City Council

Taylorsville City Council Minutes November 3 2010 Page 1 City of Taylorsville CITY COUNCIL MEETING Minutes Wednesday November 3 2010 Council Chambers 2600 West Taylorsville Blvd Room No 140 Taylorsville Utah 84118 BRIEFING SESSION Attendance Mayor Russ Wall Council Members City Staff Council Chairman Morris Pratt John Inch Morgan City Administrator Vice Jerry Rechtenbach Chairman John Brems City Attorney Council Member Dama Barbour Cheryl Peacock Cottle City Recorder Council Member Bud Catlin Jessica Springer Council Coordinator Council Member Larry Johnson Mark McGrath Community Development Director John Taylor City Engineer Scott Harrington Chief of Finance Donald Adams Grants Manager Keith Snarr Economic Development Director BRIEFING SESSION 30Chairman Mon 01 18 isPratt conducted the Briefing Session which convened at 0 6 1m p City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present 1 Review Agenda 50The agenda for the City Council Meeting was reviewed 03 18 Taylorsville City Council Minutes November 3 2010 Page 2 2 Closed Session a Strategy Session to Discuss the Sale and Purchase of Real Property 10Council Member Dama Barbour MOVED to adjourn the Briefing Session and convene 05 18 a Closed Session to discuss the sale and purchase of real property at 0 6 5m p Council Member Jerry Rechtenbach SECONDED the motion Chairman Morns Pratt called for discussion on the motion There being none he called for call aroll vote The vote was as follows yes Barbour yes Rechtenbach Pratt yesJohnson yes and Catlin yes All members of the City Council voted and the motion carried by a unanimous vote CLOSED SESSION Those in attendance at this Closed Session were Council Members Barbour Catlin Johnson Pratt and Rechtenbach Also present were Mayor Wall City Administrator John Inch Morgan City Attorney John Brems Economic Development Director Keith Snarr Community Development Director Mark McGrath Grants Manager Don Adams and City Recorder Cheryl Peacock Cottle Minutes for the Closed Session were taken and are now on file as a Protected Record Council Member Jerry Rechtenbach MOVED to adjourn the Closed Session at 4 6 9m p and convene the regular City Council Meeting Council Member Larry Johnson SECONDED the motion Chairman Morris Pratt called for discussion on the motion There being none he called for call aroll vote The vote was as follows yes Pratt Barbour yes Johnson yes Rechtenbach yes All members of the City Council present voted and the motion carried yes and Catlin a unanimous vote by 3 Adjourn The Briefing Session was adjourned at 5 6 1 m p Taylorsville City Council Minutes November 2010 3 Page 3 REGULAR MEETING Attendance Mayor Russ Wall Council Members City Staff Council Chairman Morris Pratt John Inch Morgan City Administrator Vice Jerry Rechtenbach Chairman John Brems City Attorney Council Member Dama Barbour Mark McGrath Community Development Director Council Member Bud Catlin Del Craig Chief of Police Council Member Larry Johnson Cheryl Peacock Cottle City Recorder Jessica Springer Council Coordinator John Taylor City Engineer Scott Harrington Chief of Finance Keith Snarr Economic Development Director Donald Adams Grants Manager Patrick Tomasino Building Official Jean Ashby Deputy Recorder Citizens Raili Jacquet Jay Ziolkowski Paul Kehl Rhetta McIff Steve Ashby Lynn Handy Andy Ho Matthew Pham Joel Gardner Craig Ferrin Jared Burton Scott Ferrin Ken Acker Kelsey Rowley Abby Black Aubrey Thomson Jerry Milne Kim Forsyth Matt Pham Curt Cochran Leslie Kruger Aaron Kruger Aimee Newton Elaine Ong Carly Jensen Kendra Peterson Members of Scout Troop 287 and Troop 850 1 WELCOME INTRODUCTION AND PRELIMINARY MATTERS 09Chairman Moms Pratt called the meeting to order at 5 52 18 6 2m pand welcomed those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present 1 AndyHo Youth Council Pledge of Allegiance Opening Ceremonies Taylorsville Youth Council Member Andy Ho directed the Pledge of Allegiance Taylorsville City Council Minutes November 3 2010 Page 4 2 1 Reverence Matthew Pham Youth Council Opening Ceremonies For November 10 2010 to be arranged by Council Member Barbour 39Taylorsville Youth Council Member Matthew Pham offered the Reverence and called 53 18 for a moment of silence in remembrance of a young man who was struck by an automobile in front of