City Council

Minutes of the Millcreek City Council May 8, 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 May 8, 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 (lefi at 6:40 pm, electronic) Mike Winder, City Manager Cheri Jackson, District 3 John Brems, City Attorney Bev Uipi, District 4 (arrived at 7:00pm, electronic) Kurt Hansen, Facilities Director Rita Lund, Communications Director John Miller, Public Works Director Kayla Mayers, Promise Program Manager Robert May, Long Range Planning Manager Ryan Bagshaw, Development Review Engineer Dan Drumiler, Stormwater Engineer (electronic) Carlos Estudillo, Planner Katie Larsen, Plaru'ier Sean Murray, Plaru'ier Lisa Dudley, HR-Finance Director Attendees: Chief Steve Debry, Alexis Bucknam, Dwight Yee, Arny Ahrens Terpstra, Bill Crim, Richard Hansen, Bibi Sadia, Dan Jackson, John Malmborg, Millard Bulanon, Ted, Jodie and Sarah Cundick, Bizzie Watson, Rachel Watson, J. Try McKinnin, J. Martindale, Anna Liu, Hamlet Soria WORK MEETING - 5:00 p.m. TIME COMMENCED - 5:04 p.m. Mayor Silvestrini called the meeting to order. 1. United Way Promise Partnership Update; Bffl Crim, CEO Millcreek City Council Meeting Minutes 8 May 2023 Page 2 of 13 Mayor Silvestrini said shortly after Millcreek's incorporation, he saw the South Salt Lake City Promise Program in action and thought the program would be a benefit to Millcreek residents. This would help to unify the population and provide service opportunities. The Millcreek Promise Program started on the 1-year anniversary of cityhood. The Program has since grown and thrived through the city council's support and funds from the American Rescue Plan Act (ARPA). There is a program manager and interns. The program has committees: safety, education, economic wellbeing, and health. The program first started with an afterschool program at Millcreek Elementary School and since then a program for students residing in Holladay Hills Apartments attending William Penn Elementary School. The council has supported and is coinmitted to the program. The Granite School District made a deternnination to close Millcreek Elementary School due to population concerns. He wanted the local neighborhood schools to provide academic opportunities for success. Bill Crim, Director of United Way of Salt Lake, said this was a national effort to provide opportunity for kids. He said there were other Promise partnerships, organized as strategies to deal with service-delivery chaos. They are aimed at solving the problem and overcoming the chaos of good people doing work that was not well coordinated and looking to someone else to solve the problem. The civic infrastructure or collective impact could change the world. United Way of Salt Lake has developed a nationally recognized partnership infrastructure to overcome the barriers and help the state achieve a shared vision. He thanked the mayor and council for leading with action. Kayla Mayers said she pulled coinmunity serving organizations and residents into committees to create action plans and goals to move the work forward. The committees are health, safety, education, and economic wellbeing. The Millcreek Promise Program has accomplished resource fairs, peer court, afterschool programs, digital equity roadmap, job fairs, public transportation initiatives, school day tutoring, and new Millcreek partnerships. Arny Ahrens Terpstra highlighted the next phase, 100% Promise Initiative. It is a joint effort between Millcreek Promise, Promise South Salt Lake, Granite School District, and Promise Partnership Utah to achieve 100% high school graduation on a career path and 100% basic needs met. These are needed because of large gaps in graduation between students with higher and lower incomes, pandemic impacts on postsecondary enrollment, students not adequately prepared for high school and postsecondary, rising costs and social service delivery chaos make it hard for families to meet basic needs, and complex problems require cross-sector partnerships. All strategies are implemented within the "civic infrastructure" of Millcreek Promise and Promise South Salt - aligned, relentless leadership, shared accountability across partners and sectors, and data infrastructure that allows for real-time focus on needs, action to overcome barriers, learning and adaptation. She said there were strategies to accomplish the goal of 100% basic needs met and 100% graduation on a career path in two communities (South Salt Lake). Ahrens Terpstra said alignment of leadership was needed between Millcreek, South Salt Lake, and Granite School District. She felt a renewed commitment by the Promise Partnership Utah team and Millcreek Promise team was necessary. This would be a $150,000 multi-year investment in the Millcreek Promise team. The Promise Partnership Utah was committed to investing in human capital to excel at collective impact partnership management. She announced a block party at Millcreek Common on June 14'h. Mayor Silvestrini thanked Millcreek City Council Meeting Minutes 8 May 2023 Page 3 of 13 United Way. He said $150,000 would help extend what Millcreek had started with ARPA money. He said the Promise team recently held a resource fair at Bud Bailey Apartments. He wanted to support kids in elementary, junior high, and high school. This is an education-heavy component program. Ahrens Terpstra said there are hundreds of non-profit and business partners in the community. Mayor Silvestrini said this was a data driven program and it would be measured on results. The block party would help fund the program. 