City Council · 2021-12-14
Orem City Council - December 14, 2021
Agenda items and what happened
| Item | Outcome | Source |
|---|---|---|
| UPDATE - Watt Smart Commission work session |
discussed only | p.1 |
| APPROVAL - 2022 City Council Meeting Schedule regular session |
approved | p.4 |
| RESOLUTION - Authorizing the City of Orem to Participate in Settlements With Distributors and Janssen to Abate the Opioid Pandemic regular session |
approved | p.4 |
| RESOLUTION - Adopting the existing Voter Participation Areas as previously adopted by Resolution 2019-0025 regular session |
approved | p.4 |
| RESOLUTION - Fiscal Year 2020-2021 Audit Report regular session |
approved | p.4 |
| PUBLIC HEARING / RESOLUTION - CDBG Projected Use of Funds for CARES Act CDBG-CV Funding; Substantial Amendment to 2019-2020 Annual Action Plan regular session |
approved | p.5 |
| PUBLIC HEARING / RESOLUTION - Creating a Residential Parking Permit Area in the Orem High School Neighborhood regular session |
approved | p.6 |
| PUBLIC HEARING / MOTION - Ratifying Resolution 2021-0019 Creating a Residential Parking Permit Area in the Sunset Heights Neighborhood regular session |
approved | p.7 |
| PUBLIC HEARING / RESOLUTION - Adopting the Updated City of Orem Parks, Recreation, Trails and Open Space Master Plan; Amending General Plan Appendix G regular session |
approved | p.7 |
| PUBLIC HEARING / ORDINANCE - Enacting Section 12-5-14 Massage Establishments of the Orem City Code regular session |
approved | p.9 |
Items and outcomes were extracted from the agenda and minutes by Claude (Anthropic); each links to the minutes page. The minutes are authoritative.
| Motion | By | Result | |
|---|---|---|---|
| To approve the Consent Agenda as listed. | Debby Lauret 2nd Brent Sumner |
✓ Passed | p.4 |
| To by resolution to accept the Fiscal Year 2020-2021 Audit as presented. | Richard Brunst 2nd Tom Macdonald |
✓ Passed | p.5 |
| By Resolution to accept the projected use of funds for the CARES Act CDBG-CV funding and consider the approval of a substantial amendment to the 2019-2020 annual action plan. | Richard Brunst 2nd Debby Lauret |
✓ Passed | p.6 |
| By Resolution to create a residential parking permit area on designated streets in the Orem High School neighborhood. | Richard Brunst 2nd David Spencer |
✓ Passed | p.7 |
| To Ratify Resolution 2021-0019 creating a Residential Parking Permit Area on designated streets in the Sunset Heights neighborhood. | Richard Brunst 2nd David Spencer |
✓ Passed | p.7 |
| To approve the Resolution adopting the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan and amending the Orem City General Plan to include the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan in Appendix G. | Brent Sumner 2nd David Spencer |
✓ Passed | p.8 |
| By Ordinance to enact section 12-5-14 Massage Establishments of the Orem City Code. | Terry Peterson 2nd David Spencer |
✓ Passed | p.9 |
| To adjourn the meeting. | David Spencer 2nd Brent Sumner |
✓ Passed | p.9 |
It's all ready when you are, Mayor.
All right, let's go ahead and get started with our work session here today. Appreciate everybody being here, and Nate Prescott is our lone presenter at the moment, and he's going to talk about Watts Smart Commissions.
Jeff's on.
Jeff, do you hear us okay?
He was muted.
Yeah, I can hear you just fine. Thank you.
Cool.
Thank you. Thank you, everyone. So I'm Nate Prescott. I'm the economic development analyst here at the city. So one of the special projects that I got was this Watts Smart Communities project. And so This is our update on OREM's Wasmart Communities project. We presented to you about a year ago, it was virtually at one of these meetings, as we were starting it and what our vision was for putting it all together. And now we've finished all of our meetings, we've got our final report together, and we're ready to start implementing some of the goals that we outlined in our project. So I'm going to go through it. the whole process and, uh, um, and give you our next steps and everything.
So do you want— there's somebody in the waiting room.
Do you want them admitted?
Lisa Benson, Landmark Design. Is she going to be part of the agenda prep? Well, no, she'll be— she's the last item on the agenda. Okay, yeah, alrighty.
OK, so here's our agenda, just so you know where we're headed. We're going to go through the history of the project, what sparked it, and what we did to craft this whole report. We're going to go through the priorities that guided it, and then we're going to go through our report breakdown, which I gave most of you a copy of the report, our report draft, and then we're going to talk about the next steps. So this endeavor came from the energy improvement reports that we did with Siemens over the last 5 years. We had 2 reports done and we were able to find some big opportunities for savings. We replaced all of our, all of our streetlights with LED lights. We made a lot of facility improvements, things like that, that saved the city a lot of money. And so in the same vein, we wanted to— just like how we didn't know about those opportunities before we learned about them, we wanted to be able to inform citizens, businesses, development, construction, about ways to be energy efficient and save money.
So, uh, you mentioned that we did these other things with LED lights, etc., etc. Do we have a report that we actually did save money? Um, you know that information?
Yeah, we do. We actually did an audit for 2 years where Siemens comes in and does an audit. We actually have to pay for that audit, believe it or not.
Okay.
But it did show that we were meeting those standards. Okay.
So because we are, we are no longer doing that audit.
Yeah, so the cost of the equipment is is more than paid for by the savings, is the net of that.
Correct.
Thank you.
Yeah, and there's some of those highlights are in this project as well, because we use that as like the basis for this. So one statistic that I know is that by changing our streetlights, we saved around like $250,000 a year. So that's a huge improvement and huge weight off the taxpayers. So that's just one aspect of it.
Thanks for your question.
So, for the history of it, that's how we— that's what sparked this. But so, as we started crafting this project and this, this report, we brought in representatives from all over the community. We had city representatives so that we could talk about what kind of improvements are feasible at city facilities, those kind of conversations. We also had businesses, citizens, all kinds of different people to represent the diverse nature of Orem. And then we had people from Rocky Mountain Power so they could give us insights into the programs that are available, all that aspect of it. So that's how we kicked off this meeting. We had 3 2-hour meetings, and then we have lots of surveys, reports, emails, all things going on back and forth in the meantime. But so we just wrapped up the last of those 2-hour meetings a couple months ago.
And so—
Sorry.
Yes, we brought all these people together. We had all these meetings. We talked about benchmarking where we're at with the city and how we can move forward and what does everyone see as our goals for the future. If energy efficiency is important, How do we make these things happen? And so we brought in these people to give us insights and help us pick what we wanna do for our goals. So our priority going into this, a big priority was saving people money. If energy efficiency translates to cost savings, that's something that we want to pass on to our residents, our businesses, construction, everybody else. So we want to help people save money. We wanna help these small businesses save money. So that was a huge priority. And in doing it, education was the main vehicle for this. We want people to know about the resources that are out there so that they can make their own choices and hopefully save some money. So for our report breakdown, as we dig into this report, I'm just going to give you a high level of everything that's in it. All that information is in there, and please feel free to reach out to me later if you want to talk about any of it or you have any questions. So the beginning of this report, it set the stage for energy efficiency by educating us about our energy use.
benchmarking.
And as you can see from this, this from Figure 1. So Figure 1 is our example. We can see that Orem businesses have taken advantage of energy-saving programs, with the exception of 2019 and 2020. That's mainly because of COVID People didn't want to— they didn't know what the future was going to hold. They didn't want to invest in some big projects. So that's kind of a That explains that year. But so we can see that businesses are taking advantage of this. That blue line right here—
sorry—
is businesses increasing their use in energy efficiency programs. The red line is residential. The interest has been relatively low, and I don't know if everyone else is the same as me, but it's probably from lack of information about the resources. People don't know what's available to them. So we want to rectify this issue. We want to educate and inform citizens and businesses about the opportunities available so that hopefully they can increase their energy efficiency and save some money. The strategies that we came up with, knowing this benchmarking data, the strategies that we came up with were the things that we want to do in the future. This is what, like, our action plan is: residential outreach and education, new construction outreach and education, Explore energy efficiency financing programs for small businesses. Find ways to incentivize energy action in new construction. Increase energy efficiency projects in city facilities. And explore ways to implement renewable energy in city facilities. Do any of you have any questions about any of these? Like I said before, these are strategies. These are as the right time comes available, as we're interested in looking for things to do in this arena. These are opportunities already ready to go, so we have strategies for them already broken out in our report. All right, so for our next steps, uh, we're mainly focused on education, education and outreach. We're going to start implementing, uh, energy efficiency information in our social media campaigns, in our in our newsletter and our emails to businesses, things like that. We're just trying to give everyone the resources that they need to make some informed decisions. Another aspect, flyers for new construction. We hope to be able to— when a business comes in and they— or someone comes in, they want to— they want to open a business license or they want to do some kind of construction, hopefully we have some flyers available that we can say, hey, these are ways you can save money. And have our staff trained on, on those opportunities so that they can recommend them and have a conversation about them to the interested parties. The last next step would be research. We just want to continue to find ways to improve and offer the newest and cutting-edge opportunities for improvement and energy efficiency to, to residents and businesses and construction. So So that's our WattSmart Communities project.
We've—
this is our final draft, and so we wanted to present it to you. Are there any questions?
Yeah, a comment and a question. Okay, so this is great timing because I got a phone call from a resident last night, and I said I'll find out tomorrow. Okay, his concern was we've got the LED lights all, you know, along our city lights now. And he wanted to know why a lot of them were out, and I didn't know if that's on purpose. And I said, tell me where. And he said, okay, uh, 4th West, he said there's 4 or 5 lights he knows are out. State Street, he was naming lights, and he said 4th East. Oh wow. So I don't know.
Yeah, um, I'm not aware if that's a strategy or if it's just, uh, the lifespan of the lights or what.
If I may, um, Chris is not here, but A lot of it is supply chain issues. So a lot of those LED lights and the work that we need to do on them require replacement parts. We haven't been able to get replacement parts. There are other pieces of it, especially around 4th East, where we are in the process of replacing old streetlight systems with the new streetlighting systems. And we actually need to have Rocky Mountain Power be the ones that hook and unhook them, and they haven't gotten to it. So those are some of the challenges.
State Street?
State Street, uh, I don't know about State Street. I'll have to check with Chris, but I do know about the 4th East and 4th West issues, and because I've talked specifically to Chris about those issues. Some of them are related, like I said, to supply chain. Other are related to the work that Rocky Mountain Power needs to do. But I'll be happy to follow up on the street lighting issues.
