City Council
Regular MeetingMillcreek, UT · September 12, 2022
Minutes
Minutes of the
Millcreek City Council
September 12, 2022
5:30 p.m.
Work Meeting
7:00 p.m.
Regular Meeting
The City Council of Millcreek, Utah, met in a public work meeting and regular meeting on
September 12, 2022, at City Hall, located at 3330 S. 1300 E., Millcreek, UT 84106. The meeting
was live streamed via the City's website with an option for online public comment.
PRESENT:
Council Members City Staff
Jeff Silvestrini, Mayor John Brems, City Attorney
Silvia Catten, District 1 Elyse Sullivan, City Recorder
Thom DeSirant, District 2 Mike Winder, City Manager
Cheri Jackson, District 3 Francis Lilly, Assistant City Manager
Bev Uipi, District 4 (electronic) Kurt Hansen, Facilities Director
Laurie Johnson, HR-Finance Director
Rita Lund, Communications Director (electronic)
Robert May, Long Range Planner
John Miller, Public Works Director
Attendees: Ben Horsley (electronic), Rick Hansen, McKeru'ia Tupa'i, Pam Roberts, Alien
Sowards, David Wright, Marv Poulson, Robert & Jill Percial, Garth Steck, Ted Sterling, Allen
Hewitt, Sandra Allen, Marybeth Caru'ion, Thomas Wahl, Roger Upwall, Glen Alleman, Mark
Cluff, Jerry Graham, Laura Johnson, Toni Rasmussen, Ken Rasmussen, Kyle Meadows, John
Heruikson, Olivia Sisti, Art & Janet Lauritzen, Martin Prier, Martin Roguschka, Kim Bouck,
Elizabeth Baum, Daryl Bouck, Lora Brady, Kari Landro, Jennifer Stauffer, Victoria Velasquez,
Dennis Thomas, Jay Stevens, Paul Aldous, Paul Markosian, Lynda Davis, D. T. Adams, Pegasus,
Sheiyl Martin, Sandra White-Domar, Amaryah Cannon, Michael Taru'ier, Marie Newman, Dave
Johnson, Marie Newman, John Adamson, Thomas Helme, Chief Steve DeBry
WORK MEETING - 5:30 p.m.
TIME COMMENCED - 5:31 p.m.
Mayor Silvestrini called the meeting to order.
Council Member DeSirant moved to reorder the agenda and have item 2 go first. Council
Member Jackson seconded. Mayor Silvestrini called for the vote. Council Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes,
Millcreek City Council Meeting Minutes 12 September 2022 Page 2 of 11
Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed
unanimously.
2. Wasatch Front Waste and Recycling District (WFWRD) Report; Pam Roberts, General
Manager
Pam Roberts noted a food waste collection piloted by Momentum Recycling that started in June
and had 281 subscribers. She was unsure if the district would sponsor it. Mayor Silvestrini asked
if it would be a voluntary subscription service. Roberts said yes, it was currently only offered in
East Mill Creek and Canyon Rim. She did not know if it would open to the whole city. Roberts
introduced Mckenna Tupa'i, Sustainability Coordinator, to the Council. Tupa'i reviewed the
education and outreach she had done for recycling and reported that 2,105.49 curbside recycle
tonnage had been collected from January-July 2022. Millcreek's contamination rate was 1 7.77%.
Mayor Silvestiini asked what was causing contamination. Tupa'i said mostly plastic bags.
Roberts reviewed the seasonal container reservation program which would continue with the
limited number of containers being placed in resident's driveways instead of on the street. This
was due to being short on drivers. In 2022, they delivered 1,761 containers in 21 workdays with
368 reservation requests that could not be accommodated. The district sei'vices 15,540 homes in
Millcreek. In 2023, Roberts will be requesting three more drivers, a fulltime safety emergency
coordinator, and a data support person. In 2019 there was a staff shortage, so the district was able
to absorb increased costs for recycling. Roberts noted it was still cheaper to pay for recycling
than to dump into the landfill. Roberts reviewed the cost increases since 2018 with wages, fuel,
maintenance, disposal fees, and recycling. Council Member Uipi provided an electronic
comment asking about CDL driver retention. Roberts said competing salaries was an issue. She
noted that trash collection was the sixth most dangerous job in the nation. The WFWRD Board
had discussed needing a $2.50 per month increase for 2023 (from $17 to $19.50). Mayor
Silvestrini noted tliat with $19.50 a month, people would get their trash picked up for less than
$5 a week.
