Nibley City Council- 07/10/25

Hi, Edward. I'm Diane and Blake's in. I thought they would be here tonight. He is scheduled for opening ceremonies. So I tell you, I'll just wing one. That's that. Aaron, you asked me about a year ago what umpiring was like. Seems like I've been doing a lot of it. And I've noticed that there's something very, very similar about being mayor and being an umpire, and that is the need to have meaningful dialogue with people that might be disappointed or angry or upset with something that you have done. And you're smiling because you all know how that goes. And whereas it might be a resident of Nibali that you are engaged in that dialogue, of course, in the firing, it's typically a coach. And and I know that the key to all of this is at the beginning of the game or the beginning of whenever you decided to serve the citizens of Nibley is to commit to those conversations, to commit to have those conversations no matter how hard it might be to have a meeting dialogue. And you all figure out pretty quickly, sometimes the coach just walks to bed. And and the other thing you figure out pretty quickly is just because you offer that conversation and have that conversation, that doesn't mean that a coach is going to change the umpire's mind about a call. So there is that similarity, and I know you all do that so well. And I just appreciate the way you engage with the with our citizens and with our residents and the way you really try to get to a point through having a meaningful conversation instead of yelling. So thank you.

I pledge allegiance to the flag

of The United States Of America

and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Great. Let's call the 07/10/2025 daily city council meeting to quarter

and begin with a roll call on that end, please, Garrett.

Garrett Settle. Eric Mann. Nathan Larson. Norman Larson. Larry Jacobson.

We've got Robert, city planner.

Justin Moss, the manager.

Tom Dickinson, city engineer.

And here's the chair of our body commission walking in. Thank you, Nick, for for coming in. We're we we like to have a property rights represented as well, so thanks for that. Excellent. And with that, I ask counsel to have a look at the June 18 and June 26 meeting minutes and tonight's agenda. If you would consider those for me, please.

We have to remove both the minutes. Okay. Move.

Motion. Second is for Merrick to approve two sets of men at the end of the agenda. Any discussion? Seeing none of those in favor, say aye. Aye. Thank you. Any opposed? None. That motion passed. Cheryl, as always, thanks for a great job under the minutes. Next, we'll have a public comment period. This is a chance for citizens and noncitizens of Nibley to address the council with any they would like to have us here in a structured dialogue sort of way or any way that they can access. There's nobody signed up, but we're happy to take comment from anyone who's here to speak to us.

Sure. I will.

Okay. Please come on. Thank you. That's terrific.

Great. And tonight, it's my parents live off of Cork Circle Drive, and they just wanted me to mention tonight they were so happy to see the street sweeper come by Cork Circle today. And so the street sweeper mom does look for us that it does

Help her out a little bit, and so it came up. She did ask me to mention the meeting to to meet the city for that. Thank you so much for passing that along. That's terrific. Anyone else wish to address council? Saying not, we'll move on to we've added a new regular agenda item that obviously won't happen every time. This is a a parks and rec advisory report.

Do you guys have any Yeah.

Jenna was unable she talked to me in the middle of the year. She's unable to do so, and Chad was unable to cover, so they've asked to be moved to the next week.

Look, Chad. Put this on a daily time. And if they have something, they have something. If they don't they don't let's see. I think we have not had a PNC meeting since our last meeting. We're actually ahead of you a little bit for a change, rhetorically speaking, theoretically speaking. So let's move right on to ordinance twenty five fifteen. This is amending the mixed residential zone RM. And we've talked about this a few times. It was continued from our last meeting. Levi, do you want to summarize it? Or I suppose there's probably nothing new.

Right. There's nothing new. I'm happy to give any information. It may it might be best just to field questions if you have any or comments or, you know, discussion. That way, I I've introduced it a couple times. So unless you if unless anyone wants a a more

complete

Yeah. I'm having read through it a few times. There's you you prepared

a a before and after chart that I Yeah. I'll put that up there. Yeah. Yeah. I put that up there. So I I can go through it if you'd like or is it to dive into discussion. Yeah. That's yeah. So just in general, this is summary of of the changes that are proposed. So the there's currently no regulation on the size of the RM zone. It is being proposed that it's that an RM zone would need to be between ten and forty acres. The RPED size would be reduced from 40 acres to 20 acres. The location of an RM is currently there's currently a map that has a couple of of parcels. One one is which is in currently in Logan City, and the the other one is Wesley Nelson Farm property. And instead of that, the the code references our future land use map and, areas that are designated as high density or or town center. The there's currently no requirement for mixed use for any kind of commercial development within an arm zone. It is allowed, but it's not required. And what would change is 10% of of Ground Floor area needs to be dedicated to commercial uses for areas that are either near state highway or or intersection of arterials. And there's there's kinda more specific parameters of how how close to those, but but that would be added. The RM maximum density, The the only change here is that it in a mixed use, basically, adds adds the opportunity to increase the density by about 20% from 10 units per net to both acre to 12. The for the RPUD, the maximum density for for the base zoning for an RPUD would be raised from five units to seven units per net developable acre. And there's currently regulation both for RPD and RM that if they're adjacent to a single family, residential, you know, other residential zone, then or or a residential dwelling, that within 300 feet that you need to have, exclusively single family dwellings. But what what would change is that just the design of the building rather than saying that it needs to be single family. It's just limited to two stories and less than a 100 feet in building length. So it could be something like a townhome, but just a smaller scale. A multifamily garage orientation, there there's currently an encouragement for reloaded garages, but this update, requires it. There's there's certain applications where it could be required depending on the layout, but, really, this this is this is stronger language to to require. The current code would remove the or or sorry. The proposed code would remove the requirement for clubhouse pool or splash pad. And then the this it would also adopt an option for a fee in lieu of required open space and amenities within the RM, RPD, and the open space subdivision. If if they're within a half a mile of a park that's over two acres in Size City Park.

Thank you, Levi. Nick, we appreciate the planning commission's good and hard work. So thanks for that. Is there anything you wanna add to it, Nick? No. I don't think I can't speak for every member of the commission, but we didn't spend a lot of time. You know? Do I need people Yes. Because we have you know how popular we are? Do you know how popular we are on YouTube? Yeah. In fact, we you you being here tonight has cut our viewership in half.

Nick, it's the chairman of the Yeah. So the on planning commission, we spent multiple meetings discussing the zone starting from is it even do we even need it as a zone to now what you see? And I think the consensus obviously, I'm not gonna speak for any individual member while trying to summarize our discussions as a. But I think the consensus was trying to figure out how to design this zone to enable, you know, more higher density for, obviously, figure out what are the constraints existing constraints that may inhibit the success of this zone. So we felt like setbacks being one. Do we you know, the the amenity requirements being another one. I think we've dealt with you know, the council's dealt with that, obviously, recently, some developed agreements on other projects, things like that. And just trying to get a little more creative and flexible with respect to how some of the individual characteristics and parameters of the zone as well. I do like the idea that leveraging the the land use plan essentially and figuring out where it makes sense within Nimbly. And, really, this is a to me, if this is a successful zone, we should just identify those areas and then just let the process see where it is. Right? So the the idea behind maybe removing the map as a constraint, just saying, okay. In our land use plan, these are areas that we feel like, based on our planning efforts, make sense for the zone and just let the zone meet what it is. That's a fair synopsis of the majority of meetings. I don't know if you guys if any members of the council have any questions for me. We do we spent a lot of time on this, and I'm just excited to hear your so

I'll be here. Yep. Appreciate it. Thank you, Nick. Counsel, I'll turn it to you for discussion and consideration. K. That's Please.

On the very last one, if he and Lou, do we have any places in that are not within that mile of park besides Hollow Road?

