CITY OF OREM
CITY COUNCIL MEETING
56 North State Street, Orem, Utah
February 23, 2010
This meeting may be held electronically
to allow a Councilmember to participate.
4:00 P.M. WORK SESSION – MULTIPURPOSE ROOM
1. DISCUSSION - Grantwell – 30 minutes
2. DISCUSSION – City Publications
5:00 P.M. STUDY SESSION – MULTIPURPOSE ROOM
AGENDA REVIEW
3. The City Council will review the items on the agenda.
CITY COUNCIL - NEW BUSINESS
4. 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
5. MINUTES of City Council Meeting – February 9, 2010
6. MINUTES of Joint City Council/CDBG Work Session – February 16, 2010
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL
7. UPCOMING EVENTS
8. UPCOMING AGENDA ITEMS
9. APPOINTMENTS TO BOARDS AND COMMISSIONS
Orem Arts Council – 1 vacancy
Beautification Advisory Commission – 1 vacancy
10. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
11. REPORT – Beautification Advisory Commission
CITY MANAGER’S APPOINTMENTS
12. APPOINTMENTS TO BOARDS AND COMMISSIONS
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. RESOLUTION - Approve HOME Investment Partnership Grant Final Statement of Projected Uses of Funds – 2010-2011
RECOMMENDATION: The Community & Neighborhood Services Manager recommends that the City Council, by resolution, adopt the final statement of projected uses of funds for the 2010-2011 HOME Investment Partnership Act.
BACKGROUND: Following presentations by applicants and a vote by the Utah Valley Consortium of Cities and County Board, the final statement for the 2010-2011 HOME allocation is ready to be adopted by all consortium cities.
HOME funds are used for a variety of Utah County housing programs, including: down-payment assistance, sweat-equity homeownership, housing rehabilitation, neighborhood revitalization, and other projects.
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARING
15. Receive Public Comment on the Community Development Block Grant (CDBG) Final Statement of Projected Uses of Funds – 2010-2011
RECOMMENDATION: The Community & Neighborhood Services Manager recommends the City Council hold the first of two public hearings to receive public comment on the projected uses of funds for the 2010-2011 Community Development Block Grant.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: During the past several months, the CDBG Citizen Advisory Commission heard funding proposals from various community applicants. The Commission presented its recommendations to the City Council in a work session on February 16, 2010. The City Council is now ready to receive public comment on the proposed uses of funds.
Following a second public hearing that is scheduled for March 23, 2010, at 6:00 p.m., the City Council will adopt a resolution approving the CDBG Final Statement of Projected Uses of Funds for 2010-2011.
The City of Orem is also requesting comment on a proposed amendment to the current 2009-2010 CDBG Annual Action Plan. This amendment involves reprogramming $100,000 of unspent funding from projects approved in previous years and making it available for infrastructure improvements during the current fiscal year.
6:00 P.M. PUBLIC HEARING
16. ORDINANCE – Amending Section 22-6-10(C) of the Orem City Code to Permit Chickens on Single-Family Residential Lots
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 22-6-10(C) of the Orem City Code to permit chickens on single-family residential lots.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: Staff has received numerous requests from residents to have chickens on their property of less than one-acre. One request has also been made to not allow chickens in residential zones. This particular individual thought chickens are only appropriate for a rural/agricultural city and, in his opinion, Orem is no longer that type of city.
Chickens are allowed under the current ordinance, but they must be on a lot of at least one-acre. Not many single-family residential lots exist in the city that size. Of the 17,400 parcels in the single-family zone (R5, R6, R6.5, R7.5, R8, R12, and R20) only 197 are larger than one-acre. Parcels with schools, churches, and multiple-family units have been removed from the overall number.
The City has not taken a position on this request. Rather, the City feels this amendment should go through the public process taking into account the discussion with the Planning Commission and any other public input. The public process will allow opponents and proponents to voice their opinion.
The proposed ordinance allows up to six hen chickens on any residential single-family lot. Staff originally proposed a total of three chickens and the Planning Commission felt six was more appropriate. The prohibition on roosters is aimed at eliminating the noise and crowing associated with roosters. The owner is required to house the chickens in a coop or “chicken tractor,” which is essentially a portable coop. A chicken tractor usually has wheels for ease of relocation and an open bottom to allow the chickens to scratch in the dirt/grass to find food.
