11/28/16 Council-Elect Minutes

 Minutes of the Millcreek City Council-Elect Meeting

Monday, November 28, 2016

3932 South 500 East


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

The session began at 3:10 p.m.


The Council took turns interviewing with a videographer for the commemoration video.

Inauguration Celebration.

The Council discussed the inauguration celebration.  A decision was made to hold the cele­bra­tion at Wasatch Jr. High instead of the Millcreek Community Center because of the number of events already scheduled at the Center.

Ms. Jackson agreed to take charge of planning the event.  The Council agreed to a budget of $8,000, and Mr. Marchant and Mr. Silvestrini agreed to approach local businesses to request contributions toward that amount.  A private individual has agreed to fund any shortfall, so the celebration will be at no cost to Millcreek.

A break was taken at 4:50 p.m.


Mr. Silvestrini called the work session to order at 5:04 p.m.

Township Services’ proposed MSD budget.

Mr. Silvestrini gave a report on the County’s Township Services’ proposed budget for the MSD.  The MSD will be tracking revenue and expenses for the municipal townships and for Millcreek.  Current projected sales tax revenues for Millcreek at $9,162,819, which is more than the roughly $8 million projected by the Governance Committee.  Including road funds, Township Services’ total projected budget for Millcreek is approximately $11.5 million.  Revenue for building permits was not included in the report.  Expenses are projected at $10,389,767.

Telephone system.

Millcreek resident Glen Worthington and Cottonwood Heights treasurer David Muir gave a report of their investigation into telephone systems.  Cottonwood Heights donated a usable telephone system to Millcreek.  There are 50 handsets.  It is likely that wiring for the telephone system is already in the building.

Mr. Worthington gave the Council a comparison of costs between First Digital and Century Link.  First Digital’s monthly cost is $355, with a 36-month commitment.  Century Link’s monthly cost is $380, with a negotiable time commitment.  Both will charge for installation. First Digital will delay billing until March 2017.

Installation can start now so that the system is up and running by January 3rd.

MOTION made by Mr. Marchant to accept the First Digital proposal.  Ms. Catten seconded.  The motion passed unanimously.

Recording system.

Ms. Catten indicated that for the time being she will bring in her personal equipment to record public meetings.  Many cities have YouTube channels.  Once the City gets the website up and running, videos of public meetings can be posted there.

Business license letters, signage and stationery.

Ms. Uipi reported that Rolen Yoshinaga, the County’s Development Services director, has said that the County will send out future renewal notices on Millcreek letterhead; we just need to get our graphics to him.  Renewal notices have already gone out for those licenses that must be renewed in December 2016.  The County is willing to resend them if Millcreek wants to pay the postage.  The consensus of the Council was to not resend the notices, as it would be confusing to the public.  Ms. Uipi will take charge of ensuring the notices for the renewals due in January 2017 advise business owners that Millcreek is now collecting the fees.

Mr. Worthington suggested that animal licensing fees be handled the same way.  Ms. Uipi agreed to contact the County to set up the same procedure.

Ms. Uipi reported that she has not received any quotes back yet for stationery and signage, probably due to the holiday.

MSD Feasibility Study.

Mr. Silvestrini explained that only response had been made to the RFP for the MSD Feasibility Study.  Lewis Young’s proposal tracks what is required by statute and also the additional tasks set forth in the RFP.  They will deliver their report in April 2017.  The bid was just over $29,000.

Mr. Silvestrini indicated that a part of the negotiations with Lewis Young is that they will have to wait to be paid until revenues start to come to the City.

Attorney John Brems has drafted a resolution that authorizes Mr. Silvestrini to negotiate with Lewis Young.

MOTION by Ms., Jackson to approve the resolution authorizing Mr. Silvestrini to negotiate a contract with Lewis Young. Seconded by Ms. Catten.

Mr. Silvestrini opened discussion of the motion to the public.

Millcreek resident JoAnn Wong said she has met with members of the County’s crew that currently provides snowplowing and street maintenance to Millcreek.  She recommended that Millcreek keep that crew.

Mr. Silvestrini agreed with Ms. Wong, and said that Millcreek has not only that great crew, but also the resources of the County’s entire department.  The RFP has asked Lewis Young to compare the costs of staying in the MSD, self-providing services by contracting with the County, or self-providing services by contracting with third parties.

Mr. Marchant reported on the recent praise made by a local resident of the County’s work on 9th East between 33rd and 39th Souths.

