City Council · 2017-02-28

CITY OF OREM
CITYCOUNCILMEETING
56 North StateStreet Orem,Utah
February 28, 2017
3:00 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM
***Mr. Macdonald and Mr. Spencer joined the meeting later via telephone.
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Mark
Seastrand, 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; Ned
Jackson, Police Department; Charlene Crozier, Library
Director; Jason Bench, Planning Division Manager; Neal
Winterton, Water Division Manager; Steven Downs,
Assistant to the City Manager; and Donna Weaver, City
Recorder
ANNUAL REPORT- Orem Police Department Victim Assistance Program :
Due to a scheduling conflict, the Orem Police Departmient Victim Assistance Program Annual
Report was rescheduled to March 28, 2017, at 3:00 p.m.
WATER/SNOWLEVELS
At the request of the Mayor, Mr. Tschirki provided an update on the water situation. He noted
that they were about five or six inches above the 2011 levels, which were record levels. That
year, there were problems with flooding around Utah Lake. This year they did not anticipate the
same fill level and did not foresee flooding, though there could be heavier flows. They now had
two reservoirs that they did not have in 1983, which was another record water year.
DISCUSSION -Division of Water Quality
Mr. Tschirki introduced Walt Baker with the Utah Division of Water Quality (DWQ). Mr.
Tschirki explained that there had been changes in the nutrients of Utah Lake from surrounding
treatment plants, particularly with its nitrogen and phosphorous. Mr. Baker came forward and
introduced Scott Daley, Watershed Coordinator for Utah Lake.
Mr. Baker explained that future growth impacted water quantity as well as quality. Utah was one
of the most urban states in the country. He discussed nutrient pollution, which occurred when
City Council Minutes - February 28 2017 (p.1)


there was an excess buildup of nutrients. The DWQ began formulating a strategy to combat this
issue back in 2008. There was subsequent discussion regarding the following:
·Nutrient quarantines
0$1.5 million was spent in studies to determine what the cost would be if they were
to address the nutrient problem, particularly from wastewater treatment plants.
Most treatment plants were not designed for this purpose; however, Orem's plant
was an exception.
 In 2014, DWQ developed rules and regulations pertaining to Utah Lake. DWQ
representatives attended public meetings at all wastewater facilities in the State,
particularly those surrounding Utah Lake.
Orem's effluent limits were the minimal treatment limits that the City needed to meet.
These studies were technology-based.
Last year's experience with algae blooms in Utah Lake was uncommon and
unprecedented. However, after a similar event in 2014, DWQ met with the Department of
Health to develop a protocol for responding to these types of outbreaks. Protocols
addressed:
o  At what point levels were so harmful that warning signs needed to be posted.
0  At what point it was appropriate to close a beach or marina.
 It was noted that Lindon harbor was closed last year as a result of algae blooms.
。
Implementation plans
What they meant for Orem
When they would be implemented
。
How they would be implemented
Phosphorous effluent rule
0A “one-sized fits all" rule that went into effect in 2014, which indicated that by
2020 all wastewater facilities in the State of Utah needed to meet a one millimeter
per liter phosphorous requirement.
Orem already reached this requirement from the last time the system was
upgraded.
Excess nutrients caused nitrates in drinking water; it was necessary to ensure that
drinking water was protected from nitrates.
Ammonia levels also needed to be kept down, as it was a highly toxic substance to fish.
Ammonia levels were science-based limits, and Orem currently met said limit.
When algae decomposed, it robbed the lake of oxygen and created a slime-like substance
on the lake's floor.
According to the Environmental Protection Agency (EPA), the number one water
problem in the country was controlling excessive nutrients.
2013 Economic Benefit Study
0 Indicated that recreation was a significant benefit of Utah Lake.
。  The study posed the question: “What were Utahns willing to pay to invest in
protecting water quality?"
A companion study showed that for the average Utah home to be able to meet the
one milligram/liter phosphorous limit, it would cost $1.19/month per household.
However, for Orem, specifically, the cost was $o.00.
DWQ implemented a per water body approach in setting standards for maintaining water
safety and preventing nutrient pollution.
Variances were granted if one of the following conditions was met:
City Council Minutes - February 28, 2017 (p.2)


