General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

Orem City Council Meeting

Notice Tags

Zoning

Notice Type(s)

Meeting

Event Start Date & Time

January 11, 2011 04:00 PM

Event End Date & Time

January 7, 2011 03:55 PM

Description/Agenda

AMENDED AGENDA CITY OF OREM CITY COUNCIL MEETING 58 North State Street, Orem, Utah – Library Media Auditorium 95 East Center Street, Orem, Utah – Public Safety Training Room January 11, 2011 This meeting may be held electronically to allow a Councilmember to participate. 4:00 P.M. WORK SESSION – LIBRARY MEDIA AUDITORIUM 1. DISCUSSION – General Plan 5:00 P.M. STUDY SESSION – LIBRARY MEDIA AUDITORIUM 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. ADJOURN TO A CLOSED-DOOR MEETING – Personnel Issues Personnel - Pursuant to Section 52-4-204 (a) respectively, of the Utah State Code Annotated. 6:00 P.M. REGULAR SESSION – PUBLIC SAFETY TRAINING ROOM CALL TO ORDER INVOCATION/INSPIRATIONAL THOUGHT: By Invitation PLEDGE OF ALLEGIANCE: By Invitation APPROVAL OF MINUTES 4. MINUTES of City Council Meeting – December 14, 2010 5. MINUTES of Special City Council Meeting – January 4, 2011 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 6. UPCOMING EVENTS 7. UPCOMING AGENDA ITEMS 8. APPOINTMENTS TO BOARDS AND COMMISSIONS Beautification Advisory Commission – 3 vacancies Heritage Advisory Commission – 2 vacancies Metropolitan Water Board – 1 vacancy Recreation Advisory Commission – 2 vacancies Senior Advisory Commission – 3 vacancies Transportation Advisory Commission – 2 vacancies 9. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 10. PROCLAMATION – Human Trafficking Awareness Month - January 11. CITY COUNCIL LIAISON ASSIGNMENTS CITY MANAGER’S APPOINTMENTS Temporary Justice Court Judges 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. MOTION- Cancel the January 25, 2011, City Council Meeting 15. RESOLUTION - Amend Articles of Incorporation – Pursuant to Sections 10-2-419 and 10-2-425 of the Utah State Code, Annotated RECOMMENDATION: The City Recorder recommends the City Council, by resolution, amend the Articles of Incorporation for the City of Orem pursuant to Sections 10-2-419 and 10-2-425 of the Utah State Code, Annotated. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Section 10-2-425 of the Utah State Code directs cities and towns to file amended Articles of Incorporation with an updated legal geographical description reflecting annexation or boundary changes. This completes the Orem/Provo boundary line adjustment in the area of 750 North 1500 East. Section 10-2-419 of the Utah State Code outlines the process for amending Articles of Incorporation. SCHEDULED ITEMS 16. RESOLUTION – Supporting the City of Orem’s Membership in the Mountain Partnership and Authorizing the Mayor to Sign the Membership Application RECOMMENDATION: The Interim City Manager recommends the City Council, by resolution, support the City of Orem’s membership in the Mountain Partnership, a voluntary alliance of partners dedicated to improving the lives of mountain people and protecting mountain environments around the world, and authorize the Mayor to sign the membership application. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The Mountain Partnership is bringing countries, cities, groups, and organizations together to work towards a common goal: to improve the lives of mountain people and protect mountain environments around the world. The Mountain Partnership will be holding a conference in March of 2011 at Utah Valley University regarding the needs of people of mountain communities, particularly women. The City of Orem has been invited to join the Mountain Partnership and participate in the upcoming conference. Through its participation with The Mountain Partnership, the City of Orem will have the opportunity to learn about the environments, needs, and cultures of other communities and be able to share historical information and knowledge about the development of communities located in mountain regions. 17. MOTION – Calling for a Reconsideration of the Vote to Deny the Request to Enact Standard Land Use Code 6371 Climate Controlled Storage Units as a Permitted Use in the C2 Zone and Enact Section 22-8-17 of the Orem City Code, Additional Provisions For Specific Uses 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 enact Standard Land Use Code 6371 Climate Controlled Storage Units as a permitted use in the C2 zone and enact Section 22-8-17 of the Orem City Code, Additional Provisions for Specific Uses. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The request to amend Section 22-19-1(A) and Appendix A of the Orem City Code by enacting Standard Land Use Code 6371 Climate Controlled Storage Units as a permitted use in the C2 Zone and enacting Section 22-8-17 of the Orem City Code Additional Provisions for Specific Uses was denied by the City Council on December 14, 2010. 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. 6:00 P.M. PUBLIC HEARING 18. ORDINANCE - Amending Section 22-6-10 of the Orem City Code by Enacting Subsection (K), Amateur Radio Antenna REQUEST: Dan Bishop requests the City Council, by ordinance, amend Section 22-6-10 of the Orem City Code by approving subsection (K), Amateur Radio Antenna. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The applicant owns and operates an amateur radio (ham) at his residence located at 847 East 500 North. Under the current ordinance, a residential lot may contain antennae with a maximum height of forty-five feet. As with radio and many other uses requiring antenna, the higher an antenna is, the greater reception and capability. The applicant has proposed to increase the height of the allowed antenna to seventy-five feet and higher with a conditional use permit. The applicant proposes the following: • Equipment may include, but is not limited to, cellular or PCS (personal communication system), paging and microwave systems, and associated antennas, dishes, mounting structures, and related equipment • One antenna per lot would be allowed and would be located in the rear or side yard • Required setback of twenty feet from neighboring property and thirty feet from a right-of-way • A permitted antenna height would be seventy-five feet, and the antenna would be constructed of galvanized steel or a neutral color aluminum • A conditional use permit will be required for an antenna higher than seventy-five feet or one that deviates from the required setbacks or materials • Towers are abandoned if not used for two years, exclusive of ecclesiastical or military service Ham radio facilities are considered to be a necessary use. They are a viable form of communication during an emergency situation and have the ability to communicate worldwide. There are existing antennae in the city, and as of this request, no complaint has been filed with the City. The increase in permitted height may bring about complaints. Towers are available that can be cranked up and down either manually or with a motor to the desired height. The City Council may require the use of this type of tower if desired. The applicant has included several other types of facilities for transmission, including cellular or PCS (personal communication system), paging and microwave systems, and associated antennas, and dishes. These should be carefully looked at to determine if they are appropriate as part of a ham antenna tower. Advantages • Ham radio provides a necessary form of communication during an emergency situation • Some towers can be the type that are cranked to the height needed and lowered when not in use • Use of crank up/down towers can limit the time of greatest visual impact Disadvantages • Antenna can be an undesirable use to adjacent properties • Seventy-five feet appears too tall to be in a residential zone • Types of proposed permitted equipment (cellular, personal communication systems, paging and microwave systems, and associated antennas, dishes, mounting structures) seems excessive Pleasant Grove Permits towers to seventy-five feet and higher through a conditional use permit Lindon Permitted at thirty-five feet with additional height approved through a conditional use permit Payson Permitted to seventy-two feet Salt Lake City Permitted to seventy-five feet Riverton Permitted to sixty-five feet Provo Regulated by standards of the FAA (if the FAA approves, then Provo does) 22-6-10(K) Amateur Radio Antenna PURPOSE AND OBJECTIVES: This section separates regulations governing amateur communications from the private/non-commercial radio communications and related equipment, and from the regulations of the commercial communication/business related equipment and facilities, and establishes provisions relating to demand, visual mitigation, r-f noise, engineering, residential impact, health, safety and facility siting. Such equipment may include, but is not limited to, cellular or PCS (personal communication system), paging and microwave systems, and associated antennas, dishes, mounting structures, and related equipment. All facilities shall comply with the following regulations and all other ordinances of the City and any pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). A. Amateur Communications: This section shall apply to Amateur Radio antennas and support structures. Amateur radio antennas and support structures are allowed in all zones within the City and it is the City’s intent to provide reasonable accommodation for such communications. In addition to the requirements of the Federal Communications Commission (FCC) applicable to such structures, the following additional requirements shall apply: 1. A building permit for an antenna support structure is required if the support structure is over twelve (12) feet high above grade. 2. No more than one amateur support structure per lot may be installed. A support structure may only be located in the rear or side yard of a home or main structure. 3. Setbacks for all amateur support structures shall be twenty feet (20’) from neighboring property lines and a minimum of thirty feet (30’) from a public right of way. 4. The maximum height of a support structure is seventy-five feet (75’) measured from ground level. A support structure shall be retractable or a non-guyed tower. 5. Support structures shall be composed of non-reflective galvanized steel or aluminum and shall not have obtrusive colors. 6. Operators may use various antennas depending upon their communications objective. Amateurs typically require both UHF/VHF and HF antennas to achieve local and long distance communications and to provide emergency communications. Antennas are to be installed on a building or property in the least conspicuous location possible as viewed from the public street. 7. A Conditional Use Permit shall be required for the design of any amateur antenna or support structure that exceeds or deviates from the standards contained herein. 8. The required setback for a support structure shall be increased by one foot (1’) for every additional foot in height of the support structure above seventy-five feet (75’) as measured, from the base of the support structure to each affected property line. 9. An antenna structure shall be deemed to be abandoned and must be removed if the antenna is not used for a period of two (2) years or more. However, this two year period shall not run during any time when the owner is away on a temporary leave of absence due to military service, a volunteer service assignment or ecclesiastical assignment. 6:00 P.M. PUBLIC HEARING 19. ORDINANCE – Amending Section 22-19-1(A) and Appendix A of the Orem City Code by Enacting Standard Land Use Code 7452 Indoor Rifle Ranges as a Permitted Use in the Highway Services, M1, M2, and CM Zones REQUEST: Stuart Wallin requests the City Council, by ordinance, amend Section 22-19-1(A) and Appendix A of the Orem City Code by enacting Standard Land Use Code 7452 Indoor Rifle Ranges as a permitted use in the Highway Service (HS) zone. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The applicant desires to construct an indoor rifle range in the HS zone. Currently, the City allows Standard Land Use Code 7451 Rifle Ranges in the M1, M2, and CM zones. Staff would suggest that the City allow Indoor Rifle Ranges as a permitted use in the M1, M2, and CM zones in addition to the HS zone. The applicant has an existing indoor rifle range facility in Murray City. The Murray facility has not received a complaint for excess noise levels from adjacent businesses within 24 feet or residential uses within 125 feet of the facility according to the information provided by the applicant. The facility in Murray has a noise level between 68 to 75 decibels measured on the outside of the building. (Normal conversation is between 60-70 decibels. Normal city traffic has a decibel level between 80-85 decibels.) Advantages of the proposal include: • The Highway Services zone is located between 1200 West and Interstate 15, which would provide adequate buffering for potential noise caused by the indoor rifle range • The indoor rifle range use would be compatible with other uses within the HS zone • The indoor rifle range would not produce decibel readings higher than the surrounding traffic on 1200 West or I-15 • The indoor rifle range would bring people from around Utah County to Orem • The indoor rifle range would create 10 to 15 jobs Disadvantage of the proposal include: • None determined The amendment proposed is outlined below: SLU R5 R6 R6.5 R7.5 R8 R12 R20 OS5/ROS PO C1 C2 C3 HS M1 M2 CM BP 7452 Indoor Rifle Ranges N N N N N N N N N N N N P P P P N 20. ORDINANCE – Enacting Provisions Prohibiting the Sale, Use, or Possession of Marijuana Substitutes Known as Spice RECOMMENDATION: The City Attorney recommends the City Council, by ordinance, enact Section 9-2-13 of the Orem City Code, prohibiting the sale, use, or possession of certain chemical compounds used as substitutes for marijuana. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Over the past few months there has been a proliferation of the use of chemical compounds which provide a “high” similar to that produced by smoking very potent marijuana. These compounds are not currently prohibited by either State law or City ordinance, nor are they detectable by tests for marijuana. Their usage is becoming more common among the youth. The fact that they are not currently outlawed causes both a public health problem and a public safety problem. Governments all over the United States have begun to outlaw these substances. There is a bill before the Utah Legislature that will amend the Controlled Substances Act to accomplish this. A few cities and counties have also enacted their own ordinances. At the request of the City Council, staff has prepared a proposed ordinance for adoption in Orem’s City Code. 21. RESOLUTION – Approving an Interlocal Agreement with North Utah Valley Animal Services Special Service District Regarding the Provision of Services and Benefits RECOMMENDATION: Staff recommends the City Council, by resolution, approve and authorize the Mayor to execute the proposed Interlocal Agreement with North Utah Valley Animal Services Special Service District, calling for the provision of financial and other services and employee benefits for the District and its employees. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Orem is a member of the North Utah Valley Animal Services Special Service District (NUVAS). NUVAS provides an animal shelter and related services for the cities of Utah County from Orem north. Orem is the largest member of the District. NUVAS has only five employees. It has found that it would be very costly to provide health insurance and other benefits to those employees without being members of a larger group. NUVAS has requested that its employees be allowed to “piggyback” on Orem’s employees, so that its employees can receive the same benefits as Orem employees without the higher cost of contracting privately for those benefits. The providers of benefits for Orem employees have consented to add NUVAS employees to Orem’s employee count. It is advantageous to Orem to allow this since if NUVAS contracted with private entities to provide those benefits, Orem would be paying a majority of those elevated costs. NUVAS is willing to pay all of Orem’s costs associated with benefits for its employees. Likewise, it is much more fiscally sound for Orem to handle financial matters (such as payroll and accounting) and some HR services for NUVAS, since it would be very expensive for NUVAS to hire an outside firm or personnel to provide those services and both NUVAS, and Orem would save money by having Orem provide the services. NUVAS will pay an annual fee to cover all the costs of Orem doing so. The proposed Interlocal Agreement calls for Orem to provide the services and benefits upon payment by NUVAS of an annual fee as well as reimbursement of the actual costs, such as insurance premiums and retirement contributions. The Agreement makes it clear that NUVAS employees are not considered employees of the City, and Orem will not make hiring or other employment decisions regarding them. COMMUNICATION ITEMS 22. BUDGET REPORT – Month Ending November 2010 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. 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.

Meeting Information

Meeting Location

58 North State Street
95 East Center Street
Orem, 84057
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Notice Posting Details

Notice Posted On

January 07, 2011 04:00 PM

Notice Last Edited On

January 10, 2011 11:51 AM

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