City Council · 2020-01-14
City Council - 2020-01-14 (Google Drive recording)
Agenda items and what happened
| Item | Outcome | Source |
|---|---|---|
| City Council Photos work session Direction: Photographer was unavailable due to scheduling conflict; photos to be rescheduled to a later date to be determined. |
not reached | p.1 |
| REVIEW - Officer Involved Critical Incident Protocol (OICI) work session |
discussed only | p.1 |
| City Council Reports (Boards & Commissions, New Business, Etc.) work session Direction: Mayor asked Public Works (Mr. Tschirki) to look into restocking doggy cleanup bags at park stations. |
discussed only | p.2 |
| ORDINANCE - Cannabis Production Establishment and Medical Cannabis Pharmacy (Code Amendment) regular session |
approved | p.4 |
Items and outcomes were extracted from the agenda and minutes by Claude (Anthropic); each links to the minutes page. The minutes are authoritative.
| Motion | By | Result | |
|---|---|---|---|
| To approve the Consent Agenda as listed. | Tom Macdonald 2nd Debby Lauret |
✓ Passed | p.4 |
| By ordinance, to amend Orem City Code by enacting Section 22-14-21(C) Requirements for Cannabis Production Establishment and Medical Cannabis Pharmacy and amend Appendix A by enacting Standard Land Use Codes 2140 Cannabis Production Establishment (Subject to the requirements of Section 22-14-21(C)) and 5920 Medical Cannabis Pharmacy DRAFT (Subject to the requirements of Section 22-14-21(C)). ✕ No: Terry Peterson |
Richard Brunst 2nd Jeff Lambson |
✓ Passed | p.5 |
| To adjourn the meeting. | David Spencer 2nd Debby Lauret |
✓ Passed | p.6 |
Well, since we're all here and we're quiet, why don't we go ahead and get started? I want to welcome everyone here to our city council session, and particularly want to welcome our 2 new city council members, Jeff Lamson and Terry Peterson. Appreciate having them here. Our presentation will be— well, first of all, I might just mention Obviously, our pictures did not happen today with Glenn Ricks. He had it on his calendar on the wrong date. So we're going to do it 2 weeks from today.
So we get a picture.
So that is tentative. They have not confirmed that yet.
Tentative. So get your haircuts ready. Be ready to go. Anyway, so we'll go ahead and start. We're glad to have Chief Giles here with us, and we'll turn some time over to Chief on officer-involved critical incident protocol.
Thank you. Before I get into that— I can control this. Okay, perfect. Before I get into that, if you wouldn't mind, I just wanted to show all of you a new vest that we just got for our officers. So you may see this on. This is not mandatory for them to wear, but I think that most of them are wearing this. But this is a new load-bearing vest. We actually, at the end of last budget year, we had some money that we were able to set aside and we were able to purchase these for all of our officers. After sitting on a pair of handcuffs and a flashlight for 20 years, I can tell you that my back is about shot. I have a bulging disc on my lower back and it still hurts quite a bit now and then. But we didn't— I didn't like these in the beginning. Technology has really brought them a long way. And obviously they've come from being a little bit more militaristic looking to To where they actually, when you put this on over the top of the uniform, it doesn't, to me it doesn't look very militaristic. It's just more functional. When you look at our belts that we wear, our utility belts, they weigh about 20 pounds. By the time you put your gun in it, your magazines in it, your handcuffs, your flashlight, your taser, your keys, your whatever else you might want to put on those little utility belts that we have. They weigh about 20 pounds. In fact, I was just telling Ryan that when I first started, I had so many things on my belt that the first guy I got in a foot chase with, I took about 3 steps and then I tumbled. And the reason was is I could run really good, but my center of gravity now adjusted up several feet, and when I took off running, my feet couldn't quite keep up with the momentum of the weight, and so I just tumbled over. So this is what we bought for all of our officers. I'm going to send it around. I just wanted to kind of give you an idea of what it is and why we did it.
So it distributes the weight a lot better on your shoulders?
Yes. So the weight, I mean, obviously right now I have a radio on this one. What you're probably going to see some officers have is a taser up on the vest itself. Maybe I gained a little weight since I put this on.
So it doubles as a girdle for you then?
Yes, it does. It's just your bulging muscles. So anyway, this is basically the vest. So we've got handcuffs. We've got a tourniquet for everybody, which is one thing that we did not have. We had been giving it to everybody, but some people had it on their belts, some people didn't. The thing that will be a little optional is the radio up here. We may— we're going to let the officers decide if they want it on their belt with the taser up here or the taser on their belt with the radio up here. But this just distributes the weight a little bit more. It's a little more functional because the things that I need the most are right here in front of me. Nothing on the back? Say that again?
Nothing on the back?
Nothing on the back because I can't reach it. But the good part is, is the inside of this— so we did give everybody ceramic plates that they actually have a separate vest that will go up over the top of this. This actually has a place inside of this right here that you can actually put in the ceramic plate, which is rifle rated. So if we had an active shooter somewhere, they could actually take that plate and slide it in here as well as the back.
So it's bulletproof but not rifleproof?
So this is bulletproof. It's Kevlar, so rifle rounds will go through it. But the ceramic plates that we have given all of our officers, they already have them in their cars, but those plates could slide into these vests as well. So they wouldn't have to actually put on a whole other vest over the top of this one. The other thing that's nice about this is they can zip off in the summer. You're sweating to death, you come into the station. We're actually going to build a rack system in the station. They can come in, they can take them off, they can set them aside while they're doing their reports, cool off a little bit. I can tell you right now, when you're getting into summertime, you're sweating to death. And so these are really functional to be able to come in, you just take them right off, slides right off. And, uh, We, of course, you saw how quick and fairly easy it was to put on.
Um, they can wear those while they're driving around, Gary?
Yeah, and then they will wear them anytime they get out of the station, anytime they're driving around on duty. They'll either be wearing this or they'll have their vest on underneath their uniform. So they can still do it the traditional way. We actually have an outer carrier that doesn't have this load-bearing on it, or they can wear this. So all 3 of those are approved. So anyway, I just wanted to hand that around so you can have a look at it. But you will be seeing these out. A lot of our officers are wearing them right now. We just got the last of the shipment in, I think last Friday. So you'll see a lot of them out and about.
Does that cover more area than the old one?
It's the same. They're the same panels that we have. So those panels we could actually pull out In fact, if I wanted to put that underneath my uniform, I would pull the panels out of there, I would put them in a separate carrier, and then I'd put them under my uniform. So they're the same bulletproof panels that you would wear under your uniform, but they're just in an outer carrier. So the coverage area is basically the same, just a little bit more of a— you know, the carrier portion of it is what's a little more functional for the officers. So anyway, I just wanted to let you have a look at that so you know what the officers are wearing out there. The reason I wanted to come to you today is I don't think I've ever really sat down and talked to you guys about our procedure for officer-involved critical incidents. In the past, we've always called it the OIS, or officer-involved shootings, but we don't only rely on shootings. Anytime a critical incident happens— I mean, if an officer shoots somebody, that's one thing. If they're fighting for their lives and happen to hit them over the head with a flashlight to try and get away, that could be an officer-involved critical incident, but there's no shooting involved. So it was kind of a misnomer when we were calling it an officer-involved shooting protocol team. Recently, we, we as chiefs in the county have gotten together to revamp a little bit of our procedure on what we do in the case of an officer-involved shooting or officer-involved critical incident. So I just wanted to bring this to you. We do have an agreement with the county, and in talking to Greg in our attorney's office, sounds like it's probably just an agreement that'll go to the city manager. But I did want you guys to know kind of what our procedures are, and then I'd like to answer any questions if you have any, because we have had some critical incidents here in the city. Obviously, about a year and a few months ago, we had a shooting where my officers had to shoot and kill a 17-year-old that attacked them with a knife. We had Officer Shinners killed just about a year ago exactly, on January 5th of last year in our city. And so we actually had to activate the protocol team at that time. So I just want you to know what we do in those kind of situations. Gary, would the incident at Mountain View with the student, would that be considered a— No, because all we did, we just tased him. And so it was a critical incident, obviously, but involved with the officers. If we had shot at him, or had to do anything different that would have caused serious bodily injury to him. And we'll go over kind of the definition of it, but a taser itself is not going to activate the protocol team. And that's all we did to that guy is actually just tase him. He stabbed himself, but we tased him to— What about the shooting at Macy's?
Even though it wasn't an officer that shot, it was a—
And that one would not be an officer involved because of the situation. We just investigated that as a shooting. So we didn't actually activate the protocol team because there was no officer involved in that. So, go ahead. So Utah Code 76-2408 describes what an officer-involved critical incident is, and that's anytime an officer uses deadly force, if an officer uses a dangerous weapon against a person that causes serious injury to the person, death or serious bodily injury to any person other than the officer resulting from an officer's— I'm sorry, Death or serious bodily injury to any person other than— it doesn't count if the officer— we don't have to activate protocol team if an officer happens to be involved in a motor vehicle accident or using a government vehicle while off duty. But we can if an officer uses his vehicle as a weapon. For example, if somebody is— let's say somebody's shooting at people and the officer, his best means of of eliminating that threat is to just hit him with the car, obviously that would be a critical incident, so we would activate the team.
Is a taser serious bodily injury?
