Eagle Mountain City Council, 16 November 2021

Board Member Love moved that the Board of Canvassers verify the results of the Eagle Mountain City General Election of November 2, 2021, by ratifying the results of the canvass; accepting the report of the Election Official and certifying the election results; and declaring mayor candidate Tom Westmoreland and City Council candidates Brett Wright and Donna Rivera Burnham elected. Board Member 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. 3. ADJOURNMENT

Councilmember Curtis moved to appoint Kim Julian as City Treasurer. 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. Ms. Kofoed administered the oath of office to City Treasurer Kim Julian. 13. PROCLAMATION 13.A. World Pancreatic Cancer Day – November 18, 2021 Mayor Westmoreland read a proclamation recognizing November 18, 2021, as World Pancreatic Cancer Day in Eagle Mountain City and encouraged residents to support the commemoration.

Councilmember Gray moved proclaim November 18, 2021 as World Pancreatic Cancer Day. 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. CONSENT AGENDA 14. BOND RELEASES 14.A. Brylee Farms Phase A, Plat 1 – Out of Warranty 14.B. Sage Park Phase A, Plat 4 – Out of Warranty 15. CHANGE ORDERS 15.A. Cory B. Wride Memorial Park, Phase 2 Project Change Order #3 – Kenny Seng Construction 16. MINUTES 16.A. October 19, 2021 Minutes – Regular City Council Meeting 17. PRELIMINARY PLATS & SITE PLANS 17.A. SITE PLAN – Eagle Mountain Medical Office Building 17.B. SITE PLAN – Marketplace at Eagle Mountain Town Center Lot 8 Pad A 17.C. SITE PLAN – Big O Tires

Councilmember Curtis moved to approve the consent agenda removing items 17.B. and 17.C. and placing them as scheduled items. Councilmember Burnham 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 17.B. SITE PLAN – Marketplace at Eagle Mountain Town Center Lot 8 Pad A

Councilmember Curtis moved to table the site plan for Marketplace at Eagle Mountain Town Center Lot 8 Pad A. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 17.C. SITE PLAN – Big O Tires Senior Planner Tayler Jensen presented the item. The application is a site plan for a Big O Tires located west of Cascade Collision on Pony Express Parkway. The elevations presented during the November 9, 2021 Planning Commission meeting showed the elevation with the fewest design elements facing Pony Express Parkway. The Planning Commission recommendation included a condition of approval to improve the elevations. Mr. Jensen presented updated elevations to the Council that had been submitted to the City after during the break before the policy session. Additional features have been added to all sides of the building to address the Planning Commission concerns, including wainscoting and awnings. Councilmember Gray suggested providing direction to the applicant; however, due to receiving the elevations past the submission deadline and the public not being able to review the elevations prior to the meeting, he was in favor of tabling the item. The Council provided direction to the applicant to address concerns with the building design such as utilization of a color palette in harmony with the other buildings in the area, increasing the horizontal and vertical articulation, adding contrasting brick on the south elevation to the north elevation, utilizing wood or paneling to tie into the designs of other buildings in the area, and additional design elements or color variation to add visual variety to the center section of the north and south elevations. Applicant representative Trevor Sharp said the building's main body colors are shades of gray. They intend to use rock on both the north and south elevations to indicate and emphasize the main entrances and expressed willingness to address Council concerns regarding visual variety and appropriateness while maintaining the functionally of the business. The applicant requested the Council move the application forward with conditions of approval to prevent the delay of the project in consideration of the reduced number of City Council meetings in December and the holidays. Discussion ensued regarding whether to approve the item with conditions or to table the application. Councilmember Clark expressed concern with moving forward an incomplete application that was updated during the meeting. Although she is sympathetic to the applicant, she thinks the City should hold to existing standards.

Councilmember Love moved to table a site plan for Big O Tires. 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. SCHEDULED ITEMS 18. ORDINANCES/PUBLIC HEARINGS 18.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Repealing Eagle Mountain Municipal Code Chapter 17.70 Accessory Apartments and Replacing it with Chapter 17.70 Accessory Dwelling Units, and Amending References to Accessory Apartments in Chapters 17.05, 17.10, 17.20, and 17.95. This item was discussed after item 20.A. and prior to item 19.A. Discussion ensued regarding concerns with the setbacks and whether accessory dwelling unit (ADU) setbacks should be the same as the housing requirements especially considering the impact of the residential unit rear setbacks on ADUs. Mayor Westmoreland opened the public hearing at 11:01 p.m. Louise Innoccenti submitted the following email, “I believe references to "apartment" in the proposed Section 17.70.030 (2) should be changed to "accessory dwelling unit.” Mayor Westmoreland closed the public hearing at 11:02 p.m.

