Items for this meeting--attached below--include:
* Public Hearing Notice(s)
* Agenda
* Minutes
* Items distributed electronically
CITY OF OREM
CITY COUNCIL MEETING
56 North State Street, Orem, Utah
June 13, 2017
This meeting may be held electronically
to allow a Councilmember to participate.
3:00 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM
1. DISCUSSION - Zions Bank Public Finance Fee Study (60 min)
Presenters: Scott Aylett with ZBPF
2. PRESENTATION - CPACE Presentation (30 min)
Presenters: Shawna Cuan with Governor's Office of Energy Development
3. ANNUAL REVIEW - Gang Loitering Free Areas (15 min)
Presenters: Chief Gary Giles
4. INTRODUCTION - Online City Code Access (30 min)
Presenters: Jason Bench
5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM
PREVIEW UPCOMING AGENDA ITEMS
5. Staff will present to the City Council a preview of upcoming agenda items.
AGENDA REVIEW
6. The City Council will review the items on the agenda.
CITY COUNCIL - NEW BUSINESS
7. 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
8. MINUTES of City Council Meeting - May 9, 2017
9. MINUTES of Joint Orem/Alpine School District Meeting - May 10, 2017
MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL
10. UPCOMING EVENTS
11. APPOINTMENTS TO BOARDS AND COMMISSIONS
Beautification Advisory Board 1 vacancy
12. REPORT - Senior Advisory Commission
13. OATH OF OFFICE - Orem Park Ranger Recruits, sworn in by Brandon Stocksdale with the National Parks Service
PERSONAL APPEARANCES - 15 MINUTES
14. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. Those wishing to speak are encouraged to show respect for those who serve the city. Comments should focus on issues concerning the city. Those wishing to speak should have signed in before the beginning of the meeting. (Please limit your comments to 3 minutes or less.)
CONSENT ITEMS
15. There are no Consent Items.
SCHEDULED ITEMS
CONTINUED ITEM - PD-11 Development Standards
16. ORDINANCE - Amending Section 22-11-23(B) and Appendix X of the Orem City Code pertaining to development standards of the PD-11 zone at 1430 South Sandhill Road
PRESENTER: Jason Bench
REQUEST: DR Horton requests the City Council amend Section 22-11-23(B) and Appendix X of the Orem City Code pertaining to development standards of the PD-11 zone at 1430 South Sandhill Road.
POTENTIALLY AFFECTED AREA: Lakeview Neighborhood
BACKGROUND: This item was continued from the May 23, 2017 meeting allowing the applicant time to revise the elevations and bring them back for consideration. A revised concept plan has been submitted showing a maximum of fourteen (14) units per acre, in addition to modifications to the proposed elevations that had previously been submitted.
The PD-11 zone currently allows a townhome development with 149 units. The current owner of the property has a contract to sell the development to DR Horton. DR Horton would like to modify the concept plan which was approved as part of the PD-11 zone. In particular, DR Horton would like to change the design and size of the townhouse units that were approved as part of the concept plan. DR Horton requests that the City Council amend Appendix X to change the approved building elevations and concept plan to conform to the type of units that DR Horton would like to build.
Most homebuilders have their own product which they have built in the past or designed specifically for a certain project. The approved building elevations contain two products and each has only one facade treatment. The applicant does not want to build units that conform to the approved concept plan and proposes a different style of units with a different design and architecture. DR Horton proposes two different buildings (a two-story and a three-story) each with two finish styles and different color schemes. The proposal provides a greater variety of styles/colors than the current approved elevations.
DR Horton also proposes to modify the concept plan by removing a parcel adjacent to Sandhill Road, straightening a common property line, and reducing the amount of asphalt on-site. Overall, the concept plan does not have major changes and remains very similar to the approved concept plan. With the loss of the Sandhill Road property, the applicant requests the maximum density be increased from 14 units per acre to 14.5 units per acre. The proposed density of 146 units on 10.15 acres is 14.38 units per acre. This compares with the currently approved concept plan which contains 149 units on 14.65 acres or 13.99 units per acre. The Sandhill Road property loss is approximately .50 acres and does not contain units on the approved concept plan.
