Meeting
City Council · 2015-03-10
City Council meeting
Decisions
3
7 motions in all
Split votes
0
at least one no
Discussion
–
no recording
Residents spoke
–
introduced themselves
Agenda items and what happened
| Item | Outcome | Source |
|---|---|---|
| State Street Corridor Master Plan Update work session |
discussed only | p.1 |
| Follow Up - Utility Master Plan / Rate Increase Communication work session Direction: Staff (Mr. Tschirki) to prepare a draft brochure on proposed utility rate increases for Council review and feedback, and to post information online. |
direction to staff | p.4 |
| Discussion - University Place Participation Agreement work session |
discussed only | p.6 |
| Budget Discussion/Preview - Compensation work session |
discussed only | p.7 |
| Presentation - Miss Orem Float Design Options work session |
discussed only | p.12 |
| Appointments to CARE Advisory Commission regular session |
approved | p.13 |
| City Manager's Reappointment to Board of Building and Fire Code Appeals regular session |
approved | p.13 |
| Public Hearing/Ordinance - Culver Sign Zone (780 North 1200 West) regular session · Planning Commission recommended approval |
approved | p.14 |
| Resolution - Partial Release of Development Agreements (PD-21 Zone, 1200 South Geneva Road) regular session |
approved | p.15 |
| Communication Item - Slide the City Waterslide Event regular session |
discussed only | p.18 |
| Communication Item - City Council Retreat (April 17, 2015) regular session |
discussed only | p.18 |
| Communication Item - CenturyLink Presentation/Site Visit (Las Vegas) regular session |
discussed only | p.18 |
Items and outcomes were extracted from the agenda and minutes by Claude (Anthropic); each links to the minutes page. The minutes are authoritative.
| Motion | By | Result | |
|---|---|---|---|
| To approve the February 24, 2015, City Council meeting minutes. | Margaret Black 2nd David Spencer |
✓ Passed | p.13 |
| To approve the February 25, 2015, Joint City Council/Alpine School District meeting minutes. | Margaret Black 2nd David Spencer |
✓ Passed | p.13 |
| To appoint Tim Smith, Christine Alleman, and Blake Tierney to the CARE Advisory Commission. | Richard Brunst 2nd Hans Andersen |
✓ Passed | p.13 |
| To give the Council's advice and consent to the City Manager's reappointment of Sergio Okamura to the Board of Building and Fire Code Appeals. | Richard Brunst 2nd Mark Seastrand |
✓ Passed | p.13 |
| By resolution, to amend Section 14-3-3 of the Orem City Code (Freestanding Signs: (Pole & Monument) (7) Sign Zone Table) by creating a new Sign Zone “F," e d z Zone E to Sign Zone F. | Tom Macdonald | ✓ Passed | p.15 |
| By resolution, to authorize the City Manager to execute a partial release of two development agreements recorded against a portion of property in the PD 21 zone (1200 Black, Richard Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed unanimously. COMMUNICATIONITEMS Mr. Davidson said UVU and Slide the City had approached the City about having a large waterslide in conjunction with the first week of school activities. The slide would go down 800 South and impact homes and traffic in that specific area for one day. Only approximately 100 of these events would be scheduled this year throughout the USA, and this would be the only event in Utah County. Anyone looking to participate would purchase and armband for specific times to slide. | Richard Brunst | ✓ Passed | p.18 |
| To adjourn the meeting. Mr.Macdonald. | Hans Andersen 2nd Tom Macdonald |
✓ Passed | p.19 |
Text extracted from the minutes PDF (scanned pages via OCR). The PDF is the official record.
CITY OF OREM
CITY COUNCIL MEETING
56 North State Street Orem, Utah
March 10, 2015
3:00 P.M. JOINT CITY/RDA STUDY SESSION - PUBLIC SAFETY TRAINING ROOM
CONDUCTING
ELECTED OFFICIALS
APPOINTED STAFF
EXCUSED
UPDATE - State Street - IBI
Mayor Richard F. Brunst
Councilmembers Hans Andersen, Margaret Black, Tom
Macdonald, Mark E. Seastrand, and David Spencer
Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Chris
Tschirki, Public Works Director; Scott Gurney, Fire
Department Director; Gary Giles, Police Department
Director; Richard Manning, Administrative Services
Director; Bill Bell, Development Services Director;
Charlene Crozier, Library Director; Jason Bench, Planning
Division Manager; Steve Earl, Deputy City Attorney; Jason
Bench, Planning Division Manager; Neal Winterton, Water
Division Manager; Sam Kelly, Engineer; Ryan Clark,
Economic Development Division Manager; Steven Downs,
Assistant to the City Manager; and Jackie Lambert, Deputy
City Recorder
Brent Sumner
David Nicholas, IBI Group associate, and Jason Bench presented an update on the Orem State
Street Corridor Master Plan. Mr. Bell asked for the Council to provide feedback so any questions
and issues could be addressed sooner rather than later.
