City Council · 2018-03-13

CITY OF OREM
CITYCOUNCILMEETING
56 North State Street Orem, Utah
March 13, 2018
3:00 P.M.WORK SESSION -PUBLIC SAFETY TRAINING ROOM
Mayor Richard F. Brunst
CONDUCTING
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
Jamie Davidson, City Manager; Brenn Bybee, Assistant
APPOINTEDSTAFF
City Manager; Steven Downs, Assistant City Manager;
Greg Stephens, City Attorney; Karl Hirst, Recreation
Department Director; Richard Manning, Administrative
Services Director; Bill Bell, Development Services
Director; Scott Gurney, Fire Department Director; Gary
Giles, Police Department Director; Charlene Crozier,
Library Department Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning Division Manager; Ernesto Lazalde, IT Division
Manager; Thayne Carter, Fleet Division Manager; Jody
Bates, City Recorder; and Jackie Lambert, Deputy City
Recorder
BUDGET DISCUSSION -Operations, Fleet, & IT
Mr. Richard Manning, Administrative Services Department Director, presented information to
the City Council about city operations and workload expansion recommendations. He specified
that debt payments, road fund, CARE allotments, and day-to-day supplies like fuel and utilities
were included under operations. Excluded from operations were personnel costs, capital, and
vehicle replacement. The total operational expansion for the upcoming budget year included:
· 8.45 new employees full-time and related new equipment
Four shifting duties using same employees
New equipment, contracts, maintenance fees, etc.
One-time requests with on-going funds
Mr. Manning reviewed some of the proposed changes, including the recommended new positions
like a Cyber Crimes Detective in OPD, an additional 311 Communications Agent, and a flexible
Neighborhood Preservation Unit (NPU)/School Resource Officer (SRO). The NPU/SRO would
serve the request from the Alpine School District for greater police presence at the junior high
schools in the City. There were also proposed amounts to go toward non-benefitted employees
also, included an adjustment for flexible or temporary employees. Mr. Manning said this was to
City Council Minutes - March 13, 2018 (p.1)


There was discussion on the position recommended for the cemetery. Mr. Manning explained
that scheduling was often a challenge because so many burials were scheduled for weekends.
They needed personnel to cover that on Saturdays instead of incurring overtime. He added that
costs of burial on weekends were higher generally; funeral directors also had added costs on
weekends to help control burial and funeral dates so they were not all scheduled on Fridays and
Saturdays.
Mr. Manning noted that an adjustment to the pay for elected officials was included. He said that
they were doing a market adjustment for all employees, including flexible employees, so they
applied the same adjustment for the City Council. He further noted that the amount was a lower
amount than was even recommended by the ad hoc committee that recommended an increase a
year or so prior. He reviewed the remaining proposed costs in operations for police, fire, library,
public works, development services, etc. and turned the time over to Mr. Thayne Carter for a
reviewonfleetneeds.
Mr. Carter, Fleet Division Manager, presented a summary of the needs for fleet upgrades and
replacement. Fleet covered all City vehicles, from police cars to ambulances to riding lawn
mowers to jet/vac trucks. He identified the enterprise funds that the replacement vehicles would
be paid through; all in all, they were allocating approximately $1.6 million for the upcoming
year.
Mr. Ernesto Lazalde, Information Technology (IT) Division Manager, then presented the
highlights from his department over the last year including the addition of wireless access at
Palisades Park and the Scera Shell area, hiring an assistant IT manager, computer replacements
in library, police, and various other city departments, and software redesigns for the Orem
Fitness Center and the attorney's office legal e-filing system. He said on their computer rotation
schedule was effective in keeping anyone from having a computer older than four plus years. Mr.
Lazalde then reviewed upcoming projects that were already funded through a five-year plan. The
plan included such projects as:
Replacing virtual host servers
 Replacing eighty-four desktop computers and sixteen police car laptops
Replacing the internet and email filtering solutions
Replacing the email archiving solution
Re-hiring for an unfilled programmer position
?
Mr. Lazalde concluded his presentation. There was brief discussion about the increase for
elected officials. Mr. Manning said it was a proposed increase of four percent, the same
proposed increase for all employees with one percent an adjustment for cost of living increases
and the rest for merit. He acknowledged that it would be awkward for the Council to approve an
increase for themselves, but it was a reasonable increase so they (being City staff) included it on
their behalf.
DISCUSSION - Impact Fees
Mr. Brenn Bybee, Assistant City Manager, began the discussion on impact fees, and introduced
Suzie Becker as the project lead on the impact fee study. Mr. Bybee discussed an open house
City Council Minutes - February 13, 2018 (p.2)


