City Council

Taylorsville City Council Minutes July 20 2011 Page 1 City of Taylorsville CITY COUNCIL MEETING Minutes Wednesday July 20 2011 Council Chambers 2600 West Taylorsville Blvd Room No 140 Taylorsville Utah 84129 BRIEFING SESSION Attendance Council Members City Staff Council Chairman Jerry Rechtenbach John Inch Morgan City Administrator Council Member Morris Pratt John Brems City Attorney Council Member Dama Barbour Cheryl Peacock Cottle City Recorder Jessica Springer Council Coordinator Mark McGrath Community Development Director Excused Mayor Russ Wall Council Member Bud Catlin Council Member Larry Johnson Others Kristie Overson Glenn Burgess Charlie Bernstein BRIEFING SESSION 1 Review Administrative Report Chairman Rechtenbach conducted the Briefing Session which convened at 0 6 0m p City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein Council Members Barbour Pratt and Rechtenbach were present It was noted that Mayor Russ Wall and Council Members Catlin and Johnson were excused from the meeting Chairman Rechtenbach called for questions on the Administrative Report for Community Development and Council Member Pratt inquired about the appeal issue on the agendaCommunity Development Director Mark McGrath confirmed that the Planning Commission denied the subject appeal He agreed to follow up on Taylorsville City Council Minutes July 20 2011 Page 2 s request Mr McGrath gave another enforcement issue per Chairman Rechtenbach clarification on the definition of a home occupation and on business license requirements 2 Review Agenda 03 The agenda for the City Council Meeting was reviewed 18 Community Development Director Mark McGrath gave explanation on planning matters on the agenda and outlined the definition of an awning structure Mr McGrath also reviewed the history regarding the appeal on an animal Hobby Permit Council Member Pratt inquired about the report from Animal Services and Council Member Barbour relayed information she received during a discussion with Animal Services and with neighbors She cited concerns that neighbors have expressed over the animals in question 42City Administrator John Inch Morgan noted that some new information was received 14 18 regazding discrepancies contained in the RDA documents Chairman Rechtenbach noted that the bonding issues scheduled for the RDA Meeting will be postponed to allow time for review of the new documents received 3 Adjourn 41 The Briefing Session was adjourned at 1 15 18 6 5m p REGULAR MEETING Attendance Council Members City Staff Council Chairman Jerry Rechtenbach John Inch Morgan City Administrator Council Member Morris Pratt John Brems City Attorney Council Member Dama Bazbour Mazk McGrath Community Development Director Wayne Dial Assistant Chief of Police Cheryl Peacock Cottle City Recorder Jessica Springer Council Coordinator John Taylor City Engineer Scott Harrington Chief of Finance Donald Adams Interim Economic Dev Director Patrick Tomasino Building Official Taylorsville Ciry Council Minutes July 20 2011 Page 3 Excused Mayor Russ Wall Council Member Bud Catlin Council Member Larry Johnson Citizens John Gidney Kristie Overson Charlie Bernstein Ernest Burgess Marsha Rosati Dykes Jay Ziolkowski Israel Grossman Riley Cooper Cathy McKitrick Dave Ballou Aimee Newton Jessica Smith Debbie Baty Robert Baty Pamela Darby Kathy Withers Tyler Smith Chanbopha Tek Kay Burrows Amy Fiscus Zack Christensen Jill Christensen 1 WELCOME INTRODUCTION AND PRELIMINARY MATTERS 18 31 12Chairman Jerry Rechtenbach called the meeting to order at 3 6 p and welcomed 1m those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present except Council Members Catlin and Johnson It was noted that Mayor Russ Wall and Council Members Catlin and Johnson were excused from the meeting 1 Opening Ceremonies Pledge of Allegiance Council Member Pratt 35Council Member Morris Pratt directed the Pledge of Allegiance 31 18 1 2 Reverence Council Member Pratt Opening Ceremonies For August 3 2011 to be arranged by Youth Council 40Council Member Pratt offered the Reverence 32 18 3 1 Citizen Comments 30Chairman Jerry Rechtenbach reviewed the Citizen Comment Procedures for the 34 18 audience He then called for any citizen comments 04There were no citizen comments and Chairman Rechtenbach closed the citizen 37 18 comment period 25 Chairman