D A T E T U E S D A Y F E B R U A R Y 24, 2015
THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, FEBRUARY 24, 2015, PURSUANT TO ADJOURNMENT ON TUESDAY, FEBRUARY 17, 2015, AT THE HOUR OF 4:01:59 PM AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1-110, SALT LAKE CITY, UTAH.
COUNCIL MEMBERS
PRESENT: JENNIFER WILSON
JIM BRADLEY
ARLYN BRADSHAW
AIMEE NEWTON
SAM GRANATO
MAX BURDICK, Vice Chair
COUNCIL MEMBERS
EXCUSED: RICHARD SNELGROVE
MICHAEL JENSEN
STEVEN DEBRY
OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR
By: NICHOLE DUNN, DEPUTY MAYOR
SIM GILL, DISTRICT ATTORNEY
COUNCIL MEETING:
By: RALPH CHAMNESS, DEPUTY DISTRICT ATTORNEY
PLANNING & ZONING MEETING:
By: CHRIS PRESTON, DEPUTY DISTRICT ATTORNEY
JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE
SHERRIE SWENSEN, COUNTY CLERK
By: GAYELENE GUDMUNDSON & LINDA DUFFY, DEPUTY CLERKS
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Council Member Burdick, Vice-Chair, presided.
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Ms. Alexandra Eframo opened the meeting with an inspirational thought.
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Ms. Sally Jacobsen, Council Aide, led the Pledge of Allegiance to the Flag of the United States of America.
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Council Member Bradshaw, seconded by Council Member Wilson, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, February 10, 2015, and the minutes of the Salt Lake County Council Public Hearing held on Tuesday, February 10, 2015. The motion passed unanimously, showing that all Council Members present voted “Aye.”
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Ms. Alexandra Eframo spoke under “Citizen Public Input” regarding police shootings that occurred last year. She stated in Utah there were four officer-involved shootings. New York City had eight shootings. This is not acceptable. Police officers need to be kinder.
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The Council reviewed a request from Race Swami for a donation of $5,000 to reimburse a write-down of lane fees at the Northwest Recreation Center. Funding for the donation will come from the Council’s Contribution Fund.
Council Member Bradshaw, seconded by Council Member Wilson, moved to ratify the vote taken in the Committee of the Whole meeting. (Council Member Bradshaw, seconded by Council Member Wilson, moved to approve the donation and forward the request to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.) The Council motion passed unanimously, showing that all Council Members present voted “Aye.”
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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter requesting approval of the following Resolution authorizing the execution of a PIPELINE AND TRAIL EASEMENT AGREEMENT between Salt Lake County for its Parks & Recreation Division and the Jordan Valley Water Conservancy District - Use and Extension of the Jordan River Trail. Salt Lake County owns property containing a segment of the Jordan River Trail located at approximately 1200 West between 16400 South and 16600 South. The County wishes to extend the trail further to the north along the canal. Jordan Valley Water Conservancy District (District) will construct a new water pipeline along the same canal. To accomplish both goals, the County will sell an easement to the District for the fair market value of $90,375. The District will sell an easement to the County for the fair market value of $205,075. County funding will come from the Parks & Recreation Division’s trails budget.
RESOLUTION NO. 4894 DATE: February 24, 2015
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING THE PIPELINE AND TRAIL EASEMENT AGREEMENT BETWEEN SALT LAKE COUNTY AND THE JORDAN VALLEY WATER CONSERVANCY DISTRICT AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME.
RECITALS
1. Salt Lake County (“County”) owns several parcels of real property containing a segment of the Jordan River Trail (the “Trail”) next to the Utah Lake Distribution Canal (the “Canal”) at approximately 1200 West, between 16400 South and 16600 South in Bluffdale (the “Trail Property”). The Trail now terminates at approximately 16400 South.
2. The Jordan Valley Water Conservancy District (the “District”) has acquired and now owns several parcels of real property along the Canal (“the District Property”), upon which it intends to install water pipelines and associated water system equipment and facilities (the “Pipeline”) as part of the Central Pipeline Project (the ”District Project”). The District Property is located between approximately 16400 South and 15800 South in Bluffdale.
