City Council · 2018-08-28

 
City Council Minutes – August 28, 2018 (p.1)  
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
CITY OF OREM 
CITY COUNCIL MEETING 
56 North State Street Orem, Utah 
August 28, 2018 
 
4:00 P.M. WORK SESSION – CITY COUNCIL CONFERENCE ROOM 
 
CONDUCTING 
Mayor Richard F. Brunst  
 
ELECTED OFFICIALS 
Debby Lauret, Tom Macdonald, Mark Seastrand, David 
Spencer, and Brent Sumner 
 
APPOINTED STAFF 
Jamie Davidson, City Manager; Brenn Bybee, Assistant 
City Manager; Steven Downs, Assistant City Manager; 
Greg Stephens, City Attorney; Karl Hirst, Recreation 
Department Director; Bill Bell, Development Services 
Director; Scott Gurney, Fire Department Director; Gary 
Giles, Police Department Director; Charlene Crozier, 
Library Director; Chris Tschirki, Public Works Director; 
Jason Adamson, Risk Manager; Jason Bench, Planning 
Division Manager; Kirby Snideman, Long Range Planner; 
Ryan Clark, Economic Development Director; Kathi 
Beckett, Economic Development Analyst; Kena Mathews, 
CDBG/CNS Programming; and Jackie Lambert, Deputy 
City Recorder 
 
EXCUSED 
Councilman Sam Lentz 
 
 
DISCUSSION – Dowdle Portrait Review 
Mr. Clark and Ms. Beckett shared a draft of the Orem Centennial Celebration portrait with the 
City Council and staff. Mr. Clark excused representatives from the Dowdle Folk Art 
organization who could not make the meeting, but Mr. Clark reiterated their message that this 
was a draft and was not available for public viewing. He continued that a previously discussed 
list of “must have” items and other suggestions from the City Council were provided to Mr. 
Dowdle for the creation of the portrait. Mr. Clark emphasized that it was important to allow for 
the artist to take the lead on the balance and composition of the work of art. The draft was shared 
so the City could provide feedback. 
 
The City Council and staff reviewed the draft and provided feedback to Mr. Clark and Ms. 
Beckett. Mr. Clark reminded the City Council to keep the artist’s vision and deadlines in mind. 
 
 
PRESENTATION – General Plan Exhibit: 2018 Orem Moderate-Income Housing Study 
Mr. Snideman shared the Orem Moderate-Income Housing Study, which outlined existing 
conditions in Orem, as well as presented options and strategies that the City Council could 
explore in the coming years. He reviewed information about the affordability challenges facing 



 
City Council Minutes – August 28, 2018 (p.2) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
the community, and factors that were driving up the costs of housing in Utah. Data showed that 
in this decade new households were exceeding the number of housing units available. Mr. 
Snideman said the biggest economic driver of the short supply and high demand was 
reproduction, which was to say that large families continued to grow and want to stay in the area. 
He said there was a misconception that the shortage of housing would keep people from moving 
into area, but more and more people were living in accessory apartments and squeezing as many 
people in as possible. This situation created a lot of equity in existing homes, but was hurting 
people’s children and grandchildren that wanted to stay and grow in Orem but could not afford to 
do so. 
 
Mr. Snideman reviewed Orem’s history of zoning for all stages of life, allowing for new growth 
and development. This history of inclusion was why Orem was higher than the state average in 
mixes of housing types. The study would examine best practices in other cities of similar size 
and in our community to explore options to help address this regional issue. He said there were 
things the City could do to ease some of the burden of increasing affordability challenges, 
including being less restrictive in some zoning requirements. 
 
There was discussion with City Council and staff about the following: 
 Smaller homes on smaller lots 
 Modular homes 
 Community land trusts 
 HOA requirements 
 Inclusionary zoning 
 
Mayor Brunst suggested the possibility of incentivizing senior residents to rent living space with 
other senior residents. Mr. Bench said they did have a provision in place allowing the renting of 
space to an individual that was 65 years old or older without designating that as certified 
accessory apartment. 
 
