City Council

Minutes of the Millcreek City Council April 10, 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 April 10, 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: 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 Cheri Jackson, District 3 John Brems, City Attorney Bev Uipi, District 4 Kurt Hansen, Facilities Director Rita LaurieLund,Communications Johnson, HR-Finance Director Director > John Miller, Public Works Director (electronic) Lisa Dudley, HR-Finance Director Jim Hardy, Building Services Director Andrew Clark, Emergency Manager Attendees: Commissioner Christian Larsen, Commissioner Victoria Reid, Commissioner Skye Sieber (electronic), Commissioner Dwayne Vance, Coi'nrnissioner Shawn LaMar, Rick Hansen, Dan Jackson, Lynn Hemingway, Sally Aulaldi, Jaimee Davis, Joe Moss, Joe Mills, Ashley Spatafore Mirabelli, Dave Spatafore, Chief Zachary Robinson, Dave Harris, David Baird, Dan Schwab, John Janson, Lt. Petty-Brown WORK MEETING - 5:00 p.m. TIME COMMENCED - 5:02 p.m. Mayor Silvestrini called the meeting to order. 1. Utah Legislative Update; Capstone Strategies Ashley Spatafore Mirabelli and Dave Spatafore reviewed the following bills: H.B. 171, Alternative Voting Methods Modification, would have taken away cities' ability to use ranked choice voting but did not pass. Mfflcreek City Council Meeting Minutes 10 April 2023 Page 2 of 16 H.B. 196, Eminent Domain Revisions, said local governi'nents could no longer use eminent domain for the use of public parks, but it did not pass. Mirabelli said there was a lot of housing and homelessness bills. There was $130 million one- time money for housing and homelessness, $20 million on going, and $12 million dedicated homelessness funding. H.B. 364, Housing Affordability Amendments, was about moderate income housing plans. It clarified how a city submits plans to the Division of Workforce Service and provides for an appeals process, curing of plans, and incentivizes state tax credits. H.B. 499, Homeless Services Amendments, passed. The lobbyists worked on this with the mayor and cities that have a homeless shelter in them. It puts more monies in a savings mitigation account. Millcreek was able to receive funds because of the temporary overflow shelter. Cities that do not have a shelter increased their contributions. They were hoping for $2.5 million ongoing funding, but only got one time funding. The bill clarifies the overflow process and code blue requirement. The health department labeled that as extreme conditions and allows them to determine when code blue is used. S.B. 1 74, Local Land Use and Development Revisions, if cities do not do the moderate income housing plan, they are fined and the fee goes to the Olene Walker Housing Trust Fund, $250 a day. Mayor Silvestrini said transportation funding was withheld from the cities who did not do the plan, but Millcreek complies. H.B. 210, Justice Court Changes,iustice court bill that allowed Millcreek to work with Holladay City. There will be taskforces to determine how justice courts operate. H.B. 374, County Sheriff Amendments, made changes to Unified Police Department. Spatafore said the priority interim items were recently posted and one is about townships having funds to deal with law enforcement. Mayor Silvestrini said the Salt Lake Valley Law Enforcement Service District is capped at the amount of property taxes they can collect, and they need relief from that cap. H.B. 527, Mining Operations Amendments, did not move. Mayor Silvestrini said it did not get out of the rules committee. The sponsor has indicated he will try and bring it back. H.B. 291, Short Term Rental Amendments, would have allowed for a pilot program and will be coming back. Council Member DeSirant said it took the enforcement away from cities to regulate short term rentals. Mirabelli said it addressed large buildings for the use of short term rentals like for family reunions with 40-60 people staying in a residential building though it was commercial property. S.B. 295, Dedicated Infrastructure District Act, private entities can form together to create an infrastructure district to levy a tax. The bill did not pass. H.B. 557, Tax Increment Financing Revisions, was discussed. Millcreek City Council Meeting Minutes 10 April 2023 Page 3 of 16 Spatafore said they wanted to be aggressive and proactive with interim sessions. The first interim meetings would be in mid-May. Mike Winder requested information on seeing what cities received direct appropriations on projects to see what Millcreek could do. Millcreek has not been as aggressive on direct appropriations from the state. Mirabelli said a regional nexus was key to getting funding. 