City Council

Minutes of the Millcreek City Council May 13, 2024 5:00 p.m. Field Trip 7:00 p.m. Regular Meeting The City Council of Millcreek, Utah, met in a regular meeting on May 13, 2024, at City Hall, located at 1330 E. Chambers Avenue, Millcreek, UT 84106. The meeting was recorded for the City's website and had an option for online public comment. PRESENT: Council Members City Staff Jeff Silvestrini, Mayor Mike Winder, City Manager Silvia Catten, District 1 Elyse Sullivan, City Recorder Thom DeSirant, District 2 Francis Lilly, Assistant City Manager Cheri Jackson, District 3 Lisa Dudley, HR-Finance Director Bev Uipi, District 4 (excused) Kurt Hansen, Facilities Director Rita Lund, Communications Director Robert May, Long Range Planning Manager Brad Sanderson, Current Planning Manager Jim Hardy, Building Official Attendees: Chief Petty-Brown, Laura Briefer, Christine Richinan, Erika Chmielewski, Nate Brockbank, Rick Hansen, Kristin Gagon, Winterton, Laura Renshaw, Deana s., Sean P., Yvonne Park, Terresa Wellborn, Luca Dalcanto, Samuel Olaya, Juliana Ballen, Deb Dolph, Diane Schaefer, Russ Packe, Siobhan Locke, Jason Brown FIELD TRIP - 5:00 p.m. The council took a field trip to Opus Green (4196 S Main Street) and Cottonwood Highland (1323 E Villa Vista Avenue) Projects. REGULAR MEETING - 7:00 p.m. TIME COMMENCED: 7:05 p.m. 1. Welcome, Introduction and Prelirnin'ary Matters 1.1 Pledge of Allegiance Mayor Silvestrini called the meeting to order and led the pledge of allegiance. Mfflcreek City Council Meeting Minutes 13 May 2024 Page 2 of 9 1.2 Mayor's Star of Excellence Awards Mayor Silvestrini said this award goes to students that are completing their junior year in high school that have demonstrated high academic merit. They have the top 50 GPAs from Cottonwood, Olympus and Skyline. The students' families should be proud. He said the students applied themselves and they will be achievers their entire lives. He hoped this would be a good resu'i'ne builder and encouraged them to continue to work hard during their senior year. He and the council offered congratulations. The mayor presented the students with certificates and passes to Millcreek Common. 1.3 Salt Lake City Public Utilities Terminal Reservoir Pipeline Project and Water Rate Increase Update; Laura Briefer, Director Laura Briefer said the project was also known as the East-West Water Line. Their FY 24- 25 budget was online. She mentioned a postcard had been mailed to residents about a proposed water rate increase. The increase would go before the Salt Lake City Council May 21 and June 4. Jason Brown, Deputy Director, said the project was conceived in 2007. Salt Lake City Public Utilities is designing and constructing a new major transmission line beginning at the storage reservoir at 3300 S and 3500 E and terminating in the northwest quadrant. There will be 2 stages in the project with multiple phases in each stage. They were currently in phase 3 of stage 1. He showed a map highlighting tl'ie two stages. This is the largest project they have undertaken, estimated at $150 million. This project is needed to supplement existing water supply, maintain reliable service, and meet future water demands. He described the anticipated construction schedule. The project was bid in May 2024. The cornrnunity will receive notification in suinrner/fall of 2024, and the anticipated construction will start in fall 2024-spring 2025. The anticipated activities would include open trenching in the roadways, temporary roadway closures, detours, lane restrictions, and on-street parking restrictions, lot clearing at Salt Lake City owned property on Metro Way, a potential for increased noise and vibration, and proactive notification of residents and businesses. He described the outreach and engagement with the community. The pipe would be 48 inches in diameter, and it would need a large excavation. The contractor will notify the public two weeks in advance. Council Member Jackson asked about working with residents to minimize impact on private property. Brown said they were investigating options because moving the water pipe would impact the location of the sewer line. Council Member Jackson asked how they determined where to stop the project since it was in the middle of a street. Brown said cost and availability. Council Member Jackson asked if driveway access would be impacted. Brown said they would be impacted, but plates would be laid on top of trenches for access. Briefer said they would be engaging with property owners and the city as well. Mayor Silvestrini said this was a necessary improvement and it benefits all to have a safe, drinkable water supply. There is always difficulty involved in construction. From the very beginning of this project, going back to 2015, there have been conversations with Salt Lake City Public Utilities, and they are trying to minimize the impact of this project. The existing water sources during the peak suininer demand season rely a lot on Mfflcreek City Council Meeting Minutes 13 May 2024 Page 3 of 9 groundwater. The cities need to be really careful in managing the groundwater aquifer to a sustainable yield. This project not only assists with bringing other surface water supplies. One of the great things about being on Salt Lake City's water system is that there are multiple sources of water so if one source becomes compromised for whatever reason, there is still water. 