1. Granite School District Population Study; Ben Horsley, Chief of Staff
Ben Horsley showed the council the population studies being conducted via the Granite School
website. The Van Winkle/700 East Corridor study impacted Millcreek. Granite School District
had lost 8,000 students over the last decade. The district had concerns with small elementary
schools, schools with less than three teachers per grade. He reviewed a list of concerns with
small schools which consisted mainly of a lack of resources. The district made a commitment in
2017 bond to rebuild needed schools. There were nine schools in the area of study that were
studied with 3,300 students. By closing three schools, it would provide the 550-student average,
3 teachers per grade, the district was seeking. He presented the three options the district would be
considering for the tmee school closures. All the options included closing Twin Peaks and
Spring Lane. One option had Moss closing, one had Lincoln closing, and the third had Mill
Creek (located in Millcreek) Elementary closing. Horsley presented a table with a summary of
numbers for the nine schools, the lower the number, the worse the score. Spring Lane was the
worst facility. The numbers were based on last year's enrollment. The district would update
population numbers with the current year. The district wanted to see all schools in the 550+
student range. He showed the council the maps of the elementary school boundaries and where
the closed school populations would redistribute with the associated busing options. The district
board would make the final decision in December 2022.
Millcreek City Council Meeting Minutes 12 September 2022 Page 3 of 11
Council Member Jackson asked what the criteria was in making the decision. Horsley said each
boundary study each year had different goals. This was fiscally prudent and would better serve
the students. The district allocates resources based on the number of students. Council Member
Jackson requested that the neighborhood east of Brickyard not go to Rosecrest if Mill Creek
closed because they identified more with the students to the west as she learned from the recent
council boundary redistricting. She asked about the new housing development projections in the
area being factored in. Horsley said they were considered, and they were not seeing families with
elementary school aged students in those developments. Council Member Jackson questioned the
long bus ride to Lincoln Elementary for students if Mill Creek closed. Horsley reviewed the
proposed bus routes. Council Member Jackson said the Mill Creek students benefited from the
Promise Program and was concerned about the students losing the benefits. Mayor Silvestrini
hoped school officials would be receptive to these programs. Horsley appreciated the partnership
with the city. Council Member Catten asked about special prograinining, such as Title 1, going
away in closed schools or if the other schools would take those programs on. Horsley said Title 1
and other programs would be reanalyzed and reallocated.
Mayor Silvestrini requested Horsley come back in front of the council. Council Member
DeSirant expressed concern from residents about losing the Spanish dual immersion program at
Mill Creek Elementary.
3. Proposed Community Garden/Foothill and Canyon Overlay Zone (FCOZ)
Considerations at 4661 S. Ledgemont Drive; David Wright
David Wright, 4661 S. Ledgemont Drive, said he was not looking to do a community garden but
use his property for a personal agricultural garden. Mayor Silvestrini said there were challenges
to tlie FCOZ zone. Mayor Silvestrini said Wright's property did not comply with the existing
zone because it was not properly subdivided and had a significant slope. The council would rely
on the recommendations from the community council and Planning Comi'nission. He said to
change the whole ordinance to satisfy one lot would be tough. Wright said his property was a lot
of record. His goal was to find a solution for using the lot. Mayor Silvestrini requested Wright
continue to work with staff and offer the city a concrete proposal. Francis Lilly said there needed
to be proof for a lot of record first. If it was not a lot of record, a slope waiver in that zone was
not an option. Mayor Silvestrini echoed Lilly's recominendation.
4. Planning Matter First Reading: GP-22-001, General Plan Amendment - Moderate
Income Housing Element; Robert May, Long Range Planner
Mayor Silvestrini said under state law, H.B. 462, the state had offered more options for moderate
income housing and tied state funding to cities having appropriate moderate income housing
plans. The more cities implement, the higher priority they get for funding. Robert May said the
2019 General Plan already highlighted goals and strategies, but the city needed to add
implementation and a timeline for achieving the goals. The city needed to choose at least six
strategies for priority state funding, but he proposed nine. May noted the Planning Commission
would be reviewing the application the following week, then it would come back to the council
for final approval. He briefly outlined several of the proposed strategies, implementation actions,
and goals. He noted that he tried to keep the wording vague for flexibility. One of the nine was
adopting a station area plan for the nearby transit stations in conjunction with neighboring cities.
