City Council · 2016-04-26

CITY OF OREM
CITYCOUNCILMEETING
56 North State Street Orem, Utah
April 26, 2016
2:00 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS
Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand  (excused), David Spencer
(late), and Brent Sumner
APPOINTED STAFF
Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Karl Hirst,
Recreation  Department  Manager  Richard  Manning,
Administrative Services Director; Bill Bell, Development
Services Director; Chris Tschirki, Public Works Director;
Scott Gurney, Fire Department Director; Ned Jackson,
Police Department Captain; Charlene Crozier, Library
Director; Sam Kelly, City Engineer; Jason Bench, Planning
Division Manager; Neal Winterton, Water Division
Manager; Reed Price, Maintenance Division Manager;
Steven Downs, Assistant to the City Manager; Brandon
Nelson, Accounting Division Manager; Manager; and
Jackie Lambert, Deputy City Recorder
DISCUSSION -- Open Meetings Training
   d s  s d    a a  s s 
explained that cities exist to aid in the target of the people's business. Meetings are defined if any
of the following take place:
 If there are four elected officials present
Input is given and decisions are made
Workshops
·
· Site Visits
Meetings do not include chance gatherings that occur publicly, such as at grocery stores or
various private social gatherings. However, should these happen, City-related business should
not be discussed. Mr. Stephens stated that all meetings are to be open, unless otherwise specified.
Closed meetings were only for specific reasons listed in the State code, and have to take place
after open meetings; in other words, they can't just happen on their own.
Mr. Macdonald, commenting about a Salt Lake area a council member who was no longer able
to perform his duties, asked if it would be appropriate to hold a closed meeting about it. Mr.
Stephens answered affirmatively.
City Council Minutes - April 26, 2016 (p.1)


Mr. Stephens said strategy sessions could be closed for any of the following reasons:
· Collective bargaining
Pending or reasonably imminent legislation
The purchase, lease, or exchange of real property
Security issues and investigative proceedings
Discussions related to the professional competence of a City official
Mr. Stephens explained that discussing professional competence is a tricky issue. It is very
difficult, if not impossible, to exclude any particular council members from a meeting, should
there be an issue with them as elected officials.
Items not on the agenda should not be discussed during meetings, unless they are raised by a
member of the public during the open session. However, the Council is not able to take actions
on those items at that time. Furthermore, staff appreciates having time to further investigate the
matter and return to the Council with additional information.
Mayor Brunst recalled that in one situation, a council member was against a particular ordinance,
and while he stepped out the rest of his council voted on the item anyway. The council member
formally protested the action. Mr. Stephens said that while the rest of the council did not
necessarily violate the letter of the law, they essentially violated the spirit of the law.
Mr. Stephens then said that electronic messages are not allowed to be used outside of meetings in
order to deliberate upon issues on the side. He noted that all text messages, emails and other
forms of electronic communications are subject to a GRAMA request. Mr. Macdonald asked for
recommendations on how to store and save those communications, to which Mr. Stephens
suggested that he speak with IT. Mr. Macdonald said his emails were easy to save, but he wasn't
sure how to save the text messages. Mr. Bybee added that he would follow up on the matter.
Mr. Stephens explained that according to State law, electronic meetings could be held as long as
one member of the Council was present at the anchor location. He outlined the noticing
requirements, and stated that every year the council votes on a regular meeting schedule.
Agendas need to be published with the date, time, and meeting location with at least twenty-four
hours of advance notice.
According to State law, emergency meetings are to be limited, and should only take place if there
is an item that requires imminent action from the Council and there isn't sufficient time for
noticing to take place.
Mr. Stephens stated that all presentations should be made part of public record.
With regards to expelling a Councilmember from voting on a specific item, Mr. Stephens stated
that a certain procedure must be followed. If the Council feels that another Councilmember has a
conflict of interest on the matter, two thirds of the voting members need to vote in favor of
expelling that Councilmember. This same procedure must be followed if the Council feels that a
member of the public should be expelled for disorderly conduct. If a member of the public is
expelled and refuses to leave, then they will be escorted out by a police officer. All decisions to
expel someone from the meeting should be discussed openly.
City Council Minutes - April 26, 2016 (p.2)


