Eagle Mountain City Council, 5 March 2019

Melíssø Clørk moved to øpprove the Consent Agendø, removing items 9A, 98, 9C, and 9D. Donna Burnhøm seconded the motíon. Those voting aye: Colby Curtís, Benjømìn Reøves, Donnø Burnhøm, and Melissa Clørk The motion passed wíth ø unønímous vote. SCHEDULED ITEMS I1. ORDINANCES Eagle Mountain City Council Meeting - March 5, 2019 Page 9 of l7 I 1.4. ORDINANCE/PUBLIC HEARING - An Ordinance of Eaele Mountain City. Utah. Approving the Extractive Industries Overlay Zone for Ames Construction. Planning Manager Michael Hadley said the proposed overlay covers 653.82 acres in the southeastern corner of the City. He showed proposed plans from the applicant that designate either a25-acre section or a 50-acre section to be included in the overlay, instead of the entire 653-acre parcel. He explained the applicant stated it would take 15 to 20 years to complete excavation of the SO-acre parcel. Mayor Westmoreland asked for an update on the truck route access agteements. Robert Wadman with Ames Construction said they have received preliminary approval for access agreements through an adjacent property. Ames Construction will improve the roads and will put magnesium chloride water on the roads for dust control. They will not block access I to the public lands. He stated Phase of the Facebook project requires an additional 500,000 cubic yards of material; the future phases will require 1.5 million cubic yards. He said Ames Construction's goal is to provide all two million cubic yards from this location, and no other suppliers would use the mine. Councilmember Clark asked how much material would be produced in the initial ten-acre section. Mr. Wadman said there is approximately 300,000 cubic yards in that area. The remaining 1S-acres of the 21-acre section will likely produce 2.5 million cubic yards, and the entire 5O-acre parcel will likely produce approximately 4.5 million cubic yards. Mr. Wadman said the slopes range from 3:l to 5:l on the hillsides. 'Westmoreland Mayor explained to those in attendance that the property would be excavated in ten-acre parcels. Once ten acres has been fully mined, the site must be reclaimed according to Utah Division of Oil, Gas and Mining (DOGM) requirements before the applicant can move to the next ten-acre mining parcel. Mr. Wadman said SITLA would like the entire 653-acre site to be included in overlay area, but Ames Construction is requesting only 50 acres be given the overlay. He said a question was raised at the Planning Commission meeting regarding what benefit the rezone offers the City. He explained SITLA contributes tens of millions of dollars to public schools every year and said the City could potentially realize savings by having the materials needed for the City's road projects located closer in proximity. Councilmember Clark asked how many truck loads equate 2.5 million cubic yards. Mr. Wadman explained truck loads average 10 cubic yards and those trucks would be removed from City roads, if the application is approved. Mayor W'estmoreland asked for an update on the truck route and if the route would affect houses in the area. Mr. Wadman said the nearest house is 2 miles away. He explained they have an access agreement on the north side of the site and will work to procure an access point to the south, as his goal is to access this project from the south side. Mayor l[estmoreland opened the public hearing at 7:43 p.m. Jody Hooley spoke against the rezone. She said the Future Land Use Plan designates this area as Parks and Open Space and Foothill Residential. She said the proposal will destroy Eagle Mountain City Council Meeting - March 5, 2019 Page 10 of l7 the ridgelines, and noted a scar remains on Lake Mountain from an abandoned mine" She said the benefits do not outweigh the problems this mining operation would cause. Franz Wolfgang asked if Ames Construction would supply a bond sufficient to reclaim the area, as the mine on Lake Mountain has not been returned to its original state. Mr. Wadman said they did have air quality permits for that site, but DOGM performed a site visit and determined it was not a mine that they regulate. When Ames Construction began work, the property already had a vertical face. They performed reclamation work including replacing the original topsoil and reseeding the area. He said the BLM requested the pile of materials to remain as it sits currently. He said Ames Construction will not disturb the ridgelines in the application area. DOGM will require a reclamation bond before work is allowed to begin. Mr. V/olfgang presented photos of his vehicle to the Council and stated Lake Mountain Road's disrepair causes his vehicle to require car washes. He requested the road be maintained to a higher standard. He said since the Facebook site began construction, his phone line has been cut twice and his solar inverter has broken. City Administrator Ifo Pili explained Facebook is not connected to Rocky Mountain Power. They are using solar power and generators; therefore, Mr. V/olfgang's solar inverter issues are not related to Facebook's power usage. Councilmember Burnham said her solar inverter went bad within two months of installation and recommended Mr. Wolfgang research his warranty. Councilmember Clark asked staff what the City standards are regarding maintenance for rural roads. City Engineer Chris Trusty said rural roads are graded twice a year. He said a water