Yeah. I I definitely think we do, but I can I can look at that closer? That's easy enough. But but, yeah, we definite we definitely do. It's it's two it's a two acre park. So that's right. Right. So Elkhorn, Ander, Heritage. Yeah.

I

think we're gonna get you approved. I think but I talked a little bit to Nick as well today. I appreciate the input today as well. There's a couple of things that I've come to the conclusion of, like, I still think that this is good. I think that they did great work. I think I was just a little surprised with a lack of discussion off, and then maybe it's just because they did such a good deal. There there wasn't a lot of, like, oh, we like this at this level.

But it comes terms of that, I think

the no map essentially means that we are good to let this happen, but a rezone is still necessary. What this does, I realized, is for the longest time, we've had a a future land use that set median identity, but we've never really designated what that meant as far as units break. So this is starting to do that.

Essentially,

20 with the t r TR and 12 to us is, quote, high density. We're kind of playing that line in. Right? This is the highest density we allow, and we're designating it if you only have to compose areas.

So my questions, I think, I've realized are more

general plan questions and doing that. Like, for example, my concern isn't with the orbit since with our land use path. There are high density areas or which to all the call high density areas. So I kinda I think it's okay. I'm kinda knowing all those things, I think I'm I'm good to pass tonight. The 10 minimum still makes me wonder because I think that there it'd be interesting to see opportunities of smaller acreage to do something fun or you can kind of, like, a smaller, like, almost like a duplex type thing in this just kind of the sound. I didn't own all the light effect. I haven't been able to run.

Oh, yeah. That's fine. Yeah. Can I speak to that? And and I would say this this came from the discussion in the planning commission. So, secondly, specifically, one commissioner pointed out multiple times that if if it's if the project's too small, then the management of of a multifamily project oftentimes gets neglected because it because you just don't have the the scale, whether it's an HOA, the HOA isn't big enough, or a property management from a property management perspective. So that was kind of the logic behind the 10 acres if you get something too small. That was that was at least one commissioner's perspective. I don't I would I don't I wouldn't say that that was unanimous, that everyone thought that same thing, but that was that was kind of the compromise, and that was the that was the dialogue with that. That 10 it tends enough to have a substantial project that can be managed, maintained. Anyway Thank you. Yep.

Yeah. One of the questions, when is our what is our percentage breakdown

in each of these? I've heard a discussion today with

Heritage.

Yep. Curious if we could have a percentage breakdown on Each one is just multifamily, single family, or to break it down further like bank?

Yeah. We don't we we haven't done that with this. And with the RM zone, part of the reason is I think the idea in general is that an RM zone is gonna be more for smaller a smaller project, and the RPD is gonna be larger and have have more variety of housing. It'll have a mix of of single family. Now you can build single family in in an RM zone, but most likely with the market, you're you're gonna get a smaller project that it may have some, multiple different housing types that allows it, but it doesn't require it. Because on a 10 acre project, it might just be a townhome project, for example, and it it doesn't necessarily have that variety. Now that doesn't mean it's not you're not gonna have that variety in the vicinity because you have a limited area for the RM zone. So it's gonna be around other neighborhoods that do have the the variety of housing. That's but I think it's something that could be enhanced in the ordinance for sure. Yeah. Yeah. Yeah. I think we I I definitely think we can do that. I we didn't really we there was some discussion. There was definitely a lot of discussion on that, but this doesn't necessarily change that component of the ordinance.

Thank you, Garrett.

I know we have one component that D and A's with Logan because they've inquired commercial on the highway this effect, something like that? Or So

it does Yes. It's not quite as it's not quite as restrictive as it as it was for Logan. So in Logan, a 100% of the Ground floor would have to be commercial. In this case, 10% would. So you might need some component of commercial, a a minor component of the project. But the idea is we we wanna encourage some level of commercial, at least where there's some opportunity for it. And and it seemed like this is limited. It it's if it's right along highways or or the convergence of two arterial streets. So I think, like, 1200 West, 3200. There's not a whole lot. And maybe 2600 and 1200 would also would be another one, where if you had the zone, then it would be it'd be required.

Yeah. I agree. All commercial,

and it's not it's all required. And and it's more than just spreading the vending machine with 10% tolerance and 100. So, yeah, handle that.

Yeah. At least what what I from what I heard from from Logan City's ordinance in the commercial zone, that is. Not it wasn't a mixed use zone, but in the commercial zone, they did allow multifamily above commercial, but it had to be all commercial on the Ground floor if it was a commercial zone. And we're saying 10%. We don't I mean, we don't know exactly. We felt like that was reasonable to have some level of of commercial mixed in.

I would like to have discussion on so be in lieu of open space amenities. I think it's a fun concept to consider. The only one is the open space subdivision allowed in there. Wondering if we feel like that defeats the purpose of an open space subdivision. This comes from that kind of conservation subdivision that of the idea was we wanna save these spaces that are in that location,

you know, like

special trees or a hill. You this is essentially saying we're okay with you paying to not conserve that, which the it's the the the ordinance has changed a little bit, so it's less focused on just conserving. I got a discussion of that, but it's not. Yeah. I think you make a good point. I I believe all along the Open Space or conservation subdivision has been intended to mitigate the impact because it's could be a small development. To to mitigate the impact to existing houses that are already there by creating that buffer, oftentimes open space between the existing houses and then these new houses that are there's good people. And so I always thought the open Space subdivision was a good tool to mitigate the immediate impact as opposed to enhance a park app. What's your That is cost conditional.

No. I don't know if it was opposed the same way you did of, you know, of these the sensitive lens. I think I think there's an acknowledgment just in general that although there's definitely value to preserving open space, there's also a cost with it. And and for some of them, there's less it's less valuable if it's smaller and it's already in proximity to other other usable open space less value from the use of the usability of the space. If there's something else there that may not maybe it's not even improved. And if they could pay a fee in lieu, I can go toward improving that that space rather than just adding more and more open space. I don't know I don't know, Nick, if you have any Sure. Anything else to add on that. But

Yeah. I think the key word to think about is allow, so not necessarily entitled to. Right? So just like any other decision that the council has to make in any development, I think that was the concept was that you're already within a half a half mile of a two acre park or we've seen redundant for spec to taking on more open space, whether in the city or or putting that back onto the development to manage themselves. And so that's why I like the word loud, which means it's still a choice into the

the the commission in the city and not necessarily entitled to the city. Yeah. And and process wise, the open space Southern Michigan is still a legislative action group.

It's not. It's it's administrative, but but the open space, if the city and and and maybe this could be made more explicit with the with the fee in lieu. If the city's taking on open space, that is a discretionary decision of the council, and I suppose would be the same way with the fee in lieu, but I'm I'd have to double check the language. At this point in time, there's not a fee assessed, So that would need to also happen before anyone could really do this is my understanding, but because we we need to determine what the fee would be or how to I mean, there's a few different options of of how of, you know, what what approach to take. You know, the the well, this is a similar discussion we had is with the TDR and how to determine, you know, how how much to sell the city's development rights for, what should that process be. And we talked about I mean, it's a complicated process, but getting into a developer's pro form a and how much are they gonna benefit, you know, financially, and then are we gonna you you know, the city takes a cut and the developer takes a cut of that. We wanna be more simple. We can just pick a number that seems reasonable, like a per acre number

of

you know, I'm just we we can research and come up with a, you know, 10,000 per acre, what whatever that number is that we think is reasonable for for development, and and it could be based on that specific more specific number.

Yeah. In that regard, would we wanna do a percentage of, like, audio or something since that changes all the show? We could. Yeah. We could do that.