discussion with developers, acknowledging the meeting as productive, despite the low ratio of
attendees to staff and consultants. Over the last three to four years, over 440 notices had been
sent out to every builder and developer in the City, and Deanne Hewish from the Utah Valley
Homebuilders Association was given advanced notice to send to the organization's contact list.
There was a brief discussion of the 90-day waiting period, which concluded with the explanation
that the purpose of the waiting period was to give builders time to adjust pricing and budgets
based on changing conditions.
Ms. Becker covered six different impact fees and the construction of the fees. There were two
documents needed per utility—impact fee facilities plan and an impact fee analysis, the former
being more complex. Zions Public Finance conducted the impact fee analysis, which looked at
project costs to determine the fees. Ms. Becker explained there were two service areas-
citywide, and the southwest annexation area—-which had varying fee costs. The maximum fees
citywide reached around $6,50o. The higher fees were in culinary water, sewer, and storm
drains.
Ms. Becker then covered public safety impact fees. The southwest section had higher impact
fees because of increased construction burdens, and new projects could not connect to excess
capacity. Fire service did not have excess capacity and each area needed to be serviced by its
own fire service. Police could provide excess capacity; however, there still needed to be new
construction.
Mayor Brunst asked why American Fork was ranked so high in utility costs relative to other
municipalities. Mr. Davidson said they had a large pressurized irrigation system that cost $S60
million in increased operational rates and impact fees. Mr. Tschirki said Timpanogos Special
Service District played a part in high sewer costs; the rate was $60 in Lehi and $25 in Orem
comparatively.
Mrs. Lauret said her experience reflected similar high costs. She said the road impact fees in
American Fork were substantially higher than Lehi--a $70,0o0 difference between a restaurant
in American Fork versus one in Lehi, despite being only a block apart. Mrs. Lauret also
suggested that the timing of development relative to the recession may have had a part in the
cost. Ms. Becker agreed that the timing was a factor and added that some municipalities might
not have actively recruited excess capacity to avoid litigation issues.
Ms. Becker then moved on to water, sewer, and storm. These three utilities had two separate
systems divided between the citywide and southwest annexation area, unlike for roads, parks,
and public safety. Impact fees for water were calculated by adding citywide and southwest
estimates. Ms. Becker discussed the differences in City policies on water supply and water
rights, and their relationship to water supply fees.
Mr. Lentz then prompted a discussion on water supply fees and asked if it was possible to have
more water rights than necessary and trade them in to counteract impact fees. Mr. Winterton
said that the Metropolitan Water District of Orem could purchase water rights on the open
market for cash, but as a City policy, purchasing and selling water rights wasn't possible.
Mayor Brunst added that water shares were required for development of a certain size of land.
Mr. Larsen said most municipalities in Utah County required water supply, meaning that
City Council Minutes - March 13, 2018 (p.3)


           s s s  
water supply fees was Provo, but they were updating their policy at the time of the meeting. Mr.
Winterton said there was a water supply impact fee in Orem and this was going down slightly.
Orem's S3,500 fee was lower than almost any other city along the Wasatch Front for culinary-
grade water rights.
Ms. Becker moved on to sewer fees and emphasized that impact fees were only being assessed
for new developments, and not for existing areas and problems. Citywide fees and southwest
annexation area fees were separate. Southwest fees reached $5,0o0 while citywide fees were
around$850 annually.
Mr. Macdonald said he was not surprised that those fees were so far apart, as significant
infrastructure development was needed in the southwest part of the City. Mr. Larsen said
location was difficult from a sewer service perspective, because it required several lift stations
and in an area of shallow groundwater which increased installation costs. Ms. Becker pointed
out that sewer costs, one of the six impact fees, made up a third of total fee costs in the southwest
area.
Ms. Becker moved on to roads and transportation fees, and she presented a map of the areas
where projects were required to be completed within the next ten years. She noted that not all
  d s   ss  st     e   s e
account for the wear and tear on the road.Ms. Becker covered the process of calculating the cost
of those trips. She said the fee had remained steady year-to-year, but the overall cost had
increased because of outstanding bonds. As projects moved forward, impact fee costs appeared
to increase because less was being offset by the bond.
Mayor Brunst said that American Fork had high fees relative to other cities. Ms. Becker referred
to Kevin Croshaw for an explanation. Mr. Croshaw explained that a lot of development in the
west increased capital costs, which Orem had maintained well.
Keith Larsen said that American Fork had a high level of deferred maintenance with which they
were trying to catch up. Mr. Bybee said in working with outside government organizations such
as MAG and UDOT on road projects, no impact fees were charged. Mr. Croshaw said that of the
$12 million the City was required to pay for, $9 million was in impact fees.
Ms. Becker moved on to storm drain projects, again contrasting the higher costs in the southwest
relative to the citywide. Storm drain projects had some access to excess capacity in the citywide
area. There was no excess capacity in the southwest area. Outstanding debt and programs to
offset that debt had created similar trends to the sewer fee. The average southwest annexation
areafeewas about $2,600.
Ms. Becker next discussed parks and recreation.  There was initially a master plan for
development of the system of park needs. These included land, parking lots, park improvements,
mowed acres, irrigation, park trails and park structures. These capital costs came to around $6
million over the next ten years to maintain service levels.
Mr. Davidson said that money was being collected for impact fees, but no land had been
purchased. He asked at what point the land was purchased. Mr. Larson said that they had been
City Council Minutes - February 13, 2018 (p.4)