2. Stormwater Utility Fee Annual Increase Presentation; Dan Drumiler, Stormwater Engineer, and John Miller, Public Works Director Mayor Silvestrini said the council had a preliminary conversation about this at their last meeting. John Miller said the storin water utility fee analysis illustrated an assumed 2.3% annual rate increase. The fees started in FY 2020-21 and no rate increase had been implemented since then. This would help offset the rising costs of construction and emergency repairs due to inflation. Miller presented three options to the council to maintain needed revenue increases: option A would add 2.3% now and add 2.3% at the end of the calendar year and go back to 2.3% for FY 24-25; option B would add 4.6% at the beginning of FY 23-24 and go back to 2.3% for FY 24-25; and option C would add 2.3% at the begiru'iing of FY 23-24 and 2.3% for FY 24-25. Mayor Silvestrini asked what projects would be impacted with these options. Miller said they had not been able to address planned projects because they have been doing emergency projects. There were non-emergency projects planned for next year if things went well. Mayor Silvestrini asked about concerns for the storm drain system with respect to flooding. Miller said there was hardly any stornnwater infrastructure on the east side of the city, and that is where flooding would impact the city. Council Member Jackson asked about the dollar per household increase with the fee increase. Miller showed the residential class breakdowns, with an average monthly increase of $0.43. He said it would have a larger impact on class three, commercial/institutions with a monthly increase of $16.10. Council Members Jackson and Catten were more inclined to support option B. Council Member Catten did not want to change the rate every six months, but do the change all at once. Mayor Silvestrini said that supported what should have been in place to begin with. The council provided staff direction to pursue option B. 3. Planning Matters First Readings: a. ZM-22-013, Rezone Request from R-2-10 to R-M at 3956-3960 S. 300 E. by Applicant Dwight Yee; Carlos Estudillo, Planner Carlos Estudillo said the applicant was seeking to rezone two parcels from the R-2-10 Zone (Medium Density Residential Zone) to the R-M Zone (Multifamily Residential Zone) to accommodate a 14-unit townhome development. The parcels equall.33 acres. The vicinity is composed of two-family dwelling and neighborhood commercial properties to the north, multi-family buildings to the south, and large-scale commercial to the west of the subjected parcels. The future project would consist of 14 townhome units capped at 30 feet high, well below the maximum required height in the R-M zone. The proposed project's footprint is 10,450 square feet out of 46,450 square feet (1.33 acres), well below the maximum required lot coverage of 18,580 square feet (40% of total lot size) in the R-M zone. The proposed open space area is 18,804 square feet, barely above the maximum required open space area of 18,580 square feet (40% of total lot size) in the R-M zone. A 25-foot private lane would be placed for residents' access, with a firetruck turn-around located at the north- Millcreek City Council Meeting Minutes 8 May 2023 Page 4 of 13 end of the property. Ten guest parking spots would be located near the south property line, which met the required guest parking requirement. A fenced kid's playground would be provided as a development amenity. Water-wise planting was envisioned to compose most of the landscaping. All architectural requirements have been met, including frontage requirements. Estudillo sliowed the council the proposed site plan, and building renderings and elevations. The Future Land Use Map identified the property as Neighborhood 3, which consists primarily of multifamily apartments or condominiums and secondarily townhomes or duplexes. He presented tlie following staff findings and condusions: 1. A multifamily use would be in harmony with the current land use designation because the general plan designation for these parcels is under "Neighborhood 3 ", which its primary intended use is for multi-family apartment and condominiums 2. The number of units shown within the proposed concept plan would be below the maximum density contemplated by the general plan because the applicant is proposing 14 units in 1.33 acres, well below the designated density for the "Neighborhood 3 " category, which is 18-35 units per acre. 3. A development agreement may best ensure the type, scale, style, materials, orientation, dedication, utilities easements, access, phasing, and other aspects pertaining to the future development of these properties, where the underlying zoning and land use ordinances may be insufficient; Therefore, a development agreement will be in place to ensure development design and layout of the property. 