CITY OF OREM
CITY COUNCIL MEETING 
56 North State Street, Orem, Utah
August 10, 2010

This meeting may be held electronically
 to allow a Councilmember to participate.

4:00 P.M.	WORK SESSION – MULTIPURPOSE ROOM

1.	PRESENTATION – Housing Authority of Utah County – Gene Carly – 30 Minutes

2.	REPORT – Colonial Days Event – Genelle Pugmire – 30 Minutes 

AGENDA REVIEW

3.	The City Council will review the items on the agenda. 


CITY COUNCIL - NEW BUSINESS

4.	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

5.	MINUTES of City Council Meeting – July 27, 2010


MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

6.	UPCOMING EVENTS
7.	UPCOMING AGENDA ITEMS
8.	APPOINTMENTS TO BOARDS AND COMMISSIONS
		Summerfest Advisory Committee – 2 vacancies
9.	RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
10.	AWARD – 2010 Census – City of Orem and Carol Hinckley – Sergio Martinez
11.	REPORT – Historic Preservation Advisory Commission


CITY MANAGER’S APPOINTMENTS

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.	ORDINANCE – Approving a Franchise Agreement with TCG Utah to Construct, Operate, and Maintain a Fiber Optic System in the City of Orem and Authorize the Mayor to Sign the Franchise Agreement

RECOMMENDATION: The City Manager recommends the City Council, by ordinance, grant TCG Utah a franchise to construct, operate, and maintain a fiber optic system in the City of Orem and authorize the Mayor to sign the proposed franchise agreement.  

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: Franchises grant utility companies the right to use City streets and easements for utility infrastructure.  In return, the utility companies agree to comply with City’s laws and policies and to repair any damage they cause to streets or landscaping.  

The proposed franchise ordinance:
•	Grants TCG Utah the right to construct, operate, and maintain a fiber optic system in Orem;        
•		Requires TCG Utah to comply with City ordinances and policies;
•	Acknowledges TCG Utah’s obligation to continue paying the municipal energy sales and use tax (sometimes referred to as “franchise tax” of six percent of sales); and 
•	Requires TCG Utah to indemnify the City for losses and damages related to TCG Utah activities in the city.

The proposed franchise agreement contractually obligates TCG Utah to comply with the franchise ordinance.

Teleport Communications started in 1985 as a way for financial districts in the New York/ New Jersey area to utilize microwave connections to stay connected with one another.  Due to the congestion of New York airwaves, Teleport Communications decided to utilize fiber optics.  This project then morphed into a project that would compete with New York Telephone Company for local telecom services.  The company was then named Teleport Communications Group (TCG).

TCG then applied their system in other major cities around the U.S. until the company was sold to the cable TV industry.   Cox, TCI, Comcast, and Continental Cablevision were the main buyers that utilized the fiber optic systems developed by TCG to deploy cable TV service to many cities throughout the U.S.  They eventually upgraded the fiber optic network to compete with traditional local telephone companies.

It is because of the success of companies such as TCG that the Telecommunication Act of 1996 was passed.  This allowed new smaller fiber optic companies the ability to interconnect with incumbent telephone companies.

TCG has since merged with AT & T, and the sole purpose for the fiber optic install in Orem is to support data transmission from cell towers.  The proposed project will be a redundant “ring” that will allow TCG to utilize their own fiber optic network instead of leasing the fiber optic from Comcast.  


SCHEDULED ITEMS

	6:00 P.M. PUBLIC HEARING 
15.	ORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, for 2.58 Acres Located Generally at 1100 North 800 East from R8 to Planned Residential Development

RECOMMENDATION: Keven Stratton requests the City amend Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by rezoning property located  generally at 1100 North 800 East from the R8 zone to the Planned Residential Development zone.

POTENTIALLY AFFECTED AREA:  Orchard North Neighborhood

BACKGROUND: The applicant is the owner of two lots that are the remains of an orchard with one lot containing a house.  The current zone is R8, which requires single-family development.  However, the applicant wishes to develop the property with the Planned Residential Development (PRD) zone to construct twin-homes.

The property located across from this request was developed by Rick Chatwin as a PRD zone.  The applicant is working with Mr. Chatwin to build the same units in Meredith Manor.  By doing so, it will appear that the two PRD developments are one project.  The maintained landscaping on both sides of 800 East will also enhance the beauty of the street. 

The subject property is surrounded by 800 East, a church, and an elementary school.  This isolates the property somewhat but makes it ideal as a PRD development.  This will also act as a good buffer between 800 East, a minor arterial, and the surrounding R8 zone. The PRD zone can be developed with a maximum of 7 units per acre.  The concept plan for Meredith Manor has a density of 5.7 units per acre. This is the same density as Chatwin Retreat located across 800 East. The proposed structures will be single story with a basement.

The Traffic Engineer has determined that the proposed PRD will not produce any more traffic than if the property were developed as a single-family subdivision.

Advantages
•	Good use for property related to the surrounding uses
•	Compliments the existing PRD across the street
•	PRD developments have been successful in Orem
•	Meets the demand for senior housing in the area

Disadvantages
•	Loss of new single-family home lots


16.	ORDINANCE – Enacting Provisions Regulating the City of Orem Justice Court

RECOMMENDATION: The City Attorney recommends the City Council, by ordinance, enact Article 27 of Chapter 2 of the Orem City Code, recognizing the establishment of the City of Orem Justice Court and providing regulations for the Court.

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: The City of Orem Justice Court has been established and is approved by the State for operations to begin on September 1st.  This proposed ordinance recognizes the Court and provides regulations regarding the Court’s operation and the judge.  Justice Courts are governed by State law, and the regulations dealing with them are found in Chapter 7 of Title 78A of the Utah State Code.  This ordinance references those regulations and describes the organizational status of the Court within Orem’s administration.  The judge will operate independently of municipal administration.  He is supervised by the State Justice Court Administrator and the Judicial Council.  The Court employees will be in the Department of Administrative Services, with the Court Administrator reporting directly to Richard Manning, Director of Administrative Services.  The judge, however, will set policies for the operation of the Court and will give direction to the various clerks of the Court regarding operations and the day to day handling of the Court’s business.  The judge will work closely with the Court Administrator in determining those policies. 


COMMUNICATION ITEMS

17.	BUDGET REPORT – Month Ending – June 2010



CITY MANAGER INFORMATION ITEMS

18.	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