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MIDVALE CITY ELECTED OFFICIALS MAYOR Marcus Stevenson 801-567-7204 Email: mstevenson@midvale.com CITY COUNCIL District 1 - Bonnie Billings Email: bbillings@midvale.com District 2 - Paul Glover Email: pglover@midvale.com District 3 - Heidi Robinson Email: Hrobinson@midvale.com District 4 - Bryant Brown Email: bbrown@midvale.com District 5 - Dustin Gettel Email: dgettel@midvale.com
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FEBRUARY 2024 CITY NEWSLETTER By Mayor Marcus Stevenson
Understanding the Complexities of Criminal Justice within the Three Branches of Government Our governance system is broken up into three branches of government – executive, legislative, and judicial. While this system is made clear at the federal level between the President, Congress, and the Supreme Court, many do not always realize that this system is replicated at the state and local level. In Midvale, this system is created with the mayor, city council, and justice court judge. In Midvale, the mayor, council, and judge share administrative staff who ensure that the day-to-day operations throughout the city take place. In this month’s message, I hope to explain more about how municipal justice courts work, and in which ways Midvale City is directly involved with the judicial system, and which ways we are not. JUSTICE COURTS While justice court staff are Midvale City employees and act as a department of our city, the State oversees court policies, ensuring each judge across the State has similar powers and responsibilities. Here in the State, justice court judges are appointed by the mayor and confirmed by the city council, but unlike the US Supreme Court, where justices may serve a lifetime appointment, in Utah, registered voters get to vote whether to retain a justice court judge every six years. The judge will serve as that community’s judge until they don’t receive enough votes to be retained or decide to leave the role. In Utah, only lower-level crimes come before local justice courts, meaning infractions, and class B and C misdemeanors. Anything above this (class A misdemeanors and felonies) goes to higher level courts, that cities do not oversee. A few examples of what may come before a city justice court are: infractions for parking or speeding tickets, class C misdemeanors for intoxication or driving without insurance, and class B misdemeanor for criminal trespass and assault. In Salt Lake County, none of these charges are likely to result in substantial jail time, unless someone is a repeat offender or is not compliant with probation. PROSECUTION Within the justice system, one of the city’s roles is to prosecute those cases that come before the justice court. Here in Midvale, we have one full-time prosecutor who represents the city on all matters before our court. As an example, if you receive a speeding ticket from a police officer, you may schedule a court date before our judge, and the Midvale prosecutor will have the opportunity to discuss the ticket with you. The prosecutor will decide how to proceed with a case and will weigh the available evidence and other relevant information to decide whether to set a case for trial, negotiate a plea deal, or even dismiss a case. In Midvale, we recognize that committing a crime does not necessarily make you a criminal. People make mistakes. Our goal is not to punish for punishment’s sake. Our goal is to hold people accountable for their actions, protect victims and the public at large, provide fair and respectful treatment throughout the court process, and address the root issue that led to the crime in the first place. With every case, our prosecutors try to craft resolutions that will help prevent someone from committing the same crime again. Is alcoholism leading to domestic violence? Is a drug addiction leading to shoplifting? Is a mental health issue leading to drug use or excessive alcohol consumption? Has too much time passed since someone reviewed com-
mon traffic laws? Instead of simply recommending a significant jail sentence or fine, we believe that people should be given resources to address their problems and be provided incentives that can encourage someone to change their behavior. In some instances—especially for repeat offenders—sometimes the only tool available to our prosecutors is recommending a harsh sentence.
