Motions and roll-call votes
Dillon Boss joins the Library Advisory Board
Dillon Boss was appointed to the Library Advisory Board for a one-year term through December 2024 and sworn in at the meeting.
What it means: An advisory seat is filled. Library users will see the same hours, books and staff as before.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember Clark moved to approve the appoÍntment of DÍllon Boss to the LÍbrarg AduÍsorg Board for a one-gear term through December 2024. CouncÍlmember Grag seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent X Donna Burnham tr Donna Burnham E Donna Burnham tr Donna Burnham Xl Melissa Clark tr Melissa Clark tr Melissa Clark B Melissa Clark X Jared Grag tr Jared Grag tr Jared Grag ! Jared Grag X Rich Wood t Rich Wood tr Rich Wood E Rich Wood A Brett Wright tr Brett Wright tr Brett Wright tr Brett Wright The motÍon passed wÍth a unanÍmous vote. Assistant Citg Administrator/Citg Recorder Fionnuala Kofoed administered the Oath of Office to Dillon Boss. CONSENT AGENDA 10. AGREEMENTS 1O.4. Purchase Agreement - Land for Right-of-Wag - LSC Real Estate 10.8. Purchase Agreement - WW Arena Equipment - The Dags of '47 Rodeo, Salt Lake lnc. - - 10.c. Professional Service Agreement Recruitment Consultants Jason Walker and David Kitchen 1'l BOND RELEASES 11.4. Harmong Phase A, Plat 9 - lnto Warrantg 11.8. Silverlake Plat 3.1 - lnto Warrantg 12. MINUTES 12.4. Februarg 20,2024 Minutes - Regular Citg Council Meeting 13. RESOLUTIONS 13.4. RESOLUTION - A Resolution of Eagle Mountain Citg, Utah, Appointing Kimberlg Ruesch as the Eagle Mountain lnterim Citg Treasurer 13.8. RESOLUTION - A Resolution of Eagle Mountain Citg, Utah Appointing Paula Buck as the Eagle Mountain Citg Deputg Treasurer [agle Mountain City Council Meeting - March 6,2024 Page 7 of 17
Consent agenda passed, two items pulled
The council passed its consent agenda covering a right-of-way land purchase, arena equipment, two bond releases, February minutes and two treasurer appointments, pulling two items out.
What it means: Housekeeping cleared in a single vote. The two items lifted out, including the recruitment consultants' contract, went to open discussion later in the evening.
passed wÍth a vote of 4:O wÍth one abstentÍon.
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember Wood moved to approve the consent agenda removÍng Ítems lO.C and l4.B and placÍng them as scheduled Ítems. CouncÍlmember Burnham seconded the motion. Those Voting Yes Those Voting No Those Abstaining Those Absent X tr n tr Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr tr tr Melissa Clark Melissa Clark Melissa Clark Melissa Clark tr tr X n Jared Grag Jared Grag Jared Grag Jared Grag X tr tr n Rich Wood Rich Wood Rich Wood Rich Wood X n tr tr Brett Wright Brett Wright Brett Wright Brett Wright
Recruiting consultants' contract put off
The council set aside a professional service agreement with recruitment consultants Jason Walker and David Kitchen rather than voting it up or down.
What it means: Hiring help for the city waits for a later meeting. Nothing here reaches a resident.
passed wÍth a unanÍmous vote.
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember Grag moved to table the professÍonal seruÍce agreement for recruÍtment consultants Jason Walker and Dauid KÍtchen. CouncÍlmember Clark seconded the motion. Those Voting Yes Those Voting No Those Abstaining Those Absent A tr tr E Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr D tr Melissa Glark Melissa Clark Melissa Clark Melissa Clark X tr n tr Jared Grag Jared Grag Jared Grag Jared Grag A tr tr tr Rich Wood Rich Wood Rich Wood Rich Wood X D n tr Brett Wright Brett Wright Brett Wright Brett Wright
Wendy's approved at 4302 Pony Express Parkway
A site plan for a Wendy's at 4302 Pony Express Parkway was approved, with conditions covering two trees on the north side, crosswalk lighting and building lights.
