City Council · 2019-04-09

I know I have a question.

Mark, are you ready?

All right, well, we would like to invite everyone out to our meeting today.

Awesome.

Brent Sumner will not be here. He's in either Las Vegas or St. George, one of the two. And Tom's gonna be a little bit late. But let's go ahead and get started. And we'll start with our discussion on the continued participation in the Utah Valley Home Consortium. And Daniel Gonzalez will present. I don't know where Kenneth Joe is. Oh, there you are.

Okay. This is Dan Gonzalez. I think you know him. He actually runs the federal programs for the City of Provo, and he runs the Utah Valley Consortium, and we're part of that as part of our home funds that we receive from the federal government. And he's just going to talk to you today about renewing that commitment to the consortium. Good to have you here.

Thank you, thank you.

Hello everyone.

I'm just going to dive right into it.

Sure.

Give you a little introduction to what the HOME program is. This is a program that was created by the federal government to assist states and local communities in creating affordable housing. The full name of the program is the Home Investment Partnerships Program. So it's intended to bring partners to the mix to extend and leverage the funding that the federal government can provide. It's created to allow communities to needs with affordable housing. And it can help build capacity. Funding from the program can help build capacity between these partners and helps mobilize the communities. These are part of the things, the elements that are looked at when when funds are allocated. It's not an all-inclusive list, but it looks at these type of things in the community. In the county of Utah, the only— and I don't know if this is a reason to be proud of, but the only locality or government that qualifies to receive a direct allocation from HUD is the city of Provo. I'll talk— I'll come back to this in a minute. The way that they anticipate the funding be used is separated into these different things. We have the ability to use up to 10% for administration costs. We can use 5%, as I mentioned, to build capacity for organizations that are interested in assisting with creating affordable housing. And then the green part is what's used for the different projects. There is a caveat. You're familiar with CDBG. CDBG provides up to 15% of that grant to use for public services. In the HOME program, all the funding is used just for affordable housing for pretty much brick-and-mortar projects. But it has a requirement that at least, at least 50% of the funding must be allocated to what they consider a community housing development organization. This is a local organization that partners to build housing, to build, manage, Yeah, affordable housing. In the county, we have 3, the acronym is CHODO. We have 3 CHODOs. Habitat for Humanity is one of them. Self-Help Homes, or Rural Housing Development Corporation, is another one. And NeighborWorks Provo, or Neighborhood Housing Services, is the third organization that helps us with that. And I'm gonna kinda skip this a little bit to get to what the consortium is. Again, Provo is the only entity that qualifies in Utah County to receive an allocation direct from HUD. However, this program allows for the opportunity to have different communities that are contiguous from each other to join the consortium. All the other cities that do not receive a direct allocation from HUD could go to the state and request funding. Every state receives an allocation. And so every other community could go and present a project or whatever their needs are and get funding from the state. However, with the creation of the consortium, cities can enter into this agreement. And Where the funding then comes directly to the locality rather than having to go to the state. Through this agreement, we look at the goals and the plans as a bigger community, and we're able to deliver services, to allocate the funds. One of the entities that is part of the consortium must act as the lead entity. A consortium in Utah County, in Montego County, has been in place for the last about 20, 25 years. The composition of the consortium has changed somewhat. At the very beginning, it was 8 different cities and the county. And the county. unincorporated part of Utah County. But in 2011, Utah County applied and received designation as an urban county to receive CDBG funding, and that automatically changed the composition of the consortium. Cities that received a direct entitlement of CDBG funds can join the consortium independently. Cities that join Utah County are benefited by Utah County being a member of the consortium. So currently the members of the consortium is Utah County, Lehi, Orem, and Provo. And again, these 3 cities, Lehi, Orem, and Provo, receive a direct allocation from CDBG, and that's why they joined separately to the consortium. There are a few localities that have not entered into that agreement with Utah County to receive CDBG funding. And so they have the ability, if they choose, to be part of the consortium. I guess that's what I was talking about there. Again, for the last however many years the consortium has been created, Provo has been the lead entity. The consortium needs to be renewed every 3 years. And HUD requires that we prepare everything 1 year prior to when the agreement actually takes place so that we can be part of the allocation process for the funding that will be allocated the following year. As the lead entity, Provo accepts all responsibility to act in front of HUD and to to be fiscally responsible for the funds, make sure that all the requirements are met. And part of it is developing a consolidated plan, which you guys have to do for your CDBG. We just work together, and the last few months, year and a half or so, we have been able to work a little more closely with those entitlement communities in Utah County.

Thank you.

All right. An average of the allocation that is brought into the consortium from HUD is about $1.3 million. From different projects or programs that we have, the funding goes out sometimes as a loan. For example, we have a down payment assistance program. Throughout the county, Provo City as well. And we also work with these 3 CHODAs that I mentioned, also with housing authorities, both Provo City and the Utah County Housing Authority. And the funds provided to them, most of the time, 99.9% of the time, is in the form of a loan. So when those funds come back, they are considered program income. And so, on average, every year we receive about $665,000 in addition to the entitlement from program income, and we use all of that to allocate for programs for the following year. Currently, the type of programs or projects that we have been using or for which we have been allocating funding have to do with homeowner acquisition. New construction, rental acquisition, new construction down payment assistance, tenant-based rental assistance for special populations, and rehabilitation for homeownership.

Yes. Maybe you'll talk about this later. Do you have a breakdown as far as what percentage of those funds goes to each one of those categories?

Yes.

Oh, those categories.

Yeah.

Or just kind of a ballpark.

Yeah.

These are the top 1 or 2, or—

It depends from year to year. But a lot of the funding goes to homeownership acquisition. The last couple of years we have funded for rental acquisition under construction. I'll show you some projects. I'll give you some— a better idea of how that is. So typically how the construction works is very similar to CDBG. We're on the same calendar. We receive applications. This last go-around, we received applications in February. They were reviewed by an advisory board in March. And in a few weeks, we'll come to you and the other consortium members for an approval on what the projects will be. This is one of the most popular programs in— for the consortium is the down payment assistance program. This is for the last, let's see, about 10 years I think. This is how many loans have been made in the different cities. over time. Invested approximately about $1.3 million is what it is.

So can you explain the loan-to-own down payment assistance? Is there a percentage? Is there a maximum amount?

Do you know that? Yes.

Yes.

I'm hesitating a little bit. I'm going to talk about the new program rather than the old program.

Okay.

That's fine. A transition to a change.

Okay.

So families that qualify in a certain—

Income range?

Income range can apply for funding. And one of the things that we look at besides the income is the purchase price of the home. We recently were successful in requesting to HUD to set our own maximum purchase price.

Which is?

HUD designated it at $281,000, but now it's $330,600. Now, that doesn't mean that families, typically because of their income, cannot qualify for that much, but it gives them the opportunity for a wider range of homes.

And then how much are they allowed to borrow?

They will be able to get up to 20%. of the purchase of the home up to $40,000. It's how it would go. The program requires that we use a needs-based system, so we look at their income, we look at how much money they're putting in, and what are the costs of the housing and other Debt that they may have, and from there calculate how much they would need to bridge the gap.

And during that loan, does this assume a second position then?

This is a second mortgage. It's a quiet loan, a silent loan. It's deferred and they don't have to make any payments.

Do they have to divulge it?

There is a deed that is recorded, so there's a lien on it.

So yes, uh, you were just saying it's a silent loan, but—

Silent because they don't have to make payments on it.

Okay.

Um, it's called a silent second. That's what we call them.

Right.

And the trigger for payment is when they no longer live in the house, um, because they either sold it or because they moved out or wanted to rent it.

That's when they would have to And how do you let people know about this?

About the program itself? We communicate with the different cities and try to every so often have information on their newsletters about the program. We also communicate with real estate agents and mortgage companies. About 3 or 4 times a year we go to Oh, that is cool. Many of the resources have for education.

And do you know what the income level is?

Excuse me?

Do you know what the income level is? You gave us the half.

For a family of 4 right now, the maximum is about $55,000. It depends on the number of household members.

Sure.

Up or down from there.

Okay.

So this is one of the projects that was done. This is for special needs housing. Persons that are disabled physically or mentally are able to come in here. This is administered by the Housing Authority of Utah County. It's located in Lindon. Rosewood is a senior citizen housing facility. Also constructed and administered by the Housing Authority of Utah County. It's in American Fork. This one is here in Orem. It's also a senior citizen housing facility, also from the Housing Authority of Utah County. There's several of them, Housing Authority. One more, this is in Spring Lake. It was previously used as—

A school.

For farm— individuals that farmed, but now it's converted to low-income housing or affordable housing. This is a project that the Provo City Housing Authority constructed. It's about 500 south and 500 east— sorry, west of Provo.

West.

Right next to the 2 homes that Habitat also built. This program is a Crown program, meaning credits to own. So the families living here are leasing, renting right now, with credit to own the property within 15 or 20 years, depending on the agreement.

Okay, you know what, I came in a bit late, but may I ask you a question? On the senior homes, do you just offer like a lower interest rate, which makes it easier for the developer to do it?

You don't require as much down payment, is that the nature of your program?

We don't deal with the senior citizens. We deal with housing authority to build the property, and then they administer the property.

Okay, you don't own it.

Somebody else owns it.

No, correct.

But it's not a developer, it's an entity, a governmental entity?

In these cases, a housing authority. Thank you.

Yeah.

Can you go back to the Crown one there for just a minute? So the rent-to-own, is the payment much lower than They would get out on the market? Is that the advantage of it?

Yes, yes, that's part of it. And they also, it also, kind of similar to what Habitat does, the housing authority holds the mortgage.

And the quality of living requirements are lower for the family that's—

As far as credit-wise, yes.

You know, these projects, the payment can be different based on income, right? Right, yeah, so people—

They're rarely done, these projects.

So Mayor—

I know, I've just seen this one. It's a nice project.

The individuals, their payments are based on what they actually make, so people may have different payment levels within the project.

Sure.

But that's a beautiful project.

Yeah. Yeah. This is another project that Provo City has an authority to adopt on.

That was very good.

It used to be a school. now for senior citizens, apartments for senior citizens. Around this property, Self-Help Homes built 12 homes that are affordable. The program is similar to Habitat. Habitat focuses more on those that earn 50% of the area median income and less. Self-Help Homes looks at up to 80%, which is part of the requirement with Habitat.

So they went to school there, and then they get to live there as senior citizens.

Yes. This is another project in Orem. Willow Cove is specifically for victims of domestic violence. This is a project that Habitat did in Provo. To the left is how it was before. This is called Taylor Homes. And after Habitat finished with it, that's how it looks like. And it was actually a historic project to preserve the home. There's a few other projects, another one for the Provo City Housing Authority. Next to this one, well, this one is— sorry.

No, no, you're fine.

Cascade Gardens is another project. This— the Catholic church, St. Francis, used to be here in this area. Somebody was talking about, do we deal with for-profit? This was a deal that we did with Georgetown. Georgetown Developments, I think that's what it's called. John Destor.

Right.

where the old Action Target used to be, and we built— or he built 57 townhomes that we were able to deal with land and costs there to facilitate building property. This one is another senior citizen project. This one is in Springville, City View, a very old This is a project here in Orem. There's actually 3 properties that were built by Habitat. And this is the latest in the rental housing, the senior citizens projects. And this is on American Fork, Pacific Drive.

So, questions?

Then one other Orem project in the process right now is on Geneva Road.

Correct.

5 single-family homes that we allocated some CDBG money to.

HOME was a big contributor to that project as well.

Right, we're working with Habitat.

So the only question I have is the future. Where are you going? Where are you allocating your funds? What city? What kind of homes?

Um, okay, let me see if I can get to that.

Oh, this is your computer, not mine.

That's my computer.

So one point to make here is that we have a representative from our So each city that's in the consortium has a representative as part of the commission. So I serve— or Stephen, and now I serve as part of that commission. So we, we look to allocate those funds.

So we have—

we are asking to do that.

Great, but can you answer what— where the direction is at the moment? So seniors, disabled, low income?

This, this time was mostly Affordable housing related.

For this year, the funds have been allocated— so we're working with $1.3 million as an estimate. We haven't received the actual funding from HUD yet. And we are funding a little over $1 million to Self-Help Homes, who are building another project in We're also allocating about $300,000 to the loan-to-loan program and the Pueblo City Downpayment Assistance Program.

I would imagine that access to real estate is a real struggle in this area. So are you seeing an increasing trend of using these monies outside of— not obviously through the consortium, but Outside of Orem in relation to the consortium, just because the cost of ground is so expensive here?

Because of cost and availability. So yes, that's also because we also want to spread affordable housing rather than having it concentrated in either Provo or Orem. And so yes.

But I guess the reason I asked that question, I kind of assumed that that would be the answer, I would think that the value of participating in this program is if we were to try and do something on our own, we really wouldn't have the means to do much. But, you know, if we collectively work on stuff, 2 or 3 years may, you know, maybe the year of Salem, and then it may be the year of American Fork, and then it may be the year of Pleasant Grove. But then ultimately Orem will benefit, and we can do things Based on that relationship, you know, once every 4 or 5 years that we couldn't do every year with Orem-specific money. So I, I'm assuming as a council you may be asking, well, what's the return on investment for Orem specifically by participating in this home program? And I guess my hope would be that the response would be somewhat of— I think it's a great program. Well, you can do more every once in a while than you can independent of everybody else on an annual basis.

Exactly. And that's one of the great benefits of having the consortium. Because otherwise, again, we'd have to be dealing with the state, and that's a whole different thing. So doing it this way, over the years there have been times where we focus on Let's do this project here, let's put this project there. And so among the practitioners and the communities, there's sort of a gentleman's agreement to give that opportunity a priority.

I'd say in addition to that, none of our cities are islands in the sense that addressing affordable housing for this area isn't like an Orem-specific problem that we need to address here within our city limits only. I would like that we kind of work together and figure out solutions that take all that into account and plan collectively as a group as opposed to, you know, isolated.

Right.

And we, you know, Kenna's sitting on it for now. Obviously your retreat in January talked about affordable housing being something you really want to focus on. Applications were due the next month. But as we look and identify whether it's land or homes, if there's a project or an area that we really think there's an opportunity, we can Make some specific requests and try to be, you know, have a request into this process so that we can ask specifically for a home that we think ought to be renovated or a piece of land that we have that maybe could become a senior housing type project.

So what you're saying is it's opportunity-driven?

Yeah, we have opportunities to participate with specific projects if there's ones that we've identified.

Like this year we allocated, well, another, I think, $150,000 to that project on Geneva Road.

Right.

So, you know, to help get some of those houses going as well.

Yeah. The HUD creates a formula and it actually assigns a percentage of what we're receiving to each participating member. But historically, we pretty much pool everything together. But just so you know, for your information, for this current year, The allocation was $1.5 million. Of that, 20% was allocated for Orem, or $295,000. Lehi had 6%, about $86,000. Utah County had 32%, or $481,000. And Provo had 43% with about $651,000. So, Besides pooling and looking for opportunities, if one of the consortium members has a project that they just want to do, they have the ability to pool that percentage and set it aside for a specific project. However, based on the different percentages, it works better to work together.

Yeah.

To have more of a piece of the pie than less.

One other thing is all the nonprofit developers or the nonprofits that are working together, oftentimes we will meet prior— well, they will meet prior to this application process. And, you know, so self-help homes will say, hey, we have this really cool project. Hey, Habitat, can you wait a year on your project? And so there's all this negotiation that actually goes on prior to even an allocation of process because these affordable housing developers are working very well together, and that's always gone very well.

Yeah.

Do you have a question?

So I know the Rosewood project in American Fork was mostly financed by the Bank of American Fork. Is there any local lenders that you're using in our neck of the woods?

Any local what?

The lenders, because I know the Bank of BAF did the Rosewood one.

Do we use— we don't use particular lenders or specific lenders. Through the down payment assistance program, the beneficiaries go and find a mortgage company and we work with them to be able to—

So you don't have a partner here?

We don't have specific companies we work with. We try to keep it open.

Yeah.

So is Oren represented by Kenna or Steven and/or both?

Medium right now. Okay.

Got it.

Yes.

We even approve the down payment loans. So they— those— the ones in the loan-to-own program, that is— we are the loan committee. So that is sent to us and we're the ones that make that determination as well.

That's a pretty great program. I mean, that's a big hurdle for people trying to get into a home, getting past the down payment. So that's excellent.

Do we have any other questions?

So I guess the next step— so this would need to be a public hearing, right, in a future date. Do you know when you'll be bringing that? I know there's a little bit of time. It's not next meeting likely, but—

Right, uh, probably this week I will be forwarding the agreement to you guys and your council so you can look at it and have any— and look for the other members as well. So typically it takes about a month or so.

The—

we will be coming back for We're hoping for a resolution to adopt the agreement somewhere in June, late June, early June. That's the hope.

And so since it's a public hearing, it won't be on a consent agenda, but our anticipation is to give a very short overview of what we just talked about and allow you to make that decision at the council meeting.

Is that fair?

Yes. What's the recommendation from staff? You've vetted this a lot more than we have.

Yeah, we don't— I mean, I'll let Kenna speak to it.

We've talked about it quite a bit, but—

Well, we, like Jamie said, I think there's a value in working together for affordable housing. And if we were to get our own funding, we would have to have our own program. So we would need more staff and everything else to do that.

So I think—

Which is what Provo's chosen to do, right?

Provo's just the lead on the consortium. So yeah, they're the ones that administer this funding.

Because we're not an entitlement city. There's a formula around that, and several years ago I guess Orem decided not to be, is what we know historically. We may relook at that someday, but right now we're not an entitlement city. We do have to go through a consortium or the state to get our funds.

