City Council · 2015-01-13

CITYOFOREM
CITYCOUNCILMEETING
56NorthStateStreetOrem,Utah
January 13, 2015
3:00P.M.WORKSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING MayorRichardF.Brunst,Jr.
ELECTEDOFFICIALS Councilmembers Hans Andersen,Margaret Black,Tom
Macdonald,MarkE.Seastrand,DavidSpencer,andBrent
Sumner
APPOINTEDSTAFF
Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Richard
Manning,Administrative Services Director;Bill Bell,
Development Services Director;Karl Hirst,Recreation
Director;Chris Tschirki,Public WorksDirector;Scott
Gurney,Fire Department Director;Charlene Crozier,
Library Director;JasonBench,Planning Division Manager;
Ryan Clark, Economic Development Division Manager;
Brandon Stocksdale, Long Range Planner; Steve Earl,
Deputy City Attorney; Jason Bench, Planning Division
Manager;Neal Winterton,WaterDivisionManager;Steven
Downs,Assistant to theCityManager;andJackieLambert,
Deputy City Recorder
UPDATE
MayorBrunst took some time to update the City Council and Staff onBus Rapid Transit (BRT),
UTOPIA,Midtown360,andtheUniversityPlacedevelopment.
UPDATE-MasterPlans
Mr.Tschirki introduced Mike Collins andKeith Larsen withBowen Collins&Associates,and
CarolWalkerfrom thePublicWorksAdvisoryCommission(PWAC).Mr.Collinspresentedon
sewer,water,andstorm drainagecapitalfacilityplans.
Mr. Collins said the number one economic development program a city needed was water and
sewer services.Bowen Collins&Associates hadworkedwith thePWAC since theearly part of
2014 to developlong-term plans for capital facilities for water, sewer, and storm drain utilities.
Mr.Larsen presented a slideshow which covered the following:
Water
Annual Water UseProjectionsWith andWithout Conservation
PeakDayDemandWithoutConservation
Two additional sourcesforwater supply
·Newwells
Additional capacity at theUtahValleyWater Purification plant
City Council Minutes-January13,2015(p.1)

OBuild-out Water System Pipe Improvements
A number of projects would be needed through build-out to move water
through the city
Only one project estimated to be built in the next ten years
Substantial demands in southwest area
oProposed Reuse System and Capital Cost Estimates
Water Reclamation Facility improvements
12 inch pipe to Lakeside Sports Complex
WRFBoosterStation
Sleepy Ridge Golf Course Booster Station
Existing System Available Fire Flow
 Improvement projects to meet fire flow standards
1
 Existing Storage Deficiency
Currently 10 million gallons short; future projected 22 million gallons
short
Water treatment plant had excess of 30 million gallons of storage
· Orem had been primary user of water from plant
·Access to storage water would decrease, sooner rather than later
 Build-out for Storage Deficiency
"Required storage improvement costs
· 10 million gallons added by 2018
· 12 million gallons added by 2030
·All water CIPs in next 10 years
Major conveyance
Fire flow deficiencies
Storage
Wells
WRF reuse projects
Southwest annex conveyance
Automated meter infrastructure
Miscellaneous maintenance projects
Other system replacement
Water System Valuation and Replacement
O
System valued at $300,000,000
Recommended system investment = 2.0 percent of replacement costs
Capital program needed for replacement = $6,000,000
Sewer
Future System Proposed Improvements
Table of Collection System Capacity Improvements
o
Maintenance Related Projects
■ Routine maintenance related improvements
Hydrogen Sulfide (H2S) related and other maintenance improvements
Treatment Plant Projects
Replace screen washer, headworks, grit washer
Third press in solids handling
■
■ Struviteelimination
Concrete/membrane existing lagoons
City Council Minutes -January 13,2015(p.2)

•
Replace back-up generator
•
Upgrade/expansion of aeration/grit basin on the headworks facility
•
Sludge disposal options - solar, central county treatment disposal site
•
Co-generation technology
•
Replace existing presses
o
Sewer System Valuation and Replacement
•
Collection system value
•
Complete replacement/rehabilitation composite = $23 5 million
•
Recommended system investment = 1.5 percent of replacement
cost
•
Recommended annual budget - $3.6 million
•
Treatment plant value
•
Plant replacement value = $81 million
•
Recommended system investment = 2.0 percent (50 year design
life)
•
Recommended annual budget = $1.6 million
•
Capital program needed for replacement = $5,200,000 per year
•
Storm Drain
o
Sumps
•
Used to inject stonnwater into groundwater
•
Reduces the need for large trunklines to convey runoff to rivers
•
Use potentially limited by soil conditions
•
Potential to introduce contaminants into groundwater aquifer
o
Construction Cost Estimate Summary
o
Stonn Drainage System Valuation and Replacement
•
System replacement value = $80 million
■
Recommended system investment = 2.0 percent (50 year life design)
•
Recommended annual budget = $1.6 million
Mr. Macdonald asked if the statistics shown provided for the contract with Vineyard. Mr. Larsen 
said they did, and Mr. Tschirki added that the contract with Vineyard was for fifty years. 
Mrs. Black said contracting with Vineyard was beneficial for Orem, because they paid a 
premium for water and sewer services. 
Mayor Brunst asked if Orem had the supply to utilize additional capacity from the water 
treatment plant. 
Mr. Larsen said Orem had the supply, but being able to treat water at the peak rate was the 
important thing. There had been discussions with Central Utah Water Conservancy District 
relating to capacity expansion. 
Mayor Brunst said it was his understanding there were connections in the southwest area where 
the water treatment plant was. Mr. Tschirki said the water right was retained about ten years ago, 
but the pipe currently in place at the water treatment plant did not extend as far as needed. Once 
the pipe was built out as suggested, it would take peak demand off Orem's culinary water system 
for irrigation. 
City Council Minutes-January 13, 2015 (p.3) 



