Member Wilde, moved to accept the Millcreek Community Council and Millcreek Planning Commission recommendations to approve the zone change.

Council Member Horiuchi stated 3900 South is a very busy thoroughfare and getting people to make improvements on single family homes is difficult.

Council Member Bradshaw asked if a Planned Unit Developemnt (PUD) would require an RM zone.

Mr. Sanders stated no. An RM zone allows for townhome use. Without the change each lot could only have two dwelling units. Oftentimes, that results in less units and less open space.

Council Member Snelgrove stated he would like this decision deferred for a week so he could take a look at the property.

Council Member Snelgrove, seconded by Council Member Granato, made a substitute motion to defer the decision on Application #27973 until the Tuesday, June 18, 2013,

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Council meeting. The motion passed, showing the vote to be 6 to 1 with Council Member Horiuchi voting “Nay.”

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Mr. Spencer Sanders, Planning & Development Services Division, explained the following rezoning application to be heard and presented a map of the area:

Application #28328 – Colin Strasser to reclassify property located at 3176 & 3180 South 2300 East from R-1-8 to R-1-6 zone. 4:49:16 PM

Mr. Sanders stated the applicant requested to rezone .76 acres from an R-1-8 (minimum of 8,000 square foot) zone to an R-1-6 (minimum of 6,000 square foot) zone in order to develop a four-lot subdivision on a private lane. All homes would be accessed from a central common driveway/private lane. The Canyon Rim Community Council and the Millcreek Township Planning Commission voted unanimously to recommend the rezoning. Staff recommends approval of the zone change because it would be consistent with the Millcreek General Plan, and it would not change the type of uses allowed. Single family dwellings are consistent with the “stable” area designation on the General Plan.

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

Mr. Colin Strasser, applicant, stated this area has seen better days; the existing structure should be condemned; it is unlivable. The community would like this to be cleaned up. Four single-family dwellings is the best use of this property.

Council Member Wilde asked if any neighbors raised any objections to this proposal.

Mr. Strasser stated there were a few people that wanted to make sure the irrigation ditch that goes down the center of the property is maintained. Where this ditch is, is the spot where the proposed driveway would be located to access all four properties, so a pipe would need to be installed.

Mr. Michael Heath, adjacent property owner, stated he is in favor of the proposal. He would love to see the property developed because it would eliminate all the weeds and the run down area. He likes the fact that the homes would be smaller single-family homes that fit into the community.

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

Council Member Wilde asked how the ditch would be handled.

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Mr. Sanders stated as part of the subdivision process, the Urban Hydrologist requires that any ditches on the site be inspected. If there is an easement, the property owners would have to get the necessary approvals from the water provider.

Council Member Wilde asked if the ditch would need to be enclosed.

Mr. Sanders stated ordinance requires that it be enclosed or fenced for safety purposes. This would need to be signed off by the water provider. The County would work with them to resolve any issues regarding the ditch.

Council Member Granato, seconded by Council Member Horiuchi, moved to approve this request and forward it to June 18, 2013, 4:00 p.m. Council meeting for final consideration. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Todd Draper, Planning & Development Services Division, explained the following rezoning application to be heard and presented a map of the area:

Application #28303 – David Erickson representing TM Crushing and G & N Properties to reclassify property located at 6816 South U-One Eleven Highway from A-20 to S-1-G zone. 4:59:17 PM

Council Member Horiuchi stated sand and gravel issues are very controversial and since this rezone is in Council Member Jensen’s district, he would propose the Council hold the public hearing today, but wait until next week when Council Member Jensen is in attendance to vote.

Council Member Horiuchi moved to hold the public hearing today, but to wait until the June 18, 2013, Council meeting to vote.

Mr. Thomas Christensen, Deputy District Attorney, stated the Council could continue the hearing for a future time, or hold the public hearing today and make the decision next week.

Council Member DeBry stated the Council will hold the public hearing today and make the decision next week.

Mr. Draper stated the applicant is requesting to rezone 159.71 acres from A-20 (Agricultural 20 acre minimum lot size) zone to S-1-G (Sand and Gravel/Residential) zone, which would unify the zoning for the entire property as S-1-G zone in order to continue with gravel extraction operations across the entire property. The existing zoning for the property is a mix of the A-20 zone and S-1-G zone. There is no community council that serves this area of the unincorporated County. The Salt Lake County Planning Commission unanimously recommended the zone change. Staff recommends approval based on the fact the rezone would remove issues related to the split zoning of the property, and the use remains similar to

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D A T E T U E S D A Y J U N E 11, 2013

the historical use of the property and adjoining areas. The portion of the property already zoned S-1-G has obtained a conditional use permit for sand and gravel operations. Neighbors are concerned about noise, dust, traffic, and property values.

Council Member Horiuchi asked if a remediation plan had been submitted for this site.

Mr. Draper stated no, that is part of the conditional use process. The Utah Department of Transportation (UDOT) will need to approve the plan as well, since the access would be off of U-One Eleven. The County Traffic Engineer did have some concerns about moving forward with the application before it is known what the plan is.

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

Mr. Dave Erickson, applicant, stated TM Crushing and G & N Properties are asking to rezone the A-20 zone to S-1-G zone to make the zoning consistent on the property. The southeast area of this property is where the access point will be to connect to U-One Eleven, and they are working with UDOT for final approval.

Council Member Debry stated in his mind nothing trumps the safety of citizens in this area. He hopes that all precautions would be taken to insure that all residents are safe.

Mr. Erickson stated it is in everyone’s best interest to make this as safe as possible. This type of thing is what UDOT does all the time. All the permits have to be in placed before the conditional use permit can be issued.

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

Council Member Horiuchi withdrew his previous motion to table this request for one week.

Council Member Horiuchi, seconded by Council Member Granato, moved to forward this request to the June 18, 2013, Council meeting for final consideration, and to ask the Salt Lake County Planning Commission to make sure a good remediation plan is submitted with the conditional use permit process. 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 5:19:00 PM, until June 18, 2013, at 4:00 p.m.

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D A T E T U E S D A Y J U N E 11, 2013

SHERRIE SWENSEN, COUNTY CLERK

By ________________________________ Deputy Clerk

________________________________CHAIR, SALT LAKE COUNTY COUNCIL

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