No. Okay. Um, obviously, if, if for some reason— there have been cases where it has caused a death, uh, or there has been a death associated with a tasing, we would most likely do— we would activate the team involved if that were the case and that were the outcome, because we would want the transparency of that investigation. But— I'm sorry, the death of a person who's in custody, which would probably fall under that situation. Death or serious bodily injury of a person not in custody other than an officer resulting from an officer's attempt to prevent a person's escape. And then it just describes serious bodily injury. Can you go to the next one? And then just a follow-up, just at the end of that code, it describes that each law enforcement agency as part of the the legislation in December of 2015 has to adopt and post on its public website, which we do have on our website right now, our previous or our current officer-involved shooting protocol. But we have to put that on our website and we have to have policies on how we're going to investigate any officer-involved critical incident. And so we do have that. In fact, I can tell you that Utah County, all of our agencies in Utah County, including Orem, have had this protocol in place for well over almost 2 decades now. We've had this in place, which is actually really good. When I went to Texas as chief, I was really surprised because we had been actively having outside agencies come in and investigate our critical incidences since, again, almost 20 years ago. When I went to Texas, I actually had a shooting in my city, which is right across the bridge from Corpus Christi. Not to throw anybody under the bridge, so to speak, but Corpus Christi actually came over and they were involved in the shooting as well as my officers. And I— so I called in the Texas Rangers to come in and investigate because I wanted an outside agency. Well, I got in a little bit of an argument with the administration of Corpus Christi PD because they always investigate their own shootings. And that surprised me a little bit because I thought everybody just did it the way we did. And that's not the case nationwide. It's getting there. That is definitely a best practice. Obviously, the public doesn't really want that agency that's involved in the shooting investigating the same shooting. I mean, I think the agency or the public wants somebody else coming in to look at it without having that— Bias. Yeah, that bias, if you will. So we've had this in place for quite a while. We're going to just change it up just slightly, and so I want to just kind of tell you what the protocol has been and what we're going to. So let's make— let's assume, in fact, we're going to look at the critical incident from the shooting of the 17-year-old. So he— the 17-year-old comes after one of the officers with a knife. They end up shooting him. He ends up dying. But what we immediately did, obviously we have internal notifications to make, and we learned a lot from that situation. Obviously we're going to notify the city manager. He's going to notify you guys. We notify the city attorney and get them involved in our internal— investigations or our internal— not necessarily investigations, but just the liability situation, working on that. In the past, what we've done is that the county attorney's investigators, they were always over the investigations. So they would be the incident commander at all times. And so we would contact the chief of the county attorney investigations unit, and they would be in charge. And every agency in the county has donated investigators. So obviously our investigators weren't involved in the OIS, the Officer Involved Shooting Protocol team, at that time. So we didn't call out our people. We called out other agencies to come in and help us investigate. At the same time, what we ended up doing is we assigned our investigators to do a parallel administrative investigation because obviously it's going to take a lot more time to do the actual criminal investigation than it does our internal investigation. But we also want to make sure that we look at it at the same time the other investigators are looking at it. So we have 2 investigations going parallel. What the change is going to be— and would you hit the slide? What the change is going to be is rather than have the County Attorney Investigation Unit always over every single critical incident, is that we're going to actually choose 3. And we have chosen those. One is going to be from Orem. One is the County Attorney's Office. And one is from Provo Police Department who will be over— they'll be actually task force managers or commanders. So we have 3 of them throughout the county. So now the problem has been is that in the past, our officer-involved shooting protocol, which is what we called it before, if it always went to the County Attorney's Investigation Unit, well, they are police officers too, and there is a potential that they could be involved in a shooting. Well, we didn't have in place anything for them to be able to call an outside agency to be the incident commanders. So what we've done as the chiefs in the county, and the Spanish Fork chief kind of took the lead on this, which I really appreciate, is that we've assigned 3 different task force managers. And so what happens is, if there's a critical incident that happens, an officer-involved critical incident, me as the chief of the venue agency, I get to— I will call the county attorney in addition to the internal communications. I will contact the county attorney, and along with the county attorney, we will decide on a task force manager. Obviously, Orem will not choose the Orem officer to be a task force manager. So let's say I choose a probable manager to take— lead the case, then we will— to be the incident manager. Then we're going to choose the officers who are going to investigate, and that would be outside agencies that would not be from Orem PD. And so this is the biggest difference right here, is that those task force managers would not just be from the county attorney's office. So that's really the biggest difference. Gary, would they be a certain rank, or would they be lieutenant and above? Lieutenants. All of the ones— in fact, the county attorney, the incident commander, I don't know what— he might be a sergeant. So it may be a sergeant, but he is— and I'm not sure what his rank is, but the other ones are lieutenants. And so they would be the incident commanders, and then the case officers would be detectives from other agencies. The venue agency is definitely going to be the one. So if we're the venue agency, I get to choose and deal with PIO situations. I get to deal with the media. Things like that. Obviously, I'm going to work with the incident commander. I don't want to release anything that they don't know about, but that really falls back to the venue agency to decide what gets released and what doesn't. So they're going to rely on me. We would use the Utah County Forensics Unit, the venue public information officer, and the county evidence team, which does include our evidence technician when it's not our incident. At the same time, we would have the administrative investigation going hand in hand with that. They would share information back and forth. And so our investigators would be in all the interviews and so forth from the criminal investigation. So we would have a parallel administrative investigation going on at the same time. Go ahead. So one thing on the officer-involved shooting— or I'm sorry, the officer-involved critical incident. So we're now going to change the name. So the OICI team will have jurisdiction throughout Utah County. All of the agencies in Utah County have agreed to this, and we're just pending the signatures right now. It sounds like even UTA, from my understanding, UTA and Highway Patrol are talking with us as well. Anything that happens inside Utah County, they want to be involved in. So I think that still is the case. The criminal investigation will have priority. So obviously we have our administrative investigation going on. The criminal investigation always has priority, but they will always invite us in as well. So they're not going to kind of sit around and wait for us, but at the same time, they're going to try their very best to have us involved and there for any investigations that they have. And then if the incident occurs in 2 or more jurisdictions, for example, when the PROBO officer was killed in Orem, obviously PROBO has an interest in the case. They're not going to be a part of— they're going to actually be a part of the venue agency, or at least an employing agency. And so Provo and Orem, we actually worked hand in hand. When we released any information, we— I always contacted the Provo chief first, talked to him, asked him if there was any problem if we released this information. We had joint press conferences with them at all times. And so that's kind of how we would treat any type of an incident where 2 or more jurisdictions happen to be involved in an incident. So Gary, do you think this new protocol will speed things up? I remember back when we had that incident, unfortunately, the unfortunate incident here where you and I were waiting. We had completed our administrative investigation, but we were waiting on the results of the other officer-involved shooting group, and that was taking a long time. I really hope it will. Some of the things that take a long time, we can get preliminary documentation. For example, when we get a— on that situation, we had our officers go and take a drug test immediately after, a urine test. So we sent them for that. We had the results of that, but we didn't have the results of the autopsy. Well, the results of the autopsy to me didn't matter so much in the administrative investigation as to whether or not we put the officers back to work. work or not. And so in that situation, we knew the results of the officer's urine test. We didn't have the suspect's urine, you know, the suspect's toxicology, but we really didn't need it. So that took a little bit more time to close out the criminal investigation, waiting for that, whereas the administrative investigation, we could pretty much sum it up even though we were kind of waiting for the criminal investigation to get over. I would hope that the report writing will get done a little bit quicker. I hope so. I don't know if that's the case. We'll have to see. But some of the things in the criminal investigation are going to have to wait before they close it out. Yeah. But as far as the administrative, we actually let the officers come back to work quicker than the criminal investigation because we did the administrative and got it done and we felt comfortable that they were all within the law and let them come back to work. Um, I think that was why it was a little bit quicker. Yeah, I just remember we had officers— I remember one was, was ready to return, the other one wasn't. Yeah. And part of the, I guess, ensuring the officer's, you know, healthy mindset prospectively is if they want to come back to work, then let's see if we can get back to work rather than keep them at home. Yeah. So I just remember that For that one officer, it did take a— And if you look at some of the Salt Lake County shootings, they've taken up to a year, year and a half sometimes before they've given the okay from the county attorney or the district attorney's office up there. Whereas the agencies themselves, it kind of depends on whether they let them come back to work or whether they didn't. So I would hope that this process will make it be a little bit more streamlined so that it all doesn't go to one I think one of the problems that we had was where it was all going to the county attorney's office for that to be the case manager. If we had 2 or 3 critical incidents within the county within a short period of time, it all went to one place and it all got bogged down.
They're overburdened as it is.
And they are. And so with this, what we could do is spread it out a little bit more. Let's say Salem had a critical incident, they could call Orem. And let's say Orem had a critical incident, we'd call the manager in Provo. And so we kind of spread that around a little bit more. Those managers can then, I think, take care of it a little bit quicker. So that really is the hope. The last thing that I wanted to touch on is just some of the problems that we see with— and this goes to show kind of how difficult things become. In this case of the 17-year-old, we had a suspect who was deceased. So we didn't have any criminal charges. And so it was a little bit quicker to get the officers back out. It was easier for us to give you guys a little bit more of a rundown on what happened. It was a little bit quicker to give you guys a summary and be able to pull all my officers in and give them a little bit of a debriefing. Whereas in the Joseph Shitters— on Officer Shitters when he was killed, he was involved in a shooting and he actually shot the suspect, but the suspect survived. And so now we have a criminal case that is pending against the suspect. So we have a suspect in jail that is alive. We have an officer who is dead. And now we have not only a criminal— we have the OICI team who is going to be out investigating the shooting of it. We have Orem Police Department who is now investigating the criminal aspect against the suspect. And then we also have— and Provo didn't necessarily send anybody up to do an administrative that night because they were so busy with the fact that the officer was— Dead. in the hospital and they were dealing with the death of one of their officers. They didn't necessarily do an administrative, but we may have 3 investigations going on at the same time. We may have the critical incident team, a criminal investigation against the suspect, and an administrative investigation all going parallel to each other. And so all these investigators are talking to each other, but they're all doing separate investigations. So it makes it a little bit complicated when we get all that going on at once. So hopefully you can understand that when we get something like that, it's a little more difficult for us as a police department to give you guys an update and release information. Because obviously when I release— if I'm standing in here in a public meeting, I can't release information that may be critical or may be sensitive. And so hopefully you can understand that in situations like that, we may not be able to do that for up to a year. I mean, obviously— It's been a year. It's been a year since that shooting happened with Officer Shitters. And we still haven't seen a trial come. And so we still are waiting on criminal charges. And so there are a lot— there's a lot of information that's sensitive. Is the suspect still in jail? I believe so. I, I haven't checked to see. I'm 90% sure that he is, but, uh, I didn't check and see.
What level will that be prosecuted at? City level or something? The county.
