The Docket · Government Meeting · DKT-2026-001906

On the agenda: Millcreek meeting — license plate reader (Apr 13)

Past ⚠ Agenda Watch Millcreek, Utah · Monday, April 13, 2026 — 6 months ago

About this record

The published agenda for the April 13, 2026 meeting contains: "license plate reader". The meeting has passed. The agenda stays here as a permanent public record.

WhenMonday, April 13, 2026
Check the agenda document for the meeting time.

WhereMillcreek, Utah

Money$23,512.00 was at stake

On the record“license plate reader”

The agenda, word for word

Government public record — the full text of the published document, archived October 6, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

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Page 1 of 157

1. City Council Meeting (PDF)
Millcreek City Council, Community Reinvestment Agency, & Planning Commission
Meeting Agenda
Public Notice is hereby given that the City Council of Millcreek will assemble for a site
visit and a regular public meeting on Monday, 13 April 2026 at City Hall, 1330 E.
Chambers Avenue, Millcreek, Utah 84106, commencing at 5:00 p.m. for the site visit and
7:00 p.m. for the regular meeting. The Planning Commission will assemble in a special
meeting to join the council in discussing item 2.1. The Community Reinvestment Agency
will assemble in a regular public meeting and will commence when the City Council
meeting has recessed or concluded.

5:00 p.m. – SITE VISIT:
1.

Tour Maliheh Free Clinic at 941 E 3300 S

7:00 p.m. - REGULAR MEETING:
1. Welcome, Introduction and Preliminary Matters
1.1 Pledge of Allegiance
1.2 National Child Abuse Prevention Proclamation
1.3 Public Comment
Audience members may bring any item to the Council's attention. Comments are subject
to the Public Comment and Policy set forth below. State Law prohibits the Council from
acting on items that do not appear on the agenda.

2. Planning Matters
2.1 Discussion of a Development Agreement for the Town and Country Plaza (Southwest
Corner of 1300 E and 3300 S) for Redevelopment as a Commercial Retail Center
2.2 First Reading: ZM-26-004, Request to Rezone 0.40 Acres from the R-1-6 Zone to the
R-4 Zone at 815 E Scott Avenue; Brad Sanderson, Planner

3. Financial Matters
3.1

FY 2026-2027 Budget Discussion

4. Business Matters
4.1 Discussion and Consideration of Ordinance 26-14, Adding Title 10 Chapter 32 to the
Millcreek Code of Ordinances with Respect to Loitering
4.2 Discussion and Consideration of Resolution 26-05, Approving a Utility Permit
Agreement with Salt Lake City Corporation
4.3 Discussion and Consideration of Resolution 26-06, Approving an Active

Page 2 of 157

4.1 Discussion and Consideration of Ordinance 26-14, Adding Title 10 Chapter 32 to the
Millcreek Code of Ordinances with Respect to Loitering
4.2 Discussion and Consideration of Resolution 26-05, Approving a Utility Permit
Agreement with Salt Lake City Corporation
4.3 Discussion and Consideration of Resolution 26-06, Approving an Active
Transportation Cooperative Agreement Between UDOT and Millcreek with Respect to a
Shared Use Path on 3900 South Street from the Jordan River to West Temple Street
4.4 Discussion and Consideration of Resolution 26-07, Adopting the Third Amendment to
the
Millcreek Employee Handbook – Fourth Edition
4.5 Discussion and Consideration of Resolution 26-08, Adopting the Second Amendment
to the
Millcreek Non-Benefited Employee Handbook – First Edition
4.6 Discussion and Consideration of Ordinance 26-15, Approving the Disposition of
Certain Public Property

5. Reports
5.1 Mayor’s Report
5.2

City Council Member Reports

5.3 Staff Reports

6. Consent Agenda
6.1 Approval of March 9, 2026 Work Meeting and Regular Meeting Minutes
6.2 Approval of March 23, 2026 Work Meeting and Regular Meeting Minutes

7. New Items for Subsequent Consideration

8. Calendar of Upcoming Meetings
•

Planning Commission Mtg., 4/15/26, 5:00 p.m.

•

City Council Mtg. 4/27/26 7:00 p.m.

9. Closed Session (If Needed)
The Council may convene in a closed session to discuss items as provided by Utah Code
Ann. §52-4-205.

10. Adjournment

Community Reinvestment Agency Convening

Page 3 of 157

10. Adjournment

Community Reinvestment Agency Convening
1. Discussion and Consideration of Resolution 26-02, Approving a Participation
Agreement with MC29 Development LLC
2.

Approval of March 29, 2026 Meeting Minutes

Adjournment

In accordance with the Americans with Disabilities Act, Millcreek will make reasonable
accommodation for participation in the meeting. Individuals may request assistance by
contacting the ADA Coordinator, 801-214-2751 or [email protected], at
least 48 hours in advance of the meeting.
Public Comment Policy and Procedure: The purpose of public comment is to allow
citizens to address items on the agenda. Citizens requesting to address the Council may
be asked to complete a written comment form and present it to the City Recorder. In
general, the Chair will allow an individual two minutes to address the Council. A
spokesperson, recognized as representing a group in attendance, may be allowed up to
five minutes. At the conclusion of the citizen comment time, the Chair may direct staff to
assist the citizen on the issue presented; direct the citizen to the proper administrative
department(s); or take no action. This policy also applies to all public hearings. Citizens
may also submit written requests (outlining their issue) for an item to be considered at a
future council meeting. The Chair may place the item on the agenda under citizen
comments; direct staff to assist the citizen; direct the citizen to the proper administrative
departments; or take no action. Public comment can be submitted via the City’s website
at: HTTPS://WWW.MILLCREEKUT.GOV/FORMCENTER/CONTACT-US-5/PUBLICCOMMENTS-61.
The meetings will be live streamed via the City’s website at:
HTTPS://WWW.MILLCREEKUT.GOV/373/MEETING-LIVE-STREAM. The Council may
convene in an electronic meeting. Council members may participate from remote
locations and may be connected to the electronic meeting by GoToMeeting, Zoom, or
telephonic communications. The anchor location will be City Hall.
THE UNDERSIGNED DULY APPOINTED RECORDER FOR THE MUNICIPALITY OF
MILLCREEK HEREBY CERTIFIES THAT A COPY OF THE FOREGOING NOTICE WAS
EMAILED OR POSTED TO:
City Hall

City Website

Utah Public Notice Website

Those Listed on the Agenda

HTTPS://WWW.MILLCREEKUT.GOV/&NBSP;

HTTPS://WWW.UTAH.GOV/PMN&NBSP;
DATE: April 8, 2026

RECORDER: Elyse Sullivan

Agenda items may be moved in order, sequence, and time to meet the needs of the
Council.
Documents:
CC, CRA AND PC 4-13-26 AGENDA.PDF
ITEM 1.2 _ CHILD ABUSE PREVENTION MONTH 2026.PDF
ITEM 2.2 _ ZM-26-004 CC STAFF REPORT.PDF
ITEM 4.1 _ ORDINANCE 26-14 ADDING CODE 10.32 LOITERING.PDF
ITEM 4.2 _ RESOLUTION 26-05 UTILITY PERMIT AGREEMENT WITH SLC.PDF

Page 4 of 157

Documents:
CC, CRA AND PC 4-13-26 AGENDA.PDF
ITEM 1.2 _ CHILD ABUSE PREVENTION MONTH 2026.PDF
ITEM 2.2 _ ZM-26-004 CC STAFF REPORT.PDF
ITEM 4.1 _ ORDINANCE 26-14 ADDING CODE 10.32 LOITERING.PDF
ITEM 4.2 _ RESOLUTION 26-05 UTILITY PERMIT AGREEMENT WITH SLC.PDF
ITEM 4.3 _ RESOLUTION 26-06 COOPERATIVE AGREEMENT W UDOT 3900
S.PDF
ITEM 4.4 _ RESOLUTION 26-07 THIRD AMENDMENT TO EMPLOYEE
HANDBOOK.PDF
ITEM 4.5 _ RESOLUTION 26-08 2ND AMENDMENT NONBENEFITED
EMPLOYEE HANDBOOK.PDF
ITEM 4.6 _ ORDINANCE 26-15 SURPLUS PROPERTY.PDF
ITEM 6.1 _ CC 3-9-26 DRAFT MINUTES.PDF
ITEM 6.2 _ CC 3-23-26 DRAFT MINUTES.PDF
2. CRA Meeting Packet (PDF)
Documents:
CRA RESOLUTION 26-02 PARTICIPATION AGREEMENT W MC29
DEVELOPMENT.PDF
CRA 3-23-26 DRAFT MINUTES.PDF

Page 5 of 157

Millcreek City Council, Community Reinvestment
Agency, & Planning Commission
Meeting Agenda
Public Notice is hereby given that the City Council of Millcreek will assemble for a site visit and a regular public
meeting on Monday, 13 April 2026 at City Hall, 1330 E. Chambers Avenue, Millcreek, Utah 84106, commencing
at 5:00 p.m. for the site visit and 7:00 p.m. for the regular meeting. The Planning Commission will assemble in a
special meeting to join the council in discussing item 2.1. The Community Reinvestment Agency will assemble in
a regular public meeting and will commence when the City Council meeting has recessed or concluded.
5:00 p.m. – SITE VISIT:
1. Tour Maliheh Free Clinic at 941 E 3300 S
7:00 p.m. - REGULAR MEETING:
1. Welcome, Introduction and Preliminary Matters
1.1 Pledge of Allegiance
1.2 National Child Abuse Prevention Proclamation
1.3 Public Comment
Audience members may bring any item to the Council's attention. Comments are subject to the
Public Comment and Policy set forth below. State Law prohibits the Council from acting on items
that do not appear on the agenda.
2. Planning Matters
2.1 Discussion of a Development Agreement for the Town and Country Plaza (Southwest Corner
of 1300 E and 3300 S) for Redevelopment as a Commercial Retail Center
2.2 First Reading: ZM-26-004, Request to Rezone 0.40 Acres from the R-1-6 Zone to the R-4 Zone
at 815 E Scott Avenue; Brad Sanderson, Planner
3. Financial Matters
3.1 FY 2026-2027 Budget Discussion
4. Business Matters
4.1 Discussion and Consideration of Ordinance 26-14, Adding Title 10 Chapter 32 to the
Millcreek Code of Ordinances with Respect to Loitering
4.2 Discussion and Consideration of Resolution 26-05, Approving a Utility Permit Agreement
with Salt Lake City Corporation
4.3 Discussion and Consideration of Resolution 26-06, Approving an Active Transportation
Cooperative Agreement Between UDOT and Millcreek with Respect to a Shared Use Path on
3900 South Street from the Jordan River to West Temple Street
4.4 Discussion and Consideration of Resolution 26-07, Adopting the Third Amendment to the
Millcreek Employee Handbook – Fourth Edition
4.5 Discussion and Consideration of Resolution 26-08, Adopting the Second Amendment to the
Millcreek Non-Benefited Employee Handbook – First Edition
4.6 Discussion and Consideration of Ordinance 26-15, Approving the Disposition of Certain
Public Property
5. Reports
5.1 Mayor’s Report
5.2 City Council Member Reports

Page 6 of 157

5.3 Staff Reports
6. Consent Agenda
6.1 Approval of March 9, 2026 Work Meeting and Regular Meeting Minutes
6.2 Approval of March 23, 2026 Work Meeting and Regular Meeting Minutes
7. New Items for Subsequent Consideration
8. Calendar of Upcoming Meetings
 Planning Commission Mtg., 4/15/26, 5:00 p.m.
 City Council Mtg. 4/27/26 7:00 p.m.
9. Closed Session (If Needed)
The Council may convene in a closed session to discuss items as provided by Utah Code Ann. §52-4-205.
10. Adjournment
Community Reinvestment Agency Convening
1. Discussion and Consideration of Resolution 26-02, Approving a Participation Agreement with MC29
Development LLC
2. Approval of March 29, 2026 Meeting Minutes
3. Adjournment
In accordance with the Americans with Disabilities Act, Millcreek will make reasonable accommodation for
participation in the meeting. Individuals may request assistance by contacting the ADA Coordinator, 801-214-2751
or [email protected], at least 48 hours in advance of the meeting.
Public Comment Policy and Procedure: The purpose of public comment is to allow citizens to address items on the
agenda. Citizens requesting to address the Council may be asked to complete a written comment form and present
it to the City Recorder. In general, the Chair will allow an individual two minutes to address the Council. A
spokesperson, recognized as representing a group in attendance, may be allowed up to five minutes. At the
conclusion of the citizen comment time, the Chair may direct staff to assist the citizen on the issue presented;
direct the citizen to the proper administrative department(s); or take no action. This policy also applies to all public
hearings. Citizens may also submit written requests (outlining their issue) for an item to be considered at a future
council meeting. The Chair may place the item on the agenda under citizen comments; direct staff to assist the
citizen; direct the citizen to the proper administrative departments; or take no action. Public comment can be
submitted via the City’s website at: https://www.millcreekut.gov/FormCenter/Contact-Us-5/Public-Comments-61.
The meetings will be live streamed via the City’s website at: https://www.millcreekut.gov/373/Meeting-LiveStream. The Council may convene in an electronic meeting. Council members may participate from remote
locations and may be connected to the electronic meeting by GoToMeeting, Zoom, or telephonic communications.
The anchor location will be City Hall.
THE UNDERSIGNED DULY APPOINTED RECORDER FOR THE MUNICIPALITY OF MILLCREEK HEREBY CERTIFIES THAT A
COPY OF THE FOREGOING NOTICE WAS EMAILED OR POSTED TO:
City Hall
City Website
Utah Public Notice Website
Those Listed on the Agenda
https://www.millcreekut.gov/
https://www.utah.gov/pmn
DATE: April 8, 2026
RECORDER: Elyse Sullivan
Agenda items may be moved in order, sequence, and time to meet the needs of the Council.

Page 7 of 157

PROCLAMATION
NATIONAL CHILD ABUSE PREVENTION MONTH
WHEREAS, our children are our most valuable resources and will shape the future of
Millcreek; and
WHEREAS, childhood trauma, including abuse and neglect, is a serious problem affecting
every segment of our community, and finding solutions requires input and action from everyone;
and
WHEREAS, childhood trauma can have long-term psychological, emotional, and physical
effects that have lasting consequences for victims of abuse; and
WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the
social, emotional, and developmental well-being of children; and
WHEREAS, effective child abuse prevention activities succeed because of the partnerships
created between child welfare professionals, education, health, community- and faith-based
organizations, businesses, law enforcement agencies, and families; and
WHEREAS, communities must make every effort to promote programs and activities that build
strong children and families; and
WHEREAS, we acknowledge that we must work together as a community in partnership to
build awareness about child abuse and contribute to promote the social and emotional well-being
of children and families in a safe, stable, and nurturing environment; and
WHEREAS, prevention remains the best defense for our children and families.
NOW, THEREFORE, I, Cheri Jackson, Mayor of Millcreek, do hereby proclaim April as
NATIONAL CHILD ABUSE PREVENTION MONTH in Millcreek and urge all citizens to
recognize this month by dedicating ourselves to the task of improving the quality of life for all
children and families.
ADOPTED this 13th day of April 2026 in Millcreek, Utah.

By:
Cheri Jackson, Mayor

Attest:
Elyse Sullivan, City Recorder

Page 8 of 157

Millcreek City Hall

Planning & Zoning

1330 E Chambers Ave
Millcreek, Utah 84106
millcreekut.gov

(801) 214-2700
[email protected]

ZM-26-004

CITY COUNCIL
STAFF REPORT
(First Reading

Date:
Re:

April 13, 2026
Rezone, Development Agreement and Zone Condition.

Property Address:
Zone:

815 East Scott Avenue
From: R-1-6, To: R-4

Applicant:
Prepared By:

Eric Bluth
Brad Sanderson, AICP

Scope of Decision:

Discretionary. This is a legislative matter, to be decided by the Millcreek City Council
upon receiving a recommendation from the Millcreek Planning Commission. Your
consideration can be broad in scope; however, your decision should consider prior
adopted policies, especially the Millcreek General Plan.

REQUEST AND SYNOPSIS
Eric Bluth (Applicant) has filed an application seeking approval to rezone 0.40 acres (17,420 sqft) of property
generally located at 815 East Scott Avenue from the Residential R-1-6 Zone to the Residential R-4 Zone. The
application includes the consideration of a development agreement for the purpose of limiting the density of
the property to two residential buildings (four total units), creating individual ownership, establishing
easement, and setting forth other site and architectural design criteria.
A zone condition is also being suggested as a means to control the use and density of the property long past
the terms of the development agreement.

FINDINGS:
1. The property is approximately 0.40 acres (17,424 square feet) in size and is triangular in shape due to
the abutting Millcreek waterway.
2. According to the City Future Land Use Map as contained within Millcreek’s Geneal Plan, the property
is designated as ‘Neighborhood 2’, which would allow “single-family, detached homes, on smaller lots,
duplexes, triplexes, townhomes and smaller multifamily buildings”. Missing middle housing typically
ranges “between 6-18 units per acre.” (see General Plan, pg. 17)
3. The ‘Neighborhood 2’ land use is intended to 1) “provide residents with a mix of housing options and
density within close proximity to services and amenities” and 2) “May serve as a transition between
single-family neighborhoods and higher density corridors or centers. (see General Plan, pg. 17)

Page 9 of 157

Request: Rezone

ZM-26-004

4. The R-4 Zone requires a minimum 60-foot-wide lot/parcel width or frontage and further requires one
3,250 square feet of gross land area for each dwelling for two household dwelling types. If approved
and without any restrictions, the R-4 Zone would allow 5.3 dwelling units on 0.40 acres of property.
5. As it pertains to building setbacks within proximity to stream beds (including intermittent), gullies,
flood channels, flood plains, areas of springs, seeps and surface water, 1) “Buildings setbacks shall be
no less than 50 feet from the top edge of a stream bank or a high-water line of a perennial stream.
and, 2) “Building setbacks shall be no less than 50 feet from a gully, flood channel, spring, or any
other surface water feature, unless otherwise specified by Title 14 or supported through a geotechnical
report. Millcreek Code § 18.61.080.C.1
6. The property width is approximately 170 feet wide, however, due to the increased setback along the
stream, the building envelop is greatly reduced and limited to the westerly portion of the property.
resulting in limited frontage along Scott Avenue.
7. By comparison, R-2 Zone would allow two duplexes (four units) on the property however, due to the
setback from the top edge of a stream bank or a high-water line of the creek, the buildable width &
depth are substantially reduced causing an undesirable buildable are for most types of residential
structures.
8. By comparison, the R-1 Zone would allow two single family owner-occupied structures, each of
which could include an Accessory Dwelling Unit, (ADU).
9. The applicant held a neighborhood meeting on February 9th at the Granit Library; however, Staff was
not in attendance.
10. Millcreek collected traffic data for Scott Avenue in July 2022 and more recently between
January/February 2026. The summary of this data is as follows:
a. The 2022 data shows there were 490 Average Daily Trips (ADT), with 35 a.m. and 51 p.m.
trips generated during peak hours (7-8am and 5-6pm). The 85th percentile speed was 29-30
mph.
b. The 2026 data shows there were 401 average daily trips, with 42 a.m. and 61 p.m. trips
generated during peak hours. The 85th percentile speed was 27-29 mph.
11. According to the Highway Capacity Manual published by the Transportation Research Board, a local
roadway such as Scott Avenue has the capacity for 400 to 600 trips per hour per lane. These numbers
suggest Scott Ave is operating at approximately 10-15% of maximum operating capacity during the
peak hour.
12. The ITE Trip Generation Manual estimates 8-10 daily trips generated per single family dwellings
verses 12-19 daily trips generated for each duplex. Peak hour trips are estimated at 12 to 15% of the
daily trip count.
13. If approved, the applicant(s) will still need to obtain further site plan and/or subdivision approval.
14. If an R-4 Zone is to be considered, Millcreek Staff has discussed with the Applicant about entering
into a development agreement with the city to ensure certain “guardrails” beyond the limits of the
underlying zone, to help alleviate impact and promote neighborhood compatibility, (see
recommendations).
15. The following General Plan Goals and Strategies may apply to this application:
- Goal N-1 - Strategy 1.3: Identify neighborhood natural features such as trees, waterways, and open spaces,
and incorporate them into project design. Include outdoor amenities in new development and redevelopment
projects such as trails, outdoor dining areas, and plazas.
- Goal N-1 - Strategy 1.5: Ensure that new infill development is compatible with existing neighborhoods by
regulating structure sizes and heights; building forms and materials; yard setbacks; streetscape character; height
and bulk transitions; buffering; and other factors.
- Goal GP-1 - Strategy 1.2: Design buildings and streetscapes that are attractive to create a more inviting
atmosphere for pedestrians.
Page 2 of 4

Page 10 of 157

Request: Rezone
-

ZM-26-004

Goal O-1 Strategy 1.1: Strive for a maximum 10-minute walk or ½ mile distance from most homes and
businesses to the nearest trail, open space area, or park.

CONCLUSIONS:
1. The adopted Future Land Use Map, seems to support the zone change as it suggests a
‘Neighborhood 2’ or slightly higher residential development which could evolve over time,
allowing single-family detached homes on smaller lots, as well as duplexes, triplexes, townhomes
and smaller multifamily buildings.
2. It is both common and generally a good practice for cities to allow and even promote higher
density residential uses near parks, trails and other common spaces.
3. Based on the current R-1-6 zoning of the property, and the lot size and frontage of the property,
the applicant is entitled to have two single-family homes, each of which has the potential to have
Accessory Dwelling Units (ADU’s).
4. It is estimated that two duplexes will represent a negligible increase in traffic impact to Scott
Avenue.
5. The proposed R-4 Zone could allow for many additional units, depending on layout and design,
however if the development of the property were to be subjected to a development agreement,
zone condition(s), and possible deed restriction(s), the development of the property could be
limited to certain ideal uses, densities, layout, design, and owner occupancy, many of which align
with the goals and strategies of the General Plan while minimizing adverse impact to the
surrounding neighborhood.

RECOMMENDATIONS:
Based on the findings and conclusions listed above;
Staff recommends that the City Council take comments at a public hearing and approve rezone 0.40 acres
of property located at 815 East Scott Avenue from the R-1-6 Zone to the R-4 Zone, subject to a
development agreement containing the following terms:
a. Use - The development shall be limited to two duplex buildings, not to exceed four total
units.
b. Owner Occupancy - The Property shall be subdivided through a subdivision plat to create a
“for sale” product making each unit available for individual ownership. Furthermore, each
unit shall be “deed restricted” to ensure ownership for a minimum period of 5 years from the
date of the recordation of this agreement.
c. Landscaping – Areas located along the creek shall be revegetation with native with natural
seed mix and other perennials as approved by Millcreek Staff. Trees previously removed shall
be replaced in accordance with the tree preservation standards as specified by MKZ 18.64.040.
and as recommended by a third-party licensed Arborist. The location of such trees shall be
primarily located along the east and west property lines. In addition to the tree replacement
standards, street trees shall be planted approximately every 40 linear feet along the Scott
Avenue right-of-way.
d. Easement – The plat shall include a 10 wide public utility easement parallel to and abutting
the Scott Avenue right-of-way. The plat shall also include a stream maintenance and trail
access easement parallel to and abutting the Millcreek waterway.
Page 3 of 4

Page 11 of 157

Request: Rezone

ZM-26-004

e. Design - In addition to the standards contained within the R-4 Zone, all buildings shall be
designed and constructed to resemble the character of a single-family structure. All habitable
structures shall include the following design elements:
i. Minimum 60 square foot front porches accessed from the primary entrance of each
unit.
ii. Minimum 50% of the front façade shall be living space.
iii. Subservient garages (5 feet behind the front porch or façade of the living space)
and/or garages shall be located to the side or rear of the residential structure.
iv. Only one front door per building is allowed to face the public right of way.
v. Minimum 5:12 roof pitches
vi. Exterior materials shall be naturally colored and limited to traditional brick, stone,
fiber cement siding. Stucco may be used as an accent material and shall not exceed
twenty-five percent (25%) of the exterior facade.
The Millcreek Planning Commission held a public hearing on March 18, 2026. Upon receiving public
comment and considering the proposal, Commissioner Lofgren moved to recommend approval of file
number ZM-25-003, to the city council to remove an existing zone condition [pertaining] to single family
uses, rezone 0.40 acres of property located at 815 East Scott Avenue from the R-1-6 zone to the R-4
zone, and subject the property to a development agreement with certain terms per any of the use and
density, ownership, landscaping and building design, as presented; [and include] reduce the porch to a
minimum of 60 square feet, limit the stucco to 25%, and subject to a review of the cutting down of trees
and recommendation by an arborist. Commissioner Reid seconded - The motion passed unanimously.

SUPPORTING DOCUMENTS
•
•
•
•
•
•
•
•

Zoning Map
Land Use Map
Proposed Site Plan
Proposed Elevations
2022 & 2026 Traffic Count Tables
Applicant’s Letter of Intent and
Neighborhood Meeting Summary
3/3/26 Open House Comments
Proposed Development Agreement

Page 4 of 4

Page 12 of 157

Zoning Map

Subject
Property

Page 13 of 157

Land Use Map

Neighborhood 2

Subject
Property

Page 14 of 157

M
L
IL

MATCH LINE

DESIGN

EE
R
K

0"
9'UNIT 3

0
8.1
12
E
7" "
8'3 18'-0
°3
33

0"
9'-

Property Owner:
C-3 Investing
16-32-104-011

SITE
LOCATION

S 900 EAST

"
'-0
18

UNCOVERED
PARKING

SHADYBROOK
CONDOMINIUMS
Property Owner:
Shadybrook
Homeowners Association
16-29-360-017

18'-0"
9'-0"

UNIT 2
UNCOVERED
PARKING

9'-0"

UNCOVERED
PARKING

VICINITY MAP
SCALE: 1:50

24'-0"

815 E SCOTT AVE.
MILLCREEK, UT 84106

12'-0"

UNIT 3
PROPOSED
GARAGE
240 SF

12'-0"

UNIT 2
PROPOSED
GARAGE
240 SF

UNIT 1

12'-0"

PROPOSED
GARAGE
240 SF

4'-0"

5'-0"

20'-0"
9'-6"

" AC
'-0 TB
0
5 SE
EK

6'-0"

N 0°11'23"E 215.75'

E SCOTT AVENUE

UNIT 1

10'-6"
OPEN PORCH

23'-0"

38'-0"
UNCOVERED
PARKING

UNIT 4
PROPOSED
GARAGE
240 SF

12'-0"

26'-6"

27'-6"
26'-6"
4'-0"
25'-0"
FRONT SETBACK

32'-0"

PROPOSED
SUBDIVISION 1
ONE DUPLEX
ZONE R-2
8,029 SQ FT LOT
2,361 SQ FT BUILDING
FOOTPRINT
29% LOT COVERAGE

16'-0"

FEBRUARY 23, 2026

PROPOSED DUPLEX
LEVEL 1 - 800 SF
LEVEL 2 - 800 SF
TOTAL - 1,600 SF

DATE

37
6.

50'-0"

LL
MI

"
Y
'-0 A
25 EW
V
I
DR

27'-6"

MATCH LINE

UNIT 4

9'-

8'
°2
41

9'-6"

OPEN PORCH

'-0

UNIT 2

10'-6"

UNIT 3

PROPOSED DUPLEX
LEVEL 1 - 746 SF
LEVEL 2 - 746 SF
TOTAL - 1,492 SF

8'-0"
PROPOSED
DUPLEX
BASEMENT - 547 SF
LEVEL 1 - 547 SF
LEVEL 2 - 547 SF
TOTAL
1,641 SF

UNIT 1
PROPOSED
DUPLEX
BASEMENT - 547 SF
LEVEL 1 - 547 SF
LEVEL 2 - 547 SF
TOTAL
1,641 SF

PROPOSED
SUBDIVISION 2
ONE DUPLEX
ZONE R-2
8,884 SQ FT LOT
1,786 SQ FT BUILDING
FOOTPRINT
20% LOT COVERAGE

20'-0"
Legal Description:
COM 66 FT S & 70 FT E OF SW COR OF LOT 11, BLK 20, TEN AC PLAT A, BIG FIELD SUR;
N 215.75 FT; S 33^50' E 128.1 FT; S 41^40' E 146.5 FT; W 167.2 FT, M OR L TO BEG.
3918-26,-29 3918-0030 5841-0343 6079-0800 6292-2628 6305-1970 6451-0690 7379-0800
7964-2876 8372-0433

25'-0"
DRIVEWAY

NOTE 1:
THIS SITE PLAN IS BASED ON CLIENT-PROVIDED DOCUMENTS,
SUCH AS TAX MAPS, SURVEYS AND TITLE DOCUMENTS.
AULAIRE DESIGN DOES NOT WARRANT THE INFORMATION
HEREIN IS COMPLETE NOR FREE FROM ERROR. THE
INFORMATION IS PROVIDED WITHOUT ANY WARRANTIES OF
ANY KIND.

SCALE 1:10
N

N 89°48'37"W 168.63'
Fire Hydrant is 144' West
Street light is South
across street

Fire Hydrant is 191' East
Street light is South across
street

PROPOSED
SITE PLAN

EXIST ELEC POLE

SCOTT AVENUE

L-1

Page 15 of 157

COVERED
PORCH

DINING

5'-0" WIDE 5'-0" TALL

DESIGN PROFESSIONAL'S ELECTRONIC OR
DIGITAL SEAL OR SIGNATURE IS EFFECTIVE
ONLY AS TO THAT VERSION OF THIS
DOCUMENT AS ORIGINALLY PUBLISHED BY
DESIGN PROFESSIONAL. DESIGN
PROFESSIONAL IS NOT RESPONSIBLE FOR
ANY SUBSEQUENT MODIFICATION,
CORRUPTION, OR UNAUTHORIZED USE OF
SUCH DOCUMENT. TO VERIFY THE
VALIDITY OR APPLICABILITY OF THE SEAL
OR SIGNATURE, CONTACT DESIGN
PROFESSIONAL.

EC
M

ENTRY

5'-0" WIDE 5'-0" TALL

N
HA

2'-6" x 6'-8"

"
'-8
x6

BEDROOM 2

6"
2'-

A
IC

5'-0" WIDE 5'-0" TALL

BEDROOM 1
(MASTER)
0"
3'W
E
ID
LL
TA
0"
5'-

CLOSET

KITCHEN

LIVING

REF.

NOOK

STACK
W/D

PANTRY/
STORAGE

STACK
W/D

MASTER
BATH
MASTER
CLOSET

LOCATION:

MASTER
BATH

PANTRY/
STORAGE

TITLE:

NOOK

2'-6" x 6'-8"

5'-0" WIDE 5'-0" TALL

LAUNDRY
MASTER
CLOSET

SALT LAKE COUNTY

BATHROOM

BLUTH PROJECT

LAUNDRY
LOFT

LIVING

KITCHEN

CLOSET

PRELIMINARY
NOT FOR CONSTRUCTION

REF.

5'-0" WIDE 5'-0" TALL

BEDROOM 1
(MASTER)
HALF
BATH

GARAGE

ENTRY

DINING

PROJECT MANAGER: ---

BEDROOM 2

DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

2'-6" x 6'-8"

CLOSET
5'-0" WIDE 5'-0" TALL

MECHANICAL
5'-0" WIDE 5'-0" TALL

REVISION:

DATE:

NOTES:

COVERED
PORCH

FLOOR PLANS

SCALE:
JOB #:

REFER TO PLANS
100
DRAWING TITLE:

BASEMENT
FLOOR PLAN
SHEET NO.

A-100

Page 16 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

ELEVATION

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

MAIN
FLOOR PLAN
SHEET NO.

A-101

Page 17 of 157

5'-0" WIDE 5'-0" TALL

STAIR
STORAGE
CLOSET

BATHROOM
COLD
STORAGE

BEDROOM 3

LIVING
ROOM

LIVING
ROOM
BEDROOM 3
COLD
STORAGE

BATHROOM
CLOSET

STAIR
STORAGE
5'-0" WIDE 5'-0" TALL

FIREPLACE

REF.

