MILLVILLECITY COUNCIL MEETING

City Hall - 510 East 300 South - Millville, Utah

May 8, 2014

PRESENT:Michael Johnson, Michael Callahan, Cindy Cummings, Julianne Duffin, Mark

Williams, Ryan Zollinger, Rose Mary Jones, Harry Meadows, Gary Larsen, Lance Anderson, Bruce Parker, Christian Wilson, Lisa Shaw, Ryan Johnson, John E. Johnson, David Beazer, Mark Bodily, Sheryl Hair, Blake Wright,

Rex Pehrson, MacKay Moore, Clay and Wendy Wilker, Joann Thompson,

Zan Murray, Tony Bair, Shauni Bodily, Brian Hair, Wayne Ruud, LeeAnne Ruud, Kristi Ivie, Robert Ivie, Jessie Floyd, Jon Parker

Roll call

The roll call indicated Mayor Michael Johnson and Councilmembers Michael Callahan, Cindy Cummings, Julianne Duffin, and Ryan Zollinger were in attendance with Councilmember Mark Williams absent; also Recorder Rose Mary Jones was present with Treasurer Tara Hobbs excused.

Opening Remarks

Mayor Johnson welcomed everyone to the Council Meeting calling the meeting to order at

7 p.m. Mayor Johnson then led everyone present in the pledge of allegiance.

Approval of agenda and time allocations

The agenda for the City Council Meeting of May 8, 2014 was reviewed. Councilmember Cummings moved to approve the agenda for May 8, 2014. Councilmember Callahan seconded. Councilmembers Callahan, Cummings, Duffin, and Zollinger voted yes with Councilmember Williams absent.

Councilmember Mark Williams arrived at the meeting at this time.

Reading and approval of minutes of the previous meeting

The minutes for the City Council Meeting held on April 24, 2014 were reviewed. Councilmember Cummings moved to approve the minutes for April 24, 2014. Councilmember Zollinger seconded. Councilmembers Callahan, Cummings, Duffin, Williams, and Zollinger voted yes.

Report on Planning Commission Meeting held May 1, 2014

Commissioner Natalie Smith was unable to attend the meeting to report on the Planning Commission Meeting held May 1. There was no discussion regarding the minutes presented.

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 2 of 12

Eagle Scout Project Proposal for a City Sign by the SouthBridge

Ryan Johnsonproposed to the Council an Eagle Scout Project which would be to erect a sign on 200 South as you enter Millville going east across the river bridge. As this is on a county road, he had met with County Executive Lynn Lemon to discuss the placement of this sign and received his approval. He explained the sign would say ‘Welcome to Millville, Est. 1860’ on the eastbound side and on the westbound side it would say ‘Thank You For Coming’. (A copy of the information presented is included with the minutes.) He would not be requesting any funding for the project from the City. After gaining the needed approval, Mr. Lemon will provide guidance to make sure the sign would conform to the requirements of the City and County.

As MillvilleCity has a sign ordinance, Ryan was directed to Development Coordinator Harry Meadows to complete the paperwork and have this go to the Planning Commission.

Councilmember Zollinger moved to approve the Eagle Scout Project. Councilmember Cummings seconded. There was a recommendation to see if break away footings should be used in case a car runs into it. Councilmembers Callahan, Cummings, Duffin, Williams, and Zollinger voted yes.

Storm Water Impact on Canals, Millville Irrigation Company

Councilmember Callahan disclosed that he is employed by the Millville Irrigation Company as the Water Master. David Beazer, who is President of the Irrigation Company, discussed with the Council the impact which the Stormwater has on the canals during the winter and spring time. He indicated during the last two years, there has been significant runoff while the ground was still frozen. This had almost caused the canal to overflow, especially at the diversion on 300 North 100 East. Because of this, the canal company is trying to mitigate the situation. He was proposing to get another outlet from the lower canal to the BlacksmithForkRiver, which would be used in case of an emergency. (A copy of the drawing for the proposed outlet is included with the minutes.) The time to do this would be while the new high school is being built; after it is built, the access to the river would not be viable.

Lance Anderson indicated the school district may be willing to participate in getting this installed. As it is still in the planning phase, there were no cost estimates or details on this to date. They would like to have the City work with them on the project. As more information becomes available, they will again approach the City to discuss the matter.

PUBLIC HEARING – 7:20 p.m.

