Meeting
City Council · 2015-06-23
City Council meeting
Decisions
8
10 motions in all
Split votes
3
at least one no
Discussion
–
no recording
Residents spoke
–
introduced themselves
Agenda items and what happened
| Item | Outcome | Source |
|---|---|---|
| UPDATE - Storm Water Ordinance work session Direction: Staff to continue review of the ordinance with Council over the next month before a formal presentation and consideration of adoption at the July 28 meeting. |
discussed only | p.1 |
| ANNUAL REVIEW - Gang Loitering Free Areas work session |
presented only | p.4 |
| UPDATE - Utilities Master Plan - Communications work session Direction: Staff (Mr. Downs) agreed to add an open house location at the senior center; City Manager asked Council to raise concerns directly with staff rather than through outside channels. |
discussed only | p.6 |
| 800 North / Canyon Parkway signage designation work session Direction: Move forward with designating 800 North as Canyon Parkway; staff to work up cost estimate for sign changes. |
consensus | p.9 |
| UPDATE - Vote By Mail for Municipal Primary and General Elections work session |
discussed only | p.8 |
| MOTION - Mayor Pro Tem - July 1 through December 31, 2015 regular session |
approved | p.11 |
| REPORT - Colonial Heritage Festival & Cries of Freedom regular session |
presented only | p.11 |
| PROCLAMATION - Colonel Gail Halvorsen Day regular session |
approved | p.11 |
| PROCLAMATION - Local First Utah's Independents Week regular session |
approved | p.11 |
| MOTION - Cancel the July 14, 2015 City Council Meeting regular session |
approved | p.12 |
| RESOLUTION - General Plan Amendment (LDR to CC) - Orem Assisted Living, 1890 North 800 West regular session · Planning Commission recommended approval |
approved | p.13 |
| ORDINANCE - Rezone R8-ASH to C2 - Orem Assisted Living, 1890 North 800 West regular session · Planning Commission recommended approval |
approved | p.13 |
| ORDINANCE - Create PD-44 Zone (Sections 22-5-1 and 22-11-57) regular session · Planning Commission recommended approval |
approved | p.16 |
| ORDINANCE - Rezone R12 to PD-44, 1450 East 1060 North regular session · Planning Commission recommended approval |
approved | p.16 |
| ORDINANCE - PD-8 Zone Interior Setback Amendment, 800 North Palisade Drive regular session · Planning Commission recommended approval |
approved | p.18 |
| ORDINANCE - Amending the Current Fiscal Year 2014-2015 Budget (4th Quarter) regular session |
approved | p.19 |
| RESOLUTION - Fence Modification, Stone Five Studios, 1510 East 840 North regular session |
approved | p.19 |
| RESOLUTION - Authorizing 2015 Municipal Primary and General Elections by Vote By Mail and One Election Day Voting Center regular session |
approved | p.21 |
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 June 9, 2015, City Council meeting minutes. | Tom Macdonald 2nd Brent Sumner |
✓ Passed | p.11 |
| To appoint David Spencer as. | Richard Brunst 2nd Hans Andersen |
✓ Passed | p.11 |
| To cancel the July 14, 2015 City Council meeting. | Richard Brunst 2nd Tom Macdonald |
✓ Passed | p.12 |
| By resolution, to amend the General Plan by changing the land use designation from Low Density Residential (LDR) to Community Commercial (CC) on approximately 0.93 acres located generally at 1890 North 800 West. ✕ No: Brent Sumner |
Richard Brunst 2nd Mark Seastrand |
✓ Passed | p.16 |
| By ordinance, to amend Article 22-5-3(A) of the Orem City Code and the zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93 acres located generally at 1890 North 800 West. ✕ No: Brent Sumner |
Richard Brunst 2nd Mark Seastrand |
✓ Passed | p.16 |
| By ordinance, to amend Section 22-5-1 and enact Section 22-11-57 of the Orem City Code to create the PD-44 zone. | Margaret Black 2nd Mark Seastrand |
✓ Passed | p.17 |
| By ordinance, to amend Section 22-5-3(A) and the zoning map of the City by rezoning property located generally at 1450 East 1060 North from the R12 zone to the PD-44 zone. | Margaret Black 2nd Mark Seastrand |
✓ Passed | p.17 |
| By resolution, to approve a fence modification for Stone Five Studios at 1510 East 840 North in the C1 zone. | Tom Macdonald 2nd Richard Brunst |
✓ Passed | p.21 |
| By resolution, to authorize the 2015~MunioipaF Primary and General Elections to be administered through Vote By Mail and One Election Day Voting Center. ✕ No: David Spencer, Hans Andersen, Richard Brunst |
Margaret Black 2nd Brent Sumner |
✓ Passed | p.24 |
| To adjourn to a closed door meeting to discuss the character, professional competence, or physical or mental health of an individual pursuant to Utah Code Section 52-4- 205(1)(a)). The meeting would be held in room #107, and the Council would adjourn when it was over. | Tom Macdonald 2nd Mark Seastrand |
✓ Passed | p.25 |
Text extracted from the minutes PDF (scanned pages via OCR). The PDF is the official record.
CITYOFOREM
CITYCOUNCILMEETING
56NorthStateStreetOrem,Utah
June23,2015
3:30P.M.WORKSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING MayorRichardF.Brunst
ELECTEDOFFICIALS Councilmembers Hans Andersen,Margaret Black,Tom
Macdonald,MarkE.Seastrand,DavidSpencer,andBrent
Sumner
Jamie Davidson, City Manager;Brenn Bybee, Assistant
APPOINTEDSTAFF
City Manager, Greg Stephens,CityAttorney;Richard
Manning, AdministrativeServices Director; Bill Bell,
DevelopmentServicesDirector;Chris Tschirki,Public
Works Director; Karl Hirst, Recreation Director; Scott
Gurney, Fire Department Director;Charlene Crozier,
Library Director, Heather Schriever; Assistant City
Attorney;JasonBench,Planning DivisionManager;Ryan
Clark,EconomicDevelopmentDivisionManager;Brandon
Stocksdale, Long Range Planner; Jason Bench, Planning
Division Manager; Reed Price,Maintenance Division
Manager; Steven Downs, Assistant to the City Manager;
andDonnaR.Weaver,CityRecorder
UPDATE-StormWaterOrdinance
ReedPriceprovidedvarious analogieswithhowfire lawswere established.The same rationale
waswhatledtothecreationofthecurrentstormwatercode.Hethenreviewedelementsofstorm
watercodehistory.HethenreviewedthereasonstheCitywaschangingthecodeandhighlighted
someofthemajor amendments.
OremCityStormSewerOrdinanceUpdate
An Analogy...
Fire Code
Disasterscanoccur anywhere,and they often occurwhenweleastexpect
them.NFPAcodesandstandardsarethereto
Provideuswithways toprevent their occurrence,
Manage their impact, and
.
Protect us.
