City Council

Minutes of the Millcreek City Council December 14, 2020 5:00 p.m. and 7:00 p.m. Work Meeting and Regular Meeting The City Council of Millcreek, Utah, met in a regular public meeting on December 14, 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 corni'nent. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney (Virtual) Silvia Catten, District 1 (Virtual) Rita Lund, Coinmunications Director (Virtual) Dwight Marchant, District 2 (Virtual) Francis Lilly, Planning Director (Virtual) Cheri Jackson, District 3 (Virtual) Mike Winder, Economic Development (Virtual) Bev Uipi, District 4 (Virtual) Kurt Hansen, Legislative Policy Director Alexander Wendt, Deputy Recorder John Miller, Public Works Director (Virtual) Erin O'Kelley, Planner (Virtual) Blaine Gehring, Legislative Analyst Minutes by Alexander Wendt. Attendees: Ted Zaharias Work MEETING - 5:30 p.m. TIME COMMENCED: 5:33 p.m. Mayor Silvestrini read a notice that Millcreek conducted this meeting electronically without an anchor location. Mayor Silvestrini said that the public meeting on December 15, 2020 regarding the transitional housing shelter had been noticed as a public meeting. There would be a presentation by the operator of the transitional housing on 3300 S. Francis Lilly, Planning Director, said this shelter has been created because of humanitarian concern. That meeting will begin at 6pm said Mayor Silvestrini. Mayor Silvestrini noted that he will have to leave the meeting at 7pm due to a prior corni'nitment. Presentations will happen and then there will be time for questions and comments. Mayor Silvestrini said he has received many comments on this issue. Most are favorable and very few are critical, many comments are simply people who have questions. Council Member Jackson asked who will be attending. Council Member Catten said she was plaru'iing on going to the meeting. Council Member Uipi and Marchant planned on attending as well. Council Member Jackson asked who was invited to the meeting. Mayor Silvestrini said the City sent out notice to Millcreek City Council Meeting Minutes 14 December 2020 Page 2 of 7 property owners within 300 feet. Council Member Jackson asked if the notice reached the residents of her district. Mayor Silvestrini said no. Francis Lilly, Planning Director, said most people who received notices were coinmercial property owners. Very few are residential property owners. Work Meeting I.Accessory Dwelling Unit Draft Ordinance Discussion; Erin O'Kelley, Planner Erin O'Kelley, Planner, gave a presentation on the Accessory Dwelling Unit (ADU) ordinance draft. Ms. O'Kelley said that staff had received additional research tasks to investigate. She said that all language is subject to change and is a draft. In the draft, the items in red have been added, items crossed out are being taken out of the draft. The original draft only recognized one method of creating an ADU, people had to build a new ADU. Staff added language that states that non-conforming structures may be converted to an ADU if the applicant follows rules for non-conforming structures. There are no special exceptions for parking requirements. Staff is still working on the non-conforming chapter which could alter language elsewhere. Ms. O'Kelley said staff changed language allowing attached and detached ADUs in R-1 and A- 1 zones. Perimeter fencing is required for any property with an ADU. Many residents said they have a lot in a R-1-8 zone that are just under 8,000 square feet, these are non-conforming lots. Maximum area for an attached ADU has been removed. Alterations have been made to parking requirements. Residents can no longer add parking to the front yard for an ADU. There is now a maximum number of parking spots allowed. This helps improve the street view of properties. Detached ADUs on a flag lot are not allowed, while attached ADUs are. Mayor Silvestrini asked about parking requirements. Ms. O'Kelley said people in neighborhoods do not want to see paved front yards, and they do not want on-street parking, especially in winter. Ms. O'Kelley said staff's intent is to move parking to the side yard and rear yard for ADUs. Kurt Hansen, Legislative Policy Director, said he was in a meeting with the Utah League of Cities and Towns where they mentioned a state legislator wants to create rules about ADUs. The legislation mostly concerns the interior of ADUs. Council Member Uipi asked about what percent of a front yard can be paved. Ms. O'Kelley replied that usually 50% can be paved. Council Member Jackson asked about lot coverage requirements. Ms. O'Kelley said that adding a requirement forces people to have a garage on the first floor and a ADU on the second floor. Francis Lilly, Planning Director, said that one tension among the community is that some people would like a permissive ordinance and others want a restrictive ordinance. Mr. Lilly