City Council · 2017-09-12

CITY OF OREM
CITY COUNCILMEETING
56 North State Street Orem, Utah
September 12,2017
3:30P.M.WORKSESSION-PUBLICSAFETYTRAININGROOM
CONDUCTING Mayor Richard F. Brunst
Councilmembers Sam Lentz, Tom Macdonald, Mark
ELECTEDOFFICIALS
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
EXCUSED Debby Lauret
UPDATE - Major Crimes Task Force
Chief Gary Giles introduced BJ Robinson of the Orem Police Department, as well as Officer
Dennis Harris of the Utah County Major Crimes Task Force, an organization with which the
Orem Police Department was involved.
Officer Harris explained that he had been in law enforcement for thirty-eight years and in
narcotics, specifically, for nearly eighteen years. He said that unfortunately, every family had
been impacted by drugs in one way or another.
Officer Harris reviewed the history of Utah narcotics issues, and stated that prior to 1987 larger
police forces worked on their own drug cases. This was problematic because nobody shared
information on different cases occurring throughout the State. Even though they were successful
in some ways, they were never able to make substantial progress in solving drug problems in the
area. He explained that the Net Narcotics Enforcement Team ran from 1989 to 1997, during
which time he was involved through the Sheriff's Office. He stated that there was a significant
amount of gang activity taking place in Utah County in 1997, at which point he was reassigned
to the gang unit. Subsequently in 1998, the chiefs came together to form the Major Crimes Task
Force. Currently, the Major Crimes Task Force was comprised of forty-five officers from
Federal, State, and local law enforcement agencies. After 9/l1, the Federal government
determined that it was important for them to work more closely with local resources. As such,
City Council Minutes -September 12, 2017 (p.1)


local law enforcement had developed a good working relationship with Homeland Security, the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of
Investigation(FBl).
Officer Harris explained that the Major Crimes Task Force was split up into two sections: (1)
DTOs (officers working with Drug Trafficking Organizations) and (2) SET teams (officers
assigned to address local problems). Since 2012, most participating forces have had SET officers
assigned to them. DTO officers were responsible for investigating, dismantling and disrupting
drug trafficking organizations which were routinely connected to Mexican cartels. They had
done about two or three wiretaps a year as part of these efforts. Prior to 2012, the most heroin
that the Major Crimes Task Force had ever seized in one year was eight pounds. They had since
expanded their efforts across State borders and officers had become federally certified in order to
do so. Utah County was now known as the “Iron Curtain" of drug trafficking; dealers no longer
wanted to come through Utah County. After changing their seizing methods in 2013, the Major
Crimes Task Force seized up to 106 pounds of heroin, 105 pounds of meth, six pounds of
cocaine, 227 pounds of marijuana and 1200 pounds of spice, all of which amounted to
approximately $16 million worth of drugs.
The Major Crimes Task Force had been recognized as one of the best task forces in the westerm
United States, and was by far the best in the State of Utah. In 2013, they were involved in the
largest heroin bust to date, which occurred in Phoenix, Arizona, in collaboration with multiple
agencies. They had seized ninety pounds of high grade heroin valued at over S6 million, as well
as $500,000 in cash and twenty-two vehicles; seventy-two felony arrests were also made at that
time. In 2014, the Major Crimes Task Force seized 169 pounds of heroin, 106 pounds of meth,
ten pounds of cocaine, 327 pounds of marijuana and ninety-one pounds of spice, all of which
amounted to approximately $19 million worth of drugs total. Officer Harris shared some case
examples that took place in 2014.He reported that in 2015 they seized 143 pounds of heroin,
seventy-one of pounds meth, nineteen pounds of cocaine, 343 pounds of marijuana and dab
drugs. He displayed several images of the drugs seized in 2016, and noted that so far this year
(2017) they had seized 479 pounds of marijuana, thirty pounds of heroin, sixty-nine pounds of
meth and threepounds of cocaine.
Officer Harris stated that oftentimes there was a lot of crime associated with marijuana because
there was so much money involved. He reviewed several marijuana cases in Utah County. He
also discussed a case in Salt Lake County in which a dealer had been manufacturing and selling
highly lethal pills. So far, in this particular case they had seized $3.1 million and it was estimated
that the manufacturer and dealer had killed approximately forty people throughout the United
States. Officer Harris stated that the dealer was using Bitcoin instead of standard currency to
buy and sell his drugs on the dark web. At the time of seizing, there were sixty pending orders
valued at$20,000each.
Between the years 2008 and 2012, eighty heroin users died in Utah County. In 2016 alone, there
were twenty-seven heroin-related deaths in Utah County. Officer Harris stated that heroin and
opioid deaths in Utah County were the biggest issue that the Major Crimes Task Force faced.
The problem was multi-faceted in that it involved prescriptions from doctors, pill presses, and
orders being sent from research labs in China. The Major Crimes Task Force had been working
City Council Minutes -September 12,2017 (p.2)