May noted that the community councils were concerned about reducing or waiving commercial
requirements and dealing with accessory dwelling units in some of the strategies.
Mfflcreek City Council Meeting Minutes 12 September 2022 Page 4 of 11
Mayor Silvestrini indicated it was important that Millcreek be progressive to put forward
proposals for affordable housing in all areas of tl'ie city. Affordable housing was not low income,
but 80% average median income. He felt it was important to be leader to be able to receive
funding. Millcreek already had a good reputation, and the mayor was interested in pursuing as
many of these options as possible. Council Member Catten noted she was not against
implementing strategies, but felt it needed to be on a case-by-case basis, not blanket strategies.
Council Member DeSirant noted that schools were closing because there were not enough kids,
so liaving affordable housing would invite more families to the city. May said the city had to
adopt something by October 1, 2022. Mayor Silvestrini worild like to see incentives for owner-
occupied projects.
5. Staff Reports
There were no reports.
6. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items
There was none.
Council Member Jackson moved to adjourn the work meeting at 6:48 p.m. Councn
Member DeSirant seconded. Mayor Silvestrini called for the vote. Councn Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes,
Council Member Uipi voted yes, and Mayor Snvestrini voted yes. The motion passed
unanimously.
RF,GULAR MEETING - 7:00 p.m.
TIME COMMENCED: 7:01 p.m.
1. Welcome, Introduction and Preliminary Matters
1.1 Pledge of Allegiance
Mayor Silvestrini called the meeting to order and led the pledge of allegiance.
1.2 Public Comment
Marv Poulson, 3631 Carolyn Street, said 3.5 years ago there was a meeting at Villa
Theater to discuss the Mountair streetscape. Every historic lilac bush on that strip had
been destroyed. He felt the plants could have been saved. He showed pictures of failing
sprinklers in the new streetscape. He said half of the water was being wasted. The plants
were stressed and not planted appropriately.
Ted Sterling, 4105 S. 700 E., said he had a special needs granddaughter that rides the bus
and people speed and do not stop for the bus. He wanted to know what the council would
do about it. Mayor Silvestrini suggested he contact Chief DeBry.
Michael Tanner, 1555 E. 3900 S. #107, said most people could not afford their own
apartment. He felt that some new apartment developments would be rented out as a short-
term rentals. He would like double renting addressed.
Millcreek City Council Meeting Minutes 12 September 2022 Page 5 of 11
Marie Newman said she was hit by a car on 900 E. in 2016. She was tired of speeding
cars and asked how to make people responsible for driving. Mayor Silvestrini said
everyone sped, but the cops were patrolling and writing tickets to slow them down.
Council Member DeSirant acknowledged the problem and felt there needed to be
increased patrols.
Lynda Davis, 4379 S. Winder Farm Place, asked about missing sections of sidewalk on
1500 E. between 3900 S. and 4500 S. She said it was dangerous for kids going to school.
Mayor Silvestrini would love to be able to build sidewalks where they were needed. The
council had recently been able to connect sidewalks on 3300 s., 700 E., and in other areas
that were routes to schools. Sidewalks were a priority for the council but there were other
priorities too that cost money. He suggested that Davis speak to her community council
to get the sidewalk request on their list of project recommendations to the council.
Amaryah Cannon, 1214 Levon Drive, said the Granite School District was conducting a
population study and were considering closing Mill Creek Elementary School. Her kids
attended that school and she wished for the council's support in keeping it open. Mayor
Silvestrini said the council did not get to decide the issue, but they would hate to see it
close too.
Dave Johnson, 2812 Loran Heights Drive, asked if the roundabout at 2300 E. was under
the purview of the city. He said there were sprinklers there that were not working, and it
was a waste of money. Council Member Jackson said the city did not own the property
when the project went in, but the council was working to address the issue.