County attorney. And that's pretty much all that I have for you. Uh, this, like I said, there's just a Some slight changes to it, but all the chiefs in the county have agreed to it, and as soon as we get it all signed, it'll change over so that instead of having the one manager with the County Attorney's Investigations, we will actually have 3 different managers throughout the county. So that's really the biggest difference.
Well, thank you. I actually have a couple questions for you. Absolutely. Before you go, we've had various people report to us that we have multiple massage parlors out there that are Questionable as to the activity going on. Could you bring us up to date if anything's occurring with an investigation?
You bet. We actually— I believe we have 11 in town, which is ridiculous. And that's— this isn't just all the massage parlors. We have several spas that are very legitimate in town. We have a lot of places that are very legitimate. We do have some that are very questionable, and I won't name any, but we do have some that are very questionable in the sense that We don't believe that they have licenses to perform the massages. We don't believe that they— now, they do have business licenses. They come into the city, they set up. We believe that there is a human trafficking component to some of these, and so we are working with HSI, Homeland Security Investigations Unit. We've been working with them for quite a while, and they're working on it. As far as— I mean, does somebody go out as an unmarked police and go in and— They could, and that, that is one of the investigative methods that we, we may use.
I mean, Homeland Security, are they the ones that have to take it over? Are we involved?
We are involved. And without getting into too much detail, because we do have open investigations going on right now, we are working with them. As far as, like I said, the details I won't get into right now, but we are— what we're trying to do is rather than going in and, for example, If we have an employee who is not licensed to perform the massages and we go in and just find that person and say, hey, you're performing massages without having a state license, we could give that person a ticket, we could send them to court. Most likely that person is going to be moved. They'll move them to some other place out of the city and we'll never see them again. And that's really what happened. They'll bring somebody else in. And that's really what's been happening all over the state is they just kind of move people around. So the same owners own multiple locations throughout the state, and they really just kind of move people around, even outside of the state. They move them out of the state. And so what we've— what we're trying to deal with is, is to kind of look at not only that person, because in all reality, if they move that person and bring somebody else in, we start over.
I mean, can we shut down the massage parlor? And that's something we've been working on as far as the business licensing.
We, we typically have not revoked people's business license up to now in Orem City, and that's something that we need to look at, and that's something that we've been talking about. But as far as being able to go after the owners and look at them from either, either a racketeering aspect or a federal aspect, that's why we have HSI involved with us, is that these are, these are really more of a racketeering type of a group. If they have an organization with multiple locations around Utah, multiple locations around other states, And they're moving people around. That's what we've been trying to look at.
Yeah, I mean, if you have agencies in other cities that are starting to crack down and enforce the law and we do the same, then they're going to find out that things are not that friendly for them. Right. But I know we're getting multiple complaints from residents that are concerned that we're not doing anything.
And part of what we need to look at as a city is really with our business licensing and how we can deal with the business licenses. Because like I said, if we go in and just cite the person that's there and they leave and go, if we, if we don't look at the business license itself, then they just bring somebody else in. And so that's something that we need to look at, that we have been discussing.
I think, well, I speak for myself, not others. Although it's inappropriate to operate without a license, I'm less concerned about that, right, and more concerned about those who are doing Either illegal trafficking or offering sexual acts. Those are where I would— and you would want to focus.
And that's what we're trying to focus on, is exactly that.
But if someone just doesn't have a license, they may be offering a legitimate service and not be guilty of any of these more heinous crimes, right?
And what we found in a lot of the ones that are in question is that's what we're getting the complaints on, is that they're offering sexual favors and so forth. We know where they are. We know which ones we suspect. Obviously, to go in and have an undercover officer, that becomes a little more complicated because you're putting an officer in a really compromising situation, if you will, to go in and have them deal with that for a misdemeanor. Right. You know, in all reality. So, we need to look at it from a different aspect. And that's something we've discussed in exec staff. That's something that we've looked at from officers, you know, how we're dealing with it. Because up to now, we really haven't revoked any business licenses based on that, on illegal activity. And so what we need to look at— for me to go in, and even if I send an officer in and we give that person a citation because it's a misdemeanor for, you know, for the sexual act, at the same time, it's a misdemeanor. The owners come in, they move that person, they move them out of state because they don't want anything to do with the citation. We never see them again. We don't even know for sure who they are because most of the time they're not even nationally—
Well, there must be some way to be able to shut them down if they're doing that.
There is, and we're working on it. Like I said, I don't want to get into details because that's part of the investigative— that's part of what we're looking at right now. We don't want to give away what we're doing, but we are looking at them. And I do have Mike Kurski, who has actually been working on those before he left FEU. And we've continued with that. In fact, Officer Alborn is working on that as well.
What about gambling? So, we have one particular area that we get complaints on over and over again. I've been there. I've watched it. I mean, where are we at on that? Are we ever going to stop that?
I don't know. That's going to be— I know that the legislature— I was in a meeting yesterday with the Law Enforcement Legislative Committee. I know that gambling came up again, the fringe gambling. Right now, we do have several places in town. In fact, we've been looking at that, and I really think— we've been talking about it, and maybe Greg can speak to it, but really quick before I turn the time over to him. The fringe gambling that we have in town, in fact, some of the representatives— I'll actually give the name because they sent us a letter— but Mark Shurtleff and Bo Batka are 2 of the representatives that sent me a letter saying that they represent this company and that it is a legitimate— how did they— amusement machines is basically what they are. Because what they're giving out is, for example, they'll put money in and they'll give the user a free download of music. And most of the time people are throwing those straight in the garbage. But it does give them a download, and that's what they're selling. So saying you're saying that the music is free? that they are getting for their money that they're putting into this machine. And then it's a sweepstakes that they are doing on the machine itself is what they're claiming. So if you have any input.
There is a pending case in Salt Lake County right now that's been brought by the Attorney General's Office against a similar type of organization. We're kind of waiting to see what happens on that case because that's a— the way I understand it, a declaratory judgment action where they're trying to say, yes, that does constitute Does that constitute fringe gambling under the new statute? And if that court rules in favor of the Attorney General's Office, then I think we have an easier time proceeding on some of these cases. Otherwise, you know, we're looking at expert witnesses, we're looking at a lot of things that we're going to have to do to prosecute a misdemeanor.
I think, I think it's going to take— in fact, Provo's got the same problem, other agencies have the same the same problem in their cities as well. And I think we've talked about this as well, that I think the first agency that files charges and follows through with it is going to probably have some appeals that they're going to have to go through. Because like I said, right now, one of the places in town that have these gambling machines— and I call it a gambling machine, maybe they call it an amusement machine— but basically— It's a gambling machine. They have representation that's very, very well-known people. One of them used to be our state attorney general. And, you know, so that's where they stand. And I think we've kind of just been watching and waiting to see what some of them are going to come up with as far as these cases. I know that, like I said, up at the legislature, they were talking about— I overheard some people talking about fringe gambling possibly coming back up again this year. So, okay. All right, thank you. Thank you.
All right, um, let's go ahead and go over our agenda for this evening. Um, we have first of all an upcoming event which is on January 29th, Utah League of Cities and Towns Local Officials Day, 7 AM to 2 PM at the State Capitol. Terry and Jeff, I don't know if you have time or not. It's a great event to go to and learn more up there. This evening we have one consent item, approval of meeting minutes of the City Council meeting, December 10th, 2019. Everybody comfortable with the consent item? Yes. And then scheduled item, we have one scheduled item. This is a public hearing. On an ordinance amending Orem City Code by enacting Section 2214.21, requirements for cannabis production establishment and medical cannabis pharmacy, and amending Appendix A by enacting Standard Land Use Codes 2140, cannabis production establishment, subject to the requirements of Section 2214.21, And 5920, medical cannabis pharmacy subject to the requirements of Subject 2214.21. And Jason Bench is our presenter. And Jason, any comments you want to make?
No, other than, okay, so we are going to limit the production part to the M-2 zone only. Right now state law allows—
Not the growing, but the actual production? It does include the growing.
So right now, the state allows any manufacturing zone— if the city chooses not to do any regulation, like Provo decided not to do anything, so they could go into any manufacturing zone in the city of Provo. We've decided to come forward with an ordinance that would limit it to the M-2 zone only. We do have 3 different manufacturing zones that they could go into, so we're trying to limit it to one. State law allows the city to do that. And then just some regulations as far as the size of That the buildings. type of signage, the size of signage, what can be on the sign. Displaying merchandise in a window, basically what it does.
And licensing, do they have to have proof of license?
So they'd have to get licensed through the state. As you know, the state just came out and issued 14 different locations, which doesn't mean in the future they won't change that rule or somebody leaves the city and comes to another city. So we want to get these in place so that we have them documented. So they still have to comply with the state law, and then they'll have to comply with the city law as well. requires a business license, proof that they've licensed themselves with the state and got the documentation. So it just kind of then adds a little bit more detail as far as we work with the community to pinpoint the size of the sign and different things so we don't have the smells and different things coming out of the manufacturing places as well. So it really just kind of gets codified in the city code what the requirements are. Some are state requirements, some are our own requirements we've added as well. Okay.
I'm probably the slow guy in here, but if someone— I mean, this is going to be potentially an issue with neighbors who say, what, you're allowing cannabis to be sold in our city, manufactured, grown in our city? Would you go through those steps and what we can do and what the state requires? Could you give me a little bit more backdrop?
So right now the state allows up to 14 different production facilities. And we're not one of them. We're not one of them. now. They've assigned all 14. Yeah. So, are any in Utah County? Yeah, so there's one in Lindon, one in Provo, and one in Spanish Fork, I believe.
Springville. There's Springville.
So, those 3 in Utah County. That doesn't mean that they might, you know, the owner may go out of business or whatever, they go back to the state and issue someone.
So, let's say there's an opening and the state gives it to them. Do we have to say, much like we did when we had halfway houses or drug or alcohol If some neighbor says, I don't want it here, we'd say, but that's a state or federal law.
So there's still the requirements, they have to be 600 feet from a school or whatever, 1,000 feet. So there's still those requirements. So they can't just go anywhere in the M-2 zone, for example.
