City Council

Minutes of the Millcreek City Council March 8, 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 March 8, 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 cornrnent. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney (electronic) Silvia Catten, District 1 (electronic) Elyse Sullivan, City Recorder Dwight Marchant, District 2 (electronic) John Miller, City Engineer (electronic) Cheri Jackson, District 3 Kurt Hansen, Legislative Policy Director Bev Uipi, District 4 (electronic) Rita Lund, Communications Director (electronic) Francis Lilly, Planning and Zoning Director (electronic) Mike Winder, Assistant City Manager (electronic) Laurie Johnson, HR-Finance Director (electronic) Blaine Gehring, Legislative Policy Analyst (electronic) Attendees: Chief Steve DeBry, Kellers, Lynda Tierney, Bryan Griffith, Lynn Jacobs (electronic), and Meg Bond (electronic). WORK MEETING - 6:00 p.m. TIME COMMENCED: 6:09 p.m. Mayor Silvestrini called the work meeting to order and reported that there were some technical difficulties with the online meeting audio. 1. LocalLink Project Update; Courtney Bovee, Horrocks Engineering Rita Lund said LocalLink was a circulation study with Salt Lake City, South Salt Lake, Holladay, and Millcreek. Lynn Jacobs, Salt Lake City, said the study was funded by the County with the four cities working together. He said he worked for Salt Lake City but was the LocalLink project manager. He said a circulation study had been completed and now the consultants were looking at transit alternatives on how to better connect communities. The primary area for the transit study was looking at how to better connect Sugarhouse, Millcreek, and Holladay. The project will kick off on a public input effort. The consultants are looking at two different routes, Alternative 1 on 1300 East and Alternative 2 on Highland Drive. He showed the Council a mode and route altemative comparison matrix with cost range, ridership, Millcreek City Council Meeting Minutes 8 March 2021 Page 2 of 8 engineering feasibility, right-of-way needed, and carbon emissions with enhanced bus (improved shelters), streetcar (S-line, shared street in lane with traffic), light rail (TRAX in its own right-of- way), and bus rapid transit (in its own right of way). Mayor Silvestrini asked if the S-line would extend east. Jacobs said they were considering it. Council Member Marchant asked about the streetcar speed being slow and affecting ridership. Jacobs said they were predicting the ridership for each mode and expected 1,200-1,300 people riding the streetcar extension in 2050. He said streetcars were a walk extender rather than a means of cornmuting; it provides more options and more capacity for moving people. He said 1300 E. and Highland Drive were similar with performance on transit mode. Council Member Jackson said businesses on Highland Drive felt that Highland was less suited to handle a mass transit option. Jacobs said the performance mode for the streets would get the same amount of ridership. He said there were more right-of-way impacts on Highland Drive to the cornrnunity than 1300 E. Jacobs said the study data would go live soon. 2. Planning Item First Reading: a. ZT-20-008, Amendments to Millcreek Code Chapters 19.04, 19.44, and 19.78 Pertaining to A'IulLifaniil) Ili,iidential Standards and Planned Unit Developments; Francis Lffly, Planning and Zoning Director Francis Lilly said the Planned Unit Development (PUD) Code was changed before Millcreek became a city and then Millcreek adopted what Salt Lake County had. He said the Millcreek Residential Moderate (RM) Zone code was changed in early 2018. Lilly said staff had noticed what was and was not working and these changes would bring code up to current standards, reduce conflict between codes, and respond to concerns raised by developers on how the codes were written. He said his staff report was exhaustive, but his presentation would not be. The plaru'iers had done project autopsies when updating other zone codes in the past, so that was done again by staff, the community councils, and Planning Commission. The general consensus items were that side setbacks in the RM zone were too narrow, private lanes could be narrow, ugly utility placement, not enough trees, design standards needed work, and amenities and open space may not be adequate. Areas of disagreement were front yard setbacks and preferences towards modern or traditional architecture. The potential fixes for the PUD and RM codes were to align and enhance open space requirements. The PUD code needed to be streamlined. Lilly pointed out that it referenced documents that did not exist. He said developments on a public right-of-way, of at least 60 feet in width, and had a minimum of 8 units and 100 feet of frontage in a higher density zone and 150 feet of frontage in a R zone could qualify for a reduction from the 3-acre minimum requirement. The proposal would also add desired garage, waste retrieval, and fencing requirement amendments and would remove unnecessary language such as density bonuses and mixed-use standards which are covered in different zones. Lilly then reviewed potential RM Code fixes. He said the proposal would be easier to read because too many substantive requirements were in the footnotes of the current code. Staff redesigned the code with tables and clear sections. The proposal added better design standards with an 80% brick or stone fagade requirement. He