City Council

Minutes of the Millcreek City Council March 13, 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 March 13, 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 coinment. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor - Francis Lilly, Assistant City Manager Silvia Catten, District 1 Elyse Sullivan, City Recorder Thom DeSirant,District 2 Mike Winder, City Manager Cherr Jackson, District 3 John Brems, City Attorney Bev Uipi, District 4 Kurt Hansen, Facilities Director Rita Lund, Coinmunications Director Robert May, Long Range Planning Manager Laurie Johnson, HR-Finance Director John Miller, Public Works Director (electronic) Attendees: Richard Hansen, Jeff Scott, Austin Dent, Rosalba Dominguez, Steve Turley, Rebecka Stromness, Molly Betebenner, Chief Steve DeBry WORK MEETING - 5:00 p.m. TIME COMMENCED - 5:03 p.m. Mayor Silvestrini called the meeting to order. 1. I-80 & I-215 Renewed Project Update; Rebecka Stromness and Mony Betebenner Rebecka Stroinness, Utah Department of Transportation (UDOT) Project Manager, recapped what was accomplished in 2022. She said all of eastbound I-80 and westbound I-215 traffic was on new pavement. They were still waiting to get northbound traffic on new pavement. The 1700 E. bridge demolition and slide took place. The 1300 East bridge construction had begun, and it was twice the size of the 1700 E. bridge. The ramps on I-215 had been redone. She announced they would be planning to replace the 1300 E. bridge, and close I-80 and ramps at the end of March and early April. Council Member Jackson asked about messaging the road and bridge closures. Stromness said there would be electronic messaging. She presented the anticipated timeframes with the next few milestones of the northbound I-215 traffic shift in surni'ner 2023, northbound I-215 on-ramp from 3800 S. closure and Millcreek City Council Meeting Minutes 13 March 2023 Page 2 of 15 reconstruction in summer 2023, eastbound and westbound I-80 traffic shift in summer 2023, and substantial completion in late 2023. Molly Betebenner, Public Involvement with UDOT, reported on the stakeholder feedback. There had been positive feedback on the project, though there was construction fatigue. The local road and ramp closures had negative feedback. UDOT tried to communicate the reasons for the closure. She encouraged the public to sign up for UDOT's messaging so they could stay infonned on the project. Mayor Silvestrini commended the communication efforts. Council Member DeSirant appreciated the work. 2. FY 2023-24 General Fund Budget Parameters Discussion; Laurie Johnson, HR-Finance Director Laurie Johnson said she did not have as much information as she needed. She was presenting the infornnation early due to the second March meeting cancellation. She showed the consumer price index (CPI) for the western region. Over the year, food prices increased 9.7%, energy prices increased 8.3%, and in the index for all items, minus food and energy, it rose 5.6%. She presented the Millcreek personnel cost of living adjustments in relation to the CPI. She proposed a 5% cost of living adjustment (COLA) and 1.5% merit for staff in the next fiscal year. The total cost of the COLA would be $203,230 and for the merit $64,018. Mayor Silvestrini wanted the employees to maintain their standard of living and to stay with Millcreek, so this would help with retention. He said other jurisdictions were proposing similar ranges. Council Member Catten asked if there was a national standard for a COLA. Johnson said no. Mike Winder said the CPI Western Region was the best data. Johnson reported the medical benefits would increase 5.5%, dental benefits would increase 1.7%, and retirement would not change. There were currently 51 full-time employees, the Assistant to the Economic Development Director was unfilled. In FY 2023 the following positions were added, Cornrnunity Life Production Manager, two Community Life Adventure Hub Managers, and Community Life Adventure Hub Manager/Climbing Wall Specialist. Mayor Silvestrini said more than $550,000 had been received in revenue at Millcreek Common and the city had spent about $700,000. Winder said it did not account for first year operations and the sponsorship revenue of the Adventure Hub. Johnson said considering the start-up costs and first year programming, the Common had done really well. Mayor Silvestrini said the ice loop would close at the end of the current week while other similar outdoor facilities closed in February. He said more rubber mats were needed since people were walking on the concrete with the skates. Winder mentioned there were minimal injuries over the year. The council and Johnson expressed favor for the ice ribbons' success. The roller skating would come back in April. Council Member Uipi asked about benefits for training employees. Johnson said benefits were not part of training, but taking care of people would help employees stay. The city had a low turnover, but the city could spend more if there was a high turnover. Johnson reviewed the FY 2022-23 Unified Police Department (UPD) contract. The total contract amount was $15,348,871. The city utilized $1,350,000 of {JPD Fund Balance, so the modified amount was $13,998,871. The council adopted a property tax increase of 4.57% and an energy sales and use tax that implemented in January 2023, in addition to General Fund, fund balance to pay for the contract. She presented the FY 2023-24 budget parameters. Mayor Silvestrini said the shared service formula for UPD was 70% based on cases, 20% based on population, and 10% Mfflcreek City Council Meeting Minutes 13 March 2023 Page 3 of 15 based on taxable value. The cases were used on a three-year