And knowing that we still have access to this funding directly, I mean, we can still go in and say we want this money for our project. We could do that, but today what we discussed The value of working together. And again, we would have to add more staff, more capacity, and it doesn't make sense to have 2 cities side by side administering the same program.

That's our—

All right, well, thank you.

Appreciate you being here.

Okay, now we'll go to our most exciting report of the year, uh, our annual open meetings and ethics training. Greg Stevens is our presenter.

I'm glad to hear that you're all looking forward to it. If it feels like we do this every year—

We do.

That's true, we do, because it's required by state law. If it feels like we're doing it more often than once a year, we're not, but I apologize if it feels that way.

Why do you think there's not a lot of public engagement in this part? We don't see a lot of residents No, no, probably not.

I just wanted everybody to admire it for a minute.

Like, uh, hold on, I just gotta—

oh yeah, that's more interesting.

Yes.

Any questions about that before?

Is that the good example or the bad example?

Okay, so basically the policy behind the state law is that you're conducting the Business of the public, and everything we do should be open and transparent. First question is, what exactly is a meeting? So 3 things have to happen for it to be a meeting. There has to be a convening, which means that somebody calls you together to meet. Then there has to be a quorum, which is 4 or more of you. And then it has to be a topic that affects your jurisdiction, either a discussion or an action, but anything that you're entitled to act upon, that can be a meeting. Includes some of these non-traditional things: workshops, executive sessions, site visits, traveling tours. Those all count as meetings for the Open Meetings Act. A couple of things that it doesn't include are chance gatherings, social gatherings. One caveat about that, if we have, say, a social gathering like a city council Christmas party, say, and that would not be required to be noticed as a public meeting. But if during that party council members, for whatever reason, just started getting really frisky about talking about Utopia, say, and there's a lot of back and forth discussion about the appropriate course of action for UTOPIA, you could technically turn a social gathering into a meeting. So be careful about that.

So, Greg, Utah League of Cities and Towns, how do you classify that?

I haven't thought of that.

We don't notice it that I'm aware of. But we are all down there talking together.

But you're not talking in a formal sense.

But, and—

but I mean, we could be talking, 4 or 5 of us together.

I think the difference with the League would be, first of all, you're not convened to take action over something that they have governmental jurisdiction over. It's more of a lobbying organization. And then the second requirement for a meeting, which would be to have a quorum, you don't really have a quorum present. So, without having researched it, I don't think the League would be subject to the open meetings When you say quorum, there'll be more than 4 of us there.

So if we meet for lunch, for example, and we start discussing city issues, that's the question.

Yeah, so if you're talking about league meetings for training or something, I don't think that counts as a meeting. Again, though, you could turn something in that isn't a meeting, but for purposes of the Act, if you do start discussing city business and you have 4 of you present, Well, let's see, typically we might all eat lunch together, and we may talk about something in the city, I don't know. I would just advise you to be careful about that.

Okay.

I guess, if I may, my experience with that very thing is, for example, there'll be a session in the morning that talks about transparency, and some of that conversation bleeds over into Lunchtime conversation or something like that. So it's not, it's not necessarily an intent to have a conversation about— no decisions are made, no anything. It's just, this was an interesting session, or this is what stood out as I listened.

Right, and I think that's fine. Okay, general rule: all of our meetings are open to the public.

There are exceptions though for closed meetings.

You may recall, for a closed meeting we need several things. We have to have a 2/3 vote of the city council. You have to state the purpose or the reason why you want to have a closed meeting. It has to be done out of the city meeting, so, you know, we can't just call a closed meeting out of thin air. It has to be coming from—

The city council.

A regular open meeting, and the motion should state where we're holding the closed meeting. Some of the reasons we can have closed meetings, uh, just to discuss the character, professional competence, or physical or mental health of an individual. The most common example of that for our city would be the city manager evaluation. Certain types of strategy sessions, we often do it to discuss pending or reasonably imminent litigation. We can also use it to discuss purchases or sales of real property. One of the qualifications for that is we should be making a determination that if we discussed it in public, either we would be having to disclose close an appraisal, or we would be putting our bargaining position at a disadvantageous position. So I think in most cases those things would apply for property purchases and sales. Some other things, when we can close a meeting. One problem that cities often run into on closed meetings is the tendency To maybe deviate from the actual purpose of the closed meeting. So it's really important to stick to that one topic or 2 topics, whatever we state in the motion, limit the closed meeting to that, and then close it and get out. Don't start talking about other city business that has nothing to do with the closed meeting purpose. Okay, when can you not have a closed meeting? basically for any purpose that's not allowed, also to have any type of final action or decision.

Could you back up?

Yep.

To interview a person applying to fill an elected position, some years ago Mayor Washburn passed away and they interviewed someone. So I haven't been involved in this process. Were those all open? That process was all open?

I can't say they were, but I can say that I believe that some of these provisions in state law were address tomorrow.

Okay.

And things that happened tomorrow.

So if, if, if—

I can address it.

The discussions of where each candidate presented their, their 3 minutes and the resumes were all public.

That was all public.

That was all public. The council then met together and discussed and made this selection in And that's been changed?

Yes.

In other words, that wasn't required to be open before?

No, but now you have to have your discussion. So if John and Jane are both applying and I say I really like Jane and Mark says he likes John, then we finally get a 4-to-3 vote to see if we can get John or Jane, and that has to all be public?

Correct.

Thank you.

Not that I'm expecting that, but thank you for the education.

So, non-agenda items. Basically, in a regular open meeting, we're restricted to discussing things that are on the agenda. However, one exception to that is if a member of the public brings up a topic, the council can discuss it during the meeting, but you can't take any action on it. We could reschedule it for a different meeting if you wanted to take action on it, and then take action in that subsequent meeting. Okay, this is this is one that has really become a hot topic for cities. Electronic messages. So let's read exactly what the state law says: Nothing in this chapter shall be construed to restrict a member of the public body from transmitting an electronic message to other members of the public body at a time when the public body is not convened in an open meeting.

So.

One nice clarification with this, even if there are more— 4 or more of you, technically by state law, if it's not during a regular meeting, you can text each other, you can email each other regarding city business, and it's not considered to be a meeting. So those types of communications seem to be okay. What it doesn't specifically state, but one thing that city attorneys are worried about, is However, if you are texting during a meeting— well, first I would say this. If it involves the subject of the meeting, don't do it.

Okay?

Where it gets a little bit dicier is I know sometimes, maybe in other cities, not this one, there might be council members that kind of send snarky comments back and forth to each other during the meeting or have things that are totally unrelated. Hey, let's go out to get a burger after the meeting or whatever. Some of those things may not be violations of the Open Meetings Act, but we have to remember that they could still be subject to a grandma request, and sometimes that can be embarrassing. One example, a city to the north of us named Lehi, they had a citizen that would watch the city council videos.

Oh, no.

And note whenever the citizen thought a city council member was either texting or receiving something on their electronic device, would note the specific time when that was happening during the meeting, and then make a GRAMA request to acquire all of those communications. Now, as it turned out, and this ended up even going to the— being appealed to the records committee. So there were some of those messages that the records committee said, no, that's private, personal, you can't get that. So an example was one of the council members was making babysitting arrangements during the council meeting, and the records committee said, nah, that's not something you have to be disclosed— that has to be disclosed to grandma. But some of the other things that seem to be more related to the city, it's harder to keep those out. So Just be careful about those types of communications.

So, Greg, I've seen where a council member has been texting somebody in the crowd.

Yeah, that's also—

Discussing something that's happening on— with the council.

And anyway.

Yeah, not, not a good idea. I would advise not to do that. Okay, from electronic messages to electronic meetings.

Oh, go back.

There was a 3rd bullet above privacy.

Yeah, okay.

So I think, uh, everything we do with this I think has been fine. I don't have any issues with that. We have to have at least one council member present at the anchor location. The mayor just needs to make sure that whoever is participating, like, electronically can hear Hear what's going on and give them an opportunity to make comments and be a part of the discussion. And I think we do well at all that. General noticing requirements.

Oh, I went too far.

You may recall once a year we vote on the annual meeting schedule. That's required by state law. Then we have to give at least 24 hours notice of the agenda, the date, the time, and the place of the meeting. We post that at city offices, post it on the public notice website, and provide it to at least one local media correspondent. Emergency meetings— I can't recall the last time we've done one of these, but if there is a need to have an emergency meeting, there has to be an attempt to notify all council members. At least a majority of you have to approve them, which emergency meeting, and then we give the best notice practicable. City Council has the right to expel any person who is disorderly during the meeting. It requires a 2/3 vote. Often we have a police officer in attendance. If the police officer observes a crime being committed, the police officer would also have the ability to arrest someone. committed a crime during a council meeting without you having to do a 2/3 vote.

That's a platform motion. Yeah, I was going to say.

Okay, roll call votes. Anytime we have an ordinance, a resolution, an action which creates a liability against the city, that could be like something as simple as a motion to approve a contract where we're expending city funds. And also whenever requested by a council member. You can have a roll call vote. One thing that we've recently added by practice is for our consent calendar. We've been doing roll call votes just because there may be an ordinance or a resolution or a contract creating liability that is included within the consent calendar.

I have a quick question. I know when I attend Planning Commission, they don't do roll calls. Are they just suggesting because they're not officially adopting anything?

Is there a reason I think I'll suggest to them that they do that.

Okay.

See, that's on Brian's watch.

So the ethics laws, you know, I think most of this is common sense.

Craig, just before you go to ethics, There has been some discussion in the past about meeting minutes. And I know on occasion we've had conversations about, well, these minutes are not as specific or explicit enough, and so we need to, you know, amend them to include with great specificity everything that is said, who said it, so on and so forth. I just kind of, for the point of clarification, and given what's happened in recent years with, for example, video and audio recordings of meetings, my understanding and what we are operating under is not a verbatim court reporter kind of type of minutes, but rather a summary of actions taken, you know, potentially who spoke, the votes. Can you kind of speak to that?

Sure.

Because I think sometimes there's Concerned that we're not doing enough or we're doing too much?

Right. I actually think that the way our recorders are doing it now is very good. But basically, we have to have a brief summary of what happened in the meeting, including, like you say, who spoke. We need to include any electronic things that were included as part of a presentation. But it doesn't require a verbatim transcription of everything that happened. It doesn't necessarily capture every single thing that was said. It's just a brief summary of what happened so that someone could go perhaps back and listen to the complete tape if they wanted to. So moving on to ethics laws, basically a lot of this is common sense. The purpose is to avoid the appearance of impropriety or Avoid the fact of impropriety, I guess. It's interesting that state law seems to focus on a few things that are prohibited and then disclosing. But in state law, basically, if you disclose, you're okay to move on. City law states that you not only disclose, but you also recuse yourself if you have some type of conflict, and we'll get into some of those details. 3 things that are prohibited in state law: improper use of information, improper use of position, improper acceptance of gift.

Quickly go through those.

Oh, wrong direction. Improper use of information. So basically, if you get any information as a council member and you use that information, and you only receive the information because you are a council member, if you use it to further your personal economic interest, Or to secure special privileges or exemptions for yourself or others, you violated state law. So an example of that would be, let's say that because you're a city council member, you know that Amazon is planning on a particular site in Orem, or you know that the Church of Jesus Christ of Latter-day Saints is thinking of building a temple on a certain site in Orem, and you use that information to either say, buy a property for yourself or tell somebody, hey, you may— might want to buy some property in that area because I think you can make some money on it, that would be a violation of state ethics laws. Improper use of position, basically using your position to further your personal economic interests or to secure special privileges or exemptions for yourself or others. I'm not sure this is the best example, but it that was interesting to me. This was a mayor in Virginia. He was also the president of a bank. And it turned out that as part of his normal city responsibilities, he would say be approving a zone change that allowed a project to occur on a particular piece of property that the bank had a loan on. And there were other situations where he was involved in approving sales of city property to bank customers at less than fair market value. In any case, eventually he was charged criminally. He ended up pleading out. I think he only pled to one count, but he ended up resigning from hospice too.

Thank you. I'm gonna skip one. Steven says it's okay.

Okay, just as a reminder, in an election year, be careful not to use any city resources in your political campaigns. Oh, here's what I thought of. So improper acceptance of gift. Basically, in state law, there are 2 things that you have to watch out for. If the gift would tend to improperly influence a reasonable person in your position to depart from the faithful and impartial discharge of your public duties— that's a mouthful— or you know, or a reasonable person in your position should know under the circumstances, it's primarily for the purpose of rewarding you for official action taken. It is never that simple. So here's a common situation, and I'll use myself for this. I'm involved in— whenever the city hires an outside law firm, I'm involved in that decision-making process. Oftentimes these law firms will have very nice jazz tickets, and they will often say, and I think innocently enough, Hey, Greg, how would you like to use these Jazz tickets? We're not using them. If you don't use them, they're just going to go to waste. You know, the usual spiel. You've probably heard something similar.

I have.

If you go back to what's prohibited, you know, I could probably argue, well, that's not going to really cause me to change my opinion about anything or change the way— you know, I'm not going to hire them just because You can do that, but the careful— I think we have to be careful. It kind of looks like that, and I think we also have to ask our question— ask the question, why are they giving me this? Why are they offering this? Well, from their perspective, they want to at least create goodwill. They want to stay on good terms. Could that affect my decision? I don't know, but it seems like it's best to just avoid situations like that.

There's a large spectrum, right? You know, we could probably get tickets to the Little League game out here and watch a game, and then you get tickets on the 50-yard line for the Super Bowl, which are very expensive. So maybe if the Jazz are having a loser—

losing year, it's not ideal.

But we get invited, we get tickets, I think, to go to the Freedom Festival.

I don't know if we distribute those around among various council members or employees, we get tickets to go to various events. So I don't know where it is on that spectrum, right? Final Four tickets are more valuable than, you know, a regular season ticket. So I think your Jazz is probably, you know, it isn't a Little League game and it isn't, you know, but it isn't the Super Bowl either. So, you know, that's right kind of on the bubble.

There are some that clearly are over the bubble and some that are clearly well under the bubble.

So I don't—

I agree with that, and if you have any questions about it, we're happy to discuss your particular circumstances.

Is there a diminished— is there a value? If it's over $25 or $50, is there some line?

There is, actually.

$50. And jazz tickets, unless they're open bowl, are over $50.

They are.

And so if they're inviting you into their suite, you're probably over $50.

You probably are.

And then you have to say, okay.

But my safe harbor is it was only $45, right?

That's the safe harbor, yes.

Okay.

So I know Representative Mike McKell is working on some legislation this year to— I guess the state legislature had kind of shrunk what was acceptable for, you know, meals and things like that. And I think they were trying to run some legislation to apply that same kind of standard to local government officials as well.

Did that pass?

Is that still in process?

My understanding is that did not pass. I don't know that they had a negative vote on it, but it just didn't make it through the process.

That's my understanding too.

Can I just speak to the— you know, we do have, for example, relationships with vendors where we sponsor events and activities in the city, as you well know. For example, the Nora Miles is one of those where as part of our sponsorship relationship, we receive a number of tickets.

Yep.

What we have historically done is we have used those tickets for employee-type activities, so we make them available to employees for use, or we roll them into, for example, social media activities and campaigns for the general public. And so there's typically not a situation where For example, I'm keeping the VIP seats and all the other seats are going to the general public for contests or the other employees. Typically what happens is we just make them available for general circulation and use them for city purposes rather than for a specific personal benefit.

Okay.

So other things that are exceptions, publicly presented awards, bona fide loans, and political campaign contributions. So somebody might say to you, hey, you have to recuse yourself because this person donated to your political campaign. That's not true. That's not a violation of state law. People have a First Amendment right to support the political candidates that they want. And it goes without saying that they're probably going to support the ones that they think are going to vote in line with the way they feel about things. Okay, so those are the things that are prohibited by state law. Here are some things that state law doesn't prohibit as long as you disclose it. A transaction involving the city, if you receive or agree to receive compensation for a city assisting any person or business in a transaction involving the city. I would just say, as a council member, please don't do that.

I—

even if that's allowed by— if you disclose it, it just seems like a bad idea. Uh, if you're involved with a business regulated by the city, that could be as simple as a business that gets a business license from the city, go ahead and disclose it. When I say disclose it, if you go to the city recorder's office, Uh, pick up one of these sheets. It's very simple. You just fill out some information on it. I'm sure they can send it to you electronically or give you a hard copy, whichever you prefer. Uh, another thing that has to be disclosed is if you're involved with a company that does business with the city or you have a personal interest which creates a conflict between your personal interests and your public duties. So one of them that seems to be kind of borderline, UVU. I know several of you have, or some of you have ties to UVU. Is that a business regulated by the city, or is that an entity that does business with the city? I could probably make an argument that it's not, but I would also argue that it's not that hard to fill out a disclosure statement, and it's better to err on the safe side than This is a personal question, so it may not apply to others, and maybe I can take it offline if you think I should.

Until recently, I was an owner in some real estate project in Northeast Doral, in the park there. I've been bought out of that.

Do I—

can I quit recusing myself from stuff affecting that area?

I think you can, as long as you no longer have any An equity interest. Any financial interest in the project. So here's the city ordinance requirement. You may recall I said state law basically just requires you to disclose. City ordinance can also require you to recuse yourself. And so here's the standard for city recusal. If your official action requires you to take action that affects your direct financial or personal interest, If it's reasonably foreseeable that the decision will have an individualized material effect on your interest, you need to disclose the conflict and then disqualify yourself. Any questions on that? Violations of ethics laws can lead to criminal prosecution, removal from office, and it can void contracts that that were entered into it inappropriately. And this is just a chart kind of showing how the focus on state law seems to be disclosure, whereas with the city law, we also require recusal. Any questions?

