City Council · 2017-07-11

CITY OF OREM
CITY COUNCIL MEETING
56 North State Street Orem, Utah
July 11, 2017
3:30P.M.REGULAR SESSION-PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
Councilmembers  Debby Lauret, Sam  Lentz, Tom
ELECTEDOFFICIALS
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; Charlene
Crozier, Library Director; Chris Tschirki, Public Works
Director; Jason Bench, Planning Division Manager; Steven
Downs, Assistant to the City Manager; and Jackie Lambert,
Deputy City Recorder
ADJOURN TO A CLOSED-DOOR MEETING - Pursuant to Section 52-4-205(1)(d),
Purchase, Exchange, or Lease of Real Property
Mr. Macdonald moved to adjourn to a closed-door meeting to discuss the purchase, exchange, or
lease of real property pursuant to Utah Code Sections 52-4-205(1)(d). The meeting would be
held in the Public Safety Training Room, and the Council would reconvene the City Council
meeting when it was over. Mrs. Lauret 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.
The meeting adjourned at 3:33 p.m.
CLOSED-DOOR SESSION
A closed-door session was held at 3:34 p.m. to discuss the purchase, exchange, or lease of real
property pursuant to Utah Code Sections 52-4-205(1)(d) of the Utah State Code Annotated.
Those in attendance were: Orem Mayor Richard F. Brunst; Council members Debby Lauret, Sam
Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner; City Manager
Jamie Davidson; Assistant City Manager Brenn Bybee; Orem staff Greg Stephens, Richard
Manning, Karl Hirst, Bill Bell, Chris Tschirki, Chief Scott Gurney, Chief Gary Giles, Charlene
Crozier, Jason Bench, Steven Downs, and Jackie Lambert; Alpine School District Assistant
City Council Minutes - July 11, 2017 (p.1)


Superintendents Dr. John Patten and Rob Smith; Alpine School District Board member JoDee
Sundberg; and Alpine School District staff Barry Beckstrand.
The meeting adjourned at 4:53 p.m.
4:30P.M.WORKSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING Mayor Richard F. Brunst
Councilmembers Debby Lauret, Sam Lentz, Tom
ELECTEDOFFICIALS
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; Charlene
Crozier, Library Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning Division Manager; Steven Downs, Assistant to
the City Manager; and Jackie Lambert, Deputy City
Recorder
PRESENTATION-Resource ManagementPlan
Utah County Commissioner Bill Lee was unable to make the meeting due to a scheduling
conflict. The discussion would be rescheduled to a future date yet to be determined.
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; Scott Gurney, Fire Department
Director; Gary Giles, Police Department Director; Charlene
Crozier, Library Director; Chris Tschirki, Public Works
City Council Minutes - July 11, 2017 (p.2)


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
Staff presented a preview of upcoming agenda items.
Mr. Bench recommended that the last two public hearings included on the regular meeting
agenda be continued to a future meeting dates yet to be determined. He said there were some
questions that were still being worked out, and the Planning Commission had not yet seen some
of the items. The general consensus of the Council was to allow for public comment if people
were present, but otherwise they would continue the items to future meetings.
AgendaReview
The City Council and staff reviewed the items on the agenda.
City Council New Business
The Council discussed the candidates for the Summerfest Committee based on the applications
that were submitted. The general consensus of the Council was that the Summerfest Committee
convene and discuss the possible candidates to learn more about them and determine which
would be best fit to serve on the committee.
Mr. Davidson said there had been some discussion between Council members about fireworks
within the City. Deputy City Attormey Heather Schriever had put together a memo that addressed
what the Council could or could not do as far as enforcement. Orem Public Works and Utah
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mitigate risk of fire. Mr. Davidson said the difficultly was that they could not legislate common
sense and the City was proactively doing what they could, but the parameters of enforcement
were fairly narrow. It was not necessarily best use of resources to have officers go around issuing
citations on the holiday, but to address the more egregious issues as they arose.
Mr. Lentz asked if there was data available for the costs of fires and such within the City, and if
the costs were going up if there was anything that could be done. Mr. Tschirki said the City
could be reimbursed for the costs, and they would rent some equipment to help. The “fuel",
meaning dried weeds and grasses, for the fire would be even more dried out and dead come
Pioneer Day. It would take weeks to knock it all down, and they urged everyone to be cautious.
Chief Giles said on the 4"h of July police officers went from call to call about illegal fireworks
that often turned out not to be illegal, nor in the zones where fireworks were prohibited. Of
course there were the ones that were outside of the timeframe when they could fire them off, but
Mr. Drew Clark, resident, asked if there were maps that showed the zones on where fireworks
were or were not permitted. Chief Gurney said those maps were posted at the beginning of the
season, and at every retail fireworks center. There was also a push on social media to help people
know where those areas were.
City Council Minutes - July 11, 2017 (p.3)


