Eagle Mountain City Council, 7 May 2019

Councilmember Curtìs moved to approve the consent øgenda, removing item 16 frorn the øgenda ønd moving itetn 18 to the scheduled ítems. Councilmember Clørk seconded the motíon, Those votíng aye: Colby Curtís, Stephønie Gricíus, Benjamin Reøves, Donna Burnham, ønd Melíssa Clørk

Councilmember Gricius moved to approve the Lone Tree PIat F amended prelimínary pløt with the condítìon thøt blasting permits wíll only be issued if øll other reøsonøble means høve been exhøusted. Councílmember Burnham seconded the motion. AMENDED MOTION: Councilmember Gricius moved to approve the Lone Tree PIat F amended prelímínøry plat with the condition that blasting permits will only be consídered iî all other reøsonable means have been exhøusted. Councílmember Burnham seconded the motion. Councilmember Reaves stated Mr. Haskell offered to remove the 300 series lots. Mr. Cook explained if the applicant is willing to withdraw the 300 series lots, the plat can be redrawn to exclude those lots. This will vacate the 300 series lots; they would no longer be platted. The applicant would be taking a risk as the property will need to comply with any future Municipal Code or ordinances. Mr. Haskell stated he is aware of that fact. AMENDED MOTION: Councilmember Gricius moved to øpprove lhe Lone Tree PIøt F amended prelíminary pløt with the followíng condítions: L No blastíng shall be permitted. 2. The 300 seríes lots ønd l¡ltølnut Drive shall be removed from the preliminary pløt. Councílmember Burnham seconded the motion. Those voting aye: Stephanie Grícíus, Benjømín Reaves, Donna Burnham, and Melìssø Clørlc Those voting nay: Colby Curtis. The motíon carried wìth ø vote of 4:1. 20. RESOLUTION/2OI9-2O2OBUDGET 20.4. A Resolution of Eagle Mountain City, Utah, Adopting the Eagle Mountain City Tentative Budget for Fiscal Year 2019-2020 and Setting a Public Hearing for Adoption of the Final Budget. i Ms. Kofoed stated the budget presentation is available to the public online in the City Council packet.

Councílmember Burnhøm moved to approve ø resolution of Eagle Mountøin City, Utah, ødopting the Eøgle Mountaìn City tentøtìve budgetfor Físcøl Year 2019-2020 ønd settíng ø publìc heøríng for adoption of the frnal budgø scheduled for May 21, 2019. Councilmemher Reøves seconded the motion. Eagle Mountain City Council Meeting - May 7 ,2019 Page l3 of20 Those votíng aye: Colby Curtís, Stephøníe Gricìus, Benjømín Reaves, Donna Burnhøm, and Melìssa Clarlc The motion passed with a unanimous vote. 21. ORDINANCESiPUBLICHEARINGS 21.4. An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code, Chapter 16.35 Development Standards for Required Public Facilities. Mayor Westmoreland opened the public hearing at 9:I I p.m. As there were no comments, he closed the hearing.

Councílmember Curtís moved to øpprove øn ordínønce of Eagle Mountøín Cíty, Utah, ømendíng the Eagle Moantøin Municìpal Code, Chapter 16.35 Development Standards þr Required Publíc Facilities. Councilmemher Reaves seconded the motíon. Those votíng aye: Colby Curtis, Stephaníe Grícius, Benjamìn Reaves, Donna Burnham, and Melíssa CIørk The motion passed wíth ø unanimous vote. 21.8. An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 8.25 Explosives. Councilmember Reaves confirmed with staff that the amendment defines the appeals process for blasting permits. Mayor W'estmoreland opened the public hearing at 9:13 p.m. As there were no comments, he closed the hearing. Councilmember Curtis asked if the amendment makes it more difficult for the Council to deny blasting permits and if the City will be required to pay an appeals court. Mr. Cook said it simply determines the appeal process; the City would need to pay attorney fees during an appeal to the District Court, but would not be required to pay a court fee.

Councílmemher Barnham moved to øpprove øn ordinønce of Eagle Mountøìn CíA, Utuh, ømending the Eagle Mountaìn Municípal Code Chøpter 8.25 Explosives. Councilmember Reaves seconded the motíon. Those votíng aye: Colby Curtís, Stephaníe Gricíus, Benjømín Reaves, Donnø 21.C. An Ordinance of F,agle Mountain City, Utah, Amending the Future Land Use & Transportation Corridors Map of the Eagle Mountain City 2018 General Plan. Mayor Westmoreland explained this update corrects minor effors found in the General Plan. Mayor W'estmoreland opened the public hearing at 9:15 p.m. As there were no comments, he closed the hearing.