1631
JohnWinthrop,GovernorofMassachusetts
Outlawswooden chimneys
1871
Great Chicago Fire
1872
O
City CouncilMinutes-June23,2015(p.1)
Great Boston Fire
New fire and building codes for spacing and construction materials
and inspections
1903
Iroquois Theater Fire (Chicago)
Federal standards for exits and pathways to exits; maximum
seating
1904
o
Baltimore Fire
·National standard sizing for fire hose connections
Many more fire incidents that caused changes to building/safety codes
Communities, schools, industry, hospitals, prisons, night clubs, and more
Storm Water 101
StormWater code
Disasters can occur anywhere, and they often occur when we least expect
them. NFPA [Storm Water] codes and standards are there to:
Provide us with ways to prevent their occurrence,
Manage their impact, and
Protect us.
Not just to prevent disasters
Water quality
Clean neighborhoods
MS4: Municipal Separate Storm Sewer System
Infrastructure used to convey storm water runoff
Roads/sidewalks/curbs/gutters
Pipes
Sumps
Detention basins
The owner of the infrastructure that is permitted to discharge runoff
Orem Storm Water Utility History
O 1987
Congress mandates EPA to control certain storm water discharges
■
1990
Utah issues first permits to large municipalities
■
1996
Orem Storm Sewer Utility approved in March
Numerous findings
Improve water quality
Protect health and safety of public
Enhance water availability
Reduce flooding potential
2002
Utah issues a general permit for discharges from small MS4s
Minimum Control Measures
0 Public education and outreach on storm water impacts
Public involvement/participation
City Council Minutes - June 23, 2015 (p.2)
Illicit Discharge Detection and Elimination (IDDE)
O
Construction site storm water runoff control
Long-term, post-construction storm water management
Pollution prevention and good housekeeping for municipal
operations
Storm Sewer Ordinance Update
2010
Orem's permit is renewed
Defined requirements to make improvements
Update ordinance
2015
Orem's permit needs to be renewed
Why are we changing the code?
Come into compliance with UDWQ storm water permit
Ensure long-term functionality of our system
Protect environment
Ensure public safety
Philosophical approach has changed
Treat storm water as a resource rather than a waste product
Mirror pre-development hydrology
?
What is changing?
0 General housekeeping
0Article 23-4
Best management practices
Prohibits illegal discharges
Prohibitsillicitconnections
Protects watercourses
Prohibits pollutant storage and littering
Protects drinking water sources
Clarifies land disturbance permitting process
Strengthenspost-construction storm water management
Requires low impact design (LID) and green infrastructure
0 Article 23-4-8
Long-term storm water runoff control
Long-term management plans required for development
Maintenance agreements
Inspection requirements
Non-structural maintenance practices
Protection of receiving stream
Inspection and monitoring
Post-construction storm water management
oArticle 23-5
Clarifies violations
Strengthens enforcement and penalties
Next Steps
0City Council review over next month
City Council Minutes -June 23,2015(p.3)
0 Formal presentation at the city council meeting on July 28
· Consider adopting the amended ordinance
Mr. Andersen asked who mandated it, and Mr. Price said Congress mandated the EPA and the
State runs the environmental program on behalf of the EPA.
Mr. Macdonald asked if the City was late in complying, and Mr. Price said they have been
properly permitted over the years; the proposed code changes represented modern changes.
Mr. Seastrand said it was one thing to do the minimum, but they should be asking if there was
more that they should be doing to better protect the future. Mr. Price said where it was not a well
head protection zone they wanted the water to go into the ground to recharge the aquifer. They
must be prepared for larger rain events.
Mr. Tschirki said they need to protect their water sources.
Mr. Andersen said he had been reading about sumps and wondered about oil floating to the top.
He asked if there were devices to pull the oil off the water.
Rick Sabey, Public Works Field Supervisor, said some of the older sumps did not have oil/water
separators but most modern sumps did as did detention facilities. There were other wayssuch
as areas with vegetationthat also helped to clean the water. Mr. Price added that detention
basins let the water come quickly but then drain slowly.
ANNUAL REVIEW-Gang LoiteringFreeAreas
supervised school resource officers (SROs) at the schools.
Annual Review of Gang Loitering Free Areas
·What is a Gang?
0National Institute of Justice
· There is no universally agreed-upon definition of “gang" in the United
a s
interchangeably used in mainstream coverage.
ODepartment of Justice Definition
■An association of three or more individuals;
· Whose members collectively identify themselves by adopting a
groupidentity
B s n
intimidation, frequently by employing one or more of the
following:
0A common name
。 A slogan
Identifying sign, symbol, tattoo or other physical marking
Style or color of clothing, hairstyle, hand sign or graffiti
·Current Trends
City Council Minutes - June 23, 2015 (p.4)
Smart phones
■
Twitter
Facebook
■
Instagram
O Is the role of gang being eroded by the social media?
Cyber bullying
Cyber facilitated violence
Graffiti
Drug influences/uses
Sex offenses
Graffiti in Orem
Very few juveniles involved
Single suspects are responsible for multiple graffiti incidents
O
Suspects arrested have had no affiliation with verified violent street gangs
The majority of those arrested are 8th and 9"h graders
Graffiti Statistics
2014-2015 Comparison
·10% decrease during the first 6 months of 2015
· June 23, 2014 - 92 reported graffiti cases
· June 23, 2015 - 81 reported graffiti cases
Law Enforcement Strategy
oWork in close association with the schools
■Work closely with vice principals in high schools and junior high schools
Electronic communications (email) with teachers and other school
employees
o Use social media as an investigative tool
Monitor
■ Fictitious profiles
Sgt. Fredrickson reviewed the definition of a gang and what they tended to have in common.
There were some connections with gangs in California, but it had not taken hold in Utah County.
d a s
like behavior had shifted to online bullying which had resulted in cyber-facilitated violence.
Officers were online monitoring behavior and they could get involved when needed. The drug
influence was heavy on social media. Graffiti in Orem generally had very few, but busy,
juveniles; they tended to be repeat offenders. He then reviewed Graffiti Statistics between 2014
and 2015.
Mrs. Black asked how the anti-gathering ordinance had worked in resolving some gang issues in
Orem.
Sgt. Fredrickson said it had been an effective tool when it was needed.
Mayor Brunst said most graffiti offenders were younger, but asked if older influences were
pushing ties to gangs.
City Council Minutes - June 23, 2015 (p.5)
Sgt. Fredrickson said it was not really an issue in Orem but that did happen throughout the
country. He said there were few, if any, ties to any violent gangs in Utah County. He said he and
the SROs worked closely with administration to monitor activity on social media for any
suspected gang activity.
UPDATE-Utilities Master Plan - Communications
Mr. Downs showed two videos created as part of the communications effort for the Utilities
Master Plan. The videos were available to view online at utilities.orem.org. The website also had
a section answering Frequently Asked Questions (FAQ), information about the upcoming open
houses on August 4" and August 18", a link to the mailer being sent to residents, and other
important information about the Utilities Master Plan.
