Eagle Mountain City Council, 15 October 2019

Councílmember Curtís moved. to procløìm November I0 through November 16, 2019 øs Type I Díabetes Awareness ll¡eek Councílmemher Reaves seconded the motíon. Those votíng aye: Colby Curtis, Benjamín Reaves, Donna Burnham, and Melissa Clørk The motion pøssed with a unanimous vote. Eagle Mountain City Council Meeting - October 15,2019 Page l0 of l9 CONSEN'I AGTINDA I. 1 AGIìEF,fuIFNTS I l.A. AGREEMENT - An Agreernent between Eagle Mountain City, lJtah, and {Jtah State University Water Conservation Strategies Collaborative Research Pr:crject, Phase II. 12" BID AWARDS 12.;\. Airyort Road Alignment ancl Design Bid Award - Civil Science l2..Il. Valley View Sewer Line Extension & Water Sorvice - CT' Davis Excavatiorr 12"C" Well #6 Wellhouse (ITacebook) - VanCon, Inc 12.D. V/ell #6 Water Quality T'esting (Facebook) - Rhino Pumps l3 BOND RET,EASES 13.4" Evans Ranch Plat E- l - Into Warranty 13.8. Evans R¿nch Plat J-l __ Into Warranty 13.C. Oak l"Iollow Phase A, Plat 4 - Out of Warranty 13.D" Silverlake Ptat l5 - Out of War:ranty t4. CFTANGE OIIDTìRS 14.4. Change Order #l Well #6 (Facebook) - Wirklison Turbine 14.8. Change Orcler #l Steeplechase Olfsite lmprovements (Facebook) - Reyrrolds Brc¡therseonstruetiorr I5. MINU'I'ES 15.4. October 1 ,2019 lV[eetirrg Minutes 16. PRELIMINARY PI.A"|S & SI''IE PI,ANS 16.4.. John Walden Clubhouse -- Site Plan

Councilmember Clørk moved to approve the consent ngenda, moving items 12.C., 12.D", ønd 13"D. to the scheduled items and excludíng ítem 16 from the agendø. Councilmember Curtis seconded the motíon. Those votìng aye: Eagle Mountain City Council Meeting - October 15,2019 Page I I of 19 Colby Curtis, Benjømin Reaves, Donnu Burnham, and Melíssa Clarlc The motion pøssed with a unanìmous vote. 12. BID AWARDS 12.C. Well #6 Well House (Facebook) - VanCon, Inc City Engineer Chris Trusty explained staff has concerns'ü/ith this well and may need to abandon this location for a new site. He stated he had hoped the well would produce 2,000 to 3,000 gallons per minute, but it is only producing 600 gallons per minute. Staff is also concerned about possible contamination. He explained staff is working with a property o\ryner who is interested in selling an irrigation well, which would be a better water source. As Facebook is funding the well, staff will continue consulting with them regarding future steps.

Councilmember Curtìs moved to upprove the Well #6 well house bíd award to VanCon, Inc. with the conditíon that if, after consalting with Føcebook, the Cìty Engíneer determines Wetl #6 will not be developed øt this locatíon, the Cíty can choose not to award the bid. Councilmember Burnhøm seconded the motion. Those votíng øye: Colby Curtís, Benjømin Reøves, Donnø Burnhøm, ønd Melissa Clark The motíon passed with a unønimous vote. 12.D. Well #6 Water Quality Testing (Facebook) - Rhino Pumps Mr" Trusty requested this item oontain the same condition of approval as the well house bid award. bid award to Rhìno Pamps with the conditìon that ìf, after consaltíng wíth Facehook, the City Engìneer determines Well #6 wíll not be developed at thìs locatíon, the City can choose not to awørd the bid. Councílmember Clark seconded the motion. Those votíng øye: Colhy Curtis, Benjamin Reaves, Donna Burnham, and Melissa Clørk The motíon pøssed wíth ø unøn¡mmous wte. 13. BOND REI,BASES 13"D. Silverlake Plat t5 - Out of Wan'anty Mayor Westmoreland stated the Council expressed a concern during the work session regarding a sidewalk in this plat. He stated the item was removed from the consent agenda to allow the motion of approval to resolve the concem.