through the postal system. Anytime these packages were ordered and sent to a residence in Utah
County, the Major Crimes Task Force paid a personal visit to that house. Sometimes people
ordered these drugs by the thousands.
Officer Harris reported that last year there were twenty-four violent felonies in Utah County,
including numerous homicides, attempted homicides, aggravated robberies, and other crimes.
The gang unit was reinstituted to address the issue.
Mr. Spencer asked where the marijuana was coming from, to which Officer Harris said a lot
came from Colorado, California, and now Nevada.  He said he worried about marijuana
sweeping through Utah at some point. He explained that Colorado was a good case study for
examining what types of effects the legalization of marijuana could have on a population.
Marijuana was not an FDA-approved substance; Officer Harris stated, therefore, that he was
against its legalization for medicinal purposes.
Mayor Brunst said marijuana altered the brain and was particularly harmful to younger
generations. Officer Harris further explained the side effects of marijuana usage, noting that
oftentimes users displayed a lack of motivation.
Mr. Macdonald asked Officer Harris to further explain the dark web, as was previously
mentioned. Officer Harris explained that the dark web was an encrypted site where dealers could
sell and trade drugs in an online forum that was difficult to trace. He stated that the Task Force
was working with Homeland Security to train officers in navigating the dark web.
Mr. Macdonald asked what happened with the cash that was seized in raids. Mr. Harris said the
money was returned to the State of Utah. There was subsequent discussion regarding whether or
not this was a good practice.
Mr. Harris concluded by stated that he was proud of the Orem Police Department. As an
UPDATE-UTOPIA/UIAFinancialSynopsis
Mr. Nelson said he sat on the Finance Committee for UIA. Using the aid of a Power Point
presentation, he discussed net income and explained that the "Operating Profit Loss" was the
area of the budget that UTOPIA controlled. The pledge dollars of all cities went towards the
bond and UTOPIA had little control over the interest expense. He stated that the depreciation
expense was a function of investment. One reason they focused on the net income loss was
because it fluctuated from one-time monies received.  One such example was the RUS
settlement, which was a one-time gain of S10 million. Mr. Nelson reviewed interest expenses
and explained that every year the City paid the pledge payment to the trustee who made the bond
payment. UTOPIA was required to record that payment as debt, and the interest was required to
be accumulated at their going rate for that month. He said the number was growing and would
continue to do so assuming the City continued to make the pledge payments.
Mr. Davidson said the interest amount did not represent Orem's share alone, but all cities. Mr.
Nelsonsaid thatwas correct.
City Council Minutes -September12,2017(p.3)


Mr. Macdonald asked if it was fair to say the City went from $18 to $21 million, because they
paid UTOPIA S3.3 million with the intent that UTOPIA would eventually pay the City back.
Mr. Nelson answered affirmatively, and said Orem also paid a pledge into UIA as well. He
further explained that UIA was where all current construction and activity was happening such as
bonding and new connections.
Mayor Brunst said the $10 million from the RUS settlement went to UTOPIA for construction
and not to UIA. Mr. Nelson said this was correct. He explained that a lot of the funding was
spent on refreshing the system and purchasing new equipment, as well as some construction. Mr.
Nelson reviewed UIA's financial statement which included outstanding bonds, bond payment
and depreciation. He said fluctuations occurred in the years when bonds were paid off.
In response to a question from Mr. Macdonald, Mr. Nelson said UTOPIA had enough in cash
the operating expenses as well. Mr. Nelson said he was not sure how much cash was available in
UIA's reserves.
Mr. Davidson asked if there was an IRU arrangement in place. Mayor Brunst said UIA paid
UTOPIA to offset operating costs. Mr. Nelson explained that the IRU payment was considered a
lease payment and was an expense in UIA's budget. Mr. Davidson said the City could increase
the IRU payment to cover the short fall, but in so doing that would leave the City with less
money in UIA to continue to build the system. Mr. Nelson added that anything that benefitted
UTOPIA was spread across eleven cities.
Mayor Brunst said the loss in UTOPIA each year consisted of the depreciation, interest and
capital payments the City was making on the bonds. Essentially, they had lost $13 million in
payments that the 11 cities collectively made, which was then listed as a debt in UTOPIA's
accountingbooks.
Mr. Macdonald said the City's depreciation and the interest expense were approximately the
same as the City's debt payment. Mr. Nelson confirmed this to be the case, and there was
subsequent deliberation the matter.
Mayor Brunst explained that UTOPIA was showing a $20 million loss each year whereas UIA
showed a positive cash flow. The City owed $65 million for UIA bond debt plus interest, and
there had been a $15 million stimulus in the last seven years as well as a $10 million RUS
settlement. In total, they had spent S90 million over the last seven years. UIA's approved Fiscal
Year 2017 budget showed both the operating side as well as the capital expenditure side, and the
expenditure side was what concerned him. The proposed Fiscal Year 2017 budget showed $17
million for capital expenditures, which was coming out of bond debt that was passed.
Essentially, if they were going through $800,000 to $1 million a month that would amount to the
total funding for the year, which was why they were in need of additional bond debt. He said
hopefully they could reach a point where they received a higher take rate rather than floating
additional bond debt. Alternatively, they could implement a model where the customer helped
cover some of those costs instead of having the cities handle all expenses.
City Council Minutes - September 12, 2017 (p.4)