Mr. Macdonald said there had been suggestions that some of the pipes could last longer than
being forecast. He asked if they would evaluate pipes before replacing them and not replace
unnecessarily.
Mr. Tschirki said they did not want to replace anything before it needed to be replaced. There
were three different kinds of pipes. Some pipes only lasted about twenty years. Soil conditions
could also shorten the life of pipes, and there were some of those areas identified in Orem. The
fifty-year plan was the. basis for the infrastructure system, not pipes only. Many other
communities used the fifty-year replacement plan.
Mayor Brunst said the circumstances vary. The reality was that the cost of preventative care now
would be less than waiting until there was a problem. He asked if there were any 100-year-old
pipes out there.
Mr. Tschirki said there were likely a few wooden canal pipes that may still be in place but the
majority had been replaced. He noted there were some areas, especially on the west side, where
the pipes would not last fifty years.
Mr. Sumner asked about replacing University Place infrastructure. Mr. Davidson said the CDA
would pay to replace them.
Mr. Macdonald asked if specific projects had been identified. Mr. Tschirki said they had projects
identified in the ten-year plan.
Mr. Downs provided a copy of the mailer that would be sent to Orem residents.
Tai Riser, Public Works Advisory Commission (PWAC) chair, said they had been studying the
issue for some time. They were concerned as they communicated with the public that correct
information be provided to them. It was a concern if residents could not trust the information
coming from the Council and City.
K.C. Shaw, PWAC vice chair and Central Utah Water Conservancy District (CUWCD)
employee, said CUWCD designed pipes for a 75-year lifespan. Half would last fewer years than
75, and half would last longer. He said they cement coated the modern pipes inside and out. It
was always difficult to communicate technical issues with the general population, and he was
City Council Minutes - June 23, 2015 (p.6)
beneficial to explain the rationale behind the identified projects. Most of the projects identified
were for fire, capacity, and storage reasons. To say they were replacing good pipes before it was
necessary was inaccurate. No one had said to replace a pipe only because of its age; they were
Mr. Riser said he was concerned that misinformation was being communicated to the public by
representatives for the City, and fear mongering would always go further than factual
information. People were entitled to their own opinions, but they could not have their own facts.
Mayor Brunst said a lot of work needed to be done on communication. He said more detailed
explanation was important in communicating with the public. He would also like to see video
footage of City crews working on damaged areas.
Mr. Tschirki said they had footage they could include
Mr. Sumner said the open houses were important to have, but he believed holding them at the
Public Works building would lead to poor attendance. Mrs. Black agreed, and thought a more
central location would be a better idea.
Mr. Downs said they would add an open house at the senior center.
Mr. Macdonald said they were fortunate to have a mayor who understood pipe issues and others
who gave their time studying the issue out. The City would be crazy not to take advantage of
those skill sets, and put out accurate information.
Mrs. Black asked if the website had a simplified list of the eleven projects. Mr. Downs said they
were grouped into category, and could go into further detail.
Mr. Davidson said to be careful about identifying areas of Orem that did not have enough
pressure to support fire hoses. The plan was the Council's plan, and if they had concerns or
suggestions, they should tell staff. His concern was about misinformation that was so readily
available. He encouraged the Council to look through the information and talk with Mr. Tschirki
and his staff about any questions and utilize them as resources.
Mr. Seastrand said part of the reason they were on the Council was so they could meet and
discuss things together. If there was a difference of opinion, it should be expressed in the
meetings rather than going around the rest of the Council and talking about things that had not
been discussed with the rest of the group.
Mr. Davidson said Mr. Andersen misquoted him in the flier, which caused him concern because
it was not a fair representation of what he had said and was taken out of context.
Mayor Brunst said he would appreciate Mr. Andersen's participation in discussions with the
Council. All councilmembers were elected to represent the people of Orem, and he would
appreciate more vocal participation from each of them.
City Council Minutes -June 23,2015 (p.7)
Mr. Seastrand asked why Mr. Andersen did not present his information to the Council for
discussion in an open public meeting, but shared information with other sources and said the rest
of the Council was wrong on the matter.
Mr. Andersen said he did not misquote Mr. Davidson.
Mr. Davidson said Mr. Andersen did misquote him, that he was questioning his integrity and he
took great offense to that.
Mr. Macdonald said Mr. Andersen questioned the integrity of the members of the Council and
misrepresented them all the time.
Mayor Brunst reaffirmed that he would want all council members to participate in discussions to
further the work of the City.
UPDATE-VoteBy Mail for Municipal Primary and General Elections
Mr. Bybee provided information about Vote By Mail (VBM). He reviewed that VBM was
allowed by State Code. They planned to have one voting center, the City Center, available to
submit ballots in person on Election Day.
Ms. Weaver explained once voters received their ballots in the mail, they could vote and return
the ballot by mail or could drop the ballot off in person at the City Recorder's Office. If voters
came to cast a ballot at the voting center, they would cast a provisional ballot.
Mr. Sumner asked if other cities doing VBM also had only one voting center.
Mrs. Weaver said it would depend on the size of the community. Orem was not a geographically
large area, so it was reasonable to have only one voting center.
Mayor Brunst asked how many polling locations were used for a “traditional" election, and how
many poll workers were at each location.
Mrs. Weaver said they used the same locations for municipal elections as the County did for
County elections, which used twenty-one polling locations. At any one time there would be
between three or four poll workers at a location, plus alternates.
Mr. Bybee said municipal elections had lower turnout than county or presidential elections. Even
years with so-called “"hot topics" had low percentage of voter turnout. He reviewed some pros
and cons for using all VBM.
Mayor Brunst said he reviewed some statistics from VBM elections in Oregon and found since
1998 they had only fifteen cases of voter fraud statewide.
Mr. Bybee said there was a misconception that VBM increased voter fraud, but that was
unfounded. There was an increased cost because the City was providing the return postage on the
ballots, but they anticipated that the convenience of the pre-paid postage would help increase
voterturnout.
City Council Minutes - June 23, 2015 (p.8)
Mr. Macdonald said it was possible as voters became more familiar with VBM elections the City
could eventually move away from paying the return postage for the voters.
Mr. Bybee said there was promising evidence of substantially improved voter turnout, but was
still not a guarantee. They planned to do more education about the election, including a
newsletter and a voter information pamphlet.
Mrs. Black thought there should be candidate information in the voter information pamphlet
because older voters would not likely find the candidate information online, and Mr. Davidson
said that could be done.
Communication Items
Mr. Davidson said there had been discussion about naming 800 North. In the past, the Council
discussed changing 800 North to Canyon Parkway. Mr. Davidson said he was not suggesting
changing the name of the road but adding the name designation to the signs. There had been
conversations with UDOT about the proposed change and their specifications to proceed. The
preference was to recognize 8oo North as a gateway to the canyon, not as the Vineyard
Connector. He asked for feedback from the Council.
Mrs. Black said it was one of Mayor Washburn's dreams and the process would not require
anyone on 800 North to change their addresses. MAG also wanted the road designated as
Canyon Parkway.