said that ultimately staff is looking for the guidance from the Council. Council Member Marchant said it does not seem reasonable to enforce having a covered structure for a vehicle, many homes in the area do not have covered parking. Council Member Marchant said that requiring covered parking for a ADU is unreasonable. Council Member Uipi asked if one member of the community council or if it was a whole community council that gave their thoughts on covered parking. Mr. Lilly said it was a community council Chair. Ms. O'Kelley explained that staff would bring the ADU draft to the cornrnunity councils in January. Council Member Jackson said that many existing ADUs could not add a covered parking spot and this would be counterproductive. Mayor Silvestrini said that he agreed. Council Member Marchant asked which community council Chair had the concerns about covered parking. Mr. Lilly said that Mr. David Baird expressed the idea. Council Member Catten said that requiring covered Millcreek City Council Meeting Minutes 14 December 2020 Page 3 of 7 parking means that people will prish the limits of the size of their ADU. Corincil Member Jackson said it may be problems with RCOZ. Mr. Lilly said the bottom line is how restrictive or permissive does the ADU ordinance need to be. Mayor Silvestrini said some requirements may discourage some people from creating an ADU and that is okay. Ms. O'Kelley stated that requirements for attached ADU were increased to 24 feet tall. This is based on public input from the town hall meeting. Ms. O'Kelley said that some people have built garages up to 24 feet tall and they may want to put an ADU in. By reducing the height to 20 feet then those would not be allowed as an ADU. Ms. O'Kelley said changes were made but property owners must follow RCOZ. Detached ADU requirements include requirements where people must pick three items from a list to follow. All proposed ADUs must go through a site plan review process. If the ADU has not been built, they must go through the building permit process and then business licensing. Mayor Silvestrini asked where the burden of inspection falls within the ADU rules. Ms. O'Kelly replied that the Building Department would do inspections and an inspection is always required even if there was not a business license required. The Planning Coinrnission will be reviewing the ADU draft for the first time. 2.Discussion of Historic Preservation Ordinance; Blaine Gehring, Legislative Analyst Blaine Gehring, Legislative Analyst, said that they are coming back to the Council after the Council has had time to review the proposed ordinance from the last meeting. Mr. Gehring said tliat there was a question in the last meeting about a state historic registry. There is not a state registry of historic places. Mayor Silvestrini said that staff can move the historic preservation ordinance to the Coinrnunity Councils. ADJOURNED: Council Member Jackson moved to adjourn the work meeting at 6:18 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: 7:03 p.m. 1. Welcome, Introduction and Preliminary Matters Mayor Silvestrini read a notice that Millcreek conducted this meeting electronically without an anchor location. Mayor Silvestrini noted for the record that all City Council Members were present either in person or virtually. 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 public comment. 2. Financial Matters Mfflcreek City Council Meeting Minutes 14 December 2020 Page 4 of 7 2.1 Public Hearing on Opening and Amending the Fiscal Year 2020-2021 Budget; Laurie Johnson, HR Finance Director. Mayor Silvestrini asked for a motion to open the public hearing. Council Member Uipi moved to open the public hearing. Council Member Jackson seconded. Mayor called for the vote. All Council Members voted yes. The motion passed unanimously. Laurie Johnson, Finance Director, gave a presentation on opening and amending the fiscal year 2020-2021 budget. This budget ai'nendment increases the city general fund balance by $5,001,830 and the capital improvement budget by $2,260,000. Ms. Johnson noted that sales tax was increased by $1,000,000. Mass transit tax increased by $50,000. Cares Act funds received were $3.6 million. Plaru'iing fees increased by $20,000. Interest earnings have had to decrease by $160,000 because interest rates are low. Donations have come in for the Promise Program in the amount of $65,500. The public safety budget recognizes all the public safety related Cares Act spending. Because of Cares Act payroll distribution, Ms. Johnson said she reduced the Unified Police Department (UPD) contract amount from $693,000 to $547,000 due to not requiring borrowing costs in the month of December. Cares Act Funding spending is recognized in the budget amendment. Wasatch Front Waste and Recycling will receive $17,000. Ms. Johnson said she put these items together for