City Council

Taylorsville Ciry Council Work Session Minutes October 13 2010 Page 1 City of Taylorsville Work Session Minutes Wednesday October 13 2010 Council Chambers 2600 West Taylorsville Blvd Room No 140 Taylorsville Utah 84118 Attendance Mayor Russ Wall Council Members City Staff Chairman Morris Pratt John Inch Morgan City Administrator Vice Jerry Rechtenbach Chairman John Brems City Attorney Council Member Dama Bazbour Cheryl Peacock Cottle City Recorder Council Member Bud Catlin Jessica Springer Council Coordinator Council Member Larry Johnson De Craig Chief of Police Mark McGrath Community Development Director John Taylor City Engineer Scott Harrington Chief of Finance Donald Adams Grants Manager Wayne Dial Assistant Police Chief Mickey Pahl Code Enforcement Officer Jeff Gallegos Code Enforcement Officer Mazsha Thomas Judge Tracy Wyant Police Sergeant Excused Mayor Russ Wa11 Others City Prosecutor Chad Woolley John Gidney Cathy McKitrick 46Chairman Morris Pratt called the Work Session to order at 0 18 00 6 0mp and welcomed those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present Taylorsville City Council Work Session Minutes October 13 2010 Page 2 1 Discussion of the Good Landlord Program and Business License Fee Schedule Mark McGrath 43 Community Development Director Mark McGrath stated that he has been asked to re 01 18 evaluate the current Good Landlord Ordinance and implement changes as appropriate 15Mr McGrath reviewed the proposed language changes as follows 02 18 Landlords with multiple properties This addresses a section of State code that stipulates that cities may not require owners of rental properties who have more than one rental property in the City to obtain more than one business license The proposed change to the City Ordinance largely follows State law and clarifies for example that if one individual owns three rental homes in the City only one license is required Council Member Barbour asked Mr McGrath about a letter of complaint she recently received from a citizen in her district Ms Barbour relayed that the citizen complained about questions relating to fees and getting the run around in the Licensing Department Mr McCrrath cited an member bereavement leave He abnormal delay in responding to the citizen due to a staff s indicated however that the s citizen main objection is to paying the fee as it was established in the fee schedule Chairman Pratt asked Mr McGrath to clarify the fee schedule when an owner has multiple units Mr McGrath explained that with the proposed changes location will be defined in the ordinance He stated that a landlord in the City would only buy one license with a base fee and then pay a disproportionate fee based on the actual number of units properties owned Good Landlord Training This proposed change adds some flexibility to the guidelines regarding accepted training classes Landlords are currently required to attend the training taught by the Utah Apartment Association This change adds language stipulating that Said training pre by the license official and an official certificate of participation will be shall be approved issued Mr McGrath indicated that refresher courses maybe substituted for full training sessions every other two year period Full training sessions shall be a minimum of four hours of class time and refresher courses shall be a minimum of two full hours of class time Mr McGrath noted that he will still have the ability to look at each training class that is presented and decide whether it is an acceptable substitute or if the owner still needs to attend the training provided by the Utah Apartment Association Council Member Barbour and Chairman Pratt stated they have both had positive feedback regarding the value ofthe training classes Taylorsville City Council Work Session Minutes October 13 2010 Page 3 17 Notice for Inspections This issue addresses 7 18 5 100 6 Consent to Enter Essentially what is being added is a sentence that the City or authorized representative will provide at least 24 hours notice prior to the inspection Discussion ensued regarding inspections not occurring unless complaints are received It was determined that the preferred method of notification would be written and sent by certified mail 30John Inch Morgan noted that the State Public Health Code gives the Utah State Health 23 18 Department the ability to enter properties and conduct investigations if certain conditions aze met As this code details reasons that inspections are allowed Mr Morgan suggested examining the code and possibly incorporating it into the s City ordinance to ensure that appropriate thresholds are met for allowing inspections 06John Brems suggested creating language in the notice about the cause of the complaint 28 18 that drives the notice in order to address concerns that have been stated 17Council Member Catlin suggested adding language that states that if a Property 31 18 Management Company changes the person who has been responsible for the Good Landlord Program must notify the City and get the new person certified in order to keep their license 36Appeals to the Provisions of the Good Landlord Program 33 18 Currently if there is a disagreement between the City and the landlord the City wins and there is no appeal procedure in place for the landlord It was recommended that 7 5 120 6 state Any person shall have the right to appeal to the City Council any decision rendered by the license official regarding any provision of the Good Landlord Program 39Mr McGrath inquired whether appeals should go to the Council or another authority 35 18 i e the Administrative Law Judge Council Member Johnson stated that these appeals should go to the Council in an effort to not add to the work load of the City Administrator Council Member Rechtenbach suggested that these types of appeals don t fall under the duties of an elected official but rather are an administrative issue He said that the decision should only come to