City Council · 2021-10-26

Well, we would like to welcome everyone here to our City Council work session and would like to begin. We have a presentation from Central Utah Water Conservancy District to the Alpine Aqueduct Project. And we have Mike Wimpey and Sarah and Chris here, and we'll turn the time over to them.

Okay, can you, can you hear me?

Yes.

We appreciate you letting us take some of your time today. As the mayor introduced, I'm Sarah Sutherland with Central Utah Water Conservancy District, and I've got Mike Wimpey on my right and Chris Eliason on my left. And we have an environmental assessment project that we are just about to kick off that's at the mouth of Provo Canyon, and we felt like it was important that we made sure that you guys were informed of the project.

We met—

Appreciate that.

We thought you might. We met recently with Ryan Clark and Sam Kelly and Steve Downs on this project, and they recommended that we come before you today. So here we are. Mike Wimpey is going to start us off. He's going to give us— give you guys a background on the project, and then I will explain how the NEPA process will work for us.

Okay.

Okay, perfect.

Let's see. So do you see the presentation on your monitors?

Yes, we have those on our monitors.

Okay, perfect. So I know where we're looking.

You have to turn yours on. Bottom right-hand corner. There you go.

All right, so I think most of you are probably very familiar with Central Utah Water Conservancy District. We are the local sponsoring entity of the Central Utah Project. Oftentimes we're confused and are known as the CUP. People refer to us as the CUP. That's because we are responsible for operating the Central Utah Project, which is a very large diversion project that brings water essentially from eastern Utah to the Wasatch Front. And all of us are benefactors of that that live here up and down the Wasatch Front. So, so this is a map that shows a lot of our facilities. We encompass counties all the way out to Colorado border, Uinta County, and bring and collect that water through a series of diversions and tunnels and bring that water to the Wasatch Front. And part of that is here, very local. at the mouth of Provo Canyon, some of the key facilities associated with the Central Utah Project. Many of these facilities were constructed 40, 50 years ago, and so before the memory or the collective memory of a lot of us and a lot of our residents that live here. Those of you that have been in this area for 20-plus years will remember the old green pipeline that snaked up the mouth of the canyon.

Yes.

And that's one of the facilities that delivers water down the canyon and comes out and is important to the residents of the city of Orem. So this map shows the, the— I guess, the various pipelines that come out. The mouth of the canyon is essentially a crossroads of where a lot of these pipelines converge and then continue on around to the water treatment plant located above the Orem City Cemetery. as well as up into northern Utah County into Salt Lake County. This is an area— once again, this is another view of those same facilities looking northeasterly towards Provo Canyon. The yellow lines represent the Murdock Canal, what was formerly the Murdock Canal. Now it's an enclosed aqueduct, Provo River Aqueduct. The blue line is Orem Cities, or the teal blue line is Orem Cities-Alta Springs line. The magenta line represents the Salt Lake Aqueduct, and the black line that snakes down around the former Cascade Golf Course is the Alpine Aqueduct.

So, Mike, if you wouldn't mind, what diameter is the Alpine Aqueduct?

90— in portions of it, it's 90 inches, so it's between 90 to 102 inches.

And the Salt Lake Aqueduct, how big is it?

60-inch. Yeah.

So I know the Salt Lake Aqueduct takes water up to the farmers up in Salt Lake or businesses or people or whatever. And does the Alpine— where do you take all of your water to?

Perfect. Yeah, great question. So this aqueduct, it's actually responsible to deliver water to about 1.5 million residents.

1.5 million?

1.5 million. Yep. So it includes a large portion of Utah County, Including Orem. Lane Gray, I think, could correct me if I'm wrong, but I believe Orem receives about 60% of our water supply through this facility and through the water treatment plant. It also continues on and carries water to pressure secondary water to all the North Utah County communities and also delivers water to Jordan Valley Water Conservancy District, where they treat it and clear up to the airport. And so if you're at the airport, you're probably drinking water From this facility.

So those 2 pipelines go right by my street. And they go about 200 feet from my house. And I watched them dig down and bury those pipelines. And when I watched them, I could barely see the pipeline down at the bottom of the ground. It was so far down.

Yeah, yeah, these are very large transmission facilities of utmost critical, critical nature for the residents of the state of Utah and the city of Orem. And as you said, they go through some very established neighborhoods and they do have a high potential to impact the residents in those areas. And so that, that's a perfect segue into our next portion. So these facilities, and especially this facility, typically on these pipelines, we design them for a 50 to 75 year lifespan or longer. This particular pipeline, the Alpine Reach 1 pipeline, was installed in 1979-1980 timeframe, so we're only about 40 years in. But there's some unique geologic issues that we're dealing with. We are, of course, we're all aware of the seismic faults that exist through that area, that run through that area. And so over the years, over the past 20 years, I think we've experienced about failures of this pipeline. One of the most serious ones was in about the year 2000, where the pipeline ruptured, and that's shown in the upper left photo that's shown here, and flooded down the street towards the Mama Chu's restaurant. I don't believe all those homes were in at the time. I think the street was, but, but it's a, it's a critical facility in a very— in an area with some difficult geology and geologic hazards. And, and because of that, we've experienced some issues with, with ruptures, as well as some concerns about corrosion of the steel pipeline. One of the more recent failures that we experienced with this facility was in 2017. I didn't golf Cascade Golf Course enough to know which hole this is, but as you can see, it's right on one of the fairways from the upper 9 holes. where we had a slip of the slope and it came down and essentially the pipeline buttressed it and kept the landslide from progressing further. But that's not a good situation to be in as a utility owner of a pipeline, having your pipeline buttress a hillside. We didn't have a failure, but we have gone in and monitored the pipeline and have observed squashing of the pipeline where it's egg-shaped. And so it's not a good situation for us to be in there. This is related to— so based on that, in about 2017, 3 or 4 years ago, Central Utah Water initiated a study to evaluate the facility, evaluate the hazards that it's exposed to, and consider either mitigation measures that could either fortress the existing facility or replace it. And one of the underlying geologic hazards that exists in this area is there's an ancient landslide. The approximate boundaries of that landslide are shown in this, this figure that you're looking at right now. So you can see that our pipeline runs right across the lower edge of the landslide. There are other facilities that run across this landslide, like I said, Orem-Alta Springs line, I think.

So which direction is that landslide going?

Uh, south.

Okay, well, my house is over here.

Yeah, in this case, your home is buttressing the landslide.

No, no, just kidding.

You're off your edge.

You're off to the west of what we're looking at here. But, uh, but it is an ancient landslide. Uh, like I said, within this ancient overall landslide, we have seen, uh, smaller slides localized slides associated with maybe a wet year or watering, but there is an underlying geologic hazard with the ancient landslide formation there. In addition, and I'll try to stay away from photos that aren't very enjoyable to look at like this, but there are seismic faults. The Wasatch Fault runs through the mouth of Provo Canyon, and so one of the critical points that we evaluated was exactly where those landslide scarps exist. And so this mapping was able to identify some of those landslide— or excuse me, the seismic scarps. As we compared this facility, and like I said, I won't spend a lot of time on some of these, but this facility was less armored and less able to resist the seismic design of some of the other adjoining facilities that are in the area. And so what we try to identify is kind of the weak link in the chain, because these facilities depend on one another. Our water treatment plant, we performed seismic upgrades on in the past 10 years to bring it up to a critical— critical, what's called a Function 3 critical facility. Essentially, we want to be able to have the ability to maintain fire flow, ability for our fire department to fight fires after a seismic event. Maybe at limited, reduced capacity, but we can't have the facility go out of, out of operation. So as we looked at these—

So you're basically saying you need to be operational after an event?

Correct.

And you need to plan for that?

Yep.

And we've done that with a lot of the adjoining facilities. The old green pipeline that was up the canyon, we replaced that in around the year 2000. The water treatment plant, we've We've performed $50 million in upgrades on that in the past 10 years to address these issues. And this is, this is the, this is the one of the weak links in the chain that makes us lose sleep at night. As we evaluated the seismic fault scarps at the mouth of Provo Canyon, we determined that they have the potential to displace 12 to 16 feet vertically across these fault scarps. Designing a pipeline to cross these is possible, but our current pipeline isn't suited to handle that kind of a displacement. So like I said, about 3 years ago we began a study to evaluate different options to remedy this risk that this facility faces. We looked at everything from tunneling underneath the landslide to trying to go across the landslide to going around the landslide. And so we evaluated, as you can see, the spaghetti kind of bowl-looking mess of lines here, but we looked at a lot of different options to, to replace this facility. And in the end, we looked at 15 different options. We evaluated those based on importance criteria such as reliability, ability to repair it. O&M, environmental, various. You can see the weighted criteria that we use, and from that we came out with an initial determination of which options ranked highest. And then we continued on to a second phase of the study that included a lot of fieldwork. So this is on property owned by Todd Peterson. You can see on the drilling rig, we went up and did drilling to evaluate the feasibility of putting in tunnels to try to get underneath the slide. Worked with Todd Peterson to be able to get permission to go onto some property that he owns and do that drilling. We also worked with the city and the public works department to be able to go up and on the photo on the right to do some sounding tests to pinpoint and more accurately locate the location of these faults— excuse me, seismic fault scarps. And from that, we came out with a— what we determined to be a preferred replacement option. And so that's shown on this slide. I'll stop here for 1 minute just to see that. But essentially, the options that we looked at involved going underneath the slide, over the slide, or around the slide. And in the end, the option that we believe is the most feasible is going around the slide. Unfortunately, those neighborhoods developed right up to the toe of the slide, so there's not room to go around the slide without going through a neighborhood. And that's why we wanted to make— come and speak to each of you and make sure that you're well aware of this. Sarah will talk a little bit more about our public outreach measures in a few minutes.

Which lines on this map should we be focused on?

So yes, the purple line, the solid purple line, is our preferred alternative. And just to orient you a little bit, that's running the main east-west segment Let's see right here, that's 1060 North Street and 1360 East, a small segment of 1360 East. And the, the old Cascade Golf Course is located right here. So if you drive to the top of the street where Mama Chu's is located, there's a street.

So you realize you've picked one of the most expensive neighborhoods in Orem.

Just thought I'd tell you.

We're, we're, we are well aware of that fact. Yes, yes, it's not—

Coach Pope lives there, the owner of Qualtrics lives there, Todd Peterson lives there, Vivint. I can go on and on. Dastrup Insurance, the owner of Dastrup lives there. Anyway, yeah, yep, you'll be digging up some expensive yards.

The black line is the current one on the north, on the top, on the north?

That's correct.

And in order to circumvent this, your proposal is to go through this area, right?

Correct. Yep, exactly.

Mike, may I ask a question? As you went through the— and considered the environmental process associated with alternatives, did you consider proximity to, for example, residential properties and the like? Was that part of your selection criteria?

So Sarah will talk about that in a minute, but we are just on the front end of the environmental process.

I guess I shouldn't say environmental, I apologize, but in your kind of internal evaluation, did you consider proximity?

Certainly, we would prefer to stay out of this area. There just were no other— because of the geologic hazards that exist up there. I guess the one important thing that we would We will make as a point as we discuss this with the neighborhood and the representatives is that currently they have a facility that was not designed for landslide, and the seismic design that would be designing the replacement facility for located right above their homes. And so we are mitigating a hazard that exists today that I would be much more concerned about than the impacts of the replacement line that we'll be installing.

How much would you expect the landslide to move if it started to move? Do you have any idea?

That's hard to say because a landslide can be triggered by various events. So if it were triggered by a seismic event—

I mean, like the one above Mama Chu's, how far did it move?

So that one wasn't a landslide, that was a break of the pipeline. And so that was more erosion that you observed. But the most recent landslide that we had that buttressed against our pipeline a little bit further to the west moved maybe 5 or 10 feet.

Okay.

All right.

And, and as we went out and did our field investigations, we tried to determine exactly where the toe of that landslide is. In other words, does it extend into the developed residential neighborhood, or is it 100 yards uphill? As near as we could tell, the neighborhoods have been developed right to the toe of the landslide. So going back to the mayor's comment on the neighborhood that we chose to go through, you know, that we're being forced to go through. Yeah, this is a large diameter pipeline where 108-inch would be the diameter of the line running down. This is a view of 1060 North. Similarly, for 1360 East, there's existing utilities that we would need to coordinate closely with the city with. to, to relocate. And this is a project that we did through down 1000 East in Orem, maybe 8 years ago. We jointly did a storm drain and a water line project, albeit a much smaller pipeline. This was a 42-inch pipeline, but there certainly is impact on the neighborhood as we go through and do this type of a project. We try to maintain as much as possible, you know, some vehicular access so that people aren't blocked off and not able to get into their homes for an extended period of time. But, but it does impact the neighborhood.

Not sure how the guy on the top left there backs his truck out of his driveway, but anyway.

Very fast. Yeah, and this is as we curve the corner there on 10— on 1000 East, and then we cut over. I think Orange City has a well house near this location, but we cut over and went into the Murdoch Canal alignment. But yeah, certainly has the ability to cause a severe disruption to the residents that live there for a time period.

Maybe you said, but what's your timeline once you start to do this?

Like the overall project or in front of one particular residence?

Well, I guess both.

I mean, so we'll talk, we'll talk in a minute about the overall timeline of this project. It's, it's a long— it's a 4-year-ish project, so it's okay. It takes a considerable amount of time. But, you know, in front of one resident's house, the contractor focuses to be able to get the trench dug, the pipeline in, and backfilled as quickly as possible. But, you know, I would say—

A week or 2 or longer?

A week or 2. And that may be to restoring dirt and not necessarily asphalt, but at least vehicular access. It could be up to that long. And just as a side note, We are looking at some other options that increase the resiliency of this facility, and so this isn't a great diagram, but it does show the, the preferred alignment going around the slide. But the, like, the part that I'd like you to focus in on is the blue lines. So we're looking at other options that if this— once again, this is a very critical facility. It's going through a really tough area geologically and seismic due to the geologic and seismic risks. in this area. We are looking at some other options to construct pump stations, and those are the blue dots where we could pump either from the Provo River right up to the pipeline and still maintain service to the treatment plant in the event of a severe seismic event, or another option that would pump from the Provo Bench Canal up to the Murdoch Canal, and then another pump station by the Orem City Cemetery that would pump it up to the treatment plant. So those would be in addition to, not substitutes for, the pipeline. But with those, we would be able to maintain that objective of continuing to have this critical service after a seismic event. And back to Councilmember Larray's comment about schedule, Sarah will talk a little bit more about that. But yeah, it's about a 4-year project from now until we see the finished Okay, thanks, Mike.

So backtracking a little bit, this is a federal pipeline and it carries federal water, and because of that federal nexus— is the term that we use— we are required to go through the National Environmental Policy Act, or NEPA, that you'll regularly hear. And so we are just beginning that process. We— our anticipation is that we will do an environmental assessment level NEPA document, which will take, we estimate, about a year, but depends on how things go. NEPA is a federal decision-making process, but the key to it is that it's a public involvement process.

It's—

that is, it is created to involve the public, and with a project like this, That is critical, as you guys can easily see. So we start off our NEPA process with what we call scoping. So we do public scoping and we'll send out a public scoping document that explains what the project is, you know, our initial assessment of the project so that the public and agencies and interested parties can understand, okay, this project is about to get started, here's what they're proposing. And then, so we'll, we send out that notification to, we'll send it to the residents that live in this area that are going to be most impacted potentially by this project. We'll also send it to interested parties and agencies that are interested in this project. So we'll send out the public scoping document, and then we'll put notification in the local papers, we'll put notification on our website. We plan to coordinate with Orem City to make sure that we get it on Orem City's website, in your newsletter. All of that notification will route people back to our project website, and we'll have a project hotline set up so that people can at any time be able to get updates on the project and provide us their comments and input on it. We have been meeting already with local senators and representatives to make sure that they're notified of this project so that they don't get surprise phone calls that they're saying, wait, what project? So we've been—

And when will you be meeting with the neighbors to let them know ahead of time?

So we are planning to have a public scoping open house the end of November that we will invite all of the neighbors and the public to, and they can come and gather more information about the project and ask us questions about the project. And then our— what we try to accomplish through scoping is to get their input. What are their concerns? What are their interests? What things specifically do they want to make sure we analyze through that environmental assessment?

And you'll be letting them know that this is a large diameter water pipeline coming through their neighborhood, so they should attend the open house.

Yes, yes, and we will reach out directly to that neighborhood. We realize that this is going to be very concerning for them, and so we will make extra effort to make sure that we involve them early and often throughout this process. We recognize this is not going to be exciting news for them, so I have another question.

So the fact that this is a NEPA, does that mean funding's coming through them? Is federal dollars that's coming through Washington, or is this just—

it's water users through the district, through our federal, our NEPA account? But yes, it comes through our tax dollar.

So it's both?

Did you say it's both?

Not federal, no. It's through the district.

Okay, just district.

Yeah.

Yeah, but, um, we do have a federal partner, the Department of Interior's Central Utah Project Completion Act Office. They are our joint lead agency because this is a federal pipeline, so they are at the table, but they're not giving us money.

And the total cost is going to be how much?

For the NEPA effort, we've hired a consulting firm, and I think their budget came in at about $260,000.

I'm sorry, not on NEPA. The entire project—

the entire project is about a $50 million project, and Chris let me know that there is $40 million in the federal infrastructure bill that is in Washington, so who knows what will be the outcome of that, but, but we are attempting to obtain federal funds to help pay for this project.

Right.

I wanted to highlight that my part, my port of Part of the project is really inexpensive.

Yes.

Okay, so, you know, public scoping, we want to see if we can flush out people's concerns early in the project. As Mike showed you, the district has selected an alignment that meets our needs of resiliency for this pipeline, but we realize that as the public and as agencies look at this, They're going to have other alignments that they're going to recommend that we look at, and we will do that. As they suggest those alignments, we will analyze those through our environmental assessment.

So it appears that what you're trying to do is to plan for the future and to build so that you do not suffer a major catastrophe due to what could be a geological event, and that you are prepared for what's coming.

And mitigate a current risk. I mean, as we mentioned, we've had 5 failures in this facility of some form over the past 20 years. So we think there's a hazard that needs to be mitigated.

So, Sarah, question. We see the fault line kind of right at the top of Orem and going through, you know, the old Cascade property. Where does the fault line go through the rest of Orem? Is there the fault line in Orem, or is it over on the Provo bench side?

So, Terry, one thing I could tell you real quick, we have about 40 fault lines in the city of Orem, and there's almost no place within the city that does not sit next to or on a fault line. If you get a copy of all the fault lines, this, this is a major one, but we have about 40 fault lines. And if you go to the Geological Survey, they can give you a map and show you all the fault lines in Orem.

So will you answer that, Sarah? What about major fault lines in Orem as far as—

So my understanding is we have the Wasatch Fault that, you know, follows the entire Wasatch Front, which created my— going way back to my geologic class, um, you know, my understanding is that's was that creation of why we have the Wasatch Front as it sits. But I know we did a project, oh, it's probably 10 years ago in Provo, where we had looked at a pipeline up on their bench. And because of that Wasatch Fault down there in Provo, we moved it down to 900 East. So, so that Wasatch Fault line runs right along the foothills. I'm not sure how far north and I'm not sure how far south, but it's—

So the major fault line runs along the Provo along the Provo bench, right? And then, but we, like the mayor says, we have others here, but the major one we're talking about, the Wasatch Fault, is along Provo.

Yeah, and it's not a single line. I'm not sure how well you can see this photo, but this is from Utah Geological Survey mapping done about a year ago, and there's splays. And so it's not just a well-defined single line. There's arms that reach out, and in this particular area there's 3 main splays that we're concerned about that extend, as you can see on this map, out somewhat out into the developed areas.

Okay, keep going.

Okay, so we do anticipate through the NEPA process that we will analyze more than just our alignment that we have identified at this point in time. And we do want the public to understand that, of this is their process as well to propose alternative alignments for us to look at. And you'll be very surprised.

