City Council · 2016-05-24

CITY OF OREM
CITYCOUNCILMEETING
56 North StateStreet Orem, Utah
May 24, 2016
3:00P.M.WORKSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING MayorRichardF.Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz (joined the
meeting electronically at 3:00 p.m.), Tom Macdonald,
Mark Seastrand, David Spencer, and Brent Sumner
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant ‘
City Manager; Greg Stephens, City Attorney; Karl Hirst,
Recreation Department 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;
Ryan Clark, Economic Development Division Manager;
Steven Downs, Assistant to the City Manager; and Donna
Weaver, City Recorder
EXCUSED Councilmember David Spencer
DISCUSSION-Orem Police Department Victim Assistance Report
Mayor Brunst invited Victim Advocates Renee Flitton and Stephany Cochran to present the
annual report of the Orem Police Department's Victim Assistance program. Ms. Flitton reviewed
the grants that funded the program. Ms. Cochran went over the number of victims they had
served and compared the nature of the crimes.
INTRODUCTION-Police Body Cameras
Chief Giles reflected that the public suffers from something called the “CSI Effect." People
wanted to “see" everything that happened in an event. He reviewed studies comparing
departments where some officers wore body cameras while others did not. The studies seemed to
indicate that wearing the cameras resulted in fewer “use of force” situations.
He said the legislature passed HB 300 which:
Did not require agencies to have cameras
Required activation of camera during "Law Enforcement Encounter'
Privacy Expanded
Required Department Policy
Chief Giles demonstrated how an officer might wear a body.camera, noting that his officers liked
the cameras because they wanted to be vindicated if they were accused of doing something
wrong. The cameras themselves cost $500 but the other expenses, such as storage, etc., raised it
to $1,000 a year.
CityCouncil Minutes-May 24,2016(p.1)


He said one challenge with the cameras was the volume of data that had to be stored.As they had
considered various models, they wanted cameras that had the same level of vision that an officer
would have in the same situation.
INTRODUCTION-OremNatural ResourcesStewardship Committee
Mr. Clark introduced Sarah Bateman, a resident of Orem who supported the proposed new
committee. He said the committee would address natural stewardship in the City, with a goal to
educate the public and address such things as environmental issues, air quality, etc.
He then reviewed some of the things the committee could do:
· Coordinate a series of classroom instructions for residents regarding water conservation,
water-wise landscaping, recycling, low impact living, etc.
Develop additional recycling programs or solutions
Identifyprojects to enhancewalkability
Work with schools and businesses to develop anti-idling zones
·
Work withbusinesses to install electricvehicle charging stations
Clean Air programs and education
Their duties would include:
Encourage a vision and goals to protect the City's natural resources, which could include
·
but were not limited to water, air, soil, and open space
Explore and advise the City Council and staff of recycling programs the City might
utilize to assist with accomplishing the committee's vision and goals. It would include
engaging existing recycling businesses for education and training
Advise the City Council and staff of innovative measures to protect the City's natural
resources and suggest feasible policies, procedures, and/or projects that would have
public support
Review and advise the City Council on sustainability, recycling, and natural resources
policies, procedures, and/or projects brought to the Committee by City appointed staff.
Work with other citizen's commissions and committees, including the Transportation
Advisory Commission, Public Works Advisory Commission, and Planning Commission
as needed
Work toward the continuing education of citizens regarding sustainability, recycling, and
natural resource protection issues in our community. This includes developing strategies
to increase resident participation in existing recycling programs
Publicize and encourage citizen involvement in projects
?
Participate on the Utah Valley Clean Air Task Force as desired
·
 Attend the Recycling Coalition of Utah board meetings in place of the city staff
·
representative on an as needed basis
He said the committee concept was presented to the Planning Commission. They did not
recommend approval, expressing concern that it could result in more government.
Mayor Brunst said he was in favor of it. Mrs. Lauret said she was raised with the mentality of
having a stewardship over natural resources.
City Council Minutes - May 24, 2016 (p.2)