What it means: Drivers and neighbors near that stretch of Pony Express Parkway get a new restaurant, with a lit crosswalk on the site. Elsewhere in the city, no difference.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember WrÍght moved to approve the sÍte plan for the Wendg's Ranches 43O2 Pong Express Parkwag (Utah Countg Parcel #65:645:OOO4) wÍth the following condÍtÍons: 1. The applÍcant shall be permÍtted to alter the landscapÍng plan to provÍde two trees on the north sÍde of the propertg; 2. The pedestrian crosswalk shall be suffícÍentþ Ílluminated to complg wÍth Eagle MountaÍn MunicÍpal Code 17.75.O69 to promote safer and more effÍcÍent on-sÍte vehÍcular and pedestrian circulatÍon; and 3. The lighting on the buÍldÍng shall be complÍant wÍth Eagle Mountain MunÍcÍpal Code 17.56 Outdoor LÍghtÍng Standards. CouncÍlmember Grag seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent X tr tr tr Donna Burnham Donna Burnham Donna Burnham Donna Burnham X B tr tr Melissa Clark Melissa Clark Melissa Clark Melissa Clark A tr n tr Jared Grag Jared Grag Jared Grag Jared Grag X tr tr D Rich Wood Rich Wood Rich Wood Rich Wood X Brett Wright tr Brett Wright tr Brett Wright tr Brett Wright The motÍon passed with a unanÍmous vote. 15. PONY EXPRESS 27 15.4. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain Citg, Utah, Amending the General Plan from Communitg Commercial and Civic Uses/Schools to Neighborhood Residential Two ltems 15.4. and 15.8. were presented and discussed concurrentlg. Planner Steven Lehmitz explained that nothing had changed since the presentation of the item at the Februarg 20,2024 meeting and verified the item was postponed for review untilthis meeting because the applicant was unable to attend the previous meeting. Applicant representative Brian Haskell, speaking on behalf of the landowner, said since 20O4 when theg acquired the propertg, the owners have not had ang parties express interest in commercial development of the parcel, and commercial zoning adjacent to a wildlife corridor seems incompatible. Theg have received interest in townhomes and multifamilg projects which were not feasible due to topographg and other constraints. The owner felt there has been zoning of the propertg without proper notification and felt theg were not given formal notice of the expiration of the Ranches Master Plan. ln April 2OO8, the landowner put forward a project with 19O units rather than the vested 29O units. He continued to state in 2023, the Citg imposed commercial zoning on the propertg including the Wildlife Corridor Overlag Zone without proper notification. Theg felt the overlag needed clarification and there were problems with the implementation of the corridor on their propertg as there is no easement or deed exception. Without further discussion, understanding, and negotiation, theg felt the wildlife corridor could be considered a taking. The new proposal has 59 units without commercial use. The applicants encourage and urge the Council to accept their application to avoid them incurring further damages as theg have previouslg voiced objection to the rezoning of their propertg in2023. Citg Attorneg Marcus Draper clarified that in 2023, a process was initiated on this propertg to rezone it to Communitg Commercial that was tabled bg the Planning Commission and not brought back. No rezoning of the propertg occurred. The propertg is currentlg zoned Village Core. As a sophisticated partg, the applicant is responsible for knowing when their development agreements are expiring. His legal opinion is that the vesting of a specific number of units expired with the Ranches MDA. The wildlife corridor is not a taking as the ordinance provides for densitg transfer credits. Mr. Larsen explained that Village Core zoning contemplates commercial and residential development and the propertg was rezoned Village Core Commercial in 2OO8. Mr. Haskell stated that as the 2OOB rezone included 19O residential units, he believes the intention was to allow residential uses. Councilmember Burnham stated that as the application of the Wildlife Corridor Overlag Zone allows for negotiations, she feels it is inappropriate to call it a taking. The Citg understands that it is an ask and desires to work with applicants. She is not opposed to having commercial and residential but is opposed to onlg residential. The proposed number of units is too high for her comfort. Applicant representative David Crockett provided compang background about Pulte Homes and presented the concept plan for a single-familg, detached product RC Zone development with a walkable neighborhood with hiking and mountain bike trails, and improved open space. Theg feel it is the highest and best use for the propertg as the site has terrain challenges to providing large, flat areas for commercial buildings and parking. Theg are amenable to a condition of approval for a connection to the wildlife corridor and to coordinate with staff to incorporate the standards once the Wildlife Corridor Overlag Zone has been finalized. Theg are no longer seeking to purchase Citg propertg as the lots on the Citg parcel would need to be removed to accommodate the wildlife crossing and replaced with a cul-de-sac. Discussion ensued regarding the following: . Needing a secondaru access for more than 3O lots to meet fire and safetg code requirements; . The desire to retain commercial uses; . Safetg concerns with a proposed access on Pong Express Parkwag on a blind corner, the additional traffic near the school, and the proximitg of the house to a road that might need to expand in the future; and o The viabilitg and need for commercial in this area in the future as the area continues to be developed. Magor Westmoreland opened the public hearing at 8:47 p.m. Jeff Ruth concurred with concerns expressed bg the Councilmembers and spoke against permitting residential uses. Bettina Cameron speaking on behalf of the Eagle Mountain Nature and Wildlife Alliance commented theg do not intend for wildlife corridor preservation to be a taking from propertg owners. She appreciates Councilmember Burnham's clarification on the matter and suggested changes to the plan to prevent a taking. She advocated for the Citg to retain its propertg adjacent to the development as it is a part of the wildlife corridor. Eagle Mountain City úouncil Meeting - March 6,2024 Page i1 of 17 Magor Westmoreland closed the public hearing at 8:53 p.m.
