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City Council

Regular Meeting

Millcreek, UT · March 22, 2021

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Minutes of the Millcreek City Council March 22, 2021 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 March 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 comment. 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 (electronic) Francis Lilly, Plaru'iing and Zoning Director (electronic) Mike Winder, Assistant City Manager (electronic) Laririe Johnson, HR-Finance Director (electronic) Erin O'Kelley, Plaru'ier (electronic) Attendees: Rachel Anderson (electronic), Samantha DeSeelhorst (electronic), Pam Roberts, Aimee McConkie (electronic), Chief Duane Woolsey (electronic), Russ Booth, Christian Larsen, and Chief Steve DeBry. WORK MEETING - 5:00 p.m. TIME COMMENCED: 5:00 p.m. Mayor Silvestrini called the work meeting to order. 1. Wasatch Front Waste and Recycling District Local District Discussion; Pam Roberts, CEO Pam Roberts said the Wasatch Front Waste and Recycling District (WFWRD) was first created in 1977 under the County Corninission to provide sanitation services for unincorporated County. In 2010, the County created the Administrative Control Board and ever since then the board members have requested more autonomy from Salt Lake County governance. In 2013, the District became a special service district. Rachel Anderson, WFWRD Legal Counsel, reviewed the differences between special service districts and local districts. She said local districts are completely independent and special Millcreek City Council Meeting Minutes 22 March 2021 Page 2 of 12 service districts are tied to the entities that created them. She said there was no legal method for allowing the conversion until 2013. The process would require the County to adopt a resolution of intent and hold a public hearing, the municipalities must consent to the reorganization, and then the County Council approves a resolution reorganizing the District. Anderson said each municipality served by the District would have to approve. She said WFWRD's goal all along was to become independent. Council Member Jackson asked about the advantages of a local district. Anderson said being nimble and not having the County revoke the administrative authority of the District. Roberts said the County could have two Board representatives. She said the Board does not have a weighted vote based on municipal size, but if they wanted to, they would have to get permission from the County. Mayor Silvestrini asked if weighted voting was allowed for local districts. Anderson said it was not required under state statute. Mayor Silvestrini asked about charging fees since special districts can levy property taxes. Anderson said as a local district, the Board would be imposing it and not the County. Roberts said an enterprise fund gives the district more flexibility over taxes that come in once a year. Anderson said everyone produces waste so its easier to distribute the fee equally. Roberts said six cities had approved the reorganization resolution so far. Council Member Jackson asked if this would affect the transfer station. Roberts said the transfer station and land fill agreements would not need to be altered. Anderson confirmed. 2. H.B. 411 Community Renewable Energy Act Discussion; Samantha DeSeelhorst, Sustainability Analyst Samantha DeSeelhorst said the following terms all referenced the same program, H.B. 411 or House Bill 411, Cornrnunity Renewable Energy Act, Renewable Energy Program, and Utah 100 Communities. H.B. 411 was passed in the 2019 Utah Legislative session. The bill authorized the Community Renewable Energy Program, a collaboration between Utah cornrnunities and Rocky Mountain Power to provide the option of net-100% renewable electricity to community members. Participating Utah municipalities then formed the Utah 100 Communities working group to determine program details and keep the process moving. The first and most recent step for program participation was to pass a resolution by the end of 2019 aspiring toward net-100% renewable electricity by 2030. Twenty-three Utah communities, including Millcreek, completed this step. The next step for those cities will be signing the governance agreement which outlines processes for voting, cost-sharing, and other administrative elements of the program. DeSeelhorst said it is a single agreement that must be signed by all participating communities which helps create a unified program structure. Over the past year, staff representatives from each community and legal representation have been collaborating on a draft of the governance agreement. Mayor Silvestrini pointed out that City Attorney, John Brems, was the lead in drafting the governance agreement. DeSeelhorst said for continued participation in the program, communities should plan to sign the governance agreement by July 31, 2021. DeSeelhorst said the governance agreement proposes two different methods for voting, pre- implementation, and post-implementation. Pre-implementation voting is a simple community vote, with