O Economic hardships associated with upgrading facilities
Limit was not necessary to improve water quality
Due diligence had been done in the construction of a new facility
o
·There were several issues regarding the presence of cyanobacteria.
。 The World Health Organization (WHO) determined that cell counts below 20,000
were deemed low and did not pose a health risk.
        n     is
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problematic.
There were various health risks to humans, including liver complications,
respiratory problems, rashes, diarrhea, gastrointestinal problems, eye problems,
etc.
Cyanobacteria were visible as green substance, and should be avoided. Last year,
O
there were 600 calls to Poison Control of individuals who had come into contact
with its toxins.
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population. The recovery project of removing carp was ongoing.
Any restoration efforts needed to be reasonable and cost effective.
·DwQ recommended forming a steering committee.
 Comprised of stakeholders, including agencies, environmental groups, recreation
。
groups, municipalities and wastewater treatment plants, to identify what needed to
be done to improve the lake's overall health and safety.
The steering committee would contact contractors to carry out any projects they
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deemed necessary.
The committee would make recommendations.to the Water Quality Board and the
O
Utah Lake Commission.
Multi-year efforts
 Public involvement and a transparent process
There hadn't been treatment criteria that were defined since the early 1970s. As
population had grown, pollutants into the stream grew commensurately.
In 2010, 13.5 percent of the water that flowed into Utah Lake was treated effluently. In
2050, a quarter of the lake would be treated effluently. Orem had reached forty percent of
that goal.
Oxygen Consumption Potential (OCP) was all of the oxygen reducing pollutants in the
water.
Investing in infrastructure; the City could not follow through on infrastructure projects to
protect natural resources without making an investment.
Water quantity was a nexus with water quality. Factors that affected water quality were
temperature, sunlight for photosynthesis and food sources.
Mayor Brunst asked if there was a history of cyanobacteria in Utah Lake. Mr. Baker explained
that while the presence of cyanobacteria in Utah Lake was not unprecedented, the toxicity levels
found in the lake in 2016 were the highest he could recollect. It was noted satellite images of the
lake during that time (2016) had been presented earlier. When DWQ sent samples to a lab in
Florida, the lab indicated that other states had been sending similar samples and were also
reporting algae blooms all over the country.
City Council Minutes -- February 28 2017 (p.3)


Mr. Baker made mention of a bill currently being considered on the State's Legislative level,
which urged the restoration of Utah Lake. He briefly read through the general provisions of said
bill.
Mr. Baker noted that a million dollars had already been earmarked for restoration projects, with
the potential for an additional $2.5 million more, if necessary, to conduct the pertinent studies.
He discussed the process of dredging, which was an expensive procedure. There had been some
discussion among officials to possibly dredge Utah Lake, thereby reducing its footprint from
             
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restoration efforts.
Mr. Winterton said one of the most argued points on the matter was there were so many nutrients
in the soil, that the problem could never be fully mitigated. He said this argument could be made
in looking at Utah Lake's recent history, as well as studying Lake Bonneville from millions of
years ago.
Mr. Baker said the study would help determine what the soil samples meant and the best
mechanisms for restoring the overall health of the lake.
BUDGET DISCUSSION - Revenue & Compensation
Mr. Manning provided an overview of revenues and compensation for the upcoming 2017/2018
budget discussions.
·Utah was a great state for business.
 0 CNBC and Forbes named Utah the best state for business 2016
 0WalletHub: Utah named State with the best economy in 2016
0CNBC: Provo-Orem Metro Area #2 best for start-up businesses
Population
 0Utah sixth fastest population growth 1.7 percent
Utah County growth rate 2.4 percent
Orem population currently 97,600
。
Sales tax distribution presently 3.15 percent of State
Employment Outlook
State employment growth 2.9 percent
 Growth in Financial sectors, Health and education, Manufacturing
。
Utah County 5.3 percent employment growth
。
Income
Utah personal income growth 1.4 percent (Q1 to Q2 2016)
US personal income growth one percent
Consumer confidence above 110 percent (Economic prosperity level)
Kiplinger projects three percent wage growth in 2017
o
Fiscal Year 2018 Revenue Projections
Property Tax
0 Current taxes
0Delinquent taxes
oVehicles
City Council Minutes - February 28, 2017 (p.4)