Councilmember Grícíus moved to approve an ordinance of Eagle Moantøín C¡ty, Utøh, ømending the Future Lønd Use & Transportatíon Corridors Map of the Eagle Mountøín C¡ty 2018 General Plan. Councilmember Curtís seconded the motíon. Those votìng aye: Colby Curtís, Stephanie Grìcius, Benjømìn Reøves, Donnø Burnhørn, ønd Melíssa Clørk The motíon pøssed with a unanimous vote. 21.D. An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code, Chapter 6.05 Animal Control. Planner Tayler Jensen explained the proposed amendment limits the number of animals permitted based on lot size. The amendment clarifies different activities that commonly take place with animals, including kennels, pet sitting and dog breeding. It also clarifies that dog grooming businesses located in homes will be regulated with home-based business licenses. Mayor Westmoreland opened the public hearing at 9:19 p.m. Jason Heidel asked if grooming and pet sitting businesses will need to abide by the total number of dogs permitted based on lot size. Mr. Jensen explained the total number of dogs on the property includes dogs owned by the homeowner and those being watched. Grooming businesses are regulated by the home-based business ordinance which limits the number of trips per hour and per day. Larry Christensen asked what consequences are in place for repeated nuisance violations and asked if home-based businesses can have more than one non-family member employee. Councilmember Clark said neighbors have been mediating the situation Mr. Christensen has described, and the business owner has made efforts to rectify the situation. Ms. Kofoed said the City has been working with this business for several months. The City's Code Enforcement Officer has visited the site, but as the Utah County Sheriffls Office is the correct authority to address noise violations, the Recorder's Office directed residents to contact the Sheriffs Office. The applicant has submitted a business license renewal application and is addressing the number of employees, noise issues, and building concems. They are currently working with the Building Department to correct building issues. permits can be revoked if conditions of approval are not met. Mayor Westmoreland closed the public hearing at 9:26 p.m. Councilmember Burnham stated more dogs should be allowed on 4O-acre parcels. Councilmember Gricius agreed that the number should be higher and asked that the l- to 4}-acre tier be split into two tiers: 1- to S-acre properties and 5- to 4O-acre properties. The Council agreed to table the item Eagle Mountain City Council Meeting - May 7,2019 Page l5 of20 to the next meeting. Councilmember Gricius will inform Mr. Jensen of her suggested number of allowed dogs in the 1- to 5-acre and 5- to 40-acre tiers. Ms. Kofoed explained ifthe amendment changes, an additional public hearing shouldbe held when the item is discussed again.

Councilmember Gricius moved to tøble øn ordinance of Eøgle Mountøin City, Utah, amending the Eagle Mountain Manicipal Code, Chapter 6.05 Anímal Control untíl the next regulørly scheduled C¡ty Council meetíng. Councílmember Burnhøm seconded the motion. Those voting aye: Colby Curtís, Stephanìe Gricíus, Benjamín Reaves, Donnø Burnhøm, and Melíssa Clørk The motion passed with a unønimous vote. 22 MOTION 22.A. Hidden Hollow Blasting Permit Application Mr. Trusty explained the applicant was approved for 24 blasts last year and completed 1l blasts. They are requesting approval for up to an additional six blasts to finish utility trenches and remove one knoll of land. Councilmember Burnham asked the applicant if he would consider posþoning blasting until after school is out for the suÍrmer. Applicant Ryan Bybee said they would consider that but would prefer to conduct the blasting before the end of the school year, and would limit blasting to after school hours. Councilmember Reaves asked if four to six blasts will complete the project. Mr. Bybee said the blast engineer coÍrmunicated that the work can be completed with four blasts, but he is requesting up to six to have leeway, if needed. Mr. Trusty said the application states the work will be completed by June 15, 2019. He recommended adding additional time if the condition will be placed that blasting wait until after school is out for the summer. Councilmember Clark asked Mr. Bybee to detail previous blasting events. Mr. Bybee said last year, ono resident called to report blasting damage. They put a monitor on the resident's home and further blasting did not register on the monitor at all. They have committed to repairing popped Councilmember Reaves asked what other safety measures are taken during blasting. Mr. Bybee said the blasting operator will shut down the entire area, including the trails. They use blast blankets which minimize projectiles. He stated they use one of the best blasting operators in the state. He requested permission to blast between 4:00 p.m. and 5:00 p.m. MOTIONI Councilmember Burnham moved to approve the Hidden Hollow bløstíng permit øpplìcøtion with the condition that whíle school ís in session, blasting Eagle Mountain City Council Meeting - May 7 ,2019 Page l6 of20 wíll only take place between the hours of 4:00 p.m. and 5:00 p.m. Councílmember Reøves seconded the motion. Those votíng aye: Colby Curtis, Stephønie Grícius, Benjømín Reaves, Donna Burnham, ønd Melissa Clarlc The motion passed wíth u unanimous vole. 23. EAGLE HEIGHTS VILLAGE 23.4. ORDINANCE - An Ordinance of Eagle Mountain City, Utah, Approving the Eagle Heights Village Master Development Plan. 23.8. SITE PLAN & PRELIMINARY PLAT Mr. Cook explained a conditional use permit was approved by the Planning Commission with a condition that the eastern row of homes be changed to single-family detached homes. The applicant appealed the condition to the City Council, and the Council remanded the permit back to the Planning Commission. The Planning Commission found findings of fact and conclusions of law supported the previously approved condition of approval. The applicant requested a straw poll on the site plan before moving forward in the appeal process. Mr. Cook stated any discussion at this meeting will not factor into the conditional use permit determination. If the Council upholds the Planning Commission's decision regarding the conditional use permit condition of approval, the site plan presented at this meeting will not comply. The straw poll does not vest the applicant with any guarantees. Mayor Westmoreland opened the public hearing at 9:46 p.m. As there were no comments, he closed the hearing. Mr. Jensen presented the plan, which includes 294 units located on approximately 51.38 acres, for a project density of 5.72 dwelling units per acre. A temporary second access is included in the plan and complies with Municipal Code. The temporary access will become a pedestrian trail once future additional access points are developed. The applicant is proposing to provide one 1,656- square foot pool, instead of two 1,O00-square foot pools; this provides over 5 square feet of pool space per unit. The applicant has proposed l5-foot setbacks, instead of 20-foot setbacks as required in Municipal Code; the Council has the authority to approve reduced setbacks. The applicant has also proposed that the master development plan serve as the preliminary plat. Mr. Jensen explained st¿ff feels the access from Eagle Mountain Boulevard into this development be designed to align with the access into Eagle Point. Staff also recoflrmends removing the park Trusty stated the applicant has communicated that they are willing to align the road with the property he owns. The entrance to Eagle Point is wider than the property owned by the applicant. Applicant Kirt Peterson informed the Council he has communicated with Alpine School District and they will have a bus stop for the high school on the property. He said atrall can be installed in Park 6, as that will be dedicated to the City, and he is willing to relocate Park 5 to another area of the project in order to spread the parks out. The units have been adjusted to meet connectivity standards, and the facades have been redesigned based on the Council's feedback. Eagle Mountain City Council Meeting - May 7 ,2019 PagelT of20 Regarding the straw poll, Mr. Cook asked the Council to generally describe their opinions of the project, and state any items that would automatically cause the project to be denied. Councilmember Curtis said in order for the project to be approved, he would like the plan to include 2O-foot setbacks. Usable green space is preferable to a buy down option, and parks should not be placed within any retention or detention areas. He stated atrail stub needs to be included, and the park space should be more centrally-located and not simply included as an afterthought; the design decisions have been made to include more units. He expressed appreciation to the developer for redesigning the unit elevations. Councilmember Gricius said she would be more comfortable with the plan if the changes discussed were made. She does not have a preference on removing one of the garden boxes and replacing it with a tot lot. Councilmember Burnham stated her appreciation to the applicant for the changes made thus far. She does not have an issue with l5-foot setbacks, as they are twin homes and not multiple townhome units. She said with the changes discussed, she would likely vote to approve. Councilmember Reaves stated the project looks too busy. He would like the green space spread out more in the project, and said he does not like the -acre park at the end of the development. He is not inclined to approve the reduced lS-foot setbacks. Councilmember Clark appreciates the changes made to the plan and stated she would not approve l5-foot setbacks. She would prefer curved roads, as this project appears similar to military housing. She stated she likes the garden boxes and pool, as well as the two clubhouses, and appreciates that it will be a bussed community to the local schools. If the improvements discussed are made, with larger setbacks, she would likely vote yes for approval.

Councílmember Gricius moved to tøble øn ordìnønce of Eøgle Mountain City, Utah, approving the Eagle Heights Villøge Master Development PIøn, øs well øs the Eagle Heíghts Village Site Plan and Prelitninøry Plat, to the nert regulørly scheduled Cíty Council meetíng. CouncíImenber Burnham seconded the motìon. Those votíng øye: Colby Curtß, Stephønie Gricíus, Benjamín Reaves, Donnø Burnham, and Melissø Clørk The motion pøssed wìth ø unanímous vote. 24. POT,E CANYON RDA

Councilmember Gricíus moved to approve a resolation of EøgIe Mountain C¡ty Utøh, ødopting an interlocal cooperation agreement between Eagle Mountain C¡A ønd the Eagle Mountøín Redevelopment Agency. Coancílmember Clark seconded the motìon. Those votíng aye: Colhy Cartis, Stephøníe Gricíus, Benjamin Reaves, Donna Burnhøm, ønd Melissø Clørk

Councílmernber Clørk moved to øpprove øn ordinance of Eagle Mountøín C¡ty, Utøh, ødoptìng the Pole Canyon Communíty Reínvestment Project Area Pløn, øs approved by the Eøgle Mountaín Redevelopment Agency, as the olliciøl Communíty Reinvestment Project Areø Planfor the Project Areø ønd dírectíng that notice of the adoptíon he gíven as required by the statute. CouncíImember Gricius seconded, the motíon. Those votìng aye: Colby Cur"tìs, Stephønie Grícìus, Benjamin Reøves, Donna Burnhøm, and Melissa Clarlc The motíon pøssed with a unanimous vote. 25. RESOLUTION/UDOT LOAN 25.4 A Resolution of Eagle Mountain City, Utah, Approving an Agreement between Eagle Mountain City and the Utah Department of Transportation (UDOT) for a Loan, not to Exceed $2,000,000, Issued by the Transportation Infrastructure Loan Fund for the Widening of Pony Express Parkway. Councilmember Clark stated that although the City does not need to widen Pony Express Parkway at this time, they are choosing to do so for safety reasons. Mayor V/estmoreland agreed and said the work will be completed ahead of schedule based on the criteria of the traffi c study proj ections.

Councílmember Burnham moved to øpprove a resolution of Eagle Mountaín City, Utøh, øpproving øn øgreement between Eagle Mountaìn City and the Utah Department of Transportøtíon (UDOT) for ø loan, not to exceed 82,000,000, íssued by the Transportafion Infrastructure Loan Fund for the wídeníng of Pony Express Parkway. Councilmember Curtis seconded the motion. Those votíng øye: Colby Curtìs, Stephanie Grícius, Benjamin Reaves, Donna Burnhøm, and Melßsø Clurk The motíon pøssed with a unønitnous vote. 26. CI'TYCOUNCIL/MAYOR'SBUSINESS Councilmember Curtis None. Councilmember Bumham None. Councilmember Reaves None. Eagle Mountain City Council Meeting - May 7,2019 Page l9 of20 Councilmember Clark None. Councilmember Gricius None. Mayor Westmoreland Mayor'Westmoreland said he spoke with the Utah County Attorney regarding concerns over a City court system. He stated the City can hire a judge, as needed. Mr. Pili stated the City currently has the option to retain a judge. Mr. Cook explained if a judge only comes once a quarter, it can be difficult to enforce and work through violations; District Court can be utilized for larger issues. Discussion ensued on code enforcement processes. Ms. Kofoed said Utah County received a grant to install a permanent ballot drop box at City Hall. The $3,000 ballot drop box contains fire suppressants, and cameras are in place for security purposes. Ballots can be dropped off until polls close. The Recorder's Office will still have a ballot drop box for residents who would like to utilize that service. 27. CITY COUNCIL BOARD LIAISON REPORTS None. 28. COMMLINICATION ITEMS 28.4. Upcoming Agenda Items 29. ADJOURNMENT

CouncíImember Reaves tnoved to ødjoarn the meetíng at 10:55 p.m. Councilmember Clark seconded the motìon. Those voting aye: Colby Curtís, Stephanìe Gricíus, Benjømin Reøves, Donna Burnham, ønd Melíssa Clarlc