Eagle Mountain City Council, 21 July 2020

Councílmember Curtß moved to øpprove the consent agendø. Councìlmember Clark seconded the motion. Those votíng øye: Donna Burnham, Melßsa Clørk, Colby Curtís, Jared Grøy, ønd Cørolyn Love. The motíon passed with ø unønímous vote. SCHEDULED ITEMS 12. ORDINANCES/PIJBLIC HEARTNGS 12.4. ORDTNANCE/PUBLIC HEARING * An C)rdinance of Eagle Mountain City, Utah, Approving the First Amendment to the Fiscal Year 2020-2021Budget. Mr. Jerome reviewed the details presented during work session. Councilmember Curtis requested clarification regarding the approval of the human resource software budget amendment. Mr. Jerome explained when the budget amendment was added to the agenda, he believed the software contract was scheduled for this meeting. He was later informed the contract is still undergoing legal review, which delayed the inclusion of the item on the agenda for this meeting. Where the budget amount and basic terms of the contract are known by the City Council and staff desires to move forward with the project due to the myriad benefits of the software to employees, Mr. Jerome determined to retain the item in the budget amendment. He cited examples of the inclusion of items in the overall budgeting process before the finalization of contracts. Eagle Mountain City Council Meeting - Iuly 21,2020 Page 13 of2l Ms. Kofoed explained the contract would usually not require Council approval since it was under $40,000; however, the item was brought forward because it had not been budgeted. She stated the contract does not need to return to the City Council for approval, but the Council may request to see it, if desired. Councilmember Curtis inquired regarding the term of the contract. City Attorney Jeremy Cook verified the term of the contract is one year. Mayor Il'estmoreland opened the public hearing at 7:42 p.m. No comments were submitted to the City Recorder's Office and no public was in attendance to make commenL As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Curtß moved to approve an Ardinønce of Eagle Mountøìn CÍty, Utah, approvíng the Fírst Amendment to the Físcal Year 2020-2021 Budget. Councílmember Burnham seconded the motíon. Those voting øye: Donna Burnhøm, Melìssø Clark, Colby Curtís, Jøred Gray, ønd Carolyn Love. The motíon pøssed wíth a unanimous vote. 12.8. ORDINANCR/PIIBLIC HEARING - An Ordinance of Eagle Mountain City, lJtah, Rezclning the Marketplace at bagle Mountain Town Center Property to a Mix ol' Commercial Community, MFl, and MF2" Councilmember Gray suggested reviewing the rezone once a site plan returns to the City Council. Councilmember Clark stated that the council had discussed the possibility of a rezone with a commercial trigger and polled her fellow council members to see if they were willing to consider changing the requested residential to RC and MFl to reduce density from what was requested by the applicant. Discussion ensued. She expressed concem regarding the difficulty in visualizing the density without a site plan. Councilmember Bumham stated her preference to require a maximum unit number rather than a density limitation to allow some product type flexibility for the developer; however, she was unsure of the desired unit number to require. Councilmember Love expressed her willingness to support either method to reduce the maximum allowable density and discussed number unit projections per the various zone density standards. Councilmember Curtis expressed concern regarding requiring a number of units due to the potential for the geographical limitations of the property requiring setback and lot sizing adjustments to achieve the maximum number of permitted units. He advocated for stipulating a unit number and the desired zone designation. Discussion ensued regarding the preferred zone designation, unit number limitations and product design standards permitted in the multifamily zones, commercial development completion triggers prior to permitting residential development, concerns reducing the density with zoning through limiting the number of units may result in a reduction in open space, concern regarding the high Eagle Mountain CiS Council Meeting -July 21,2020 Page 14 of2l density allowed in the Multifamily 2 (MF2) Zone, and concern the applicant will maximize the allowable density permitted in the zone designation. Mr. Cook stated a master development agreement (MDA) is necessary to include a developmental trigger requirement and requested direction to ensure the elements that are desired by the Council are included in the agreement. The City Council directed staff to include a development trigger requirement,zorre designation, maximum number of units, and an expiration date in the MDA. Mr. Cook recommended the inclusion of additional details in the development agreement such as conditioning housing types by location, if desired by the Council" Councilmember Clark and Bumham recommended making the rezone approval contingent upon an approved MDA. Councilmember Burnham advocated for balancing the responsibility of the Council to ensure amenable terms in the contract with consideration of time constraints in order to move the project forward within the preferred construction window of the anchor grocery store. Discussion ensued regarding average and maximum zone density allowances in relation to lot size requirements. Councilmember Gray expressed concems that the applicant may not be amenable to the terms desired by the Council. Discussion ensued regarding options to balance City and developer needs. Councilmember Curtis expressed his preference to approve rezone and site plan applications independently. Couneilmember Clark asked if the rezone approval could be contingent upon the approval of the MDA and the site plan. Mr. Cook stated the MDA could include examples of housing substantially similar to the product desired by the Council" Discussion ensued regarding product types perrnitted in the zonee desired and undesirable product types, and maximum density allowance. Councilmember Gray expressed concern regarding the undeveloped land along the northem edge of the property. Councilmember Burnham stated the forty-foot wide buffer had been intended for trail and open space by the original developer. Mr. Mumford clarified the property is Ciff-owned and the City could require the development of the land as part of the open space improvements. The Councilmembers debated concerns regarding zone designation preferences in relation to maximum density and desired product Wpes, and the potential for density transfer should a portion of the property be sold or donated. Councilmember Bumham recommended including a provision to prohibit density transfers in the MDA. Applicant representative Bill Gaskill stated his preference to return to Council with a site plan and stated he cannot move forward with the commercial projects until an agreement is reached regarding the residential properties. He expressed his desire to produce a plan amenable to all Eagle Mountain City Council Meeting - Iuly 21,2020 Page l5 of2l parties and concurred a master site plan would be beneficial. He reiterated that the Planning Commission had tabled the master site plan until the City Council approved the rezone application and requested direction on how to best move forward, due to the City Council requesting to see the master site plan before approving the rezone application. Mayor Westmoreland opened the public hearing at 8:24 p.m" Thefollowing public comments were submitted via email and were read during the meeting. Verle Patterson: "Looking at the Master Site Plan I see a retail/commercial plot east of the Autumn Ridge Subdivision north of PAD "L" Tire store. Between plots 23 and24 there is a CiS easement for drainage that runs directly into the proposed parking lots for the said Retail/commercial plot. It was my understanding that this easement was also to be used as an access to the trail system and access to future developments to the east. The Master site plan does not address this access. I am especially concerned because I own the plot directly north of this easement #24." Mr. Gaskill stated he had been unaware the area lvas a trail easement until informed by staff. He stated he intended to preserve a storm drain line under the area and expressed his willingness to install a trail on the easement and connect the trail to the trail system. Mayor V/estmoreland directed staff to include the trail installation with the master site plan and preliminary plat to be reviewed by the Planning Commission. Kathy Bitter "The City currently has the parcel listed as Commercial. To hold to an expired MDA is not only wrong, it will cause problems in the future. V/ith many other properties as well. Please respect the City and recognizethat the rezone is required, not simply requested. I live in the Eagle Park subdivision, just north of the parcel. lVhile having commercial close to home may be nice, I think having Multi-Family housing, especially of the listed densities, is a bad move. Our homes on Osprey have a field behind them" To develop is expected, but putting in 40 units is too much. Please keep the MFI portion as single family homes, not high density. The MF2 portion is also too dense for our area. Adding approximately 80 more units in 4 acres, who will be using our streets for travel acoess, school access, park access, etc. will put a burden on the homes that live on the thoroughfares, like me. I think a gradual shift is wa:ranted, but our homes arc .2-.3 acre lots. If the MFI area is made single family homes, with smaller lots, then the MF2 arca, with the divider road is made MFl, with a limit to townhomes, not 3 story condos, it would be a nice shift, provide some residential, and create a buffer to the commercial areas"" Mayor Westmoreland closed the public hearing at 8:30 p.m. Mr. Gaskill stated his preference to return to the City Council with a site plan rather than agreeing to rezone to a zone that will limit the product type for the development. Mr. Mumford expressed concem regarding the recommendation for the applicant to return with a site plan prior to the City Council approving the rezone application due to the Planning Commission tabling the master site plan until the City Council approved the rezone application. He asked if the site plan could instead only return to the City Council as a concept plan as apart of the MDA for the rezone approval. Eagle Mountain City Council Meeting - JuIy 21,2A20 Page l6 of2l Mr. Cook stated the master development agreement could include an exhibit of the proposed multifamily development; however, a site plan needs to also go to the Planning Commission. Discussion ensued regarding the approval process timeline, motion approval options, and granted rights with plan approvals. Mr. Cook recommended tabling the item to allow time to work with the applicant and bring an updated plan back to the City Council. An updated site plan will return to the Planning Commission for review. Mr. Gaskill reiterated he is unable to move forward on the commercial portion of the project until the residential development issues are resolved and concurred with tabling the item. Discussion ensued regarding concerns with developers converting commercial development to residential in the past, but only completing the residential portion.

