CITY OF OREM

CITY COUNCIL MEETING

56 North State Street Orem, Utah

October 24, 2006

5:00 P.M. STUDY SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Les Campbell, Dean Dickerson, Karen A. McCandless, Stephen E. Sandstrom (arrived at 5:25 p.m.), Mark E. Seastrand, and Shiree Thurston

APPOINTED STAFF Jim Reams, City Manager; Richard Manning, Assistant City Manager; Paul Johnson, City Attorney; Jeff Pedersen, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Karl Hirst, Recreation Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

ADJOURN TO CLOSED-DOOR MEETING – Property Acquisition

Mrs. McCandless moved to adjourn to a closed-door meeting to discuss property acquisition pursuant to Section 52-4-5(1)(d) of the Utah Code Annotated. Mr. Campbell seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

The meeting adjourned at 5:15 p.m.

CLOSED-DOOR SESSION –Property Acquisition

A closed-door session was held at 5:15 p.m. to discuss property acquisition pursuant to Section 5245(1)(d) of the Utah Code Annotated. Those in attendance were Mayor Jerry C. Washburn, and Councilmembers Les Campbell, Dean Dickerson, Karen McCandless, Stephen Sandstrom (arrived at 5:25 p.m.), Mark Seastrand, and Shiree Thurston; staff members Jim Reams, Richard Manning, Paul Johnson, Jeff Pedersen, Bruce Chesnut, Karl Hirst, Donna Weaver, and Rachelle Conner.

The meeting adjourned at 5:40 p.m.

The Study Session resumed at 5:40 p.m.

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items.

The Council adjourned at 5:55 p.m. to the City Council Chambers for the regular meeting.

6:00 P.M. REGULAR SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Les Campbell, Dean Dickerson, Karen A. McCandless, Stephen E. Sandstrom, Mark E. Seastrand, and Shiree Thurston

APPOINTED STAFF Jim Reams, City Manager; Richard Manning, Assistant City Manager; Paul Johnson, City Attorney; Jeff Pedersen, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Karl Hirst, Recreation Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

PLEDGE OF ALLEGIANCE Chris Cheney

INVOCATION /

INSPIRATIONAL THOUGHT Councilmember Thurston

APPROVAL OF MINUTES

City Council Retreat of October 3-4, 2006, and the City Council Meeting of October 10, 2006

Mrs. Thurston moved to approve the minutes of the October 3-4, 2006, City Council Retreat, and the October 10, 2006, meeting of the Orem City Council. Mr. Seastrand seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

Upcoming Events

The Mayor referred the Council to the upcoming events listed in the agenda packet.

Upcoming Agenda Items

The Mayor referred the Council to the upcoming agenda items listed in the agenda packet.

Appointments to Boards and Commissions

Mayor Washburn recommended that Richard Jackson be reappointed to serve on the CDBGCitizen’s Advisory Commission.

Mr. Campbell moved to reappoint Richard Jackson to serve as a member of the CDBG Citizen’s Advisory Commission. Mr. Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

Recognition of New Neighborhoods in Action Officers

No new Neighborhood in Action officers were recognized.

AWARD – Certificate of Achievement for Excellence in Financial Reporting – Brandon Nelson

Laurie Harvey, President of the Utah Government Finance Officers Association, presented a Certificate of Achievement for Excellence in Financial Reporting to Mayor Washburn. She advised this is the eighteenth straight year that the City of Orem has received this award. It is the highest form of recognition that is given in the area of governmental accounting and financial reporting. The attainment of this award represents a significant accomplishment by a government and its management.

Mayor Washburn then presented the Certificate of Achievement Award to Brandon Nelson, Accounting Division Manager for Orem City. Mayor Washburn expressed appreciation to the Accounting Department for the quality of their work.

Ms. Harvey recognized Jeff Pedersen, Administrative Services Director; and Jim Reams, City Manager; for their support of the Administrative Services Department. She indicated that this award is indicative of a well-run city.

PERSONAL APPEARANCES

Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.

