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)

Event Start Date & Time

September 23, 2008 06:00 PM

Event End Date & Time

September 23, 2008 11:56 PM

Description/Agenda

CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah September 23, 2008 4:30 P.M. WORK SESSION – MULTIPURPOSE ROOM 1. UDOT PRESENTATION – I-15 Expansion – Dal Hawkes 5:00 P.M. STUDY SESSION – MULTIPURPOSE ROOM AGENDA REVIEW 2. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 3. 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 4. MINUTES of City Council Meeting – September 9, 2008 5. MINUTES of City Council Retreat – September 16, 2008 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 6. UPCOMING EVENTS 7. UPCOMING AGENDA ITEMS 8. APPOINTMENTS TO BOARDS AND COMMISSIONS There are no vacancies 9. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 10. PRESENTATION – Miss Orem Awards – Krystal Millard 11. REPORT – Historic Preservation Advisory Commission CITY MANAGER’S APPOINTMENTS 12. APPOINTMENTS TO BOARDS AND COMMISSIONS The City Manager does not have any appointments. PERSONAL APPEARANCES 13. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. (Please limit your comments to 3 minutes.) CONSENT ITEMS 14. There are no consent items. SCHEDULED ITEMS 6:15 P.M. PUBLIC HEARING 15. ORDINANCE – Amending Sections 22-2-1 and 22-14-13 of the Orem City Code Pertaining to Landscaping Requirements REQUEST: Development Services requests the City Council consider amending Sections 22-2-1 and 22-14-13 of the Orem City Code pertaining to commercial and residential landscaping requirements. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The Development Services Department proposes several modifications to the landscape standards that apply to all types of development within the City of Orem. The recommended changes include: • Minor modifications to the definition of landscaping and rearranging several segments under new headings within Section 22-14-13; • Only a certain percentage of the front yard or street side yard adjacent to a street can be used as driveway area; • All required landscaped areas shall be landscaped with a combination of grass, shrubs, trees, flowers, vines, or other living plants; and • Allow up to thirty percent of the required landscaped areas to include bark chips, mulches, decorative rocks, bricks, boulders, etc., provided that they are part of a deliberate landscaping plan and not a result of neglect. After reviewing the proposed ordinance amendment staff has listed several pros and cons concerning the proposed request. Advantages: • The new requirements will provide flexibility in designing and maintaining landscapes consistent with Utah’s climate. • The landscaping could use less water by incorporating thirty percent of mulches, decorative rocks, etc. into the landscaping areas. • The landscape requirements allow flexibility in the type of plants allowed to fulfill the “living plant” requirements such as flowers, vines, etc. Disadvantages: • Potential enforcement issues relating to the maintenance and size of the mulch, rock, and gravel areas. On August 20, 2008, the Planning Commission recommended the City Council approve the amendments as outlined below: 22-2-1. Definitions. Landscaping shall mean the application or use of some combination of grass, shrubs, trees, flowers, vines, or other living plants. Bark chips, mulches, peat moss, rocks, boulders, gravel, fountains, pools, statues, retaining walls, and benches may also be used in limited amounts as set forth in this chapter. 22-14-13. Landscaping. A. Purpose. The purpose of the landscaping requirements in this Chapter is to (1) promote pleasant and attractive surroundings and thereby enhance, conserve, and stabilize property values and create a more pleasant community, and to (2) reduce heat, noise, and glare through the proper placement of green plants and trees. B. Residential Lots. The entire front yard and side yard adjacent to a street of lots in residential zones (excluding driveways and sidewalks) shall be landscaped. The area of driveways on residential lots shall be limited as follows: 1. The area of a driveway leading to a two-car garage or smaller shall not exceed fifty percent (50%) of the area of the front yard or side yard in which the driveway is located. 2. The area of a driveway leading to a three-car garage shall not exceed fifty-five percent (55%) of the area of the front yard or side yard in which the driveway is located. 3. The area of a driveway leading to a four-car garage or larger shall not exceed sixty percent (60%) of the area of the front yard or side yard in which the driveway is located. 4. The area of all driveways on a corner lot shall not exceed thirty percent (30%) of the combined area of the front yard and side yard adjacent to a street. C. Commercial, Industrial, Business Park, and Multiple Family Lots. In addition to the landscaping requirements set forth in other sections of the Orem City Code, lots in commercial, industrial, business park, and multiple-family residential zones shall comply with the following requirements: 1. The strip of land between the back of the curb and the lot line, exclusive of sidewalks, shall be landscaped. 2. All landscaped areas shall be separated from off-street parking areas and driveways by a concrete curb or other material approved by the City. D. All Lots. The following shall be applicable to lots in all zones. 