Mr. Stephens noted that roll call votes are needed for passing ordinances, resolutions and any
action that creates a liability against the City. Furthermore, roll call votes may be taken any time
they are requested by a member of the Council.
Mr. Downs asked if digital voting constitutes as a roll call vote. Mr. Stephens said if specific
votes are indicated then they are considered roll call votes.
Mr. Stephens outlined three ethical violations as indicated in State law:
1. Improper use of information; disclosing or improperly using private, controlled, or
protected information acquired through one's position as a City Councilmember.
In response to remarks from Mr. Macdonald regarding the purchase and sale of land made by the
City of St. George near the new convention center, Mr. Stephens indicated that the
aforementioned violation pertains to individuals and not cities.
2. Improper use of position.
One such example given by Mr. Stephens pertained to a situation in which a municipal employee
used their position to get a discounted price on a new car. In another example, a Federal
employee used his personal credit card to book hotel stays at a Marriott for other employees, so
that he could collect points on his credit card. He then used Federal dollars to reimburse himself
for the expense. This Federal employee ended up with a fine of $5,0o0 and had to reimburse the
government$90,000.
3. Improper acceptance of a gift; in other words, a gift of substantial value that deviates
from the duties of municipal staff or elected officials.
Mr. Stephens relayed an incident that occurred in the early 1990s involving Deedee Corradini in
Salt Lake City. There were allegations between Bonneville Pacific and an offshore company, and
Bonneville Pacific was filing bankruptcy. Ms. Corradini was asked to reimburse the bankruptcy
trustee by millions of dollars, and she requested gifts from several people in order to meet that
obligation. Through this process she acquired bank loans, with terms that average people could
not get themselves. Nothing happened to her from an ethical standpoint, but afterwards the State
Legislature came up with these rules and provisions. Mr. Stephens stated that there are some
exceptions to these provisions, such as an occasional nonpecuniary gift having value of less than
$50, an award publicly presented in recognition of public service, a bona fide loan, etc.
Mr. Stephens explained that there are certain things that are allowed by State law as long as they
are disclosed, but he did not recommend them. For example, while is okay for a Councilmember
to own a small business on the side, he would be concerned with whether or not there was a
conflict of interest in the Councilmember were involved with a transaction closely related to their
business. He stated that as a Councilmember, it is best not to participate if there is a specific
business interest. Consequences to the violation of this law may include criminal prosecution,
removal from office, and having one's contract voided.
Mr. Lentz asked what the process was if they became aware of this kind of misconduct from a
Councilmember or staff. Mr. Stephens said a formal complaint may be made to the Recorder's
City Council Minutes - April 26, 2016 (p.3)


Office. The person making the complaint would need to state by way of an affidavit that they
were personally aware of the situation (not based on hearsay) and an ethics committee would
then convene and investigate.
Mr. Stephens then quoted similar requirements as outlined within Orem City's ordinances. He
explained other situations that wouldn't constitute as violations, but should be avoided anyway.
For example, military personnel using a Black Hawk helicopter to take friends to lunch. While
they might have the proper clearance to do so, it does not look good. He cautioned the Council
by explaining that sometimes even though an action is not specifically prohibited, it is best to
avoid the appearance of a conflict.
Mrs. Lauret asked about organizing an ethics commission to review violations. Mr. Stephens said
that at one point there was an interlocal agreement in place with Pleasant Grove, Spanish Fork,
Lehi, and Springville, for representatives from those cities to consider ethical violations. Mayor
Brunst asked if this commission was recently organized. Mr. Stephens answered that he was not
aware of the committee ever coming together.
Mr. Davidson noted that a law passed which provided a state ethics group and gave latitude for
local governments to create a local them as well. Mrs. Lauret inquired on a recent embezzlement
case and wondered how this matter would move forward, to which Mr. Stephens replied that the
case would be investigated on a criminal and ethical level.
DISCUSSION/UPDATE-LibraryAuditorium
Mr. Davidson stated that goals were identified for the City Center and the Center for Story, and
staff asked Mrs. Crozier and Mr. Joe Smith with Method Studio to provide an update on what
had been done to move the project forward. There were discussions on this project several years
ago, at which time the project costs were much lower. The project has not slipped off the radar,
but it is taking longer than anticipated. Currently, there are dedicated CARE monies and private
contributions going towards a variety of thriving programs.
Mrs. Crozier reported that the library holds between 900 and 1,000 programs a year, with around
62,000 total participants. The library staff, along with Mr. Smith and Nathan Robison, Outreach
Librarian, put together programming for both children and adults. Mrs. Crozier explained that
clarification is needed on the purpose which the Center for Story will serve. She noted that it will
be a performance facility added on to the library which will celebrate art in all of its forms, such
as film, dance, music, dramatic presentations, etc. For now, the facility will be called the Library
Auditorium in order to eliminate confusion.
Pictures were included in a PowerPoint presentation to show how accommodations have been
made with limited space. Mrs. Crozier explained that they have been tracking programs that
exceed 200 participants. Space limitations have been challenging for larger programs, and they
do not want to have people sitting in areas where they cannot see. Furthermore, they need to
keep fire areas clear. She stated that turning people away is the worst feeling, and they are
seeking opportunities to offer better staging and seating for both performers and audience
members. She turned the time over to Mr. Smith to review several items that were developed by
a steering committee on the matter.
City Council Minutes - April 26, 2016 (p.4)


