Eagle Mountain City Council, 19 January 2021

Councílmember Clørk movedto approve the consent agenda. Councilmember Curtß seconded the motíon. Those votíng øye: Donnø Burnham, Melissa Clark, Colby Curtß, Jøred Gray, ønd Carolyn Love. The motíon pøssed wíth a unønímous vote. SCHEDULED ITEMS 14. ORDINANCES/PUBLICHEARINGS 14.4. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Rezoning Property Located on Lake Mountain Road from Agriculture to RA2. Mr. Kane presented the item. The subject property of 4.73 acres is located near 5200 Lake Mountain Road and includes the Lake Mountain Road right-of-way. The parcel is currently zoned Agriculture. The property owner would like to build a home on the property, which would require a rezoîe to RA2, as the Agricultural zone requires a lot size of 5 acres or greater for home construction. The majority of the parcel is designated as Agriculture/Rural Density One on the General Plan, with 1.1 acres on the west side of the property designated as Parks and Open Space. An RA2 zone is appropriate in the Agriculture/Rural Density One designation; however, RA2 is not an appropriate zone for the land designated Parks and Open Space. Staff recommends this portion of the land be rezoned to Natural Open Space (OS-N). The proposed rezone is compatible with the current use of the surrounding properties. Staff has requested the property owner dedicate a 66- foot wide right-of-way to the City. The applicant discussed the division of the property with the County, and the division is not expected to increase the tax burden to the resident. The rezone is not expected to negatively impact the surrounding property values. Mr. Kane explained that the options to allow the applicant to build a home on the property include a rezoîe or a variance. A variance requires proof of hardship. The property is identified on the General Plan with Agriculture/Rural Density One which includes the RA2 zone, so it is preferable to rezone the property to allow the construction of a single-family home. Granting a variance could set a precedent for variance requests in the future. The rezone also allows the City to secure the Lake Mountain Road right-of-way. The Planning Commission held a public hearing on the rezone request on December 8,2020, and unanimously voted to recommend approval of the rezoîe to the City Council with the following conditions: 1. The 1.1 acres on the west side of the parcel shall be zoned OS-N from the western property line up to the eastern border of the PacifiCorp corridor; 2. The portion of property from the eastern border of the PacifiCorp corridor to the western edge of the proposed road dedication shall remain Agriculture and no accessory dwelling units be allowed on this portion of the property; 3. A 66-foot right-of-way shall be dedicated to the City; and 4. The remainder of the property shall be rezoned as RA2. The City Council could also retain Agriculture zoning for the western portion of the property instead of rezoning it to OS-N, as the Agriculture zoîe is appropriate for the open space land use designation. This prevents a small parcel of OS-N zoning, as the powerline corridor has not been rezoned to OS-N. The western parcel could then be zoned to OS-N when the powerline corridor is rezoned. The Planning Commission added a note that there may be a possible need to split the property into two lots due to the right-of-way dedication. Staff agrees with this and recommends that the property owner record aplat, going through the final plat process with staff, to establish the two lots and the road dedication. Mayor Pro Tempore Burnham opened the public hearing at 7:31 p.m. No comments were submítted to the City Recorder's Office and no public was in attendance to make comment. As there were no comments, Mayor Pro Tempore Burnham closed the hearing. Councilmember Curtis stated that his intention is for this area of the City to remain mainly five- acre lots and his consideration for alternate zoning for this lot is due to its unique situation. Mr. Kane verified that due to the RA2 zone restrictions, the applicant could only build one home on the property. An accessory apartment in conjunction with the home on the east would be allowed but would be prohibited on the western l.l-acre parcel. Mr. Kane reviewed the use limitations should the parcel be zoned to OS-N and explained that the presence of the power corridor also prohibits the construction of structures, regardless of zoning. The property would remain under the ownership of the applicant unless and until other actions are implemented by the City regarding the power corridor. Discussion ensued regarding the zoning of the property under the power corridor. Applicant Tyler V/oodward stated his willingness to adhere to either zoning recommendation for the portion of the property west of Lake Mountain Road, as he is not planning to construct any type of structure in that area.