PRESENT:Michael Johnson, Michael Callahan, Cindy Cummings, Julianne Duffin, Mark Williams, Ryan Zollinger, Rose Mary Jones, Harry Meadows, Gary Larsen, Lance Anderson, Bruce Parker, Christian Wilson, Lisa Shaw, Ryan Johnson, John E. Johnson, David Beazer, Mark Bodily, Sheryl Hair, Blake Wright, Rex Pehrson, MacKay Moore, Clay and Wendy Wilker, Joann Thompson, Zan

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 3 of 12

Murray, Tony Bair, Shauni Bodily, Brian Hair, Wayne Ruud, LeeAnne Ruud, Kristi Ivie, Robert Ivie, Jessie Floyd, Jon Parker

The purpose of the hearing was to receive public input regarding a request by Cache County School District for a Conditional Use Permit to construct a new high school with associated athletic fields, parking lots and roadways at approximately 180 North 300 West, on Parcels 02-126-0007, 02-126-0008, 02-126-0010, 02-126-0011, 03-029-0015, and 03-029-0016 in Millville, Utah, which parcels are zoned Agriculture.

The following is a short summary of comments made at the Public Hearing:

  • Mark Bodily was against having the conditional use permit; did not feel the school district had been upfront with the neighboring landowners on many issues; wanted the parcel to remain as Ag land and felt the school would ruin our community.
  • Sheryl Hair questioned the water usage from the school; if they were to drill a well, how would that affect the water aquifer for the City. She questioned how and if the City would receive compensation back from the school district.
  • MacKay Moore opposed the Conditional Use Permit at this time; there had been conversations with the School District where promises were made and broken. Trees were to remain and are now gone. The neighboring landowners were to have a choice of fence; however, that may not be the case. He would like to have a vinyl fence which would contain their animals and discourage students from taunting their horses.
  • Kristi Ivie questioned why there was a public hearing now; she felt the dirt, trucks, and bulldozers shouldn’t be working until after the hearing. She questioned if everyone was against the school, could it still be built.
  • Mayor Johnson explained excavation can take place prior to the permitting process; however, no construction can start. The School District owns the property and has the right to do what it wants within the confines of the law.
  • Lisa Shaw explained the proposed sidewalk is to be placed on the north side of 100 North.

She indicated this could take out several of her trees which have been there for a long time and have huge root systems; the roots would disturb the sidewalk. They have no air conditioning in their home and the trees provide shade in the summer. The trees also provide a buffer between traffic and her home. There is also a ditch on the north side of the road which aids with the storm water. She asked for consideration in having the sidewalk go up the south side of the road. She also expressed the idea of having a 4-way stop at the intersection of 100 West and 100 North.

  • Tony Baer indicated he was originally against having the school built. There is a ditch to carry water to his property; he felt there should be a fence built and have part of the ditch covered over.

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 4 of 12

  • Mayor Johnson reported the Superintendent has said he would work with individual property owners regarding their fencing.
  • Bob Ivie questioned if there needed to be a private deal between the school district and the property owner. The purchase cost ofthe property was public information and was between $17,000 and $18,000 per acre; the district also paid the recap of taxes for the green belt. He felt the building of the school would adversely affect his property and property value.
  • Mayor Johnson indicated the school district has limited rules to abide with; however according to our ordinances, we are able to request that a conditional use permit be required which helps in negotiating concerns.
  • Bob Ivie did not like the size of the site plan he received in his notification and requested more information on how to obtain a larger scale one. He indicated this was the first meeting which they had been notified regarding the changes. He questioned if anyone had proposed legal action against the school district to postpone the development, or asked if an injunction had been filed.
  • Mayor Johnson explained there had been several prior meetings held and public notification had been given for all of the meetings,as they are all open meetings. To his knowledge, there had been no legal action filed.
  • Clay Wilker questioned the purpose of having a conditional use and what those conditions would be. He felt they should be written out so the conditions could be viewed by the public. He also felt MillvilleCity should be a representative for the citizens and should obtain written documentation of the things promised, especially for the adjoining landowners.
  • Mayor Johnson replied the Interlocal Agreement had been written by attorneys before the school board would be willing to accept the proposed conditions. Most of the conditions have to do with infrastructure, upsizing of utility lines, etc. The fences are really between neighbors. All neighbors may not like the same type of fence, but the school district is trying to appease the interests of all. He felt they had been very good to work with so far, and he felt that the school district is working in good faith with the neighbors. The Interlocal Agreement was comprised of several of the concerns which the City had going into the project.
  • Wendy Wilker lives east of the baseball diamond and explained she had attended all of the meetings. She paraphrased from the State Code saying the school district has to adhere to all of the ordinances where they are doing their construction. She explained it is hard to have a conditional use when the citizens don’t really know what is on the table. She questioned why a conditional use permit was needed when they had petitioned to makeall of their property zoned agriculture.