Councilmember Clark moved to table an ordinance of Eagle Mountain City, Utah, repealing Eagle Mountain Municipal Code Chapter 17.70 Accessory Apartments and replacing it with Chapter 17.70 Accessory Dwelling Units, and amending references to accessory apartments in Chapters 17.05, 17.10, 17.20, and 17.95 to a future meeting. 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. Councilmember Clark requested staff research and present the impact of retaining the residential rear setback requirements for ADUs when the Council revisits the item. 18.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Approving an Amendment to the Eagle Mountain Municipal Code Chapter 6.10 Animal Zoning Regulations. This item was discussed prior to item 18.A. Senior Planner Tayler Jensen clarified that the proposed amendment excludes chicken, dogs, and cats; those animals are addressed in other areas in Municipal Code. The livestock standards under consideration only apply to residentially zoned properties and are presented in response to Council feedback from previous meetings to clarify and expand animal rights, rather than to reduce animal rights. The Council determined to halt Mr. Jensen’s presentation of the proposed amendment to allow discussion of an alternative proposal they had discussed and determined prior to the meeting. Councilmember Love stated that although the new proposal has improvements over the current standards, it is difficult to create new standards that are comparable with existing standards. The Council discovered that the public is against change, and as such, she proposed retaining the current standards with a few small changes including clarification that chickens are excluded from this chapter. The conditional use permit process is intended to allow for situations not contemplated in the standards as it would be impossible to anticipate every circumstance. Councilmember Curtis concurred with Councilmember Love and stated he desires to add standards specific to two-acre lots and adolescent and miniature animals. Residents would retain the option to apply for a conditional use permit for situations not accounted for in Municipal Code. Councilmember Gray noted that he had requested Table 6.10.090 Residential Zone Livestock Requirements be examined to make the standard equitable for two-acre lots. He proposed dividing the 1- to-3-acre column into two columns. He desires to clarify the setbacks for structures versus fenced areas and to exclude fowl from the livestock requirements on the table. Councilmember Clark stated that she supports resident agriculture rights and the self-sufficiency it provides for families. She supports excluding fowl from livestock standards. The conditional use permit application cost is minimal and covers the administrative costs and is not meant to be punitive. Mayor Westmoreland opened public comment at 8:27 p.m. Mike Boyd and John Hubbard spoke in favor of clarifying the cumulative number of animals permitted and requested a reduction in the total number of animals allowed per acre and for the City to address nuisance issues. Brent Strong spoke in favor of the point system. Alex Clark, Kristin Fluckiger, Trevor Hawkins, Manfred Riem, and David Corrington submitted emails expressing concerns that the proposed amendment would prohibit chickens on lots under a half-acre. Bettina Cameron and Heather Beck submitted emails and spoke against the proposed point system and against counting miniature cattle as half a regular-size cow. The following residents made comments and/or submitted emails against the proposed point system and in favor of animal rights: Craig Whiting, Ben Keele, Daniel Walker, David Curneal, Scot Parker, Meg McInnes, Lacey Lewis, Matthew Endicott, Jody Hooley, Louise Innocenti, Mike Innocenti, Nicholas Jessen, Jacob Camp, Chad Krupa, Kelli Riem, and Sean Hammond. Michael Robinson stated that his property has a fruit orchard, and the U.S. Government classifies his property as agricultural. Liz Smith inquired if the changes impacted quarter-acre lots. Bart Johnson requested clarification regarding the allowance of horses on his property. Councilmember Curtis clarified that the City does not currently limit the number of animals on five-acre agricultural lots and that the standards in this amendment only impact residentially-zoned properties. He explained his intention is to clarify and increase the consistency of the residential livestock standards rather than increasing or decreasing animal rights. Councilmember Burnham explained that the Equine Overlay permits horses on lots greater than a half-acre. Mayor Westmoreland closed the public hearing at 9:36 p.m.

