CITY OF OREM
CITY COUNCIL MEETING - April 25, 2000
5:00 P.M. STUDY SESSION
CONDUCTINGMayor Pro Tem Judy Bell
ELECTED OFFICIALSCouncil members Les Campbell, Bill Peperone, Stephen E. Sandstrom, and Mike Thompson
APPOINTED STAFFJim Reams, Paul Johnson, and Donna Weaver
EXCUSEDMayor Jerry C. Washburn and Councilmember Joseph C. Andersen
Historic Preservation Advisory Commission
No changes were recommended for this ordinance.
Recreation Advisory Commission
No changes were recommended for this ordinance.
Courtesy Committee
Theron Baird, Courtesy Committee member, reviewed the status of the committee’s work. He asked the Council what direction to take in the future.
Subsequent to Council discussion, it was determined that the Courtesy Committee should continue with the work that it is doing through January 2001, when the Council will determine what course to take.
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
CONDUCTINGMayor Pro Tem Judy Bell
ELECTED OFFICIALSCouncil members, Les Campbell, Bill Peperone, Stephen E. Sandstrom, and Mike Thompson
APPOINTED STAFFJim Reams, Paul Johnson, Ed Gifford, Ben Thomson, and Donna Weaver
EXCUSEDMayor Jerry C. Washburn and Councilmember Joseph C. Andersen
PLEDGE OF ALLEGIANCE Warren Adams
INVOCATION Trevor Cox
APPROVAL OF MINUTES
City Council Meeting of April 11, 2000
Mr. Campbell moved to approve the April 11, 2000, minutes. Mr. Thompson seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
MAYORS REPORT/ITEMS REFERRED BY COUNCIL
Upcoming Events
City Council Minutes - April 25, 2000 (p.1)
Mayor Pro Tem Bell referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mayor Pro Tem Bell recommended the following individuals be appointed to serve:
Student Housing Ad-hoc Citizens’ Committee
Bill FairbanksDeveloper
Eric FagerburgResident
Dave WashburnResident
Michelle ParkerResident
Tom HoverUVSC
Bill PeperoneCity Council
Judy BellCity Council
Yvonne RomneyPlanning
Youth City Council Advisory Committee
Don McGee
Natalie Terry
Joan Moody
Richard Kimball
Suzanne Kimball
Human Relations Advisory Commission
David Dominguez
Mr. Thompson moved to approve Mrs. Bell’s recommendations. Mr. Campbell seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
Mayor Pro Tem Bell then proposed that Cory Jensen be reappointed to the Historic Preservation Advisory Commission.
Mr. Peperone moved to approve the reappoint of Cory Jensen to the Historic Preservation Advisory Commission. Mr. Sandstrom seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
Presentation - OK2BKIND Joe Nelson Courtesy Awards.
Mayor Pro Tem. Bell and Theron Baird presented OK2BKIND Joe Nelson Courtesy Awards to:
- Brad and Sophie Thomas from The Dairy Queen Store
- Brad Herbert
- Mark Fairbanks
Annual SCERA Report - Norm Nielsen.
Norm Nielsen provided the Council with a report on the SCERA for 1999 and passed out a calendar of the coming 2000 SCERA Shell season.
Proclamation - Arbor Day - April 28, 2000.
Mayor Pro Tem Bell read a proclamation naming April 28, 2000, as Arbor Day.
Mr. Campbell moved to approve the Arbor Day Proclamation. Mr. Sandstrom seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
CITY MANAGERS 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.
Carol Pitcher, 451 West 500 South, indicated that she is opposed to fluoridating Orem’s water. Her three oldest children have Fluorosis because of their sensitivity to accepted levels of fluoride. She provided information and pictures of her children’s teeth to the Council, stating that she does not want the issue to come to a vote within the county.
Mr. Reams said that there was an article in a local newspaper which reported that Utah County mayors voted in support of putting this issue on the ballot. He noted that Mayor Washburn and Mayor Billings of Provo were not in attendance at the meeting and did not vote in favor of it.
Commenting that the Council recently discussed whether to request that the County Commission put the fluoride issue on the ballot, Mr. Sandstrom said that the Council decided not to make that request. Mr. Sandstrom stated that he believes putting fluoride in the water is putting a medication into it, and he does not think that the City should force Orem’s residents to take that medication against their will.
CONSENT ITEMS
Mr. Thompson moved to approve the following Consent Items. Mr. Campbell seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
ORDINANCE and RESOLUTION - Require Recusal - Direct Conflicts of Interest - Re-adopt - Guide with Compliance Laws and Policies.