Mayor Brunst said it should be done sooner than later.
Mr. Macdonald asked why it was not designated as such before now, and Mrs. Black said the
costs of changing the signs had been an issue in the past.
Mr. Spencer asked what the cost to change out the signs would be, and Mr. Davidson said staff
was working on an estimate.
The consensus of the Council was to move forward with the designation of 8oo North as Canyon
Parkway.
5:00P.M.STUDYSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING Mayor Richard F. Brunst, Jr.
ELECTEDOFFICIALS Councilmembers Hans Andersen, Margaret Black, Tom
Macdonald, Mark E. Seastrand, David Spencer, and Brent
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 Works Director; Scott
Gurney, Fire Department Director; Charlene Crozier,
City Council Minutes - June 23, 2015 (p.9)
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; Reed
Price, Maintenance Division Manager; Steven Downs,
Assistant to the City Manager; and Donna Weaver, City
Recorder
Preview Upcoming Agenda Items
Staff presented a preview of upcoming agenda items.
Agenda Review
The City Council and staff reviewed the items on the agenda.
City Council New Business
There was no City Council new business.
The Council adjourned at 5:56 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst, Jr.
ELECTED OFFICIALS Councilmembers Hans Andersen, Margaret Black, Tom
Macdonald, Mark E. Seastrand, David Spencer, and Brent
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 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; Paul Goodrich, Transportation Engineer;
Brandon Nelson, Finance Division Manager; Steven
Downs, Assistant to the City Manager; and Donna Weaver,
City Recorder
INVOCATION/
INSPIRATIONALTHOUGHT Jessica Street
PLEDGEOFALLEGIANCE Alejandro Tovar and Daniel Vascarro
City Council Minutes - June 23, 2015 (p.10)
APPROVAL OFMINUTES
Mr. Macdonald moved to approve the June 9, 2015, City Council meeting minutes. Mr. Sumner
seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard F. 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
There were no appointments to boards and commissions.
Recognitionof NewNeighborhoodsinAction Officers
There were no new neighborhood officers recognized.
MOTION -Mayor Pro Tem - July 1 through December 31, 2015
Mayor Brunst moved to appoint David Spencer as Mayor Pro Tem. Mr. Andersen seconded the
motion. Those voting aye: Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald,
Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed unanimously.
REPORT - Colonial Heritage Festival & Cries of Freedom
Deb Jackson, Scott Swain, and Chairpersons Gregg and Katherine Hardy reviewed the events
planned for the upcoming event in the SCERA Park July 2-4, 2015. They expressed appreciation
for the Council and staff's work to prepare for the event. A new feature for this year's event was
the inclusion of Liberty's Vehicles, a program that showcased restored military vehicles from
WWI to present. There would be a VIP meet and greet on July 1, 2015. They hoped to have more
people in attendance than last year and were working with the Alpine School District on
expanding the parking. On July 4, 2015, there would be a bike decorating contest for the youth
and a pie baking contest.
PROCLAMATION - Colonel Gail Halvorsen Day
Mayor Brunst read a proclamation designating July 3"d as Colonel Gail Halvorsen Day in the
City of Orem. He invited Mr. Halvorsen to shake hands with the Council. Mr. Halvorsen then
expressed gratitude for the recognition, saying he accepted it in the names of the people he
served with.
PROCLAMATION-Local First Utah's Independents Week
Mayor Brunst read a proclamation designating July 1-7, 2015 as Independents Week in the City
of Orem, which emphasized supporting independent businesses.
CITYMANAGER'SAPPOINTMENTS
Appointments to Boards and Commissions
There were no appointments to boards and commissions.
City Council Minutes - June 23, 2015 (p.11)
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
werelimitedtothreeminutesor less.
Bob Wright, resident, said there used to be a requirement for the city manager to reside in Orem.
That changed some years ago, and he said he thought the ordinance should be changed to require
it again.
Sam Lentz, resident, said he was excited about the opportunity to use Vote By Mail (VBM) for
the 2015 Election. He said VBM was an excellent tool to increase voter participation, and cities
had seen dramatic improvements in voter turnout. He also said it increased voter research when
they had the ballot ahead of time and could make more informed decisions when voting. Mr.
s s s sn z
paying the mayor a full-time salary. Some city council candidates were concerned about the
timing of the decision but he felt the decision should be based on what would be for the greater
good of residents, not what would be easier on the eleven city council candidates.
Jed Jensen, with Addict II Athlete, asked support for the 2015 Utah County Recovery Week. On
the morning of September 19, 2015, there would be the Fourth Annual Addict Il Athlete
Recovery Run at 8:00 a.m. The 5k run would begin at Cirque Lodge in Orem. They would like
the City's permission to put up a banner advertising the run and invited the Council and Mayor
to participate.
Heidi Clark, resident, said she would be greatly impacted by the Vote By Mail system. She had
missed elections in the past because of her health. She said if she could not leave her home to
vote, she would not have a voice. There were many people like her with voices that deserved to
be heard, and they were more important than how the VBM system would impact the candidates.
Sterling Bascom, resident, said there were many people at the senior center who had a hard time
getting out, including to vote, and the needs of the people should be considered. He said he
would be in favor of the Vote By Mail system. He expressed concern about the three-minute
limit for personal appearances. He said he hoped for some review on how discussions were
handled.
Jim Fawcett, resident, said he sent an email to the Council about the utility replacement plan
being proposed by the City. He said there appeared to be in the Budget funds set aside for
improvements for the proposed Lakeview annexation area. He said he did not want to have to
pay for the improvements through increased utility bills. He was concerned that the growth in
Vineyard would also affect his utility bills.
CONSENTITEMS
MOTION - Cancel the July 14, 2015 City Council Meeting
Mayor Brunst moved to cancel the July 14, 2015 City Council meeting. Mr. Macdonald
seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard F. Brunst,
City Council Minutes - June 23, 2015 (p.12)
Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed
unanimously.
SCHEDULEDITEMS
6:15 P.M. PUBLIC HEARING - General Plan and Rezone - Orem Assisted Living
RESOLUTION - Amending the General Plan by changing the land use designation from
Low Density Residential (LDR) to Community Commercial (CC) on approximately 0.93
acreslocatedgenerally at 1890North 800West
ORDINANCE - Amending Article 22-5-3(A) of the Orem City Code and the zoning map
of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93 acres
locatedgenerally at 1890North800West
Mr. Bench reviewed with the Council a request to amend the General Plan by changing the land
use designation from Low Density Residential (LDR) to Community Commercial (CC) and
the zone from R8-ASH to C2 on approximately 0.93 acres located generally at 1890 North 800
West.
