CITY OF OREM
CITY COUNCIL MEETING
March 14, 2006
4:00 P.M. WORK 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; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
DISCUSSION – Conditional Uses
Stanford Sainsbury, Development Services Director, reviewed with the City Council the text ordinances that refer to conditional uses.
Section / Questions and Comments / Recommendations /Section22-6-9(F)
Private Schools and Commercial Day Care Services / Mr. Seastrand asked whether there was a size limitation for private schools. Mr. Sainsbury replied they could be any size.
Mr. Reams inquired how much control State law gives the City over private schools. Mr. Sainsbury there is some control; however, the City is limited to some zoning. / Leave as is, and address as needed.
Section22-6-9(H)(5) Noncommercial Swimming Pools in Residential Zones / Mr. Sainsbury advised that several years ago a group of neighbors wanted to construct a swimming pool on a vacant lot. The pool would be jointly owned by the neighbors. This language was adopted due to that request; however, the swimming pool was never constructed. / Remove from the code until someone comes in with a similar request.
Section22-6-10(F)
Utility Substations
Section22-6-10(F) (continued) / Mr. Sainsbury advised that Utah Power and Light would struggle if the City did not permit substations within residential zones. It could create a problem with their ability to provide electricity in certain parts of the city.
Mr. Sainsbury then stated that Utah Power and Light would like to make a presentation to the City Council before they “outlaw” the substations in residential zones.
Mayor Washburn read from the text and asked whether making it a permitted use with standards would be as good as a conditional use with standards. Mr. Sainsbury indicated that a conditional use can be arbitrary and capricious, and the conditions could be thrown out. It would be better to make it a permitted use with standards. / Make it a permitted use, and try to anticipate the standards to place on it.
Section 22-6-10(G)(14)
Certain Use in Historic Buildings / Mr. Sainsbury commented that this whole section was created for the building on 800 East 800South. There are a few other buildings in the city that could be affected by this ordinance. / Leave as is, and address as needed.
Section22-9-9(L)
Structure Height in BPZone / Mr. Sainsbury indicated that the Olmsted plant and Utah Valley State College (UVSC) are the only places this would affect, and the City has little control over what UVSC does. / Remove from code.
Section22-14-22
Special Exception to Maximum Height of Nonhabitable Structures / Mr. Sainsbury informed the Council that building height in a commercial zone is forty-eight feet, and there is a provisional that could allow it to go to seventy-five feet. / Remove from code.
Section22-14-24
Flagpoles and Flags / Mr. Sainsbury advised that the City Code states individuals are only allowed to display United States flags, which is not legal. The language will have to be removed. Mr. Johnson clarified that the City would not be able to enforce whether the United States flag is flown; however, commercial flags would not be allowed.
Mayor Washburn asked what the down side of leaving it as a conditional use would be. Mr. Sainsbury replied the City Council would not be able to deny a request. / Leave as is.
Section 22-14-26
Vault Security System / Mr. Sainsbury recommended this be removed as a conditional use. / Remove conditional use.
5:00 P.M. STUDY 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; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Jeff Pedersen, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
CITY COUNCIL NEW BUSINESS
Councilmember Sandstrom
Mr. Sandstrom advised that the SummerFest Advisory Committee has started to hold their meetings. He stated that in the past they have allowed only one sponsor for SummerFest from the different business groups. He questioned how the City would handle the issue when they already have a sponsor for a particular group and another one wants to become a sponsor.
Mr. Reams suggested the City Council come up with a sponsorship policy that would allow only one sponsor from each business group.
Mr. Sandstrom then asked the City Council what they wanted to ride on in the parade. It was decided that they would ride on the fire department’s ladder truck.
Councilmember Thurston
Mrs. Thurston mentioned that the City Council would be involved in the mock interviews for the Miss Orem Pageant during the first part of May.
Mayor Washburn
Mayor Washburn questioned how many of the Councilmembers wanted to purchase Orem OWLZ tickets for the upcoming season. Mr. Sandstrom, Mr. Seastrand, Mrs. McCandless, and the Mayor were interested. The cost of the tickets would be paid for with the Councilmembers’ personal funds.
Mr. Reams
Mr. Reams briefed the City Council and staff on information pertaining to having an inspector from the City certified to inspect transitional treatment centers. Legal staff has researched the requirements and found the following:
· The State allows inspectors; however, they can only make inspections with permission from the State.
· The inspectors have to be State certified.
· The City has to indemnify the State, which is a huge liability to the City.
· The inspectors would not just inspect the transitional treatment center on 555 West. The State would provide a list of similar facilities within the City, and they would have to inspect each one.
Mayor Washburn requested staff keep looking at this option.
Mr. Reams cautioned that he would not want the citizens to have the expectation that if there were problems the City could shut the facility down. The State would make that determination and has the option of making the business owner conform.
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; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Bruce Chesnut, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
INVOCATION /
INSPIRATIONAL THOUGHT Patrick Boyle
PLEDGE OF ALLEGIANCE Brandon Hogard – Scout Troop 597
APPROVAL OF MINUTES
February 7, 2006, Joint Orem/Provo City Council Meeting and the February 28, 2006, City Council Meeting
Mr. Campbell moved to approve the minutes of the February 7, 2006, Joint Orem/Provo City Council Meeting and the February 28, 2006, meeting of the Orem City Council. 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.
