Eagle Mountain City Council, 16 June 2020

Councìlmember Curtìs moved to øpprove the consent agendø, removíng the portions of item I2A. reløting to the Polícíes and Procedures Mønual, includíng Exhibít A, and directíng the Recorder's Office to chønge "expressed concerns regørding" at the top of pøge 3 ìn the Jane 2, 2020 minute to "dírected that engineering address Íssues ønd expectatìons regarding." Councilmember Clark seconded the motíon. Those votíng aye: Donnø Burnhøm, Melßsø Clørk, Colby Cartís, Jøred Grøy, and Cørolyn Love. The motion passed wíth ø unanimous vote. SCHEDULED ITEMS 14. ORDINANCES 14.4. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Adopting Final Budget Amendments for Fiscal Year 2019-2020. Assistant City AdministratorÆinance Director Paul Jerome reviewed the Final Budget Amendments for Fiscal Year 2019-2020 as presented during work session. Mayor Westmoreland opened the public hearing at 7:27 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 Clark moved to øpprove øn ordínance of Eøgle Mountain C¡A, Utuh, adoptíng theJinal budget ømendmenßfor Fßcal Yeør 2019-2020. Councilmember Burnham seconded the motìon. Those voting aye: Donnø Burnhøm, Melíssa CIørk, Colby Curtß, Jared Grøy, ønd Cørolyn Love. The motíon pøssed with a unanímous vote. 14.8. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Adopting the Eagle Mountain Fiscal Year 2020-2021 Budget and Certified Tax Rate. Eagle Mountain City Council Meeting - June 16,2020 Page ll of16 Mr. Jerome reviewed the Eagle Mountain Fiscal Year 2020-2021Budget and Certified Tax Rate as presented during the work session. Mayor Westmoreland opened the public hearing at 7:32 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.

Councilmember Burnhøm moved to upprove øn ordínance of Eagle Mountaín Cíly, Utah ødoptíng the Eøgle Mountsín Fìscal Yeør 2020-2021 budget ønd certìJied tøx rate. Councílmember Clark seconded the motion. Those voting øye: Donna Burnhøm, Melissø Clark, Colby Curtß, Jared Grøy, and Cørolyn Love. The motíon pøssed wíth a unanímous vote. 14.C. ORDINANCE/PUBLIC HEARING-An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 17.37 Business ParkZone. Assistant City Administrator/Community Development Director Steve Mumford reviewed the item presented during work session. He expressed appreciation for resident involvement and efforts in preserving natural open space within the City. Councilmember Gray expressed concern that a 50-foot setback could be insufficient in some instances. Mr. Mumford stated staff had previously considered a 1O0-foot setback; however, slope stability studies had recommended a 50-foot setback from the Tickville Wash in several areas and stated additional land may be allocated in order to install a trail system or the wildlife corridor. City Attorney Jeremy Cook suggested amending the verbiage throughout Municipal Code to measure from the top of the bank instead of the edge of the wash. Mayor l(estmoreland opened the public hearing at 7:44 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 commentg Mayor Westmoreland closed the hearing.

Councilmember Burnham moved to øpprove an ordínønce of Eagle Mountaín City, Utah ømending the Eøgle Mountøín Munícìpøl Code Chøpter 17.37 Busìness Park Zone. Councílmember Curtìs seconded the motion. Those votìng aye: Donna Burnhøm" Melissø Clørk, Colby Curtß, Jøred Grøy, and Carolyn Love. The motíon pøssed wíth ø unønimous vote. 14.D. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 17.5I Warehouse Farming Overlay Zone. Mr. Mumford reviewed the item presented during the work session and stated the Chapter number had been altered to fit appropriately within Municipal Code. Mayor Westmoreland opened the public hearing at 7:54 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, Møyor Westmoreland closed the hearing. Councilmember Love expressed her preference to table the item to allow additional time to examine setbacks lengths, standards, and permitted location language. Mr. Mumford stated the public had been informed the Cify is in the process of determining where the zone is appropriate. Mr. Cook stated a risk in delaying the item is that should the City receive an application for cannabis farming during the interim before the adoption of the ordinance, the use would be permiued in any area of the City. He said as no State licenses are currently available, receiving an application is unlikely and stated the City Council may prefer to delay the item to verifi that included standards reflect their intentions. Councilmember Love stated her preference to include more prescriptive language regarding the appropriate areas where the overlay will be approved and clarified her preference for an overlay zone as opposed to azone. Councilmember Curtis requested staff guidance regarding how to best speciff the Council's desires in City standards. Mr. Mumford suggested language to address location concems and to clarif,r the Council's prerogative to reject an application due to safety, health, or other reasons that merit denial. Discussion ensued regarding warehouse farming and options to address Council and potential resident concems. Mr. Cook suggested identiffing specific property within the City as permitted warehouse farming locations and stated the City Council has latitude in denying rezone applications. Councilmember Bumham expressed concem that designating specific locations within the City could become problematic should other uses be developed on the properties resulting in the lack of a designated area for the use which would, by default, allow for the use anywhere within the Cif. Mr" Cook stated the building out of the designated areas for the overlay zone could result in the use being permitted in other areas; however, due to the higher water costs compared to other cities, Eagle Mountain is unlikely to attract warehouse farming. Councilmember Curtis asked if the standards could limit the number of warehouse farrning facilities allowed within the Cif. Mr. Cook said the State standards are unclear on limiting the number of locations. The State must be notified should the City receive more than one cannabis application, and the State may be unlikely to approve more than one use within the City; however, State guidelines also note that the City is not allowed to limit the distance between cannabis production facilities. He recommended approving two locations within the City for production, one in an agricultural area and one in an industrial area, in order to meet State requirements and said the overlay zone can include more prescriptive standards than a zone. Councilmember Burnham verified that the Warehouse Farming Overlay Zone can be applied to other warehouse farming uses. Mr. Mumford stated the overlay may be applied to other warehouse farming uses; however, due to the high cost of warehouse farming and the availability of agricultural land, the City is unlikely to attract other warehouse farm uses and those uses could be included in another zone, if desired.

Coancilmember Love moved to tøble an ordinance af Eagle Mountøìn Cíty, Utøh, amending the Eøgle Mountøín Munícìpøl Code Chapter 17.51 Vl/arehouse Førmíng Overlay Zone. Councilmember Curtís seconded the motíon. Those voting øye: Donna Burnhøm, Melßsa Clark, Colby Curtís, Jared Gray, and Carolyn Love. The motíon pøssed with ø unsnimous vote. 14.8. OIì.DÍNANCE - An Ordinance of Eagle Mountain, lJtah, Amending Chapter 15"105.020 General Provisions of the tJagle Mountain Municipal Cocle fbr Flood Damage Prevenl.ion. Ms. Kofoed reviewed the item presented during the work session. She explained the pulpose was to identiff flood plain areas should residents need to apply for flood insurance; no flood zones have been identified within Eagle Mountain City.

Councilmember Burnham moved to apprcve fin ordinønce of Eøgle Mountaín, Utøh, amending Chøpter 15.105.020 General Provísíons of the Eagle MoantaÍn Municípal Code .for Flood Dømøge Prevention. Councilmember Clark seconded the motíon" Those votìng øye: Donnø Burnhøm, Melíssa Clørk, Colby Cartis, Jsred Grøy, and Curolyn Love" The motion passed wíth a unanimous vote. 15. MOT'ION 15.A. ANNEXATION -- Acceptance of the Butterfield Amexation Petition for Further Review. Ms. Kofoed reviewed the item presented during work session and stated the acceptance of the annexation petition for further review permits staff to examine the petition to verifu it meets all requirements. She explained the process of the annexation petition review and public notifications proeedures prior to the City Council vote for approval or denial at a future meeting. Councilmember Curtis clarified for the benefit of the public that acceptance of the Butterfield annexation petition does not approve the annexation or proposed land use. MOTIONI Coancílmember Curtís moved to øccept the Butterfteld annexstìon petítion forfurther revíew. Councìlmember Clark seconded the motíon. Those votíng aye: Donna Burnham, Melissa Clark, Colby Curtis, Jøred Grøy, and Carolyn Love. The motíon passed wíth a unanimous vote. 16. CITYCOUNCIL,/MAYOR'SBUSINESS None. 17 " CITY COUNCIL BOARD LIAISON REPORT'S Councilmember Burnham Councilmember Burnham requested the Mayor and Councilmembers inform her of any concerns regarding the results of the Utah Transit Authority transit study. She stated she has a meeting with the Library Advisory Board tomorrow. Councilmember Curtis Councilmember Curtis said he met with the Eagle Mountain Chamber of Commerce and the small business COVID-l9 pandemic relief checks have been distributed" He expressed gratitude to Facebook for providing relief aid, and for Tyson Foods, Direct Communications, and other Eagle Mountain business for their charitable contributions to the Ciff. The Eagle Mountain Arts Alliance is working on a small library project in conjunction with the Library. Councilmember Clark Councilmember Clark stated Emergency Manager Jeff V/eber will conduct a remote emergency planning meeting on Thursday evening in conjunction with representatives from the Utah County Sheriffs Office, UFA, the ham radio group, omergency communications for the Ciff, and the Community Emergency Response Team to plan the programming for the rest of the year. She said a ham radio group licensing program was held a few weeks ago. She stated UFA emailed a survey for the Councilmembers to complete. Councilmember Love Councilmember Love thanked the Planning Commission for their efforts in preparing the zone amendments and AutoZone applicants for their consideration of the City Council's concems. l8 COMMT'NICATION ITEMS 18.4. Financial Report 18.8. Upcoming Agenda Items t9. ADJOURNMHNT

Councílmember Grøy moved to ødjourn the meetíng flt 8:30 pm. Councílmember Curtß seconded the motion. Those voting aye: Donna Burnhøm, Melìssa Clørk, Colby Curtís, Jared Grøy, and Carolyn Love. The motion pøssed wíth ø unsnímous vote.