line is being installed along the side of the road, and material has built up on the road. The contractor will place pulvenzed asphalt to remedy that problem. Mr. Trusty said he will connect the contractor with Mr. V/olfgang. Greg V/orthington stated he was in the mining industry for 11 years and understands DOGM requirements and reclamation. He explained his concern is 50,000 trucks driving over City roads during the first phase of mining. He asked who will pay for needed road maintenance resulting from that truck traffic. Mr. Pili explained a benefit of the proposed location is truck traffic will be removed from City roads. Mayor Westmoreland closed the public hearing at 8:01 p.m. Councilmember Burnham noted that the Planning Commission recoÍrmended a condition of approval that the material will only be used in Eagle Mountain commercial areas. She asked if material from this site would be used in the Porter's Crossing commercial area, or if the intent is to limit the use to the data center area. Mr. Hadley said the intent was to require the material to be used the data center area. He said the applicant explained they would only use mined material outside of the Facebook project if a large-scale business needed material in the data cenfer area. Eagle Mountain City Council Meeting - March 5, 2019 Page I I of 17 Councilmember Burnham stated she understands the benefit of removing truck traffic from City roads. She said the two mines at the entrance to the City are eyesores and expressed concern that another eyesore will be added if this overlay is approved. She said the ridgeline protection ordinance relates to residential construction and expressed concem that the backside of the ridgeline might be removed during mining operations. Councilmember Clark said the area is mountainous and beautiful in its natural state. The Council designated the land as Foothill Residential to protect the area. Councilmember Reaves expressed his desire to look beyond his bias against mines in the City. He said the Future Land Use Plan designates this as Foothill Residential and agreed with Councilmembers Burnham and Clark regarding ridgeline concems. He asked why the current mines cannot sustain Facebook's project. Councilmember Curtis agreed with the Councilmembers' previous statements. He expressed concern that the many conditions of approval would or could not be enforced. City Attorney Jeremy Cook explained the City drafted a development and mineral extraction agreement that detailed the conditions of approval with the last overlay application Ames Construction presented. He said a similar agreement could be drafted for this location. He explained the Council may approve the rezone with a set termination date in which the property would revert back to its original zone. The approval may also include size limitations. Councilmember Burnham expressed regret that she was part of the Council that created the Extractive Industries Overlay zone. She said this overlay was placed on property north of Wride Memorial Highway and stated she dislikes that mine's current state. She asked what the City can do to protect against potential collateral damage to the ridgelines caused by blasting behind them. Councilmember Clark said the approval would allow Ames Construction to take down ridgelines. She stated the Point of the Mountain mine may have been approved because officials believed, at that time, that the location was far enough away from development that it would not impact residents. She said this application is not compatible with the Foothill Residential designation, nor is it compatible with the ridgeline ordinance. Mr. Cook explained language can be included in the approval that requires monitoring equipment on the back side of the mountain and would restrict blasting if material along that hillside is disturbed. He stated approval language can be drafted to address any concems the Council has. Councilmember Curtis stated an approval for this site is comparable to allowing a mine in Parley's Canyon. Discussion ensued regarding possible loss of control in determining conditions of approval if the Council denies the application.

Donna Burnhum movedto deny an ordínønce of Eøgle Mountain City, Utah, approving the Extrøctive Industrìes Overlay Zone for Ames Constructìon. Benjamin Reaves seconded the motion. Those votíng øye: Colby Curtis, Benjømin Reøves, Donnø Burnham, and Melissa Clørlc The motion pøssed with ø unanimous vote. ll.B. ORDINANCE - An Ordinance of Eagle Mountain City. Utah" Adopting Chapter 7.10 of the Municipal Code for Tree Plantins and Care. Parks and Recreation Director Brad Hickman explained the proposed ordinance sets parameters regarding how trees are maintained in the City and offers a way forward for future amendments. This version is educational and helps protect the City's urban canopy. Councilmember Burnham thanked staff for adjusting the ordinance according to the Council's previous recommendations. Councilmember Clark said future residents will be grateful for the effort put towards protecting trees in the City. Councilmember Curtis asked what was changed from the previous draft to lessen the burden placed on residents. Mr. Hickman said staff removed language regarding violations and penalties. He explained the only situation in which the City would become involved with trees on private property is if a private tree became ahazardto public health or safety.