The applicant was in the process of purchasing property located at approximately 1890 North
800 West which was located directly south of the IHC Instacare building. The applicant would
like to construct a new assisted living facility on the property with 100 living units. Part of the
applicant's property was already zoned C2, but approximately 0.93 acres was zoned R8. The
applicant proposed to rezone this part of the property to C2 in order to match the zoning on the
remainder of the property and to allow all of the property to be used for the development of the
assisted living facility. The proposed rezone would also allow the applicant to provide a full
on the property, but the project was never developed. Other applications had been proposed on
the property including Northtown Village (similar to Midtown Village) in 2005, and a high
density housing project for which a rezone request was denied in 2012. The property was
currently vacant.
Based on the findings of a traffic study, the applicant was proposing three (3) accesses to the
property including two (2) accesses onto State Street. A full access to 800 West to the west of the
providing these accesses, the traffic needs of the proposed assisted living facility as well as two
commercial pads to the east of the assisted living facility will be satisfied. A sidewalk will also
be provided from 800 West to the proposed assisted living facility.
The current General Plan designation for the 0.93 acres was Low Density Residential and the
applicant was requesting that this be changed to Community Commercial.
A neighborhood meeting for the proposed rezone was held on May 8, 2015. Five (5) neighbors
were in attendance. The concerns regarding the project dealt with access, building height,
number of units, fencing, traffic and setbacks from the residential neighborhood. Residents in
attendance were satisfied with the access on 800 West from the proposed project.
City Council Minutes - June 23, 2015 (p.13)
The Planning Commission recommended approval of the subject application and recommended
that the normal masonry fence requirement between commercial development and residential
zones be eliminated along the access to 8o0 West to avoid any problems with clear vision.
The Planning Commission recommended that the City Council amend, by resolution, the General
Plan by changing the land use designation from Low Density Residential (LDR) to Community
Commercial (CC), and amend, by ordinance, Article 22-5-3(A) of the Orem City Code and the
zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93
acres located generally at 1890North 800 West.
Mr. Macdonald said there was an assisted living project being built just down the road and
wondered if staff had discussed that with the applicant. He said there was a home on each side of
the proposed roadway. Mr. Bench said the home on the south was owned by the developer and
was a willing participant, and the home on the north was not part of the project.
Mark Hampton, applicant, said he became the owner of the property through foreclosure. He said
he develops senior living centers. They had studied the area and the information supported the
project as successful. It was a huge need in every community. The closest competition in Provo
the two pads in front for medical offices. Some communities had an overlay zone to fit the
proposed use. Orem did not, so he had to apply for a commercial zone. Assisted living facilities
made good neighbors. He said he believed it would be a good buffer between the residential and
the commercial on State Street. They were proposing two accesses because a single access did
not line up.
Mayor Brunst asked about the timeline. Mr. Hampton said he hoped to start construction on the
assisted living project by the fall. They did not yet have a specific plan for the office spaces.
Mr. Seastrand asked if the infrastructure would be installed with the initial construction phase,
and about emergency vehicle access. He said he would prefer a better turnaround at the stub-end
streettothesouth.
Mr. Hampton said the infrastructure would be installed with construction. The access for
emergency vehicles was adequate. He said he could not tell what route an ambulance would
come, but he anticipated it would come down State Street. As for the stub-end street, residents
said they did not want the facility to access the neighborhood through it.
Mr. Andersen asked about the size of the building. Mr. Hampton said 89,000 square feet. It
would be a two story building where ceiling heights would be about the same as residential
homes.
Mrs. Black asked about the height of this building compared with the facility in Provo. She also
asked about the number of staff. Mrs. Black said she had a mother-in-law in an assisted living
facility and had not noticed much traffic flow in and out.
Mr. Hampton said the Provo facility was taller. The entire facility would be two-story. He said
the number of staff would depend upon the time of day. He said they had a lot of experience with
City Council Minutes - June 23, 2015 (p.14)
this kind of facility. The back parking lot would accommodate employees. Studying all their
facilities, they found the highest parking use was Mondays at noon. Their proposed parking lot
would exceed the City's parking requirement. There would not, be a lot of in and out traffic
generally.
Mayor Brunst opened the public hearing.
Larry Lires, resident, said he lived next to the home the developer owned. He said he was against
the road and represented four of his neighbors on that issue and their concern for the safety of
children crossing it. The volume of traffic was high and traveled fast. Some neighbors were also
planning to sell their land for residential. In 2008 when the property was first rezoned, the
Council refused to grant the road to 800 West because of the traffic.
Jessica Street, resident, said she agreed that 80o West had a lot of traffic. She suggested the
Council consider putting in speed bumps to slow traffic. The increased traffic would make it
more difficult for children to cross, and there was no school crossing guard to assist them.
Ron Abram, resident, said the neighbors were assured there would be no access there and there
would be a privacy wall. Over the years the speed of the traffic had increased, and it was
dangerous for children. He wondered about the power line by the property and if it would have to
be moved. He said they felt all the traffic was coming their way. He could no longer back out of
his driveway.
Mr. Hampton said the access would be a curb cut like a driveway. It would be a secondary access
with signage marking it as private property. He said he was sensitive to the busyness of 800
West, but they did need a second access. The power line was not a problem.
Mrs. Black asked if there was a way staff could access the facility another way, and Mr.
Hampton said they would.
Sterling Bascom, resident, said it might be necessary to start filming drivers to help slow the
traffic on 8oo West. The police could not be everywhere at once, and it may help with the
speeding issue on that road.
At the request of Mr. Sumner, Paul Goodrich said 800 West was a collector street and wider than
most residential streets to accommodate more traffic. He reviewed the status of surrounding
streets and projected growth. Smaller streets tied into collector streets. A gate on the access
would slow down emergency vehicles or family members wanting to take their relatives to the
hospital. Speed bumps frequently resulted in law suits. He said the section in question was not
really a street but a driveway. There were two accesses on State Street, but they did not line up.
If there were too many offset accesses, the accident rate was likely to increase.
Mrs. Black asked if it could be marked as private access, and Mr. Goodrich said it could.
Mr. Sumner said he drove around the area and wondered if there had been any kind of traffic
count done. Mr. Goodrich reviewed some of the results from traffic studies, noting that it was
actually a bit low for a collector street compared to other collector streets in Orem.
City Council Minutes - June 23, 2015 (p.15)
Mayor Brunst closed the public hearing.
Mayor Brunst moved, by resolution, to amend the General Plan by changing the land use
designation from Low Density Residential (LDR) to Community Commercial (CC) on
approximately 0.93 acres located generally at 1890 North 800 West. Mr. Seastrand seconded the
motion. Those voting aye: Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald,
Mark E. Seastrand, David Spencer. Those voting nay: Brent Sumner. The motion passed, 6-1.
Mayor Brunst moved, by ordinance, to amend Article 22-5-3(A) of the Orem City Code and the
zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93
acres located generally at 1890 North 800 West. Mr. Seastrand seconded the motion. Those
voting aye: Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald, Mark E.
Seastrand, David Spencer. Those voting nay: Brent Sumner. The motion passed, 6-1.
