City Council
Regular MeetingMillcreek, UT · August 14, 2017
Minutes
Minutes of the
Millcreek City Council Meeting
Monday, August 14, 2017
APPROVED 08/28/17
Councilmembers present
Jeff Silvestrini – Mayor
Silvia Catten – Council District 1
Dwight Marchant – Council District 2
Cheri Jackson – Council District 3
Bev Uipi – Council District 4
Other present
John Geilmann – City Manager
Leslie Van Frank – Acting Recorder
John Brems – City Attorney
WORK SESSION
Mayor Silvestrini called the meeting to order at 4:04 PM. The meeting was held at Fire Station #106 in
Millcreek.
1. Report by Salt Lake County attorney’s office regarding courts
Mayor Silvestrini announced that no representative of the County attorney’s office would be present.
He and City Attorney John Brems described each of the proposed interlocal agreements with the
County for Court services. The proposed contract amounts are: general court services, $649,024;
indigent defense services, $112,558, and prosecution services, $255,813. Prosecution costs are higher
than defense costs because the prosecutors must investigate many offenses to determine whether to
bring charges. The contract costs should be offset by fines and court costs. The County will be billing
the City for the difference. There might need to be a budget amendment for these contracts.
The amounts in the contracts represent the County’s best effort at identifying the cost of providing
services to Millcreek in the past. There had never been a reason in the past to track Millcreek
separately. These numbers may change in the future as experience shows the actual costs.
Mr. Brems explained that the City had explored the idea of whether court services had to transfer to
the City on incorporation. Based on ambiguous language in the governing law, Millcreek has an
argument that it does not have to take over court services, but those services should remain with the
County. He and Mayor Silvestrini concluded that the interlocal agreements were a better way to go.
Mr. Brems explained that he was concerned that the County had not had to keep costs under control in
the past, and that this would likely be a way to keep costs in check. Mayor Silvestrini noted that
Holladay has its own justice court and Cottonwood Heights contracts with Holladay for those services.
Both cities lose money.
The mayor indicated the best guess was that the costs would end up being about what has already
been budgeted. Councilmember Marchant asked whether in the future there would be better
numbers. The mayor indicated that yes, and then the contracts could be renegotiated with more
accurate information. He further explained that there are still logistical issues in tracking citations. For
example, someone lives in Holladay and is cited in Millcreek, the citation should be heard in Millcreek,
but it’s not been well-tracked at the police level or in the prosecutor’s office. Mr. Brems noted that
there’s a uniform bail schedule, but judges can relieve offenders of paying the full amount. The mayor
noted that the council had budgeted for a $552,000 loss. The contracts give Millcreek 53% of the
historical costs, but it is yet unknown what percentage of the citations are issued in Millcreek. This
year, going forward, the County and the police will be tracking where the citations are issued.
2. Report from Rolen Yoshinaga from Salt Lake County regarding planning
Mayor Silvestrini explained that Mr. Yoshinaga would not be present. The mayor explained that as of
July 1st, the County is still doing all of Millcreek’s planning, but that the City has a plan to take that
over.
The mayor noted that the last day to submit applications for the planning director position is the 15th of
August. City Manager John Geilmann reported that quite a few applications have been submitted,
some very promising. He will be interviewing candidates this coming week.
Mayor Silvestrini reported that the proposed interlocal agreement with the county for planning and
development services was for 90 days, i.e., July 1 through September 30. The contract is renewable.
The contract price is adjustable if the City hires employees who are laid off from the County. The
County has already given reduction-in-force notices to several employees, some of whom have been
working exclusively on Millcreek applications. For continuity, they’ve been asked to come to work for
the city on a probationary basis. The new planning director needs an opportunity to choose his or her
staff, so their choices should not be handcuffed. But the agreement does give the City a price
adjustment if County employees are hired.
Mayor Silvestrini reported that the City will get the leased space on 1300 East and 3300 South up and
going as soon as possible, but there will be a transition period. The mayor indicated that he has spoken
with Mr. Yoshinaga about the County finishing applications that were filed before the City takes over.
That’s still on the table, and may depend on how quickly the new planning department can ramp up.
3. Discussion with Logan Simpson about general plan issues
Mayor Silvestrini noted that Logan Simpson (LS) was not present at the meeting. He indicated they will
be coming to a few more public events. They are working on getting the survey online. LS will also be
attending the next meeting of the Envision Committee, which is Sept 13th (2d Weds) at 6 PM at the City
offices. The mayor reported that LS has been given all information the City has been collecting from
the public. So far, the collection of information not as broad-based as we want, but LS knows that and
will address it.
