City Council

Minutes of the Millcreek City Council October 10, 2022 5:30 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 October 10, 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 (electronic) Silvia Catten, District 1 (excused) Elyse Sullivan, City Recorder Thom DeSirant, District 2 (arrived at 5:35pm) Mike Winder, City Manager Cheri Jackson, District 3 John Miller, Public Works Director Bev Uipi, District 4 Kurt Hansen, Facilities Director Laurie Johnson, HR-Finance Director Rita Lund, Communications Director (electronic) Attendees: Crystal Hulbert, Christopher Thomas, Cief Dominic Burchett, Richard Hansen, Sophia M., Steve Bassett, Tori Velasquez, Chief Duane Woolsey WORK MEETING - 5:30 p.m. TIME COMMENCED - 5:32 p.m. Mayor Silvestrini called the meeting to order. 1. Introduction of Salt Lake County Public Works Operations Director Crystal Hulbert John Miller introduced Crystal Hulbert as the new Salt Lake County Public Works Operations Director. Miller was able to interview Hulbert and other candidates for the position. Hulbert said she had 16 years of experience as a civil engineer and experience with various municipalities. Operations would start initiating more GIS-based services, such as with snowplowing. They were struggling with employee retention but had hired some new employees. Council Member Uipi would like to be informed if service contract costs would change. Mayor Silvestrini appreciated the responsiveness from the department previously and wished to see it continue. The council welcomed Hulbert and looked forward to working with her. 2. Presentation on the Community Renewable Energy Program; Christopher Thomas, Salt Lake City Millcreek City Council Meeting Minutes 10 0ctober 2022 Page 2 of 10 Mayor Silvestrini requested Christopher Thomas give the council a comprehensive update on the Community Renewable Energy Program. Thomas noted he was the Senior Energy and Climate Program Manager with Salt Lake City and served as the alternate board member for the Community Renewable Energy Program. The goal of the program is to acquire renewable energy to serve participating communities so that by 2030, the amount of electricity participants' use every year will be matched by the same amount of renewable energy delivered to the Rocky Mountain Power (RMP) system. This is also referred to as "net-100%" renewable electricity. They envision meeting this goal through a combination of the renewable energy already paid for as RMP customers and new Program-assigned resources. There are 18 participating communities in the program: Ogden, Surnrnit County, Coalville, Emigration Canyon, Salt Lake County, Salt Lake City, Oakley, Millcreek, Holladay, Park City, Kearns, Cottonwood Heights, Francis, Alta, Castle Valley, Grand County, Moab, and Springdale. The participating communities use a combined 6.3 million megawatt hours of electricity per year, roughly 25o/o of RMP sales in the state. Thomas briefly reviewed the Community Renewable Energy Agency structure that contained a board of directors and program design, low-income plan, and communications committees. He showed the council a graphic of the program resources meeting the standard renewable energy resources paid for by participating customers in the grid from 2024-2030. New program resources included solar, wind, geothermal, hydro, storage, and energy efficiency. Once the program was approved by the Utah Public Service Commission (PSC) and ready to launch, the Community Renewable Energy Agency would review resource bids and vote to acquire new renewable energy resources that will interconnect with Rocky Mountain Power's system. He presented seven steps in the program implementation timeline, which included enabling legislation and rules, adopting a resolution, signing a governance agreement, signing a utility agreement, submitting the program application, receiving approval from the Public Service Commission, and adopting an ordinance. The current step was signing a utility agreement which maintains eligibility for the program as required by law. Mayor Silvestrini said the city attorney was reviewing the ordinance. He expected that ordinance could be adopted about May 2023. Thomas said the Low-Income Plan Committee compiled resources for participating communities, researched existing forms of low-income assistance for RMP customers, and was formulating recommendations for the Board to consider. Thomas presented the council maps of Millcreek's energy burden and number of households with 2018 data (compiled from available Federal data and aggregated RMP data). Energy burden is energy costs as a percentage of household income. The maps displayed the estimated number of households whose income limit was either below 150% of the federal poverty level or between 150% and 200% of the federal poverty level for each census tract within Millcreek. The estimated average energy burden of those households was illustrated using color, with redder tracts representing higher energy burden. Thomas clarified the number on the map was the number of households whose income was below the level. Mayor Silvestrini noted the highest energy users were on the east side of the city. Thomas said each participating community must submit a plan for low-income assistance. The Cornrnittee was considering four program-wide approaches to low-income assistance: automatic opt-out for customers receiving monthly low-income assistance payments on