Mr. Larsen said the biggest part of the costs would be upgrades at the treatment plant. Treatment
plant improvements would cost about $1.2 million. Some additional costs to boost the system,
like stations and piping, would bring total costs to $2.2 million. He added that other projects
could not be completed on the timeline if the initial project was not completed.
Mayor Brunst asked how many tanks were at the water treatment plant, and if there would be
room for additional ones. Mr. Tschirki said there were many tanks of various sizes, including
underground tanks. There was limited space to add tanks at the treatment plant, but there were
possible locations in a more central area of the city to more easily service other areas.
Mr. Larsen said a site study would need to be conducted to find the most optimal place for the
additional water storage. The study would look at geotechnical and seismic activity, property
availability,etc.
Mr. Larsen said the bottom line total for capital improvements for the next ten years was
$59 million, not including costs associated with the water treatment plant. The suggestion was to
increase funds from where they stood currently to where they could reasonably sustain
infrastructure investment by 2019.
Mr. Tschirki added that, in the past, around half of the money available for capital improvements
had gone to vehicle replacement. There were both capital investment and capital improvement
projects that, while different, still competed for the same dollars.
Mayor Brunst asked how much the most recent improvements to the treatment plant had cost.
Mr. Larsen said the latest expansion had been around $40 million. He said in the past the federal
government had paid for some treatment costs, which had kept rates low, but the federal funds
were diminishing. Mr. Larsen said the main concern with Orem's sewer system was the age and
condition of the system. Root intrusion, areas with cracked or broken pipes with infiltration
issues, and areas of Hydrogen Sulfide (H2S) concentration required maintenance. The bottom
line on sewer improvement was $48 million.
Mr. Tschirki said that about two years ago two major sewer lines in Orem failed where there was
an H2S problem and the top of the pipe was corroded and gone. There was an active program
used through the camera system that identified areas with aggregate in the concrete piping in
danger of collapse. Mr. Larsen added that investing in maintenance of the existing infrastructure
would extend the life of the system substantially.
Mayor Brunst asked about the condition of the backup generator for the sewer system.
Neal Winterton, Water Division Manager, said the backup generator was currently in working
condition but would need to be replaced by 2021. He noted that a car had recently hit the main
power to the plant, and everything went as smoothly as it could. Staff responded and the backup
generator kicked on and operated as expected. The electrical access added five years ago allowed
an electrician to go in and fix things, which was convenient.
City Council Minutes - January 13, 2015 (p.4)

was extended and variable, because things like turbulence from gases running downhill would
add to wear. Plastic pipes would usually last about ten years after they were built, but concrete
materials and risks for turbulence and high levels of HS2.
and said there were many variables that determined the life of a pipe.
Mr. Larsen said the goal was to eliminate the majority of storm drain sumps, which were
infiltration basins that collected storm water and allowed water to percolate into ground water.
Sumps could only be used in certain soil conditions, and there was increasing concern regarding
potential contaminates to groundwater.
Mr. Tschirki said it would be expensive to remove sumps and build-out infrastructure, but it
othersystemslikewaterandsewer.
Mr. Tschirki distributed previously requested information for the sewer base rate distribution
comparisons. Due to time constraints, the discussion on sewer base rates would be continued to a
later meeting.
not yet been formally introduced to Provo's City Council, the impression was that Provo would
move forward with the changes once Orem had made those changes.
Mr. Sumner expressed concern that businesses were not being made to pay a fair share under the
proposed changes.
Mr. Tschirki said the AWWA standard multiplier would balance the way businesses would be
charged to be equitable with residential, retail, etc.
Mr. Winterton explained the methodology used for charging businesses under the proposed
changes.
Mr. Davidson said it was important to give time for public input and education on the changes,
especially for apartment owners or anyone dealing with annual leases. The suggestion was for a
January 1, 2016, implementation to allow for adequate notice of changes.
UPDATE - Police Department
were over the three divisions within the department: Captain Ned Jackson and Captain Keldon
Brown.
Mayor Brunst asked about any changes in Orem's dispatch, as some dispatch centers in Utah
Countywerebeingconsolidated.
City Council Minutes - January 13, 2015 (p.5)

