MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801)...

33
7505 South Holden Street Midvale, UT 84047 (801) 567-7200 www.midvalecity.org MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE IS HEREBY GIVEN that the Midvale City Council will hold an electronic meeting on the 30 th day of June 2020 as follows: Electronic City Council Meeting This meeting will be an electronic meeting, without a physical location pursuant to Utah Code 52-4-207, as amended by HB 5002, Mayor Robert Hale as Chair of Midvale City Council hereby makes the determination that conducting the meeting with an anchor location presents a substantial risk to the health and safety of those who may be present at the anchor location. This determination is based upon the fact that the City is unable to ensure compliance with the guidelines and public health protocols mandated by the state’s current risk phase. As restrictions take place across the state for limiting public gatherings, the City wants to make sure everyone interested in participating in City Council Meetings can do so. The meeting will be broadcast on the following links: You Tube: https://www.youtube.com/channel/UCLDszK2kMUHuc3-bV-BBslQ?view_as=subscriber Mixlr and City website: https://www.midvalecity.org/how-do-i/listen-to-public-meetings If you would like to provide public comments, please email your comments to [email protected] or comment on Midvale City’s Facebook page prior to the completion of the public comments portion of the meeting. You may also submit comments if the Mayor and City Council open a specific agenda item to public comment. These comments will be read aloud in the meeting and will be part of the public record. 6:00 PM - SPECIAL MEETING I. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE B. ROLL CALL II. PUBLIC COMMENTS Any person wishing to comment on any item not otherwise scheduled for public hearing on the Agenda may submit their comment via email to [email protected] or on Midvale City’s Facebook page prior to the completion of this portion of the meeting. Items brought forward to the attention of the City Council will be turned over to staff to provide a response outside of the City Council Meeting. III. CONSENT AGENDA

Transcript of MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801)...

Page 1: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

7505 South Holden Street Midvale, UT 84047

(801) 567-7200 www.midvalecity.org

MIDVALE CITY COUNCIL SPECIAL MEETING

AGENDA June 30, 2020

PUBLIC NOTICE IS HEREBY GIVEN that the Midvale City Council will hold an electronic meeting on the 30th day of June 2020 as follows: Electronic City Council Meeting This meeting will be an electronic meeting, without a physical location pursuant to Utah Code 52-4-207,

as amended by HB 5002, Mayor Robert Hale as Chair of Midvale City Council hereby makes the

determination that conducting the meeting with an anchor location presents a substantial risk to the

health and safety of those who may be present at the anchor location. This determination is based upon

the fact that the City is unable to ensure compliance with the guidelines and public health protocols

mandated by the state’s current risk phase.

As restrictions take place across the state for limiting public gatherings, the City wants to make sure everyone interested in participating in City Council Meetings can do so. The meeting will be broadcast on the following links: You Tube: https://www.youtube.com/channel/UCLDszK2kMUHuc3-bV-BBslQ?view_as=subscriber Mixlr and City website: https://www.midvalecity.org/how-do-i/listen-to-public-meetings If you would like to provide public comments, please email your comments to [email protected] or comment on Midvale City’s Facebook page prior to the completion of the public comments portion of the meeting. You may also submit comments if the Mayor and City Council open a specific agenda item to public comment. These comments will be read aloud in the meeting and will be part of the public record.

6:00 PM - SPECIAL MEETING I. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE B. ROLL CALL II. PUBLIC COMMENTS Any person wishing to comment on any item not otherwise scheduled for public hearing on the Agenda may submit their comment via email to [email protected] or on Midvale City’s Facebook page prior to the completion of this portion of the meeting. Items brought forward to the attention of the City Council will be turned over to staff to provide a response outside of the City Council Meeting. III. CONSENT AGENDA

Page 2: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

City Council Meeting Agenda Page 2

A. Consider Minutes of June 16, 2020 [Rori Andreason, H.R. Director/City

Recorder]

IV. DISCUSSION ITEM A. Midvale Police Department Feasibility Study Update [Matt Dahl, Assistant City

Manager] V. ACTION ITEM A. Consideration of Resolution No. 2020-R-27 Authorizing the Mayor to Sign and

Issue Midvale City’s Notice of Intent to Withdraw From Unified Police Department [Kane Loader, City Manager]

VI. ADJOURN In accordance with the Americans with Disabilities Act, Midvale City will make reasonable accommodations for participation in the meeting. Request assistance by contacting the City Recorder at 801-567-7207, providing at least three working day notice of the meeting. TTY 711 A copy of the foregoing agenda was provided to the news media by email and/or fax. The agenda was also posted at the following locations on the date and time as posted above: City Hall Lobby, on the City’s website at www.midvalecity.org and the State Public Notice Website at http://pmn.utah.gov. Council Members may participate in the meeting via electronic communications. Council Members’ participation via electronic communication will be broadcast and amplified so other Council Members and all other persons present in the Council Chambers will be able to hear or see the communication.

DATE POSTED: JUNE 26, 2020

RORI L. ANDREASON, MMC

H.R. DIRECTOR/CITY RECORDER

Page 3: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

COUNCIL MEETING Minutes

Tuesday June 16, 2020 Council Chambers

7505 South Holden Street Midvale, Utah 84047

______ MAYOR: Mayor Robert M. Hale COUNCIL MEMBERS: Council Member Quinn Sperry Council Member Heidi Robinson Council Member Paul Glover Council Member Bryant Brown Council Member Dustin Gettel STAFF: Kane Loader, City Manager; Matt Dahl, Asst. City Manager; Rori

Andreason, HR Director/City Recorder; Lisa Garner, City Attorney; Glen Kennedy, Public Works Director; Laura Magness, Communications Director; Kyle Maurer, Administrative Services Director; Nate Rockwood, Community Development Director; Alex Murphy, Planning Director; Chief Randy Thomas, UPD; Chief Brad Larson, UFA; and Matt Pierce, IT Manager.

WORKSHOP – 6:00 p.m. A. DISCUSS UPD DRAFT FEASIBILITY STUDY Matt Dahl discussed the UPD draft feasibility study with the City Council.

• The contents of this presentation are based on preliminary findings. Some of the details will be refined before the final version of the feasibility study is released.

Process

• Hired Lewis Young Robertson & Burningham, Inc. (LYRB) to prepare Midvale Police Department Feasibility Study– Annual Operations and Startup

• Reviewed data from municipal police departments with a focus on Riverton, Murray, and South Salt Lake.

• Discussed budget implications of withdrawal with representatives of UPD • Interviewed police chiefs and experienced police officers • Prepared preliminary proforma and preliminary police department comparison

data report. Considerations

• Midvale has provided a police department in the past and can provide a police department in the future. The issue is service level and cost.

• Every police department is different.

Page 4: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

2

• The feasibility study is not intended to be seen as an operations plan, rather it is a tool for developing budget estimates. The operations plans would be determined by the City Council, City Manager, and new police chief.