2. Financial Matters
2.1 Public Hearing on Consideration of a 6% Municipal Energy Sales & Use Tax
Mayor Silvestrini said the council did not want to raise taxes as taxpayers. The council
had a responsibility to provide services to the community. He explained the need for the
fee increase and reasons why other funding sources could not be utilized. There were
continual requests for sidewalks, traffic calming, and street improvements. This past year,
the city was faced with a 9% inflation and a salary war among police agencies. Unified
Police Department (UPD) was faced with the need for a salary increase. A neighboring
city was short 50 police officers, so other area departments raised their police salaries to
be able to maintain existing officers. The council had determined to provide the same
level of police service the city current maintained. An option to cut back officers would
increase response times and reduce services. The city was lean, most employees
performed more than one job. He acknowledged, for example, that there was state
mandated response time on building peri'nit applications, so staff was necessary to limit
mistakes. Millcreek Common and City Hall were being built by bonds and tax increment
in the area would pay back the bonds. The bonds must be used for what they were
proposed for. The interest rates on the bonds were about 2%. The city hall lease would
expire next year, which was only at 1/3 of the market rate. The city would pay three times
as much on rent at a new location. The police department also leases their building. The
street repair projects are largely funded by grants and that money cannot be used for other
projects. The city has restricted funds, and the only flexibility was with sales tax dollars.
Millcreek City Council Meeting Minutes 12 September 2022 Page 6 of 11
The mayor said the city had always paid for police services with property taxes.
Residents used to pay tl'ie Salt Lake Valley Law Enforcement Service Area (SLVLESA).
If Millcreek residents had remained in SLVLESA, their property taxes would be even
higher. The council considered all scenarios to pay for the 20% contract increase for
police services. All property taxes collected pay for police, nothing else. The council said
a 20% property tax increase was too much for residents to bear so they considered other
options. Millcreek had not needed a franchise tax until now. Millcreek was the only city
in the county that did not charge one. Few cities in the state did not collect it. The
franchise tax covers police service users that do not pay for the service through property
taxes, like schools, churches, credit unions, and non-profits. The council decided to
implement a small property tax increase this year (4.57%) and a franchise tax (6%) to
make up the difference. He noted that other cities had raised tlieir property taxes
significantly more than Millcreek had. The council looked at the budget and made cuts
where tliey could be made. The council was elected by the residents to make hard
decisions.
Laurie Jomson said the FY 2021-22 UPD contract was $12,825,268 and for FY 2022-23
it was $15,333,735, a 19.56% increase. UPD conducts an annual compensation study and
last year it was ranked 6fll compared to other cities in the county. Johnson said the council
needed to give a salary increase in November 2021 and that funding came from Fund
Balance. She broke down the expenses for the contract cost difference and highlighted
the annualization of the November 2021 increase, a 5% cost of living adjustment, and
additional shared expense costs. Mayor Silvestrini said Unified Police was complicated.
The city gets 61 police officers in the Millcreek Precinct. The reason the city participates
with them is that the city gets shared resources with other cities like a SWAT team, a
firing range, a forensics lab, the human resources function, crossing guards, a legal
department, a finance department, k-9s, heavy equipment for special operations, and
evidence and records. The Millcreek Precinct was not the sole recipient of the increase.
Johnson said within the UPD budget, if Millcreek does not spend all of its contract, a
fund balance or reserve is saved up. The existing UPD fund balance of $1.3 million was
spent this fiscal year to cover the increased fee, but the city was still$l.5 million short in
covering costs. The options considered to fund UPD were a property tax only (would
require a 14.5% increase over the next three years), an energy sales and use tax only
(creates a deficit in FY24), and various combinations of the two. The council adopted a
minimum property tax increase, half year of energy sales and use tax, use of UPD Fund
Balance, and use of General Fund, Fund Balance. The city reviewed multiple scenarios
and this solution was a combination of every tool. Johnson said the city had paid every
dollar of the UPD contract with property tax; not one dollar of property tax had been
spent on anything else. Within the city's fund balance, there was extra property tax
revenue not used on the contract that was put towards this year's contract cost, $234,000.
She illustrated the expenses and revenue sources in figures for FY 2021-22, FY 2022-23,
and FY 2023-24.
Johnson noted that different factors may affect the energy sales and use tax: fuel prices,
weather patterns, more energy efficient properties have lowered energy usage, and a very
low growth rate from year to year. She provided an example of what an average
Millcreek residence would pay with the franchise tax, and it amounted to $93.80 a year.
