Eagle Mountain City Council, 3 August 2021

Councilmember Gray moved to approve the consent agenda removing item 12.A. and placing it as a scheduled item and permitting staff to continue negotiations on item 9.A. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. Councilmember Burnham inquired when Just Chillin would be reopening and expressed her support of local businesses. Just Chillin owner Austin Heaps said he will contact his contractors to relocate the business and he hopes to reopen within approximately a week. SCHEDULED ITEMS 12.A. SITE PLAN – SilverLake Plat 31 Senior Planner Tayler Jensen presented the item. He explained the applicant is proposing a 40- foot-wide private right-of-way throughout the project that includes 27 feet of pavement and 4-foot sidewalks. During the Planning Commission meeting staff recommended that the right-of-way be increased to 43 feet and include 28 feet of pavement and 5-foot sidewalks, which would bring it to the local right-of-way standard minus 10 feet of park strips. The roads can then be public or private. After discussion, the item was recommended for approval excluding the staff- recommended requirement of the increased right-of-way. Mr. Mumford said although Municipal Code excludes private roads standards, the exclusion of the standards does not automatically allow developers to construct roads to any standards. The City may enact requirements for safety reasons or other considerations. Councilmember Curtis suggested requiring the wider road while allowing four-foot sidewalks. Discussion ensued regarding the sidewalk widths in other portions of the SilverLake development and portions of the development that occurred prior to the increased road and sidewalk width requirements, issues that arise when the City assumes responsibility for private roads not built to City standards, potentially prohibiting private roads in the City, the option for the Council to deny private roads as the exclusion from the standards does not automatically require approval, and concerns regarding existing private roads in the City. Mr. Jensen explained that the City has previously allowed private roads and usually prohibits parking along one or both sides of the road. Approvals typically include Unified Fire Authority private road requirements. Councilmember Love recommended approving the road with the staff recommendations due to the site plan being located within a development with previous approvals for the reduced standards. Councilmember Gray advocated against allowing reduced standards regardless of the progress of the development and preferred to require a full public right-of-way compliant with public street standards unless required by a master development agreement. Mr. Mumford stated the project has an approved preliminary plat which includes private roads at the proposed width. In general, private roads in multifamily communities are standard practice throughout Utah and the nation. However, that practice could be determined as inappropriate for the City. The additional width would result in the same asphalt width as a public road; however, the exclusion of park strips places the sidewalk directly adjacent to the road causing potential safety issues for children and causes snow removal to obstruct the sidewalks; his preference is to require park strips. Nevertheless, the other multifamily areas in this development all have private roads and this phase is the last portion of the multifamily area. Councilmember Love advocated for requiring the additional width due to the lack of parking adjacent to some of the six-plex units as she feels the guest parking throughout the development is likely inadequate for the parking requirements for the development. Councilmember Gray said he is less concerned whether the road is public or private as long as the road meets the public right-of-way development standards, especially considering the potential for the City to assume road ownership and the higher road use due to the increased number of trips per day for multifamily communities. He believes the approval of the preliminary plat vested the number of units and the location of the road but not necessarily the width of the road. Councilmember Curtis concurred with the preference to either prohibit private roads or to require private roads to meet the same standards as public roads; however, his understanding is the road was approved as proposed with the preliminary plat. Councilmember Love expressed her preference to provide developers with notice regarding changing standards, especially considering the precedence of the City approving private roads. Mr. Mumford clarified that this portion of the development has been divided into Plat 31 and Plat 32. He recommended collecting the landscape escrow with Plat 31 for these lots and requiring the amenities points for Phase 31 with the parks and landscape plan for Plat 32. The inclusion or exclusion of the gravel road as open space and the nature trail requirement can be addressed with the approval of Plat 32.