Planning Consultant John Jansen reported that he had reminded LS of tonight’s meeting, but they
indicated they had not planned on attending. Mr. Jansen reported that he and the mayor had been at
the Envision Committee meeting the previous week, where Logan Simpson had assisted with some
visioning exercises. Mr. Jansen said that the Envision Committee had talked about various ways we
could promote expanded outreach in the community. LS is happy that that the City is ahead of the
curve in its public engagement efforts. LS will be meeting for two days next week with people on a list
that the Council and other opinion leaders had compiled. Mr. Jansen reported that the Envision
Committee had had some discussions about branding, a slogan and a tagline.
4. Discussion of Millcreek City Council’s draft governing vision and mission statements
Mr. Geilmann reported that he had taken the minutes from the workshop in which the City Council had
participated earlier this spring. He took thoughts that kept surfacing and put them into traditionally
formed value statements. He felt that the values expressed by the Council in the workshop were:
1. Safe Community
2. Sustainable environment that provides recreational accessibility
3. Active volunteerism
4. Embrace diversity
5. Empowered & engaged in governance
6. Changing yet preserving
He then drafted a vision statement in a traditional form used by other cities that incorporated these
values and other concepts from the workshop:
Millcreek is an empowered, interactive, and diverse community where residents and
businesses respectfully engage with each other in governance and volunteerism to
maintain a fiscally responsible, environmentally sustainable City that provides a
"welcome home" feeling to everyone - past, present and future.
Mr. Geilmann explained that this vision statement would be a springboard for the Envision Committee
and the group working on the general plan.
Mr. Geilmann then explained that he did the same thing with a mission statement, which deals with
governance and staffing. How do the City provide services, how does the City take care of the
community:
Millcreek provides superior and responsive municipal governance and services in a
fiscally conservative and responsible manner that sustains and improves the quality of
life for residents and stakeholders of the City.
Mr. Geilmann explained that the two statements could still be wordsmithed. He suggested a two or
three-hour work session. Mayor Silvestrini said that the Council would have time later in the work
meeting today to work on that, but indicated he would like first to discuss municipal priorities.
5. Discussion about draft Employee Manual
Mayor Silvestrini postponed this discussion to later in the work meeting, after completion of the
discussion about municipal priorities.
6. Discussion with John Geilmann about municipal priorities
Mr. Geilmann predicated his presentation with a “behind-the-scene look at why cities exist:” Cities
exists because the state allows them to exist—Millcreek is a “creature of the state.” He explained that
80 percent of what we as a City do is the same as what other cities do. It’s only the remaining 20
percent that’s unique. That’s where the governing body and the planning commission and staff steps
in. What makes us unique? What is unique to Millcreek? That’s what we’ll focus on when we get into
priorities. We must first figure out what is unique before we can start talking about priorities.
Mr. Geilmann explained his view that the City’s priorities must be determined in a sliding scale – from
not changing anything to completely changing everything. Look at a yardstick. “Never put that which
matters most at the mercy of that which matters least.” Don’t worry about what is at 1 when what
matters the most is at 30. Always ask the question, “Is this in the best interests of the overall City?”
He then pointed out that the City Council has been working on regulatory priorities since last
December, such things as ordinances, budgets, a treasurer, a recorder. That’s the 80 percent. The
other 20 percent includes things like aesthetics, municipal services, biking and walkability, committees,
events, land use/general planning, historical preservation, recreation, retail centers, and on and on.
These are the things that Millcreek has that are unique.
Councilmember Uipi confirmed that this is what she wanted when she asked Mr. Geilmann to talk
about priorities.
Councilmember Catten asked how these principles are applied. She noted that priorities in her
neighborhood are probably different than those in other councilmembers’ neighborhoods. How does
the Council determine the priorities? Do we have our own personal priorities and then the council
one? How do we manage that?
Mayor Silvestrini said that the first question must always be: is it good for the whole City? We must
prioritize the competing needs in council districts as well.
Councilmember Jackson said that the priorities would change over time as different circumstances
develop.
Councilmember Marchant asked what are the current priorities.
Councilmember Uipi said that the Council will need to try to bridge gaps between the four districts.