4. All development will be required to meet the minimum zoning and land use ordinances. Estudillo said the Millcreek Community Council recommended approval of the rezone as presented. The Planning Cornrnission recornrnended approval with the condition that a development agreement be negotiated with the developer, consistent with the proposal presented by the staff's report and presentation at the Planning Commission meeting. Estudillo said a development agreement was drafted after the commission meeting. The terms address height, setbacks, parking, landscaping and open space, amenities, uses, lighting, materials, dedication, utilities, and walkways. He recommended approval of the application. Council Member Jackson asked if the neighboring single-family homes attended the prior meetings. Estudillo said they did. The neighboring properties were initially included in the rezone application, but they did not want to pursue development yet, so they pulled out. Council Member Jackson asked if the units would be for sale or rental. Dwight Yee, architect, said the plan was for the units to be rented but they would plat the development as if it could be for sale. The units have 3 bedrooms and 2.5 bathrooms. Mayor Silvestrini asked about the highlighted items on the proposed development agreement. Estudillo said they were still working on those items. Council Member Jackson asked about lighting in the development. Yee said there would be site lighting that would be non-intrusive to the neighbors. Estudillo pointed out that the project would go through the conditional use permit process after the rezone. b. ZT-23-005, Amendments to Title 19 Updating Definitions, Repealing the A-I, A-2, A- 5, A-10, A-20, FA-2.5, FA-5, FA-10, and FA-20 Zones and Enacting a New Agriculture Zone; Kate Larsen, Planner Millcreek City Council Meeting Minutes 8 May 2023 Page 5 of 13 Katie Larsen said these were the proposed text amendments to Title 19. Changes to zoning regulations are intended to regulate new development. Any existing structure or use that was legally established prior to the changes may continue, subject to Millcreek's standards for nonconforming uses and noncomplying structures. The A-1, A-2, and A-5 were the only existing agricultural zones. Millcreek's code currently includes several agricultural zones that were inherited from Salt Lake County and are intended for relatively intense agricultural areas. Several agricultural zoned properties in the Canyon Rim Neighborhood are subject to a zone condition limiting residential development to new single-household dwellings. This zone condition is proposed to remain in place. The amendments would include removal of several permitted and conditional uses, including but not limited to: won'n farming, sugar beet loading station and dump site, airport, gasohol production, slaughterhouse, golf course, gun club, and duplexes. Agriculture zones will gain a legacy status meaning that no additional parcels, lots, or land can be added to the AG Zone. The minimum lot size of the AG Zone would be 10,000 square feet with a 75-foot lot width. She highlighted on a General Plan map where the agricultural zones were located. The General Plan has the following goal on Food Accessibility, Goal HE-1, to ensure access to nutritious, affordable, and safe food for an active, healthy life. The proposed ordinance helps maintain the intent of the agriculture zone preserving small-scale residential food production. Larsen noted all of the community councils recommended approval of the application. The Mt. Olympus Community Council recornrnended removing campgrounds and outdoor dog kennels as conditional uses in the AG Zone. Council members also recommended refining the definition of private recreational facilities. The proposal would expand the definition to include more amenities. Mayor Silvestrini asked if they wanted to remove campgrounds and outdoor dog keru'iels from permitted uses as well. Larsen confirmed. The staff findings were: 1. The proposed consolidation of Agricultural zones, A-1, A-2, A-5, A-10, A-20, FA-2.5, FA-5, FA-10, and FA-20 and the creation of the AG legacy zone supports the Future Land Use Map (FLU). The proposed supports the FLU map in that no areas are planned to be 'Agricultural.' By deeming the AG zone, a legacy district, properties may redevelop according to FLU map designations and more closely fit the character of the surrounding area. 2. The proposed amendments to the zone regarding uses aligns with the General Plan, as it looks to preserve small scale agriculture and eliminate intensive uses which may have a detrimental impact on residents' health, safety, and wellbeing. 3. Property owners with uses aligned with existing code may continue their use as it will become grandfathered or legally non-compliant. 