Eagle Mountain City Council, 2 February 2021

Councilmember Love moved to appoínt Corbin Wade to the Cemetery Advßory Board for a one-year term. Councilmember Clark seconded the motion. Those votíng øye: Donna Burnham, Melíssø Clark, Colby Curtis, Jared Gray, ønd Carolyn Love. The motion passed with a unønímous vote. 9.8. Military and Veterans Advisory Board

Councilmember Curtß moved to øppoint Brett Edwards to the Military and Veterans Advßory Boørd for a three-yeør term. Councilmember Gray seconded the motíon. Those votìng aye: Donna Burnham, Melßsø CIørk, Colby Curtß, Jared Grøy, and Carolyn Love. The motíon passed wíth ø unønímous vote.

Councílmember Curtß moved to appoínt Jason Høskell to the Mílítøry ønd Veterans Advisory Boørdfor a one-yeur term- Councilmember Gray seconded the motion. Those votíng øye: Donna Burnham, Melßsa Clørk, Colby Curtís, Jøred Gray, ønd Carolyn Love. The motíon pøssed wìth a unønimous vote.

Councílmember Curtß moved to appoint Jonothan Love to the Military Veterøns and Advísory Board for ø one-year term. Councilmember Gray seconded the motion. Those voting aye: Donnø Burnham, Melíssø Clark, Colby Curtß, Jøred Grøy, and Carolyn Love. The motion passed wíth ø unanimous vote. 9.C. Parks and Recreation Advisory Board

Councilmember Clark moved to appoínt Bettina Cømeron to the Pørks ønd Recreatíon Advßory Board for ø three-year term. Councilmember Curtís seconded the motion. Those voting aye: Donna Burnham, Melissu Clørk, Colby Curtis, Jøred Grøy, and Carolyn Love. The motíon passed wíth ø unanimous vote.

Councilmember Clsrk moved to øppoínt Michael Johnson to the Parks ønd Recreatíon Advísory Boørdfor a three-year term- Councilmember Burnham seconded the motíon. Those voting aye: Donna Burnhøm, Melissa Clark, Colby Cartis, Jared Gray, and Cørolyn Love. The motion pøssed wíth a unanimous vote.

Councilmember Clark moved to øppoínt Craig Morris to the Parks ønd Recrestion Advisory Board for ø three-year term- Councílmember Love seconded the motion. Those voting øye: Donna Burnham, Melíssa Clørk, Colby Curtß, Jared Gray, ønd Cørolyn Love. The motíon pøssed with a ananímous vote. 9.D. Youth Council Advisor

Councìlmember Gray moved to øppoint Tyler Shimakonis as ø Youth Council Advísor completing the term throagh June 2021. Councilmember Clark seconded the motíon. Those voting aye: Donna Burnhøm, Melissu Clørk, Colby Curtis, Jøred Grøy, and Cørolyn Love. The motìon passed with a unønimous vote.

Councilmember Gray moved to øppoint Jennder Shimakonís as a Youth Council Advisor completing the term through June 2021. Councílmember Clark seconded the motíon. Those voting aye: Donna Burnham, Melissø Clørk, Colby Curtis, Jared Gray, ønd Cørolyn Love. The motion pøssed with ø unønimous vote. CONSENT AGENDA l0 AUDIT 10.4. FY 2020 Audit - Acceptance of the 2020 Fiscal Year Audit - Ron Stewart 11. BOND RELEASES l.A, I T'he Towns at Brylee Farms Phase B, Plat I - Into Warranty Eagle Mountain City Council Meeting - February 2,2021 Page l0 of 16 11.8. Sunset Ridge Phase A, Plat 6 - Out of Warranty t2. CHANGE ORDERS 12.A. Master Transportation Plan Change Order #1 - Horrocks Engineers 12.8. Water Model Rebuild Change Order #1 - Psomas 13. MINUTES 13.4. January 19,2021_- Regular City Council Meeting