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
There were no appointments.
Recognition of New Neighborhoods in Action Officers
No new Neighborhood in Action officers were recognized.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
Aaron Campbell, Interim Volunteer Executive Director for the Utah Valley Children’s Museum, thanked the City Council and residents of Orem for the support they have given to the children’s museum. He stated they have received numerous phone calls of support, and they are excited to have the children’s museum in the City of Orem. He advised that they will be holding a board retreat on Saturday, and he has given a rough draft of their business plan to Mr. Reams.
Mayor Washburn asked where the children’s museum would be located. Aaron Campbell responded it is located at 340 South Orem Boulevard in the old Coors building. The museum will be filled with interactive exhibits by the end of the year, and their website will have the information posted by next Monday. Midtown Village has donated the building for the children’s museum free of lease for the next three to four years.
Mrs. McCandless asked for the web address of the children’s museum. Aaron Campbell responded it is www.uvcm.org.
Ryan Roberts, Mountain View High School student, advised that many students were attending the City Council meeting that evening to obtain extra credit in Mr. Stoddart’s Government Civics class. They held a debate in their class in reference to the dance club that is on the agenda tonight.
Caleb Tinney, Cub Scout, requested the City paint the speed humps on Palisades Drive or remove them. Mr. Reams stated the residents in the neighborhood paid to install the speed humps. Over time staff has determined that they do not slow the speed down enough, and actually divert traffic to other streets. The speed humps also cause difficulties for emergency vehicles that respond to emergencies in the area. Staff is looking into their removal.
Jacob Simpson, Cub Scout, expressed the need for more sidewalks in certain areas of the city. Mayor Washburn indicated that over a year ago, the City Council placed a question on the ballot for a road bond and a sidewalk bond to improve streets in Orem as well as place sidewalks in the city within one-third mile of the schools. The City has been working very hard to install the sidewalks.
Mr. Reams asked whether there was a specific street that caused concern. Mr. Simpson replied that 600 East 400 North needed a sidewalk.
Mr. Campbell told the audience that any ninth grader interested in being a part of the Orem Youth City Council should fill out an application. All applicants would be welcomed.
CONSENT ITEMS
Mrs. Thurston moved to approve the following consent items. Mr. Campbell 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.
ORDINANCE – Readopting Criminal and Traffic Code Provisions of State Law
SCHEDULED ITEMS
6:15 P.M. PUBLIC HEARING
ORDINANCE – Amending Section 2-21-5(C) and (D) of the Orem City Code – Historical Preservation Advisory Commission – Term Limits
Stanford Sainsbury, Development Services Director, presented a staff recommendation that the City Council, by ordinance, amend Section 2-25-5 of the Orem City Code regarding the term limits of the Historical Preservation Advisory Commission.
The proposed amendment would potentially allow members of the Historic Preservation Advisory Commission (HPAC) to serve more than the two, three-year terms currently allowed by City Code.
Members of the HPAC have expressed concern that the HPAC is a unique commission that caters to a select few in the community who have an interest in historic preservation. The pool of people interested in serving on the commission is limited, and therefore merits the ability to allow those people who are willing to serve on the commission opportunity for successive terms.
The proposed ordinance amendment would maintain the ability for the Mayor and City Council to reappoint or not reappoint a member to successive terms.
Article 2-21. Historical Preservation Advisory Commission.
2-21-5. Term of Office.
A. The term of office for each member shall be three (3) years. The term of office of the initial members of the Commission shall be staggered so that three (3) are for three (3) years and three (3) are for two (2) years.
B. Lots shall be drawn at the first meeting of the Commission to determine which of the members shall serve for three (3) years and which shall serve for two (2) years.
C. The Mayor with the advice and consent of the City Council may reappoint members to successive terms on the Commission.
D. Members of the Commission may be removed with or without cause by majority vote of the City Council.
E. The term of the City Council member serving as a liaison shall be determined by the Mayor.
F. Each term shall continue until a successor is chosen and qualified, except in the case of the member's death, resignation, removal, or disqualification from holding office.
Mayor Washburn opened the public hearing.
Members of the Historic Advisory Commission introduced themselves to the City Council--Jenni Prince Mahoney, Shari Warnick, and Asa Nielson.
Ms. Mahoney advised it is difficult to find citizens that are interested in serving on the commission that have a background in historic preservation. The State Historic Preservation office indicated that Orem is one of the few cities that have term limits for their commissions, and the commissions that have long-term members get more accomplished.
Ms. Warnick noted that many of the projects the commission works on span many years. To change the commission out on a regular basis causes other members to step into projects halfway through. There has been a lot of difficulty finding dedicated and passionate people that have a desire to be involved with the commission.
Mayor Washburn asked whether there were any projects coming up that would necessitate this term limit change. Ms. Warnick expressed that the concern right now is there are many members on the commission that are serving their second term. There would be a big turnover in the next year if this ordinance was not amended.
Ms. Mahoney indicated that she has an archaeological and historic preservation background, and she is serving her second term right now. Cory Jensen, a previous commission member, has served his two terms. He works for the State Division of History and is a great source for information. Ms. Mahoney advised it would be helpful to have him on the commission again.