General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

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Notice Title

Orem City Council

Notice Tags

Zoning

Notice Type(s)

Meeting

Event Start Date & Time

March 13, 2012 04:00 PM

Event End Date & Time

March 8, 2012 05:08 PM

Description/Agenda

CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah March 13, 2012 This meeting may be held electronically to allow a Councilmember to participate. 4:00 P.M. WORK SESSION – PUBLIC SAFETY TRAINING ROOM 1. PRESENTATION – City Council Technology Options 2. DISCUSSION – Solid Waste Service – Service Delivery Options 3. PRESENTATION – Lakeview Parkway and Trail Update AGENDA REVIEW 4. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 5. This is an opportunity for members of the City Council to raise issues of information or concern. 6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS CALL TO ORDER INVOCATION/INSPIRATIONAL THOUGHT: By Invitation PLEDGE OF ALLEGIANCE: By Invitation APPROVAL OF MINUTES 6. MINUTES of Joint Orem City/Vineyard Town Council Meeting – January 12, 2012 7. MINUTES of City Council Meeting – February 28, 2012 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 8. UPCOMING EVENTS 9. UPCOMING AGENDA ITEMS 10. APPOINTMENTS TO BOARDS AND COMMISSIONS There are no vacancies 11. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 12. RECOGNITION - WinCo 13. RECOGNITION – Timpanogos High School Girls Basketball Team – State Champions CITY MANAGER’S APPOINTMENTS 14. APPOINTMENTS TO BOARDS AND COMMISSIONS Board of Adjustment – 1 appointment PERSONAL APPEARANCES 15. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. Due to these items not being on the agenda, there will be no discussion or action taken on them at this meeting. If you are interested in receiving the response to the items, please leave your contact information with the City Recorder. (Please limit your comments to 3 minutes.) CONSENT ITEMS 16. There are no consent items. SCHEDULED ITEMS 17. RESOLUTION - Consideration for Adoption of a Resolution of the City Council of the City of Orem, Utah (The “Issuer”), Authorizing the Issuance and Sale of Not More than $1,900,000 Aggregate Principal Amount of Sales Tax Revenue Refunding Bonds, Series 2012; Fixing the Maximum Aggregate Principal Amount of the Bonds, the Maximum Number of Years over Which the Bonds May Mature, the Maximum Interest Rate Which the Bonds May Bear, and the Maximum Discount from Par at Which the Bonds May Be Sold; Delegating to Certain Officers of the Issuer the Authority to Approve the Final Terms and Provisions of the Bonds Within the Parameters Set Forth Herein; Providing for the Publication of a Notice of Bonds to Be Issued; Providing for the Running of a Contest Period; Authorizing and Approving the Execution of a Supplemental Indenture, a Bond Purchase Agreement, and Other Documents Required in Connection Therewith; Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution; and Related Matters RECOMMENDATION: The City Manager recommends the City Council, by resolution, authorize the issuance and sale of not more than $1,900,000 aggregate principal amount of Sales Tax Revenue Refunding Bonds, Series 2012, and related matters. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: In 2002, the City issued $12,175,000 of Sales Tax Bonds for the purpose of constructing several park and recreation projects including the Scera Park Pools, the Mt. Timpanogos Park, Nielsen’s Grove Park, the Skateboard Park and the renovation of the City Center Ball Parks. In 2007, the City refunded the long-term portions of the original $12,175,000 for a savings over the life of the bonds in excess of $200,000. The City now has an opportunity to refund the remainder of the original bonds for an additional saving of approximately $67,000 over the remaining three years of these bonds. The original 2002 Sales Tax Bonds were to be paid off on April 15, 2023. The 2007 Refunding Issue has the exact final maturity date. The new 2012 Refunding Issue has a maturity date of April 15, 2015. The parameters resolution authorizes not only the issuance of the 2012 Refunding Bonds, but also sets a maximum amount of the bonds, the maximum number of years over which the bonds may be issued and the maximum interest rate on the bonds. Additionally, it set the provisions for the publication of the issuance of these bonds and begins the contest period along with other related matters. 