Eagle Mountain City Council, 15 June 2021

Councilmember Burnham moved to approve the consent agenda removing items 12.A. and 12.D. and placing them as scheduled items. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. SCHEDULED ITEMS

Councilmember Love moved to approve a resolution of Eagle Mountain City, Utah, amending the Policies and Procedures Manual regarding continuing education reimbursement and paydays. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. This portion of the discussion occurred after item 17. Ms. Kofoed informed the Council that the City received an anonymous comment from an employee regarding the proposal after the item had concluded and noted that the item did not include a public hearing. The employee explained that job certifications were previously covered 100% by the City and the approved amendment would now require employees to pay 25% of the cost. Councilmember Clark recommended excluding certifications from being required to be funded 25% by the employees. She had not realized the amendment would negatively impact certifications and does not want to penalize employees. Ms. Kofoed explained that the City has a portion of funding specified for employee travel and training and these funds would be in addition to that budget. Training programs are recommended by supervisors and approved by human resources if funding is available. She expressed her support of the City covering the full cost of certification programs, if funding is available. Mr. Jerome said the travel and training program supports employee certifications and continuing education credits through attending conferences and other trainings. He explained that Ms. Valenzuela’s analysis found the City was offering lower continuing education benefits than other cities and the proposal is a median benefit option compared to other programs. Some cities have a tuition reimbursement percentage cap. The Council could elect to remove the 75% coverage and offer to reimburse up to $2,500 per employee per year. He is a strong supporter of education and sees it as a mutual benefit for the City in promoting employee continuing education. Councilmembers Love and Curtis expressed apprehension to make changes to the proposal without discussing them with Ms. Valenzuela. Ms. Kofoed stated the proposal was discussed during staff meeting and she has correspondence from Ms. Valenzuela expressing her preference to remove the requirement for employees to pay 25%. During the pandemic, programs were offered that expedited the certification process, and the reimbursement program assisted employees in utilizing the opportunities made available.

Councilmember Curtis moved to reconsider item 12.A. a resolution of Eagle Mountain City, Utah, amending the Policies and Procedures Manual regarding continuing education reimbursement and paydays. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote.

Councilmember Curtis moved to approve a resolution of Eagle Mountain City, Utah amending the Policies and Procedures Manual regarding continuing education reimbursement and paydays removing the 75% cap on reimbursement. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote.

Councilmember Burnham moved to approve a resolution of Eagle Mountain City, Utah, adopting a fireworks ban prohibiting fireworks during the July 4th and July 24th, 2021 holiday celebration and restricting open flame fires in undeveloped land until August 31, 2021. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. Discussion ensued regarding ideas for a safe community celebration for the July 4th and 24th holidays. Councilmember Clark requested the announcement of the fireworks ban include that the City is planning an alternative activity. 13. HIDDEN HOLLOW PHASE C 13.A. MOTION/PUBLIC HEARING – Disposal of Significant Real Property – Identified as a Portion of Utah County Parcel Number 58:040:0013. **this is not an action item - discussion only**

Councilmember Burnham moved to table the disposal of significant real property – identified as a portion of Utah County parcel number 58:040:0013. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 13.B. MOTION – Hidden Hollow Phase C Preliminary Plat and Site Plan