Home values were projected to increase five percent in 2017
Increases to property values would decrease tax rate
New construction would increase the City's tax revenues
Sales Tax
Sales Tax was the single largest revenue source for the City; thirty-eight percent
of General Fund
Orem total rate was 6.85 percent
One percent of the 6.85 percent was the municipal share. Of this share:
 Fifty percent stayed with the point of sale community
 Fifty percent was shared based upon population
Orem represented 3.7 percent of the total State population
CARE Tax: one-tenth of one percent stayed with Orem
Sales tax increases occurred when sales were increased in City boundaries,
population increased and disposable income increased
Sales tax received to date:
·$10.4 million
4.86 percent more than last year
■
$486,000 more than Fiscal Year 2016
Best December in City history by $37,102
Sales tax projections for Fiscal Year 2018:
■ The single best indicators of sales tax were income and employment
? Job growth was strong (5.3 percent)
Income growth was strong (three percent)
■
The budget policy was to underestimate revenues
■
Projection 2.9 percent increase in sales tax
Franchise Tax
0Projection for Fiscal Year 2018 was $8.1 million
0 One percent increase over Fiscal Year 2017
Building Fees
Building permit fees
o
Plan check fees
One-time revenues
Fiscal Year 2018 projection was $1.2 million
Water
Water rates funded all aspects of the City's Water Utility
o
Proposed base rate increases; for three-quarters inch meter, the proposed increase
was $15.74 per month to $17.16 per month
New Recurring Revenue was $15.5 million
O
Transfers in were $1.05 million
Appropriation of surplus was $1.7 million
Total available was $18.3 million
WasteWater
Proposed usage changed from $1.42 per 1,000 gallons to $1.85 per 1,000 gallons
New Recurring revenue was $9.1 million
Transfers in was $16,000
Appropriation of surplus was $350,000
Total available was $9.5 million
City Council Minutes - February 28 2017 (p.5)


·Storm Water
Storm water fees were based on impervious surface area
Each single family residential house was one service unit
o
Multi-family, commercial, etc. were charged equivalent service units (ESU).
1 ESU equaled 2700 square feet of impervious surface area
Increased ESU from $6.25 to $6.75
Storm Transfers in was $130,000
Surplus was $375,000
Total available revenue was $4.6 million
Solid Waste
。 First can: current rate was $10.65/proposed increase was $10.85
Second can: current rate was $9.65/proposed increase was $9.85
Recycle cans: current rate was $3.20/proposed increase was $3.25
Green recycling: current rate was $5.70/proposed increase was $5.85
Increases are based upon 1.9 percent CPI increase then rounded.
 Total available was $3.6 million
· A budget overview based on fund was then presented. City-wide totals were as follows:
o1 New revenues: $91.1 million
。 Transfers in: $18.4 million
Surplus: $2.5 million
Grand total: $112 million
Compensation
Council's objective was to enhance employee development
Budget guideline was to create a market driven plan that would attract and retain
good qualityemployees
The plan based the beginning rate at the sixtieth percentile
O
Increase pay was based on merit, not longevity
Full-time compensation was $38.2 million (thirty-five percent revenues, plus
transfers)
Non-benefitted compensation was $2.1 million
Each one percent increase to payroll was $227,374
Impact to General Fund was $539,229
Fifty-five percent of General Fund was for Compensation ($18.1 million)
O
Salary changes
Each year the Pay Plan was evaluated by a third party who recommended
grade adjustments.
The average grade increase recommended was 2.68 percent
■
Proposed merit built into the plan was $682,123
Salary to benefits were split sixty-four to thirty-six
Health increases were $321,625
Additional URS was $158,000
Total Compensation was $38.2 million
OFiscalYear2018RetirementRates
· Total URS was thirteen percent
?Total URS was $5.01 million
Fire rates increased 0.04 percent
City Council Minutes -February 28, 2017 (p.6)