HALF
BATH

PANTRY

LIVING

HALF
BATH

KITCHEN

MECH.

DINING

LOCATION:

LIVING

TITLE:

SALT LAKE COUNTY

PANTRY

KITCHEN
DINING

BLUTH PROJECT

MECH.

REF.

FIREPLACE

PRELIMINARY
NOT FOR CONSTRUCTION
STACK
W/D
CLOSET

PROJECT MANAGER: ---

CLOSET

BATH
BEDROOM 1

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

HALL

BEDROOM 2

DESIGNER:

REVISION:

BATH

BEDROOM 2

DATE:

NOTES:

BEDROOM 1

HALL

CLOSET

SCALE:
JOB #:

CLOSET
STACK
W/D

FLOOR PLANS

REFER TO PLANS
100
DRAWING TITLE:

UPPER
FLOOR PLAN
SHEET NO.

A-102

Page 18 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

ELEVATION

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

ROOF PLAN
SHEET NO.

A-103

Page 19 of 157

GARAGE 1

LOCATION:

SALT LAKE COUNTY

TITLE:

GARAGE 2

BLUTH PROJECT

GARAGE 3

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

STRUCTURAL WALL
PLAN
SHEET NO.

A-104

Page 20 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

SYSTEM RUN PLAN

SYSTEM RUN
PLAN UPPER FLOOR
SHEET NO.

A-105

Page 21 of 157

Counters were out in July 2022
825 E Scott Ave EB
ADT 490
Peak – PM 51 Vehicles 5p to 6p (less than one car a min)
85th Percentile Speed – 29MPH
825 E Scott Ave WB
ADT 413
Peak – PM 35 Vehicles between 5p to 6p
th

85 Percentile Speed – 30MPH
Counters were out in February 2026

825 E Scott Ave WB
ADT – 401
Peak – AM 42 vehicles between 7a to 8a (0.7 vehicles per min)
85th Percentile Speed – 29MPH
825 E Scott Ave EB
ADT – 450
Peak – PM 54 vehicles between 5p to 6p (0.9 vehicle per min)
85th Percentile Speed – 29MPH
760 E Scott Ave WB
ADT – 420
Peak – AM 45 vehicle between 7a to 8a (0.7 vehicles per min)
85th Percentile Speed – 29MPH
760 E Scott Ave EB
ADT - 489
Peak – PM 61 Vehicles Between 5p to 6p (1.0 vehicles per min)
85th Percentile Speed – 27MPH

Page 22 of 157

Rezoning Map Application Documents
Bluth Group Duplexes
February 17, 2026

Page 23 of 157

Letter of Intent
Zoning Map Amendment
Bluth Group Duplexes
815 E. Scott Ave is a unique triangular-shaped parcel. Its eastern boundary borders the beautiful
Millcreek stream. The property is sandwiched between a duplex multi-family unit and multiple
fourplex row houses.
A quaint single family residence cottage was built in 1909 and a detached two-car carport
occupied the spacious .39-acre lot. Due to dilapidation of the home and property, the home and
carport were demolished in August 2025. The lot is currently vacant.
The development’s duplexes and large landscape lot will be attractive to folks who desire open
space, live across the street from a beautiful city park and not in the cramped vicinity of a
complex of multiple side by side units. The proposed development provides distinctive & unique
quality dwellings rarely found in this part of Millcreek.
This project’s future land use objective is to provide housing aligned with Millcreek’s General
Plan for the neighborhood. Millcreek’s General Plan identifies the location as Neighborhood 2 or
medium density multi-family units. Since the lot is spacious, the property density would permit
the construction of two delightful duplexes that blend with the adjoining property owners and
with the townhomes across the street to the South. The density will be deed restricted to the same
density requirements as a zone R-2-6.5
The proposed lot use requires a zoning map amendment from single family residence (R-1) to
two household residential zoning (R-4C). The proposed duplexes will be built on a 16,913 square
foot (.39-acre) lot. The lot coverage will be 22% with a 3,676 sq foot dwelling footprint. A
detached three bay covered garage will be constructed in the Northern behind the dwellings.
There will also be an attached fourth covered single car garage. Four uncovered car parking
spaces will be constructed primarily in the Northern most point of the lots behind the duplexes.
The appearance (elevation) of the proposed duplexes are designed to blend in with neighboring
single family residential housing. Three units will be sold, and all units will be owner
occupied—no rentals. The development provides living space for folks who will enjoy being
surrounded by beautiful open-space landscaping.

Page 24 of 157

Rezoning Rationale Summary
Bluth Group Duplexes
Millcreek city council and mayor approved the Millcreek City General Plan in 2022. The
General Plan designates the desired future land use lots on Scott Ave and the surrounding
neighborhood. Millcreek City Future Land Use Map identifies 815 E Scott Avenue, the proposed
development site, as a “Neighborhood 2” category.
The primary land use of a “Neighborhood 2” is described in the Land Use Framework table as
follows, “Primary: Single-family detached homes on smaller lots, duplexes,...” (Millcreek
General Plan, 2022, p. 17). The proposed development will construct two duplexes on the large
lot that will blend in nicely with the other duplexes, townhomes, multiplex and single-family
dwellings in the neighborhood. The duplexes have the appearance of a single-family residence
because the units will be built North and South facing Scott Ave with one front door entrance.
The development is across the street from the beautiful Scott Avenue City Park.
The proposed duplexes will be built on a 16,913 square foot (.39-acre) lot. The lot coverage will
be 22% with a 3,676 sq foot dwelling footprint. There are multiple different structures in the
vicinity of the proposed development that reside in three different zones (R-1 & R-2 & R-4). The
proposed development will comply with the R-4C density code requirements. The deed will
restrict the density to the same requirements as a R-2.
The following summary information addresses the Millcreek Together General Plan Essential
Questions for Zoning, Development Agreements, and City Initiatives as set forth in the following
sections:
Sections 3.1.7 Unique Neighborhood theme
1. Support adopted and relevant small area and neighborhood plans and stay within the
existing mass, scale, and height of the immediate neighborhood?
The proposed zoning map amendment will maintain the neighborhood plan because the
neighborhood is currently a mixed zone of R-1, R-2 & R-4 dwellings. The duplexes have
single front door entrances, and the elevations provide the appearance of single-family
residences. The following are descriptions of the neighborhood dwellings.
The adjoining property to the North and the East has a Two Household
Residential (R-2-6.5) zone consisting of fourplex row condominiums (16 two
story units). (792-816 E Shady Creek Place & 3420-3436 S. Brookview Ln) The
property is associated with the Shadybrook Homeowners Association.
The property slightly to the South (across the street) has a Two Household
Residential (R-2-6.5) zone consisting of eleven duplex condominiums. The
property is associated with the Scottbrook Condominium Group.
The adjoining property to the West has a Single-Household Residential (R-1-6)
zoning consisting of a Duplex structure (811-813 E Scott Ave). This property is
leased to multiple residents by its owner C-3 investing LLC.

Page 25 of 157

3451 S 900 E has a multiplex dwelling on a .25-acre lot (R-4-8.5)
3459 S 900 E has a fourplex dwelling on a .20 acre lot (R-4-8.5)
777 E Scott Ave has a dilapidated property that currently has a cease-and-desist
order preventing unpermitted remodeling (R-2-6.5).
751-765 E Scott Ave is a single-story multiplex structure in a Single Household
Residential (R-1-6)
771 & 773 E Scott Ave are narrow, but lengthy flag lot single-family residential
homes (R-1-6.5)
798 & 800 E Scott Ave (directly South of the proposed development) is a flag lot
consisting of two single-family residential homes (R-1-6.5).
2. Positively contribute to a diversity of affordable housing choices?
The two duplexes provide unique North/South facing duplexes that are sparse in the area.
The four units will be sold with the intention that they will be owner occupied and not
rental units.
3. Support the redevelopment of blighted and/or underperforming properties?
The duplexes substantially improve the previous condition of the property. The old,
dilapidated structure and the rickety detached carport have been removed. The poorly
maintained property that was damaging neighboring property and safety hazardous
landscaping has been cleaned up.
Section 3.5.7 Health and Environment theme
1. Support the overall focus on the Health and Environment theme?
The demolition of the dilapidated home, carport and the vastly overgrown vegetation
contributes to the improved safety, well-being and beauty of the neighborhood.
2. Protect or expand Millcreek’s urban tree canopy?
Yes, trees will be planted and beautifully designed landscaping.
Section 3.6.7 Outdoor Lifestyle theme
1. Positively contribute to the safety, security and well-being of residents, and those who
use park or open space facilities and contribute to the connectivity within and between
neighborhoods, particularly for walkability? Yes.
There is currently no curb & gutter, but the development will install them and pour
sidewalk to connect to the neighboring sidewalk. Fifty feet of open space along
Millcreek stream will be structure free.
The following sections are not applicable to the proposed development:
Section 3.2.7 Plan’s Thriving Economy theme; Section 3.3.7 Vibrant Gathering Places Vision
Section 3.4.7 Enhance Connectivity theme; Section 3.7.7 Enriched Culture Theme

Page 26 of 157

Legal Description
Bluth Group Duplexes
Legal Description of the property:
COM 66 FT S & 70 FT E OF SW COR OF LOT 11, BLK 20, TEN AC PLAT A, BIG FIELD
SUR; N 215.75 FT; S 33^50' E 128.1 FT; S 41^40' E 146.5 FT; W 167.2 FT, M OR L TO BEG.
3918-26,-29 3918-0030 5841-0343 6079-0800 6292-2628 6305-1970 6451-0690 7379-0800
7964-2876 8372-0433
Parcel 16-32-104-012-0000
815 E. Scott Avenue, Millcreek, UT, 84106

Page 27 of 157

Current Millcreek Zoning Map Designation & Present Use of Property
The current zoning map destination is single-family residential (R-1).

Present Use of Subject Property
815 E. Scott Avenue, the lot, is currently vacant.

Summary of the Required Pre-application Meeting
The Development Review Consultation (DRC) took place on January 21, 2026. Brad Sanderson,
City Planner Manager, conducted the meeting. Eric Bluth represented Bluth Group, LLC, the
property owner.
Engineering Comments—See DRC Page 1
Required submittals with application—Geological Hazards Assessment: Liquefaction Potential
Study, Geotechnical Report; ALTA/NSPS Land Title Survey; Storm Drain Calculations.
Prior to approval—Conveyance of Easements, Salt Lake County Flood Control Permit, Storm
Water Maintenance Agreement
Unified Fire Comments—See DRC Page 3 Site plan
The 150 foot requirement for emergency vehicle turn around is not applicable because Brad
Sanderson measured on the site plan the furthest back structure on the lot to be 125 feet. Fire
Marshal verbally concurred. No fire sprinklers required for IRC. Duplexes comply with IRC.
Building address must be visible. Minimum fire hydrants and fire flow requirement for twofamily dwellings must be met.
Building Department Comments—
Surface Fault Survey required, UFA & SLC approvals and permits outside Millcreek, IRC does
not require fire sprinklers. Duplexes comply with IRC. Impact fees and building permit
application process information provided.
Water Department Comments—See DRC Page 3 Site Plan

Page 28 of 157

Neighborhood Rezone Meeting Summary
Bluth Group Duplexes Proposed Development
On January 31, 2026 Bluth Group, LLC mailed invitations and notices to 183 property owners as
per Millcreek code for public meeting notices. The names and addresses were supplied by
Millcreek planning department.
Meeting Details:
Date: February 9, 2026
Time: 5:00 p.m. – 7:00 p.m.
Location: Granite Library, 3331 S 500 E, South Salt Lake, UT 84106
I. Statement summarizing the topics discussed at the meeting.
The meeting began with and frequent reference to the following images & photos:
1. a bird’s eye view of the triangular property and the surrounding neighborhood;
2. The current R-1 and R-2 residential zones in the neighborhood;
3. An elevation view of condition of the home and property, 2000-2011;
4. An elevation view of the dilapidated condition of the home and property, 2024;
5. An elevation view of the proposed West duplex and the East duplex;
6. A preliminary site plan.
Discussion Topics
a. Off-street parking
The number of on-site parking stalls and garages on the proposed development, visitor parking,
available street parking, and neighbors approaching Millcreek to install no parking signs.
Objection to the development because there is insufficient parking for the Scott Ave Public Park
and that adds to congestion onto Scott Ave.
b. Current & potential increase in traffic and congestion on Scott Ave.
Residents have serious concerns about the dangerous drivers who speed through the
neighborhood to get to and from 700 East to 900 East. The poor condition of the road. Residents
approaching Millcreek to install speed bumps.
c. Home demolition & landscape maintenance—Millcreek code violations
Information shared about the multiple code violations regarding the dilapidated home and the
poorly maintained landscaping over the past decade. The removal of the weeds, trees, shrubs and
vegetation that were serious safety concerns, dead, unhealthy, causing property damage or in
violation of Millcreek landscape maintenance codes. The demolition of the home to bring the
property into compliance with Millcreek code. The demolition permit issued by Millcreek.
Future landscaping to be designed by a certified landscape architect. Appreciation for the
property owner for taking responsibility to clean up the property.
d. The development of the lot
Residents inquired about the reason for duplexes instead of one or two single family residences
and the lot subdivision. Neighbors expressed disapproval of two duplexes primarily based on
concern for increased traffic. Information was shared about the limited and unique triangular
footprint to build structures within and the 50-foot setback from Millcreek creek along the
Eastern boundary, the financing of the project and ownership of the duplexes. An HOA
agreement, renting, and owner-occupied housing were also addressed.
e. Flood zone, geological studies, and the channeling of the Millcreek creek.
f. The property owner’s multiple attempts to sell the property in 2024-2025

Page 29 of 157

II. Roster of all attendees.
Twenty-one individuals signed the roster and provided contact information. Two individuals
chose not to sign but still attended and two email letters were read out loud.
1. Susan McKeever
2. Brad McKeever
3. Anna Papulak
4. Bonnie Cavill
5. Brad Spring
6. Barbara Spring
7. Jeff Grant
8. Kate Hanus
9. Fred Burmester
10. Susan Marks
11. Ben Curran

12. Doug Cluff
13. Ken Carlston
14. Michael Carlston
15. J. T. Cooper
16. Rebecca Bingham
17. Alisen Fluke
18. Jim Petermann
19. Chanse Polster
20. Ellen Danielee
21. Martin Ford

III. List of all property owners notified
CAVILL FAMILY TRUST
GEOFFREY & RACHAEL
FLETCHER
FOX DEN LLC
RUTH P OTTO
FLORI FAMILY TRUST
DAVID B ALLEN
THOMAS D EDMUNDS
MAURICE F MALOUF
MELISSA A EBLE
BRADY WHITEHEAD
KAY ELLEN WINDER
LM TRUST
EMILY KINDRED
ANNETTE
FLECKENSTEIN
ANNA PAPULAK LIVING
TRUST

RAYMOND M COURTNEY
ASHLEY IVERSON

DAVID & ALICIA CLARKE
HYONG TAE KIM

TRUST NOT IDENTIFIED
DANNY & SIOSILIA
TUPUA
BP - 735, LLC
LOGAN BENCH & ZACH
BOWN
TRUST NOT IDENTIFIED

DELLENE P VINCENT
TRUE REAL ESTATE
HOLDINGS
MILL CREEK PARK PUD
CORY JR ADAMSON

SHAWN E STEIDINGER
HARRISON PADGEN &
KARA INGRAHAM
WILLIAM H GILLMAN
MIKE & MONICA GATES
VERNON G STEJSKAL
NATHAN COHEN &
LAUREN ALAI
LHH TRUST
TRUST NOT IDENTIFIED

JAMES & BARBARA
OSHUST
JAMIE SCOTT COOPER
CHRISTOPHER & EMERY
HUGHES
EMILY A BAUMAN
SM TRUST
CORINNE & FRED
EDWARDS
TERRY TORRES &
EMELIA VASQUEZ
KRISTIN ANNE
GELEGOTIS
KELLY EUSER &
BENJAMIN LOSSER

Page 30 of 157

SHADYBROOK HOA
NANASI KOLI & TANIELA
O L PASI
ISATIS PROPERTIES, LLC
LP HEB
RICHARD S DYATT
KATE L HANUS &
CASANDRA P TURNER
ELIZABETH A BAUM
RYAN & SONDRA
BOLANDER
DAVID & ELEANOR
ISAAC
VALERY POZO
LUKE A KIRCH
TERESA WELCH &
DEANNA WORTHINGTON
SCOTT & ROBYN S
JOHNSON
ALEXANDER KATZ &
VICTORIA HAKLAR
DAVID R ALLEN
MONT ROGERSON
KARLIE & BENJAMIN
CURRAN
PORT OF CALL, LLC

THOMAS & PAMELA
FARNWORTH
RP MADRIGAL
HOLDINGS
MIKE D LYONS
ZEPH SMITH
SERIES OF RADICAL
PROPERTIES LLC
MILLCREEK PARKER
TRUST
TRUST NOT IDENTIFIED
RACHEL L BUCHANAN

KATHRYN BURTON
AMADOR JR RIVERA
MARY GEEZE-CORLEY

CIONA A MACEWEN
DAWNA SHELLEY
RANDALL RICHINS

TRUST NOT IDENTIFIED

AUSTIN BAILEY & DAVID
BAILEY
OKUMA SOVELIUS
TRUST
LINDA H JACOBSEN
JSUT PROPERTIES, LLC
JOHNSON FAMILY TRUST

KATHLEEN W MACKIE
S LIV TRUST
DOUGLAS D CLIFF
KERI BURGESS
DONICA WIGHT

LAURA KEMPER
JOAN M SULLIVAN

WANDING SHI
RONALD ELBERT
ANDERSON
THOMAS G LUTHY

KELLI WITZEL & JASON
ANDERSON

BRAD HOUGHTON
BRENT & KATELYN KEIL
WILLIAM J ALLEN

CONNOR J HENNEBRY

PHOEBE BERGVALL
CHAD KRUGER
BRYAN VAN ALLEN
C-3 INVESTING LLC

ROBERT W MACKINNON

THOMAS M GAFFNEY

JULIE JENSEN

NATHANIEL VIHN PHAM

THOMAS HUGHES II
MARTIN
CANDICE & HUTCH
JORGENSEN
RYAN KANE& BRITTANY
JURSIK
DICKSON FAMILY TRUST
LYDIA HARVEY

ESTATE OF VINCENT
VENTURA
QUINN & CANDACE
CARSON
MARK E GRABL
HARRY D MCREYNOLDS

NICHOLAS ALEXANDER
GONZALEZ
REBECCA BINGHAM
ROBYN DUNYON
VICKI L VERNON
MYANNA JEAN MOODY
MAXIMINIUMS, LLC
CRAIG TAYLOR NELSON
MARK ALAN MATTHEWS KRISTIN & M GENE
LINDER
YARONG & DAYOU ZHAO MARTIN &ALYSSA FORD

Page 31 of 157

CHRISTOPHER W WADE
DOUGLAS STELSING &
SUSAN MARKS
RUSSELL SHAW & LISA
PHIPPS
JEFF & KRIS
KUEHNDAHL
LINDA W SAVAGE
ELLEN & ROBERT
BREEZE
G.C. BENNETT
CHARISE LYNN POLSTER
WILLIAM J BRAUN
TANYA M NAGAHIRO
VALERIE DEL PORTO
JOANNE PARRISH
JIM R PETERMANN
ALISEN M FLUKE
HEIDI ORME & CHRIS
BAUTNER
MILLCREEK
MANAGEMENT INC
LARENE & ROBERT
BAUTNER
THEODOROS
ANASTASOPOULOS
MARCUS & SARA QUINN
TRAIL

TIFFANY THANH
NGUYEN
PENG ZHANG & JIAXUAN
LIU
ANNABELLE & STEVEN
RISENMAY
ANDREA HELEN PULLOS
JEFF GRANT
PICKENS PROPERTIES
LLC
SCOTT AVENUE PARK PH
3
SAUL SHAW FAMILY
TWS TRUST
JUDI LEHRMAN
ALEXANDRA BUTLER
MARENE FOULGER
WILLIAM SCHLANSKY
BRUCE C BAWDEN

SCOTT AVENUE PARK
PUD
COLONEL L & APRIL L
PAYNE
SCOTT AVENUE PARK
PHASE 2
JASON & MAYLINDA
DIGILIO
PEGGY & WILLIAM
KNIGHT
KOON S SO

BDS LIV TRUST

BYRON HENNEN &
KAITLYN MCLELLAN
JON C ROSS
DIANA STUVER
RADFL TRUST
RACHAEL THOMAS
KATHY J ROBBINS
CHARLES A BOYD
BYRON & KAREN H
BURMESTER
MOLLY CREEL & JAMES
STEED
RUTH MACANGUS

SALT LAKE COUNTY

BRADLEY D SPRING

JOANNE MATRAGOS

JOSEPH H TABISH

RACHEL E HODSON

Page 32 of 157

March 10, 2026
Millcreek City Planning Commission
3330 S 1300 E
Millcreek, UT 84106
Re: Recommendations from the Millcreek Community Council – March 3, 2026, Meeting
For the March 18, 2026 Planning Commission Meeting
Dear Commissioners,
The Millcreek Community Council respectfully submits the following recommendations
from our regular meeting held on March 3, 2026. These recommendations pertain to two
applications scheduled for consideration at your March 18, 2026, meeting.
1. CUP‑26‑002 — Conditional Use Permit for Medical Spa
4212 S Highland Drive
After reviewing the application, reading the planner’s report, and discussing the proposed
use, the Community Council voted unanimously (6–0) to recommend approval of the
conditional use permit. The applicant seeks authorization to operate a medical spa within
the RM Zone, where non‑residential uses require a CUP before operating. The Council found
the use appropriate for the area and consistent with the RM Zone standards.
Recommendation: Recommend approval of the Conditional Use Permit as requested.
2. ZM‑26‑004 — Rezone, Development Agreement & Zone Condition
815 E Scott Avenue
The Council reviewed the request to rezone 0.40 acres from R‑1‑6 to R‑4, along with the
associated development agreement proposing two residential buildings comprising four
total units. The Council also considered provisions intended to ensure thoughtful building
design and individual ownership.
The Community Council voted unanimously (6–0) to recommend approval, with one
specific consideration:

Page 33 of 157

Recommendation: Recommend approval of the rezone, development agreement, and zone
condition as presented, with additional consideration in the development agreement to
ensure construction occurs within the building envelope on the west side of the property.
We appreciate the Planning Commission’s continued collaboration with the Community
Council and your thoughtful review of land‑use items affecting our neighborhoods. Please
feel free to contact us if additional clarification or input is needed.
Sincerely,
Millcreek Community Council

Page 34 of 157

March 10, 2026
To:

Millcreek Planning Commission
Millcreek Planning

Re:

ZM-26-004 815 E Scott Ave.

Disclaimer: These comments are not from the East Mill Creek Community Council. This application
was not discussed by the EMCCC and opinions expressed are entirely my own.
These comments relate only to requirements set forth in the Landscape Standards portion of the
Millcreek Zoning Code specifically, MKZ 18.64.040, Tree Preservation Standards, and 18.64.140,
Landscaping Along Natural Waterways.
Observations: In examining the property on Sunday, March 1, 2026 I observed that all mature trees had
been removed. I do not know if this occurred prior to or after the present land use application was filed.
There were wood chips remaining in the immediate area of a majority of the resultant stumps. I do not
know if a tree removal permit was secured or if any of the other requirements of 18.64.040 were or
should have been in effect.
My request is that any Development Agreement between the City and Landowner also include, 1)
specific reference to the applicable Landscape Standards; 2) documentation of the removed trees to
facilitate any necessary replacement pursuant to the Tree Replacement Table, 18.64-4; and 3) that the
requirements of 18.64.140, Landscaping Along Natural Waterways be especially emphasized and occur
prior to any occupancy permit be granted.
Sincerely,
/s/
Jamie Allyn
CC: Brad Sanderson

Page 35 of 157

When recorded, return to:
Millcreek
Attn: Elyse Sullivan
1330 E Chambers Ave
Millcreek, UT 84106
DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”) is entered into this ___ day of
_______________, 2026, by and between Eric Bluth, representing Bluth Group LLC
(“Developer”), for the land to be included in or affected by a potential development located at
approximately 815 East Scot Avenue, referred to as the (“Property”) within Millcreek Utah, a
municipal corporation of the State of Utah (“City”). The Developer and the City are sometimes
called the (“Parties”).
RECITALS
WHEREAS, the Developer owns approximately 0.40 acres of real property located at
815 East Scott Avenue in Millcreek, Utah. A legal description of the Property is attached hereto
as Exhibit “A”, and
WHEREAS, the Property is zoned Single Household Residential R-1-6, and
WHEREAS, the Developer desires to rezone the entirety of the Property, as described in
Exhibit “A,” to the Medium Density Residential R-4 Zone, in effect as of the date of this
Agreement, and

Whereas, The Parties desire that the Property be developed in a unified and higher
standard pursuant to the terms and conditions of this Agreement

Page 36 of 157

WHEREAS, the Developer intends to develop the Property consistent with the certain
design criteria as identified in Exhibit “B” and in accordance with the concept plans as depicted
in Exhibit “C” and
WHEREAS, Developer hereby represents to the Millcreek Council that it is voluntarily
entering into this Agreement; and
WHEREAS, Developer is willing to restrict the Property in a manner that is in harmony
with the objectives of the City’s General Plan and long-range development objectives, and which
addresses the more specific development issues set forth in this Agreement, and is willing to
abide by the terms of this Agreement; and
WHEREAS, the City and Developer acknowledge that the terms of this Agreement shall
be enforceable and the rights of the Developer relative to the Property shall vest only if the City
Council, in its sole legislative discretion, approves the rezone and this Agreement; and
WHEREAS, the City, acting pursuant to its authority under the Utah Municipal Land Use,
Development, and Management Act, Utah Code Ann. §10-20-101, et seq., and its ordinances,
resolutions, and regulations, and in furtherance of its land-use policies, has made certain
determinations with respect to the proposed Project, and, in the exercise of its legislative discretion,
has elected to approve this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
1.

Affected Property. The legal description of the Property contained within the

Project boundaries is attached as Exhibit “A.” No additional property may be added to or removed
from this description for this Agreement except by written amendment to this Agreement executed
and approved by the Developer and the City.
2.

Reserved Legislative Powers. Nothing in this Agreement shall limit the future

exercise of police power by the City in enacting zoning, subdivision, development, transportation,

Page 37 of 157

environmental, open space, and related land-use plans, policies, ordinances, and regulations after
the date of this Agreement.
3.

Vested Rights. Except as provided below, the Parties intend that this Agreement

grants the Developer the right to develop the Project to fulfill this Agreement.
3.1

Exceptions. The vesting, as specified above, is subject to the following
exceptions:
3.1.1. City’s future laws/ordinances that the Developer gives the City notice of its
intent to comply with City’s future laws/ordinances. If the Developer provides notice
of its intent to abide by the City’s future laws/ordinances, then such future
laws/ordinances shall apply to the Project for the remaining duration of the entire
Project;
3.1.2

State and Federal Compliance. City’s future laws, which are generally

applicable to all properties in the City, and which are required to comply with State
and Federal laws and regulations affecting the Project;
3.1.3

Codes. City development standards, engineering requirements and

supplemental specifications for Public Works and any new editions or replacement
thereof and any City’s future laws that are updates or amendments to existing
building, plumbing, mechanical, electrical, dangerous buildings, drainage, or similar
construction or safety related codes, such as the International Building Code, the
APWA Specifications, AAHSTO Standards, the Manual of Uniform Traffic Control
Devices or similar standards that are generated by a nationally or statewide
recognized construction/safety organization, or by the State or Federal governments
and are required to meet legitimate concerns related to public health, safety or

Page 38 of 157

welfare;
3.1.4

Taxes. Taxes, or modifications thereto, so long as such taxes are lawfully

imposed and charged uniformly by the City to all properties, applications, persons,
and entities similarly situated; or,
3.1.5

Fees. Changes to the fees for processing development applications that are

generally applicable to all development within the City (or a portion of the City as
specified in the lawfully adopted fee schedule) and which are adopted pursuant to
State law.
3.1.6

Impact Fees. Impact Fees or modifications thereto which are adopted and

imposed by the City.
3.1.7

Compelling, Countervailing Interest. Laws, rules, or regulations that the

City’s land use authority finds on the record are necessary to avoid jeopardizing a
compelling, countervailing public interest pursuant to Utah Code Ann. § 10-9a509(1)(a)(i) (2019).
4.

Compliance with City Ordinances and Standards. The Developer acknowledges

and agrees that nothing in this Agreement shall be deemed to relieve it from the obligation to
comply with all applicable city ordinances and requirements necessary for the development of the
Project, including the payment of fees and compliance with applicable City standards.
5.

Specific Design Conditions. The Project shall be developed and constructed as set

forth in the specific design conditions/criteria set forth in Exhibit “B.” and as reasonably depicted
with in Exhibit C. The Project shall also comply with all requirements set forth in the minutes of
the Millcreek Planning Commission and Millcreek meetings.
6.

Agreement to Run With the Land. This Agreement shall be recorded in the

Office of the Salt Lake County Recorder, shall be deemed to run with the Property, and shall
encumber the same; and shall be binding on and inure to the benefit of all successors and assigns

Page 39 of 157

of Developer in the ownership or development of any portion of the Property. This Agreement
supersedes any and all development agreements that have been executed concerning the Property.
7.

Assignment.

Neither this Agreement nor any of the provisions, terms, or

conditions hereof can be assigned to any other party, individual, or entity without the other party's
consent. This Agreement shall be binding upon any successors and assigns. This restriction on
assignment is not intended to prohibit or impede the sale by the Developer.
8.

No Joint Venture, Partnership, or Third-Party Rights. This Agreement does

not create any joint venture, partnership, undertaking, or business arrangement between the parties
or any rights or benefits to third parties except as expressly provided herein.
9.

Integration, Modification and Entire Agreement. This Agreement contains the

entire agreement between the parties with respect to the subject matter hereof and integrates all
prior conversations, discussions, or understandings of whatever kind or nature and may only be
modified by subsequent writing duly executed and approved by the parties hereto. Exhibits A and
B are hereby incorporated into this Agreement.
10.

Notices. Any notices, requests, or demands required or desired to be given

hereunder shall be in writing and should be delivered personally to the party for whom it intended,
or, if mailed by certified mail, return receipt requested, postage prepaid to the parties as follows:
TO DEVELOPER:

Eric Bluth
Bluth Group Llc
2598 W 12820 S
Riverton Utah, 84065

TO CITY:

Millcreek
Cheri Jackson, Mayor
1330 E Chambers Ave
Millcreek, Utah 84106

Any party may change its address by giving written notice to the other party in accordance
with the provisions of this section.

Page 40 of 157

11.

Choice of Law and Venue. Any dispute regarding this Agreement shall be heard

and settled under the laws of the State of Utah. Any Utah litigation regarding this Agreement shall
be filed in the Third District Court in Salt Lake City, Utah. Any federal litigation regarding this
Agreement shall be filed in the United States District Court for the District of Utah in Salt Lake
City, Utah.
12.

Severability.

If any provision of this Agreement is held to be invalid or

unenforceable, the remaining provisions shall remain valid and binding upon the parties. One or
more waivers of any term, condition, or other provision of this Agreement by either party shall not
be construed as a waiver of a subsequent breach of the same or any other provision.
13.

Limitation on Recovery for Default – No Damages. No party shall be entitled to

any claim for any monetary damages as a result of any breach of this Agreement, and each Party
waives any claims thereto. The sole remedy available to the Developer or assignee shall be specific
performance.

Notwithstanding such limitation, the City may withhold all further reviews,

approvals, licenses, building permits, and/or other permits for the development of the Project in
the case of a default by Develop or any assignee.
14.

Term of Agreement. This Agreement shall run with the land and shall continue

in full force and effect until all obligations hereunder have been fully performed and all rights
hereunder fully exercised; provided, however, that unless the Parties mutually agree to extend the
term, this Agreement shall not extend further than a period of ten years from its date of recordation
in the official records of the Salt Lake County Recorder’s Office.
15.

