CITY OF OREM
CITY COUNCIL MEETING
November 13, 2001
5:00 P.M. STUDY SESSION
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers Joseph C. Andersen, Judy Bell, Les Campbell, Karen McCandless, and Stephen E. Sandstrom.
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Jeff Pedersen, Administrative Services Director; John Park, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Gina Peterson, Deputy City Recorder.
EXCUSED Councilmember Bill Peperone.
CITY COUNCIL NEW BUSINESS
Mayor Jerry Washburn
The Mayor and Council reviewed calendars to determine when to hold a City Council retreat and the Christmas social. The retreat will be held on December 13, 2001 from 9:00 a.m. until 3:00 p.m. at the Central Utah Water Conservancy District. The Christmas social will be held on December 18, 2001 from 6:00 to 8:00 p.m.
Councilmember Les Campbell
Mr. Campbell received a call from the Coons family requesting protection from baseballs that come over the fence at the City Park. It was staffs feeling, regardless of the size of the fence, baseballs will continue to be hit over the fence. Mr. Reams stated police officers would be directed to better enforce the issue at this area.
Councilmember Stephen E. Sandstrom
Mr. Sandstrom discussed the problem of cars for sale being parked on empty lots. Mr. Reams stated the City has been strongly enforcing this issue. Mr. Sandstrom will provide information to Mr.Sainsbury regarding a possible zoning violation of the issue.
CITY MANAGER INFORMATION ITEMS
Mr. Reams directed the City Council to give him items they would like discussed at the retreat. He also requested a closed door session be held at the end of the meeting to discuss litigation.
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, Karen McCandless, and Stephen E. Sandstrom.
APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Jeff Pedersen, Administrative Services Director; John Park, Public Works Director; Mike Larsen, Public Safety Director; Steve Weber, Public Works; Ed Gifford, City Engineer; Chris Tschirki, Engineering; Donna Weaver, City Recorder; and Gina Peterson, Deputy City Recorder.
EXCUSED Councilmember Bill Peperone.
PLEDGE OF ALLEGIANCE Kyle Harper
INVOCATION City Resident
Mr. Campbell requested a point of personal privilege and conducted those present in singing “Happy Birthday” to Mayor Washburn.
APPROVAL OF MINUTES
City Council Meeting of September 18, 2001
City Council Meeting of October 12, 2001
City Council Meeting of October 23, 2001
City Council Meeting of October 30, 2001
Mrs. McCandless moved to approve the minutes of the meetings of September 18, 2001, October 12, 2001, October 23, 2001, and October 30, 2001. Mrs. Bell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, 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 presented the names of the following people to serve on City boards and commission:
Charles F. Barber - CEDO board
John Richard Beeson – Library Advisory Commission
Mr. Campbell moved to ratify the appointments to the boards and commissions as presented by Mayor Washburn. Mrs. McCandless seconded the motion. Those voting aye: Mr. Andersen, Mrs.Bell, Mr. Campbell, Mrs. McCandless, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
Recognition of New Neighborhoods in Action Officers
The Mayor recognized the following new Neighborhoods in Action Officers:
Bonneville North: Mike Harris, President, 1396 North 725 West, Orem
Suncrest: Josetter Pitardi, Secretary, 50 North 750 West, Orem
Youth City Council Items
Colby Green from the Youth City Council gave a brief report on Youth City Council activities. The Youth City Council participated in a tour of various City facilities on November 9, 2001, ending with lunch at the Senior Friendship Center. He indicated the Youth City Council is currently working on a “Sub for Santa” project.
Mr. Green was commended by the Council for the tremendous job the Youth City Council is doing.
Postponement of Public Hearings
Mr. Sandstrom moved to postpone the public hearings to the normal flow of the meeting. Mrs. Bell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs. McCandless, 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.
Mr. Richard Tobler, 865 East 400 South, stated the stoplight on 800 East 400 South does not allow enough time for vehicles traveling east and west to cross the intersection before the signal changes. He also asked why the new streetlights between 800 South and 1200 South near the University Mall are never on at night. Mr. Reams indicated those streetlights were sample lights and have been turned off. He will look into having them turned back on.