highlighted different projects in the city on the exterior building material. The proposed amendment would also allow for marginal increases in allowable height, similar to the C Zones, marginal increases in interior side yard setbacks, and provide clarity on roadway standards. Meg Bond, Northstar Builders, supported the higher end finishes and expressed gratitude for Millcreek listening to constituents, local developers, and builders. Mfflcreek City Council Meeting Minutes 8 March 2021 Page 3 of 8 Mayor Silvestrini said in proposed code 19.44.050(A)(5) Building Materials, the last sentence requires that materials be varied between the ground floor and upper floors and he wondered why that was wanted if the material was brick. Lilly said he would fix it. Mayor Silvestrini asked about the minimum requirement of 6 feet of height in private garages and wondered if it was enough. Lilly said developers would typically put stairs or the like in it and not leave enough room for parking. He wanted to specify a minimum clearance. Mayor Silvestrini pointed out that trucks that did not fit in the garage would end up parked on the street. Bond suggested taking it up to 7 or 8 feet. 4. Staff Reports There were none. Council Member Uipi moved to adjourn the work meeting at 6:59 p.m. Council Member Marchant 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 Recognition of Claire Keller for Heroic Action Mayor Silvestrini recognized Claire Keller for heroic action. "Millcreelc resident Claire Keller is a member of the Skyline Eagles Swim Team. She has worked summers as a lifeguard for SaltLake County Parks and Recreation at the Holladay Lions Center in Millcreek. On February 20, 2021, at the state 5A Swimming Championship competition held at the Wasatch Aquatic Center in Heber, Utah, Claire was responsiblefor saving the life ofMurray High School Coach Adam Hoff Mr. Hoff had choked rtpon a piece of chewing gum and collapsed in the balcony of the competition pool area. His airway was compromised, and he had lost the ability to breathe. Acting quickly, Claire ran to his aid and assisted in his recovetry by performing a "jaw thrust" to maintain his airway and administering CPR rmtil EMS arrived on scene.By acting quickly and jcnowledgeably, Claire Keller was able to revive Mr. Hoff and quite possibly saved his life. We are proud of the work of this Skyline student and Millcreek residentfor her quick thinking and heroic actions in performing life-saving actions. Thank you, Claire. As Mayor of Millcreek, I am pleased to recognize you for your heroic actions! Dated this 8th day of March, 2021. Millcreek City Council Meeting Minutes 8 March 2021 Page 4 of 8 1.3 Public Comment Bryan Griffith, 1411 E. Ehn Leaf Cove said he was told by planning staff that his rezone application would be before the City Council that night for their consideration, but it was not, and he wanted to know why. Mayor Silvestrini did not know and asked him to get in touch with the Planning Director, Francis Lilly. Mayor Silvestrini read a comment received via email from John Knobold into the record. "Hi Mayor and Council- I'd like to give my opinion on item 2.3 Discussion and Consideration of Ordinance 21-07 for Monday's Covmcil meeting. As you may know, I'm a trail and outdoor The recreation advocate. issue of dog leash and poop clean tip requirements is important to trails and open space arid I've been involved with those issuesfor a decade. In short, I recommerxdthat you hold off on approvirig Ordinance 21-07 at this time. A few poirtts to note- 1. I've discussed the confusing dog leash requirement signage at Grandeur Pealc Open Space with SLCo P&R for years. 2. When it was apparent that different agencies interpreted the County Animal Control Ordinance differently, I asked the County DA's office to step in to give a formal interpretation to try to clarify the confitsing existing ordinance. 3. I've personally counted and picked ttp an inordinate amount of dog feces from Grandeur Peak and Neffs Canyon. 4. While most dogs off-leash are well behaved on trails, I've certainly have witnessedsome bad behavior also, including being personally being chased and young children being knocked over by rambunctious dogs. 5. I havefollowed and provided written commentsfor a couple of years now on theproposed revisions to the County Animal Control Ordinartce being developed by Talia Butler. 6. Talia recently said that she is working to revise the ordinance to resolve the Domestic Fowl language to meetMillcreek's desires. 7. Fhile we certainly may not want to change the dog leash requirements on Grandeur, I believe the Open Space belongs to SLCo and it's not clear that we can control the rrdes that they set on their property. 8. I think a reasonable course of action is to continue to negotiate and have the dialog with SLCo to establish part of GrandeurPeak Open Space as an official dog off-leash area. 9. There are many aspects of the newly revised CountyAnimal Control Ordinance that are very important and good. One example is that the current ordinance does not say "when" dog poop needs to bepicked ttp, so it is impossiblefor the poop pick-up provisions of the law to be enforced. This is a seriousflaw that needs to befixed and then addressed with education and enforcement. There are many other important changes in the revised ordinance. 