Taylorsville High School earlier in the day 3 1 Citizen Comments 11 Chairman Morris Pratt reviewed the Citizen Comment Procedures for the audience He 54 18 then called for any citizen comments 01 There were no citizen comments and Chairman Pratt closed the citizen comment 55 18 period 4 1 Mayor Report s 10Mayor Russ Wall reminded Council Members of the ChamberWest Awards Banquet 55 18 scheduled for November 5 2010 at 0 6 0m p at the Utah Cultural Celebration Center He noted that the City has a table and needs to reserve space for anyone attending He asked that Council Members who are planning to attend the banquet notify him by the morning of November 4 2010 34The Mayor referenced the individual who was hit in front of Taylorsville High School 55 18 today and reported that the young man is now in good condifion 23 Mayor thanked citizens for exercising their opportunity to vote during the recent 56 18 election 36Mayor reminded those present of the Veterans Day Celebration and Parade on 56 18 November 11 2010 at 11 00 m a 19Council Member Bud Catlin and Mayor Wall reminded everyone of the Health Fair at 58 18 Taylorsville High School on November 6 2010 from 10 00 m a to 0 2 0 m p 11 Chairman Pratt recognized members of Scout Troop 287 and Troop 850 in attendance 57 18 Taylorsville City Council Minutes November 3 2010 Page 5 2 APPOINTMENTS 1 2 Resolution No 10 49Reaffirming the Appointment of Mayor Russ Wall as a Member of the Unified Fire Authority Board of Directors Filling the Four Year Term Beginning March 2008 through February 2012 John Inch Morgan 13 Mayor Wall explained reasons that it is necessary to reaffirm appointments previously 59 18 made to the Unified Fire Authority UFA Board He noted that he has served on the UFA Board since he has been Mayor and asked that a resolution be adopted to reaffirm his appointment since 2008 unti12012 City Administrator John Inch Morgan nominated Mayor Russ Wall to serve as a member of the Unified Fire Authority Boazd of Directors for the Term Through February 2010 Council Member Jerry Rechtenbach MOVED to approve Resolution No 10 49Reaffirming the Appointment of Mayor Russ Wall as a Member of the Unified Fire Authority Board of Directors Filling the Four Year Term Beginning March 2008 through February 2010 Council Member Dama Barbour SECONDED the motion Chairman Pratt called for discussion on the motion There being none he called for a vote The vote was as follows Barbour yes Pratt yes Johnson and Catlin Rechtenbach yes yes yes All City Council members voted in favor and the motion passed unanimously 3 REPORTS There were no reports 4 CONSENT AGENDA 1 4 Minutes CCWS 10 13 RCCM 10 20 12Council Member Dama Barbour MOVED to adopt the Consent Agenda Council 01 19 Member Bud Catlin SECONDED the motion Chairman Pratt called for discussion on the motion There being none he called for a roll call vote The vote was as follows yes Barbour yes Rechtenbach Pratt yesJohnson yes and Catlinyes All City Council members voted in favor and the motion passed unanimously 5 PLANNING MATTERS There were no planning matters 18Mayor Wall suggested that Agenda Item 7 02 19 1 be addressed at this time Taylorsville City Council Minutes November 3 2010 Page 6 00 Council Member Bud Catlin MOVED to address Agenda Item 7 03 19 1 at this time Council Member Larry Johnson SECONDED the motion Chairman Pratt called for discussion on the motion There being none he called for a roll call vote The vote was as follows yes and Catlin All City Council yes Pratt Barbour yes Johnson yes Rechtenbach yes members voted in favor and the motion passed unanimously OTHER MATTERS 1 7 Naming the Pedestrian Overpass Located on 6200 Ordinance No 10 31 South at 2700 West Mayor Wall 27Mayor Russ Wall referenced the pedestrian overpasses that were recently built on 6200 03 19 South at Calvin Smith Elementary and Bennion Jr High He stated that it was felt appropriate to name the bridges and also to place memorial plaques on each bridge The Mayor relayed that a Naming Committee was assembled to name the bridges per ordinance requirements He noted that the bridge at 2200 West has already been named as the Skyhawk Skywalk the memorial for Crossing Guard Jim Smith has been placed and that bridge has been dedicated 53 Mayor Wall reported that students at Bennion Jr High have been asked to