General plan change for the same land denied
Alongside the zoning refusal, the council declined to change the general plan for the same parcels from community commercial and civic uses to neighborhood residential.
What it means: The city's long-range map still shows commercial and civic use for this ground. A housing-only project there would need a fresh application and a fresh argument.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmember Wood moved to deng an ordÍnance of Eagle MountaÍn Citg, Utah, amendÍng the General Plan Parcel Numbers 58:O4O:O326 and a portÌon of 58:O4O:O228 from Communitg CommercÍal and CÍvÍc Uses/Schools to NeÍghborhood ResÍdential Two from Communitg CommercÍal and CÍvÍc Uses/Schools to NeÍghborhood ResÍdential Two. Councilmember Grag seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent tr tr tr EX Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr tr D Melissa Clark Melissa Clark Melissa Clark Melissa Clark X tr n tr Jared Grag Jared Grag Jared Grag Jared Grag X tr tr tr Rich Wood Rich Wood Rich Wood Rich Wood A tr tr tr Brett Wright Brett Wright Brett Wright Brett Wright The motÍon passed wÍth a unanÍmous vote. 15.8. ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain Citg, Utah, Rezoning Utah Countg Parcel #58:O40:0326 and a portion of Parcel #58:O4O:O228 from Village Core Commercialand Communitg Open Space to RC Magor Westmoreland opened the public hearing at 8:56 p.m. Bettina Cameron requested that the Citg Council require addressing the needs of the wildlife corridor as a condition should theg elect to approve the item. Magor Westmoreland closed the public hearing at 8:57 p.m.
Rezoning of two parcels for houses denied
The council rejected a request to rezone one parcel and part of another from village core commercial and community open space to the RC residential zone.
What it means: That ground keeps its commercial and open space zoning, so the 59 houses the applicant proposed will not go ahead under this application. Nothing changes on the land itself.
passed wÍth a unanÍmous vote.
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmember Wood moved to deng an ordÍnance of Eagle MountaÍn CÍtg, Utah, rezonÍng Utah Countg Parcel #58:O4O:O326 and a portion of Parcel #58:O4O:O228 from Wlage Core CommercÍal and Communitg Open Space to RC. Councilmember Grag seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent El tr t tr Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr tr tr Melissa Clark Melissa Clark Melissa Clark Melissa Clark X Jared Grag E Jared Grag tr Jared Grag tr Jared Grag A tr D D Rich Wood Rich Wood Rich Wood Rich Wood A Brett Wright tr Brett Wright tr Brett Wright tr Brett Wright
Updated transportation impact fee adopted
An updated transportation impact fee on new development was adopted, along with rules for calculating it, collecting it and appealing it.
