City Council

Taylorsville City Council Work Session Minutes September 14 2011 Page 1 City of Taylorsville Work Session Minutes Wednesday September 14 2011 Council Chambers 2600 West Taylorsville Blvd Room No 140 Taylorsville Utah 84129 Attendance Mayor Russ Wall Council Members City Staff Chairman Jerry Rechtenbach John Inch Morgan City Administrator Chairman Vice Larry Johnson John Brems City Attorney Council Member Dama Barbour 1 Peacock Cottle City Recorder Chery Council Member Morris Pratt Jessica Springer Council Coordinator Del Craig Chief of Police Mark McGrath Community Development Director John Taylor City Engineer Scott Harrington Chief of Finance Donald Adams Economic Development Director Patrick Tomasino Building Official Tracy Wyant Police Sergeant Scott McMahon Code Enforcement Officer Jean Ashby Admin Asst to Economic Dev Excused Council Member Bud Catlin Others Israel Grossman Kristie Overson Ernest Burgess Jim Dunnigan John Gidney Donna Drecksel Dave Ballou Daryl Gudmundson Taylorsville City Council Work Session Minutes September 14 2011 Page 2 Chairman Jerry Rechtenbach called the Work Session to order at 0 6 1m pand welcomed those in attendance City Recorder Cheryl Peacock Cottle conducted a Roll Call wherein all Council Members were present 1 Discussion Regarding Fireworks Jim Dunnigan Jay Ziolkowski 02 50 Chairman Rechtenbach expressed concern over the new Fireworks Law and how it 18 affects homeowners in Taylorsville 20 Representative Jim Dunnigan explained that the new law came about after a meeting 03 18 with the County Fire Chief regarding the possibility of changing the law after contemplation it was decided that there are many of the larger fireworks that Utah does not want the public to use Representative Dunnigan noted that the only firework that was deemed of lesser risk was the Aerial Repeater which is designed to lose all heat before it hits the ground Representative Dunnigan also confirmed that bottle rockets are still illegal in Utah however the majority of fires and injuries this firework season were from illegal bottle rockets He stated that bottle rockets cannot be purchased in Utah so people go to nearby states for purchase 08 03 Council Member Barbour stated concern over the long time period that fireworks are 18 allowed to be used She cited issues with noise and nuisance Representative Dunnigan sc acknowledged that the new law states that fireworks may be set off from July 1 through July 27 which is three days before the first holiday and three days after the second holiday He said that most stands in Taylorsville close down during the two weeks between these holidays 31 Chairman Rechtenbach asked whether the goal of the bill to capture revenue going to 10 18 nearby states is being seen in reality Representative Dunnigan answered that additional revenue is definitely being seen all over the state for the Aerial Repeaters that aze now allowed by law 18 12 29 Council Member Johnson questioned Chief Del Craig about the number of tickets that were given out for fireworks during the fireworks season Chief Craig relayed that the number of calls has doubled Chief Craig stated he didn t currently have exact numbers on tickets and fines that were generated but agreed to get that information to Council Member Johnson 48 Chairman Rechtenbach expressed concern over an increase this year in seemingly 16 18 more high powered fireworks Representative Dunnigan answered that legislation is currently being drafted to introduce proposed changes to the time of day when fireworks can be discharged He explained that this was not included originally because the State wanted to leave it up to local governments however it has now been decided that this should be uniform throughout the State Taylorsville City Council Work Session Minutes September 14 2011 Page 3 27Representative Dunnigan pointed out that local government is not allowed to restrict 18 the types of fireworks that can be sold as that is determined at the state level He explained that the local government can impose certain restrictions through its noise ordinance 51 Council Member Johnson referred to Taylorsville Dayzz and the fact that it is 19 18 becoming so large He questioned whether there is enough manpower in place to handle the increase Representative Dunnigan expressed his appreciation of the question and stated that efforts are being made in several areas to increase manpower for the event He confirmed that the City and the Taylorsville Dayzz Committee would like to keep Taylorsville Dayzz afamily friendly event 20Council Member Pratt asked about changing expiration dates for leave time of officers 22 18 so that they are not pressed to use leave time or lose it during Taylorsville Dayzz City Administrator John Inch Morgan responded that this is something that the City is looking into as well as various other options to increase police presence at the event Council Member Pratt pointed out that if Taylorsville Dayzz is now a 401c3 the officers should be able to be paid out of the Taylorsville Dayzz event budget Mr Morgan answered that this is one of the areas the City is investigating 13 Representative Dunnigan explained that Taylorsville Dayzz is largely funded by the 25 18 City however there has been an increase in sponsors which helps to offset City costs along with revenue from booth rentals 25 Council Member Barbour stated that it is her belief that no matter what happens there 26 18 will be people who purchase illegal fireworks She suggested that