3. The County and the District would like to enter into the Pipeline and Trail Easement Agreement, attached hereto as Exhibit A, which will (i) allow the County to obtain a perpetual easement to use the District Property as part of the connection of the Trail between approximately 16400 South and 15800 South and (ii) allow the District to obtain a perpetual easement and related temporary construction easements to use the Trail Property for the underground installation of the Pipeline.
4. The easement that the District will convey to the County has a fair market value of $205,075.00, and the easements that the County will convey to the District have a fair market value of $90,375. The County will pay the difference of $114,700.00 to the District using trail funds from Salt Lake County Parks Department’s budget.
5. It has been determined that the best interest of the County and the general public will be served by entering into the Pipeline and Trail Easement Agreement. The terms and conditions of the Pipeline and Trail Easement Agreement are in compliance with all applicable state statutes and county ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Pipeline and Trail Easement Agreement, attached hereto as Exhibit A and by this reference made a part of this Resolution is hereby approved; the Mayor and County Clerk are hereby authorized to execute said Agreement and to deliver the fully executed document to the County Real Estate Section.
APPROVED and ADOPTED this 24th day of February, 2015
SALT LAKE COUNTY COUNCIL
ATTEST:
By /s/ MAX BURDICK
Vice Chair
By /s/ SHERRIE SWENSEN
County Clerk
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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of a REAL ESTATE PURCHASE CONTRACT between Salt Lake County for it Parks & Recreation Division and Jochen and Adrienne Schmidt – Purchase of Parcels and Easements for Jordan River Tail Construction. Salt Lake County will pay the fair market value of $25,700 to purchase two parcels of land and a temporary construction easement at 14565 South 1328 West from Jochen and Adrienne Schmidt to construct a segment of the Jordan River Trail. As part of the agreement, the County will install a fence and six evergreen trees on the Schmidt’s remaining land to separate it from the trail. The transaction shall be closed on or before March 31, 2015.
RESOLUTION NO. 4895 DATE: February 24, 2015
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIIZNG THE PURCHASE OF TWO PARCELS OF LAND AND A TEMPORARY CONSTRUCTION EASEMENT FROM JOCHEN AND ADRIENNE SCHMIDT
RECITALS
A. Salt Lake County (“County”) desires to purchase two parcels real property (all of Parcel No. 33-10-276-031 and a portion of Parcel No. 33-10-276-029) located at approximately 14565 South 1328 West, Bluffdale, Utah (the “Property”) and a temporary construction easement at approximately the same location (“Temporary Easement”) from Jochen and Adrienne Schmidt (the “Schmidts”) for $25,700.00, the fair market value as determined by Salt Lake County Real Estate Section.
B. The terms and conditions for the acquisition of the Property and the Temporary Easement are contained in the Real Estate Purchase Contract attached hereto as Exhibit A.
C. It has been determined that the Property and Temporary Easement are necessary for the construction and maintenance of an urban trail system known as the Jordan River Trail, and consequently are of great importance to residents of Salt Lake County.
D. It has been determined that the best interest of the County and the general public will be served by paying the Schmidts $25,700.00 for the Property and Temporary Easement under the terms and conditions of the attached Real Estate Purchase Contact. The execution of the Real Estate Purchase Contract will be in compliance with all applicable state statutes and county ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the attached Real Estate Purchase Contract, attached hereto as Exhibit A and incorporated herein by this reference, is accepted and approved and the Mayor is authorized to execute the Real Estate Purchase Contract on behalf of Salt Lake County.
IT IS FURTHER RESOLVED by Salt Lake County Council that the Mayor is authorized to accept the fully executed warranty deeds for the Property (one for each parcel being acquired), forms of which are attached to the Real Estate Purchase Contract as Exhibit A and Exhibit B (“Deeds”), and Temporary Easement, a form of which is attached to the Real Estate Purchase Contract as Exhibit C and incorporated herein by this reference, on behalf of Salt Lake County and upon receipt of the properly executed Deeds and Temporary Easement, record said documents in the Office of the Salt Lake County Recorder.