The—

so as I mentioned, an EA typically takes about a year depending upon its level of complication. This has the potential to get a bit complicated. But once we— so we will wrap up the scoping process, this initial information collection process, the first of the year, and then we will start drafting a draft environmental assessment document. Once that is complete, we will again notify the public and agencies that a draft environmental assessment is available, and it will be made available for a 30-day review and comment period. We'll collect people's additional comments of You know, what did we miss? What did we not analyze we should have? Or is there adjustments that need to be made? We will make whatever those adjustments are based on the public comment period, and then hopefully reach a final environmental assessment. And then once the NEPA process is complete, our design team steps in and starts to work on the actual design of the selected alignment and moves forward with that effort.

Okay.

So that's— so then going back to Mike's schedule, we anticipate 2022 being spent doing the NEPA process. And then after that's completed, the engineering design team will start. That'll take them about a year. I think they are the blue group up there doing the design effort and then construction Looking to start the end of 2024. And with the Yellow Line is public involvement and outreach through this entire process. This will not just be public involvement during the NEPA effort, and then we stop talking to the public. Wherever we land on this process, we will continue.

And you'll be interfacing and coordinating with the city engineering department, public works, every step of the way?

Absolutely. Absolutely. You guys are a critical player, obviously, in this project. Are there any other questions?

Any questions from the council? Well, all right, we appreciate you bringing the information, and we're glad that you're planning ahead to mitigate the risk, because it appears there is a substantial risk there. So thank you. Appreciate it. We'll now go to our next discussion, which is an update on the American Rescue Plan Act funding, and Steve Downs, our Deputy City Manager, will be our presenter.

Mayor, Council, appreciate the opportunity to discuss a little bit about the American Rescue Plan, known as ARPA funding, that the city received and kind of where we're at with those. That funding, we have been coordinating obviously with the council on the funds that have been spent up to date and just wanted to give you an update. Some background: the City of Orem receives just over $16 million in ARPA funding. That money comes in 2 different tranches. 50% of that was received May of 2021. The second half will be received next May. The bill intended to cover costs that were beginning, beginning on March 3rd, 2021, so anything incurred prior to that could not be— ARPA could not be the funding source to pay for it. The money must be obligated by December 31st, 2024, and expended by December 31st, 2026. I'll send this presentation, of course, to you, but additional guidance on how the money can be spent is found at the following web pages. There's an FAQ and then an interim final rule, which has all the kind of technical writing. But it's quite the bill. It's significant in size, not just in dollars, but in In verbiage, and we're working close to follow the guidelines and ensure that it's being spent appropriately. This is different than the CARES Act money that was received last year. This is a separate bill, separate appropriation to the city. That bill is all accounted for in our general fund from last year. This was the second bill that came essentially to serve similar purposes. To date, these are the expenses incurred. $644,000. So obviously we've only touched the surface of, of this. You can see that broken out. Many of these to encourage social distancing. This was at the time when we were still kind of in the peak of the pandemic. So you can see that there as well. Any questions on anything specifically on the expenses incurred so far? Just so you know, anything that we had talked about using CARES Act, once, once the ARP— once ARPA funding became available and eligible, those expenses went now to ARPA instead of CARES Act. CARES Act is far less restrictive in how we use that. So we took those expenses, for example, PPE and cleaning and masks and all that could have continued to be billed to CARES Act. But once ARPA became available, we billed it to ARPA because CARES is much more flexible in how we can spend it. So it just gives us more opportunities moving forward on how we would spend. the CARES Act money. These have been all discussed with you, I believe. Hillcrest Park is obviously the significant portion of the ARPA funding. The specific FAQ came out— Jamie messaged the council the day of that— that specifically allowed parks in underserved neighborhoods to be utilized for, for ARPA funding. And this came at a perfect timing for the city to be able to bless that community that is generally underserved and has demographics that were hit harder by the pandemic than others. And so to be able to bring a facility like this to that neighborhood that can give them the recreational and health-promoting activities that many others get to enjoy is a big, big coup for the community. So appreciate all your support, and we're glad that we've had the ability to do that.

Please.

Is the $11.5 million indicated on the sheet adequate to do at least what our guess is of the, of the full park? Yep, obviously we bought the land with other money and we got the school, but this will— Jamie, looks like you're going to comment. I'm sorry.

So yes, thank you. So we are actually just in the process of finalizing an architectural relationship with a consultant, and then we will go out and go to bid for a contractor, and then we will have more obviously concrete or firmer numbers. However, this is not the only money that we anticipate using in the construction of the park. We do have some For example, park impact fees that can also be applied. So we do anticipate that the cost of the park is probably going to exceed $12 million, but—

It gets us most of the way.

Very much so, yes. We had talked about historically phasing this facility. I would anticipate and hope— obviously, given the current construction environment, there's no promises— but I would hope that we could complete this project in one fell swoop.

Thank you.

There's additional $2.5 million that's been again just set aside for an emergency operations center for City Hall. This is specifically a benefit to the fire department is that they, they operate generally our EOC, our emergency operations center. And so as a new City Hall is built in the future, this part would be set aside and this is where we would operate any emergency, but specifically, obviously any kind of future pandemic or something like that, as opposed to currently we didn't have a spot we could sit in that wouldn't allow us to So we did everything remotely, and that worked okay, but it became dysfunctional at times. So Emergency Operations Center—

other communities are using ARPA money for the similar purpose—

and the new city hall. So $2.5 million there. $450,000 for a vaccine incentive from our employees. This was talked about obviously with the city council, and it's been received well by our employees as they've seen, appreciated kind of the carrot and the opportunity to be incentivized to do it. not penalized if they choose not to do it.

Steve, hold on.

Brent, did you have a question?

Um, well, as long as my button's on, what kind of interest do you have on the vaccination?

I mean, is that getting good participation?

Yeah, I believe so.

James can probably speak to that best.

So the program that we put in place has the city assuming responsibility for the employee portion of health and care. healthcare premiums for 2022, and we have actually given a deadline to our employees to begin benefiting from this program beginning January 1st. And to my understanding, based on the most recent follow-up we have with our HR manager, it's been very well received, and we anticipate that we will have a good number of employees who will actively choose to participate in this program. And this This is— I should note, this is not just for employees who have health insurance coverage with the city, but there's also a component added into the program that would incentivize every one of our employees, including what we call our variable hour employees, our part-time non-benefited employees, to also vaccinate. This also does cover boosters and the like if that becomes available and is part of the regimen that is followed as it relates to the COVID-19 vaccination process. So Employees would essentially be eligible for the full benefit, provided they could receive— they receive both vaccinations, if in fact they receive the Pfizer or the Moderna vaccine, which is a 2-step vaccination, and then a booster thereafter. And we're already in the process now of rolling out that booster program on a limited basis to some of our employees that qualify.

Now the booster is out. I got mine last Friday. And there you can go to any of the drugstores and get a booster, depending on your date when you got the original 2. I did want to mention one thing on the Emergency Operations Center for City Hall. We in the City of Orem have responsibilities for our residents and for our businesses so that we are in fact operational after an event. And this would be part and parcel of that in a Category 4 building. We are in a Category 0.5 building here. And so we need a Category 4 building, which allows a city to be operational after an event, not only for to save the lives, but to be able to fully function. for the city to keep things going. And it's interesting, Orem is, is not just about Orem. As we've kind of heard right here, we have the various aqueducts and we have the Utah Central Water Supply system and operation there on the hill. We need to be operational in an event so that we can cover the needs of the Utah Central Water supply district. Also, as many of you know, we supply all of the fire protection for the City of Linden. We supply all of the fire protection for the City of Vineyard. In an event of some proportion, we need to be operational after that event to be able to cover those 2 cities. Likewise, the water for Saratoga Springs and the water for Eagle Mountain, much of it comes through the Central Utah Water Supply System here in Orem. If an event were to occur, they would be depending on us to be able to operate and to respond. The other item is the fact that Orem has the largest university in the state of Utah within our boundaries at Utah Valley University. If an event were to occur, Utah Valley University would be dependent upon the city of Orem to be able to respond to that event for safety, for emergencies, etc. If we were in a crumble situation here in our city, we could not respond. But if in fact we had a Category 4 building with an emergency operations center, we would be able to respond adequately. for the university, and they depend upon us. So there's a lot of outlying agencies and governments and people who depend upon us as a city to be prepared to mitigate the risk and to be there after an event and operational. And so this is a very important $2.5 million for that.

Thank you.

Keep going.

Any questions on the— any other questions on the expenses plan? So this leaves an unallocated funding of nearly $1 million. Obviously, there's still a lot of unknowns as to what may come in the future, but I wanted to make you aware of a couple discussions that people have approached this money for, and obviously Mayor Brunson can speak to his, but we have been approached by the nonprofit community to combine with Provo and Utah County and providing resources out of ARPA funding to help in the nonprofit world. They did not receive an ARPA allocation. This would, this would be similar if we decided to go down this route. And no, no amounts have been discussed specifically. It's just kind of the discussion. Similar to the CARES Act, a portion of money was set aside from all 3 organizations for economic development. This is a similar type of arrangement that the nonprofit community is interested in for serving the nonprofit sector of our community. So I wanted to make you aware that that, that is out there. We just haven't discussed any amounts or anything.

And on my part, we've had neighbors come to us in the Lakeview area. The city owns 4.5 acres there, and that area has been designated as a park in the past. It's money— or it's land that has been donated or designated to us from UDOT, and the neighbors would like to see that park actually developed, and it would take about $1 million to do that, and they would love to be able to use this money to develop that park for their area. So—

Mayor, if I may, but at this point, this is in truth unallocated. So if the Hillcrest costs more money or other things cost more money, we, we have this as a slush fund until we decide how to allocate Until we would choose.

Yes, exactly. And as Jamie has done in the past, any allocation of this money would come to you like, like it has with Hillcrest and other things as well. So yes. Any, any other questions about unallocated funding or questions about the ARPA in general? This is just kind of, again—

So Steve, one thing maybe I could mention on the park side, the reason Excuse me, that we can do $11.5 million for a park at Hillcrest is because within the parameters of this funding, it can be used towards various things. But one of the things that can be used for is a park in an area where there's a deserving population or an underserved population. And so that's why this is attractive to the neighbors in Lakeview, because it's specifically set aside And can be used for a park for a qualifying neighborhood.

Yeah, thank you.

And just so you're aware as well, Mayor and I have had some discussions, as he has with others. We, we are obviously a little hesitant. We're building 2 parks right now, Heritage, where the water park will be, as well as Hillcrest, and not wanting to commit, spread ourselves too thin in the construction of parks, and then obviously the long-term maintenance of those. So Mayor's aware of that as well, but that's obviously some of the We want to serve all of our residents. Yeah, we have. And just so you know, this is just north of Nielsen's Grove. We're not far from another existing park in that community. I think the spark of it was they didn't want Habitat to have homes there, so they wanted the park.

Yeah, it was originally designated as a park. They would like to keep it as a park, and they would like to develop it. It's been sitting empty for 24 years.

Yeah, so, so that's—

Jamie, do you have a comment?

If I may, Mayor. This property was actually given to the city or deeded to the city at the time University Parkway was developed. So this actually was under the ownership of UDOT and then was deeded to us for the purpose of developing the University Parkway corridor. So it has been in the city's, I guess you could say, inventory of land for, for many years. One of the challenges with that property are the slopes on the property, and as you might expect, there are neighborhood expectations in and around the acreage as well as to what it may be and develop as in the future.

Mayor?

Yes, go ahead.

Trying to visualize exactly where this property is that we're talking about.

Can you—

So it's south of Walmart.

I can share my screen too.

Sure, yeah, go ahead.

Give me a second. Chat while I pull it up.

One of the challenges, Councilmember Lamson, with this property too is access to the property because it is, or at least a good portion of it is, on such a steep grade.

There are a couple of roads that dead end at the edge of the property, so access on a regular road is fine.

Is that accurate, Mayor, right there?

Yeah, if you can come up just— yeah, come up a little bit.

Walmart right here.

Walmart's top left.

So you're just coming a little south.

Okay.

Right there, if you look, you can see the West Union Canal coming up right in the middle. And there's some bare ground that Steve's putting the arrow on.

Yep.

So yeah, get bigger resolution, not smaller.

Oh, I was just kind of— okay, I was helping people get relative. So Nelson's Grove just south.

Yep, zoom up.

Going the wrong direction. Okay, so right there you can see West Union Canal in the middle. You can see where 1600 South butts up and stops. against land there and on different sides. But the land up there on 360 West coming from north to south comes into this property, and there's basically 4.5 acres there that's mostly without trees— some trees, but anyway— and that's the land that we're talking about.

Thank you.

I had no idea that that was even there, so thank you for—

Well, you would actually be surprised to look at the inventory of land that Orem owns that you don't even know we own. So by my house, we have 9.5 acres that borders some of the property that I own, that the city owns, but, but that land is— has been looked at to be set aside for a possible water tank. 20 or 30 years from now because it's up on the hill, but it sits there. And we have land that is between the different parts of the freeway and Geneva Road that are used for water retention basins, natural ones. And anyway, and then of course we have little pieces and parts that we've ended up with over the years. And I don't know, Jamie, if you've ever— figured out how much total land the city of Orem owns that is not being used.

I know, I know, Kenna actually just completed an inventory. And I think it, it runs over 1,000 parcels of property that we have.

So you get sometimes a sliver.

Some of them are 3 feet by 3 feet.

Exactly.

And other pieces of them obviously are significantly bigger.

Yes.

Any other questions? Okay, well, obviously, stay in, you know, keep the communication channel open as we discuss future opportunities. And as we have more details from the nonprofit community, for example, we'll come back and let you know what those are and how they, how they would be helpful to the community.

You're only 5 minutes over on your presentation, so good job.

That's great, about 20 minutes less than Central Utah was.

So let's go ahead and move on to an update on the water tank. information, and we have Lane Gray here and Ryan Clark. Tom, I didn't want to tell him he's right on.

All right. Good evening or afternoon, Mayor and members of the council. It's my pleasure to introduce to you Lane Gray, our new Capital Projects Manager.

Lane has been with the city for over 32 years, almost 33.

Most recently, he's been our Water Section Manager at Public Works for 17 years. Correct me if I'm wrong, Lane.

Just a little over 19 years as Water Section Manager, and that's not a new face by any means.

But we're excited to have Lane join our department. He will be managing this project as well as Hillcrest Park going forward and other large projects like this. That'll be his sole duty. We're happy to have him, and he's had his hands in every water project that's been built in the city over his career, so he is very well skilled and experienced. So I'll turn it over to Lane, and he will give you the update.

Thank you, Ryan. Appreciate that. Is this on? All right, can you hear me okay? Mayor, Council, we appreciate the opportunity to present to you Some of the feedback that we received from the open house that was held here in this very room back on October 6th. In that particular setting, we had 34 individuals attend the open house. Well, actually 34 that signed the roster. We learned later that there were actually more individuals that attended that did not sign in, so somewhere just shy of 40 individuals that attended that open house. We received 20 written comments from those attendees, and they focused on the alternatives, park access, the walking trail, exterior fence, the pump station, and well house design. So as you can see on the left side of your screen there, Alternative 1, this particular alternative allows Public access to the part— to the top of the reservoir, their tank, with its associated trail system. And there will be some shade facilities and some water-wise plantings, some decorative rock and that kind of stuff on top of the reservoir there.

So, Lane, I have a question for you.

Yes.

When you're talking about the plantings there, it shows many trees.

It does.

Are any of those trees going to be fruit trees?

That's a good question. They certainly may be.

Since this is a heritage park and we're replacing an orchard, it would seem to make sense to have some of this be orchard-type trees— cherry, apple, peach— like we've had within our community, and maybe have those marked as well so that people understand what they're looking at. Because I think that brings the heritage of Orem forward.

Yeah, I agree with you, Mayor. Along with fruit trees obviously comes the, the, uh, the need for upkeep, the spraying of the trees.

It would take some work. Yeah.

So that there will be a lot more work with a fruit tree versus just an ornamental type tree.

Right.

That's a good point.

But it is our heritage.

Yes, indeed it is. And, uh, we're gonna talk—

I know one of the neighbors is concerned. She's losing the view of some of her favorite fruit trees there. And as I think about heritage, this would be a great thing for school children to be able to walk through and say, here's this orchard, you know, here's what we used to have in orchards, these kinds of trees. The other thing is Orem— I don't know how far back you want to go, but when Orem started, one of the things that the first settlers brought here was strawberries, and they had a very large strawberry area raising them. And I think it would be beneficial to have an area where we have some strawberries as well. That was actually a really big part of Orem at the beginning.

Great input. Ryan here is making some notes, so good. We'll certainly address those issues as we get closer to that that portion of our project. You know, as I've often walked through this particular orchard, I've thought some of those fruit trees that are there on site already could possibly be saved. But, you know, given the, the size constraints of that particular parcel for such a large storage reservoir, I don't think that's going to be possible.

And just a side note, it'd be fun to have a couple of plaques that say Orem was the largest producer of cherries in the state of Utah during these years. Orem started out producing strawberries. We have apples and peaches. And just to give you an idea, in 1977, Orem shipped 4.9 million pounds of cherries out of Orem to farmers markets and Other places across the western US.

And I picked some of those cherries myself.

I think we all have.

Back in the day. Yes, indeed. Getting back to the Alternative 1. Alternative 1 was actually— received more support than Alternative 2. And you will remember that Alternative 2 actually prohibits the access for the public to get on top of the storage tank with a fence that will be placed around the perimeter of the tank. You see there in Alternative 2 that there is a roadway on top which will allow for service vehicles to access the— well, the access ports for the reservoir itself for maintenance purposes. Any questions at this point?

Okay.

Of the comments received from the neighborhood to the south, the majority do not want pedestrian access to the park from the dead-end street, citing that they are concerned about cars parking in their neighborhood and the congestion in their neighborhood and so forth. Staff suggests that for this purpose, for the purposes of walkability, connectivity, school access, and the existing southern— southerly public right-of-way, that pedestrian access be allowed there on 14 or 490 West. If parking in the neighborhood becomes an issue, the access can be reevaluated in the future. There are 2 adjoining landowners, one to the south and one to the west, requested gates to the park, and there may even be more than that, quite honestly. Of the homes along the south side of the dead-end street, one did not want access. We did not receive any comments from others, but there may be others that want access. I did visit with one on the west side after The open house that did want access, so there is some interest there. Children walking to school may be better served to access through the park instead of along 400 West for safety purposes. We suggest that all access requests should be treated the same. Access for all. Or access for none. This includes access through the dead-end street there on 490 West.

And Lane, would this area be well lighted?

The, the residents did express some concern about some of the taller lights, such as a streetlight and that kind of thing. And you can appreciate this, having the streetlights around the walking path or something, sure, and lighting up their backyard. But if we got some smaller lights, so what we thought about is maybe some of the 4-foot post lights that you often see around walking trails and so forth, probably placing some of those around the walkway.

Okay.

So, so, Lane, can you—

where's the fence on the Farley property?

The existing fence?

Are we putting up a fence?

Yes, we are.

So where's that fence?

I'll show you. Well, how about in a couple slides?

I'll show you.

Okay. I mean, but on this, you can't show me on the slide that we were just at.

Yeah, let's see. You've got—

yeah, you can see kind of that black line, that black parcel line, if you will. That black parcel line is actually the Farley property, and we will be placing a solid fence along the north property line of Farley and the west property line, in agreement with Mr. Farley. That's our obligation to provide that fence. And we can— we'll talk a little bit more.

I think, if I may, to counsel, one of the concerns we have as it relates to public safety is we're concerned that If we limit or do not provide any access at all, then we can potentially create little areas where things that we don't want to have happen actually take place. So deep, dark corners, so to speak, of a park or a parcel. And so by at least opening up access to pedestrians, we can mitigate that to some degree, and we provide essentially a means for people in the neighborhood and who are accessing the park to self-police some of the activities that go on in that park itself.

Yeah, it's a very good point.

So one of the— obviously one of the biggest concerns is that southwest corner in proximity to some of the neighbors.