Chief Giles said Orem had its own dispatch center, as did the cities of Springville, Provo, and 
Pleasant Grove. Orem was working with those cities to consolidate between the four centers and 
maintain them in the best way possible. Orem was looking at different possibilities to consolidate 
equipment and house dispatch staff in two different locations to comply with State standards. 
Mr. Davidson added that Orem's dispatch was already consolidated, covering dispatch for 
Lindon, UVU, and Vineyard fire, and was used as a customer service tool to a greater degree 
than in other cities. 
Chief Giles said he enjoyed having the dispatch center in Orem as part of the community 
policing plan he had for the city. He had directed his dispatchers to identify themselves by name 
to allow people to reconnect with the same dispatcher if they needed to call back. Chief Giles 
said Orem had seventeen Volunteers In Police Service (VIPS), some of whom had been VIPS for 
around fourteen years. Mayor Brunst asked what the VIPS responsibilities were. Chief Giles said 
the VIPS were a valuable asset for the department who filled many roles and handled a variety of 
duties. Some advantages the VIPS gave to patrol officers was helping with traffic calls and 
directing traffic, parking issues, animal control calls, Neighborhood Preservation Unit calls, and 
calls for keys locked in cars. This allowed officers to respond to more patrol calls but still allow 
the police to provide those services. Chief Giles said the VIPS dedication and contribution 
allowed the police force to function well even though the officer to resident ratio was below the 
state average. Chief Giles said the police department received a grant to update the police 
badges, and an Orem officer designed the new badges. The badge included symbols of Orem' s 
law enforcement roots as a marshal's office and "the thin blue line", which stood for protecting 
good from evil and had become an icon for fallen officers. 
Chief Giles said officers were encouraged to proactively look for problems in the community, 
and resolve them before they escalate. Officers were also expected to respect themselves, fellow 
officers, and all residents - including those they needed to take action against. The goal was to 
make Orem the safest community to live, work, and play. 
Chief Giles said there was concern over recent national events involving police officers, and 
what Orem could do to avoid similar problems. One difference Chief Giles saw was that Orem' s 
community was much more tight-knit than those communities. Orem followed a policy regarding 
racial or bias based profiling. The policy stated: 
"It shall therefore be the policy and practice of the Department to provide law 
enforcement services and to enforce the law equally and fairly without discrimination 
toward any individual(s) or group because of race, ethnicity or nationality, religion, 
gender, sexual orientation or disability." 
Chief Giles said officers served everyone equally. Officer profiled only behaviors, not persons. 
Orem had use of force policies in place, so if an officer used physical force and/or used a baton, 
Taser, or pepper spray, an investigation would automatically be opened. A report would be 
written by the officer and turned in to their sergeant. From there it would move up the chain of 
command to the lieutenant, and then to the watch commander was tasked with an internal affairs 
investigation to ensure the use of force was within the bounds of the policy. The findings of the 
investigation would go to the captain, and finally would be given to Chief Giles for decision. 
City Council Minutes -January 13, 2015 {p.6) 



Mr. Macdonald asked about standard procedure for officer involved shootings.
Chief Giles said they used the following to try to prevent those problems before they arise:
·Policies
Workcloselywithcommunity
·
Bilingual officers (languages spoken - Spanish, Korean, Portuguese, German, and
French)
Diversity training
Track not only use of force but show of force (de-escalation skills)
Less lethal tools (bean bag gun, Taser, baton, pepper spray)
· Crisis Intervention Team (CIT) training
Chief Giles said CIT training was a weeklong training with yearly recertification. The training
focused on de-escalation techniques and ways to handle individuals dealing with mental health
  s           s  s
and trainings with Orem on CIT. 85 percent of Orem officers were CIT certified. He intended to
equip all his officers with CIT training in hopes of decreasing the likelihood of officer involved
shootings.
Chief Giles said Orem had officers assigned to the Utah County Officer Involved Shooting
Protocol Team, headed by the Utah County Attorney's Office. If an Orem officer was the one
involved in the shooting, Orem officers would not participate in the protocol team. Orem would
also have its own internal investigation in those situations.
Mrs. Black asked about body cameras for officers.
Chief Giles said they were currently reviewing the idea of body cams, to see how effective they
were, and looking into different companies that offered those services. Other local agencies were
jumping at cheaper cameras with no backend software to maintain the recorded footage, but
Orem was looking at the long run to facilitate storage for data and make sure the retention of that
data met standards. Mr. Davidson added that every decision made by officers should not be
legislated but should be made according to jurisdiction.
Chief Giles said he welcomed input on the department's community initiatives, which were used
as preventative tools with the goal of uniting and protecting the community. The Neighborhood
Preservation Unit (NPU) was one such initiative that dealt primarily with quality of life issues
that were considered nuisances under Chapter 11 of the City Code, including junky yards, illegal
accessory apartments, etc., but also drug and party houses. NPU officers were able to contact
landlords and hold them responsible for their properties and their tenants, in an effort to have
safer and cleaner neighborhoods. Also under NPU was a Special Enforcement Team (SET) that
handled neighborhood narcotics and drug houses specifically.
Chief Giles said he wanted his officers to be more involved in neighborhoods, and with that idea
officers were required to make two positive contacts per week that had nothing to do with law
enforcement. Officers had shoveled snow, handed out glow sticks for trick-or-treaters, helped
with cars that had pulled off the road, and many other services. He explained that officers had
accountability not only to him and their commanding officers, but also to the community.
City Council Minutes - January 13, 2015 (p.7)

