Town Council - Regular Meeting

Okay, welcome to the Springdale Town Council regular meeting. Today is Wednesday, September 9th, 2026, and the time is 5.08 PM. We are at the Canyon Community Center in Springdale, Utah. With us from the town, we have Garrett Brack, Don Brack, Joe.

Parker.

Parker. I thought maybe you were... I thought you were asleep over there. Okay. Okay. Niall Connolly, Tom Dancy, Kendall Sagers, and Ryan Goobler. And we... Greg left. Okay. On the dais, we have... What's your name? Pat Campbell, Randy Aton, Barbara Bruno, Jack Burns, and Kyla Topham. And I will entertain a motion to approve the regular meeting agenda.

I move we approve the regular meeting agenda.

I'll second.

Got a motion by Kyla and a second by Randy.

Pat, aye. Randy, aye.

Barbara, aye.

Jack, aye.

Kyla, aye. Let's join me in the Pledge of Allegiance.

to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

I'm going to entertain a motion to approve the regular meeting agenda. Did I already do that?

You already did that.

Okay, I'm out of order here. Okay, so we'll start with any general announcements.

Yes, so we had a blood drive that was originally scheduled for tomorrow. We had some things come up with the Red Cross, so that has been moved to Friday, September 25th. Here in this building still, we'll start at 8 a.m. and go till 2 p.m. As with our blood drives, walk-ins are always welcome, but we do encourage people to register beforehand using the Red Cross website. And then on Friday, as part of the September 11th National Day of Service, we will be having a service project out at the Jolly Gifford Cemetery from 8 a.m. to 9 a.m. And we're going to be doing some cemetery cleanup, and we'd love to see as many people out there as possible. We will have tools. We'll have some water and some snacks. We just encourage people who are coming to bring gloves, and it should be a good time.

So thanks.

You said this Friday?

Yes, this Friday.

One other announcement. I just want to recognize the incredibly good and hard and dedicated work of our Public Works crew and Parks crew in the aftermath of the flooding event last Monday. They worked literally around the clock to get the roads back open and passable, particularly in time for the Labor Day traffic and Labor Day holiday. They've done a huge amount of work cleaning the streets. This is the most flooding that in recent history that anyone can remember, and the amount of mud and debris and dirt and water all over the roads was incredible, and they've done a great job cleaning that up. Obviously, there's still a little left to do, and they're continuing to work on it, and they're going to get everywhere and get it all fixed up, but it really was a Herculean task that they undertook and did a fantastic job of accomplishing. So thank you very much to our crews for doing that.

Joe, thanks for your leadership on that. You've done a fantastic job. It was a lot of work. Any other announcements? Anybody from council? Okay. We'll next have a Zion National Park update. Superintendent Bradybaugh. Good evening.

Good evening. Follow up on the flood report. Yeah, pretty significant amount of water, obviously, in very short time. Our river gauges record up to 6,000 cubic feet per second at the highest point. Now, we've had bigger flood events than that, but the intensity was such that, as we all saw here in town as well as in the park, a lot of debris and mud came down. We're still cleaning up a little bit as I know the town is. We're also doing some assessments of some of the culverts and bridges where we had some riprap that was moved by this high flow rate and we're still busy cleaning out some of those things. I think one of the successes that we saw was the large box culvert there at the south entrance to the park. The last big flood event we had, a lot of material came down in Design Canyon Village. That box culvert did a great job. It kept that material from flowing down there. It did fill up the trench. So we've re-established that. right away afterwards. That proved to work out very well, fortunately. Again, still work to be done on that. Visitation numbers. As we all know, it was a little bit quiet in August. The numbers for August compared to August last year were down 13.8%. That's one of the biggest single-month declines I can recall. So we've seen really high spring visitation. It kind of slacked off through June. July kind of went down. August has gone down.

However, year-to-date, compared to last year, we're down 2.5%.

So again, that spring year, intense visitation has kind of carried things for the year so far. I'd be happy to answer any questions folks have. Thanks very much.

Jeff, Labor Day seems quieter than usual. Do you have a feel for that?

I haven't got all the numbers yet from there, but it was definitely less. I was keeping a watch on the daily report, and we were running 18,000 on a few of those days, but for a Labor Day weekend, that's more like a normal summer day. So it was certainly down, and we'll be digging out those numbers here. after we clean up the flux.

Thanks. Next item on the agenda is council department reports. We're going to have a presentation from Tyler from the fire district, but does anyone have any questions or comments about the reports before we do that? Okay, Tyler, you want to introduce yourself and?

Good evening. I'm Tyler Ames with the Fire District. I'm one of the battalion chiefs. So just a few items. So incident responses. Last month we had 30 here in Springdale, eight in Zion, and then five in Rockville. We're still, we stay pretty steady. We're seeing about a 10% increase in our call volume kind of across the district, which is something we typically see every year. So we're kind of in part of that.

Are those 911 calls, essentially? Okay. Okay.

To go along with that, in July, we changed our staffing model up here. We traditionally staffed it with three. Now it's four. So we have four-handed staffing at the fire station here in Springdale on a permanent basis. So that will consist of a paramedic, an engineer, and then we have two, sorry, a captain, engineer, and then two paramedics. So it kind of helps because typically what happens is if we get an EMS call and the ambulance has to transport down, we've had the station from Leverk and their crew is moved up. And so we won't have to do that now. We've placed a second ambulance up here so it's quicker, ready to go.

If you mentioned a chief, an engineer, who else?

