City Council · 2020-11-10
City Council - 2020-11-10 (Google Drive recording)
Agenda items and what happened
| Item | Outcome | Source |
|---|---|---|
| Proposed City Council Meeting Schedule 2021 work session |
discussed only | p.1 |
| Mayor Pro Tem - January through June 2021 work session |
discussed only | p.1 |
| Demonstration - 'Hey Orem' work session |
discussed only | p.2 |
| Discussion - Public Works Utility Master Plan work session |
discussed only | p.2 |
| Report - Metropolitan Water District of Orem 2020 Annual Report regular session |
presented only | p.5 |
| Appointments to Boards and Commissions - Orem Neighborhood Advisory Commission regular session |
approved | p.5 |
| Resolution - Approval of certain sections of the City Manager's Department Retention Schedule regular session |
approved | p.5 |
| Public Hearing/Resolution - CDBG Projected Use of Funds for CARES Act CDBG-CV funding; substantial amendment to 2019-2020 Annual Action Plan regular session |
approved | p.6 |
| Public Hearing/Ordinance - Amending SLU Code 6413 (Automobile Repair) and enacting SLU Code 6414 (Auto Body Repair and Paint) regular session · Planning Commission recommended approval |
approved | p.7 |
| Public Hearing/Ordinance - Rezone approximately 2.16 acres from OS5 to C2 at approximately 2000 South Geneva Road regular session Direction: Council directed that a development agreement addressing lighting (and possibly other issues) be worked out with the applicant before the item returns for a decision. |
continued to December 8, 2020 |
p.7 |
| Public Hearing/Ordinance - Amending Hub District (HD) zone Section 22-24-2 to enact HD-Edge zone and related amendments; rezone portions of 314 E University Pkwy, 212 E University Pkwy, and 1315 S State St from HD to HD-Edge regular session · Planning Commission recommended approval |
approved | p.10 |
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. David Spencer. | Richard Brunst | ✓ Passed | p.5 |
| By resolution, to approve a substantial amendment to the 2019-2020 Annual Action Plan of the Community Development Block Grant (CDBG) Projected Use of Funds for CARES ACT CDBG-CV funding. | Richard Brunst 2nd Tom Macdonald |
✓ Passed | p.6 |
| To approve an Ordinance Amending Appendix A of the Orem City Code by amending Standard Land Use Code 6413 from Automobile Repair to Automobile Repair (Mechanical Only) and enacting Standard Land Use Code 6414 Auto Body Repair and Paint. | Richard Brunst 2nd Debby Lauret |
✓ Passed | p.7 |
| To continue the item to Amend Article 22-5-3(A) and the zoning map of the City of Orem by changing the zoning of approximately 2.16 acres from the OS5 zone to the C2 zone at approximately 2000 South Geneva Road to the next regularly schedules City Council meeting of December 8, 2020. | Richard Brunst 2nd Debby Lauret |
✓ Passed | p.9 |
| To Amending portions of Section 22-24-2 The Hub District (HD) zones of the Orem City Code pertaining to enacting the Edge zone adjacent to University Parkway and modifications to the overall height requirement and permitted uses including use SLU code 6510 in the Edge zone and other amendments including enacting Sections 22-24-2(J) Sidewalks and Landscaping and 22-24-2(K) Alternate Development Standards for the HD-E Zone. In addition, amending Section 22-5-3(A) and the zoning map of the City of Orem by rezoning portions of the properties located generally at 314 East University Parkway, 212 East University Parkway and 1315 South State Street from the HD zone to the HD-Edge zone. | Richard Brunst 2nd David Spencer |
✓ Passed | p.11 |
| To adjourn the meeting. | Terry Peterson 2nd David Spencer |
✓ Passed | p.11 |
I want to read a statement about electronic meetings. So pursuant to Mayor Richard F. Brunt's proclamation dated November 1st, 2020, the Orem City Council meeting on November 10th, 2020 will be an all-electronic meeting. There will be no anchor location for the meeting. The city cannot ensure the recommended minimum of 6 feet of social distancing for meeting participants at the usual anchor location in the Orem City Council Chambers. Therefore, holding the meeting at the City Council Chambers would present a substantial risk to the health and safety of those who may be present at the meeting and may contribute to the spread of COVID-19. There will be no public access to the Orem City Council Chambers. Those desiring to view or participate in the meeting must do so electronically. To view the meeting, please go to aurum.org/meetings. We would like to go ahead now and begin our work session, and we'll start off with the discussion on proposed City Council meeting schedule and turn the time over to Jody Bates. And this is for— 2021. Jody, you there?
I am.
Thank you, Mayor and Council. I'm going to try and share my screen, I'm hoping. Okay, can you see the calendar?
Yes.
Okay, I just— as everybody knows, at this time of year, the City Council needs to look forward into next year's schedule. For city council meetings. Typically, city council meetings are held on the 2nd and 4th Tuesday. This schedule has been sent around to all department heads, and the council has had it in their packet. We have been able to, with conferences and Alpine School District schedules, been able to stick with that 2nd and 4th Tuesday throughout the year, with a few exceptions. In June, you'll see that we bumped it back. We were fortunate enough to have a 5th Tuesday. The reason we had to bump it back a week for both of those is that Summerfest is typically the week of the 8th, so we wanted to avoid having a meeting that week.
Also—
Glad to see you're optimistic.
We're getting back to somewhat normal next year. We're going to have a Summerfest.
That's good.
And then November, we bumped it back a week just due to— normally we would have had it November 9th, but with the election being on November 2nd, And the City Council accepting and approving the election 2 weeks later, we just bumped City Council back to the 16th so we could do it all in one meeting instead of having a regular City Council, then a special meeting on the 16th. So if there's not any issues with anybody, this will come before the Council in December for— on the consent calendar for approval.
And we have one meeting in July, one in November, and one in December.
Yes.
Okay.
All right, anyone have any questions? All right, thank you, Jodi. Let's go ahead and move on to mayor pro tem. I want to thank Terry Peterson for serving as mayor pro tem for the last 5 months and hopefully one more. I would like to suggest that Jeff Lampson be nominated to serve as the mayor pro tem January through June 2021. Uh, is everyone okay with that?
Yes.
Yes.
Okay, Jeff has accepted that, uh, and is willing to participate, so if there's no nays, we'll move that direction. Uh, the next area is a demonstration on hay Oram. by David Olbrecht and Pete Wolfley. So we'll turn the time over to them.
Okay.
Thank you, Mayor and Council. Oh, sorry, I'm reverberating.
We get to hear you twice.
Okay, sorry about that echo. So we're excited to demonstrate HeyOram for you, which is our new citizen ticketing program. So this is kind of phase 2. Before we had Windia, and now we've moved away from that. And David, as long as some of— along with some of our other IT staff, have been working hard for the last several months to create a new program that's a little bit— that's way more mobile-friendly, simple to use, and works better for employees and staff and the public. So I'm going to turn the time over to David, and he's going to show you how to get Hey Orem onto your cell phones.
And Pete, if I may, one of the reasons we're showing this to you, Council, is we have had— I have had conversations with several of you in regards to, hey, is there a way for us where we, when we have a particular citizen concern or complaint, rather than just reaching out through email, is there a way that we could go into some sort of system and log that complaint And then as staff, we could assign ownership of that issue to a particular individual. And then in turn, when that matter is resolved, we could report back to you in an efficient way to let you know that the issue that you brought forward has been taken care of.
Does it require us to reenter information? We're forwarding an email, super easy. I don't want to have to reenter.
Well, I would imagine you would have to essentially create a ticket, but then I also believe you could essentially attach the email as the issue. And that's what I think Pete and Dave can show you.
Yeah.
Is there also an option to just forward it to Pete and let him do it?
Yes.
Yeah, there is. I mean, Tom, this honestly, one of this, this is, And somewhat has come from a request from you and others on the council of, I want to get this into the system so it gets to the right person. And I don't know who that is.
This—
am I bothering the wrong person by sending this to you?
This is—
this is to hopefully not put you in a situation where you feel like maybe you're bothering somebody by getting it to the wrong person.
Yeah, I just want it super easy.
So talk about that as you go.
All right.
Well, I think hopefully, hopefully the way that we've designed the system makes it really easy for you guys. I think let's go ahead and show you how to get it on your phone. And then we'll teach you a little bit how to use it. It's pretty straightforward. Let me share my screen here.
There we go.
All right.
So, I'm sure there are many of you that have Android devices and there are yet another many of you that have iOS devices. The phone on the left here is an Android device and the phone on the right is an iOS device. So, for you Android users, the first So the first thing that you'll do is open up Safari— I'm sorry, not Safari, Google Chrome. And for iOS users, you'll open Safari. And you'll simply go to the website pay.forum.org.
There we go.
And for Android users, there's— there should be 3 little dots up here at the top right of your screen. If you click that, you can go down and there should be an option called Add to Home Screen. For iOS users, there's the same option except for it's down here kind of where the Share button is. Click that. Scroll up just a little bit. There's the same option, Add to Home Screen. So go ahead and click that. For Android, just click Add. And you'll see that it's creating an application on your home screen. And here for iOS, much the same. With iOS, I like to name it something like Hey, so I'll go ahead and add. And there— and that's about how easy it is to just get it on your phone. So you'll notice it now shows up on my devices here as Hey or Ticket App. Once you have it on your device, home screen. You're presented with this to log in. You use your Orem.org email. So for me, it's dyldrick@orem.org. And then it's your Active Directory password or the password that you use to get into your Orem computers.
And David, since they don't have computers, same as their email address, right?
Yes.
It would be the same as their email address.
Let's log in here.
Log in here.
Now, that's just to get it on your phone. Obviously, that may not— let's see, what screen do you guys see? Let me stop sharing here for a second. Let me share my— my web browser. On a web browser, it's much the same. You just go to hey.worm.org and you'll sign in there. And once you're there, you're presented with this screen. And there's a lot— there's a lot that's on here, but the biggest thing that we're going to be showing you how to do is create a ticket. Where do you go to create a ticket? And that is right here in this blue button where you hit plus. And I'll let Pete take it from here. If you would, Pete.
Okay.
Let me pull up a web browser here real quick.
Just logging in.
I'll share my screen.
Okay, so it works pretty much exactly the same way whether you're doing this from a phone or from your computer. So as David pointed out, you just come down here to this little blue button and that's how you start a new ticket. So if you had something that you wanted to send in to say Jamie, you just start, unclick this Submit for a Citizen because you're submitting it on behalf of yourself, and you just give it a quick subject. So we'll just— for the— we'll just say a test since we're just running through a demo here. And then here under the description is where you would put the issue. So this is a test. And then right here under assignment is where you pick the person. If it's coming from you, mayor or council, we've asked that you Send it to Jamie just so that he can be in the loop of whatever it is you're asking. And then he can reassign it to whoever is going to take care of the problem, or he can address it himself. But that's how we kind of want the workflow to go. If you have an address for the problem, you can go ahead and put that here on the map. You can either drop a pin or just type in the address. We'll just use the City Center address here. So it's, it, it's using Google Maps, so it has all those same features, the autofill. And then once you're past that, you just hit submit. And then Jamie, as the designee, will be notified. He'll get an email and a text if he's got his text turned on. And then he can— he'll know that he can go to work on that ticket. Another great feature so that you can track the progress of any ticket that you put together or you submitted, you come here to this book Bookmarks tab, and then this is where you can keep track of the ones that you sent, and you can see status updates. So if it's going to be a long process, whoever's working on it will put in updates in there, and you'll be notified of those through this Bookmarks tab. You can also choose to select emails or texts and be notified as something is completed so that you can report back to whoever started the issue. So is there any questions about this part? We have one more thing to show you, but I just want to make sure that we're clear on this workflow and how creating a ticket works.
So Pete, the button you push is the one on the top left or the one on the bottom that says tickets?
Bottom, bottom right. It's a blue circle with a plus in the middle.
Okay, gotcha.
So that's how you start a new case. Yeah, once you're logged in, yeah. When you're on the tickets tab and the blue circle. So the other thing that we wanted to show you really quick is if a citizen reaches out to you and says, I have this problem, you can send them to the system as well. So that you don't have to act as the middleman for the citizen's concerns. So all you could do is tell them to go to orm.org. And then up here at the top, there's a menu item that says Contact. Under Contact, there's one that says Report a Problem. You just click right there and they fill out the form, they give their information, and the ticket comes into our Orem Help Center, our 311 center, and then it can, it can be worked that way. And the same thing as it is for you, the citizen will be in the loop every step of the way as updates happen. They'll be notified if there's— if it's suspended, if it's closed, if, you know, when it gets solved. Whatever the case may be, the citizen will be there every step of the way. So we encourage you, you know, because we know that a lot of citizens reach out to you to help solve their problems, we encourage you to send them here to orum.org, and then it's under the Contact menu, and then Report a Problem. And that'll be the simplest way for everybody to make sure that these issues are getting resolved.
Thank you.
So Pete, will you and Steve publicize this on our OREM newsletter so the public knows?
Absolutely.
Okay.
Is there any other questions?
Hey Pete?
Yes, sir.
I was just wondering if you could send out a bullet point step-by-step just for a slow learner.
Oh, how to get it on your phone or just everything we talked about today?
Everything you've just gone over. Bullet points.
Yeah, yeah, I can do that, no problem. Um, we— I just want to give a public shout out to David and Ernesto and Tom and Robert and our IT staff for putting this together. They've really done a great job making a program that's going to meet the needs of both us internally as well as the public. So really proud of their effort and what they've created.
Thanks, Pete.
Mayor, council, one other thing, Pete, if you don't mind, I think that I'd add is when you're— oh, is when one of the things Pete showed you when you were submitting a ticket to Jamie, open the ticket, is, um, you, you may be with a citizen Obviously you can send them to that link. Well, this is what employees have the ability to do. Because what happens is our 3181 agents will get a phone call and they will submit the ticket on behalf of the citizen. Fill in their phone number, email, subject, description, whatever. You can or can't, whichever you choose. Just, you may find opportunities where you want to just submit it on behalf of the citizen, but you don't want to be the one holding the ticket. You'd want the citizen to hold the ticket. You can just keep this box checked, submit it for the citizen with their information, and then they leave the conversation with you with a ticket having been submitted with their email address so that they will get the updates, as opposed to submitting it where you'll get the updates. You can do it either way.
So Steve, Pete, a question. Say a citizen submits a ticket with a concern and then the city responds to that, but it might be something that the council ought to know about. Is there a way that you would copy the council on some of this?
David, how would you suggest we handle a situation like that?
For a situation like that, I would suggest that we just assign it To a council member? I don't know. If it gets assigned to a council member, they'll be notified of that ticket. And then—
But it might be something that the whole council ought to know about. You could put CC on there for the whole council. But my only concern is if something like that is going through and the council ought to be aware of it but is not, notified or made aware of it.
Mayor, maybe just to help us think through this issue, what— give us just an example of something that might come through that way.
Well, if a citizen has a concern over some issue, I don't know if it's a traffic light or if it's parking on the street or if it's someone creating a nuisance on 8th South. That's something that the whole council probably would like to know about. And so there would be— it'd be helpful to have that information copied to the council. So I don't know.
And maybe, maybe that's a discussion then really quick, because I, I can see where you might want that. I could see where some council members maybe don't want to be notified about all of those all of those concerns, because obviously our hope is to be able to take that ticket and work it and resolve the issue. Um, not, not really sure because we could— I could see that resulting in us forwarding you all of them.
So let me ask you, is there a way to have a spot on an email where the council could tap into it if they want to see what issues are being dealt with at the time, but maybe you're not listing them all individually, but you just have one, one email each month that says these are the issues, citizen issues we're dealing with. Oh, and then the council could tap in and see all the different ones.
So some kind of, some kind of summary report of the issues that have come through.
And then if the council member Wanted one of those specifically, could tap onto it for a link.
I have a thought. I'm just thinking out loud here. There is something called a superuser. A superuser, if we were to make the council members all superusers, you'd be able to go into the tickets and see all tickets at any time. See what's currently on the currently available. See what's open. See what's being worked on. Who's working on it? If you wanted to stay informed, I would think that that might be the very best way that you could do that. Now, it wouldn't be pushing the information to you. You'd have to go on and check that yourself. But I mean, that's that's something in the interim that may be in the realm of possibility. Or, or we could maybe think of a new solution that would summarize those types of things for you in an email.
Yeah, maybe, maybe we have an opportunity to kind of consider what those options are and, and vet that a little more to see what the best way of it is. I, I, um—
That's fine, then bring it back to us. I, I would like to have that ability, and I'd like to have every council member have that ability to be well informed as to what's Yeah, I think I just—
just so you're aware, because I know that you may not realize that we get hundreds of these types of requests. So that would be a very, very long list of tickets. My fear is that the data is so heavy that it becomes unuseful. So anyways, let us just— let us think on that and then talk through what the best options are.
Sure. All right.
Any other questions?
Anything else, Pete or David?
If I may, I know that this is just thinking out loud still about kind of the same problem. Pete, may I share my screen?
Oh yeah, let me stop sharing.
Let's see here. One of the interesting things that we have the ability to do here is because all tickets have— I mean, there's a couple of different ways that you can view the tickets here on the system. One way is to look at this list here and you'll see I'm a superuser so I have access to all the tickets. You'll see here that there are, as he said, many, many tickets. Stephen was pointing out that there are many tickets. Let's see here. If I were to do closed, there's even way more. Let me make sure I'm on superuser mode.
Yep.
Yeah. So you'll see there are a lot of tickets. I think to date, there has been over 500 tickets logged. In the system. And this went live October 1st. So if that gives you an idea of the number of tickets.
But one of—
another way that you can look at each one of these tickets other than going into them individually is you can go to the map feature. And let's see if it decides to load it this time.
Oh, I know why.
Okay.
We'll go back to tickets.
A bit of a bug.
Okay.
Let's say I don't want to look at all the closed tickets right now. Let's just look at all the open tickets. So let's go here, go to the map. Give you an idea of what kinds of tickets are being logged right now. Here's one at 201 Campus Drive where a light is out. And I could go into that ticket. Let's choose another one at random. Here's another one, hole in the sidewalk at 331 East, 18 South. Now, each one of these tickets, as it comes into 311 or is logged by an employee, you'll see that it gets sent to an individual to be worked on. And so, here it's been assigned to Alan Plague, for example. So, just kind of showing you that But there is— there are several different ways that you can look at all the different tickets in the system itself. So that's really all I wanted to show.
Yeah, if you could maybe brainstorm on it, I'd like to have access to all the tickets, so per month.
Okay, we'll think— we'll give it some thought, Mayor.
All right, anything else, Peter, David?
No, thank you very much.
Okay, appreciate it. Let's go ahead and move on to our Public Works Utility Master Plan discussion, and our presenter is Keith Larson and Bowen Collins and Associates.
Mayor, this is Chris Shirkey.
I'll just—
I think you're all familiar with Bowen Collins and Associates. Keith Larson, I'd like to introduce Keith. He's presented before. He presented a few weeks ago at our initial review For our kickoff, actually, for the utility master plan. So Keith and Neil and Reed Price and myself, we've been meeting together over the last several weeks. And Keith is prepared to give an update of all things regarding our master plan. So if any of the council members have any questions that would like to ask during the presentation, please feel free to chime in and then we can pause and address those concerns. So Keith, I'll turn the time to you.
Great, thanks Chris. Is that showing up okay for everybody?
Yes.
Looks like it.
Okay, as you recall, we came in and talked a little while ago and the main topic was just reviewing what we had done from the 2016 Utility Master Plan. Just to kind of hit the highlights, those master plans identified a number of improvements. You can see some pretty big dollars there for water, sewer, and storm.
Thank you.