Chief Giles said people were maybe not aware of those zones, and were erroneously calling in
"illegal fireworks. When that happened it would clog up the system and reducing the number of
frivolous phone calls, even by a few, would be nice. 911 Dispatch was swamped on most
firework-associated holiday evenings.
Mr. Downs said they would do another social media push before the Pioneer Day holiday.
The Council adjourned 5:51 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
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Richard Manning, Administrative Services
Director; Greg Stephens, City Attorney; Karl Hirst,
Recreation Director; Bill Bell, Development Services
Director; Scott Gurney, Fire Department Director; Charlene
Crozier, Library Director; Gary Giles, Police Department
Director; Chris Tschirki, Public Works Director; Jason
Bench, Planning Division Manager; Steve Earl, Deputy
City Attorney; Steven Downs, Assistant to the City
Manager; and Jackie Lambert, Deputy City Recorder
INVOCATION/
INSPIRATIONALTHOUGHT submitted by Bradley Bowen
PLEDGEOFALLEGIANCE Mattathias Westwood
APPROVAL OFMINUTES
Mr. Sumner moved to approve the June 13, 2017 City Council 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.
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
City Council Minutes - July 11, 2017 (p.4)


Mr. Spencer moved to appoint Ember Harris to the Recreation Advisory Commission. Mr.
Macdonald 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, concerms, and comments on items not on
werelimited tothreeminutesorless.
Mike Ward said he owned and operated three businesses in Orem, and he was at this meeting to
talk about the proposed changes in allowed uses on State Street. All three of his businesses were
on State Street, so this issue hit close to home. He said it felt as though someone had driven State
Street and identified practically every use that was already along the corridor to be on the list of
uses no longer permitted. Mr. Ward felt this was troubling, and would result in some businesses
being “run out of town" if the proposed changes went through. He loved being a business owner
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businesses in the future. He additionally expressed concern about the spaces where businesses
were being turned into spaces for apartment complexes, which was something he did not want to
see. In response to a question from the Council, Mr. Ward identified his three businesses as
Baskin-Robbins ice cream shop, Patriot Motors used cars, and Precision Auto Experts mechanics
shop. He said he had spoken with other business owners that felt as blindsided as he did, and he
was pleased to hear that the Council was going to continue the item to reach out to the business
committee for more discussion andfeedback.
CONSENTITEMS
There were no Consent Items.
SCHEDULEDITEMS
6:00 P.M.PUBLIC HEARING-PD-34ReZ0ne
ORDINANCE -Amending Section 22-5-3(A) and the zoning map of the City of Orem by
changing the zone on 4.87 acres located generally at 800 South 800 East from the C2 zone
and R8 zone to the PD-34 zone; amending Section 22-5-3(A) and the zoning map of the
City of Orem by changing the zone on 0.60 acres located at 1175 South State Street from
the C2 zone to the PD-34 zone; and amending Appendix BB pertaining to the concept plan
for the PD-34 zone
Mr. Bench presented Woodbury Corporation's request that the City Council amend Section 22-
5-3(A) and the zoning map of the City of Orem by changing the zone on 4.87 acres located
generally at 800 South 800 East from the C2 zone and R8 zone to the PD-34 zone; amend
Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone on 0.60 acres
City Council Minutes - July 11, 2017 (p.5)