Mr. Davidson said strong neighborhoods came from inclusion and a diverse mix of housing 
options and residents. He cautioned against designating areas for certain types of housing which 
could lead to feelings of segregation or the creation of areas labeled as “projects”. There would 
need to be an effort to reach out and educate the public, because historically the ideas or 
suggested solutions they were discussing had not been embraced by the citizenry. The mentality 
behind “Not in my backyard” (NIMBY) pushback was prevalent. Mr. Davidson said they were 
approaching the requirement of including the Moderate-Income Housing to the General Plan in a 
thoughtful way, trying to assess ways to make things better. This was not intended to create 
controversy, but to generate solutions for a complex issue. 
 
Mr. Snideman said they were updating the City’s Land Use Map to accommodate for the State 
Street District zones. These would allow for strategic growth in the City as outlined in the 
adopted State Street Master Plan.  
 
There was a suggestion to reach out to state legislators on this issue. Mr. Davidson said the hope 
was to avoid a statewide mandate that would cost the City money without expressly addressing 
Orem issues. This was a good faith effort on the part of the City to actively address the growing 
needs. 



 
City Council Minutes – August 28, 2018 (p.3)  
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
 
 
5:00 P.M. STUDY SESSION – CITY COUNCIL CONFERENCE ROOM 
 
CONDUCTING 
Mayor Richard F. Brunst  
 
ELECTED OFFICIALS 
Debby Lauret, Tom Macdonald, Mark Seastrand, David 
Spencer, and Brent Sumner 
 
APPOINTED STAFF 
Jamie Davidson, City Manager; Brenn Bybee, Assistant 
City Manager; Steven Downs, Assistant City Manager; 
Greg Stephens, City Attorney; Karl Hirst, Recreation 
Department Director; Bill Bell, Development Services 
Director; Scott Gurney, Fire Department Director; Gary 
Giles, Police Department Director; Charlene Crozier, 
Library Director; Chris Tschirki, Public Works Director; 
Jason Adamson, Risk Manager; Jason Bench, Planning 
Division Manager; Kirby Snideman, Long Range Planner; 
Ryan Clark, Economic Development Director; Kathi 
Beckett, Economic Development Analyst; D. Jacob 
Summers, City Prosecutor; Jonathan Ditto, Assistant City 
Attorney; Kena Mathews, CDBG/CNS Programming; and 
Jackie Lambert, Deputy City Recorder 
 
EXCUSED 
Councilman Sam Lentz 
 
Preview Upcoming Agenda Items 
Staff presented a preview of upcoming agenda items. Mayor Brunst reviewed the Upcoming 
Events as listed in the agenda packet. 
 
Agenda Review 
The City Council and staff reviewed the items on the agenda.  
 
City Council New Business  
While discussing the Moderate-Income Housing Study Mr. Snideman mentioned that the St. 
Francis of Assisi Church had offered their location to hold a public outreach meeting. Mayor 
Brunst said he was regularly contacted with noise complaints regarding parties or events at that 
church, and asked what could be done to address the issue. Chief Giles said there were noise 
ordinances in place, and he would speak with his officers regarding complaints at that location. 
 
The City Council then adjourned at 5:55 p.m. to the City Council Chambers for their regular 
meeting.  
 
 



 
City Council Minutes – August 28, 2018 (p.4) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
6:00 P.M. REGULAR SESSION – COUNCIL CHAMBERS 
 
CONDUCTING 
Mayor Richard F. Brunst  
 
ELECTED OFFICIALS 
Debby Lauret, Tom Macdonald, Mark Seastrand, David 
Spencer, and Brent Sumner 
 
APPOINTED STAFF 
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; Jason Bench, Planning Division Manager; Kirby 
Snideman, Long Range Planner; Steve Earl, Deputy City 
Attorney; D. Jacob Summers, City Prosecutor; Jonathan 
Ditto, 
Assistant 
City 
Attorney; 
Pete 
Wolfley, 
Communications Specialist; and Jackie Lambert, Deputy 
City Recorder 
 
EXCUSED 
Councilman Sam Lentz 
 
 
INVOCATION /  
INSPIRATIONAL THOUGHT 
Conner Scoubes 
PLEDGE OF ALLEGIANCE 
Brennan Hicken 
 
 
APPROVAL OF MINUTES 
 
There were no minutes ready for approval. 
 