2. Unified Fire Authority (UFA) Report; Chief Zachary C. Robinson Chief Zachary Robinson said he was the Assistant Chief Support Services which includes the Logistics Division, IT Division, and Emergency Management Division. He has spent 25 years with UFA; 20 years in operations and 5 years in administration. He described his family and upbringing in Ohio. He said UFA was the largest fire department in the state serving 451,000 residents in 15 municipalities and unincorporated Salt Lake County. There were 35,854 UFA incident responses in 2022. There are 25 fire stations, 484 sworn firefighters, 52 non-sworn staff, and 90 part-timers. There are three fire stations in Millcreek with 16 firefighters on duty. There were 5,727 incident responses in Millcreek in 2022. They have two Type I fire engines, one ladder, two ambulances, two Type 6 engines, and one water tender. The stations are 101, 106, and 11. There were three stations under construction in Magna and Eagle Mountain. There were 31 recruits in recruit class 56. They learned about fire suppression, search drills, vehicle extrication, etc. They finished Battalion Chief bootcamp for captains to learn the role and organizational expectations, preparation for those testing for promotion. The FY 23-24 budget process was underway. The budget would be presented to the UFA Board on May 1 6", He said the heavy snowpack is likely to produce higher than normal water in lakes and streams. Communities have been advised to determine potential trouble areas and pre-position sandbags and/or equipment in trouble areas as needed. There was a statewide cornrnunication effort on a moving water safety campaign. He said the city would need to provide UFA with a fireworks restricted area map by May ls'. Winder proposed the firework restriction map that was used the prior year be the same for the current year. Mayor Silvestrini said there was vegetation in Big Cottonwood Regional Park and keeping the line at 900 E. was consistent with Salt Lake City. Chief Robinson reported on recent promotions. Council Member Uipi asked about the total call volume in Millcreek incorporating calls from other cities. Chief Robinson said it did not capture when units went to other cities. Winder said the Chief would give quarterly updates to the council during their work meetings. He would also report to community councils, if requested. Mayor Silvestrini noted some station crew captains reported to coinrnunity councils rather than the chief. He would like stations 106 and 101 to have more pancake breakfasts because the residents enjoyed them. 3. Millcreek Common Phase 2 Update; Dave Harris, EPG Dave Harris said the goals and objectives were: continue to explore the Milltown story, connected to nature, the value of public space when you care about your community, skateboard/advanced skating activity, a new 18-hole miniature golf experience, native adapted public gardens, interactive water, water wheel art element, shade, food, seating, lighting, speakers, more power, safety through environmental design, large pavilion/stage, open lawn landscape, lighted swings, hami'nock hangout, complete street concepts, SITES certified. He showed the council proposed image concepts of the elements previously mentioned and a site plan of where they will go in Millcreek Coinrnon. Millcreek City Council Meeting Minutes 10 April 2023 Page 4 of 16 Council Member DeSirant asked about retractable street bollards. Winder said there was no budget for that, removable A-frame signs worked just as well the few times a year it was needed. Mayor Silvestiini asked about the volume of the spring for the interactive water feature. Harris noted the water depth would only be 2 inches deep. He said some of the golf features could include Milo the Moose, Millcreek's mascot, or features from the old Dottie's golf course. He showed the council the golf course and Chamber's Avenue site plans. Council Member Catten noted that teenagers needed spaces to spend time. She worried about safety and lighting concerns in Phase II. She wanted a technological connection to the space for the future and wondered about directories connecting people to events, help features, etc. Harris brought up QR codes. Winder noted the police station was on site. Winder said the council saw an earlier version of Phase II in January. The city was applying for grants to help fund the project and had park impact fees available. Nothing could take place there until the parking structure was constructed, so the soonest would be 2025. 4. Staff Reports Andrew Clark reported the city was preparing for potential spring runoff. The city was hosting sandbag filling events and providing sand and bags for residents to fill themselves. The events had over 350 volunteers who filled 17,000 bags. He applied for funding to help with the sandbags and was awarded $50,000 for a filling machine. Salt Lake County Flood Control had 300 feet of muscle wall available and 1,000 feet of portable flood barrier systems. The county has four sandbag staging locations. If residents were unable to place sandbags themselves, they could be connected with available resources. He had identified locations in the city that could serve as evacuation shelters, which have been approved by the Red Cross. He reininded the council to relay to constituents to keep their storm drains clear and remove debris tliat may block culverts. Council Member Catten said if there was large amounts of standing water and a problem with mosquitos, residents could request abatement with the South Salt Lake Valley Mosquito Abatement District. Winder reported that Millcreek Common won Best in State for Parks and Recreation, which had been <ipen for one year. He announced Lisa Dudley as the new HR-Finance Director. Laurie Johnson would stay fulltime until July, and then go part time in the Finance Department. Winder described Dudley's experience. Mayor Silvestrini said Dudley turned UPD's finances around as their Finance Director. The council welcomed Dudley. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member Uipi moved to adjourn the work meeting at 6:40 p.m. Council Member DeSirant seconded. Mayor Silvestrini caned 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: 7:04 p.m. Mmcreek City Council Meeting Minutes 10 April 2023 Page 5 of 16 1. Welcome, Introduction and Preliminary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order. Scouts from Troop 341 led the pledge of allegiance. 