City Council

Minutes of the Millcreek City Council February 22, 2021 6:00 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 February 22, 2021 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 coinrnent. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney Silvia Catten, District 1 (electronic) Elyse Sullivan, City Recorder Dwight Marchant, District 2 (electronic) John Miller, City Engineer (electronic) Cheri Jackson, District 3 (electronic) Kurt Hansen, Legislative Policy Director Bev Uipi, District 4 (electronic) Rita Lund, Communications Director Francis Lilly, Planning and Zoning Director (electronic) Mike Winder, Assistant City Manager (electronic) Laurie Johnson, HR-Finance Director (electronic) Attendees: Darrah Jakab (electronic), Ryan Wallace (electronic), Chief Duane Woolsey, and Chief Steve DeBry. WORK MEETING - 6:00 p.m. TIME COMMENCED: 6:09 p.m. Mayor Silvestrini called the work meeting to order. He reported that there were issues with the live stream on the website. He then invited representatives from MHTN, Inc. to give an update on the future city hall programming. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items Ryan Wallace, MHTN, said the programming process was defining the needs for city hall, it was not a design phase, so the programming document should not be interpreted as a finalized design but a test fit of the needs for a city hall at the West Millcreek Common site. He presented a timeline to the Council that showed the programming starting in November 2020 and ending in February 2021. He said the program document would be completed in the next two weeks. He gave a refresher on the six key project drivers: inviting and welcoming corninunity resource, leverage private partnerships to create a vibrant ground floor, embrace being connected by Millcreek City Council Meeting Minutes 22 February 2021 Page 2 of 7 nature, enhance and support the local arts and business corni'nunities, woven into the fabric of Millcreek Common, and enhance police-community relationships. Darah Jakab, MHTN, presented the building total square footage as 68,850, which included police and commercial space. The preliminary space breakdown included public-shared, communications, public works, police, commercial, administration, building services, economic development, planning and zoning, and building support. Wallace reviewed the ground level parking diagram. He said the police vehicles and the City's fleet would be housed in a below grade level secure parking lot. He then reviewed the configuration of the remaining floors in the city hall diagram which consisted of commercial space on the ground floor, the police department having its own floor, city offices and uses on the remaining floors, and a community space on the top level. Mayor Silvestrini asked if MHTN, Inc. had any communications with Cottonwood Development. Wallace said he had been emailing them about the parking lot but would meet with them in person the following day. 1. Continued Discussion of Capital Improvement Project Priorities Mayor Silvestrini said a resident had requested pickleball courts at Canyon Rim Park. He said his priorities were to cash flow the city, to not have to borrow for Unified Police Department (UPD) services, and to expend surplus revenue. Laurie Johnson said this was the first year that borrowing for UPD was not needed. She presenteA an estimated cash flow analysis for 2021 beginning in February with $24,417,193 with a $30,000,000 budget and 25% Fund Balance ($7,500,000). She pointed out that October had the lowest estimated cash flow with $14,642,193. She recommended not going below $10,000,000. She then reported on CARES Act funds. Millcreek had received $3.77 million and expended funds on reimbursed COVID-19 related expenses, a FY '21 single audit, the Millcreek Retail Promotion Grant, UPD, Unified Fire Authority (UFA), and Wasatch Front Waste and Recycling District. Mayor Silvestrini asked about liability. Mike Winder said Millcreek was free of additional liability. Johnson said since UPD payroll was paid through CARES funds, property taxes collected for that payment were transferred to the Capital Improvement Project (CIP) Fund. Johnson reported on the Millcreek Common cash flow for 2021. She said of the $20 million bond, the remaining balance as of February 1, 2021 was $61,000. She estimated that the City lacked $900,000 for the project after the estimated expenses. Winder said there were some verbal sale agreements on properties for incoming revenue sources. Mayor Silvestrini said it would be wise to keep a $1 million reserve to cover those expenses. Winder said utility relocation in Millcreek Common was moving well. Francis Lilly said removing power poles and replacing them with conduits was the big expense with that. Johnson said the current Capital Improvement Project Fund