City Council
Regular MeetingMillcreek, UT · December 19, 2016
Minutes
Minutes of the
Millcreek Council-Elect Meeting
Monday, December 19, 2016
Council-Elect
Jeff Silvestrini – Mayor Elect - In Attendance
Silvia Catten – District 1 Council Elect– In Attendance
Dwight Marchant – District 2 Council Elect– In Attendance
Cheri Jackson – District 3 Council Elect– In Attendance
Bev Uipi – District 4 Council Elect – In Attendance
INTERVIEWS OF PLANNING COMMISSION APPLICANTS
Mr. Silvestrini called the meeting to order at 2:10 p.m.
MOTION by Ms. Uipi, seconded by Ms. Catten, to close the session to discuss the
character, professional competence and physical or mental health of an individual. Mr.
Marchant, aye. Ms. Jackson, aye. Ms. Uipi, aye. Ms. Catten, aye. Mr. Silvestrini, aye.
Session was closed at 2:12 p.m.
MOTION by Ms. Uipi at 8:20 p.m. to adjourn the closed session, seconded by Ms.
Jackson. Mr. Marchant, aye. Ms. Jackson, aye. Ms. Uipi, aye. Ms. Catten, aye. Mr. Silvestrini,
aye. Closed session adjourned at 8:20 p.m.
6:30 PM - GENERAL MEETING:
1. Call to Order
Mr. Silvestrini called the meeting to order at 8:39 p.m, and led the meeting in the Pledge
of Allegiance.
MOTION made by Ms. Jackson, seconded by Ms. Catten, to approve the minutes of the
December 12, 2016 meeting. Motion carried unanimously.
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2. Public Comment
Mr. Silvestrini opened the meeting to public comment. No comments were made.
3. Reports
Mr. Silvestrini explained that the he will make a recommendation to the Council on
December 27th for appointments to the Planning Commission, and the Council will vote at that
time. He indicated that excellent candidates had applied from every district.
Mr. Silvestrini reported that he had opened the four bank accounts required by state law,
and was awaiting a wire transfer from Salt Lake County.
Mr. Silvestrini announced the ceremony tomorrow at 2 p.m. at the roundabout on 2300
East to celebrate its opening.
Mr. Silvestrini reminded the Council and the public that the Council will hold a special
session tomorrow to discuss a tentative budget. Before a tentative budget is adopted, there will
be 10 days’ notice of a public budget meeting, per state law.
4. Appointments
4.1. Discussion and consideration of resolution no__ appointing Jeff
Silvestrini to the Unified Fire Authority Board, Unified Fire Service Area Board of
Trustees, Unified Police Department Bard, Salt Lake Valley Law Enforcement Area
Board of Trustees, and the Greater Sale Lake Metropolitan Services District Board of
Trustees
MOTION by Ms. Uipi, seconded by Mr. Marchant, to approve the resolution.
Motion carried unanimously.
4.2. Discussion and consideration of resolution no__ appointing Silvia
Catten as a member of the Board of Trustees of the South Salt Lake Valley Mosquito
Abatement District
MOTION by Ms. Uipi, seconded by Ms. Jackson, to approve the resolution. Motion
carried unanimously.
4.3. Discussion and consideration of resolution no__ appointing Dwight
Marchant to the Board of the Wasatch Front Waste & Recycling District
MOTION by Ms. Jackson, seconded by Ms. Uipi, to approve the resolution. Motion
carried unanimously.
5. Consent Agenda
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6. Planning Matters
7. Financial Matters
8. Other Matters
8.1 Discussion and consideration of ordinance no__ -- adoption of a one
percent municipal sales and use tax
Mr. Silvestrini explained that the County collects a one percent local sales tax. $9.4 million
of Millcreek’s revenue comes from this tax. Once Millcreek is formally incorporated, the
County can no longer collect this tax. This ordinance is a mechanism to transfer the tax to
Millcreek from the County.
Mr. Silvestrini further explained that the state tax commission has acknowledged they have
received our notice that the taxes will be going to the City. Pursuant to state law, the taxes go to
the previous taxing entity (here, the County) for the first 90 days. State law also provides that
the sales tax will go to the Municipal Services District. Millcreek will likely see its first sales tax
check in June 2017.
MOTION by Mr. Marchant, seconded by Ms. Catten, to adopt the ordinance. Motion
carried unanimously.
8.2 Discussion and consideration of adoption of council rules of
procedure.
Mr. Brems explains he will bring a resolution to the Council at the next meeting to
formally adopt the rules.
8.3 Discussion and consideration of resolution no__ -- approving an
Interlocal Cooperative Agreement with Salt Lake County for prosecution services
Mr. Brems explains that the MSD is supposed to provide these services, but the County
wants it clear that if they are providing the prosecution services, they will get all the fines and the
fees.
Mr. Silvestrini said that several Mr.s have told him that courts are not a place from which
they can raise revenues. At best, the expenses and the revenues are a wash; at worst, they lose
money. He said we have an option of contracting with some other entity. Cottonwood Heights
contracts with Holladay for court services. This is something that can be explored if Millcreek
leaves the MSD.
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9. New Items for Subsequent Consideration
A discussion ensued about the business license fee schedule. Ms. Catten noted that the
comparison of fees to other cities is difficult, like comparing apples to pineapples. Mr. Marchant
asked when the Council wants to discuss this further. Mr. Silvestrini indicated that the law
requires a study before fees can be raised.
Mr. Silvestrini noted that Mr. Brems and he are working on the ordinances, using the
county ordinances as a template. They are trying to be comprehensive in the changes to reflect
what the City can do that the County can’t, and vice versa. Drafts of the ordinances will be
placed on the website. They will be on the December 27th agenda for adoption.
Mr. Marchant asked whether the MSD is providing a city manager while we are in the
MSD. Mr. Silvestrini noted that we will need a city manager eventually to take over the
administrative powers, but until we hire, the administrative power is in the Mr..
A discussion ensued about the changes to the FCOZ ordinance that the County is
currently reviewing. The Council will need to decide whether to adopt the old ordinance or the
new one. The Millcreek Township Planning Commission has already recommended some
changes. Most of the changes are not an issue in Millcreek. A draft of what the Planning
Commission has proposed, as well as the current ordinances, will be posted on the website. The
Mr. Silvestrini noted that the FCOZ ordinance is important to prevent building on steep slopes.
He mentioned several examples of problems: an existing house that required installation of
flying buttresses to keep from falling off the hillside, a subdivision that slipped off the hillside,
springs that appear in downhill neighbors’ yards, fire apparatus that cannot reach homes on
unplowed streets. There are reasons to develop responsibly.
10. Calendar of Upcoming Events
City Council-elect sessions planned for December 27, time TBA;
Inauguration of Millcreek-January 3, 2017, 6:30-8:30 Wasatch Jr. High School.
11. Closed Session (If Needed)
11.1. The Millcreek Council may temporarily recess the Council meeting to convene in
a closed session to discuss the character, professional competence, or physical or mental health
of an individual, pending or reasonable imminent litigation, and the purchase, exchange, or
lease of real property, as provided by Utah Code Annotated §52-4-205
12. Adjournment
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MOTION by Ms. Uipi to adjourn, seconded by Mr. Marchant. Motion carried unanimously.
Meeting adjourned at 9:32 p.m.
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