Sorry, a captain. Captain.

Got it.

And then real briefly, if you haven't noticed, we've had a couple responses to one of the hotels here in town. It's probably happened three times now, and it has been kind of significant. There has been smoke inside the building. I just wanted to explain that just a little bit. With that size of a structure and that many people, it usually requires a large response from the fire district. We have to kind of take it as such until we can figure out what's going on. And so with that, we usually have... Station 49 responding, station 43, station 41, station 42, station 46. And then typically what happens is Washington City will transition an engine over into Hurricane and Hilda will come down. So it's quite the process, but it's because of it's such a large building, it takes a lot of manpower. The two incidences, one of them had to do with the HVAC system. It was a burnt up air handler. And so it was emitting smoke into the building. And so until we can figure that out, we have to keep that response going. And so there's usually a lot of trucks coming into town. But that's happened, I think, three times now. And it was the same kind of the other one was another unit again doing that. So I just kind of wanted to explain that just so there's kind of an understanding. And then lastly, we have our 9-11 event taking place. That's actually going to be moving to the Hurricane Rec Center this year. It's typically been at Station 41. It's gotten a little bit bigger, so we'll have our flag up. The flag raising is going to take place at 7 a.m. And then this year at the Performing Arts Building there, just on the grass, they're putting up individual flags for each of the first responders who passed away on 9-11. So there's over 400 flags that they'll be putting up that morning. So we would invite everybody to come down to that. Any questions or anything I can answer?

When does that event happen in Hurricane? What are the hours?

So the flag raising will take place at 7 a.m. And then kind of throughout the day, usually in the morning, we have a speaker. I believe there was a police officer who was there that lives in Tokerville. And I believe he's the one speaking this year. And then people can go and walk and see the flags. And then each of the flags will have a picture with a description of the individual, what their job was, and a little bit about them. And so that'll be there all day. Thank you. All right, thank you.

Next, we'll take any community comments. If you wish to make a comment, please make sure you've signed in on the roster on the back. State your name and limit your comments to three minutes or less.

I feel like I'm a lot closer to you guys than usual. I just wanted to say that last night I had the opportunity to walk down the hill from the Mesa at 9 o'clock. And I have to say, I really didn't realize how good a job we've done with our night sky lighting. It was absolutely stunning to me to see how good it was. And I want to thank Tom Dancy because I've only been here 25 years, but Tom has been always involved with making sure that we get our ordinances as best as we can and we keep improving them. So thank you, Tom, so much for making sure we have a really good night sky here. Thank you.

Thank you. Any other comments? Okay, we'll move to the next item on the agenda, which is a consent agenda. Review of the monthly purchasing report, minutes from August 12th, 2026, a proclamation 2026-06, proclaiming September 17th to 23rd, 2006 as Constitution Week in the town of Springdale, and proclamation 2026-07, proclaiming October as Domestic Violence Awareness Month.

Move to approve the consent agenda.

I'll second.

Motion by Jack and second by Kyla.

Pat, aye.

And Ian.

Barbara, aye.

Jack, aye.

Kyla, aye. Okay, next item on the agenda is a public meeting. Resolution 2026-11, opening and amending the fiscal year 2026 to 2027 Town of Springdale budget. The staff contacts are Don Brack and Tom Danzy. And the process we'll be following is on the back of the agenda under public hearing format. So we will begin with a staff introduction and explanation, and I'll let you know where we are in the process as we go through the public hearing.

Thank you, Mayor. As you mentioned, this is a... public hearing to amend the budget. We adopted the final budget in May of last year. And since that time, it's become necessary to amend the budget for reasons that are outlined in the staff report. There have been a few expenses that were anticipated at the time. and a few expenses that the exact figure was not known at the time of the final budget, and then one minor clerical housekeeping budget item is necessary. Rather than go through each one of those line by line, if you have questions about any of the changes to expenditures or revenues in the budget, I can answer those, or Don is also available to answer those. after holding your public hearing and then deliberating upon this amendment if the council feels that these Proposed changes are in keeping with the town's budgetary principles and will promote the town's goals and priorities And then you should adopt resolution 2026-11 which will officially make those changes to the budget So again any questions on the specifics of the of the changes dawn or I can respond to any clarifying questions Thank you for color coding it, Don. The new budget sheets are Dawn's creation. And they are super handy and much easier to follow. So that was a huge amount of work that she went through to recreate our entire budget in this new format and these new sheets. And so thank you for noticing. And really, that's all Dawn's hard work.

Thanks, Don.

Looks good.

Are there any clarifying questions from members of the audience? Seeing none, I will entertain a motion to open public hearing.

I move to open public hearing. Second it.

Motion by Jack and second by Pat.

Pat, aye.

Randy, aye.

Barbara, aye. Jack, aye. Kyla, aye. Are there any comments? If so, we'll follow that same procedure. Seeing none, I'd entertain a motion to close public hearing.

I move that we close the public hearing.

Second.

Motion by Kyla, second by Randy.

Matt, aye. Randy, aye.

Barbara, aye. Jack, aye. Ayla, aye. We are in deliberation. Anyone have anything? Seems like we all support, so.

Yeah, I think all of them are necessary.

Okay, do we have a motion?