4. A property owner may not rezone to the AG zone due to its legacy status. 5. A property owner may not extend the boundary of the AG zone by consolidating property. 6. Staff has not received comment regarding AG zone updates from residents, although a resident inquired about the AG Zone at the Canyon Rim Citizens Association meeting. 7. Text Amendments and Ordinance approvals are legislative items, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. 8. Staff recommends that the Planning Commission gives a positive recommendation on ordinance ZT-23-005 to the City Council as proposed by staff. Millcreek City Council Meeting Minutes 8 May 2023 Page 6 of 13 Mayor Silvestrini asked about changes to the livestock permissions, specifically with roosters. He said they were not currently prohibited. Larsen said the domestic foul ordinance would be referenced. Council Member Jackson asked if there was a neighborhood meeting for the agriculture properties. Francis Lilly said no, only the coinmunity council meetings. Larsen said one person asked if they would be able to maintain their small orchard, and they would be able to. Council Member Jackson asked about the recreational facility definition. Larsen said the amendment would expand the definition to allow more uses. Council Member Catten said there was a lot of livestock and high density near the Jordan River, and she anticipated a clash there. Mayor Silvestrini asked if the rooster issue was controversial and needed to be visited by the Planning Commission. Lilly said it was already changed with the proposed text that they recommended. Mayor Silvestrini said the updates would be useful. c, ZT-23-006, Amendments to Title 19 Updating Definitions, Repealing the F-1, FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones and Enacting a New Forestry Recreation Estate Zone; Sean Murray, Planner Sean Murray said the proposed zone would combine all the forest and recreation zones into one, the Forestry Recreation Estate Zone, and it would encompass all properties currently located in an FR-1, FR-2.5, FR-5, FR-10, and FR-20 zone. All properties in the revised Forestry and Recreation Estate Zone would be subject to the development standards in FCOZ, and any existing zone conditions would remain in place. Changes to zoning regulations are intended to regulate new development. Any existing structure or use that was legally established prior to the changes may continue, subject to Millcreek's standards for nonconforming uses and noncomplying structures. Millcreek's code currently includes several Forestry and Recreation Zones that were inherited from Salt Lake County and are intended for relatively intense industrial and recreational uses. The proposal included removal of several permitted and conditional uses, including but not limited to ski resorts, agriculture, logging and lumber processing, mineral extraction, underground record storage vaults, airport, dude ranch, and golf courses. Forestry and Recreation Estate Zone properties will gain a legacy status meaning that no additional parcels, lots, or land can be added to the FRE zone. The FRE Zone would have a 5-acre minimum lot size and 300-foot minimum lot width. Murray said this ordinance would help to further General Plan Open Space Goal O-3, Viewshed Goal HE-7, Resilience Goal HE-8, Environmental Sustainability Goal HE-5, Air and Water Goal HE-6, Identity Goal GP-8, Physical Environmental Goal E-5, Outdoor Industry Focus Goal E-3, Character Goal N-1, Access Goal O-1, and Canyon Access Goal 0-6. Lilly said the disposition of some FR-1 Zoned land has come up in recent discussion with the south end of Mile High Drive. A landowner has requested that his property be protected from the 5-acre minimum lot size. Lilly gave background on the proposed zone recommendation. He presented maps of east Millcreek from 1985 and present day. Prior to 1993, Olympus Cove was zoned R-1-8 and R-1-10. In 1980, the county adopted the Hillside Protection Zone (the predecessor to the Foothills and Canyons Overlay Zone - FCOZ). He said calls to protect this area date back to 1972 in the county's Big Cottonwood District Development Plan. As far back as 1993, it was known that steep slopes and access Mfflcreek City Council Meeting Minutes 8 May 2023 Page 7 of 13 problems render much of the area undevelopable. An old staff report from 1993 said the R- 1 Zone was misleading. It mathematically allowed large parcels to be subdivided and created developable lots when other things intervened such as hillside protection and access issues. In 1993, the R-1-10 and R-1-8 zones were changed to what is seen in present day with FR zones. The rezone addressed aesthetic concerns, acknowledged development constraints, and mitigated fire danger by promotiiig larger lots. FR-1 was established along Mile High Drive because the area is "relatively flat." FCOZ was adopted in 1998 and was designed to balance the interest of property owners with the reality of critical wildland habitat, viewshed, wilderness protection, and to protect the