CITY OF OREM
CITY COUNCIL MEETING
May 25, 2004
5:00 P.M. STUDY SESSION
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers Les Campbell, Dean Dickerson, Douglas R. Forsyth, Karen A. McCandless, Stephen E. Sandstrom, and Shiree Thurston.
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Jeff Pedersen, Administrative Services Director; Bruce Chesnut, Public Works Director; Mike Larsen, Public Safety Director; David Stroud, City Planner; Donna Weaver, City Recorder; and Lori Gray, Office Clerk.
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
Mr. Larsen suggested the Council consider reducing the number of members for the Human Relations Advisory Commission. It is a large body, which can be cumbersome. Several members have recently moved out of Orem or resigned, and there are only four members right now. They have been struggling with what to do now that their ESOL (English for Speakers of Other Languages) project has been completed.
Mr. Forsyth said he has observed some similar problems with other commissions. Perhaps the Council should review the status of all of them to see if they need more direction.
Mrs. Thurston expressed concern about citizens serving on multiple advisory commissions at the same time. She said the City should limit resident to only one commission seat at a time.
CITY COUNCIL NEW BUSINESS
Mayor Washburn
Mayor Washburn indicated that an item for discussion during the next Orem/Provo joint meeting should be the issue of a shooting range built by Provo City. The sound is a problem for adjacent neighbors who live in Orem.
There is property in the area around 1600 North 1200 West that is being looked at for a mixed-use project. The Council turned down an application a few years ago in that area, and it might be a good idea to consider the General Plan designation for it. He suggested a special meeting for later in the summer.
Councilmember Forsyth
Mr. Forsyth inquired about the status of a new well. Mr. Chesnut said it is not planned for another five or six years and would be located up around Palisade Drive.
Councilmember McCandless
Mrs. McCandless expressed concern about video billboards, indicating they could become more prolific as the technology gets less expensive. The Council may want to consider more regulation for them.
Mr. Johnson stated the Council could require spacing limitations for video billboards. He suggested looking at what other cities have done to regulate them.
Mayor Washburn commented that the Council could consider signage when it takes its tour of State Street.
When Mr. Forsyth inquired about putting a “sundown law” in place relating to signs on State Street, Mr. Johnson stated it would be difficult.
Mrs. McCandless reflected that billboards have more rights in this state than people do.
Councilmember Dickerson
Mr. Dickerson asked if there was a law against a public officer endorsing a candidate, and Mr. Johnson said there is no such a law.
CITY MANAGER INFORMATION ITEMS
Mr. Reams remarked that he has been approached by a Brigham Young University (BYU) professor about the possibility of entering into a sister city relationship with a city in Germany. Orem’s association with Urumqi, China seems to have been mostly about economic development for the Chinese city. He noted it can be quite a financial burden on citizens and elected officials if they must pay the entire cost for traveling to the sister city.
Mr. Campbell observed that sister city relationships look good in the press, but Orem should get something out of them.
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, Douglas R. Forsyth, Karen A. McCandless, Stephen E. Sandstrom, and Shiree Thurston.
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Bruce Chesnut, Public Works Director; Mike Larsen, Public Safety Director; David Stroud, City Planner; Donna Weaver, City Recorder; and Lori Gray, Office Clerk.
PLEDGE OF ALLEGIANCE Garrett Bergen
INVOCATION /
INSPIRATIONAL THOUGHT Debbie Spackman
APPROVAL OF MINUTES
The minutes were not available for approval at this time.
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
The Mayor did not make any appointments at this time.
Recognition of New Neighborhoods in Action Officers
No new Neighborhoods in Action officers were recognized.
YOUTH CITY COUNCIL
Kristin Johnson said the Youth City Council was able to participate in the March of Dimes Walkathon and will be involved in the Memorial Day program.
Mrs. Thurston noted the Youth City Council has been working on the flag program.