And also explored funding alternatives. We ultimately settled on our 7-year implementation schedule to complete— begin completing those projects. And then finally, we started on the process of executing the plan, which over the last 5 years we've been funding and completing projects, and we planned for a periodic review and revision. And so over the last little while, we've been executing these plans and putting them into— A little bit of background. into practice here. So what's happened since the last master plan? Just reminding everybody a couple of the major things that we've been looking at here. Specifically, one of the big changes is that Vineyard is looking at taking water directly from Central Utah Water Conservancy District. And so that obligation to the city may be removed here shortly relative to water demands. We've also had that sort of offset by some increased densities. Specifically, we've added some densities along State Street and then some other areas, and we'll talk about that a little more here in a moment. You've also done— started on your smart metering program, implemented some pricing changes, and made other efforts That is starting to move the needle a little bit in terms of conservation and your overall water demands. So both water and sewer we see going down from where they were last master plan, and we'll show just a little evidence of that as well. And then canal abandonment. So the West Union Canal and the West Smith Ditch are being abandoned. And so we're looking at new alternatives to deal with stormwater as a result of those abandonment. So those are kind of the big issues that we're facing in terms of planning, but they're also affecting funding considerations a little bit as well. For those who've been involved in the construction industry, you know that the last 5 years we've seen really significant construction inflation. Really more than I've seen in my, you know, 20-year career here. Prices have just really gone up over the last 5 years. We're also in a period of historic low bonding rates. And so as a result, we're thinking a little bit differently about how we may want to fund projects, and that will go into the plan ultimately. So those are the big changes that we're looking at. I just wanted to hit those highlights a little bit and talk about how they're affecting our planning. So this is a map. I prepared it a couple of days ago, and I got a couple last comments from the planning department yesterday, so it's not totally finalized. But what this is intending to do is just to highlight where some of the major areas of growth are. A lot of these are places that you'd expect, you know, in the Southwest Annex, up University Place, but I want to point out a couple things. Number one, your State Street corridor is expected to add a significant amount of population over the next 40 years. This number, 23,000 residents, is probably a little bit high and we're going to revise that downward based on planning, but you still likely have 20,000 residents that are being added along that Stage 3 corridor. The other thing I would point out is outside of these special areas of development, there is relatively limited growth projected. Outside of the areas that I've highlighted, you know, we have about 1,500 residents on the east side of State Street and about 1,000 residents on the west side other than the areas that we've identified. So we end up with some areas of focus and additional density that need to be updated in the plan. So let's go ahead and look at what that means in terms of our population projections. So in this chart, what you're seeing is the top dashed black line was what we had planned for previously. The dashed blue line is without Vineyard city population that was being serviced by Orem water. And then the black— solid black line is our revised projections. And so just a couple things to point out here. Number one, last time our growth projections were a little bit more aggressive, and we've seen just a little slower growth over the last little bit. So we've revised that downward. Well, it's actually not us; it's the Governor's Office of Planning and Budget, along with the Mountainlands Association of Governments, have revised their projections down a little bit. So we're going just a little slower over the next few years, but in the long term, with that additional density we talked about, we end up just a little bit above where we would have been without Vineyard City. Any questions on demographics or comments? Okay, I'm gonna keep going. So what does that mean in terms of our water demand and sewer demands? So what we're looking at here is a graph of historic production shown by the black dots, and then projected water use in our last master plan shown by the blue, and then revised projections for this new master plan. The black line is if there were no more conservation from today moving forward, what would our demands be? And the red is if we hit current conservation goals as established by the State of Utah regional goals. And the thing to point out here is the significant difference that we're seeing between the old master plan up around 48,000 acre-feet and the new master plan number around 40,000 acre-feet without conservation. That is the result of 2 things. One is removal of vineyard from the system and the reduction of those demands. And then also what you, what you can see is that even though the city has been growing, you have seen a decrease in water use over time that is resulting in less demand per person and per household and a reduced need in the long term.
Keith?
Yeah.
I'd like to add one thing in there. The state of Utah has added 1 million people to the state from 2000 to 2020, but due to the efforts of the legislature, the cities, and Vision Utah, our water usage is down 25% overall, even with an addition of a million more people.
Yeah, and as we'll see later on, this means significant savings for you as a community and your citizens as those water needs are reduced. We project the same thing. The last slide was on annual water, how much we use in a year. This slide shows the same information for how much we use on a peak day. And this is important because that is how we size our system. And what you're seeing is same sort of deal. We're reducing our projected demands out at 2060, 2065, which is near full build-out of the city, by more than 15 million gallons a day. And That is a real significant drop that makes a difference to the amount of infrastructure that you need.
Can I ask a question here?
Sure, go ahead.
Keith, this is surprising to you, and yet if we had built out what you thought we would have needed 2 to 3 years ago, we would have overbuilt. Are there more surprises yet to come?
I don't think that it was necessary necessarily a surprise. We had this in mind. You will continue to seek conservation into the future. How are we doing? And we have included that provision.
The big—
the biggest thing that was a little bit of a surprise to us was the removal of vineyard. That was not foreseen at the time.
The—
when we started working on it in 2015. So yeah, you're going to see some different results today, and it is, and it's a positive. We'll do some fun things with it if we can, I promise. Moving forward. I don't know, I guess the question is, are we going to overbuild? And that's why we do this incrementally, and we do it in 5-year increments. We try to try to be prepared for the future and then recalibrate every so often to make sure that we're still on track.
I think that's the heart of my question. Thank you.
Anything you want to add to that, Chris or Neal? Well, we—
the city has been engaged in an agreement with the city of Vineyard since the '90s, and upon their request to provide water for them— Initially in an attempt to allow them to start to grow and to develop. They had limited resources. We, you know, until recently we were, we were not certain as to where that was heading. We were willing to provide water, of course, and we have done so, and in an attempt to allow a sister community to start to grow and to develop. Just as a side note, Amendment D on the ballot was— spoke directly to this issue that would allow municipalities to provide water on this kind of a basis for adjacent communities that may not have the ability or the resources to do so. So Vineyard, long story short, is they've grown up.
They're—
I don't know what the population is right now, but they're projected— I think build-out growth population is around 35,000. thousand or so, 40,000. So they're at a point right now where they can, they can work with Central Utah Water Conservancy District to provide water to them. We will still provide water, but it will be through Central Utah's system, which will have a direct and significant impact on our system in a positive way. And so this is very good news for us and our community. Albeit they would have had to have paid for a premium to do any infrastructure improvements in our city. We feel like this is the best solution for all 3 parties, including Central Utah— I should include Metro of Orem, Orem City, as well as the City of Vineyard. So we're happy with where this is heading.
I'm going to go ahead and move forward to sewer. Thank you, Councilman McDowell, for interrupting me there— or not interrupting, asking a question. I appreciate that because I'd like to have a conversation on whatever you would like to cover here. The— in terms of sewer, we see a similar Shift here, but nothing nearly so prominent as we saw in water. And that's for a couple different reasons. Number one, we don't have the same issue with vineyard. But then also with sewer, we're looking at indoor water use only, where conservation has trended just a little bit slower than outdoor water use conservation. But we are still seeing that over the last several years, we've seen a little bit of a reduction in our sewer use, and that again, the blue line on top is the current water reclamation facility, and that was projected to be out of capacity around the year 2040 with the current numbers that we have, that's pushing out to 2055 or beyond. And so again, that conservation is allowing us to stretch the capacity of our existing facilities a little bit further.
So Keith, the question for you there. So Vineyard is going on their own as far as water goes. What about water reclamation? Are they putting in a facility?
Vineyard, a small portion of Vineyard comes to Orem, but the majority of Vineyard goes to the Timpanogos Special Services District treatment plant to the north.
Okay, all righty.
Yeah, this is Neil. Just to clarify, the water service area goes to 4th North.
So We are in the south.
On the north side. The sewer service area is 4th South and south. So the service areas are quite a bit different. And that's what Keith was kind of alluding to is the drastic difference there in the outdoor watering and the area. But to answer your direct question, Mayor, Vineyard has no plans to build a water reclamation facility.
facility.
And I think that relationship will be in the foreseeable future.
I wasn't aware, and where we're only handling a small portion of 4 South and further south, and that is understandable.
Mayor, that is a part of an agreement that we have with the— well, actually with Linden City and also with Vineyard City. At the time we did our plant expansion back in 2011. So that's a 3-party agreement for a $12 million loan for which they are paying their proportionate shares.
Okay, good.
So how does this— these changes in demands that we're looking at, how does this impact the Orem City system? I'm pulling up what the plan was based on the 2016 results. And what you can see in this chart was that there were a lot of projects, but we were pushing them out as far as we possibly could to see what would happen in the future. We also didn't know where Orem City was going to locate— be able— able to locate some needed storage, a storage tank. And so one of the first recommendations of the master plan was to study where that tank should be and then figure out a way to best utilize that resource to limit the projects that we had. So we have relooked at this and taken the results from your recent tank site study, and we've basically been able to reduce the improvements to what's shown on this slide here. And I probably should, in terms of pointing out, I probably should go back and note that there was a large transmission main that was coming across the city that was a 42-inch pipe, a very large water pipe, very expensive. We're doing a similar pipe. It's a 48-inch in Salt Lake City right now that is costing over $1,500 a foot. So a very expensive project, but it was trying to get water from the, from the east of the treatment plant to the west to Vineyard, the southwest area, etc., across the city. By removing that 15 million gallons a day and by identifying a a new site for the tank, a new 10 million gallon reservoir, we are able to put a new source to meet peak demands right in the middle of your central zone where we were experiencing a number of pressure problems and essentially be able to eliminate that large pipeline across the city. So we still have a number of projects that are similar in that we still need some additional capacity down to the north. But by doing this project, we're able to eliminate a lot of that needed capacity from east to west and be able to supply water more to the central part of the zone.
Keith, how much was the cost of that pipeline that you're eliminating?
We are currently in the process of evaluating the cost impacts of changing, but the preliminary numbers are the, the new plan will reduce costs in the $10 million range or perhaps more.
And the water for Vineyard that they're receiving from Central Utah Water, are they pulling that out of the plant in Vineyard that Central Utah Water has? Are they pulling it Out of the water tanks, and how are they getting that?
I'm not as familiar with Vineyard. You want to answer that, Chris or Neil?
Yeah, so they're going to have a contract with the sole source, which will be Central Utah Water Conservancy District. That'll come in the form of what they call the Central Water Project, which begins at the treatment plant at the Don A. Christianson Regional Water Treatment Plant on the hill northeast Orem. And that conveys water in conjunction with a series of wells all the way up to Salt Lake County and to the north part of Utah County and the northwest part of Utah County, Eagle Mountain, so forth. So their contract will be with them directly.
But how are they going to get their water from the water tanks to this water tank that they're proposing in the middle of Orem?
They will not be connected to our system. They will be—
I understand that. What I'm saying is, are they then trying to build a 48-inch line from the Christensen Water Plant down to their water tank where we are not, or where, where is the water coming from?
It'll be conveyed in Central Utah's CWP line, which runs down 800 North. It's an existing line. That they have. In addition, they have wells on the west side.
So are they going to have to then on from 800 North get a pipeline down to Center Street to where the water— or I'm sorry, if it's 800 North, it'll be down to 400 North over next to the hospital where they want to build their water tank. Is that correct?
Well, so there's an update regarding that. We've heard that Vineyard is potentially looking at building its own water storage facility in its own city limits.
Okay. Wow, things are moving fast.
Well, and we quite frankly don't know if that's changed recently, but the CWP line, as Central Utah calls it, is a 36-inch line that runs down 800 North. In addition, there are—
It goes down 800 North to how far west?
It goes all the way to Jenifer Road.
Okay.
And then it runs north.
Then it runs north up to their plant.
Yeah, we do have, we do have Casey Shaw online here if you have any specific questions.
No, I'm just trying to get a picture of, you know, if we're eliminating this line and vineyards going on their own, So where's the water coming from for the tank they want to build next to the hospital? But then it sounds like they want to build it in their own facility or city. So like I say, a lot's changing.
It is changing. It's changing quickly. We're meeting with Vineyard and Central Utah on a weekly basis, and we, we learned of this last week.
Okay, because like you say, a lot of this makes dramatic changes in our projections of facilities and infrastructure needed that we're planning money for. And I mean, this is great news.
So—
It is. And I'd like to say that I really appreciate working with Casey and Dave Pitcher at Central Utah Water, as well as the City of Vineyard. We're working in a collaborative effort to help growth and development in this area, not just Orem, but Vineyard and so forth. So I think this goes hand in glove with the Amendment D and the spirit of commercial— excuse me, development essentially throughout this area.
So I'm glad we're revisiting this because these are huge changes.
Mayor, it also will eliminate some erroneous assumptions made some years ago that we were building a water tank with ORM money for vineyard. Casey, perhaps you could comment on that because that was a fallacy that became quite popular in the local news, and we fought to correct it, but maybe Casey could address that.
I'd be happy to if you'd like me to.
Sure, Casey.
The water that is going to be provided to Vineyard is treated at the treatment plant but does not use any of the storage tanks at the treatment plant. It takes off and runs down 800 North all the way into Vineyard. We're working with them closely to correctly site their new storage tank. But this does take a significant amount of pressure off of ORM for both an upsized storage tank and transmission lines down to Vineyard.
Thank you.
And we have capacity in our system to provide that. So I think it will be a very beneficial situation, and that perception of Orem subsidizing Vineyard should go away because there will be 2 completely separate systems that serve each community, and there will not be that perception, hopefully, of the erroneous perception of subsidization of Orem for Vineyard.
And Casey, maybe to say it straight, the, the 36-inch line on 800 North goes into the city of Vineyard where Central Utah Water has their own additional treatment area and has at least 4 or 5 deep water wells. So by going in there and if Vineyard builds their own tank, They can put a pipeline right through their own city to their own tank and be self-sufficient. So that's great.
That's the intent. I just need to let you know how good it has been to work with Chris and Neil. They've really seen the vision of here of what needs to happen, and they have served Orem very well, and we really appreciate working with them.
So thank you. You know, one question which I think you're going to get to, but, you know, we've talked about and have been saving money for a 10 million gallon water tank. Does any of this affect that or not?
No, not really. In fact, I was going to emphasize that one critical linchpin of this whole plan is to make sure we stay still have our 10 million gallon tank and pump station here in the central zone.
Okay.
So, so, you know, right now what happens is you peak off your tanks up to the east. And so during that peak day, everything has to run down through the system. But instead, by building the 10 million gallon storage reservoir here, you are able to peak out of this tank and just deliver water more at a constant rate across the city and then peak and fill this tank as your demands fluctuate throughout the day.
And if we're not building a 48-inch water line from the Christensen plant down to our water tank or Vineyard's water tank, that water then is just flowing through our existing pipelines, maybe not quite as fast to fill up that water.
Yeah, that's right. You're still taking the same volume during the day, but instead of going high and then low throughout the day, you're just supplying it at a constant rate and using that new 10 million gallon tank to peak off of.
And the pipelines that would feed that, what size are they? Are they like 10 and 12?
So these are 16-inchers. There is one section of 30-inch. The reason that these need to be added is because you're putting your storage here, you need to distribute the water out throughout your system. So you need to add some additional pipelines. Not all of these need to be completed immediately. As you note, some of them can be postponed for another 10 years or so. But there is some critical infrastructure that needs to happen in the next couple years consistent with what we've been saving up for.
And preparing for.
Okay.
Let me, let me just add, this is Neil again, that the water tank was never going to serve Vineyard, and therefore that part of the equation is totally consistent with our previous plan.
We were aware of that. I'm just trying to get a handle since we aren't putting a 48-inch line in. how that's going to work out.
So—
And Mayor and Council, this is, this is Jamie. Based on the information that Keith is sharing with you today, our focus remains on that tank and the development of that tank sooner rather than later. So in fact, even last week we had meetings with Chris and his staff to discuss how we can move forward in 2021 with that take and take advantage potentially of some interest rates that are advantageous, while at the same time being mindful of the existing fund balances we have in our water fund. So you can expect us to really begin that conversation in earnest in January.
So Jamie, there was discussion as to Where to put that tank. We were talking about the Community Park at one point. We were talking about putting Vineyards tank next to the Orem Community Hospital. Have we landed on an area to put this tank for Orem?
Yes, all the hydrology suggests that Community Park remains the preferred location. Okay, and we are working— we have worked through a number of challenges associated with Land and water conservation grant issues that stem back to the 1970s. We're now in the, in the process of obviously updating this master plan and doing the appropriate modeling to make sure that what we're putting in the ground is going to meet our needs. You know, maybe it's a little less than $10 million. I'm not sure. That's part of the work that Keith is doing, Keith and his team are doing.
But you're still talking about the community park rather than the Alpine School District ball fields?
Correct.
Or some surrounding farmland?
Correct.
Okay, wasn't there a discussion that the farmland would be actually better, but we'd had— we didn't own the land and they weren't interested in selling?
Yes.
Yeah, sorry, Chris.
No, go ahead.
No, please.
No, that's correct, Tom. So that was at 4th West and 4th South. That was ruled out. There was another farm property, I would suggest it's more of an orchard, just to the west of this location. It wasn't large enough. There weren't any other viable options in publicly owned lands. We've ruled out the school district's property with the ball fields. They've reviewed our proposal and they were— They were not interested in going down that road, so we still have our, our park where we could put in some new improvements in addition to the water tank as well. So that is our preferred number one location. We've essentially rolled out probably 7 or 8 preferred locations, and this is now the number one.
Okay, I think Any other questions before we push on here?
No, keep going.
Okay, so really the purpose of providing you this information is to let you know about the significant changes that have occurred and kind of keep you apprised of that. We'll continue to refine this and hopefully have some more specific cost numbers, especially Moving forward. I want to talk sewer. This is quite a bit smaller impact on the sewer side. Here was the original plan in 2016. You'll note that there were more projects identified over the last 5 years than on the water side. We had to make some decisions and move forward with those. But what we found is we revised the modeling here Is— oh, well, before I do that, just to note, the projects with the dark green check represent those that have been completed, and then with the lighter green represent those that have been at least partially completed. So you, you have finished off a number of your, your identified projects. So what does the revised planning identify? Essentially what we've done is with the additional density that we're seeing along that State Street corridor and a couple other areas, we have added 4 new projects. However, they're all outside of the 10-year planning window, so they'll be identified as a need, but somewhere in the future. And then we have one slight upsize, an 18 to a 21. that also is towards the end of the 10-year period. So we can also wait a little bit on that one to see how our growth goes. But really not a lot of changes on the sewer side. Any questions, comments on that?
Just a real quick one. So the state is trying to move forward with their requirements as far as what is put into the lake from the cities.
Right.
And I know that Provo is having to deal with possibly putting in a new sewer treatment plant, and I'm aware that with the, with the improvements we put in several years ago, we're ahead of the game. Can you tell me how long we'll be ahead of the game and If any other improvements are gonna have to be put in place?
There, Neil, do you wanna take that one?
Yeah, sure. The nutrient consideration is, what we call it, is nutrient limits. And currently, we are underway with the Utah Lake study. That will ultimately lead to the exact limits that will be implemented and phased in. There's kind of a phase 1 of limits that we are currently meeting and will meet for the future. There is an anticipated level of limits that we are also designing our capacity in the water reuse filtration system to be able to handle some expected limits that we might see around the 2035, 2040 mark. So we're well situated with our current treatment plant operations and nutrient levels. We will require a significant investment with our our filtration system that we implement for water reuse that will eventually send water to the golf course, Lakeside Sports Park, Springwater Park, and the water reclamation facility grounds itself. And so with some additional monies into that system, we're going to position ourselves to be able to meet Anticipated limits.
So will we save money by not treating that water that goes to like the golf course and other places?
Are—
what do you mean, like not treating to culinary standards?
Right.
Uh-huh.
So there will be a savings that we will not be treating the water Which is currently at about $100 per acre-foot. But the, the real savings shows up similarly on the water side, where instead of taking that heavy water load on a peak daily basis from east to west across from the treatment plant down to the golf course, That's where the significant savings comes into play because we'll be taking that source that's already down there. And sure, there's going to be an operational cost. There's going to be an investment in the infrastructure. But long-term, it's a great plan that will save the residents significant dollars.
That sounds good. That's what I thought.
Mayor, this is Chris.
Go ahead, Chris.
I'd just like to mention that the last time we did a capital facilities plan for the water reclamation facility, so the sewer treatment plant as some people call it, that was back in 2010. And so we're due right now to update that. The master plan that we did in 2016 really didn't address in a in a certain level of detail what we need to know what improvements need to take place moving forward. We are going to be doing a— creating an RFP and advertising for that as well. It'll be a separate analysis, separate independent detailed plan of that facility and what we need to do for the next 5 years.
Great.
Keep going.