Councìlmember Love moved to tøble an Ordínance of Eøgle Moantaín Cíty, Utah, rezoníng the Marketplace øt Eagle Mountain Town Center property to a míx of, Commercíøl Community, Multífømìly 1, ønd Multífømily 2 untíl a møster development agreement, íncluding an exhibít of a sample síte plan of the resídentíøl portion of the development, ís submítted to the Cíty Council. Councilmember Gray seconded the matìon. Those voting aye: Donna Burnham, Melissa Clark, Colby Curîß, Jøred Grøy, and Cørolyn Love. The motion pøssed wíth ø anønímous vote, 12"C" ORDINANCEiPLIBLIC ï-IEARING --An C)rdinance of Eagle Mountain City, lJtah, Designating Certain Areas of the Sweetwater Industrial Park Under the Sweetwater lndustrial Overlay 7-,ane. Mr. Mumford reviewed the details presented during work session" Councilmember Love verified that approving the Sweetwater Industrial Overlay Zone for Lot I only would permit the applicant to move forward with the LBiSat project. Mr. Mumford explained the desired use for satellite communication towers is an allowed use in the Sweetwater Industrial Overlay Zone and is a special use in the LMD Zone; all special uses are designated as prohibited until use standards are developed and approved. The difficulty in rezoning the entire property to the LMD Zone is that the applicant has not requested the LMD Zone, nor has he been able to review the LMD Zone standards to determine if the zone was appropriate for his needs. Mr. Cook advocated against rezoning the entire property to the LMD Zone, as the applicant has not had time to review the zone, and said if the Council does not wish to delay the application, the best course forward is to approve the LMD Zone and the Sweetwater Industrial Overlay for Lot I and to table the rest of the application. He explained the City Council may approve the master site Eagle Mountain Ciff Council Meeting - July 21,2020 Page 17 of2l plan and preliminary plat prior to the rezone application, as it is still subject to zoning and does not approve any uses. Mayor IV'estmorelønd opened the public hearing at 8:56 p.m. No comments were submitted to the City Recorder's Afiìce and no public was in attendance to make comment. As there were no comments, Mayor Westmoreland closed the hearing. Applicant representative Scot Hazard stated the approval of the Sweetwater Industrial Overlay on Lot 1 is beneficial and will allow the project to move forward. He said the LMD Zone appears to address his needs and requested to discuss it further with staff to ensure the zone allows his desired uses, once the standards are defined, before approving the LMD Zone for the remainder of the property. Councilmember Curtis expressed his willingness to work with the applicant and to amend the new zone as needed to address the needs of desired uses and to meet City goals.

