City Council · 2016-08-09

CITY OF OREM
CITYCOUNCILMEETING
56 North State Street Orem, Utah
August 9, 2016
3:00 P.M. WORK SESSION -PUBLIC SAFETY TRAINING ROOM
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; Richard
Manning, Administrative Services Director; Bill Bell,
Development Services Director; Karl Hirst, Recreation
Department Director; Scott Gurney, Fire Department
Director; Gary Giles, Police Department Director; Chris
Tschirki, Public Works Director; Charlene Crozier, Library
Director; Jason Bench, Planning Division Manager; Sam
Kelly, City Engineer; Steven Downs, Assistant to the City
Manager; Pete Wolfley, Communications Specialist; and
Jackie Lambert, Deputy City Recorder
DISCUSSION -Dog Park Update
Mr. Hirst presented an update on the City's proposed Orem Bark Park. He reminded the Council
of the proposed location at the Timpanogos Park and spoke to some of the advantages of the site
selection.He said:
· The site had some mature trees which would be valuable in creating shade and
beautification.
They would have some grass areas but were trying to eliminate some of the surface
areas.
Instead of using pea gravel they intended to use a crushed aggregate around the edges
near the fencing and around the trees.
They were trying to make landscaping easier as well as avoid the typical issues that came
from animals in parks.
 There would be a mixture of materials in surface.
s a   p  psa n  do  pu   s  
good suggestions made. They were planning to have ADA' accessible double gates to allow for
transitions in and out of the park. A suggestion was madeito.have some cement pads to allow
visitors who used wheelchairs, walkers, and strollers to rest on. He said some of the suggestions
from the public were not necessarily fiscally possible but some could be implemented.
Mr. Downs said a survey had been conducted using a tool called GroupSolver in which 235
respondents answered questions and gave suggestions for the park. He said 69 percent of those
City Council Minutes - August 9, 2016 (p.1)


that responded were Orem residents. He said the GroupSolver tool allowed for user-generated
questions to be voted on and discussed by other users. The top four ideas for the park were:
1. Plenty of seating - 95%
 2. Proper fencing including double gates and separated small and large dog areas - 97%
3. Shade - 99%
Mr. Downs said other ideas had been discussed that were also popular, like having a mister or
 a  d n         n e  a
dogs and owners were likely to continue using the park into the evenings and in the colder
months because dogs were better able to withstand the cold. Mr. Hirst added that lighting and
other equipment like misters and jungle gyms for these kinds of parks were fairly expensive and
may not be possible in the initial build.
There was subsequent discussion about how to fundraise for additional equipment by reaching
out to enthusiastic dog owners and local pet stores. Mr. Hirst suggested that once the park was
initially built they could look to fundraise and continue to add to the park. Mr. Davidson made
the suggestion that they should install electrical conduits in anticipation of adding lighting to the
park in the future.
Mr. Hirst said he was hoping to get the Council's approval to move forward with the project and
 s  d   d  e  r n   ss     
a question from the Council Mr. Hirst said he anticipated beginning the construction in the fall.
Depending on winter conditions they could potentially take advantage of the slower construction
period and have the park ready in the spring.
The general consensus of the City Council was to move forward with the Orem Bark Park in the
proposed location.
DISCUSSION -City Centennial Considerations
Mr. Downs introduced City Management intern Nick Estrada to present on considerations for
Orem's Centennial year - 2019. Mr. Estrada said he had been working on a project with the
Orem-Geneva Times newspaper that had given him the opportunity to see what the City did for
the 50" and 75th anniversaries of the City of Orem. He gave a presentation about possible
considerations for the City Centennial Celebration.
Orem - 1919 to 2019
· 1969 - Orem's Golden Happening
0 Ran from March to December
o Song, essay, art contests
Memories published in the Orem-Geneva Times
o：  50 year anniversary and birthday parties
·1994 - Orem's Diamond Jubilee
0 Lasted the extent of Summerfest
0Diamond contest
Birthday cake
0 Inaugural baby contest
City Council Minutes - August 9, 2016 (p.2)