All right, so to wrap up here, storm system, just want to give you a quick planning status. We are not quite as far along on the stormwater. However, we have updated the models, they're calibrated for current conditions. We're looking at how to abandon the West Union and West Smith Ditch And we're expecting some significant costs because of those additional canal abandonment projects. This may be an area where, you know, a little bit of a surprise since 2016 that this is coming to fruition so quickly. Because of that, we're probably going to have to accelerate some of the projects and there As part consistent with the last master plan, there's quite a bit of stormwater network that we're needing to build to remove the injection wells or the sumps that we have in wellhead protection areas. And that's something we talked about with the last master plan. Just relative to that, I did want to show a quick map of where that West Union Canal and West Smith Ditch are, for those who are not familiar with. The light— the thicker light blue line and the thick dark blue line are those 2 canals, and each of those dots that show up on the screen with a letter are areas where Orem City currently has some degree of stormwater going into the canals that need to find another location. So we have some significant projects that need to be addressed And that is what we hope in our next update to focus on, is where— what we're seeing on the stormwater side.
Keith, can I comment here?
Go ahead.
I'm just going to say a question. We don't own those canals, is that correct?
That's correct.
And so the owners, do they not have some responsibility financially for the closure of the canals?
Well, that's an interesting question that I think I would need to ask an attorney.
Right.
We've had discussions internally regarding that particular question. In most cases, in most instances, the canal companies do not own the right-of-way. They may have a— they may own portions of it, but to a large extent they have what is called a prescriptive right-of-way where they built that system 100 years ago, and it's just been there before developments have occurred around them. They own the physical infrastructure portions of that, so any gates, any pipes, any concrete-lined ditches, and so on for the conveyance of the system. So when they abandon it, the question then is, what, what should happen to that? Are they responsible to remove the infrastructure Internally, we have had that discussion with our legal staff, and I don't think that they are necessarily, unless perhaps there is a hazard that remains. It will be on the individual properties, and this is really a question that needs more attention and greater direction, I believe. But as you can see on this map, Mayor and Council, we have multiple locations where we, the city, connects to their system for the conveyance of stormwater. You might ask yourself, well, why wouldn't we just take that over and then maintain that and continue to convey the water in that canal system? Well, the answer to that is, is really complex, but the short end of it is we will use it where we can, where it makes sense, where it's accessible, where it is safe. But in most For most of that system, we will not use that or convey that down for liability purposes. In addition, we would need to get it out and route it another location, perhaps to the Provo River or another conveyance. So I'm sorry, Mayor, I don't have a very—
Sounds like we need some legal time put in on this.
Well, yeah, we have put some into it, but there's certainly some question that Questions that are not answered regarding that specific concern.
Okay.
So to wrap up here, what's our path forward? So I would say that currently the water system modeling is probably about 85 to 90% done. Sewer is further along than that, about 95%, but storm is probably more in the 25 to 30% done. So our first priority is to complete the storm drain modeling and look at how we're going to get that water out of the canals. From there, over the next couple of months, we are planning to prioritize and finalize projects for an updated capital facility plan. And then we'll use those new CFP results, look at bonding to develop a revised implementation plan. That's basically a layout of when we're gonna do projects and where. And then finally, after your discussion on bonding in January, our team member Louis Young will update the rates and impact fees based on the results of the implementation plan. So that's the direction we're going, and that's the update.
Thank you.
Okay, well, certainly appreciate your good work and a lot to consider, but good, good improvements. So, all right, all right. Well, thank you, Keith, and thank you, Chris.
Uh, can I make a comment?
Sure, go ahead, Debbie.
As we did bonding, I kind of had the impression that our rates may even have the ability to go down a little bit. I know that we've got a lot of pushback from people on how much our water— especially the water side, not so much the other ones. Will you be looking at even a possible reduction in rates, or what's your— just kind of going to get a feel for what you think going forward, or will just the numbers play out?
Yeah, so this is Chris. In Laura Lewis's presentation from Lewis Young Roberts in Birmingham, she did suggest that we're in a very favorable condition, that our bonds Our debt ratio, bond debt ratio, is very healthy. We're at probably around 6, where we need to be at least at about a 1.5 for that ratio. So she suggested that there's a likelihood that some of our utility rates could be lowered. As soon as Keith is done with the modeling and with the analyses and the updated capital facility plans, then we'll be able to go into greater level of detail and give you that feedback. But it looks promising.
OK, that's what I was hoping you'd say.
Thank you.
Mayor, I've got a comment.
Dave here.
Sure, Dave.
On the lines of Debbie's comment, when we talked about— Laura talked about bonding and lowering the rates. I think Tom had the same question. My concern is if we go down the path of bonding, there has to be a decrease in the 3-tiered water rates. Plus, we need to look out for the seniors that are under the poverty level, and that's been my concern from day one. So that's something we need to look at to make sure that we take care of the seniors.
Sure. One thing I might want to mention, that the— not necessarily the rate, but the 3 tiers The state requires us to conserve water and to have tiered rates, so the tiered rates would have to stay, but the rates may change depending on the bonding.
So— Well, I don't know if you've noticed like I have, since ever since David's turned 59, he's been very concerned about the seniors in Orem. Have you noticed that?
I have noticed that, absolutely.
But no, so I understand that keeping the tier, but maybe we— you shift the tier instead of 11,000 gallons, Tier 1 goes to 20,000 gallons or something.
Yeah, that's a discussion to have.
So that—
I'm just saying, I want to make sure we talk about the seniors and those under the poverty level because I'm concerned with them maintaining that utility and be able to pay for that utility.
Sure.
This is Jamie. I think obviously the work that Lewis Young is doing in cooperation with Bone and Collins Keith and his team, they will be able to suggest to us a pricing strategy that can work, obviously in terms of taking into account these revised infrastructure needs. The issue as related to seniors and the like, that is really a policy discussion that you need to have as a council. And if you make the collective decision to provide rebates or reduced fees for certain groups of citizens, then that needs to be incorporated and taken into account as the overall rates are developed. Because while one individual class of citizens is going to be paying less, there's the potential that other classes of citizens are going to be paying more. to cover those reductions. So I think that always needs to be taken into account, that because we offer a reduced rate doesn't mean that everybody else is held equal. If the plan is to accomplish and achieve the construction of certain infrastructure by a certain date, then we need to take that into account.
Thank you.
And maybe I could suggest that these are categories of citizens rather than classes of citizens.
Yeah, and I didn't, I didn't mean it in terms of classes. I'm just saying if we are going to identify individuals as low to moderate income, regardless of age or circumstance, that does have an impact on the rates for all of our customers.
Understood.
Okay, let's go ahead and move on. Let's look at our agenda for this evening. First of all, our prayer will be given by Brent Sumner and our Pledge of Allegiance by Kenna Matthews. We'll have a report by the Metropolitan Water District of Orem. On our consent items, we have approval of the meeting minutes of City Council meeting October 27th, 2020. Appointments to boards and commissions, specifically the Orem Neighborhood Advisory Commission. We have 3 individuals, Jana Bauer, Angela Cottrell, and Murray Lowe.
Second.
Jana is, uh, someone that is over in the Geneva Heights area and has been very interested in with the city. Anybody know Jana?
Mayor, council, a couple of council members actually did have the opportunity to interview her this, uh, last week, so I don't know if, uh—
Whoever did that, would you like to speak up?
So Brett and I were the ones that were involved in that, and Jan is great.
All 3 of these people are, I think, will be very good members of that commission. Did you meet with Angela Cottrell as well?
Yes.
Okay, she has quite a resume. She's in the Stonewood-Lakeridge area, has been the PTA president at Lakeridge Junior High, involved with Scouts and very interested in the city. And most of us know Murray Lowe, who's over in the Sunset Heights area. Is everyone okay with these 3 being appointed to the Orem Neighborhood Advisory Commission?
Yes.
Hearing no— no, pardon me, hearing no nays, we'll Then the 3rd item of our consent agenda is a resolution approving certain sections of the City of Orem City Manager Department retention schedule. Jodi, do you have anything you want to say about that?
No, I don't.
Okay.
All right, is everyone okay with the Consent items.
Yes.
All right, let's move on to the schedule items. First one's a public hearing on a resolution that involves the CDBG projected use of funds from the CARES Act. This is some additional uses and also a specific substantial amendment on the annual action plan. Uh, Kenna, are you there? Do you have anything you want to say?
Sorry, Ken is not here, but I can speak to this. Yeah, we, we continue to try to find opportunities to use the CV funds, and we continue to adjust to the, the changes that continue at the federal level. And so our presentation tonight will just be additional uses of that CV funds, which again, we will remind you, are very restricted and difficult to find a niche. The biggest one here is our ability to use some of that money towards our critical home repair program, which is always a difficult one to keep funded. So that is, that is a great use of these funds.
We're excited to be able to do that.
Okay, next one's a public hearing on the standard use code for switching or looking at automobile repair to automobile repair mechanical only rather than bodywork and paint. Jason, anything you want to mention there?
Just that we're adding a new land use code just to distinguish between the two. The state law does require a little more licensing with auto body and painting, and so we're just kind of splitting those out.
Okay, the next one is a public hearing on the zoning map of Orem, changing the zone on 2.16 acres from an OS-5 to a C-2 zone at 2000 South Geneva Road. Jason, any comments there?
None at this point. We have plenty to show you in the meeting.
So I'm sure— I'm thinking everybody's seen it, maybe not, but hopefully. We had 204 citizens sign a petition in support of this zoning change. And then if I'm reading it correctly, Jason, the Planning Commission gave it 3 for and 3 against, so it just stayed as a non-item.
Correct.
Any comments there?
It was a split. They had a— there were several— well, 3 of them obviously were in favor and 3 had some questions. And so it really comes to you with no recommendation from the Planning Commission, but there were equal for and against on both neighbors. The applicants have presented now another 204 people are in favor of it, but there are still some of those that are opposed as well.
So I'm thinking we may have some comments on this public hearing this evening, some call-in comments. Mayor, he knows.
Yes, Mayor, where's that petition at? Support, and where did those come from?
So that came from Joe Jensen, I believe. Oh, no, no, that actually came from Truett Chamberlain, who's one of the realtors covering this project. If you all haven't seen it, then I will send it to you.
I think we got it, Mayor, but I— my question, I think, is along the same lines as Brent. Were they neighbors, or are they just people he was able to get to sign a petition?
If you look on the side of the petition, you'll see where they're located at, and they are all within 1 mile. And those locations where they live are— is, is set out on the petition.
So, so, Mayor, there, there was another petition from the people opposed to Are we seeing that tonight as well?
I have not seen that. If there is, I've not received it.
So Jason, where— this is Terry. They talked about that at the planning meeting. I didn't— I haven't seen that anywhere.
I thought that was part of your packet, but it may not have gotten in there.
I believe there is a petition in the packet.
It does show resident letter, 3rd item from the bottom.
So it was a, it was a letter from one of the neighbors in Provo. I think there were 23 neighbors that signed that, and then he did show us a map of where these residents lived. I can have that available tonight if you'd like to see that as well.
And Jason, I had a call from Tanner Nordstrom who also said he walked some of those neighborhoods and got people who were against it, and I saw a letter from Tanner.
Do you have his—
did he have a petition, Tanner?
I don't. I haven't received from Tanner, no.
All right.
So Steve, if you're on board, it sounds like we're going to have more than a few people wanting to speak.
Yep.
So we may want to look at this and decide how we're going to handle that. So in our normal speaking time, You know, we have 15 minutes allotted for 5 people, 3 minutes each. But on this public hearing, it sounds like we could end up with quite a few. And, you know, my personal thought is I'd rather hold it to a half hour max as far as public speaking. So 5 people for and 5 people against? But I don't know if you can regulate that when the phone calls come in.
Yeah, it would be—
and Greg, you're on the call, so I'm interested in your thoughts on this too. I mean, the only way we could do it is to ask in the form that they submit whether they're for or against it. I, I just fear the optics of, of us asking that question. I mean, we can obviously regulate. We can obviously only allow a certain amount of people into the call and then let them know that this public hearing has been closed. They will see that. They will see you announce that because obviously they'll be watching the meeting to know that we're ready for call-ins. I'm just yeah, I'm just trying to think about the choosing the number for and number against. Greg, would you be able to speak to any, any thoughts on that?
Generally speaking, on public hearings, we've been allowing everyone who wishes to participate to participate. If it gets to the point where people are repeating themselves and we're not getting any new information, the mayor has the option to control the meeting and But you're not comfortable with me limiting it at the start?
I have done that before.
I mean, it might be good just to see what— how many people want to participate and see how the council feels about receiving more comment.
I think that's a good idea.
Well, if, if we were to look at it that way, Steve, you would have to give us the number of people on the phone. And are you set up to have 30 people on the phone?
Yeah, yeah, we can have up to— I mean, there can be up to 300 people on the call at a time. Now, how it'll work is they'll message in, Pete will see that, okay, we have somebody who's interested, here's the phone number. They'll call in and go into a waiting room And I won't let them in until it's time for them to speak.
And can you find out if they're for or against?
Yeah, I think we could probably ask that. Greg, any concerns with us filtering that?
I think you can ask.
Okay.
Okay, so council, just so you know, that would be my preference, is to hold it to a half hour and do 5 of each.
I would be supportive of that, Mayor. It seems like when people get on, they pretty well say the same things whether they're for or against. So I think, I think that's wisdom.
OK, so Steve, when you choose, would you choose by time of when they entered the room?
Yeah.
OK, all right.
I just suspect we're going to have a lot of people.
Mayor?
Mayor?
Yes, Brent?
I just found this petition. Is that the one from Berkshire?
Yes.
Now I see a name and I see a signature, but I see no location or where they live.
So if you look at the petition itself with all the 204 signatures, and then if you look to the left of the signatures, with writing that goes up and down rather than sideways. It lists where they're from. You have to go all the way over to the left.
Like Ivory Homes and Provo. I don't know.
I don't have it in front of me, but maybe on the bottom. You go all the way up and down the list, you'll see a lot of different locations.
Mayor, I believe what he had said was that he was, uh, trying to do it a mile radius from the property.
Yes, but he lists the locations in that mile radius, not the specific address.
I still can't see it, but we— I can talk to you later.
Okay, I can have it available on and point that out on the presentation if you guys would.
Okay, thanks, Jason.
All right, so, so, Mayor, we'll just have you begin because they'll be watching you on the stream. We'll have you just mention what your— what the plan of protocol is for tonight, and then we'll work through it on the system.
All right, scheduled item 9.4 is a public hearing about the hub district changing various parts of it to include an edge district within the hub district. Jason, would you like to bring that up?
The biggest change is just creating that zone, the hub, the edge zone, which would allow one-story, hopefully restaurants, those types of things along the parkway to allow developers to come in and, you know, focus on the retail along the frontage. and allow the visibility on their back patrons to not be blocked by the 3-story currently. So that's kind of the proposal tonight.
And the Planning Commission voted 7-0 in favor of that.
That is correct.
Any comments or questions on that?
Mayor, just to let you know, Dave Callister from Carillon Square has requested to be on the call and we did give him the link, so he'll be a part of that. He's not the applicant, we're the applicant, but he asked to be a part of that. And we, because he's a big developer in this area, we allowed him to come on.
Well, if you would make sure and introduce him and we'll bring him on. So we have Debbie who is going to report on her assignments, and we have about 18 minutes. Jamie, anything you want to mention?
Mayor, thank you. I would defer to Councilmember Larray to start, and then I'm happy to fill the time thereafter if there's any.
All right, Debbie, then why don't you go ahead?
Okay, I have 3 assignments. Summerfest, Arts Council, and Utopia. Obviously Summerfest is— we did a Summerfest light and it was successful overall. That was good. Hoping that we can do a little more expanded next year. Arts Council, they reported just a week or two, maybe a month ago, their main focus is those utility boxes, trying to get some art vinyl wrapped around that. I don't know if Charlene has an update. Has anything come through on agreements at all?
Yes, Debbie, the agreement has been approved quite a while ago, and then we just had kind of the— the good folks at Public Works were trying to be very helpful and offer to produce the vinyl on the box, but I think that COVID and sign making and other responsibilities were adding a lot onto the plate. So we have gone ahead and gotten some bids from community vendors, and I think that will honestly be a really good way to go because it just overtaxes the public works system to try and have them squeeze that in. And so John Reinhard was working on getting that done with a vendor, and then it just comes down to the weather. So we have some good art designs in the hopper, and he is working with a vendor that the city knows, and I think it'll all, all come together.
That'll be awesome. Well, we'll keep you up to date when that actually gets installed, but that's exciting and should be the first of many. And then my final assignment is with Utopia. Our last meeting, we had lots of really good news. They're going to be doing a new set of bonds, and they're estimated that next year Orem will be finished. I've heard as early as next summer, but 2021 we should be built out. I know in the area that I used to live in, Northridge, the conduits, everything, and they should have service in the next month or two. So they're all excited. They're averaging about 900 new users I think their high was 1,100, but they're really quite pleased with the 900 that are coming on each month and across the whole system. And so good news. Of course, the demand is high with people working from home, and with it having great capacity bandwidth, people are having great success. So—
Mayor, if I may ask Debbie a question on that.
Sure.
Um, one, I tried to switch to Utopia and they don't make it easy for non-technical people to make the switch. They tell me, well, just call a couple providers. Hopefully they can provide you what you want. I said, I want the same thing I've got basically, my television, etc. Who do I go to? And they said, oh, try these 3 people. And so I did nothing. It would be very helpful if they had a customer support team that could hold your hand through the transition for those who aren't as technical as the typical 35-year-old market that they go after.
Okay, good to know. I know, um—
If someone called me, I'd be happy to transfer, but no one helped me when I called the general number.
I know that I have xMission, and I think they're probably one of the most popular IPL providers, but I know there's others. There was, I don't know, 10 or 12 of them on the list. Did they send you the list of what they had?
Yeah, but I wasn't willing to shop a dozen people. I wanted someone to hold my hand through it.
Okay.
One thing I was going to mention, Tom, they do not have the ability or the right to recommend one provider.
I'm not asking for that recommendation. I'm saying who offers this television service, and they didn't do that for me.
Right. And they— I don't know that they can tell you that. They just give you a name and you have to call on your own.
Yeah, well then I won't switch.
Yeah, legally I don't think they can give you—
I don't think that's a problem. They can tell me which of their customers— anyway, Debbie, you bring it up and let me know instead of getting between Richard and I.
All right, I'll give you a question for you. Do you know how much the additional bonds are for, and do you know if Kaysville approved going with Utopia, which would require additional bonds?
I do have that.
I don't know if it's $24 million, but maybe I'll have to— Jamie knows that, I think.
Jamie may know that exactly.
Yeah, in response to that question, the amount is about $45 million.
$45, sorry.
To complete the network. And no, the, the Kaysville ballot measure actually did not pass. It failed by, I think, a few hundred votes.
Okay.
And my understanding is that Kaysville has come back to Utopia and asked if Utopia would reconsider. And at this point, I think the, the staff at Utopia are saying, you know what, we got a lot on our plate right now. Maybe in the future, but not right now.
Okay.
All right, well, thank you, Debbie. Appreciate it. Jamie, do you have anything? We got about 5 minutes is all.
Yes, thank you, Mayor. Just a couple of things, if I may. Obviously today we were disappointed in having to cancel our scheduled ribbon cutting for Library Hall. We're obviously very excited about the facility. We are now in the process of hanging art and moving furniture into the facility, and very much look forward to inviting, obviously, the residents of the city to come in and enjoy that facility. But given where we are now with COVID we made the decision in conjunction with the governor's announcement that we would postpone that ribbon cutting. However, if you are interested in seeing the new facility, I know our library staff would be more than happy To provide you with a, a live tour through the facility. And I believe also we're working on a virtual tour to provide our patrons and our residents with a— I guess you could say a virtual tour and experience of the new facility. So I see Charlene just popped on. I don't know if there's anything you want to add to that, Char.
Um, I, I think that the postponement was both a bummer and an opportunity because we have the chance to do a little more cleaning. There needs to be a little bit more spiff work. We also are still finishing up a few things in the auditorium, and until we get those finished, we can't really uncover all the seats. So, uh, absolutely welcome to tour anytime if you really want to see it at its absolute best. Give us just a little bit more time. We are filming some things and we'll be happy to send out that virtual update as we can put something together, but it's coming along nicely. It's just going to be a little bit longer before it's completely spiffed, and we, we want you guys to see it at its best because we think you'll be the happiest. But we're available anytime that you'd like to come by.
Thank you, Char and Jamie. When you get a chance, I'd like to possibly have you send us your thoughts as to who will be allowed to use the library hall, what size, if anybody will be charged anything or it's free, who will make appointments, how the schedule will be run. The operation of the facility is what I'm after.