10. There is a benefit to Millcreek by being served by County Animal Control Services and it is very difjficult for them to help us if the rtdes are not consistent. I recommend that you hold off on approvirxg Ordinance 21-07 at this time. Johri Knoblock" Council Member Uipi moved to reorder the agenda to discuss remaining items from the work meeting. Council Member Catten seconded. Mayor Silvestrini called for the vote. An Council Members voted yes. The motion passerl 1mflnykkuu.sly. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items Mayor Silvestrini said there had been discussions about constructing pickleball courts at Canyon Rim Park. He said the Council was considering allowing a fundraiser for the courts. Millcreek City Council Meeting Minutes 8 March 2021 Page 5 of 8 Laurie Johnson said she would bring the next budget amendment before the Council at the next meeting, and it included an additional $1.2 million in the Capital Improvement Project (CIP) fund. Mayor Silvestrini said it could be used for the pickleball courts with fundraising for the optional lighting. Council Member Marchant asked how the donations could be tax deductible. Mayor Silvestrini said if donations were to the City, it would be tax deductible. Johnson said she had done this in the past and it was difficult to get the funds transferred to the City. She said a previous GoFundMe situation was a nightmare. She would accept check or credit card payments and the City could issue a letter for the tax exemption. Council Member Catten suggested Venmo for people to pay through a PayPal transaction. Johnson said she would need to look into legal terms. John Miller said two tennis courts would become six pickleball courts. He said the cost for nine courts would be just over a quarter million dollars. The additional three courts were more expensive due to grading issues. Council Member Marchant asked if the courts would be self- managed. Council Member Jackson said yes. Mayor Silvestrini said there could be time limits. The Council gave staff direction to move forward. 3. Discussion of Second Driveway Policy; Mayor Silvestrini Mayor Silvestrini said a constituent was being hassled by code enforcement because he installed a second driveway without a permit and Millcreek does not allow it. Mayor Silvestrini pointed out that there are many secondary driveways in that neighborhood. He said the recent H.B. 82 allows for accessory dwellings units and cities will be able to require one additional off-street parking space but he wondered where they would go. He felt it was a policy decision on whether to allow second driveways. Francis Lilly reviewed the current standards in code: @ Single family dwellings are permitted only one access unless it is circular. * No more than fifty percent of the property frontage along the street be used for driveway purposes. * Single-family dwellings on corner lots may be permitted one access on each street it fronts. * All driveway grades shall not exceed ten percent within twenty feet of the roadway boundary. * There shall be a minimum ten feet distance between all approved driveways. * Driveways shall be a minimum of five feet from a side property line at the front lot line. @ The minimum street driveway width at the property line for a driveway shall be ten feet and the maximum shall be thirty-five feet. * There shall be a minimum of thirty-five feet between the entrances of circular driveways. * A minimum five-foot radius or flared section shall be used. * No radius or flare portion of a driveway shall intersect the adjacent property line except where shared driveways are utilized. * On corner lots, driveways shall be set back a minimum of twenty feet from the intersection right-of-way lines. Lilly showed the Council diagrams illustrating the driveway requirements. Council Member Jackson asked about nonconforming properties. Lilly said a nonconforming driveway could be maintained or replaced. Mayor Silvestrini said the extra driveways may save water from watering landscaping but created more storm water as an impervious surface. Lilly then showed picture examples of appropriate and inappropriate residential driveway parking in the city. Miller Millcreek City Council Meeting Minutes 8 March 2021 Page 6 of 8 pointed out that front yards had to be landscaped 50%. Lilly said staff recommended that second driveways be allowed with a pennit through Public Works that meet the following minimum standards: * Make second driveways only available to properties that have a minimum of 55' of lot width. @ Meet current driveway standards. * Does not adversely affect adjoining properties (stori'n water, retaining walls, landscaping, etc.). * Does not adversely affect existing curb, gutter and sidewalk or the future placement of public improvements. * Meet clearview standards and requirements. * Undergo a site plan review where Public Works reviews and does a site visit... Lilly pointed out that some other cities had standards for second driveways. He said if the goal is to create more opportunities for off-street parking, the Council should consider allowing second driveways in certain circumstances. Council Member Marchant mentioned that there was a need for more parking because streets were full of parked cars. Mayor Silvestrini did not want to jeopardize the integrity of streets or create drainage problems. Council Member Catten asked about gravel driveways. Lilly said that type of driveway would violate code. Miller said the right-of-way was not just for vehicles and pointed out that clearview/safety was a large factor as was drainage. He said not all locations could handle another driveway such as cul-de-sacs. Council Member Marchant said his goal was to get cars off the street. The Council decided to look into allowing second driveways. 