Eagle Mountain City Council, 15 February 2022

Councilmember Burnham moved to approve the consent agenda, approving item 12.B. with the new elevations presented to the Council during the meeting and approving item 12.C., removing the requirement for an awning over the back door, changing the tan stucco to a light gray, and changing the red on the back to a red blade taller than the roofline, similar to the blade on the front elevation. Councilmember Gray seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. SCHEDULED ITEMS 14. EAGLE MOUNTAIN DATA CAMPUS 14.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands known as Eagle Mountain Data Campus. 14.B. DISCUSSION – Eagle Mountain Data Campus Concept Plan Items 14.A. and 14.B. were presented and discussed after item 16.A. Planning Manager Robert Hobbs reviewed the item as presented during work session. Discussion ensued regarding the impact of the rezone on the taxable income on the land, clarifying that if the land is currently classified as greenbelt the property taxes would remain the same. Mayor Westmoreland opened the public hearing at 7:54 p.m. As there were no comments, he closed the hearing. Discussion ensued regarding concerns with approving the rezone prior to the pending amendments to the Regional Technology and Industry (RTI) Overlay Zone. Applicant representative Corey Berg explained that two groups are actively pursuing projects. One group desires to close on 1 ½ acres of land and begin developing soon; should the rezone not be approved tonight, they would potentially lose the interested buyer. He believes that the group intends to build a data center and they are aware of the water use concerns. The remainder of the property will remain as greenbelt and be utilized as a sod farm until developed. Councilmember Gray stated after consideration, he would be in favor of retaining an amended RTI Overlay rather than repealing the zone. Councilmember Love inquired if traffic, water, and buffering concerns could be addressed as conditions of this approval. Assistant City Administrator/Community Development Director Steve Mumford explained that specific concerns and the offsetting of the impact to the City infrastructure and resources would be addressed in a development agreement or with site plan approvals. The provision of any incentives would require a development agreement. Councilmember Wright stated he would prefer to table the application until the RTI Overlay amendment is finalized. Mr. Mumford clarified that the approval of the rezone would place the RTI Overlay zone on the property, allowing applicants to submit a site plan or request an agreement to allow the standards permitted in the RTI Zone. Mr. Berg stated the site plan application is not anticipated until the end of April. The buyer is considering properties outside of Eagle Mountain. Should the rezone not be approved, the buyer might choose a different city. Councilmember Wright said that due to the time constraints with the project, he would be willing to consider approval of the rezone.

Councilmember Gray moved to approve an ordinance of Eagle Mountain, City, Utah rezoning certain lands knowns as Eagle Mountain Data Campus as presented. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 15. RUSH CREEK 15.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands known as Rush Creek. Items 15.A. and 15.B. were presented and discussed concurrently. Mr. Hobbs presented the item. In July of 2021, a General Plan amendment changed the designation of the 38.80-acre property from Employment Center/Campus to Business Park/Light Industry. The applicant has now applied for a rezone from Agriculture/Rural Density to Light Manufacturing/Distribution (LMD) and preliminary plat approval for a 15-lot industrial subdivision. The Planning Commission recommended approval of the rezone and preliminary plat during the January 25, 2022 meeting with following conditions: 1. The project shall provide a 20-foot-wide buffer at its eastern end in lieu of the 15-feet buffer shown on the plat; 2. The 20-foot wide north-south trail buffer on the eastern side of the property shall be zoned OS-N; and 3. The project shall comply with any requirements from the City Engineer, including submittal of a traffic analysis prior to applying for a final plat approval. Mr. Hobbs verified that Parcel A is a retention pond area and the cul-de-sac would accommodate industrial vehicle traffic. Discussion ensued regarding the following items: • Transition standards for industrial and residential properties; • Providing only the OS-N Zone as compatible buffering between the zones; • Whether to consider the collector road as a buffer; and • The benefits, potential issues, and usability of a 20-foot OS-N buffer. Mr. Hobbs noted that Municipal Code does not include width requirements for buffer zones. Applicant representative Dan Ford said they felt the masonry wall and a 15-foot open space area would be a sufficient buffer. Councilmember Gray stated that he is in favor of the project as he feels that there are insufficient spaces available for this type of product in the State. He expressed concern with the proposed trail and wall due to safety and maintenance problems. He would rather have the burden of buffering fall on the residentially zoned property that will be building after this project. Mayor Westmoreland opened the public hearing at 8:25 p.m. As there were no comments, he closed the hearing. Mr. Ford explained that their intention is to connect the open space buffer to the School and Institutional Trust Lands Administration regional trail system. Discussion ensued regarding the possible plans for the trail system in the area and concerns regarding trails adjacent to industrial uses.