Force Majeure. Neither party shall be liable or deemed to be in default for any

delay, failure, or interruption in performance under the Agreement resulting, directly or indirectly,
from acts of God, acts of civil or military authority, acts of public enemy, war, accidents, fires,
explosions, earthquakes, floods, failure of transportation, machinery or supplies, vandalism, strikes
or other work interruptions, or any other cause beyond the control of either party. Both Parties,
however, agree to make good faith efforts to perform under this Agreement in the event of any
such circumstance.

Page 41 of 157

16.

Construction. The Parties stipulate that this Agreement and all agreements or

documents incorporated herein shall not be subject to the rule of construction that a written
agreement is construed against the Party preparing or drafting that Agreement.
17.

Headings. The descriptive headings of the paragraphs of this Agreement are

inserted for convenience only and shall not control or affect the meaning or construction of any of
the provisions hereof.
18.

No Waiver. The failure of either Party to exercise in any respect a right provided

for in this Agreement shall not be deemed a subsequent waiver of the same right or any other right.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.

Millcreek

ATTEST:

Cheri Jackson, Mayor

Elyse Sullivan, MMC, City Recorder

CITY ACKNOWLEDGMENT
STATE OF UTAH

)
: ss

COUNTY OF SALT LAKE )
On the ________ day of _________________, 2026, personally appeared before me
_________________, who being by me duly sworn, did say that he is the Mayor of Millcreek, a
political subdivision of the State of Utah, and that said instrument was signed on behalf of the
City by authority of its City Council and said Mayor acknowledged to me that the City executed
the same.

Page 42 of 157

DEVELOPER
By:
Title:

OWNER/DEVELOPER ACKNOWLEDGMENT
STATE OF UTAH

)
: ss.
COUNTY OF SALT LAKE )
On the _____ day of ______________, 2026, personally appeared before me
________________________, who being by me duly sworn, did say that he is the Managing
Member of the ___________, Limited Liability company and that the foregoing instrument was
duly authorized by the company at a lawful meeting held by authority of its bylaws and signed in
behalf of said company.

Page 43 of 157

Exhibit A
(Legal Description)
Parcel No. 16-32-104-012
COM 66 FT S & 70 FT E OF SW COR OF LOT 11, BLK 20, TEN AC PLAT A, BIG FIELD
SUR; N 215.75 FT; S 33^50' E 128.1 FT; S 41^40' E 146.5 FT; W 167.2 FT, M OR L TO BEG.

Page 44 of 157

Exhibit B
(Design and Improvement Criteria)
The Developer shall develop the Property consistent with the design and improvement criteria as
listed below:
1. Use - The development shall be limited to two duplex buildings, not to exceed four total
units.
2. Owner Occupancy - The Property shall be subdivided via a subdivision plat for the
purpose of creating “for sale” dwelling units, available for individual ownership.
Furthermore, each unit shall be ‘deed restricted’ to ensure ownership for a minimum
period of 5 years from the date of the recording of this agreement, as per Exhibit C.
3. Landscaping – The property shall be landscaped as follows and in accordance with an
approved landscape plan as depicted within Exhibit D.
i.
Areas located along the creek shall be revegetation with native with natural seed
mix and other perennials as approved by Millcreek Staff.
ii.
Trees previously removed shall be replaced in accordance with the tree
preservation standards as specified by MKZ 18.64.040. as recommended by a
third-party licensed tree arborist. The location of such trees shall be primarily
located along the east and west property lines.
iii.
In addition to the tree replacement standards, street trees shall be planted
approximately every 40 linear feet and within 10 feet of Scott Avenue right-of-way.
4. Easements – The following easements shall be shown/referenced on the recorded plat:
i.
A 10 wide public utility easement located parallel to and abutting Scott Avenue
right-of-way.
ii.
A creek access and maintenance easement along the Millcreek waterway in favor
of Salt Lake County Flood Control.
iii.
A 25-foot trail access easement in favor of Millcreek City for a future trail system.
5. Design - In addition to the standards contained within the R-4 Zone, all buildings shall
be designed and constructed to resemble the character of a single-family structure. All
habitable structures shall include the following design elements:
i. Minimum 60 square foot front porches accessed from the primary entrance of each
unit.
ii. Minimum 50% of the front façade shall be living space.
iii. Subservient garages (5 feet behind the front porch or façade of the living space)
and/or garages shall be located to the side or rear of the residential structure.
iv. Only one front door per building is allowed to face the public right of way.
v. Minimum 5:12 roof pitches
vi. Exterior materials shall be naturally colored and limited to traditional brick, stone,
fiber cement siding. Stucco may be used as an accent material and shall not exceed
twenty five percent (25%) of the exterior facade.

Page 45 of 157

Exhibit C
(Site Plan and Elevations)

Page 46 of 157

COVERED
PORCH

DINING

5'-0" WIDE 5'-0" TALL

EC
M

ENTRY

5'-0" WIDE 5'-0" TALL

N
HA

2'-6" x 6'-8"

"
'-8
x6

BEDROOM 2

6"
2'-

A
IC

5'-0" WIDE 5'-0" TALL

BEDROOM 1
(MASTER)
0"
3'W
E
ID
LL
TA
0"
5'-

CLOSET

KITCHEN

LIVING

REF.

NOOK

STACK
W/D

PANTRY/
STORAGE

STACK
W/D

MASTER
BATH
MASTER
CLOSET

LOCATION:

MASTER
BATH

PANTRY/
STORAGE

TITLE:

NOOK

2'-6" x 6'-8"

5'-0" WIDE 5'-0" TALL

LAUNDRY
MASTER
CLOSET

SALT LAKE COUNTY

BATHROOM

BLUTH PROJECT

LAUNDRY
LOFT

LIVING

KITCHEN

CLOSET

PRELIMINARY
NOT FOR CONSTRUCTION

REF.

5'-0" WIDE 5'-0" TALL

BEDROOM 1
(MASTER)
HALF
BATH

GARAGE

ENTRY

DINING

PROJECT MANAGER: ---

BEDROOM 2

DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

2'-6" x 6'-8"

CLOSET
5'-0" WIDE 5'-0" TALL

MECHANICAL
5'-0" WIDE 5'-0" TALL

REVISION:

DATE:

NOTES:

COVERED
PORCH

FLOOR PLANS

SCALE:
JOB #:

REFER TO PLANS
100
DRAWING TITLE:

BASEMENT
FLOOR PLAN
SHEET NO.

A-100

Page 47 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

ELEVATION

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

MAIN
FLOOR PLAN
SHEET NO.

A-101

Page 48 of 157

5'-0" WIDE 5'-0" TALL

STAIR
STORAGE
CLOSET

BATHROOM
COLD
STORAGE

BEDROOM 3

LIVING
ROOM

LIVING
ROOM
BEDROOM 3
COLD
STORAGE

BATHROOM
CLOSET

STAIR
STORAGE
5'-0" WIDE 5'-0" TALL

FIREPLACE

REF.

HALF
BATH

PANTRY

LIVING

HALF
BATH

KITCHEN

MECH.

DINING

LOCATION:

LIVING

TITLE:

SALT LAKE COUNTY

PANTRY

KITCHEN
DINING

BLUTH PROJECT

MECH.

REF.

FIREPLACE

PRELIMINARY
NOT FOR CONSTRUCTION
STACK
W/D
CLOSET

PROJECT MANAGER: ---

CLOSET

BATH
BEDROOM 1

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

HALL

BEDROOM 2

DESIGNER:

REVISION:

BATH

BEDROOM 2

DATE:

NOTES:

BEDROOM 1

HALL

CLOSET

SCALE:
JOB #:

CLOSET
STACK
W/D

FLOOR PLANS

REFER TO PLANS
100
DRAWING TITLE:

UPPER
FLOOR PLAN
SHEET NO.

A-102

Page 49 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

ELEVATION

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

ROOF PLAN
SHEET NO.

A-103

Page 50 of 157

GARAGE 1

LOCATION:

SALT LAKE COUNTY

TITLE:

GARAGE 2

BLUTH PROJECT

GARAGE 3

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

STRUCTURAL WALL
PLAN
SHEET NO.

A-104

Page 51 of 157

LOCATION:

SALT LAKE COUNTY

BLUTH PROJECT

TITLE:

PRELIMINARY
NOT FOR CONSTRUCTION

PROJECT MANAGER: --DESIGNER:

DAB

DRAWN BY:

DAB

THESEDRAWINGSARETHEPROPERTY
OFDALLINBEHUNIN.ANDARENOTTO
BEREUSED,CHANGED,ORREPRODUCED
WITHOUTWRITTENPERMISSION
FROMDALLINBEHUNIN.

REVISION:

SCALE:
JOB #:

DATE:

NOTES:

REFER TO PLANS
100
DRAWING TITLE:

SYSTEM RUN PLAN

SYSTEM RUN
PLAN UPPER FLOOR
SHEET NO.

A-105

Page 52 of 157

MILLCREEK, UTAH
ORDINANCE NO. 26-14
AN ORDINANCE ADDING TITLE 10 CHAPTER 10.32 ENTITLED LOITERING
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, adding Title 10 Chapter 32 to the Millcreek Code of Ordinances
with respect to Loitering; and
WHEREAS, staff has advised the Council that loitering on public sidewalks creates the
following problems: deters customers from entering establishments, interferes with storefront
access, creates perceptions of disorder that affect commerce, impedes pedestrian flow, creates
safety problems, interferes with ADA accessibility (wheelchairs, mobility aids), and creates
congestion; and
WHEREAS, after careful consideration and based on staff recommendations, the
Council has determined that it is in the best interest of the health, safety, and welfare of the
residents of the City to add Title 10 Chapter 32 of the Millcreek Code of Ordinances with respect
to Loitering.
NOW THEREFORE, BE IT ORDAINED by the Council that Title 10, Chapter 32 of
the Millcreek Code of Ordinances be added as follows:

10.30 LOITERING
10.32.100: LOITERING ON SIDEWALK:
It is unlawful for any person to remain standing, lying or sitting on any sidewalk for a longer
period than two (2) minutes, in such manner as to obstruct the free passage of pedestrians
thereon, or wilfully to remain standing, lying or sitting thereon in said manner for more than one
(1) minute after being requested to move by any police officer, or wilfully to remain on any
sidewalk in such manner as to obstruct the free passage of any person or vehicle into or out of
any property abutting upon said sidewalk or any property having access to such sidewalk. Any
violation of this chapter is a Class B misdemeanor.
This Ordinance, assigned no. 26-14, shall take immediate effect as soon as it is published or
posted as required by law and deposited and recorded in the office of the City’s recorder.
PASSED AND APPROVED this 13th day of April 2026.

MILLCREEK COUNCIL
By: ______________________________
Cheri Jackson, Mayor

Page 53 of 157

ATTEST:
____________________________________
Elyse Sullivan, City Recorder
Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

CERTIFICATE OF POSTING
I, the duly appointed recorder for Millcreek, hereby certify that:
ORDINANCE 26-14: AN ORDINANCE ADDING TITLE 10 CHAPTER 10.32 ENTITLED
LOITERING was adopted the 13th day of April 2026 and that a copy of the foregoing Ordinance
26-14 was posted in accordance with Utah Code 10-3-711 this ____ day of April, 2026.
_________________________
Elyse Sullivan, City Recorder

Page 54 of 157

MILLCREEK, UTAH
RESOLUTION NO. 26-05
A RESOLUTION OF THE MILLCREEK COUNCIL APPROVING A UTILITY
PERMIT AGREEMENT WITH SALT LAKE CITY CORPORATION
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, approving a utility permit agreement (“Agreement”) with Salt
Lake City Corporation; and
WHEREAS, the Utah Local Cooperative Act (Utah Code Ann. § 11-13-101, et seq.) (the
“Act”) provides that two or more entities are authorized to enter into agreements with each other
for joint or cooperative action; and
WHEREAS, Salt Lake City Corporation (“City”) and Millcreek are public agencies, as
contemplated in the Act, and the services contemplated are joint and cooperative actions, as
contemplated in the Act; and
WHEREAS, the City and Millcreek desire to enter into the Agreement to facilitate the
Millcreek Wasatch Blvd Multi-Use Path project (“Project”); and
WHEREAS, a portion of the Project is on property owned by the City that is used for
critical water infrastructure, including a culinary water pump station and the Big Cottonwood
Water Conduit; and
WHEREAS, the Council has determined that it is in the best interest of the inhabitants of
Millcreek to enter into the Agreement; and
WHEREAS, the Agreement has been presented to the Council for review and approval,
a copy of which is attached hereto; and
WHEREAS, the Agreement sets forth the purpose thereof, the extent of participation of
the parties, and the rights, duties, and responsibilities of the parties.
NOW, THEREFORE, BE IT RESOLVED that the Agreement is approved, and that
the Mayor and Recorder are hereby authorized and directed to execute and deliver the same.
This Resolution assigned No. 26-05, shall take effect immediately on passage.
PASSED AND APPROVED by the Council this 13th day of April 2026.
MILLCREEK COUNCIL
By: ______________________________________
Cheri Jackson, Mayor

Page 55 of 157

ATTEST:
________________________________
Elyse Sullivan, City Recorder

Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

Page 56 of 157

Millcreek City
4430 S Wasatch Blvd
22-02-404-001 & 22-02-405-001

UTILITY PERMIT AGREEMENT
THIS AGREEMENT (“Agreement”) is made and entered into as of the date stamped by
the Salt Lake City Recorder’s Office (“Effective Date”), by and between SALT LAKE CITY
CORPORATION, a municipal corporation of the State of Utah ("City"), and the city of
MILLCREEK, a Utah municipal corporation, whose mailing address is 1330 East Chambers
Avenue, Millcreek, Utah 84106 ("Permittee"),
W I T N E S S E T H:
WHEREAS, City is the owner of certain real property and Big Cottonwood Conduit
Easement used by City for critical water infrastructure, including a culinary water pump station
and the Big Cottonwood Water Conduit in Salt Lake County, Utah, located at 4430 S Wasatch
Blvd (“Property”); and
WHEREAS, Permittee is desirous of obtaining a permit from City for using part of the said
Property to install curb, gutter, and paved pathway (“Facilities”), for Permittees project of
Wasatch Blvd Multi-Use Path (“Project”), on the Property at approximately 4430 S Wasatch Blvd;
and
WHEREAS, City is willing to grant a permit for such use within the premises described in
Exhibit "A" and “B”, attached hereto and by this reference made a part hereof (“Premises”); and
NOW, THEREFORE, in consideration of the foregoing recitals, which by this reference are
incorporated into this Agreement, and for and in consideration of the premises, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto do hereby agree as follows:
1.
This Agreement shall have an initial term of ten (10) years (“Term”) from the date
hereof. The parties acknowledge a lump sum permit fee of $23,512.00 for the 10-year term. as the
determined value for the Facilities to be constructed within the Property. The Permittee will
install, construct and maintain, to City standards, a drivable approach to be used by both parties
and to be maintained by Permittee at Permittee’s expense.
As a courtesy, Permittee may opt for an annual payment instead of a lump sum payment.
If Permittee chooses an annual payment, the City’s rate of return (8%) will be added to each
annual payment for a total annual permit payment of $2,921.17, which amount shall be paid by
the Permittee upon the execution of this Agreement. Subsequent payments shall be due on the
anniversary date of recordation of the Agreement, and each annual payment shall be increased by
four percent (4%) of the prior year’s permit payment amount, for a total of $3038.02.
This Agreement may be renewed after the City receives a written notice of intent to renew
from the Permittee that is received prior to the expiration of the Term, not more than 90 days
before the expiration of the current Term. A maximum of up to two (2) additional terms of ten
(10) years is allowed. The permit fee for each additional 10-year term shall be determined by an
appraisal of the Premises conducted within six (6) months of the renewal date. Permit payments

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Millcreek City
4430 S Wasatch Blvd
Page 2

shall be made payable to Salt Lake City Corporation and sent to the City’s Director of Public
Utilities at 1530 South West Temple Street, Salt Lake City, Utah 84115.
The receipt of the permit payment is hereby acknowledged, and the City hereby grants
permission and license to Permittee to install and maintain Facilities upon the Premises.
2.
Prior to any Facilities installation, the Permittee's plans, specifications and
timetable for installation of said Facilities shall be submitted to and must be approved by the City's
Director of Public Utilities ("Director"), or designee, before any construction thereon may
commence. Permittee will make any changes in such plans, specifications or timetable as and
when requested by said Director. The following items are required as part of this Agreement:
a.
b.
c.

Inspector: Michael McLelland 801-483-6712 - must be contacted 24 hours
before Project construction begins.
Any unresolved conflicts of access may result in the revocation of this
Agreement and may result in no additional access being granted.
Permittee agrees to obtain written clearance for any foreign fill needed for
the Project from the City.

3.
Permittee agrees not to erect any structures other than the Facilities or make any
other improvements on the Premises. Permittee agrees to perform all such installation pursuant
to all applicable federal laws or regulations, City ordinances, and Salt Lake County and State laws.
Installation and maintenance of the Facilities on the Premises shall be at Permittee's sole expense.
4.
Permittee shall, at Permittee's sole expense, and within a reasonable time and
when requested in writing by City, remove, replace or alter the Facilities installed by Permittee on
the Premises. In connection with any relocation, City may provide Permittee with alternate space
within the Property.
5.
Permittee agrees that at all times this Permit shall be subject to any use of the
Premises City may desire, and City shall not be liable to Permittee for any loss of use or damage
to Permittee's Facilities resulting from such use. Permittee shall be responsible for implementing
all necessary safety measures related to the temporary closure of the Facilities and Premises
during the City’s construction activities on the Property. This includes posting appropriate
signage, securing access points, and coordinating with relevant agencies to ensure public safety
and compliance with applicable regulations throughout the duration of the construction period.
6.
Permittee agrees to operate and maintain the Facilities located within the
Premises, during the term of the Agreement, in accordance with generally accepted standards for
operation and maintenance of similar facilities. Permittee shall be responsible for the day-to-day
maintenance of the Premises and associated right-of-way, including snow and weed management
within the Premises.
7.
Permittee agrees, upon written notice from the Director, to repair any damage
caused to the Premises as a result of use of the Premises by Permittee and its agents, employees
or invitees.
8.
Permittee is in default of this Agreement if Permittee fails to perform or comply
with any terms under this Agreement, or if Permittee’s use of the Premises results in or has a
material adverse effect on the Property. Upon default, the City shall provide written notice to
Permittee describing the default and establishing a period of time to allow Permittee to cure the

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Millcreek City
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Page 3

default. If the established period of time passes and Permittee fails to cure the breach, the City
may revoke this Agreement, and Permittee shall be responsible for any and all damages and costs
incurred by City as a result of Permittee’s breach.
9.
This Agreement is subject to revocation by the City for any reason and at any time
upon the expiration of thirty (30) days prior written notice sent to Permittee at the Permittee's
above stated address. Upon receipt of such notice, Permittee shall remove any Facilities or
improvements from the said Premises, restoring the surface of the Premises as near as possible to
its condition prior to the date hereof.
10.
City and Permittee are bodies politic and corporate of the State of Utah and are
governmental entities under the Governmental Immunity Act of Utah, Section 63G-7-101 et
seq. of the Utah Code, as the same may be amended (the "Act"). Subject to the Act and up to
the limitations of liability established in Section 63G-7-604 of the Act, Permittee shall
indemnify, hold harmless, and defend City, its officers and employees, from and against any and
all losses, claims, counterclaims, demands, actions, damages, costs, charges, liens, expenses, and
causes of action of every kind or character, including reasonable attorneys' fees, arising out of
Permittee's intentional, reckless, or negligent performance hereunder. Permittee's duty to defend
City shall exist regardless of whether City or Permittee may ultimately be found to be liable for
anyone’s negligence or other conduct. Permittee shall pay City’s reasonable costs, expenses, and
attorney’s’ fees incurred in proving such indemnification, defending itself, or enforcing this
provision. Nothing herein shall be construed to require Permittee to indemnify the indemnitee
against the indemnitee’s own negligence. The provisions of this section will survive the expiration
or earlier termination of this Permit.
City assumes no responsibility for any damage or loss that may occur to Permittee's
Facilities, except the obligation City assumes that it will not willfully or intentionally damage
Permittee’s Facilities. City has no responsibility for Permittee’s Facilities, maintenance, or any
activities performed or engaged in by Permittee.
11.
Permittee at its own expense, shall secure and maintain in force during the term of
this Agreement, an insurance policy or program sufficient to provide coverage for the risks and
indemnities that Permittee has assumed under this Permit, and in accordance with the following:
A.
Commercial general liability insurance with City as an additional insured,
in the minimum amount of $2,000,000 per occurrence with a $3,000,000 general
aggregate. These limits can be covered either under a CGL insurance policy alone, or a
combination of a CGL insurance policy and an umbrella insurance policy and/or a CGL
insurance policy and an excess insurance policy. The policy shall protect City, and
Permittee from claims for damages for personal injury, including accidental death, and
from claims for property damage that may arise with respect to the Premises. Such
insurance shall provide coverage for premises operations and the acts of independent
contractors.
B.
Any insurance coverage required herein that is written on a “claims made”
form rather than on an “occurrence” form shall (i) provide full prior acts coverage or have
a retroactive date effective before the date of this Agreement, and (ii) be maintained for
a period of at least three (3) years following the end of the term of this Agreement or
contain a comparable “extended discovery” clause. Evidence of current extended
discovery coverage and the purchase options available upon policy termination shall be
provided to City.

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Millcreek City
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Page 4

C.
All policies of insurance shall be issued by insurance companies authorized
to do business in the state of Utah and either:
(1) Currently rated A- or better by A.M. Best Company;
OR
(2) Listed in the United States Treasury Department’s current Listing of
Approved Sureties (Department Circular 570), as amended
D.
Permittee shall furnish certificates of insurance, acceptable to City,
verifying the foregoing matters concurrent with the execution hereof and thereafter as
required.
E.
In the event that governmental immunity limits are subsequently altered
by legislation or judicial opinion, Permittee shall provide a new certificate of insurance
within thirty (30) days after being notified thereof in writing by City, certifying coverage
in compliance with the modified limits.
F.
All required certificates and policies shall provide that coverage thereunder
shall not be canceled without providing 30 days prior written notice to City.
G. Self-insured Permittee shall obtain and maintain (during the term of the
Agreement) insurance policy or program sufficient to provide coverage for the risks and
indemnities Permittee has assumed under this Agreement, as approved by the City’s Risk
Manager.
12.

This Agreement is not assignable.

13.

Any ambiguity in this Agreement shall be construed in favor of the City.

14.
This Agreement embodies the entire agreement between the parties and it cannot
be changed except through a written instrument signed by both parties.
15.
City is subject to the requirements of the Government Records Access and
Management Act, Chapter 2, Title 63G, Utah Code Annotated or its successor ("GRAMA"). All
materials submitted by the Permittee pursuant to this Agreement are subject to disclosure unless
such materials are exempt from disclosure pursuant to GRAMA. The burden of claiming an
exemption from disclosure shall rest solely with the Permittee. Any materials for which the
Permittee claims a privilege from disclosure shall be submitted marked as "Confidential" and
accompanied by a statement from the Permittee explaining the Permittee's claim of exemption
from disclosure. City will make reasonable efforts to notify the Permittee of any requests made
for disclosure of documents submitted under a claim of confidentiality. The Permittee may, at
the Permittee’s sole expense, take any appropriate actions to prevent disclosure of such material.
The Permittee specifically waives any claims against City related to disclosure of any materials
required by GRAMA.

(SIGNATURE TO FOLLOW)

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Millcreek City
4430 S Wasatch Blvd
Page 5

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year herein first above written.
SALT LAKE CITY CORPORATION
By__________________________
DIRECTOR, DEPARTMENT OF
PUBLIC UTILITIES

ATTEST AND COUNTERSIGNED:
Salt Lake City Attorney’s Office
_______________________________
CITY RECORDER

APPROVED TO FORM:
Salt Lake City Attorney’s Office
________________________
City Attorney
CITY OF MILLCREEK

_____________________________
BY: Cheri Jackson
ITS: Mayor

ATTEST AND COUNTERSIGNED:
______________________________
Millcreek City Recorder

APPROVED AS TO FORM:
_________________________
Millcreek City Attorney

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Millcreek City
4430 S Wasatch Blvd
Page 6

EXHIBIT A
(“Premises”)

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Millcreek City
4430 S Wasatch Blvd
Page 7

EXHIBIT A CONTINUED

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Millcreek City
4430 S Wasatch Blvd
Page 8

EXHIBIT B

Page 64 of 157

MILLCREEK, UTAH
RESOLUTION NO. 26-06
A RESOLUTION OF THE MILLCREEK COUNCIL APPROVING
AN ACTIVE TRANSPORTATION COOPERATIVE AGREEMENT BETWEEN UDOT
AND MILLCREEK WITH RESPECT TO A SHARED USE PATH ON 3900 SOUTH
STREET FROM THE JORDAN RIVER TO WEST TEMPLE STREET
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, approving an Active Transportation Cooperative Agreement
between UDOT and Millcreek with respect to a shared use path on 3900 South street from the
Jordan River to West Temple street; and
WHEREAS, the Utah Local Cooperative Act (Utah Code Ann. § 11-13-101, et seq.) (the
“Act”) provides that two or more entities are authorized to enter into agreements with each other
for joint or cooperative action; and
WHEREAS, UDOT and Millcreek are public agencies, as contemplated in the Act, and
the services contemplated are joint and cooperative actions, as contemplated in the Act; and
WHEREAS, the Council has determined that it is in the best interest of the inhabitants of
Millcreek to enter into an Active Transportation Cooperative Agreement between UDOT and
Millcreek with respect to a shared use path on 3900 street from the Jordan River to West Temple
street; and
WHEREAS, an interlocal cooperative agreement has been presented to the Council for
review and approval, a copy of which is attached hereto (“Agreement”); and
WHEREAS, the Agreement sets forth the purpose thereof, the extent of participation of
the parties, and the rights, duties, and responsibilities of the parties.
NOW, THEREFORE, BE IT RESOLVED that the Agreement is approved, and that
the Mayor and Recorder are hereby authorized and directed to execute and deliver the same.
This Resolution assigned No. 26-06, shall take effect immediately on passage.
PASSED AND APPROVED by the Millcreek Council this 13th day of April 2026.
MILLCREEK COUNCIL
By: ______________________________________
Cheri Jackson, Mayor
ATTEST:
________________________________
Elyse Sullivan, City Recorder

Page 65 of 157

Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

Page 66 of 157

State of Utah
Department of Transportation
Active Transportation
Cooperative Agreement

PIN: 21908
CID: 74844
Project #: S-TR02(4)

Local Agency(ies):
Millcreek and South Salt Lake City

Total Project Value Estimate:
$10,000,000.00

Estimated
Local Contribution:
$ 0.00
Estimated
UDOT Funding:
$ 10,000,000.00
Date Executed:

This Active Transportation Investment Funds (“ATIF”) Program Cooperative Agreement (the
“Agreement”), made and entered into as of the “Date Executed” stated above, by and between the UTAH
DEPARTMENT OF TRANSPORTATION, an agency of the State of Utah (hereinafter referred to as
“UDOT”) and the following: Millcreek City and South Salt Lake City, (hereinafter referred to as “Local
Agency”), (UDOT and the Agency are collectively referred to as “Parties.”)

RECITALS
WHEREAS, the Utah State Legislature appropriated money for the ATIF Program (“Program”)
pursuant to Utah Code Section 72-2-124(11), and Program funds must be administered by UDOT when a
scope of work has been approved by the Utah Transportation Commission pursuant to Utah Code 72-2124 and 72-1-304;
WHEREAS, the Program supports the creation and management of the Utah Trail Network
(“UTN”), which will consist of a statewide network of trail facilities owned and operated by UDOT, and that
any trail UDOT has constructed or will construct may be adopted into the UTN at an unspecified future
date;
WHEREAS, on _May 14th, 2024, the Utah Transportation Commission approved a scope of work
for UDOT to design and construct a shared use path located approximately at: 3900 S from the Jordan
River to West temple (“Trail,” further described in Exhibit A and attached to this Agreement and
incorporated herein). The Trail will have a uniform depth of three (3) to six (6) inches of pavement and a
uniform width of eight (8) feet on either side of the Trail centerline (the total width of which is referred to
as the Trail’s “Right of Way”. The total width of the actual pavement may be less than the sixteen (16)
feet of defined Trail Right of Way.) The Trail will be constructed using appropriated ATIF funds in the
amount of $ 10,000,000.00 (the “Funding,” further detailed in paragraph C of this Agreement) to perform
the design and construction of the trail (the “Work”);
WHEREAS, this Agreement addresses: (1) the Parties’ role in the Work, (2) the ownership of the
Trail and Right of Way, (3) the funding for the Trail, (4) the operation and maintenance responsibilities of
the Trail and Right of Way and its improvements and betterments, and (5) access to the Trail (“License”),
as well as miscellaneous terms.

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Page 67 of 157

AGREEMENT
THEREFORE, in consideration of the foregoing recitals, which by this reference are incorporated
into this Agreement, and the following terms and conditions, the Parties agree as follows:
A. Work.
1. Scope of the Work. UDOT is solely responsible for the Work, which is outlined in the Scope
of Work(s) (attached as Exhibit B).
2. Roles and Responsibilities Concerning the Work.
a. UDOT. UDOT will use the Funding outlined in Paragraph C to engage in its standard
Design-Bid-Build process (“DBB”) to complete the Work, which includes UDOT
retaining consultants/contractors to design and construct the trail, and UDOT
overseeing the Work.
Parties acknowledge that UDOT will enter into a separate agreement with one or
multiple consultant(s)/contractor(s) (“Contract(s)”) to perform and complete the Work.
Upon request by the Local Agency, UDOT shall disclose to the Local Agency
documents in the Contract(s) that are relevant to the Work, including detailed plans
or technical specifications, subject to any applicable provisions under the
Government Records Access and Management Act (“GRAMA”), Utah Code § 63g-2101 et. seq.
b. Local Agency. The Local Agency shall assign a Local Project Manager to:
i. Act as the single representative of the Local Agency to coordinate with
UDOT throughout the Project, as needed, including, but not limited to: (1)
informing UDOT of any information that might affect the Work, (2) ensuring
that the Local Agency will continuously uphold its responsibilities under this
Agreement, and (3) apprising the Local Agency’s councils, commissioners,
committees, or residents of any significant updates on the Work.
ii. Ensure any Local Agency funding contributions are successfully transferred
to the Project in the timeframes specified in Section C of this Agreement.
3. Temporary Construction Easement (“TCE”). Parties agree UDOT requires a TCE in UDOT’s
name for the Work, which shall be executed between the Parties in a separate instrument.
4. Final Acceptance. Parties agree that Final Acceptance of the Work is to be consistent with
any final acceptance terms set forth in the Scope of Work.
Upon Final Acceptance of the Work, the Work is deemed to be completed. At this time, Local
Agency releases UDOT and its employees, agents, contractors, and consultants from all
claims and losses of every kind (including, but not limited to, claims, demands, damages,
liabilities, liens, and suits, whether or not involving negligence) that are in any way connected
with or arise from the Work.
B. Ownership of Land and Improvements.
1.
Ownership of Land. For any Trail segments constructed within existing UDOT Right of
Way, UDOT shall retain ownership of this Right of Way and the land on which the Trail is
built. For any Trail segments constructed on Local Agency Right of Way, the Local Agency
shall retain ownership of this Right of Way and the land on which the Trail is built.
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If the acquisition of Right of Way is required to construct the Trail, and is adjacent to existing
UDOT Right of Way, then UDOT will own this newly acquired Right of Way. If the newly
acquired Right of Way is not adjacent to existing UDOT Right of Way, then it shall be
transferred to the Local Agency to own in fee title.
UDOT has no obligation to commence Work for the Trail until such ownership has been
established.
2. Ownership of the Improvement. Upon completion of the Work for the Trail, The Local Agency
shall own the Trail improvements and carry out the Operations and Maintenance
responsibilities contemplated in Section D of this Agreement until such time when UDOT
formally adopts the Trail into the UTN.
“Formal adoption” (otherwise stated in this Agreement as “formally adopt”) means, for the
purposes of this Agreement, UDOT undergoing the process or taking the necessary action(s),
whether authorized or required in statute or in administrative code, to incorporate the Trail
into the UTN. Parties acknowledge that UDOT has yet to determine all specific details and
procedures of formal adoption, but Parties agree that formal adoption must entail, but is not
limited to, the following actions:
a. UDOT providing the Local Agency six (6) months’ advance written notice of UDOT formally
adopting the Trail into the UTN, and allowing the Local Agency to provide written comments
to UDOT concerning the Trail during that six (6) month period;
b. The Local Agency transferring a perpetual easement for the Right of Way in consideration
of UDOT’s investment of Funding to construct the Trail, the form of which is attached as
Exhibit C to this Agreement (“Perpetual Easement”). Parties further agree that the terms in
this Perpetual Easement are material terms negotiated and agreed upon by both Parties at
the execution of this Agreement, and that the Perpetual Easement may not be modified
unless approved, in writing, by UDOT.
c. The Parties renegotiating the provisions in Section D, Operations and Maintenance, and
promptly executing a separate agreement following those negotiations without unreasonable
delay.
UDOT’s rights in this paragraph shall survive the expiration or termination of this
Agreement.

