City Council

Minutes of the Millcreek City Council February 27, 2023 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 Februai'y 27, 2023, 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: Councn Members City Staff Jeff Silvestrini,-Mayor John Brems, City Attorney Silvia Catten, District 1 (arrived at 5:l7pm) Elyse Sullivan, City Recorder Thom DeSirant, District 2 Mike Winder, City Manager Cheri Jackson, District 3 Francis Lilly, Assistant City Manager Bev Uipi, District 4 (electronic) Kurt Hansen, Facilities Director Rita Lund, Comi'nunications Director Kayla Mayers, Promise Program Manager Brad Sanderson, Current Planning Manager Robert May, Long Range Planning Manager Attendees: Richard Hansen, Talia Butler, Carrie Sibert, John Janson, Jen Gardner (electronic), Chief Steve DeBry WORK MEETING - 5:00 p.m. TIME COMMENCED - 5:02 p.m. Mayor Silvestrini called the meeting to order. 1. Salt Lake County Animal Services 2022 Annual Report; Carrie Sibert, Liaison Coordinator Talia Butler, Director of Animal Services, reported that since 2013, the county has been a no- kill shelter. In the last decade, over 100,000 animals had been saved. They would like to bring animals to city hall to celebrate the achievement. She said one of their endowments was close to $1 million, and they were working towards living off the interest. She highlighted the services they provide, including on staff veterinarians. The highlights from 2022 included: over 21,000 pounds of food and treats were fed to shelter pets, foster homes spent over 93,000 hours caring for pets, over 5,000 children and adults attended humane education programs, volunteers spent 2,500 hours with pets in the shelter, and 3,300 pets were sterilized by the in- house veterinary clinic. Animal Services was the National Association of Counties' award Millcreek City Council Meeting Minutes 27 February 2023 Page 2 of 14 winner for the Hounds Around Town Program. The Cat Room was remodeled from funds raised in honor of Betty White. Animal Services won Best in State for the 14I'1 time. Carrie Sibert reported statistics from 2022. The totals did not include numbers outside of the county's control, such as deceased on arrival or owner requested euthanasias. There were 245 animals in the shelter at the beginning of the year, 6,267 intakes, 2,124 adoptions, 959 transfers/rescues, 2,707 redemptions, and 399 euthanasias. There was a 93% live release rate with 988 animals fostered and 959 animals rescued. Millcreek intake by species and type was broken down in a table and chart with 611 intakes. The Millcreek field statistics and calls by priority (1151evel one, 202 level two, 1,061 level tbree, 157 level four, and 353 level 5) were presented. The Millcreek Urban Wildlife Program had 4 personal consults, 43 written/phone consults, 115 raccoons, and 20 striped skunks. The officers of the year were Kathleen Kayo, Jen Nielson, Don Belnap, and Gerri Cantor. Sibert said the county council had approved funding for a study for a regional animal care campus. The facility would serve as an animal adoption center for animal control agencies, provide educational trainings, interactive areas, and activities for the public, would include a regional dog park, event venue space, and a variety of animal resources. Butler said this was independent of the contracting services for the city, it would be countywide. Council Member Jackson asked if a location had been identified. Butler said no. Council Member Uipi asked about the risk levels. said risk level three was what they had the most of, such as a bite. Sibert Council Member Uipi asked about the wildlife intake by species list for Millcreek. Sibert said the 43 calls could have been anything from wildlife hit by car or ducklings in a storm drain. She said most of the time the Division of Wildlife Resources takes wildlife calls. Sibert said the second regional project was a spay and neuter mobile clinic that would help assist low income families around the valley and would operate for 18 months. Animal Services also had a monthly pet food and supplies giveaway. Some residents in the county were required to license pets per ordinance. The new license tags featured a QR code through pawfinder.com to help reunite lost pets with their owners. She announced upcoming free workshops on building better behaviors and separation anxiety. Mayor Silvestrini relayed an example of a resident at the temporary homeless shelter who had to visit the hospital and Salt Lake County Animal Services housed his dog for him. He appreciated their service. He asked about a legislative bill on cat colonies, to not release a cat if there was not a reason to do so, and asked if the county had a stance on it. Butler said they were neutral on the bill but acknowledged that the Corninunity Cat Act did benefit them. 2. Planning Matters First Reading: a. ZT-23-001, Amendments to Millcreek Code in the City Center Overlay Zone (CCOZ) Regarding Yard and Bulk Regulations; Robert May, Long Range Planner Mayor Silvestrini said the Council had the sole responsibility for acquiring and disposing of real