Mr. Sumner asked about illegal accessory apartments and the police department policy for
dealing with them.
requirements for the apartments to come into compliance. Landlords would work with NPU
officers to either bring the apartment into compliance or give renters time to vacate and help
them locate different housing. Chief Giles said if an illegal apartment was found before any
complaints were reported, compliance was enforced, but often the way officers learned about
illegal accessory apartments was when concerned neighbors reported them.
Mrs. Black asked how officer teams could work with Neighborhoods in Action (NIA) but there
were only three NPU officers. Chief Giles said they would also utilize officers from the seven
patrol crews to work with specific neighborhoods and become contacts for NPU issues in those
areas.
DISCUSSION-AmplifiedSounds
Mr. Hirst reviewed the management of activities in the parks. He said activities were handled
through (1) policies, and (2) ordinances. Policies were used to manage gates, water faucets,
geocaches, etc. Ordinances were used to handle smoking and drinking in parks, park curfews,
rules for dogs and other animals in the parks, etc. Amplified sound issues were currently
managed under policy, but Mr. Hirst's recommendation was to move them to ordinance.
Theparks reservation agreement stated:
"It shall be unlawful for any person to conduct live bands, DJ's, dances, concerts,
movies, sound systems, microphones, speakers, amplified sound, etc. in or on any city
owned property without the approval of the Recreation Director."
Mr. Hirst said changing the sound issues from policy to ordinance would not change the way the
parks were managed but would solidify the policy and allow people to look up the requirements
in the City Code.
S             
generating events. In the code, it specified the following regarding commercial activity in city
parks:
"It shall be unlawful for any person to conduct any revenue-generating event in or on any
city-owned property without first having received permission from the Department of
Recreation."
Mr. Hirst said there were pros and cons to using city parks for commercial events. An event that
often came up was the Princess Festival, which had typically been held at Thanksgiving Point.
The Princess Festival was interested in holding the event at the Scera Park, but they would be
 d a s s ad   o   n  ss 
generate revenue.
Mr. Hirst said he believed the main reason businesses were interested in Orem parks was because
there was no competitive commercial rate in place for the rental of the park. The park rental rates
City Council Minutes - January 13, 2015 (p.8)

were set for use by families, not large business groups. Mr. Davidson added that parks were 
intended for public use, not as venues to stage private events. 
Mr. Hirst said if the City Council decided to open the ordinance to include provisions for 
businesses to use parks for revenue-generating events, the commercial rate for park rentals would 
need to be revised to reflect a competitive rate. 
Mr. Macdonald asked how renting the park to a group like the Princess Festival was different 
from renting the park for soccer or baseball groups. Mr. Hirst said those sport programs were 
city-sponsored. 
Mayor Brunst said opening the parks for private events could potentially be "opening a can of 
worms". 
Mr. Hirst said certain events could be held at a park like Timpanogos which could more easily be 
closed for private events, if the group was being charged a competitive rate for the park rental. 
However, opening that door could lose the effect of what city parks were for. 
Mr. Spencer asked why the City did not allow events that would be limited to Timpanogos Park 
and charge a competitive commercial rate. Mr. Hirst said having many commercial events would 
cause additional wear on the park, which would make upkeep more costly and could leave the 
park in poor condition for the Timpanogos Storytelling Festival. Mr. Spencer said a solution 
could be to only allow one event other than the Timpanogos Storytelling Festival. 
Mr. Hirst said the recommendation he would bring to the Council would have language to move 
sound issues into ordinance, as well as provide competitive rate change suggestions and language 
for narrowly opening park rentals for private groups. 
Mr. Sumner asked about how other cities managed park rentals. Mr. Hirst said few, if any, cities 
allowed park rentals for private events. He said some cities held farmer's markets, but those were 
specifically City sponsored. 
Mrs. Crozier said the City currently had the ability to tum down events that could be problematic 
for the neighborhood. Mr. Hirst said the window for park rental would be very narrow. 
Mrs. Black said the parks were for the community. Mayor Brunst agreed. 
5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM 
CONDUCTING 
ELECTED OFFICIALS 
APPOINTED STAFF 
Mayor Richard F. Brunst, Jr. 
Councilmembers Hans Andersen, Margaret Black, Tom 
Macdonald, Mark E. Seastrand, David Spencer, and Brent 
Sumner 
Jamie Davidson, City Manager; Brenn Bybee, Assistant 
City Manager; Greg Stephens, City Attorney; Richard 
City Council Minutes-January 13, 201S (p.9) 



