CITY OF OREM
CITY COUNCIL MEETING 
56 North State Street, Orem, Utah
October 23, 2012

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 – October 9, 2012


MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

4.	UPCOMING EVENTS
5.	UPCOMING AGENDA ITEMS
6.	APPOINTMENTS TO BOARDS AND COMMISSIONS
Beautification Advisory Commission - 2 appointments
Heritage Advisory Commission  - 1 appointment
		Summerfest Advisory Committee – 4 vacancies

7.	RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
8.	PRESENTATION – Skate Park Tobacco Free Signs – Sarah Simons 
9.	PRESENTATION – Parade Float Awards - Amy Tuttle, Miss Orem 
10.	PROCLAMATION – Extra Mile day – November 1, 2012 


CITY MANAGER’S APPOINTMENTS

11.	APPOINTMENTS TO BOARDS AND COMMISSIONS
The City Manager does not have any appointments.


	CONSENT ITEMS

12.	There are no consent items.


SCHEDULED ITEMS

	6:00 P.M. PUBLIC HEARING
13.	RESOLUTION – Amending the Orem General Plan by Changing the Land Use Designation from Low Density Residential to Community Commercial on Property Located Generally at 84 South 400 West
ORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located Generally at 84 South 400 West From the R8 Zone to the C1 Zone

REQUEST: The applicant requests the City Council change the Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC) and rezone property located generally at 84 South 400 West from the R8 (Residential) zone to C1 (Commercial) zone.

PRESENTER: Stanford Sainsbury

POTENTIALLY AFFECTED AREA:  Orem Park Neighborhood

BACKGROUND: Stonehenge of Orem owns the home located generally at 84 South 400 West and currently rents the home to an employee of Stonehenge.  If approved, the applicant will remove the existing home and construct a parking lot to support a proposed office building as outlined on the proposed concept plan.  

The applicant requests the City Council change the Orem General Plan from LDR to CC and rezone the property from R8 to the C1 zone.   

The property directly north of the subject property has a General Plan Designation of Community Commercial (zoned C1), and the property south  has a residential designation of Low Density Residential (zoned R8) 

Staff recommends the City Attorney’s Office prepare a development agreement that ensures the removal of all existing structures.   

As part of the General Plan process, City staff held a neighborhood meeting on September 12, 2012, with no major concerns expressed by those in attendance.            

Advantages:
•	  Allowing the redevelopment of a dilapidated parcel will improve the overall neighborhood; and
•	  Adding additional parking for the existing and future office building will mitigate potential parking issues related to the Stonehenge development.

Disadvantage:
•	  None determined


14.	RESOLUTION - Approving a Fence Modification to Maintain an Existing Chain Link With Slats Fence Instead of Installing a Masonry Wall Located Generally at 84 South 400 West

REQUEST: The applicant requests the City Council, by resolution, approve a fence modification to maintain an existing chain link fence of property located generally at 84 South 400 West.

PRESENTER: Stanford Sainsbury

POTENTIALLY AFFECTED AREA:  Orem Park Neighborhood

BACKGROUND: The applicant requests a fence modification to maintain the existing chain link fence with slats on the south property line between the LDS Church property and the property located at 84 South 400 West.  The City Council granted a fence modification on September 23, 2008, for the fence between Stonehenge of Orem and the LDS Church.  The applicant is requesting to match the previously approved modification of chain link with slats.   

Since the church property is zoned R8, a seven-foot masonry wall would be required by Orem City Code if a modification is not granted.  

Section 22-14-19(F) of the Orem City Code outlines the criteria for the City Council to grant a fence modification which states:

In all commercial, manufacturing or professional office zones, except the PC3 zone, the City Council may modify the height of the fence and/or approve a fence constructed of materials other than masonry if it makes the following findings:
	1.	The proposed fence provides an adequate buffer for the adjoining residential zone.
	2.	The appearance of the fence will not detract from uses in the residential zone.
	3.	The proposed fence will shield the residential use from noise, storage, traffic, or any other characteristic of commercial or professional office uses that are incompatible with residential uses.

The applicant considers the chain link fence with slats as an adequate buffer between the church property and the property at 84 South 400 West Street.   

After reviewing the proposed fence modification request staff has listed advantages and disadvantages concerning the proposed request.