• The feasibility study took a conservative approach to estimating costs. • There will be opportunities to partner with other communities and achieve

additional savings not shown in the feasibility study. LYRB were instructed to assume we would provide all of our own services.

Assumptions

• Staffing: • Officers: 52 - 56 • Civilians PD: 7 - 9 • Civilians City: 3 - 3.5 • Total Staff: 62 - 68.5

• Vehicles: 1 Patrol Car Per Officer with 5 Spares + 3 Motorcycles and additional tactical vehicles

• Capital Outlay: 3,500 s.f. Evidence/Forensics Building • Benefits: Similar to UPD • Salary: Median Salary for Patrol and Detectives

Preliminary Findings Midvale Police Department Budget Estimates

• FY21 Start-Up Cost: $5,000,000 - $7,250,000 • FY22 Budget: $8,100,000 - $8,850,000

Unified Police Department – Midvale Assessment

• FY21 Proposed: $8,891,323 • FY20 Budget: $8,626,752

Preliminary Findings Comparison

City FY20 Budget Sworn Officers Cost Per Capita

Cost Per Officer

Officers Per Capita

Midvale 56 Officers

8,854,656 56 $257 $158,119 0.0016

Midvale 52 Officers

8,093,097 52 235 155,636 0.0015

Murray 13,150,226 76 269 173,029 0.0016

South Salt Lake

10,083,000 86 394 117,244 0.0034

Riverton 5,980,250 35 135 170,864 0.0008

Average 9,737,825 66 266 153,713 0.0019

City 2019 Calls for

Service Cost per Call Calls per

Officer Calls per Capita

Midvale 56 Officers

28,102 315.09 502 0.82

Midvale 52 Officers

28,102 287.99 540 0.82

Murray 42,736 307.71 562 0.87

Page 5: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

3

South Salt Lake

45,527 221.47 529 1.78

Riverton 13,967 428.17 399 0.31

Average 34,077 319.12 497 .99

Preliminary Findings Unknowns Start-Up Cost Finance (5 year term, 4% Interest):

• Principle: $2,500,000: • Annual Debt Service: $552,495

• Principle: $7,250,000 • Annual Debt Service: $1,602,228

UPD Withdrawal Formula: $2,200,000 - $3,300,000 Asset Distribution: Further Discussion with UPD is Required Next Steps Financing: Staff will work on putting together scenarios for financing the estimated startup costs. Continued Refinement: Staff will continue to refine the assumptions in the preliminary findings. (e.g., Salaries, Benefits, leasing). Council Questions: What information would you like added to the final version of the feasibility study? Council Member Dustin Gettel asked about the costs and extra time spent by staff and Council with having our own police department. Council Member Paul Glover expressed concern about liability with if the City’s own police department. Kane Loader said the liability insurance goes up significantly as well as workers compensation. There are some human resources issues. Mayor Hale asked if Code Enforcement was considered in the study. Matt Dahl said yes, that position is included in the study. Kane Loader said he felt the negation with UPD is going well. Matt Dahl said he would bring this back at the next meeting with more details. Electronic signature process** B. DISCUSS CITY PARK PROJECT Kane Loader discussed the city park improvement project with the City Council. Phase 1

• Remodel old Senior Center into a new Community Center

Page 6: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

4

• Construct new pavilion

Phase II

• Demolition of existing bowery and restroom facilities

• Construct new restroom/snack bar/storage facility

• Construct new parking areas

• Resurface existing parking lots • Total parking stalls = 290

• Cemetery of expansion

• 700 new grave sites

Page 7: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

5

Council Member Bryant Brown asked if the sporting leagues would have a place to store their equipment. Kane Loader said yes, a storage area is being provided for them. Council Member Bryant Brown said the parking lot doesn’t’ fill up. He expressed concern with removing green space for a parking lot. Council Member Paul Glover said the residents on Jefferson would like to see more parking because people are parking on Jefferson Street. He also suggested putting trees in the parking lots to look more like a park. Kane Loader suggested working on a process for the City Council to sign documents with electronic signatures. Mayor Robert Hale called the business meeting to order at 7:00 p.m. I. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE B. ROLL CALL - Council Members Heidi Robinson, Dustin Gettel, Bryant Brown, and Quinn Sperry, and Paul Glover were present at roll call. C. UNIFIED POLICE & UNIFIED FIRE DEPARTMENT REPORTS Chief Randy Thomas reported on the department statistics for the month of May. The UPD Award Ceremony with be held outside tomorrow. The awards will be in groups to keep the crowds down due to Covid-19. He shared the officer awards with the City Council. He said the outpouring of support from residents has been overwhelming. It has really helped the morale of the officers. He said Sherriff Rivera has updated the UPD webpage to address the latest issues and reform. Council Member Paul Glover said he has received calls from residents supporting UPD.

Page 8: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

6

Chief Brad Larson reported that seven more staff members have tested positive for COVID-19. They have made immediate adjustments to staff and services to limit contact. He encouraged citizens to look at the map on the UFA website for firework restrictions. They are trying to get the word out to be safe with fireworks at home. The UFA website has great information for safety tips and fireworks at home to avoid injuries. D. PROCLAMATION RECOGNIZING RACISM AS A PUBLIC HEALTH CRISIS Council Member Dustin Gettel and Council Member Bryant Brown read the proclamation into the record. Council Member Quinn Sperry said we don’t condone any type of racism; at the same time, we are not saying that we are anti-police either. We support our UPD and they are doing a good job. Mayor Hale said he would like a second proclamation put together in the future that would support and be focused more for Midvale City to encourage community resolution. Council Member Bryant Brown asked if any of the past proclamations have been amended. Rori Andreason said proclamations in general have been ceremonial and for support. There may have been some proclamations that were changed or re-written. II. PUBLIC COMMENTS Amanda Hollingsworth “I’d like to second Bryant’s thoughts on designing a very thoughtful parking lot. Could we do a track around it? To maximize space? More green islands? With police Costs rising wouldn’t it be prudent to keep the old fire building if we must go back to a Midvale police station?” Candy Tippets “Thanks for listening Dustin! This proclamation is very important to start healing.” Nicole Cunard “I fully support our police, and UPD. What are we doing to care for the people of color in our community who feel scared by everything going on? What is Midvale City's response to the issues facing race? I fully support this proclamation. Unfortunately, there are too many voices that go unheard. I believe this will help give a voice to our communities of color and therefore should be enacted.” Candy Tippets “I would like to specifically thank Council Member Dustin Gettel for listening to my concerns and taking the initiative to begin and write a proclamation.” III. COUNCIL REPORTS

Page 9: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

7

A. Council Member Quinn Sperry – said he had already addressed his issues and had nothing more to report. .

B. Council Member Heidi Robinson – had nothing to report

C. Council Member Paul Glover – had nothing to report D. Council Member Bryant Brown – said he would like to see if the stop signs that face Alta View could be changed so they face Roosevelt? Asked residents to provide contact info when sending emails. E. Council Member Dustin Gettel – expressed appreciation for support from residents on the proclamation issue. IV. MAYOR REPORT Mayor Robert Hale – said there is an alarming rise in our infection rate since Memorial Day in Midvale City. There have been 79 positive cases with 9 hospitalized, and zero deaths. He encouraged everyone to wear masks, social distance, and use common sense. The homeless shelter has taken extreme measures for the residents living there. V. CITY MANAGER REPORT Kane Loader reported that an Executive Order was issues regarding leave extension, sick leave, and a return to work policy. He thanked employees for the way they have handled COVID-19. He said the City has received a TARP grant in the amount of approximately $8,000. These funds will be spent on purchasing coats for all employees. Laura Magness updated the City Council on communications, public meetings, fireworks show, non-city sponsored community events.