the Council if the appeal continues past s Administration decision Chairman Pratt stated that he also believes it is an administrative function Council Member Barbour agreed and stated that it isn t the s Council role as they are legislative not judicial Council Member Catlin stated that he believes that it is an administrative function as well 53 Definition of Automotive Mr McGrath indicated that language regarding inspection 41 18 services has been added to the Automotive Definition He noted that this issue goes back to the appeal that was previously brought to the Council He said that the new language will leave no doubt that the auto emissions and inspection businesses fit within the automotive category Taylorsville City Council Work Session Minutes October 13 2010 Page 4 24Fee Schedule Modifications The suggestion was made that businesses who can 42 18 demonstrate that they haven thad code enforcement issues or police and fire issues have the ability to apply for some sort of a waiver or reduction of the disproportionate fee 00Chairman Pratt stated that his understanding is that each business license is reviewed 47 18 by the Police Department Fire Deparhnent and Code Enforcement and there is a charge built into the business license fee schedule for those services Mr McGrath clarified that the study that was done bases the sCity current fees on the amount of calls in each category and the categories that had more use of services ei rentals large restaurants firework stands etc were required to have an extra regulatory analysis which added to their base fee Chairman Pratt asked about the possibility of giving a cost reduction to owners who may not be a part of the Good Landlord Program but are still good landlords because they don trequire the use of police fire or code enforcement Mr McGrath clarified that there is currently a provision that if you violate the ordinance after receiving the Good Landlord status it will be revoked Council Member Rechtenbach stated his belief that the Good Landlord program has been proven to reduce crime and better communities and so if people want the reduction in costs they need to be a part of that program He suggested that the City should not be lenient in its goal to improve the quality of life in the City Council Member Catlin expressed that he sees no problem with giving an extra break to those who are not in the Good Landlord program but after a year haven thad any calls for service or any complaints 35Council Member Barbour stated that the clause that she was most concerned about in 57 18 the ordinance was regarding personal property rights and since that is being amended she believes the rest is fine Council Member Johnson expressed that those who break the law should pay for it and those who do the right thing should get a bit of a break 36Mr McGrath was asked to draft some alternatives that give owners who are not in the 00 19 Good Landlord Program the ability to receive a discount based on a good track record Taylorsville City Council Work Session Minutes October 13 2010 Page 5 2 Discussion Regarding a Possible Ordinance Respecting the Abuse of the Intoxicating Chemical Substance Commonly Known as Spice Chief Craig 07 Taylorsville Police Chief Del Craig asked for direction from the Council regarding a 01 19 proposed ordinance similar to that passed by Ogden City for regulating the use of a chemical substance known as Spice He indicated that a State law will likely be implemented during the next legislative session 53 Chief Craig recognized City Prosecutor Chad Woolley and asked him to share his 19 02 perspective on issues that have come before the Court Issues were also cited related to Community Development due to business cropping up to sell this type of material Chief Craig asked for direction on whether Taylorsville would like to pursue this now or wait until State legislation is passed 45Chief Craig addressed questions about Spice He indicated that the issue has been on 03 19 the radaz screen for awhile He relayed that Ogden has seen more prevalence for it being used and sold Taylorsville has had a few cases where officers have encountered it and struggled to find ways to charge 12Prosecutor Chad Woolley outlined the s 04 19 prosecution perspective on Spice and ways that it is used as follows currently it is mostly used by those who are on probation for other tshow up on tests required by probation officers and it will still give substances because it doesn users a high without being illegal Spice can be tested for but because it is not illegal the standazd tests don ttest for it 23Prosecutor Woolley described cases of concern one of which is a local establishment 06 19 that is selling Spice and the other regarding a case where an officer pulled over a car with a lazge bag of Spice and all of the paraphernalia to smoke it He noted that these aze the very same items used to smoke marijuana but because Spice is not illegal there was nothing that could be done to prosecute There was discussion regarding whether Huffing statutes could be cited but it was clarified that no one at this point has attempted to use that ordinance Prosecutor Woolley relayed that this is becoming an increasingly bigger issue and he is confident that State legislation will be passing law to outlaw Spice soon 56Council Member Barbour asked for further clarification on the makeup of Spice 08 19 Prosecutor Woolley explained that various herbs are being coated with a synthetic form of THC He relayed that local establishments are both making spice and buying it from other places and bringing it in 19 23 Chief Craig read information on Spice in response to questions from the Council He explained that Spice is Brill something people are experimenting with and some say it gives the Taylorsville City Council Work Session Minutes October 13 2010 Page 6 same high as Marijuana some users don t agree The Chief indicated that Spice is gaining popularity among high school and