Councilmember Love moved to deny an ordinance of Eagle Mountain City, Utah, approving an amendment to the Eagle Mountain Municipal Code Chapter 6.10 Animal Zoning Regulations, substituting the ordinance with the following changes to Chapter 6.10 Animal Zoning Regulations: 1. A two-acre column shall be added to the Max. Number Allowed on Lots columns on Table 6.10.090 permitting twice the animals allowed in the one-acre column; 2. Miniature and adolescent animals count for half the number of a full- sized, adult animal excluding cattle; and 3. Verbiage shall be added that clarifies that fowls shall be excluded from the livestock standards in Chapter 6.10. Councilmember Curtis seconded the motion. Councilmember Gray requested to include miniature cattle as a half count of full-sized cattle and to address concerns with the setback requirements regarding inconsistency and ambiguity regarding animal fencing and recommended to change the wording to animal structure. Discussion ensued regarding whether to count miniature cattle as a full-sized animal. Councilmember Love stated that she was unwilling to amend the motion to alter setback standards language as she believed additional research would be necessary to determine the appropriate standards prior to amending the current verbiage. AMENDED MOTION: Councilmember Love moved to deny an ordinance of Eagle Mountain City, Utah, approving an amendment to the Eagle Mountain Municipal Code Chapter 6.10 Animal Zoning Regulations, substituting the ordinance with the following changes to Chapter 6.10 Animal Zoning Regulations: 1. The Maximum Number Allowed on Lots columns on Table 6.10.090 shall be changed from ½ to 1 Acre to ½ to .99 Acres and 1 to 3 Acres to 1 to 1.99 Acres and a column shall be added for 2 to 2.99 Acres permitting the following number of animals in the appropriate row: horse/mule 8, buffalo 4, cattle 8, donkey 8, lama 8, emu/ostrich 12, sheep/goat 12, and pig (all kinds) 6; 2. Miniature and adolescent animals count for half of a full-sized, adult animal; 3. Fowls shall be excluded from the livestock standards in Chapter 6.10; and 4. Section 6.10.060 General animal regulations for the airpark zone shall be removed and the numbering of the chapter shall be adjusted accordingly. 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. Mayor Westmoreland recessed the meeting from 9:56 p.m. to 10:06 p.m. 19. RESOLUTION/PUBLIC HEARING 19.A. RESOLUTION/PUBLIC HEARING – A Resolution of Eagle Mountain City, Utah, Approving a Sole Source Bid Award to Prime Solution, Inc., for a Bio Solids Fan Press. This item was discussed after item 18.A. Public Utilities Manager Mack Straw presented the item. Staff recommends that the City Council approve a sole source bid award to Prime Solutions., Inc, for the purchase and installation of a bio solids fan press in the amount of $79,103. This will be installed on the same skid that currently houses the fan press. This unit is required as part of the recent plant expansion to handle the extra biosolids. The original budget for the fan press was $70,000. In compliance with the requirements for sole source bid awards, the City posted a 10-day notice to advertise the procurement. This is a sole source purchase. This unit will attach to our existing fan press. Ms. Kofoed explained that sole source bid awards require public notification and hearings to provide other entities opportunities to bid on the item. In the case of this item, the bid was awarded to the only business in the area that sells and installs bio solids fan presses. Mr. Straw explained that the press removes the water from the waste prior to disposal. The current skid has locations for four fan presses. This will be the second fan with two available spots to add additional fan presses as the City grows. Councilmember Clark suggested purchasing two bio solid fan presses instead of waiting to purchase additional fans when the price will likely have increased. Mr. Straw noted that the price of the fan has increased $9,103 in less than a year and purchasing a second fan would likely save the City money. An additional fan is scheduled to be purchased in next year’s budget. Mayor Westmoreland opened the public hearing at 11:13 p.m. As there were no comments, he closed the hearing. Mr. Jerome stated the second fan could be funded through sewer impact fees and/or the sewer fund. He had no objection to purchasing two fans in consideration of necessary infrastructure expansions. Discussion ensued and the Council determined to purchase two bio solid fan presses.

Councilmember Curtis moved to approve a resolution of Eagle Mountain City, Utah, approving a sole source bid award to Prime Solution, Inc. for two bio solid fan presses in the amount of $158,206. 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. 20. RESOLUTION

Councilmember Curtis moved to approve a resolution of Eagle Mountain City, Utah, approving a master development agreement for The Pinnacles with the following conditions: 1. Language identifying the maximum number of units shall be removed from Sections 3.3 and 3.4; 2. The single-family, detached cluster units in the MF1 Zone shall be removed from the second paragraph of Section 3.3 on page five, and 3. Section 8.2 shall be amended to require the park to be completed prior to the City recording the final plat that includes more than 50% of the single- family homes with the option for the applicant to apply for an extension due to weather delays. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 21. CITY COUNCIL/MAYOR'S BUSINESS 22. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Clark Councilmember Clark recommended the Parks and Recreation Advisory Board present to the Council once or twice a year. The Be Ready Eagle Mountain held a CERT training and volunteer appreciation dinner. She appreciates their efforts and growth. She’s excited that the City filled the Emergency Management position. Councilmember Gray None. Councilmember Curtis None. Councilmember Burnham Councilmember Burnham announced that the Senior Citizen Advisory Council has a vacancy. Councilmember Love Councilmember Love noted that resident Mike Kiefer published a blog post regarding the number of accidents at the intersection of Ranches Parkway and Pony Express Parkway. She requested the City conduct a study to quanti$ if visibility issues are contributing to collisions and potential mitigation or corrective measures to increase safety. Mayor Westmoreland Mayor Westmoreland stated that the City plans to extend the eastbound turn lane from Pony Express Parkway onto Ranches Parkway and the alignment of the intersection could be researched in conjunction with the expansion. 23 COMMUNICATION ITEMS 23.A. Financial Report 23.8. Upcoming Agenda Items 24 ADJOURNMENT

Councilmember Curtìs moved to ødjourn the meeting øt 11:23 p.m Councilmember Gray seconded the motíon. Those voting øye: Donna Burnham, Melíssa Clørk, Colby Curtis, Jøred Gray, ønd Cørolyn Love. The motion passed with ø unanimous vote.