The proposed changes also include several minor text amendments. Changes are proposed to the setbacks with the notable change being the setback on the south property line. The adjacent property owner to the south has a barn that shifts the property line which was not shown on the original concept plan. The applicant asks for a reduced setback of 20 feet as opposed to 25 feet for the setback of only one unit to accommodate the encroachment of the barn.
Staff's only concern with the proposed amendments relates to the proposed building elevations. Staff would like to see the materials upgraded, especially on the rear of the units that are completely stucco. The Planning Commission recommended approval of the proposed amendments on the condition that the applicant submit revised elevations for the residential units that upgrade the design and materials in accordance with the recommendations that have been made by staff.
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 22-11-23(B) and Appendix X of the Orem City Code pertaining to development standards of the PD-11 zone at 1430 South Sandhill Road.
6:00 P.M. PUBLIC HEARING - Approve Street Connection/General Plan Update
17. ORDINANCE - Amending the Orem City General Plan, Orem State Street Master Plan, Orem Transportation Master Plan, and the Orem Street Connection Master Plan, pertaining to future street connections near State Street, and amending sections 17-4-6 and 22-14-20(D) of the City Code and enacting sections 17-4-8 and 22-14-20(S) of the City Code, to facilitate corridor preservation for these streets
PRESENTER: Jason Bench
REQUEST: The Development Services Department requests the City Council amend portions of the Orem City General Plan, Orem State Street Master Plan, Orem Transportation Master Plan, and the Orem Street Connection Master Plan, pertaining to future street connections near State Street, and also amend sections of the Orem City Code to address how these streets are shown on plats and site plans in order to provide corridor preservation for these streets
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The State Street Master Plan recommended adding several street connections on or near State street. According to the plan, adding more streets is for the following purposes:
- To create smaller, more walkable block patterns where possible throughout the corridor and within growth areas.
- To establish a grid between Orem Boulevard and State Street to improve vehicular and pedestrian circulation.
- To create building street frontage on streets that are more pedestrian friendly than State Street.
The Development Services Department followed the recommendations in the State Street Master Plan and identified locations for future street connections that would be beneficial and likely given future redevelopment. This process involved Development Services and Public Works. A map was produced detailing these locations.
The Development Services Department is proposing that the following plans be amended to include the new State Street future connections map and necessary text explaining the map:
- Orem City General Plan
- Orem State Street Master Plan
- Orem Transportation Master Plan
- Orem Street Connection Master Plan
The Development Services Department is also proposing that the following changes be made to the City Code in order to allow the City to preserve and plan for the right of way needed:
- Amend sections 17-4-6 and 22-14-20(D) of the City Code. These sections clarify the requirement that preliminary plats and site plans adhere to the recommendations of the Orem City General Plan, Orem State Street Master Plan, Orem Transportation Master Plan, and the Orem Street Connection Master Plan.
- Enact sections 17-4-8 and 22-14-20(S) of the City Code. These sections provide for 'corridor preservation' on preliminary plats and site plans subject to the requirements of Utah Code Sections 72-5-401 through72-5-406 inclusive.
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend the Orem City General Plan, Orem State Street Master Plan, Orem Transportation Master Plan, and the Orem Street Connection Master Plan, pertaining to future street connections near State Street, and amend sections 17-4-6 and 22-14-20(D) of the City Code and enact sections 17-4-8 and 22-14-20(S) of the City Code, to facilitate corridor preservation for these streets.