o RC races
Traditional Centennial Events
Proclamation from Mayor
Time capsule
Incorporation play
Ball or gala
"Still Fruitful - Orem's Roots and Growth
Fruit
o
Railroad
o
o Steel
o Technology
Families
Tying Together Old and New
A night of former Miss Orem winners
 Original baby contest winners judging 25"h annual contest, inclusion on parade
float
Bid to host Miss Utah
Honoring of centenarians in Orem
Reunion Day
Orem memories (in newspaper or on social media)
Restoration of the Orem Preservation Committee
Recognition of noteworthy Orem residents/businesses
Panel with former Orem Mayors/Councilmembers
Orem scrapbook
Considerations
Contest tied to newsletter (serial number)
Commemorative mural
Restoration of Bicentennial Statue
Inauguration of a City Mascot
Marketing
■ Dedicated logo and website
Additional Considerations
Merchandising
■
■ Committee organization
Budget allocation
■
Sponsorships
Final Considerations
How big?
Who should take the lead?
o
How does the City want to allocate funds?
Mr. Estrada said there were many opportunities for collaboration with groups like the SCERA
and the Orem Heritage Museum, and other long-standing organizations within the community.
He said the final considerations were probably the most fundamental to be decided early, as they
would determine the scope of the celebrations and allow for thoughtful planning leading up to
the Centennial. Mr. Estrada said he would love to see more art installations in the city, as they
were generally a great way to bring people together and would be a benefit to the community.
City Council Minutes - August 9, 2016 (p.3)


There was discussion about Provo's Centennial and subsequent celebrations. The Council
suggested the following to be considered as part of Orem's celebrations:
Map showing overlays of where canals, railroad tracks and stations, orchards, etc. used to
be within the city
100Days/ActsofService
City “passport” to visit significant locations to collect stamps for reward
Commemorative coins
City birthday party
Food and games from 100 years ago
CollaborationwithUVUandAlpineSchool District
Collaboration with neighborhood chairs and larger budget for spring clean up
Commemorative puzzle-commissioned by local artist, e.g. Eric Dowdle or James C.
Christensen
Keynote speaker-like Orem resident Governor Gary Herbert
Mr. Seastrand said there were already a number of citizen commissions that were established,
and he suggested having one representative from the various existing commissions to form an ad
hoc commission for the planning and organization of the centennial.
Mr. Lentz expressed some concern about the budget and going overboard when there were other
priorities within the City that needed to be addressed. He said the more outstanding part of the
celebrations would not be the keepsakes and merchandize but the memories.
Mr. Macdonald suggested that some of the funding for the event could be set aside from the
CARE monies over the next few years. Genelle Pugmire added that sponsorships from groups
like The Daily Herald and donations could be a part of the funding as well.
Mr. Davidson said the intent of this initial discussion was not to plan out every detail to the
letter. He stressed that some things would take time and money, so it was important that these
things be considered now when there was time to plan.
Mr. Estrada encouraged the Mayor and Council to reach out to him with any further ideas to
consider.
DISCUSSION-QuestarGasPipelineProjectUpdate
Mr. Davidson said he had spoken with multiple Councilmembers who regularly got questions
about the Questar Gas Pipeline project going through the City. The misconception that this was
the City's project was widespread. He said Orem staff had been getting more calls about this
project than any Orem project and had been acting as the customer service line for Questar. He
asked Sam Kelly to reach out to Questar and ask them to provide an update. Mr. Kelly
introduced Alex Howard and Bobby Davis with Questar, and Brad Coleman with Canyon
Pipeline, the contractor on the project.
h  ps  p   s asd  e n   s p 
Mr. Coleman said they were nearing the end of the project and were finishing the work on Main
Street at the moment.
City Council Minutes - August 9, 2016 (p.4)