Master Plan Elements
•
Vision/Framework
o
Mobility
o
Land Use
o
Urban Design
o
Implementation
o
Vision Statement:
Create a dynamic and incremental framework to guide future growth
throughout the State Street Corridor resulting in economic development
initiatives, transportation solutions and enhanced community image and
identity. The State Street Corridor will promote a family-friendly culture while
becoming an attractive, urban lifestyle alternative for residents, businesses
and visitors.
o
Objectives
City Council Minutes - March I 0, 20 IS (p. l)
Create economic development initiatives
Create transportation solutions
Enhance community identity and image
Project Goals
■ Provide regional, local and multimodal transportation solutions
Lateral approach to a linear corridor connecting adjacent neighborhoods
east and west
Increase building frontage real estate through finer grain street and block
network leveraging opportunities with Orem Boulevard
Concentrate density nodes around potential transit system station areas
Create a complimentary network of character districts to establish sense of
place
Enhance urban open space system to encourage walkability, community
gathering,healthy living and active storefronts
Improve the aesthetic appearance of the corridor
Redefine development standards and policies to manage growth
Maintain bedroom community character while embracing critical and
strategically located mixed-use density
Public Outreach/Communications Plan
0Public meetings
Three open houses held
Two more open houses scheduled
MindMixer
D
Over twenty-one topics launched over five months
Topics included State Street traffic, safety, aesthetics, walkability,
business and commercial development and variety, land use, and future
transitopportunities
What do you want Orem to be known for? Top answers:
Family friendly and safe
Business friendly and progressive
Beautiful and attractive
Framework Plan -- Growth Nodes
oMobility
Signals/Boulevard/Street network
■ Multiway Boulevard
■ Future Transit
oLand Use
Nodes/Districts
The North Village (1600 North)
Uptown (800 North)
City Center (Center Street)
Arts District (800 South)
University Place
二 Existing Conditions
■ Overall Corridor Projection
Growth Nodes
二
City Council Minutes -March10,2015(p.2)
Mr. Macdonald asked about the breakdown of respondents on a given topic on MindMixer.
Mr. Nicholas said topics were launched and respondents had the opportunity to present ideas,
which other respondents could reply to. Mr. Nicholas said the majority of respondents said they
wanted to see more variety in the types and qualities of commercial and business developments,
as well as more parks and open space. He said that was a good indicator that residents enjoyed
e s s d sd
respondents in support of State Street acting as a transit corridor for either Bus Rapid Transit
(BRT) or Light Rail Transit (LRT) in the future. Even if public transit took fifteen years or more
to establish in the city, it was important to plan for appropriately. Mr. Nicholas said in deciding
what made the most sense for “downtown" Orem, the “downtown" area first needed to be
created and/or defined. They had identified three of the growth nodes (City Center, Arts District
and University Place) that would tie together to create Orem's “downtown". Five-year, ten-year,
and twenty-five-year incremental growth plans had been developed for the identified key growth
nodes. All data provided was hypothetical and subject to change. There were many ways
development and growth could go, and these plans were just tools for a vision to be shared with
private development and investment.
Mayor Brunst asked about other communities where malls had gone through a similar
development expansion.
Mr. Nicholas said suburban mall conversion was happening in many areas throughout the
country, from complete conversions like a mixed-use lifestyle center to hybrid conversion
keeping the mall's core and adding residential and business around it. Orem was looking at the
hybrid option, as were malls in Arizona and Southern California. He said in twenty-five years,
University Parkway could be an intermodal hub for transit.
Mr. Macdonald asked for direction on how the Council could best process the presented
information to provide valuable feedback and ask applicable questions.
Mr. Nicholas said thoughts, first impressions, feedback from constituents and staff, as well as
feedback from the public in general would all be helpful. Traffic models needed to be completed
for projections regarding mobility, so if the Council wanted to focus on land use, that would help
focus the conversation.
Mrs. Black clarified that nodes were the land use ideas the Council might focus on. She said thus
far she appreciated the focus and detail on the nodes in the city. She was not surprised that
beautification was a key element MindMixer respondents had specifically indicated what they
hoped tosee.
Mr. Davidson said there would be a site visit for the City Council to Salt Lake City and another
to Ogden. Many of the ideas presented here had been done or were proposed in those areas so the
Council could see first-hand examples of development.
Mr. Andersen asked about University Parkway and whether the proposed developments would
increase or decrease traffic there. He wondered about the vision for improving the intersection.
City Council Minutes - March 10, 2015 (p.3)
Mr. Nicholas said they were more looking at the peripheral areas on the intersection to create
better opportunities for development, but UDOT was focusing on the future of University
Parkway.
Mr. Davidson said there were meetings scheduled with UDOT on March 11, 2015, at 3:00 and
4:00 p.m., discussing the University Parkway intersection.
FOLLOW UP-UtilityMasterPlan
Mr. Tschirki presented information he said he hoped would answer questions asked at the study
session on February 24, 2015. He distributed information that showed per unit increases for
typical residential versus nonresidential units. Mr. Tschirki explained that the $9.38 amount was
the average increase over the next five years, but initially the amount would be closer to
$12.00 dollars with later years at an amount closer to $7.00. He said there would be an open
house about the proposed increases, with the possibility of more. Brochures would be sent to all
Mrs. Black asked if there was a way to have the first increase be a smaller amount, and more
evenly distributed through the years.