Public Meetings • Governor’s Executive order waiving anchor location requirement

• Yellow (Low Risk) Phase

• Limit the number of people in a confined area to enable adequate 6-foot distancing at all times between each household group.

• Green (New Normal) Phase

• “New Normal” still encourages hygiene measures, physical distancing, face coverings, and symptom monitoring for all group gatherings

• Comply with social distancing guidelines to help prevent the spread of COVID-19

• Create opportunities for the public to provide public comment via a variety of sources (phone, text, email, social media, in person)

• Keep the barrier to participation low to encourage civic engagement (access to broadband, language barriers, etc.)

Page 10: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

8

• Ensure the integrity of Midvale City is maintained

• Documenting and archiving public comments

• Address potential security concerns

Public Meetings Recommendations (Yellow)

• Utilize Public Input platform: • City Council continues to meet virtually (If anchor location is required, the

Mayor could be located in Council Chambers.) • Live streaming on the Engagement Hub via YouTube or Facebook • The public can watch meetings online or call in to listen to the meeting live • Ability to submit public comments via text, phone, social media, and chat

(all comments are archived and in one location) • Include a Public Comment education section on Engagement Hub • Limit written public statements to 390 words (3 minutes) • Limit phone message to 3 minutes • Allow in person public comments?

Public Meetings Recommendations (Green)

• Utilize Public Input platform: • City Council meets in Council Chambers (revise dais set up) • Live streaming on the Engagement Hub via YouTube or Facebook • The public can watch meetings online or call in to listen to the meeting live • Ability to submit public comments via text, phone, social media, and chat

(all comments are archived and in one location) • Limit written public statements to 390 words (3 minutes) • Limit phone message to 3 minutes • Allow in person public comments

• Limit seating in council chambers (overflow to Dahl) Council Member Dustin Gettel said he felt the green phase will be difficult to do and there will be challenges. Stay Home, Look Up! Fireworks Show Taylorsville & Bluffdale

• Saturday, June 27 at 10pm • No spectators at fireworks venue • Music broadcast on KODJ 94.1 and Easy 99.1 • Budget (length of show depends on our budget) • Taylorsville paying for the radio airtime and promos ($8,000)

June 18-27 • Script: Taylorsville, Bluffdale and Midvale present a special fireworks show

as a thank you to all those who are keeping our community going amid the COVID-19 pandemic and as a congratulations to the class of 2020

Page 11: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

9

• On-air: (90) 30 second commercials on KODJ, (15) live promotional announcements on KODJ, (160) promotional announcements on both stations

• Digital: (1) Station e-blasts on each station, (3) social media posts on each station, 83,333 audience display banners

• On-Air Broadcast

Community Events Non-City Sponsored • Governor’s guidelines define “Mass Gathering” as 1,000 or more people and

overrides Salt Lake County’s definition (500 or more people) • Community Events are allowed as long as they can follow the Governor’s strict

guidelines • Does the City Council want to allow events at Midvale City Park or other City owned

facilities during the Yellow Phase? The Council agreed that while in the yellow phase, no mass gatherings on City-owned property will be allowed. This can be discussed further when everyone moves to the green phase. VI. DEPARTMENT REPORTS A. COMMUNITY DEVELOPMENT/RDA REPORT Nate Rockwood said the pavement management project has been completed for the spring. ADA project has been completed. SL County has come out with a Small business grant program for businesses that have 100 employees or less. Majority of Midvale businesses are open to some extent. Top Golf opening June 22nd. Golden Corral changing business model to be more of a cafeteria style, opening in July. B. ADMIN SERVICES REPORT Kyle Maurer reported on the Administrative Department. Justice Court May 2020 Cases Filed

• Traffic – 231 (47% decrease) • Criminal – 71 (54% increase) • Small Claims – 27 (39% increase) • TOTAL CASES FILED – 329 (38% Decrease from April 2020)

Cases Disposed

• Traffic – 208 • Criminal – 9 • Small Claims – 29

TOTAL CASES DISPOSED – 246 (47% Decrease from March 2020) UPD conducted motor certification and re-certification for traffic officers in May.

Page 12: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

10

Justice Court/Information Technology Justice Court

• Developing plan to allow in-person hearings. • Initial checklist sent by state; most likely will be revised before final checklist is

issued. • Plan will need to be approved by the state.

Information Technology

• Updated Caselle system to May release. • Performed network maintenance/VPN updates in conjunction with Caselle update. • GIS server upgrades.

Utility Billing/Customer Service A/P May 2020 Utility Billing

• Number of Accounts Billed – 8,085 • Number of Xpress Bill Email Notifications – 4,683 • Number of Xpress Bill Text Notifications - 431 • Number of ACH Preauthorized Payment Accounts – 2,606

Utility Billing/Customer Service

• Number of Cash Receipts Processed – 1,607 • Number of Xpress Bill Pay Receipts Processed – 6,522

Accounts Payable – Number of Checks Created - 129 VII. CONSENT AGENDA A. CONSIDER MINUTES OF JUNE 2, 2020 MOTION: Council Member Paul Glover MOVED to approve the Consent Agenda.

The motion was SECONDED by Council Member Quinn Sperry. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Heidi Robinson Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye

The motion passed unanimously. VIII. ACTION ITEMS A. CONSIDER RESOLUTION NO. 2020-R-28 ADOPTING THE

FISCAL YEAR 2021 MIDVALE CITY MUNICIPAL FEE SCHEDULE Kyle Maurer said staff is recommending approval of the fee schedule for fiscal year 2021. Only a few changes are proposed. The proposed changes are as follows:

Page 13: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

11

Sanitation

• Garbage and recycling increase of 10% (Garbage-From $9.62 per month to $10.58 per month;

• Recycling-From $3.28 per month to $3.61 per month).

• Dumpster rental increase from $200 to $206.20 (3.1% increase; pass-through CPI increase from ACE).

Fee increases are needed to ensure the Sanitation fund remains solvent. Both Trans-Jordan and ACE Disposal has implemented fee increases. FISCAL IMPACT: Sanitation Fund–Increase of revenues of $114,837 for garbage and recycling services; increase of $300 for dumpsters. MOTION: Council Member Dustin Gettel MOVED to approve Resolution No.