clarity. Ms. Johnson put the retail promotion grant in the economic development budget. All funds were distributed. Ms. Johnson said the retail promotion grant was a great program. In the finance department there is money allocated in the budget for a grant/Community Development Block Grant administrator. This person will assist in the coordination of all grants. Ms. Johnson noted that the City reduced the cost of borrowing shown in the budget by not borrowing money in December for UPD costs. Further contributions to the general fund balance show another $900,000 is moving into the general fund balance. The City has budgeted for another fleet vehicle in case the City needs another vehicle in the future. The Promise Program budget recognizes a new donation of $40,000. Mayor Silvestrini said that there will be a meeting later this week regarding the Promise Program. The planning budget added a plaru'iing technician. public works has added a public works technician, paid half out of Public Works and half from the Stormwater fund budget. Ms. Johnson explained the general fund balance, there is $6.7 million total, $1.8 million is in reserve for the UPD contract. Capital hnprovement Projects revenue shows the transfer from the general fund. $250,000 was taken from miscellaneous projects into sidewalk funds, the sidewalk project fund has been very popular with residents. Mayor Silvestrini said the 50-50 sidewalk program has been very successful. John Miller, Public Works Director, said the City had received 3 times the amount of sidewalk requests. Mayor Silvestrini asked if there were any members of the public that would like to address the City Council on tlie issue of the budget amendment. There were no comments. Mayor Silvestrini asked for a motion to close the public hearing. Mnlcreek City Council Meeting Minutes 14 December 2020 Page 5 of 7 Council Member Uipi moved to close public comment. Council Member Jackson seconded. The Mayor called for the vote. All Council Members voted yes. The motion passed unanimously. Mayor Silvestrini thanked staff for their financial help. 2.2 Discussion and Consideration of Ordinance 20-54, Amending the 2020-2021 Fiscal Year Budget; Laurie Johnson, HR-Finance Director Council Member Marchant moved to adopt Ordinance 20-54, Amending the 2020-2021 Fiscal Year Budget. Council Member Uipi seconded. The Deputy Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3. Business Matters 3.1 Discussion and Consideration of Ordinance 20-55, Amending Title 13 0f the Millcreek Code of Ordinances Establishing City Park Noise Restrictions Regarding Noise; Kurt Hansen, Legislative Policy Director. Kurt Hansen, Legislative Policy Director, gave a presentation on park noise restrictions. The line about the Mayor approving the event is taken out. Changes made to Title 13 require a special event permit to allow amplified noise in a city owned park. This change allows the police and county health department to inspect. Council Member Catten moved to adopt item 3.1, Ordinance 20-55, Amending Title 13 of the Millcreek Code of Ordinances establishing City Park Noise Restrictions Regarding Noise. Councn Member Marchant seconded. The Deputy Recorder called for the vote. All Council Members voted yes. The motion passed unanimously 3.2 Discussion and Consideration of Resolution 20-51, Approving an Agreement for Park Services Between Salt Lake County and Millcreek; John Miller, Public Works Director John Miller explained this is the annual renewal with Salt Lake County. Mayor Silvestrini asked what Salt Lake County will cliarge for maintenance of the Mountair streetscape and Millcreek Common. John Miller said that they will figure that out in 2021. Council Member Uipi moved to adopt item 3.2, Resolution 20-51, Approving an Agreement for Park Services Between Salt Lake County and Millcreek. Council Member Catten seconded. The Deputy Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 4. Planning Matters 4.1 First reading of ZM-20-010 Staff Report; Request to rezone from R-1-21, R-1-8, & R- 1-5, to only R-1-5; Erin 05Kelley, Planner. Erin O'Kelley, Planner, gave a presentation on the rezone. The applicant applied for a building perinit to expand the kitchen into the backyard. The City requires the rezone to clean up the regulation and property lines and move the easement. Ms. O'Kelley explained this will still be a single-family home, the applicant is not adding a story to their home, this is only a consolidation of zones. Staff has not received any responses from adjacent property owners regarding the rezone. The community council recommended the rezone. Staff is not Millcreek City Council Meeting Minutes 14 December 2020 Page 6 of 7 recoinmending a development agreement. After review, the Planning Commission recommended this ordinance be adopted. Council Member Marchant said it is clear this rezone is the appropriate thing to do. Mayor Silvestrini said that the Council would consider this in a January City Council meeting and take public comment at that time because this was a first reading of the ordinance. Mr. Zaharias, the applicant, expressed his frustration with the process since it has taken a long time. Mayor Silvestrini asked Mr. Zaharias to speak with the Plaru'iing Director. 