Mr. Smith stated that he has been part of the process for a long time. He raised his children in
this community, and he wants to make sure this project moves forward. He walked through the
design and money-saving opportunities as follows:
 Multiple locations on the City site were reviewed, in order to identify the prime location.
Connecting to the story wing and creating an architectural feel that is consistent
throughout the entire building. Mr. Smith shared the floor plans that were generated.
The initial RFP and goals were set to create a multipurpose auditorium that could support
a huge variety of programs, such as performances, lectures and classrooms that can
accommodateup to500 participants.
The stage was sized to be a dance studio and classroom, with a large bifolding wall to
close off the stage from the audience. Other important pieces included classrooms,
circulation and lobby space, and break out areas for art collections to be displayed in the
lobby area.
Window configurations were reviewed.
With regards to the second floor, Mr. Smith reviewed the committee's desire to include a
balcony level, which would create intimacy and flexibility for program size. There will
be some costs involved with cantilevering out a balcony level.
 Elevations as indicated in the concept plan were reviewed.
Mr. Smith stated that the economy has changed significantly. There have been six to eight cost
estimates completed for the project, the most recent one having been done in the fall of 2015. At
that time, the current design was estimated at around $6.2 million range. He asked for input on
how to bring these costs down without losing any of the design elements.
Subsequent discussion touched on the following:
The facility is 2,300 square feet, and with a current estimate of $260 per square foot.
·
 The bid for the auditorium includes auditorium seating.
·
UVU's new center will cost $325 to $360 per square foot/
·
The Salt Lake City Arts Center had cost $560 a square foot
The Covey Center, built in 2011, cost $2 million for the exact same set of drawings.
Local contractors have indicated a desire to help with the project which could potentially
bring down the costs significantly to a point where people might even be willing to
donate financially to a certain extent.
seismic concern, the construction of the auditorium could take place at the same time.
There is a real need for this project considering how crowded the library's programs have
become.
The second phase, to allow a sound studio for families to use as a way to record life
stories, that had been previously considered isn't feasible.
Fundraising efforts were ongoing, and they recently received a donation of $50,000 and
another donation of the same amount is anticipated from another foundation. A few more
substantial donations would probably get them where they needed to be financially.
A donation that was pledged by Utah County in the amount of $300,000 has a sunset of
2018.
City Council Minutes - April 26, 2016 (p.5)


Outside organizations will be required to pay to use the facility, which will help defray
           
accommodate the library's 900+ annual programs.
The City needs to be careful not to take away from local business. Mr. Davidson replied
that before determining how to open this space up to outside groups,
 The construction of the City Center will be coordinated with the Library Auditorium
ahead of time, which will be more cost effective.
The City is contracting with a firm that will find the necessary space and create a master
plan for the project. It was noted that costs are not getting any cheaper, and will only
continue to increase.
While there is some connectivity between the City Center and Library Auditorium, both
projects do not necessarily need to be constructed at the same time.
From a programming perspective, the Library Auditorium addresses existing needs at the
library. The City Center will continue to operate for a future need.
This has been a source of significant contention in the past. Every conversation to garner
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house divided.
One concern from the Council was that of ongoing maintenance needs.
The Council expressed a desire to see more specifics of what will be coming out versus
what will be kept, prior to granting approval to move forward.
Note: The City Council took a break until 3:41 p.m.
PRESENTATION-CARE Major Grant Applicants
At Mayor Brunst's request, the CARE Advisory Commission introduced themselves as follows:
Jeff Lambson, Annette Harkness, Blake Tierney, and Christine Alleman. Mr. Downs turned time
over to Adam Robertson.
SCERA
Mr. Robertson shared a video presentation of the activities taking place at the SCERA Center for
the Arts, as well as the following information from the SCERA Center's most recent Annual
Report:
 The number of outside participating groups was 383.
The SCERA Center houses an art gallery and classroom programming.
Theatrical experiences for young audiences, based on kid's books.
The SCERA is currently producing the musical “"Saturday's Warrior".
The SCERA supports local playwrights and musical composers
The SCERA presents local and regional favorites, including cinema classics every
Tuesday night.
Participates in new collaborations every year, including the Storytelling Festival, the
Freedom Festival, Colonial Days, Cries of Freedom, and a Fireside on Sunday 3rd during
which Col. Gale Halverson spoke.
Utah Regional Ballet (URB) and the Miss Orem Pageant will take place at the SCERA
Center in coming weeks.
City Council Minutes - April 26, 2016 (p.6)


Continued growth and use of facility every year, with diligent efforts being made to
maximize efficiency and expenses.
Subsequent discussion included:
Besides Autistic children, were there other under-served groups that could benefit from
programming.
Weather played into use of the outdoor theater.
The additional building which was constructed in the built in the mid-199os met the
seismic code, and the original theater was retrofitted to an extent, with steel
reinforcement instead of wood.
 A great deal went into programming at the SCERA Center, which had funding sources to
support programs. In recent years they has chosen to pursue CARE funds to enhance the
quality of the materials and performances. CARE has also helped fund the addition of
three other facilities in recent years.
SCERA sought out contributions from companies in order to provide basic needs such as
painting, internet, carpet cleaning, etc.
The SCERA rarely turned anyone away and free tickets are distributed to a wide variety
of organizations.
Most arts organizations need subsidizing throughout the country, but with the CARE
funds the SCERA Center was able to improve their programs and see increased ticket
sales.
The SCERA sold around 18,000 tickets annually, though with the majority of audience
members coming from Orem and the immediate area.
While the SCERA Center is a real asset to the community, they needed to. reevaluate their
marketing strategy, as well as ticket prices.
HaleCenter Theater Orem
Jim Murphy from Hale Center Theater Orem (HCTO) expressed appreciation for the SCERA
Center and CARE for their support of the arts. He then turned the time over to Mr. Cody
Swenson for the Hale presentation.
Mr. Swenson read the HCTO's mission statement and reviewed the following:
· HCTO is strictly a performing arts theater, and has received national acknowledgment.
They have a thriving education department and a focus on improved programming.
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believe how low the ticket prices are for Broadway-quality shows.
Production quality had risen dramatically because of CARE, and local celebrities have
commented that HCTO was their favorite theater with which to work, with particular
mention of their costuming. They now had a building just for costuming located in West
Orem.
Their projector program is so impressive that actors can stand within three feet of the
screen and not block the projection.
He highlighted the LED floor for the production Joseph and the Technicolor Dream
Coat, as an example of LED technologies that have been used in recent shows.
 Set crews built a fog delivery system using CO2.
City Council Minutes - April 26, 2016 (p.7)


