Eagle Mountain City Council, 2 June 2020

Councilmember Curtß moved to øpprove the consent øgendø. Councilmember Clark seconded the motion. Those votíng aye: Donnø Burnham, Melßsø Clark, Colby Curtß, and Jared Grøy, and Carolyn Love.

Councilmember Burnham moved to adopt øn ordinance of Eagle Mountain City, Utøh, øpprovíng the second amendment to the Arrivøl Master Development Plan. Councilmember Clark seconded the motíon. Those vofing øye: Donna Burnhøm, Melissø Clark, Colby Curtis, Jured Grøy, ønd Carolyn Love. The motion pøssed with s unsnimous vote. 12.8. MOTION - Arrival Phase B Preliminary Plat Amendment Mr. Mumford stated staff examined the lot frontages, lot sizes, roads, and Municipal Code and the Phase B preliminary plat amendment complies with the standards, except for the prohibition of septic systems on half acre lots; however, due to the sewers not being available in the subdivision, a septic system exemption may be granted. Councilmember Gray stated when he had previously discussed the relocation of the church site and the density impact, he had neglected to mention that the park, voluntarily provided by the developer, resulted in the loss of three lots. He stated appreciation for the applicant adhering to the intent of the agreement and providing a desirable product.

Councilmember Clark moved to approve the Aruìval Phase B prelíminary pløt ømendment. Councílmember Love seconded the motion. Those votíng aye: Donna Burnham, Melissø Clørk, and Colby Curtß, Jøred Gray, and Cørolyn Love. The motion pøssed with ø ununimous vote. 13. ORDINANCES .4. 1 3 ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 17.35 CommercialZones. Mr. Mumford reviewed the information presented during the work session. Mayor \|/estmoreland opened the public hearing at 8:36 p.m. Bettina Cameron served as spokesperson in behalf of the Eagle Mountain Wildlife Group, whose members include Marian Burningham, Kevin Burningham, Shon Reed, Mike Kieffer, Craig Whiting, and Trista Torson. She stated the group was formed to assist the City in the preservation of wildlife corridors. Ms. Camerson suggested prohibiting the piping of natural washes and expressed concem that the setback requirement verbiage was vague. She stated Shane Hill at the Department of Wildlife Resources (DV/R) recommended a minimum of a fifty-foot setback from the washes. A hfty-foot setback would provide space for deer migration and allow for a connection to the Camp Williams and Herriman trail systems. She stated the setback requirement would assist with land preservation until the location of the wildlife corridor is finalized. Councilmember Gray inquired how normal setbacks compare to the guidelines for significant setbacks. Mr. Mumford stated Municipal Code requires a slope stability study for washes or hillsides with a 25 percent or steeper grade within 200 feet of a development, and the setbacks are Eagle Mountain City Council Meeting - June 2,2020 PagelloflS determined accordingly. He expressed a preference to allow for some flexibility due to natural terrain variations. Councilmember Clark inquired if the setback distance is calculated from the center or edge of a wash. Ms. Cameron clarified that the suggested setbacks from the DWR were measured from the outermost edge of the wash. Mayor l4/estmorelønd closed the public hearing øt 8:45 p.m. Mr. Cook stated river setbacks are measured from the top of bank. Councilmember Clark verified the determined setback should be significant enough to account for potential erosion or expansion of the wash. Councilmember Clark asked if setbacks are unbuildable land or a deeded right-of-way. Mr. Cook stated generally the area would be dedicated in residential areas and the area could be required to be dedicated to the City; however, the City would then be responsible for land maintenance. Mr. Mumford explained permanent structures include anything requiring a building permit and excludes sheds and fences, and ideally the land included in the wildlife corridor would need to be deeded to the City to prevent obstructions. Discussion ensued regarding natural wash setback standard specif,rcations to ensure wildlife corridor preservation and resident safety. MOTION Councilmember Curtís moved to øpprove øn ordinønce amending Eagle Moantain Municipal Code Chøpter 17.35 Commercíal Zones, creøting the CommercÍal Regionøl Zone as dßcussed. Councilmember Clørk seconded the motíon. Those votíng øye: Donna Burnhøm, Melìssa Clørk, Colby Curtís, Iøred Grøy, and Carolyn Love. The motíon passed with u unønimous vote. Mayor V/estmoreland recessed the meeting from 9:05 p.m. to 9:13 p.m. 13.8. ORDINANCE/PUBLIC HEARING-An Ordinance ofEagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 17.80 Sign Regulations and Sign Permits. Mr. Mumford reviewed the item information presented during the work session. He explained staff suggested verbiage removing the time period restriction to tum off electronic signs between the hours of 11:00 p.m. and 6:00 a.m. suggested by the Planning Commission to prevent City signs from having standards not imposed upon non-civic signage, and replaced the time limitation with the standard brightness restriction regulations. Mr. Mumford stated the time limitation suggested by the Planning Commission was due to concerns regarding the nighttime brightness levels of school electronic signs. Eagle Mountain City Council Meeting - June 2,2020 Page 12 of l8 Councilmember Cunis inquired about the need for the City's electronic signs to function at night and voiced support for the Planning Commission's suggested time limitation. He expressed concern regarding compliance issues with the dark sky ordinance and stated he did not perceive a benefit to allow the electronic signs at night. He expressed concern regarding the potential future use of municipal electronic signage for political or in-kind commercial advertisement. Councilmember Gray stated due to the location of the City electronic signs, nighttime dimming of the signs should be sufficient to mitigate light pollution and dark sky ordinance compliance concerns. He requested clarihcation regarding the potential advertisement usage of the signs. Mr. Cook stated a condition of the easement agreement with the landowner for the electronic sign located near the Ranches Golf Course restricts commercial advertisement and the current intent of the City is to prohibit commercial advertisement on the electronic signs. He stated the City Council could create standards, if desired, or wait to address issues should any arise. Ms. Kofoed stated the allowance of commercial advertising would be unlikely due to the resulting issues such partnerships would cause. She stated emergency situations may require the use of electronic signs and the mobile electronic signs currently used by the City run through the night. Councilmember Burnham stated her preference for staffls suggested verbiage to allow nighttime electronic signage to provide information to residents traveling at night due to nonstandard work hours. Mr. Mumford stated that during the Planning Commission meeting, Commissioner Pengra used the Frontier Middle School sign's brightness concerns as an example of potential issues regarding electronic signs and a time restriction would hold the City accountable regarding light pollution concerns, should any arise. Councilmember Gray verified the Frontier Middle School sign did not dim at night and suggested amending the signage time restriction to 12:00 a.m. to 5:00 a.m. Mayor Westmoreland stated the mobile electronic signs currently used by the City provide residents with information regarding road construction and other nonemergency, important information that may be missed by some residents if the signs are turned off at night. Councilmember Curtis stated his desire to protect and preserve dark sky standards, even as the City expands, as one of Eagle Mountain City's unique and beneficial features. Councilmember Clark suggested beginning with more restrictive standards as it is easier to reduce than to increase restrictions. Councilmembers Curtis and Love suggested amending the verbiage to allow necessary communication in addition to emergency communication. Discussion ensued regarding permitting staff to determine nighttime communication exemptions and electronic signage time restrictions and dimming. Mayor Westmoreland opened the public hearing 9:41 p.m. No comments were submitted to the City Recorder's Office and no public was in attendance to make comment. As there were no comments, Mayor Westmoreland closed the hearing.

Councílmember Curtß moved to approve an ordínance of Eøgle Mountøín City, Utah, ømendìng the Eøgle Mountøin Munícípal Code Chapter 17.80 Sígn Reguløtions and Sign Permìts amending the verbiøge to "Electroníc sìgns should be turned ofl between the hours of 12:00 a.m. ønd 5:00 ø.m-, except in the case of necessøry communícøtìons. Electronic signs shall comply with EMMC 17.80.070(F)(5)(c) in relatíon to maxímum níghttìme brìghtness and íllumination." Councílmember Grøy seconded the motíon. Those voting aye: Donna Burnham, Melissø Clark, Colby Curtis, fared Grøy, and Carolyn Love. The motion pøssed with a unanímous vote. 13.C. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City,Utah, Repealing the Regulations in Chapter 17 .45 Airpark Zone of the Eagle Mountain Municipal Code. Mr. Mumford reviewed the information presented during the work session. Councilmember Love stated she would be in favor of approving an airport or an airpark within the City, should the opportunity arise. Mayor l4/estmoreland opened the public hearing at 9:45 p.m. No comments were submitted to the City Recorder's Office and no public was in attendance to make comment. As there were no comments, Mayor hT/estmoreland closed the hearing.

Councílmember Gray moved to approve øn ordinance of Eøgle Mountøín City, Utah, repeølíng the regulatíons ín Eøgle Mountain Municípal Code Chapter 17.45 Airpark Zone. Councilmember Clark seconded the motion. Those voting øye: Donnø Burnham, Melßsø Clark, Colby Curtß, Jared Grøy, ønd Carolyn Love. The motíon passed wíth ø unanimous vote.

Councilmember Grøy moved to øpprove øn ordínance of Eøgle Mountain Cíty, Utøh ødoptìng an updated ímpøct fee enactment for the Parks and Recreatíon Impøct Fee, removing the word "revitalìzøtíon"from the verbiage ín the report. Coancílmember Curtis seconded the motíon. Those voting aye: Donnø Burnhøm, Melßsa Clark, Colby Curtis, Jøred Grøy, ønd Cørolyn Love. The motion passed with a unanimous vote. 14. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Clark Councilmember Clark reminded residents the Eagle Mountain Rodeo will be held on June 11, 12 and 13 and inquired if there would be a dignitary wagon. Councilmember Burnham None. Eagle Mountain City Council Meeting - June 2,2020 Page 16 of l8 Councilmember Love Councilmember Love expressed appreciation of Councilmember Gray's efforts in assisting to provide rodeo events while maintaining social distancing safety standards. Councilmember Curtis None. Councilmember Gray None. Mayor Westmoreland Mayor Westmoreland clarified his earlier statement that it is appropriate for staff to communicate with and provide information to the Mayor and City Council during the City Council meetings; however, it is inappropriate for Councilmembers to engage in private electronic communications during public meetings. He stated he had received information from staff that the splash pads would open on Saturday, June 6, 2020. 15. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Curtis Councilmember Curtis stated the Eagle Mountain Arts Alliance requested to discuss their renewal agreement and affiliate organizations with the City. He thanked Councilmember Burnham for attending a Chamber of Commerce meeting on his behalf. Councilmember Burnham Councilmember Burnham stated she enjoyed the event she attended on Councilmember Curtis' behalf. The Eagle Mountain Chamber of Commerce awarded two technical scholarships at the meeting; she had the opportunity to speak with the recipients and discuss their plans for the future. Councilmember Gray Councilmember Gray stated due to social distancing restrictions, a dignitary wagon was not planned for the rodeo. Councilmember Clark None. Councilmember Love None. 16. COMMUNICATIONITEMS 16.4. Upcoming Agenda Items