Mr. Geilmann noted that the Council is now the governing body. It’s not a different set of groups
anymore. The councilmembers receive input from constituents and bring that input to the Council.
Then, what then does the budget allow for? While living within your budget, what are you seeing
within your City? Hypothetically: we have a recreation area at this location, do we need another one in
another part of the City? Could we get a developer to come in and amass properties to create another
recreational area? Do we decide to do it ourselves? It’s not, who gets it first, but how do we as a
governing body to make people’s lives better? What’s important to Millcreek? If it’s important to
Millcreek, it needs to be on this table.
Councilmember Uipi suggested that as a next step, each of the councilmembers give a list to Mr.
Geilmann of their top five priorities. Her constituents are concerned about snowplowing and waste
services. Councilmember Catten said she had heard a little about those issues from her constituents
but she had heard much more about land use and planning and parks and open space. Councilmember
Jackson echoed Councilmember Catten’s concerns.
Mr. Geilmann said that the Council could give him the list, but it was the Council that had to decide
what has priority. He indicated that he could explain how specific tasks get done, so the Council has
enough information to decide whether to put it higher on the list. He pointed out that Millcreek is a
unique city, because we’ve already been doing a lot of these things with the community councils.
Before incorporation, we didn’t have the regulatory power to get these things done. Now the Council
does have that power.
Mr. Geilmann said that starting in about December, the Council will be learning about priority based
budgeting. That process helps to define where the dollars are and where the dollars are going to go.
This process will be based on the values and vision the Council adopts. That’s why the general planners
want this information. You must find the consistencies in what’s being said.
Councilmember Uipi suggested that when the flavor of the month changes based on circumstances,
then Mr. Geilmann can bring it back to the Council and help us weigh it.
Mr. Geilmann noted that many cities go through an annual strategic planning process. How do we
mesh the vision that Logan Simpson (LS) is putting together through the general plan process with
what’s going on here? Part of LS’s job is to pull this together.
Mayor Silvestrini stated that the vision statement the Council wanted was one for the City itself. It was
a City Council exercise—a starting point for the Council. Councilmember Uipi noted that the Council’s
prior workshop was the beginning stages of the internal strategic plan that we didn’t want to go any
further with until we hired a City manager. We want the employees to be accountable to what the
governing body wants.
Mr. Janson said that he was worried that the general plan will complicate that. Often the topics
overlap. There may be some things that you want to add as the plan gets completed.
Councilmember Uipi noted that the vision statement is a fluid document. It can be sent to LS for now.
The mayor noted that the Council is a stakeholder, too, and its vision is the Council’s input.
Millcreek resident Kumar Shaw noted that the statement is flexible, and can change as circumstances
change.
Mr. Geilmann said that the process is like a spinning wheel, you’re getting better or you’re getting
worse. You want to be sufficiently dynamic to be getting better all the time.
Mr. Marchant noted that each district’s specific priorities will always be a part of the recipe.
The Council then discussed the specific language of the statements, and determined that at the next
meeting, it would adopt the following language:
Vision
Millcreek is a diverse community where residents and businesses are empowered to
respectfully engage and interact with each other in governance and volunteerism to
maintain a fiscally responsible, environmentally sustainable City that provides a
"welcome home" feeling to everyone - past, present and future.
Mission
Millcreek provides superior and responsive municipal governance and services in a
fiscally conservative and responsible manner that sustains and improves the quality of
life for residents and stakeholders of the City.
The discussion then turned to the Employee Manual, an earlier agenda item:
Mr. Geilmann explained that several changes had been made to the draft Employee Manual since it
was last circulated. He said that it needed to be tailored back quite a bit to where it addresses 50 or so
employees.
Mr. Brems noted that he wanted the City human resources consultant, NFB, to review the document
before the City adopts it. NFP had made recommendations for leave and so forth and the manual
should be consistent with NFP’s recommendations
Mr. Geilmann noted that as the City manager, he wants flexibility with hiring and dismissing
employees. He said he would have NFP review the Employee Manual, and have it ready for
consideration at the August 28th meeting
7. New items for consideration
Mayor Silvestrini announced that Herriman had voted to leave the Salt Lake Valley Law Enforcement
Service Area (SLVLESA). Mr. Brems noted that Herriman’s notice went to SLVLESA today. Mayor
Silvestrini explained that when he talked to Herriman’s Mayor Freeman, he asked for Herriman’s
support if Millcreek voted in favor of Herriman’s leaving. If they and Riverton agree Millcreek can
leave, then Millcreek will not need the additional feasibility study that state law requires.