1. All areas required to be landscaped under this Chapter shall be planted and maintained with some combination of grass, shrubs, trees, flowers, vines, or other living plants. The plants used for the required landscaping must cover the ground with living plant material at a distance of no more than twenty-four inches (24”) above ground level. For example, a tree canopy with foliage at a height of ten feet would not meet the landscaping requirement of this section. Notwithstanding the above, up to, but no more than thirty percent (30%) of all required landscape areas may be covered and maintained with: (a) bark chips, mulches, and peat moss; (b) decorative rocks, bricks, boulders, and gravel (provided that all such materials are installed with a depth of four inches (4”) or more with a weed block barrier underneath); or (c) ornamental objects such as fountains, pools, statues, retaining walls, and benches. The use of rocks, boulders, and gravel is only permitted to the extent that such materials are part of a deliberate landscaping plan and not the result of the natural state of the land or neglect of the landscaping. 2. Where the buffered sidewalk design is used, the strip of land between the back of curb and the sidewalk shall be landscaped with lawn and deciduous trees in conformance with Appendix “U.” Trees shall be spaced at a maximum of thirty feet (30’) on center, midway between curb and sidewalk. 3. All landscaped areas shall be maintained in a neat, clean, and orderly condition. This is meant to include proper pruning, lawn mowing, weeding, removing of litter, fertilizing, replacing of dead plants and the regular watering of all landscaped areas. 6:15 P.M. PUBLIC HEARING 16. ORDINANCE – Amending Section 22-19-1(A) and Appendix A of the Orem City Code by Enacting Standard Land Use (SLU) Code 2431, Cabinetry, Furniture, and Fixture Manufacturing REQUEST: The applicant is requesting the City Council amend Section 22-19-1(A) and Appendix A of the Orem City Code by enacting SLU Code 2431, Cabinetry, Furniture, and Fixture Manufacturing to be permitted uses in the C2, M1, M2, and CM zones. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Cabinet shops and related businesses were previously permitted under Standard Land Use Code 2400 All Lumber & Wood Products, NEC. However, in 2006, the City Council modified all the NEC codes and made them all “not permitted” uses. Due to this change, cabinetry shops and related wood manufacturing businesses were eliminated from the SLU Code. The proposed amendment will add a specific SLU Code dealing with Cabinetry, Furniture, and Fixture Manufacturing. The proposed amendment to Appendix A is outlined below: SLU R5 R6 R6.5 R7.5 R8 R12 R20 OS5/ROS PO C1 C2 C3 HS M1 M2 CM BP 2431 Cabinetry, furniture and fixture manufacturing N N N N N N N N N N P N N P P P N CONTINUED DISCUSSION 17. RESOLUTION - Requesting a Fence Modification to Maintain an Existing Chain Link Fence with Slats Instead of Installing a Masonry Wall for Property Located Generally at 455 West Center Street REQUEST: The applicant requests the City Council, by resolution, approve a fence modification to maintain an existing chain link fence with slats, rather than install a masonry wall for property located generally at 455 West Center Street. POTENTIALLY AFFECTED AREA: Orem Park Neighborhood BACKGROUND: This item was continued from the August 26, 2008, City Council meeting to allow the applicant time to finalize the purchase of the strip of property between the church’s fence and the applicant’s property line. According to Mr. Peterson, an agreement has been reached and the purchase of the property is in process. The applicant is requesting a fence modification to maintain an existing chain link fence with slats on the south property line between the LDS Church property and the new Aspen Meadows Skilled Nursing Facility and install a new chain link fence with slats to match the church fence next to the home located at 84 South 400 West Street. The applicants are in the process of purchasing that home. The properties are zoned R8. A seven-foot masonry wall is required by Code, as originally proposed in connection with the Aspen Meadows site plan. The site plan was approved by the Planning Commission on December 12, 2007; however, they did not review this request at the time the site plan was approved. Section 22-14-19(F) of the Orem City Code outlines the criteria for the City Council to grant a fence modification, which states: In all commercial, manufacturing or professional office zones, except the PC3 zone, the City Council may modify the height of the fence and/or approve a fence constructed of materials other than masonry if it makes the following findings: 1. The proposed fence provides an adequate buffer for the adjoining residential zone. 2. The appearance of the fence will not detract from uses in the residential zone. 3. The proposed fence will shield the residential use from noise, storage, traffic or any other characteristic of commercial or professional office uses that are incompatible with residential uses. The applicant considers the chain link fence with slats as an adequate buffer between the church property, as well as the home at 84 South 400 West Street. A letter was received from the current property owner at 84 South 400 West stating they have no concerns with the proposed request. After reviewing the proposed fence modification request staff has listed advantages and disadvantages concerning the request. Advantages: • The proposed chain link fence with slats provides an adequate buffer for the adjacent residential zone, because it is adjacent to the parking lot area of the church, and the side of the home at 84 South 400 West is not directly adjacent to the Aspen Meadows parking lot area. • The appearance of the