NOTICE AND AGENDA

Notice is hereby given that the Millville City Council will hold their regularly scheduled council meeting on Thursday, November 9, 2017, at the Millville City Office, 510 East 300 South in Millville, Utah, which meeting shall begin promptly at 7 p.m. (Please note the time given to each agenda item is an approximate time.)

1. Call to Order / Roll Call – Mayor Michael Johnson. 2. Opening Remarks / Pledge of Allegiance – Councilmember Julianne Duffin. 3. Approval of agenda and time allocation. 4. Approval of minutes of the previous meeting – October 26, 2017. 5. Agenda Items—

A. Report on P&Z Meeting held November 2, 2017 – Dev. Coordinator Harry Meadows – 7:03 p.m. B. Consideration for Scheduling Election Canvass Meeting between November 14, 2017 and

November 21, 2017 – 7:05 p.m. C. Request for Business License for Twedt Consulting at 181 East 550 North – Recorder Corey Twedt

– 7:08 p.m. D. Consideration for Scheduling a Public Hearing Regarding Vacating the Public Road Interest in the

property that borders the Cemetery – Mayor Michael Johnson – 7:10 p.m. E. Consideration for Leasing Water Shares for 2018 – Recorder Corey Twedt – 7:20 p.m. F. Review of Business Licenses and Renewals for 2018 – Recorder Corey Twedt – 7:30 p.m. G. 100 North Sidewalk Project – Councilmember Julianne Duffin – 7:40 p.m. H. Bills to be Paid – 7:50 p.m. I. Consideration for desired type of landscaping on North Park south side park strip – Public Works

Director Gary Larsen – 7:55 p.m. J. City Reports – Public Works Director Gary Larsen – 8:00 p.m.

i. Roads ii. Parks

iii. Water K. Councilmember Reports – 8:15 p.m. L. Other items for Future Agendas – 8:25 p.m.

6. Adjournment. In compliance with the American with Disabilities Act, individuals needing special accommodations

(including auxiliary communicative aids and services) during public meetings should notify Corey Twedt at (435) 881-2669 at least three working days prior to the meeting.

Notice was posted on November 6, 2017, a date not less than 24 hours prior to the date and time of the

meeting and remained so posted until after said meeting. A copy of the agenda was sent electronically to the Utah Public Meeting Notices website (http://www.utah.gov/pmn/index.html) on November 6, 2017.

_____________________________ Corey Twedt, Recorder

MILLVILLE CITY COUNCIL MEETING City Hall – 510 East 300 South – Millville, Utah

October 26, 2017 PRESENT: Michael Johnson, Michael Callahan, Cindy Cummings, Julianne Duffin,

Mark Williams, Ryan Zollinger, Tara Hobbs, Harry Meadows, Gary Larsen, Corey Twedt, Jason Allred, Trevyn Davidson, Cole Smith, Gina Tingey, Shanna Zollinger, Daniel Grange, Indiana Judd, Adam Croshaw, Brooke Croshaw

Call to Order/Roll Call Mayor Michael Johnson called the City Council Meeting to order for meeting date at 7 p.m. The roll call indicated Mayor Johnson and Councilmembers Cindy Cummings, Julianne Duffin, Mark Williams and Ryan Zollinger were in attendance with Michael Callahan absent. Also Treasurer Tara Hobbs and Recorder Corey Twedt were present. Opening Remarks/Pledge of Allegiance Mayor Johnson welcomed everyone to the Council Meeting and led all present in the pledge of allegiance. Approval of agenda and time allocations The agenda for the City Council Meeting of October 26, 2017 was reviewed. Councilmember Duffin moved to approve the agenda for October 26, 2017. Councilmember Zollinger seconded. Councilmembers Cummings, Duffin, Williams and Zollinger voted yes with Councilmember Callahan absent. (A copy of the agenda is included as Attachment “A”.) Approval of minutes of the previous meeting The Council reviewed the minutes of the City Council Meeting for October 12, 2017. Councilmember Duffin moved to approve the minutes for October 12, 2017. Councilmember Williams seconded. Councilmembers Cummings, Duffin, Williams and Zollinger voted yes with Councilmember Callahan absent. (A copy of the minutes is included as Attachment “B”.) Report on P & Z Meetings held October 19, 2017 Development Coordinator Harry Meadows reviewed with the Council the Planning Commission’s draft minutes for the meeting held October 19, 2017. (A copy of the draft minutes is included as Attachment “C”.)

Millville City Council Meeting Minutes, October 26, 2017 Page 2 of 11

Shed Setback on Larene’s Place Subdivision Jason Allred has purchased the recently subdivided lot on Larene’s Place Subdivision. He requested to speak with the Council concerning the shed on the lot he purchased. The shed does not meet City setback requirements. Planning and Zoning recommended approval of the subdivision to City Council under the condition that the shed be removed before a building permit was to be issued. From Jason’s measurements, the shed is currently 7 feet from the City right of way and 27 feet from the road. The setback requirement is 30 feet from the City right of way. Mayor Johnson stated that the shed coming down was a condition for approval of the subdivision so that this did not remain a nonconforming lot. A new subdivision provides an opportunity to bring any new development in line with City construction requirements. He said that the shed didn’t have to come down now, but would have to come down before construction started on the new home. Councilmember Callahan arrived at the meeting at this time. Jason Allred asked if he could pay his impact fees now and then build in a couple of years. Mayor Johnson explained that fees needed to be paid at the time building permits were issued. He said that he wasn’t aware of any City regulations that would allow prepayment of the fees. There is a stand-by water fee that can be paid yearly, but that only applies to water service. Councilmember Zollinger said that after reviewing the ordinance, unless some special variance were made, he didn’t see how the shed could be allowed to remain when construction started. The subdivision was approved following the recommendation from Planning and Zoning with the restrictions that were set in place. Even without this condition from Planning and Zoning, the ordinance is very clear and would not allow the shed to remain. Jason Allred could seek a variance from the Board of Adjustment. Mayor Johnson agreed that this was an option, but he didn’t think it likely he would have any luck on this issue. Jason Allred asked if the shed would have to be down before a building permit were issued, because he wanted to use the shed for storage during construction. Both Councilmembers Callahan and Cummings said that the ordinance stated that the shed would need to be gone before any new construction could begin. Jason Allred thanked the Council for their time and consideration. Road Upgrade Requirements for the Logan Baker Subdivision Logan Baker is working on drawings for a new subdivision on the southeast side of the City. At the last Planning and Zoning Meeting, he had asked for a recommendation from the City Council concerning road upgrade requirements in this remote part of the City.

Millville City Council Meeting Minutes, October 26, 2017 Page 3 of 11

Logan was not present at the City Council Meeting. Currently, asphalt goes up near the property and then basically ends there. The question he has is if he subdivides, should he be required to improve the road. He told Mayor Johnson that this would play a factor into whether or not he decided to subdivide. There was some discussion amongst the Council that with the Hunsaker subdivision, road improvements were required, but were not required on the Ripplinger subdivision. Councilmember Duffin noted that the Hunsaker property is on a collector road which is the reason the road improvements were required there. Mayor Johnson noted that he didn’t remember road improvements ever coming before the Council as a decision on the Ripplinger Subdivision. There was some additional discussion on the inconsistency in the past regarding the requirements for road upgrades. Councilmember Zollinger said that there was value in making the decisions on a case-by-case basis as not all areas of town – like the one being discussed tonight – necessarily needed expensive road upgrades. Mayor Johnson said that his recommendation to Logan Baker had been to build his new home now, before subdividing. By doing this, no work on the road could be required and then the decision could be made in the future if he decides to subdivide. Councilmember Zollinger said that he didn’t think the Council should make a decision at this point and should wait until further on in the process when the final plat comes before them for approval. Mayor Johnson said that Logan Baker was just looking for direction and may decide not to subdivide depending on the decision that will be made. Before proceeding, Logan wanted some indication of what would be required of him. Councilmember Cummings said that she was uncomfortable making a decision now since the final plat may come before a new Council in a few months. She was concerned about there being an issue on whether or not the motion made today would be binding. Councilmember Williams said he was not willing to make a motion on speculation. Director Larsen then asked if it was Millville Code that required road improvements for a minor subdivision. It was clarified at this time that there was nothing in the Code, but this requirement is noted in the Manual for Construction and Design. Mayor Johnson explained that this gave the Council some latitude to make the decision for a specific project at the time a developer is seeking approval on a project. Councilmember Zollinger made a motion that Logan Baker not be required to improve the asphalt if he comes forward to seek approval for his subdivision. Councilmember Williams seconded. Councilmembers Williams, Callahan and Zollinger voted yes and Councilmembers Duffin and Cummings abstained. The motion passed. (A copy of the related material is included as Attachment “E”.)