provide 04 19 input on names for the Bridge at 2700 West and 6200 South He listed the top three names proposed by students as follows Bennion Boardwalk Pawprint Pathway and Over the Top 08Naming Committee Chair Rhetta McIff introduced student body officers in attendance 06 19 from Bennion Jr High as follows Elaine Ong Carly Jensen and Kendra Peterson 59Upon request the students described the process for selecting names through the 06 19 school 21Council Member Barbour confirmed that the majority of votes received were for 07 19 Bennion Boardwalk 38The student body officers stated their own preference for the 08 19 name Bennion Boardwalk 16Council Member Bud Catlin MOVED to adopt Ordinance 10 09 19 31 Naming the Pedestrian Overpass Located on 6200 South at 2700 West named Bennion Boardwalk and to include the appropriate memorial plaque Council Member Dama Barbour SECONDED the motion Chairman Pratt called for discussion on the motion Mayor Wall noted that a correction will be made to the spelling of the name on the memorial plaque There being no further discussion Chairman Pratt called for a roll call vote The vote was as follows Barbour yes yes Rechtenbach Pratt yesJohnson yes and yes Catlin All City Council members voted in favor and the motion passed unanimously Taylorsville City Council Minutes November 3 2010 Page 7 6 FINANCIAL MATTERS 25Financial Consultant Laura Lewis described the structure ofthe proposed bond 12 19 transaction She relayed that the intent of bonding is to provide the City of Taylorsville with a financing mechanism that works similarly to a line of credit She reviewed the proposal to issue incremental advance bonds Ms Lewis explained that the bonds are primazily secured by tax increment revenues that are received through s RDA s CDA etc She noted however that due to the current market and in order to secure the lowest possible interest rate the bonds are also backed by sales tax revenues She said that this backstop is provided in the event that there are not enough revenues generated through the project areas to repay the bonds 03 Ms Lewis called for questions from the Council 15 19 32 Council Member Barbour inquired whether each draw on the bonds will come back to 15 19 the Council for approval 34 Ms Lewis explained that a requirement for Council approval of draws is not included 16 19 in the current bond structure but could be added if desired City Attorney John Brems agreed that draws do not need to come before the Council He noted that the bond structure can be changed if necessary 26Council Member Catlin called for clarification on the proposed method for drawing 17 19 down bonds Ms Lewis explained that the bonds can be used for any existing or new urban renewal community development or redevelopment area She clarified that a type of invoice would be submitted to Ballard Spahr who would then draw up a document entitled Incremental Advance that document is then submitted to the purchaser of the bonds who will advance funds She said that whoever the City appoints would submit the request for funds She t generally enter into the type ofmechanism suggested Ms Lewis confirmed that cities don detailed the traditional method for issuing bonds for specific projects She outlined examples of how flexibility in drawing down bonds may allow the City to act faster on potential projects She cited similar projects she is working on with other cities She said that another benefit to the proposed structure is the ability to lock in a formula for an interest rate She indicated that incremental advance bonds are typically done in relation to special assessment areas Ms Lewis added that if desired the Council may stipulate guidelines or require Council approval on each draw She agreed that the Council may set a ceiling that requires Council approval for funds drawn 25City Administrator John Inch Morgan noted that the matter for consideration before the 22 19 inter agreement between the City and the Redevelopment Agency Council at this time is an local of Taylorsville Board RDA He noted that City Council Members sit on the RDA Board and the RDA Board is the body that will control guidelines on the bonds Mr Morgan cited some Taylorsville City Council Minutes November 3 2010 Page 8 draft guidelines and the proposal that the RDA Executive Director Mayor Wall