the option to call for a weighted vote. The vote will be weighted by "participation percentage," which changes throughout the timeline (initially it is determined by population and electric load, then payment amount, and then actual participating electric load). Post- Millcreek City Council Meeting Minutes 22 March 2021 Page 3 of 12 implementation voting for changing program elements would be a supermajority of communities and majority of electric load and for procuring new resources, a majority of communities and majority of electric load. The voting has been tailored to allow for flexibility and security. DeSeelhorst explained that the program must include low-income community engagement. Each participating community can determine what type of engagement is most helpful for their residents because the bill is loose on what is required. Since the program is the first of its kind, there are several initial costs associated with set up that must be covered by participating communities, not Rocky Mountain Power users. The program costs consist of non-noticing costs and noticing costs. The non-noticing costs cover the community expert, Rocky Mountain Power application fee, and Office of Consumer Services and/or Department of Public Utilities review of program details. The noticing costs include the individual cost for each cornrnunity to mail two opt-out notices to each Rocky Mountain Power customer within their jurisdiction. The governance agreement states that the non-noticing costs will be shared amongst the participating communities based on 50% coi'mnunity electricity load and 50% on community population and the noticing cost will not be shared but covered by each community in direct proportion to the amount of notices each community needs to send. Millcreek's total estimated non-noticing cost would be $36,842.80 and the noticing cost would be $19,721.50. If needed, the non-noticing costs can be split over two fiscal years. These costs are related to standard participation. DeSeelhorst then explained what an anchor coininunity was. Anchor coinmunities pay more up front to get the program going, then as other comi'nunities join and begin paying, the anchor cornrnunities' payments would.shrink proportionally. Council Member Jackson asked about being locked into the program as an anchor community. DeSeelhorst said the governance agreement would not penalize anchor communities for withdrawing from the program. Mayor Silvestrini said Millcreek would not have to proceed further as an anchor community or by signing the governance agreement. The anchor corni'nunity investment is to ensure the program moves forward. As an anchor coinrnunity, Millcreek could get paid back as other municipalities joined. He said there would be a risk to not recovering the anchor corni'nunity investment. Council Member Jackson asked about other anchor communities. Mayor Silvestrini said Salt Lake City would be contributing a substantial amount toward the program as an anchor community. DeSeelhorst said about five communities were prepared to be anchor communities. She said though there were options to stop participation, there would still be money on the line. Council Member Catten asked if Millcreek paid to be an anchor coinmunity then participated as a regular community if the funding would get paid back. Mayor Silvestrini said it depended on how many municipalities participated. Council Member Marchant asked if Millcreek is not an anchor community if Millcreek could still participate in the program. Mayor Silvestrini said yes, with the $38,000 coinmitment. DeSeelhorst said the Council had three options, do not participate, participate at a standard level, or participate as an anchor community level. John Brems said there would be a maximum for participation cornrnitment. DeSeelhorst went over the anchor community benefits: to allow the program to begin at the earliest possible date, to stabilize costs for participating communities, to receive greater voting power, and to ensure Millcreek residents have the option of renewable energy. The anchor community costs for Millcreek would be Millcreek City Council Meeting Minutes 22 March 2021 Page 4 of 12 $86,808.97 for non-noticing and the fixed $19,721,50 for noticing. She presented a graphic of possible anchor community scenarios for non-noticing costs and budget guidance. Mayor Silvestrini asked about the anchor corninunities. DeSeelhorst said she did not know which coinmunities had officially become anchor communities. Mayor Silvestrini asked for the feel from Cottonwood Heights and Holladay. DeSeelhorst said they were not receptive to being an anchor community. Council Member Jackson asked how many anchor communities equated to the projected participation cost. DeSeelhorst said five-six communities. Council Member Jackson felt that the listed benefit of being an anchor community, "ensure Millcreek residents have the option of renewable energy," was misleading because that was not how the program was designed and there were other options for renewable energy. DeSeelhorst appreciated the clarification. John Brems said