City Council

Minutes of the Millcreek City Council August 9, 2021 6:30 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 August 9, 2021 at City Hall, located at 3330 S. 1300 E., Millcreek, UT 84106. The meeting was 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 Elyse Sullivan, City Recorder Dwight Marchant, District 2 (excused) Kurt Hansen, Facilities Director Cheri Jackson, District 3 Mike Winder, ASSiStant City Manager Bev Uipi, District 4 Laurie Johnson, HR-Finance Director Robert May, Planner Attendees: Samantha DeSeelhorst, Angel Vice, Paul Aldous, Representative Stephanie Pitcher, and Chief Steve DeBry. WORK MEETING - 6:30 p.m. TIME COMMENCED - 6:32 p.m. Mayor Silvest called the work meeting to order. 1. Sustainabihty Action Plan Review; Samantha DeSeelhorst, Sustainability Analyst Samantha DeSeelhorst said the purpose of the Sustainability Action Plan was to: 1) coordinate sustainability efforts among the tri-city region of Millcreek, Holladay, and Cottonwood Heights; 2) provide a consistent sustainability vision for the future; 3) clarify city sustainability goals for interested community members; and 4) qualify for various sustainability grants and incentives. She reviewed the timeline of the plan which started in the surnrner of 2019. She said the plan attempts to balance the needs and desires of each community. To be effective, it must be general enough to apply to the whole tri-city region, while also being specific enough to represent areas that each city is passionate about. Some strategies and policies may be more applicable to one city than others. Each community can determine which areas they wish to focus on, and at what speed/timeline. She anticipated that staff would use the plan to make regular recommendations on areas of sustainability focus. She then went over the updates to the plan since it was last presented to the Council. In the City Content section, she added additional projects to each city's lists of accomplishments. In the Development section, she added language related to considering solar and electric vehicle infrastructure during development processes. In the Energy Use section, she altered Community Renewable Energy Program language to Millcreek City Council Meeting Minutes 9 August 2021 Page 2 of 7 encourage program engagement rather than strict participation. In the Landscaping section, she altered tree inventory language to specify coordination with partner agencies. In the Waste Management section, she added language related to consideration of recycling market development zones and language related to existing conservation plans from water providers. In the Plan Partners section, she added the Utah Rivers Council and Tree Utah, and updated several staff titles for accuracy. Mayor Silvestrini said DeSeelhorst did a fine job incorporating the feedback the Council had provided. 2. Planning Matter First Reading: ZT-21-006, Technical Corrections Regarding Definitions, Noticing, and Planning Commission Membership; Robert May, Planner Robert May said staff was requesting the City Council adopt several technical amendments to the zoning ordinance, to clarify requirements, and to update the code to bring it into compliance with recent changes in state statute. He then reviewed the amendments. In 2018, the Planning Coinmission increased from seven to nine members, so section 10.05.060 needed to reflect that five members constituted a quorum. The major newspapers in Salt Lake County have gone to a weekly publication rather than daily, so the 2021 Utah Legislature passed S.B. 201 to eliminate the noticing requirement in newspapers. Millcreek code would be updated to reflect that. Section 19.04.439 of the Zoning Ordinance currently defines "Public Notices" and the noticing requirements. However, staff felt that having the noticing requirements of "Public Notices" in the definitions section of the zoning ordinance was not the proper place for it and should instead be in the administration section of the ordinance. He said staff proposed to have two new definitions for "Public Hearing" and "Public Meeting" in sections 19.04.438 and 19.04.439 and move the current sections of "Public Hearings and Meetings" (19.04.438) and "Public Notices" (19.04.439) to Chapter 19.02 General Provisions and Administration in two new sections 19.02.150 of 19.02.160. In the new section 19.02.160, the requirement for publication in a newspaper would be eliminated. In addition, staff recornrnended moving the noticing requirements for street vacations to Chapter 14.48 of the Millcreek Ordinance, in the Highways, Sidewalks, and Public Places. May said "noncoinmercial greenhouses associated with residential uses" would be added to the 19.04.020 Agriculture definition which would enable the owner of a single-family residential lot to maintain a noncornmercial