 
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 
 
Upcoming Events 
Mayor Brunst reviewed the upcoming events, as listed in the agenda packet. 
 
 
CITY MANAGER APPOINTMENTS 
 
Appointments to Boards and Commissions 
Mr. Davidson said Carl Cook currently served on the Planning Commission, and was eligible for 
reappointment. He asked for the advice and consent of the Council to reappoint Carl Cook. 
 



 
City Council Minutes – August 28, 2018 (p.5)  
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
Mr. Macdonald moved to give the Council’s advice and consent for the reappointment of Carl 
Cook to the Planning Commission. Mrs. Lauret seconded the motion. Those voting aye: 
Richard F. Brunst, Debby Lauret, Tom Macdonald, Mark Seastrand, David Spencer, and Brent 
Sumner. The motion passed. 
 
 
PERSONAL APPEARANCES 
 
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. 
 
Grant Holdaway said he had lived in the Orem/Vineyard area for 87 years, farming 160 acres of 
land and running a nursery in Vineyard. He said Utah had been in draught conditions for many 
years and he was concerned about the excessive use of water at the Lakeside Sports Park and 
Vineyard Elementary. Mr. Holdaway mentioned his friend Denise Devynck who taught 
Permaculture Design classes to teach landowners how to catch rainwater and passively flow it 
through gardens and farm land. These systems once established would need no irrigation but 
exist only on rain. He asked the City Council to consider visiting Ms. Devynck’s Food Forest 
Garden classroom and learn about water conservation. He felt these principles could be taught to 
Orem residents to help preserve this natural resource for future generations. 
 
Chris Romrell said he lived south of the Wiggy Wash car wash, almost directly in line with the 
blowers. He said he was pleased to learn that a sound study was being conducted, but when Mr. 
Lentz forwarded the results of that study he found he had concerns. Mr. Romrell was concerned 
that the measurement locations had only been for properties directly south, not east or west, 
which he felt the broader field would give a better baseline of data. Mr. Romrell said his last 
concern was that average decibel readings were not the same as peak decibel readings, and 
estimates were not the same as actual measured decibels; this study seemed to focus on average 
estimates. 
 
Ryan Brown said he lived east of the Wiggy Wash car wash, and he was a recording engineer. 
He had done some of his own recordings, and had some of the same concerns Mr. Romrell had 
when he read through the sound study findings. Estimates for how much noise the proposed wall 
would reduce was about 3 decibels on average, an amount that only a highly trained ear would be 
able to perceive. In his opinion, the wall would hardly make a difference. Mr. Brown was also 
concerned that measurements were not taken at appropriate heights. He said there was a 
difference in the acceptable levels of noise in a commercial area versus a residential area, and the 
current levels constituted a nuisance. 
 
 
SCHEDULED ITEMS 
 
ORDINANCE – Enacting Article 25-13 of the Orem City Code pertaining to Small 
Wireless Facilities 
 



 
City Council Minutes – August 28, 2018 (p.6) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
Mr. Earl presented information regarding the request to enact Article 25-13 of the Orem City 
Code pertaining to Small Wireless Facilities to comply with state and federal laws. He said the 
Utah Legislature had passed S.B. 189, which allowed for these small wireless facilities to be 
installed in city rights of way. The purpose of these small wireless facilities was to enhance 5G 
connections and data capacity for wireless users. He reviewed the definition of a small wireless 
facility as compared to large wireless facilities (cell towers). 
 