area as a conservation opportunity. FCOZ generally prohibited development on slopes greater than 30% and prohibits roads that cross slopes greater than 30%. In 2017, a property on Grandeur Peak was rezoned from FR-5 to FR-10 due to access concerns and the impending threat of development on the hillside. That property now has a conservation easement and is a part of the Bonneville Shoreline Trail System. Most of the remaining buildable sites have been identified since 1993. Mile High Drive is probably the only major development opportunity remaining in Olympus Cove. Lilly showed maps of the Grandeur Peak section, Neffs Canyon section, Mount Olympus section, and a close up of Mile High Drive highlighting potentially buildable sites, conservation/trail easements, access challenges, and public ownership. There was a geologic hazard on the Mt. Olympus section with avalanche and debris flow. The mountainous sections were not developable. Lilly said development considerations on Mile High Drive include the existing drivable surface is approximately 14 feet wide which is a private road, and apparent easement limitations for additional access would have to be resolved. There is a private access road dividing ownership among several entities. The road is also on a prominent ridge. The Fire Marshal's and city's standards would require at least a 29-foot drivable surface, doubling the width of road. Provision of water and sewer utilities would be costly. Staff was mostly concerned about access on Mile High Drive. The individual who is most concerned about the proposed zone change does not appear to have frontage on Mile High Drive. Council Member Jackson asked if a developer would be required to widen the road. Lilly confirnned. He said it would be the longest private road in the city. Council Member Jackson asked about fire hydrants. Lilly said they would be needed. Development impediments identified in the 1993 rezone are even more apparent today. Since 1993, Millcreek has experienced fires, unusual wildlife interactions, and flooding in Olympus Cove. He stated it was good public policy to create a zone that reflects the underlying reality of the land and the circumstances surrounding it. Lilly said staffs rationale for a 5-acre minimum in the FRE Zone is that most of the land area in the FR zones already require a 5-acre minimum development area. All of the buildable areas in the existing FR-2.5 Zone have been identified. No additional buildable areas are possible. All the FR-10 or FR-20 properties are either publicly owned, have conservation easements, or are included in subdivisions that limit buildable area already. New road access is impossible under FCOZ. Properties on or near Mile High Road still have significant access problems, and a higher minimum lot size is appropriate given those challenges. The cost of providing utilities and emergency access to these properties was great. Millcreek City Council Meeting Minutes 8 May 2023 Page 8 of 13 Lilly said if changes were not made that made good policy sense, a lot of the current zones and regulations would not be in place. He was willing to have a conversation with that property owner about what development options he had. He noted the council could wait to adopt the ordinance. He felt the 5-acre minimum was appropriate. Mayor Silvestrini said he worked on the downzoning of Grandeur Peak in 1993. The development potential of that property was nonexistent and the properties that were developable on the east bench have been developed. He felt it was reasonable to give the property owner that objected an opportunity to explore development opportunities on his property within a time limit. Lilly said the council would have the recodification before them in January 2024. The property owner would have until December to meet with the planning staff, explore development options, and file an application under the current code. John Brems did not have concern with that approach. Mayor Silvestrini said the ordinance could come before the council for action at their meeting on January 8, 2024. Murray said staff's findings and conclusions were: 1. The proposed consolidation of the F-1, FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones into a single Forestry and Recreation Estate Zone (FRE) is more appropriate for the current needs of Millcreek. 2. The proposed ordinance removes many of the intensive permitted and conditional uses in this area and helps advance Millcreek towards numerous goals laid out in the Millcreek General Plan. Many of these uses are not appropriate for this area and would cause long-term damage to Millcreek and its residents. 3. Staff received only one cornrnent on the updating of the Forestry and Recreation zones. The concerns were focused on the changing of lot size minimums. 