So we do have an adopted fee schedule. And we do have obviously a number of library-specific events that will take priority in that facility.
Could you send that out to us so we know how this is going to be run and set up?
Sure.
Get that put together.
Are you looking for specific COVID protocols, Mayor?
No, not at all. So what I'm looking for is, who do you have— who would you normally have lined up to come in? The Baroque group, the bagpipe group, etc. Who outside of your normal realm would be allowed to use it? Somebody want to use it for a family function? If so, are they free? Are they— do they have to pay? In other words, the operation of the facility and how it will be scheduled, to whom and for what cost, and how that's set up?
Sure, we did, we did work with the budget committee and other areas to develop a fee schedule. Of course, the library and the city, quite honestly, will hope to use it quite a bit. And then the fee schedule is on par with a lot of what the Alpine School District charges for its facilities. So, um, there, there is a detailed tier schedule that goes along with that, and we have patterned it after Alpine School District.
If we could see that and then see who's going to be allowed to use it and for what uses, and then how, how many days a year you're thinking the library will schedule it for, for in-house groups.
Anyway.
We will certainly take a run at that. You know, during our regular holiday season, we would have a lot of groups come in. It might come back a little bit slowly given that some of the groups will have to find a comfort level, and we respect that and understand that, and we want to manage that completely appropriately for the community's safety as well.
Yeah, if you could just give us a ballpark idea in the next month or so of what you are viewing as the way this will be operated?
Sure.
Okay.
And of course, not to be outdone by Councilmember Pedersen and his holiday display behind him, we are excited obviously for the lights to be returning to the City Center and Library Hall. Work is underway and we will be prepared to share the holiday spirit with all of our residents here in a And we do have the Freedom Tree with blue lights, correct? Well, I, Mayor, I have not been on site in the last week, so I can't guarantee, but I work with somebody who is always very quick to make sure that that is in place, and so I'm pretty sure that Christy has that under control.
Okay.
Everything looks amazing. The front of the library, the library, The side of the Public Safety Building, it looks great. It is so cheerful. You guys are going to love it.
So just a couple of other items. We have contracted with Landmark Design. I represented to you last council meeting that we were going to work with a consultant in the development of some design options for Hillcrest Park. I just want to let you know that we've entered into an agreement with them and we are in the process of kicking off that effort. Obviously, you're also aware of the governor's mask mandate and some of what he is going to require of cities, specifically as related to recreation programs and the enforcement of a mandate, so on and so forth. And we are working on that as staff and are obviously adjusting our operations to consistently reflect what the governor would like us to do as a city. In addition to that, I want to remind you that you may not necessarily be aware just yet, but our open enrollment period opened for our employees, including yourself, today. And so you have an opportunity to sign up for city benefits in cooperation with our employees beginning today, and we are going to do this by way of online connectivity and some online meetings. So that information will be available for you to help you make decisions as related to your benefit elections. I'm also in the process of working with Intermountain Healthcare in finalizing the property donation that is associated with Orem Community Unfortunately, things got slowed down a little bit. The gentleman that I was working with got COVID, and then I got COVID. But we hope to have that finalized by the end of— well, we will have it finalized by the end of this calendar year. I just want to let you know that's underway. And then finally, we received a preliminary report from the Forest Service. This week who has assessed the essentially the burn scar that is associated with the Range Fire, and they have identified certain areas of that burned area that are more concerning for problems in the future than others. And so we as a city are going to begin tackling that particular area to see what we may need to do in order to mitigate any sort of debris problems that will result in the future if we have precipitation events. And the Forest Service has identified certain areas that are of moderate concern, certain areas that are of low concern, and of course certain other areas that are of high concern. And so we're in the process We'll begin that effort next week to start sitting down and talking about what we can do to make sure that when we have precipitation events, we have systems and things in place to ensure that it doesn't lead to problems at the bottom of the hill. So, and then finally, I just got a note from Christy and Mayor She is happy to report that, quote, the Freedom Tree is ready to go.
All right, that's great.
Appreciate it.
That's all I had today. Thank you.
Okay, so it looks like we're a little out of time, but I think we ought to take a 5-minute break and then start at 6:05 if that's good for everybody. So we'll meet back here at 6:05.
Both will end in the U. You want to call it a write here, right? Okay.
I'll say when I have it, I'll let you know.
Y'all need to do something. Question for you. Have we ever thought about putting lights on the trees out at the parks, East End Park? We had talked about it, yes. Because there's some perfect Christmas trees out there, right?
Yeah.
Perfect.
Yeah.
And I just thought, you know what, it would be so cool if we had lights out there where people walk. Do you attract people to come and walk like during the holidays? Oh yeah, yeah. No, I agree. I think that would be so cool.
Yeah.
I just don't know if you've ever talked about that.
We're gonna require a bunch of extra power. We talked about it a few years ago. And then— because I totally agree. Yeah, that would be an amazing lot.
I mean, it could be a regional attraction.
Yeah, I agree. All right, let's go ahead and begin our city council meeting. Steve, are you there?
Yep.
I'm here.
Okay, I'd like to read a statement to begin with. This is a notice of an all-electronic meeting and opportunity for public participation. Pursuant to Mayor Richard F. Brunt's proclamation dated November 1st, 2020, the Orem City Council meeting on November 10th, 2020 will be an all-electronic meeting. There will be no anchor location For the meeting, the city cannot ensure the recommended minimum of 6 feet of social distancing for meeting participants at the usual anchor location in the Orem City Council Chambers. Therefore, holding the meeting in the City Council Chambers would present a substantial risk to the health and safety of those who may be present at the meeting and may contribute to the spread of COVID-19.
You saw that?
There will be no public access to the Orem City Council chambers. Those desiring to view or participate in the meeting must do so electronically. To view the meeting, please go to orem.org/meetings. To make a comment, please submit your comment through orem.org/comments or call in. Written comments will be accepted before and during the meeting. All written comments will be entered into the record and forwarded to each city council member for review. Written comments will be also be read aloud during the live meeting when required by law or when time permits, and we are allowing call-in comments this evening as well. As technology permits, the city council may accept oral comments.
It'll be chilling.
Once an item has been voted on That item will be closed to additional comments. Thank you for your cooperation during these challenging times. So I would now like to call the meeting to order, and we've asked Brent Sumner to give us the opening prayer and Kenna Matthews to lead us in the Pledge of Allegiance. Brent, I'll turn the time to you.
Our kind and eternal Heavenly Father, we're indeed grateful for the opportunity we have to Serve and be part of making our community the best it can be. And Father, we ask special blessing for tonight, that, uh, council, staff, and citizens will make decisions that will better our community and provide a better standard of living for our great community. And Father, we're thankful for the great country we live in, and we ask that we come together as a nation for the problems and the betterment of our fine country. And we ask special blessing on our health officials and, and that they may help us and direct us through this pandemic, that we may be able to have little discomfort as possible and have thy Spirit with us. Father, we love thee and grateful for all our opportunities. We say these things in the name of Jesus Christ. Amen.
Amen.
And I will turn the time to you.
All right, I had a flag, but I can't share my screen. Stephen, can you let me share the screen?
Yes, yes, sorry.
OK, you can share the screen now.
OK, thank you. OK, please repeat the pledge with me.
Everyone rise.
I pledge allegiance to the flag of the United States of America.
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. Okay, thank you. All right, we would now like to hear a report on the Metropolitan Water District of Orem from Neil Winterton. Neil, we'll turn the time to you.
All right, I'm just trying to see if Steve Brown was able to get in.
He is on the call.
Okay.
Neil, does somebody need to be able to share their screen on this one?
I don't think so, no. I think Steve just has some prepared words and we will follow up. So Steve, if you are there, go ahead.
Yeah, I am here, Neil. Mayor Brunson, city council members, it is my pleasure to provide an update on the Metropolitan Water District of Orange County. forum. We do this on an annual basis. Again, my name is Steven Brown, and I'm the current chairman of the district. Just a real brief history. The Orem Metropolitan Water District was created in 1935 through a special election, and the vote was 298 to 55. And that, that's when the district was created. The board works with the city, specifically with Neil and Chris and their staffs, to provide and assure reliable, adequate supply of water for the city. The board members— currently the board consists of 7 members. They're appointed by the mayor and council. Each member serves without pay for a term of 6 years. Our board members include Jack Jones, who's been serving since 1977 for about 43 years. Rick Miller, who's been serving for 21 years. Liddell Gilman, I believe, is about 9 years. Alex Lopp is 9 years. Chris Shirkey is the Orem City representative. representative from the public. He's the Public Works Director. Tim Crandall was appointed in May of this year. And I have been serving, I believe—
I think you meant Greg Lewis—
Rick Lewis. OK, Rick Lewis.
Sorry, I— sorry about that, Neil. And then Neil is the manager for the district. And then we have Ruth Ann Ivy, who has been serving as the secretary for 25 years, and she sort of keeps us all in line and keeps everything functioning properly. The water supply for a city, if you took a typical gallon of water for the city, about 60% of that water is provided through water rights that the Metropolitan Water District District owns. The remaining balance comes from springs and wells that the city owns and operates. The surface water rights consist of 3— probably 2 distinct sets. One they refer to as the natural flow of the Provo River, and then you have storage in Deer Creek and Jordan L. Most of these rights have been acquired through irrigation companies and some direct purchases with Deer Creek and Jordan L. The surface waters are supplied to the water treatment plant in Orem, and it's treated, and then it's transferred to the city for distribution.
Um, I've got a question.
Okay.
Just quickly, um, the water rights, are they in the name of the Metropolitan Water District or in the name of the city?
They're in the name of the Metropolitan Water District.
Okay.
And, um, the, the board, we continue to purchase water shares as people with Retire their property in the city and convert it to housing, and we'll take advantage of opportunities as they arise to purchase shares. And we, I think, just a couple other notes I had here: the water district is considered a. a separate and independent political corporate entity with the state, and we're subject to the rules and regulations of the state, and therefore we have an independent audit conducted annually. And we're just in the matter of finishing up that audit right now for 2019-2020. Since I've been on the board, there has not been any been a significant or notable concern expressed through these audits. I think the— I'll say between Neil and Ruth Ann, they take very good care of the record keeping and the procedures that we follow.
It'd be nice though.
I think that summarizes my portion of it. I'd like to turn the time back to Neil or Chris to see if they have any comments. And then they can also address any questions you may have.
Yeah, thanks, Steve. My role in the Metropolitan Water District is the manager. And so that role dovetails nicely with my position with the city as the Water Resources Division Manager. And Steve mentioned Ruthann, who is the secretary for the Metropolitan Water District. And Ruthanne is truly the person behind the scenes of the accounting, which includes payments to the various companies, to the various organizations that we owe assessments and then also as part of revenues from those that have business dealings with the Metropolitan Water District. So I don't know if Ruthann made it on to the call, but she is— She's on the call. Okay, she is on the call there. Ruthann, maybe you could tell us how many years have you been with the organization? And you're on mute right now. Well, maybe she's, she's having difficulties or whatever else, but I think for 20 years plus, Ruth Ann has been involved with the finances and and has done an excellent job. Our relationship with the Metropolitan Water District as a city is outstanding. And the Metropolitan Water District has played a key role in servicing the city. And in 1935, the Orem city proper was a lot smaller, and as it expanded, but the The district has ensured that the agricultural needs at the time and the municipal needs moving forward are met and works in a spirit of great cooperation for and on behalf of the citizens of Warren.
Neil, I think Ruth's unmuted now.
Ruth Ann, could you tell us how long you've worked with the district? Maybe she doesn't have a microphone.
That could be.
Anyway, that— we'll take any questions if anybody has any questions.
Okay.
Mayor, this is Terry. I do have a comment.
Go ahead.
Stephen Brown and Casey Shaw that was on earlier, If they're as good with water as they were as basketball players at Orem High School, we're in good hands. These are both great basketball players. I know the city wanted to know that.
Thank you.
I would have to say we were great basketball players, maybe. I don't think I am anymore.
Well, we're going back in time, not now.
We'll use the past tense.
Yes, he's also very good.
I think Neil dunked on Steve once too.
Steve Watts? Oh yeah.
No, I think Neil dunked on Steve once.
Oh, he did?
So he's pretty good too. Well, thank you, Neil and Chris and Steve. Appreciate all the good work you do with the district, Steve.
Okay, thanks, Mayor Brunson.
Thank you.
Thank you. We'll now move on to our personal appearances portion of our meeting. Do we have anybody at the moment on the line or that's written anything in? Steve Downs?
Let's wait the 90 seconds and we'll compile and watch.
You don't have anything at the moment?
I think we have one.
We're looking.
I think there's one that's not related to the public hearing.
Okay, well, we'll start our 90 seconds right now.
It might be easiest for you to sit by me during this. Breathe on me. Expose. If we're going down, we're going down.
Okay, Mayor, while that 90 seconds goes, we can start with 2, 2 comments that we have that are not related to the, uh, public hearings tonight. Okay. To the mayor and council members, Orem City's acquisition of the Hillcrest Property Elementary School is once in a lifetime opportunity to add centrally located green space to our city's landscape. It also has the potential to benefit a large proportion of our city's population who currently have extremely limited access to green space. During the last City Council meeting, Councilmember Tom McDonald voiced concern about Orem citizens being like kids on Christmas with pie-in-the-sky expectations for the park. We would respectfully counter and say we should be like kids at Christmas. This is an amazing, exciting opportunity community. We'd be ashamed to not recognize it as such. How does this mean that we as citizens should get all of the pie-in-the-sky amenities at this park? No, we realize that there are fiscal constraints. However, preserving all 9 acres with the bare minimum cost if needed now so that amenities could be added later as funds become available is a much preferable option than to sell a large proportion of the acreage. The sale and finality of the loss of this land would a short-sighted decision. We have the chance to create a large space that generations of citizens will enjoy. We humbly ask that the city refrain from selling— refrain from selling part of the acreage, even if this means that the park may not have as many amenities. Preservation of all 9 acres as green space should be the highest priority. Orem has a great track record of encouraging the growth of businesses in our community. In this case, please refrain from making the best business decision in terms of dollars and cents, but instead make the decisions that will have the greatest benefit for the current and future families of Orem. We think— we can't think of a better way to honor our city slogan, Family City USA, than the creation of the full 9-acre Hillcrest Park. Signed, David Buse.
Oh, that's a different one.
Oh, sorry, David Buse is the next one. That one is signed by Jennifer Nelson, Timothy Keller, Kim Strasburg, Scott and Christina Libert, Patricia Conrad, Laurel Smith, April Johnson, Brad McIntyre, Leon and Darlie Hunsaker, Janet Alvarez, Evie Forsyth, Wendy Smith, Kay Smith, Aaron Soder, representing Friends of the Orem Hillcrest Park, 500 members plus and growing. And then the next, David Buceth. Where would the 10 million gallon tank be placed in Community Park?
Okay, has anyone else called in or written in?
Nobody else, Mayor.
Okay, so our time is up for our personal appearances and we'll move on to our consent items. The first one is approval of city meeting minutes of October 27th, 2020. Item 8.2 is 3 appointments to of the Orem Neighborhood Advisory Commission of Jana Bauer, Angela Cottrell, and Murray Lowe. And the third one is a resolution approving certain sections of the City of Orem City Manager's department retention schedule. If anyone would wish to put these on the scheduled items, please let me know now.
So moved.
If not, I will make a motion that we accept the consent items as listed. Is there a second?
Second.
Okay, I'd like to take a vote on that. Debbie Laree?
Aye.
Dave Spencer?
Aye.
Jeff Lampson?
Aye.
Terry Peterson?
Aye.
Tom McDonald?
Aye.
Brent Sumner?
Aye.
And Mayor Brunstad, I vote aye as well. Our consent items pass. We'll move on to our scheduled items. The first one is a public hearing. This is a resolution. The city will receive public comment on the Community Development Block Grant projected use of funds for CARES Act CDBG-CV funding and consider approval of a substantial amendment. to the 2019-2020 Annual Action Plan. And Ken Ransom and Kenna Matthews are our presenters. And are you on board?
We are both here, and we'll turn the time over to Ken for the presentation.
All right, can you hear me?
Yes, we can hear you.
Thank you.
This is Ken Ransom, and thank you, Mayor and City Council, for your support of our commission.
We get to see you every month.
Yeah, pretty much lately. So it's good to see you again. I hope everybody's doing well. All right, next slide, please. So the City of Orem's initial grant amount for CBBG COVID funding, it was $411,983. And the specific projects that we have proposed and the council has funded so far are listed there. And at the bottom, we have the amount that's still listed, listed to, to still be allocated. And the funds are required to be used for COVID-related items and cannot be used to offset revenue shortfalls or duplication of benefits. Next slide, please. And the council, early this year, listed the priorities that the council had for this funding. Those are listed to— those are listed there. Next slide, please. Our latest recommendation to the council is the Orem Public Library is requesting $7,200 to purchase 30 wireless hotspots to be loaned to low to low to moderate income households in need of internet living, internet access in the city of Orem. So my understanding is those are checked out and then returned, and so 30 people can use, can use that internet access at a time. And so our, our commission, we recommend that the council fund this request. And the critical, or the critical home Repair and Home Rehabilitation Program. There's a request for $75,000, and our, our commission recommends that this request be funded as well.
Do you know how many homes that would cover, Ken?
Kennedy, do you know?
Probably, probably 4 to 6, depending on what the need is to the home.
OK, thank you. Mayor, I've got a question.
So, uh, Ken, how did you come up with that number?
Do you need more money, or—
So yeah, we have had quite a few applications, and as of late, especially a lot of critical, very critical applications for roofing, for roofs mostly. And so we asked our consultant what he felt he needed to address the very critical of needs right now, and that's how we came up with that amount of money.
Okay, so do you think that's enough or should we go higher?
Just with the amount, with the timeframe that we can spend it and meet the COVID-related requirements, we feel like that's probably a good amount of money.
Okay, thank you.
Correct, we could come later, yes.
All right, to summarize our recommendations to the council, so $7,200 for the Orem library hotspots and $75,000 for the Crookville home repair program. And then there's an additional $5,000 that Kids on the Move has returned to the program that they have decided that they do not need. And so And then the amount remaining to allocate is $106,132.
Okay.
Any— I'm sorry, go ahead.
So yeah, we're almost— try to keep these brief. So there's an additional allocation that we'll have future recommendations for. So there, there are additional amounts to, to be used if needed, and we'll make future recommendations on those. Next slide, please. So the next step is to support a funding recommendation and adopt a resolution. I think the next slide is just questions. So thank you, Mayor and Council, and for your time and for your support of our commission. And thanks to the city staff who are a great help to us. Thank you, Kenna.
Thanks, Ken.
Any comments or questions? I have a quick question. Go ahead.
Um, Kenna, what's the timetable, um, to allocate the rest of this? You said there was a time schedule with the $75,000.
Yes, we have to have all the money committed by August of 2021. Um, 80% of the money has to be spent in 3 years and the other 20% has to be spent in 6 years. But to make it, to make it meet COVID guidelines, it's really hard. It's going to be really hard to go that 3 years. So we, we're trying to limit it probably within 12 to 18 months of when the person makes the application.
Okay, thank you.
You're welcome.
Any other comments or questions? All right, then I would like to make a motion to have the City Council adopt the recommendations of the CDBG Advisory Commission and approve a substantial amendment. Mayor, I believe this is a public hearing. I'm sorry, what? I'm sorry, okay. I move that we hold a public hearing to receive public comment. This is a public hearing, yes. So I need to open it up to the public first prior to making a motion. So I will go ahead and do that, open it up for public comment for 90 seconds, and anyone who wishes to write a comment in or call Please do so.
Thank you.
Okay, let's go ahead and close the public hearing portion, public comment portion of our public hearing, and bring it back to the council. Any All right, then I would like to make a motion that the City Council adopt the recommendations of the CDBG Advisory Commission and approve a substantial amendment to the 2019-2020 Annual Action Plan. Is there a second?
Second.
Okay, let's go ahead and vote. We'll start with Brent Sumner.
Aye.
Tom McDonald?
Aye.
Terry Peterson?
Aye.
Jeff Lampson?
Aye.
Dave Spencer?
Aye.
Debbie Laree?
Aye.
And Mayor Brunstad, I vote aye as well. Resolution passes. We'll move now down to scheduled item 9.2. This is an ordinance amending Appendix A of the Orem City Code Code by amending Standard Land Use Code 6413 from automobile repair to automobile repair mechanical only, and enacting Standard Land Use Code 6414, auto body repair and paint. And Jason Bench is our presenter.
