CITY OF OREM
CITY COUNCIL MEETING
February 14, 2006
4:00 P.M. WORK SESSION
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers Dean Dickerson (arrived at 4:29 p.m.), Karen A. McCandless, 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; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
EXCUSED Councilmembers Les Campbell and Stephen E. Sandstrom
CONTINUED DISCUSSION – Conditional Use Permits
Stanford Sainsbury, Development Services Director, reviewed with the City Council the list of conditional uses in the city. Subsequent to Council and staff discussion, the following changes are proposed:
· 7215, Public dancing – Leave in C2 zone with tighter parking standards, i.e. 300 parking spaces minimum. Take out of M1, M2, and CM zones.
· 7300, All Amusements NEC – Make not permitted use in all zones.
· 7400, All Recreation NEC – Make not permitted use in OS5/ROS zone.
· 7411, Golf Courses and/or Country Clubs – Make permitted use in ROS and R12 zones. Strike out country clubs.
· 7423, Play Fields and Athletic Fields (cml) – Leave as conditional use.
· 7424, Recreation Centers (General) – Make not permitted use in R8 and OS5/ROS zones.
· 7425, Gymnasium and Athletic Clubs – Make permitted use in C3 zone.
· 7426, Health spas – Make permitted use in C3, CM, and HS zones.
· 7429, Other Playground and Athletic Areas NEC – Make not permitted use in all zones.
· 7461, Indoor/Outdoor Skydiving Training – Separate the indoor and outdoor. Make indoor a permitted use with standards. Make outdoors not permitted.
· 8200, All Agricultural Related Activities, NEC – Make not permitted use in all zones.
The Council directed staff to start the process of making these changes to the City Code. A work session will be held on March 14, 2006, to discuss conditional uses in the PD zones.
5:00 P.M. STUDY SESSION
CONDUCTING Mayor Jerry C. Washburn
ELECTED OFFICIALS Councilmembers 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
EXCUSED Councilmember Les Campbell
REPORT – Utah Department of Transportation (UDOT) Update
Jeff Dupaix, UDOT Public Involvement Coordinator, briefed the City Council on the current UDOT projects. Those projects include:
· I-15 Carpool Connection Project
· S.R. 52: 800 North Orem – Widening
· I-15: 800 North to 500 East in American Fork – Auxiliary Lane/Resurfacing
· S.R. 114 (Geneva Road): Orem Center Street to 1600 North – Resurfacing
· U.S. 189 Provo Canyon: Wasatch County line to Deer Creek State Park – Widening
· S.R. 114 (Geneva Road): Bridge over Provo River – Bridge Replacement
UDOT is also conducting the following environmental studies:
· S.R.114: Geneva Road Environmental Impact Statement
· I-15: Environmental Impact Statement
· Mountain View Corridor: Environmental Impact Statement
· U.S. 89: State Street crossing Union Pacific Railroad in Pleasant Grove
· S.R. 68: Saratoga Springs to Bangerter Highway
· S.R. 92: Lehi to Highland
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
CITY COUNCIL NEW BUSINESS
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 (joined the meeting electronically at 7:27 p.m.), 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; Bruce Chesnut, Public Works Director; Mike Larsen, Public Safety Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
INVOCATION /
INSPIRATIONAL THOUGHT Kim Anderson
PLEDGE OF ALLEGIANCE Kevin Padilla
***Mrs. McCandless left the meeting at 6:06 p.m.
APPROVAL OF MINUTES
City Council Meeting of January 24, 2006
Mr. Dickerson moved to approve the minutes of the January 24, 2006, meeting of the Orem City Council. Mr. Seastrand seconded the motion. Those voting aye: Mr. Dickerson, 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
Mayor Washburn recommended Mark Robinson and Laura Folkman be reappointed to serve on the Cultural Arts Advisory Commission. Mayor Washburn then recommended Pam Duval, JaLane Olsen, Bill Park, and Lois Park be appointed to serve on the Beautification Advisory Commission.
Mrs. Thurston moved to reappoint Mark Robinson and Laura Folkman to serve as members of the Cultural Arts Advisory Commission and appoint Pam Duval, JaLane Olsen, Bill Park, and Lois Park to serve as members of the Beautification Advisory Commission. Mr. Dickerson seconded the motion. Those voting aye: Mr. Dickerson, Mr. Sandstrom, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.
Recognition of New Neighborhoods in Action Officers
Joyce Johnson, Neighborhood Organization Specialist, recognized Nate Leavitt as the new Northridge neighborhood chair and Art Flinton as the new Suncrest neighborhood chair.
Mrs. Johnson noted that she is still in need of a neighborhood chair for the Orchard South neighborhood.
***Mrs. McCandless returned to the meeting at 6:08 p.m.
Orem Youth City Council Items
Sarah Hamilton, Youth Spring Mayor, advised that the Orem Youth Council would be participating in a service project this Wednesday at the Orem Public Library.