Millcreek City Council Meeting Minutes 12 September 2022 Page 7 of II
Council Member DeSirant moved to open the public hearing. Council Member Catten
seconded. Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Jackson voted yes, Councn Member Uipi
voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously
Laura Johnson, 2812 E. Loran Heights Drive, acknowledged the council's efforts in
keeping costs down. She noted people were hurting from inflation. She asked if the
franchise tax would be removed if it was no longer needed. Mayor Silvestrini would love
to cut taxes and maintain services.
Kari Landro, 4784 0ak Terrace Drive, asked about a program to assist elderly on fixed
incomes. Mayor Silvestrini said there was a circuit breaker program provided through the
County.
Glen Alleman, 2467 Pioneer Circle, appreciated the presentation. He asked why the
notice for the meeting was sent out last minute. The mayor said it was difficult to
communicate to residents via mail. The meeting was noticed in the electronic newsletter
weeks ago.
Marie Newman asked if residents could volunteer with the police. Mayor Silvestrini did
not want to put residents in danger but encouraged people to be involved with
neighborhood watch and to say something if they see something. Council Member Catten
noted crossing guards were always needed.
Kyle Meadows, 2895 S. 2870 E., said that he had experience with budgets. He suggested
postponing services, and not provide salary increases or promotions. The city should
budget like a business; do not spend when you do not have the money.
Thomas Wahl, 1254 E. Pondoray Circle, said by 2030 people would own nothing. The
trend on energy consumption was going up. He felt residents were taxed too much. He
asked about the reasoning behind the 6% increase. He asked about a water tax. Council
Member Jackson pointed out that water was not being taxed.
Allen Hewitt, 4408 S. 1500 E., did not like that Millcreek was a city. He felt it was
adding another layer of government. He felt the services provided by the county
previously worked better than what the city provides.
John Adamson, 3098 Metropolitan Way, asked about the 6% energy tax calculation.
Mayor Silvestrini said there were about 20,000 homes in Millcreek and not everyone paid
the same amount for utilities. Adamson presented the council with energy consumption
percentages and projections, and energy prices.
Paul Aldous, 2358 Lambourne Avenue, asked if any other options were still viable. His
family suffered with their family business during the pandemic and with residential break
ins. Police officers were not paid enough, but he felt it was time to tighten the city's belt.
Millcreek City Council Meeting Minutes 12 September 2022 Page 8 of 11
He wanted other resources utilized. He would rather have a parking lot than Millcreek
Coininon.
Kim Bouck, 1268 Ash Tree Cove, said asked about $1.3 million one-time money that
would be used for ongoing expenses and asked how it would be made up the following
year. The mayor noted that the energy tax would only be collected for six months during
tlie current fiscal year, and then the full twelve montl'is the following year. The best
estimate for an additional increase in property tax next year would be under 3%.
Martin Prier, 3137 Dorie Street, said he understood inflation but felt increased assessed
property values should cover the inflation. Mayor Silvestrini explained that property tax
was a multiplication problem, the assessed valuation times the tax rate. The city did not
get more money when property values go up. The tax rate goes down when assessed
values go up. The city tells the state how much money is needed, and a tax rate is
calculated to provide that amount based on the assessed value of all the property in in the
city. The state adjusts the tax rate each year, so the amount is the same. Millcreek's tax
rate went down compared to last year. The only way the city gets more money is by
raising property taxes through the truth in taxation process, which the city did in August
2022. Property taxes can come up when property value goes up, because it is compared
with other properties. Properties were worth more in Millcreek than in other cities. He
offered to sit down with residents to explain the calculation. The same dollar amount is
provided to the city regardless of property assessments. Taxes are not governed by the
city, but the county and state. Millcreek is not the only taxing entity that raised taxes. The
tax notice shows all the line items of taxes collected from all the taxing entities.
Dave Johnson, 2812 Loran Heights Drive, asked about philosophies for how department
heads manage their budgets. Mayor Silvestrini said the council and executive staff meet
every year to discuss budget priorities and planning strategies. Laurie Johnson said the
budget was a zero-based budget that started over every year. Unspent money went into
fund balance. Dave Johnson said the state budget was spend or lose it.
