City Council

Minutes of the Millcreek City Council June 13, 2022 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 a June 13, 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 comment. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor John Brems, City Attorney Silvia Catten, District 1 Elyse Sullivan, City Recorder Thom DeSirant, District 2 Mike Winder, City Manager Cheri Jackson, District 3 Laurie Johnson, HR-Finance Director Bev Uipi, District 4 (electronic) Kurt Hansen, Facilities Director Robert May, Long Range Planner Rita Lund, Communications Director John Miller, Public Works Director Kayla Mayers, Promise Program Manager Attendees: Chief Steve DeBry, Ismar Vallecillos, Rick Hansen, Linda Granat, Bethany Cassil, Todd Reeder, Dave Carr WORK MEETING - 5:00 p.m. TIME COMMENCED - 5:01 p.m. Mayor Silvestrini called the work meeting to order. 1. Western Governors University (WG{J) Overview; Ismar Vallecillos, Director of Operations Council Member Catten said she brainstormed with Ismar Vallecillos on how WGU could partner with the city. Ismar Vallecillos introduced himself and the school. He said the university got the name from 19 bipartisan governors who got together in 1997 to create a solution to the challenge of education for nontraditional students. Governor Leavitt of Utah was one of them. The vision was to bring the campus via the internet to the students instead of bringing the students to the campus. They provide high quality, affordable education that is accredited and skills based. As a nonprofit, they are able to keep prices low and have not increased tuition in eight years. They concentrate in 4 areas: health professions, teaching, business, and IT for bachelors and masters degrees. The cost is approximately $7,000 a year and 42% of students are able to attend without taking out any loans. It is not a credit hour-based model. Prior experience can be applied towards the education, so it is advantageous for working adults. They charge a flat Mfflcreek City Council Meeting Minutes 13 June 2022 Page 2 of 10 rate fee for 6 months. WGU is celebrating its 25'h anniversary the weekend of August 6". Vallecillos said WGU was a great asset to the corni'nunity for education and helping to grow the work force. The Millcreek site contains five buildings of working employees. Mayor Silvestrini thanked Vallecillos for meeting the Council. He welcomed a collaboration between employees and the city. He offered city assistance with any programs that related to government functions. Vallecillos said the commencements would be in person at Vivint Smart Home Arena. Council Member Catten said she used to work for WGU in public relations. She asked how many employees worked out of the Millcreek offices. Vallecillos said over 500. Council Member Catten said when she visited Washington, D.C. in March, there was a lot of interest in WGU. She was considering volunteers with the Promise Program or with Venture OUT! Vallecillos said WGU received an Adult Learners grant for $1 million for skills-based education in Utah, and 45 of 65 degrees qualify for the grant. WGU is matching funds for the grant dollar for dollar. Council Member Catten said WGU does scholarships for different groups of people and considered a local scholarship for Millcreek residents. Vallecillos said there is a $5,000 service organization community scholarship the city could offer. Mike Winder noted the Millcreek Business Council could partner with WGU too. 2. Ordinance Amendments Discussion on Second Driveways at Single Family Homes, Recreational Vehicle Parking, Portable Storage Containers, and Bus Benches; Kurt Hansen, Facilities Director Kurt Hansen said some code amendment items had previous4y come before the Council but did not go anywhere and he wanted to revisit those. He said in existing code, there are regulations about second driveways in 14.12.110, which states that all properties with 200 feet of frontage may have two driveways with a 10-foot minimum distance between approved driveways and 5- foot minimum distance between driveway and the side property line. Residential properties may have one driveway unless it is a circular driveway. Corner lots may have a driveway from each street with approval with a minimum 20-foot distance between the corner and driveway. There must be a 35-foot distance between driveways and have a 5-foot radius at the street. He proposed that residences may have two driveways if all minimum requirements in code are met, that there be 1 foot distance between the edge of driveway and property line, a 10 foot minimum distance between the drivemy and adjacent property driveway, that shared driveways (between neighbors) are allowed, and on corner lots second driveways are allowed with a side property distance of 60 feet or greater. Council