Millville City Council Meeting Minutes, October 26, 2017 Page 4 of 11

Consideration for Cancelling City Council Meeting Scheduled for November 23, 2017 Mayor Johnson said that the regularly scheduled second City Council Meeting in November falls on Thanksgiving Day and that the Council may want to consider cancelling this meeting. Councilmember Williams moved to cancel the City Council Meeting scheduled for November 23, 2017 and authorized the Mayor to approve payment of the bills. Councilmember Cummings seconded. Councilmembers Cummings, Duffin, Callahan, Williams and Zollinger voted yes. Consideration of Ordinance Modification Concerning Home-Based Business Licenses Recorder Twedt reviewed a modification to the Business License Code that would bring the City into compliance with the updated State Code requirements resulting from Senate Bill 81 that was passed this year. The proposed changes to the Millville Code would provide a fee exemption for home-based businesses that did not have an offsite impact that materially exceeded the offsite impact of a primary residential use alone. This was defined as meeting the following requirements:

• No customers or clients will go to the home. • No large equipment, including trailers, will be stored at the home. • Business operations will not impact the neighbors through loud noise, odors, traffic

or other unusual activity. The ordinance change also included an exemption that would not require any business license for minors operating a business occasionally. Recorder Twedt explained that he had researched several other Cities that had made similar changes and as long as the City was requiring that home-based businesses continue to get a business license, this was his suggestion on how to proceed. Mayor Johnson clarified that home businesses that are allowed by City Code, but do not meet the exemption requirements would still be granted a business license. They would just be required to pay the $25 fee. Councilmember Zollinger asked how it would be determined if a business was too loud or the odor was too much of an impact. Recorder Twedt suggested that this would be addressed if neighbors complained. Business licenses would still be approved by the Council each year for renewals as they are done now. The Council will now also review those applying for exemptions and determine if the fee should be waived. Councilmember Duffin moved to approve Ordinance 2017-7 Regarding Business License Fee Exemptions. Councilmember Cummings seconded. Councilmembers Cummings, Duffin, Callahan, Williams and Zollinger voted yes. (A copy of the approved ordinance is included as Attachment “F”.)

Millville City Council Meeting Minutes, October 26, 2017 Page 5 of 11

Glenridge Well Aquifer Storage and Recovery (ASR) Public Works Director Gary Larsen started by giving a brief report on the current condition the Millville water system. He said that overall, the water system was in excellent shape. Over the past several years, the booster system has been replaced, a new pump has been installed at the Park Well and the electrical panel has been updated. Garr Spring has been converted over to municipal use. All of the water meters have been updated to the latest technology and the Nitrate sampling is good until September 2018. The booster pumps are running at about 50% capacity. Councilmember Duffin asked what the Nitrate was at the last sampling in September. Director Larsen said that it was close to 9 mg/L this year. The sampling is required once a year. In Millville it is tested during September as it is only used during the third quarter of the year. With all of the growth, Millville is currently running at approximately 70% of their water capacity. Gary said that the City would need to start looking for some more water to keep up with the growth. Securing additional water should be a top priority for the City. Director Larsen said that the pilot ASR study that was done on the Glenridge Well in 2011 indicates that long-term ASR has a high probability of working here. Gary explained that Brigham City now injects all of their wells and have found a lot of success with this process. He then reviewed the documents that had been provided to the Council giving a summary of ASR and the pilot study that was done. (A copy of the reviewed material is included as Attachment “G”.) For the pilot program, the cost ended up being approximately $80,000. Much of the money came from different sources and organizations since it was a pilot study. Councilmember Callahan expressed concern that if Nitrate levels continue to rise, blending at the Glenridge Well may not remain a viable option to reduce Nitrate. Director Larsen explained that they would be mixing water with a Nitrate level of 0.10 mg/L with the water that is nearing 9 mg/L, so blending should extend the life of the well for quite some time. Larsen reported that the geochemical studies that have been done indicate that septic tanks are a contributor to the elevated Nitrate levels. They know this because the study has detected trace amounts of caffeine and antibiotics that can be tied back to the septic system. Director Larsen said that Mendon had been in a similar situation when they were reporting Nitrate levels around 8 mg/L. In one year, it jumped to 10 mg/L resulting in the water source being shut down until they can resolve the issue. Mendon continues to struggle with this. What Millville would do is put water down into the well during the winter when there is an excess and then withdraw it out during the summer during the peak water season.

Millville City Council Meeting Minutes, October 26, 2017 Page 6 of 11

Two studies were done during the pilot, one short term and then one that spanned a winter. The studies provided enough data that there is a high level of confidence that ongoing ASR would be successful in Millville with the Glenridge Well. The Department of Natural Resources Report has an error in the summary listing the maximum quantity of water that Millville can inject in one season being about 15 ac-ft. Gary said that it should be 105 ac-ft. For a cost frame of reference, many years ago, Millville bought 40 ac-ft. for $2,000 per ac-ft. which would cost more today and was considered a great price back then. By putting 105 ac-ft. into the well, the City would not recapture all of it when taking the water back out, but even with just a portion, the dollar savings is significant. The injected water is excess “free water” from the City’s existing water rights during the winter season. Director Larsen pointed out that since the study had already been completed as part of the pilot program, Millville would save that money when moving forward toward implementation. Larsen then reviewed the graphs on the last page of the handout material that indicate that Nitrate levels continue to rise as time passes and are correlated to population growth. The Nitrate level by year graph indicates that levels will exceed the allowable 10 mg/L in the next several years and that with the population spikes that have been happening the last couple of years, it could happen much sooner. Director Larsen said that to meet all of the requirements and start the ASR program, it would likely cost somewhere between $300,000 and $500,000 minus the $100,000 approximate savings from the studies that have already been completed. He said that it would likely take 3-5 years. Director Larsen listed four tiers for improving the overall water system in Millville:

1) Using the current data, submit for permits to start injecting ASR into the Glenridge Well by October 2018.

2) Upgrade the Glenridge Well pump house, pump, electrical panels, etc. to increase the outflow which currently runs at about 50% capacity. This would cost some money.

3) Apply for additional water rights for the water that would come from the ASR program.

4) Acquire some new property and then dig a new well at some point in the future. Councilmember Duffin discussed the cost of a new well, which is roughly $1,000,000. In addition to the cost of a new well, it becomes increasingly difficult to find locations in Millville where you are far enough away from septic tanks. She said that ASR at Glenridge appeared to be a great value per dollar spent on water. Director Larsen agreed. Councilmember Zollinger stated that there was some risk. Even with the injection, you don’t know how long Nitrate levels will remain at an acceptable level. What the City would be doing is trying to extend the life of that well.

Millville City Council Meeting Minutes, October 26, 2017 Page 7 of 11

Mayor Johnson said that from his opinion, it made sense to move forward on the ASR program. The Council agreed. Mayor Johnson asked that a timeline and budget be created so the Council could consider moving forward with a better understanding of the cost. In addition to J-U-B, other engineering firms have expressed interest in working with Millville on this project. Because of the high cost and small budget the City has, it was suggested that this project go out to bid for the engineering work to ensure the City understands all of the costs and gets the best possible price for the work that would need to be completed. The consensus of the Council was to proceed down the path to further understand the costs. Director Larsen said that he would work on a statement of work that could go out for bid. Bills to be paid The bills were presented. They are as follows: DominionEnergy $35.13UtahLocalGovernmentsTrust $457.55PublicEmployeesHealthProgram $1,285.98Comcast $85.88D&BEquipment $20.10RobertsonManufacturing $153.00CDCConstruction $250.00IndustrialTool&Supply $41.90BlueStakesLocationCenter $388.97Olson&Hoggan,P.C.-CanyonRidgeDebrisArea $1,462.50ACNCommunicationServices,Inc. $14.58Staples $158.76WatkinsPrinting-CheckPaper $212.00WexBank(Maverik) $400.78LeGrandJohnsonConstructionCo.-COG $84,849.13ChadKendrick-SupplyReimbursement $90.60HanceyBackhoeServiceInc. $1,937.50CNHCapital $60.10PayrollRegister $6,586.15

Councilmember Zollinger asked if this was the last of the COG payments. Recorder Twedt said that it was not the last, but that it was close to the last. Councilmember Duffin made a recommendation that the new Council and Mayor go on a water field trip with the Public Works Department as the current Council had done several years ago. She said that this had been very beneficial in helping them understand the Millville water system.

Millville City Council Meeting Minutes, October 26, 2017 Page 8 of 11

Councilmember Duffin moved to pay the bills. Councilmember Cummings seconded. Councilmembers Cummings, Duffin, Callahan, Williams and Zollinger voted yes. City Reports ROADS: Director of Public Works Gary Larsen said that some progress has been made on the Ridgeline High School remaining infrastructure items. Much of it is done or underway. The expectation is that most of the construction should be done this fall. Some concern was stated that they aren’t moving as quickly as they should be. This will be watched closely and addressed with the School Board if necessary. Mayor Johnson reported Sheriff Jensen would be calling Councilmember Zollinger soon to try and resolve the snowplow noise complaints that had come up last winter. Director Larsen reported that the 450/550 North COG Project was nearly complete. In Mond-Aire, Councilmember Duffin, Gary Larsen and Chad Kendrick had met with the developer Ezra Eames to review the list of items that were open and needed to be completed before building permits could be issued for Phase 3. Councilmember Duffin said that it was the same list that the developer has had since January 1st. She quickly reviewed some of the items on the list. Streetlights for Phase 1 and Phase 2 are needed and they are currently waiting on Rocky Mountain Power. The storm water retention park has seen progress and is nearing completion. Blacktop in Phase 3 went down this week. The $42,000 for the Rodgers Agreement still needs to be paid. Councilmember Duffin spoke to Mondelle who expressed concern that Rodgers and the City had signed the agreement and that he hadn’t been a part of it. Councilmember Duffin thought that it was likely that this agreement wouldn’t be resolved very soon and her recommendation was that new home builders not be held up waiting for this to be resolved, but that everything else continue to be required before new building permits are issued. Councilmember Callahan suggested the City write a letter withdrawing the City from the agreement. Director Larsen explained that Rodgers had come to the City to create this developer’s agreement since they had paid for more of the road than was their responsibility. Engineering had come up with the $42,000 that Mondelle was expected to pay when he developed. Sidewalks for Phase 3 were also discussed. The Council was open to allowing building permits to be issued prior to the Phase 3 sidewalks being 100% complete as long as there was a plan for completion. Mayor Johnson said that if the developer portion of the

