City of Orem s9

CITY OF OREM

CITY COUNCIL MEETING

56 North State Street Orem, Utah

July 10, 2012

4:00 P.M. WORK SESSION

CONDUCTING Mayor James Evans

ELECTED OFFICIALS Councilmembers Hans Andersen, Margaret Black, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner

APPOINTED STAFF Bruce Chesnut, City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Chris Tschirki, Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

DISCUSSION – Portable Signs

Mr. Sainsbury said this is an issue that has some major impact on the community. Mrs. McCandless had wanted the City Council to have an opportunity to discuss the draft ordinance before this went to the City Council for a vote, so staff is recommending this item be continued until September.

Mr. Sainsbury explained that the biggest issue is that businesses feel they can only be successful if they have banner signs. The Planning Commission has concerns with allowing banner signs. Mr. Sainsbury gave an example of a computer software company that is moving from Orem to Thanksgiving Point because they were concerned that State Street does not portray the image the company wants to show.

Mr. Sainsbury said the City likes to do positive things in the community. Jason Bench, City Planner, went around the Orem to look for businesses that had nice landscaping, so the City could send them thank you letters. Mr. Bench noticed that the businesses that had nice landscaping did not have banner signs.

Mr. Andersen asked whether the window sign at The Bead Lady business is a problem. Mr. Sainsbury said he has not had a complaint about the window sign. A sign can cover eighty percent of a window. The sign problem at the Bead Lady was an a-frame sign that is placed on the landscape or sidewalk.

Mr. Seastrand questioned if the ordinance allows sufficient permanent signage for the businesses and if there was any language that differentiates between permanent and promotional signage.

Mr. Bench indicated there is some temporary signage allowed in the city.

Mr. Andersen said one of the car dealerships had a blow up bear that was cute. He questioned whether that is allowed. Mr. Bench said they are allowed for thirty days.

Mayor Evans asked what Steve Demsley, Chamber of Commerce, had to say about this issue. Mr. Sainsbury replied that Mr. Demsley understands the need to make the cities look nice.

Mrs. Black said the Beautification Commission has some concerns with this proposal. They were planning on coming to the Council meeting to discuss their issues.

Carlos Iglesias, Ken Garff, agreed that there needs to be a compromise; however, it is important not to take the signs totally away. He recommended using the businesses to help enforce the ordinance, indicating he would be fine going out to talk to another business about illegal signage.

Mr. Sainsbury said he would rather have it approved for no signs or all signs because the enforcement of allowing a business to have them for a specific time period would be impossible.

Mr. Sumner advised that he used to go out and sell advertising in the newspaper, so there were not a lot of banner signs. However, now there is a big problem with the signs, and the enforcement is difficult.

Mrs. Black said the question for her is how to have a nice looking city and still support businesses. There has to be some way to limit this. The problem is getting worse, and it is ugly.

Mayor Evans indicated that the direction tonight is to postpone the public hearing until September. He said Councilmembers will have to do a lot of homework between now and then to determine the direction they want to go.

Mr. Andersen asked Mr. Iglesias if the signs at the Garff dealership stay within the fifty-foot limit. Mr. Iglesias stated they do, but the Mazda dealership signs do not, and he has not had a chance to speak with Mr. McDonald yet about them.

PRESENTATION – Utah Transit Authority – FrontRunner Corridor

Dave Goeres, UTA, said that FrontRunner is now in Utah County, and they are currently doing low-speed tests. As soon as they get clearance, they will be running high-speed tests as fast as seventy-nine miles per hour. For safety issues, Mr. Goeres indicated the red light is what determines the train’s location, not the gates, so people need to be aware that they cannot go forward until the lights stop flashing. December 10, 2012, will be the opening day for FrontRunner South. Next year there will be four new rail openings.

REPORT – Victim’s Advocate

Renee Flitton and Jessie Richens, Victim Advocates, briefed the City Council on the statistics from the previous year. Mrs. Flitton stated they only serve Orem residents, and last year they assisted with the following cases:

· 497 Domestic Violence

· 117 Stalking

· 30 Sex Offenses

· 79 Child Abuse

· 56 Other

o Burglaries

o Assault

o Victim Protection Order

· 284 Protective Orders

· 68 Stalking Injunctions

· 752 Total Victims Served in 2011

Ms. Richens indicated there has been an increase in phone harassment and social media harassment with Facebook. There are more stalking cases as well.

Mrs. Flitton noted that their job is rewarding. They are on call twenty-four hours a day and have to respond to some unpleasant situations, but they do get to meet a lot of wonderful people.

Ms. Richens said there is a State Fund that helps victims of crime. The funds come from fines and charges for violations.

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items.

CITY COUNCIL NEW BUSINESS

Councilmember Andersen

Mr. Andersen questioned whether the UTOPIA audit had been completed. Mr. Manning explained it is still a draft audit and is not quite finished.

Councilmember Black

Mrs. Black said the Beautification Advisory Commission had expressed concern with people laying out blankets for the Summerfest parade so early. They are requesting the City Council look at the issue and possibly propose legislation to limit the time people can do that.

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 James Evans

ELECTED OFFICIALS Councilmembers Hans Andersen, Margaret Black, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner

INVOCATION /

INSPIRATIONAL THOUGHT Don Pendergrass

PLEDGE OF ALLEGIANCE AJ Prasad

6:00 P.M. PUBLIC HEARING

ORDINANCE – Amending Sections 14-2-5, 14-3-2, and 14-3-3 of the Orem City Code Pertaining to Sign Regulations and Requirements

Bruce Chesnut, City Manager, presented a staff recommendation that the City Council continue this item to the September 11, 2012, City Council meeting at 6:00 p.m.