Thank you, Mayor.
Can everybody see my screen?
Yes.
Okay, thank you. So tonight is simply on this item, is just enacting 6414, which is auto body repair and paint. We currently have 6413, which encompasses all the different components of automobile repair. What we've discovered is that the state does require separate approvals for auto body and painting with paint booths and different things like that. So if you have an auto mechanic that simply does engine repair and things, they don't need those special or specific licenses. And so we'd like to differentiate—
It's on the meetings page.
Separate them out, basically. 6413, which is existing, and then add 6414. Planning Commission did make a positive recommendation Any questions or comments?
Yeah, I do. Jason, are these exactly the same, the nos and yeses? And I mean the Ns and the Ps?
They are, yes.
Then I guess I'm a little confused as to why we need to do this.
Could you educate me?
You bet.
So the business licensing are going to require them to provide more detail if they're coming in for auto body repair and painting, they're going to require them to submit the state approval for the, for the different requirements or different licenses that the state requires versus somebody that comes in for just mechanical only. They're not going to require that. So there's going to be some different business licensing requirements, and this just helps them to differentiate between the two.
Gotcha.
And for example, if you have a paint booth, you're going to have to have Air circulation and filter standards, etc., that a regular mechanic would not have to have.
Correct.
Yep.
Jason?
Yes.
In the packet, it said something about that a lot of these repair and paint businesses are in residential and home areas. Is that Is that a problem within our community?
We do have a few that have not been licensed, and that's what NPU is finding, not necessarily around residential, but there's a couple in the M-2 zone that have just started painting without going through this process. So this just allows them to have a specific land use code. And as long as people comply with the requirements, as far as, as the mayor indicated, separation from the air and different things, there typically is not a problem. Being next to residential.
Okay, thank you.
Any other comments from the council? So this is a public hearing, so we will open it up for public comment for 90 seconds starting now. All right, we'll close the public comment portion of our public hearing.
Steve?
Steve, have you received any comments?
No comments, Mayor.
Okay. So we'll bring it back to the council. Any comments or questions? All right, I would like to make a motion that by ordinance, the city council amend Appendix A of the Orem City Council Code by amending Standard Land Use Code 6400 6413 from automobile repair to automobile repair mechanical only, and enacting Standard Land Use Code 6414, auto body repair and paint. Is there a second?
Second.
Second.
Okay, we'll go ahead and start with Jeff Lampson first.
Aye.
Dave Spencer.
Aye.
Debbie Luray.
Aye.
Brent Sumner.
Aye.
Tom McDonald?
Aye.
Terry Peterson?
Aye.
And I, as mayor, vote aye as well. The ordinance passes. We'll move on to our scheduled item 9.3, which is also a public hearing for an ordinance amending Article 22-5-3A and the zoning map of the City of Warren by changing the zoning of approximately 2.16 acres from the OS-5 zone to the C-2 zone at approximately 2000 Geneva Road. And Jason Bench is our presenter.
Thank you, Mayor. This item is the property you can see on the screen, 2 properties on 2000 South Geneva Road. The applicant is proposing to rezone that to a C-2 zone for the purpose of Building a convenience store with gas station component as well. Just by way of reminder that this area, we just recently in August of 2020 updated the general plan. As you recall, the CC down on the corner that's outlined in the red cloud area is designated as community commercial, which does support a rezone to the C-2 zone. So this is the location. The general plan is community commercial. The applicants are simply requesting that that be rezoned to match that general plan designation. Currently it is zoned OS-5, which is a holding zone for the purpose of coming to the city council to request the rezone. And as you recall, we do that on purpose so that it does have to come back to the council for consideration. So they are proposing the C-2 zone. This is the concept plan. The site plan would come later. This is simply a concept showing a general location of the gas station with the pumps. You can see on the—
turn on my highlighter—
Geneva Road is the left of your screen, and then 2000 South is at the south of the screen. In this section of 2000 South, it is controlled by Provo. The property is in Orem. This street section, though, is in the jurisdiction of Provo, so they do have to obtain Provo's approval to access the street, as well as UDOT to access Geneva Road in this location. These are some concept plans that they're proposing. They will have a couple of restaurants or, you know, fast food areas within the convenience store as well. They're proposing 8 pumps, which corresponds to 16 filling stations. So each pump corresponds with a filling station on either side of that. So 8 pumps total, 16 filling stations, or hoses, I guess you want to call it. So this is looking towards Geneva Road. This is looking Looking east, and they have provided with a couple of night— so you can see how the lighting— one of the issues with the Planning Commission was how the light would maybe interfere with some of the residential. This is showing how that is going to work at night. So they do have lighting obviously on the pumps, but not spilling out directly into the neighborhood.
Thank you.
I have a question. Did they tell you, is this a 24-hour operation, or what are their hours of operation? Did they say that?
Well, the applicant is on the line. He'll be able to address that, but I believe that they were indicating that it will probably close around 10 or 11 PM. They don't think that this location would warrant necessarily a 24-hour operation, so they will be closing, you know, within— before the midnight hour.
And then opening at 6? 7 AM, did they say?
Probably then, to obtain the traffic that is going from the residential areas up and connecting into University Parkway. And so it's, I would imagine, about 6 AM or so.
OK, thank you.
Jason?
Yes.
Is this just gas? Do they sell diesel as well?
I would assume they do, but I'd have to defer that to the applicant, and they want my presentation, Hopefully the mayor will allow them to, to do their presentation. I would assume that they'll have full both types of fuel.
Okay.
I just really quick, these are the 2 homes, they're older homes that will be taken down. Just by way of information, UDOT is looking at putting in a light at that intersection. So I would imagine within a year or so, they will be putting in a traffic signal. And so that will be part of that as well. As stated in the pre-meeting, the Planning Commission did come to a 3-3 vote, so there is no official recommendation to the council. And so it's really up to the council now to determine if this does fit within the area. So glad to address any questions that you may have.
So Jason, is the applicant there online?
Yes.
Yes.
And what is the applicant's name?
I don't know if Joe's on. There's Joe Jensen, Ed Axley, and Steve Davies may all be on the line.
Okay. So a couple questions. What is the brand of the gas station? Number one. And number two is, are you doing something with the electric lines that seem pretty prominent, both on the north-south and east-west John, John, do you mind responding to those if you're available?
Yeah, this is John Jensen. I work for Davies Design Build. Generally speaking, the power poles that are on Geneva Road are currently inside the Geneva Road intersection redesign, so we're expecting those poles to be moved. We haven't really made any effort to move those underground, partially because we haven't got to the engineering phase yet. I would say to your question, Mayor, anticipating those poles to move, but we haven't taken any additional thought to that.
And then what is the brand of the gas station that's going to be there?
So our, our operator, it's on our Rendering. We operate under the Eagle brand. You might have—
I saw that on the drawing. I don't— haven't ever heard of the Eagle brand before.
They, they, uh, if you go towards, uh, Vernal through Heber, they have a, um, one of the gas stations. They have one also in, um, Englewood, uh, and a handful in Colorado.
Okay.
Any other comments from council?
Mayor?
Yes, go ahead, Brent.
Is that gas only or diesel? Is the applicant there?
Can you answer that?
We currently anticipate having both because there are cars and trucks that Okay, now will you, will you service diesel or large trucks in this, in this store or area?
That's, that's normally for a high-flow gas station. We are not where we have, you know, larger trucks or catering to larger trucks. Trucks may come here but not necessarily would be catering to them. Um, delivery trucks might come in here to fill up, but semis and that probably we don't anticipate coming here because it's not set up for their, their turning radiuses.
So there's no, uh, there's over— no overnight, uh, staying for a semi or something like that?
Correct. This, this, this probably would not be a very Convenient place for what we normally call a truck stop. The exit.
Yeah.
Thank you.
Can I ask you a question, Mayor?
Sure, go ahead.
Jason, you mentioned that Provo and UDOT both also need to sign in on this.
Do you—
do we know what their thoughts are on this? And also, do we know what Provo's intent is?
For the rest of that street, the 2000 South area, in that same area.
The applicants did go to Provo and to UDOT to give preliminary review. We did ask them to do that because we knew that that was in those 2 jurisdictions. UDOT did review it and basically reserved the right to approve it subject to the site plan coming through. They did review the site plan and realize that there could be an access, or probably would be an access on Geneva, but would not commit to what type of access until a site plan came through. Provo did the same thing. They did give a preliminary nod that there would be an access on 2000, but again, they reserved the right to review it when the actual site plan comes through. So we both— we got preliminary reviews from both. Both seem to be positive, but they obviously, like I said, reserve the right to approve it finally when it comes through for the actual site plan. As far as the development along that stretch in Provo, anything on the south side of 2000 is in Provo's jurisdiction. Everything on the north is in Orem. They simply have the ability for us to require applicants to come in and review with Provo. Provo does not have to give approval for the site plan, but they do have to give approval for the access. And so that's why we— they need to go to Provo. Hopefully that addresses your question.
Okay.
And do we know what—
are there other commercial businesses going in on that same street? It looks like this is just a little teeny tiny plot of commercial land surrounded by residential. Do we know what will be going on further east on 2000 South on the Orem side and on The Provo side.
So this is the maps for Provo. So the general plan and the zoning map currently for the south of 2000, you can see on the corner, so kitty-corner to this on the southwest corner, it is general plan for mixed use. So there is a potential to have some type of commercial on that corner. The other one, if you look at the zoning map, SDP-4, which is more of a residential specific plan in Provo. So I would think that that's probably going to stay residential. The potential of any development is going to be more on the corner here, kitty-corner to what we have here. Development in the Orem side on the north side would be residential. If you look at the general plan, if I go back, you can see R-8 and then go back to the further ones. So low-density residential is what the designation is if and when it gets developed, it would be more of a resident low-density or, you know, PRD-type development east of this development.
Okay, thank you.
Any other comments or questions?
Can I ask my question about hours of operation again? Now that the—
sure.
Tell me what your hours of operation would be.
So we are anticipating to go no later than 11 PM. And I'm trying to verify what time we think we'll open.
John, Jay, Debbie, this is Nate House on the operating side of this.
It would be 5 or 6 AM to 10, 11 PM.
There likely won't be sales sufficient enough to justify hours of operation later than that.
Okay, thank you.
I do have my hand raised, Mayor, when you—
go ahead, Tom.
So are there zoning changes being requested here, Jason? And then let me ask you 2 or 3 questions and reserve the right to come back. Are there zoning changes being requested, and do you know what the Planning Commission, who had a split vote, why they had a split vote, and why your group was in favor of it. Could you educate us on those points?
Yes. So the C-2 zone, they are not requesting any other changes other than to rezone to the C-2 zone. So the gas station that you see before you would fit in the C-2 zone. To answer your question about the Planning Commission, there were a couple of planning commissioners that were in favor But they wanted to be able to tie the developer to this specific site plan. And by zoning it to C-2, this does not bind the applicant to build what you see here tonight.
Nor does it bind them to keep the hours that they just alluded to, right?
Right. So yeah, so there's no limit on that as well. So if the council wants to do that, there would have to be some type of development agreement between the applicant and the city to, to tie them either to this application or the hours. But if you just rezone it to a C-2, then any uses that are permitted could go there in the future.
And why was the city staff in favor of it? At least I think that's the recommendation you're bringing.
Right, we were in favor basically because the general plan was modified to allow this as a community commercial. We felt commercial was, you know, sufficient on the corner, especially with UDOT coming in and putting a light. And the improvements along Geneva Road in 2000 would support, I think, this in a favorable way.
And Jason, to that end, could you give us kind of a broader, larger map view of kind of how it fits in? I know you had one of those, but they kind of— they zip past me.
All right, so this is the overall general plan. So you got portions of Provo, which I can go to that map if you want, but kitty-corner to this area would probably—
where is Approval right now, aren't they in the uncolored to the bottom of the page?
Yes.
OK, thank you.
So on the southwest corner, so this area right in here where the horse barn and other things are, that area is designed to be a mixed-use development. I don't have any specific plans that are approved at this point, but there is a potential to have some type of, you know, office, retail, and then the mixed-use of, you know, medium density or whatever in that corner as well. As you know, we have community commercial in this location here, which is the Lakeview Parkway, that future road there. So there is commercial there, there is commercial here, and then there's the potential that we changed this as well to be commercial. So it does fit within the general area. And as you know, then on University Parkway, there is commercial, a gas station at this location, and some other things. So generally, this is more of a neighborhood commercial, so it fits fits within that neighborhood and services the general neighborhood of the area.
Do you know where Mr. Nordstrom lives, who contacted perhaps several of us?
I don't specifically know.
He says he's the chair of a homeowners association that's in the neighborhood, maybe right across, maybe just to the west of it. He said he's an Orem resident, not a Provo resident.
Okay, I don't know. Most of the neighbors that came into the Planning Commission were in this area here, which is Okay, I could have misunderstood.
Does anyone else know where Mr. Nordstrom lives? Tanner Nordstrom?
Councilman McDonald, this is Ryan Clark. He lives in that Provo neighborhood where Jason has his red dot.
Okay.
And I could also add to what Jason said about why staff is in support of this project. When Davis Development approached us about putting a gas station there, at this location, we shared with them that it was going to be an extremely difficult feat if they were to build a standard gas station. And we encouraged them to look at ways to minimize the impact to the neighborhood in regards to lighting, the architectural style of the structure, the height of the structure, and, and making a very nice site. And they went back and designed a building that was more of a residential style that fit with the neighborhood versus a traditional square, boxy, flat-roofed service station. And so that is one of the reasons staff has supported this, is because they took a lot of our input back in what we thought would help make a more desirable development for the neighborhood.
But, but Ryan, if I understood Jason's earlier comment, unless we come into some kind of agreement, they may or may not build what we're seeing the picture of.
Is that correct?
That is correct. And so we would highly suggest that tying something down in a development agreement, if Davies was willing to do so, I think would be a great recommendation. You finished, Tom?
Yes, thank you, Mayor.
Okay, Brent, did you have another comment?
Yeah, a few years ago, Brian— well, Jason, I know, remembers this. We went through a real painful process with the lights, electronic lights on the freeway with the residential people there. You know what I'm talking about, Jason.
Right.
And I know you don't allow— is it correct you don't allow electronic signs here?
Right now there's no sign zone here, so they would be limited to specific Specific sign, but they probably would be allowed electronic signs. So we'd want to probably have them dimmed. Right now the ordinance prohibits direct glare into the neighborhood. So if there's an issue with the sign, we would work with them to make sure there's no direct glare into the neighborhood.
Okay, that's one thing that concerns me with being close to residential there. The lighting or Affecting the neighborhood there. What can we do if it becomes a problem?
I would suspect if they close at 11, for example, we would ask them to just have the bare minimum security lighting and not have the, you know, the canopy lit up like you typically see along a freeway. So we would probably still allow some type of lighting, but not have the whole canopy illuminated after they close.
But again, we can't hold them till 11 o'clock.
Do you mind if I just intervene for just one second? I apologize. This is Ed Oxley, President of Davies Design Build. We would be in favor of a development agreement. The things that we have shown and talked about tonight, we're happy to tie ourselves down to that if that becomes part of, you know, the approval process. So if it, you know, those kind of things, we would be happy to sit down and talk to both staff and everything and come to some type of agreement that would be copacetic to everyone involved.
Mayor, I've got a question.
Go ahead.
So Dave here, on the— I'm definitely in favor of a development agreement, but also what about a fence around the property since it might be residential behind?
Is that something we can propose?
We do require already by ordinance at least a 7-foot a masonry wall next to any adjacent residential property. So they would be required on the north and the east side to have a masonry wall.
Any other comments or questions from the council?
Yes, Mayor, I have comments.
Go ahead, Terry.
So sitting in on the Planning Commission meeting, it was really interesting. As has been mentioned, it was the 3-3 vote.
And most—
the 2 pictures that Jason's showing us are those— are these 2 pretty old rundown homes right along Geneva Road. Probably a better picture of the problem with this would be behind the service station where it's all brand new homes. It's a new subdivision. So if you go to the east of the property and go around to the back, one of the neighbors wrote a comment. to the Planning Commission saying this is her dream home and one that her and her husband were excited about moving into. You know, I'm paraphrasing Jason, but anyway. And she's very sick that there'll be a service station perhaps in her backyard. And so for me, where, you know, where people bought their lots down there planning this was going to be a nice residential area. and to have a service station behind it, even with the different concessions we're hearing about, is— was why I think you saw really some concern or a mixed bag with the Planning Commission.
Yeah, I would agree on that.
Any other comments? All right, well, this is a public hearing, so we will open it up to public comment. We will take a minute and a half for people to write in or call in. I would ask that we hold this to a half-hour maximum, so we would allow 5 comments that are for and 5 comments that are against for 3 minutes each. And we'll go ahead and open this up right now for 90 seconds. To find out who would like to make a comment.
Jason, I'm going to ask if I could share the screen. I have a timer that will pull up as comments start to come in.
You do have some written comments, Mayor.
That's okay. We'll start with those.
Sure, go ahead. You can do that while we're Waiting.
Mayor, I'll use this timer to kind of— for the written ones as well, so we know how far we're going. Okay. Thank you for your time and willingness to consider my message below in regards to the zoning at 2000 South and Geneva Road. I've been directly working with Davies Design Build as the operating partner for convenience stores, gas stations, QSR food establishments. We currently operate in the Utah and Colorado markets. My business as a retail and fuel operator began in 2014 in Panguitch, Utah. Prior to 2014, my time was spent managing the operations finance team for an ultra-low-cost carrier airline. I was a CPA with Deloitte prior to the This letter is specific to the environment concern discussed at a Planning Commission meeting held on 10/27/2020. New gas station construction is very different than even construction completed 10 years ago. Below are some of the methods and equipment we use to ensure environmental compliance, which is synonymous with our success as operators and investors. One, underground storage tanks. New installs have multiple options to provide continuous monitoring of environmental release. This is completed through interstitial monitoring, which is— which means the USTs have sensors between the exterior shell of the UST and the fuel holding tank of the UST. These alerts are instant when the sensor is triggered. Automatic tank gouging— gauging. This process— this provides automatic inventory monitoring versus manual sticking the tank like a dipstick on car oil. This is implemented on all of our sites that are USTs. The tank The fuel tank reads flow directly to our IT system and allow us to automatically monitor inventory and identify variance in fuel gallons. Statistical inventory reconciliation, this is a method of statistically tracking fuel inventory to monitor if an environmental release may be taking place. The IT system we use in connection with the ATG makes this an automated process within our business. Election line leak detection, this piece of equipment actively This allows you to test the fuel lines in the ground on a regular basis. Example, 3 people are pumping in the unleaded line. When the final fueler hangs up the nozzle, the electronic line leak detection will engage and pressurize the line. If pressure is lost there, there will be an automatic stop so that the fuel line would need to be addressed before the line can pump more fuel. This testing can be completed every time a fueling event is finalized. Double-walled fuel lines. Flex fuel piping. If there's a leak in the main pipe, it is released into the exterior piping, and the pressure will push it back into the sub-containment. The release would be noted through a sensor that identifies liquid in the sub-containment or an AV inspection. Many older sites have single-walled piping, which could result in a line leak directly into the earth. Under dispenser containment and sub-pump containment will be installed. to separate fueling equipment from any direct ground contact, providing an additional layer of environmental protection. A/B monthly inspections. This inspection includes evaluation of the entire fueling system and documenting it for the state and internal records. Tank tightness testing and pipe tightness testing. This is required by the state each year. We have a good relationship with our contacts at DEQ and have a great track record. Mayor, that's— we will send, of course, the remainder of that comment. The name on that was Nate Houston.
Okay, I believe you have that in your packet.
Actually, that was part of our packet.
Okay, so what's his—
do we have other comments?
Yes, we do, Mayor.
Okay, would you like to organize those?
Truett Chamberlain.
I work for Berkshire I'm a broker with Keller Hathaway Commercial Real Estate in Utah, along with my business partner Cassidy Baum, represent the sellers and the buyer-developer for the 2 parcels of land on the Orem-Provo border, 2000 South East Geneva Road. These properties are being proposed to turn into a gas station. Below is a list of our clients in respect to this email. Seller Lloyd Taylor Living Family Trust. Seller Donald Kent Roberts. He owns 0.96 acres. Located at 868 West 2000 South. Buyer developer, Davies Design Build, Axley Way Investments. In preparation for tonight's council meeting at 6 PM, my business partner and I gathered signatures from as many as we could who live within the 1-mile properties. Mayor, did you get this? Is this the—
Yes.