Millville City Council Meeting Minutes, October 26, 2017 Page 9 of 11

streetlights was completed and everyone was waiting on Rocky Mountain Power, this shouldn’t hold up the homebuilders. The second retention pond was also discussed. There is currently no design and this is not resolved. The consensus of the Council was that this would have to be resolved before any Phase 3 building began as it posed a possible risk for flooding. Adam and Brooke Croshaw were in attendance at the meeting. They are in the process of purchasing land in Phase 3 and are very concerned about the continued delays. Adam said that he feels like the home owners are being punished for Ezra not keeping his commitments and it doesn’t really effect the developer like it does the home owners. Brooke Croshaw also stated her frustration at the current process and delays. Mayor Johnson explained that the only teeth the City has to ensure the project is completed is withholding building permits until all of the requirements have been met. Councilmember Zollinger said that he understood the frustration of not being able to build, but the City has to hold the line and the City can’t take responsibility for lots that were purchased where building permits are currently not allowed. Councilmember Duffin said that even if permits were allowed at this point, she would caution against building in an area where there was currently no electricity or gas. Adam and Brooke said that they understood the standpoint from the City and thanked the Council for continuing to try and help. Director Larsen reported that the new road near the Park Meadows subdivision that will connect 300 North and 450 North is in the process of being staked and surveyed so that the water line can be installed. Larsen said that the road repair on 500 N. 200 E. was now complete. PARKS: Director Larsen said that the splash pad and other areas around Millville are now winterized. Coordinator Meadows reported that he has spoken with the contractor for the splash pad restroom and that the chosen block is on order, but won’t arrive until December. The Council expressed some frustration in how long it would take to arrive since they were under the impression that this specific block was chosen, because it was available right away. Harry also reported that the contractor might still be a week or two before starting the ground work that needed to be done. Councilmember Duffin asked Development Coordinator Meadows to call the contractor and ask them what was taking so long and to try and get things moving.

Millville City Council Meeting Minutes, October 26, 2017 Page 10 of 11

Director Larsen said that the North Park would have a four-foot park strip that would go along 400 North on the south side of the pavilion. He asked for a recommendation from the Council on the landscaping for this park strip. Should it be sod and sprinklers or should it be rock, like the rock used between the sidewalk and tennis courts? After some discussion, it was decided to move this decision to the next City Council Meeting. This would give the Council an opportunity to visit the site and make a better decision. WATER: Director Larsen reported that the Rural Water Association would soon be accepting applications for their education scholarship. Councilmember Reports (A copy of the Councilmember Assignments List is included with the minutes as Attachment “H”.) Councilmember Cummings reported that her husband’s truck had been broken into at their home this week. There have been other reports of theft in Millville as well. The Sheriff’s department has been made aware. Councilmember Duffin reported that the Youth Council would be doing their pumpkin carving service activity on Saturday and asked that the North Pavilion garage doors be locked closed instead of locked open so that the area could be heated. Other items for Future Agendas Development Coordinator Meadows then spoke about some concerns from the Cemetery District Board about the purchase agreement of the land east of the new 200 East Road. From Harry’s research, the City owns the right of way property in question. The City Attorney suggested that the City vacate this area as a public right of way after which they will still own the actual property. Then the sale could continue as planned and the sale price of the property wouldn’t change. To vacate the right of way, the City would need to hold a public hearing providing notice to those involved and write a resolution. Councilmember Duffin expressed concern about reducing the right of way. Because this is a collector road, she said it was likely that it would need to be widened in the future and by reducing the right of way, that would be more difficult. Councilmember Zollinger said that all that would be lost is half a block and then the road could get wider starting at 200 East if needed. After further discussion, it was determined that the road bordering the cemetery could be increased to 34 feet wide even with the smaller right of way.

Millville City Council Meeting Minutes, October 26, 2017 Page 11 of 11

The consensus of the Council was to review a resolution during the next City Council Meeting and then consider scheduling a public hearing. (A copy of the reviewed material is included as Attachment “I”.) Coordinator Meadows then addressed an issue with streetlights in the Copperleaf Subdivision. Meadows had received the placement drawing back from Rocky Mountain Power and has given this to the Hadfields. This drawing had not been followed and the sidewalks were cut to put in the lights. Harry said he isn’t sure why this was done since it would have cost more, it wasn’t necessary and did not follow the prints that indicated the lights should have been installed in the utility easement. Councilmember Zollinger asked that Development Coordinator Meadows contact the developer to better understand why the lights had been placed in those locations. Recorder Twedt said that the election was coming up on November 7th. Adjournment Councilmember Cummings moved to adjourn the meeting. Councilmember Callahan seconded. Councilmembers Cummings, Duffin, Callahan, Williams and Zollinger voted yes. The meeting adjourned at 9:44 p.m.

MILLVILLE PLANNING COMMISSION MEETING

City Hall - 510 East 300 South - Millville, Utah

Nov 2, 2017

1. Roll Call: Chairman Garrett Greenhalgh, Commissioners Bonnie Farmer, Lynette Dickey, Rachel

Thompson, Larry Lewis, and Natalie Smith (Alt.).

Others Present: Development Coordinator Harry Meadows, Treasurer Tara Hobbs, Councilman Michael

Callahan, Clay Wilker, Wendy Wilker, Craig Kendrick, Lance Zollinger, Ethan Zollinger and

Chad Kendrick. Secretary Adria Davis recorded the minutes.

2. Opening Remarks/Pledge of Allegiance

Chairman Greenhalgh opened the meeting at 8:01 p.m.

He led those present in the Pledge of Allegiance.

3. Review and Approval of agenda

The agenda for the Planning Commission meeting of Nov 2, 2017 was reviewed. A motion was

made by Commissioner Dickey to approve the agenda as outlined. Commissioner Smith (Alt.)

seconded. Commissioners Farmer, Greenhalgh, Dickey, Thompson, Lewis and Smith (Alt.)

voted yes.

4. Review and Approval of the Minutes of the Planning Commission Meeting

The minutes for the meeting of Oct 19, 2017 were reviewed. A motion was made by

Commissioner Lewis to approve the minutes as outlined. Commissioner Farmer seconded.

Commissioners Farmer, Greenhalgh, Dickey, Thompson, Lewis and Smith (Alt.) voted yes.

5.A. Consideration of zoning clearance for a building permit by Global Property 2014 for a

Commercial building to be located at 1200 W 950 N in Millville, UT.

This building will be similar to the other ones they have built only slightly smaller.

Commissioner Dickey made a motion to approve the zoning clearance. Commissioner Lewis

seconded. Commissioners Farmer, Greenhalgh, Dickey, Thompson, Lewis and Smith (Alt.) voted yes.

5.B. Consideration of zoning clearance for a building permit by Craig Kendrick for a storage

shed to be located on the property at 335 E 600 N, CopperLeaf Lot #22, in Millville, UT.

Mr. Kendrick sold 2 feet of his property to his neighbor, thus altering the boundary line. A new map

showing the property line adjustments is included with the minutes. He listed the new measurements

on the application showing the shed as 30’.

Commissioner Lewis made a motion to approve the zoning clearance. Commissioner Thompson

seconded. Commissioners Farmer, Greenhalgh, Dickey, Thompson, Lewis and Smith (Alt.) voted yes.

6.A. Form Based Code Section 6 Landscape

Suggested Corrections:

Millville City Planning Commission Minutes, Nov 2, 2017, Continued

Page 2 of 2

Pg. 7 (3.2. 5.) Remove everything from middle of paragraph “Spacing for trees . . . view of adjacent

buildings”

Move sentence “Park strip widths . . .” to pg. 6 at end of (3.2. 3. 2a) paragraph regarding Park

Strip.

Pg. 27 (6.1. 2. 3.) Change “3.0 Street Types” to “this section”.

(6.1. 2. 4.) Delete 4 Temporary Uses entirely. Renumber remaining list accordingly.

(6.1. 2. 6.) Change “Refer to section 3.0 Street Types and” to “As outlined in this section and

according to”

Pg. 28 Plant Material Type Chart – Delete Multi Trunk and Evergreen Tree from the list.

(6.2. 3. 4b) Delete “fruit,”

(6.2. 5. 3c) Delete items in parentheses “refer to . . .”

Pg. 29 (6.2. 5. 4.) Delete 4 Tree Size entirely. Renumber remaining list accordingly.

(6.2. 5. 5a) Change sentence to read “Medium Trees shall be planted 20 feet apart.”

(6.2. 5. 6.) Change “18 trees” to “A minimum of 10 trees”

Delete 1 and 2 (Medium and Large Trees)

(6.2. 6. 2.) Delete “Non residential”

Pg. 30 (6.3. 2. 5.) Delete 5 Identity Elements entirely.

(6.3. 3. 4bi) Delete reference to Large Trees.

(6.3. 3. 6.) Change “Street Tree Lists” to “Street Tree Types”

Insert “Small and Medium Trees permitted, see table below for examples”

This item will be continued to the next meeting.

6.B. City Council Report – review minutes from the Oct 26, 2017 meeting

No comments were made.

6.C. Agenda Items for Next Meeting

Form Based code – Section 6 (Landscape) and Section 7 (Parking)

6.D. Other

Harry mentioned that we currently have no impact fees for Commercial building. This may need to be

reviewed for future development as new buildings effect roads and water.

The Fall Social has been changed to now be held at Elements. It will be on Nov. 18, 2017 at 6:30 pm.

7. Calendaring of future Planning and Zoning Meeting

The next regularly scheduled meeting will be held Thursday Nov 16, 2017.

8. Adjournment

Chairman Greenhalgh moved to adjourn the meeting at 9:41 p.m.

Business License ApplicationFor businesses with a permanent physical location within the Millville City limits.This is not the application for special events, temporary businesses or solicitors.

