Motion as recorded
passed with a unanimous vote.
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmember Clark moved to approve the consent agenda with changes to item 9.A. as amended. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. City Attorney Jeremy Cook noted that Municipal Code prohibits electric vehicles on City trails and the standards need to be updated to permit the electric scooters and similar vehicles, if desired. SCHEDULED ITEMS 13. ORDINANCE/PUBLIC HEARING 13.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapters 2.07 Municipal Buildings, 5.05 Business Licenses, 6.05 Animal Control, 7.05 Parks, Trails, and Special Events, 8.05 Solid Waste Management, 8.07 Nuisance Abatement, 10.10 Parking, 17.05 General Provisions, and 17.80 Sign Regulations and Sign Permits. This item was discussed after item 13.A. Items 13.A. and 15.A. were presented and discussed concurrently. Ms. Kofoed explained that the proposed consolidated fee schedule (CFS) has been reorganized to group like fees together to provide a better document for the public to view the City’s fees, and she presented the following: CFS 1.3 – Digital Media Removal of the Electronic Copy of Minutes of Meetings fee, as all minutes are currently available on the City’s website. CFS 1.7 – City Hall Use and EMMC 2.07 Municipal Buildings The proposal removes the entire section from the CFS as the City’s policy is to not rent the Council Chambers for non-City sponsored events. The associated amendment to EMMC 2.07 Municipal Buildings adds the prioritization of authorized uses of the Council Chambers, as listed in the City's building use policy. CFS 4.4 – Library, Damaged or Broken Items The proposal removes all fees associated with LaunchPads as the Library no longer has these. Additions to this section include fees for damaged items the Library checks out to patrons. CFS 6.1 – Animal Control Fees The current CFS includes an additional $1.00 administration fee to process dog license applications. Currently, residents bring dog license applications with a check written out to North Utah Valley Animal Shelter (NUVAS) to the front desk. The front desk staff then mail the check and application directly to the animal shelter. As the City is not processing any payments, they do not collect the $1.00 administration fee. Ms. Kofoed confirmed that the City processes few enough dog licenses that it does not pose a financial burden to the City. Councilmembers Curtis and Clark advocated for removing the fee. Ms. Kofoed said the amendments to EMMC 6.05.480 Licenses Generally include the following: a change from “City” to “County” regarding the entity issuing dog licenses; removing language regarding late fees, as there are not currently late fees imposed by the NUVAS; and removing language regarding a 24-month license, as NUVAS determines the options for license terms. CFS 7.1 – Business Licenses, License Fees A proposed change is to include an inspection fee of $50, rather than a single line for home- based businesses with inspections, as some commercial businesses also require inspections. Another change is to replace the set fee for background checks to, “Actual Cost to the City.” The current cost of a background check is $7.48. EMMC 5.05.050 Fee Payments - Delinquency Payments includes a business violation fee of $100, which has been added to the proposed CFS. An amendment to EMMC 5.05.050 corrects the late renewal timeframe; currently, the code lists both a 25% penalty and a 100% penalty for a renewal that is 45 days late. The 100% penalty should be for a renewal that is 75 days late. This late fee has also been added to the CFS. Councilmember Curtis asked if the cost of the background check could be clarified. Ms. Kofoed stated the cost of a background check for business licensing fluctuates and the application includes the current price. Mr. Cook recommended the $100 business license violation penalty be amended to “charged per violation”. Ms. Kofoed stated that frequent violation issues include screening requirement noncompliance and parking violations for business trailers and materials. Councilmember Curtis suggested issuing a $100 fee per day of noncompliance after notification, and Councilmember Clark advocated for issuing warnings prior to fines using a method similar to the City’s policies for sign violations. Discussion ensued regarding the preferred methods and mechanisms for Municipal Code enforcement, citations, and fines to address cases of repeat infractions. Ms. Kofoed explained this amendment incorporates current Municipal Code and the City Council can review the standards and make recommendations to amend the fine issuing process and associated chapters in the consolidated fee schedule. 8.2 – Sign Permits, Ladder Sign Lease Fees The proposal removes all fees listed in this section of the CFS. The Eagle Mountain Chamber of Commerce manages the ladder sign leases and pays the City a concession fee of 5% of the annual net income to the Chamber from the use of the signs. The sign management agreement with the Chamber does not set pricing for the signs. 