CITY OF OREM
CITY COUNCIL MEETING
May 11, 1999
6:00 P.M. REGULAR SESSION
CONDUCTING Mayor Pro Tem Mike Thompson
ELECTED OFFICIALS Council members Joseph C. Andersen, Judy Bell, Steven L. Heinz (arrived at 7:21 p.m.), David K. Palfreyman, and Bill Peperone (arrived at 7:49 p.m.)
APPOINTED STAFF Jim Reams, Paul Johnson, Richard Manning, Phil Goodrich, Ken Young, and Donna Weaver
EXCUSED Mayor Joseph A. Nelson
Mayor Pro Tem Thompson noted that Mayor Nelson is still recuperating, and Mr. Peperone will be late.
PLEDGE OF ALLEGIANCE Jeff Schwartz
INVOCATION Phil Snelgrove
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
Matthew Hilton updated the Council on the status of the lawsuit by Ruth Peterson against the City which charges infringement of free-speech rights at the Senior Friendship Center. He indicated that oral arguments are scheduled for June. He said he does not believe the City needs to be hostile to religion.
Mr. Johnson commented that the City is sensitive to this issue, but policies have been set in place to avoid problems with establishment of religion. City buildings are not made available for religious dialog. While there have been rulings on both sides of the issue of displaying Christmas creches, there have been no specific rulings about Easter displays.
Phil Snelgrove, representing the Sutherland Institute, presented books and a tape by Burton Folsom to the Council.
Bob Wright, 1010 North 700 West, commented that when he attempted to distribute a political letter at the Senior Friendship Center, he was told he could only post it on the bulletin board.
Mr. Heinz arrived at 7:21 p.m.
City Council Minutes - May 11, 1999 (p.1)
Kyhl Shumway, Senior Class President of Orem High School, said that the 1999 senior class has chosen a project at the school and could use help from the City. The project involves installing berms along the exterior of the student parking lot and planting trees within parking strips in the interior of the lot. Mr. Shumway expressed appreciation to Dave Lawson and Kurt Jones for their help in drawing up plans for the project. Geneva Rock has helped with donation of the concrete planters. Students have given up their year-end refund to help fund this project and will be donating time to do the work on May 22, 1999. Mr. Shumway then passed out plans and cost estimates to the Council. He asked the Council to consider providing assistance to the project, either in the form of funding or manpower.
Mr. Heinz indicated that he has a great deal of good top soil that he would be willing to donate to the project.
Mr. Reams said that staff will get together with Mr. Shumway and his associates to discuss what the City can do to help.
APPROVAL OF MINUTES
City Council Meeting of May 4, 1999
Mrs. Bell moved to approve the May 4, 1999 minutes. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Heinz, Mr. Palfreyman, and Mr. Thompson. The motion passed unanimously.
MAYOR=S REPORT/ITEMS REFERRED BY COUNCIL
Upcoming Events
Mayor Pro Tem Thompson referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mayor Pro Tem Thompson did not have any appointments.
RECOGNITION - Blitz Sponsors
Charlene Mackay introduced Jade Santoro from HUD, who commended the City for its unique way of using federal funds. Other communities have begun projects similar to Orem=s Blitz. Ms. Mackay then acknowledged the major Blitz sponsors and gave plaques to representatives who were able to attend the meeting. Those recognized included Utah Valley Home Builder's Association, University Mall and Woodbury Corporation, Dave Adams Classic Auto Repair, EsNet Management Group, Pinnacle Risk Management Services, Workers Compensation Fund, Orem Community Hospital, Maceys, and Albertsons.
REPORT - Summerfest
Dean Dickerson, Summerfest Chairman, gave a report on the Summerfest activities scheduled for June 11 and 12, 1999. Carol Walker noted that another baseball game is scheduled between the Orem and Provo council members. She encouraged the City Council to come and support the game.
City Council Minutes - May 11, 1999 (p.1)
Mrs. Bell moved to postpone the public hearings to the normal flow of the meeting. Mr. Palfreyman seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Heinz, Mr. Palfreyman, and Mr. Thompson. The motion passed unanimously.