License No.Date Received

SECTION I: Business Information

Application Contact: Contact Ph:

A. Business Name “DBA”:

B. Business Location: Millville, UT 84326Street Address (include unit #)

C. Mailing Address: Same as “B. Business Location”ATTN: Street (include unit#)/PO Box address City, State, Zip

D. Local Business Ph: www:

SECTION II: Business Description — General

This Business Includes:COMMERCIAL HOME BUSINESS

Yes NoPlease Note:A home business does not change the aestheticcharacter of the area and zone.

Signage

Alcohol sales and/or services

Live entertainment on-site

Door-to-door solicitation

Fireworks sales on-site

Vending machines on-site

On-site secondary business

On-site events (ie. community partyparking lot/sidewalk sales)

Investment advice and/or service

Pesticides use and storage

Hazardous materials use and storage

Vehicle sales

Firearms or explosives sales

Care of children or preschool

Any construction jobs over $1,000

Piercing, tattooing, perm, make-up

Used merchandise transactions

Changes to existing garbage service

Electrical, plumbing, structural, ormechanical changes to site

Vehicles, trailers, mowers, etc.(stores on site)

Millville CityPO Box 308

510 East 300 SouthMillville, Utah 84326

(435) 750-0924 FAX (435) 750-6206www.millvillecity.org

CHECK APPLICABLE BOXCommercial New Application

Home Business Application Amendment

CHANGE OF:Ownership

Address

Business Name

Business Description

Fax:

Type of Operation: (mark all that apply)

Sales/Service: Customers typically come on site

Sales/Service: Customers rarely come on-site

Service no sales

Fresh food service and/or preparation

Manufacturing

Medical/dental

Daycare

Instruction

Preschool

Other:

Building/plaza:Is this a secondary use within an existingbusiness location?

Yes, in No

Hours of Operation:

Previous use of location:

On-site customers? Yes

If yes,Up to how many per day?Up to how many per week?Where will they park?

No

On-site business will be performed from a:(mark all that apply)

Home office

Desk and chair

Shed/out building

Other:

Garage/storage room

Carport/driveway

Vehicle

On-site employees? Yes

If yes,Up to how many?Where will they park?

No

Working hours?

Do you intend to set-up off-site?(i.e.in parking lot, at festivals, within stores)

Yes No

Proposed start date:

SECTION III: Business Description — Specific (attach additional pages if necessary)

(complete the commercial or the Home Business AND the far right column)

MILLVILLEES

TABLISHED 1860

E. Utah State Tax Commission — Sales Tax Number:

F. State & federal regulatory agency licensing info:

Not applicable

Not applicable(Not referring to an EIN or entity number)

H. Previous Business Name:

I. Previous Business Location:

SECTION V: Ownership (Parent business entity and business officer information)

Parent Entity

Officers (1)

Parent Business Name: same as “A. Business Name DBA”

State Entity Type:

Sole Prop./Partnership LLC Corporation

Officer Name:

Home Address:Street (include unit #) / PO Box Address City, State, ZIP

SECTION IV: Additional Information

Not applicable

Not applicable

Completely PartiallyG. Did you use “One-Stop Online Business Registration” to Register your business with state and federal agencies?

Not at all I do not know — someone else did it

Sole Proprietorship Partnership LLC Corporation Non-Profit Corporation (w/501 c3 letter)

PresidentDirectorOfficerLocal Manager

MemberManagerLocal Manager

OwnerLocal ManagerContact Ph.

This person can be contacted in the event of an after-hours police or fire emergency.

Officers (2) Sole Prop./Partnership LLC Corporation

Officer Name:

Home Address:Street (include unit #) / PO Box Address City, State, ZIP

PresidentDirectorOfficerLocal Manager

MemberManagerLocal Manager

OwnerLocal ManagerContact Ph.

This person can be contacted in the event of an after-hours police or fire emergency.

SECTION VI: Notification and Verification of Authority

1) Mandatory review process – this application does not constitute a business license. All applications are subject to the review process mandated by Title 5 of the Municipal Code. Incomplete applications will not be processed. Decisions on applications will take 15 days (minimum), and are made based on: (i) the information provided on the application, and (ii) review of the Mayor and City Council2) Additional Requirements – Under the Municipal Code, additional Business License application requirements are necessitated for some business types.3) Denial of License – Application denial or subsequent license suspension or revocation are most often the result of: (i) an inaccurate or incomplete application, or failure to update information with the City and/or (ii) non- compliance with the Municipal Code, Land Use Code, and/or applicable building, fire, and environmental codes.4) Other regulatory bodies – It is the applicant’s responsibility to determine and comply with any requirements from other regulatory agencies.5) Signage – Permanent signage requires a separate Sign Permit Application, which is located on the city web site, Millvillecity.org.6) Building alterations – All alterations to buildings or spaces, including electrical, plumbing, and mechanical alterations, require a separate building application.

I/We hereby agree to conduct said business strictly in accordance with the business license regulations as set forth in the Millville City Code, and swear under penalty of law the information contained herein is true.

Signature of Owner/Authorized Agent Printed Name Date

SECTION VII: For administration use only

Classification:

Conditional Use: (If box is checked see conditions)

PAYMENT TYPE

Conforming Non-Conforming Child Care Home Business Low Impact Medium Impact

FEES $25.00 RECEIPT

Yes No City Council grants permission Signature: Date:

Agree Do not agree Signature: Date:

HOME-BASEDBUSINESSFEEEXEMPTIONCERTIFICATIONBusinessName_______________________________________________________OwnerName__________________________________________________________BusinessAddress_____________________________________________________IherebyattestthatthebusinessoperationsIrunfrommyhomedonotcreateanyadditionaloffsiteimpactsinmyneighborhood.Iseenoclientsorcustomersandrequirenoofforonstreetparking,nolargeequipmentisstoredatmyhomeandmybusinessoperationswillnotimpacttheneighborsthroughloudnoise,odors,trafficorotherunusualactivity.OtherreasonsastowhyIbelievethatmybusinessqualifiesforafeeexemptionfromtheMillvilleCitybusinesslicenserequirements(MillvilleCode5.04.140)areasfollows:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Foralloftheforegoingreasons,Iherebyrequestthatmyhome-basedbusinessbegrantedexemptstatusfromthebusinesslicensefee._____________________________________________________________________________________ Signature Date

RESOLUTION 2017 –

RESOLUTION VACATING THE PUBLIC ROAD INTEREST BORDERING THE MILLVILLE CEMETERY

WHEREAS, an agreement has been drafted for Millville City to sell 2.939 acres of land

located at 200 East and 100 North to the Millville-Nibley Cemetery; and WHEREAS, the City Council held a public hearing on June 22, 2017 regarding the sell of

said property; and WHEREAS, it has been determined that it is necessary to vacate the public right of way

that borders the north side of the Cemetery property; and WHEREAS, the City Council held a public hearing regarding the vacation of this public

road interest on November x, 2017; and WHEREAS, the included boundary line adjustment agreement between Millville City

and Janet F. Alder has been signed and recorded designating the updated property alignments;

THEREFORE, IT IS HEREBY RESOLVED, the attached Real Estate Purchase Contract with an offer to sell 2.939 acres of property located at 200 East and 100 North includes the property that was vacated as City Right of Way.

Approved and passed by the Millville City Council this xxth day of November, 2017.

BY: _______________________________ Michael E. Johnson, Mayor ATTEST: ______________________________ Corey Twedt, City Recorder COUNCILMEMBER YES NO ABSENT ABSTAIN Michael Callahan Cindy Cummings Julianne Duffin Mark Williams Ryan Zollinger

Page 1 of 6 Buyer’s Initials Date Seller’s Initials Date

REAL ESTATE PURCHASE CONTRACT FOR LAND

This REAL ESTATE PURCHASE CONTRACT (the “Contract”), is entered into by and between Millville City, a Utah municipal corporation (“Seller” or the “City”), and the Millville-Nibley Cemetery, a Utah Cemetery Maintenance District (“Buyer”).

RECITALS

WHEREAS, the City owns a parcel of real property described more particularly in paragraph 1 below (“Property”)

which it believes is in the best interests of the City and its citizens to sell to Buyer; WHEREAS, Buyer wishes to purchase from Seller the Property at fair market value as determined by an appraisal

obtained by the City; WHEREAS, a public hearing in front of the City Council to receive public input on selling the Property to Buyer has

been scheduled; WHEREAS, the City cannot sell the Property to Buyer until after a public hearing and adoption of a resolution of

the City Council approving the sale; and WHEREAS, the City wishes to enter into a conditional agreement with Buyer to sell the Property to Buyer so long

as the required conditions of approval are obtained;

WITNESSETH: NOW, THEREFORE, in consideration of the above premises, the mutual covenants and promises set forth in this

Contract and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows: 1. PROPERTY: Tax Id No. 03-030-0087, more particularly described as:

A PARCEL OF GROUND LOCATED IN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 11 NORTH, RANGE 1 EAST OF THE SALT LAKE BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE MONUMENT FOUND IN THE INTERSECTION OF 100 NORTH AND 250 EAST STREETS IN MILLVILLE CITY, UTAH, FROM WHICH THE CENTERLINE MONUMENT FOUND IN THE INTERSECTION OF 100 NORTH AND 300 EAST STREETS BEARS SOUTH 89”54’00° EAST 364.00 FEET; AND RUNNING THENCE SOUTH 37”06’36° WEST 31.31 FEET TO THE TRUE POINT OF BEGINNING, BEING A FOUND REBAR AT A POINT DESCRIBED OF RECORD AS BEING 50 RODS 3 FEET SOUTH AND 59.33 RODS WEST OF THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 11 NORTH, RANGE 1 EAST OF THE SALT LAKE BASE AND MERIDIAN, SAID POINT IS ALSO 33 FEET NORTHERLY OF A POINT DESCRIBED OF RECORD AS BEING LOCATED SOUTH 864.5 FEET AND WEST 979.84 FEET FROM THE NORTHEAST CORNER OF SECTION 22, AND RUNNING THENCE SOUTH 00”15’21° EAST 449.64 FEET (SOUTH 00”19’20° EAST 449.5 FEET BY RECORD); THENCE NORTH 89”49’53° WEST (NORTH 89”57’50° WEST BY RECORD) 314.84 FEET TO A NON-TANGENT POINT ON A CURVE, OR WHICH THE RADIUS POINT BEARS SOUTH 89”40’51° EAST 267.00 FEET; THENCE NORTHERLY 92.55 FEET ALONG THE ARC OF A 267.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 19”51’39° AND A LONG THAT BEARS NORTH10”14’59° EAST 92.09 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHERLY 117.32 FEET AMONG THE ARC OF 333.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 20”11’07° AND A LONG THAT BEARS NORTH 10”05’15° EAST 116.71 FEET; THENCE NORTH 00”00’19° WEST 243.67 FEET TO THE SOUTH LINE OF 100 NORTH STREET; THENCE SOUTH 89”54’00° EAST ALONG SAID SOUTH LINE 275.82 FEET TO THE POINT OF BEGINNING, CONTAINING 2.939 ACRES.