Mr. Swenson reviewed the many improvements that have been made to patron services,
including the following:
·A website to buy tickets and register for classes
Email newsletter
Excellent playbills
Growth of HCTO's education department; when they started they did not have an
education program. With CARE funds, HCTO has since developed a vocal studio which
has exploded. The vocal studio currently has 100 students who take weekly voice lessons.
HCTO holds master classes, recitals and adjudications. This growth has required double
the size of the smaller original facility.
Expanded rehearsal space
Year-round performing arts classes
Kids programming for youth under the age of 18 has a five-show season; the kids are
getting a professional experience in set design, directing, choreography, costuming, etc.
Educational outreach did work with schools for tours, Reflections, Title 1 schools, etc.
There were 406 performances in 2015, which is up from 372 in 2014.
Subsequent discussion included the following:
· A moderate increase in funding would allow them to expand educational programming,
enhance production quality, and increase relationships with Orem businesses.
In-kind contributions included relationships that have been developed with restaurants to
supply food for the actors, as well as flooring that was installed at no cost by Halifax
Flooring.
HCTO receives annual contributions from about four or five main sponsors.
· HCTO currently has 288 seats, and that they are hoping to double that number to 568 in a
future facility.
·Approximately 40 percent of their attendees are Orem residents
Utah Regional Ballet Company (URB)
The time was turned over to the Utah Regional Ballet Company (URB), and Board Members
Mark Chen, Michelle Moon and Sean Moon, all introduced themselves.
Ms. Moon provided a history of the URB and explained how it was governed. They have
performed at the SCERA Shell, Ragan Theater at UVU, and the Covery Center in Provo. About
75 percent of school performance attendees were from Orem, with students being required to pay
$5. She would like to do one free school show just for Orem students.
Mr. Chen said Orem was the anchor city, and that public partnerships are critical to their success.
He noted that their revenue sources include ticket sales, fundraising efforts, miscellaneous
grants, and corporate sponsorships. He then provided URB's Annual Report as follows:
· Last year, over 7,0oo+ attendees came to the production of the Nutcracker.
Each year hundreds of Orem students attend performances through a grant subsidy; the
cost of which is around $11,200 per show.
URB participated in a Choreography Design Competition, held at the Ragan Theater.
Participated in Families Affected by Autism. Each show cost around $10,000 to subsidize
this program.
City Council Minutes - April 26, 2016 (p.8)


 The Snow White production was a new show with many professional improvements.
Ms. Moon outlined the goals that they have with future CARE funding:
Expand into elementary schools and provide completely free productions of the
Nutcracker.
They would also like to continue the free performances for high school students, and
would like to add a free show for UVU students--all held at the Ragan Theater.
They would like to increase awareness and attendance.
They would like to add to the fairy tale ballets, by creating scenery specifically for
Twelve Dancing Princesses.
They then shared a video presentation.
Karl Hirst provided an update on recreation.
Current allocations
o Splash Pad
Playground
Dog Park
2016 Recreation Advisory Commission Recommendations
Additional to splash pad $350,000
o Additional to playground $100,000
Additional to dog park
。 $100,000
Fitness center - liner, hot tub, steam room ..
o $400,000
Co-sponsored groups ....
o ..$15,000
Total .. $965,000
CARE Project Budgets
Current New Totals
Splash pad $500,000
o $350,000 $850,000
Playground
o $150,000 $100,000 $250,000
Dog park $ 75,000 $100,000 $175,000
Fitness center pool $400,000 $400,000
Co-sponsored groups $ 15,000 $ 15,000
Mr. Hirst concluded by saying that if an ideal dog park location does not quickly present itself,
he would recommend retaining the previously allocated $75,0o0 for when a location is
determined in the future and transferring the $100,000 that is part of the 2016 recommendation to
the playground.
Mr. Davidson reported that Utah County has been maintaining Canyon Park near Timpanogos
Park. There have been preliminary discussions about taking over maintenance of that park to turn
it into a dog park. Mr. Davidson stated that UDOT owned the property and could indicate that
they have plans to use the park property to widen the road, but he said he did not anticipate that
this would happen any time soon.
Mr. Lentz inquired about the status of some tennis courts that were in need of repair. Mr. Hirst
replied that he thought there was some funding available in the General Fund to meet that need.
City Council Minutes - April 26, 2016 (p.9)