Member Jackson asked if there was concession for homes that do not have the traditional five feet between the driveway and property line. Hansen said the existing ones would continue to be nonconforming. He would like direction from the Council and would bring back a proposed amendment on each item for further discussion. Council Member Jackson noted there would be a lot of nonconforming driveways with no buffers between driveways, let alone 10 feet. Hansen said he would propose a maximum driveway width. Council Member Catten asked about the 1-foot buffer between the edge of the driveway and property line. Mayor Silvestrini said it would be a pervious surface to catch rainfall. He wondered if there should be public engagement on the issue. Hansen said there was a lot coverage issue in the city where driveways are not included and that is a problem. He asked if there should be a permit/approval process. John Miller said yes, it would be an encroachment permit with the right-of-way. He said each property owner was responsible for maintaining their runoff water. He explained the rationale with the 5-foot buffer because of the flared drive approach. Council Member Jackson requested a Millcreek City Council Meeting Minutes 13 June 2022 Page 3 of 10 solution for older homes. Council Member Catten said there had to be specific language that residents had to meet certain requirements to have a second driveway. Miller said a policy consistent from one neighbor to the next would be help'ful. Council Member DeSirant suggested an exception for a repour of an existing driveway. Council Member Jackson asked how it would be regulated. Mayor Silvestrini said it was complaint driven. He requested public engagement on the issue. Brems said Title 14 was not land use and did not need to go the community councils and Planning Commission. Hansen said there were three different "recreational vehicle" definitions in code sections 15.44.030, 17.24.020, and 19.04.554. He proposed a consolidated definition and that only one recreational vehicle be allowed to be parked in the front yard setback of a residence. Council Member Jackson suggesting including how to address waste from a recreational vehicle. Council Member Catten asked about sprinter vans. Hansen said it could be included. Council Member Catten asked about parking on long driveways. Hansen suggested one could be allowed per however many linear feet. Hansen proposed adding a definition and new code section regulating "portable storage containers." Council Member Jackson asked about the code conflicting with approved emergency caches. Hansen said they could be exempted. He also noted there could be a 6-month time limit on them for people using them for temporary storage. Hansen reviewed current code 14.20 and a proposed code section on bus benches. The new section would require a permit and business license, that UTA had precedent, that benches meet advertising and sign ordinance minimum requirements, that they be located at a UTA bus stop, that street improvements are in place, that ADA standards are met, that there be bench and structure design standards, maintenance provisions, insurance requirements, and violations and removal rights. Council Member DeSirant asked about trash removal. Hansen said that would be under maintenance. Brems said before staff spent time drafting an ordinance, the Council should be aware that they would be considered as off premises advertising. He recommended not allowing advertising on public property, which is within the right-of-way. Mayor Silvestrini said some bus benches had been around a long time and they had to be careful. Winder suggested that benches be at bus stops. 3. Planning Matters First Readings: Mayor Silvestrini said the Council hears projects as a first reading to become familiar with it and then they take action on it at the second reading. a. ZT-22-003, Amendments to Millcreek Code Title 19; Robert May, Long Range Planner Robert May noted that the accessory dwelling unit (ADU) ordinance was approved as a test run, knowing that it would need to be fixed at some point. The application was applicant initiated, though staff added clarity to other items, to be able to allow windows on a converted ADU. The current code does not allow a conversion of an existing building to have windows along any fagade facing a property line unless that property is in the RM or C zones. However, a new detached Al)U may have windows along any property line and if it is within 15 feet of a residential use, the windows must be translucent. In comparison, a primary structure in most single-family residential zones, is allowed a minimum 8-foot side yard and 15-foot rear yard setback (subject to RCOZ requirements), with no restrictions to windows. There is nothing in the Millcreek City