RMP bills (opt-in is free and can be done at any time); termination fee waiver for customers receiving monthly low-income assistance payments (otherwise the termination fee may be -$30); enhanced monthly bill credit for low-income customers who opt-in to the Program (designed to, on average, offset the extra cost of the Program; funded by other participating customers); and Millcreek City Council Meeting Minutes 10 0ctober 2022 Page 3 of 10 donation program offered to participating customers to help fund enhanced monthly bill credit. These prograrnmatic approaches would be in addition to structured outreach effort to partnering organizations who serve low-or fixed-income community members. Council Member Jackson asked when the decision would be made on these. Thomas said in December. Council Member Uipi appreciated the options. Thomas asked that any comments by sent to the Millcreek agency board representatives by October 31, 2022. Thomas said the draft model ordinance would finalize a community's participation in the Program and must be consistent with a separate document called the Utility Agreement. It will explain how an eligible customer will interact with the Program (enrollment after an opt out period, exiting later may require a termination fee, etc.), and explains that Program rates are determined and may be adjusted by the Utah PSC. Blanks in the ordinance would be filled in after the Program was approved by the Utah PSC. The ordinance must be adopted within 90 days of Program approval by the Utah PSC. The proposed "model ordinance" must be included in the Program Application, so major changes will not be allowed. He also requested that any feedback on the ordinance be submitted by October 31s'. The board would vote on it in December to be included in the program application. Council Member Uipi requested more information on the three committees. Mayor Silvestrini noted the agency had a website, UtahlOOcornmunities.org. Mayor Silvestrini said they did not know what the rates were going to be, but they have learned that the cost of the program will be less than anticipated. He felt the community wanted to do the program. 3. Community Renewable Energy Program Draft Ordinance Review; John Brems, City Attorney John Brems noted he had not done his complete review of the ordinance yet. 4. Millcreek Parks Discussion; John Mffler, City Engineer and Francis Lffly, ASSiStant City Manager Mayor Silvestrini said when Millcreek incorporated, Salt Lake County indicated they would convey four parks to Millcreek: Fortuna, Canyon Rim, Scott Avenue, and Sunnyvale. That week, the county adopted a resolution to do that. An issue arose with Scott Avenue Park. The county told Millcreek they would convey it. The city paid the county to maintain the park. The county has a flood control facility there so there were restrictions on it. He said the city would like to come up with a master plan for the city's parks. There are capital improvements in the parks but there should be a plan for them. John Miller said staff met with neighbors near Scott Avenue Park, the most neglected park in the city. That spurred a conversation with needing a parks master plan. The county did not have much for the parks by way of master plaru'iing. The city had not received any public input. The flood control restrictions on Scott Avenue limit everything on the southwestern part of the park. From the base of the slope, any improvement must be at least 20 feet away. The city must also maintain the capacity of the facility, so the elevation could not be changed. He asked the council for direction on a master plan for all the parks. He said there were limits of what could be done with Sunnyvale, Canyon Rim, and Fortuna since they had been recently improved. Mayor Silvestrini said a holistic master plan was needed. He noted the sprinklers at Canyon Rim Park were old and would cost a lot to replace. He wanted an inventory of the infrastructure of parks so the council could start budgeting for improvements. Council Member Uipi agreed. Miller said Mfflcreek City Council Meeting Minutes 10 0ctober 2022 Page 4 of 10 the city could work with the county on an inventory. Council Member Jackson asked about a tree assessment being included. Rita Lund said there were constant requests from residents to help improve parks, so having something in writing would be beneficial. Mayor Silvestrini brought up people being able to put memorials in parks. Council Member Uipi noted it would be helpful to work with the Historic Preservation Commission for memorials. She asked to see what other cities were doing. The council agreed that a master plan would be helpful. Council Member DeSirant said the city should wait to do any planning with Scott Avenue until the city owned it. Mayor Silvestrini wanted to know the parameters of the flood control restrictions. Council Member Jackson asked if there was a chance the county would not give the city Scott Avenue Park. Mayor Silvestrini said if they did not convey it, the city would bill them for the 5.5 years the city had been paying to maintain it. Miller said staff would proceed with a plan to maintain the existing parks then revisit it when Scott Avenue Park was conveyed. Miller felt he could get the county arborist to do an evaluation of park trees. He would update the council in the new year on parks. Mike Winder said Granite School District would lease the open space of Roosevelt Elementary to the city as a park. The city would have to maintain the property. He recommended that space be included in the master plan. Council Member Jackson asked about the other school properties that may be closing. Winder suggested waiting on the new school dosure properties. Mayor Silvestrini said the city should pursue an agreement with Granite for the Roosevelt property. The council acknowledged the space could be a dog park. Council Member Jackson would like an assessment of the irrigation on the property. Council Member Uipi did not want to run into dog park and water shed issues. She requested foresight on the property of schools that were closing. 