Ms. Bateman said her goal was to find ways to create less trash. She reviewed her history of how
she came to realize how much people threw away that didn't need to be. She said businesses
were getting involved in preserving resources and considering the environmental stewardship.
DISCUSSION-Recreation Cosponsored GroupFees
Mr. Hirst reviewed the Recreation Advisory Commission's recommendation for a CARE grant
to reimburse cosponsored groups. He said there were some complications that came from that
since a “scholarship" for one group was not a scholarship in another group. He then reviewed the
various different types of cosponsored groups and what fees they paid.
***Councilmember Lentz disconnected at 3:52 p.m.***
Mr. Macdonald said that for the cultural arts they asked how many people CARE grant recipients
the statistics of Orem residents who participated in the cosponsored groups.
Mr. Sumner asked how they knew the number of Orem residents served, and Mr. Hirst said they
required the groups to bring in their rosters.
Mr. Stephens said CARE funds could not be used for recreational organizations. The money
could, however, be used for physical facilities such as fields. Mr. Hirst added that they could
help them by putting the money into the fields.
Mr. Davidson said not all sports were created equal. The relationship the City had with the
various sporting groups was not the same, in the form of "like service." He suggested caution
about dedicating more money to the operational side of things over physical projects that had a
decades-long benefit to the residents.
Mr. Macdonald said Mr. Davidson's comment matched what he had suggested regarding the arts.
than directing those funds toward something more lasting, such as long-term projects.
Mayor Brunst said he thought the $15,000 spent on youth programs would be well used.
Mr. Davidson said his concern was that over time the $15,000 could creep up.
Mr. Hirst said Orem's fees were lower than those of many communities. Mr. Davidson said some
of the problem with having lower fees was that people from surrounding communities gravitated
to Orem leagues for the price.
UPDATE- Spring Clean Up Program
Mr. Bybee provided an update on the new way the City had handled the Spring Clean Up. By the
end of April, the City had transported almost as many full dumpsters to the dump as had been
  p ss  e s n e s     s   
beneficial in helping with the people dropping off things as well as directing them to the correct
dumpsters. Mr. Bybee said they had learned a lot from the experience and would be making
some tweaks to the process.
City Council Minutes - May 24, 2016 (p.3)


Mr. Davidson said it would cost the City more doing it this way, but if the intent was to clean up
the neighborhoods they had been successful. Some feedback from residents indicated that people
who were not members of the LDs Church had not known about previous years' clean ups. This
year, they did.
Mr. Bybee said Officer Crook, who was over the Neighborhood Preservation Unit, said he
thought it had been very beneficial and would help reduce the number of calls they received. Mr.
Bybee said that, to educate residents about how to handle toxic products like paint, they had sent
out a mailer that provided locations where residents could take those.
DISCUSSION - Water Conservation Rate Structure
Mr. Davidson reminded the Council that they had requested some specifics on how to proceed
with a water conservation rate structure. Mr. Tschirki then reviewed the reasons for doing the
tiered system. He said the proposed plan was not an aggressive one but would ease into it.
Neal Winterton said that in a previous meeting the Council had recommended the seven-year
plan. Staff's proposal did not include operational moneys.
He reviewed a table showing.the flow allotment by meter size with four tiers, with a base rate
that would account for the 9o" percentile. They used the AWWA multiplier to estimate the fees.
He said it was a very complicated process. They established the tiers and then multiplied out the
fees. They went with the four tiers because they believed they would eventually be at four
anyway to encourage indoor as well as outdoor conservation. He said there were people who
would see their rates go up. The hope was that it would make them more mindful of their water
use.
Mr. Winterton reviewed the process they used to come up with the proposal. He noted that there
were problems with the antiquated meters the City currently used and that needed be manually
read. Without upgrading to AMI (Advanced Metering Infrastructure) meters, winter water use
accuracy was impossible. He noted that, with the plan, staff would come to the Council each year
with a proposal based upon the previous year's results. Fees could go up or down.
The Council and staff discussed a possible start date for the tiered system. The Mayor said the
public would need to receive education on the system. He said he thought November 1" might be
a good date.
5:15P.M.STUDYSESSION-PUBLICSAFETY TRAININGROOM
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Bill Bell,
Development Services Director; Karl Hirst, Recreation
Department Director; Chris Tschirki, Public Works
City Council Minutes - May 24, 2016 (p.4)


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; Jason Adamson; Risk
Manager; Steven Downs, Assistant to the City Manager;
and Donna Weaver, City Recorder
EXCUSED Councilmembers Sam Lentz and David Spencer
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 5:52 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, Mark Seastrand, David Spencer, and Brent
Sumner
Jamie Davidson, City Manager; Brenn Bybee, Assistant
APPOINTEDSTAFF
City Manager; Greg Stephens, City.Attorney; 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; Neal Winterton,
Water Division Manager; Steven Downs, Assistant to the
City Manager; Pete Wolfley, Communications Specialist;
and Donna Weaver, City Recorder
EXCUSED Councilmembers Sam Lentz and David Spencer
INVOCATION/
INSPIRATIONAL THOUGHT Dick Beeson
Sandy Boley
PLEDGEOFALLEGIANCE
City Council Minutes-May 24,2016(p.5)