located at 1175 South State Street from the C2 zone to the PD-34 zone; and amend Appendix BB
pertaining to the concept plan for the PD-34 zone.
Woodbury Corporation had filed applications to add two areas to the PD-34 zone and to amend
Appendix BB of the City Code.
The first request was to rezone several lots at the southwest corner of 800 South and 800 East
consisting of approximately 4.87 acres to the PD-34 zone. These lots had been acquired by
Woodbury Corporation over the last several years with the desire to incorporate them into the
PD-34 zone. All structures had been removed from these parcels and the current zones were C2
and R8. Woodbury planned to use this area for residential and potentially limited commercial
development. The concept plan showed this area was intended for commercial, residential or
mixed uses.
The second request was to rezone 0.60 acres at 1175 South State Street from the C2 zone to the
PD-34 zone. This lot was the current location of Wells Fargo. Woodbury intended to raze the
existing building and to construct a new building in its place which will house Wells Fargo and a
second tenant.
The final part of the request was to include the above-referenced properties in Appendix BB
which included the concept plan, sign plan, road cross-sections, and building elevations for the
PD-34 zone.
The Planning Commission recommended that the City Council, by ordinance, amend Section 22-
5-3(A) and the zoning map of the City of Orem by changing the zone on 4.87 acres located
generally at 800 South 800 East from the C2 zone and R8 zone to the PD-34 zone; amend
Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone on 0.60 acres
located at 1175 South State Street from the C2 zone to the PD-34 zone; and amend Appendix BB
pertaining to the concept plan of thePD-34 zone.
Mr. Bench invited Kathy Olson and Chris Longson who represented the University Mall to join
him at the presenters’ table. Mr. Bench said they wanted to rezone in two areas and adjust the
configuration for those areas. He then showed an overhead map of the area and said the
Woodbury Corp. wanted to extend the existing uses of the concept plan. This would be a mixed-
use combination of residential and office, as well as a few other uses currently allowed in the
zone. The required setback and height would be extended as well with this proposal.
Mrs. Lauret asked about the Wells Fargo Bank and Big O Tires that were in the PD-34 area. Mr.
Longson said they were negotiating with both businesses to stay within the zone.
Mr. Lentz asked about the business Runner's Corner and its zoning. He wondered if this request
would affect that property. Mr. Bench said it was not a part of the PD-34 or owned by the
Woodbury Corp. He said it was zoned C2.
Mayor Brunst opened the public hearing. No one came forward to speak, so Mayor Brunst closed
the public hearing.
Mr. Seastrand asked if traffic studies had been discussed for the area. Mr. Bench said that the
City Council Minutes - July 11,2017 (p.6)


traffic studies would be part of the consideration when the site plan came before the Council. Mr.
Longson said this request was trying to match the request they had previously brought before the
City Council. He said they did not have that part of the PD-34 zone originally because they did
not control all of the parcels, whereas in this case they did.
Mr. Spencer moved, by ordinance, to amend Section 22-5-3(A) and the zoning map of the City
of Orem by changing the zone on 4.87 acres located generally at 800 South 800 East from the C2
zone and R8 zone to the PD-34 zone; amend Section 22-5-3(A) and the zoning map of the City
of Orem by changing the zone on 0.60 acres located at 1175 South State Street from the C2 zone
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Mayor Brunst 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.
6:00 P.M. PUBLIC HEARING -GPA and Rezone - 166 South 1000 East
ORDINANCE - Amending the Orem General Plan land use map by changing the
designation from Low Density Residential to Medium Density Residential and amending
Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone from the
R8 zone to the R6 zone on a lot at 166 South 1000 East
Mr. Bench presented Alex Cross's request that the City Council amend the Orem General Plan
land use map by changing the designation from Low Density Residential to Medium Density
Residential and amend Section 22-5-3(A) and the zoning map of the City of Orem by rezoning
property at 166 South 1000 East from the R8 zone to the R6 zone.
The applicant owned a lot that had frontage on 1000 East and 950 East. The applicant's lot was
13,503 square feet in area. The lot currently contained two houses and the applicant would like to
subdivide the lot into two separate parcels. The current R8 zone requirements prohibited
subdivision of the property because the lot was not wide enough and each lot would not meet
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lot area of at least 8,0o0 square feet. The subject lot could be subdivided under the R6 zone
standards which required a 60 foot wide lot (current width) and a minimum lot size of 6,000
square feet. If the rezone was approved, the older of the two homes would be removed.
The Planning Commission recommended that the City Council, by ordinance, amend the Orem
General Plan land use map by changing designation from Low Density Residential to Medium
Density Residential and amend Section 22-5-3(A) and the zoning map of the City of Orem by
           1   g
Mr. Bench explained that the property would have two frontages, and the owner wanted to
subdivide the two parcels. They would keep the existing house that was currently there and then
build a new house that would face 950 East. The R8 zone did not allow for two homes but the R6
would allow that. The lot sizes would be 6,300 sq. ft. and 7,000 sq. ft. At the request of the
Council, Mr. Bench showed an overhead map and identified the property area. With this rezone,
the City would get curb, gutter, and sidewalk and the improvements would fit well within the
existing neighborhood. Mr. Bench clarified that this proposed rezone would only affect the
one/two parcels identified.
City Council Minutes - July 11, 2017(p.7)