2020-R-28 Adopting the Midvale City Municipal Fee Schedule for the Fiscal Year beginning July 1, 2020 and ending June 30, 2021. The motion was SECONDED by Council Member Heidi Robinson. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows:

Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Heidi Robinson Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye

The motion passed unanimously. C. CONSIDER RESOLUTION NO. 2020-R-29 ADOPTING A PROPOSED

TAX RATE OF ALL REAL AND PERSONAL PROPERTY IN MIDVALE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021

Kyle Maurer said part of the yearly budget approval process requires either proposing or adopting a Certified Tax Rate calculated by the Salt Lake County Auditor. The Certified Tax Rate is the tax rate used against the assessed values of properties located in Midvale. The initial Certified Tax Rate is calculated by taking the tax revenue received in the prior year, plus new growth. This is then divided by the City’s assessed value (with a few adjustments) to arrive at the Certified Tax Rate. If the City chooses to accept this rate, it must be adopted by June 22nd of each year. If the City desires to receive more revenue than initially calculated by the County Auditor, the City will need to go through a process called Truth in Taxation. This process involves multiple public notices and a public hearing before the final tax rate is adopted. Staff proposes increasing the revenue generated by the Certified Tax Rate by $403,295. This is the amount of revenue the City previously received for debt service on the Public Safety General Obligation Bonds. This revenue will be used to fund the proposed UPD

Page 14: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

12

Member Assessment Increase ($250,000) and debt service on the Municipal Building Authority (MBA) Bonds ($676,406). These bonds were used to build the City Hall/Justice Court building, and fund City park and streetlight improvements. Recapturing this revenue has been planned since the MBA Bonds were approved in October 2012. The average resident will not see a tax increase if the City Council approves this rate increase. If the rate increase is not approved, the average resident’s Midvale portion of their tax bill will reduce $32. The final rate cannot be adopted until after the Truth in Taxation hearing, which will occur in August. The resolution only proposes a tax rate; it allows the City to begin the Truth in Taxation process. FISCAL IMPACT: Proposing the increased tax rate will generate $2,622,981 in Property Tax revenue. This has already been included in the fiscal year 2021 budget. If the City Council chooses to not accept the proposed tax increase and adopt the initial rate calculated by the Salt Lake County Auditor, property tax revenue will decrease $403,295 to $2,219,686. FY2021 General Fund Proposed Revenues

Taxes, 12,902,706 , 65%Licenses & Permits, 972,609 ,

5%

Intergovernmental Revenue, 2,648,514 , 14%

Charges for Services, 2,214,436 , 11%

Fines and Forfeitures, 945,000 , 5%Miscellaneous Revenue,

42,300 , 0%Contributions, 2,500 , 0%

Page 15: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

13

Sales, 7,277,952

Property, 2,662,981

Franchise, 2,200,000

Motor Vehicle, 372,426

Telecommunications, 270,000 Transient Room, 119,347

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Page 16: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

14

FY2021 General Fund Expenditures

FY2021 General Fund Summary

Amount

Revenues $19,728,065

Expenditures ( 19,264,063)

Transfers Out ( 834,779)

Net Revenues Over/(Under) Expenditures ( $370,777)

Mayor and City Council, 395,524 , 2%

Administration, 523,493 , 3%

Communications, 203,710 , 1%Human Resources/Employee Services, 187,328 , 1%

City Recorder, 305,019 , 1%

City Attorney, 672,719 , 3%

Non-Departmental, 1,407,833 , 7%

Community & Intergovernmental Relations, 223,845 , 1%

Public Safety, 9,259,085 , 46%

Administrative Services, 2,136,670 , 11%

Public Works, 2,210,660 , 11%

Community Development, 1,726,177 , 9%

Transfers Out - Telecommunications Fund, 834,779 , 4%

Page 17: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

15

Current budget proposal – Use of fund balance ($370,777) – 10%. Includes recapturing GO Bond property tax - $403,295. Property Tax Basics How the City’s property tax rate is calculated: Previous year property tax revenue + new growth + GO Bond debt service Assessed property tax value When assessed value goes up, tax rate goes down. When assessed value goes down, tax rate goes up. Assessed property tax value = Total assessed value less allowable exemptions

• Example – 45% residential exemption If an entity wishes additional revenue, goes through a process called Truth in Taxation. FY2020 Property Tax Breakdown

FY2021 Property Tax Rate

• Staff recommending recapture of GO Bond Property Tax revenue ($403,295). • Removed proposed CPI increase ($53,290). • Part of property tax levy is for General Obligation bond payments. • General Obligation bond (Police building) ended fiscal year 2020. • Normally, this would drop off, decreasing average residents’ property tax

bill $32. • Would be used to offset UPD increase ($250,000) and MBA lease payment (debt

service) on City Hall/Justice Court and Park Improvements Bond.

Page 18: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

16

• Recapturing this revenue has been planned since building the City Hall/Justice Court.

• Will not increase Midvale City portion of property tax bill (on average). FY2021 Property Tax Rate Detail Property Tax Rate Comparison:

Property Tax Revenue Detail: Prior Year Tax Revenue $2,147,555 New Growth 72,131 Recapture of GO Bond Property Tax Revenue 2,622,981 Truth in Taxation Process

• On or before June 22nd – City adopts “proposed” tax rate. • 2 weeks before public hearing – Newspaper publication (must be done in specific

format). • 1 week before public hearing – Newspaper publication (must be done in specific

format). • Ads are also placed on multiple websites (Public Notice website, Utahlegals.com,

etc.) • Public hearing date confirmed by County auditor – Public hearing cannot conflict

with another entity. • Public hearing agenda cannot have any other items other than tax increase,

budget, or fee introduction/increase. Tentative public hearing date – August 11, 2020. Alternatives

• City Council can approve certified tax rate without General Obligation bond recapture.

• Would not require City to go through Truth in Taxation process. • Difference ($403,295) would need to be covered either through use of fund

balance or more aggressive cost reductions. • Use of Fund Balance would increase to $774,072 (21% of fund balance). • Would leave $3 million in fund balance (15% of budgeted revenues).

MOTION: Council Member Paul Glover MOVED to approve Resolution No. 2020-

R-29 proposing a tax rate of 0.001043 for calendar year 2020. The Motion was SECONDED by Council Member Dustin Gettel. Mayor Hale

Rate Amount Rate Amount % Difference

General Purposes 0.000932 2,147,227$ 0.000883 2,219,686$ 3.4%

Recapture GO Bond Debt Service 0.000000 - 0.000160 403,295 100.0%

General Obligation Debt Service 0.000175 403,295 0.000000 - -100.0%

0.001107 2,550,522$ 0.001043 2,622,981$ 2.8%

2020 2021

Page 19: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Proceedings of City Council Meeting June 16, 2020

17

called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows:

Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Heidi Robinson Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye

The motion passed unanimously.

IX. ADJOURN MOTION: Council Member Paul Glover MOVED to adjourn the meeting. The

motion was SECONDED by Council Member Bryant Brown. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.

