City Council
Regular MeetingMillcreek, UT · December 27, 2016
Minutes
MINUTES OF THE
MILLCREEK COUNCIL-ELECT MEETING
Tuesday, December 27, 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
Staff:
John Brems, City Attorney – In Attendance
Leslie Van Frank, Acting City Recorder – In Attendance
WORK SESSION
Mr. Silvestrini called the meeting to order 10:07 am
The City Council will conduct interviews of individuals and firms who have proposed
assisting Millcreek with its accounting and other finance needs.
Mr. Silvestrini spoke with all four of the contacts provided by Alan Westenskow, plus
David Sanderson, whom David Muir had recommended. KCCPA had said they are not
interested in the treasurer function or helping the City to set up accounts; they are only interested
in the audit function. Matt Geddes from Squire & Co. will be available later, as will Tim Reese
from KHSA. Mr. Sanderson is out of town, but is willing to meet with the City on January 3 rd.
The Council set a meeting with Mr. Sanderson at City offices at 2:30 on Jan 3rd .
Mr. Silvestrini reported that he had received a call from Tara Whiting. Based on what
she had heard at our last meeting, Ms. Whiting expressed interest in working as a part-time office
person to help get the office set up, and be a face for the public until we are more formalized. We
can publish set hours, and she could the administrator help to keep us organized, explore options
for a website, and other tasks. The Council agreed to talk to her.
Mr. Silvestrini asked Adam Ginsberg from Gilson Engineering about the status of putting
together Millcreek’s road miles. He said they are working on it. It would be good to compare
with what Salt Lake County has done. Mr. Silvestrini suggested he call the County Surveyor,
Reid Demmen.
Mr. Silvestrini called Matt Geddes from Squire & Co. and left him a message.
Mr. Silvestrini reported that Millcreek resident Pepa Taufui had delivered neighbourhood
maps to him, and wants the City’s help to organize Neighborhood Watch. A discussion about
Mr. Taufui’s contributions to Millcreek, and the Road Home, ensued, and a general consensus of
appreciation for his efforts was expressed. The Council agreed to look into helping him with
Neighborhood Watch.
The Council discussed several details of the inauguration celebration.
Steve Capson and Tim Rees of Karen Hendricks Stagg Allen & Co. arrived, and Mr.
Silvestrini called them forward. They and the Council discussed the City’s general needs and the
lack of sufficient information to pinpoint precisely what we need. Mssrs. Capson and Rees
explained KHSA’s background and experience. Mr. Silvestrini explained that in general, we
need help with (a) audit functions, (b) statutory treasurer functions, and (c) interim help in setting
up accounts and running the city. Mr. Capson said the City needs three sets of consultants,
which remain independent of one another. KHSA is not bonded, so it can’t help with the
statutory treasurer functions. They could help with the other two. Mr. Rees said that Quickbooks
was not a good system to use, as the controls are inadequate. Given the uncertainty of what will
be required, they propose providing hourly services at $70 staff and $100 oversight.
Mr. Geddes joined the meeting by telephone. Mr. Silvestrini explained we need an
auditor, someone to set up our accounts and get us rolling, and we need a treasurer. Mr. Geddes
said the roles need to be separate. His company isn’t set up to provide treasurer services. Would
be interested in either of the two other roles. He explained his company has a practice area set
up to do Quickbooks. His company understands the controls necessary to do audits; they do
audits for Salt Lake County and the Unified Police. Discussion ensued about Squire’s
background and experience with government clients. Mr. Geddes explained that sometimes
Squire’s fees are higher than other companies’ fees, because their passion is government work.
Other companies use municipality work to keep their people busy in the summer, and write down
their fees for that work.
Copies of KHSA’s and Squire’s proposals are attached to these minutes.
Discussion by Council members about flat rates vs. hourly. Acknowledgement that we
don’t need to hire an auditor until the earliest next summer. Ms. Uipi noted that Mr. Sanderson
is the only one of the three discussed today who is bonded and could provide treasurer services.