APPROVALOFMINUTES
Mr. Macdonald moved to approve the minutes for the April 14, 2016, Joint Orem/Provo City
Council meeting; April 26, 2016, City Council meeting; and the April 28, 2016, Joint
Orem/Alpine School District City Council meeting. Mr. Seastrand seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and
Brent Sumner. The motion passed unanimously.
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments toBoards and Commissions
Mr. Seastrand moved to reappoint Aaron Orullian to the Beautification Advisory Commission
and to appoint Sterling Bascom to the Senior Citizen Advisory Commission. Mr. Sumner
seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, and Brent Sumner. The motion passed unanimously.
PRESENTATION - All-Together Playground Donation - AshLee Winterrose and the
Playful Studies Preschool & Private Kindergarten
Mr. Seastrand introduced the children and teacher of the Playful Studies Preschool & Private
Kindergarten. He said the wonderful group from his neighborhood had done fundraising for the
All-TogetherPlayground.
AshLee Winterrose presented a check to Mayor Brunst. She said the fundraiser started with a
question about how machines could help people do things they could not normally do. A couple
of the girls noticed that a friend of theirs who was in a wheelchair could not access the local
playground equipment. Ms. Winterrose said she had heard about the All-Together Playground
and told the children about it. They discussed what they could do to help raise money for it. The
children at that moment wanted to raid all their piggy banks to help. Their goal was $500 and
they ended up almost tripling that. She expressed gratitude to the residents of Orem who helped
support the children's' endeavor.
The Mayor posed for a photo with the children before standing with Councilmembers to shake
their hands.
REPORT-SummerfestAdvisory Commission
Teresa Horn, chair, said they picked their theme around the All-Together Playground. She said
they had outgrown the City Center Park and would expand some of their activities to the Scera
Park. They had also expanded the rides to Thursday night when the tickets would be discounted.
She reviewed other activities planned for the event, including a run where all proceeds would go
to the All-Together Playground. She then presented the Council with their packets.
Mr. Sumner said he served as the liaison to the Summerfest Advisory Commission, and before
that he had been involved with it for many years. He thanked the commission members for all
City Council Minutes - May 24, 2016 (p.6)


the work they had done to expand the event, noting that Wally Harkness had raised
approximately $41,000 from local businesses for the Summerfest.
CITYMANAGER'SAPPOINTMENTS
Appointments toBoards and Commissions
There were no appointments to boards and commissions.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on
werelimitedtothreeminutesorless.
Sarah Bateman, resident, said she wanted to speak about the Free Swap (sharing we all prosper).
It began about ten years ago in the Geneva Neighborhood. It had grown to a twice-annual event,
with a grass roots organization committed to sharing abundance and uniting communities. It was
essentially a communal yard sale where everything was free. She invited the community to the
City Center Park Rotary Pavilion on Saturday, June 4, 2016, from 8 a.m. to Noon for the next
Free Swap.
Erin Whitlock provided a handout to the Council. She said she represented a number of residents
who were concerned about the planned height of the fence around the All-Together Playground.
They were concerned that children with autism were more likely to wander and the shorter fence
would make that easier. She asserted that a taller fence would better serve the users of the park.
Aaron Anderson said he had a handicapped child who was thrilled about the All-Together
Playground. He spoke in favor of the taller steel fence, saying it had better visibility, would cost
less, and required less maintenance.
Breanna Moffit said some of the fundraising plans for the All-Together Playground were to sell
pickets with donor names for the shorter fence. That was not something that could be done with a
steel fence. However, the lost revenue could be recouped by other means, such as named paving
stones.
Betsy Thomas said she did not have special needs children, but she also had concerns about the
height of the fence for the All Together Playground. She said that someone in the City
Manager's had expressed concern that a taller fence could result in inattentive parents and
aggressive children. She said she checked with other cities and could not confirm that claim.
Leslie Brown, Provo resident, said he served as a juvenile court judge. He shared an experience
about an informal hearing to remove a child from a home. At that time, they reacted without all
the information. He said he hoped the Council would take the time to gather all the information
they could before making a decision.
Pleasant Grove Royalty issued an invitation to come to Strawberry Days on June 12-19, 2016,
reviewed the schedule of events, and presented the Council with a strawberry pie
City Council Minutes - May 24, 2016 (p.7)