approached by a seller, but the land was not ideal and the offer was respectfully declined. There
were several  spaces under  conservation and agricultural  easements.  Therehadbeen
conversations about the need for a park as opposed to a passive environment-—maybe tied to the
lake or a trailhead that was connected to the environment instead of athletics spaces. The search
for acreage was active, with an understanding that there was a need for a park, but also that there
could be a more unique approach.
Ms. Becker said that commercial development did not create demand for park space, so only
residential development was charged impact fees on a per capita basis. The maximum fee was
based on expected population and offset by debt. Park fees ended up around $2,500 to $2,800.
Ms. Becker concluded that the City was average in fee costs and this was because the City had
older infrastructure and more excess capacity for newer projects.
Mayor Brunst asked how much money the fees would bring into the City annually, excepting the
southwest area. Mr. Davidson said the budget approach was to keep spending low, but with a
recognition that the money would run out eventually. Mayor Brunst said Saratoga Springs filed
900 permits per year. Mr. Davidson said that that data could become skewed by large purchases
of permits. In year one it was hard to plan for what the income would be. Impact fee growth
was also driven by a healthy economy. Mr. Bybee projected $1.7 million in impact fees, based
on previous years.
Ms. Hewish discussed the importance of remaining transparent with the City's fees. American
Fork had irregular impact fees, including higher impact fees from development in a private
planned community. Announcement of impact fees did cause some worry among developers,
leading to those high number purchases of permits, mostly for multifamily developments. The
transparency of numbers and the southwest area had decreased the anxiety.
Mr. Seastrand asked how impact fees would affect the cost of housing. Ms. Hewish said that
American Fork's system was based on large parcels of land, whereas Orem was sold in small
parcels, thereby creating different demands and costs. She pointed to Saratoga Springs, which
saw spikes in land costs. Mr. Seastrand asked if Orem had a favorable perception of their level
of service among developers relative to other cities. Ms. Hewish said that yes, developers like
their staff, the fee levels, the promptness of communication and laws.
Mr. Davidson said that during conversations about adjusting utility rates for existing customers,
it was discussed that newcomers bought into the infrastructure and bore a fair share of the
financial responsibility. He saw impact fees as addressing this issue, not to keep developers out
with high costs, but to even the field for existing developers.
Mr. Lentz asked about the southwest annex, and where the fees were traveling. Mr. Earl
explained that initially, all infrastructure would be on the developer, and that impact fees would
reimburse the developer. All impact fees would be given back to the developer in the form of
credit or reimbursement, but the ownership went to the city. Ms. Becker said that the outcome
would be equal.
DISCUSSION - CARE FY 2019
City Council Minutes - March 13, 2018 (p.5)


Mr. Downs discussed the goals of the previous year and ideas moving forward. He subsequently
reviewed the funds that had been allocated for the library auditorium.
Mayor Brunst asked for an estimation of income, which Mr. Downs provided as $2,175,000,
compared to $2,050,000 the previous year. The City was expected to come in at a surplus, which
had been reallocated to this year's budget.
Mr. Davidson said with applications moving forward, there was a natural tendency to ask for
more money to allocate to existing items. He warned against this, suggesting that the money be
set aside for long-term addressing of the shell. He explained that allocations that might increase
with percentages (e.g. forty-three percent of the budget this year might mean a lot more money)
should stay at previous funding levels.
Mayor Brunst asked the Council if they were comfortable with the money that was allocated last
year. Mr. Downs said that the first meeting with the CARE committee would be on the 29"h.
Mayor Brunst suggested changing the makeup of the committee.
Mr. Downs recognized that the reimbursement for the committee decreased and volunteers also
decreased in numbers this year. There was brief discussion about changing the payment of
reimbursement for the CARE members from a lump sum to quarterly, as well as how much to
reimburse the committee.
ANNUAL REPORT -Municipal WasteWater Planning Program
Mr. Winterton reviewed a list of questions that the Municipal Waste Water program was
required to fill out as evaluation from the State. First was a financial evaluation, then a
collections system evaluation, and finally a mechanical plant evaluation.
The annual charge for a home in 2017 was $312, or twenty-six dollars per month to process
9,00o gallons of wastewater per home. Mr. Winterton then moved through the questions on the
financial evaluation slide, which addressed the creation and maintenance of a reserve fund for
capital improvements. He said he was doubtful that any cities reserved funds as far in advance.
The final question asked if sewer capital improvements were funded annually with sewer
revenues at two percent or more of the total replacement cost, to which the answer was no
The next set of questions pertained to collections systems. Mr. Winterton briefly touched on
each of these questions. There were no days in 2017 in which there was a sewage bypass or
overflow due to weather or equipment failure.  There were 399 new residential sewer
connections and eighteen new commercial or industrial connections added in 2017. The Direct
Responsible Charge operators were qualified for their work with collections systems. The
system had completed a Sewer System Management Plan (SSMP) but had not yet presented it to
the public. Furthermore, it had also not been implemented or come under the need for
adjustment.
Mr. Winterton then moved on to the mechanical plant evaluation. No Notices of Violation were
given to the facility in 2017, meaning no harmful substances were discharged. The evaluation
asked for the dates of construction or upgrade for the units in the facility. All units were less
City Council Minutes -February 13, 2018 (p.6)


than ten years old except for the Solids Handling unit, which was last upgraded in 1994. Mr.
Winterton mentioned that the 2018 budget included almost $600,000 to add a third bell press to
the solids handling operation.
Mayor Brunst asked when the whole facility was built, and Mr. Winterton answered that it was
built in 1958, with major expansions in 2014, 1996, and 1984. Ultraviolet disinfection was
added in 2016. Mayor Brunst asked how many gallons were processed by the day. It was noted
the facility processed around 8.5 to nine million gallons per day. Mr. Winterton attributed this to
greater filtration systems and conservation awareness.
Mr. Lentz brought up the phantom dumper and asked if there were measures in place to address
something like that in the future. Mr. Winterton described how plant irregularities tipped the
authorities off to illegal dumping, and how the facility put samplers into the system to gain more
information. He outlined the difficulty of trying to analyze data from 24 hours earlier and
finding a source.
5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
APPOINTEDSTAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant
City Manager; Steven Downs, Assistant City Manager;
Greg Stephens, City Attorney; Karl Hirst, Recreation
Department Director;  Richard Manning, Administrative
Services Director; Bill Bell, Development Services
Director; Scott Gurney, Fire Department Director; Gary
Giles, Police Department Director; Charlene Crozier,
Library Department Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning Division Manager; and Jackie Lambert, Deputy
City Recorder
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 Council discussed the bills that had gone through the recent State Legislative session,
particularly those that affected municipalities and Orem specifically.
City Council Minutes - March 13, 2018 (p.7)


