City Council · 2015-10-13

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CITY OF OREM 
CITY COUNCIL MEETING 
56 North State Street Orem, Utah 
October 13, 2015 
4:00 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM 
CONDUCTING 
ELECTED OFFICIALS 
APPOINTED STAFF 
EXCUSED 
Mayor Richard F. Brunst 
Councilmembers Hans Andersen, Margaret Black, Mark.E. 
Seastrand, David Spencer, and Brent Sumner 
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; Gary Giles, Police 
Department Director; Charlene Crozier, Library Director; 
Jason Bench, Planning Division Manager; Paul Goodrich, 
Transportation Engineer; Keith Larsen, Traffic Operations 
Engineer; Sam Kelly, Engineer; Reed Price, Maintenance 
Division Manager; Steven Downs, Assistant to the City 
Manager; and Jackie Lambert, Deputy City Recorder 
Tom Macdonald 
DISCUSSION - Draft Transportation Master Plan 
Mr. Goodrich said they had been working on updating the City's Transportation Master Plan for 
the last several months with the aid of the Transportation Advisory Commission and Horrocks 
Engineers. They had received public input through the City's transportation web page and open 
houses. He said the plan would show the projected needs for the City's transportation 
infrastructure according to the population growth as projected by the Governor's office. Mr. 
Goodrich emphasized that the master plan was a tool for the future and would not financially 
constrain anyone for projects specified in the plan. He said the plan needed to be adopted to 
prepare for the projected growth as development took place, for setbacks, and other streets 
issues. Mr. Goodrich introduced Scott Henricksen with the Transportation Advisory 
Commission, and John Domy and Kevin Croshaw with Horrocks Engineers. 
Mr. Domy said they would talk about the high level and detail level processes for the 
development of the master plan. 
The City of Orem Transportation Master Plan 
•
Transportation Master Plan Process
o
HighLevel
City Council Minutes-October 13, 2015 (p.l) 



•
MAG's (Mountainland Association of Governments) Travel Demand
Model: High Level Regional Analysis Roadway Level of Service or
Capacity Level
o
DetailedLevel
•
Micro-simulation Model (VISSIM/Sync!iro): Corridors and Intersections
o
Public Involvement
•
Public Comments Received
•
Public Open House
•
Comment Categorization
•
Transportation Master Plan Elements
o Traffic Calming Guidelines
o
Traffic Study Guidelines
o
Access Management Program
o, Speed Limit Review 
o Orem Pass-Through Traffic
o
Capital Improvement Plan
•
Level of Service (LOS)
o
LOS A-LOSF.
o
Road Segment Level of Service
•
LOS C or better:
•
400North
•
400 East
•
LOSO:
•
North State Street
•
LOS E or worse:
•
University Parkway
•
South State Street
•
1600 North
o
Road Segment and Intersection Level of Service
o
Existing Level of Service (map)
o
2025 No-Build Level of Service - Existing Roadway Network with 2025 Traffic
Volumes (map)
o Level of Service Comparison-North of Center Street (map)
o
Level of Service Comparison- South of Center Street (map)
o MAG Regional Transportation Plan and UDOT (Utah Department of
Transportation) Projects (map)
o
10 Year CIP (Capital Improvement Project) Roadway Projects (map)
o
10 Year CIP Intersection Projects (map)·
•
10 Year CIP Phase 1 (2016-2020) Notable Projects:
o Needed Capacity Improvements
•
1600 North
•
1200 West
•
University Parkway
o
Needed Traffic System Improvements (i.e., Safety, Circulation, Economic
Development, etc.)
•
1600 West
•
1200 South and 400 West Intersection
City Council Minutes-October 13, 2015 (p.2) 
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•
700 North and Orem Blvd. Intersection
o
Costs
•
Total Cost-$78 .2 Million
•
Total Cost with Inflation -$91.8 Million
•
Orem Cost with Inflation -$7.7 Million
•
10 Year CIP Phase 2 (2011-2025) Notable Projects:
o
Needed Capacity Improvements
•
Center Street
•
800 East
•
1600 North
o
Needed Traffic System Improvements (i.e., Safety, Circulation, Economic
Development, etc.)