rolling average. Millcreek's caseload went down so that part of the contract would be reduced by $180,060. Johnson said the contract amount for FY 2023-24 would be $15,069,915, with a 1.82% decrease from FY23 contract before utilization of UPD 'fund balance or 7.65% increase from FY23 contract after utilization of UPD fund balance. Funding for the contract in the next fiscal year would not require a property tax increase, it would include a full year of the energy sales and use tax, and the General Fund would cover any shortfalls. Mayor Silvestrini said the $2.3 million energy sales and use tax projection was conservative. Council Member DeSirant asked how much was in fund balance. Johnson said about $14 million, 33-34% of the budget. Johnson asked the council about their Community Renewable Energy Act membership level. Noticing costs for the program would be $37,725. She said the Washington, D.C. lobbyist fee would increase from $72,000 to $78,000 per year. Mayor Silvestrini felt the lobbyists had done well so he thought an increase was appropriate. Because of their work, the city had gotten a congressional earmark appropriation for Neff's Canyon. The council would be able to see the work the lobbyists did when they visited D.C. in two weeks. Johnson said the $25,000 budgeted for community investment for FY 2023 had not yet been spent. The Salt Lake County Animal Services 6ontract would increase 6.07% to $600,070. The Salt Lake County Justice Court, Prosecution Services, and Indigent Defense Service contracts were unknown. The Salt Lake County Public Works operations negotiations were still in progress. The preliminary estimate for election services was $115,009 for ranked choice voting. The revenue projections for storm water fees was $3,185,000, and capital improvement expenditures was $1,400,000. She would present the line-item budget at the next council meeting with the tentative budget. She felt not doing a property tax increase would go a long way with residents. Johnson commended the council for creating a good culture at Millcreek. Winder and the council commended Johnson for her work. 3. FY 2023-24 Storm Water Fund Preliminary Budget Discussion; Laurie Johnson, HR- Finance Director Included in item 2. 4. Community Renewable Energy Program Utffity Agreement and Budget for Noticing Costs Discussion Council Member Jackson said the Community Renewable Energy Program Agency was waiting on Rocky Mountain Power (RMP) to give their feedback on the utility agreement. There was not anything to discuss until they heard back from RMP. The Agency hoped to get everything finalized in March to file in April. She did not anticipate hearing back from RMP for a couple more months. Mayor Silvestrini said the negotiations of the agreement were confidential. He recently met with the Agency, representatives of RMP, and the Utah Public Service Commission (UPSC) in a preliminary discussion to talk about the utility agreement. The UPSC does not have any problems with the agreement. All parties would approve the utility agreement, then a rate making study would go before the UPSC, and then municipalities could adopt an ordinance to participate in the program based on the rates. The mailed notices provided to residences would explain the program and opt-out process. The noticing costs were presented in a spreadsheet in the meeting packet. The costs would include two mailout notices separate from the utility bill. 5. Open and Public Meetings Act Annual Training; John Brems, City Attorney Millcreek City Council Meeting Minutes 13 March 2023 Page 4 of 15 John Brems said that Utah law requires that the presiding officer of the public body ensure that members are trained on the Act annually. The goal is that all meetings are open to the public. He reviewed the definition of meeting, and that electronic communication was not a meeting. Mayor Silvestrini cautioned the council to not deliberate via electronic communications because it was not open to the public. Brems reviewed meeting notice requirements. If an item is raised by the public during the meeting, the council may discuss the item but not take action on it until it is properly noticed. Minutes and recordings are required in all meetings, but the written minutes become the official record of the meetings. There are rules to electronic meetings. Closed meetings may be held for specific purposes, like strmegy sessions to discuss collective bargaining, imminent litigation, the purchase or exchange of real property, the sale of real property, and most recently consideration of a loan application. Minutes of closed meetings were considered protected records under GRAMA and may be disclosed by court or upon the request of the Office of the Legislative Auditor General. He anticipated that office auditing closed meetings in the future. Mayor Silvestrini said this would confirm that cities were following closed meeting laws. Brems said a closed meeting affidavit could replace the audio recording for closed meeting for the discussion of the character of an individual or deployment of security devices or systems. Brems presented hypothetical case studies for the council to consider. He cautioned not texting during a public meeting and to be careful with social media posts. Mayor Silvestrini said some of the interactions with constituents outside of a meeting would be okay for council members, but not planning commissioners. Legislative bodies have the opportunity to seek input from the public, but the planning commission makes administrative actions. Commissioners would need to disclose their interactions with the public with the rest of the commission at the first available opportunity 6. Justice Court