REPORT – Planning Commission
LaVar Richmond, Planning Commission vice chair, introduced Commission members Debbie Spackman and Ida Smith, who were also in attendance. Mr. Richmond explained that Richard Rawson, the Planning Commission chair, was out of town and had prepared a letter for the Council. Mr. Richmond read the letter, which addressed the following:
Planning Commission statistics for 2003
Planning Commission membership changes for 2003
Appreciation for training received at a national planning conference
Importance to remain an independent, nonpolitical entity
Concern about the current sign ordinance
Protecting residential areas from commercial creep
Concern that Planning Commission authority is being eroded as delegated responsibilities—such as fencing approvals—are eliminated
Appreciation for the help of excellent City staff
Gratitude for Council support
Ms. Spackman remarked that she has concerns about the number of PD zones that have been coming through the process lately.
Mayor Washburn said the Planning Commission, by law, has a different role than the City Council. While there are times the City Council reaches a different decision than the Planning Commission, the City Council looks very closely at the Planning Commission’s input on issues. The Mayor said it would be interesting to track the number of items being considered by the Planning Commission and the City Council to see if there is a downward trend. He expressed gratitude to the Planning Commission members for their service and dedication.
Mrs. McCandless voiced appreciation for the Planning Commission members. They put a lot of time and effort in their work.
POSTPONEMENT OF PUBLIC HEARINGS
Mrs. McCandless moved to postpone the public hearings to the normal flow of the meeting. Mr. Forsyth seconded the motion. The motion passed unanimously.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
The Pleasant Grove royalty and rodeo royalty invited the Council to attend Strawberry Days on June14-19, 2004. They reviewed the various activities and presented the Council with strawberry fruit tarts.
Mayor Washburn commented that the Pleasant Grove Strawberry Days Rodeo is a tradition for his family.
CONSENT ITEMS
Mr. Sandstrom moved to approve the following consent items. Mr. Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.
RESOLUTION – Authorizing Disbursement of Federal Forfeiture Funds to Utah County Major Crimes Task Force
AGREEMENTS – Real Estate Purchase Contracts to Acquire Vacant Portions of the Rear Lots of Property at 343 East and 351East 720South
SCHEDULED ITEMS
6:15 PUBLIC HEARING – ORDINANCE – Brooklyn PRD Amending Section 2253-(A) and the Zoning Map from R7.5 to PRD at 717 East 1600 South.
David Stroud, City Planner, presented to the Council a recommendation to amend Section 22-5-3 (A) and the Zoning Map of the City of Orem by changing approximately 2.5 acres of property from the R7.5 zone to the PRD zone at 717 East 1600 South. He indicated the applicants are requesting a rezone to the PRD zone for the purpose of building 18 units of attached and detached housing. The PRD zone may be applied at a density of 8 units per acre for this property. The applicants’ proposal is 7.2 units per acre.
This property was recently denied a rezone request by the City Council for a PD zone. The Code does not permit a rezone request within one year for the same property unless the Planning Commission finds the request is substantially different than the previous request. The Planning Commission has determined this request is substantially different than the previous request.
There was good neighborhood support of this request. It was stated in the Planning Commission meeting that this was the type of development and density the residents are willing to support.
The applicant has signed a development agreement limiting the project to 7.2 units per acre. The Planning Commission is satisfied with this.
Mayor Washburn invited the applicants to address the City Council.
Chad Astle and Brady Deucher reviewed photographs of homes at 300North and 550 East in the Evergreen East development. Mr. Astle reported that Jim Smart had built the homes, and this is the style of home they are interested in. Both are shown in the concept plan. Mr. Astle and Mr. Deucher have visited every PRD in the city since last December to determine the types of homes they like. They took pictures and showed the neighbors who said they were in favor of the pictures. They had an informal neighborhood meeting. The applicants toured the homes, and they liked the 2,700square feet single-family style. They have done plenty of homework and like this style. The petition sent around the neighborhood was received well and the neighborhood gave them 100percent support.
