Eagle Mountain City Council, 21 January 2020

Councilmember Gray moved to appoínt Brían Lambert to the Cemetery Advísory Boørd for a four-yeør term. Councilmember Clørk seconded the motìon. Those votíng øye: Donna Burnham, Melissa Clørk, Colby Cartis, Jøred Grøy, and Cørolyn Love. The motion passed with a unanimous vote.

Councilmember Grøy moved to øppoint Møriønne Smith to the Cemetery Advísory Boørd for a four-year term. Councilmember Burnham seconded the motion. Those voting øye: Donna Burnham, Melissa Clark, Colby Cartís, Jared Grøy, and Carolyn Love. The motíon pøssed with ø unanimous vote.

Councílmember Grøy moved to øppoint Corbett Doaglass to the Cemetery Advisory Board for a þur-year term. CouncíImember Clørk seconded the motíon. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jøred Gray, and Carolyn Love. The motíon pøssed with ø unanimous vote. Eagle Mountain City Council Meeting - January 21,2020 Page l0 of22 10.8. Deputy Recorder

Councílmember Clark moved to øppoint Lianne Pengrø øs Deputy Recorder. Councilmember Grøy seconded the motíon. Those voting aye: Donna Burnham, Melìssa Clark, Colby Curtß, Jøred Gray, ønd Carolyn Love. The motíon pøssed wíth a unønímous vote. 10.C" Military ancl Veterans Advisory Board

Councilmember Clark moved to appoint Summer Montgomery to the Milítary and Veteruns Advísory Board for ø three-year term. Councilmember Love seconded the motíon. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, ønd Carolyn Love. The motíon passed with a unønímous vote.

Councílmember Clark moved to appoint Ben Reøves to the Mílitøry and Veterøns Advìsory Board for ø three-yeør term. Councilmember Cartis seconded the motìon. Those voting øye: Donna Burnhøm, Melissa Clark, Colby Curtis, Jared Grøy, and Carolyn Love. The motion passed wíth a unønimous vate. 10.D. Parks and Recreation Advisory Board

Councilmember Gray moved to øppoint Rod Hess to the Pørks and Recreøtion Advisory Board for a three-year term. Councìlmember Burnhøm seconded the motíon. Those votìng øye: Donna Burnham, Melissø Clark, Colby Curlis, Jared Gray, ønd Cørolyn Love. The motíon passed with ø unanímous vote.

Councilmember Gray moved to appoínt Liz Evans to the Pørks ønd Recreøtion Advisory Boørd for a three-year term. Councilmember Clark seconded the motion. Those votìng aye: Donna Burnham, Melissa Clørk, Colby Curtis, Jøred Gray, ønd Cørolyn Love. The motion passed with a unanímous vote.

Councílmember Gray moved to øppoínt Devyn Smíth to the Parks and Recreøtìon Advisory Boørd for a three-yeør term. Councilmember Clark seconded the motíon. Those voting aye: Donna Burnhøm, Melissø Clark, Colby Curtis, Jared Gray, ønd Cørolyn Love. The motion pøssed with a unønimous vote,

Councílmember Grøy moved to øppoínt Zac Summers to the Parks ønd Recreation Advisory Boørd for ø three-year term. Councilmember Clark seconded the motion. Those voting aye: Donna Burnhøm, Melissø Clørk, Colby Cufüs, Jøred Grøy, ønd Carolyn Love. The motion passed with a unanimous vote. 10.8. Planning Corrunrssron

Councílmember Love moved to appoínt Erín Wells to the Plønníng Commission for a three-yeør term. Councilmember Curtìs seconded the motíon. Those votíng øye: Donnø Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion pøssed with ø unønímous vote.