The meeting adjourned at 8:58 p.m. Rori L. Andreason, MMC H.R. DIRECTOR/CITY RECORDER Approved this 30th day of June 2020.

Page 20: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

1

MIDVALE CITY COUNCIL SUMMARY REPORT

MEETING DATE: JUNE 30, 2020

SUBJECT: Midvale Police Department Feasibility Study Update

SUBMITTED BY: Matt Dahl, Assistant City Manager

SUMMARY:

Midvale City joined the Unified Police Department in 2011. At that time the Unified Police

Department (UPD) model of operating local precincts and sharing specialty services (SWAT, K9,

investigations, forensics, evidence) with UPD Member Communities allowed for Midvale to continue

the high level of service expected by its residents and achieve significant costs savings for the City’s

general fund. After realizing the anticipated cost savings in the initial years of membership, Midvale

City, as well as the other UPD Member Communities, grew concerned by the significant annual

increases in the cost of the shared services, the persistently low-pay received by officers and

detectives, budget cuts in local precincts, and the unsustainable budget practices used to moderate the

annual increase in member fees. As a result of these concerns, among others, Midvale City felt it

would be appropriate to consider the feasibility of withdrawing from UPD and providing its own

police services.

In April 2020, Midvale City hired Lewis Young Robertson & Burningham Inc. (LYRB) to prepare a

Feasibility Study that would include budget scenarios for the establishment and on-going operations of

a Midvale Police Department. The budget scenarios would be used to evaluate the range of police

services that Midvale City could provide and the corresponding costs, for the purpose of comparing the

outcomes with the service level and costs currently provided by UPD. In preparing the Feasibility

Study, LYRB compiled benchmark data, including calls for service, current budget expenses, and

officer counts from community police departments in Salt Lake County. Additionally, City staff

consulted with several law enforcement experts to establish a range of expectations for police services.

The Feasibility Study was scheduled to be completed in mid-July 2020, with updates on the

preliminary findings in late June.

On June 16, 2020, Midvale City Staff presented preliminary findings from the Feasibility Study to the

City Council. Based on the data in the study and recommendations from law enforcement experts the

budget scenarios that were developed incorporated a staffing range of 52-56 officers, which resulted in

annual costs for police services of $8.1 – $8.9 million dollars. Additionally, the range for department

start-up costs was $5.0 - $7.3 million. The biggest contributors to the startup costs were the

construction of a new evidence storage facility and pension liabilities. These cost estimates indicate

there would be significant to modest savings if Midvale were to operate its own police department.

During the June 16th meeting staff indicated that it would continue to refine the budget estimates, with

a focus on leasing, insurance, and start-up financing costs.

Following the June 16th City Council meeting, Taylorsville indicated that it would be withdrawing

from UPD. This decision has significant budget implications for the remaining UPD Member

Page 21: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

2

Communities. Without significant cuts to UPD shared services, the withdrawal of Taylorsville would

likely result in a large increase in the annual cost to Midvale City for UPD provided police services.

Any increase in costs to Midvale resulting from the withdrawal of Taylorsville, would increase the

anticipated savings realized by Midvale for self-providing police services. UPD has indicated that it is

considering options to reduce or eliminate the financial impact on the remaining Member

Communities, though a proposal has not been provided. Staff will work with UPD to incorporate their

budget proposals into the Feasibility Study.

During the June 30th City Council Meeting, Midvale City Staff will provide an update on the

preliminary findings from the Feasibility Study, including the anticipated impacts of Taylorsville’s

withdrawal from UPD.

Page 22: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

1

MIDVALE CITY COUNCIL SUMMARY REPORT

MEETING DATE: JUNE 30, 2020

SUBJECT: Consideration of Resolution No. 2020-R-27 Authorizing the Mayor to Sign and Issue

Midvale City’s Notice of Intent to Withdraw From Unified Police Department

SUBMITTED BY: Kane Loader, City Manager

SUMMARY:

Midvale City joined the Unified Police Department in 2011. At that time the Unified Police

Department (UPD) model of operating local precincts and sharing specialty services (SWAT, K9,

investigations, forensics, evidence) with UPD Member Communities allowed for Midvale to continue

the high level of service expected by its residents and achieve significant costs savings for the City’s

general fund. After realizing the anticipated cost savings in the initial years of membership, Midvale

City, as well as the other UPD Member Communities, grew concerned by the significant annual

increases in the cost of the shared services, the persistently low-pay received by officers and

detectives, budget cuts in local precincts, and the unsustainable budget practices used to moderate the

annual increase in member fees. Following the completion of the FY20 Budget Process, Midvale

requested that UPD develop proposals for addressing these issues.

In March 2020, Midvale City was disappointed when the initial UPD FY21 Budget proposals did not

seem to resolve the concerns identified in 2019. This resulted in the initiation of a third-party study to

evaluate the feasibility and potential cost savings for Midvale to provide its own police services. In

April 2020, Midvale City also provided a list of changes that need to be instituted in order for UPD to

operate in a way that aligns with the original goals of the organization and Midvale City. The primary

changes included:

1. improving UPD governance,

2. improving officer pay,

3. reducing or stopping the regular use of fund balance, and

4. controlling the annual increases in member fees.

Since these changes were submitted to UPD, minor improvements have been made to UPD

governance, with the approval of a new weighted voting system for budget related issues. However,

most of the issues remain unaddressed. On June 22nd, Taylorsville indicated that it intends to withdraw

from UPD in July 2021. The withdrawal of Taylorsville is anticipated to make it more challenging to

implement the changes proposed by Midvale and has the potential to cause significant increases in

member fees in future years. Additionally, the preliminary findings from the feasibility study indicate

that it is likely that Midvale would be able to provide comparable police services to UPD with its own

police department and would likely realize cost savings. However, the study is ongoing and the

estimated amount of savings is subject to change.

Page 23: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

2

Given the status of Midvale’s proposed changes, the withdrawal of Taylorsville from UPD, and the

preliminary findings of the feasibility study, the City Council is being asked to consider issuing a

notice of intent to withdraw from UPD.

History:

• May 7, 2019 – City Council Meeting: City Council requested a feasibility study to evaluate the

potential for Midvale to provide its own police services.

• May 21, 2019 – City Council Meeting: City Council discussed the potential of issuing a notice

to withdraw from UPD during FY20 Budget discussion.

• June 4, 2019 – City Council Meeting: City Council met with Salt Lake County Sheriff and

discussed concerns with UPD budget and the potential of issuing a notice to withdraw from

UPD if budget issues were not addressed.

• April 16, 2020 – UPD Board Meeting: Mayor Hale informed UPD Board of Midvale’s budget

and governance concerns.

• April 21, 2020 – City Council Meeting: City discussed budget and governance concerns with

representatives of UPD.

• April 28, 2020 –Lewis Young Robertson and Burningham (LYRB) hired to conduct Feasibility

Study for a Midvale Police Department

• May 5, 2020 – City Council Meeting: City Council is informed that staff has hired LYRB to

conduct a Feasibility Study for a Midvale City Police Department.