There's a few different I I guess there's a few different approaches. And then, I guess, at this stage, it opens up the door, and then the next step would be looking at and and recommending a an approach to adopt. But that would come out of the fees the fee schedule.

This is dead.

This is yeah. This refers to the consolidated fee schedule for for the open space. For amenities, it's just based on the value of the amenities.

So the RM zone actually becomes an administrative approval.

Is It is. Yeah. I mean, it's

So this let's make a deal on be in lieu of. How does that fit into an administrative process?

I think it would come in the development agreement stage, which the development agreement if if they choose to to do this through the process of the development agreement, that would be

And who's approving the development agreement for an RF?

It depends what they're asking for. If if they're if if they ask for something that conflicts with our code, it goes to council. If they if they're asking to, dedicate land to the city, it goes to the council. But if they just check all the boxes and they meet everything, it would be planning commission.

And and thank you. And so that's I think what you guys are getting at, and I think it's a little bit worries me a little bit that the fee in lieu of is not is possibly not a counsel decision.

We could we could add a line just just a suggestion. I think you've raised a good point. We could add a line that simply says something to the effect of a fee in lieu must be approved by city council through development agreement.

Okay. To me, this is a negotiation Mhmm. The fee in lieu of is is, like, not a developer saying, well, I just don't wanna deal with it. I'm just gonna give you money so I can get all of it. I think that this is a negotiating point for the city, and I I think the council should be entrusted to that. I mean yeah. I mean, part if we go way back to the very genesis of the open space subdivision, the first step in the open space subdivision, and it was a difficult one for developers to deal with, was identify what is of value to the community and set that aside. Right? Well, that's a that's a let's say, a a a value proposition. Nobody not everyone will say this is what is of value to the community, and, therefore, this is what should be conserved, like Nathan said, whether it's in a stand of trees or whether it's a new shape or whether it's a whatever whatever. And so as things become more administrative and less of a value proposition as we set aside open space or take money in lieu of if as that becomes more administrative, then there's less I mean, it's not negotiable as to what the council or someone who represents the citizens of Nibley find valuable that should be used to mitigate the impact of new development. So in your eyes, us saying, of course, the fee amount in the consolidated fee scale was not enough. It is because we could set it at an infinite number of dollars, and then we would start having a negotiation. Yeah. I I just I come to the conclusion that our zones are hard because we require negotiation on all of them. Sticks out for maybe the ones we don't really want in Nibali anymore, which is super happy for bots. They do. And and there's nothing, I think, more frustrating to a a proponent than negotiation. Right? Because they wanna know what do I have to do. I'll decide if I can do it, and then I'll move forward or I'll go somewhere else. And so the negotiation is invest a bunch of time and effort and then find out that it's not gonna work out. We could always go back to the way things were when I was on a budget machine where we had a very, very, very code based set of zoning requirements. You shall have this from you. You shall and you shall and you shall and you shall and you shall. And you end up with some pretty lackluster products because you're designing a sub subdivision, no offense, Tom, to a set of engineering standards more than than I think the look and feel of a product community. So, yeah, I struggled with this for twenty five years, code based versus form based. It's a it's a hard one.

I'm not writing more like that. I just realized that I was not ready for strategy.

That'd go elsewhere. And that it's also part of the process. Something about long negotiation is required for all of our standard ordinances. This one would be included now. Yeah. Nathan, if you don't mind or did or you had do you have more on that?

I just I just typed up something if you want just for sake of Okay. Get it. Any fee in lieu, if you wanna add this as a provision and this could be added to every section related to fee in lieu. I just added it to one of them. There's really three because there's a but any fee in lieu of open space or amenities must be approved by city council as part of a development agreement approval. If you want to do that, I think that covers it.

In three spots, the three types of zoning. I have a motion and a second compared. And that amendment approval by the council for being. I

think this gives the staff that that way they're like, well, you know, even even necessarily escape your orders to another set of eyes. It's a bit of a transparent sort of proposed because you guys do that anyways. And that people just keep it before.

Yeah. I mean, the council was gonna turn to staff and say, well, what's it worth? Yeah. And but still, it's the council, you know, you know, taking the money instead of the property or instead of the amenities. So I think that's a good amendment.

Plus plus it puts it as an agenda item. So if it is something

their neighbors are really passionate about, then they'll actually have a chance to speak about. No. I don't want that park half mile away. Yeah. I want it to to mitigate the impact on me.

Right. I know it's one more step. I think that's the value of it.

K. Any more discussion on the amendment? Seeing none of those in favor of the amendment in three places. Right? Similar language for the three types of zoning that's in motion. In favor of that amendment, please say aye. Aye. Any opposed? So I I think he hit it on the head from the very start, and we touched on this in previous meetings. Given the optimism, excitement, hope, expectations of going through the general plan and having something that is that means something that's practical, that's actually tells us what to do with certain parts of towns instead of just saying medium to high density, you know, especially the future land use map. I I mean, I caution us. I think this is good work. I think this is a a valid zone that was born of a completely different genesis than what it is now, and we don't have to go back to that genesis. But I still feel like we may have and and hammer is too strong of a word. I'm not trying to be forceful. Maybe we have a a a small hammer looking for a a nail. We know what to swing. We know, but we don't know where that nail is without having completed our general plan and having gone through that exercise. And we may not know exactly after that either, but I'll feel better about. Now the council, you know, this is a legislative decision still with and without the map or whatever to go through a rezone process. That's up to you all with the advice and, advice of the of the planning commission. You know? But it sends a message to a developer. We have the zone. We have the hammer. We don't know if we have the nail, or we don't know where the nail should should go. So to me, it's a little bit of a mixed message. I think, you know, if the council passes this, I would I would still be careful about, you know, what we do on results. And that just kinda frustrates people a little bit more because we ask people to we'll go read our Tony Mormons. So, oh, this looks good. Nah. No. Not there. Not there. Not in that spot.

I get I get I've seen here with work meeting people from all over the valley, and and lately, I've been getting a lot of people that are just first time starting their life together as a married couple, and they're saying where you're from from Nimbly. So I think something like this gives a balance. You know? Or we'll ask like, just get a variety to get us more variety people here.

So I think that's

Yeah. I'm I'm happy as planned at high tide about the community that is being developed with things like Rootswine. I mean, as you would expect, good people live there. They're becoming a a a valued and integral and supportive and active and healthy part of our community. Yeah. And that's what we want. Mhmm. So I think we're all we're all learning that lesson. So Yeah. No. I

agree. It'd be interesting. I mean, like you said, we built the the one zone that hasn't been built out. We're already changing it. So it'd be interesting to see I I guess it just shows that it can be changed if if it's wrong or we were listening and changing it to make it so it's more buildable.

I mean, that goes back to the commission's first question that I also have is do we even need it? And choosing the the reason for us. And then decide if we need it in question. Build that expectation. Yeah. See what happens. Okay. Great discussion. Thank you. Anything else? Any opposition to voting? Seeing none, we'll call for the vote. So we have the the the one amendment in three places. Other than that, it's as presented. Tara, will you do the honors, please?

Yeah.

Sure. In favor?

Okay. In favor. Absolutely.

You create honor. Store in favor and unpost. We buy a plan information down to things. Pretty well on this. So yeah. Alright. Let's let's move right along to the break, Sam. This is a discussion and consideration of resolution 25 dash three. This is an agreement with the state of Utah For it's a pretty exciting possibility, in my opinion. I'll go ahead and bias the introduction. This is you got willing to spend about $4,000,000 on trail in our neck of the woods. Doesn't mean it's. So Justin will lead us through a discussion on that. Yeah. Just scroll for it. And then why do you have to back up a you guys stay at line? Actually,

that'll work right now.