Fundamentally, in terms of the financial impact, the state law study wouldn’t reveal anything more
than the feasibility study the City has already commissioned.
Mayor Silvestrini reported that he recently had a discussion with Millcreek Precinct Chief Steve DeBry
and others at the UPD about identity theft. They gave the Mayor some ideas about how the City can
help.
Mayor Silvestrini further explained that he and Chief DeBry had discussed whether the UPD should use
the sheriff that the Democratic Party would soon be selecting, or hire its own police chief. The current
organization of the department, where the County sheriff is the head of the UPD, came about in large
part to satisfy other cities so they would have more control. Sheriff Winder yielded a lot of power at
the time, but still remained in charge of the UPD. Only the legislature can change the current
organization. Several SLVLESA board members, including County Mayor Ben McAdams, support this
concept.
Mayor Silvestrini reported that Chief DeBry had also recommended that Millcreek exit SLVLESA. If
Millcreek wanted to increase forces, other SLVLESA members might not agree. The process to leave is a
resolution by the Council. While not legally necessary, it would be advisable to have a public hearing.
The timing is another issue. That revolves around how the City can finance it. Herriman and Riverton
have decided to form their own taxing districts. The advantages are, according to their mayors, that
the property taxes will be dedicated to police services. In other cities, the City council has discretion to
move funds around, such that sales tax could be used for police services and property taxes for street
repairs.
In response to a question from Councilmember Jackson, Mr. Brems explained that Herriman currently
has a property tax, but doesn’t collect much money from it. Riverton has no property tax. The
property taxes for police services will be collected by the taxing districts they intend to create.
Councilmember Jackson expressed concern that with all of the residential apartments being built, they
will not be contributing to Millcreek’s police services. Mayor Silvestrini explained that the property
owners are indeed contributing property tax. They are not entitled to the residential exemption that
homeowners enjoy. Thus, they are paying for police services. Councilmember Jackson asked whether
what they are paying is sufficient for the police service that we need or will there be a time where we
wish we could supplement with sales tax? It would be good to have more than one source.
Mayor Silvestrini indicated that his personal preference would be to contract directly with UPD, and
not be limited to funding police services with just property taxes. It would also diversify the City’s
revenues, and give us a better bond rate. Sales tax is volatile. Mayor Silvestrini indicated that he was
not certain that it was a good selling point to tell residents that their property tax will be spent only on
police services. It’s better to explain to them that the City’s funds are diversified. The mayor also noted
that he would not want to hire a separate financial officer/director, and have an additional audit, both
of which are items that a special taxing district would require. The real issue is the timing.
Mr. Brems reported that Herriman is leaving after the 22nd of December, 2017. He noted that there
had to be a public hearing and a resolution adopted, and then the City had to give the SLVLESA board
timely notice. An interlocal would have to be negotiated. Millcreek would have to be out of the
SLVLESA district on January 1, 2018 in order to not miss the property tax collection. Mr. Brems
reported that he’s already started working on an interlocal agreement.
Mayor Silvestrini said that he wanted to ask financial advice from the consultant Millcreek contracted
for the feasibility study, Lewis Young. It was outside the scope of the study they’d already completed,
but he wants to ask them to help figure out a strategy to pay for police without forming a district. The
problem, the mayor noted, is that Millcreek would not be collecting the 2017 property tax. SLVLSA will
collect that tax and use it to pay off the tax anticipation notes they took out to pay for 2017 services.
Then SLVLESA will have a part of Millcreek’s tax money to pay for services again until they have to
borrow. The mayor noted that we need to know what the legalities are. Is there a way to issue a bond
rather than notes? These could be secured by property tax revenue. The difficulty with notes is that
Millcreek’s fiscal year ends in June and notes would have to be repaid by then. If the borrowing period
could be extended through the end of the calendar year, that would solve the financing problem.
Mmayor Silvestrini wants to ask Lewis Young how this could be fixed.
Mr. Brems pointed out that municipalities’ fiscal reporting year is set by the Utah Constitution, so that
could not be changed easily.
After discussion, the Council determined to have a public hearing on September 11, 2017 on whether
to leave SLVLESA. The resolution could be heard on the 18th before the SLVLESA board meeting on the
21st. Councilmember Jackson will work on a postcard to send to the public before Labor Day.