1.4 Public Comment Diane Schaefer and Deb Dolf said they lived in the vicinity of the project and were unaware of a pipe easement on their property. They liave a garden in the backyard. They showed a plan of where the proposed pipe would go and made a recommendation of where else it could go so as to not impact their property. Mayor Silvestrini appreciated their emotion and said the city would work to explore other opportunities. Laura Renshaw, Millcreek Library, described current activities. One was a space themed scavenger hunt, and another was a kids art show. She said the biggest program of the year was summer reading. The program helps prevent "sumi'ner slide" to maintain high reading scores to the fall. There would be a kick-off event for that on May 31. 2. Planning Matters 2.1 First Reading of GP-24-001, Adoption of the Murray North Station Area Plan; Robert May, Long Range Planning Manager Mayor Silvestrini said the council had collaborated with the Murray City Council on this issue in a joint meeting. The State of Utah requires that cities that have a fixed guideway transit station, so that is either light rail, heavy rail or bus rapid transit, have to do a stationary plan for that area within one half mile radius of the station. There are two substations in Millcreek, the North Murray Station and the Meadowbrook Station. Erika Chmielewski, GSBS, said the station area planning process should result in a plan that identifies opportunities and constraints within the station area, identifies opportunities for affordable housing, identifies and describes a preferred vision shared by the community within and around the station area, and provides strategic recommendations that may be pursued by both UTA and the respective local government to help facilitate implementation. She said about IA of the station area was in Millcreek. The consultants did an existing conditions analysis, where they identified all of the opportunities and constraints, and then started to get to the alternatives. The council saw those opportunities at the joint meeting with Murray. The consultants then started to look at how they could combine these alternatives to get a preferred scenario, and now that there is a preferred scenario, what steps are needed to get to the preferred scenario. They looked at existing conditions through five key elements. According to an implementable timeframe and market conditions, this plan focuses on the core area more in depth. She outlined the plan, which includes an executive surninary, introduction, existing conditions, public engagement process, area alternatives, vision and plan, plan elements (quality of life, safety and perception, land use, connectivity, and livability and urban design), report precedents, and implementation plan. The process was to look at what the cities have (housing, services, connectivity, safety, and environment), what they need, and how to get there. The station area is saturated with affordable and moderate-income housing with more planned. There are spaces available for retail and commercial, yet Millcreek City Council Meeting Minutes 13 May 2024 Page 4 of 9 they remain vacant. There is a mismatch between the supply and demand for parking. Crime is prevalent in the station area. The area is underserved for parks and trees. There was community engagement online, tabling events, open houses, committee meetings, and stakeholder interviews for the plan. The community engagement takeaways included: incorporating additional access to goods and services into the neighborhood, reestablishing the "Fireclay" name in a positive light, improving overall connectivity throughout the neighborhood particularly through bike and pedestrian- oriented transit, increasing visibility and safety throughout the neighborhood, incorporating additional shade throughout the neighborhood, and adding more cornrnunity gathering spaces (public or private). The vision is, "The Murray North Station area is an accessible, vibrant, complete coinmunity that provides residents and visitors alike with an interesting, engaging mix of land uses to serve their needs." The goal was to try to create a transportation-oriented community, not just development. Robert May said he took the draft plan to the Millcreek Community Council, and they recommended approval of it witli the following items to be considered: incentivizing a grocery store in the area, adding additional greenspace or parks, upping the parking requirements, adding a school, adding places of worship, including 3 and 4-bedroom units in any potential development so families can live here, expanded UTA routes to help those without a car, and more affordable housing options. The Planning