Greg, can I just add that the law that you brought up, SAM, is— House Bill 64, Lobbyist Expenditure Amendments, and it relates to any activities that you as a local official have with a lobbyist. So, and it did pass.

Okay.

So what, what does kind of result is it obligates a lobbyist to make essentially a record of the engagement or the relationship of the contact that he or she has had with you. And I think it applies also to people like me, but it doesn't extend throughout the entire organization. So it's tied specifically to elected officials or appointed officials within the organization.

And is that specific to somebody who's registered with the state as a lobbyist?

Yes.

So they have to file certain disclosures. And so do we just— do we file anything on that too? I was gonna say, how do we know who's lobbying us? Well, it's, it's on them to do that.

Or is there anything we need to be aware of as far as it changes that actually we couldn't accept a $40 gift now, we could only accept like a $10 gift, you know, something like that?

My understanding is, and I'm not the attorney, and Greg would need to review it, but my understanding is the responsibility is on the lobbyist. So, for example, if he were to extend to you a $40 gift, he has to— there's— that's not a violation of the law, but he has to disclose the fact that he spent money, for example, on your campaign. You as an individual or the city of Warren?

I mean, honestly, this doesn't really come up that often at the city level anyway, but we do have people reach out on occasion just wanting to get our ear on a certain issue or something like that. The main thing I wanted to clarify was that it's lobbyists registered with the state, so it couldn't be somebody saying, well, this person is trying to lobby to get this issue passed in the city, but that's different from if it's just a private citizen versus like a registered lobbyist.

Yeah, and that may have passed. My impression was, and I got this, there was a Salt Lake Tribune article in February that basically, it said, the title of it is Utah Cities Should Abide by the Same Gift Rules as Legislators, and That Means No More Jazz Tickets or Expensive Meals. And I think that did affect the threshold, and I think that's the one, at least this article indicated, did not pass, but it was being considered.

So, and There— this is the 3rd substitute that passed, so.

What—

that article, Greg, what bill specifically does that mention?

I don't think it—

I'll just—

I can give this to you. Oh, maybe it was HB 64. Is that the one you said, Jamie?

Yeah.

All right, anything else?

No, thank you.

See you next year.

Thank you.

Appreciate that. We'll now go on to a discussion on proposed changes to the city's landscaping ordinance, and Jason Bench is our presenter.

While I wait for that to come up, I did email you guys a copy of the proposed ordinance. I'm assuming you've all read it and have questions ready to go. I'm just kidding. So while we're waiting, is there any questions?

I was going to say, while we're waiting, I just wanted to point out the new painting on our wall up here on the right. That's from UTA on the Utah Valley Express. And, uh, kind of a cool painting.

And this, this ordinance we're going to be discussing, this was approved, or I should say recommended unanimously by both the Education and the Natural Resources Stewardship Committee, correct?

Correct.

We also had a third-party landmark design, Salt Lake City Park Elastic, is the one that actually designed the parks and So Jason, do you know how this relates to other cities?

Have other cities adopted something similar, or their percentage is different of their new adoption?

Let me find this.

I do know that that's one of the things that I think both committees actually, you know, went out and, you know, looked at other communities' ordinances, talked to the staff there, and those that had done it, you know, have you had issues with it? And so that was part of their process.

Because I know we were at 70, we're now at 50, you're looking at 50, some had discussed 30 to 50, so that's So talking to Mark Blasich, who's the one at Blasich Architect, he does also do—

does work for North Ogden and developed an ordinance for them which is very similar, I guess, to what we propose. I think cities are moving in that direction, allowing more flexibility. The whole point of this ordinance isn't to make drastic changes, it's more to provide flexibility for the homeowner.

Sure.

Talking to Ryan this afternoon, I mean, a homeowner can still do 100% Sure. That's not the issue?

But it allows them the lower end if they want.

What we're allowing is 2, really 2 main exceptions. One is taking it from 70% to 50%.

Right.

And the other is to allow of that 50% that's now whatever can be artificial turf. So those are really the 2 main issues. What we're trying to do is kind of coordinate with not only water-wise landscaping but also water conservation where you can have 50% now in other types of materials. Other than stuff that's going to take water? Grass?

So let me just ask the question there. If we go ahead and make that change for the city later, and maybe it's a question for you, Danny, but how will we let the public know? Because this is something that affects the public pretty substantially.

So, I mean, I would imagine we would, we would include this in our monthly e-newsletter, we could include it in social media posts, we could—

obviously, I think it's something that we'll need to get out.

Yeah. I mean, I think one of the things we were having a conversation about as staff is it's kind of of great concern right now. So we want to have this concern in advance of the growing season. So I would anticipate that if you were amenable to making these changes, we would mount up a pretty significant education effort immediately, given that we're just, you know, heading into the growing season.

That's what I was going to request. I think that would be really important.

And surprisingly, we've had several calls. Mark's— one of Mark's neighbors called and had a question about his property and what he could do.

About Mark's property?

About Mark's property. So just in looking at this front yard, obviously this isn't in Orem, but can you tell anything in there that would be unusual from any typical landscaping? What if that grass were artificial? That is artificial.

Oh, is it?

Okay, I couldn't tell that from the picture. So what we're proposing is 50% of the— With all the water you use, I would think you 50% of the front yard could be something other than plants. So this area here could all be part of that area of the 50%. The other 50% does have to have some type of living plant. It doesn't have to be grass. It doesn't have to be something that's going to take 100%, but within that 50% area has to be some type of bushes. So it could be bushes, 10 bushes that are But you can have 50% be turf? You can have 50% be artificial, you could have 50% be decorative rock.

So what, what you have here is what you see in Las Vegas in the higher-end homes a lot.

Right.

And it's pretty widespread as far as acceptance of that.

And you're beginning to see it a lot coming north. I know in St. George and Cedar City, even in some areas in Utah, you're seeing a lot of this type of landscape to come in because we're obviously getting more education on that we're living in an arid climate and we really need to probably conserve. So that, that isn't current, that wouldn't be currently legal here then, right? Even with the 50% because the artificial— artificial is not allowed currently. And are we suggesting we would? We're suggesting that of the 50% can be something else, can be artificial turf.

Okay, thank you for the change.

So there is specifics and I don't I'll get into the details, but there is specifics about the type of artificial turf. So you can't go to Home Depot and just buy the real thin stuff and put it out there. It has to be turf that actually looks like artificial turf.

URI approved?

Yes.

So the purpose statement didn't change. The first 2 items are consistent with what's already there. The 3rd one, though, we did add based on Landmark Design's review of the ordinance. Basically, to support landscape treatments that reflect good design principles and conserve limited resources. So I've kind of added that in with the purpose statement of the ordinance. Some things that were clarified, so the 50% requirement, but of the different areas that you have, so if you have a driveway and you have an area over here, 50% of that, so Area 6, 50% of that area can be something other than plants. So you could have artificial turf, 50% of that, the other 50% has to have some type of living material. It still can have rock, it still can have bark, but in that area it has to have shrubs, trees, and other things that would make up that 50%. Same is true with Area 5 and 4, and 1, 2, and 3 obviously can have that as well. The only difference in this ordinance is we don't allow the park strip to be artificial turf. It has to be some type of either xeriscape with rocks and bushes or grass or things like that. We don't This would not allow that in that area.

And I'm guessing that helps with right-of-ways and utility easements and things like that as well, so that we're not ripping up somebody's expensive artificial turf.

Right. So there's 2 different— we'll go through this. So this kind of outlines— I won't read through it all, but basically outlines the different types of materials: decorative rocks, boulders, gravels, different things. The thing we want to point out is that the deliberate Use of that material, not just, I'm just going to let it be a free-for-all and whatever happens, that's not going to be counted in our opinion as landscaping.

The only—

and then of course outline what the artificial turf or synthetic turf has to be. The thing I want to clarify too is, and I got to— the only thing we're talking about in the residential zone is the front yard or the street side yard. We're not talking about side yards or rear yards. That is not It's not applicable to the ordinance. The only thing that the city requires to be landscaped is the front yard. If it's a standard front yard, side-by-side homes, or if it's a corner lot, the street corner areas need to be landscaped. The other stuff, the homeowner can do whatever they choose to. It's a little different in commercial. We require all the required spaces, including parking lot landscaping. So it's a little bit different. The purpose of that is just to allow the homeowner a little more discretion on anything other than Another example of a project in Salt Lake. This is also artificial turf. Looking at it, it's about a 50/50 split. So you've got the area behind the planted areas, 50% covered with plants, the other 50% which is artificial turf. So this would, in my opinion, meet that requirement for about 50%.

And it's based off of the material? Mature canopy of the plant. So if you just planted it, it might not quite be 50%, but if it's expected to reach that, then they'd still be fine.

And a clarification with the commercial properties or multi-family properties, we do require a landscape plan, and that's something we inspect. We require it to be bonded for and all that kind of stuff. In a residential home, we do not. So we just expect them to install it according to the ordinance or according to what they want. It's only going to be black pecans. It's only on a complaint basis that we actually— if somebody doesn't hold front yard rock, it's only on a complaint basis that we'll go out and actually say, hey, you don't comply with the ordinance. We're not going to make every homeowner come in and give us a landscaping plan of their front yard. The other thing we're providing is Appendix BB. We're actually going in and establishing, in conjunction with some BYU students, actually went and researched native and drought-tolerant species. Trees, shrubs, flowering perennials, and grasses that people can plant in their yards. Once they get established, they would not have to be watered. So if you plant native species in your yard, it takes about a year or 2 to get them established, and then you can actually turn off the water and they will maintain themselves over time. What we are allowing as a bonus, instead of 50%, if somebody has at least 3 trees in their front yard, we allow them to go down to 45% coverage. Encouraging people to plant additional trees in their yards rather than just go to a zero— not zeroscape, but a timescape. So just a couple of examples of properties that obviously this is your traditional home you normally see. You start to incorporate, you know, 85% roughly of vegetation. These pictures are actually going to be part of the ordinance, just give the homeowners an idea of what we're meaning. You say 50% or you can use other types of materials? So the majority of our ordinance is really just clarifying what people can do in their yard. Right now, under current standards, you can still do xeriscape elements. You just have to have 70% covered. So you can see this yard here has all bark underneath. There's a little bit of grass, but they have shrubs that cover it. That would actually be current standards.

70%.

A couple quotes, one from Darren Hawkins. He got an email from Brandon Hatch, who owns Big Rock, which is a landscaping firm that does a lot of projects in Utah. Basically, he said he liked it a lot. He says 50% is a great number. It keeps the possibility of high-quality xeriscapes, so you don't just get rocks in the front yard. You actually have to have some Thought about that. And then a quote from Mark Vlasic, who's the landmark designer, basically provide a good direction for controlling the range of landscape treatments around the city, provides clear direction, it should be relatively easy to handle. So those are some of the quotes we received in the process.

And you probably don't have any idea as far as how much conservation of water this kind of landscaping will help with and 10, 20, 30%, something like that?

Depending on what you do. I mean, if you do bushes and have drip irrigation, you're going to see a significant savings, upward of 70 to 80% on your water. If you just take half of it and keep it in grass and half in another, then that's around 40 to 50% probably savings in water, depending on how you do it. If you still have the spray heads, you're still going to use a lot of water. If you convert to some type of Yeah, the shrubs, we do some type of drip.

Sure.

It's going to be a significant savings in not only water but also your bill every month.

Sure. I was just going to say, and I think that would be important to bring up when we do a campaign talking about this, that you will see or could potentially see A significant water savings by doing this kind of landscape.

And even if you reduce your water usage by, say, 50%, you might end up saving more than that on your water part of your bill if you're keeping out of the higher tiers of water usage too.

So obviously it's going to be an initial cost. Somebody to convert their 100% Kentucky bluegrass to something like this is going to be an expense up front. But over time, Over time you will recoup that money in water savings and maintenance of your lawn mowers and walk-ins. So just to outline, we did— obviously staff worked with a lot of staff members to develop the ordinance. We did talk with the Beautification Committee, I think twice, and they've recommended approval. Natural Resources Stewardship Committee. Both of those committees reached out to people they knew, a couple landscape architects, a couple of contractors, and actually got their opinions before they actually made a recommendation. So both of them actually did a lot more effort than just, yeah, it looks good type of thing. And then of course we reached out to Landmark Design to get their review. So our plan is to come to Planning Commission on May 1st and then to Council on May 14th. At the same time, using our online forum and other events, our other efforts to make sure that people are aware.

So I'm glad that we're moving in this direction. I think the I think this is beneficial and will help conserve water and beautify the city as well.

I think one additional benefit too, we work with obviously our code enforcement and CDBG, work in a lot of low-income neighborhoods with yards. And one of the things we've struggled with was the idea of, let's, I mean, to then put them in a place where they're now watering a big lawn that they weren't watering before, and now their water bill is another $100 a month. This gives us the flexibility to work with them and say, let's make it look nice. But we don't have to then add to your water bill at the same time.

Sure.

So this will help, I think, in those neighborhoods.

At the same time too, and I have had this conversation with staff, but Central Utah Water has a series of conservation classes. They've even historically provided incentives to, for example, automate your sprinkler timers, so on and so forth. I would hope and I would suggest that Whatever we do, we try and meld what we're doing with what Central Utah's programs are. So one, they can see, you know, there's a demonstration, at least in the short term, there's a demonstration garden there, there are potential resources there, there's the benefits of Utah State University who also has a group that can help people with their residential properties relative to water conservation. So there's a variety of resources that they can use. people can take advantage of, not just Orem City and our ordinance change.

One thing I was going to say to that point, Central Utah Water has a mini home that is typical of our landscaping inside our city, and then a mini home with a xeriscape landscaping. It shows the huge difference in water usage, and you get to look at both yards and they both look Very attractive, and, you know, first look, you probably don't really pay much attention either way.

Just to point out the fact that when we kicked off this proposal and actually had our first open house, we held it at the water concerns area and invited people to come and had a tour, and we had some information there as well. So we have tried to incorporate them, actually worked with their partners down there to work with that. So just one last thing that we probably It's not a critical thing, but when somebody does install this type of landscaping, if they do it right up front, meaning that they get the right thickness of gravel or they get the right thickness of bark, that goes a long way in maintaining and eliminating weeds. If you notice your neighbors that have just refinished things and they put a really thin layer of bark, and then 6 months later you have it full of weeds, it's because it's not— doesn't have a thick enough layer. So part of that education is going to be If you install it right and follow the ordinance, which we've recommended, you know, the 4 inches and different things, that helps when you go out and actually pull weeds. They actually come right out rather than having to get your shovel out and dig because you've— so it's a little bit more expensive to install it, but it is maintenance over time a lot easier to maintain.

Sure.

Thank you.

Great. Thank you. Appreciate that very much. Okay, we'll now go on to a discussion on ranked choice voting. Sam requested.

I don't have slides for this or anything. This is kind of a continuation of the conversation we had in December. And I know that we made a decision back then not to proceed with this, but with HB 277 this year, some changes were made to our— this pilot program the state is running for ranked choice voting. I just wanted to have an opportunity to discuss that and see if anybody felt differently than they did in December. So just kind of going through some of the concerns that both I and other council members had raised in December about our reluctance with proceeding with ranked choice voting. First was without a primary, you reduce your opportunity to kind of vet the candidates and kind of have them go through that process. With this new bill that passed, cities now can use Ranked choice voting for primary, and we could even still use traditional voting that we're all used to in the general election. So that would essentially let us to kind of dip our toe in the water a little bit and see how it goes in the primary, but we would still have kind of the standard election for the general election. As far as voter education and the new equipment, the state allocated $250,000 For those 2 purposes, cities can get up to $2 per active voter in the election. It is on a first-come, first-served basis. And I mean, frankly, whether we do ranked-choice voting or not, we'll have to pay for some kind of voter education. And so I kind of look at it as if we're thinking about doing this at some point in the future, in my mind it would make sense to take advantage of the state funds while they're available for that purpose as opposed to just coming out of our city coffers. To the other concerns that others have raised, wanting to let others try this first, I'm not sure that we necessarily can fix that until we have, you know, an election cycle and we see others do it. But trying it in a primary only could help us, I guess, kind of vet out that process before we do it for the, you know, future elections. And the last concern that was raised was dysfunction at the county level, and would they really be equipped to handle this type of new process. HB 277 actually gives us flexibility to contract with another county if, for example, we felt that there was another county that was better equipped to handle this type of election process, we could contract with somebody other than Utah County to administer our primary. So I just wanted to open that up, open it up for discussion and see if those, you know, changes to the law, if that sways anybody, if you want to consider that, or if it's still dead, then we've got a whole lot of extra time to talk about other issues.

But what were the cities that were, that You know, I, I don't have a list.

I do have a list. Yeah, so, uh, it was Cottonwood Heights, uh, it's West Jordan, it's Lehigh, it's Vineyard, it's Salem, and it's Payson. Now those are the ones that said they wanted or approved it up to December 31st. Since that time, 3 of those have since voted to withdraw. Cottonwood Heights has backed out and said they're not doing it. West Jordan has voted to not do it. Lehi has voted not to do it. So the only 3 in at the moment are Vineyard, Salem, and Payson out of the state.

Any indication on whether the The state and county level will be looking into it next year on the statewide elections.

Their statement is, you guys try it out.

Yeah, they want us as locals to be the test case, so to speak, with the argument being, you know, you're a smaller, smaller-scale election, work out the kinks. Work out the kinks at a local level before we go to a statewide level.

