City Council

10000 Centennial Parkway Sandy City, Utah Sandy, UT 84070 Phone: 801-568-7141 Meeting Minutes City Council Brooke Christensen, District 1 Maren Barker, District 2 Kristin Coleman-Nicholl, District 3 Chris McCandless, District 4 Steve Fairbanks, At-large Linda Martinez Saville, At-large Zach Robinson, At-large Tuesday, February 26, 2019 5:15 PM Council Chambers *Amended Agenda* 5:15 Council Meeting Chair Kris Coleman Nicholl welcomed everyone to the Tuesday, February 26, 2019 Meeting, 5:15 p.m. in the Council Chambers. She conducted a roll call vote which constituted a quorum. Roll Call Council Office Director Michael Applegarth Council Office Analyst Dustin Fratto Administration: Mayor Kurt Bradburn CAO Matthew Huish Deputy to the Mayor Evelyn Everton Economic Development Director Nick Duerksen City Attorney Bob Thompson Community Development Director James Sorensen Assistant Community Development Director Jared Gerber Administrative Services Director Brian Kelley Finance & IT Deputy Director Glade Jardine Fire Chief Bruce Cline Parks & Recreation Director Scott Earl Police Chief William O'Neal Assistant Public Utilities Director Scott Ellis Public Works Director Mike Gladbach Present: 6- Council Member Brooke Christensen Council Member Maren Barker Council Member Kristin Coleman-Nicholl Council Member Steve Fairbanks Council Member Zach Robinson Council Member Linda Martinez Saville Absent: 1- Council Member Chris McCandless Sandy City, Utah Page 1 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 Prayer / Pledge of Allegiance Chairwoman Kris Coleman Nicholl welcomed all those in attendance. Jayleigh Raddatz offered the opening prayer. Jayleigh Raddatz, Winter Cox, Ashley Mererlo, and Autumn Cox, from Girl Scout Troop 815, led the audience in the pledge. Non-voting Items Agenda Planning Calendar Review & Council Office Director's Report Mike Applegarth reviewed the Agenda Planning calendar. 1. 19-055 City Council Office reporting on a recent action taken by the Administration that has disrupted communication between the City and the City Council Attachments: Memo_Final Dustin Fratto addressed a memo regarding the Administration's intentional disruption of Council communications and possible discrimination against council office employees. Mr. Fratto recognized that the Administration added the Council members and Staff back on to the e-mail list. He sincerely hoped that a communication break down would not happen again. Pam Lehman also added the importance of City employees receiving all e-mail correspondence. Council Comments and questions followed. Mayor Bradburn answered questions and explained his intentions of removing the Council from e-mail communications. Council Member Business Linda Martinez Saville complimented Molly Morgan on the "great job" organizing the Mall Walk. Linda also applauded everyone who sacrificed their time Saturday on the water issue. Maren Barker commented on a closed door meeting that was held on Sunday explaining the reasons why she did not participate. Mayor's Report Mayor Bradburn addressed Agenda Item #2 and what he felt were inaccuracies in the memo Mr. Applegarth presented regarding staffing concerns and employee moral. CAO Report Matt Huish presented a report on the water and fluoride issue. Sandy City, Utah Page 2 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 Legislative Report Evelyn Everton reported on the issues before the Legislature. Citizen Comments Kathy Stark would like information on the expansion of 90th South to 700 east. She addressed noise,decreased water pressure, and dying trees. Dea Theodore spoke regarding stopping attacks on the Administration. The Mayor was elected to make decisions on behalf of the city. Jim Edwards spoke on his perception on what is going on in Sandy. Citizen Comments were closed. Zach Robinson made a motion to reverse agenda items #2 and #4 since he needed to leave the meeting early. The Council agreed to the change. Voting Items Council Items 2. 19-057 Economic Development Update Nick Duerksen presented an update on economic development in the community. 3. 19-056 City Council Workshop regarding the scope of a proposed investigative committee Steve Fairbanks asked to be excused from the meeting. The meeting went into recess until Maren Barker returned to constitute a quorum of four council members. Meeting went into Recess Meeting Reconvened Brooke Christensen reported on the scope of a proposed investigative committee on the water issue. Public Comment. Britta Bourdaghs spoke on the fluoride issue and the direct effects on her family. She started raising serious concerns back on February 11th. She feels no one is listening. She indicated that things change daily and she wants someone to listen. She would like to speak with the investigators as this investigation moves forward. Matt Huish and Mayor Bradburn addressed her concerns. 4. 19-052 City Council Office reporting on the organization of the Administration. Attachments: Executive Director Memo.pdf Anonymous Employee Letter Sandy City, Utah Page 3 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 Mike Applegarth addressed his memo and the purpose of the memo to bring information to the Council. Council questions and discussion followed. Public Comments Steve Van Maren spoke regarding Mr. Applegarth's memo and the organizational chart. He thought the City had an organization that required two deputy CAO's in the code.The code does not match the organization of last year. He believes the organizational chart and budget should match. Comments closed. A motion was made by Brooke Christensen, seconded by Maren Barker, to not take any action on this item with the understanding that when the budget is updated, per code, the Organization Chart will also be updated.... Discussion on the Motion followed. Amendment