greenhouse associated with a residential use. He said, "existing grade" and "human-caused" terins would be added to 19.04.095 Building, Height Of definition. May said staff uses the term "original ground surface" to mean the surface of the lot before any human-caused alterations, and developers often use the term, "existing grade." Staff would like to tie these terms together. The 19.94.230 Family definition would have the word "unrelated" removed to meet state code. The 19.04.265 Garage, Private definition would have the words "roof or" removed so that garages that shared a common wall with the dwelling would be considered part of the dwelling. Mayor Silvestrini asked if a garage attached by a breezeway was an accessor5r structure. May confirmed. Mayor Silvestrini askedif that structure would allow for a reduced setback of an accessory structure by being connect to the residence by a garage. May said yes, but the definition required a shared wall. May said the 19.04.335 Lot definition would be updated to rights-of-way not less than twenty- five feet wide from twenty feet to meet the current roadway standard. The new definition of 19.04.093 Building, Footprint Of would be added to read, "Footprint of building' means the Millcreek City Council Meeting Minutes 9 August 2021 Page 3 of 7 perimeter square footage of a building at the outer edge of the outside walls at the first story of the building." He noted that the maximum size of accessory structures is determined in part by the building footprint of the main building on a parcel. He also noted that this new definition was not reviewed by the community councils. In July, the community councils were given the opportunity to review the proposed ordinance amendments. The Mount Olympus Community Council, East Mill Creek Community Council, and the Millcreek Community Council recommended that the changes be adopted with a unanimous vote. The Canyon Rim Citizens Association did not prepare a recommendation. The Planning Commission recommended unanimous approval of the proposed changes. Staff recommended adoption of the ordinance. Mayor Silvestrini announced to the Council that Robert May had received a promotion as the new Long-Range Planner. 3. Staff Reports There were none. 4. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items Mayor Silvestrini said he had a meeting with MHTN, Inc. on the proposed City Hall that day and they reviewed updated plans. He said city staff had provided ideas on what they would like to see in the city hall, and he had been working on including those ideas. Mike Winder said the cement had been poured in the basement of the adventure hub. The ice rink was complete, and the ice ribbon was half complete. Mayor Silvestrini said he was concerned about concrete being laid on hot summer days but said the contractor assured that it was a good pour. Council Member Uipi requested a fee schedule associated with street renaming be updated. Laurie Johnson said she had been working on establishing that fee and would bring that back to the Council with the next budget amendment. Mayor Silvestrini pointed out that the Planning Department was being restructured, so a budget amendment would need to be made on that. Johnson pointed out that the bond debt schedule needed to be incorporated. Mayor Silvestrini said residents constantly request speed enforcement. He authorized Chief DeBry to purchase a traffic motorcycle and to consider employing another officer which would also require a budget amendment. Johnson said the officer cost, starting in September, would be $158,000+. Council Member Uipi supported additional staff and traffic enforcement. Council Member Uipi moved to adjourn the work meeting at 7:00 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. REGULAR MEETING - 7:00 p.m. TIME COMMENCED: 7:02 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. Millcreek City Council Meeting Minutes 9 August 2021 Page 4 of 7 1.2 Public Comment Paul Aldous, 2358 Lambourne Avenue, said he and his neighbors previously expressed displeasure about the HOA-esque property maintenance code to the Council during a Council meeting. He said that evening he was thanked for his comments, patted on the back, and assured that code enforcement would just be responding to complaints. Within that same week, he said he saw code enforcement officers on his street four separate times. He wondered if his comments were a coincidence with the officers being in his neighborhood. He felt the property maintenance code was overreaching and asked if it could be amended. Mayor Silvestrini said the code was adopted for a reason, for code enforcement to be able to enforce the code. He felt the code provided clarity and empowered the enforcement officers. He assured Aldous his neighborhood was not targeted based on public comment. He