4. Staff recommends that all current Forestry and Recreation zones be brought under one zone named Forestry and Recreation Estate Zone. 5. Amending ordinances to limit the future subdivision or development of undeveloped land is not unprecedented. Prior to 1993, all the land currently in our FR zones was zoned either R-1-8 or R4-10. In 1993, Salt Lake County dramatically constrained the ability to subdivide land on critical hillsides, including virtually all of the undeveloped land in Olympus Cove. In the 1990s, Salt Lake County also downzoned several neighborhoods in the East Mill Creek, Canyon Rim, and Millcreek community districts from R-2 to R-1. More recently, Millcreek reduced the maximum height in the RM zone from 75 feet to 45 feet, or 35 feet in areas adjacent to single-family zoning. These changes had the effect of limiting development options and each was based on an adopted plan. Millcreek's current general plan supports adjusting minimum lot sizes to encourage conservation. 6. No additional lots, parcels, or land may be added to the FRE zone due to its legacy status. 7. Community Councils and the Plaru'iing Cornrnission are giving recommendations that are to be considered by the City Council. This is a legislative matter, to be decided by the Millcreek City Council. 8. Staff recommends that the Planning Commission gives a positive recommendation on ordinance ZT-23-006 to the City Council as proposed by staff. Murray said the Mt. Olympus Community Council unanimously supported the application. The Millcreek Community Council recommended approval with the condition that the 5- acre minimum be removed from the proposed ordinance. The Canyon Rim Citizens Millcreek City Council Meeting Minutes 8 May 2023 Page 9 of 13 Association and East Mill Creek Corninunity Council recommended approval with the condition that the FR-1 zone be excluded from the proposed text amendment. The Planning Commission recommended approval of the application as proposed by staff. Mayor Silvestrini asked about the split vote with the Millcreek Community Council and Canyon Rim Citizens Association. Murray said it was based on the 5-acre minimum. 4. Staff Reports There were none. 5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items There was none. Council Member Jackson moved to adjourn the work meeting at 6:40 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. 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. 1.2 Mayor's Star of Excellence Awards Mayor Silvestrini said it was important for kids to succeed academically. These awards recognized the top 50 juniors in Millcreek attending Olympus, Skyline, and Cottonwood High Schools. He congratulated the students, read their names (see attached list), and presented them with a certificate and two skate passes to Millcreek Cornrnon. Mayor Silvestrini read an online coinment from Council Member Uipi, "As a former athlete from Skyline and collegiate athlete from Georgie, I am so elated to hear so many names aspiring for higher education through sports. I'm so very proud of all of you! You'll learn most of your life lessons through sports, like perseverance, teamwork, respect, coinradery, resilience, discipline, and much more! So excited to follow your endeavors! Wishing you all the best!" [A number of female students were not present because they were playing in a lacrosse game]. 1.3 Public Comment Hamlet Soria, 3759 Loretta Drive, wondered about the benefits and obligation related to the Residential Compatibility Overlay Zone (RCOZ) mailer he received. Mayor Silvestrini said everyone who owned a single-family residence in Millcreek got the notice. The city was not making any changes in the zoning, and it would not affect existing properties. The new code would affect new developments. The R-I zone part talks about yard setbacks and such. The RCOZ was something that was adopted by Salt Millcreek City Council Meeting Minutes 8 May 2023 Page 10 of 13 Lake County before Millcreek was incorporated. It sets forth a "tent" and property owners have to build within the "tent" envelope to ensure neighborhood compatibility. The city would be combining the two things that are already in code to make it easier to understand. Council Member Catten said the residents were not required to do anything, but were welcome to make coinrnents on the process. Mayor Silvestrini invited him to meet with a planner if he desired. John Malmborg, 3581 S. Alta Vista, said his neighborhood was dramatically changing. The house he bought was not what he had today. He felt the neighborhood was going into urban blight. Mayor Silvestrini invited Malmborg to meet with him. He said the council was aconstantlytrying to balance property rights and neighborhood characteristics. It was not the city building and redeveloping, but property owners who filed applications. Development fits within the General Plan. Malmborg pointed out that Millcreek Elementary closed. Mayor Silvestrini said it was a tragedy that the school closed, but that was up to the Granite School District and not the city. 2. Business Matters 2.1 Discussion and Consideration of Ordinance 23-19, Extending the Mayor's Emergency Proclamation No. I of 2023 Declaring a Local State of Emergency Mayor Silvestrini said based upon the snow in the mountains, there was an impending flooding crisis in the city. The city