s p o sn o  sim a   n s  pas p 
they needed to find other ways to further construction projects without adding more debt onto
Orem City every month.
There was subsequent discussion regarding expenditures versus revenue. Mr. Seastrand said
investing in capital drew in new customers; marketing efforts alone could only do so much in
this regard. He explained that by bringing in new customers they were securing a profit stream
to cover the debt. Mayor Brunst asked if there were other ways to increase funding for capital
expenditures other than increasing debt.
Mr. Davidson asked if Mayor Brunst had heard of ways that other utility companies had
expanded their networks other than through the means of debt. Mayor Brunst answered in the
negative. Mr. Davidson explained that pledging network assets to meet their obligation made
them healthier as an organization. Mayor Brunst said operations had been ongoing for 13 years,
and that they should be generating enough revenue by now without having to go further in debt.
There was continued discussion regarding the budget numbers that had been presented. Mr.
Davidson concluded that when used judiciously, debt could be an advantage and benefit to
organizations for growing additional capital.
LEGISLATIVEUPDATE
Utah House Representative Brad Daw discussed some of the legislation he was working on,
specifically how referendums and initiatives had been done in a number of areas. He worked
with the Utah League of Cities and Towns (ULCT) to review areas of Code that were confusing,
contradictory and problematic.
Mayor Brunst said there had been four referendums/initiatives in the City within the last four
years, and he asked if this was typical. Representative Daw said some cities had been inundated,
thereby tying a city's hands for an inordinate amount of time. In some cities, the “opposition"
groups distributed information using the official seal of the city to make it look like it was
coming from the Council, but in fact misinformation on an issue had been distributed.
Therefore, the legislature wanted to put clear guidelines in place for the process associated with
initiatives and referendums that both sides could agree upon. ULCT would be weighing in on
the matter and hopefully a proposal would be presented in November.
Representative Daw said a cannabis initiative was coming forward, which concerned him a great
deal. He was concerned with the misinformation that had circulated on the issue, as well as the
public safety concerns that would ensue should the initiative pass.
Mr. Sumner asked Representative Daw to discuss the opinions of medical experts regarding
medicinal cannabis. Representative Daw explained that the notion that doctors were uniformly
against cannabis as medicine was untrue. However, they still needed definitive data on how to
properly use medicinal cannabis, and what dosage amounts were safe. It was difficult to conduct
research on this issue due to legal restrictions, and therefore it was hard to track down credible
information. Furthermore, they still needed to define the best disbursement methods.
 ,    a s      
Now" initiative was a proposal to increase sales and income taxes by a certain percentage; the
revenues generated would then be earmarked for education. Mayor Brunst asked if the initiative
City Council Minutes -September 12, 2017 (p.5)


made specific recommendations on how the funds would be spent. Representative Daw stated
that it did make some recommendations; however, it couldn't be too prescriptive otherwise it
would become easy to repeal.He then briefly discussed the lobbying efforts behind this issue.
Mayor Brunst asked about reform for corporate and food taxes. Representative Daw said he had
heard proposals for either removing the taxes completely, or changing the amounts. He
discussed the factors that went into taxing different goods.
Mr. Davidson said Orem was looking at tax reform closely because the City needed to broaden
its base. He said that from the State's perspective, they had more funding to work with and
therefore more flexibility for absorbing tax reform.
Mayor Brunst stated that the City was responsible for providing services to its residents.
Anytime those services were jeopardized financially, the City must consider tax reform as a
means for addressing the problem; however, this was always a difficult discussion.
Mr. Davidson said he appreciated the State's approaching in trying to involve the cities in tax
reform. Representative Daw said there was a significant tax discussion during the last legislative
session and they ended up taking no action. Sometimes the best action was to not take action.
Mayor Brunst said roads were another area of concern in regards to the tax discussion. He had
heard discussions on tying density to road funding allotted to a municipality. He said cities
needed more B&C road funding without being dictated to regarding land use. Representative
Daw said he didn't think the issue was that “cut and dry". He stated that local government knew
what was best for their respective jurisdictions.
a lot of money to maintain. Growth was taking place and they needed to expand the road
network in addition to performing maintenance on existing roads. In general, there was a public
distaste for high density development. He said that while development was necessary, it was not
fair to place all density in the same areas. As a City, they wanted to be able to limit local land
use and maintain control of zoning. Everyone needed to collectively play a part in solving the
roads issue, and he didn't feel that was presently taking place.
Representative Daw said that in the past the State had exercised jurisdictional road transfers with
cities. Bills such as these took place every year.
Mayor Brunst said the City was looking for additional road funding without strings attached.
Representative Daw said he was uncomfortable dictating to cities how they were to use a certain
type of funding.
Mr. Lentz asked if there had been any developments in the bills pertaining to DUIs.
Representative Daw said this issue had been delayed temporarily, and any future discussion
would occur during the next legislative session. Chief Giles discussed the enforcement of the
proposed changes. Utah was waiting for Arizona to pass said changes first, in order to observe
the successes/failures of the legislative rollout.
City Council Minutes - September 12, 2017 (p.6)


