CITY OF OREM
CITY COUNCIL MEETING
56 North State Street, Orem, Utah
October 11, 2011
This meeting may be held electronically
to allow a Councilmember to participate.
5:00 P.M. STUDY SESSION – PUBLIC SAFETY TRAINING ROOM
AGENDA REVIEW
1. The City Council will review the items on the agenda.
CITY COUNCIL - NEW BUSINESS
2. 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
3. MINUTES of City Council Meeting – September 20, 2011
4. MINUTES of Orem City/Vineyard Town Council Meeting – September 26, 2011
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL
5. UPCOMING EVENTS
6. UPCOMING AGENDA ITEMS
7. APPOINTMENTS TO BOARDS AND COMMISSIONS
Library Advisory Commission – 1 vacancy
Orem Arts Council - 2 vacancies
Recreation Advisory Commission - 1 vacancy
8. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
CITY MANAGER’S APPOINTMENTS
9. APPOINTMENTS TO BOARDS AND COMMISSIONS
Board of Adjustment – 2 vacancies
PERSONAL APPEARANCES
10. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. Due to these items not being on the agenda, there will be no discussion or action taken on them at this meeting. (Please limit your comments to 3 minutes.)
CONSENT ITEMS
11. There are no consent items.
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARING
12. ORDINANCE – Amending a Portion of Sections 22-6-9(A), 22-6-9(C), 22-6-9(D), and 22-6-9(E) of the Orem City Code Pertaining to Certain Group Homes in the Highway Services Zone and Amending Standard Land Use Codes 1261, 1262, 1263, and 1285 to Allow These Uses in the Highway Services Zone
REQUEST: The Development Services Department requests the City Council, by ordinance, add Standard Land Use Codes 1261 Residential Facilities for Disabled Persons; 1262 Youth Transitional Home; 1263 Sober Living Facilities; and1285 Residential Facilities for Elderly Persons as permitted uses in the Highway Services (HS) zone. In addition, the Development Services Department requests the City Council amend portions of Sections 22-6-9(A), 22-6-9(C), 22-6-9(D), and 22-6-9(E) of the Orem City Code pertaining to certain residential facilities in the HS zone.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The City recently received a request to locate a sober living home in the HS zone. Sober living homes are currently only permitted in residential zones; however, there are a number of buildings in the Highway Services zone that are currently or were formerly used as residential dwellings. Some of these buildings would be suitable for use as a group home. The City is requesting that sober living homes, as well as three other types of group homes, be allowed in the HS zone.
After reviewing the proposed ordinance, staff has listed advantages and disadvantages concerning the proposed request.
Advantages:
• It would allow an additional area where certain group homes can locate
Disadvantages:
• None determined
The proposed amendments are outlined below:
Section 22-6-9(A)
A. Residential Facility for Disabled Persons.
Upon application to the Department of Development Services, the Director of Development Services or his designee shall grant a permit for the establishment of a residential facility for disabled persons (SLU Code 1261) in a residential or Highway Services zone if the applicant meets the following requirements:
Section 22-6-9(C)
C. Residential Facilities for Elderly Persons:
Upon application to the Department of Development Services, the Director of Development Services shall grant a permit for the establishment of a Residential Facility for Elderly Persons (SLU Code 1285) in a residential zone or a C2, C3 or Highway Services zone if the applicant meets the following requirements:
Section 22-6-9(D)
D. Sober Living Homes.
Upon application to the Department of Administrative Services and compliance with all of the regulations contained herein, the Director of Administrative Services or his designee shall grant a permit for the establishment of a sober living home (SLU Code 1263) in a residential or Highway Services zone. The issuance of a business license to operate a sober living home shall constitute the required permit under this section. A sober living home shall comply with all of the following requirements:
Section 22-6-9(E)