Ms. Uipi asked if there is a way to outline all of the duties a treasurer would need to do.
Mr. Brems suggested that the Council ask Mr. Sanderson to outline them.
Ms. Jackson said we need a clear job description so we can make sure all the services are
covered. Mr. Marchant said the duties are clear: the treasurer handles the money, accounting
handles the reporting, and the auditor checks over everything.
The Council agreed to have further discussion after they’ve been able to speak with Mr.
Sanderson next week.
At 12:25 p.m., the Council took a lunch break
GENERAL MEETING
1. Call to Order
1.1. Pledge
Mr. Silvestrini called the meeting to order at 12:38 p.m. and led the meeting in the Pledge
of Allegiance
1.2. Approval of Minutes
MOTION by Ms. Catten, seconded by Ms. Jackson, to approve the minutes of the
December 19 and December 20, 2016 meetings. The motion carried unanimously.
2. Public Comment
Resident Jo Ann Wong asked for an update on the Planning Commission interviews. Mr
Silvestrini explained that this is an item later on in the agenda. He reported that the Council had
interviewed 40 people. So many qualified people applied that he sent out an email after the
interviews to the applicants about whether they’d want to serve on a steering committee to help
the Planning Commission with visioning. Mr. Silvestrini reported that there had been ten minute
interviews for more than six hours. Ms. Wong said she was pleased there had been so mamy
applicants, and the Council agreed.
3. Reports
Report of the Mayor, reports of City Council members.
Mr. Silvestrini reported that all of the incorporation documents have been lodged, and we
are waiting to hear from the Lt. Governor’s office. He and Mr. Brems are pushing to make sure
we are incorporated before the end of the year. That’s important to get revenues flowing more
quickly.
Mr. Silvestrini said that he and Gilson Engineering are working to reconcile the nuber of
road miles. To file with UDOT to get Class C road funds, he must certify the number of lane
miles and provide a map. Mr. Ginsberg is working on that and we should be able to get that
done by end of the week.
Mr. Silvestrini has provided wire instructions to the County for the $100,000. We won’t
be spending that money until after January 9th. There is a public budget meeting at 6 pm. The
budget is a work in process. It is a very conservative estimate of revenues and accounts for the
fact we’ll be paying the MSD for some unknown period of time. So difficult to know what we’ll
be spending.
An audit of the Fire Department of former top employees was publically released last
week. The audit shows some questionable expenditures by them. There will be fallout from
that.
4. Appointments
4.1 Discussion and consideration of Resolution No. 16-__ - approving
appointments to the Planning Commission.
Mr. Silvestrini explained the process by which he had come to a recommendation of nine
of 40 candidates. The process was difficult because of the strength of the candidates. His
methodology was to appoint a commissioner from each of the four council districts, and then
choose three others plus two alternates. After discussion of Mr. Silvestrini’s recommendations,
the Council held a random drawing of names to determine the length of each individual’s term.
MOTION by Mr. Marchant, seconded by Ms. Catten, to adopt a resolution approving the
following appointments to the Planning Commission:
NAME TERM ENDS
Dave Carlson June 30, 2019
Scott Claerhout June 30, 2020
Fred Healey June 30, 2019
Shawn LaMar June 30, 2021
Mark Mumford June 30, 2020
Tom Stephens June 30, 2018
Heather Wilson June 30, 2018
and as alternate members of the Planning Commission:
David Allen June 30, 2019
Russell Booth June 30, 2019
The motion passed unanimously.
Mr. Silvestrini explained that he had contacted several of the applicants after the interviews
and asked if they would consider being on a “visioning” committee to help the Planning Commission
with the new general plan. Many had expressed interest, and that had helped guide his
recommendations to the Planning Commission. Discussion among the Council about the ideal size
for such a committee. The Council agreed to discuss the visioning committee at its next meeting.
5. Consent Agenda
6. Planning Matters
6.1. Discussion and consideration of Ordinance No. 16-__ - notifying the public of a pending
ordinance that would prohibit or regulate the erection, reconstruction, or alteration of any
building or structure or any subdivision approval with respect to developments in the M-
1, M-2, and the Foothills and Canyons Overlay Zones.