You know, going along with what Jamie's saying, I hope— and we've talked about this before— but I would hope to see a fence that we can see through. Again, for safety, you know, if you're, if you're a mother pushing a stroller, I mean, a beautiful wrought iron or wrought iron kind of looking fence feels a lot safer to me than a, than a solid fence where you can't see what's going on in your backyard. And I can see one of those pieces, Jamie, you're talking about on that west side. There's about a 5-foot strip, what's probably going to be another piece the city owns between Arlen's property and that guy's piece of property.

In fact, that is That is actually property in question, and we've had discussions as to where, for example, we put a fence because there are existing neighbors who have a fence to the west or the east side of their property, and then we put our fence, and do we create essentially a no man's land with, with weeds and debris that can find their way into that void?

So you're speaking more specifically the non-obscuring fence along the south and the west portion of the properties.

Well, and the north as well. I'd like to see it all around the property so that if I'm a neighbor and something, something bad's going on behind my house, I'd like to be able to see it so I can call Orem police and say, you know, the southwest corner of this property or this or any part of it. You know, I mean, I know people like the privacy of a solid fence, but I just think the safety of people In that I'd love to see people use this, walk in there and be a great walking area for that part of the city, but, but I want them to feel safe.

So how many comments did you have about fence, about the fence and being solid or see-through?

I'm sorry, what was your question?

How many comments did we have?

Total comments, how many? I don't recall how many.

On the see-through fence or the We actually have a slide on that. Okay, we'll get to that in just a second.

So you're suggesting also the non-obscuring fence along the north side of the property along 4th South, is that—

Absolutely.

Okay.

Okay.

I—

we were not planning to put a fence on the north side, but if, if that's something the council wants, we can look into that.

Or not.

Yeah, either something you can see through or not. I'm right, Ryan. I'm happy with a knot. I just— okay, I just want people— I want to be able to see what's going on.

I think you need a fence on the north side.

In design, current design is that there is no fence on the north side and that the sidewalk that currently goes along 4th South actually set back a little ways off the roadway so that those walking that path will be a little bit further away from the motoring traffic.

I like that. It's great.

I think you need a fence to control people within there so it does not become a hazard out into the traffic.

So obviously you'll get more opinions on this, but I've not seen another park where you put a fence between the sidewalk and this, and I would like it to be inviting. So I would disagree with the mayor on this. I think we'd want no fence and have people come into the park, more of an open type.

Maybe to clarify a little bit, I think when we usually have sports going on with balls like Out behind the building here, we have a fence along the sidewalk, but like Lakeside Sports Park does not have a fence along the trail that goes around the perimeter of the park out along the road.

Our park here, we have a fence.

Correct, because we have baseballs coming off those fields usually, or kids running, you know, where this is more of a passive park with a walking path. That's going to be most of your activity. So just some feedback there.

Any other thoughts on this particular slide? The walking trail— the public has asked for a trail surface that is softer and easier on joints for joggers rather than concrete, so staff recommends that we place the— that trail around the perimeter of the tank with asphalt. Um, this is, uh, this particular drawing here depicts the, um, the fence that we have actually been talking about. Many of the neighbors requested that a new solid fence along the exterior property, so along that south portion of the property, along the west portion of the property. Um, as I mentioned a few moments ago, we by virtue of our agreement with Mr. Farley, are obligated to put a solid fence between the city's property on the west and north. We recently received 3 proposals, cost proposals on that. And of the 3 vendors, the average cost was $160 a foot.

So this is around Farley's property, not around—

No, this yellow line that you see on the drawing is actually around our property on the south portion.

And that's what Farley wants.

But Farley, we've agreed with Farley that we would put a concrete or a solid fence around his westerly property line and northern property line. And the concrete bids, as I stated, come in at about $160 a foot. That is, oh, that is probably 4 times the cost of this that has been in recent years, quite honestly. It's just amazing.

One thing I might want to caution or maybe let you know is we watched the price of lumber go up 3 to 4 times. And then after about 3 or 4 months, it came back down closer to what it was. And we're seeing steel go up And they're expecting that to come back down. We're seeing the same thing in concrete. So I wouldn't take your pricing right now as your base price. I would give it at least a quarter, at least 3 or 4 months before you start to worry about the real price. Because these things are fluctuating. And you've got to be smart and wise about when you buy. You don't want to buy at the high.

Yes.

Is there a timeline of when we have to have that fence built?

Around the property of Farley, we agreed to have that fence up before excavation started. So soon.

We—

I will add though that Sam Kelly, our city engineer, has been talking to Mr. Farley about an alternative material similar to a Cemtek fence, and he just emailed us. He's out for the week, but Mr. Farley got in contact with him and he's willing to consider an alternative material, which Simtek could save us a lot of money.

Would be great. And you can tell Mr. Farley to take a baseball bat with a ball and hit it into the Simtek fence and nothing will happen.

Yeah, they're good strong fences, no question.

Sounds like we have a chance, so that's good.

So considering the current prices of the concrete fence, where you see that yellow line around the perimeter on the south and west, about 750 feet, we're exceeding $120 grand.

For just that particular fence.

Like you say, watch the prices.

Well, availability, availability of commodities is a challenge right now as well. So you can see on the upper left of your screen there the design, the barn-style design, and then the lower right-hand corner, the train station design. Public comments were that they liked the color of the train station. And so as staff, we recommend that the barn— the barn be the pump station with the color of the train— the barn be the pump station with the color that's associated there with the train station.

Again, you don't need 100 opinions. I like the looks of the train station better, but since this is a heritage, you know, heritage park that had been an orchard, the barn probably makes more sense than a train station. There haven't been a lot of trains running through there, so—

It certainly fits more with the heritage of Orem, doesn't it, the barn?

And I would agree with Tom. The color, the design, everything about the one on the top left looks like the heritage of Orem rather than the one on the right. One on the right reminds me of a railroad station that got left behind many years ago and is now rotting.

And we didn't receive a consensus from the public. It was a mix, you know, either or, as long as it wasn't that red color. That seemed to be the thing they focused on.

So what I'm hearing you say is that you'll go with the recommendation of the barn with the natural color of the train station. We're good to go.

Perfect.

Just so the council's aware too, in that barn structure we would build in some restrooms, and so it would serve as obviously a pump house, but it also would serve as a, as a way station, a maintenance building, as well as a restroom facility.

So I'd like to share with you the recommendation of NRSC. The Natural Resources Stewardship Committee recommends to the City Council that the Orem Heritage Park, also referred to as the Water Tank Park, be developed approximately at 400 South, 400 West, be designed with water-wise and local scape principles. Additionally, we recommend an educational component be included with the park design through signage and physical examples that support these concepts. However, we do not recommend that the park be developed as a demonstration conservation garden. Any thoughts on that? Moving? Yes.

Since I'm in charge of—

I'm—

that's my assignment with the council to be on that committee. We did look at Sago Lily, and they really loved the educational components of that particular park, and they loved the idea of educating people. So I think, um, I don't know if it needs to be exactly like Sago Lily, but there were components that I think they really liked— signage, you know, how you use things, and then just the, the teaching ability of water cycle and, and low-water plants. And we used to call it xeriscaping. Now we call it local scaping. And so just talking about those elements with the idea of teaching people about them. So that, that was their goal, without having, you know, this is a certain kind of grass and this is a certain kind of grass, you should use this one. I don't think they wanted to go that in-depth, but what we did have, they wanted to have signage or a poster, you know, on them— not a poster, what do you call it— a display of different principles that would be good to teach children. on how to conserve, you know, water and how to maintain low-water plants. So that was kind of their thinking— educational but not, not overly demonstrative.

Go ahead.

Any concerns with— we'd been talking about drought-tolerant plantings as well on top of the tank, but also with fruit trees and whatnot. Any concerns with Going forward with that suggestion with Localscape. Okay, thank you.

With the plantings on top of the reservoir or the tank, we would probably need to install a drip system, drip irrigation system, just to get the plants going, and then hopefully Mother Nature can take care of the rest with precipitation. So next steps moving forward, we're currently evaluating bids to construct the wall along the Farley property. Bowen Collins and Associates is moving forward with the tank design, which is currently less than 10% complete. Much of their time to this point has been working through the site issues. EPIC Engineering is moving forward with the pump station design, awaiting a decision from the city on which building design to go with, and it sounds to me like we're going with a barn. OK. Hansen Allen Lewis is nearing completion of the well design, and well drilling could begin within the next 6 months, depending on how quickly water rights change application is approved through the Division of Water Rights. Prequalification of tank contractors are our next thing that we need to work on, and I would anticipate that in the next couple of weeks we'll have that under control.

So I've got a question on the, on the drilling part.

Yeah.

Is that, is that going to impact any of the neighbors? I mean, what—

I've never—

so what happens?

And Lane can speak to it, but part of the, part of the bid and the contractor process would be to set up noise mitigation efforts to make sure that obviously there'll be, there'll be sounds, but we're going to do our best and the contractor is going to do their best to mitigate those sounds. With blankets and things like that.

Yeah, they actually have sound barriers they put around wells that are being drilled. And, you know, you can see it over in Vineyard and other places.

So yeah, I was going to mention, Mayor, if you want to see one of those right there on 400 North Geneva Road, just south of 400 North, you've got some sound walls up. Central Utah is drilling a well there currently. Very tall walls.

And they'll run how many I mean, they'll run 30, 40 feet into the air.

Oh yeah, this one here is 30 feet in the air.

Yeah, yeah.

And, and to answer your question also, it depends on the drilling process that we go through. I would anticipate that we will go through and use a rotary drill on this particular well because the proximity next to homes and so forth. It's a much quicker process of drilling the well And it's a much quieter process. The other option is a cable tool, which is virtually and literally pounding of rocks and bailing it out and pounding and pounding the casing in. And it's quite a lengthy process, very noisy process.

And you'll, you'll also be vibrating grandma's dishes that she has up on the wall and watching them fall off and break on the floor.

Yep, been there, done that. We've drilled a few wells with cable tool. And lastly, construction on the tank to start in the spring, and that is the spring of 2022, not '23. Questions, Ryan?

And then is it a 2-year process, if I remember correctly? What's our— what's our build-out?

Well, when we get started, It's at least 2 years, 2 to 2.5 years to build the reservoir.

Sounds good.

Yeah.

Thank you.

All right, thank you, thank you, appreciate it. Jamie, one quick question for you on Hillcrest Park. What are your thoughts as to when we would start construction there? Would that be the spring? Would that be— I know there's a lot more work that has to be done.

So Bryn can speak to that. Better than I can, but right now we're right at the point of awarding a contract for architectural design, and then we will go out to bid for a contractor in cooperation with the architect. So I would imagine midsummer.

You have to turn it on.

Sorry about that.

Yeah, we are aiming for the spring, essentially. So We're, we're following the same process we took for our fitness center, and we'll enter into a CMGC process will be the next step.

And then, I mean, actual start of construction, are you talking spring or midsummer?

Well, so once we get a contractor on board, he'll be able to confirm, but what we're aiming for is as soon as the spring. But it may be more realistic to say to be in Into the summer.

Yeah, but keeping our goals high so that we're pushing forward quickly.

Okay. All right, thank you. All right, let's go ahead next to our next discussion, which is a code amendment discussion for massage parlors establishments, and Steve Earl is our presenter.

Good afternoon, Mayor, City Council. Bringing before you a draft of a a new proposed ordinance regulating massage establishments. Basically, this is intended to address problems that we and other cities have encountered in some situations with massage parlors sometimes acting as a front for human trafficking and prostitution. So basically what this is doing is trying to create a tool for law enforcement to crack down on these types of bad actor establishments, if you will. Of course, there are many, many very legitimate and good massage establishments in the city, and of course we don't want to overly burden them, but we do want to be able to enforce violations of the law that may be occurring out there. So what this does basically establishes a licensing requirement for somebody who wants to open a massage establishment. They have to meet certain requirements, including getting a background check. Not having any prior felonies or violations of the law involving moral turpitude, that sort of a thing, before they can be granted a license. Then it also specifically makes illegal certain things, some of which are already in state law, but those include not allowing any person to give a massage or to offer to provide a massage without being properly licensed. properly licensed by the state, prohibiting essentially performing of any sexual act while they're on the premises of a massage establishment. And really, the tool for law enforcement is that if a law— upon the request of law enforcement or code enforcement official, they are required to provide proof of their licensing as a massage therapist, as well as their photo identification. So that law enforcement can go in, determine if the people who are performing massages are properly licensed by the state. And of course, if you know somebody offers to perform a sexual act kind of a thing, they can be found in violation. Then it, it also provides for the revocation or suspension of any massage establishment business license if you got a violation of this chapter. Or this, this new proposed ordinance. One of the concerns that has come up is the concern that somebody might be in violation, they might get their license suspended, and then they just transfer ownership to their friend or their cousin or, you know, whoever. And it just kind of goes on, and they come in and get a license, and it just kind of goes on its merry way. So we've included a provision in here that essentially allows for not only revocation of a license but inability to get a new license at that same location for a year if, if there have been 3 violations within a 12-month period. So hopefully, again, if this— if you've got a real problem establishment that is engaged in illicit or unlawful behavior, this will be a way to prevent them from just transferring the ownership to somebody else and continuing on at the same location.

I have a question. What if they change locations to operate? Is that, is that something we consider?

Yeah, so, so if somebody who was the, the owner or the, the person that got the license and they had an establishment that had these violations, they would not then be eligible to get a new license, even at another location.

Okay.

So that, that's essentially the proposal that we'll be bringing forward to you. Be happy to answer any questions if you have any.

So I have a question. We've seen a recent enforcement lockdown on massage parlors, particularly where they've done human trafficking. And it's been a major problem. Is this going to help us in our quest to have proper massage parlors here in the city?

That is certainly the goal. Yeah, that's the intent. We think it will. This gives us some tools that we don't currently have right now in terms of enforcement. So we do think this will be very beneficial. Of course, you know, we always have the opportunity to tweak it if we find out in the course of enforcement activity that the changes are needed or we need to do things differently. But we think this is a good way to start.

Okay, good. Any questions?

Yeah, I do, Steve. So I've got a friend who's involved in law enforcement. This, this is a really nasty one because you hate to send an undercover officer in and have to experience some of the garbage that's going on. So, but a couple comments with this. Can we have random visits from the city to check licensing without having to have an appointment to walk in? Obviously, if you have an appointment, you're going to clear out the girls or guys that aren't licensed?

And yeah, I mean, I don't think it's in this section, but our general business license ordinance says that the police officers can go on the premises of any business and ask for proof of licensing at any time.

Okay, thank you. So another follow-up on that, you know, when we were dealing with the vaping, and in the city we changed the number of vaping storage you could have since we were the vaping capital of Utah County, it sounded like at one time. Now when we drive up and down State Street, it feels like we're the massage parlor capital of Utah County. I mean, all up and down the street. And some of these are so sleazy looking. I mean, they haven't weeded— I mean, there's weeds growing everywhere and crooked signs saying massages. So is there a possibility— why don't, why don't we change the number? I mean, you don't want to hurt a place like Massage Envy. That's a legitimate national chain or other legitimate companies, but couldn't— could we number the number of massage parlors we allow in the city?

You could.

You know, where we've done that in the past, say with check cashing businesses, vaping shops, you know, those have been businesses that have sort of been deemed to be by many inherently undesirable, if you will. I'm not sure that's really true of massage establishments. Generally, because like I said, there are probably most of the ones out there are legitimate and they provide, you know, a good and a valuable service. But there are certainly a few out there that, that are, uh, you know, causing the problems out there. So I think the hope is that we can, you know, with these tools, we can weed out those bad ones and, um, you know, and not, um, you know, maybe cast that same shadow over all of the massage establishments that are out there.

No, that—

well, here's what—

here's my— what I'm wondering. You tell me if we need to do this. But so we have X number now, and, and so we say we're gonna only have this number, uh, but everybody's grandfathered in currently. But then if you're not compliant with, with current city licenses, or if you get in violation with some of the things you're saying, then we'd be able to reduce the number. So, and what it really does, it starts eliminating those that aren't in compliance. And the ones that are in compliance are fine. They were— they're still here.

Yeah, it would do that. The problem is, if you had a legitimate massage establishment that wanted to come into the city, then they wouldn't be able to. Yeah, I mean, so I guess that's, you know, something for the council to weigh.

So sometimes with chiropractic work, there's also a component of massage that enhances the chiropractic work and other medical practices. And so I think, you know, that could be limiting to their the care that they're able to give to their patients in those situations as well, if we, if we limited that.

Yeah, we've just had a new chiropractic service open up, up on the north side by Northgate, and they offer massage services.

Yeah, I mean, obviously massages are used, you know, pretty widespread. I mean, there's a physical therapy place that I've gone to where they also, you know, offer massage as part of the physical therapy. And of course, that's a very common use for it. And that's why I say, unlike some of the other businesses where we, we put a limit on the number, I don't think massage is really, you know, something that most people would characterize as inherently undesirable.

The only thing is, if you ask the chief right now, where are they, he can give you— he can tell you all the ones in the city that, that are not physical therapies.

Oh, absolutely. Yeah, nobody's denying that there are some bad actors out there. And we certainly are trying to Crack down on those.

That's the whole purpose of this.

But I'm, you know, my suggestion would be let's see how this goes. You know, if you want to consider putting a limit on them overall, then, you know, maybe, maybe that's something that could be considered later on. But that, again, that's obviously at your discretion.

Okay.

All right, any other questions? Okay, well, thank you, Steve. We appreciate it very much. We're now going to go ahead and break for a meal, and then I'd like to have us back here no later than 25 after to go over our agenda. So Debbie, could you give us a prayer over the meal?

Sure. Our Heavenly Father, thank you for the opportunity we have to gather and to enjoy a meal together. So we bless the meal to nourishment and strengthen our bodies and to provide wisdom and strength for us and Thank you for the opportunity we have to serve into this community, and we are appreciative of those who lead and guide, and, and also the, the Constitution of our great country that provides a great framework for us to also govern with. And we appreciate this and ask many favors and blessings in thy holy name of Jesus Christ.

Amen.

Amen. So we'll start back up the rest of our work session at 25 after.

We were able to notice all those.

They came out.

He'll be here to discuss that and the parking issues that they had. They've built a temporary 40-stall in addition to adding some additional permanent parking in the back, so they've I'll have some pictures to show what it was this morning at 9:30. They were all legally parked. There was none on the west.

Yeah, that's turning out really well.

So I think they're making progress, but he'll be here to discuss that.

And that's strictly all we're working on is the parking side of that.

So this will be the amendment to the appendix to shift that Area B so we can have a bigger commercial pad tonight.

Okay, for the grocery store.

Correct.

So No, you go ahead and ask Jason.

So I'm still not really clear on what we're doing. Tell us, tell me what we're doing.

So there's a couple minor amendments. The ordinance currently allows for senior housing. They're wanting to eliminate that as an option so they can focus on the C-2 area of that corner, 2000 South Geneva Road. So there's a couple minor amendments that we'll show you. The major issue is to— and the major thing they're proposing is to do 2 concept plans. that show a grocery store, a smaller concept with some retail that would be adjacent to Geneva Road, or one that has a larger grocery store that would not have buildings next to Geneva. And that's what they're really after tonight, is to, to amend the concept within the PD zone to allow that area to expand a little bit and shift some of the units to the east, which— or to the west, excuse me— which will be the smaller units that have 2-car garages. And the, the units that they're having issues with are the ones that are closer to Geneva Road. They're going to shift some, make a different style, which they have not had issues with those types of units. So the main purpose tonight is to amend the concept plan to allow them a larger commercial pad site.

Basically, we're gonna make a larger grocery store, and then we're going to do what else?

So there's 2 options. One, they want to have diversity, whether or not they choose to do a retail strip mall with a smaller grocery store, or just a larger grocery store. Those are the two options.

And then the parking you're talking about is for—

So the issues we had last time was the fact that there was a lot of issues with parking on Geneva Road. Yeah, they've implemented a parking program that basically every owner within there has to write down which their license plates of the vehicle so they can keep track of who's parking there so that they have a somebody that's parking illegally, they can pinpoint it to that unit. If it's not part of the complex, then they have the ability to tow it. So that was kind of the sub-issue of what we're dealing with. Parking is not what we're dealing with tonight. It was just something that—

that's what's going to be part of the issue. Okay, so the parking, we're not doing anything about. This doesn't change the parking. This is the grocery store. Yeah, the size of a retail.