there was a failsafe mechanism that if there were not at least five anchor communities, the program would end. DeSeelhorst provided three decisions for the Council to make; if Millcreek should become an official participating community by signing the governance agreement, if Millcreek should become an anchor community, and who would be the primary and alternate board members to represent Millcreek in the agency formed by the agreement if Millcreek was going to participate. Council Member Catten asked how long the Council had to decide if they were going to be an anchor cornrnunity. DeSeelhorst said by July in signing the governance agreement but it would need to be included in the next fiscal year budget which would need to be approved before then. 3. Venture Out Report; Aimee McConkie Mike Winder said Aimee McConkie would be the new City Events Director and Millcreek Comn"ion Executive Director. Mayor Silvestrini said there were more than 150 applicants for the position. Aimee McConkie expressed excitement for the new position. She presented the Council with the suinrner Venture Out schedule. There would be a festival series through June, movie nights in July, and big events in August-October. She announced a new event, Camp Tracy adventure weekends. There would also be a celebration for World Refugee Day on June 18fll. She said in the summer, 80 baru'iers would be installed on street poles in Millcreek along 3900 s., 2300 E., and 900 E. The summer program would be mailed out. She also announced that the at-home series from 2020 would be rebroadcast as well as new content. Mayor Silvestrini asked if there would be the annual pop-up dinner. McConkie said it might be held at Camp Tracy, but it was undecided due to the pandemic. She said the camp was designed as a fundraiser so people would pay to park and for their food. 4. FY 2021-22 General Fund Budget Parameters Discussion; Laurie Johnson, HR-Finance Director Laurie Johnson went over the proposed employee related expenses: 1.5% cost of living adjustment increase, 2.5% merit increase, a medical benefit increase of 5.9%, a dental increase of O.5%, and no change on retirement. She said the Unified Police Department (UPD) contract costs $11 million, and Millcreek had collected $10.8 million in property tax. The new contract for the coming year would be $12 million though she proposed no property tax increase. Mayor Silvestrini said the UPD Board was considering a 5.26 % increase for its officers. Johnson anticipated a property tax increase the following year to maintain covering costs. She then gave budget highlights on the General Fund. The funding for Venture Out would be reinstated to the pre-pandemic level of $150,000. A new budget was created, "Events/Millcreek Common," the Legislative Policy budget would be renamed, "City Mmcreek City Council Meeting Minutes 22 March 2021 Page 5 of 12 Facilities," election costs would be $50,000, and recodification with the planning department would be $100,000. The fund balance at the end of FY 2021 was projected to be $7,857,226 (26.42%), and the at the end of FY 2021 at $8,007,303 (29%). Johnson said cities can now go up to 35% in 'fund balance instead of the prior 25%. 5. FY 2021-22 Storm Water Fund Preliminary Budget Discussion; Laurie Johnson, HR- Finance Director Johnsons said there would be no clianges in revenue projections; $2,780,000 in stori'n water fees. The Public Works Department was planning to purchase a vactor and sweeper for $350,000. Johnson said the line-item budget would be presented at the April 12' Council meettng. She then reviewed the FY 2022 budget calendar. On April 12f'l, the Council would tentatively adopt the tentative budget, on April 26"1 the public hearing on the tentative budget would take place, on June 14"1 the Council would adopt the budget, and on June 28fll the FY 20-2021 final budget amendment would be adopted. Mayor Silvestrini said the National Association of Counties presented the amount of money that Millcreek may receive from the American Recovery Act and the City may need to recognize that revenue. Johnson asked about putting a place holder in the budget for the Energy Renewable Act Program. Mayor Silvestrini said the Council would discuss it at a future meeting. 6. Staff Reports Francis Lilly said phase one of Millcreek Cominon was underway and was due to be completed by winter 2021. He said Hogan and Associates provided a guaranteed maximum price of $9,152,451. EPG, the project designer, extended the design fee to $577,709, 6% of construction cost, which covers the revised master plan and a basement for the ice support building. Winder pointed out that the figure included what had already been paid as well. He reported that the fault line was not where it was originally thought to be. Mayor Silvestrini said with the technical work to find the fault line, it was discovered that the line was more to the east than anticipated which has created revisions with developments and the park location. Lilly anticipated that this was the last contract extension. The Council did not refute the extension. Lilly said