REPORT - Courtesy Committee
Joyce Johnson reviewed with the Council the status of the planned Courtesy Campaign. She indicated that the program=s kickoff is scheduled for June 11, 1999 with a press conference luncheon.
Theron Baird said there are concerns that the program is being sponsored by the City, but there are no funds budgeted for it. He said he believes this program will be fun.
CITY MANAGER=S APPOINTMENTS
The City Manager did not have any appointments.
CONSENT ITEM
Mrs. Bell moved to approve the following Consent Item. Mr. Heinz seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Heinz, Mr. Palfreyman, and Mr. Thompson. The motion passed unanimously.
AGREEMENT - Authorize Mayor to Execute Agreement With Hansen, Bradshaw, Malmrose & Erickson, P.C. for Audit Services.
SCHEDULED ITEMS
6:15 P.M. PUBLIC HEARING
ORDINANCE - Stanley James - Rezone Certain Property in the Vicinity of 500 North 800 East, from R-1-8 to R-1-5.
City Council Minutes - May 11, 1999 (p.1)
Ken Young reviewed with the Council a recommendation to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah by changing the zone on certain property in the vicinity of 500 North 800 East from R-1-8 to R1-5. The applicant would like to subdivide the 0.77 acres into 4 single-family lots. Mr. Sainsbury indicated that the applicant has signed a development agreement with the City, insuring that the new lots will be designed with their access on 500 North Street and all utility connections will be from 750 East and not from 800 East. The developers will also develop the section of 500 North Street from 800 East to their west property line. A small section of 500 North Street will still need to be put in when the parcel on 750 East is developed. Mr. Young stated that the applicant has submitted a concept plan showing how the property can be developed with four lots after changing the zone to the R-1-5. Lots 1 and 2 will be approximately 5,600 square feet and Lots 3 and 4 will have approximately 7,260 square feet. These lots are all smaller than that required by the current R-1-8 Zone. The advantage of the rezone is to allow the development of four lots where only two would be permitted in the current zone. Because there would be considerable expense in developing the remaining portion of 500 North Street, the applicants feel that the extra lots are justified.
Mary James, an applicant, indicated that she has had three offers for the north parcel. One person would have moved a house in, and another would have put in Aprefab@ homes. The neighbors were not happy with either of those options. Ms. James said that smaller homes have been built nearby, and she believes homes of that size would also fit in this location. Her grandson will do the construction.
Stan James, an applicant, said that he is in the landscape business and has lived in the neighborhood for twenty years. He wants to maintain the neighborhood as nicely as possible.
Mrs. Bell commented that she is pleased the Jameses have signed an agreement stipulating that the homes will not access 800 East.
Mayor Pro Tem Thompson opened the public hearing.
Tom Nichol, 525 North 750 East, voiced concern about this development accessing 800 East. He said he would prefer that the street be a cul-de-sac.
Julie Lowder, 490 North 750 East, stated that she objects to the lot sizes and the access to 800 East.
Andrew Jackson, 747 East 660 North, commenting that he represents a friend who could not attend the meeting, said his friend has concerns about an access to 800 East. His friend would also like this project to have a cul-de-sac.
William Lowder, 490 North 750 East, asserted that a similar project was attempted on 700 East and the access would have required the drivers to travel around the block to access a major street. Many of the neighbors complained, and the plan was changed.
Mayor Pro Tem Thompson closed the public hearing.
Mr. James said he originally wanted a cul-de-sac, but the city engineer suggested a street. The street will only go to the end of his property. There is the chance that the road could go through once the adjacent property is developed.
Remarking that there appears to be some confusion about access, Mr. Reams said the road for this project will access 800 East, but the homes themselves will access 500 North.
Mr. Andersen--saying that he believes this area is a good place for the R-1-5 Zone--moved, by ordinance, to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah by changing the zone on certain property in the vicinity of 500 North 800 East from R-1-8 to R-1-5. Mrs. Bell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Heinz, Mr. Palfreyman, and Mr. Thompson. The motion passed unanimously.