Mr. Davidson asked about next year's State budget, especially with Amazon building its
headquarters in Utah. He specifically inquired as to the status of State tax incentives pertaining
to companies such as Amazon.Representative Daw said he wasn't aware of any incentives for
Amazon as of yet. He explained that Utah had a large workforce, which Amazon needed in
order to do well. There was further discussion on the pros and cons of tax incentives for large
corporations.
Representative Daw reported that the State had a surplus of approximately $200,000 to $300,000
million that was spent across a wide span of areas including education and infrastructure. He
also discussed the internet sales tax, of which several groups were opposed. He said there
needed to be a Supreme Court precedent in place on this matter. Sales tax was sales tax
regardless of whether or not it was generated online or in a brick and mortar store, and there
needed to be a reasonable mechanism in place for collecting online sales tax.
DISCUSSION-Xeriscaping Options
Mr. Bench said there were misconceptions on how the ordinance was written. He explained that
thirty percent of materials were allowed to be rock, mulch, etc., whereas seventy percent had to
be landscaped with living plants. Yards that were covered in weeds could be issued citations.
Anytime a resident planted new plants, staff gave them the benefit of the doubt that the new
plants would grow to a certain amount. Today's discussion was whether or not the City wanted
to change the ordinance to allow for more xeriscaping options. According to the proposal, no
more than thirty percent could be astro turf. He explained that yards in St. George, New Mexico,
Arizona and other areas with desert terrain were much more xeriscaped. Staff would work with
students to conduct informational surveys on the matter.
Mayor Brunst said he was interested in exploring xeriscaping options. He said the Central Utah
Water Conservancy District had a program where they issued controllers for half price so
how/when to water lawns. He suggested partnering with the District to advertise these resources
on the City's website. Mr. Bench said his own yard was a case study and he had swapped out the
controllers to help gauge water usage, and his yard looked horrible. He stated that limiting the
water may not be the only solution.
Mr. Lentz said the Beautification Commission was interested in doing some of the research.
Mayor Brunst said he had received several pictures of lawns that were dry. HOAs had bylaws
about maintaining green lawns, so this proposed ordinance would be a significant issue for the
community.
Mr. Davidson asked if it would be better to reduce the percentage requirements. Mr. Bench said
there would need to be specific, standard percentages and perhaps a list of shrubs and/or
materials that were allowed. Mr. Davidson was concerned that over time xeriscaped areas would
be overcome with weeds and poorly maintained. He said it was difficult to find the right
balance. Mr. Bench said he liked the idea of presenting pictures of good and bad examples of
xeriscaped lawns as a reference point for residents.
Mr. Macdonald said dead yards looked worse than xeriscaped lawns.
City Council Minutes -September 12, 2017 (p.7)


Mr. Seastrand asked about air quality and wanted to know if reducing greenery would have a
negative effect down the road. Mr. Bench said trees helped with air quality, but not necessarily
grass.
Mr. Bybee said synthetic turf had improved a lot over the years. Mr. Bench stated that synthetic
turf was an allowable material included with the thirty percent requirement. Issues pertaining to
code enforcement were then briefly discussed.
5:00P.M.STUDY SESSION-PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTED OFFICIALS
Councilmembers Sam Lentz, Tom Macdonald, Mark
Seastrand, David Spencer, and Brent Sumner
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Bill Bell,
Development Services Director; Scott Gurney, Fire
Department Director; Gary Giles, Police Department
Director; Chris Tschirki, Public Works Director; Steve
Earl, Deputy City Attorney; Jason Bench, Planning
Division Manager; Brandon Nelson, Finance Division
Manager; Steven Downs, Assistant to the City Manager;
and Jackie Lambert, Deputy City Recorder
EXCUSED Debby Lauret
Preview Upcoming Agenda Items
Staff presented a preview of upcoming agenda items.
Agenda Review
The City Council and staff reviewed the items on the agenda.
City Council New Business
The City Council had no New Business.
The Council adjourned 5:54 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst
City Council Minutcs - September 12, 2017 (p.8)