What it means: Whoever builds pays this at the permit counter, though the motion does not state the amount. If you are not developing land, nothing on your own bills moves.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmemþer WrÍght moved to approve an ordÍnance of Eagle MountaÍn Citg, Utah, adoptÍng an updated Ímpact fee enactment for a TransportatÍon lmpact Fee; provÍdÍng for the calculation and collectÍon of such fees; provÍdÍng for appeal, accountÍng, and severabÍliþ of the same; and other related matters. CouncÍlmember Wood seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent A n tr D Donna Burnham Donna Burnham Donna Burnham Donna Burnham X E tl tr Melissa Clark Melissa Clark Melissa Clark Melissa Clark X tr tr n Jared Grag Jared Grag Jared Grag Jared Grag A tr tr tr Rich Wood Rich Wood Rich Wood Rich Wood X tr tr tr Brett Wright Brett Wright Brett Wright Brett Wright The motÍon passed wÍth a unanÍmous vote. 16.8 ORDINANCE/PUBLIC HEARING - An Ordinance of Eagle Mountain Citg, Utah, Amending the Eagle Mountain MunicipalCode Chapter17.49 Wildlife Corridor Overlag Tone This item was presented and discussed prior to item 16.4. Wildlife Biologist/Environmental Planner Todd Black presented the item. He stated the changes to Eagle Mountain Municipal Code Chapter 17.49 was done to add claritg, add additional wildlife overlag zones, and amend existing overlag zones since the prior review bg the Citg Council. The standards were reviewed and recommended for approval bg the Planning Commission. His intent is to have Wildlife Corridor Overlag Zones cover several tgpes of corridors or uses in addition to the critical mule deer migration corridor. State and Federal agencies, not the Citg, impose and control restrictions for endangered species and their habitats. Once the Citg finalizes the distance, a hgdrological engineer will determine and mark the wash setback for developments. The Citg will need to work with developers and the MDAs to make adjustments to the corridor alignment. Councilmember Grag expressed concern that the fencing requirements impede the landowners' rights and usabilitg of their propertg for agriculture and livestock and create safetg and liabilitg issues. He desires a method for the landowners to propose alternative fencing that will accommodate both wildlife and livestock. The Citg Council discussed the standards and requested staff incorporate the following amendments to the standards prior to the adoption of the amendments at a future meeting: ¡ Amend the verbiage referencing the 2023 Transportation Master Plan to indicate the current Transportation Master Plan; . Add the overlag to the special use standards table rather than issuing conditional use permits; . Clarifg the definition of "agricultural activities" as the current wording could be misinterpreted as a prohibition against the construction of barns, loafing sheds, greenhouses, or other buildings; . Combine 17.49.O2O(A) and V.a9.O2O(B); o Amend 17.49.06O(G)(S) to allow the Citg Council to grant an exemption for an alternative fencing plan for agricultural uses on private propertg; . Remove 17.49.O8O(3) Homeowners'Association from the standards; ¡ Delineate between pets and livestock in 17.49.O8O(G) and have the restrictions and permissions determined bg the land use authoritg or follow the alternative animal management plan exception process as stipulated in 6.1O.08O; and ¡ Add language indicating that the Citg will mark the setback from the top of the wash and retain the information in a GIS database. Magor Westmoreland opened the public hearing at lO:17 p.m. Bettina Cameron, speaking on behalf of Eagle Mountain Nature and Wildlife Alliance, elaborated on the communitg group's suggestions to staff and the Council for amendments to the standards.
Wildlife corridor rules held for rewrites
A vote on updated wildlife corridor overlay rules was put off by the council until staff makes the changes members asked for.
What it means: Landowners inside the corridor keep building under today's rules until the item returns. Questions raised about fencing around livestock and setbacks from washes stay unsettled.