But it's a pretty open way they could go.
But the state does say that the cities do have to allow them in that space. In a commercial area.
My neighbor couldn't say in a residential area, I want to start doing this. No. Okay, so it has to be a commercial area. It has to be in the M-2 zone.
Okay, which is—
within commercial is a separate zone of the inventory.
But then there's pharmacies. So any— anywhere in a commercial zone that's not predominantly residential. So all of our C-1, C-2—
So these are 2 different things?
2 different things. So the sale of that is anywhere in a commercial zone.
Any grocery store that has a pharmacy or Rite Aid or whatever could, could do it if they get permission?
No, that's got to be a separate, separate, uh, cannabis pharmacy.
Okay.
Yeah, I mean, in other states where it's legal, they have the green pharmacy sign instead of the—
Utah is totally different. They're licensing this and restricting it very tightly. So those 14 licenses were very hard to get. And expensive. And they are regulated very heavily. So, for example, the facility down in Springville, they started out one way, and they actually came in and said, You're going the wrong direction, made them destroy their crop. There's one existing already there, and they're watched extremely heavily. And then the pharmacy, again, is only by certain pharmacies qualified, licensed, set aside to do that. So this is, this is, and this is for medical, right? So this is very highly regulated.
So if somebody comes in and wants to do a pharmacy They still have to show us proof that they got the documentation or license.
But the state is the one who's going to be issuing that?
Yes.
If I have a little backyard garden, can I be growing marijuana? Not without a state license. No, you can't grow it. I'm just repeating that. I'm just asking you to confirm that. So if I want to grow it, I have to get permission from the state.
You have to be one of the 14.
Right. If I want to manufacture it, I have to be one of the state-approved. If I want to sell it, I have to be state-approved. And once the state approves it, We're somewhat limited in what we can do. Is that a true statement?
So tonight we're going to codify certain things that they have to do. As long as they comply with those, go to the state, and they come here and get a business license, they're within— not within 1,000 feet of a school or a park.
But you don't get a license and then the state just lets you go willy-nilly, right? And you do whatever you want. They're all over you. It's pretty specific on a regular quarterly, monthly The Herald article was a little more titillating.
You know, Orm's going to decide where we're putting— if you're listening, hello Herald.
That's all they're doing, selling papers.
Yeah, so generally yes, there are a lot more specifics to what—
but some express concern. Tom, you're deciding where we're going to sell marijuana? No, I'm really not. It's primarily a state. And that's still a fairly safe answer to people who have concerns, right?
The main thing we want to do tonight is to just basically get not only codified the state stuff but also our own stuff.
So we're a little bit ahead of the curve.
That's what I thought. So yeah, maybe to put another angle on that, you know, the state requires us to allow these things. So somebody gets a state license and we have no ordinance in place, we cannot deny them a license or a permit to operate in Norma. Essentially what we're doing is the state has enacted this Somewhat broad, you know, allowance, and we're sort of narrowing the scope of that with our ordinance.
We're placing additional restrictions and limitations, right?
We're controlling that a little bit. So we're not, we're not allowing anything beyond what the state already permits. We're actually narrowing the scope. We're limiting it to production facilities to one industrial zone as opposed to 3 potentially that could go in if we did not have any Next to the temple.
Right, right.
Thank you. And some other restrictions as well that the state does not currently impose.
A place you can drop off your wayward teenager while you go to the temple.
There you go.
Very nice. Well, so again, you come to us with a state license. Now we have perfected— once you get a state license, these are the places you can operate. We can't say the only place you can operate are Lyndon and Pearl, get out of our city. We have to be somewhat accommodating, but we're trying to limit where that could be. Is that correct? Although your idea that they should all be in Spanish Fork or those other things, Terry, was a great idea when we talked about where to build certain— I know. That was a thought. I know, I know. But within our area, we're just saying once you get approval, here's where we go.
So as another example too, one of the limitations we're placing in our ordinance is that any cultivation actually has to be indoors. It can't be outdoors. The state doesn't have that limitation. So if we have no ordinance, they could grow it outside if they want to.
It's a lot more expensive to operate a warm house.
And actually, that's really helpful because people will try to grow it outside soon. Having to have it inside is a lot tougher. And one thing I was going to say, to actually grow cannabis, you know, for sale is very difficult to do. I mean, I have some friends that have done it, and I mean, you can go from 3% to much higher. And all of a sudden you're out of compliance for medical. It's very, very difficult, right?
It's very controlled.
You really have to know what you're doing.
So, so go ahead, you got a question, Jeff?
Yeah, I— for the new guy, can you tell me where those 3 zones, examples of where those are in the city?
So right now we have M1, M2, and CM zone, which are typically on the west side of— okay, so M2 is— so that's the part that I Center Street, north-south, that's pretty much behind the tube. There's a little bit down the water south of Center Street. You see them as a total infection zone. You got one type and most types of facilities have them. That's the scene that they're supposed to be doing.
So there's 14 locations in the state of Utah. So I assume people are lobbying for that one.
That's a very lucrative market.
They actually apply. They apply. And they have to be approved, and there's a bunch of them that have applied that have been turned down, and they only have certain groups that they let use.
So, so here's a question. What if, what if all city, all city, all city people, all 7 people on city council said we don't want it in City Hall? You know, instead of worrying about let's, let's decide where we're going to put it, what if we said What if their vote was, we don't want to do it, plenty of other places want to?
That's not an option.
The state—
why is that not an option? It wouldn't matter because state law says all cities have to allow it.
Even though everybody's fighting for it, 14 are— the 14 lucky ones get to grow pot, the rest of them are out.
But yeah, even if we said this is a law that states for all the state of Utah this has to be done a certain way in all cities, But if I was a grower and I saw that nobody on the city council wanted it, I want to make a grow site or someplace else. I think, I think we're actually being protected by taking, uh, being proactive on where we can put it instead of being put anywhere. Because the state already overrules us to begin with, so we're taking a spot saying it's only right here. So this is actually beneficial.
But if we say you have to grow it indoors, we just made it a lot more expensive. Because in Oregon, they're growing them outside and they stink. And the wine growers, the grape growers are suing the hemp and cannabis growers because it's decreasing the quality of their grape supply. So having it indoors does protect other agricultural groups.
It makes it a whole lot more And in Washington, they smoke it right underneath where the missionaries live. So my son was there and his—
in fact, he might have been the one that snapped it.
Anyway, it's actually— being proactive is actually beneficial if it's coming here. Well, I mean, the state's already given the regulation, and whether it comes here or not, we need to be proactive.
So we did have quite a few calls phone calls and say, hey, can you give us a letter issuing the fact that if and when you do that, we can go in this location? He told me no, we have to wait till the city council decides this ordinance. So we had probably 4 or 5— personally, I talked to 4 or 5 different people from Florida, Colorado, wanted to come at a certain location west of I-15. And I basically said, I'm not issuing a letter. Steve advised us not to as well until such time as we actually codify this ordinance. So we had several interested people, but we basically—
they went somewhere But again, they're going to have to be one of the 14 that are licensed in the state. Yes.
So they went somewhere else because other cities, I guess, maybe gave them some pre-approvals.
So other cities are more user-friendly and welcome them more, they'll go there.
So we tried to push them off.
So if we weren't that welcoming, it might not be a place you want to go.
Yeah. So in this case, we're not really trying to— we're trying to be proactive in saying, if and when that does happen, you've got to meet all the criteria. And they may choose to go somewhere else because they don't want to go into Oregon.
And who's to say that the state at one time down the road doesn't say, hey, we're going to open that up to 20?
They could. And they probably will.
Well, and who's to say that the state doesn't tell us, no, we think it'd be better if you put it on this part of the city instead of this part? So we can do all the zoning we want, but it sounds like the state can do what they want.
going under the parameters we have now, I think we have some of that.
Well, we have the 5 districts on the State Street. Can we narrow it down to where they can go?
For a pharmacy?
No, any, any commercial zone.
Maybe a kiosk in the mall or something? Any commercial zone right next to the light rail.
They go anywhere on State Street. They still have to meet the 600,000 There's some separation requirements from the park, the school.
And those separation requirements actually pretty severely limit where those facilities can actually go. So 600 feet from residential—
sorry, 600 feet from residential zone and 1,000 feet from any public facilities, so park, school. So when you actually do it, we did this diagram a couple years ago when somebody came along with a smoke shop. It's pretty limited in the M-2 zone. It's pretty much down by Coates Greenhouse area. Now the Vineyard's starting to get more housing and things. It's pretty limited where they can actually go. So we're not saying the M-2 is going to be wide open. It's not. It's going to be very limited when you add the 600 feet and the 1,000-foot restriction. Same way with State Street. So there are some places where there's presidential zones very far away and there's no public parks. So there are going to be some spots on State Street, given when that happens, but they're going to be very limited on where they can go.
So yeah, I believe they can move into the Harmon's Pharmacy or the Macy's Pharmacy. Yeah, one thing I was going to say, so we've gotten a lot of press. We were on the morning news, we've been in the newspaper, etc., etc. So are other cities doing what we're doing? Are they waiting?
Some are. Ogden, I know for a fact, did the same thing. I did talk to Dixon Homes before, they've chosen not to do anything. So they'll be subject to whatever state rules are, and that's their choice. Other cities have done the same type of thing.
Okay. All right, good. Jason, while we've got you up, can you maybe just mention a couple of things real quick, because we've got our food here, but on upcoming council sessions?
So next council session on the 28th, we do have 2 items. The first one is a rezone at 166 North 400 West. It's an existing home, an older home, and they want to tear it down and develop it into 2 lots. In order to do that, they're going to have to rezone it to R-6-5. They did a neighborhood meeting, and the meeting itself was fairly positive based on the review. We've had a couple— last couple days, we've had a lot of phone calls from neighbors not wanting this to go through. So Planning Commission meets tomorrow, and we'll see how that goes. But I imagine there'll be a lot of complaint, a lot of A lot of people out discussing the fact of not doing something positive.