Page 2 of 6 Buyer’s Initials Date Seller’s Initials Date

2. PURCHASE PRICE. The Purchase Price for the Property is $166,500.00. Except as provided in this Section, the Purchase Price shall be paid as provided in Sections 2(a) through 2(c) below. $ N/A (a) Earnest Money Deposit. Under certain conditions described in the REPC, this deposit may

become totally non-refundable. $ 166,500.00 (b) Balance of Purchase Price in Cash Settlement. $ 166,500.00 (c) PURCHASE PRICE. Total of lines (a) through (b). 3. SETTLEMENT AND CLOSING. 3.1 Settlement. Settlement shall take place no later than the Settlement Deadline referenced in Section 25(c), or as otherwise mutually agreed by Buyer and Seller in writing. “Settlement” shall occur only when all of the following have been completed: (a) Buyer and Seller have signed and delivered to each other or to the escrow/closing office all documents required by the REPC, by the title insurance and escrow/closing offices, by written escrow instructions (including any split closing instructions, if applicable), or by applicable law; (b) any monies required to be paid by Buyer or Seller under these documents have been delivered by Buyer or Seller to the other party, or to the escrow/closing office, in the form of cash, wire transfer, cashier’s check, or other form acceptable to the escrow/closing office. 3.2 Prorations. All prorations, including but not limited to, property taxes for the current year, rents, and interest on assumed obligations, if any, shall be made as of the Settlement Deadline referenced in Section 25(c), unless otherwise agreed to in writing by the parties. Such writing could include the settlement statement. The provisions of this Section 3.2 shall survive Closing. 3.3 Reserved. 3.4 Special Assessments. Any assessments as assessed by a municipality or special improvement district, prior to the Settlement Deadline shall be paid for by: [X] Seller [ ] Buyer [ ] Split Equally between Buyer and Seller [ ] Other (explain) 3.5 Fees/Costs/Payment Obligations. Unless otherwise agreed to in writing, Seller and Buyer shall each pay one-half (1/2) of the fee charged by the escrow/closing office for its services in the settlement/closing process. The provisions of this Section 3.5 shall survive Closing. 3.6 Closing. For purposes of the REPC, “Closing” means that: (a) Settlement has been completed; and (b) the applicable Closing documents have been recorded in the office of the county recorder. The actions described in 3.6 (b) shall be completed within four calendar days after Settlement. 4. POSSESSION. Seller shall deliver physical possession of the Property to Buyer as follows: [ X ] Upon Closing: [ ] Hours after Closing; [ ] Calendar days after Closing; [ ] Other (explain) Buyer shall be responsible for insurance coverage for the Property after Closing. 5. TITLE INSURANCE. 5.1 Title to Property. Seller represents that Seller has fee title to the Property and will convey marketable title to the Property to Buyer at Closing by Special Warranty Deed subject to the following: (a) any encumbrances or interests listed or shown on the Preliminary Title Report or on the public record; (b) easements, or claims of easements, not shown by the public records; (c) encroachments, or questions of location, boundary, and area which are dependent upon a correct survey or inspection of the premises for determination; (d) unpatented mining claims; reservations or exceptions, water rights, claims, or title to water in patents or in acts authorizing the issuance thereof; (e) use restrictions and building and zoning regulations and ordinances of any governmental unit. Buyer does agree to accept title to the Property subject to the contents of the Commitment for Title Insurance (the “Commitment”) provided by Seller under Section 5.2, and as reviewed and approved by Buyer under Section 7. The provisions of this Section 5.1 shall survive Closing. 5.2 Title Insurance. At Settlement, Seller agrees to pay for and cause to be issued in favor of Buyer, through the title insurance agency that issued the Commitment, the most current version of an ALTA standard coverage owner’s policy of title insurance. Any additional title insurance coverage desired by Buyer shall be at Buyer’s expense. 6. SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 25(a), Seller shall provide to Buyer the following documents in hard copy or electronic format which are collectively referred to as the "Seller Disclosures":

(a) a Commitment for Title Insurance as referenced in Section 5.1; (b) Other (specify) None

7. CONDITIONS OF PURCHASE.

Page 3 of 6 Buyer’s Initials Date Seller’s Initials Date

7.1 BUYER’S DUE DILIGENCE CONDITION. Buyer’s obligation to purchase the Property: [X] IS [ ] IS NOT conditioned upon Buyer’s Due Diligence as defined in this Section 7.1(a) below. This condition is referred to as the “Due Diligence Condition.” If checked in the affirmative, Section 7.1 (a) through 7.1(c) apply; otherwise they do not.

(a) Due Diligence items. Buyer’s Due Diligence shall consist of Buyer’s review and approval of the contents of the Seller Disclosures referenced in Section 6, and any other tests, evaluations and verifications of the Property deemed necessary or appropriate by Buyer, such as: the physical condition of the Property; the existence of any hazardous substances, environmental issues or geologic conditions; the square footage or acreage of the Property; the costs and availability of flood insurance, if applicable; water source, availability and quality; the location of property lines; regulatory use restrictions or violations; fees for services, municipal services, and utility costs; convicted sex offenders residing in proximity to the Property; and any other matters deemed material to Buyer in making a decision to purchase the Property. Unless otherwise provided in the REPC, all of Buyer’s Due Diligence shall be paid for by Buyer and shall be conducted by individuals or entities of Buyer’s choice. Seller agrees to cooperate with Buyer’s Due Diligence. Buyer agrees to pay for any damage to the Property resulting from any such inspections or tests during the Due Diligence.

(b) Buyer’s Right to Cancel or Resolve Objections. If Buyer determines, in Buyer’s sole discretion, that the results of the Due Diligence are unacceptable, Buyer may either: (i) no later than the Due Diligence Deadline referenced in Section 25(b), cancel the REPC by providing written notice to Seller; or (ii) no later than the Due Diligence Deadline referenced in Section 25(b), resolve in writing with Seller any objections Buyer has arising from Buyer’s Due Diligence.

(c) Failure to Cancel or Resolve Objection. If Buyer fails to cancel the REPC or fails to resolve in writing any objections Buyer has arising from Buyer’s Due Diligence, as provided in Section 7.1(b), Buyer shall be deemed to have waived the Due Diligence Condition. 7.2 SELLER’S COUNCIL APPROVAL CONDITION. Seller’s obligation to sell the Property to Buyer is conditioned upon the receipt of the Millville City Council’s approval of the sale following the completion of any and all requirements under applicable state and local ordinances governing the sale of real property by the City, including but not limited to, a public hearing held on the matter. If for any reason the Millville City Council does not approve of the sale of the Property to Buyer under the terms of this Contract, Seller may, in Seller’s sole discretion, cancel and terminate this Contract by providing written notice to Buyer. 8. NO LIABILITY ON PROPERTY. 8.1

(a) Seller shall not at any time or to any extent whatsoever be liable, responsible, or in any way accountable for any loss, injury, death, or damage to persons or property, from any cause or causes whatsoever, which at any time may be suffered or sustained by Buyer or by any person whosoever at any time using, occupying or visiting the Property or be in, on or about the same or the sidewalks and driveways adjacent and Buyer agrees to indemnify and save Seller harmless from any and all claims, liabilities, losses, damages, costs, and expenses whatsoever arising out of any such loss, injury, death, or damage. 8.2 The provisions of Section 8.1 shall survive Closing. 9. ADDENDA. There [ ] ARE [X] ARE NOT addenda to the REPC containing additional terms. If there are, the terms of the following addenda are incorporated in the REPC by this reference: [ ] Addendum No. ______ [ ] Seller Financing Addendum [ ] Other (Specify) 10. AS-IS CONDITION OF PROPERTY. 10.1 Condition of Property/Buyer Acknowledgements. Buyer acknowledges and agrees that in reference to the physical condition of the Property: (a) Buyer is purchasing the Property in its “As-Is” condition without expressed or implied warranties of any kind; (b) Buyer shall have, during Buyer’s Due Diligence as referenced in Section 7.1, an opportunity to completely inspect and evaluate the condition of the Property; and (c) if based on the Buyer’s Due Diligence, Buyer elects to proceed with the purchase of the property, Buyer is relying wholly on Buyer’s own judgment and that of any contractors or inspectors engaged by Buyer to review, evaluate and inspect the Property. Buyer agrees to promptly deliver copies to Seller of all soils, environmental, engineering or other studies Buyer conducts or procures with respect to the Property. Buyer further acknowledges the following: “AS-IS” NATURE OF SALE. BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (A) THE VALUE, NATURE QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL

Page 4 of 6 Buyer’s Initials Date Seller’s Initials Date

AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OR ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIRS OR LACK OF REPAIR OF THE PROPERTY; AND (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING WITHOUT LIMITATION THE PRESENCE OF ANY ASBESTOS, PETROLEUM AND PETROLEUM BY-PRODUCTS, UREA FORMALDEHYDE FOAM INSULATION, POLYCHLORINATED BIPHENYLS, RADON, ANY AND ALL SUBSTANCES NOW OR HEREAFTER DESIGNATED AS “HAZARDOUS SUBSTANCES,” “SOLID WASTES,” “TOXIC POLLUTANT,” “POLLUTANT” AS DEFINED BY ANY “ENVIRONMENTAL LAWS,” AND ANY SUBSTANCE NOW OR HEREAFTER REGULATED BY ANY “ENVIRONMENTAL LAWS” (SAID SUBSTANCES ARE COLLECTIVELY HEREIN DEFINED AS “ENVIRONMENTAL CONTAMINANTS”). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN “AS IS” CONDITION AND BASIS WITH ALL FAULTS. ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY BUYER SUBJECT TO THE FOREGOING AND ANY SPECIFIC DISCLOSURES MADE PURSUANT TO ANY OTHER PARAGRAPH OF THIS AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING. BUYER AGREES THAT ANY DISCLOSURE BY SELLER DOES NOT IMPLY THAT SELLER HAS DISCLOSED ALL INFORMATION CONCERNING THE PROPERTY, NOR DOES ANY DISCLOSURE CREATE AN OBLIGATION UPON SELLER TO DISCLOSE ALL INFORMATION CONCERNING THE PROPERTY. 10.2 Condition of Property/Seller Acknowledgements. Seller acknowledges and agrees that in reference to the physical condition of the Property, Seller agrees to deliver the Property to Buyer in substantially the same general condition as it was on the date of Acceptance, as defined in Section 23. The provisions of Sections 10.1 and 10.2 shall survive Closing. 11. CLOSING DOCUMENTS. The parties have agreed to use the attached Special Warranty Deed at Closing which is attached and incorporated by reference. 12. CHANGES DURING TRANSACTION. Seller agrees that from the date of Acceptance until the date of Closing, none of the following shall occur without the prior written consent of Buyer: (a) no changes in any leases, rental or property management agreements shall be made; (b) no substantial alterations or improvements to the Property shall be made or undertaken; (c) no further financial encumbrances to the Property shall be made, and (d) no changes in the legal title to the Property shall be made. 13. AUTHORITY OF SIGNERS. If Buyer or Seller is a corporation, partnership, trust, estate, limited liability company or other entity, the person signing the REPC on its behalf warrants his or her authority to do so and to bind Buyer and Seller. 14. COMPLETE CONTRACT. The REPC together with its addenda, any attached exhibits, and Seller Disclosures (collectively referred to as the “REPC”), constitutes the entire contract between the parties and supersedes and replaces any and all prior negotiations, representations, warranties, understandings or contracts between the parties whether verbal or otherwise. The REPC cannot be changed except by written agreement of the parties. 15. MEDIATION. Any dispute relating to the REPC arising to or after Closing: [ ] SHALL [ X ] MAY AT THE OPTION OF THE PARTIES first be submitted to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and share equally in the cost of such mediation. If mediation fails, the other procedures and remedies available under the REPC shall apply. Nothing in this Section 15 prohibits any party from seeking emergency legal or equitable relief, pending mediation. The provisions of this Section 15 shall survive Closing. 16. DEFAULT.

Page 5 of 6 Buyer’s Initials Date Seller’s Initials Date

16.1 Buyer Default. If Buyer defaults, Seller may elect one of the following remedies: (a) cancel the REPC and retain the Earnest Money Deposit, or Deposits, if applicable, as liquidated damages; (b) maintain the Earnest Money Deposit, or Deposits, if applicable, in trust and sue Buyer to specifically enforce the REPC; or (c) return the Earnest Money Deposit, or Deposits, if applicable, to Buyer and pursue any other remedies available at law. 16.2 Seller Default. If Seller defaults, Buyer may elect one of the following remedies: (a) cancel the REPC, and in addition to the return of the Earnest Money Deposit, or Deposits, if applicable, Buyer may elect to accept from seller, as liquidated damages, a sum equal to the Earnest Money Deposit, or Deposits, if applicable; or (b) maintain the Earnest Money Deposit, or Deposits, if applicable, in trust and sue Seller to specifically enforce the REPC; or (c) accept a return of the Earnest Money Deposit, or Deposits, if applicable, and pursue any of the remedies available at law. If Buyer elects to accept the liquidated damages, Seller agrees to pay the liquidated damages to Buyer upon demand. 17. ATTORNEY FEES AND COSTS/GOVERNING LAW. In the event of litigation or binding arbitration to enforce the REPC, the prevailing party shall be entitled to costs and reasonable attorney fees. However, attorney fees shall not be awarded for participation in mediation under Section 15. This contract shall be governed by and construed in accordance with the laws of the State of Utah. The provisions of this Section 17 shall survive Closing. 18. NOTICES. Except as provided in Section 23, all notices required under the REPC must be: (a) in writing; (b) signed by the Buyer or Seller giving notice; and (c) received by the Buyer or the Seller, or their respective agent, no later than the applicable date referenced in the REPC. 19. NO ASSIGNMENT. The REPC and the rights and obligations of Buyer hereunder, are personal to Buyer. The REPC may not be assigned by Buyer without the prior written consent of Seller, which consent is in Seller’s sole discretion. 20. RISK OF LOSS. If prior to Closing, any part of the Property is damaged or destroyed by fire, vandalism, flood, earthquake, or act of God, the risk of such loss or damage shall be borne by Seller; provided however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the Purchase Price referenced in Section 2, Buyer may elect to either: (i) cancel the REPC by providing written notice to the other party, in which instance the Earnest Money, or Deposits, if applicable, shall be returned to Buyer; or (ii) proceed to Closing, and accept the Property in its “As-Is” condition. 21. TIME IS OF THE ESSENCE. Time is of the essence regarding the dates set forth in the REPC. Extensions must be agreed to in writing by all parties. Unless otherwise explicitly stated in the REPC: (a) performance under Section 25(c) of the REPC which references a date shall absolutely be required by 5:00 PM Mountain Time on the stated date; and (b) the term “days” and “calendar days” shall mean calendar days and shall be counted beginning on the day following the event which triggers the timing requirement (e.g. Acceptance). Performance dates and times referenced herein shall not be binding upon title companies, lenders, appraisers and others not parties to the REPC, except as otherwise agreed to in writing by such non-party. 22. ELECTRONIC TRANSMISSION AND COUNTERPARTS. Electronic transmission (including email and fax) of a signed copy of the REPC, and addenda and counteroffers, and the retransmission of any signed electronic transmission shall be the same as delivery of an original. The REPC and any addenda and counteroffers may be executed in counterparts. 23. ACCEPTANCE. “Acceptance” occurs only when all of the following have occurred: (a) Seller or Buyer has signed the offer or counteroffer where noted to indicate acceptance; and (b) Seller and Buyer or their agent has communicated to the other party or to the other party’s agent that the offer or counteroffer has been signed as required. 24. ATTORNEYS REPRESENTING SELLER. Buyer acknowledges that it has been advised that the firm of Olson & Hoggan, P.C. represents Seller. Buyer acknowledges and agrees that the attorneys have advised Buyer to seek separate counsel prior to entering into this Contract to advise Buyer relative to the terms hereof. 25. CONTRACT DEADLINES. Buyer and Seller agree that the following deadlines shall apply to the REPC: (a) Seller Disclosure Deadline June 9, 2017 (b) Due Diligence Deadline June 19, 2017 (c) Settlement Deadline June 29, 2017 26. INCORPORATION OF RECITALS. The Recitals set forth above are incorporated into this Contract by this reference.

Page 6 of 6 Buyer’s Initials Date Seller’s Initials Date

[SIGNATURES FOLLOW]

SELLER: MILLVILLE CITY, a Utah Municipal Corporation By:________________________________ Its: Mayor BUYER: MILLVILLE-NIBLEY CEMETERY, a Utah Cemetery Maintenance District By:________________________________ Its:

J:\MPJ\Cities\Millville\200 East Property Sale\Millville.REPC.4.docx N-4619.11A

AsofLessee # of shares Address Lease Agreement Dates May-17

Robert Carpenter 2 75 East 100 North January 1, 2014 to December 31, 2017Michael C. Callahan 1 180 East Center January 1, 2014 to December 31, 2017Mike and Dawnette Hunter 3/4 59 North Main January 1, 2014 to December 31, 2017Kurt Chaffin 1 10 East 300 North January 1, 2015 to October 31, 2017Delfino Torres 1 105 North Main January 1, 2015 to October 31, 2017James and Bonnie Schultz 1 150 East Center January 28, 2016 to October 31, 2017Larry Lewis 2 40 North 100 East January 28, 2016 to October 31, 2017Beverly Kreipl 1/2 235 East 300 South January 1, 2017 to October 31, 2017Paul and Rebecca Mansfield 2 189 North100 West January 1, 2017 to October 31, 2017

Total Shares Leased 11 1/4Total Shares Owned 14 1/4

Shares Not Leased 3

Paul Goff 2 510 North Main January 1, 2015 to December 31, 2017Paul Goff 2 510 North Main January 1, 2016 to October 31, 2017Brian Jensen 1/2 650 North Main January 1, 2017 to October 31, 2017Peter and Jennifer Whelan 1/2 66 East 650 North January 1, 2016 to October 31, 2017