Councílmember Curtis moved to øpprove an ordínance of Eagle Mountøìn Cíty, Utah, rezoníng property located on Lake Mountain Road from Agriculture to RA2 wíth thefollowing condítíons: 1. The 1.1 acres on the west síde of the parcel shøll be zoned OS-Nfrom the western property líne up to the eøstern border of the PacíJiCorp corridor; 2. The portíon of property from the eastern border of the PøcíJiCorp conídor to the western edge of the proposed road dedication shall remain Agriculture ønd no uccessory dwellíng uníts øre allowed on this sectíon of the property; 3. The applìcant shall dedicate ø 66-foot-wide ríght-of-way to the Cíty; 4. The remøínder of the property shøIl be rezoned to RA2; ønd 5. The øpplícant shøll go through the ftnal plat process wìth staff to record a pløt to establßh the two lots and the roød dedicatíon. Councilmember Clørk seconded the motion. Those votíng øye: Donnø Burnhøm, Melíssa Clark, Colby Curtß, Jared Grøy, ønd Carolyn Love. The motíon passed wìth a unanímous vote. 14.8. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 17.58 Historical PreservationZone. Mr. Kane presented the item. After review of other municipal codes, staff determined that a historical preservation overlay zoning designation is more appropriate than a historical preservatioÍrzoîe, as an overlay would allow properties to have an underlying zoning designation. The proposed Municipal Code amendment would incorporate language to establish an overlay zone, clarify the historical site designation process, and allow the Planning Commission to act as the Historic Preservation Board in absence of such a board. The historic preservation process begins with identification by any person of the location of a possible important historical or archaeological site in the City. An on-site evaluation will be conducted with the property owner's consent. Next, the site will be considered for addition to the local registry through a request for designation submitted to the City. The Historic Preservation Board will then hold a public meeting to evaluate the request and criteria for designation. Once a property or site is on the local registry, it is eligible for the zoning overlay. A request to rezone the property or site may then be submitted to the City. The Planning Commission will hold a public hearing on the rezone request to make a recommendation to the City Council. Finally, the City Council will hold a public hearing to take action on the rezone request. The Planning Commission held a public hearing on November 24,2020, and voted unanimously with one absentee to recommend approval of the Municipal Code amendment. Mr. Kane stated he had confirmed with the State that the City would qualiff for applicable grant opportunities should the Planning Commission act as the Historic Preservation Board in the absence ofa board. Eagle Mountain Cify Council Meeting - January 19,2021 Page 16 o123 Mayor Pro Tempore Burnham opened the public hearing at 7:46 p.m. No comments were submitted to the City Recorder's Office ønd no public was in attendance to make comment. As there were no comments, Mayor Pro Tempore Burnham closed the hearing.

Councìlmember Love moved to approve øn ordínønce of Eagle Mountaín City, Utøh, amending the Eøgle Mountain Municípal Code Chapter 17.58 Hßtorícøl Preservation Zone. Councílmember Curtis seconded the motion. Those votíng aye: Donna Burnhøm, Melßsa Clørk, Colby Curtís, Jured Grøy, and Carolyn 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, Enacting Chapter 17.63 Ridgeline Protection Overlay Zone. Mr. Kane presented the item. The Planning Commission held a discussion during the summer of 2020 as to whether the Ridgeline Protection Standards chapter should be updated. The conversation focused on the ability to better visualize and increase awareness of areas that fall under these regulations by establishing a zoning district. A zoning overlay designation was proposed as it would allow a property's existing zoning designation to carry which includes land uses, while adding the regulations of this chapter" The proposed Municipal Code amendment uses language in EMMC 17.62 Fiidgeline Protection Standards to establish the overlay zone. The amendment does not change any of the existing standards within EMMC 17.62. This allows the current standards to remain enforceable while properties undergo the rezone process to apply the overlay zone. Once the overlay zone is applied to the applicable properties, should the amendment be approved, the City can then amend Municipal Code to repeal EMMC 17.62 Ridgeline Protection Standards, as the chapter would be redundant and no longer necessary. The Planning Commission held a public hearing on the Municipal Code amendment on November 24,2020, and voted unanimously with one absentee to recommend approval of the amendment to the City Council with the condition that staff shall work with the City Attorney to incorporate language that will protect the areas that fall under the definition of "ridge" or "prominent ridge," and that "ridgeline setback" be subject to the regulations of this chapter until the rezoning process is completed and the zoning overlay added to the City's zoningmap. The Municipal Code chapter as presented in the staff report reflects the Planning Commission's request. Councilmember Gray stated he was unable to review the item prior to the meeting. As he is in attendance telephonically and unable to see the presentation, he will abstain from the vote on the item. Mayor Pro Tempore Burnham opened the public hearing at 7:51 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 Pro Tempore Burnham closed the hearing.