Mayor Brunst said the new Miss Orem had been chosen last weekend as well as the Miss
Outstanding Teen. Miss Orem 2016 was Arline Pascual. Her first attendant was Ally Craig,
second attendant was Emily Pittman, and third attendance was Amanda Flinders. Miss
Outstanding Teen 2016 was Glory Thomas. Her first attendance was Abby Lewis.
CONSENTITEMS
There were no Consent Items.
SCHEDULEDITEMS
6:00 P.M. PUBLIC HEARING -- Fencing Requirements for Utility Substation
ORDINANCE - Amending Section 22-6-10(F) of the Orem City Code pertaining to
fencing requirements for utility substations
Mr. Bench presented the Department of Development Services request that the City Council
amend Section 22-6-10(F) of the Orem City Code pertaining to fencing requirements for utility
substations.
The City Code currently allowed utility substations in residential zones, but required an eight
foot high masonry fence on the property line of all adjoining parcels. That was suitable for
smaller utility station properties, but could be burdensome for larger properties.
Rocky Mountain Power (RMP) operated a utility substation on a 5.56 acre parcel at
approximately 650 South Geneva Road. The actual area devoted to the substation facility was
only about 0.68 acres with the remainder of the property being used for pasture.
RMP planned to expand the substation by 15 feet in each direction which would then cover an
area of about 0.95 acres. Under the current code, RMP would be required to install 2,000 feet of
concrete wall on the entire perimeter of the parcel concurrent with its expansion.
RMP had requested that the ordinance be amended to allow the City Council to grant a
modification to the fencing requirement to require the eight foot fence only around the substation
facility itself and not the entire parcel when the parcel was five acres or greater and when fencing
only the utility facilities would still provide an adequate buffer to adjoining properties. If such a
modification were granted by the City Council, the length of RMP's required fence could be
reducedfrom2,000feettoabout800feet.
A few additional changes were also proposed to Section 22-6-10 to specify what was required
for landscaping and requirements for driveways accessing a substation.
Staffwas not aware of any other utility substations that would be affected by the proposed fence
modification amendment. The next two largest utility substation facilities were both less than
five acres in size. One was located on North State Street and the other was at 80o North and
University Avenue. The North State Street location was already surrounded by a block wall
while the 8o0 North facility was surrounded by chain-link fencing.
City Council Minutes -May 24,2016(p.8)


The proposed amendments were shown:
22-6-10
F. Utility substations. Utility substations or similar facilities are permitted in residential zone subject to the
following standards:
1.Tthe primary access must be from an arterial or collector street;
2.Aan8-foothighdecorativemasonry-feneewall shall be constructed andmaintained on
the property line of all adjoining parcels and along the frontage of all streets (but set back as
required by subsection 4);
3. The City Council may approve a modification to the wall requirement to allow the wall to
encloseonlytheimmediateutilitystructureandsupportfacility areaiftheparcelisatleastfive
(5)acresinsizeand theCouncilfindsthatlimiting thewallenclosure totheimmediateutility
structure and support facility area would provide an adequate buffer to neighboring properties;
34.Tthefence_wall shallbesetbackatleast20feetfromdedicated-allstreetsandshallnotbe
located in a public utility easement unless approved by each utility company in accordance
withSection22-6-8(D)(1)(d);
45.Atleast70%oftherequiredsetback areafrom anystreetsshallbelandscapedwitha
combination ofgrass,shrubs,and/or trees (both deciduous and coniferous) with a minimum of
one tree for every forty lineal feet of street frontage (minimum two inch caliper size). The
required trees may be clustered;and
56.Aall structures (excluding the required masonry fencewall) shall) be set back from the-all
property lines a distance ofat least equal to the height of the structure and in no case less than
20 feet:
7. Any driveway accessing a utility enclosure shall be paved from the street right-of-way a
distanceofatleastseventy-five(75)feet;and
8.The Planning Commission shall be thefinal approving authority for a utility substation
site plans unless a wall location modification is requested in which case thePlanning
Commissionshallprovidearecommendationto the CityCouncil andtheCityCouncil shall be
thefinal approving authority.
The Planning Commission recommended the City Council amend Section 22-6-10(F) of the
recommendation.
Kathy Hoffman, representative for Rocky Mountain Power, encouraged the Council to approve
the proposed change.
only two other parcels. Any application for those would come back to the Council.
Mayor Brunst opened the public hearing. No one came forward to speak, so he closed the public
hearing.
Mr.Macdonald observed that the Planning Commission took a lot of time to study out issues
before them. He said the Council should have good reasons for not following the Planning
Commission's recommendations.
He then moved, by ordinance, to amend Section 22-6-10(F) of the Orem City Code pertaining to
fencing requirements for utility substations. Mayor Brunst seconded the motion. Those voting
aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and Brent
Sumner. The motion passed unanimously.
City Council Minutes -May 24, 2016 (p.9)


6:00 P.M. PUBLIC HEARING - Fencing Requirements in Nonresidential Zones
ORDINANCE - Amending Section 22-14-19(D)(2) of the Orem City Code pertaining to
fencing requirements in nonresidential zones
Mr. Bench presented the Department of Development Services request that the City Council
amend Section 22-14-19(D)(2) of the Orem City Code pertaining to fencing requirements in
nonresidentialzones
              