had a sandbag reserve that was employed to Salt Lake City to enable them to deal with a flooding crisis. The mayor declared a state of emergency on April 13, 2023. The declaration gives the flexibility to respond to a flood emergency which could involve taking money from other aspects of the budget to use where needed. There would be expenses to fight the flood. The declaration gives the flexibility to fund those things that are not budgeted, change city employee duties, and gives the city the ability to apply for state and federal relief funding. He noted that Salt Lake City and other cities in the county preemptively declared a state of emergency. The declaration was a means to unlock additional resources. The declaration would expire within 30 days after the mayor declared it unless the council extended it. The ordinance would extend the state of emergency to June 30, 2023. Council Member Jackson moved to adopt Ordinance 23-19, Extending the Mayor's Emergency Proclamation No. 1 of 2023 Declaring a Local State of Emergency. Council Member Catten seconded. Mayor Silvestrini said more than 400 volunteers came to a sandbag filling event a'Jier the declaration was made and filled 20,000 sandbags. The city was prepositioned to be ready for flooding. The Recorder called for the vote. Council Member Catten voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. Council Member Jackson noted Andrew Clark, Emergency Manager, had been a valuable resource. Mayor Silvestrini said he coordinated flood triage methods with the county if an incident occurred. He said the city inspectors had also been very helpful. Millcreek City Council Meeting Minutes 8 May 2023 Page 11 of 13 2.2 Discussion and Consideration of Resolution 23-20, Approving an Interlocal Cooperative Agreement Between Millcreek and Salt Lake County to Fund a Portion of Salt Lake County's Jordan River Trail Project Mayor Silvestrini said the city had been working with Salt Lake County to improve the Jordan River Trail on the Millcreek side. The existing trail was on the Taylorsville side. There had been issues with unsheltered folks in the area and this would help clean the area up. Mike Winder said tl'ie city had received a number of grants to help pay for this. Salt Lake County owns and maintains the trail, Millcreek only needs to acquire the funding to give to Salt Lake County to build it. The trail was already completed on the Millcreek side of the river. This year, a bridge connecting the Millcreek side with the Taylorsville side would be constructed. In the following year, a trailhead with a parking lot, pavilion, and restrooms would be constructed with federal and state funds. Council Member Catten moved to approve Resolution 23-20, Approving an Interlocal Cooperative Agreement Between Millcreek and Salt Lake County to Fund a Portion of Salt Lake County's Jordan River Trail Project. Council Member Jackson seconded. Mayor Silvestrini thanked staff for acquiring funding for the project. Winder acknowledged Council Member Catten for her work with the Jordan River Commission. The Recorder called for the vote. Council Member Catten voted yes, Member Jackson voted yes, Councn Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 2.3 Memorials in Parks Policy Discussion Mayor Silvestrini said the council started the conversation during their last work meeting in April. Winder said staff made a framework recornrnendation for a policy that said: Donations of functional items (like benches, playground equipment, etc.) or public art (like sculpture, murals, etc.) may be accepted by Millcreek in their public parks under the following criteria: 1- Donorsignsagreementthatthedonateditemmayormaynotbemaintainedin perpetuity by the city and that the city has no obligation to maintain the item, keep it in its original location, or notify the donor of any changes to the item's status. 2- City parks are not memorial parks or cemeteries, and while donated items can be "in memory" of a deceased individual or group, the items cannot list birth/death dates or appear like a grave marker. 3- Items donated must be in compliance with any future city arts master plan, compatible with community standards of decency, created with a quality of material and construction required by the Salt Lake County Parks Department, and approved by a majority vote of the city manager, assistant city manager, public works director, and communications director. Winder felt a uniform criterion was needed no matter what the donation was for. Mayor Silvestrini felt the criteria was a good start for a policy. He wanted the donations to be useful. Council Member Jackson said it would be fair for the city to notify the donor of the donation's status. Winder did not want to legally obligate the city to do something that may be hard with the passage of time. Mayor Silvestrini appreciated best efforts. Millcreek City Council Meeting Minutes 8 May 2023 Page 12 of 13 Brems suggested the city "endeavor" to notify the donor. Mayor Silvestrini said city record keeping may not be good enough to capture that