• May 21, 2020 – UPD Board Meeting: Mayor Hale discusses Midvale’s budget and governance

issues with the UPD Board. UPD Board directs UPD staff to address the issue of weighted

voting.

• June 16, 2020 – City Council Meeting: Preliminary Feasibility Study findings indicating

significant potential savings from a Midvale Police Department presented to City Council.

• June 18, 2020 – UPD Board Meeting: UPD Board approves weighted voting for budget related

issues.

Attachments: Resolution No. 2020-R-27, Notice of Intent to Withdraw

Page 24: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

MIDVALE CITY, UTAH

RESOLUTION NO. 2020-R-27

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND ISSUE MIDVALE CITY’S

NOTICE OF INTENT TO WITHDRAW FROM UNIFIED POLICE DEPARTMENT.

WHEREAS, Article XI, Section 5 of the Utah Constitution confers upon cities the power to

furnish all local public services including police services; and

WHEREAS, Midvale City established its own police department in 1909;

WHEREAS, Utah Code Ann. § 11-13-201 permits Utah public agencies to jointly exercise any

power, privilege, or authority with other public entities that have the same power, privilege, or

authority by an interlocal agreement; and

WHEREAS, on May 3, 2011, Midvale City entered into an interlocal agreement to merge its

police department with Unified Police Department; and

WHEREAS, in recent years, the City Council has requested that UPD improve its governance,

improve officer pay, reduce or stop the use of fund balance to finance ongoing expenses, and control

the annual increases in member fees; and

WHEREAS, the City Council’s concerns remain largely unresolved and the financial benefits

of Midvale City’s membership in UPD have eroded; and

WHEREAS, research conducted by Midvale City Staff and an independent third-party

indicates that Midvale City could provide a comparable level of service as UPD at a lower cost by

creating its own police department; and

WHEREAS, the City Council desires to separate from UPD and reestablish its own police

department; and

WHEREAS, the Unified Police Department interlocal agreement requires that Midvale City

provide notice of its intent to withdraw from UPD at least one year before its separation.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MIDVALE,

UTAH:

Section 1. The Midvale City Council authorizes the Mayor to sign and issue the attached

Notice of Intent to Withdraw to the Unified Police Department Board of Directors and member

entities.

Section 2. This Resolution shall take effect immediately.

APPROVED AND ADOPTED this 30th day of June 2020.

Robert M. Hale, Mayor

Page 25: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

ATTEST:

Rori L. Andreason, City Recorder

Voting by the City Council “Aye” “Nay”

Quinn Sperry

Paul Glover

Heidi Robinson

Bryant Brown

Dustin Gettel

Page 26: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

1 of 5

Midvale Mayor’s Office

7505 South Holden Street

Midvale, Utah 84047

(801) 567-7204

www.midvalecity.org

June 30, 2020

Mayor Jenny Wilson

Salt Lake County

Mayor Robert Dahle

City of Holladay

Mayor Kristie Overson

City of Taylorsville

Mayor Jeff Silvestrini

Millcreek City

Chairwoman Kelly Bush

Kearns Metro Township

Mayor Dan Peay

Magna Metro Township

Chairman Sean Clayton

Copperton Township

Mayor Paulina Flint

White City

Mayor Joe Smolka

Emigration Canyon

Sheriff Rosie Rivera

Unified Police Department

Notice of Intent to Withdraw

Mayors, Chairpersons, and Sheriff,

Midvale has been a reliable partner and advocate for Unified Police Department (“UPD”). As

originally envisioned, the UPD model was an example of the very best of government

cooperation. Each member entity benefitted from the exemplary dedication and service of its

local officers while simultaneously benefitting from superb pooled services that would otherwise

be outside the reach of its individual members.1 Under the model, member entities could receive

the best level of service with dramatic savings for their respective residents.

When Midvale joined UPD nine years ago, the City knew that the organization would require

constant change, but the City firmly believed in the UPD model. Midvale’s membership in UPD

did provide immediate benefits for the City and its citizens in the form of cost savings. However,

Midvale recognized that the most significant benefits would materialize through working with

the member entities to turn UPD’s aspirations into realities. It was the value of these benefits that

convinced Midvale to merge its police department with UPD.

In the last few years, it has become apparent that the aspirations of the UPD model are not in

alignment with the member entities. Instead of attracting additional members to the Unified

Police Department organization, it has lost two of its municipal members. When Midvale voiced

its concerns last year, the City was assured by UPD that its concerns were heard and would be

addressed.2 A year has passed, and Midvale’s concerns remain largely ignored. As the financial

1 “About UPD.” Unified Police Department, accessed May 28, 2020. https://updsl.org/page_about.php. 2 Midvale City. “City Council Meeting Minutes” (June 4, 2019). midvalecity.org/home/showdocument?id=7415.

Page 27: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

2 of 5

benefits of UPD membership evaporate, Midvale can no longer wait for UPD. The potential of

the UPD model must be realized now.

The City, as well as other member cities, has expressed in the past the below changes need to be

instituted in order for UPD to operate in a way that aligns with the original goals of UPD and

Midvale. The primary changes are:

1. improving governance,

2. improving officer pay,

3. reducing or stopping the use of fund balance, and

4. controlling the annual increases in member fees.

1. Improving Governance

It is near universally understood that UPD must improve its governance. The Office of the State

Auditor completed an audit of UPD in 2018 and reported that its most significant concern was

that the UPD “Interlocal Agreement established [a] weak governance structure.”3 The State

Auditor further expressed concern that the “Board does not control the selection of the CEO and

the CEO is not directly accountable to the Board,” the “CEO can veto Board Policy,” and

“[v]oters served by UPD are outnumbered by votes outside of UPD’s service area.”4 The State

Auditor recommended that “the Board amend the Agreement with the Members to [e]nsure the

Board can hold management accountable through means such as appointment, removal, and

setting compensation[.]”5 In 2019, the State amended the law to permit the UPD members to

appoint their own CEO.6 Despite this step, minimal progress has been made to put the State

Auditor’s recommendations into effect and to improve the governance of UPD.

The Sheriff has the unenviable position of being both the elected Salt Lake County Sheriff and

the automatically-appointed CEO of UPD. Her current position necessitates that she does two

full-time jobs and be both responsive to her constituents and the UPD Board. The Sheriff has

done an admirable job balancing her diverse responsibilities, but her position requires that her

focus be split between two organizations. Her position as the UPD CEO also requires that as an

elected official, she is subject to the direction of other elected officials.

It is for these reasons that Midvale shares the same concerns as the State Auditor. UPD is an

executive organization that should be led by one leader—the UPD Board of Directors. The UPD

Board must be able to choose the leadership of UPD. UPD should not continue to maintain a

governance structure in which the Board does not have direct oversight in its own police force

executive management. That management must also be directly accountable to the Board and

should focus solely on their UPD responsibilities. Additionally, the CEO must not have the

ability to veto the Board. There is no other organization in which the governing board may be

vetoed by the officer whose sole responsibility is to carry out the governing board’s direction.