6:15 P.M. PUBLIC HEARING-PD-44 Zone
ORDINANCE - Amending Section 22-5-1 and enacting Section 22-11-57 of the Orem City
Code to create the PD-44 zone
ORDINANCE - Amending Section 22-5-3(A) and the zoning map of the City by rezoning
property located generally at 1450 East 1060 North from the R12 zone to the PD-44 zone
Mr. Bench presented to the Council a request to amend Section 22-5-1 and enact Section 22-11-
57 of the Orem City Code (PD-44 zone), and amend Section 22-5-3(A) and the zoning map of
the City by rezoning property located generally at 1450 East 1060 North from the R12 zone to
the PD-44 zone.
e
Cove Estates subdivision. The applicant's lot was 1.32 acres (57,500 square feet) in size and the
applicant would like to construct an enclosed tennis court on the property that would have a
footprint of approximately 10,150 square feet.
The applicant was unable to construct the desired tennis court on his property because City
ordinances limited the size of accessory structures in the R12 zone (and other residential zones)
to no more than eight percent (8%) of the area of a lot. Based on the square footage of the
applicant's lot (57,500 square feet) the maximum footprint of an accessory structure on his
property was 4,600 square feet.
The applicant proposed to create a new PD-44 zone that would allow accessory structures to
cover up to twenty-five (25) percent of a lot if the lot exceeded one (1) acre in size. The area that
would be included in the new PD zone consisted of seven (7) single family homes, only one of
which (the applicant's) exceeded one (1) acre. If the PD-44 zone request was approved, the
applicant would be able to build an accessory structure that covers 14,375 square feet of his lot
and would allow him to build the tennis court structure that he desires.
e p a o sns sse p
proposed tennis court would be thirty-three (33) feet high.
In Section 22-11-1 of the PD zone code it stated that, “PD zones are not intended for use in
situations where a proposed development is reasonably feasible under one of the City's existing
City Council Minutes - June 23, 2015 (p.16)
zoning classifications." While the request was unique, the overall property could still be
developed in a reasonable manner under the current zoning.
fit within the Low Density designation of the General Plan.
A neighborhood meeting for the proposed rezone was held on April 23, 2015. Two neighbors
were in attendance and four others called the applicant about the meeting. No issues were
mentioned.
The Planning Commission recommended the City Council amend Section 22-5-1 and enact, by
ordinance, Section 22-11-57, PD-44 zone, and amend, by ordinance, Article 22-5-3(A) and the
zoning map of Orem City by zoning property located generally at 1450 East 1060 North from the
R12 zone to the PD-44 zone.
Mr. Macdonald asked for clarification as to where the tennis court would go, and Mr. Bench ·
referred to the map.
Mayor Brunst asked if the neighbors had any issues with the tennis court's proposed placement.
George Bills, applicant representative, said the neighbor's concerns were about the sidewalk and
he said the colors and style would be similar to the home.
Mrs. Black wondered about the feeling of the neighbor across the street who would be most
impacted. She also asked if it would look like a garage on the front of the building.
Mr. Bills said he did not know the feeling of that particular neighbor. Mr. Bench reviewed the
elevations of that side of the project, and Mr. Bills said it would not have the height of the home.
Mayor Brunst asked if it would be below ground level, and Mr. Bills said it would.
Mayor Brunst opened the public hearing.
Joe Brown, resident, said he was a friend and a neighbor and had confidence the building would
be beautiful. He said he supported the proposal.
Mayor Brunst closed the public hearing.
said it was in the process and was required to meet the ordinance. Mr. Seastrand said it seemed
an odd way to go about this and understood staff was looking at a better alternative. Mr. Bench
said staff was looking at improving the process and reviewing the ordinance.
Mrs. Black moved, by ordinance, to amend Section 22-5-1 and enact Section 22-11-57 of the
Orem City Code to create the PD-44 zone. Mr. Seastrand seconded the motion. Those voting
aye: Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald, Mark E. Seastrand,
David Spencer, Brent Sumner. The motion passed unanimously.
City Council Minutes - June 23, 2015 (p.17)
Mrs. Black moved, by ordinance, to amend Section 22-5-3(A) and the zoning map of the City by
rezoning property located generally at 1450 East 1060 North from the R12 zone to the PD-44
zone. Mr. Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret Black,
Richard F. Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner. The
motion passed unanimously.
6:25 P.M.PUBLIC HEARING -PD-8 Zone Interior Setbacks
ORDINANCE - Amending Section 22-11-20(K)(7) of the Orem City Code pertaining to
the setback requirements in the PD-8 zone at 800North Palisade Drive
Mr. Bench reviewed with the Council a request to amend Section 22-11-20(K)(7) of the Orem
City Code pertaining to the setback requirements in the PD-8 zone at 800 North Palisade Drive.
The applicant owned the Cirque Lodge property at the corner of 8o0 North Palisade Drive which
was zoned PD-8. The applicant would like to subdivide the property into two lots and then
construct a new building on the newly created lot. The PD-8 zone currently required buildings to
be set back a distance of twenty-five feet (25') or the height of the building, whichever was
greater.
In order to make the layout of the applicant's proposed new building work as desired, the
applicant requested that the PD-8 zone be modified to eliminate the setback requirement for
interior lot lines while leaving the setback requirement the same for all exterior property lines.
The proposed amendment would give the applicant additional flexibility in constructing a new
building while maintaining the setback protections for properties that are not a part of the PD-8
zone.
The Planning Commission recommended the City Council amend, by ordinance, Article 22-11-
20(K)(7) pertaining to the setback requirements in the PD-8 zone at 800 North Palisade Drive.
Mr. Macdonald asked for clarification on the location and asked if there was a fruit stand in that
space, and Mr. Bench said there were some fruit stands nearby but this area was frontage.
Mr. Seastrand asked about additional access from 800 North, and Mr. Bench said all access
would have to come off Palisade Drive. The subdivision plat would have cross and reciprocal
access and parking.
Mr. Macdonald asked if they were adding on to existing buildings, and Mr. Bench said it was a
separate building. He said the setback change would only apply to the PD-8 zone.
Mrs. Black asked about walkways, and Mr. Bench said that would be decided when the applicant
came to thePlanning Commission with a site plan.
capacity were not an issue.
closed the public hearing.
City Council Minutes -June 23,2015 (p.18)
(
pertaining to the setback requirements in the PD-8 zone at 80o North Palisade Drive. Mr.
Macdonald seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard F.
Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed
unanimously.
6:30 P.M. PUBLIC HEARING - 2014-2015 4" Quarter Budget Amendments
ORDINANCE - Amending the Current Fiscal Year 2014-2015 Budget
Richard Manning and Brandon Nelson reviewed with the Council a request to amend the current
Fiscal Year 2014-2015 Budget and, by ordinance, amend the Fiscal Year 2014-2015 Budget.
The Fiscal Year 2014-2015 City of Orem budget had many adjustments that occurred throughout
the fiscal year. These adjustments included grants and/or donations received from Federal, State,
and other governmental or private entities/organizations; acceptance of the new Palisade park
and thus, recording it was an asset in the city's accounting records; adding Northgate SID
revenues for additional funds received in order to pay associated expenses; and various other
smaller technical corrections or minor budget adjustments that needed to be made.