Because I told them I haven't noticed anything. And then the other part is, so as a resident, how can I say—
what can I do to save power on my own? I mean, what—
Yeah, so my grandkids, will you please turn off the lights when you leave the room?
Yeah.
But anyway, yeah, so some aspects of this are going to come with further development of this project as we work with Rocky Mountain Power and they kind of inform us about more of the programs that are out there, but I know of some that there's like, uh, that instead of putting solar on your house, that there are solar farms like out in the desert that you can, instead of going off the electrical grid, you're buying your power from the solar grid and that that's cheaper in some cases. But there's more information. I'd be happy to follow up with an email and give you some actionable actionable ways people could save money on their electricity. But that's— we're crafting that information in that campaign to go out into the future.
Yeah, I— so the strategy R1 residential outreach, my concern, um, specifically promote the benefits of each and the availability of related programs. So if we're trying to push that HB 411 As an opt-out program, I'm not for that.
So, um, that's not— that's not part of it.
I just want to make sure.
Yeah.
I don't want—
Yeah, yeah, that, that hasn't been part of it.
Hey, you can opt in and, you know—
No.
Yeah, I understand, I understand educating, that's great, but I don't want to see that at all.
So yeah, just so you know, Dave, that ship sailed a long time ago.
I just want to make sure you were not on it.
It concerned— it concerned me right here, so that's fine. I'm glad we missed the boat.
Well, we had some, some discussion during a political campaign where the person was saying that it was actually opt-in and it's actually opt-out.
Yeah.
So it's my understanding we are no longer involved.
So we educate them. It's like, okay, if we're selling this opt-out program, to me, that's— we're not doing it.
No.
Yeah, I understand. That's, that's not—
Loud and clear.
That's my— at least my—
Yes, that's right.
The council decided not to proceed forward with that. That's when we actually engaged with Rocky Mountain Power, and the discussion was, well, if you're not interested in this, there are programs and assets that we have that we can work with you to educate our customer base, which is your customer base, so that they can benefit from energy-efficient savings. So For us, there's nothing out of pocket. For us, there's no— I think that was— There's no costs. But we are, for example, engaging and participating in promotion of Rocky Mountain Power's Sealator refrigerator program and replacing incandescent light bulbs and encouraging people to change their thermostats. And they can qualify for incentives and benefits through Rocky Mountain Power. Not through the city. So it doesn't mean you gotta— but so we bring in, for a company, we bring in lithium batteries, and they've got this whole thing that they have a battery pack and it's a little solar thing on the roof, and they power their whole business from just this thing. And it's, you know, it's not that expensive. So I'm thinking those type of things, I think that we could educate, and I can get maybe some information. So we're not expending any city money in doing this other than some incidental stuff. But it's more focused on trying to educate and encourage our residents to leverage the resources and the opportunities that Rocky Mountain Power have for their customers. Because every customer on the Rocky Mountain network actually will pay a fee and does pay a fee for essentially the promotion of Rocky Mountain Power's energy efficiency programs. We just want our residents to benefit from the fact that these programs are available. And maybe we take a look at this company and say, hey, we can offer this, maybe a bypass of Rocky Mountain Power, which they probably wouldn't like, but that's an option. We actually meet with Rocky Mountain Power, and Kathy and her team have actually met with businesses in cooperation with each other, and they talk about, okay, how can we help you reduce your load?
My understanding is Rocky Mountain— I think we had a Rocky Mountain power audit at one point where they said, you know, put better stripping on these doors. They even paid for a couple of things. Yes, you know, they'll tell you what you need to do in insulation, and then you do a cost-benefit analysis.
Right.
And so, um, I think, you know, in cooperation with them, but not a heavy promoter. But yeah, you ought to be doing something to save your power. And I don't know how many have solar panels, and that's a little bit more expensive than maybe— certainly more expensive than putting new weather stripping around your door. But they'll give you A to Z options. And hey, I can't afford the XYZ, but I can afford the ABC, and they'll help you with that. So I think that's what you're driving to.
Is that true?
Yeah, absolutely. And, uh, you know, this comes to all 3 of the points so far, is that we're, we're entering the phase now where we're getting our, our education materials all together so that we can have a, you know, a binder of like, these are different options depending on what where you live, what type of house you're in, or business, the size of your business, that there are options available and we'll have them all together ready to go. So maybe it's the batteries, solar power, all that kind of stuff.
I mean, would it be beneficial to have a council member on this? Who does the educating? Rocky Mountain or the city?
Yeah, it would come from the city.
Yep.
It will actually be going forward will be mostly Nate and I will be doing assembling the education to pass out. So that going forward is just an information effort essentially.
Yep. So will that be inserted in like a utility bill or like on our social media?
What's that?
Yeah, all options. Yeah, hand it out. We can go door to door.
Yes.
Yeah, that'd be great.
All right, got it on record. So Nate, on your list there earlier, you have items 5 and 6. You had city facilities.
Yeah.
And I was just going to say, I had a gentleman come into my office, a consultant, and he stated that if in fact this building were to be demolished and replaced with parking, and we had covered parking with solar panels on top, within 10 years all of that would be paid for by the energy savings, and then you would have renewable energy On top for the life of the facility here, for the city facilities. The other thing that would be nice that goes along with that is, like in a new facility, you can put in automatic dimmer switches that they change and go up and down. So like our lights stay on a lot, but this would make it feasible where we'd save a lot of energy and our energy would be renewable and would pay for itself.
Yeah, I'll follow up with you about that.
Yes, you notice most new buildings are putting, uh, you know, carports, if you will, in their parking just to have a solar panel, which is—
Yeah, that's what I'm saying. Yeah, that's what a lot of people— after 10 years, it pays for itself, and then your building is energy, no problem.
Thank you for coming.
Anything else?
Thank you.
Hey, appreciate it. All right, uh, let's go ahead and move on to our agenda review. Um, so we have, uh, Jane and Kate Schallenberger. Who asked them to come?
I did.
You did? They're doing the prayer. Okay, are they young people, or—
I think one's a mom and one's a kid. I talked to the dad and he gave me the name.
David's wife?
Yeah, David's family.
Could be 2 children.
Okay, cool. All right, then we have our mayor's report. Uh, we'll move on to personal appearances and then move on to our consent items. Consent items are the approval of meeting minutes of November 23rd, 2021, approval of the 2022 City Council meeting schedule, um, I did not see the retreat on there. Is that a scheduled date?
Yes, scheduled for January 7th. Okay, we're working with, uh, Jody and Rosie for the retreat with Marillac Young playing together. And the location? It's at Zermatt. Okay.
All right, the next one is a resolution authorizing the City of Warren to participate in settlements with distributors and Janssen to abate the opioid pandemic. Does everybody understand what's happening there?
Can you remind me? I'm not sure if I—
So what's happening is the state of Utah is going to receive, I don't know, $170 million or whatever from those people who have made some of the drugs and the distributors, and then that's to come back to us to alleviate or help with the problems. So by participating in the settlement, we should be in line to receive some of that money. Now we don't know how much yet, but that will—
So we're on this boat?
This ship has sailed.
Is this money for like addicts who are, you know— It goes— it will mostly go to the county for treatment and education programs. Whether or not any of the dollars actually find their way to us as an entity is questionable and probably unlikely.
But we want to be ahead of the game.
Yes, and the more cities that participate in statewide census, the more money the state of Utah gets. So we're, you know, we're playing nicely doing this.
Well, and I'm certainly all for, you know, helping people, you know, have a problem.
So I'd say no citywide, we have greater programs.
Okay, the next one is a resolution, uh, adopting the existing voter participation areas as previously adopted. And why are we adopting them again?
So, it's Jody here.
I guess I'll take this.
Okay, yeah. Back in 2019, the state legislature required us to create voter participation areas for the purpose of determining whether or not initiative and referenda apply, qualify for the ballot. Under that same statute, we're required by state law to update our voter participation areas based on the 2020 census numbers. Well, due to the delay in the census, the county hasn't gotten us our numbers yet. They're doing their best. It's a countywide problem. So in order to comply with the statute, we're just re-adopting the voter participation areas that the City Council approved in 2019.
Which was option number 2.
Option number 2. And as soon as the numbers come in from the county, we will bring a new resolution before the City Council. to adopt new VPAs, um, and if there are any necessary changes. But because they're based on the population of the precincts, we can't do it without those numbers from the county. So this is just a belt and suspenders approach to make sure we're complying with the state statute.
Okay, everybody okay with our consent items? Okay, um, on scheduled items, the first one's the resolution on the 2020 One audit report. The next one is public hearing on the resolution on the CDBG funds. Ken and Joe Matthews will be involved, and Ken Ransom. Next one is a public hearing on a resolution creating a residential parking permit area on designated streets around Orem High School. They had done a survey that people had signed requesting this happen. It's a good idea. Next one is a public hearing on a motion ratifying the resolution of 2021-2019 creating residential parking permit around Sunset Heights. We had done that already, but it was done incorrectly, so this is correcting that and doing it correctly. Is that right?
Yeah, we failed to hold the public hearing. It was, it was noticed properly, We just— there was no oversight. We put on the consent calendar and we should have held a public hearing. So we're going to hold the public hearing tonight, and then if a member of the City Council just wants to, by motion, ratify what we did back in June.
Sure.
So 9.5 is a public hearing resolution adopting the updated Warren City Parks Recreation Trails and Open Space Master Plan and amending the general plan to include this. And Lisa will be here from Landmark Design.
Yep.
And then we have a public hearing at 9.6, which is enacting a section on massage establishments in the City of Orem. Steve, anything you want to say there?
Yeah, we just talked about this in a work session a few weeks ago, so I won't go over into too much detail again, but just to let you know, there are just a couple minor changes. One is just a numbering correction, and the other one is Designated a couple of the violations of this would be considered a nuisance, so it could be prosecuted under the nuisance code as well. Correct.
Does that give us more teeth than we had before?
It just gives us another option. No more teeth.
Speaking of the question on that, you know, with the vaping thing, we, we limited the number and the number was less than what the current number of vaping stores were, hoping that when people come up for review of their licenses, if they're not in compliance, they're out of here.
Yeah.
Is that not something we could consider with the massage parlors? It is embarrassing to drive up and down State Street to see Honey's Massage Parlor open 24/7. And then the others have cute little names like that. I mean, that's, that's terrible.
Yeah.
Yeah, it is something you could consider.
I mean, the problem is there's a lot of very legitimate and positive massage establishments too. So you hate to, you know, make it impossible for a good new massage establishment to come in. But what this is designed to do is to weed out the bad ones, you know, the ones that are doing illicit behaviors. And hopefully that's, you know, enforcement efforts will be able to do that.
