City Council

Minutes of the Millcreek City Council February 28, 2022 5:45 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 February 28, 2022 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 coinment. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney Silvia Catten, District I Elyse Sullivan, City Recorder Thom DeSirant, District 2 Kurt Hansen, Facilities Director Cheri Jackson, District 3 John Miller, Public Works Director Bev Uipi, District 4 Francis Lilly, Plaru'iing & Zoning Director Rita Lund, Communications Director Brad Sanderson, Current Planning Manager Attendees: Richard Hansen, Lynn Jacobs, Jerz McPhie, Tyson Reynolds, Conrad Verkler, Arny Verkler, Brandy Farmer, Shawn McMillen, Dan Mulcahy, Sgt. Jesse Allen, Chief Steve DeBry, and Chief Duane Woolsey. WORK MEETING - 5:45 p.m. TIME COMMENCED - 5:48 p.m. Mayor Silvestrini called the work meeting to order. 1. LocalLink Project Final Report; Lynn Jacobs, SLC Project Manager and Company Lynn Jacobs said two years ago Salt Lake City, South Salt Lake City, Millcreek, and Holladay partnered on a grant to study how to improve active transit through the communities. The study focused on looking at the facilities for those who walk, bike, and take transit to connect Sugarhouse, Millcreek, and Holladay. They came up with goals and priorities for the study by looking at the planning documents each entity had for the area. From those, they analyzed four transit modes: streetcar, light rail, bus rapid transit, and enhanced bus. He explained the differences between the modes ranging from dedicated street space to shared street space. The study went through a detailed technical analysis that reviewed costs, ridership, and impacts on rights-of-way with each mode of transit. The consultants then surveyed the public and had over 900 respondents. The streetcar option was the favorite but there was opposition to the idea in some neighborhoods. The consultant recomtnended starting with an enhanced bus on Highland Drive that could convert to something more in the future. The enhanced bus service would run more frequent and be nicer than the existing service. In the analysis, the enhanced bus and Millcreek City Council Meeting Minutes 28 February 2022 Page 2 of 8 streetcar had similar ridership but a huge cost differential. It was decided to make the existing bus better to get people to use it and increase ridership. Tlie existing buses were not getting good ridership. He hoped each city would adopt the plan in the near future. Mayor Silvestrini asked about data. Jacobs said there was a draft report that should be available in the coming weeks. Mayor Silvestrini asked about interaction with UTA. Jacobson said they did not contribute to the cost of the study but did participate in the meetings. UTA had a different vision for the area, so the consultants tried to merge the ideas. Council Member Jackson asked if 1300 E. was considered. Jacobs said they looked at both 1300 E. and Highland Drive and the ridership was almost equal though 1300 E. is more residential, and Highland Drive is more cornrnercial. The tean'i and the public felt that Highland Drive was the preferred street. Council Member Jackson expressed concern about the narrowed section of Highland Drive between 3300 S. and Salt Lake City that would not accommodate a bus well. Jacobs said the bus pullout idea was good for traffic flow but not transit flow because buses have a hard time getting back into traffic, so they did not like the bus pullouts. Council Member Jackson said residents were concerned and she wanted to make sure the bus was integrated very well to have minimal impact on residences. Jacobs said the consultants would consider the feedback. Council Member DeSirant asked why 700 E. was not considered. Jacobs said the goal was to connect Sugarhouse and the old Cottonwood Mall site in Holladay and 700 E. was too far west. Council Member Catten asked how many of the 900 survey respondents were Millcreek residents. Jacobs did not know. Council Member Catten asked about the reason for ridership for the enhanced bus, whether it would be for work or pleasure. Jacobs said they tried to capture all uses. He said between the tmee communities there was not a lot of demand, but the demand increased when the connection went downtown or to the University of Utah. John Miller said the study was for when the Millcreek Common and Holladay Cottonwood Mall sites were built out. The Salt Lake City streetcar did not have a lot of demand at first, but that changed once it was built. Jacobs said there was support to extend the line to Holladay's Village Center. Mayor Silvestrini asked what assumptions were made about density. Jacobs said they used the Wasatch Front Regional Council's 2050 assumption for development. The study was commissioned to coru'iect the three cities, but he recommended another study connecting the transit further to the north and to the base of the canyons to the south. 