Mr. Silvestrini closed the public comment period.

The motion passed unanimously.

Job descriptions.

Mr. Silvestrini said that the City needs a city recorder/administrative person, who can prepare agendas and minutes, and can answer phones.  We don’t need a city manager right away.

Ms. Uipi suggested that the job description for office facilitator was more accurate for what we currently need.  That description can be posted as soon as tomorrow on the League of Cities and Towns website, as well as with Salt Lake City.  It would be a volunteer position, or compensation to be deferred, with mostly clerical work.  Ms. Uipi agreed to follow-through on advertising for an office facilitator.

Mr. Silvestrini introduced Mr. Brems, who explained his qualifications for providing attorney services to Millcreek.  Among those qualifications, Mr. Brems is the acting city attorney for Herriman.  He sees no conflicts, for the cities for which he currently also provides services do not have adjacent boundaries.  He has been on Millcreek’s Governance Committee since last spring.  He has been doing much of the necessary legal legwork, drafting documents, reviewing ordinances, and meeting with Mr. Silvestrini and others regularly.

The contract Mr. Brems has proposed runs to June 30th, and is terminable by either party on 30 days’ notice. Mr. Brems will charge $150 per hour.

MOTION by Mr. Marchant to approve the contract with Mr. Brems and to authorize Mr. Silvestrini to sign it.  Seconded by Ms. Uipi.  Passed unanimously.

Procurement policy.

Mr. Brems explained that cities must follow state law if they do not have their own procurement policy.  State law is generally more cumbersome.  He has prepared an ordinance.  It will need tinkering at some point, but generally provides for the following:  Expenditures up to $2,500 can be approved by the mayor.  Between $2,501 and $5,000, three written quotes must be obtained and the signatures of the mayor and one other council member are required.  Expendi­tures over $5,000 require an RFP.  There is a list of exceptions in the ordinance.  Mr. Brems explained that other cities have higher limits, e.g., Cottonwood Heights’ is $3,000 and $25,000.  He suggested the lower limits because Millcreek is new and probably wants to keep tighter control on the finances.

Mr. Brems explained several other features of the proposed ordinance, and answered questions from the Council and from members of the public.

After some discussion, the Council agreed that the proposed limits of $2,500 and $5,000 were advisable at the outset of the City, and that they could be adjusted later if future experience showed that was necessary.

Proposed ordinances.

Millcreek Township planning commissioner John Janson explained that he had, as a part of the Governance Committee, made an effort to revise County ordinances to be adopted by the City on incorporation.  He explained that he is not an expert of many of the issues covered by the ordinances, and the Council will want others to review and update them as we go along.  He noted in particular that the zoning ordinance is quite dated.

Mr. Silvestrini thanked Mr. Jansen for his work.  He explained to the Council that there are many other issues that need to be revised before the ordinances are ready to be adopted.  He and Mr. Brems will continue to work on the draft.

Mr. Silvestrini and Mr. Jansen explained that the Millcreek Township Planning Commission has been working on several zoning category revisions, in particular the one that allows for higher density and heights in selected areas.  Those revisions will have to go through a public process after the City is incorporated.

Mr. Silvestrini noted that the City will need to appoint a Planning Commission very quickly.  He has invited current members of the Millcreek Township Planning Commission to apply, and all have expressed their interest in continuing to serve.  Mr. Silvestrini said he would put together an application.  He advised that the City continue the County’s seven-commissioner model, as it makes it easier to ensure a quorum is present each month.

The work session was completed at 7:09 p.m.


            Mr. Silvestrini called the public meeting to order at 7:30 p.m., and led the audience in the Pledge of Allegiance.

Public Comment.

Ms. Wong asked when the Council intended to take public comment on business licensing and planning and development services.  The Council indicated the former would be on December 5th, and the latter on December 12th.  Mr. Silvestrini explained that changes to the planning and zoning ordinances require a Planning Commission hearing.

Ms. Wong asked if applications would be accepted now for the Planning Commission.  Mr. Silvestrini said yes.  A discussion was had by the Council and the public about the desirability of a geographic distribution of planning commissioners throughout the City.

Ms. Wong suggested that a “Welcome to Millcreek” notice be added to the business renewal notices.

Millcreek resident Kyle Taft asked if business code enforcement would be handled by the City.  Mr. Silvestrini explained that the MSD would be handling them for now.