And I think that was one of the reasons why they wanted to allow us to try it out in a primary first, so that you can still have what everybody's used to in the general election.

Anybody wish to change how they voted the last time we voted on this?

And I think there— we have until April 15th is the tax date to notify the Lieutenant Governor's Office of our intent to move forward.

So essentially this week we would have to decide.

Today.

So if nobody's wanting to change their vote, I think that we turned it down last time, we'll turn it down again.

Does anybody want to discuss it further, or do you want to just vote for all of them?

Well, I don't want to—

I don't need to discuss it any further.

We don't need to vote. We've already voted our list twice. We've already voted, so.

I do like the idea that we could try it in a primary, but I still don't trust the county at this point. And those other 3 were in Utah County, if I remember. You said Salem and—

So Payson, Salem, and Vineyard. And Vineyard is bringing it back up again tomorrow night. I don't know why or what, but—

So I guess it would be interesting to see how the county handles those 3 communities. Let's see if there's— if they do a good job, maybe we consider another time, but thank you.

Okay, well, let's go ahead and move on then. Thank you. Uh, we wanted to give some time to Debbie as far as report on what her assignments are, specifically Summerfest. And maybe, Debbie, if you'd like to go over that.

Yes, I can do that. We passed out a calendar and I also want to talk a little bit about the CARE Committee and also arts, but I'm going to mostly focus on Summerfest. As most of you know, this is our 100th anniversary, and our theme this year is 100 Years of New Frontier. The magazine is being produced and will be heading to the printer April 27th. Is that what you said, Steve?

April 26th.

26th, and will be delivered to citizens by mid-May. Originally, the governor was set to be our grand marshal. Marshall, but he's gone on a trade mission. So we are going to be honoring the former mayors of Orem. I believe there's 6 living, is that correct?

From what we understand, yeah.

Yeah, and we'll allow them, and knock on wood, so if all goes well, there'll be 6 of them available. This year we're going to— we've done a concert at the Sierra, we're going to join with the Sierra, but it's going to be ahead of Summerfest is going to be over the Memorial Day weekend. May 27th, John Michael Montgomery with Josh Grayson. He is— the song that I know him from is I Swear. He's a country singer. And Josh Grayson, I believe, was an American Idol finalist. So I know both those artists. So that will be the week ahead of time. We've got some great sponsors that have come through. Hannah has done a great job. I don't know where she's at. Our kickoff party at the University Place, uh, Farr's Ice Cream has come through with, I believe, a $1,000 sponsorship, so free ice cream for those. Anthony Sakura, who's— I've actually heard him at the Tippinaba Storytelling— will be our storyteller. That'll be great.

So are we going to advertise free ice cream?

I believe so, yeah.

Yep, yep. And to the first X, I mean, that's—

Yeah, we have 1,000 scoops.

Okay, yeah, first time, because when it's free they come out.

Yes, and they're actually going to be stamping hands.

More hours in line to save $2.50.

That's right.

Yep, got it.

Barbecue and free ice cream cones and you couldn't get near a hot dog and chips. And the dilly bars are pretty popular.

Oh yeah, we will have our Summerfest pool party, that's same as last year, and EQ will be giving out— we're going to be selling some of those admissions earlier so So there won't be the lines that has happened currently.

And DQ's free ice cream is unlimited? Is that what happened last time?

They gave out coupons.

I don't know.

So they gave out, I think, 400 free Dilly Bars there, and then they started just giving out vouchers to go get a free Dilly Bar at the store.

So until they run out, I don't know how many, what their total will be. We have a car show, and the car show is going to be a place where if you want to judge Any of the cars, please let us know.

Is it at the mortuary or where?

No, it's going to be at Sierra Park.

So the situation is we're switching the day when that's on there so that we have more room and more available.

Correct. And we wrote a grant from Smith's, um, and they gave us $5,000, and we will be providing some food at that event. It'll be free food. We had talked about Brats or hamburgers. Do we have any other clarification what we'll be serving that night?

I thought it was just Dillenburgers.

Yeah, we'll see what's left over.

Um, day-old bagels.

So, question on the car show. Have we notified potential exhibitors? Uh, because I know the car shows come summertime, they get all lined up for the whole summer. I believe that it's not on a Saturday.

We should have a much better Yeah, so John Whitaker's already arranged that, and yeah, Wednesday night is much better for them, so they're really excited about it.

So we should have a good—

I think 57 cars is what he was talking about. And yeah, the food, I think we're going to do hamburgers and hot dogs, just kind of a barbecue style with chips and drinks.

And so is this going to be where, where in the Sarah Park?

Same place it's been. They like that shaded area back there under the trees.

Yeah.

Um, Thursday, the family day. We had a few problems last year selling carnival tickets. A couple things we're doing new. First, we're going to start earlier. We're going to start at noon so the moms with the little kids can come out earlier. We're going to pre-sell the tickets at the library for the carnival. We have moved all of the activities from Sarah Park here. There's going to be balloon guys, face painting, scales and tails. They're bringing a large reptile show. And we're going to have a food truck. We're not going to have petting zoo this year, but they will be— these large reptiles, they will be displaying for kids to touch. I'm assuming they're snakes or something.

Big lizards.

Yeah, whatever they are. And they'll also be doing a presentation on our stage there. In the past, we've had a— we've paid to have a, like, a Gentry or a Caleb Chapman band come and be our entertainment on Friday, but we're moving our Orms Got Talent to the Friday night. And that will be, that will be there. If any of you want to judge that particular contest, that's a talent show. That's another place where you could be involved.

So let me just ask you then, so the pie eating and the hot dog is moving to Thursday?

That's correct.

So it's not going to be after the entertainment show?

No, and that, that actually has been on Thursday in the past.

It's been before Orms Hot Talent.

Right, I'm sorry, we just—

Orms, yeah, entertainment's Basically, there's 2 nights of Orem's Got Talent. One is how much pie and hot dogs can you eat. The other night is singing and dancing.

And I was going to say, on the hot dog and the pie eat, the sponsors really enjoy that.

Oh, they do.

They have, they have, they have once again committed to doing it again.

Yeah, a lot of advertising out of that, a lot of publicity. Yep, they really seem to get it.

It's quite a troubling experience. It is.

I think most of you know, last year a young gal, uh, pounded 15 hot dogs in like 7 minutes and won.

It was unbelievable.

That's just scary.

With bun?

With bun.

Plus you had somebody who did the hot dog and the patty.

Yeah, um, yeah, he had signed up to do both. There was too much time in between and he was in a ball. He was literally in a ball next to a tree and he couldn't move on.

Oh, I can, I can see that. One of our, one of our new events this year is a chess tournament, and that's going to be happening on Friday. So if you like to play chess, that will be new. Um, in the past, on Saturday morning, we've had Cooper's Run, but this year the family has elected not to do that. And so they've replaced it— not the family, but we've replaced it with the Hope Walk. Which is a suicide prevention. It's going to be no charge. It'll be once again a walk, and had them involved with Catholic Church, another faith, I believe Community of Christ, and other denominations for our Hope Walk. So it's against suicide, which we know is a terrible problem recently.

So Hope for Orem is going to be part of it?

Mm-hmm.

Okay. With this being our 100th anniversary, we are going to have a little longer fireworks show. We, um, I believe it's gonna be 5 minutes longer. Is that correct? And we're gonna do the glasses.

I've been telling everybody it's gonna be a half hour longer.

We had a bid for a 40-minute show and we just couldn't do it.

Okay.

Yeah, but it'll be— it'll still be a really nice 15-minute high-power show.

Yeah. Are we gonna do the glasses or not?

And we're working on trying to secure some glasses that people can wear, and so the light will show Orem logos in the sky. We're trying to— we're trying to get those here. We asked about putting the Orem logo into a firework and You could do it. It's just really, really expensive. But these glasses can be done.

And did we get our sponsor for the fireworks this year?

That's the one we're still waiting to hear from.

Yeah, we haven't heard. So far we brought in $40,000. We are waiting to hear from Vivint. We just got Sue's Cookies just came in with a $500. So we've got—

And it must—

maybe we must have missed something on your list. If Vivint comes through with their table donation will surpass what we got last year.

Which is great. Ken has done a great job, and I like it so much, and it's been very, very good. We've had good discussions with former Mayor Jim Evans and Steve Schellenberger. They were still very supportive, and I believe Jim is going to be doing the mayor's Mayor's Ball as the main sponsor. And Steve was sponsoring— do you remember what his amount was?

Steve Schellenberger. Yeah, $2,500. And he just— it's a general sponsorship.

We did bid out the carnival, but we didn't get any takers for a new carnival. Um, but we have talked to them about improving, um, the quality of the rides, selling the tickets.

And just to clarify, you're right, this is saying we did get a One taker, but it was the same one. So we will have a carnival.

It's just the same one.

We didn't get any different companies bidding.

Right.

So, and again, they come in and they don't charge the city anything.

Correct.

They strictly do it off of ticket sales.

They'll actually do a revenue share with us this year.

Okay.

So they'll, they'll let us pre-sell tickets, which will be a positive. One of the things that they're dealing with, but as we talk to every carnival company, they're all dealing with, is, is labor shortage. They bring a lot of— historically, they brought a lot of labor Um, from south of the border, usually from Mexico, to come up for the summer and travel with them. Getting those, uh, those visas are much harder than they used to be. And so they, they've struggled to get labor. They'll do the best they can. We've talked about some things that we'll, we'll try to do, but at the end of the day, it's— it is what it is. We'll do our best to make sure they're set up on time, ready to go, rides are running.

Could you pass out applications at our next meeting?

Yes.

A couple of the sponsors that are new, we pretty much, you know, a lot of the same sponsors we've had year to year have come through. I mentioned FARs, they're new this year. Smith's, that $5,000 food, $5,000 for food, Smith's. And also NPS, that new store that was in the old Kmart, I believe it's 5,000 t-shirts.

5,000 t-shirts.

And what are we doing with those?

We'll just use those to print.

So we were printing our Centennial t-shirts for our events, the car show t-shirts, Summerfest t-shirts.

Um, yeah, so that's pretty substantial.

It is really. Yeah, we thought $5,000 worth of t-shirts is what they were donating.

It was 5,000 t-shirts.

Yeah, so we're grateful for the work of Hannah, who's done a lot of the sponsorships, and Stephen. So We think it should be great. We think it's going to be better with this consolidated.

By the way, for the council riding, we're trying to locate vehicles from 1925 to 1915. And we believe that we have them located. They just have to make sure they're up and running. But, right?

Are they the ones in Dave's backyard?

No comment. They're out on the street in front of his house.

No comment. You're not going to be there, right, Mark?

Do they know that for a fact?

I wasn't aware of that.

Well, he's got a 10-night trip for a student trip to London.

Okay, well, if anybody else is not going to be there, let me know because we're lining up the vehicles.

So we think it's going to be a great year. We think celebrating my 100th year and then consolidate to one park to be easier for our park staff. And we're going to make the family stuff, you know, better, longer, more improved, more activities, free activities, as well as the carnival, right?

So we're excited.

And by the way, on the vehicles, we would not be driving them. The owners would be driving them. So they don't trust us.

That's good.

That'll be great.

One thing you just— you may hear about this, you may not. We did make some changes with the parade entries where It used to be that all nonprofits were no cost and that for-profits were. What we had every year was people signing up because there was no cost and then they would decide whether they want to show up. And we'd have a lot of no-shows and reorganizing. So we are charging a small fee to our nonprofits just to make sure that they are securing their spot.

Is it $50?

It's $50. $25 for schools. But the other thing we've had in the past was they'd sign up for one And then they bring enough vehicles to take 3 or 4 spots. The parade was getting really, really long. And so we'll give them a certain amount of space, but if they want more than that, then they'll have to pay multiple entries.

When's the closing time if you want to be in the parade?

It goes up pretty close to the end. I'll have to chat with Sean on the exact date, but—

Ideally, 2 weeks out is ideally best.

Yeah, yeah, good to know that.

I'm also over Arts Council. And we just finished our 7th annual Orem Stories. That was over here in the library where students would draw someone, a citizen that was significant to them here in Orem. This year we included junior highs, and that was also positive. With Orem's birthday song, some of you heard that at the kickoff, that's now been distributed to elementary schools, so we should have a larger contingency of kids who know the Orem song.

By Alan Osmond?

No, it's not the Alan Osmond, it's the other one that they sing.

Is it Linda Van Orman?

Yes, yes, yes. Orem Arts Council is also programming for Summerfest. They're also programming Mondays for the stage starting July 1st at the City Center stage here in the park, and that will end— starting July 1st, begin with July 1st, and end with in mid-August. So that's a fun free activity to come in the summer. Cassie Barney, who is Dick Christianson's daughter, is working on a display for the centennial stage. I've seen some rough drafts. I don't know if Shar's here. Have you seen anything latest? It will have some banners and it'll have— It's kind of a piece that would frame the proscenium of the stage. She's looking looking at filling in— there's a slight arch over like the top of the stage, and she's looking at filling that in with some things that would kind of reflect Oregon's agricultural heritage and maybe come down the sides a little bit. We're still working with the folks who would fabricate the vinyl piece to see if that is the best use of the time and the money, but she's kind of Working on that still, even taking some measurements. Other things, they had initially sent her back with a plan to secure it with eye bolts into the stage, and that's not what we wanted to do. We wanted to secure it to the rod that is already existing there. It's designed for lights to be hung, but rather than to compromise the surface of the stage, we'll just kind of revamp it. It shouldn't change the appearance much.

And are we going to have someplace, somewhere, the sale of puzzles, the sale of books? Are we going to have some pins available? I mean, for the 100th year anniversary?

I'm assuming we will.

At Summerfest?

Yeah, at Summerfest, outside, we can have a booth that these things are available.

Sorry, I was thinking about something else.

Puzzle, the books, pin sets. Or pens. Yep, all those, whatever we've got.

Yep.

Books are, books are pretty much gone.

Yeah, books are pretty much gone, but puzzles—

1,000 puzzles left. Okay.

Yeah, we, um, and then just as, just for note, we've always had that booth with kind of balloons to hand out. There's, there's a nationwide helium shortage, um, so I've heard that. Yeah, we've sort of struggling to get helium for our parties, and so we may not We may be giving them a balloon that they can— I don't think we'll have anybody blowing them up, you know, but they're—

yeah, who knew there was helium shortages out there?

And finally, I just want to talk— I'm on the CARE committee with the mini grants and mid-majors. They asked if we had a number for them to target, and I put in my email about $70,000. Last year we allocated $67,000 for the minis and the mid-majors, and we have 5 new grant participants, everything from Bagpipers, Utah Theater Bloggers, Utahns for Culture, Utah Symphony, and Tenoga Storytelling. So there are some new groups that haven't applied before. We had a few people that didn't Their overall request is $94,820. We gave everyone what they wanted. I guess they've asked if we come back with a kind of a target that they should try to appropriate to. I kind of threw $70,000 out there. I know that we do have some library needs as well as the, you know, CIRA and the other large grants, but I guess I wanted your input. I think that's a good target. what number target we should give them to kind of have them help budget to, and I'd kind of thrown out $70,000. We did have a 5% overall increase in what we received from— what was the overall total?

Yeah, $1,132,000 for both arts and recreation.

So that's a 5% increase.

About a 5% increase. So what happened, the majority of that is last year we Last year was a really good sales tax number year, and so we had $100,000, which you guys allocated to surplus or to, um, fund balance, but now will be allocated this year.

So, and how much was that?

We were $67,000 last year, and so I at least would like to go $70,000 or $75,000. I mean, whatever you guys think.

I mean, as you know, this is a very small piece of the pie when it comes to—

I would go $75,000, but I don't know what everybody else feels?

I think 70.

70 is good to me because then we can do some stuff, major projects.

Yeah.

Do we have anybody that dropped off from last year?

We did. We had 6, um, 6 organizations that did not apply.

Okay, that received awards last year?

That were receiving—

yeah, received awards last year.

And only 3 new ones?

No, 5 new ones. The Chantinets did move from a mini grant up to mid-major. That's the only group that went from a $5,000 up to a $10,000 ask, correct?

Am I correct?

Yes, they became a 501 and applied for mid-major.

So Mark, what are you comfortable with?

I'm comfortable with the $70,000.

Okay.

If they jump up to mid-major, are they competing for a different pot of money now?

Same pot.

In fact, many years we have people apply for a mid-major, but we still award them at a mini level.

Yeah, but a mid-major could be up to the $9,999 where the other one is the $4,900.

So Debbie, let's stay at the $7,000.

$7,000, okay. That's kind of where I came up with the number originally.

So, okay, anything else?

Um, no, my other, my other assignment's planning, and planning is something you guys see all the time.

So I was just going to say, uh, I would like to represent that we have a lot of thanks to you for what you're doing. That's a big job on the Summerfest, and I know that you're very involved and spend a lot of time on it. It looks great.

Happy to do it.

And if I may, Mayor Wright.

Sure.

Summerfest is, uh, it's a really big deal. We had some changes in personnel and committee members this year, and I just want to commend the committee, commend And you, and Steven, and Ken. The fundraising question was a, you know, there was a worry as to whether or not we would be able to sustain what we've had.

We lost a few, but we've also gained some. So the net's gonna be pretty close to zero.

It's been really encouraging, you know, the way that the committee has responded. And it's exciting, frankly, that it suggests to us That we can and are operating under a sustainable model.

Yes.

And it's not necessarily just person-based. If somebody leaves, then, you know, is the whole thing going to collapse? But I think collectively the work that the committee has done— Debbie, Stephen, Kenna—

and we all agree with things.

