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May 22, 2018

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General Information

Government Type
Municipality
Entity
Orem
Public Body
City Council

Notice Information

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Notice Title
May 22, 2018
Notice Tags
Budgeting, Zoning
Notice Type(s)
Notice, Meeting, Hearing
Event Start Date & Time
May 22, 2018 06:00 PM
Description/Agenda
AGENDA CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah May 22, 2018 This meeting may be held electronically to allow a Councilmember to participate. 3:00 P.M. WORK SESSION - CITY COUNCIL CONFERENCE ROOM 1. SWONA PRESENTATION - Palos Verdes Development (45 min) Presenters: Murray Low, David Busath, and Mark Tippets 2. ANNUAL TRAINING - Open Meetings, Ethics, and Land Use Liability (45 min) Presenters: Greg Stephens and Steve Earl 3. DISCUSSION - City Center District (30 min) Presenters: Jason Bench and Christian Kirkham 5:00 P.M. STUDY SESSION - CITY COUNCIL CONFERENCE ROOM PREVIEW UPCOMING AGENDA ITEMS 4. Staff will present to the City Council a preview of upcoming agenda items. AGENDA REVIEW 5. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 6. 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: Juliana Boerio-Goates, Pastoral Coordinator, St. Francis of Assisi PLEDGE OF ALLEGIANCE: 1SG Retired James Arguello APPROVAL OF MINUTES 7. MINUTES of City Council Meeting - May 8, 2018 MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL 8. UPCOMING EVENTS 9. INVITATION - Miss Pleasant Grove - Strawberry Days 10. REPORT - Heritage Advisory Commission 11. REPORT - Summerfest Advisory Committee PERSONAL APPEARANCES - 15 MINUTES 12. Time has been set aside for the public to express their ideas, concerns, and comments on items not scheduled as public hearings 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 13. MOTION - Cancel the June 12, 2018 City Council Meeting 14. RESOLUTION - Authorizing specified individuals to add or delete users to access and/or transact with Public Treasurers Investment accounts SCHEDULED ITEMS 15. RESOLUTION - Requiring curbside recycling service for all new residential utility accounts and authorizing the City Manager to sign an amendment to the Waste Management Service Agreement to acknowledge this change in recycling policy PRESENTER: Brenn Bybee REQUEST: The City Manager's Department requests the City Council adopt a resolution requiring curbside recycling service for all new residential utility accounts and authorizing the City Manager to sign an amendment to the Waste Management Service Agreement to acknowledge this change in recycling policy. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Since March of 2012, the City has implemented and maintained a residential curbside recycling program which has allowed residents to 'opt out' of the service if specific procedures are followed, primarily at the time of utility account sign-up. After the initial ramp-up of this program, the amount of recycling customers has stayed relatively level at around 12,700 total recycling cans, representing about 64% of all single-family homes. However, at the same time, the total amount of regular solid waste cans and green waste cans provided throughout the City have each increased incrementally-700 additional cans each since 2015. Specifically, the increase in total solid waste cans has increased from 19,200 to 19,900 and the increase in total green waste cans has increased from 4,200 to 4,900. The percent increase in this demand for curbside green waste recycling since 2015 is 15%. By comparison, the demand for recycling services among other Utah cities has shown incremental improvement over time. Increasing support and demand for recycling services was also unanimously expressed by the Natural Resources Stewardship Committee on March 29th, 2018, wherein they officially recommended the City require recycling services for all new utility account sign-ups while keeping existing utility accounts on the current 'opt-out' program. In terms of the expected impact of this proposed change, each month the Utility Billing Division has roughly 300 new account sign-ups, through natural turnover or from newly built homes. By requiring all new utility accounts to take advantage of our recycling services, it is estimated that the number of new homes on the City's recycling program would increase by 100 per month, since 2/3rds already stay signed up. As such, since the charge for bi-weekly curbside residential recycling services is $3.25/month, this would result in $25,350 projected additional revenue per year, which would be used to pay for associated costs from the City's commercial hauler, Waste Management to provide the service. RECOMMENDATION: The City Manager's Department recommends the City Council adopt this resolution requiring curbside recycling service for all new residential utility accounts and authorize the City Manager to sign an amendment to the Waste Management Service Agreement to acknowledge this change in recycling policy. 