Eagle Mountain City Council, 20 April 2021

Councilmember Clark moved to øpprove the consent agendø íncludíng the requested changes to the minutes ønd ínsurance renewal agreement as discussed duríng work sessíon und removing item 13.A. and pløcing it øs ø scheduled ítem. Councilmember Gray seconded the motion. Those voting øye: Donna Burnham, Melßsø Clark, Colby Curtís, Jared Grøy, and Cørolyn Love. The motion pøssed wíth a unønímous vote. 13. PRELIMINARY PLATS & SITE PLANS 13.4. O'Reilly Auto Parts - Site Plan This item was discussed after item I4.8. Senior Planner Tayler Jensen presented the item. He said discussion during the previous meeting touched on the elevations and focused on the buffering concerns due to the elevation differences between the site and the Oak Hollow homes. The drive aisle is 1.5 higher than the back curb of the parking lot, and five feet higher than the bottom of the wall. The Council directed the applicant to provide an adequate buffering solution. The applicant submitted a proposal to add a vinyl extension to the top of the masonry wall and provided photos of examples. Applicant representative Ryan Forsyth said he originally proposed landscaping, as he feels it provides the best solution. At the request of the Council, he explored other options that would not require excavation or installing retaining walls on the residential properties. He envisions installing the posts for the vinyl extension on the business side of the masoffy wall for a cleaner look on the residential side. He spoke with Ms. Anderson and is open to using landscaping. He contacted a supplier in Oregon that can provide six-foot arborvitae trees which would increase the height provided by the masonry wall by an additional four feet for a total of ten feet of screening. He proposed planting approximately 200 feet of evergreen trees directly south of the peninsula at the southeastern corner of the Dollar Tree parkingaîea and along the parking lot area between the Dollar Tree and O'Reilly's Auto Parts to shield the drive aisle for the four houses located adjacent to the lowest elevation of the masonry wall. The nursery recommended planting the trees every six to ten feet. Planting the trees every eight feet would require about 25 trees. He said they are still removing an additional 8,000 cubic feet of dirt which will result in a lower grade. This portion of the commercial area is the most impacted by grade changes. Discussion ensued clarifying the location and elevation of the proposed landscaping and the resulting screening. Councilmember Love expressed concern with the time required for the trees to fill in the space between the eight-foot planting distance. Mr. Forsyth said planting the trees closer than recommended could result in the area looking overgrown or be detrimental to the health of the trees. Councilmember Gray said he feels that landscaping would be inadequate and will not fulfrll the Municipal Code requirement for a six-foot masonry wall. Councilmember Love recommended installing a six-foot masonry wall along the curb of the commercial uses. Mr. Forsyth expressed concern that installing a masonry wall along the curb would impede the necessary turn radius for semi-trucks and trailers. He said he is not opposed to the option; however, he refuted the statement requiring a second six-foot wall, as the existing masoruy wall along the property line fulfills the Municipal Code requirements and contended that the solution needs to meet the headlight screening requirements, not the six-foot wall buffering requirements; however, he would be willing to install a six-foot masoffy wall along the 200 feet of the properties with inadequate screening. Mr. Forsyth said that underground stormwater storage tanks for the Dollar Tree and the medical offrces to the east are located at the lowest elevation points and spaced along the area between the masonry wall and the top back of curb. The water from the properties to the east drains onto their property. Their original proposal, opposed by the City Council, was to locate the stormwater drainage area on the Pony Express Parkway side of the businesses. Councilmember Gray expressed concern with storing water along the fence line near the homes and the masonry wall serving as a retention wall. City Engineer Chris Trusty explained that the storage tanks are contained and watertight and do not pose drainage or flooding risk to the homes, and the tanks discharge into the City storm drain on Porters Crossing then into the Tickville Wash to meet the allowable release rate into the system. Discussion ensued regarding potential solutions and debating concerns with the suggestions. Solutions discussed include a staggered block wall, relocating the existing masonry wall, or attaching a taller fence to the existing masoffy wall to prevent an alley between the fences. Mr. Forsyth explained the masonry wall has two-foot columns place on top