City Council

Taylorsville City Council Minutes November 10 2010 Page I City of Taylorsville CITY COUNCIL MEETING Minutes Wednesday November 10 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 Donald Adams Grants Manager Keith Snarr Economic Development Director BRIEFING SESSION 1 Review Administrative Report 56Chairman Morris Pratt conducted the Briefing Session which convened at 0 00 18 6 0m p City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present Chairman Pratt called for questions on the Administrative Report for the Community Development Department and there were none Taylorsville City Council Minutes November 10 2010 Page 2 2 Review Agenda 36 The agenda for the City Council Meeting was reviewed Council Member Johnson 01 18 noted that he will have an item for discussion under Other Matters during the regular meeting 3 Adjourn 59The Briefing Session was adjourned at 0 06 18 6 7m p 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 Keith Snarr Economic Development Director Donald Adams Grants Manager Patrick Tomasino Building Official Citizens Raili Jacquet Jay Ziolkowski Rhetta McIff Dean Paynter Jerry Milne Lynn Handy John Gidney Joe Fraser Paula Fraser Trevor Brown Chris Panels Kevin Fenn Meaghan Maughan Tim Ryan Roger Borgenicht Ralph Daminann Louetta Daminann Steve Turner Kymrie Turner Curtis Tapia Mai Ngon Scott Thompson Nick Sandberg Mitch Haycock T J Wilken Keith Barlow Riley Bryan Mary Ellen Bryan Taylorsville City Council Minutes November 10 2010 Page 3 1 WELCOME INTRODUCTION AND PRELIMINARY MATTERS 17Chairman Morris Pratt called the meeting to order at 3 30 18 6 0m p and welcomed those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present 1 Pledge of Allegiance Opening Ceremonies Council Member Barbour 46Council Member Barbour recognized Mr and Mrs Riley 30 18 Bryan and noted that Mr Bryan is aveteran She described the service rendered by Mr Bryan and the commendations he received as a Veteran of the Vietnam War 06Mr Riley Bryan directed the Pledge of Allegiance 32 18 2 1 Reverence Council Member Barbour Opening Ceremonies For December 1 2010 to be arranged by Youth Council 45 Mary Ellen Bryan offered the Reverence 32 18 3 1 Citizen Comments 13 Chairman Moms Pratt reviewed the Citizen Comment Procedures for the audience He 35 18 then called for any citizen comments 16Jerry Milne commented on ordinance enforcement efforts in the City of Taylorsville 35 18 Mr Milne said that he has reported on ordinance violations but has had no response from officers He suggested that officers be mandated to respond to complaints within five days 27Mayor Wall agreed to personally follow up on why Mr Milne did not receive a return 37 18 call He relayed that City policy requires a response within one business day He noted that code enforcement officers are currently dealing with approximately 1000 open cases and are extremely busy 57Mr Milne indicated that the duplex property in violation is at 732 West 4800 South 37 18 11 Chairman Pratt asked Community Development Director Mark McGrath whether the 38 18 landlord for the property discussed is participating in the City s Good Landlord Program Mr McGrath indicated that he does not know that without checking Taylorsville City Council Minutes November 0 2010 Page 4 33 Mayor Wall asked for clazification on the subject property 38 18 He assured Mr Milne that someone would follow up with him by November 11 2010 He apologized for the lack of a return call to Mr Milne 24There were no additional citizen comments and Chairman Pratt closed the citizen 39 18 comment period 1 4 Mayor Report s 29Mayor Russ Wall reported on a meeting held with Taylorsville elected officials and 39 18 legislators earlier in the day He relayed that the meeting was very productive He reported on discussion held regarding potential townships and annexation The Mayor cited problems with the infrastructure in the County area west of Taylorsville He said that it would be very expensive to bring that area up to City standards 46Mayor Wall cited other current legislative topics e 40 18 ipotential reinstatement of the grocery tax and the evaluation of a substance known as Spice and businesses known as Huka Lounges 18 42 15 Mayor Wall invited those present to the Veterans Day Parade and Event to honor Veterans to be held tomorrow November 11 2010 at 11 00 a m 5 1 Recognition of the Best of Taylorsville Home Business Beautification Awards Rhetta Mclff LARP Chair 12LARP Chair Rhetta McIff recognized Ralph and Louetta Daminann and presented them 43 18 with the Best of Taylorsville Home Beautification Award 18 45 21 Council Member Johnson inquired whether a sign recognizing the beautification awards could be placed on winners properties Ms McIff agreed to follow up on signage 20Ms