ORDINANCE - Human Relations Advisory Commission - Amend Sections 2-9-3 (Membership of Commission), 2-9-4 (Appointment), and 2-9-5 (Term of Office) of the City Code.
SCHEDULED ITEMS
CONDITIONAL USE PERMIT - Jake’s High Country Dance - 375 South Orem Boulevard.
Ben Thomson presented to the Council a recommendation to grant a conditional use permit to Jake’s High Country Dance at 375 South Orem Boulevard. On July 11, 1995, the Ballet Arts Center received a conditional use permit for a dance school at this location with no conditions other than the site be maintained as on the approved site plan. This facility has changed tenants, and Jake’s High Country Dance is now occupying this space. Jake’s High Country Dance is also a dance school, which is now a permitted use in this zone, but would like to hold dances that would be open to the public after the classes are over. Public dances are a conditional use in this zone. The dance school was previously located at 765 South Orem Boulevard, where it operated with a conditional use permit since October 1991. The dance school operates in the evenings offering classes for twenty to forty students until approximately 9:30p.m. After 9:30 p.m. the dance would be opened to the public until 1:00 a.m. In the past, the public dances have had fewer than eighty people present. The applicant indicates that this level of attendance will most likely continue but would like the opportunity to expand beyond that. This site plan was recently amended, adding a new building to the north of the existing facility occupied by Extreme Competition. The revised site plan provides reciprocal parking for all the tenants in both buildings. The site plan shows that ninety-one parking stalls are provided.
Mr. Reams pointed out that staff is recommending changes to the resolution to require (1) the age of participants be limited to 16 years or older, (2) the dances must end by 1:00 a.m., and (3)one security person must be provided for dances with more than 200 attendees and one additional security person for each additional 200 attendees.
Todd Jacobsen, applicant, said that he does not have any problems with the proposed revisions.
Mayor Pro Tem Bell invited comments from the audience, but no one came forward to speak.
In response to a query from Mr. Campbell about the age of the participants, Mr. Jacobsen said that approximately 75 percent of the participants are in college.
Mr. Sandstrom indicated that his office is near this facility, and he has never seen any problems.
Mr. Sandstrom then moved, by resolution, to grant a conditional use permit to Jake’s High Country Dance at 375 South Orem Boulevard with the changes proposed by Mr. Reams. Mr. Campbell seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Peperone, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
Mr. Peperone left the meeting at 6:43 p.m.
RESOLUTION - Conditional Use Permit - Kidz Kottage - Home Child Care Facility - 12Children - 718 North 945 West - R-1-7.5 Zone.
Ben Thomson reviewed with the Council a recommendation to approve the request of Kiersten Knudsen for a conditional use permit for a group family childcare home occupation business, Standard Land Use Code 6263, Home Day Care Services, at 718 North 945 West. The facility is located in a twin home located on a cul-de-sac with seven other twin homes. The facility provides childcare for a maximum of twelve children between the hours of 6:30 a.m. and 7:00p.m. and has one employee who does not reside in the dwelling. The entire back play area is enclosed with a six-foot high wood fence. A conditional use permit is required as the business (1) has one employee who does not reside in the dwelling, (2) has external evidence of the home occupation by allowing outside activities, (3) could generate more than five vehicles of traffic to the residence during any one hour, and (4) emits noise through outdoor activities that may cause interference with the residential use of adjacent properties. The applicant held a neighborhood meeting on March 22, 2000; concerns voiced by the neighbors were noise and parking. One parking stall is required for the nonresident employee and is provided in the existing driveway.
Ben Thomson noted that the Planning Commission voted 7-0 to recommend approval of this request with the following conditions:
1.It is the applicant’s responsibility to exercise care in the management of the traffic coming to and from her home business.
- The applicant must make all efforts to mitigate noise or damage to the property of her neighbors.
- That the Planning Commission review the conditional use permit in six months or upon a request made by neighbors.
When Mayor Pro Tem Bell asked if the applicant had any comments, Kiersten Knudsen informed the Council that she has remarried, and her last name is now Bushman.
Mrs. Bell invited comments from the audience.
Keith Stearman, 717 North 945 West, expressed concern that the conditional use permit would go with the property and not with the applicant, noting that Mrs. Bushman is only renting the house. He informed the Council that the background information in the agenda refers to seven twin homes, and there are actually eight. He read a letter from a neighbor, Florence Hazlett, who expressed disapproval of this request, indicating that there is insufficient parking, the yard is very small, and the increase in traffic could be dangerous for those living in the cul-de-sac. Mr. Stearman said that he hopes the daycare facility will not have a negative impact on property values and wondered what is meant by “twelve” children.