City Council Minutes - May 11, 1999 (p.1)
6:15 P.M. PUBLIC HEARING
ORDINANCE - Dana Bourgerie - Rezone Certain Property in the Vicinity of 276 North 800 East from R-1-8 to R-1-5.
Mr. Young presented to the Council a recommendation to amend Section 225-3(A) and the Zoning Map of the City of Orem, Utah, by changing the zone on certain property in the vicinity of 276 North 800 East from R-1-8 to R-1-5. The applicant would like to subdivide the 0.46 acres into 2 single-family lots. Lot 1 has an existing house that will remain. The applicant plans to sell the lot for a single-family home. The applicant has submitted a concept plan showing how the property can be developed with two lots after changing the zone to R-1-5. The lot where the existing home is located will be 9,409 square feet and the north lot will have 9,037 square feet, both of which exceed the minimum area requirements for the existing R1-8 Zone. The advantage of the rezone is to allow the development of two lots with frontage of 68 and 64 feet.
Mr. Heinz inquired if (1) the existing carport will remain, (2) the setback for it is adequate, and (3)there is a problem with the driveway which appears to be partly on the other property.
Mr. Young replied that the carport will remain, and there is sufficient setback for it.
Scott Murray, representing the applicants, indicated that the driveway could be removed if necessary, and Mr. Heinz suggested that the driveway for the other property could be constructed adjacent to the existing one, so the two owners could share them. Mr. Murray noted that this project received a unanimous vote from the Planning Commission. The goal is to provide affordable housing in a nice neighborhood. He noted that the lot sizes comply with the existing zone. The home and lot are currently under contract, pursuant to Council approval. The builder is planning to construct a single-family residence that he will occupy.
Mayor Pro Tem Thompson opened the public hearing, but when no one came forward, he closed the public hearing.
Mr. Heinz moved, by ordinance, to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by changing the zone on certain property in the vicinity of 276 North 800 East from R1-8 to R-1-5. Mayor Pro Tem Thompson seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Heinz, Mr. Palfreyman, and Mr. Thompson. The motion passed unanimously.
RESOLUTION - Deny Request - United Body Works - Second Access onto 400 North Street at 1450 West.
Mr. Manning presented to the Council a recommendation to deny the request for a second access onto 400 North Street by United Body Works located at 1450 West 400 North. He said that Mr. Young is currently in the process of having a site plan approved by the City for expanded use of the property. City Code Section 16-3 sets forth regulations on the placement of driveways. Section 163-1.B. states AEach parcel of property, except for corner lots or lots having at least two hundred feet of frontage on one street, shall have a maximum of one driveway.@ United Body Works has only 182 feet of frontage. The traffic engineer, in his evaluation, feels that the exception allowed under Section 16-3-2.C is not justified.
City Council Minutes - May 11, 1999 (p.1)
The Traffic Engineer=s findings are summarized as follows:
The site does not comply with City Code 16-3.
The number of peak hour trips do not justify a second access.
The site can be configured with just one access that will accommodate all traffic to the site.
Mr. Manning remarked that the City Council may waive or modify the requirements of Section 1631 if there are special circumstances attached to the property due to the configuration of the land, or the location of existing improvements on the lot that would make it unnecessarily difficult to develop the lot in accordance with Section 16-3-1. The City Council shall consider the recommendation from the City traffic engineer.
Restricting the number of drive access points onto city streets produces the following beneficial results:
Reduced accidents
Travel time savings
Preserves capacity on city streets
Phil Young, owner, said his request is based on safety. He is planning to construct a new building. With only one access, the delivery trucks would be required to back into the street when leaving the property. He said he is only asking for this to be a service access. The second access, which is a locked gate, has been in use for twenty-five to thirty years. Mr. Young said he is not asking for anything new. It has been suggested to him that an alternative to the second access would be to have the trucks park on the street while making a delivery.