of five-foot footing placed three to five feet deep and has prefabricated six-foot panels making it difficult to increase the height of the fence. To bring the fence to grade, a four-foot-high retaining wall would need to be placed far enough on the residents' property to bury the five-foot footing. He explained some of the recommendations would require major alterations to the approved Dollar Tree site that has a completion deadline of June 1,2021. He extended the existing masoffy wall as requested prior to construction of the 7-Eleven at a cost of $20,000 for four panels. As the Oak Hollow residents have stated they are amenable to landscaping, he would like to move forward with that solution especially as Municipal Code does not speci$ a masonry wall above six feet high. He is willing to place a fence on his property but is concerned with the safety and maintenance concems of creating avacant space between two fences. Councilmember Curtis requested clarification regarding the Municipal Code requirements for fencing between residential and commercial properties as his understanding is the purpose is to separate and provide buffering between incompatible uses. Based upon that understanding, he believes the existing masonry wall fails to meet the intention of the requirement. Councilmember Burnham expressed her support of a combination of a 3.5-foot fence and trees and trusting staff to approve an applicant proposal that meets the Council's directives. Mr. Trusty assured the City Council that staff can work with the applicant to ensure the solution is sound, provides adequate headlight screening, and will not adversely impact the underground stormwater tanks. Mr. Hickman suggested utilizing a few species of the evergreens to increase pest resilience. Councilmembers Clark and Love stated they were not comfortable in passing a screening plan without personally evaluating the specihcs of the proposal. Mr. Forsyth suggested layering landscaping with hedges near the curb and trees placed farther south or planted in the backyards of the residence. The layered landscaping would alleviate concerns with potential issues due to placing footings for a block or masonry option above the stormwater tanks and the safety and privacy issues of two walls. Councilmember Curtis said the solution might be adequate, but he also would like to see the proposal first. Mr. Forsyth respectfully requested for Council consideration of his time constraints and to allow a staff-level approval, as he feels staffunderstands the concerns ofthe Council, and because he has a $1,000 a day penalty if he fails to meet the June I't Dollar Tree deadline. He agreed to install a three-foot vinyl fence or a hedge and the trees and is willing to continue to work with the impacted Oak Hollow residents and offered to donate an additional one to two trees per home. He is unsure how to present the requested proposal and would rather spend the money on the solution rather than an additional application.

Councílmember Burnham moved to øpprove the síte plan for the O'Reilly Auto Parts with thefollowíng conditions: L The applicant shall increase the heíght of the wall ønywhere necessury to províde effectíve screening; 2. All parking lot líghtíng shøll be no more than 17 feet above the pavement; J. Thøt the dumpster enclosure shall be símílar ín materiøl ønd colors to the building; 4. Bícycle parking shøll be provided in complìance with EMMC 17.35.050(K); and .t The øpplicønt shall work with staff ønd the Oak Hollow residents to determíne appropriøte specíes of støggered evergreen trees ønd hedges or a vinylfence to províde ødequøte screeníng. Motionføiledfor løck of ø second. Mayor Westmoreland suggested a requirement to decrease the elevation of the parking lot, to plant the trees at the minimum allowable, staggered distance, and a solid hedge for the length of the four residential properties at the lowest elevation. Discussion ensued regarding the grade of the site and the impact of decreasing the parking lot elevation.

Councílmember Burnhøm moved to approve the site pløn for the O'Reilly Auto Pørts wíth thefollowíng conditíons: 1. The øpplicant shall increase the heíght of the wøll ønywhere necessøry to provide effective screening; 2. All parkíng lot lightíng shøll be no more thøn 17 feet above the pøvement; 3. That the dumpster enclosure shøll be símilar ìn møteriøl ønd colors to the buÍldìng; 4. Bicycle pørking shall be províded ín compliance wíth EMMC 17.35.050(K); ønd 5. The applicant shall ínstøll støggered evergreen trees planted at the mìnímum recommended dßtance and a 3.S-foot hedge ølong 4233 E, 4243 E, 4253 E, and 4263 E Willow Oak lVay øt the lowest grøde to p rov ide øde q uøte s cre e n íng. Motíonføiledfor løck of ø second. Councilmember Love recommended a faux-stone vinyl fence rather than a hedge due to concerns with gaps in the hedge. Mr. Forsyth agreed to install the faux-stone fence if desired.