Bill Rouse, Lakeview Neighborhood chair, advised that an Eagle Scout has been working on a project to reduce the speed on 1800 South. Electronic signs that post vehicle speeds have been placed on poles on 1800 South, and they have really helped with the speed problem in that area. He suggested that the staff should look into this for other areas in Orem and advised that the scout should be given an award for his ingenuity.

Mr. Reams noted that the speed signs are temporary in nature. They are used to raise the awareness of vehicle speed. The scout has been working with the City Traffic Engineer to judge the results of these signs. The first results showed that the traffic has slowed down. The question they are trying to determine is whether it is sustainable. It may be something the City can look at for other areas if it proves successful.

Harry McKinley, citizen, indicated that he has had forty-six years in political life. Each year he has tried to find an issue that might impact the nation and the citizens. This year he is focusing on cutting the fuel consumption for vehicles. Mr. McKinley advised that billions of United States dollars each year are spent on foreign oil, and that money has been used to fund terrorism worldwide. He would like the citizens to reduce their speed, avoid “jack-rabbit” starts and stops, and keep vehicle engines tuned and tires inflated. This would save citizens up to $945 each year in fuel costs.

CONSENT ITEMS

There were no consent items.

SCHEDULED ITEMS

6:15 P.M. PUBLIC HEARING – Kathy Simkins and Oscar Saldana

ORDINANCE – Amending Section 22-21-2 of the Orem City Code Pertaining to SpecialExceptions for Constructing a Multifamily Dwelling

Stanford Sainsbury, Director of Development Services, presented a Planning Commission recommendation that the City Council, by ordinance, amend Section 22-21-2 of the Orem City Code pertaining to special exceptions for constructing a multifamily dwelling.

The applicants request the City amend the ordinance regulating multifamily dwellings, each with a unique circumstance pertaining to their properties. The first applicant has a vacant lot in a platted subdivision and is surrounded on all property lines by multifamily dwellings. The second applicant has a developed parcel with a single-family dwelling but is the only lot on the city block that does not have a multifamily dwelling. The proposed changes, if approved, will allow each to build a multifamily dwelling. However, the proposed changes shown below affect lots citywide, not just for the applicant’s properties. Staff estimates there are eight other parcels in the city that fit the proposed criteria.

Criteria for Special Exception

The Board of Adjustment may grant a special exception for a multifamily dwelling for a parcel in the R6, R6.5, or R7.5 zones only, under the following circumstances:

A. The lot meets all of the following criteria:

1. At least fifty percent of the front and side property lines of the lotare located directly across the street from or adjacent to a multifamily dwelling, a PRD in single ownership, or a commercial development;

2. The front of the lot is oriented in the same direction as at least one adjacent lot containing an existing multifamily dwelling or PRD in single ownership;

3. The lot is at least eight thousand square feet and not more than twenty thousand square feet;

4. The lotwidth is equal to or greater than the minimum lot width required for the zone in which the lot is located;

5. The lot has not been previously developed;

6. The lot is a legal lot of record, does not contain any structures, and is not within a recorded subdivision plat; and

7. The lot was in existence on November 1, 1999, and has not beensubdivided subsequent to that date.

B. The lot is surrounded on all property lines (including across the street) by multifamily dwellings and complies with Section 22-21-2(A)(3) and (7); or

C. The lot is located on a city block where all other lots are occupied by multifamily dwellings and complies with Section 22-21-2(A)(3) and (7). For purposes of this section, a city block is defined as an area that is completely surrounded by public streets.

No multifamily dwelling shall be constructed under this exception until all other primary structures on the lot have been removed.

Mr. Sandstrom stated a few years ago in a City Council meeting he thought there was a density limitation with the parcel on 100 West. The parcel developing as multifamily might put the density too high. Mr. Sainsbury explained that he does not remember that meeting; however, the lots are now individually owned, and the applicant would be allowed to build a multifamily unit if the City Council were to amend the ordinance.

Mayor Washburn opened the pubic hearing.

Oscar Saldana and Kathy Simkins, applicants, introduced themselves. Ms. Simkins noted that her lot has become a dumping ground for garbage and abandoned vehicles. She would like to get the area cleaned up by developing that lot.