Mr. Tschirki said the proposed increase schedule was the recommended plan for CIP, but it
could be modified.Mr. Macdonald clarified if the reason the initial increase was higher was to
Mr. Andersen asked if the figures were monthly. Mr. Tschirki said they were monthly, under
scenario 2, following the recommended CIP.
Mayor Brunst asked for clarification on identified projects for water, sewer, and storm water,
which Mr. Tschirki provided. He explained that the amounts on the projects were in today's
dollars. Because they could not predict future inflation, those numbers were subject to change.
There were areas of immediate need scattered throughout the city, like areas with 2-inch and
4-inch pipes when the current standard was nothing less than 8-inch pipes. Another immediate
need would be a ten-million-gallon storage facility
Mayor Brunst asked where that facility might go and how it would be constructed.
Mr. Tschirki said a study would need to be done to determine those things, but the location
would likely be in the middle of the city to accommodate needs on the west side. Mr. Tschirki
said tertiary treatment was needed at the water treatment facility to help offset demands for peak
summer usage in the southwest and central part of town. A new well was needed in southwest
Orem, regardless of whether or not the proposed annexation took place, to help offset needs in
that area.
Mayor Brunst asked about water availability usage and if a new well was necessary.
Mr. Tschirki said the usage would vary from year to year, and the well was necessary. The well
would not increase water availability, but would give the ability to tap into the source from
different geographic locations. It would not enlarge the water right, but increase availability.
City Council Minutes -March 10,2015 (p.4)
Mr. Winterton said the CIP process was ongoing, year to year for the foreseeable future. Staff
would continue to update the Council on needed CIP funding.
Mr. Tschirki said there had been discussion about automated metering infrastructure. 90 percent
of costs with automated meters would come from replacing meters, ano the other 10 percent
would provide the tools to allow staff to monitor the system. While the online accounts and
phone applications were nice tools for consumers, they were more valuable to city staff for
customer service.
Mr. Winterton said Siemens was looking at the energy side of using automated meter systems.
Mayor Brunst asked about savings from using automated services.
Mr. Tschirki said there would be around 10 percent of a loss in actual water consumption. There
would be some savings in terms of personnel, as meter readers would no longer be required, but
technicians who could read the information would still be needed.
Mayor Brunst asked about other cities in Utah that had made these changes in utilities.
Mr. Tschirki said Orem was one of the last to look at this. Provo was already implementing
theirs, and Sandy was on its second round.
Mayor Brunst asked about replacing the main line on State Street.
Mr. Tschirki said when that time came they would coordinate with UDOT and construct on the
far west edge on the shoulder, outside of travel lane. There was a parallel system running up and
down State Street.
Mr. Kelly said staff met with UDOT every month, and once Orem moved forward they would be
coordinated with.
Mrs. Black asked about how CIP was prioritized.
Mr. Tschirki said projects were prioritized in terms of rate of return, or the ability to recoup the
money, as well as immediate need.
Mrs. Black said it would be impo_rtant for the brochures to present detailed information in such a
way that the data was clear and understandable for all account holders.
Mayor Brunst agreed and said he thought it should be eye-catching enough that account holders
would read the brochure and not discard it without reading. Communication about proposed
changes would be a challenge but was important. He suggested making the information available
online as well.
Mr. Davidson cautioned against overloading the brochure, or causing undue concern for
residents about availability of some services.
City Council Minutes - Marob I 0, 2015 (p.5)
Mr. Tschirki said information would be available online following the meeting. He said he could
prepare a draft of the brochure for the City Council to review and give feedback.
DISCUSSION-UniversityPlaceParticipationAgreement
Mr. Stephens said the plan was to bring the University Place Participation Agreement before the
Orem Redevelopment Agency (RDA) on March 24, 2015. The agreement was between the RDA
and the University Mall Shopping Center LC. Mr. Stephens reviewed information on the tax
increment reimbursement structure. It detailed what a developer had to do to be eligible to
receive tax increment, and how much tax increment a developer could receive. The general
definition of tax increment was the difference between property tax revenues generated for a
specific piece of property, post development, and what the property taxes were for that same
property during a given base year. In the project area plan, the base year determined for the
project was 2013. Mr. Stephens said all the taxing entities would receive the same property taxes
they received up to 2013. The tax increment reimbursement was the increase from the 2013
levels to the post development levels. The RDA entered into interlocal agreements with each
that tax increment. Alpine School District agreed to allow the RDA to use 65 percent, while the
remaining entities of the City of Orem, Utah County, Central Utah Water Conservancy District,
and the Metropolitan Water District allowed the RDA to use 75 percent of tax increment that was
so d - d o d P Ps v
improvements. The remaining 90 percent of the available tax increment actually received by the
RDA would be available to developers that met requirements. Mr. Stephens said the risk for the
project was with the developer.
Mayor Brunst said the agreement involved no debt or bonding.
Mr. Stephens said the tax increment reimbursement structure was divided into eight benchmarks.
The benchmarks indicated the required development, the reimbursable infrastructure, the
estimated cost, the additional cap, and the total cap. He clarified that the “orchard/green space"
referred to on Benchmark 1 was the equivalent of a public park, not necessarily an orchard of
fruit trees.