Mr. Lentz was worried about misinformation being distributed with regards to a survey that was
recently conducted.  Several residents received an email from a trusted member of the
community containing information that contradicted the survey findings. He said one of the
residents informed him that she was advised by two Councilmembers to provide this information
to her neighbors. However, this information did not represent the consensus of the Council. Mr.
Lentz referred to a prior Councilmember who created at toxic situation on the Council several
years ago, and it made it difficult for the body to function. He was concerned they were
potentially heading down the same path again. He did not want a situation where Council was
split from within.
The Council adjourned at 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
Councilmembers Debby Lauret, Sam Lentz, Tom
ELECTED OFFICIALS
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
Jamie Davidson, City Manager; Brenn Bybee, Assistant
APPOINTEDSTAFF
City Manager; Steven Downs, Assistant City Manager;
Greg Stephens, City Attorney; Karl Hirst, Recreation
Department Director; Richard Manning, Administrative
Services Director; Bill Bell, Development Services
Director; Scott Gurney, Fire Department Director; Gary
Giles, Police Department Director; Charlene Crozier,
Library Department Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning  Division Manager;  Peter  Wolfley,
Communications Specialist; and Jackie Lambert, Deputy
City Recorder
INVOCATION/
INSPIRATIONALTHOUGHT Preston Holler
PLEDGEOFALLEGIANCE WebelosScout Troop894
APPROVALOFMINUTES
City Council Minutes -February 13,2018(p.8)


Mr. Macdonald moved to continue the approval of the February 13, 2018, and February 27,
2018, City Council meeting minutes until corrections could be made. 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. Mr.
Macdonald asked that the updated minutes include redline corrections.
MAYOR'SREPORT/ITEMSREFERREDBY COUNCIL
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments to Boards and Commissions
Mr. Spencer moved to reappoint Christine Alleman to the CARE Tax Advisory Commission,
and to appoint Katrina Bleyl to the Summerfest Advisory Commission. 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.
REPORT-Natural ResourcesStewardship Committee
Christian Kirkham, City Planner, introduced Sara Bateman, Quin Meacham, Darren Hawkins
with the Natural Resources Stewardship Committee (NRSC). Ms. Bateman, the NRSC Chair,
said the committee was created on June 21, 2016. The Committee's first meeting was in January
2017. She explained that the Committee was comprised of five volunteer citizens. She noted
that City Planner, Christian Kirkham, was the City Liaison to the NRSC. She also noted that last
year Cheryl Vargas and Brent Sumner represented the City Council on the NRSC.
Ms. Bateman next reviewed the following information from her presentation:
· Relevant affiliations of committee members
UVU Sustainability Committee/ Sustainability Day Committee
。
Utah Valley Clean Air Task Force
。
LDS Earth Stewardship, 501(c)(3), Vice President
Utah Recycling Alliance, 501 (c)(3), Vice President
Walden School of Liberal Arts, Outdoor Classroom Teacher
EAT Coalition of Utah County
Orem Bicycle Coalition
Free SWAP-Sharing We All Prosper, Founder
Relevant Lifestyle of CommitteeMembers
0Solid waste diversion:
Recycling (blue bin items and beyond)
Backyard composting
Avoiding disposables
o Transportation:
Biking
Trip-chaining
Energy-efficiency:
o
City Council Minutes -March 13, 2018(p.9)


Increasing home insulation, weather stripping
Shade trees to reduce cooling costs
o
Upgrading windows
Water and Food:
O
Efficient landscape irrigation
O
Gardening
Offering free local classes on low-space/low-water food growing
Open space: variety of outdoor recreational activities
Other:
o
Shopping secondhand/ shopping local
Repairing instead of buying new
O
Ms. Bateman then showed a slide featuring a collage of photos that illustrated what the members
of the Committee liked to do. Next she enumerated the entities with whom the Committee was
striving to develop working relationships:
 Building Internal and Community Partnerships
o Office of the City Manager
Public Works
Transportation Advisory Commission
Utah Valley University
Waste Management
0  Orem Community Hospital LiVe Well Gardens
Ms. Bateman next provided an overview of the initiatives with which the Committee had
participated during the year, as follows:
·Intermountain Sustainability Summit (17 March 2017, Weber State University)
0 Other attendees from Utah County included representatives from:
·Provo's Sustainability and Natural Resource Committee
·Utah Valley University
·Earth Day
oStudent Meme Contest (22 April 2017)
Tour of North Pointe Transfer Station (25 May 2017, Lindon, Utah)
O
Utah, https://utahrecycles.org)
·Touch-a-Truck (7 October 2017, Mountain View High School, Orem)
O Committee members helped facilitate Waste Management's recycling relay
games, where guests tested their knowledge of what common household waste
can go in the blue recycling bin. This event was immensely popular!
Proclamation of Sustainability Day (10 October 2017, Orem City Council Chambers)
citizens to do their part in helping protect and preserve our natural resources for
future generations."
Utah Valley University Sustainability Day (25 October 2017, Utah Valley University)
0 Orem saved $51,107 per month with smart energy technology
OOrem had created 39.85 miles of bike lanes
City Council Minutes -Fcbruary 13,2018 (p.10)