2. Business Matters 2.1 Discussion and Consideration of Resolution 21-02, Approving a Local Government Understanding and Agreement Regarding the 3300 South Corridor Study Mayor Silvestrini said the Wasatch Front Regional Council gave Millcreek a Transportation Land Use Connection (TLC) grant. Miller said there was a $5,000 match. Mayor Silvestrini said the grant was split with South Salt Lake City and the study was of 3300 S. from I-15 to I-215. Council Member Uipi moved to approve item 2.1. Council Member Jackson seconded. John Miller clarified that Millcreek's match portion was $8,000 not $5,000. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 2.2 Discussion and Consideration of Resolution 21-03, Approving an Interlocal Cooperative Agreement behveen City of Holladay and Millcreek Regarding the Micro-surface of 3900 South Street just East of Highland Drive Eastward to 2300 East Street Mayor Silvestrini said Holladay would like to do a surface treatment of 3900 S. and this agreement would split the cost with Millcreek. Miller said this was an appropriate surface treatment for that section of the road. The cost was $130,000, each city paying for half. Councn Member Uipi moved to approve item 2.2. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously, Millcreek City Council Meeting Minutes 8 March 2021 Page 7 of 8 2.3 Discussion and Consideration of Ordinance 21-07, Amending Title 8, Entitled Animals, of the Millcreek Code of Ordinances to Adopt Title 8 of the Salt Lake County Code as it Existed on February 8, 2021, as the Local Law Within the Incorporated Boundaries of the City Mayor Silvestrini said this ordinance would amend Title 8 and adopt Salt Lake County's Code as it existed on February 8, 2021 instead of what the County was proposing to adopt. Mayor Silvestrini said the County was looking to amend the domestic fowl ordinance and require dogs to be on leash in all areas of the County. Mayor Silvestrini said he conveyed to the County that the Council would adopt the old ordinance. He said the County would like to meet with him later in the week. The County is capable of enforcing different ordinances in different areas of the County. He felt it was better for the Council to adopt the ordinance and amend it in the future if necessary. He did not want to go through a long process on domestic fowl and dogs by changing the ordinance. Council Member Jackson asked how hard it would be to address the issues John Knobold brought up. Mayor Silvestrini said he would add some amendments to clarify the code, adding "Grandeur Peak" to open space and that people "shall immediately" clean up after their dog. Council Member Uipi did not want to go through an extensive domestic fowl process. Mayor Silvestrini suggested adding the term "public open space" to section 8.01.010(B)(8) under the definition of "nuisance." Council Member Jackson asked about the canyons being open space. Mayor Silvestrini pointed out that Millcreek Canyon was not in Millcreek's jurisdiction, but Grandeur Peak was. He then said he wanted to add "Grandeur Peak" and not "open space" in case areas of Millcreek Common were considered open space. Council Member Jackson moved to continue item 2.3 to the next Council meeting. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3. Reports 3.1 Mayor's Report Mayor Silvestrini gave a brief legislative update and said some of the most concerning bills in the legislative session either did not pass or were compromised to acceptable standards. In the quarter of the quarter bill, Millcreek was able to get $1 million in one- time funding and $500,000 a year for the next 15 years. He said the State approved funding transportation projects, education, and affordable housing. He announced that the Millcreek Common groundbreaking would be the following day and on April 231'd,St. Mark's Hospital would have a groundbreaking for the new tower. He said Salt Lake County would not participate on the Medtech Community Reinvestment Project Area. 3.2 City Council Member Reports Council Member Marchant thanked the Mayor and Mike Winder for their work during the legislative session. Winder concurred on the Mayor's participation. Council Member Catten thanked Winder for his work with the Jordan River. Mayor Silvestrini thanked the County Council for Millcreek's appropriation on the Jordan River. Millcreek City Council Meeting Minutes 8 March 2021 Page 8 of 8 3.3 Staff Reports Mike Winder appreciated the Council for letting him participate in the Legislature 4. Consent Agenda 4.1 Approval of December 21, 2020 Meeting Minutes 4.2 Approval of January 12, 2021 Special Meeting Minutes 4.3 Approval of February 8, 2021 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve item 4.1 through item 4.3. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 5. New Items for Subsequent Consideration There were none. 6. Calendar of Upcoming Events * Plaru'iingCommissionMtg.,3/17/21,5:OOp.m.atCityHall * City Council Mtg., 3/22/21, 5:00 p.m. at City Hall ADJOURNED: Council Member Uipi moved to adjourn the regular meeting at 8:54 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. IPROVED:J, Jeff Silvistrini, Mayor Attest: