Eagle Mountain City Council, 1 October 2019

Councilmember Clurk moved to øppoínt Ela Rose to the Youth Councìl for s one-yeør term, Councilmember Grícìus seconded the motion. Those voting øye: Colby Curtis, Stephøníe Gricius, Donnø Barnhøm, and Melissø Clurk. The motion pøssed with ø unønìmous vote.

Councìlmember Clark moved to øppoint Tyler Selis to the Youth Councìlþr ü one-year term. Councilmember Grìcius seconded the motion. Those voting aye: Colby Curtis, Stephanie Gricíus, Donna Burnhøm, and Melissa Clørk. The motíon passed wíth ø unanimous vote. MOTIONz Councilmember Clark moved to øppoint Salem Shimakonis to the Youth Council þr a one-yeer term. Councílmember Gricíus seconded the motion. Those votìng øye: Colby Curtís, Stephønie Gricius, Donna Burnham, and Melissa Clark. The motion passed wíth a unanimous vote. z MOTION Councílmember Clark moved to øppoint Sydney Wittiøms is to the Youth Council for ø one-year term. Councilmember Curtis seconded the motion. Those voting aye: Colby Curtís, Stephaníe Grícius, Donnø Burnham, and Melissa Clørk The motion pøssed wìth a unanimous vote. z MOTION Councilmember Clørk moved to øppoínt Brooke Bytheway øs Youth Council Mayor for a one-yeør term. Councílmember Burnhøm seconded the motíon. Those voting øye: Colby Curtìs, Stephanie Grícíus, Donna Burnhøm, and Melissa Clarlc The motion passed wíth ø unanimous vote. Ms. Kofoed administered the oath of office to the appointed individuals. CONSENT AGENDA 10 BID AWARDS 10.4. Rodeo Grounds Prefabricated Restrooms - CXT Concrete Buildings 10.8. Eagle Mountain Influent Pump Station Upgrade 11. BOND RELEASES Eagle Mountain City Council Meeting - October 1,2019 Page 12 of2l 11.4. Brandon Park Phase A Plat 2 Bond Release - Into Warranty 11.8. Overland Phase A Plat I Bond Release - Out of Warranty 1 1.C. Spring Run Phase A Plat 2 Bond Release - Out of Warranty 11.D. Spring Run Phase B Plat 2 Bond Release - Out of Warranty 11.E. Colonial Park Phase 3 - Out of Warranty t2 MTNUTES 12.A. September 3,2079 Regular City Council Meeting Minutes t3 PRELIMINARY PLATS & SITE PLANS 13.4. Holiday Oil Tank Expansion - Site Plan 13.8. John Walden Clubhouse - Site Plan 13.C. West Side Theatre Company - Temporary Site Plan 13.D. Strides Pediatric Therapy - Site Plan and Preliminary Plat 13.8. Silverlake South - Preliminary Plat

Councilmember Curtis moved to approve the consent øgendø, removíng item 13.8. from the agendø, at the applicant's request, and moving items 13.C. ønd 13.8. to the scheduled items. Councilmember Burnham seconded the motíon. Those voting aye: Colby Curtìs, Stephanie Gricius, Donna Burnham, and Melissa Clark. The motion passed wíth a unanimous vote. Councilmember Curtis requested staff prepare a checklist of what Councilmembers should review when releasing bonds. City Engineer Chris Trusty explained staff has items they look for such as defects of material and workmanship when determining the eligibility of developments for bond releases. They want to ensure developers are not held accountable for damage caused by builders. He will send a list to the Councilmembers showing what staff reviews and will inform the Council of extenuating circumstances such as releasing a bond in the winter with the understanding that a slurry seal will be applied to a subdivision street once the weather improves. SCHEDULED ITEMS 13. PRELIMINARY PLATS & SITE PLANS 13.C. West Side Theatre Company-Temporary Site Plan Eagle Mountain City Council Meeting - October 1,2019 Page 13 of2l Councilmember Clark asked for guidance regarding the motion for this item, as the Council did not receive an actual temporary site plan. Ms. Kofoed stated the Council can make a motion they are comfortable with regarding the item. The Council can state a certain structure type will be allowed and condition the approval on a site plan returning to the Council, with required documentation. Councilmember Curtis stated he is comfortable approving a sprung structure and amending the memorandum of understanding (MOU), but not approving the site plan. Councilmember Clark stated the Council did not draft the MOU and asked if it is appropriate for the Council to make a motion to amend it. Councilmember Burnham stated the Council needs to determine if a sprung structure will be allowed at this location and if the Council will permit a fee waiver. [f not, the applicant will not continue moving forward with their current plan. They want that assurance before drafting final budgets and plans. City Attomey Jeremy Cook stated the MOU is non-binding. The City has indicated the current administration's intent is to lease the land to the applicant. If the Council would like to have a more binding commitment, a motion can be made to update the MOU with appropriate language. City Administrator Ifo Pili asked the Council if they would like the MOU changed. Councilmember Curtis stated the MOU can be updated to state the Council may consider a sprung structure, but he wants to ensure the applicant knows that plans presented would not be approved automatically. Mr. Pili explained if the Council will genuinely consider a sprung structure, amending the MOU is the best option at this point. Councilmember Clark stated there are only so many fundraising dollars in the community. A resident communicated to her that donations are decreasing due to the increased number of schools and programs in the area. Mr. Pili reiterated the applicant simply wants to know if the Council will consider the idea of a sprung structure. Councilmember Gricius stated she would consider a sprung structure and those types of buildings can be aesthetically pleasing. She stated she would not approve of storage containers at the site before the funds are raised. Councilmember Burnham agreed and stated she appreciates that the applicant committed to not beginning any construction until all funds have been raised. She stated the location is not ideal, but the City is not the entity paying for or building the structure. Councilmember Clark stated the Eagle Mountain Arts Alliance previously did not approve of this project due to the fact that the location is not centrally located in the City" Assistant City Administrator/Finance Director Paul Jerome explained the extra distance to Cory Wride Park Eagle Mountain City Council Meeting - October 1,2019 Page 14 of2l will decrease the number of volunteers, as they draw talent from surrounding areas, as well as from within the City. Councilmember Clark said that the stated position of West Side Theatre Company (V[STC) is to not only serve the residents of Eagle Mountain, but to also provide an arts venue for Saratoga Springs and Lehi. She asked why the City would subsidize a project that serves more than just Eagle Mountain residents. Councilmember Burnham said the Eagle Mountain Arts Alliance is not proposing any plan at this time. She explained that allowing WSTC to build a theater does not mean that the Council will not consider a proposal from the Eagle Mountain Arts Alliance. Councilmember Gricius agreed and stated it is not an either/or option. Councilmember Curtis stated the City will not subsidize the project at all. He asked if a gravel road would be permitted, versus a permanent road, and expressed concerns that the applicant may not understand all of the requirements of a site plan. Planning Manager Michael Hadley stated a letter from WSTC committed to providing all required documentation for a site plan during the development process.

Councilmember Burnhøm moved to ød.d the following languøge to the memorandum oÍ understanding with West Side Theatre Compøny: "The Eagle Mountøin City Coancil ís not opposed to ø temporary tent structure simìlar to the rendering attøched hereto as Exhibit A, provided thøt ll¡est Side Theatre Company complìes wíth all City standards and approval processes, and resolves any concerns of the Councíl wíth respect to noise, parking, restroom facílíties, and storage," and the fee for the approvøl ís wøíved. Councihnember Gricius seconded the motíon. Councilmember Curtis asked what the definition of temporary is. Mr. Cook stated the lease can dictate how long the structure can be in place and can include any requirements the Council feels appropriate. Councilmember Burnham said the agreement with Pony Express Events was initially readdressed every year. Councilmember Clark expressed concerns regarding temporary site plan requirements; the motion requires the applicant to comply with City standards, but Municipal Code does not require temporary site plan applications to include details that the Council would like to review. Mr. Mumford explained Municipal Code does not have fewer requirements for temporary site plans; it gives the Planning Commission and City Council the ability to waive requirements. Mr. Cook stated the motion is to amend the MOU, not to approve of a site plan, and reiterated that the MOU is a non-binding agreement. Councilmember Curtis asked if the agreement can include a time limit for the temporary structure. Councilmember Burnham stated that will be included in the site plan approval. She Eagle Mountain City Council Meeting - October 1,2019 Page l5 of2l said if the Council decides that the temporary structure will only be allowed for two years, it will not be cost effective to the applicant. Councilmember Clark stated she supports the arts but is not open to a sprung structure at this location. Those votíng øye: Stephanie Grìcius und Donnø Burnham. Those votíng nay: Colby Curtis and Melissa Clark. Mayor Westmoreland voted øye, breaking the tie. The motion carried with ø vote of 3:2. 13.E. Silverlake South - Preliminary Plat Councilmember Curtis stated the cluster homes must have a component of open space, and every home must have a park within a quarter-mile radius. Councilmember Burnham asked if cluster homes are supposed to be designed similarly to Colonial Park. Mr. Mumford said Colonial Park is more defined as a garden court. Municipal Code does not require open space to be immediately adjacent to the home, but the open space must be close. The intent is that open space is provided in lieu of a back yard. Councilmember Curtis stated a painted red curb on the south side of Golden Eagle Road across from the elementary school will mitigate parking and traffic issues. Pete Evans with Flagship Homes stated he understands that a preliminary plat this large is unusual, They anticipate returning to the Planning Commission and possibly the City Council with a detailed parks plan. Regarding the school site, it has two fronts, versus the single front at Brookhaven Elementary. He explained the parent drop off will be located on the west side of the building with the kindergarten drop off located to the north, which removes traffic from Golden Eagle Road. They also removed an access from the residential area to Golden Eagle Road and relocated the access point to Silverlake Parkway. Councilmember Clark stated a safe route to school needs to be planned in a location away from the traffic circle. Mr. Evans stated if lots to the west of the school have not been sold, they can include a walking path through that area to the school. If the lots have already been sold, they will consider other areas to include a path away from the traffic circle. Regarding the cluster home open space issue, Mr. Evans said they have consolidated open space to make it more usable. The Silverlake Master Development Agreement (MDA) has a restriction on the number of townhomes in any given area. They have planned each open space area to be large enough to serve all cluster homes. He requested a variance of the quarter-mile distance requirement for the homes in the southwest portion of the plan, due to the programmed open space at the school and church. They feel they have met the intent of the MDA and of Municipal Code. Councilmember Curtis said if the amenities are not required now, they will not be installed. Mr. Evans explained the MDA lists what amenities are required and they will return with a parks plan that notes the amenities in each park. Councilmember Curtis statecl in his subdivision in Silverlake, they have grass and two pocket parks. He stated they were told a neighborhood park would come with development of future phases, but the neighborhood park is not planned until phase 28. Councilmember Clark asked if Municipal Code requires parks at specific times during development. Bronsen Tatton with Fieldstone Homes explained the MDA requires the clubhouse at a certain number of building permits, but does not determine how many building permits can be issued before parks are developed. He said phases 19 and 20 will contain a park for two- to five-year- olds with a nest swing, spinning bowl, and slide tower. The park for five- to twelve-year-olds will contain a pendulum swing, as well as a spinning plate. They intend to bring the park programming back for Planning Commission review. The MDA includes requirements for the park amenities, with which they intend to comply. Councilmember Clark asked what phase does not meet the quarter-mile park requirement. Mr. Mumford said not all homes in phase 26 are within a quarter-mile of a park. Mr. Tatton stated they may be able to remove a portion of another park and locate it in phase 26. He explained the phasing may be updated to accommodate the construction of a church building; the neighborhood park may be developed sooner than originally anticipated. Councilmember Curtis expressed concern that parks are not in this area and said a requirement can be included that the park is built before a certain number of building permits are granted. Mr. Evans asked if the Council has the ability to impose that condition of approval. Mr. Cook stated if the Council is uncomfortable with the proposed plan, the application can be tabled. Mr. Evans explained he is not saying they will not commit to building the park by a certain number of building permits, but stated they have an MDA and are meeting the requirements. Councilmember Curtis expressed frustration that the completed areas of this development do not have parks and stated all homes could potentially be built without any completed parks. Mr. Evans explained that they bond approximately $2,800 per lot for improvements. Councilmember Clark stated she cannot approve the preliminary plat with the incorrect phasing, but knowing that the park will be installed by a certain number of building permits could mitigate that concem. Councilmember Curtis stated he could not approve the preliminary plat without an amenity plan. Mr. Evans stated there are approximately I,200 approved lots in this area under the MDA. The plan submitted includes 1,069 lots, including the 278 previously approved lots. He committed to include the park by the 300th building permit issued after this meeting. Discussion ensued regarding the City Council approving the preliminary plat with the condition that staff reviews the parks plan, and the neighborhood park is installed by the 300th building permit. Mr. Mumford stated the Planning Commission recommended condition of approval is that the parks plan returns to the Planning Commission for approval. He explained the landscape plan has to meet Municipal Code. The MDA is specific to acreage of parks and trail systems, and states the City's parks and amenities standards must be met. Mr. Evans explained that the site plan application for the townhomes will include park plans. Councilmember Curtis confirmed that the Councilmembers will approve the preliminary plat as long as an amenity worksheet is approved by the Parks and Recreation Director and the neighborhood park is completed by the 300th building permit south of the wash, not including currently issued permits. Discussion ensued regarding removing a portion of a larger park and placing the park area in an area that does not meet the quarter-mile distance requirement. The Council determined that leaving the large park as it is currently planned is best. Regarding the connectivity issue, the Council stated the proposed plan will be approved. Mr. Mumford suggested the crossing on Silverlake Parkway not be adjacent to the parent drop off at the elementary school. Councilmember Clark stated the applicant can work with staff to determine the best location for a crosswalk. Councilmember Curtis asked if split rail fencing is required along Tickville Wash and requested one be installed for safety. Mr. Mumford said the City is responsible to install a trail and fence along the north end of the wash. Mr. Trusty is researching a grant to improve the safety of the wash areas where the slopes are significantly steep. Mr. Mumford presented Saratoga Springs City's future transportation map. Saratoga Springs has requested Golden Eagle Road be a local road. Foothill Boulevard is the next priority for Saratoga Springs. Discussion ensued regarding the condition of approval related to the neighborhood park. The Council agreed to the condition that the park is completed by the 578th recorded lot south of Tickville Wash. Councilmember Curtis asked about the condition regarding the name of Silver Creek V/ay. Mr. Mumford said Tickville Wash can serve as a good location to switch street names, but the Planning Commission requested the road name remain consistent. Mr. Evans said one homeowner lives on that street, but they are willing to update the name.

Councilmember Curtis moved to approve the SílverLake South prelìminary plat with the following condítíons: Eagle Mountain City Council Meeting - October 1,2019 Page l8 of2l 1. Applicønt shall pøy a cash escrow to the Cíty of 82,810.40 per lot at plat recording. 2. Detailed løndscøpe plans, íncluding the design ønd ømenities with point cølculøtions, for the parks shøll be submìtted for approvøl by the Pørks and Recreation Director and Planning Director along wíth the assocíated jinøl plat. 3. Fencíng øIong SilverLøke Pørkway ønd Golden Eøgle Roød shøll match the collector road fencing approved for the Silverlake South øreø. 4. The road connection to Silver Creek Way øcross Tickville Wash shøll be built príor to recordíng øny pløt north of Harvest Crop Dríve. 5. The road thøt wíll connect to Silver Creek Wøy shall contínue thøt nume to the south. 6. Developer shall construct un upgrøded entryway monument st either the western edge of the project along Golden Eagle Roød, or the southern end of the project øt SílverLake Pørkwøy. Improvements shøIl consist of a landscaped entryway with ø permønent monument sign beøring the name of the subdìvísion. 7. The applicant shall construct the wølking pøth as presented. 8. The neighborhood park shøll be ìnstalled prior to the recording of a plat contøiníng the 300th lot in this project, ín addition to the 278 already recorded in SílverLake Plats 16 through 20. 9. The applicønt shøll work with City staff to provide safe crossing routes to the elementary school. Councilmember Burnham seconded the motion. Those voting aye: Colby Curtis, Stephanie Grìcìus, Donna Burnhøm, ønd Melìssa Clørlc The motion pøssed With ø unønimous vote. 14. AGREEMENTS 14.A. AGREEMENT - Agreement between Eagle Mountain City, Utah and the Eagle Mountain Chamber of Commerce for the Management and Maintenance of the Ladder Signs. Mr. Pili explained the history of ladder signs in the City. He stated to establish the Eagle Mountain Chamber of Commerce, the City needed to assist the Chamber during the initial creation of the organization. Mayor Westmoreland explained the City chose to fund a local Chamber instead of the Lehi Area Chamber of Commerce. Mr. Pili stated creating the Eagle Mountain Chamber of Commerce took time, effort and funding. Using the ladder signs for Chamber funds was a creative way to establish the Chamber. These funds are not tax dollars. Councilmember Curtis stated the signs are on City land using City capital improvements. Eagle Mountain City Council Meeting - October 1,2019 Page 19 of2l Councilmember Clark stated the City should not allow the Chamber to receive sign revenue in addition to financial support from the City. Economic Development Director Aaron Sanborn explained $25,000 of the $30,000 line item in the City's budget is included as a pass through of the ladder sign revenue. The City pays $5,000 to the Chamber for annual dues. An additional $48,000 was placed in the budget in case the City retained management of the sign program and the signs needed to be replaced. Councilmember Clark asked if staff will prepare a budget amendment. Mr. Pili explained that budget amendments are not typically presented for lowered expenses. He reiterated that the City is not payrng the Chamber anything other than the annual dues. Councilmember Curtis asked how much staff time is spent on Chamber matters. Mr. Pili stated economic development directors attend chamber events. These events are the City's opportunities to support local businesses. Councilmember Curtis stated other City departments are not involved in related programs the way the Economic Development Director is with the Chamber. Mr. Pili explained the City provides a venue to Pony Express Events and paid $5,000 for their fireworks display. Councilmember Curtis stated the lines are blurred between government and private entities. It creates problems to have the Economic Development Director focused on the Chamber. He expressed frustration that the City is so focuSed on economic development that other areas are lacking. Regarding staff time, Mr. Sanborn stated it will take approximately thirty minutes to approve a sign slat; with an average wage of $30 an hour, it will cost approximately $500 a year for City staff to provide the required oversite to the ladder sign program. The 5%o of revenue that the Chamber will pay the City will be more than $500 a year.

Councilmember Grícius moved to øpprove an ugreement hetween Eagle Mountain City, Utah and the Eøgle Mountøin Chamher of Commerce for the mønagement and møíntenance of the ladder signs with the condition that Article 4 Sectìon I ìs øtnended to the following: "Compliønce wíth Municipøl Code. All ladder signs must comply wíth the Eagle Mountøin City Municipøl Code ønd Exhíbit A, íncluding but not limited to síze, content, colors, designs, ønd priority. Minor modíJicatíons such as dimensions of sígn slats are permìssíble as long øs all sløts on the single sígn are the same dimension." Councilmember Burnhøm seconded the motion. Those voting øye: Stephønie Grícius, Donna Burnhøm, and Melissa Clarlc Those voting nøy: Colby Cufüs. The motion carríed with a vote of 3:1. 15. CITY COUNCIL/MAYOR'S BUSINESS None. Eagle Mountain City Council Meeting - October 1,2019 Page 20 of2l 16. CITY COLINCIL BOARD LIAISON REPORTS None. T7. COMMI.INICATION ITEMS 17.A. Upcoming Agenda Items 18. ADJOURNMENT