Councílmember Curtis moved to upprove øn Ordínønce of Eøgle Mountøín I Cíty, Utah, reToníng Lot of the Sweetwater Industríal Pørk lo Líght Man ufact uríng/D ßtrib utío n w íth the Sweetwøter I ndustríal Overlay Z one for the LBìSot project, ønd to tøble the rezone for the remøinder of the property until the applicant determìnes ìf the Líght Mønuføcturìng/Dístríbutíon Zone ß ømenøble for the remaínìng property" The mntìon ìncludes the followíng condítíons: 1" Automobíle sales and/or servìces shall be ø permitted use; 2. Convenìence stores shall be ø permítted use; 3" Electronìc data management busìnesses shall be a permìtted use; 4. Laundry and dry-cleøning estøblßhments shall be prohíbíted; 5. Mønuføctared homes developments shall be prokíbíted; 6. Motels ønd hotels shall be prohíbìted; 7. Other manuføcturing busínesses shall he a permítted use; ønd 8. Restaurønts and bønks (wíth dríve-through servíceføcílíties) shall be prohìbíted, Councílmember Burnhøm seconded the motìon. Those voting aye: Donna Burnhøm, Melissø Clark, Colby Curtß, Jøred Grøy, and Cørolyn Love. The motíon passed wíth a unanímous vote. n,D. ORDINANCI1/PUIìLIC HEARING - An Ordinance of Eagle Mountain City, I-Jtah, Amending the Eagle Mountain Municipal Cocle Chapter 16.50 l.,ot [.,ine Adjustments and Chapler 16.55 Plat Amendments. Mayor ll'estmoreland opened the public hearing at 9:07 p.m" No comments were submitted to the City Recorder's Affice and no public was in attendance to make comment. As there were no comments, Mayar Westmoreland closed the hearing.