Correct. The units currently require 2.5 per unit.

And the proposed zone change Would, would work for either one of their options that they're looking at.

Yeah, well, they want to add both options to the appendix so they can, if they decide on—

They're not making— there's not a decision to be made on that tonight. We're just making it so that they can make that decision down the road.

So they're going after multiple grocery options. And so if one decides, like a Dan's or whatever decides to go there, they could. If a smaller, you know, neighborhood market wants to come instead, they will have that flexibility to do one or the other.

Yeah, and that, that road isn't complete, correct?

2000 South is not going to be complete until— and that pad's probably not going to be developed until that access goes out to 2000. So there are some stipulations. So the property that owned the horse property, I mean, she obviously still owns it, still has the ability to sell or not sell. Provo is coming from the west going east, but they're only going to get a portion of that developed until she decides to So there are still some things in the works. Yeah.

And also UDOT is putting in a stoplight there as well, with the gas station going in across the street, correct, that we had approved previously.

Right.

So there's a lot happening there. And Geneva Road is going to be redone to 5 lanes at 18th South and going north. So that's going to be a very busy area. Come the next 2 to 3 years. Yeah, with all the construction.

Potentially, yep.

Okay.

All right, the next one is a resolution authorizing the mayor to execute a franchise agreement between the city and Rocky Mountain Power. Steve Earl, do you want to— wherever you're at, you want to mention that?

Yeah, so as the agenda summary indicated, we have an existing franchise agreement with Rocky Mountain Power that expires in just over a week, I guess. So this is the, the new franchise that will take its place. For those of you who may not be familiar with the term, a franchise agreement is just simply an agreement between a municipality and a utility provider to use the public rights of way, streets mainly, for installation of their facilities to provide a public utility service. So This proposed agreement just sets forth the terms and conditions under which Rocky Mountain Power would be allowed to continue using the city's public right-of-way.

Is there much change?

Yeah, there's quite a bit of change. I mean, frankly, the last franchise was— I can't remember— 30 years ago, something like that. It was pretty bare bones. And so we have taken basically Rocky Mountain Power submitted their proposed franchise agreement, and then I've modified it quite extensively. And so that's kind of where we are. I mean, like I said, back in the day when they did these, they didn't really put a lot of details in, if you will.

So, dotting more i's and crossing more t's.

Yeah, it's more than that. It's just where the— sorry. I've got a frog in my throat. I think, what are we looking at, 4, 5, 6, you know, 6 and a quarter pages. The original one might have been a page and a quarter or something like that.

And you haven't noticed anything that's a problem or concerning to the city?

No, I mean, I've gone through it quite extensively. And, you know, I've done a number of different franchise agreements. And I looked at the similar franchise agreements that have been done with Rocky Mountain Power and several other cities. And, you know, yeah, I feel, I feel quite good about this.

Well, I feel good having you read through that, confident that you are in charge and know what you're doing with that.

Yeah, there may—

may I just make a note that Mr. Michael Lane from Rocky Mountain Power is here to represent the interests of Rocky Mountain Power.

Would you like to come up and say anything?

That—

Michael Lang with Rocky Mountain Power. I just would like to thank the council and the mayor and the city staff for your assistance in helping us to draft and come to an agreement. It's a privilege and an honor for us to be able to work with— as a partner and, and to serve the citizens in the community of Orem. We try to be good community partners. We own quite a bit of land within the city. In terms of where most of our assets— we prefer to have them on private property or to obtain private easements, but in certain circumstances it's necessary to have equipment either for the public purposes out in the right-of-way, or if it serves more than one particular private—

property.

development and is for the benefit of the, of the greater community, then sometimes those assets are located out in a public way. And that's really what the franchise allows us to do, is to work in partnership with the city, in cooperation with the staff and planning department, to allocate those and locate those resources in such a way that it continues to benefit the public without becoming an encumbrance or otherwise you know, prohibiting use of the public way in any way. And one of the things that the franchise does, and that Steve was very good at articulating in the, in the agreement, is to make sure that provisions are there so that the allocation for the cost is appropriately set aside, and that anything that just benefits one particular customer would be paid for by that customer. And The rest of that, of course, would be paid for by the company, which in turn shares that cost with all of the other ratepayers. But mainly just would like to thank you as a city for your continued opportunity that you provide us to serve the community, and we do deem it an honor and responsibility that we take very seriously.

So it looks like your expansion of The major power line along 1600 North is now complete, is that correct?

Yes, with the exception of removing some of the older poles that were topped off. Yeah, our assets have been removed. There's still some joint use. I just drove along it today to make sure, and there are still some joint use utilities from other companies that are still located there. Until those are removed, we can't remove those structures, but we will come back and remove those as timely as we can.

Okay, well, great. We appreciate our partnership with you and the service you give to our customers.

Thank you.

Mayor, may I just make a note?

Sure.

I want to say thank you to Michael. They, they truly are a good partner with the city, whether it's a discussion about renewable energy or dealing with emergency power outages, or most recently they have become supporters of the city's Lights On program that we will, we will have an opportunity to invite the community to on November 22nd. They are always a valued partner, and I just want to say thank you to Michael for your efforts.

Appreciate that.

We're also just— I'm not sure how much the council and the mayor have been brought up to date in terms of the WattSmart community program that we're participating with in the city, but That the ongoing efforts of that will continue to save the city.

We are officially adjourned.

Thank you.

Council meeting this evening and would like to call this meeting to order. We'd ask that everyone please take a seat and that all discussions stop so that we can start this meeting in order and have quiet. We'd like to start with a prayer to be given by Brent Sumner and the Pledge of Allegiance to be given by Michelle Jensen. Brent, we'll go ahead and start with you.

Our kind Eternal Heavenly Father, we're indeed grateful for the opportunity to meet tonight as City Council and citizens of Orem, and we ask thee to bless us tonight that we may be able to— on the decisions, we may be able to benefit the community members and make Orem a great place and a greater place to live and Father, we thank thee for thy Spirit, and please be with us tonight. In the name of Jesus Christ, amen.

Amen.

And Michelle, if you're here—

okay, audience, please rise.

Please rise.

Sorry, you're gonna have to coach me.

Just go for it. Okay. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you, Brandon. Michelle. I'd like to go over some items if I could. We'd like to start out with the presentation of the Orem Youth Council, and the City Recorder's Office will, will swear in the Youth Council.

Mayor and Council, it is my pleasure today to present to you our Orem Youth Council. We had to suspend the council last year due to COVID. So we were really excited to reconstitute it this year. I will give just a very brief introduction to the Youth Council program, and then we'll have our Youth Council members come up, introduce themselves, and then we'll have the city recorder swear them in. So we had 10 applicants for Youth Council this year, and interestingly, interestingly, all of them were girls. So it's the first time we've ever had a Youth Council made up of all, of all young women. So that should be fun. We have representatives from every single one of our Orem high schools. So we're really excited to— we've met once. They have some fantastic ideas. They had some really great questions. They're all very service-oriented young people, and the legal department is staff support for the Orem Youth Council. We'll be conducting activities usually about once a month, and Councilmember McDonald is our City Council liaison, so we're very excited to work together with him. So if you will come up, ladies, and we will have you introduce yourself and say what school you went to, and then come stand up here and we'll get you sworn in. Yep. I'm Eleanor Cruz and I go to Orem High. I'm Dana Styles, I go to Mountain View. I'm Brinley Stiles. I go to Mountain View. I'm Madeline Wilson. I go to Orem High.

I'm Brynna Frye and I go to Timpanogos. I'm Olivia Washburn and I go to Orem High.

I'm Kate Hill and I go to Orem High.

Raise your right hand and repeat after me.

I, and state your name, do solemnly swear, do solemnly swear, that I will support, obey, and defend, that I will support, obey, and defend the Constitution of the United States, the Constitution of the United States, Constitution of the State of Utah, Constitution of the State of Utah, the laws and Ladies, if you can stay right there.

Hold on.

Come back. All right, we'd like you to turn around, and if you could start this way and shake the hands of all the council members. Welcome.

We appreciate our youth and we appreciate the opportunity they have to serve and be part of our community service here in Orem. We now would like to go ahead and turn some time over to Lenny Lyons for a presentation on the Orem Community Hospital. And Lenny, I have a certificate of recognition I would like to read, so whenever you want that done, you let me know. Maybe when you're through, I can read this and Okay, that'd be great.

Uh, first of all, thank you very much for the opportunity to give us a few minutes to come and present tonight. As most of you are probably aware, 40 years ago, Orem city leadership selected Intermountain Healthcare to build the facility we are now in to focus on maternity services as a hospital for the community. I'd just like to say thank you for the past 40 years for the support that you've given us. And I'd also like to especially thank Mayor Brunstad for his allowing several of your key leaders to participate on our outreach council. Tom McDonald has been fantastic to work with. Kenna Matthews, Gina Bertelsen, and Anneliese Lang. Yeah, has also joined us recently and been fantastic to work with. And it's my understanding that Brent Sumner served on that committee for quite some time as well. So thank you for your service and your time and all of the support you've given us. We really do appreciate it. Our theme for this year has been Here for You from the Very Beginning, and many of you may have seen this billboard on I-15. We, we've kept true to the promise that we would provide maternity services, and we feel like we do that in a very, very efficient and a very good way. And I'll explain a little bit more about that in just a few minutes. But our mission is to help people live the healthiest lives possible. And I've had the opportunity to share with our senior leadership, and I'll share with you, I, I think we have the best Live Well campus in the entire state. It's just, uh, so, so pleasing, uh, whenever I drive into the hospital, see everyone walking around the track around the outside of our campus and the children playing soccer and throwing frisbee. And, uh, when I accepted this position, I drove my wife past the, the hospital and she said it looks like a looks like a park, it's so beautiful. And, and, and we take pride in that. We also have our community garden that I'll speak about also in just a few minutes. Some of the main services that we provide in, in our facility are women's and newborn, as I mentioned. And I think it's worth noting that we're currently ranked in the 99th percentile for those services. People love the LDRP model that we have, kind of the, the one suite Um, deep birth opportunities that we, that we present there. Our emergency department, you may or may not know, but it is staffed by board-certified physicians, the same physicians that work at Utah Valley. And so if you go to either facility, you're going to see the same, same providers. Same-day surgery, do a lot of GYN surgery, orthopedic surgery, ophthalmology, those types of services at our facility. And then our laboratory, It's interesting, we get comments regularly from people that will drive as far as Lehi or Provo to our campus just to have their lab work done. We have a phlebotomist that's a rock star that people swear by, and we'll just come there for those services. We have imaging, MRI.

I have to mute this. I'm supposed to do a— oh, I'm sorry, I'm supposed to do a presentation to the Orem City Council tonight. I'm the chair of the Orem City Arts Council.

I remember that.

So I'm supposed to present to the city.

Sorry, we have the 3D mammography, and it's also currently— we're currently ranked in the 99th percentile for those services as well. Also have pediatric and adult rehabilitation on our campus. It may be worth noting that we are— the pediatric rehabilitation will soon go under the Primary Children's umbrella, which will open up the opportunities for more children to be seen on our campus. So we're excited about that as well. We have nearly 200 caregivers that we employ at our facility, and average length of service for that— those caregivers is 12 years. We have one caregiver, our pharmacist Tom Dockendorf, who has been there for 38 years. So he's been there almost since the facility began, and it's fun for me to sit down with him and, and just get a download of all that's happened over those years. He's, he's got more knowledge than everybody else almost combined. So really fun to visit with him about our hospital.

Before you leave that, Randy, could you report on the woman who's been a volunteer there?

Right here, right here. This is— hey, you, you're, you're right in, right in line. We get this question asked frequently, if, um, is Sarah still there? Sarah's a volunteer at our facility and she is still there going strong. She, she comes very, very early in the morning and stays till about 5 o'clock at night, about 4, 4:30 in the afternoon at least. And she has nearly 35,000 hours that she has volunteered of her service at our facility. So this is a picture of Sarah handing out some treats at our our recent 40-year celebration. Also worth noting is that this next week we will receive the Guardian of Excellence Award from Press Ganey. Again, that's given to hospitals that have very high quality and, and we're currently regularly ranked at least in the 95th percentile or above. We're proud to say that we're one of those facilities, and so we'll be receiving that award We're also one of the leaders in our system of the Stepping Up for Utah Babies, a breastfeeding program that obviously goes hand in hand with our core services. Strive to be here for our community. As COVID hit and we started to see the numbers jump dramatically, we were called upon to almost overnight set up a mobile testing unit. And we did that, and I'd like to recognize Stephen and Pete for their efforts in helping us get the information out almost again overnight to some of the underserved members of our community. And we had thousands that participated in these clinics. And again, just your team working hand in hand with us, we truly do appreciate it. Some of the things we've been working on preventatively are some under mental well-being that we've distributed gun locks, naloxone kits, hosted suicide prevention classes, living well with chronic condition classes. Again, trying to help people live the healthiest lives possible. We'd like to keep them out of the hospital, but when they need those services, we want to be there for them to provide those services. As you know, we really look forward to our Harvest Fall Festival, and we have thousands of people that show up for this. We felt a little bit bad that we weren't able to do that this year because of COVID So Laura, Stephen, and Pete and I, we sat down and tried to come up with ways that we could make that work. And rather than people coming to the Fall Harvest Festival, we decided to take it to some of the people that typically come to that. And you can see some pictures here. These are pictures of Stephen and Pete came and helped us set this up at some of the Title I elementary schools in Orem, where we, instead of them coming to get pumpkins from us, we took them to the schools and also did some screening examinations for— at the fall carnivals at those schools for the adults. So we tried to make the best of the situation that we've been handed this year. And really, again, appreciate the, the help of the city with that. In conjunction with that, Laura sitting here next to me deserves all the credit. She designed this healthy habit tracker for children to try to get them to watch less television, less screen time, exercise more, eat better. And, and if they participate, we took these to the parent-teacher conference is where we gave out the, the pumpkins. And if the children will participate in these for 2 weeks, they can turn it back into the school or to our campus there and drop those off. And then we'll give— do drawings for 40 winners to celebrate our 40 years, with the grand prize, the best prize being the yearly pass to the Orem Rec Center for the student and their family. So Really excited about that. We strive to continually improve. I've mentioned that we— our scores have been very, very high in most of our categories, but we're always looking for ways to improve. Just recently this month, we actually instituted what we call Hospital at Home. It's a program that is designed to— if a patient comes through our emergency department and, and may need to be admitted to a hospital depending upon their diagnoses, they may be able to be discharged to home and treated in their own home with visits from doctors via telehealth and nurses that come around to their home to take care of them. It's been an overwhelming success. People would much rather stay in their home for those services if they can, rather than be in a hospital where they can sleep better at home. We've instituted some Telestroke telebehavioral health programs that have been very beneficial in our emergency department. We're replacing our older MRI machine with a leading-edge wide-bore machine. That will be happening probably beginning the latter part of this year or early next year. Doing some— our facility is getting a little bit older where it's been 40 years, and we're doing some refreshes and updates to keep that functioning long-term for the community. And I thought I'd mention that we're right now just started a xeriscape conversion that will save us a bunch of water. This past year with the drought, we tried to be good stewards and back down our watering, and our, our grass turned yellow in some areas, but we felt it was the right thing to do. But we also came up with the idea that there's some areas that we felt we could do some xeriscaping in. that would still allow open space where children could play and run around and not interrupt that, but would reduce the amount of water that we use and trying to be good stewards in that way. I mentioned our community garden. We have 44 plots there that are available. Those welcome the community. We open that up for applications in the spring and then choose 44 recipients to use those. It's been really fun for us to watch the community. We've had actually multiple communities have came to this, to our garden. And when I was working in Delta and Fillmore before here, we— I heard about it, came up, and we instituted it down there in Fillmore. Vineyard found out about it and they wanted to do something similar. It's really a neat thing for the community to not only get out and grow some fruits and vegetables but opportunities for people to associate with their neighbors. And, and we found that those who participate obviously eat more fruits and vegetables, but are also buying less processed foods and are participating at least once a week walking around the track. So again, just our, our Live Well campus that we feel we have the best in the, in the state. And really, more than anything, my reason for coming tonight was I just really wanted to thank you. I'm relatively new here. I've been here for just a couple of years, and I feel like the entire Orem city leadership has just been so welcoming to me. And I know that over the 40 years that they've treated everybody that way in our facility, and I just really enjoy working with all of you and just want to say thank you for, for all your support.

Well, thank you, Lenny. We appreciate it. And, uh, 40 years of a great partnership means a lot, and your hospital brings a lot to our community. So we thank you and Laura and everyone else there involved.

Thank you.

Can we give a round of applause for Intermountain Hospital?

There's, there's also some treats in the back, so first come, first served.

Sure, there are treats in the back when you leave, and, and have at them. We have a certificate of recognition that we would like to read, and then I would like to come forward with you and get some pictures. It says, whereas the City of Orem wants to recognize and thank the Orem Community Hospital for their contributions and service to the community for over 40 years, and whereas we recognize Orem Community Hospital for being a cornerstone to the city, providing care and peace of mind to residents since opening as a maternity hospital in 1981. And whereas we thank Orem Community Hospital for generously hosting the annual Orem Harvest Festival and sponsoring many events, city events, that enrich the lives of citizens within our city. And whereas we commend Orem Community Hospital for excelling in labor, delivery, and other needed services to the community, such as providing mobile COVID-19 testing in Orem's most at-risk neighborhoods. Now therefore, I, Richard F. Brunson Jr., Mayor of the City of Orem, Utah, do hereby recognize and thank the Orem Community Hospital for their 40th anniversary of service. Again, can we give them a round of applause?

Thank you.

Thank you again, Orem Community Hospital. We'd now like to go to a report on our Orem Arts Council annual report and Barry Merrill is joining us by Zoom. Okay, great. So we'll have Char and Barry.

I just want to express my appreciation to Mr. Merrill and members of the Orem Arts Council, Debbie Larray, for being our council liaison. We've had an up and down year, of course, with COVID but everybody's done a great deal of work to continue to make good opportunities happen.

Go ahead, Barry. We'll turn some time to you.

Hello, I appreciate the opportunity. Let me see if I can share a screen here. Uh, that one.

There we go.