•
Lakeview Parkway
•
1200 South
•
State Street and Center Street Intersection
o
Costs
•
Total Cost -$87 .2 Million
•
Total Cost with Inflation -$91.6 Million
•
Orem Cost with Inflation -$ 19 .I Million
•
IO Year CIP (2016-2025) Total Cost
o
Total Cost -$ I 65.4 Million
o
Total Cost with Inflation - $ I 83 .4 Million
o
Orem Cost with Inflation -$26.8 Million
•
Level of Service ( cont.)
o
2040 No-Build Level of Service - Existing Roadway Network with 2040 Traffic
Volumes (map)
o
Level of Service Comparison -North of Center Street (map)
o
Level of Service Comparison - South of Center Street (map)
o
2040 Roadway Projects (map)
o
2040 Intersection Projects (map)
o
Existing Functional Classification (map)
o
2040 Roadway Network Functional Class - if all Proposed Projects Completed
(map)
•
Funding and Cost
•
Percent Pass-Through Traffic (map)
•
Orem Friction Points (map)
•
Speed Limit Analysis (maps)
Mr. Dorny noted the following: 
•
They used a travel demand model, which everyone in the state used, to determine traffic
situations in the future.
•
They looked into the detail level with microsimulations, level of service, etc., and helped
the local jurisdiction look at the information.
•
For public comment they used open houses, hotline, email, website, workshops, etc.
Some input was relevant to the Transportation Master Plan, but some was about issues
such as potholes small road maintenance concerns.
City Council Minutes - October 13, 20 IS (p.3) 



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As requested at the last work session, they reviewed some speed limits across Orem and
did a study of pass-through traffic.
•
The most important thing was the capital improvement plans (CIP) for what needed to be
built in the future and how much would it cost.
Mr. Domy explained Level of Service (LOS) compared to pipe flow, saying grades A, B, and C 
were acceptable. LOS D was also considered acceptable to UDOT, but beyond that nothing was. 
Once a road reached LOS E and F, traffic tended to move over to smaller roads. The human 
element came into play, depending upon how drivers felt on a particular road. 
Mr. Domy reviewed some of the travel demand model's built-in parameters from the MAG 
tables. He said the LOS could change on certain road segments, depending upon friction factors 
like driveways, on-street parking, school zones, etc. The maps would have LOS conditions based 
on the numbers from the table, but friction factors needed to be taken into consideration on the 
detailed levels. 
Mr. Goodrich said if a driver were waiting for the green light and did not make it through, that 
intersection was probably and LOS F. A fix now might seem simple, but he questioned how to 
deal with it in 2040 with the county's anticipated growth. He said sitting through one or two 
lights might be acceptable, but three and up were not. Mr. Goodrich said road projects were 
prioritized based on the biggest failures and the highest number of people affected. They could 
only qualify for federal funding if their projects were identified on a plan. This was why the City 
needed a Transportation Master Plan. 
Mrs. Black asked how left turns fit in the categorizing of an intersection. 
Mr. Goodrich said the MAG tables only showed segments of roadway. Staff would then get into 
the microanalysis and look at how many cars were trying to get through during the day and 
evaluate the intersection timing. The plan would show major projects that needed to be done in 
the next ten years. 
Mr. Sumner said there came a point where time was increased for left turns. He asked how often 
that was adjusted. Mr. Goodrich said time of day was the problem. During the commute home, 
with 50,000 vehicles on the main line, side streets might have much shorter lights to 
accommodate the high volume flowing along the major corridor. 
Mr. Larsen said left tum volumes were usually smaller compared to the larger through-traffic 
numbers. He said 80 to 90 percent of the traffic would be through traffic. 
Mrs. Black asked if that was the case with Center and State, University Parkway and 800 East. 
Mr. Larsen said through traffic was still the major movement. 
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Mr. Domy said there could be specific issues with signal timing that would need to be looked at. 
He reviewed a map showing those streets that were considered acceptable or unacceptable I
according to their grades during peak drive time. He said it was important to look at the roadway 
segments to see what needed fixing. He said if the City did not widen roads, and if the population 
still grew, certain roads would be listed as unacceptable. 
City Council Minutes-October 13, 2015 (p.4) 



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Bob Wright asked if there were traffic-sensitive things that could be done. He said sometimes he 
would be sitting on a side street and no one was crossing over the main road. He questioned why 
the signal would not change. 
Mr. Dorny said there were many different ways to detect those issues, and City staff would 
research those. Mr. Goodrich said they would do that. 
Mayor Brunst asked to what extent the problem would get worse in ten years. Mr. Goodrich 
pointed out different levels on a number of roadway segments. He said they needed to determine 
whether to tackle the big projects or do the smaller projects first. There was some funding 
assigned for 1600 North, for example, and there needed to be some discussion on what was least 
impactful but would provide the best solution for the area. 