2. First Step House Update Presentation; Shawn McMillen, Executive Director Shawn McMillen introduced Dan Mulcahy, REACH Program Manager, to the Council. He said the First Step House was founded in 1958. It provides treatment, housing, case management, health care, employment services, and long-term recovery management. First Step House purchased a REACH facility at 950 E. 3300 S. in 2020 through a low interest loan fund to address health disparities through Intermountain Health Care. He thanked Millcreek staff and Council for helping make the facility possible. In the winter of 2020, the building, through a lease arrangement, was used to help homeless individuals. In May 2021 the REACH facility became operational. They currently served 39 individuals for substance abuse treatment. He said the population they serve often faces difficulty with accessing adequate treatment and care to effectively meet their needs and reduce recidivism. Salt Lake County identified a social problem with high risk/high need individuals and associated incarceration rates. The county went through a request for information and a request for proposals process for a program that would help this population and that is where the REACH (Recovery, Engagement, Assessment, Career Development, Housing) program came in. The program serves adult males diagnosed with substance use disorders who are exiting the criminal justice system and are at high risk of re-  Millcreek City Council Meeting Minutes 28 February 2022 Page 3 of 8 offending. The treatment is two-fold; to target those risk factors that contribute to recidivism and target those need factors that address substance use disorder and cooccurring mental health issues. The services are highly assessment driven. The two-year program was part of a 4-year study with the county. One hundred and eighteen individuals were served in the 2021 fiscal year. Mayor Silvestrini thanked them for their work and reported that the city had not experienced any problems with the facility. McMillen said the community had been welcoming as individuals transitioned back in. Mulcahy said they had been able to find housing and work in the community. Mayor Silvestrini acknowledged the supportive culture their program provided. Council Member Uipi said the council supported humanitarian efforts and thanked them for their work. McMillen welcomed the council to do a site visit. 3. Ranked Choice Voting Presentation; Kelleen Potter, Utah Ranked Choice Voting Kelleen Potter was unable to attend the meeting. 4. Staff Reports Francis Lilly said a historic preservation commission was being set up and a formal nomination would be coming to the council. He met with Logan Simpson about doing a comprehensive land use code update and the interview went well. He planned to bring a contract to the council for approval to start the process over the next 15 months. The revised code would be streamlined, easier to read and administer, would accurately reflect best practices, and would implement the future that was identified in tlie General Plan. The consultant, Logan Simpson, wrote the General Plan. He noted that his department had increased in staff with a new development review specialist, and he would be hiring a tecl'u'iician/office manager for planning. Mayor Silvestrini noted that the Plaru'iing Department was busy and staffing as necessary. Lilly said there would be a radical update to the planning fee schedule, too. Mayor Silvestrini said the department directors had been asked to update the fee schedule for the new budget. Mayor Silvestrini said the Promise Program had started an English as a second language class. Rita Lund said invitations were going out for the City Hall groundbreaking and preview of the skating rink that would be held on March 17. She announced that Jordan Hatch would be the new Communications/Marketing Coordinator and Jana Stratford as the Senior Information Center Technician. Lund said the long-range plan was that each night at Venture Out in the summer, there would be advertising for skating on Saturdays in the Common. Mayor Silvestrini thanked Herriman and Bountiful cities for advising Millcreek on how to run ice skating. Mayor Silvestrini asked for a report on the Mountaire streetscape and Rocky Mountain Power's work on 3300 S. Lilly said a Comcast line was being relocated. Acme Construction was on schedule to