C. Funding.
1. Funding Contributions. As part of the Program, no Local Match amount is required from
the Local Agency, but the Local Agency may contribute funds to the Work on a voluntary
basis. Local Agency may not contribute additional funds to the Work, including nonUDOT administered State funding, local funding, county funding, and federal funding
unless approved by UDOT in writing.
If the Local Agency agrees to contribute funds to completing the Work, that contribution(s)
is shown in the table in paragraph C.2. If there is such a contribution, then the Local Agency
shall transfer such funds described in the table in paragraph C.2. to UDOT (as a lump sum)
in the form of a check or money order upon the execution of this Agreement.

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2.
Fund

Prior

FY 202X

Total

State Aid

Other

Percent

UDOT
(ST_ATIF)

$397,166.42

$9,602,833.58

$10,000,000.00

100%

Local
Agency

Total

$397,166.42

$9,602,833.58

$10,000,000.00

100%

3. Payment Application and Reimbursement of Excess Funds.
In the event the Local Agency contributes funds to completing the Work, as contemplated
in the above paragraph C.2., then UDOT will exhaust those funds first before it applies
any UDOT (ST_ATIF) funds to completing the Work. If UDOT determines additional
funding is required then UDOT may secure and add funding as needed from internal
sources, subject to approval by the Utah Transportation Commission. In the event UDOT
cannot secure additional funding for the Work, then UDOT may reduce the Scope of
Work, or cancel the Work in its entirety.
4. Quarterly Statements. If the Local Agency has contributed funds pursuant to paragraph
C.1., then the Local Agency may request the UDOT Comptroller’s Office to provide the
Local Agency with a quarterly statement reflecting a cost summary for the Work.
5. Betterments. This Agreement and the funds detailed in the table in C.2. only apply to the
work approved as part of the Project. Betterments or other work not detailed in Section A
shall not be paid for with the Project Funding. Parties agree to execute a separate
agreement for any proposed betterments, including standards and specifications for
those betterments and the funding thereof. In any such agreement, and unless specified
otherwise in the Scope of Work, UDOT shall not own any betterments and shall not be
responsible for any of their associated costs.
D. Operations and Maintenance.
1. General Terms. After completion of the Work, the Local Agency agrees to keep the Trail
in a good, proper, and safe condition for use by the public and to perform all maintenance
work in connection with the Trail, including, but not limited to, maintenance, ongoing or
otherwise, as specified in this paragraph D.1., and in the Maintenance Activities provision
in paragraph D.2.
Parties acknowledge that the Local Agency is solely responsible for funding any of the
maintenance activities it performs on the Trail, including those required under this
Agreement. If the Local Agency fails to perform the maintenance activities as
contemplated in this Agreement or in the Maintenance Activities provision in paragraph
D.2, then those maintenance activities are considered delinquent, and UDOT may
compel the Local Agency to cure those delinquent maintenance activities within thirty (30)
days of UDOT notifying the Local Agency. If the Local Agency fails to cure the delinquent
maintenance activities within that thirty (30) day period, then Local Agency agrees that
UDOT may enter the ROW and perform the work through its employees, agents,
contractors, and/or consultants. In this instance, once UDOT or its employees, agents,
contractors, and/or consultants have completed that work, UDOT shall submit to the
Local Project Manager an invoice of the total actual costs of performing the work. The

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Local Agency shall reimburse UDOT for those costs within thirty (30) days of receiving
the invoice, in one lump sum.
The Local Agency is responsible for ensuring the Trail is in good, usable condition, yearround, seven days/week, and at all hours of the day. “Good, usable condition” for the
purposes of this Agreement means the Trail is unimpeded, accessible, and fully capable
of accommodating pedestrian travel, including foot traffic, bicycles, wheelchairs, and any
other mobility device under the Americans with Disabilities Act. Parties acknowledge that
adverse weather events or other acts of God might create obstacles on the Trail or in its
direct vicinity, or destroy sections of the Trail, thus preventing the Trail from being in
good, usable condition. In this instance, the Local Agency agrees to rectify any such
impediments as soon as reasonably possible. The Local Agency is solely responsible for
such rectification efforts, including costs.
Adverse weather or acts of God notwithstanding, Parties acknowledge that the Trail
might at times fall into disrepair or be in need of reconstruction. The Local Agency agrees
to perform all activities required to repair or reconstruct the Trail.
In the event of the interest in the Trail reverting to UDOT, as outlined in Paragraph B.2 of
this Agreement, Parties agree UDOT may assume any or all of the rights and
responsibilities outlined in Section D.1 and D.2 of this Agreement. However, the Local
Agency will continue responsibilities outlined in D.3.
The Parties agree that for as long as the Local Agency is obligated to perform operations
and maintenance for the Trail and its Right-of-Way, the Local Agency shall have access
for that purpose under the License stated in Section E of this Agreement.
2. Maintenance Activities. The Local Agency is responsible for ensuring, at minimum, the
following maintenance activities:
-

Weed/Vegetation Control: As needed, mow vegetation directly adjacent to the Trail.
Perform weed/vegetation mitigation in areas that directly impact Trail users.

Pavement/Crack Sealing: Ensure that the Trail surface pavement is in good, usable
condition. Includes periodic preservation of pavement material using seal coats.
Mitigate any expansion cracking of Trail surface material with crack seal compound
as needed.

Erosion Control: Repair any erosion of shouldering material, or any other material
that supports the Trail surface material. Sweep/remove any silt or sediment material
from Trail surface, as needed, that might interfere with Trail users.

Signing and Striping: Keep all signage and striping in good condition as both
roadway striping and trail interaction is a critical element of trail safety and
management. Properly design crossings and striping can significantly reduce the risk
of accidents and enhance the overall safety of trail users.

Snow Removal: Maintenance should be consistent with Local's existing snow
removal policies and procedures for existing active transportation facilities.

3. Operational Activities. The Local Agency further agrees that it is solely responsible for
providing any necessary security or safety measures on the Trail, including, but not
limited to, law enforcement patrol of the Trail, litter control, removing homeless, and other
civil and criminal matters.
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E. License.
1. Subject to terms stated elsewhere in this Agreement, the Local Agency and UDOT each
hereby provide to each other, their employees, agents, contractors, and/or consultants a
non-exclusive license to enter onto and use the Trail Right of Way for purposes
authorized under this Agreement.
UDOT’s rights in this paragraph shall survive the expiration or termination of this
Agreement.
F. Miscellaneous Terms.
1. Termination. Prior to completion of the Work, UDOT may terminate this Agreement, or
any portion hereof, at its convenience and upon written notice to the Local Project
Manager.
After completion of the Work, UDOT may terminate this Agreement, or any portion
hereof, at its convenience and upon written notice to the Local Project Manager, if any of
the following occur:
a) The Trail is abandoned for a period of at least six (6) months. ‘Abandoned’ for
the purposes of this Agreement means being in a state of desertion, general
neglect, or disrepair, or being relinquished of all activities necessary for
continuous Trail operation; or
b) The Local Agency fails to perform any obligations stated in this Agreement and
fails to cure that default within ninety (90) days following receipt of written
notice issued by UDOT; provided, however, that if the obligation is not
something that can be reasonably performed within ninety (90) days of the
written notice, UDOT may provide a reasonable additional extension of time
within which the Local Agency may perform the obligation.
2. Encumbrances, Right of First Refusal. The Local Agency may not allow a lease,
encumbrance, or any other interest to be placed on the Trail, and it shall hold the Trail
free from such interests.
The Local Agency agrees that if it should ever be dissolved or become unable to perform
its obligations under this Agreement, it will transfer its interests and obligations under this
Agreement to another political subdivision of the State of Utah that is acceptable to
UDOT and is capable of fully performing this Agreement.
Should the Local Agency ever intend to sell, exchange, dispose or transfer to a third party
the Trail and/or the Right of Way, then it agrees to provide UDOT with the option to
acquire the Trail and/or Right of Way from the Local Agency. The Local Agency must
notify UDOT of this option within a reasonable time after the Local Agency decides to
dispose of the property. The Local Agency agrees to provide UDOT with no less than 12
months to exercise UDOT’s option to acquire the property from the Local Agency. Parties
agree that any transaction between the Local Agency and UDOT in this circumstance will
comply with applicable state requirements, including those set forth in the Rights-of-Way
Act, Title 72, Chapter 5, and Utah Administrative Code R933-1.
The provisions in this paragraph shall survive the expiration or termination of this
Agreement.
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3. Ability to Enter into and Perform Agreement. Parties hereby represent that each party has
the power and authority necessary to sign this Agreement and to perform all of their
obligations under this Agreement as a public entity.
4. Indemnity. UDOT and the Local Agency are both governmental entities subject to the
Governmental Immunity Act. Each party agrees to indemnify, defend and save
harmless the other from and against all claims, suits and costs, including attorneys’
fees for injury or damage of any kind, arising out the negligent acts, errors or
omissions of the indemnifying party’s officers, agents, contractors or employees in the
performance of this Agreement. Nothing in this paragraph is intended to create
additional rights to third parties or to waive any provision of the Governmental
Immunity Act. The obligation to indemnify is limited to the dollar amounts set forth in
the Governmental Immunity Act, provided the Act applies to the action or omission
giving rise to the protections in this paragraph. The indemnification in this paragraph
shall survive the expiration or termination of this Agreement.
5. Insurance. Each party agrees to require its contractors and consultants working in
connection with this Agreement, to maintain insurance in amounts reasonably sufficient
to pay for the contractor’s or consultant’s negligent acts or omissions.
6. Term. The initial term of this Agreement will be ten (10) years. At the end of the ten (10)
year period, this Agreement will be automatically renewed by five (5) year increments
unless terminated in accordance with any termination provision contemplated in this
Agreement.
7. Miscellaneous.
a) Notice. Any Party may give a written notice under this Agreement by delivering
it to the following physical address (an email may be used in addition as a
courtesy), and notice is effective upon delivery when delivered by hand or by
overnight delivery service with confirmation of delivery (or, if placed in the U.S.
mail, notice is effective three days after such notice receives a postmark):
To UDOT:

To Local Agency:

UDOT
4501 South 2700 West
Box 143600
Salt Lake City, UT 84114
Attention: Eduardo Miranda

Add City Information

With a copy to:
Assistant Attorney General (UDOT)
4501 South 2700 West
Box 143600
Salt Lake City, UT 84114
b) Duty to Comply. The parties agree to undertake and perform all further acts
that are reasonably necessary (except when expressly prohibited by law) to
carry out the intent and purpose of the Agreement and to assist UDOT with
maintaining compliance with the legal requirements applicable to UDOT after
receiving a written notice that explains the need for such action.
7 of 9

Page 73 of 157

c) Waiver. No part of this Agreement may be waived, whether by a party’s failure
to insist on strict performance of this Agreement or otherwise, except in a
writing signed by an authorized representative of the party waiving. Neither
party may assign or delegate this Agreement and actions required by it without
the other party’s prior written authorization, and any purported assignment or
delegation to the contrary is void. This Agreement does not create any agency,
joint venture, partnership, or other relationship among the parties, and it is
intended only for the parties hereto and does not create any third-party
beneficiaries. This Agreement is governed by Utah law without reference to
choice or conflict of law provisions. Jurisdiction for any judicial action brought in
connection with this Agreement shall be brought in a court in Salt Lake County,
Utah, and ALL PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR
RIGHTS TO A JURY TRIAL. Time is of the essence. This Agreement (or, if any
part hereof is invalidated by law, this Agreement’s remaining provisions) shall
be construed to enforce its terms to the fullest extent allowed under applicable
law to give effect to the intent of the parties. This Agreement will not be
construed under an assumption to interpret it against a drafter. Before taking
any legal action in connection with this Agreement, each party agrees to first
advise the other of a dispute and to meet to discuss it in good faith in an effort
to resolve it. All remedies in this Agreement are cumulative and nonexclusive,
they survive a termination of this Agreement, and they do not limit any other
remedies available to the parties. Nothing in this Agreement shall be construed
to limit UDOT’s governmental powers and authority. This Agreement may only
be amended in a written document that is signed by an authorized
representative of each party. This is the entire agreement of the parties with
respect to the subject matter hereof and it shall supersede all prior
negotiations, understandings, and agreements with respect to such subject
matter. Each party warrants that all of its representatives who are necessary to
make this Agreement fully binding against the party (and its successors and
assigns, if any) have signed below with the party’s authorization, and that this
Agreement’s terms do not violate laws, contracts, or commitments that apply to
the party. This Agreement may be signed in counterparts and signed
electronically.
IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the date first set
forth herein. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument. Signatures
delivered by electronic means, including PDF or other reliable digital format, shall be deemed to have the
same legal effect as delivery of an original signed copy.
RECOMMENDED FOR APPROVAL
By:______________________________________
Title: Region Project Manager, ************
Date:____________________________________

UTAH DEPARTMENT OF TRANSPORTATION
By: ______________________________________
Title: UDOT Region Director, *************
8 of 9

Page 74 of 157

Date:____________________________________
UTAH COMPTROLLER’S OFFICE
By:______________________________________
Title: Contract Administrator, **********
Date: _______________________________

************Millcreek City*********************
By:______________________________________
Title: ____________________________________
Date: ____________________________________
Approved as to form: ________________________
Attest (Recorder):
_________________________________________

************South Salt Lake City*********************
By:______________________________________
Title: ____________________________________
Date: ____________________________________
Approved as to form: ________________________
Attest (Recorder):
_________________________________________

9 of 9

Page 75 of 157

State of Utah
Department of Transportation
Active Transportation
Cooperative Agreement

Local Agency(ies):
Millcreek and South Salt Lake City

Date Executed:

(Exhibit A)

PIN: 21908
CID: 74844
Project #: S-TR02(4)

Project Location.

The 3900 South Trail is located between the Jordan River and West Temple. The trail is located
in Salt Lake County. The northern segment is located on the north side of 3900 South in South
Salt Lake between the Jordan River and Carlisle Park Lane and also between 300 West and UTA
TRAX. The southern segment is located between the Jordan River and West Temple in
Millcreek. It crosses the following intersections 700 West, 500 West, 300 West, Howick Street,
and West Temple. It passes over I-15 and UTA/UPRR rail lines on existing roadway structures.
Both the northern and southern segments cross UTA TRAX.
The project will be built mostly within the existing Right-of-Way that is owned by the cities.
This is not located on UDOT ROW. This project does not cross over the Jordan River and does
not include any ROW from the Jordan River Parkway or County Park.
Project Map.
See Attached Map.

Page 76 of 157

Howick Street

300 West

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Carlisle Park Lane

Page 77 of 157

State of Utah
Department of Transportation
Active Transportation
Cooperative Agreement

Local Agency(ies):
Millcreek and South Salt Lake City

Date Executed:

(Exhibit B)

PIN: 21908
CID: 74844
Project #: S-TR02(4)

Scope of Work.
The project scope is to add a shared-use path along the south side of the 3900 South in an east-west
direction. It western terminus will be east of the Jordan River and east terminus West Temple. The trail
will connect ot other multi-modal facilities including TRAX, UTA bus routes/stations, and other Bike route
connections.
Other scope items:
● Connections to the Jordan River Trail on the north and south side of 3900 South
● Intersection improvements at 1 unsignalized intersection and 3 signalized intersections
● TRAX crossing improvements for accommodating all trail users on the north and south sides of
3900 S
● Connections to existing bicycle and pedestrian facilities that include 1 regional trail and 4 onstreet bikeways
● Existing asphalt resurfaced with micro-surfacing
● The curb and gutter are being moved into the roadway to facilitate a shared-use path within the
existing ROW. Requires a reduction in shoulders and lane widths. Roadway to maintain the
existing number of lanes
● Roadway reconstruction is limited to tie-in improvements and moving the curb and gutter
● The existing railroad bridge will have 6” of asphalt and concrete raised median removed, pothole
patching of the deck will be completed as needed, and new surfacing will be added
● Bus stops are being consolidated and relocated in coordination with UTA
● A shared-use path connection at 900 West
● Integration with the 700 West reconstruction project to ensure minimal rework between projects
● Way-finding signage
● 3rd party utility impacts through franchise agreements
Does not include:
● New Highway/Trail Lighting is not included
● New storm drain trunk lines are not included
● New landscaping improvements. The project will restore what is impacted through the cost to
cure.
● Any bridge work over the Jordan River

Page 78 of 157

WHEN RECORDED, MAIL TO:
Utah Department of Transportation
Right of Way, Fourth Floor
Box 148420
Salt Lake City, Utah 84114-8420
WITH A COPY TO:
Name
Address
City, Utah ZipCode

Perpetual Easement
Salt Lake County

Tax ID No. TBD
PIN No. TBD
Project No. TBD
Parcel No. TBD
Grantor’s Name, Grantor, of

City , County of

County’s name , State of

Utah ,

hereby conveys and warrants to t h e U t a h D e p a r t m e n t o f T r a n s p o r t a t i o n ,
an agency of the State of Utah, Grantee, its successors and assigns, for the sum of XX
($XX.00) Dollars , and other good and valuable considerations, the following described
easement in County’s Name County, State of Utah, to-wit:
A Perpetual Easement and right of way within the area whose boundaries are described below,
which is located upon the following tract of property situate in Salt Lake County: [insert address
delineation for city’s entire road right of way, e.g., 3300 S and 2100 E to … ]. This Perpetual
Easement is granted for the following purposes: maintenance, repair, alteration, inspection,
and use of a public pedestrian and bicycle trail, and Grantee’s ownership of any improvements
thereon.
The boundaries of said easement are described as follows:
[Legal Description]

Continued on Page 2
TRUSTEE RW-09T (12-01-03)

Page 79 of 157

Page 2

PIN No. TBD
Project No. TBD
Parcel No. TBD

as shown on the official map of said project on file in the office of the Utah Department of
Transportation.
The above-described easement contains x,xxx square feet in area or yyyy acre.
Grantor hereby declares and covenants that the general public shall have regular access to
the Perpetual Easement area for the purpose of walking, jogging, running, bicycling, and
similar activities, but excluding any motorized vehicles except as authorized by Grantee for
maintenance, management, police, and/or emergency purposes.
Grantee shall have the right to regulate public access to, and activities within, the Perpetual
Easement area, and shall further have the right to require Grantor to keep the Perpetual
Easement Area free from obstructions which prevent reasonable public access to and
along the Perpetual Easement area.
At no time shall Grantor, its successors, licensees, lessees, contractors or assigns or their
agents or employees erect or permit to be erected any building or structure of any kind or
plant or permit to be planted any deep root tree, or change or permit to be changed the
contour of the property within the boundaries of said Perpetual Easement without the prior
written consent of Grantee.

This right-of-way and easement grant shall run with the land.

Continued on Page 3
TRUSTEE RW-09T (12-01-03)

Page 80 of 157

Page 3

PIN No. TBD
Project No. TBD
Parcel No. TBD

Grantor warrants that it has sole title to the easement property, has not conveyed,
transferred or sold any portion of the easement property, and that no liens or other
encumbrances exist against the easement property.
Grantor shall not use said premises for any use that interferes with the facilities installed
by Grantee.
This easement is governed by the rules and regulations applicable to the Utah Trail
Network.

STATE OF

)
) ss.
)

COUNTY OF

Grantor’s Name

Grantor’s Name
On this

day of

, in the year 20

, before me personally appeared
,
who
by
me
being
duly
sworn/affirmed,
that
he/she
is
the
,
and
that
said
document
was
signed
by
him/her
on
behalf
of
Grantor’s Name / Trustee who, acknowledged to me that they signed the within and
foregoing instrument in accordance with the authority as Trustees given under the
instrument creating said Trust.

Notary Public

Prepared by JMC 02/12/2025 (Horrocks)

06P

TRUSTEE RW-09T (12-01-03)

Page 81 of 157

Tax ID No. TBD
PIN No. TBD
Project No. TBD

Page 82 of 157

MILLCREEK, UTAH
RESOLUTION NO. 26-07
A RESOLUTION OF THE MILLCREEK COUNCIL ADOPTING THE THIRD
AMENDMENT TO THE MILLCREEK EMPLOYEE HANDBOOK – FOURTH
EDITION
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, approving a resolution to adopt the third amendment to the
“Millcreek Employee Handbook – Fourth Edition”; and
WHEREAS, the Council has determined that it is in the best interest of the inhabitants of
Millcreek to adopt a resolution to adopt the Third Amendment to the “Millcreek Employee
Handbook – Fourth Edition”, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the Third Amendment to the Millcreek
Employee Handbook – Fourth Edition is hereby approved, and the City Manager is hereby directed
to implement the Millcreek Employee Handbook – Fourth Edition and the Council hereby grants
and further gives authority to the HR Director and the City Attorney to correct errors, omissions,
or typos and to make any non-substantive alterations, changes or additions to the Third
Amendment to the Millcreek Employee Handbook – Fourth Edition a copy of which is attached
hereto (designated by interlineating the words to be deleted and underlining the words to be added).
This Resolution, assigned No. 26-07, shall take effect immediately on passage.
PASSED AND APPROVED this 13th day of April 2026.
MILLCREEK COUNCIL
By: ______________________________________
Cheri Jackson, Mayor
ATTEST:
________________________________
Elyse Sullivan, City Recorder

Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

Page 83 of 157

Millcreek Council
Jeff SilvestriniCheri Jackson, Mayor
Silvia Catten, District 1
Thom DeSirant, District 2
Cheri JacksonNicole Handy, District 3
Bev Uipi, District 4

Millcreek City Hall
1330 E Chambers Ave
Millcreek, Utah 84106
801-214-2700
millcreekut.gov

Dear Fellow Millcreeker,
Welcome to one of Utah’s newest cities and a career in public service for an amazing community! Millcreek’s
motto is “Connected by Nature,” and our natural beauty flows from the Wasatch Mountains west to the
Jordan River. But you’ll also find a close-knit community and city employees working hard to facilitate
connections and make this a great place to live, work, and play.
Having just incorporated a few short years ago, we’ve been fortunate to hand-pick a “Dream Team” from
scratch-including YOU! Millcreek needs your energy, talents, and positive attitude to help build a truly
magical municipal organization. I’m glad you are here to enhance our entrepreneurial vibe.
Here our vision is “Innovating Ways to Serve Our Community” and we look forward to seeing how you bring
your creativity to solve problems, provide outstanding customer service, and look for ways to strengthen the
community of Millcreek. Our culture is fast-moving, nimble, and responsive. But we also expect hard work,
dedication, and high standards. We put a lot of trust in our team, and if you are fair with Millcreek, Millcreek
will always be fair with you.
Here we encourage each other to “Play to Win,” and we expect big things. Our culture is fast-moving, nimble,
and responsive. But we also expect hard work, dedication, and excellent customer service. We put a lot of
trust in our team, and if you are fair with Millcreek, Millcreek will always be fair with you.
The policies in this handbook are here to help you do your job effectively and efficiently. Please take time to
read and understand them and refer back to this book often. Any questions along the way? I’m here for you
and so is your Department Head, and also Human Resources. We can’t wait to help you thrive and soar at
Millcreek!
All the best,

Millcreek Employee Handbook

Page 2 of 102

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3. The City Manager or designee shall be the final interpreter of the provisions of the Handbook as
applied to all City employees.

MILLCREEK VISION STATEMENT
The City is a diverse community where residents and businesses are empowered to respectfully engage and
interact with each other in governance and volunteerism to maintain a fiscally responsible, environmentally
sustainable city that provides a “welcome home” feeling to everyone – past, present, and future.
Innovating ways to serve our community.
MILLCREEK MOTTO MISSION STATEMENT
Connected by Nature. Millcreek provides superior, responsive municipal governance and services in a
fiscally conservative and responsible manner, sustaining and improving the City's residents' and
stakeholders' quality of life.

EMPLOYEE SERVICE VALUES
•
•
•
•
•

Listen to Understand
Be Respectful to All
Be Innovative and Invested
Do What You Say You’ll Do
Play to Win and Have Fun!

Millcreek Employee Handbook

Page 10 of 102

Page 85 of 157

•

If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls
on a Sunday, it shall be observed the following Monday or as designated by the City
Manager.

•

Regular full-timeHourly employees, appointed statutory positions, and department heads
shall receive a total of one hundred four (104) hours of holiday leave annually, equivalent to
eight (8) hours each recognized holiday. Employees assigned to alternative work schedules
(e.g., four ten-hour days or flex Friday schedules) who are scheduled to work more than eight
(8) hours on a holiday must adjust their work schedule within the same workweek, subject to
supervisor approval, or use accrued personal time off (PTO) or comp time to cover the
additional hours.

•

Employees who are not normally scheduled to work on a holiday shall be allowed to use
accrued holiday hours on a floating basis within two (2) pay periods of when the holiday
falls. Holiday leave used on a floating basis shall be requested and pre-approved by the
employee’s supervisor and must be taken in full-day increments; partial-day use is not
permitted.

•

Employees scheduled to work on a holiday shall be allowed to use accrued holiday hours on
a floating basis within two (2) pay periods of when the holiday falls. Holiday leave used on a
floating basis shall be requested and pre-approved by the employee’s supervisor and must be
taken in full-day increments; partial-day use is not permitted.

•

Employees do not receive holiday leave when taking leave without pay.

•

Regular part-time employees are eligible for prorated holiday leave.

•

Non-benefited employees are not eligible for holiday leave.

3. Caregiver Leave - Full-time employees may request a maximum of 80 hours of paid caregiver
leave each rolling year for situations related to certain caregiving reasons, such as:
•

To care for the employee’s child after birth or through adoption or foster care.

•

To care for an employee’s immediate family member with a serious health condition such as
an illness, injury, impairment, or physical or mental condition that involves inpatient care or
continuing treatment by a health care provider.
o Treatment includes (but is not limited to) examinations to determine if a serious health
condition exists and evaluations of the condition. It does not include routine physical,
eye, or dental examinations. Continuing treatment by a health care provider includes
conditions with short-term, chronic, long-term, or permanent periods of incapacity.

Millcreek Employee Handbook

Page 29 of 102

Page 86 of 157

o Inpatient care means an overnight stay in a hospital, hospice, or residential medical care
facility, including any period of incapacity or subsequent treatment in connection with
such inpatient care.
o Immediate family means the following relatives of the employee (including in-laws or
step-relatives) unless otherwise approved by the City Manager: spouse, parents,
siblings, children, grandparents, and grandchildren.
•

To recover after voluntary organ donation.

•

Employees should request caregiver leave in writing to their Department Head and Human
Resources at least 30 days before foreseeable events or as soon as practical for
unforeseeable events.

•

The City will request documentation to verify the need for caregiver leave.

•

Caregiver leave may be taken intermittently.

•

Caregiver leave may be taken during an employee’s probationary period; however, the
probationary period shall be extended by the amount of time equivalent to the amount of
caregiver leave taken.

•

Caregiver leave is not charged against accrued PTO.

•

Regular part-time employees are eligible for prorated caregiver leave.

•

Non-benefited employees are not eligible for caregiver leave.

•

The purpose of caregiver leave is for situations related to certain immediate family
caregiving reasons. Employees who abuse this benefit may be subject to discipline up to and
including termination.

4. Bereavement/Funeral Leave— Bereavement/Funeral Leave is a type of leave granted to
employees following the death of a loved one, allowing them time to grieve, attend funerals, and
manage related responsibilities. Employees shall receive up to three (3) working days of
bereavement/funeral leave each occurrence with pay following the death of a member of the
employee’s immediate family.
•

Immediate family means the following relatives of the employee or spouse (including in-laws
or step-relatives): spouse, parents, siblings, children (including stillborn or miscarriage, Utah
Code Ann. §10-3-1103), all levels of grandparents, or all levels of grandchildren.

•

The employee's supervisor may grant up to five (5) hours of bereavement/funeral leave for
non-immediate family members.

Millcreek Employee Handbook

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13. Privacy Program Policy - This policy documents Millcreek’s (“City”) privacy program, which includes
City policies, practices, and procedures for processing personal data in accordance with applicable
law and aligns with the records management and data governance requirements set forth in the
Government Records Access and Management Act (GRAMA) and Data Access Request Service
(DARS). Where applicable, this policy will refer to a more specific or detailed policy, procedure, or
guidance that addresses a particular practice that the City has developed.
Guiding Principles - This policy consolidates privacy practices, outlines governance roles and
responsibilities, and ensures compliance with generally applicable records management, data
protection, and data privacy obligations. It is designed to safeguard individual privacy rights,
promote transparency, maintain the integrity and security of personal data, and ensure
accountability across the City. This policy is intended to further align the City with the State Data
Privacy Policy, as detailed in applicable law.

Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"

Formatted: Indent: Left: 0.5"

Scope - This policy applies to all City departments and employees involved in the management,
creation, and maintenance of records or who have access to personal data as part of their job
duties. This policy also applies to all City contractors who process or have access to personal data
as part of their duties under an agreement with the City, in accordance with applicable law.
Definitions
•

"Classification," "classify," and their derivative forms mean determining whether a record
series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under applicable law.

Formatted: Font: 12 pt

•

“Cookie” means “Technology that records a user’s information and activity when the user
accesses websites. Cookies are used by website owners, third parties, and sometimes threat
actors to gather user data.”

Formatted: Font: 12 pt

•

“Data breach" means— the unauthorized access, acquisition, disclosure, loss of access, or
destruction of personal data held by a governmental entity, unless the governmental entity
concludes, according to standards established by the Cyber Center, that there is a low
probability that personal data has been compromised.”

•

"Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority
of records in a record series would be given if classified and the classification that other
records typically present in the record series would be given if classified.

•

“Device fingerprinting” means collecting attributes of a user's device configurations to
create a trackable profile for the device.

Millcreek Employee Handbook

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Formatted: Indent: Left: 0.75"

Page 88 of 157

•

"Individual" means a human being.

•

“Key logger” means “a program designed to record which keys are pressed on a computer
keyboard...”

•

“Personal data" means information that is linked or can be reasonably linked to an identified
individual or an identifiable individual.

•

“Processing activity" means any operation or set of operations performed on personal data,
including collection, recording, organization, structuring, storage, adaptation, alteration,
access, retrieval, consultation, use, disclosure by transmission, transfer, dissemination,
alignment, combination, restriction, erasure, or destruction.

•

“Record” means the same as that term is defined at Utah Code § 63G-2-103(25).

Formatted: Font: 12 pt

•

"Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.

Formatted: Font: 12 pt

•

"Records officer" means the individual appointed by the chief administrative officer of each
governmental entity, or the political subdivision, to work with state archives in the care,
maintenance, scheduling, designation, classification, disposal, and preservation of records.

•

"Schedule," "scheduling," and their derivatives mean the process of specifying the length of
time each record series should be retained by a governmental entity for administrative, legal,
fiscal, or historical purposes, and the time when each record series should be transferred to
the state archives or destroyed.