Mr. Dorny said there were degrees of F: F-, F, F+, etc., and the engineering department would 
need to prioritize CIP projects based on those. He said there were three phases of MAG projects 
which would be done over the coming years, with some prioritization according to need and 
funding. 
Mr. Goodrich said MAG had identified those because they were on the current Transportation 
Master Plan. The City could not receive funding from MAG until a project was approved. 
Mr. Dorny said MAG had done some studies, but microanalysis by the City could change some 
of the prioritization. The City needed to have some discussions and decided which projects to 
push. 
Mayor Bruns! asked if that included a discussion of maintaining existing roads. Mr. Dorny said 
there would be different funding packages, with only certain money allotted for maintenance. 
Mayor Brunst said they were only funding half of what really needed to be done, and conditions 
could get worse. He reflected that if they were not willing to pay for the future, they would have 
a bleak future. 
Mr. Andersen asked if County funds could be used since the roads were regionally significant. 
Mr. Goodrich said they had asked. The response had been that the County did not know, but they 
did not think it would be approved. He said that, if two different cities were competing for the 
same fund and offered different matches, the County would go with the higher match. He said 
the County was trying to spread more men and more money around. The City would be eligible 
to apply for County funds for the first time in the next go around. 
Mr. Dorny showed a map of ten years of projected CIP intersection projects. If the plan were 
adopted, it did not mean specific projects were funded, merely that they would be considered. 
Phase 1 was for five-year notable projects which included: 
•
1600 North
•
1200 West
•
University Parkway ( capacity based)
•
1600 West
City Council Minutes-October 13. 2015 (p.5) 



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The 1200 South and 400 West intersection
•
700 North and Orem Blvd
He said that if they took all the projects it would be $78.2 million. With inflation it would be 
$91.8 million, so Orem's portion would be $7.7 million. 
Phase 2 was ten years and included: 
•
Center Street
•
800 East
•
1600 North
•
Lakeview Parkway
•
1200 South realignment
•
State and Center intersection
Mayor Brunst said that over ten or fifteen years it would be approximately $28 million over and 
above what was already there, and that did not include maintenance but was just for CIPs. He 
said the transportation sales tax would help ease that burden, and the County would get more 
money that could help them help more cities. Currently, the funding was not there. 
Mr. Domy said that from his professional experience the document would be out of date as soon 
as it was approved. 
Mayor Brunst said wear and tear on the roads was a real concern. 
Mr. Domy said some Orem roads were gateways to other cities, so the wear and tear was not just 
by Orem residents. If nothing was done up to 2040, many roads would be at unacceptable levels. 
He shared a list ofroadway projects based on need up through 2040. He reiterated that approving 
the master plan was not guaranteeing that each and every project would happen in the order in 
which it was presented; it was a guiding document. 
Mr. Goodrich said that, with the plan, a developer would know where to put the setbacks even if 
the road improvements were still years down the line. Looking at the major arterials, by 2040 
those roads should be four or five lanes, if the growth projected by the Governor's office took 
place. The City could go to MAG for funding. Some problems could be solved with restriping. 
Mayor Brunst noted there were twenty other communities vying for MAG dollars, with a lot of 
push and shove to move up on the priority list. The more the county grew, the greater the 
competition would be. 
Mr. Goodrich said every two years they made project requests to MAG. He said a few were 
approved, but fewer than half were accepted. MAG money was not guaranteed, though major 
projects were typically funded. 
Mr. Davidson said there were technical committees that would prioritize projects, but they were 
also prioritized on regional needs. 
City Council Minutes-October 13, 2015 (p.6) 
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Mr. Sumner asked if the prioritization was based on presentation. Mayor Bruns! said there was 
methodical and unbiased process, but Orem was not the only city at the fable. Eagle Mountain, 
for example, could outdistance Orem in need easily because it was a large land city. 
Mr. Goodrich said they hoped to come back to the Council in a month or two with a resolution to 
adopt the plan. He reiterated that it would be a guiding document that would need to be updated 
to accommodate growth asit happened. 
Mr. Dorny said they had done the master plan for Spanish Fork City in its attempt to stay ahead 
of, including lobbying UDOT and MAG. He said that Horrocks Engineers had stayed involved, 
and they could be used as a mechanism to move up the prioritization list. On January 1, 2016, a 
gas tax would go into effect. If Proposition 1 passed, that would potentially provide more 
funding annually. 