This is the initial comment that you've already seen?
Yes.
Okay, attached you'll see the copy of the petition with renderings of the proposed gas stations. So, we'll move on from that one. Next one, Cannon Jensen. I currently work for Davies Design Build, live in Orem, somewhat close to the subject property, and am a voter. I am sending this comment as a resident who truly would like the convenience store closer. While it may be hard to believe, I am not sending this comment because I am an employee with the applicant. No one has asked me to send this. I personally would enjoy having this gas station, mainly because it would provide too much closer I'm also currently going to school, and having this gas station on subject property would benefit my students who do— due to the large number of them that live on our side of town, do not have a gas station very close where they live. Lastly, I understand the concerns that others may have about having the gas station, but I do not take into consideration those that do not leave a name or some kind of identification with their comments during the meeting, mostly due to the fact that one One person could easily spam your inbox with multiple comments against the project from another area or from—
or not from Orem.
Thank you for listening to my comments, and I understand that my job at Davies Design Build minimalizes the things I have said. That's the end of that comment there.
Okay.
Let us—
now we'll just check the ones that are coming in. All right, so we do have a call from— hang on a second.
Mayor, I don't know if we have time to do this, but I would be happy to have a moment to talk to you when there, when there is a moment.
Well, do you want to make a comment to the—
I'd be happy to, but I want to make sure that I do it when I'm invited to do such. I don't know if this is just for everyone other than the applicant at the moment, or—
This is, this is for the public to make any comments.
Okay.
So you're welcome to make a comment. I'm happy to meet with you anytime, but if you want to make a public comment, now's the time to do it.
Okay.
So—
oh, sorry, I do have one more comment from the public that's written so far, and then we We will have a call in here shortly. My name is Tanner Nordstrom. I live approximately 650 feet from the proposed gas station. The letter I submitted to the Planning Commission captures our community concerns and desire to not live by a gas station. Please hear and value the voices of us who will be negatively impacted by a developer looking to get rich with no negative impact to their quality of life. We are not opposed to change. We are not opposed to a commercial building on that corner. We are opposed to living by a gas station. The Planning Commission did a great job hearing our concerns and reference checking the bogus comments the developer tried to sneak into the meeting in support of the gas station. Please trust in their decision to not recommend this rezoning. That's the end of that comment, Mayor.
Okay.
Uh, Mayor, as a, as a citizen and as somebody that lives right by— this is Ed Oxley. I actually live a mile away from this, from this gas station up the same road right off of 2000 South. So obviously I would be impacted by this too. When we, back in on March 6th, we had our neighborhood meeting and we left there thinking that there was people in support and people against, and but we obviously felt like it was favorable enough to move forward. When we had our Planning Commission meeting, we were a little bit taken by surprise, and a lot of it is by, you know, the, the, the good efforts of Tanner to make neighbors aware that probably may not have been aware as they were before. And they obviously came out and voiced their opinion. And that did influence Planning Commission to some degree. But since then, I mean, just to make sure that we were, you know, on the same page as what we thought with our neighborhood, we've, you know, we have canvassed the area. We've had over 205 signatures and favor of this in the area. And in fact, even several of the neighbors that were on— I mean, that had voiced against—
Save your timing, Mr. Wright.
What's that?
I'm sorry.
Yes, I have a timer going there.
And several of the neighbors that voiced their opinion against it have actually come out in favor. At least 5 of those families have changed their opinion since the Planning Commission simply because they were unaware of the conditions that were shared with them from, you know, from a different perspective. You know, I think it's a wonderful thing. Eventually that, you know, that corner will go commercial. I do believe that we're probably the best candidate to provide what is being proposed there, because I do believe our history and our reputation shows that we build Facilities and commercial.
And you're with Davies Construction. I don't think that was mentioned earlier.
Yeah, so I'm president of Davies Design Build. Yes. I mean, and we have a— I feel like we have a pretty good reputation in Orem and in Provo.
And you do.
I think we would build a great product down there. I'm nervous that— and this is a selfish thing, and I don't want to say it just as a profit center, but I feel like if I don't build it, it's not going to be as good. That sounds funny, but I'm afraid it would ultimately one day just get—
just be a flat box convenience store over there and it won't look as pretty.
And I do know that we ultimately had our neighborhood meeting on March 6th before any of those residential lots were sold back there. None of them had actually closed at that point. And I hope I'm reporting this accurately, that there was, post the neighborhood meeting, there was a letter written to each buyer explaining that there was an applicant in for a gas station. So I think everybody that purchased there, at least to, to a reasonable, a reasonable effort, was made aware that we were there for this application in the future.
So I think your time is up, but I appreciate your comments.
Thank you, Mayor.
Steve, we'll go on to the next comment.
We have a written comment here. This is from David Yusuf. This is the beginning of development related to the Orem Temple. How does the city think it will affect future development, traffic to and from the temple, and traffic to and from the Utah Autism Academy?
Okay.
Okay, Mayor, we have a call.
We have room for 3 more.
Yep, I've got a call in here. This is going to be from Adan.
Okay, welcome, Don.
Yes, is it my turn to speak?
Yes, it is. You have 3 minutes.
Don, we will have a 3-minute timer. You'll hear it beep when your time's up.
Go ahead.
Okay, uh, my name is Don Barr.
I am the property kitty-corner across from this. I have watched the area develop Originally, I was not for the apartment that is across the road from me. I was also not for the development which is now called The Fields, which destroyed the fields north of me. But since those 2 developments are still— are there, I think it makes ultimate sense to have a service like this available, given the kind of development that has taken place.
Thank you.
Thank you.
I can appreciate the comment of the person who was building their dream home because this was my dream home, but I'm not able to control what other people do.
So I would support this as a development, and that is my comment. Okay, thank you very much, Steve. We've got room for two more, Mayor.
We don't have anybody else, anybody else on right now.
Okay, and no more written comments submitted. No more written comments. All right, we'll go ahead and close the public comment portion of our public. hearing and bring it back to the council. Would anyone like to make a comment? I have some comments I'd like to make, but I want to open it up.
Mayor, I do. Could, could I— could Tom do it again, or is someone else raising their hand?
Sure. Oh, go ahead, Tom.
Jason, could you go back to a map and show us how this development fits in with others in the area? I.e., is this unusual? Is this kind of what we thought would happen in this area? Can you give me some, again, from a bird's-eye view, some of that?
Sorry, I hate it when you have it on mute.
Let me—
so you can see my screen, correct?
I can, yes, sir.
Go ahead.
So let's just go back to the overall general plan. So when this came back into the council in August 2020, that was— this community commercial was on the plan and it was designated as a community commercial. So in our minds, it does fit within the general area, knowing that Provo is probably kitty-corner going to develop, knowing that Lakeview Parkway on that corner of 2000 and Lakeview Parkway is going to develop. going to go commercial, knowing that the intersection of Geneva Road and Lakeview Parkway is going to go commercial, it does fit within the realm of having some neighborhood shopping on the west side of I-15. So our intention is, is to have some commercial, although in this area there is 3 different locations. Right now it's very limited as far as the west side of I-15. And this fits within that plan to have these types of uses, not only regional commercial, but also local service commercial in the area. Hopefully that addresses your question.
Yes, it does. Thank you.
Any other comments or questions from the council? Well, I would like to make a couple of comments. First of all, I feel like that this particular facility is Yes. It's needed in the area. If you drive down that road, there is no gas station for miles north or south except up on University Parkway, number one. Number two, there is a 7-foot decorative cement wall that has to be built around this gas station, which I think will be attractive but will also separate it from the housing. Also, I believe that people have property rights. So the owner of this property has the right to want to develop this. If all of the homeowners around it did not want it, they certainly had the right to buy the land and not allow any commercial use of the land. But that has not occurred. In fact, just the opposite. 204 people there and in the general area have actually written And they petitioned in favor of it. And I think that the design is an attractive design that with the development agreement will cater to keeping the lights not going all night long, keeping the lights down on the canopy, and making the building itself look attractive like a, like a house.
Thank you.
So I personally am in favor of it. I do know Davies. I do know Ed. I have no personal relationship, but I do know the quality of design that they build, and they have built many buildings in the city of Orem. In fact, they are putting up some office buildings on 8th North as we speak. So I personally am in favor and think it would be a benefit, as was mentioned also Also, we do have quite a few apartments and houses that have come into that area, and this I think would be a future benefit for those residences.
So, Mayor, Brent Sumner has his hand raised.
Sure, Brent, go ahead.
Are you finished, Mayor, or—
Yes, I am.
Go ahead.
I, I keep— I think I'm— I know I was the only one on the council of this group when we had the lighting problem.
I was on the council at that time, Brent.
Huh?
I was on the council and so was Dave, if you're talking about the billboards along the freeway with the lights.
Yeah, anyway, that was a painful experience, a lot of upset citizens. I'm concerned about the lighting and I don't know how Jason can address that, or we can put in the development agreement. And then also, I, I noticed the 203 or 204, whatever it was, uh, individuals that signed that petition, and I, I wish I would have had that prior to our council meeting because it looks like a lot of those are non-residents, as far as I can tell. There's no real— address on it, just says Orem or Provo as far as I can tell. So I, I don't know if Jason, can you address the lighting? I, I would like— and I'm also concerned about the selling of diesel with large trucks going in there with the residents right behind them. I'm not sure if they really knew about this development, but, you know, whatever there. So Maybe Jason can address the lighting thing.
Brent, before that, maybe I could address your, your concern on the diesel trucks. This station is not being built to the standard to allow a truck stop for diesel trucks to come in. Your canopy has to be much bigger. Your tanks have to be set off to a different side. Selling diesel here is diesel to Yes. Cars and pickup trucks. This is not being built to the standard of a truck stop, nor does it have the ingress and egress for a large truck stop like you're thinking about. So I think your concern there, you should not worry about that. That is not going to happen here. It's not built to that standard, and it would not be allowed in the development Jason, do you want to talk about the lights?
Sure, we do have standards, like I mentioned, that they cannot have direct glare into the neighborhood. And I think with this business closing at 11 o'clock or thereabout, that we could work with them to dim the lights to a more security rather than, you know, having it on all night just for advertising purposes.
But that's—
it's very limited as far as what we can do. So I think that's development agreement would be something that would be advantageous for us to include that in a development agreement so that we can make sure that they— we can enforce that specifically rather than just the general rule that we currently have in our ordinance.
Also on the lights, we have built pickleball courts at Sharon Park and at Bonneville Park. In both instances, we've put in LED lights that are set with covers on them that keep the light from shining into the neighborhood. We also have it over at Cascade Park by Cascade School. So if you look at those new covers on the LED lights, they do not give air pollution or light pollution to the neighborhood. The LED sign that we had along the freeway the billboard, that was changing every 2 minutes or 3 minutes, I believe it was, and had LED lights shining directly at the neighbors.
Okay.
And this would be totally different than that. And that was also, if you remember, about 33 feet up in the air so that it could be above the freeway as the freeway went up over a rise. So this is entirely different. The lights are facing down, not out, and the lights are set so that they're protected as far as putting out light pollution, just like we do at our pickleball courts. So again, I don't think the lighting situation is at all similar to what occurred on the freeway, nor that it would in fact cause a problem for the neighbors, because again, the lights are facing down. Thank you.
Mayor, I just want to make a comment on the pickleball courts. I had several calls about the one up at Bonneville, you know, for whatever it's worth.
So I've had calls on that as far as the noise factor goes. And so we've tried to set that up that it has to shut down by 10:00 PM. 10:30 at night. So anyway, but I'm strictly talking about the light factor. Anyway, with that, are there any other comments? Then I would like to make a motion that the City Council by ordinance amend Article 22-5-3A and the zoning map of the City of Orem by changing the zone approximately 2.6 acres from the OS-5 zone to the C-2 zone at approximately 2000 South Geneva Road. Is there a second?
Mayor, are you making that motion with a development agreement?
That's what I was going to ask Jason right now as to the wording on that.
Mayor, this is Steve Earle. If I could jump in and comment on that. So if we were to do a development agreement for this, we would have to have it signed by both parties before the City Council actually voted on it.
So—
On the change of the zone?
Yes. Yeah, because the development agreement to be binding has to be in place before you actually change the zoning on the property.
Okay. And how long will it take to do a development agreement?
Well, I mean, if we were to do a development agreement, it could probably be done by your next meeting depending on, you know, what it is you wanted to do. And the other comment I wanted to make is there are some limitations on what we can do by development agreement. The main restraint is there's a provision in Utah law that's referred to as the uniformity requirement, which basically says that the regulations for every class or kind of building in a zoning district have to be uniform. So I wasn't entirely clear what it was exactly you were trying to address in the development agreement potentially, but there are some things we may be able to do and some things we might not be able to do. So are you saying that a commercial zone like we have in the other parts here of the southwest annexed area, they would all have to be the same as far as the development agreement So what I'm saying is when it talks about regulations for each kind of class or kind of building, that's referring to things like the height of a building, the size of the building, you know, setbacks for a building. You can't make those different by development agreement in one area than they are in other areas in the same zone.
So I think our concern was the lighting and that this not become a commercial truck zone. For semi-trucks.
Yeah. So I guess maybe that's the discussion we need to have is what issues did you want to potentially address in the development agreement? And then, you know, then we can talk about whether we can do that or not. So lighting, I think, is probably something you could do.
Did you try them, Steve?
Suggesting that we continue this to our next City Council meeting while we draw up a development agreement.
But again, I think we need to know some guidance from you. What, what do you want addressed in that development agreement exactly?
Well, we can give that to you, but I'm just saying, if we want a development agreement, it sounds like we need to continue this. Yes, you write that up.
Correct.
All right.
So then I would like to withdraw my motion and make another motion if I could. And I would like to move that the City Council continue this item, this ordinance and public hearing, to our next City Council meeting during the month of December. And I think it's December 8th, is that correct?
Yes.
Yes, I'm sorry, I thought you hit a period.
Forgive me.
No, I was going to say I'm making a motion. Any comments before we continue on with the motion?
Mayor, this is Jamie. Is it your intent to keep the public hearing open?
It would be my intent not to keep the public hearing open since we've already had it. So just a continuation of the ordinance consideration.
And, and, and to your point about the development agreement, I think, I think Jason has the spirit of what we'd be interested in, i.e., we want it to look like it is, we want the hours to be restricted, and, and I understand this is certainly drastically different than a Flying J that, that that Brent had some concerns about. But yeah, I think, I think you have the spirit of what the council was concerned about in developing, in creating a development agreement. And Steve, maybe you were looking for more direction, but I think that that general stuff is out there and maybe the same concerns the Planning Commission had.
Well, and maybe, yeah, maybe that's the main concern. If you're trying to say, hey, it has to look like this, yeah, my concern is that that requirement might violate the uniformity requirement because again, you're saying that it's— that's a regulation governing a certain type or kind of a building that's not applicable everywhere else in the zone. That's the main thing I had a concern with it based on the conversation that took place earlier.
Council, if you— if I might just have 1 second, and I apologize. In other municipalities and other developments, I totally agree with Jason. You know, a municipal or a council couldn't force somebody to follow one type of standard on one property that they wouldn't force them to follow on another. But a developer can agree to whatever. So if the party agrees by their own volition, then it's fine. I just couldn't be made to do something on this particular property that wouldn't be made to do somewhere else. If you ask me and I agree to it, then that's legal. That's my experience, and that's what we'd be willing to do.
Okay. Any other comments or questions?
So I just have this— I have a comment to Steve Earle. So there is a service station not too far from here on Geneva Road. So Steve, is that part of the question is— Can we require something different than what they have done just up the street?
Well, it's not so much that. I mean, it's more of a general question that can you impose requirements for the— that refer to the type of building that you can have that don't apply everywhere else in the same C-2 zone?
Okay.
So that's really the issue.
Any other comments or questions? So again, I would like to make a motion that we continue this to December 8th. The public comment portion of our public hearing we have carried out today. This is strictly to finish up voting on the ordinance together with the development agreement. Is there a second?
Second.
Second. OK. Let's go ahead and take a vote. We will go ahead and start with Terry Peterson.
Aye.
Tom McDonald.
Aye.
OK, Brent Sumner.
Aye.
OK, Jeff Lampson.
Aye.
Dave Spencer.
Aye.
Debbie Luray?
Aye.
And I, as the mayor, vote aye as well. That motion passes. Thank you for those that were here for that. We'll move on to our next one, scheduled item 9.4, which is a public hearing. This is amending portions of Section 22-24-2, the hub district zones of the Orange City Code pertaining to enacting the edge zone adjacent to University Parkway and modifications to the overall height requirement and permitted uses in the edge zone and other amendments, including enacting Sections 22-24-2J, Sidewalks and Landscaping, and 22-24-2K, Alternate Development Standards for the HDE zone. In addition, amending Section 22-5-3A on the zoning map of the City of Orem by rezoning portions of the properties located generally at 314 East University Parkway, 212 East University Parkway, and 1315 South State Street from the HD zone to the HD Edge zone. And Jason Ventures Our presenter.
Thank you, Mayor. Before us tonight is modifications to the hub district, as, as you outlined. As you recall, back in 2018, the hub district was created, and at the time that was created, we just had one specific zone, which is what we call the core zone, which the entire zone was the same standard. Right now it requires 3-story minimum construction for for new construction. It does allow existing buildings to be remodeled, does allow businesses to stay. It's only if and when they decide to tear down a building and rebuild that they have to meet the current hub district standards. All the uses that are currently allowed in the C-2 zone along State Street are currently still allowed in the hub district, in addition to condominiums and apartments subject to specific standards. That are outlined in the ordinance. Tonight we're proposing that we create what we call the edge district zone, which you can see in the lighter color along University Parkway within 200 feet of the sidewalk. Basically what this is intended to allow is that what we've had is a few tenants— shopping center owners, I should say— request that they have the ability to redo some of their buildings out front because they have such strict lease agreements with some of the tenants behind. So, the Burlingtons and those types of larger national chains have a lot of restrictions in their leases, and one of those is that they can't be physically blocked beyond the one story as it fronts University Parkway. And so, we've had a lot of discussion with some developers, and this is a proposal help eliminate some of those discussions, 'cause once they open up and try to renegotiate with some of these tenants, they end up having a lot of things that they would rather not modify in their lease agreement. So this is a way for them to redo some of that retail space, allow some of that, you know, strengthening some of the city's retail uses along there. And so the city is proposing that we change that to the edge district that would restrict Or take out the 3-story minimum and allow them to do 1-story additions. So like an In-N-Out, for example, if there was a space available, a thing, a use like that could go up in the edge district, whereas now if a new tenant comes in, they have to build a 3-story minimum structure. So as you look at the B on the screen, just basically outlines adding that as a zone within The edge district. As part of the edge district, we would want to limit it to the commercial only or retail. Excuse me, retail uses. The idea behind that is that we want to increase the ability for them to have that use: restaurant, fast food, those types of things. But we would want the ability as a city to have some type of sales tax generator and component of this specific zone itself. Those other uses. Could go behind in the existing facilities. This section simply allows them to do the 1-story minimum. As part of this, we also are proposing to change the requirement for a setback. Let me turn on my pointer if I can. Currently, there's some language in the ordinance that Yes. The parking requirements are not specific. As we have talked in the past, state law requires us to be more specific on our requirements. Right now, this chart shows 20 feet, but it's not specifically outlined in the text. So we're proposing to make that change. With University Parkway being widened recently with the BRT, it has squeezed some of those parking areas, and so we're proposing to change what was 20 feet down to 6, so that we can have a little bit more ability for people to use that parking, but still have the ability— cars won't project over the sidewalk. So keeping the 15-foot landscape buffer, the sidewalk, and then a 6-foot projection is what we're proposing as well. And that's outlined in this text that you see next to you there. And then the J and the K Or basically taking what's currently provided in the state street standards and putting it in this district as well. As you recall, when the parkway was widened and the landscaping was modified, Appendix TT was created. So we're making sure that that's in this ordinance as well, so people realize that Appendix TT is the landscaping standard. There would be no other requirement along the parkway other than complying with Appendix TT.
Okay.