Yeah, it's just, it's just great. So thank you.

Well, we, you know, we have had a few issues. We've had several discussions But I think as we've moved forward, we've been able to deal with those issues. And I think we've been very supportive to the people that left. We've appreciated their great involvement.

And we've—

I think we've let them know that we appreciated it. So I think they left on good terms. I'm hopeful.

Good.

Well, thank you. Looks like our food is kind of here. I'm not sure, but— Why don't we have a prayer and we'll kind of get started on it. I guess the hungriest will go first. Tom, could you give us a prayer?

Sure.

Our Father in heaven, we're grateful for the opportunity we have to be here together and trying to discuss items that we hope will benefit the city and the citizens herein. We're grateful for the food, for those who arranged for it to come, and for the And the benefit that it'll be to us. We ask you to bless it, that it'll strengthen us, bless us to be wise and prudent in our use of time and making good decisions that will benefit all, all that we can. We pray in the name of Jesus Christ.

Amen.

Pete's coming down the hall.

It's like the rain is coming.

And if you were trying to make a point, you ordered the rain on the right day, the buckets are out. The rags are out. Yes, we will approve a new rule. Which— oh, passion is good.

I was hoping— thank you for your—

I'm sorry.

Who are you?

We live in St. Louis.

They are.

They are.

They're excited about the passage project. And they are excited about getting all the programming done. And you may see something come out of them. They want to leave those—

I have utilized that as a father.

Matter of fact, my son from Hawaii called and said, why does Summerfest—

we'll come over and make sure we're here for that.

They plan to come from Hawaii. It's important to my family.

Nice little trip to Kirkland.

Not that I've got—

no, that's, that's not—

I hope the acceleration is fine, right?

It's going to be required.

For the vote, as far as you've had arrangements, no at all.

I don't know, but I will be taking it to St.

George for 2 weeks.

Is anyone coming with the kids?

So Mark, where are you going during Summerfest?

We have a group of students that have been qualified for an international system mapping fellowship. Social entrepreneurship. Invited to Oxford to make their pitch.

Oh, really?

Wow.

We're one of a number of schools that are competing for that.

That'd be pretty impressive.

You know, it's pretty amazing.

They're looking at the problem is impact incarceration has done on children and families, whether it's a mother or a father. And their job isn't necessarily to fix it, but just to map out— To understand the problem. They can propose some possible— they identify gaps of what's not working or what other systems are working with, identify where the opportunities are, suggest that's where fixes can be made. They didn't need a lot of it. Prisoners as well as families of prisoners.

You need a computer for your office?

That's pretty amazing.

Yeah, it just showed up.

So Greg, can somebody from your team just take a little bit of a closer look on that bill of pass related to the gifts? Just if there's anything that we need to be more aware of.

We'll send out a copy of it to have somebody—

Hey Jim, I need you to go get that and do that. And he's like, okay. So who knows?

I just seen a news article about it. I've been discussing it, but I haven't followed up to see if it will pass or anything.

I don't know.

They might have.

He says, you know, if there's something we can watch better.

You're speaking at the Geneva— I should put that on your calendar.

Yeah, that would be good.

Everybody was invited. I thought you might— because I know you don't like to speak.

Which is that?

And it's the Geneva But I mean, what is the celebration?

Celebration of years of education.

Well, it's like the open house to kind of bid farewell.

Is that— or no, no, no, no, no. The rumor has it they're going to shut it down.

Well, they are going to shut it down.

She's the kind of grandma.

So they're celebrating the 70 years of God.

He was with Canada.

When do those start back up?

Supposedly tonight.

Wow.

Could be rough weather.

We went to jazz games, Sundance Film Festival. Whatever happened to him? I think he went to Medford, Oregon, and then retired from the—

yeah, worked down there.

Living up there now.

All my stories have cut out.

All 7 years have faded.

Sure. Who went to Medford?

Who went to Medford?

Mike Dial, who was the city manager here for a time. Who was that?

Who?

Mike Dial.

My dial, sorry.

I think he went to Medford after.

He lives in Springville. He lives in Springville now?

Oh, that's interesting.

I was just mentioning to Greg that back in the day, he would share some of the, you know, the tickets that shouldn't go to decision makers with people who didn't make any decisions.

And those people were okay with it.

Why don't we go over the agenda since it looks like most of us are pretty close. Um, so our prayer and, uh, pledge will be by Mark.

What's that?

Prayer and the pledge is by Troop 999. Okay, and then somebody from the troop will give the pledge.

Do you want the kids' names or do you want—

Sure, if you get them. As far as upcoming events, we have the joint meeting with the Alpine School District tomorrow at noon. I know Brent will not be there. Tom, you won't be there. I will not be there. I've asked Mark to conduct the meeting for us. Dave, I know you won't be there. So we won't necessarily have a—

That wouldn't feed our family for the whole month.

So 4 of us will not be there.

I will swing by for lunch.

Drop him and then leave. So that'll be tomorrow here. Uh, on April 12th, we have the Culinary Arts Gala at 6 PM, uh, at the UVU building over at the Canyon Technology Park. On the 13th, we have the UTA College Connector Trail event, 11 AM, Carterville Park. Uh, 17th, we have the City of Orem Public Works Centennial Arbor Day tree planting. This will be at the Lakeside Sports Park. Anybody know anything about that? Steve or anybody else?

No, Kathy Beckett's kind of coordinating to make sure we have like the right number of trees and resources and everything for those of us that are able to make it.

Yeah, I know a little bit about it.

So I think they've got We have about 50 community volunteers that are planning to come, so you'll have some helpers to join in with you.

Okay.

Yeah, we'll have— from what I understand, there'll be more than just the 7 trees, but we'll plan on having one available for you guys to participate and lead a citizens group.

And are we going to get somebody from the Daily Herald there, uh, take some pictures? Because it is for the I can invite them for sure.

They did a story on the tree planting already, so a lot of times they won't do 2, but let me, let me try.

Reach out.

Should we be wearing like our Centennial polo shirt or something like that?

Probably not.

Right. Yeah, this will be, I mean, it's kind of combo early Arbor Day event and of course making it bigger associated with our Centennial. Sure.

Okay, on the 20th we have the Autism Resources of Utah County Council, uh, 8th annual celebration from 11:00 AM to 1:00 PM at UDU. Uh, on April 20th, we have the Sunset Heights East Neighborhood Picnic, Community Park, 11:30 AM. April 24th through the 26th, we have the Utah League of Cities and Towns 2019 Mid-Year Conference at the Dixie April 25th, we have the NPU Spanish Resource Night, 6:30 PM at the St. Francis Catholic Church. May 4th, City of Orem Centennial Birthday Party from 5 to dusk at the, uh, Orchard University Place Park. Uh, Steve, can you tell us more about that? Um, I know we have live entertainment.

Yeah.

I'm happy to. Just make sure—

What's that? Oh, Ryan Clark is kind of overseeing our entire centennial celebration. Okay, so I've been a part of the planning, but Ryan may be able to—

So 5 o'clock to 7 will be games and performances in the park, Orchard Park, Hale Center Theater, Sarah, a couple of local bands. Dance companies, including the famous one on 12th Street, Center Stage.

And then we'll have a band.

We're bringing in a group to play from about, I believe it's 7:30 until fireworks start. It's a group out of Salt Lake. They play about any kind of genre. They're really good from what we've seen with them. And then we'll have fireworks at the end.

Question is, are we going to have any birthday cake?

Yes.

We're gonna sing happy birthday.

2,500 cupcakes.

Okay.

Um, popcorn and some refreshments.

Did you have the band play happy birthday?

We could do that. Yeah, that's— I think that would be open.

Um, we'll have some carrot sticks for the—

okay.

Beef jerky.

I'll write that down.

And maybe some broccoli.

Broccoli cobbler.

Okay, great. That'll be fun. Uh, so then we have the Miss Orem Scholarship Pageant, 7 PM on May 11th at the Sierra Center for the Arts. And May 16th, we have the Suncrest Police Picnic at 5:30 PM at the community park. Chief, how many are we doing this year? Do you know? That I don't know right now.

Okay.

Kenneth is coordinating those. In cooperation with Craig, probably.

Craig Martinez has probably been working on it.

In fact, Craig just got back from the FBI Academy, so—

Shane, Shane, I haven't had a chance to talk to him, so I'm not sure exactly what we've got.

Okay.

All right, uh, let's move on then. We have, uh, for consent items—

Mayor, it may be worth mentioning with our Centennial Party on the 4th, we have— and I know, I know it's the, the 11th is also the Miss Orem, but We've scheduled that, that if there were to be a rainout, we would still just shoot fireworks off on the 11th down University Place.

Okay, so that—

we hope to not have to use that, but that would be the backup date so that money doesn't go to waste.

Okay, good. Okay, then, uh, for consent items, approval of meeting minutes, uh, council meeting of March 26th, and appointments to boards and commissions, we have 3. So we have, first of all, Ken Ransom, uh, to the Beautification Commission. Um, anybody know—

I'm sorry.

I'm sorry.

Yeah, Ken is a reappointment. He's been on— in fact, he's the chair of it. He'll be speaking to you today as he'll make that presentation, but he's done a really, really good job.

Sorry.

You're fine.

Then we have Alan Rex to the Recreation Advisory Commission, a new appointment, and Deborah Schumann. And anybody know Rex and Deborah?

Carl can speak to them.

Now, is it Alan Rex or Rex Alan? Because one way on the program it's listed Rex Alan, the other one it's Alan Rex.

I know it was Alan Rex.

Okay.

I will, I will make sure. He was our Volunteer of the Year last year.

He's the one we gave the award to.

He's involved in every aspect of athletics and sports in, in Orange City.

I mean, he's spent hundreds and hundreds of hours. Deborah is, uh, one of our more experienced citizens. She represents a group of citizens that is not represented on the board, and since we're moving the fitness center to the senior center, we thought that was important to have a little representation.

And that representation is former American Gladiators contestants, right?

Yes.

That's the thing that stood out.

So you're saying that 62 is the old folks then?

We signed you up for fishing class.

Okay, they're both very good, very good people who do a great job.

Okay, is everybody comfortable with those 3? No recommendations, yes. Okay, all right, uh, so let's go on our schedule items. The first one is a public hearing. The city will receive public comment on the CDBG projected use of funds for fiscal year 2019. And I'm not sure— kind of— Joe's not here.

And Steve may be—

Steve, speak to the CDBG.

So this year we have— obviously every year we're going to bring this to you twice, and that's just a requirement from HUD. We'll do this first public hearing that opens up a 30-day comment period, and then we'll bring it to you again on May 14th. This one will go into more detail about each organization, specifically what the project funding is that they're asking for. In our next presentation, we won't go through that again. We have made some changes this year. We talked about this with you as a council. You gave us the go-ahead, and it has worked really, really well. In fact, we just met today with Utah County and Provo, so we'll have with us what they're giving to other organizations so we can really view this as a countywide effort, not a city-by-city effort. Last year we funded 18 organizations.

This year we're down to 9.

Part of that is that other city or county are picking up organizations that we used to. The other thing that is HUD's really required, you know, asked us to really consider how small of grants we give. Sometimes as we give these little tiny grants, the amount of paperwork, you know, administration of a federal grant for $1,000 just doesn't make a lot of sense.

So of you're sense.

cutting back on the grants?

So they asked us to try to not give anything less than $5,000. That's what, that's what you'll see. So there are some that dropped off that way. There's a— there are a couple applicants who made applications and we— the commission decided not to fund them. And some of it was because of— it was a startup kind of a thing they wanted to try out. And we, we really just felt like these dollars should go to things that are— we know we're going to deliver services that have been, you know, tested and tried. And so you'll see a reduction in the number of applicants.

So will you still present those to us? Yes.

Yep, yep.

You'll see the, the numbers, and you'll see—

in fact, I just—

Kenna has a presentation in it. It notes why we chose not to fund them. We have contacted each of them. They've actually been, you know, appreciative, take the feedback, and we told them to apply next year if they have, you know, additional information. But then we'll We have a recommendation to fund our services, which is the administration, our code enforcement team.

We are going through the line through our low-income neighborhood parks.

We want to continue to invest in those. You'll see an investment last year.

So is our code enforcement team about the same amount of money as we spent last year?

Yep, we asked for the same amount, $155,000. Now this year we won't, we won't get to the $155,000, and it's because they've been down an officer for a while, but they will come full They are right now. In fact, yeah, Jason.

He started this week, Monday.

Okay, so now that we're fully staffed, we anticipate using that full amount. And then $200,000 for an investment in Westmore Park. It's another low-income neighborhood that needs some investment. And then there's another request for neighborhood revitalization efforts, and that's $25,000.

Sorry.

What they want to do is develop a low-income neighborhood— dedicated to low-income neighborhoods, a mobile tool library that when projects are identified, we can work through ecclesiastical leaders, neighbors, and others to get volunteers there, and then we'll show up with a trailer with tools. They can hop out and work on somebody's yard together and hopefully kind of improve neighborhood projects that way. So we're really excited about how this went. It's been a great effort with Provo and Utah County to talk more about co-funding, consider ways that we can work together to leverage more funding, get more into the hands of these organizations. I will say the one other thing is there's $94,000 for 2 capital improvement projects. It's to rehab the Family Support and Treatment Center on 12th West and House of Hope down in Provo. We mentioned this, but in the past they would apply to all 3. We gave them a commercial oven. Provo did some bungalow improvements, Utah County. Now they've asked for one project for all of it. We'll jointly fund it. There'll be one agreement, one monitoring, one environmental. It'll just— it'll make it much better, and they'll get the entire project done instead of piecemealing it year by year.

So that's—

yeah, I gave Ken his presentation, so pretend you heard it for the first time.

Sure.

All right. Well, you did a good job.

Ken is—

again, Ken is new obviously to this. This is the first time going through it as a grantee. She's been a recipient of it, but she's adapted well. She's given some great feedback based on maybe things that we required that were just onerous and maybe didn't prove value. So I'm really grateful for what she's done in our commission.

All right, we'll go on to the next item then. Public hearing amending Section 2211.17 of the Orange City code by adding Standard Land Use Code 7425, Gymnasiums and Athletic Clubs, and Standard Land Use Code 7426, Health Spas, as permitted uses in the PD-5 zone. And Jason is our presenter.

So this is part of the Ashley Furniture building. Half of that will be converted, if this gets approved, to a gymnasium athletic club. So they're just coming in and adding that Okay.

They have a potential tenant in there that wants to do the same assuming.

So it's not a massage parlor, it is going to be a—

just want to make sure.

Sometimes under spas it gets a little whatever. Okay, our next one is a resolution approving conditional use permit for an accessory structure located at 1387 North 430th Street. East of the PD-14 zone. Jason, I believe you will present around that.

So PD-14 does allow a fairly large accessory building up to 33%. This is about 15, roughly 15%. It's about 7,500 square feet.

It's bigger than that.

Yes, their house is about 4,500 square feet. So yeah, it's a below-grade basketball court. So why do we need to approve it?

What are we—

what's the variance? The ordinance requires it to be a condition of use over 1,000 square feet.

Over 1,000.

Which requires Planning Commission and City Council approval.

So is this going to be attached to the home?

It's not attached.

Okay.

Did they not know they needed city approval? That's why they already started building? That was an interesting story. Yeah, so they came in and applied for a building permit, and we basically told them they had to go through the permit process. During that time, they've started grubbing the property big time. So once this approves, if it's approved, it doesn't hurt us to do it. I assume the Planning Commission says suggested we do it.

Their neighbors are okay with it.

Yeah, I bet they are.

The department is in the building award process, so once this is approved, I'm sure they'll do it.

So Ward is building per mortgage, and there's not a house like across the street? It's just the school, right?

It's only 22 feet tall, so it really doesn't make a difference. It's more into the ground rather than being really visible from blocking anybody's view.

Yeah.

So now, does it have some living quarters above it?

Is that what it is?

Like, it has a kitchen, has a shower, different things like that. Does not have a bedroom, right?

No bedroom.

So it's just for play.

It's kind of a man cave.

Okay, so let's go to our next item, uh, resolution Authorizing the mayor to execute a development agreement between the city and ESAB Investments, LLC regarding the operation of a transfer station at approximately 670 North— 79 North, 1500 West.

So, Mayor, this, uh, this of course is the Dunn Transfer Station. Steve Earle had some conversations this morning with We've done the roof and they are requesting that we continue this, or are they— They basically just want to put it on hold. I think what they basically said is we're just going to hold off on this indefinitely. They don't have another date they want to move it to. I think they, for whatever reason, they just want to put this on the shelf for right now.

But the agreement, if we were to pass it and go through and they were to sign it, states that they have to build a building and they have a certain amount of time to build it. So I think that could be part of the situation.

I think it is.

I think they're probably— there's some uncertainty about whether they can or want to build a building at this point. Okay, so Steve, how do you suggest the council— what motion should the council make?

Just withdraw?

Because they're not withdrawing, they just want to put it in holding. Well, it's our application, so we can also pull it. But wasn't there some expectation in order to continue to operate down there this needed to be done? Well, if you recall, they had traditionally done CD, construction and demolition waste, and then they started adding MSW around 2015, 2016. So, you know, the question was whether they were vested in the MSW. There's no question they were vested in the CD. So that was, that was sort of, uh, the consideration for the agreement, that we would agree they could do the MSW and in exchange they would do the building and some other things. So can they not do the MSW now? Well, that's, that's a good question. So that's something we're going to have to look at, I think, and see how things develop and, um, and what action we want to take or not take.