Total Shares Leased 5Total Shares Owned 8 10/27

Shares Not Leased 3 10/27

Kelly Rowser 3 175 South Main January 1, 2015 to October 31, 2017Total Shares Leased 3Total Shares Owned 3

Shares Not Leased 0

Used by City 27 5/12Total Shares Leased 0Total Shares Owned 27 5/12

Shares Not Leased 27 5/12

*Not currently being used 1Total Shares Leased 0Total Shares Owned 1

Shares Not Leased 1

MILLVILLE IRRIGATION COMPANY

PROVIDENCE IRRIGATION COMPANY

WATER SHARES OWNED/ LEASED BY MILLVILLE CITY

SPRING CREEK IRRIGATION COMPANY

GARR SPRING IRRIGATION COMPANY

SMITHFIELD IRRIGATION COMPANY

AsofCertificate No. No. of shares Date May-17

195 11/2 30-Apr-64292 2 29-Jan-73667 1 8-May-03673 1 17-May-04679 1 22-Sep-05691 2 2-Sep-06694 3/4 6-Nov-06695 1 20-Nov-06704 1 24-May-07706 11/2 29-May-07719 1 27-May-10833 1/2 26-Apr-17

TOTAL 141/4

1874 3 1/2 24-May-050937 01937 1 1/2 17-May-08

2041 1 13-Nov-142064 210/27 16-Feb-16

TOTAL 810/27

126 12 30-Mar-77148 179 3 1/6 10-Dec-85

161 3 27-Nov-02169 9 1/4 5-Mar-08

TOTAL 27 5/12

1744 3 13-Apr-04TOTAL 3

3991 6 6-Sep-06TOTAL 6

5728 5760 1 14-May-14TOTAL 1

Skinner Spring 4/5 of water 17-Jan-36

WATER SHARES OWNED BY MILLVILLE CITY

Millville Irrigation Company

Providence Blacksmith Fork

Garr Spring Irrigation Company

Spring Creek Water Company

Smithfield Irrigation Company

Richmond Irrigation Company

2017 BUSINESS LICENSES

ISSUED TO BUSINESS NAME BUSINESS ADDRESSFEE

EXEMPT ?Guy Curtis Crossroads Traffic Management 385 North 200 EastGinger Meadows Ginger Meadows Services 410 North 300 EastRyan Zollinger ZBROZ Racing LLC 1000 W 1000 N BLDG 8 Earl Cox Cox Electric 293 East CenterNathan E. Peterson The Whitney Connection LLC 1000 North 1000 West Ste 108

Sam Weston Classic & Antique Auto Restoration & Storage

270 South Main

David Hair D&B Equipment 325 North 100 WestLindsay Monson Professionails 250 South 300 EastBrian Jensen ABJ Specialty 650 North MainJohn or Kris Blankman Paradise Fire Protection 1000 W 1000 N Suite 100Kyle Hancey Hancey's Precast and Backhoe 15 South 550 EastRyan Pierson Artistic Rail 11 East 650 NorthKen Lee Ken Lee Construction 226 North 200 EastMike Hansen Xtreme Machine - Peace Frog 98 West 300 SouthJason Low Saddlerock Remodel and Repair 159 East 500 NorthRichard Zollinger Commercial Orchard 96 East 700 NorthRichard and Janice Zollinger Zollinger Commercial Warehousing LLC 1000 W 1000 NJames E. Fields Mountain Greenery 71 West CenterDebbie Johnson Child Care 195 East 100 NorthJason Dattage Dattage Sprinkler Inc. 56 West 300 NorthGlenn Floyd Chromoly Plus 296 North 100 WestJonathan Atwood 1i4 Group LLC 1000 North 1000 West, Building 29, Ste.109 John Slater Lyndale Marketing Inc. 1000 W 1000 N BLDG 29 Suite 101

John Slater Rocky Mountain Technology Services, Inc. 1000 W 1000 N BLDG 29 Suite 101

Randy Wall Wall to Wall Painting Inc. 10 West 300 SouthC. Dan Black Vivant Solar Developer LLC Door-to-Door SolicitationJack R. Gage Jack R. Gage Refrigeration (JRG) 1000 N 1000 W Bldg 29, Ste 104 Ken Hamilton or Daphne Carlson Bio Minerals Technologies, Inc. 1000 N 1000 W Bldg 28, Ste 103 Todd Aslett Auto Paint Designs 26 West 300 NorthJames Christopherson Overhead Door of Cache Valley 1000 W 1000 N, Ste101 Jenny Williams Busy Bugs Preschool 25 East 450 NorthTom or Kathy Fecteau Kathy Kaye Foods, LLC 1000 N 1000 W Bldg #30 Lisa Michaelson Craft Contractors LLC 1000 N 1000 W Bldg 29, Ste 104 Tara Hobbs/Holli Johnson Tara's Beauty Shop 414 South 550 EastCraig Nielson Stellar Collision Repair 380 North 200 EastCathy Anderson Don's Auto Body 340 North MainDebra Wilson Cozy Heart Collectibles 39 North MainLarry Lewis Larry S. Lewis Construction Inc. 40 North 100 EastMark Perkes Reapp LLC 77 East 200 SouthQuinn Johnson Lawn Specialists 160 North 300 EastAmber Sleight I'd Rather Be Sewing 220 North 300 EastRon Lundberg Archery Customs 190 West 100 NorthDonald Lewis Don's Quality Tile, Inc. 124 East 100 NorthPaul Mansfield Sweet Water Window Cleaning LLC 189 North 100 WestJill Woolley Creative Corner Preschool 420 North 200 EastRael Thomson Mountain Shih Tzu 480 South 550 EastMark Bodily Curb Appeal Garage Doors 160 West 200 North

2017 BUSINESS LICENSES

ISSUED TO BUSINESS NAME BUSINESS ADDRESSFEE

EXEMPT ?Laura Jardine Lemon Tree Interior Design 280 East 300 NorthColby Nielson High Country Home Builders 253 North 250 EastBrett Hadfield Silicone Plastics 97 West 300 SouthBrett Hadfield Hadfield Insurance Services 211 East 500North Ross Bowen Covenant Consulting Group, Inc. 190 West 265 South

Seth Bowen Three Men and A Shovel Landscaping LLC 45 West 300 South

Janice Gregory Janice Gregory's Preschool LLC 50 West 100 South

Wayne Ruud River Bottom Construction dba Invision Windows/Doors

96 North 100 West

Norman Doyle RubyClaire Boutique Inc. 1000 N 1000 W Bldg. 28 Ste 109Bryson Swasey Global Industries LLC 1000 N 1000 W Bldg 15Lynnette Haltiner Ivy Corner 320 North 200 East

Mandy P. Schiess Eric & Mandy Schiess LLC dba On The Avenue

181 West Center

Kyle Pence Smooth Shop 1000 N 1000 W Bldg 8Todd R. Brown Lowry and Associates, Inc. 10 West 300 SouthAshlie Jessop Ashlie Jessop 164 East 350 SouthTrudy Sorenson Minds Eye LLC 69 West 200 SouthRodney Tripp ULA Equipment 1000 W 1000 NAmy Eskelsen For The Dog LLC 35 East 300 SouthCerissa Hebdon CrossFit Antietam 1000 N 1000 W Ste 105 Ryan J. Davis Royal Inspection 135 West 100 SouthMichael Johnson Summit Electric Inc. 625 North Main Nikeeta Larsen Keetz 295 North 100 EastMelecio J. Hilera Jacob's 278 North 100 EastHank Nielsen Niels Fugal Sons Company LLC 1000 W 1000 N Robert B. Wick R&S Customz 130 West 300 NorthGary Walker Walker Hobbies 113 East 350 SouthSally Stocker Dandelion Drifts, LLC 240 West 200 SouthJaime Lee Finkbeiner Shine-a-Light Preschool 65 East Center StreetCory Newman Cerus Gear, LLC 700 West 1700 South, Building 29, Suite 106Corey Twedt Twedt Consulting 181 East 550 North

11/4/2017 Gmail - Fwd: Millville Sidewalk Contact Report

https://mail.google.com/mail/u/0/?ui=2&ik=cbdf6b4311&jsver=ZOgYGgvFjfY.en.&view=pt&msg=15f7edee02c60a2b&search=inbox&siml=15f7edee02c… 1/2

Corey Twedt <ctwedt@gmail.com>

Fwd: Millville Sidewalk Contact Report

Julianne Duffin <julianneduffin@gmail.com> Thu, Nov 2, 2017 at 4:34 PMTo: Cindy Cummings <clcummings23@gmail.com>, Corey Twedt <ctwedt@gmail.com>, Mark Williams<mkwill1000@gmail.com>, Mayor Mike Johnson <mike.e.johnson@comcast.net>, Mike Callahan <firebird9568@gmail.com>,Ryan Zollinger <ryan@zollingerllc.com>, Gary Larsen <glarsen@rwau.net>, Chad Kendrick <ckendrick642@gmail.com>

An brief update on the 100 North Sidewalk project...

FYI, attached is Marcus's report of comments that were made as he met with each resident within the scope of theproject.

On Monday, Zan also met with them, and did a great job explaining the why and process behind the development from anengineering and City point of view.

Zan and Jonny have put together a very rough-draft preliminary design that we feel meet the needs of the City as well asaddressing the concerns of the residents. I will forward it to you as soon as I receive it.

Mayor, can we put this on the agenda for next week's meeting? If so, tomorrow I will forward to Corey all information needfor the packets.