Manning, Administrative Services Director; Bill Bell,
Development Services Director; Karl Hirst, Recreation
Director; Chris Tschirki, Public Works Director; Scott
Gurney, Fire Department Director; Charlene Crozier,
Library Director; Jason Bench, Planning Division Manager;
Ryan Clark, Economic Development Division Manager;
Brandon Stocksdale, Long Range Planner; Steve Earl,
Deputy City Attorney; Jason Bench, Planning Division
Manager; Neal Winterton, Water Division Manager; Sam
Kelly, City Engineer; Steven Downs, Assistant to the City
Manager; and Jackie Lambert, Deputy City Recorder
PreviewUpcomingAgendaItems
Staff presented a preview of upcoming agenda items.
AgendaReview
The City Council and staff reviewed the items on the agenda.
City Council NewBusiness
Mayor Brunst asked Mr. Seastrand for a brief update from the Utah Lake Commission. Mr.
Seastrand said the Utah Lake Commission involved most of the cities in the area. The main
objective was to improve the quality of the lake and make it more accessible. Two key projects
of the commission were (1) Carp removal, which allowed the lake to naturally regenerate, and
promoted June sucker breeding, and (2) Phragmites removal to have some shoreline. Many cities
were involved and invested in seeing Utah Lake improve. There was little or no funding from the
state, and the local cities were bearing the burden of funding a state resource.
Mayor Brunst and Mrs. Black gave a brief update from the IHC Community Outreach
Committee. Mayor Brunst said IHC was looking at having a community garden area and
farmer's markets. Mr. Spencer asked if the garden would impact playing fields there. Mrs. Black
said it would not. The garden was planned to be behind the one house on the IHC grounds, and
was scheduled to be open mid-May through October 2015. Volunteers would be used to plant
and weed and maintain the garden, including elementary school children from Suncrest. IHC
would be responsible for maintaining the garden and providing the volunteers.
Mayor Brunst thanked the City Council for their participation in the various assignments they
had been given.
The Council adjourned at 5:49 p.m. to the City Council Chambers for the regular meeting.
6:00P.M.REGULARSESSION
CONDUCTING Mayor Richard F. Brunst, Jr.
ELECTEDOFFICIALS Councilmembers Hans Andersen, Margaret Black, Tom
Macdonald, Mark E. Seastrand, David Spencer, and Brent
Sumner
City Council Minutes - January 13, 2015(p.10)

APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Richard
Manning, Administrative Services Director; Bill Bell,
Development Services Director; Karl Hirst,  Recreation
Director; Chris Tschirki, Public Works Director; Scott
Gurney, Fire Department Director; Charlene Crozier,
Library Director; Brandon Nelson, Finance Division
Manager; Jason Bench, Planning Division Manager; Steve
Earl, Deputy City Attorney; Ryan Clark, Economic
Development Division Manager; Steven Downs, Assistant
to the City Manager; and Jackie Lambert, Deputy City
Recorder
INVOCATION/
Jim Fawcett
INSPIRATIONALTHOUGHT
PLEDGEOFALLEGIANCE Brandon Hoffman
APPROVAL OF MINUTES
Mr. Seastrand moved to approve the December 9, 2014, City Council Meeting minutes. Mr.
Macdonald seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard
Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed
unanimously.
MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mrs. Black moved to appoint Phebe Hawkes to the Beautification Advisory Commission. Mr.
Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard
Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, and Brent Sumner. The motion
passed unanimously.
Mr. Seastrand moved to reappoint Colleen Ferguson and Jay Buckley to the Historic
Preservation Advisory Commission. Mrs. Black seconded the motion. Those voting aye: Hans
Andersen, Margaret Black, Richard Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer,
and Brent Sumner. The motion passed unanimously.
Recognition of New Neighborhoods in Action Officers
Mr. Macdonald moved to appoint Bruce and Bonnie Knowlton as Suncrest neighborhood chairs.
Mrs. Black seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard
Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, and Brent Sumner. The motion
passed unanimously.
City Council Minutes - January 13, 2015 (p.11)