this is still something that the City needs to monitor 2 Discussion Regarding the Proposed Ordinance 11 13 Abatement of Weeds Garbage and Refuse Public Nuisances and Illegal Objects and Structures John Inch Morgan 09City Administrator John Inch Morgan explained that he would like to handle this 27 18 agenda item in three parts beginning with Code s Enforcement presentation of the largest areas of concern in the City Code Enforcement Officer Scott McMahon addressed the Council regarding vacant homes in Taylorsville Office McMahon explained that the problem Code Enforcement is having is keeping vacant homes in compliance He noted that most of the properties have been taken by the bank and the previous owners are under the impression that they do not have to maintain the property since they were basically evicted He relayed that the banks are not taking responsibility because they don t have legal ownership Taylorsville City Council Work Session Minutes September 14 2011 Page 4 Officer McMahon presented pictures of some ofthe worst vacant lot offenders in Taylorsville 02 Chairman Rechtenbach expressed concern regarding the process for getting people to 37 18 comply before the City takes action and incurs the expense of cleaning up the property 17 Council Member Barbour asked about the 15 38 18 000 fine and whether these large fines are ever paid 49 Council Member Johnson referenced bench warrants as a means of collecting on fines 39 18 City Attorney John Brems responded that the City has problems getting speeders and other offenders to pay fines let alone collecting for weed abatement 00 Council Member Bazbour questioned the fiming involved and referenced criminal 42 18 events that sometimes take years to process Sergeant Tracy Wyant clarified that the City used to do this through a criminal process but has now simplified the process by hiring an Administrative Law Judge 39 City Attorney John Brems stated that the bottom line is that there is no great way to 42 18 solve some of these property neglect issues He outlined four ways that nuisances are pursued 1 City cleans up the process which is the ordinance before the council this evening this is an amended ordinance because the Legislature changed the law in 2011 2 Address nuisances through a criminal process which is what the City used to do and it didn t seem to work very well 3 Process through the s City Administrative Law Judge ALJ an administrative proceeding where the homeowner is fined but the fine doesn tnecessarily have the same clout as a judgment since it is purely administrative and 4 Pursue Civil Action which can turn into a judgment Council Member Johnson asked about wage garnishments and whether that is an option Mr Brems stated that it is possible as with any debt however it takes time to get to that step 04 Chairman Rechtenbach asked for clazification on whether one action taken nullifies 46 18 future action with regards to garnishments and liens Mr Brems explained that if ajudgment is obtained and properly docketed it becomes a lien on the real property He said that the City can also pursue collection of the judgment through other means e i garnishment taking bank accounts etc 47 John Brems confirmed that the civil process can eventually lead to demolition of the 46 18 offending house Chairman Rechtenbach inquired where the funds come from to pay for a house demolition Mayor Wall relayed that the funds for the recent demolition came out of community clean funds He cited a need for discussion on this issue because the City cannot continue to up pull from funds that are not available He said the City also cannot continue to do nothing Taylorsville City Council Work Session Minutes September 14 2011 Page because doing nothing kills neighborhoods He noted that residents are expecting the City to deal with these issues The Mayor observed that the examples being shown tonight aze extreme cases and are not typical He stated that the process in place under the Administrative Law Judge has been working the majority ofthe time 04 Council Members continued to discuss the various options available to the City and the 51 18 best options for collecting from the worst cases 07 City Attorney John Brems outlined Ordinance No 11 53 18 13 the changes from the previous ordinance and how these changes will affect Taylorsville and the current Code Enforcement process Mr Brems explained that the proposed ordinance enacts the provisions under the new law that was passed in 2011 prior to the new law the process was that the City cleaned up the property the property owner was then given notice to pay if payment was not received then it was escalated to the County the County held a hearing to determine if the amount owed is the proper amount and eventually the amount was put on the owner sproperty taxes He clarified that the new process means the City cleans up the property the property owner is given notice the City holds the hearing regarding the amount due the County is notified and it becomes a lien on the real property He acknowledged that the new law is basically just putting in place the hearing that must take place in the City under the old law it took place in the County He said that it also allows potential for a property lien versus a property tax increase 30 John Brems asked for direction regarding Ordinance 11 55 18 13 and how the Council would like Administration to proceed Council Member Pratt asked about the definition of noxious weeds Mr Brems explained that the State statute doesn