Mr. Lentz asked about the neighborhood response to the proposed rezone. Mr. Bench said there
were no negative comments at the Planning Commission meeting and he was not aware of any
negativefeedbackfrom theneighbors.
Mayor Brunst opened the public hearing. No one came forward, so Mayor Brunst closed the
public hearing.
Mr. Macdonald said he imagined that the neighbors would probably be in favor of having the
curb, gutter, and sidewalk finished as it would complete the look of the neighborhood. He then
offered to make the motion.
Mr. Macdonald moved, by ordinance, to amend the Orem General Plan land use map by
changing designation from Low Density Residential to Medium Density Residential and amend
Section 22-5-3(A) and the zoning map of the City of Orem by rezoning property at 166 South
1000 East from the R8 zone to the R6 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.
6:00 P.M. PUBLIC HEARING - PD-49 - State Street Districts
ORDINANCE - Amending Section 22-11 (PD Zone.) by enacting the "PD-49: State Street
Districts" zone, amending Section 22-5-3(A) and the zoning map of the Orem City Code by
changing the zone of all properties within the boundaries of the “City Center District" (at
approximately the intersection of Center Street and State Street) from C1, C2, C3, R6, PD-
1, and PD-30 to the PD-49 zone, amending Section 22-11-1 (Purpose and Applicability),
and enacting Appendix "VV" pertaining to the City Center District Plan
Mr. Bench stated that the Planning Commission had reviewed the proposed amendments on June
21, 2017 and continued the item to July 19, 2017. Based on the Planning Commissions
continued review, the Development Services Department requested that this item be continued to
a date not yet determined.
Mr. Seastrand moved to continue the public hearing to a future City Council meeting to be
determined. Mrs. Lauret 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.
6:00 P.M. -Development of Future District Areas
ORDINANCE - Enacting Section 22-8-18 (Restriction of Uses in State Street District
Areas); amending Appendix “A"and enacting Appendix"Ww"pertaining to the restriction
of commercial uses within district areas consistent with the State Street Corridor Master
Plan
Mr. Bench said staff was requesting that this public hearing be continued to allow for more time
to reach out and work with the businesses along the State Street corridor.
City Council Minutes - July 11, 2017 (p.8)


  m  n s  h   n   n   
Orem businesses and residents for the future benefit of the City. The State Street Master Plan
was to beautify the city and include better uses and functionality of the corridor.
Mr. Bench agreed, and said that the State Street Master Plan was going to take a long time to
implement and so they wanted to take the time to ensure that each step was done right.
Mayor Brunst said that he wanted to open the public hearing to give anyone a chance to address
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closed the public hearing.
Mr. Lentz asked Mr. Ward to come forward and comment on how this proposal may have future
impact on businesses along State Street.
Mr. Ward said he was made aware of this issue coming before the Council from a postcard he
was sent and then when he came into the Development Services office to discuss moving his
business. He said there were not many things that an auto shop could be repurposed as, and
likely other businesses were in a similar predicament. He was concerned because he heard that
these areas would be rezoned for high density housing and he would have to tear down his
business. He would lose all the value that he had put into the property. Mr. Ward said he had
spoken to other business owners he knew and they too were concerned, particularly about the
implications for the future. He understood that businesses that were already in place could stay,
but if they wanted to expand or sell their business it would be difficult to obtain the financing to
do so. Banks were wary of lending to legal, non-conforming businesses and that would be an
issuefor business owners down the road.
Mr. Hasem Sakar, another Orem business owner, said he was also concerned about this proposal.
He said he had lived in many different cities and understood what it meant to. make a city
beautiful, but he felt there were other ways to do that without affecting so many.businesses. He
had a car dealership and an auto shop on State Street, and he seconded Mr. Ward's comment that
banks were hesitant to loan to legal, non-conforming businesses and that some would not lend to
them at all with that distinction. Being able to expand or grow or relocate or sell a business was
very important to a business owner, and this proposal would restrict those options for the vast
majority of businesses along State Street. Mr. Sakar said he had put in over S1 million into his
properties, including the costs of land, putting in asphalt, and building the structure, etc. and he
was concerned about losing that investment. He had a deadline of January 2019 to refinance his
property, and he was concerned about being grandfathered in as a legal, non-conforming use. He
knew he was not alone in this predicament, and so was glad that the Council was going to take
more time to reach out and discuss the issue with Orem business owners.
Mayor Brunst thanked Mr. Ward and Mr. Sakar for their comments and said that the City would
be reaching out to them and many others regarding this topic.
Mayor Brunst then moved to continue the public hearing to a future City Council meeting to be
determined. 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.
City Council Minutes - July 11, 2017(p.9)


COMMUNICATIONITEMS
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CITYMANAGERINFORMATIONITEMS
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ADJOURNMENT
Mr.Macdonald moved to adjourn the meeting.Mr.Spencer seconded the motion.Those voting
aye: Richard F.Brunst,Debby Lauret,Sam Lentz, Tom Macdonald,Mark Seastrand, David
Spencer,andBrentSumner.Themotionpassedunanimously.
The meeting adjourned at 6:34 p.m.
8
CORPORATE
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Donna R.Weaver,City Recorder
Approved:August8,2017
City CouncilMinutes-July11,2017（p.10)