Alright. Thank you, Mary, for the introduction. So the Utah Trail

Network. Network. Thank you. Utah Trail Network is a program that Governor Cox initiated a few years ago about trying to connect Utah with the trail system similar to the freeways, if you will, just try to build this big network of trails. So there's been a bunch of money put aside to to go into this effort. Cash Valley was or Cash County, excuse me, in the early phases of this, put in some applications or discussion at least about what this this trail and whether it would be a good fit for this program. It was selected in the first go around of projects that were submitted and to be funded. It was, as mayor mentioned, $4,000,000 set aside to construct this trail. There's been a lot of discussion since then. There's some discussion about the trail alignments and other conservation efforts underway and what's going on in the middle there with the the the Furman property. But in the end, this is what's kind of been boiled down to. The county has done a feasibility study on this and is willing to and UDOT is willing to move forward with this project in design and construction. But they're because I'm I'm making some assumptions here, but I'm assuming because of its remote location, if you will, from the rest of the state, they're not necessarily gung ho about signing up for maintenance and making it part of the actual Utah Trail Network. So we wanna leave the door open for if they make that decision, then they want to be able to put it back and to officially make it part of the Utah Trail Network, at which point they would take over maintenance operation. But until that time, they want the local municipalities to take ownership of the right of way, ownership and responsibility of all maintenance, all reconstruction if there's damage that happens, and and and just all responsibility. So about two or three weeks ago, initial conversation started with between us, Province, City, and Millville, maybe even before that, but it got real serious a couple years ago with an actual agreement. Millville's made it very clear since the beginning they're out. They don't want anything. They're just not interested. And so it's upon maybe we see Providence to take on that responsibility if we so choose. So Providence had some freeze. They had a lot of concern with the agreement. That is why, I don't know if you guys noticed in your email today, I sent you a new document. I was told that Providence is on at least, the Providence city staff is on board with that, and that's the agreement that's gonna go to their council, I believe, on the sixteenth. And so we can we can flip to that if you'd like. I I originally had some concerns or some hesitations about it, kind of signing up for maintenance of something that we don't know exactly what it is. There's a lot of details in the engineering design of how things are put together that would impact and influence maintenance and the cost of what that maintenance would be. And so that's really my biggest hesitation, and I would just like to make sure that we will have the opportunity to be in the room, part of the design, make sure our city engineer's comfortable with the way the specifications end up so that we're gonna get a quality product that's not gonna assist to maintenance more than if it was designed another way. So that was that was one concern. The other concern is the the portion is actually if you look at the lower left corner, that trail starts at the roundabout near Richland High School. They are hoping and believe it's possible to put in an underpass underneath that bridge. Now that is cool. That is exciting. And the point of that would be is for a regional trail and not cross the highway. Well, 99.9% of Nibley City would have to cross the highway to get to this trail. So I would like and prefer that you have both options, potentially extend that trail at least on along the highway to 2600 South so that you have that option and or you could go across 2600 South at Delight down the existing trail that we put in eight or nine years ago and then loop back and go underneath the bridge and then out along the highways. Does that make sense?

You're saying because on the west side of the road, there's not a sidewalk from 26 cutters up to where the trail would be. That's that's No. No. There's nothing there.

It's just shoulder gravel. And so to get to the trail, you would have to cross.

So I don't know if that's the greatest thing for our residents to have to do. So but it's okay to go to the trail for a mill, but it's okay to maintain it. Weird.

Yeah. And that that's a whole separate side discussion. Now part of another invitation I think I guess let me cut to the end here real fast. Just I think, at least for our staff is is we we we would recommend passing for first reading and letting us kinda get through some of these details that we're talking about. We could continue this discussion, make sure we understand what concerns, questions that you guys have, and be able to take those back to you, Dott, and see if we could do anything with this. I'm not a 100% sure that there is room at this point for more negotiation, but at least so we could bring up some some points. So that said, one of the things in this agreement is in appendix c talks about the responsibilities between where is the line between Providence and Nibley. Now we've had some preliminary discussions with Providence about some different ideas on how to do that. His their preference would be to not include that in this agreement. You guys preference? Sorry. Province City's preference would not be the they want the agreement,

but I think

the biggest hesitation Providence has with it is they just honestly feel like they're being micromanaged a little bit and told what to do and has cons he has concerns. This is the senior manager has concerns about being held to certain standards that he may not necessarily wanna be held to. He he wants to take care of the trail. He wants to maintain the trail. Like, he wants to do it the way Providence would like to do it, the way Providence City fits into their budget and maybe not necessarily to a e dot standard or something that you dot and or maybe a citizen would expect from this agreement. So he's really trying to honestly just kinda get that as generic as possible and leave out as many details as possible, then his mind would be a benefit to not being tied to those issues. So, again, I don't know. We just got this today. I I have not heard it out of their mouth whether or not they're happy with it, but I do know that they are planning to take it to council, like I said, I believe, 16.

So what's city manager and Snow's alternative is to this we don't know anything about the maintenance. But between Nibley and Providence, all the jurisdictions involved will trail on all those different jurisdictions, Millville, Nibley, the county, and Providence. Between Nibley and Providence, he's confident we can work it out. Okay. I think so.

I didn't get any confident we

I I think so. I mean, I threw out an idea potentially. Maybe we would just remove snow in the winter time. He would take care of summer maintenance. He thought that was interesting. He hadn't thought very hard about it. And but he seemed open to options and open to ideas and wasn't real set on exactly what he was was wanting or hoping to do. But I think, again, the point for him is just get out of Udons.

And

So, Diane, again, I I I'm probably not speaking for him. I mean, that's just my interpretation of what I've seen, what I've heard from some of the emails and some of the meetings that have that have happened. So we did have a meeting with internally our staff and looked at what would the cost be to maintain this. And, you know, it's like I said, we don't know a lot of details, but, I mean, off the cuff and off the guess, you're probably looking between 5 and $10,000 in staff time for plowing, mowing, maintaining, then, you know, repairing, whether that's concrete or asphalt. That's the annual. Annual costs. Sorry. 5 to $10,000 a year annually in advance for this. I think one of the other problems and and not just provenance that this had is with the agreement. It it it is a little odd that we want to give this to you. We want you to take care of this, but we decide we want it back. And that's in the agreement. They have up to three years to decide whether they want it back.

I mean, most of this trail from yeah. Doesn't mean most of this trail fall in Millville?

I think where it makes the 98 hits west there exist the province line. So it's about 50% in Providence, 45, Millville, and 85, I believe.

Yeah. Millville and Cache County, I think, because the firm in the property is an unincorporated county.

Right. So how come the Cash County would be responsible by taking this?

They told us they didn't have the capacity and the ability to do it. So that's a great board. I I I wish do we look at that on that? Can we go to parcel viewer? We're certain that the that's unincorporated.

Yeah. There there's this there's a section that is that's unincorporated.

It's not big. But you know how the accountant feels about taking care of a small size in front of the dog. I shouldn't speak for them. People are doing the same thing. Small size. Right. That's it's It's so hard then. The whole thing. Exactly. Did you know that? Yeah.

We do have to do that now. We do have to do that.

We do have existing trailblances on it. And so and with this agreement, then we would have dedicated use of property in the community. 16 feet, I believe, 16 feet wide. I assume they would shove that all the way to the West. One of the questions that Rob had about this was, does that mean you have to go and take care of your puncture between the edge of the asphalt sidewalk? I don't believe it does for this agreement. It just basically said we gotta take care of that that 16 feet and, you know, both shoulders and 30 shoulders. I don't know how wide the asphalt will end up being.

I'm gonna be serious. 16 feet, eight feet on the center on each side of the center.