Because Midvale City only has jurisdiction over lower-level crimes, if a charge comes before the city that could be enhanced, then the government with jurisdiction over that crime must agree to prosecute that case. As an example, if someone is arrested for a basic assault, but then when reviewing the case, our prosecutor finds that it qualifies as domestic violence and the defendant has previous domestic violence convictions, then they can try to get the county take that case and charge it as such. Most enhancements – previous domestic violence convictions, previous DUI convictions, gang crimes, hate crimes, amongst others – are charged at a higher level than a class B misdemeanor, meaning the county must agree to prosecute the case and charge it as such in district court. To avoid constitutional issues, the city will relinquish its case and dismiss it at the justice court level so the county can proceed with its prosecution. LAW ENFORCEMENT Clearly our law enforcement officers are going to have a role in the criminal justice system, as they are the ones who are tasked to enforce many local, county, state, and federal laws. However, once a police officer writes a ticket or arrests someone, their role is largely over. It is important to note that an officer only needs probable cause to arrest someone. A citation or an arrest does not mean someone is guilty of a charge, it only means that there was sufficient evidence at the time to lead the officer to believe that the person had more likely than not committed a crime. After collecting evidence and arresting a suspect or issuing a citation, it’s now in the hands of the prosecutor to prove those charges, and the hands of the court to weigh those charges while listening to both the prosecution and defense, and ultimately determine the final sentencing. While movies and TV may exaggerate the police role, our officers do not determine how long someone stays in jail or what crimes someone is convicted of. Further, while some of our favorite shows may depict officers hunting someone down for a warrant, at a justice court level, that’s generally not the case. Our officers do not, and frankly should not, go busting down doors to arrest someone for the vast majority of cases that come before a justice court. Instead, there are other ways to make sure you eventually address your war-
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In The Middle of Everything MAYOR’S MESSAGE CONTINUED rant. One example of this is that the State’s Driver’s License Division may suspend your license if you have a warrant for a driving violation or drug- or alcohol-related offense, and you may face additional fines or consequences. If you have avoided your warrant long enough, you may be taken to jail from a typical traffic stop until a judge is able to speak with you regarding your case. SALT LAKE COUNTY JAIL Lastly, an area that plays into the criminal justice system and how certain cases are treated, is the jail. Since the Salt Lake County jail provides the jail service for every city within our county, this is also an area that is out of the hands of cities. Specifically for Salt Lake County, the jail is almost always at capacity, meaning that they tend to only hold the most violent offenders or those who are likely to flee before being seen in court. When someone is sent to jail, the Sheriff ’s office will determine how long someone stays in jail – a decision that neither police nor prosecutors and, in some instances, even judges don’t control. A COMPLICATED SYSTEM Clearly the criminal justice system is complicated, but it’s built this way to ensure individuals receive their constitutionally protected due process. The system is intended to provide checks and balances and protect the rights of accused individuals. For me, I’m proud that we have a judge and prosecutor who are focused on trying to address the root of a problem rather than just jailing our way out of the challenges we have as a community. While jail serves a purpose, and it’s an option we need to have available, our first resort should be trying to help people make better choices through accountability, incentives and consequences, support, and resources.
MIDVALE . UTAH . GOV
Midvale City Council Approves Station Area Plans to Boost Urban Vitality and Resilience The Midvale City Council approved the Midvale Center & Fort Union Station Area Plan on January 16, 2024. This initiative aligns with the requirements set forth by Utah State Legislature’s House Bill 462 (HB 462), which mandates municipalities with fixed rail guideways to prepare and adopt Station Area Plans (SAP). The focus of the SAP is to provide a clear direction for improvements in urban design, land use, economic development, and walking and biking facilities within a half-mile radius from the Midvale Center and Fort Union TRAX stations. The plan is designed to address specific needs of each station area, building upon Midvale City’s 2016 General Plan and other local and regional plans. Key objectives outlined in accordance with HB 462 include increasing transportation choices and connections, boosting the availability and affordability of housing (including moderate-income housing), promoting sustainable environmental conditions, and enhancing access to opportunities. The approval of the SAP reflects Midvale City’s commitment to achieving these objectives and fostering a more sustainable and inclusive community.
The Station Area Plan underwent a comprehensive community engagement process to gather feedback and insights from various stakeholders. Multiple activities were organized, including an online survey, stakeholders workshop, community workshop, open house, and bi-monthly discussions with the Midvale City Council. This inclusive approach ensured that the plan incorporated the perspectives and concerns of the community, fostering a sense of collective ownership and support. Following the Council’s approval, the next steps involve submitting a request for certification to the Wasatch Front Regional Council (WFRC) and the Utah Transit Authority (UTA). Certification by these entities is a necessary step to ensure compliance with the state requirements outlined in HB 462. The Midvale Center & Fort Union Station Area Plan sets a precedent for thoughtful urban planning and community involvement. Midvale City is poised to make significant strides in sustainable development, transportation, and housing accessibility. This strategic approach reflects a commitment to creating a vibrant and resilient city for current and future generations.
Highlights from January’s City Council Meetings January 2, 2024
January 16, 2024
City Council Members Paul Glover and Heidi Robinson, along with newly elected Council Member Bonnie Billings, were sworn into office for four-year terms on the Midvale City Council. The City Council approved a Federal Aid Agreement between the Utah Department of Transportation (UDOT) and Midvale City for the reconstruction of the bridge of the Jordan and Salt Lake Canal located at roughly 80 East 8000 South. The bridge qualifies for funds from the ‘Bridge Formula Program (BFP)’, a component of the Infrastructure Investment and Jobs Act. The BFP necessitates a 6.77% local match, equating to $203,100 for Midvale City. UDOT will oversee the project. Aaron McKnight, Deputy City Attorney, provided an update to the City Council. Senate Bill 174, passed in 2023, introduced new rules for city subdivision ordinances. It requires cities to limit how many times they can review subdivision applications. The bill also stops city councils from being part of the approval process, and planning commissions can only approve preliminary subdivision applications. Midvale City’s Title 16, the subdivision ordinance, needs updating by February 1, 2024, to follow SB 174.