Rechtenbach recognized a boy scout in attendance from Troop 929 37 18 4 1 Mayor Report s There was no s Mayor Report given as Mayor Wall was excused from the meeting 2 APPOINTMENTS There were no appointments Taylorsville City Council Minutes July 20 2011 Page 4 3 REPORTS There were no reports 4 CONSENT AGENDA 1 4 Minutes SSCM 06 11 08 RCCM 07 11 06 10Council Member Morris Pratt MOVED to adopt the Consent Agenda Council 38 18 Chairman Rechtenbach called for discussion Member Dama Barbour SECONDED the motion on the motion There being none he called for a roll call vote The vote was as follows Pratt yes and Johnson yes Rechtenbach excused Barbour yes Catlin excused All City Council members present voted in favor and the motion passed unanimously 5 PLANNING MATTERS 1 5 Public Hearing 6 3 0m p To Receive Public Comment on a Proposed Text Amendment to Section 050 A 10 13 of the Zoning Ordinance Regarding Open Sided 3 Sides Structures to a Home Mark McGrath 55 Community Development Director Mark McGrath presented a proposed zoning 38 18 ordinance regarding a text amendment to Section 050 A 10 13 concerning the addition of awnings to homes He relayed the current setback standards pertaining to awnings 15 feet and cited the Staff s and the Taylorsville Planning Commission s recommendations to adjust the setback standard to five feet He clarified that the proposal is to allow structures that are open on all sides other than the side attached the home to within five feet of the residence 08Chairman Rechtenbach opened the public hearing on this matter and called for citizen 43 18 comments 18There were no comments and Chairman Rechtenbach declared the public hearing 4334 closed 1 5 Ordinance No Amendment 07 11 to Section 050 Aof the 10 13 Zoning Ordinance Regarding Open Sided 3 Sides Structures to a Home 46Council Member Dama Barbour MOVED to adopt Ordinance No 11 43 18 7 Amendment to Section 050 Aof the Zoning Ordinance Regarding 10 13 Open Sided 3 Sides Structures to a Home Council Member Morris Pratt SECONDED the motion Chairman Rechtenbach called for discussion on the motion There being none he called for a roll call vote The vote was as Taylorsville City Council Minutes July 2Q 2011 Page 5 follows yes excused Pratt Catlin Barbour yes and Johnson yes Rechtenbach excused All City Council members presented voted in favor and the motion passed unanimously 2 5 Request for an Appeal of a Conditional Use Permit Denial for an Animal Hobby Permit on Property Located at 5794 South Carranza Drive Mark McGrath 12Community Development Director Mark McGrath gave history on an application that 44 18 was recently before the Planning Commission for a Animal Hobby Permit to allow four dogs on the s applicant property He relayed that neighbors were contacted and a number of letters were received from neighbors regarding odor care and noise issues at the property Mr McGrath stated that the Planning Commission denied the application for the Animal Hobby Permit and the applicant has subsequently appealed that decision He explained that according to City ordinance the issue before the City Council is a decision whether to hear the appeal remand the matter back to the Planning Commission or uphold the Planning Commission s decision to deny the permit 02Mr McCrrath cited a letter received from the s 18 48 applicant mother Sheila Parker and distributed such to the City Council 49Mr McGrath explained that an initial complaint was made to West Valley Animal 48 18 Services regarding the number of dogs on the property He stated that a subsequent complaint was received regarding barking whereupon an Animal Control Officer went to the property but did not witness any barking 33 Applicant Jessica Smith relayed her desire to keep her four dogs and said her property 50 18 has been in compliance every time an officer has come to the property She said that her family Dlicense and relayed that she is a Veterinary Technician She stated that she holds a S U A takes excellent care of her animals Ms Smith distributed pictures ofher property to the City Council She said that her dogs do not bark for long periods of time and cited other dogs in the neighborhood who do bark excessively 45 The s 55 18 applicant husband Tyler Smith commented on the welfare of the animals and relayed that their animals are very healthy