City Council
Regular MeetingMillcreek, UT · November 8, 2021
Minutes
Minutes of the
Millcreek City Council & Planning Commission
November 8, 2021
5:00 p.m.
Special Meeting
The City Council and Planning Commission of Millcreek, Utah, met in a special public meeting
on November 8, 2021 at City Hall, located at 3330 S. 1300 E., Millcreek, UT 84106.
PRESENT:
Council Members City Staff
Jeff Silvestrini, Mayor Mike Winder, Assistant City Manager
Silvia Catten, District 1 Alexander Wendt, Deputy City Recorder
Dwight Marchant, District 2 Francis Lilly, Planning & Zoning Director
Cheri Jackson, District 3 Kurt Hansen, Facilities Director
Bev Uipi, District 4 (excused) Rita Lund, Communications Director
Josie Sliowalter, Asst. to Econ. Dev. Director
Commissioners Aimee McConkie, Director of Millcreek Common
Shawn LaMar, Chair John Brems, City Attorney
Victoria Reid, Vice Chair John Miller, Public Works Director
David Allen (excused)
Scott Claerhout
Skye Sieber
Tom Stephens (recused)
Ian Wright (absent)
Christian Larsen
Aryel Cianflone
Attendees: Ryan Heath, Tyler Morris, Ryan Wallace, Thom DeSirant
Minutes by Alexander Wendt.
WORK MEETING - 5:00 p.m.
TIME COMMENCED - 5:08 p.m.
Mayor Silvestrini called the meeting to order. The purpose of the meeting was to discuss a
potential development agreement related to the City Center Overlay Development Agreement
Zone (CCODAZ). Mayor Silvestrini explained this meeting is a conversation and no decisions
will be made.
1. Presentation of Cottonwood Residential's Mfflcreek Common West Development in the
City Center Overlay Development Agreement Zone
Millcreek CC and PC Meeting Minutes 8 November 2021 Page 2 of 6
Francis Lilly, Planning Director, explained in the CCODAZ process there needs to be a joint
meeting between the Plai'ining Coinmission and City Council. This gives the developer and
applicants a sense of requirements for the project. The developer will go through the process of
preparing an application, then go to four corni'nunity council meetings, Planning Commission
meeting(s), and then City Council meeting. The development requires the developer and the city
to apply jointly because there are shared amenities. He noted that Ryan Wallace, architect for
MHTN, and Tyler Morris would give presentations.
Mr. Lilly explained that the ideal space for a new City Hall is next to Millcreek Cominon. The
geometry of the site works well, and this helps activate the ground floor space on the west side.
The City Hall almost acts as an anchor ground floor tenant. The bottom floor will house a public
market, this will help incubate businesses. The space is designed to be attractive to small, local
businesses. The Unified Police precinct headquarters will be at the new City Hall. Police vehicles
will be parked underground. A 6I'1 floor community room will be available to the public for rent,
then of course municipal offices on other floors. The northwest corner of the building will have
an outdoor climbing wall. This building is a series of municipal offices, tied with public space
and public amenities. The second component is a mixed-use dwelling built by Cottonwood
Development including a full-service restaurant and dwellings, tied together with a parking
structure with 460 stalls. The parking structure can accommodate parking dedicated for police
and municipal vehicles, Millcreek Common, and the dwellings using 460 parking spots.
Millcreek Common West includes a restaurant on the Common, retail on the Common and on
1300 E., and a fully shared structure; the estimated cost is $13.5 million.
enclosed parking The
parking structure will not be visible from the street. This pushes the developments out. The
applicants will come to the Planning Commission and City Council asking for the step-backs to
be adjusted. City Center Overlay Zone (CCOZ) modifications are proposed, and a development
agreement would be required. The public space for Millcreek Common grew wider. The building
wall between buildings on Millcreek Common is 200 feet wide.
Mayor Silvestrini said that after seismic exploration of the site, the City found the Wasatch fault
is farther vvest than anticipated. Buildings need to be stepped back a bit farther. City Hall is being
built to a height and seismic standard becauseit is an essential building. Mike Winder, Economic
Development Director, said that beyond the fault zone soil type matters for seismic activity and
there is good soil around Millcreek Common. Mr. Lilly explained some proposed code
modifications on building length, lot coverage, parking, location of required commercial uses,
and step-backs along Millcreek Common and 1300 East. He said the applicant is proposing a ten-
foot step-back along 1300 E. rather than 20 feet. In CCOZ and the City Center Master Plan, 75%
of a project needs to be cornrnercial. City Hall will fulfill the commercial requirements.