E. Youth Transitional Home.
Upon application to the Department of Development Services, the Director of Development Services or his designee shall grant a permit for the establishment of a youth transitional home (SLU Code 1262) in a residential or Highway Services zone if the applicant meets the following requirements:
6:00 P.M. PUBLIC HEARING
13. ORDINANCE - Amending Section 22-6-10(C) and Appendix A of the Orem City Code to Allow Beekeeping as a Permitted Use in Residential and Industrial Zones
REQUEST: The Utah County Beekeepers Association requests the City Council amend Section 22-6-10(C) and Appendix A of the Orem City Code to allow the keeping of bees (apiaries) in residential and industrial zones.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The Orem City Code does not currently permit the keeping of bees on a residential lot unless they are an accessory use to an agricultural enterprise such as an orchard. It was allowed at one time; however, it was removed several years ago. The Utah County Bee Inspector has opined that there are several hundred beehives currently on residential lots in the City of Orem. There are a group of residents who would like to have beehives on their residential lots and have submitted this application through the Utah County Beekeepers Association.
On September 20, 2011, the Utah County Beekeepers Association gave an educational presentation to the City Council in a work session and went over many aspects of keeping beehives.
Positives:
• There are already many beehives on residential lots in the city with few complaints
• This ordinance would legalize what is already taking place.
• Maintaining beehives is a growing hobby
• Beehives provide honey for owners
• Backyard gardens and fruit trees need bees to produce
Negatives:
• Large populations of bees can have a negative effect on neighboring properties, especially to those who are allergic to bees
• Enforcement of ordinance can be difficult
City staff has drafted and proposed an alternative ordinance that also permits the keeping of bees within the City limit, but unlike UCBA’s proposed ordinance regulates the keeping of bees beyond what is currently permitted under Utah state law. The City’s alternative ordinance does the following:
• Limits the species of bee that can be kept within the City limits to Apis mellifera the common honeybee and specifically excludes the keeping of the Africanized Honeybee
• Limits the number of hives on residential lots to 2 on lots larger than 5,000 square feet and 4 on lots larger than 1 acre
• Requires compliance with all State laws
• Requires the implementation of certain safety measures if an apiary or hive is located within 25 feet of an adjacent property line or public access point
• Requires a beekeeper to maintain a convenient source of water during the beekeeping season
• Requires proper handling of beekeeping equipment
Makes the violation of any part of the City’s alternative ordinance a class B misdemeanor
14. ORDINANCE - Amending Section 8-1-13 of the Orem City Code to Require the Owner or Purchaser of a Burial Plot to Remove and Reset Grave Markers
RECOMMENDATION: The Public Works Director recommends the City Council, by ordinance, amend Section 8-1-13 of the Orem City Code to require the owner or purchaser of a burial plot to be responsible to remove and reset grave markers.
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: The Public Works Department operates and maintains the Orem City Cemetery. Among the responsibilities at the cemetery, staff manages the opening and closing of burial plots. Associated with that process is the removing and resetting of grave markers. Historically, staff has removed theses markers and stored them onsite while the gravesite is being opened. Upon notification from staff, the monument company would then retrieve the marker, make the necessary changes, and then reset the marker after the gravesite had been prepared by staff.
Each time a grave marker is moved, there is a potential for damage to occur. Unfortunately, grave markers have been damaged in the past during this process. As a result, staff feels it would be prudent to define more clearly the roles and responsibilities of the parties involved in this process. Specifically, the Public Works Director recommends the owner or purchaser of a burial plot be responsible to remove and reset grave markers when the burial plot is opened. In effect, the owner or purchaser would arrange for a monument company to remove and reset the marker after the company made the changes to the marker. Any damages or liabilities associated with this process would no longer reside with the City.
COMMUNICATION ITEMS
15. PERSONAL APPEARANCE RESPONSE – Bill Fairbanks, David Spencer, Dick Brunst, Randy Park, and James McWhorter – Center for Story
CITY MANAGER INFORMATION ITEMS
16. 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.