Councilmember Curtis moved to approve the consent agenda. Councilmember Clark seconded the motion. Those votíng aye: Donna Burnham, Melíssa Clørk, Colby Curtís, Jøred Gray, ønd Carolyn Love. The motion passed with ø unanimous vote. SCHEDULED ITEMS 14. ORDINANCES/PUBLICHEARINGS 14.A. ORDINANCE/PUBLIC HEARING-An Ordinance of Eagle Mountain City, Utåh, Arnending the Eagle Mountain Municipal Code, Enacting Chapter 17 "49 Wildlife Corridor Overlay Zone- Planning Manager Pete Kane presented the item. The Eagle Mountain General Plan includes several key initiatives, goals, and strategies in order to create the community residents desire and appreciate. One such strategy is to "preserve wildlife migration routes and habitat, where possible." This strategy, included in the Meaningful Open Space and Amenities initiative, is outlined as part of the goal to preserve Eagle Mountain's scenic beauty, vistas, and wildlife habitat. The proposed amendment establishes the purpose of the overlay, restrictions and requirements for the corridor, and methods of further protection. Upon adoption of the Municipal Code amendment, staff will work with property owners to establish and request rezoning of properties to apply the overlay zone and create a continuous migration and habitat corridor through the City. The standards provide support for and methods by which to preserve wildlife migration routes and habitat in and through Eagle Mountain City. During the City Council work session on January 19,2021, the Council discussed the incorporation of language in EMMC 17.49"090(C) to limit the negative impact of recreation vehicles within the corridor. The proposed Municipal Code amendment includes the revised language. The Council can also include an amendment to EMMC 17.49.070(AX3) to, "Developer may transfer buildable density from overlay zone areas to other areas within the same project to development when the significant buildable property is made unbuildable by this overlay zone, as approved on a case-by- case basis by the City Council." Eagle Mountain City Council Meeting - February 2,2021 Page l1 of16 Mr. Kane expressed appreciation to those who helped initiate, support, and provide guidance, data, and comments on the proposed amendment, including Mayor Westmoreland, the Planning Commission, the City Council, the Eagle Mountain Nature and Wildlife Alliance resident group, the Utah Division of Wildlife Resources, and the U.S. Bureau of Land Management. Mayor Westmoreland noted that the creation of the Municipal Code standards for the overlay is the hrst step to create a mechanism for future land designations. He thanked the landowners that have been open to seeing this item move forward, and he noted that the overlay would not be possible without landowner support. Councilmember Clark requested staff contact Utah County regarding the plans for the unincorporated County property within the proposed wildlife corridor. Councilmember Curtis expressed concern regarding the proposed language indicting OHV restriction in the naffow points of the corridor that include motorbike, OHV, and all-terrain vehicle (ATV) access points for areas such as Hidden Valley and Turtle Hill. He desires for the standards to permit crossing the corridor year-round to provide for OHV and ATV access to recreational areas in the City, balancing wildlife protection and resident recreation. Councilmember Love advocated for the standards to only prohibit the use of recreational OHV vehicles during the migration season to allow farming and other purposes year-round. Councilmember Clark stated that the Planning Commission discussion included concerns regarding enforcement particularly on areas that are located on private property. She asked if the City has the ability to limit activities on private land. Mayor Westmoreland stated that motorized vehicle prohibition on bike trails primarily relies on self-govemance; however, the Sheriff Department is authorized to ensure enforcement, if necessary. He acknowledged that use conflicts are likely to arise and suggested that signage could indicate proper usage. Discussions with the impacted interest groups could assist with determining and resolving noncomplimentary usage concerns and issues. Councilmember Clark stated that the Planning Commission's recommendation to change the verbiage from "prohibit" to "regulate" OHV use allows for some leniency and suggested signage to inform the public of regulations. She inquired how such issues are addressed in State and National parks. Shane Hill with the Utah Division of Wildlife Resources (DüfR) stated that most State land they manage has prohibitions of motorized recreation other than in association with hunting. One of their properties has seasonal closing for mountain biking due to wildlife activity. Mayor Westmoreland opened public comment at 8: 16 p.m. Ms. Kofoed stated that the City received emails expressing support for the wildlife corridor from the following people: Anjanel Larsen, Barbara MacDonald, Bettina Cameron, Cameron Jensen, Christopher Loch, Craig Whiting, Curtis MacDonald, Daniel Cockayne, Delin Anderson, DeNae Anderson, Denise Hickman, Elinor Bryant, Haley May, Heather Fausett, Heather Swanger, Jacinda Montano, John Orgill, Kandi Scattolon, Kate Bullock, Kathleen Densley, Lisa Miller, Maria Schleicher, Mark Lindsay, Mary Kunz, Melissa Browning, Michael Innocenti, Misti Isham, Morgan Hagey, Nicole Lawson-Call, Nicole Lopez, Patricia Sagastume, Riley Peck, Robert Burgon, Shawn Herrera, Susan Benson, Suzanne Lindsay, Tina Hollingshead, and Whitney Yizcarca. Mr. Hill expressed appreciation for the efforts of City staff, the Mayor, and tenacious residents in preparing the proposal. The DWR supports the creation of the Wildlife Corridor Overlay Zone.He explained that