Mayor Silvestrini said the city council had been discussing this issue for months and had
recently received emailed comi'nents from Corbin Tanager, John Adamson, Cheryl Asper,
David Anderson, Karen Pryor, Matthew Kirk, Craig Romero, Clark Caldwell, Andrea
Dodas, Paul Markosian, Shauna Greenwood, Rock Simpson, Richard Mingo, Matthew
Wallace, Randall LaLonde, Sarah Inwood, Kathy Blake, and Mark Wright, and had
received phone calls from Lloyd, Mr. Miller, Hans Ahrens, Dick Arnor, and Paul Hunter.
He noted that all emailed comments were circulated to the whole council. Council
Member Jackson pointed out that the community councils had also been discussing the
issue.
John Adamson, 3098 Metropolitan Way, asked about the rainy-day fund. He was
concerned about the city center being built on the fault line. Mayor Silvestrini said the
fault line nins through Millcreek Common, which is a plaza, not a building. Modern
geology says that buildings can be built a certain distance away from the fault line given
the types of soils that are present there. Some geologists say it is better to be closer to the
fault line away from the liquification that would take place in the valley. The surrounding
Millcreek City Council Meeting Minutes 12 September 2022 Page 9 of 11
buildings, especially city hall which would operate as the emergency operations center
during an emergency, would be built to a higher earthquake standard.
Elyse Sullivan mentioned that additional emails had been received since the meeting
started from George Chapman, Chip Spencer, and Craig Hackett.
Thomas Helme, 2444 E. 3225 S., expressed gratitude that Millcreek was a city and
thought the city was doing a great job. He said the franchise tax was fairer since those
using police services would have to pay for them. He was excited for the new city hall
and was proud of the city. He asked about those who use solar panels who had smaller
utility bills being able to contribute. Mayor Silvestrini said that issue had not yet been
considered. Helme asked about providing donations. Mayor Silvestrini recoinmended that
any contributable donations to the city be given to the Millcreek Promise Program to help
underserved kids.
Council Member Jackson moved to close the public hearing. Council Member DeSirant
seconded.
Chief Steve DeBry welcomed the public to meet with him about the delivery of police services.
Mike Winder, City Manager and Economic Development Director, also offered to meet with the
public about economic development. He was proud of the setup of Millcreek Comi'non in a
community reinvestment area so that increased tax increment for property being paid by the
developers would pay off the city bond, the half million Outdoor Recreation Grant from the state
to pay for the skating loop, and the quarter million grant to pay for the climbing wall on the new
city hall. The city was being creative with 'funding and not using General Funds. The city was
trying to be frugal, hence the existing city hall being housed in an abandoned strip mall.
Mayor Silvestrini called for the vote. Council Member Catten voted yes, Council Member
DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes,
and Mayor Silvestrini voted yes. The motion passed unanimously
3. Business Matters
3.1 Discussion and Consideration of Ordinance 22-40, Amending Section 2.22.170 of
the Millcreek Code of Ordinances with Respect to Disposal of Personal Property
and Other Related Matters
John Brems said this ordinance would amend code to provide an additional provision to
the surplus of property to detennine the highest and best economic return to the city. The
option would be to add, "public policy factors identified by the council." The current rule
was to go with the highest bid, but this would provide an alternative if tliere was a reason
other than dollars.
Council Member Jackson moved to adopt Ordinance 22-40, Amending Section 2.22.170 of
the Millcreek Code of Ordinances. Council Member Catten seconded.
Council Member DeSirant asked what other reasons would be. Brems said public policy reasons
determined by the council. Mayor Silvestrini said there i'nay be a reason that a charitable
organization may need property, for example, for use with the Promise Program.
The Recorder called for the vote. Council Member Catten voted yes, Council Member
DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi voted yes,
and Mayor Silvestrini voted yes. The motion passed unanimously.
Mfflcreek City Council Meeting Minutes 12 September 2022 Page 10 of 11
3.2 Discussion and Consideration of a Settlement Agreement with Tyler
Technologies, Inc.
John Brems said Millcreek had an agreement with Tyler Technologies, Inc. for building
pen'nit software. The city paid approximately $250,000 and Tyler Technologies had
requested $150,000 more. The city was not satisfied with services rendered and filed a
lawsuit to obtain the funds back. There was a mediation, and the best result was for both
parties to cut their losses since bringing lawsuit to judgement would not yield a high
enough differential. Mayor Silvestrini explained that the city selected the software based
on promises that the so:ttware would fit the city's needs and Tyler Technologies was not
able to deliver on those promises. The city sought to end the contract after Tyler
Technologies tried to fix the problem multiple times without effective results.