In response to a question from Mr. Macdonald, Mr. Kelly explained that pipeline projects like
these that were in the same areas or ran along the same roads could often not be worked on
simultaneously. There were issues of space for equipment and personnel in the trenches, and
other factors that had to be considered. He said Questar had been repaving the road in wide
patches, trying to avoid the wheel paths. Mr. Kelly said Orem would have some projects in the
latter part of the year, but they needed to do some underground work for sumps and piping.
Mr. Coleman said they expected the project to finish within the next two or three weeks. He said
there had been open trench work on University Parkway to install a ninety-year pipe that needed
more quality control. It was currently worked on at night, then the road was milled down and
open trench areas were covered with plates. Mr. Howard said they anticipated being done in the
University Parkway area in three weeks or so.
Mayor Brunst and Mr. Seastrand asked about the compressor stations at approximately
800 North and State Street (near Macey's Grocery) and 800 South and 200 West. Mr. Howard
said the station near Macey's was a feat of engineering, designed to handle 300 pounds of
pressure. The other station on 800 South and 200 West was a smaller station that would take
from high pressure systems to intermediate. Mayor Brunst complimented Questar on the quality
of their repaving efforts.
Mr. Bell said Mr. Coleman could be reached directly for customer support if needed on his cell
phone.
Mr. Davidson said the Questar project was similar to projects needed in Orem for utilities
pipelines as well as Rocky Mountain Power to upgrade power lines. He said it was typical as
systems aged that they would need replacing, and it so happened some of these things would
overlap with each other.
DISCUSSION - UTOPIA Update
Mayor Brunst and the City Council had a general discussion about the current status of UTOPIA
and the direction they would like to take in moving forward. Roger Timmerman, President of
UTOPIA was present for the discussion. Mayor Brunst gave an update of the five-year plan for
UIA, and comparisons of UTOPIA's broadband speeds and service options with other providers.
There was discussion about the technical specifications of fiber. Mr. Davidson said a concern
was that other providers had more components to their services than broadband alone. That made
the environment for a fiber network even more competitive.
Mayor Brunst asked what the definition of success for UTOPIA in would be in the City or Orem.
He asked each of the Councilmembers to share their thoughts and goals and ideas of success for
the program.
Mr. Seastrand said collaboration between the organizations, cities, and customers would be key.
He was concerned that there was not a good data collection process in place. He also hoped
through collaboration that a strategy could be developed to provide service to interested areas
and increase opportunities to connect. Mr. Seastrand said he would like to pay the operating
expenses and have some debt exposure. He added that he would prefer to build out infrastructure
o s    o  s os sd q o   n 
City Council Minutes - August 9, 2016 (p.5)


Mr. Lentz said his number one goal was making UTOPIA available to those who were willing to
pay for the connection. It was frustrating for those with the means and desire to connect that had
not been able to. He said he was concerned about the misunderstanding that some had about the
capability and relevance of copper infrastructure in the future. He said he had attended UTOPIA
meetings and done his own research and was aware of the competition and their pricing and
marketing strategies. He spoke to the possibility of other providers leasing the fiber network
once it was built out. Mr. Lentz said broadening the scope of the Public Works Advisory
Commission (PWAC) to include telecommunications and broadband fiber was a good idea.
Mr. Sumner said he felt they were doing a better job with UTOPIA but there was certainly still
room for improvement. He agreed that there needed to be better coordination between the groups
involved and thought there should be a strategy to make connections possible for those who
wanted them. He felt the marketing of the product would be important in bringing in new
connections, and wondered if UTOPIA already had a plan and what it would involve.
Mrs. Lauret asked about infrastructure in neighborhoods with less than ideal soil conditions, like
her own neighborhood. She said she wanted to see the engineering report that UTOPIA was
finishing, so they could see the real costs for building in all areas. From there they could plan for
the build out of Orem and better gauge return on investment. Mrs. Lauret agreed with Mr.
Seastrand about paying the outstanding operational expense costs.
Mr. Spencer said his number one concern was that there be no new debt because of UTOPIA. He
had been against the Macquarie deal and thought they should move forward only as people were
willing to pay for the service. He asked about the possibility of selling UTOPIA, and said he was
interested in the idea of building out the network to have others lease the fiber to cover those
costs. He said he would like to be provided the exact costs of connection from a home to a
conduit.
Mr. Macdonald said he was frustrated with discussions like these, where numbers were spouted
off with no context. He said there were problems and ignorance on all sides. Some did not
understand the technology. Some did not understand the financing and contractual obligations,
and cost of operations. There were issues in public opinion about the program, and in his
personal opinion, issues of character and honesty in the running of UTOPIA. One of his major
frustrations was that Orem did not seem to have an equal “voice at the table" with the other
UTOPIA cities. He admitted that Orem's own Council had a hard time finding a clear vision for
the program, but he did not see any cohesion with the eleven UTOPIA cities either. He was
frustrated with the dysfunction of UTOPIA at the higher levels.
Mayor Brunst said he would like to see build out based on demand, and he was interested in
seeing the engineering study for costs. He said he wanted to see comparisons with other cities as
well. His understanding was that a part of the five-year plan was an “awareness strategy" to send
representatives door to door to educate people about the program. He wanted to know how they
could pay down the debt and keep operating expenses in line, and wondered if UTOPIA would
ever be aself-sufficientprogram.
Mr. Timmerman said UTOPIA had a good take rate and was the most successful provider in
areas where UTOPIA was available. He said they were seeing increases in available areas, and
hoped to expand those. He said if UIA were to rank areas that were left for build out based on
CityCouncil Minutes -August 9,2016(p.6)