said over the weekend he saw a social media post about a tree about to fall over and a neighbor asking the city to address is. Before the property maintenance code, that would be something code enforcement would not be able to enforce. He said some residents were concerned about property values and other residents felt the code was too much. The adopted code is intended to balance those interests and the Council was not interested in amending it. Aldous asked if this code enhanced previous code. Mayor Silvestrini said it added some things and clarified some guidelines. Aldous noted that the Council and staff did physically pat him for providing public comment. Council Member Jackson acknowledged that she appreciated hearing from residents. She wanted to give the code time to play out to see how it would work. If it does not work, the Council could assess and address changes later. Council Member Uipi agreed with Council Member Jackson and thanked Aldous for his feedback. She said there was not a target on his neighborhood. Council Member Jackson said she would ask code enforcement about the neighborhood but noted that the code enforcement would not have received the public comment from the meeting minutes that early on. Council Member Catten said if code enforcement officers are in certain areas too much, she wanted to know about it. Aldous did not want code enforcement to be too strict. Council Member Jackson and Council Member Uipi noted that some enforcement issues need to be checked through out the day for timing-type issues, like short term rentals. 2. Financial Matters 2.1 Public Hearing on Opening and Amending the FY 2021-22 General Fund and Capital Improvement Project Fund Budget Mayor Silvestrini said the amendment was to acknowledge American Recovery Act (ARA) funding. Laurie Johnson said the funds were being recognized based on the Council's discussion at their last meeting. The funding was received in May 2021 and placed in a deferred revenue account. As funds are expended, they would be recognized. She wanted to keep the funds separate for audit purposes. Mayor Silvestrini said the city has relied upon advice from the city's auditor and the Utah League of Cities and Towns. Johnson said the city must follow special reporting requirements. She said the amendment recognizes $1,694,089 of the ARA funds, increases the General Fund in the amount of $1,694,089, the Capital Improvement increases Project budget in the amount of $1,200,000, and increases the Storm Water Fund budget in the amount of $8,750. The Millcreek City Council Meeting Minutes 9 August 2021 Page 5 of 7 allocation of the ARA funds would be: $130,361 to the Unified Fire Authority for COVID related expenditures, $9,328 to Wasatch Front Waste and Recycling District for COVID related expenditures, $100,000 to the Asian Association of Utah to provide aid to $150,000 to the Promise Program for education assistance, $7,000 to the a non-profit, Utah League of Cities and Towns for ARA program administration, $1,200,000 for Millcreek Common Phase I for economic impact, and $97,500 to Millcreek employees for premium pay. Millcreek employees employed prior to December 31, 2020 would get $2,500 and employed between January 1, 2021 and June 30, 2021 would get $1,000. She then reviewed the General Fund revenue balance and each expense budget page which reflected those changes. Mayor Silvestrini said the Council would see a proposed budget on the Promise Program. Johnson said none of the funds had been expended and would not be without the Council's consent. Council Member Jackson 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 coinments. Council Member Uipi moved to close the public hearing. Council Member Jaekson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 2.2 Discussion and Consideration of Ordinance 21-32, Amending the 2021-22 Fiscal Year Budget Council Member Uipi said the amendment was transparent. Council Member Uipi moved to approve item 2.2. Council Member Jackson seconded. Council Member Jackson thanked Johnson. Mayor Silvestrini said the funds to the Asian Association to support the Sunnyvale Neighborhood Center were significant to the refugee cornrnunity and would allow the Promise Program to have greater reach. He said some funds could be leverage with the United Way of Salt Lake for the Promise Program. The Millcreek Common investment would provide a long-term benefit to the community and address the need for outdoor recreation. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3. Business Matters 3.1 Discussion and Consideration of Resolution 21-34, Approving an Appointment to the Planning Commission Mayor Silvestrini said he recommends appointments to the Council for their confirmation. He recommended the Council reappoint Shawn LaMar to the Commission. He said LaMar was currently the Commission Chair, and he admired his contribution to the Commission. Millcreek City Councn Meeting Minutes 9 August 2021 Page 6 of 7 Council Member Jackson moved to approve Resolution 21-34, Approving an Appointment to the Planning Commission. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3.2 Discussion and Consideration of Ordinance 21-33, Amending Title 2 Chapter 11 of the Mfflcreek Code of Ordinances Entitled Declaration of Candidacy Mayor Silvestrini said the amendment allows for candidates with ranked choice voting to file their declaration of candidacy in August as required by state law. The existing ordinance does not contemplate ranked choice voting. The amendment brings code in line with state code. Council Member Catten moved to approve Ordinance 21-33, Amending Title 2 Chapter II of the Millcreek Code of Ordinances Entitled Declaration of Candidacy. Council Member Jackson seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 4. Reports 4.1 Mayor's Report Mayor Silvestrini gave an update on the concrete spill in Mill Creek. UDOT and DEQ are still searching for deposits along the creek. He said the significant rainfall washed most of it out into the Jordan River and Salt Lake. The investigation was ongoing to address why it happened and who was responsible. The general contractor for UDOT put concrete in two storm drain lines, a derelict drain that was not blocked off and an active storm drain. The creek will not be repopulated with fish until the stream flow is improved. Council Member Catten asked who was paying for that work. Mayor Silvestrini said not Millcreek, though the responsibility was yet to be determined. Council Member Catten said she had a friend in Canada hear about the leak. She said someone in Millcreek put together a donation option to pay for the damages if the responsible party did not. She said it seemed like non-Millcreek residents were more worried about it. Mayor Silvestrini noted that Millcreek residents were concerned too. Mayor Silvestrini reported that there was a fire on the shoulder of Grandeur Peak during the prior week and it was put out quickly; 1.6 acres damaged. He said the cause was yet to be determined but it was suspected to be an arcing power line. He thanked Unified Fire Authority for their work. He said that fire caused water-hammer activity which created water line breaks in the neighborhood. Council Member Uipi recognized Andrew Clark, Millcreek Emergency Manager, for staying in touch with the Council about Millcreek flooding. Mayor Silvestrini recognized Aaron Roberts, too, for assisting with flood mitigation on a Sunday night. The Mayor also reported a recent sewer line break at Skyline High School. He noted the successful Night Out Against Ce event during the prior week. Mayor Silvestrini aru'iounced that all the city hall bonds were sold, and the interest rate would be 2. 14%. 4.2 City Council Member Reports Council Member Uipi noted that the new property maintenance code did not go into effect until September ls'. She acknowledged August as Pacific Island Heritage Month in Utah. Millcreek City Council Meeting Minutes 9 August 2021 Page 7 of 7 Council Member Catten said the Jordan River Commission has aided Salt Lake City with their homeless resource office. An initiative called, kayak court, was a creative way to address barriers homeless people face. A judge and legal representation find homeless people with outstanding court dates to come to encampments along the Jordan River and they hold court. The Corni'nission has been providing kayaks for the initiative which will run until October. Council Member Catten said transportation and communication was a barrier for homeless people. The court was for misdemeanors, like outstanding fines, that could lead to warrants for arrest. The Commission also brings trash bags to the locations and hauls out trash from the encampments. 4.3 Staff Reports There were none. 5. Consent Agenda 5.1 Approval of July 12, 2021 Regular Meeting Minutes 5.2 Approval of July 20, 2021 Special Work Meeting Minutes 5.3 Approval of July 26, 2021 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve items 5.1-5.3, approval of all meeting minutes. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 6. New Items for Subsequent Consideration There were none. 7. Calendar of Upcoming Events * Planning Commission Mtg., 8/18/21, 5:00 p.m. at City Hall * City Council Mtg., 8/23/21, 5:00 p.m. at City Hall Council Member Jackson wished Council Member Marchant and his wife a happy 50f'l wedding anniversary. Mike Winder acknowledged Representative Stephanie Pitcher in the audience. ADJOURNED: Council Member Uipi moved to adjourn the meeting at 7:51 p.m. Council Member Jackson seconded. Mayor Snvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. Attest: El;se City Recorder