I mean, I've driven by it. The house is on a big lot. It's a 70, 80-year-old home is my guess. So I don't know if you're going to do before and after shots. Of course, we'll get advice from the Planning Commission, but it looked to me like it would improve that neighborhood. It's right by Joyce Johnson's place, you know.
So what he wants to do is do 2 homes, one both with accessory Yeah, so it really makes for more of a point. It does increase, obviously. So some of the neighbors are happy to stop and look at it. The other one is going to be, uh, in the CM zone. Right now we don't allow wall signs, but if you drive out there, you'll notice that we have a lot of wall signs. So we're just kind of fixing an oversight on our part and issuing wall signs in the CM zone. So that'll be coming as well.
Okay, great, thanks. Why don't we break and, uh, go ahead and eat and, uh, Jeff, would you like to give a prayer over the food?
Sure. Father in heaven, we humbly bow our heads before thee to express our love and gratitude unto thee. Grateful Father for this food which has been prepared for us, and we pray that thou would bless it, that it will help us to be healthy and strong. We pray that we would use that strength to do good. to serve thy children, to be a positive influence. We're grateful to thee, Father, for the privilege of being here this night, and thank thee for all which thou hast blessed us with. We pray for these things in the name of Jesus Christ, amen.
So real quick, there's chicken, pork, and brisket.
Chicken, pork, and brisket.
So I can use it in my home or on my property according to state law.
So the city can't enforce a more onerous law than that?
No. Just like we can't say, hey, you got to be 25.
No, no, no.
Some cities have their own.
You said you have to be 21 instead of 18? Yeah, I mean, that's smoking a little bit.
So there's recreational and medical. What the state of Utah is doing is regulating medical, not recreational. It's not allowing recreational. You go to Colorado, you go to Oregon, you go to Washington, so, you know, it's free for them.
But I'm glad they're doing it.
It messes with kids' minds.
So the state— so if you're planning to go to Texas, Did you enjoy it? Oh yeah. Yeah, the league has done a lot, uh, funded a lot of people.
Yeah, we drove 20 miles from the south. Oh, from where you were?
But they had the head of the Ag Department for the state, head of the Health Department. With legal, like legal plans. I think state law requires you to have some kind of company account.
We're talking Oregon. Yeah, yeah, we're talking— Tom was just saying that we're out in open fields in Oregon.
No fence, nothing on that.
How do you keep people from going to stop people from Gracely, yeah, I'm sorry.
He knows that. He had no problem the other way.
It's a good issue with teeth in it for tonight, isn't it, Mayor?
Other than the birthday party. Well, that's—
boy, are we glad you joined the council. We get a birthday party just in time.
But we have a lot of people here. You might know what they're here for.
Because in a minute they'll be so excited.
Oh, it was great.
80-something degrees.
Hey, Steve, what school is this?
Smokehouse. I did. Never been to— so the house belongs to—
yeah. What's that? You didn't know that? Did you know the time? Huh? Now when you're— I've been to Yeah, you're really restricted.
Yeah, we really liked it.
We were there.
I didn't know about this until he kind of rather fits right into this. Yeah, that's just more so. Yeah, that's great.
Very family-oriented.
So that was better when it still been in the offices. No, they had an office of management budget.
I don't know how I ran into that. If everybody's done, why don't we go ahead and start back into our meeting? Um, we've gone over the agenda. We do have a council member who would like to That's not really true. Uh-oh, is that a lie?
Well, I mean, I presented on August 6th, but that's fine. I can make up something.
Okay, you go ahead and make up— I just wanted to mention that we each work session, either once a month or twice a month, if it works out, council members can report on their assignments to the rest of the council. as to what's occurring, and that's beneficial to us all. So Dave Spencer is going to present.
Well, on the Beautification Commission, um, they gave out awards for Christmas decorations, so a lot of citizens received those awards, which is really nice.
Do you know how many they gave out? I don't know. So Dave, I did want to mention one thing. Uh, I sat on a board of review for an Eagle Scout And he went to the Beautification Commission to get permission to drill around trees within the city of Orem and put in iron and sulfate because some of the trees were iron deficient, mostly the maples, and you could see them turning on their leaves. And so he actually looked at that and said, why are they turning— why are their leaves turning bad? Contacted the Beautification Commission. talked to the arborist, figured it out, got the materials, and with a bunch of boys went out to a bunch of trees within the city, not necessarily the city-owned trees, but trees within the city, and they drilled down and put the iron in, and the trees now are reviving back. So great project and great help from Aaron Aurelian on that.
Does he sell the service now? Is he going commercial?
He hasn't gone commercial, but he should.
And then on the Recreation Commission, we, we met just last week and we just talked about the fitness center and the progress that the construction is being made. And then also, we're going to take— build 2 new baseball fields out here and then take out the parking lot.
It's come full circle. Yes. Okay. Anything else? So Carl and Jamie and Brent, Maybe we could get a report on the rec center as to what's occurred. Ryan and Brett can probably also speak to that. And Ryan, sure.
Yeah, rec center is moving along very quickly. We asked the question on Thursday also, and we are— they're still telling us April 31st for the pools.
31st?
Correct, there is no 31st. Is it the 1st?
End of April for the pools.
Still talking next January to open.
I believe we're a couple weeks away from a gross maximum price on that.
I mean, it hinges on that, but we'll, we'll see where that ends up. But the deck's all tore up, most of the plumbing's in, the walls on the fast-track stuff is going up. Cool lights are getting ready to go in. We've had a number of times on seating.
So, what is the status on the seating? How is that, how is that going to be set up?
Finding the hole on what we can actually remove of that wall has proved to be different.
So, you haven't decided whether to take the whole wall out, or just cut into it?
We're still working on that. On what we can and can't do, and what's the best way to do. And, we met last Thursday with the architect and the engineer. here trying to design that hole, and then we'll design from there. But it won't be ready for April.
But, uh, um, yeah, we're working through the seating part of it.
Okay, great.
Going fast. They're assembling the crane this week. Structural steel over the locker rooms will start from, I think, on the 20th. And then the concrete tilt-up panels will start getting put up the first week of February. So they have casting beds in place.
If you look at the aerials, you can see those forms kind of being prepped on the gym floor, right?
Correct. Yep. They have their first— it's called honed block, which is a finished block on the interior. Some of that has gone up and it looks really sharp, really nice design, and I'm just amazed how quickly it's moving.
With the tip up, with the tip up, it will go up fast. Yeah, it won't be creep up, it'll be boom. Yeah, all of a sudden it'll be a wall. Yep, big wall.
Our Public Works crews are finishing up about 600 feet of power conduit on the west side of Mountain View, which Which is required to upsize the service from Center Street all the way to the back side of the fitness center.
And they've started installing water main along the north side of the fitness center, tying into what was stubbed out at Connector Road over by Mountain View. So sewer is already in and connected, and now water is going in. Gas is— gas line is in. As soon as that conduit for the power is in, the power company is scheduled to come in the last week of November.
And so on the south, the old entrance, the south parking lot, is that going to be mostly then for the high school and there will not be an entrance there into the rec center? Oh, Carl, you want to address that?
We've got an agreement. They're contributing to the north parking lot build, so we have an agreement with them that it will be campus parking. There won't be anything We'll design the parking lot to encourage our patrons to park on the north. I suspect that the students will still park on the south, but with the connecting road, they'll probably move more to the north. We are putting a temporary or a minimalistic entrance on the south for days when there's a football game, a track meet, something at the high school that's going to take up the north lot. we will advertise and bring our patrons in on the south.
Carl, correct me if you're wrong, if I'm wrong, Mayor, but I think you're asking how is the parking and the entrance going to, I guess, be set up before the dry side of the fitness center is complete. So in other words, when we're— when we just have the pools open, how are we—
I wasn't asking that, but it's a great question.
The south lot will— the south lot will all still be inside the construction zone when the pools are open. We're going to bring people in. If you've looked on the west side, there's a patio there. That will be the entrance for that. The sidewalk will be installed, so our patrons will be parking on the north for when the pool's open.
And are we taking out that median on the north where the buses would turn around?
Yes, that'll all be— that's where we're getting the 230 extra Right. We'll start demolition. Public Works will start demolition in April, and construction will start as soon as school ends. And we have that window to get it put back together before school starts.
And we envision too that south parking lot, we'll need to do some work to rehab it and get it, get it back to where it should be. Obviously with the construction trailers and everything now, We didn't want to do anything, but we anticipate we'll have to do some work on that south parking lot as well and clean it up.
And that'll be the summer year after the first annual guest.
Correct.
All right, Brent? I was going to say, I've talked to a couple of those racquetball players that were vocal.
They're all going to Provo now, so I don't even think we need racquetball courts now.
Oh, hey, they'll be back when they see that these These are cement walls and not panels like Provo has. They won't, they won't stay down there.
It's the same group. They're going down there every morning.
And they are— I mean, ours, the number's only going to be 4, but they are going to be Cadillacs.
They are going to be very, very good sports.
They'll be back. They'll be back.
All right.
And Provo will be willing to do a lot of things with us.
We can work together. So I have one question. Question for our park system. I've had a resident request that we have more doggy bags out, and that our doggy bag containers are not being restocked. So whoever wants to handle that, I thought I'd pass it along. Great.
Do they want to specify not including grooming too?
No, but we do provide doggy bags.
But as an owner, you ought to be somewhat responsible for your pet. When you walk in the street, you have to carry a doggy bag.
When you walk in the park, they provide doggy bags. We want to keep that up.
Yeah, but they ought to have one just in case.
So people in the park are not walking and dog eating.
I mean, that's the pet owner's responsibility too.
Well, I'm just saying, we provide them, we need to—
But when they run out, what do they do? They— it's not an eternal supply. It will be empty, and then you bring in new ones. There will be that day. They ought to be self-prepared as well.
I'm just saying we have provided them.
Yeah, and we will, but they ought to be— they ought to be a Boy Scout.
I'll let you tell them that.
I will. I mean, you don't have the courage to tell them that, Mayor.
It's not courage. You can tell them that.
Okay.
It's not from the courage. Thanks for the scoop, Mayor.
Crap happens. All right, we're going to stop that conversation.