5. Staff Reports Mike Winder said the digital sign screens on Millcreek Common were added that day. He encouraged the council to notice the pixel shading on the sign. Mayor Silvestrini said the city had contracted with a private contractor to measure the lumens output of the sign. Winder said the city got 40% of the sign rotations and Reagan Outdoor Advertising got the other 60%. Millcreek licensed businesses got a 10% discount on advertising. Winder would work with the Millcreek Business Council to promote it. 6. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items Mayor Silvestrini said residents had contacted him about a parking issue near Skyline High School. There would be a meeting to address it on October 13'h. Mayor Silvestrini sent a letter to the principal to be distributed to the students/parents on how not to park in the area. The neighborhood was requesting signage and parking enforcement. Other residents had issues with construction of the high school. Those meetings would include school construction personnel and Unified Police Department (UPD). There had also been a flooding issue as a result of water main breaks or stormwater overflow in a Mt. Olympus neighborhood. The city would be meeting with those neighbors. Mayor Silvestrini said Samantha DeSeelhorst had been the sustainability manager for Millcreek, Holladay, and Cottonwood Heights. She had been promoted to Senior Planner at Cottonwood Heights. The sustainability services provided for Millcreek had not been tracked. Staff was contemplating hiring a new employee to cover that position and aSsist with grants. Mnlcreek City Council Meeting Minutes 10 0ctober 2022 Page 5 of 10 Council Member Uipi moved to adjourn the work meeting at 6:42 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Councn Member Uipi voted yes, and Mayor Silvestrini 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 and led the pledge of allegiance. He extended his condolences to the Healey family on the passing of Fred Healey. Healey served on the Millcreek Planning Cornrnission and was very involved in the community. The mayor requested a moment of silence in Healey's honor. 1.2 Public Comment There were no comments. 1.3 Unified Fire Authority Chief Dominic Burchett Introduction Mayor Silvestrini introduced Chief Domonic Burchett as the new Unified Fire Authority (UFA) Chief. He was appointed in April 2022 as the 14th UFA fire chief. Chief Burchett introduced himself to the council. He noted that he started as a wildland firefighter and grew in his profession. He laid out a 100 day plan when appointed as chief to meet witli everyone in the department, including the cities UFA served. He noted it took longer than anticipated but was pleased to meet the council. He wanted to focus on the proactive health and wellbeing of personnel, the communities, and on continuous improvement. He felt the organization was in a good place. The council welcomed Chief Burchett. Mayor Silvestrini said the chief was a strategic thinker and the community valued UFA. 2. Financial Matters 2.I Public Hearing on Opening and Amending the Fiscal Year 2022-23 Budget Laurie Johnson said this presentation would satisfy as the first quarterly report as well as the budget amendment. The budget amendment would increase the General Fund by $1,096,600, bring forward the Capital Improvement Project (CIP) fund balance funds in the amount of $49,565,145, recognize proceeds from the sale of two properties in the amount of $3,895,013, recognize the proceeds from the State Infrastructure Bank (SIB) loan in the amount of $5,200,000, and appropriate $35,000 for a vehicle in the Ston'n Water Fund budget. Mayor Silvestrini said the state legislature appropriated Millcreek about $6 million in the quarter of the quarter sales tax. Millcreek had received a $1 million payment. The balance was to be paid over 15 years but the city did a deal with UDOT to advance those funds so it could be used towards improvements on 2000 E. (SIB loan). Johnson said Millcreek had 52 full-time employees, 35 part-time employees, and 17 vehicles. General Fund revenues collected were at 9.54%, nonnal for this stage of the fiscal year. The General Millcreek City Councn Meeting Minutes 10 0ctober 2022 Page 6 of 10 Fund budget expended was 18.33%, also normal for this stage of the fiscal year. The projected Fund Balance at the end of FY 22 was $13,000,000. Johnson reviewed the General Fund revenues and expenses. She recognized local grant and state grant details in the General Fund revenue budget. Millcreek Common revenue increased by $235,000 to pay for the operation of the Adventure Hub. She added more interest earnings and miscellaneous income with reimbursements and reduced the use of Fund Balance amount. The total amount of change with the