costs and take rate they would also look at fairness politically. They aimed to balance strategic
and political interests. Mr. Timmerman said certain areas had more ideal soil conditions than
others, and the engineering study would help them understand the real costs of build out in those
areas. He said bonding with the eight UTOPIA cities that were not part of "the Big Three" to
build out portions of each city would help improve financial positions for those cities. To Mr.
Macdonald's point, Mr. Timmerman said that some cities were in favor of bonding while others
 e  q d   s  a  u      e
were better off not selling and reinvesting. It would ultimately be the decision of the UTOPIA
Board.
Mr. Manning said from a financial standpoint they would need to know the cost of build out
from today forward before making decisions. He said the bonds would need to be able to stand
completely on their own merit to not need to be guaranteed by franchise tax.
Mr. Davidson said this was as much a pencil and paper issue as it was a political issue. He said it
was somewhat difficult for him to represent the City at UTOPIA and UIA meetings without
knowing the clear vision of the Council. He said, in response to Mayor Brunst's original question
of the definition of success, that he had written down the following bullet points from the
Council's discussion:
·Collaboration and working together with clear vision moving forward
● Connections for those eager to connect and willing to pay
Strategy to reach out to new customers in existing areas of service
·
Mayor Brunst said he would like to see the engineering study and city-to-city comparisons from
UTOPIA when they were available.
5:00 P.M. STUDY SESSION-PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS 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; Richard
Manning, Administrative Services Director; Bill Bell,
Development Services Director; Karl Hirst, Recreation
Department Director; 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; Steven Downs,
Assistant to the City Manager; and Jackie Lambert, Deputy
City Recorder
Preview Upcoming Agenda Items
City Council Minutes - August 9, 2016 (p.7)


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
The Council discussed an issue about an existing billboard on State Street and the future of
billboards and signage along the State Street corridor in connection with the City's State Street
Master Plan. Mr. Earl said he would follow up with the issue and keep the Council in the loop
moving forward.
The Council adjourned 5:59 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M.REGULAR SESSION -COUNCIL CHAMBERS
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; Richard
Manning, Administrative Services Director; Bill Bell,
Development Services Director; Karl Hirst, Recreation
Director; Chris Tschirki, Public Works Director; Scott
Gurney, Fire Department Director; Gary Giles, Police
Department Director; Charlene Crozier, Library Director;
Jason Bench, Planning Division Manager; Steven Downs,
the  City Manager;  Pete  Wolfley,
Assistantto
Communications Specialist; and Jackie Lambert, Deputy
City Recorder
INVOCATION /
Marsha Cerny
INSPIRATIONALTHOUGHT
PLEDGEOFALLEGIANCE Mark Preston
APPROVAL OF MINUTES
Mr. Macdonald moved to approve the following meeting minutes:
Joint Orem/Vineyard City Council Meeting - June 23, 2016
Joint Orem City Council/Alpine School District Meeting - June 30, 2016
City Council Meeting - July 12, 2016
Mr. Sumner 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.
City Council Minutes - August 9, 2016 (p.8)


MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
UpcomingEvents
The Mayor referred the Council to the upcoming events listed in the agenda packet
Appointments to Boards and Commissions
Mr. Spencer moved to reappoint Terri Smith to the Library Advisory Commission, and to
appoint Mike Graul and Shawn Lalliss to the Summerfest Advisory Commission. Mrs. Lauret
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.
PRESENTATION - Miss Orem Donation for the All-Together Playground
Miss Orem Arline Pascual and Miss Orem Teen Glory Thomas and First Attendant Abby Lewis
presented a donation to the City's All-Together Playground. Miss Orem Teen Glory Thomas said
they had hosted a Princess Tea Party as a fundraiser, which was a great success that raised $450
for the playground. They said they were thrilled to be involved with such a great project for the
community.
Mayor Brunst accepted the donation on behalf of the City and posed for a photo with the royalty
before they shook handswith the Councilmembers.
PRESENTATION - Cascade Kindness Club Donation for the All-Together Playground
Boyce Campbell, Principal of Cascade Elementary, and some of the members of the Cascade
Kindness Club presented a donation to the City's All-Together Playground. Mr. Campbell said a
goal the Kindness Club had set was to find ways to serve others. He appreciated their desires to
serve one another and the community. They decided to make friendship bracelets which were
sold at the school, and they raised $185 to donate to the playground.
Mayor Brunst accepted the donation on behalf of the City and posed for a photo with Mr.
Campbell and Kindness Club members before they shook hands with the Councilmembers.
REPORT -- Sleepy Ridge Golf Course
Golden Holt presented a report for the Sleepy Ridge Golf Course. He said he had operated the
golf course since 2005, and that business was good. He said generally a municipal golf course
was successful if they were able to generate revenues at around $1 million. He said Sleepy Ridge
was trending upwards and was a little over that $1 million benchmark. He said he wanted to give
credit to previous Orem staff and Councilmembers who had the vision to collaborate and to
invest in a bigger, better clubhouse. Mr. Holt said the clubhouse had hosted 235 weddings in the
past year and also many other events like parties, dances, and galas. Mr. Holt said there were
also office suites at the clubhouse that were fully leased.
Mr. Holt said in recent recession years many golf courses had to close, especially municipal golf
courses. He was grateful that the City and the golf course had collaborated so well to maintain
the course during those lean years. He called it a true private/public partnership, and said the
model of collaboration had proved effective to a point that other municipalities were looking to
follow the same model.
City Council Minutes - August 9, 2016 (p.9)


reception center. Mr. Holt said he could not speak to the partnership of Cedar Hills and their golf
course, but he said Orem had never subsidized Sleepy Ridge like had been done in many other
cities. His impression was that most municipal golf courses did not generate much revenue, but
Sleepy Ridge generally operated in the black.
In response to a question from Mrs. Lauret, Mr. Holt said the wedding business was somewhat
cyclical. The reception centers were typically reserved on weekends and throughout much of the
summer and fall. He said they could only host two events at the same time, and last year they had
to turn away about 100 requests because they were booked up. He said they anticipated
approximately 200 weddings a year as the standard. He said between golfers and wedding and
Mr. Hirst said this was a very good partnership for both parties, and he was often asked by other
cities how they established such a successful partnership. He said the City and Sleepy Ridge
were equally fortunate partners.
City Manager Appointment
Mr. Davidson asked for the Council's advice and consent on the appointment of Mickey Cochran
to serve on the Board of Adjustment.
Mr. Macdonald moved to give the Council's advice and consent to the appointment of Mickey
Cochran to the Board of Adjustment. 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.
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
werelimited to threeminutes orless.
No one signed up to speak during Personal Appearances.
CONSENTITEMS
Therewere no Consent Items.
SCHEDULEDITEMS
6:00 P.M. PUBLIC HEARING- PD-46 Setbacks - Orchard Heights
ORDINANCE - Amending Section 22-11-59(B)(3)(e) of the Orem City Code pertaining to
setbacks in the PD-46 zone at 200 East 1200 South
the Orem City Code pertaining to setbacks in the PD-46 zone at 200 East 1200 South.
The applicant was currently constructing townhome units in the PD-46 zone. The plat that was
originally approved for the project showed the corner of Unit 208 cut off as shown below to meet
City Council Minutes - August 9, 2016 (p.10)