	Advantages:
•	     The proposed chain link fence with slats provides an adequate buffer for the  adjacent residential zone since it is adjacent to the parking lot area of the church;
•	     The appearance of the chain link fence with slats will not detract from uses in the  residential zone in that the church is currently surrounded by the chain link fence  with slats;
 
Disadvantage:
•	     None determined


6:00 P.M. PUBLIC HEARING
15.	ORDINANCE - Amending Standard Land Use Code 0301 Fireworks Stands From a Not Permitted Use to a Permitted Use in the Highway Services Zone and Amending Section 22-14-18(B) of the Orem City Code Temporary Sites for Permitted Uses of the Orem City Code Pertaining to Temporary Sites in the PD-4 and PD-12 Zones	

REQUEST: The Development Services Department requests the City Council, by ordinance, amend SLU Code 0301 Fireworks Stands from a not permitted use to a permitted use in the Highway Services zone and amend Section 22-14-18(B) of the Orem City Code Temporary Sites for Permitted Uses pertaining to temporary sites in the PD-4 and PD-12 zones.  

PRESENTER: Stanford Sainsbury

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: Temporary site plans are currently permitted in the Highway Services (HS) zone.  In order to operate a temporary site plan, the use must be a permitted use in the zone.  However, Fireworks Stands SLU Code 0301 is not currently listed as a permitted use in the HS zone.  Therefore, staff requests the City Council allow fireworks stands as a permitted use in the HS zone.  

In addition, staff has had several requests to locate temporary sites in the PD-4 (SE corner of 800 North 800 East - Harmons) and PD-12 (SW corner of University Parkway and Main Street) zones.  Currently, the ordinance does not allow temporary sites within these zones.  Both zones are commercial and would benefit from the same advantages afforded to other commercial zones in the city.   
Advantages:
•	     Allowing the same temporary site plan opportunities as other commercial zones  in the city; and
•	     The proposed amendments would have minimal impact to the surrounding  businesses. 

Disadvantage:
•	     None determined

The proposed amendments are outlined below:

SLU		R5	R6	R6.5	R7.5	R8	R12	R20	OS5/ROS	PO	C1	C2	C3	HS	M1	M2	CM	BP
0301	Fireworks Stands	N	N	N	N	N	N	N	N	N	N	P	P	P	P	P	N	N


22-14-18. Temporary Sites for Permitted Uses.

B. Temporary sites shall be restricted to the C1, C2, C3, PD-4, PD-5, PD-12, PD-22, HS, M1, and M2 zones. The use on the temporary site must be a use that is a permitted use in the zone.


16.	ORDINANCE – Approving the Recreation Advisory Commission’s Recommendations for Use of CARE Tax Funds

RECOMMENDATION: The Director of Recreation recommends the City Council, by ordinance,  approve the CARE project recommendations approved and submitted by the Orem Recreation Advisory Commission.

PRESENTER: Karl Hirst

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: During each of the previous six CARE funding periods, the City Council has approved $500,000 in funding be set aside for future recreation facilities.   These funds currently totaling  $3 million are, by law, required to be expended for recreation facilities owned by the City and cannot be spent in any other manner.  The recommendation from the Recreation Advisory Commission was that this money be spent to acquire property to expand the current sports fields in Orem.  Over the last six years, a number of options have been looked at and a bid was made to purchase Williams Farm out of bankruptcy.  None of these efforts have been successful in securing additional property.  

With the current funding sequence coming to an end, and with construction timelines being in excess of a year, the Recreation Advisory Commission is recommending the current CARE funds be spent on the following projects:
•	$20,000 - construct a dog park in one of the current Orem City parks
•	$300,000 - improve the infields and backstops on the two west fields at     City Center Park and provide shade and protective structures over the spectator areas at all of the ball fields in Orem
•	$200,000 - to be expended toward one of the following three projects:  1) light the two east softball fields at the Orem Elementary fields;  2) light two soccer fields at Lakeside Sports Park, or;  3)  use the funds to partially pay to resolve the parking issues at Lakeside Sports Park
•	Approx. $3.3 million (remaining funds) - remodel the existing indoor pool and locker rooms at the Orem Fitness Center - The remodel could include a water slide, fountains, zero-entry child-play area, warm pool area for water aerobics and swim lessons, modern windows and natural light, stadium seating for swim meets, and updated locker room facilities.

The current $3 million in funding will obviously not cover the entire proposed project cost estimates.  The project cost estimates include future funds in 2013 (full year) and 2014 (nine months).  In order to start the remodel project at this time, money can be loaned from reserves in the Recreation and the General fund and repaid by future CARE funds.  