and well cared for 35Chairman Rechtenbach invited neighbors to comment 56 18 Smith described where her residence is in 06 Debbie Baty a neighbor of Jessica s 57 18 relation to the applicant She described her concerns regarding the dogs and cold conditions dating back to January 2011 She reviewed the history of calls she made to West Valley Animal Services and documentation she kept regarding barking incidents Taylorsville Ciry Council Minutes July 20 2011 Page 6 20Kathy Withers said that she is a backyard neighbor s 03 19 Jessica She said that although town a dog personally all of the neighbors around her do She stated that there has she doesn neverbeen a problem with dogs in the area until recently when sJessica dogs came to the neighborhood She cited concerns with extensive odor and excessive noise She indicated that the odor and barking interferes with social occasions and relayed that the current situation is unbearable Ms Withers relayed comments she has received from other neighbors She expressed hope that the situation can be resolved She stated that the neighborhood has never had these types of problems in 33 yeazs 20Robert Batt said that he does yazd work at his home and relayed problems with odor 11 19 coming from the s applicant property He expressed his personal opinion that the yards are not of adequate size in his neighborhood to support four animals 00 Pamela Dazby said that she lives 13 19 across the street from the applicant and formerly lived Smith home She cited problems with the s in Ms s neighbor dogs when she lived at that property She said that she and her children visit with Ms s Smith dogs and have never experienced a problem She observed that there are other dogs in the neighborhood that do bark Ms Dazby said she believes Ms Smith should be approved for her Hobby Permit as she has a great understanding of animals and takes good care of them 58 Mr Smith said that the main complainant is following a double standard because the 16 19 two boxers she owns also bark 05Ms Batt clarified that she only owns one dog and it is scared to go outside because of 19 Ms s Smith animals 27 Mr Pratt inquired whether the dogs are currently licensed and whether individuals 19 who seek licenses are provided with ordinances related to animals 56Ms Smith confirmed that all four dogs are currently licensed with Taylorsville 19 Mr McGrath said that is not the way the process should work with Animal Control He affirmed that when a conditional use permit is issued it is reviewable upon legitimate complaint 50Ms Bazbour said that she is an animal lover but is concerned about the odor related to 22 19 four dogs She stated that she is torn over this situation 36Chairman Rechtenbach stated that he has some personal biases and does not believe a 23 19 residential home should be allowed to have four large dogs He said that denying the permit will limit the dogs to two but may not alleviate the odor or the bazking He suggested that the matter be remanded back to the Planning Commission so that they may be provided additional documentation and input from the neighbors Taylorsville City Council Minutes July 2Q 2011 Page 7 36 Council Member Pratt said he believes the Planning Commission 26 19 s decision would probably be the same even with any additional documentation provided He agreed with either s initial decision or remanding the matter back to the upholding the Planning Commission Planning Commission 23 Council Member Barbour said she believes the matter is just being prolonged 28 19 Chairman reiterated the s Council choice to uphold the Planning Commission decision remand it back to them or have the Council hear an appeal Council Members Barbour and Pratt voted to s decision Chairman Rechtenbach reported that the Council uphold the Planning Commission has voted by a one to two vote to uphold the Planning Commission s decision to deny the application for an Animal Hobby Permit Chairman Rechtenbach asked Mr McGrath to meet outside the Council Chambers and discuss future options with the applicant 3 5 Discussion Regarding the Proposed Land Development Code Mark McGrath 52During the brief absence of Community Development Director Mark McGrath Interim 33 19 Economic Development Director Donald Adams presented Chapters 4 5 and 6 of the Proposed Land Development Code 03Mr