Mrs. Black asked about the property sale, and Mr. Nelson said it was just recognizing the sale of
the land in exchange for the improvements.
Mayor Brunst opened the public hearing.
Bob Wright, resident, expressed concern about the budget adopted earlier in June that increased
some fees. He said he felt they were exorbitant and unnecessary.
Mayor Brunst closed the public hearing.
Mr. Andersen asked about Northgate SID, and if they were current on payments. Mr. Nelson said
the owner sold property and the assessment was paid. He said they were current except for one
payment.
proposed. Mr. Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret
Black, Richard F. Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner.
The motion passed unanimously
RESOLUTION - Approving a fence modification for Stone Five Studios at 1510 East 840
North in the C1 zone
Mr. Bench presented to the Council a request to modify the fence for Stone Five Studios at 1510
East 840 North in the C1 zone.
The site plan for Stone Five Studios at 1510 East 840 North was approved in February of 2013
and the building has now been completed. The original site plan showed a seven foot masonry
fence where the Stone Five Studios property adjoins five residential properties as required by
City ordinances. The masonry fence requirement was intended to buffer adjoining residential
City Council Minutes - June 23, 2015 (p.19)
uses from the noise, light, traffic and other impacts that are typically associated with commercial
uses.
The ground between the Stone Five Studios property and the adjacent residential properties
slopes upward significantly so that the adjoining residential properties were significantly higher
than the Stone Five Studios building. The grade differential itself acted as a buffer between the
commercial property and the residential neighbors.
Because of the existing natural buffer, the applicant requested that the City Council modify the
fence requirement for its site. The applicant proposed to build a six foot cedar slat fence along its
western property line which would replace an existing dilapidated fence. The applicant requested
that the fence requirement be waived entirely as to the two residential properties to the north as
these two property owners have recently constructed their own fences which they wish to leave
in place. The applicant's proposed fence would match the cedar fence that was recently
Pursuant to Section 22-14-19(F) of the City Code, the City Council may modify the fence
requirementifitfindsthat:
1. The proposed fence provides an adequate buffer for the adjoining residential zone.
2. The appearance of the fence will not detract from uses in the residential zone.
3. The proposed fence will shield the residential use from noise, storage, traffic, or any other
characteristic of commercial or professional office uses that are incompatible with residential
uses
All five of the adjoining residential property owners had indicated in writing that they supported
the proposed modification and their letters were included with the agenda summary.
Staff had reviewed the proposed fence modification and believed the request met all of the
requirements listed above.
Mayor Brunst asked why they were requesting the modification from the 2013 site plan. Mr.
Bench said it was required then by ordinance but the owners have spoken with the neighbors and
they agreed that a cedar fence would be sufficient. Additionally, the topography of the area
presented challengesforfencing.
Mrs. Black said she was concerned about visible deterioration of cedar fences and wondered
what guarantee was in place that the fence would be kept up. Mr. Bench said it was part of the
site plan approval and if it came into disrepair the City could require that they fix it or replace it.
Mr. Sumner asked if it was all about cost. Mr. Bench said it was not all about cost, as there was a
height difference and concern about stability of the slope.
Mr. Macdonald said he guessed the neighbors would prefer wood, and asked about access. Mr.
Bench said all five property owners agreed they would prefer wood. The access would be only
from the west.
City Council Minutes - June 23, 2015 (p.20)
Mr. Macdonald moved, by resolution, to approve a fence modification for Stone Five Studios at
1510 East 840 North in the C1 zone. Mayor Brunst seconded the motion. Those voting aye:
Hans Andersen, Margaret Black, Richard F. Brunst, Tom Macdonald, Mark E. Seastrand, David
Spencer, Brent Sumner. The motion passed unanimously.
RESOLUTION -- Authorizing the 2015 Municipal Primary and General Elections to be
Administered through Vote By Mail and One Election Day Voting Center
Mr. Bybee reviewed with the Council a recommendation to authorize the 2015 Municipal
Primary and General Elections to be administered through vote by mail with one designated
Election Day voting center which will be located at the Orem City Center, 56 North State Street,
Orem,Utah.
Voter participation is an essential component of the City's representative form of government.
In recent years, the use of absentee ballots in the City's primary and general elections had
significantly increased. In the 2013 Municipal and General Elections, over 1,700 absentee
ballots were cast. This was a substantial increase from past election years where the number of
absentee ballots cast was approximately 150.
Utah Code 20A-3-302 authorizes the City to conductmunicipal primary andgeneral elections
entirely by absentee ballot.Other municipalities that had adopted the vote by mail election
format had seen significant increases in voter turnout. In 2013, nineteen Utah cities used vote by
mail and all reported an increase in voter turnout. West Jordan City, which was comparable in
size and population density to the City of Orem, saw a 150% increase in voter participation with
the implementation of vote by mail.
Utah Code also permits the City to provide an Election Day Voting Center for its residents. The
opening of one Election Day Voting Center at the City Center, 56 North State Street, Orem, Utah
Election Day Voting Center shall comply with the requirements of the Utah Code and will
remain open from 7:00 a.m. to 8:00 p.m. on election days.
At the June 9, 2015 City Council Meeting Work Session, the City Council expressed interested
in conducting vote by mail elections. The proposed resolution would implement vote by mail for
the 2015 Municipal Primary and General Elections.
Advantages of Implementing Vote by Mail: Vote by mail would provide City residents with
ballots and voting information approximately 30 days before the elections giving residents ample
time to review, consider and cast ballots. Additionally, implementation of vote by mail was
expected to significantly increase voter turnout.
Disadvantages of Implementing Vote by Mail: Administering the 2015 Municipal Primary and
General Elections using vote by mail would result in an increase in the overall cost of
administering the elections. Over time, however, election costs would be reduced through the
eliminationofvotinglocations andstaffingcosts.
Mayor Brunst asked about the normal process of a “traditional"' election versus the Vote By Mail
(VBM)process.
City Council Minutes -June 23, 2015 (p.21)
Mr. Bybee reviewed the process of a "traditional" election, saying that on the appointed election
days voters would go to their assigned polling location and cast their votes. The VBM process
was that all registered voters would receive an absentee ballot. The number of Orem registered
voters already on the permanent absentee ballot list was approaching 3,000. He said there were
about 46,000 registered voters in Orem.
Mr. Andersen asked about the process of signing up for the pennanent absentee ballot list.
Mrs. Weaver said traditionally absentee voting was a two-step process. An interested voter
would contact the City to have an application sent to them, or they could find the form online
and print it themselves. They would be sent an application that they would fill out and send back
with their signature. Then a ballot would be mailed to them, which they would vote and send
back. Once received, the poll workers would verify the signature on file with the signature on the
ballot. With all Vote By Mail, the County would provide access to the State-wide database for
signature comparison. She said those reviewing the signatures would go on the side of the voter.