Plans included contributory, non-contributory, Tier 2 hybrid and Tier 2
DC
5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM
CONDUCTING
Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Mark
Seastrand, 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; Ned
Jackson, Police Department; Charlene Crozier, Library
Director; Jason Bench, Planning Division Manager; Neal
Winterton, Water Division Manager; Steven Downs,
Assistant to the City Manager; and Donna Weaver, City
Recorder
PreviewUpcomingAgendaItems
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.
Mr. Stephens updated the Council on the Referendum lawsuit.
The Council adjourned at 5:56 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
***Councilmembers Macdonald and Spencer joined the meeting electronically***
APPOINTED STAFF
Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Richard
Manning, Administrative Services Director; Bill Bell,
City Council Minutes - February 28 2017 (p.7)


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;
Steve Earl, Deputy City Attorney; Brandon Nelson,
Finance Division Manager; Steven Downs, Assistant to
the City Manager; Pete Wolfley, Communications
Specialist; and Donna Weaver, City Recorder
INVOCATION/
INSPIRATIONALTHOUGHT Aaron Orullian
PLEDGEOFALLEGIANCE Troop 479
APPROVALOFMINUTES
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Meeting minutes. Mr. Seastrand seconded the motion. Those voting aye: Richard F. Brunst,
Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner.
The motion passed unanimously.
MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
UpcomingEvents
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mayor Brunst moved to reappoint Cindy Clark to the Arts Council, and to reappoint Kelly
Kirkpatrick to the Heritage Advisory Commission. Mrs. Lauret seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand,
Recognitionof newNeighborhoodsinAction officers
Orem Geneva neighborhood. Mr. Seastrand seconded the motion. Those voting aye: Richard F.
Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner. The motion passed unanimously.
REPORT - Beautification Advisory Commission
Aaron Orullian turned the time over Sean Orullian who introduced Sally Taylor, Chelsea Young
and Tanya Harmon who were present. He mentioned that Emily Davenport, Andrew Watson and
David Wise were also on the Commission. He then reviewed the Commission's
accomplishments from the past year.
·Residential beautification awards
Business beautification awards
Adopt-a-Pot Program
Hanging Flower Pot Project
City Council Minutes - February 28, 2017 (p.8)


·Summerfest Parade
·Orem/UVU Street Banner Improvement
·Goals
Encourage civic pride
Make recommendations for neglected or unsightly areas of the City
 Beautify City entrances
·400 North
■Center Street
■Part of 800 North
Encourage participation in spring and fall clean-up activities
0 Encourage business and citizen involvement in commission efforts
Recognize residential and business owners for contributions in beautifying their
properties.
Aaron Orullian noted that 2019 was Orem's Centennial, and he suggested creating a committee
to plan events and activities that would commemorate this milestone. He volunteered to serve on
the committee.
Mayor Brunst said there were many old Orem signs that could be replaced. Mr. Orullian
suggested installing a marquis at the mouth of the canyon, to invite others into Orem. He said
this would particularly beneficial during the Sundance Festival.
City Manager's Appointments
Mr. Davidson asked for the Council's advice and consent for the appointment of Terry Judd to
the Board of Building & Fire Code Appeals. Mayor Brunst moved to do so. Mr. Seastrand
seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed
unanimously.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on
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were limited to three minutes or less.
Ken Roberts said his home was near the proposed Pegg Development student housing project.
He asked the Council to consider the negative impact to the neighborhood, including traffic and
safety. He has heard others who were also opposed to the project, but that he spoke for himself.
The neighbors surrounding the project were also not in favor of it.
CONSENT ITEMS
There were no Consent Items.
SCHEDULEDITEMS
6:00 P.M. PUBLIC HEARING - YESCO ReZone
City Council Minutes - February 28 2017 (p.9)