Council Member Uipi asked that due diligence be better when selecting proposals for
contracted services. She suggested looking at models from other cities. Johnson said
Tyler Technologies had been in business for awhile and other cities were looked at. A
fori'ner employee did the initial analysis of tlie software, which was not thorough enough.
Johnson said committees were now used to select proposals. The city used other products
with Tyler Technologies and staff was pleased with those.
Council Member Jackson moved to approve the settlement. Council Member DeSirant
seconded. The Mayor called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Jackson voted yes, Council Member Uipi
voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously.
4. Reports
4.1 Mayor's Report
Mayor Silvestrini said Millcreek would be hosting an emergency overflow homeless
shelter at the old Calvin Smith Library site owned by Salt Lake County. Switchpoint
would operate the shelter. It would be open for 200 days over the winter, October to
April, to house unsheltered people. There would be a neighborhood meeting to discuss it
on September 15I11. The main population would be selected from the other shelters and
transported to and from the facility every night and morning. There would be temporary
restrooms set up. No meals would be served there. The state appropriated mitigation
funding to assist the city, approximately $400,000. This would assist in hiig an extra
police officer for the area and retaining a firm to do cleanup around the facility. The
mayor had the ability to veto the facility, but he thought it was a good thing to host it.
About half of the comments he had received on the matter had been positive.
Homelessness was a statewide problem.
4.2 City Council Member Reports
Council Member Jackson reported she had attended the community council meetings.
The Corninunity Renewable Energy Board would provide a draft ordinance and utility
agreement for the council to review. Council Member Catten said the Jordan River
kicked off the "Get to the River" initiative in September. Winder noted that 650 pounds
of trash was removed from the Jordan River at a cleanup event held the prior weekend.
Council Member Uipi said prior owners of David Wright's property had tried to develop
it. The Mt. Olympus Community Council voted to not recommend his proposal.
Millcreek City Council Meeting Minutes 12 September 2022 Page 11 of 11
4.3 Staff Reports
John Miller said the Utah Department of Transportation (UDOT) did a bridge inspection
on the pedestrian bridge over I-215 and Wasatch Blvd. They discovered a crack in the 52-
year-old bridge. The crack was in the bottom and middle of the beam. The bridge needed
temporary shoring. He would meet with UDOT on recoinmendations. The west side of
the bridge is in Holladay and the east side is in Millcreek. Council Member Jackson
asked if it was safe for students to use. Miller said he was not told that it was unsafe, but
it would still be fixed. Wasatch Blvd. would be closed for the temporary shoring. He
would keep the council updated.
5. Consent Agenda
5.1 Approval of August 22, 2022 Regular Meeting Minutes
Council Member DeSirant moved to approve the minutes from August 22, 2022. Council
Member Catten seconded. Mayor Silvestrini called for the vote. Council Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes,
Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed
unanimously.
6. New Items for Subsequent Consideration
There were none.
7. Calendar of Upcoming Events
* Historic Preservation Coinmission Mtg. 9/14/22 at 6:00 p.m.
* Plaru'iing Cornrnission Mtg. 9/21/22 at 5:00 p.m.
* City Council Mtg. 9/26/22 at 7:00 p.m.
8. Closed Session per Utah Code Ann. §52-4-205(d) and (e)
Council Member Jackson moved to go into closed session per Utah Code Ann. §52-4-205(d)
strategy sessions to discuss the purchase, exchange, or lease of real property and (e)
strategy sessionsto discussthe safeof real property at 9:14 p.m. 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, Council Member Uipi
voted yes, and Mayor Silvestrini voted yes. The motion passed unanimously.
ADJOURNED: Council Member Jackson moved to adjourn the meeting at 10:00 p.m.
Council Member Catten seconded. Mayor Silvestrini called for the vote. Council Member
Catten voted yes, Council Member DeSirant voted yes, Council Member Jackson voted yes,
Council Member Uipi voted yes, and Mayor Silvestrini voted yes. The motion passed
unanimously.
Jeff Silvestrini, Mayor
Date
[0-iD,78>2z
Attest: Elyse' S , City Recorder
Get email alerts for Millcreek
A daily email when new agendas and minutes are posted.