Formatted: Font: 12 pt

Governance

Formatted: Indent: Left: 0.5"

•

Chief Administrative Officers (CAOs)

Formatted: Indent: Left: 0.75"

o The City shall designate one or more individuals to serve as the City's chief
administrative officer (CAO) in fulfilling the duties outlined in applicable law.

Formatted: Indent: Left: 1"

o The City may assign responsibility for the duties outlined in Utah Code § 63A-12-103 to
one or among several CAOs as the City sees fit.
o The designation of the CAO(s) shall be reported to the Utah Division of Archives and
Records Services (“Archives”) within 30 days of the designation.
o If responsibility for the duties outlined in Utah Code § 63A-12-103 is divided between
more than one CAO, such specification should be reported to the Archives along with
the designation.
o The designation of, and the responsibilities assigned to, a CAO shall be reviewed and
confirmed by the City annually.

Millcreek Employee Handbook

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•

Appointed Records Officers (AROs)

Formatted: Indent: Left: 0.75"

o Designated CAO(s) shall appoint one or more individuals to serve as records officers in
fulfilling the duties of working with Archives and the Office of Data Privacy in the care,
maintenance, scheduling, disposal, classification, designation, access, privacy, and
preservation of records.

Formatted: Indent: Left: 1"

o A designated CAO may assign responsibility for the duties of appointed records officers
to one or among several officers as the CAO deems appropriate.
o The appointment of records officers shall be reported to the Archives within 30 days of
the appointment.
o If responsibility for the duties of appointed records officers is divided between more
than one officer, such specification should be reported to Archives along with the
appointment.
o The appointment of a records officer and the responsibilities assigned to them shall be
reviewed and confirmed by the City annually.
Record Series
•

Formatted: Indent: Left: 0.5"

Records and Records Series

Formatted: Indent: Left: 0.75"

o The City shall create and maintain records and record series in accordance with the
requirements of DARS and GRAMA, as well as related guidance issued by Archives.

Formatted: Indent: Left: 1.25"

o The City shall appropriately designate and classify records and record series in
accordance with the requirements of DARS and GRAMA.
o CAO(s) shall be responsible for submitting a proposed retention schedule for each
type of material defined as a record under GRAMA to the state archivist for review
and final approval by the Records Management Committee (RMC).
o Upon RMC approval, the City shall maintain and dispose of records in strict
accordance with the approved retention schedule. In instances where the City has
not received an approved retention schedule for a specific type of record, the general
retention schedule maintained by the state archivist shall govern the retention and
disposition of those records.
•

Record Series Privacy Annotation

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o The City shall perform a privacy annotation for each record series that contains
personal data, in accordance with applicable law.
Privacy annotations shall include:

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▪

the legal authority under which personal data is processed;

Formatted: Font: 12 pt

▪

the purposes and uses for the personal data; and

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▪

the types of personal data that may be processed within the record series.

o Privacy annotations shall be conducted and reported in accordance with the
additional requirements set forth in an administrative rule issued by the Archives.
Awareness & Training
•

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Formatted: Indent: Left: 0.5"

City Data Privacy Training

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o The CAO shall ensure that all employees who have access to personal data as part
of their work duties complete a data privacy training program within 30 days of
beginning employment and at least once each calendar year.

Formatted: Indent: Left: 1.25"

o The CAO is responsible for monitoring the completion of data privacy training by City
employees.
•

Agency-Specific Training

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o In addition to general privacy awareness training, agencies may create and require
employees to complete agency-specific privacy training tailored to the agency's
unique privacy needs, practices, and requirements.
•

Appointed Records Officer Training and Certification

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o The City shall ensure that all appointed records officers complete online training on
GRAMA provisions annually.

Formatted: Indent: Left: 1.25"

o The CAO shall, annually, review and confirm the certification status of all appointed
records officers.
o GRAMA Access AROs: AROs who handle GRAMA transparency responsibilities are
required to complete the GRAMA transparency training
o Records Management and Privacy AROs: AROs specializing in records management
or privacy must complete both records management and GRAMA transparency
training and obtain the corresponding certifications.
Identify
•

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Inventorying

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o The City shall maintain a comprehensive inventory of:

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▪

All IT systems that may process state or federal data the state owns or is
responsible for must use the standard process provided by DTS Information
Security Policy 5000-0002.

▪

All records and record series that contain personal data, and the types of
personal data included in the records and record series.

▪

All processing activities, the inventory of which shall include:
- Non-compliant processing activities that were implemented prior
to May 1, 2025, and a prepared strategy for bringing the noncompliant processing activity into compliance by no later than July
1, 2027; and

Formatted: Indent: Left: 1.75"

Formatted: Font: 12 pt
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- All processing activities implemented after December 31, 2025,
with documentation confirming compliance status.
•

Information Technology Privacy Impact Assessment

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o The City shall ensure that the division completes a Privacy Impact Assessment (PIA)
for all IT systems that may process personal data, prior to the initiation of data
processing in those systems, as required under DTS Information Security Policy
5000-0002.

Formatted: Indent: Left: 1.25"

▪

The City shall use the PIA template approved by the City pursuant to DTS
Information Security Policy 5000-0002.

Formatted: Indent: Left: 1.75"

▪

The City must retain a copy of each completed assessment for four years to
provide audit documentation and ensure accountability in privacy practices.

Transparency
•

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Website Privacy Policy

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o The City shall create and maintain privacy policies required for its websites as
outlined by applicable law.

Formatted: Indent: Left: 1.25"

o The City shall ensure that personal data related to a user of the City’s website is not
collected unless the City’s website complies with applicable law.
•

Privacy Notice - Employees shall collect personal data only if, on the day the personal
data is collected, the City has provided a privacy notice to the individual who is asked
to furnish the personal data that complies with applicable law.

Individual Requests

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•

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o Individuals’ requests to amend or correct their personal data;
o Individual’s requests for an explanation of the purposes and uses of their personal
data; and
o An at-risk government employee requests that access to their personal data be
restricted.
•

The City shall establish a process for public access requests to inspect or copy the City’s
records, excluding requests from individuals to access their personal data.

Formatted: Indent: Left: 0.75"

•

The City will follow established business practices regarding GRAMA.

Formatted: Font: 12 pt

Processing

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•

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Minimum Data Necessary
o The City shall provide that all programs within the City obtain and process only the
minimum amount of personal data reasonably necessary to achieve a specified
purpose efficiently.

Formatted: Indent: Left: 1.25"

o The City shall ensure that all programs within the City regularly review their
collection practices to ensure compliance with the data minimization requirement.
•

Record and Data Sharing or Selling Policy

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o The City will only share or disclose personal data when there is appropriate legal
authority. The sale of personal data is prohibited unless required by law.

Formatted: Indent: Left: 1.25"

o Data sharing must comply with GRAMA or other governing law and may include
sharing with governmental entities, contractors, private providers, or researchers.
Compliance with GRAMA or other governing laws depends on the purpose of the
sharing, the parties involved, and the nature of the records.
o The City will review personal data sharing and selling activities, including the types
of data shared, the legal basis for sharing, and the entities that receive this data.
o All contracts involving personal data must include appropriate privacy protections.
Written agreements for data sharing are recommended to ensure compliance with
applicable laws and regulations.
•

Retention and Disposition of Records Containing Personal Data

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o Employees shall maintain, archive, and dispose of records, including all personal
data, in accordance with an approved retention schedule.

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o Employees shall comply with all other applicable laws and regulations regarding the
retention or disposition of specific personal data.
Information Security
•

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Incident Response

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o The City adopts and follows the DTS Cybersecurity Incident Response Plan to
manage and address all security incidents, including data breaches and privacy
violations.

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o Employees shall report all suspected security incidents, including non-IT incidents
such as unauthorized access to physical records, to the Enterprise Information
Security Office (EISO).
o The City shall ensure compliance with all other applicable laws or regulations
related to incident response and breach notification of specific personal data held
by the City.
•

Breach Notification

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o The City shall provide notice to an individual or the legal guardian of an individual if
the individual’s personal data is affected by a data breach in accordance with
applicable law.

Formatted: Indent: Left: 1.25"

o The City shall notify the Cyber Center and the state attorney general’s office of a
data breach affecting 500 or more individuals in accordance with applicable law. If
the City experiences a data breach affecting fewer than 500 individuals, it will
create and report an internal incident report in accordance with applicable law.
These requirements are in addition to any other reporting requirements required by
applicable law.
o The City is also subject to other breach notification requirements, such as those
required to comply with federal regulations, laws, or other governing requirements
(e.g., HIPAA or 42 CFR Part 2).
Surveillance

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•

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Covert Surveillance
o Employees may not establish, maintain, or use undisclosed or covert surveillance of
individuals unless permitted by law.

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o Employees are responsible for engaging with appropriate leadership for review—
to include legal counsel, where pertinent—of any activity that may be considered
surveillance.
•

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o Cookies - The use of cookies on the City’s websites and digital services must comply
with applicable privacy and security policies. Cookies should be limited to essential
operational purposes, and any use of tracking or third-party cookies for analytics or
similar functions must be disclosed clearly to users, with an option to consent where
required by law.

Formatted: Font: 12 pt

o Device Fingerprinting - Device fingerprinting is prohibited unless explicitly
authorized by the City Manager and where the legal basis or appropriate
justification for such processing is documented in a privacy impact assessment. The
purpose and extent of fingerprinting must be clearly defined, documented, and
disclosed to users in a privacy notice or statement that complies with applicable
legal requirements.

Formatted: Font: 12 pt

o Key Loggers - Key loggers are prohibited without specific authorization from the City
Manager. Keyloggers may be used only when there is a clearly defined operational
need that complies with security standards and legal requirements, and appropriate
user notice is provided where required.

Formatted: Font: 12 pt

o Other Tracking Technologies - The use of other tracking technologies, such as web
beacons, pixel tags, or similar tools, is prohibited unless explicitly authorized by the
CAO, and the legal basis for such tracking is appropriately documented. Disclosure
of these technologies must be included in user-facing privacy statements, with user
consent obtained when required by law.

Formatted: Font: 12 pt

o User Notification and Consent - The City must inform users about the use of tracking
technologies. A clear website privacy statement must explain the types of data
collected, the purpose of the tracking, and how users can manage their preferences
or consent. Any updates to tracking practices must be promptly reflected in the
privacy statement.

Formatted: Font: 12 pt

o Data Security and Retention - Data collected through authorized tracking
technologies must be securely stored and accessible only to authorized personnel.

Formatted: Font: 12 pt

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Retention of this data must comply with approved retention schedules, and the data
should be retained only as long as necessary for the defined operational purpose.
13.14. Artificial Intelligence (AI) Use Policy – This AI use policy applies to all City employees (as
outlined in Section 2-02-1 of this Handbook) who use AI tools in any capacity while conducting
City business. The purpose of this policy is to protect proprietary, confidential, and sensitive
information while ensuring compliance with applicable law and City policy.
Prohibited Use of AI - Employees must not use AI to collect, store, or analyze City data without
proper authorization and security measures. Additionally, employees must not input, upload, or
share any proprietary, confidential, or sensitive information into AI tools, including but not limited
to:
•

Protected, private, and controlled information

•

Personally Identifiable Information (PII)

•

Protected Health Information (PHI)

•

Financial, legal, or contractual data

•

Internal government communications

•

Security protocols or system details

•

Any other non-public information related to City operations

Approved Use of AI
•

Employees may use AI tools for general research, drafting public-facing content, and
brainstorming, but only when no proprietary or sensitive data is involved.

•

The City Manager or designee must review and verify the accuracy of any AI-generated
content before it is used in official City communications.

•

AI tools must not be used to make final decisions or determinations without the approval
of the City Manager or designee.

Compliance and Security
•

When using AI tools, employees must adhere to all applicable laws, regulations, and
cybersecurity best practices.

•

The City Manager or designee shall review and approve any AI tools intended for City
use.

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•

▪

Mileage will be reimbursed at the rate currently authorized by the Internal Revenue
Service (IRS).

▪

All fuel, maintenance, and depreciation
expenses are considered to be included in the
standard mileage rate.

▪

Parking charges, tolls, and other related
expenses will be reimbursed upon presentation
of receipts if incurred for City business travel.

▪

If an employee chooses to drive rather than fly
for out-of-state travel, the City will reimburse
the employee based on the least expensive flight rather than actual mileage.

Expense forms can be found on
the M Drive under Human
Resources ► Personnel
Administration ► Employee
Resources ► Travel

Employee Responsibilities
o Employees are accountable for responsibly operating City vehicles, personal vehicles, or
rentals when traveling for City Business. They must complete and abide by the policies
outlined on the “Driver Responsibility Acknowledgment” form, which can be found on
the City’s M Drive.
o Upon hire, employees who will be driving City vehicles will be required to participate in
virtual defensive driving training. The video and accompanying quiz link can be found on
the City’s M Drive.

2. Travel–Related Expenses—Travel-related costs include travel to and from the business
destination, transportation costs at the business destination, and lodging, meals, or other
incidental expenses. All expenses must be in accordance with departmental budgets.
•

Transportation
o Airfare or other travel arrangements for overnight trips should be made and paid for in
advance via City P-Card or Accounts Payable.
▪

P-Card holders must use the City-issued P-Card for fares and travel expenses, unless
there is a benefit to the City for doing otherwise (e.g., not requiring the City to pay
for checked bags).

o If advance payment is not possible, the City will reimburse the employee for the travel
expenses after receiving appropriate receipts showing that the employee has expended
personal funds.
•

Ground Transportation

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MILLCREEK, UTAH
RESOLUTION NO. 26-08
A RESOLUTION OF THE MILLCREEK COUNCIL ADOPTING THE SECOND
AMENDMENT TO THE MILLCREEK NON-BENEFITED EMPLOYEE HANDBOOK –
FIRST EDITION
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, approving a resolution to adopt the second amendment to the
“Millcreek Non-Benefited Employee Handbook – First Edition”; and
WHEREAS, the Council has determined that it is in the best interest of the inhabitants of
Millcreek to adopt a resolution to adopt the Second Amendment to the “Millcreek Non-Benefited
Employee Handbook – First Edition”, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the Second Amendment to the Millcreek
Non-Benefited Employee Handbook – First Edition is hereby approved, and the City Manager is
hereby directed to implement the Millcreek Non-Benefited Employee Handbook – First Edition
and the Council hereby grants and further gives authority to the HR Director and the City Attorney
to correct errors, omissions, or typos and to make any non-substantive alterations, changes or
additions to the Second Amendment to the Millcreek Non-Benefited Employee Handbook – First
Edition a copy of which is attached hereto (designated by interlineating the words to be deleted
and underlining the words to be added).
This Resolution, assigned No. 26-08, shall take effect immediately on passage.
PASSED AND APPROVED this 13th day of April 2026.
MILLCREEK COUNCIL
By: ______________________________________
Cheri Jackson, Mayor
ATTEST:
________________________________
Elyse Sullivan, City Recorder

Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

Page 98 of 157

Millcreek Council
Cheri Jackson Jeff Silvestrini, Mayor
Silvia Catten, District 1
Thom DeSirant, District 2
Nicole Handy Cheri Jackson, District 3
Bev Uipi, District 4

Millcreek City Hall
1330 E Chambers Ave
Millcreek, Utah 84106
801-214-2700
millcreekut.gov

Dear Fellow Millcreeker,
Welcome to one of Utah’s newest cities and a career in public service for an amazing community! Millcreek’s
motto is “Connected by Nature,” and our natural beauty flows from the Wasatch Mountains west to the
Jordan River. But you’ll also find a close-knit community and city employees working hard to facilitate
connections and make this a great place to live, work, and play.
Having just incorporated a few short years ago, we’ve been fortunate to hand-pick a “Dream Team” from
scratch-including YOU! Millcreek needs your energy, talents, and positive attitude to help build a truly
magical municipal organization. I’m glad you are here to enhance our entrepreneurial vibe.
Here our vision is “Innovating Ways to Serve Our Community” and we look forward to seeing how you bring
your creativity to solve problems, provide outstanding customer service, and look for ways to strengthen the
community of Millcreek. Our culture is fast-moving, nimble, and responsive. But we also expect hard work,
dedication, and high standards. We put a lot of trust in our team, and if you are fair with Millcreek, Millcreek
will always be fair with you.
Here we encourage each other to “Play to Win,” and we expect big things. Our culture is fast-moving, nimble,
and responsive. But we also expect hard work, dedication, and excellent customer service. We put a lot of
trust in our team, and if you are fair with Millcreek, Millcreek will always be fair with you.
The policies in this handbook are here to help you do your job effectively and efficiently. Please take time to
read and understand them and refer back to this book often. Any questions along the way? I’m here for you,
and so is your Department Head, and also Human Resources. We can’t wait to help you thrive and soar at
Millcreek!
All the best,

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2. In addition to the policies and procedures in this manual, employees are responsible for
understanding and abiding by the policies and procedures of their respective Departments.
3. The City Manager or designee shall be the final interpreter of the provisions of the Handbook as
applied to all City employees.

MILLCREEK MISSION STATEMENTMOTTO
Connected by Nature. Millcreek provides superior, responsive municipal governance and services in a
fiscally conservative and responsible manner, sustaining and improving the City's residents' and
stakeholders' quality of life.

EMPLOYEE SERVICE VALUES
•
•
•
•
•

Listen to Understand
Be Respectful to All
Be Innovative and Invested
Do What You Say You’ll Do
Play to Win and Have Fun!

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Causes for Disciplinary Action - Personal use of social media (even off-duty or using the
employee’s equipment) may affect or impact the workplace and become the basis for employee
discipline. Causes for disciplinary action, up to and including termination, may include, but are
not limited to, the following:
•

Cyber-bullying, stalking, or harassment

•

Release of confidential or private data

•

Misuse of City-owned social media

•

Inappropriate use of the City’s name, logo, or the employee’s position or title

•

Using City-owned equipment or City-time for extensive personal social media use

•

Violation of law, whether federal, state, local or a City policy

Because the laws in this area are evolving, employees are encouraged to discuss activities that
might result in discipline with the City Manager or designee prior to engaging in such social
media activities. Each situation will be evaluated on a case-by-case basis.
Reporting Violations - The City encourages employees to report potential violations of this policy
to their Department Head or Human Resources.
13. Privacy Program Policy - This policy documents Millcreek’s (“City”) privacy program, which includes City
policies, practices, and procedures for processing personal data in accordance with applicable law and
aligns with the records management and data governance requirements set forth in the Government
Records Access and Management Act (GRAMA) and Data Access Request Service (DARS). Where
applicable, this policy will refer to a more specific or detailed policy, procedure, or guidance that addresses
a particular practice that the City has developed.
Guiding Principles - This policy consolidates privacy practices, outlines governance roles and
responsibilities, and ensures compliance with generally applicable records management, data
protection, and data privacy obligations. It is designed to safeguard individual privacy rights,
promote transparency, maintain the integrity and security of personal data, and ensure
accountability across the City. This policy is intended to further align the City with the State Data
Privacy Policy, as detailed in applicable law.
Scope - This policy applies to all City departments and employees involved in the management,
creation, and maintenance of records or who have access to personal data as part of their job
duties. This policy also applies to all City contractors who process or have access to personal data
as part of their duties under an agreement with the City, in accordance with applicable law.
Definitions

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•

“Device fingerprinting” means collecting attributes of a user's device configurations to
create a trackable profile for the device.

•

"Individual" means a human being.

•

“Key logger” means “a program designed to record which keys are pressed on a computer
keyboard...”

•

“Personal data" means information that is linked or can be reasonably linked to an identified
individual or an identifiable individual.

•

“Record” means the same as that term is defined at Utah Code § 63G-2-103(25).

•

"Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.

•

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•

Governance
•

Chief Administrative Officers (CAOs)
o The City shall designate one or more individuals to serve as the City's chief
administrative officer (CAO) in fulfilling the duties outlined in applicable law.
o The City may assign responsibility for the duties outlined in Utah Code § 63A-12-103 to
one or among several CAOs as the City sees fit.
o The designation of the CAO(s) shall be reported to the Utah Division of Archives and
Records Services (“Archives”) within 30 days of the designation.
o If responsibility for the duties outlined in Utah Code § 63A-12-103 is divided between
more than one CAO, such specification should be reported to the Archives along with
the designation.
o The designation of, and the responsibilities assigned to, a CAO shall be reviewed and
confirmed by the City annually.

•

Appointed Records Officers (AROs)
o Designated CAO(s) shall appoint one or more individuals to serve as records officers in
fulfilling the duties of working with Archives and the Office of Data Privacy in the care,
maintenance, scheduling, disposal, classification, designation, access, privacy, and
preservation of records.
o A designated CAO may assign responsibility for the duties of appointed records officers
to one or among several officers as the CAO deems appropriate.
o The appointment of records officers shall be reported to the Archives within 30 days of
the appointment.
o If responsibility for the duties of appointed records officers is divided between more
than one officer, such specification should be reported to Archives along with the
appointment.
o The appointment of a records officer and the responsibilities assigned to them shall be
reviewed and confirmed by the City annually.

Record Series

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•

Records and Records Series
o The City shall create and maintain records and record series in accordance with the
requirements of DARS and GRAMA, as well as related guidance issued by Archives.
o The City shall appropriately designate and classify records and record series in
accordance with the requirements of DARS and GRAMA.
o CAO(s) shall be responsible for submitting a proposed retention schedule for each
type of material defined as a record under GRAMA to the state archivist for review
and final approval by the Records Management Committee (RMC).
o Upon RMC approval, the City shall maintain and dispose of records in strict
accordance with the approved retention schedule. In instances where the City has
not received an approved retention schedule for a specific type of record, the general
retention schedule maintained by the state archivist shall govern the retention and
disposition of those records.

•

Record Series Privacy Annotation
o The City shall perform a privacy annotation for each record series that contains
personal data, in accordance with applicable law.
Privacy annotations shall include:
▪

the legal authority under which personal data is processed;

▪

the purposes and uses for the personal data; and

▪

the types of personal data that may be processed within the record series.

o Privacy annotations shall be conducted and reported in accordance with the
additional requirements set forth in an administrative rule issued by the Archives.
Awareness & Training
•

City Data Privacy Training
o The CAO shall ensure that all employees who have access to personal data as part
of their work duties complete a data privacy training program within 30 days of
beginning employment and at least once each calendar year.
o The CAO is responsible for monitoring the completion of data privacy training by City
employees.

•

Agency-Specific Training

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Appointed Records Officer Training and Certification
o The City shall ensure that all appointed records officers complete online training on
GRAMA provisions annually.
o The CAO shall, annually, review and confirm the certification status of all appointed
records officers.
o GRAMA Access AROs: AROs who handle GRAMA transparency responsibilities are
required to complete the GRAMA transparency training
o Records Management and Privacy AROs: AROs specializing in records management
or privacy must complete both records management and GRAMA transparency
training and obtain the corresponding certifications.

Identify
•

Inventorying
o The City shall maintain a comprehensive inventory of:
▪

All IT systems that may process state or federal data the state owns or is
responsible for must use the standard process provided by DTS Information
Security Policy 5000-0002.

▪

All records and record series that contain personal data, and the types of
personal data included in the records and record series.

▪

•

Information Technology Privacy Impact Assessment
o The City shall ensure that the division completes a Privacy Impact Assessment (PIA)
for all IT systems that may process personal data, prior to the initiation of data

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processing in those systems, as required under DTS Information Security Policy
5000-0002.
▪

The City shall use the PIA template approved by the City pursuant to DTS
Information Security Policy 5000-0002.

▪

The City must retain a copy of each completed assessment for four years to
provide audit documentation and ensure accountability in privacy practices.

Transparency
•

Website Privacy Policy
o The City shall create and maintain privacy policies required for its websites as
outlined by applicable law.
o The City shall ensure that personal data related to a user of the City’s website is not
collected unless the City’s website complies with applicable law.
• Privacy Notice - Employees shall collect personal data only if, on the day the
personal data is collected, the City has provided a privacy notice to the individual who
is asked to furnish the personal data that complies with applicable law.

Individual Requests
•

The City shall establish appropriate processes and procedures that facilitate compliance
with applicable governing law for handling the following privacy requests of individuals:
o Individual’s requests to access their personal data;
o Individuals’ requests to amend or correct their personal data;
o Individual’s requests for an explanation of the purposes and uses of their personal
data; and
o An at-risk government employee requests that access to their personal data be
restricted.

•

The City shall establish a process for public access requests to inspect or copy the City’s
records, excluding requests from individuals to access their personal data.

•

The City will follow established business practices regarding GRAMA.

Processing
•

Minimum Data Necessary

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o The City shall provide that all programs within the City obtain and process only the
minimum amount of personal data reasonably necessary to achieve a specified
purpose efficiently.
o The City shall ensure that all programs within the City regularly review their
collection practices to ensure compliance with the data minimization requirement.
•

Record and Data Sharing or Selling Policy
o The City will only share or disclose personal data when there is appropriate legal
authority. The sale of personal data is prohibited unless required by law.
o Data sharing must comply with GRAMA or other governing law and may include
sharing with governmental entities, contractors, private providers, or researchers.
Compliance with GRAMA or other governing laws depends on the purpose of the
sharing, the parties involved, and the nature of the records.
o The City will review personal data sharing and selling activities, including the types
of data shared, the legal basis for sharing, and the entities that receive this data.
o All contracts involving personal data must include appropriate privacy protections.
Written agreements for data sharing are recommended to ensure compliance with
applicable laws and regulations.

•

Retention and Disposition of Records Containing Personal Data
o Employees shall maintain, archive, and dispose of records, including all personal
data, in accordance with an approved retention schedule.
o Employees shall comply with all other applicable laws and regulations regarding the
retention or disposition of specific personal data.

Information Security
•

Incident Response
o The City adopts and follows the DTS Cybersecurity Incident Response Plan to
manage and address all security incidents, including data breaches and privacy
violations.
o Employees shall report all suspected security incidents, including non-IT incidents
such as unauthorized access to physical records, to the Enterprise Information
Security Office (EISO).
o The City shall ensure compliance with all other applicable laws or regulations
related to incident response and breach notification of specific personal data held
by the City.

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•

Breach Notification
o The City shall provide notice to an individual or the legal guardian of an individual if
the individual’s personal data is affected by a data breach in accordance with
applicable law.
o The City shall notify the Cyber Center and the state attorney general’s office of a
data breach affecting 500 or more individuals in accordance with applicable law. If
the City experiences a data breach affecting fewer than 500 individuals, it will
create and report an internal incident report in accordance with applicable law.
These requirements are in addition to any other reporting requirements required by
applicable law.
o The City is also subject to other breach notification requirements, such as those
required to comply with federal regulations, laws, or other governing requirements
(e.g., HIPAA or 42 CFR Part 2).

Surveillance
•

Covert Surveillance
o Employees may not establish, maintain, or use undisclosed or covert surveillance of
individuals unless permitted by law.
o Employees are responsible for engaging with appropriate leadership for review—
to include legal counsel, where pertinent—of any activity that may be considered
surveillance.

•

Cookies, Fingerprinting, Key Loggers, and Tracking Technologies - The City is committed to
transparency and privacy protection for individuals who visit the City website regarding the
use of any tracking technologies, including, but not limited to, cookies, device fingerprinting,
keyloggers, and similar methods for monitoring or collecting information from website users.
o Cookies - The use of cookies on the City’s websites and digital services must comply
with applicable privacy and security policies. Cookies should be limited to essential
operational purposes, and any use of tracking or third-party cookies for analytics or
similar functions must be disclosed clearly to users, with an option to consent where
required by law.
o Device Fingerprinting - Device fingerprinting is prohibited unless explicitly
authorized by the City Manager and where the legal basis or appropriate
justification for such processing is documented in a privacy impact assessment. The
purpose and extent of fingerprinting must be clearly defined, documented, and

Millcreek Employee Handbook

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disclosed to users in a privacy notice or statement that complies with applicable
legal requirements.
o Key Loggers - Key loggers are prohibited without specific authorization from the City
Manager. Keyloggers may be used only when there is a clearly defined operational
need that complies with security standards and legal requirements, and appropriate
user notice is provided where required.
o Other Tracking Technologies - The use of other tracking technologies, such as web
beacons, pixel tags, or similar tools, is prohibited unless explicitly authorized by the
CAO, and the legal basis for such tracking is appropriately documented. Disclosure
of these technologies must be included in user-facing privacy statements, with user
consent obtained when required by law.
o User Notification and Consent - The City must inform users about the use of tracking
technologies. A clear website privacy statement must explain the types of data
collected, the purpose of the tracking, and how users can manage their preferences
or consent. Any updates to tracking practices must be promptly reflected in the
privacy statement.
o Data Security and Retention - Data collected through authorized tracking
technologies must be securely stored and accessible only to authorized personnel.
Retention of this data must comply with approved retention schedules, and the data
should be retained only as long as necessary for the defined operational purpose.
Formatted: Indent: Left: 0.5"

13.14. Artificial Intelligence (AI) Use Policy – This AI use policy applies to all City employees (as
outlined in Section 2-02-1 of this Handbook) who use AI tools in any capacity while conducting
City business. The purpose of this policy is to protect proprietary, confidential, and sensitive
information while ensuring compliance with applicable law and City policy.
Prohibited Use of AI - Employees must not use AI to collect, store, or analyze City data without
proper authorization and security measures. Additionally, employees must not input, upload, or
share any proprietary, confidential, or sensitive information into AI tools, including but not limited
to:
•

Protected, private, and controlled information

•

Personally Identifiable Information (PII)

•

Protected Health Information (PHI)

•

Financial, legal, or contractual data

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MILLCREEK, UTAH
ORDINANCE NO. 26-15
AN ORDINANCE APPROVING THE DISPOSITION OF CERTAIN SURPLUS
PUBLIC PROPERTY
WHEREAS, the Millcreek Council (“Council”) met in regular session on April 13, 2026,
to consider, among other things, approving the disposition of certain public property; and
WHEREAS, Millcreek (“the City”) purchases tangible items for providing municipal
services; and
WHEREAS, such items are purchased with public funds, the City desires to be good
stewards of public funds and the assets and supplies purchased with public funds; and
WHEREAS, the City recognizes that these items are no longer useful to the City’s
municipal operations; and
WHEREAS, Millcreek understands that members of the public may find such items
useful; and
WHEREAS, Millcreek Code 2.22.170 requires the Council to establish a “minimum
bid” for the items to be surplused; and
WHEREAS, the City has determined that the value as established by the Public Surplus
website will establish a minimum bid and using the Public Surplus website will provide the
highest and best economic return to the City,
NOW, THEREFORE, BE IT ORDAINED by the City Council that the items listed on
Exhibit A shall be deemed as surplus property, that the value established by the Public Surplus
website, plus the website, will establish the minimum bid, and that using the Public Surplus
website will provide the highest and best economic return to the City.
PASSED AND APPROVED this 13th day of April 2026.
MILLCREEK

ATTEST:

_______________________________
Elyse Sullivan, City Recorder

By: ______________________________________
Cheri Jackson, Mayor

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Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

CERTIFICATE OF POSTING
I, the duly appointed recorder for Millcreek, hereby certify that:
ORDINANCE 26-15: AN ORDINANCE APPROVING THE DISPOSITION OF CERTAIN
SURPLUS PUBLIC PROPERTY was adopted the 13th day of April 2026 and that a copy of the
foregoing Ordinance 26-15 was posted in accordance with Utah Code 10-3-711 this ____ day of
April, 2026.
_________________________
Elyse Sullivan, City Recorder

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Unused Items for Surplus
Items / Quantities

Details

Federal Industries display fridge

Estimated
sale price
5,200.00

Standing desk

75.00

Pro-form treadmill

300.00

Drafting table

25.00

Wooden podium

25.00

Stackable charcoal chairs 6 groups of 10 (60)

$10 each

600.00

Hanging wall file organizers (2)

$ 5 each

10.00

Blue seat stackable chairs (40)

$10 each

200.00

6’ by 18” narrow folding tables (7)

$10 each

70.00

Plans holder
Base Sure microphones (36)

15.00
$10 each

360.00

3-tier floor lamp

10.00

Conference table

120.00

Compact grey metal desk

50.00

Round tables (2)
Estimated proceeds from surplus property

$5 each

10.00
7,070.00

Page 112 of 157

Minutes of the
Millcreek City Council
March 9, 2026
5:00 p.m.
Work Meeting
7:00 p.m.
Regular Meeting
The City Council of Millcreek, Utah, met in a public work meeting and regular meeting on
March 9, 2026, at City Hall, located at 1330 E. Chambers Avenue, Millcreek, UT 84106. The
meeting was recorded for the City’s website and had an option for online public comment.
PRESENT:
Council Members
Cheri Jackson, Mayor
Silvia Catten, District 1
Thom DeSirant, District 2 (arrived at 5:06pm)
Nicole Handy, District 3
Bev Uipi, District 4 (arrived at 5:11pm)

City Staff
Mike Winder, City Manager
Elyse Sullivan, City Recorder
John Brems, City Attorney
Kurt Hansen, Facilities Director
Francis Lilly, Assistant City Manager
Lisa Dudley, HR-Finance Director
Jim Hardy, Building Services Director
Kristy Parajuli,
Kayla Mayers, Promise Program Director

Attendees: Chief Petty-Brown, Rick Hansen, Lindsey Nielsen, Jeff Silvestrini, Dave Spatafore,
Ashley Mirabelli, Ben Horsley, Andrei Tarassov
WORK MEETING – 5:00 p.m.
TIME COMMENCED: 5:02 p.m.