Councilmember Burnham moved to table the preliminary plat and site plan for Hidden Hollow Phase C. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 14. ORDINANCES/PUBLIC HEARINGS 14.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Adopting the Final Budget Amendments for Fiscal Year 2020-2021. Finance Director Kimberly Ruesch introduced the item and stated the requested amendments to the budget are outlined in the packet materials. The majority of the changes identified the allocation of the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding received by the City and impact fee transfers for development reimbursement through the end of the fiscal year. The City received additional funding this week to prepurchase additional Central Water Project water shares. Councilmember Curtis requested staff provide a detailed accounting of the allocation of the CARES Act and American Rescue Plan Act funding received by the City, as time permits. Ms. Ruesch stated the CARES Act funding has been spent and she will include federal funding in an update for the Council of the year-to-date expenditures. Mayor Westmoreland opened the public hearing at 8:30 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Clark moved to approve an ordinance of Eagle Mountain City, Utah, adopting the final budget amendments for fiscal year 2020-2021 with the changes presented in the staff report. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 14.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Adopting the Fiscal Year 2021-2022 Budget and Certified Tax Rate. Ms. Ruesch explained the importance of the budget as a mechanism to further the policies and visions established by the Council that make Eagle Mountain a city residents choose to make their homes. Changes to the proposed budget since the last meeting include over $30,000,000 of investment in capital infrastructure development including the second phase of Airport Road, which staff will work aggressively to complete. Maintaining the current level of service provided by the City requires funding for an additional approximately 12.5 FTEs. Councilmember Curtis stated he has been open with his objection to the Wasatch Wing and Clay road and requested verification that the project is excluded from this budget. Mr. Mumford clarified the Wasatch Wing and Clay road will require an interlocal agreement with the County, which will require separate Council approval. Ms. Ruesch stated the item includes the adoption of the certified tax rate for the City, which has declined from the previous year. The certified tax rate lowers as property values increase. The City experienced an increase of approximately $200,000 in property tax revenue due to new growth. Mr. Jerome verified the tax rate has lowered each year over the past four years and is currently the lowest rate in City history. Mayor Westmoreland opened the public hearing at 8:39 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Clark moved to approve an ordinance of Eagle Mountain City, Utah, adopting the fiscal year 2021-2022 budget and certified tax rate. Donna Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 14.C. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Adopting an Impact Fee Enactment for a Public Safety Impact Fee; Providing for the Calculation and Collection of Such Fees; Providing for Appeal, Accounting, and Severability of the Same and Other Related Matters. Lewis Young Robertson and Burningham Vice President Fred Philpot presented the item and explained the impact fee process. The Impact Facility Plan and Impact Fee Analysis process considered the service area and demand, level of service (LOS), existing facilities and buy-in, future facilities, financing, and proportionate share analysis. The police proportionate share analysis determined a total impact fee cost of $11,109,356 and an $820,971 cost to impact fee. The proposed police impact fee schedule based upon a $66 cost per call and 0.633 residential calls per unit and 2.190 non-residential calls per unit, per 1,000 square feet, resulted in a proposed impact fee of $42 for residential and $145 for non-residential units. Impact fees for non-standard developments will be calculated separately based upon the $66 cost per call and the number of calls per calculation per unit for the non-standard use type. The next steps include holding the public hearing noticed for this meeting; the Council adopting, modifying, or rejecting the proposed impact fees; and a 90-day wait period prior to implementing an approved impact fee increase. Mr. Philpot explained that the proposed $42 residential impact is lower than the typical $150 up to $350 range found in other communities. The lower impact fee is due to the low square footage LOS. The City can reevaluate the LOS after constructing new facilities and adjust the impact fee. Mayor Westmoreland opened the public hearing at 8:50 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah, adopting an impact fee enactment for a public safety impact fee; providing for the calculation and collection of such fees; providing for appeal, accounting, and severability of the same and other related matters. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 15. RESOLUTIONS

Councilmember Curtis moved to approve a resolution of Eagle Mountain City, Utah, approving a development agreement between Eagle Mountain City, Utah, and Curleybird, LLC including Exhibit D(1) Project Freemont Road Improvements and permitting staff to make adjustments to the liability cap and non-substantive wording amendments. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. Councilmember Curtis requested the City focus on expanding the business base in the City and not pursue additional data centers due to concerns with high water usage. Councilmember Love concurred with Councilmember Curtis’ desire for increased business diversity.

Councilmember Curtis moved to approve a resolution of Eagle Mountain City, Utah, approving a water and sewer agreement between Eagle Mountain City, Utah and Curleybird, LLC permitting staff to make adjustments to the liability cap and non-substantive wording amendments. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. The motion passed with a unanimous vote. 16. CITY COUNCIL/MAYOR'S BUSINESS Mayor Westmoreland Mayor Westmoreland announced that a notice was sent requesting residents in Oquirrh Mountain Ranch and the areas south of Unity Pass refrain from watering until the following day due to a malfunction with the water tank to allow time for the tank to refill. He apologized for the inconvenience. Mr. Jerome said that pumping capacity is being temporarily increased to fill the tank as quickly as possible. Residents north of Unity Pass also delaying watering until the following day could increase the impact on the pumps. Councilmember Clark Councilmember Clark requested a review of the stacking distance standards for drive-throughs for food establishments and other businesses. Councilmember Love seconded the request in consideration of high drive-through utilization by residents. Councilmember Curtis requested some flexibility for drive-through establishments in order to not discourage business investment in the City. Councilmember Clark agreed. 17. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Curtis Councilmember Curtis explained that adjustments are being made to the Military and Veterans Advisory Board to include the American Legion. Councilmember Burnham Councilmember Burnham said the Seniors Citizen Advisory Council is working hard and at the end of the month they will hold a celebration to commemorate the December 2020 Christmas they missed spending together due to the pandemic. She was impressed with the Planning Commissioner’s questions and discussion at their last meeting. Councilmember Love Councilmember Love said the Eagle Mountain Chamber of Commerce moved to a new location, held a ribbon-cutting for the recently opened McDonalds, and sponsored a luncheon with Govemor Cox. Councilmember Clark Councilmember Clark suggested adding indoor farming as an approved use in the Regional Technology and Industry Overlay zone to encourage such developments in the City. The Be Ready Eagle Mountain held a water safety class taught by Wendy Ford and continues to hold weekly Ham radio check-ins and tests. The Eagle Mountain Arts Alliance is holding book walks on the 2nd and4th Wednesdays at City parks. Mayor Westmoreland Mayor Westmoreland said he will be touring Grow Tech, an indoor farming facility, next week. They grow cattle feed that is utilized at a nearby facility which eliminates the costs to store the feed. I8. COMMLINICATIONITEMS 18.4. Financial Report 18.8. Upcoming Agenda Items 19. ADJOURNMENT