Mrs. Black asked about the 10 percent the RDA would receive, and what the Woodbury
Corporation would be receiving.
Mr. Stephens said each taxing entity would retain a percentage of the tax increment, with the
Alpine School District retaining 35 percent and the other four entities retaining 25 percent. Of
the amount retained by the RDA, the RDA would take out 10 percent of the 65 to 75 percent
from the taxing entities.
Mr. Andersen asked whether RC Willey owned its retail space or if the mall owned that. He also
asked if RC Willey was eligible for the tax increment reimbursement.
Kathy Olson, with Woodbury Corporation, said RC Willey already owned its retail space.
Mr. Davidson said the agreement was with Woodbury Corporation, not other entities. He said he
City Council Minutes - March 10, 2015 (p.6)
Mr. Stephens said that, ultimately, the maximum amount a developer could receive would be the
lesser of what was listed as the total cap and the available tax increment the RDA actually
received.
Mrs.Black asked for clarification on requirements.
s s a s s s
complete their projects. For flexibility on Benchmarks 2 through 7, each additional 100,000
square feet of office space there would have an associated parking structure that needed to be
built. They could be reimbursed for actual costs on parking structure up to $4 million for those
benchmarks. If they reached Benchmark 8, the cap would be removed and they would be able to
receive 90 percent of all available tax increment that was actually received by the RDA.
Mr.Andersen asked for clarification benchmarks.
Mr. Stephens said certain developments were required before any reimbursement or
advancement to higher benchmarks. They would only get direct reimbursement for the
reimbursable expenses, such as specified infrastructure.
Mr. Macdonald said the 100,000 of class A office space would cost more than $10 million, so
actual costs outweighed reimbursement.
Mr. Stephens said Lewis Young Robertson & Burningham had been retained to evaluate the
terms of the agreement. The study showed the RDA was receiving fair value, and they believed
the increment was necessary to drive development in project area.
BUDGET DISCUSSION/PREVIEW-Compensation
Mr. Davidsons said staff was preparing next year's fiscal budget. The General Fund included a
majority of Orem employees’ and staff's compensation. Approximately $21 million in wages
represented 50 percent or more of the General Fund. Employee compensation was something
City management took very seriously. They looked at where Orem was in terms of the market
for developing a long-term, sustainable plan for the future. There had been discussions in the
past as to the classification of positions, and tools were used to assess the market. The Hay
Group provided market information to develop compensation philosophy in the past. The City
had contracted with Mike Swallow, owner and president of Personnel Systems and Services, to
validate the information from the Hay Group. Mr. Swallow had worked with many agencies in
Utah and, specifically, with local governments. Mr. Davidson turned the time over to Mr. Bybee,
Mr. Manning, and Mr. Swallow to present where Orem was going with its compensation
program and recommend a go-forward plan.
Mr. Bybee said his presentation represented a summary of data. They would give contextual
information and focus on different market and benefit comparisons, as well as demographic
trends leading to recommendations.
·Agenda
City Council Minutes - March 10, 2015 (p.7)
Project Background & Context
O
Market Comparison Tables
Benefits Picture
Employee Demographics
o
Recommendations for Going Forward
Project Objectives
0Assess the need for revising weighted job factors (e.g. education, experience,
certifications, safety, etc.)
Test & verify internal relationships
O
Determine need or interest for additional job factors/worth-of-work elements (e.g.
O
stress, public interaction, increased emphasis on risk, etc.)
Review compensation administration practices, i.e., pay progression, pay plan
design philosophy, etc.
Determine need to update pay ranges and revise pay grade assignments
O
Historical Practices
Pay plan design
Pay progression objectives
o
Market posture - competitive position
Ongoing Challenges
Economics -- revenue stream
Marginal utility
Fiscal accountability
Recruitment issues & objectives
Talent retention
Market Data - Survey Group (Data included from multiple <not necessarily all>
benchmark matches
Orem Compensation Study
Pay range minimum rate comparison
Overall average -4.1%
Pay range midpoint rate comparison
O
Overall average -0.9%
Pay range maximum rate comparison
Overall average 1.3%
Current average actual pay comparison
Overall average -2.2%
· Removing grade 4 puts the average at -0.4%
Survey range compared to Orem average
City range compared to city average
60" percentile comparison - range minimum
Overall average -7.0%
Examining the average formal range 60" percentile minimum of
the survey participants in comparison to Orem's formal range
minimum, shows the city's pay range starting rates trailing the
market on average -7.0%
Benefits Picture
o Core fixed benefits
City Council Minutes -- March 10, 2015 (p.8)
Health insurance, Life insurance, Health savings accounts, Vision
insurance, Dental insurance, Cafeteria contributions, EAP, Wellness plans,
misc.
Regular employees fixed benefits comparison (family coverage - hourly
basis)
oCorevariablebenefits
Retirement, Social Security, Medicare, Long term disability, Short term
disability, misc.