o Orem parks were being retrofitted with smart sensors to conserve water
automatically
All street lights in Orem were now LED
Orem owned 360 solar panels on a solar farm that help power City buildings
Orem was replacing its retired vehicles with hybrid and electric models
By 2019, all Orem homes would have smart H2O meter technology, including
O
real-time data to help save residents water & money
Garbage/Recycling Audit by UVU  Environmental Management Service  Learning
Students (7 November 2017, Orem Fitness Center)
O Audit results: Approximately 50% of the Fitness Center waste currently sent to
the landfill could, in theory, be diverted through reduction and recycling.
Utah Valley University Social Innovation Challenge (6 December 2017, Utah Valley
University)
2017 Topic: Clear the air. Help solve Utah's air quality problem.
 Three-minute videos pitched ideas to reduce pollutants in the Utah County.
。
0NRSC Chair and City liaison served on the panel of judges.
LDS Earth Stewardship Invitational (7 December 2017, J. Reuben Clark Law School,
Brigham Young University, Provo)
OJournalist Florence Williams discussed her latest book:
The Nature Fix: Why Nature Makes Us Happier, Healthier, and More Creative
· Committee Webpage on orem.org
0orem.org/sustainability
Current and FutureInitiatives
 Air quality data collection at local elementary school
Water-wise landscaping ordinance project with BYU students
Support Public Works on water conservation education
Support the City, TAC, and the Orem Bicycle Coalition on CycleFest
Support Orem Community Hospital's LiVe Well Gardens in honoring fruit and
vegetable gardens grown in Orem
Mayor Brunst thanked the Committee for their service and the important work they were doing.
He noted that reduce, reuse, and recycle was a great way to preserve the environment and
minimize the need for landfills.
Ms. Bateman gave an overview of how she personally strived to minimize the garbage she sent
to the landfill. Mr. Lentz complimented this Committee to collaborate with other committees
and commissions in the City to look for opportunities to partner with others.
Mrs. Lauret asked if the Committee members were aware of the City's PurpleAir sensors. Ms.
Bateman replied in the affirmative and indicated that she had learned about that project while the
Committee started doing an air quality/car idling research project at Geneva Elementary. As a
follow-up to the project, parents were going to be encouraged to turn off their cars while they
waitedfortheirstudents.
Mayor Brunst said it would make for an interesting control group-experimental study at one
school. Mr. Seastrand said it was fun to see the UVU students get engaged and increase
City Council Minutes - March 13, 2018 (p.11)


awareness of environmental issues. He noted that Ms. Bateman was one of the judges at the
UVU competition and she did a great job, along with Mr. Kirkham.
Mr. Macdonald suggested that certain members of the audience be made aware that agenda item
16 would be continued so that they didn't feel they needed to stay longer at the meeting. Mayor
Brunst accordingly made that announcement.
ANNUALREPORT--OremJusticeCourt-JudgeReedParkin
Judge Reed Parkin thanked the City Council for the opportunity to present to them and he
thanked the City Council Members for their service to the community.
Judge Parkin began his presentation by providing some historical background of the Orem
Justice Court:
·Background:
Operations began in September 2010
City petitioned the Judicial Council to create a court
First paperless court in Utah
One Court Administrator/Clerk of the Court
Six full-time and part-time clerks
One Judge
Judge Parkin next provided a statistical summary of the work carried out at the Orem Justice
Court. He noted that the statistics came from criminal filings by the City Prosecution Team,
traffic filings, and small claims filings. He subdivided his statistical analysis as follows:
·Statistics Over the Years
0Criminal
○Traffic
0Small Claims
He provided statistical data indicating the total cases filed for criminal, traffic, and small claims
showed that the total number of claims from 2011 to 2017 ranged from a low of 11,775 in 2015
to a high of 16,697 in 2014. The filings for 2017 were 16,243.
Judge Parkin next broke down the numbers by the three different types of filings, beginning with
traffic fillings. The numbers ranged from a low of 9,765 in 2015 to a high of 14,633 in 2014.
The traffic filings for 2017 were 13,958.  Judge Parkin noted that traffic cases were high
throughout the State, but they didn't occupy a lot of the court time.
In response to a question from Mayor Brunst as to how many people contested their traffic
tickets, Judge Parkin stated that he did not have those specific numbers on hand, but he estimated
that each week there were about eighty to 1o0 traffic cases that were contested. They typically
met with the prosecutor and resolved the issue out of court. Consequently, he said there were
fourtofivetrafficbenchtrialseachweek.
Criminal cases filed were next reviewed. They ranged from a low of 1,268 in 2015 to a high of
1,715 in 2017. Judge Parkin said that the criminal filings were smaller than the other filings. He
added that the most difficult cases were the ones involving domestic violence assaults, DUIs,
City Council Minutes - February 13, 2018 (p.12)


