City Council · 2017-04-11

CITY OF OREM 
CITY COUNCIL MEETING 
56 North State Street Orem, Utah 
April 11, 2017 
3:00 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM 
CONDUCTING 
ELECTED OFFICIALS 
EXCUSED 
APPOINTED STAFF 
Mayor Richard F. Brunst 
Councilmembers Debby Lauret, Sam Lentz, 
Tom 
Macdonald, and Mark Seastrand Mr. Spencer (arrived at 
4:50 p.m.) 
Councilmember Brent Sumner 
Jamie Davidson, City Manager; Brenn Bybee, Assistant 
City Manager; Greg Stephens, City Attorney; Richard 
Manning, Administrative Services Director; Bill Bell, 
Development Services Director; Karl Hirst, Recreation 
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; 
Steven Downs, Assistant to the City Manager; Kirby 
Snideman, Long Range Planner; and Donna Weaver, City 
Recorder 
ANNUAL REVIEW - Open Meetings and Ethics Training 
Mr. Stephens explained that as per Utah State's Public Policy behind Open and Public Meetings 
Act, municipal governments were required to undergo an open meetings and ethics training 
session on an annual basis. He explained that cities existed to aid in the conduct of the people's 
businesses. Therefore, they all deliberations and actions needed to take place openly. 
A meeting was defined as " ... the convening of a public body with a quorum present, . . . for the 
purpose of discussing, receiving comments from the public about, or acting upon a matter over 
which the public body has jurisdiction or advisory power" (U.C.A. §52-4-103(5). Meetings 
included workshops, executive sessions, site visits and traveling tours. Meetings did not include 
chance gatherings or social gatherings. Meetings were open to the public unless closed in 
accordance with the aforementioned Act (U.C.A. §52-4-201). 
A closed meeting could be held for the following reasons: 
•
Discussion of the character, professional competence, or physical or mental health of
individual;
•
Strategy sessions to discuss:
o
Collective bargaining
o
Pending or reasonably imminent litigation
City Council Minutes - April 11, 2017 (p. l) 



0 Purchase, exchange or lease of real property
0Sale of real property
· Discussion regarding deployment of security personnel, devices, or systems; and
· Investigative proceedings regarding allegations of criminal misconduct.
A closed meeting was not allowed for any of the following reasons:
· To discuss any matter that was not the proper subject of a closed meeting
To approve an ordinance, resolution, rule, regulation, contract or appointment
·
To interview a person applying to fill an elected position
·
To discuss filling a midterm vacancy
 To discuss the character, professional competence, or physical or mental health of a
person applying to fill a midterm vacancy
   so   on    o e  s 
meeting. However, in these instances the City Council could not take final action on the topic at
the meeting, unless it was an emergency meeting.
In regards to electronic messages, Mr. Stephens discussed that State Law did not restrict a
member of the public body from transmitting an electronic message to other members of the
public body at a time when the public body was not convened in an open meeting (U.C.A. s52-4-
210). However, Council Members should refrain from sending electronic messages to each other
during a meeting. Furthermore, Council Members should remember that electronic messages
sent to other Council Members may be considered public records under GRAMA.   In other
words, they should not delete electronic messages involving City business.
Mr. Stephens explained that during electronic meetings, at least one Council Member should be
present at the anchor location, which was the Council Chambers. Before opening the meeting,
the Mayor should ensure that those participating electronically were prepared to go forward.
if they had been able to adequately monitor the discussion, and should allow them to make
comments.
The public noticing requirements were reviewed, and it was noted that a minimum of 24 hours
was required as per State Law. Noticing included the meeting agenda, as well as the date, time
and place of the meeting. Public noticing was satisfied by posting the aforementioned
information at the City offices, on the Utah Public Notice Website, and by submitting the notice
to at least one newspaper of general circulation or a local media correspondent.
Emergency meetings were not allowed unless the following criterion was met:
·An attempt had been made to notify all Council Members
· A majority of the Council members approved the emergency meeting
Twenty-four hour public noticing requirements could be disregarded if the following criterion
wasmet:
· Unforeseen circumstances made it necessary to hold an emergency meeting to consider
· The best notice practicable was given of the time, place and topics to be considered
City Council Minutes - April 11,2017 (p.2)