9.1 – Ordinance Enforcement Fines, Sign Violations Ms. Kofoed stated the recommendation from Mr. Cook to update subsequent sign violation fee to $100/day was not included in the packet. Municipal Code may need to be updated to fully implement these changes. Mr. Cook stated the desire is to have the fines be significant enough to encourage compliance. Councilmember Clark recommended charging a fine per sign, per day, especially due to safety issues and resident complaints; Councilmember Curtis and Mr. Cook concurred. Mr. Cook explained some violations will be addressed with an administrative citation in the form of a ticket that can be paid or appealed to the Administrative Law Judge. In other situations, a notice of violation will be given informing individuals regarding infractions in need of rectification within a certain period or a fine will be issued. Signs placed on public property without permission are a form of trespassing and can be immediately removed. Discussion ensued regarding concerns with blatant signage violations in the City causing safety issues and generating citizen complaints. Mr. Mumford stated staff will review Municipal Code standards and prepare an amendment to address the concerns indicated by the Council. Ms. Kofoed said the proposed amendment to EMMC 17.80.150 Sign Enforcement is included to add the following language regarding fines for violations: “K. Fines. The penalties associated with violations of this chapter shall be consistent with the consolidated fee schedule as adopted by the city council.” 9.2 – Ordinance Enforcement Fines, Parking Violations The proposed change to parking violation fines was not included in the packet. Mr. Cook’s recommended fine is $20 per violation, with a note that all fines are final after the time for appeal has run or after a decision on appeal. Any final fines not paid within fourteen days shall increase to $50, and any final fines not paid within 28 days shall increase to $100. EMMC 10.10 is broken into three articles: Article I – General Restrictions; Article II – Winter Restrictions; and Article III – Commercial, Recreational and Agricultural Vehicles. Only Article II includes language regarding fines: Violations are subject to fines according to the consolidated fee schedule as adopted by the city council. The proposed code amendment adds language regarding fines to Articles I and III. Mr. Cook confirmed that Code Enforcement can issue a warning prior to a fine when determined appropriate even if warnings are not specified in the fee schedule. The purpose of the fines is to bring residents into compliance, not generate money for the City. The best way to encourage residents to pay the fees is to have the fee amount increase if not paid. Also, lower amounts are more difficult to submit to collection agencies. 9.4 – Ordinance Enforcement Fines, Illegal Dumping The proposed change to the CFS is to increase the first violation fine to $250 plus the cost to remove any illegally dumped materials, and the second any subsequent violation fine to $1,000 plus removal costs. The proposed amendment to the related section of Municipal Code, EMMC 8.05.060 Prohibited Acts, removes a duplicate line but does not change the content of the section. 9.5 – Ordinance Enforcement Fines, Accumulation of Construction Debris, Mud, etc. on City Streets; 9.6 – Ordinance Enforcement Fines, Weeds and Other Refuse Violations; and 9.7 – Ordinance Enforcement Fines, Junk Violations These three sections of the CFS have been amended to align with the timelines included in EMMC 8.07 Nuisance Abatement. The proposed amendments to 8.07.020 Weeds and Other Refuse, 8.07.030 Junk, and 8.07.040 Construction Trash or Debris add the language regarding civil penalties from EMMC 4.15 Administrative and Judicial Remedies. 9.8 - Ordinance Enforcement Fines, Other Violations, Not Otherwise Specified This proposed addition allows the City's Administrative Law Judge to impose fines that are not specified in Municipal Code for ordinance violations. The proposed amendment to EMMC 17.05 General Provisions refers back to this section of the CFS. 9.9 - Ordinance Enforcement Fines, Administrative Citations This proposed addition allows the City's Administrative Law Judge to impose administrative citation fines for ordinance violations, as described in EMMC 4.10 Administrative Code Enforcement Procedures. Administrative citations permit the Administrative Law Judge to issue citations not specified in Municipal Code. Mr. Cook recommended amended language to include administrative citations fines for ordinance violations “that are not otherwise designated.” Mr. Mumford explained the Administrative Law Judge has the latitude, within established parameters, to adjust the fine amount on the tickets issued by the Code Enforcement Officers for egregious or repeat violations. 10.7 – Community Development, Other Subdivision Development Fees One proposed amendment adds the Streetlight Fee to the CFS. This is currently charged to developers before recordation of a plat and is based on the actual cost Black and McDonald charges the City for streetlight installation. The other amendment in this section is to note that CWP water rates are charged based upon the CWP contract. 12 – Public Utility Connections The proposed changes to 12.1 Water Meter Connection Fees and 12.2 Sewer Connection Fees remove references to Impact Fees. Staff proposes to include all current Impact Fees as an appendix to the CFS. 13.3 Building Department, Plan Review Fees The proposed amendment corrects the cost the Building Department charges for re-checking plans. 16.3 Sewer Rates, Sewer Rate and Fee – West Service Area The proposed change removes the Impact Fee from the CFS, to be included in the Impact Fee Appendix. 19.1 Parks, Park Use Deposit The proposed change includes language from EMMC 7.05 Parks, Trails, and Special Events regarding the basis for determining the park use deposit amount. An amendment to EMMC 7.05 removes "fire," as the City no longer operates its own fire department. 21.1 Special Events, Event Fees The proposed changes update the Utah County Sheriff’s Office fees to the current contract prices. It also adds the event deposit, which is based on EMMC 12.30 Public Assemblies. Mayor Westmoreland opened the public hearing at 8:36 p.m. No comments were submitted to the City Recorder’s Office and no public was in attendance to make comment. As there were no comments, Mayor Westmoreland closed the hearing.