So I'm a little concerned about the neighborhoods there. So you have UPS directly behind them, and they produce quite a bit of amount of dust that goes over into UPS with inside their building, on their line. It affects them, and, and they did come to the city and complain.

Yes.

And the idea was these guys are going to put up a building, it will solve that problem. They also have a tremendous seagull problem.

Yes.

Yeah.

And they have put in, I don't know what, if you want to call it a mister, it's a big fan that blows out and the seagulls don't like it. My question is though, we have MSW which we're not sure whether they can take, we're affecting the neighbors which they shouldn't be doing, and then they have a seagull problem. So if they don't, and the building would solve all those problems, if they don't move ahead with the building, What are we doing?

Well, you know, before this ever came to the City Council, as far as removing uses from the M-1 or M-2 zones, we were actually notifying them of violations, these very types of things you described, and also the Department of Environmental Quality, the state agency, inspections and notifying them that they were in violation and they needed to correct some of these problems. So, you know, what I would anticipate at this point is we'll probably want to get in touch with DEQ in the fairly near future and find out, you know, what this does in terms of their enforcement efforts, because I think they were proposing the building in part at least to get DEQ off their back as well. So, um, And quite honestly, I think there may be some business conditions that are changing for them that may affect possibly the quantity.

Well, you do have China has put in the green fence policy a year ago. And then you have India and now Vietnam, and they're all refusing to take waste plastic from the United States. And I believe it's also waste cardboard. And that's their big business.

And there may be other factors as well. So, I think maybe we'll want to kind of keep an eye on this over the next couple of months and see what happens.

So, could you keep us informed? Talk to DEQ and then maybe talk to Dunn and see where we're headed? I think this changes the whole picture.

You know, I did ask Dunn's attorney what their reasons were. They did not want to say. So I don't think I will get— and I can't contact him directly, you know, he's represented by counsel. So all I can do is go through his attorneys. But they're not willing to say right now. I mean, I guess we could come back in a month or two and ask them again if there's any change. So yeah, we'll keep on top of it and follow up.

Yeah, and maybe watch it and see what's happening with UPS, check with them as well.

Absolutely.

This affects their business.

Yeah.

Well, and MCR Recycling, and I mean, there's, there's a number there. And so I'm wondering if instead of just canceling it, we postpone it for 2 months, and then we have a reason to come back and rediscuss it. Because I do think this has an impact on what's allowed to take place there if they're not willing to go forward. I think it has an impact on them.

We've been in kind of a Chinese fire drill with this several times now, and I'm fearful we'll have an experience similar to the wash place where the neighbor said, nope, I don't want that, I want the fence to be bigger. And he said, okay, I'll do nothing, right? And now we're at ground zero with the neighbors and the noise, and they pushed a little too hard. I don't know where we're at on this. I'm sure, gratefully, you're not relying on a client to pay you.

What are your thoughts on this?

And Jamie? Well, I mean, clearly there's no— they don't, they don't have any interest in signing the agreement right now. So I don't know that it's helpful for us to postpone it. I mean, we could bring it back in a couple months as a discussion item. But, you know, as long as they're not willing to sign the agreement, there's no point in our doing something to authorize use.

We wouldn't have to wait a year to bring it back.

No, I mean, like I said, we could discuss it in pre-meeting. You know, we just wanted to get an update on the status of it.

So maybe just make a motion that we cancel this consideration of a resolution, the city does, or we just simply withdraw the application.

I think to Steve's point, We still have, we still have the partner in DEQ that we can work with, and I think they were feeling in part the pressure to improve the site and to build a building because of all these issues that you identified, Mayor. So I don't think that relationship disappears. I still think we have that, I guess you could say, regulatory relationship with DEQ where we can work with them. Require them to do things if they're non-compliant, so to speak.

Well, I would like us to stay on it because I think it's a real problem. And to me, this is a red flag that they're pulling back. So—

And I don't, I don't think it's because they anticipate they're staying on the same course, the same trajectory, but they just changed their mind. I think things have changed for them.

Right.

And that's You know, they're not going to have the same income stream that they did before, the same processing, the same volumes. I mean, this is all speculation.

Yeah, my concern is if they stop the construction waste and the cardboard and they go to MSW big time, then it's a whole new ballgame.

I would, I would probably suggest that the concern is they're going to be The cash cow in this business is MSW-related. So the fact that they're not willing to invest in infrastructure suggests to me potentially that the MSW piece of what they're trying to do, or what they're doing, may be disappearing. And part of it may just be if their volumes— I mean, they're proposing a very large building.

Right.

And if their volumes are decreasing significantly, You know, maybe they're just looking to scale that size.

Well, like I say, the 3 main customers for all this material have all walked away.

Right.

But I don't think it's unreasonable, Mayor, for you and council to say, hey, let's keep an eye on this.

Yeah, sure.

Let's make sure this doesn't go the way of the car wash. Let's do what we can to make sure that there is compliance and that we are holding them accountable.

Sam?

Do you need the council to vote on this procedurally?

No, but it's on the agenda, right?

I'm just wondering if, let's say, 2, 3 months from now you guys come to some agreement. Like, I'm just kind of— I guess I've lost my patience with this conversation and this particular applicant, so I'm just wondering if we even need to vote on it as a council.

So if we come to an agreement with them and we're ready to move forward again, we'll just reschedule it like we did this for a resolution to authorize the search warrant. And I guess I would, I would reiterate that I think you made the right decision a number of months ago when you wrote this use out of the code. And now we have a situation where, yes, he can continue to operate, but we won't permit or Will not permit additional similar uses along that corridor. So the nature of the corridor will change. And that effort that we had underway is to try and improve the situation by having him having a building. But if long term, if he decides that it's no longer business— It's not a business that's viable. Along that corridor and he goes away, well, even better.

So, one thing I was going to say in regards to the corridor, some of us attended the ribbon cutting for the new storage units there on Geneva Road, which was a very nice event. They have 500 of them. Right next door you have Williams Company redoing the 50— I'm sorry, the Williams Farm, 50 acres being redone by Wasatch Development. And then across the street you have the nitrogen plant that has been sold and is being removed. The railroad tracks have been sold and they're going to be removed. So we're going to see a lot start to happen there. And when the railroad tracks go out, then new businesses are coming into Vineyard on the other side where they have access to Geneva Road. And then Utah WDOT's also looking at widening Geneva Road and doing improvements there. So a lot's going to happen in that area.

And I don't mean this to frustrate staff or to discredit the great work that you've done to get to this point, but even if, like, if we were voting on this tonight, I don't think I would be voting in favor for those reasons. I still feel like the decision we made a few months ago, I don't like like this exception to that. I guess even if they put up the building and things, I just don't see that as the best long-term use for that property. So that's where I'm at.

Maybe you're getting your wish. Okay, um, Jason, do you have any items for the council coming up?

I do. Just to relate to the Geneva Road area-wide plan, we'll actually bring that to you in a pre-meeting on the 14th of May, and then hopefully the following meeting come back. That is almost finished, and actually we will be submitting that to EPA probably within 2 or 3 weeks. They have their own approval process, and that doesn't require City Council approval, but we will be requesting it to be added to our general plan. So that is moving forward, and it'll be coming to you soon. Okay, um, we have one item next time, and that's actually taking storage units out of the M-1 zone.

Out of the what?

The M-1 zone.

Okay.

Right now we have no storage facilities in the M-1 zone. We have 19 current facilities over 1.5 million square feet, which works out to about 15 square feet per person in the population there. The national average is about 5, so we're well above what I think we need for obviously storage units. So while there is no storage units in M-1, we're requesting that that be taken out. A lot of the The southwest area, the annexation area that's going to be M-1, we don't want that to turn into storage unit city. And so that's why we bring this forward.

And does that number count the storage units that are— they appear to be nearing completion on State Street?

That does include 2 on State and then a new one that just was approved on— which we talked about. So yeah, we do have a lot of storage units.

We're not anti-storage units. We are suggesting we have 3 times What typically a community this size has. And we want to preserve the southwest area more for jobs and not self-storage.

Sure.

We have very little property left to develop. Sometimes better use of our money.

Okay, so that's it. Okay, uh, Jamie, you have any items?

Yes, I do, Mayor. Uh, just a reminder, we have our spring cleanup underway. Well, we have the cleanup underway. We're still waiting for spring. So, you know, right now they're at the dumpsters and such are at Community Park, and that continues to be obviously a very popular resource for our residents.

I drove by there today, it was very busy.

Yeah, and they still have— our customers still have access to North Point, so we're offering, you know, you know, 2 specific options, and then as we continue, we'll kind of make our way through the community and provide people in all kind of geographic pieces of the city an opportunity to participate. We were talking earlier about the election. We actually do have an agreement, a tentative agreement that we've reached with Utah County relative to this current upcoming 2019 municipal election. Can I just give some time to you, Stephen, to kind of speak to the specifics, please?

So we— so they want— they need a resolution to be passed by the City Council. They wanted it to be passed by April 20th, but that doesn't work for everybody's council meeting. So we told them we'll bring it in— well, we can do that April 30th. Between now and the next few weeks, we'll work through the details of the agreement and come to you with prices and how that will all look. They've given us a budget not to exceed of $150,000, $151,000. As point of reference, last time we did our own election, it was $169,000. So potentially less, but at the end of the day, it's actual costs. So we'll wait, we'll work through that and bring that information to you on the 30th.

It's actual costs, but not to exceed.

Not, but not to exceed. And is that so that we can budget?

No, Steve, it's not to exceed the $1.80 per voter.

Sorry, sorry, the $1.80 per voter.

Not the $150,000.

It's $1.80.

Yes, you're right.

They calculated $1.80 per registered voter. It won't exceed that dollar.

And return postage will be included this time. Okay, good. So last time, remember, the county removed that. This time we'll have return postage paid for. So we'll work through the details, but that will be coming April 30th. We've had a lot of conversations. Jody and Jackie have been active with Utah County Auditor's Office. Much better relationship as it is today with Amelia Powers versus her predecessor. They, in fact, they meet on Thursday, so we'll continue to work through them, but they're open to our help, open to the ideas. A lot of changes have been made.

So they would accept help from us if they needed it?

Yes, yes.

That's great. And Provo has this item on their agenda this evening, so it's their intent from what we understand, right?

Yes, and I'll take full responsibility.

This is my—

it would have been on this agenda, but I—

It came in Friday night when Jody was on her way to Hawaii.

And I didn't know she was out, and they only sent it to Jody.

Jackie wasn't copied on it.

So I don't know if it's an issue. I just wanted to state that, yes, you know, Provo's intent is to contract with the county as well. So, so most cities—

yeah, that obviously affects the cost, the more cities that participate.

So to that point, Amelia had said that she needed more money for additional machines. Do we know if the county has granted her additional I don't know.

She was also looking at funding from the state and other grants. They're looking at multiple different options.

I'd be interested to know if they've received money and what that's going to mean.

So again, we'll work through an agreement in the next few weeks for Jamie to sign, but it'll all be dependent on your passing this resolution.

Sure.

A couple of kind of project updates. I represented to you late last week that we were going to accept bids on our library project Thursday by 5 PM. We've actually extended the date as a result of an amendment that we sent out earlier this week, and so we thought in In fairness to the contractors that were bidding on the project, we wanted to give them a few more days. And so, Ryan, we've run that till Monday. We're going Tuesday at 9 AM. Tuesday at 9 AM. Time to review the additional architectural drawings that were included in that bid. So it's going out today. As you, as you can see, we're well on track with that project and the work that we're doing out in the city center. We had a very productive meeting with Big D Construction this last— actually yesterday. We met for about 2 and a half hours and talked from a perspective of, you know, I've been suggesting to you that up to this point we've gone through kind of a massing process where we've tried to identify specific spaces that we would like to see in the fitness center, and then the architects have gone back and assigned a certain volume or square footage to those particular uses, and we've kind of landed on about a 125,000 square foot facility, which is about 15,000, 16,000 square feet more than what our current facility is. Some of the discussion we had yesterday centered on obviously cost and Right now we're looking, I think Carl was mentioning about $285 a square foot. A little bit lower than that, yes. And what the architects are kind of suggesting to us is if we really want to do everything that we've programmed, we probably need about $325 a square foot. So we've got a delta that we've got to try and meet. Either we do that by way of value engineering, or we do that by way of fundraising, or we actually amend the plan and look at doing some things differently in the center as well.

How big would it be?

125,000 square feet, including the wet existing—

So that extra $40 a foot, it's an extra $5 mil, right?

Yeah.

So that's— and again, we're in a very aggressive construction environment. We don't know exactly what it all means. You know, we have our fingers crossed come next Tuesday, we'll have a better idea as to where the construction world is right now. And the hope is that it's a little less expensive than it was 6 months ago. At the same time, we also had conversations about, you know, do we rebuild or do we renovate? And are there benefits For example, in and around the gymnasium that we have within the fitness center, does it make sense for us to try and modify the existing structure, or does it make sense for us to take it down and rebuild it? Are we going to spend more time, more money trying to retrofit the space versus just taking it down and building it anew at a different spot within the footprint of the building? So, you know, those are some of the questions that we've been working Just tremendous kudos to our engineering staff, Taggart, Sam Kelly, and their teams. Public Works as well, who have just been doing a fantastic job with all the demo here on property. We would anticipate that they would engage in a similar effort, not to the same extreme, I think, with the fitness center, but they are saving us tens of thousands of dollars right now to just in some of the work that they're doing in advance of awarding a contract and a contractor on this property. And they will, in the near future, coordinate with Big D and Method on the fitness center to try and do the same with, with the fitness center. We've had very good participation with the fitness center team, with our rec staff, Our project team, we've always had representation from the Alpine School District there as we've been talking about the project, and Ryan and the team did a really, really good job. And I think I represented to you it was a hard decision as to which contractor to go to for the general contractor construction management relationship, but we felt like Big D was, was the outright winner in that respect. So, um, you're not going to see dirt moving about with the fitness center probably till July. July, same as camp. But obviously you see what's happening outside of the city center today. And then finally, if I may, You have been communicating with each other as it relates to council messages that we will include in future e-newsletters and such, and we just need you to kind of collectively identify, okay, how do we want that rotation to work so that our communications team can work with you directly in getting the messages and making sure that the I'm happy with you suggesting that rotation, much like we do the Pledge of Allegiance or whatever.

Just give me a month's notice and I'll work with you, Steve. You may ghostwrite it, I may help, we may work together, whatever. And each councilperson may be different, but we work with you, Steve, or someone else?

It'll probably— it'll be somebody else, but yeah, we'll work that out and let you know who that person is to work with.

Yeah, just give us— just let us know when it's our turn.

Are you selecting topics too?

We can. So there's a couple things we mentioned in the email. One would be, for example, Debbie may want to do a message about Summerfest. She just reported on what she was doing. We could basically not transcribe but summarize what she just said because we have video of it, send it to Debbie and say, hey, make any adjustments with this. So maybe we could create that and then that also becomes a rotation for council reports and then we just mirror those and kind of work together. But at the same time, any flexibility you want.

Yeah, sometimes our, our things we have to report— I mean, Sam's got Utopia or UIA, which would be very interesting to many of the people, but transportation may not be as exciting, and so we may write on some other subject other than what our assigned committees are.

Yep.

Okay, great, Tom. Transportation's not exciting. It's pretty exciting.

It's not as exciting as as your report earlier, Greg, and I'd like to focus on that in my write-up. Again, I remind you our purpose is to increase readership.

Yeah, well, you wanted to read the mayor's message, and if that one's like that, maybe they'd read the mayor's message. That's all Tom's got.

I'm going to go over here.

Anyway, if I could, Jamie, one other thing, and I just— I didn't give this to Jamie, so he couldn't— he didn't know, but the survey that we talked about for the public safety That will probably go to the field at the end of the week. So you may start getting people say, hey, I just got a survey about funding for public safety through a property tax. What does that mean?

Just so you know, that's probably going to go out at the end of the week.

And how's that going out?

Email. It's through a handful of selected people that have opted in to be in this panel through Y2 Analytics.

And then I think there are about 1,800 participants.

Yep.

We're doing a survey or we're just using the panel?

Yeah, we're going to send us a copy of that.

Yeah, once— yeah, once we have a finalized deal, yeah, we'll send it so you know exactly what's in it. And then again, they will be here on April 30th to report those findings.

And Stephen and Gary have been working on, you know, the information and the language, so, you know, we want to make sure we get it right. So, yep, yep.

Jamie, can I add?

Okay, um, really good to the fitness center, um, which We've discovered that the fitness center is in a residential zone. So for us to maximize the footprint of that property and go with a reduced setback, we may rezone that property and bring that to you. Jason's talked about creating a civic building zone.

Yes, public facilities.

Public facilities. The high school is also in residential.

Correct.

And that will allow us to do increased height and take advantage of that, possibly 5 to 0 foot setback against the high school. Also, we're hoping to bring to you in an RDA meeting at the end of the month the Golden Corral, Garth Nissan project. If we can get everything wrapped up, it's 90% there. We've come to verbal agreements. It's just getting—

How much notice do you have to give to the Sakara restaurant?

Um, 30 days.

They're on month-to-month lease.

But we may transfer the property with the lease intact and let Golden Corral then do it until— while they develop their site plan, they can keep a tenant in there.

It's true.

It's been a good lease for us. I mean, we've generated quite a bit of revenue from it. We have. And I haven't discussed that yet with Golden Corral, but I will be this week. But we've come up with a plan to—

While we're in that neighborhood, has anything happened with the waterworks building, whatever? Central Utah.

It's on the market. We've had some calls from prospective projects, but nothing.