the wildlife corridor will benef,rt both the wildlife and the residents by reducing conflicts such as vehicle collisions, destruction of property, and dangerous interactions. DWR biologists usually attempt to resolve such conflicts in a reactionary capacity. The preservation of a contiguous wildlife habitat is a proactive, preventative measure. He believes that Eagle Mountain is setting an example that other cities in the nation will hopefully follow. He expressed the commitment of the DWR to support conservation efforts in Eagle Mountain. The DWR has partnered with groups including the Bureau of Land Management, The Mule Deer Foundation, biologists, and volunteers to study wildlife movements in Cedar Valley. They have received public grant funding to install wildlife fencing with escape ramps along V/ride Memorial Highway, enhance wildlife detection equipment to reduce vehicle collisions, and to enhance and beautiff the landscape by replacing invasive weeds with native shrubs, grasses, and trees in the corridor to encourage wildlife use. The approval of the overlay will increase the ability to apply for and receive grants to assist with wildlife preservation efforts. Ms. Cameron co-founder of the Eagle Mountain Nature and Wildlife Alliance recognized the following members of the wildlife hobbyist group: Marian Burningham, Kevin Burningham, Shon Reed, Jen Whelp, and Trista Torson. She recognizedthe liaison contributions of Craig Whiting for assisting the group with real estate concerns and Mike Kieffer for posting articles about the group on his blog. She said that the overlay would not impact existing trails and only prohibits the construction of new trails in the narrow portions of the corridor. She suggested amending EMMC 17.49.090(C) to include "and private landowner use," to permit property owners to use OHVs on their land year-round. She clarified their intention is to restrict recreational use during migration seasons. She expressed appreciation for previous City standards and efforts that assist with making the conidor a possibility and recognized State officials and government agencies that have supported the corridor efforts. The wildlife corridor will provide additional educational, recreational, and funding opportunities. She said the decision of the City Council regarding certain topics are crucial for the success of the corridor and noted the materials submitted by their group with their recommendations to include in the approval. Mayor Westmoreland closed public comment at 8:32 p.m. Councilmember Curtis noted that all parties involved desire to promote conservation efforts within the City; however, they might disagree on some of the details. He said that he had been clear from the beginning of discussions regarding the wildlife corridor, that although he supports the corridor creation, he is against density transfer as a method for securing land for the overlay. Eagle Mountain City Council Meeting - February 2,2021 Page l3 of16 Councilmember Gray inquired if grant funds for the projects along Wride Memorial Highway could be used to purchase land in the corridor. Mr. Hill stated that the current grant funding has been fully allocated to existing projects. He reiterated the approval of the overlay would qualiff the City to be able to apply for applicable conservation grant funding. Mayor Vy'estmoreland stated that it appears all parties are in agreement that density transfer is the least desirable method to utilize for obtaining land for the overlay and would only be considered if other avenues proved unviable. Councilmember Gray expressed concern regarding restricting OHV use on existing trails. Rather than prohibit OHV usage during migration season, he suggested the installation of signage to require reduced speeds where trails cross the corridor. Councilmember Curtis stated that etiquette dictates that OHV use should be limited to trails, but the requirement should also be codified for all areas in the City. He recommended allowing recreational use of the corridor on established trails, including trail crossings during migratory seasons. Councilmember Love suggested amending EMMC 17.49.090(C) to include the verbiage proposed in Ms. Cameron's email to the City Council, "No recreational vehicles, such as Off-Highway Vehicles (OHVs), shall be allowed in the corridor during the mule deer migration season, except for corridor maintenance and private landowner use. No new off-road vehicle trails will be constructed where the corridor is at its minimum width to minimize recreational vehicles'negative impacts." Councilmember Burnham noted that EMMC 17.49.090(B) regarding sensitive areas may make Section 17 .49.090(C) superfluous. Ms. Cameron noted that grant funding to purchase land within the proposed overlay is not guaranteed and privately owned land with vested rights within the proposed corridor represents millions of dollars of property. She requested the Council consider the future development of the City when making decisions regarding corridor usage and funding options. Discussion ensued regarding OHV usage and corridor crossing allowance, debating and clariffing the desired verbiage to include in the proposed amendment. Councilmember Curtis reconìmended removing the section containing language regarding density transfer. Councilmember Burnham suggested retaining the section and amending the verbiage to indicate that the City may utilize other tools to aid in the application of the overlay on a case-by-case basis without speciff ing density transfer. Councilmember Clark concurred with Councilmember Burnham's recommendation. Eagle Mountain City Council Meeting - February 2,2027 Page 14 of l6 Discussion ensued clarifying and determining the desired language for the changes to the amendment.