Councílmember Clark moved to approve an ordínance of Eagle Mountaín City, Utah, amending the Eøgle Mountøín Municipøl Code, enacfing Chapter 17.63 Rídgelíne Protection Overlay Zone. Councílmember Love seconded the motíon. Those voting aye: Donna Burnham, Melßsa Clark, Colby Curtis, and Cørolyn Love. Jared Gray abstained. The motíon catíed with ø vote of 4:0. 14.D. ORDINANCE/PUBLIC HEARING-An Ordinance of Eagle Mountain City, Utah, Approving the Third Amendment to the Fiscal Year 2020-2021 Budget. Finance Director Kimberly Ruesch presented the item and said the amendment includes adjustments to the General, Capital Projects, and Enterprise Funds. The amendment of the one- time funding increase of 54,397,542 is for four projects. The General Fund increase of $4,020 is to fund the City's share of an LED energy savings project that includes an incentive by Rocky Mountain Power that covers 75 percent of the cost of the project. The cost of the project will be recouped through energy savings over a 4-year period. An additional $15,000 is to fund an implementation change order for the Accela Software project to include additional scripting and reporting needs. The Capital Projects Fund increase of 54,318,522 is to fund the Cory B Wride Memorial Park Phase 2 contracts that were awarded at the November 15,2020 City Council Meeting. The Enterprise Fund increase of $60,000 is to fund a Water Reuse Master Plan. Mayor Pro Tempore Burnham opened the public hearing at 7:55 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 Pro Tempore Burnham closed the hearing.

Councìlmember Clørk moved to approve øn ordinance of Eagle Mountaín Cìty, Utøh, øpproving the third ømendment to the Fßcal Year 2020-2021 Budget. Councìlmember Curtß seconded the motion. Those voting aye: Donnø Burnham, Melßsa Clark, Colby Curtß, Jøred Gray, ønd Carolyn Love. The motion passed with ø unanìmous vote. 15. MASTER SITE PLAN 15.4. MOTION - Scenic Mountain Phase C Master Site Plan Mr. Kane reviewed the information presented during the Work Session. The entire Scenic Mountain development project includes just under 35 acres of land on the south side of V/ride Memorial Highway and northeast of The Ranches community. The project was granted a master development plan (MDP) and master development agreement (MDA), with the latest amended and restated agreement signed in March 2017. The MDA requires a slope transition arealnattral open space along the eastem and southeastem portions ofPhase C due to topography and to create a transition between uses. Phase C requires 1,000 square feet of open space per residential unit. The land use proposed is townhome residential for 84 units with alley-loaded garages. Based on the size of the subject property, the proposed use of townhomes, and the development occurring in three separate phases, the development requires the approval of a master site plan, which Municipal Code allows to be used as the preliminary plat. The City can choose to waive the Eagle Mountain City Council Meeting - January 19,2021 Page l8 of23 requirement for site plan applications for the individual phases based on the master site plan submission. Each separate phase will require individual final plats. The MDA divides the project into three planning areas. Planning Area liPhase A is a single-family cluster home development with the right to build up to 86 residential units with a gross density not to exceed 5.49 units/acre. The approved preliminary plat for Phase A includes 80 cluster homes on 15.65 acres. Planning Area2lPhase B is a townhome development with the right to build up to 83 townhome units with a gross density not to exceed 8.23 units/acre. The approved preliminary plat for Phase B includes 40 townhome units on 4.16 acres, reduced from the original 10.09 acres due to land acquisitions by the Utah Department of Transportation (UDOT). Planning Area 3iPhase C is the subject of this application and was preserved as a flexible use area development allowing either a commercial office/retail development, residential units under the previous Tier III-Tier IV subdivision requirements, or a combination of residential and commercial units. The Phase C acreage was reduced from 7.22 acres to 5.39 acres due to UDOT acquisitions. The original approval permitting 120 units was reduced to 89 units due to these acquisitions. The application proposes 84 units for Phase C. The MDA allows for a maximum density of the entire project of 10.15 unitslacre. The Planning Commission held a public hearing on the master site plan application on December 8, 2020, and voted 4 to I to recommend denial to the City Council of the application. The dissenting vote by Commissioner V/ells was based on her willingness to work with the applicant to resolve the raised concerns. Based on the revised plans, staff recommends the City Council make a motion to approve the master site plan with the following conditions: 1. Approval of the master site plan shall serve as approval of the preliminary plat; 2. Site plans for each of the separate phases are not required; 3. Adjacent buildings shall not have the same color palette; 4. Approved fencing for Phase C shall be used in Phase B; and 5. Each townhome's exterior mechanical equipment shall be screened from view. Councilmember Love expressed concern regarding the width of the drive lanes on Hurstbourne Drive. Mr. Kane stated that the measurement 38-foot wide width on the plan is from sidewalk edge to sidewalk edge. Applicant Representative Jason Harris stated that Hurstbourne Drive will have two 13-foot drive lanes for a total of 26 feet of drivable area excluding the width of the parallel parking stalls. Mr. Harris confirmed that they understood the staff-recommended condition for adjacent buildings to have different color palettes included for opposite buildings.

Councilmember Curtß moved to approve the Sceníc Mountøín Phøse C møster síte pløn with thefollowíng conditíons: L Approvøl of the møster síte pløn shall serve øs approvøl of the prelímínøry plat; 2. Sìte plønsfor eøch of the separøte phøses are not requìred; 3. Adjacent buíldings shøll not høve the same color palette; 4. Approvedfencingfor Phøse C shall be used ín Phase B; ønd 5. Each townhome's exteríor mechønícal equípment shøll be screened fromview. Councílmember Love seconded the motion. Those votìng aye: Donnø Burnhøm, Melßsa Clark, Colby Curtß, Jøred Gray, and Cørolyn Love. The motìon passed wíth ø unønímous vote. 16. ORDINANCE 16.4. ORDINANCE - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapters 2.05 Employees and Personnel and 2.10 Mayor, and Enacting Chapters 2.16 City Administrator and 2.27 Board Appointment Process. City Attorney Jeremy Cook said he spoke with Mayor Westmoreland during the break after the Work Session. Mayor Westmoreland has reviewed the proposed changes and said if he were present, he would vote to approve the changes. Councilmember Love recommended removing "determine and" from EMMC 2.10.020 "For each new city administrator, the city council shall determine and approve the process to hire the city administrator," as she felt it could cause confusion between the Mayor recommending a process and the City Council approving the process. Councilmember Clark advocated for retaining oodetermine and," as she felt the City Council determined whether to approve the Mayor's recommendation. Discussion ensued regarding ambiguity surrounding the intent of the City Council during the January 5,202I meeting regarding the verbiage in EMMC 2.16.020, "the mayor shall recommend to the city council a process to hire a new city administrator." The City Council determined to retain the phrase. Mr. Cook reviewed changes requested by the City Council: 1. The addition of EMMC 2.16.040 "Annual Review: At least once every calendar year, the Mayor shall review the performance of the City Administrator and recommend to the City Council any modifications to the salary or duties of the City Administrator that the Mayor determines are approp riate;" 2. EMMC 2.27.020 "Posting of Positions: Notice of all empty board positions shall be posted on the city webpage, or other method suitable to provide notice to the public, for a minimum of ten days. The notice shall include a description of the position and provide details for the submission of an application or resume for the position. The mayor shall compile and evaluate all applications or resumes for the position;" 3. EMMC 2.27 "030 "Notice to Council: Not less than five (5) days prior to publicly noticing the possible appointment of any person to an advisory board, the mayor shall provide to each member of the city council the name, and application or resume if available, of each person the mayor is considering appointing to an advisory board position. Members of the city council may individually provide the mayor with feedback or recoÍrmendations regarding each potential appointment." Councilmember Gray expressed concern regarding the requirement for an annual review. He said an annual review would result in an automatic annual raise for the City Administrator and requested the annual review include the provision for no additional action regarding the position to mitigate overpayment. Councilmember Clark advocated for the inclusion of her recommendation for the annual review as an accountability mechanism that allows for but does not prescribe modifications. Mayor Pro Tempore Bumham cited the proposed language regarding the City Administrator annual review for the benefit of Councilmember Gray who was in attendance telephonically. Mr. Cook clarified that the Mayor's recommendations based on the annual review can be denied by the City Council.

Councílmember Curtß moved to øpprove øn ordinance of Eøgle Mountain City, Utah, amending the Eagle Mountain Munícípal Code Chapters 2.05 Employees and Personnel and 2.10 Møyor, and EnactÍng Chøpters 2.16 Cíly Adminßtrator and 2.27 Boørd Appointment Process retøínìng the verbiage "the møyor shall recommend to the cíty council ø process to híre a new city udminßtrator," in EMMC 2.16.020. Councilmember Clark seconded the motíon. Those votìng øye: Donnø Burnham, Melissa Clark, Colby Curtís, Jared Grøy, and Carolyn Love. The motíon passed wíth a unønímous vote. I], MOTION 17.A. MOTION - Appointment of a City Councilmember as Mayor Pro Tempore. Mayor Pro Tempore Bumham explained the duties of the mayor pro tempore and said Mayor Westmoreland has recommended Councilmember Clark as Mayor Pro Tempore for 2021.

Councílmember Curtís moved to øppoínt Councilmember Melßsø Clørk as Mayor Pro Tempore for 2021. Councìlmember Grøy seconded the motion. Those votíng aye: Donnø Burnham, Melßsa Clark, Colby Curtß, Jøred Gray, ønd Carolyn Love. The motíon passed wíth ø unanímous vote. Councilmember Gray explained that his concerns expressed at the time of the appointment of Councilmember Burnham as Mayor Pro Tempore for 2020 was due to his belief that the City Council should select the mayor pro tempore. He clarified he did not object to Councilmember Bumham being appointed as mayor pro tempore for2020. I8. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Grav None. Councilmember Gray left the meeting at 8:28 p.m. Councilmember Clark Councilmember Clark requested that City staff compile data and examine plans for Airport Road and Eagle Mountain Boulevard. Councilmember Curtis None. Councilmember Love None. Councilmember Burnham None. 19. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Curtis Councilmember Curtis said the Eagle Mountain Arts Alliance has provided the information for City review for an agreement regarding the proposed library box program. Councilmember Love Councilmember Love stated she appreciates the work of the Planning Commission and their impact on the City. Serving as the Planning Commission liaison was useful and informative. The pandemic caused difficulties for the Youth Council and she hopes that those serving this year will serve next year to have the full experience. Councilmember Clark Councilmember Clark stated the Eagle Mountain preparedness group awards patches for certain activities and presented a patch she had received. She appreciates the efforts ofthe preparedness group and is excited to continue working with them in an unofficial capacity.An online class will be held with Dave Becar teaching family emergency communication strategies. The Communications Department plans to soon be able to post the emergency trainings on the City website. She expressed gratitude for staff and board member efforts. She is grateful for her time serving as liaison to the Cemetery Board and looks forward to working with the Parks and Recreation Advisory Board. Councilmember Burnham Councilmember Bumham thanked the Military and Veterans Advisory Board for their service and stated the board is scheduled to meet Thursday, January 2I,2021, at 7:00 p.m. She expressed appreciation to be working with the Planning Commission during her new assignment. Mayor Pro Tempore Burnham noted the following2}2l City Council liaison assignments: Councilmember Curtis: Library Board, Military and Veterans Advisory Board, and Planning Commission in a secondary capacity. Councilmember Burnham: Planning Commission and Senior Council Advisory Council Councilmember Love: Cemetery Board and Economic Development. Councilmember Clark: Parks and Recreation Advisory Board, Youth Council in a secondary capacity, and will also continue her City's emergency preparedness programs special assignment. Councilmember Gray: Eagle Mountain Arts Alliance, Pony Express Events, and Youth Council. Ms. Kofoed stated she would provide the City Council with the board applications and said board appointments should be scheduled for the next City Council meeting. 20. COMMUNICATION ITEMS 20.A. Financial Report 20.8. Upcoming Agenda Items 2l ADJOURNMENT

Councìlmember Curtís moved to ødjourn the meetíng at 8:39 p.rn Councílmember Clark seconded the motíon. Those votíng aye: Donnø Burnham, Melßsø CIørk, Colby Curtìs, and Carolyn Love. The motion passed wíth a unanímous vote.