Council waives paving requirement for FERBO site, directs staff to secure 60-foot easement

The Milford City Council voted during its March 13 work session to waive the city’s usual requirement that the developer (FERBO) pave the adjacent road and instructed staff to draft a written agreement and obtain a 60-foot easement on 900 to preserve future options.

Chair (S1) opened the discussion by recalling the prior debate and telling the council that members “agreed that we didn't want them to require half a road” when the county property next door might never be developed. Staff and council members raised concerns about forcing the developer into a partial paving scenario and about state (UDOT) approach requirements. Staff (S4) noted UDOT may impose its own standards for approaches along the highway and recommended staff meet with UDOT before finalizing any work.

Council member (S3) moved a motion that included three elements: not requiring FERBO to pave the road, obtaining a 60-foot easement on 900 for future improvements, and directing staff to enter into a written agreement with FERBO that would be brought back for final approval. The motion language was read aloud by Council member (S6) before the vote. Chair (S1) seconded the motion and called for a voice vote; the chair recorded the result as “Aye” and stated the motion carried.

Council members asked that the written agreement explicitly state the council’s decision and provide a mechanism to revisit the requirement if the road is annexed or development extends north or west. Staff was directed to draft the agreement administratively and forward it to legal for review, following the same process used for the Western Rock agreement.

Why it matters: the decision removes an immediate cost burden from the developer but preserves the city’s ability to secure land (via the easement) and to require future improvements if circumstances change. Council members emphasized the importance of clear, signed terms so later councils understand the conditions under which paving would be revisited.

Next steps: staff will draft the agreement, coordinate with legal and UDOT as needed, and return to the council for ratification of the final document.