Councilmember Gray moved to approve an ordinance of Eagle Mountain City, Utah, rezoning certain lands known as Rush Creek to the LMD Zone. Councilmember Wright seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 15.B. MOTION – Rush Creek Preliminary Plat

Councilmember Gray moved to approve the Rush Creek preliminary plat with the condition that the project shall comply with any requirements from the City Engineer, including submittal of a traffic analysis prior to applying for final plat approval. Councilmember Wright seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah, amending Eagle Mountain Municipal Code Chapter 6.10 Animal Zoning Regulations with the following changes: 1. EMMC Table 6.10.090 shall be amended to allow two pigs on ½ to 0.99 acres, four on 1 to 1.99 acres, six on 2 to 2.99 acres, and eight on more than three acres; pigs shall be allowed on is a minimum of a ½ acre; and buffalo shall be allowed on a minimum of 1 acre; and 2. Any animal that a reasonable person would define as ½ size (or smaller) of an average adult animal shall count as a ½ unit including offspring and miniature animals. Offspring shall not count towards maximum numbers until weaned offspring do not count until weened. Councilmember Wright seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 17. RESOLUTIONS

Councilmember Burnham moved to approve a resolution of Eagle Mountain City, Utah, approving the second amended and restated Oquirrh Mountain Master Development Agreement with the following changes: 1. Language shall be added to allow for one pro-rata park escrow reduction; and 2. The zoning map exhibit that is attached to the master development agreement shall be amended to match the approved development standards for the RC units including the five-foot side and ten-foot garage side setbacks and any other necessary clarifications. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote.

Councilmember Burnham moved to approve a resolution of Eagle Mountain City, Utah, authorizing the issuance and sale of not more than $22,000,000 aggregate principal amount of sales tax revenue bonds, series 2022; fixing the maximum aggregate principal amount of the bonds; the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; authorizing the execution by the City of a general and supplemental indenture of trust, and other documents necessary for the issuance of the series 2022 bonds; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; and related matters setting a public hearing for March 15, 2022; and changing paragraph 2 on page 2 to “finance road, water, and sewer system, improvements.” Councilmember Gray seconded the motion. Discussion ensued regarding increasing the aggregate principal amount of sales tax revenue bonds to $25,000,000 and the impact on the length of the term of the bond and the interest cost should the full amount be borrowed. AMENDED MOTION: Councilmember Burnham moved to approve a resolution of Eagle Mountain City, Utah, authorizing the issuance and sale of not more than $25,000,000 aggregate principal amount of sales tax revenue bonds, series 2022; fixing the maximum aggregate principal amount of the bonds; the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; authorizing the execution by the City of a general and supplemental indenture of trust, and other documents necessary for the issuance of the series 2022 bonds; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; and related matters setting a public hearing for March 15, 2022; and changing paragraph 2 on page 2 to “finance road, water, and sewer system improvements.” Councilmember Gray seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 18. CITY COUNCIL/MAYOR'S BUSINESS None. 19. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Wright Councilmember Wright asked if a resident will soon be appointed to the Parks and Recreation Advisory Board. Councilmember Love None. Councilmember Burnham Councilmember Burnham stated that the Senior Citizen Advisory Council has a vacancy. Councilmember Gray None. 20. COMMUNICATION ITEMS 20.A. Upcoming Planning Items 21. ADJOURNMENT