CITYMANAGER'SAPPOINTMENTS
Appointments to Boards and Commissions
There were no City Manager appointments.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on
the agenda. Those wishing to speak should have signed in prior to the meeting, and comments
were limited to three minutes or less.
There were no personal appearances.
CONSENTITEMS
There were no Consent Items.
CITYMANAGERINFORMATIONITEMS
January 28, 2015 - Local Officials Day at the Utah State Legislature
January 26,2015-UtahLegislativeSession opens
Items ofinterest scheduled in thelegislative session:
O
I Law enforcement issues (body cameras for officers, use of force, etc.)
Transportation (gas tax, indexing, vehicle miles traveled, sales tax,
registration fees, etc.)
Water issues
Good landlord policies
Tax issues (corporate tax, sales tax allocation, etc.)
Development and land use bills
Approximately 300-400 bills pass each legislative session. The forecast for 2015
was in excess of 1,000 bills would be filed.
Parking concerns had grown at Lakeside Park, so the City was acquiring additional
            
forward, and money would be placed in escrow. With the land being technically in
Vineyard, the Mayor of Vineyard was made aware of the agreement.
City Council Retreat - Last year a day was set aside for a retreat, and Mr. Davidson
suggested the Council schedule a retreat for 2015.
SCHEDULEDITEMS
6:20 P.M. PUBLIC HEARING - Outdoor Advertising
ORDINANCE - Amending Sections 22-14-29 and 14-3-3 of the City of Orem pertaining to
electronicmessage sign requirements
ORDINANCE - Amending Sections 14-3-3 and 14-3-4 of the Orem City Code pertaining to
outdoor advertisingrequirements(billboards)
City Council Minutes -January 13,2015 (p.12)

Mr. Bench reviewed with the Council the Planning Commission's recommendation that the City
Council:
 By ordinance, amend Section 22-14-29 and 14-3-3 of the Orem City Code pertaining to
electronic message sign requirements
By ordinance, amend Sections 14-3-3 and 14-3-4 of the City Code pertaining to outdoor
advertisingrequirements
This item was considered by the Council on November 11, 2014. A motion to approve the
ordinance amendments failed by a vote of 3-2. A City Council member who voted for the motion
requested the item be reconsidered on December 9, 2014 in order to have the full City Council
consider the requested amendments. The item was continued to January 13, 2015.
The application proposed amendments to three sections of the City Code pertaining to billboards.
Mr. Bench said the current ordinance allowed electronic message center (EMC) signs on any
billboard. The location of an EMC (LED) sign was an issue with the YESCO billboard at
2000 South Sandhill Road with the proximity of homes to that sign. There were other billboards
in the City that were also close to residences on the east side of I-15.
electronic signs may have on nearby residences, staff proposed to amend Section 22-14-29 to
prohibit electronic message center (LED) signs on the east side of I-15 and within 500 feet of
Staff also recently became aware of a problem that could arise due to the application of Utah
Code Section 10-9a-513. That section allowed a billboard owner to relocate a billboard into any
commercial, industrial or manufacturing zone within 5,280 feet of its previous location.
Staff was concerned that billboard companies might use the above-cited section to get around the
City's prohibition of new billboards on the east side of I-15. Billboard companies with a
billboard on the west side of I-15 (where new billboards are allowed) might apply to relocate
their billboard to the east side of I-15 (where new billboards are not allowed but where Section
10-9a-513 would allow them to be relocated) and then turn around and apply for a new billboard
on the very same site where the original billboard was located.
If this were to occur, it would effectively circumvent the City's ban on east side I-15 billboards.
Staff therefore proposed to amend Chapter 14 to prohibit all new billboards in the City. It might
not stop the relocation of billboards to the east side of I-15, but it would prevent the relocated
billboards from being replaced since an owner who relocates a biliboard would not be able to
construct a new billboard at the original site of the relocated billboard. There were nine potential
billboard locations on the east side of I-15 where relocations could occur.
Representatives of Reagan Outdoor Advertising and YESCO were not in favor of the proposed
changes and had offered alternative language that had been provided to the Council. The
Planning Commission did not wish to adopt the proposal of the billboard companies, but
encouraged staff to consider some of their proposed language in future amendments.
City Council Minutes - January 13,2015 (p.13)