6:00 P.M. PUBLIC HEARING 18. ORDINANCE - Amending Section 22-6-8-(D)(1) of the Orem City Code by Adopting Subsection (d) to Permit a Concrete Panel Fence in a Public Utility Easement REQUEST: Paul Washburn requests the City Council amend Section 22-6-8(D)(1) of the Orem City Code by enacting subsection (d) to permit concrete panel fences to be located within a public utility easement (PUE). POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: According to the International Building Code (IBC), a concrete panel fence requires a building permit. Section 22-6-8(D) of the Orem City Code states any accessory building/structure (requiring a building permit) cannot be placed in a PUE. Fences constructed of wood, vinyl, or chain link may be located in a PUE as these do not require a building permit and are easily removable. Concrete panel fences, however, are not easily removable and viewed as a permanent structure and removal and replacement is very costly and time consuming. The applicant represents a homeowner who desires a concrete fence around their lot, which is adjacent on three sides to a public right-of-way. However, along the perimeter of the lot is located a PUE. Four of the five easement holders are willing to vacate the easement but a single utility is not. For this reason, the plat and easements cannot be vacated. The applicant proposes amending the Orem City Code to allow concrete panel fences (that do not require footings under the panels) to be permitted in a PUE provided the easement holders approve. In addition, all cost involved with removal and/or replacement of the fence for easement access will be the responsibility of the owner. Of the six communities surveyed in Utah County (American Fork, Springville, Lehi, Spanish Fork, Pleasant Grove, and Lindon) only American Fork prohibits concrete fences in a PUE. The proposed text is as follows: 22-6-8 (D)(1)(d) Concrete panel fences, (fence panels that do not require a solid footing) may be located within the public utility easement provided the property owner receives releases from the affected utility companies and agrees that any future modification of their fence required by those companies will be at the property owner’s expense. Advantage: • Permits additional fencing options in a PUE Disadvantage: • Future property owners may not be aware of potential cost should a fence need to be removed 6:00 P.M. PUBLIC HEARING 19. ORDINANCE – • Enacting Section 22-11-45, PD-32 Zone Cypress Grove Apartments and Appendix Z of the Orem City Code; and • Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located Generally at 1840 North State Street From the C2 and R8 Zones to the PD-32 Zone REQUEST: The applicant requests the City Council, by ordinance, enact Section 22-11-44, PD-32 zone Cypress Grove Apartments and Appendix “Z” of the Orem City Code and rezone property located generally at 1840 North State Street from the C2 and R8 zones to the PD-32 zone. POTENTIALLY AFFECTED AREA: Northridge Neighborhood BACKGROUND: The site in question is located south of the old Allen’s grocery store on North State Street and has never been developed. The applicant requests approval for Cypress Grove Apartments, which is a 3-story apartment development consisting of 3 24-unit apartment buildings totaling 72 units. The site plan contains 165 parking stalls with 72 covered and 93 uncovered. The proposed development will not contain subsidized housing units. All the proposed units will be at or above the average market rate for apartments in Utah County. The Planning Commission considered the application on February 1, 2012. With only 4 members present, the Planning Commission had a split vote of 3 to1 to recommend approval, however, without a 4 vote majority, the request was forwarded to the Council with no recommendation. The applicant’s request consists of two parts. First, the applicant requests the City enact a new Planned Development zone for the property. The text for the PD-32 zone and Appendix “Z” will allow apartment or condominium units to be developed. The PD-32 standards include: • The development shall be in conformance with Appendix “Z”; • Only Apartment or Condominium uses are allowed; • A maximum structure height of 50 feet; • A minimum 50-foot setback from the residential zone to the east; • A masonry wall at least 7 feet in height is required along the property between the PD-32 zone and residentially zoned property; • A minimum of 2.25 parking stalls per dwelling unit; and • Building design standards which require at least 60 percent of the exterior walls to be finished with brick, stone, stucco, or a combination thereof. Second, the applicant requests the City amend Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by changing the zone on the subject property from the C2 and R8 zone to the PD-32 zone. According to the Orem City Code, a PD zone can be used to create a residential development if the residential development is significantly different in design, layout, or characteristics from the type of residential development allowed under existing zoning classifications. The applicant has the burden of proof to show that the proposed development meets the intent of the PD zone and if the proposed development is in the best interest of the public. The Orem General Plan states Planned Development (PD) zones are intended to allow freedom of design in order to obtain development which will be an asset to the City…They should only be approved when all other zoning options do not address and solve the specific circumstances and problems of the site, or when the PD meets an articulated need of the City…A PD zone allows the City greater control and coordination over the development process, and creates a more