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 5 of 12

  • Mayor Johnson explained the ordinance for the conditional use permit does not specify what to allow or not allow; the conditional use leaves a paper trail of what conditions were agreed upon between two parties. This specifies things that are to be done and not to be done. It is a legal document to protect both parties. The conditional use is mainly for the purpose of getting the infrastructure agreed upon and what will be put in and who will pay for the improvements. Because this is ongoing and drawings are still being completed and bids are not all in for the construction; it is a living agreement and will be worked through. There are a number of things the school district does not have to do but has agreed to, making this project better for our City.
  • Wendy Wilker questioned if water shares would be required and what the City’s plan would be to do with these shares. Would they be diverted into a well?
  • Mayor Johnson explained the City will be requiring water to be given for this development. The City has no control of the irrigation company and what they will require. If a well is drilled, the state water engineer should be involved in getting their permit.
  • Wendy Wilker was unsure how to make certain the interests of the neighboring parcels will be treated fairly, as she has had no communication with the school district since their initial conversation. She explained they have owned the property for 20 years and the easement to maintain the canal had always taken place from the west of the canal; because of the development, it is now being maintained from the east side. There has been nothing proposed to them from the school district regarding fences, trees, etc.
  • Mayor Johnson thought there was a six-foot fence being proposed around the parameter of the school property.
  • Engineer Zan Murray expressed according to the state code regarding the rules and regulations, schools do not have to follow the municipal guidelines for fencing and landscaping.
  • Lisa Shaw requested having a contact person from the school district to work with.
  • Christian Wilson assured the citizens that the Superintendent was planning to make sure there was a fence installed and the school district would be bearing the cost for it. Lance Anderson is in the midst of the engineer drawings and will be saying what and where the fence would be proposed. They are looking at various options because of the grade of land and the amount of fall it has.
  • Lisa Shaw indicated she owns property adjoining the proposed seminary site and questioned if there would be a fence put in with that property as well.
  • Tony Baer stated that the canal company has a right of way on both sides of the canal as per state law.

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 6 of 12

  • Councilmember Callahan indicated this canal easement is in place but they try to work with the landowners to make it as painless as possible.
  • Wendy Wilker appreciated the fact the canal can be accessed from both sides; but felt after the construction, the access could be on the west side again.
  • MacKay Moore questioned if the City had a noise ordinance and a height limit on power poles for lights.
  • Mayor Johnson explained there is a noise ordinance and it is outlined in the City Code. They may have to research guidelines regarding the height for poles lights.
  • Jessie Floyd explained he lives east of the soccer field. As there will be a lot of in and out traffic on 100 North when the road is upgraded, he requested the road be barricaded or pylons put out to discourage traffic so it would not be used just for the novelty of driving on a new road. The right of way is not the same on the entire street from Main Street to the school and varies in width. He felt this road should be rebuilt all the way to Main Street.
  • Mayor Johnson indicated it will be a public road and the City does not restrict the use on roadways.
  • Wayne Ruud indicated they did not want 100 North to be a big road.
  • Mayor Johnson replied at the current time the asphalt is set to be 28 feet wide.
  • Jon Parker questioned when the roads would be dedicated to MillvilleCity and if the City will be required to do the maintenance on them.
  • Mayor Johnson explained once the roads are built to the City’s specifications, they will be turned over to the City from the school district. The City will be responsible to do the snow plowing. MillvilleCity will probably be responsible to plow 100 North down to the new bridge and also the access off of 550 North. The details of this have not been decided.
  • Tony Baer questioned if the roads on the school property would be City roads and maintained.
  • Mayor Johnson indicated all of the details have yet to be worked out but will be agreed upon between the entities.
  • Clay Wilker questioned if the Interlocal Agreement will be a public record for the citizens to see.
  • Mayor Johnson indicated it would be, but did not feel it would be wise to put it out yet as it is a living document fluid with changes and may cause confusion among the residents.

MillvilleCity Council Meeting Minutes, May 8, 2014, Continued Page 7 of 12

  • Clay Wilker expressed to know from the agreement what the City had to give up appeasing the developers (school district) and was concerned that this information would not be available for the public to see.
  • There was a comment questioning the round about and what it would look like.
  • Lance Anderson explained it is designed as a one lane roundabout with a larger width to allow for trucks and buses to easily access it.
  • Mr. Ivie questioned why the conditional use document would be finalized when all of the pieces are not in place.
  • Mayor Johnson quoted from the state code regarding a local political subdivision—they cannot delay the construction of the school because of a dispute over impact fees. The conditional use permit cannot be finalized because there are no hard numbers in place; however, this is being worked towards.
  • Mr. Ivie questioned whether the tax revenue will go up because of the high school.
  • Mayor Johnson explained it would not because they do not pay property taxes.
  • Lance Anderson addressed several of the concerns that had been brought up during the meeting as follows:

The school district wants to be a good neighbor