Discussion; John Brems, City Attorney John Brems brought up terminating the court service relationship with the county because the county gave the city notice that it would not be continuing to provide that service, however, the county did not give notice to the State Legislature as required indicating such. Council Member Jackson asked what Brems recommended. Brems said the county could not end service with the city because they failed to give notice to the state. Mayor Silvestrini said based on prior council direction to pursue court options with Holladay, Holladay has indicated that it would be less expensive for Millcreek to contract with them than what it was currently paying to the county. Holladay would have to hire an additional clerk to handle the additional caseload, and Millcreek would have to pay for that. Mayor Silvestrini was interested in continuing to pursue services with Holladay. Winder noted that Holladay already contracted with Cottonwood Heights. Council Member Catten asked what the requirements for leaving the county were. Brems said the city had to give the county six months' notice of termination, but having six months with the county would cover the transition period. Mayor Silvestrini said the city could change services at the beginning of the fiscal year. Council Member Uipi asked if the city could revoke the termination notice to the county once initiated. Brems said the city could try. Mayor Silvestrini pointed out the current contract ended June 30'h and the county may not renew with the city. Brems said contracting with Holladay would be a substantially less cost than contracting with the county. Council Member DeSirant asked what other cities did. Brems said other cities had their own courts. Winder said cities who do their own courts were looking to get out of it. The council gave direction to Brems to pursue the contract with Holladay. Millcreek City Council Meeting Minutes 13 March 2023 Page 5 of 15 7. Staff Reports Rita Lund said the Salt Lake County Animals Services would like to bring dressed up animals to city hall to celebrate being a no-kill shelter for a decade. She would schedule that for a Monday before council meeting. Winder said the city had been working to get pickleball courts in Canyon Rim Park. Staff had worked with local ecclesiastical leaders with the Church of Jesus Christ of Latter-Day Saints, and they were in favor of allowing access to the courts through their parking lot though the higher authorities in the Church were reluctant to grant the access. He said there was a portion on the south and east edge of the parking lot was on city property. A survey would be done that week to firm up the boundaries between the properties. Mayor Silvestrini said there was potential of constructing the courts that summer, but the timeliness would dictate the quality ofbids. Winder said the Church had been a wonderful partner with sandbags for potential spring flooding. John Miller said the Church had shown willingness to work with the city. Council Member Jackson expressed appreciation for the city having its own emergency manager. Mayor Silvestrini said staff had beenworking on contingency planning for spring runoff. The city was having a load of sand deposited at the salt pile site on Wasatch Boulevard and asking for volunteers to help fill bags. Lund pointed out that the sandbags had to be on private property, not in the road, and residents would be responsible for cleaning them up. 8. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member DeSirant moved to adjourn the work meeting at 6:28 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: 7:01 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. Council Member Jackson moved to reorder the agenda to have item 1.3 ahead of item 1.2. Council Member Uipi 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. Millcreek City Council Meeting Minutes 13 March 2023 Page 6 of 15 1.3 Unified Police Department Millcreek Precinct Officer of the Month for February 2023 Chief Steve Debry announced the K-9 Unit (five officers and five dogs) as the Officers of the Month for February 2023. Chief DeBry said the K-9 officers and their dogs were one of the greatest police tools. He read a citation recognizing the highly trained team and acknowledging their work. Mayor Silvestrini said the council appreciated the unit and the dogs. The city purchased the Christmas tree at the Festival of Trees in memoriam of dogs lost in the line of duty. The Citizens Advisory Board acknowledged the K-9 Unit's work. Sgt. Watson introduced the unit to the council. 1.2 Public Comment Jeff Scott, 3184 S. 800 E., said police had come to his home and asked him to move his vehicles off the street but there was nowhere to put them. He wondered how to accommodate guests when there was nowhere to park. He suggested allowing parking on even sides of the street on alternating days to be able to plow the street. Mayor Silvestrini said it was a constant struggle to accommodate people with limited parking but balance plowing the street. He appreciated the comment, and the council would explore the suggestion. Austin Dent, 4258 S. Main Street, said he worked for a real estate development company. He was hoping to subdivide a lot he was under contract for on 1100 E. He had experience with subdivision codes. He thought some individual items in subdivision codes were made with good intentions but restrictive as a whole. He had tried multiple layouts to be able to subdivide the lot. A flag lot would be his last option. The old flag lot policy required a 1 7-foot-wide driveway, but the proposed code was 22 feet, which would prohibit him from subdividing his lot. His % acre lot was not subdividable by code. Mayor Silvestrini appreciated his comment. 