Mayor Washburn opened the public hearing.
Mr. Craig Palmer, 835 East 1450 South, neighborhood chair, said he was speaking for the neighborhood and is in favor of the decision. There are two differences between this project and the first one; the cost is not nearly as much, and it tends to draw more permanent residents. He appreciates that the system works and staff’s hard work.
Ms. Rosyln Palmer, 666 East 1600 South, commented how she appreciates everyone’s patience through this process. She asked to see a copy of the development agreement. The residents appreciate the time spent on this new proposal; they can live with this development. They feel this proposal is better for their neighborhood.
Mayor Washburn closed the public hearing.
Mrs. McCandless thanked Mr. Astle and Mr. Deucher and the neighbors. She feels she can vote for this proposal because it complies with the General Plan, and this will be a good asset to the neighborhood.
Mr. Forsyth expressed concern about the exit plans for the neighborhood. He asked how garbage trucks and fire trucks could turn around in the neighborhood.
Mr. Stroud explained there is a turn around provided, and Larry Ballard, the Fire Marshall, approved it.
Mayor Washburn stated he concurs with what has been said tonight. These are not easy decisions, so it is good to find some kind of compromise. He wants something that is good for everyone. He thanked the applicants for their proposal.
Mrs. McCandless moved, by ordinance, to amend Section 22-5-3 (A) and the Zoning Map of the City of Orem by changing approximately 2.5 acres of property from the R7.5 zone to the PRD zone at 717East 1600 South because (1) it is in the best interest of the public; and (2) it complies with the General Plan. Mr. Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.
6:15 PUBLIC HEARING – ORDINANCE – Greenwich PRD – Amending Section 22-5-3-(A) and the Zoning Map from R6.5 and HS to PRD at 400 North 1200 West.
Mr. Stroud reviewed with the Council a recommendation to approve an amendment to Section2253 (A) and the Zoning Map of the City of Orem by rezoning 3.25 acres of property from the R6.5 zone and the Highway Services (HS) zone to the PRD zone for property generally located at 400North 1200 West. He noted the applicants are requesting a rezone to PRD for the purpose of building 53units of attached housing. The PRD zone may be applied at a density of 16 units per acre for property located between 1200 West and Interstate 15. The buildings proposed to be constructed reflect a similar project of three-story buildings (Newport Village) that is under construction to the south.
Area residents at the neighborhood meeting voiced some concern for the rezone but their questions were answered by the applicants. However, Mr.Sorenson, who owns a business across the street which involves painting, was worried complaints about paint fumes may cause him to shut down his business. The neighborhood chair, Tai Riser, stated the residents were excited about the project, feeling the development would act as a buffer between their homes and I-15.
Mr. Forsyth asked about the need for a parking structure, and Mr. Deucher replied that one would not be necessary.
Mayor Washburn opened the public hearing.
Karen Anderson, 1135 West 600 North, stated the agenda misquoted the neighborhood chair as being in favor of this project. Ms. Anderson indicated the neighbors are resigned to the project and are concerned with the increased density. There is already high density residential in the area, and its population is not stable.
Mayor Washburn commented that these are legitimate concerns. This area by I-15 is a hard area for development. The Council must consider how a proposed zone change would impact an area compared to the existing zone. He asked about the difference in traffic volume for this project as opposed to the uses permitted in the HS zone.
Mr. Stroud said he does not have the traffic numbers. Staff feels that many of the HS zone permitted uses would have a greater impact on neighbors than residential would.
In response to a query from Mr. Forsyth about how the businesses around this property are doing, Mr.Deucher indicated the neighbors are disappointed with some of those businesses. He said that Ms.Anderson is the first person he has spoken with who is not excited about this proposal. There is no support at the neighborhood level for commercial development on this property. Mr. Deucher added that they did a traffic study and concluded that residential would have less traffic than commercial.