WORK/STUDY AGENDA SPRINGVILLE CITY COUNCIL …

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WORK/STUDY AGENDA

SPRINGVILLE CITY COUNCIL MEETING OCTOBER 03, 2017 AT 5:15 P.M.

City Council Chambers 110 South Main Street

Springville, Utah 84663

MAYOR AND COUNCIL DINNER – 4:45 P.M. The Mayor and Council will meet in the Council Work Room for informal discussion and dinner. No action will be taken on any items. CALL TO ORDER- 5:15 P.M. COUNCIL BUSINESS

1. Calendar • Oct 10 – Work/Study Meeting 5:15 p.m. • Oct 17 – Work/Study Meeting 5:15 p.m., City Council Meeting 7:00 p.m. • Nov 5 – Daylight Savings • Nov 7 – Election Day • Nov 7 – Work/Study Meeting 5:15 p.m., City Council Meeting 7:00 p.m. • Nov 14 – Work/ Study Meeting 5:15 p.m.

2. DISCUSSION ON THIS EVENING’S REGULAR MEETING AGENDA ITEMS

a) Invocation – Councilmember Child b) Pledge of Allegiance – Councilmember Creer c) Consent Agenda

1. Approval of City purchase orders required to be signed per Springville City Purchasing Code.

2. Approval of the minutes for June 20, 2017 regular City Council Meeting.

3. DISCUSSIONS/PRESENTATIONS a) Introduction of new Police Officers b) Introduction of new Clyde Recreation Center Manager, Penn Almoney c) Discussion of a policy regarding customer distributed power generation – Shawn Black, Power

Generation Superintendent 4. MAYOR, COUNCIL, AND ADMINISTRATIVE REPORTS

THIS AGENDA IS SUBJECT TO CHANGE WITH A MINIMUM OF 24-HOURS NOTICE

CERTIFICATE OF POSTING This meeting was noticed in compliance with Utah Code 52-4-202 on September 29, 2017. Agendas and minutes are accessible

through the Springville City website at www.springville.org/agendasminutes. Council Meeting agendas are available through the Utah Public Meeting Notice website at http://www.utah.gov/pmn/index.html. Email subscriptions to Utah Public Meeting Notices are available through their website. In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting.

Meetings of the Springville City Council may be conducted by electronic means pursuant to Utah Code Annotated Section 52-4-207. In such circumstances, contact will be established and maintained by telephone or other electronic means and the meeting will be conducted pursuant to Springville City Municipal Code 2-4-102(4) regarding electronic meetings.

s/s - Kim Rayburn, CMC, City Recorder

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5. CLOSED SESSION

The Springville City Council may temporarily recess the regular meeting and convene in a closed session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated Section 52-4-205.

6. ADJOURNMENT

http://www.springville.org/agendasminutes

http://www.utah.gov/pmn/index.html


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REGULAR AGENDA

SPRINGVILLE CITY COUNCIL MEETING OCTOBER 03, 2017 AT 7:00 P.M.

City Council Chambers 110 South Main Street

Springville, Utah 84663

CALL TO ORDER INVOCATION AND PLEDGE APPROVAL OF THE MEETING’S AGENDA MAYOR’S COMMENTS

PUBLIC COMMENT Audience members may bring any item not on the agenda to the Mayor and Council’s attention. Please complete and submit a “Request to Speak” form. Comments will be limited to two or three minutes, at the discretion of the Mayor. State Law prohibits the Council from acting on items that do not appear on the agenda. CONSENT AGENDA The Consent Agenda consists of items that are administrative actions where no additional discussion is needed. When approved, the recommendations in the staff reports become the action of the Council. The Agenda provides an opportunity for public comment. If after the public comment the Council removes an item from the consent agenda for discussion, the item will keep its agenda number and will be added to the regular agenda for discussion, unless placed otherwise by the Council.

1. Approval of City purchase orders required to be signed per Springville City Purchasing Code. 2. Approval of the minutes for June 20, 2017 regular City Council Meeting.