Mayor Brunst said if the population grew as forecast, the sales tax could mean close $600 
million for the County and $60 million for Orem. 
Mr. Goodrich said that if popul!ltion went up, funding would go up. 
Mr. Seastrand asked if there had been any research on what could be done to change the trend, 
such as people driving different types of cars. 
Mr. Goodrich said there were many trends comparing Orem to the national average. He said that 
a single-family in Orem generated fourteen trips a day, while the national average was ten. He 
said Millennials might have different patterns. That could go down. He said more employers 
were willing to have flexible work schedules, technology allowed employees to work from 
home, etc., all of which could lessen the impact on the roads. The projects are based upon 
patterns continuing as they have been over the past. He said there were existing needs and there 
would be future needs. Orem had only State Street east of 1-15 and did not have the ability to 
carry north-south traffic like other cities the same size. 
Mayor Bruns! said that pointed out a serious need in the future.• 
Mr. Sumner asked if the draft of the Transportation Master Plan would be available. Mr. Downs 
said the draft could go up on the City's website. 
Mrs. Black said she wanted it to be clear that this had not been approved yet. 
5:00 P.M. STUDY SESSION PUBLIC SAFETY TRAINING ROOM 
CONDUCTING 
ELECTED OFFICIALS 
APPOINTED STAFF 
Mayor Richard F. Bruns! 
Councihnembers Hans Andersen, Margaret Black, Mark E. 
Seastrand, David Spencer, and Brent Sumner 
Jamie Davidson, City Manager; Brenn Bybee, Assistant 
City Manager; Greg Stephens, City Attorney; Richard 
Manning, Administrative Services Director; Bill Bell, 
City Council Minutes-October 13, 2015 (p.7) 



EXCUSED 
Development Services Director; Karl Hirst, Recreation 
Director; Chris Tschirki, Public Works Director; Scott 
Gurney, Fire Department Director; Gary Giles, Police 
Department Director; Charlene Crozier, Library Director; 
Jason Bench, Plarming Division Manager; Paul Goodrich, 
Transportation Engineer; Sam Kelly, Engineer; Steven 
Downs, Assistant to the City Manager; and Jackie l;ambert, 
Deputy City Recorder 
Tom Macdonald 
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. 
There was some discussion about the proposed potential multiunit project near UVU. Concerns 
included some of the following: 
•
People in the neighborhoods had already been having meetings about it.
•
The neighbors, developers, and UVU should all be involved in any discussions.
•
Was UVU buying up homes near the campus as they became available for sale?
•
UVU did not own property and was not trying to get it developed.
•
Orem was in the middle and expected to make the decision on this and other issues
between UVU and the neighborhoods.
•
Many families wanted to sell their land in the area for the best price.
•
Council member should. not take a position on an issue before it had gone through the
process.
•
There needed to be a willingness to have an open conversation.
•
The Orem Owlz were concerned the stadium would be torn down for student housing,
though President Holland said the plan was to keep it at least for ten years.
•
There should be a process whereby a few key individuals representing the
neighborhoods, university, City, and the developer to get together for a conversation.
That would also allow the Councilmembers to answer people's questions ahd inform
them of what the City was doing to bring the parties together.
•
The Council should be apprised of the process but not be directly involved.
•
So far, the only thing submitted to the City was an application for a zone amendment and
a concept plan.
•
If UVU purchased the property, the entire process would be out of the City's hands. The
university could build a parking lot or a five-story building or a ball field .and the City
would not have any say on it.
Mayor Brunst reported that he had met with some women from all over the world who were 
attending an international conference, "Women of the Mountain." The women said they would 
City Council Minutes -October 13, 2015 (p.8) 
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like to replicate what they saw in Orem in their own cities. They said they felt it was a very 
peaceful place, and they felt very welcome. 
The Council adjourned at 5:54 p.m. to the City Council Chambers for the regular meeting. 
6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS
CONDUCTING 
ELECTED OFFICIALS 
APPOINTED STAFF 
EXCUSED 
INVOCATION / 
Mayor Richard F. Bruns! 
Councilmembers Hans Andersen, Margaret Black, Mark E. 