Councilmember Curtis moved to øpprove the bond releøse for SilverLøke PIat 15 - aut af warranQt, wíth the conditíon thøt staff conJirms øny erosion damage to the sidewølk adjacent to the townhomes that føce ll/oodhøven Eagle Mountain City Council Meeting - October 15,2019 Page 12 of l9 Boulevørd near the traffic circle høs been repøired. Councílmember Clørk seconded the motion. Those votíng øye: Colby Curtis, Benjømin Reøves, Donna Burnham, and Melíssa Clark The motìon passed wíth ø ananimous vote. 17. ORDINANC]ES/PUBLICT{EARINGS 1,7.A. OR.DINANCE -- An Ordinance c¡f Eagle Mounta.in City, Utah, Amencling the Eagle Mountain City General Plan" Planning Manager Michael Hadley explained the 162-acre property is zoned Agricultural and is designated Employment Center/Campus on two thirds of the property, with the remainder designatecl Neighborhood Residential One. The applicant-proposed amendment is to keep the Neighborhood Residential One and include Agricultural Rural Two, Neighborhood Residential Three and Commercial. He presented a proposed concept plan of the property. The City's Future Land Use and Transportation Map shows a freeway corridor through the property. The applicant would like to adjust the freeway alignment to lessen the impact on this property. Mayor Westmoreland opened the public hearing at 7:28 p.m. As there were no comments, he closed the hearing. Applicant representative Andrew Flamm explained they have worked to align this plan with the adjacent approved plans that currently are being developed. They want to ensure the proposed uses are compatible with surrounding land uses, and stated they are no longer requesting to adjust the freeway alignment. He stated the only feedback he received from the Planning Commission was that the commercial zones are being updated and they did not want to approve any commercial development; however, this is not a commercial rezone application. Councilmember Burnham expressed concerns regarding Tier I abutting Tier 3 with no buffering. She asked what the City will gain by making an exception to the zoningrequirements. Mr. Flamm explained a project he previously worked on was between Mountain View Corridor and Bangerter Highway, where Salt Lake Community College has planned a future campus. ThlsÞroject has bêen in pfocess for many years and there is still no campus this amendment will ensure the land does not remain vacant while waiting for potential businesses to develop. The amendment allows Tier 3 development adjacent to commercial development, which will buffer the residential areas ftom the freeway. Councilmember Burnham stated there is not much Commercial or Employment Center/Campus area designated in the City. Councilmember Curtis stated the City should not replace Commercial zoning with more residential area. Councilmember Clark stated the freeway location is a valid reason for the land to remain designated as a commercial use. Councilmember Curtis said if residential development is allowed at this location, eminent domain may need to be used for the development of the freeway. Mr. Flamm explained the property owner wants to ensure the project is feasible, but there is not a large demand for commercial development at this time. He stated they would be willing to develop commercial property once the demand increases. The commercial use is better suited near the freeway. Councilmember Curtis said no property owner rezones from residential to commercial; in Eagle Mountain, developers simply build the highest density permitted. Mr. Flamm confirrned with the Council that they do not want to remove any of the Employment Center/Campus land designation at this time. Councilmember Clark stated if the City does not set aside land for commercial use, it will not be developed as commercial. She recommended the applicant look at employment centers in the region for examples of what the Council is asking for. Mr. Flamm asked that the item be tabled, rather than denied, and stated the application was for a General Plan amendment and a rezone. Councilmember Curtis said they can table the General Plan amendment, but stated he is against increasing Residential zoning in the City. Ms. Kofoed explained the agenda item was noticed as a General Plan amendment, not as a rezone. City Attorney Jeremy Cook stated if the Planning Commission did not consider the item as a rezone, the application should be presented to Planning Commission as a rezone. Mr. Hadley asked if the Council would consider allowing the residential area of this property to Councilmember Bumham said if homes are built in that area, residents will be upset when commercial development begins. Councilmember Curtis said commercial must be adjacent to the freeway; the General Plan should remain unchanged. MOTION- Councílm¿mber Cufüs movedlo deny ørordínnance of&agle Mruntøin City, Utøh, amending the Eagle Mountø.in C¡ty Generøl Plan. Councílmember Reøves seconded the motion. The applicant requested the item be tabled, rather than denied. The Council declined the request. Those votíng øye: Colby Cartis, Benjamin Reaves, Donna Burnham, and Melissa Clark. The motion pøssed wíth ø unanimous vote. l7.8. ORDINANCE - An Orclinance of Eagle Mountain City, Utah, Approving an Enterprise Funcl Transfer. Eagle Mountain CiY Council Meeting - October 15,2019 Page l4ofl9 Assistant City Administrator/Finance Director Paul Jerome explained the proposed transfer is ftom the Solid V/aste Fund to the Transportation Impact Fee and General Fund Capital Projects Funds. The transfer includes $230,000 for the first of ten payments for the Transportation Infrastructure Bank loan the City received from the Utah Department of Transportation to expand Pony Express Parkway. The remaining $200,000 in the transfer would be used to install a trafftc signal at Aviator Avenue and Eagle Mountain Boulevard. The Solid Waste Fund has a 35Yo fund balance; if the transfer is approved, the fund balance would be lowered to l5%. This fund has seen savings due to favorable contract negotiations for waste disposal. Councilmember Curtis asked what the City's reserve balance would be if the General Fund was used for these projects. Mr. Jerome stated the reserve fund would be approximately 22o/o. This item was noticed thirty days in advance, as required for an Enterprise Fund transfer; if the Council would prefer to use the General Fund for these items, the budget amendment does not have the same notioing requirements. Councilmember Clark stated the Council prefers to use the General Fund for these items, instead of an Enterprise Fund transfer. Mr. Jerome explained the Council can direct staff to use the Transportation Impact Fee Fund for these items; if the City cannot obtain another loan for the remaining Pony Express Parkway expansion, the General Fund can be used at that time. Discussion ensued regarding using Enterprise Funds for projects not related to the designated tund. Mayor W'estmoreland clarified that the funds were received through contract negotiation; this is not a hidden tax. He explained if Council de-incentivizes staff from renegotiating contracts to a Counoilmember Clark stated the Solid W'aste Fund could be used to implement programs related to solid waste, such as a green waste program. Mayor lVestmoreland opened the public hearing at 7:49 p.m. Roman Backs said it appears the intersection at Eagle Mountain Boulevard and Aviator Avenue is already under construction for the traffic signal. He stated the Solid Waste Fund should be utilized for solid waste projects such as plumbing, and said many neighbors did not receive notification of the agenda item" Mr. Jerome explained the noticing proeedures and stated that solid waste relates to garbage and recycling" Mayor W'estmoreland closed the public hearing at 8:02 p.m. Councilmember Reaves asked if there are limitations regarding how long the City can retain a reserve balance. Mr. Jerome explained that there is no time limit on the General Fund, but impact fees have to be paid within six years of receipt, which the City complies with. If the State Legislature does not fund the Utah Department of Transportation as anticipated, the City will not have the option of using the Transportation Infrastruoture Bank for future expansion of Pony Express Parkway. Depending on reimbursement agreements, the balance in the Transportation Impact Fee Fund may not cover the future expansion. The City also has the option to bond for the expansion project. Councilmember Clark asked the Council if they would prefer to use the Transportation Impact Fee Fund or the General Fund for these two projects. Mr. Jerome recommended using the Transportation Impact Fee Fund.

Councílmember Burnhøm moved to deny sn ordinønce of EøgIe Mountøin Cìty, Utøh, øpprov¡ng øn Enterprise Fund Trønsfer. Councílmember Curtis seconded the motion" Those votíng aye: Colby Curtis, Benjamin Reaves, Donna Burnham, and Melissa Clark The motion pøssed with ø unanimous vote" 17 "C" ORDINAI\ICE - An Ordinance of Eagle Mountain City, Utah, Approving the Second Amendment to the Fiscal Year 2019-2020 Budget. Mr. Jerome stated the General Fund budget amendments include a defibrillator for the Senior Center, removal of the senior bus wrap, a traffic study on Pony Express Parkway at the intersections of Bobby W'ren Boulevard and Lone Tree Parkway, a Youth Council scholarship, and electric vehicle charging stations. He explained he has removed the line item for charging stations until staff obtains more inforrnation. The Enterprise Fund transfers from the Solid Waste Fund will be removed, and the other two budget amendment items in the Enterprise Funds relate to projects that were budgeted in the 2018-2019 fiscal year, but were not completed. The amendments listed in the Capital Projects Fund include the traffic signal at Aviator Avenue and Eagle Mounta'lrrB<rulevardp reimbursement to a developen larrdse4oimprovementr -or made on City property at the corner of Pony Express Parkway and Ranches Parkway, trees in the Silverlake subdivision, and a card access security system at City Hall. The Transportation Impact Fee Fund will be used for the traffic signal, and the other items presented will be funded through the General Fund. The two amendments listed in the'Water Impact Fee Fund are due to higher costs for the Water Impact Fee Analysis and the Impact Fee Facilities Plan than were originally budgeted. Mayor Westmoreland opened the public hearing at 8:10 p.m. As there were no comments, lte closed the hearing.

Councìlmember Clark moved to øpprove øn ordínance of Eøgle Mountøin Cìty, Utah, øpproving the second amendment to the Fiscøl Year 2019-2020 budget, øs presented. Councílmember Burnham seconded the motíon. Those voting aye: Colby Curtis, Benjamin Reaves, Donnø Burnham, ønd Melissø Clarlc The motion passed wíth a unanímous vote. 18 MOTION _ AVAILABLE STORAGE 18.4. Available Storage -.Conditional Use Permit Appeal Mr. Hadley stated this project is located in the Sweetwater Industrial Park, which was approved by the City Council in 2015. The Planning Commission approved a conditional use permit for Available Storage with a condition that a screening wall or fence is constructed around the entire property with the completion of the first phase of development. The Commissioners expressed concern that the project may stall after the first phase, resulting in a lack of screening. The applicant is concerned that the condition imposed by the Planning Commission is not financially feasible, as the storage units are the perimeter wall; they do not construct additional masonry walls. He presented elevations of the storage and office units, and the proposed site plan. Councilmember Curtis confirmed with staff that the Municipal Code does not allow the Council to require a perimeter wall around the entire property, as the structural walls of the storage units act as the fence. Discussion ensued regarding appropriate language of the City Council's motion and potential issues with enforcement" Mr. Cook asked if the perimeter fencing outside of the retention basin will be chain link. side of the property and chain link fence will surround this for safety pu{poses. A temporary chain link fence will be placed around the property to secure the site, which will be replaced as the phases are completed. Discussion ensued regarding the Planning Commission's conditions of approval of the

Councilmember Curtis moved to aphold the Planning Commìssíon's approvøl of the conditional use permit for Avaíløble Storage with lhe following modiftcatíon to condìtion of approvøl number three: 1. The full length of the perimeter wall is buìlt wíth eøch phøse heþre the certiftcøte of occupanqt ís issued. Councilmember Clark seconded the motìon. Those votíng øye: Colby Curtis, Benjamin Reaves, Donna Burnham, and Melìssø Clørlc The motíon pøssed with a unanìmous vote. 18.8. Available Storage - Site Plan

Councilmember Curtís moved to approve the Available Storøge site plan wìth the followíng conditìons : 1. Applicant shall submit ø phøsíng plan; 2. Applícønt shøll sabmit a speciJìcøtion sheet for lightíng thøt complíes with the City's dark sky ordínance; and 3. A second øccess shall be provided with the øppropriate phøse, to be øpproved by the Fire Mørshal. Councilmember Clark seconded the motion. Those voting øye: Colby Curtis, Benjamin Reøves, Donna Burnham, ønd Melissa Clark The motion pøssed with a unønimous vote" 19. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Clark Councilmember Clark suggested a Soar Award progrcm be implemented in the City for Councilmembers to nominate one resident a month for recognition. Councilmember Reaves None. Councilmember Bumham See Board Liaison Report. Councilmember Curtis Councilmember Curtis apologized to Economic Development Director Aaron Sanborn for mistakes made at the previous City Council meeting. He stated he appreciates Mr. Sanborn and the Eagle Mountain Chamber of Commerce. Mavor Westmoreland Mayor Westmoreland explained the Unified Fire Authority is updating the interlocal agreement they have with the municipalities they serve. They hope to have the contract finalized and approved by the end ofthe year. 20. EIïY CCIUNÊIL BOARÐ L'IAISO'¡J REPO Councilmember Clark Councilmember Clark stated the City's HAM radio training is currently underway and residents can still attend. Residents can also study the material online and take the test with the class. A Volunteer Coordination Center will be held in November to allow volunteers to familiarize themselves with emergency response practices. The Youth Council will meêt on October 30, and the Military and Veterans Advisory Board will meet on October 24. Councilmember Burnham Councilmember Burnham clarified that although the City Council did not agree with the Planning Commission's decision regarding the Available Storage conditional use permit, they appreciate and respect the Commissioners and the work they do for the City. The Eagle Mountain Chamber of Commerce has set a goal to obtain more business members by the end of December 2t COMMUNICATION ITEMS 2l.A. Financial Report 21.8. Upcoming Agenda Items. 22. ADJOURNMENT