CITY OF OREM
CITY COUNCIL MEETING
August 28, 2001
4:00 P.M. JOINT WORK SESSION WITH THE PLANNING COMMISSION - CITY COUNCIL CHAMBERS
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers Joseph C. Andersen, Judy Bell, Les Campbell, Bill Peperone, Stephen E. Sandstrom, and Karen McCandless
PLANNING COMMISSIONERS Garr Judd, Nicea Gedicks, Leo Merrill, Richard Rawson, LaVar Richman, Yevon Romney, and Shiree Thurston.
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; John Park, Assistant City Manager; Jeff Pedersen, Administrative Services Director; Richard Manning, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Gina Peterson, Deputy City Recorder.
DISCUSSION - Accessory Apartments and Home Occupations.
Development Services Director Stanford Sainsbury indicated that on August 7, 2001, the City Council requested that a joint work session with the Planning Commission be held on August 28, 2001, to discuss a proposed ordinance amendment to the home occupations and accessory apartments ordinance.
The ordinance amendment as proposed by the Planning Commission is as follows:
Home Occupation. In homes with an accessory apartment, only home occupations that have neither customers nor an outside employee come to the home shall be allowed in the primary dwelling unit and the accessory apartment.
Mr. Sainsbury outlined alternatives to the proposal as follows:
1. Make no change to the current ordinance. Closely monitor neighborhood complaints to see if there is a legitimate need that actually warrants an ordinance change.
2. Only allow one of the two residential units to have a home occupation. If a home has an accessory apartment, either the primary dwelling or accessory apartment may have a home occupation, but not both.
3. In regards to home occupation standards, treat the primary dwelling and the accessory apartment as a single unit. If the primary dwelling and the accessory apartment both have home occupations, the two home occupations combined cannot exceed the requirements for a single home occupation, i.e. generate no more than five trips per hour.
The City Council, Planning Commission and staff reviewed these alternatives at length, citing examples, concerns with enforcement issues, and the possibility of an appeal in hardship situations.
**Note:Mr. Sandstrom arrived at 4:32 p.m.
After discussion, those present felt a hybrid of proposals two and three might be a good alternative.
Mayor Washburn advised the Planning Commission that the City Council is concerned with this issue. He said he feels that parking issues related to this problem are not as great as the parking issues related to illegal apartments or too many people living in one dwelling. He voiced concern with over legislating but does not want to ignore the issue. Mayor Washburn thanked the Planning Commissioners for the time they spent on the issue.
Mr. Sainsbury indicated that the Planning Commission would discuss the issue at its September 5, 2001, meeting and determine a new recommendation based on the work session discussion. The item will come back before the City Council on September 11, 2001.
Mayor Washburn outlined for the Planning Commission the recreation issue that would be discussed later in the City Council meeting.
5:00 P.M. STUDY SESSION
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers Joseph C. Andersen, Judy Bell, Les Campbell, Bill Peperone, Stephen E. Sandstrom, and Karen McCandless
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; John Park, Assistant City Manager; Jeff Pedersen, Administrative Services Director; Richard Manning, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Gina Peterson, Deputy City Recorder.
CITY COUNCIL NEW BUSINESS
Mayor Washburn
Mayor Washburn invited Mr. Brent Lang with Sandbox Development to address the Council. Mr. Lang expressed concern with the recent moratorium placed on development at Sandhill Road. He requested that the City Council reconsider its decision and remove his 4.26-acre parcel from the moratorium. Mr. Lang indicated that he and his associates had been ready to submit a site plan for the area just prior to the moratorium being placed on the property.
The Council briefly discussed the issue. It was noted that the moratorium is temporary, with a maximum time of six months. Subsequent to City Council discussion, it was determined to leave the property and moratorium as is.
Councilmember Judy Bell
Mrs. Bell expressed concerns with inadequacies in the City’s parking ordinance and requested that the ordinance be reviewed. Mr. Reams noted that staff is in the process of drafting proposed amendments to the parking ordinance. These amendments are tentatively scheduled for Council review on September 25, 2001.