Seastrand, and Brent Sumner 
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 Tschirl<l, Public Works Director; Scott 
Gurney, Fire Department Director; Gary Giles, Police 
Department Director; Charlene Crozier, Library Director; 
Jason Bench, Planning Division Manager; Paul Goodrich, 
Transportation Engineer; Sam Kelly, Engineer; Steven 
Downs, Assistant to the City Manager; and Jackie Lambert, 
Deputy City Recorder 
Tom Macdonald 
INSPIRATIONAL THOUGHT 
John Reinhard 
PLEDGE OF ALLEGIANCE 
Johnathan Hayes 
APPROVAL OF MINUTES 
There were no minutes ready for approval. 
MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL 
Upcoming Events 
The Mayor referred the Council to the upcoming events listed in the agenda packet. 
Appointments to Boards and Commissions 
Mr. Andersen moved to appoint Nancy Peterson and Joseph Sorensen to the Arts Council. Mr, 
Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret Black, Richard F. 
Bruns!, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed. 
Mr. Andersen moved to appoint Chris Bennett to the Community Development Block Grant 
Advisory Commission. Mr. Seastrand seconded the motion. Those voting aye: Hans Andersen, 
·Margaret Black, Richard F. Bruns!, Mark E. Seastrand, David Spƍncer, Brent Sumner. The
motion passed.
City Council Minutes-October 13, 2015 (p.9) 



Mr. Andersen moved to appoint Kenneth Bonney and Suzanne Stratton to the Library Advisory 
Commission. Mr. Seastrand seconded the .motion. Those voting aye: Hans Andersen, Margaret 
Black, Richard F. Brunst, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed. 
Recognition of New Neighborhoods in Action Officers 
There were no new neighborhood officers recognized. 
PROCLAMATION -Extra Mile Day 
Mayor Bruns! read the proclamation for Extra Mile Day, designating November 1st as a· day to 
acknowledge the efforts of Orem citizens in volunteer work and community service to make a 
difference in the community and improve lives. Mrs. Black moved that the proclamation be 
accepted. Mr. Andersen seconded the motion, The motion passed unanimously. 
PRESENTATION - United Way Day of Caring- Bill Hulterstrom 
Mr. Bybee introduced Mr. • Bill Hulterstom, United Way director in Utah County. Mr. 
Hulterstrom presented a water color painting of City Hall to the Council. He reported that Orem 
City employees had participated in five major projects on the United Way Day of Caring. The 
project leaders were ChȹIene Crozier, Ryan Clark, Reed Price, Gena Bertlesen, and Laura 
Bascom. He thanked the City employees for their amazing contribution. He said that the effort at 
Nielson's Grove was the most prepared and best organized of all the projects that day throughout 
the county. 
PRESENTATION - Miss Orem Float Awards 
Miss Orem Jessie Craig said the Orem City float had won three awards from parades around 
Utah County. They won the Leaders of Tomorrow Award and the Heritage Award at the 
American Fork Steel Days Parade, and a creative .design award at the Freedom Festival parade in 
Provo. Ms. Craig presented the awards to Mayor Brunst 
CITY MANAGER'S APPOINTMENTS 
Appointments to Boards and Commissions 
There were no appointments to boards and commissions. 
PERSONAL APPEARANCES 
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. 
Murray Lowe, resident, said he represented a group of concerned Orem residents about a 
proposed high density development at 800 South and 800 West which would impact the area. 
They had begun collection signatures for a petition against the project and were prepared to 
come to the Council meeting in force. He was concerned that the rezoning requirements were 
being applied in a way that was arbitrary and capricious. He said a petition had been started 
which had more than 350 names so far. They felt that this kind of development could change 
Orem's identity. He requested an enhanced moratorium on high density projects. 
City Council Minutes-October 13, 2015 (p.10) 
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Jim Fawcett, resident, reviewed the following concerns: 
•
He had sent an email to the Council to read regarding a water tank in Orem and Vineyard
after reviewing plans from Orem and Vineyard.
•
He liked State Street as it was. It was a man's street because it had hamburgers and pizza,
and he liked the on-street parking.
•
He did not want form-based code and smart code for Orem.
•
He moved to Orem because he liked it the way it was.
•
He wanted capitalism to push the growth and not the Council.
•
The City was approving too many high-density residential units and was pushing for
more.
•
The plan would get rid of commercial and retail and 185 feet of residential.