Mayor Brunst asked how many billboards were located on the west side versus the east side of
I-15. Mr. Bench said approximately twenty-six signs were on the west side, with nine or ten
signs on the east side. Mayor Brunst said Orem had quite a few billboards, and he favored
limitingthenumber.
Mr. Seastrand asked if any existing electronic message signs were further than 500 feet from
I-15. Mr. Bench said there were a few along Geneva Road. He asked if those by Geneva Road
would be allowed to convert to electronic message signs. Mr. Bench said they could.
Mayor Brunst opened the public hearing.
Nate Seacrest, on behalf of Reagan Outdoor Advertising, said they opposed the ordinance
amendments. Mr. Seacrest said Reagan was concerned that this same City Council passed a
adjusted their business accordingly for that change and would again need to adjust if the
amendments were approved. Reagan felt Orem policy was changing in a way that was difficult to
follow. Mr. Seacrest said he also thought the ordinance was brought back before the Council
rather quickly without going through the Planning Commission process again.
Mike Elm, on behalf of YESCO Outdoor Advertising, said he opposed the ordinance for the
same reasons Mr. Seacrest stated. Mr. Elm said he was also concerned that staff had not
contacted or met with YESCO or Reagan since the amendments were brought before the Council
in November, and he would like to see that happen before a decision was made.
Mike Whimpey, resident in close proximity to I-15, said the LED billboards were distracting and
had a big impact on the quality of life in the neighborhood. A new LED billboard had been
installed January 13, 2015, so the neighborhood was now surrounded on both sides with LED
signs. Mr. Whimpey said at the time the ordinance was changed a year and half ago, the
neighborhood was approached by the Williams Farm property, and were assured that the
ordinance change was being considered citywide. Mr. Whimpey provided Council assurances
from a September 2013 City Council meeting to neighbors that the change would be limited in
scope. Mr. Whimpey commended Mr. Bench and staff for trying to correct unanticipated
consequences of the State law's loophole and requested the Council approve the amendments.
Mark Bowden, resident, said living with a billboard outside his window was detrimental to his
quality of life. The bright lights made it difficult to sleep, especially in the winter when there was
no buffer of leaves on trees to block any of the light. Neighborhoods did not want these
billboards and if the issue was considered and taken care of tonight it would not be a problem for
anymoreOremresidents.
Mayor Brunst closed the public hearing.
Mr. Macdonald asked about the second biliboard Mr. Whimpey had referred to. Mr. Bench said
the LED sign at that location was allowed to be raised because a wall had been installed. Mr.
Macdonald asked what kind of property the sign was on. Mr. Bench said it was a commercial
zone, and he believed the application had gone through before the amendments were presented.
City Council Minutes -January 13,2015(p.14)

Mayor Brunst said the ordinance amendments had been considered at about three City Council
meetings. The issue had also come before the staff and the Planning Commission. He said he felt
there had been sufficient time for discussion between staff and representatives of Reagan and
YESCO, and contact could have been initiated by either side.
Mr. Bench said the Planning Commission requested the City work with the sign companies to
discuss lumens and other things that would go into the ordinance. That discussion had not yet
takenplace.
Steve Earl, Deputy City Attorney, said the sign companies had met with staff and proposed some
additional language they wanted to see incorporated into the City's ordinance. They wanted to
see those changes made in lieu of the LED ban. The Planning Commission had the suggestions
of the sign companies, and upon staff's recommendation agreed that the items should be
considered separately and moved forward. Afterward, suggestions as to brightness, angling of
signs, etc. of existing LED signs where they are permitted could be considered.
Mrs. Black said the Council was trying to address a loophole which was created a year and half
ago that needed to be addressed. She said she was in favor of moving forward.
Mr. Macdonald said they tried to negotiate a deal between the neighbors and the sign companies
regarding having the LED lights off during certain hours and other compromises but were not
able toreach an agreement.
Mr. Seastrand moved, by ordinance, to amend Sections 22-14-29 and 14-3-3 of the Orem City
Code pertaining to electronic message sign requirements. Mrs. Black seconded. Those voting
aye: Margaret Black, Richard Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, and
Mr. Seastrand moved, by ordinance, to amend Sections 14-3-3 and 14-3-4 of the City Code
6:20 P.M. Public Hearing - Street Vacation
ORDINANCE-Vacating a portion of 1000East Streetlocatedbetween 670Northand
800North and aportion of 720NorthStreet between1000East and980East
Mr. Bench reviewed with the Council a request by Chad Stratton for the City to vacate a portion
                 
vacated was area that the City did not need for current or future street improvements and was
shown in Exhibit “A."
He said 1000 East Street was a local street which for most of its length had approximately 46-48
each side of the street. In the area between 670 North and 800 North, the City currently had
60 feet of street dedication which was granted with the recording of Knight Subdivision in 1921.
This was more right of way width than was needed to complete and maintain the same width of
City CouncilMinutes-January13,2015(p.15)

