City Council
Regular MeetingMillcreek, UT · March 22, 2021
Minutes
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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