John Reinhard, resident, said he wanted to address the State Street master plan. Because it would 
have such an effect Orem so much, the City needed to let as many people as possible needed to 
know about the plan so residents could give feedback. He suggested a mailer be sent out and 
should include some of the unpopular items in the master plan, such as the number of units and 
the height of buildings. He said there should be alternatives provided so residents had multiple 
options. He wondered if other cities that had done something like the plan and what their 
outcomes had been. 
CONSENT ITEMS 
There were no Consent Items. 
SCHEDULED ITEMS 
RESOLUTION Request for the Utah Judicial Council to Recertify the Orem Justice Court 
and Commitment to Continue Complying with the Operational Standards for Maintaining a 
Justice Court 
Richard Manning, Administrative Services Director, recommended that the City Council, by 
resolution: (1) request the Utah Judicial Council to recertify the Orem Justice Court, and 
(2) agree to continue complying with the operational standards for maintaining a justice court.
Orem had been successfully operating a Justice Court since September 1, 2010. The Utah 
Judicial Council recertified Orem's Justice Court in February, 2012. State law required 
municipal justice courts to be recertified every four years. The Orem Justice Court's current 
certification would expire in February, 2016. To extend the Justice Court's certification, the City 
needed to submit a recertification application to the Justice Court Standards Committee by 
October 30, 2015. 
The City needed to submit the following three documents as part of the recertification request: 
1. An opinion letter from the City Attorney to the City Council outlining all requirements
for operating a justice court and giving an opinion regarding the feasibility of maintaining
a justice court.
City Council Minutes-October 13, 2015 (p.11) 



2. A Court Certification Affidavit from the Justice Court judge stating that the Orem Justice I
Court meets specified statutory and regulatory requirements.
3. A Resolution from the City Council requesting recertification of the Justice Court and
agreeing to continue complying with the justice court operational standards for the term
of the recertification (four years).
Documents I and 2 had been completed and submitted to the City Council for review. The 
proposed resolution satisfied the requirements for Document 3. 
Mr. Manning said this was a once every four years process. He reviewed the steps for 
recertification of the court: 
•
Court business is held at a location conducive to a court
•
Court is open hours and days prescribed by the State
•
Compensation for the Judge meets parameters outlined by the state
•
Court employees are trained
•
Public prosecutors and public defenders are provided as needed
•
Fine monies are handled as required using the State software and that which belongs to
the-State is remitted to the State
•
Courtroom is furnished as prescribed
•
Security is provided as prescribed
•
Staffing needs meet the minimums
Mr. Sumner asked about (I) the Class 1 Court category; and (2) if there was a chance of the 
number of cases falling. 
Judge Parkin said there were around 17,000 to 18,000 filings a year, and the Class 1 category 
was because of the number of cases filed. He said filings were down statewide, but there had not 
been a significant dip. He said it was a full-time court. 
Mrs. Black moved, by resolution, (1) request that .the Utah Judicial Council to recertify the Oretn 
Justice Court and (2) agree to continue complying with the operational standards for maintaining 
a justice court. Mr. Seastrand seconded the motion. Those voting aye: Hans Andersen, Margaret 
Black, Richard F. Brunst, Mark E. Seastrand, David Spencer, Brent Sumner. The motion passed, 
unanimously. 
CONTINUED ITEM - 6:00 P.M. PUBLIC HEARING - Amending A1mendix A - Standard 
Land Use (SLU) Codes 
ORDINANCE- Amending Appendix A of the Orem City Code pertaining to standard land 
uses in the C2 and other zones of the City 
Mr. Bench presented Development Services' request that the City amend Appendix A of the 
Orem City Code pertaining to standard land uses in the C2 and other zones of the City. 
This item was continued from the September 22, 2015 City Council meeting to allow for further 
noticing. Based on input and discussion since the last public hearing, staff recommended that the 
City Council Minutes-October 13,2015 (p.12) 
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following Standard Land Use Codes be left unchanged (and remain as permitted uses) at this 
time: 
•
2431 (Cabinetry, furniture and fixture manufacturing);
•
6232 (Tattoos & Body Piercing);
•
6517 (Animals Kennels and Runs); and
•
7412 (Ski, Snowboard and snowshoerental when done in conjunction with a golf course)
Staff will continue to research appropriate land uses along the corridor including conducting 
surveys and other methods to determine any future changes to the existing SLU Codes. 
The C2 zone was "established to promote commercial and service uses for general community 
shopping." The majority of the C2 zone was located along State Street which served as a major 
commercial corridor in the City. 