Mr. Stephens reviewed the following changes that were recently adopted to the Open and Public
Meetings Act:
S.B.97-effective2017
· The City Council may satisfy some of the written minutes requirements by posting a link
to the meeting recording.
H.B.45-effective2015
The City Council may fine or expel a Council Member from an open public meeting,
following a 2/3 vote for:
 0 disorderly conduct at the open public meeting;
0 a Member's direct or indirect financial conflict of interest regarding an issue
discussed or action proposed at the open public meeting; or
O a commission of a crime during the open public meeting.
S.B.169-effective 2014
·The City Council “shall require an individual who, at an open meeting of the public body,
publicly presents or provides electronic information, relating to an item on the public
body's meeting agenda, to provide the public body, at the time of the meeting, an
electronic or hard copy of the electronic information for inclusion in the public record."
Roll call votes were required for any ordinance, resolution, action that created liability against
the City and as requested by a Council Member (U.C.A. $10-3-506).
Prohibited activities included improper use of information, improper use of position, improper
gift acceptances, or any other activities that could be construed as using one's office for personal
benefit. Mr. Stephens explained that improper use of information may have included disclosing
or improperly using private, controlled or protected information acquired because of one's
position as a City Council Member to either further one's own personal economic interest or
secure special privileges or exemptions for oneself or others. He stated that City resources, such
as computers, email accounts or employees, should never be used in one's political campaign.
An improper acceptance of a gift entailed knowingly receiving, accepting, taking, seeking, or
soliciting, directly or indirectly either for oneself or another, a gift of substantial value or an
economic benefit tantamount to a gift that would tend to improperly influence a reasonable
person in one's position to depart from the faithful and impartial discharge of one's public duties.
Exceptions to gift prohibitions included:
An occasional non-pecuniary gift having a value of less than $50
· An award publicly presented in recognition of public service
Any bona fide loan made in the ordinary course of business
A political campaign contribution
There were four areas that needed to be openly disclosed, in the event that they were found to be
applicable to Council discussion. Those areas included:
· Transaction Involving City: If someone received or agreed to receive compensation for
assisting any person or business in a transaction involving the City (this would probably
be unethical for a City Council Member, even if it was disclosed).
City Council Minutes - April 11, 2017 (p.3)

Business Regulated by City: If someone was an officer, director, agent, or employee of
any business regulated by the City, or had a substantial interest (worth at least $2,000) in
a business regulated by the City.
Doing Business with City: If someone was an officer, director, agent, employee, or owner
of a substantial interest in a business which currently or anticipated doing business with
the City. (This also needed to be publicly disclosed at any meeting where the City
Council discussed a matter involving the business.)
Personal Interest: If someone had a personal interest or investment which created a
conflict between one's own personal interests and their public duties.
Mr. Stephens noted that the City's Ordinance regarding conflicts of interest was stricter than
State Law. It stated that if one's official duty required action on any matter involving theirs or
that of a relative's direct financial or personal interest, and it was reasonably foreseeable that the
decision would have an individualized material effect on such interest, a Council Member was
required to (1) disclose the conflict, and (2) disqualify themselves from deliberating, deciding
and voting on the matter.
Possible penalties for violations of ethics law included criminal prosecution, removal from office
and voiding of improper contract or transaction.
Mayor Brunst asked about whether or not individuals making public comments should be
required to list their address. There had been complaints in other cities of this practice posing
safety concerns. Mr. Stephens said there was no requirement for individuals to state their
address. Mayor Brunst suggested that speakers list the city in which they lived, but not their full
address. After subsequent discussion, the Council agreed.
Northridge/Heatheridge/Windsor Neighborhood  Plan  &
INTRODUCTION
Aspen/TimpviewNeighborhoodPlan
Kirby   Snideman   reviewed   the    Northridge/Heatheridge/Windsor   Neighborhood    and
Development Services. Staff anticipated neighborhood involvement with this request. The
Planning Commission recommended approval. The full plan was in the City Council Dropbox
for review. Mr. Snideman indicated that he would go into greater detail during the official City
Council meeting presentation.
        s s     
among other things. Some didn't want Orem to change negatively, while others did not want
Orem to change at all. It was important to understand that change was a normal occurrence.
Mr. Snideman referenced recent housing market studies and surveys in Utah County. There was
a 2.8 percent vacancy rate in the Aspen/Timpview neighborhood and a 1.8 percent vacancy rate
in the Northridge/Heatheridge neighborhood, where there was also a slow turnover rate. The
City of Orem had a 5.2 percent vacancy rate, which included multifamily units, houses under
renovation, student housing (even during the summer when students were away), etc. The
vacancy rate for the country was 12.3 percent. The Council subsequently discussed how low
City Council Minutes - April 11, 2017 (p.4)