ELECTEDOFFICIALS Councilmembers Debby Lauret*, Sam  Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner (*participated electronically)
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Greg Stephens, City Attorney; Steve Earl,
Deputy City Attorney; 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; Karl Hirst, Recreation
Director; Steven Downs, Assistant to the City Manager;
Pete Wolfley, Communications Specialist; and Jackie
Lambert, Deputy City Recorder
INVOCATION/
Heidi Hilton
INSPIRATIONALTHOUGHT
PLEDGEOFALLEGIANCE Michael Oleander
APPROVALOFMINUTES
Mr. Spencer moved to approve the August 29, 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.
MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
REPORT-LibraryAdvisory Commission
Mrs. Crozier introduced Ken Bonney, Vice Chair, to lead the presentation. Terri Smith and
Mr. Bonney said that the theme of their presentation was that they believed in the power of
libraries. The library provided the power to learn, discover, grow, and have fun. Over one
million items had been circulated thus far this year, as well as 750 programs.
Courtney Burns reviewed some of the new initiatives this year, including the Teen Library
Council (TLC). The TLC met monthly to plan activities for teens and increase teen
participation, with the first meeting having taken place in August 2016. So far, the TLC
increased attendance numbers for various teen programs by twenty-four percent. This was
achieved in part by planning programs that appealed to teens and finding new ways to reach out
and market the events. For example, the TLC began advertising in the local high schools. Ms.
City Council Minutes -September 12, 2017 (p.9)


Burns noted that some members of the TLC were in attendance at the meeting, whom she
recognized. She stated that one initiative launched by TLC was the #bookfacefriday initiative.
Next, Ms. Burns discussed the Lego at the Library program, which offered fun and educational
opportunities for kids to interact with the library and the children's librarian, Rita Christiansen.
One activity offered through this program was Books with Builds, a creative Lego story time
with builds and show-and-tell. The Lego Lab--a free play area with building challenges——-was
also provided through the Lego at the Library program.
Mary Richards discussed the Yearbooks Online database, which was an important part of the
library's collection and the City's history.  She reported that last year, the Yearbooks Online
database had 31,997 searches.
Marsha Cerny discussed the Friends of the Library program. She stated that the original program
lapsed many years ago, so Tammy Starr, Associate Librarian, researched Friends of the Library
programs across the State of Utah in order to implement a new program at the Orem Library. The
new Friends of the Library program allowed patrons to support the library with monetary
contributions and receive different perks in return.
Suzanne Stratton discussed the new Makerspace program, and explained that it was a resource
for people to find highly specialized technological equipment they could not afford to have at
home. They would continue to seek grant funding in order to expand the program. Equipment
provided through Makerspace included the following: iMac Computers with Adobe Creative
Suite/Design Software, 3D printers, Go Pro cameras, silhouette cameo cutter for vinyl and paper,
button maker, silk screening equipment, music station for composing/editing, Instamatic and
other cameras, sewing machines and other sewing equipment. Patrons could use the equipment
for free, with the exception of the 3D printers. Ms. Stratton turned the time over to Mr. Lazalde
to discuss the types of objects that could be made using a 3D printer.
Ms. Stratton reviewed the projects that were presently underway, such as the construction of
individual and group study rooms, redesign work of the Children's Wedge (early literacy area of
the library), and fundraising efforts for the auditorium space.
Mr. Bonney stated that As a Library Advisory Commission, they wanted to thank the City
Council and City Staff for continuing to invest in the library. The Orem Public Library was an
important community resource and gathering space, providing opportunities for those who
wished to learn, grow, and expand their horizons.
Mr. Lentz asked if the Makerspace hours were the same as regular library hours. Mrs. Crozier
said they would start with published hours and some equipment required a reservation
beforehand. She described the various areas of the library where Makerspace equipment was
available, and stated that the IT staff had been very helpful in opening up work spaces
throughout the library.
In response to an inquiry from Mayor Brunst, Mr. Bonney explained that one of the library's
programs was called “1000 Books", which was a goal for children to have 1000 books read to
them before starting school. He discussed the role this program played in the success of the
community.
City Council Minutes - September 12, 2017 (p.10)


Mr. Seastrand and Mayor Brunst commented that as a whole the library was a great asset to the
City.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not
scheduled as public hearings on the agenda. Those wishing to speak should have signed in prior
to the meeting, and comments were limited to three minutes or less.
               
religious condemnation towards staff or elected officials during personal appearances. He added
to his previous remarks by stating that condemnation was not beneficial to efforts in moving the
City's work forward.
Harold McCown, resident, said he was concerned about pickle ball courts in Sharon Park and
wished to make three points regarding this issue.  First, he asked when the adjacent
neighborhood would be included in this kind of discussion, given that these courts would
significantly change the nature of the park. Second, he stated that 500 North would be greatly
impacted by this change. He explained that the road in question already experienced high traffic
volumes from Sharon Elementary School. Third, he said Sharon Park was built in partnership
between the City and adjacent neighborhood, with the stipulation that the park be closely
maintained to its present condition. Mr. McCown requested that the City halt progress on the
construction of pickleball courts to ensure that this project was in conjunction with the original
intent of the park.
Michael Oleander, resident, said he was a regular user of the Orem Bark Park, and on any given
night there were up to 30 dogs there. He, along with many other users, wanted to know when the
park would be completed. He said the back area that was hydro seeded around the same time as
the grand opening was now covered in weeds. Furthermore, there was only one bag dispenser
(used in collecting animal waste) at the park entrance, rather than having several spread around
the park. Mr. Oleander also made mention of a steep incline in the park and was concerned that
during the winter time it would become a slippery “ski slope", thereby making it difficult to
access the one bench in the park. He said there were plenty of volunteers who were willing to
remove the rocks in the area where grass was supposed to be growing. The rocky areas were
causing damage to the pads on dogs’ feet, and dog owners wanted grass planted in the area.
At Mayor Brunst's request, Mr. Oleander provided his phone number so staff could reach out to
him on the matter.
CONSENTITEMS
Mayor Brunst moved to cancel the September 26, 2017 City Council meeting. Mr. Lentz
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.
SCHEDULEDITEMS
City Council Minutes -September 12, 2017 (p.11)