Councílmember Gray moved to tuble the site planfor the O'Reilly Auto Parts. Motionfailedfor løck of a second. Councilmember Burnham questioned what would be accomplished by tabling the item as she did not feel that a more ideal solution would be determined prior to the next meeting. Councilmember Gray stated he thinks a masoffy fence is required and a vinyl fence fails to meet Municipal Code. He reiterated his belief expressed at the previous meeting that the applicant is responsible for proposing a solution pleasing to the Council. He volunteered to join the applicant on-site to discuss options as he disapproves of the proposed options. The Council discussed and clarified their concerns and preferences and the impact of delay and approval to the business and the residents. Mr. Forsyth stated that as an attorney, his understanding is the Municipal Code requires a six-foot rock or masoffy fence at the property line. He has property rights like the residents. He reiterated the Municipal Code requirement for a 3.S-foot headlight screen. He feels the Council is confusing the legal requirements with the ideal. The vinyl fence, or other options, would be for the screening requirement, as the buffering requirement is fulfilled with the existing masonry fence at the property line. He expressed sympathy for the residents while advocating to be able to move forward with a solution. He feels the requests by the Council place an unnecessary burden on him and the development to resolve a problem that is not his fault. He expressed discouragement that his property rights were not a consideration or under discussion. He intends to own the property for a long time and cares about the aesthetical appeal and no one has inquired if he approves of the proposed solution or considered the impact and maintenance of the option to his property and business. Councilmember Clark requested an exception to meeting policies and procedures to allow an Oak Hollow resident to comment on the discussion. Councilmember Burnham noted that the Council has previously approved hedges for headlight screening and felt it was unnecessary to allow additional public comment, as the residents have already commented on a landscaping solution. Discussion ensued regarding permiuing a hedge for headlight screening. Councilmember Clark inquired if Mayor W'estmoreland would allow Ms. Anderson to call into the meeting. Mayor Westmoreland declined to allow additional public comment, said the body needed to move on to the next item, and called for a motion. The Council resumed discussion regarding the landscaping screening options. Mayor Vy'estmoreland repeated the call for a motion.

Councilmember Love moved to øpprove the site plan for the O'Reilly Aato Pørts with the following conditìons : l. The applícant shall increøse the height of the wøll anywhere necessary to provide effective screening; 2. All pørkíng lot lighting shøll be no more than 17 feet above the pavement; 3. Thøt the dumpster enclosure shall be simílør in møteriøl and colors to the buílding; 4. Bicycle parking shøll be provìded in complíønce wìth EMMC 17.3s.0s0(K); 5. Usíng the síte pløn as outlíned in the truck loading exhibit moving the parkingfrom the south to the side of the buílding; 6. The øpplícønt shall install a 3.S-foot, solíd hedge at the parkíng lot level to screen headlíghts and shøll layer six-foot shrubs on the commercial property at the mínìmum distance for the length of the four houses along 4233 E, 4243 E, 4253 E, and 4263 E Willow Oak Way wíth the greatest elevstion dffirence from the commerciøl site; ønd 7. The City shall pedorm ø test of the screeníng fficíency of the løndscapíng príor to issaing a certiftcate of occupøncy. Councilmember Burnhømseconded the motion. Those voting øye: Donna ßurnham ønd Cørolyn Love. Those votíng nøy: Colby Curtis, Melissø Clark, ønd Jøred Grøy. The motionfailed wíth a vote of 2:3. The Council determined to discuss the other agenda items and return to this item. Eagle Mountain City Council Meeting - April 20,2021 PagelT of23

Councìlmember Curtß moved to reconsíder the sìte planfor O'Reilly's Auto Pørts. Councílmember Clark seconded the motion. Those voting aye: Donna Burnhøm, Melíssa Clark, Colby Curtß, Jøred Gruy, ønd Carolyn Love. The motion passed with ø unønimous vote. Discussion resumed deliberating, expanding, and clarifuing the merits, limitations of, requirements for, and concems with the previously proposed screening solutions. Councilmember Clark reiterated her request to allow a resident to speak on behalf of the Oak Hollow residents. Mayor Westmoreland noted the limitation of a single resident's ability to speak on behalf of the residents of Oak Hollow and if a single opinion would be helpful to the situation and inquired if Councilmember Clark had knowledge of the resident desiring to speak on something material to the discussion. Councilmember Clark said the evening's discussion has changed the situation and the City has previously errored on the side of permitting additional resident feedback. She said Ms. Anderson had reached out to her regarding the desire to speak. Mayor Vy'estmoreland expressed concern with setting a precedence for additional comment; however, he allowed it if it enables material progress. Ms. Anderson stated she appreciates the proposed solutions included