be given authority to negotiate development deals up to a certain point He suggested that anything outside the pazameters be brought back to the RDA Boazd 48Mayor Wall referenced the previous bond issued to the City for storm water repair and 24 19 described parameters for those funds He said that funds drawn on the previous bond did not come back before the Council for every project done in regards to storm water or transportation issues The Mayor cited a need to have some flexibility in negotiating projects but stated that he has no problem accounting to the City Council on any expenditure He confirmed that the agreement before the Council is to approve the use of sales tax to back the bond and obtain lower interest and the RDA Board will then set parameters in the RDA Meeting 26 Ms Lewis addressed several questions regarding drawing upon the line of credit and 29 19 potential interest on the bond She confirmed that there is no penalty for not using the entire bond amount It was clarified that a special meeting of the Council could be called if a decision must be made quickly 15 Chairman Pratt posed some legal questions regarding the documents presented He 26 19 noted a discrepancy in the exact name of the agency He inquired whether a public hearing held by the RDA was referenced in the documents Mr Pratt cited his concern that the wording in the agreement stipulates that the entire 10 million bond will be used for the 5400 South Bangerter Project Area although that is not the intent He referenced many blanks in the document that must be discussed before approving 11 Ms Lewis relayed her understanding that Blaine Carlton from Ballard Spahr had 28 19 planned to attend this meeting as he could best address Mr s Pratt concerns She indicated that it is not uncommon to have some blanks in the document for unknown factors e i dates interest rates etc She noted that the main purpose of this meeting is to hold apublic hearing in order to meet statutory requirements Ms Lewis described additional steps that aze yet to be followed in the process of finalizing the bond agreements She said that the term sheet she has prepared does indicate that bond funds will be used in various areas She explained that the term sheet will be sent out to a number of investors for a bid response Ms Lewis stated that a bond purchase agreement finalizing specific terms and conditions will be brought back to the Council at a later time 01 Chairman Pratt indicated that he is not comfortable signing a document that does not 30 19 contain an interest rate Ms Lewis said that the document will be signed after the interest rate is obtained Mr Pratt disagreed and noted that if the resolution is approved the resolution will be signed Taylorsville City Council Minutes November S 2010 Page 9 13 Ms Lewis clarified that the resolution is between the City and the RDA Boazd 30 19 She said that the interest rate cannot be determined at this point and referenced the State process that must be followed She acknowledged that the document does contain exceed to anot amount 12Council Member Catlin observed that the only other time the City bonded was for 31 19 storm drain issues He noted that this proposed bond pledges sales tax Ms Lewis clarified that repayment of the bonds will first come from tax increment on project areas and if that isn t sufficient then sales tax will be used 48Mayor Wall confirmed that there is likely to be a shortfall between tax increment and 32 19 the bond payment and so money will come out ofthe general fund He stated that either an increase in taxes or a decrease in services will be needed to cover the shortfall The Mayor acknowledged that there is a high risk of the shortfall being covered by the general fund during the first two years 26Ms Lewis reviewed 34 19 guidelines for drawing and spending bond funds within project azeas She described ways to estimate tax increment revenue and said it is reasonable to request such estimates when a draw is made by Staff She emphasized that such projections are only estimates 42Chairman Pratt expressed concern over the 2 37 19 5 million amount of the initial drawdown He stated that this amount is higher than that which was initially discussed Mayor Wall recalled that the Council Chairman previously indicated he does not want to pay for a new