Bazbour thanked the recipients for their efforts in beautifying the community 46 18 01 Ms McIff also recognized employees of America First Credit Union and presented 47 18 them with the Best ofTaylorsville Business Beautification Award Kymrie Turner Chris Tapia Scott Thompson Mike Sanders and Mia Ngon were introduced 17Mike Sanders described the process for establishing the Credit s 49 18 Union location in Taylorsville He affirmed that some trees on parts of the property could not be saved during construction Taylorsville City Council Minutes November 1Q 2010 Page 36Ms McIff described the awards process for the upcoming year and said that certificates 52 18 of recognition will be distributed to all nominations next year 08Chairman Pratt thanked Ms McIff and Dean Paynter for their efforts 53 18 2 APPOINTMENTS There were no appointments 3 REPORTS There were no reports 4 CONSENT AGENDA There were no items for consideration on the Consent Agenda 5 PLANNING MATTERS 1 5 Publie Hearing 6 3 0m p To Receive Public Comment for a Proposed Zoning Ordinance Text Amendment to Sections 2 5 020 4 1328 040 30Regarding Liquor Use Definitions Specifically for Clubs 13 040 57Community Development Director Mark McGrath noted that this matter is largely a 54 18 housekeeping issue as a result of the s State comprehensive revamp on liquor licenses during the last legislative session He indicated that the proposed ordinance is designed to make City code consistent with the new State law He relayed that the categories for private clubs and taverns were eliminated from the State statute and those have now been replaced with four new categories as follows equity clubs fraternal clubs dining clubs at least 50 of sales must be for food and social clubs no provision for minimum food sales and no private membership is required Mr McGrath said that the subject ordinance eliminates the out ofcategories and date replaces them with the four new categories He explained that all four have been made conditional uses in 2 C and 3 C 41 Mr McGrath referenced City Code 2 56 18 5 100 4and said that section was included eazly in the s City history He suggested that this pazt of the City code could be eliminated or amended to specify no new social clubs equity clubs etc 09Mr McGrath affirmed that the definitions in the proposed ordinance are identical to 58 18 those found in state code Taylorsville City Council Minutes November 10 2010 Page 6 27Chairman Pratt opened the public hearing on this matter and called for citizen 58 18 comments 41 There were no comments and Chairman declared the public hearing closed 58 18 1 5 Ordinance No 10 32 Accepting a Proposed Zoning Ordinance Text Amendment to Sections 2 5 020 4 040 28 040 13 13 30Regarding Liquor Use Definitions Specifically for Clubs Mark McGrath 52 Mr McGrath confirmed that the proposed ordinance places no restrictions on new 58 18 clubs He also mentioned that the proposed changes received unanimous recommendation for approval from the Taylorsville Planning Commission 27 Council Member Rechtenbach referenced the current re 59 18 write of the entire City code and inquired whether this particulaz section of code needs to be changed right now or could actually be done as part of the re write 09Council Member Catlin cited his agreement with changing the definitions to reflect 00 19 state code He suggested however that further discussion on the ordinance be held during a Council Work Session 00 19 35Council Member Barboux inquired whether there is a need for immediate action on this ordinance Mr McGrath cited a restaurant the About Time Pub who is going to apply fox a local dining club license He explained that as the dining club category doesn t currently exist the license cannot be processed until the changes are made to the City ordinance 44Council Member Barbour said that if a business needs some action the ordinance 01 19 should not be held up 10Chairman Pratt noted that the ordinance is not being changed but only being updated to 02 19 match State Code 28Mr McGrath suggested that the ordinance could be considered in two parts if desired 02 19 by adopting the new land use designations now and then considering whether future uses should be prohibited at a later time 35Mayor Wall cited an 02 19 urgency related to this matter because of the business who is applying for a license and a current shortage in the availability of licenses from the State He described the process that must be followed and urged City support for the new business Taylorsville City Council Minutes November 10 2010 Page 7 50Mr McGrath reviewed the definition of a Social Club He clarified that the State no 04 19 longer requires memberships for Social Clubs and it is not required that they serve food 30Mr McGrath noted that the