REGULAR AGENDA 3. Discussion and public comment regarding an Urban Deer Control Contract – Scott Finlayson,

Director of Public Safety 4. Consideration of a Utility System Extension Agreement with the State of Utah/School for the Deaf

and Blind at approximately 900 South between 1100 west and 1400 west – Brad Stapley, Public Works Director

5. Consideration of a Resolution and MOU regarding the Spanish Fork/Springville Airport – John Penrod, Assistant City Administrator/City Attorney

MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS


CERTIFICATE OF POSTING This meeting was noticed in compliance with Utah Code 52-4-202 on September 29, 2017. Agendas and minutes are accessible through the

Springville City website at www.springville.org/agendasminutes. Council Meeting agendas are available through the Utah Public Meeting Notice website at http://www.utah.gov/pmn/index.html. Email subscriptions to Utah Public Meeting Notices are available through their website. In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting.

Meetings of the Springville City Council may be conducted by electronic means pursuant to Utah Code Annotated Section 52-4-207. In such circumstances, contact will be established and maintained by telephone or other electronic means and the meeting will be conducted pursuant to Springville City Municipal Code 2-4-102(4) regarding electronic meetings.

s/s - Kim Rayburn, CMC, City Recorder

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CLOSED SESSION 6. The Springville City Council may temporarily recess the regular meeting and convene in a closed

session to discuss the character, professional competence, or physical or mental health of an individual, pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated Section 52-4-205.

ADJOURNMENT

http://www.springville.org/agendasminutes

http://www.utah.gov/pmn/index.html

MINUTES

Springville City Council Regular Meeting – JUNE 20, 2017

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MINUTES OF THE REGULAR MEETING OF THE SPRINGVILLE CITY COUNCIL HELD ON TUESDAY, JUNE 20, 2017, 2017 AT 7:00 P.M. AT THE CIVIC CENTER, 110 SOUTH MAIN 2 STREET, SPRINGVILLE, UTAH. 4

Mayor Wilford W. Clyde presided. In addition to Mayor Clyde, the following were present: Councilmember Rick Child, Councilmember Craig Conover, Councilmember Christopher Creer, 6 Councilmember Jason Miller, Councilmember Chris Sorensen, City Administrator Troy Fitzgerald, Assistant City Administrator/City Attorney John Penrod, Assistant City Administrator/Finance Director 8 Bruce Riddle and City Recorder Kim Rayburn.

Also present were: Public Safety Director Scott Finlayson, Public Works Director Brad Stapley, 10 Recreation Director Corey Merideth, Power Generation Superintendent Brandon Graham, Building and Grounds Director Brad Neel, Community Development Director Glen Goins, Library Director Dan 12 Mickelson, Museum of Art Director Rita Wright, Building Official Jason Van Ausdal, and Operations Manager Rod Oldroyd. 14 CALL TO ORDER 16

Mayor Clyde welcomed everyone and called the meeting to order at 7:11 p.m. 18

INVOCATION AND PLEDGE Councilmember Conover offered the invocation, and Boy Scout Reese Boardman led the Pledge 20

of Allegiance. 22

APPROVAL OF THE MEETING’S AGENDA 24

COUNCILMEMBER CONOVER MOVED TO APPROVE THE MEETING’S AGENDA AND CONTINUE ITEM #9 UNTIL JULY 18, 2017. COUNCILMEMBER CREER SECONDED THE 26 MOTION, AND ALL VOTED AYE.

28 MAYOR’S COMMENTS

Mayor Clyde welcomed the Council, staff and audience. He asked for any scouts or students on 30 assignment to please stand and be recognized. 32 PUBLIC COMMENT

Mayor Clyde introduced the Public Comment section of the agenda. He asked if there were any 34 requests.

Ted Killpack, resident; Mr. Killpack commented he moved to Springville 30 years ago from 36 Orem and has seen more recreation vehicles parked on Springville city streets than all of Orem. Trailers are staying on city streets longer than ordinance allows and he is frustrated storage is being done on the 38 street. He came to the City to get a building a permit and had to follow guidelines, while his neighbor

Springville City Council Regular Meeting Minutes – June 20, 2017 Page 2 of 5 DRAFT

has a garage put together with scraps. Rules and regulations need to be enforced, he has to live by them 40 others should as well.