chain link fence with slats will not detract from uses in the residential zone, in that the church is currently surrounded by the chain link fence with slats. Disadvantages: • None determined CONTINUED DISCUSSION 18. ORDINANCE – 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 1026 North 1200 West from the R8 Zone to the Highway Services Zone REQUEST: The applicant requests the City Council rezone property located generally at 1026 North 1200 West from the R8 zone to the Highway Services zone. POTENTIALLY AFFECTED AREA: Bonneville Neighborhood BACKGROUND: This item was continued by the City Council on September 9, 2008, to allow the applicant time to finalize the purchase of the small strip of property. According to Mr. Larsen, the buyer/seller agreement has been signed and the title company is in the process of finalizing the purchase of the property. Mr. Larsen indicated that the property should be deeded to him by Tuesday, September 23, 2008. The applicant requests the City Council change the zone on the subject property (a small piece of property referred to as a nuisance strip) from the R8 zone to the Highway Services (HS) zone. The nuisance strip proposed to be rezoned contains 2,245 square feet and is approximately sixteen feet wide on the north and eight feet wide on the south. The property also has an approximate sixteen-foot elevation change sloping from east to west at an approximate forty-five percent slope. The applicant is requesting the rezone for the purpose of having his development located next to the HS zone rather than the R8 zone. The R8 zone requires a setback of ten feet or the height of the structure, whichever is greater. By rezoning the strip of property to the HS zone, the applicant’s proposed structure could be located on the property line and does not have to have a seven-foot masonry wall on the property line as required if it is next to the residential zone. The applicant, Mr. Larsen, is presently working to purchase the subject property. The current property owner, Mr. Olsen, owns the home to the east of the nuisance strip at 1045 North 1160 West. A neighborhood meeting concerning the proposed rezone was held on June 16, 2008. No one from the neighborhood attended. The nuisance strip should not be rezoned unless it is combined with the existing HS zoned property at 1026 North fronting 1200 West. The nuisance strip should be resolved by eliminating it as soon as possible. After reviewing the proposed ordinance amendment, staff has listed advantages and disadvantages concerning the proposed request. Advantages: • If the nuisance strip is combined with the existing HS zoned property along 1200 West Street, the rezone would be appropriate and would eliminate the nuisance strip. Disadvantages: • The nuisance strip does not meet the lot size requirement of one-acre, which is required in the HS zone. • If the nuisance strip is rezoned it most likely will stay in the current configuration and is less likely to be resolved. The Planning Commission recommends that the City Council rezone the property, but only if the nuisance strip has been combined with the lot already owned by Mr. Larsen. According to Mr. Larsen, he is in the process of purchasing the property and will combine the properties once the land is purchased. 19. RESOLUTION – Adopting a 9-80 Work schedule for Customer Service Employees RECOMMENDATION: The City Manager recommends the City Council, by resolution, adopt the 9-80 work schedule for City employees who generally work with the public. The City offices will be open Monday through Thursday 7:30 a.m. to 5:30 p.m. and Fridays 8:00 a.m. to 5:00 p.m. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Over the years the City Manager has been approached several times and asked to consider a 4-10 work schedule for employees. Currently, most Public Safety employees work a 4-10 or a 24-hour shift schedule. Various other work groups currently work an alternate schedule to increase the efficiency of operations in their department. Office employees have always worked the traditional 5 8 schedule. With the State implementing a four-day work week, serious consideration was given to implementing this work schedule. After a thorough review, it was determined that the City of Orem is not benefited by a four-day work week for office employees. An alternate plan known as a 9-80 Plan was examined. This is currently being used by civilian employees at Hill Air Force Base, Layton City, and Mapleton. How it Works City office hours would be changed to Monday through Thursday 7:30 a.m. to 5:30 p.m. with a one-half hour lunch and Friday 8:00 a.m. to 5:00 p.m. with a one- hour lunch. Employees would work one of four shifts; A Early, A Late, B Early, or B Late. The chart below shows work hours for each shift. Each department would have to determine which employees would come in at 7:30 a.m. and leave at 5:00 p.m., and which employees would come in at 8:00 a.m. and work until 5:30 p.m. Each department would also have to balance the employees between the A and B schedules in order to have about half of the employees every Friday. A Early Week 1 Week 2 B Early Week 1 Week 2 M-Th 7:30-5, 1/2 hour lunch M-Th 7:30-5, 1/2 hour lunch Friday 8-5, 1 hour lunch Off day Friday Off Day 8-5, 1 hour lunch A Late Week 1 Week 2 B Late Week 1 Week 2 M-Th 8-5:30, 1/2 hour lunch M-Th 8-5:30, 1/2 hour lunch Friday 8-5, 1 hour lunch Off day Friday Off Day 8-5, 1 hour lunch Supervisors will determine which shift an employee will work. This will be done to facilitate critical work schedules such as payroll processing, agenda preparation, etc. Shift