application expected from the new business is for a dining 06 19 club and not a social club 48 Mayor Wall listed examples of dining clubs and social clubs 05 19 53 Chairman Pratt confirmed the option of making a motion to approve the ordinance 07 19 with the exclusion of social clubs 08 26It was suggested that the ordinance be discussed further during the December Work 19 Session 28Council Member Catlin asked for additional clarification and Mr McGrath and Mayor 09 19 Wall gave further explanation Mayor Wall noted that the ordinance is basically just a word change and there is still no ability to get a license for a tavern in the City of Taylorsville 33 Council Member Rechtenbach explained that nothing is really being changed in the 11 19 ordinance but adopting it would simply be a remedial action to assist a new business He said that the right is still reserved for further examination of the ordinance Mr McGrath confirmed that adopting this ordinance now will not negatively impact the City in any way 34Chairman Pratt gave additional clarification on the name change from a private club to 11 19 asocial club 11 19 58 Council Member Catlin indicated that he doesn t have a problem with a simple change but noted that legislation implementing the change has been in force for several months He expressed concern over the delay in changing the ordinance to match State code 27Mayor Wall cited delays in interpretation of the law by the State before it was received 12 19 by the City He explained that Staff has been working on a whole new development code which included a re write of this ordinance but now there is a need to move this ordinance ahead to accommodate a business in the City 06 Council Member Dama Barbour MOVED to adopt Ordinance No 10 13 19 32Accepting aProposed Zoning Ordinance Text Amendment to Sections 2 020 5 4 13 040 040 28 30 13 Regarding Liquor Use Defmitions Specifically for Clubs Council Member Jerry Rechtenbach 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 Pratt Barbour Yes Taylorsville City Council Minutes November 10 2010 Page 8 yesJohnson Rechtenbach yes and Catlin yes All City Council members voted and the motion passed unanimously 2 5 Public Hearing 6 3 0m p To Receive Public Comment Regarding Amending Title 5 Business Licenses and Regulations of the Taylorsville Code of Ordinances 52 Community Development Director Mark McGrath noted that these changes have been 13 19 discussed previously specifically on October 13 2010 He referenced specific recommended changes to the ordinance as follows Add definition of per location 010 56 on page 4 a modification was proposed to say for the purposes of this title per location means a site occupied by a business rental dwelling unit or multiple rental dwelling units 2 Landlords with multiple properties 7 5 050 6 it was confirmed that landlords who own multiple rental properties are only required to hold one business license but will pay fees for each location 3 Good landlord training 7 5 060 6 a provision was added that if a person who took training is no longer associated with the rental property someone else will have to take the training sessions 4 Notice for inspections 7 100 5 6 requests for inspection will be in writing and delivered via certified mail Appeals to the provisions of the good landlord program 7 5 6 Appeals go to the 120 Administrative Law Judge rather than the City Council 50Mr McGrath clarified that the requirement to hold only one license with multiple rental 17 19 properties is based on State law 16Council Member Johnson inquired about any breaks being given to good landlords 19 Mr McGrath relayed that this idea was previously discussed but his understanding was that the majority of the Council did not wish to make any changes to current code in that regard 23Chairman Pratt acknowledged that a property owner can be a good landlord without 20 19 participating in the Good Landlord Program 40Chairman Pratt opened the public hearing on this matter and called for citizen 20 19 comments Taylorsville City Council Minutes November 1 Q 2010 Page 9 58 There were no comments and Chairman declared the public heazing closed 20 19 1 2 5 Ordinance No 10 33 Amending Title 5 Business Licenses and Regulations of the Taylorsville Code of Ordinances Mark McGrath 21Council Member Jerry Rechtenbach MOVED to adopt Ordinance No 10 19 33 Amending Title 5 Business Licenses and Regulations of the Taylorsville Code of Ordinance including the proposed wording amendment to the definition of per location Council Member Dama Barbour 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 Pratt Barbour Yes Rechtenbach yes no Johnson and Catlin yes All City Council members voted and the motion passed with a four to one vote 32 Chairman Pratt explained that he