in the motion. She clarified she would prefer exploring wall options due to the immediate, non-variable permanence and safety afforded by a wall, as a wall remains her preferred option, especially due to the growth variables of landscaping and the potential for root damage to the underground stormwater tanks. She said most of her neighbors concur. She was unaware of the spacing requirements for the evergreen trees when she had agreed to the option. Councilmember Gray recommended the applicant seek damages from the residential developer and stated he believes Municipal Code requires a difficult to scale, six-foot wall from the elevation of the top back of curb. Councilmember Curtis stated as Municipal Code excludes a scalability requirement, he was not comfortable with requiring that standard. He clarified his main concerns are a vinyl fence, the variance of growth and fullness of hedges impact on screening, and not approving the final proposal. Mr. Forsyth presented and discussed the project elevations. He said the final plan will meet all Municipal Code requirements and the height differences will not be as severe as assumed. He stated the residents are being allowed to dictate his property rights. Discussion ensued clarifuing the height differences. Mr. Forsyth stated the requested changes are technically on the previously approved Dollar Tree application and he has agreed to help the neighbors even though he meets Municipal Code. It is not his responsibility to prevent crime or make the walls unscalable. He said the previous height measurements are based upon the grade before he removes 8,000 cubic yards of material from the site; the final elevation will be a foot-and-a-half lower than indicated, so that the trees are not necessary for screening. He has met all the landscaping requirements. The Eagle Mountain City Council Meeting - April 20,2027 Page l8 of23 arguments discussed during the meeting are irrelevant to the Municipal Code requirements and are discriminatory against the uses he is developing in the City. Councilmember Love stated that considering the new information provided on the grading plan, she is ready to make a motion and asked if the applicant was amenable to the conditions of her previous motion. Mr. Forsyth expressed concern with the condition regarding withholding a certificate of occupancy should the hedge not be sufficiently opaque, as he is unable to purchase a hedge at full growth and planting the hedges too close together decreases their health and longevity. Councilmember Clark conceded to the applicant's concerns and request the removal of the screening test condition.

Councilmember Love moved to approve the site plan for the O'Reilly Auto Pørts wíth the followìng conditíons: 1. All parkíng lot lighting shall be no more thøn 17 feet øhove the pavement; 2. The dumpster enclosure shall be símílør in møterial and colors to the buíldíng; -t Bicycle parkÍng shall be provided in compliance wíth EMMC r7.3s.050(K); 4. The site plan shøll be as outlined in the truck loadíng exhíbít moving the pørkingfrom the south to the sìde of the building; and 5. The øpplícønt shøll ínstøll ø 3.S-foot hedge plønted øt the minímum recommended planting dßtance øt the pørking lot level to screen heødlíghts, and shøll løyer staggered, síx-foot trees on the commerciøl property at the mÍnímum dìstance for the length of the four houses ølong 4233 8,4243 8,4253 E, ønd 4263 E Wíllow Oak Way with the greøtest elevatíon dífferencefrom the commercial síte. Councilmember Gray requested that Ms. Anderson to be allowed to voice her opinion on the motion. Ms. Anderson repeated that her preference is for a taller wall, but as that appeffs not to be feasible, she appreciates the screening provided by the hedge and the privacy afforded by the trees, as long as they are mature enough to be adequate. Councìlmember Clark seconded the motíon. Those voting aye: Donna Burnham, Melíssø Clørk, Colby Curtís, and Carolyn Love. Those voting nay: Jøred Grøy. The motíon cønied wíth a vote of 4:1. 14. ORDINANCES/PUBLICHEARINGS 14.A. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code, Chapter 17.25 Residential Zones. This item was presented following the initial discussion on item I3.A. Mr. Kane reviewed the item as presented during work session. The Planning Commission held a public hearing on the request on April 13,2021, and unanimously voted, 4 to 0 with one absentee, to recommend approval to the City Council of the Municipal Code amendment. Councilmember Gray repeated his previous request for the standards to require a minimum lot size of I.25 acres for the RDl zone due to concerns that an acre lot is insufficient for agricultural use and animal rights. Councilmember Curtis stated that due to the infrequency of the development of I .25 -acre lots, he feels that the requirement of a lot size average in the RD 1 zone would discourage the request for the zone and for larger lot development in the City. He suggested a footnote for a less onerous larger lot requirement. Councilmember Burnham recommended having average lot sizes for the RDl zone to return to a future meeting as she had not prepared for a discussion on average lot sizes. Mayor I(estmoreland opened the public hearing at 10:28 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 W'estmoreland closed the hearing.