1.2 Public Comment Dan Jackson, the three acres below 4881 S. Pinnacle Place, had property in the new FRE (Forestry Recreation Estate) Zone. The zone proposal would change the lot size to 5 acres. Presently in FR-1, the zone allows for I acre lots. His parcel is 3 acres. He felt he would lose the potential ability to subdivide his three acres into two lots, which would seriously affect the value of the property. His and one other property in the city would be adversely affected by the rezone. He asked the council to consider not removing the FR-I zone. He said there was no policy to support changing the zoning from I to 5 acres on these two parcels. 1.3 0utstanding Volunteer Presentation to Dan Schwab and Papa Stormy; Mt. Olympus Community Council David Baird, Mt. Olympus Cornrnunity Council Chair, recognized Dan Schwab and Papa Stormy as the official ambassadors of the Neff's Canyon Trailhead. The trailhead is heavily used, and Dan Schwab and Papa Stormy (and prior pet dogs) have cleaned up garbage there every single day for decades. They make sure the garbage cans are placed for pick up. They also remove smoldering logs from campfire remnants and place them somewhere safe. Papa Ston'ny was a feral dog rescued by the Best Friends Animal Sanctuary in Texas. 1.4 Child Abuse Prevention Month Proclamation Mayor Silvestrini proclaimed the following: PROCLAMATION CHILD ABUSE PREVENTIONMONTH WHEREAS, the children ofMillcreek are thefuture of our state's successand investing in their general welfare, safety and livelihood are of utmostpriority; and WHEREAS, all children deserve to grow up in a safe and nurturing environment to assure they reach their full potential as they grow and develop; and WHEREAS, the protection of children and strengthening offamilies is of concern and responsibility of allMillcreek citizens becausethe wellness of children affects our lives now and will continue to affect us in thefuture; and WHEREAS, child abuse is a serious problem with 9,695 confirmed child victims in the state of Utah last fiscal year with each of those cases impacting an entire family and ajffecting the commvmity as a whole: and WHEREAS, child abuse respects no racial, religious, socio-economic or geographic boundaries, and WHEREAS, all citizens ofMillcreek need to become more aware of child abuse and its prevention within their respective communities and actively encourage and support parents to raise their childrert in a safe and nurturing envirortment, and WHEREAS,preventing child abuse requires each member of the community to be attentive to the problems offamilies around them and commit to do everything they can to help. NOW THEREFORJE,the Mayor and City Council of MiL7creelcon behalf of the Millcreek citizens, proclaim April 2023 as CEflLD ABUSE PREVENTIONMONTH and we call upon all Mfflcreek City Council Meeting Minutes 10 April 2023 Page 6 of 16 our citizens to renew their commitment to be educated orb the impact of child abuse and join in working for its prevention within our commtmities. ADOPTED ort this the 10th day ofApril, 2023 in Millcreek, Utah. Council Member Jackson moved to adopt the proclamation declaring April 2023 as Child Abuse Prevention Month. 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. 2. Planning Matters 2.1 Progress Report on the Zoning and Subdivision Code Update and R- 1/Residential Compatibility Overlay 'Lone (RCOZ) Discussion with the Millcreek Planning Commission Francis Lilly said this code would require the most outreach and the greatest amount of discussion with the public. Joe Moss, Logan Simpson, gave a project update that the subdivision ordinance was adopted on March 15, 2023, the landscape and parking and mobility ordinances were being considered that night, and the AG (Agriculture), FRE, and MHTH (Mobile Home/Tiny Home )Zone Districts would go before the Planning Commission that month. The AG, FRE, MH/TH Zone District drafts were posted online for public comment, they were currently reviewing R-I/RCOZ, R-2s, R-4, MD-3, and RM zones with the stakeholder committee, there would be continued district drafting and staff/stakeholder committee review through August, the Supplemental Regulations chapter drafting and review would be in June-October, and final recodification and Title 14 updates would be in July-November. The goal was to combine similar districts when possible, update and simplify uses, review what uses were permitted and conditional, reduce conditional uses by utilizing standard mitigations where appropriate, introduce definitions for all uses, move the Foothills and Canyons Overlay Zone (FCOZ) and geo- hazards, including steep slope standards, to a sensitive lands overlay, make planned unit developments (PUD) an overlay zone, allow "Legacy" districts for zones to be phased out over time (MD-3, R-4, and AG have already been identified and others may be added), uses regarding animals to be unified in a supplementary section, temporary uses/ structures to be unified in a supplementary section, and wireless telecom to be updated in a supplementary section. Moss said a lot of tlie agricultural and forestry zones in the code were not actually in use, they were inherited from the county. He gave an overview of the AG Zone which included combining