General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

Orem City Council

Notice Tags

Zoning

Notice Type(s)

Event Start Date & Time

December 9, 2008 05:00 PM

Event End Date & Time

December 9, 2008 11:00 PM

Description/Agenda

CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah December 9, 2008 5:00 P.M. STUDY SESSION – MULTIPURPOSE ROOM 1. PRESENTATION – Mountainland Applied Technology College (MATC) – Mark Walker – 15 Minutes 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 COLOR GUARD PRESENTATION – United States Civil Air Patrol APPROVAL OF MINUTES 4. MINUTES of City Council Meeting – November 11, 2008 5. MINUTES of Joint Orem/Provo City Council Meeting – November 13, 2008 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 6. UPCOMING EVENTS 7. UPCOMING AGENDA ITEMS 8. APPOINTMENTS TO BOARDS AND COMMISSIONS CEDO Board – 1 vacancy Library Advisory Commission - 1 vacancy Orem Arts Council – 4 vacancies 9. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 10. MOTION – Mayor Pro Tem – January 1, 2009 to June 30, 2009 11. REPORT – Sandhill Road Speed Limit 12. PRESENTATION – Library Video – New Tabletop Touch Screen for Group Study CITY MANAGER’S APPOINTMENTS 13. APPOINTMENTS TO BOARDS AND COMMISSIONS The City Manager does not have any appointments. PERSONAL APPEARANCES 14. 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 15. ORDINANCE - Amending Article 2-25 of the Orem City Code by Changing the Number Required to Constitute a Quorum of the Orem Arts Council from Six to Seven and Inserting the Full and Proper Name of Hale Center Theater Orem RECOMMENDATION: The City Manager recommends the City Council, by ordinance, amend Article 2-25 of the Orem City Code by changing the number required to constitute a quorum of the Orem Arts Council from six to seven members and inserting the full and proper name of Hale Center Theater Orem. BACKGROUND: When the Orem Arts Council was established in January 2007, the proposed ordinance was drafted to provide for an eleven member body with a required quorum of six. In the course of deliberation, the City Council added two additional seats to the Arts Council bringing the total membership of the Arts Council to thirteen. The number required for a quorum was inadvertently left at six. This change corrects the text of the ordinance, and specifies a seven-member majority for this thirteen-member body. This change also corrects the text of the ordinance by inserting the full and proper name of Hale Center Theater Orem. 16. MOTION - Adopt 2009 Annual City Council Meeting Schedule RECOMMENDATION: The City Recorder recommends the City Council, by motion, adopt the 2009 Annual City Council Meeting Schedule. BACKGROUND: Section 52-4-6 of the Utah Code Annotated requires the City to ". . . give public notice at least once each year of its annual meeting schedule . . ." and to ". . . specify the date, time and place of such meetings . . ." in said notice. Posting the notice at the principal office of the public body and publication of said notice in at least one newspaper of general circulation within the geographic jurisdiction shall satisfy public notice. Generally, the City Council will meet on the second and fourth Tuesdays of each month, except when these dates conflict with holidays, elections, or conferences. The City Council has the ability to add, delete, or change any of the meetings on this proposed schedule prior to approving it. The City Council may also add, delete, or change the schedule--with proper public notice -once it has been approved. 17. RESOLUTION - Amend CARE Program Policies and Procedures RECOMMENDATION: The Community & Neighborhood Services Manager recommends the City Council, by resolution, amend the Policies and Procedures for City Option Funding of Recreational and Cultural Facilities and Cultural Organizations, known as the CARE Program. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The City Council held work sessions to discuss potential changes to the CARE Program Policies and Procedures on October 28, 2008, and November 11, 2008. A complete redline/strikeout version of the proposed changes has been prepared and is now ready for the Council’s approval. Significant changes include: • CARE funding allocated in previous years will not be included in the list of non-qualifying expenditures for the program. • Mini Grant applicants may apply if they are 501(c)(3) nonprofit entities or registered with the State of Utah as nonprofit corporations with an active status at the time of the application deadline. • Organizations will not qualify to receive Major Grants unless they have a significant presence, and manage and present, in the City of Orem. Preference will be given to Mini Grant applicants that have a significant presence, and manage and present, in the City of Orem. • Organizations headquartered outside of Orem may qualify for Mini Grants to present in the City of Orem, based on their intent to establish a more significant ongoing presence in the City of Orem. • Any applicant receiving $5,000 or more in CARE grants, even if the $5,000 threshold is reached through multiple Mini Grants, shall be treated as a Major Grant recipient and must comply with all rules and regulations related to Major Grants. • The Addendum has been updated to reflect changes in the Utah State Code, Section 59-12-1402. SCHEDULED ITEMS 18. RESOLUTION - Accept Fiscal Year 2007-2008 Audit RECOMMENDATION: The City Manager recommends the City Council, by resolution, accept the Fiscal Year 2007-2008 audit as presented. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: In accordance with State Law, the City is required to have a complete financial audit performed by an independent auditing firm on an annual basis. Over the past several months, the accounting firm of Wisan, Smith, Racker & Prescott, LLP has been reviewing the City’s financial records and has now completed their audit. All of the audit information is included in the Comprehensive Annual Financial Report (CAFR). Representatives from Wisan, Smith, Racker & Prescott, LLP will review the CAFR in their presentation to the City Council during the meeting. The City ended the fiscal year at June 30, 2008, in strong financial shape and has received an auditor’s opinion with no qualifications (a “clean” opinion). 6:15 P.M. PUBLIC HEARING 19. ORDINANCE – Amending Section 22-19-1(A) and Appendix A of the Orem City Code by Changing Standard Land Use Code 1282, Assisted Living Facilities From a “Permitted” Use to a “Not Permitted” Use in the C3 Zone RECOMMENDATION: The applicant requests the City Council, by ordinance, amend Section 22-19-1(A) and Appendix A of the Orem City Code by changing Standard Land Use (SLU) Code 1282, Assisted Living Facilities from a “permitted” use to a “not permitted” use in the C3 zone. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On March 27, 2007, the City Council approved the request to change Standard Land Use Code 1282, Assisted Living Facilities from a “not permitted” use to a “permitted” use in the C3 zone. On March 5, 2008, the Planning Commission approved the site plan for the Gables Assisted Living Facility located generally at 600 West 800 North. As outlined in Section 22-14-20(N) of the Orem City Code, a site plan is valid for two years from the date of approval. The Gables Assisted Living Facility has a right to and must obtain a building permit for the approved site plan by March 5, 2010. The applicant for the Gables Assisted Living Facility has stated that the facility is still in the process and will most likely begin construction in the first half of 2009. Rebecca Landau requests the City change Standard Land Use Code 1282 Assisted Living Facilities from a “permitted” to a “not permitted” use in the C3 zone. The applicants’ legal counsel provided a letter outlining their arguments for the change. At the Planning Commission hearing, the applicant stated the market could not support an additional assisted living facility in the area, and a new facility would cause an increase in demand for professional staff. The applicant indicated that their facility has increased wages by twelve percent to keep up with the current market rates. Currently, Orem City does not regulate the number of assisted living facilities that can locate within the city in the C1, C2, or C3 zones. Market forces have determined the number of these facilities. The applicant stated the City should regulate the location and number of these facilities allowed in the city. The proposed amendment is outlined below: SLU R5 R6 R6.5 R7.5 R8 R12 R20 OS5/ROS PO C1 C2 C3 HS M1 M2 CM BP 1282 Assisted Living Facilities N N N N N N N N N P P N N N N N N 6:15 P.M. PUBLIC HEARING 20. ORDINANCE – Amending Sections 17-6-6(A), 17-6-6(B)(3), 17-6-6(E), 22-14-20(Q)(1) and Enacting Section 17-6-6(H) of the Orem City Code Pertaining to Improvement Bonds RECOMMENDATION: The Development Services Department requests the City Council, by ordinance, amend Sections 17-6-6(A), 17-6-6(B)(3), 17-6-6(E), 22-14-20(Q)(1) and enact Section 17-6-6(H) of the Orem City Code pertaining to improvement bonds. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The proposed amendments pertain to improvement bond requirements and the length of time a developer has to complete site improvements. The one-year requirement brings the Orem City Code into conformance with the Utah State Code. The proposed amendments are outlined below: Section 17-6-6(A) A. The developer of a subdivision shall bond for the proper and timely installation of all subdivision improvements required by the City (“required improvements”). Required improvements include: 1. All improvements required by City ordinances; 2. Improvements shown or noted on preliminary plat’s for those lots included in the final plat, and construction drawings approved by the City; and 3. Improvements required by the City as part of the plat approval process. Section 17-6-6(B)(3) 3. Remain free from defects for a period of one (1) year following the date that all improvements pass City inspection. The developer shall repair or replace any improvements which are or become defective during this time period. All repairs or replacements shall be made to the satisfaction of the City. The City may require the developer to guarantee and warrant that any repairs remain free from defect for a period of one (1) year following the date that the repairs pass City inspection. The City may retain the developer's bond until the repairs have lasted through the warranty period, and may take action on the bond if necessary to properly complete the repairs. Section 17-6-6(E) E. A sum equal to ten percent (10%) of the total amount covered by the bond shall be held and not released for a period of one (1) year after all improvements are completed and final inspection is made by the City. Section 22-14-20(Q)(1) 1. Purpose. A bond, sufficient in amount to cover the cost of all improvements and necessary street cleaning during the construction phase, shall be required prior to the issuance of any building permit on any approved site plan. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within two (2) years of the issuance of building permit. This guarantee bond shall also ensure that public improvements associated with the site plan development shall remain free from defects for one (1) year from the completion of such improvements or one (1) year from the date the final occupancy permit is issued, whichever is longer, and shall not be released until the improvements are accepted by the City. Section 17-6-6(H) H. Notwithstanding any other provision to the contrary, the City may require a warranty on the required improvements in a subdivision for a period of up to two years after the improvements pass City inspection if the City: 1. Determines for good cause that a lesser period would be inadequate to protect the public health, safety and welfare, and 2. Has substantial evidence of: (a) the prior poor performance of the contractor, (b) unstable soil conditions within the subdivision or development area, or (c) extreme fluctuations in climatic conditions that would render impracticable the discovery of substandard or defective performance within a one-year period. 6:30 P.M. PUBLIC HEARING 21. ORDINANCE – Amending Section 22-6-9(G), Enacting a New Subparagraph (H), Changing the Subsequent Lettering to Accommodate for the New Subparagraph (H) and Amending Appendix A of the Orem City Code by Allowing Private Schools Across the Street from Public Schools RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Section 22-6-9(G), enact a new subparagraph (H), change the subsequent lettering to accommodate for the new subparagraph (H) and amend Appendix A of the Orem City Code by allowing private schools across the street from public schools. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The Orem City Code requires any private primary or secondary school to be located adjacent to an existing public primary or secondary school. This means the properties must share a common property line. The Orem City Code does not allow a private school to be located across the street from a public school. The applicant requests a private primary or secondary school to be permitted across the street from a public school. In the applicant’s situation, his property is located across the street from Orem High School located generally at 280 South 400 East. The proposed change will affect not only the applicant’s parcel but six other parcels in the city. The number of locations could increase if parcels are joined together to meet the lot size requirement. To prevent this, the City Council may want to consider allowing private schools only on parcels that existed at the time of adoption. The applicant originally asked for a small text change to Appendix A, which proposed wording is still in place. However, the Planning Commission was not comfortable with the permitted use without development standards. Staff has come up with additional requirements as reviewed by the Planning Commission. Among the changes to the ordinance, Private Schools have been separated from the requirements of a Commercial Day Care Services, or SLU 6261 and SLU 6262. Staff felt the uses were different enough to warrant their own requirements. After the Planning Commission meeting, the applicant spoke to staff and stated he had concerns with the fence requirement. This concern was not brought up to the Planning Commission, so there was no discussion on the item. The proposed language requires a masonry or polyethylene fence to be located where the private school is adjacent to a residential zone or dwellings. The homeowners adjacent to the rear parking lot use the school/church parking lot and access their property through the gates. The applicant is concerned that if the fence requirement is in place, the new fence may preclude the use of the parking lot by the neighbors. Advantages • Traffic impact is minimal since a public school must be located on the same street. • Most, but not all, private schools are smaller in enrollment and size of building(s). • Minimal neighborhood impact with close proximity of a public school. • The traffic impact may be minimal in this particular instance, since staff has received no formal complaints about the traffic operations of the existing private school at 280 South 400 East. Disadvantages • A school similar to the Noah Webster Academy on 400 South could create significant traffic impacts if it were located across from an existing public school. A detailed Traffic Impact Study (TIS) should be submitted by the applicant