Mrs. McCandless requested an update on the skate park be given for the large amount of scouts present. Mr. Reams gave an update, noting construction will start in the spring with completion scheduled for late summer or early fall of 2002.
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. Sandstrom, and Mr. Washburn. The motion passed unanimously.
set public hearingS
December 4, 2001
6:15 p.m.
· Williamson Annexation - Approximately 1600 South Geneva Road and I15 – Zone property OS5
· Gurney Mixed-Use – Amend Sections 22-5-3(A) and the Zoning Map, applying the Mixed-Use Overlay to properties generally located at 800 South State Street.
6:30 p.m.
· Home Occupations and Accessory Apartments - Amend Sections 22-6-9 and 22-14-15(E)(4) of the Orem City Code.
· Residential Lot Width Exception and Accessory Structures Location. Amend Sections 22-6-8(A), and 22-6-8(B)(1).
6:45 p.m.
· Student Housing Overlay. Amend Section 22-12-2(J)(7)&(12) – various amendments.
RESOLUTION - Authorizing the Mayor to Sign the Agreement with Swire Coca-Cola to Provide Electronic Scoreboards for Lakeside Sports Park.
SCHEDULED ITEMS
6:15 P.M. PUBLIC HEARING
ORDINANCE – Zoning Ordinance Amendment – Section 22-13 – Wireless Telecommunications.
Mr. Sainsbury reviewed the Planning Commission’s recommendation that the City Council, by ordinance, amend Section 22-13 of the Orem City Code governing wireless telecommunications. He indicated wireless telecommunications is a rapidly changing industry. Several years ago when the City adopted its current telecommunications ordinance, wireless antennas primarily consisted of large monopoles.
Current telecommunications continue to depend on monopole antennas, but more and more are in need of a number of alternative facilities. In addition to the emerging telephonic uses of these facilities, there is an emerging industry of wireless data transmission that is certain to grow rapidly, and may even outpace cellular telecommunications. In an effort to allow and support these emerging technologies, and to ensure that the aesthetic appearance of the City is maintained, the staff proposes a completely new wireless ordinance.
The proposed ordinance creates and amends a number of definitions that more accurately reflect current and emerging technologies. The ordinance also prioritizes the City’s preference for new antenna structures, and streamlines the approval process to reflect these preferences. The proposed ordinance makes antennas a permitted use if they are:
1. Located on existing structures that are either City owned or on non-residential properties.
2. Located on an existing monopole.
3. A new monopole in an industrial zone.
4. Are designed as a stealth facility.
Any other request requires a conditional use permit.
Mr. Sainsbury presented pictures of stealth facilities.
Mrs. Bell stated she has seen good and bad stealth facilities. She asked if there would be criteria for stealth towers. Deputy Attorney Greg Stephens replied the ordinance addresses this issue by leaving the discretion to the approving body on whether they consider the tower a stealth facility. He noted a stealth facility in one location might not be considered a stealth facility in another. Mr. Stephens stated the goal of the ordinance was to make it as easy as possible to obtain a permit if the company was willing to install a stealth facility.
The Mayor opened the public hearing.
Mr. Bob Davis asked if the ordinance would address pending structures or just future structures. Mayor Washburn answered it would address all new applications. Towers that have already been constructed will be grandfathered. Mr. Sainsbury stated he is not aware of any pending applications for structures at this time.
Local boy scout Taylor Gilbert asked if the new towers would interfere with radios, walkie-talkies, or televisions. Mr. Sainsbury answered no, because the towers help cellular phones operate and they are on a different wavelength.
Another boy scout Adam Freel asked if the new ordinance would have noticeable changes on the residential community. Mayor Washburn explained the ordinance is specifically designed to protect residential areas through the use of stealth facilities. Mrs. McCandless noted that federal law requires that cellular towers be allowed in cities; therefore Orem City is enacting reasonable standards to ensure towers do not negatively impact the community.