predictable development process. The applicant has the burden of proof to show that the proposed development meets the intent of the General Plan. Transportation Analysis: Based on the traffic study provided by the applicant, if the proposed development generates the same number of daily traffic trips compared to the national average for this type of development, it will generate 478 daily vehicle trips with 36 occurring during the a.m. peak hour and 45 taking place during the p.m. peak hour. If a commercial/retail building of 43,000 square feet is built on the property it would generate 1,222 new daily traffic trips, with 141 trips in the p.m. peak hour (this is again comparing national averages for commercial/retail developments). Based on the traffic study, the current westbound 1830 North approach to the State Street intersection operates at a LOS (Level-of-Service) "F" in the p.m. peak hour and a LOS "B" in the a.m. peak hour. Additional access on State Street needs to be provided for whatever type of development happens on this corner of 1830 North and State Street. Under either development scenario (existing C2 zoning or the proposed rezone) it is expected that some traffic increase will occur on neighborhood streets in the area. The proposed apartment complex may generate less traffic than what is permitted in the existing C2 zone. If there is a rezone, the City has the opportunity to pursue improvements that will lessen what the traffic impacts may be for the existing C2 zone. Development in the existing zone may not permit the City to require these traffic mitigation improvements with site plan development, therefore a rezone may help the City to better mitigate future traffic impacts. Transportation Recommendations if approved: 1) Require the developer to obtain an access easement(s) through the properties to the north that connect to access points on State Street and 2000 North. The additional access opportunities this will generate to State Street and 2000 North should help minimize traffic increases on surrounding neighboring streets; and 2) Require that 1830 North have pavement marking changes with the rezone development that will allow separate left and right turn lanes at State Street. This will require some red-curb parking restrictions on 1830 North near State Street. Neighborhood Meeting: A neighborhood meeting was held on December 15, 2011, concerning the proposed rezone and ordinance amendment with approximately thirty people from the neighborhood in attendance. Some of the concerns include an increase in traffic, the density and height of the building, community impact on schools, and the location of the project. After reviewing the proposed rezone and ordinance amendments, staff has listed several advantages and disadvantages concerning the proposed requests. Advantages: • Brings an additional housing option to the city and residents; • Provides a buffer between State Street and the neighborhoods to the east; • Increases the population and tax revenue without the need for additional infrastructure; • May bring less traffic than a commercial use; and • Puts more eyes on State Street Disadvantages: • Potential increase in traffic on residential streets in the area; • Increased traffic conflicts with the access from 1830 North to State Street; and • Reduces the commercially zoned property in the area. In reviewing the proposed concept plan, staff would request the Council consider a requirement to locate one of the proposed buildings next to State Street with a landscape buffer between the building and State Street and not have a parking lot separating the project from the street. Staff contends that projects bringing the buildings closer to the street add aesthetics and design quality to the street. Several projects including Cortland Ridge (828 N. 800 W.), Siena Villas (1847 S. Columbia Lane), Midtown Village (320 S. State), and North Abby Condominiums (1820 N. State) are projects that incorporate the buildings along the street frontage which adds to the overall quality and appearance of the project from the street. The applicant has provided a concept plan (Option B) showing this request, but prefers the concept plan that keeps the buildings closer together with the parking on the perimeter of the project (Option A). 20. ORDINANCE – Amending Section 12-5-13 Towing and Parking Enforcement Companies and Section 19-7 Towing and Parking Companies of the Orem City Code RECOMMENDATION: The Public Safety Director recommends the City Council, by ordinance, amend Section 12-5-13 and Section 19-7 of the Orem City Code. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The City of Orem is responsible for protecting the health, safety, and general welfare of the city. Utah Code § 72-9-601 et seq. regulates tow truck motor carriers and gives the City guidance regarding its ability to regulate tow truck companies. In conjunction with the State statute, Section 12-5-13 of the Orem City Code provides the procedure that towing companies must follow to obtain permission to conduct towing and parking enforcement operations within the city. Section 19-7 of the Orem City Code regulates the conduct of towing and parking companies and imposes requirements and restrictions on towing and parking enforcement companies in furtherance of protecting the safety and welfare of the City’s residents, their property, and those of the towing and parking enforcement companies. The purpose of the proposed ordinance amendments are to: 1. Require towing and parking enforcement companies to comply with the City’s license and registration process and with the requirements of Utah Code § 72-9-601 et seq.; 2. Deter the act of predatory towing by (a) requiring tow truck and parking enforcement companies to contact the Orem Department of Public Safety dispatch to obtain an Orem Department of Public Safety Incident Report Number before the towing or booting of a vehicle is commenced, and (b) requiring the tow truck company to transport any vehicle that has been towed to a secure vehicle storage facility before towing another vehicle; and 3. More clearly define when a “tow” begins. The Public Safety Department, staff, and certain members of the City Council have raised concerns regarding licensing and towing enforcement practices indicating that towing companies have been engaged in predatory towing and are not complying with the City’s license or registration process and State law. For example, towing and parking enforcement companies have failed to provide the City with current employee lists making it impossible for background checks to be conducted. The City has received complaints about predatory towing practices including instances where tow truck operators hook up a vehicle and move it out of sight, then return to the same area and commence another tow before transporting the first vehicle to a vehicle storage facility. Such conduct puts the vehicle owner’s property at risk and does not comport with the spirit of the State statute which requires a tow truck carrier to immediately inform law enforcement and the Motor Vehicle Division that a vehicle has been towed to a storage facility. Although Section 19-7-5 of the Orem City Code has always required tow truck companies to contact dispatch prior to towing a vehicle, the amendment will now require a tow truck company to obtain an Orem Department of Public Safety Incident Report Number before commencing a tow. This amendment will allow dispatch to check on the status of the vehicle before it is towed and will provide additional protection to the tow truck company from any potential liability it might incur from towing a vehicle that may have been involved in a crime. To resolve the problems discussed above, Section 12-5-13 of the Orem City Code is amended to: (1) clarify the definition of a “tow” or “towing”; (2) require all towing companies to update their employee lists so that background checks can be completed before the new employee begins working; (3) require evidence of insurance coverage and compliance with surety bond requirements at the time an application or registration form is filed with the City; (4) require a current schedule of fees and copies of all towing contracts to be filed with the City at the time of registration or application; (5) require proof that a towing company requesting a business license actually has its principle place of business within the corporate limits of the City; (6) require towing companies to update all required paperwork with the City by December 31st of each year; and (7) require annual review of the towing application and registration requirements. Section 19-7 of the Orem City Code is amended to: (1) indicate that all towing companies are required to comply with the requirements of Section 19-7 and failure to comply may result in the suspension or revocation of a towing company’s or a parking enforcement’s business license or its right to conduct towing operations within the city; (2) require tow truck operators to contact dispatch before a tow or boot of a vehicle begins; and (3) require tow truck operators to take a vehicle directly to its storage facility before towing another vehicle. COMMUNICATION ITEMS 21. There were no communication items. CITY MANAGER INFORMATION ITEMS 22. This is an opportunity for the City Manager to provide information to the City Council. These items are for information and do not require action by the City Council. ADJOURNMENT

Notice of Special Accommodations (ADA)

THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special accommodation to participate in the City Council Meetings and Study Sessions, please call the City Recorder’s Office at least 3 working days prior to the meeting. (Voice 229-7074) (TDD # 229-7037)

Notice of Electronic or Telephone Participation

This meeting may be held electronically to allow a Councilmember to participate.

Meeting Information

Meeting Location

56 North State Street
Council Chambers
Orem, 84057
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Notice Posting Details

Notice Posted On

March 08, 2012 05:09 PM

Notice Last Edited On

March 08, 2012 05:09 PM

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