tdefine noxious weeds so Code Enforcement has been using the State agricultural definition for enforcement Mr Brems stated that the definition of noxious weeds can always be added into this ordinance 44 City Administrator John Inch Morgan suggested that in a future meeting there be 01 19 further discussion regazding how the City funds the upkeep on neglected properties Chairman Rechtenbach agreed that this issomething that needs to be addressed so that Administration and the Council have the same philosophy 28 Mayor Wall pointed out that the results the City is seeing with its two Code 05 19 Enforcement officers are tremendous the City has fewer problem areas now than it did previously because of the phenomenal job the Code Enforcement Department is currently doing He noted that the examples cited tonight are extreme cases only 39 Council Member Barbour agreed that the Code Enforcement officers are making a 06 19 difference in the City Taylorsville City Council Work Session Minutes September 14 2011 Page 6 05 Council Member Johnson reiterated that the City should only be using the demolition 07 19 of houses as an absolute last option 3 Discussion Regarding Chapter 11 of the Proposed Land Development Code Mark McGrath 08 Community Development Director Mark McGrath called for discussion regarding 19 guest houses in Taylorsville 30 Council Member Barbour expressed concern that adopting Chapter 11 means that any 11 19 15 could become an 15 R1 R2 which means that there could be two living units on every R1 15 lot Chairman Rechtenbach responded that the ordinance allows either a guest house an accessory apartment or an extended living structure the property owner could not have all of the above He made clarification regarding separate buildings sepazate families and density issues 45 Council Member Pratt stated that the limitation needs to be in the size of the guest 16 19 house in relation to the house He suggested that the guest house should be in proportion to the primary home Chairman Rechtenbach agreed that limiting the size would limit the intensity 37 Council Member Barbour expressed concern about limiting the size in relation to the 18 19 main house and said that this could still allow a large guest house Council Member Pratt answered that it may be too large for a guest house but an accessory apartment in a basement would be the same size as the footprint of the house 29 Mazk McGrath suggested postponing Section Two 20 19 Accessory Structures because in review there are some revisions that need to be made with regards to redundant language 30 Council Member Pratt and Chairman Rechtenbach asked for clarification on possible 21 19 issues identified in Section Two that Mr McGrath could look at as revisions are done on this chapter 50 Chairman Rechtenbach clarified that the pages regarding chicken coops could be 25 19 deleted and that section could reference the current City animal ordinance with regard to chickens 36 Council Member Johnson asked fox clarification regarding kennels and outdoor animal 27 19 structures and whether kennels refer to multiple dogs Economic Development Director Donald Adams clarified that this is in reference to a dog run with a dog house and not a commercial kennel Taylorsville City Counci Work Session Minutes September 14 2011 Page 7 26 Mr McGrath referenced the section on Home Occupations 29 19 stating that very little has been changed 20 Council Member Pratt questioned whether a tow truck driver who brings a tow truck 30 19 home is considered to be running a business out of his home Mr McGrath answered that there are stipulations on the size of the vehicle and where the truck can be pazked if it is associated with a business 36 Chairman Rechtenbach asked about Section Five regarding manufactured homes and 31 19 called for clarification as to why two car garages are required if they aze not required on single family homes Mr McGrath answered that single family homes are actually now also being required to have a two car garage He explained that the intent of this requirement is to keep neighborhoods clean and orderly 16 Council Member Pratt asked about the Habitat for Humanity Home and whether it will 35 19 be required to have a two car garage Chairman Rechtenbach answered that following discussion with neighbors of the home it will have a two car garage 12 36 19 Mr McGrath explained that the City is allowed to limit Habitat for Humanity type facilities within a certain radius however Fair Housing has questioned this practice He relayed that the State does let the City decide the limitations of placing the facilities however currently no City has legislated this because ofthe legal questions doing so could cause He said Taylorsville has not addressed radius limitations in the current code because of how questionable it is and the potential for lawsuits if limitations are included 29 Mark McGrath stated that this azea of the code has very few changes as there was a 39 19 study done years ago that found that Taylorsville is in close compliance with the State Fair Housing Act 31 Council Member Johnson asked about a section previously reviewed Home 40 19 Occupation and the possibility of including a miscellaneous category in case the current list tinclude something that comes up in the future Mr McGrath agreed to make that doesn change 28 Chairman Rechtenbach then asked about page 24 section 8 regarding half 42 19 pipe ramps in residential districts and the large amount of detail that is included He inquired why this