ORDINANCE - Amending the General Plan land use map by changing the land use
designation from Medium Density Residential to Regional Commercial and amending
Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone on 0.43
acres at 2008 South Sandhill Road from R6 to Highway Services (HS)
General Plan land use map by changing the land use designation from Medium Density
Residential to Regional Commercial and amend Section 22-5-3(A) and the zoning map of the
City of Orem by changing the zone on 0.36 acres at 2008 South Sandhill Road from R6 to HS.
The applicant requested a rezone of two lots consisting of 0.43 acres. One of the lots was owned
by YESCO and had 9,757 square feet and the other lot was owned by the City of Orem and had
9,147 square feet. The City maintained a detention basin on the City parcel. YESCO maintained
a billboard on its parcel and there was also a storm drain easement in favor of the City over the
entire YESCO parcel. The requested HS zone required a minimum lot size of 7,0o0 square feet.
YESCO originally owned a lot consisting of 0.56 acres or 24,393 square feet at that location.
However, in September 2005, the City acquired a portion of this property from YESCO for the
purpose of constructing a roundabout at the intersection of 2000 South and Sandhill Road and for
the construction of a storm water detention basin. In order to allow the City to acquire the
maximum amount of the YESCO property, the City and YESCO agreed to leave the remnant
YESCO parcel as small as possible. In order to accomplish that goal, the R6 zone was applied to
the property as the R6 zone allowed for the smallest possible remainder lot. YESCO agreed to
the R6 zoning with the belief that the R6 zone would not in any way impede its ability to
continue operating a billboard on the remainder parcel.
At the time of the annexation, the YESCO property was located in Utah County and was zoned
Industrial-1. Because billboards were not permitted in the R6 zone, the existing billboard on the
YESCO property became legal nonconforming when the property was zoned R6. YESCO
desired a rezone of the property to HS so that the property would become legal conforming
instead oflegal nonconforming.
YESCO previously applied to rezone the property to HS in 2014. At that time, there was concern
about rezoning the property to HS because it would have made an existing LED sign on the
property legal and the request was ultimately denied. The LED sign had since been removed
from the billboard and both sides of the billboard were now static displays. The City had also
the east side of I-15 and within 500 feet of I-15.
If the property was rezoned to HS, it would not be able to be used for any commercial use other
than the billboard due to easements in favor of Orem City and lack of access from the
roundabout.
The Planning Commission recommended the City Council amend the General Plan land use map
by changing the land use designation from Medium Density Residential to Regional Commercial
and amend Section 22-5-3(A) and the zoning map of Orem City by changing the zone on 0.43
acres at 2008 South Sandhill Road from R6 to Highway Services (HS).
City Council Minutes - February 28, 2017 (p.10)


Mayor Brunst inquired as to the exact height of the sign. The applicant said it was eighty feet
high from the detention basin, in order to be seen from the freeway. He reviewed some of the
history of the subject property and their sign. A digital face was installed on the south side of the
sign that the neighbors opposed; however, it never performed well anyway and was eventually
removed. He said they wanted to maintain the signs they owned, and the request would merely
give them back full rights that they lost when the property was annexed by the City.
Mr. Lentz said he had attended as a resident the meeting when the request was heard a couple of
years ago. Since then, he said he had seen trust being won back from the community. He asked if
YESCO wanted to do something else to the sign, what could be done.
Mr. Bench said whatever was allowed in the State statute would be permitted. However, because
the City had made the LED signs illegal, that would not be an option.
Mr. Seastrand confirmed that it was the City ordinance that prohibited the LED sign, and Mr.
Bench agreed. Mr. Seastrand said he, like Mr. Lentz, had spoken with many of the neighbors and
appreciated how YESCO had worked to address their concerns.
Mayor Brunst opened the public hearing. No one came forward to speak. Mayor Brunst closed
the public hearing.
Mrs. Lauret asked if Mr. Bench had any concerms with the proposed rezone. He said he could not
see into the future and could not predict any changes to State law; however, under the current
standards he did not see any issues with the application.
Mayor Brunst moved, by ordinance, to amend the General Plan land use map by changing the
land use designation from Medium Density Residential to Regional Commercial and amending
Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone on 0.43 acres at
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motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark
Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
6:00 P.M. PUBLIC HEARING -Highway Services Exterior Finishing Materials
ORDINANCE - Amending Section 22-8-15(B) of the Orem City Code to permit limited
use of metal as an exterior finishing material in the Highway Services (HS) zone
Mr. Bench noted that the Planning Commission had reviewed the item on February 15, 2017, and
continued it for further discussion. The item would be reconsidered on March 1, 2017. This item
will need to be continued to the March 28, 2017 City Council agenda at 6:00 p.m.
       i n      n  s 
Mr. Spencer seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam
Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed
unanimously.
ORDINANCE - Amending Various Chapters of the Orem City Code to Comply with
Utah Law, Reflect Changes to the City's Organizational Structure and Other Operational
Changes
City Council Minutes -February 28 2017 (p.11)