State Street (C2 zone) to install a six foot high fence immediately behind his required
landscaping, or about ten feet behind the property line. The owner would like the fence in that
location in order to secure the outdoor display of the owner's merchandise (landscaping
products).
Although the City Code typically allowed fences up to eight feet in height in nonresidential
zones, any fence higher than three feet must be set back a distance at least equal to the required
setback. In most situations, the required setback and the width of the required landscaping were
the same and so a fence could usually be installed right behind the required landscaping.
However, with corner lots, the width of the required landscaping was often less than the required
setback.
but the width of the required landscaping was only ten feet from the property line. In such a case,
a fence higher than three feet must be installed ten feet behind the required landscaping. That had
the potential to create undesirable “dead space" between the back of the required landscaping
and the point where a fence higher than three feet may be installed (a distance of ten feet). For
the owner referred to above, the current ordinance would cause him to lose the practical use of
ten feet of area between the back of his required landscaping and the point where he could install
his six-foot fence.
In order to address this situation, staff proposed to amend the fencing requirements for
nonresidential zones to provide that a fence greater than three feet in height might not be located
in a required landscaped area instead of in a required setback area. It would then allow corner lot
to ten feet behind the required landscaping. However, the ordinance would still prohibit any
sight-obscuring fence higher than three feet in any clear vision area.
The text of the proposed amendment was as follows:
22-14-19(D)
 D. Nonresidential Zones. The following restrictions shall apply to all fences located in nonresidential
zones:
1. Height. The maximum height of fences in nonresidential zones shall be eight feet (8').
2. Location. No fence higher than three feet (3') mayshall-be located in a required landscaped area in a
the-front yard setbaek-or side yard setbaek adjacent to a street. Exception: Property loeated in the M1
and M2 zones inay have a-fence-up-to eight feet (8'), provided that no fence is located within-a
required landseaped area in a front yard or side yard adjacent to the street.NoIn no case shall a-fence
shall be closer than ten feet (10') to a public-right- of-way. No fence may be located in the clear
yision area as outlined in Section22-14-10 of the Oren City Code.
3.Materials
City Council Minutes -May 24,2016(p.10)


a. Fences in all nonresidential zones except for the M1 and M2 zones shall be constructed with stone,
brick, block, stucco, cedar, vinyl, wrought iron or steel reinforced polyethylene panel that has the
appearance of stone.
b.Fences in the M1 and M2 zone shall be constructed with any of the materials described above or
withchainlinkorchainlinkwithfactoryinstalledsight-obscuringslats.in-the M1and M2zone.
Fences loeated-within the Ml-and M2 zone-shall-be-constructed with-stone, briek,-bleek, stuceo;
cedar, steel-reinforced-polyethylene panel that-has-the-appearanee-of stone; chain-link-or-chain-link
with-faotory-installed-sight-obseuring slats
He said the Planning Commission recommended in favor of the proposal. City staff supported
the Planning Commission recommendation.
Mr. Macdonald said he drove by that cormer and found it difficult to see around. He expressed
concern that the change would make it worse. Mr. Bench said the business had recently received
site plan approval that would take care of that problem.
Mr. Seastrand wondered what other parcels might be affected. Mr. Bench said a landscape
businesswas different than a car dealership.
Mayor Brunst opened the public hearing. No one came forward, so he closed the public hearing.
pertaining to fencing requirements in nonresidential zones. Mrs. Lauret seconded the motion.
Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark
Seastrand, and Brent Sumner. The motion passed unanimously.
6:00P.M.PUBLICHEARING-MobileVendors -Summerfest
ORDINANCE - Amending Section 12-5-12 of the Orem City Code pertaining to mobile
vendors
Mr. Bench presented the Development Services Department's request that the City Council
amend Section 12-5-12 of the Orem City Code pertaining to mobile vendors.
Approximately one year ago, the City Council enacted an ordinance that prohibited mobile
vendors (food trucks) from parking on public streets within 1oo0 feet of the City Center Park
during the Summerfest celebration. The intent of that ordinance was (1) to prevent food trucks
from occupying parking spaces that would otherwise be used by Summerfest patrons, (2) to
prevent customers of food trucks from congregating on sidewalks while waiting in line and
the economic opportunity created by Summerfest without sharing in the costs of putting on the
event.
This year the Summerfest activities would be expanded to the Scera Park. The concerns that
applied to mobile vendors at the City Center Park during Summerfest would also apply to mobile
vendors at the Scera Park. Staff therefore proposed to amend the mobile vendor ordinance to
limit mobile vendors near the Scera Park during Summerfest in the same way that mobile
vendorswere limited at the CityCenterPark.
City Council Minutes -May 24, 2016 (p.11)