retail theft, simple possession type charges, and City Ordinance violations. Unlike the traffic
cases, however, Judge Parkin said that more criminal cases were challenged, so they were very
time-consuming for the Court.
In response to a question from Mr. Macdonald as to whether or not the City prosecuted cyber-
crimes and identity theft, Judge Parkin said those crimes did not fall within the jurisdiction of the
Justice Court. Instead, they were handled at the District Court.
Judge Parkin then reviewed the number of small claims filed. They ranged from a high of 1,097
in 2011 to a low of 570 in 2017. Judge Parkin noted that small claims filings were by far the
smallest number of cases in the court each year. Small claims lawsuits had to be for $11,000 or
less. He said there were fewer filings this year than any previous year because of State statute
changes, particularly with regard to payday lending agencies. He added that filings were down
nationally, as well, because of efforts to dispute resolutions such as mediation or arbitration.
Judge Parkin then summarized the revenue generated by the Orem Justice Court. He explained
that there was a difference between the funds collected and the funds retained by the City. He
then reviewed a slide labeled as Climate, which he summarized as follows:
·Clerks of the Court
o Low turnover rate
0Professional and Capable
· Clerk of the Court/Administrator
0Jody Thenot-Professional and Capable
Balances the needs of the Court and City
Great respect and relationship/Well regarded
O
Mrs. Lauret noted that the criminal cases for the past year were higher than they had been over
the past several years. She then asked Judge Parkin if he knew the factor(s) to which that
statistic could be attributed. Judge Parkin said the court didn't control case load; instead, it was
a matter of law enforcement, which fell under the Executive Branch of City Government. He
surmised it was because of an increase in crime. He explained that traffic cases were only
minimally touched by the Judge. However, criminal cases required a lot of time and attention by
the City Prosecutors and the Judge.
Mr. Seastrand questioned whether the staffing level made it possible for the cases to be moved
through in a relatively quick manner. Judge Parkin said that the current clerk staffing was
appropriate to keep up. However, the Court had felt a greater impact because of the rising filings
of criminal cases. He noted that the City's prosecution team had also felt the added load, as well.
For example, the Wednesday before this meeting, there were 133 cases on Court's calendar. To
get through that many cases in a workday required that each item be handled quickly. Judge
Parkin also noted that the pre-trial conference times for prosecutors were also packed and over-
scheduled; so much so, clerk staff members were having a hard time to even get lunch in the
middle of the day.
Mr. Lentz asked whether or not the temporary judges to be appointed would help with the case
load. Judge Parkin said that they could fill in either capacity; however, they were typically used
when the Judge was going to be gone, which was known in advance. He added that the alternate
City Council Minutes - March 13, 2018 (p.13)


judges were also used for conflict of interest cases or for an unanticipated illness. The alternate
judges were rarely used. It was noted that the City Council would be approving a list of judges
who could serve as alternate judges when the need arose.
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.
Therewerenopersonal appearances.
CONSENTITEMS
RESOLUTION - Appointment of temporary judges to serve on the Orem Justice Court
Utah Code Section 78A-7-208 allowed the City Council to appoint temporary judges to serve on
      s  s      g
was absent or had a conflict of interest. A temporary justice court judge could be any senior
justice court judge, or a justice court judge currently holding office within the judicial district or
in an adjacent county.
The following individuals were presented to serve as temporary judges in the Orem Municipal
Justice Court:
·Vernon Romney
Sherlynn Fenstermaker
Scott Cullimore
Randy Birch
?
Kelly Schaeffer-Bullock
?
Scott Mickelson
●Brook Sessions
Mr. Seastrand moved, by resolution, to appoint temporary judges to serve on the Orem Justice
Court. 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.
SCHEDULEDITEMS
CONTINUED ITEM - SLU Codes in M1 and M2 zones
ORDINANCE - Amending Appendix *A' of the Orem City Code by changing Standard
Land Use Codes 4850 (solid waste disposal) and 5193 (scrap and waste materials) from
"Permitted" to "Not-Permitted" uses in the M1 and M2 zones
City Council Minutes - February 13, 2018 (p.14)


In light of recent events, Staff recommended that this item be continued.
Mayor Brunst moved to continue to this item to the March 27, 2018, City Council meeting at
  s   a    s   d 
Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The
motion passed unanimously.
6:00 P.M. PUBLIC HEARING -2017 Water Conservation Plan
RESOLUTION - Adopting the 2017 Water Conservation Plan as required by Utah State
Code73-10-32
Chris Tschirki, Public Works Director, presented a recommendation that the City Council, by
resolution, adopt the 2017 Water Conservation Plan. Mr. Tschirki noted that he and his staff
were looking forward to working with the Natural Resources Stewardship Committee and the
Orem Beautification Commission on further implementing water conservation methods, plans,
and perhaps implementing new City Ordinances with the Planning Department to further this
effort.
Mr. Tschirki explained that by State Code 73-10-32, all water conservancy districts and retail
water providers were required to update their water conservation plans at least every five years
and present it to the City Council. The 2017 Water Conservation Plan was prepared by staff. He
next explained that the main measurable objective was to decrease the overall Gallons Per Capita
over time in GPCPD usage. As expected, he noted that outdoor watering practices and weather
conditions had a large impact on water usage. Through education and citizen participation, the
City of Orem could improve water conservation throughout the City.
Neal Winterton, the Water Resources Manager, next made a PowerPoint presentation. He
explained that the components of the plan included the following items:
1. Description of Orem City and its water system
2. Water challenges andconservationgoals
3. Current conservation practices
4. Currentwaterrates
5. Additionalconservationmeasures
Mr. Winterton noted that the GPCPD in 2012 was 296; however, that number went down to 254
in 2017.
Mr. Lentz asked what was measured in that year versus the ten-year average. He then asked if
the 2017 figure would become the new standard. Mr. Winterton said he thought there would be
a yearly decrease. He then clarified that the 2012 number did not represent an overall increase;
instead, he corrected the population number. Therefore, when the numerator changed, the
numbers were bumped up. He corrected some assumptions he had made when he got new
census data. He stated that he was pleased that the downward trend had continued after he had
modified the population data. He then stated that the weather was one of the biggest factors
affecting water consumption, particularly the outdoor watering practices.  Eliminating the
anomaly from 1970, there has been a downward trend since 1960. Mr. Winterton said that the
State was well pleased with the City's plans and with what the City was currently doing to meet
City Council Minutes - March 13, 2018 (p.15)