Mr. Andersen asked if on the new voter registration forms there was an option to elect voting
absentee. Mrs. Weaver said there was an option to be put on the permanent absentee list.
Mrs. Black said the purpose of VBM was to make it easier and more convenient for voters. She
asked about other cities that had done it, and what their results had been.
Mr. Bybee said a comparable city that had utilized the VBM process was West Jordan and their
increase in voter turnout had been over 150 percent.
Mrs. Black asked if Orem had that kind of increased turnout then the cost for the election per
voter would be less, and Mr. Bybee said that was {rrect.
Mayor Brunst said there were several options for VBM. The City could pay return postage or opt
out. Some cities had provided return postage initially and then moved away from that. He asked
if Orem had provided return postage for the permanent absentee ballots they would normally
send.
Mr. Bybee said West Jordan had provided return postage for a VBM election, and in the last
legislative session the requirement to pay the return postage was removed. Paying the return
postage was now optional.
Mrs. Weaver said the City had not provided return postage for the current permanent absentee
ballots. Many voters brought their ballots directly to the Recorder's Office.
Mr. Bybee said of the 2,200 absentee ballots mailed for the last election, 1,700 ballots were
returned.
Mr. Seastrand asked since he was running for office, as was Mr. Andersen, if there was any
reason they should not vote on the issue.
City Council Minutes -June 23, 2015 (p22)
Mr. Stephens said he researched local law and around the country. His opinion was that there
was no conflict of interest for incumbent council members to vote on the issue. From a legal
standpoint there was no direct, identifiable benefit to the incumbent council members.
Mr. Spencer asked when Provo had looked at the VBM process. Mrs. Weaver said the Provo
mayor was a big proponent of VBM, but had changed his mind for this election.
Mr. Macdonald said he had spoken with residents and candidates. The only thing he envied of
Oregon was that they voted by mail and had the highest voter turnout in the country. He said he
was impressed by the process of reaching many people, and anything to increase voter
participation was something he was in favor of. He told of an experience he had with a young
man who would only vote if he could do it with his phone. He said with great respect to those on
either side of the issue, he was in favor of VBM.
Mrs. Black said she had interacted with residents and the overwhelming response had been in
favor of it.
Mr. Andersen said he did not believe it was the time for it.
Mr. Spencer said he had concerns about the timing of the suggestion. The perception was that
they were not being transparent and were rushing it.
Mr. Seastrand said he thought it was part of the process. He said everyone's lives had changed
and the Council should be looking to the future to engage the voters. He said he had been in
favor of VBM from the beginning. He said it would give the city as a whole a better opportunity
to reflect the wishes of the voters.
Mayor Brunst invited comments from the audience.
Sterling Bascom said he was concerned about voters being disenfranchised. It was important to
let people vote. Identifying a single day to vote eliminated many votes. It was not an issue of
ease; it was an issue of allowing people to vote.
David Kyle Herring said the people with the most money would get elected. Name recognition
was important. He said no one had an excuse not to vote. He said increasing public education
was the way to engage voters. He said he agreed with Mr. Andersen's suggestion to break Orem
into districts.
Lorne Grierson said he it was important to involve citizens but they needed to be educated about
the issues and the candidates. His concern was that the residents would show up on Election Day
because they had not read about the change in the voting method.
He expressed concern about the ballots being lost by the post office and also about the possibility
of his signature being disregarded because he was older than when he had first registered to vote.
Jessica Street said she was a candidate for Council and did not know there was an issue of VBM
until she attended the candidate orientation. She said her campaign period would be shortened
City Council Minutes - June 23, 2015 (p.23)
with VBM. Education was needed for the voters. She was also concerned by the decrease in poll
workers, as some poll workers relied on having that work.
Mrs. Black read a statement by Debby Lauret about VBM in favor of VBM. In the statement
read, Ms. Lauret said she was excited about engaging more voters. Mrs. Black asked the question
about voter fraud be addressed.
Mr. Bybee said in the last seventeen or so years that the state of Oregon had conducted all VBM
elections, they had fifteen cases of voter fraud state-wide.
Mr. Sumner said whenever there was an issue of concern the Councilmembers received many
phone calls and emails. He said the only two against it were candidates. He said he did not
understand the incumbent advantage claim. He felt this was an exciting time to move forward
and be proactive on improving voter turnout. He said he did not see how it could fail.
Mr. Herring said the typical voter voted for the people they knew or had connection to in some
way. Elected officials were a proven commodity and had a better ability to raise money.
Mr. Sumner said he had run three times, and he understood how the process worked. His name
s
Heidi Clark said that when people could sit at home and vote, they could research the candidates
and get educated rather than making a decision standing in line at a polling location. She said she
did not see any significant advantage to incumbents when voters were not familiar with the
system.
Mayor Brunst said he had also been contacted by residentsaand appreciated their input. He
reviewed the concerns that had been expressed. He did not see.the process would favor any one
candidate over another. As he had looked at it, hewas concerned that the candidate guide
indicated the City would be using the County to'condüict the election. Changing it after the filing
period was not acceptable to him. He said he did not want to set a'precedent in changing the rules
after telling people it would be something else. He said he was' in favor of it in the future but not
for this election.
Mrs. Black moved, by resolution, to authorize the 2015~MunioipaF Primary and General
Elections to be administered through Vote By Mail and One Election Day Voting Center. Mr.
Sumner seconded the motion. Those voting aye: Margaret Black, Tom Macdonald,
Mark E. Seastrand, Brent Sumner. Those voting nay: Hans Andersen, Richard F. Brunst, David
Spencer. The motion passed, 4-3.
COMMUNICATIONITEMS
MONTHLY FINANCIALSUMMARY-May2015
The Monthly Financial Summary was included in the packets distributed to the City Council.
CITYMANAGERINFORMATIONITEMS
There were no city manager information items.
City Council Minutes - June 23, 2015 (p.24)
ADJOURNTOACLOSED-DOORMEETING-CityManagerEvaluation
Mr. Macdonald moved to adjourn to a closed door meeting to discuss the character, professional
competence, or physical or mental health of an individual pursuant to Utah Code Section 52-4-
205(1)(a)). The meeting would be held in room #107, and the Council would adjourn when it
was over. Mr. Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret
Black, Richard F. Brunst, Tom Macdonald, Mark E. Seastrand, David Spencer, Brent Sumner.
The motionpassed unanimously.
The meeting adjourned at 8:35 p.m.
CLOSED-DOORSESSION
A closed-door session was held at 8:37 p.m. to discuss the character, professional competence, or
physical or mental health of an individual pursuant to Section 52-4-205(1)(a) of the Utah State
Brunst, Councilmembers Hans Andersen, Margaret Black, Tom Macdonald, Mark Seastrand,
David Spencer, and Brent Sumner.
The meeting adjourned at 9:39 p.m.
08
CORPORATE
SEAL
SonmmaRSeaver
Donna R.Weaver, City Recorder
Approved: July 28, 2015
City Council Minutes-June 23,2015(p.25)