assignments will be made to provide needed expertise on Fridays. Once shift assignments are made they are intended to be permanent. However, the City retains the right to make alterations as needed. FLSA Issues The Fair Labor Standards Act (FLSA) requires employers to pay overtime to employees who work more than forty hours a week. A 9-80 schedule requires employees to work forty-four hours one calendar week of each pay period, and thirty-six hours the other week in order to get eighty hours in a pay period and get one day off. To accommodate a 9 80 schedule, the City would change its definition of a work week, which is allowed by FLSA. Rather than having the work week start on Sunday at 12:01 a.m., the work week would start Friday at 12:01 p.m. and end the next Friday at 11:59 a.m. Such a change is consistent with FLSA. Full-time employees would still be scheduled to work eighty hours in a pay period, and overtime would still be paid after forty hours worked in a work week. By shifting the work week to Friday at noon, employees who work on Friday are actually working in two separate work weeks. On Friday morning they complete week number one, and they begin week number two on Friday afternoon. No shift trading will be allowed in order to abide by the FLSA rules. Extended Hours Being open additional hours Monday through Thursday extends the time on those days when the public can receive services. The City offices are currently open forty-five hours per week, and this change would allow them to be open an additional four hours per week. Citizens who get off work at 5:00 p.m. would be able to come and transact personal business after 5:00 p.m., and developers whose construction crews begin work in the early morning could have access to building inspectors and plans examiners before 8:00 a.m. Extended hours would not be available on Fridays; however, experience has shown that the City’s walk-in traffic is very light on Fridays. Holidays City offices will be closed for holidays just as has been done working 5 8 schedule. If a holiday is on a Saturday, the City will close on Friday. If a holiday falls on Sunday the City will close on Monday. Holiday pay would be used at nine hours per shift. This will require employees to use three hours of vacation time each year to cover holidays. The personal holiday will no longer be a paid holiday for the City. The current policy of holiday in lieu of pay for public safety employees will not be altered. When a holiday falls on a Friday that an employee is scheduled to have off from work that employee will be given the preceding Thursday off, or in the case of Thanksgiving the Wednesday prior to Thanksgiving off from work. Since employees are scheduled to an “A” or “B” shift these will rotate and eventually employees will end up having the same number of “Friday holidays.” Vacation and Sick Leave Taking a day of either vacation or sick leave will deduct either eight or nine hours from the respective account, depending on whether it is taken Monday through Thursday, or on a Friday on which the employee is scheduled to work. Vacation accrual rates will not change. Commute Costs Reducing the amount of days that employees travel to and from work will reduce their commute costs by ten percent. Excluding Public Safety employees, who by and large currently work either 4-10 or 24-hour shifts, there are 112 employees who live outside of the Orem-Provo-Lindon area. For these employees commuting costs can pose a significant financial burden. Compensatory Time and Overtime Departments that have six or seven-day coverage or have employees on call will save money for the City by reducing the amount of overtime and comp time. Having staggered coverage to extend hours means that work needed between 7:30 and 8:00 a.m. and between 5:00 and 5:30 p.m. that was previously beyond forty hours per week will no longer need to be covered as overtime Monday through Thursday. The change in over-time use is estimated to be negligible. City Attorney’s Office The City Attorney’s Office will not be open to the public until 8:00 a.m. Monday through Friday to avoid having to pay overtime costs of the building security force. The office however, will be open for internal business, beginning at 7:30 a.m. Monday through Thursday. Exceptions The City will not require all employees to work this 9-80 shift. Where operational efficiencies could be harmed to switch to a 9-80 shift, employees may opt to remain on the traditional 5-8 shift. For example the front counter in Administrative Services, the Public Safety Records Department, and the Cemetery will remain on the traditional 5-8 shift. Employees who work this shift will not lose their personal holiday. Implementation If this is adopted by the City Council, the City will implement the 9 80 schedule the week of November 2, 2008. That work week will be Sunday at 12:01 a.m. through Friday 12:01 a.m. for 4-10 shifts and 24-hour shifts. All other shifts that work week will begin Sunday, November 2, 2008, at 12:01 a.m. until Friday, November 7, 2008, at noon. From this point on the work week will be from Friday to Friday. COMMUNICATION ITEMS 20. There are no communication items. CITY MANAGER INFORMATION ITEMS 21. 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

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Meeting Information

Meeting Location

56 North State
Orem, 84057
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Notice Posting Details

Notice Posted On

September 19, 2008 12:58 PM

Notice Last Edited On

September 19, 2008 12:58 PM

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