information for the future. He wondered what material and construction was adequate for Salt Lake County Parks and did not want to refer to another agency. He wanted the realm of control to be within the city. Council Member Catten said the donations should be limited to functional items because art was subjective and functional items were less likely to get vandalized. Council Member Jackson liked the art concept. Council Member Catten wondered if art was appropriate for parks and felt public art was too broad and open to interpretation. Council Member Jackson noted it would still have to be approved by staff. Brems said public art was a slippery slope. Council Member Uipi was concerned about future councils and setting precedents. Mayor Silvestrini brought up content-based restrictions being an issue, censoring speech. Council Member Jackson noted anytMng could be undone by future councils. She said art was expensive and this could provide an opportunity for some. Council Member Catten wondered if art could be in public spaces other than in parks. She worried about murals in public parks. Winder pointed out that donations may be accepted. Council Member Uipi wondered about a timeline with murals. Winder pointed out that the city did not have to keep the donation in the original location. Brems said public art was a problem topic because it would regulate content. He felt the city should separate public art from memorials. Once the public spaces were opened up, it could not be stopped. Mayor Silvestrini suggested not having a policy regarding donated art. Winder brought up regulating public speech as tricky but doable. Mayor Silvestrini asked the city attorney to revise the suggested policy and bring it back to another council meeting. 3. Reports 3.1 Mayor's Report Mayor Silvestrini reported that the open space on Grandeur Peak is owned by Salt Lake County, but Millcreek owns easements on it. The county put up signs about spraying noxious weeds to reduce or eliminate myrtle spurge. It is poisonous, wildlife cannot eat it, and it posed a problem for insects. The program was undertaken without the city's consent. The program was halted until Millcreek could do education on it. There are three herbicides being used. The benefits of the program outweigh the cons. The herbicide is being dyed blue, so it is recognizable. Millcreek will give permission to continue to do the program. The herbicide dissipates and will not get into the watershed. Council Member Catten said state legislation required regulations on spraying for mosquito abatement and wondered if the same regulations applied. Mayor Silvestrini said the posted signs were part of the notification. 3.2 City Council Member Reports Council Member Jackson said the Miracle in Motion kickoff occurred the prior week. Mayor Silvestrini said there was a successful Cinco de Mayo event on Millcreek Cornrnon the prior week. Council Member Catten reported that the Jordan River Commission was contacted the prior week by Senator Romney's Office. They, and the Jordan Valley Water Conservancy District, met with him to discuss their efforts on water quality. Senator Romney had an interest in tlie preservation of the Great Salt Lake and the water that affects the canyons. The cornrnission taught im about the Jordan River. Millcreek City Council Meeting Minutes 8 May 2023 Page 13 of 13 3.3 Staff Reports Mike Winder said Kurt Hansen recently completed his Essential Management Skills certificate from the International City Managers Association (ICMA) University. Mayor Silvestrini cornrnended Hansen's work with the new city hall construction and cutting expenses. He said the building was being funded by a bond with a 2.1 interest rate that will be paid back by sales tax. 4. Consent Agenda 4.1 Approval of April 10, 2023 Work Meeting and Regular Meeting Minutes 4.2 Approval of April 24, 2023 Work Meeting and Regular Meeting Minutes Council Member Uipi moved to approve items 4.1 and 4.2. Council Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 5. New Items for Subsequent Consideration 6. Calendar of Upcoming Events * Planning Commission Mtg. 5/1 7/23 5:00 p.m. * Historic Preservation Coinmission Mtg. 5/18/23 6:00 p.m. * City Council Mtg. 5/22/23 7:00 p.m. ADJOURNED: Council Member Jackson moved to adjourn the meeting at 8:18 p.m. Council Member Catten seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The tion passed unanimously. APPROVED: (, n-t- S'-21-L6 Attest: Elijah Lewis Zoey Ng Ammon Stevens Emma Davis Danica Lunceford Kelly Yee Lily Nelson Avy McKinnon Lily Arrowood Peter Larsen Sarah Cundick Luke Hardin Sophia Young Heather Chen Thea Maxwell Ella Hall Bethanne Matheson Sara Barker Isaac Rowe Erica Gregor Malakai Sorenson Rachel Bird Milena Zeltser Alexia Smith Audrey Kim Breklyn Riding Lily Hall Weston Stutznegger Ethan Reynolds Katy Wade Eliza Fisher Robert Bulanon Hannah Nelson Stockton Evans Adia Wilson Owen Smith Annabelle Boyden Kate Soffe Anna Liu Emmaline Martindale Conrad Flake Samuel Jensen Alexander Stewart Bibi Baryali Alan Salinas-Barrera Sydney Gibson