5:00 P.M. STUDY SESSION -PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, David Spencer, and Brent Sumner
APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Richard
Manning, Administrative Services Director; Bill Bell,
Development Services Director; Lissy Sarvela, Recreation
Division Manager; Chris Tschirki, Public Works Director;
Scott Gurney, Fire Department Director; Gary Giles, Police
Department Director; Charlene Crozier, Library Director;
Steve Earl, Deputy City Attorney; Jason Bench, Planning
Division Manager; Keith Larsen, Traffic Operations
Engineer; Sam Kelly, City Engineer; Neal Winterton,
Water Division Manager; Reed Price, Maintenance
Division Manager; Steven Downs, Assistant to the City
Manager; Brandon Nelson, Accounting Division Manager;
and Donna Weaver, City Recorder
EXCUSED Mark Seastrand
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 5:50 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M.REGULAR SESSION-COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, David Spencer, and Brent Sumner
APPOINTED STAFF 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
City Council Minutes - April 26, 2016 (p.10)


Gurney, Fire Department Director; Gary Giles, Police
Department Director; Charlene Crozier, Library Director;
Jason Bench, Planning Division Manager; Steven Downs,
Assistant   to the City  Manager;  Pete  Wolfley,
Communications Specialist; and Jackie Lambert, Deputy
City Recorder
EXCUSED Mark Seastrand
INVOCATION/
INSPIRATIONAL THOUGHT
Mary Cryer
PLEDGE OF ALLEGIANCE Owen Shumway
Mayor Brunst acknowledged the presence of Utah County Commissioner Bill Lee.
APPROVAL OFMINUTES
Mr. Sumner moved to approve the January 22, 2015; July 16, 2015; February 11, 2016, Joint
Provo/Orem City Council meeting minutes; and the March 29, 2016, City Council meeting
minutes. Mr. Lentz seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret,
Sam Lentz, Tom Macdonald, 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
Mr. Lentz moved to appoint Bart Francis to the Arts Council and to reappoint K.C. Shaw, Carol
Walker, and Tai Riser to the Public Works Advisory Commission. Mr. Macdonald seconded the
motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, David
Spencer, Brent Sumner. The motion passed unanimously.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on
the agenda. Those wishing to speak should have signed in prior to the meeting, and comments
were limited to three minutes or less.
No one signed up to speak.
CONSENT ITEMS
There were no Consent Items.
SCHEDULEDITEMS
City Council Minutes - April 26, 2016 (p.11)


6:00 P.M. PUBLIC HEARING - PD-21 - University Downs Concept Plan
ORDINANCE - Amending Appendix “O" of the Orem City Code pertaining to the concept
plan applicable to Area 3 of the PD-21 zone at 1200 South Geneva Road
Mr. Bench presented Keith Hansen's request that the City amend Appendix “O" of the Orem
City Code pertaining to the concept plan applicable to Area 3 of the PD-21 zone at 1200 South
Geneva Road. He explained that the PD-21 zone is divided into three areas with each owned by
different entities. Area 1 is composed of Wolverine Crossing, Holiday Inn Express, Subway, and
the CNG station. Area 2 is known as Parkway Lofts and is currently under construction. Area 3,
the subject of this request, is owned by Nelson Brothers and is known as University Downs. The
City Council initially approved the concept plan for Area 3 in August, 2015. The applicant now
The original concept plan provides a location for a hotel, resident amenity building, parking
uses as the original concept plan, but the location and size of buildings have changed enough that
approval of a new concept plan is required.
The greatest changes that have been implemented in the new concept plan are in relation to the
parking garage and the student housing building. The original concept plan showed residential
units attached to the south and east sides of the parking garage. The new concept plan removes
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As a result, the proposed footprint of the parking garage has been reduced and the footprint of
the student building has increased.
The new concept plan also modifies the height of the different buildings. The PD-21 text states
that building heights in Area 3 were determined by what was shown on the concept plan. The
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increases that height to one hundred feet. The amenity building has a current height of eighty-
seven feet and the new plan reduces this to seventy feet. Various parts of the student housing
building are currently approved at 72/88/109 feet. These heights were changed to 70/70/110 feet
in the new plan with the highest location adjacent to University Parkway. The future hotel
concept has not changed and remains at 120 feet high. With the building size changes, the
elevations will change as well. New building elevation plans have been submitted and will be
part oftherevised appendix.
Although the new concept plan shows the parking garage at a height of one hundred feet, the
applicant intends to initially construct the parking garage to a height of only sixty-four feet, two
inches measured at the highest parking deck, and seventy-five feet, eleven inches measured at the
highest architectural feature. If and when the hotel is constructed, the applicant will add
additional levels to the parking garage to accommodate hotel parking demand and will also
construct meeting rooms and conference facilities on the top level of the parking garage. The
highest point would then be ninety-eight feet, eleven inches above grade.
The amended concept plan contains 446 units with 1,532 beds. This increases the density from
160 occupancy units per gross acre to 235 occupancy units per gross acre. Because the original
intent of the PD-21 zone was to encourage as much density as possible, the PD-21 zone does not
City Council Minutes -April 26, 2016 (p.12)