Because that's the, that's the ones that probably are not as good at keeping— Massage Abby, I'm sure, probably has a current license, does everything you're supposed to do. But Honey's Massage Parlor—
You seem to know all their names.
But those are the kind that I doubt they're currently under licensing, or if they are, You know, there's got to be some.
Obviously, you drive up and down State Street, you can see some that raise questions in your mind. Of course, those will be the ones, you know, and we do get like complaints on a fairly regular basis where people have gone in and have been solicited. I think we'll be taking enforcement efforts against those kinds of places.
But couldn't we reduce numbers and still not affect legitimate massage parlors?
Well, the problem is if you put a cap on and say less than what's already there, then if you have a new establishment that wants to come in, they can't come in because the numbers are capped and they would go over the limit that way. That's the difficulty.
Unless we got rid of half a dozen of those others.
I mean, my recommendation would be let's, let's put this in place and see how our enforcement efforts go and see if we're able to be successful in reducing some of this illicit behavior.
So what, what, what changes from what we were at yesterday until to what happens tomorrow with this, uh, new section?
With regard to the whole ordinance?
With this ordinance, what's going to change?
So, uh, what this enables us to do basically is revoke basically the licenses of establishments that are committing violations. In other words, if they have people who are performing massages without a state license, or if there are people who are operating, uh, you know, basically acts of prostitution, then it gives us the teeth to be able to revoke their license, put them out of business.
Okay, where before we couldn't do that, right?
There was no provision, there was no mechanism to do that. Legal and non-legal. Yeah.
Okay, we'll move on.
Um, Jamie, do you have anything to mention? I don't have anything really specific other than The state legislative session starts on January 18th, so we are gearing up for discussions, continuing discussions about housing and housing affordability, the use of retail incentives as, as a means to entice and lure big box retailers into the city.
And would the CDA be considered one of those?
that is part of the discussion, in fact, eliminating retail incentives.
So if that was eliminated, we could have never done what we did with the mall?
Uh, no, because I mean, this relates to sales tax primarily, but yes, it would have, it would have some impact.
And Jenny, you didn't see the thing that said you're not assessed for units?
Yes, yes. And that is, that kind of speaks to A number of years ago, we— the legislature passed what they call SB 34, which dealt with moderate to low-income housing and essentially density. And what am I forgetting, Heather, in that? But they required, as part of SB 34, they required the city to meet certain obligations as part of its housing plan. Now they're coming back. And part of what you shared with me is what they're now, I guess, identifying as SB 34+, where they are kind of upping the ante and requiring cities to do more as it relates to housing affordability, and in addressing things like housing availability. And/or charging licenses, which we— Correct. Part of the discussion involves licensing, whether or not you can everything from whether or not you can charge for license to whether or not an accessory dwelling unit can be charged an impact fee, right? Those are all part of that overall discussion. So, Jimmy, uh, I think in the previous court session, uh, I asked that maybe we get some of our legislators together. Are we able to look maybe sometime in January? Yeah, I'm trying to do that specifically. I'm trying to reach out to Senator Jake Andraeke, who is the— so he is kind of the Senate-appointed guru on housing, and he is the one who leads a state housing commission. And my hope is to get at least some— obviously he's very busy with the holidays, and they just, you know, they're not necessarily as available as they generally are, but he is, he is the one that I think we should have a conversation.
One thing I might mention, I, I took him out to lunch and talked about our city, and he said he would very much like to meet with our city council to discuss what the legislature—
And I think the, you know, the local— Oh yeah, we would invite them. Yeah, because, you know, the thing is, they're out there, you know, they're voting for it. It's like, yeah, you know, so that'd be great if we could be 11th or something. Or we can even have a special one. Yep.
Can I make a comment on retail incentives? As a former economic development director, one of the main things before you even do incentive, you have to look at job creation. And I would never do a project that didn't have decent job creation. Retail jobs by themselves are not known for being high-paying jobs. So unless there's other reasons, redevelopment, whatever, I don't like giving the farm away for a $12, $15 job. What you want to do is more like the Adobes, or, you know, people are going to bring in— I'm saying maybe over $50,000 jobs. So if we were to lose some retail incentives, it's not tragic unless—
the only thing I don't like about losing is losing a tool.
But the job creation is a very important component. So I would tell We're not going to incentivize a Target or, you know, Walmart may come in based on the number of rooftops. Unless, like, unless there's an area you really want to— I don't know, light, or there's something you want to redo.
The current proposal is more cut and dry. No, no retail incentives.
It's not tragic.
But there are, there are a number of legislators, from what I understand, that are willing to have some level of negotiation and qualify that. But the suggestion is that retail incentives serve as a disincentive in the city— in the state's efforts to build additional housing.
Oh, housing.
You're going to bring Adobe back to Harm? Is that what I heard you say? No, but I'm telling you, after she comes—
that was a project worth a lot of Their average job was $90K. I spent hours working on that. But the fact that it landed regionally was great for all of us because those Adobe employees will no longer spend it all alone.
You need to bring them back home. And just the last issue that will be, uh, and directly relates to us is public safety retirement. And there are discussions within the state legislature to make changes to what we call the Tier 2, the Tier 1 and Tier 2 retirement system, Tier 2 being for employees hired after 2011.
Yes.
The, um, I guess the bugaboo with that discussion is it comes along with about a $165 million price tag, unfunded liability that obviously carries with it a question as to if we make certain changes in the long-term. How do we fund and how do we sustain a retirement system that is essentially in need of $165 million to ensure that whatever we put in place for retirees is something—
And they want the cities to pay for that.
Well, and that's the problem. So the state, the state subcommittee that reviewed this legislation and passed it out of committee, but there had yet to be a fiscal note tied to it. So all of them, as, as I understand, were supportive of making changes to retirement systems, but they didn't understand, or they didn't necessarily have an understanding as to what the cost might be. Right now the cost is, in short term, $41 million to just implement the changes, and long term It's about 165. So it will be a topic of conversation, and obviously it does impact cities much like the retail incentive discussion and the housing. And very much appreciate Heather and her team and their efforts up at the legislature and our ongoing relationship with retail agencies and towns that is monitoring all these issues and has been good to all the city around many of these negotiations.
And your hair may start to get grayer every year.
You know, Mayor, in the last year it's gotten pretty gray.
We appreciate what you do.
All right, if nothing else, uh, let's go ahead and move on to our meal. And, um, Terry, could you give us a prayer? Our Heavenly Father, we're thankful for the opportunity to meet together this evening.
We pray that this food will nourish and strengthen us, and we pray that we have thy Spirit to bless us, that we will make decisions that will best— in the best interests of the citizens of our city. We're grateful for the opportunity to serve, and we're thankful for the service of Brent and, uh, and Mayor Brents, uh, during these past— their past time to serve us. And we pray for them at this time, and we say this in thy Son Jesus Christ.
Amen.
Amen.
I had talked with, uh, the guys from UVU and, uh, they met with Steve this last week to talk about parking issues, and they're adding some parking. They're helping some parking spots on this side. And about half—
this is interesting— about half their classes will be online in the next year.
So it's a part of it, it's COVID, it's part of this kind of direction going.
So some of that is helping parking issues and transportation issues.
The rest of stuff, you know, I can pop that over to you.
Cool. All right, if we can go ahead and move over to the council chambers.
It's not going to help us get kids out of our faces.
They require us to have 75% of them in classes.
Really?
No, it's going to go to 25 now. Yeah, well, that was impressive.
Well, let me embarrass you.
I think they're telling you I'm misinformed. But if the class is in person, does that mean the student has to be there and can't be watching?
Okay.
Yeah, they don't want— all right, so they don't even offer a virtual— 25% of it is always— so they won't even offer students a The option is virtual.
Well, if they're in the first 25% of Britain, yes.
Yeah.
But I'm saying like an in-person class having recorded option, like recording the lecture and— Okay, okay, okay. Oh, sorry.
No, you're good.
Didn't mean to run you over.
The sound was a little weird.
The sound was?
When he was explaining the retreat, I couldn't hear a thing he was saying. Breaking in and out.
Yeah.
And then I heard him later when he was talking about the legislature.
Okay.
Just so you know.
Okay.
Seemed a little like breaking up.
No, good to know.
Hey, would it be possible for me to work from home tomorrow?
Yeah.
Everything okay?
Yeah, I just— I'm a little buried with—
if I could lay it out on the table.
I have my computer right there.
Like a project for work?
Oh yes. What I mean, like, would you like a carton?
Well, I'm just saying, like, is that working?
I mean, do you need to work from home?
Take the day off?
I can work from home. I can do both because it's so quiet right now. Yeah, I'll have my computer with me so I can work. I can do whatever I need to.
Okay.
I'm waiting for Lenee to get labels, actually. Yeah, you tell me what she'd rather do because I can do—
sorry. Test, test. Testing. The microphone. The microphone. That's great. How are you?
We would like to welcome everyone out to our City Council meeting this evening, and I would like to call this meeting to order. We'll begin with a prayer to be given by David Shallenberger, after which the Pledge of Allegiance will be given by his granddaughter Kate Shallenberger. And we'll go in that order. Our dear Heavenly Father, we're grateful that we can gather here on this weekday evening and to discuss things pertaining to the city, and we ask for a special blessing to be here with us tonight, and we're thankful for these elected officials and volunteers that give up their time to work towards a better Orem.
And we ask for a special blessing, uh, this holiday season, that we may have a kind spirit throughout this season and into the next year.
And we say these things in the name of Jesus Christ, amen.
Amen.
Please rise. Please repeat the Pledge of Allegiance with me.
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
No, no, I just made a mistake.
So thank you, Kate, and thank you, David. By way of correction, Kate is Steve Shallenberger's granddaughter and David Schallenberger's— Steve Schallenberger's granddaughter and David Schallenberger's daughter.
Sorry.
Okay, let's go ahead and move forward. Under the mayor's report, we have some recognitions for staff and would like to call forward the people that want to make the recognition.
Mayor, can we please invite Mr. Gordon Haight forward? Yes.
If you want to turn your microphone on there, just push the button. There we go.
Great, thank you.
You bet.
We, we, Mayor and Council, we sure appreciate the opportunity to come and present tonight. I brought with me Jeff Baker, who was one of the commissioners for the Independent Redistricting Commission here in the state of Utah. And it was really a lot of time and effort to draw maps in, and we found that it was important to get volunteers. And so we wanted to tell you what kind of employee you have working for you here at the City of Orem. And so I'm going to turn the time over to Jeff to do the award.