Councilmember Catten agreed to locate a larger space for the public hearing.
The Council then discussed items for future agendas including:
Employee Manual – on August 28th agenda for adoption
Vision statement – on August 28th agenda for adoption
A Millcreek resident who wants to discuss accessory apartments. Mayor Silvestrini noted that he would
like to hear from someone from Sandy or somewhere else about their experience with such an
ordinance. Councilmember Uipi noted that the City must be open to diverse ways of housing.
Councilmember Jackson asked whether stipulations, like off-street parking, could be required.
The Arts Council – Mr. Brems asked the Council what they wanted to do about the Arts Council. He
needs to see the 501(c)(3) before taking any further steps, but has not yet heard back from the Arts
Council with the requisite information. Councilmember Jackson suggested that Rita Lund could reach
out to Kevin Flynn, who is apparently the new Arts Council president.
Councilmember Marchant noted that the contract price the Council had previously approved with
Dave Sanderson had increased. He has been told that was required because he would now be
preparing payroll. Councilmember Uipi noted that the Council had understood there would be no
changes to the contract, and she thought NFP was doing payroll. Mayor Silvestrini reported that he
had had a discussion with NFP about payroll, and they suggested it would be more cost effective for
the City for Mr. Sanderson to take over payroll. Mr. Geilmann noted that Mr. Sanderson is a modified
finance-type person. Mr. Geilmann wants to move tasks from NFP if possible. He noted that an in-
house finance director would cost $80,000, and that Mr. Sanderson’s contract for $20,000 is a good
deal. The Council agreed.
Mayor Silvestrini noted that there may be County reports on the August 28th meeting.
He noted that the Council needs to make decisions about streets program and capital projects based
on John Miller’s project priority spreadsheet
Mayor Silvestrini reported that the City is waiting for the County to issue (on Millcreek’s behalf) a
permit for the buildout. The County produced checklist of questions, like what’s going to be stored in
the storage area? The City received two bids for the work– both much higher than what we
anticipated. The bids were submitted to four contractors and two responded. Contractors are busy
right now. We should still be getting money from the fund balance from the MSD. We don’t have that
in the budget now. It would augment our budget. We might not get it until the end of the year, and it
isn’t certain that it will be coming. It will have to be negotiated. We have recommended going to the
low bidder and asking if they’d accelerate the schedule with a $20,000 kicker.
The Mt. Olympus Improvement District is waiting for the City to move out so they can do some
remodelling. On August 22nd, a moving company is moving all the furniture in the basement and also
the furniture from its current location in the storage unit. It will then be tarped. When the demising
wall goes up, there shouldn’t be much dust. Mr. Geilmann says once it’s in the new space, he will be
able to spread it out and see what’s there.
For the August 28th meeting, add a discussion about the discretionary part of our budget – things the
Council must decide, like how much to fund for 50/50 program, which ones of the projects on Mr.
Miller’s list do we want to go forward with. Councilmember Uipi asks how the priorities will be
determined. Mayor Silvestrini suggested that each councilmember pick a project in their district, then
the Council as a whole can discuss what’s best for the City. He and Mr. Geilmann will work with Mr.
Miller on the list.
Councilmember Jackson asked whether the Council would be deciding who to hire as the planning
director and recorder. Mayor Silvestrini noted that hiring employees is now Mr. Geilmann’s job. He will
report at the August 28th meeting who he has hired.
Councilmember Jackson asked about what progress had been made on storm drains. Mr. Geilmann
reported that he had spoken with Elaine Bentley. She’ll be gone until the end of August, and he will talk
with her when she returns.
The Work Meeting adjourned at 6:26
REGULAR MEETING:
1. Call to Order
Mayor Silvestrini called the meeting to order at 7:02 PM. He recognized County Councilmember Sam
Granato in the audience.
Mayor Silvestrini then led the audience in the pledge of allegiance.
Councilmember Jackson moved to approve the minutes for 8/7/17 meeting. Councilmember Marchant
seconded the motion. All approved
2. Public Comment
Millcreek resident Bob Johnson. Mr. Johnson reported that he lives at Shadybrook. He recently
watched the police raid what he believes is a meth house. He has been watching drug deals in the
neighborhood parking lots. There are many safety issues. Mr. Johnson wants to know whether Scott
Avenue will ever be improved into a normal road? Any plans for sidewalks? Finished road?