Okay, I appreciate the opportunity to share a little bit about some of the activities of the Arts Council from this last year and some of our ongoing projects. As members of the Arts Council, I am currently serving as the chair. Our members on the Arts Council: David Blackington, Nathan Christiansen, Cindy Clark, Cody Clark, Bart Francis, Cody Hale, who, you know, a permanent member from the Hale Center Theater, Kate Monson, Nancy Peterson, Adam Robertson from the Sierra. And of course, we have Debbie LeRae, our liaison from City Council. And of course, the City Arts Council wouldn't run without Charlene Crozier, so we appreciate all that she does for us. Some of the things that happened this last year, we had the Arts Council had the opportunity to organize Talent for the Stage during Summerfest, and we had some of the entertainers included Sarah's Acting Up, Charlie Jensen, Connor Falcon, Grupo Folklórico Tolan, and the Goodfellas. We had a lot of fun and the acts were very well received. A few pictures of them there. We had some good crowds and, and it was good weather, and so we appreciate being able to do that each year. After the Summerfest, we put together the Summer Concert Series on the stage. We had a great season, concert, the outdoor stage at the City Center Park. The concerts ran from July 12th through August 9th. One was postponed because of all the nice smoke we got from California. We also had to move one into the stage in the library hall because of the weather, and we're grateful to have that facility there available for those types of things. We had a great selection of artists featuring a wide variety of music and dance. Here are some of the groups that we had in our concert series. We had Beady Howell's Band, they were rock, Wasatch Show Band, Motown, pop and soul, Dave and Carl, country and folk, Lindy and the Hops, which is always fun with the big band, The Real Doug Lane, Americana and country, the Ballet Folklórico Quetzalcoatl de Utah, which is traditional Mexican dance music. They brought a lot of color and dance and fun. At the end, the Come Together Rock Festival is considered the final act of the summer series. It used to be the Geyser Fest, but that's not under our control. So here's some, some of the pictures from the stage and also the library hall. and some of the things that we were able to do there, which was a lot of fun, had a lot of great participation in those. Some of our ongoing projects we have is the utility box art. We might have seen around the city, we have 3 or 4 boxes that have been wrapped. We appreciate the City Council for allocating CARE funding for this product, which we're able to take art from local artists and print out a wrap and wrap it around boxes. So these are done in the Arts District, and so we're also working with other agencies to be able to maybe sponsor some of these boxes, and we're also working with Utopia and, and some of the utilities to see if we can use their boxes in the future. So additionally, Nate Prescott, who's an artist as well as part of the city economic development team, is creating a website that will serve as a landing zone for all things related to the boxes. This includes template that allows artists to submit their designs to see how the art would look, so they, they can— we can have a box, a fake box up there, and they can put their art to see how it would look on the box. And so a call for artist submissions will be open soon, and we've— we're looking forward to that. Cassandra Barney, who serves on the Arts Council, recently submitted some pieces that we can use as a companion piece to the, the box next to her existing art at the Sarah Park, which you see here. This picture, it's just east of the Sarah Shell on 4th East there. So, we're looking forward to that. An upcoming project we have is a creative aging grant. So, the Arts Council staff has received training to apply for the—

gotta go back.

applies a grant to assist seniors in acquiring new skills and participating in art opportunities as part of the Creating Aging grant sponsored by the state of Utah. We're developing our grant application now. If we get funded, the grant would allow us to offer, offer a multi-part for seniors to explore new art forms and acquire new skills. We're working with the Wajina Bertelsen, Program Manager of the Orem Senior Friendship Center, to develop the program. Work nicely with the annual Brilliant University. So we're looking forward to see if we can get funded for that. One of our ongoing projects is the Orem, uh, return of the Orem Stories. And Orem Stories is an annual initiative that we work with students to help them learn more about portrait work. We encourage Orem students to create a portrait of someone who is meaningful in their lives and has some sort of a link to Orem City. It was a few years ago that we actually— somebody did one on Mayor Brunst. Portraits have been displayed at the Orem Library. We're not able to host the Orem Stories project this last year, of course, because of COVID but Our Arts Council member Cindy Clark is reaching out to schools to bring back this activity back to the classrooms this year, and we desire to collect student work and display it in the library wing, children's library wing, for everybody to see. And we're hoping that'll happen by December. So that's, that's a fun activity that we get to do, and we hope to get a lot of youth involved in that. We'd just like to appreciate all the support that we get from the City Council and, and, and Debbie Luray support the Arts Council and our ongoing things, and we just appreciate that we— everything we get from there. So that's our report from this year. Thank you.

All right, Barry, that was a wonderful report, and it's pretty amazing some of the things that you're doing. I've seen the boxes around the city. and like the art there and the concerts there in the park and also at our new library hall. We appreciate that effort, and a lot of good things are happening. So thank you very much. Can we give a round of applause for our Arts Council? You bet. Debbie would like to make a mention.

I just would want to say thank you, Barry, to your great leaders and to those who are on the council. These are some of the finest artists, musicians, theater people. This community is full of talented, amazing, and all of them add a richness to our art in this community. So thank you, and it's a privilege to work with you. So thank you, Barry.

Thank you, Charlene.

All right, well, thank you, and thank you to Char and for the good work you're doing. Let's go ahead and move on to another report from our Recreation Advisory Commission. And we have Bryce Merrill, our Recreation Director, and Skip McWhorter, our Recreation Advisory Chair, here to make a report. If you could both turn on your microphones where it shows green.

There we go. Mayor and City Council, thank you for the opportunity to meet with y'all this evening.

We were excited.

It has been an incredible year for our department.

The number of changes, the growth, the, the return to a lot of our services this year has been a really exciting opportunity. So we've got Skip McCorder here, who is our Commission Chair, and I'll turn it over to him to cover some of those highlights.

Thanks, Bryce. Mayor Brunson, City Council, city staff, and certainly citizens of Orem, grateful to take a few minutes just to give you an update on where things are at and the efforts that have gone into recreational use in the city. First of all, a huge thank you to Bryce and his staff coming on new, and all of the workload that's been in their lap has been— they've done a phenomenal job. Dave Spencer is our council rep who has worked tirelessly with us. We appreciate his help and direction. Let's, let's step into—

So did you want to have Carol, and did I see Russ? And you guys want to come up?

If they're here, come on up.

Carol, you can take 10, Carol.

Well, now that you're here, we'll take a half hour.

Did I miss anybody? I think that's—

So we'll start with the, with the fitness center, because that's been kind of the highlight of a lot of great things going on in the city. Earlier, when Councilman Davidson was talking about the report, the award that we received, the city, for construction, that was around the design and construction of the building, and well deserved. We also received the 2021 URPA, which is Utah Recreation and Parks Association Facility of the Year Award for— this is about the space, the usage, the programming, and how it operates. We had some stiff competition. Draper City has a brand new rec center, Kern City, but Orem was the one that won the award this year. Also, the Net Promoter Score, which, which is a survey that evaluates what the citizens think of the rec center and its usage, Got really high marks from residents with their satisfaction. A few numbers to keep in mind: the last time the number was officially checked was about mid-September. We had 19,500 members. We think it's well over 20,000 now, but we don't have that exact number today. But to give you a comparison, uh, we were 10,000 to 12,000 previously. So to double in almost 6 months is phenomenal, and I think it speaks a lot to The vision and leadership of what the council and the mayor and the staff have accomplished with the new rec center. That growth also means increased revenue, and that also then adds to the opportunity for operational efficiencies, growth of programs, and things like that to benefit the city. We can, we can speak for just a few minutes about priorities related to the fitness center. This period of time for the first year when everything's under the contractor's warranty is a great time to evaluate how all the systems are working. You know, if a boiler doesn't work and the pool's not warm, there's a lot of folks that are upset about that. When it— we've had a lot of rainstorms lately, great time to find out the integrity of the roof and work through some of those issues. And Bryce and his team have done a great job working with our contractor and making sure the building is is as perfect as it can be. The fitness equipment, it's interesting that nowadays you can track all the usage on every piece of equipment. And Bryce and his team measure that closely. So you find out what machines are used the most and when they're used. We have enough equipment right now the way it's set up for 11 o'clock and 3 o'clock. We don't have quite enough equipment at 6 AM and 6 PM when Everybody in the city wants to get their workout. So as they monitor the equipment that's used and the time it's used, that helps create programs and maximize the opportunity of usage, when to add in more equipment and what kind to add when it's, when it's needed.

Skip, maybe I could jump in for just a second. So all of the equipment there at our new rec center is new equipment. This is not equipment taken from the old rec center. This is all brand new, state-of-the-art, best-of-class equipment. And the reason we're able to do that was due to a $1 million donation by the Woodbury Corporation to cover the purchase of all of this new equipment. And it's beautiful. It's the best I've ever seen.

So—

Thank you, Mayor. It is, it's state-of-the-art. In fact, I'll divert for a personal moment. I've raised all 6 of my kids in Orem. A daughter graduated from Mountain View, 4 sons graduated from Timpanogos, and my youngest is a sophomore at Timpanogos now. They're all has-been athletes and gym rats. And my 3 married kids came into town this summer and wanted to go to VASA, and it's an arm and a leg to get a visitor pass at VASA, right? So I said, let's go down and use the rec center. They were down every day for about 8 days straight using the the new fitness center and thought it was phenomenal. And so just again, a testament to the ingenuity and the vision and the effort that's gone into creating state-of-the-art opportunities.

One thing I would like to also add to that is we've had many people donate to the rec center, and we recently received a $100,000 donation from the Clyde Company to the rec center. On top of the million from the Woodbury Corporation.

That's awesome. Thank you, Mayor. One last comment I'll make is about variable staffing. As we learn more and more about the uses and needs of the citizens, and particularly tied to the fitness center, we understand that there are things like, for example, if, if a mom or dad has young toddlers at home and want to work out, if they don't have a place for their toddler, they're not going to use the facility, right? So Bryce and his team have been working on variable staffing hours that allows for some toddler care, things like that, so mom and dad can, can go exercise and have a place to park their little one. And that's, that's been extremely helpful. That kind of leads into the next stage of the fitness center, which is really geared around programming. How do we now maximize the efficiency of the rec center? and, and its usage for the citizens of Orem. And things like, for example, teen and tween programming. When you've got kids that are 10 to 13 and, and originally they weren't allowed on the second floor where all the equipment's at that they could get hurt on, but you got parents that want to work out that may have a 12-year-old, and where do you put them? And so Bryce and his team have worked on creating some programming times at lower usage times that allows them to go up with their kids and They may walk on the treadmills or use the track and the slide and the climbing stairs, things like that, that allows for citizens of the city to use it more and parents to come in that have those kids in that age group, in addition to all the games that can be played and things downstairs. That was for all the above, right?

Okay.

Another thing we want to point out, all the effort that's gone into the pool, the leisure pool, and all the aquatic facilities. Bryce and his team adjusted to a subscription usage for swim lessons. Instead of having to reserve a block of time, you can go online and pick when you want to take swim lessons. As a result, there's a 700% increase in usage of the swim program, and, and I think hats off to Bryce and his team for that.

All the way.

Because that's phenomenal. As we look at next steps moving forward, adjustment of the leisure pool that allows for more usage as our, as our membership grows. We'll need more usage there. As I mentioned earlier, fitness equipment will continue to add to fitness equipment that is used by the citizens that come in. And as you all know, we have expansion space that's already built into the rec center when the right time And enrollment is to a point that substantiates that. Like to take just a minute to acknowledge the Senior Center, perhaps the most engaged and used senior citizen in the entire state. Gina and her team over there have been phenomenal. The COVID programming especially just won an award for all the programming they've done. To benefit the homebound seniors during this COVID period. We have about 4,500 members that are using the center, and they've just done a phenomenal job. Technology that's been used and the infrastructure that they've built, as well as hybrid opportunities that allow moving forward with programs and benefiting the senior citizens of, of Orem. You're all very familiar with the work that's put into the parks. Hillcrest, especially a phenomenal opportunity to upgrade a part of town that will be just great for all the citizens, but particularly in that area of Hillcrest. It will start construction this spring, and super excited about how the design has ended up. You know, it's interesting, it's— you're always trying to find a balance between those that just want open park to throw a frisbee with their dog versus those that want a court and and pickleball and volleyball and, and all those kinds of things. And the truth is, when you find the right balance, then you're going to get max— maximum usage out of the park. So to take some of the existing structure and keep what we can to use for, for basketball and other programs, and then to maximize the rest of the park space, is phenomenal. Heritage Park is under conceptual design now, and, and Corsiero Park will begin construction sometime soon as well. Then lastly, we'd like to just update you on the growth of participation in all of the, the sports programs. Traditional sports have grown. I've served now for over 10 years on the Orem Youth Baseball Association board, and this year we had an 18% increase.

Hmm.

And that's not over last year because it was down because of COVID That was over the previous year. That means we added 2 to 3 new teams in every league.

Mm-hmm.

And, and, and I think that every youth program is in that same boat. I haven't talked to Chelsea Jolly in a couple of months, but I know that their soccer numbers were up. So it speaks highly of the usage of space that we have and how involved we get the community. Certainly Bryce and his team are instrumental in encouraging all of these programs that either tie to or run parallel with city programs. So appreciate that. Individual sports is up— tennis and cross-country and other sports. About 2 years ago, Utah High School Athletic Association sanctioned lacrosse, and then you see that ripple effect in city and club programs in lacrosse. So appreciate that, and, and also appreciate then the effort that goes into park space that allows for those things to happen. We have a bunch of unique programs going on too. I don't know how many rec centers you can go into and find a bouldering class, but those things are busy and full, and there's kids learning to climb and, and participate. So super appreciate those things and looking at future growth and opportunity in the Parks and Rec Department.

Any questions?

No, I'm just amazed and Thankful, Skip, that you're at the helm and working with Bryce. And Bryce, for all the work that you do as our director. And Carol and, and Russ.

Russ, thank you.

And just, we appreciate the good service. It's amazing what recreation does for a community, how much it helps when you have arts and recreation together. It brings the community together and helps us to be better people, and I just appreciate the good work that all of you are doing. Thank you. I think Dave would like to mention something.

Yeah, I appreciate Bryce and Skip and Carol and Russ, and it's been great serving on the Recreation Commission and, and the amazing things that we're doing in the city. And, and I want to put a plug in. I mean, if anybody wants to volunteer for a commission, you go online and volunteer, because I think You know, that's what keeps things moving forward and completes the circle. So I appreciate your service. And definitely Bryce being new, he's done awesome, just hitting the ground running. So it's been an enjoyable time serving on that commission.

So thank you.

Thank you very much. Can we give them a round of applause, please? All right, we would now like to go to our personal appearance. portion of our meeting. I would like to read a paragraph to start out with. States, time has been set aside for the public to express their ideas, concerns, and comments on items not scheduled as public hearings on the agenda. Those wishing to speak are encouraged to show respect for those who serve the city. Comments should focus on issues concerning the city. Those wishing to speak should have signed in beforehand. at the beginning of the meeting. Please limit your comments to 3 minutes or less, and please give it— give us your name when you come to the podium. So I'll now read the names that we have listed. We'd like to start out with Cindy Nielsen, after which Lori Tallman. So Cindy, if you can come forward.

Thank you.

Cindy Nielsen. Back in 2010, much of Geneva Road was widened to 4 driving lanes, and several homes in our neighborhood were demolished to accommodate this project. A few years later, high-density housing was constructed directly across Geneva Road from our neighborhood. City leaders, while granting approval for this project in City Council meeting of January— in January of 2013, zoned the property as PD-33, which means it is a TOD, or transit-oriented development. The assumption was made that since the complexes would be so close to the new Frontrunner station and UTA, that students living in these apartments would use public transportation. The reality is that even if students use public transportation, they don't use it exclusively. They still have cars that need to be parked somewhere. Since there is not sufficient parking at the apartment complex, residents of these buildings park wherever they can find a spot. Initially, they parked along Geneva Road until they were told they couldn't. With good reason. Multiple times I saw students nearly get hit while crossing Geneva Road because they can't park at their apartments. Parking in our neighborhood is horrendous. Springwater Drive and the streets branching off of it are virtual car lots. The city, in response to complaints in 2018, put up a few no parking and residential parking only signs with little effect other than pushing the parked cars further into our neighborhood. Some homeowners have put up their own signs to prevent property access from being blocked. There are several disturbing things that have happened as a result of this issue. Some are written on the document I gave you. Please ask yourself if you would be concerned if these things were happening in your neighborhood. By far the most egregious one on that list is the assault on our 75-year-old friend and neighbor when he approached a man in a car that had been parked outside his home for 2 days. The neighborhood to the north of the apartments has implemented a permit parking system, which has alleviated the problem for them but brought even more cars into our neighborhood. Several homeowners in our area do not want permit parking. Some have regular work meetings at their homes, and others often have family and friends over, which would be hard to manage with a permit system. This problem originates from the lack of parking at the Promenade Place and the Axis complexes. If you call them and ask about parking, they will tell you that there is a waiting list for parking spots, and the cost of those spots is, in my mind, ridiculous— as high as $60 a month. Understandably, the residents of these apartments are frustrated too. and even organized a peaceful protest around this issue. You can read quotes from online reviews for these complexes on the paper that I gave you. You might be thinking the solution is simple— just go to permit parking. I hope you now realize that permit parking does not solve the problem. It just pushes it down the road, literally. If we were to adopt a permit parking system in our neighborhood against the wishes of some neighbors, it may help with the parking problem we are having, but it will create a significant problem for you. Because those cars currently clogging our roads and blocking our driveways will have nowhere to go. Instead, we ask that the city, in conjunction with apartment management, UVU, or whoever needs to be involved, put in place a long-term solution that will eliminate this problem. You would have to solve the problem if we accepted permit parking, so please just take care of it now. For the citizens of Southwest Orem, including those who live in the apartments whose parking limitations were approved by the city council, We ask you to correct the problem that was caused by that approval.

Thank you.

Thank you.

Move on now to Lori Toman.

Good evening, Mr.—

good evening, Mr. Mayor, City Council members, and staff. My name is Lori Toman, and I've lived in Orem for over 30 years. I've come to tonight's meeting to bring attention to significant land subsidence problems in the Springwater Park subdivision in southwest Orem near Sleepy Ridge Golf Course. About 4 or 5 years ago, several neighbors began to have settling issues. After new construction, a home typically settles in a few seasons and up to 10 years in some cases. A few small cracks in floors and walls is to be expected, however, but what is happening in these 20-plus-year-old homes is not normal. The majority of homes near 1675 West extending north at 1689 West, as well as 2 homes on Artesian Road, are reporting cracked walls. Yards losing elevation and homes beginning to sink and lean. The repair costs have been upwards of $100,000 for some, and for other families, they are living with a problem because the cost is beyond their budgets. Some may say leave the neighborhood, but that's not as simple as it sounds. If there is a problem along your borderline, you would be forced to lie on the disclosure documents, which is illegal. And then if you do tell the truth, you're not likely to sell your home. As a neighborhood, we've noted a correlation between the increase in groundwater withdrawal to meet the accelerated growth of Vineyard's water consumption needs. Vineyard has grown from about 130 residents in 2010 to over 15,500 today. To compound the issue, the state of Utah is experiencing exceptional drought conditions. In the last few weeks, a new well was completed just north of us on Geneva Road, and more are planned. How will this additional withdrawal affect our neighborhood? We have multiple questions we request to be reviewed and answered. I've asked to have a letter placed in front of you. So as part of the master water plans, were there any geological surveys performed to determine the potential effects of pumping groundwater away from the area? Was a survey performed by any agency? Was land subsidence and the possibility of earth fissures taken into consideration in the springwater area, as well as in Vineyard where the water table is high? Fissures do exist in the neighborhood. Did Orem City, its contractors, or other government agencies survey the elevation as part of the master water plan, and is the monitoring of elevation and effects of groundwater removal ongoing? Is Orem City or other government agencies monitoring the aquifer levels, pressure, and sediment compaction? What is its current state? Most importantly, who in Orem City will launch an official investigation for this problem? Before we leave this meeting today, I would like to Talk to you and would like assurances that these questions will be answered quickly and an investigation will begin with a sense of urgency before further damage occurs. I do not want to see my neighbors having to patch their homes in attempts to hold the house together and to keep rain, snow, and cold out of their homes. If you notice in this one home—

Yes.

This home here, this light coming from the front door, they can't close it at night because the it has shifted so much. So they only have something that where they can keep it somewhat closed at night and keep the rain out and the cold out. And this is a home that they only bought a year and a half ago.

Okay, thank you.

This homes in red are all homes that are sinking to one degree or another. The 2, 3 neighbors to our east both invested $100,000 each to boost up the foundation 18 inches.

Okay, we will look at that. All right, let's go on to Mariah Garcia, after which Carol Miles.