complete the sidewalk and landscaping by the end of April, weather permitting. John Miller reported he reached out to Rocky Mountain Power but had not heard back yet. Mayor Silvestrini asked for Miller to update the Council. He noted that there had been a couple of change orders on the 3300 S. sidewalk. Kurt Hansen said MHTN and 01cland Construction had been active in designing the new city hall. On March 4, the permit set would be ready. The groundbreaking would be on March 17 and construction would begin at the first of April. He was working with Rocky Mountain Power to move poles. Mayor Silvestrini noted the power would be put underground. There was a $33 million construction budget. It was not practical to do an all-electric building or geothermal Millcreek City Councn Meeting Minutes 28 February 2022 Page 4 of 8 heating because the wells would be proximate to the fault line. There would, however, be solar on the city hall roof. Council Member Uipi noted that the Millcreek Community Center had issues with its geothermal system. Council Member Jackson said it would take 16 years to pay off the geothermal expenses for the new city hall and gas components could be paid off in 3 years. Hansen said utilities would run down Chambers Avenue. Staff was working on a shared parking agreement for the parking structure with Cottonwood Residential. There would also be temporary surface parking created with recycled asphalt material. He noted that the architects recommended creating a time capsule. Also, the supply chain and inflation could affect the city hall moving schedule. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member Uipi moved to adjourn the work meeting at 6:44 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: 7:03 p.m. 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order. He asked the audience to think about the people of Ukraine. He then led the pledge of allegiance. 1.2 Public Comment Amy Verkler, 2780 E. Craig Drive, said she did not get a mailed notice for the public hearing in December 2021 for the subdivision that came before the Planning Coinrnission (in relation to the planning matters at 3675 S. Craig Circle). The Verklers bought their property in October 2021. She expressed concern with the subdivision, how the existing tree coverage would no longer block houses, and the new house side yard would be close to her backyard. She said the neighbors were exhausted from fighting the subdivision and conceded to the four-lot subdivision from the previous five-lot subdivision. She felt the new subdivision was out of character for the neighborhood. Verkler expressed concern about the lot behind her property being lower in elevation than hers and potential issues with a retaining wall. Mayor Silvestrini said the subdivision approval already took place and it was not with the City Council but with the Planning Cominission. A subdivision was a right that the city did not have much discretion on. He noted that the slope of land allowed the developer to only be able to develop four lots. He said the prior property owner received the mailed notice and the process was over. Verkler felt her concerns were not heard. 1.3 Unified Police Department Millcreek Precinct Officer of the Month for January 2022 - Officer Preston Anred Millcreek City Council Meeting Minutes 28 February 2022 Page 5 of 8 Chief Steve DeBry announced Officer Preston Allred as the January 2022 0fficer of the Month. Officer Allred responded to an unconscious man with a firearm at a carwash which led to a driving under the influence (DUI) arrest. He also conducted other DUI investigations and arrests tliat month. The Citizens Advisory Board expressed appreciation to Officer Allred and presented him with a gift. 2. Planning Matters 2.I Public Hearing on Vacating a 10-Foot-Wide Public Utility Easement at Approximately 3675 S. Craig Circle Brad Sanderson said the existing Upland Terrace Plat H Subdivision had a public utility easement on it that would need to be vacated to accornrnodate a new Boyd Circle Subdivision. The applicant had secured letters from the utilities that use the easement authorizing the vacation and relocation. He said the City Council may adopt an ordinance to vacate a public utility easement. Mayor Silvestrini asked about the mailed notice. Francis Lilly said Millcreek code required staff to notice property owners. The city relies on the County Assessor's data for property owner information. He said the data was not updated until Februai'y. In November 2021 and January 2022, the property owner on Millcreek's record was GWJ Trust and the letter was mailed to 2780 Craig Circle. He did not know if the mail was