setback requirements and to prevent encroachment onto the irrigation easement. The distance
between Units 208 and 209 as shown on the recorded plat below was ten feet which was equal to
the required setback.
The applicant recently applied for a building permit to construct a four-unit structure including
Unit 208. However, in the building plans submitted with the building permit application, Unit
208 did not have a cut off corner as shown in the plat. Instead, the upper right corner of Unit 208
was squared off like every other unit which resulted in Unit 208 encroaching into the irrigation
easement and encroaching into the required ten-foot setback.
Although the original approved plat for the project showed a cut off corner for Unit 208, it was
not practical or architecturally compatible with the other units to construct this unit with a cut off
corner. The applicant therefore requested the PD-46 zone be amended to allow a reduction in the
setback between buildings in the PD-46 zone. The PD-46 zone currently required a ten foot
setback between structures and the applicant proposed to reduce this setback to six feet. A
reduction of the setback between buildings to six feet would allow the applicant to realign its
building without losing any units.
The applicant would also relocate the irrigation easement to avoid any encroachment of units
over this easement. The irrigation company that owned the easement had given consent to the
relocation.
If the City Council approved the setback modification as requested, the applicant would be
required to amend the subdivision plat to show the new footprint and location of Unit 208 and
other affected units as well as the relocation of the irrigation easement. This must be done prior
to issuance of the building permit.
The text of the proposed amendment is as follows:
22-11-59(B)
3. Setbacks. All setbacks shall be as shown in the concept plan included as Appendix “NN" of the
Orem City Code. All structures shall be set back at least the following distances:
(a) twenty-five feet(25') from1200South;
(b)twenty-five feet (25') from 200 East measured from back of curb;
(c)eighteen feet (18') from the back of curb or back of sidewalk, whichever applies, when
adjacent to a private street or private drive;
(d) except as otherwise provided herein, fifteen feet (15') from the southern boundary of the
PD-46 zone and twenty feet (20') from all other boundaries of the PD-46 zone; and
(e) ten six feet (106') from another primary structure in the PD-46 zone.
Notwithstanding the foregoing, covered patios may encroach up to seven feet into the setback required
from an exterior property line.
The Planning Commission recommended the City Council amend Section 22-11-59(B)(3)(e) of
the Orem City Code pertaining to setbacks in the PD-46 zone at 200 East 1200 South. Staff
supported the Planning Commission recommendation.
Mr. Bench clarified that amending the setbacks in this PD zone would not change requirements
for other zones. He said they had renegotiated the lines of the structure to accommodate the
City Council Minutes - August 9, 2016 (p.11)


irrigation easement area, which had changed the setback between two buildings in the
development. Dave Irving came forward to represent the applicant.
Mr. Irving said initially the living space above the front porch was not accounted for and so the
cormer setback issue had slipped through the cracks. He said they would like to rectify the issue
and be able to move forward building as they had intended to build.
he did not believe so. He said they typically allowed for a six-foot setback in a residential
development; this issue was in a specific PD zone which was why it required Council approval.
Mr. Seastrand asked if the irrigation ditch would need to be moved. Mr. Irving said it was a
piped and covered irrigation ditch and it would stay in place. They just needed to shrink the
easement to make the building work. Mr. Bench added that the canal company had signed off on
the change and that the item would go back before the Planning Commission for a revised plat
that would show the reconfiguration of the easement.
Mr. Macdonald said the individual units looked good, but he had concerns about the
development as a whole. He had driven through the area and had not seen any green space,
yards, or playground areas and he felt the development was shoehorned into the area. He then
asked about the square footage of each unit. Mr. Irving said the units were mostly identical to
each other and were 2,300 sq. ft. including the unfinished basements. They were 3-story units
with roughly 800 sq. ft. on each floor. He said they would complete a playground behind Lot 1.
Mayor Brunst opened the public hearing. There were no public comments, so Mayor Brunst
closed the public hearing.
Mr. Spencer moved, by ordinance, to amend Section 22-11-59(B)(3)(e) of the Orem City Code
pertaining to setbacks in the PD-46 zone at 200 East 1200 South. Mr. Seastrand seconded the
motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Mark Seastrand, David
Spencer, Brent Sumner. Those voting nay: Tom Macdonald. The motion passed, 6/1.
RESOLUTION- Site Plan - The Villas at Sleepy Ridge at 719 South Sleepy Ridge Drive
in the PD-15 zone
Mr. Bench presented Harold Irving's request that the City approve the site plan of The Villas at
The applicant requests that the City Council approve a site plan for the last developable parcel in
the PD-15 zone at 719 South Sleepy Ridge Drive. Although the Planning Commission approves
most site plans, the PD-15 zone specifically requires City Council approval for site plans in this
zone.
The proposed site plan contains 74 townhome units. The townhome units proposed for this site
will be similar to the townhome units built by the developer on the property just to the south
known as Pheasant Meadows at Sleepy Ridge as well as the units the developer is building in the
PD-46z0ne at 200East1200South.
City Council Minutes - August 9, 2016 (p.12)