vacancy rates negatively affected economic development and the overall quality of life for
citizens, especially young people.
Mr. Davidson said that due to close proximity to services, homes in Orem were typically priced
higher than new homes in communities like Vineyard.
Mr. Snideman said growth in Orem was inevitable because the region itself was growing.
          n    s  
thoroughfares throughout the City.
Mrs. Lauret said some of her children wanted to live in Orem but they could not afford to buy
homes in the City. She stated that affordable housing was non-existent in Orem.
Mr. Lentz asked how to educate the rest of the populace. He wondered if it might be beneficial
to do a series of short videos containing this data. Mr. Snideman agreed that this information
needed to be distributed to a broader audience. There was further discussion regarding the best
methods for educating the public on the matter.
Mr. Davidson said that the City could not stop growth from occurring; they could only try to
contain it. If the City resisted development and growth ideas, they would be butting up against a
wall that they would never be able to overcome. Neighborhood plans would provide ways to
contain what would be coming in the future. The City could do everything possible to minimize
growth but people would still come and want to shop or provide new amenities, which would
inevitably impact growth.
Mr. Lentz said it would be easy to stop growth by making Orem a miserable place to live;
however, he did not know of any Council Member who ran on a platform to make Orem a worse
place to live.
DISCUSSION - Speed Limits on 400 East
Mr. Goodrich was unable to attend, so this item was postponed to a future meeting.
5:00P.M.STUDY SESSION-PUBLIC SAFETY TRAININGROOM
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, and David Spencer
EXCUSED Brent Sumner
Jamie Davidson, City Manager; Brenn Bybee, Assistant
APPOINTEDSTAFF
City Manager; Greg Stephens, City Attormey; 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
City Council Minutes - April 11,2017 (p.5)

New Fire Truck 
Giles, Police Department Director; Charlene Crozier, 
Library Director; Jason Bench, Planning Division Manager; 
Steven Downs, Assistant to the City Manager; and Donna 
Weaver, City Recorder 
At the request of the Mayor, Chief Gurney provided a history of the ceremony used to initiate a 
new piece of equipment. He then discussed the mechanical requirements of the truck. 
Police Officers 
Chief Giles reviewed some of the recent changes on the force, including the loss of Lieutenant 
Josh Adams, who was recently hired as the new Lindon City Chief. Chief Giles reported that the 
UVU Chief of Police position was open. There would be some movement in the department to 
fill the vacancies. One such promotion had taken place that day; Jeff Bailey had filled the 
Lieutenant position previously held by Josh Adams. 
Splash Pad & Dog Park 
Mr. Hirst said the mow curb had not yet been cemented; however, the project would be 
completed soon. The large and small dog lots were being worked on, and fresh granite was 
onsite. The dog wash station and water was installed. An additional water fountain for runners 
and bikers was installed. A temporary fence would be installed soon to allow personnel to 
reseed the hill. He said he anticipated that the project would be completed within the next three 
weeks. They hoped to also add benches which would be good Eagle Scout projects. 
The Splash Pad was moving slower than anticipated, which was frustrating for Mr. Hirst and the 
contractor. The structure and pump house had a slow architect working on it. The County had 
an opportunity to review the project. Mr. Hirst mentioned that they had found an abandoned 
twenty inch water main that nobody knew about previously. He said they were slightly behind 
schedule for a Memorial Day opening. 
Mr. Lentz said he went to St. George's splash pad which was closed for resurfacing because it 
was too slippery. Mr. Hirst said wet surfaces were always a problem, as were restroom floors. 
They were looking for a balance between wearing people's feet bottoms off and being too 
slippery. 
CDBG Funding Update 
Steven Downs said in President Trump's original budget, the CDBG program was completely 
cut. The total CDBG budget was around $3 billion. However, it was likely that a portion of the 
CDBG program funding would eventually be added back into the proposed budget. 
He 
encouraged everyone to discuss the matter with State legislators. In the past, Orem City had 
received approximately $600,000 per year. 
Mr. Davidson said they would have a conversation with Provo in working to connect the 
Lakeview Parkway to Geneva Road. Provo was anxious to move the project forward because of 
their ties to the airport, whereas Orem was not quite as anxious. However, the project was 
important for the future development of the area in question. 
City Council Minutes - April 11, 2017 (p.6) 