Mr. Earl said wireless providers would to enter into a Master License Agreement with the City, 
and pay a rate no more than the greater of 3.5% of all gross revenue related to the providers use 
or $250 annual for each Site License. 
 
There was continued discussion between the City Council and staff regarding: 
 City rights of way and location options 
 Fee amounts and recurrence 
 Discretionary use and permitted use 
 Co-location options including maximum number of small wireless facilities in the same 
location 
 Wireless provider proprietary fiber infrastructure  
 Potential of connection to UTOPIA fiber 
 Design standards  
 
Mr. Earl said that the City Council had the discretion to deny the application for a small wireless 
facility if it did not meet the criteria set in the Master License Agreement. In response to Mr. 
Seastrand’s question, Mr. Earl said the agreement required that wireless providers document the 
revenues of their site to ensure proper payment amounts. 
 
Mr. Earl said Utah law allowed them to enact design standards, including options to integrate 
into existing architecture like utility poles. Mayor Brunst had some concerns about the look of 
the antenna when attached to light poles. He did not want current Washington- and Memphis-
style poles mixed around, looking vastly different. Mr. Earl and Mr. Davidson reassured him that 
the designs would stay consistent with poles already in place, and the inclusion of the antenna 
would not be a dramatic change in the poles’ look. 
 
Mr. Macdonald moved, by ordinance, to enact Article 25-13 of the Orem City Code pertaining 
to Small Wireless Facilities including the changes discussed. Mr. Spencer seconded. Those 
voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Mark Seastrand, David Spencer, 
and Brent Sumner. The motion passed. 
 
 
 
6:00 P.M. PUBLIC HEARING – Baxter Gardens Rezone Request 
ORDINANCE – Amending Section 22-5-3(A) and the Zoning Map of the City of Orem by 
rezoning the property at 195 East 1600 North from the R8 zone to the PRD zone and 
amending Appendix KK by adding the Baxter Gardens Concept Plan 
 
Mr. Bench invited applicant Cindy Baxter Cox to come forward. He then reviewed the request to 
rezone the property to a PRD. The intention was for three twin-home units to be built on the 



 
City Council Minutes – August 28, 2018 (p.7)  
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
property, which would constitute of density ration of 3.64 units per acre. The typical single-
family density was four units per acre, so this would not be considered high density. Mr. Bench 
shared aerial maps and proposed concept plans. 
 
Mrs. Lauret said she lived in this area and heard many of the concerns of the neighbors, 
including the project’s density, heights, and fear of being forced to vacate and sell property. Mr. 
Bench reiterated that the density was below that of the surrounding neighborhood and that 
heights would have to match PRD and neighborhood standards. The proposal had a height of 30 
feet, while typical single-family developments could go to 35 feet. Ms. Cox said they had no 
intention of taking over anyone else’s property; this rezone pertained only to the land left to the 
family trust after the recent passing of her father. 
 
The City Council had questions about how the project would be accessed, and the proposed cul-
de-sac. Mr. Bench said the property would need the partial cul-de-sac to allow residents and city 
service vehicles access. The cul-de-sac could be completed in the future, when the Gowans’ 
property was ready for that. Mr. Macdonald asked about the potential widening of 1600 North in 
the future. Mr. Bench said the setbacks would be sufficient for 1600 North to widen. 
 
There was continued discussion between the City Council and staff regarding:  
 PRD conditions and HOA requirements including landscaping 
 Selling vs. renting of units  
 Size and costs of units 
 Accessory apartments 
 The Baxter Family Trust and trustees 
 Northridge Elementary and property boundaries 
 
Ms. Cox said the trustees’ felt this was the best use of this land, for them and the City. The 
intention was to sell the units, not rent them. Mr. Bench added that HOA requirements were part 
of the PRD, and should the rezone be approved the site plan would go through the process for 
Planning Commission approval. 
 
Mayor Brunst opened the public hearing. 
 