3 Office of the State Auditor. Report No. UNPD-18-SP “Unified Police Department: Findings and

Recommendations for the period August 2015 through August 2017” (2018), 4. 4 Ibid. 5 Ibid. 6 Interlocal Provision of Law Enforcement Service, 2019 Utah Laws Ch. 197 (H.B. 79).

Page 28: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

3 of 5

UPD will never be able to reach its potential as long as it continues to maintain a weak

governance structure.

UPD must also change the current voting structure. When Midvale joined UPD, the municipal

entities represented 51 % of UPD’s municipal budget and 52 % of the UPD’s served population

and had 63% of the votes on the Board.7 Today, the municipal entities represent 68% of the

UPD’s municipal budget and served population and yet only have 33% of the votes on the

Board.8 While minor improvements have recently been made, the current voting structure

diminishes the representation of those representing two-thirds of UPD’s population and

providing two-thirds of the UPD’s municipal budget. Weighted voting for member entities on all

issues based on population, budget contribution, or a combination is necessary to appropriately

represent those it serves.

2. Improving Officer Pay

Midvale has long been a proponent of improving the pay of UPD’s officers. Midvale recognizes

that in order for UPD to reach its full potential, UPD must attract and retain the best officers in

Salt Lake Valley. This demands that UPD’s officer pay must be competitive in the current

market. Even while facing a proposed 20% UPD membership fee increase in 2019, Midvale

pushed UPD to increase officer pay by 10% by reducing shared services.9 This push was

rebuffed. While Midvale continues to advocate for improving officer pay, the City questions

whether this is the appropriate year to make this push while our citizens are suffering from the

worst economic downturn since the Great Depression10 and member entities are seeking to cut

costs and avoid layoffs. UPD’s proposed 4.75% pay increase this year was insensitive to these

concerns. Instead, it would have been more appropriate to freeze pay this year and adopt a three-

to five-year plan to improve officer pay.

3. Use of Fund Balance

UPD’s use of fund balance to fund ongoing expenses is concerning. Over the past five years, the

fund balance has fallen by 49%.11 This represents using roughly $4.8 million in cash reserves to

fund ongoing expenses.12 This is unsustainable, and, at its current rate, the fund balance will be

completely depleted in five years. When this occurs, the member entities will be forced to

drastically increase their fees or drastically cut services. Neither of these are acceptable

solutions. Additionally, UPD and its member entities increasingly risk having to draw from

member entities’ own reserves to fund UPD in the event of a disaster. Such an impact could be

devastating to its member entities.

7 Unified Police Department. “Adopted Costing Exhibit” (Jan. 17, 2013). https://updsl.org/documents/fiscal/

2013_UPD_Budget_Cost_Exhibit_Final.pdf 8 Unified Police Department. “Adopted Costing Exhibit” (May 24, 2018). https://updsl.org/documents/fiscal/

2019_UPD_Budget_Cost_June_21.pdf (excluding Herriman and Riverton). 9 Letter addressed to Sheriff Rivera from Mayors Hale, Overson, Dahle, and Silverstrini, dated May 24, 2019. 10 Gita Gopinath. “The Great Lockdown: Worst Economic Downturn Since the Great Depression.” IMFBlog.

International Monetary Fund, April 14, 2020. https://blogs.imf.org/2020/04/14/the-great-lockdown-worst-economic-

downturn-since-the-great-depression/ 11 Unified Police Department. “Annual Financial Report” (June 30, 2015). https://updsl.org/documents/fiscal/

UPD_2015_Financial_Statements.pdf; Unified Police Department. “Annual Financial Report” (June 30, 2019).

https://updsl.org/documents/fiscal/UPD_2019_Financial_Statements.pdf 12 Ibid.

Page 29: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

4 of 5

4. Member Fee Increases

UPD’s annual member fee increases every year are unsustainable. Between 2018 and 2019,

Midvale’s fee increased by 15%.13 As initially proposed, this increase would have been over

17%.14 Last year, UPD proposed an increase of 20%.15 This was negotiated down to 8%.16 And

finally this year, UPD initially proposed an increase of 7.78%.17 This has since been negotiated

down to 3% at the expense of the staffing of Midvale’s precinct.18 While Midvale recognizes that

a portion of these increases are related to the addition of officers at the Road Home Shelter under

a pass-through state grant, these increases remain substantial. And despite these significant

increases in member fees, Midvale has had to reduce the service at its own precinct, and UPD’s

patrol officers remain paid 13th out of 15 comparable organizations.19 Midvale is concerned UPD

has failed to control costs for its shared services and may be too top-heavy in these areas. The

City does not understand how UPD can request substantial increases each year while removing

officers. With such significant increases, no community should have to choose between its

membership in UPD and the safety of its citizens. And yet, this is exactly the position UPD has

placed Midvale in year after year.

The preliminary results of the feasibility study conducted by Lewis Young Robertson &

Burningham indicate that Midvale can provide comparable police services for its residents for a

lower cost than it is paying UPD. With an estimated cost savings between $489,000 to

$1,250,000 per year, Midvale will be able to provide more Midvale based patrol officers,

detectives, sergeants, K-9 handlers, and support staff that it receives from UPD and be able to

pay them better. It is anticipated that these savings will increase substantially with the recent

announcement of Taylorsville’s withdrawal from UPD. The study accounts for the increased

costs on the City’s human resources, legal, information technology, and fleet resources.

Midvale provided its own police services for 100 years prior to merging with UPD.20 The City

has a rich heritage of providing outstanding police services at a cost that its residents and

13 Unified Police Department. “UPD Budget FY2021 (Tenative),” accessed June 1, 2020. https://updsl.org/

documents/fiscal/UPD_2021_Budget_Tentative.pdf; Unified Police Department. “UPD Budget FY2020,” accessed

June 1, 2020. https://updsl.org/documents/fiscal/UPD_2020_Budget.pdf. 14 Unified Police Department. “UPD Budget Cost Exhibit FY2019,” (June 21, 2018). https://updsl.org/documents/

fiscal/2019_UPD_Budget_Cost_June_21.pdf. 15 Midvale City. “City Council Meeting Minutes” (May 7, 2019). https://www.midvalecity.org/home/

showdocument?id=7329; Midvale City. “City Council Meeting Minutes” (June 18, 2019).

https://www.midvalecity.org/home/showdocument?id=7397. 16 Unified Police Department. “UPD Budget Cost Exhibit FY2021,” accessed June 1, 2020.

https://s3.amazonaws.com/SmartsheetB1/dd1c7b0f9f70436fbdcd381513fdf064?response-content-

disposition=inline%3Bfilename%3D%2204-28-20+Finance+Committee+Packet.pdf%22%3Bfilename*%3DUTF-

8%27%2704-28-20%2520Finance%2520Committee%2520Packet.pdf&Signature=l9iFQO8pUiJrMEknqiCh%