Good evening, Mayor and City Council, and to the greater Orem community as well. Thank you for having us tonight. We would like to take a moment to express a very huge thank you and appreciation to one of your employees, Roger Dunn, and I understand he's hiding in the back here. Roger, come up, please. Is this working here?
Yes.
Roger, come on. Roger, come over here. So I'd like to— Roger volunteered with the Independent Commission for several months. The call went out, I think it was back in May, for GIS volunteers to come and help us out. I think we ended up with 7 or 8 volunteers from across the Wasatch, Roger being one of them. The work involved that Roger did for us was to sit down with the other commissioners and myself during the actual redistricting process, and Roger would operate the software. And the software was fairly tricky to learn, and even though Roger's outstanding in his GIS background, he had a lot to learn. But he did, he did a great amount. He spent hours with us, many, many hours, and I don't know the total number, But it was indeed a lot. Um, I, I recall every time I drive in the parking lot, I was hoping to see a car there with City of Orem tagged on the side of the car, and many times I did, and I'd say, Roger's here, great, we're in good hands tonight. Um, we have a, a citation for Roger, a an award to give him. So let me share or show this to you.
Wow.
I'd like to read the citation to you. To Roger Dunn, in recognition of your service and dedication to the people of Utah and the 2021 Utah Independent Redistricting Commission, Your effort and sacrifice helped create opportunities for all Utahns to have a voice in the redistricting process. So Roger, on behalf of the Utah Independent Redistricting Commission— and Gordon, come on over— we'd like to present you with this thank you.
Wow.
We give him a round of applause.
So thank you for letting us be part of your meeting this evening. And once again, thank you for having such a great employee who volunteered many, many hours with our organization. Thank you.
Thank you.
Wow.
Thank you, Roger. Appreciate that. Thank you, Gordon. We'd now like to have Owen Jackson come forward. And Owen, you're with the Utah City County Management Association?
Yes, I am, Mayor. Okay, Mayor, Council, thank you for your time. I'm representing the Utah City Management— City County Management Association tonight. And I'm here to recognize 2 of your staff members who received their ICMA, which is the International City County Management Association, Certified Manager designation, and those 2 individuals are Stephen Downs and Bren Bybee. So I guess I would invite them to come on up so we can embarrass them a little bit.
Sure.
Um, but what the Credentialing Manager is, is it recognizes professional local government managers qualified by a combination of education experience and high standards of integrity through assessment of committed lifelong learning, learning and professional development. In order to get this designation, you have to have a certain number of years of experience along with education. And then you have to maintain this certification through at least 40 hours of training each year and then submit a report to ICMA. So with that, also, Bren and Steven are 2 of only 22 managers in the state that have this designation. Mr. Davidson is also another one that has it. So Orem is in good hands to serve you, the council, and your residents. So with that, we just want to recognize Bren and Steven today for receiving that designation. Thank you.
Give them a round of applause.
Thank you, Mayor, Council.
Thank you. Appreciate it, Steve, Brynn. We'd now like to ask Lori Thomas to come up from the Orem Kindness Committee.
Hello everyone, I'm very excited to be here. I'm actually here for you, Mayor Brunstad. We want to award you an award from Kindness Week. You were nominated for our Kindness Ambassador Award, and, um, when I was 14 and I first brought you the idea of Kindness Week 6 years ago, I'm so happy that you chose to run with it, even though I was so young and inexperienced and just full of conviction that this is what we needed. And I know that you were also full of that conviction, and that has carried throughout this entire 6-year process. And now on your last year, we want to honor you. From Orem Kindness Committee and the Kindness Week chair, um, we want to present to you this Kindness Ambassador Award. We also have a lot of amazing coupons from our sponsors to give to you.
$10,000 gift certificate.
Absolutely. Um, in this recognition, it has the nominations that people sent in for you, so I hope you enjoy those. Thank you for always being here and supporting us.
Thank you.
Lori Thomas is one of the kindest persons I know.
Thank you.
So we now like to move on to personal appearances. We have one person who has signed up, and that is Murray Lowe. And if you'd like to come forward, give us your name and hold your comments to 3 minutes.
That'll be difficult. One of the council members said, what are you going to complain about today? And I said, bah humbug, it's Christmas. Actually, I think my comments are going to be very much in line with, with what we've just experienced. I want to personally express my thanks and the thanks from people in our neighborhoods and Southwest Durham, Mayor, for your service, and Councilmember Sumner, for your service. For both of you, and you in particular, Mayor, I know you made less than minimum wage in terms of how much time and effort and energy you put into your job, and I'm sure I'm sure it's the same for council members, given that you're given a bursary rather than a salary per se. But we want you to know that we appreciate your dedication to making Orem a better place, and you've done it for years and years and years, and you will be missed. And while we haven't always agreed on everything, I think me and everyone around me would say that we always believe that you've acted on your convictions and that you have— you're a man of great integrity and great example. And there are lots and lots of people who are very, very grateful for what you've done for this city. So thank you so much.
Thank you. Appreciate it, Mary. Thank you for your kind words. We'll now go ahead and move on from our personal appearance to our consent items. We have several. The first one is 8.1, the approval of meeting minutes. November 23, 2021. The second is 8.2, the approval of 2022 City Council meeting schedule, proposed meeting dates for 2022. The third is our resolution authorizing the City of Orem to participate in settlements with distributors and Janssen to abate the opioid pandemic. And the 4th is a resolution adopting the existing voter participation areas as previously adopted by Resolution 2019-0025. Is there anyone on the council that would like to move one of these items to a scheduled item? If not, I would take a motion to go ahead and accept our consent items.
So moved.
Somebody would like to make a motion.
I move that we approve the consent items.
Okay, is there a second?
Second.
Okay, Brent, we'll start with you. Aye.
Aye.
Aye.
Aye.
Aye.
Thank you. Our consent items are approved.
I just—
second, I was getting to him. And Jeff, we're waiting for your comment as well.
Aye.
Thank you. And Jeff is, uh, by remote control today. So we'll see how, how he sounds, if he's really there, or if this is just a remote Jeff.
It's really me.
Okay. All right, we'd like to move on to our scheduled items. The first one is 9.1, a resolution. The city manager recommends the city council by resolution accept the fiscal year 2020-2021 audit as presented. We have Brandon Nelson, our Finance Director, and Ron Stewart, partner of Gilbert and Stewart, here to present to us. Brandon, we'll turn the time to you.
Great, thank you, Mayor. So I want to just touch on a few things.
This may—
I know for me it seems like forever ago, but the particular fiscal year that we are talking about, if you will recall, it was The budget related to this year was back in the midst of the pandemic when we basically started over again with the budget for that fiscal year, and how the actual financials for fiscal year '21 were so significantly different than what obviously we went back and did as part of that budget. And, and I can only be thankful for that state case that it truly didn't have to match what we anticipated in our budget. It's one of those times when you're, thank goodness that, that didn't come true. So some other elements that involved with this fiscal year. We had issued general obligation bonds in 2019 for the library hall and the fitness center. We completed spending all of those, all those bond proceeds during the end of— through the end of this fiscal year. We issued new bonds for water, sewer, and stormwater projects that will be forthcoming. That was done in April of 2021, which is also part of this year. We had CARES Act money as part of this fiscal year. We had American Rescue Plan ARPA money as part of this fiscal year. A lot of things going on during this particular fiscal year that obviously required a lot of accounting work in relation to, and unfortunately for Ron, a lot of auditing work in relation to as well. And so, you know, we've touched on, and as everybody here is well aware, sales taxes were our predominant revenue and they did very well during the year. We exceeded our previous year, not even budget, we exceeded our previous year by $4.3 million in that particular year, which is about an 18% increase. Those, those are some of the big elements that occurred as part of this fiscal year. I just now want to turn the time over to Ron to go over the audit. And the things that they're required to do as part of that audit that, that lead to this financial report.
Ron?
Thank you, Brandon. Thank you, Mayor and City Council, for letting us be part of your city for those past few years. What I'd like to do is just take a couple minutes and kind of explain to you what I do, what we do as auditors, what we're charged to give opinions on, how we came to those conclusions and those opinions. So really, there's 4 areas when we do an audit of a city. One is to make sure that the financial statements that you have and that you've reviewed are materially correct and can be relied upon. Second is to make sure that the internal controls within the city, they're designed, that they're implemented, and they're working effectively. The third is to make sure that you're in compliance with state law, and the fourth is that you're in compliance if you spend enough federal funds, that you're in compliance with the unified— uniform guidance, and that you've spent the money in appropriate manners relating to the programs in which you got those funds. So, as far as the financial statements go, we take a look at the trial balance, and then we perform a number of accounting tests to make sure that those numbers are materially correct. We send out confirmations. We confirm balances of cash, accounts receivable, long-term debt, major revenues as far as taxes, pension, OPEB liabilities. Those things we send a confirmation to a third party and they confirm back, yes, balances are the same. So we feel comfortable there. We also review a number of invoices. We'll pull a sample of invoices at the beginning of the audit That gives us a sense to our invoices being reviewed. Do they, do they match the check? Does the invoice hit the financial statements the right way? Just gives us a good beginning start of how the city is doing, if they're following their own procedures.
During—
while we're doing the testing, we'll also pull invoices as well for capital assets. We pull a number of invoices after the end of the year to make sure that the service was provided in the right period. And then we also look at accrued liabilities just to make sure, and capital assets. As we're looking at those, we want to make sure that those are being picked up properly. We also recalculate balances. There's a significant number of calculations that are made on a financial statement in areas like accrued payroll, pay— excuse me, depreciation expense, compensated absences, accrued interest, pension. So Brandon and his accounting staff, they make calculations on those financial statements. We go back and we recalculate those and look at those to see, are they, are they appropriate? Did they make those calculations correctly? And then we do analytical reviews. We'll create a— talking to Brandon and the staff, we'll create an expectation of what we think should happen. And then we do those reviews. We'll look at this year, last year, compare those and see Does it meet that expectation? If it didn't, then we start asking questions, performing tests to make sure that we can understand the differences. We do that at the beginning of the audit just to, to know where to test and what the potential problems might be. We do that as we're testing the balances themselves, and then again at the end of the audit. We do it on a high level as we review the financial statements to make sure that we've caught everything and that those differences we've been able to explain. Through those tests and procedures, we feel comfortable that we can give an opinion on the financial statements. So in our opinion, the financial statements referred to above present fairly in all material respects the respective financial position of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of Orem as of June 30, 2021. And the respective changes in financial position, and where applicable, cash flows, and the respective budgetary comparison of the general fund and major special revenue funds thereof for the year in accordance with accounting principle generally accepted in the United States of America. So that is considered an unmodified opinion, a clean opinion, or the best opinion that you can receive. So bottom line, that means that we feel like the document you have, you can rely on those numbers as being materially correct. The second thing, as far as internal controls, we want to make sure that your— the assets of the city are being protected and there's policies and procedures that protect those assets and protect the financial information of the city. Well, we don't necessarily give an opinion on the financial statements. We do evaluate those as we're going through audit. We do that through interviews, walkthroughs, questionnaires. That gives us kind of a sense. So as we're testing those invoices, Throughout the audit, we're also looking, does it follow the procedures that have been established? Is it meeting the criteria? If there's a big section of the city that didn't have internal controls, we would consider that to be a material weakness, and we would present that to you as an issue that you would need to address. If there was a— maybe the controls are designed and they're implemented, but they're not effective, and we would consider that a material weakness. or sorry, a significant deficiency, and also bring that to your attention. Through our interviews, walkthroughs, analysis, we felt like that you were— that the controls of the city are being managed and that they're effectively designed and working. And we find no material weaknesses or significant deficiencies that need to be brought to your attention. The third thing is state compliance. The state auditor gives us certain procedures To perform on a rotating basis. This year, we looked at those procedures.
