City Council

Minutes of the Millcreek City Council October 12, 2020 6:30 p.m. Work Meeting 7:00 p.m. Regular Meeting Tlie City Council of Millcreek, Utah, met in a public work meeting and regular meeting on October 12, 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 coi'nunent. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attoniey Silvia Catten, District I Elyse Sullivan, City Recorder Dwight Marchant, District 2 Francis Lilly, Planning and Zoning Director Cheri Jackson, District 3 John Miller, City Engineer Bev Uipi, District 4 (arrived at 6:36 pm) Rita Lund, Commtinications Director Kurt Hansen, Legislative Policy Director Laurie Johnson, HR-Finance Director Attendees: Lizette Dutson, Thom DeSirant, Laura Ingersoll, Justin Peterson, and Chief Steve DeBry. WORK MEETING - 6:30 p.m. TIME COMMENCED: 6:33 p.m. Mayor Silvestrini called the work meeting to order. 1. Policing in Millcreek Update; Council Member Bev Uipi Council Member Uipi was not present for this item. Council Member Jackson moved to reorder the agenda to talk about future code regulations. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members present voted yes. The motion passed unanimously. 2. Discussion on Future Code Regulations; Kurt Hansen, Legislative Policy Director Kurt Hansen went over his proposed code regulations and amendments. The first was on the definition of "lot coverage" to include impervious surfaces. Mayor Silvestrini asked if decks were included in lot coverage. Lilly said they were counted for setbacks but not for lot coverage. Council Member Jackson asked about artificial turf. Hansen said that would be included as an impervious surface. The next code regulation was emergency caches. Hansen said tl'ie emergency Millcreek City Council Meeting Minutes 12 0ctober 2020 Page 2 of 6 cache had been part of development agreements, but staff would like to add the requirement to code for developments greater than 50 units. Council Member Catten asked about developers' input. Lilly said the code needed to specify the purpose of the cache because developers wanted context for the requirement. He pointed out that other cities did not have that type of requirement in code. Mayor Silvestrini said there would need to be enforceable standards. Hansen said another regulation would be to create a Historic Preservation Committee and updating the current code. He said months ago he presented another regulation which would include an impound-type fee for the pick-up of shopping carts. He felt that hiring a service to take care of the problem at $1,500 a month would be reasonable. The service would sweep the city and pick the carts up routinely. Council Member Catten pointed out that stray shopping carts were a problem in her district. The Council wanted to explore the issue further. Hansen brought up the proposaI of an annual inspection with the business license renewal for multi-family rentals. The Council wondered about the inspection being complaint-driven. Hansen said he did not want enforcement to be selective. Mayor Silvestrini wanted the City to have the authority for an annual inspection on a random basis and on a complaint-basis. Hansen said code enforcement requested that recreational vehicles be limited to no more than one in the front yard. The Council felt that was reasonable. Hansen said code enforcement would like to limit portable storage units/temporary structures to 30 days at residences. Council Member Jackson asked for the option for residents to extend. Mayor Silvestrini said the resident could apply to extend the limit if there was a good reason to. He said there should be a list of standards that would be reasonable for extension. Hansen said the last regulation would be to restrict how bright lights could be at the property line. Mayor Silvestrini felt that was an issue between neighbors, not an issue for the City to enforce. 3. Staff Reports Mayor Silvestrini said Congress appropriated money under the CARES Act to state governrnents and counties with a population greater than 500,000. Millcreek entered into a local agreement with Salt Lake County and received $1.8 million in the first distribution of funding. He said Millcreek applied for a second distribution and it was possible that there may be a third wave of funding. Millcreek had used about $50,000 in CARES funding to augment technology for city personnel to work remotely, had provided Unified Fire Authority (UFA) with $90,000, and had provided Unified Police Department (UPD) with $16,000. He said funding could be used for economic stimulus. Millcreek had reimbursed $1.3 million to Millcreek businesses for advertising expenses through a small grant program. So far, Millcreek had expended about $1.5 million of the first round of funding and the second round must be costs incurred by December 31, 2020. He said staff had received guidance from the State of Utah about possible expenses. Staff was exploring using funding for open space improvements or the ice ribbon at the City Center. The Mayor said police and fire wages and benefits were presumed to be Covid-19 related expenses and documentation was not needed for that. He said he had been contemplating paying Millcreek's share of wages and benefits for UPD with the funds to free up contract costs and indebtedness that Millcreek already had. Council Member Uipi would like mental health unit training and funding for UPD. Council Member Jackson pointed out that the public safety expenditures should be documented even if it was not required. Council Member Catten suggested that some funding be used for the Millcreek Promise Program. 4. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Mfflcreek City Council Meeting Minutes 12 0ctober 2020 Page 3 of 6 Council Member Jackson moved to adjourn the work meeting at 7:17 p.m. Council Member Uipi seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. REGULAR MEETING - 7:00 p.m. TIME COMMENCED: 7:21 p.m. 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order then led the pledge of allegiance. 1.2 Public Comment There was no comrnent. 2. Business Matters 2.1 Presentation of 3800 S. Skyline High School Project; John Mffler, City Engineer Mayor Silvestrini said there was traffic congestion by Skyline High School in the mornings and afternoons. John Miller said in the fall of 2019, a traffic impact study was conducted for Skyline High Scliool. The study concluded that the resolution for the congestion worild be a roundabout at Virginia Way and Upland Diive. He said UDOT also did a study on the 3900 S. and I-215 interchange around the same time. They came to the same conclusion that Upland Drive failed during certain peak times of the day as a direct result of school times at Skyline High School. One of the alternatives UDOT had proposed that would improve the traffic failure was the roundabout. Miller said Millcreek applied for a grant with the Wasatch Front Regional Council for the project and was awarded $2 million under the condition that an environmental study be conducted at the City's expense. Miller said the draft environmental document was prepared by Avenrie Consultants. He showed the Council depictions of the widest possible footprint of what property would be impacted in that area. He went through the right-of-way acquisition process which would identify impacts, cominunicate with property owners, determine property value, and purchase property. He gave a project overview and said tlie proposed improvements would include a roundabout at the Virginia Way and Upland Drive intersection, a raised median at Birch Drive and Upland Drive intersection, a mid-block signalized pedestrian crossing west of Birch Drive, new sidewalks and bike routes, new roadway signage and pavement markings, and modified utilities and drainage systems where necessary. Council Member Jackson asked about any received public comments about removing the left hand turn off of Birch Drive. Miller said Avenue Consultants would address coinments received during the public hearing. He said there would be no adverse effect to three historical buildings in the area and the right-of-way acquisition would affect eight properties, including six residences. Miller reviewed the project schedule which started with finishing the environmental document in December 2020, right-of-way acquisition and the final design to be approved by UDOT worild take place in winter 2020-spring 2021, and construction worild begin in the summer of 2021. Council Member Uipi asked how late public input worild be accepted. Miller said through the winter for the design. Millcreek City Council Meeting Minutes 12 0ctober 2020 Page 4 of 6 Mayor Silvestiini told the priblic they could make written corni'nent for the hearing via the City's website on the Meeting Live Stream page. Miller pointed out that the City may do things contrary to public coinrnent if it was in the best interest of the City. He said Avenue Consultants had directly reached out to the impacted residents. 2.2 Public Hearing on 3800 S. Skyline High School Project Council Member Uipi moved to open the public hearing. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Councn Members voted yes. The motion passed unanimously. Lizette Dutson, 3771 S. Ash Circle, said eight people lived in her household and she had lived there for over 30 years. She said she supported the roundabout drie to the traffic but felt the current design would negatively impact the value of her property. She felt there were better ways to configure the project, such as a smaller roundabout and island, and making the bike lane and sidewalk extend into the current bike lane. She felt those changes would utilize the public land better. She said she would be willing to work with the engineers on the design. Mayor Silvestrini asked if there was parking in front of her house on Upland Drive. She said people parked in the bike lane there to pick children up. Council Member Uipi asked how much of her property would be taken. She said 5.89 feet and there would be a 10-foot construction easement. Laura Ingersoll, Avemie Consultants, said they were doing the preliminary design for the envirom'nental document. She said she was able to speak with five of the seven impacted residences. She had met with Skyline High School representatives and they were generally in favor of the roundabout though they had concerns about students crossing and the timing of construction conflicting with the school year. Ingersoll said she met with Cheryl Phadnis at 3767 S. Birch Drive and they looked at removing on-street parking. She met with the Dupaixs at 3766 Ash Circle and they were in favor of removing on-street parking to minimize impacts to their property and were in favor of installing the sidewalks. She said the design had not been fully surveyed, in reference to Lizette Dutson's cominent about property impacts, so the measurements were not exact. She had also met with Sara Winn at 3753 S. Grandeur Park Lane who expressed concern about moving the existing fence. Ingersoll said Avenue Consultants was still trying to meet with the other two impact residences. Ingersoll read to the Council the comments she had received from the public. Nancy Carlson-Gotts agreed with the rormdabout. Deveron Wilkinson gave kudos to the those thatspearheaded the rovmdabout and requested another one at the 4-way stop atBirch Drive and Upland Drive (3800 S.). Regina Celic requested that construction be done during the summer. Cheryl Phadnis would like to be informed about accessimpact to her driveway and utilities during comtruction. Emily Pohlsander wondered about the roundabout accovmtingfor children walking from the east onto campus. Council Member Uipi moved to close the public hearing. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. Millcreek City Council Meeting Minutes 12 0ctober 2020 Page 5 of 6 3. Financial Matters 3.1 Fiscal Year 2020-21, Ist Quarterly Report; Laurie Johnson, HR-Finance Director Laurie Johnson said 25% of the budget year had passed and 18.95% of the General Fund revenues had been received. This amount was higher than would be expected at that time in the budget cycle and it was due to the receipt of CARES Act funds. Those funds would be recognized in an upcoming budget amendment. She said 19.83% of the General Fund budget had been expended and that was also higher than expected due to the expenditure of CARES Act funds. Johnson highlighted the revenues which included a $150,000 reimbursement for CDBG grants funds for Suru'iyvale Park, $1.8 million for CARES Act funds, and a $25,000 donation from REAL soccer for the Promise Program. She then briefly went through the General Fund expenditures. The Mayor and Council budget was lower than expected due to payment of the Utah League of Cities and Towns (ULCT) yearly dues. The Public Safety budget would be increased to include funding for CARES Act expenditures with the next budget amendment. The Economic Development budget would be increased to include funding to cover CARES Act expenditures with the next budget amendment. All other budgets were within the expected parameters. She said expenses had been minimal in the Capital Improvement Project Fund and Storm Water Fund. She said she would bring a budget amendment to the Council at a future meeting. 4. Reports 4.1 Mayor's Report Mayor Silvestrini said he would advertise for an assistant city manager position soon. He said staff was considered hiring a fulltime grant writer. He said he would hold a press conference with Senator Romney and Lt. Governor Cox that week to discuss wildland fires and forestry management and tl'iey worild look at existing resources. He reported that the Millcreek Building Services Department was processing permits in a timely manner. The Building Department and Planning Department would each be hiring new permit technicians. The Economic Development Department was tracking how long it took to issue business licenses. Staff was entering into negotiations with Salt Lake County to renew the public works contract. Council Member Jackson asked aborit the study that was conducted for public works service options. Mayor Silvestrini said the study concluded that the County's services were a good deal. He said the "Jupiter Jump" project was complete save some landscaping and the Central Avenue storm water project was complete. He would like to have a ribbon cutting for those projects. 4.2 City Council Member Reports Council Member Uipi said the policing cornrnittee was meeting at the Parleys Training Center that week as three separate groups. One group would discuss mental health and training, one group would discuss budgeting, and the third group would do a simulation. She asked about conducting another town hall with the Council in response to the one held in August. Council Member Uipi said the first one was to listen, the next one would be to respond to comi'nents. Mayor Silvestrini said he had been attending the "Love, Listen, and Lead" meetings on policing with the ULCT. He could give a report on what the Legislature was considering at the next town liall. Council Member Jackson suggested November IOI'I or 1 7"1 as possible dates for the town hall. Mayor Silvestrini Millcreek City Council Meeting Minutes 12 0ctober 2020 Page 6 of 6 suggested the policing comi'nittee provide a report on some of the things they had learned through their discussion and research with UPD. Council Member Uipi tl'ianked the City's engineering team for removing the "Jupiter Jump." Council Member Jackson said the Youth Council was active despite challenges of Covid-19. They had helped clean parks and would be helping with the MillFreaks event with Venture Out. Mayor Silvestrini brought up Amendment D (Utah Constitutional Amendment D, Municipal Water Resources Amendment (2020)) and said it was not a perfect solution, but better than what Millcreek residents currently faced. He said he personally supported Amendment D though the City could not promote or advocate for a constitutional amendment. Council Member Jackson said it was a statewide ballot issue. Council Member Marchant thanked Josie Angerhofer, Millcreek staff, for organizing a storm water cleanup project. 4.3 Staff Reports There were none. 5. Consent Agenda 5.1 Approval of September 28, 2020 Work Meeting and Regular Meeting Minutes Council Member Catten moved to approve minutes from September 28"1. Council Member Uipi 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 Coinmission Mtg. 10/21/20 at 5:00 p.m., City Hall * City Council Mtg. 10/26/20 at 5:00 p.m., City Hall ADJOURNED: Council Member Uipi moved to adjourn the regular meeting at 8:30 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. Date in-%-Z'D' Jeff Sil4estrini, Mayor Attest: EIE' ,City Recorder