building fagade but said he has received no official instruction from the Council The Mayor said that Staff is seeking ways to spend the least amount possible to make the project happen 13Council Member Barbour said that she has known all along and thought the rest of the 39 19 Council was aware that monies from the general fund would be required She stated her recollection that the Council had hoped to spend as little as possible but wanted to see the project happen 23City Attorney John Brems said that a solution is to have the Council be the approving 40 19 authority 51 Chairman Pratt said that he believes the Council is in agreement with the 40 19 Administration to proceed with the bonds but cited the need to make sure s i are dotted and is are crossed He stated that he will not sign the resolution as it is currently written because it needs to be fixed 40Ms Lewis indicated that the public hearing may go forward during this meeting so that 41 19 State law requirements are met and then the resolution may be adopted at a future time Taylorsville City Council Minutes November 3 2010 Page 10 45 Chairman Pratt noted that the document being considered is the resolution that was 42 19 provided in the packet 46 City Recorder Cheryl Peacock Cottle confirmed that the correct name of the agency is 42 19 the Redevelopment Agency of Taylorsville City and indicated that she has received new documents for signing in which that correct name is consistently reflected 46Council Member Johnson suggested that more information be obtained before the 43 19 resolution is considered 07Mr Morgan clarified that there is some time sensitivity related to the 5400 South and 44 19 Bangerter Highway Project but acknowledged that there is still time to address concerns and correct the agreement 54Ms Lewis reiterated that the interest rate formula will be unknown until much further 44 19 in the process She said that a not tofigure can be inserted in the document Chairman exceed Pratt stated that he is comfortable with that 35 Council Member Bud Catlin MOVED to hold the public hearing at this time but to 45 19 postpone consideration of the corrected resolution until the Council Meeting on November 10 2010 Council Member Larry Johnson SECONDED the motion Chairman Pratt called for discussion on the motion Discussion was held regarding the timing of the public hearing and whether it is appropriate to hold it now Ms Lewis confirmed that the hearing has been noticed and it is fine to hold it now and then take action on the resolution later There being no further discussion Chairman Pratt called for a roll call vote The vote was as follows Bazbour no yes Rechtenbach Pratt no Johnson yes and yes Catlin All City Council members voted and the motion passed with a 3 to 2 vote 6 3 0 1 6 Public Hearing p To Receive Public Comment for the Proposed m Execution by the City of an Inter local Pledge and Loan Agreement The Agreement Between The City and the Redevelopment Agency of the City of Taylorsville Utah The Agency to Pledge Certain of the s City Sales Tax Revenues The Sales Tax Revenues to Secure the Payment in Part of the s Agency Tax Increment Bonds Anticipated to be Issued in the Total Principal Amount ofNot More than 10000 The Bonds and A Any Potential Economic Impact the Agreement and Pledge of Sales Tax Revenues May Have on the Private Sector 16Chairman Pratt opened the public hearing and called for citizen comments 48 19 Taylorsville City Council Minutes November 3 2010 Page 1 l 21 Chairman Pratt read a statement from Aimee Newton expressing her favor of the 10 48 19 million bond for reinvestment in the City 52Chairman Pratt read an m 48 19 e ailed statement from Keith Sorensen stating his support of the bond for redevelopment with certain conditions goals controls monitoring reporting and stewazdship plus value added evaluation 57Lynn Handy encouraged pursuit ofthe bond and encouraged its broad use for projects 49 19 He stated that the bond will be of great benefit to the City of Taylorsville He suggested that services cannot be cut any further and a tax increase will have to be implemented Mr Handy encouraged the Council to be cautious but to move forward with the bond to revitalize the City 52Ken Acker stated his support of the issuance of a bond He suggested that the City not 19 waste the money