Mayor Jackson called the work meeting to order.
1. Central Wasatch Commission Presentation; Lindsey Nielsen, Executive Director
Lindsey Nielsen said the Central Wasatch Commission (CWC) is an interlocal governmental
entity established in 2017 as an outgrowth of the Mountain Accord process (2013–2015), a
collaborative regional effort involving community members, local leaders, environmental
advocates, recreationists, and industry stakeholders to ensure the long-term sustainability of the
Wasatch Mountains. The Commission’s core mission is to protect and steward these mountains
through coordinated approaches to transportation, environmental preservation, recreation, and
responsible development. Comprised of multiple member jurisdictions along the Wasatch Front
and back, including Millcreek, the CWC provides a unique platform for regional collaboration,
consensus-based decision-making, and stakeholder engagement. Its work is informed by a 35member Stakeholders Council and a Youth Council, both of which contribute local expertise and
innovative ideas.

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The CWC delivers value to its members through regional coordination, advocacy, and initiatives
such as transportation planning, data transparency via the Central Wasatch Dashboard, and
community programs. Notable accomplishments include mobility action planning, canyon
shuttle feasibility studies, and management of the Ski Bus Priority Access Program, which
improves traffic flow and public safety during peak ski days. The Commission also hosts an
annual symposium to convene experts and stakeholders and administers a grant program that
funds short-term projects supporting trail development, environmental maintenance, and
equitable outdoor access. Central to its long-term vision is the proposed Central Wasatch
National Conservation and Recreation Area Act, a federal initiative aimed at permanently
protecting the region through a new conservation designation. Overall, the CWC serves as a
collaborative and innovative model for regional stewardship of natural resources.
Council Member Uipi moved to reorder the agenda to have Lisa Dudley go next. Council
Member Catten seconded. Mayor Jackson called for the vote. Council Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Handy voted yes, Council
Member Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
3. Fiscal Year 2026-2027 Budget Discussion; Lisa Dudley, HR-Finance Director
Lisa Dudley provided a preliminary, high-level overview of the fiscal year 2027 general fund
budget, emphasizing that it is an early-stage framework intended to guide future discussions and
refinements ahead of formal budget adoption in May and June. On the revenue side, the analysis
highlights relatively stable and predictable sources, including property taxes, sales and use taxes,
franchise fees, licenses, permits, and grants. Notably, no property tax increase has been assumed,
and prior-year new growth was allocated to a community reinvestment area, temporarily limiting
general fund gains. Sales tax revenues are trending upward, while utility-related revenues show
mixed patterns, and most fee-based revenues remain relatively flat. Grant funding is being
adjusted based on availability and administrative feasibility, and some one-time or pass-through
funds are excluded to ensure accuracy. Overall, current projections indicate a modest increase in
total revenues, with ongoing refinements expected as more precise data becomes available.
On the expenditure side, the focus is on major cost drivers, including personnel, contracts, and
capital needs. Proposed adjustments include a 3% cost-of-living increase, a 1.5% merit increase,
and the addition of several new positions to support operations. Rising costs in contracted
services—such as law enforcement, municipal court services, animal control, and public
works—are also key considerations, alongside infrastructure needs like pavement preservation
and a significant irrigation system replacement in Canyon Rim Park. Additional requests include
planning studies, administrative tools, and various capital improvements, though there is a
recommendation to shift capital expenses to a dedicated capital improvement fund. To help
offset rising costs, the city is evaluating the strategic use of available fund balances, particularly
within its police precinct account, as a primary mitigation tool. Overall, the budget outlook
reflects growing operational demands balanced with efforts to maintain fiscal responsibility,
improve efficiency, and align long-term financial planning with the city’s service priorities.
The council asked Dudley some clarifying questions.
2. Legislative Session Wrap-Up; Capstone Strategies

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Ashley Mirabelli and Dave Spatafore provided a high-level overview of the recently concluded
session, highlighting both the complexity of the process and the need for continued review due to
significant late-stage amendments and bill consolidations. Although a record number of bills
were introduced, fewer were ultimately passed compared to the prior year. A major focus
throughout the session was property tax policy, with numerous proposals initially aimed at
restricting local government authority—such as limiting revenue growth, altering new growth
calculations, and capping reserves—but most of these measures did not pass. Instead, the most
impactful legislation centered on updates to the truth-in-taxation process, requiring greater
transparency and planning, including advance public notice, adoption of a preliminary budget,
and adherence to reserve requirements when considering tax increases. Clarifications were also
made to address prior technical barriers that had prevented some jurisdictions from successfully
implementing tax adjustments.
Beyond taxation, the session addressed several other key policy areas, including elections,
special districts, public safety, housing, and economic development. Potentially restrictive
election-related bills largely failed, preserving current practices, though funding was allocated
for a study on mail-in voting security. Significant passed legislation included amendments to
special district governance, municipal prosecution authority, wildfire interface codes,
government immunity for first responders, and the establishment of new tools for housingrelated infrastructure funding. Economic development policy saw a shift toward restructuring tax
increment financing tools and creating new state-supported development frameworks, while
maintaining local control over community reinvestment areas. At the same time, several notable
bills failed, including measures related to municipal fee collection, election communications,
charter school property rights, and government speech regulations. Overall, the session resulted
in a mix of targeted policy updates, preservation of local authority in key areas, and the
introduction of new frameworks to support infrastructure and housing, with further analysis
needed to fully assess the final impacts of enacted legislation.
Mike Winder requested a list of bills and impacts that affect how Millcreek does business so staff
can address them.
4. Staff Reports
Winder noted the ice skating season ending that week. Lisa Dudley gave the council copies of
the FY25 published popular annual financial report and annual comprehensive financial report.
5. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items
There was none.
Council Member DeSirant moved to adjourn the work meeting at 6:29 p.m. Council
Member Uipi seconded. Mayor Jackson called for the vote. Council Member Catten voted
yes, Council Member DeSirant voted yes, Council Member Handy voted yes, Council
Member Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.

REGULAR MEETING – 7:00 p.m.
TIME COMMENCED: 7:02 p.m.
1. Welcome, Introduction and Preliminary Matters

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1.1 Pledge of Allegiance
Mayor Jackson called the meeting to order and led the pledge of allegiance.
1.2 State of Millcreek’s Youth Address
Mayor Heidi Jackson gave the following address:
“Hello everyone! My name is Heidi Jackson and I am the Millcreek City, Youth
Council Mayor. I’m speaking today to not only represent the voices of our 25
membered youth council, but for all of the youth in our city and local community.
Having a voice matters and I want the youth in Millcreek to know theirs matters too.
Our youth council is a diverse group of leaders made up of high school juniors and
seniors representing 5 local high schools. These include; The Academy for Math,
Engineering, & Science or AMES, Olympus high school, East high school, Cottonwood
high school, and Skyline high school. Our mission is to teach Millcreek youth about
municipal government, support them in educational pathways, and provide
opportunities for community service.
This year we have been busy doing just that. Here’s an overview of what the youth
council has been doing this year. Before the school year started, we supported the
residents of the Willow Glen apartment fire by organizing all the donations that were
received for them. We also helped with the Bike Rodeo event held at James E Moss
Elementary, a Title 1 school in Millcreek. We taught bike and road safety to kids by
helping them go through an obstacle course and understanding road signs. After the
school year started, we officially got sworn in by the City Council, helped with
Churchill Jr. High’s 60th anniversary, participated in 9/11 day of service, and
Welcoming Week. We organized and carried out a Halloween costume drive for kids at
James E Moss Elementary, bought and supplied winter clothing for 24 families with
kids in after school programs in Millcreek at William Penn, Utah International School,
and Olympus High School. We did an activity with William Penn Elementary’s student
government, and participated in local officials day.
Attending our states annual local officials day was a highlight for a lot of us this year
and in years past because we were able to spend the day at the State Capitol then at the
Salt Palace with other youth councils in the state to network, learn, take part in a mock
trial, and hear from our governor, Governor Cox, and other local leaders about how we
can use our voices and be involved in public policy. This year we also heard from many
speakers including our previous mayor Jeff Silvistrini, current mayor Cheri Jackson,
experts in the STEM and environmental work force, a mental health professional and
FAFSFA advisors from the University of Utah, our city manager Mike Winder, Senator
Nate Bluin, as well as our city council members: Silvia Catten, Bev Uipi, Tom
Desirant, and Nicole Handy.
We are currently working with the South Salt Lake Youth Council on a Teen Resource
Drive to support teens experiencing homelessness who are staying at the FINCH
location in South Salt Lake. Both of our youth councils care about the topic of wanting
to help people experiencing homelessness and we thought it would be a great idea to
work on a project together to help people in our communities, especially teenagers.
We have done so much this year and are proud of what we have accomplished
including receiving the Best of State award for best youth group last June and a

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Champion of Connection and Mental Health in Our Community award from Project
Connection.
Before we joined the Youth Council we might have viewed Millcreek as just the place
we lived and went to school. After taking initiative and getting involved in our
community we now know how amazing and strong it is and how it is growing. We see
the unity that is building and creating a positive impact on each of us. One youth
council member recently shared that before joining, they didn’t think our city leaders
even knew what a high schoolers day looked like. After building relationships with
them that feeling has shifted. We are so grateful for Cheri Jackson and our city
councilmembers for taking the time to listen to us and get to know who we are. We are
learning to use our voices, and the more we practice, the louder we get.
Now that I have talked about our youth council, I want to transition into what the Youth
in Millcreek want to say. To truly represent Millcreek youth, instead of making
assumptions, our council conducted a survey to find out what mattered to them. What
we found was fascinating.
First, burnout, phones and school schedules. The survey showed that screen time and
sleep deprivation are at crisis levels with most answering they spend an average of 4-7
hours a day on screens. It’s easy to tell a teenager to "put the phone down," but the data
shows this is tied to school schedules that don't align with our biology and a digital
world that never sleeps. Olympus high school has had great success with their flex time
schedule, allowing students around 25 minutes of time to take tests and work with their
teachers during the day instead of before or after school. Positive feedback from
students on and off youth council, as well as teachers and faculty show us this is a good
use of time, helping teachers and bringing grades up. This time is also being used for
different club meetings and activities, so transportation is less of an issue after school.
Our survey showed that 88% support bringing this to all of our high schools.
Second, safety. While many responded they feel safe in Millcreek, there were several
who answered no to this question regarding immigration and gun violence. In a city as
diverse as ours, many of our peers fear for their families or their own status. In Utah,
Firearms were the second leading cause of death among young people ages 1-17 in
2023. If a portion of our youth don’t feel safe in our community and at our schools,
then the "safety" in Millcreek isn't a finished job yet.
Third, The Great Salt Lake. This environmental problem affecting our wildlife and air
quality has not yet found a solution. If nothing changes, it is expected to dry up in
around five years. As it dries, we will be exposed to toxic airborne chemicals which
will negatively affect our health and the wildlife around us. We need to work to
conserve water, and manage it long-term, to save our lake and the health of Millcreek
residents.
Fourth, homelessness and affordable housing. We see the struggle on our streets and
want to be part of the solution. In Utah, 22% of people experiencing homelessness in
2022 were under the age of 18. No one should have to experience homelessness,
especially teenagers. We want to be homeowners one day and be able to afford the cost

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of living that is currently so high. Lowering inflation and creating incentives for
affordable housing will help us get to a point where we can be able to thrive in our city.
Last and most striking takeaway, the youth do not feel like they have a say in our
Schools, City and community policies. One solution for this in schools is having
student panels where students get to share with teachers and faculty what is or is not
helping them learn. In Millcreek, 32% in our survey said they don't feel like they have a
voice as a youth while 28% were neutral. This is partly because they feel disconnected
and simply don’t know enough about how our system works. We need to advance our
civics education for youth and continue to improve on their sense of belonging in our
city. To those who want to use their voice, here’s a list of ways you can learn more and
speak out, because you do have a say, and opinions that are worth listening to.
First, the Millcreek City website is a great way to learn about what is going on in our
city policies and what community events are taking place. Attending community events
helps you engage and get to know more people who also live in Millcreek. Millcreek
Common always has different fun events going on and has activities available like
roller skating, ice skating, climbing, and soon, mini golf and a skate park. This is a
great place to be with friends and make connections.
Next, reaching out to city or state officials through text, call or email. Their information
is all public and they value and want to listen to the youths opinions. Our youth council,
and advisor Kristy Parajuli (Julie) also want to hear your concerns and are a good
resource for teens in Millcreek. Filling out our annual survey on our social media
platform is an easy way to do this every year. Also, on our council, every high school
represented has a school liaison to relay information, so they can also be a resource to
you.
So, what is the "State of the Youth" in Millcreek? We are engaged, motivated and filled
with untapped potential. We are a generation that cares about our future and is ready to
work to make it the best it can be. Our Youth Council is committed to being a voice for
Millcreek Youth. We are working to make sure that what we need for our future is
incorporated into policy in this room. Because the state of the youth in Millcreek isn’t
just about today, it’s about the future we are building together. Thank you.”
1.3 Public Comment
Andrei Tarassov, Olympus Cove Veterinary Clinic, expressed concerns regarding his
recent experience relocating a long-established clinic within Millcreek, emphasizing a
desire to remain in the community due to an existing client base and long-term
investment in the area. Despite identifying a suitable vacant commercial property, the
owner reported significant challenges navigating city processes, particularly citing
inconsistent communication across departments, conflicting guidance from staff, and
delays resulting from unclear or changing requirements. Additional frustrations included
issues with the online permitting system, such as missed communications and receipt of
unrelated inspection reports. The owner noted that these challenges are not isolated,
referencing feedback from contractors who are hesitant to take on projects within the city
due to similar difficulties. Overall, the statement underscores concern that administrative
inefficiencies may hinder local economic development and calls for improved

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coordination, clearer communication, and a more business-friendly approach to support
small businesses and growth within the city.
2. Financial Matters
2.1 Public Hearing to Consider a Monetary Contribution of Up to $6,000 to the
Canyon Rim Citizens Association for the Canyon Rim Cares Event
Mayor Jackson said the Canyon Rim Cares event, now in its seventh or eighth year, is a
well-established community service initiative organized by a local resident and supported
by a combination of municipal and corporate contributions. Held annually in mid-to-late
July, the event mobilizes hundreds of volunteers to complete service projects that benefit
local and regional organizations. Past efforts have included assembling literacy kits for
elementary students, preparing preschool readiness materials, and supporting nonprofits
such as medical clinics and community centers. The organizer has demonstrated strong
coordination and accountability, effectively securing additional funding sources and
providing clear financial reporting on the use of contributed funds. Overall, the event is
viewed as a valuable and impactful community program, and continued financial support
is considered a worthwhile investment in local service and engagement.
Council Member Uipi moved to open the public hearing. Council Member DeSirant
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
There were no comments.
Council Member DeSirant moved to close the public hearing. Council Member Uipi
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.2 Discussion and Consideration of Ordinance 26-09, Approving a Monetary
Contribution of Up to $6,000 to the Canyon Rim Citizens Association for the
Canyon Rim Cares Event
Council Member DeSirant moved to approve Ordinance 26-09, Approving a Monetary
Contribution of Up to $6,000 to the Canyon Rim Citizens Association for the Canyon Rim
Cares Event. Council Member Handy seconded. The Recorder called for the vote. Council
Member Catten voted yes, Council Member DeSirant voted yes, Council Member Handy
voted yes, Council Member Uipi voted yes, and Mayor Jackson voted yes. The motion
passed unanimously.
3. Planning Matters
3.1 First Reading of ZM-26-002, Request to Rezone from R-1-6 to R-1-10 at 1575 E
Millcreek Way; Carlos Estudillo, Planner
Carlos Estudillo presented a rezoning application for a property located at 1575 East
Millcreek Way, currently designated as R-1-10 (single-family residential). The request
stems from prior subdivision amendments in 2021 and 2025 that consolidated portions of
adjacent properties—originally zoned R-1-6—into this parcel. Under city code, a single

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lot must carry a consistent zoning designation; therefore, the application proposes
rezoning the previously annexed portions from R-1-6 to R-1-10 to align with the primary
parcel. The request is characterized as a technical “clean-up” action required to ensure
compliance with subdivision and zoning ordinances, with no changes to land use, density,
or overall residential character.
The proposal has undergone standard review processes, including a public open house,
community council discussion, and Planning Commission consideration. Public input
was minimal and primarily focused on clarification of rear yard setback requirements,
which will conform to R-1-10 standards and remain consistent with existing conditions.
No substantive concerns or opposition were identified, and the East Mill Creek
Community Council expressed no objections. The Planning Commission unanimously
recommended approval, and staff likewise supports the application, noting no anticipated
negative impacts and full compliance with applicable city codes.
4. Business Matters
4.1 Parking Ordinance Discussion; John Brems, City Attorney and Jim Hardy,
Building Services Director
John Brems said the administration, supported by UPD, requested that parking
ordinances be civil violations rather than criminal. He then reviewed proposed code
changes which listed parking violations, created a hearing appeal process, authorized
engineering to place no parking signs, and set fine amounts to certain violations. Jim
Hardy noted bringing enforcement in-house would require a dedicated parking
enforcement full time employee.
Staff and the council discussed specifics to enforcement including fees, the parking
notice, and action to be taken after three unpaid violations.
5. Reports
5.1 Mayor’s Report
Mayor Jackson highlighted a range of recent activities and ongoing initiatives involving
city leadership, community engagement, and public services. Staff participated in a
legislative update through the Utah League of Cities and Towns, with acknowledgment
given to team members for their active involvement in monitoring policy developments.
Additionally, representatives attended discussions related to the Promise 100% Initiative,
where potential partnerships with philanthropic organizations such as Blue Meridian
Partners and United Way are being explored to support future funding opportunities.
Public safety and service delivery were also key areas of focus, with leadership reviewing
performance metrics during a standards of cover meeting with Unified Fire Authority,
which confirmed strong emergency response times and high-quality service for residents.
Ongoing budget discussions with both Unified Fire Authority and Unified Police
Department include consideration of future needs, such as funding for a new fire training
facility.
Community engagement efforts were also emphasized, including a successful “Try-ItAbilities Day,” organized to provide inclusive recreational opportunities for individuals
of all abilities, as well as a series of well-received events recognizing Black History

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Month. These events were noted for fostering inclusivity and community connection,
with appreciation expressed to staff and organizers for their contributions.
5.2 City Council Member Reports
Council Member DeSirant noted there was draft legislation for the Community
Renewable Energies Program being reviewed for municipalities to adopt by June 7.
Council Member Uipi mentioned that Millcreek gives $75,000 to support the Central
Wasatch Commission.
Council Member Handy noted the Wasatch Front Waste and Recycling District was
holding a public hearing on fee schedule amendments.
Council Member Catten attended the Change the World With Her event.
5.3 Staff Reports
There were no reports.
6. Consent Agenda
6.1 Approval of February 23, 2026 Work Meeting and Regular Meeting Minutes
Council Member Uipi moved to approve item 6.1. Council Member DeSirant seconded.
Mayor Jackson called for the vote. Council Member Catten voted yes, Council Member
DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi voted yes,
and Mayor Jackson voted yes. The motion passed unanimously.
7. New Items for Subsequent Consideration
There was none.
8. Calendar of Upcoming Meetings
 Historic Preservation Commission Mtg., 3/12/26, 6:00 p.m.
 Planning Commission Mtg., 3/18/26, 5:00 p.m.
 City Council Mtg. 3/23/26 7:00 p.m.

ADJOURNED: Council Member Uipi moved to adjourn the meeting at 8:25 p.m. Council
Member DeSirant seconded. Mayor Jackson called for the vote. Council Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Handy voted yes, Council
Member Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.

APPROVED: ______________________________ Date
Cheri Jackson, Mayor

Attest:

______________________________
Elyse Sullivan, City Recorder

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Minutes of the
Millcreek City Council
March 23, 2026
5:00 p.m.
Work Meeting
7:00 p.m.
Regular Meeting
The City Council of Millcreek, Utah, met in a public work meeting and regular meeting on
March 23, 2026, at City Hall, located at 1330 E. Chambers Avenue, Millcreek, UT 84106. The
meeting was recorded for the City’s website and had an option for online public comment.
PRESENT:
Council Members
Cheri Jackson, Mayor
Silvia Catten, District 1
Thom DeSirant, District 2
Nicole Handy, District 3
Bev Uipi, District 4

City Staff
Mike Winder, City Manager
Elyse Sullivan, City Recorder
John Brems, City Attorney
Kurt Hansen, Facilities Director
Francis Lilly, Assistant City Manager
Lisa Dudley, HR-Finance Director
Carlos Estudillo, Planner
Brad Sanderson, Current Planning Manager

Attendees: Rebecca Hunt, Kim Castro, Rick Hansen, Nancy Carlson-Gotts, Jamie Allyn, Andrei
Tarrasov, Sheryl Martin, Officer Cadwallader, Chief Petty-Brown, Chief Mazuran, Debbie
Sanchez
WORK MEETING – 5:00 p.m.
TIME COMMENCED: 5:06 p.m.

Mayor Jackson called the work meeting to order.
1. Unified Police Department 101; Chief Jason Mazuran
Chief Mazuran explained that the Unified Police Department (UPD) is a highly dynamic
organization that delivers significant value, but its effectiveness depends on clearly
communicating its structure and services to elected officials and community stakeholders. To
address this, UPD developed an educational initiative known as “UPD 101,” which helps orient
new officials and community members—particularly after election cycles—by explaining how
the department operates and the benefits it provides.
Chief Mazuran described UPD’s organizational model as similar to a corporation, with a
governing board made up of representatives from participating entities, including local elected
officials. The department operates through two primary components: direct precinct services and
shared services. Direct precinct resources include the officers and personnel assigned specifically

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to a city like Millcreek, while shared services encompass specialized, administrative, and support
functions distributed across multiple jurisdictions. This shared-services model allows
participating cities to pool resources, achieve economies of scale, and maintain access to highcost, high-skill capabilities—such as investigations, SWAT, and technical services—that would
be difficult to sustain independently.
Chief Mazuran highlighted that while some specialized services may only be used occasionally,
many shared resources are utilized daily and are essential to effective policing. The model
ensures that when critical incidents arise, cities can rapidly access a large, coordinated force of
trained personnel operating under consistent policies and procedures. Additionally, the structure
allows municipalities to customize their policing services through add-ons tailored to local
priorities while still benefiting from the broader network. Overall, the UPD model provides both
local control and regional collaboration, enabling cities like Millcreek to receive comprehensive
law enforcement services more efficiently and effectively than a standalone department.
Council Member Uipi asked if the Precinct bills when Millcreek Precinct responds to other
cities’ incidents. Chief Mazuran said there is a mutual aid agreement and the aid goes both ways
without incident charging. Council Member Uipi wondered if some cities would take advantage
of that. Chief Mazuran said it would become apparent if that were to happen and it would get
shut down. Mayor Jackson asked about reconciliation of shared services. Chief Mazuran said
they try to track shared services, but it tends to all balance out. Council Member Handy asked
where the shared offices were located. Chief Mazuran said they used to be located in county
buildings but after splitting from the Salt Lake County Sheriff’s office the services were
absorbed into the different precincts. His office is located at Millcreek City Hall.
Chief Petty-Brown explained the staffing structure and resource-sharing model within the
Millcreek Precinct, emphasizing how partnerships with neighboring jurisdictions enhance
efficiency and reduce costs. Certain personnel, including administrative staff and victim
advocates, are partially funded through shared arrangements such as the small Immigration
precinct, which contributes to overall staffing expenses and provides modest financial relief to
Millcreek. Additional shared roles include a social worker jointly funded with Holladay, as well
as patrol sergeants whose supervisory responsibilities extend across both cities. This
collaborative approach allows resources to be distributed flexibly, ensuring adequate coverage
and mutual support during larger incidents, with the understanding that assistance between
jurisdictions balances out over time.
Chief Petty-Brown further outlined specialized units and supervisory structures within the
precinct. A dedicated sergeant oversees traffic enforcement officers, who address community
concerns such as speeding and traffic violations, as well as a growing mental health unit that has
proven highly beneficial. The department also participates in a shared drug enforcement unit
with Midvale, combining personnel and funding to maintain an effective investigative team that
has recently contributed to significant drug-related arrests stemming from local cases. Additional
investigative resources include property crimes detectives and a sergeant who also supervises
school resource officers assigned to local schools. Overall, the precinct maintains a lean but
highly collaborative structure, with each shift typically consisting of five officers and one
sergeant when fully staffed, supported by shared regional resources that expand capacity and
effectiveness.

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Debbie Sanchez, CFO, outlined the financial and operational impacts of the Unified Police
Department’s separation from the county, with a specific focus on Millcreek. She explained that
prior to the separation in fiscal year 2024, Millcreek had approximately 58.33 total employees,
which decreased to 50.34 following the transition, a reduction of nearly eight positions.
Department-wide, UPD lost a total of 75 employees. Financially, the separation resulted in the
loss of 20% of county funding, equating to $4.7 million overall, with Millcreek responsible for
approximately $1.4 million of that loss based on its 29.57% share of shared services.
Consequently, Millcreek experienced a budget increase of $1.9 million that year, whereas it
would have seen a decrease in costs had county funding remained. To mitigate this impact, UPD
implemented organizational restructuring and cost-saving measures, including shifting certain
functions to shared services, resulting in approximately $1.4 million in savings, though rising
personnel costs still required a system-wide budget increase.
Sanchez also detailed the shared services funding formula, which allocates costs based on 70%
call volume (cases), 20% population, and 10% property valuation. Using this formula,
Millcreek’s share of shared services and overall costs are calculated annually. For fiscal year
2025, Millcreek’s total cost was approximately $16.14 million, reflecting a 6% increase. In the
current fiscal year, adjustments were made to better align staffing and operations, including
modest increases in sworn personnel and support roles. Millcreek’s share of the funding formula
decreased slightly to 28.69%, contributing to a smaller budget increase of 2.75% (approximately
$440,000), a significant improvement compared to the prior year. She also noted that cities
benefit from shared service revenues, which help offset costs. Looking ahead, updated
projections show minor shifts in call volume, population, and property values, with Millcreek’s
rate stabilizing around 28.5% after accounting for a new partner, Intermountain Health, whose
participation slightly reduces the financial burden on existing members. Overall, the financial
outlook reflects increased stability following the initial impacts of the county separation.
Chief Mazuran described a new and innovative initiative to integrate dedicated law enforcement
services within healthcare settings. He explained that, over the past year, UPD has been
developing a model that differs significantly from traditional approaches, where officers
typically provide only part-time or reactive support to hospitals. Instead, this new model
establishes a specialized hospital division, with officers assigned full-time to work within
medical facilities. Currently in a pilot phase at LDS Hospital, two officers are dedicated
exclusively to the site, focusing on providing safety, security, and law enforcement services
tailored to the unique and often high-stress healthcare environment.
Chief Mazuran emphasized that hospitals face increasingly complex and intense situations,
requiring officers who are specifically trained to operate within medical settings and understand
relevant regulations such as HIPAA and other healthcare laws. Early results from the pilot
program have already demonstrated success, highlighting both the demand and potential for
expansion across Intermountain Health’s broader network. Financially, the model integrates
hospitals into UPD’s shared services framework, meaning their participation contributes to
overall economies of scale and can help reduce costs for member cities like Millcreek. While still
a relatively new and uncommon concept, the initiative is viewed as a forward-thinking approach
that strengthens partnerships, enhances public safety, and provides mutual benefits to both
healthcare providers and the communities they serve. Mayor Jackson relayed a story where this
law enforcement relationship would have improved a particular experience with continuity and
consistency.