Another discussion that would occur between Orem and Provo was in regards to the 2000
South/2000 North border between the two cities. Orem was concerned the future development
of any interchange in that area. Last year, Provo had a study completed in cooperation with
MAG for their corridor at 820 North, and whether or not there was any potential connectivity to
I-15 sometime in the future, and how that would interact with Utah Valley Hospital and Utah
Valley University (UVU).
Orem was also interested in parking standards in and around TOD areas. Provo was anticipating
that people would ride transit rather than drive vehicles throughout those areas; however, there
had not been any proposals that had materialized yet.
Mr. Davidson said there would be an upcoming opportunity to speak with Senator Hatch about
how the CDBG program benefitted Orem City.
Mayor Brunst said Pegg Development submitted a new plan to the City with a higher number of
parking stalls. They still had not yet acquired property from UVU. Mr. Macdonald noted that
the developer purchased some horse property. Mayor Brunst said that only two parcels had not
been purchased, due to issues with the title and a property owner who didn't want to sell. He
said that Phase 1 of the development proposed to have 1,132 beds, and Phase 2 would have
between 446 to 473 beds. UVU wanted the Council to consider the item in May so they could
start construction over the summer, thereby allowing them to meet housing needs by fall of 2018.
Mr. Bell said they had not met the City's requirements, including parking on public streets. Mr.
Bench said they were missing some key information. Staff had a meeting scheduled for the
following Monday, during which time they would discuss these issues.
Mr. Davidson said they were also currently proposing separate parking structures. There had
been some discussion regarding whether or not UVU parking could be used as overflow. Mr.
Davidson said UVU would not be supportive of ancillary parking on their property because they
did not permit overnight parking.
Mr. Davidson said staff recently met with representatives from SWONA, and the conversation
did not differ much from what had occurred in the past. He said it was a good meeting in that it
maintained open lines of communication.
Mr. Davidson explained that Colonial Heritage had undergone some organizational changes.
The City wanted to shift the focus from mini grant organizations. Instead, the City could make
grant allocations into the future based on reimbursement for CARE expenses, rather than having
a check issued for a particular group. This was a recent conversation staff had over the last
couple of days and they wanted feedback from the Council on the matter before moving forward.
Mr. Macdonald asked about a project on 1800 South and 200 West. Mr. Bench said the project
to which Mr. Macdonald was referring would be discussed at the next meeting.
Mr. Davidson said the spring cleanup would begin next week and run for the next seven weeks.
They were proceeding with Utah County for vote-by-mail. During the last legislative session,
Orem City officials, in cooperation with UVU officials, successfully garnered funds for a
pedestrian bridge that would connect the west UVU campus to the main UVU campus.
City Council Minutes - April 11, 2017 (p.7)

Preview Upcoming AgendaItems
Staff presented a preview of upcoming agenda items.
AgendaReview
The City Council and staff reviewed the items on the agenda.
City Council New Business
There was no City Council New Business.
Mr. Lentz asked about the Civic Innovations event at UVU and if it would need to be noticed
since a quorum would be attending. Mr. Stephens said he did not think it would constitute a
meeting.
The Council adjourned at 5:53 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION- COUNCIL CHAMBERS
CONDUCTING Mayor Richard F.Brunst
Councilmembers Debby Lauret, Sam Lentz, Tom
ELECTEDOFFICIALS
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner (joined the meeting electronically)
Jamie Davidson, City Manager; Brenn Bybee, Assistant
APPOINTEDSTAFF
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;
Steve Earl, Deputy City Attorney; Steven Downs,
Assistant to the City Manager; Pete Wolfley,
Communications Specialist; and Donna Weaver,City
Recorder
INVOCATION/
INSPIRATIONALTHOUGHT Submitted by Robert Shaw and read by Mayor Brunst
Ella Plat
PLEDGEOFALLEGIANCE
Mayor Brunst presented her with a certificate.
Mr.Sumner joined the meeting electronically at 6:05 p.m.
APPROVALOFMINUTES
Mr. Lentz moved to approve the March 3-4, 2017 Retreat minutes and the March 28, 2017 City
Council Meeting minutes. Mrs. Lauret seconded the motion. Those voting aye: Debby Lauret,
City Council Minutes - April 11, 2017 (p.8)