property. Given the city's need and Dominion Energy's need to relocate a gas regulator station, the city acquired property on Highland Drive (old Wilford Ward). The city was deeding some of that property to Dominion Energy to move the regulator station to a more favorable location and modernize that equipment. The city needed to surplus the remainder of the property, and offered Crown Burgers the opportunity to relocate, but they declined. The city put out a request for proposals to develop the site and got three responses. The council selected a medical office building for that property when Mfflcreek City Council Meeting Minutes 27 February 2023 Page 3 of 14 considering numerous factors, especially its impact to the neighborhood to the east. In order to facilitate this type of facility, the code needs to be modified, especially in regard to building stepbacks. Robert May showed the council a rendering of the trees that would be preserved and removed from the site. The code amendments would be in the bulk and yard regulations for building stepbacks and elevation allowances in the city center. He showed main street images from Ogden, Logan, and Provo as examples of buildings without stepbacks. He showed the council the current height map for the city center and the proposed which would increase the allowable height from 36 to 40 feet in a section on the east side of Highland Drive from Woodland Avenue to 3300 S. The code requires a 20 foot stepback of the building fagade, facing any street, for buildings over 40 feet in height or for any development on properties fironting Millcreek Common, 3300 South, Richmond Street, and/or frontage on Highland Drive. He presented three options for an amendment. Option A would allow exception from building stepbacks when it was only for a commercial single purpose building that fit into the qualifying package dimensions of 100 feet in length by 80 feet in depth by 40 feet in height. Option B would allow exception from building stepbacks when it was only for commercial single-purpose buildings that fit into the qualifying package dimensions of 100 feet in length by 80 feet in depth by 40 feet in height, in addition to meeting the four additional design requirements. The design requirements were: 1) For street facing building facades, exterior building materials used shall consist of a minimum of 75% brick or stone excluding windows, and 25% of the exterior building materials may consist 6f composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics excluding windows. Stucco and EIFS are prohibited for use as materials on any fagade visible from a right of way. 2) Windows shall constitute at least 60% of first floor street-facing facades, and 35% of all upper story facades. Windows shall be recessed at minimum within 2 inches of brick or stone massing. 3) First floor and ground stories shall be at least 12 feet in height. 4) Entry into building must face the public street. Entry locations are further articulated by a change in composition materials, color, texture, or pattern, and shall be recessed or projected. Option C would allow exception from building stepbacks for all building types that fit into the quali'Jying dimensions and the additional design requirements presented in Option B. May said the Canyon Rim Citizens Association recommended Option B as presented by staff. The East Mill Creek Coinmunity Council recommended Option C as presented by staff. The Mount Olympus Comi'nunity Council recommended Option B as presented by staff and the elevation changes in the text amendment proposal. The Millcreek Community Council recommended Option B as presented by staff with the condition that no adjacent property owners' building be eligible for a stepback exception. The Planning Commission voted unanimously (5-0) to recommend approval of the proposed text amendment with a recommendation of Option B with the following condition. 1) Window percentages within the additional design requirements should remain as what is currently required within the CCOZ. CCOZ design standards require 50% windows on the first floor with 25% windows on additional floors for street facing facades. Millcreek City Council Meeting Minutes 27 February 2023 Page 4 of 14 Several planning commission members commented that more windows meant greater heat loss concerns within the building, making it less environmentally efficient. There was some discussion whether additional windows as a design requirement did much or anything at all in terms of controlling for mass. Based on the findings located in the staff report, staff was supportive of each proposed text amendment option. However, while considering input collected from the cornrnunity councils and plaru'iing commission, staff recommended that the City Council adopt text amendment Option B. Council Member Jackson asked why East Mill Creek recommended Option C. May said a few members were concerned about mitigating massing more so than use of the building. Council Member Uipi pointed out a potential problem with lighting in the parking lot reflecting into nearby residences. Mayor Silvestrini said staff would acknowledge it during the site application, this application was for a code change. He pointed out that the applicant was willing to let the city use the parking lot for overflow Millcreek Coinrnon parking, so some lighting would be needed. b. ZT-23-002, Amendments to Millcreek Code Regarding Subdivision Requirements; Francis Lilly, Planning & Zoning Director, and John Janson, Logan Simpson c. ZT-23-003, Amendments to Millcreek Code Regarding Mobility and Parking Requirements; Fraucis Lffly, Planning & Zoning Director, and John Janson, Logan Simpson d. ZT-23-004, Amendments to Minereek Code Regarding Landscaping Requirements; Francis Lilly, Planning & Zoning Director, and John Janson, Logan Simpson Francis Lilly said this was the first formal presentation on the code update to the council from the Mred consultants. He appreciated all involved with the code update. These amendments would modernize best practices for landscape standards, qualify residents to be eligible for landscaping rebates, incorporate lessons learned on parking standards, and make good quality development easier to perform clearer subdivision standards and potentially an expedited process for smaller subdivisions. All four community councils did provide positive recommendations. John Janson briefly highlighted the phased timeline (April 2022-August 2023). The public process included a project website, newsletters, questionnaire, public events, steering committee, and interviews. Title 18 subdivision updates included updating language and making it consistent, clarifying approval procedures, updating block standards, introducing minor and major subdivision processes, and incorporating the flag lot policy and updated standards. Mayor Silvestrini asked if Janson had been following the subdivision bill in the current legislature. Janson said there were administrative issues with public hearings versus public meetings. He then described the requirements for a flag lot. The Planning Commission recommended allowing a reduced rear setback on the front base lot to 20 feet if the flag lot home was a single story. The subdivision procedures were broken down by minor (3 or fewer lots) and major (3 or more lots). Minor subdivisions required staff approval. Major subdivisions had a two-step platting process with preliminary subdivision approval by the Planning Cornrnission and final approval by staff. Jen Gardner, Logan Simpson, said the Title 19 Iandscape updates included focus on water efficiency and local best practices, new landscape buffers, use specific design standards, streetscape landscaping requirements, updated parking lot landscape standards, low impact Millcreek City Council Meeting Minutes 27 February 2023 Page 5 of 14 development standards, and LocalScapes and hydrozones standards. Hydrozones look at landscaping based on the type of water requirements for each plant. The consultants borrowed the zones from regulations already in place in the county. They have an accompanying plant list to go with the standards. Zones 3 and 4 are capped at 10% (food production exemption). Minimum efficiency standards were 75% fixed and 70% rotor for irrigation equipment. Use of a landscape architect was required except for singe family dwellings not seeking rebate. Mayor Silvestrini asked what the cost of having plans reviewed by a landscape architect would be. Gardener said it depended if they were preparing the plan or reviewing and stamping them. She said it depended on the complexity of the design, but it could be upwards of $5,000. Mayor Silvestrini worried about disincentivizing people by requiring the plans. Gardner described three buffer styles: buffer A for multiple dwelling to single dwelling, buffer B for non-residential to single dwelling, and buffer C for mechanical equipment, loading docks, and dumpsters. The use specific design standards addressed plants and trees around certain building types. It prohibited turf from the manufacturing areas and limited it in the cornrnercial, mixed use, and multi-household areas to 20%. There was a 75% minimum live plant cover standard throughout the landscape section. New streetscape standards addressed trees under power lines or hanging above sidewalks. Gardner described the added parking lot standards for interior parking lot landscaping and perimeter parking lot landscaping. Residential standards comprised of five elements: central open shape (turf limited to 35%), activity zones, gathering areas, planting beds (minimum 75% plant live coverage), and pathways. This applied to new homes and modifications over 50%. They added tree protection f6r healthy trees over 4" caliper, a 1 :1 credit for preserved trees, a replacemerit table, native plant requirements for areas within 50' of waterways, retention of existing vegetation, and invasive species exempt from the preservation requirement. Gardner noted one of the planning commission discussion items was to redo the tree caliper preservation rate with a 1:1 rate, which may result in too many trees for a site. She asked if the council would like to see additional tiers from the three presented (4"-12" caliper tree, 12"-24" caliper tree, 24" or larger caliper tree). The planning commission recornrnendation included adding an invasive species list in the Millcreek Plant Species List. Council Member Jackson said her street had old sycamore trees, so if one were to be removed, there would not be enough space to add six new trees. She wondered if tree type or lot size mattered. Lilly said there was a similar requirement currently in code. 'It makes the developer think hard about designing their site around a big tree. Janson wondered if those trees were in the right-of-way, and if they should add a category for street tree replacements. Lilly said the tree replacement code needed to be a meaningful incentive for developers. He clarified it was for new development or modifications over 50%. Council Member Catten said there were a lot of old dead trees, so it may be more of a hazard to keep them. Lilly said the code applied to healthy trees. Gardner reviewed low impact development options with the use of bioswales, grassed swales, and rain gardens. Janson reviewed the parking and mobility section update. Some features, such as recreational vehicle/commercial parking rules in residential areas, shared parking, and valet programs, remained tlie same. There were updated standards and updated language added, new electric vehicles standards added, updated parking ratios with a new affordable Millcreek City Council Meeting Minutes 27 February 2023 Page 6 of 14 housing use added, a traffic study for parking reductions was eliminated but required for stacking spaces, and new layout standards including loading spaces for multi-unit and townhomes were added. The general updates to the parking design standards included protected pedestrian routes, cross access to adjacent properties where possible, low impact development requirements, and developers may count 50% of striped street space in frontage for the required parking minimum or 75% if the street spaces were constructed for the project. The electric vehicle (EV) standards included requiring infrastructure wiring, but not the charger, with different requirements based on the housing type. Janson said the minimum parking requirements had uses and ratios updated, and the table was reorganized by grouping the types of use. He reviewed those uses. He said new options for reductions in parking were transit proximity reductions and alternative mode reductions. Transit proximity allowed 20% reduction within IA mile of high frequency stations and alternative mode reduction allowed up to 15o/o for enhancements in pedestrian, bike, or transit infrastructure. He said uses with a drive through window required a stacking study. The requirement may be reduced or increased based on projected demand. Stacking spaces may not impede internal or external traffic circulation. Townhomes and multiple dwellings required loading for deliveries. Enclosed bike storage was required for multiple dwellings with more than 8 units. Mayor Silvestrini asked if parking ratios should be lowered. Janson said yes. Mayor Silvestrini worried about projects being overparked. Janson pointed out that street parking was hard to come by on main streets in Millcreek. Mayor Silvestrini said the transit opportunities were bettir iri west Millcreek than in the east side. Lilly said staff had reviewed dozens of projects. The parking studies have tended to suggest the ratios were higher than they need to be. He was becoming convinced that the city was not good at deciding what the parking ratio should be, not a good substitute for what the market wants, but developers are looking to the city for guidance for what was appropriate. He said most multi-family projects were going to be in the city center or west Meadowbrook, and in both cases as the streets were built up, the risk of spillover parking was low. The parking demand would equilibrate. He advocated for a lower parking ratio rather than higlier. Council Member Catten said the hope was to change behaviors, to drive less. She felt the standards were progressive. Mayor Silvestrini said parking was expensive, so removing some might make the housing more affordable. Jansen pointed out there was also parking reduction in the code for affordable housing. Lilly said the city adopted the General Plan that spelled out a process, and staffs' hope was that they were advancing dozens of the goals in the General Plan as well as the concept the council had asked staff to consider, health in all policies. 3. Open and Public Meetings Act Annual Training; John Brems, City Attorney John Brems requested the council continue this item. Council Member Jackson moved to continue item 3. Council Member Catten seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, 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. Staff Reports Mfflcreek City Council Meeting Minutes 27 February 2023 Page 7 of 14 Mike Winder reported that the new employee handbook was distributed to employees at the all-staff meeting the prior week. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member DeSirant moved to adjourn the work meeting at 6:31 p.m. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. REGULAR MEETING - 7:00 p.m. TIME COMMENCED: 7:02 p.m. 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order and led the pledge of allegiance. 1.2 Public Comment There were no coinments. 1.3 Unified Police Department Millcreek Precinct Officer of the Month for January 2023 Chief Steve Debry announced Detective Christian Thompson as Officer of the Month for January 2023. Detective Thompson assisted an unsheltered individual get to Utah County, where he was most familiar with the area. Mayor Silvestrini noted he was happy that the UPD had compassion like this, and that he had mentioned this story in his State of the City Address at the last council meeting. 2. Planning Matters 2.1 Discussion and Consideration of Ordinance 23-05, Removing Three Zone Conditions from Property Located at 3701 South HigMand Drive Brad Sanderson said a site on the corner of Highland Drive and Siggard Drive had three zone conditions tied to it. The ordinance would remove the following conditions: 1) property use limited to professional office; 2) height on property limited to no more than 36'; and 3) on premise signs cannot exceed 25' in height". The code limits building height to 35 feet and the sign height to 20 feet, so the conditions exceeded the zoning requirements. The conditions also required an office use, but the applicant was seeking to put a small gym on the site. As a separate application, the site would be modified to remove the southern driveway onto Highland Drive and the Siggard Drive driveway would be modified. This would enable additional parking and a safer site. Staff recommended the council remove the zoning conditions, as did the Millcreek Community Council, East Mill Creek Cominunity Council, and Planning Commission. Millcreek City Council Meeting Minutes 27 February 2023 Page 8 of 14 Mayor Silvestrini asked for public coi'nu'nent. There was none. The council felt the site amendment would improve the site. Council Member DeSirant moved to approve Ordinance 23-05, Removing Three Zone Conditions from Property Located at 3701 South Highland Drive. Council Member Jackson seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. 2.2 Discussion and Consideration of Ordinance 23-06, Rezoning the Southern Portion of Property Located at Approximately 1200 East Elgin Avenue from the R- 2-6.5 (Medium Density Residential) Zone to the R-M (Multifamily Residential) Zone; Removing Certain Zone Conditions from Two Adjoining Properties Located at Approximately 3060 & 3070 South Richmond Street; and Approving a Development Agreement with Respect to the Property Brad Sanderson said the applicant was proposing, to rezone the southern portion (approx. 0.28 acres) of property generally located at 1200 South Elgin Avenue, from the R-2-6.5 Medium Density Residential Zone to the R-M Multifamily Residential Zone, and remove an existing zone condition of, "Limit 10 units total for acreage with max height of 35 feet to the midline property" from the two adjacent parcels located at 3060 and 3070 South Ricbmond Street. He showed a map of the three subject parcels. The property was designated as Neighborhood 2 in the General Plan, which was meant to serve as a transition between single family neighborhoods and higher density corridors or centers. He showed the council the proposed building renderings and site plan for 16 townhomes. The Millcreek Comi'nunity Council viewed a different layout and elevations than the Planning Commission. The commission recommended approval whereas the community council did not. Sanderson highlighted the changes to the development agreement since the council's first reading of the item. This included changes to the dedication, utilities, orientation and scale sections, amenities, and materials. He removed the height section (#12). Mayor Silvestrini asked for public comment. Elyse Sullivan read a comment received online from Lynda Bagley, 3074 Richrnond Street, "The informatiorx to this was not put orxto the website and was unavai(able to the public. It should not be heard today." Sullivan acknowledged a technical error on the city's website for this particular packet item, but said it was posted on the Utah Public Notice Website. Council Member Jackson read the highlighted red changes, as seen below, which mostly added clarifying language. 1. Dedication. Prior to building permit, the Developer shall dedicate property abutting Ricbmond Street as public right-of-way, per the City's Master Transportation Plan, and provide a 10' wide public utility easement parallel to and abutting the new right- of-way. The Developer shall also install frontage improvement to the abutting right of way (e.g., curb, gutter, sidewalk, landscaped park strip, asphalt, utilities, etc.) prior to final building occupancy. Millcreek City Council Meeting Minutes 27 February 2023 Page 9 of 14 2. Utilities. All utilities shall be routed within the public right-of-way and placed underground with the appropriate access and maintenance easements, including private irrigation systems, (subject to utility providers approval). If the City deten'nines to relocate and/or bury overhead utilities that are located on the west side of Ricond Street, south of Elgin Avenue, the Developer shall pay its proportionate share of the cost, not to exceed $58,000, based on estimates provided by the utility providers and/or licensed contractors. The proportionate share shall be deterinined by the north/south linear feet of street frontage abutting the Project. The City shall make this determination prior the applicant submitting for building peri'nit, or within one year of the date from which this Agreement is recorded, whichever comes first. 3. Orientation and Scale. All buildings in the Project shall be oriented towards street frontages with an emphasis on creating an urban street edge according to CEPTED (Crime Prevention Through Environmental Design) principals, with large windows and balconies roof decks etc., as depicted on the concept plans. 4. The project shall include a minimum two covered parking stalls per unit, plus 0.33 guest parking stalls per unit, within the Project. 5. Open Space/Landscaping. The Project shall provide a minimum 40% usable open space, based upon the net acreage (after right-of-way dedication). Rooftop patios may be included as part of this requirement. The project shall include a minimum 2" caliper shade trees within the park strip at 45-foot intervals and other. 6. Ainenities. The Project shall include the following residential amenities: semi-covered year-round rooftop patios, as depicted within the concept elevations, one garden box per each unit, and one community pavilion/pergola (min. 15' x 15') with setting,-tables and cooking area per the concept site plan/elevations. 7. The Project shall include a six-foot-tall privacy fence with minimum seven- foot-tall evergreen trees at 30-foot intervals along the property lines abutting residential uses. 8. Units. The project shall not exceed 16 residential units. 9. The developer shall plat each unit so as to be available as a for sale product. A subdivision plat shall be recorded prior to building permit. 10. The developer shall install one to two standard streetlights, (pending spacing), within the new park strip directly abutting the Property along Richmond Street. 11. Materials. The project will consist of higli quality, durable, low maintenance materials including those materials (e.g. composite siding and trellises, brick, stone, stucco, glass, and metal), as depicted on the concept plans and in accordance with the R-M Zone. Council Member DeSirant asked what the rules were for noticing items. Brems said the agenda should put a reasonable person on notice for what was being considered. Council Member Catten said the notice was correctly published though it was unfortunate there was a technical error with the packet item. Brems said the cap at $58,000 may not be sufficient. Sanderson said there was not sufficient time since the plaru'iing commission meeting for a full utility survey to be conducted, so a rough estimate was provided. Council Member Jackson asked how likely it was for the city to bury the lines. Sanderson said burying the lines would involve other properties up to the Salt Lake City boundary. Council Member Catten asked if it would be up to the city to cover costs above $58,000. Millcreek City Councn Meeting Minutes 27 February 2023 Page 10 of 14 Sanderson said yes, if the city determined that was something it wanted to do. Brems recommended there be no cap, it costs what it costs. Frank Belko, applicant, said the figure came from negotiations with the.utilities based on a worst case scenario with rough estimates. There would be 550-600 feet of line to be b uried and it would impact five poles, one of the poles would be on Salt Lake City property. He felt doing the whole line would not be reasonable for him as the developer of two properties. He said the total utility estimates was $226,000 (not including CenturyLink) with the linear footage at 156 on his property, roughly $337 a linear foot, totaling $58,000. Mayor Silvestrini felt a cap was reasonable. Council Member Jackson moved to adopt Ordinance 23-06, rezoning a certain portion of property located at approximately 1200 East Elgin Avenue from the R-2-6.5 Zone to the R- M Zone; removing certain zone conditions from two adjoining properties located at approximately 3060 & 3070 South Richmond Street; and approving a development agreement with respect to the property. Council Member Catten seconded. The mayor thanked Belko for the project. Council Member Jackson asked if the development agreement should be approved in a separate motion. Brems confirmed. Council Member Jackson amended her motion to recommend approval of Ordinance 23- 06, rezoning the southern portion of property located at approximately 1200 East Elgin Avenue from the R-2-6.5 Zone to the R-M Zone; removing certain zone conditions from two adjoining properties located at approximately 3060 and 3070 South Richmond Street subject to approval of the development agreement with respect to this property. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. Council Member Jackson moved to approve the development agreement with respect to the property located at 1200 E. Elgin Avenue and 3060 and 3070 S. Richmond Street as explained by Brad Sanderson. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. 3. Financial Matters 3.1 Public Hearing on Consideration of a Monetary Appropriation of up to $45,000 to the Community Councils, up to $150,000 to Utah Venture Outdoors, up to $15,000 to the Utah Rivers Council, and up to $12,000 for the Millcreek Arts Council Mayor Silvestrini said the hearing was for the annual contributions to the cornrnunity councils, Utah Venture Outdoors, the Utah Rivers Council, and the Millcreek Arts Council. As required by state law, a study of the appropriations to third party entities was conducted to ensure the appropriations would be for the health, safety, and welfare of the citizens of Millcreek. The study was in the meeting packet. The community councils provide invaluable advice and direction with some matters and use the funding for Millcreek City Council Meeting Minutes 27 February 2023 Page 11 of 14 various events. The council was limiting the amounts compared to previous years. Utah Venhire Out was for summer activities for the community. The Utah Rivers Council provides the rain barrel program and assists with the city's storm water compliance. The partnership with the Arts Council helps promote arts and events around the community. Council Member Jackson asked what the breakdown was for each community council. Lund said the amounts were the same as years past, but staff would be amending code to have them specify what the funding would be used for. That is why the amount is an "up to" amount. Council Member Catten moved to open the public hearing. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Councn Member Catten voted yes, Coiuicil Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. There were no comments. Council Member Catten moved to close the public hearing. Council Member DeSirant seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. 3.2 Discussion and Consideration of Ordinance 23-04, Approving a Monetary Contribution of up to $45,000 to the Community Councils, up to $150,000 to Utah Venture Outdoors, up to $15,000 to the Utah Rivers Council, and up to $12,000 for the Mfflcreek Arts Council Council Member Jackson moved to adopt Ordinance 23-04, approving monetary contributions as detailed. Council Member DeSirant seconded. Council Member Jackson appreciated the benefits these organizations provided to the community. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. 4. Business Matters 4.1 Discussion and Consideration of Resolution 23-09, Approving an Interlocal Cooperation Agreement Between Millcreek and Salt Lake County for Funding for Community Coalitions to Pilot the Coalitions Lite Framework Kayla Mayers said this item was previously discussed in a grant presentation given by Josie Showalter at a prior council meeting. The coalition would look similar to the Health Comi'nittee the Promise Program already had but with additional resources from the county to get data sources and follow the same framework as other cities. It comes with a grant that would pay for an intern and other community engagement efforts. Council Member Jackson moved to adopt Resolution 23-09, Approving an Interlocal Cooperation Agreement Between Millcreek and Salt Lake County for Funding for Community Coalitions to Pilot the Coalitions Lite Framework. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Millcreek City Council Meeting Minutes 27 February 2023 Page 12 of 14 Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. Council Member Catten said as part of the Health Coalition, the Promise Program organized a survey for Bud Bailey Apartment residents in how they use their neighborhoods. She coinmended Mayers for organizing the effort. 5. Reports 5.1 Mayor's Report Mayor Silvestrini reported that the bill preempting Salt Lake County's zoning to allow the mining of gravel in Parley's Canyon did not make it out of the House Rules Committee, so it would not advance this legislative session. Another bill that would have removed the eminent domain authority from municipalities for open space uses did not get approved either. H.B. 374, would repeal the enabling legislat,ion for Unified Police Department (UPD) passed and would likely become law. He was interested in pursuing a collaborative model for policing with other municipalities. He tried to reassure UPD officers that they would still have jobs. Council Member Jackson asked how long the municipalities had to find alternate police services. Mayor Silvestrini said until the end of 2025. Mayor Silvestrini said the construction bid noticing bill (H.B. 280) passed which removed the requirement for posting notices in 5 public places. Some other bills would require cities to standardize subdivision processes. H.B. 272 would require more water efficient landscaping. Mike Winder asked about the other public noticing bill. Council Member Jackson asked about changing the millcreek.us website domain (S.B. 127). Mayor Silvestrini said an appeal was made to the bill sponsor. It was a cybersecurity issue and would help the public know what websites were government related. The bill had not passed yet. Winder reported tliat S.B. 127 passed the Senate and House committee, but it was sitting because it had a fiscal note on it. The public notice bill passed and was on the Governor's desk. Council Member Catten asked when fiscal notes were approved. Winder anticipated in the next day or two. 5.2 City Council Member Reports Council Member Jackson reported she attended the Corni'nunity Renewable Energy Program meetings. Council Member Jackson expressed logistical concerns with moving into the new city hall. Mayor Silvestrini said Kurt Hansen was on top of it. Hansen said he was already breaking down the schedule. Winder said the anticipated move in would be in October. Mayor Silvestrini noted the departments had been touring the new city hall. Mayor Silvestrini congratulated Council Member Catten on being the new Chair of the Jordan River Comi'nission. Council Member Catten said Representative Stewart visited Millcreek Common. Council Member DeSirant said he had been regularly at the capitol during the legislative session. 5.3 Treasurer's Report Council Member Jackson reported the following: * As of February 27, 2023, the balance of the Series 2021 Bond Construction Fund is: $19,372,003.77. (City Hall constniction) * As of February 27, 2023, Millcreek's PTIF account balance is: $48,087,075.14. Millcreek City Council Meeting Minutes 27 February 2023 Page 13 of 14 * As of February 27, 2023, 97.9% of FY23 property taxes have been received in the amount of $11,440,757.19. Last year at this same time, Millcreek had received $10,867,377.7 4. * As of February 27, 2023, 62% of FY23 sales taxes have been received in the amount of $7,775,195.39. Last year at this same time, Millcreek had received $7,262,451.65. 5.4 Staff Reports There were no reports. 5.5 Unified Fire Authority Report There was no report. 5.6 Unified Police Department Report Chief Steve Debry reported that the Millcreek Precinct covered South Salt Lake City while they had an award banquet the prior week. There would be UPD training across the street from St. Mark's Hospital. The Millcreek Precinct was down six officers. He preser4ted calls, caseis,arrests, and citation figures from January 2022, and November 2022 through January 2023. The crime statistics from January 2023 included: 37 assaults, 11 burglaries, 19 drug offenses, 71 family offenses, 80 larcenies, 1 robbery, 3 sexual offenses, and 22 stolen vehicles. He presented the half mile radius from the homeless shelter calls for service from January 2022 and January 2023. There were 34 calls for service at the temporary shelter during the month of January. Millcreek c.o.p. Detectives were invited by Millcreek Elementary preschool teachers to show students a police vehicle. Detectives talked about safety when crossing the street and being safe around vehicle,s. Students got to sit in a police truck and operate the lights. Millcreek c.o.p. Detectives worked with the Salt Lake County Health Department and Millcreek Code Enforcement to clean up 3iiultiple transient campsites inside Big Cottonwood Regional Park, 1592 E. Murray Holladay Road. In the month of January, Millcreek Officers responded to 51 mental health calls, 33 transient calls for service, 106 traffic accidents, and 24 hit and runs, and they issued 276 citations. Mayor Silvestrini asked if there was feedback from the police force on the legislative bill that would disband UPD. The Chief said there was a lot of uncertainty, but they appreciated the mayor's corninents. He was glad the community liked the police force. Mayor Silvestrini recommended the Millcreek Precinct tour the new city hall. 6. Consent Agenda 6.1 Approval of January 23, 2023 Regular Meeting Minutes Council Member moved to approve item 6.1, the minutes for January 23rd. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Council Member Uipi was unavailable for the vote. The motion passed. 7. New Items for Subsequent Consideration Millcreek City Council Meeting Minutes 27 February 2023 Page 14 of 14 Council Member DeSirant recommended plotting areas for bus benches/shelters. Winder said a group was working on a study for that. Lilly said it would take about a month to hear back from the Wasatch Front Regional Council to add funding for a bus bench plan. 8. Calendar of Upcoming Events * Canyon Rim Citizens Association Mtg., 3/1/23, 7:00 p.m. * East Mill Creek Community Council Mtg., 3/2/23, 6:30 p.m. * Mt. Olympus Community Council Mtg., 3/6/23, 6:00 p.m. * Millcreek Community Council Mtg., 3/7/23, 6:30 p.m. * Historic Preservation Commission Mtg., 3/9/23, 6:00 p.m. * City Council Mtg., 3/13/23, 7:00 p.m. ADJOURNED: Council Member Jackson moved to adjourn the meeting at 8:30 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. Cnuncil Member Uipi was unavailable for the vote. The motion passed. Jeff Silvestrini, Mayor Attest: !W,ty Recorder