A-I, A-2, A-5, A-10 and A-20 into a unified AG Zone, updating and simplifying uses, having fewer conditional uses, and revising spatial requirements. Moss noted that the existing few agricultural zoned lots were small. John Janson said the lot size was not reduced; it was a 10,000 square foot lot. The Forest Recreation Estate (FRE) Zone included combining the F-1, FM-10, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 zones into one unified zone, updating and simplifying uses with fewer conditional uses, eliminated uses geared toward canyon development, and revised spatial requirements that support General Plan goals for conservation. The maximum density is 1 unit per lot. Mayor Silvestrini brought up Mr. Jackson's public comment. Moss said the intent was not to remove developability, but substantial limitations can happen on some of the development because of the slopes. Millcreek City Council Meeting Minutes 10 April 2023 Page 7 of 16 Moss said Millcreek currently had a mobile home zone. He said people may want this zoning as a source of affordable housing. This zone was intended for mobile home parks, tiny tomes would be added as an additional use option, it would update and simplify uses with slight revisions to uses, it used existing spatial requirements plus a pad description for a tiny home. Mayor Silvestrini asked if tiny homes would be different from detached accessory dwelling units (ADUs). Moss said yes. The community councils recommended approval of the AG and MHTH zone changes. There were split recornrnendations on the FR zones. Mt. Olyi'npus unanimously recommended adoption of the FR zone changes as written. The Millcreek Cominunity Council recommended (5-3) removing the 5 acre minimum lot size for the FR zones. The Canyon Rim Citizens Association recoinmended (5-4) to keep the FR-1 in place without changing the 1 acre minimum lot size. The East Mill Creek Community Council unanimously recornrnended keeping the FR-I zone in place without changing the 1 acre minimum lot size. Lilly said pulling the FR-I out of the five acre minimum generated a lot of discussion. The tension was between the General Plan goal for conservation and adjusting minimum lot sizes to facilitate conservation and options of a property owner who sits on undeveloped land. He said no rights had been exercised since the property had been undeveloped land with questionable access (referencing Mr. Jackson's property). Mayor Silvestrini said access was a factor with those properties. Commissioner Vance asked about tiny home parks versus tiny homes on stand alone lots. Moss said it would be on its own lot. Commissioner LaMar asked what advantages there were for the changes to PUDs. Moss said a PUD was currently a conditional use and the advantage of an overlay zone would be that the base district can be customized. It becomes a discretionary legislative decision and gives the ability to work with developers to create a better quality project than might be seen otherwise. Commissioner LaMar asked about the 10,000 square foot lot minimum. Moss said that was the lowest minimum. John Janson said the RCOZ was confusing. The overall objectives were to reduce confusion between the zone and RCOZ, simplify requirements by combining the RCOZ and R districts to a unified standard (RCOZ is the standard for the zones), evaluate current requirements to ensure they are the right fit for Millcreek today, and covers R-I- 3, R-1-4, R-1-5, R-1-6, R-1-7, R-1-8, R-1-10, R-1-15, and R-1-21 zones. Standards from the current R-I zones and RCOZ combined had RCOZ prevailing with three options, A, B, and C. The option A standards would become the general standards, not a separate requirement, and change the envelope for smaller lots. The option B would be renamed as a "Neighborhood Compatibility Modification." Option C would create a new law for a single lot. It would be renamed to "Extraordinary Circumstance Modification." This clarifies the legislative nature and limits the applicability. This requires city council approval, essentially a rezone process. Mayor Silvestrini said the RCOZ was implemented by the county and option C is essentially a rezone. He wanted criteria for what was extraordinary. Jansen said it would be limited to unique lots. Lilly said there had been a lot of internal discussion about the RCOZ option C process. He recognized there was an unusual pattern of lots in Millcreek. Commissioner LaMar asked what lots would be eligible for option C. Janson said there would be a list of criteria, the way it was currently defined allowed any lot to apply for Millcreek City Council Meeting Minutes 10 April 2023 Page 8 of 16 this. Lilly said staff was considering limiting it to lots that were legally established prior to 2009 when tl'ie RCOZ was first adopted. Corni'nissioner Vance asked how option C differed from variance criteria. Janson said a variance had five set criteria by state law that was difficult to meet. This allowed more flexibility assuming someone gets through the process, it's discretionary. Council Member Uipi asked if there was something that defined "extraordinary." Moss said the criteria in the draft was the lot needed to be an existing lot of record prior to the first RCOZ adoption in 2009, it can only be considered if the proposed residential structure could not be accommodated throrigh a neighborhood modification, the site features unique characteristics difficult for construction, and there were easements