City Council

Taylorsville City Council Work Session Minutes February 9 2011 Page 1 City of Taylorsville Work Session Minutes Wednesday Febraary 9 2011 Council Chambers 2600 West Taylorsville Blvd Room No 140 Taylorsville Utah 84118 Attendance Mayor Russ Wall Council Members City Staff John Inch Morgan City Administrator Vice Larry Johnson Chairman John Brems City Attorney Council Member Dania Barbour Cheryl Peacock Cottle City Recorder Council Member Bud Catlin Jessica Springer Council Coordinator Council Member Morris Pratt Del Craig Chief of Police Mark McGrath Community Development Director John Taylor City Engineer Scott Harrington Chief of Finance Keith Snarr Economic Development Director Marsha Thomas Judge Patrick Tomasino Building Official Excused Council Chairman Jerry Rechtenbach Others Jobn Gidney Kristie Overson Kaye England 53 Chairman 00 18 Vice Larry Jabnson called the Work Session to order at 0 6 0m p and welcomed those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present except Chairman Jerry Rechtenbach who was excused Taylorsville City Council Work Session Minutes February 9 2011 Page 2 1 Closed Session a Strategy Session to Discuss Pending or Potential Litigation Council Member Moms Pratt MOVED to convene a Closed Session to discuss the sale and purchase of real property and also a Closed Session regarding pending or potential litigation at 6 0 0m pmp Council Member Dania Barbour SECONDED the motion Vice Chairman harry Johnson called for discussion on the motion There being none he called for call aroll vote The vote was as follows yes Barbour yes Catlin Pratt Rechtenbach and yes excused yes Johnson All members of the City Council voted and the motion carried by a unanimous vote CLOSED SESSIONS Those in attendance at this Closed Session were Council Members Barbour Catlin Johnson and Pratt Mayor Russ Wall City Administrator John Inch Morgan City Attorney John Brems and City Recorder Cheryl Peacock Cottle Chairman Rechtenbach was excused Minutes for the Closed Session were taken and are now on file as a Protected Record Council Member Morris Pratt MOVED to adjourn the Closed Session at 4 6 1m p and convene an additional Closed Session to discuss the sale and purchase ofreal property Council Member Dania Bazbour SECONDED the motion Chairman Vice Larry Johnson calledfor discussion on the motion There being none he called for call aroll vote The vote was as follows yes Pratt Rechtenbach and yes yes excused yes Barbour Catlin Johnson All members of the City Council present voted and the motion carried by a unanimous vote b Strategy Session to Discuss the Sale and Purchase of Real Property Those in attendance at this Closed Session were Council Members Bazbour Catlin Johnson and Pratt Mayor Russ Wall City Administrator John Inch Morgan City Attorney John Brems Grants Manager Donald Adams and City Recorder Cheryl Peacock Cottle Chairman Rechtenbach participated in this Closed Session via telephone Minutes for the Closed Session were taken and are now on file as aProtected Record Council Member Morris Pratt MOVED to adjourn the Closed Session at 4 6 6m p and convene the City Council Work Session Council Member Bud Catlin SECONDED the motion Vice Chairman Johnson called for discussion on the motion There being none he called for aroll call vote The vote was as follows yes Catlin Pratt yes excused yes Barbour Rechtenbach and yes Johnson All members ofthe City Council present voted and the motion carried by a unanimous vote Taylorsville City Council Work Session Minutes February 9 2011 Page 3 2 2011 Midyear Budget Presentation and Dissemination of Budget Documents 2010 Mayor Russ Wa Jofan Inch Morgan Scott Harrington 50 City Administrator John Inch Morgan presented a budget narrative and spreadsheet to 47 18 Council Members Chief of Finance Scott Harrington referenced changes to the Midyeaz Budget and asked that the City Council review the documents for discussion at next s week meeting 3 Discussion of Taylorsville Drag Court and Small Claims Court Issues John Ineh Morgan 41 Ciry Administrator John Inch Morgan referenced a request from Council Members 55 18 during the prior City Council Meeting to bring back information regarding the Small Claims Court Mr Morgan noted that Judge Marsha Thomas who presides over Small Claims was in attendance and is prepared to respond to any questions 14Chief ofFinance Scott Harrington illustrated updates to the spreadsheet addressing 56 18 Small Claims that was distributed in November 2011 He said that December figures aze now included in the new spreadsheet 27Discussion was held regazding Small Claims Court fees It was noted that the City has 57 18 no control over changing fees