Adams outlined Chapter 4 which contains the definitions and brief descriptions of 32 19 the new zoning districts He noted that these are substantially different from the current code are more inclusive and allow for greater flexibility in carrying out economic development goals He summarized by relaying that the single family residential districts parallel existing densities closely but noted that some different multi family districts have been created 59Mr Adams observed that commercial districts are now more broad 32 19 based and more azea in the new code specific 21 Chairman Rechtenbach cited some 33 19 overlap on the table outlining districts and Mr Adams gave clarification on differences between districts Mr Adams agreed to provide definitions for all districts 56Mr Adams gave explanation on agricultural 34 19 typedesignations He noted that agricultural zones aze covered within the family single zones and not in Chapter 4 59Mr Adams cited locations and boundaries of the districts that now correlate with the 1935 General Plan He noted that a new transit corridor district has been added to allow for mass transit Taylorsville City Council Minutes July 2Q 201 Page 8 27Council Member Pratt inquired why agricultural designations end at 5000 South and 36 19 Mr Adams cited the regional commercial zone and office environment that begins further south He noted homes in the area that will most likely not develop as commercial 39Mr Adams confirmed that there is potential for historic preservation overlay in all 37 19 zones He that there is a chapter specific to historic preservation in the new code relayed 45 Chairman Rechtenbach inquired about the applicability of zoning districts on Page 4 38 19 and noted that Sections D and E seem very similaz Mr Adams gave explanation on differences between the Limited Commercial District and the Neighborhood Commercial District He cited the need to make a gentle transition in commercial azeas 26Chairman Rechtenbach cited a typographical area in Paragraph E He also noted a 41 19 sentence on Page 6 that needs to be crossed out Mr Adams agreed to make the corrections 01Mr Adams outlined differences between a Research and Development District and an 43 19 Industrial District 33Mr McGrath suggested moving the Introductory Section 11 to the beginning of 44 19 Chapter 4 He affirmed that the districts without definitions will be defined as well 48 Mr McGrath reviewed Chapter 5 which allows for amendments to the Development 46 19 Code and the Zoning Map and describes the process for doing so He noted that the processes outlined in this chapter correlate directly with State Code Mr McGrath noted one primary difference to the current process He cited the ability in the current code to place zoning conditions and explained that the proposed code is a little more general when it states that the City Council may adopt or amend any regulation of or within the zoning district He suggested that the Council may want to consider retaining the more specific language as found in the current code 54Council Member Barbour said she feels strongly that the specific language in regard to 48 19 zoning conditions should be retained and Mr McGrath agreed that is probably a good idea The consensus of the Council was to leave in the current more specific language regarding conditions 28 Chairman Rechtenbach inquired about Paragraph A under Amendments to the Zoning 50 19 Map Mr McGrath noted that the language therein may be antiquated as the City Recorder now has access to all City Records through GIS Systems etc He agreed to update the language after checking state law Taylorsville City Council Minutes July 2Q 2011 Page 9 04Chairman Rechtenbach referenced Paragraph B and questioned whether corrections 53 19 made by the Director to the Zoning Map also need to come before the City Council Mr McGrath indicated this language is only addressing small technical drafting errors that need to be corrected to match the intent of amendments already made by the Council Mr Adams gave additional explanation Chairman Rechtenbach said that if there is any correction made it should always come back before the Council It was agreed to make that change to the language for any corrections to zoning maps to come back to the City Council 29 Mr McGrath reviewed Chapter 6 which is very