The City recently hired an outside consulting firm to conduct a study of State Street and to create 
a master plan that included recommendations regarding the future growth and development of 
State Street. The vision statement of the completed State Street Master Plan encouraged future 
development that would result in an "enhanced community image and identity" and that would 
"promote a family-friendly culture while becoming an attractive, urban lifestyle alternative for 
residents, businesses and visitors." 
In light of the objectives described in the vision statement, staff had undertaken a review of the 
currently permitted uses in the C2 zone to determine what currently permitted uses might be 
incompatible with the new vision for State Street as well as new uses that might now be 
appropriate. Following the review, staff had identified and was now proposing to eliminate a 
number of permitted uses that appeared to be incompatible with the future vision for State Street 
and to add new uses that were compatible. 
The uses that were being proposed for elimination as permitted uses in the CZ zone included ice 
manufacturing, lumber yards, farm equipment, fuel dealers, chimney sweep, crematory services, 
and golf driving ranges. Although these uses were proposed for elimination from the C2 zone, 
they were either currently permitted, or were being proposed to be made permitted in other zones 
as part of this application. They would not be eliminated from the City. 
The uses that were proposed to be added to the CZ zone as permitted uses include intermodal 
(station), office/warehousing (rather than storage units), medical and dental labs, fennis courts, 
ropes course, and indoor soccer facilities. 
A review of current business licenses showed that if the City Council excluded SLU Codes 2431, 
6232, 6517, and 7412 from consideration there were no current businesses that would be affected 
by the proposed changes. 
Mr. Bench reported that there was also an active business that fell under the SLU 5181 
(Commercial and Industrial Business Supplies) category at 1145 North State Street. He said that 
business had not been discovered previously because they did not have an active business 
license, but they were going to rectify that. 
City Council Minutes-October 13, 2015 (p.13) 



The Planning Commission recommended that the City Council amend Appendix A of the Orem 
City Code pertaining to pennitted uses in the C2 and other zones of the City. Staff supported the I· 
recommendation of the Planning Commission. 
Mr. Bench said they were recommending removal of some uses and some they thought could be 
added to the zone. None of the uses coming out of the code had current businesses. He clarified 
that though certain businesses might be removed from the C2 zone, they would still be permitted 
in the· Ml, M2, etc. zones. He said allowing certain SLU codes to expand went against the 
purpose of having SLU codes. 
Mr. Bench noted there had been a discussion about allowing the nonconfonning businesses to 
expand but that would open up the door to any nonconfonning businesses on State Street to 
expand which the City wanted to discourage. He said the whole purpose of a nonconfonning use 
was to not continue in perpetuity. 
Mr. Andersen asked what criteria were used to identify those uses for removal. He questioned 
why a lumber yard, chimney sweep, or crematory was considered undesirable. 
Mr. Bench said as staff was recommending additional office and retail uses on State Street, and 
those businesses would be, more appropriate in a manufacturing zone. He said the City was not 
against any of those types of businesses. 
Mayor Brunst opened the public hearing. 
Jim Fawcett, resident, said Mr. Bench mentioned that certain things needed to be removed 
because of increased retail in the master plan. Mr. Fawcett said the master pian draft that was 
coming up showed a 40 percent decrease in retail availability. 
Denise Haynie, resident, asked why the City would allow dental and medical labs in the zone 
since those were manufacturing businesses. 
Mr. Bench said dental labs were typically clean environments and were smaller, research-type 
labs with small equipment rather than a fidlƎblown manufacturing-type business. 
John Reinhard, resident, inquired about an indoor soccer facility: how large it might be, if it 
required extra parking, and if games would be hosted there. He said the other listed uses seemed 
rather generic, but that one was very specific and might be out of character with the proposed 
plan. He wondered how they fit into the node structures. 
Gary Sorrells, resident, said he had spoken on this issue at the last meeting. The City Council had 
a lot of power and control in the lives of the people and their posterity, and he asked Council 
members to read the Tenth Amendment and study the constitution. He said the State Street .issue 
was a local decision and cautioned the Council that when they made the decision to tag some 
businesses as "undesirables," it was a slippery slope. He recommended they not go down it. 
J. Henry Calas Duran, resident, said he also spoke last time. He asked the Council to consider the
fact that entrepreneurism was about growth and being able to maximize return on investment. He 
said he had spoken with Wells Fargo Bank, and they said they did not like to lend money to 
businesses that were legal nonconfonning, because it went against their security on their 
City Council Minutes-October 13, 2015 (p.14) 
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investment. He asked that the Council keep in mind the nature of the investment, the work, and 
the commitments to loans and mortgages these businesses had made to invest in the community 
and rehab a location. 