Councilmember Burnham moved to approve øn ordinance of Eagle Mountøín, Cíty, Utøh, ømending the Eagle Mountain Municípal Code, enacting Chøpter 17.49 Wíldlìfe Corridor Overløy Zone wíth the followíng chønges: 1. Replace Sectíon 17.49.070(4(3) wìth "The City may utílíze other tools to aid in the application of the overlay zone on property, as øpproved on a case-by-cøse bøsß by the City CouncÍl;" and 2. Repløce Section 17.49.090(C) with "No recreational vehicles, such as off-highwøy vehicles (OHVs), shøll be øllowed ín the corrídor duríng the mule deer mígrøtíon season, exceptfor corrídor møíntenønce and prívate lsndowner use. No new off-roød vehicle trøils wíll be constructed where the conìdor is st its minìmum width to minímíze recreøtional vehícles' negative ímpøcts. Recreøtional vehicles are permitted to cross the conidor on establíshed trøils yeur-round" Councilmember Clark seconded the motíon. Those voting aye: Donna Burnhøm, Melßsø Clark, Colby Curtis, Jøred Grøy, ønd Carolyn Love. The motion passed wíth ø unanimous vote. Mr. Kane verified that the City will generally initiate the application of the Wildlife Corridor Overlay zone on properties and would inform the impacted property owners to begin negotiations. 14.8. ORDINANCE/PUBLIC IIEARING -- An Ordinance of Eagle Mountain City, Utah, Amending the Land Use Element of the General Plan and Rezoning Certain Lands known as Brylee North. This item was removedfrom the ogenda at the request of the applicant. 15. CTTY COUNCTL/MAYOR'S BUSINESS None. 16. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Curtis Councilmember Curtis stated he will provide Councilmember Gray with information regarding the library boxes project in conjunction with the Eagle Mountain Arts Alliance; the City Attorney will review the agreement. Councilmember Love Councilmember Love verified that she has been receiving invitations to the Eagle Mountain Chamber of Commerce events and will contact Councilmember Curtis with any follow up questions. Eagle Mountain City Council Meeting - February 2,2021 Page l5 of 16 Councilmember Gray Councilmember Gray asked about the City's plans for Pony Express Days Councilmember Clark Councilmember Clark asked who she needed to contact regarding the Parks and Recreation Advisory Board meetings. Ms. Kofoed stated she has been in contact with Mike Johnson to set an agenda. City Administrator Paul Jerome stated that staff is exploring options for Pony Express Days depending upon future conditions and State guidelines. 17. COMMI.INICATIONITEMS 17.4. Upcoming Agenda Items 18. ADJOURNMENT

Councílmember Gray moved to ødjourn the meeting at 9:23 p.m. Councilmember Clørk seconded the motion. Those votíng aye: Donnø Burnham, Melisss Clark, Colby CurtÍs, Jared Grøy, ønd Carolyn Love. The motion pøssed with ø unanimous vote.