The Council re-ordered this agenda item to consider after consideration of item 8.3.
7. Financial Matters
8. Other Matters
8.1 Discussion and consideration of Resolution No. 16-__ authorizing the Mayor-
Elect to certify to the Utah Department of Transportation mileage for Class B
& C Road Funds
MOTION by Ms. Uipi, seconded by Ms. Jackson, to adopt a resolution authorizing Mr.
Silvestrini to certify to UDOT mileage for Class B and Class C Road funds. Motion passed
unanimously.
8.2 Discussion and consideration of Resolution No. 16-__ adopting the City
Council rules of procedure
MOTION by Ms. Jackson, seconded by Ms. Catten, to adopt a resolution to adopt the
City Council rules of procedure. Motion passed unanimously.
8.3 Discussion and consideration of Ordinance No. 16-___ adopting a compilation
of ordinances
Mr. Silvestrini explained that a compilation of draft ordinances has been posted on the
City’s public website. Mr. Brems has been reviewing the County’s code of ordinances and also
the code of ordinances that the County attorney set up for the Metro Townships. There have
been some changes necessary because we are a city and not a county entity. A few things were
missed, most notably the RCOZ, so Mr. Brems brought a copy of that ordinance to the meeting.
Mr. Brems and he think everything is here, but it won’t be unusual for surprises to crop up in the
future.
The County is considering adopting a new FCOZ zone. The County’s current FCOZ
ordinance is in the draft online, but the Millcreek Township Planning Commission has approved
the new ordinance the County is considering. The Mountainous Planning Commission has also
been working on the ordinance and made some changes with which Mr. Silvestrini is not
familiar. That’s why he is suggesting a moratorium on the FCOZ zone. In Millcreek, FCOZ is
just in the interface between already-platted lots on our eastern border up to the Forest Service
property.
The other moratorium Mr. Silvestrini is recommending is the multi-use and MD zones.
This affects the Meadowbrook Small Area area. There has been a rush of applications before
incorporation. The Millcreek Township Planning Commission had to have two meetings to
address them all.
Mr. Brems said that he will recommend some revisions in the next few months to the
GRAMA provisions to streamline them. Also, throughout the County’s planning ordinances,
there are references to rules, procedures, and regulations. The proposed ordinance for Millcreek
adopts all of those by reference.
Discussion about various training the Council members would like to have and some that
is required by law.
MOTION by Ms. Uipi, seconded by Ms. Catten, to adopt the compilation of ordinances,
with the addition of the RCOZ provisions. The motion carried unanimously.
Mr. Brems explained that the Resolution in item 6.1 is not a moratorium, but a notice to
applicants that they will be taking subject to the new changes. Discussion about the changes the
Council is considering in the Meadowbrook area, which will require changes to the M1 and M2
zones.
MOTION by Mr. Marchant, seconded by Ms. Jackson, to adopt the Ordinance notifying
the public of a pending ordinance that would prohibit or regulate the erection, reconstruction, or
alteration of any building or structure or any subdivision approval with respect to developments
in the M-1, M-2, MD-1 and MD-3, and the Foothills and Canyons Overlay Zones. The motion
carried unanimously.
Mr. Brems explained that a notice has to be given to the state tax commission before
January 1, 2017 to move the transient room tax to Millcreek.
MOTION by Ms. Uipi, seconded by Ms. Catten, to authorize Mr. Silvestrini to give
notice to the state tax commission to move the transient room tax to Millcreek. Motion carried
unanimously.
9. New Items for Subsequent Consideration
10. Calendar of Upcoming Events
City Council session planned for January 3, 2017 at 2:30 p.m. at the City offices
Inauguration of Millcreek-January 3, 2017, 6:30-8:30 Wasatch Jr. High School.
City Council session planned for January 9, 2017 at 4:00 p.m. This will include a
public hearing on the consideration and adoption of a tentative budget for the period
1/1/17 to 6/30/17.