2BNSFHgY%3D&Expires=1591043915&AWSAccessKeyId=11950YFEZZJFSSKKB3G2. 17 Email from Lisa Dudley to Mayor Hale, dated April 14, 2020. 18 Unified Police Department. “Pay Template- Midvale less Sgt.” (May 7, 2020). 19 Unified Police Department. “2020/2021 Compensation Comparison,” (January 2020).

https://s3.amazonaws.com/SmartsheetB1/dd1c7b0f9f70436fbdcd381513fdf064?response-content-

disposition=inline%3Bfilename%3D%2204-28-20+Finance+Committee+Packet.pdf%22%3Bfilename*%3DUTF-

8%27%2704-28-20%2520Finance%2520Committee%2520Packet.pdf&Signature=l9iFQO8pUiJrMEknqiCh%

2BNSFHgY%3D&Expires=1591043915&AWSAccessKeyId=11950YFEZZJFSSKKB3G2. 20 Maurine Jensen, ed., Midvale History 1851-1979 (Midvale Historical Society, 1979), 112.

Page 30: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

5 of 5

businesses can afford. As the cost savings of our membership in UPD have evaporated, Midvale

can no longer wait for UPD to turn its aspirations into realities. Midvale will return to its

heritage. The City is providing its intent to withdraw from Unified Police Department on July 1,

2021, as required in Subsection 20(b) of the Cooperative Agreement by Public Agencies to

Create a New Entity, to Consolidate Law Enforcement Service, and Provide Rules of

Governance (the “UPD Interlocal”). As a vested member under Subsection 20(d)(i) of the UPD

Interlocal, Midvale is entitled to its proportionate share of the assets and liabilities of UPD.

Sincerely,

Robert M. Hale

Midvale City Mayor

Page 31: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

Mandatory Notice Addresses:

Sheriff Rosie Rivera

Unified Police Department

3365 South 900 West

Salt Lake City, UT 84119

Mayor Jenny Wilson

Salt Lake County

2001 South State, N-2100

Salt Lake City, UT 84114

District Attorney Sim Gill

Salt Lake County

2001 South State, S-3500

Salt Lake City, UT 84114

Mayor Robert Dahle

City of Holladay

4580 South 2300 East

Holladay, UT 84117

Gina Chamness

City of Holladay

4580 South 2300 East

Holladay, UT 84117

Mayor Kristie Overson

City of Taylorsville

2600 West Taylorsville Blvd.

Taylorsville, UT 84129

Tracy Cowdell

Taylorsville City Attorney

2600 West Taylorsville Blvd.

Taylorsville, UT 84129

Mayor Jeff Silvestrini

Millcreek City

3330 South 1300 East

Millcreek, UT 84106

John Brems

Millcreek City Attorney

3330 South 1300 East

Millcreek, UT 84106

Chair Kelly Bush

Kearns Metro Township

c/o Office of Township

Services

2001 South State N3600

Salt Lake City, UT 84114

Mayor Dan Peay

Magna Metro Township

c/o Office of Township

Services

2001 South State N3600

Salt Lake City, UT 84114

Chair Sean Clayton

Copperton Township

c/o Office of Township

Services

2001 South State N3600

Salt Lake City, UT 84114

Mayor Paulina Flint

White City

c/o Office of Township

Services

2001 South State N3600

Salt Lake City, UT 84114

Mayor Joe Smolka

Emigration Canyon

c/o Office of Township

Services

2001 South State N3600

Salt Lake City, UT 84114

Page 32: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

1

MIDVALE CITY COUNCIL SUMMARY REPORT

MEETING DATE: JUNE 30, 2020

SUBJECT: Midvale Police Department Feasibility Study Update

SUBMITTED BY: Matt Dahl, Assistant City Manager

SUMMARY:

Midvale City joined the Unified Police Department in 2011. At that time the Unified Police

Department (UPD) model of operating local precincts and sharing specialty services (SWAT, K9,

investigations, forensics, evidence) with UPD Member Communities allowed for Midvale to continue

the high level of service expected by its residents and achieve significant costs savings for the City’s

general fund. After realizing the anticipated cost savings in the initial years of membership, Midvale

City, as well as the other UPD Member Communities, grew concerned by the significant annual

increases in the cost of the shared services, the persistently low-pay received by officers and

detectives, budget cuts in local precincts, and the unsustainable budget practices used to moderate the

annual increase in member fees. As a result of these concerns, among others, Midvale City felt it

would be appropriate to consider the feasibility of withdrawing from UPD and providing its own

police services.

In April 2020, Midvale City hired Lewis Young Robertson & Burningham Inc. (LYRB) to prepare a

Feasibility Study that would include budget scenarios for the establishment and on-going operations of

a Midvale Police Department. The budget scenarios would be used to evaluate the range of police

services that Midvale City could provide and the corresponding costs, for the purpose of comparing the

outcomes with the service level and costs currently provided by UPD. In preparing the Feasibility

Study, LYRB compiled benchmark data, including calls for service, current budget expenses, and

officer counts from community police departments in Salt Lake County. Additionally, City staff

consulted with several law enforcement experts to establish a range of expectations for police services.

The Feasibility Study was scheduled to be completed in mid-July 2020, with updates on the

preliminary findings in late June.

On June 16, 2020, Midvale City Staff presented preliminary findings from the Feasibility Study to the

City Council. Based on the data in the study and recommendations from law enforcement experts the

budget scenarios that were developed incorporated a staffing range of 52-56 officers, which resulted in

annual costs for police services of $8.1 – $8.9 million dollars. Additionally, the range for department

start-up costs was $5.0 - $7.3 million. The biggest contributors to the startup costs were the

construction of a new evidence storage facility and pension liabilities. These cost estimates indicate

there would be significant to modest savings if Midvale were to operate its own police department.

During the June 16th meeting staff indicated that it would continue to refine the budget estimates, with

a focus on leasing, insurance, and start-up financing costs.

Following the June 16th City Council meeting, Taylorsville indicated that it would be withdrawing

from UPD. This decision has significant budget implications for the remaining UPD Member

Page 33: MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June …7505 South Holden Street Midvale, UT 84047 (801) 567-7200 MIDVALE CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2020 PUBLIC NOTICE

2

Communities. Without significant cuts to UPD shared services, the withdrawal of Taylorsville would

likely result in a large increase in the annual cost to Midvale City for UPD provided police services.

Any increase in costs to Midvale resulting from the withdrawal of Taylorsville, would increase the

anticipated savings realized by Midvale for self-providing police services. UPD has indicated that it is

considering options to reduce or eliminate the financial impact on the remaining Member

Communities, though a proposal has not been provided. Staff will work with UPD to incorporate their

budget proposals into the Feasibility Study.

During the June 30th City Council Meeting, Midvale City Staff will provide an update on the

preliminary findings from the Feasibility Study, including the anticipated impacts of Taylorsville’s

withdrawal from UPD.