impacting the buildable area of the lot. Janson showed the spatial requirements for the single household residential zones and different envelope renderings. Commissioner Larsen said his neighborhood should be zoned R-1-6 but should be R-1-4 and asked which standards would apply to his neighborhood. He said there was no maximum building height for R-1-4 with RCOZ. Lilly said it would default to the base zone. Mayor Silvestrini said this ordinance was enacted to strike a balance for new housing stock to be compatible with existing housing stock. Comi'nissioner Larsen recommended eligible R-1-6 zoned lots be downzoned where appropriate. Mayor Silvestrini said the 28 foot height limit could be adjusted. He acknowledged the housing affordability crises but was not sure the residents would be receptive to additional building height. Lilly said a way to safely stabilize a neighborhood was to set policies to encourage under certain circumstances the ability for people to expand or stay in their homes. RCOZ may have had an unintended consequence of keeping the neighborhood as is. It is easier to expand a home than find another one. John Brems said option C had confused him of what it is and is not, and wondered if it should be turned into a variance. Mayor Silvestrini said it effectively created a new zone for property, but a variance was not supposed to be legislative. He said guardrails would be appropriate. Commissioner Vance asked if option C would open floodgates on what could be obtained on a discretionary basis. Council Member Jackson said it would be on a case by case basis but with consistency. Mayor Silvestrini said it was a safety valve with a discretionary element that a land use hearing officer could not give. Council Member Uipi wondered what precedent had been set with option C. Commissioner Reid asked if someone who got turned down for option C could apply for a variance. Lilly said there was not an appeal of a legislative decision, but there was nothing stopping anyone from applying for a variance. Commissioner LaMar requested good definitions. Moss described the next steps which included R zones public outreach, mailouts and plaru'ier office hours in May, R/RCOZ, and MD-3 District discussions with cornrnunity councils in April-May with a recornrnendation in June, a new R zone draft to the stakeholder committee soon for cornrnents, R-2s, R-4, and RM district discussions with the stakeholder committee and then community councils in April-May with a recommendation in June. Lilly said there would be about 7,000 mailings informing of planning office hours to take comment. Mayor Silvestrini felt incorporating RCOZ into the base zone would be helpful for residents. Moss said the consultants would be sending out draft ordinances. Millcreek City Council Meeting Minutes 10 April 2023 Page 9 of 16 Council Member Uipi moved to recess the meeting at 8:19 p.m. 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, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously Council Member Desirant moved to resume the meeting at 8:26 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. 2.2 Discussion and Consideration of Ordinance 23-12, Amending Title 19 of the Millcreek Code of Ordinances by Amending Chapter 19.04 Definitions, Repealing Chapter 19.77 Water Efficient Landscape Design and Development Standards, Enacting a Revised Chapter 19.77 Landscape Standards, and Adopting the Millcreek Plant Species List as an Appendix to Chapter 19.77 Francis Lilly said the council had two prior readings of the item. The landscape standards ordinance would allow residents to qualify for grants to replace ornamental turf grass with more water efficient plant materials. The ordinance would eliminate ornamental turf grass from commercial property unless it had a functional purpose. There were also street tree requirements and parking lot landscaping requirements. The ordinance would qualify Millcreek residents for relandscaping rebates, and the ordinance would be used as a model for other cities. There was a plant species list incorporated in the ordinance as well as an invasive species list of plants not allowed. There was a requirement for street trees being removed to be replaced. The code would remove the definitions sections and combine them into one and remove references to those section numbers elsewhere in code, add definitions as recommended by Logan Simpson, coaify irrigation design standards, and make legal corrections to ensure compliance with state statute. A "public landscaping improvement" definition was included in the draft that day and it came from new state code and involved what could be bonded for. Mayor Silvestrini asked for public comment. There was none. Council Member Jackson moved to adopt Ordinance 23-12, Amending Title 19 of the Millcreek Code of Ordinances by Amending Chapter 19.04 Definitions, Repealing Chapter 19.77 Water Efficient Landscape Design and Development Standards, Enacting a Revised Chapter 19.77 Landscape Standards, and Adopting the Mfflereek Plant Species List as an Appendix to Chapter 19.77 and adopting the changes as detailed by Francis. 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. Mayor Silvestrini would like to see something in the city's newsletters about the compliance and rebate eligibility. 