Councilmember Love moved to appoìnt Chrís Pengra to the Plønning Commission for ø one-year term. Councílmember Clørk seconded the motíon. Those votìng øye: Donna Burnhøm, Melissa Clørk, Colby Curtìs, Jared Grøy, and Carolyn Love. The motion passed with ø unanímous vote. 10.F. Senior Citizen Advisory Council

Councilmember Gray moved to appoint Annette Arndt to the Senior Cítizen Advísory Councílfor øfour-year tem. Councìlmember Curtis seconded the motìon. Those voting øye: Donna Burnham, Melissa Clark, Colby Curtis, Jøred Gray, and Cørolyn Love. The motíon passed wìth a unanimous vote" City Recorder Fionnuala Kofoed administered the oath of office to the appointed individuals in attendance. I. I RECOGNIT'ION This item was discussed after item I}F, 11"4" Cþ Council Mayor Westmoreland presented former City Councilmember Stephanie Gricius with a plaque recognizing her service to the City. l.B. I Planning Commission Mayor Westmoreland presented former Planning Commissioner and current City Councilmember Jared Gray with a plaque recognizing his service to the City. CONSENT AGENDA 12. BOND RELEASES I2.A. Arrival Phase B, Plat 4 - Into Warranty 12"8. Arrival Phase B, Plat 6 - Into V/arranty 12"C. Elrandon Park Phase A, Plat 3 Into'Warranty 12.D. Ceclar Comers Phase A, Plat 4 - Intei Warranty 12.8." Hidclen Hollow Phase A, Plat 2 - Out of Warranty I2.It " Sage Park Phase A, Plat 2 - Into Warranly 12"G" Spring Run Phase B, Plat 3 - Into Warranty 12.b1. Spring Run Phase D, Plat I - Into Warranty l2^I" Sunset Ridge Phase A, Plat 6 - lnto Warrarrty 13. CHANGE ORDER 13.4. Pony Express Parkway Widening Project Change C)rder #2 - Kenrry Seng Construction T4" MINUTES 14.A. December 3,2019 Minutes 15" PRELIMINARY PLA'I 15.4. Overland Phase D - Preliminary Plat