Mayor Silvestrini responded that Scott Avenue is on a list with a number of other streets for
improvement. Many others in the past have asked about it. This project has a higher priority because
of the park. The lead story in the newsletter this week was about sidewalks and how the priorities
work. Scott Ave is one of our four parks. But it’s difficult to know right now when improvements can be
made.
Mr. Johnson reported that the street feels unsafe, because the road is very narrow.
Councilmember Marchant advised that Scott Avenue had been under discussion as to the best thing to
do. It is a through street to the east. It’s not wide enough to put in a painted line. Humps were being
studied. There are many issues, which the engineers are reviewing.
Councilmember Uipi asked Mr. Johnson about his report about crime. Mr. Johnson explained that he
was curious about what is happening with the house. The mayor encouraged him to talk to the police.
He also explained that it’s the private owner’s responsibility to rehabilitate a meth house, not the
City’s.
3. Reports
3.1 Report of the Mayor
The mayor reported that earlier in the day, he, Councilmember Catten, and members of the
Envision Committee and the Planning Commission, had toured the types of mixed use projects that
could potentially be built in Millcreek, as well as several projects already built here. He explained
that the idea was to try to get a feel of what we like, what things present problems, what are the
challenges, what’s working.
The mayor reported that he had met with the Envision Committee last week and with the
consultant. They had talked about continued public engagement. There will be some branding
proposals.
Mayor Silvestrini reported that the annual Mt. Olympus cleanup had occurred on Saturday. He
expressed thanks to the volunteers, and the police and public works. Public works had provided
200 visibility vests, all of which were distributed. About 250 people volunteered. They cleared litter
off Wasatch Boulevard, did spot cleanups around Fortuna, and cleaned graffiti from the trailhead.
The mayor suggested that the Council should consider spreading this around the City. The project
was done in two hours because there had been so many volunteers and the work assignments
were very well organized.
3.2 Reports of City Council members – There were no reports
3.3 Report of City Manager – There were no reports
3.4 Report by the Unified Police Department
Millcreek Precinct Chief Stephen DeBry announced that Officer Mike Prettymen would be awarded
as Officer of the Month, a long-standing tradition with plaques that go back to 1971 or 72. Chief
Debry explained that Officer Prettyman has served for 4 years in the Millcreek Community Oriented
Police program. This year was Millcreek’s first 4th of July parade as a City. Officer Prettyman
coordinated it flawlessly. He is receiving his citation this past month, and for the past four years. He
is leaving to serve as the officer at Kearns Jr. High.
Chief DeBry introduced Officer Bettina Allen, who will be taking over Officer Prettyman’s COP
position. Officer Allen has served in patrol in Millcreek for 15 years. She’ll be COP.
Millcreek resident Sam Granato (also County Councilmember), as well as J.Thelan on behalf of
Millcreek’s Citizens’ Advisory Board (CAB), also expressed their thanks to Officer Prettyman for his
service, and each presented him with a certificate and a gift.
Mayor Silvestrini and other members of the Council also thanked Officer Prettyman, and praised
his work.
Officer Ronnie then presented the UPD’s overall statistics for July. He gave some examples of
arrests that had been made. He then thanked the City, CAB and Chief Debry for their efforts in
presenting the Night Out Against Crime. Six hundred people were served, the Lions Club had snow
cones, bikes given out on raffles. It was a national night out against crime. The UPD was able to
show off their services. It was a big success. Councilmember Uipi expressed her appreciation to the
UFA and the UPD for the evening, noting that it was difficult to schedule in Millcreek when so many
other cities and metro townships are doing the same thing. She thanked the UPD for giving
Millcreek priority and sending the canine unit to our City to show off.
Mayor Silvestrini also expressed his thanks. He further reported that he had met with Detective
Lambert and Sgt. Van Wagoner that evening and again this week. He intends to work with them on
legislation to criminalize the possession of tools of identity fraud
3.5 Report by the Unified Fire Authority – Chief Dan Larsen welcomes the Council to Fire
Station #106.
4. Appointments - there were no appointments on the agenda
5. Consent Agenda - there were no items on the consent agenda
6. Planning Matters – there were no planning matters on the agenda
7. Financial Matters – there were no financial matters on the agenda
8. Other Matters
8.1 Discussion and consideration of City Manager’s recommendation regarding responses to
Request for Proposals for lobbying services –
Mr. Geilmann reported that the City had received only three responses to the RFP for lobbying
services. All three responders were qualified. He then looked for at the cost for services. The least
expensive was from Capstone at $25,000. The next was for $36,000, and the next was $60,000-plus.