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmemþer êrag moved to table an ordÍnance of Eagle MountaÍn CÍtg, Utah, amendÍng the Eagle MountaÍn MunÍcipal Code Chapter 17.49 WÍldlife CorrÍdor Overlag Zone. CouncÍlmember Burnham seconded the motÍon. Eagle l\ilountain City Council l\,leeting - March 6, 2024 Page 14 of 17 Those Voting Yes Those Voting No Those Abstaining Those Absent X El tr E Donna Burnham Donna Burnham Donna Burnham Donna Burnham X fl tr D Melissa Clark Melissa Clark Melissa Clark Melissa Clark A Jared Grag tr Jared Grag tr Jared Grag tr Jared Grag X D tr tr Rich Wood Rich Wood Rich Wood Rich Wood X Brett Wright tl Brett Wright El Brett Wright D Brett Wright The motÍon passed wÍth a unanÍmous vote. 17. ORDINANCES 17.A ORDINANCE - An Ordinance of Eagle Mountain Citg, Utah, Amending Eagle Mountain Municipal Code Sections 17.1O.03O Definitions, 16.5O.O2O Purpose, 16.5O.030 Application, and 16.50.O4O Approval Process Senior Planner Robert Hobbs presented the item. He stated the State's last legislative session included passage of House Bill #406. The bill introduced various edits to State law, including the allowance for a propertg line adjustment to be executed bg surveg in lieu of platting (via a plat amendment process) between a subdivision and an outlging parcel of ground. The amendment attached to this report introduces that allowance into Municipal Code in accordance with the State's action. Staff has revised the amendment's language bg inserting a disclaimer as desired bg the Council when this matter was last reviewed. The Planning Commission, during their regularlg scheduled public hearing of November 28,2023, moved to recommend approval to the Citg Council of Eagle Mountain Municipal Code conditioned as follows: 1. 17.1O.O3O Definitions language be approved as presented; 2. 16.50 Lot Line Adjustments language be approved as presented; 3. Staff shall add language in the appropriate section of 16.50.030 regarding requiring a legal description of the lot line change prepared bg a publiclg licensed survegor to be presented to the Citg Council; 4. 16.55.040 Approval Process and Exceptions language be approved with the changes that are presented in the staff report; and 5. Staff mag bring section 16.50.030, which was not included in the staff report, to the Planning Commission for additional review if theg feel it is necessarg. Councilmember Wood requested that the Citg devise a process to assist propertg owners with recognizing when a parcel has multiple zones. Mr. Draper stated that a notice could be recorded with the propertg containing information about the zoning. Councilmember Grag asked staff to amend 16.5O.O2O to add language clarifging the specific circumstances under which lot lines could be adjusted for adjacent properties. Discussion ensued regarding the lot line adjustment process and the possibilitg for associated fees of related processes being onerous and the inabilitg of the Citg to prohibit lot line adjustments that Eagle Mountain City Council Meeting - March 6, 2024 Page i5 of 17 cross ¡nto a different zone, but an application could be denied if the adjustment would cause the violation of another land use ordinance or regulation.
Lot line changes allowed by survey, not a plat
The council changed city code so a property line between a subdivision and an outlying parcel can be adjusted by survey instead of a plat amendment.
What it means: Shifting a boundary with a neighboring parcel now takes a survey rather than a full plat amendment. Staff will also record a zoning notice on the property, so future buyers can see when land sits in more than one zone.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember Burnham moved to approve an ordÍnance of Eagle Mountain CÍtg, Utah, amendÍng Eagle MountaÍn MunÍcipal Code SectÍons l7.lO.O3O DefÍnÍtìons, 16.50.020 Purpose, 16.50.030 ApplÍcatÍon, and 16.5O.O4O Approval Process. Councilmember Wright seconded the mot¡on. AMENDED MOTION: CouncÍlmember Burnham moved to approve an ordÍnance of Eagle Mountaìn CiA, Uþh, amendÍng Eagle MountaÍn MunÍcipal Code SectÍons l7.lO.O3O DefÍnÍtÍons, 16.50.020 Purpose, 16.50.030 ApplicatÍon, and 16.5O.O4O Approual Process directÍng staff to have a notÍce of the zonÍng recorded wÍth the propertg ÍnformatÍon. Councilmember WrÍght seconded the motÍon. Those Voting Yes Those Voting No Those Abstaining Those Absent X tr tr n Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr tr tr Melissa Clark Melissa Clark Melissa Clark Melissa Clark n tr A n Jared Grag Jared Grag Jared Grag Jared Grag X tr tr tr Rich Wood Rich Wood Rich Wood Rich Wood X tr tr tr Brett Wright Brett Wright Brett Wright Brett Wright The motÍon passed wÍth a vote of 4:O wÍth one abstention.
Meeting recessed at 10:57 p.m.
The council recessed for the night at 10:57 p.m.
What it means: This is the clock stopping on a long agenda. Nobody outside the council chamber is touched by it.
Outcome not recorded
No roll call was recorded for this motion.
The motion as the minutes record it
CouncÍlmember Grag moved to recess the meetÍng at lO:57 p.m. CouncÍlmember Clark seconded the motion. Those Voting Yes Those Voting No Those Abstaining Those Absent X tr tr El Donna Burnham Donna Burnham Donna Burnham Donna Burnham X tr tr t Melissa Clark Melissa Clark Melissa Clark Melissa Clark X tr n tr Jared Grag Jared Grag Jared Grag Jared Grag X E tr tr Rich Wood Rich Wood Rich Wood Rich Wood A tr tr D Brett Wright Brett Wright Brett Wright Brett Wright The motÍon passed w¡th a unanÍmous vote.