2.3 Discussion and Consideration of Ordinance 23-13, Amending Title 19 of the Mfflcreek Code of Ordinances by Amending Various Sections of Title 19, Repealing IVIillcreek City Council Meeting Minutes 10 April 2023 Page 10 of 16 Chapter 19.80 0ff-Street Parking Requirements, and Enacting a Revised Chapter 19.80 Parking and Mobility Standards Francis Lilly said the ordinance updates parking ratios for all uses, implements new parking standards for affordable housing, implements the Moderate Income Housing Element, reduces reliance on parking studies, requires stacking studies for drive-through uses, creates enhanced requirements for EV cliarging stations for commercial and residential uses, and where on-street parking is available, it counts toward overall parking ratios. On March 13, staff received guidance from the council on parking ratios and proposed cl'ianges subsequent to Plaru'iing Commission recommendations. Staff created ratios for multi-household development based on those recoinmendations and made technical amendments to the code to resolve inconsistent language. He highlighted the Minimum Parking Dimensions table and subsequent table notes. Table note 1 had been revised and acknowledged columns in parking structures. There had also been a distinction added between high volume and low volume gym or fitness studios. Mayor Silvestrini asked for public comment. There was none. Council Member Jackson moved to adopt Ordinance 23-13, Amending Title 19 of the Millcreek Code of Ordinances by Amending Various Sections of Title 19, Repealing Chapter 19.80 0ff-Street Parking Requirements, and Enacting a Revised Chapter 19.80 Parking and Mobility Standards. 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. 3. Financial Matters 3.1 Present FY 2023-24 General Fund, CIP Fund, & Storm Water Fund Tentative Budgets; Laurie Johnson, HR-Finance Director Laurie Johnson reviewed the General Fund revenues. Property tax would stay the same because a property tax increase was not proposed, and she would not know the rate until June. The sales and use tax had decreased to be conservative. The energy sales and use tax would increase because it would be a full year of collections, not only six months. She was conservative with building permit revenue. Grants would be recognized when they were actually received. The planning fees were going down and Millcreek Common was going up. She kept interest earnings conservative. The use of fund balance used what was needed to balance out the Unified Police Department (UPD) contract. The total revenue was $36,891,941. Johnson reviewed the General Fund expense projections. There were currently 51 full- time employees, who would receive a 5% cost of living adjustment and may receive a 1.5% merit increase. The medical insurance would increase 5.5% and dental insurance would increase 1.7%. The contract for the Washington D.C. lobbyist increased, and homeless mitigation funds were not included in this fiscal year in the Mayor and City Council budget. Mayor Silvestrini said when Millcreek originally retained Barker Leavitt as D.C. lobbyists, the city was able to get a lower, favorable rate. The council was impressed by the lobbyists' work and agreed to pay their full contract rate. Johnson clarified that in the City Management budget (and other budgets) the salary now included a stipend for waiving medical insurance and cell phone stipend if applicable. The justice Millcreek City Council Meeting Minutes 10 Aprn 2023 Page 11 of 16 court services would be provided by Holladay as of July 1, 2023. It was anticipated that expenses would be reduced. In the Public Safety budget, the Salt Lake County Animal Services and Unified Police Department contract amounts were increasing. The UPD contract parameters included shared service formula and revenue changes - ($180,060), wage and benefit formula adjustments - ($870,709), merit and market wage adjustments - $348,044, civilian and crossing guard wage adjustments - $93,006, and 3% COLA - $330,763. The Promise Program budget would recognize grants as they were received. The City Recorder budget included the 2023 election costs. The Building Services, Emergency Management, Coinmunity Life Events and Programs, Millcreek Common Adventure Hub Operations, Finance, Business License, and Facilities Administration budgets increased related to persoru'iel expenses. The Cominunications budget decreased due to removal of grant funds allocated to the Asian Association. The Information Center reallocated one full time position to two part time positions. The Economic Development Department had a small benefit increase. The Community Life/Millcreek Common Administration had an increase related to persoru'iel expenses and professional service related contracts. The Millcreek Common Business Development budget increased in expenditures related to the public market operations within the new city hall. The Millcreek Common Adventure Hub Facilities and Operations were combined in FY 23 but split in FY 24 to facilitate better management. The Human Resources budget increased related to a small increase for training. The Business License Department division would be part of the Finance Department in the new fiscal year. The Non-Departmental budget increased in insurance related to the new city hall as well as a decrease in transfer to Capital Improvement Projects (CIP). The Facilities budget increased due to related increased expenditures for the new city hall. The Fleet budget decreased due to not purchasing any additional vehicles. The IT Management budget decreased related to lower software licensing expenses. The Public Works budget increased due to the related public works contract with Salt Lake County increasing and personnel expenses. There was no change in the Class B & C Road Funds budget. The Fund Balance projection was $12,864,328 or 34.87% of the budget. Johnson reviewed the CIP budget. She said a lot was the same, intergovernrnental grants were recognized when they were received. She decreased the interest from the bond by $400,000. Any funds not used in FY 23 would be brought forward in a budget amendment in FY 24. She had been tracking the Misc. Projects funds. The Storm water fees in the Ston'nwater Budget would be going up 2.58%. The fund had $474,000 in fund balance for emergencies. 