CITY OF OREM
CITY COUNCIL MEETING
56 North State Street Orem, Utah
January 10, 2017
4:00 P.M. WORK SESSION – LIBRARY MEDIA ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and David Spencer
APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Bill Bell, Development Services Director; Karl Hirst, Recreation Department Director; Chris Tschirki, Public Works Director; Scott Gurney, Fire Department Director; Gary Giles, Police Department Director; Charlene Crozier, Library Director; Jason Bench, Planning Division Manager; Neal Winterton, Water Division Manager; Sam Kelly, City Engineer; Steven Downs, Assistant to the City Manager; and Jackie Lambert, Deputy City Recorder
EXCUSED Brent Sumner
DISCUSSION – Water Quality / Nutrients
Mr. Tschirki introduced guest presenters Leland Myers, Plant Operator and Manager of Central Davis Sewer District, and Dr. Theron Miller, formerly with the Utah Division of Water Quality (UDWQ) and currently with the Jordan River/Farmington Bay Water Quality Council. Mr. Tschirki excused Erica Gaddis with the UDWQ due to a family emergency. Mr. Tschirki said Orem was part of the Wasatch Front Regional Council for Water Quality and Hydrology, along with many other entities including Provo City, Timpanogos Special Service District, Salt Lake City, etc. This coalition was formed to help develop the science for the ecological study of Utah Lake and other water sources in the basin. He said the UDWQ was heavily regulated by the United States Environmental Protection Agency (EPA) and there were some specific directives that the City was required to meet.
Mr. Myers provided a high level overview of the health and life of Utah Lake, the nutrients found in the water and the stringent regulations from the UDWQ and the EPA. He said the EPA had sent out a memorandum last fall, the subject of which was a renewed call to action to reduce nutrient pollution and support for incremental actions to protect water quality and public health. In the memorandum, it stated:
“Nutrient pollution remains one of the greatest challenges to our Nation’s water quality and presents a growing threat to public health and local economies – contributing to toxic harmful algal blooms, contamination of drinking water sources, and costly impacts on recreation, tourism and fisheries. Recognizing the important roles, responsibilities and authorities of all levels of government, industries, agriculture, nongovernmental organizations, academia and the public, the Office of Water will continue to foster and support partnerships and collaboration which are critical to making sustained progress on reducing this significant threat to water quality and public health.”
Mr. Myers explained that nutrients provide critical support for both stream and lake food webs, however excess accumulation of nutrients – particularly nitrogen and phosphorus – caused numerous water quality problem including degraded aquatic life, drinking water, and recreation uses. He said Utah Lake was not immune to these issues, and had had problems with algae blooms and higher concentrations of problematic nutrients. There had even been a dog that had died after exposure to the water.
Mayor Brunst asked about the autopsy of the dog and if the cause of death was confirmable. Mr. Myers said officially the dog’s death had been ruled an anomaly of the heart, but the State maintained that exposure to the lake had been part of the problem.
Mr. Tschirki said that everyone wanted clean water that could also be used for recreation, but it needed to be determined how to get the best “bang for the buck” in terms of treatment facilities. He said treatment facilities were in need of upgrades to help combat these issues, but rebuilding or retrofitting had its costs.
Mr. Myers said this was a complex issue and was not easily understood, but he added that he did not believe the problems were as bad as some people said they were. He said the existence of humanity meant that ecosystems would continue to change, and while it would likely be impossible to return water sources to their native state they could work to return the water to the best state possible. One problem was a lack of funding to make these necessary changes. He commended Orem for being a forward-thinking city, as Orem had already met the new 2020 phosphorus requirement. He said Orem’s numbers were incredibly low compared to the State average.
Dr. Theron Miller said he had been studying Utah Lake for around 40 years. He said the critical questions from the Wasatch Front Water Quality Council were as follows:
· What are the accurate nutrient loads to Utah Lake?
· What is the bioavailability of phosphorus in the lake?
· What else besides phosphorus limits algal growth in Utah Lake?
· What conditions promote cyanobacteria blooms?
· Can nutrient reduction reduce blooms?
· Is Utah Lake aquatic life really impaired due to phosphorus?
Dr. Miller said he had seen a paleostudy of sediment cores pre-settlement time, and these issues had existed for many years into the past. The algal bloom was so pervasive pioneers could practically reach into the lake and grab a fish to pull out.
Mayor Brunst asked how the problematic nutrients got into the lake. Mr. Myers said it could be from the air or naturally occurring or any number of things, which made it more difficult to control. In response to Mayor Brunst’s question, Mr. Myers said they had done a lot of work at Deer Creek to lower their levels of toxicants. He said these caused reduced water amounts which also led to the water being warmer. That was sometimes the cause of the problem. He said it was not right to sit back and let things happen, but the cost was a major concern for cleaning up the lake. They would continue to try new processes and use new scientific procedures to solve these problems, but nutrient pollution was a nationwide concern. He would not be surprised if the EPA continued to raise the standards on an annual basis, which would compel cities to be compliant.
Mr. Davidson asked if the science of these raised standards had been proven. He said it would be challenging to follow costly regulations when they were not sure the solutions would truly alleviate the problems. Mr. Myers said the science was good, but people did have differences of opinion on the interpretation of certain data.
There was subsequent discussion about ways to reduce evaporation and improve salinity in Utah Lake, bridges or causeways over the lake, temperature levels affecting nutrient pollution and other uncontrollable factors, costs of updating water treatment plants, and expanding water reuse infrastructure.
Mr. Myers again stated that Orem had done very well managing this issue. Mr. Tschirki said they were talking to the State about receiving credits for compliance with pollution standards. They hoped that would be an option. Mr. Tschirki said he would provide the presentation to the Council and asked them to send him any questions or feedback they may have. He said they may have another presentation in the not too distant future for Ms. Gaddis to attend and share her expertise.