other than lobbying legislators It was conf rmed that expenses in the Small Claims Court are being covered by revenue received CouncIl Member Pratt cautioned against directing too many Court resources towazd the Small Claims Court 12Mr Harrington reviewed assumptions made in the compilation of the Small Claims 58 18 Costs and Case Load Report He stated that costs for the Small Claims Court aze out ofthe hands of Ciry Administrators and are based on court activity 40Mr Morgan referenced an m 59 18 e ail string between Judge Kwan Mayor Wall and Mr Harrington to try and solidify the cost of the Substance Abuse Court Mr Morgan said that an impasse has been reached in identifying those casts He indicated that it is difficult to identify a definitive total net cost He noted that there is some question regazding opportunity costs if the Substance Abuse Court did not exist 01 Mr Morgan noted that Judge Kwan is currently out oftown and not able to attend this 19 meeting 33Mr Morgan clarified that no official notice was received by the City regarding 01 19 decertification ofthe Substance Abuse Court however a hearing was held and a Taylorsville City Council Work Session Minutes February 9 2011 Page 4 recommendation came from Judge Fuchs that the Court be decertified Mr Morgan relayed that the Commission accepted that recommendation and gave Judge Kwan notification that he had 90 days to wind down the Court Mr Morgan fiuther relayed that Judge Kwan believes he was given 40 days to provide additional information in order to certify the Court 20Mr Morgan said that he has requested minutes from the Commission Meeting and 02 19 described Richard s Schwarmet interpretation ofthe recommendation that the Court be wrapped up within 90 days 08It was clarified that the City learned a year ago that the Court would need to certify in 03 19 July of2010 and that the Court has not yet met criteria for the certification Council Member Catlin inquired why the Substance Abuse Court is still being allowed to operate He reported that the Taylorsville Court has more clerks than courts in Ogden Murray West Jordan and Provo He expressed his disappointment that successes in the Taylorsville Court have not been shown 58Council Member Pratt asked for clarification on the memo that was received from 04 19 Judge Fuchs Mayor Wall estimated that the City received that specific document from the Sheriff s Office approximately four months ago but did not receive it directly from the Commission 01 Mayor Wall reviewed discussions held with the Administrative Office of the Courts to 07 19 help deal with problems in the Taylorsville Substance Abuse Court He said the official recommendation was to decertify the Court until July 2010 Mayor Wall explained that Judge Kwan has a different interpretation of the day 90 recommendation given and believes he has 90 days to finalize certification The Mayor said that City Administration has no control over the Court and is in need of standardized procedures He noted that although the Council has budgetary control over the Court it would be difficult to cut the budget ofan operating court 54The Mayor cited s 09 19 Administration efforts to assign hazd costs to the Substance Abuse Court but said Judge Kwan disagrees with the assessment by Administration 37Council Member Catlin reviewed the number of clerks employed in other courts He 10 19 indicated that the Taylorsville Court has more clerks but is still losing money while other courts aze not 27Judge Thomas confirmed that Taylorsville 11 19 scourt caseload is about the same as that of Summit County Mayor Wall relayed that Summit County employs one judge and five clerks He cited Judge s Kwan explanation that Taylorsville Court cases aze more complicated than those in Summit County Taylorsville City Council Work Session Minutes February 9 201 Page 5 32Council Member Barbour asked City Attorney John Brems to address options for 12 19 dealing with court issues 29Mr Brems cited one option to make each budget line item a department so that money 13 19 cannot be moved around Mr Morgan said that a different budget structure could possibly be implemented 05Mayor Wall stated that there is currently no ability to move money departmentally 14 19 inter unless he approves it although the Council can override his disapproval 33The Mayor explained that Judge Kwan originally stated that he could run the Court 14 19 with fewer clerks but then went to the Council requesting more temporary clerks at that time the Council directed the Judge to submit such a request to the Mayor and the Mayor then turned down the request Mayor Wall said that the Judge doesn tbelieve the Council and Administration are united