The K just outlines that the HDE zone could be developed with the core standards. If somebody wants to come in and build a 3-story building with retail on the bottom and residential above, they would have to meet the HDC standards and not— you can't have both. Either build to the one or the other, but you can't split the difference between those 2. So tonight we're suggesting and recommending that the council make the changes to the text that we're proposing and then also rezone this property to the EDGE District as well. And I forgot to mention that Mr. Callister is on the phone that owns Carolina Square. He may have a comment.
Sure.
Mr. Callister, would you like to make a comment?
Yes, I would.
Mr. Chairman.
Mr. Chairman.
I appreciate the designation that planning is pursuing. One concern I have is that it restricts the uses in the edge district to only retail. We have been working with the current tenant in what I'm going to call Pad F that's already in the zone, Spa Trevé, to build a 2,000-square-foot building, one story, like has been envisioned in this EDGE concept. But they are not retail. They provide services. And I guess the SLU code is the 6510, which is not envisioned in this, and I was hoping that, um, given the challenges that we have running a shopping center— and I'm sure all of them, all of my neighbors feel the same, we have had a lot of challenges— the restriction to just retail puts a burden on us that restricts what we can do. Not that we want to do something out of character, but given that Spa Trevé is already there, we— I was hoping that an allowance would be made for other types of businesses besides just retail. So that's the comment I'd have.
Thank you for that comment. Jason, what is 6510?
6510 is medical, dental, and health services. So Spa Trevé does, you know, basically spa, anything related to spa treatments. They do sell some merchandise, but majority of it is service-related.
So what are your thoughts on that?
I don't know that we would have a major issue if we added 6510 to the uses.
OK. All right. Any comments? Or Jason, are you done with your presentation?
I am. Thank you, Mayor.
OK, any comments or questions from the council?
I think that I'm going to say, I think that seems reasonable to add the 6510 because as people— some of those things may be repurposed. Sometimes those sort of businesses would be a nice fit, so I welcome that and anything else that makes sense.
OK.
So I've got a question, Mayor. So Jason, on the 6510, are there any other land use codes that we would want to add in there that we might— that the 6510 doesn't include?
Well, I think originally our intent was to do retail uses and more of a tax base generator option, and really we would prefer limiting it to retail. You know, resident or resident— excuse me, restaurants and fast food. But obviously we expanded it to other retail uses. I would probably rather defer that if there's a specific use that wants to come into the zone, that they would go through the process and request the council amend this land use code to add that specific use rather than adding uses that we may or may not think would come in and limit it to the retail portion.
OK, so David, can I just Mr. Alsterson, is there any other land use that you can think of that would benefit your property?
Well, we've been working on this with Spa Trevé for like 2 years. This is something that's been ongoing in conversation. Spa Trevé is the only one that I think of. I understand the tax implications, what planning is trying to do here, but I would— if it's not— if 6510 is not put into this edge, I would— I guess my question is, how easy would it be to allow an exception to come into this zone? I guess that's my question.
We can add that to our motion tonight. So if the council is in favor of it, we can add it in. If I could make a comment on this. Go ahead.
So when we were making or drafting this amendment, as Jason indicated, our original thought was we wanted to keep this narrow corridor right adjacent to University Parkway for retail just Because it is a prime retail area with the thought that non-retail uses could potentially go behind, you know, in some of these lots that have room for it. A year or two ago, we had a request from somebody to come in and put in a bank on the site of the old Mimi's Restaurant property. And they couldn't meet the height requirement, and so they— we told them that that wouldn't work. But there was an interest for For a bank, you know, that, that would be another use that I think that somebody might have an interest in. But I think the concern is once you start opening it up to one non-retail use, you sort of lose your rationale for not allowing all of the retail uses that are essentially allowed in the C-2 zone. Because what we did is we basically went through the C-2 zone and picked out the retail uses and put them in as permitted, and we excluded all the non-retail commercial uses. commercial uses that are otherwise permitted in the C-2 zone. And I guess the concern is if you start allowing 1 or 2 of them, you know, pretty much you've decided that there's no rationale for just limiting that to retail and you might as well allow them all. That's from a legal perspective. That's kind of how I look at that.
But Mayor, this is Jamie, if I may. I think we need to be mindful of You know, the historical benefit that has been University Parkway to the city in times past and in times future. And if we are going to make modifications along that parkway and change the nature of that parkway, then it has very broad implications into the future.
Thank you.
as related to our success as a retail destination for the county. So, you know, my— I guess my urging to you would be consideration of, you know, that has been our heritage. Let's not undermine our heritage in the future and undermine our ability to remain a premier prominent, probably the most prominent retail destination in the county. So, you know, we're open, we're open and are suggesting that we can make some modifications provided there is a symbiotic relationship between what is already there and what will be there in the future. We start deviating from those proposed retail uses, And I think we are actually killing the goose that has provided us golden eggs for many, many years.
OK. Any other comments from the council? So, Mayor, can we go back?
Jason, we go back and maybe have David Callister point out where that building— where he wants to put that building.
Well, let me point out— let me turn on my pointer. So right here is where he wants to put the new building. So the entrance into Carillon Square is here. The bell tower is right here, right next to that.
So where's that Peterson Medical?
Yeah, right here.
So it sort of fits.
So yeah, a one-story building would fit fine, no problem.
Okay.
So one thing I would like to mention, University Mall, which is mostly retail, does have a nail salon in there and does have a hair area. I believe that what he's asking would actually fit. And Carolyn Square has been a great partner to the City of Orem for many, many, many years, and I know that it's not been easy for them to stay stay afloat, as I'm aware of one of their facilities that has left— been left open for a long period of time. So personally, I would be in favor of allowing 6510 in there. I don't think it's out of character when you consider what the mall has, and I believe it would be a benefit to keep that building building area there hold. This is a public hearing, so I'd like to open it up for public comment.
Mayor, before you open it up, could you remind— refresh my memory of what 6510 is? I missed it again.
It's medical, dental, and health services.
Thank you.
And as Dave Spencer pointed out, we do have a medical facility at Peterson Medical supply just right next to it. Let's go ahead and open it up to public comment, and we'll give it 90 seconds starting right now. Mayor, while you're waiting, Mrs.
Brian Clark.
Just so you're aware, Peterson Medical Supply is no longer located there. They've been trying to redevelop that building for quite some time now, so this edge district may actually help them to do that.
Okay.
All right, uh, Steve, have you received any comments No comments, Mayor. Okay. We will go ahead and close the public comment portion of our public hearing and bring it back to the council. Any comments from the council?
Mayor, just one comment about changing the edge zoning. Hopefully we can think about this along State Street too. We heard the presentation earlier with the water people about, I think they said 20,000 high-density apartment units going going up and down State Street. I think we need to focus more on doing what we're trying to do with Carillon Square and be business-friendly and not so excited about sticking apartments above retail. You know, just a comment, but—
Sure.
Any other comments? All right, well, I would like to make a motion that City Council by ordinance amend portions of Section 22 24-2, the hub district zones of the Orem City Code pertaining to enacting the edge zone adjacent to University Parkway and modifications to the overall height requirement and permitted uses, including Use 6510 in the edge zone, and other amendments including enacting Sections 22-24-2. J, sidewalks and landscaping, and 22-24-2K, alternate development standards for the HDE zone. In addition, amending Section 22-5-3A and the zoning map of the City of Orem by rezoning portions of the properties located generally at 314 East University Parkway, 212 East University Parkway, and 1315 South State Street from the HD zone to the HD-ED zone. Is there a second?
Second.
Okay, Debbie Larey, I would like to start with you.
Aye.
Okay, Dave Spencer?
Aye.
Jeff Lampson?
Aye.
Terry Peterson?
Aye.
Tom McDonald?
Aye.
Brent Sumner?
Aye.
And Mayor Brunstad? I vote aye as well. The ordinance passes. We have no further scheduled items. Jamie, do you have any items you wish to bring up?
No, I don't.
Thank you, Mayor.
Okay, thank you. With that, I would accept a motion to adjourn.
So moved.
I'll second that motion.
Okay, all in favor say aye.
Aye.
Aye. Okay, we are adjourned.
Thank you.
Yeah, so I mean, we can give that a, give that a go tomorrow.
Yeah.
I mean, based on the instructions, it doesn't seem that hard once all the settings are in. Yep. And then is there just like a button? Yeah, so there's going to be— what it showed was that on the post, there would be a little button that says more, and then your options in there are to stream to different places.
Oh.
YouTube, Facebook Live. Oh, is that Facebook Live?
Yeah.
So what do you understand this thing that Ernesto bought to be?
City Council Minutes – November 10, 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 November 10, 2020 This meeting was held electronically to allow Councilmembers and Staff to participate. 4:15 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; Marc Sanderson, Fire Chief; Joshua Adams, 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; Jason Bench, Planning Division Manager; Pete Wolfley, Communications Specialist; and JoD’Ann Bates, City Recorder NOTE: The referenced report and presentation documents for each discussion may be viewed at orem.org/meetings under “City Council Presentations” DISCUSSION - Proposed City Council Meeting Schedule 2021 Mrs. Bates stated State Code requires the City Council schedule the upcoming years meetings and advertise them when approved. The proposed calendar for 2021 has been reviewed by the department heads in order to work around any possible conferences and School District holidays. The schedule shows City Council meetings being held on the 2nd and 4th Tuesday of every month with the exception of July, November and December where there is only one meeting held. The dates had to be moved back a week in June due to Summerfest proposed dates. The date in November also was moved back a week in order to accommodate the acceptance of the 2021 Municipal Elections. MAYOR PRO TEM - January through June 2021 Mayor Brunst stated that he would like to appoint Jeff Lambson as the Mayor Pro Tem for the term of January through June 2021. City Council Minutes – November 10, 2020 (p.2) A complete video of the meeting can be found at www.orem.org/meetings DEMONSTRATION - "Hey Orem" Mr. Wolfey stated the Hey Orem is a new citizen ticketing program that has been brought into replace the old program that is easier to use for both staff and public. Mr. Davidson indicated this came about due to conversations he has had with City Council members that would like to improve communications between Council, residents and city staff. Mr. Ulbrich proceeded to demonstrate the program from a phone app, both IOS, Android and any web browser. Mr. Wolfey continued to demonstrate the process of submitting a ticket and keeping track of those tickets. Discussion ensued regarding those that participated in getting this program up and going and providing the council with a bullet point instruction as to what was demonstrated. Discussion continued of possible actions that could be done regarding the program. DISCUSSION - Public Works Utility Master Plan Mr. Keith Larson reviewed some of the improvement and updates to the 2016 Utility Master Plan that was discussed with the City Council at a previous meeting. He continued to discuss some of the major changes that has come up since that previous discussion. Vineyard removed from the system demands, Added density along state street corridor and other areas, Installation of “Smart Meters” pricing and other efforts are reducing water use and sewer flows, West Union Canal and West Smith Ditch are being abandoned and new alternatives needed for storm water, and Significant 5-year construction inflation costs and historic low bonding interest rates. He continued to discuss demands and demographics reviewing: Updated population growth projection, Updated annual water demand projections, An updated peak water demand projection, and Updated sewer flow projections in relation to the Water Reclamation Facility He reviewed the Water System Impacts: 2016 Water System pipe improvements, and A revised recommendation for those pipe improvements. He reviewed the Sewer System Impacts: 2016 Sewer System pipe improvements, Completed Sewer System pipe improvements, and Revised recommendations for Sewer System pipe improvements. He reviewed the Storm System Planning Status: Models updated and calibrated for current conditions, Additional evaluation needed for abandonment of West Union Canal and West Smith Ditch, Costs are expected to increase because of additional canal abandonment projects, City Council Minutes – November 10, 2020 (p.3) A complete video of the meeting can be found at www.orem.org/meetings Some projects are expected to be accelerated because of canal abandonment, and Extensive storm water network will be necessary to remove injection wells in wellhead protection areas. He concluded by a review of the path moving forward: 1. Complete storm drain modeling, 2. Prioritize and finalize updated Capital Facility Plans (CFP’s), 3. Use new CFP results and bonding option to develop revised implementation plan, and 4. Update rates and impact fees based on results above. General discussion ensued regarding Vineyard being part of this process and their process of going onto their own water system. Current and future projects that would be affected by the changes and Vineyard moving in a different direction. Mayor Brunst thanked Mr. Larson for the time that is being spent on this issue and their presentation to the Council. Agenda Review & Preview of Upcoming Agenda Items The City Council reviewed the evening’s agenda. Discussion ensued regarding the scheduled items that would be considered. City Council Reports & City Manager Information Items Mrs. Lauret reviewed the activities of the committees she participates with as follows: Summerfest was Summerfest Light and they are hoping to bring it back to the typical celebration in 2021. Arts Council is moving forward with their vinyl wraps around the utility boxes. UTOPIA at the last meeting indicated they are doing a new set of bonds and by 2021 Orem should be build out. Mr. Davidson reviewed the following items with the City Council: The cancellation of the New Library Hall Ribbon Cutting and what they are working on for the future, one of which is a virtual tour for the patrons and residents. Discussion continued regarding the fee schedule and proposed groups that will and will not be allowed to have the use of the building. City Center and Library Hall Christmas lights are back up this year and look great. Landmark Design will work with the City for the design of Hillcrest Park The Governor had recently enacted a mask mandate and they are looking at what is being required for cities regarding recreation programs and the enforcement of the mandate. Staff is working on adjusting their operations to consistently reflect what the Governor would like us to do as a city. Employee open enrollment started today for city benefits. In process of working with IHC with property of Orem Community Hospital and anticipate having it finalized by the end of the year. City Council Minutes – November 10, 2020 (p.4) A complete video of the meeting can be found at www.orem.org/meetings Received a preliminary report from the Forest Service that have identified certain areas of concern for problems in the future due to the burn scar. The city will look to see what they need to do to mitigate those possible issues. 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; Marc Sanderson, Fire Chief; Joshua Adams, 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; Jason Bench, Planning Division Manager; Pete Wolfley, Communications Specialist; and JoD’Ann Bates, City Recorder CALL TO ORDER Mayor Brunst read the following to begin the meeting: “Pursuant to Mayor Richard F. Brunst's Proclamation dated November 1, 2020, the Orem City Council meeting on November 10, 2020 will be an all-electronic meeting. There will be no anchor location for the meeting. The City cannot ensure the recommended minimum of six feet of social distancing for meeting participants at the usual anchor location in the Orem City Council Chambers. Therefore, holding the meeting at the City Council Chambers would present a substantial risk to the health and safety of those who may be present at the meeting and may contribute to the spread of COVID-19. There will be no public access to the Orem City Council chambers. Those desiring to view or participate in the meeting must do so electronically. To view the meeting: please go to orem.org/meetings. To make a comment: Please submit your comment through: orem.org/comments Written comments will be accepted before and during the meeting. All written comments received will be entered into the record and forwarded to each City Council member for review. Written comments will also be read aloud during the live meeting when required by law or when time permits. As technology permits, the City Council may also accept oral comments. Once an item has been voted on, that item will be closed to additional comments. Thank you for your cooperation during these challenging times.” City Council Minutes – November 10, 2020 (p.5) A complete video of the meeting can be found at www.orem.org/meetings INVOCATION / INSPIRATIONAL THOUGHT Brent Sumner PLEDGE OF ALLEGIANCE Kena Mathews MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL REPORT – Metropolitan Water District of Orem Mr. Steven Brown, chairman of the Metropolitan Water District reviewed the history of the District. The District works with the city to supply and ensure safe water to the residents of Orem. He continued to review those members currently on the Board. He stated that approximately 60% of the water that is used in Orem is provided through water rights from the District the rest come from springs and wells the city owns. Mr. Winterton indicated his role on the Board is the Manager which weaves in with his position at the City as the Water Superintendent. He continued to state the relationship with the district is outstanding and the role the district has had in servicing Orem City has been long standing and works in a spirit of great cooperation for the residents of Orem. Mayor Brunst thanked those that participated and voiced his appreciation in their efforts for the residents of Orem. 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 make a comment provided staff with written comments. The public comments submitted were read into the record. Comments that were submitted for “Public Appearance” are attached to the end of the minutes in their entirety. CONSENT ITEMS APPROVAL OF MEETING MINUTES o Minutes of City Council Meeting – October 27, 2020 APPOINTMENT TO BOARDS AND COMMISSIONS o Orem Neighborhood Advisory Commission: Jayna Bauer Angela Cottrell Murray Low RESOLUTION – Approval of certain sections of the City of Orem City Manager’s Department Retention Schedule Mayor Brunst moved to approve the Consent Agenda as listed. David Spencer 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. City Council Minutes – November 10, 2020 (p.6) A complete video of the meeting can be found at www.orem.org/meetings SCHEDULES ITEMS PUBLIC HEARING RESOLUTION – The City will receive Public Comment on the Community Development Block Grant (CDBG) Projected Use of Funds for CARES ACT CDBG-CV funding and consider approval of a substantial amendment to the 2019-2020 Annual Action Plan Mr. Ken Ransom, Chair of the CDBG Advisory Commission, stated the City of Orem initially received a grant for $411,983. and reviewed specific project allocation to date being: Administration - $30,000. Family Support and Treatment Center - $29,859.34 RAH - $8,091.00 Kids on the Move - $5,000 Orem Senior Friendship Center - $132,000. Community Action Services and Food Bank - $5,000. Geneva Elementary School - $4,500. Alpine School District - $12,000. He continued to state the amount left from the initial allocation to specific projects is $185,532.66. He reviewed what the funds can be used for, the City Council priorities of money and the current recommendations which include: Orem City Public Library for 30 Wireless Hotspots to be loaned to low-moderate in need of internet - $7,200. Critical Home Repair and Home Rehabilitation Program - $75,000. Kids on the Move reallocation to public services projects - $5,000. He concluded the remaining CDBG funds to allocate is $106,132.66 and the additional CDBG- CV allocation of $287,940.00. Mayor Brunst inquired as to how many homes the rehabilitation program would cover. Ms. Mathews indicated it would cover about 4-6 homes depending on what repairs were needed. Mrs. Lauret inquired as to the timetable in order to allocate the remaining funds. Ms. Mathews stated they have to have all the funds committed by August of 2021 and 80% of the money has to be spent in 3 years and the other 20% has be spend in 6 years. To meet the COVID guidelines of 3 years may be difficult so they are trying to limit it to 12-18 months from the time the application is made. Mayor Brunst opened the public hearing at 6:30 p.m. Hearing no public comments, the Mayor closed the public hearing and brought the item back to the City Council for further discussion. Mayor Brunst moved, by resolution, to approve a substantial amendment to the 2019-2020 Annual Action Plan of the Community Development Block Grant (CDBG) Projected Use of Funds for CARES ACT CDBG-CV funding. Mr. Macdonald seconded the motion. Those voting aye: Richard F. Brunst, Jeff Lambson, Debby Lauret, David Spencer, and Brent Sumner. The motion passed. City Council Minutes – November 10, 2020 (p.7) A complete video of the meeting can be found at www.orem.org/meetings PUBLIC HEARING ORDINANCE – Amending Appendix A of the Orem City Code by amending Standard Land Use Code 6413 from Automobile Repair to Automobile Repair (Mechanical Only) and enacting Standard Land Use Code 6414 Auto Body Repair and Paint Mr. Bench stated Business Licensing requests the City Council clarify standard land use code 6413 Automobile Repair by adding the parenthetical “(Mechanical Only)” to clarify that this SLU applies to mechanical repair only and not auto body or paint work. Business Licensing also requests that the City Council enact SLU Code 6414 (Auto Body Repair and Paint) to apply to repair shops that focus on auto body repair and paint work. This change is requested because auto body repair and painting businesses have additional state permit requirements that don’t apply to mechanical auto repair businesses. This amendment will help the Business License division determine specific permitting requirements for the two different types of businesses at the time of licensing and will also aid in enforcement efforts in an area where some businesses have been less than cooperative with Neighborhood Preservation Officers. Mr. Sumner inquired if there were some of the paint shops in residential areas. Mr. Bench indicated there are a few that do not have a license and by going in this direction it would help the NPU Officers in regulating that issue. Mayor Brunst opened the public hearing at 6:36 p.m. Hearing no public comments, the Mayor closed the public hearing and brought the item back to the City Council for further discussion. Mayor Brunst moved to approve an Ordinance Amending Appendix A of the Orem City Code by amending Standard Land Use Code 6413 from Automobile Repair to Automobile Repair (Mechanical Only) and enacting Standard Land Use Code 6414 Auto Body Repair and Paint. 