to the motion: Zach Robinson asked that an amendment be made to the motion to ask Staff to bring back a budget resolution holding funds in abeyance until the Council has a clearer picture of what the organization chart is going to look like then release the funds back to the Administration. Council comments followed. Tracy Cowdell commented that Mr. Robinson's amendment was different from Ms. Christensen's motion. He recommended voting on the first motion or make a substitute motion. Council comments followed. Zach Robinson made a second motion. Steve Fairbanks requested a preliminary organizational chart of each of the departments during the budget discussion. The motion failed on Brooke Christensen's motion by the following vote.... Yes: 2- Brooke Christensen Maren Barker No: 4- Kristin Coleman-Nicholl Steve Fairbanks Zach Robinson Linda Martinez Saville Absent: 1- Chris McCandless Zach Robinson second motion Zach Robinson clarified his motion. Meeting went into Recess Meeting Reconvened Sandy City, Utah Page 4 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 Zach Robinson made a motion seconded by Kris Nicholl to ask Staff to bring back a budget amendment securing funds from the Administration until the organizational chart accurately reflects the budget, and when the organizational chart is properly aligned with the budget, the funds go back into the account. Kris Nicholl asked that the motion specify all unexpended regular pay variable benefits and fixed benefits originally budgeted. Council discussion and questions followed. Brian Kelley and Bob Thompson commented. Mike Applegarth explained his recommendations to move unexpended funds from Department 12 CAO's budget into Department 13 Council Contingency Budget, where there would be no funding to continue paying for the positions if the funds were transferred. He believed Mr. Robinson's motion was simply to move funds from the CAO's and Non Departmental budgets where it currently exists and put the funds in the Mayor's budget in order to continue funding those positions and making the accounting cleaner. Zach Robinson stated that is correct. He wants residents to know the Council is trying to do the right thing. He is not trying to "ax" those positions. Mayor Bradburn asked if the Council wants this on all positions. We should be consistent. Question was called by Kris Nicholl seconded by Steve Fairbanks. 5 in favor-1 opposed. Zach Robinson was asked to clarify his motion. Instead, Kris Nicholl motioned to recess the meeting for 5 minutes with an all in favor voice vote. Zach Robinson's clarified motion Zach Robinson clarified his motion seconded by Maren Barker on Item #4 to table this discussion to a further agenda and to ask legal counsel from both the Administration and Council to look at this and bring back possible solutions to clean-up the budgeting and accounting of these two positions. Maren Barker added an amendment that it would be appreciated if the Administration so desired to come back with an updated organization chart for the upcoming budget. Zach Robinson stated to just let the motion ride as originally stated. The motion failed by the following vote.... Yes: 2- Maren Barker Zach Robinson Sandy City, Utah Page 5 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 No: 4- Brooke Christensen Kristin Coleman-Nicholl Steve Fairbanks Linda Martinez Saville Absent: 1- Chris McCandless Kris Nicholl Motion Item #4 Kris Nicholl made the motion seconded by Steve Fairbanks to direct Council Staff to prepare and bring back a resolution transferring unexpended general fund money from Departments 1200 CAO, 1900 Non-Departmental Contingency Department, and deposit within the Contingency Department of the Council Executive Staff which is Department 1310, the money to be transferred shall include all unexpended regular paid variable benefits, fixed benefits originally budgeted for the two CAO's positions and funded for the fiscal year 2019. Council discussion on the motion followed. Called the question. All in favor. The motion failed by the following vote..... Yes: 3- Kristin Coleman-Nicholl Steve Fairbanks Linda Martinez Saville No: 2- Brooke Christensen Maren Barker Absent: 1- Chris McCandless Abstain: 1- Zach Robinson Kris Nicholl motion to table Item #4. Kris Nicholl made a motion seconded by Steve Fairbanks to table Item #4 to next week's Council Meeting. A voice vote was taken and resulted in the following vote..... Yes: 4- Kristin Coleman-Nicholl Steve Fairbanks Zach Robinson Linda Martinez Saville No: 2- Brooke Christensen Maren Barker Absent: 1- Chris McCandless 5. 19-050 Parks and Recreation Department updating the Council on the Bell Canyon Preservation Trailhead (Richardson Property) Attachments: City Council 2019-02-26 Sandy City, Utah Page 6 Printed on 3/27/2019 City Council Meeting Minutes February 26, 2019 Scott Earl updated the Council on the Richardson property. 6. 19-053 Community Development Department updating the Council regarding short term rentals and short term rental enforcement Jared Gerber updated the Council on the short term rental process. 6:00 Time Certain Items and Public Hearings 7. 19-054 Administrative Services Department recommending the Council receive the Independent Auditors' Report on Financial Statements and Supplementary Information Attachments: Independent Auditors Letter Brian Kelley introduced Jim Andres from Percy, Bowler, Taylor & Kern, CPA Firm and City Auditors. He presented the audit report. Adjournment The meeting adjourned at approximately 8:30 p.m. by Brooke Christensen seconded by Kris Nicholl. The next scheduled meeting of the City Council is Tuesday, March 5, 2019 at 5:15 p.m. ______________________ ______________________ Kris Coleman Nicholl, Chair Pam Lehman Sandy City Council Meeting Clerk Sandy City, Utah Page 7 Printed on 3/27/2019