in their view of court issues 12Council Member Barbour inquired about the possibility of creating a line item for drug 15 19 court and then removing it from the budget Mayor Wa11 said that there is currently a line item for the drug court but that budget is only used to buy treats for the Drug Court Graduation He relayed that Judge Kwan has indicated this is the only cost and that the Drug Court is actually saving the City money 11 Mayor Wall said that in the past he has instructed City prosecutors not to sign off any 16 19 individuals going to Drug Court but the Judge subsequently tells the defense to instruct defendants to plead guilty and then sentences them to the Drug Court The Mayor said that he has heard that some defense attorneys tell their clients to plead guilty in Taylorsville and then an appeal can be filed 14Council Member Pratt inquired about the status ofthe temporary clerks employed in 18 19 the Court He observed that it seems Administration is not on boazd with the hiring ofthe temporary employees although they have not objected during previous Council Meeting discussions 34 Mayor Wall said that the Judge 18 19 soriginal request is reflected in the current proposed Court transaction mid budget adjustments The Mayor said that by not approving the s year request he has essentially disapproved the request 49Mr Harrington illustrated the transfer request in the budget from warrant services to 18 19 salaries and wages in order to fund the temporary employees Mayor Wall said that all Department heads aze told that they may request budget adjustments from him and if he says no Taylorsrille City Council Work Session Minutes February 9 2011 Page 6 they are always allowed to request the change from the Council Mayor Wall clarified that he is not recommending the proposed adjustment but it has been included for Council consideration 08Mayor Wall explained that when the State decertifies the Court all it means is that the 21 19 State will no longer fund the Court Mayor Wall agreed that it doesn tmake sense to keep running the Substance Abuse Court when it is not acceptable to the State Court system 22Further discussion was held regarding decertification of the Drug Court the number of 19 clerks in the Court the lack of supervision ofjudges and potential cuts to the s Court budget Mayor Wall said that he doesn tdoubt that the Drug Court changes lives but questions how the can afford it He said that compliance City non with State standards raises suspicions on the validity of the Drug Court Mayor Wall acknowledged that Judge Kwan totally believes that he is doing what is best for Taylorsville citizens but Administration objects because the Drug Court is not certified 52The Mayor noted that the penalty for certification 26 19 non of the Court is not cleazly defined 23Council Member Pratt disagreed with the statement made in Judge s 27 19 Kwan email that personnel costs incurred would be the same in the absence of a Drug Court 41Mr Harrington cited some unknown factors he faces in trying to analyze actual costs 28 19 for rnnning the Drug Court 08Mr Morgan indicated that Administration plans to bring their estimates on Drug Court 29 19 costs forward but speculated that those will differ from the Judge s estimates 23Council Member Johnson requested detailed information from Judge Kwan regazding 29 19 why Taylorsville cases are different from other court cases 46Mr Morgan stated that Judge Kwan is currently out of town but has requested an 29 19 opportunity to personally answer questions about the Drug Court 26Council Member Pratt referenced unresolved issues with year 30 19 mid budget adjustments in relation to the Court Mayor Wall reported that Judge Kwan has agreed to halt the work of temporary court employees until staffing and budget issues aze resolved and the Mayor has recommended that he do so 33Mayor Wall explained that although it is within his purview to make budges 31 19 adjustments within a department he would still like input from the City Council Council Taylorsville City Council Work Session Minutes February 9 2011 Page 7 Member Pratt said that the Council has already expressed support for the Mayor s position Mayor Wall stated that Judge Kwan does not view it that way 59Council Member Barbour clarified that the City Council was very firm in stating that 31 19 they would not approve budget adjustments for staffing and that the issue was to be resolved between the Judge and the Mayor She suggested that the Council sposition was previously made very clear and that the Judge does understand it 17Mayor Wall apologized that he was not in attendance during earlier discussions He 32 19 said that if he had been at the