Cleaning and maintenance of the enclosure is required to keep obnoxious odors from accumulating. Chickens may roam free but may do so only in an enclosed rear yard. Chickens shall not be permitted in a front yard.
Advantages:
• Ability to provide fresh eggs
• Helps keep bugs under control
• Teach children to care for animals
• Chickens can be raised for show
Disadvantages:
• Will the number permitted be difficult to control
• Will roosters be a nuisance even though the ordinance will prohibit them
• Will they become a problem to neighbor’s yard if the chickens get loose
• Will they increase the predator population
Ordinances have been looked at from various cities in Utah County. Several allow chickens, some do not, and some are considering the use.
Provo City recently passed an ordinance permitting chickens in residential zones. The biggest problem animal control officers in Provo have faced has been chickens that have escaped their enclosure and have wandered into neighboring yards. Landowners desiring chickens must register annually with Provo City for $15, and animal control enforces the ordinance. Provo’s ordinance permits chickens based on lot sizes and is as follows:
6,000 square feet - up to two chickens
7,000 square feet - up to three chickens
8,000 square feet - up to four chickens
9,000 square feet - up to five chickens
10,000 square feet - up to six chickens
The proposed text change is as follows:
22-6-10
C. Animals. Animals are allowed in residential zones only if the following conditions are met:
1. The area of the lot on which the animals are kept must be at least one (1) acre except for rabbits, pigeons, ducks, and household pets. Chickens on lots less than one (1) acre are permitted subject to the requirements set forth in subparagraph (7) below.
2. Permitted animals shall include:
Maximum Minimum distance of barns, pens, or corrals from any
No./Acre dwelling or public street
Cattle: 5 100 ft.
Horses: 5 100 ft.
Sheep or
Goats: 6 40 feet from any dwelling on the same lot and 85 feet from any neighboring dwelling.
Poultry,
Fowl, and
Turkeys: 20 40 feet from any dwelling on the same lot and 85 from any neighboring dwelling.
Rabbits: 4 20 ft.
Pigeons: Unlimited 20 ft.
Ducks: 2 20 ft.
3. The maximum number of dogs or cats four months of age or older shall not exceed two (2) each per lot.
4. Animals may be kept on lots containing less than one (1) acre in a rural residential area when said animals are regulated by restrictive covenants when specifically approved by the Planning Commission as a part of the subdivision.
5. The number of animals in Subparagraph (2) above shall be reduced geometrically if the resident desires to keep and maintain more than one species of permitted animals. Example: If two species are desired, then the number of each species shall be reduced to one-half (1/2). If three species are desired, then the number of each species shall be reduced to one-third (1/3), etc.
6. No animal shall be kept in a residential zone for the purpose of commercial production 7. The keeping of hen chickens (no roosters) shall be permitted in a residential zone on a single-family lot less than one (1) acre provided the following are met:
a. A maximum of six (6) hen chickens shall be permitted for any lot less than one (1) acre.
b. Chickens must be kept in a predator resistant coop or chicken tractor at night which shall be set back at least 10 feet from all property lines. The enclosure shall provide sufficient light, air, and space for the chickens. The enclosure shall not be located in a front yard.
c. The enclosure shall be cleaned regularly to prevent offensive odors from becoming a nuisance.
d. Chickens shall not be permitted to roam free unless in an enclosed rear yard.
e. Chickens shall not be considered household pets.
f. Slaughtering of chickens is prohibited.
A chicken tractor, sometimes called an ark, is a movable chicken coop lacking a floor. Chicken tractors may also be used to house other species of poultry, but the name is most often applied to chicken enclosures.
It is usually of light construction so one person can drag it around the yard, and it may have a couple of wheels at one end to make this job easier. The most common shape for smaller chicken tractors is an A-frame, though any number of designs is used.