So that was the right of way width, but it didn't say how wide the actual asphalt trail would be. So my assumption would be in 10 feet, 12 feet maybe.

This is unincorporated here, that little section.

Yeah. That's the firm bridge to the note there. So between

the firm and bridge, 26 foot south, is it?

Or between the rip basically, the river and the Fermin

the river crossing and the Fermin Bridge. Yeah. Yeah. This is this is.

It's through a cults. Just a big bridge. The bridge. Yeah. I'm pretty similar to the one ten plus. If you've been under that, it's just big concrete girths.

And inside, you'd have a little bit elevated.

They put trail on that. Now that one often closes on high water years. Yeah. It seems like lately, more years than not, but this year, probably, obviously, we didn't have any sort of major runoff, so it didn't close this year. I know they have another one that near the mouth of the Canyon Hill that that has been closed either, but we would be in a similar situation. Have to evaluate that and determine what it would say to allow people. And there's also a question again, this goes back to the design. What's the clearance? I think they're showing six foot six right now. That's been a lot of work. So I think a kid on a bike, especially my son on a bike, I don't think he's gonna hurt that thing. And they'll truck truck. So there's some issues and some things there. There was a lot of liability questions, like, was there a liability on this? We kinda talked through that thing and then especially with the that that came with mind because of the low clearance. But there's a lot of things we would have to do

for to make sure we're not being negligent

and for in causing a safety, but there's a lot of signage and things. As long as we're not being negligent, we should be sort of protected from liability with the way the government immunity works. So that that's another maintenance question. You know, how high or out of the floodplain is that thing if that thing gets washed out? Are we rebuilding that often? Or do they build it such that it won't be washed out, but we still gotta go plow six inches of mud off it every year? You know, there's there's a lot of those questions, I think, that are tied to design that we we still really know right now.

The the 10th West crossing, it goes under 10th West. I've spent a a lot of time there. As it turns out, we have a the bar lab best and quality side there. So I was there every day for about three weeks. It's a cool spot, and and they did have about I saw about 10 inches of water on that trail this year. This year? Anymore. Yeah. Really? Yeah. Even this year Did they close it? I don't I no. They never closed it. There's a sign there that was never across the trail that I saw. There's a sign up, but it's just laying down. Interesting. And that's when I told you there's two kinds of kids here. The kinds of kids that come to that, and they stop and look at it. And there's the kinds of kids that know momentum is key to getting through it. And and it got muddy, right, when the water receded. It was muddy, and somebody swept it off. But it's a it's a neat thing. I mean, I I believe it's a it's a valid way to get underneath 10th West. And I think it's a valid way to get underneath 165. But, I mean, to me, this is this is a showstopper. If we if we 165 is still a barrier to Nibley. And if we make Nibley residents cross 165 to get on this trail that we maintain, essentially, in in the, you know, in the middle of Millville starts in the middle of Millville. We we make our residents cross 165 to go down and get on this trail so that they can build underneath 165, then that's that's just not acceptable. So, you know, Justin's idea that the only way this works is if we have both the under one sixty five crossing with the river and the continuation of the trail about where, yeah, we Levi's running its cursor to 2,600. So Nibley residents can go get on this trail without having to cross one sixty five even with crossing lights and all that other stuff. You know, mom and dad with three little kids went under on bicycles. It's still it's still a challenge to get across back to what seems to be odd. So I'm not if I'm not interested in having Nibley City maintain the trail for Millville residents that Millville won't maintain themselves. And that actually raises a an issue though is and that is if we're not using the the river to cross one sixty five, now we have to get Nibley residents across the river The river. Here on the trail. And so Another bridge. They're well, it's either use the U Dot Bridge. You know, the trail has to go up on the U Dot Bridge. It's the vehicle bridge and then down onto the trail. There's about eight feet from when I looked at it on the parcel viewer and, you know, maybe some good old Jersey barriers. That'll do it. To keep some kind of who would've got a bad end, everything. Right? The main people feel safe, and it probably would be safe. But, you know, if we're not using the u.bridge to get across the highway, we have to use the u. If we're not going underneath the U Dot Bridge to get across the highway, then we have to use the U Dot Bridge to get across the river. So there's some details there. Right? And, Tom, you were kinda nodding your head. I don't know if you've looked at any of those details or if that's just to to be determined. We're just

exploring. Just don't know. Right? Yeah. That I guess that's really my

biggest heartache. They want us to sign this before they wanna spend money on design.

So Yeah. And flat out, design starts with, well, where is the trail? And if they're already set and there's no question about where the trail is gonna be and we don't get to have any input on that, then it it doesn't make sense for them to ask us to maintain a trail that we think will be of limited value for nuclear residents. I mean, I'm happy to maintain trail myself. Like, 5 to 10,000 a year is serious money, but I think there's that kind of benefit to Nibley if we can get our citizens on the car. But if they have to go to Millville to get on it, we're all seeing 65. It just doesn't work.

Just to clarify, there's also there's not a parking lot in the design at all. So, like, if somebody was coming from further away than just biking distance, they'd have to park in the high school that's available or

somewhere on the road. For your hand, if you're emotional.

Yeah. There's no trailhead.

Yes. It it I'm sure it's even intended to be a trailhead. Okay. I mean, it connects ironically to a Nittley Trail which

is to reach out of high school. Yeah. And it Like like, you were just thinking if there's, you know, a mom of three kids on bikes, she can be a lot more hesitant to point across over one sixty five to get on this trail. I would be my kids are already

I'm like, come on. Go on. Yeah.

So yeah. So the idea of being able to start on the West Side Of 165 seems much more agreeable for some of these small kids.

If they go on the East Side, it's fine too, but the East side's across the highway. Yeah. At some or it is your choice. If we extended that, they don't still have to cross it. If we extend that On the east side. Yeah. If we extended the trail, go down to 2600. It's a little better. Still have to cross the river. Exactly. Yeah. On the bridge. Across the highway, under the bridge, across the river on the bridge. Yeah. And and we we multiple reasons lost access via Stowe's property both because the firms are out and because of their restrictions on their stuff. Yeah. If you put out the this is our duties to get a scale. Yeah. Let's do it. Alright. Let's do it. No. Let's do it. I'm telling you. The packet has the map with the trail on Exhibit something something.

Oh, wait. It's over here. Why is it not pulling up?

Yeah. That one? It's got it. Yep. So, I mean, that northern, which is to the right part of the trail is gonna be absolutely gorgeous. It goes along the Blacksmith Fork River. It's gonna be shaded. It's gonna have a river. It's gonna have interesting things. The south part of it, not so much. And there's still river there up south part. But because of Stokes' insistence or DWR's insistence that you can't be a trail through Stokes' property, slide our fifteen years of progress. And because of the, Cache County Open Space decision to spend some of our $20,000,000 to protect Joe Furman's property and not requiring him to give us any sort of easement on the property that we as Castano citizens now own the development rights to. It's it's half of it's a great trip. So there's the scab that just got ripped off. That someone else would. And it yeah. Yeah. And it and to to to just to make this point on meeting, it's like, well, our section of the trail is easier to maintain. The forward part is freezing to fall on it, and

That's right. It's just a.

It would sure be nice. Yeah. It would be. I just need to lose quickly. Nate, I'll make a motion to approve the first reading. I have a motion and a second for a a motion for maintenance that would normally approve for first grade. And then I think what that means is go off and settle some of these issues, not as counsel, but as a we have representatives from counsel. I'm I'm certainly passionate about this. If you don't mind me participating, I would love to. And Justin and Tom and Peevai We'll work this out for what we think is a good deal for Nepali. And, you know, two of you, we could do three if you wanna do a meeting. But two of you two of you wanna be a part of this too. I I, yeah, discourage anybody from doing the file.