intercepted, but it was sent per code. Council Member DeSirant asked where the problem was. Sanderson said when property ownership changes, the list given to the city takes time to get. He noted that the subdivision in Craig Circle had already been through the city's approval process for the last two years. Council Member Uipi asked when the subdivision was first approved. Lilly guessed 2019 for a 5-lot subdivision. He said the subdivision was referred to the State's Property Rights Ombudsman's Office due to the character of the neighborhood issue. That office said if it was not in code, the city could not enforce it. Geometrically, the property could accommodate five lots by code. However, staff worked with the applicant and the subdivision was adjusted to four lots. Council Member Uipi expressed sympathy for the Verklers. Council Member Uipi moved to open the public hearing. Council Member Catten seconded. The Mayor called for the vote. All Council Members voted yes. The motion passed unanimously. Jerry McPhie, 3665 S. 2700 E,., said he used the irrigation water that came through the property and wondered about a disruption of the water right and waterway. He and others had shares to the water. Mayor Silvestrini said the East Mill Creek Water Company gave a letter of approval for the vacation. Sanderson said the water company gave consent and the improvement plans showed the water system being rerouted. Council Member Uipi moved to close the public hearing. Council Member Catten seconded. The Mayor called for the vote. All Council Members voted yes. The motion passed unanimously. 2.2 Discussion and Consideration of Ordinance 22-09, Vacating a 10-Foot-Wide Public Utffity Easement on Lot 6 and a Portion of Lot 5 Within the Upland Terrace Plat H Subdivision Millcreek City Council Meeting Minutes 28 February 2022 Page 6 of 8 Council Member Jackson asked if the developer was legally obligated to ensure that all irrigation users would continue to receive their water and have full access to those rights. Sanderson confirmed. Council Member Uipi moved to approve item 2.2, Ordinance 22-09. Council Member Jackson. 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 22-05, Approving an Amended Agreement with Environmental Planning Group, LLC, with Respect to a Change in the Scope of Design Services for the Millcreek Commons Francis Lilly said the resolution was for a $50,000 change order which expanded the scope of the Millcreek Common project. Staff had utilized EPG, LLC to assist in projects related tangentially to the Common. EPG was asking for $22,000 to pay for 38 remaining site visits and additional 'funding to pay for the expanded scale of the adventure hub. The total contract change was $54,732, which reflected 6.6% of the updated construction budget. Mayor Silvestrini said the Common increased in size due to the fault location. Council Member Catten asked if the funds came from the General Fund budget. Mayor Silvestrini said from the Capital Improvements Budget. Council Member Jackson moved to approve Resolution 22-05, Approving an Amended Agreement with EPG, with Respect to a Change in the Scope of Design Services for the Millcreek Commons. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed 11n"%xuu,sl8. 3.2 Discussion and Consideration of Resolution 22-06, Approving the Second Amendment to Interlocal Cooperation Agreement between Salt Lake County and Mfflcreek for Park Services Mayor Silvestrini said the resolution was to approve a renewal agreement for park maintenance services with Salt Lake County. There would not be a price increase. John Miller said the agreement did not include new additions, like pickleball courts or the Mountaire Streetscape. Staff would renegotiate when the improvements were installed. Council Member Jackson moved to adopt Resolution 22-06, Approving the Second Amendment to Interlocal Cooperation Agreement between Salt Lake County and Millcreek for Park Services. Council Member DeSirant 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 said he had spent a substantial amount of time representing Millcreek, the Wasatch Frorit Regional Council, and the Utah League of Cities and Towns at the State Legislature. He said the request for funding for the Jordan River improvements had been cut down but there may be opportunities to obtain grants with the state. About 60% of the funds had been raised for that project. There was a bill that addressed issues of homeless in Salt Lake County. Cities would provide a portion of sales tax to help fund expenses incurred by cities that have a homeless resource center. The state would set Mfflcreek City Council Meeting Minutes 28 February 2022 Page 