I'll make the motion, Mayor, if you please. Please. Council approves resolution number 2026-11, a resolution to open and amend the annual budget of revenues and expenditures for the various funds of the town of Springdale for the fiscal year ending June 30, 2027. Motion is based on the council's findings that the proposed amendments are necessary to revise budget revenues, expenditures, and fund balance appropriations to reflect current fiscal needs and budgetary changes. that the amendments are within the council's authority and comply with applicable state law. The approved amendments are listed in the staff report, which will be attached to this motion. Tom, do I need to outline what those are, or is that sufficient?

That's sufficient. The resolution itself contains all the information and then the details on the budget sheets as well. Got it.

And authorizes the mayor to sign.

I'll second that.

Motion by Pat, second by Randy.

Pat, aye. Randy, aye.

Barbara, aye.

Jack, aye.

Ayla, aye. Next item on the agenda is a review of a lease agreement between the town and Atlas Tower, whereby the town would lease land at 236 Paradise Road to Atlas Tower to construct a cell tower at this location. The applicant is Cornelius Whitehead and the staff contact is Niall Connolly.

Thank you.

Is Mr. Whitehead here?

So we have mic power.

Okay. Okay, so if we have questions, we'll know you're here to... Okay. Niall, do you want to start us?

Thank you. So Atlas Tower LLC would like to lease property owned by the town at 226 Paradise Road in order to build a cell tower. It's directly beside the Rocky Mountain Power substation, just behind Red Hawk Drive, and Atlas Tower is a company that builds cell towers and leases space to individual carriers. Verizon has expressed an interest in deploying their infrastructure at that location if Atlas builds the tower. A cell tower at this location should also be capable of accommodating other carriers co-located on the same tower. This property is one of The nine locations identified in the wireless communications master plan, which the town adopted, those nine locations are kind of those pre-vetted, in principle, approved locations for cell towers in the town. So the proposed lease agreement includes a three-year testing period, during which time Atlas would carry out the various technical assessments and then also obtain the relevant permits as well. At the end of that testing period or once they have the permits in place, Atlas Tower would have an option to give the town notice of their intention to construct the tower. And then once the tower is constructed, Atlas would begin paying the town rent for the land. The lease agreement has a 30-year term, which could be extended. If Atlas were to decide not to exercise the option, the lease agreement terminates at the end of the testing period. So Atlas would be required to apply for the relevant permits before constructing the tower. So the council should review and discuss the proposed lease agreement. And if you're of a mind to approve it, instruct the mayor to sign it. And as you noted earlier, we have a representative here from Atlas Tower, Mike Powers, and he'll be able to answer any questions as well.

So what are the relevant permits that are going to get during this testing period? Since after they do that, they still... If I'm understanding you correctly, they're coming back to the town for the construction permit.

Yes. The town permits required are a wireless communications permit, design development review, and a building permit. They would all be approved by the Planning Commission.

Is the testing period to see whether they get the coverage they want from that location, or is it more than that?

My understanding, and Mr. Powers can fill in if need be, but it's that kind of their soils reports and those sorts of assessments during the testing period. Is that correct?

Do you want to come up to the microphone and state your name?

Good afternoon. My name is Michael Powers. I represent Atlas Tower, and by a master lease agreement, I'm somewhat talking for Verizon Wireless as our partner on this site. This site is actually in a very good position to actually be moving along faster than most sites. Typically, all of our due diligence to actually break ground can take no less than eight to 10 months. And sometimes that can take a lot longer. But on this project, we're in a position to go a little bit faster. There are two sections of red tape that we have to get through. And the first one is actually federal. So the telecommunications, requires this facility to be built in a specific way and also go through a bunch of technical and environmental and other things that need to be discovered and made available to the right people. So for instance, we have to go through a FAA process to make sure that the tower is not going to have an air navigation issue. We also go through the FCC, which requires us to do a NEPA report. That's a report to make sure that we're not interfering with animal, plant, endangered species, tribal interests, and a whole bunch more. That process also includes tribal consultation, which is probably one of the longer tents in the room because it takes usually three months to either get all of the tribes to either say yes, no, or time out. And time out is when they just refuse to just to say anything about the project. But we're already moving in that direction, and so that's usually my concern in terms of going fast. The federal stuff really goes, is something that we don't have a lot of control over in terms of how fast we get those permits. Otherwise, it's on this level of government where we can talk to each other, it's easier to fix things if there's a problem and if you have questions, we're available and you're not dialing 888 or whatever, not getting an answer. This tower obviously is definitely needed. I actually had the use of, One of your colleagues on the fire team just 20 minutes ago to tell me how to get here. My phone navigation was not working and I could not find this location. And I'm laughing, but this is a really important thing. Your community needs E911 databases so that your police and fire can get to a place the first time without doing what I did, which is getting lost close to the close to where I needed to be. That's one thing. And also your police and other first responders are going to be using, even if they aren't now, probably going to get more than 97% of their calls are going to be from a mobile phone. It's not going to be somebody driving down Main Street and looking for the 123 address. So all of this is, that's the needed stuff. Your community also actually gets other things that you can integrate into a network once your community is well covered. And that's what we strive to do. Another thing that's probably important for you to understand, maybe you already do, we are what the industry calls a tower code. So we're not Verizon, we're not a mobile network operator. and we're not a constructor either. We are a talco. We develop the sites with alliances and contracts with municipalities and also with groundowners that maybe not be owned by the municipality. We build a site. We make sure the site is of able to have at least four full arrays of antennas. So that means we could in theory have all three of the current carriers plus fire and safety on a building and still have all that work. And we do that by mostly spending a lot more money on our foundation and our engineering for the steel so that we have a tower that can deal with all of the requirements to be strong enough to have all that equipment on there and still not have a problem with ice loading or some serious storm, et cetera, et cetera. And if you're curious about that, I'd be happy to show you more about that. But our goal is basically to develop the towers and then lease them back to the carriers and hopefully create a good relationship with the community here and be your go-to for more communication development as you get bigger and bigger. You're already way bigger than the last time I was here. So yeah, that's pretty much what our goal is. And I think you probably talked a lot more than what Mr. Connolly asked me to talk about, but I'm happy to answer any questions you might have.

I do have a question. I don't know much about what you do, but you don't actually, this 36-month lease, you don't build it. You just test in that area. Is that right?

Yeah, so it's really not a testing period. It's an option period. So here's the deal. A lot of times, the carriers will send us, because we have master lease agreements, they'll send us places where they want to develop. And we'll start putting money into the project by getting a lease, starting a NEPA process, doing an engineering and stuff like that. And then sometimes it stops. We don't break ground. Why? Verizon just you know, laid off 30% of their nationwide workforce. Or maybe they decided that there's a bigger thing they want to do 20 miles away. And so what we're trying to do with this testing period, really, is to have all of us, including Verizon, who's not here, agree what the economic... obligations are for all the parties. So then if we have a glitch where we start and then we have to stop because we're not sure the projects can go on, we want to be able to revive that. And we certainly don't want to have the contracts fall apart while we're waiting for some kind of due diligence. So that testing period is pretty long. This one, on this one, I can't predict the but I don't see this one going more than 12 months and hopefully a lot faster than that. But that's what the testing period is. It allows us to make a deal and we'll rely on that deal for both sides in case it takes a while. I've seen sites go five years. I've seen five months. So that's the reason for that.

Thank you. So a cell tower then gets built at the end of the testing period. Correct.

But it's not loaded to 36. It says we must build within 36 months. The idea is just to make sure that we can just keep moving if we have a glitch that slows us down. And then that gives you, as a municipality, a right to say, gosh, you guys didn't really do it. It's It's a long time now. Forget it. Or we're going to try somebody else or something like that.

The cell tower itself is not part of the design development component of the test period. You mentioned the design development.

It is, but that's one of the easier ones because we have total control over that. We have engineers that will design the tower and we can work with the tower manufacturer to make sure that that engineering standards for that tower is correct and that they can build it within X number of weeks or months to deliver it to us. Those kinds of things are things we can do ourselves. I can't push a NEPA. If there's a bat that's in the area, I got to deal with federal to figure out if we can move forward.

So I'm trying not to jump ahead too much, but part of this is if this all works out, and it'll be interesting for us because this is kind of a first for us as it relates to the communication plan. But the design of a 70-foot concealed cell tower, I'm a little curious what our review process will look like on that.

I think Kyle will answer that.

I mean, because I'm kind of curious about the public review component to it.

So I can give comments that might help you to have a dialogue amongst yourselves. I personally think most of the time the stealth structures kind of fail in terms of making people not see the thing that they can see. If you put a fake tree. In the ground, everyone says, there's the fake tree. It's just the same thing. It's exactly what I thought a fake tree would have roots with concrete. Other communities like that, I think that actually the fake tree, the monopine, it's called, is probably the best one if there are similar sized trees near it. We've done other things like fake water. water wells and drain silos and such, but it has to mix with what's already there. This is all my opinion. This is not really for me to tell you what you would like in terms of the aesthetics, but our options are a straight pole with stainless steel and make sure that it looks, you know, the color of the gray sky, that works pretty good in my mind. You forget about it like you forget about a telephone pole. If there's trees in this area, I'm sorry, I didn't have time to see this selected location, but if there are trees sort of in that, they're not.

I can potentially kind of help a little bit here. So this... Yeah, so the master plan envisages a 70-foot tower here. The design is probably going to be a painted monopole, probably painted a color like a rusty color that reflects the colors that we see regularly in the canyon. So that's probably the design we were envisaging here. As far as the approval process, the... Wireless communications facility permit would go before the Planning Commission And it would be at a public meeting so the way the code is written Because this is a designated area for a tower. It wouldn't be a public hearing, but it would be approved at a public meeting Thank you, so I don't it

I have been involved in this, I think, Niles, since the beginning, since we started talking. And I have to say, Atlas has been, we've been approached by other terror companies and Atlas has been great to work with. We've gone back and forth and we've worked with our attorneys and they've agreed to everything that was a sticking point for us. Our new master plan identifies this site and we all know that we need to improve cell service for our residents. It will benefit visitors as well, but our residents, that's one of the complaints that we hear the most often. I am in support of this lease and just want to hear what the rest of you have to say.

I do too. I think our communication plan identified a number of sites that we were And so this is kind of the start. So I'd say let's get this thing started. Let's get better service for the whole community.

And Verizon has really stepped up. I was hoping when you contacted us that it would be for Verizon. They've really stepped up and worked with us. And in fact, they're working on two bad areas right now that we have identified.

I do think that we want to be really clear that this cell tower allows for other carriers, that it's not just dedicated to Verizon?

It does. That was one of our sticking points also.

I think all in all, this is probably, I mean, considering this is our first go-around with the new plan, and we're kind of all learning as we go, this is probably a very favorable... idea that there can be more than one provider, it's kind of set back a little bit. It will be noticed in the beginning, but I think, like Niall just read to us a mono poll, we gave that a lot of thought in the beginning. So I am also supportive of the lease agreement, and I hope he's right and it doesn't take 36 months. That'd be great.

Do we have a motion?

Going out there. Town Council has reviewed and approved the lease agreement between the town of Springdale as landlord and Atlas Tower 1 LLC as tenant. for a portion of town-owned property at 226 Paradise Road, parcel S160-NP, for development, operation, and maintenance of a wireless communications facility, and authorizes the mayor to execute the lease agreement and related memorandum of lease. Now, Tom, do I need to include conditions or the lease seems to contain all those conditions? You're ready, right?

That's correct. Are there any additions?

Motion by Pat and second by Randy Thank you for being here it was good to have somebody to represent next item on the agenda is a UDOT Zion Canyon Fiber Optics Project, a noise exemption permit, request for a noise exemption for nighttime fiber optic construction along SR9 in Springdale to be conducted by BHI on behalf of UDOT. From September 9th through December 31st, 2026, between 8 p.m. and 4 a.m., The applicant is Kylie Dabb and the staff contact is Eugenia and Niall, I assume you'll handle that tonight. So do you want to get us started? And I see we have at least one UDOT person here. So, okay. Are you part of this? Okay. So if we have questions, then we'll have you come up.

Thank you. So yes, this is a noise permit application or sorry, noise exemption permit application. took over nighttime work for the UDOT fiber project on SR9. The anticipated dates are from September 9th to December 31st between 8 p.m. and 4 a.m. And so the intention is to do some work during the night to reduce traffic impacts that would arise during the day. And the proposed work is likely to exceed the maximum decibels allowed in the town code and and therefore the the permit is needed and The council may approve an exemption permit for projects that have a public benefit The applicant may mail notice to all the property owners within 600 feet We received one response to that which was Posted on the website. So I think you should have seen that and The applicant has also proposed some mitigation measures that they'll use to reduce the levels of noise as they're working. So if the council is of a mind to approve the permit, those mitigation measures could be added as approval conditions. And we also have our colleagues from UDOT here. answer any questions.

And the letter that we got from a resident and business owner talked about not using backup alarms during nighttime work and I see that BHI is proposing that as well. So I think I like the list of conditions. And then I think that the letter also alluded to the fact that this might not be the very best time to do this. That is not something that UDOT or Springdale has a choice about because the funding is available. It's got to be completed by a particular date. And I think everybody in the beginning was wishing we could do it at a different time, but it is well on its way and happening. So just a comment to that effect because we talked about that a lot when we first were meeting with UDOT. Any questions for UDOT? Are you with BHI or are you with? Okay, great. Questions for UDOT or BHI?

The only question or concern I really have is September 9th to December 31st, that's a long time. Do you really anticipate working five nights a week for the entire period? Or is it kind of like- In Springdale.

In Springdale, in the town of Springdale.

Yeah, so we did it as a blanket. if it's approved at any point in time sorry could you mention your name could you introduce sorry my name is kylie dab i'm from bhi um and yeah we will we did it kind of as a blanket to the end of the project um we don't anticipate you know working the entire time in the project but we just wanted to make sure we had that permit covered for the nights that we are working um and so we we we anticipate that will be done you know earlier than anticipated but yes it It could potentially be five nights or it could be three nights a week. It just depends on the situation and where the project goes.

Is the project going as you anticipated?

That's a trick question.

I mean, when you, when UDOT or maybe it was BHI, somebody presented to us a while ago and it didn't seem like night work was on the radar at that point. And so I just wondered, like, is this, are you, was it always anticipated that you would do night work, or is this kind of a shift?

My name's Devin with UDOT. I'm the project manager for this job. Night work wasn't really anticipated, but it was an option that we gave the contractor. And so they're wanting to exercise that. It's not something that we guaranteed either, you know, but it's something that we can, or welcome them to go after with the city?

It's probably to our benefit that they work at night rather than when all the traffic is on the roads.

I think the biggest reason why we just opted to go at the night, in the nighttime, is that most of the directional drilling will be happening in the bike lane or on the concrete on the sidewalk in that area. And so we figured that it would be less impactful to the, to the tourists, to the town, to the residents, to the community, that if we did it at night, there would be nobody on the bike path, there would be nobody on the sidewalks. There is going to be a lot of construction that's going to happen in those locations, but we wanted to just mitigate our actual work during the day to impact the public.

Won't those areas still be the same when the sun comes up?

It depends on the location, right? Some of those locations will have concrete that we'll have to remove, and they'll have small... fenced in areas where we've had to remove the concrete and remove the asphalt in order to drill, but those will be very shortly after we get it done.

But it's not like you do the work at night, and in the morning the bikes can drive over this, right?

No.

It doesn't matter whether it's daylight or not daylight. You still can.

Well, we have trucks. All of our equipment would be out on the road. So we have big, large trucks and trailers.

I have a few questions on everybody. At night, When this equipment's in the road, do you have flaggers out closing lane?

Yeah, we won't close lane. In our contract, we're not allowed to do a lane closure. We will do bike lane and shoulder closures and sidewalk closures. Got it.

You would do that, but you'd also do that during the day?

Yeah, we could, absolutely.

And you'd do it at night also?

Yes.

Okay, so we are not sure what the difference between doing it day and night is, other than the fact that it might impact.

The noise, it's really, really loud. It's about 100 decibels of our machinery that we're using, and so if we were doing it at night, it would be very, very loud to the residents and the businesses and the people around as well. So that's primarily for the noise permit, is that our machines are pretty loud.

But there's less people at night, right? So there wouldn't be as much impact to the tourists, the travelers that are using the bike lane and the sidewalk, is really what he's saying.

By the people that live here, what about them?

Yeah.

I mean, I love the tourists. Well, I like the tourists, but I love our residents. How do I do it? So I guess...

Yeah, a lot of our mitigation, we're going to try and we'll have everything fenced off as much as we can. We want to do it in a position where we're not impacting the bike lane or the sidewalk. But unfortunately, the way the utilities are, we're going to use any measure we can, right, as far as we have sound boards that we will put next to our machines. that will direct the sound into the street instead of to the residents or to the business or whatever that is. So we have sound boards that we're going to use and we'll move those right along. Now, keep in mind that when we directional drill, that's what we're doing is we will have a directional drill sitting at one location and, you know, 600 feet down the road, you know, we won't impact that 600 feet, we'll just impact that resident or that business or that other location where we're ending up on the other side. So it's not going to be long sections of impact. It'll just be small ones across town that will be impacting.

Is there any one area that's impacted for a short time and then you move along? And Pat, my perspective on this is that it's UDOT's road and this project is going to happen. If we can keep traffic moving and keep people out in the bike lanes and on the sidewalks during the day, that's great. I mean, it's going to happen anyway.

Who monitors the noise? Do we do that, Niall? The notation here about if we approve this, there are bands of decibels that we have to stay within. Who checks that out? Who does that? We don't have somebody out there doing this all night long, do we?

So it's the exemption that allows you to exceed what the code says.

So it can exceed beyond whatever it is. So it's not being measured because they're exceeding.

One question I've got is as far as just trying to establish expectations for businesses and residents, I'm just kind of curious if you've thought about providing a map that actually shows where you would be located at and if you could Perhaps establish a time frame within that area I've got a vacation rental right on the boulevard the more notice I can give my guests on To expect you know that they may not get any sleep The better, so I'm just kind of curious if you've thought about that We absolutely had I think we we'd had a meeting with the city and we wanted to try and be as accommodating as possible to the city and the only really

way we can be able to draw a map out is if we locate the entire town and know where all the utilities are in the entire town to know where we're going to set our drill up and where we're going to end we'll begin and end does that make sense well i guess my question is is are you going to start on one end of town and finish on the other yeah yes sir so i mean like if you split it up into sections and just said you know during october we expect to be you know on this end of town

Even approximation. Yeah.

Yes. Yeah. And we can come up with something right now. We're starting at the Hotel de Novo. Is that right? So we're starting at the Hotel de Novo and that will probably start within the next couple of weeks. And then we will go to the LDS church right there as you come into town. And that will probably take roughly three to four weeks. And then we'll go from the LDS church to.

oscars somewhere in that neighborhood and then we'll for three or four weeks and then we'll be three or four weeks from oscars to the to the entrance of the park yeah i agree with jack the more information that the town can put out on to manage people's expectations the better we know you can't be precise like it'll be this night at this time but anything that you can share that we can push out would be great yeah we'll do our best to put a schedule together we know

We're not sure exactly how it's going to be based on the ground conditions. There might be locations that are rock, and we've been told that most of the town, there's a lot of rock by the town people, not the city council, but the public works people. Sorry. Oh, what's his name? Yeah, what's his name over here? It's Joe Barker. But, yeah, no, it'll be based on the ground conditions, where we set up, and how long it'll take. But we'll put together a preliminary schedule that we can get out to you guys.

So with the noise, especially considering Mr. Zabella is concerned about the backup tones, I mean, OSHA does allow you to use a two-man system and avoid that, correct?

Yeah, we'll have spotters. Most of our trucks don't have backup alarms. Some of our bigger ones do. But we'll just make it a point that we won't use backup alarms at all avoid that at all cost in the in the in the Yeah, we won't I say would say 75% of our vehicles don't have backup alarms Yep, yep, yeah, we'll drive.

We won't back them up We'll just drive around the block if we have to or whatever well as question about the complaint system And I'm not sure how how that works Hotline during the exemption period who takes that phone call if somebody calls up to complain who gets that I?

So UDOT runs a hotline, and we can take complaints there. I've got a really good public involvement staff.

It wouldn't be anybody in the town, correct?

We'll certainly pass those on. We can do that for sure. But yeah, our hotline, and I just assume that complaints could be passed to the city too.

I mean, I anticipate we may get a complaint or two. I'm just curious who it goes to. Okay.

Yeah, we can build those and then address them and coordinate with the town.

Thank you.

You know where those calls are going to go. You know where they're going. Any other questions? Are you working on both sides of the road?

So, yes, we will. So, basically, from Hotel de Novo to roughly Oscars, it'll be on the north side of the road, and then it'll transition from Oscars to the park it'll transition a couple of times on both sides.

But it'll only be one side in any given stretch? Yes, ma'am.

Okay. Niall, I had a question in the staff report, which Eugenia, I thought, did a wonderful job. There's a little bit of talk in the middle, like she's listing some of the provisions that BHI says, you know, no backup cameras or no backup tones and things like that. And then it goes on to talk about backfilling and fencing, and I wondered, I didn't see those in the conditions. I wondered, are they not conditions because they don't have to do with sound, or should they be conditions?

Yeah, so this section I think you're referring to, it lists, yeah, backfill excavated areas as work progresses through the corridor. Yeah, that's probably not directly related to noise So it may not be, unless, correct me if I'm wrong.