2. Planning Matters 2.1 Discussion and Consideration of Ordinance 23-07, Approving a Development Agreement for PRI Millcreek, LLC for Property Located at or Near 175 West Central Avenue Robert May said this was a second reading of the item with the council. This item would amend an existing development agreement to allow for another entrance onto the property to mitigate against a bridge alignment issue and adjust the parking table. He showed the council the revised site plan. In the parking table, the eight compact car stalls would be included in the on-site parking total instead of being an individual line item. Staff's recommendation was approval of the proposed development agreement amendments with the following two conditions: the new access be designed as a tbree- quarter access only, restricting left turns, and the developer would be responsible for installing all physical street improvements required for the new access point restricting egress left turns, subject to the approval of Millcreek Public Works and Planning Department. May said the additions were minor enough that the application did not go back to the community council or planning comtnission. Mayor Silvestrini asked for public comment. There was none. Mayor Silvestrini commended May for working with the applicant. Millcreek City Council Meeting Minutes 13 March 2023 Page 7 of 15 Council Member DeSirant moved, based on staffs findings located m the staff report and the recommendations of the associated traffic study, to approve Ordinance No. 23-07, approving and amending a development agreement for a mixed-use development with respect to approximately 7.19 acres of real property located at approximately 175 West Central Avenue. 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, Councn Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. Mayor Silvestrini noted the council had done a first reading of all the planning items on the agenda. 2.2 Discussion and Consideration of Ordinance 23-08, Amending Title 19 of the Millcreek Code of Ordinances with Respect to the Bulk and Yard Regulations of the City Center Overlay Zone Chapter 19.73 Robert May said the text amendment helped to resolve the issue with the old Wilford Ward property on Highland Drive with the proposed medical use office building. The text change would change the elevation map of the city center by allowing two additional feet in height on a 100-foot-wide strip of property between Woodland Avenue and 3300 S. on the east side of Highland Drive, and allow smaller buildings to not need stepbacks. The current code required a 20-foot stepback of the building fagade, facing any street, for buildings over 40 feet in height or for any development on properties fronting on the Millcreek Common, 3300 South, Richi'nond and/or with frontage on Highland Drive. Staff considered the input from the coinmunity councils and planning commission and recommended adoption of Option B (of options A, B, and C that were presented), which provided corni'nercial single pu:ose buildings within a certain size to be exempt from the stepback requirements if they met additional design standards. Mayor Silvestrini asked for public comment. There was none. Mayor Silvestrini said three of the four community councils recommended Option B, the other one recommended Option C. The planning commission recominended Option B with reduced window requirements than what was proposed to them. Council Member Catten moved, based on the staff tindings and feedback collected from the community councils and planning commission, to adopt the text amendment Ordinance 23- 08, amending the Bulk and Yard Regulations in the City Center Overlay Zone as proposed by staff. Council Member DeSirant seconded. The Recorder 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. 2.3 Discussion and Consideration of Ordinance 23-09, Repealing Section 19.02.055, Repealing and Reenacting Title 18 Subdivisions of the Mfflcreek Code of Ordinances, and Adopting a Subdivision Requirements Checklist as an Appendix to Title 18 of the Mfflcreek Code of Ordinances Francis Lilly said this was the first of a series of zoning code updates. This would repeal and re-enact the subdivision ordinance. The city adopted the old county land use policies. The new ordinance would create a staff level approval process for minor subdivisions, Millcreek City Council Meeting Minutes 13 March 2023 Page 8 of 15 codify and improve flag lot requirements, detail every step in the subdivision approval process, repeal old county land use policies for flag lots and other development standards, require subdivisions or verification of legal establishment for new development on vacant parcels, adopt a plat review checklist and empower the Planning Director to update it, and it would be subject to recodification and reorganization later. Lilly said he was requesting guidance from the council on the Planning Commission's recoinmendation regarding flag lot setbacks. He said he had amended the proposal from what was provided in the council's meeting packet and their first reading. Staff changed numbering, added and modified definitions, and made a number of technical corrections after the Plaru'iing Coinmission draft was transmitted. He recommended a motion to repeal Section 19.02.55, repeal and re-enact Title 18, and adopt a subdivision requirements checklist as an appendix to Title 18, subject to changes discussed at this meeting, including removing Section 18.02.020 (H)(2)(d)) from the ordinance. The text proposed to the planning commission had a broad scope of when a subdivision was required (18.01.030), however the scope was narrowed