Chicken tractors can be moved frequently, providing the advantages of free ranging with the protection of the enclosure. In a chicken tractor, poultry have access to fresh forage, including grass, weeds, and bugs, though these resources will quickly be depleted if the tractor is not moved. This supplements their diet, reducing the amount of feed they consume. Because the enclosures do not have floors there is no need for periodic cleaning out, unlike stationary chicken houses. The frequent moves to fresh grass can also avoid a buildup of manure. Chicken tractors imitate a natural, symbiotic cycle of foraging in which the animals eat down the vegetation, deposit fertilizing manure, and then move on to a new area.
CONTINUED DISCUSSION
17. ORDINANCE – Amending Section 22-14-21(B) of the Orem City Code as it Pertains to Tensioned-Membrane Structures
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, approve the request to amend Section 22-14-21(B) of the Orem City Code pertaining to tensioned-membrane structures.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: This request came before the City Council on January 26, 2010, and was continued for the following reasons:
• To give the City Council more time to consider which zones would be appropriate for tensioned-membrane structures;
• To give staff time to research what other cities may be doing to regulate this type of construction;
• To allow the City Attorney to make revisions to the proposed ordinance regarding percentages of structures that use this construction method;
• To give the City Council time to consider which percentage of a structure in any zone may use this construction method; and
• To give the City Council time to consider whether tensioned-membrane structures should be allowed as accessory uses in all zones.
Staff contacted several Utah cities as well as several other cities around the nation. The Utah cities did not regulate these structures other than require that they meet building code standards. The cities contacted outside Utah allowed tensioned-membrane structures in all zones unless the zones had design criteria in place. It became clear that many cities have not yet considered this issue. Most of the membrane structures in cities where they are found were used for industrial uses, but some were used for churches in residential zones.
The Orem City Attorney drafted the language in the ordinance to allow a percentage of any structure to be composed of the tensioned-membrane construction method. He put in fifty percent for discussion purposes but this number can be changed to any number with which the Council is comfortable.
Currently, Chapter 22 of the Orem City Code does not address the use of tensioned-membrane structures. A tensioned-membrane structure is a tent-style building with an outer canvas shell supported by an inner-metal frame and is constructed on a concrete pad. Many of these buildings are designed to be temporary and movable buildings. These structures are becoming an alternative to standard construction techniques because of their affordability and benefit to the environment.
The proposed text would make the following regulations:
• Defines tensioned-membrane construction
• Limits it to the M1 and M2 zone as primary structures
• Allows tensioned-membrane structures as accessory uses in all zones but limits the size of them to a maximum footprint of sixty percent or less of the primary structure.
• Buildings that are less than fifty percent tensioned-membrane structure are allowed anywhere in the city.
22-14-21
B. Tensioned-membrane Structures.
1. Definition. Tensioned-membrane Construction is the construction method wherein a metal or other frame is covered by an architectural membrane that is placed under high tension or carries loads primarily through tensile stresses. Tensioned-membrane structures are those structures which utilize tensioned-membrane construction as a construction method for at least fifty percent (50%) of their overall construction, and include structures known or commonly referred to as architectural-membrane structures, tensioned-membrane structures, stressed-membrane structures, frame-supported tension structures, tensioned-fabric structures, and all other similar structures. Tensioned-membrane structures do not include open-air canopies such as free-standing awnings, shade structures, shade gazebos, and walkway covers, nor air tents such as are commonly used to cover swimming pools and tennis courts on a temporary basis.
2. Tensioned-membrane structures are prohibited except as provided below. Tensioned-membrane structures shall only be allowed in the following situations:
a. Tensioned-membrane structures are allowed in the M1 and M2 zones.
b. Tensioned-membrane structures are allowed as an accessory structure in all other zones provided that the footprint area of the tensioned-membrane structure is sixty percent (60%) or less of the footprint area of the primary structure and provided that the tensioned-membrane structure complies with all other requirements applicable to accessory structures.
3. Structures utilizing tensioned-membrane construction for less than fifty percent (50%) of their construction are not considered tensioned-membrane structures for purposes of this Section, and are allowed in any zone.
COMMUNICATION ITEMS
18. PERSONAL APPEARANCE RESPONSE – Handbills on Doors- Robert Barnes
19. CITY COUNCIL/ALPINE SCHOOL DISTRICT NOTES – February 4, 2010
20. BUDGET REPORT – Month Ending January 2010
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
This meeting may be held electronically to allow a Councilmember to participate.