Thanks.
We looked at budgetary compliance, fund balance. Justice Court, restricted taxes, fraud risk, government fees, impact fees, and cash management. So those are the kind of the areas that we looked at within the city. We're given procedures to perform, and we perform those procedures based on those criteria. There was one finding. State requires that you can only have so much fund balance in the general fund, and we exceeded that amount. So that is a finding that is, that is on the city for this year. The 4th thing that we do is, is the single audit. So if we spend enough federal dollars, we're required to look at those dollars and make sure those are spent appropriately. And we get compliance supplements, we get things, procedures to perform from the actual granting agency. that says these are the things that we want you to look at if you spend our dollars. Most of those were the ARP funds and the CARES Act, and those are the 2 grants that we looked at this year. We went through the testing, went through the procedures that they prescribed, and felt like you were in compliance with those federal requirements. So there's no issues or findings that we would need to present to you. So that's a really quick review of What we do as auditors, conclusions that we've come to, and be happy to answer any questions anybody has.
Any questions or comments from the council? I'd just like to thank Ron for his participation in working with us on the audit, and I'd like to thank Brandon for the, the great job he does every year with our budget and with keeping our finances well portioned and watched out over so that we know where we're spending our money. So thank you very much. Appreciate both of you.
Thank you.
And I would like to pass— or I would like to make a motion that the City Council by resolution accept the fiscal year 2020-2021 audit as has been presented. Is there a second?
Second.
Okay, let's go ahead and vote. Jeff, we'll have you vote first.
Aye.
Okay, Debbie.
Aye. Aye.
Aye.
Aye.
Aye.
Okay, resolution passes. Thank you both very much, appreciate it. We'll now move on to item number 2, 9.2, which is a public hearing on a resolution. The city will receive public comments 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. Ken Ransom is the CDBG Commission Chair and Kenna Jo Matthews is our Community Services Manager, and we'll turn the time over to them.
Thank you, Mayor and Council, for considering our recommendations. Before we get started, I just want to thank you, Mayor, and Councilmember Sumner, for your service on the City Council as a citizen. So thank you for that and appreciate your service. We have 2 recommendations for— 2 additional recommendations for you at this time for the COVID CDBG funding. As Kenna gets our presentation ready.
Trying here.
Okay, we're ready.
Sorry.
Next slide.
Here's a quick summary to remind you of the recommendations we've had, and the council has, has approved these allocations from the OREM CDBG COVID funding. So we had 2 allocations. Our second allocation There's still a balance left to allocate of $134,181 and some change. And so quick reminders of what the funds must be used for.
Next slide.
And the priorities that the council has given our commission. So our first recommendation for your consideration is Westmore Elementary is asking for funding for 2 bi-level water bottle filling stations. They are a Title I school and they're— they've asked for these funds. They have had some funds to do this from the district and they're asking for additional stations. And so we recommend that the council approve this funding request. And our second recommendation for your consideration is proposal to fund a satellite food bank. Through Community Action Services, and we recommend funding of $25,000 to help create this. That will include for items like a refrigerator, shelving, those types of things that are needed to set up this. And our understanding is that there's a— they have a closet that they can set this up in, this satellite food bank. So we recommend that the council consider this recommendation as well. So our total recommendation is listed there for those— for Westmore and the Community Action Services Food Bank. And the balance left to allocate, we'll have funding recommendations for you in the future, is listed there. And next up is for you to consider this recommendation. Thank you.
Any comment? Thank you, Ken. Any comments or questions from the council?
Do we have a time limit when we need to allocate the rest We believe it's at the end of 2023.
About 80% has to be allocated and spent, and then there's an additional 3 years for other money.
So you talked about both allocated and spent. How quickly after we allocate are we spending? Does spending mean we give it to the entity or that they actually spend it? What, what constitutes that?
It's a reimbursable grant, so that once they receive the grant, they have to see, you know, once they purchase, then they're reimbursed at that point.
And so I assume our finance people measure this and make sure we're in that 80% world?
Yes, correct.
Thank you.
Thanks, Tom.
Any other questions or comments from the council? All right, well, this is a public hearing, so we will now turn the time open and open it up for the public to make comments. We would ask anyone coming forward to please limit your Comments to 3 minutes and to please give us your name when you come forward.
Good evening, Mayor, Council. My name is Tom Hogan. I'm with Community Action Services and Food Bank, and we are very excited to bring down some barriers and provide opportunity for Orem city residents to access a food bank within their city limits. Currently, we operate out of Provo, and so sometimes that provides some barriers to some of our clients to travel. And so we— serendipity happens, and the senior center presented an opportunity. It's a little bit bigger than a closet. It's a pretty good-sized closet. And we feel that with a little bit of modification and augmentation of refrigeration, we'll be able to provide meat, dairy, fresh rescued fruits and vegetables, fresh fruits and vegetables as we're able to bring those in, in season, and then also a wide array of canned goods and shelf-stable stable items as well. We've had a lot of need for, during this pandemic, for home cleaning products and sanitation products, as well as diapers, and we anticipate having those available as well. In response to the pandemic, we've also been able to change some of our funding and qualification. So a family would have to sign, sign in saying they are at 185% of the poverty limit, or for a family of 4, that's about $40,000. So still within that income level that's just making it but having a hard stretch. So we're excited to bring this into into a neighborhood that would probably— would, would be utilizing services on a consistent basis.
Mayor, I have a question, if I may.
Yes, go ahead.
Yes.
Will you be accepting food donations there in the future? Because right now we have to go to South Provo to make the donation.
Yes.
Is that correct?
And that— yes. So that's something that we're going to explore. And we'll start with having a barrel and seeing how that goes, and then maybe 2 barrels, or just kind of explore how that That works.
You don't have that now, though, to be clear.
We do not have that now.
Sometimes this time of year people are more inclined to give.
Correct. We have had quite a few organizations that have put together food drives and moves our trucks around the, around the city picking those up, and we're very grateful this time of year. We'll do it again in April, May, you know, August, whenever somebody wants to do a food drive, we're happy to work with that organization. But yes, we would have a— we would have some sort of donation on site there at the senior center.
Thank you.
Councilmember Larray has a question.
So my question is, $25,000 enough? It sounds like that's for maybe setting it up, getting a fridge, but is that enough to staff it?
That's going to get us started through the process. We've also explored the opportunity of bringing in some AmeriCorps volunteers that would also work to staff. I do have a staff member who's going to oversee, and then we are exploring the idea of maybe some senior volunteers helping us out as well and making that part of a service opportunity out of the senior center. We recently started a small pantry in Springville, and the local Kiwanis Club approached us and said, we would like to do this for our community. They totally staff it. I have I have a staff that oversees it, and then I have an Easterseals staff that's there as well. We're really working hard to leverage all the available funds that we have access to, to bring these services to bear in communities that we serve.
So, okay.
Well, I'd actually welcome you to, if it goes well, to— and there's still funds available— to get a second grant.
We will keep Kenna in, in the loop.
Okay.
Thank you.
Thank you. The council. Okay, thank you very much. We look forward to providing a pantry here in the city of Orem and to continue to help. Any other comments? All right, if not, we'll go ahead and close the public comment portion of our public hearing and bring it back to the council. I would like to ask if there's any other comments from the council. Seeing none, I would like to make a motion to accept The projected use of funds for the CARES Act CDBG-CV funding and consider the approval of a substantial amendment to the 2019-2020 Annual Action Plan. Is there a second?
Second.
Second.
Okay, Jeff, we'll start with you.
Aye.
Okay, Debbie.
Aye.
Aye.
Aye.
Aye.
Aye.
Okay, the resolution passes. Thank you very Thank you very much. Appreciate it, Kenan and Ken. We'll now go on to item 9.3, which is a public hearing on a resolution creating a residential parking permit area on designated streets in the Orem High School neighborhood. And Lieutenant Michael Paraskeva from our Orem Police Department is our presenter. Is he here? Are you our presenter, Heather?
Mayor, I'm going to cover for Lieutenant Periscuta tonight.
Okay.
Good evening, Mayor and City Council. Tonight, the Chief of Police is recommending that the City Council enact a residential parking permit area. On streets located close to Orem High School. Those streets are 475 East and 130 South. Just to let the council know, we already do have a parking permit area around Orem High School that has addressed the parking issues that we've had in the past. This simply expands that parking permit area to those 2 residential streets. A majority of the residents along those streets did ask The police department to perform a traffic study. They did so, and they did find that the vehicles that are parked on those streets during the school hours are usually student vehicles. Those vehicles do disrupt traffic within the area, and there are adequate parking spots available at Orham High School for those students. So the chief of. So the police is recommending that the residential parking permit area be placed again on the streets of 475 East and 350 South, and that, that parking permit enforcement period will run from 7 AM to 4 PM, Monday through Friday, between the months and dates of August 15th to June 1st of every year.
Okay, great. Any questions or comments from the council? Councilmember McDonald.
If school is out on a holiday, is it still enforced?
It would— the wording in the resolution would have the parking permit enforced during holidays. If the council wanted to amend that to accept holidays, we could consider doing that, but we've never done that before. Foreign residential parking.
Functionally, the police probably aren't going to monitor it heavily on a school off day, right? There's not going to be the traffic, etc.
Yeah, you're not, you're not gonna have the student access there. There's not gonna be the overparking issues.
Just worried about the unintended consequence. Sure, whatever, you know, President's Day, you have the kids over, whatever.
Yeah, and again, we've had this parking permit area in the Orem High School and we haven't had a problem, haven't had any problems on holidays that I am aware of.