Ruth Fuller, resident; Ms. Fuller expressed her dismay with the carnival company used this year 42 for Art City Days. Her three year old granddaughter was not allowed to ride any of the rides because of height restrictions. She went to Pleasant Grove and attended another carnival and will not be attending 44 the Springville carnival in the future. 46 CONSENT AGENDA

1. Approval of City purchase orders required to be signed per Springville City Purchasing Code. 48 2. Approval of Resolution #2017-13 adopting the amended Interlocal Agreement between

Mapleton City and Springville City for Public Safety Dispatch Services – John Penrod, Assistant 50 City Administrator/City Attorney

3. Approval of a Resolution #2017-14 establishing a new tier structure for billing Culinary and 52 Secondary Water – Brad Stapley, Public Works Director

4. Approval of a Resolution #2017-15 adopting the Cooperative Agreement between the Utah 54 Division of Forestry, Fire and State Lands and Springville City – Scott Finlayson, Public Safety Director 56

5. Approval of contract with Staker Parson Company as the low bidder for the Asphalt Mill & Overlay Project for various Springville City roads in the amount of $117,406.19 – Brad Stapley, 58 Public Works Director

Councilmember Sorensen expressed he would like to have a discussion regarding item #3. 60 Mayor Clyde stated this item had been discussed many times and asked Director Stapley to give a review. 62

Director Stapley explained the tier rate proposal and rate increase of 9%.

Councilmember Sorensen asked how long it has been since a rate increase. Director Stapley 64 replied it has been gradual over the last few years.

Mayor Clyde remarked there has been a period of time with no increase; even with the increase 66 Springville’s rates are low.

COUNCILMEMBER SORENSEN MOVED TO APPROVE THE CONSENT AGENDA AS 68 WRITTEN.

COUNCILMEMBER CHILD SECONDED THE MOTION. THE VOTE IS RECORDED AS 70 FOLLOWS:

COUNCILMEMBER CHILD AYE 72 COUNCILMEMBER CONOVER AYE COUNCILMEMBER CREER AYE 74 COUNCILMEMBER MILLER AYE COUNCILMEMBER SORENSEN AYE 76

PUBLIC HEARING (Continued from June 06, 2017) 78 6. Public Hearing to consider adopting the Enterprise Fund Transfers for FY 2017/2018 –

Troy Fitzgerald, City Administrator 80


Mayor Clyde reported a public hearing was held on June 6, 2017 and was continued to this meeting for any further comment. 82

Mayor Clyde opened the public hearing. There was no public comment. 84

COUNCILMEMBER CREER MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER CHILD SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR OF 86 THE MOTION. THE MOTION PASSED UNANIMOUSLY.

88 NO FORMAL ACTION REQUIRED

90 7. Public Hearing to consider adopting the Final FY 2017/2018 Springville City Budget – Troy

Fitzgerald, City Administrator 92

Mayor Clyde opened the public hearing. There was no public comment. 94

COUNCILMEMBER CREER MOVED TO CLOSE THE PUBLIC HEARING. 96 COUNCILMEMBER CHILD SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR OF THE MOTION. THE MOTION PASSED UNANIMOUSLY. 98

COUNCILMEMBER CREER MOVED TO APPROVE RESOLUTION #2017-16, 100 ADOPTING A BUDGET FOR SPRINGVILLE CITY CORPORATION IN THE AMOUNT OF $80,378,052 FOR EXPENDITURES AND TRANSFERS IN THE FISCAL YEAR BEGINNING JULY 102 1, 2017 AND ENDING JUNE 30, 2018.

COUNCILMEMBER MILLER SECONDED THE MOTION. THE VOTE IS RECORDED AS 104 FOLLOWS:


RESOLUTION #2017-16 APPROVED 112 REGULAR AGENDA

8. Consideration of an Ordinance amending Title 2, Chapter 1 of the Springville City Election 114 Code – Kim Rayburn, City Recorder City Recorder Rayburn reported recent legislation changes have prompted an update of the 116

Springville City Municipal Code to bring it into compliance with the State Code as it relates to certain provisions for municipal elections. 118

COUNCILMEMBER MILLER MOVED TO APPROVE ORDINANCE #13-2017, 120

AMENDING TITLE 2, CHAPTER 1, SECTION 2-1-101 THRU 2-1-119 OF THE SPRINGVILLE CITY MUNICIPAL CODE, ELECTION OF OFFICERS TO COMPLY WITH STATE CODE. 122

COUNCILMEMBER CONOVER SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS: 124


COUNCILMEMBER CHILD AYE COUNCILMEMBER CONOVER AYE 126 COUNCILMEMBER CREER AYE COUNCILMEMBER MILLER AYE 128 COUNCILMEMBER SORENSEN AYE

ORDINANCE #13-2017 APPROVED 130

9. Consideration of an Ordinance that amends the Springville Development Code, Sections 132 11-3-402, Definitions; 11-4-301, Land Use Matrix; and 11-6-113, off street parking with respect to Senior Independent Living Facilities. (Continued from June 06, 2017) – Glen 134 Goins, Community Development Director

CONTINUED UNTIL JULY 18, 2017 136

CLOSED SESSION 138

10. The Springville City Council may temporarily recess the regular meeting and convene in a closed session to discuss the character, professional competence, or physical or mental health of 140 an individual, pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated Section 52-4-205. 142

COUNCILMEMBER CONOVER MOVED TO ADJOURN THE CITY COUNCIL 144

WORK/STUDY MEETING AT 7:28 P.M. AND CONVENE IN A CLOSED SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PROPERTY PURCHASES AND 146 PROFESSIONAL COMPETENCE OF AN INDIVIDUAL.

COUNCILMEMBER MILLER SECONDED THE MOTION. THE VOTE IS RECORDED AS 148 FOLLOWS:


Council returned to the Work/Study meeting at 8:32 p.m. 156

Councilmember Sorensen asked about the improvements that have been done at Camp Jeremiah 158 Johnson and believes not all have been requested. He also asked when the 900 north complex was approved. City Attorney Penrod replied it was a site plan approval and explained in certain areas this can 160 be done. Councilmember Sorensen expressed concern about traffic in the area of 900 North Main. Administrator Fitzgerald reported the intersection is warranted for traffic light and City staff is working 162 with UDOT.

164


Councilmember Miller asked about the Arts Commission bi-laws and if the Board can update them or if they need to be brought before the Council. Administrator Fitzgerald explained it would be 166 handled by the Arts Commission Board. 168 ADJOURNMENT

COUNCILMEMBER CHILD MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 170 8:38 P.M. COUNCILMEMBER SORENSEN SECONDED THE MOTION, AND ALL VOTED AYE.

172 174 This document constitutes the official minutes for the Springville City Council Regular meeting held on Tuesday, 176

June 20, 2017. I, Kim Rayburn, do hereby certify that I am the duly appointed, qualified, and acting City Recorder for Springville 178

City, of Utah County, State of Utah. I do hereby certify that the foregoing minutes represent a true and accurate, and complete record of this meeting held on Tuesday, June 20, 2017. 180 182 Kim Rayburn, CMC City Recorder 184

STAFF REPORT

DATE: September 26, 2017 TO: Honorable Mayor and City Council FROM: Chief Scott Finlayson SUBJECT: DEER CONTROL PLAN FOR SPRINGVILLE CITY RECOMMENDATION To approve the deer control plan which estimates the urban deer population in Springville at 325 deer with a recommendation to reduce the city deer population by ____ percent over the next three years. DISCUSSION Over the last two years the Police Department has received many complaints about urban deer in Springville. The complaints are about increases in deer vs. car traffic accidents; deer eating resident’s shrubs, flowers and gardens; and deer being aggressive and attacking resident’s pets. As one example Phil Bird, a past City Councilman, indicated four or five years ago he had one or two deer in his yard during the summer, he now has 10 to 12 in his yard on a regular basis. A couple deer will not damage plants severely, but with 10 to 12 deer the deer damage his garden and shrubbery to the point the plants die. Others have expressed similar concerns. On September 19, 2017 a concerned citizen came to City Council and expressed the same concern. Springville City contracted with Humphries Archery to conduct a deer count in Springville. To do the count Humphries asked the City for areas where deer are known to be. Then they set up trail cameras to count the deer, conducted personal morning and evening counts, and talked with residents in the area about the numbers of deer they see and if they believe the deer are a nuisance or not. From this study Humphries Archery indicated they believe there are about 250 urban deer in Springville with another 75 in the interface areas between Springville and Mapleton; and Springville and Provo. (See attachment #1 for deer count information from Humphries Archery.)

The Utah Division of Wildlife Resources (Utah DWR) has estimated there are 400 to 500 urban deer in Springville. This is based on what they see and the damage the deer do. Utah DWR records reflect 220 deer have been killed in Springville in the last four years. 134 of those were in the last two years. Utah DWR is tasked with removing deer carcasses from Springville when notified. Most of these numbers are from deer vs. car accidents. The remainder are deer that are injured or caught on residential fences, die of exposure or are injured and put down by police officers. Springville Police Department is requesting public comment and City Council direction on how to proceed. The Utah Division of Wildlife Resources has a deer control program for communities to follow. Generally there are two options to control urban deer. Option number one is to have a controlled lethal harvesting of deer. The communities in Utah County that are doing this have all used bow and arrow for the taking of the deer. Archery is much safer as arrows do not have the distance or energy to endanger people and private property as would a firearm hunt. Under this option the City would contract with a company to provide this service. We would work with the company and the Division of Wildlife Resources to determine locations, number of deer taken in each location, baiting and spotlighting restrictions, etc. Each deer harvested would be tagged, reported and donated to interested individuals and organizations who can use the meat. Currently Alpine, Highland, Provo and Mapleton are reducing the deer in their communities by contract archery hunters. I have checked with all the cities and they have not received any complaints from citizens about the hunters or the process of deer removal. The harvesting of the deer only takes place from August 1st to December 31st each year to ensure that only urban deer are harvested. Option number two is to trap and release the urban deer. This option is not open to Springville City because of our close proximity to Mapleton where the Division of Wildlife Resources has documented deer with Chronic Wasting Disease (CWD). The Division of Wildlife Resources does not want deer that may be affected with CWD to be relocated and possibly infect healthy deer. If the City Council decides to move forward with the removal of urban deer in Springville the Police Department will apply for a Utah Department of Resources Certificate of Registry (COR) which carefully itemizes all the rules and procedures for the City and the contracting company to follow in removing deer from our city. Utah DWR recommends listing the number of deer to be harvested high so the City does not have to rewrite the COR if you reach a number and want to still harvest more deer. While the COR specifies the maximum number of deer that a city may harvest the city may reduce the total number of deer to be harvested or suspend the program at any time. The COR is good for three years. ALTERNATIVES The City Council may opt to not remove any urban deer from Springville.

FISCAL IMPACT The cost to remove 200 urban deer from Springville will be about $18,000 for the three year period. We cannot give an exact price until we know how many deer will be harvested in Springville and what the bids will be. The above cost is an estimate based on what other cities have paid. So far we have paid $2,000.00 to Humphries Archery to do the deer survey. Currently, all deer harvesting in Utah County cities is under contract with Humphries Archery. If the City Council approves an urban deer program we will solicit bids from interested organizations and contract with the most responsible organization. SUBMITTED BY: Name: Chief Scott Finlayson, Director of Public Safety

September 25, 2017 Chief Finlayson, Here is what we came up with between residents, visual counts, and camera counts. We broke it up into zones 1-7 Zone 1: In zone 1 I spoke to 5 different homes throughout. There was only one of the 5 that said there was not a problem with the deer and they did not frequent their property. All I spoke to in this zone were for the program and would love to see it implemented. People in this zone said they generally would see deer in groups of 4-5, but up to 12-15 at a time. 4-5 summer 12-15 fall winter. They estimated there were at least 50 deer in the area! Zone 2: I was only able to speak to 3 people in this zone. Everyone I spoke to in this zone said there were quite a few deer in the area and that even though they enjoyed seeing some that there had grown far too many and that they needed to be thinned down. Tuesday the 19th @7:25 I stopped and counted a group of 13 feeding on the lawn of one of the people I spoke to. They see deer almost every day here. Sometimes groups of 4 or so up to 10-12 all the time. They estimated there were 50+ different deer in the area. Zone 3: I visited 6 homes in this area and spoke to many people. I got almost the same response from all, but one in this area and that is that the deer had become a nuisance. They could not keep anything growing that the deer constantly ate and trampled it down. Everyone in this area I spoke to wanted something done less the one. The one did enjoy seeing the deer, but hates seeing deer hit by cars and that sort of thing. There were deer of 12-20 spotted recently and most said they would guess there are 40-60 deer in the area. Zone 4: This zone was absolutely the zone that was most against the program and loved seeing the deer. This is also the zone that could be partially mountain deer as they are more in the mouth of the canyon and higher up on the hill. Most understood they would need to plant differently to avoid the deer eating what they had. They loved seeing the deer in the front and back and all over. There was one I spoke to that was impartial and said he understood if something needed to happen. I don't know if they were not telling me because they did not want to see anything happen but the deer count was lots lower in this zone than others. Most said they saw 2-3 at a time and sometimes 4-5 never big groups. One said he would guess there were roughly 30 in the surrounding area.

Zone 5: I call this the money zone. This is the zone I live in. I spoke to lots of people down here and some do enjoy seeing them, but also hate that there yards and gardens get destroyed. There are lots of deer that frequent this area. I see them and almost everyone down here sees plenty. This area runs alongside Hobble Creek and is a heavy path that the deer travel. Also there is lots of tree cover for the deer to bed down in. Many people see 5-10 at a time. This also being right on the border of Mapleton deer are crossing back and forth from the cities. Best estimate is there are 60 deer that pass through this area. Zone 6 and 7: These zones were areas of overlap between cities, Provo to the north and Mapleton to the south, so these are considered “Shared Deer Zones” Six deer were counted 2 different times morning and night, with a visual of 25 separate deer. Zone 7 was a little more difficult due to homes and smaller visual gaps, but I counted 4 separate times, and I feel pretty confident with an estimate of 35-40 deer with some crossing and sharing of boundaries. Our Deer Estimate: Deer estimate is roughly 250 in city limits, with an additional 50-70 sharing border deer with Mapleton and Provo. Submitted, Humphries Archery Company

S T A F F R E P O R T

DATE: September 27, 2017 TO: Mayor and City Council FROM: Bradley D. Stapley, Director of Public Works SUBJECT: UTILITY SYSTEM EXTENSION AGREEMENT – STATE OF

UTAH/SCHOOL FOR THE DEAF & BLIND RECOMMENDED ACTION Motion to enter into a Utility System Extension Agreement with the State of Utah/School for the Deaf & Blind in anticipation of the construction of 1,550 linear feet of 8-inch sewer main pipeline in the future alignment of 900 South between 1100 West and 1400 West. GOALS, OBJECTIVES AND STRATEGIES AT ISSUE The Springville City General Plan’s Community Services and Facilities section lists the following goal:

To provide functionally effective community facilities and services to support a safe, healthy, and vibrant community life.

Objective 7 in this section is to provide:

A wastewater collection and treatment system that protects the health and safety of the City, is economical, and is designed to meet the needs of Springville City now and in the future,

SUMMARY OF ISSUES/FOCUS OF ACTION This Utility System Extension Agreement between State of Utah/School for the Deaf & Blind and Springville City will facilitate the construction of 1,550 linear feet of 8-inch sewer main pipeline in the future alignment of 900 South between 1100 West and 1400 West. The Utility System Extension Agreement will also provide the framework for possible reimbursement to State of Utah/School for the Deaf & Blind for costs associated with said construction should another development connect to said sewer main pipeline within ten (10) years of its construction.

DISCUSSION Article 3 of Title 14-5 of the Springville City Code, provides Utility System Extension language for those seeking reimbursement of costs associated with extending utilities beyond the limits of their development. Title 14-5-309 provides language regarding reimbursement for sewer pipeline extensions. The location of the proposed sewer main pipeline is along the 900 South corridor between 1100 West and 1400 West (see below).

Proposed approximate location of 1,550 linear feet of 8-inch sewer main pipeline to be installed under this Utility System Extension Agreement. This proposed pipeline will connect two existing 8-inch sewer main pipelines and will allow for development of the State of Utah/School for the Deaf & Blind. AGREEMENT SPECIFICS Any person who installs an extension to the City sanitary sewer system governed by this Chapter at his own expense in a street or easement which is adjacent or or upon the property of another may receive reimbursement of part of that expense under the following conditions:

FISCAL IMPACT

• None, since oversizing of the sewer main pipeline is not anticipated. AGREEMENT DOCUMENT A full agreement document will be provided to the City Council before the October 3, 2017, City Council Meeting.