amendment was $1,096,600. The General Fund expense budget included $170,000 for homeless mitigation funds and some miscellaneous expenses in the Mayor & City Council budget. Mayor Silvestrini noted the homeless funding was subject to change. Two-thirds of the revenue would pay for two additional police officers, and the remaining would cover other expenses. Johnson acknowledged that a lot of the department budgets did not have changes, but she reviewed the ones that did. The City Management budget increased by $5,000 for professional services. The Legal Service budget increased by $25,000 for professional services. The Public Safety budget increased for the homeless mitigation funds. The Promise Program budget had additional grant funds and donations added, and training expenses increased. The Communications budget increased by $40,500 for postage and shipping, events, and over-time wages. Mayor Silvestrini noted that the city mailed out postcards on the energy sales and use tax public hearing notice and the printed newsletter costs had gone up. The Economic Development budget increased in professional services and miscellaneous expenses. The Community Life/Millcreek Common budget increased $25,000 for professional services, $60,000 for a new position, and $19,350 for the Juneteenth event. The Adventure Hub budget increased $273,500 to allow for one additional part-time position and Zamboni drivers, as well as additional operating expenses. The Finance budget increased for office supplies. The Facilities budget increased in miscellaneous expenses. The Fleet budget increased $35,000 for a vehicle for a planning inspector. The Planning & Zoning budget increased $42,000 for professional services and training. Johnson said the Capital Improvement Project (CIP) Fund revenue budget received grants, interest earnings, and property sales. The carry forward from CIP from the last fiscal year was highlighted. The change in expenses included funds for land, HB 244 Projects, and non-public works projects. There were no revenue changes in the Stormwater Fund, though there was a $36,500 change on the expense budget. Council Member Uipi asked about the fulltime employee count differing from when the budget was first presented. Johnson said the count depended on filled positions at that time, these positions were already budgeted for. Council Member Uipi asked about professional services and training expenses for the Promise Program. Mayor Silvestrini said the Promise Program is funded by grants. The manager, Kayla Mayer, would attend a demonstration program in Harlem, New York and the training expense covered that. She would also be receiving tuition reimbursement per the Employee Handbook since she was pursuing her master's degree. Johnson said the city could save money by using professional services instead of hiring personnel. Council Member Uipi noted that the city had received close to $13 million in grants in the last year. Mfflcreek City Council Meeting Minutes 10 0ctober 2022 Page 7 of 10 Council Member Uipi moved to open the public hearing. Council Member DeSirant seconded. Mayor Silvestrini called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. There were no comments. Council Member Uipi moved to close the public hearing. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 2.2 Discussion and Consideration of Ordinance 22-46, Amending the FY 2022-23 Budget Council Member Uipi moved to adopt item 2.2. Council Member DeSirant seconded. The council thanked Johnson and staff for their work. The Recorder called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Councn Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously 3. Business Matters 3.1 Discussion and Consideration of Resolution 22-28, Appointing a Hearing Examiner for Constitutional Takings Claims Pursuant to Millcreek Code of Ordinances §15.40 John Brems said the city had received a claim for a taking on a piece of property. The property owners were doing a rebuild and were asked to convey property for curb, gutter, and sidewalk to the city. The owners were challenging the taking. The city needs to appoint a hearing officer to hear the appeal. The appointee is Richard Catten, who hears land use matters. Mayor Silvestrini supported the appointment. Brems noted the hearing officer's determination would go to the city council for a final decision. Council Member Uipi moved to approve item 3.1, Resolution 22-28, Appointing a Hearing Examiner for Constitutional Takings Claims Pursuant to Millcreek Code. Council Member Jackson seconded. The Recorder called for the vote. Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. Council Member DeSirant was not present for the vote. The motion passed. Mayor Silvestrini noted that Council Member Catten was excused from the meeting. 3.2 Discussion and Consideration of Resolution 22-29, Authorizing and Directing the City to File Articles of Incorporation for the Mfflcreek Community Foundation Mike Winder said the council did a first reading of the matter in the spring and forgot to finalize the matter. The mayor and council would make up the Community Foundation Board. Mayor Silvestrini said the purpose of the foundation was to foim a tax exempt entity that could receive charitable contributions to obtain grants. Millcreek City Council Meeting Minutes 10 0ctober 2022 Page 8 of 10 Council Member Uipi moved to approve item 3.2, Resolution 22-29. Council Member Jackson seconded. The Recorder called for the vote. Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. Council Member DeSirant was not present for the vote. The motion passed unanimously. John Brems said in the coming months there would be a Millcreek Community Foundation directors meeting. 3.3 Discussion and Consideration of Resolution 22-30, Accepting the Rocky Mountain Power Blue Sky Funding that Requires a Match in the Amount of 22.70 Percent and Approving the Match Requirement to be Paid from the General Fund and Approving the Agreement with Rocky Mountain Power Mayor Silvestrini said the resolution was to accept funding to supply solar panels on the roof of the new city hall when it was constructed. The grant amount was $465,000. This was a convenient way to be environmentally sustainable. Council Member Jackson moved to adopt Resolution 22-30, Accepting the Rocky Mountain Power Blue Sky Funding that Requires a Match in the Amount of 22.70 Percent and Approving the Match Requirement to be Paid from the General Fund and Approving the Agreement with Rocky Mountain Power. Council Member Uipi seconded. Council Member DeSirant asked if this included the battery in the basement of the building for the panels. Mayor Silvestrini said it did include the battery to store energy. The Recorder called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously 3.4 Discussion and Consideration of Resolution 22-31, Approving an Interlocal Cooperative Agreement with Salt Lake County Accepting Surplus Real Property Located at 3144 South Highland Drive Mike Winder said there was a sliver of land on Highland Drive owned by Salt Lake County that was not included in the incorporation process, so the county would give it to Millcreek since Highland Drive was a city road. Council Member Jackson moved to adopt Resolution 22-31. Council Member DeSirant seconded. The Recorder called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 4. Reports 4.1 Mayor's Report Mayor Silvestrini reported that he was elected by his peers to serve as the president for the Utah League of Cities and Towns, which took effect at the conference the prior month. The League is a lobbying organization that advances the causes of cities before the legislature. It was important that cities be represented to help form good policy. Winder said the vote for his position was unanimous from the 260 cities/towns in the League. Council Member Uipi noted the position was an extra job, it would not take away from the work he was doing for the city. Mayor Silvestrini said he hosted Congressman Burgess Owens at Millcreek Common with representatives from the Millcreek City Council Meeting Minutes 10 0ctober 2022 Page 9 of 10 Wasatch Front Regional Council, Mountainland Association of Governments, and Five County Association of Goverents, and Senator Wayne Harper to discuss transportation needs as the fastest growing state in the country over the last five years. There was also a mobile tour of Millcreek Common for the League conference. Mayor Silvestrini noted the cornrnunity councils were having elections. The ballots were part of the city's printed newsletter. The election would be November 8". Any registered voter in Millcreek could vote. The city would not be involved in the election, the cornrnunity councils were private organizations, but the city was supporting it. The community councils were the first place where applications got vetted. The Planning Commission and city council appreciated their recommendations. 4.2 City Council Member Reports Council Member Jackson reported the Business Council Gala was successful. She congratulated staff and the Millcreek Business Council. Mike Winder said the Business Council and its events were self-sustaining, and they raised $1,300 for the Promise Program. Council 'Member DeSirant echoed earlier sentiments and acknowledged staff that participated in presentations in the League Conference. Council Member Uipi said it was an honor to watch the mayor mentor other city leaders. Council Member Jackson said roller skating on Millcreek Common would close on Halloween, be closed in November, and ice skating would start in December. MillFreaks would be on October 15I11.The westbound roundabout to I-80 on 2300 E. would be closed through mid- December. 4.3 Staff Reports There were no reports. 5. Consent Agenda 5.1 Approval of September 12, 2022 Work Meeting and Regular Meeting Minutes 5.2 Approval of September 26, 2022 Work Meeting and Regular Meeting Minutes Council Member Uipi requested an amendment to page 3 paragrapli 3 of the September 26fll minutes. She wanted to add a sentence asking who Samantha DeSeelhorst's direct Millcreek supervisor was. Council Member DeSirant moved to approve the work meeting and regular meeting minutes for September 12f" and 26"' with the amendment. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 6. New Items for Subsequent Consideration There were none. 7. Calendar of Upcoming Events * Historic Preservation Coinmission Mtg. 10/13/22 at 6:00 p.m. * Planning Coinmission Mtg. 10/19/22 at 5:00 p.m. * City Council Mtg. 10/24/22 at 7:00 p.m. Millcreek City Council Meeting Minutes 10 0ctober 2022 Page 10 of 10 There would be a joint Council and Planning Commission meeting on October 26I'l at 6:30 p.m. ADJOURNED: Council Member DeSirant moved to adjourn the meeting at 8:09 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. Jeff Silvestrini, Mayor Attest: m€ 'l(;Fu'van, City Recorder