Thank you, Mayor Richard Burns and the Orange City Council. My name is Mara Garcia and I live at 109 South Terrace Drive in Orange. 2 houses away from the high-density building complex Siena Villa, where owners are proposing to build 2 single-family lots on Terrace Drive, as well as requesting a petition for decreased parking requirements. My concerns are: 1, traffic problems. It will create pollution and safety issues. Overflow of tenants' cars plus tenants' visitors' cars. The owners of the homes on Terrace Drive will not have available parking for yard workers, visitors, and/or family. 2, lack of easy access to emergency health assistance or another emergency. 3, Terrace Drive is a no-outlet street. I love living in this type of street because of lesser traffic, lesser pollution, lesser noise, and a more peaceful lifestyle overall. Now the peaceful lifestyle, lifestyle will change completely, destroying neighborhoods' tranquility and personal privacy of owners, and increasing risk for our children because of higher rates of, rates of traffic. 4, reduced property values impacting our personal net worth. 5, crowded curb parking. If you were to visit our neighborhood at any time of the day, You will see that the side of Sienna Villa that faces Terrace Drive is full of parked cars, both on the Sienna Villa side of the street and also across the street. So having less vehicles per housing unit will just aggravate the problem. We beg you, Mayor Richard Bruggins and the Orange City Council, to refuse rezoning the 2 single-home lots on Terrace Drive. And that their present status should be retained to maintain Orange's high quality of life and keep protecting neighborhoods. B, oppose the proposal to decrease parking requirements from 2.25 to 1.75 for all high-density developments, because allowing that proposal will have a negative impact in a neighborhood. Just to finish, I would like to add that we have a few neighbors that couldn't come today. Steve Diamond, who lives at 1910 Terrace Drive, had a terrible accident a few days ago. Doris Roca, whose property is located at 1902 Terrace Drive, is outside of Utah. In her words, I quote, I would like to support Pattaya in New Jersey. Thank you for being there. Another neighbor who lives in Terrace Drive is very sick. But all of them support our petitions. Thank you, Mayor Richard Bruns and Council of Orange City, for these 3 minutes to express our concerns. I really appreciate your service to the city in these last 8 years. Thank you.

Thank you, Mara. I might mention I spoke with Steve Diamond for a half hour on the phone today. We'll go to Carol Miles.

Thank you, Mayor and City Council.

I am Carol Miles at 1925 Terrace Drive, and I've lived there for 33 years.

I'm here on the same matter as Mara, that in our neighborhood we have thus far had an amicable relationship with Sienna Villas. But now they would like to change zoning of 2 single-family dwellings to accommodate a 21-unit building, bringing 24, 40—

let's say 42 more cars to our little end of the road.

And area.

It's a street that has no other access. We are very concerned about what this will do to our very close-knit neighborhood.

We are a dozen families now, have been over the years, raising our children, and we have had any number of our children return to live with us, and so have the neighbors, because they cannot find a reasonable place to live.

We have supported each other. We've helped with fundraisers as the children grew and developed and, and invited us in for concerts as their children were learning to play the violin and other instruments. We've helped each other with garden produce.

I'm just saying that we are the wonderful examples, I think, of what it is like to live in Orem, and we would like to retain our area.

We are—

we've hosted 80th and 90th birthday parties. For people in our area.

So we are speaking out to please do not rezone the 2 units, the 2 family lots, to a 21-unit building of people who will be here today.

and gone tomorrow, but their 42 cars will still be in our dead-end place.

Thank you again.

Thank you. I've driven your beautiful neighborhood and I've walked the empty lots, and I know Councilmember Spencer has walked the neighborhood as well. I will now turn some time over to Stephanie Visnaugh. After which, James Patterson.

Stephanie Visna.

Throughout these past several months, and more recently during this election time, we've heard the phrase preserving Orem neighborhoods.

We've also heard that no new high-density housing is to be created in residential areas.

Orem City also recently put a stop to any new PD zones, with some exceptions, of course. The Planning Commission last week recently gave a recommendation to rezone residential property to be annexed into Sienna Villas, an existing, an existing adjacent PD zone.

This is another example of developers buying up adjacent residential property in the anticipation of rezoning to expand their development, creating a creep into single-family neighborhoods.

Woodbury, Midtown 360, and the proposed Lofts at 16th are other specific examples of developers trying to do the exact same thing.

Being left behind are half-demolished houses or vacant land, which are eyesores these developers have created.

Developers must be good neighbors and good Orem City property owners.

These problem areas must be addressed for the sake of these neighborhoods and for the sake of Orem City.

This development up for review in Sienna Villa is not only requesting rezoning but also the addition of more units without adding any new parking. This is not acceptable and will create even more of an impact on the adjacent neighborhood.

When Sienna Villas comes up for your vote, voting against the annexation of this residential property into the adjacent PD zone will show your support of preserving neighborhoods by not allowing high-density housing into existing family— single-family residential zones. Thank you.

Thank you. Now hear from James Patterson.

Mr. Mayor, members of the City Council, my name is James Patterson. I am also a resident of Terrace Drive. We have lived there for about 10 years, and I, like you, probably knew nothing of the street until I had been there. We didn't know the street existed until we came to look at the house that we then purchased, partly because of the location and the feeling in the neighborhood there. In addition to the concerns that have already been expressed, I would think there are a couple of things that would be of concern should the construction be permitted to proceed. Number one is staging. Where would construction on lots that have no facing to any other street but Terrace Drive— how would that take place? How would they access the property? If they're accessing it from within the existing property, that displaces even more cars. Where are they going to park? They're going to park on our street. How does that affect access of the people that live down that street? If there's construction happening near our only way in and out of our neighborhood. I was also— I was not able to attend the Planning Commission meeting, but there are some— my understanding is that there's some points were made there that I think I would like to rebut on behalf of the community, the neighbors on Terrace Drive. There was a meeting held just over a year ago where the developers proposed what they wanted to do. They have portrayed that as the neighborhood being in support of their proposal. I think that is an exaggeration. We certainly were not marching with pitchforks and torches, but to say that we support it, I don't think is entirely accurate. Also, the idea that there is additional parking available in the commercial space just north of the property near the Young Family Dental Building, frankly, is absurd. There is a chain-link fence between the properties. Who's going to park near State Street? Walk completely through and around that property and around the chain-link fence to get into the Sienna Villa property. It won't happen. They'll park on our street. A lot of this is due to the design of the facility. As I was driving my son to the bus stop this morning, because I don't want him walking across Columbia Lane at 7 AM when it's very dark, I noted at least 12 cars parked on either side of Terrace Drive near the southmost building of the Sienna Villa development. Why do they park there? Because it's 50 feet from their door. I then drove within the parking lot and saw many vacant spots. Why don't they park there? Because they're multiple hundreds of feet away from their door. So people are people. I understand why they're doing what they're doing, but adding additional units will only create additional pressure, which will then spill onto our street, which will affect the quality of life of the people that live on that street. And I recognize that Councilman Spencer, and I understand Councilman Peterson, were down there recently. Thank you, Mayor, for visiting our street. If you have not been to Terrace Drive, we invite you to please come down, visit our neighborhood, see what we're talking about before you make decisions that will impact all of our families. Thank you. And the children.

Yes.

Thank you.

Now hear from Henry Miles and then Pat Percy.

I also live at 1925 Terrace Drive. My wife Carol just talked with you about the problem that we have. As I look at that, it's quite interesting. Yeah, Sienna Villa came in and right on a corner. And, uh, on, uh, and, uh, it— and let's see, I guess that's Columbia Lane that they built on, and then they're just, uh, a bit down Terrace Drive. And, uh, over the years, uh, you know, one, uh, one fam— I guess one family left first, uh, And I don't know what kind of negotiation went on when they— when Sienna Villa bought their house, and then they— it was destroyed. And then there was a vacant lot there and they bought that. And I don't— I didn't— we only heard I think that I thought that they were going— I had no idea that they were going to build on there. They talked about different kinds of activity, or like kind of like a park. It was going to be there for the people who rented in Siena Villa. But it's interesting how they just creeped down there. And I'm just wondering how, how we're supposed to know what people are doing. Is this something that you have a way of dealing with? And then they come to you and they ask for rezoning, and I guess that's the only way that we can fight them is to fight the rezoning. But it's the problem that I I hope that you can see what, what's happened. And I suppose this is a way that developers work. Is that right? You run into this kind of a situation often, that that's the way they buy land here, there, and then pretty soon—

Yeah.

You've got an apartment or Or adding to an apartment or something that— I see you're smiling, so I guess that you kind of agree with that.

So we're here to listen to zone requests after the Planning Commission, and each area is dependent on what that is.

So, okay, well, anyway, I'm just giving you my experience, and I thank you very much for listening to me.

Thank you. We'll now have Pat Bercy, after which Lindsay Studebaker.

Thank you for this opportunity. These are my neighbors and friends, and I share their concerns. I live very close to this, the street they're talking about. Interestingly, after the Planning Commission meeting last week, I did drive Over there, and on the south side of the street, south of the apartments— on the north side of the street, but on the south side of the apartments— there were 6 cars lined up already at 6:07 PM. And so we know it's a convenience factor for these people, and you can't, you can't outlaw that, obviously, but it's a factor in the design of these things. I feel like if, if there were any changes to the zoning ordinance as far as the parking spaces per unit, And that's only half the problem as far as parking. I recognize that, that you would set a precedent that you really don't want. I heard tonight someone speak about the problems with the foundations and whatnot. Why did that happen? I have that same question. Sometimes decisions are made now that you're— those who follow you are going to have to deal with later. And so I think it always takes a lot of Work and fortitude to be able to make decisions that will protect the citizens of this community and that won't result in things later. I can't help but believe that Vineyard someday, a lot of those apartment buildings in that, because they are in a high liquefaction area, they're going to have similar problems. If I understand the— and I could be wrong on this— but if the conditional use permit is part of this whole process for this particular project we're looking at right now, then I, I come to 2 factors that are to be considered. One's the economic impact on the neighborhood, and there's no doubt that creating more problem for this street could affect the value of those residential owners. The other thing, the other factor, which I think is one of the most important, and this can be vague, but I think we all understand what it means, the impact of the proposed use on the health, safety, and welfare of— and skipping ahead— the persons owning the property. I think that's a real concern. And I think I just could wrap up my comments supporting what they have said already. All of you know what a stitch in time means. Are there any of you on the council who don't know what that is? An ounce of prevention is worth a pound of cure. Now's the time to deal with that, so later on There aren't more problems that you have to solve. Thank you for your time.

Thank you. We'll now hear from Rick West, after which Jack Bingham will speak. I'm sorry, Lindsay, I didn't mean to forget you. Come on up.

Sorry, we have lots of kids, so I really want—

No, we don't want to forget.

I'm Lindsay Studebaker, here with my husband, Matt Studebaker. Um, we are coming to you with a concern for our community and our children due to a business operating out of our neighborhood. 3 houses down from us, our home in 1900 Pheasant Run, is a home that houses men with mental disabilities. This home is run by a business and caregivers come in and assist the men with their care. I have lived in our neighborhood for 5 years and I've noticed recently that police presence is, is increasing. And I've had to call the police on several occasions due to specifically one recent tenant that has moved in named Caden. He is not high functioning enough to be in this type of environment, and his caregivers are not able to physically restrain him when he gets out and causes havoc around our neighborhood. One such example was when the police were called twice in one day for this man And this is what happened. He was running around the neighborhood with only a diaper on and his butt was completely exposed. 2 of my children were out when this man came out exposing himself and not dressed. My 2 children are ages 7 and 5.

Um, excuse me.

They were playing with some neighbor friends and they were scared. They ran to their friend's house, the source's home, because they did not feel safe coming home. But this man running outside, not properly dressed. There is a worker who is supposed to be watching these men, but the one worker was not able to handle this mentally disabled man. He is over 250 pounds and she was only about 150 pounds. She could not physically handle him and he would not listen to her. She could not get him back to their home and there was another mentally disabled resident trying to help her. The man in the diaper entered my open garage, stole food out of my garage. The worker knocked on my door and asked to shut my garage because she could not keep him from continuing to enter my garage and stealing from me. I later saw the man taking pumpkins and other things from neighbors' porches as I waited for the police to come. My children do not feel safe playing outside anymore. I also do not feel safe with my children playing outside themselves, and I've spoken with neighbors who also feel similarly because The men in this home are a lot bigger than them, and they do not have proper decision-making capabilities to not accidentally harm them. And the organization running this facility have showed that they are not capable of controlling the men that they are in charge of. I feel that there should be action taken to have this organization moved from our neighborhood so that we can feel safe and know that our children are safe and that we don't have to have the police continually being called to our neighborhood.

Thank you.

Uh, my Orem Police case number is 210-R-23037 if you would like to read more about it. I worked with Officer Pedersen. Um, I also spoke with Officer Howard and filed another case because, uh, this man came to my property again after he was trespassed and continued to steal things off of my porch. When I spoke with Officer—

So we'll have to have you stop.

Okay.

And appreciate it. Could you give us your phone number?

Yes, we do it right now. 801-641-1033. And then Shantae Zundel, who is also here, uh, she lives on my street and she also is aware of the situation.

And what is your address?

821 South Pheasant Run, 84059.

Okay, I would like to call you and talk more to you about it.

I'd appreciate it.

Thank you.

Thank you for your time.

Let's go ahead now to Rick West, and then Jack— I can't read the last name.

Mayor and Council, I appreciate the opportunity to speak. I'd like to personalize this issue around the Siena Villa zoning a little bit. My wife and I live at 1941 Terrace Drive. So we're one of the Terrace Drive residents. That property that we live on was deeded to her by her grandmother, who owned the orchard on which we and Sienna Villa and so forth, and going down Cove Point and other residential places down there, um, exist. Of those homes, On Terrace Drive, there are currently 3 of the homes are owned by grandchildren or a family trust that evolved from the original orchard owner. The first house in the whole area is right next door to us. There are several grandchildren, great-grandchildren that live a little bit south down in the Provo side of the development. So this is more than just property value and issue and parking issue. It is those things, of course, but it is also a heritage issue. There's been discussion about what a great street and residential camaraderie there is. We hate to see that change with very transient tenants, renters, which we all need, and we love my wife and I manage some, some complex elsewhere in the Valley. And, you know, one of the other things I wanted to address was the parking issue. We have found in our experience that about 2 years ago, almost all tenants come with at least one vehicle per person, frequently even single tenants or couples will have more than their own one-to-one vehicle. So per apartment, 2.25 parking spaces is, I would say, on the range of minimal. My stepson was going to develop or went into Provo or Orem City zoning to consider.

You have 30 seconds left, so.

Okay, the building across from Sienna Villa that had been vacant for a dozen years or so, he wanted to turn that into an apex. He was told that Orem City was not approving any, any high-density developments more than 500 feet from State Street. I don't know if that's still the case, But he didn't pursue it. Another relative proposed a triplex on one of the 2 lots and was turned down a few or several years ago.

I'll have to have you stop. Okay, but I appreciate it very much. We'll now go ahead and move to Jack.

Sorry, my signature was not very clear.

How do you pronounce your last name?

Jack Bingham.

Bingham.

I'm a resident of Orem for some 50-plus years. I've been in the area down here by the Sienna Villas for going on 13 years. I've noticed a great deal of difference in the area as far as traffic and access to that area. I moved in before the Sienna Villas were completed. And so, while we appreciate so many good people that are there, the reality of it is that area is right within a block and a half, or if that, of a very, very busy intersection at the top of Columbia Lane and State Street. Anybody who's gone down through there, just south of the mall, you realize there's hundreds and hundreds of cars at any given time that are going through there. We have quite a contingent of— although I'm a widower and my next living place will probably be on the grassy slopes of Orem, nevertheless, we have a wonderful contingent of young people, of kids there. And as mentioned before, one of the people took his child across the street because they had to go across there to get to the bus.

And I'm—

I have a lot of neighbors that have little children, and I've realized that same problem. Anytime we have a high-density situation where you have parking that has to go onto the street, you're going to have problems. We have no stoplights there. We have no lights at all to regulate the traffic along there. As was mentioned a minute ago, right across the street was a complex. There used to be a medical complex and a few other things some 40 years ago, almost literally. It's now turned into a commercial area. Right across the street, and that has caused a great deal of traffic also to go on that area. Please, ladies and gentlemen, take a look at this through the Planning Commission or whoever needs to be. We, we need help in that area. It's not a good place to have more high-density housing when they don't have specific parking. No plans at all for safety regards for our our children, or for our residents there.

And there—

I don't live right on that corner, I'm one block away, but believe me, uh, I have to go through that corner on 1864 South every day to get to my own home. And both sides of that street, which have— you have the business or apartments on the other side, are full of, full of cars and big vehicles. It's impossible to get through there without having a possibility of an accident. Please, please reconsider, whoever needs to be making that decision against this rezoning of apartments in there. It's going to cause tremendous problems, and hopefully, God forbid, one of these days we're going to have a terrible accident and we're going to lose somebody.

Thank you very much.

Thank you. We'll now hear from Lenee Millett and then Dennis Harrison.

Hi, I'm Lenee Millett. Sienna Villas was planned and approved as a PD zone on Columbia Lane with protection for the homes on Terrace Drive. It's actually a really nice development with fronting Columbia Lane. On the east property line is a low 20-25-foot-tall carport, and then there's a 30- to 40-foot parking lot before you come to the 40-foot-tall apartment building that's there. This has been a pretty good buffer for the nearby homes on Terrace Drive because it is fronted on Columbia Lane. The proposed 40-foot-tall additional building going on the vacant lots will be a mere 25 feet from the property line of the next home. This is not a sufficient setback or a sufficient buffer for any nearby home. The 2 vacant lots where the developer wants to put the 21-unit apartment building is zoned residential— are zoned residential. I stopped by there last week, and these lots are actually on a wonderful dead-end street. You've heard people talk about how wonderful this Terrace Drive is, and they have a beautiful view of Timpanogos. I often hear it said that we need more places in Orem for our children and grandchildren to live. I believe when that statement is made, most people envision their children and grandchildren purchasing or building a home in Orem, not indefinitely renting an apartment unit.

There are—

these are 2 great quarter-acre lots where nice new homes can be built. As I mentioned, this is a PD zone that was approved years ago. It was a good fit for that location, and the neighbors considered it, from what I can tell, to be a relatively good neighbor. However, this move to annex property into an existing PD zone should not be permitted. The apartments should not be allowed to be placed on Terrace Drive. Residents don't want it, don't want the high-density apartments in Orem neighborhoods. Please do not set this precedent. Please do not allow homes to be torn down and annexed into PD zones. That's not how the PD zone ordinances are intended to be used and implemented. Please protect this neighborhood. Stop the creep of the high-density housing apartments into neighborhoods. Send the message. Tell developers that we don't allow this in Orem, and they'll stop applying. They'll stop buying homes, they'll stop tearing them down, and they'll stop making application to have them annexed into their PD zones or to have their high-density housing projects put on that land. I urge you to please allow these residents to enjoy the peace of their neighborhood. And maybe since I have a few seconds, can we have everybody who's here for Sienna Villas just stand up so they can see? who's here to represent that. Okay, thank you very much. This is a great street. I urge you to drive by and take a look at it. These are great people. Thank you.

Now hear from Dennis Harrison and then Ken Holm. Is Dennis here? Okay, we'll move on. How about Ken Holm?

Ken Hohen, Orem resident. I was speaking to one of the council members just a couple weeks ago.

They brought to my attention that the state can mandate us to do high-density housing if we don't do our fair proposal of it, and it made me reflect.

And there's many bedroom communities in Utah County—

Mapleton, Lehi, Alpine, Highland. They don't seem to have as the— as much high-density housing as Orem does.

I would ask the city council to give pause to this, and specifically on Terrace Drive, please don't rezone it.

I've, I've lived in Orem for quite a Long time now, and in my opinion, we do have a lot of high-density housing. I think it seems we're doing more than our fair share of that versus other cities adjacent to us and in Utah County. We have finite space left in Orem City.

I would just ask the council to be wise and prudent.

Thank you.

Thank you. We'll now go ahead and close the public comment portion of our meeting and move on to our consent items. Our consent item consists of one item: approval of the meeting minutes of September 28, 2021. Anyone who would like to move this item to a scheduled item can do so. Hearing no comment on that, we'll go ahead and take a vote. And make— I'll make a motion that we accept the consent item agenda. Is there a second?

Second.

Okay, we'll go ahead and start with Brent Sumner.

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Okay, the consent item agenda is passed. We'll move on to our scheduled items. The first one is a public hearing/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 Ken and Joe Matthews are our presenters.