The proposed amendment would prohibit mobile vendors from parking on public streets within
1,000 feet of the Scera Park during the Summerfest celebration. The language of the proposed
amendment:
12-5-12.MobileVendors
A mobile vendor may only be a food vendor, and must have all required licensing from the Utah County
Health Department. All equipment related to food preparation must be in a self-contained unit such as the
vehicle itself or an attached trailer. An operating mobile vendor may not interfere with vehicular or
annual Summerfest celebration typically held in June of each year.
The Planning Commission recommended approval, and staff supported the Planning
Commissionrecommendation.
Mr. Seastrand asked about typical mobile vendor activity. Mr. Bench said many of them were
alreadypartoftheSummerfestevent.
Mayor Brunst opened the public hearing, but no one came forward to speak. He closed the public
hearing.
Mrs. Lauret moved, by ordinance, to amend Section 12-5-12 of the Orem City Code pertaining
to mobile vendors. Mr. Seastrand seconded the motion. Those voting aye: Richard F. Brunst,
Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and Brent Sumner. The motion
passed unanimously.
ORDINANCE - Approving the amounts to be awarded to the CARE Grant Recipients for
the2016CAREGrantingRound
Mr. Downs presented the City Manager's recommendation that the City Council, by ordinance,
approve the amounts to be awarded to CARE grant recipients for the 2016 granting round.
On November 8, 2005, a majority of City of Orem voters voted in favor of enacting a local sales
and use tax of 0.1 percent as a means of enhancing financial support for recreational and cultural
facilities, and cultural organizations within the City of Orem. Known as the Cultural Arts and
Recreation Enrichment tax (CARE), the Orem City Council enacted the tax by ordinance on
November 22, 2005. The tax went into effect April 1, 2006, and was authorized for a period of
eight years. On November 5, 2013, a majority of City of Orem voters voted to continue
collecting the CARE tax for an additional 10 years.
On February 9, 2016, the City Council amended the CARE Program policies and procedures,
establishing eligibility requirements and an application process for this competitive granting
program. Three categories of grants were established, including Recreational and Cultural
Facilities, available for publicly-owned or operated facilities; Cultural Arts Major Grants, of
$10,0o0 or more for operating costs of nonprofit cultural arts organizations, Cultural Arts Mid-
Major Grants, of between $5,000 - $9,999 or more for operating costs of nonprofit cultural arts
organizations and, Cultural Arts Mini Grants, of up to $4,999 for operating costs of nonprofit
cultural arts organizations.
City Council Minutes - May 24, 2016 (p.12)


Applications for the current CARE granting round had been due on March 10, 2016. As a group
and with members serving as a smaller review panel, the City Council, along with the CARE Tax
Advisory Commission, met in a series of public meetings in March and April to hear from
applicants and to consider their grant requests.
Utah law required that the entire amount of revenues and interest collected as a result of the
imposition of the tax be distributed in a manner consistent with Utah Code Ann. 59-12-1403,
which allowed for granting to one or more facilities or organizations. Utah law also required the
City to provide for that distribution by ordinance.
ini&Mid-Major Grant FundingProposal 
Organization Request Proposed Award
Orem Chorale $4,999 $4,500
Latinos in Action $4,999 $3,500
Wasatch Chorale $4,999 $4,000
Utah Storytelling Guild $4,999 $4,500
Utah Baroque Ensemble $4,999 $4,500
Chauntennettes $4,999 $4,500
Utah Film Center $1,500 $1,500
Center Stage Performing Arts $4,999 $2,000
Utah Valley Civic Ballet $4,500 $4,500
Utah Music Association $4,999 $4,500
Wasatch Contemporary Dance $4,999 $2,500
OnSite MobileDanceSeries $4,500 $2,000
Wall PlayersFoundation $4,999 $1,500
Freedom Vehicles $4,999 $4,500
Colonial Heritage Foundation $9,999 $9,999
Grassroots Shakespeare $9,940 $4,500
Witness Music $6,400 $3,000
$9,693 $4,500
Cantorum Chamber Choir
Roots of Freedom $9,999 $6,000
TOTAL $111,520 $76,499
Mr. Downs reviewed the five Major Grant proposal options for the Council to consider.
City Council Minutes -- May 24, 2016 (p.13)


Proposaly
5
HALE CENTER THEATER (23.5%) $500,000 $330,000
UTAH REGIONAL BALLET (32.4%) $75,000 $26,093
SCERA (35%) $654,215 $537,000
TOTAL $1,229,215 $874,215
ProposalB
$500,000 $332,000
HALE CENTER THEATER (23.5%)
UTAH REGIONAL BALLET (32.4%) $75,000 $26,093
SCERA (35%) $654,215 $535,000
TOTAL $1,229,215 $874,215
ProposalC
$336,916
HALE CENTER THEATER (23.5%) $500,000
$75,000 $26,000
UTAH REGIONAL BALLET (32.4%)
SCERA (35%) $654,215 $530,177
TOTAL $1,229,215 $874,215
Proposal D
HALE CENTER THEATER (23.5%) $500,000 $336,666
$75,000 $26,500
UTAH REGIONAL BALLET (32.4%)
SCERA (35%) $654,215 $529,927
TOTAL $1,229,215 $874,215
HALE CENTER THEATER (23.5%) $500,000 $348,478
UTAH REGIONAL BALLET (32.4%) $75,000 $25,950
$654,215 $518,665
SCERA (35%)
TOTAL $1,229,215 $874,215
City Council Minutes -May 24,2016(p.14)