expense budget covered projects highlighted in orange on her presentation, which included the following line items: Jupiter Brockbank SW, 900 E:3900 S to 4500 S safety improvements, and 3900 S. Skyline High School intersection, sidewalk 50/50 program, 4500 S:1380 E to 1450 E sidewalk, 700 E: Empire Ave to Redmaple Road sidewalk, 3300 S: 1885 E to 1940 E sidewalk, 3300 S: 2404 E to Pioneer Street sidewalk, 3300 S: 2600 E to 2700 E sidewalk, speed signs, 300 East: 3900 S to 4000 S storm drain, Scott's Avenue drainage (south side) storm drain, CDBG Sunnyvale Park, Mountair Streetscape, TLC 3300 corridor study, and Millcreek Common. The FY 2021-22 projects were highlighted in green on her presentation, which included the following line items: 900 E: 3900 S Millcreek City Council Meeting Minutes 22 February 2021 Page 3 of 7 to 4500 S construction match, 3900 South sidewalk at power station (West Temple), 3900 S sidewalk from West Temple to TRAX, miscellaneous traffic calming expenditures, storm drain system investigation, 1940 E 3300 S, 3196 S 2045 E (pipe), 2555 E Crestbook (sump), 1998 Siggard Dr. (C&G) and missing curb and gutter in various locations, Mountair Streetscape, Neff Canyon Flood Plan, and City Hall line items. John Miller said he tried to stretch funds and that Millcreek showed really well for grants. He said most of the orange projects were matching funds for grants. Mayor Silvestrini said the City was working on acquiring right-of-way on 3300 South for sidewalk. He said there would be a significant amount of sidewalk projects on the major corridors. Johnson said the storm drain projects were funded from the storm drain fund. Mayor Silvestrini welcomed the Councils' opinions on the budget. Council Member Jackson moved, at 7:05 p.m., to recess the work meeting until after the regular meeting. 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: 7:08 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 Mayor Silvestrini said he received a number of cominents about a political sign on 3300 South. He reported that he spoke to the owner of the sign and requested its removal and the sign had since been changed. He thanked the business owner for changing the sign. 1.3 Millcreek Precinct Officer of the Month for January 2021 Chief Steve DeBry announced Detective Chris Sullivan as Officer of the Month for January 2021. He read excerpts from letters received from the Salt Lake City Police Department on Detective Sullivan's investigative and cooperative skills and efforts that lead to the recovery of over $150,000 in stolen goods from a burglary in Salt Lake City. The Citizens Advisory Board presented Detective Sullivan with a gift. Mayor Silvestrini thanked Detective Sullivan for cooperating with other agencies to solve crimes. 2. Reports 2.1 Mayor's Report Mayor Silvestrini said he had been active at the Legislature in committee hearings. He encouraged the Councils' support on H.B. 244, First Class County Highway Road Funds Amendments, a funding bill that distributes the sales tax that all Salt Lake County residents pay, known as, "quarter of the quarter." The bill currently provides significant funding to the south and southwest communities in the County to meet their growth challenges. It would also provide $1 million in one-time money and $400,000 every year for 15 years for corridor preservation and road repairs in Millcreek. He said there was a Millcreek City Council Meeting Minutes 22 February 2021 Page 4 of 7 digital billboard bill that municipal governments did not like, a bill that would substitute private building inspectors for city inspectors, and a bill on allowing accessoiy dwelling units (ADUs). He said he was able to secure some protections in the ADU bill that Millcreek residents had wanted, like requiring one additional off-street parking space and owner-occupancy. Mike Winder said the Mayor had a great reputation on Capitol Hill and it served the city well. Council Member Jackson asked if ADUs could be used for short term rentals. Mayor Silvestrini said the legislators would add the stipulation that ADUs could not be used as short-term rentals and municipalities would be able to use the internet for searching and enforcing code on them. Council Member Jackson asked about the billboard bill. Mayor Silvestrini said it would allow for the conversion of billboards to digital boards, but they would be limited if they could be viewed by residential property within a certain proximity. The digital billboard would require shielding so it could not be easily viewed from the side and it would be allowed in zones that allowed on-premises digital advertising of a certain size. Council Member Uipi said the Utah League of Cities and Towns and other municipalities opposed the bill. Mayor Silvestrini complimented Salt Lake County Public Works for snow removal. He also reported that Unified Fire Authority Board had approved the funding for the reconstruction of Station 112. 