So if there's nothing else, let's go ahead and close. And we're closing at 10 minutes to so that everybody can be on the dais ready to go right on time. So let's go ahead and adjourn and move over.
So it'll be 5 after?
Oh man. Oh, I get to sit next to Jeff, sweet. Sweet. Hey.
Okay, so how much time we got? So it's fun, it's fun to know that we got time. First thing— I never walk away from a hug. Are you John and Leah? Hi. How are you? Good to meet you. Nice to meet you very much. How are you? Thank you for volunteering. It's just my pleasure. And that's the microphone. You just put it where you want it. Okay, awesome.
We would like to welcome everyone out to our city council meeting this evening. I would like to call this meeting to order. We would like to begin with a prayer to be given by John Westover and the Pledge of Allegiance to be given by Leah Westover.
Our loving Heavenly Father, we're grateful for this beautiful evening and the opportunity to be here to conduct city business. We ask thy blessing to be with our city officials as well as our state and national officials, that they might be able to have insight and wisdom into the pressing challenges facing our communities. Please bless them that they can lead with integrity and courage as they try to tackle our most pressing challenges. We're grateful for the many blessings we enjoy and for this great community. And we say these things in the name of thy Son, Jesus Christ. Amen.
Amen.
Please stand. Repeat the Pledge of Allegiance with me. I pledge allegiance to the flag of the United States 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. You may be seated.
Thank you, John and Leah. We appreciate it. I'd like to go over one upcoming event, and that is on January 29th, we have the Utah League of Cities and Towns Local Officials Day from 7:00 AM to 2:00 PM at the State Capitol and at the Salt Palace Convention Center. We'll now go into our personal appearance portion of our program, and we have Phil Murphy who has signed up, and I would ask that you keep your comments to 3 minutes and give us your name when you come to the podium.
Good evening, my name is Phil Murphy. Uh, very light on the schedule today. You do not have many people in here. It's good and bad. Uh, new year, it's exciting to see a lot of new faces, familiar faces on the council. Thank you very much for your commitment to serve and to be council members and to listen to the voice of the citizens. Elections have taken place. people have spoken. A lot of new things have happened for this year, a lot of things I'm sure are going to be happening. With that in mind, I'm just still concerned about some recent meetings that took place with city employees and comments that were made specifically to police officers and firefighters. And it's very offensive that comments could have been extended to them in which Terms were said or represented to them that they are the most expensive employees at the city and they're only needed when called. As a former first responder, that's offensive. Would we say that to our soldiers and to military people at time of war, that you're only needed when called? But for a city manager to go in front of somebody And to say that to firefighters is offensive. You probably didn't hear it and you weren't there. I would strongly encourage you to be to those meetings and to hear some of the comments that were said. There was another comment that sounds like a junior high student pitting mom against dad, in which some of the recent problems of the city were blamed on the city council. That's wrong. I would just let you know the citizens are watching and are listening. They're listening to the first responders and their concerns. There are first responders still leaving the city. They're testing to go to other cities. That's offensive and it's wrong. You as a council, to use the own city manager's terms, need to rein in the city manager, hold him accountable and responsible for some of the things that he has said, and it would be greatly appreciated. Thank you.
Thank you. We have nobody else that has signed up, and so we will go ahead and close the personal appearance portion of our meeting and move on to our consent items. We have one consent item. That's the minutes of the City Council meeting December 10th, 2019. If anyone would like to put that onto the regular schedule, we can do so. If not, we will go ahead and vote to approve it. Anyone care to move that to a scheduled item? Okay, so let's go ahead and I would take a motion to approve the consent items. So moved. So moved. And a second? Second. Okay, we'll start with Councilmember Spencer.
Aye.
Aye. Aye. Aye.
Aye.
Okay, the consent items pass. We'll move on to our first scheduled item, which is a public hearing for an ordinance amending code by enacting Section 22-14-21C Requirements for cannabis production establishment and medical cannabis pharmacy, and amending Appendix A by enacting Standard Land Use Codes 2140, cannabis production establishment subject to the requirements of Section 22-14-21C, and 5920, medical cannabis pharmacy subject to the requirements of Section 22-14- And our presenter is Jason Bench. We'll turn the time over to you.
Thank you, Mayor, members of the council. Tonight we're here to codify some ordinances pertaining to the cannabis production and pharmacy requirements that were passed by House Bill 3001 on December 3rd, 2018, after the November 18th, 2018 election where Proposition 2 was passed. The state law does allow us to limit where these, these production facilities can be, where they can produce this cannabis material. They do— are required under state law to go in any manufacturing zone. The state does allow cities to limit it to one manufacturing zone. So we're here tonight to present that the city should amend the ordinance to allow basically enact the cannabis production, but also then limit it to the M-2 zone. At the same time, we're proposing to put in limitations as far as where they can be located, the types of signage that are required, and other things like that. So the first section that I'm showing here is just the definitions of what a cannabis production establishment means, what a community location means, and where the pharmacy can be located. So those are taken out of state law as well. The cannabis production establishment is limited to 600 feet from any primary residential zone and 1,000 feet from any community location, which are parks, schools, things like that. And then a part of that, we're also limiting the amount of signage that they can have, a 4-foot by 5-foot size sign, which basically limits the name of the establishment, and then they could have a potential to have a green across that you see in other states where they legalized the marijuana. They do require a business license and other things of that nature. The same is true with the medical cannabis pharmacy. They are limited to the location as well. And one of the things that we are adding is that upon request, the chief of police could ask for their records to show their distribution and other things related to their pharmacy or production. So as part of the land use codes, we are limiting, like I say, the cannabis production establishment facilities to the M-2 zone. State law does prohibit cities from limiting where the pharmacy can go, but it does have to go in any, any commercial zone that's not predominantly residential. So you can see the PO all the way through the business park zones. So the Planning Commission did review this and did recommend that the council approve this as I'd be glad to address any questions.
So Jason, the, um, first of all, the legislature has passed a law that we as a city are required to follow, and we are establishing a place for the production of cannabis in one of 3 zones that it could be in place, and this one is in the M-2 zone. Can you tell us where the M-2 zone is?
So the majority of M-2 is west of I-15, typically from about 1,000 south, roughly on Geneva Road, up to about 1,600 north on Geneva Road.
And our— what we're putting into code is that if someone were to come to that area, they would have to keep their production indoors rather than allow it outdoors.
Correct.
As noted, anyone that is to be able to do this has to have a license from the state, and presently there are only 14 facilities in the state being licensed to do this.
That's correct, yes.
And as far as a pharmacy, a pharmacy could be anywhere within the city, but again, it has to be licensed by the state and approved, and so they have a very strict control over what's going on.
Yes, they still have to meet the 600-foot residential requirement and the 1,000-foot as well.
Yes. Okay. All right, let me go— Councillor MacDonald.
Jason, I assume until the last week or two you were not an expert on this area of law. How did you— are there people you went to to figure out what we could do so that we know that our law is in harmony? I assume you have legal counsel, but they weren't experts a month ago either. How did we get the information to the League of Cities and Towns? Who helped us with this information?
So I will turn the time to Steve. Steve did a lot of research as far as other cities and other ordinances and what the state law entailed and how they— he came up with the requirements.
So basically the first point of research was just to review the bill that was passed by the state legislature, which is, you know, about that thick. And then the League, as you mentioned, prepared a pretty detailed analysis of what that the cities were required to do under this bill, things we could do, things we couldn't do. And then in the course of preparing this draft ordinance, I looked at a number of other Utah cities that were preparing ordinances and, and looked at the kinds of things that they were— the limitations and restrictions they were placed on that, and then looked at some national things as well. And so from that, we kind of distilled all that down into the ordinances before you tonight. Thank you.
And we think they passed the litmus test of being defendable and—
Yeah, yeah. I mean, most, most of what you see here is basically things that are already state requirements. And then what we've done is we've added some additional restrictions on that that the state did not include in there. So we're actually narrowing the scope of what the legislature has already approved. To the extent that we can. The legislature does tie our hands to some extent. We can't outright prohibit these types of facilities from coming into the city, but we can place some operational restrictions on them. For example, requiring that the medical cannabis be grown inside a building, that products not be viewable from outside the building, that all odors and emanations from a production facility have to be contained within the building. things like that. Those kinds of restrictions are not in state law, but there are things that we have placed in our ordinances, operational restrictions.
Thank you.
Councilmember Spencer.
So Jason, on the— so the zone is, you said, from 1,000 south to 1,600 north, basically on the east side of Geneva Road?
So, but on the east side of Geneva and west of I-15.
OK. So from 1,000 south to 1,600 south.
Not all that property is M-2. That's kind of the general area.
That's the general. And how— I guess you couldn't show us the M-2 zone? Or could you show us that?
Rough. Let me pull up a map real quick. OK.
Sorry to put you on the spot.
If I were a good Boy Scout, I'd have brought a map, but I I think you did bring them out, though. So roughly you can see the top of the map is roughly 1,600 north. Well, it's about 1,200 north, actually, to the top of the map. All the way down, you can see 4th south at the bottom. And then you can see I-15 running parallel up and north-south and then Geneva Road. That area right there is the M-2 zone. Let me draw it on my— see if this thing will work here. Nope. Yeah, my pointer's not going to work. Sorry.
I think it's okay, Ryan. I think we can figure that out.
It's okay, Ryan. We got the idea, I think.
We're okay. We're okay. All right, thank you.
It's still going to be limited. Even as it allowed in the M-2 zone, there's still going to be restrictions as far as how the proximity to a residential zone is still 600 feet. You've got parks, you've got other facilities in that area which will stretch it to 1,000. So there's going to be very limited areas within that M-2 zone that can—
So after the public hearing, maybe you could— when it brings— it comes back to the council, you can show us that. Thank you.
Okay, Councilmember Larray.
So it's my understanding that there are 3 pharmacies in Utah County that have been given licenses by the state. Can you give me an idea, have you had a lot of inquiries, demand? I know we're trying to be proactive here, but can you give me an idea of just the demand that you're working with?