Councílmember Gray moved to øpprove an Ordínønce of Eagle Mountain City, Utøh Amendíng the Eøgle Mountaín Munícípøl Code, Chøpter 17.25 Resídential Zones. Councilmember Love seconded the motíon. Those voting aye: Donna Burnham, Melßsa Clørk, Colby Curtis, Iøred Grøy, ønd Cørolyn Love. The motion passed wíth a unanimous vote. 14. ORDINANCES/PUBLIC HEARINGS 14.8 ORDINANCEiPUBLIC HEARING- An Ordinance of Eagle Mountain City, Utah, Amending the Future Land Use Map of the General Plan and Rezoning Certain Lands Known as Sweetwater Industrial Park. This item was discussed prior to item I3.A. Mr. Kane reviewed the item as presented during work session. Applicant representative Scot Hazard said that the businesses he is working with include a fitness equipment maintenance and restoration facility. He has had inquiries from other businesses not amenable to the higher design standards and the application of the overlay zone would allow them to court those businesses. Councilmember Curtis said he supports storage facilities and metal buildings but not storage facilities with metal buildings and suggested removing storage facilities as a permitted use as a condition of approval. He feels storage facilities are more appropriate in other areas in the City. He desires to reserve this area for more specific uses. Mr. Hazard said that some of the uses would need storage as a part of their business operations, but he was agreeable to removing storage facilities as a pennitted use and is amenable to the Planning Commission's recommended conditions that were also applied to the approval of the overlay on lot 1. Councilmember Gray asked why the Planning Commission recommendation prohibited laundry and dry-cleaning establishments and said this would be the most appropriate area in the City for a laundry establishment. Mr. Kane said that dry cleaners are usually prohibited within a certain distance from residences and certain businesses. The use was determined not appropriate for the application on lot 1. Councilmember Curtis said he was not opposed to dry-cleaning in this area. Councilmember Love said she would prefer to table the item to do additional research if the Council desires to include dry-cleaning facilities as a permitted use in the approval. Assistant City Administrator/Community Development Director Steve Mumford said staff intends to prepare an amendment to update or remove the standards for the Sweetwater Industrial Overlay Zone. Councilmember Burnham expressed her support of the project as the overlay zone was created for this specific area and reason. In consideration of property rights, the proposal should be approved as requested. Mayor Westmoreland opened the public hearing at 8:19 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 Burnhøm moved to approve an Ordìnance of Eagle Mountaín Cíty, Utøh, Amending the Future Lønd Use Map of the General Pløn ønd Rezoning Certaín Land known øs Sweetwater Industrial Pørk with the followíng condítions : 1. Automobile sales and/or servíce shall be ø permítted use; 2. Convenience stores shall be ø permítted use; 3. Electroníc datø manøgement busínesses shøll be a permitted use; 4. Løundry ønd dry-cleaning estøblíshments shøll be prohibíted; 5. Manuføctured homes developments shøll be prohibited; 6. Motels and hotels shall be prohíbíted; 7. Other mønuføcturing businesses shsll be a permìtted use; 8. Restaurants ønd bønks (wíth drive-through servicefacilities) shall be prohíbíted; and 9. Storageføcilitíes shøll be prohibited. Councilmember Clark seconded the motìon. Those votíng øye: Donna Burnhøm, Melíssø Clark, Colby Curtß, Jared Gray, and Carolyn Love. The motìon passed wíth a unønímous vote. 15. ORDINANCES 15.4. ORDINANCE - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code by Repealing Section 3.10.080 Reimbursement for Certain Users. City Attorney Jeremy Cook reviewed the item as presented during the work session.