6:00P.M.PUBLICHEARING-SetbackStandardsforStateStreet
ORDINANCE-AmendingSection 22-8-8(B)of the Orem CityCodepertaining to
developmentstandardsfortheStateStreetCorridorArea
Mr. Bench presented a request from the Development Services Department that the City Council,
by ordinance, amend Section 22-8-8(B) pertaining to development standards in the State Street
Corridor area.
On April 25,2017,the City Council adopted an ordinance pertaining to design standards for the
State Street Corridor area.The newly adopted design standards changed the building setbacks
along State Street to require buildings to have a maximum setback along the corridor of ten feet
frombackofsidewalk,ortwentyfeetifthedeveloperprovided a“spaceopen tothepublic”in
accordancewiththeparametersoutlinedinthesameordinance.
TheintentoftheaforementionedordinancewastomakebuildingsalongStateStreetmore
appealing to and accessible for pedestrian-related uses.It was anticipated that the setback area
would be landscaped or used as a space open to the public (outdoor dining, seating, etc.).The
setback area was not intended to be used as additional space for parking, driveways,drive-
throughs,or other auto-orientedpurposes.Parking or drive-throughs conflictedwith thenatural
pedestrianflowfrom the sidewalk andpresented asafetyhazard aswell asreduced thefunction
ofpedestrianimprovements.
In order to eliminate any ambiguity regarding the use of the setback area, Staff proposed an
ordinance amendment thatspecificallystatedthat thesetback areaneededtobeusedas
landscaping or as a space open to the public. The proposed amendment would modify the
language ofSection 22-8-8(B) to add thefollowing sentence:
"All area within a setback (the area between the building and back of sidewalk) shall be
landscaped and/or used as a *space open to the public' in accordance with subsection (5).
Thislanguagewouldeliminatethepossibilityofusingthesetbackareafordrive-throughsor
parkingandwouldhelpachievethepurposeoftheStateStreetCorridorMasterPlan,whichwas
to “enhance the open space system to encourage walkability, community gathering, healthy
living,and active storefronts."
Apublichearing concerning gthisproposedamendmentwasheldbeforethePlanning
CommissiononAugust16,2017,and thePlanningCommissionrecommendedapprovalof the
proposed amendment. There were no comments from the public regarding the proposed item.
The Planning Commission recommended the City Council amend, by ordinance, Section 22-8-8
(B) in the Orem City Code pertaining to thezone development standardsfor setbacks in theState
StreetCorridorArea.StaffsupportedthePlanningCommissionrecommendation.
Mr. Bench presented the staff report and said the intent was for the space to be landscaped and
notpaved.
City Council MinutesSeptember12,2017(p.12)