the architectural program for the future City Hall was almost complete. He said it was an ambitious city hall concept by MHTN, Inc. He reminded the Council that MHTN scored the highest out of a competitive RFP process involving seven qualified firms. He asked the Council if Millcreek should continue with MHTN with the next phase. He recomi'nended it though he did not know what the next phase looked like. Council Member Marchant supported Lilly's recommendation. Mayor Silvestrini said the fee was based on a percentage of the cost of the building. Lilly anticipated a contract in the millions of dollars. Mike Winder said staff felt good about moving forward with MHTN. Mayor Silvestrini agreed that it was important to have someone at the table representing Millcreek to speak to the architect. He said he was troubled not going through a competitive process. John Brems said ordinance allows the City to choose a firm based on qualifications. Mayor Silvestrini asked if there was an expectation in the architectural field that a scoping contract leads to an architectural contract. Lilly said it was not uncomtnon. Mayor Silvestrini said there would be a learning Mfflcreek City Council Meeting Minutes 22 March 2021 Page 6 of 12 curve with a new firm. Council Member Jackson asked how funding for it would work out. Winder said staff would discuss bonding options at the next Council meeting. Lilly said there would not be an eminent contract. He proposed breaking up the contract into phases. Johnson said $1.2 million would be moved into the Capital Improvement Project fund with the next budget amendment and that could pay for this project until long-term funding was in place. Council Member Catten said for continuity, it made sense to go with MHTN. Mayor Silvestrini asked for MHTN to present the program document at the next work meeting. Lilly said staff was contemplating three potential development agreements involving the City Center and there would be potential for the need to change the City Center Overlay Zone (CCOZ). Development agreement 1 would be for development at the corner of 1300 E. and 3300 S. and would include: moving the commercial requirement from the southwest corner to the opposite eastern corners, City Hall and a public market on the northwest corner, a restaurant on the southwest corner, limited to no setback with the City acquiring the fault line boundary, shared parking with the City to contribute to the parking structure use, a custom parking ratio, no stepback, specific materials, and the project to be reviewed by a design review committee. Lilly said that because the fault line was more west than anticipated, the City was contemplating buying property to the east edge of Millcreek Common from the fault line setback. He said he keeps two concepts in mind with a development agreement, a "but for" and a tradeoff with an equivalent value. He then showed a preliminary site plan of the western side of Millcreek Common. Lilly reviewed development agreement 2 for property currently owned by Comcast between Miller and Woodland Avenues, which would include: modifying the commercial requirement along the park boundary with possible live/work units since the City does not want vehicular access there, the developer to build or contribute to an amphitheater in lieu of the commercial requirement, a 10 foot additional height proposed on account of the odd shaped parcel and to allow for two levels of parking, possible shared parking and a custom parking ratio, possible stepback allowances, a pedestrian path on the east side of the site, a potential arts component, and the project to be reviewed by a design review cornrnittee. Lilly said the idea for the second northern phase of Millcreek Common is a pedestrian experience. Lilly said MC33 had an approved project south of 3300 S. on Highland Drive for apartments. They want to change the project to condominiums, expand their project, and build a pedestrian bridge across 3300 South. Development agreement 3 would be for this project and it would require a contribution in lieu of open space, the pedestrian bridge. Lilly said it would involve an amended conditional use permit with an approval subject to the Council's approval of the development agreement since it did not involve a rezone. He said each required CCOZ amendment would stand on its own, requiring a text amendment approval by four community councils. He then proposed that staff look at creating a process in the CCOZ to allow a streamlined development agreement modification process. Winder requested flexibility for give and take with the city center. Council Member Catten asked about a sunset date on the modification of approval for development agreements. Lilly said the development agreements would be project specific, they would automatically expire after ten years, and the City could terminate agreements for non-compliance. 7. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items Millcreek City Council Meeting Minutes 22 March 2021 Page 7 of 12 There were none. Council Member Uipi moved to adjourn the work meeting at 6:54 p.m. Council Member Catten 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 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order then led the pledge of allegiance. Mayor Silvestrini said in December 2016, the Planning Coinmission was appointed. The Planning Corni'nission was involved in award winning city plans such as the General Plan, and they put forth a lot of work. He said Russ Booth and Fred Healey were founding members of the City and they recently retired from the Planning Comi'nission. Francis Lilly thanked the Comi'nissioners for their work. He presented a picture of Mt. Olympus to Russ Booth who was present. 1.2 Public Comment There were no comi'nents. 1.3 Millcreek Precinct Officer of the Month for February 2021 Chief Steve DeBry announced Officer Rob Walser as Officer of the Month for February 2021. Officer Walser deescalated a situation at St. Mark's Hospital with a veteran who was there for treatment. The Citizens Advisory Board presented Officer Walser with a gift. Mayor Silvestrini said this situation epitomized what the officers do day in and day out and that community policing passion was not recognized on the news. He thanked him for his work. Council Member Uipi moved to reorder the agenda to address item 3.1. Council Member Marchant seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously 3. Planning Matters 3.1 Discussion and Consideration of Ordinance 21-10, Rezoning Certain Property Located at Approximately 1411 East Elm Leaf Cove from R-2-10 (Medium Density Residential Zone) to R-1-21 (Single-Famny Residential Zone) Erin O'Kelley said the request was to rezone property for the purpose of allowing horses. The property was a single-family dwelling at the end of a private lane surrounded by property zoned R-2-10 and RM. The General Plan designates the property as Neighborhood 2 which ranges in residential uses. The down zone keeps with the General Plan. The neighbors supported the proposal. The Millcreek Cominunity Council and Planning Commission recommended approval of the rezone. Mayor Silvestrini said Millcreek City Council Meeting Minutes 22 March 2021 Page 8 of 12 whether Millcreek lias adequate provisions for horses was not relevant to the rezone request. Mayor Silvestrini asked for public comi'nent. There was no comment. Council Member Marchant moved to approve Ordinance 21-10 rezoning this property on Elm Leaf Cove (1411 East) from R-2-10 to R-1-21. Council Member Uipi seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 2. Financial Matters 2.1 Public Hearing on a Monetary Contribution of $41,000 to PIK2AR (Pacific Island Knowledge 2 Action Resources) Mayor Silvestrini said there was a study conducted that indicates that tl'iis expenditure would be consistent with the health and welfare of the residents of Millcreek. The City received a grant earmarked for the internet essentials program and there were not enough takers to utilize the funding but there was a need for rental assistance as covered by the grant. This does not cost Millcreek taxpayers anything, it was only a reappropriation of the grant to be used for the rental assistance program. He said the amount did exceed the $20,000 threshold in code which requires competitive bids, however it is a continuation of a program the City was already doing. Mayor Silvestrini certified that this was an exception to the procurement policy. Council Member Uipi moved to open the public hearing. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously There were no comi'nents. 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 2.2 Discussion and Consideration of Ordinance 21-08, Approving a Monetary Contribution of $41,000 to PIK2AR (Pacific Island Knowledge 2 Action Resources) Council Member Uipi moved to approve Ordinance 21-08 which approves this contribution of $41,000 of grant funding to PIK2AR for rental assistance. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 2.3 Public Hearing on Opening and Amending the FY 2020-21 General Fund and Capital Improvement Project Fund Budget Laurie Johnson said the budget amendment would increase the General Fund budget in the amount of $2,086,540 and increase the Capital Improvement Project (CIP) budget in the amount of $2,085,079. The amendment recognizes grant reimbursements of $900,789, a redistribution of property tax funds due to the receipt of CARES Act funds by $150,000, and a redistribution of General Fund revenues by $1,050,000, and reduced interest revenues by $15,000. The revenues included an increase in sales and use tax by $1 million, mass transit tax by $100,000, building perinits by $450,000, engineering Millcreek City Council Meeting Minutes 22 March 2021 Page 9 of 12 pen'nits by $250,000, liquor grants by $4,742, federal grants (CARES Act funds) by $150,000, Class C Road funds by $100,000, planning fees by $5,000, miscellaneous income by $23,323, and donations by $4,825, and a reduction in special events by $1,350. Johnson then reviewed the expense changes. The Mayor and Council budget increased to prepay a single audit with CARES Act funds. The "City Manager" budget was renamed to "City Management." The