Councílmember Gray moved to øpprove øn Ordínance of Eøgle Mountaìn C¡A, Utuh, amendìng the Eøgle Mountaín Municìpal Code Chøpter 16"5A Lot Eagle Mountain City Council Meeting - July 21,2020 Page l8 of21 Line Adjustments and Chøpter 16"55 Pløt Amendments. Councílmember Love seconded the motíon. Those votìng aye: Donnø Barnham, Melßsa Clørk, Colby Curtís, Jøred Grøyn ønd Cørolyn Love" The motion passed wíth ø unanimoas vote. I3. MOTION 13..A.. MASI'ER SITE PLAN AND PRELIMINARY PLAT - Sweetwater Industrial Park Mr. Mumford reviewed the information presented during work session and explained the Future Land Use Map includes the following major roadways that impact this project: Pony Express Parkway, al22-footwide minor arterial road, on the east side; the road referred to as Tiffany Lane, a 152-foot wide major arterial road, on the north side; md a77 -foot or 94-foot north-south collector road through the project shown as 1020 East on the site plan" The master site plan indicates a dedication of 76 feet on the north, 61 feet on the east, and 77 feet along the collector road through the project. The master site plan includes Lot I and Lot 2, as well as other development areas separated by roads. A preliminary utility plan has been included with the proposal that includes public utilities, streetlights, and fire hydrant locations" Storm drainpipes are included on the utility plan, and a grading and drainage plan has also been provided. All development areas are accessible from the planned roads, and a parcel is being provided for access to the Miller and Sanderson properties in the southeast corner of the project. A traffic impact study would be difficult to perform at this stage. The City Engineer will require a traffic impact study with each site plan application, where necessary" He explained a traffic study was not required at this time due to the variance in traffic impact depending upon the desired use and a traffic study could be required in the future.

Councílmember Curtß moved to øpprove the Sweetwøter Industriøl Park master síte pløn and prelímínøry plat wíth thefollowíng condìtions: 1. An øppropríate landscøping plan for the park stríps throaghout the developmentn ìncludíng sÍreet trees ønd consßtent landscaping, shall be submítted; medìans øre not requíred adjacent to the north on Tfffany Lane and the east on Pony Express Parkwøy; and 2. A møster development pløn shall not be required (EMMC 16.10.ßq. Councílmember Burnhøm seconded the motìon. Those votíng øye: Donna Burnhum, Melßsø Clark, Colby Curtis, Jared Grøy, ønd Carolyn Love. The motìon passed wíth u unsnìmous vote" 14. MO'I'I0N I4.4. SII]E P[,AN _ I,BISAt Mr. Mumford reviewed the item presented during work session. Applicant Rodger M. Lyman described the appearance and planned layout for the satellite antennas and explained that larger antennas use less power and generate more revenue. The largest antennas will be approximately nine meters in diameter, are not high off the ground, and will face south to southwest. Councilmember Love verified the satellite antennas are under the 50-foot maximum structure Sweetwater Industrial Overlay height standard. Councilmember Clark asked if the satellites will interfere with Ham radios" Mr. Lyman stated the antennas are required to receive Federal Communications Commission (FCC) approval for all communication channel use"

Councílmember Burnham moved to øpprove the LBíSø| síte plan wíth the fo llowín g eondì.tìo ns : 1" The applÍcant shall submít ø líghtíng plan thøt complíes wíth the dark sky lightíng støndards (EMMC 17.56); 2. All sígnage shøll requìre ø sígn applicøtion and permit; 3. The trøsh enclosure shøll be screened for the publíc street ønd desígned wíth the søme archítectaral møteriøls os the buíldíng; ønd 4" The buìldíng ørtÍculøtíon design shnll be ín nceordønce wìth the updated renderíngs províded to the Cíty CoancíL" Councílmember Love seconded the motíon" Those votíng aye: Donna Burnhøm, Melìssa Clørk, Colby Curtís, Jøred Gray, and Carolyn Love. The motíon passed wíth ø unønímous vote. I5. CITYCJOUNCIL/MAYOR'SI]USINESS None. 16. CT|Y COTJNCII-, BOARÐ LIAISON R-IJI}OKTS Councilmember Clark Councilmember Clark stated that approximately 12 people attended the Be Ready Eagle Mountain meeting and discussed fire safety and prevention. She is looking forward to additional upcoming safety and prevention events. Councilmember GraJ Councilmember Gray said he is working with staff on the Parks Master Plan and park needs. He said the seniors are actively holding lunches and are maintaining communications via email. Councilmember Curtis Councilmember Curtis stated the Eagle Mountain Arts Alliance is holding story walks on V/ednesdays atNolen Park from 9:00 a.m. to 8:00 p.m. starting on July 22,2020 and ending August 12,2020. Councilmember Love Councilmember Love expressed appreciation to the Planning Commission. She said the Youth Council is on a surnmer break and she looks forward to working with them in the fall. Eagle Mountain Ciff Council Meeting - Iuly 21,202A Page20 of2l Councilmember Burnham Councilmember Burnham said that she and Senior Management Analyst Evan Berrett are working with the Utah Transit Authority and Mountainland Association of Govemments on a traffic study consultant selection committee. She said the library expansion is underway. 17. COMMUNICATTONI'I'EIVIS l7.A" Financial Report 17 "8" Upcoming Agenda Items 18. ADJOIJRNMENT

Councìlmember Grøy moved to ødjourn the meetíng øt g:33 p.m. Councílmember Curtís seconded the motíon. Those votíng aye: Donna Burnham, Melßsa Clark, Colby Curtß, Jared Gray, and Cørolyn Love. The motíon passed with ø unanimous vote"