We had several phone calls prior to Christmas, the holiday. That wanted— one out of Florida, I think one out of Colorado— multiple calls trying to get us to agree to allow these types of facilities. They had selected a parcel in this area and wanted the city to give them some type of verification that they can go there. And we basically told them no, we were not going to give them a verification. We were working on this ordinance, and until such time as the council decided, we were not going to give them something in writing, which is what they wanted. So I think they went to other jurisdictions and maybe got something in writing. from them. But at that time, we weren't comfortable giving that until such time as the council acted. So we did have inquiries, but, but give no firm commitment on the city's part to locate in that location.
Thank you.
Maybe I could just clarify that too, Jason. The state gives a license on the production of it to certain people. There's 14 of them. They also give a license to the pharmacy And they had many more pharmacies apply than they gave licenses out for, and they specify which pharmacy meets their requirements and they give them the license.
Right. I think they were just more speculating, and we just weren't comfortable giving them any indication that Warren was willing to locate without having some code in place.
Sure. Councilmember Sumner?
That answered part of my question, but, um, the 14 production facilities If there's an assigned pharmacy in Orem, I mean, we can get the cannabis from Provo or Lindon. Is that right?
At this point, there's no production facility, but there still could be a pharmacy. So I don't know if they've actually given licenses out for the pharmacies. The 14 refer to the actual manufacturing of the cannabis, which is— we're not part of that. So there's one in Lindon, Provo, and then Springville, I believe.
So we could still have a pharmacy then?
We potentially could, yes.
Could we have multiple pharmacies?
As long as they met the distance requirements, they could. And the state law allows— requires us to require that. Okay, so there's no limitation.
And this is medical marijuana, so this is not recreational use? Correct. So even though you have a pharmacy, for you to be able to buy the medical marijuana, you have to have a prescription from a certified physician who has been certified by the state to give out a prescription for medical cannabis or marijuana. So it's a really strict setup all the way down the line.
So it's not going to be typical like you see in Portland or other areas that allow it legally as far as marijuana.
And not every doctor has the right to give a prescription. There are only certain doctors within the state that are being given the right to give prescriptions And they have very strict requirements as to what meets as for being able to get medical marijuana for an individual.
Yeah, I mean, I could be totally out in left field, but I don't think we're gonna get a run on pharmacies, 'cause it's gonna be limited on the number of prescriptions and things that are allowed. And so I don't think it's gonna be an open, you know, we're gonna have 5 or 6 of those in Warren. We may have one, but I don't think we're gonna have a lot.
Okay. This is a public hearing, so I'd like to open it up to the public. Anybody— anyone who would wish to make a public comment is welcome to come forward to the podium. Hold your comments to 3 minutes and give us your name when you go to the podium. Seeing as how no one is coming forward for the public comment portion of the public hearing, we'll bring it back to The council. And, uh, do we have any further discussion? Councilor McDonald?
I appreciate the work that's been done by both our legal team and our ordinance workers, and this is an area where I definitely want to be state compliant. I want to abide by the rules of the state, and I want to provide pharmacy help for those who need it. But it's an area for growers and producers that I'm happy not to be the most business-friendly place in the county. And so I appreciate what you have done, and I plan to vote in favor of this. Thank you.
Any other comments? Councilmember Spencer.
Ryan, could you point that out?
Yeah, so everything in gray— that's right here in the middle— is the M-2 zone. It starts at 1200 North where the light blue is. 1200 North, okay. And then carries all the way down along the freeway frontage between Geneva Road and the freeway, essentially down until you hit About—
what is that? It's about 6 south, 6 or 8 south. Okay. And then the light gray you can see is the M-1 zone, so that's not going to be part of it.
Could you explain the color codes again? I understand gray is when it can be produced, is that right?
So the dark gray? Yes. There's 2 light grays in there as well, which would be prohibited. So it's just the very dark gray. And you can see on the east side of the map Right side, I guess, is the residential zones, the colors. So they have to be 1,000 feet from there. So if you take that across, I mean, you have I-15 running down there as well. And then you've got Vineyard on the other side that will have some residential. So there is some limitations based on distances.
And if someone built residential in this gray area with permission, it would limit how close to them they could produce?
Correct. If it's a residential zone, yes.
Councilmember Pedersen.
So, yeah, several comments about this. You know, I, as we all do, have friends that deal with chronic pain, and I know that that is a terrible way to go through life. I also have friends that, as I think many of us do too, also that deal with addictions, and that's also a terrible way to go through life. I also respect our first responders who deal with the people who are impaired through substance abuse and addiction. I will vote against this amendment because I don't want Orem to be known as a city that is welcoming this change. As we learned in our study session, there's a lot of cities that are not doing anything about this, and I don't want to be— I will vote against running out and saying, well, here's a zone that we are willing to But, you know, go ahead and if we ever get the opportunity to have a production plant, you could put it in this zone. My understanding is there's 14 throughout the state and there's a big push. I mean, a lot of people are rallying to try to be able to put their— you know, put your production plant in our state, in our city. So because of these areas, I would like to see the state legislature get a message from us that No, we don't welcome it. In fact, we're opposed to it.
I understand it's a state law, but hopefully the state— our state representatives will also honor the wishes of the citizens of Orem. So I will be— I will vote against it.
Any other comments? Question on your zoning there, Jason. If you could go down a little further towards the south. Okay, right there. So we do have a new temple coming in, and we have a temple site. Can you tell us where the temple site is in comparison to that zone?
So that blue in the top of the box, it's the— The green below it. It's the green right below it.
It has the white space. It's the church property.
So the gray to the west of that is a CM zone, which we would prohibit from locating in that zone. So it would be—
The gray to the west or the gray to the east?
Gray to the west. The grade to the east is I-15, so there would be nothing located in that location because that's really the I-15 corridor.
Okay. Yeah. Okay. Councilor McDonald?
Yeah, point of clarity, Jason. If we do nothing, as Terry has suggested, and they want to come in, can't they go anywhere they want to?
They could go in any of the 3 manufacturing zones, so they could go in the CM, the M-1, or the M-2. If we choose not to—
So if we do nothing, we provide more opportunities for them to open up shop, not less opportunities. Is that correct? That's correct.
Yeah.
Okay. Any other comments from the council? Okay. I would accept a motion. I'll go ahead and make a motion. I make a motion to amend the Orem City Code by enacting Section 22-14-21C, requirements for cannabis production establishment and medical cannabis pharmacy, and amending Appendix A by enacting Standard Land Use Codes 2140, cannabis production establishment, subject to the requirements of Section 22-14-21C. Second. —21 and 5920, medical cannabis pharmacy subject to the requirements of Section 22-14-21. Is there a second? Okay, you have to turn your microphone—
Light's on.
Yeah, you have to speak into it then.
Second.
Okay, we'll go ahead and start. Councilmember Spencer. Aye.
Aye.
Aye.
Aye.
Aye. Aye. Aye.
Okay, the ordinance passes. Thank you, Jason and Ryan, we appreciate it. Jamie, do we have any communication items from city manager?
No, just that we'd like to wish Councilmember Pedersen a happy birthday, and we'd invite you to join him in room 107 for a happy birthday treat.
Okay, if there's no further business, is there a motion to adjourn? So moved. Okay, is there a second? Second. Okay, all in favor say aye. Aye. We're adjourned to room 107 for a birthday party.