S T A F F R E P O R T

sr_airport mou_20171003docx.docx

DATE: September 12, 2017 TO: Honorable Mayor and City Council FROM: John Penrod, City Attorney SUBJECT: CONSIDERATION OF A RESOLUTION TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING WITH SPANISH FORK CITY WITH RESPECT TO THE SPRINGVILLE/SPANISH FORK AIRPORT.

RECOMMENDED MOTION Move to approve Resolution No. _____ that approves a Memorandum of Understanding between Springville and Spanish Fork with respect to the Spanish Fork/Springville Airport. BACKGROUND The Springville/Spanish Fork Airport is owned and operated by Springville and Spanish Fork through an Interlocal Agreement. Recently, the two cities have discussed Spanish Fork taking over the finances and all operations of the Airport. The proposed MOU sets forth the understanding of the two cities concerning the transition period while the interlocal agreement is being negotiated and amended. A summary of the provisions of the MOU are as follows:

1. Spanish Fork will take over operations and have done so since July 1, 2017. 2. Springville will continue with the 2017 audit, and Spanish Fork will do the audits

thereafter. 3. Spanish Fork will budget for all expenses and revenues of the airport, and Springville

will have no financial obligations after July 1, 2017. 4. Springville will issue payment to Spanish Fork for all airport funds. 5. Springville will transfer title of the three airport vehicles to Spanish Fork. 6. Spanish Fork will maintain insurance with Springville as an additional insured and

indemnify Springville for Spanish Forks negligent acts. 7. The parties will work towards amending the Airport Interlocal Agreement by April 1,

2018.

ALTERNATIVES

1. Decide not to enter into the MOU.

City Council Page 2

2. Provide direction to staff on how the Council wants to move forward with the Airport.

FISCAL IMPACT Springville will save money paid into the Airport and will not realize any revenue associated with the operations of the Airport. Springville will continue to own the Airport property. Attachments: Proposed MOU

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SPANISH FORK/SPRINGVILLE AIRPORT MEMORANDUM OF UNDERSTANDING WHEREAS, the Utah Interlocal Cooperation Act (U.C.A. §11-13-1 et seq.) allows public

entities, including municipalities, to enter into mutually advantageous agreements; and

WHEREAS, Spanish Fork City and Springville City (collectively, “the Cities”) jointly

own and operate a municipal airport (the “Airport”); and

WHEREAS, in order to more efficiently operate the airport Spanish Fork and Springville

entered into an interlocal agreement in August 1999 outlining the responsibilities of each city;

and

WHEREAS, the Cities contemplate amending the interlocal agreement and desire to enter

into this Memorandum of Understanding as a transition period while the interlocal agreement is

being negotiated and amended;

NOW THEREFORE, in the interim, the Cities will modify the operations of the airport as

set forth in this Memorandum of Understanding as follows:

1. Spanish Fork will take over all operations at the airport, effective on July 1, 2017.

2. Springville will proceed with the fiscal year 2017 annual audit.

Spanish Fork will proceed with annual audits commencing with

fiscal year 2018.

3. Spanish Fork will budget for all expenses and revenues of the

airport commencing with the fiscal year 2018 budget, which

commences on July 1, 2017.

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4. Springville will have no financial obligation for expenditures made

after July 1, 2017, except for capital projects currently underway

for which each City has previously committed itself for and

budgeted for. Springville will continue to receive funding for

existing grants, and make disbursements based on existing

contracts. To the knowledge of each City, there is one grant

outstanding which has one more payment and one more

disbursement to a contractor coming due.

5. Springville will issue a check to Spanish Fork for the balance in

the airport fund. Spanish Fork is obligated to use those funds

solely for airport purposes, as allowed by the FAA. Except for the

grant revenues and obligations outlined in paragraph 4, all airport

funds will be transferred to Spanish Fork effective July 1, 2017, or

as soon thereafter as is reasonably possible, and Springville will

have no more obligation to be responsible for the finances for the

airport.