16. ORDINANCE - Approving the amounts to be awarded to the CARE grant recipients for the 2018 CARE granting round PRESENTER: Steven Downs RECOMMENDATION: The Deputy City Manager recommends the City Council, by ordinance, approve the amounts to be awarded to CARE grant recipients for the 2018 granting round. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On November 8, 2005, a majority of City of Orem voters voted in favor of enacting a local sales and use tax of 0.1% as a means of enhancing financial support for recreational and cultural facilities, and cultural organizations within the City of Orem. Known as the Cultural Arts and Recreation Enrichment tax (CARE), the Orem City Council enacted the tax by ordinance on November 22, 2005. The tax went into effect April 1, 2006, and was authorized for a period of eight years. On November 5, 2013, a majority of City of Orem voters voted to continue collecting the CARE tax for an additional 10 years. On February 9, 2016, the City Council amended the CARE Program policies and procedures, establishing eligibility requirements and an application process for this competitive granting program. Three categories of grants were established, including Recreational and Cultural Facilities, available for publicly-owned or operated facilities; Cultural Arts Major Grants, of $10,000 or more for operating costs of nonprofit cultural arts organizations, Cultural Arts Mid-Major Grants, of between $5,000 - $9,999 or more for operating costs of nonprofit cultural arts organizations and, Cultural Arts Mini Grants, of up to $4,999 for operating costs of nonprofit cultural arts organizations. Applications for this CARE granting round were due on March 8, 2018. As a group and with members serving as a smaller review panel, the City Council, along with the CARE Tax Advisory Commission, met in a series of public meetings in March and April to hear from applicants and to consider their grant requests. Utah law requires that the entire amount of revenues and interest collected as a result of the imposition of the tax be distributed in a manner consistent with Utah Code Ann. 59-12-1403, which allows for granting to one or more facilities or organizations. Utah law also requires the City to provide for that distribution by ordinance. 6:00 P.M. PUBLIC HEARING - PD-35 Amendment - Patio Covers 17. ORDINANCE - Amending Section 22-11-48(D)(2) of the Orem City Code to allow patio covers to encroach up to ten feet into the rear yard setback in the PD-35 zone PRESENTER: Jason Bench REQUEST: The applicant requests the City amend Section 22-11-48(D)(2) of the Orem City Code to allow patio covers to encroach up to ten feet into the rear yard setback in the PD-35 zone. POTENTIALLY AFFECTED AREA: Windsor Neighborhood BACKGROUND: The PD-35 zone currently requires a 20-foot setback behind all homes. Some homeowners with back yards on the south of their property have been having problems with their back yards becoming so hot that they are unusable. To make their back yards more useable, the applicant is requesting an amendment to allow unenclosed patio covers to encroach up to ten feet into the rear setback. RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 22-11-48(D)(2) of the Orem City Code to allow unenclosed patio covers to encroach up to ten feet into the rear yard setback in the PD-35 zone. Staff supports the recommendation of the Planning Commission. 6:00 P.M. PUBLIC HEARING - Lakeview Warehouse Park - OS-5 zone to M1 zone 18. ORDINANCE - Amending the Zoning Map of the City of Orem by rezoning the property at approximately 1750 South Geneva Road from the OS-5 zone to the M1 zone PRESENTER: Jason Bench REQUEST: The applicant requests the City Council amend the Zoning Map of the City of Orem by rezoning the property at approximately 1750 South Geneva Road from the OS-5 zone to the M1 zone. POTENTIALLY AFFECTED AREA: Lakeview Neighborhood BACKGROUND: In 2015, the City annexed the Southwest Annexation Area and adopted General Plan land use designations for the annexed property. The General Plan land use map designated most of the area on the east side of Geneva Road as low density residential (LDR) and most of the property on the west side of Geneva Road (with the exception of the PD-43 zone) as light industrial. The property on the west side of Geneva Road was designated as light industrial to encourage the expansion of the Orem Business Park consistent with the recommendations outlined in the City of Orem Economic Development Strategic Plan adopted in 2014. Because most of the property in the Southwest Annexation Area wasn't ready for development at the time of annexation, the City Council applied the OS-5 zone to most of the annexed property. The applicant is requesting a zone change from the current OS-5 zone to the M1 zone, which is consistent with the current General Plan land use designation of light industrial. The applicant would like to develop the property with five office warehouse buildings. RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend the Zoning Map of the City of Orem by rezoning the property at approximately 1750 South Geneva Road from the OS-5 zone to the M1 zone. Staff supports the recommendation of the Planning Commission. 