Thank you, Mayor and Council. Pleased to be back before you. We have 2 quick recommendations for you for CDBG COVID funding. While Ken is getting that up, I want to thank the commissioner that I serve with for the— for their willingness to serve, and as we consider these proposals. Alright, so quick summary for you of the, of the COVID CBG funding that the council's already approved. The initial allocation is summarized in this slide for you. And the next slide is that second allocation that the city received for COVID CDBG funding, the summary of the expenditures the council has already approved. And just— this is a slide summarizing— council's aware of this— how these funds should be used. So we'll skip to the next slide. These are the priorities that the council asked us to consider. When we consider these proposals. And our first proposal for you is for Parkside Elementary. They're looking for picnic tables so that their students can eat outside and hopefully distance, socially distance. So they need tables outside, which they don't have right now. So our commission supports this recommendation for the, for Parkside Elementary.

Before you leave that, is this on a city park or on school property?

Picnic tables.

School property.

And our second item for consideration is the Tophams Care Center received a COVID grant to update their, their HVAC system, but they are not able to use that funding, so they're returning that. So we recommend that the council put that back into the pool of funding to be considered for other uses. So there's our summary for you, the 2—

to allocate the $5,500 and to put the $100,000 back in consideration for other projects.

All right, any questions or comments? This is a public hearing, so we'll open it up to the public for anyone wishing to make a comment on this. Anyone coming forward, please give us your name and Hold your comments to 3 minutes. Seeing as how no one's coming forward, we'll close the public comment portion of our public hearing and bring it back to the council. I would like to make a motion. Any comments or questions from the council first? Yes, go ahead, Debbie.

What's our timeline to finish this $134,000? When does it have to be allocated?

We have to have it Well, we've already allocated it because we've allocated it to public services. Okay, we have to have it spent within 3 years, so we, we're probably about a year and a half in.

Okay, thank you.

Yes, go ahead.

So can I comment on Mrs. Studebaker, which is very disturbing to all of us, I think, to hear it? Does that fit in a category you work with, or where does the city turn to for a mental health issue like that that's affecting the safety of her family?

So I went out and got her information, and our code enforcement team with our police department will work, and our mental health department will work on that.

Also, Terry, to that extent, by federal law, we have to allow— federal housing law— we have to allow those kinds of facilities within neighborhoods within our city, but they are governed by social services through the state. And if in fact there's somebody that is threatening a neighborhood with their activity, that person who regulates that house can be contacted and actions can be taken with the people who run that particular house. I've had one of those in our neighborhood. I know how to do that. I know who the people are. I can call on that. That's why I asked for that phone number.

So.

Because that's very disturbing. So hopefully that happens fast.

Yeah, we'll work on that first thing in the morning.

Okay, thank you.

The way to do that is to contact the counselor from the social services from the state over that particular facility, involve the manager-owner of that facility with the state, and register a complaint that we have a disturbance in the neighborhood and the police have been called. And action will be taken. All right, I'd like to go ahead and make a motion that the City Council consider approval of substantial amendment to the 2019-2020 Annual Action Plan and use the projected funds from the CDBG grant as outlined today. Is there a second?

Second.

Okay. Brent, we'll start with you.

Aye.

Aye.

Aye.

Aye.

Aye.

Aye.

Okay, let's go ahead and move on to our public hearing ordinance amending the current fiscal year 2021. Thank you, Ken and Kenna. Budget and '21— 2021-2022 budget and Brandon Nelson. Our finance director is our presenter.

Thank you, Mayor and Council. As you're well aware, periodically throughout the fiscal year, we have a need to amend our current year fiscal budget in relation to various things that occur during the year. A lot of those things that I refer to are grants that the city receives as we apply for those throughout the year, as well as there's various other elements such— and in this particular budget amendment, there are some donations and some, some other elements related to it.

As we continue to go deal with the pandemic, many of the items on here are related to the original CARES Act, as you see with some of the library items on here, or the, the new ARPA money, the American Rescue Plan Act money. And so there are some items on there related to that act as well.

that come through, you know, not the main money that we receive, but through ancillary organizations, either through the feds directly but primarily through state organizations. And then we have some of the donations that we work with. The mayor mentioned earlier regarding the Swanson donation. You can, you can see that item down in the Fund 45 area, the Capital Improvement Projects Fund. You see the donation down there, so that's recording and adding those dollars and making them available to spend within, within the budget within that fund. Let's see.

Brandon, that's W.W. Clyde.

Is that what it was?

Sorry.

Yeah, W.W. Clyde.

All right, you'll notice you can see various—

these are some of the—

so that was the revenue side, the receipt.

This expenditure side, as far as where the items are intended to be spent, are identified here within the various categories related to where those grants reside, whether it be with the library or public safety within.

So can you address the budget shortfall item?

So let's see, I gotta remember where—

so it's right at the—

yeah, I know where it is.

I'm trying to—

oh, okay. So we received grant money that we can use for our victim services.

And so those dollars are already budgeted before we received the grant.

We already had those individuals.

So now that we received a grant that can pay for a portion of those individuals, those general fund monies now become available as a general use.

So when we have monies that are—

obviously everything else has already been budgeted for, so we park that money, if you will, within this contingency account that can be used for contingency.

I get budget shortfall, I don't, but That's fine for a parking place, a combo kind of thing. So, okay.

Any other questions, concerns in relation to any of these grants or donations or amendments in general?

I think you've had everybody fall asleep on you.

Great.

I know I do have one question. You've got a fitness center. Is this the last little bit of finishing this project up, or is this something new that was unexpected?

It was not necessarily expected, so it will— you know, we talked about various things within the fitness center that we can plan for going into the future that will eventually need replacement, and I imagine that these funds will be used towards that purpose.

Debbie, that's the additional $100,000 from Clyde, so it—

okay, that's increasing the contingency Okay, I just wanted to know.

Okay, thank you.

All right, this is a public hearing, so we'll go ahead and open this up for public comment. Anybody wishing to come forward, please give us your name and hold your comments to 3 minutes. Seeing as how no one's coming forward, we'll go ahead and close the public comment portion of our public hearing and bring it back to the council. Any comments Or questions on the council. All right, I would be open to someone on the council making a motion to pass this.

I can do it, Mayor. Okay, I move that we amend the current fiscal year 2021-2022 budget.

Is there a second?

Second.

Okay, Jeff, we'll start with you.

Aye.

Aye. Aye.

Aye.

Aye.

Aye.

Okay, that ordinance passes. Thank you, Brandon, we appreciate it. You always do good work. So we'll now go to a public hearing ordinance amending portions of Section 22-11-56, PD-43 Auburn Meadows, 2000 South Geneva Road, pertaining to the approved uses in the PD-43 zone. For Area B, also amending Appendix LL of the Orem City Code with updated concept plans and elevations pertaining to Area B. Jason Bench is our presenter. And do we have our applicant here with us? We do.

Jeff Mansell is sitting here next to me.

Good to see you again.

Good evening, Mayor and Council.

That's better, isn't it?

You've been busy down there. And little did you know when we started this process many years ago that a new Orem Temple for the Church of Jesus Christ of Latter-day Saints would end up being located within that annexation.

That's for sure.

Thank you, Mayor, members of the council. As you recall, this item was on About a month and a half ago. I'd just like to go real quickly and just preview what was proposed, and then you can address questions to Mr. Mansell, if that's okay. So the proposal is for the Auburn Meadows, as mentioned, 2000 South Geneva Road. You can see the, the area, the majority of it is under construction or completed. There is the corner at 2000 South outlined in the red that Mr. Mansell is here to Look at expanding. You can see the overall concept plan that was approved. This is the current concept plan in the ordinance that shows the small commercial—

turn on my pointer, make sure that works.

So this area right here is what's called Area B in the ordinance that is designated for commercial, anything including in the C-2 zone or Senior housing, I believe it was called. Currently, the residential units do require 2.5 parking stalls per unit. Commercial would be subject to the C-2 standard, which are 4 stalls per 1,000 square feet. So this area you can see outlined in the blue, there are 19 units. Jeff is suggesting or requesting that he moves 12 of those to the west. which would be over in this area, which I'll show you a revised concept plan eliminating the 7 units and then expanding this area to include the commercial component. So you can see that the area here would be then expanded and the commercial area would be allowed to expand, and then this would be where he'd add the additional 12 units. What he's got proposed is 2 different concept plans. One is a smaller grocery store here with some retail out along Geneva Road with kind of a fast food area there. In addition, proposing 19 stalls that you will add in addition to that, that will be used for Area A, not for Area B. So not required for Area B, but put in and installed and used for Area A, the residential component, Area A. The other concept plan that he'd like to include— so he wants both concepts within the ordinance itself, depending on the market, is a larger grocery store, which then would be parking out front with no retail out front, still have the fast food, still install the 19 stalls that would be used for the, the residential. These are the elevations that would also be added to the appendix, so any grocery store would have to be somewhat similar to this, the retail pad here. You can see the fast food. So this would be tied to the ordinance. Anything that comes into the Planning Commission, assuming this is approved, would have to be in substantial compliance with these elevations. The proposed ordinances, the minor amendments that he's—

Jason, you hold on for just a second. Councilor McDonald had a question.

Would you go back to either of the drawings, Jason? And the gentleman with you, I missed your name.

I'm sorry.

Jeff Mansell.

Yeah, thanks, Jeff. One of the benefits of having a grocery store here versus more housing is the demand on the grocery store is mostly through the day and into the early evening, and the demands at the housing units are in the evening when people come home for the day and work. Would there be— would residents be allowed to park here after a certain hour after the grocery store is closed if they're able to move out in the morning? Those are my questions. Would there be some shared parking opportunities here?

There will be shared parking opportunities. Our hope is that it's not needed by the time everything we've already put in place, both from the HOA and additional parking, is not needed for it. But they're clearly—

especially that north row, those 19 stalls you're referring to.

No, no, this would be additionally those— the, the north row facing that right there, Jason. Okay, that could be available for an after-hours, an after-hours parking agreement, you know, and leased by the, by the HOA for after-hours parking from, say—

Oh, that's right, because the HOA now is individually owned and you would own the grocery store, but you might work out a shared parking agreement of some sort.

Certainly possible.

But as you hear, as we go through, we'll discuss what we're doing now, what we hope will continue to happen. has already happened over the past month, and we— it may not be necessary. But if it is, there's opportunities there for overnight parking as well.

Thank you.

I'm sure Jason's going to mention, but we appreciate the efforts you've been making over the last month. So go ahead, Jason.

Just a few more slides. So just a couple of minor amendments. They are proposing to take out the senior independent living as an option. It would strictly be Allowed for C-2 uses only, so housing would be taken out of that Area B. And then we go back to this, so there's a 10-foot minimum setback that's required along this area right here when it's adjacent to Area A or Area B. Because it's adjacent to the same development, Jeff is proposing to put these stalls— there will still be a separation, but not the 10 feet, so they're proposing to take that out because it's the same development. It makes sense. There will be a fence along this area as well with pedestrian access so that those that live in this area could walk across and access the commercial development. And then there is a requirement that no solid masonry fence be built across the existing or proposed water line. It would have to be some type of tilt-up or those panels that fit in so that if and when the water needs to be replaced or water line, they can They can take the panel out and not have to take out the footings and all that for the, for the fence.

Jason Terry Peterson has a question for you.

So this is for Jeff. So let me just make sure I get it right, Jeff. And I love retail, by the way. I think it's great. But so you'll move some of the apartments to the west side.

Some of the townhomes.

Yeah.

So you've heard tonight for the last few hours the concern about parking, and you're dealing with the same issue with parking. We're hearing that in different parts of the city.

Yes.

So if I'm talking to a resident of the city, is there going to be more, less parking, or the same? Now, doesn't matter, you know, if it's a big grocery store, small grocery store, and the other retail. I'm just talking about the people that live there with where you move the new townhomes to.

What—

and what— how do we end up after that with as far as parking?

Great.

Let's, let's talk about that for a second. Jason, can you go back to the slide that shows the 19 The original plan.

There you go, right there.

Okay, I think it's important to— I don't think it goes with— it should not go with that notice that those 19 units are already approved as part of the plan. We are making this change in part because we saw what type— what problems that particular product type was causing parking-wise. That's a 3-story townhome. So, well, I did, you know, only over a year ago now, we had had our initial discussions about this, about taking those out and possibly doing a low-income housing senior apartment project there. But that was probably going to also contribute to parking, so we moved to this other direction. The improvements are already in for those 19 units. I've already spent the money to put the sewer, the storm drain, it's all sitting inside of that space. So by me taking those away, I'm throwing that money down the drain. I can't even use those improvements. But it's in the best interest of this community and our community that I do so, because we're getting rid of a product that is a problem product parking-wise. We're replacing it with a product that's a 2-story townhome that has a full driveway with the full 2-car garage. That section of our project has no parking issues. issues whatsoever. So we're taking out a problem child, putting in a product that we know we don't have problems with. I'm doing so— I'm getting rid of a sure thing that I've already spent money on to replace it with something that I don't know when I will be able to develop that commercial corner. That's predicated upon UDOT putting in that intersection. and Provo Building 2000 South. And I was told by Provo City that they were going to be doing that intersection this week— this end of this year— but I cannot find that RFP anywhere on UDOT's system. So I don't know when that's going to happen. So I'm giving up a sure thing that I've already spent money on to try and solve this problem for my community for something that I have no idea when I'll get a return on it. And that's important. Now, Further, as we'll discuss, knowing that this has been a problem, we now know that we've got to do— we've had to do a much better job of installing guidelines that are going to solve the problem on into the future. What we had was many units that were under the control of another builder that we sold units to, 42 of them, of these 3-story units. That were just selling them to people and telling them that it would be okay to allow students to rent there. We did not know this until after they were all gone. So we've instilled some strict, strict guidelines to make better landlords and better tenants, following the city guidelines as to what is allowed for occupancy within a non-resident unit. So if you're a landlord, The first thing you have to do now is, of course, comply with city ordinances by getting your landlord license and registering your, your domicile. You then have to abide by those, and you got to— you have to sign an agreement with us. The HOA then, us, receives a copy of the lease, and we have to— along with a copy of that lease, there is a document you'll see here that the tenants have to acknowledge that they've reviewed and received the rules. rules and regulations. And that is the biggest one that affects a tenant, is that you have to prove that you have parking within, within our project in order to be able to be on the lease. So we can immediately be able— and we're in the process. So that's the biggest issue. So they have to not only prove that they've got parking, they have to register their vehicle with us, with the HOA. And we're hoping that between those 2 things, primarily, we will be able to then manage any, any violators of more units, more tenants within the unit than there should be, based on cars and registrations. And proof of your parking stalls within our project, not on the outside. Now, that was all put in right about the same time as the last meeting. We are giving the owners Through the— right after Thanksgiving, the end of November, to get everything in order and everything turned in so that we can finish our audit, and then we will start fining the owners and the tenants that are not in compliance. We've seen great progress so far. In addition to that, between now and the time we develop that out, we've installed, to even more expense, a temporary parking lot in the same area of Area B. And built that in a matter of 2 and a half weeks and have been able to get a great, great majority, probably 80-plus percent of the cars that were along Geneva off of Geneva. Now, that will also give us the time that we need to go through and audit all of these, these landlords and make sure that they're in compliance with city ordinances and with our internal guidelines to get Down to 3 people, no more than 3 people in a unit. If once we do that, I don't see a need for any more additional parking within our project, but there will be some available within the— within that commercial project if need be, well into the future when it's built.

Thank you, Jeff, for being a responsible developer and taking hold of the problem on your own and at your own expense.

And it's not solved yet, but we'll, we'll get there. I mean, there's steps by steps, we'll get there. Right now we're down to anywhere between 3 to 7 or 8 cars along Geneva parked legally. Now, if UDOT will take our guidance that we're working with the city and not allow parking on Geneva, we'll have this problem solved immediately.

So let us know if UDOT's not working with you and if we need to give them some encouragement. I went by there several weeks ago and there were 50 cars out on Geneva Road, and there were 27 open parking spaces within the complex. And then I think Jason and others worked with you and you've done a great job. And the last time it's like 3 or 4 cars on Geneva Road. So thank you very much for taking the bull by the horns. I think Tom McDonald has a question and Brent Sumner.

Okay, Jason, I'll let maybe you help me answer this. Jeff, first of all, thank you for what you've— your statements and what you have done. Thank you. Jeff's statement is, hey, we already have the rights to approve these— what's developed there, a bunch of 3-story units.

Excuse me.

Is there arguably less parking demands for this grocery store or this little strip mall or whatever we end up putting there than there would have been for housing units? I know we haven't done a full traffic study, but would your back-of-the-napkin thing tell you this is less onerous on the parking?

This would be less. Yes, this would be better, not only for the city, for retail, but also less spillover into other parts of it because of over-occupancy or whatever. Even though it may have been seniors, I think this is going to be a better option because it's going to be built to the C-2 standard as far as parking. So any, you know, like the Smiths, any of those are the same standard.

So the people who go to the grocery store don't spend the next 24 hours in the grocery store. So they go and then they leave. The people who would be going to these 3-story units are going to stay overnight and they're going to park their car out on the street. So, you know, I appreciate what Jeff has done, and by changing this, that makes all the difference in the world.

Yeah, I agree with Jeff. This, this city perspective, this is a good Good idea, because you're getting a different product type that doesn't have a parking issue, and you're building it now to a parking standard that, that's a commercial standard. So we're going to win-win, I think, on the parking.

Sure.

Brent, did you have a comment?

Yeah, a couple of questions. Do you, do you now charge for parking, or will you in the future charge for parking?

Yeah, so each of the units either have a garage With a full drive— the 2-car garage or a full— with a full driveway, which they don't have to pay for parking. So the answer is, who does have to pay for parking? Well, it has to be that person then that can't prove that he's got a parking stall within either his garage or a driveway. All right, and so we do charge under a permit for parking that is off of their actual site itself.

Do you—

how much do you charge?

I believe that it's $35 according to the HOA management company at this point.

And then one more question. The HOA is, is rig—

is patrolling or enforcing your new guidelines?

Yes.

How—

tell me a little bit how that works.

I mean, is it just one of your occupants complains, or— Yeah, so what happens, let's take it from a brand new tenant standpoint. Currently, they are in the process of auditing all non-owner-occupied units by, for, by making sure that those owners have complied with city ordinances with a copy of their lease, copy of their license, and all of the tenant information and their registration for their other automobiles. That's— they're going through that process right now. That deadline ends— that grace period ends at the end of November. Once that's over, then they will begin to fine the owners and/or the tenants who are not complying. Now let's take it that step further. So you're a landlord, you are— you've got a new— you have a new lease, and the first thing you need to do then is submit your lease to the HOA with your tenant information, which includes their, their parking registration, acknowledgement that they've received the rules concerning, you know, of the community. And, and with all their contact information. That's what comes to us. So the HOA takes that information, they then log that, they know exactly who is staying in that residential unit, which cars are associated with that residential unit, and they make an inspection of the garage to see if it's clean and clear, and the driveway, so that they know that they can then audit and make sure that those parking stalls for those 3 people maximum are, are in place. And at that point, and so this is the form that they have to submit with, with their lease, the landlords do. So once, once all that information is gathered, then they'll just continue to currently on the inside of our project enforce the parking regulations for visitor parking permit parking stalls.

So, Jeff, one thing I'd like to maybe add to that that might help Brent is that your units have, as you say, a garage or a driveway to park. But also, after you go through X amount of units, you have X amount of parking spaces, 4 or 5 or 6, for guest parking. And that's placed—

Right.

At various aspects throughout the complex. So everybody has a parking space. And for any guests that come in, there are guest spots to park.

Councilman Sonner, I think the real problem that we've seen is literally that subtenant, that subleasing that's going on within the unit from either the tenants themselves or the landlord themselves, where they put— they're leasing out individual bedrooms, or their tenants themselves are having their friends all come in and stay with them, and they're making a few hundred dollars a month, right? That's the kind of thing that has to be put to to a stop. And that's the thing we're really trying to do. By doing so, we're eliminating those 5 cars per unit, getting it back down to the 3 that it should be, no more than that type of a thing. So that's really where the lion's share of those excessive vehicles were coming from, where those violators—

Would you mind coming to my neighborhood and enforcing that?

Well, the nice thing is, is we have—

we have the right as an HOA to have towing companies come through, and with our HOA management company really make life miserable, just like at BYU, same thing, you know.