Mrs. McCandless moved to continue this item to September 11, 2012, at 6:00 p.m. Mr. Seastrand seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

APPROVAL OF MINUTES

City Council Meeting of June 19, 2012

Mrs. Black moved to approve the minutes of the June 19, 2012, meeting of the Orem City Council. Mr. Sumner seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner. 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 Evans recommended Julene Butler be appointed to serve on the Library Advisory Commission.

Mr. Seastrand moved to appoint Julene Butler to serve as a member of the Library Advisory Commission. Mrs. Black seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

Mayor Evans then recommended Peggy Philbrick and Cassandra Barney to serve on the Orem Arts Council.

Mrs. Street moved to appoint Peggy Philbrick and Cassandra Barney to serve as members of the Orem Arts Council. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

Mayor Evans recognized Gayla Muir as a former Orem Arts Council member and thanked her for her service.

Recognition of New Neighborhoods in Action Officers

No new Neighborhood in Action officers were recognized.

PROCLAMATION – Utah Valley University Baseball Team

Mr. Sumner read a proclamation recognizing the Utah Valley University baseball team for their accomplishments and proclaiming July 10, 2012, as Utah Valley University Baseball Day.

CONSENT ITEMS

There were no consent items.

SCHEDULED ITEMS

6:00 PUBLIC HEARING

RESOLUTION - Amending Chapter 4 of the Orem General Plan as it Relates to Accessory Apartments

ORDINANCE - Amending Section 22-6-9(I) of the Orem City Code as it Relates to Accessory Apartments

Stanford Sainsbury, Development Services Director, presented a Planning Commission recommendation that the City Council:

· By resolution, amend Chapter 4 of the Orem General Plan to state that accessory apartments will be a low and medium-density housing option; and

· By ordinance, amend Section 22-6-9(I) of the Orem City Code to allow accessory apartments.

An accessory apartment is a subordinate dwelling that has its own eating, sleeping, and sanitation facilities within a main residential building that is owner occupied. To be owner occupied, the owner must use the dwelling as his/her primary dwelling and mailing address. Homes with accessory apartments require three off-street parking stalls that do not include parking spaces inside of garages and carports. Accessory apartments must be between 300 and 1200 square feet and may not have more than two bedrooms. Accessory apartments are considered separate dwelling units and must meet all building codes adopted by the State for separate dwellings. There are currently 503legal accessory apartments in the City of Orem. Since 2003, new accessory apartments have not been permitted.

General Plan

The General Plan is a guide or framework for future development in the City of Orem. One of the components of this Plan is housing and how the needs of the residents will be met by future development. The City Council, which recently updated the General Plan, directed Staff to specifically consider accessory apartments.

The Planning Commission recommends approval of the proposed text change to Chapter 4 – Housing:

4.3. LOW DENSITY RESIDENTIAL

Low-density residential zones (R8, R12 and R20) and single-family homes shall continue to be the backbone of the housing stock in Orem. Many other housing varieties and options should be available to meet the needs of the community, but the majority of the residential land shall continue to be used for low-density single-family housing. Existing and future accessory apartments are a low and medium density housing option that meets the needs of the community in providing a mix of affordable housing throughout the City.

The Planning Commission feels that accessory apartments are an appropriate use in residential zones and that the negative effects associated with accessory apartments will be minimal while the positive effects will be numerous.

Ordinance Amendment

At a recent City Council meeting where the possibility of including accessory apartments in the General Plan was discussed, the Council asked to have a specific ordinance that it could review at the same time that it considered amending the General Plan. The Planning Commission discussed accessory apartments on 7-20-11, 8-3-11, 9-7-11, 11-2-11, 3-21-12, 6-6-12, and 6-20-12. They looked at spacing, limiting the number of accessory apartments in each neighborhood, adding an additional parking stall, bonding, and many other possible requirements. They also heard from the Utah County Housing Authority, Utah County Realtors association, developers, builders, other professional organizations, homeowners, neighborhood chairs, and citizens. They invited the Neighborhood Preservation Officers (NPU) to express their concerns and suggestions on several occasions. They also held several work sessions. At the conclusion, the Planning Commission felt the current ordinance governing accessory apartments was well thought out and would best serve the community. Although the Planning Commission considered several possible restrictions on accessory apartments, they felt that they were unnecessary and that the negatives associated with each of these potential restrictions outweighed the benefits. It became clear to the Planning Commission that legal accessory apartments are not the problem, but that it is the illegal accessory apartments that receive most of the complaints. By allowing legal accessory apartments, those who have illegal apartments can work toward becoming legal which would solve many of the neighborhood problems. The Planning Commission discussed several different ideas on how to deal with illegal apartments, but felt that this ordinance should not be held up while the City works on better ways to enforce the zoning ordinance. The enforcement issue could include budgeting, allocation of City resources and other policy decisions with such considerations being beyond the purview of the Planning Commission. The Commission felt that these were two separate issues and that they should only deal with the planning issue and not the enforcement issue.

The Planning Commission recommends the following amendment to Section 22-6-9(I) of the Code be approved. This amendment, as proposed, reinstates accessory apartments with no other changes to the existing ordinance.

22-6-9

I. Accessory Apartments. In June 1992, the City enacted regulations that allowed an accessory apartment to be maintained in a single family dwelling upon compliance with requirements pertaining thereto and upon receipt of a City permit. No accessory apartment may be created or maintained without a valid City permit. An accessory apartment permit shall become null and void in the event that the building permit expires for failure to make adequate progress. An accessory apartment that is constructed and maintained in accordance with all City ordinances and requirements may continue as a legal use subject to the requirements of this subsection (I).