APPROVED and ADOPTED this 24th day of February, 2015
SALT LAKE COUNTY COUNCIL
ATTEST:
By /s/ MAX BURDICK
Vice Chair
By /s/ SHERRIE SWENSEN
County Clerk
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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an EASEMENT PURCHASE AGREEMENT and a PERPETUAL SEWER-LINE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT between Salt Lake County for its Real Estate Section and the Midvalley Improvement District – Conveyance of Perpetual and Temporary Construction Easements. Salt Lake County will convey to the Midvalley Improvement District a perpetual easement and two temporary construction easements located at approximately 8300 South 300 East for the fair market value of $200.
RESOLUTION NO. 4896 DATE: February 24, 2015
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT PURCHASE AGREEMENT AND RELATED PERPETUAL SEWER-LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MIDVALLEY IMPROVEMENT DISTRICT
RECITALS
A. Salt Lake County (the “County”) owns two parcels of real property located at approximately 8300 South 300 East in Salt Lake County, identified as Tax ID No. 22-31-327-029 and Tax ID No. 22-31-329-001, collectively referred to as the “Property.”
B. Midvalley Improvement District (the “District”) would like to acquire a perpetual easement on, over, across, and under a portion of the Property (the “Easement Area”) to allow the District to construct, maintain, and repair thereon an underground sewer pipeline and appurtenant parts thereof. The District would also like to acquire two ten-foot wide temporary construction easements on either side of the Easement Area to be used during the initial construction and installation of the sewer pipeline.
C. A canal operated by the East Jordan Canal Company crosses the Property. The sewer pipeline will be bored under the canal and will not affect the surface of the Property.
D. As consideration for this easement, the District will pay $200, which the Salt Lake County Real Estate Section has determined to constitute full and adequate consideration in exchange for this easement.
E. The County and Qwest have prepared an Easement Purchase Agreement (“Purchase Agreement”) attached as Exhibit A hereto, and a related Perpetual Sewer-Line and Temporary Construction Easement Agreement (“Easement Agreement”), wherein the County grants a perpetual sewer-line easement and two temporary construction easements across the Property to the District.
F. Because the County obtained title to the Property by tax deed, proceeds from the sale of this easement will be distributed in accordance with Section 59-2-135.5 of the Utah code.
G. It has been determined that the best interests of the County and the general public will be served by executing the Purchase Agreement and Easement Agreement. The terms and conditions of these agreements are in compliance with all applicable state statues and county ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Purchase Agreement, attached hereto as Exhibit A and by reference made a part of this Resolution, is hereby approved; and the Mayor is hereby authorized to execute said Purchase Agreement.
IT IS FURTHER RESOLVED by the Salt Lake County Council that the Mayor and County Clerk are hereby authorized consistent with the terms of the Purchase Agreement to execute the Easement Agreement, attached hereto as Exhibit B 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 the District as directed by the Purchase Agreement.
APPROVED and ADOPTED this 24th day of February, 2015
SALT LAKE COUNTY COUNCIL
ATTEST:
By /s/ MAX BURDICK
Vice Chair
By /s/ SHERRIE SWENSEN
County Clerk
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Ms. Pat Iverson, Contracts Manager, Contracts & Procurement Division, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL AGREEMENT between Salt Lake County for its Parks & Recreation Division and West Jordan City – Construction of a Boat Exit Portage Along the Jordan River at Winchester Street. Salt Lake County entered into an agreement with Murray City on June 24, 2014, to mitigate, with signs and portage, the hazard located on the Jordan River near the Winchester Street Bridge. The County is required to construct a boat exit portage south of the bridge, located in West Jordan. This agreement defines the responsibilities of each party regarding the safety structure. Term of the agreement is for 50 years.
RESOLUTION NO. 4897 DATE: February 24, 2015
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING ADOPTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE COUNTY FOR ITS DIVISION OF PARKS AND RECREATION AND WEST JORDAN CITY FOR THE CONSTRUCTION OF A BOAT PORTAGE EGRESS FROM THE JORDAN RIVER AND RELATED SIGNAGE
WHEREAS, Salt Lake County for its Division of Parks and Recreation (“County”) and West Jordan City, (“City”) desire to enter into an Interlocal Cooperation Agreement (“the Agreement”) whereby the County desires to construct a boat portage egress from the Jordan River located partially in the jurisdiction of West Jordan City and install related signage; and