Regular employees variable benefits comparison
Full-time fire employees received 28.75% in total retirement
benefits and full-time police employees receive 44.39% in total
retirementbenefits
Regular employees Grade 10 base pay impact comparison
Starting pay of a Grade 10 at the 60%was $42,574
City of Orem health plan analysis
Medical Claims --PEPM
Rx Claims-PEPM
Net Loss Ratio -PEPM
Orem Health Plan Utilization
? Standard plan-171%
■ High deductible - 56%
■ Retirees - 339%
·Number covered by Retiree Plan
Market Analysis Results
。 Jobs potentially ahead of market - 10 positions
Jobs potentially behind market -- 27 positions
。
Mitigating considerations
Given the overall needs, interests, organizational philosophy and general
understanding of the market place (based upon market analysis
instruments) should the city place greater credibility upon the internal
equity instrument?
What indicators currently support a necessity for action, i.e., attrition,
recruitment issues, retention issues, talent development objectives, etc.?
0Employee Overview
City of Orem Turnover 2005-2014
City of Orem employees leaving for other employment
■
Current Orem workforce age
■
Orem employee years of service
■
Conclusions
The Hay internal equity methodology was generally validated and consistently
reliable
The analysis of the city's compensation practices revealed that maintaining the
Q
60" percentile philosophy resulted in:
The city is modestly lagging behind with regard to starting pay rates
Is competitively positioned with regard to midpoint rates
Enjoys a slight competitive edge with regard to pay range maximums
City Council Minutes - March 10, 2015 (p.9)
0As illustrated previously, the city lags in overall total compensation based upon
benefit costs; however not accounted for in the benefit data is “level of benefit",
ratings that may govern premiums. The approach used is a comparison of “out-of-
pocket" costs
Going Forward
Reset compensation philosophy and update relevant supporting and
communicating documentation (e.g. Employee Handbook)
0Redesign pay plan structure relative to range practices
· Market average proposed pay plan
■ Proposed pay plan - 60" percentile
0 Articulate potential pay progression formulas based upon learning curve,
merit/performance (individual & work team recognition) and longevity
·S Salary increase historical view
Cost of living adjustments amongst comparable cities
Merit increases amongst comparable cities
Average base pay increases by industry
Reset organizational culture to expect and deliver excellence, through a redefined
performance evaluation process
Prepare implementation strategy and timeline for compensation and classification
adjustments (e.g. FY 2016 Budget Process, targeted pay grade adjustments)
Identify features and enhancements to job valuation method that can strengthen
internal equity outcomes (e.g. through additional examination of job descriptions
to ensure accuracy with current practices and note additional job valuation
criteria)
The staff and Council discussed Orem's general position in terms of employee compensation and
benefits, comparison of positions with surrounding and comparable municipalities, employee
retirement, and the recommendations movingforwardwith the budget.
Mr. Bybee clarified that in some positions comparison across the board with other municipalities
and districts was difficult, but the comparisons were as close as could reasonably be done. Mr.
Bybee said Orem wanted to be a little above market to recruit and retain the best talent, and
maintain a competitive edge. He said market analysis was one tool in the box, with another being
internal equity.
Mr. Manning said turnover rate of employees leaving Orem for other employment had been on
the rise in recent years. Orem had seen no or minor increase in wages in several years, and the
spike in employees leaving for other employment was most often those having been employed in
the zero- to four-year range. They would work in Orem and learn their tradecraft, and then leave
for higher paying employment elsewhere. Mr. Manning said it was preferable for the city to
retain the employees they trained.
Mr. Davidson said during recent years of economic downturn, Orem had been able to retain key
year period. That had been the historical practice, but with economic and other factors that
system would not always be sustainable.
City Council Minutes - March 10, 2015 (p.10)
Mr. Bybee said the recommendation was to shift the paradigm from longevity to merit or
performance based compensation, while still maintaining a competitive edge. The previous
structures had created an expectation that was difficult to meet. Once everyone was in their
appropriate range, a merit-based system would be better moving forward. Mr. Bybee said other
cities were moving to the trend of merit versus market as well.
Mayor Brunst asked if this would be a two percent increase every year.
Mr. Davidson said the increase would not be a set number, but a particular commitment to a
compensation program. The uncertainty for employees has posed a challenge, particularly for
employees currently in the bottom ranges. If there was no prospect of progress, employees were
likely to search out other opportunities, and Orem would lose quality employees. He said the
philosophy would be to give an employee a range where they had the opportunity to progress
through the entire range over the course of their career. If over the course of years an employee
maintained strong performance, they would reach the top of the range. Important factors in that
decision-making process would be employee evaluations from department directors, budget
resources and availability of funds, and the market.
Mr. Bybee said they first wanted to show justification behind proposing these increases, and then
more specific data would be determined and presented to the Council as part of the budget for
Fiscal Year 2015.
Mr. Davidson said they had tentatively programmed 1 percent for structure, and a 3 percent merit
increase for the budget that was included in the $21 million for wages. If they were consistently
willing to dedicate resources it would keep Orem from falling behind market as well as send a
message to employees and staff that they were valued as important members of the organization.
He said ultimately it was the Council's budget, but this was the recommendation.
5:30P.M.STUDYSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING Mayor Richard F. Brunst, Jr.