to vacant parcels. He described the difference between a lot and a parcel. The applicant would have the burden of proving the lot or parcel was legally established. He said there were illegally subdivided lots in the city. Mayor Silvestrini said the vast majority of the city was not subdivided prior to 1946 (as referenced in the proposed code), and asked why that date was used. Lilly said the county's first subdivision ordinance established in 1946 did allow subdivisions by deeds. The applicant must prove that the lot was legally established. Mayor Silvestrini clarified that if the lot was subdivided pursuant to the county's statute that was enacted in 1946, even though it was subdivided by deed rather than by plat, it would still qualify for a building permit. Lilly confirmed. Lilly noted the highlighted text in his presentation reflected changes added to the code after the city council's first reading of the ordinance. Council Member DeSirant asked why the new changes were added so late. Lilly said he was waiting to hear back from other cities. He said the prior version requiring subdivisions was more restrictive. Staff recornrnended adding a standard that each lot must be contained entirely within a single zoning district. Subsequent to the planning cornrnission's recommendation, specific design standards in the Foothills and Canyons Overlay Zone (FCOZ) needed to be moved back into the code. Lilly said the plaru'iing comtnission recommended that a base lot of a flag lot be able to reduce the rear yard setback to 20 feet from 30 feet if the flag lot home was single story. That text had been added to the code, however staff recommended removing it because it would be hard to implement. Another planning commission recoinmendation was to remove the requirement for a 2-car garage and instead default to the standard parking requirement in code Chapter 19.80. There was no substantive change made in the access strip portion of a flag lot section, though it was reordered and reworded to further clarify the requirements. The flag lot graphic was revised to show the access strip on both sides of the driveway and remove the reference to a two-car garage. He said when dealing with a flag lot with a 100-foot length or more, the fire marshal required a certain amount of access. Previously approved flag lots had narrow drives that did not allow for a landscape buffer, space for a waste receptacle, and mailboxes. He felt the buffers were important Millcreek City Council Meeting Minutes 13 March 2023 Page 9 of 15 and noted that every home could at least have an internal accessory dwelling unit (ADU), and the base lot of a flag lot could have an external ADU. Lilly said there may be an access easement on the south side of Mr. Dent's property that might be utilized for access. Mayor Silvestrini asked if the fire marshal had asked for a specific flag lot driveway width minimum. Lilly said it depended on the length of the lot, but the minimum was 12 feet. Mayor Silvestrini suggested that the mouth of the drive could be wider than the drive to help with the mailbox and trash can issue. May said if the flag lot pole was between the right-of-way and where it opened up was less than 150 feet, the width had to be 20 feet, and within that 20 feet there could be a 12-foot drive and 4 feet on each side for buffer landscaping. If the pole was greater than 150 feet in length, then the drivable surface had to be 17 feet. Lilly said this might ease the burden of the flag lot requirements. Council Member DeSirant asked about the width of Mr. Dent's lot. Dent said 20 feet. Mayor Silvestrini understood that the council should not legislate for a single property. Lilly wondered if a variance would be possible for Mr. Dent. The proposed code would accommodate variances. Lilly presented recomi'nended changes on the noticing summary table which eliminated noticing for final approval on major subdivisions and changed notices on property line adjustments and subdivision amendments from properties within 300 feet to only affected property owners. Mayor Silvestrini asked if it would apply to a property line adjustment when it affected common areas in an HOA. Lilly clarified it would not be a property line adjustment but a subdivision amendment in that case. Council Member Jackson asked if ten days was sufficient for mailing notices. Lilly said that was the old state requirement, but the planners post notices on the subject property as well. Hard copy notices are also posted at city hall. Lilly noted another change in 18.06.004, Arrangement of Streets, that, "no street whether public or private shall be included in the lot size minimum requirements." The last change was adding an appeals section. It was contemplated to be part of Title 19, but it was not added. Mayor Silvestrini appreciated the less restrictive subdivision requirements in the Applicability section. Lilly said most of the city was platted, but this provision covered the rest. Mayor Silvestrini asked when the pending ordinance that would amend the Flag Lot Policy expired (Ordinance 22-45). Lilly said it expired on March 26'll. Anyone could file an application under the old ordinance requirements unless the council amended the code before it expired. Lilly said staff was not done with the code update process. Adjustments could still be made when the subdivision title got encompassed in the new land use title in the next 6-8 months. Mayor Silvestrini asked for public comment. There were no cornrnents. Council Member Catten asked if the city received a lot of flag lot applications. Lilly said no, but several people were waiting on the outcome of this ordinance. Council Member Catten wondered if the council