City Council Minutes – January 14, 2020 (p.1) A complete video of the meeting can be found at www.orem.org/meetings CITY OF OREM CITY COUNCIL MEETING 56 North State Street Orem, Utah January 14, 2020 3:30 P.M. CITY BUSINESS – CITY COUNCIL CONFERENCE ROOM With the 2019 Election and the addition of two new councilmembers, the City Council planned to take new group and individual photos. The photographer had a scheduling conflict and was unavailable, so the photos would be taken at a later date yet to be determined. 4:30 P.M. WORK SESSION – CITY COUNCIL CONFERENCE ROOM CONDUCTING Mayor Richard F. Brunst ELECTED OFFICIALS Jeff Lambson, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, and Brent Sumner APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Steven Downs, Deputy City Manager; Greg Stephens, City Attorney; Scott Gurney, Fire Chief; Gary Giles, Police Chief; Ryan Clark, Development Services Director; Charlene Crozier, Library Director; Chris Tschirki, Public Works Department Manager; Brandon Nelson, Finance Department Manager; Karl Hirst, Recreation Department Manager; Steve Earl, Deputy City Attorney and Jackie Lambert, Deputy City Recorder REVIEW – Officer-Involved Critical Incident Protocol (OICI) Before he began his review of the OICI, Chief Giles introduced the new vests that Orem police officers were wearing while on duty. He said duty belts, which had been the standard for many years, carried equipment weighing around 20 to 30 pounds and often led to hip and lower-back issues for officers. The new load-bearing vest distributed the weight of the equipment better, and made equipment easier to reach when needed. Chief Giles reviewed the improvements of the materials and design, including panels for bullet-proof plates to be inserted. He said most officers were already wearing the more functional vest, and he passed his own vest around for those that wanted to see the vest up close. Chief Giles said the OICI was a new protocol that was developed by all the police chiefs in Utah County. The intention was to improve on the current protocol that was erroneously called “Officer- Involved Shooting” protocol. The new OICI protocol addressed all officer-involved critical incidents, and would be conducted simultaneous to administrative investigations of incidents. Chief Giles shared the work flow of the OICI protocol, and explained that the venue agency would be whatever agency the involved officer was a part of. The Task Force Manager/Commanders DRAFT City Council Minutes – January 14, 2020(p.2) A complete video of the meeting can be found at www.orem.org/meetings would be three case officers selected from agencies outside of the venue agency, as would the other investigating case officers, to ensure an objective and transparent investigation of an incident. There was continued discussion on the OICI protocol, including what did or did not activate the protocol team. Mr. Davidson asked if the new protocol would speed up the timeline on these investigations. Chief Giles said they hoped that it would, but often multiple investigations were being conducted and information could not be released; timelines were generally determined by the type of incident that occurred. Chief Giles finished outlining the OICI protocol and shared recent examples of the protocol in action in Orem. Mayor Brunst had questions for Chief Giles on separate issues; he said he had been contacted by residents regarding massage parlors and gambling machines in the city. Chief Giles said there were ongoing investigations regarding both of those issues, and said that additional agencies were involved in those investigations including Homeland Security. Mr. Stephens added that there was a case currently before the Attorney General’s Office regarding the so-called “amusement machines” that would determine how law enforcement could proceed. Agenda Review & Preview of Upcoming Agenda Items The City Council discussed the items on the evening’s agenda; Mr. Bench and Mr. Earl provided additional information regarding the scheduled item. The City Council also briefly reviewed items that would be coming before the Council in future meetings. City Council Reports (Boards and Commissions, New Business, Etc.) Mr. Spencer briefly updated the Council on his committee assignments. He said the Beautification Advisory Commission had presented many neighborhood improvement awards for holiday decorations. The Recreation Advisory Commission had their first meeting of the year where they received an update on the new Fitness Center project. At the request of the Mayor, Mr. Hirst shared additional information regarding the progress of the Fitness Center project. He said the pool was scheduled to reopen at the end of April, and they had not yet determined where the spectator bleachers would be added. Discussion continued, regarding the project and specifically parking for the Fitness Center. Mr. Bybee clarified that the south parking lot would still be within the construction zone when the pool was ready to open, but patrons would be able to park in the north parking lot. He added that the median currently in the Mountain View High School (MVHS) lot would be removed to accommodate more parking stalls. Mayor Brunst mentioned that doggy cleanup bags were needed to restock the cleanup stations in city parks; Mr. Tschirki said he would speak to his colleagues about that matter. Mr. Macdonald commented that while the city did have cleanup stations that typically had bags, he felt dog owners should take some personal responsibility in bringing their owns bags for the times when the stations were out of stock. City Council Minutes – January 14, 2020 (p.3) A complete video of the meeting can be found at www.orem.org/meetings 6:00 P.M. REGULAR SESSION – COUNCIL CHAMBERS CONDUCTING Mayor Richard F. Brunst ELECTED OFFICIALS Jeff Lambson, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, and Brent Sumner APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Steven Downs, Deputy City Manager; Greg Stephens, City Attorney; Scott Gurney, Fire Chief; Gary Giles, Police Chief; Ryan Clark, Development Services Director; Charlene Crozier, Library Director; Public Works Director; Brandon Nelson, Finance Department Manager; Jason Bench, Planning Division Manager; Steve Earl, Deputy City Attorney; Ernesto Lazalde, IT Division Manager; and Jackie Lambert, Deputy City Recorder INVOCATION / INSPIRATIONAL THOUGHT Jon Westover PLEDGE OF ALLEGIANCE Lia Westover MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL UPCOMING EVENTS Mayor Brunst reviewed the upcoming events, as listed in the agenda packet. PERSONAL APPEARANCES Time was allotted for the public to express their ideas, concerns, and comments on items not scheduled as public hearings on the agenda. Those wishing to speak should have signed in prior to the meeting, and comments were limited to three minutes or less. Phil Murphy said it was a new year and new things were coming. He was excited to see some new faces among the familiar faces. He said there had been recent meetings with city employees and he was particularly concerned by the comments made to police and fire fighters. Mr. Murphy said it was offensive to call police and fire fighters the “most expensive employees” and to say they were only needed when called. He encouraged the Council to attend those meetings, and said some things were being blamed on the City Council that he felt should not have been. Mr. Murphy said law enforcement officers were still leaving Orem, and he asked the Council to “reign Mr. Davidson in” and consider the matter seriously. CONSENT ITEMS DRAFT City Council Minutes – January 14, 2020(p.4) A complete video of the meeting can be found at www.orem.org/meetings • Approval of the December 10, 2019 City Council Meeting Minutes Mr. Macdonald moved to approve the Consent Agenda as listed. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Jeff Lambson, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, and Brent Sumner. The motion passed. SCHEDULES ITEMS PUBLIC HEARING ORDINANCE – Amending Orem City Code by enacting Section 22-14-21(C) Requirements for Cannabis Production Establishment and Medical Cannabis Pharmacy and amending Appendix A by enacting Standard Land Use Codes 2140 Cannabis Production Establishment (Subject to the requirements of Section 22-14-21(C)) and 5920 Medical Cannabis Pharmacy (Subject to the requirements of Section 22-14-21(C)) Mr. Bench said that in November 2018, Utah voters approved Proposition 2 which made medical marijuana legal in the state. The state legislature passed House Bill 3001 on December 3, 2018 which was signed by the Governor and became law. Among the elements of the bill specific to cities was a requirement that cities provide in their zoning code a place for cannabis cultivation facilities and cannabis pharmacies. The licensing for the cultivation facilities and the pharmacies were regulated by the state; the cities must allow for the use in their code. The proposed amendments to Appendix A included enacting two new Standard Land Use Codes 2140 Cannabis Production Establishment (Subject to the requirements of Section 22-14-21(C)) and 5920 Medical Cannabis Pharmacy (Subject to the requirements of Section 22-14-21(C)). SLU Code 2140 would allow a cannabis production establishment (cultivation) in the M2 manufacturing zone only. This would meet the requirement stipulated in state law. In addition, SLU Code 5920 would allow a medical cannabis pharmacy in all zones that were not primarily residential zones subject to a separation requirement. These zones included the PO, C1, C2, C3, HS, M1, M2, CM, and BP zones. This would also meet the requirement stipulated in state law. Additionally, Section 22-14-21(C) Requirements for Cannabis Production Establishment and Medical Cannabis Pharmacy would provide additional requirements pertaining to both the production and sale of medical cannabis. Mr. Bench reviewed the additional requirement the City was proposing, including that the Orem Police Department could review the criminal backgrounds of applicants and that cannabis production must be done in an indoor facility. Mayor Brunst wanted to clarify that the proposal would not only comply with state law, but allowed the City more control by including specific requirements in Orem’s code. Mr. Bench said that was correct, and commented that state law already had strict controls in place but the city was able to supplement that in their code. Mr. Macdonald asked the process by which staff determined the additional requirements in the proposal. Mr. Bench said Mr. Earl had done extensive research on the subject. Mr. Earl said he reviewed the bill passed by the state, as well as the detailed analysis the Utah League of Cities and Towns had prepared. He also reviewed ordinances in other Utah cities to see what limitations they City Council Minutes – January 14, 2020 (p.5) A complete video of the meeting can be found at www.orem.org/meetings were establishing. All of the additional requirements this proposal included met state law, but their “hands were tied” in that the City could not deny these requests outright. Mr. Spencer asked for clarification on the zoning area they were proposing to allow the cannabis- related land uses. Mr. Bench showed an aerial map, and said that zoning would not be the only factor in limiting where these facilities could be. There were restrictions set by the state regarding proximity to schools, which would limit options for these facilities. Mrs. Lauret said she understood that the State had licensed three cities in Utah County (Lindon, Provo, and Springville) of the 14 licenses they issued to allow for cannabis cultivation facilities and cannabis pharmacies. She was curious about the interest in Orem for these kinds of facilities. Mr. Bench said there had been a handful of phone calls before the end of the year, but they were only speculative inquiries and the City gave no confirmations on anything other than Orem was not a state-licensed city at this time. Mr. Sumner asked if multiple facilities would be opened in cities with a cannabis license. Mr. Bench said it was possible, but would depend on distance requirements. The state had identified manufacturing zones as acceptable zones for cultivation facilities, but none were allowed in residential or commercial zones. Cannabis pharmacies would be allowed in commercial zones and the designated M2 zone if the ordinance were passed. Mayor Brunst opened the public hearing at 6:17 p.m. No one came forward to speak, so he closed the public hearing. Mr. Macdonald said he appreciated the work staff had put into this proposal to ensure that they were meeting state requirements but also protection Orem for the future. Mr. Clark showed the Zoning Map of Orem to clarify the allowed zoning location. He said of the three zones the state said these facilities could go, the proposal was to only allow them in one zone. He added that growth in Vineyard would also affect the distance requirements for cannabis facilities. Mayor Brunst pointed out the location for the announced temple for the Church of Jesus Christ of Latter- day Saints, and said he thought that would also be a factor in distance requirements. Mr. Peterson commented that living with chronic pain was a difficult way to go through life; on the other hand, living with addiction was also a difficult way to go through life. He did not want to appear to be in favor on any level of allowing these kinds of facilities in Orem, so he planned to vote against the proposed ordinance. While he understood that state law prohibited the outright denial of such proposals, he felt they could send a message by not changing their code to accommodate these cannabis facilities. Mr. Macdonald said that if the City Council did nothing, these cannabis facilities could go anywhere in the state-identified zoning areas. By adding restrictions in the city code they were making those facilities more expensive to operate, which would work in favor of discouraging cannabis facilities to move into Orem. Mayor Brunst moved, by ordinance, to amend Orem City Code by enacting Section 22-14-21(C) Requirements for Cannabis Production Establishment and Medical Cannabis Pharmacy and amend Appendix A by enacting Standard Land Use Codes 2140 Cannabis Production Establishment (Subject to the requirements of Section 22-14-21(C)) and 5920 Medical Cannabis Pharmacy DRAFT City Council Minutes – January 14, 2020(p.6) A complete video of the meeting can be found at www.orem.org/meetings (Subject to the requirements of Section 22-14-21(C)). Mr. Lambson seconded the motion. Those voting aye: Richard F. Brunst, Jeff Lambson, Debby Lauret, Tom Macdonald, David Spencer, and Brent Sumner. Those voting nay: Terry Peterson. The motion passed. COMMUNICATION ITEMS The Monthly Financial Summary for November 2019 was included in the packets distributed to the Council. CITY MANAGER INFORMATION ITEMS Mr. Davidson said he had no additional information to share, but reminded that Council that they had treats to celebrate Mr. Peterson’s birthday in Room #107. ADJOURNMENT Mr. Spencer moved to adjourn the meeting. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Jeff Lambson, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, and Brent Sumner. The motion passed. The meeting adjourned at 6:24 p.m. JoD’Ann Bates, City Recorder Approved: January 28, 2020