Esther Baxter, a beneficiary of the Baxter Trust, said this had caused much contention within 
their family. She said other Baxter children had wanted to buy their father’s home, but the cost 
had been too great. She felt this just needed to be over. 
 
Doug Foster asked if there was any provision keeping the units from becoming rentals, which 
was a main concern of the neighborhood. He felt single-family homes tended to be more stable 
with tenants, whereas renting tenants were more transient. Mr. Seastrand said people could move 
in and out of single-family homes too, so he was not sure he saw the big difference. Mr. Foster 
said that was true, but he had seen too much over the years. 
 
Floyd Gowans said he lived immediately west of the project property, and his brother Fred 
Gowans owned the property to the northwest of him. He said to his knowledge not even one 
neighbor was in support of the proposal. Mr. Gowans said that at his age it was not likely he 



 
City Council Minutes – August 28, 2018 (p.8) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
would be around much longer, and proposed that the City should purchase the property owned 
by he and his brother, and then have the City grant to them a life estate. He was not sure about 
the legality of building where there was not a road. Mr. Bench restated the proposal included a 
roadway with a cul-de-sac.  
 
A resident who failed to identify herself spoke about concerns that 1600 North would become an 
area of high density. She was worried that if the zoning was changed now, in the future the units 
could become rentals. Mr. Bench said rezoning the property to a family PRD would have 
definitive requirements regarding density. It would only change if someone else went through the 
process of rezoning. 
 
Robert Farr said he appreciated that it was hard to feel supportive of a proposal that was still so 
ambiguous. He asked if things could be required, like design and materials standards as well as 
fencing. He was also concerned about an incomplete cul-de-sac, additional traffic, and 
requirements for an HOA. 
 
Shawn Baxter, a beneficiary of the Baxter Trust, said he was unclear on the purpose of the 
rezone and the future and costs of the development project. He said he was kept out of the loop 
and wanted to know more information about those things. Mayor Brunst said the City Council 
did not know that information, and Mr. Baxter would need to privately discuss that with the other 
members of the Baxter Trust. 
 
Julene Reynolds Hansgen said she was concerned about the traffic issues the addition of these 
units would cause, particularly around Timpanogos High School. She said they took pride in 
their neighborhood and did not want multi-family housing there; they wanted it to stay single-
family units. She had previously spoken against this, and was still very much opposed to the 
proposal. 
 
Nancy Jeffries said she had lived in her home for 39 years and was also concerned about the 
traffic. She said a developer named Michael Coles wanted to put four single-family homes on the 
property, instead of multi-unit buildings. She said Mr. Coles had tried to speak to the Baxters, 
but no progress was made. Ms. Jeffries said Mr. Coles could not be in attendance, but she wanted 
to speak on his behalf. She was concerned that the Baxter trustees were just looking for the 
maximum benefit of the investment, not the best interest of the neighborhood. She also wanted 
the cul-de-sac to be finished, if the rezone were to go forward. 
 
Jared Wilkes said he lived near the proposed rezone, and felt the whole process had shown a lack 
of interest in the community. The Baxter trustees did not live in the area, so they were not 
invested in what happened there in the future. He felt they did not have the best interests of the 
community at heart, and shared Ms. Jeffries concerns that this was about the money. Mr. Wilkes 
said there was confusion about the public meetings for the neighborhood. Many opinions were 
not expressed at the first meeting that would have been expressed if it had been clearer. He was 
disappointed that there was not more outreach to the neighborhood. Mr. Wilkes said the 
neighbors and the City wanted good standards to be maintained, and he was concerned about the 
period during construction and preserving those standards.   
 
Fred Gowans outlined the boundaries of his property, and referred to his concerns with the 
proposed concept plan. He said he did not like the proposed changes, and was frustrated about 



 
City Council Minutes – August 28, 2018 (p.9)  
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
the potential threat to his property. Mayor Brunst said the current discussion was simply 
regarding the zone change, and concept and site plans would be discussed only after that rezone 
took place. 
 