ELECTEDOFFICIALS Councilmembers Hans Andersen, Margaret Black, Tom
Macdonald, Mark E. Seastrand, and David Spencer
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Chris
Tschirki, Public Works Director; Scott Gurney, Fire
Department Director; Gary Giles, Police Department
Director; Richard Manning, Administrative Services
Director; Bill Bell, Development Services Director;
Charlene Crozier, Library Director; Jason Bench, Planning
Division Manager; Steve Earl, Deputy City Attorney; Jason
Bench, Planning Division Manager; Neal Winterton, Water
Division Manager; Ryan Clark, Economic Development
Division Manager; Steven Downs, Assistant to the City
Manager; and Jackie Lambert, Deputy City Recorder
City Council Minutes - March 10, 2015 (p.11)
EXCUSED Brent Sumner
Preview Upcoming Agenda Items
Staff presented a preview of upcoming agenda items.
PRESENTATION -Miss Orem Float Design Options
Kimberly Harris, Miss Orem Director, provided information and presented options on the float
design for the upcoming season. The theme for this year's SummerFest was “Dream Big". She
asked for input from the Council on which designs they would prefer and any changes they
wanted to make to any existing designs.
Mayor Brunst thanked Ms. Harris for her efforts in working with the Miss Orem program and the
City.
Agenda Review
The City Council and staff reviewed the items on the agenda.
City Council New Business
There was no new City Council business.
The Council adjourned at 5:53 p.m. to the City Council Chambers for the regular meeting.
6:00P.M.REGULAR SESSION -COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst, Jr.
ELECTED OFFICIALS Councilmembers Margaret Black, Tom Macdonald,
Mark E. Seastrand, and David Spencer
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Chris
Tschirki, Public Works Director; Scott Gurney, Fire
Department Director; Gary Giles, Police Department
Director; Richard Manning, Administrative Services
Director; Bill Bell, Development Services Director;
Charlene Crozier, Library Director; Steve Earl, Deputy
City Attorney; Jason Bench, Planning Division Manager;
Steven Downs, Assistant to the City Manager; and Jackie
Lambert, Deputy City Recorder
EXCUSED Brent Sumner
INVOCATION/
INSPIRATIONALTHOUGHT Kari Rutherford
PLEDGEOFALLEGIANCE JohnBartholomew
APPROVALOFMINUTES
City Council Minutes - March 10, 2015 (p.12)
Mrs. Black moved to approve the February 24, 2015, City Council meeting minutes. Mr.
Spencer seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard
Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed unanimously.
Mrs. Black moved to approve the February 25, 2015, Joint City Council/Alpine School District
meeting minutes. Mr. Spencer seconded the motion. Those voting aye: Hans Andersen, Margaret
Black, Richard Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed
unanimously.
MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
UpcomingEvents
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mayor Brunst moved to appoint Tim Smith, Christine Alleman, and Blake Tierney to the CARE
Advisory Commission. Mr. Andersen seconded the motion. Those voting aye: Hans Andersen,
Margaret Black, Richard Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion
passed unanimously.
Recognition of NewNeighborhoodsin Action Officers
There were no new Neighborhoods in Action Officers recognized.
CITYMANAGER'SAPPOINTMENTS
AppointmentstoBoardsandCommissions
Mayor Brunst moved to give the Council's advice and consent to the City Manager's
reappointment of Sergio Okamura to the Board of Building and Fire Code Appeals. Mr.
Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard
Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed unanimously.
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.
John Reinhard, resident, said he had been thinking about the visual and physical appearance of
State Street. He wondered how Orem could encourage private property owners to make
improvements, and suggested that using CDAs might be a way to accomplish that. Mr. Reinhard
thought that might incentivize businesses to develop, because they could receive benefit if they
met certain benchmark specifications. He said the plans regarding State Street's future looked
like a lot of thought had gone into them, and one important aspect of the plan was how to pay for
those improvements and development.
Mayor Brunst took a moment to update the Council on recent business developments in the city,
UTOPIA, and the current legislative session.
City Council Minutes - March 10, 2015 (p.13)
CONSENT ITEMS
There were no Consent Items.
SCHEDULED ITEMS
6:20 P.M. PUBLIC HEARING- Culver Sign Zone
ORDINANCE - Amending Section 14-3-3 of the Orem City Code (Freestanding Signs:
(Pole & Monument) (7) Sign Zone Table) by creating a new Sign Zone "F," and amending
the sign zone for property located generally at 780 North 1200 West from Sign Zone E to
Sign Zone F
Jason Bench reviewed with the Council the applicant's request that the City Council, by
ordinance, amend Section 14-3-3 of the Orem City Code (Freestanding Signs: (Pole &
Monument) (7) Sign Zone Table) by creating a new Sign Zone "F," and amending the sign zone
for property located generally at 780 North 1200 West from Sign Zone E to Sign Zone F.
The applicant, Spencer Young, was currently constructing the Culver's restaurant at 780 North
1200 West which was adjacent to 1-15 on the southeast side of the 800 North interchange. The
Culver's site was in Sign Zone E which allowed pole signs to be constructed thirty-five feet
above the natural grade or twenty-five feet above the grade of the freeway, whichever was
greater.