But the Nissan dealership hasn't gotten interested? No, they're asking a lot of money for that.

So part of that value is an office building that's there. Yeah, the one project.

I think it's actually— I can't say. I think it's $6.5 million and $4 million for the land over by the edge of the canyon. So they're offering both for $10 million.

No, I believe the parkway is $10 million alone.

So Gina told me that it's actually $6 and $4, but—

Yeah, I'll pull the listing up and double-check. But last I looked, I thought—

Look for the land section at the mouth of the canyon. Okay, I don't know if everyone remembers, but UVU, when President Taminas came into office, decided to change the general plan that had been published and to allow homes to be purchased by UVU on 925 South and about 800— well, not 800, but more like 700 and there was a big— a lot of commotion over that. Cameron Martin called me this morning and said they met yesterday, President Taminas and her staff, and through Cameron Martin's work, they have agreed and signed an agreement that they're only going to make an adjustment to their general plan for the Theobald home on 925 South directly across from UDU, and that they are in fact not interested in purchasing any further homes in that residential district, which is what SWANA has always been concerned about. Now interestingly enough, some neighbors are mad about that because they were hoping that their home was going to be bought, but UDU has now stated they're interested in only one home They will not be purchasing any more homes in that Sunset Heights neighborhood. And they're going to write a letter to me and I'll pass it on to everybody. So, and that will be really beneficial because that will define it. And, and for this administration, they're not going to go after any more homes. So anybody else have anything? If not, let's go ahead and adjourn.

Thank you. Mayor, it is listed at $10 million, but it's 6 acres, so that may be where the 6 came from.

Okay, well, I just was mentioning what the CEO told me, so I'll have to—

yeah, no, I understand.

That's just what— I haven't met with him yet.

I'm meeting with him tomorrow. Okay.

Transportation?

I said transportation and the community development block grant, but I haven't heard anything back since I replied to that email.

Did I pass your name off over to committees?

No one ever got back to you?

All I know is that the mayor is meeting with me tomorrow, so—

Yeah.

I expect to cry a lot.

Someone I had asked him to, but I didn't know if he had copied everyone on it.

And then you, you're heading out Thursday night or Friday?

Friday. So we would like to welcome everyone out to our City Council meeting this evening and would like to call this meeting to order. We will begin with a prayer by James Brown from Troop 999, after which the Pledge of Allegiance will be given by Topher Hyer from Troop 999. So if James Brown could come to the podium. Our Heavenly Father, we give give thee thanks for the opportunity we have to come together as citizens of Orem to be able to govern and determine the things that will move Orem forward. We ask that thou would bless those in attendance today, that they might be able to present the materials that they have in a pleasing way. We ask that it might be a pleasant conversation, that there might not be contention amongst those who are presenting. We ask thee to be with our leaders, that they can make wise choices, that they will be able to lead and govern our city in a responsible and appropriate way that will help us to be able to grow and to manage that growth appropriately. We thank thee for the blessings and opportunities we receive, and we do so in the name of thy Son, Jesus Christ.

Amen.

Amen.

Color guard, attention. Will the audience please rise and form the proper salute? Color guard, forward march. Please repeat the Pledge of Allegiance with me. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Color guard, please post the colors.

2. Color guard, reassemble. Color guard dismissed. Audience may be seated.

Thank you, Troop 999. Very well done, and we appreciate having you here. We would like to mention that Councilmember Brent Sumner will not be in attendance this evening. We would now like to go over the upcoming events in our city. Tomorrow at noon, here in this room, we will have a combined meeting of the Alpine School District board together with our City Council. On April 12th, the UVU is holding a culinary arts gala at 6 PM at their building in Northeast Orem. On April 13th, UTA is holding the College Connector Trail event at 11 AM at the Carterville Park. On April 17th, the City of Orem Public Works is holding the Centennial Arbor Day tree planting at 4 PM at the Lakeside Sports Park. We'd encourage anybody who'd like to come and watch a bunch of council members try to plant trees, you're welcome to attend. April 20th, we have the Autism Resources of Utah County Council annual celebration from 11 AM to 1 PM at UVU west of the UCCU Center. On April 20th, we have the Sunset Heights East neighborhood picnic at the community park at 11:30 a.m. April 24th through the 26th, we have the Utah League of Cities and Towns 2019 Mid-Year Conference at the Dixie Center in St. George. On April 25th, we have the NPU Spanish Resource Night, 6:30 p.m. at the St. Francis Catholic Church in Orem. On May 4th, we have the City of Orem Centennial Birthday Party, starting at 5 PM, going to dusk at the Orchard University Place Park. There's going to be a birthday cake, there's going to be live music, there's going to be fireworks, and there's going to be games. So it'll be a fun birthday celebration for our 100th year celebration, and we encourage everyone to attend. On May 11th, we have the Miss Orem Scholarship Pageant at 7 PM at the Sarah Center for the Arts. And on May 16th, we have the City of Orem Police picnic at Suncrest Community Park at 5:30 PM. We now have time for some personal appearances. We would ask that those that come forward would hold their comments to 3 minutes and give us their name. And we will start first, first with Roger Flick. Followed by Sean Heaton, followed by Val.

Mayor Brunstad and the council, appreciate the opportunity to make a presentation on the racquetball program at the Orem Fitness Center. I've prepared my remarks here and Most of you have a copy on the council there. These remarks are based on my experience as a math teacher in the Alpine School District and as a teacher at BYU for 41 years and as an academic librarian at BYU and as a coach of the BYU racquetball team for 11 years with 3 national championships and as a part-time employee of the Orem Fitness Center. I've worked with the leagues there and tournaments for approximately 20 years. And I started the racquetball down at the Huntsman Senior Games. So I've had some experience playing around with racquetball. The Orem Fitness Center originally had 14 racquetball courts. 3 are now used for other activities. With the projected 4 courts in the new facility, we find as players and so on that they are— would be inadequate for several reasons. Uh, we would, number one, not be able to continue our successful racquetball teams or leagues unless we held league plays several nights during the week. This would take away play from the local residents. Our local league, our racquetball league, has drawn players from the Salt Lake area, cities in Utah County, and from the city of Nephi. And there are some others that have come from Carbon County. And I think it's because of the camaraderie that we've developed there, uh, with racquetball. Uh, we would not be able to have the high school programs participate in racquetball play as they have done in the past during their regularly scheduled gym time. And then we'd not be able to have 3 sponsored racquetball tournaments by the Utah Racquetball Association, uh, each year. And we wouldn't be able to have any national-sponsored racquetball tournaments as we have had in the past. Uh, the Orem Fitness Center is the Thank you. The Orem Fitness Center is a premier place in Utah to play racquetball because of its location and the number of good available courts. We have excellent courts. And the state singles tournament was just played at the Orem Fitness Center just last week. And some of the finest players in Utah were able to play at our facility. Players and spectators were appalled that the courts were going to be demolished only to be replaced by 4 courts. And it's my understanding that's what we have on the plan right now. But the courts really are in fairly good shape. We just need to repair the floors. As with many sports activities, facilities are used primarily in the early morning hours by those who work and the noon and lunch hour breaks and particularly in the evenings. Players at the Provo Rec Center have said that it's difficult to play on the 6 courts at peak times during the day, i.e., morning and night. Okay, well, I have some suggestions here and, um, as to the kinds of things we could do.

We will read those and take those under consideration.

Okay. The bottom line is, let's keep the courts where they are and build around them. Okay.

Thank you for coming and speaking. Sean Heaton.

Thank you, Mayor and council members. We appreciate the opportunity to speak on behalf of the wonderful sport of racquetball. And we— I wanted to tell you about my experience. We've got a wonderful community there. There's a group of guys that get together and play every single morning. Some show up at 5:00, 5:30, 6:00, 6:30, 7:00, 7:30. And I'd been away from the racquetball program for probably 20 years. I played at BYU. But then these guys say, hey, come play with us. And they've now become some of my very best friends. I've been playing with them for 7, 8 years now. You know, with a birthday party, someone will bring in gifts, bring in food, which adds to my weight. You play racquetball to get rid of all that weight, but they bring food and junk, right? So So we just have a fun community of guys. And I appreciate them welcoming them, let me come into their family. Now, on the other hand, we have people coming all the time that want to come and join our community. Some come and go. Some are coming for visitors. We have a couple of visitors that come from afar that come visit us, make sure they come and say hi to us.

Hi.

And we welcome them. We got Manu that comes from Hawaii several weeks out of the year. And we love— and he knows he's got a welcome place to come and play with us. And we typically will take up anywhere from, you know, early in the morning, our little group, you know, 3 to 5, 6 courts alone. And then there's various other guys that come to play. And one of the things that we just— So you know That community, we don't exclude anybody. I mean, I think we've got younger players in the 20s. What's our oldest guy?

80?

88?

88.

And we absolutely love having them come. And we all adjust. Whoever shows up, we'll play singles, cutthroat, doubles. And we would love you to come one of these mornings. Put on your shorts. Grab a racket. Get one of the racquetball rackets that they give you. They're all not as good. Okay, and the foggy glasses. Come and play with us. Come see the community that we have there before a final decision is made. Come talk to some of our guys. Show up about 6:30, 7 o'clock in the morning. We have a little bit— a few more come typically on Monday, Wednesdays, and Fridays, but we'd love you to come talk to us. Now, to speak to the courts, I want to back up what Roger said. We have— they're excellent courts. Those concrete courts are awesome.

They are.

Now I've played at the— whenever they have the shutdowns, I've gone down and played at the Provo courts. Not as good. I mean, they're beautiful. They got the glass back and they look— you know, the spectacle of that is amazing. But if you ever play on the— if you're a racquetball player, you try to hit against those walls that they have in there and they're made out of some kind of a— these guys would know, but I'm not— some kind of board that just soaks up the energy. It's just not as good. Anyway, I wanted to get your permission. We wanted to get more guys here, but I got turned down from one of the management to put up a flyer to get more people here. And they said that's not allowed. But I, you know, we might maybe in 2 weeks to get more people that want to voice their opinion. If we can get permission just to let people know that this meeting is even happening, that we want to speak to our concern.

Sure.

Thank you, Council. Appreciate it.

Thank you.

Oh, I'm sorry.

We've got a couple of people that didn't get on the list last minute.

There's Dave and there's Warren and there's— who else was there? Oh, Kat and DJ, if that's okay, if they can come and speak.

Well, I think you're all speaking to the same thing, so we'll allow you to have one more.

One more? Okay, y'all, these guys pick.

Next time they need to sign up, so.

Okay, they got here just a little bit late, but okay.

So we'll let Val speak at this point.

I'm not great at public speaking, so hello, and I'm not sure how to address you, so. I'm here to represent racquetball too. You know—

What's his name?

Oh, Val Gibson. I just want to probably bring out this fact. You know, there is a good group of people there. A lot of those people went down to the Hunter game last year. 15 gold medals, 5 silver medals were won by the people that play at the Orem Rec Center. By far more than anyone else in the country. You know, and it's really sad that no one knows that. You know, and I know that there's a lot of people that really hate racquetball that are making these decisions. And I don't know that that's really a a fair way to go about this because racquetball has been a staple for a long time here at that Orem Rec Center and it's been a great sport. And I would, you know, probably challenge any other sport out there that the people that are playing racquetball are more healthy than any of the others. You know, I mean, think about it. We have numerous 88-year-old that come and play.

Hmm.

What sport does that? We have numerous 70-year-olds, 60-year-olds, 50-year-olds. And, you know, like Shawn says, we could have 70 people here tonight if we wanted. That's probably more than any other sport there except for maybe swimming. And I guess I'd like to say one other thing. When the Orem Fitness Center was built, built. You know, I know that the lot— a lot of the grief was, uh, shared by the people who pushed that through, but now it's become a staple of the, of the community, and people love the Orem Fitness Center. And when it was built, it was by far the best in the county. And right now, I would probably still rank it overall maybe second in the county. That's not bad for a 40-year-old 45-year-old facility. And from the information that I've gleaned from numerous meetings here, we're trying to make that the second-best facility in Utah County. I think Orem's a little bit better than that, at least I hope so. Those courts are by far the best in the state, as it's been outlined. And there's probably no reason in the world to tear those down and replace them with something that isn't as good. I don't know, I'll leave 12 minutes early, so— or seconds early.

Okay, thank you very much. We'll go ahead now and close our personal appearance time and move on to our consent items. The first item is the approval of the City Council meeting minutes of March 26th, Second item is appointments to boards and commissions. The reappointment to the CDBG Advisory Commission of Kenneth Ransom and the appointments to the Recreation Advisory Commission of Deborah Schumann and Alan Rex. We as a council have vetted this in our previous work session. If anyone on the council would like to put these items on a scheduled item, please let me know.

So moved.

If not, I move that we go ahead and approve these consent items. Is there a second?

Second.

Okay, and we'll start with Councilmember Lentz.

Aye.

Aye.

Aye.

Aye.

Aye.

Okay, we'll now move on to our scheduled items. The first one is a public hearing. The city will receive public comment on the Community Development Block Grant, CDBG, projected use of funds. For fiscal year 2019-20. Our presenters are Ken Ransom and Kenna Jo Matthews. Push the button where you see the green light.

Mayor and Council, it's good to be with you tonight. It's interesting to be on this side of the coin instead of out there in the audience coming to say thank you. So it's been a great year. I have a great commission. This commission is amazing. We'll introduce them in just a minute. But we're happy to share our recommendations with you this evening. Ken Ransom, he's been our chair this year and you just reappointed him. We're happy for that. And he'll be helping me with the presentation. So we'll just start from there. If you have any questions, just let us know. So these are our recommendations for the CDBG funding for 2019 through 2020. Just a little bit of background with Community Development Block Grants. As you know, we're an entitlement city. Any city that has 50,000 population or more are directly entitled to CDBG funds. So they come directly to us. Historic allocations have been approximately $600,000 to $700,000 to our city.

Where do these funds come from?

So they're through HUD, the housing— you know, Department of Housing and Urban Development. And it's basically to provide good community things going on in our community, helping in our community. So it's a little different than HOME that you learned about in the work session. This is more community-based, where HOME is more housing-based funding. So this year's funding totals will be around $866,586, and that will come from our allocation. So that's the direct allocation from HUD. We believe that will be around $706,000, $707,000. We also receive program income, so— oh, sorry. That's why we have Steven. He's my technology guy. So you can see that on the screen, hopefully.

Thanks.

Sorry.

Oh, just take a second. Apparently.

There's something else.

Usually it just comes on. You push it in and it— Comes up, so. Okay, so now you can see what I've been talking about. So we will be receiving about $706,000, $707,000, we believe. We should know here shortly what that allocation is going to be from HUD. We also receive some program income. So through our critical home repair and home renovation program, we receive payments back, you know, from their loans, and so that goes into program income. So we're able to use that for allocation as well. Then we have about $150,000 in rollover income that has not been used that we can roll over to this year. One of the things that we decided to do as a commission this year is that we decided to do no recommendations under $5,000. So in the past we have done $1,000, $2,000, $3,000, and it is just really not worth it to the subrecipient or to the city to have such a low amount for the amount of work that has to be done for those funds. And I can tell you, after dealing with our little $1,000 person, it's not worth it to them either.

So—

oh, I went backwards, sorry. So CDBG fund was funded this budget year at $3.3 billion. And like we said, our final allocation for the city should be coming here shortly. We've been expected to be about what we were last year was what we're basing everything on. One other thing we wanted to let you know about, due to some delays, the commission has agreed to roll over another $343,000 that we had outstanding in CDBG funding from this fiscal year for our Geneva Park renovation project. And this funding is not reflected—

Excuse me.

allocation. So that money will still be there for that renovation project, but we're not moving that forward to allocate— reallocate that. Okay, my Great Commission members. So you've met Ken. Can I have everyone else stand up that's here?

Sure.

We have Barbara and Vicki, and Mattathias is here with us. We also have Joey and Nathan Chris. Chris is on tour with his band right now, so that's why he's not here. A couple of things I think we talked about a little bit in work session with the HOME funds, but this year we— HUD has really encouraged us to collaborate with other entitlements in our community and make our funding go further. And so we have been working with Provo City and Utah County, and we've been trying to look at ways that we could collaborate better, where we can serve more people, serve more, and have more money to serve. So this year we kind of looked at 2 different collaborations. One was our public service collaboration and one was our more of our capital improvement collaboration. So what we tried to do is we tried to look at subrecipients that were applying to all 3 of us for funding and see if we could possibly only one of us fund them. And so we were able to do that with several of the nonprofits. So that's helped lessen our amount of people that we will be funding, but we're being able to fund at a higher amount. So you can see here, we will be funding the Center for Women and Children in Crisis and Community Health Connect at their full ask, or near their full ask. Provo had Project READ, Teens Act, and Rocky Mountain University. And Utah County had RAW and Central Hispano. So in the past, you've seen some of those as subrecipients' requests, and you will not see some of those as part of this tonight because they are being funded, but they're being funded through the other entitlements at a greater level. And then we— then with our non-public services, we decided to look at some capital projects. So as you know, nonprofits often have to piecemeal capital projects. So their roof is leaking, so they try to get that money, or they need new carpet, they try to get that money, and they're going to all 3 entitlements trying to get piece by piece and trying to basically have a Band-Aid approach. So this year we were— we talked to our councils, we talked to our commissions, and we decided to fund some capital projects together based on our percentage of the amount of people that we are serving with that nonprofit. So this year we decided on 2 nonprofits, one in Orem and one in Provo. We have the Family Support and Treatment Center here in Orem and then House of Hope in Provo. And you can see in front of you some of the things that we'll be doing. We'll be funding that— both of those projects together at about $94,000. The other entitlements will be funding them as well. But this is allowing them to do things that they wouldn't be able to do Probably for many years and have needed— like Family Support and Treatment Center have never had new carpet in all the years they've been in their building on 1200 West. So this will entitle them to be able to have some new carpet and some other things that they need. So I'm going to turn the time over to Cam, but as you know, public services of the— of our allocation that we get from HUD, we're able to provide 15% of that out into our community for community services, public services. So this year we're going to be able to allocate about $105,000, $106,000. So Ken is going to talk about our recommendations now.