I think day or night those would have to happen, and they're independent of the nighttime permit.

But what's before us is just a noise exemption, and that's... Yeah, I just wanted to make sure that those didn't somehow just get left out of the conditions when...

When they were brought down to the conditions. Yes, so this might be a question to you. So if that backfilling and covering areas as we're progressing through the corridor, that's not really a sound mitigation thing, is it? That's more of a safety. Yeah, so it's probably just listed here as general mitigation, but maybe not specific to the noise permit.

Okay, that's kind of what I was thinking. I just wanted to make sure I... We weren't leaving a hole somewhere. Okay, literally no pun intended.

Is anyone ready to make a motion? Thank you.

You can sit down if you'd like.

I move that the town council approve the noise exemption permit for the UDOT's canyon fiber optics project. R9 for September 9th through December 31st of 2026 between the hours of 8 p.m. and 4 a.m. subject to the following conditions as stated in the staff report you finish that out Jack motion is based on the finding that the application satisfies the requirements for a noise noise exemption permit established Section 4 dash 3 B dash 2 C of the Springdale Town Code Yeah, the mitigation I think the conditions should be part of the motion if you're yeah, I do too what should be the condition the conditions mitigation Conditions, but I mean it's not sufficient to say as stated in the staff report. I Mean do we need to repeat that?

Thank you, clerk. So we don't need to include, for instance, the don't activate your backup tones, use visual signals. We don't need to do that?

They've been included by...

It's in the mitigation. They talk about it.

Just to be clear, the reason why I'm reading them out is so that all the council is aware of what we're doing. You may just want... Miles got them up on the screen here. You may just want to take a second to make sure that you're all good if those members want to read it.

We're taking longer to not read them than we would take to read them.

Yeah, and I just want to make sure that I would like to see all eight represented. I think that BHI suggested them. They're in the staff report. I just want to make sure that all eight are captured.

Does someone want to make an addition to that motion and add those? Or Jack, do you want to just read them?

I can read them real quick. Okay. One, the noise exemption shall apply only to the UDOT science fiber optics project within the town of Springdale and only during the dates and hours approved by the town council. Nighttime construction activities shall be limited to those necessary for completion of the fiber optic installation. Jack hammering and saw cutting shall be conducted during daytime hours and shall not occur during the nighttime exemption period. Asphalt paving shall not occur during the nighttime exemption period. BHI shall minimize the use of vehicles and equipment requiring backup alarms during nighttime operations to the greatest extent reasonably practical both. Construction crews shall use two-way radios or similar communication methods to minimize unnecessary nighttime noise from crew communications. BHI shall implement the noise mitigation measures represented in its application and supporting materials and shall conduct nighttime operations in a manner that minimizes noise impacts on surrounding properties. The application shall maintain the project contact information and hotline during the exemption period so that concerns associated with nighttime construction can be reported to the project team.

Thank you. I will second. We've got a motion by Jack and a second by Kyla.

Matt, aye. Randy, aye.

Barbara, aye.

Jack, aye. Kyla, aye.

Jake? And next item on the agenda is Resolution 2026-10, Adopting an Updated Code of Conduct and Rules of Procedures for Public Officials and Public Meetings. Tom?

Thank you. As you mentioned, Mayor, this is a policy that will update the Council's Code of Conduct and your Rules of Procedure for operating your meetings and for your general meetings. kind of conduct as public officials. As we've reviewed this in the past, you've kind of reviewed this from the perspective of the town council, which also realize that this applies to all public bodies. So these are the same rules of procedure that will apply to the planning commission, the historic preservation commission, and the art review board. You've reviewed these in previous meetings, most recently in the August meeting. At that time you had some concerns about the policy is drafted and requested that staff make changes. You wanted the restriction on discussing administrative items with the public outside of a meeting of outside the public meeting clarified and revised. You wanted the protocol surrounding attendance at meetings of other public bodies clarified. You wanted a change to the media policy to clarify that all members of the public body may speak to the media to express their personal opinions. And you wanted to revise the permissible content of public comments during the open comment period of town council meetings to allow questions directed to staff. And so the version of the policy that's in your packets reflects those changes. Subsequent to the packets going out, Council Member Campbell had some further suggestions for clarity and enhancement to the language so that it's more in line with what was discussed in the August meeting. I emailed those changes to you yesterday and I also have those up on the screen if you want to refer to those as well. Your options tonight are to adopt the policy as originally drafted in the packet material, or you can adopt the resolution referencing the revised language based on Councilmember Campbell's suggestions, or you can make further tweaks or changes in tonight's meeting. I would encourage the Council to come to a decision on this

Yeah, we beat this one to death tonight so that we can get this finally adopted So did everybody have a chance to read Pat's suggestions? I don't think they materially changed anything So we can decide to include those or not one thing though that I think there's a miss on in one point one point five Where it talks about avoiding attendance at our participation in the meetings of other town bodies and We have, it says for which your public body also has a role in reviewing. I think that we should avoid influencing whether or not we have a role in reviewing that. We always heard at our trainings that we can't take our council hats off. And I think that if we struck that after directly or indirectly and struck that for which your public body also has a role in reviewing, it'd be more in line with what we talked about at our meetings when we discussed this.

I'm trying to find this, Mary. Is it 1.1.5?

It's up on the screen, too. It's pretty early in the thing, Pat.

Comments? Well, I guess I actually liked a lot of Pat's suggestions. And I was just kind of wondering, I mean, do we strictly want to adopt this and not consider any of the changes?

