AMENDED
CITY OF OREM
CITY COUNCIL MEETING
56 North State Street, Orem, Utah
January 12, 2010
This meeting may be held electronically
to allow a Councilmember to participate.
4:00 P.M. WORK SESSION – MULTIPURPOSE ROOM
1. DISCUSSION – General Plan
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 – December 15, 2009
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL
5. UPCOMING EVENTS
6. UPCOMING AGENDA ITEMS
7. APPOINTMENTS TO BOARDS AND COMMISSIONS
Summerfest Advisory Committee – 1 vacancy
Orem Arts Council – 2 vacancies
Library Advisory Commission - 1 vacancy
8. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
9. CITY COUNCIL LIAISON ASSIGNMENTS
CITY MANAGER’S APPOINTMENTS
10. APPOINTMENTS TO BOARDS AND COMMISSIONS
PERSONAL APPEARANCES
11. 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
12. There are no consent items.
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARING
13. ORDINANCE – Amending Section 22-6-9(J) of the Orem City Code Pertaining to Swimming Pools in Residential Zones
REQUEST: The applicant requests an amendment to Section 22-6-9(J) of the Orem City Code pertaining to swimming pools in residential zones.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The Development Services Department requests this item be continued for additional review prior to consideration by the City Council.
14. MOTION – Calling for a Reconsideration of the Vote to Deny the General Plan Amendment and Rezone of Property Located Generally at 825 East 800 North
RECOMMENDATION: Two members of the City Council who voted with the majority on this issue at the previous City Council meeting recommend the City Council, by motion, vote to reconsider the request to:
1) Amend the Orem General Plan Land Use Map by changing the land use designation from Low Density Residential (LDR) to Professional Services (PS) for property located generally at 825 East 800 North.
2) Amend 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 825 East 800 North from the R8 (Residential) zone to PO (Professional Office) zone.
POTENTIALLY AFFECTED AREA: Orchard North Neighborhood
BACKGROUND: The request to change the land use designation and rezone the property located generally at 825 East 800 North was denied by the City Council on December 15, 2009.
The purpose of this item is for the City Council to determine whether they would like to reconsider this application. Pursuant to Section 7.8 of the City Council Policies and Procedure, any two Council members who voted in the majority on a motion approved or denied may request a reconsideration of the action.
CONTINUED DISCUSSION
15. RESOLUTION – Amending the Orem General Plan Land Use Map by Changing the Land Use Designation from Low Density Residential to Professional Services for Property Located Generally at 825 East 800 North
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 825 East 800 North from the R8 Zone to PO Zone
RECOMMENDATION: The Planning Commission recommends the City Council:
1) By resolution, change the land use designation for property located generally at 825 East 800 North from Low Density Residential (LDR) to Professional Services (PS)
2) By ordinance, amend 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 825 East 800 North from the R8 (Residential) zone to PO (Professional Office) zone.
POTENTIALLY AFFECTED AREA: Orchard North Neighborhood
BACKGROUND: This item was heard by the City Council on October 27, 2009, and December 15, 2009. The request was denied by the Council on December 15, 2009. However, a motion to reconsider this request will be held prior to the reconsideration pursuant to Section 7.8 of the City Council Policies and Procedures.
The property located generally at 825 East 800 North has a General Plan Land Use Designation of Low Density Residential and is zoned R8. The applicant requests the Orem General Plan be amended from LDR to PS and the property rezoned from R8 to the PO zone.
The applicant has been granted an access on 800 North, subject to final review of all construction drawings as outlined in a letter received from UDOT dated November 17, 2009. The access to the site will be limited to the 800 North access shown on the concept plan.
Based on the forty parking stalls shown on the revised concept plan, the building size would be limited to 10,000 square feet. The proposed plan includes a two-story building with 4,000 square feet per floor (1st and 2nd floors) and a 2,000 square foot basement. If the General Plan and rezone requests are approved, the site plan must comply with Section 22-8-12 of the Orem City Code, Additional Provisions of the PO Zone, and will be verified as part of the site plan review process.
A development agreement is prepared and includes the revised concept plan showing the proposed concept plan layout including an 800 North access. Based on an approved development agreement, the property will be limited to the layout shown in the proposed concept plan.