college age individuals as well as among probationers and parolees He noted that since it is sold as incense there is no age limit like there is with smoking Council Member Johnson expressed concern over children being able to have access to this substance and said that he believes its use must be stopped in Taylorsville now before it gets too out of hand Council Member Catlin stated that this is another case where law needs to be passed at the State level and not the City level He noted that even if Spice is outlawed in Taylorsville it will still be available until it is handled by State statute He suggested that pressure be put on local legislators to get appropriate legislation passed quickly 20Chairman Pratt said that he is not confident that it will be passed by the State quickly 15 19 He stated his support of the proposed ordinance in the City until State law is implemented 19 16 02Council Member Barbour expressed her concern over all the factors that have been mentioned 55Council Member Catlin clarified that he has no problem supporting a City ordinance 16 19 but there is a need to be careful because this is a broader issue 17Chairman Pratt asked if Spice is being sold as incense how its prohibition might be 19 enforced Chief Craig explained that this is the same challenge that is faced with any new chemical substance He suggested that as Spice gains popularity field tests will be developed there will be a learning curve and then each case will be taken as it comes 20 12John Brems cautioned against being the first test case on prosecuting this issue Chief 19 Craig clazified that having a State statute would put the City on firmer ground 29John Brems explained that if the s 21 19 City goal is to help the Drug Courts prosecute this then there is an easier way to do that but if the goal is to keep Spice from being sold then the ordinance is appropriate Prosecutor Woolley further stated that having a Statute would make it easier to prosecute these cases however as the State begins to draft their legislation they will be looking to cities that have prosecuted these cases for wording on the statute itself He noted that if the City prosecutes a case and loses that will help determine what needs to be said to prosecute successfully in the future Mr Woolley stated that there is a need to get Spice offthe street now and the only way to do that is to have an ordinance in place so that it can be prosecuted Taylorsville City Council Work Session Minutes October 13 200 Page 7 42Council Coordinator Jessica Springer confirmed that November 10 2010 is the date for 25 19 legislative breakfast 42Chairman Pratt suggested bringing this issue back next month after meeting with 26 19 legislators 3 Overview on Administrative Code Enforcement Jeff Gallegos 25 Code Enforcement Officer Jeff Gallegos presented a Power Point presentation 28 19 regarding code enforcement efforts 05Officer Gallegos reviewed the Code Enforcement Process including notification of the 31 19 code violation and process for non compliance He relayed that over half of the violations are resolved after the first notice Officer Gallegos also described the process for receiving complaints from the community 10Code Enforcement Officer Mickey Pahl clarified that the website is currently being 34 19 redesigned which will allow the process for submitting complaints online to run much smoother 07Officer Gallegos explained that each complaint is addressed immediately He said that 35 19 usually the property is visited the day following receipt of a complaint and then the notification letter is generated He relayed that by law 10 working days are allowed to recfify the situation 48 Officer Pahl clazified that the 10 days excludes weekends and 2 days for mailing so it 35 19 could be up to 16 days from the first letter to resolve He noted that if the property is still not compliant another more forceful letter is sent out with another 16 day time limit if still not resolved the case then goes to a fining status Officer Pahl relayed that only 6or 7 of cases ever go to that extent long cases He asked about whether 06Council Member Catlin cited some ongoing term 37 19 a tree neighbor property line is the responsibility of the tree owner to keep it growing over a s neighbor yard or the neighbor out of the s sresponsibility to trim the portion that is in his yard Officer Gallegos answered that it is the tree s owner responsibility and if they are not in compliance they will get a code violation letter 21 It was confirmed that 79 of code enforcement cases are active 38 19 pro and identified by officers 44 Officer Pahl stated that if someone with a code violation contacts them and asks for 38 19 more time the City is more than willing to work with them as a team to resolve the issue Taylorsville City Council Work Session Minutes October 13 2010 Page 8 29Officer Pahl distributed information regulating the encroachment of trees 39 19 01 Council Member Barbour thanked Code Enforcement for their hard work and 40 19 referenced an issue that was in her district that was resolved quickly She stated that her neighbors have expressed their gratitude as well 17Officer Gallegos illustrated a sample Courtesy Notice Letter pointing out the case 40 19 number the nuisance definition the violation and the deadline for compliance Officer Pahl explained that due to some of the form letters not having enough specific detail they have begun adding highlights and notes with specific details relating to each violation in an effort to give the homeowner every possible detail needed to get property into compliance Officer Gallegos added that they have been considering adding a photo to the notice letter to eliminate confusion as to what is being referenced 41 Council Member Johnson thanked Code Enforcement for getting a house on 3200 West 42 19 cleaned up and then asked about whether the City is able to get the Canal Company to clean up azeas around the canal that aze full