That's the question. I mean, we want to adopt this. We've worked on it a lot, and it's time to adopt it. But the question is, do we adopt it with or without the changes? And I can support either way. I think that the changes don't materialize. Materially change anything.

We already agreed to but I do want to see a strike that last part of that sentence I Guess I kind of felt like some of the things that Pat suggested it just added a little bit more level of clarity Okay, but I question a cup. I have a question on a couple of them if we wanted to Consider force so are we able to see Pat's I've got Pat's up now.

So I

So 1.4.3, and the last sentence of the first paragraph, I think the suggestion was to delete the last sentence, and I was a little uncomfortable with this, that it's as directed by the town attorney, but that by eliminating that last sentence, I think it just adds a little more specificity to what we're actually talking about. So I kind of feel like that should stay. And then 2.1.

Are you keeping track of what you're doing here? You've got it written down? Okay. Okay. So that's 1.4.3. Okay. And then 2.1.

where you suggested should versus must, and I'm kind of curious what you're thinking on that.

Yeah, I wondered that too. The must to me, I guess the question I ask myself, when we say somebody must sign it, what is the consequence if they don't? So if you can tell me that, then I'm more comfortable with that. You tell somebody they must do it, and if they don't do it, what are you going to do to them? should sign it is less of an armbar. And if they don't sign it, well, there's no consequence. I mean, that was my thinking on that.

Yeah, that makes sense. I mean, you can't make them sign it. Yeah. And it should seem, I mean, we could say or ask to sign, but that's the same as should. So should is actually stronger. I'm OK with that should. OK.

Am I right in seeing that F was eliminated in... Let me see what section it is. 114, conduct of public meetings. F in Pat's version is just eliminated. It's avoid unnecessarily prolonging meetings. Did that get... Did I read that right, that that was?

No, that remains. That remains. Okay.

Okay. Just checking. I was wondering why we would eliminate that. But if it's still there, that's good. Because it's so much fun. Well, I mean, I think most of us have the same goal. We're here to take care of business and then let's, yeah. But I can see how maybe that might not be for everybody. Questions?

No, I liked Pat's suggestions, and I'm fine with that. I think the idea of leaving that one sentence in there is good.

And what about my suggestion? Is everybody okay with that, with striking that last? I'm seeing some yeses.

I'm sorry, I was unclear.

What's that, Pat?

So is that 1.1.6?

1.1.5, I think.

Well, there was a numbering mistake that Pat pointed out. So it's actually, Pat's version is 1.1.6. Okay. The other version is the second 1.1.5. And you're just eliminating the last.

So it's up now. I just want to, where it says avoid attendance at or participation in meetings, blah, blah, blah. The outcomes of issues, directly or indirectly, I want to strike for which your public body also has a role in reviewing. Because we shouldn't be at a planning commission meeting trying to influence them whether or not that issue is coming to us.

Yeah, I would agree with that. I mean, it's a really, yeah, a really difficult thing to realize that you're forgoing your personal interest in order to be on council. But it is an important concept, so...

And in every training we ever went to, they told us that we should not be influencing that. So I want to, whoever makes this motion, I want to go with, I'd like to go with Jack's suggestion on that not striking the end of 1.4.3a, and then I'd like to strike the end of this sentence in 1.1.6c.

I can agree with that. With those changes, this document looks good. I'm really glad to see the review every four years added. And yeah, I mean, everybody should get this when they join a public body. Just a quick little primer on thou shalls.

Kendall, do you have PETS changes so you are able to incorporate that version with whatever the motion says, right? We don't need to read through everything. Do you know what I'm asking? So I think we could have a motion to approve the, Tom, help me with this, to approve,

YEAH, SO IF YOU'RE HAPPY WITH PAT'S SUGGESTIONS AS MODIFIED BY COUNCIL DISCUSSION, YOU COULD SAY, YOU KNOW, WE MAKE A MOTION TO APPROVE THE RESOLUTION 2026-10, THANK YOU, 2026-10, INCORPORATING THE CHANGES FROM COUNCILMEMBER CAMPBELL AS MODIFIED IN THE COUNCIL DISCUSSION, AND IF YOU EVEN WANT TO Clarify what those changes are one point one point six C and the one point four point three. That would be appropriate.

Okay Someone want to make it go at the motion If you just get the motion out there we can help you with those two sections.

I can do it Hold on I say I can do it and then Okay I move to approve Resolution 2026-10, Adopting an Updated Code of Conduct and Rules of Procedures for Public Officials in Public Meetings. As discussed in the September 9th Town Council meeting, the version that we would like to adopt is Councilmember Campbell's version with the following edits. 1.6? Is that right? Yeah, 1.6C. 1.6C, where striking the last part of the sentence of...

Striking for which your public body also has a role in reviewing. In the last sentence. Jack, your reference was... Oh, 1.4.3.

Okay. Last sentence of the first paragraph.

From the original version.

Yeah.

And direct the mayor to sign if she needs to.

Yeah.

Am I signing? There's a resolution. So yes, Kyla.

I'll second that.

Got a motion by Kyla and a second by Randy.

Pat. Randy.

Barbara. Aye.

Jack.

Aye.

Kyla. Aye.

Are there any other matters of business? Motion to adjourn.

I move we adjourn.

I'll second. Motion by Randy and second by Kyla.

Pat, aye. Randy, aye.

Barbara, aye. Jack, aye. Kyla, aye.