Yeah. I I I do. You definitely have some things to work out. That's what I looked at. Like,

is there any even any part of this in NetLink and where we're gonna pay I need to maintain this. That that part right there, that's the b side of $1.65. Yeah. Could be something. That's in his list.

Let's see. Okay.

Okay. I mean, it's saying, I'm gonna do walk your trail.

Mhmm. We can negotiate that. I I don't wanna build an expectation we'll be successful there. Lance approached me about this a long time ago.

You know, it's not a they take their part.

And I shouldn't say things like this. If this was in the public meeting, Melville, when they said, well, we're not gonna maintain a trial. They said, we have a trial. It's had one. You don't need a Trello network, not Trello.

Anyway

Okay. You feel like you have we have direction on this? I think the keys will be you know? And and even if it is actually, if it's not part of the view dot agreement to Ryan Snow's, better point, maybe we start with somewhere when, with, Providence. I think we have a fifty fifty split on the maintenance, and we planned out later, we don't. So it would be up to the us, you know, and Providence to say, yeah. We're better at doing this part. You're better at doing that part. That's not what the original original agreement was, so let's let's just change that down the road. Not now. We don't know anything yet. Does that make sense? Yeah. Okay. And we need to make sure you, doc, and everybody else involved understands what first reading means. Yeah. The council's supportive of this, and we have some issues to work out before we actually adopt it. Yeah. That's council's opinion. I don't get the idea of language that says we're in agreement. We're not fully in agreement till we see something like that. Whatever they need to feel like they can move forward, but, eventually, we need to be able to say, yeah, we're not. Yeah. And opt out after design.

Yeah. I thought about that too. I don't know how you put that in.

I don't either accept for them to understand that we wanna be part of the design, and first reading is not a guarantee of passage on second reading. So get us involved in discussion. Yeah. And and we'll try to come up with something that we we do all a lot. Okay. Any opposition voting for first reading? Seeing none, those in favor of advancing to first reading. Noting issues to be worked out before second meeting. Please say bye. Bye. Any opposed. K. Thank you. Good day. Good day. This has been really easy. Just one more thing, I think. Okay. You know, we're so close to we've made the end of this agenda, but I think we should just power through, you know, that was good. Next, we have resolution 25 dash four. This is not more this is this is authorization to authorize taxable water revenue bonds and incorporate this to take out a loan that people have heard about. But loaners would like to make sure the council is willing to accept this debt of Pat of Naples residence. Am I saying that right, Tom?

Yeah. Maybe if you would give me just a second. I'm gonna get Eric's

turning on with some or on the phone. Okay.

Now I'm trying to get a little more water. Yeah. We

told him he'd send his Zoom link. He's without calling.

Hi there. Hey, Eddie.

You are live. We are on agenda item number eight where we're gonna talk about this resolution to authorize the loan. So I don't know if you want me to give a quick inter first of all, can you hear me okay? Yeah. Can can counsel, can you hear me?

Can hear you. Yeah.

There is a Zoom link if he wants to. I did I did send it to

him. Yeah. So

if you will I guess we'll try we'll try to pop through this. If you can't hear the council, we may have to Okay. So this is a really quick introduction to this item. You guys are well aware that the city staff has been trying to get everything lined up to drill a new pulmonary water well. We've been working on now for a year or so. We believe we have the location picked. We believe we have the water rights in place. We're ready to begin construction. We've received some money from the Bureau of Reclamation excuse me. From the DWRE, Utah Division of Water Resources, that money has been basically secured. The deals, that was the 1.2760. 760,000. That would be over. Okay. Okay. My numbers don't mix up. It's it's you can tell it's after budget. So it was about a million a little over a million dollars we have coming in in grants from two different in agencies. One of them secured the other one. We're just putting the final touches on. We should know for certain we've been awarded, but we just gotta jump through other hoops before we get handed the money, essentially. So we to to fill up the gap, we went to the division of drinking water in the state of Utah and applied for a loan for 3 and a half million dollars to be able to fund the rest of the project. And so as part of that loan application, there's lots of hoops and lots of junk similar to any other grant or, government's funding. There's a bunch of things you gotta do specifically in this case with notifying the public and things about taking out the loan. So that is where I will hand it off to mister Eric Johnson, and he can help you understand what this is and the process going forward. Great. Well, thank you,

Now before before to as a public information,

because the state code says before you can issue bonds, you have to get notice of the maximum parameters for the loan. So maximum principal amount, the maximum interest rate, the maximum maturity. And and so what you're doing tonight is calling a public hearing, which you like to repose, and authorizing the notice that will comply with all your funds. So state law, you can't proceed to authorize the bonds until after that public hearing on July 31. So tonight, you're just calling public hearing and authorizing the notice. The notice is slightly different than the long terms. Long terms are that $3,500,000 wherein what is called a hardship grant assessment in lieu of interest of 2.5%. So it works just like interest, but it it has a special name. It cares about where the money comes from. The the the term loan is twenty years. But in the notice, because the whole project has not been bid out yet, the point of interest in the notice are 3,800,000 about $15 assets fee in in lieu of 2.5% for twenty five years with a 1% maximum 1% discount. So those are the the terms that you're authorizing in your notes. Then on July 31, you'll owe a public hearing. And after that public hearing, even immediately afterward, you can then consider authorizing the loan that is approved by the fee on approval. Questions?

Eric, maybe you could really quick hit the steps. I saw an email from you today about if this gets passed tonight, then we have to send a letter to every resident in Nibley City. Correct?

Yeah. I'll speak to check notices. There's one that is required by statute, And then there's one that the region wire could ask you to mail out to all of your users. And so the the region wire I see the it contains basically the same information, but but that will get mailed to it's a one pager, and that will get mailed to each of you wired users. And then the other notice has to be posted in three places for at least fourteen days people who book here. The first place is on the city website. Second place is on the Utah Public News website, and the third place is on a bulletin board there at City Hall. And tomorrow, you will we will send Cheryl those two notices and be clear which one goes for you.

Yeah. It's it's interesting. Thanks for that information. Hopefully, you can hear me. I think we have taken a very, to me, conservative approach with water master planning and impact fees and getting a 2.3 two and a half percent loan, two two and a half percent. Seems like we've been good about being fiscally conservative. And then I need to make sure that or we need to make sure that we can somehow show our residents that that's how we feel as opposed to us just out here. Hey. We're just borrowing money without any you know, with with rent that's abandoned. So I'm not sure if that's the point for Eric, but that's coming for staff. And I don't know if we get to model you know, get to look at the notices. I think we've done the right thing. I wanna give that message to people

if possible. It's an opportunity. And that's how we borrow money is when we build this building. Right?

Yeah. We we borrowed money to build the 640 Westwell. That's the last time we actually borrowed. But we we did borrow money for this building. We also borrowed money for the sewer. So those are the the sewer in this building are the two outstanding loans that we currently have. Now we've had a lot of discussion about this building and how based on what the interest rate is, we're ready to pull the trigger on paying that off. We're just waiting for that switch to flip. The sewer is 0% interest, so we don't have a long motivation to pay it off.

Yeah. But it's it's not a regular current borrowing. It's it's some for Right. Infrastructure.

Okay. Alright. So as I understand it then, we need an if we move forward with this, we need an adoption of the resolution 25 dash 24 waiting second reading, which would then set up public hearing, and then we have another adoption of another item

after the public hearing. Yeah. Okay. So it seems like the opportunity for that education would be at that public hearing if anybody cared or showed up. If we try to send educate I think what you're trying to tell me is to send education note with this notification.