Millcreek Common is going to be the main street, not Richmond Avenue. Step-back
requirements in the City Center Master Plan did contemplate reduced step-backs along 1300
East. This is not incompatible with the City Center Master Plan. This process started at a
neighborhood meeting and open house on September 16'. Coinmunity Council presentations
will happen in December. Mr. Lilly anticipates Plaru'iing Commission meeting on this issue in
December, and finally City Council meetings and approval in December or January.
Chair LaMar asked Mr. Lilly if this can be done solely through the development agreement. Mr.
Lilly said that most of it can be done through a development agreement, but some code changes
will need to happen regarding step-backs. Commission Reid asked what the distance is from the
road to the sidewalk on 1300 E. Mr. Lilly replied 15 feet. Chair LaMar asked if the parking
Millcreek CC and PC Meeting Minutes 8 November 2021 Page 3 of 6
will need to happen regarding step-backs. Corni'nission Reid asked what the distance is from the
road to the sidewalk on 1300 E. Mr. Lilly replied 15 feet. Chair LaMar asked if the parking
structure will house UPD. Mr. Lilly said that 60 spots in the basement will go to the police and
municipal vehicles. Mayor Silvestrini said the police will not use public parking spaces.
Commissioner Larsen asked if the 60 spots used for police and municipal vehicles counts
towards the 460 total spots. Mr. Lilly said yes.
Ryan Wallace, MHTN, said they are happy to work with the city in such an exciting and
visionary project which he then described. This project should be a welcoming and inviting
resource. There needs to be a vibrant ground floor, connected by nature. Local arts and
communities should be woven into the fabric of Millcreek Common. Enhancing the relationships
between the coinmunity and police is also important. MHTN is currently in the second phase of
planning and development. Mr. Heath said that City Hall is placed strategically to help activate
Millcreek Common. The roof plan shows photo-voltaic (solar) panels. The facility must remain
operational during an emergency. One way this happens is tmough a setback from Millcreek
Comi'non, where the fault line is. The whole building has been moved more than 50 feet to
accommodate this. The parking garage is disguised but still meets an important function. There is
30-foot paseo to coru'iect the parking garage to Millcreek Common. On the north side, Chambers
Avenue begins to slope away. City Hall is setback 20 feet from Chambers Ave. The eastern edge
will have a plaza type space. This space is covered with an overhang. Large boulders will be
placed for causal seating and security. The exterior mounted screen will protect the east face of
the building from the sun. The screen evokes the feeling of the mountains. The City Council
chambers will be more transparent. The north face of the building is like the east side, except
with reclaimed wood. The basement level has police access through a private parking area.
Mr. Winder said there are City Hall Plans for the Planning Commission to look at. Mr. Wallace
continued the overview of the proposal. The basement is designed for primarily mechanical
features. There will also be a shared fitness center. The ground floor is the public market level.
There is a caf6 space, incubator areas for small businesses. Three main stair towers are in the
space. Two are primarily for egress. The main staircase faces east. There will be two elevators.
There will be market stalls in the public market, these can be used for many different types of
businesses. On the north side there will be a small vestibule space for someone to call up to the
police precinct, 24/7. The next level has the community forum or City Council chambers. City
Hall reception and police reception is on this floor. Thom DeSirant asked about city reception
being next to police reception. Mr. Wallace said that they are angled away from each other and
there is a conference space for people to meet with the police privately. Commissioner Cianflone
asked if everyone going to the police will go tl'irough the first-floor market area. Mayor
Silvestrini said yes. The 3rd floor is primarily police oriented.
Mayor Silvestrini explained there was a workshop at Oakland Construction's office, several
members of the public attended. This has been refined in weekly meetings with City Staff, UPD,
and MHTN. Levels four and five have city administrative functions. There is extra space in the
northwest corner of the building with empty space to prepare for city growth. Mayor Silvestrini
said that city employees and the police are giving their input. The 6' floor or comrnuriity room
has banquet seating for 200 seats. There are movable partitions for smaller events. The 6I'1 floor
can be leased for private events.
Commissioner Claerhout asked about reducing carbon footprint. Mr. Wallace said there are solar
Millcreek CC and PC Meeting Minutes 8 November 2021 Page 4 of 6
panels on the roof. This project reduces carbon footprint by 80% compared to a building of the
same size. Mayor Silvestrini said that they anticipate using geothermal sources to help heat the
building. The screening on the outside of the building also helps the building become more
energy efficient. The city will be at the maximum amount of its budget with this building and
plan for it to be used fifty or more years in the future. Mr. Wallace described the building as on
path to zero energy. Commissioner Sieber asked if there is back-up power generation planned.