Mayor Brunst opened the public hearing.No one came forward to speak, so he closed the public
hearing.
Mr.Sumner said therewas a possibilityfor lightrailin the long-term plansforStateStreet.As
such,UDOTwouldlikelywanttotakemorespacefromeachsideofthestreet,andMr.Sumner
asked how this would affect the setback requirements.Mr.Bench said the standard setback was
fifteen feet.In the future, staff anticipated that UDOT could potentially take up to seven feet of
thatamount,whichwouldcomeoutofthelandscapedportion.
Mr.Seastrand moved,by ordinance,to amend Section 22-8-8(B)of the Orem City Code
pertaining to development standardsfor theStateStreet CorridorArea.MayorBrunstseconded
the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald,
MarkSeastrand,David Spencer,and BrentSumner.Themotionpassed unanimously.
6:00P.M.PUBLICHEARING-ParkingStandardsforAffordableSeniorHousingOverlay
ORDINANCE-AmendingSection22-12-7(O)(10)oftheOremCityCodepertainingto
parkingrequirements in theAffordableSeniorHousing overlay zone
Mr.Benchpresented arequestfrom theDevelopmentServicesDepartment that the City Council,
by ordinance,amend Section 22-12-7(O)(10)of the OremCity Code pertaining toparking
requirementsintheAffordableSeniorHousingoverlayzone.
The Affordable Senior Housing (ASH) overlay zone was created to allow and encourage the
development of affordablehousingfor seniors.In order to allowsuch housing tobe affordable,
theASH zone allowed up tofourunits tobebuilt on a singleresidential lot.Developments in
theASH zonewerealsointended tobedesigned andconstructed tobe compatiblewith
surroundingsingle-family neighborhoods.
The ASH overlay zone required 1.5 parking stalls per unit with at least one stall covered.An
ASH developmentwithfourunitsthusrequired sixparkingstalls.Some recentASH developers
proposed placing all six parking stalls in the front of the building. In Staff's opinion, this type of
configuration did not fit in with surrounding single family homes because very few single family
homeshadsixparkingstallsinthefrontyard.
Staff proposed to amend the parking standardsfor the ASH zone to require that all parking be
located intherear of thelot.Exceptionswould include a one or twocar garagein thefrontyard
when attachedtotheprimarystructure orparkinginthesideyardwhenscreened appropriately
as outlinedin theproposed ordinance.Thiswould makeASH developmentsfit inbetterwith
surrounding residential neighborhoods. The proposed amendment is outlined below:
Section22-12-7(O)(10)
Parking.Each dwelling unit shall be provided no less than one and one-half (1.5) parking stalls.One (1)
10.
covered stall shall be required for each unit.All parking spaces shall measure at least nine (9) feet by eighteen (18)
feet.All parking spaces,parking areas,and driveways shall be paved with asphalt and/or concrete and shall be
properly drained. Drainage shall not be channeled or caused to flow across pedestrian walk ways.All parking for an
ASH development shall belocated in the rearyardwith thefollowing exceptions:
a. One garage containing either one or two parking spaces may be provided in front of or to the side of the primary
City Council Minutes-September12,2017(p.13)


b. Parking spaces are allowed in a side yard that is not adjacent to a public street if no part of the parking space(s)
to require parking stalls to be screened from view from the street adjacent to the front yard.
The entire rear yard and any side yard containing parking spaces that are not fully enclosed in a garage shall be
fence shall be constructed of wood, vinyl, or masonry.
ThePlanning Commission recommended the City Council amend Section 22-12-7(O)(10) of the
OremCity Codepertainingtoparkingrequirementsin theAffordableSeniorHousingOverlay
zone.Staff supported the Planning Commission recommendation.
Mr.Benchpresentedtheproposedordinanceamendmentslistedabove.
MayorBrunst asked about thesideparking spaces.Mr.Benchsaid they allowed parking spaces
on the sides ofa building as long as they were screened by a front-facing facade.Therefore, side
parkingspacewouldnotbeallowedoncornerlotsbecausetheywouldbevisiblefromthestreet.
Mr. Macdonald asked about the following language: “...any further than the front elevation than
the primarybuildings...”He stated that this seemed as if parking could not be placed on the side
of houses. Mr. Bench explained that the parking could not project out beyond the front facade;
anysideparkingwouldberequired tobetuckedbehind the actualbuildingitself.Therewas
subsequentdiscussionofthewordingoftheordinance.
Mr.Lentzasked if therewasalimitwithASHzones,whereonlysomanywere allowedin a
given neighborhood. Mr. Earl said that the one limitation presently in the ordinance was that an
existinglotcouldnotbesubdividedintotwoASHdevelopments.However,itwaspossible to
placeASH developments on as many currently existinglots aspossible.Mr.Lentz stated that he
wonderedhowtheserequirementswouldimpacttheneighborhood,giventhatrentpriceswere
dictated by federal guidelines.Mr. Bench stated there were two,side-by-side ASH
developments onseparatelotsnear theCatholicChurch.
Mayor Brunst asked about the rentguidelines.Mr.Bench said HUD and theFederal Housing
Authoritydefinedaspecificmaximumamountforrentandutilities.MayorBrunstaskedfor
some follow up from Mr. Bench on the numbers.
Mayor Brunst opened the public hearing. No one came forward to speak, so he closed the public
hearing.
Mr.Lentzmoved,by ordinance,toamendSection22-12-7(O)(10)of the OremCity Code
Mr.
Macdonald seconded themotion.Thosevoting aye:RichardF.Brunst,DebbyLauret,Sam
Lentz,TomMacdonald,MarkSeastrand,David Spencer,andBrentSumner.Themotionpassed
unanimously.
RESOLUTION-AdoptMountainlandPre-DisasterHazardMitigationPlan
ChiefScott Gurneypresented arecommendation thattheCityCouncil adopttheMountainland
ClowardwithMAGwere alsoin attendance.
City Council Minutes -September 12,2017 (p.14)