Well, you scared me when there was a letter to every Nibley resident. Yeah. As the owner. That's the unnerving part for me. I mean, we'll do it. Yeah. I get it.

Yeah. Could you add a one pager of why we're getting a well? Do you understand do you understand that question, Eric?

It's

No. The question was nobody not unless they've been paying attention, a lot of the residents have this is gonna blindside them, and they're gonna say, like, what the heck? Why are we borrowing money? We've been through a long process of studies and planning and is there can we add material and or education with this notice that goes out so that a resident that has no clue could read it and say, this is why they're taking out the money instead of just this pretty formal notification of, hey. You're gonna go on debt?

Yes. That would be fine.

It's 52.

Yep. It should they do it right. Then it can be added to both notices.

Okay. Perfect. Nice.

I just make a recommendation to consider, I think, a website.

Give some kind of some in-depth that Okay. That represent that.

That's a good point. People like care you don't look at it. So Yeah. Maybe that's how you do it. Just have a a QR code or a link maybe. I think you still can't describe. Yeah. I gotcha. Super summary. Yeah.

It's a great idea. Go look at all the sudden open spheres as opposed to printing all that. Correct?

One being mailed out to us. You can ask Peter. Aaron, do you know the the time frame for the the mail notifications?

Because it's not a statutory requirement, but a request of your lender, who is also your water regulator, there isn't a debt deadline in, you know, by our part in advance. They usually even want to, you know, the service and chain AC units.

Okay. Thank you. Thank you.

Okay.

Is there enough information for counsel to act on one way or another on resolution twenty five twenty four?

Motion to approve resolution twenty five twenty four and waive second reading.

We have a motion from Norm and a second from Garrett to approve twenty five twenty four and waive the second reading and forward with as Harry described. Right? That's that's the body of motion. So that's the form of counsel. Discussion, please? Any opposition to voting? K. Since this is on final passage, Cheryl, if you'll call the roll for us. Thank you. Favor. Favor. In favor. Four in favor, none opposed. The resolution passes.

Hey. We're good, Eric. Appreciate your time. Thank you. Thank you, Eric. Bye.

Bye. Moving right along, 2525. Tom, we can't wait to hear about our favorite flowers and all the progress you've made there. It's been slow, but there is progress. I think great.

Just I can go speed through this. I can go slow and in detail, but I've got about 12 slides. It goes from the entire history of this part, how we got to where we are, where we just cut to the chase and just get to a vote on something that we have to do if we're gonna capitalize on the on the grant money. Any preference? K. I'll just go through the whole thing. So in 2020 Yeah. The short version? Yeah. Then I'll skip through this history. I wanted to display the original wetland boundary that was based the basis of the original concept plan on the left, and then the boundary of wetland on the right is an updated one. Once our our original permit was denied by the or at least not denied, but it was requested more information from the Army Corps when submitted our permit application. So they almost doubled in size. With that also came all these other NEPA requirements. Their Army Corps wetlands, archeological, historical, and endangered species, and I I highlighted the wetland and the endangered species. In order to capitalize on the Land and Water Conservation Fund grant, we need to satisfy these NEPA requirements. The UR grant is also tied to this land and water conservation because we're counting that money as our match for the UR grant. And so there's two different phases as you remember. There's the the phase one of the park, and then phase two is the bike park. Both of these are very, very much connected. And the current status of the project is we have a contract with DWA. We've got some value engineering. We've ended our library in case we have a little bit more money. We have another opportunity to maintain contact with our grant administrator. We have another opportunity to request another increase, which could cover some of this extra environmental cost that we're incurring getting to this NEPA process. And that is the next step is reapply for a permit with the Army Corps and go through this this whole entire process. We've maintained communication with the Army Corps, so I I think it'll be expedited if we can satisfy the requirements from the United States Fish and Wildlife Service. And that is a protected easement for the ladies' trust. It does come with some conditions, and these are all listed here. It's a twenty year term. It includes a habitat management plan that the idea behind the habitat management plan is just to make sure that the vegetation is not manicured, but maintained that won't compete with the youth lades trust. It all it also addresses things like water source, don't dry up any current flows through there, things of that nature. So back to the the vegetation management, that could be accomplished by mowing before the blooming period. It could be by grazing the goats, goats, cows, whatever. But but it gives the the city of choice that we we continually monitor this for the twenty year period. And through an adaptive management plan, if if things change, we would adapt our our application of of maintenance as well. So we we continually have to manage and monitor. The first two years, we continue the survey of of you ladies' residences. This is a a very formal survey. They go out with survey rods. Like, they flag each population as it as it blooms, and that's coming up pretty quick. The first year is around 6,000, couple $100. The next year is also $6,400. Through 2027, I have a contract waiting to be signed on my desk if it's in the 12,500 to get through this first year. And that's the majority of the maintenance cost too. But we Rod and I sat down, and we put together a maintenance maintenance cost throughout the whole twenty year term. It's about $83,000. 12,000 or $13,000 is that is in the first couple years. And then it through the next eighteen years, it's a yearly loss of about 3,500. So it's not exorbitant. It sounds like a lot, but it's not too bad. It allows us development of the park improvements through the how the the plant was modified.

Yep. It's construction activities

only occur between September 15 and July 1 of each year. So back to the urgency here. Our our land and water fund grant, the term expires October 2026. So if we don't get started this fall, there's not there's a chance that we might lose our funding if we if they don't extend our term. That's also a part of the plan, I guess. It limits access to the developed areas of park. Dogs are allowed in the park if they're on a leash. Additional development may be considered and but requires an environmental site assessment with the u United States Fire or Tradition Wildlife Service, but we we can't consider any additional development beyond what's on this original plan for at least three years.

There is

after the first two years, then we do monitoring of this population every other year, and I can be I'm I'm hoping to get a USU professor that have this interest in there where they can have graduate students come out and study this population throughout the eighteen years. So those are all this list is pretty much what regulates this this easement. I think it's reasonable. It's it's this is a product of negotiations with the fish and wildlife involvement with elected officials and staff and environmental scientists with

What is that? Civil

Solutions Group. You met Coleman Klein. He came and gave presentations. Part of the easement also includes reference to this habitat management plan, and it requires a an educational kiosk, some information out there that says, hey. This is a ULA stress. This this population, you can observe it. This is when it blooms, it just gives some information on that. We also need to because of the funding, we should recognize land and water as as a funding source for the for the property and, you work as well. So if if we get approval and wave second reading today, we will finish up the biological assessment. Fish and Wildlife, I just had a conversation with them at 05:30 this evening. They're working on the final biological opinion, which brings everything together. Once that's signed, it's contractual, and we move forward. And they will support Army Corps permitting and ex help expedite that for us. Best guess, we have about ninety days of permitting. We could be under construction in November. Be through this construction period by the July 1, and have a park by next year. Any questions, comments, concerns, or complaints?

So if it is delisted or in in two years from now, then what happens to the confirmation easement? That's a great question.

We tried to get that null to nullify the easement. Their opinion on that is these con this this conservation effort and these easements that are currently in place throughout the nation are why this plant is becoming delisted. So to just eliminate them would defeat the whole purpose of all their efforts so far. So they weren't willing to to negate that or nullify the the extent once that happened. So we'll still go twenty years

within half of that twenty years. Twenty years,

it can be renewed, but it has to be mutually agreed upon that.

City says k. So this is how it's handled. It's all under listed, and the instance the state says we wanna do something with that land. We have the right then to do it. That's correct. Yeah. We mutually agree. Any extension.

Mutually agree? Yes. So I was in for mutually agreed to extend

the Yeah. Correct. Right. Not mutually agreed to Term. What I've

That is exactly. I was in for That specific language mutually agreed to extend.