Hello, Mayor and City Council. I'm Ken Ransom, as she mentioned. I do want to second what Kenna said about the commission. It's been great to work with some great people on that commission. I've enjoyed being on it. And I also want to compliment Kenna and Steven for the great work that they do on behalf of the city with this commission. So first, the first organization is the Center for Women and Children in Crisis, and they— their funding request is for help fund their facilities and equipment and their operational needs that they have. And they're asking for $30,000, and our commission is recommending $28,750. And they serve 300— it is estimated 300 Orem residents. Our second organization is the Community Health Connect. They provide specialty medical and dental care for the Orem and Provo communities. They utilize a volunteer network with their— to provide those services, and they're asking for $15,000, and we are recommending as a commission that they be funded at $10,000, and they've— they serve an estimated 217 Orem residents. Next organization is Family Support and Treatment Center. They'll use these funds, if granted, for therapy and other services to families in need. They're asking for $22,200, and our We're recommending funding them at $11,000, and it's estimated they serve 18 families in need. The next organization is the Parent Education Resource Center, or PERC. As you, as you know, they are here in the library, and most of their funding does come from the CDBG grant. And so typically they would ask for a lower amount, but This year, because Kenna mentioned we're trying to make recommendations for higher amounts to make, you know, for many reasons, she went over those. So they're asking for a higher amount with the understanding that this will be a not an ongoing yearly thing, but in a couple of years they would come back to the commission and ask for some additional funding. So they're asking for $6,000 and we recommend funding them at $5,000. The Community Action Services and Food Bank, they are requesting $30,000 to help pay for salaries for employees, and we are recommending— they're asking for $30,000, we are recommending $12,500. And they estimated they serve 1,200 people in need. We would like to give them additional funding, but unfortunately we were— we struggled to try to make allocations as best we could, and there was not more funding to recommend for them. The next organization is the Mountainlands Community Health Center. They're asking for funding to help offset the medical services— medical and dental services that they provide. They are asking for $15,000. We are recommending $5,000. It's estimated that they serve 150 Orem residents. And Friends of the Utah County Children's Justice Center, they provide counseling and other services to children who have been abused. They are asking for $20,000, and we are recommending that they be funded at $20,000. And the Friends of the Food and Care Coalition, They are asking for funds to help reimburse their meal program, and they're asking for $10,000, and we recommend $8,737. Kids on the Move— I'm sure you're familiar with this organization— they're asking for $20,000, and we'd like to give them more, but because they do have other sources of income, of revenue, we recommend We're recommending an allocation of $5,000 for Kids on the Move. And we'd like to give them more as well, but there are limited, limited funds available. Mary C. Elliott is a licensed social worker who was proposing to provide counseling and therapy for victims of domestic violence.

We—

she asked for $10,000. We're recommending a zero funding level. The reason for this is because we saw potential for duplication of services, and we thought she should perhaps reconsider her application to the commission. And we had some concerns about her application and her ability to deliver these services, but we certainly would keep an open mind in the future to potentially fund— to fund her in the future if she were to come back.

Thank you.

And People Helping People. This program has requested funding previously. They, they're asking for $10,000. They've changed their program. It's gone to an online program, and we felt that it would be advisable to wait until they get that program up and running before we determine if we recommend any funding. So we recommend zero funding for this organization.

Thank you.

And the Boys and Girls Club, they're asking for $50,000. We're recommending a zero allocation for them as well. They're— they do have other sources of funding, and we thought that they should potentially reapply in the coming cycle and perhaps have a more focused proposal for the commission. So again, we recommend a zero funding allocation for them.

Thank you.

Thanks, Ken. As you see, we only have 9 this year instead of 18 that we had last year, but we've been able to fund them at a greater level. So that will reduce their having to do a lot of reporting and me having to do a lot of visits. So we're excited about that. So we're going to talk about the non-service recommendations now. So for that, we have available about $760,000, almost $760,000. These are for capital projects and things with the city and other capital projects within the community. Right off the top, we took out the $94,050 for the collaboration project with Family Support and House of Hope. And then we decided NeighborWorks of Provo— they've gone by several different names. Their newest name is NeighborWorks Mountain Home.

Mountain Home.

Country Home Solutions. They had asked for money to— for— to purchase rehab of a home. We decided since we were only able to allocate a certain amount, it probably wasn't going to be enough for them to do what they needed to do. And so we're hoping to work with them over the next year to help them find a house and rehab a house with us or work with them in the future.

Thank you.

So some of our requests as a city, as many of you know, Habitat for Humanity has decided not to do their critical home repair program anymore in our community, at least for now. And so the city has taken back over that program and will be providing loans and grants up to $15,000 for low-income homeowners in need in our community. And so we had asked for $70,000 and the So, Kenna, is that a pretty popular program? Yes and no. It depends on the year. Hopefully, we'll be able to market it a little bit better. We've made some changes that we think are going to make people more interested in it. We've raised some grant amounts for low, low-income people. HUD just raised— as we talked about earlier, HUD has raised their sales price limit. which is going to help as well because we weren't really being able to help people out over a certain home value limit. You know, housing is pretty expensive right now, so we were able to raise that to the $330,600 range. So that's going to allow us to help more families as well. The other thing is we would like to do some neighborhood revitalization working with our NPU unit. We'd like to do some neighborhood revitalization things in our neighborhoods and the 6 low-income neighborhoods that we work in. So we're hoping to put together a mobile tool library that can be used for cleanups. People can have it brought out to their homes. If we're having issues with homes, we can bring out that mobile tool library volunteers and help that homeowner or that, that person clean up their homes. And also other neighborhood revitalization activities like police picnics. We've been looking at doing maybe providing some door deadbolt locks or some solar motion lights to low-income homeowners to help keep their homes safer. So we asked for $25,000 and the commission is recommending $21,549 for that program.

Can I— Councilmember Lentz has a question for you.

Um, question on the mobile tool library. I'm assuming those are mainly going to be tools for like yard cleanup and things like that. Would we be able to focus on where feasible Acquiring electric equipment, whether it's, you know, plug-in or battery-powered. I know at the state level, with an increased emphasis on clean air, they're doing replacement programs where you can trade in your gas-powered mower for an electric mower and things like that. I'm just wondering if we can just start as a baseline with trying to focus on those types of things. And oftentimes it requires a lot less maintenance and things like that too. So I guess just a request or a recommendation if possible. if we can focus on electric tools for that versus gas-powered and having to deal with some of those other issues.

That'd be great. We'll look at that. Definitely look at that. We also, as part of that program, we're getting a few— some tools back from Habitat for Humanity that we may be able to put in this library as well. So there's some, you know, other things that are going on there. Code enforcement, as you know, we fund our MPU unit for the work that they're doing in the 6 neighborhoods, the low-income neighborhoods. We also are helping to fund a flex-time employee in code enforcement. And then they've also done— occasionally will do special enforcement activities such as our point-in-time count. They've been doing a reading program at some of the low-income schools. So that money will be used towards that. We asked for $155,000, and they've— the commission has said $155,000.

Thank you.

Our public works project for this year is we met with our public works director and our parks director, and we have decided that we're going to be doing some work at Westmore Park, hopefully putting in a new playground and a new fence area. And so we're recommending $200,000 for that as well. I like to get paid, so— just kidding. So we have administration funds. As you know, it takes some administration to run this program and make it run well, as HUD would like it to. So we're asking for money for that. Also, it is time to do our 5-year consolidated plan again. And as part of that plan, we have to do a needs assessment in our community. And so we have to put some planning dollars towards that needs assessment. We'll be working with Provo and Utah County on that. So we've asked for an additional $10,000 this year for a total of $135,000. So that is being recommended. And then our Section 108 loan repayment, that is the loan that we got back in 2005 to help stir the economy and build and bring jobs, and we have to make that payment every month. We did refinance, our payment has gone down this year, but we are asking for $85,000 this year.

Can I— Councilmember McDonald has a question.

Yes.

Can I—

these are within legal Limits that we're allowed to take, right? It's a certain percentage of the pot, is that correct?

That is correct.

And what is— what would that limit be? Are we— would it be higher than $135,000? We're taking something less than the legal limit?

We are taking— it's 20%, and that would put it as, I think, $141,000, Stephen? Yeah.

We're basically taking it, but a little bit less, but we're within the legal gamification. Thank you.

Yes, correct.

All right.

You can see now the public— summary of the public services allocation summarizes the individual organizations that I ran through and made our recommendations. And again, as Kenna mentioned, we are— no, we're not recommending any allocation below $5,000. And now she's showing you a summary of the non-public services allocation. In my serving— finishing up my first term on the commission, I— we always struggled with how can we do more with the— these, you know, this funding. And I really thought this was a great idea that the city staff came up with to partner with Provo and Utah County. agencies to simplify it. I think it's just a great collaboration, it's cooperation. I think it's a wonderful thing, and our commission strongly recommends that the council consider that. Thank you.

Okay, any questions or comments from the council? Okay, well, I just wanted to congratulate both of you and thank both of you for the work you do and I remember a couple years ago when it looked like our CDBG funds were going to dry up and not be available, and these are tremendous assets for our community to help in many ways residents that need help. So thank you for the efforts of the advisory commission and for Kenna. So we'll now go ahead and— I'm sorry.

Public hearings.

Yes, you're right. I'm sorry.

Thank you.

And we do need to do a public hearing, so we will open it up for the public. Anyone who would like to make a comment, please come forward and hold your comments to 3 minutes and give us your name. Seeing as how no one's coming forward, we'll bring it back to the council. And this is information, and so we appreciate what's going on here, and I know that you'll come back to us again, so.

Thank you.

Thank you very much.

Thank you.

We'll move on now to item 10.2, which is a public hearing for an ordinance amending Section 22-11-17B of the Orem City Code by adding Standard Land Use Code 7425, Gymnasiums and Athletic Clubs, and Standard Land Use Code 7426, Health Spas, as permitted uses in the PD-5 zone. And our presenter will be Jason Bench.

Thank you, Mayor, members of the council. This is coming up— this is an amendment to the PD-5 zone, which is the University Parkway zone. The applicant is requesting this zone. It's for a specific property, but it does affect the entire PD zone.

So—

Is the applicant here, Jason? Could he come forward? And could you introduce yourself?

My name is Austin Atkin.

Great.

And you are— How are you related to this request?

We've been brought on to help the owner get the entitlements done.

Okay.

Anyway, well, there seems to be the evening for problems here.

Apparently.

So adding the 2 standard land use codes to the PD-5 zone, and Planning Commission did review it and recommend approval, and staff supports that recommendation. So any questions I can address?

Any questions from the council? So if I'm seeing this correctly, this area that we're talking about is the building That is next to Ashley Furniture, that area?

Yes, it's the, uh, it's in this—

it's the same building as—

Same building, but that portion of it?

It'd be a second tenant for that building.

Okay. And the idea is that that is going to be used for, uh, an athletic club, or how— what is the actual business?

Yeah, like an athletic club, fitness center.

Okay. All right.

Anything you want to add to it, basically?

We got it up, so I'm just— basically, these are the permitted uses that are allowed in the PD zone, PD-5 zone, so we're just adding those 2 as an additional use.

So—

Okay.

Councilmember Larey has a question.

So the current footprint of Ashley Furniture, will it be shrank by any, or will it be just on the side?

No, Ashley Furniture will occupy the same amount of space.

It'll just be the vacant space.

What's next to it. Okay. Okay. Thank you.

All right. If there's no further questions, this is a public hearing, so we'll go ahead and open it up for anyone in the public that would like to speak to this ordinance. Please hold your comments to 3 minutes and give us your name. Seeing as how no one's coming forward, we'll bring it back to the council. Any questions or comments from the council? If not, I'm open for a motion.

I can do that.

I move that we amend Section 2211.17 of the Orem City Code by adding Standard Land Use Code 7425, Gymnasiums and Athletic Clubs, and Standard Land Use Code 7426, Health Spas, as permitted uses in the PD-5 zone.

Is there a second?

Second.

Okay.

We'll start with Councilmember McDonald.

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Okay.

The ordinance passes. Thank you very much. We now would like to go to item 10.3, which is a resolution approving the conditional use permit for an accessory structure Located at 1387 North, 430 East in the PD-14 zone. And Jason is the applicant here for this as well, if you could join us.

The owner and the contractor are here.

Okay, and if you could give us your names.

I'm Dave Rasmussen. I'm the owner.

Wes Holcomb with Sage Valley Construction.

Okay, great. Okay, Jason.

So this property is part of the PD-14 zone, which was— has some unique standards. It does allow for accessory structures.

Could you, could you go back that over? Okay, great.

You can see Timpanogos High School, right, and property is—

And where on this outline of the turquoise line is this new structure going to be located?

So here's the northeast, this location. Okay, so that's the rear yard. If you've been familiar with that property, there is a concrete or masonry fence that's along that fourth east. That would be in the— in their rear yard. So this is the current condition. They do have a tennis court in the back.

Okay.

They are proposing to Add this accessory structure.

So you're taking out the sport court all in its entirety? Okay.

You can see it's about 7,300 or 7,500 square feet. These are the elevations. They do have a portion of that will be a garage, some underground storage, and then the basketball court interior. Some stucco on the back. This kind of shows the interior of that. This, of course, is their existing home, what you'll see from the street, and you'll be able to see a little bit of that on this, this edge right there is what you'll see, this part of the other—

So basketball only, no racquetball?

Okay, make those guys happy if I put in racquetball. You can keep it down.

So there are limitations as far as their setback requirements off of 4th East, which is 25 feet, which they meet that requirement. The maximum height is 24 feet. I think they're 22'7, if I recall. So they meet the requirements. It does require a conditional use permit when it's over 1,000 square feet. So that's why you're there before you denied. The Planning Commission didn't make a recommendation for approval. And so they're here before you to get approval for the conditional use.

So Councillor MacDonald has a question.

You showed a street view. Can you do that again?

Sure.

Whose garage is in the back left?

That was the existing structure.

So we are going to tear that down, take the tennis court, move it over, basically.

And will you still have a garage or not?

No, it's gone now.

So there'll—

the garage— there's a 2-car garage attached to that.

That's an accessory garage.

Right.

It was an accessory garage. It's not often that a man cave is bigger than the house. This is a significant negotiation you made in your home. I want to take negotiation skills from you.

Yeah, she got to remodel the house and I got the garage.

Well, she did good, but you did great. That's a public record now. And I can't ask for the city to be able to come play there because we'd have some conflict, but it looks like a great addition. I assume your neighbors you've talked to and they're all doing the same deal. If we get to come play, we'll be happy type thing. So I don't have any other questions.

Thank you.

Councilmember Spencer has a comment.

So Jason, can you go back, um, to the, um, plot plan that shows the—

yeah, can you— how—

what's the—

was it 12 feet from the corner of the house to the—

you're talking—

no, right there, right?

It requires a minimum of 6 feet separation. They're at 10 feet.

And then—

but the tennis court and the garage are already torn down, correct? So jumped the gun a little bit, or—

We had to take care of the tennis court because it was a mess.

So we ended up just doing it all at the same time.

But they don't need permission to take stuff down, only to build, right? Just need a demolition permit, which they can do.

Yeah. They don't need—

Correct. That's correct.

Okay, any comments or questions from the council? Okay, Councilor Lentz.

And I'm not suggesting this is Mr. Rasmussen's intent, but if he were theoretically to start a league or, you know, start charging and turning this into a business essentially, does what we're approving today grant him rights to do that or that If he asked for that, would he have to get a business license, or would that just be flat-out non-permitted in this zone?

Yeah, he could not do a league in this. He can have friends come over, he can invite whoever he wants over to play, but he can't charge people to come. That would be a business that wouldn't be allowed in the residential zone.

Even if it was like a one-on-one, like, personal training type?

If he had a home occupation and he was the coach, or, you know, he could do that. Okay.

As a home occupation.

So, so my question is, do you have boys at home? Okay.

I have 3 boys and a daughter.

Okay. And they all like to play basketball? And you like to play basketball? And you have friends around the neighborhood that like to play basketball? Okay. Well, that answers my questions. Any other questions or comments from the council?

I have one.

Is this the home that was Stan and Pam's home? Who were the first owners, do you remember?

Bought it about a year ago.

I don't know.

Yeah, the first owner I think built it, my friend. Anyway, sorry, McKay was their last name. No, no substantive questions. Is this a public hearing or not?

No, this is a resolution, and I'm ready for a motion.

I move that we approve the conditional use permit for an accessory structure located at 1387 North Is there a second?

Second.

Okay.

We'll start with Councilmember Lentz.

Aye.

Aye.

Aye.

Aye.

Aye.

Resolution passes. Thank you very much. Enjoy your basketball games. Thank you, Jason. Item 10.4, a resolution has been withdrawn, so that will not be considered at this time. Jamie, do you have any items? Okay, then I would accept a motion to adjourn.

So moved.

Is there a second?

Second.

All in favor say aye.

Aye.

We are adjourned. Thank you.

They're ready to go.

They're already tagging. So he moved it.