Section 322 of the Federal Disaster Mitigation Act of 2000 (the“Act") established mitigation
planning requirements for State, local,and tribal governments.Under this section of the Act,
States(and some of theirpoliticalsubdivisions)were eligiblefor federal hazardmitigation
monies if they submitted for approval a mitigation plan that identifiednatural hazards,risks,
vulnerabilities,anddescribedactionstomitigatethehazards,risks,andvulnerabilities.
TheState of Utah, through the UtahDivision of EmergencyManagement, worked with local
jurisdictionstoimplement and adoptmitigationmeasuresthroughthesevenregionalAssociation
ofGovernments.TheMountainlandAssociationof Governments(MAG)covered thecounties
of Summit, Utah, and Wasatch.MAG and its members drafted and proposed a Mountainland
Pre-DisasterHazardMitigationPlan(the“Plan")for consideration andcompliance withState
and federal laws, rules, and regulations.  The Plan identified mitigation goals and actions to
reduce or eliminate long-term risk to people and property in the City of Orem from the impacts
of future hazards and disasters. A complete copy of the Plan could be found at
http://www.mountainland.org/articles/view/Hazard%20Mitigation%20Plan (asofJune13,
2017). Part VII of the Plan, the part that addressed the City of Orem and its mitigation measures,
wasattachedtotheproposedresolution.
In early April 2017, the Utah Divisionof Emergency Management received an email stating that
theupdatedPlanmetfederalrequirementspendingitsadoptionby theMAGlocal jurisdictions.
MAGstaffmembersensuredthateachlocaljurisdictioncoveredbythePlanmetthe
participation requirements and would become eligible by adopting the Plan.
The Federal Emergency Management Agency (Region VIll) (FEMA) required each local
jurisdictiontopassaresolutionadoptingthePlan.InordertocomplywithFEMA's
requirements and to ensure that the Citywas eligiblefor all benefits under theAct,the applicants
requestedthattheCityCouncilpassaresolutionadoptingthePlan.
Chief Gurmey said he asked Mr. Stevenson to briefly outline the plan and encouraged the Council
toaskquestionsastheyarose.
Mr.Stevenson explainedthat theplanwasmulti-jurisdictional andwouldbereviewed,revised
andre-adoptedeveryfiveyears.Thepurposeoftheplanwasdescribedasfollows:
Protect public safety and prevent loss of life and injury
Reduceharmtoexistingandfuturedevelopment
Prevent damage to a community's unique economic, cultural, and environmental assets
Minimizeoperationaldowntimeandacceleraterecoveryofgovernmentandbusiness
afterdisasters
Reducethecostsofdisasterresponseandrecoveryandtheexposuretoriskforfirst
responders
Help accomplish other community objectives, such asleveraging capital improvements,
infrastructure protection, open space preservation, and economic resiliency
Mr.Stevenson explained that thefunction of theplan was to serve as a guidefor Orem City
decision makers as they committed resources to reducing effects of natural hazards.
CityCouncil Minutes-September12,2017(p.15)


Mr. Aaron Cloward (MAG) said there was not a downside to supporting this resolution. They
worked with City Planners to include mitigation efforts that were specifically important for
Orem residents. The plan was geared towards prevention; it did not include what would happen
after a hazard took place. At that point, the Emergency Manager would take over.
Mayor Brunst asked if the City would be restricted in what they would receive from FEMA after
a natural disaster event took place, if they did not pass the proposed resolution. Mr. Cloward
said the City would not be restricted in the assistance they would receive after a disaster, but
MAG encouraged forward thinking on the City's part.
Mr. Lentz asked if there strings attached to this grant money that would be against the best
interest of Orem residents. Chief Gurney said they tried to assess the most predictable issues for
the area in regards to reducing the loss of life or property. He stated that they would be very
prudent in how grant money was spent. As he understood the process, there were no strings
attached.
               
mitigation efforts upfront, which later would be reimbursed by FEMA. Mr. Stevenson answered
affirmatively; however, if the disaster was so large that the City's resources were depleted
entirely, then the responsibility would then fall to the County. If the County's resources were
insufficient, the responsibility would then fall to the State before turning to the Federal
government.
Chief Gurney said a lot of money would need to be spent in the event of an emergency.
within the present time. However, this created an element of unawareness of what issues would
arise as result of a natural disaster. He asked which resources the plan was geared towards
protecting, and which organizations would deal with recovery efforts. Mr. Stevenson stated that
federal grant funding was specifically geared towards protecting the City's infrastructure. He
discussed the types of disasters that would prompt initiation of the plan, such as large winter
storms, wild fires, floods and earthquakes.
Mr. Cloward said the process by which FEMA allocated grant funding was competitive on the
State level. He specifically mentioned that the funding allocated for flood mitigation efforts this
year was $90 million Nationwide, of which the State of Utah had a portion.
Mr. Macdonald moved, by resolution, to adopt the Mountainland Pre-Disaster Hazard Mitigation
Plan. 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.
COMMUNICATIONITEMS
There were no Communication Items.
CITYMANAGERINFORMATIONITEMS
City Council Minutes - September 12, 2017 (p.16)


TherewerenoCityManagerInformationItems.
ADJOURNMENT
Mr.Spencer moved to adjourn the meeting.Mr.Seastrand seconded the motion.Thosevoting
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 7:01 p.m.
OREM
CORPORATE
SEAL
Osma R.Seae
DonnaR.Weaver,CityRecorder
Approved:October10,2017
City Council Minutes-September12,2017(p.17)