Coinmission recommended approval of the plan with the following considerations: that in developing new parking structures, special attention be paid to crime prevention strategies such as enhanced lighting, cameras, and making sure there is adequate traffic to deter crime, and to clarify that the acres specified for parks are blended not one that is specific to Millcreek. May recommended adoption of the plan based on the following staff findings: 1. The vision and implementation initiatives of the proposed MNSAP are in direct alignment with the overarching goals and objectives outlined in the seven vision themes that make up the Millcreek General Plan, particularly in terms of housing types and opportunities, mixed-use development, and integrating various modes of transportation options, including pedestiian, bicycle, and transit networks. 2. The proposed MNSAP embraces the principles of the Millcreek General Plan around creating vibrant gathering centers and walkable communities arranged around public transit, particularly for the Meadowbrook Area. The plan encourages creating a vibrant urban environment wliere residents can live, work, and play in close proximity. 3. The implementation of the MNSAP will serve as a catalyst for economic development, attracting investment and revitalizing underutilized areas surrounding the transit station. By creating a more attractive and accessible environment for businesses and developers, the plan has the potential to generate new employment opportunities and increase property values, ultimately benefiting the entire community. 4. The Murray Nortli Station Area Plan includes the necessary components and objectives clearly stated and required per HB 462 of Utah State Code Annotated. Millcreek City Council Meeting Minutes 13 May 2024 Page 5 of 9 2.2 Discussion of Sidewalk and Trails Master Plan; Robert May, Long Range Planning Manager Robert May was looking for guidance for the consultants. He said the existing sidewalk exception process took 1-2 months. He proposed a quicker administrative process to be added to the plan. Mayor Silvestrini said exceptions typically were not controversial so streamlining it to an administrative process would work. He had only ever approved deferrals, no exceptions. May showed maps of the coinmunity councils' priority areas, safe school routes and buffer, transit routes, designated centers map, an unsafe barrier map, and major road/corridors. 2.3 Discussion of Residential Compatibility Overlay Zone Amendments; Robert May, Long Range Planning Manager May said the council instructed him to create an ordinance to move ahead components of a code change instead of waiting for the entire revised ordinance. The proposal would raise the maximum building height elevation from 28 feet to 30 feet for R-1-3, R-1-4, R- 1-5, R-1-6, and R-1-8 Zones, add two additional building envelope types which would provide flexibility to those properties located in the R-1-5 and R-1-6 zones, revise the 25% combined side yard setback requirement essentially making it only apply to lots which are 50% larger than the required minimum lot width of the zone they reside in, and removal of the RCOZ Option C Special Exception. May highlighted what these code changes would look like. Mayor Silvestrini said three of four community councils and planning coinmission recommended approval of these changes. 2.4 Discussion and Consideration of Ordinance 24-19, Rezoning Certain Property Located at Approximately 4433 South Garden Drive from the R-1-10 Zone to the R- 4-8.5 Zone Brad Sanderson reviewed that the applicant was requesting to amend the Future Land Use Map within Millcreek's General Plan from the Neighborhood I to the Neighborhood 2 land use designation and rezone the property located at 4433 S Garden Drive from the Residential R-1-10 Zone to the Residential R-4-8.5 Medium Density Zone. The applicant owns the property to the north of the subject property. Sanderson showed the council the earlier building elevations for the proposal. He noted the planning coinmission felt that the proposal was out of character with the neighborhood. A revised elevation was proposed to the city council as an attempt to address neighborhood compatibility and character in the application's first reading. The applicant now presented a new elevation proposal of the triplexes into two side by side buildings that looked like single family dwellings. He briefly reviewed the development considerations, which included sections on uses, ownership, parking, landscaping and open space, fencing, architecture, right-of- way improvements, street lighting, and utilities. He reviewed his conclusions from the staff report and recommended to the council approval of the rezone subject to a development agreement. Council Member DeSirant appreciated the revised elevations. Council Member Catten asked if the main concern of the residents' meeting was the aesthetic. Sanderson said compatibility and design were of concern. Council Member DeSirant mentioned traffic and an island of Neighborhood 2 in the General Plan. Mayor Silvestrini suppoited the new concept. Millcreek City Council Meeting Minutes 13 May 2024 Page 6 of 9 Nate Brockbank complimented Sanderson's idea on the new design. Mayor Silvestrini asked for public coinment. There was none. Council Member DeSirant moved to approve application file ZM-24-001, to rezone the subject property from the R-10 Zone to the R-4.8.5 Zone, subject to a development agreement as proposed [Ordinance 24-19]. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 2.5 Discussion and Consideration of Ordinance 24-20, Approving a Development Agreement Pertaining to a Rezone and Development Proposal Concerning Approximately O.41 Acres of Real Property Located at Approximately 4433 South Garden Drive Council Member Jackson moved to approve Ordinance 24-20, Approving a Development Agreement Pertaining to a Rezone and Development Proposal Concerning Approximately 0.41 Acres of Real Property Located at Approximately 4433 South Garden Drive. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 3. Financial Matters 3.1 Discussion and Consideration of Resolution 24-11, Achowledging Receipt of the Tentative Budget on May 13, 2024; and Tentatively Adopting the Tentative Budget Pursuant to the Requirements of Utah Code Ann. § 10-6-111 for the Fiscal Year Beginning July 1, 2024, and Ending June 30, 2025 Mayor Silvestrini explained how the prior finance director was veiy conservative with revenue, but this budget was more precise. The city did not know what tax revenues and energy franchise fees were going to be received in its first few years. Lisa Dudley said there were lots of new things tliat have happened in the year she has worked for the city. The new budget process included a strategic planning meeting in January, modifications to accounting software and conversion to new chart of accounts, and meetings and ongoing cominunication with department heads. She wanted budget revenues to be conservative yet reasonable and ensure that revenues are budgeted for in the correct fund. The estimated General Fund revenue was $40,857,145, with no budgetary use of Fund Balance or any new sources of tax revenue. She wanted to ensure the expenditure budget was conservative but reasonable, and the budget requests were purposeful to free up appropriations to be used to help the city achieve its objectives. The expenditures, $40,857,145, would include a 4% cost of living adjustment and 1.5% merit for staff, and have a $1,652,620 budgetary addition to Fund Balance. Dudley reviewed the Capital Improvement Fund budget for Millcreek Common Phase II which included received grant funding. Mayor Silvestrini mentioned funding from UDOT for the 2000 E project.  Mfflcreek City Couucn Meeting Minutes 13 May 2024 Page 7 of 9 Dudley noted the Coinmunity Reinvestment Agency budget was included in the city budget since there are transactions and staff resources used for the agency. Mayor Silvestrini noted that the City Center CRA was borrowing from the West Millcreek RDA to pay on the bond, which will be paid back over time. He noted the borrowing debt was going down. Dudley pointed out that the West Millcreek RDA would be transferring funds to the City Center and Olympus Hills CRA. A new fund was created to cover the required increment for affordable housing within the reinvestment areas. The city has the discretion on how to use that. Dudley said there was also an employee census that Stephanie Bond, HR Manager, created. She said the Class C Road fund will come in as a tax in the General Fund, which is different from prior years. Tlie Salt Lake County Public Works contract will come witli stori'nwater functions separated out so those can be paid with tlie Stormwater Fund. Council Member DeSirant appreciated the detail of Dudley's work. Mayor Silvestrini noted the council would have a special work meeting the following week to discuss the budget. Council Member Jackson moved to adopt Resolution 24-11, Acknowledging Receipt of the Tentative Budget on May 13, 2024; and Tentatively Adopting the Tentative Budget Pursuant to the Requirements of Utah Code Ann. § 10-6-111 for the Fiscal Year Beginning July 1, 2024, and Ending June 30, 2025. 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, and Mayor Silvestrini voted yes. The motion passed unanimously 4. Business Matters 4.1 Discussion and Consideration of Ordinance 24-21, Amending Section 2.22.020 Financial Administration to Add the Assistant City Manager as a Designee (Authorized to Approve Contracts and Various Acquisitions) Mayor Silvestrini said he and the city manager can sign contracts, but they would like the assistant city manager to be able to sign contracts. This proposed code would allow that to take place. He said the city manager and assistant city manager were astute. Council Member Jackson moved to adopt Ordinance 24-21. Council Member Catten seconded. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 4.2 Discussion and Consideration of Ordinance 24-22, Amending Section 10.80.010 Camping on Public Grounds, Streets, Parks and Playgrounds by Adding Plazas to the Prohibition Mayor Silvestrini said this code would regulate camping on public grounds. Adding a prohibition to plazas would protect Millcreek Common and the Mountair Streetscape from protest camping and unsheltered folks from camping. Council Member Catten moved to approve Ordinance 24-22, Amending Section 10.80.010 Camping on Public Grounds, Streets, Parks and Playgrounds by Adding Plazas to the Prohibition. Council Member Jackson seconded. The Recorder called for the vote. Council Mfflcreek City Council Meeting Minutes 13 May 2024 Page 8 of 9 Member Catten voted yes, Council Member DeSirant voted yes, Councn Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 4.3 Discussion and Consideration of Ordinance 24-23, Amending Chapter 14.56 Special Events by Adding Section 14.56.125 Designating the Common, Adventure Hub, and the Grandview as City Facilities at which Conventions, Conferences, and Other Gatherings are Held and Whose Primary Business or Function is to Host such Conventions, Conferences, and Other Gatherings Mayor Silvestrini said this ordinance would give guidance for rentals of facilities to political parties. Winder said political parties could rent governinent buildings at minimal cost unless the facility was designated for conventions, conferences, etc. He said the political parties would then be able to rent as a nonprofit entity and get the nonprofit rate. Council Member DeSirant noted he worked for a political party and felt the city hall should be available to the political parties. Council Member Catten asked about political campaigns. Council Member DeSirant said campaigns are nonprofits as 527s with the IRS. Winder said then the nonprofit rate for rentals would apply. Council Member Jackson moved to adopt Ordinance 24-23. Council Member Catten seconded. Council Member DeSirant said the city hall was a corni'nunity building. The state code said publicly owned buildings should be rented to political parties at the bare minimum rate. He said the public entity would not lose money by doing so. Council Member Catten felt that political parties were private entities and city hall was a public building. The ordinance did not prohibit anyone from being civically engaged. Mayor Silvestrini noted the nonprofit rate would still be affordable. Winder said the ordinance added clarity to the city's code. He said the other private events would bring revenue to the city. The ordinance was meant toalign with tlie fee schedule. Rental calculations for certain events would be hard to figure out on a per event basis. The Recorder called for the vote. Council Member Catten voted yes, Council Member DeSirant voted no (abstained), Council Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed. 5. Reports 5.1 Mayor=s Report Mayor Silvestrini reported that all entities that were members of UPD had opted to stay with it (except for the county). He described the budget process for the UPD board. There would be a 7.16% increase. The board was considering changing the formula for shared services costs. He then described the sliared services and how they will be separated from the Sheriff's Office in July. He reported on the successful Millcreek Cinco de Mayo celebration and Golden Spike celebration. 5.2 City Council Member Reports There were none. 5.3 Staff Reports Mike Winder said there would be a replica of a potential statue of an eagle at the roundabout by Skyline High School. 6. Consent Agenda 6.1 Approval of April 8, 2024 Work Meeting and Regular Meeting Minutes Mfflcreek City Council Meeting Minutes 13 May 2024 Page 9 of 9 6.2 Approval of April 22, 2024 Work Meeting and Regular Meeting Minutes Council Member Jackson noted in the April 8"1 minutes that a member of the public was listed as Rob Mirelli but should be Ralph Mirelli. Council Member Jackson moved to approve item 6.1 and 6.2 as amended. Council Member DeSirant seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member DeSirant voted yes, Coiuicil Member Jackson voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously. 7. New Items for Subsequent Consideration There were none. 8. Calendar of Upcoming Meetings @ Planning Commission Mtg. 5/15/24 5:00 p.m. * City Council Mtg. 5/28/24 (Tuesday) 7:00 p.m. Council Member Jackson moved to recess the meeting at 10:25 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, and Mayor Silvestrini voted yes. The motion passed unanimously. Council Member Jackson moved to reconvene the meeting at 10:38 p.m. Council Member DeSirant seconded. Mayor Snvestrini 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. Council Member Jackson moved to go into closed session as provided by Utah Code Ann. §52-4-205(c) strategy session to discuss pending or reasonably imminent litigation. 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, and Mayor Silvestrini voted yes. The motion passed unanimously. ADJOURNED: Council Member Jackson moved to adjourn the meeting at 11:01 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, and Mayor Silvestrini voted yes. The motion passed unanimously.