Advantages:	
•	   New or remodeled recreation facilities
Disadvantages:
•	   Reduced opportunities to purchase additional property to meet the growing need for sports fields in Orem


17.	RESOLUTION—Adopting the Strategic Plan for the Arts in Orem, Revised 2012

RECOMMENDATION: The Orem Arts Council requests the City Council, by resolution, adopt the Strategic Plan for the Arts in Orem, Revised 2012.  

PRESENTER: Louise Wallace

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: In December 2006, the City Council established the Orem Arts Council and charged it with conducting a periodic review of the City’s Cultural Arts Strategic Plan.  Consisting of thirteen members who represent diverse interests in the arts as well as the community at large, the Arts Council has spent the past year meeting with representatives of various arts organizations in Orem, and in studying, discussing, and revising the Strategic Plan.

The Strategic Plan for the Arts in Orem, Revised 2012 articulates a vision for the arts and it identifies goals and objectives for the City to advance the arts in Orem. 

The Arts Council presented their proposed draft of the Strategic Plan to the City Council in a work session on September 11, 2012.  They now recommend that the City Council adopt by resolution the Strategic Plan for the Arts in Orem, Revised 2012 as a document to guide the work of the City as it encourages and supports the growth and development of the arts in Orem.


18.	ORDINANCE - Amending the Orem Alcohol Ordinance to Allow Sunday Beer Sales

RECOMMENDATION: Various Orem merchants have requested that the City Council, by ordinance, amend the Orem alcohol ordinance to allow Sunday beer sales.

PRESENTER: Michael Larsen

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: The State of Utah has adopted extensive laws regulating the sale of alcoholic beverages in Utah.  Section 32B-1-204 of the Utah Code provides that State alcohol laws override local ordinances if the local ordinances are inconsistent with State law. One of the purposes of adopting these overriding (preemptive) laws is to provide uniformity in alcoholic beverage laws statewide.

Cities in Utah have historically been given some flexibility to regulate beer sales (as opposed to liquor sales) in their respective jurisdictions. The State of Utah has historically regulated most aspects of liquor sales statewide.  (In this case, liquor can be roughly defined as any alcoholic beverage that isn’t beer.)

In 2010, the State of Utah totally rewrote the Alcoholic Beverage Control Act.  The new Act sets hours of operation for on-premise beer retailers (with no restriction on Sunday sales), but continues to give cities fairly broad discretion to regulate off-premise beer retailers. Orem’s current alcohol ordinance prohibits Sunday beer sales for both on-premise beer retailers and off-premise beer retailers.

On-premise beer retailers sell beer to patrons for consumption on the beer retailer’s premises. Restaurants and taverns are examples of on-premise beer retailers. Off-premise beer retailers sell beer to patrons for consumption off the beer retailer’s premises. Grocery stores and convenience stores are examples of off-premise beer retailers.

Various Orem merchants have requested that Orem amend its alcohol ordinance to allow Sunday beer sales for both on-premise and off-premise beer retailers.  The proposed ordinance makes this change.


19.	RESOLUTION - Approving a 30 Miles Per Hour (mph) Speed Limit on Columbia Lane from State Street to 2000 South

RECOMMENDATION: The Transportation Advisory Commission recommends the City Council, by resolution, approve a 30 mph speed limit on Columbia Lane from State Street to 2000 South.

PRESENTER: Ed Gifford 

POTENTIALLY AFFECTED AREA: Cherryhill Neighborhood

BACKGROUND: Columbia Lane has been widened and improved in this area, and the speed limit should be changed to meet the new design standards.
		
The City Engineer, Transportation Engineer, and Traffic Operations Engineer have completed an analysis for this portion of Columbia Lane that considered the design speed of the widening and improvement project, prevailing vehicle speeds, accident history, traffic and roadside conditions, and other safety factors. They recommend a 30 mph speed limit.

The Transportation Advisory Commission reviewed the recommendation of the Engineers and unanimously support their recommendation for a 30 mph  speed limit on Columbia Lane.
	
It is recommended that the speed limit for Columbia Lane from State Street to 2000 South be changed to 30 mph.


PERSONAL APPEARANCES

20.	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.  If you are interested in receiving the response to the items, please leave your contact information with the City Recorder. (Please limit your comments to 3 minutes.)


COMMUNICATION ITEMS

21.	BUDGET REPORT – Month Ending September 2012


CITY MANAGER INFORMATION ITEMS

22.	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