Ralph Zobell said he had lived in Orem for 30 years. He said many other property owners on 
1600 North were concerned about this rezone potentially setting a precedent for the other four 
lots. 
 
Mayor Brunst closed the public hearing.  
 
Mrs. Lauret said she was sensitive to the neighborhood anxieties. She felt that the City and the 
Baxter trustees had worked together to find the best solutions to make this proposal win-win. The 
PRD requirements would mitigate many of the neighbor’s concerns because the control 
mechanisms were built in.  
 
There was additional discussion about finishing the cul-de-sac, HOA and landscaping 
requirements, and future owners or developers of the property. There were further questions 
about the Baxter Trust and potential issues affecting the development of the property. 
 
Ms. Cox said she had not realized that the family’s personal issues would be used as a deciding 
factor in whether or not to approve the zone change. Her brother was the trustee, and there was 
enough money to develop their land. She said the property had been for sale for a while, but most 
of the requests were for a de-valued price and she did not feel anyone would want to sell their 
property below what it was worth. Ms. Cox said that they did care what happened to this land, 
even if they were not Orem residents. This proposal developed the empty lot with a tasteful 
development that would enhance the neighborhood. In response to the concern over the 
neighborhood meeting, Ms. Cox said it was held with proper notification and several neighbors 
were in attendance. The second meeting referred to was the Planning Commission, making this 
evening’s discussion the third meeting. 
 
Mr. Stephens stated that it was not the City’s role to adjudicate the trust, but they had been 
provided sufficient documentation showing that Ms. Cox and her brother had the authority to act 
on behalf of the trust. 
 
Mr. Bench said the sidewalk on the east would connect to the park by Northridge Elementary. He 
spoke more to the development of the cul-de-sac. There was concern about requiring the cul-de-
sac to be completed initially and then portions removed as redevelopment took place. Mr. 
Davidson said that would not fairly distribute the responsibility and costs of that, which should 
be shared. He also pointed out that a portion of the cul-de-sac was on the Gowan’s properties, 
and they were not required to relinquish control of any of their property. 
 
Mayor Brunst moved, by ordinance, to amend Section 22-5-3(A) and the Zoning Map of the 
City of Orem by rezoning the property at 195 East 1600 North from the R8 zone to the PRD 
zone and amend Appendix KK by adding the Baxter Gardens Concept Plan. Mr. Seastrand 
seconded the motion, adding that the concept plan should be changed to include the sidewalk 
discussed. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Mark 
Seastrand, David Spencer, and Brent Sumner. The motion passed. 



 
City Council Minutes – August 28, 2018 (p.10) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
 
 
6:00 P.M. PUBLIC HEARING  
ORDINANCE – Adopting the 2018 Orem City General Plan and appendices, which 
updates the 2011 General Plan, bringing the General Plan into alignment with the master 
plans that have been completed after 2011 
 
Mr. Snideman reviewed the proposal to adopt the 2018 Orem City General Plan and Appendices 
to include updates and new master plans that had been approved since the last General Plan 
update was completed in 2011. He shared information from previous presentations, and 
reminded the City Council that this would update the land use map. This allowed for the new 
zoning and inclusion of future district plans. 
 
Mayor Brunst asked where this information could be accessed by the public. He also asked if he 
could be provided data showing the total land area in Orem that involved mixed use district. Mr. 
Snideman said all the information regarding the 2018 General Plan was available on the City’s 
webpage, and that he would look into the data request and provide that information to the Mayor 
and Council. 
 
Mayor Brunst then opened the public hearing. No one came forward to comment, so Mayor 
Brunst closed the public hearing. 
 
Mr. Seastrand moved, by ordinance, to adopt the 2018 Orem City General Plan and appendices, 
which updated the 2011 General Plan, bringing the General Plan into alignment with the master 
plans that have been completed after 2011. Mrs. Lauret seconded. Those voting aye: Richard F. 
Brunst, Debby Lauret, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The 
motion passed. 
 