3.2 Present FY 2023-24 Mfflcreek Municipal Fee Schedule; Laurie Johnson, HR- Finance Director Johnson said the new changes to the fee schedule were in red text and the old was in black. She felt the new fees were more customer friendly. She quickly went through the amended and added fees and presented the budget calendar for the year. 3.3 Discussion and Consideration of Resolution 23-17, Acknowledging Receipt of the Tentative Budget; and Tentatively Adopting the Tentative Budget Pursuant to the Mfflcreek City Councn Meeting Minutes 10 April 2023 Page 12 of 16 Requirements of Utah Code Ann. § 10-6-111 for the Fiscal Year Beginning July 1, 2023, and Ending June 30, 2024 Council Member Uipi moved to adopt item 3.3. Council Member DeSirant seconded. The Recorder called for the vote, Councn 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. Council Member Uipi moved to recess the meeting for the purpose of conducting the community reinvestment agency meeting at 9:07 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. Council Member DeSirant moved to resume the city council meeting at 9:14 p.m. Council Member Jaekson 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. Business Matters 4.1 Public Hearing on Possible Eminent Domain at 3350 S. 2000 E. for Millcreek 2000 E. Improvement Project Mayor Silvestrini said this is for the road and sidewalk improvement on 2000 E. The council considered this at the last meeting but due to a noticing issue, wanted to do it agaui. 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, Councn Member Jackson voted yes, Councn 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. Councn 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 Snvestrini voted yes. The motion passed unanimously. 4.2 Discussion and Consideration of Resolution 23-13, Authorizing and Approving Proceedings in Eminent Domain as Necessary Mayor Silvestrini said this was for a temporary constmction easement at the above referenced property. ' Council Member DeSirant moved to adopt Resolution 23-13, Authorizing and Approving Proceedings in Eminent Domain as Necessary. Council Member Uipi seconded. Council Member DeSirant recognized the need for sidewalk. Mayor Silvestrini said it would be to effect improvements in the city's right-of-way. He invited the property owner to negotiate Mfflcreek City Council Meeting Minutes 10 April 2023 Page 13 of 16 with the city. Council Member Jackson said eminent domain was the last resort but requests for improvements on this street had been made since the city's incorporation. 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. 4.3 Discussion and Consideration of Resolution 23-14, Accepting the FY24 Transportation and Land Use Connection Grant that Requires a Match in the Amount of $70,155, and Approving the Letter of Concurrence and Match Agreement with Wasatch Front Regional Council Mayor Silvestrini said this grant was for a proposed sidewalk master plan. The city received a grant from the Wasatch Front Regional Council to do a trails and sidewalk master plan which would augment the Walk Millcreek Plan the county did. Council Member Catten moved to adopt Resolution 23-14, Accepting the FY24 Transportation and Land Use Connection Grant that Requires a Match m the Amount of $70,155, and Approving the Letter of Concurrence and Match Agreement with Wasatch Front Regional Council. Council Member DeSirant seconded. Mike Winder said it also included funding for bus shelter improvements. 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 4.4 Discussion and Consideration of Resolution 23-15, Approving a Cooperative Agreement Between Millcreek and the Utah Department of Transportation for Funding to Construct the Mfflcreek Trailhead Next to the Jordan River Mike Winder said the city received a legislative allocation to help finish tl'ie Jordan River Trail and this accepts that money. Mayor Silvestrini commended Winder for lobbying for the funding. Council Member Catten moved to adopt Resolution 23-15, Approving a Cooperative Agreement Between Millcreek and the Utah Department of Transportation for Funding to Construct the Millcreek Trailhead Next to the Jordan River. 