City Council

Minutes of the Millcreek City Council July 13, 2020 5:00 p.m. Work Meeting 7:00 p.m. Regular Meeting The City Council of Millcreek, Utah, met in a public work meeting and regular meeting on July 13, 2020 at City Hall, located at 3330 S. 1300 E., Millcreek, UT 84106. The meeting was conducted electronically per Millcreek State of Local Emergency Directive No. 2 of 2020 and live streamed via the City's website with an option for online public comment. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney Silvia Catten, District 1 Elyse Sullivan, City Recorder Dwight Marchant, District 2 Rita Lund, Communications Director Cheri Jackson, District 3 Laurie Johnson, HR-Finance Director Bev Uipi, District 4 Francis Lilly, Planning and Zoning Director Mike Winder, Economic Development Director Kurt Hansen, Legislative Policy Director Jim Hardy, Building Official (electronic) Jared Bowling, IT & Facilities Manager Andrew Clark, Emergency Manager Robert May, Planner Ashley Cleveland, Promise Program Manager Attendees: Alex Daybel, Thom DeSirant, Adalyn Call, Amy Call, Samuel Watkins, Adam Von Maack, Jacob Brace, Dan Mack (electronic), Chief Steve DeBry, and Chief Duane Woolsey. WORK MEETING - 5:00 p.m. TIME COMMENCED: 5:03 p.m. Mayor Silvestrini called the work meeting to order. 1. Discussion of CARES Act Grant; John Brems, City Attorney Mayor Silvestrini said Salt Lake County was distributing money to its cities from the CARES Act from Congress and Millcreek qualified for $1.8 million. The purpose of the funding was to offset COVID-related expenses the City may incur, first responders may incur, and was eligible to stimulate the economy. John Brems said the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming, bipartisan support and signed into law by President Trump on March 27, 2020. The CARES Act created a $2 trillion economic relief package that was allocated into four buckets: assistance for Mfflcreek City Council Meeting Minutes 13 July 2020 Page 2 of 10 American workers and families, assistance for small businesses, preserving jobs for American industry, and assistance for state, local, and tribal goveri'unents. The CARES Act established the $150 billion Coronavirus Relief Fund for states and eligible units of local government, other governrnental agencies, and tribal governments. The CARES Act required that the payments from the Coronavirus Relief Fund only be used to cover expenses that are necessary expenditures incurred due to the public health emergency with respect to COVID-19 (funds may not be used to fill shortfalls in government revenue); were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government; and were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. A unit of local government eligible for receipt of direct payment includes a county, municipality, town, township, village, parish, borough, or other unit of general government below the state level with a population that exceeds 500,000. Eligible local governments that certified in Utah were Salt Lake County, $203,603,981.20, Utah County, $111,630,341.90, and the State, $934,765,676.9. Brems said there was a proposal that Salt Lake County would provide Millcreek with $1,810,016.83 as an indirect recipient of the Coronavirus Relief Fund received by the County pursuant to the terms and conditions of an agreement between the County and Millcreek. Brems then reviewed the agreement. He said paragraph 2 of the agreement provided that funds covcr costs that are necessary expenditures incurred due to the public health emergency with respect to COVID-19 (funds caru'iot be used as a revenue replacement for lower than expected tax or other revenue collections); were not accounted for in the budget most recently approved as of March 27, 2020, for Millcreek; and were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Paragraph 3 of the agreement identifies prohibited uses as: cannot be used as a revenue replacement for lower than expected tax or other revenue collections and cannot be used for Millcreek, or a subgrantee's or subrecipient's, losses or expenses reimbursed under any other federal, state or private program. Millcreek would agree to comply with all anti-discrimination and drug-free workplace laws, and all laws governing research involving human subjects and other federal laws to the extent they apply to the subject matter of this agreement. Funds must be expended on or before October 1, 2020, provided Millcreek may petition the County to retain allocated but unspent grant funds beyond October 1, 2020. Such petitions must be filed in writing with the County no later than September 15, 2020, and may be approved or denied by the County, in