6:00 P.M. PUBLIC HEARING - PD-5 Amendment - Setbacks 19. ORDINANCE - Amending Article 22-11-17(I)(2) of the Orem City Code reducing the setback from 30 feet to five (5) feet along 200 East in the PD-5 Zone PRESENTER: Jason Bench REQUEST: The applicant requests the City Council amend Article 22-11-17(I)(2) of the Orem City Code to reduce the setback in the PD-5 zone along 200 East from 30 feet to five feet. POTENTIALLY AFFECTED AREA: Cherry Hill Neighborhood BACKGROUND: University Square was built in 1994 and included a greenhouse on the northeast side of the building. The applicant would like to enclose the greenhouse and turn it into additional retail space. However, the greenhouse extends into the required setback. Originally, it was permitted to encroach into the setback because the greenhouse was considered 'temporary'. The greenhouse would need to meet setback requirements before it could be enclosed. The applicant requests an amendment to the setback requirements of the PD-5 zone in order to bring the greenhouse into compliance as to setbacks. RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 22-11-17(I)(2) of the Orem City Code to reduce the setback in the PD-5 zone along 200 East from 30 feet to five feet. Staff supports the recommendation of the Planning Commission. 20. 6:00 P.M. PUBLIC HEARING - 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 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 2018-2019 budget. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On April 17, 2018, the City Council received a draft of the Tentative Budget for the Fiscal Year 2018-2019. 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. In the public hearing staff will review: - Specific administrative and overhead costs; - Specific fund information; and - The proposed transfers 6:00 P.M. PUBLIC HEARING - Adopt Final Budget FY 2018-2019 21. ORDINANCE - Approving and Adopting a Budget for Fiscal Year 2018-2019, 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 RECOMMENDATION: The City Manager recommends the City Council, by ordinance, approve and adopt the Fiscal Year 2018-2019 Budget, adopt the compensation programs, adopt the fees and charges schedule, and set the property tax, franchise tax, municipal energy sales and use tax, telecommunications license tax, transient room tax, and E-911 fee rates. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On April 17, 2018, the City Council received a draft of the Tentative Budget for the Fiscal Year 2018-2019. Budget work sessions were held on February 27, March 3, March 13 and March 27. 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 2018-2019, 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 the state allowed maximum rate per month. Various adjustments and/or additions to miscellaneous fees and charges are proposed in many departments. 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 _______________________ CITY OF OREM NOTICE OF PUBLIC HEARING The City of Orem City Council will hold a public hearing on May 22, 2018 at 6:00 p.m. in the Orem City Council Chambers, 56 North State Street, Orem, Utah. The City Council will open and receive public comments concerning the following: - Approval of the Fiscal Year 2018-2019 City of Orem Final Budget; - Approval of the Fiscal Year 2018-2019 Redevelopment Agency of the City of Orem Final Budget; and - Approval of the Fiscal Year 2018-2019 Street Light Special Service District of the City of Orem Final Budget. Copies of the tentative budgets are available for public inspection in the City Manager's Office, the City Recorder's Office, and the Orem City Library, located at 56 North State Street, Orem, Utah, during regular business hours. All interested persons are invited to attend the public hearing and will have an opportunity to make written or oral comments concerning any aspect of the proposed budgets. THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special accommodation to participate in the City Council Meetings, please call the City Recorder's Office. (801) 229-7074 PUBLISHED IN THE DESERET NEWS AND SALT LAKE TRIBUNE THURSDAY, APRIL 26, 2018
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 801-229-7074)
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
Orem , 84057
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Notice Posting Details

Notice Posted On
April 25, 2018 11:44 AM
Notice Last Edited On
May 18, 2018 03:24 PM

Download Attachments

Download Attachments
File Name Category Date Added
City Council_20180522-1801_01d3f1f6f4f9b250.mp3 Audio Recording 2018/05/23 02:51 PM
2018-05-22.ccmin.pdf Meeting Minutes 2018/06/20 01:04 PM
CCPH05.22.18--Final Budget - all 3.pdf Public Information Handout 2018/04/25 11:44 AM
CityCouncilPublicHearing--2018.05.22--Setback in PD35--Patio Covers PD35--Rezone OS5.pdf Public Information Handout 2018/05/03 10:07 AM
City Budget Public Hearing - FY18-19.pdf Public Information Handout 2018/05/07 04:21 PM
Enterprise Fund Transfer PH - FY18-19.pdf Public Information Handout 2018/05/07 04:22 PM
RDA Budget Public Hearing - FY18-19.pdf Public Information Handout 2018/05/07 04:22 PM
SSLD Budget Public Hearing - FY18-19.pdf Public Information Handout 2018/05/07 04:22 PM
AGENDA - 2018-05-22.pdf Public Information Handout 2018/05/18 03:07 PM


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