voted in favor of the ordinance because he believes 22 19 improvements have been made but said he still sees problems with the Good Landlord Program 6 FINANCIAL MATTERS 1 6 Public Hearing 6 3 p To Receive Public Comment on the Community 0m Development Block Grant CDBG Funds Kathy Ricci 07Chairman Pratt opened the public hearing on this matter and called for citizen 24 19 comments 13Council Member Bud Catlin requested that each participant state their administrative 24 19 costs 25 Meagan Maughn of The Road Home stated that the s 24 19 agency general operating budget is just over 000 5and administrative costs are approximately 3 to 3 6 of that amount Ms Mauglm described needs in the community and cited arecent significant increase in families who are in need She indicated that the winter shelter was opened early this year due to the overflow in other shelters She said that the 63 families served at the shelter is a record high 01 Ms Maughn clarified that the downtown facility operates year 26 19 round and the community winter shelter in Midvale is open during winter months mid October March She relayed that there is no criteria for receiving service at the shelter She explained that any individual can receive basic shelter Ms Maughn noted that no one who is intoxicated is allowed in the shelter She indicated that a detoxification shelter is also operated 21 Ms Maughn reported that the year 27 19 round shelter has 31 rooms for families and the facility currently has 63 families Taylorsville City Council Minutes November 10 2010 Page 10 28 Council Johnson commented on complaints he has received regarding drug use at the 19 Road Home Ms Maughn acknowledged that there is an unsavory element in the area around the shelter but said that the shelter itself has a no tolerance policy for drugs She said that the shelter partners closely with the Police Department 36 Mayor Wall noted that applications for CDBG funds are due on December 1 2010 and 30 19 relayed that the Council will receive a complete packet of applications for review at a future time He also asked that CDBG Consultant Kathy Ricci be excused from the meeting due to a family emergency 53 Keith Barlow of the Taylorsville Food Pantry thanked the Ciry for funds awarded last 30 19 year and for assistance with improvements to the building He relayed a request for 0 5 00 for the Food Pantry for the coming year He said there are no administrative cost as the pantry is operated through volunteer efforts 41 Roger Borgenicht of ASSIST described the profit 31 19 non community design center that has been around for 40 yearsHe stated that two of the major programs run by ASSIST are an emergency home repair program and accessibility design for individuals with disabilities He reported that administrative fundraising costs are less than 5 and 19 goes to program delivery Mr Borgenicht indicated that ASSIST uses a pool of 30 private license insured contractors throughout the County to provide critical repairs He clarified that no cosmetic repairs are provided He also described accessibility assistance that is provided through programs 44Mr Borgenicht cited the unusually high need for services this year He indicated that 33 19 funds are also being stretched because ASSIST is the default agency for the Utah s Foodbank Lifecare Program which is no longer doing repairs He reported that efforts are being made to work through the current issues 04Council Member Johnson inquired about the top three problems seen by the agency 35 19 Mr Borgenicht relayed that energy efficiency efforts are a high priority in the unincorporated areas e i upgrading furnaces weather stripping windows He said that 30 40ofthe work done in municipalities is plumbing 30 is roofing with some electrical work pest control and accessibility design 18Mr Borgenicht reported that the income level requirement for the program is below 36 19 50 of the area median and this year the average income is 0 1 00 to 2 1 00 per month per household He answered questions about screening for eligibility 31Mr Borgenicht thanked the City for its support 39 19 Taylorsville City Council Minutes November 10 2010 Page 11 44Economic Development Director Keith Snarr commented on his recent visit to the 39 19 Road Home Facility in participation with the Exchange Club He stated that he was very impressed with the facility 10There were no additional comments and Chairman declared the public hearing closed 40 19 2 6 Discussion ofEconomic Development Incremental Bonds Scheduled for Consideration by the Council on December 1 2010 John Inch Morgan 36City Administrator John Inch Morgan noted that this matter was tabled at the last City 40 19 Council Meeting Due to time constraints involved in preparing the necessary documents he requested