Thanks,Julianne

---------- Forwarded message ---------- From: Marcus Murdock <mmurdock@langdongroupinc.com> Date: Fri, Oct 27, 2017 at 12:01 PM Subject: Millville Sidewalk Contact Report To: Julianne Duffin <julianneduffin@gmail.com> Cc: Jonny Budge <jbudge@jub.com>, Zan Murray <ZPM@jub.com>

Hi Julianne,

Attached to this email is a communication report for the sidewalk project. It includes brief notes of the conversations that Ihad with individuals on 100 North. Feel free to distribute this to the rest of the council. Please let me know if you need anyclarification or additional explanations.

Also, each one of the residents in the project area received a post card in the mail with my email and phone number. Postcard is attached.

Best,

MARCUS MURDOCK

Project Associate

11/4/2017 Gmail - Fwd: Millville Sidewalk Contact Report

https://mail.google.com/mail/u/0/?ui=2&ik=cbdf6b4311&jsver=ZOgYGgvFjfY.en.&view=pt&msg=15f7edee02c60a2b&search=inbox&siml=15f7edee02c… 2/2

The Langdon Group, Celebrating 20 Years of Engagement

1047 South 100 West Suite 180, Logan, UT 84037

e mmurdock@langdongroupinc.com w www.langdongroupinc.com

cell 801.499.7377 office 435.713.9514 fax 435.713.9503

This e-mail and any attachments involving J-U-B or a subsidiary business may contain information that is confidentialand/or proprietary. Prior to use, you agree to the provisions found at edocs.jub.com. If you believe you received this emailin error, please reply to that effect and then delete all copies.

2 attachments

Mailer_Page1&2_Final.pdf 685K

Millville Sidewalk Report 10.27.17.pdf 96K

(801) 499-7377

mmurdock@jub.com

Millville City received two federal grants to install sidewalks along the south side of 200 North from the Post O�ce to 100 West and the north side of 100 North from 225 East to 100 West. The purpose of this project is to improve pedestrian safety in the area and has been identi�ed as a priority due to increased foot tra�c to and from Ridgeline High. Construction is expected to begin summer of 2018. Feel free to contact the project team with questions or concerns.

Millville 100 North & 200 North Sidewalk Project

a 1047 S. 100 West, Suite 180, Logan, UT 84321 p 435 713 9514 f 435 713 9503 w www.jub.com

MEMORANDUM

DATE: 11-01-17

TO: Millville City Council

CC: Zan Murray

FROM: Jonny Budge

SUBJECT: Millville Safe Routes to School; 100 North, from 100 West to 225 East

This memo outlines the different alternatives related to the placement of new sidewalk along the north

side of 100 North Street from 100 West to 225 East. Each alternative considers operation / safety,

physical impacts to drainage, irrigation and landscaping, future build-out of 100 North, concerns from

adjacent landowners and cost. Each alternative was analyzed to determine the location of the sidewalk

that would best address the future needs of the City’s infrastructure and concerns of current residents,

while maximizing the amount of sidewalk that can be placed with the current funds available.

Alternative 1 – 99-foot Corridor

The City currently owns a 99-foot right of way along 100 North. City standards suggest the sidewalk be

placed 4 feet from the right of way line which would allow for future widening of the roadway and

construction of a swale for storm water drainage.

Below is a list of impacts with this alternative:

- Remove 13 trees (several of which are large, up to 30” diameter) and other shrubs.

- Reconstruct 11 water meters.

- Relocate existing irrigation facilities (pipes and ditches).

- Remove existing landscape features (curbing, flower beds, etc.).

Alternative 2 – 80-foot Corridor

This alternative places the sidewalk in a location based on an 80-foot wide right of way. This would put

the back of sidewalk 10.5 feet from the existing right of way line.

Below is a list of impacts with this alternative:

- Remove 9 trees (several of which are large, up to 30” diameter).

- Relocate existing irrigation facilities (pipes, ditches, and structures).

- Relocate City fire hydrant.

- Replace existing driveway culverts.

- Replace drainage culverts across Main Street and 100 East.

a 1047 S. 100 West, Suite 180, Logan, UT 84321 p 435 713 9514 f 435 713 9503 w www.jub.com

Alternative 3 – 66-foot Corridor

This alternative places the sidewalk in a location based on a 66-foot wide right of way. This would put

the back of sidewalk 17.5 feet from the existing right of way line.

Below is a list of impacts with this alternative:

- Relocate service power pole (covered under franchise agreement).

- Reconstruct drainage swale. Since the existing swale would be behind the new sidewalk, a new

swale will need to be constructed in order to accommodate roadway drainage.

Conclusion/Recommendation

The intent of the safe routes to school program is to get as much sidewalk in as possible for children to

use. The cost of the sidewalk itself is not going to change based on its location within the corridor. The

larger factor is the impacts each proposed location has on its surroundings. This also includes the

impacts to the future expansion of 100 North, which is planned to be a collector road.

Having considered the physical impacts of the sidewalk and the costs associated with those impacts,

the future needs of Millville City and concerns of current residents, it is recommended that the

sidewalk be placed equivalent to a 66-foot wide right of way, Alternative 3, per Millville City Standard

Drawing 250-N.

This alternative allows Millville City to accomplish their desires for the 100 North corridor in the

following ways:

The sidewalk can be utilized by the citizens as a safe place to walk along the street.

The sidewalk will be in alignment with the existing sidewalk east and west of the project

promoting use by the citizens.

The road will have flexibility in the future and can be expanded to meet a full collector

pavement width as outlined in the City Manual of Design and Construction Standards 66-foot

Collector drawing.

Drainage can be maintained in its current location. With this alternative the area between the

pavement and sidewalk will be between 14 and 22 feet. With some possible regrading that

would be addressed in the Project, this would control the storm water off the streets. In the

future if needed, there is the remaining area behind the sidewalk to expand the storm water

system if necessary.

Irrigation systems would remain largely intact, including driveway culverts.

Fewer trees would need to be removed.

Driveway reconstruction needs will be reduced.

a 1047 S. 100 West, Suite 180, Logan, UT 84321 p 435 713 9514 f 435 713 9503 w www.jub.com

A majority of improved landscaping will remain in place.

Driveway parking can be maintained adjacent to the property line so citizens will not need to

walk between cars.

Most other concerns expressed by the adjacent property owners are addressed.

With this conclusion and recommendation, it is suggested the City not allow trees to be planted in the

strip between the new sidewalk and existing roadway. Although trees enhance the aesthetics of the

corridor, they would likely be removed in the future in order to widen the roadway. Trees can be

planted behind the sidewalk in the 99-foot right-of-way and still achieve the desired aesthetics for the

corridor.

As stated above, this alternative addresses a majority of the concerns of the citizens along the project.

We encourage the City to ask the citizens along the sidewalk to continue to maintain their yards

including the area between the sidewalk in a pleasing manner and address snow removal when needed.

N

MAIN S

TR

EE

T

100 W

ES

T

100 NORTH

NEW SIDEWALK

Existing Right of Way

4 FEET FROM EXISTING RIGHT OF WAY

99-FOOT CORRIDORALTERNATIVE 1

REMOVE LANDSCAPING

RELOCATE IRRIGATION

RECONSTRUCT METERS

REMOVE TREES

Existing Ditch / Swale

N

100 E

AS

T

200 E

AS

T

100 NORTH

4 FEET FROM EXISTING RIGHT OF WAY

99-FOOT CORRIDORALTERNATIVE 1

Existing Right of Way

NEW SIDEWALK

REMOVE LANDSCAPING

RELOCATE IRRIGATION

RECONSTRUCT METERS

REMOVE TREES

Existing Ditch / Swale

N

MAIN S

TR

EE

T

100 W

ES

T

100 NORTH

NEW SIDEWALK

Existing Right of Way

10.5 FEET FROM EXISTING RIGHT OF WAY

80-FOOT CORRIDORALTERNATIVE 2

Existing Ditch / Swale

REPLACE STREET CULVERTS

REPLACE DRIVEWAY CULVERTS

RELOCATE HYDRANT

RELOCATE IRRIGATION / SWALE

REMOVE TREES

B M

N

100 E

AS

T

200 E

AS

T

100 NORTH

Existing Right of Way

NEW SIDEWALK

10.5 FEET FROM EXISTING RIGHT OF WAY

80-FOOT CORRIDORALTERNATIVE 2

Existing Ditch / Swale

REPLACE STREET CULVERTS

REPLACE DRIVEWAY CULVERTS

RELOCATE HYDRANT

RELOCATE IRRIGATION / SWALE

REMOVE TREES

N

MAIN S

TR

EE

T

100 W

ES

T

100 NORTH

NEW SIDEWALK

Existing Right of Way

17.5 FEET FROM EXISTING RIGHT OF WAY

66-FOOT CORRIDORALTERNATIVE 3

RECONSTRUCT DRAINAGE SWALE

Existing Ditch / Swale

B M

N

100 E

AS

T

200 E

AS

T

100 NORTH

Existing Right of Way

NEW SIDEWALK

17.5 FEET FROM EXISTING RIGHT OF WAY

66-FOOT CORRIDORALTERNATIVE 3

RECONSTRUCT DRAINAGE SWALE

Existing Ditch / Swale

Councilmember   Assignments   2017     

Councilmember   Michael   Callahan ● P&Z ● Ordinance   Enforcement ● Museum ● Fair   Booth 

 Councilmember   Cindy   Cummings 

● Millville   Days   and   Night   Out   Against   Crime   (combined) ● Website ● Community   Covenant ● CERT   Training   Program 

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● Youth   Council ● City   Events   (Easter,   Christmas) ● Parks ● Mini   Miss   Millville ● Crossing   Guard   Supervisor 

 Councilmember   Mark   Williams 

● Miss   Millville ● 1st   Responders ● Animal   Control 

 Councilmember   Ryan   Zollinger 

● High   School   Liaison ● Public   Works ● Water ● Roads