Council Meeting Minutes 13 June 2022 Page 4 of 10 code to prevent someone from constructing a detached accessory building intended for a non- ADU and then doing a conversion afterwards The code amendments would include new definitions for "window" and "translucent," that windows on a fagade located within 15 feet of an adjacent property be fixed and non-operable, that existing buildings had to have been permitted prior to September 27, 2021 (date the ordinance was originally adopted), and detached conversions could not have a porch, landing, stairs, etc. within 5 feet of an adjacent property. He showed the Council the site plan and pictures of the applicant's, Lance Hobbs, property. Mayor Silvestrini asked if there was a reason to have a non-operable window if the structure was 15 feet from the property line. He expressed concern with life safety. May said the community councils gave a positive recommendation of approval and the East Mill Creek Cornrnunity Council discussed having an operable window within 15 feet. Council Member DeSirant questioned Millcreek Community Council's recommendation. May said they recommended approval and requested to revisit the final proposal. The Planning Commission recommended approval and provided two text recommendations which had been incorporated in the proposal. b. ZM-22-006, Rezone from M-I to MD to Accommodate a 150-unit Affordable Housing Project at 4101 S. Howick Street; Robert May, Long Range Planner Robert May said the affordable housing would consist of units up to 60% AMI (average median income) in the county. It would be a mix of units ranging from 1-4 bedrooms. The flat roof, 5- story building would not exceed 72 feet in height. The third story would step back 20 feet. He noted that the proposal had changed from what was presented to the Planning Commission. The proposal now had 187 parking spaces from 190, and 15,00 square feet of amenity space instead of 20,000. He noted that the MD Zone did not have an open space requirement. A parking study was conducted by Fehr & Peers which concluded that there should be O.75 stalls per 1 bedroom unit, 1 stall per 2-bedroom unit, and 1.25 stalls per 3 or more-bedroom units. The Planning Director produced a determination letter for the parking since the use was not in code. It said that a transit-oriented affordable multifamily housing development must comply with the following requirements: 1. The development must be located within H mile of a fixed guideway transit station. 2. All units in the project must provide affordable housing to a specific target population with a household income less than or equal to 60 percent of Salt Lake County's area median income for a time period of at least 30 years. 3. The project must be the recipient of a low-income housing tax credit or other public funding. 4. Unit occupancy is prohibited for more than three single, unrelated adult persons. 5. Parking spaces may not be conveyed or leased separately firom a unit. May said the developer would prohibit off-street parking by residents and would monitor for compliance. A traffic study was conducted by Hales Engineering, and it concluded that the intersections would operate at a level of service C or better. The Planning Commission recornrnended approval of the rezone including a condition that the staff work with the applicant on a potential future crosswalk as part of the development agreement. The Millcreek Community Council recommended approval of the rezone with consideration of time limited street parking, a pick-up and drop-off area, and a reversion clause to A-1 be in the development agreement. May noted the existing code included the reversion clause. He said per the General Plan, the greatest demand for housing was for households making less than 50% AMI. The project would help Millcreek City Councn Meeting Minutes 13 June 2022 Page 5 of 10 Millcreek meet its moderate to low-income housing goals by creating options for higher density residential development near transit. Staff recommended approval of the project. Mayor Silvestrini said he would hear from the applicant at the next meeting. 