6:00 P.M. PUBLIC HEARING - Deep Lot Development Standards
18. ORDINANCE - Amending Section 17-8-1(C)(7) of the Orem City Code pertaining to residential deep lot development standards
PRESENTER: Jason Bench
REQUEST: Jeremy Wilkey requests the City Council amend Section 17-8-1(C)(7) of the Orem City Code pertaining to residential deep lot development standards.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The applicant owns a single-family house on a deep lot. The deep lot was created by plat in 1991 and the house was constructed in the same year. The house is a split-level design and the applicant would like to construct an addition on the two-story side of the structure.
The deep lot ordinance was amended in 2007 to limit a house on a deep lot to one story above grade. This 2007 amendment prevents the applicant from constructing a desired two-story addition to the existing house.
The applicant proposes to amend the City Code to allow a home that was in existence prior to the 2007 ordinance amendment to have a two-story addition. This would allow an owner that originally constructed a two-story home prior to the 2007 amendment to make an addition that is consistent with the original construction.
The two-story addition option would only apply to an existing two-story home on a deep lot if the home was constructed or under construction prior to March 13, 2007. A single-story home in existence prior to the cutoff date would not be permitted a two-story addition. Two setbacks of 25 feet and the side setbacks of the current zone must be satisfied with the proposed addition. The proposed text is as follows:
Subdivision Ordinance, 17-8-1(C)
Subdivision Ordinance, 17-8-1(C)
7. A house on a deep lot in the R5, R6, R6.5, R7.5, and R8 zones shall not exceed one story above grade except in unless one of the following situations:. However, a deep lot with a net area (excluding the area of any 'flag stem') of at least 15,000 square feet shall not be restricted to a single-story provided all setbacks to adjacent property lines are at least twenty-five (25) feet.
a. A house on a deep lot with a net area (excluding the area of any 'flag stem') of at least 15,000 square feet shall not be restricted to a single-story provided all setbacks adjacent to property lines are at least twenty-five (25) feet.
b. An existing house with two stories that was constructed on a deep lot prior to March 13, 2007, may have an addition that is two stories provided the house with the addition has two setbacks that are at least twenty-five (25) feet and the remaining two setbacks meet the requirements for side yard setbacks (for side yards with an attached garage) for the zone in which the lot is located.
RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 17-8-1(C)(7) of the Orem City Code pertaining to residential deep lot development standards. Staff supports the recommendation of the Planning Commission.
19. RESOLUTION - Authorizing the Mayor to sign the Cooperative Agreement between the City of Orem and Utah Division of Forestry, Fire and State Lands regarding the participation commitment to Wildland Prevention, Mitigation and Preparedness
PRESENTER: Chief Scott Gurney
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The Legislature and the Governor direct the Utah Division of Forestry, Fire, and State Lands to coordinate the development of a Comprehensive Statewide Wildland Fire Prevention, Preparedness, and Suppression Policy (SB56-2015). This policy addresses Utah's Catastrophic Wildland Strategy.
The City of Orem's Participation Match (PM) commitment will fall into the following three suggested action categories:
- Wildfire Prevention
- Wildfire Mitigation
- Wildfire Preparedness
As part of participation, the City of Orem will not pay for any aircraft even if the aircraft is used in initial attack.
This agreement shall become effective on July 1, 2017, and is intended to continue for five years.
RECOMMENDATION: The Fire Chief recommends that the City Council, by resolution, authorize the Mayor to sign the Cooperative Agreement between the City of Orem and the Utah Division of Forestry, Fire and State Lands as part of a Comprehensive Statewide Wildland Fire Prevention, Preparedness and Suppression Policy.
20. 6:00 P.M. PUBLIC HEARING - Enterprise Fund Hearing to consider public input on the proposed transfer of funds from the enterprise funds to cover general fund utility costs over and above administrative and overhead costs
PRESENTER: Richard Manning and Brandon Nelson
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: On May 9, 2017, the City Council received a draft of the Tentative Budget for the Fiscal Year 2017-2018. This budget contains a proposed transfer of funds from the utilities to cover non administrative or overhead costs to cover the City's own use of City owned utilities.