have a maximum density. In fact, unlike most zones in the City, the PD-21 zone contains a
minimum required density. For Area 2 and Area 3 the minimum required density is ninety
occupancy units per acre, while Area 1 requires 140 occupancy units per acre.
A neighborhood meeting was held by the applicant on March 18, 2016, to discuss the concept
plan with surrounding property owners and residents. Four residents were in attendance and were
"complimentary about the project."
The Planning Commission recommends the City Council amend Appendix “O" of the Orem City
Code pertaining to the concept plan of Area 3 of the PD-21 zone at 1200 South Geneva Road.
Staff agrees with the Planning Commission's recommendation.
Mayor Brunst stated that the new concept appears to increase the population by about 50 percent
and asked how that change would impact parking. Mr. Bench responded that parking has also
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parking ordinance. He also commented that there would be some surface parking, but it is
limited.
The applicant, Keith Hansen, responded to a question from Mr. Macdonald and explained how
the project would be phased. The amenities, and building and parking structure would be
constructed first and the student building would be constructed approximately one month
afterward. The hotel would be done once they secured a hotel chain.
Mr. Sumner questioned the possibility of having married and student housing in the same
building. Mr. Hansen explained that the two wings are labeled as such because of the type of
units that will be in either side. The married housing wing would contain mostly one and two
bedroom units and a few studio apartments, while the student housing wing would have three or
four bedroom units. Mr. Hansen commented that they did anticipate single student uses spilling
over into the married housing wing and vice versa.
Mr. Lentz asked if there would be a road near the married wing that would provide some street
parking. Mr. Hansen stated that the majority of the parking would be at the parking structure.
Mr. Hansen commented that he intends to begin construction as soon as the site plan is approved.
Mrs. Lauret inquired about the building heights in relation to the surrounding buildings, and Mr.
Hansen stated that the proposed buildings will be much higher than any of the surrounding
buildings.
Mayor Brunst asked about amenities, and Mr. Hansen reviewed them. He also clarified that if
there is a demand for condominiums, they would like to make them available. If there was no
demand, the units would be used for student housing.
Mr. Lentz asked about the noticing distance for this project, and Mr. Bench said they noticed
1,000 feet per policy. He also commented that few residents came to the neighborhood meeting
for this project.
     s   sm s       
responded that it has been requested but has not been received by staff. Mr. Hansen stated that
City Council Minutes - April 26, 2016 (p.13)


the study was finished earlier that week and that it would be reviewed by the Planning
Commission at their next meeting.
Mayor Brunst opened the public hearing. Seeing no interested parties, Mayor Brunst closed the
public hearing.
Mayor Brunst then moved, by ordinance, to amend Appendix “O" of the Orem City Code
pertaining to the concept plan applicable to Area 3 of the PD-21 zone at 1200 South Geneva
Road. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret,
Sam Lentz, Tom Macdonald, David Spencer, Brent Sumner. The motion passed unanimously.
RESOLUTION - Adopt the 2016 Water Master Plan and accept the Water User Rate Study
Mr. Tschirki, Public Works Director, recommended that the Orem City Council, by resolution,
adopt the 2016 Water Master Plan prepared by Bowen Collins & Associates, Inc. (BCA) and
accept the Water User Rate Study prepared by Lewis Young Robertson & Burningham, Inc.
(LYRB). He explained that this information would be available to the public online. Mr. Tschirki
turned the time over to Neal Winterton.
Mr. Winterton reviewed a history of Orem's growth and previous needs to increase rates. He
then reviewed the difference between water, sewer, and storm, by way of a PowerPoint
presentation (included).
The City of Orem provides culinary water to over 22,0o0 connections. The system utilizes
twenty-two million gallons of storage and 354 miles of pipes, to deliver water from treated
surface sources, wells, and springs to a peak demand of nearly sixty million gallons per day.
Much of the infrastructure has met its life expectancy and beyond.
In February 2014, the City hired BCA to prepare a Water Master Plan. The request for
engineering services was organized into fifteen tasks. Some of the highlights included: develop a
hydraulic model, identify existing and future needs, develop a Capital Facilities Plan, evaluate
hydroelectric power, water reuse, and AMI (Advanced Metering Infrastructure), and develop
water rates to support the operations and capital needs of the water utility. Together with City
staff, the Public Works Advisory Commission, the general public, and the City Council, BCA
has created a Water Master Plan for consideration.
Recommended improvements identified by BCA include improvements in the water utility
totaling sixty-two million dollars (present value). While some projects have been identified,
others are yet to be determined and will be constructed as the need arises. BCA has outlined five
main projects to take place in the next five years:
Ten Million Gallon Tank: Provide Orem with sufficient storage needed for State
1.
Code and peak day operations.
2. Two inch and four inch Waterline Replacements: Upgrade aging and undersized
waterlines and replace waterlines in areas where road surface improvements are
planned.
3. Water Reuse: Delay future upsizing of pipes from the east to the west to service
S       s     
City Council Minutes -April 26,2016 (p.14)