and approved by the City prior to approving a private school across the street from a public school. The proposed changes are as follows: SLU R5 R6 R6.5 R7.5 R8 R12 R20 OS5/ROS PO CI C2 C3 HS M1 M2 CM BP 6813 Private Primary and Secondary Schools - permitted* if adjacent to or across the street from a public primary or secondary school N N* N* N* N* N* N* N* P P P N N N N N N G. Commercial Day Care Services (SLU Codes 6261 and 6262). Commercial Day Care Services are defined to include (1) Commercial Child Day Care Facilities, and (2) Commercial Adult Day Care Facilities. Commercial Day Care Services shall be allowed in residential zones only upon the issuance of a conditional use permit and must, at a minimum, meet the following requirements: 1. In residential zones, Commercial Day Care Services shall only be allowed on properties adjacent to either a collector or an arterial street. 2. A Commercial Day Care facility shall not be established within two thousand six hundred and forty feet (2640') of another Private School or Commercial Day Care facility. 3. Commercial Day Care Services shall comply with the site plan requirements set forth in Section 22-14-20. 4. The entire area of the front yard setback shall be landscaped except for permitted driveways. 5. No more than two car trips per hour shall be generated before 5:30 a.m. or after 9:00 p.m. 6. The site plan shall be configured so that no vehicle will back out on to a dedicated street. Parking and turn-around areas shall be located in the side or rear yard unless the site includes a circular driveway. 7. The rear yard shall be enclosed with a six-foot (6'), sight-obscuring fence. All gates shall be self-closing and self-locking. 8. The exterior building design shall resemble a single-family residential dwelling in harmony with any neighboring residential dwelling units. 9. A maximum of one wall sign no greater than six square feet (6ft ²) in area shall be allowed unless otherwise prohibited as part of the conditional use permit. The sign shall be designed to minimize the visual impact on surrounding properties. 10. There shall be no exterior evidence of a business other than a permitted sign. No activities connected with the operation of the Commercial Day Care facility shall be conducted in the front yard or in a side yard adjacent to a street with the exception of parking in a permitted drive-way and use of the front entrance to enter and exit the building. 11. All residents, visitors and employees who arrive at the facility in connection with the Commercial Day Care facility shall be legally parked on the lot occupied by the facility or on that part of the street which immediately abuts the lot. 12. Commercial Day Care Facilities shall obtain a license from the State of Utah Department of Human Services, where required. Private Schools and Commercial Day Care Facilities must also obtain a business license from the City of Orem in accordance with the provisions of Chapter 12 prior to operating the business. 13. Applicants for site plan approval of private schools shall submit an engineered traffic flow and parking plan showing sufficient ingress and egress, drop-off areas, traffic flow, and parking spaces so that parking for school functions will be contained on the site and the school will not adversely affect surrounding properties. The Planning Commission shall review the plan and based on the City Engineer’s recommendations may modify the site plan and impose additional requirements in order to meet all projected needs of the site for traffic flow and parking. H. Private Schools (SLU Code 6813). Private Schools are defined as private (1) primary schools, and (2) secondary schools. Private schools are allowed in residential zones only (1) on property adjacent to a public primary or secondary school, or (2) on property located across the street from a public primary or secondary school where the street is an arterial or collector street. Private schools located in residential zones must also meet all of the following requirements: Private Schools shall comply with the site plan requirements set forth in Section 22-14-20. The site plan shall also include a traffic flow and parking plan prepared by a licensed engineer showing sufficient ingress and egress, drop-off areas, traffic flow, and parking spaces so that parking for school functions will be contained on the site and the school will not adversely affect surrounding properties. The site plan shall be configured so that no vehicle will back out onto a dedicated street. Parking and turn-around areas shall be located in the side or rear yard unless the site includes a circular driveway. The site shall also be designed with an on-site drop-off location with room for stacking of vehicles sufficient to accommodate the anticipated number of students. The Planning Commission shall review the site plan and may impose additional requirements in order to meet all projected needs of the site for traffic flow and parking. 1. The entire area of the front yard setback shall be landscaped except for permitted driveways. 