of weeds and attract rodents Officer Gallegos answered that every year it seems to get harder to deal with the Canal Company and to get them to take responsibility for certain parts of the canal He suggested that efforts to identify issues begin earlier in the year 11 Chairman Pratt asked about the code regarding woodpiles for residences that heat their 44 19 homes with wood burning fireplaces Officer Pahl responded that as far as he is aware woodpiles are allowed as long as they don tattract rodents He indicated that stacked woodpiles are the only exception to the junk and debris rule 45 19 31Council Member Johnson asked about what can be done along the canal to prevent rodents Officer Pahl answered that the Health Department has a large number of resources and help is available to people who need it for trapping rodents He added that the Department will also come out and help identify possible sources and solutions for keeping rodents away 15 Chairman Pratt asked about property owners who are accumulating items to take to the 48 19 dump and if there is a reasonable amount oftime that residents can accumulate the items without being cited It was explained that if the accumulation is not in a trailer and it is not obviously intended to be transported and a complaint is received Code Enforcement will send out a courtesy notice if explanation is received regarding the situation and the intended timeframe for hauling then the matter can be worked out Officer Pahl explained that because they are out driving around so much they are usually able to identify the situations where it is not just an accumulation of junk but accumulation for a purpose Taylorsville City Council Work Session Minutes October 13 2010 Page 9 28Officer Gallegos illustrated the Notice of Violation and reviewed fine structures He 48 19 explained that approximately 93 of cases are resolved at this point Explanation was given regarding the handling of violations not visible from the street It was noted that these types of violations are usually only addressed after receiving an actual complaint from neighbors Officer Gallegos illustrated the Certificate Notice Compliance ofNon and an invoice for fines that is sent to properties that aze still not in compliance after the second notice If still not in compliance ofNon violators are scheduled for heazings before after receiving the Certificate Compliance City Administrative Law Judge Greg Christiansen It was clarified that the Administrative the s Law Judge makes final determination on what a reasonable and prudent fine is and how the case is actually resolved It was noted that approximately 50 of property owners scheduled for hearings do not show up Officer Gallegos confirmed that for violators who do not appear a notice of recordation encumbering the property is awarded for the full amount of fines 7 56Officer Gallegos detailed goals that have been identified since implementation of the 19 new Administrative Code Enforcement Program He then showed before and after photos of some success stories 03Council Member Catlin asked about a hole in a concrete wall in his district at 59 19 approximately 4300 South Redwood Road Officer Pahl agreed to investigate the matter immediately He asked Council Members to contact code enforcement officers whenever they identify an issue that needs to be looked into 59Council Member Barbour asked about graffiti clean 00 20 up and expressed concern that tmatch and almost looks worse than the graffiti itself sometimes the paint to cover it up doesn Officer Pahl explained that he and Officer Gallegos do approximately 95 of the cleanup personally or work with property owners for removal He noted that often times it is just a quick fix with whatever donated paint is on hand to cover up profanity or vulgarity and get it out of site as quickly as possible Officer Gallegos added that if the graffiti is on a private residence or business they do give the owners opportunity to take care of it on their own if they would like to have it done a certain way 24 Council Member Johnson asked Chief Craig about the possibility of posting signs 05 20 offering an award for turning in known offenders Chief Craig answered that they have tried offering awards before primarily through schools and the results aze sporadic He cited hesitation in putting up signs because it is almost like issuing a challenge to offenders and there is some question as to whether the reward notice generates more graffiti 4 Other Matters 14Council Member Johnson inquired about the status of the wall planned to go around the 08 20 recycling business on 6200 South because it is currently an eye sore City Administrator John Taylorsville City Council Work Session Minutes October 13 2010 Page 10 Inch Morgan responded that he is not sure about the schedule but will follow up on it and see if a timeframe can be determined He agreed to report back to the Council on this issue 09Council Member Rechtenbach updated the Council on how well the 6200 South 20 changes are working He cited very positive feedback he has received and said the changes at the intersection have been a marvelous success Council Member Rechtenbach reminded everyone about the Economic Development Forum being held the next morning October 14 2010 at the Salt Lake Community College He He commended Keith Snarr for encouraged everyone to attend in support of local businesses his work on economic development in Taylorsville 5 Adjournment Council Member Catlin MOVED to adjourn the City Council Work Session Council Member Johnson SECONDED the motion Chairman Pratt called for discussion There being none he called for a vote The vote was as follows yesJohnson Rechtenbach yes Catlinyes Barbour voted in the motion passed yes All City Council members yes and Pratt favor and unanimously The meeting was adjourned at 1 8 1 p m t Cheryl Peaco Cottle City Recorder k Minutes approved CC 11 10 03 Minutes Prepared by Cheryl Peacock Cottle City Recorder