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Sanchez continued highlighting the role of the preliminary budget increase maximum, which is
established each March to guide fiscal planning. For the current cycle, the governing board has
directed the organization to limit budget growth to 3.5% or less. Initial projections showed an
increase of approximately 5.21%, with Millcreek’s share at 3.78%, prompting ongoing efforts to
reduce costs to meet the target before the tentative budget is finalized in May. To achieve this,
UPD has implemented a range of budget reductions and operational adjustments, including
lowering projected health insurance increases from 15.2% to 12%, incorporating a 2.5% cost-ofliving adjustment, and applying market-based pay updates for civilian employees.
Sanchez noted that while several reductions have been made, certain costs remain fixed or
unavoidable, such as state retirement rate increases, contractual obligations, an approved IT
leadership position, and grant-funded social worker roles. Capital projects totaling approximately
$642,000 will be funded through existing fund balance rather than new expenditures to help
offset the increase. Additional necessary expenses include a $250,000 fire suppression system
upgrade for a newly leased logistics facility in Kearns. She also explained that further savings
may be achieved through continued evaluation of staffing, shared service allocations, and
potential fee schedule updates, including the removal or revision of outdated fees such as those
for records requests and equipment use. Overall, the organization continues to refine the budget
with the goal of meeting the 3.5% target while maintaining essential services and operational
effectiveness.
2. Grow the Flow Presentation; Rebecca Hunt
Rebecca Hunt, Millcreek resident, feels strongly about saving the Great Salt Lake. Hunt
described the urgent environmental and public health challenges associated with the declining
condition of the Great Salt Lake, emphasizing that current projections suggest as little as five to
seven years remain before potentially irreversible impacts occur. She highlighted that the crisis
disproportionately affects vulnerable populations, particularly minority communities on the west
side of the Salt Lake Valley, due to increased exposure to toxic dust containing harmful
substances such as arsenic. This dust poses serious health risks, including elevated cancer rates,
and has a greater impact on children. Additionally, she noted environmental consequences,
including accelerated snowmelt caused by dust deposits that reduce the snow’s
reflectivity—leading to an average of 17 fewer days of snowpack annually. This trend not only
disrupts natural water cycles but also threatens Utah’s ski industry and broader economy.
Hunt also referenced the cautionary example of Owens Lake, a much smaller lake that has dried
up and become one of the largest sources of dust pollution in the United States, illustrating the
potential scale of consequences if similar conditions occur at the Great Salt Lake. Visual
examples of recent dust storms demonstrated how widespread and invasive these events can be,
affecting homes, communities, and daily life. Despite the severity of the issue, she concluded by
noting that there is still hope through coordinated and cooperative efforts to address the crisis.
Kimberly Castro, environmentalist, highlighted the mission and impact of the Grow the Flow
movement, emphasizing its role in empowering individuals to take meaningful action in
addressing the decline of the Great Salt Lake. She explained that her involvement was driven by
a desire to counter feelings of helplessness regarding large-scale environmental issues, noting
that the organization fosters a sense of agency through community engagement, advocacy, and
education. Collaborative efforts among institutions such as Utah State University, University of

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Utah, and various state agencies have contributed to data-driven projections, which indicate a
61% likelihood of severe adverse impacts if no action is taken. However, she emphasized that
increasing water inflows to the lake—while ambitious—is achievable through coordinated
efforts.
Castro outlined several key strategies to address the crisis, including incentivizing agricultural
water conservation, as agriculture accounts for a significant portion of water diversion, and
encouraging municipalities and residents to reduce outdoor water use, which represents
approximately 70% of household consumption. She also stressed the importance of funding and
policy support to enable behavioral and systemic changes. The Grow the Flow initiative focuses
on public empowerment through actions such as engaging with elected officials, participating in
community efforts, reducing nonfunctional turf, and advocating for sustainable water practices.
She concluded by underscoring both the urgency and opportunity of the situation, noting that
saving the Great Salt Lake would represent an unprecedented environmental success, as no
similarly threatened lake has been fully restored.
Council Member Catten thanked the presenters for providing the information. She felt there were
a lot of residents in Millcreek that cared about the lake and the environment. Hunt noted there
was a lack of awareness of the issue that kept people from being more proactive.
3. Staff Reports
Winder announced the Doxie Derby that week. The next public market will be Craft Lake City.
Roller skating will start April 1. The climbing wall was being improved and would open midApril. The council work meeting on April 13 will be a site visit at the Maliheh Clinic.
4. Discussion of Agenda Items, Correspondence, and/or Future Agenda Items
There was none.
Council Member DeSirant moved to reorder the agenda to move items 4.1 and 4.2 to the
work meeting. Council Member Uipi seconded. Mayor Jackson called for the vote. Council
Member Catten voted yes, Council Member DeSirant voted yes, Council Member Handy
voted yes, Council Member Uipi voted yes, and Mayor Jackson voted yes. The motion
passed unanimously.
Regular Meeting
4. Business Matters
4.1 First Reading of an Ordinance Adding Title 14 Chapter 59 to the Millcreek
Code of Ordinances with Respect to Millcreek Common and City Offices
John Brems said the ordinance would add definitions and rental authorizations for city
rentals and refer to fees in the fee schedule. If discounts are given, then a 10-8-2 study
process must take place which involves a public hearing. Mike Winder noted the
ordinance was aligning practice with state code.
4.2 First Reading of an Ordinance Amending and Restating Title 14 Chapter 58 of
the Millcreek Code of Ordinances with Respect to Special Events
John Brems said the ordinance would amend the existing code regarding special events.
There are different types of events based the intensity and a first amendment special

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event, such as a political event. The code acknowledged insurance requirements and fees
in the consolidated fee schedule.
5. Reports [From Regular Meeting]
5.1 Mayor’s Report
Mayor Jackson reported that she, along with Council Member Handy, Council Member
Uipi, and Mike Winder, recently spent several days in Washington, D.C., meeting with
the city’s congressional delegation, including staff from Senators Mitt Romney and Mike
Lee, as well as all four House representatives. They presented the Millcreek Commons
North project, seeking federal appropriations to support affordable housing in an area of
the city with high housing costs. The delegation responded positively, with
Representative Maloy’s office agreeing to submit the request and Senator Curtis and
others offering support. Mayor Jackson also attended the National League of Cities
conference, noting it provided valuable insights into common municipal challenges and
solutions. Additionally, she and Council Member Handy participated in an International
Women’s Day event hosted by the Utah Refugee Connection, which featured community
building, crafting, and dancing, providing an opportunity to connect with local refugee
and community women. There was also an upcoming performance of “12 Angry Jurors”
at City Hall and the Doxie Derby that weekend.
5.2 City Council Member Reports
Council Member Uipi reminded the community about the Transportation Utility Fee open
house on April 2 and the Easter egg hunt on April 4.
5.3 Treasurer’s Report
Council Member Catten provided a financial update. As of March 23, the operating
account balance was $6,482,833 and the PTIF account held $37,704,919, resulting in a
combined shared cash total of $44,187,752. Year-to-date revenues included $11,405,366
in property taxes, $8,054,197 from six months of general sales tax collections, and
$825,318 in building permit revenue, bringing total general fund revenue to
approximately $29.44 million. She also summarized February disbursements, noting that
144 checks were issued totaling $3,411,322, along with 28 electronic funds transfers and
bank drafts totaling $332,036. Payroll direct deposits for two pay periods amounted to
$367,522. Altogether, total disbursements for the month were approximately $4.11
million.
5.4 Staff Reports
There were none.
5.5 Unified Police Department Report
Chief Petty-Brown provided the February 2026 report, highlighting that the department
will have no true vacancies next week, with the traffic unit fully staffed with four
officers, three of whom are allocated to Millcreek (currently in FTO or the academy).
Response times averaged six minutes for priority one calls, seven minutes for priority
two, and 12 minutes for priority three. Calls for service increased from 720 in January to
811 in February, including 37 transient-related calls and 72 mental health calls.

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Traffic enforcement resulted in 353 citations, 70 U-turn violations, 86 accident reports,
and 12 DUI cases. The DEU unit handled 13 cases, made 15 arrests, executed 19 search
warrants, recovered two stolen vehicles and four firearms, and seized 36 grams of
methamphetamine and 25 grams of marijuana. They also participated in a major
investigation over the weekend involving approximately 17–20 pounds of meth or
fentanyl powder. Investigations included 21 assaults, 17 frauds, two burglaries, four sex
offenses, 11 stolen vehicles, 58 counts of larceny, 14 drug offenses, 57 domestic violence
cases, and one robbery. Millcreek precinct detectives were assigned 51 cases, four of
which were submitted to Holladay Justice Court. A community highlight included a
substitute teacher at Evergreen Junior High performing a successful Heimlich maneuver
and being recognized with a challenge coin for her heroic action.
Council Member Uipi asked about the police report spike. Chief Petty-Brown said there
was no explanation, sometimes it can be the warmer weather.
Council Member Uipi moved to adjourn the work meeting at 6:35 p.m. Council Member
DeSirant seconded. Mayor Jackson called for the vote. Council Member Catten voted yes,
Council Member DeSirant voted yes, Council Member Handy voted yes, Council Member
Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.

REGULAR MEETING – 7:00 p.m.
TIME COMMENCED: 7:00 p.m.
1. Welcome, Introduction and Preliminary Matters
1.1 Pledge of Allegiance
Mayor Jackson called the meeting to order and led the pledge of allegiance.
1.2 Unified Police Department Millcreek Precinct Officer of the Month for February
2026
Chief Petty-Brown recognized Officer Kyle Cadwallader as Officer of the Month for his
exceptional performance in February, noting that he received two separate nominations
from sergeants—a rare distinction that highlights his outstanding work. On February 25,
Officer Cadwallader responded to an aggravated assault at a Walmart parking lot, where
a suspect brandished a knife and attempted to force a victim from their vehicle. Officer
Cadwallader quickly secured the victim, broadcast the suspect’s description, located the
suspect nearby, and safely took him into custody, recovering the knife used in the assault.
The suspect was positively identified by the victim and subsequently booked on felony
charges. In a separate residential burglary case, Officer Cadwallader went above and
beyond typical patrol duties by actively investigating, reviewing Ring camera footage,
utilizing the license plate reader system, and obtaining a search warrant for the suspect’s
phone records. These efforts collectively established probable cause for criminal charges,
demonstrating his initiative, persistence, and meticulous attention to detail. His
professionalism, investigative skill, and dedication to the safety of the Millcreek
community make him a highly deserving recipient of this recognition.
1.3 Public Comment

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Andrei Tarrasov addressed the council to report that, following the previous meeting, his
clinic underwent an inspection by DOPL in response to a city complaint. He emphasized
that, under Utah’s HB 58 passed last year, it is considered unprofessional conduct for city
inspectors to retaliate against citizens. Tarrasov indicated that he is aware of his rights
under this law and, for the time being, intends to remain engaged in the process.
2. Financial Matters
2.1 Public Hearing to Consider Amending the Fiscal Year 2025-2026 Budget
Lisa Dudley presented the third budget amendment for the current fiscal year, beginning
with the general fund. With three quarters of the year complete, revenue projections for
various taxes were updated, including first-year collections from the transit tax and
municipal telecom license fees. An insurance payment for flood damage from the Utah
Local Governments Trust increased revenue, while the budgetary use of fund balance
served as the balancing figure to match expenditures, keeping the budget in balance.
Adjustments were made across departments, such as a $200,000 increase in the Facilities
department for flood-related building and grounds maintenance, funded by the insurance
claim, and minor reallocations within departments to cover shortfalls, with all intradepartment changes totaling zero.
Dudley also reviewed amendments for other city funds, including the CRAs. The
Millcreek Center CRA reflected adjustments from bond proceeds and related
expenditures, while the West Millcreek CRA reflected interest earnings. The newly
activated MedTech CRA recognized its first tax increment payments, with a portion
allocated to a special housing fund to ensure funds are restricted to housing purposes.
Additional amendments included small adjustments in special revenue funds, such as the
Community Foundation Board, stormwater utility, and recreation fee updates to refine
discount definitions and remove a two-hour minimum rental requirement. Finally, a
substitute ordinance with Exhibit B was presented to shift budgeted funds to support the
launch of the upcoming farmers market season, ensuring operational readiness for the
new year.
Council Member DeSirant moved to open the public hearing. Council Member Catten
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
There were no comments.
Council Member DeSirant moved to close the public hearing. Council Member Uipi
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.2 Discussion and Consideration of Ordinance 26-13, Amending the Fiscal Year
2025-2026 Budget
Council Member DeSirant moved to approve Ordinance 26-13, Amending the Fiscal Year
2025-2026 Budget as set forth in the attached Exhibit A and Exhibit B. Council Member

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Uipi seconded. The Recorder called for the vote. Council Member Catten voted yes,
Council Member DeSirant voted yes, Council Member Handy voted yes, Council Member
Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.3 Public Hearing to Consider a Monetary Contribution of up to $8,000 for High
School Scholarships
Winder provided an overview of the city’s annual scholarship program, which
traditionally awards one male and one female student from each of the four high schools
within or serving the city: Cottonwood High School, Olympus High School, Skyline
High School, and the International Charter School. This year, the scholarships have been
renamed the Silvestrini Scholars in honor of the city’s former mayor. Pending approval of
the vote, the application period will open soon, with a closing date of April 10, allowing
graduating seniors from these schools to apply through the city’s Promise Program.
Dudley noted that because public funds are being awarded to private individuals, the
scholarship program requires a public hearing as part of the approval process.
Mayor Jackson explained that renaming the scholarships to the Silvestrini Scholars is a
way to honor the former mayor’s dedication to the Promise Program and to recognize
deserving students while preserving his legacy within the city. She added that the
program originally began at Olympus High School, where Holladay contributed $1,000
each for a male and female graduating senior and encouraged matching contributions
from Millcreek, which the city fulfilled. A few years later, the mayor and council
expanded the program to include the other high schools, making it a citywide initiative
that has since become a meaningful and celebrated program.
Council Member DeSirant moved to open the public hearing. Council Member Uipi
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
There were no comments.
Council Member Catten moved to close the public hearing. Council Member Uipi
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.4 Discussion and Consideration of Ordinance 26-11, Approving Monetary
Contribution of up to $8,000 for High School Scholarships
Council Member Catten moved to approve Ordinance 26-11, Approving Monetary
Contribution of up to $8,000 for High School Scholarships. Council Member Handy
seconded. The Recorder called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.5 Public Hearing to Consider a Monetary Contribution of up to $5,000 to the East
Mill Creek Community Council

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Winder noted that historically the city has provided funding to community councils upon
request for various purposes. He specifically commended the East Mill Creek
Community Council for responsibly using their allocated funds rather than saving them,
providing detailed budgets for items such as permits, office supplies, and insurance. He
highlighted their contributions to community events, including Fourth of July
celebrations, as well as support for UPD and UFA meals. Dudley emphasized that staff
and the 10-8-2 study reviewed the council’s proposed $5,000 budget and deemed it
responsible, recommending it for council consideration.
Council Member Uipi moved to open the public hearing. Council Member Catten
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
There were no comments.
Council Member Uipi moved to close the public hearing. Council Member DeSirant
seconded. Mayor Jackson called for the vote. Council Member Catten voted yes, Council
Member DeSirant voted yes, Council Member Handy voted yes, Council Member Uipi
voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
2.6 Discussion and Consideration of Ordinance 26-12, Approving a Monetary
Contribution of up to $5,000 to the East Mill Creek Community Council
Council Member Uipi moved to approve item 2.6, Ordinance 26-12, Approving a Monetary
Contribution of up to $5,000 to the East Mill Creek Community Council. Council Member
DeSirant seconded. The Recorder called for the vote. Council Member Catten voted yes,
Council Member DeSirant voted yes, Council Member Handy voted yes, Council Member
Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.
3. Planning Matters
3.1 Discussion and Consideration of Ordinance 26-10, Rezoning 0.17 Acres of
Certain Property Located at Approximately 1575 East Millcreek Way from the R-16 (Single-Household Residential) Zone to the R-1-10 (Single-Household Residential)
Zone
Carlos Estudillo summarized a zoning application for 1575 East Maple Avenue, which
involves previously consolidated land from adjacent properties. The property has
undergone a series of boundary adjustments, including a 4,000-square-foot consolidation
in August 2021 and a 3,600-square-foot addition from a subdivision amendment. The
applicant is requesting to rezone the consolidated lot from R1-6 to R1-10 to match the
existing zone on 1575 East Millcreek Way. Estudillo noted that the proposed rezoning
would not change the property’s use, and any setbacks on the newly added portion would
conform to R-1-10 standards, primarily as side yards. No detrimental effects were
identified during the review process, and staff recommended approval. He recommended
that the city council approve application ZM-26-002 as presented.
Council Member DeSirant moved to approve Ordinance 26-10, Rezoning 0.17 Acres of
Certain Property Located at Approximately 1575 East Millcreek Way from the R-1-6

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(Single-Household Residential) Zone to the R-1-10 (Single-Household Residential) Zone.
Council Member Handy seconded. The Recorder called for the vote. Council Member
Catten voted yes, Council Member DeSirant voted yes, Council Member Handy voted yes,
Council Member Uipi voted yes, and Mayor Jackson voted yes. The motion passed
unanimously.
3.2 First Reading of ZM-25-003, Rezone Request from Commercial (C),
Commercial with Zone Condition (C/ZC), and the City Center Overlay Zone
(CCOZ) to Commercial (C) and City Center Overlay Zone – Development
Agreement (CCOZ-DA) at 3232 S Highland Drive; Brad Sanderson, Planner
Brad Sanderson presented a proposal for a redevelopment project in Millcreek’s City
Center area, involving a partnership between Millcreek, Ensign Design, and PEG
Development. The application seeks to rezone approximately 1.2 acres—comprised of
five parcels—from a commercial designation to a City Center Overlay Zone with an
associated development agreement and removal of an existing zoning condition. The
proposed project is a six-story, mixed-use development featuring ground-floor retail,
luxury residential condominiums, a hotel, and a concealed parking structure. The plan
aligns with the City Center Master Plan established in 2019, which envisions this area as
a high-density, mixed-use hub with active public spaces and amenities. The development
includes approximately 12,000 square feet of retail space, 25 high-end condominiums, a
hotel with around 108 rooms, structured parking wrapped within the building, and
rooftop amenities. Design considerations reflect extensive public outreach and feedback,
resulting in modifications such as improved building articulation and pedestrian-friendly
features. While the proposal largely complies with zoning and design standards, it
requests an exception to step-back requirements along Highland Drive due to site
constraints and the need to accommodate the integrated parking structure. Additional
elements include infrastructure improvements, traffic adjustments, and coordinated
access and utility planning. Overall, staff indicated that the project is consistent with
long-standing city goals and policies for creating a vibrant, high-intensity urban center,
and recommended it for consideration with further administrative approvals and
refinements to follow.
Council Member DeSirant suggested signed parking for large Millcreek Common events
to provide reserved parking spaces for the hotel. Winder said the only exception being
requested was for step backs. Mayor Jackson asked about dedicated parking space for
SLC Fitness. Winder said there could be signs, or whatever they wanted to do on their
private property. Council Member Uipi asked if the community councils provided any
feedback. Sanderson said all councils gave recommendations of denial with concerns
about height, though the Planning Commission unanimously recommended it.
5. Reports (see work meeting)
6. New Items for Subsequent Consideration
There was none.
7. Calendar of Upcoming Meetings
 Historic Preservation Commission Mtg., 4/9/26, 6:00 p.m.
 City Council Mtg., 4/13/26, 7:00 p.m.

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Millcreek City Council Meeting Minutes

23 March 2026 Page 12 of 12

ADJOURNED: Council Member Uipi moved to adjourn the meeting at 8:19 p.m. Council
Member DeSirant seconded. Mayor Jackson called for the vote. Council Member Catten
voted yes, Council Member DeSirant voted yes, Council Member Handy voted yes, Council
Member Uipi voted yes, and Mayor Jackson voted yes. The motion passed unanimously.

APPROVED: ______________________________ Date
Cheri Jackson, Mayor

Attest:

______________________________
Elyse Sullivan, City Recorder

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MILLCREEK COMMUNITY REINVESTMENT AGENCY
RESOLUTION NO. 26-02
A RESOLUTION OF THE MILLCREEK COMMUNITY REINVESTMENT AGENCY
APPROVING A PARTICIPATION AGREEMENT WITH MC29 DEVELOPMENT LLC
WHEREAS, the Millcreek Community Reinvestment Agency (“Agency) met in a regular
open and public meeting on April 13, 2026, to consider, among other things, approving a
participation agreement with MC29 Development LLC; and
WHEREAS, the Agency was created to transact the business and exercise all of the powers
provided for in the former Utah Redevelopment Agencies Act and the current Utah Community
Reinvestment Agency Act and any subsequent, replacement or amended law or act (the “Act”); and
WHEREAS, pursuant to the Act, and more particularly Utah Code Section 17C-1-202, the
Agency is authorized enter into participation agreements with developers or property owners; and
WHEREAS, MC29 and the Agency have negotiated a contract for repayment of certain
housing fund tax increment, the terms of which are set forth in the participation agreement
(“Agreement”) attached hereto as Exhibit A.
NOW THEREFORE BE IT RESOLVED by the Agency as follows:
1. that the Agreement be approved, with such minor changes and recommendations as deemed
necessary by the Agency.
2. that the Chair and Recorder are hereby authorized and directed to execute and deliver the
Agreement on behalf of the Agency.
3. that this resolution takes effect upon adoption.
PASSED AND APPROVED this 13th day of April 2026.
MILLCREEK COMMUNITY
REINVESTMENT AGENCY
By:____________________________________
Cheri Jackson, Chair
ATTEST:
_______________________________
Elyse Sullivan, Agency Recorder

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Roll Call Vote:
Jackson
Catten
DeSirant
Handy
Uipi

Yes
Yes
Yes
Yes
Yes

No
No
No
No
No

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EXHIBIT A
to Resolution No. 26-02
Participation Agreement

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PARTICIPATION AGREEMENT BY AND BETWEEN THE MILLCREEK
COMMUNITY REINVESTMENT AGENCY AND PARTICIPANT FOR
THE
MC29 PROJECT DEVELOPMENT
This Participation Agreement (the “Agreement”) is made and entered into as of this 7th
___ day of
April
_______, 2026 (the “Effective Date”), by and between the Millcreek Community Reinvestment
Agency (the “Agency”), a political subdivision of the State of Utah operating under the Utah
Community Reinvestment Agency Act (the “Act”; § 17C-1-101 et seq.) and MC29 Development
LLC, a Utah limited liability company (together with its successors and assigns, “Participant”).
Participant and the Agency may, from time to time, hereinafter be referred to individually as a
“Party” and collectively as the “Parties.”
1.

SUBJECT OF AGREEMENT
1.1.

Purpose of the Agreement

The purpose of this Agreement is to carry out the Agency’s use of its housing allowance by
providing for reimbursements to entice the Participant to develop and construct 23 income-targeted
owner-occupied residential condominiums (“Units”) located at 1285 East Villa Vistas Avenue,
which is in the boundaries of the Agency (such Units may also be referred to as the “Project”).
The purpose is also to specify the terms and conditions pursuant to which the Agency and
Participant will cooperate in bringing about the Project, including funds the Agency will provide
to assist in Participant’s development of the Project
1.2.

Agreement in the Best Interests of the City and Residents

This Agreement is in the vital and best interests of the Millcreek, Utah (the “City”), and the health,
safety, and welfare of its residents, and in accord with public purposes. This Agreement is
executed pursuant to the Act, specifically Utah Code § 17C-1-412.
1.3.

The Agency Boundaries

The Project is located within the Agency's boundaries.

1.4.

“Interlocal Agreements”; “Agency Share”; Certain Other Defined
Terms

Subject to the terms of various interlocal agreements between the Agency and certain taxing
entities (such interlocal agreements that pertain to payments the Agency is entitled to receive based
on property tax payments with respect to areas within the Agency and, in the case of some or all
of such interlocal agreements, the other property within the Project Area, collectively, “Interlocal
Agreements”, and such taxing entities that are parties to the Interlocal Agreements, the “Taxing
Entities”), the Agency is entitled to receive, for a period of up to 20 years, a portion of the Tax
Increment (as such term is defined in such Interlocal Agreements) from various project areas, a
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portion as identified in the various areas budget to be used for the Agency’s affordable housing
allocation (such payments are defined as the “Affordable Housing Allocation”).
1.4.1.

“Agency Share”

The term “Agency Share” means the portion of the Agency Share of the housing allocation that is
attributable to property taxes generated solely by the Agency paid with respect to real and personal
property within the Agency’s Budget. For clarity, the Parties acknowledge that (i) the Agency
Share “applicable to” or “with respect to” a given Tax Year means the portion of the Agency Share
of the housing allocation that is attributable to property taxes assessed and payable with respect to
such Tax Year, regardless of when such property taxes are paid and regardless of when the Agency
receives payment of the Agency Share attributable to such property taxes and (ii) the term “Agency
Share” does not include any funds received by the Agency pursuant to the Interlocal Agreements
attributable to taxes assessed and payable with respect to any period other than the Reimbursement
Term (or any portion of the Reimbursement Term).
1.4.1.

“Reimbursement Term”

The term “Reimbursement Term” means a period not to exceed ten years beginning on the
Reimbursement Term Commencement Date (as defined below).
1.4.2.

“Reimbursement Term Commencement Date”

The term “Reimbursement Term Commencement Date” means the date designated by
Participant in a written notice to the Agency as the date on which the Reimbursement Term will
commence.
1.4.3.
“Tax Year”
The term “Tax Year” means each of the ten calendar years beginning on the Reimbursement Term
Commencement Date.
1.5.

Description of the Project

The term “Project” means 23 income-targeted owner-occupied residential condominiums to be
constructed at 1285 East Villa Vistas Avenue. Income-targeted means housing means a “firsttime home buyer” of a “qualified residential unit” ( collectively “Income Targeted Housing”) as
defined in Utah Code § 63H-8-501, financed by Utah Housing Corporation (“Utah Housing”) as
part of the state of Utah’s First-Time Homebuyer Assistance Program and as set forth in Utah
Code § 63H-8-501 et seq.
1.6.

The Reimbursement

As used in this Agreement, the term “Reimbursement” means the portion of the Agencies’
affordable Housing Fund in an amount not to exceed $50,000 per Unit, not to exceed 23 units (or
$1,150,000 total).

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1.7.

Parties to the Agreement
1.7.1.

The Agency

The address of the Agency for purposes of this Agreement is:
Millcreek Community Reinvestment Agency
Attn: Executive Director
1330 East Chambers Avenue
Millcreek, UT 84106
With a copy to:
John Brems
1330 East Chambers Avenue
Millcreek, UT 84106
1.7.2.

The Participant

Participant’s address for purposes of this Agreement is:
MC29 Development LLC
10808 S River Front Parkway, Ste 3015
South Jordan, UT 84095
1.7.3.

Representation as to Investment Intent

Participant represents and agrees that its investment in and use of the Project and Participant’s
other undertakings reflected in this Agreement are and shall only be for the purpose of Participant’s
further development of and in the Project, for the purpose of further investment in Participant’s
business, and is not for speculation in land holding or otherwise.
1.7.4.

Assignment or Transfer of Agreement

Participant acknowledges and agrees that (a) Participant may not assign or transfer all or any part
of this Agreement, assign or transfer any of its rights herein or delegate any of its obligations
hereunder during the term of this Agreement except with the express written consent of the Agency
(and Participant acknowledges and agrees that the Agency may withhold its consent to such an
assignment, transfer or delegation if, in the sole discretion of the Agency, such assignment, transfer
or delegation would result in the economic development goals of the Agency and the Project area
not being met).

OBLIGATIONS OF THE PARTIES

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2.1.

Payment of Reimbursement
2.1.1.

Payment Obligation

Subject to the applicable terms and provisions of this Agreement, including, without limitation,
the terms and provisions of this Subsection and Subsections 2.2, below that condition or limit the
Agency’s obligation to remit, or the amount the Agency is obligated to remit, to Participant as
Reimbursement. The Agency shall remit payment of the Reimbursement based proportionately on
each fulfilled draw request received by the Participant from Utah Housing, as it relates to the total
commitment from Utah Housing (“Draw”). For example, if Utah Housing intends to commit
$8,000,000 to the entire Project, then Millcreek’s share is 14.375% ($1,150,000/$8,000,000 =
0.14375 or 14.375%). As a result, upon the Participant's receipt of $800,000 from Utah Housing
from a draw request (which is 10% of Utah Housing’s total intended commitment), the Participant
may then also request 10% of Millcreek’s share of their total intended commitment of $1,150,000,
or $115,000, provided that the current amount and all previous amounts paid by the Agency do
not exceed $50,000 per unit or $1,150,000 in total.
2.1.2.

Sole Source of Funding for the Reimbursement

The entirety of the Reimbursement payments to Participant contemplated in this Agreement will
be funded solely by the Agency Share payments received by the Agency pursuant to the Interlocal
Agreements. Participant is not, and shall not be, entitled to any other funds collected by the Agency
for any other portion of the Project Area or any other funds held by the Agency.
2.2.

Conditions Precedent to the Payment of the Reimbursement or the
Reimbursement Applicable to the Given Tax Year to Participant;
Certain Limitations on the Amount of the Reimbursement Applicable
to a Given Tax Year Payable to Participant

The Parties acknowledge that the provisions of Sections 2.2 constitute conditions precedent to the
Agency’s obligation to remit any Reimbursement payments with respect to a given Tax Year to
Participant and that other provisions of such subsections may limit the amount of Reimbursement
the Agency is obligated to remit to Participant with respect to a given Tax Year based on applicable
facts and circumstances. In addition to other provisions in this Agreement that condition or limit
the Agency’s obligation to remit Reimbursement payments or limit the amount of Reimbursement
the Agency is required to remit, (a) the Agency has no obligation to remit to Participant the
Reimbursement with respect to a given Tax Year unless and until all conditions precedent included
in Sections 2.2 applicable to the Reimbursement with respect to such Tax Year are satisfied and
(b) the amount of the Reimbursement the Agency shall be required to remit to Participant with
respect to a given Tax Year will be subject to any of the limitations described herein.
2.2.1.

Agency is Entitled to Receive the Agency Share

The Agency is only obligated to pay to Participant the Reimbursement amount that arises out of
Agency Share payments received by the Agency if and to the extent the Agency is legally entitled
to receive such Agency Share payments pursuant to the applicable Interlocal Agreement(s).

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2.2.2.

Agency has Actually Received the Agency Share Payment

The Agency is obligated to make Reimbursement payments with respect to a particular Tax Year
to the Participant only to the extent the Agency has actually received Agency Share payment(s)
from Salt Lake County or a Taxing Entity with respect to such particular Tax Year. The Agency
will use commercially reasonable efforts to pursue payment in full of the Agency Share for a
particular Tax Year if it does not receive payment in full on a timely basis.
2.2.3.

Continued Operation of the Project

The Agency is not obligated to pay to Participant the Reimbursement with respect to a particular
Tax Year unless the Project is an Income Targeted Housing project for the entirety of such Tax
Year (or, if the Project commences operations after January 1 of a Tax Year, continuously for the
period between the date the Project commences Operations and the end of such Tax Year).
2.2.4.

Request for Payment by Participant

The Agency is not obligated to pay the Reimbursement with respect to a particular Tax Year to
Participant unless Participant has made a Request for Payment in writing pursuant to Section 2.5
for the Reimbursement with respect to such Tax Year.
2.2.5.

Project Operations Have Commenced

The Agency is not obligated to pay the Reimbursement to the Participant unless the Participant
has begun construction of the income-targeted housing and has received a Draw.
2.2.6.

Investment

Reimbursement is available to the Participant only upon verification of the actual Draw received
from Utah Housing.
2.3.

Effect of Failure to Meet Conditions Precedent to Payment of
Reimbursement

In the event that the conditions precedent to the payment of any Reimbursement with respect to a
particular Tax Year, as included in Section 2.2, are not met for such Tax Year and the Participant
is thus not entitled to receive the Reimbursement with respect to such Tax Year, such failure shall
not constitute a Default under this Agreement.
2.4.

Limitations on Reimbursement

The amount of Reimbursement paid to Participant pursuant to this Agreement shall be limited as
follows:
2.4.1.
Draws
Reimbursement payments will be limited to the portions of the Draw received by the Participant
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from Utah Housing.
2.4.2.

Cap on Reimbursement

The total Reimbursement paid to the Participant under this Agreement shall not exceed $50,000
per Unit and $1,150,000 total Reimbursement.

2.5.

Request for Reimbursement

Participant shall submit to the Agency by May 1st of the year following each Tax Year a written
request for payment of the Reimbursement with respect to such Tax Year (each, a “Request for
Payment”). Participant’s Request for Payment shall include written documentation of actual
construction of the Units, the Units that the Request for Payment is attributable to, and the Draws
for which the Reimbursement is sought. Unless the Agency sends written notice to Participant of
a deficiency in the Request for Payment (which notice must specify in reasonable detail all alleged
deficiencies) within thirty (30) days of receipt of a Request for Payment, such Request for Payment
shall be deemed complete. Participant shall have a reasonable time not to exceed thirty (30) days
in which to rectify any deficiencies specified in a notice, and the Request for Payment shall be
deemed timely delivered in the event any such deficiencies are rectified within that period. If
Participant has timely delivered (or is deemed to have timely delivered) a Request for Payment
with respect to a given Tax Year and there is a Reimbursement Shortfall with respect to such Tax
Year, Participant will not be required to deliver any additional Request for Payment with respect
to such Tax Year as a condition to the Agency’s obligation to remit any remaining Reimbursement
with respect to such Tax Year to Participant.
2.6.