could approve it as is then make possible amendments when the title was revisited later. Council Member Jackson wondered how many flag lot applications were denied. Lilly said if the property did not meet the qualifications, the requester was told before an application was filed. He said adoption of the accessory dwelling unit ordinance relieved some of the requests, because people were able to get Millcreek City Council Meeting Minutes 13 March 2023 Page 10 of 15 more density that way. Council Member DeSirant asked about the variance process. Lilly described the process. He did not know if a variance would be possible for Mr. Dent. Council Member Jackson did not want to create problems with some of the old, unusual lots in the city. May pointed out that other problems would be fixed with the amendment, such as those generally seen with separate flag lot ownership and narrow buffers. Council Member Jackson moved to adopt Ordinance 23-09, Repealing Section 19.02.055, Repealing and Reenacting Title 18 Subdivisions of the Mfflcreek Code of Ordinances, and Adopting a Subdivision Requirements Checklist as an Appendix to Title 18 of the Mfflcreek Code of Ordinances, subject to changes discussed at this meeting, including removing Section 18.02.020 (H)(2)(d)) from the ordinance. Council Member Jackson wanted the ordinance to be revisited and for any issues that arose to be documented and reviewed as part of that process. Council Member DeSirant seconded. Mayor Silvestrini reopened public comment. Austin Dent appreciated the context for the code amendment. He said he had been under contract for his property for six months and had not had a neighborhood meeting though he had spoken with neighbors. He felt the proposed depiction of the flag lot was not clear for the dimensions of the base flag lot. He said there was not anything in the Residential Compatibility Overlay Zone (RCOZ) on lot widths. Mayor Silvestrini said adding the dimensions to the drawings would be difficult because the requirements were different depending on the zone. Mayor Silvestrini commended May for the subdivision checklist. The Recorder 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 2.4 Second Readings: b. ZT-23-004, Amendments to Millcreek Code Regarding Landscaping Requirements; Francis Lilly, Planning & Zoning Director Lilly summarized the landscape standards, which included efficiency standards tied to a hydrozone method and an adopted plant species list, enhanced tree preservation requirements, new standards for buffers and parking lots, specific standards for riparian corridors, ornamental grass (does not serve a purpose other than aesthetics, non- functional ornamental turf grass) no longer allowed for cornrnercial and industrial applications, LocalScapes standards for new single-family residential and home expansions, and definitions changes. Lilly said staff did get written confirmation that Millcreek residents would qualify for landscape rebates through this ordinance and the Central Utah Water Conservancy District would like to use this ordinance as a model. Since the first reading, a change was made that homeowners would not be required to obtain a landscape professional to prepare plans for the rebate. They would have to get pre-approval and pass a post-installation inspection to obtain a rebate, however. Millcreek City Council Meeting Minutes 13 March 2023 Page 11 of 15 Lilly noted the planning commission recommended a noxious/invasive species list not permitted as required plant material be added. He showed the council the list. The council had previously recommended a change to street tree replacement which would be replaced tree by tree and not by caliper. Subsequent to the planning commission's recommendation, a subsection on interior parking landscape requirements was added to include that if a covered parking canopy was provided, the requirement for a tree every five (5) spaces shall not apply for the parking row covered by the canopy. The landscape ordinance would have the changes Lilly identified. Council Member Uipi moved to reorder the agenda to consider ZT-23-004 first. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Councn Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously Mayor Silvestrini asked for public comment. There was none. a. ZT-23-003, Amendments to Millcreek Code Regarding Mobility and Parking Requirements; Francis Lilly, Planning & Zoning Director Francis Lilly said the parking and mobility standards included updated parking ratios for all uses, new parking standards for affordable housing - implements the Moderate Income Housing Element, reduced reliance on parking studies, stacking studies would be required for drive-through uses, enhanced requirements for electric vehicle (EV) charging stations for corni'nercial and 'residential uses, and where on-street parking was available or developed by the developer it could count toward overall parking ratios. Lilly requested guidance from the council on parking ratios and proposed changes subsequent to planning commission recommendations. He said the code consultant added a note on how angled parking space dimensions were to be measured. Lilly said the planning commission requested that all EV charging outlets be in places accessible to the parking space and shall maintain minimum clearances and placements per all applicable codes. Mayor Silvestrini asked if there had been problems with location of EV chargers. Lilly said no, but there had been similar problems with garages not functioning, sucli as utilities or stairs blocking the parking area. There was a minimum clearance in building code. Mayor Silvestrini asked if the issue was addressed in building code, why