didn t fall under building permits Mr McGrath stated that there has been some problem with this in Taylorsville He noted that Sandy City has also has some issues with this and found it helpful for the section to be large and detailed Mr Adams added that it is now more restrictive and is based on the history found in surrounding communities Taylorsville City Council Work Session Minutes September 14 2011 Page 8 06 Council Member Johnson asked about private swimming pools and the size restrictions 45 19 with regards to openings in surrounding fences and gates Mark McGrath stated that this size restriction will be changed 48 Council Member Barbour inquired about the distance requirement for Bed and 19 Breakfast facilities and if the requirements are the same in a historical district Mr McGrath stated that there can be an exception built in for a historic district Council Member Bazbour asked if running a Bed and Breakfast is in compliance with the current ordinance and whether they should be allowed Mr McGrath stated that the restrictions are based on impact to the neighborhood and there has never been an issue in Taylorsville 01 Chairman Rechtenbach asked about Charter Schools and which category they would 55 19 fall under John Brems stated that it is a good idea to add Charter Schools to this definition 39 Council Member Pratt referenced Farmers Markets and the size requirements 56 19 specifically relating to the Garden Club He noted that based on this restriction the Garden Club space is larger than the requirement He suggested making this size requirement larger Mr Adams agreed and stated that more research will be done so this doesn t end up preventing Community Gardens from being able to hold Farmers Markets 25 Council Member Johnson asked about the section on roadside vendors 02 20 stands and the regulations regarding food stands He asked how long they can be at acertain location before reapplying Council Member Johnson stated concern about the potential for food vendors to become a nuisance if set up for a long period of time Mr Adams stated that this issue is further addressed in an upcoming section 10 Chairman Rechtenbach asked about parking for church facilities in regazd to street 06 20 parking restrictions Council Member Barbour noted that most churches in Taylorsville do not currently have enough parking Mr McGrath responded that the street parking stipulation is mostly intended to help the impact of cars in neighborhoods He agreed that this is something that is necessary for churches so the sentence will be removed Council Member Pratt mentioned that safety issues can still be addressed without the curbs being striped 58 Council Member Johnson asked about 07 20 garage sales and how many are allowed at each residence per year Mr McGrath stated that this requirement is being changed to two garage sales allowed per year at each residence 56 Chairman Rechtenbach asked about street vendors and what qualifies as a street 10 20 vendor He stated that he believes the language is a bit nebulous John Inch Morgan answered that this is covered by permissions that are needed by business owners who own the parking lots in question Taylorsville City Council Work Session Minutes September 14 2011 Page 9 32 Council Member Johnson asked if there is anything in place to protect established 12 20 paying from competing with street vendors Mark McGrath answered property tax businesses that there are distance restrictions in place 15 Council Member Johnson asked whether nearby residents have a voice in deciding 13 20 whether a food stand will be allowed near their homes Mark McGrath answered that public input is welcome and citizens can always express their concerns Council Member Pratt suggested a separation standard for residential properties and street vendors Mr McGrath responded that a standard of 200 feet would be added into the language 53 Chairman Rechtenbach addressed Mobile Businesses and how the cleanliness of the 16 20 area applies to a catering truck Mr McGrath said that this speaks to garbage cans being available for people to dispose of trash generated from the business Council Member Johnson asked about the catering truck that used to be in front of Furniture Warehouse and the fact that it t truly mobile He questioned whether that is in fact allowed Mr McGrath answered that wasn they were not in compliance and were actually ticketed 52 The Council and Administration discussed additional questions regarding language 21 20 and redundancy in the current chapter Mr McGrath addressed each issue and assured the Council that the appropriate changes would be made 16 Chairman Rechtenbach called for further discussion on this section and there was 30 20 none 36 City Recorder Cheryl Cottle reminded the Council about the Board of Canvassers 30 20 Meeting scheduled for Tuesday September 20 2011 at 0 6 0m p in the City Council Chambers She stated that the purpose of the meeting is to certify election results 4 Adjournment Council Member Dama Barbour MOVED to adjourn the City Council Work Session Council Member Morris Pratt SECONDED the motion Chairman Rechtenbach called for discussion There being none he called for a vote The vote was as follows Catlin Barbour excused yes yes Johnson Rechtenbach yes and Pratt yes All City Council members voted in favor and the otion nl passed imously ugai Theneeting was adjourned at 3 8 1m p City Recorder Minutes approved CC 11 02 Minutes Prepared by Jessica Springer Deputy Recorder Cheryl Peacock Col le City Recorder