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, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 4.5 Discussion and Consideration of Resolution 23-16, Authorizing Millcreek to Apply for Funding from the Land and Water Conservation Fund State-Side Grant Program to ASSiSt in Funding Millcreek Common Phase II Mike Winder said the Utah Outdoor Recreation people recommended that Millcreek apply for LWCFR funds that is federal money and does not get used every year. The funding must be used for permanent open space, and Millcreek Common is since it runs on a fault line. It has a 15 montli application lead time and is for over $2 million. Council Member Uipi moved to adopt item 4.5, Resolution 23-16. Council Member Jackson seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Millcreek City Council Meeting Minutes 10 April 2023 Page 14 of 16 Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously 4.6 Discussion and Consideration of Ordinance 23-10, Amending Title 2 Chapter 11 of the Mfflcreek Code of Ordinances Entitled Declaration of Candidacy Elyse Sullivan said the current code allowed candidate declaration fees to be waived with a signature petition, but this revision would be in line with state code by allowing an affidavit of impecuniosity. Council Member DeSirant moved to adopt Ordinance 23-10, Amending Title 2 Chapter 11 of the Mfflcreek Code of Ordinances Entitled Declaration of Candidacy. Council Member Uipi 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 4.7 Discussion and Consideration of Ordinance 23-11, Authorizing the Amendment to Various Sections of the Millcreek Code of Ordinances to Replace Outdated References to Other Sections of Code, Fix Typos and Grammar Errors, Pronouns, and Other Non-Substantive Changes Sullivan said with the recent subdivision code amendment, she needed authority to edit references to the old code. This would also allow other typos and such to be amended as needed. Council Member Uipi moved to adopt item 4.7, Ordinance 23-11. 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 4.8 Discussion and Consideration of Resolution 23-18, Approving an Appointment to the Historic Preservation Commission Francis Lilly said Arie Leeflang lived in District 4 and was a certified archeologist. A panel interviewed him and recoinmended that the mayor nominate him to the COrlIlmlSSIOn. Council Member Uipi moved to approve item 4.8, Resolution 23-18. 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, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously 4.9 Discussion and Consideration of Ordinance 23-14, Declaring Approximately 10,753 Square Feet of Real Property Located at 3210 South Highland Drive, Millcreek, Utah, as Surplus; Establish a Minimum Bid; and Establish a Method to Determine the Highest and Best Economic Returns to the City Mike Winder said the city would widen Chambers Avenue. hi order to do so, the Paletti building was purchased and demolished. Part of that site would be traded to SOAR development and the rest would be surplussed. The property on the north side of Chambers Avenue would be traded for to assist in widening the road. Mnlcreek City Council Meeting Minutes 10 Aprn 2023 Page 15 of 16 Council Member Jackson moved to adopt Ordinance 23-14, Declaring Approximately 10,753 Square Feet of Real Property Located at 3210 South Highland Drive, Millcreek, Utah, as Surplus; Establish a Minimum Bid; and Establish a Method to Determine the Highest and Best Economic Returns to the City. Councn 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. 4.10 Discussion and Consideration of Ordinance 23-15, Declaring Approximately 2,614 Square Feet of Real Property Located at 3210 South Highland Drive, Millcreek, Utah, and Approximately 1,742 Square Feet of Real Property Located at 3254 South Highland Drive, Millcreek, Utah, as Surplus; Establish a Minimum Bid; and Establish a Method to Determine the Highest and Best Economic Returns to the City Councn Member DeSirant moved to approve Ordinance 23-15, Declaring Approximately 2,614 Square Feet of Real Property Located at 3210 South Highland Drive, Millcreek, Utah, and Approximately 1,742 Square Feet of Real Property Located at 3254 South Highland Drive, Millcreek, Utah, as Surplus; Establish a Minimum Bid; and Establish a Method to Determine the Highest and Best Economic Returns to the City. Council Member Jackson seconded. Council Member Jackson asked if the procedure for the property trade was correct. Winder said yes. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, (;:ouncil Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously 5. Reports 5.1 Mayor's Report Mayor Silvestrini reported on the council's trip to Washington D.C. They were able to attend the convention of the National League of Cities. They met with Millcreek's six members of delegation and sought support for the Neffs Canyon debris basin. Congressman Curtis was willing to support that. He said the city was preparing for potential flooding. 5.2 City Council Member Reports Council Member Uipi reported that she was pleased the entire council was able to go to D.C. She appreciated the council's diversity and representation. 5.3 Staff Reports There were none. 6. Consent Agenda 6.1 Approval of February 27, 2023 Work Meeting and Regular Meeting Minutes 6.2 Approval of March 13, 2023 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve items 6.1 and 6.2. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Millcreek City Council Meeting Minutes 10 April 2023 Page 16 of 16 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 Council Member Jackson asked if interviews for the planning commissioner positions had started. Lilly said only two applications had been received, but he would start the interviews. 7. Calendar of Upcoming Events * Historic Preservation Coinrnission Mtg. 4/13/23 6:00 p.m. * Planning Comi'nission Mtg. 4/19/23 5:00 p.m. * City Council Mtg. 4/24/23 7:00 p.m. ADJOURNED: Council Member Jackson moved to adjourn the meeting at 9:36 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: Date /'hriy { '2h 2 3 Attest: