AGENDA FOR THE WORK MEETING - utah.gov · s/s - Kim Rayburn, CMC, City Recorder Page 1 of 1 REGULAR...

CERTIFICATE OF POSTING This meeting was noticed in compliance with Utah Code 52-4-202 on June 29, 2018. 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

Page 1 of 1

WORK/STUDY AGENDA

SPRINGVILLE CITY COUNCIL MEETING JULY 03, 2018 AT 5:30 P.M.

City Council Chambers 110 South Main Street

Springville, Utah 84663 MAYOR AND COUNCIL DINNER – 5:00 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- 5:30 P.M. COUNCIL BUSINESS

1. Calendar • Jul 04 – Independence Day Observed (City Offices Closed) • Jul 10 – Work/Study Meeting 5:30 p.m. • Jul 17 – Work/Study Meeting 5:30 p.m., City Council Meeting 7:00 p.m. • Jul 24 – Observance of Utah Pioneer Day (City Offices Closed) • August 07 – Work/Study Meeting 5:30 p.m., City Council meeting 7:00 p.m.

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

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

1. Approval of City purchase orders required to be signed per Springville City Purchasing Code. 2. Approval of the minutes for the May 01, and June12, 2018 Work/Study Meetings 3. Approval of Utah County Recreation Grant – Corey Merideth, Recreation Director

3. DISCUSSIONS/PRESENTATIONS

a) Bartholomew Park Update – Troy Fitzgerald, City Administrator b) Discussion on Work Sessions – Troy Fitzgerald, City Administrator c) Springville City Dashboard – Troy Fitzgerald, City Administrator

4. MAYOR, COUNCIL, AND ADMINISTRATIVE REPORTS

5. CLOSED SESSION, IF NEEDED – TO BE ANNOUNCED IN MOTION

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 UCA 52-4-205.

6. ADJOURNMENT

http://www.springville.org/agendasminutes

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

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

This meeting was noticed in compliance with Utah Code 52-4-202 on June 29, 2018. 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.

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AGENDA FOR THE REGULAR MEETING

OF THE REDEVELOPMENT AGENCY OF THE CITY OF SPRINGVILLE, UTAH

COUNCIL CHAMBERS, 110 SOUTH MAIN STREET JULY 03 2018 – 6:40 P.M.

CALL TO ORDER REGULAR AGENDA

1. Consideration of approving the Site Plan for Spring Pointe Business Park – Glen Goins, Community Development Director

MOTION FOR REVIEW AND FINALIZATION OF THE JULY 03, 2018 MINUTES ADJOURNMENT



S T A F F R E P O R T

CITY COUNCIL AGENDA October 18, 2016 sr_rda_spring pointe warehouse project_20180703.docx

DATE: June 27, 2018 TO: Redevelopment Agency Board FROM: Glen Goins, Community Development Director SUBJECT: CONSIDERATION OF THE SPRING POINTE WAREHOUSE

DEVELOPMENT PROJECT CONSISTING OF A 36,000 SQUARE-FOOT OFFICE/WAREHOUSE ON 3 ACRES LOCATED AT APPROXIMATELY 500 NORTH 2100 WEST.

RECOMMENDED MOTION Move to APPROVE the Spring Pointe Warehouse development project consisting of a 36,000 square-foot office/warehouse on 3 acres located at approximately 500 North 2100 West. SUMMARY OF ISSUES/FOCUS OF ACTION

• Does the proposed development comply with the provisions of the Frontage Road Neighborhood Development Plan?

• Does the request maintain the intent of the General Plan? BACKGROUND The Spring Pointe Warehouse is an office/warehouse project located on the north side of 500 North at approximately 2100 West, immediately north of the Mitsubishi dealership. The proposed development is not requesting use of RDA funds. Because the project is located in the RDA project area, the RDA board has jurisdiction to review the project for compliance with certain provisions of the city code, as well as design and architecture, in accordance with Section 3G of the RDA Plan. The proposed office/warehouse project is a permitted use in the HC-Highway Commercial zone. The units are considered flex space and will be improved on the interiors by individual tenants.

Redevelopment Agenda July 3, 2018 Page 2

REDEVELOPMENT AGENCY AGENDA July 3, 2018 sr_rda_spring pointe warehouse project_20180703.docx

The building is proposed to be 36,126 square feet in size, on 3.02 acres. The proposed height is 28’-8”. The proposed building complies with the lot coverage and height limits. The minimum parking requirements are 1 stall per 300 square feet of office area and 1 stall per employee on the largest shift for the warehouse area. The proposed development meets the minimum requirements. The plan exceeds the minimum landscaping requirements with over 35% of the property to be landscaped and no transitional landscaping buffers required. There will be no outdoor storage. DISCUSSION Building Design The building is a one-story combination of office and flex warehouse space. Materials will consist of masonry or CMU construction with color variations for banding and window accents. Primary building colors will be shades of gray and white. The roof line will vary between some units, as well as contain horizontal wall variations for variety and unit separation. ALTERNATIVES

1. Approve the development as proposed; 2. Amend or proposed changes to the site or building; or 3. Reject the proposed development, citing reasons.

SAMPLE MOTION FOR APPROVAL “I move to approve the Spring Pointe Warehouse development project, consisting of a 36,000 square-foot office/warehouse on 3 acres located at approximately 500 North 2100 West, as proposed.” SAMPLE MOTION FOR DENIAL “I move to deny the Spring Pointe Warehouse development project, consisting of a 36,000 square-foot office/warehouse on 3 acres located at approximately 500 North 2100 West, as proposed, for the following reasons….(list findings).”



Proposed Development - Rendering



Proposed Development – Elevations



Proposed Development – Site Plan

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 June 29, 2018. 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

Page 1 of 1

REGULAR AGENDA

SPRINGVILLE CITY COUNCIL MEETING JULY 03, 2018 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 the May 01, and June12, 2018 Work/Study Meetings. 3. Approval of Utah County Recreation Grant – Corey Merideth, Recreation Director

REGULAR AGENDA

4. Consideration of a Resolution approving a settlement agreement in the Hobble Creek water adjudication between Springville City, Springville Irrigation Company, 28039 LLC, and the Holly Ranch Trust – John Penrod, Assistant City Administrator/City Attorney

MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS CLOSED SESSION, IF NEEDED – TO BE ANNOUNCED IN MOTION

5. 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 UCA 52-4-205.

ADJOURNMENT



MINUTES

Springville City Council Work/Study Meeting – MAY 01, 2018

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MINUTES OF THE WORK/STUDY MEETING OF THE SPRINGVILLE CITY COUNCIL HELD ON TUESDAY, MAY 01, 2018 AT 5:30 P.M. AT THE CIVIC CENTER, 2 110 SOUTH MAIN STREET, SPRINGVILLE, UTAH.

4 Mayor Richard J. Child presided. In addition to Mayor Child, the following were present:

Councilmember Christopher Creer, Councilmember Craig Jensen, Councilmember Jason Miller, 6 Councilmember Brett Nelson, Councilmember Michael Snelson, City Administrator Troy Fitzgerald, Assistant City Administrator/City Attorney John Penrod, Assistant City 8 Administrator/Finance Director Bruce Riddle and City Recorder Kim Rayburn.

Also present were: Public Safety Director Scott Finlayson, Power Director Leon 10 Fredrickson, Recreation Director Corey Merideth, Public Works Director Brad Stapley, Building and Grounds Director Brad Neel, Community Development Director Glen Goins, Library 12 Director Dan Mickelson, and Museum of Art Director Rita Wright. 14 CALL TO ORDER

Mayor Child welcomed everyone and called the Work/Study meeting to order at 5:30 16 p.m.

18 COUNCIL BUSINESS 1. Calendar 20

• May 08 – Work/Study Meeting 5:30 p.m. • May 15 – Work/Study Meeting 5:30 p.m., City Council Meeting 7:00 p.m. 22 • May 16 – Clyde Recreation Center Ribbon Cutting 7:00 p.m. • May 19 – Bike with the Mayor 9:30 a.m. 24 • May 28 – Memorial Day Observed (City Offices Closed)

26 Mayor Child asked if there were any questions or additions to the calendar. Three council

members will be gone on May 15, 2018, so a Council meeting will not be held. Items needing 28 the Council’s attention will be handled on May 08, 2018. On May 12, 2018 will be the Art Ball. May 18, 2018 will be the Public Safety Banquet and the Council and the Mayor are invited. 30

2. DISCUSSION ON THIS EVENING’S REGULAR MEETING AGENDA ITEMS 32

a) Invocation – Councilmember Miller b) Pledge of Allegiance – Councilmember Nelson 34 c) Consent Agenda

1. Approval of City purchase orders required to be signed per Springville City Purchasing 36 Code.

2. Approval the 2018 County Recreation Grant Application in the amount of $16,896.12 – 38 Corey Merideth, Recreation Director

Springville City Council Work/Study Meeting Minutes – May 01, 2018 Page 2 of 4 DRAFT

3. Approval of the Spring Pointe Retail Center, Plat G, located in the area of 800 North 40 2000 West in the HC-Highway Commercial Zone – Glen Goins, Community Development Director 42

4. Approval of a Resolution for the Development Agreement for Grasslands Plat D Subdivision – Glen Goins, Community Development Director 44

Mayor Child asked the Council what they would like to do for Art City Days as far as a golf cart 46

or a wagon. Councilmember Snelson suggested they all ride together. Walkers will be needed to disperse candy. 48 3. DISCUSSIONS/PRESENTATIONS 50

a) Southern Utah Valley Solid Waste District – Brad Stapley, Public Works Director Director Stapley reported a brief review of the SUVSWD (Southern Utah Valley Solid Waste 52

District) history. Formed in 1990, the South Utah Valley Solid Waste District covers most of the southern part of Utah County. The City Council in the past wanted the transfer station to move out of the 54 City. Issues with compliance with the conditional use permit persist. There has been a history of frustrations with previous Councils. 56

In 2015, the city sent a letter to SUVSWD with a proposed host agreement. The requirements of the agreement did not meet EPA requirements of the facility at that time. Some EPA required services 58 are outside of the building, which violates the conditional use permit. The transfer station collects refrigerators and tires as required by the EPA. Those outside operations violate the Springville City 60 conditional use permit. Outside waste collection contracts are not allowed. Spanish Fork City contracted long term with Republic and collects and delivers to the transfer station on Mondays, which is against 62 the load leveling policy. A host fee was discussed of $2 per ton paid to the City. The City would have the right to purchase extra property. No formal response was received from the SUVSWD board 64 regarding the letter.

Councilmember Miller asked for a breakdown of member cities on the board. Administrator 66 Fitzgerald stated that because of a percentage of waste, each city has a vote and Provo has a veto right. Councilmember Miller asked for clarification on why the land was chosen in Springville. Administrator 68 Fitzgerald answered the location is the geographic center of the cities that participate. Director Stapley suggested looking at the solid waste district differently as to what they bring to the City. Springville 70 solid waste trucks do not need to leave the City, which is a savings on fuel and wear and tear of vehicle. The solid waste district owns about 50 acres in Springville, so they save money by staying here. In 2018, 72 a follow up letter was sent. Springville needs to require member cities to load level. Councilmember Nelson clarified that load levelling would solve the scattered trash in the west fields. The letter covered a 74 host fee, load levelling, and maximizing the value of the commercial property around the transfer station. The solid waste district responded and agreed with everything but the host fee. Councilmember 76 Snelson asked if they have ever paid the host fee. Director Stapley replied no and explained throughout the country host fees are charged because of the impact to the cities. Councilmember Miller stated the 78 host fee could be included, but negotiated lower.

Director Stapley stated it is cheaper for them if they stay in Springville. Springville can benefit 80 from the fifty acres of prime commercial land around the facility. The solid waste district gave some recommendations to replacing of a host fee including right of ways, a storm drain and improvements to 82 the transfer station. The solid waste district also suggested consent to creation of a community


development area and or collaborate with city in master planning of the whole fifty-acre parcel. 84 Councilmember Snelson asked about the fiscal impact of the host fee. Director Stapley answered about $200,000. Trucks and drivers are the largest cost in solid waste. Director Stapley reported staff is 86 recommending the City continue working with SUVSWD on a new transfer station and he outlined some of those benefits. 88

Councilmember Nelson asked about the differences with the 2015 letter and the most recent letter with SUVSWD. Administrator Fitzgerald discussed the suggestions discussed by previous Council 90 and the solid waste district. Councilmember Nelson suggested land be an option rather than first right of refusal. He prefers specificity in the actual letter. Administrator Fitzgerald agreed and added a 92 development agreement will most likely be needed. Councilmember Nelson believes load leveling is a challenge and asked how this can be monitored. Administrator Fitzgerald suggested passing bylaws 94 restricting the noncompliant trucks like Spanish Fork, putting it in writing. Councilmember Nelson said he will bring it up at the board meeting. He referenced Love’s Truck Stop and the property they are 96 interested in. Councilmember Miller clarified the new facility will be all indoors. Councilmember Jensen agreed with the idea of a property swap. Councilmember Miller suggested looking at reducing 98 our tipping fees in place of the host fees. Director Stapley asked the Council if the transfer station should stay. The Council and Mayor agreed it should stay with the proposed changes. Director Stapley stated 100 there should be mutual benefit to the waste district and the City. Councilmember Nelson reiterated the need for first right of refusal. 102

b) Engineering Standards and Specifications – Jeff Anderson, City Engineer 104 Item Postponed

106 4. MAYOR, COUNCIL, AND ADMINISTRATIVE REPORTS

Mayor Child asked for any other comments. There was none 108 5. CLOSED SESSION 110

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 112 individual, pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated Section 52-4-205 114

COUNCILMEMBER MILLER MOVED TO ADJOURN THE CITY COUNCIL MEETING AT 116 6:11 P.M. AND CONVENE IN CLOSED SESSION TO DISCUSS PROPERTY AND LITIGATION.