2.2 City Council Member Reports Council Member Marchant said Wasatch Front Waste and Recycling District (WFWRD) was able to complete collection routes during the recent snowstorm. He reported that the area clean-up for Millcreek would be scheduled for September. The residents who live between 3300 S. and 3900 S. from Highland Drive to 2300 E. would have their collection days moved from Tuesday to Friday beginning in mid-March and notices would be sent to residents. He said WFWRD was currently a special service district though they would like to become a local service agency. The change would not impact anything for residents. It would make the District an independent district instead of being reliant on the County. He said more information would be coming later. Council Member Jackson said the University of Utah would be operating a temporary COVID-19 testing site. 2.3 Staff Reports Rita Lund said the spring street baru'iers were up. She said there would be a groundbreaking for Millcreek Common at 10 a.m. on March 9'h and attendance should be limited to 25 people due to the pandemic. 2.4 Unified Police Department (UPD) Report Chief Steve DeBry said a retired officer had succumbed to COVID-19. He expressed concern about opening the lobby at the police station because of the pandemic. He reported the statistics for January 2021; 2,813 total cases, 970 calls for service, 367 total citations, and 44 booking arrests. There were 25 assaults, 22 burglaries, 20 drug offenses, 79 family offenses, 127 larcenies, 1 robbery, 5 sex offenses, and 43 stolen vehicles. Chief DeBry presented a graph of the crime trends from the last six months. There were 26 police responses within a quarter mile of the transition shelter at 950 E. 3300 S. He reminded the public of Millcreek Code 11.20.130 which states there is no street parking Millcreek City Council Meeting Minutes 22 February 2021 Page 5 of 7 allowed during the months of November-April. He announced Detective Steven Ivan as being a new addition to the Cornrnunity Crime Suppression Unit. He also announced the SafeCam Program that residents could register for. He thanked all the employees at the Auberge Community Care Facility for their continued support of the Millcreek police officers. Chief DeBry reported that the Community Oriented Policing Unit provided resources to four homeless groups in January and the locations were cleaned and restored. The Unit also investigated three graffiti cases along 3900 S. Highland Drive and 210 W. Central Avenue. Council Member Uipi noted that sex crimes had been rising and asked why. Chief DeBry did not know. She asked where the homeless camps were located. Chief DeBry said he would get that information to her. 2.5 Unified Fire Authority (UFA) Report Chief Duane Woolsey said the construction of Station 112 would start within the year. UFA was working on getting employees vaccinated. The new strategic plan got approved which provides guidance for the next 2-3 years. He said the Board would review the budget in May and would approve it in June. There were 33 people in the recruitment camp. He reported that he was keeping an eye on the legislative session. Council Member Uipi asked if UFA firefighters go through a mental health program or crisis centered intervention. The Chief said the firefighters were not required to take that training though there was a mental awareness program and resources. 3. Consent Agenda 3.1 Approval of December 15, 2020 Special Meeting Minutes 3.2 Approval of January 25, 2021 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve the consent agenda. Council Member Jackson 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 * Mt. Olympus Community Council Mtg., 3/2/21, 6:00 p.m. TBD * Millcreek Community Council Mtg., 3/2/21, 6:30 p.m. TBD * Canyon Rim Citizens Association Mtg., 3/3/21, 7:00 p.m. TBD * East Mill Creek Comi'nunity Council Mtg., 3/4/21, 6:30 p.m. TBD * City Council Mtg., 3/8/21, 5:00 p.m. at City Hall ADJOURNED: Council Member Uipi moved to adjourn the regular meeting and return to the work meeting at 7:55 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. The Council took a break. Millcreek City Council Meeting Minutes 22 February 2021 Page 6 of 7 Work Meeting Continued at 8:03 p.m. 1. Continued Discussion of Capital Improvement Project (CIP) Priorities John Miller went through the FY 2021-22 CIP Fund programming process which starts with the community council recommendations, then staff sorts through citizen concerns, reviews master plans, coordinates utility work and pavement preservation, prepares cost estimates, coordinates the City Council's requests, presents to the Council, then adjusts projects. The City Council then reviews recommendations and approves the CIPs based on the