the County's sole discretion. Millcreek shall retain documentation of all uses of the grant funds, including but not limited to invoices and/or sales receipts. All payroll expenditures must illustrate compliance with the CARES Act by detailed, daily documentation. Brems said Millcreek shall, each calendar month during the term of the agreement, submit to the County a detailed report and accounting for how the grant funds were spent in the previous calendar month. Millcreek shall, at least monthly, on its website, Facebook page, or other currently existing internet-accessible site used by Millcreek, post only the following infornnation: the amount expended and the purpose. Millcreek shall comply with all applicable federal and state laws and regulations regarding financial reporting and auditing. Millcreek would agree that Millcreek's disbursement was appropriate and waives any right in law or equity to challenge the amount of grant funds Millcreek receives under the agreement. Mayor Silvestrini said there may be a subsequent distribution to local governrnents from the County. He said the disbursement formula was based on population. He said the City's Mfflcreek City Councn Meeting Minutes 13 July 2020 Page 3 of 10 expenses related to technology, staff overtime, and law enforcement overtime. He said the City could spend some money on economy stimulus though staff would run any ideas through the County before engaging in any activity. Council Member Jackson asked about projecting expenses. Brems said the funds must be expended on or before October 1, 2020. Council Member Uipi asked about providing funding for daycare expenses. Brems said it could possibly be an economic reimbursement. Mayor Silvestrini said he was considering setting aside a fixed amount to businesses. Council Member Jackson asked if school districts were eligible for funding. Mike Winder said they were being funding through something other than CARES Act. Council Member Catten asked about funding preschools not funded by the school district. Brems said if they did not get other funding, the City could look into it. 2. Discussion of Short-Term Rental Ordinance; Kurt Hansen, Legislative Policy Director Kurt Hansen said he was seeking Council direction. He said based on resident concerns expressed to code compliance inspectors, staff requested to amend Title 5 Chapter 19. The purpose of the code was to establish regulations and design standards for residential short- teri'n rentals located in single-family and multi-family neighborhoods. Hansen then reviewed the proposed ordinance which included new definitions for "short-term rental" and "primary residence" that would include the use of an affidavit. He went through the required application contents and the maintenance requirements. Council Member Jackson asked about the one day turn around for rentals because she said the usual tumover happened in the same day. Mayor Silvestrini raised concern about the 8 related adults and 4 unrelated adult count requirement. Council Member Uipi said there was no guarantee of car count based on relation for parking concerns. Mayor Silvestrini said the basis for the regulation was to mitigate a burden imposed on the neighborhood for noise and parking. Council Member Uipi said there could be noise regulations at certain times of the night with a rental. Mayor Silvestrini asked about a mechanism for transfornning homes into a hotel or bed and breakfast because that was what he wanted to avoid. Francis Lilly said a bed and breakfast was defined differently in code. Mayor Silvestrini said he wanted the issue to be based on licensing, not zoning. Council Member Uipi asked about a renter renting for 29 days, taking a day off, then renting again. Mayor Silvestrini said that provision proposed in the code would be removed. Council Member Catten asked if a film crew was considered a commercial purpose, which would not be allowed. Hansen said no. Council Member Jackson asked about adding "or designee" to the requirement of the property owner being available within twenty minutes. Hansen said he would add it. Mayor Silvestrini asked about the use of "sales tax" terms. Brems said it would be fixed because it was a special tax. Council Member Jackson suggested limiting the number of licenses per district to 30 instead of the proposed 25. Hansen asked about an implementation date. Council Member Uipi suggested September 1. Hansen asked about the adult occupant count and suggested no more than two adults per room. Mayor Silvestrini said he would rather limit the overall number of people. Council Member Jackson suggested no more than 10 people total or 2 adults per bedroom. Brems suggested a