Based on the City’s procurement policy, he recommended Capstone as the lowest bidding group.
Mayor Silvestrini reported that the City had used Capstone during the 2017 legislative session. He said
he was happy with Capstone’s services. As a result of their work, the City saved more than . I was
happy with the service he rendered last year. We saved more than $100,000in election costs, and also
was able to obtain more than $1 million in start-up costs.
Councilmember Uipi said she was glad to see the Council go through the RFP process this year. She also
indicated her desire to have a presentation from Capstone about what the City’s legislative priorities
will be.
The mayor reported that he would be meeting with Capstone, Mr. Brems and Mr. Geilmann to talk
about legislative priorities. He said that they would work on a presentation for a future meeting.
8.2 Discussion and consideration of Ord No. 17-___ - adopting a fee schedule for GRAMA
requests
Mayor Silvestrini explained that the City had received one GRAMA request so far. There are costs
involved. Having a uniform fee schedule will help the City respond.
Councilmember Uipi asked if the proposed fees are similar to those in other cities. Mr. Brems
reported that they are.
Mr. Brems, in response to a question from Councilmember Catten, indicated that a requester can
get copies of documents if they request them. The mayor explained that the proposed schedule
allows flexibility in how the response is made.
Motion was made by Councilmember Uipi, seconded by Councilmember Jackson, to adopt
Ordinance No. 1-__, adopting a fee schedule for GRAMA requests. Motion passed by roll call vote
with members voting as follows:
Councilmember Uipi – Aye
Councilmember Catten – Aye
Mayor Silvestrini – Aye
Councilmember Jackson – Aye
Councilmember Marchant – Aye
8..3 Discussion and consideration of Resolution No. 17-___ - approving interlocal for
planning/development services
Mayor Silvestrini explained that the agreement would assist the City and provide some continuity
in helping the City to set up our own department.
Motion was made by Councilmember Catten, seconded by Councilmember Uipi, to adopt
Resolution No. 17-___ - approving interlocal for planning/development services. Motion passed by
roll call vote with members voting as follows:
Councilmember Uipi – Aye
Councilmember Catten – Aye
Mayor Silvestrini – Aye
Councilmember Jackson – Aye
Councilmember Marchant – Aye
8.4 Discussion and consideration of Resolution No. 17-___ - approving interlocal for indigent
defense services
8.5 Discussion and consideration of Resolution No. 17-___ - approving interlocal for
prosecution services
8.6 Discussion and consideration of Resolution No. 17-___ - approving interlocal for justice
court services
Mayor Silvestrini conducted a discussion on these three items together. He noted that each was
subject to approval by the County Council. He pointed out that there are three agreements related
to court services. The first is for misdemeanor offenses with jail time threatened. Under the
proposed agreement, Millcreek would pay the County $112,000. The contract would be
administrated by the County but be executed by Legal Defenders
The second contract is for prosecution services at a cost of $255, 813. Prosecution costs are more
than defense costs because prosecutors not only try cases, they have to evaluate cases to
determine whether they will bring charges for the offense. This contract is for one year of services.
The mayor explained that he had spoken with the judge at the Salt Lake County justice court. She is
satisfied with the professionalism of the Salt Lake County attorney’s office.
The third contract is for justice court services for the courtroom at 21st South and State. The mayor
explained that contrary to what some people believe from anecdotal evidence, courts don’t pay for
themselves. Cities subsidize courts. Mayor Silvestrini reported that he’d spoken with a number of
mayors in Salt Lake County. The justice court that Salt Lake County runs has a good reputation.