Recreatlon FundIng Proposal 
iProposedAward
SPLASHPAD-PALISADEPARK $350,000
ALL-TOGETHERPLAYGROUND $104,592
FACILITY/FIELDMAINTENANCE $15,000
FITNESSCENTER-POOLIMPROVEMENTS $400,000
DOGPARK $100,000
TOTAL
$969,592
Mayor Brunst said he thought the CARE tax did a great deal to improve the quality of life in
Orem. He said he preferred Option D because the money was prorated between the Hale and the
SCERA. The amount for the Regional Ballet would be well spent. On the recreation side he was
in favor of the proposed list.
Mr. Macdonald noted that the All-Together Playground had received over $300,000 in additional
donations. The CARE funding also generated more than the actual tax funds given in grants. He
then said he agreed with the Mayor about Option D.
Mr. Seastrand said that over the history of the CARE tax, the organization that had grown the
most was the Colonial Heritage event. One intent of the CARE tax was to encourage and help
organizations flourish. He said he preferred Option C but, since the only difference between that
and D was the extra $500 for the ballet, he could support Option D.
Mr. Sumner said the mini grants functioned as seed money for those organizations. The renewal
of the CARE tax two years ago indicated to him that the residents were pleased with the way
money had being distributed. Many of the events held by these organizations brought people
from outside of Orem to the city where they generated sale tax revenue. He said the SCERA had
been around for a very long time, and he preferred Option A.
Mrs. Lauret said she was in favor of giving the small amount of extra money to the Regional
Ballet and supported Option D.
Mr. Lentz said he could be in favor of C, D, or E.
Mayor Brunst moved, by ordinance, to approve the amounts to be awarded to CARE grant
recipients for the 2016 granting round with Option D. Mrs. Lauret seconded the motion. Those
voting aye: Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald,
and Mark Seastrand. Those voting nay: Mr. Sumner. The motion passed.
Mr. Macdonald said he would like to have a discussion on the overall philosophy of the CARE
grants.
City Council Minutes -May 24,2016 (p.15)


6:00P.M.PUBLICHEARING
RESOLUTION-Adopt the 2016Water RateAdjustment
Mr. Winterton said the State Legislature recently passed a bill requiring communities to come up
with a tiered system to encourage water conservation. On April 28", the City Council adopted
the 2016 Water Master Plan and recommended the seven-year CIP values found in the Water
User Rate Study. The City Council recommended that, instead of a winter/summer seasonal rate,
the City adopt a tiered rate structure to meet the revenues in the seven-year CIP plan. This
adjustmentwouldmeettherequirementsfoundinUtahStateCode73-10-32.5CulinaryWater
Pricing Structure (http://le.utah.g0v/~2016/bills/static/SB0028.html).
City Staff; Bowen Collins and Associates; and Lewis, Young, Robertson, and Burningham
studied 3-tier and 4-tier rates, analyzed historic water use data, and studied several volume block
limits. Depending on the block volume option selected, the final rate for each block would be
established to meet the CIP increase of $2,100,000 for FY 2017.
One goal of the tiered rate structure was to capture most users' indoor water use within the first
tier. Seventy-eight percent of the utility accounts were 3/4" meters. The first tier block volume
amount for the 3/4" meter were established by analyzing winter (indoor) water use data and
setting the limit so that most (90%) 3/4" accounts will not reach tier 2 in the winter months (Nov
- April). For a 3/4" meter, this value was 13,000 gallons.
The second tier block volume value was calculated so that most (90 percent) 3/4" accounts
would be under the volume consumed in the shoulder months (May, June, and October). For a
3/4" meter, this value was 34,000 gallons.
The third tier block volume value was calculated so that most (90 percent) 3/4" accounts would
be under the peak months (July-Sept). For a 3/4" meter, this value was 65,000 gallons.
The forth tier block volume was anything above the third tier. For a 3/4" meter, this value was
any volume above 65,000gallons.
Once the 3/4" block volumes were established there were several options for setting volumes for
meter 1" and greater.
A. Use the same block volumes throughout all meter sizes - This becomes very punitive
for large meter sizes (and larger water users). Most larger meters would reach Tier 4
even in the winter months and thegoal of indoor water use remaining in Tier I was not
met.
B. Utilize arbitrarily set block volumes - This was discouraged because there was little
rationale behind the numbers and was not repeatable from year to year.
Use the 9oth percentile method throughout all meter sizes - This was a viable option.
C.
This option produces larger block volumes than the AWWA multiplier option shown
below, particularly in the larger meters.
Use the AWWA multiplier for block volumes - This option produced block volumes
D.
less than the 9oth percentile option (which would encourage more conservation), was
the method that base rates strive to follow, was repeatable from year to year, and was a
defendable form of setting water rate structures.
Options A and B were not analyzed for rate structures for each block because it was determined
that options C and D had more advantages as described above. Both C and D block rate
City Council Minutes -May 24,2016 (p.16)