Mr. Saldana noted that the units being built in his neighborhood are very nice. His home is old and does not fit in with the rest of the neighborhood. He would like to tear down the home and build a multifamily dwelling that would blend with the area.

Mayor Washburn closed the public hearing.

Mr. Campbell moved, by ordinance, to amend Section 22-21-2 of the Orem City Code pertaining to special exceptions for constructing a multifamily dwelling. Mrs. McCandless seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

6:30 P.M. PUBLIC HEARING

ORDINANCE – Vacating the Southern Half of 960 North 1610 West

The applicant requested this item be continued.

Mr. Seastrand moved to continue this item until November 14, 2006, at 7:15 p.m. Mr. Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

6:30 P.M. PUBLIC HEARING

ORDINANCE –Amending Section 22-19-1(A) and Appendix A, by enacting Standard Land Use (SLU) Code 6413, Automobile Repair

Mr. Sainsbury presented a Planning Commission recommendation that the City Council, by ordinance, approve the proposed amendment to Section 22-19-1(A) and Appendix A, by enacting SLU Code 6413, Automobile Repair of the Orem City Code, to be a permitted use in the C2, HS, M1, and M2 zones.

This request corrects an oversight in the recent modification to Appendix A, which eliminated SLU 6400 All Automobile & Repair Services, NEC as a standard land use code used to classify all auto repair businesses in the city. The proposed amendment will add a specific SLU Code dealing with Automobile Repair.

The proposed amendment to Appendix A is outlined below:

SLU / R5 / R6 / R6.5 / R7.5 / R8 / R12 / R20 / OS5/ROS / PO / C1 / C2 / C3 / HS / M1 / M2 / CM / BP /
6413 / Automobile Repair / N / N / N / N / N / N / N / N / N / N / P / N / P / P / P / N / N

Mayor Washburn opened the public hearing. No one came forward to speak, so the Mayor closed the public hearing.

Mr. Seastrand moved, by ordinance, to approve the proposed amendment to Section 22-19-1(A) and Appendix A, by enacting SLU Code 6413, Automobile Repair of the Orem City Code, to be a permitted use in the C2, HS, M1, and M2 zones. Mrs. McCandless seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

6:45 P.M. PUBLIC HEARING – Simmons Outdoor Media

ORDINANCE –Amending Section 14-3-3 of the Orem City Code Pertaining to Relocating Billboards

Mr. Sainsbury presented a Planning Commission recommendation that the City Council, by ordinance, amend Section 14-3-3 of the Orem City Code relating to relocating outdoor advertising or billboards.

Simmons Outdoor Media requests a change to the City Code to allow billboards located along 800North and Center Street to be relocated to the west side of Interstate 15 (I-15) in the M2 zone. The ordinance currently allows billboards to be removed from State Street and Geneva Road and relocated to I-15 but not relocated from Center Street and 800 North. Simmons Outdoor Media has billboards along West Center Street and Reagan Outdoor Advertising has one billboard on 800North. This proposal would allow each to remove the billboards and relocate them on a square foot for square foot basis along the west side of I-15 in the M2 zone.

14-3-3 Specific Regulations by Sign Type

Billboard Signs

3. One or more billboard signs located adjacent to State Street, Geneva Road, Center Street, or 800North may be exchanged by the owner of the billboard (but no other person or entity) for a new billboard sign to be located adjacent to I-15 in the M2 zone provided that the total square footage of the sign(s) removed is equal to or greater than the square footage of the new sign(s) adjacent to I-15.

Mr. Seastrand questioned whether any new billboards could be located on those streets. Mr. Sainsbury advised that no new billboards can be placed anywhere in the city.

Mr. Seastrand then asked if any of the billboards were moved to I-15 after the first ordinance was passed. Mr. Sainsbury replied that to his knowledge no signs have been moved.

Windy Cooke, Simmons Outdoor Media, advised that they would be removing eight signs from the city and would place them along I-15.

Mayor Washburn opened the public hearing. No one came forward to speak, so the Mayor closed the public hearing.

Mr. Sandstrom moved, by ordinance, to amend Section 14-3-3 of the Orem City Code relating to relocating outdoor advertising or billboards. Mr. Seastrand seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mr.Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.