Legal Services budget increased to cover additional miscellaneous expenses. The Public Safety budget was updated to account for CARES Act funds and the actual amount of the alcohol tax grant. The Building Services, Emergency Management, Legislative Policy, and Planning and Zoning budgets increased to cover personnel expenses. The Economic Development budget increased to cover professional services and retail promotion expenses. The Non-Departmental budget increased to cover additional transfers to CIP and Fund Balance, and to cover banking expenses. The Facilities budget increased to cover additional utility expenses. The IT Management budget increased to cover additional equipment and software expenses. The Promise Program had adjustments to incorporate additional donations. The Public Works budget decreased due to increased appropriation of Class B & C Road funds to cover the Salt Lake County contract. The Class B & C Road budget increased proportionate to the increase in revenue. Johnson said the projected additional fund balance at the end of FY 2021 would be $1,661,221 bringing the percentage of the General Fund budget to 24.69%. The CIP budget had an increase in miscellaneous revenue and transfer from the General Fund, and a reduced interest. She said on the expense side, the City reimbursed sidewalk projects and added $1.2 million into miscellaneous forupcoming projects. Council Member Marchant moved to open the public hearing. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. There were no comments. Council Member Marchant 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 2.4 Discussion and Consideration of Ordinance 21-09, Amending the 2020-21 Fiscal Year Budget Council Member Marchant thanked Johnson for her work. Mayor Silvestrini said as a community in a pandemic, it was amazing that so much sales tax could be generated. Council Member lVIarchant moved to approve Ordinance 21-09, approving the amendments as presented by Laurie Johnson. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3. Planning Matters Millcreek City Council Meeting Minutes 22 March 2021 Page 10 of 12 3.2 Discussion and Consideration of Ordinance 21-11, Amending Chapter 19.04, Repealing and Reenacting Chapter 19.44, and Amending Chapter 19.78 and Diagrams of the Millcreek Code of Ordinances Francis Lilly said definitions for "lot coverage" and "non-depository institutions" would be added to Title 19. The changes to the multi-family ordinance would be a repeal and reenactment and the PUD ordinance would be amended. He said the revisions came from lessons learned over the last couple of years with the existing code and consultation with staff, developers, and the Planning Coi'nunission. He did incorporate the recommendation from developers for potential reductions in required stepbacks and setbacks if a fagade is almost entirely brick or stone. He did not take their recommendation of allowing a building length to be longer than 200 feet. Mayor Silvestrini asked for public comi'nent. There was no coinrnent. Council Member Catten moved to adopt Ordinance 21-11. Council Member Jackson seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 4. Business Matters 4.1 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 the Council discussed the item at the prior meeting. He said he had met with Salt Lake County to discuss Title 8. The Mayor wanted to maintain the existing code on domestic fowl. Additionally, he discussed his concern with the County citing people for having dogs off-leash on the City's eastern boundary. The County will move forward with their amend'i'nents to Title 8 but will not issue citations on Grandeur Peak open space (though signs will say otherwise) for off-leash dogs. Mayor Silvestrini said the domestic fowl ordinance would stay the same for Millcreek through this ordinance adoption, but it needed to be recodified so that the permits to have a chicken coop are sought and obtained through the City, not County. He said amendments to make Title 8 Millcreek specific needed to go through the City's public process. He said he got a letter from Amelia Walker about having chickens in a R-1-21 zone. Mayor Silvestrini said the zone in Olympus Cove included a zoning condition that prohibits animals other than household pets. He said the R-1-21 zone anywhere else in the City can have chickens, so the Council could look at reviewing that condition. He felt there should still be coop setback requirements and a limit on roosters. Council Member Uipi said the Council could review the policy later. Council Member Uipi moved to approve item 4.1 where line G. only lists open space (delete the reference to Grandeur Peak). Council Member Marchant seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously 4.2 Discussion and Consideration of Resolution 21-04, Approving Appointments to the Planning Commission Mayor Silvestrini said there were two open seats on the Planning Commission. The interview committee unanimously agreed on two candidates, Christian Larsen and Aryel Cianflone. Millcreek City Council Meeting Minutes 22 March 2021 Page 11 of 12 Council Member Uipi moved to approve item 4.2. Council Member Catten seconded. Council Member Jackson requested District 1 and 3 representation in the future. Christian Larsen thanked the Mayor and Council for their trust in him and Aryel Cianflone. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 4.3 Discussion and Consideration of Ordinance 21-12, Declaring Three Parcels of Real Property of Approximately O.5 acres located at 1321 East 3300 South, 0.59 Acres Located at 1329-1333 East 3300 South, and O.77 Acres Located at 1341-1363 East Chamber Avenue and 1334 East Woodland Avenue (an Aggregate of Approximately 1.86 acres) as Surplus; Establish a Minimum Bid; and Establish a Method to Determine the Highest and Best Economic Returns to the City Mike Winder showed the Council a picture of the fault line in the City Center with the legal setback line. He said it cut into the Millcreek West project, so the plaza was redesigned accordingly. To get the block of property, the City had to do some property trades. He said the old property previously purchased would be surplussed with the minimum bid being $1 more than the City purchased them for. Staff was in the process of signing a purchase trade agreement to trade parcels with Cottonwood Development. Mayor Silvestrini said the ordinance would declare the property as surplus so they could be auctioned with a minimum bid set. Winder said without the property trades, a buyer would be foolish the buy the property in the fault zone. Council Member Jackson moved to adopt Ordinance 21-12 declaring three parcels of real property as surplus. Council Member Uipi seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 5. Reports 5.1 Mayor's Report Mayor Silvestrini said the UPD budget would be increased by 5.26% for the next fiscal year for personnel benefits. 5.2 City Council Member Reports Council Member Catten said she met with students representing the Seven Greenways Vision Plan, which was exploring the vitality of the seven tributaries that lead to the Jordan River. The students are collecting information and input on how people use them or how they might be used in tlie future (sevengreenwaysvisionplan.org). Council Member Marchant asked about in-person meetings in the future. Mayor Silvestrini said the state-wide mask mandate worild change April 1@Ill.He expected to continue wearing masks at City Hall beyond that. He wondered about a hybrid option. Council Member Jackson recoini'nended that all the Council comes in together or remain electronic until that time. The Council decided to attend meetings in person in April. Mayor Silvestrini said the GoToMeeting platfonn could still run without the Council Members on it. 5.3 Staff Reports Mayor Silvestrini said Kurt Hansen sent an email to the Council about Romac Services picking up shopping carts around the valley. He said the City could hire them for a Mfflcreek City Council Meeting Minutes 22 March 2021 Page 12 of 12 couple of hours a week and the cost would be less than what was previously discussed. Council Member Catten supported hiring them. Council Member Marchant asked what they do with the ones being used by the homeless. Hansen said they only collect abandoned carts. 5.4 Unified Police Department (UPD) Report Chief Steve DeBry reviewed the February 2021 crime statistics. There were 2,450 calls for service, 863 total cases, 379 total citations, and 42 booking arrests. There were 25 assaults, 16 burglaries, 15 drug offenses, 63 family offenses, 126 larcenies, 3 robberies, 5 sex offenses, and 40 stolen vehicles. He compared the crime trend statistics from January and February 2021 in a bar graph; there were more total calls, cases, and booking arrests in January, and more citations in February. The area around the transition shelter had 86 police responses. Chief DeBry mentioned the SafeCam Program. He shared a social media post from a grateful resident who was able to get their stolen bike back thanks to the Millcreek Street Crimes Unit. He thanked Auberge for supporting the officers. He reported that the Cominunity Oriented Policing (COP) Unit partnered with Salt Lake County Health Department to provide resources to one homeless group in February. The camp site on Central Avenue was cleaned and restored. The COP Unit investigated three graffiti cases and the UPD Graffiti Removal Team cleaned it. Council Member Uipi thanked Chief DeBry. 5.5 Unified Fire Authority Report There was no report. 6. Consent Agenda 6.1 Approval of December 17, 2020 Special Meeting Minutes 6.2 Approval of February 22, 2021 Work Meeting and Regular Meeting Minutes 6.3 Approval of February 24, 2021 Special Meeting Minutes 6.4 Approval of March 8, 2021 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve items 6.1-6.4. Council Member Jackson 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. 8. Calendar of Upcoming Events ADJOURNED: Council Member Uipi moved to adjourn th:e regular meeting at 8:26 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion APPROVED: Date Ap'l '27 "'D;Ll Attest: El!"Lity Recorder

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