structuresweresimilar.Because option Chadslightlylargerblockvolumeranges,therateswere
slightly higher.
Tier rates under both scenarios graduate with multipliers of 1, 1.25, 1.5, and 2.0, respectively.
Option C
Tier 1 - $0.73
Tier 2 - $0.91
Tier 3 - $1.10
Tier4-$1.42
Option D
Tier 1 -$0.71
Tier 2 -$0.89
Tier 3-$1.07
Tier4-$1.46
Option C blockvolumes bymeter size:
Table1:RepresentsFlowAllotment(9oth)byMeterSize
Meter Tier1 Tier2 Tier3 Tier4
0.75 11 65 >65
112
1 21 64 >112
1.5 94 231 389 >389
2 120 324 580 >580
3 477 655 1362 >1362
4 930 1405 2921 >2921
2161
6 1069 4860 >4860
8 995 5736 6474 >6474
10 1088 1435 1592 >1592
OptionDblockvolumesbymetersize:
Table2:RepresentsFlowAllotment(AWWA)byMeterSize
Meter Tier1 Tier2 Tier3 Tier4
0.75 11 65 >65
1 18 57 109 >109
1.5 37 113 216 >216
2 59 181 346 >346
3 110 340 650 >650
4 220 680 1300 >1300
6 458 1417 2709 >2709
587 3466
8 1813 >3466
10 1063 3287 6284 >6284
He said staff recommended Option D.
City Council Minutes-May24,2016（p.17)


Mr. Lentz said he was generally pleased with the proposal, though he might change one thing to
bring the numbers into increments of six.
Mayor Brunst reiterated that the City was being required to make the change by new State law.
He said he was comfortable using the AWWA standards and felt the City was on the right path.
He was in favor of making the change to the base rate effective July 1, 2016 and the tiered rate
on November 1,2016.
Mayor Brunst then opened the public hearing. No one came forward to speak, so he closed the
public hearing.
Mr. Sumner said a lot of public education would need to take place to inform the residents of the
change.
Mr. Tschirki said they would use utility bills and newsletters to show what would be coming.
  e     n s o se  t   
water and save money. The webpage would point the residents to many resources.
Mrs. Lauret said she worked for American Fork when they had a 600 percent increase; it was not
well received. Giving businesses advance notice was also important.
Mr. Seastrand said there were two trends happening. One was underfunding of maintenance for
the infrastructure. The second was the new State law for a tiered system. He asked that the public
hearing be reopened.
Mayor Brunst reopened the public hearing.
Murray Low said the residents should understand that there were two issues. He was not sure the
proposal would really encourage conservation, but he understood why the Council was making
the change.
Mayor Brunst closed the public hearing.
The Council and staff discussed Mr. Lentz's suggestion and determined to leave the formula as
originally proposed.
Mayor Brunst moved, by resolution, to approve the 2016 Water Rate Adjustment and with
Option D for the rate structure, with the base rate going into effect on July 1, 2016, and the tier
rates going into effect on November 1, 2016. Mr. Sumner seconded the motion. Those voting
aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, and Brent
Sumner. The motion passed unanimously.
COMMUNICATIONITEMS
 n n d s    s   
City Council Minutes - May 24, 2016 (p.18)


CITYMANAGERINFORMATIONITEMS
At the invitation of Mr. Davidson, Mr. Bench reviewed upcoming agenda items that were
skipped during the premeeting.
Mr. Davidson said that in the past the Council had taken a meeting off in either July or August
and wondered if they were interested in doing that this year. The Mayor suggested the July 26th
meeting. The consensus of the Council was to cancel that meeting.
ADJOURNMENT
Mr. Macdonald moved to adjourn the meeting. Mr. Seastrand seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand,
David Spencer, Brent Sumner. The motion passed unanimously.
The meeting adjourned at 8:01 p.m.
OREM
CITYOF
8
CORPORATE
SEAL
Osma R.ave
Donna R. Weaver, City Recorder
Approved: June 14, 2016
CityCouncil Minutes-May24,2016(p.19)