its goals. With regards to what possibly happened in 1970, Mr. Winterton said it might have
been a mechanical failure on the part of the measuring device.
Mr. Lentz's asked whether the downward trend was the result of a conscious effort to conserve
or more people sharing the common grass area in higher density housing. Mr. Winterton said
both could play a factor. He added that the core development in Orem was single-family
housing, and the water data came primarily from the single-family homes. He believed that the
conscious effort encouraged by the “slow-the-flow" campaign. Mr. Tschirki added that there
were improvements in water fixtures, such as irrigation systems, toilets, and valves in homes, all
of which were being used more that would facilitate the downward trend. Mr. Winterton pointed
out that the City's data came from source meters, not the individual home meters. Therefore,
there could be some loss caused by waterline leaks. The City had increased its efforts to reduce
leaks in waterlines.
Mayor Brunst said that was a significant percentage reduction. Mr. Winterton said that the City
had achieved a very good downward trend from 2012 to the present. He clarified that the
individual year was not as important to him as the ten-year average was because there could be
Mr. Winterton next explained that the Water Conservation Plan was based on goals and efforts.
He then used the 2012 goals as the frame of reference for the 2017 goals.
Goal #1 was to reduce the GPCPD by at least five percent in five years and fifteen percent in ten
years. Mr. Tschirki added that with the Beautification Advisory Commission and the Natural
Resources Stewardship Committee, along with an increase in the City budget for public outreach
and education, the City could also influence those conservation efforts from the outside through
public education campaigns to promote wise water use.
Goal #2 was to develop an effective conservation-oriented water pricing structure. The City had
met that goal since it was originally set by putting in place a water pricing structure that met the
standards set forth by the State Legislature. The goal was to continue to implement the 2016
Water Master Plan and the Financial Plan's Published Rates.
Goal #3 in 2012 was to replace all old meters with new meters within five years. He noted that
in 2017 that goal would continue to be in place, and he was confident it would be met. Mr.
Tschirki observed that since the City's founding in 1919, there had never been a formalized
water meter replacement plan, but in the 2016 Master Plan, that objective was adopted.
Goal #4 in 2012 was to perform a Water Loss Study within two years. That goal was met last
Goal #5 in 2012 was to develop and implement an effective water reuse plan. He said that such a
plan had been developed and is being implemented. He said that the first phase would be
implemented at Lakeside Sports Park and the Links at Sleepy Ridge Golf Course, using tertiary
water that would be prepared at the waste treatment facility.
City Council Minutes-February13,2018(p.16)


Finally, Goal #6 was to increase public education regarding water conservation. Even though
this was not a statistically measurable goal, Mr. Winterton opined that it was still a valuable goal
to have.
Mayor Brunst observed that the Links at Sleepy Ridge used about one million gallons of water
per day during peak use. They were using culinary water from the water tanks on the northwest
part of Orem. Therefore, this change would affect a huge savings of culinary water by using
reuse water. He then asked what the Lakeside Sports Park used per day. Mr. Winterton said that
it used about 800,000 gallons per day. Mayor Brunst then noted that the reuse would afford huge
water savings to the City's water supply. Mr. Tschirki said this change would delay the needed
transmission, lines as well. Additionally the size of the water line could be reduced.
Mr. Winterton noted that conservation education was taking place at the elementary schools and
was very well received by the students. He added that the water meters would be read remotely;
consequently, apps would be used to further educate the public on their own water consumption.
Mayor Brunst opened public hearing. There were no public comments. Mayor Brunst closed the
public hearing.
Mr. Lentz moved, by resolution, to adopt the 2017 Water Conservation Plan as required by Utah
State Code 73-10-32. 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 - Storm Water Master Plan Update
RESOLUTION - Adopting the 2018 Storm Water Master Plan (a revision of the 2016
StormWaterMasterPlan)
Chris Tschirki, the Director of the Public Works Department, recommended that the City
Council, by resolution, adopt the 2018 Storm Water Master Plan prepared by Bowen, Collins &
Associates, Inc. (BCA).
Mr. Tschirki explained that the 2016 Storm Water Master Plan was first adopted on January 26,
2016, by the City Council. He was returning to the City Council with a revised Storm Water
Master Plan because about a year later the West Union Canal Company (WUCC) was looking to
get out of the canal business. That announcement had a significant impact on the 2016 Storm
Water Master Plan because the City of Orem participated with the WUCC to maintain and
operate that canal because the City had storm water that went into that canal. As a result of
WUCC's decision, the City of Orem needed to look at a new plan to develop new ideas and
solutions to convey the storm water by updating the Master Plan and pending Impact Facilities
Fee Plan (IFFP) immediately. The IFFP was critical in producing the recommended Impact Fee
Analysis (IFA) and subsequent Storm Water Impact Fee.
Mr. Tschirki explained that in 2017, the WUCC completed a study to evaluate the structural
integrity of the canal and potential liabilities. The results of the study showed there was
considerable risk of a canal failure, especially where the canal was located on the side of a hill
above developed properties. The liability associated with the deteriorating condition of its canal
ultimately forced the WUCC to end its historic operations in the canal.
City Council Minutes - March 13, 2018 (p.17)