similaz to Chapter 56 19 except it deals with the General Plan as opposed to zoning ordinances and zoning maps He indicated that this chapter identifies processes that are based on the s State enabling laws 57Mr McGrath noted that this chapter states that the General Plan is an advisory 19 document and specifically states that all public uses must conform to the current General Plan He relayed that the chapter also provides language regarding the dedication of land for roads and parks in order to be consistent with current laws concerning property exactions 35 Council Member Barbour inquired whether there is an official City trails map that ties 58 19 in with County trails Mr McGrath relayed that there is a map in the General Plan that needs to be updated soon 25Chairman Rechtenbach cited Paragraph J on page 1 and asked for the definition of an 59 19 affected entity Mr McGrath noted that this is language taken directly from the State Code City Attorney John Brems said that this is a defined term and cited examples e i Taylorsville Bennion Improvement District School District Mosquito Abatement Districts etc 6 FINANCIAL MATTERS 1 6 21Accepting a Grant from the S Resolution No 11 U Department of Justice Programs in the Amount of 541 988 for Police Software and Equipment Update Chief Del Craig 23Assistant Chief Wayne Dial 01 20 presented the resolution to accept a JAG Grant from the U Government for law enforcement equipment He noted that a portion of the grant will be S atime record He relayed used to purchase a software program called Telestaff which is keeping that the software will help cut down on administrative time and will feed into the payroll system He noted that the remainder of the grant will be used to purchase apolice cruiser to update the fleet Chief Dial indicated that the grant is not enough to outfit the cruiser and additional funds will be needed from the budget to do so Taylorsville City Council Minutes July 20 2011 Page 10 32Council Member Pratt inquired whether ongoing maintenance of the new software 02 20 program will be required each yeaz Chief Dial said that ongoing maintenance will be required but he is unsure of the amount for such Council Member Pratt noted the need to budget for the annual maintenance Chief Dial indicated that the maintenance amount will be minimal 18Council Member Morris Pratt MOVED to adopt Resolution 11 03 20 21 Accepting a Grant U Department of Justice Programs in the Amount of 41 from the S 988 for Police Softwaze and Equipment Update Council Member Dama Barbour SECONDED the motion Chairman Rechtenbach called for discussion on the motion There being none he called for a roll call vote The vote was as followsyes Catlin Pratt excused Barbour yes and yes Rechtenbach Johnson excused All City Council members present voted in favor and the motion passed unanimously OTHER MATTERS 59There were no other matters 03 20 8 NEW ITEMS FOR SUBSEQUENT CONSIDERATION No Action 03There were no new items for subsequent consideration 04 20 9 NOTICE OF FUTURE PUBLIC MEETINGS NEXT MEETING 04 08 20 1 9 RDA Meeting Wednesday July 20 2011 0 7 0 m p 2 9 City Council Briefing Session Wednesday August 3 2011 060m p 3 9 City Council Meeting Wednesday August 3 2011 6 3 0 m p 4 9 City Council Work Session Wednesday August 10 2011 0 6 0m p 5 9 City Council Briefing Session Wednesday August 17 2011 0 6 0 p m 6 9 City Council Meeting Wednesday August 17 2011 3 6 0m p 10 CALENDAR OF UPCOMING EVENTS 10 Community Yard Sale Saturday August 27 2011 080m a to 0 1 0m p Hosted by the Taylorsville Youth Council reserve your spot today Spaces are 35 for a parking spot size area Contact Jessica at 5400 963or 801 a eov isprineer t aylorsvilleut for more information 11 ADJOURNMENT 14 Council Member Morris Pratt MOVED to adjourn the City Council Meeting 05 20 Council Member Dama Barbour SECONDED the motion Chairman Rechtenbach called for discussion Taylorsville City Council Minutes July 20 2011 Page 11 There being none he called for a vote The vote was as follows yes excused Pratt Catlin yes yes Barbour excused All City Council members voted in Rechtenbach and Johnson favor and the motion passed unanimously The meeting was adjourned at 0 8 5 m p Cheryl Pe ck Cottle City Recorder Minutes approved CC 08 11 17 Minutes Prepared by Cheryl Peacxk Cottle City Recorder