Any other comments or questions from the council? All right, well, this is a public hearing, so we will open it up for public comment. Anyone wishing to come forward to speak on this issue is invited to do so. Please hold your comments to 3 minutes and give us your name when you come forward.
Stephanie Visna. This might seem super random. But I was down— I go down my street all the time that's right next to our high school. We have a similar neighborhood parking permit.
What is your high school?
Timpanogos High School.
Okay.
And the signage says permit parking, and it states the times and the days. And I've noticed that students will park there because they have a Timpanogos permit hanging from their rearview mirror. I don't know that students recognize that the permit they need to have is a neighborhood permit. They think that maybe the school permit is the one that, you know, allows them to park there. So maybe the signage could be worded such that it says neighborhood permit required to avoid any confusion that they may think they're okay to park there with their little T-Wolf hang tag.
Sure.
That's just my observation. And I think moving forward, neighborhood parking permits have their pros and cons. I think sometimes they are put there in a place— the next one coming up is the Sunset Heights one, I believe it is. They are kind of reactive, and we need to make sure our parking issues are addressed well enough that we don't have to be reactionary in creating permitted areas in neighborhoods to alleviate problems that are created when we haven't really looked at the full picture. Does that make sense? Like, we're, we're making sure our parking is adequate so we don't have to have these neighborhood permit areas. And I know high schools are a different situation, but my observation today is maybe check some signage. We could have neighborhood parking permits so that's clear for the students to know which permit They hang.
Thank you.
Okay, thank you.
Any other comments from anyone? All right, we'll go ahead and close the public comment portion of our public hearing and bring it back to the council. Any questions or comments from the council? I do have a question there, Heather, that is brought up, and that is, is our parking adequate for each of our high schools?
As far as what you know, I would say the Alpine School District would probably assert that they have adequate Quit parking for their high school students.
Okay.
All right. Any comments? If not, I'd like to go ahead and make a motion then that we create by resolution a residential parking permit area on designated streets in the Orem High School neighborhood. Is there a second?
Second.
Okay, Jeff, we'd like to start with you first.
Aye.
Okay, Debbie.
Aye.
Aye.
Aye.
Aye.
Aye.
Okay, the resolution passes. Thank you, Heather. We'll move on now to 9.4, which is a public hearing on a motion ratifying Resolution 2021-0019, creating a residential parking permit area on designated streets in the Sunset Heights neighborhood. And maybe you can mention to us Heather, why we're ratifying a resolution.
You bet. On June 29, 2021, the City Council approved a residential parking permit area in Sunset Heights. Due to an oversight, staff placed that agenda item that day on the consent calendar. The Orem City Code actually requires that we hold the public hearing. So in order to correct that noticing deficiency, we're asking the City Council to hold that public hearing tonight, and then by motion ratify the resolution that was already approved back in June of 2021.
Okay, any questions or comments from the council? Okay, seeing none, we'll go ahead and open it up for public comment. Anyone wishing to come forward to make a comment, 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. Any comments or questions from the council? Yeah, I'd like to make a motion then that we ratify Resolution 2021-0019, creating a residential parking permit area on designated streets. In the Sunset Heights neighborhood. Jeff, we'll go to you first.
Aye. Second.
I'm sorry, second. Thank you.
Second.
Second. Thank you. Jeff?
Still aye.
Still aye. Okay.
Aye.
Okay, Debbie?
Aye.
Resolution passes. Thank you, Heather. Appreciate that. We'll now go to 9.5. Which is a public hearing on a resolution adopting the updated City of Orem Parks, Recreation, Trails, and Open Space Master Plan and amending the Orem City General Plan to include the updated City of Orem Parks, Recreation, Trails, and Open Space Master Plan in Appendix G.
Lisa Benson from Landmark Design, who I believe is online, is going to present this together with Yes, Mayor and Council, as Lisa is joining us remotely through our Zoom room, so just very brief introduction as her slides are pulling up. City's been extremely busy, as you know, in making a ton of improvements to our parks and open space. And because we so quickly met or exceeded a lot of the goals and plans. plans a handful of years ago in our last master plan. Want to make sure that we continue the trends that we've been building and the standard that we've set and plan for the future to keep that going. So with that, turn the time over to you, Lisa, if you can hear us.
Yeah, can you, can you hear me?
Yes.
Okay.
And can you see the presentation there?
We can, yes.
Great, great. Thank you so much for the opportunity tonight to present the Parks Master Plan update for you, to you for adoption. We'll just run through a quick summary this evening. As Brent mentioned, a lot of achievements have happened since the last Master Plan update in 2017, with the primary one of those being improvements to the Orem Family Fitness Center. You can see a huge list. We won't go through this list. Just note that the city has achieved quite a bit since that last plan was updated and has achieved most of those targets in that last plan.
Lisa, if you could go back to that slide. I just wanted to notate, you've got on there received the IHC fields as a donation from Intermountain Healthcare. That actually consists of 10 acres that Intermountain Healthcare has donated to the City of Orem for soccer fields, and we thank them for it.
That is a great, great donation, a great asset to the city. Wonderful occurrence. Thank you, Mayor. So the new updated plan includes an additional chapter this time around, and we've added an arts and culture section to acknowledge the great work and partnerships in operation in the city, providing great services to residents. As a starting point for the update, we touched base with Y2 Analytics to conduct an update of the community survey, asking most of the questions that were asked in the previous survey, but excluding some of the ones that focused on the fitness center, since those accomplishments have already taken place. So you can see here, this slide summarizes the overall sentiment towards the city's provision of parks, recreation programs, and trails. The city is generally doing well when it comes to parks and recreation programs, and you can see on the bottom here that the city has a little room for improvement when it comes to the provision of trails. Comparing priorities, both surveys asked a question where residents were able to allocate $100 hypothetical dollars to their top priorities for recreation facilities and programs. In 2017, the top priority was upgrading the Orem Fitness Center, followed by walking and biking trails, large natural open spaces, and then existing parks and playgrounds. So, in 2021, obviously, the Orem Fitness Center improvements fell out of that. So, walking and biking trails rose to the top. It's interesting to note, though, that the provision of or upgrading existing parks and playgrounds kind of flip-flopped with acquiring large natural open spaces. Part of this may be due to the timing of the survey, which was still during the pandemic. a lot of the lockdown situation, so people were trying to get outside and be more active and socialize outdoors. We also took a look at updated demographics for the city, looking at population by age groups. So your under-20 age group has been decreasing over time since 2000. That age group has been declining slightly as a percentage of your population. Your 20 to 40 age group shown in yellow is slightly increasing. The 40 to 60 age group in gray has been holding fairly steady, and then your over 60 age group is slightly increasing. So this indicates that the city is gradually aging, but you still have a large portion of residents that are young, you know, under 20, and then in that 20 to 40 age group. As part of the update, all of the maps were brought up to kind of current design standards, and we added in additional facilities that the city has incorporated since that timeframe. We also updated the inventory of all the individual amenities within the parks and updated the park categories. So in the previous plan, regional parks and community parks were lumped together. And we wanted to break those out to help the city understand the roles of those parks and maybe the provision of those facilities in the future. One of the primary analyses we do is a level of service analysis, which is the acreage of parks per 1,000 residents, taking into consideration the acreage of existing mini neighborhood, community, and regional parks. As well as the parks in partnership. These are parks where the city has teamed up with either public or private community partners to, to help meet recreation needs in the city. All of those together total around 299.2 total acres. And when we divide this out by your current population, that results in 3.05 acres per 1,000 residents. So this is your current level of service. Another analysis that we do is distribution to take a look at access throughout the city. So the different park types receive a different service area based on the types of amenities and also people's willingness to either walk or drive to different park types. So everything from a quarter mile for a mini park up to 2 miles for a regional park. And you can see that the city is generally well covered in this analysis. We took a look at a different form of, of looking at distribution, and if we assign a half-mile walking radius to every park regardless of type, and then we also added in other facilities like schools or other community amenities that help meet recreation needs, you can see But a few gap areas pop out kind of on the southeast corner and the southwest corner of the city. This also takes into consideration park and recreation facilities in adjacent communities because those also help meet community needs. So following the distribution analysis, we add in the current city-owned parkland that you are planning to develop. such as Hillcrest, Heritage Park, a little bit of an expansion at Lakeside, and then Southwest Park, which the city already owns, but it has not developed yet. And then you can see here in the southwest portion of the city, we're proposing a neighborhood park to help fill that gap area in that portion of the city. So you can see that needs continue to be improved and met. In a greater degree in the future. Looking forward for the level of service, residents are generally happy with the city's provision of parks right now. But moving forward, we're targeting 2.8 acres per 1,000 people instead of 3.05, just to kind of pull out those parks and partnership, because those are not necessarily something you can So, Lisa, I have a question. Yes, sir.
Is there a study that has been done or being done or will be done on the utilization of our parks, specifically thinking of the Timpanogos Park of Provo Canyon? I'm wondering if we're using it to its full potential.
No, we did not get into that degree of analysis in this study, and I'm not aware right now of any planned studies to that degree. I know that there are definitely some ideas being considered, you know, by the Arts Council, some uses for that park, but I have not heard of anything specifically analyzing use patterns and rates.
I just encourage us as a city to do a study on the utilization of our parks and which are being used, and some are being extremely well used and some are not being used much at all. And I think it'd be helpful to look at that.
Mayor, I've made note, and as you— we've added some amenities to Timpanogos Park, but that's a great idea. I am super interested in trying to see if there's additional amenitization that we can add to that park.
That'd be great. Councilor McDonald has a question.
Lisa, I don't know that you need to flash— go back to an earlier slide, but when we were at 40% of our population under 18, what year was that?
Let's go back.
Sorry.
No, you're fine.
Okay, 2000.
20 years ago, we had 40% of our population And, and our population was close to 80,000 then, give or take.
Is that a fair guess, or somewhere?
Yeah, right in there. I'd have to pull up the—
So, so what that tells me is we have the same number of youth, because 32% of 100,000 and 40% of 80,000 are roughly— are exactly the same. Because initially I thought we would need less playgrounds, but truth be known, we need about the same amount of playgrounds but more pickleball courts, more walking trails, etc., for the over-18s. So So that's, that's what I was trying to clarify. So we have roughly the same number of youth, but just more people. I think most of the council is also over 18, so I think so we fall into that demographics, but that's what I wanted to know is how far back the 40% was. Thank you for that clarification, Lisa.