Reduction or Elimination of Reimbursement

The Parties agree that Participant assumes and accepts the risk of possible alteration of Federal or
State statute, rule, regulation, or other law, or adjudication rendering unlawful the collection,
receipt, disbursement, or application of the Agency Share to the Agency or the Reimbursement to
Participant as contemplated in and by this Agreement. If the provisions of Utah law that govern
the payment of the Agency Share to the Agency are changed or amended so as to reduce or
eliminate the amount paid to the Agency under the Interlocal Agreements, the Agency’s obligation
to pay Participant the Reimbursement will be proportionately reduced or eliminated, but only to
the extent necessary to comply with the changes in such law. Participant specifically reserves and
does not waive any right it may have to challenge, at Participant’s cost and expense, the validity,
enforceability, legality or constitutionality of any change in any Federal or State statute, rule,
regulation or other law that reduces or eliminates the payment of Agency Share to the Agency
and/or the payment of Reimbursement to Participant (any such change, a “Change in Law”),
including, without limitation, by (a) bringing, either individually or with other persons or entities,
legal proceedings challenging the validity, enforceability, legality or constitutionality of any
Change in Law or (b) joining (as a party or otherwise) any such legal proceedings that have been
brought by others (any such legal proceedings, “Reimbursement Proceedings”); and nothing
herein shall be construed as an estoppel, waiver or consent to reduce or eliminate payment of
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Agency Share to the Agency and/or payment of Reimbursement to Participant. Participant
acknowledges, understands, and agrees that the Agency is under no obligation to challenge the
validity, enforceability, legality or constitutionality of a Change in Law or to otherwise indemnify
or reimburse Participant for its actions to independently do so. Notwithstanding the foregoing, (i)
the Agency agrees that, at the request of Participant and at Participant’s cost and expense (and at
no cost to the Agency), the Agency will cooperate with Participant in all reasonable respects in
connection with Participant’s challenge of a Change in Law as contemplated above, (ii) the Agency
(A) acknowledges and agrees that (I) Participant is not a party to any of the Interlocal Agreements
or any other agreements to which the Agency is a party that relate to the Agency Share and the
Reimbursement, (II) the Interlocal Agreements include (and such other agreements may include)
provisions in which the parties expressly agree that other persons and entities are not third party
beneficiaries to such agreements and (III) due to the facts described in clauses (A)(I) and (II),
above, and other possible factual or legal matters, Participant may not have standing to challenge
a Change in Law or join in a Reimbursement Proceeding in a manner that could prevent or mitigate
the reduction or elimination of the payment of Agency Share to the Agency and/or the payment of
Reimbursement to Participant at all or to the same degree as the Agency, and (B) agrees that, at
the request of Participant and at Participant’s cost and expense (and at no cost to the Agency), it
will (I) challenge a Change in Law and/or join in a Reimbursement Proceeding in its own name,
(II) join, in its own name, Participant in challenging a Change in Law or in joining in a
Reimbursement Proceeding and/or (III) authorize Participant to challenge a Change in Law and/or
join in a Reimbursement Proceeding in the Agency’s name, and (iii) in connection with its
agreements in clauses (i) and (ii), above, at the request of Participant and at Participant’s cost and
expense (and at no cost to the Agency), the Agency will take such actions in connection with any
such challenge of a Change in Law or Reimbursement Proceeding as Participant (A) reasonably
believes the Agency must or may be required to take in connection with such challenge or
Reimbursement Proceeding and/or (B) reasonably directs the Agency to take, including, without
limitation, (I) taking any such action for or on behalf of Participant or itself, (II) joining Participant
in taking any such action, (III) authorizing Participant to act for, on behalf of or in the name of the
Agency with respect to any such action and/or (IV) executing such documents as Participant
reasonably requests the Agency to execute.
2.7.

Declaration of Invalidity

In the event any legal action is filed in a court of competent jurisdiction that seeks to invalidate the
Project Area or this Agreement or that otherwise seeks to or would have the possible result of
reducing or eliminating the payment of the Agency Share to the Agency (any such action, an
“Invalidation Action”), the Agency shall provide written notice of such Invalidation Action to
Participant. In the event an Invalidation Action is filed, the Agency shall have no obligation to
challenge that Invalidation Action or defend itself against such Invalidation Action. If requested
by Participant, the Agency may, at its sole discretion, take such actions as may be reasonably
required to defend such Invalidation Action and to address the grounds for any causes of action
that could result in the reduction or elimination of the payment of the Agency Share to the Agency
or the Reimbursement to Participant as contemplated in and by this Agreement. Participant
specifically reserves and does not waive any right it may have to intervene, at Participant’s cost
and expense, in any such Invalidation Action and challenge the basis for any causes of action or
any remedy sought that would reduce or eliminate the payment of the Reimbursement to the
Agency and/or Participant, and nothing herein shall be construed as an estoppel, waiver or consent
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to reduce or eliminate payment of the Agency Share to the Agency and/or the Reimbursement to
Participant. Notwithstanding the foregoing, (a) the Agency agrees that, at the request of Participant
and at Participant’s cost and expense (and at no cost to the Agency), the Agency will cooperate
with Participant in all reasonable respects in connection with Participant’s intervention in an
Invalidation Action and bringing the challenges described above in this section, (b) the Agency (i)
acknowledges and agrees that (A) Participant is not a party to any of the Interlocal Agreements or
any other agreements to which the Agency is a party that relate to the Agency Share and the
Reimbursement, (B) the Interlocal Agreements include (and such other agreements may include)
provisions in which the parties expressly agree that other persons and entities are not third party
beneficiaries to such agreements and (C) due to the facts described in clauses (i)(A) and (B), above,
and other possible factual or legal matters, Participant may not have standing to intervene in any
or all Invalidation Actions or challenge the basis for any causes of action or any remedy sought
that would reduce or eliminate the payment of the Reimbursement to the Agency and/or Participant
in a manner that could prevent or mitigate the reduction or elimination of the payment of Agency
Share to the Agency and/or the payment of Reimbursement to Participant at all or to the same
degree as the Agency, and (ii) agrees that, at the request of Participant and at Participant’s cost and
expense (and at no cost to the Agency), it will (A) challenge an Invalidation or defend itself in an
Invalidation Action in its own name, (B) join, in its own name, Participant in challenging or
defending an Invalidation Action and/or (C) authorize Participant to challenge an Invalidation
Action or defend the Agency in an Invalidation Action in the Agency’s name, and (c) in connection
with its agreements in clauses (a) and (b), above, at the request of Participant and at Participant’s
cost and expense (and at no cost to the Agency), the Agency will take such actions in connection
with any such challenge of an Invalidation Action or defense of an Invalidation Action as
Participant (i) reasonably believes the Agency must or may be required to take in connection with
such challenge or defense and/or (ii) reasonably directs the Agency to take, including, without
limitation, (A) taking any such action for or on behalf of Participant or itself, (B) joining Participant
in taking any such action, (C) authorizing Participant to act for, on behalf of or in the name of the
Agency with respect to any such action and/or (D) executing such documents as Participant
reasonably requests the Agency to execute. In the event that the court declares that the Agency
cannot receive the Agency Share and/or cannot remit Reimbursement to Participant, invalidates
the Project Area or this Agreement, or takes any other action which eliminates or reduces the
amount of Agency Share paid to the Agency and/or the Reimbursement paid to Participant, and
the grounds for the legal determination cannot reasonably be addressed by the Agency, the
Agency’s obligation to pay to Participant the Reimbursement in accordance with this Agreement
will be reduced or eliminated to the extent that the Agency Share is not received by the Agency.
2.8.

Dispute over Receipt of Payment of the Reimbursement

If not due to the act, error or omission of the Agency, in the event a dispute arises as to the person
or entity entitled to receive all or any portion of the Reimbursement under this Agreement with
respect to a given Tax Year due to a claimed assignment or claimed successor-in-interest to such
portion of the Reimbursement or otherwise, the Agency may withhold payment of the portion of
the Reimbursement in dispute and may refrain from taking any other action required of it by this
Agreement with respect to such portion of the Reimbursement until the dispute is resolved either
by agreement of the persons or entities claiming to be entitled to such portion of the
Reimbursement or by a court of competent jurisdiction and sufficient evidence of such resolution
is provided to the Agency. The foregoing provisions of this section with respect to the timing of
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the Agency’s payment of withheld Reimbursement amounts described above are subject to the
provisions hereof 2.2. the Agency shall be entitled to deduct from its payment of the
Reimbursement any costs or expenses, including reasonable attorney fees, incurred by the Agency
due to the dispute, except in the instance that the dispute arises due to the act, error or omission of
the Agency, in which case the Agency shall be responsible for all costs and expenses including
reasonable and actual attorney fees.

2.9.

Operation of the Project

For purposes of this Agreement, “Operate”, “Operated”, “Operating”, “Operational” or
“Operations” of the Project, all required permits, licenses, or other approvals have been obtained
for the person to occupy the Project. For purposes of this Agreement, Participant shall be deemed
to have continuously Operated the Project if the foregoing standards are substantially met or
exceeded, notwithstanding temporary cessation for inspection, maintenance, repair, replacement,
down-time or not using portions of the Project that are not material in size in the ordinary course
of business and operations, Events of Force Majeure, and/or damage or destruction.
2.10.

Commencement of Operations

For purposes of this Agreement, Operations of the Project shall be deemed to have commenced if
the applicable conditions and standards in Section 2.11 are met. If Participant fails to commence
Operations of the Project on or before June 30, 2027 for any reason other than Events of Force
Majeure, the Agency shall have the right to terminate this Agreement upon written notice to
Participant at any time prior to commencement of Operations of the Project, subject, however, to
any notice requirements, cure periods, limitations or requirements set forth herein.
2.11.

Continuing Operations

Operations of the Project as described in Section 2.11 shall continue throughout the term of this
Agreement as set forth in Article 4. If Participant ceases to construct the Income Targeted Housing
for a continuous period of more than one year for any reason other than Events of Force Majeure
and/or damage or destruction, the Agency shall have the right to terminate this Agreement upon
written notice to Participant at any time during such cessation.
2.12.

Funding Responsibility

The Parties understand and agree that funding for the Project comes entirely from Participant’s
internal capital or from financing obtained by Participant. The Agency shall not be liable or
responsible for providing, obtaining, or guaranteeing such financing.

ADDITIONAL TERMS
3.1.

Project

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The Participant will be responsible at all times for the Project. Recognizing the level of investment
by Participant, the Agency has determined that it is in the best interests of the residents of the City
to provide the Reimbursement to Participant to develop the Project, undertake the investment, and
meet the continued Operation requirements with respect to the Project, as contemplated in this
Agreement.
3.2.

Responsibility for Development Plans and Permits

The Agency shall not be responsible for obtaining permits, licenses, or other approvals for the
Project.
3.3.

Other Terms
3.3.1.

City Land Use Authority

Participant acknowledges that nothing in this Agreement shall be deemed to supersede, waive, or
replace the City’s authority over land use, zoning, and permitting within the City.
3.3.2.

Indemnification

Participant agrees to and shall indemnify, defend, and hold the Agency and its directors, officers,
agents, employees, and representatives harmless from and against all liability, loss, damage, costs,
or expenses (including reasonable attorney fees and court costs) arising from or as a result of the
death of any person, or any accident, injury, loss, or damage whatsoever caused to any third party
person or to the property of any third party person, directly or indirectly caused by any acts done
or any errors or omissions of Participant or its directors, officers, agents, employees, consultants,
and contractors on the Project except for willful misconduct or negligent acts or omissions of the
Agency, the City, or their respective directors, officers, agents, employees, contractors, and
consultants. Likewise, the Agency agrees to and shall indemnify, defend, and hold Participant and
its directors, officers, agents, employees, and representatives harmless from and against all
liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs)
arising from or as a result of the death of any person, or any accident, injury, loss, or damage
whatsoever caused to any third party person or to the property of any third party person, directly
or indirectly caused by any acts done or any errors or omissions of the Agency, the City, or their
respective directors, officers, agents, employees, contractors and consultants except for willful
misconduct or negligent acts or omissions of Participant or its directors, officers, agents,
employees, consultants, and contractors.
3.3.3.

Limits on Liability

In no event shall one Party be liable to the other(s) for consequential, special, incidental, indirect,
exemplary, or punitive damages of any kind (including, but not limited to, loss of profits, loss of
reputation, or loss of current or prospective business advantage, even where such losses are
characterized as direct damages) arising out of or in any way related to the relationship or dealings
between Participant and the Agency, regardless of whether the claim under which damages are
sought is based upon contract, tort, negligence (of any kind), willful misconduct, strict liability or

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otherwise, and regardless of whether the parties have been advised of the possibility of such
damages at the time of contracting or otherwise.
3.3.4.

Local, State, and Federal Laws

Participant shall make the Investment and utilize the Project in material conformity with all
applicable laws; provided, however, that unless otherwise addressed elsewhere in this Agreement,
nothing herein shall limit the right of Participant to properly challenge any such law, the
applicability of any such law or allegations of non-compliance with any such law.
3.3.5.

Rights of Access

Representatives of the Agency shall have the right of reasonable access to the Project for purposes
of inspection, with reasonable and prior written notice (but in no event less than 48 hours prior),
and without charges or fees, during normal business hours or as otherwise agreed to in writing by
Participant, subject, however, to the rules, regulations, security protocols and other access
limitations for safety and security purposes as required by Participant.
3.3.6.

Responsibility of the Agency

The Agency shall not have any obligation under this Agreement other than those specifically
provided for herein. Except as expressly provided for in this Agreement, nothing herein shall be
construed as requiring the Agency to pre-approve or prejudge any matter, or as otherwise binding
the Agency’s discretion or judgment on any issue prior to an appropriate hearing (if required),
review, or compliance with any other requirement.
3.3.7.

Non-waiver of Governmental Immunity

Nothing in this Agreement shall be construed as a waiver of any immunity, protection, or rights
granted to the Agency under the Governmental Immunity Act of Utah, Utah Code §63G-7-101, et
seq.
3.3.8.

Agency and City Publicity

Throughout the term of this Agreement and notwithstanding any agreements to the contrary, the
Agency shall have the right to freely use the following facts and information in Agency and City
marketing, promotional, and publicity materials (together, “Promotional Materials”): (i) the
presence of Participant’s operations in the City, (ii) the approximate number of homes in the
Project, (iii) Participant’s approximate total Investment relating to the Project within the City, (iv)
timing of Participant’s initial and subsequent investments within the City, (v) the details of the
Reimbursement and the expected benefits to the City, (vi) the location of the Project, and (vii)
publicly-available information about Participant and its operations and history.
Except as required by the Utah Government Records Access and Management Act, the Agency
shall not disclose any nonpublic information about Participant or Participant’s operations within
the Project as part of any Promotional Materials or press releases.

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EFFECT AND DURATION OF COVENANTS; TERM OF AGREEMENT

The covenants by either of the Parties established in this Agreement, including but not limited to
covenants with respect to conformance with federal, local, and state laws, shall, without regard to
technical classification and designation, be binding on such Party and any of its successors and
assigns for the benefit of the other Party and its successors and assigns during the term of this
Agreement. The term of this Agreement shall commence on the date first written above in this
Agreement and, unless earlier terminated in accordance with the terms and provisions of this
Agreement, shall end upon the later of: (a) Ten years after the Agency’s final payment of all
Reimbursement to which Participant is entitled under the terms and provisions of this Agreement
(including such terms and provisions that condition the obligation of the Agency to make
Reimbursement payments with respect to a given portion of any such Tax Year or limit the amount
of Reimbursement the Agency is required to make with respect to a given Tax Year) or (b) upon
the written agreement signed by the Parties hereto.
5.

DEFAULTS, REMEDIES, AND TERMINATION
5.1.

Default

If either the Agency or Participant fails to perform or delays performance of any material
obligation of this Agreement and fails to cure as provided for in this Article 5, such conduct
constitutes a default of this Agreement (“Default”).
5.2.

Notice

If a Default under this Agreement occurs, the non-defaulting Party may give written notice (a
“Default Notice”) of the Default to the defaulting Party, specifying the nature of the Default.
Failure or delay in giving such notice shall not constitute a waiver of any Default, nor shall it
change the time of Default, nor shall it operate as a waiver of any rights or remedies of the nondefaulting Party; but the non-defaulting Party shall have no right to exercise any right or remedy
hereunder with respect to such Default without delivering the Default Notice as provided herein.
Delays by either Party in asserting any of its rights and remedies shall not deprive the other Party
of its right to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert, or enforce any such rights or remedies.
5.3.

Cure Period

The non-defaulting Party shall have no right to exercise any right or remedy hereunder with respect
to the other Party’s Default unless the subject Default continues uncured for a period of thirty (30)
days after delivery of the Default Notice with respect thereto, or, where the Default is of a nature
which cannot be cured within such thirty (30) day period, the defaulting Party fails to commence
such cure within thirty (30) days and to diligently proceed to complete the same. A Default which
can be cured by the payment of money is understood and agreed to be among the types of defaults
which can be cured within thirty (30) days; provided, however, that this sentence shall not be
construed to limit Participant’s right to challenge a claim that Participant is obligated to make a
payment that is alleged in a Default Notice or the amount claimed in a Default Notice. If the Default
is not cured by such Party within thirty (30) days of delivery of the Default Notice or commenced

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to be cured if such default is of a nature which cannot be cured within thirty (30) days, such failure
to cure shall be an Event of Default.
5.3.1.

Rights and Remedies

Upon the occurrence of an Event of Default, the non-defaulting Party shall have, and may pursue,
all remedies provided for in this Agreement with respect to such Event of Default and shall have
the right to obtain specific performance, unless otherwise limited by the express provisions set
forth in this Agreement. Such remedies are cumulative and, unless otherwise limited by the express
provisions set forth in this Agreement, the exercise of one or more of such rights or remedies shall
not preclude the exercise, at the same or different times, of any other rights or remedies for the
same Default or any other Default by the defaulting Party. Notwithstanding the foregoing, if
Participant fails to commence or continue Project as contemplated herein or fails to cure or
commence to cure, as applicable, a Default within the applicable period described herein such that
the applicable Default gives rise to an Event of Default, then in such case Agency’s sole remedy
shall be to terminate this Agreement upon payment of any amounts that may be due from
Participant to the Agency and/or from the Agency to Participant under this Agreement (for clarity,
Agency may not commence an action against Participant for specific performance to commence
or continue Operations, make the Investment or cure any other Default by Participant Party,
provided, however, if Participant (a) commences Operations or resumes Operations after a failure
to commence or continue Operations or (b) cures (or, when applicable, commence to cure) a
Default that has led to an Event of Default (other than a Default contemplated by clause (a), above)
before Agency notifies Participant that it is terminating this Agreement as a result of any of the
failures on Participant’s part described in clauses (a) and (b), above, Agency may not terminate
this Agreement, but Agency may withhold any and all Reimbursement Payments otherwise
payable to Participant that relate to or arise out of any Agency Share that Agency receives at any
time to the extent such Agency Share is based on property taxes paid or payable with respect to (i)
the period prior to commencement of Operations, (ii) the period during which Participant’s failure
to continue the Operations would give Agency the right not to deliver Reimbursement payments
to Participant as a result of such failure or (iii) the period between the time a Default described in
clause (b), above, has become an Event of Default and the time Participant has cured or
commenced to cure, as applicable, such Default. Additionally, nothing in this Section 5.3.1 or
elsewhere in this Agreement will limit Agency’s right to assert claims or initiate actions against
Participant to collect, or pursue a judgment against Participant for, amounts Participant has failed
to pay Agency pursuant to the terms and provisions of this Agreement.
5.3.2.

Legal Actions
5.3.2.1.

Venue

All legal actions between the Parties, arising under this Agreement, shall be conducted exclusively
in the Third District Court for the State of Utah located in Salt Lake County, Utah, unless they
involve a case with federal jurisdiction, in which case they shall be conducted exclusively in the
Federal District Court for the District of Utah.
5.3.2.2.

Service of Process

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Service of process on the Agency shall be made by personal service upon the Chairman or
Executive Director of the Agency or in such other manner as may be provided by law. Service of
process on Participant shall be by personal service upon its Registered Agents, or in such other
manner as may be provided by law, whether made within or without the State of Utah.
5.3.2.3.

Applicable Law

The laws of the State of Utah shall govern the interpretation and enforcement of this Agreement.
5.3.2.4.

Waiver of Trial by Jury.

EACH PARTY ABSOLUTELY AND UNCONDITIONALLY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS TO TRIAL BY JURY IN
CONNECTION WITH ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
6.

GENERAL PROVISIONS
6.1.

Authority

Each Party hereby represents and warrants to the other that the following statements are true,
complete, and not misleading as regards to the representing and warranting party: (a) such Party
has full authority to enter into this Agreement and to perform all of its obligations hereunder; (b)
those executing this Agreement on behalf of each Party do so with the full authority of the Party
each represents; (c) this Agreement constitutes a legal, valid, and binding obligation of each Party,
enforceable in accordance with its terms.
6.2.

Notices, Demands, and Communications between the Parties

Formal notices, demands, and communications between the Agency and Participant shall be
sufficiently given if emailed and: (1) personally delivered; or (2) if dispatched by registered or
certified mail, postage prepaid, return-receipt requested, to the principal offices of the Agency and
Participant, as designated herein. Such written notices, demands, and communications may be
sent in the same manner to such other addresses as either Party may from time to time designate
by formal notice hereunder. Delivery of notice shall be complete upon mailing or making physical
delivery of the writing containing the notice.
6.3.

Severability

In the event that any condition, covenant or other provision herein contained is held to be invalid
or void by a court of competent jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect any other covenant or condition herein
contained unless such severance shall have a material effect on the terms of this Agreement. If
such a condition, covenant, or other provision shall be deemed invalid due to its scope, all other
provisions shall be deemed valid to the extent of the scope or breadth permitted by law.

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6.4.

No Liability of Officials and Employees

No director, officer, agent, employee, representative, contractor, attorney, or consultant of the
Parties hereto shall be personally liable to any other Party hereto, or any successor-in-interest
thereof, in the event of any Default or breach by a Party hereto or for any amount which may
become due to a Party hereto or to its successor, or on any obligations under the terms of this
Agreement.
6.5.

Enforced Delay; Extension of Time and Performance

In addition to the specific provisions of this Agreement, performance by either Party hereunder
shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes,
lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, terrorist
activity, epidemics, quarantine restrictions, freight embargoes, lack of transportation, unusually
severe weather, or any other causes beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform. An extension of time for any such cause shall be for the
period of the enforced delay and shall commence to run from the time of the commencement of
the cause, if notice by the Party claiming such extension is sent, whether on the part of the
Agency’s Executive Director or its governing board or on the part of Participant, to the other Party
within thirty (30) days of actual knowledge of the commencement of the cause. Time of
performance under this Agreement may also be extended in writing by the Agency and Participant
by mutual agreement.
6.6.

Approvals

Whenever the consent or approval is required of any Party hereunder, except as otherwise herein
specifically provided, such consent or approval shall not be unreasonably withheld or delayed.
6.7.

Attorney Fees

In the event of any litigation arising from or related to this Agreement, the prevailing Party shall
be entitled to recover from the non-prevailing party all reasonable costs and attorney fees related
to such litigation.
6.8.

Interpretation

The Parties hereto agree that they intend by this Agreement to create only the contractual
relationship established herein, and that no provision hereof, or act of either Party hereunder, shall
be construed as creating the relationship of principal and agent, or a partnership, or a joint venture,
or an enterprise between the Parties hereto.
6.9.

No Third-Party Beneficiaries

It is understood and agreed that this Agreement shall not create for either Party any independent
duties, liabilities, agreements, or rights to or with any third party, nor does this Agreement
contemplate or intend that any benefits hereunder accrue to any third party.

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6.10.

Mediation

In the event a dispute arises between the parties with respect to the terms of this Agreement or the
performance of any contractual obligation by one or both of the parties, the parties agree to submit
the matter to formal and confidential non-binding mediation before any judicial action may be
initiated, unless an immediate court order is needed or a statute of limitations period will run before
mediation can be reasonably completed. A mediator will be selected by mutual agreement of the
parties. The parties must mediate in good faith to resolve the dispute in a timely manner. Each
party will be responsible for its own costs and for one-half of the mediator’s costs. The place of
mediation shall be Millcreek, Utah.
6.11.

Divisions; Headings; Cross References

The division of this Agreement into Articles, Sections and Subsections and the use of titles,
headings or captions in connection therewith are only for convenience and for reference and in no
way define, limit, extend, or describe the scope of this Agreement or the intent of any provision
hereof and shall have no legal effect in construing the provisions of this Agreement. Unless
indicated otherwise, references in this Agreement to Articles, Sections, Schedules and Exhibits are
to articles, sections, schedules and exhibits of this Agreement.
6.12.

Contra Proferentum

This is an arm’s-length Agreement: The Parties have read this Agreement and have executed it
voluntarily after having been apprised of all relevant information and the risks involved and having
had the opportunity to obtain legal counsel of their choice. Consequently, no provision of this
Agreement shall be construed against either Party based on which Party drafted the provision in
question.
6.13.

Further Assurances

The Parties shall cooperate, take such additional actions, sign such additional documentation, and
provide such additional information as reasonably necessary to accomplish the objectives set forth
in this Agreement.
6.14.

Incorporation of Recitals and Exhibits

All recitals and exhibits attached hereto are incorporated into this Agreement as if fully set forth
herein.
6.15.

Force Majeure; Events of Force Majeure

If, by reason of an Event of Force Majeure (as defined below), Participant is unable in whole or
in part to (a) carry out any of its obligation or agreements under this Agreement or (b) cure (or,
when applicable, commence to cure) any Default by Participant (whether such Default occurred,
or the Agency delivered a Default Notice with respect to such Default, prior to or after an
applicable Event of Force Majeure), (i) Participant shall be deemed to not be in Default during the

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continuance of such inability and for the duration of any delay caused by such inability (any such
period, a “Force Majeure Period”) and (ii) the period within which Participant may cure (or,
when applicable, commence to cure) a Default before such Default gives rise to an Event of Default
shall be extended by a length of time that is equal in duration to the applicable Force Majeure
Period. Additionally, if, by reason of an Event of Force Majeure, any of the conditions to the
Agency’s delivery of any portion of the Reimbursement with respect to a given period have not
been satisfied by the date or within the period contemplated in this Agreement with respect to such
condition, the date by which, or the period during which, such unfulfilled condition must be
satisfied and all dates and periods relevant to the applicable Reimbursement shall be extended by
a length of time that is equal in duration to the applicable Force Majeure Period. The term “Event
of Force Majeure” as used herein shall mean an event that is either not reasonably foreseeable or
anticipated or cannot reasonably be controlled by Participant or, in the case of conditions to
delivering Reimbursement payments, that prohibits, precludes, delays or materially interferes with
(x) the performance of the relevant agreement or obligation of Participant or with Participant’s
satisfaction of any conditions or limitations in this Agreement to the Agency’s delivery of any
portion of the Reimbursement with respect to any period (including, without limitation, the
development and construction of the new patient tower, making any or all of the renovations or
improvements contemplated hereby, making the investment, obtaining or receiving any of the
licenses, permits or other approvals contemplated herein or the taking of any other action that may
be required to commence or continue Operations of the Project) or (y) the satisfaction of any
condition to the Agency’s delivery of any portion of the Reimbursement with respect to any period
that is not within the control of Participant (including, without limitation, any of the conditions or
limitations included in Sections 2.2.), which events include, without limitation strikes; lockouts;
the enactment, imposition or modification of any orders of any governmental body, including the
government of the United States, the State of Utah, Salt Lake County, the City or any of their
departments, agencies, or officials, or any civil or military authority which occurs after the
Effective Date and prohibits, precludes, delays or materially interferes with the performance of the
relevant agreement of Participant or the satisfaction of any condition on its part; war; terrorist
activities; sabotage; acts of public enemies; insurrections; riots; epidemics; pandemics; fire
(whether or not an act of nature); landslides, earthquakes, sinkholes, floods, hurricanes, tornadoes,
lightning, other unusually inclement weather or other natural disasters of acts of nature; or
explosions; it being agreed that the settlement of strikes, lockouts, and other industrial disturbances
shall be entirely within the discretion of Participant, and Participant shall not be required to make
settlement of strikes, lockouts, and other industrial disturbances by acceding to the demands of the
opposing party or parties when such course is, in the judgment of Participant, unfavorable to
Participant.
7.

DUPLICATION, INTEGRATION, WAIVERS, AND AMENDMENTS
7.1.

Duplicate Originals

This Agreement may be executed in duplicate originals, each of which shall be deemed an original.
Electronic pdf signatures shall be considered original signatures and scans of original documents
shall be treated as original documents.
7.2.

Integration

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This Agreement (including its exhibits) constitutes the entire understanding and agreement of the
Parties regarding the subject matter thereof. When executed by the Parties, this Agreement
integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the Parties with respect to the subject matter thereof.
7.3.

Waivers and Amendments

All waivers of the provisions of this Agreement must be in writing. This Agreement and any
provisions hereof may be amended only by mutual written agreement between Participant and the
Agency.
[Remainder of page intentionally left blank; signature pages to follow]

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MILLCREEK COMMUNITY
REINVESTMENT AGENCY

By:______________________________
, Executive Director
Attest:
By:___________________________________
, Secretary

MC29 DEVELOPMENT LLC
By:
______________________________
Name: Mike Oborn
Title: Member

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EXHIBIT A
(List of Investments)

4827-0012-6432.14

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Minutes of the
Millcreek Community Reinvestment Agency
March 23, 2026
7:00 p.m.
Regular Meeting

The Community Reinvestment Agency of Millcreek, Utah, met in a regular public meeting on
March 23, 2026, at City Hall, located at 1330 E. Chambers Avenue, Millcreek, Utah 84106.
PRESENT:
Board Members
Cheri Jackson, Chair
Silvia Catten
Thom DeSirant
Nicole Handy
Bev Uipi

City Staff
Mike Winder, City Manager
Elyse Sullivan, Agency Recorder
Kurt Hansen, Facilities Director
John Brems, City Attorney
Francis Lilly, Assistant City Manager
Lisa Dudley, HR-Finance Director

Attendees: No public attendees
REGULAR MEETING: 7:00 p.m.
TIME COMMENCED: 8:23 p.m.

Chair Jackson called the meeting to order.
1. Public Hearing to Consider Amending the Fiscal Year 2025-2026 Budget
Lisa Dudley explained that the Community Reinvestment Agency operates as a separate entity
from the city, requiring its board to review and approve its own budget amendments. The
materials presented were a reiteration of slides previously shared with the City Council that
night, focusing on amendments to the Millcreek Center CRA budget, largely driven by a bond
transaction that was finalized after the original budget had been adopted. As a result, the
amendments incorporate updated figures based on the finalized transaction.
For Fund 202 (West Millcreek CRA), the amendment primarily reflects an increase in interest
income, with the revised budget based on year-to-date actuals. Fund 205 (Med Tech CRA)
shows both the original and amended budgets as zero because the CRA was established after the
budget cycle for the 2025 tax year; following receipt of its first tax increment distribution, a
budget is now being formally established. All CRA funds are expected to undergo additional
amendments once year-end settlement data is received from the county. Additionally, Fund 220,
the CRA Aggregate Housing Fund, represents the consolidation of required housing set-asides
from each CRA, with designated percentages transferred from individual project funds into a
centralized fund to support housing initiatives collectively.

Page 157 of 157

Millcreek CRA Meeting Minutes

23 March 2026 Page 2 of 2

Board Member DeSirant moved to open the public hearing. Board Member Catten
seconded the motion. The Recorder called for the vote. Board Member Catten voted yes,
Board Member DeSirant voted yes, Board Member Handy voted yes, Board Member Uipi
voted yes, and Chair Jackson voted yes. The motion passed unanimously.
There were no comments.
Board Member DeSirant moved to close the public hearing. Board Member Catten
seconded the motion. The Recorder called for the vote. Board Member Catten voted yes,
Board Member DeSirant voted yes, Board Member Handy voted yes, Board Member Uipi
voted yes, and Chair Jackson voted yes. The motion passed unanimously.
2. Discussion and Consideration of Resolution 26-01, Amending the Community
Reinvestment Agency (CRA) Annual Budget for the Fiscal Year Beginning July 1, 2025,
and Ending June 30, 2026
Board Member Handy moved to approve Resolution 26-01, Amending the Community
Reinvestment Agency Annual Budget for the Fiscal Year Beginning July 1, 2025, and
Ending June 30, 2026. Board Member DeSirant seconded the motion. The Recorder called
for the vote. Board Member Catten voted yes, Board Member DeSirant voted yes, Board
Member Handy voted yes, Board Member Uipi voted yes, and Chair Jackson voted yes.
The motion passed unanimously.
3. Approval of July 28, 2025 Meeting Minutes
Board Member DeSirant moved to approve the minutes from July 28, 2025. Board
Member Catten seconded the motion. Chair Jackson called for the vote. Board Member
Catten voted yes, Board Member DeSirant voted yes, Board Member Handy voted yes,
Board Member Uipi voted yes, and Chair Jackson voted yes. The motion passed
unanimously.

ADJOURNED: Board Member Handy moved to adjourn the meeting at 8:28 p.m. Board
Member Uipi seconded. Chair Jackson called for the vote. Board Member Catten voted
yes, Board Member DeSirant voted yes, Board Member Handy voted yes, Board Member
Uipi voted yes, and Chair Jackson voted yes. The motion passed unanimously.

APPROVED: ______________________________ Date
Cheri Jackson, Chair

Attest:

______________________________
Elyse Sullivan, Agency Recorder

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