Mr. Wallace said that the back-up generators can provide 48 hours of energy and the Emergency
Operation Center can run for a week. Commissioner Cianflone asked if there is a way to lend a
design element to demonstrate that the police are a transparent institution. Comi'nissioner
Cianflone also asked how the building relates to the CCOZ development agreement. Mr. Lilly
said the building could be a little bit taller than CCOZ allows and there is no building step-back
along Millcreek Common. Mayor Silvestrini said the ceiling height on a few floors is taller than
normal and this makes the building slightly taller than a normal 6 story building. Mr. Wallace
said the building does not meet the definition of a high-rise; the height of community room
pushes the building over the envelope. Mr. Lilly said that to his la'iowledge these are the only
code modifications.
Commissioner Reid asked about a public space that is monitored for people to come sell a car, or
for someone to seek help at the police department in a public, monitored way. Commissioner
Reid said she does not like the idea of walking into a parking garage at night. Mayor Silvestrini
said that the city can give the Planning Commission access to the private parking for City staff
and the police. Mr. Winder said that parking experts know how to make the garage safe, and it
will be safe. The mixed-uses of the parking structure mean that people will be using the structure
all hours of the day. Mr. Lilly said that the goal is to make City Hall a place where people want
to come for good reasons. Mayor Silvestrini said that people requested the amenities in a survey
about a year ago. Mayor Silvestrini said they were nervous about building a City Hall but there
has been no pushback on this. The community is wildly accepting of these plans. Mr. Winder
plans that City Hall will break ground in the spring and the parking garage construction will start
after that. The crane can be used to build City Hall, a parking garage, and the Cottonwood
Development to save money.
Tyler Morris, Senior Vice President - Cottonwood Development, described the Cottonwood
Residential project. He said there would be a plaza on the corner along 1300 E. and 3300 S. The
middle portion of the block is like "brownstone type units". The western facing portion of the
building is 5 stories and east facing is 6 stories to disguise the parking structure and get to the
number of units needed to be financially viable for an apartment building. The east side has full
retail facing Millcreek Common and roof-top amenities. Facing southeast there is a retail
component on ground level, the public parking structure has access here. The side facing
Millcreek Common has a pool on the roof because there is not room for a courtyard. The east
view will have roof-top amenities. Along the paseo there is a roof-top deck. Mr. Morris
explained the outside of the building. Mr. Lilly explained how from staff point of view it was
deliberate to have restaurant anchors on the southeast side and the public market on the north.
Mr. Morris continued his explanation about the height of the building. There is 77 feet of roof
and one foot of parapet. Mr. Lilly said there would not be any stucco on the outside of the
building. Mr. Morris explained how Cottonwood Development approached the City about
property that Cottonwood owns on the north and west side for three years and have been working
with the City for two years regarding uses. Mr. Morris said they were aware of the step-backs.
Mfflcreek CC and PC Meeting Minutes 8 November 2021 Page 5 of 6
The red line in the presentation is tlie fault line step-back. The parking structure cannot be moved
anymore. Cottonwood Development needs a ten-foot step back on 1300 E. and 3300 S.
Mayor Silvestrini said they have fully explored all kinds of different options with this project.
The design seen in the report is the only option that works. The Crystal Tones property that
Reagan has right of first refusal on due to their billboard is owned by the City and would be
traded to Cottonwood for the City Hall property. Because Reagan has right of first refusal that
has to be dealt with, otherwise City Hall will not be built. Millcreek Common has expanded in
width to accommodate the fault line, the fault line is squeezing the development to the west. The
frontage on 1300 E will have a commercial feel. Coinmissioner Cianflone asked if someone
could buy a ground floor unit and use it as a commercial space. Mr. Morris said yes.
Commissioner Cianflone asked about businesses on 3300 S. Mr. Morris replied that 3300 S. is all
residential on that side and does not have ground floor access. The primary ground floor retail is
along Millcreek Common. That is where most pedestrians will be. Mayor Silvestrini said that
UDOT will not allow parking on 3300 S. Mr. Morris said ground floor units on 3300 S. will be
discounted. Chair LaMar asked about podium parking versus structured parking. Mr. Morris
explained that the podium parking would have been 3 stories of a much broader structure. A
podium structure costs 25% more per stall. Everything above ground is unrestricted parking.