 
RESOLUTION – Fence Modification for Wiggy Wash Car Wash at 220 West Center Street 
in the C2 Zone 
 
Mr. Bench invited applicant Brent Wignall to come forward to answer questions. Mr. Bench then 
reviewed the request, saying this had been scheduled for previous City Council meetings but had 
been continued to allow for Mr. Wignall to complete a sound study before consideration. Mr. 
Bench said the previous proposal had been to include a 50 foot wide fence that was 10 feet high, 
and after the sound study the proposal had expanded to consider a 100 foot wide fence that was 
12 feet high. Orem City Code did not have a set decibel level number that needed to be met, but 
the sound study was compared to the ordinances from seven cities and two counties in the area. 
Provo City’s number was 65 decibels. 
 
Mr. Wignall said that even though the sound study was not a legal requirement, he had 
commissioned the sound study as part of a good faith effort to work with the neighbors. Now that 
the results came back showing that his business was in acceptable range according to Provo 
City’s specific requirement, the neighbors were still unhappy. Mr. Wignall said this was a locally 
owned business, not a big corporation, and the cost of building either sized wall would be 
significant. He had already paid top dollar for his property, and gone through the process of how 
to build his business. He was frustrated at the thought of spending more for a wall that was not 



 
City Council Minutes – August 28, 2018 (p.11)   
A complete video of the meeting can be found at www.orem.org/meetings 
 
required of him. He felt like the target kept moving, and he was frustrated trying to hit it. 
 
There was continued discussion between the City Council and staff regarding:  
 Car wash tunnel length and speed 
 Alternate tunnel exit options  
 Setbacks and materials for the proposed wall 
 Costs of each wall proposal 
 Fan/equipment modifications 
 Orem vs. other entity’s code regarding sound 
 
Mr. Bench showed examples of the wall built at the Quick Quack Car Wash in Spanish Fork to 
mitigate the noise to neighbors. There was some discussion as to whether a wall would abate 
enough noise to justify the costs.  
 
Mr. Macdonald reminded them that the hours of Wiggy Wash were typically 7:00 a.m. through 
9:00 p.m. He understood the frustrations of the neighbors and Mr. Wignall, and thanked Mr. 
Wignall for his willingness to look at this issue. Mr. Spencer said the reality was that the wall 
was not required, but they hoped to find a reasonable solution for all parties.  
 
Mr. Wignall and Mr. Davidson discussed the reasoning behind the orientation of the car wash, in 
particular the ingress and egress on Center Street. Mr. Davidson said the City Council needed to 
identify the “target” so that Mr. Wignall and all that were involved knew what they were aiming 
for. Mr. Wignall suggested the possibility of a match contribution from the City if the wall was 
the solution moving forward. 
 
Mr. Seastrand said his gut feeling was that even the proposals discussed tonight were not the 
ultimate solution, and he suggested that further discussion and study take place before any kind 
of vote. 
 
Mayor Brunst moved to continue the discussion to the City Council Meeting scheduled for 
October 9, 2018. Mr. Seastrand seconded the motion. Those voting aye: Richard F. Brunst, 
Debby Lauret, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion 
passed. 
 
 
ORDINANCE – Amending Chapter 11 of the Orem City Code to provide enhanced 
administrative enforcement options for nuisance violations 
 
Mr. Summers and Mr. Ditto reviewed the proposed changes to Chapter 11 of the Orem City 
Code. Mr. Ditto specified that these changes were in regards to property nuisance. 
 
Mr. Summers said the ordinance as it stood currently required the Neighborhood Preservation 
Unit (NPU) officers to utilize the voluntary correction agreement, which tied officers’ hands 
when trying to move forward. With the proposed changes, NPU officers could allow for the 
deadline to pass and then move forward with an administrative order to do a forced abatement. 