5:00 P.M. STUDY SESSION – LIBRARY MEDIA ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and David Spencer
APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Bill Bell, Development Services Director; Karl Hirst, Recreation Department Director; Chris Tschirki, Public Works Director; Scott Gurney, Fire Department Director; Gary Giles, Police Department Director; Charlene Crozier, Library Director; Steve Earl, Deputy City Attorney; Jason Bench, Planning Division Manager; Steven Downs, Assistant to the City Manager; and Jackie Lambert, Deputy City Recorder
EXCUSED Brent Sumner
Preview Upcoming Agenda Items
Staff presented a preview of upcoming agenda items.
Agenda Review
The City Council and staff reviewed the items on the agenda.
City Council New Business
Mr. Davidson said they were planning to schedule the City Council retreat for the weekend of March 3-4, 2017. He would let the Council know about the specifics as the retreat drew near.
Mr. Tschirki said the Public Works Advisory Commission (PWAC) had some good discussions relative to UTOPIA. They were starting to better appreciate the challenge the City was facing after hearing updates from the legal and financial experts. He said the PWAC was asking for greater definition from the City Council on what they should be tackling. Was it the financial concerns? Was it extending the reach and buildout in the community? Was it developing alternatives as a city? Mr. Tschirki hoped to take some specific direction back to the PWAC so they could discuss and be helpful to the City Council.
Mr. Macdonald suggested that a list be provided to the Council that they could prioritize and then the PWAC could work from there.
Mr. Lentz said he had previously sent an email to the Council asking about their UTOPIA priorities and had no responses, so he worried that might not be the most effective way to gather information.
Mr. Tschirki suggested an anonymous survey ranking different priorities. He recognized that it was a challenging topic and the anonymity might make them feel more comfortable speaking openly. He said he would look into the option and get back with the Council.
There was subsequent discussion about the City’s health insurance costs. Mr. Davidson said they had elected to stay with United Health Care based on the previous year’s claims. He also thanked the City Council for the gift they provided employees during the Christmas holiday season.
Mr. Macdonald wanted to point out that while the City Council was quick to approve the gift for the employees, it was Mr. Davidson’s suggestion that the gift be given in the first place. He said they were grateful to Mr. Davidson for that suggestion and for his thoughtful leadership.
Mayor Brunst provided a brief update on the Provo/Orem TRIP project. He said the federal funding had come through and the bond from the County was signed so the project would be moving forward to a greater extent. He said the involved lawsuit was still pending.
Mr. Stephens said they had responded to the initial petition and there would be hearing the following Tuesday as a preliminary step toward trial.
The Council adjourned 5:57 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION – COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and *Brent Sumner (*attended electronically)
APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Bill Bell, Development Services Director; Karl Hirst, Recreation Director; Chris Tschirki, Public Works Director; Scott Gurney, Fire Department Director; Gary Giles, Police Department Director; Charlene Crozier, Library Director; Jason Bench, Planning Division Manager; Ryan Clark, Economic Development Division Manager; Steven Downs, Assistant to the City Manager; Pete Wolfley, Communications Specialist; and Jackie Lambert, Deputy City Recorder
INVOCATION /
INSPIRATIONAL THOUGHT James Fawcett
PLEDGE OF ALLEGIANCE Boy Scout Nathan Kwan
APPROVAL OF MINUTES
Mr. Spencer moved to approve the minutes from the December 13, 2016 City Council Meeting. Mr. Seastrand seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. 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.
Appointments to Boards and Commissions
Mr. Lentz moved to appoint Kenneth Ransom and Russell Bird to the CDBG Advisory Commission. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
Mr. Lentz moved to appoint Marsha K. Cerny to the Library Advisory Commission. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. 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. Those wishing to speak should have signed in prior to the meeting, and comments were limited to three minutes or less.
No one signed up to make a personal appearance.
CONSENT ITEMS
There were no Consent Items.
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARINIG – Mountain Valley Estates Rezone
ORDINANCE – Amending the Orem General Plan land use map by changing the designation from Low Density Residential to Medium Density Residential and amending Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning 0.31 acres from the R8 zone to the R6 zone at 860 West 1860 North
Mr. Bench presented a request from Ballard and Leahmary Pead that the City amend the Orem General Plan land use map by changing the designation from Low Density Residential to Medium Density Residential and amend Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning 0.31 acres from the R8 zone to the R6 zone at 860 West 1860 North.
The applicants owned a large lot which contained a house currently under reconstruction. The plan had been to subdivide the lot and complete 880 West which was stubbed on the north and south side of the subject lot. With the completion of 880 West lots would be available on the east and west side of the road. The west side was large enough to plat two lots in the R8 zone. The east side, however, was not large enough for two lots in the R8 zone and would exist as an approximate 13,000 square foot lot if subdivided. The lot would be very wide (158 feet) and shallower (85 feet) than a typical residential lot. The area of the potential 13,000 square foot lot was the subject of this rezone request.
Instead of one lot, the applicant would like to subdivide the lot into two lots, but would first need to rezone the property to a smaller residential zone. The current R8 zone on the property would permit only one lot because the potential lot was less than 16,000 square feet which was needed for two lots. If the zone was changed to R6, two single-family lots would be possible. Each lot would then be at least 6,000 square feet. The two lots in the potential subdivision would each be approximately 6,500 square feet.
The Planning Commission recommended the City Council amend the Orem General Plan by changing the land use map designation from Low Density Residential to Medium Density Residential and amend Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning 0.31 acres from the R8 zone to the R6 zone at 860 West 1860 North. Staff supported the recommendation of the Planning Commission.