COUNCILMEMBER SNELSON SECONDED THE MOTION AND THE VOTE IS 118 RECORDED AS FOLLOWS:

COUNCILMEMBER CREER AYE 120 COUNCILMEMBER JENSEN AYE COUNCILMEMBER MILLER AYE 122 COUNCILMEMBER NELSON AYE COUNCILMEMBER SNELSON AYE 124

THE MOTION PASSED UNANIMOUSLY 126


128 130 6. ADJOURNMENT

COUNCILMEMBER SNELSON MOVED TO ADJOURN THE WORK/STUDY MEETING 132 OF THE SPRINGVILLE CITY COUNCIL AT 6:44 P.M.

COUNCILMEMBER NELSON SECONDED THE MOTION, ALL VOTED AYE. 134 136 138

This document constitutes the official minutes for the Springville City Council Work/Study meeting held on Tuesday, 140

May 01, 2018. I, Kim Rayburn, do hereby certify that I am the duly appointed, qualified, and acting City Recorder for Springville 142

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, May 01, 2018. 144 146 148 Kim Rayburn, CMC City Recorder 150 152

MINUTES Springville City Council Work/Study Meeting – June 12, 2018

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Minutes of the Work/Study Meeting of the Springville City Council held on June 12, 2018 at 5:30 P.M. in the Multipurpose Room at the Civic Center, 110 South Main Street, Springville, Utah. 2

Mayor Richard J. Child presided. In addition to Mayor Child, the following were present: Councilmember Christopher Creer, Councilmember Craig Jensen, Councilmember Jason Miller, 4 Councilmember Brett Nelson, Councilmember Mike Snelson, City Administrator Troy Fitzgerald, Assistant City Administrator/Legal Director John Penrod, Assistant City Administrator/Finance Director 6 Bruce Riddle, and City Recorder Kim Rayburn.

Also present were: Power Director Leon Fredrickson, Buildings and Ground Superintendent Joel 8 Bree, Recreation Supervisor Richard Thurman, Community Development Director Glen Goins, Public Safety Director Scott Finlayson, Golf Pro Craig Norman, Museum of Art Director Dr. Rita Wright, 10 Library Director Dan Mickelson, and Buildings and Grounds Director Brad Neel.

Excused: Recreation Director Corey Meredith 12

CALL TO ORDER – 5:30 P.M. 14 COUNCIL BUSINESS 16

1. Calendar • Jun 19 –Work/Study Meeting 5:30 p.m., City Council Meeting 7:00 p.m. 18 • Jul 03 – Work/Study Meeting 5:30 p.m., City Council Meeting 7:00 p.m. • Jul 04 – Observance of Independence Day (City Offices Closed) 20 • Jul 10 – Work/Study Meeting 5:30 p.m. • Jul 17 – Work/Study Meeting 5:30 p.m., City Council Meeting 7:00 p.m. 22 • Jul 24 – Observance of Utah Pioneer Day (City Offices Closed)

24 Mayor Child added the Fire Banquet at Modere on June 21. Councilmember Jensen asked for more information on the proposed new regional sewer 26

treatment facility before his meeting on Thursday. 28

2. DISCUSSION/PRESENTATIONS a) VOCA Victim Assistance Grant – Colleen Coronado, Victim Advocate 30

Ms. Coronado introduced herself and her responsibilities. She explained the Victims of Crime Act Grant and statistics of her services. The grant allows her to help victims of violent crime, but the 32 judge and prosecutor ask her to help victims of other crimes that are covered by the non-VOCA grants. Councilmember Nelson asked Ms. Coronado to describe a case from start to finish. Some of her duties 34 include accompanying victims to meetings, phone calls, court paperwork, and help with police reports and make sure the victim is accompanied through the entire process. Councilmember Snelson asked 36 about the training involved for a victim advocate. Ms. Coronado has degrees in sociology and psychology and attends many continuing education conferences each year. She has worked for 38

Springville City Council Work/Study Meeting Minutes – June 12, 2018 DRAFT Page 2 of 5

Springville City for 15 years. She is very grateful for the job. Councilmember Jensen asked about the number of victims. The total number of ‘new’ victims assisted throughout the last fiscal year is 354. Ms. 40 Coronado answered the number 354 is the victim and children, witnessing the crime, count as secondary victims. If it happens again, each is a victim of a new crime. Chief Finlayson added this is a revolving 42 door situation. The Council thanked Colleen Coronado for her hard work and service. Attorney Penrod said Ms. Coronado is an integral part of the process, helping victims as well as the court. Chief 44 Finlayson added his compliments to her service and her value to the Public Safety Department. Ms. Coronado stated she enjoys her job and helping people. Mayor Child added it is an important need and 46 people need someone to talk to and he expressed appreciation for her service.

48 b) Audit Committee – Bruce Riddle, Assistant City Administrator/Finance Director

Director Riddle reported that before he was with the City, an audit committee was in place. It has 50 been inactive for some time. He explained how the audit process is currently working. A new auditor was hired last year after the City retained the same auditor for the last sixteen years. Councilmember 52 Nelson clarified that there is an audit process, just not an active audit committee. Director Riddle stated the current audit framework may not be comprehensive. Administrator Fitzgerald reminded the Council 54 that they receive an audit report every year.

Director Riddle reviewed the financial reporting and internal controls. A three-prong internal 56 control includes the City Council, City management and an independent auditor. This is a review of the Council responsibilities per ordinance. The Council has oversite over management, who executes the 58 process. The Council, through an audit committee should hire the auditor and decide when the audit happens. Councilmember Miller asked how the Council can help with the audit process when they are 60 not trained to perform the audit function.

Director Riddle explained the State Auditor’s fraud risk matrix and the suggested functions to 62 reduce the risk of fraud. The State Auditor suggested having an internal audit function and staff dedicated to audit as well as a hotline for employees and citizens to report fraud. Councilmember Miller 64 asked if other cities the size of Springville have an internal audit staff. Director Riddle answered Provo does not have an internal auditor. He continued by stating that in addition, an audit committee was 66 recommended. Director Riddle reviewed the practical tools of using an audit committee to ensure internal controls as well as financial reporting periodically. He explained the structure and tasks of an 68 audit committee. It would be a forum for more difficult discussions with the independent auditor. He asked the Council if they wanted to pursue an audit committee. The Council was in favor. Director 70 Riddle stated he will bring more information back to the Council. The possible make up would be two councilmembers and one citizen with a finance background. 72

c) Water Rights – John Penrod, Assistant City Administrator/City Attorney 74

Attorney Penrod introduced information on water rights and explained the difference between a water right and a water share. Ownership of water is still debated between the State of Utah and the 76 Federal Government.

• A water right is a right to divert water for a beneficial purpose. 78 • A water share entitles a person to a proportionate share of a water company.

The irrigation companies in Springville include Springville, Mill Pond, Coffman, Matson 80 Springs, Big Hollow, East Bench Canal Company and Wash Creek. Because of foresight in the past, the


Springville Irrigation District sets us apart from other cities. It brings water from Strawberry Reservoir 82 (one-acre foot per share) to Springville. This water can be used anywhere. Other cities have water rights with Strawberry, which must stay attached to the property. Mayor Child explained Springville has 84 shares, not rights to the Strawberry water. Director Stapley asked if a city needs a share to have a right. Mayor Child answered yes. The Utah Division of Water Rights page on the state website provides 86 information on ownership of water rights and shares. The current adjudication concerns water in the left fork of Hobble Creek Canyon. He explained the doctrine of priority, which is establishing who had the 88 water right first. The Booth Decree of 1904 states Springville gets an amount of water from this canyon from 1904 on. Springville Irrigation Company references that decree often. Councilmember Nelson 90 established that a water right can be passed on through generations. Diversion and depletion of water was reviewed as well as period of use, ownership and place of use. Forfeiture and protection from 92 forfeiture was explained. Mayor Child clarified that transferring can be deceiving. Farmers used water for land or stock. Cities use water for domestic use, which is year round, not seasonal. Attorney Penrod 94 stated priority determines storage of water as well. Sub streams are an issue because taking water out downstream affects those above. Quantifying is by cubic feet per second (cfs) or acre-feet. Springville 96 has water rights totaling four-acre feet per share based on the amount of water available year to year. Councilmember Nelson asked about ownership of water rights and water shares. Attorney Penrod 98 answered the state can take away water rights. Springville Irrigation owns rights to irrigate 4500 acres at four-acre feet per acre. Administrator Fitzgerald clarified the state owns the water and the state grants 100 the right to the irrigation company. Individuals own shares of the irrigation company. Water rights can be lost for nonuse in seven years. Mayor Child added that Springville Irrigation can protect their rights 102 from forfeiture by moving shares around to assure water rights are used within the required seven years. The City can hold onto water that is in the 40-year plan. 104

Attorney Penrod continued by stating House Bill 303 refers to water size requirements, culinary and secondary use. The State wants each municipality to reevaluate indoor and outdoor source sizing. 106 The building community wants to know how much water is being used. The City requires water shares for each development. The City also charges impact fees based on water infrastructure. By evaluating 108 water use, the City could lose water rights that it planned to use in the next forty years.