The State Auditor requires that cities pay the retail rate for their own usage of city owned utilities. The City of Orem uses water, sewer, storm water and street lighting to supply its own properties. These properties are primarily parks but also include cemetery, City Hall, the Police Station and fire Stations and other city properties.
The City has long built the cost of supplying these properties into the utility rates. The reasoning behind this decision is that the tax payers and the utility rate payers are almost always the same people. Therefore, the simplest way to cover these costs is to include them in the respective utility rates.
Now that the City is required to pay the utilities for these services, the options available to the City are:
1) Increase property taxes to cover the cost of these utilities
2) Cut services enough to free up the cash to pay for the utilities
3) Transfer the funds back to the General Fund.
The first two options involve either paying more for the same services or paying the same for lower service. By making the transfer the City can provide the same level of service for the same fees.
The amount proposed to be transferred are:
Transfer From Amount % of Total Fund Expenditures
Water Fund $900,000 4.9%
Sewer $16,000 0.2%
Storm Water $130,000 2.8%
Street Lighting $15,000 0.9%
Total $1,061,000
In the public hearing staff will review:
- Specific administrative and overhead costs;
- Specific fund information
- The proposed transfers
RECOMMENDATION: The City Manager recommends the City Council, hold a public hearing to consider input from the residents regarding proposed transfers from enterprise funds to the general fund in the FY 2017-2018 budget.
6:00 P.M. PUBLIC HEARING - Adopt Final Budget FY 2017-2018
21. ORDINANCE - Approving and Adopting a Budget for Fiscal Year 2017-2018, Adopting Compensation Programs, Adopting Fees and Charges, Setting the Property Tax, Franchise Tax, Municipal Energy Sales and Use Tax, Telecommunications License Tax, Transient Room Tax, and E-911 Fee Rates
PRESENTER: Richard Manning and Brandon Nelson
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: On May 9, 2017, the City Council received a draft of the Tentative Budget for the Fiscal Year 2017-2018. Budget work sessions were held on February 28, March 7, and March 28. In addition, two public hearings were held to review CDBG budget requests.
The purpose of this hearing is to consider the budget for Fiscal Year 2017-2018, along with the compensation program and the fees, charges, and tax rates of the City.
Property taxes will not be increased, the franchise tax and municipal energy sales and use tax rates remain at 6%, and the transient room tax stays at 1%. The telecommunications license tax remains at 3.5% and the E-911 fee stays at $0.61 per month. Various adjustments and/or additions to miscellaneous fees and charges are proposed in many departments.
Rate changes impacting all customers are discussed below. A $1.42 per month water base rate increase for a 3/4' meter service. Base rates for all other meter sizes will remain unchanged. The water tier rates will increase as follows:
Fee From To
Tier 1/1,000 gallons $0.71 $0.79
Tier 2/1,000 gallons $0.89 $0.99
Tier 3/1,000 gallons $1.07 $1.18
Tier 4/1,000 gallons $1.42 $1.58
Solid waste rates:
Fee From To
First Can $10.65 $10.85
Second Can $9.65 $9.85
Recycle $3.20 $3.25
Green Waste $5.70 $5.85
The sewer volume rate increased from $1.42/1,000 gallons to $1.85.
Storm Water equivalent service units from $6.25 to $6.75.
Exhibit 'C' containing an overview of compensation policies for Elected Officials and employees has been abbreviated in this budget. The information is provided but not in the same amount of detail that was thought to be excessive.
RECOMMENDATION: The City Manager recommends the City Council, by ordinance, approve and adopt the Fiscal Year 2017-2018 Budget, adopt the compensation programs, adopt the fees and charges schedule, set the property tax, franchise tax, municipal energy sales and use tax, telecommunications license tax, transient room tax, and E-911 fee rates.
COMMUNICATION ITEMS
22. There are no Communication Items.
CITY MANAGER INFORMATION ITEMS
23. 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 MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF OREM
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