6:30 P.M. PUBLIC HEARING
16. ORDINANCE – Amending Section 22-19-1(A) and Appendix A of the Orem City Code to Allow SLU 6513 Medical Clinics - Outpatient as a Permitted Use in the CM Zone
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, approve the request to amend Section 22-19-1(A) and Appendix A of the Orem City Code to allow SLU 6513 Medical Clinics – Outpatient as a permitted use in the CM zone.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: This item is continued from the December 15, 2009, City Council to allow the applicant to be present for the discussion.
The applicant, acting as agent for New Roads, would like to operate a medical clinic (outpatient) from an office building in the CM zone. The current ordinance does not allow this type of use in the CM zone. The proposed use would be located in the office building at 1365 West Business Park Drive (SW corner of Geneva Road and University Parkway).
The CM zone is located in two areas of the City. The first is the area west of Geneva Road where University Parkway changes to 1250 South. The second area is the mouth of Provo Canyon at the UP & L property. Together, they encompass approximately 282 acres.
Advantages
• Use is similar to use already in the building. Parking is estimated to be similar to the existing office use.
Disadvantages
• Is this a proper use to be located in a CM zone? Offices are located there because the nature of any CM business will have an office element. However, should medical offices be viewed the same?
17. RESOLUTION - Amending the Cemetery Fees and Charges
RECOMMENDATION: The Public Works Director recommends the City Council, by resolution, approve the new Cemetery Fees and Charges.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: This recommendation eliminates the overtime charge and establishes a new Opening and Closing fee that is $200 more for funerals performed after 1:00 p.m. Monday thru Saturday.
On occasion, a funeral with a 2:00 p.m. or later service will go into the overtime charge timeframe. The existing fee for an overtime charge is $75.00/half hour. In most cases, it is unknown whether an overtime charge will be issued until the time of the funeral. Some of the funeral directors have taken exception to the City billing them for the overtime charge. After discussion with several of the funeral directors and with in-house staff, it was decided to charge a flat fee up front for funeral service after 1:00 p.m.
In addition, some people have disputed whether the overtime clock is accurate and how can it be verified. Currently, employees do not punch a time clock, and times are tracked on the honor system by those working. The proposed fees take this issue out of the picture.
Furthermore, funeral services which begin at 2:00 p.m. or later usually create problems for City crews covering the burial. There have been times when the crews are trying to cover the burial in the dark, and it is difficult to see what they are doing.
18. RESOLUTION - Expressing Support for Utah Department of Transportation Enhancement Funding to Provide Bike Lanes and Traffic Calming on 800 South from 400 West to 800 West
RECOMMENDATION: The Department of Development Services requests the City Council, by resolution, express the Council’s support for Utah Department of Transportation (UDOT) Enhancement Funding to provide Bike Lanes and Traffic Calming on 800 South from 400 West to 800 West.
BACKGROUND: UDOT has funds available for street enhancement projects (referred to as the “UDOT Enhancement Funding”) throughout Utah County and other areas of UDOT Region 3. The UDOT Enhancement Funding is designed to fund “street enhancement projects,” which are intended to include projects to add or improve bicycle lanes or pedestrian walkways.
Pursuant to this program, the City submitted an application in October 2009, to improve a section of 800 South Street between 400 West and 800 West by installing a raised median and providing bike lanes and traffic calming devices. The project will help encourage bike use near the UVU Campus.
The City’s application has passed the first cut of UDOT’s review process. Before making a final decision on the proposal, UDOT has requested the City provide a resolution demonstrating the City’s interest and commitment to the proposed project. This resolution must be provided to UDOT on or before January 14, 2010, for 2012 and 2013 construction projects.
Engineering Staff will meet with the 800 South residents on January 5, 2010, to explain the project and determine if there is neighborhood support. Staff will be able to discuss the results of this meeting with the Council at the meeting on January 12.
COMMUNICATION ITEMS
19. PERSONAL APPEARANCE RESPONSE – Michael Ware – Stonewood Villa Nursing Facility
20. PERSONAL APPEARANCE RESPONSE – Laura Maggard – Fence Modification
21. BUDGET REPORT – Month Ending November 2009
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.
ADJOURN TO A CLOSED-DOOR MEETING – Litigation and Property Acquisition
Litigation and Property Acquisition - Pursuant to Sections 52-4-205(1)(c) and 52 4 205(1)(d)(ii), respectively, of the Utah State Code Annotated.
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.