from the Orem Water Reclamation Facility. This will also reduce Orem's overall
water supply needs and is an environmentally responsible action moving forward.
4.              
dailyneeds.
Automated Metering Infrastructure: Replace aging, inaccurate meters and provide
5.
residents quick and up-to-date information about their water use. Providing this data
to the residents is the best first step toward responsible water use.
LYRB was subcontracted by BCA to review the existing water rates and provide a recommended
rate schedule based on changes in forecasted expenses and capital improvements and on a pay-
as-you-go basis. The primary objectives of the rate analysis were to ensure sufficient revenues to
cover all operation and maintenance expenses while maintaining bond covenants, ensuring the
appropriate debt service coverage ratio, and providing sufficient revenue to fund the proposed
projects identified in the master plan.
A review of projected revenues under the existing rate structure relative to proposed expenses
illustrated that the City would not have sufficient revenues to fund the needed capital
improvements without a rate increase. The results of this master plan were the basis for a rate
study that was used to establish supporting water rates for the City. Originally, a five-year rate
increase was proposed by City staff in conjunction with BCA and LYRB. After receiving public
feedback and upon the recommendation of the City Council, a pay-as-you-go funding plan over
five, seven, and ten-year periods and a bonding plan, were developed.
The rate scenarios were structured to produce a 2026 base rate of $26.10, a summer usage rate of
$1.41/1,000 gallons, and a winter usage rate of $0.94/1,000 gallons. Scenarios 2 and 3 fund a
reduced CIP in order to allow for a more moderate annual increase in the rates and result in an
overall revenue reduction of $5,600,229 and $10,706,169, respectively, 0ver the same ten-year
period. The result was a delay in completion of capital facility projects and an on-going liability
for lack of water supply during peak demand, water outages, water quality concerns, and
potential violations. Scenario 4 includes some bonding and allows for projects to be completed
within the five year CIP plan but keeps rates to more moderate increases.
Following the presentation, Mayor Brunst commented that the City would encounter large and
expensive issues if they did not keep up with the infrastructure now.
Mrs. Lauret stated that she had received some negative responses from residents in regards to the
summer/winter rates. She asked if they had considered a tiered rate system. Mr. Winterton
explained that they had examined several options, and they felt that changing to the
summer/winter rate would be simplest for the residents to understand.
Mr. Macdonald said some of the challenges the City is now facing stem from not following
recommendations like this in the past. He thanked the presenters for their efforts in putting this
information together. In regards to the rates, Mr. Macdonald said he believed that fairness was
more important than simplicity, and stated that he would also like to see a two- or three-tiered
rate system rather than the summer/winter rates.
Mr. Tschirki explained that they did consider a tiered rate system.
City Council Minutes - April 26, 2016 (p.15)


Mr. Macdonald commented that Vineyard was using about 1.5 percent of the water supply and
asked if they had plans to construct their own water storage facility. Mr. Tschirki stated that
Vineyard had bought into the twenty million gallon tank at the Wastewater Treatment Plant and
had plans to build a water tank in their town proper. He also confirmed that Vineyard paid for
their share of the water.
Mr. Macdonald asked how much treated water was being used to water the golf course. Mayor
Brunst stated that they use one million gallons of water in the summer, and they were currently
using treated water. The City would save a tremendous amount of money if the golf course used
reuse water. Mr. Tschirki added that reuse water could be used at a number of other locations
throughout the City as well.
In regards to rates, Mayor Brunst believed that those who use more water should pay more. He
 e   s   ssd  se a s e   o
system for utilities. He asked Mr. Winterton to look into the tiered rate system and come back
before the City Council with some options. Mr. Winterson stated that he could have numbers
ready for review by May 10, 2016.
Mayor Brunst commented that he would be the most comfortable with the seven-year plan. He
said he believed that bonding would be an unwise choice for the City at this time, and a five-year
plan was too quick.
Mr. Macdonald stated that bonding should be reserved for times when there is an immediate or
critical need. He agreed that a seven-year plan would be the best option.
Mr. Lentz said he liked the idea of stretching the expense out over a longer period of time to
better distribute the cost, and agreed that they needed to be cautious with bonding. Mrs. Lauret
agreed that bonding could be used if it made sense to the City's financial situation, but in this
instance she favored the seven-year plan.
Mr. Sumner agreed with the seven-year plan and expressed that he was not comfortable with
bonding at all.
Mr. Spencer said he favored the seven-year plan and commented that the Council would still be
able to reexamine this plan every year and adjust the rates if needed.
Mayor Brunst moved, by resolution, to adopt the 2016 Water Master Plan and accept the Water
User Rate Study and suggest the use of the seven-year rate plan. Mr. Spencer seconded the
motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, David
Spencer, Brent Sumner. The motion passed unanimously.
RESOLUTION - Authorizing the Mayor to execute the following two agreements related
to the Provo/Orem TRIP (Transportation Improvement Project):
· A Lease Agreement between the City and UTA; and
· An Interlocal Agreement between the City, UTA, UDOT, MAG and Provo
City Council Minutes - April 26, 2016 (p.16)