one- or two-year grace period for the primary occupancy requirement. Mayor Silvestrini brought up prior obligations and cornrnitments being in place. Council Member Jackson brought up that because of the pandemic, people were not renting as much. Mayor Silvestrini suggested 1 year. Brems asked about a phased approach. The Council agreed to put some regulations in place immediately to address problems. Millcreek City Council Meeting Minutes 13 July 2020 Page 4 of 10 3. Planning Matters First Reading: a. ZM-20-003, Rezone from R-I-10 to R-1-5 at 4524 S. 785 E.; Robert May, Planner Robert May said the property was located to the south of the not yet constructed Cyprus Credit Union. May said the applicant first applied for a R-1-3 zone that did not gain neighborhood support, so then he went with staff's recommendation of a R-1-5 zone. The applicant did not have a proposed concept plan for development. The neighborhood and community council did not want duplex style housing, but detached single-family dwellings, and low density so as to not create a traffic impact. He said the Council could impose a zone condition to limit the density and use or a development agreement to limit the construction materials and the things the neighborhood was concerned about. May said the community council and Planning Commission had made positive recommendations for approval of the rezone. The traffic study showed that there would not be any detrimental impacts from the development. b. ZM-20-005, Rezone from R-1-6 to R-1-5 at 755 E. 2910 S.; Robert May, Planner Robert May said the property had been on the market for a year and staff had received multiple rezone applications on it. The new zone would allow for smaller lot width requirements. Council Member Marchant pointed out that neighboring lots were small. May said the plan was compatible with the area and staff had received little opposition from the public. The Planning Commission had a few concerns about building materials and driveways that allowed for guest parking. Staff recommended approval of the rezone. He said it was the best proposal staff had seen for the property. Council Member Uipi asked if the 15 development agreement conditions were agreeable for the applicant. May confirmed. Francis Lilly said both of the rezones were the result of multiple years of finessing and commended May for his work in balancing competing interests. Adam Von Maack, attorney for Sancus Development, thanked the Council for considering the proposal. He felt the proposal was a good balance for the neighborhood and solved existing problems. He said the product would be individually owned single-family residences. 4. Staff Reports a. Updated Revenue Report for FY 2019-20; Laurie Johnson, HR-Finance Director Laurie Johnson said in budget amendment #4, staff raised the amount of property tax received but the City had since received an additional$l35,000. She said the collection would be added to the Fiscal Year '20 budget. There would be an added $211,159 into the Unified Police Department (UPD) reserve giving a total balance of $1.8 million going into the next fiscal year. She said the truth in taxation hearing for the FY 2020-21 budget would be on August 10tll. She felt that the current and next fiscal year property tax increases could be under 3%. Johnson said the City had not yet collected sales tax for May and June 2020. The City would need to collect at least $849,503.21. Mayor Silvestrini said comments he had received from the public were in support of the property tax increase. Council Member Jackson asked about Taylorsville pulling out of UPD. Mayor Silvestrini said there would be changes with regional services. He said UPD was looking for more school resource officer funding. Mayor Silvestrini said staff would fornn a new safety committee to address policing issues through the Promise Program. Council Member Marchant pointed out that Millcreek's percentage of the overall property tax increase was minimal. Mincreek City Council Meeting Minutes 13 July 2020 Page 5 of 10 b. Promise Internet Essentials Program; Ashley Cleveland, Promise Program Manager Ashley Cleveland said the Millcreek Promise subcommittees were still meeting through the pandemic. The Economic Wellbeing Subcommittee had reached out to the Granite School District about internet interventions. The District put together data and there were 800 households in Millcreek that needed internet and could qualify for some of the low- income programs. She said she was looking at barriers and collective impact. Some nonprofits in the area were working on digital inclusion but it was not enough. She teamed up with Comcast and other entities to put together