2. No more than two car trips per hour shall be generated by the private school before 5:30 a.m. or after 10:00 p.m. 3. A pickup and drop off location must be located on site for students and be part of a continuous motion of traffic flow to prevent vehicles from backing out onto a public right-of-way. 4. A six foot (6’) foot masonry or polyethylene fence shall be installed and maintained on all parts of the perimeter of the private school property that is adjacent to property that is zoned or used for residential purposes. 5. In a residential zone, a monument sign no greater that thirty-six (36) square feet and six (6) feet high shall be allowed. The sign shall be designed to minimize the visual impact on surrounding properties. 6. A private school located across the street from a public primary or secondary school must be on a lot with a minimum of one (1) acre and a maximum of two (2) acres. 7. A private school shall not front on a cul-de-sac. 8. Lighting on a building or lighting for parking or play areas shall be shielded downward to minimize the impact and glare to neighboring residential uses. No recreational areas that are part of the private school site plan shall be lighted after 10:00 p.m. or before 7:00 a.m. 9. Private schools shall obtain a license from the State of Utah Department of Human Services, where required. Private schools must also obtain a business license from the City of Orem in accordance with the provisions of Chapter 12 prior to operating the business. 10. Parking shall be provided at the ratio of two (2) stalls for every teaching station and one (1) stall for every six (6) students over the age of sixteen (16). … I … J … K … 6:30 P.M. PUBLIC HEARING 22. ORDINANCE – Amending Appendix O and Section 22-11-33(E) of the Orem City Code Pertaining to Allowing Hotels as a Permitted Use in the PD-21 Zone RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend Appendix O and Section 22-11-33(E) of the Orem City Code to allow hotels as a permitted use in the PD-21 zone. POTENTIALLY AFFECTED AREA: Sunset Heights Neighborhood BACKGROUND: The PD-21 zone (Parkway Crossing) was originally envisioned as a student housing development for up to 6,000 students in 1,800 apartments units. When first conceived, one owner was to be the developer. This plan never came to fruition, and there are now four ownership groups within the PD-21 zone. Keller Investment owns the existing Parkway Crossing structures. Parkway Crossing LLC owns the vacant ground to the east, which is slated for married- student housing. Merrill Gappmayer owns the property east of the Chevron (note: Chevron is not in the PD-21 zone) and north of University Parkway. The Gappmayer property is under contract with Big Red Enterprises (Stuart Henry) and is the property that is the subject of this request. The LDS Church owns property as well, but the proposed changes do not affect them in any way. The applicant requests the concept plan for the PD-21 zone be amended to allow each of the property owners to develop their own property without conflicting with the other owners. The current concept plan shows buildings that cross property lines which prevents development. The vacant property to the east and south of the existing Parkway Crossing buildings cannot develop unless the concept plan is amended. The concept plan will show how all three properties will be separate but linked together by roads and drive lane locations. The second request is to allow hotels as a permitted used in the PD-21 zone. The location of the proposed hotel is shown on the current concept plan as having a building with ground floor commercial and student housing above. The proposed change will remove any housing from this particular location and replace it with a hotel site and a multi-tenant commercial building pad. Student housing will then be located to the east. Amending the concept plan is not really an issue since it must be amended for any of the vacant properties to develop. The real issue is whether or not a hotel is a compatible use in the PD-21 zone. Advantages: • Location and adjacent uses makes the hotel a compatible use • Provides for commercial development as originally planned • The concept plan must be amended to allow any development of the vacant property in the PD-21 zone Disadvantages: • Removes student housing which may be needed in the future with the continued growth of Utah Valley University (UVU) 23. ORDINANCE – Amending Sections 23-2-1, Definitions and 23-2-11 of the Orem City Code and Enacting Article 23-4 of the Orem City Code as They Relate to Storm Water Utility and Enforcement RECOMMENDATION: The Department of Public Works recommends the City Council, by ordinance, amend Sections 23-2-1, Definitions and 23-2-11 of the Orem City Code and enact Article 23-4 of the Orem City Code as they pertain to the enforcement of storm water regulations. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The City of Orem has enacted ordinances to govern the Storm Water Utility. Storm water runoff carries concentrations of oil, grease, nutrients, chemicals, heavy metals, toxic materials, and other undesirable materials that may jeopardize the integrity of ground waters and receiving water, including the City’s culinary water supply. Without any maintenance and regulation, the existing storm water drainage conditions in the city would constitute a potential hazard to the health, safety, and general welfare of the city, its residents, and its businesses. In order to more effectively enforce these regulations, the Department of Public Works Storm Water Utility requests the City Council consider the proposed ordinance changes. The biggest change is the addition of Article 23-4, Storm Water Administrative Citation Procedures. This new article specifically details the requirements for the citation and its issuance. The penalties for non-compliance include monetary fines (approved by the City Council as part of the City’s Budget), which increase incrementally per violation. It also includes the authority for the Public Works Officer to issue a “stop work order” when a party continues to violate the Storm Water Utility Ordinance. Also, if the party fails to pay the assessed fine, the City may use legal remedies to collect the fines, including liens, small claims actions, and collections. Additionally, the Ordinance provides that the administrative citation procedure is not exclusive, and that the City may use any civil or criminal procedures to bring the party/property into compliance. Lastly, the ordinance outlines the procedural steps to ensure that a party’s due process rights are protected. These steps include the ability to request an informal administrative hearing, in front of the City Manager or an agent as designated by the City Manager. 24. MOTION – Approve the Property Acquisition for the Lindon Hollow Ditch Storm Water Detention RECOMMENDATION: The City Manager recommends that the City Council, by motion: (1) Approve and ratify the Memorandum of Understanding governing the acquisition of real property for the Lindon Hollow Ditch storm water detention, subject to the satisfactory completion of all contingencies listed in the Memorandum of Understanding (2) Authorize the Mayor and City Manager to sign the documents necessary to complete the property acquisition according to the terms set forth in the Memorandum of Understanding, and (3) Authorize the Mayor to sign a letter to the sellers of the property indicating that the property was acquired under threat of condemnation. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Lindon Hollow Ditch is a primary outlet for Orem’s storm water drainage. It is located in the Town of Vineyard, north of Orem’s 1600 North Street and west of Geneva Road. There is a 13.61 acre wetlands area adjoining Lindon Hollow Ditch that is owned by Anderson Geneva Development. This piece of property has been platted as Lot 5 of Eastlake at Geneva Industrial Business Park, Phase 2 (the “Property”). The Property serves as a detention basin for Lindon Hollow Ditch and as a means of naturally cleaning the storm water in Lindon Hollow Ditch. Orem and Lindon have been in negotiations with Anderson Geneva for several months to acquire the Property. On October 28, 2008, the parties conducted a mediation, with the Office of the Property Rights Ombudsman acting as mediator. The mediation resulted in the Memorandum of Understanding that the Council is being asked to approve and ratify. The Memorandum of Understanding provides that Orem and Lindon will purchase the Property from Anderson Geneva for $1.4 Million. Orem and Lindon have agreed to divide ownership interest in the Property and costs associated with the Property, on a 60/40 basis (60% Orem, 40% Lindon), based on their estimated usage of Lindon Hollow Ditch. Orem’s share of the purchase price will therefore be $840,000.00. Before the parties close on the Property, Orem and Lindon will need to receive a satisfactory Phase I Environmental Site Assessment for the Property and must receive assurance from the Utah Department of Environmental Quality (“UDEQ”) that the proposed use of the Property is consistent with environmental covenants that have been placed on the Property by UDEQ. By approving the Memorandum of Understanding, Orem agrees to allow Lindon to provide water service to a portion of Vineyard located just south of the natural extension of Orem’s 1600 North Street, and agrees to negotiate in good faith regarding the boundaries of Orem’s “exclusive” water service area in Vineyard. The Memorandum of Understanding also requires Orem and Lindon to change the location of the outlet from the wetlands area of the Property and to construct a new channel for the outlet. COMMUNICATION ITEMS 25. PERSONAL APPEARANCE RESPONSE – Cheryl Jacob – Traffic Problem - 1545 North State 26. PERSONAL APPEARANCE RESPONSE – Adam Goodman – Problems at Cherryhill Park 27. BUDGET REPORT – Month Ending October 2008 CITY MANAGER INFORMATION ITEMS 28. 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 CLOSED-DOOR MEETING – Personnel (City Manager Evaluation) Personnel - Pursuant to Section 52-4-205 (1)(a) 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

NA

Meeting Information

Meeting Location

56 North State
Orem , Utah
Show in Apple Maps Show in Google Maps

Notice Posting Details

Notice Posted On

December 04, 2008 03:16 PM

Notice Last Edited On

December 04, 2008 03:35 PM

Subscribe by Email

Subscription options will send you alerts regarding future notices posted by this Body.