He continued by stating the state constitution controls what a City can do with water. The 110 legislature is looking to change the constitution. He touched on other legislation that applies to water. Councilmember Jensen asked about water in Plat A. Attorney Penrod stated the City provides irrigation 112 to Plat A. The City has the rights to the water and Plat A residents pay a water bill to irrigate. Some irrigation rights are from outside irrigation companies. Artesian Wells and point of diversion were 114 explained. When a well is on a property, the water is not necessarily owned by that property owner because of an agreement for a point of diversion. Staff continued to explain the conveyance of municipal 116 water rights. The Council and the Mayor complimented Attorney Penrod for his presentation.

118 d) Signs in the Right-of-Way – John Penrod, Assistant City Administrator/City Attorney

Attorney Penrod reviewed signs in the right of way. The owner of the Hobble Creek Coffee 120 Company provided images and commentary for the presentation. He asked about what is the easement and complained that his sign was confiscated. Attorney Penrod stated Main Street is owned by the State 122 of Utah. The City is allowed to implement its own rules as well. The defining case concerning signs is Reed v. Town of Gilbert, US 2015(United States Supreme Court, REED ET AL. v. TOWN OF 124


GILBERT, ARIZONA, ET AL., (2015), No. 13-502, Argued: January 12, 2015, Decided: June 18, 2015.) The Supreme Court held that the town of Gilbert Sign Code provisions were content-based 126 regulations of speech and unconstitutional. Opening up a forum, like signs, means anyone can use that forum. Code can be content neutral, dealing with size and location, but not content. Springville City 128 ordinance regulates the location and size of signs, not the content of signs. The owner of the Hobble Creek Coffee Company asked about his sign. Attorney Penrod answered Springville has closed down 130 the forum, meaning signs are not allowed in the right of way.

Director Goins reported on the city code requirements for signs in the right of way. The owner of 132 the Hobble Creek Coffee Company explained his business was not treated fairly when it came to signs in the right of way. Director Goins reminded him that he received notice and continued by stating the 134 code says anything in the right of way must be removed by the owner or the City can remove them. He displayed the notification each violator receives before the sign is removed. Councilmember Nelson 136 asked his name. He answered Mitchell. Councilmember Nelson clarified that Mitchell placed a sign where no one is allowed to place a sign. Mitchell said everyone puts signs there. Councilmember Nelson 138 agreed, but repeated that the code does not allow it. Councilmember Snelson asked about the sign ordinance and the sign districts. Attorney Penrod reported other signs were confiscated. He apologized if 140 contact was not made.

Attorney Penrod reviewed A-Frame signs in the right of way in District A in the City code. 142 Director Goins agreed the sign is allowed on Main Street up to 400 North. He explained businesses with yard space are asked to place signs in the yard. He clarified signs in the right of way are handled 144 differently than chairs and tables because of code. He concluded by noting that allowing signs in Sign District A opens the forum and according to the Supreme Court, any sign can be placed in the right of 146 way in Sign District A. Director Goins added that all signs in District A need an encroachment permit. Attorney Penrod explained the parked car sign rule. Mayor Child asked to conclude the discussion and 148 continue to Council and Staff reports.

150 3. MAYOR, COUNCIL, ADMINISTRATIVE REPORTS a) Discussion with Department Directors 152

Mayor Child asked Councilmember Jensen what information he wanted regarding the regional sewer treatment facility. Administrator Fitzgerald explained the state setup a meeting regarding a 154 regional sewer treatment facility in return for an extension to reach some of the effluent quality standards. The proposed regional sewer treatment facility will be about $250 million. The state is 156 pushing for the cities to reach a regional solution to validate an extension on the deadlines to meet quality standards. More information will be forthcoming from the Public Works Department. 158

Mayor Child asked Councilmember Nelson about the solid waste district. Councilmember Nelson stated they do not seem to be happy with our proposal. He suggested sending a secondary letter. 160 Administrator Fitzgerald asked for feedback on content of the letter. Councilmember Nelson asked Director Riddle if he had more information. Administrator Fitzgerald suggested a meeting with Public 162 Works Director Stapley.

Administrator Fitzgerald concluded by stating a business on the west side of town that does 164 filming needs to discuss a temporary building permit. Administrator Fitzgerald said more information will come back to the Council. 166


b) Mayor and Council Reports 168 There were none.

4. CLOSED SESSION, IF NEEDED – TO BE ANNOUNCED IN MOTION 170 The Springville City Council may temporarily recess this meeting and convene in a closed

session to discuss pending or reasonably imminent litigation, and the purchase, exchange, or lease of 172 real property, as provided by Utah State Code Annotated Section 52-4-20

There was none. 174 COUNCILMEMBER NELSON MOVED TO ADJOURN THE CITY COUNCIL MEETING 176

AT 7:04 P.M. COUNCILMEMBER SNELSON SECONDED THE MOTION, AND ALL VOTED AYE. 178

180 This document constitutes the official minutes for the Springville City Council Regular Meeting held on Tuesday, 182

June 12, 2018. 184 I, Jennifer Grigg, do hereby certify that I am the duly appointed, qualified, and acting Deputy City Recorder for

Springville City, of Utah County, State of Utah. I do hereby certify that the foregoing minutes represent a true and accurate, 186 and complete record of this meeting held on Tuesday, June 12, 2018. 188 190 Jennifer Grigg Deputy City Recorder 192

194

Staff Report

Date: June 27, 2018 To: Honorable Mayor and City Council Members From: Corey Merideth, Recreation Director Subject: County Recreation Grant

RECOMMENDATION Accept and approve staff recommendation for the use of the 2018 County Recreation Grant in the amount of $16,896.12. Authorize staff to submit the application as presented.

BACKGROUND

Once again, the county is accepting grant applications from municipalities for recreation and cultural facilities. In 2017 the Springville City was successful in making improvements for a variety of projects including; new scoreboard for Community Park, backstop cement wall at Bird Park, new set of Frisbee Golf cages for Jolleys Ranch, new set of U10 soccer goals, tumbling mats for Tiny Tots at CRC, volleyball official stands padding and safety netting at Bird Park.

1. $3,500 to purchase Tiny Tots equipment for Clyde Rec Center. 2. $8,500 to purchase safety kick plates for starting blocks in Comp Pool at Clyde Rec Center. 3. $4,896 to purchase dirt at Rodeo Arena and replace metal fence panels.

FISCAL IMPACT The total cost of these projects will not exceed the allotted $16,896 in County Recreation Grant Funds. ATTACHMENTS

1. 2018 County Grant Application.

RESOLUTION #2018-

A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN UTAH COUNTY AND THE CITY OF SPRINGVILLE, UTAH REGARDING THE ADMINISTRATION OF THE 2018 COUNTY REC GRANT. WHEREAS, Utah County is appropriating TRCC Funding “restaurant tax” in the form of a Grant; WHEREAS, the City has been awarded funds for projects of development or construction of facilities; WHEREAS, it is the mutual benefit of both Utah County and Springville City to enter into an agreement providing for the parties’ joint efforts to administer the 2018 County Rec Grant, and; WHEREAS, an Interlocal Cooperation Agreement, in the form attached hereto as Exhibit A, has been prepared to define the joint election administration and responsibilities. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Springville, Utah:

1. The Interlocal Cooperation Agreement attached hereto as Exhibit A is hereby approved. 2. The Mayor is hereby authorized to execute the Agreement in substantially the form attached hereto as

Exhibit A, with such minor changes and modifications as may be recommended by the City’s legal counsel.

This resolution shall take effect immediately, as allowed by law. PASSED AND APPROVED this 3rd day of July, 2018.

____________________________________ Richard J. Child, Mayor

ATTEST: _____________________________________ Kim Rayburn, City Recorder

EXHIBIT A

Interlocal Cooperation Agreement between Utah County and the City of Springville, Utah regarding the administration of the 2018 County Recreation Grant

S T A F F R E P O R T

CITY COUNCIL AGENDA

DATE: June 27, 2018 TO: Honorable Mayor and City Council FROM: John Penrod, City Attorney SUBJECT: A RESOLUTION THAT APPROVES TWO SETTLEMENT

AGREEMENTS AND TWO STIPULATIONS IN THE GENERAL WATER ADJUDICATION FOR THE HOBBLE CREEK AREA.

RECOMMENDED MOTION Motion to approve Resolution No. __ that approves two settlement agreements and two stipulations that resolve a number of objections to water rights in the General Determination of All the Rights to the Use of Water, both Surface and Underground, Within the Drainage Area of the Utah Lake and Jordan River in Utah, Salt Lake, Davis, Summit, Wasatch, Sanpete and Juab Counties in Utah. BACKGROUND In 1986, Springville City made a number of objections to water rights in the General Determination of All the Rights to the Use of Water, both Surface and Underground, Within the Drainage Area of the Utah Lake and Jordan River in Utah, Salt Lake, Davis, Summit, Wasatch, Sanpete and Juab Counties in Utah (the “Water Adjudication”). The Water Adjudication stems back to 1936; however, the majority of Springville City’s objections to water rights in the Water Adjudication were filed in 1986 through 1990. In 2016, the State appointed a special master to help resolve the objections in the Water Adjudication. Originally, it was thought the special master would not get to the adjudication in the Hobble Creek-Springville Area for several years. That is not the case. In March 2017, Springville City received notice from the special master that the special master was going to start proceedings in the Hobble Creek area of the Water Adjudication. Since that time, Springville City has been evaluating its objections and working to resolve those objections. The proposed resolution is to resolve all or portions of objections 51-4-12, 51-4-13, 51-4-14, and 51-4-27. The remainder of this staff report will address each of the agreements and stipulations that are part of the proposed resolution.

1. Settlement Agreement and Mutual Release of Claims by and between 28039 LLC, Holley Ranch Trust, Springville Irrigation Company and Springville City. This

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CITY COUNCIL AGENDA Meeting Date: July 03, 2018

agreement addresses Springville City’s objection 51-4-12 to a state engineer’s July 1, 1986 determination and water rights 51-5687, 51-5640, 51-5641, 51-5642, 51-5643, and 51-5644. Under the agreement Holley Ranch Trust and 28039 LLC is allowed to retain water rights to water approximately 30.65 acres and 200 livestock units and file an unopposed application to irrigate approximately 8.233 additional acres. In return, Holley Ranch Trust and 28039 LLC will give up water rights and objections that could amount to 216.532-acre feet. The agreement does the following:

a. Holley Ranch Trust and 28039 LLC will: i. Give up water rights 51-5687 (5.0 cfs, 136.532-acre feet, 34.07 acres)

and 51-5643 (2.0 cfs for fish culture); ii. Maintain the stock watering rights in water rights 51-5640, 51-5641, and

51-5642 (200 ELUs); iii. Maintain water right 51-5644 (30.65 acres, 200 ELUs), which

Springville City and Springville Irrigation Company did not file an objection;

iv. Recognize that water rights 51-5640, 51-5641, 51-5642, and 51-5644 are limited by their respective priority dates, which dates stem back to 1880 (Booth Decree gives Springville and SIC a priority of 1851);

v. Be allowed to change diversion on water right 51-5644 to match water rights 51-5640, 51-5641, 51-5642 (unnamed spring); and

vi. Dismiss objections 51-04-06 (seeking to enlarge water right 51-5786 by 20 acres), 51-4-13.

b. Springville City will dismiss the portion of objection 51-4-12 relating to water rights 51-5687, 51-5640, 51-5641, 51-5642, 51-5643.

c. Springville Irrigation Company will dismiss objections 51-4-13 and 51-4-23.

2. Settlement Agreement and Mutual Release of Claims by and between Springville Irrigation Company (“SIC”) and Springville City. This agreement addresses SIC’s objections to water rights 51-4255 and 51-4596. Under the agreement Springville City will give up water right 51-4596, which is located in Spring Acres area. Water right 51-4596 amounts to 50% of 1.0 cfs to irrigate 9.85 acres and stock watering of 37 ELUs. This water right has some fact hurdles that could prove difficult to beat SIC’s objection. In return, SIC would dismiss its objection to water right 51-4255 that would allow Springville City to maintain 0.45 cfs of water out of a spring in Jolley’s Ranch, amounting to .08-acre feet per day. SIC is worried about dismissing its objection to 51-4255 because SIC believes that it has a strong argument that the City gave up its water for shares in SIC. SIC has the same argument on several other objections. This agreement is being recommended because staff believes this is what a judge would should these water rights be litigated. The settlement saves litigation costs and gets rid of the only objections between Springville City and SIC, allowing the two parties to more freely work together on other objections.

3. Stipulated Motion to Amend Proposed Determination and for Partial Dismissal of Objections. Based on a prior lawsuit, this stipulated motion asks the judge to enter an order that the LDS Church abandoned water rights 51-5235, 51-5244, and 51-7404. As

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CITY COUNCIL AGENDA Meeting Date: July 03, 2018

part of the order, Springville City would dismiss that portion of its objection 51-4-12 that deals with the LDS Church’s abandoned water rights.

4. Stipulation to Resolve the Objection of Springville Irrigation Company (51-4-31) and a

Portion of the Objection of Springville City (51-4-12: Portion Addressing Water Right 51-3817). This is a stipulation drafted by the State Engineer that would reduce water right 51-3817 in approximately one-half to 0.492. The stipulation is based on a prior error in the records of the State Engineer’s office. With the reduction of the water right, Springville City would dismiss the portion of its objection 51-4-12 that deals with water right 51-3817.

FISCAL IMPACT None. Attachments: Proposed Resolution

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