a package that would subsidize internet service. She said Comcast already had a program that heavily subsidized internet service, but the City should not promote business services. Millcreek was hoping to model work of an existing nonprofit to take care of the cost of an internet essentials program, so the goal was to get internet to 200 households over the next six months. The project would cost the City $13,000 over that time period. Cleveland showed the Council a flier for the project. Council Member Jackson asked about continued internet service after November 30'. Cleveland said the subsidized internet service was already in effect, but Millcreek was offering free service for residents from sign up date to November 30. Council Member Jackson asked what the $13,000 paid for. Cleveland said free internet for 200 families in Millcreek. She said she had already received half of that amount in donations. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member Uipi moved to adjourn the work meeting at 6:32 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. REGULAR MEETING - 7:00 p.m. TIME COMMENCED: 7:02 p.m. 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Anegiance Mayor Silvestrini called the meeting to order and led the pledge of allegiance. He thanked the Unified Fire Authority (UFA) for assistance with the recent fires. He expressed appreciation for tlie other city agencies and entities that assisted too. 1.2 Public Comment There were no comi'nents. 2. Financial Matters 2.1 Public Hearing on Monetary Contributions to the Community Councils, Events, Rain Barrel Program, Millcreek Promise Program, and Federal Land Access Program Mayor Silvestrini said every year the City provided funds to other agencies or entities that the Council determined promoted the general health and welfare of the community. There are four coinmunity councils and funding amounts were based on population. He Millcreek City Council Meeting Minutes 13 July 2020 Page 6 of 10 said the City usually appropriated about $100,000 to Venture Out programs like the movies on summer Friday nights, MillFreaks, and other events throughout the year. The events enabled the Council and staff to interact with the community. The City partners with the Utah Rivers Council on the rain barrel program. The program helps with storm mter management with the EPA. Another appropriation was $2,000 to the Federal Land Access Millcreek Program. was applying, in partnership with Salt Lake County, for a federal grant to raise $5 million for improvements in Millcreek Canyon. The Canyon is not in the City, but people could not get to it without going through Millcreek. The funding would help to improve the road and bike lanes. He said all distributions were studied by an outside consultant to ensure that they were in the best interest of the City. Council Member Uipi moved to open to the public hearing. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. Elyse Sullivan read a public comment submitted online into the record firom Hilary Lambert, 3796 S. Alta Loma Drive, "The Millcreek Community Courxcil approved $3,000 from our budget to be used to fund the iriternet essentialsproject. We know many of the impacted households live within our community council boundary. Internet access is an invaluable tool for students,for adults seebrtg employment,and for everyortestayingsafe and at home during this time, and our council was happy to support the initiative. Ijust wish we could raise or furid all 800 households, as digital inclusion in so important in this time." Council Member Uipi moved to close the public hearing. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. Mayor Silvestrini thanked Hilary Lambert for her comment as member of the Millcreek Community Council. He said the City did recognize the importance of digital inclusion, hence the appropriation to the Promise Program. 2.2 Discussion and Consideration of Ordinance 20-31, Approving a Monetary Contribution that shall not exceed $6,000 to the Canyon Rim Citizens Association, that Shall Not Exceed $5,000 to the East Mffl Creek Community Council, that Shall Not Exceed $3,000 to the Mt Olympus Community Council, that Shall Not Exceed $15,000 to the Mfflcreek Community Council, that Shall Not Exceed $100,000 to Events, that Shall Not Exceed $5,000 to the Rain Barrel Program, that Shall Not Exceed $11,000 to the Millcreek Promise Program, and that Shall Not Exceed $2,000 to the Federal Land Access Program Council Member Uipi moved to approve item 2.2, Ordinance 20-31. Council Member Catten seconded. Council Member Uipi thanked staff for having a third party conduct the study. Rita Lund said the rain barrel program was delayed until August Ist and some barrels were still available. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3. Business Matters Mfflcreek City Council Meeting Minutes 13 July 2020 Page 7 of 10 3.1 Discussion and Consideration of Ordinance 20-32, Approving a Non-Exclusive License Agreement Between Mfflcreek and Google Fiber Utah LLC for the Installation of Network Facilities in the City Public Right-Of-Way Mayor Silvestrini said he was pleased that Google Fiber chose Millcreek as the third city in Utah to work with. The agreement would provide Google with access to the City's right-of-way and the right to trench in its streets. Google would be designing a plan about where the fiber would go first. The agreement contains a clause that Google must exercise good faith and be inclusive of the whole city. Google preferred to put fiber into higher density on the west side as a for-profit business. Jacob Brace, Governrnent Community Affairs Manager for Google Fiber in Utah, said he appreciated Ashley Cleveland's presentation on digital inclusion. He said he lived in Millcreek. Google Fiber's mission was for all communities to have access to fast and reliable internet. Mayor Silvestrini asked about a construction and service timeline. Brace said Google would immediately work on the permitting process with the City. He was anticipating coru'iecting people to service in Quarter I or II of next year. Mayor Silvestrini asked about the potential monthly cost for a residential customer. Brace said it would be $70 for a gigabit of service. Council Member Marchant asked when Provo and Salt Lake City started service and for their build out status. Brace said Provo started in 2011-2012 but it was a buy out for existing infrastructure. Salt Lake City was selected in 2015, construction started in 2016, and they were three-quarters built out. Council Member Uipi asked about public engagement. Brace said he would seek help with the community councils, the Millcreek Promise Program, social media, the City's printed newsletter, and door-to-door mailers and hangers. Council Member Uipi asked about Millcreek's projected build out. Brace said he did not know, but the Google Fiber engineers would work on it. Mayor Silvestrini mentioned tliat 2% of gross revenues would be paid to Millcreek from Google. Mayor Silvestrini asked for public comment. There was none. Council Member Jackson moved to adopt Ordinance 20-32, Approving a Non-Exclusive License Agreement Between Millcreek and Google Fiber Utah LLC for the Installation of Network Facilities in the City Public Right-Of-Way. Council Member Marchant seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3.2 Discussion and Consideration of Ordinance 20-33, Amending Title 2 of the Mmcreek Code Regarding Surplus of Personal Property Mayor Silvestrini said the Council had a previous first read of the matter. The ordinance would streamline the process for staff to be able to sell or dispose of items with small value. Millcreek received furniture from Cottonwood Heights when the City first started up but some of it did not serve a utility anymore. Elyse Sullivan brought up that she made an amendment to the ordinance that was in the meeting packet. She requested the Council adopt the recent version which struck out the word "his" in reference to the Mayor or designee to keep the code gender neutral. Council Member Uipi moved to approve item 3.2, Ordinance 20-33 with the amended verbiage removing "he feels" in item 2.22.170(A) as well as the term GGhis" in order to make Millcreek City Council Meeting Minutes 13 July 2020 Page 8 of 10 it gender neutral. Council Member Jackson seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3.3 Discussion and Consideration of Resolution 20-27, Approving Amendment No. 1 of the Interlocal Cooperative Agreement Between Salt Lake County and Mnlcreek Regarding Transfer of Regional Transportation Funds Mayor Silvestrini said the agreement would allow Salt Lake County to give Millcreek more funds for projects that were partially funded and needed a boost to finish them. Council Member Jackson moved to adopt Resolution 20-27, Approving Amendment No. 1 of the Interlocal Cooperative Agreement Between Salt Lake County and Millcreek Regarding Transfer of Regional Transportation Funds. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously 3.4 Discussion and Consideration of Resolution 20-28, Approving the Renewal of an Agreement for Informational Technology Services and Equipment Purchasing and Maintenance Services Between Millcreek and Network Providers, Incorporated Mayor Silvestrini said the resolution was for a renewal of the agreement with Network Providers who provides IT services to the City on a contracted hourly basis. He thanked Jared Bowling, Millcreek IT, for his work and said that Network Providers was back-up for IT services. Council Member Uipi moved to approve item 3.4, Resolution 20-28. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3.5 Discussion and Consideration of Ordinance 20-34, Amending Section 2.24.060 of the Millcreek Code of Ordinances to Add Reimbursements to the Consolidated Fee Schedule John Brems said there was not a concept for reimbursement in the consolidated fee schedule, so staff added it in the ordinance. Council Member Jackson moved to adopt Ordinance 20-34, Amending Section 2.24.060 of the Millcreek Code of Ordinances to Add Reimbursements to the Consolidated Fee Schedule. Council Member Uipi seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 4. Reports 4.1 Mayor's Report Mayor Silvestrini thanked UPD for their service. He said Taylorsville gave notice of depariure from UPD at the end of June 2021. The Midvale City Council was considering it but deferred to see how UPD reacted to Taylorsville leaving. UPD would still serve about 170,000 residents in Salt Lake County. There were still economies of scale to be achieved on shared services. He said his view was to be committed to UPD and making it better. He said other municipalities departed before the needed budget reformation took place. Millcreek and other jurisdictions benefitted from pooled services. He felt encouraged that UPD was ahead of the curve on training. Council Member Uipi said Millcreek City Council Meeting Minutes 13 July 2020 Page 9 of 10 pooled services were important and utilized by all cities. She suggested that UPD track pooled services used in other jurisdictions so that they could contribute for them. Mayor Silvestrini said UPD would not provide services on a regular basis to jurisdictions not in UPD but would provide mutual aid to those in need during times of disaster. He said Taylorsville was a high user of shared services. Mayor Silvestrini thanked Venture Out and staff for the 4I'l of July car show, and Rita Lund and Andrew Clark for cornrnunications during the recent fire in the canyon. Mayor Silvestrini said the City Manager would have to tender his resignation due to health reasons, so the Council would go into a closed session to discuss it. The City would be advertising for that position and the Mayor would fill the role during the interim. 4.2 City Council Member Reports Council Member Jackson brought up the Canyon Rim Cares event the coming weekend. There would be four service projects to assist with: a food drive, contributing to the internet essentials program, putting together cleaning kits for refugees, and a clothing drive. Council Member Marchant mentioned the food truck rally on Thursday nights at City Hall. He said there was a representative who attended that rallied people to do the US Census. 4.3 Staff Reports Chief Duane Woolsey said there were four separate fires recently. He said the investigations bureau said two were not suspicious due to faulty electrical coru'iections. One home rekindled was under investigation. He said the wildland fire crew had great relationships with other organizations. Mayor Silvestrini said he was impressed with the coordination of agencies. Council Member Jackson asked about 4'h of July fireworks fires. Chief Woolsey said nothing too big had occurred, but call volume was up about 70%. 5. Consent Agenda 5.1 Approval of June 22, 2020 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve the minutes from June 22"d. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 6. New Items for Subsequent Consideration There were none. 7. Calendar of Upcoming Events @ Planning Commission Mtg. 7/15/20 at 5:00 p.m., City Hall * City Council Mtg. 7/27/20 at 5:00 p.m., City Hall Millcreek City Council Meeting Minutes 13 July 2020 Page 10 of 10 Mayor Silvestrini said the Utah Food Bank food distribution would take place the following Saturday but there would not be one on July 25fll. 8. Closed Session (If Needed) Council Member Jackson moved to go into closed session as provided by Utah Code Ann. §52-4-205 (a) discussion of the character, professional competence, or physical or mental health of an individual at 8:06 p.m. Council Member Marchant seconded. The Recorder called for the vote. All Councn Members voted yes. The motion passed unanimously. Council Member Jackson moved to go back into the open meeting at 8:47 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. ADJOURNED: Council Member Uipi moved to adjourn the meeting at 8:48 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. APPROVED: OATS 2-"'7,BTh Attest: !sL City Recorder