Mrs. Bell encouraged the Council to attend the annual conference of the Utah League of Cities and Towns beginning September 5, 2001.
Councilmember Les Campbell
Mr. Campbell requested that a joint meeting be scheduled with the City Council and Human Relations Advisory Commission.
Mr. Campbell also noted that he recently had a valuable meeting with his neighborhood preservation officer. He recommended each Councilmember spend time with their own neighborhood preservation officers.
Councilmember Karen McCandless
Mrs. McCandless indicated that she has received complaints from citizens about have not received public hearing notices. It may be beneficial to notify citizens, via the community newsletter, that notices are sent to the same location as property tax notices.
CITY MANAGER INFORMATION ITEMS
City Manager Jim Reams reviewed the following items:
• Volunteer Dinner, August 30, 2001, at 6:00 p.m. Meet at the Canyon View Business Park.
• Reminder regarding golf cart shuttles as part of the Timpanogos Storytelling Festival.
• Distributed a letter from Provo City regarding the Ercanbrack annexation.
• Distributed information regarding planned bond projects.
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items and 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 Joseph C. Andersen, Judy Bell, Les Campbell, Bill Peperone, Stephen E. Sandstrom, and Karen McCandless
APPOINTED STAFF Jim Reams, Paul Johnson, John Park, Jeff Pedersen, Richard Manning, Mike Larsen, Donna Weaver, and Gina Peterson
PLEDGE OF ALLEGIANCE David Thorkelson
INVOCATION Councilmember Joseph Andersen
APPROVAL OF MINUTES
City Council Meeting of August 14, 2001
Mrs. Bell moved to approve the minutes of August 14, 2001. Mr. Peperone seconded the motion.
Mrs. McCandless requested clarification in the draft minutes of her comment regarding Sandhill Annexation and the moratorium. Mrs. Bell and Mr. Peperone indicated agreement to the correction.
Mayor Washburn called for a vote. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. 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 proposed that Lisa Arrington be appointed to serve on the Library Advisory Commission.
Mr. Campbell moved to appoint Lisa Arrington to the Library Advisory Commission. Mrs. McCandless seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
Recognition of New Neighborhoods in Action Officers
The Mayor and Council recognized the following new neighborhoods in action officers:
Tom Sitake, Windsor Chair
Len Winmill, Windsor Vice Chair
Mitch Lee, Scera Park Chair
Youth City Council Items
There were no Youth City Council items.
Special Presentations - GFOA Awards for Excellence in Financial Reporting to Craig Valantine and the City of Orem
Mark Anderson, state representative for the Government Finance Officers Association, presented an award to Craig Valantine and the City of Orem for excelling in the area of financial reporting. Mayor Washburn presented a certificate to Mr. Valantine and commended him for his efforts.
Special Presentations - Miss Orem
Miss Orem presented the Mayor and City Council with four awards received from various parades.
POSTPONEMENT OF PUBLIC HEARINGS
Mr. Peperone moved to postpone the public hearings to the normal flow of the meeting. Mr. Campbell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
CITY MANAGER’S APPOINTMENTS
The City Manager did not have any appointments.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
A citizen commented he received a public notice about monopole to be installed in his neighborhood. Mayor Washburn indicated this item is on the agenda for later in the meeting.
No one else desired to speak.
CONSENT ITEMS
Mrs. Bell moved to approve the following Consent Items. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
SET PUBLIC HEARINGS
September 25, 2001
6:15 p.m. - Section 22-11-33 PD-21 Zone – Student Housing Village – 1200 South Geneva Road – Appendix ‘O’ of the Orem City Code
RESOLUTION – Authorizing the Mayor to sign an Interlocal Agreement with the Alpine School District to provide school resource officers at Orem High School, Mountain View High School and Timpanogos High School.