During the day, during peak times between 7am - 6pm parking is also unrestricted. Mr. Morris
said that the 3300 S. frontage is tricky to program.
Mr. Lilly said the city wants full retail activation, and the city is buying into this with the public
market. The corner, full-service restaurant is a key aspect. Mr. Morris is asking for a ten foot
instead of twenty-foot step-back, otherwise Cottonwood cannot build this building in this way.
They will need a variance for length because the building will be 329 feet. The building is this
long to screen the parking garage and transition into a coinmercial feel. There will be large,
generous plazas to soften the look. Cottonwood also asked about flipping the coinmercial
requirement, there is one corner that is two feet above the 75-foot height requirement. Mr. Lilly
said that he and Fred Lutze in Millcreek Public Works, have looked at the development
agreement and it would need to meet UDOT's minimum requirements and 15-foot walkway with
streetlights and street furnishings. Commissioner Cianflone asked for Lilly to repeat that. Mr.
Lilly said there is not enough right-of-way to meet all the requirements because 3300 S. is not
wide enough to meet the requirement from UDOT. There is enough road to add the amenities but
changes to CCOZ will need to be made. Chair LaMar asked for a spot for parking scooters since
those are popular, planter boxes for a community garden if the community wanted that, and for
bike racks. Josie Showalter, Assistant to the Economic Development Director, said there will be
many bike racks on Millcreek Coinmon and bike repair stations with pumps. Chair LaMar asked
how many apartments there will be. Mr. Morris said between 205 and 214. That will not affect
the parking structure.
Mayor Silvestrini said that the City Council will be talking about development agreements
tonight that deal with the Hudson project and Boyer project. Both have to do with two grant
applications. These enable the city to apply for state grant applications. Mr. Winder said a city
can apply for the grant if they rezone a property or have a redevelopment agreement in place
guaranteeing eight units per acre. CCOZ says eight units per acre is allowed. It is first come first
serve for these grants that have the potential of bringing $2.5 million each. This helps pay for the
parking structure and crosswalk improvements along 3300 S. and 1300 E. Mayor Silvestrini said
tliat the community councils wanted more crosswalk protections and to make the crosswalks
Millcreek CC and PC Meeting Minutes 8 November 2021 Page 6 of 6
more visible. The city plans to make applications for two or maybe three developments.
Millcreek Comi'non West does need a development agreement and that would satisfy the state
law. These redevelopment agreements do not allow the projects to skip the normal process or
relieve the applicants of any CCOZ requirements. These redevelopment agreements only check
boxes for the grant. Coini'nissioner Sieber asked who is managing this grant. Mr. Winder said Go
Utah oversees the grant.
Council Member Jackson moved to adjourn the meeting at 6:56 p.m. Council Member
Catten Seconded. The Mayor called for the vote. An Council Members voted yes. The
motion passed unanimously.
APPROVED: Date
i 3/%
Attest: f[s3?!, City Recorder
E
Agenda
Millcreek City Council &
Planning Commission
Special Meeting Agenda
PUBLIC NOTICE is hereby given that the City Council and Planning Commission of Millcreek will assemble in a
special public meeting on Monday, 8 November 2021 at City Hall, 3330 S. 1300 E., Millcreek, Utah 84106,
commencing at 5:00 p.m.
5:00 p.m. – SPECIAL MEETING
1. Presentation of Cottonwood Residential’s Millcreek Common West Development in the City Center Overlay
Development Agreement Zone
In accordance with the Americans with Disabilities Act, Millcreek will make reasonable accommodation for
participation. Individuals may request assistance by contacting the ADA Coordinator, 801-214-2751 or
khansen@millcreek.us, at least 48 hours in advance of the meeting.
THE UNDERSIGNED DULY APPOINTED CITY RECORDER FOR THE MUNICIPALITY OF MILLCREEK HEREBY CERTIFIES
THAT A COPY OF THE FOREGOING NOTICE WAS EMAILED OR POSTED TO:
City Offices City Website Utah Public Notice Website
Those Listed on the Agenda http://millcreek.us http://pmn.utah.gov
DATE: November 4, 2021 CITY RECORDER: Elyse Sullivan
Agenda items may be moved in order, sequence, and time to meet the needs of the Council and Planning
Commission.
The meeting will be live streamed via the City’s website at: https://millcreek.us/373/Meeting-Live-Stream. The
Council and Commission may convene in an electronic meeting. Council members and Commissioners may
participate from remote locations and may be connected to the electronic meeting by GoToMeeting, Zoom, or
telephonic communications. The anchor location would be City Hall.
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