Mr. Goodrich, City Transportation Engineer, said that for the past several years, the City has
been working with UTA, UDOT, Utah County, Mountainland Association of Governments
(MAG), Provo City and others with regard to the Provo/Orem Transportation Improvement
Project (the “Project"). After years of discussions, negotiations and planning, the interested
parties are ready to move forward with the Project by formally executing two agreements that are
fundamental to the success of the Project.
The first agreement is a lease agreement between the City and UTA (the “"Lease Agreement").
The Lease Agreement authorizes UTA to use a portion of 400 West and 1200 South for its Bus
Rapid Transit (BRT) system. The Lease Agreement also delineates how numerous issues related
to the construction and operation of BRT in the City will be handled. The issues that are
addressed in the Lease Agreement include, among others, the baseline scope of the Project,
landscaping and sidewalk along University Parkway, station locations and design, BRT lane
configuration and design, the three quarter accesses on University Parkway (which access Chili's
and Mimi's), traffic signal priority for BRT buses, compatibility of traffic signal equipment, and
maintenance issues.
The second agreement is an Interlocal agreement between the City, UTA, UDOT, MAG and
Provo (the “Interlocal Agreement"). The purpose of this agreement is to establish an Executive
Committee and a Project Management Committee to make decisions and resolve issues relating
to the Project that are not addressed in the Lease Agreement.
The Project Management Committee will consist of staff representatives from each of the above
entities (and Utah County) and will meet at least weekly to resolve the day to day issues that may
arise with respect to the Project.
The Executive Committee will consist of executive level representatives of each of the above
entities (and Utah County) and will meet at least monthly to resolve issues that cannot be
resolved at the Project Management Committee level. The Executive Committee will also have
responsibility to make high-level decisions regarding the Project such as significant change
orders to the Project (in excess of $200,0o0) and decisions concerning the disposition of
contingency funds (expected to be about 10 percent of the total Project budget).
The execution of the Lease Agreement by the City and the execution of an equivalent lease
agreement by the City of Provo are necessary for UTA to obtain funding and begin construction
City a voice in deciding the larger issues that will arise during the course of the Project. The City
Transportation Engineer therefore recommends that the City Council authorize the Mayor to
execute both the Lease Agreement and the Interlocal Agreement on behalf of the City.
Janelle Robertson, with UTA, went through a PowerPoint presentation about the proposed
project. She said they hoped to complete the entire project by early spring of 2019.
Mrs. Lauret asked about the anticipated ridership, and Ms. Robertson stated that they expect to
have an average of 12,000 riders per day.
Mr. Macdonald asked for clarification on which roads belonged to the City and which roads
belonged to the State.
City Council Minutes - April 26, 2016 (p.17)


Using a map from the presentation, Mr. Goodrich explained that Geneva Road and University
Parkway were owned by the State. The only Orem road in this project would be 40o West
between 1200 South and 1300 South.
Mayor Brunst asked a question about the other cities in Utah who were installing rapid transit.
Mr. Meyer, Chief Development Officer of UTA, stated that South Davis, Bountiful, Centerville,
and parts of Salt Lake City were also looking into projects like this one.
Mrs. Lauret asked if UTA had a formula that could translate bus ridership into cars on the
freeway. Ms. Robertson said that there was not a specific formula, but the proposed project
would increase the capacity of the roads. Mayor Brunst commented that a previous report
estimated that 30 percent of road wear-and-tear would be decreased by residents using busses.
Mayor Brunst believed this project would be beneficial to the Orem and Provo communities. He
commented that President Holland of Utah Valley University has committed to encouraging his
students to use transit.
Mrs. Lauret moved that the City Council authorize the Mayor to execute the following two
agreements related to the Provo/Orem Transportation Improvement Project:
·A Lease Agreement between the City and UTA; and
· An Interlocal Agreement between the City, UTA, UDOT, MAG and Provo.
Mr. Lentz seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz,
Tom Macdonald, David Spencer, Brent Sumner. The motion passed unanimously.
COMMUNICATIONITEMS
The Monthly Financial Summary for March 2016 was provided to the Council.
CITYMANAGERINFORMATIONITEMS
There were no City Manager Information Items.
ADJOURNMENT
Mr. Spencer moved to adjourn to the meeting. Mr. Macdonald seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, David Spencer, Brent
Sumner. The motion passed unanimously.
The meeting adjourned at 8:06 p.m.
City Council Minutes - April 26, 2016 (p.18)


CesmmaR.Dlever
Donna R. Weaver, City Recorder
Approved:May24,2016
OREM
CORPORATE
SEAL
City Council Minutes-April26,2016（p.19)