Councilmember Love moved to approve the site plan for SilverLake Plat 31 with the following conditions: 1. Collector road fencing shall be consistent with the existing collector road fencing in SilverLake and shall be constructed along the rear and side lot lines of any unit that does or will abut Golden Eagle Road or Silverlake Parkway, prior to issuance of a certificate of occupancy; 2. One additional parking stall shall be required for Silverlake Phase 31 and/or five additional parking stalls shall be provided for Silverlake Phases 31 and 32; 3. The amount of water-wise landscaping shall be increased by replacing turf behind buildings in park strips and other areas that are not usable as play areas; 4. Rear and side elevations shall include similar materials as the front elevations; and 5. The roads shall include 28 feet of asphalt and five-foot sidewalks. Councilmember Curtis seconded the motion. Those voting aye: Melissa Clark, Colby Curtis, and Carolyn Love. Those voting nay: Donna Burnham, and Jared Gray. The motion carried with a vote of 3:2. 14. ORDINANCES/PUBLIC HEARINGS 14.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Approving White Hills Country Estates Plat A, Amended Plat and Rezoning the Amended Area to RD1. Mr. Jensen presented the item. The proposal is for a rezone and recorded plat amendment to split parcel 55:320:0004. The parcel is in the Pole Canyon area, although it is not part of or subject to the Pole Canyon Master Development Agreement. The property is still identified as the Utah County zone designation Residential Agricultural Zone (RA-5). The Future Land Use Map identifies this property as Agricultural/Rural Density Two. The requested rezone to RD1 is an appropriate zone for this land use designation. Per EMMC 16.35.060(A), “Utilities shall be installed and stubbed.” The Planning Commission recommended approval of the rezone and lot split with a unanimous vote with the condition that the applicant shall stub water by splitting the most northwestern portion of the property for access to lot 2. Mr. Jensen verified that the property is included within the area annexed into the City. Discussion ensued clarifying that the Agricultural/Rural Density Two land use designation allows for the RD1 and RD2 zones. The RD1 zone has a minimum lot size of one acre and the RD2 has a minimum lot size of a half-acre. The proposal does not request or require a General Plan amendment. The requested lot size meets the minimum lot frontage and exceeds the minimum lot size requirements. Mayor Westmoreland opened the public hearing at 8:26 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah, approving the amended plat for White Hills County Estates Plat A and rezoning the amended area to RD1. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 14.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Mountain Municipal Code Chapter 15.60 Street Improvements. City Engineer Chris Trusty presented the item. With the continued growth of the City and in an effort to maintain current standards for facilities being constructed within the City, staff has begun the process to review and implement changes to the Construction Standards which set the minimum criteria to be used for construction within the City. Because of the extent of the City's standards, staff will be bringing updates to the City Council in phases, starting with the higher priority changes. These changes refer to street improvement and asphalt and street cross-sections requirements. The City worked with PEPG Consulting to provide recommendations for these updates. Tim Biel with PEPG has over 20 years in the asphalt pavement industry with the Utah Department of Transportation (UDOT) and PEPG. Mr. Biel was instrumental in the recent updates to the American Public Works Association Utah Chapter Standard Plans which is the industry standard enacted by most municipalities in the State. The recommended update largely reflects the standards found in that document. Mr. Trusty stated that he sent the City Recorder an updated document earlier in the day. Changes to the document that differ from the documents in the packet material include alterations to the Minimum Pavement Sections table in Section 15.60.20 Pavement Design increasing the untreated base from 6 inches to 9 inches and the subbase from 12 inches to 18 inches for a total of 32 inches for arterial roads; increasing the untreated base from 6 inches to 9 inches and the subbase from 9 inches to 12 inches for a total of 25 inches for collector roads; and increasing the untreated base from 9 inches to 12 inches for commercial parking lots for a total of 24 inches. Additional verbiage changes in the section include “All asphalt will be placed in a maximum of three-inch lifts and base with a maximum of 5-inch lifts and subbase