So, thank you.

Councilmember Spencer has a question for you.

So Jason, refresh my memory. So the parking standard right now in that—

in this PD zone is 2.5.

But what about where the— where they're at right now? The whole, the whole thing is 2.5 per unit?

Okay.

So there's a— there's 3 different types of The 3-story, the 2-story, and then there's the twin homes. All of them require 2.5.

Yeah, I think of it when these 3-story units that have these courtyards, it was great in principle. We took that from a project in Sandy where they didn't have these problems. Problem is, is they've got— they don't have full driveways in these courtyards, right? And so while the whole project meets the 2.5, these units probably Well, that wasn't going to be enough for those units, and that's where the problem came in. It was just a product that on paper looked good, seemed to be right. It didn't necessarily work out, especially when you have an abundance of people in those units.

Sure.

All right, Jason, you want to keep going?

I think that's— I think we've explained it all. But yeah, I think that's— Planning Commission did make a recommendation to amend the ordinances and then also to add the 2 concept plans and the elevations So I have a couple more questions for Jeff.

So discussing the grocery store, you've got 2 types of grocery stores, smaller one and a bigger one. I have no concept to figure out what size grocery store you're talking about.

Okay, so the first concept has a smaller format around 15,000 to 16,000 square feet. The best example of that, if you've been to it, is the New Day Grocery. up on Freedom Boulevard in Provo. Sure.

I've been to that one.

That's the size for that building right there. Okay.

And then what about the bigger one?

The bigger one is still smaller than your normal grocery store by quite a bit. It's still considered a small format grocery store, but it's the new size grocery store that most companies are going to. It's also— and this came from Associated Foods in my meetings with them— they want a 35,000-foot store to discourage additional competition in the area, which they say would do this. Now, I think that the best— okay, so the Sprouts store is probably your best example of a— sure, 28,000 to 33,000 square feet. Trader Joe's is in that 15,000-foot range.

Okay, so that Sprouts is in the Sprouts, is in that 3,000.

So that's the type of size you're looking at.

Yeah.

So I mean, I think it's evident to you and us and everybody else that that area is in great need of a grocery store. We have 8 grocery stores in the city of Orem. Most other cities have 1 or 2, and all 8 of our grocery stores are doing very well. So, you know, you would be filling a huge need right there. putting in a grocery store, and I think it would be immediately accepted. How that would play out for stopping a grocery store on 8th North and Geneva Road, I don't know.

No, it probably won't. I think the market segment, according to everybody I talked to, is really between Center Street and Center Street.

Yeah, it can support it.

But there's going to be over 30,000 residents in that area soon enough. There's already over 20,000.

So, so I'm just saying that this is something that, in my opinion, is really needed and something that will be accepted readily and quickly, and I feel like that you'll do very well with it. Hopefully to make up for the, for the lost sewer connections.

Well, it'll keep me in that project forevermore if we're able to get it done, which is good for everybody, which is good for everybody.

If we pass this, that you will move quickly on, I would hope, the bigger grocery store. I mean, that's up to you, but we have a friend behind you there that's hoping for a bigger grocery store as well.

True.

She's doing like this. Anyway, any other questions or comments from the council?

Can I just add one thing?

Go ahead, Debbie.

I live in this neighborhood, and just yesterday my neighbor says to me, Debbie, you know what we need?

A grocery store.

I said, I know, we're working on it.

So the demand— I live by Sleepy Ridge Golf Course, and so If you can get a bigger one or small one, anything is better than having to go to Walmart or WinCo.

I mean, that's our real only choices unless we go all the way up to Smith's.

So thank you for the opportunity to get one.

All right, any other comments or questions? All right, this is a public hearing, so we'll go ahead and open our public hearing open up for public comment. Anyone wishing to come forward, please give us Your name and hold your comments to 3 minutes.

My name is Byron Taylor. Unfortunately, I have to use up part of my time with some fact-checking. I live across the street from this area.

I went out on my own survey 2 mornings ago.

There are 20 cars on Geneva Road, not 2 or 3. 29 cars in the inside parking lot.

And let's just forget about that.

That's all temporary. I mean, does that make us feel real good now? Yeah, but we know that's all going away. So let's forget about those numbers.

We got 50 cars out on Geneva Road.

You know, not long ago, or a while ago, we all sat in this room while the developer told us what a wonderful thing he was bringing to our community. Fast forward to today, we find out that it had some problems. He's attempted to address those problems, but I am concerned that these problems that he is addressing on paper, and I hold that paper, and you can see I've studied this, both pages, and there's a lot of stuff in there that's got to be done, including land— 2 landlord documents, 2 tenant— 4 tenant documents, a lot of stuff. That's got to be done, forcing people to do what they really don't want to do. And guess who gets to do that? The HOA gets to do that. I've had experience with HOAs. I bet many of you have too. I found that they have a hard time doing the easy stuff. Do we really think they're going to be doing the hard stuff? And they might make a good push at first when the heat's on, but those of us in Lakeview, we have 25 years of experience of this high-density housing. We know it's a magnet for turnover. So when you add all this complexity of rules that you need to force on people, you multiply that with the high turnover, that's a big job. I'd hate to be on that HOA. And my guess is, and you know, I may be one of the older people here, and so I think that you may share my experience. If you ask yourself sincerely, do you really think all these rules and regulations are going to do the job? I would question that, and I would ask you to question yourselves very seriously if you think all this regulation is going to do it, or if we're going to be back—

well, probably we've lost our opportunity.

We're going to have to hijack a meeting like that other group did earlier to come in here and voice our complaints at that time, because Mr. Mansell won't need to come to this meeting. One last comment. I don't get it.

I don't get this.

We've got to have a grocery store there, and we've got to have a big one. We have— okay, say what you want about Walmart. We have a grocery store a mile and a half away.

Are we saying that we should have a grid of grocery stores across Orem and Utah Valley that are all spaced 1.5 miles apart?

That's ridiculous. So Please ask the developer to put the parking inside his development where it's going to do some good. Thank you.

Thank you.

Anyone else wishing to come forward?

Hi, I'm Sandy Morgan. I own 2000 that they will force me out to sell in order for this development to go through. A couple of things. The last time I was here, it was under the impression that maybe Geneva Road would be widened to 4 lanes. Provo City is telling me it would not be widened to 4 lanes. It would only go just past where the temple is.

The Geneva Road would never be wider than 2 lanes.

It'll go to 1800 South and it'll be 5 lanes.

When we went to the neighborhood meeting, Mr.

Mansell and myself—

according to UDOT, not Jeff Mansell.

What Mr. Mansell at our neighborhood meeting was under the same impression from Provo City that Geneva Road would not be widened wider than 2 lanes.

The 19 temporary parking permits that he has put in has made a huge difference, but at our neighborhood meeting he did tell us that those would go away when this went. So where did those 19 cars go?

They go back on Geneva Road.

What is going on in the corner Right across the street from 2000 is our understanding. It's a small grocery store as is that would be right across the street from this on 2000.

The neighbors—

I think it's a gas station with a fast food grocery outlet, not a real grocery store.

I was told it would be bigger than a convenience store, would be a small grocery store with gas stations.

It is a convenience store.

Okay.

So that would be right on the street. So my question is, is how many acres does this whole thing take place and is there enough parking for all of these people and all of these grocery stores, because the 19 temporary parking that is— he's— is right where that grocery is going to be. So where are those 19 cars that are currently used, that entire thing? Where are they going to go? They're going to go back on Geneva Road. If you went down when I came to this meeting, there was 17 cars parked on Geneva Road when I came to this meeting.

Sure, I think it's a work in progress, but it's much better than it's been.

As long as those 19 within the complex are still there, but that's going to go away. So the parking is a huge concern. I realize the people that don't live in the neighborhood would love a grocery store there, but the people that live in the neighborhood don't want a grocery store there. Thank you.

Thank you.

One, one thing I might mention is that UDOT is widening that road to 5 lanes from 1800 South north to University Parkway. So when you're talking about 2000, that's not necessarily being widened, but a new stoplight is being put in there by UDOT, and that's in the process. So any other public comment wishing to come forward?

My name is—

excuse me—

my name is Dennis Harrison. I live in a 55-and-older community in this community here. From my perspective, there's, there's some things that we can change and there's some things that we can't, and the development is going forward. And there, we all know that there are some serious problems that have not been addressed in the past that have caused serious parking problems and traffic problems and so forth. I have, I have conflicting feelings about a grocery store. It would be nice to have one convenient there, but obviously it will bring a lot of traffic that isn't currently there down past our street. I, I live on 1860 South, so there will be a bottleneck right when— right there next to the 5 lanes where it turns back into 2 lanes. There will be a bottleneck right at our street, and with with all of the additional, um, people that would be coming to the grocery store and the service station, I'm concerned about that. But to me, uh, on, on the other hand, it would be nice to have it right down there where we could walk to it even. Um, there, there's some things that I want to emphasize, and Mr. Mansell has addressed I think all of them, but I want to emphasize really, really much. First of all, the city or the HOA or whoever is responsible absolutely has to enforce the number of people living in the complex, in, in the units of the high-density complex there, because that is completely out of hand as it is right now. And we have the temporary parking that alleviates a problem, but that will be a problem forever unless it is strictly enforced. I also understand that at some point in time, parking, all parking on Geneva Road will be prohibited. And I'm looking forward to that because even, even the cars that are currently parked safely along that road obliterate the traffic, the visibility of the traffic coming on. So I, I do hope that you consider things and that the developer considers everything and that we put everything together so that, so that we don't have a perpetual problem.

Okay, thank you. Anyone else wishing to come forward? All right, seeing no one else coming forward, we'll close the public comment portion of our public hearing and bring it back to the council. Councilmember Larray, do you have a comment?

Yeah, um, so these new 19 stalls that you're providing, are they temporary or are these going to be permanently part of the—

Let me clarify that. So we've put in a 40-stall temporary parking lot right where the groceries— right where that building is sitting right now. When this project gets developed out, there will be 19 new stalls permanent going in. When we built the 40-unit stall, we also installed permanent another 16 stalls in on the inside at the same time. So really, those 40 stalls— Are, are, will be taken up between the 16 and the 19 that we've just been, you know, that we will install as permanent. The 16 are already in. So we put in 56 stalls within the last month. Now we're trying to get those, the rest of those cars that are on Geneva that shouldn't be on Geneva off of Geneva, and we're going to ask UDOT to help us do that in addition to what we need to do on the HOA.

So, okay, so those will be permanent.

Thank you.

Yeah, they're— those, those are permanent. And by the time the 40 get taken out, the 19 permanent will be in that you see there, in addition to other stalls with inside, with inside our project, with the opportunity to have overnight parking also within the commercial piece.

All right, Councilmember Spencer has a comment.

So Jason, can you go back to the original plan of the, the 19 units or whatever it was.

Oh, that one.

Yeah, right there. So those are all 3-story, Jeff?

Yes.

Okay, so, and right now the— so there's 19 times 2.5, right? So the question is, if you kept that concept, is there anywhere you could add parking to compensate for that?

Yeah. We, we can maneuver some of those buildings around and add more parking. We can probably add probably 15 stalls right along that street that's on to the west of them right there. We might be able to do a few other things and bring in more parking if, if we had to get— if you chose not to approve this and we stayed with what we have now. Our intent would be to add more stalls so that we can probably get closer to 3. 5 as many in that for those 19 units in and around those, if we have to go that route. I mean, and there are places that we can do that. Now recall, when 2000 South does go in— and it's not just for my project, that's Provo City wanting to build 2000 South whenever they want to build 2000 South, has nothing to do with my project— when it does go in, I have to cut off 1950 South. All that asphalt we can easily use for additional parking as well.

So I have a question for Mr. Taylor. So with the original plan, are you fine with that if they have additional parking? The original housing, 19 units.

Mr. Ansel, he used the word, he's hoping this works, and I think he chose that word very wisely.

Mr. Mayor, you've closed the public comment portion of the hearing.

I can ask a citizen a question.

I believe it's within the mayor's discretion to determine whether or not to reengage the public.

Questions should be presented to the mayor, I believe. And it's fine, Mayor, you can grant that. Just procedurally, I would prefer—

Well, I think we've had the time and I think he's given you the answer.

Well, I wanted to say, if this 19 units, because that's what it's set right now, are they fine with that if they can get additional parking? Was my only question. Okay.

Okay, thank you. Appreciate it. All right. Any other comments from the council?

So, Mayor, I just have a question that you might ask Mr. Taylor is, would he prefer the grocery store or would he prefer the additional?

Okay, but at some point we had public comment and these things should have been discussed at that time, our public comment I wasn't able to ask him a question during public comment. All right, one question and then we, we need to follow the program and not start doing public comment outside of our public comment portion. So, Mr. Taylor, you have any comment on whether you want a grocery store or not? Yes or no? Okay, thank you. Go ahead and sit down. Thank you. All right, so any other comments from the council?

So I have a question.

Yes, go ahead.

So, so these, these 19 units that you would move, you would move to the west and they would be built there?

Not 19, only 12. So I am also sacrificing 7 additional units.

So you would, you would build 12 units to the back of the complex, but he's fine with the small one.

Um, Different product type entirely.

And, and so that the parking for those units would be back there where they're located?

Yes.

So all of that parking and all of those buildings went west?

Yes.

And then if you build the grocery store, whatever it is that you build there, whatever that ends up being, that seems to me that that opens up more parking in that area than there would have been there in the first place.

That is true. There will be more parking.

All of those units are going to be farther west Farther away from Geneva Road.

Yes, that is correct.

And just to clarify, they'll have a 2-car garage and a 2-car driveway. So, you know, in reality they could park 4 cars if they chose to. But right now, if you drive out through there, those western units, you know, you have 1, maybe 2, but mostly 1 car in their driveway.

Plus, plus you had to the north There was, I think, 2 more rows of parking there that would be kind of a mixed-use possibility.

Whatever, bare minimum after hours between 9 and 6 or 10 and 6, right?

Bare minimum.

There would be more parking for residential use under that plan.

And that's the parking that's illustrated in the brown, correct, at the top of the screen there, correct?

So the parking average he has in the complex will be 2.5. That's above the 2.25 or the 2.0.

So it's above 2.5.

Yeah, right.

All right, any other comments or questions from the council?

All right.

Okay, Councilor Spencer.

So on the, on the 3 units, the 3-story units, um, if you think you can get an extra 1 stall, then you've got 3.5 and that would meet And you wouldn't be throwing your return on investment on what you've put in the ground, correct?

Yeah, we'd have to really work to, to get 19 additional, but it'd be close. We could probably get an additional stall per unit. Yeah, bare minimum have 3 per unit, bare minimum, if we decided— if you decided not to go with the other option.

All right, any other comments or questions from the council? All right, I'd like to go ahead and make a motion. I move that the City Council amend portion— portions of Section 22-11-56, PD-43 Auburn Meadows, 2000 South Geneva Road, pertaining to the approved uses in the PD-43 zone for Area B, also amending Appendix LL of the Orem City Code with updated concept plans and elevations pertaining to Area B. Is there a second?

Second.

Okay, let's go ahead and start with Jeff.

Aye.

Aye.

Aye.

I vote aye.

Nay.

Aye.

I just hope we enforce the HOA.

Aye.

Okay, the ordinance passes. Thank you, Jeff, for being here and appreciate your efforts.

Good efforts.

All right, let's move on to 9.4. This is a resolution authorizing the mayor to execute a franchise agreement between the city and Rocky Mountain Power, and our presenter is Steve Earl, our Deputy City Attorney.

Good evening, Mayor, City Council. I have before you, as was just stated, Resolution authorizing the mayor to approve a new franchise agreement between the city and Rocky Mountain Power. We discussed this a little bit in the pre-meeting, but basically we have an existing franchise agreement with Rocky Mountain Power that I went back and looked, was actually executed in 1969. So about 50-plus years ago, and it expires on November 9th, 2021. So we have been working with Rocky Mountain Power to come up with a new agreement. Basically, it's an agreement that sets forth the terms and conditions under which Rocky Mountain Power is allowed to use the city public rights-of-way to install their facilities for the provision of electric power to residents, businesses, and in the city. So unless you have any questions, I'll probably leave it at that. Maybe we have Michael Lang here from Rocky Mountain Power who may Also like to say a few words about this, if you'd like to hear from him.

Sure, come on up, Michael. By the way, this is a resolution and not a public hearing. Go ahead.

Thank you.

Michael Lang with Rocky Mountain Power, Regional Business Manager for northern Utah, from basically Nephi up to through Salt Lake City. Just wanted to express my thanks to the council and to the mayor and to the staff for your support, continued support of negotiating a new franchise agreement with the city. We're very pleased and honored, humbled to be able to continue to serve the citizens in the community of Orem. We do our best to try and accommodate in every way the the needs of the community to provide contingency planning for emergency and for continued operations in a reasonable and cost-effective manner. We haven't raised or changed our rates for the last 4 years, and we don't have any proposed change to rates for the coming few years. We continue to modify our portfolio to adjust to market conditions and do so in a prudent and reasonable manner.

And we—

I apologize—

basically need to have a franchise in place for those circumstances and those situations where we're unable to obtain private easements for location of our property on either private development or property that we own. And in certain circumstances that's necessary for the equipment or infrastructure to be placed in the public right-of-way. And so we work with the city staff and council and planning commission to be able to accommodate those facilities in a safe and prudent manner. And I'd be happy to answer any questions that you might have to provide clarification. But again, just want to thank you for this opportunity and express our sincere appreciation for the City of Orem and Your continued support.

Councilor McDonald has a question, please.

Gentlemen, thank you. How long is this one? Since the last one was only 52 years, how long have we— We'd love another 50 on this year.

This one is 10 years. Okay, which is a relatively short duration. You know, the idea is, you know, we don't expect a lot's going to change in 10 years, but in case something does, we have the opportunity to review it and make modifications if need be during that time. 50 years is a long time to go.

So I'm having a chance to change them, but I might have known the man.

So in the next 10 years, we may not need electric lines anyway. Councilmember Larray has a question.

So generally we get franchise fees, and you've said you've held the same. So are we going to get the same amount we've always got from this utility, or will there— is there any change?

So basically, the city currently collects, I believe it's 6% of Rocky Mountain Power's gross revenues through the Utah Municipal Energy Tax Act, if I'm saying that right. So there's no additional franchise fee on top of that. And under state law, we can't charge anything extra. That's basically—

We don't set that rate. That's set by the state.

Yeah.

The state actually says the maximum you can charge is 6%. You can do less, If you choose to, but we've chosen to do that.

That's just going to be as, as it always has been.

Yeah, right.

Okay, that was the only question I forgot to ask earlier.

Any other questions or comments from the council? All right, this is a resolution, and so I'd like to make a motion. I, I don't want to make a motion.

Why don't I make it since you're going to be a signer? Is that okay?

That's why it's going to change. I'd like to have a member of the council make the motion. So go ahead.

Yeah, I, I make a resolution that we authorize Mayor Richard R. Brunson to execute a franchise agreement between the city and Rocky Mountain Power, as has been explained to us.

Is there a second?

Second.

Okay, Jeff, we'll start with you.

Aye.

Aye.

Aye. Aye.

Aye.

Aye.

Okay, that resolution passes. Thank you.

Thank you.

Appreciate it very much. Thank you, Steve. Jamie, do you have anything you wish to bring up?

Okay, Mayor, can I bring one item up?

Yes, go ahead.

Can we just tell these folks that we are going to investigate this?

I think—

I'm sorry to make you wait to the end of the meeting, but we will ask staff. Jamie, will you assign someone in the staff to look at the sinking house issue that you brought up? I'm sure I didn't cover everything as eloquently as you did, or as your counterpart there held up signs and pictures for. Thank you very much, ladies and gentlemen, others who might be interested, put But we've got to find out where the responsibility lies, and our city manager will take a responsibility for researching that. Okay.

Thank you, Tom. I'd like to move that the city council adjourn to the city council work session room for a little birthday party. Is there a second?

I'll wholeheartedly second that, Mr. Mayor.

All in favor say aye.