that the matter be continued to December 1 2010 28Council Member Bud Catlin MOVED to discuss the economic development bonds 41 19 during the December 1 2010 City Council Meeting Council Member Jerry Rechtenbach SECONDED the motion Chairman Pratt called for further discussion Chairman Pratt inquired when the documents will be available for review Mr Morgan relayed a commitment from Bond Counsel Blaine Carlton and Financial Consultant Laura Lewis to provide them to the City Council by November 20 2010 Mr Morgan clarified that the TEDIF document was included for discussion and to identify guidelines for the use of bonds He reviewed ideas for guidelines in setting parameters Chairman Pratt said he doesn tagree with all the principles included and would like some further discussion Mr Morgan indicated that he has simply provided a basis for defining and discussing parameters There being no further discussion Chairman Pratt called for a roll call vote on the motion The vote was as follows yes Pratt Barbour Yes yes Johnson Rechtenbach yes and Catlin yes All City Council members voted and the motion passed unanimously OTHER MATTERS 1 7 Discussion of December Council Meeting Dates Chairman Pratt 03 Chairman Pratt called for discussion on the schedule for Council Meetings during the 45 19 month of December 2010 He inquired whether there is a need to modify the schedule because of the holiday season Council Member Rechtenbach suggested leaving all three meetings on the calendar but reversing the order of the schedule so that regular meetings are held on December 1 2010 and December 8 2010 and then a Work Session can be held on December 15 2010 if needed The Council concurred with this recommendation and City Recorder Cheryl Peacock Cottle agreed to notice the schedule modification accordingly Taylorsville City Council Minutes November 10 2010 Page 12 18Council Member Larry Johnson inquired about any 47 19 signage planned that would prohibit trucks on the Canal Road Mr Morgan said that the signs will be ready within a couple of weeks He indicated that only delivery trucks will be allowed on Canal Road 36Council Member Johnson commented on how good the new fence looks at the 47 19 Recycling Center on 6200 South Redwood Road 58Council Member Barbour relayed that three members of the LARP Committee have 47 19 reported not receiving their issues of the Valley Journal Council Member Johnson also cited delivery service that is lax 48 40 Mayor Wall stated that the City is currently considering other options for delivery He 19 noted that Valley Journal Reporter Raili Jacquet is in attendance and said the City has no problem with the s Journal reporting He asked Ms Jacquet to relay the delivery problems to her bosses at the Journal 8 NEW ITEMS FOR SUBSEQUENT CONSIDERATION No Action 14There were no new items for subsequent consideration 49 19 9 NOTICE OF FUTURE PUBLIC MEETINGS NEXT MEETING 21 49 19 1 9 Strategic Planning Session Saturday November 20 2010 08 0N m a oon 9 2 City Council Briefing Session Wednesday December 1 2010 060m p 3 9 City Council Meeting Wednesday December 1 2010 3 60 p m 9 4 City Council Work Session Wednesday December 8 2010 0 6 0mp 9 5 City Council Briefing Session Wednesday December 15 2010 6 0 0m p 6 9 City Council Meeting Wednesday December 15 2010 3 6 0mp It was noted that the order of City Council Meetings in December has been modified and will be appropriately noticed 10 CALENDAR OF UPCOMING EVENTS 17 50 19 10 Annual Veterans Day Celebration and Parade Thursday November 11 2010 11 00 m a Contact Elaine Waegner at 801 5400 or 963 eov ewaeenernu tavlorsvilleut for more information To submit photos or memorabilia contact Jean Ashby at 801 5400 or 963 iashbynn gov taylorsvilleut To download parade application or parade flyer visit taylorsvilleut ov www Taylorsville City Council Minutes November 10 2010 Page 13 10 2 Annual Exchange Club Fundraising Dinner Saturday November 13 2010 6 3 0m pCity Council Chambers 2600 W Taylorsville Blvd Tickets are 15 each Light dinner followed by free Bingo with prizes Come support Taylorsville Exchange Club sannual dinner to raise funds for their service projects To purchase tickets contact Linda Hardman at 4058 801 450 or net earthlink lhli 11 ADJOURNMENT 22 Council Member Dama Barbour MOVED to 50 19 adjourn the City Council Meeting Council Member Larry Johnson SECONDED the motion Chairman Pratt called for discussion There being none he called for a vote The vote was as follows yes Pratt Barbour Yes yesJohnson Rechtenbach yes and Catlin yes All City Council members voted in favor and the motion passed unanimously The meeting was adjourned at 5 7 0m p Cheryl Peaco Cottle City Recorder Minutes approved CC 12 10 01 Minutes Prepared by Cheryl Peacock Cottde City Recorder