4. Promise Program Update; Kayla Mayers, Promise Program Manager Kayla Mayers gave an overview of the Promise Program structure. The Executive Council consisted of Mayor Silvestrini, Mike Winder, Council Member Jackson, and Mayers. The Advisory Council was new and consisted of seven community members, Mike Winder, Mayor Silvestrini, four interns, and Mayers. There were also health, education, safety, and economic wellbeing committees led by the interns, con'ununity members, and community-serving organizations. She reported on the goals and strategies for the focus areas of health, education, economic well-being, and safety, and the activities and events that had taken or would take peace to support those. For health, the goals are to increase mental wellbeing in Millcreek, increase access to health resources, and increase consideration of social determinants of health in policymaking. For education, to increase the number of youths who are performing at or above grade level in literacy and math, increase school and community engagement, and increase the number of youths attending afterschool and summer programs. For economic well-being, to increase the number of residents who reach their desired employment level, increase the number of residents who are financially empowered, and increase the number of residents connected to digital resources. For safety, to increase afterschool and summer program options for youth, increase opportunities for community policing, increase prevention initiatives, and increase a sense of belonging in Millcreek. Mayers read a letter from a resident who lives at and attended the Holladay Hills event who described feeling unsafe living there and had seen and felt a difference at the complex since the city started to clean it up. The event gave her hope. Mayer's was seeking solutions for the Promise Program's sustainability and operational funding for the future and looking for additional community spaces. Mayor Silvestrini said the program was exceeding expectations. Council Member Uipi acknowledged Mayer's work and asked for follow up on a resident inquiry on neighborhood watch programs. 5. Staff Reports There were none. 6. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There were none. Council Member DeSirant moved to adjourn the work meeting at 6:41 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. Mfflcreek City Council Meeting Minutes 13 June 2022 Page 6 of 10 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order and led the pledge of allegiance. 1.2 Public Comment Beth Cassil, 1146 E. Manor Circle, said Kayla Mayers did a great job presenting the Promise Program. She did not know that Millcreek had a summer program for kids and requested that it be advertised better. Elyse Sullivan read an email Mayor Silvestrini received from Christina Benson. 'My family and I are heartened to see that fireworks appear to be restricted in the area of our Millcreekresidertce. However, Ifound this map offireworkzoning for 2022 by chance/web-surfing and I am hoping that there will be more extemive and clear messaging about these restrictions. We were so grateful for restrictions last year, which helped reduce the personal fireworks use in the area but did not completely curtail it-not even the personal use of aerial fireworks that I do not believe are legal to begin with! U4ortunately, some folks in our region are still dinging to personal fireworks use despite the very obvious, outsized dangers they pose in our drought-stricken state. It is our sincere hope that these restrictions will become permanertt. The fear, anxieffl, and significant tensions betweerx neighbors that persortal use offireworks (especially the aerials) create cannot be overstated. THANK YOUagain for the restrictiom last summer-and those thatl believe I see currently indicated online? Please consider making these restrictions a lasting safeguard for our community. Many thatxksfor all you do for our lovely city." 1.3 World Refugee Day 2022 Proclamation Mayor Silvestrini proclaimed the following: PROCLAMATION WORLD REFUGEE DAY 2022 WHEREAS,refugees do not choose to leave their homes, but are forced to flee from persecutiort and terror in their native countries; and WHEREAS, the United States is a nation built by immigrants and refugees, individuals who have made countless contributions to our communities and our nation as a whole, and whose courage and perseverance are modelsfor us all; and WHEREAS,between the years of 1983 and 2022, Utah has welcomed refugeesfrom over thirty countries includingAfghanistan, Bhutan, Congo, Iraq, Myanmar, Sornalia, Sudan and Syria representing more than sixty ethnicities and nationalities, and more than fifty languages; and WHEREAS,more than 70,000 refugees,former refugees and their children currently call the State of Utah their home; and WHEREAS,as a city and a nation, we must continue to uphold the tradition of offering assistance to those most vulnerable and persecuted in this world; and WHEREAS, the celebration of World Refugee Weekis a stirring example of the support that the people ofMillcreek provide to our new residents. NOWTHEREFORE,BEITKNOWN, thattheMayorandCityCouricilofMillcreekdohereby proclaim June 13-19, 2022 as Refugee Weekin Adillcreek and encourage all of our residents to acknowledge and celebrate the diversity of our world and ofMillcreek. IN WI'nVESSTHEREOF, I have set my hand and caused to be affixed the Great Seal of Millcreek this 13th day ofJune, 2022. Millcreek City Council Meeting Minutes 13 June 2022 Page 7 of 10 Council Member Jackson moved to accept the proclamation designating World Refugee Day 2022. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 1.4 Juneteenth Proclamation Mayor Silvestrini proclaimed the following: Juneteenth Proclamation WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day, Liberation Day, and Emaricipation Day, celebrates the emancipation of those who had been enslaved in the United States; and WHEREAS, the nineteenth day ofJvme is officially recognized as the day when enslaved peoples in Texas learned of the1863 Emancipation Proclamation that had been issued by PresidentLincoln more tharx two years earlier; and WHEREAS, during this time, the nation celebrates the accomplishments, inventions, triumphs, and resiliency ofAfrican American, African, and Blaclcpeoples in this country; and WHEREAS, Utahns have celebrated this historic day with festivals, parades, flag raising, and tributes to Utah trailblazers and pioneers; and WHEREAS,Juneteenth Freedom Day becamea federal holiday in 2021, the Utah Legislature 80072followed by passingHB. 238 in March 2022 makingJuneteenth Freedom Day our newest State Holiday. NOF, THEREFORE BE ITKNOWN, I, Jeff Silvestrini, Mayor ofMillcreek, the City Council corxcurring, do proclaimJune 19 "J[METEENTHFREEDOMDAY" irx the City ofMillcreek. We encourage residents, schools, businesses, and community groups to celebrate Juneteenth as a day of remembrance. IN TVITNESSTHEREOF, I have set my hand and caused to be affixed the Great Seal of Millcreek this 13th day ofJune 2022. Council Member Jackson moved to accept the proclamation designating June 19"' as Juneteenth. Councn Member Catten seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 2. Planning Matters 2.1 Discussion and Consideration of Resolution 22-12, Approving an Interlocal Cooperative Agreement w'th Salt Lake County for Amendment No. 5 to Agreement for Addressing Services Mayor Silvestrini said the planners use Salt Lake County's services for providing addresses to new developments in the city. This a renewal to the contract with no price increase. Council Member Jackson moved to adopt Resolution 22-12, Approving an Interlocal Cooperative Agreement with Salt Lake County for Amendment No. 5 to Agreement for Addressing Services. Council Member DeSirant seconded. Mayor Silvestrini thanked the County for providing the service and for not increasing the fee. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously 3. Financial Matters 3.1 Public Hearing to Consider a Monetary Contribution of Up to $45,000 to the Community Councils, Up to $150,000 to Utah Venture Outdoors, and Up to $15,000 to the Utah Rivers Council Mfflcreek City Council Meeting Minutes 13 June 2022 Page 8 of 10 Rita Lund said this was an aru'iual contribution made to the organizations. The Utah Rivers Council sold 480 rain barrels that year. Next year she would like to have the city's own event and use it as an opportunity to provide education. Mayor Silvestrini said the distribution of rain barrels had previously been done at Millcreek City Hall parking lot but due to traffic concerns was moved to the Murray Public Works building. He noted that with all city contributions to other organizations, a study was conducted to see if the use benefited the general welfare of the community, and this did. Council Member DeSirant moved to open the public hearing. Council Member Jackson seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously There were no comments. Council Member Jackson moved to close the public hearing. Council Member DeSirant seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously 3.2 Discussion and Consideration of Ordinance 22-27, Approving a Monetary Contribution of Up to $45,000 to the Community Councils, Up to $150,000 to Utah Venture Outdoors, and Up to $15,000 to the Utah Rivers Council Council Member Jackson asked if the funding to the cornrnunity councils was the same as the past. Lund described what the uses were for and explained that the contribution was a lump sum to pull from. Council Member Uipi asked if there were balances that these funds would add to. Lund said some councils had funding left and some were still deternnining what to do with the funds. Mayor Silvestrini said the authorization was an "up to" amount and the councils had to justify what the funds would be used for. Council Member Uipi wondered about the exact balance figures. Lund clarified that some councils had other funding sources than the city resulting in the balance. Council Member Jackson moved to adopt Ordinance 22-27, approving monetary contributions to the community councils, Utah Venture Outdoors, and Utah Rivers Council. Council Member Catten seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 