The subject property is located in Area C of the PD-15 zone which permits up to eight units per
acre. Area C consists of approximately 78 acres which supports a total of 624 units. With the
completion of The Villas at Sleepy Ridge, a total of 571 units will have been constructed in Area
C which is less than the total allowable density.
The development includes two-story attached homes with garages, open space, and wetland
restoration on the north end of the development. The exterior finishes consist of stone, stucco,
and Hardi-Plank siding. The overall height of the structures is 32' 8" which is under the
maximum permitted height of 35 feet.
A new public street, designated as 1840 West, will be constructed through the project to connect
the development to the south (Pheasant Meadows at Sleepy Ridge) with the development to the
north (Highland Homes Pod C). Right-of-way on 645 North was previously preserved to allow
this connection to occur. All other roads internal to the development will be private.
The developer received written approval from the Army Corps of Engineers to relocate and
restore the wetlands on the north side of the development. The developer will also deed a
remnant of the subject parcel to the City.
The Planning Commission recommends the City Council approve the site plan of The Villas at
  s      a s   a   s
Commission recommendation.
             s    
1840 West. He said Mr. Irving was also the applicant on this project, and the proposal was for 74
units. He said they were proposing a layout that would connect to the public street in the
Pheasant Meadows development and then connect up to Sleepy Ridge Drive. He specified that
the rest of the streets would be private. Mr. Bench said it was next to a protected area that would
remain as open space that was owned by the City.
Mayor Brunst asked if the open space area required much maintenance. Mr. Bench said it was a
Mr. Bench reviewed the proposed elevations and the building materials. He said as part of the
response to Mayor Brunst's question, Mr. Bench said the parking met requirements for the zone.
Mr. Macdonald asked if the units would be to own or to rent. He asked if the units would be
similar to the unit in the other proposed project in the PD-46 area, and if the setbacks were set.
He also asked if they were twin homes or single-family homes, and what the neighboring homes
looked like.
Mr. Irving said they would be similar units to those proposed in PD-46, and that they would be to
own. Mr. Bench said the setbacks would be approximately 10 feet. He said the PD-15 zone had
areas A, B, and C when it was originally developed, and Area C allowed for attached units. He
said the majority of Area C was done with attached-type units with some single-family homes in
Area A. In response to Mr. Macdonald's request, he identified the subject area property on the
overhead map.
City Council Minutes - August 9, 2016 (p.13)


Mr. Spencer asked where the Edge Homes were in relation to the proposed development. Mr
Bench identified the Edge Homes project on the overhead map. Mr. Bench said the overall
density allowed for that project was 624, whereas the proposed Irving development would have
571 units at full build out which number was below the originally constituted density allotment.
P q ss no          e o s 
sell the units yet but had a reservation list for about fifteen pre-sold units. He said the price range
for the units would be around $240,000 to $255,000.
Mayor Brunst moved, by resolution, to approve the site plan of The Villas at Sleepy Ridge at
719 South Sleepy Ridge Drive in the PD-15 zone. Mr. Spencer seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Mark Seastrand, David Spencer, Brent
Sumner. Those voting nay: Tom Macdonald. The motion passed, 6/1.
RESOLUTION - Appointing a successor trustee for purposes of foreclosure under the
Canyon River Special Improvement District
Mr. Earl presented Legal Services’ request that the City Council appoint a successor trustee for
purposes of foreclosure under the Canyon River Special Improvement District (SID).
On June 26, 2001, the City of Orem created the Canyon River Special Improvement District
(SID) located at the mouth of Provo Canyon. On October 2, 2001, $3,680,000 in SID Bonds was
issued to finance certain capital improvements made within the District.
The assessments for all lots in this SID have now been fully paid except for one lot which has a
delinquency in the amount of approximately $37,000 for the 2015 annual assessment payment.
Numerous delinquency notices have been sent to the owner of the delinquent parcel and repeated
attempts have been made to contact the owner with no response. Staff would now like to
commence foreclosure proceedings on the parcel to collect the delinquent amount. In order to do
this, the City needs to appoint a successor trustee for the SID who will handle the foreclosure
process on behalf of the City.
Staff proposed to appoint J. Scott Brown, Esq., as the successor trustee. Mr. Brown has
previously represented the City with respect to other foreclosure actions in the Canyon River SID
and is very familiar with the situation.
The owner of the delinquent parcel can stop the foreclosure process at any time prior to the sale
of the property by paying the amount owed plus interest and the City's costs of foreclosure.
Staff recommended the City Council appoint J. Scott Brown, Esq., as successor trustee for
purposes of foreclosure under the Canyon River SID.
passed away. Mr. Brown had unofficially assumed the position and had been working with the
City on the SID and was familiar with the process.
City Council Minutes -August 9, 2016 (p.14)