it was needed to be spelled out. Staff was okay with having it in code. Lilly said the planning commission recoinrnended a parking ratio of 1 parking space per studio unit and 1.25 spaces per I-bedroom units. The consultant and staff had proposed 0.75 space per studio and I space per 1-bedroom unit. Staff was comfortable with the lower ratio because there were ratios that low in other projects and it had not proved to be a problem yet. Lilly worried about having too much parking. He felt parking regulated itself over time. Mayor Silvestrini said people were concerned about the effects of new development impacting traffic and parking. He said people were presented with professional parking studies in meetings and they get disregarded. He was supportive of reducing the ratio as staff recommended. Parking was expensive to build and was an impediment on affordable housing. Council Member Catten said a survey of Bud Bailey apartment residents concluded that those residents were not concerned with parking. The Millcreek City Council Meeting Minutes 13 March 2023 Page 12 of 15 parking issue tells a lot about socioeconomics in the city. Mayor Silvestrini asked what other cities did with parking ratios. Lilly said it depended on the context. He said a couple of cities had the O.75 ratio. Council Member Jackson worried about the parking ratio in areas that did not have fully developed public transit. Council Member DeSirant said if there was not pressure to use public transit, people would not use it, and if people were not using it, public transit would not be invested in. Council Member Uipi pointed out Skyline High School having a lot of street parking problems. Council Member Jackson wondered why a studio apartment did not have full parking spot. Lilly said in Salt Lake City, typically in the suburban and neighborhood context, it was one space per studio and 1-bedroom units, but in the urban downtown context there were no minimums. He suggested that Millcreek could split the difference; in the city center/mixed development areas it could be O.75 and 1 parking space, and in the other zones I and 1.25 spaces. The council expressed for a split. Lilly proposed 1 space for studios and 1-bedroom units for the transit/mixed development zones and 1 and 1..25 spaces for everywhere else. The council agreed. Lilly pointed out that there were already allowable parking reductions for affordable housing and nearby transit amenities. Lilly pointed out that the planning corni'nission recommended a different packing ratio for low volume gym or fitness studios and high- volume gym or fitness studios. 3. Business Matters 3.1 Public Hearing on Possible Eminent Domain at 3350 S. 2000 E. for Mnlcreek 2000 E. Improvement Project (Utah Code 52-4-202(5)(a)) Mayor Silvestrini said fhe city,was redoing the pavement, burying the ditch, and adding curb/gutter, and side-walk on 2000 E. The property owners at 3350 S. 2000 E. were not willing to grant the city a temporary construction easement. The city would not take any property, just needed the right to constmct on their property. The improvements would be in the city right-of-way. He said tis item was added to the agenda that day because the property owners had b<;en informed that the item would be on the agenda though that fact was unknown when the agenda was published. He wanted the property owners to be able to give coinrnent if they came to the meeting. Council Member DeSirant moved to open the public hearing. Council Member Uipi 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 There were no comments. Council Member Uipi moved to close the public hearing. 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. He said the council would have a public hearing again on April 10 and would take action then. Millcreek City Council Meeting Minutes 13 March 2023 Page 13 of 15 3.2 Discussion and Consideration of Resolution 23-10, Requesting Inclusion of Millcreek in the Municipal Alternate Voting Methods Pilot Project for 2023 Mayor Silvestrini said this resolution would opt Millcreek into ranked choice voting for the 2023 municipal election for council districts 1 and 3, and the mayor race. The city did conduct a survey and respondents understood and liked ranked choice voting. The council had also received cornrnents in favor of and against it. Council Member DeSirant expressed preference for ranked choice voting. Council Member Catten asked if this was the same resolution process as 2021. Elyse Sullivan confirmed, the council had to opt in every election. Council Member Jackson said the city had tried ranked choice voting once on a small scale with two districts, so it was worth trying again for the whole city. A city- wide experience would provide better history and understanding for the ranked choice voting concept. She recommended doing a survey after the 2023 election to get feedback on ranked choice voting. Council Member DeSirant moved to approve Resolution 23-10, Requesting Inclusion of Millcreek in the Municipal Alternate Voting Methods Pilot Project for 2023. Council Member Uipi seconded. John Brems brought up the interlocal agreement with Salt Lake County. He expressed concern with the interlocal restricting ranked choice races to ten candidates, and wondered if that was legal. Elyse Sullivan read from section 3d of the interlocal: "The County has the full ability to conduct Rank Choice Voting for races involving no more than 10 candidates. The City therefore acknowledges that if the County conducts a Rank Choice Voting race involving more than 10 candidates, then the County wilI be able to count only the first ten valid preference rankings cast by each voter in that race. The City hereby assumes full risk and liability for... the City's decision to use of Rank Choice Voting in a race involving more than 10 candidates. Moreover, the County reserves the right to refuse to conduct a City election, or any contest, that includes a Rank'Choice Voting race involving more than 10 candidates." Sullivan presented the sample ballot from 2021 explaining that the list of candidates could run the full length of the page (more than 10), however there would only be ten columns to the side of the candidate names for ranking. The county was not unwilling to run the election with more than ten candidates, they just reserved the right to refuse to. She said the city could still move forward with the ten rankings and do more/better education. The county also offered the alternative of allowing only one vote for the ten plus candidates in a traditional fashion as opposed to preference rankings. The corinty's legal counsel would work with the city's counsel if an issue arose. The council agreed to assume the risk identified. The Recorder 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. 3.3 Discussion and Consideration of Resolution 23-11, Approving an Interlocal Cooperation Agreement between Millcreek and Salt Lake County on Behalf of the County Clerk's Election's Division for the 2023 Municipal Election Millcreek City Council Meeting Minutes 13 March 2023 Page 14 of 15 Council Member DeSirant moved to approve Resolution 23-11, Approving an Interlocal Cooperation Agreement between Millcreek and Salt Lake County on Behalf of the County Clerk's Election's Division for the 2023 Municipal Election. Council Member Uipi seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Councn 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 23-12, Approving an Interlocal Cooperative Agreement with City of Holladay for Instanation of a High Intensity Activated Crosswalk Beacon ("HAWK" Signal) Located at Approximately 1500 East and Murray-Honaday Road John Miller said the council previously approved a resolution for this agreement, which was for federal funding, but this resolution would replace the federal funds with state funds. Council Member Jackson moved to adopt Resolution 23-12, Approving an Interlocal Cooperative Agreement with City of Holladay for Installation of a High Intensity Activated Crosswalk Beacon Located at Approximately 1500 East ana A'Lirray nolhrhy 'Diiad. Council Member DeSirant seconded. The Recorder 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. Reports 4.1 Mayor's Report Mayor Silvestrini reported a successful meeting with Congressman Stewart where staff showed him Millcreek Common and discussed the need for a federal grant for the debris retention basin in Neff's Canyon. Congressman Stewart seemed supportive. The UPD Board would be meeting to discuss UPD's succession since the recently approved legislative bill removed the Salt Lake County Sheriff as the UPD CEO and removed the enabling language for UPD's creation. He and staff would be meeting with other cities to discuss the issue as well. He hoped to be done with creating a new UPD 2.O by the end of 2024. 4.2 City Council Member Reports Council Member Uipi said slie was involved in the UPD interview panel for lieutenant positions. 4.3 Staff Reports There were none. 4.4 Unified Police Department Report Chief Steve DeBry reported the crime statistics from February 2023. There were 849 total cases, 2,530 calls for service, 180 citations, and 33 booking arrests. There were 22 assaults, 9 burglaries, 19 drug offenses, 68 family offenses, 86 larcenies, 2 robberies, 6 sexual offenses, and 21 stolen vehicles. He presented the calls for service within the % mile radius of the temporary homeless shelter in February 2023 and February 2022. Millcreek c.o.p. Detectives participated in a career day event at a daycare facility in the Millcreek City Council Meeting Minutes 13 March 2023 Page 15 of 15 Mount Olympus Community. Students asked questions of the detectives about their jobs. C.O.P. Detectives located two incidents of graffiti in March. Both were cleaned up by the UPD Graffiti Removal Unit. The Millcreek c.o.p. Unit and school resource officers joined with the Salt Lake County Sheriffs Office, Granite Police Department, and South Salt Lake Police Department at James E. Moss Elementary for the Read Across America event. Officers read to students in all of the classrooms and Sergeant Allen retained his championship in the recess footrace against all challengers. In the month of February, Millcreek officers responded to 61 mental health calls, 25 transient calls for service, 100 traffic accidents, and 18 hit and runs, and issued 185 traffic citations. 5. Consent Agenda 5.1 February 13, 2023 Work Meeting and Regular Meeting Minutes Council Member DeSirant moved to approve February 13th work meeting and regular meeting minutes. Council Member Uipi 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. 6. New Items for Subsequent Consideration There were none. 7. Calendar of Upcoming Events * Planning Cornrnission Mtg. 3/15/23 5:00 p.m. * Mt. Olympus Community Council Mtg., 4/3/23, 6:00 p.m. * Millcreek Community Council Mtg., 4/4/23, 6:30 p.m. *, Canyon Rim Citizens Association Mtg., 4/5/23, 7:00 p.m. * East Mill Creek Community Council Mtg., 4/6/23, 6:30 p.m. * City Council Mtg., 4/10/23, 7:00 p.m. The council would be attending the National League of Cities Convention in Washington, D.C. in two weeks, so there would not be a council meeting on March 27. ADJOURNED: Council Member Catten moved to adjourn the meeting at 9:37 p.m. Council Member Uipi 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. APPROVED: o Jeff Silvestrini, Mayor Date 't-l O'2-e)IJ Attest: !&ty Recorder