3.3 Discussion and Consideration of Resolution 22-14, Accepting the Utah Outdoor Recreation Grant in the Amount of $200,000 to ASSiSt in Bunding the Climbing Wall on Mfflcreek City Hall, Located at 1330 E. Chambers Avenue, Millcreek, Utah Mayor Silvestrini said the resolution accepted the grant from the Utah Office of Outdoor Recreation for $200,000 to assist the city in building the climbing wall on city hall. The city had been successful with these grants. Millcreek previously received one for the ice ribbon at Millcreek Common and to acquire open space on Grandeur Peak. Council Member Catten moved to approve Resolution 22-14, Accepting the Utah Outdoor Recreation Grant in the Amount of $200,000 to ASSiSt in Building the Climbing Wall on Millcreek City Hall. Council Member Jackson seconded. Mayor Silvestrini thanked staff for finding funding sources for projects. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously Millcreek City Councn Meeting Minutes 13 June 2022 Page 9 of 10 4. Business Matters 4.1 Discussion and Consideration of Ordinance 22-28, Amending Quorum Verification Requirements to Participate in Electronic Meetings of the Council Mayor Silvestrini said current Millcreek code required a quorum to be present at the anchor location for electronic meetings, but this amendment would change that. A quorum could participate electronically if one member was present at the anchor location. John Brems said new state statute required the city to have a provision by December 2022 to determine how to determine the quorum for electronic meetings and that this change would be allow it to be done by voice vote. Council Member DeSirant moved to accept Ordinance 22-28, Amending Quorum Verification Requirements to Participate in Electronic Meetings of the Council. Council Member Jackson seconded. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously Council Member Jackson asked if it was for the Planning Commission also. The Recorder clarified that it was just for the Council. 4.2 Discussion and Consideration of Resolution 22-13, Authorizing and Directing the City to Intervene in the Tree Farm Lawsuit Against Salt Lake County Mayor Silvestrini said the last infornnation from counsel was that a lawsuit had not been served upon Salt Lake County. He believed the Council should still authorize intervention if it moved forward. Council Member DeSirant concurred. Council Member Jackson moved to adopt Resolution 22-13, Authorizing and Directing the City to Intervene in the Tree Farm Lawsuit Against Salt Lake County. Council Member DeSirant seconded. Council Member Jackson expressed how she was grateful for the action. The Recorder called for the vote. All Council Members voted yes. The motion passed unanimously. 5. Reports 5.1 Mayor's Report Mayor Silvestrini reported that he participated in the Unified Police Department Finance and Budget Comi'nittee meeting. The budget recommendation to the Board was essentially what had already been considered by the Council. There were minor expense adjustments resulting in a slight impact for Millcreek. Laurie Johnson included the change into the budget for FY 2023. The expenses included expanding the body camera program to be more compliant with state requirements and other issues. There had been successful events at Millcreek Common. He invited the public to the coming Juneteenth event and World Refugee Day festivities. 5.2 City Council Member Reports Council Member Jackson reported that the skating loop was open, and she felt that it would be a great success. Council Member DeSirant commended the city events. 5.3 Staff Reports Millcreek City Council Meeting Minutes 13 June 2022 Page 10 of 10 Mike Winder presented the Council with Millcreek logo alternatives. The majority of the Council expressed preference for the (B) option. He said the graphic designer would propose a new city flag with the new logo. 6. Consent Agenda 6.1 Approval of May 18, 2022 Special Meeting Minutes Council Member Jackson moved to approve the minutes for the May 18, 2022 meeting. Council Member DeSirant seconded. Mayor Silvestrini called for the vote. All Council Members voted yes. The motion passed unanimously. 7. New Items for Subsequent Consideration Mayor Silvestrini said there should be more joint meetings with the Planning Commission. He found the last one to be beneficial. He announced that there were two open seats for the Plaru'iing Commission and interviews would be set for the candidates. 8. Calendar of Upcoming Events * PlanningCornmissionMtg.,6/15/22,5:OOp.m. * City Council Mtg., 6/27/22, 7:00 p.m. ADJOURNED: Council Member DeSirant moved to adjourn the meeting at 7:42 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. All Council Mennbers voted yes. The motion passe,d unanimously. Jeff Silves'trini, Mayor Attest: