Eagle Mountain City Council, 7 July 2020

Councìlmember Love moved to øppoínt Sydney Wílliams as Youth Møyor. Councílmember Clark seconded the motion. Those voting aye: Donnø Burnhøm, Melìssa Clark, Colby Curtß, Jøred Gray, and Carolyn Love. The motion passed wíth ø unanímous vote.

Councilmember Love moved Ío appoínt Ashton Bernabeu as ø Youth Councìlmember. Councílmember Curtß seconded the motíon" Those voting aye: Donna Burnhøm, Melíssø Clark, Colby Curtß, Jøred Gray, and aørolyn Love. The motíon pøssed wíth ø unanìmous vote.

Councilmember Love moved to appoint Logan lhelch øs ø Youth Councílmember. Councilmember Grøy seconded the motion. Those votíng aye: Donna Burnham, Melßsø Clurk, Colby Curtis, Jøred Gray, ønd Carolyn Love. The motion pøssed wíth ø unønimous vote.

Councílmember Love moved to uppoint Sølem Shímakonìs øs ø Yoath Councilmember. Councilmember Gray seconded the motÍon. Those voting aye: Donna Burnham, Melissø Clørk, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed wíth ø unønimous vote.

Councílmember Love moved to appoínt Kayson l(elch as a Youth Couneilmember. CouncÍlmember Grøy seconded the motíon. Those voting øye: Donna Burnhøm, Melissa Clark, Colby Curtís, Jøred Grøy, ønd Carolyn Love. The motíon passed wìth ø unønimous vote" 7. INÞ'ORMATION ITEMSruPCOMINGEVENTS The Eagle Mountain Chamber of Commerce will host a luncheon on Thursday, July 9, Il 2020 from 45 a.m. to 1:00 p.m. at Garden Near the Green. The featured speaker is Peter Jay, Economic Development Director of Utah Valley University. Register at the Chamber website - eaglemountainchamber.com. The Utah Red Cross will hold a blood drive on JuIy 27,2020 at City Hall from 9:00 a.m. to 3:00 p.m. Blood donations are urgently needed at this time. Register at redcrossblood.org and enter sponsor code "Eagle Mountain CiW." a The Miss Eagle Mountain Scholarship Pageant will be held on Friday, July 10, 2020 at 7:00 p"m. Due to COVID-I9 guidelines, in-person attendance at the pageant will be restricted to contestants and two guests. A livestream of the pageant will be available to the public. When the link is available it will be posted on the City website calendar. a Guidelines for individuals and businesses during the yellow phase of COVID-l9 response are available at aoronavirus.utah.gov. Eagle Mountain City Council Meeting - July 7,202A PageT oflT o To receive City notifications, including emergency info, news, events, and traffic alerts, sign up at emcity.org/notifyme. 8. PUBLIC CON,IMENTS None. 9. CII]Y COTINCII./MAYOR'S ITEMS Councilmember Curtis Councilmember Curtis stated he is against a City-wido ban on fireworks as it would be ineffective in preventing fires, because fires are caused by individuals illegally launching fireworks" He encouraged people to adhere to firework safety guidelines. He expressed sympathy for the Oak Hollow resident eoncerns regarding the 7-Eleven gas station. He reviewed the comments and study materials provided by residents and found insufficient comprehensive, universal data, and inadequate legal standards necessary to grant the conditional use permit appeal, and he agreed with the Planning Commission's decision. He assured residents their eoncerns were taken seriously and thoroughly considered, and that the City Council cares about the citizens. Councilmember Gray Councilmember Gray expressed appreciation for Diana Anderson's bravery in speaking before the City Council and the professionalism of her presentation during the 7-Eleven conditional use permit appeal" He stated that as the Planning Commission did their due diligence, the City Council determined the appropriate action was to uphold the conditional use permit approval. He said the Senior Citizen Advisory Council plans to provide senior exercise classes tentatively scheduled to begin in August at 10:00 a.m. on Thursdays. Councilmember Clark Councilmember Clark stated her appreciation for resident involvement. She commended City staff and leadership for their efforts and excellent work on behalf ofthe City. She stated the City Council and Planning Commission are required to make difficult decisions and thanked the Planning Commission and the City Council for their efforts. Councilmember Burnham Councilmember Bumham concurred with Councilmember Curtis' statements regarding banning fireworks and the appeal studies. She stated Ms. Anderson was eloquent and well-spoken during the Appeals Board meeting, and she appreciates when residents participate in local issues. Councilmember Love Councilmember Love welcomed the Youth Council Members. She thanked Mp.Anderson for her hard work and efforts in investigating a cause and advocating for her community. The conditional use permit appeal was a difficult decision for the City Council and the expressed concerns were seriously considered by Councilmembers. Mayor Westmoreland Mayor Westmoreland thanked law enforcement and the fire department for their efforts during difficult circumstances and for their professionalism. He stated the fireworks map is regularly reviewed and heavily regulated. He thanked residents for their efforts to be careful, respectful, and good neighbors. CONSENT AGENDA IO. AGREEMENTS 10.4. AGREEMENT - Professional Service Agreement between Eagle Mountain City and Accela for Land Management Software and Support. 10.8. AGREEMENT - Professional Service Agreement between Eagle Mountain City and Byrne for Software Implementation. 10.C: AGREEMENT - Second Addendum to an Agreement between Eagle Mountain City and Ifo Pili for City Administrator Services. I. I BID AWAIìDS 11.4. 2020Eagle Mountain Mirco Surface Project - Geneva 11.8. Pole Canyon Water Line and Sewer Force Main - Landmark Excavation 12" BOND REI,EASES 12.A. Brylee Farms Phase A Plat I - Into V/arranty 12.8. Mt. Airey Plat E - Out of Wananty 13. CHANGE ORDERS 13.4" Pony Express Parkway Change Order #3 - Kenny Seng T4. MINUTES 14"4. June 16, 2020 - Regular City Council Meeting 15. PRELIMINARY PLAI-S & SITE PLANS 15.4. SITE PLAN - Dollar'Iree 15.8. SITE PLAN-- 7-Eleven 16, RI]SOI,TJTIONS

Councìlmember Curtís moved to øpprove the consent agenda wíth the followíng condítíons 1. Items 15.A. and 15.8" shøll be removed ønd ìncluded as scheduled ite ms fo r further dìs c ussío n ; 2. The Cìty Attorney's memo regardíng ítem 16.8. shøll be íncluded ín the approval; ønd 3. Støff shall be authorízed to møke chønges to ítems 10.A. ønd 10" 8., excludíng term length ønd cost. Councílmember -Gray seconded the motíon" Those votíng aye: Donna Barnhøm, MeIßsø Clark, Colby Curtís, Jared Gray, and Carolyn Love" The motíon pøssed wíth ø unønimous vote. SCHNDUI,ED TTEMS 17. ORDINANCES/PUISI,ICHEARINGS

CouncÍlmember Clark moved ta øpprove øn ordinønce af Eøgle Mountøín City, Utøh, amendíng the Eagle Mountain Munìcípøl Code, adoptìng Chapter 17.51 ll/urehouse Førmíng Overlay Zone. Councilmember Curtß seconded the moÍion. Those votìng øye: Donnø Barnhøm, Melíssa Clørk, Colby Curtß, Jøred Gray, and Carolyn Love. The motíon pøssed with a unanimous vote. I8. MOTION Eagle Mountain City Council Meeting - July 7,2020 Page l0 of 17 18.4" Sunset Flats - Altemative Fencing Request Applicant Susan Palmer clarified the requested fence style as the Homeland vinyl fencing in the honey maple shade pictured on pages 8 and 9 of the materials she submitted, and stated she was unsure if she would be able to use the same manufacturer as the Silverlake South development. Councilmember Curtis expressed concern that without physically seeing the color, it is difficult to approve the fence. He expressed favor for the exact fencing used in Silverlake and prefened the chai gray shade, as it blends in better with the fencing previously required by The Ranches Homeowners Association. Councilmember Gray inquired if the previously approved Silverlake fencing and the proposed fencing include a center metal support rail and expressed a personal preference for the honey maple shade but stated he would support the chai gray to match existing fencing, if desired by the other Councilmembers. Discussion ensued regarding the appearance and structural elements of the previously approved alternative fencing in Silverlake" Councilmember Love expressed favor for the maintaining gray fencing throughout the City for aesthetical continuity. Councilmember Gray inquired if after the approval of this item, the City Council could declare the Municipal Code fencing standards as under review to hold the approval of other application until the standards are amended. Mr. Cook stated the City Council may declare on record that the fencing standa"rds are under review and withhold approvals until Municipal Code is amended and all future applications would be subject to that review.

Councílmember ßurnham moved to approve an olternøtefencíng option that ìs signíficøntly consßtent øeslhetícully to and with as good or better metøl reínforcement ønd strength qualítíes as the SílverLake Southfencíng product as determìned by støff" Councílmember Clark seconded the motíon. Those votíng øye: Donna Burnhøm, Melßsa Clørk, Colby Curtís, Jared Grøy, and Carolyn Love. The motíon pøssed wìth a unanímous vote. Discussion ensued regarding the elements to potentially require in the alternate fencing approval including steel reinforcement, a middle support rail, and color. Mr. Cook expressed concem regarding creating a situation where the City Council is unable to approve applications due to the fencing review and requested clarification. Councilmember Bumham stated that if the standards are under review, the Planning Commission is unable to review applications, as has occurred in the past. Eagle Mountain Cþ Council Meeting - July 7,2020 Page ll of17 Discussion ensued regarding which sections of the Municipal Code would be included in the review. Councilmember Bumham expressed concems with one Councilmember stating on record that Municipal Code standards are under review resulting in a hold being placed on all applicable development applications. She proposed to instead direct staff to review Municipal Code fencing and bring amendment suggestions to the City Council as soon as possible. Mr" Cook concurred with Councilmember Burnham due to the broadness of the fencing standards within Municipal Code and the potential complications of placing those standards under review. 15. PRTII,IMINARY PI,AIIS & SITE PLANS 15"4. SITFI PLAN - Dollar'free Mr. Hadley presented the item and said the City Council approved the Carson Commercial Master Site Plan on August 6,2019. This application is being proposed in conjunction with the 7-Eleven site plan. The applicant has added architectural design and features to better conform to Municipal Code. The building is 10,000 square feet and is set back to allow for access and an exit lane for better flow between Dollar Tree and 7-Eleven. The parking has been moved to the side and rear, and the project provides the required 34 parking stalls and 2 ADA stalls. Dollar Tree will be responsible for the landscaping on the store site. Headlight screening will be required with a combination of berming and vegetation" Plants must be added to the site plan between the sidewalk and street. The Planning Commission recornmended approval to the City Council with the following conditions: the applicant shall meet the lighting standards and present a compliant lighting plan with an updated lumen count to City Council; the applicant shall work with staff and City Council on an agreement to allow right-of-way monument signage representing multiple business in the commercial development; the plan shall comply with architectural standards; and the applicant shall submit a Municipal Code-compliant landscaping plan. Councilmember tove expressed concern regarding the exit on Porter's Crossing Parkway due to the intersection's proximity to Pony Express Parkway. Mr. Trusty stated the applicant proposed the exit onto Porter's Crossing Parkway. The resulting removal of the median to permit left-hand tums into the site also makes it possible for motorists to make a left-hand turn onto Porter's Crossing Parkway. Councilmember Love suggested signage and a partial median in the entrance to discourage left- hand turns. Discussion ensued regarding options to encourage right-hand turns andlor prevent left-hand turns onto Porter's Crossing Parkway. Councilmember Curtis reviewed the history of the project and stated this traffic configuration was a compromise to allow a left-hand turn without routing traffic through the adjacent neighborhood. Councilmember Burnham concuffed with Councilmember Curtis' recollection that the Council had agreed to allowthe applicant the left-hand tum to provide adoquate acoess to the property. She verified with staff that the applicant had met the Planning Commission's conditions regarding architectural and landscaping plan standards. She stated her opinion that allowing a left-hand turn onto Porter's Crossing Parkway will reduce the number of left-hand tums on Pony Express Parkway. Councilmember Clark stated the traffic pattern was to appease concerns of the Oak Hollow residents and said other gas stations in the City that are located on intersections with similar orientations allow for left-hand turns onto streets similar to Porter's Crossing Parkway. She stated her desire to honor the previous agreement with the applicant to permit the access. Councilmember Gray expressed concerns regarding safeff due to human error and the potential for residents to disregarcl proper traffic patterns. Although he expressed his preference for the traffic to be routed through the neighborhood, he agreed the Council should honor the previous agreement with the applicant" Discussion ensued regarding traffic safety and Councilmember preferences. Mr. Trusty stated the City Council could require the applicant to locate the detention pond underground, and he explained the site plan approval is separate from the utility plan approval. The detention pond is a part of the utility plan approval. Councilmember Curtis verified that both the Dollar Tree and 7-Eleven have detention pond requirements. Councilmember Bumham verified the block wall had been completed along the rear of the Dollar 'Iree property.

Councílrnember Gray moved to øpprove the Dollar Tree síte pløn wíth the followíng condítíons: l. The øpplícant shall meet the líghting Code stnndørds Ín EMMC 17.56 ønd present ø complûant líghtíng plan wíth un updnted lumen count to Cíty Council; 2" The applicønt shall work with støffand Cíty Councìl on an øgreement to øllaw ríght-of-way monument sÍgnage representíng multíple busìness in the commercíal development; and 3" The storm draín locøted in the ríght-of-wøy shall be andergroand storuge. Councílmember Clark seconded the motíon. Councilmember Bumham inquired if the applicant was amenable to the condition requiring underground water storage" Eagle Mountain Cfu Council Meeting - July 7,2020 Page 13 of 17 Applicant representative Ryan Forsyth expressed concern regarding the underground water storage requirement. It would be insufficient to withstand the weight of road expansion and may require a concrete system to pipe the water to another location. The location would be dissimilar to the other projects in the area with right-of-water detention ponds, and the cost of the project would increase significantly" Mr. Trusty stated he did not recall a time when the City removed a retention or detention pond to make use of a right-of-way. He does not have concems regarding a surface detention pond located elsewhere on the property. He stated the Ciff should have sufflrcient width to expand the road if needed; however, he expressed conoern with permitting a surface detenti<ln pond within the right- of-way instead of on the property. Councilmember Gray stated that although the underground detention pond would not withstand the weight of a drive lane, the width of the right-of-way exceeded the footage necessary for road expansion. He said the trail system could be installed above an underground detention pond, if necessary, in the future" He asked if the properfy has another aboveground water storage option" Mr. Forsyth stated due to the shallowness ofthe property, locating the detention pond on site would be difficult. He stated the plan to install a shallow pond with decorative landscaping would be aesthetically pleasing, and the berming would provide headlight screening for the property, as requested by the Planning Commission" He stated a willingness to install partial underground storage or to make a financial contribution towards a more robust future system. Councilmember Curtis proposed to locate the detention pond in the rear landscaping and stated his disfavor for the aboveground detention pond near the property, as it is aesthetically unappealing. Discussion ensued regarding potential locations on the propes for an aboveground detention pond, the possibility of a combination of above and underground water storage, potential engineering concerns regarding the loeation and size of the pond, balancing City and developer needs, preferred aesthetics, volume retention requirements, and the optimal depth of an aboveground detention pond. Councilmember Gray asked if the application should be tabled until the concerns regarding the detention pond are resolved and reiterated his concerns regarding allowing stonn drainage within the Ciff right-of-way. He expressed his desire to allow the prcrject ter move forward while protecting the interest of the City. Mr" Trusty concurred with Councilrnember Gray's concern in allowing the required on-site water retention offsite and within the City right-of-way. Mr. Forsyth asked who would be responsitrle for maintaining the detention pond should it be permitted in the right-of-way and expressed the willingness to maintain the property. He reiterated the shallow depth of the propes causes issues with providing aclequate spacing f'or both delivery truck access and detention ponds. Discussion resumed regarding possible water storage solutions including piping the water to other undeveloped lots, locating part of the water storage on the City-owned landscaping to the rear of Eagle Mountain City Council Meeting - July 7,2t20 Fage 14 of l7 the property, permitting partial water detention on the southem portion of the right-of-way not needed for a future road expansion, concems regarding potential future City needs that would utilize more of the right-of-way, the payment of a bond to permit use of the right-of-way to offset potential future costs to the City, and worst case scenarios of future costs and infrastructure requirements for the City should the water storage be permitted and then removed from the right- of-way. Mr. Trusty stated the grading could facilitate locating adequate water storage on the southern portion of the property. Mr. Forsyth requested the Ciry Council approve the site plan, excluding the detention pond, to allow him to meet his deadlines. The project is behind schedule as he had not been aware of the conditional use permit requirement. Discussion ensued regarding concems with approving the site plan, excluding the storm drain plan, and whether to allow the storm drain plan to be approved by staff or return to the City Council for consideration. Mr. Cook recommended tabling the storm drain portion of the project. Mr. Trusty recommended requiring the water storage to be located on-site to penrrit the applieant latitude in exploring water storage solutions. Councilmembers Clark and Curtis requested the applicant not consider locating water storage in the City-owned entryway landscaping south of the property. Councilmember Curtis stated the City was aware that the commercial lots were shallow and knew issues would arise during development of the property. He expressed willingness to pennit a portion of the water storage to be located within the City right-oÊway, due to the limitations caused by the depth of the property, while still minimizing future concerns for the City. Councilmember Burnham stated she did not object to water storage in the City-owned entryway landscaping but preferred that detention pond storage be located on-site. Mr. Forsyth stated permitting the application to move.forward would allow him to meet the terms of his lease, and if he is unable to determine a workable, on-site storage solution, he will retum to the Council for further discussion. REPLACEMENT MOTIONz Councìlmember Burnham moved to approve the Dollar Tree síte plan wíth followìng condítìons : 1. Drøìnøge ønd water storøge shall be located on the øpplícant's property; 2. The øpplícønt shøll meet the líghtíng standards ín EMMC 17.56 und present ø eompliant líghting pløn wíth øn wpdøted lumen count to Cíty Council; ønd 3" The øpplícønt shall work with staff and the City Councíl on nn øgreement to øllow ríght-of-wøy monument sìgnage representíng multìple busíness ìn the commercial development. Eagle Mountain City Council Meeting - July 7,2020 Page l5 of 17 Councílmember CurtÍs seconded the motíon. Those votíng øye: Donna Burnhøm, Melíssa Clark, Colby Curtís, Jared Grøy, and Cørolyn Love. The motíon pøssed with ø unanímous vote. 15"8" SITE t']LAN - 7-Eleven Mr" Hadley presented the item. The building is 4,067 square feet and the proposed design uses different and acceptable materials and is consistent with surrounding buildings in the development. The project provides the required 20 regular parking stalls and 1 ADA stall. The landscaping plan exceeds the number of required trees and turf and will be maintained by 7-Eleven. The required headlight screening will be a combination of berming and vegetation. The current sign proposal does not meet City standards. The Planning Commission recommended approval to City Council with the following conditions: all landscaping shall be improved up to Pony Express Parkway with a mixture of plants and rock, the signage shall comply with Municipal Code requirements, and all lighting shall comply with the dark sþ lighting ordinance" Mr. Forsyth verified his willingness to relocate the vent to the northwest comer of the property Discussion ensued debating whether inøeasing the height or distance from residents of the vent would best mitigate health concerns. Long-Range Planning Manager Pete Kane said environmental scientist Sean Warner with the Underground Storage Tank Section of the Department of Environmental Quality at the Department of Environmental Response and Remediation had infonned him that the Petroleum Equipment Institute's recommendation and guidelines stipulate to locate the vent as far away from residential property lines or as high as possible, and Mr. rùy'amer had not indicated an increase in height or distance as preferential. Discussion ensued clariffing the vent height as 12 feet and the canopy height as 17 feet 6 inches. Locating the vent in the canopy would provide a height increase of 5 feet 6 inches. Locating the vent in the northwest comer of the properfy would increase the distance from the residential property by approximately 50 feet" Councilmember Curtis stated his preference to locate the vent in the northwest comer. Mr. Forsyth agreed to employ his best efforts to complete the block wall at the rear of the property before winter.

Councílmember Curtís moved to øpprove the 7-Eleven síte pløn with the followíng condìtíons: 1. AII løndscøpíng shall be improved up to Pony Express Pørkwøy wìth a mixture of plants ønd rock; 2. Sígnage shøll comply wíth Munícípnl Code reqaírements; 3. All lightíng shall comply wíth the durk sky líghtíng ordínønce; 4. The detentíon pond shøll be locøted within the property; 5. The applícunt shall use reøsonøble best effarts to complete the rear block wøll extension beþre wínter; ønd 6. The vent shøll be locøted ìn the førthest poïnt possible on the northwest cotner of the property. Councílmember Burnham seconded the motion. Those votíng øye: Donna Burnham, Melßsa Clark, Colby Curtís, Jøred Grøy, ønd Carolyn Love" The motíon pøssed wíth u unønímous vote. I9. CITYCO{JNCII/MAYOR'SBUSINESS None. 20. CITY COIINCII,IIOARD T-,IAISON REPORT'S Councilmember Clark Councilmember Clark said Be Ready Eagle Mountain will hold a meeting to discuss preparation for and the prevention of fires on Thursday, July 9, 2020 at 7:00 p.m. at City Hall, in accordance with social distancing guidelines. She encouraged residents to view and use emergency response and preparedness resources available on the City website. 21. COMMUNICA'I'IONI'I'EMS 22. ADJOURNMENT

Councìlmember Grøy moved to ødjourn the meetíng øt 9:30 p"m. Councílmember CurtÍs seconded the motíon. Thase votíng aye: Donna Burnham, Melìssø Clark, Colby Curtís, Jøred Grøy, ønd Cørolyn Love. The motíon pøssed wíth ø unønímous vote.