Mr. Macdonald asked if the City could act as its own trustee for things like this. Mr. Earl said the
City had that option, but had typically used outside counsel to handle these issues.
Mayor Brunst moved, by resolution, to appoint a successor trustee for purposes of foreclosure
under the Canyon River Special Improvement District. Mr. Macdonald 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.
ORDINANCE - Amending Article 2-34 Public Works Advisory Commission of the Orem
City Code by adding two additional commission members and broadening its scope to
review Public Works issues and make recommendations to the City Council
Mr. Tschirki presented a recommendation that the City Council, by ordinance, amend Article 2-
34 Public Works Advisory Commission of the Orem City Code by adding two additional
commission members and broadening its scope to review relevant Public Works issues and make
recommendations to the City Council
Since its inception in the spring of 2014, the Public Works Advisory Commission (PWAC) has
been charged with the responsibility to review and make recommendations to the Orem City
Council regarding the development and adoption of the Storm Water Master Plan (January
2016), Sewer Master Plan (February 2016), and Water Master Plan (March 2016). In conjunction
with these master plans, the PWAC recommended supporting financial plans and rate models
that were also adopted and recently made effective. In addition to these efforts, the PWAC has
reviewed and provided feedback regarding the conversion of the City's street lighting system to
LED lights, creating a transportation utility fund, and Siemens’ proposal to provide performance-
based services that will benefit the City for many years to come. In a short amount of time, the
PWAC has developed a relationship of trust with staff and the City Council and has become a
well-respected and highly-regarded recommending body.
The City believed that the PWAC's scope should be expanded to include reviewing and making
recommendations regarding City infrastructure that includes water, sewer, storm water, street
lights, roads, telecommunications, and broadband fiber. Consequently, it is recommended that
the number of commissioners be expanded from seven (7) to nine (9), which results in a quorum
consisting of five (5) members. It is also recommended that the Chairperson and Vice
Chairperson serve for two (2) years in these roles to provide greater continuity.
Mr. Tschirki said modifications to the size and scope of an advisory commission were required
to be changed by ordinance by the City Council. He said the PWAC had been heavily involved
in making recommendations to the Council over the last two years for the Storm Water, Sewer,
and Water Master Plans. He said it would be beneficial to have the PWAC also review other
public infrastructures like street lighting, and said that around 500 street lights had been replaced
in the last week or so with LED street lighting. He said this had been part of the effort in working
with Siemens to have more energy efficient street lighting. Mr. Tschirki said Mr. Macdonald and
Mr. Spencer respectively had been liaisons with the PWAC.
Mrs. Lauret asked if this would apply to the current chair of the PWAC, Tai Riser, in having his
period as chair expanded to two years. Mr. Tschirki said Mr. Riser had actually been the chair for
nearly two years but would be concluding his time as chair soon. He said K.C. Shaw had also
City Council Minutes - August 9, 2016 (p.15)


acted as vice chair for the same period.In response to a follow-up question, Mr. Tschirki
specifiedthat thevice chairposition didnotnecessarilymove uptochairbutbothpositions
could be filled by commission members whohad not previously served in that capacity.
Mr.Macdonald moved, by ordinance,to amend Article 2-34 Public Works Advisory
Commissionof theOrem CityCode byadding twoadditionalcommissionmembers and
broadening its scope to review relevant Public Works issues and make recommendations to the
City Council. Mayor Brunst seconded the motion. Those voting aye: Richard F. Brunst, Debby
Lauret,Sam Lentz,Tom Macdonald,Mark Seastrand,David Spencer,Brent Sumner.The motion
passedunanimously.
COMMUNICATIONITEMS
TherewerenoCommunicationItems.
CITYMANAGERINFORMATIONITEMS
Therewereno CityManager InformationItems.
ADJOURNMENT
Mr.Spencer moved to adjourn the meeting.Mr.Seastrand seconded the motion.Thosevoting
aye:Richard F.Brunst,DebbyLauret,Sam Lentz,Tom Macdonald,Mark Seastrand,David
Spencer,BrentSumner.Themotionpassedunanimously.
Themeetingadjournedat6:45p.m.
FOREM
CITYOF
8
CORPORATE
SF.AL
Umma R.
Donna R. Weaver, City Recorder
Approved: August 23, 2016
City Council Minutes-August 9,2016（p.16)