11. Closed Session (If Needed)
12. Adjournment
MOTION by Ms. Uipi, seconded by Mr. Marchant, to adjourn. Motion carried
unanimously.
The meeting adjourned at 2:35 p.m.
Agenda
PRE-INCORPORATION CITY COUNCIL AGENDA
Tuesday, December 27, 2016
NOTICE IS HEREBY GIVEN that the Millcreek Pre-Incorporation City Council shall assemble for a meeting in
the Conference Room of the Mt. Olympus Improvement District Offices located at 3932 South 500 East
Millcreek, Utah.
10:00 AM-12:00 PM – WORK SESSION
The City Council will conduct interviews of individuals and firms who have proposed assisting
Millcreek with its accounting and other finance needs.
12:30 PM – GENERAL MEETING
1. Call to Order
1.1. Pledge
1.2. Approval of Minutes
2. Public Comment
Audience members may bring any item to the Mayor and Council’s attention. Comments are subject to the
Public Comment and Policy set forth below. State Law prohibits the Council from acting on items that do
not appear on the agenda.
3. Reports
Report of the Mayor, reports of City Council members.
4. Appointments
4.1 Discussion and consideration of Resolution No. 16-__ - approving appointments to the
Planning Commission
5. Consent Agenda
6. Planning Matters
6.1. Discussion and consideration of Ordinance No. 16-__ - notifying the public of a pending
ordinance that would prohibit or regulate the erection, reconstruction, or alteration of any
building or structure or any subdivision approval with respect to developments in the M-1,
M-2, and the Foothills and Canyons Overlay Zones.
7. Financial Matters
8. Other Matters
8.1 Discussion and consideration of Resolution No. 16-__ authorizing the Mayor-Elect to certify
to the Utah Department of Transportation mileage for Class B & C Road Funds
8.2 Discussion and consideration of Resolution No. 16-__ adopting the City Council rules of
procedure
8.3 Discussion and consideration of Ordinance No. 16-___ adopting a compilation of ordinances
9. New Items for Subsequent Consideration
10. Calendar of Upcoming Events
Inauguration of Millcreek-January 3, 2017, 6:30-8:30 Wasatch Jr. High School.
City Council session planned for January 3, 2017 at 5:00 p.m. at Wasatch Jr. High.
City Council session planned for January 9, 2017 at 4:00 p.m. This will include a public hearing on
the consideration and adoption of a tentative budget for the period 1/1/17 to 6/30/17.
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
In accordance with the Americans with Disabilities Act, Millcreek will make reasonable accommodation for participation in the meeting.
Request assistance by contacting Leslie Van Frank, 801-541-8838, and provide at least 48 hours advance notice of the meeting.
PUBLIC COMMENT POLICY AND PROCEDURE: The purpose of public comment is to allow citizens to address items on the agenda. Citizens
requesting to address the commission will be asked to complete a written comment form and present it to the acting city recorder. In general,
the chair will allow an individual two minutes to address the Council. A spokesperson, recognized as representing a group in attendance, may
be allowed up to five minutes. At the conclusion of the citizen comment time, the chair may direct staff to assist the citizen on the issue
presented; direct the citizen to the proper administrative department(s); or take no action. This policy also applies to all public hearings.
Citizens may also submit written requests (outlining their issue) for an item to be considered at a future council meeting. The chair may place
the item on the agenda under citizen comments; direct staff to assist the citizen; direct the citizen to the proper administrative departments; or
take no action.
I, Leslie Van Frank, acting City Recorder, certify the foregoing agenda was emailed to at least one a media correspondent, was posted on the
Utah State Public Notice website www.utah.gov/pmn/index.html and on Millcreek’s website at http://millcreekut.org, and was posted at the
Mt. Olympus Improvement District Offices located at 3932 South 500 East Millcreek, Utah.
Posted and dated this 23rd day of December 2016. /s/ Leslie Van Frank, Acting City Recorder
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