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 toBoards and Commissions
Mayor Brunst moved to reappoint Kate Monson to the Arts Council and to appoint Bernard
Turner to the Transportation Advisory Commission. Mrs. Lauret seconded the motion. Those
voting aye: 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
were limited to three minutes or less.
Ren Whiteman said he lived in the Cherry Hill neighborhood. In two weeks the City had the
opportunity to vote on a project on 1800 South. He stated that he was opposed to putting the
240 neighbors had signed a petition against the project.
Denise Gibb said she also lived in the Cherry Hill neighborhood and asked the Council to vote
against putting a “PD island" in the middle of their residential neighborhood. There were plenty
of new, expensive new homes being proposed. The senior care project was not appropriate for a
residential neighborhood.
CONSENTITEMS
ORDINANCE-Amending Chapter 7 of the Orem City Code pertaining toFire Codes
Mayor Brunst read through the proposed ordinance. He then moved, by ordinance, to amend
Chapter 7 of the Orem City Code pertaining to Fire Codes. Mr. Macdonald seconded the motion.
Those voting aye: Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer,
and Brent Sumner. The motion passed unanimously.
SCHEDULEDITEMS
6:00 P.M. PUBLIC HEARING- Amending Permitted Uses in the C2 Zone
ORDINANCE - Amending Section 22-19-1(A) and Appendix A of the Orem City Code
by changing SLU 2124 fromPermitted to Not permitted in the C2 zone
amend Section 22-19-1(A) and Appendix A of the Orem City Code by changing SLU 2124, Ice
Cream and Frozen Desserts, from Permitted to Not Permitted in the C2 zone.
City Council Minutes - April 11, 2017 (p.9)

Appendix A of the City Code contained the land use table that identified land uses and the uses
that were permitted (P), not permitted (N), or conditional (C) in each zone. Standard Land Use
(SLU) 2124, Ice Cream and Frozen Desserts, was currently a permitted use in the C2 zone. SLU
2124 was a manufacturing use and had been permitted in the C2 zone to allow Meadow Gold
Dairy to operate as a legal conforming use. Now that Meadow Gold had been demolished and
the use relocated outside the City limits, Staff believed that SLU 2124 should be changed to “Not
Permitted" (N) in the C2 zone.
The Planning Commission recommended the City Council, by ordinance, amend Section 22-19-
1(A) and Appendix A of the Orem City Code by changing SLU 2124, Ice Cream and Frozen
Desserts, from Permitted to Not Permitted in the C2 zone.
Mayor Brunst noted that Mr. Macdonald said the building in question had been constructed in
1946. He said State Street had changed a great deal since that time.
Mr. Lentz said a place like Cold Stone or Sub Zero would not fit the classification, and Mr.
Bench concurred. He stated that wholesale was part of the retail business.
Mayor Brunst opened the public hearing. No one came forward to speak, so he closed the public
hearing.
Mr. Macdonald moved, by ordinance, to amend Section 22-19-1(A) and Appendix A of the
Orem City Code by changing SLU 2124 from Permitted to Not permitted in the C2 zone.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
NOTES - Joint City Council/Alpine School District Meeting - March 15, 2017
Mr. Davidson said a quorum was not present at the meeting, and so the minutes taken did not
need to be approved as they were classified as notes.
CITYMANAGERINFORMATIONITEMS
There were no City Manager Information Items.
Mr. Bench reviewed upcoming agenda items.
ADJOURNMENT
Mr. Seastrand moved to adjourn the meeting.Mrs. Lauret seconded the motion. Those voting
aye: Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner. The motion passed unanimously.
The meeting adjourned at 6:25 p.m.
City Council Minutes - April 11, 2017 (p.10)

OREM
CITYOF
CORPORATE
SEAL
mmaR.aner
Donna R. Weaver, City Recorder
Approved: May 9, 2017
City Council Minutes -April 11,2017 (p.11)