meeting he would have made his approval non very cleaz 23Council Member Bazbour suggested that the budget adjustment for additional court 32 19 staff should be removed from the budget year budget should be adjusted to 34The consensus ofthe Council was that the mid 32 19 reflect that a staffing adjustment is no longer an option 50Mr Harrington agreed to change the budget document to remove the Court employee 19 32 salary adjustment and then forward the amended document to Council Members by February 10 2011 33Council Member Johnson said that he wants more time to study the proposed budget 19 adjustments Mr Morgan clarified that it is not mandatory to pass the mid year budget next week He explained that the budget has been prepared to give the Council the option to gals it or to move it for further consideration at a future meeting He noted that when Administration first year budget adjustments there were not a lot of changes to be made and began dealing withmid most amendments dealt with the 16 resolutions aheady passed by the Council Mr Morgan said that originally it was thought that the budget could be passed in one meeting but given the complexities that have entered into the budget since that time it is the s Council prerogative to move it to other meetings 33Mr Morgan confirmed that the FY 2010 34 19 2011 Budget was passed by resolution and the mid budget adjustments will be consistent with that year 4 Discussion Concerning Changing Rear and Side Yard Setbacks for Awnings and Other Attached Structares in Residential Zones Mark McGrath 59Community Development Director Mark McGrath relayed that the City recently had 34 19 two applications appear before the Boazd of Adjustments that were denied He explained that these applications involved property owners who have built covered awnings into the required setbacks as established in the City Zoning Code Taylorsville City Council Work Session Minutes February 9 2011 Page 8 36Mr McGrath noted that the current code stipulates that anything attached to the main 35 19 structure that is covered by a roof and supported by either a wall or a column is considered part ofthe main structure and must adhere to the City s setback standards 55Mr McGrath illustrated images ofcode violations on two properties relating to setback 35 19 standards 27Mr McGrath reported that in both instances the Boazd of Adjustment recommended to 36 19 t appropriate based on the fact that criteria established by the the applicants that a variance wasn Boazd and by State law was not met He relayed that the Boazd has suggested that a more appropriate way to address this issue is through an ordinance amendment 13 Mr McGrath asked whether City Council Members believes an ordinance adjustment 41 19 is appropriate and whether they want to investigate the possibility of allowing these types of structures Mr McGrath said that if that is the case the matter can be forwarded to the Planning Commission for input 10Council Member Johnson inquired why code violations relating to attached structures 42 19 have not been enforced sooner 42Mr McGrath stated his surprise at how many violations relating to structures he 19 actually found when he went looking He said that even though the City is aware of some violations it is a sensitive issue to ask property owners to demolish existing structures He explained that follow up on violations has generally been done after a complaint is received 32It was observed that structures attached to homes in violation of code is a wide 38 19 City problem that detracts from neighborhoods Discussion was held regazding this potentially controversial issue and the need to be consistent through the City 54Mr McGrath described current setback standazds for attached structures 45 19 45The consensus ofthe City Council was to send this issue to the Planning Commission 49 19 for further study and recommendation 17Mr McGrath agreed that the City could have been more aggressive with enforcement 51 19 in the past in regards to attached structures 5 Other Matters There were no other matters for discussion Taylorsville City Council Work Session Minutes February 9 201 Page 9 6 Adjournment 51 Council Member Morns Pratt MOVED to adjourn the City Council Work Session 19 Council Member Dama Barbour SECONDED the motion Vice Chairman Johnson called for discussion There being none he called for a vote The vote was as follows Pratt Catlin yes Rechtenbach and yes yes excused yes Barbour Johnson All City Council members voted in favor and the motion passed unanimously The meeting was adjourned at 5 7 1m p ottle City Recorder Cheryl Peacoc Minutes approved CC 03 i 02 l es Prep Mtmr oedby Cheryl Peacock Cottle Clly Recorder