Councilmember Curtis moved to øpprove the consent agendø, removing item I5A from the consent agenda and placing ìt as ø scheduled ítem. Councilmember Burnhøm seconded the motíon. Those voting aye: Donna Burnham, Melíssø Clørk, Colby Curfis, Jøred Grøy, and Carolyn Love. The motion pøssed wìth ø unønìmous vote. SCHEDULED ITEMS 15. PRET-IMINARY PLAT 15.4. Overland Phase D - Preliminary Plat Planning Manager Mike Hadley explained this is the final preliminary plat in Overland Village 1. It includes 174 lots on58.22 acres. There are 89 single-family lots and 85 garden/senior living lots. Village 1 is allowed between 431 and 647 units. Phase D brings the total number of units to 605; Phase A contains 80 units, Phase B contains 162 units, and Phase C contains 189 units" The Planning Commission recommended approval of the preliminary plat with the following conditions: 1. The trails shall be displayed on the plans showing connectivity with master planned trails; 2. A detailed landscaping plan for the park and open space shall be submitted for review to the Parks Director and Planning Director, to be approved prior to recording any final plats within this phase; 3. Applicant shall work with the City to implement the Transportation Master Plan, including the removal of Lot D25 and other minor modifications to the plan. The applicant and City shall reach an agreement on this subject prior to recording the first final plat in this phase; and 4. In compliance with EMMC 16"30.090, a stub road connection shall be added to the west at either Dugway Ridge or Greeley Hill Drive, and a trail connection shall be added either to Airport Road or through the Senior Housing area from Greeley Hill Drive. Bryon Prince with Ivory Development explained all of the units are single-family homes; in the senior living area, the yards will be maintained by the homeowners association. Councilmember Curtis said section 6.4 of the Overland Master Development Agreement (MDA) allows 7l units in the senior living area, but this plan includes 85 units. Mr. Prince stated he does not believe there is language in the agreement that limits the homes to 7l units. The picture included in the MDA is the concept vision, not exactly how the plan will be developed; all of Village I has been changed from the concept drawing. The drawing was provided at the City's request before any engineering had been done. Councilmember Curtis expressed frustration that the concept plan contains fewer units than are being proposed in the preliminary plat. Councilmember Clark read from the MDA and stated the picture is listed as a detailed plan, not a concept drawing. Councilmember Gray expressed concern that the units will not be deed restricted and are just additional small lots. Mr. Prince explained the senior living homes are age-targeted units; there are many age-targeted developments that are not deed restricted. They are offering a small-lot product in Overland, which will appeal to those who want smaller yards, as described by Councilmember Gray. The HOA assessment in the senior living area will be much higher than other units in Village l; this area will not be a more affordable option within Overland. Mr. Prince explained if the product is deed-restricted, managing and tracking the units becomes more complicatecl, and ten percent of the units must be offered to those outside of the deed- restricted aspect" lvory Development has experience in marketing to age-targeted groups with amenities specifically designated for these units, one-story floor plans, and maintonance offerings. The floorplans will be one-story units between 1,500 and 2,000 square feet. They will be one- and two-bedroom homes and likely will not be desirable to large, young families. Councilmember Gray expressed concern that the amenities Mr. Prince is describing will not be installed. Mr. Prince explained the amenities proposed are over the City's requirement, and if the Council is concemed that they will not be built, he can confirm the installation in writing. He asked what the Council's concern is regarding the units not being deed restricted. Councilmember Gray said the concern is that these are simply more small lots. Mr" Prince said a small lot in and of itself is not marketable to buyers over 55 years of age. Regarding Councilmember Curtis' concern, Mr. Prince stated in Village 2, they intend to present the vision lvory Development has for the development, but it will not include the maximize allowed units. Presenting a plan with the maximum allowed units, not the vision for the area, is bad planning. In Village l, they have included fifty units fewer than they have approval for. Councilmember Clark stated the City's master development agreement process needs to be changed in order to clarify applicant and Councilmember intentions. Items are approved with the understanding that staff will make changes to implement the Council's desires. Ms. Kofoed explained if the Council does not require items to return to the Council for final approval, desires may not be implemented, as they are subject to interpretation. Discussion ensued regarding the process in which the Council approves master development agreements. Mr. Prince explained they are not proposing this preliminary plat to maximize density. Ivory Development does not own the land; SITLA does. They spent a year working with staff to develop this MDA, and it was their opinion that including 42 fewer lots than they have approval for in Village I is best for the development. The MDA does not allow unused units to be transferred to other Villages. Councilmember Curtis said he would prefer the concept plan include the maximum density allowed. Councilmember Gray asked what will happen to lots affected by the realignment of Airport Road. Mr. Prince explained the right-oÊway is already dedicated. He stated he has committed to working with staff to accommodate the road design if staff desires to adjust the right-of-way. This is one of the last areas of the plat to be developed. Councilmember Gray expressed concem that, if approved at this meeting, the plan is not necessarily what will be developed due to possible changes surrounding Airport Road. Mr. Prince explained that they are willing to work with the City regarding the right-oÊway alignment, although they are not required to do so. Counoilmember Love confirmed with Mr" Prince that Ivory Development and SITLA have agreed to work with the City to accommodate the road design. He stated they have enjoyed working with City staff and expressed appreciation for the work they have done thus far. Mr. Mumford explained the MDA was under discussion for much longer than one year. He stated the agreement for Village I noted the City Council has the right to request changes to the concept plans, provided the requested changes do not materially impact the developer's ability to obtain the allowed densities, significantly alter the types clr locations of commercial or residential uses, significantly alter proposed lot sizes, or provide unreasonable additional development costs. He said the previous plats had minor changes to the concept plan and were presented to the Planning Commission and City Council. However, the minimum and maximum unit restrictions are not negotiable. He saìd requiring developers to present concept plans that include the maximum number of units available incentivizes developers to require concessions of the City to reduce density. Mr. Pili stated the minimum unit requirement is in place to require the units to be dispersed evenly throughout a project. The City wanted to have a general idea of what would be developed within Overland, so the concept plan was required of Ivory Development. Mr. Prince said if the Council feels the additional fourteen units in the age-targeted area are an l overreach, they can be removed and relocated throughout Village The downside to this option is an unequal variety throughout the Village. This age-targeted product will be one- to two- bedroom homes that will cost approximately $400,000. Councilmember Burnham stated future items that require changes need to return to Council for final approval; she was present for the previous meeting when the MDA was discussed, and she came to a different understanding than Councilmember Curtis did.

Councilmember Gray moved to approve the Overlønd Phase D Prelimínøry PIøt with theþllowing conditíons: 1. The traìls shall be dísplayed on the plans showing connectivíty wíth the møster plønned traíls; 2. A detøíled løndscaping plan for the park ønd open spøce shsll be submitted for review to the Parks Director ønd Planning Director, to be approved prior to recordíng øny jinal pløts withìn thís phase; 3. Applicønt shall work with the Cíty to implement the Trønsportøtíon Master Plan, includìng the removal of Lot D25 and other minor modfficatíons to the pløn. The øpplicant and Cily shall reach øn agreement on this subject prior to recordíng the Jírst linal plat in this phase; 4. In complíønce wíth EMMC 16.30.090, ø stub road connection shall be added to the west øt eíther Dugway Ridge or Greeley Híll Dríve, and a traíl connection shall be ødded eìther to Aírport Roød. or through the senior housing areafrom Greeley HiIl Dríve; and 5. No constructíon cøn begín north of Greeley Avenue beþre ø Jìnal plat ís presented to and øpproved by the Planníng Commission ønd Cíty Council. Motíon not seconded; motion failed. Discussion ensued regarding the wording of condition number five.

Councílmember Curtís moved to øpprove the Overlønd Phøse D Prelìmínøry Plat with theþllowíng conditions: 1. The trøíIs shall be dßplayed on the plans showíng connectívity with the master plønned traíls; 2. A detøiled løndscapìng plan for the pørk and open space shall be submined for review to the Parks Director ønd Plønníng Director, to be approved prior to recordíng any Jìnal plats within this phase; 3. Applicant shøIl work with the Cily to ímplement the Trønsportøüon Master Plan, includìng the removøI of Lot D25 and other minor modijícøtions to the pløn. The øpplícant and City shøll reøch an &greement on thís sabject prior to recordíng the jirst jinal plat ín this phøse; 4. In compliance wíth EMMC 16,30.090, a stub roød connection shall be addedto the west at either Dugwøy Rìdge or Greeley Hill Drive, ønd a trøíl connectíon shøll be ødded either to Airport Roød or through the senior housing øreafrom Greeley HíIl Dríve; and 5. No jinal plat wíll be øpproved for any lots north of Greeley Avenue until the Aírport Road ølignment is resolved with staff and applicant. Councilmember Burnham seconded the motíon. Those voting aye: Donna Burnhøm, Melissa Clark, Colby Curtís, Jared Gray, ønd Carolyn Love. The motion passed wíth ø unanimous vote. Councilmember Clark confirmed with staff that the Council will not review the final plat; that will be approved at stafflevel. Mr. Prince explained to Councilmember Curtis that he will work with City Attorney Jeremy Cook and City staff to ensure the presentation of Village 2 concept plan is very clear. He expressed the desire that the Council understands that he is not trying to gain more than is allowed in the MDA or Municipal Code. Councilmember Curtis stated the applicant should estimate high when presenting future Villages to set realistic expectations. Mr. Prince said they will present a design showing the maximum units, as well as one showing what they intend to develop. Regarding the Overland entrance sign, Councilmember Burnham confirmed with Mr. Prince that the "at Eagle Mountain" on the sign will be lit similarly to "Overland." 16. ORDINANCES/PUBLIC I-IEARINGS 16.4" ORDINANCE/PUBLIC HEAI{ING - An Ordinance of Eagle Mountain City, Utah, Approving the Third Amendment to the Fiscal Year 2019-2020 Budget. Assistant City Administrator/Finance Director Paul Jerome explained the increases in the General Fund include an operating system upgrade and funding for a Digital Media Specialist. The Capital Projects Fund includes increases for the design of Airport Road, the change order discussed during the work session, and infrastructure for Facebook. The infrastructure line item is carried over from Fiscal Year 2018-2019 and will be reimbursed by Facebook. Councilmember Curtis asked forthe state ofthe City's rainy day fund. Mr. Jerome statedthe rainy day fund is fully funded at25Yo. Councilmember Gray stated the $40,000 allocated to the Digital Media Specialist will only fund the position through June, and asked if the salary will be $90,000 annually. Mr. Pili explained the annual cost of the Digital Media Specialist position will be approximately $40,000 to $45,000 in salary, plus the cost of benefits. Mayor Westmoreland opened the public hearing at 9:43 p.m. As there were no comments, he closed the hearing.