 
City Council Minutes – August 28, 2018 (p.12) 
 
 
A complete video of the meeting can be found at www.orem.org/meetings 
This allowed the City to come back and recoup some of the costs, and provided another avenue 
NPU officers could use. 
 
Mr. Ditto said that from their previous discussion they had changed some of the information 
regarding the costs per day and the cap of a nuisance fee. Instead of imposing a cap, and daily 
fees amounting to $100, they would remove the cap and charge $50 per day for as long as it took 
for the nuisance to be addressed. Discussion continued on the fine amounts. 
 
When asked who would be required to pay those fines, Mr. Summers said it would be the 
“responsible persons” and the NPU officer would have discretion to assign that fee. If there was 
no remedial action before the deadline, an administrative summons would be served. The 
“responsible persons” would then go before an Administrative Law Judge who would hear the 
evidence and issue an order. Mr. Summers said that most often, an administrative law judge 
would be a city attorney from a different municipality who had the background to understand 
municipal laws. This would provide due process through a neutral arbiter. 
 
Mr. Ditto said this was a better solution than the status quo, as it would shorten the length of time 
each process would take. Mr. Summers added that it would reduce the standard of proof in the 
criminal justice system and be more administrative.  
 
Mr. Summers said there were some costs associated with these changes. Mr. Davidson said some 
money had been set aside for those costs, but in the short term the city would have to front the 
costs to forcefully abate. Mr. Summers said that some cases would be more difficult than others, 
and they would still have the criminal justice system as a possible solution. The hope was to give 
the NPU officers more tools in how they could address property nuisance issues, and quicker 
resolutions to those issues. 
 
Mr. Sumner asked if this would address accessory apartments. Mr. Ditto said that was not 
addressed in this change, as that was mostly a zoning issue, but that was something that could be 
looked at in the future. Mr. Summers said the majority of Chapter 11 would remain unchanged. 
 
Mayor Brunst moved, by ordinance, to amend Chapter 11 of the Orem City Code to provide 
enhanced administrative enforcement options for nuisance violations. Mrs. Lauret seconded the 
motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Mark Seastrand, 
David Spencer, and Brent Sumner. The motion passed. 
 
 
COMMUNICATION ITEMS 
 
The Monthly Financial Summary for June 2018 was included in the packets distributed to the 
Council. 
 
 
CITY MANAGER INFORMATION ITEMS 
 
Mr. Davidson said the UVX line had begun its service, and UTA was encouraged with what they 
were seeing so far. They expected ridership to increase as time went on. He said there had even 
been comments about running a BRT line down State Street, which was positive feedback. This 



 
City Council Minutes – August 28, 2018 (p.13)   
A complete video of the meeting can be found at www.orem.org/meetings 
 
had been over a decade in the making, and they were pleased with the response thus far. Mr. 
Seastrand added that they had already seen slight improvement in the parking situation at UVU, 
and hoped that would continue. 
 
Mr. Bybee mentioned updating an interlocal agreement with Alpine School District regarding 
fees and facility usage needs. They would continue to have discussions with Alpine School 
District. 
 
Mr. Davidson said a voter information pamphlet was required to address the two Orem questions 
on the ballot for the upcoming General Election on November 6, 2018. For those interested in 
expressing a “for” or “against” argument for either proposal, they needed to contact City 
Recorder Jody Bates by September 4, 2018.  
 
Mayor Brunst said the Utah County Commission opted not to include the ¼ cent tax issue on the 
2018 ballot for timing and deadline reasons; it would likely be considered next year. 
 
 
ADJOURNMENT 
 
Mayor Brunst moved to adjourn the meeting. Mr. Spencer seconded the motion. Those voting 
aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Mark Seastrand, David Spencer, and 
Brent Sumner. The motion passed.  
 
The meeting adjourned at 9:08 p.m. 
 
 
 
 
 
 
 
 
 
 
JoD’Ann Bates, City Recorder 
 
Approved: September 11, 2018