but use it to generate sales tax revenue He asked for additional information on the project approval process and the debt service 15 Chairman Pratt noted that information on the debt service etc was furnished to the 57 19 Council eazlier in the day 49Mr Morgan and Ms Lewis described estimates on the debt service It was clarified 57 19 that four years of interest will be paid on the bond before principal payments are made Mr Morgan agreed to provide additional public information to Mr Acker 00Rhetta McIff stated her appreciation for the documentation that was placed on the 20 website for the public She referenced the general plan and said that she hopes it will be followed for economic development efforts in the City She noted that City Committees can be utilized in the process Ms McIff expressed hope that the Council doesn tstall the project She said that after watching all of the budget meetings she fears that Council approval of every redevelopment step along the way will result in missed opportunities She noted concern over delays that are already occurring 11 Chairman Pratt said he considers that a personal attack and reiterated his stand that he 03 20 will not sign a document that is incorrect Ms McIff acknowledged that the documents need to be correct but said citizens are anxious for development to happen in Taylorsville 04 Chairman Pratt noted that information on the bonds are on the s 20 City website 04There were no additional comments and Chairman Pratt declared the public hearing 20 closed He confirmed that no additional motions on this matter are needed at this time Taylorsville City Council Minutes November 3 2010 Page 12 05 20 18Chairman Pratt agreed to send an m e ail outlining his concerns so that the resolution can be changed for next week 37Mr Morgan noted that parameter resolutions aze being considered and cited his 05 20 understanding and intent that some of the blanks in the documents would be filled during this meeting He said that most of the blanks are dates etc and will necessazily remain blank for now 18Chairman Pratt asked that any other Council Members who may have concerns with the 06 20 resolution or agreement m e ail those to Mr Morgan as well 1 6 Resolution No 10 50 Accepting the Inter local Sales Tax Pledge and Loan Agreement Laura Lewis Financial Consultant Blaine Carlton Attorney Ballard Spahr LLP This resolution was tabled until November 10 2010 8 NEW ITEMS FOR SUBSEQUENT CONSIDERATION No Action 09There were no new items for subsequent consideration 07 20 9 NOTICE OF FUTURE PUBLIC MEETINGS NEXT MEETING 18 07 20 1 9 RDA Meeting Wednesday November 3 2010 7 0 0m p 2 9 Legislators Breakfast Wednesday November 10 2010 0 8 0ma Noon 3 9 City Council Briefing Session Wednesday November 10 2010 0 6 0m p 9 4 City Council Meeting Wednesday November 10 2010 3 6 0mp 9 5 Strategic Planning Session Saturday November 20 2010 08 0ma 9 6 City Council Briefing Session Wednesday December 1 2010 0 60mp 9 7 City Council Meeting Wednesday December 1 2010 3 6 0 m p 8 9 City Council Work Session Wednesday December 8 2010 0 6 0mp 10 CALENDAR OF UPCOMING EVENTS 55 07 20 10 Healthy Taylorsville Community Health Fair Saturday November 6 00 m 10 a to 0 2 0m pTaylorsville High School 5225 S Redwood Road Sponsored by City of Taylorsville Intermountain Healthcare Jordan Valley Medical Center and Taylorsville High School FBLA 2 10 Annual Veterans Day Parade and Celebration Thursday November 11 2010 11 00 m aContact Elaine Waegner at 5400 963 or 801 Taylorsville City Council Minutes November 3 2010 Page 13 ov ewaegnerna tavlorsvilleut for more information To submit photos or memorabilia contact Jean Ashby at 801 5400 or 963 jashbvCa To download parade application or parade flyer sov taylorsvilleut visit taylorsvilleut ww gov 11 ADJOURNMENT 29Council Member Bud Catlin MOVED to adjourn the City Council Meeting 08 20 Council Member Barbour SECONDED the motion Chairman Pratt called for discussion There being none he called for a vote yes The vote was as follows Rechtenbach yes Johnson Catlin yes yes and Pratt Barbour yes All City Council members voted in favor and the motion passed unanimously The meeting was adjourned at 0 8 9m p i y 9 y l L f J Cheryl Peac ck Cottle City Recorder Minutes approved CC O1 10 12 Minutes Prepared by Cheryl Peacock Cottle Ciry Recorder