in 9-inch lifts maximum,” and “Spline (Main Access) roads for new subdivisions or locals streets within industrial or commercial zones must meet Collector minimum section.” Mr. Trusty stated the Commercial Parking Lot column could be removed from the table as the City is not responsible for maintaining private commercial parking lots. He clarified the standards were included at the advice of the consultant. Councilmembers Gray and Curtis agreed with the recommendation to remove the commercial parking lot standards. Mr. Trusty explained that staff plans to bring additional Municipal Code amendments to the Council for consideration that will address other design standards such as collar specifications for manholes and valve boxes. Mr. Trusty stated that the updated standards reduce the amount of recycled asphalt product that can be used from 20% to 15% due to issues with quality control. Most of the standards have been or will be adopted by other municipalities in the State and are in line with quality expectations. Councilmember Love inquired regarding the risk to the City to allow the provision that “work with sub-standard thickness may be accepted at reduced price if the appropriate pay factor for the lowest tested thickness is applied to all of the substandard work.” Mr. Trusty explained that the consultant had suggested the provision. He feels it would be preferable to exclude the option; however, he agrees that the verbiage allowing the City to still require the standards offers protection as he feels the City would be unlikely to approve an exemption in most cases. Mayor Westmoreland opened the public hearing at 8:48 p.m. As there were no comments, Mayor Westmoreland closed the hearing. Discussion ensued whether to include or remove the commercial parking lot standards and whether residential parking lot and street standards will be required for mixed-use areas. Mr. Trusty said that areas used as roads within commercial parking lot areas are built to the same cross-section as the rest of the parking lot with at least the residential road standards or to a greater thickness, especially for heavy vehicle accesses. Commercial uses generally employ increased standards as a more cost-effective option than repairing inferior product.

Councilmember Gray moved to approve an ordinance of Eagle Mountain City, Utah, amending the Eagle Mountain Municipal Code Chapter 15.60 Street Improvements based upon the updated information in the email sent by City Engineer Chris Trusty, correcting the numbering error to the Street Sign section to 16.60.070, and removing the Commercial Parking Lot column from the table in 15.60.020 Pavement Design. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 15. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Curtis Councilmember Curtis said the Library finished the summer reading program and awarded the participants teddy bears. An ice cream social for veterans will be held on August 14, 2021, at 7:00 p.m. at the Seniors Center. Councilmember Burnham Councilmember Burnham said the Senior Council is doing well. She encouraged seniors to participate in the free meal program. The food calendar is available online and offers an alternate meal choice. The Planning Commission will not be meeting on August 10, 2021, due to the Primary Election. Councilmember Love Councilmember Love reminded the public that ShopFest will be held on Saturday, August 7, 2021. The Eagle Mountain Chambers of Commerce will hold an after-hours event at Eagle Vision on August 12, 2021, at 5:30 p.m. Councilmember Clark Councilmember Clark said Be Ready Eagle Mountain will participate in the National Day of Service in commemoration of the 20th anniversary of September 11th with several events held September 9th to 11th including a CERT drill in partnership with other entities, a hero parade, care packages for military and first responders, a blood drive, a marching band program, breakfast, and service projects. The following week will be the City’s clean-up days service project. A class on suicide awareness and prevention will be held at City Hall on Thursday, August 12, 2021, at 7:00 p.m. and the Parks and Recreation Advisory Board will participate in a discussion item at an upcoming City Council meeting. Councilmember Gray Councilmember Gray said the Eagle Mountain Arts Alliance is assisting with ShopFest. The Farmer’s Market has been amazing this year and will be running in conjunction with ShopFest. The Youth Council and other youth participants have been assisting and participating with other City volunteer programs. He expresses appreciation to Alpine School District Board Member Julie King for speaking at the next Youth Council meeting. 16. CITY COUNCIL BOARD LIAISON REPORTS 17. COMMUNICATION ITEMS 17.A. Upcoming Agenda Items 18. ADJOURNMENT