Yeah, you bet. And as you mentioned, that is the critical thing is to provide activities for all age groups. community is diversifying. So moving forward with that 2.8 acres per 1,000 people, this is a target. This isn't something you're required to hit. This is just for general planning purposes. And also note that it is common as communities age for level of service to decline. So it's, it's nothing unusual, you know, with all of the obligations that communities have to meet and all the different ways that you can meet recreation needs. You know, traditional parks are not always the top priority moving forward. Looking at needs in 2030, if we take that 2.8 acres and multiply that by your 2030 population, you have a total need for 295.5 acres. As mentioned already, you have just under 300, so that means that you have a 3.7-acre surplus. plus in 2030, and you don't need to acquire any additional land to meet needs by that time frame. 2050 needs do increase with that population and the 2.8 level of service. You'll need a total of 357 acres when you take out your existing parks, and then the currently owned parkland, the 17.5 acres, which includes Hillcrest, Lakeside, Southwest and Heritage Park, and also take out that 3 acres that is needed as a minimum in the southwest corner of the city, that means that the city needs an additional 37.3 acres. So this is property that you need to both acquire and develop. As I said, that 3 acres in the southwest corner is kind of a minimum. So if you can negotiate or somehow acquire an additional, you know, additional acreage in that portion of the city, that will go a long ways to help meeting that need. There are a variety of ways in which the city can meet future park needs. It doesn't always have to be the traditional neighborhood park. The city is exploring the idea of detention basin parks, or you have a lot of other opportunities out on the lakeshore with nature parks, some of those less traditional parks, or some of the more urban-style parks that may happen, you know, within the State Street corridor or your arts district, such as mini parks or urban plazas.
So, Lisa, I'm wondering if we could get— ask Brent if we could get an inventory of how many acres we have in detention basins within the city as potential uses.
That's actually something we've been working on. very recently, and we— I think it's an exhibit in the plan, essentially a GIS map that shows where all of our detention basins are.
Because we have quite a few and quite a few acres in each of those detention basins.
So, yep.
Yeah, we also have a hospital who very generously gives us some community gardens that we don't count as part of our square footage. We have various schools that have tracks that people walk on, and we have a great relationship with the Alpine School District that allows cross-pollination, if you will, both school members and citizen members. So I don't know that we need all 37.3 if we count some of these other benefits that we get from Harmony with churches in the area, schools in the area, and community gardens that are generously donated.
And there's the As Lisa mentioned, there's the Waikara Way that, that is the open space along Utah Lake that's coming. Also note, just because we heard a little bit from Community Action tonight, we're actually kind of co-applying for a grant to take some unused city property next to 800 North and turn that into a community garden as well. And they'll— Community Action will actually develop it and help man it and maintain it and get the word out. We're partnering with them on that project.
Yeah, so the city is already exploring a lot of great options for these alternatives. Looking in the recreation aspect, you can see here from the survey results that athletic courts and recreational programs fell towards the middle to bottom of the priority list when asked to allocate $100 towards priorities. So this indicates that, you know, trails, parks, and open space are kind of more top of mind right now for residents, though these facilities are still important. Additional facilities or programs that came out of the survey, you can see some specific items here like dog parks, pickleball courts, splash pads, trails, the gun range. Some of those can be addressed with Hillcrest Park and some of the other planned parks that the city already has underway. Additional programs that are valued by survey respondents included programs for children and teens, and also more outdoor events and festivals. The arts chapter acknowledges all of the existing facilities and partnerships that the city has in place, which is an extraordinary amount, and the Arts Council is continuing to pursue additional opportunities and provide residents with a great variety of options. Some of the needs and recommendations that came out of that chapter are continuing to expand those events and programs, implementing your public art requirements in the Arts District, utilizing arts and public art as a creative placemaking community development tool, and then also exploring the feasibility of adding staff to help manage some of those programs and events. Looking at trails, this plan heavily defers to the 2010 Bike/Ped Plan. which is in need of an update at some point soon. But this plan does provide a few updates to the proposals in that plan. And you can see here from the survey, again, walking and biking trails were the top priority, and also trailhead parks themselves fell towards the bottom of the list. So it isn't about access, it's about just getting some trail mileage and connections for residents. This map shows your existing trail system. The yellow dots are hotspots that came out of that 2010 bike/ped plan, and those are, you know, intersections or crossings that are challenging or dangerous and need some improvement. And the map also includes some existing and proposed trailheads. And this map shows what your ultimate trail network would look like. built out, and this includes that rim-to-rim trail system that the city is exploring connecting the foothills to the lakeshore. The red thicker lines are your regional trail spine, so that's kind of the— usually the, the most well-developed and most highly amenitized portions of the trails, and you can see that they connect out to the lake and also north-south. Other multi-use pathways are shown in purple, kind of more local trail systems, and then the green and the blue are your bike lanes and bike routes that are on street. So areas to focus moving forward based on the updated analysis are expanding your trail network, upgrading your existing parks, and that was one of the results that came out of the most recent survey that residents still support upgrading your existing parks as opposed to developing new parks. And then also securing additional parkland as soon as possible, just because land price rarely, if ever, declines. So the sooner you can acquire those properties or negotiate for them, the better. The plan looks at individual amenities within the parks and applies a level of service analysis based on population. So how many residents per basketball court, or how many residents per playground, that sort of thing. And they're loosely based on the National Recreation and Parks Association standards, but have been heavily modified based on discussions with city staff and with your own community needs. So again, taking into account, you know, access to church basketball courts, for example, you don't need to provide as many basketball courts as communities nationwide might. So there are 3 items that show up as a deficit: basketball courts, pickleball courts, and sand volleyball courts. The city's approach to basketball courts is to provide multi-sport courts in the future rather than a sport-specific court. Basketball or pickleball courts are kind of being taken into account with Hillcrest Park. And then as for the sand volleyball courts. Rather than build additional facilities, the city would like to focus on upgrading the existing sand volleyball court to a tournament-level facility. And just on that note, I want to quickly mention that the plan does emphasize exploring the possibility of upgrading some of the city's facilities to tournament quality or kind of a higher service level to attract, you know, visitors from out of town and be able to host tournaments as a way to assist with cost recovery, but also to provide a higher level of amenities for residents and have kind of the visitors help foot the bill for those better facilities. So that's one consideration too. Think about with this plan. Looking at park costs overall, it's about $340,000 to add in those additional multi-sport courts that we mentioned, and then also upgrade the existing sand volleyball court. So we roll that into total park costs, and you don't need additional parkland by 2030, which we talked about. Out to 2050, again, the needs get a little more significant. This cost does assume $575,000 per acre for land acquisition and $500,000 per acre for park development. This is based on recent land acquisitions and discussions with city staff. And again, these are targets to meet that level of service. This isn't a dollar amount that you're committed to. This is just something to keep in mind for future planning purposes. So building out 9.6 acres of parkland— this excludes the acreage at Hillcrest Park because that is already funded and underway— and that's $4.8 million. And then the cost to acquire and develop that 3.0-acre minimum park in the southwest corner of the city, $3.2 million. And then the additional 37.3 acres Is just over $40 million. So you can see a total of $48.4 million. And again, the city can meet these needs in unique ways. It doesn't have to be straight-up land acquisition or traditional parks. When it comes to trails, we assume that bike lanes and any on-street facilities are part of road projects, so we haven't provided costs in here for that, but we do have costs for building out those regional and multi-use trails, adding some lighting and safety improvements, making those hotspot improvements, and then providing some new trailhead and access points for a total of $18.8 million. So total together is $67.3 million for planning purposes and, and an overall target for the future. The plan does include some capital replacement needs over the next 5 years, and these are critical improvements that need to take place on a regular basis to make sure that the facilities that you do have in place stay up to date. That can include parking lots, repaving or replacing playgrounds, replacing tennis courts, those sorts of improvements, and you can see here that It goes over— it reviews the possible funding sources for those facilities, whether that's, you know, CARES dollars or Land and Water Conservation Fund grant money. That's provided in the plan. And the plan wraps up with an action plan that takes kind of each target item and applies it to a timeframe, whether that's immediate or kind of in the short or long term, and kind of breaks out by cost as well. So that's a summary of the Parks Master Plan.
Well, that looks very complete. Appreciate it. I've got a couple of comments, but Brent, go ahead.
I'll just conclude by saying this: I think this planning process took longer than Lisa Benson originally anticipated, but it's been Like you say, Mayor, quite comprehensive, and it has included a lot of public input, both generally and parks-specific.
You know, as I've raised my family here, I've always appreciated the amount of green space that we have in Orem, the amount of recreational activities, all the activities that occur at the high school level, that occur at the city level. It's just a great place to live. One thing I thought about is when you look at your focus items and you look at your action plan, one area I think we need to be aware of is that our CARE tax, which, you know, brings in $1 million a year for our recreation alone and plus $1 million for arts, is coming up for renewal in 2 years. So I believe it's important that we put together an action plan as the city in a way to support that together with the community. I think our residents are fully supportive of it, but we want to make sure that that passes for another 10 years. It is interesting the amount of cities since Orem has put together their CARE tax that have followed our lead and have put together taxes of their own to support recreation and arts in their cities. And you can just go around Utah County, we We had 3 or 4 just in the last 2 years that have adopted that. So it's very important, I think, that we keep that moving forward, that we're aware that this does need to be renewed in 24 months, and, and that we're prepared for that. So any comments or questions from the council? Go ahead, Terry.
So as we're adopting this, Brent, just a comment. There's, there's trends that we don't even know about that happen. For example, pickleball. You know, 10 years ago, if we were doing the master plan for city parks and recreation, that, that's, that's a new, new twist.
And there might—
so when we adopt this, I assume there's flexibility that as we adopt this, that all of a sudden we say, you know, the trend now has gone this way or that way.
Absolutely. I mean, in part, that's acknowledged just by virtue of us updating this. We know that new demands, new ideas come up from the public, or that we see in other communities, or, or from, from different sports groups or recreational groups. So yes, absolutely. And I think a good— another good example of that is, is that's how we ended up updating our fitness center. I mean, that really was kind of a grassroots effort that You know, it wasn't generated— the idea wasn't necessarily generated from staff or even from council, but our citizenry, you know, making themselves heard and known that that was a priority.
Okay, any other comments from the council or questions? All right, this is a public hearing, so we will open it up for public comment. Anyone wishing to come forward to speak on this issue, please do so. Give us your name and hold your comments to 3 minutes. Seeing no one's coming forward, we'll close the public comment portion of our public hearing and bring it back to the council. I wanted to ask Councilmember Sumner if he would like to make a motion.
Be happy to.
I'd like the council to approve the resolution adopting the update Updated City of Orem Parks, Recreation, Trails, and Open Space Master Plan and amending the Orem City General Plan to include the updated City of Orem Parks, Recreation, Trails, and Open Space Master Plan in Appendix G.