Mrs. Heather Schriever, Deputy City Attorney, presented the recommendation that the City
Council, by ordinance, make the following amendments to the Orem City Code:
OrganizationalStructureAmendments
In 2015, the Orem City Council voted to reorganize the Public Safety Department into two
separate departments: the Police Department and the Fire Department. The Orem City Code
needed to be updated to implement and reflect this organizational change so that the duties and
responsibilities originally assigned to the Public Safety Department and its employees were
correctly allocated between the Fire Department, the Police Department and their respective
employees. In most instances, the amendments to the City Code simply replaced “Public Safety
Department" with either the “Police Department" or the “Fire Department" or replaced “Director
of Public Safety" with “Fire Chief" or “Chief of Police". The following chapters of the Orem
City Code were being amended to reflect these changes: Chapters 2, 3, 5, 6, 7, 9, 11, 12, 14, 19,
21 and the Index.
AmendmentstotheOrderofSuccessionfortheCityManager
Section 2-31-4 of the Orem City Code outlined who would act as the temporary interim
successor for the City if the City Manager was unavailable. At the suggestion of the City
Manager, the order of succession was amended as follows: Assistant City Manager, City
Attorney, Development Services Director, Chief of Police, Director of Administrative Services,
Director of Recreation, Director of Public Works, Fire Chief, Director of Library.
Amendment toStormWaterUtilityOrdinance
The City's Storm Water Utility ordinance required a developer, who was developing land that
acre, to enter in to a long term maintenance agreement with the City for the ongoing inspection
and maintenance of the storm water facilities that existed on the property. In implementing this
requirement, the Development Services Department found that the best practice was to require
the maintenance agreement to be finalized and recorded with the Utah County Recorder before
    s        d  
amendment to City Code s 23-4-8(10)B clarified that the agreement needed to be executed and
recorded prior to occupancy or final inspection.
Mrs. Schriever noted that one other section that needed to be changed was 12-5-7E to the last
sentence, which still referenced the Director of Public Safety.
Amendment to Employee Appeals Board Process
State law provided that a merit employee may not be discharged, suspended without pay for
more than two days, or involuntarily transferred from one position to another with less
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appeal board. See Utah Code § 10-3-1106. Currently, Section 2-26-7 of the Orem City Code
could be interpreted to extend these statutory protections to all part-time employees. See Utah
Code § 10-3-1105(2)(C)(ix). The proposed amendment to Orem City Code § 2-26-7 clarified that
these statutory protections applied only to part-time benefitted employees and not to
nonbenefitted part-time, variable hour, or seasonal employees.
City Council Minutes -February 28,2017 (p.12)


Mr. Seastrand explained, for the benefit of the Scouts in attendance, that they were changing the
   h   n  ss        
that went into this ordinance.
Mayor Brunst moved, by ordinance, to amend various chapters of the Orem City Code to
comply with Utah Law, reflecting changes to the City's organizational structure and other
operational changes, with the additional change mentioned by Mrs. Schriever. Mr. Seastrand
seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed
unanimously.
RESOLUTION - Approve the Interlocal Agreement with the Jordan River-Farmington
Bay Water Quality Council amending Various Chapters of the Orem City Code to
Comply with Utah Law, Reflect the City's Organizational Structure, and Other
Operational Changes
Mr. Tschirki presented a recommendation that the Mayor, by resolution, sign the Second
Amendment to the Interlocal Cooperation Agreement with the Jordan River-Farmington Bay
Water Quality Council (Council).
In 2008, the State of Utah Division of Water Quality (DwQ) proposed technical nutrient (i.e.
nitrogen and phosphorus) discharge limits. These limits were not based on the science of site-
specific receiving water bodies and ecosystems. They were established somewhat arbitrarily as
an interim step until more scientific limits could be derived. At that time, DwQ was focused on
the Jordan River and Great Salt Lake. The Publicly-Owned Treatment Works (POTWs) that
discharged into these bodies of water joined together and formed this Council by interlocal
cooperative agreement to perform scientific research independent of DWQ. Their research was
focused on the POTW's effluent water quality that contained nitrogen and phosphorous and how
these nutrients impacted the receiving water bodies and associated ecosystems. At that time,
Orem elected to not join with the Council but to observe and monitor the Council and DwQ's
actions.
Since the occurrence of the algal blooms in Utah Lake over the past two years, the DWQ had
become more focused on this water body and the POTWs (Orem, Provo, TSSD, and others) that
discharged treated sewer effluent into this lake. These entities were combining efforts to perform
the science necessary to recommend and document the nutrient limits that would be appropriate
for these POTWs. Provo and Orem would each participate at $50,000 and TSSD would
participate at $150,000 annually. Both Provo and TSSD had already joined and were actively
participating.
The DwQ informed POTWs that they needed to plan to reduce their nutrient discharges to
"technical-based levels" that did not have a scientific basis. The DWQ believed this would
improve the quality of receiving water bodies immediately, though they did not have the solid
evidence to prove it. The Council supported the scientific-based approach that would take the
understand the impacts of single-point dischargers as well as other contributing factors, such as
agricultural influences, etc.
City Council Minutes -February 28 2017 (p.13)