The WUCC approached the City to take over the operations and maintenance of the canal, but
City staff agreed with the findings of the study and determined it was unwilling to accept the
liability that would come with continued use of the canal. The cost to resolve this concern was
too great. Yet, the City's responsibility to manage storm water in the area remained. Thus, the
recently adopted plan to manage the City's storm water in that area needed to be revised to plan
for abandonment of the canal wherever practical.
Because the City was starting a process to create impact fees, it was determined it would be best
to immediately revise the plan to reflect this major change. The revised plan would identify new
projects needed to handle the storm water flows in the most concerning areas and reprioritize the
projects identified in the 2016 master plan.
Staff worked with BCA, which was the same engineering firm contracted to create the 2016
master plan, to update the plan to accommodate abandonment of the West Union Canal.
The primary changes to the plan addressed the storm water flows associated with the canal
abandonment as listed below:
Adding a pipe system to collect storm water in the south-east corner of Orem between
State Street, University Parkway and the Provo City boundaries;
Installation of a large pipe to convey storm water south down State Street to the Provo
River;
Expanding an existing detention basin at 424 East 2000 South that collects storm water
west of State Street and east of 350 East;
gravity flow to other storm water facilities.
The estimated costs for the City to abandon the canal were:
Collecting storm water in SE Orem $1,014,000
State Street pipe $1,646,000
Improvements to detention basin $1,764,000
TOTAL
$4,424,000
No recommendation was being made to change the rate schedule that was approved when the
plan was adopted in 2016. Rather, the reprioritized projects would be delayed by approximately
three years to address this pressing issue.
    n    a    
representatives were present.
In response to the question if WUCC owned any of the property along the canal, Mr. Tschirki
said portions were owned in the form of deeded property or dedicated easements. He said that a
portion of the alignment ran through the River Bottoms area in Provo. When that alignment was
changed, it had to be piped, which meant that a formal easement dedication to the Canal
Company had to be implemented. Otherwise, Mr. Tschirki estimated that about ninety percent
of the right-of-way was obtained through a prescriptive right.
City Council Minutes-February13,2018(p.18)


In response to Mr. Seastrand question as to what would become of the property that was owned
and deeded, Mr. Tschirki said it would be reverted unless it was used as a canal. The West
Smith Ditch Company would continue to use the right-of-way on the east side of Orem from the
point of diversion to the University Parkway. In response to Mr. Seastrand's question regarding
the disposition of the portion that was not used, Mr. Tschirki said that he and his staff did not
know for sure what would happen. The majority shareholders had determined that they were
going to pull out of the company and change the point of diversion to a different location and use
the water for municipal and industrial use. The two primary companies that had bought shares of
the company were the Central Utah Water Conservancy District and Jordan Valley Water
Conservancy District. Consequently the water would change from an agricultural purpose to a
municipal and industrial purpose. In response to Mr. Seastrand's question if they could just
leave or vacate a canal, or if they would have to fill it in, Mr. Tschirki said he did not know the
answers to those questions. He and his staff had consulted with the attorneys regarding that very
question. He explained that as long as there were shareholders that needed that water and by
right were entitled to that water, the company would have to exist in some form, but it would not
exist as it had in years past.  The active shareholders would retain the full obligation,
responsibility, and liability to maintain and operate that canal after the majority shareholders left
the company.
Mrs. Lauret asked about the liability, and whether or not there would be an insurance policy in
the event of claims.  Mr. Tschirki said that the obligation would rest with the remaining
shareholders. If there was a problem, it would result in a private lawsuit or a claim against the
company itself.
Mayor Brunst asked if the water came from Provo River, to which Mr. Tschirki replied in the
affirmative. He noted that the point of diversion was at about 750 North in Orem, but the point
was actually in Provo.
Mayor Brunst opened the public hearing. There were no public comments. Mayor Brunst closed
the public hearing.
Mr. Macdonald moved, by resolution, to adopt the 2018 Storm Water Master Plan (a revision of
the 2016 Storm Water Master Plan) prepared by Bowen, Collins & Associates, Inc. (BCA). 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
Therewereno CommunicationItems.
CITYMANAGERINFORMATIONITEMS
Mr. Davidson had no items to share with the Council.
City Council Minutes - March 13, 2018 (p.19)


ADJOURNTOCLOSED-DOORMEETING-DiscussionofPendingorReasonably
Imminent LitigationPursuant toUtahCodeSection52-4-205(1)(c)
Mr.Seastrand moved to adjourn to Room #107 for a closed-door meeting pursuant to Utah Code
Section 52-4-205(1)(c) for a discussion of pending or reasonablyimminent litigation.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.
Themeetingadjourned at7:21p.m.
OREM
CITYOF
CORPORATE
SEAL
aDluBato
JoD'AhnBates,CityRecorder
Approved:May8,2018
CityCouncilMinutes-Fcbruary13,2018（p.20)