Mr. Ben Williams asked when high-speed Internet would be available in the City. Mr. Reams stated AT&T is currently in the process of updating portions of the City for high-speed Internet access.
Local boy scout Trevor Stephens asked if new towers would enable other people to listen in on private conversations. Mr. Sainsbury explained that each cellular company operates on a different bandwidth which minimizes the possibility of call interruption.
Mr. Gideon Burrows asked what impact the ordinance would have on amateur radio communication and towers. Mr. Stephens stated federal law requires that Hamm radio operators be exempted from cellular tower ordinances.
Ms. Wendy Carbash asked the process for approving cell phone towers. Mr.Sainsbury outlined the proposed approval process.
Mrs. Bell stated wireless technology is a rapidly changing industry and in five years wireless phones may become the main phone in most homes. She feels the approving body for the towers needs to be the City Council.
Boy scout Reynaldo Flores asked how many towers would be built in the City. Mr. Sainsbury indicated other companies, such as AT&T, would be building the towers as needed.
Boy scout Chris McIntyre asked if taxes would be raised. Mr. Sainsbury stated the burden of the ordinance would be on the developer of the towers, so it will not affect taxes. Mr. Reams noted that towers actually help keep taxes down because the company pays property tax on the facility.
Boy scout Spencer Ellert asked if the City would become overloaded with antennas. Mayor Washburn stated many companies would look at co-locating on existing towers. He clarified that one of the purposes of the ordinance is for companies to look at options other than building a new tower.
Boy scout Richard Aiella asked if people’s conversations would be able to be heard. Mr. Sainsbury stated if you want your phone conversation to be totally secure, it would be best to use a landline.
The Mayor closed the public hearing and opened the issue to City Council discussion.
The Council discussed which body should approve cellular tower site plans. Mrs. Bell stated the City Council should give approval on cell tower site plans, but not all site plans.
Mr. Stephens reviewed minor changes to the ordinance.
Mr. Sandstrom moved, by ordinance, to amend Section 22-13 of the Orem City Code governing wireless telecommunications with the following changes:
1) 22-13-4. Definitions.
Stealth Facilities. Wireless facilities that have been designed to be compatible with the natural setting and surrounding structures, that camouflage or conceal the presence of antennas and/or towers, and that have been certified as “Stealth Facilities” by the City Council.
2) 22-13-11. C. Stealth Facilities.
2. Determination. …Whether or not a particular facility qualifies as a stealth facility shall be a decision made by the City Council…
3) 22-13-15 Additional Requirements.
B. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any wireless facilities shall, whenever possible, be located within a lawfully pre-existing structure. When a new structure…
4) All stealth facilities are a conditional use.
Mrs. Bell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Campbell, Mrs.McCandless, Mr. Sandstrom, and Mr. Washburn. The motion passed unanimously.
6:15 P.M. PUBLIC HEARING - PD-15 Zone/Sleepy Ridge.
ORDINANCE – Zoning Ordinance Amendments – Sections 22-5-3(A) and 22-11-27, the Zoning Map, and Appendix G of the City Code.
Mr. Sainsbury indicated that the Planning Commission recommends that the City Council, by ordinance, amend Sections 22-5-3(A) and 22-11-27, the Zoning Map, and Appendix G of the City Code, amending the development standards and the concept plan for the PD-15 zone, including the new golf course, and rezoning 19.46 acres of property on the northeast corner of 2000 West Springwater Drive from the OS5 zone to the PD-15 zone.
The City has recently entered into an agreement for the development of the PD-15 zone, and the creation of a new golf course. Part of this agreement will allow additional housing to be developed around the golf course to offset the costs associated with the golf course project. The applicant requests that the PD-15 zone be amended to allow additional housing in accordance with the new concept plan that will replace Appendix G of the City Code.
A portion of the new golf course will be located in Vineyard, and the master concept plan is being presented to both Vineyard and Orem Cities. The proposed PD-15 zone standards require that the site plan for the Golf Course be approved by both cities prior to any housing development being approved.
As a part of this application, the property owner on the northeast corner of the zone, requests that his property be included in the PD-15 zone.