SCHEDULED ITEMS
6:15 P.M. PUBLIC HEARING - Alexander Place Rezone
ORDINANCE - Zoning Ordinance Amendment - Section 22-5-3(A) and the Zoning Map from R6.5 to R5 - 225 North 1200 West.
Mr. Sainsbury presented to the Council a recommendation to amend Section 22-5-3(A) and the Zoning Map of the Orem City Code by rezoning 2.14 acres located at 225 North 1200 West from R6.5 to R5. He indicated that the proposed development on this property is a 25-unit Planned Residential Development (PRD). There are no outstanding concerns with this type of development at this location. Situated between the freeway and 1200 West Street, this property is not well suited for single-family residential uses. Having a distance of more than one mile from UVSC, Mr. Hansen’s property is not the best location for student housing, but it could work well for other types of multiple-family uses.
The property has been zoned R6.5 for quite some time. It is assumed that the intention of this zoning designation was to allow for multiple-family developments. Such developments were previously allowed in the R6.5 zone, prior to the creation of the PRD ordinance. Staff expects a new PRD zone to be created in the near future, but until then, a PRD may only be developed within the R5 zoning classification. Mr. Sainsbury indicated development standards are required with a PRD to ensure quality development. He then reviewed the concept plan for the development but requested the Council keep in mind they are not considering the site plan at this time.
Mr. Sainsbury remarked that this property can be considered well situated for a Planned Residential Development in the R5 zone. This is in harmony with General Plan Housing Goal 6.12.2.(D).
Mrs. McCandless reiterated that when a rezone is considered, site plans are not to be considered with it. Anything listed as a permitted use in the R5 zoning designation will be allowed.
Mark Greenwood, representing ALM Engineering, indicated this fairly straightforward proposal is similar to the Greenbriar development.
The Mayor opened the public hearing. Seeing no public comment, the Mayor closed the public hearing.
Mr. Peperone moved, by ordinance, to amend Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning property located at 225 North 1200 West from R6.5 to R5 with the findings that (1) the amendment is in harmony with the General Plan; and (2) the previous intent of the R6.5 was to allow for multifamily developments, therefore, the zone change will be consistent with the understanding of the City when the previous zone was granted. Mr. Campbell seconded. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
6:15 P.M. PUBLIC HEARING
ORDINANCE - Commercial Building Heights and Setbacks.
Mr. Sainsbury recommended that this item be continued to the September 4, 2001, City Council meeting at 6:30 p.m.
Mr. Campbell moved to continue this item to the September 4, 2001, City Council meeting. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, Mr. Peperone, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
resolution - Conditional Use Permit – Cell Tower - Westmore Elementary School - 1150 South Main Street.
Mr. Sainsbury presented to the Council a recommendation to approve the conditional use permit for American Tower to construct a 75-foot high cell tower at the Westmore Elementary School at 1150 South Main. He noted that the applicant, American Tower, requests approval of a conditional use permit to locate a 75-foot high cell tower on the existing Westmore Elementary School site. The City Code requires all cell towers not located on City owned property to obtain a conditional use permit. The cell site area occupies 3,375 square feet and includes a 288 square foot, red brick, 10-foot high equipment building. The site is enclosed with a 6-foot high chain link fence with gate.
The Planning Commission discussed with the applicant the possibilities of locating the tower at another location on the school’s property. The applicant indicated that the school’s principal designated this location because (1) the north side of the school is extremely congested with playgrounds and temporary classrooms; and (2) the south side of the school offered better planning for future school expansion. Following this discussion, the Planning Commission was satisfied that the proposed location offered the least amount of conflict with traffic and student activities.
Mr. Sainsbury indicated the applicant is requesting to change the site and recommends the Planning Commission be given opportunity to respond to the new site with the applicant.
Mr. Tom Dennison, representing American Tower, stated a different location has been proposed. He noted that he has met with Alpine School District officials as well as the principal of Westmore Elementary during their reevaluation of the site. Mr. Dennison said that he feels the alternative location is virtually surrounded by trees and surrounding buildings. This is not a high traffic area, and it will resolve some safety issues.