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. PUBLIC HEARING ORDINANCE - Amending Article 22-5-3(A) and the zoning map of the City of Orem by changing the zoning of approximately 2.16 acres from the OS5 zone to the C2 zone at approximately 2000 South Geneva Road Mr. Bench stated the applicant requests that the City Council rezone property at 2000 South Geneva Road to C2 to allow for a neighborhood convenience store and gas station. The proposed gas station will be patterned after the existing gas station at approximately 1700 West Main Street in Lehi. It is proposed to have internal restaurants, a convenience store, and eight gas pumps (16 filling stations). The properties in question were originally designated in the General Plan as low density residential (LDR). However, a recent amendment to the General Plan designated this corner as Community Commercial (CC). That change was made based on the applicant’s interest in developing this property as commercial. The subject property sits at the corner of Geneva Road and 2000 South. The Development Review Committee requested the applicant go through preliminary review from both Provo and UDOT regarding access since 2000 South is a Provo street and Geneva Road is a UDOT road. Preliminary UDOT and Provo City reviews have been completed. Once the applicant applies for site plan approval, they will need to get full approval from both jurisdictions in addition to the City for the curb cuts. UDOT plans to put in a traffic signal at the intersection in the near future. As the property was originally planned to be residential, the water and sewer infrastructure was also originally planned to go through this property to service City Council Minutes – November 10, 2020 (p.8) A complete video of the meeting can be found at www.orem.org/meetings the future residential properties to the east of this corner. In order to be able to still accommodate that plan, staff will require the applicant to continue those utilities through the property to the east when they apply for site plan approval. The applicant has been made aware of this and has updated the concept plan to reflect these utilities going through the north-east portion of the property. The applicant was required to hold a neighborhood meeting prior to applying for the rezone. 44 residents attended the meeting. The Planning Commission voted 3-3 on a motion to recommend approval of the proposed rezone which resulted in no recommendation being made to the City Council. Mrs. Lauret inquired if this was a 24-hour operation, if not what times they would be open. Mr. Nate Houston responded they would not be open 24 hours. He believes they would be open until 10-11pm and open again about 5-6am. Mayor Brunst inquired as to the brand of the gas station and what the plans were for the power lines. Mr. John Jensen responded the power poles are inside the Geneva road intersection re- design and anticipate those would be moved. The brand they operate under is the Eagle brand. They would provide both gas and diesel fuels and this location but would not service the large diesel trucks just personal vehicles. Mr. Lambson stated that UDOT and Provo needs to sign off on this and inquired as to where they are at in that approval. Mr. Bench responded that both Provo and UDOT has reviewed the proposal and has both reserved the right to approve it once they review the official site plan. General review of the surrounding zoning, current properties and possible future plans ensued. Mr. Macdonald inquired if this was a zone change that was being requested and why the Planning Commission split their vote. Mr. Bench stated they do fit within the current zoning if they stay with the current site plan. The Planning Commission split the vote in hopes it would make them stay with the proposed plan, staff is in support of the presentation. General discussion ensued regarding the surrounding current zoning. Mr. Clark addressed the Council stating when this development approached the city about proposing a gas station in this location, staff shared with them that this would be a difficult feat if they were to build a standard gas station. Staff worked with them regarding items that would affect the surrounding neighborhood. They went back with staff’s recommendations and produced a proposal that addressed those issues and made it fit the residential area. In order to address some of the issues they would propose a development agreement. Mr. Sumner inquired about electric signage that would affect the neighbors. Mr. Bench indicated right now there are no signs proposed they may be allowed an electronic sign and the city would require they be dimmed prohibiting direct glare into the neighborhoods. Mr. Ed Axley stated they are in favor of a development agreement that would tie them down to some of the requirements of the City Council. Mr. Spencer inquired about a fence around the property with residential properties behind this area. Mr. Bench stated they already require a 7-foot masonry wall. Mayor Brunst opened the public hearing at 7:00 p.m. City Council Minutes – November 10, 2020 (p.9) A complete video of the meeting can be found at www.orem.org/meetings Written public comments that were submitted for Item 9.3 are attached to the end of the minutes in their entirety. Call in Comments: Mr. Ed Axley is president of Davies Design Build which is the developers of this project and lives a half a mile from the proposal. He stated during the neighborhood meeting they felt there was support for this project and felt it was favorable enough to move forward. During the Planning Commission meeting they were taken by surprise when there were more that voiced their concerns against this project. Since then they have re-canvassed the neighborhood and have had several residents change their opinions and are in favor of this project due to misinformation they previously received. They feel this is the best facility to go in this location and he feels they are the best candidate to build on this location. The new homes to the rear were not built at the time of the neighborhood meeting, he was told there was a letter written to each buyer notifying them that an application had been made for a proposed gas station at that location. Mr. Don Bahr owns the property across from this proposal and was not initially for the apartments or the project called The Fields but since those projects have been completed, he feels it makes sense to have this type of service in the proposed location. Hearing no further comments Mayor Brunst closed the public hearing at 7:13 p.m. and brought the item back to the City Council for further discussion. Mr. Macdonald asked Mr. Bench to review other projects that are in that area and how the gas station would fit into the current location. Mr. Bench reviewed the overall general plan and what was designated as community commercial. Mayor Brunst stated he feels this facility is needed in this area and there is a 7-foot decorative cement wall that will have to be built to separate this property from the new home development. He feels they have the right to develop this property as long as it meets the code of the city. He feels the design is an attractive design and would like to work on a development agreement for specifically the lights of the project. He is in favor and feels it would be a benefit to those in that area. Mr. Sumner stated he is concerned about the lighting based on previous projects where this was the same issue. As far as the petition he feels there are several that are not in the Orem boundaries and should not count towards the count of those that are in favor. Mr. Bench stated they do have standards the applicant will have to comply with and agrees that it would be beneficial to have a development agreement addressing the lights and what would be acceptable. General discussion ensued regarding lighting Mr. Earl indicated that if the City Council would like to have a development agreement it would need to be approved and signed prior to approval of the zone change. He also stated there are somethings they may or may not be able to restrict. Discussion continued as to what the City Council would like to address in the development agreement. Mayor Brunst moved to continue the item to Amend Article 22-5-3(A) and the zoning map of City Council Minutes – November 10, 2020 (p.10) A complete video of the meeting can be found at www.orem.org/meetings the City of Orem by changing the zoning of approximately 2.16 acres from the OS5 zone to the C2 zone at approximately 2000 South Geneva Road to the next regularly schedules City Council meeting of December 8, 2020. 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. PUBLIC HEARING ORDINANCE – Amending portions of Section 22-24-2 The Hub District (HD) zones of the Orem City Code pertaining to enacting the Edge zone adjacent to University Parkway and modifications to the overall height requirement and permitted uses in the Edge zone and other amendments including enacting Sections 22-24-2(J) Sidewalks and Landscaping and 22-24- 2(K) Alternate Development Standards for the HD-E Zone. In addition, amending Section 22-5-3(A) and the zoning map of the City of Orem by rezoning portions of the properties located generally at 314 East University Parkway, 212 East University Parkway and 1315 South State Street from the HD zone to the HD-Edge zone Mr. Bench stated the Development Services Department requests the City Council amend portions of Section 22-24-2 pertaining to the Hub District (HD) zone. One of the main purposes of the proposed amendments is to create a new Edge zone within the Hub District. The proposed Edge zone would be in three general locations adjacent to University Parkway with a depth of 200 feet from the back of the sidewalk creating an area for retail uses with no minimum height requirement. The HD Core zone currently requires a minimum height of three stories for new structures. This makes it difficult for certain new retail uses such as restaurants to develop adjacent to University Parkway. Because the properties adjacent to University Parkway are highly desirable for retail uses, staff believes that eliminating the three story height requirement for certain retail uses along the frontage of University Parkway would strengthen the City’s retail sales tax base and promote economic growth in this area. Staff proposes the creation of the HD-Edge zone in certain areas along the frontage of University Parkway. The Edge zone would not have a minimum height requirement of three stories as is required in the HD-Core zone. Uses in the Edge zone would be limited to retail uses to ensure that the City maximizes the retail opportunities along the University Parkway corridor. The new Edge zone will also help property owners to develop retail pad sites adjacent to University Parkway without compromising existing leases with the big box tenants behind which often have provisions in their leases limiting the height of structures that may be located in front of them. The proposed amendments also include updating setback requirements for parking lots adjacent to the street. A minimum six foot (6’) landscaped setback would be required from the back of the sidewalk when adjacent to parking stalls, drive aisles or drive thru stacking lanes. The proposed new Sections 22-24-2(J) and 22-24-2(K) will clarify sidewalk and landscaping requirements as well as alternatives in developing in the Edge zone. In addition to the ordinance amendments, the Development Services Department requests the City Council rezone the properties located generally at 314 East University Parkway, 212 East University Parkway and 1315 South State Street from the HD-C (Core) zone to the HD-E (Edge) zone as shown on the proposed map. The Development Services Department held a neighborhood meeting through Zoom on October 22, 2020 at 5:50 p.m. with two individuals plus City staff in attendance. The two attendees made positive comments regarding the proposed changes. They represented property within the proposed Edge zone. City Council Minutes – November 10, 2020 (p.11) A complete video of the meeting can be found at www.orem.org/meetings Mr. Callister owner of Carillon Square stated one concern he has is that it would restrict the uses in the Edge District to specifically retail. They are currently working with a current tenant that is not a retail store but they provide services. Mr. Bench indicated he does not feel there would be an issue to include the SLU code 6510 (medical, dental and health services) in the Edge Zone that would continue to allow that type of business. Future uses other than what is mentioned, would need to come to the Council for approval and change. Mr. Earl indicated that in making this change they wanted to keep this narrow corridor area for retail. He feels that once they open this up to non-retail use, you lose the rational of not allowing all non-retail use. Mr. Davidson stated they need to be mindful of the historical benefit that has been University Parkway to the city, in times past and in time future. If we are going to make modifications along that parkway and change the nature of the parkway then it has very broad implications into the future as related to our success as retail destination of the County. His urging would be consideration of that has been our heritage, let’s not undermine our heritage in the future and undermine our ability to remain a prominent retail destination in the county. General discussion continued regarding the uses in the proposed area and the current tenant of Carillon Square. Mayor Brunst opened the public hearing at 7:46 p.m. Hearing no public comments, the Mayor closed the public hearing and brought the item back to the City Council for further discussion. Mayor Brunst moved to Amending portions of Section 22-24-2 The Hub District (HD) zones of the Orem City Code pertaining to enacting the Edge zone adjacent to University Parkway and modifications to the overall height requirement and permitted uses including use SLU code 6510 in the Edge zone and other amendments including enacting Sections 22-24-2(J) Sidewalks and Landscaping and 22-24-2(K) Alternate Development Standards for the HD-E Zone. In addition, amending Section 22-5-3(A) and the zoning map of the City of Orem by rezoning portions of the properties located generally at 314 East University Parkway, 212 East University Parkway and 1315 South State Street from the HD zone to the HD-Edge zone. Mr. Spencer 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. CITY MANAGER INFORMATION ITEMS The City Manager had no additional Information Items to share. ADJOURNMENT Mr. Peterson moved to adjourn the meeting. Mr. Spencer 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. City Council Minutes – November 10, 2020 (p.12) A complete video of the meeting can be found at www.orem.org/meetings The meeting adjourned at 7:51 p.m. JoD’Ann Bates, City Recorder Approved: December 8, 2020 City Council Minutes – November 10, 2020 (p.13) A complete video of the meeting can be found at www.orem.org/meetings 7. Personal Appearances Jennifer Nelson, Timothy Keller, Kim Strasburg, Scott and Kristina Lybbert, Patricia Conrad, Laurel Smith, April Johnson, Brad McIntyre, Leon and Darlie Hunsaker, Janet Alvarez, Evie Forsyth, Wendy Smith, Kay Smith, Erin Soter. Representing Friends of the Orem Hillcrest Park (500+ members and growing) To the Mayor and Councilmembers, Orem City’s acquisition of the Hillcrest Elementary School property is a once in a lifetime opportunity to add centrally located greenspace to our city’s landscape. It also has the potential to benefit a large proportion of our city’s population who currently have extremely limited access to greenspace. During the last City Council meeting, Councilmember Tom Macdonald voiced concern about Orem’s citizens being like kids on Christmas with pie-in-the-sky expectations for the park. We would respectfully counter and say we should be like kids at Christmas! This is an amazing, exciting opportunity and it would be a shame to not recognize it as such! Now, does this mean that we as citizens should get all of the pie-in-the-sky amenities at this park? No! We realize that there are fiscal constraints. However, preserving all nine acres with the bare minimum cost if needed now so that amenities could be added later as funds become available is a much preferable option than to sell a large proportion of the acreage. The sale and the finality of the loss of this land would be a short-sighted decision. We have the chance to create a large space that generations of citizens will enjoy. We humbly ask that the city refrain from selling part of the acreage even if this means that the park may not have as many amenities. Preservation of all nine acres as green space should be the highest priority. Orem has a great track record of encouraging the growth of businesses in our community. In this case, please refrain from making the best business decision in terms of dollars and cents but instead make the decision that will have the greatest benefit for the current and future families of Orem. We can’t think of a better way to honor our city slogan “Family City USA” than creation of the full nine-acre Hillcrest Park. Dave Busath Where would the 10-million gallon tank be placed in Orem Community Park? 9.1 PUBLIC HEARING /RESOLUTION - Community Development Block Grant (CDBG) Projected Use of Funds for CARES ACT CDBG-CV funding None 9.2 PUBLIC HEARING/ORDINANCE - Amending Standard City Council Minutes – November 10, 2020 (p.14) A complete video of the meeting can be found at www.orem.org/meetings Land Use Automobile Repair to Automobile Repair (Mechanical Only) None 9.3 PUBLIC HEARING/ORDINANCE – Zone Change of approximately 2.16 acres at approximately 2000 South Geneva Road Nate Houston Mayor and Council Members: Thank you for your time and willingness to consider my below message in regard to the zoning of 2000 South and Geneva Road. I have been directly working with Davies Design Build as the operating partner for convenience stores, gas stations and QSR food establishments. We currently operate in Utah and Colorado markets. My business as a retail and fuel operator began in 2014 in Panguitch, UT. Prior to 2014, my time was spent managing the operations finance team for an ultra-low-cost carrier airline and was a CPA with Deloitte prior to the airlines. This letter is specific to the environment concern discussed in the Planning Commission meeting held on 10/27/2020. New gas station construction is very differently than construction completed 10+ years ago. Below are some of the methods and equipment we use to ensure environmental compliance, which is synonymous with our success as operators and investors. 1. Underground storage tanks (UST): new installs have multiple options to provide continuous monitoring of an environmental release. This is completed through Interstitial Monitoring, which means the USTs have sensors between the exterior shell of the UST and the fuel holding tank of the UST. These alerts are instant when the sensor is triggered (see page 4-5). 2. Automatic Tank Gauging (ATG - Inventory monitoring): this provides automatic inventory monitoring vs manual sticking the tank (like a dip stick on car oil). This is implemented at all our sites that have USTs. The tank readings flow directly to our IT system and allow us to automatically monitor inventory and identify any variance in fuel gallons (see page 3). 3. Statistical Inventory Reconciliation (SIR): this is a method of statically tracking fuel inventory to monitor if an environmental release may be taking place. The IT system we use in connection with the ATG make this an automated process within our business (see page 6). 4. Electronic Line Leak Detection: This piece of equipment actively tests the fuel lines in the ground on a regular basis. Example: 3 people are pumping on the unleaded line, when the final fueler hangs up the nozzle, the electronic line leak detection will engage and pressurize the line. If pressure is lost there will be an automatic stop to that fuel line that would need to be addressed before that line can pump more fuel. This testing can be completed every time a fueling events is finalized (i.e. after 30 seconds of no fuel flow, the test will begin). 5. Double Walled Flex Fuel Piping: If there is a leak in the main pipe, it is released into the exterior piping and the pressure will push it back to a sump containment. This release would be noted through a sensor that identifies liquid in the sump containment or an A/B inspection. Many older sites may have single walled piping, which could result in a line leak directly into the earth (see page 9). 6. Under dispenser containment (UDC) and sump pump containment will be installed to separate fueling equipment from any direct ground contact, providing an additional layer of environmental protection. 7. A/B Operator Monthly Inspections: This inspection includes evaluation of the entire fueling system and documenting it for the state and internal records. 8. Tank tightness testing & pipe tightness testing: this is required by the state each year, we have a good relationship with our contacts at DEQ and have a great track record of compliance. City Council Minutes – November 10, 2020 (p.15) A complete video of the meeting can be found at www.orem.org/meetings 9. Vapor recovery at delivery: Deliveries should all have vapor recovery. If we witness a delivery without vapor recovery, we will stop the delivery personnel and request that they implement it. We will then report the event to the company’s dispatch group. The above items are not exhaustive but are part of the core items ensuring that our environmental risks are aligned with our investment risk. The financial risk we expose ourselves to if we are negligent concerning the environment would eliminate any investment benefit and no operator that cares about their patrons, business and investors would allow this to happen. Truett Chamberlain I work for Berkshire Hathaway Commercial Real Estate in Utah. I, along with my business partner (Cassidy Baum, cc'd to this email), represent the sellers and the buyer/developer for the two parcels of land on the Orem/Provo border where 2000 South meets Geneva Road. These properties are being proposed to turn into a gas station. Below is a list of our clients in respect to this email: Seller = The Lloyd Taylor Living Family Trust (the family representatives are Lane Taylor and Cyndy Butler). They own 1.24 acres located at 1981 S Geneva Rd Orem, UT 84058 with the parcel number 19:036:0116 Seller = Donald "Kent" Roberts. He owns .96 acres located at 868 W 2000 S St Orem, UT 84058 with the parcel number 19:036:0053 Buyer/Developer = Davies Design Build / Axley-Way Investments located at 240 N 1200 E, Lehi, UT 84043. In preparation for tonight's city council meeting at 6 PM, my business partner and I gathered signatures from as many people as we could who live/work within 1 mile of the properties. Attached you will see a copy of the petition along with renderings of the proposed gas station. To the left of each signature is a description of where the signers live/work. Please note that we were unable to talk to everyone within the 1-mile radius due to residents/employees not being home/at work or for lack of time to talk to everyone. We were able to collect 204 signatures from those wanting a gas station to be located on the North-East corner of 2000 South and Geneva Road. Those who signed all agree that a gas station on the aforementioned corner would benefit their neighborhood. We look forward to tonight's meeting and feel free to use this petition however you see fit during the meeting. I will be in attendance during the zoom meeting if there are any questions you might have in respect to the petition. (Petition emailed to City Council 11/10/2020) Canon Jensen I currently work for Davies Design Build, live in Orem somewhat close to the subject property, and am voter. I am sending this comment as a resident who truly would like a convenience store closer. While it may be hard to believe, I am NOT sending this comment because I am an employee with the applicant. No one has asked me to send this. I personally would enjoy having this gas station mainly because it would be much closer to my home than any other gas station. I am also currently going to school and having this gas station on the subject property would benefit many students due to the large number of them that live on our side of town that do not have a gas station very close to where they live. Lastly, I understand the concerns that others may have about having this gas station, but I do not take in consideration those that do not leave a name or some kind of identification with their comments during your meeting. (Mostly due to the fact that one person could easily spam your inbox with multiple comments against the project from another area or not from Orem). Thank you for listening to my comments and I understand City Council Minutes – November 10, 2020 (p.16) A complete video of the meeting can be found at www.orem.org/meetings if my job at Davies Design Build minimalizes the things I have said. Tanner Nordstrom My name is Tanner Nordstrom. I live approximately 650 feet from the proposed gas station. The letter I submitted to the planning commission captures our community concerns and desire to NOT live by a gas station. Please hear and value the voices of us who will be negatively impacted by a developer looking to get rich with no negative impact to their quality of life. We are not opposed to change; we are not opposed to a commercial building on that corner. We ARE opposed to living by a gas station. The planning commission did a great job hearing our concerns and reference checking the bogus comments the developer tried to sneak into the meeting in support of the gas station, please trust in their decision to not recommend this rezoning. Dave Busath This is the beginning of development related to the Orem Temple. How does the City think it will affect future development, traffic to/from the Temple, and traffic to/from the Utah Autism Academy? 9.4 PUBLIC HEARING /ORDINANCE – Amending portions of Section 22-24-2 The Hub District (HD) zones None