6. Springville will transfer title to three vehicles used for airport

purposes (a snow plow, a pickup, and a courtesy car). All three

vehicles shall have current registrations prior to the transfer. The

title transfer will take place on July 1, 2017, or as soon thereafter

as reasonably possible.

7. The Cities will work towards reaching a resolution by April 1,

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2018 concerning how the interlocal agreement will be amended.

In the event that the Cities do not reach an agreement as to

amending the interlocal agreement by April 1, 2018, the Cities will

meet to determine how the Cities will move forward with the

Airport.

8. Until the interlocal agreement is negotiated and amended, the

Cities shall continue to maintain liability and vehicle insurance

coverage in the same amounts the airport has historically

maintained, or greater amounts, which coverage will name both of

the Cities as additional insureds.

9. The Cities are both governmental entities subject to the Governmental Immunity Act.

Until the interlocal agreement is negotiated and amended, each city agrees to defend,

indemnify and save harmless the other city for damages, claims, suits, and actions arising

out of the negligent acts of its own officers, employees or agents that are associated with

the Airport. The obligation to indemnify is limited to the dollar amounts set forth in the

Governmental Immunity Act, provided said Act applies to the action giving rise to the

protections of this paragraph. This paragraph shall not be construed as a waiver of the

protections of the Governmental Immunity Act.

10. This agreement shall be interpreted pursuant to the laws of the

State Utah.

11. In the event that any party shall be required to retain an attorney

because of a default or breach of any other party, or to pursue any

other remedy provided by law, the non-breaching or the non-

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defaulting party shall be entitled to reasonable attorneys fees,

whether or not the matter is actually litigated.

12. This agreement may be modified or otherwise amended only by a

signed written document executed by all of the parties hereto.

13. The invalidity of a portion of this agreement shall not prevent the

remainder from being carried into effect. Whenever the content of

any provision shall require it, the singular shall be held to include

plural and vice-versa, and the use of any gender shall include any

and all genders. The paragraph and section heading in this

agreement are for convenience only and do not constitute a part of

the provisions hereof.

14. Should any provision of this agreement require judicial

interpretation, the court interpreting or construing the same shall

not apply the presumption that the terms hereof shall be more

strictly construed against one party, by reason of the rule on

construction that a document is to be construed more strictly

against the person who himself, or through his agents, prepared the

same; it being acknowledged that all of the parties participated in

the preparation hereof.

15. This agreement in not assignable, it being specific to the parties

hereto.

DATED this ______ day of September, 2017.

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SPANISH FORK CITY by: ____________________________________ STEVE LEIFSON, Mayor Attest: ____________________________________ KENT R. CLARK, Recorder APPROVED AS TO FORM by: ____________________________________ S. JUNIOR BAKER, Spanish Fork City Attorney SPRINGVILLE CITY by: ____________________________________ WILFORD W. CLYDE, Mayor Attest: _____________________________________ KIM RAYBURN, Recorder APPROVED AS TO FORM by: ____________________________________ JOHN PENROD, Springville City Attorney

RESOLUTION #2017-XX

A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN SPRINGVILLE CITY AND SPANISH FORK CITY REGARDING THE AIRPORT OPERATIONS AND INTERLOCAL AGREEMENT.

WHEREAS, Spanish Fork City and Springville City (collectively, “the Cities”) jointly

own and operate a municipal airport (the “Airport”) through an interlocal agreement that was

entered into in August 1999 pursuant to the Utah Interlocal Cooperation Act (U.C.A. §11-13-1 et

seq.); and

WHEREAS, the Cities contemplate amending the interlocal agreement and desire to enter

into a Memorandum of Understanding as a transition period while the interlocal agreement is

being negotiated and amended.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SPRINGVILLE CITY, UTAH:

SECTION 1. Agreement Approval. The Memorandum of Understanding, substantially in the form attached as EXHIBIT A, is approved and shall be executed by Springville City.

SECTION 2. Effective Date. This resolution shall become effective immediately upon

passage.

PASSED AND APPROVED this 3rd day of October 2017.

By ____________________________ ATTEST Wilford W. Clyde, Mayor

Kim Rayburn, Recorder

EXHIBIT A

AGREEMENT

WORK/STUDY AGENDA SPRINGVILLE CITY COUNCIL …

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