Part of the negotiation also was basically the border lock once we had identified where you are having the 11.

Yeah. So back to that point, future development will be allowed if we try to avoid the population and do an additional ESA site assessment with the Fish and Wildlife, but we can't do them for at least three years.

And we integrate these to Ireland?

Did

you? So stash request is that that second reading is waived and that you give authorization through this ordinance to record this easement to move forward and get permitted and construct the part.

I'm canceling off guard on this, Tom. The exciting part, I think, to to a lot of people about this part will be the bike track. We got bumped out of the queue for the bike track folks, and you've talked about getting the phase one rolling so we can get this dirt moved. Any idea what this does to the bike park schedule? So I've been communicating with we still have a contract with them as well. Yes. The company.

They've agreed to postpone it, and they're on queue to start that this spring. Okay. It is it's difficult to start in the winter on this on that portion of it because it's a specialized asphalt product. Okay. And it doesn't do well in cold weather. So they think they can get it done before that too.

Wow. So that's fantastic. You're saying phase one and phase two, which include phase two's bike park next year, next summer. Yes. Yes.

We were we did apply for phase two b of the ballpark Right. With the org, and we were denied, I think, primarily our denials based on we haven't got it back for two years. I think if just when momentum continues, we have a pretty good opportunity to get that next phase as well and future phase of some of the other portions of the market.

Justin mentioned that we I forgot about this. We did give reps money for the buying part. Not as much as we asked for, but we got some. I think it was a 180.

Yeah. It was half of what we wanted. We need going about $3.60.

Well, Tom, thank you for being so diligent on this. Seems like it's easy to give up and walk away, but you never even showed an inclination to do that. So thank you.

I I think about a finished as far before I ever text. At least eight points. That's me.

Well, I'd I'd rather keep you around than build this park. There's

ways to do that. Okay. I I do have a countdown to when I get thirty years since in three months, four weeks, or three weeks, and six, ten, sixteen. I started in 07/07/1997.

It's too soon. You see? I think more than forty years.

Yeah. Effective. I'll stay.

If you have to there's always one great way to to keep someone around. Just give them a huge raise because then they need to stay around for three years to get that high three. Just a hint. Alright.

Great. Great note, Ted. I'm good to follow us. Motion to

wait. Wait. Wait. Wait. Wait. Second week.

We have a motion from and a second from Garrett to approve resolution twenty five twenty five waiting second. Discussion from the council? Any opposition oh, sorry.

9.7, which is the deed of easement. It says on the very first line, this deed of protected easement made on this the July 2025.

Oh, yes. That is purely a placeholder. Okay. This is a draft. I'm confused. Like It was a draft. So it I don't mention this. This was a draft that simultaneously, as I was preparing this for city council, I was also working on Fish and Wildlife to get their input and their taste on a quick draft and just put that day just to be funny. Thanks for catching that. I'm waiting. And I did hear back from them. They're okay with it as it is. There's no modification. But chef is ain't. The exception of the thing, which is crazy to me because I was banned, called people asking them, do you have time to write? No one knew. I didn't know how to do it, so I'm like Yeah.

Do it. Sounds like we're too easy. Should have been a little more aggressive then if they said okay.

No. I just gotta, like, get together slow.

We have scheduled first. Yeah. But that is an important piece of information that came out, and that is US Fish and Wildlife is gonna

go with this. Yes. They've accepted this. Yeah. Yeah. So I just had to finalize this, put a date on there, get a signature, and they they said they didn't even need to sign it because this will be part of that biological opinion that finalizes everything as coming soon.

Other questions, discussion, comments, opinions? Is there any opposition to voting? Sarah, will you call the roll, please?

Council member Larson, what is your role? In favor. Council member Larson? Council member Mann. In favor. Council member Rand's all.

Okay, Amber. Thank you. In favor, none opposed. Resolution passes. Tom, thanks for your good work on this. Definitely appreciate it. Okay. That brings us to the last item, counsel and staff reports. Who wants to start? Let's start with Nathan. Right in with yourself. Are you ready or do we have to go to Erin? I'll get you. Sounds like you're ready for that. Okay. Erin?

I just have one question. I had a

real net reach out to me and said she wants to organize a service project a service day for the city. And she asked if the city has any things that need to be done that she put together to do. She said we had a separate place like a park that we could use tonight to provide the manpower city had any opportunities. So maybe that's something we can think about or you can get back with me and and partially something or I don't know. Anybody Yeah. So if I could we we have a meeting, I believe, next week.

Oh, sorry. Yeah. So we're we're gonna participate in the service city in conjunction with the church of Jesus Christ. So we pull all sorts of projects together and resources and send out advertising. So I'd be happy to get her to see if she'd like to participate.

Okay. Great. I'll send her a great permission to you. Thank you. And and she wanted to do something else, would be different? We can we have projects. Organ part of that. Firefight part. Infinite Bible. It's these kinds of, like, pretty expensive activities. So we'll go with that first. Right? And then if they go ahead, they can do something using a we talk to Morgan Farm and is Becky

okay about that? Yeah.

Hey, Aaron. Anything else you can do, Greg? Aaron, what do you have, of course? I just had a follow-up in class in in just any workshop on product works. And we're just working to get that invite.

We have a a list of all of them.

Yeah. And I've seen Rod do a presentation for the parks and rec committee. We could probably use a bunch of that that Rod put together.

First, I can see that. Yeah. I can get you the.

Yeah. We'll we'll include it in inventory. And it obviously didn't get on the agenda this time. Sorry about that, but we'll we need another agenda And make sure we understand the type of information you wanna talk about. It's presented. Sound good? Yeah. It's normally, you have one that I think would you? Wow. You might be out of here before dark. Maybe. I don't have anything. I'm good.

I'm good. Good update on construction projects. Thirteen on the West. So shut down the road per day. And also, they have somebody have a bunch of landscape history treats and some other things. So we should be done by the end of this month. Well, last time, I can't remember if I've mentioned this last half meeting, but they've given me a schedule that starts July 28. There'll be some closures. We'll we'll notify the public through our website and stuff. We'll get that one done by October 15. On the for 3200 South Crossing, council member, man, I I have final plans. I'll actually sit down with you just to make sure you're comfortable with where we are. I'll I'll get together the the group that was originally involved. If if everyone's comfortable with the design, I hope to use the state contractors list and just award it to cash value. Electric. They do these things all over the state. They give these are all pre bid through the state, so we get a really good deal. And so it it eliminates the the need or the the concern of not going out to competitively bid it. We get really good pricing, actually. I could get that and get it on their schedule. Maybe.

Any questions for them? Do they do the civil works as well with through the next to that, Cache Valley Electric, or just the electrical part?

They they have full licenses. They they're doing 200 North right now. No. Not them. But very similar would be 200 North where they're doing all the pedestrian ramps, and they're doing Okay. Right? The new signal, like, 10th West.

August 11, eight, 6PM. We'll get sports from Paradise again. There should be, like, the house is for the kids, travel, and opportunities to do some fishing out there. Also, the utility and cities and towns and the clock is October, which is Wednesday and Thursday. We have booked a bunch of hotel just because they go so quickly, and we have some time to cancel those if needed. But if you would let me know if you're planning to go to that as soon as possible. Also, if your child's as well, we can get that all finished up and registration is made. They haven't put out a early bird pricing, but they typically do. So the earlier people start, we can pay a look at that. We'll be able to get your calendars.

Appreciate it. And the dates is that we stopped over a person's ID.

Hey. Anything else to come for the council? If there's no objection to adjourning, we are adjourned.