available budget. Miller said the project line items highlighted in white on Johnson's presentation were completed. He then reviewed some of the projects. Johnson said the funding for the tentative FY 2021-22 budget was funds allocated from fund balance at the end of the FY 2019-20 audit. She said unused funding could be put it into the CIP fund if there was a need, so $1.9 million was brought forward for programming. Winder said there would be hard costs for Millcreek Common coming in the near future. Miller said H.B. 244 would provide $1 million and preliminaiy plans could be started with that. Council Member Jackson asked if the funding accounted for growth in tax revenue during the 15 years. Mayor Silvestrini said it did not. Miller said staff did research on turning the tennis courts at Canyon Rim Park into pickleball courts. Tooele had success converting their courts; 6 pickleball on 2 tennis courts. He said it would cost $150,000 to convert and adding lights would be another $150,000 as a rough cost estimate. He said it would cost $400,000 for 9 pickleball courts with a median between rows. He mentioned that the school used the corner where the tennis courts were for pick-up and drop-off and parking would need to be figured out. Rita Lund said converting the teru'iis courts to pickleball would eliminate the tennis courts and that the pickleball courts would be smaller than regulation size. Council Member Marchant pointed out that there were a lot of indoor pickleball courts throughout the city and he wanted to make sure that lighting would be worth the cost. Council Member Jackson said lights may not be necessary because of the evening winds at that park. The Council asked for a request for proposals (RFP) for all options of pickleball courts. 2. Continued Discussion of Ranked Choice Voting Mike Winder said there was a bill that would require counties to provide ranked choice voting for municipalities that opted into it in their jurisdiction. Council Member Uipi said currently cities could contract with other counties for ranked choice voting but if the bill passed cities could not do that. Elyse Sullivan reported that she did not have any updates, though the Utah Municipal Clerks Association (UMCA) was meeting in a semi-annual conference the first week of March, so updates may be shared then. She also mentioned that UMCA took a neutral position on the matter. 3. H.B. 411/100 Communities Discussion Mayor Silvestrini said the governance committee was working on a governance agreement that apportions voting control upon a formula that at the beginning is one community one vote but morphs into a weighted vote for funding balanced by population and electric load. He said Millcreek did not have a very high electric load compared to other cities with more manufacturing uses. The purpose was so that communities would not feel controlled by those that did not have as great of stake in the issue. If there are major program changes when it is time Millcreek City Council Meeting Minutes 22 February 2021 Page 7 of 7 for adoption, the City could adopt an ordinance to opt-in and provide notice to residents about being able to opt-out. He said the committee looked at the anticipated cost of hiring a consultant for advisement and legal counsel to argue a rate case to the Public Service Commission and it would be $700,000. The formula mentioned would apportion the start up costs for that by municipality. He said Millcreek's cost would be about $37,000 and noticing costs would be an additional$l9,000. He said Salt Lake City was willing to pay more than their share to ensure that the program goes forward. Salt Lake City, Park City, and Suinmit County would be anchor communities, which would commit to pay more than their share up front and get reimbursed later as other cities joined. The Mayor wondered if Millcreek should be one as well. He said the cost of approximately $19,000 could be paid over two fiscal years, then the third year would be about the same for the noticing costs. He said that was the cost to be a regular community. An anchor comi'nunity would be asked to advance about $65,000. Council Member Uipi said municipalities had until June to pass an ordinance, but counties had until January 2022. Mayor Silvestrini said the deadline would be when the Council put together the next fiscal year budget. Council Member Jackson asked who would decide on the consultant. Mayor Silvestrini said the governance agreement might say one city one vote. Council Member Jackson asked what an anchor city did. Mayor Silvestrini said frontloading the funding. Council Member Uipi requested more community engagement. 4. Staff Reports There were none. Council Member Uipi moved to adjourn the work meeting at 8:55 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. APPROVED: Date 3-27,azil Attest: !'L, City Recorder