Councilmember Curtis moved to øpprove øn Ordínønce of Eagle Mountain C¡ty, Utuh, Amendíng the Eagle Mountøín Municipøl Code by Repealing Sectíon 3.10.080 Reimbursement for Certøin Users. Donna Burnhum seconded the motion. Those voting aye: Donnø Burnhøm, Melissa Clark, Colby Curtís, Jared Grøy, Cørolyn Love. The motíon pøssed wíth a unanímous vote. 16. CITY COUNCIL/MAYOR'S BUSINES S Mr. Kane announced that he has accepted another employment opportunity. Staff, the Mayor, and Council thanked Mr. Kane and expressed appreciation to him for his service to the City. 17. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Clark Councilmember Clark said the Parks and Recreation Advisory Board requested to review the definitions of open space, levels of improvement, and the designations and definitions in EMMC 17.49 inorder to make recommendations for amendments. She suggested having a board member presentation during a work session to outline their concerns and to receive direction from Council. The board requested clarification and guidance regarding the board's annual report per EMMC 2.30.090 and the expectation of the due date and format of the report. The board also would like to review the City's recreation programs and provide suggestions. Mayor Westmoreland requested that Councilmember Clark send him an email with the details regarding the Parks and Recreation Advisory Board's request to review and make recommendations to amend Municipal Code. He said the City will accommodate a date for the report that allows the board sufficient time to prepare a report in the format and scope of their choosing and in order to provide additional feedback. Councilmember Curtis Councilmember Curtis said the Military and Veterans Advisory Board had to cancel their meeting due to not having a quorum. The board has requested to partner with the American Legion in order to increase membership. He stated there is a current opening on the advisory board, and he asked if current members can be dismissed for lack of attendance. Mayor Westmoreland encouraged the Council to submit recommendations for appointees. Councilmember Love Councilmember Love said the Cemetery Advisory Board will hold a Memorial Day program at Pony Express Memorial Cemetery on May 3I,2021, at 10:00 a.m., following safety requirements for large gatherings. The Eagle Mountain Chamber of Commerce had an after-hours Costco tour and have a luncheon at Thanksgiving Point planned on June 8,202I, at l1:30 a.m. Governor Cox will be attending and speaking. The Mayor and Council are invited to the luncheon. Councilmember Gray Councilmember Gray requested Ms. Kofoed contact the Youth Council Advisors Tyler and Jennifer Shimakonis regarding any required adaptations for the upcoming elections. He reminded residents that the Youth Council and the EMAA are participating in the Neon Nights at Frontier Middle School on May 7, 202I, from 7:00 to 10:00 p.m. The event will include performances, bounce houses, an obstacle course, and food trucks, and the middle school has requested to use the City stage. Pony Express Days will include Thursday night team roping jackpots for the rodeo contestants. Mexican Rodeo events hosted by the Hispanic community will be held throughout the surnmer. Ms. Kofoed asked Councilmember Gray to have the Youth Council Advisors contact her and she will assist them with adapting the Youth Council elections. The agreement with the EMAA requires groups to partner with the Arts Alliance for approval to use City resources. Mr. Hickman stated that significant employee time is required to assemble and strike the stage and requested that staff time be a consideration of approval. Councilmember Burnham Councilmember Burnham stated the Planning Commission is working hard. She asked if there was any progress on finding an additional Senior Council board member. Ms. Kofoed stated that the City has not received any applications and will continue to advertise the vacancy. 18. COMMUNICATIONITEMS 18.4. Financial Report 18.8. Upcoming Agenda Items 19. ADJOURNMENT Mayor Westmoreland announced that the Redevelopment Agency Meeting scheduled following the City Council meeting has been postponed until May 4,2021.