The technical-based approach may have required POTWs, including Orem, to spend hundreds of
millions of dollars statewide unnecessarily and could have resulted in average monthly increases
in excess of $20 per a single-family connection. Because not all water reclamation facilities were
capable of the same level of treatment and not all receiving water bodies had the same water
quality, applying a blanket, nonscientific solution for all POTWs was fiscally irresponsible.
Joining the Council would benefit Orem for years to come as appropriate nutrient discharge
limits were scientifically developed.
Mr. Tschirki said the initial expenses were the “tip of the iceberg" to help determine the
problems with the lake, but it was something that needed to be done to safeguard the water.
Mayor Brunst said Orem's wastewater treatment plant sent water into the lake and was a
contributor. He said he agreed with the need to participate. Mr. Tschirki added that Orem had
been very proactive as far as improving emissions and was “ahead of the curve."
Mr. Lentz noted there was a presentation on this item during the work session. He said he liked
the idea of doing the research to determine what the direct and indirect impact would be on any
proposed courses of action to improve the algal problem in Utah Lake. He wondered if there was
any risk that the research done by DWQ might have different results from Orem's did, and if the
City could still be subject to any mandates.
Mr. Tschirki said he supposed there was a possibility of that occurring; however, he.said the City
had made great strides in its relationship with DWQ. He made mention of.a-bill that went
the issues which threatened the health and safety of the lake. The intent was for decision-makers
to take action based on the best available science.
 o n       o     z 
renewed annually, for a full year.
Mr. Macdonald said these were prudent costs for the City regardless of whether or not they
proceeded with the studies in conjunction with other entities. Therefore, they would be saving a
great deal of money if they worked together with those entities, rather than proceeding
autonomously. Mr. Tschirki concurred and said it would take many years to study the issue and
takeaction.
Mayor Brunst asked Mr. Tschirki to come to the Council each year to evaluate the progress. Mr.
Tschirki agreed, and said it would be good to do an evaluation along with the annual budgeting
process.
Mrs. Lauret moved, by resolution, to authorize the mayor to sign the Interlocal Agreement with
the Jordan River-Farmington Bay Water Quality Council. Mr. Seastrand seconded the motion.
Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark
Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
COMMUNICATIONITEMS
The monthly financial summary for January 2017 was provided in the agenda packet.
City Council Minutes - February 28, 2017 (p.14)


CITYMANAGERINFORMATIONITEMS
There were no City Manager Information Items.
ADJOURNTOAMEETINGOFTHEREDEVELOPMENTAGENCYOFTHECITY
OFOREM
Mr.Seastrand moved to adjourn to a meeting of the RedevelopmentAgency of the City of
Orem.Mr.Lentz seconded the motion.Those voting aye: Richard F.Brunst,Debby Lauret, Sam
Lentz,Tom Macdonald,MarkSeastrand,David Spencer,and Brent Sumner.The motion passed
unanimously.
The meeting adjourned at 7:15 p.m.
CORPORATE
SEAL
leave
mak.
Donna R.Weaver, City Recorder
Approved:March28,2017
CityCouncilMinutes-February282017（p.15)