The Culver's property was located in a natural depression and the applicant had determined that
its signs would not be adequately visible to traffic traveling north on 1-15 at the height allowed in
Sign Zone E. Specifically, the applicant believed that traffic traveling north on 1-15 would not
have enough time to identify the Culver's sign in time to exit the freeway. The applicant
conducted a study showing balloons at twenty-five and fifty feet above the height of the freeway
and concluded that locating the sign fifty feet above the freeway was necessary to provide
adequate visibility for northbound traffic to identify their business in time to exit the freeway.
A topographic survey was conducted by the Engineering department to verify the difference in
elevation between 1-15 and the Culver's site. The results showed the Culver's site to be
approximately thirteen feet (12.94 feet) lower than the grade ofl-15.
Because of the topographically depressed location of the applicant's property, staff
recommended that a new sign zone be created to address this specific area without altering all of
Sign Zone E (which generally applied to properties located adjacent to the 1-15 corridor
throughout the City). The proposed Sign Zone F would allow signs in topographically depressed
areas to have a maximum height of thirty-five feet above the natural grade or fifty feet above that
point of 1-15 located directly perpendicular to the sign, whichever was greater. All other
regulations for signs in Sign Zone F would be subject to the same regulations as signs in Sign
Zone E.
If the proposed amendment was approved, the applicant would be allowed to construct a sign
with a height of sixty-three feet. The City Council approved an amendment to the PD-22 zone
City Council Minutes - March 1 o. 20 l 5 (p. l 4)
(west of 1200 West) in May 2011 to allow the Marriott hotel at 873 North 1200 West to
construct an eighty foot tall sign for similar visibility reasons.
people were in attendance, all of whom were associated with the Culver's restaurant.
The Planning Commission recommended the City Council, by ordinance, amend Section 14-3-3
of the Orem City Code (Freestanding Signs: (Pole & Monument) (7) Sign Zone Table), by
creating a new Sign Zone “F," and amending the sign zone for property located generally at
780 North 1200 West from Sign Zone E to Sign Zone F.
His concern was that his business could not be seen and might fail, like the gas station that had
previously been on the property, because of its location in a depressed or "bowl" area that was
substantially lower than the freeway deck. They wanted their signs to be seen from the freeway
to allow the opportunity to draw in more business.
Mayor Brunst asked if Culvers was a franchise, and Mr. Young said it was a national franchise,
and this location would be the seventh Culvers in Utah. His family would own and manage the
location.
Mrs. Black asked when the opening was scheduled. Mr. Young said the projected opening date
was April 27, 2015, so long as the weather cooperated and construction went well. They planned
to have a VIP night, which the Council would be invited to.
Mayor Brunst opened the public hearing. There were no public comments, so Mayor Brunst
closed the public hearing.
Mr. Macdonald moved, by resolution, to amend Section 14-3-3 of the Orem City Code
(Freestanding Signs: (Pole & Monument) (7) Sign Zone Table) by creating a new Sign Zone “F,"
e d z
Zone E to Sign Zone F. Mrs. Black seconded. Those voting aye: Hans Andersen, Margaret
Black, Richard Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed
unanimously.
RESOLUTION - Authorizing the City Manager to execute a partial release of two
development agreements recorded against a portion of property in the PD 21 zone (1200
South Geneva Road).
Steve Earl and Jason Bench reviewed with the Council the applicant's request that the City
Council, by resolution, authorize the City Manager to execute a partial release of two
development agreements previously recorded against property in the PD-21 zone (1200 South
Geneva Road).
Prior to adopting the PD-21 zone in 2000 (the original Parkway Crossingnow Wolverine
developer of the property concerning a number of issues (hereinafter referred to as the
"2000 Development Agreement"). In 2002, the City entered into a second development
agreement with the developer (hereinafter referred to as the “2002 Development Agreement")
City Council Minutes - March 10, 2015 (p.15)
which made certain modifications and additions to the 20oo Development Agreement. Both
development agreements were recorded against the property in the PD-21 zone.
Ben Lowe was the developer of "Area 2" in the PD-21 zone (on the eastern edge adjacent to the
railroad tracks). The lenders for the project had requested that the two development agreements
be released as to Area 2 upon fulfillment of all terms that apply to Area 2.
The requirements of the two development agreements as well as the status of each requirement is
summarizedbelow:
1. Developer to construct an overpass, monorail or gondola over I-15 to connect the project
with UVU. If construction of the overpass is determined to be impossible or unfeasible,
developer is required to increase shuttle capacity to allow capacity to move 20% of the
residents between the project and UVU every hour. Must have shuttle departures every
10 minutes during peak hours.
Status: This requirement was also included in the text of the original PD-21 zone. A
subsequent developer determined that construction of an overpass, monorail or gondola was
impossible or unfeasible and requested that the City Council remove this requirement from
the ordinance. On October 23, 2007, the City Council amended the PD-21 zone to remove
the requirement that the developer construct an overpass or gondola. The City Council also
removed the requirement that the developer provide a private shuttle service because UTA
had begun providing bus service from the project to UVU.
2. Install sewer lines that gravity feed into the City's trunk line in 1000 South just west of
Geneva Road.
Status: Completed.
3. Dedicate a strip of land 12' in width along the westerm boundary of the PD-21 zone
(adjacent to Geneva Road) from 1000 South to University Parkway and construct road
widening improvements.
Status: Completed.
4. Dedicate an additional strip of land 15' in width along the western boundary from 1000
South to University Parkway just east of the previous dedication for construction of
sidewalk and public utilities. Developer to install 8' sidewalk in this strip.
Status: Completed.
5. Construct and dedicate a signalized intersection at 1o00 South and Geneva Road. Install a
fiber connection to the new signal from the existing signal at University Parkway and
Geneva Road.
Status: Completed.
6. Reconstruct the east leg of 1000 South through UVU from the intersection of 1000 South
and Geneva Road to the project site.
City Council Minutes -March 10, 2015 (p.16)
Status: This obligation was completed by UTA when they constructed and dedicated 1000
South Street to provide access to the intermodal station.
7. Provide access to the project from Geneva Road directly opposite the main access into
the UTA property at 1100 South Geneva Road.
Status: Completed.
8. Install a raised median on University Parkway from the intersection with Geneva Road to
Status: The City Traffic Engineer has determined that a raised median in this location would
not be in the best interest of the City. Therefore, this obligation has not been completed.
9. Contribute $200,000 to the City for future construction of a public safety building on the
west side of I-15.
Status: Some property owners in the PD-21 zone have paid their proportionate share of this
obligation and the City is working on collecting from those owners who have not yet paid
their share. The applicant has agreed to pay his proportionate share before the City Manager
executes arelease.
10. Project to be developed as one single project as shown in Appendix X.
Status: Although the project was originally intended to be constructed as a unified
development, the original developer allowed options on some of the parcels in the PD-21
zone to expire which resulted in the zone being developed as separate projects. The City
n (d o ae ) x s s
separate developments. However, the City has attempted to ensure cross access across each
of the properties in the PD-21 zone.
As the above summary indicated, the only item that had not been fully completed or modified
(expressly or implicitly) by the City was the requirement to make a payment toward a future
public safety building as described in item 9.
At this time, the applicant was only requesting that the City Council release the two development
payment of his proportionate share toward a new public safety building ($43,360). However, in
the interest of efficiency, staff also requested that the City Council authorize the City Manager to
share of the $200,000.00 public safety contribution.
City Staff recommended that the City Council, by resolution, authorize the City Manager to
execute a partial release from the 2000 Development Agreement and the 2002 Development
Agreement for any property in the PD-21 zone for which payment of its proportionate share of
the public safety building contribution has been received.
City Council Minutes -March 10, 2015 (p.17)
Mayor Brunst moved, by resolution, to authorize the City Manager to execute a partial release of
two development agreements recorded against a portion of property in the PD 21 zone (1200
Black, Richard Brunst, Tom Macdonald, Mark Seastrand, David Spencer. The motion passed
unanimously.
COMMUNICATIONITEMS
Mr. Davidson said UVU and Slide the City had approached the City about having a large
waterslide in conjunction with the first week of school activities. The slide would go down
800 South and impact homes and traffic in that specific area for one day. Only approximately
100 of these events would be scheduled this year throughout the USA, and this would be the only
event in Utah County. Anyone looking to participate would purchase and armband for specific
times to slide. Mr. Davidson said he would bring this issue to the Council for consideration.
Mr. Macdonald asked if the liability issues had been considered. Mr. Davidson said they had
been resolved. Mr. Macdonald said he thought it would be a fun activity and a great opportunity
for partnership with the City and UVU.
Mrs. Black suggested homeowners that were inconvenienced should get a free slide or some kind
of compensation. Mr. Davidson assured the Council that they would be taken care of.
Mayor Brunst asked about safety and emergency personnel at the event. Mr. Davidson said they
could require those, as well as private security.
Mr. Seastrand asked about parking for the event. Mr. Davidson said the student lots would
accommodate for parking.
Mr. Davidson asked the Council to consider the possibility of a City Council Retreat on April 17,
2015. This would be a one day event, likely held at the Sundance Resort. He said they would
receive an email invitation, and asked that Council check their calendars and respond to email.
Mr. Davidson said there was the opportunity of attending a CenturyLink presentation in Las
Vegas and making a site visit to see how the equipment worked. The site visit was scheduled for
April 8, 2015, tentatively at 3:00 p.m., as Council would already be in the vicinity for the Utah
League of Cities and Towns conference in St. George.
Mayor Brunst requested they have the opportunity to speak with public officials from the area
and they were in favor of that.
Mr. Seastrand expressed concern about construction traffic adding many hours to the drive and
cutting into the time of the conference.
Mr. Macdonald asked what the hope was in attending the presentation.
Mr. Davidson said they would get to see actual equipment and watch fiber installation, as well as
speak with the local officials. They could ask questions and get a feel for the expansion of a fiber
network.
City Council Minutes - March 10, 2015 (p.18)
CITYMANAGERINFORMATIONITEMS
Therewere no CityManager information items.
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,DavidSpencer,andBrentSumner.Themotionpassed unanimously.
The meeting adjourned at 6:43 p.m.
OREM
CITYOF
CORPORATE
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CnmaR.Mavt
DonnaR.Weaver,CityRecorder
Approved:March25,2015
CityCouncilMinutes-March10,2015(p.19)