WALTER C. OREM AWARD – Allan Anderson
Mayor Washburn presented the Walter C. Orem Award to Allan Anderson. Mr. Anderson has worked with the Orem Youth City Council as an adult advisor. He is currently involved with the Heritage Advisory Commission and the American Legion Post 72.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
Doug Padilla, 182 North 555 West, advised that there is a business in his neighborhood that has raised many concerns. Utah Crossroads is a transitional treatment center designed to assist individuals dealing with drug and alcohol dependency. Mr. Padilla expressed that this business is not being conducted well. The business license appears to have been applied for under false pretenses and was modified several times before it was correct. The business also opened before the City or the State had issued them a license. Mr. Padilla indicated that the Mayor had requested a safety plan from the business, and the owner refused to provide it because the Mayor did not use the right terminology. The State Code requires this type of facility to have a behavior modification plan. Mr. Padilla then advised that the financing appears to have been obtained fraudulently because the owner should occupy the facility. The facility owner has stated that his clients are just as safe as the general population. Mr. Padilla stated that the clients are required to have twenty-four hour supervision and have a double locked cabinet for narcotics. He expressed his opinion that these two requirements show that the clients are more dangerous than the average person. Mr. Padilla noted that he would like the business to recognize the need to follow the law, be forthright, and be a well-run business. In addition, the neighbors have been told that a number of the laws are not enforceable. The neighbors feel a great need to protect their families, and Mr. Padilla requested the City give them a greater peace of mind.
Mayor Washburn stated that the City Council has noted all of the citizens concerns, and they have focused on a number of them extensively. He expressed that the Council cannot open this up to a broad discussion because it is not an agenda item.
Mickey Opfar, 588 West 150 North, presented the City Council with a copy of both business licenses that were submitted for this facility. She advised that Julie Holbrook filed the first application, and later Wade Holbrook came to the City to make changes and backdated the application to the original date. She voiced concern that the owner has been making statements that he is absolutely not concerned about the safety of the citizens. There was also not an investigation done on the possible mortgage fraud. Mr. Holbrook wrote a letter on February 2, 2006, stating that he has not accepted any contracts or money from clients. On January 24, 2006, he was on the Channel Two News stating that he was open for business, and he had clients moving in on January 23, 2006. Ms. Opfar indicated that the neighbors are concerned because Mr. Holbrook has not been honest, and he does not care about the safety in their community.
Nancy Haight, 174 North 555 West, commented that the Fourteenth Amendment to the Constitution states, “. . . nor deny to any person within its jurisdiction the equal protection of the law.” She expressed concern that the City is giving preferential treatment to the business owner because of fear of being accused of discrimination, and by doing that the City is discriminating against the neighborhood. The owner should be held to abide by the law and to fill out the application in a matter that is appropriate. They should not be allowed to backdate it. The applicant should have been made to reapply for a new license and start the process over. The City has helped the applicant every time the neighbors have brought a concern to their attention. She expressed that this is not right.
Meredith Seaver, 587 West 150 North, indicated that Mr. Holbrook’s attitude has been at best “innocent naiveté” about what should be done and what is proper for everyone, and at worst, a cavalier disregard for what should be happening. She expressed concern that he will not keep the neighbors or his clients safe. She asked when this would be an agenda item for the City Council.
Paul Johnson, City Attorney, responded that business licenses do not come before the City Council. They neither grant nor deny applications. According to State and Federal law, this is a permitted use in that zone; therefore, the City Council cannot take an action as a legislative body on this issue. It will never be appropriate for this item to be on the agenda.
Ms. Seaver then asked when the regulations that the City has in relation to this ordinance would become an agenda item so that the neighbors can see that this does not happen again. Mayor Washburn commented that the City Council has requested changes be made to the ordinance in order to place restrictions. When this item comes before the City Council, the neighbors are welcome to attend. The City Council does not have legal legislative rule in this particular situation. They have, however, personally tried to become involved to make sure that things have been done properly.
Mr. Reams committed that staff would notify the neighbors when the zoning ordinance amendment comes before the City Council.
Ms. Seaver inquired whether there would be further consideration given to the latitude that was exercised by the clerks who changed the business license application.
Mr. Reams responded that the City Council would be looking at rules and regulations by which the applicants have to live. Mr. Reams then noted that when citizens come to the City of Orem, whether it is for a business license or any other service, staff tries to be helpful and provide assistance. The business license specialist was trying to be helpful with the applicant as he would be with any other citizen. He has not been in the job very long, and staff has given him additional training that when a similar use is applied for, the City Attorney and City Manager is to be made aware of the application immediately.
Lynette Padilla, 182 North 555 West, stated that this business owner has done things very deceptively. The mortgage was obtained by fraud, because Julie Holbrook is supposed to live in the home for one year, and she is not. The Holbrooks put the business under one name in order to get the City to approve the business license so it could then go to the State. She expressed that the City should do an investigation into this business. Mrs. Padilla advised that she has never felt so unsafe to live in Orem. She then asked whether anyone was aware of the changes made to the business license application. Mr. Reams responded that the City Attorney did not make the decision unilaterally to change the application. It was reviewed very carefully by many attorneys in his office, as well as outside counsel. There were many hours involved in reviewing case law before a decision was made.
Lori Lee, 487 West 175 North, indicated that she pays taxes, lives by the law, and is an honest person. She stated that if she had done the things that the business owner had done, the City Council would not say that it was okay.
Mayor Washburn advised that she is wrong. The City Council is not giving the business owner preferential treatment.
Ms. Lee stated that it appears that business owner is being given preferential treatment because he lied on the original application, and he should be required to submit a new application just like anyone else would have to do. She then added that the owner has committed mortgage fraud. Julie Holbrook signed the loan stating that she would live in the home, and she is not even in the country. Mr. Johnson advised that the City cannot be in the position to determine whether mortgages are made fraudulently. He has worked for the City for twenty-three years, and he has never prosecuted anyone for mortgage fraud. The United States Attorney is responsible for mortgage fraud, and the neighbors could contact the FBI to pursue this issue.