At the City Council meeting on January 2, 2024, Deputy City Attorney Aaron McKnight discussed the need to update Midvale City’s subdivision ordinance, known as Title 16, by February 1, 2024, to comply with Senate Bill 174. Recognizing the significant changes required by the bill, staff decided to rewrite the entire Title for better clarity and to follow state law. The updated Title 16 makes it easier to distinguish between preliminary and final subdivision applications, outlines the necessary documents for processing, and removes the distinction between “large” and “minor” subdivisions. It fully complies with state law and provides clearer definitions for prohibited land subdivisions. Changes in Title 17 (zoning code) match those in Title 16, and a new Title 18 is created to establish clear standards for infrastructure when developers build public structures dedicated to the city, protecting the city’s interests in roads and sidewalks during the subdivision process. The City Council approved amendments to the Midvale Municipal Code. The State Homeless Shelter Cities Mitigation (HSCM) Fund, established in 2018, aims to alleviate the impact of shelters on host cities. Midvale City, receiving $2,893,318 this fiscal year, plans to use the funds for Shelter Resource Officers,
victim advocates, corridor cleanup, and infrastructure projects. An additional $228,000 was unexpectedly awarded, and Midvale intends to allocate it for bus passes, Narcan, kitchen renovation at the Midvale Family Resource Center (MFRC), facility improvements, and housing application fees. The City Council approved a resolution authorizing the Mayor to direct the additional State Homeless Shelter Cities Mitigation Program funding to the Road Home to use on projects at the Midvale Family Resource Center. The Road Home, MFRC’s operator, will manage the projects. The funds must be utilized by June 30, 2024. The City Council approved the Midvale Center & Fort Union Station Area Plans (see story above/right).
FEBRUARY 2024 CITY NEWSLETTER MIDVALE . UTAH . GOV
Start Off on The Right Paw Salt Lake County Animal Services Owning a pet comes with a few yearly responsibilities that deserve a quick check at the beginning of the year before you get busy, and it slips your mind. Salt Lake County Animal Services recommends the following three tasks: 1. VACCINATE: Pet illnesses and diseases are preventable, make sure your pet is up to date on vaccines and rabies. Call to schedule an appointment with your regular veterinarian. 2. MICROCHIP: Any pet living in Salt Lake County can receive a FREE microchip! Microchipping is a crucial step in reuniting lost pets with their owners quickly. Ensure that your pet’s microchip has current and accurate contact information. This simple act can make a significant difference in the event that your pet goes missing. 3. LICENSE: Utah state law requires all dog owners to license their pup by the time they are five months of age or within 30 days of moving into an area (or acquiring the pet.) Find out more about licensing at AdoptUtahPets.org. Questions? Email animal@slco.org. Or come in, no appointment needed, 511 W 3900 S, SLC, Tue-Sat from 10 AM – 6 PM.
Midvale City Asks Residents to Complete Survey About Their Water Service Line The Midvale City Public Utilities Division is conducting an inventory of water service lines within our community to help residents identify what type of pipes they have. Your water service line is the pipe that runs water from the city main into your home, for which the homeowner is responsible. This initiative is in accordance with the U.S. Environmental Protection Agency’s (EPA) recent update to the Lead & Copper Rule (LCR), which was finalized on December 22, 2020. Per the new rule, community water systems are required to compile and submit an initial service line inventory to the Utah Department of Environmental Quality, Drinking Water Division by October 16, 2024.
Who Should Participate
Everyone who receives drinking water from Midvale City should participate, but if your home was constructed before 1990 we really need you to participate. Please identify your service line material and complete the online survey by the 2024 deadline as mandated by the EPA. By participating you not only gain knowledge about your water service line material, but also contribute to the completion of this important inventory project. Visit EngageMidvale.com/ lead-and-copper to learn more and take the survey.
Take Charge of Today for A Healthier Tomorrow Midvale Senior Center will be holding a wellness conference entitled Take Charge of Today for A Healthier Tomorrow on Tuesday, March 5, from 1:00 pm – 4:00 pm. This conference will be helpful for those dealing with chronic illness such as diabetes, high cholesterol, high blood pressure or anyone who wants to take better charge of their health. Classes include Mind and Body Connection, Move Your Way-An Everyday Guide for A Better Life, Chronic Disease Management and Eating Healthier. Classes will be taught by Valley Behavioral Health, Salt Lake County Health Promotion and USU Extension. Call 385-468-3350 to register.