Part of the issue this year on all the contracts was figuring out pricing. The UPD, courts, and
attorneys have never had a reason to keep track of Millcreek specific offenses. That makes the
pricing difficult. Thus, the pricing of these agreements is an experiment at this point. The
cumulative price of these contracts is more than what we have budgeted in our 2018 budget. But
forfeitures, court costs, expenses of being processed through the criminal justice system will offset
against these contract prices. The mayor reported that at the end of the day, we hope to come out
in the black, but there’s a possibility that a a budget adjustment will be necessary in the future./
A motion was made by Councilmember Jackson, seconded by Councilmember Uipi, to approve
Resolution No. 17-___ - approving interlocal for indigent defense services. Motion passed by roll
call vote with members voting as follows:
Councilmember Uipi – Aye
Councilmember Catten – Aye
Mayor Silvestrini – Aye
Councilmember Jackson – Aye
Councilmember Marchant – Aye
A motion was made by Councilmember Catten, seconded by Councilmember Jackson, to approve
Resolution No. 17-___ - approving interlocal for prosecution services. Motion passed by roll call
vote with members voting as follows:
Councilmember Uipi – Aye
Councilmember Catten – Aye
Mayor Silvestrini – Aye
Councilmember Jackson – Aye
Councilmember Marchant – Aye
A motion was made by Councilmember Uipi, seconded by Councilmember Catten, to
approve Resolution No. 17-___ - approving interlocal for justice court services. Motion passed by
roll call vote with members voting as follows:
Councilmember Uipi – Aye
Councilmember Catten – Aye
Mayor Silvestrini – Aye
Councilmember Jackson – Aye
Councilmember Marchant – Aye
Mr. Geilmann reminded the Council that when the IT services contract had been approved, the Council
had not required a separate resolution. He asked the Council whether it would be necessary to bring
back a separate resolution to approve a contract for lobbying services. The Council agreed that such
would not be necessary.
Motion to Councilmember Uipi to adjourn, seconded by Councilmember Jackson. All approved
Meeting adjourned at 7:50 PM
Agenda
CITY COUNCIL AGENDA
August 14, 2017
NOTE CHANGE IN LOCATION
NOTICE IS HEREBY GIVEN that the Millcreek City Council shall assemble for a meeting at Fire
Station #106, 1911 East 3300 South, in the conference room on the first floor.
4:00 PM - WORK SESSION
1. Report by Salt Lake County attorney’s office regarding courts
2. Report from Rolen Yoshinaga from Salt Lake County regarding planning
3. Discussion with Logan Simpson about general plan issues
4. Discussion of Millcreek City Council’s draft governing vision and mission statements
5. Discussion about draft Employee Manual
6. Discussion with John Geilmann about municipal priorities
7. Discussion of new items for subsequent consideration
8. Discussion of items on regular meeting agenda
6:30 PM - BREAK:
Dinner for Council provided this week by Councilmember Dwight Marchant
7:00 PM - REGULAR MEETING:
1. Call to Order
1.1. Pledge of Allegiance
1.2. Approval of Minutes for 8/7/17 meeting
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
3.1 Report of the Mayor
3.2 Reports of City Council members
3.3 Report of City Manager
3.4 Report by the Unified Police Department
3.5 Report by the Unified Fire Authority
4. Appointments
5. Consent Agenda
6. Planning Matters
7. Financial Matters
8. Other Matters
8.1 Discussion and consideration of City Manager’s recommendation regarding
responses to Request for Proposals for lobbying services
8.2 Discussion and consideration of Ord No. 17-___ - adopting a fee schedule for
GRAMA requests
8.3 Discussion and consideration of Resolution No. 17-___ - approving interlocal
for planning/development services
8.4 Discussion and consideration of Resolution No. 17-___ - approving interlocal
for indigent defense services
8.5 Discussion and consideration of Resolution No. 17-___ - approving interlocal
for prosecution services
8.6 Discussion and consideration of Resolution No. 17-___ - approving interlocal
for justice court services
9. New Items for Subsequent Consideration
10. Calendar of Upcoming Events
Mt. Olympus Community Council, August 15, 2017, 7 PM, Churchill Jr. High, 3450 East
Oakview Drive
Planning Commission, August 16, 2017, 5 PM, Salt Lake County Government Center,
N-1-110, 2001 S. State St., Salt Lake City
City Council August 14th meeting is CANCELLED
City Council, August 28, 2017, TBA work meeting, 7 PM regular meeting, location:
Artesian Springs Apartments, in the Commons; 4197 South Main St.
11. Closed Session (If Needed)
The Council may 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, 801-214-2706, at least 24 hours in advance 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 may 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.
Leslie Van Frank, acting City Recorder, hereby certifies the foregoing agenda was emailed to at least one a media correspondent,
was posted on the Utah State Public Notice website and on Millcreek’s website at http://millcreek.utah.gov, and was posted at the
Mt. Olympus Improvement District Offices located at 3932 South 500 East Millcreek, Utah. Posted and dated on or before the
13th day of August, 2017. /s/ Leslie Van Frank, Acting City Recorder
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