7 of 8 aside $5 million of homeless mitigation funding. The other part of the bill addressed the concern for securing temporary winter shelters and identifying shelter space in the county. If space was not identified, then zoning preemption could occur. There may also be a fourth permanent homeless resource center. Aa'iother bill would increase reporting requirements for affordable and middle-income housing. Another bill would prohibit cities from obtaining additional park space through eminent domain. Council Member DeSirant asked if Mayor Silvestrini had knowledge of a police retirement bill. Mayor Silvestrini said Millcreek's lobbyists supported it. 4.2 City Council Member Reports Council Member DeSirant said the Wasatch Front Waste and Recycling District received funding to test a food waste program. Arnrnonia in food breakdown was not helpful in large scale at landfills. The program would be free to the first 50 people in Millcreek to join the test run. Momentum Recycling was doing the program. Council Member Jackson gave the monthly Treasurer's report. As of February 24, 2022: * ThebalanceoftheSeries2019Bondwas$2,769.84(MillcreekCornmon). * The balance of the Series 2021 Bond was $38,135,470.19 (City Hall). * Millcreek's PTIF account balance was $35,272,910.73. As of February 28, 2022: * 98.12%ofprojectedpropertytaxeshadbeenreceivedintheamountof $10,867,377.84. Last year at this same time, the city had received $10,760,870.40. * 59.8%ofprojectedsalestaxhasbeenreceivedintheamountof$7,262,451.65. Last year at this same time the city had received $6,434,881.21. She reported that Millcreek applied for grant money prior to the pandemic and received a grant to do improvements in Canyon Rim Park and during the pandemic the monies were frozen. Millcreek had since received word that the money would come, and new playground equipment would be purchased. She was also finalizing the parking agreement with the Church of Jesus Christ of Latter-Day Saints for the pickleball courts at Canyon Rim Park. Mayor Silvestrini said he invited Salt Lake City Public Utilities to present quarterly to the Council about long tenn maintenance plans as they serviced 80% of city. Council Member Catten noted that a Millcreek resident died in a skiing accident, and she suggested planting a tree or some form of cornrnemoration in honor of him. Council Member DeSirant also suggested doing that for the founder of Higher Ground Coffee Shop. 4.3 Staff Reports There were none. 4.4 Unified Fire Authority Report Cief Duane Woolsey said Chief Peterson would be leaving in April. There were three people in the running to replace him. Twenty-seven new recruits started recruitment camp at the beginning of February and four had since left. He acla'iowledged three UFA Mnlcreek City Council Meeting Minutes 28 February 2022 Page 8 of 8 promotions and their ongoing budget work. Council Member Catten asked about a fire behind the PetSmart. Chief Woolsey said it was a dumpster fire. 4.5 Unified Police Department Report Cief Steve DeBry presented the crime statistics for January 2022. There were 2,721 calls for service, 836 total cases, 541 citations, and 57 booking arrests. There were 33 assaults, 16 burglaries, 28 drug offenses, 67 family offenses, 100 larcenies, 3 robberies, 4 sex offenses, and 45 stolen vehicles. He reported that on February 16 patrol officers were dispatched to the area of 4300 South 700 East on a theft in progress. While searching the area, patrol officers and safely take the suspect into custody. were able to locate Millcreek Street Crime Detectives were called to the scene to investigate. During the investigation, detectives were able to recover several stolen items, including two catalytic converters. Detectives were able to tie the suspect to several burglaries that occurred in Midvale and Millcreek. The suspect was booked into jail. He reminded the public to not park overnight on the street during the winter months. The Community Oriented Policing Unit assisted the Salt Lake County Health Department with an illegal encampment clean up behind O'Reilly Auto Parts, and investigated two graffiti cases. 5. New Items for Subsequent Consideration There were none. 6. Calendar of Upcoming Events * Millcreek Corni'nunity Council Mtg., 3/1/22, 6:30 p.m. * Canyon Rim Citizens Association Mtg., 3/2/22, 7:00 p.m. * East Mill Creek Community Council Mtg., 3/3/22, 6:30 p.m. * Mt. Olympus Community Council Mtg., 3/7/22, 6:00 p.m. * City Council Mtg., 3/14/22, 7:00 p.m. ADJOURNED: Council Member Jackson moved to adjourn the meeting at 8:10 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. ffif Silv;stRni, Mayor Attest: !'A!van, CityRecorder