Chris Van Leuven, a resident of Springville and owner of Arcane Art owner, expressed his 
gratitude for the reconsideration. If any changes were to be considered in the future he would be 
happy to meet with City representatives. He said that he had talked with his landlord to see if he 
could continue his business if it were nonconforming. For future Council decisions, he suggested 
that more research be done, perhaps by an outside panel, and that people contact him and visit 
his business. He said he thought successful businesses were more attractive than those that 
opened and then shut down. 
Mayor Brunst closed the public hearing. 
Mr. Spencer asked Mr. Calas what his business was. Mr. Calas said it was pet resorts and pet 
hospitals. He said he had brought his building up to code to meet zoning standards at a cost of 
nearly half a million dollars. 
Mr. Andersen said that based on what he had heard so far he was opposed to the change. He said 
Mr. Sorrells' business could come under "farm equipment" and "commercial/industrial." Mr. 
Andersen said he was unsure how chimney sweeps or crematory services were on the list and 
questioned why some of the uses were being eliminated. He said he felt the proposed ordinance 
interfered with private enterprise. 
Mayor Brunst said he thought the requests were reasonable. He said that, for air quality purposes, 
those businesses should be allowed to continue to operate, but they were best built in the 
manufacturing zone. He said he was closely familiar with that because of his own business. He 
said the proposed change was in the best interest of the City and was beneficial to State Street. 
Mrs. Black said she was in favor of them being eliminated because no current business would be 
affected. There was a great desire on the part of the citizens of Orem to improve State Street, and 
she felt these businesses were more useful in other zones. 
Mr. Seastrand said it was not unusual to have limited uses in certain zones. There were some 
uses that did not fit in specific zones. There had been recent decisions about having chickens in a 
residential zone. He said that, as the City looked to the future, they needed to ask what made 
sense. He wasn't sure what was involved in ice manufacturi.ng, but there currently were no 
businesses that did that in the zone. He asked if it would be possible foF-a company that wanted 
to start an ice manufacturing company in that area to petition thv, Cify. 
Mr. Bench said they could go through the process. 
Mr. Seastrand asked about Mr. Sorrells' business. Mr.' Bench 'confirmed that it would be a 
permitted use. Mr. Seastrand said there were factors and 'logical reason&-such as large trucks 
loading and unloading-for why certain uses would not fit in a C2 zone but would be a very 
good fit for a manufacturing or industrial zone. He said those 'businesses would still be allowed 
in Orem, but in a manufacturing zone. 
City Council Minutes - October 13, 2015 (p.15) 
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Mr. Earl said the proposal would keep in agricultural equipment, which would still allow sales of 
farm equipment. 
Mr. Seastrand clarified that he did not anticipate seeing combines and such sold on State Street. 
He asked about the reasoning concerning fuel and ice dealers. 
Mr. Bench cited large storage tanks for fuel like liquid propane. He said a golf driving range 
would take up a lot of real estate on State Street that could have a better use for tax purposes 
Mr. Seastrand asked about crematory services, and Mr. Bench said that with new technology 
they would probably not be as big an issue, but in years past the technology of it was somewhat 
invasive. Mr. Seastrand reaffirmed that some uses were better in a manufacturing zone and future 
requests for exceptions could be submitted to the Council. 
Mayor Brunst moved, by ordinance, to amend Appendix A of the Orem City Code pertaining to 
standard land uses in the C2 and other zones of the City as outlined and without eliminating SLU 
code 5181. Mrs. Black seconded the motion. Those voting aye: Margaret Black, Richard F. 
Brunst, Mark E. Seastrand, Brent Sumner. Those voting nay: Hans Andersen, David Spencer. 
The motion passed 4-2. 
COMMUNICATION ITEMS 
There were no communication items. 
CITY MANAGER INFORMATION ITEMS 
There were no City Manager information items. 
ADJOURNMENT 
Mr. Andersen moved to adjourn the meeting. Mrs. Black seconded the motion. Those voting 
aye: Hans Andersen, Margaret Black, Richard F. Brunst, Mark E. Seastrand, David Spencer, 
Brent Sumner. The motion passed unanimously. 
The meeting adjourned at 7:02 p.m. 
Approved: December 8, 2015 
City Council Minutes-October 13, 2015 (p.16) 
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