Ben Thomson indicated that twelve is the total number of children--including the applicant’s children--that can be cared for in the home at one time.
Beverly Phillips, noting that she is a neighbor of the applicant, declared that the condition of the home has been improved, since Mrs. Bushman moved there.
Mrs. Bell commented that conditional uses are permitted uses to which conditions can be applied. It has been determined that daycare is a good service to provide within neighborhoods.
Mr. Johnson stated that a conditional use goes with the property, but anyone running a daycare center at this location must be licensed with both the City and the State.
Ben Thomson remarked that any new tenant who conducts the same business at this location would have to abide by the same conditions. If that tenant does not meet the conditions, the City can hold a revocation hearing.
Mr. Campbell reflected that the neighbors would have to be the police and watch this business. He noted that Ms. Hazlett’s letter said that this area is a good place to raise children, and he wondered about other people who also need a good place for their children. He suggested that Mrs. Bushman prepare a strong statement about the neighbors’ concerns and provide copies to the parents of her daycare children.
Mr. Thompson moved, by resolution, to approve a conditional use permit for a home childcare facility at 718 North 945 West. Mr. Sandstrom seconded the motion.
When Mr. Campbell asked if the six-month evaluation will include conversations with the neighbors, Mr. Johnson replied that the Planning Commission would accept public input in an open meeting.
Mayor Pro Tem Bell called for a vote. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
COMMUNICATION ITEMS
There were no comments on the Communication Items.
CITY COUNCIL NEW BUSINESS
Level of Interest in a Skate Park
Mr. Campbell suggested that the City should determine the interest and participation levels for the proposed skate park before constructing it. Mr. Reams said that staff will bring a recommendation on how to determine that to the Council.
Fence Ordinance
Mr. Sandstrom commented that a neighbor has approached him about restrictions on sports courts because of the fence-height requirements. Mr. Reams indicated that the amended ordinance did not anticipate this problem, and staff will prepare a revision for Council consideration.
PERSONAL APPEARANCES – Continued.
Wayne Brickey, 554 West 165 South, remarked that there has been some recent discussion about putting an access from Mountain View High School onto 165 South. He asked that the Council put this issue on a future agenda for discussion. He presented to the Council a petition from neighbors who are opposed to such an access.
Mr. Reams stated that the City has not agreed to do anything yet, and the time is still appropriate for public input on this issue. There will be public meetings held before any decision is made.
Bob Tackleberry, Provo resident, indicated that he works in Orem and expressed concern that fines for speeding in school zones are being lowered. He said he realizes that the police cannot be everywhere, and he suggested that Photo Cop could be used for school zones.
Mrs. Bell said that she has recently attended meetings about putting “teeth” into traffic laws. Orem City is working on the problem. She remarked that Photo Cop is not currently being used in Utah, because it is in litigation.
Mr. Johnson noted that fines for speeding in school zones are mandated by State law. There are some judges who change the fines, but Orem has no control over that.
CITY MANAGER INFORMATION ITEMS
Mr. Reams reviewed with the Council the consolidation of neighborhoods for town meetings.
The consensus of Council was to accept the proposed boundaries and to have the meetings begin in September 2000.
ADJOURN TO A CLOSED-DOOR MEETING – Property Acquisition and Litigation.
Mr. Thompson moved to adjourn to a closed-door meeting to discuss property acquisition and litigation pursuant to Sections 5245(1)(a)(iv) and 5245(1)(a)(iii), respectively, of the Utah State Code Annotated. Mr. Campbell seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Sandstrom, and Mr. Thompson. The motion passed unanimously.
The meeting adjourned at 7:18 p.m.
CLOSEDDOOR SESSION - Property Acquisition and Litigation.
A closeddoor session was held at 7:26 p.m. to discuss property acquisition and litigation pursuant to Sections 5245(1)(a)(iv) and 5245(1)(a)(iii), respectively, of the Utah State Code Annotated. Those in attendance were: Mayor Jerry C. Washburn; Council members Judy Bell, Les Campbell, Stephen Sandstrom, and Mike Thompson. Staff included Jim Reams, John Park, Paul Johnson (left the meeting at 8:20 p.m.), Ed Gifford, and Donna Weaver. Jody Burnett was in attendance until 7:40 p.m. The meeting adjourned at 9:05 p.m.
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Melody Downey, Secretary
Approved: May 2, 2000
City Council Minutes - April 25, 2000 (p.1)