Mr. Silvestrini closed the public comment period.

Agenda Items.

MOTION made by Ms. Uipi and seconded by Ms. Jackson to approve the previously circulated minutes of the November 21, 2016 meeting, with typographical corrections.  Motion passed unanimously.

MOTION made by Mr. Marchant and seconded by Ms. Jackson to ratify the decisions made in today’s work session.  Motion passed unanimously.

MOTION made by Ms. Jackson and seconded by Mr. Marchant to authorize Mr. Silvestrini to find a candidate to appoint for office facilitator.  Motion passed unanimously.

MOTION made by Mr. Marchant and seconded by Ms. Catten to approve a resolution to employ a city attorney and to approve the contract with Mr. Brems. Motion passed unanimously.

MOTION made by Ms. Uipi and approved by Ms. Jackson to approve the resolution to adopt the procurement ordinance, with minor typographical corrections.  After discussion of raising the RFP amount, and rejection of that proposition, the Motion passed unanimously.

Other items:

Discussion of further items that require attention, including:

o   Animal services

o   Meeting with Rolen Yoshinaga and Rick Gram to discuss how the transition will work, and the expectations on both sides.

o   Public communication, including a newsletter, a website, and downloading information from the County website.

o   Obtaining at least $100,000 working funds.

o   Local option sales tax ordinance

o   Cable TV franchise fee

o   Insurance

o   Budget

Discussion of whether the City could coordinate with the community councils to put out a December 2016 newsletter

Update of tasks and assignments from Governance Committee spreadsheet

1 and 2 – Appoint someone to prepare agendas, notices, and minutes.  In progress

3 – Internal policies and procedures for operation of Council-elect and Council.  Mr. Brems.

4 – Procure office space, supplies, services.  Office space and furniture procured, as well as storage space.  Set up furniture in office, Mmes. Catten and Jackson; procure office supplies, Ms. Jackson; procure telephone, utilities and internet, Mr. Silvestrini; procure signage, Ms. Uipi; procure security, Mr. Silvestrini; procure IT services, Mr. Silvestrini.

5 – Resolution to incorporate and meet with Lt. Governor’s office.  Mssrs. Brems and Silvestrini.

6 – Meet with county surveyor.  Mr. Silvestrini

7-9 – Insurance.  Mr. Brems

10 – Federal tax ID number.  Complete

11 and 12 – Establish banking relationship and PTIF account.  Mr. Silvestrini

13 – Start-up expenses and revenue sources, tentative budget, revenue options and timing of tax delivery, documents for adoption of tax resources.  Mr. Silvestrini and Mr. Brems, with Alan Westenskow

14 – Interim financing.  Mr. Silvestrini

15 – Financial advisor services.  Unnecessary at this time

16 – Financial software package, general ledger, chart of accounts.  Ms. Uipi and Mr. Marchant, with help from Mr. Westenskow

17 – Retail outlets – Mr. Muir

18 – Verify road miles within the City — Gilson Engineering

19 – Notify Census Bureau of incorporation — Mr. Brems

20 – Hire required staff — Postpone all but office facilitator at this time.

21-23 – Compensation and benefits packages for elective and statutory officers, and policy and procedures manual.  Postpone at this time.

24 – Moratorium on zoning. Discussion at December 19th meeting

25 – Discuss and determine whether to remain in MSD or to self-provide municipal services.  Part of feasibility study

26 – Discuss and determine whether to remain in MSD or to self-provide criminal prosecution/indigent defense services.  Defer to MSD at this time, for future discussion and decision

27 – Determine and consider need for impact fees.  Postpone discussion at this time

28 – Franchise agreements for cable, as already adopted by County for Millcreek.  Mr. Brems to present at December 19th meeting

29 – Consider municipal energy sales and use tax.  Not at this time.

30 – Consider 1% sales and use tax.  Mr. Brems will present at December 19th meeting

31 – Consider telecommunications license tax.  Not at this time.

32 – Consider adopting seal.  Postpone discussion

33 – Prepare and adopt compilation of ordinances.  In progress.  Mssrs. Silvestrini and Brems.

34 – Create list of boards and commissions.  Done.  Mr. Silvestrini will present at December 12th meeting.

35 – Website.  Ms. Uipi is working with Jay Griffith

MOTION made by Ms. Jackson to adjourn.  Mr. Marchant seconded.  Passed unanimously. Meeting adjourned at 8:45 p.m.