5. Reports 5.1 Mayor's Report Mayor Silvestrini said that there will be a public meeting on the 15"1 for public engagement on the winter housing project on 3300 S. that Thursday, there would be a public meeting with the City Council and State Legislators. 5.2 City Council Member Reports Mayor Silvestrini asked for City Council reports. There were none. 5.3 Staff Reports Rita Lund, Communications Director, summarized a fix the bricks program that is being directed by Andrew Clark, Emergency Manager. The suggestion is for the interested cities to come to together and make a joint application to Utah state for the fix the bricks grant. Council Members Jackson and Uipi said they support pursuing this program and grant. Mayor Silvestrini said the idea is to work with the County. Mayor Silvestrini noted that Ms. Lund received a lot of interest in individuals who want to plant plants that help Monarch butterflies. Mike Winder, Economic Development Director, said the Millcreek Business Council is happy about the shop in Millcreek holiday banner program. Mr. Miller said there have been bids on the 3900 S. project, the City received 5 bids. The low bid was 4% lower than the estimated cost which can help add 4% to the contingency plan. There is zero cost to Millcreek and taxpayers; funds were received through federal funding. Mr. Miller said there will be environmental work and contracting done on the 4500 S. sidewalk project. Millcreek is under contract for the 900 E. project. The design work has begun, and utility relocation will happen in 2021 with construction in 2022. This is one year ahead of schedule. Francis Lilly, Planning Director, said that there has been a text change to the hotel design standards. Samah Safiullah, Planner, gave a presentation on the hotel definition changes. Staff has created a new hotel definition, they are including a definition that means a hotel must contain 15 or more units, there must be daily housekeeping services, an interior lobby, 24 hours staffing and other requirements. Staff plans to present the ordinance to the City Council in January. The recommendation keeps the same requirements for C-2 and C-3 zones, building height, lot coverage and setbacks will remain the same. Motel will be taken out of the definition of hotel. Hotels must have 100 feet of frontage along a major or minor collector street as well as arterial roads. Staff analysis states that these proposed changes improve design aesthetics and improve the currently vague code. Plaru'iing Comi'nission recommendation is Millcreek City Council Meeting Minutes 14 December 2020 Page 7 of 7 positive. Community council recoinrnendations were also positive. Staff recoinrnends these changes to the City Council. 5.4 Unified Police Department Report Chief DeBry was unable to attend. Mayor Silvestrini said that he is hoping to address petty crime to help individuals get help for their drug related issues. 5.5 Unified Fire Authority (UFA) Report Council Member Uipi said she has a meeting scheduled with UFA about the temporary station for Station 112. UFA closed on a home for their temporary station. Mayor Silvestrini said that UFA is going to rebuild Station 112 on Jupiter Dr. in its present location. UFA is buying a house near the actual station. Mayor Silvestrini explained that UFA will remodel the house, to horise staff at the home as their temporary station, then resell it when they are done. This way, crews do not have to move to other stations. This keeps response times similar. Mayor Silvestrini said UFA will do public engagement. Mayor Silvestrini added that Mr. Baird from the Mount Olympus Community Council can help with that since the station on Jupiter Dr. does not use their lights and sirens until they get to Wasatch Boulevard. 6. Consent Agenda 6.1 Approval of minutes from the City Council meetings on October 26, 2020 and November 9, 2020. Council Member Uipi moved to approve the minutes from October 26, 2020 and November 9, 2020. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 7. New Items for Subsequent Consideration There were none. 6. Calendar of Upcoming Events a Plaru'iing Coininission Mtg., 12/16/20, 5:00 p.m. at City Hall a City Council Special Mtg., 12/21/20, 6:00 p.m. at City Hall ADJOURNED: Council Member Uipi moved to adjourn the meeting 8:04 p.m. Council Member Jackson seconded the motion. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. APPROVED: Date ,71- 2,/ -2,E)2-( Jeff Silvestrini, Mayor Attest: Elys ity Recorder