street improvements that the City had for the other portions of 10oo East. Most of the west side
of 1000 East in this area did not yet have curb, gutter and sidewalk and the excess right of way
area was located behind where the future curb, gutter and sidewalk would be installed.
Chad Stratton proposed to subdivide and develop the property along the west side of 10o0 East
between approximately 670 North and 800 North. In conjunction with this new development, he
would be completing the curb, gutter and sidewalk improvements along the west side of
1000 East between 670 North and 800 North. Mr. Stratton proposed to vacate that portion of the
800 East dedication area that would be located behind the new sidewalk to be installed on the
west side of 10oo East. The excess right of way area varied in width, but ranged between 10-
12 feet. The unimproved area was not needed for street improvements and so staff supported this
proposal.
Chad Stratton also requested that the City vacate a portion of 720 North located west of
1000 East as also shown in Exhibit “A." This portion of 720 North was dedicated to the City in
1978 as part of the John Stratton Subdivision, Plat “A." The original dedication gave the City a
50 foot wide right of way. He said 720 North Street was proposed to be a thirty-two-foot wide
sublocal street right-of-way consisting of twenty-eight feet of asphalt and two feet of curb and
gutter on each side. There would also be an eight foot planter strip and a five foot wide sidewalk
on each side of the street, but these improvements would be outside the street right of way in a
separate sidewalk easement. There was thus eighteen feet of excess right of way that Mr. Stratton
was asking the City Council to vacate.
If vacated by the City Council, title to the vacated areas of 1000 East Street and 720 North Street
would automatically vest in the adjoining property owners. State law provided that the City
Council may vacate a public street if it determined (1) there was good cause for the vacation; and
(2) the vacation would not be detrimental to the public interest.
Mr. Macdonald asked if 720 North would become a full street instead of a partial street. Mr
Bench said it would become a sublocal street, but would be a full street.
Mayor Brunst asked if the land could be used for anything other.than the water ditch and trees
that were there. Mr. Bench said it could only be used for residential use. He added that sidewalks
would eventually be installed all the way up to 800 North.
Mayor Brunst opened the public hearing.
Sean Reinhart, resident, said a few months ago the Transportation Master Plan was redone and
showed all the streets the City had marked that needed to go through. Mr. Reinhart said he had
no issue with the City vacating the proposed area, so long as procedure was followed. His
understanding was that to get something removed from the street plan, it had to be taken to the
Transportation Advisory Commission, then to the Planning Commission, and finally to the City
Council. Mr. Reinhart wanted to make certain that all procedures were being properly followed
to avoid people trying to remove their streets without correctly going through the process.
Mr. Earl clarified that the vacation would be just a small portion of excess right of way. The
streets would still go through; there was just more dedication than was actually needed to
City Council Minutes - January 13, 2015 (p.16)

construct the street. Mr. Bench added that the streets would go through and connect both to 800
East and 1000 East.
Mr. Reinhart thanked Mr. Earl for the clarification.
Mayor Brunst closed the public hearing.
Mr. Seastrand asked if the street would essentially be the same, but the sidewalk would narrow.
Mr. Bench said that portion was a local street where the sidewalk butted right up to the street and
curb, and a sublocal street would separate the sidewalk with the landscape strip. Mr. Bench said
the road itself would narrow slightly with the vacation.
Mr. Macdonald asked if this was R8. Mr. Bench said it was.
Mrs. Black moved, by ordinance, to vacate approximately 0.34 acres of a portion of 1000 East
Street located between 670 North and 800 North and a portion of 720 North Street between
1000 East and 980 East with the requirement that the vacated areas be incorporated into the
Cascade Estates final plat. Mr. Macdonald seconded. Those voting aye: Hans Andersen,
Margaret Black, Richard Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, and Brent
Sumner. The motion passed unanimously.
COMMUNICATIONITEMS
BUDGET REPORT-November 2014
Mr. Davidson noted the Budget Report was included in the packets distributed to the City
Council.
Mayor Brunst identified the assignments to councils, boards, and commissions of the Mayor and
the City Council for the upcoming year.
Hans Andersen Senior Citizen Advisory Commission; Orem Youth Council; Heritage
AdvisoryCommission
Margaret Black
SummerFest Committee; Utah League of Cities and Towns Legislative
Policy Committee; IHC Community Outreach Committee; Arts Council
Library  Advisory Commission; Transportation  Advisory Commission;
Tom Macdonald
Public Works Advisory Commission
Mark Seastrand Utah Lake Commission; UVU Community Relations
David Spencer
Recreation Advisory Commission; Planning Commission; UIA Board
Brent Sumner Historic Preservation Advisory Commission; Beautification Advisory
Commission
Richard Brunst
UTOPIA Board; Mountain Area Government Executive Council;
      g
Council of Governments; Utah League of Cities and Towns Legislative
Policy Committee; Utah Valley Chamber of Commerce Government
Review Committee; Joint Policy Advisory Committee for Transportation;
City Council Minutes - January 13, 2015 (p.17)

Mountainland  MPO  Finance  Committee;  Utah  Valley  Chamber of
Commerce Board of Directors
Mayor Brunst thanked the Council for the service they gave in those capacities.
ADJOURNMENT
Mr. Andersen moved to adjourn the meeting. Mr. Macdonald seconded the motion. Those
voting aye: Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald, Mark E.
Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
The meeting adjourned at 6:46 p.m.
Donna R. Weaver, City Recorder
Approved: February 10, 2015
City Council Minutes -January 13,2015 (p.18)