Councilmember Curtis moved to approve an ordinance of Eagle Mountain City, Utøh, approvíng the third amendment to the Fiscal Yeør 2019-2020 hudget. Councilmember Burnhøm seconded the motion. Those voting aye: Donna Burnham, Melissø Clørk, Colby Curtis, and Carolyn Love. Those voting nay: Jared Grøy. The motíon pøssed wìth a vote of 4:1. 16.8. ORDINANCÍi/PUBLIC HEARING - An Ordinance of Eagle Mount¿in City, Utah, Amending the Eagle Mountain Municipal Clode Chapter 17.80 Sign Regulations and Sign Permits" Mayor Westmoreland opened the public heøring at 9:44 p.m. As there were no comments, lte closed the hearing. Councilmember Love stated she would prefer the item be tabled for additional changes. Councilmember Burnham requested Councilmembers send their desired changes to staff. MOTIONz Councilmember Love rnoved to tøble an ordinønce of Eagle Moantøin City, Utah, amending the Eagle Mountaín Manícipal Code Chapter 17.80 Sign Regulations ønd Sìgn Permits. Councílmember Gray seconded the rnotion. Those voting aye: Donnø Burnhøm, Melissa Clark, Colby Curtis, Jared Gray, ønd Carolyn Love. The motion passed with ø unanimous vote. 17. PARKWAYCROSSROADS/PUBLICHEARING 17.4. MOTION - Disposal of Signihcant Real Property - Identified as a Portion of Utah County Parcel Number 58:040:0191" This item wøs discussed after item I8A Ms. Kofoed reiterated the purpose of this item is to determine if the Council desires to dispose of the property. Mayor Westmoreland opened the public hearing at 9:58 p.m" As there were no comments, he closed the hearing.

Councilmember Burnham moved to upprove the dìsposøl of signiJícant real prope@, identiJied as øportíon of Utah County Parcel Number 58:040:0191, ønd uuthorized City Administrøtor þ Pìlí to negotiøte the søle of the property. Councilmember Clark seconded the motíon. Those votíng aye: Donna Burnham, Melissø Clark, Colby Curtis, Jared Grøy, ønd Carolyn Love. The motion pøssed with ø unanímous vote. 17"t1. SI'[E, PLAN - Parkway Crossroads

Councílmember Clark moved to øpprove the Pørkway Crossroads site plan with the followìng conditions : 1. Applicant shallprovide approval notfficøtionfrom the utility agencíes in the utility corridorprior to submíttíngþr a huilding permit or doìng any work on síte; 2. Maílbox locøtion(s) shøll be sahmìtted for øpprovøl to the Planning Director; 3. A one-lot ftnøl plat shall be required to dedìcate the right-of-way property to the City ønd combíne lots 3 and 4. 4. The øpprovøl ís contingent upon the dìsposal and søle of sígniJicønt real property, ídentífted us a portion of Utøh County Pørcel Number 58:040:0191. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnhøm, Melissa CIørk, Colby Curtìs, Jøred Gray, ønd Cørolyn Love. The motíon pøssed with a unønimous vote. 18. RESOLUTION/PI.JBI,IC]HEARING 18.4. RESOLUTION/PIJRI..IC HEARING - A Resolution of Eagle Mountain City, Utah, Approving a Sole Source Procurement of a Sensus by Xylem Advance Metering Infrastructure Network through Mountainland Supply Company. Thís item was discussed after item 168 Mayor ll'estmoreland opened the public hearing at 9':49 p.m. As there were no comments, Ite closed the hearing.

Councilmember Clørk moved to approve a resolutíon of Eagle Mountain City, Utøh, approvíng a sole source procurement of a Sensus by Xylem Advance Metering Infrastructu re Netwo r k th ro u gh Mountainlan d S app ly C ompøny. Councilmember Curtis seconded the motion. Those votìng øye: Donna Burnham, Melissa Clark, Colby Curtís, Jøred Gray, and Carolyn Love. The motion passed with u unanimous vote.

Councilmember Burnhøm moved to ødjoarn into ø closed executíve session for the purpose of díscusslhg the purchase, lease or exchange of real property parsuønt to Sectíon 52-4-205(1) of the Utøh Code, Annotated. Councílmember Curtis seconded the motion. Those voting aye: Donnø Burnhøm, Melíssa Clark, Colby Curtis, Jøred Gray, and Carolyn Love. The motion passed wíth ø unønímous vote.

Councilmember Clark moved to øppoint Councílmemher Donna Burnham as Møyor Pro Temporefor 2020. Councílmember Curtís seconded the motion. Those votíng aye: Donnø Barnhøm, Melíssu Clark, Colby Curtís, Jared Gray, ønd Carolyn Love. The motion pøssed with a unanimous vote. Councilmember Gray said the State statute notes the Council will discuss the Mayor Pro Tempore and questioned why Mayor Westmoreland proposed the individual to be appointed. Ms. Kofoed explained the State statute designates authority to the Mayor to make appointments. Historically, the mayor has brought forth names for appointments, with the advice and consent of the Council. Councilmember Gray asked if that can be codified, as there is nothing in Municipal Code regarding the Mayor Pro Tempore. Ms. Kofoed stated the Municipal Code does include language regarding the Mayor Pro Tempore, and the Mayor and Council have the authority to bring forward proposed amendments to Municipal Code. She explained the State statute notes the Council may appoint a Mayor Pro Tempore, but it is not required to happen prior to the need for a Mayor Pro Tempore. The City proactively appoints the Mayor Pro Tempore at the beginning of every year. Councilmember Burnham stated this process is beneficial as it negates the need for an emergency City Council meeting in which a Mayor Pro Tempore is selected. Councilmember Gray expressed conoem that conflicts of interest might exist if the sitting mayor and mayor pro tempore are running against each other in an election. Ms. Kofoed explained that the Mayor Pro Tempore only acts in the Mayor's absence. The Mayor appoints an individual that he or she is confident and comfortable with" Councilmember Burnham stated the Mayor Pro Tempore only acts in the Mayor's place for up to thirty days; it is not a long-term appointment. Councilmember Gray asked why some boards and commissions have three-year terms, and some have four-year terms. Ms. Kofoed said the Planning Commission has a statutory requirement of a three-year term. Councilmember Gray stated he has not read that in State or Municipal Code and would research the requirement. 20. CIT'Y COT'NCIL/MAYOR'S BUSINESS Councilmember Burnham None. Councilmember Clark Councilmember Clark said Alpine School District is meeting with City staff on April 13. They plan to meet quarterly. She stated she would like the City to schedule a joint work session with Saratoga Springs, Lehi, Fairfield, and Cedar Fort to discuss issues that affect these entities. Councilmember Curtis None. Councilmember Gra]¡ None. Councilmember Love None. 21. CITY COTINCIL BOARD LIAISON REPORTS Mayor Westmoreland noted the following liaison assignments: Councilmember Curtis: Economic Development Board and Eagle Mountain Arts Alliance. Councilmember Burnham: Military and Veterans Advisory Board and Library Board; she will also attend Mountainland Association of Government meetings in Mayor Westmoreland's place, if he is unable to attend. Councilmember Love: Planning Commission and Youth Council. Councilmember Clark: Pony Express Events and Cemetery Board. Councilmember Clark will also continue on her special assignment over the City's emergency preparedness programs. Councilmember Gray: Parks and Recreation Advisory Board and Senior Council Advisory Council if Councilmember Clark asked that a Councilmember cannot attend a board meeting, he/she contact another Councilmember to attend in his/her place. Councilmember Gray asked which Councilmember served as the liaison to public safety. Mayor Westmoreland explained that he sits on the Unified Fire Authority board; therefore, the City has representation at those meetings. 22. COMMI.JNICATION ITEMS 22"A. F"inancial Report 22"ß" Upcoming Agenda ltems 23 ADJOURNMENT