Benjamin Reøves moved to approve øn ordinsnce of Eøgle Mountain Cíty, Utah, adopting Chapter 7.10 of the Munícipøl Code for Tree Plantíng ønd Cøre. Those voting aye: Colby Curtis, Benjamin Reaves, Donna Burnham, and Melissa Clørlc The motion passed wíth a ununimous vote. I 1.C. ORDINANCE/PUBLIC HEARING - An Ordinance of Eaele Mountain City. Utah. Aporovine the Fourth Amendment to the Fiscal Year 2018-2019 Annual Budqet. Assistant City Administrator/Finance Director Paul Jerome explained the first item in the amendment increases the expenditure for Llbrary materials because of an additional grant awarded to the Library. The next item is due to an accounting change made by the Government Accounting Standards Board. The change requires the City to right off accounts submitted to collection agencies. When the utilities were sold, $1 million was held for bad debt. Proceeds from the utility sale belongs to the General Fund, so when those debts are recovered, the funds received will go to the General Fund. Councilmember Reaves asked for clarification on bad debt. Mr. Jerome explained the bad debt contains delinquent bills for gas or electric services from before the sale of the utilities. The first Capital Project amendment is due to the widening of Aviator Avenue. Funds will come from the transportation, water, sewer, and storm drain impact fee funds. The amendment for the Eagle Park pavilion will be funded from utility sale proceeds. The Facebook infrastrûcture amendment will be paid by Facebook, but the State requires the City to expense the cost as the infrastructure will belong to the City. The amendment for the rodeo grounds restroom increases the budget from $120,000 to $140,000. This is due to an increase in price for the restroom structure, as well as utility installation costs. Mr. Jerome said the contractor can typically construct the facility in 60 to 90 days, so it is likely that the restrooms will be operational for the next rodeo if the contract is presented for approval at the next City Council meeting. Eagle Mountain City Council Meeting - March 5,2019 Page l3 of l7 Councilmember Curtis stated he requested a discussion on this project at the last Council meeting and wanted to have that discussion before allclcatingmore funds to the project. He expressed conoerns that the budget was previously increased for a l0-st¿ll restroom, and the budget is being increased again for a smaller facility. He asked why the City should spend more money for a smaller facility. Jared Gray with Pony Express Events said he drafted a preliminary design with Facilities 'Weber and Operations Director Jeff and was told the design needed to be sent to an engineer for technical drawings, and then the project would go out to bid. He stated he believed he would be able to bid on the project and was unaware of the fact that the City was considering a prefabricated structure. City Administrator lfo Pili said discussions with Mr. Gray over the last few years have all included prefabricated structures; this is not a new point of discussion. He stated the Council can remove this item from the budget amendment in order to further discuss the project with Pony Express Events. Mr. Gray stated he feels he can build a nicer larger facility for less cost than the prefabricated structure. Councilmember Clark said she would like to know the cost difference between 8- and 10- stall restrooms and would like to be part of the discussion process to determine if 8 or 10 stalls is appropriate. Councilmember Curtis stated his concern is the increase in price for a smaller facility. Councilmember Clark explained the price of the prefabricated structure inereased, so a decision was made to purchase the 8-stall facility. Councilmember Burnham said Pony Express Events expressed the desire to assist with the construction process in order to lower costs, but the requirements to allow them to build the structure are cumbersome. Mr" Pili stated City staff spoke with Mr" Gray at length regarding the process and Mr. Gray agreed with the proposed solution ofpurchasing the prefabricated structure. Mr. Gray said he thought the project would be going out to bid and he would have the opportunity to bid on the project. He said they can do a bigger and better facility for the price. City Recorder Fionnuala Kofbed said Mr. Gray informed staff that it would not be economical for him to bid on the project, and that they would not submit a bid if the City determined to use that process. Councilmember Reaves said he would like to see restroom facilities that accommodate the City's growth. Ho asked Mr. Pili if staff researched the idea of Pony Express Events offering free labor. Mr. Gray said Pony Express Events has stated they would offer free labor; however, the City will need to determine what is best for its residents. He said they could build a restroom for $120,000. Mr. Jerome clarified the $131,000 price is for a ten-stall restroom. The original price of $120,000 was obtained one year ago. Eagle Mountain City Council Meeting - Mareh 5, 2019 Page 14 af l7 Councilmember Burnham expressed concern that Pony Express Events could offer free labor but was not able to bid on the project. Mr. Jerome explained the committee was going to assist in installing the structure but was not going to construct it. Ms. Kofoed said the concerns Mr. Gray had related to bidding on the project" The City needs to give all companies the same opportunity; therefore, any requests for bids would disclose that the proposed price did not include labor. She stated she spoke at length with Mr. Gray regarding alternatives" One solution offered to Mr. Gray was for the City to purchase all materials, but he indicated that was not a feasible option for them. Mr. Gray said they were not able to do work related to professional trades such as electrical and plumbing, and those sections would need to be completed by a subcontraotor. Ms. Kofoed explained the project ends up being more work when it is completed piecemeal. Mr. Jerome stated Pony Express Events had volunteered to help with installation of the water and sewer lines. Mr. Gray said that offer was made years ago and could not commit to it at this time. Mr. Jerome said that offer was made when the connections were much further away, so it would be less work now. Mr. Gray said they are willing to help but asked if that help was less proper than building the structure. Mr. Pili said the prefabricated building removes all issues with subcontractors and bidding requirements. He explained the City approached Pony Express Events initially, but the committee stated the proposed facility was not large enough. He reiterated the plan was always to install a prefabricated structure. Mr. Pili said a solution does not need to be determined at this time and stated the budget amendment can be removed to allow further discussion to resolve any issues Pony Express Events.has. Councilmember Clark asked Mr. Gray if Pony Express Events was still willing to help install water and sewer lines. Mr. Gray stated all they would need to do is dig the trenches. He said he does not know how deep the lines need to be and said he has unanswered questions. Councilmember Clark said if Pony Express Events is not comfortable digging the trenches, the item should be removed from the budget amendment. Mr. Gray expressed hesitancy regarding removing the item from the budget amendment and stated an 8-stall restroom might be sufficient. FIe said an additional restroom can be built in the future" Ms. Kofoed said Mr. Weber informed her the restroom has five stalls on the women's side, and four stalls and two urinals on the men's side. Mr. Jerome said staff will research requirements for volunteer work. He stated the building cost is $ 131,000 and the additional $9,000 is for installation-related work. If the budget amendment is approved and staffdetermines the larger structure will exceed $140,000, the City can purchase the 8-stall restroom in order stay within the approved budget. Councilmember Curtis clarified he wanted to understand the process when he requested a discussion; he now has a better understanding. Eagle Mountain City Council Meeting - March 5,2019 Page 15 oflT Mayor Westmoreland opened the public hearing øt 9:04 p.m. As there were no comments, he closed the hearing. Councilmember Curtis asked for a discussion to be placed on the next City Council agenda regarding match grant funds. Mr. Pili explained that item was going to be placed on the current agenda, but staff had not received feedback. He requested the Council send feedback to staff, so staffcan research costs and bring the item back for a future discussion; staff needs direction in order to determine next steps.

Melissa Clark moved to øpprove øn ordinance of Eagle Mountaìn Cíty, Utah, øpproving thefourth ømendment to the jiscøl year 2018-2019 ønnual budget" Donnø Burnham seconded the motion. Those voting aye: Colhy Curtís, Benjamín Reøves, Donna Burnham, and Melissa Clark. The motion passed with ø unønimous vote. 12: PRELIMINARY PLATS & SITE PLANS 12.A. Eaele Villaee Amended Preliminarv Plat Mr. Jensen said the proposed amended preliminary plat contains 69 units on 14.17 acres, for a density of 4.87 dwelling units per acre. This plan is a significant reduction in density; the current preliminaryplat is approved for 137 townhomes. The project is along Bountiful Lane, south of the Sweetwater subdivision. Staff requested the area around a storm drain line not be included in any residential lots, which resulted in lot frontages below 55 feet" He explained lot 151 is heavily encumbered by easements which creates large sections of unbuildable land. The Planning Commission recommended this lot be removed. One road in the plan is approximately 50 feet over what is allowed without a pedestrian connection, but the Planning Commission determined waiving that requirement was appropriate. The plan provides 1.92 acres of improved open space, which includes 0.878 within the plan and 1.028 acres of City property that the applicant proposes to improve. Discussion ensued regarding potential uses for the land in lot l5l Scott Dunn with Patterson Homes stated they prefer distributing the area from lot 151 to the six lots along that street in order to increase their value. Councilmember Curtis expressed appreciation to the applicant for significantly improving the plan over the previously approved plat.

Melíssø CIørk moved to approve Eagle Village Amended Prelimínøry PIat, with the Planning Commíssíon recomtnendation to remove lot 151 and dístríbute the useable land to the adjacent lot or lots, øs indícøted by the applicant. Benjømín Reøves seconded the motíon. Those voting aye: Colby Curtis, ßenjømin Reøves,I)onnu Burnhøm, ønd Melíssø Clark The motion pøssed with a unanímous vote. Eagle Mountain City Council Meeting - March 5, 2019 Page l6ofl7 I3. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Clark Councilmember Clark congratulated the Emergency Preparedness Group for their work. The HAM radio training and test they offered last weekend was well attended. She asked residents to contact Jeff V/eber if groups of four to five people would like to schedule a training. Councilmember Curtis None. Councilmember Reaves None. Councilmember Burnham None. Mavor Westmoreland None. 14, CITY COUNCIL BOARD LIAISON REPORTS 15. COMMTINICATIONITEMS T6. ADJOURNMENT