Is there a second?
Second.
Okay.
Mayor, can we just clarify that that's being done by motion?
By motion? Yes. By motion. Okay. All right, we'd like to start with Jeff first.
Aye.
Okay, Debbie.
Aye.
Aye.
Aye.
Aye.
Aye.
Aye.
Okay, the resolution passes. Thank you. Thank you, Lisa and Brynn. Appreciate it.
Thank you.
We'll move on now to 9.6, which is a public hearing on an ordinance enacting Section 12-5-14, Massage Establishments of this, of the Orem City Code. And Steve Earl, our Deputy City Attorney, is our presenter, assisted by Ryan Clark.
Good evening, Mayor, City Council. We have before you a proposed ordinance to establish regulations for massage establishments. This will be part of our business license ordinance. Currently, we don't have anything that specifically governs these type of establishments. So we felt a need. There have been reports from time to time that there are some sometimes illicit activities occurring or being offered in some massage establishments in the city. Of course, we think probably the majority of such establishments are legitimate, but there are a few bad actors out there. And so the intent of this is to hopefully stop those illicit activities from occurring in the city. Basically, what the ordinance does is it imposes some requirements for somebody who wants to establish one of these facilities. They have to provide some background information, make sure they don't have a criminal background, show that they are properly licensed with the state, and so on. It makes certain types of activities illegal, especially providing or offering to provide a massage without being licensed. properly by the state, offering to perform essentially a sexual act as part of a massage. And most importantly, probably, is it allows for the revocation of a massage license if you have violations of these provisions. So again, hopefully this is an attempt to crack down on the bad actors that may be out there. And make it not an easy place for someone to do those kind of things in the city. Just to point out, there had just a couple of minor amendments in Section— subsection G. Maybe Ryan can go to that. Just correcting a numbering issue and then also adding a provision at the very end just stating that a violation of certain sections of this is considered to be a nuisance, as well as being subject to criminal prosecution. So with that, I'll be happy to take any questions.
Any comments or questions from the council? Okay, Terry, go ahead.
No, thank you for pursuing this, Steve, and making this happen. Just a comment to the— I'll quote how you described the bad actors or the people that are doing illegal things, you're not welcome in Orem. So if you're doing those kinds of things, leave our city. We don't want you here. You're not welcome. And so, you know, have it— don't let the door hit you on the way out. But, and for the massage establishments that are, that are, that do it the right way, they provide a great service to our city. But we don't— the others, leave.
Okay, any other comments or questions? All right, so this is a public hearing, so we'll go ahead and open it up for public comment. Anyone wishing to make a comment, please come forward and give us your name and keep your comments to 3 minutes. Seeing how no one is coming forward, we'll close the public comment portion of the public hearing and bring it back to the council. Any questions or comments from the council? Okay, would anyone like to make a motion?
I'll make that motion. Okay, make a motion enacting Section 12.5.14, Massage Establishments, of the Orem City Code.
Is there a second?
Second.
Okay, we'll go to Jeff first.
Aye.
Hey, Debbie.
Aye.
Terry.
Aye.
Aye.
Aye.
Okay, the ordinance passes. Thank you very much, Steve and Ryan.
Thank you.
We'll move on. Jamie, do you have any comments you wish to make?
Mayor, just one, one comment. Obviously, as has been stated here in the last, the last hour, tonight is the final meeting for you, Mayor Brunst, and Councilmember Brent Sumner. We very much have appreciated the opportunity to work with you as staff and wish you best wishes as you move forward in the next chapter and phase of your life. Of course, I just want to remind the public, and obviously the City Council as well, of the appreciation open house that is scheduled on Thursday afternoon from 2 to 4 PM here in the City Council chambers. We would love to have each one of you come and and show appreciation to Mayor Brunston, Councilmember Sumner for their service and dedication to the city over these many years. And again, that is this Thursday from 2 to 4 PM here in the council chambers. So for— and on behalf of staff, Mayor, we'll, we'll obviously have an opportunity to recognize you on Thursday, both of you. We just want to express our appreciation for your commitment and your willingness to do so many great things to make this community so much better. So thank you.
Thank you. I noted with Brent earlier in the evening that he has attended over 240 City Council meetings during his term of service. So that's where he's gotten some of his gray hair. Anyway, but Brent, with your 12 years or more of service, and my 8 years of service, I believe we can call that a wrap. I would now accept a motion to adjourn.
So moved.
Is there a second?
Second.
All in favor?
Aye.
We are adjourned.
Thank you.
You were quick.
Brent was ready to tell us.
City Council Minutes – December 14, 2021 (pg.1) A complete video of the meeting can be found at www.orem.org/meetings CITY OF OREM CITY COUNCIL MEETING 56 North State Street Orem, Utah December 14, 2021 5:00 P.M. WORK SESSION - CITY COUNCIL CONFERENCE ROOM CONDUCTING Mayor Richard F. Brunst ELECTED OFFICIALS David Spencer, Debby Lauret, Tom Macdonald, Terry Peterson, Brent Sumner, and Jeff Lambson. APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Steven Downs, Deputy City Manager; Heather Schriever, City Attorney; Marc Sanderson, Fire Chief; Joshua Adams, Police Chief; Ryan Clark, Development Services Director; Charlene Crozier, Library Director; Jason Bench, Planning Division Manager; and Nathan Nelson, Deputy City Recorder ELECTRONIC PARTICIPATION Jeff Lambson NOTE: The referenced report and presentation documents for each discussion may be viewed at orem.org/meetings under “City Council Presentations” UPDATE – Watt Smart Commission Mr. Prescott introduced the Watt Smart Commission and gave background on their “Communities Energy Action Plan.” He stated this topic was first introduced to the council around a year ago and they are now ready to present a final report. Mr. Prescott gave a history of the commission and their purpose, which is mainly to educate both residential and non- residential entities on how to be more energy efficient, thus saving money. Mr. Prescott continued with the report breakdown showing energy savings between residential and non- residential entities. Mr. Prescott stated they are looking into better education programs for residential areas so they can get more involved in energy efficiency. Mr. Prescott introduced new strategies and goals the Watt Smart Commission will be tackling which include: City Council Minutes – December 14, 2021 (pg.2) A complete video of the meeting can be found at www.orem.org/meetings - Residential outreach and education - New construction outreach and education - Explore energy efficiency financing programs for small businesses - Find ways to incentivize energy action in new construction - Increase energy efficiency projects in City facilities - Explore ways to implement renewable energy in City Facilities Finally, Mr. Prescott presented the next steps for the program. Which include: - Education and outreach - Flyers for new construction - Research new methods for energy efficiency Mr. Peterson stated he got a call from a concerned citizen stating some of the new LED streetlights were out on 400 East, 400 West and State Street. Mr. Davidson responded those are lights that need to be serviced, but replacement parts are currently difficult to get because of supply chain issues. Mr. Davidson went on to say he was aware of the 4th East and 4th West issue but had not heard anything about streetlight issues on State Street. Mr. Spencer asked if this topic had anything to do with HB411, and stated if it was, he was not interested in supporting it. Mr. Prescott stated this did not have anything to do with HB411. Mrs. Schriever stated the city had an opportunity to be a part of that program but choose not to participate. General discussion regarding HB411, and other energy savings incentives and options. Mr. Davidson stated the city is more focused on leveraging the resources and opportunities that rocky mountain power has for their customers. General discussion continued regarding cost saving measures, education, and project buildout. AGENDA REVIEW & PREVIEW OF UPCOMING AGENDA ITEMS The City Council reviewed the evening’s agenda. Discussion ensued regarding the scheduled items that would be considered. Mr. Davidson stated the State Legislative Session starts on January 18th and stated they’re preparing for continuing discussion regarding housing / housing affordability, the use of detailed incentives as a means to entice big-box retailers into the city. City Council Minutes – December 14, 2021 (pg.3) A complete video of the meeting can be found at www.orem.org/meetings General discussion ensued regarding the upcoming Legislative Session and how to make sure the City is represented in this session, retail incentives, and possible upcoming changes to the Public Safety retirement program. CITY COUNCIL REPORTS (BOARDS & COMMISSIONS, NEW BUSINESS, ETC) Mr. Peterson stated he had a meeting recently with people from UVU and explained some of the ways they are trying to remedy parking issues. 6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS CONDUCTING Mayor Richard F. Brunst ELECTED OFFICIALS David Spencer, Debby Lauret, Tom Macdonald, Terry Peterson, Brent Sumner, and Jeff Lambson. APPOINTED STAFF Jamie Davidson, City Manager; Brenn Bybee, Assistant City Manager; Steven Downs, Deputy City Manager; Heather Schriever, City Attorney; Marc Sanderson, Fire Chief; Joshua Adams, Police Chief; Ryan Clark, Development Services Director; Charlene Crozier, Library Director; Chris Tschirki, Public Works Director; Brandon Nelson, Finance Director; Jason Bench, Planning Division Manager; Steve Earl, Deputy City Attorney; Pete Wolfley, Communication Specialist and Nathan Nelson, Deputy City Recorder ELECTRONIC PARTICIPATION Jeff Lambson CALL TO ORDER INVOCATION / INSPIRATIONAL THOUGHT – David Shallenberger PLEDGE OF ALLEGIANCE – Kate Shallenberger MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL RECOGNTIONS – Staff Recognitions City Council Minutes – December 14, 2021 (pg.4) A complete video of the meeting can be found at www.orem.org/meetings Mr. Baker of the Independent Commission for Redistricting recognized Mr. Dunn for volunteering with the commission and helping with GIS system. He thanked him for being a great help in his volunteering work and a great employee to the city. Mr. Baker finished by presenting Mr. Dunn with an award recognizing this service. Owen Jackson of the Utah City and County Management Association called Mr. Bybee and Mr. Downs to the stand to recognize them for receiving their International City/County Management Association (ICMA) Certified Manager designation. Ms. Thomas expressed her thanks to Mayor Brunst for accepting the idea of Kindness Week and turning it into a reality. She recognized him by presenting him with a kindness ambassador award. PERSONAL APPEARANCES Murray Low expressed his thanks to Mayor Brunst and Mr. Sumner for their service to the city and stated they will be missed. CONSENT ITEMS ● APPROVAL OF MEETING MINUTES ○ Minutes of City Council Meeting – November 23, 2021 ● APPROVAL – 2022 City Council Meeting Schedule / Proposed Meeting Dates For 2022 ● RESOLUTION – Authorizing the City of Orem to Participate in Settlements With Distributors and Janssen to Abate the Opioid Pandemic ● RESOLUTION – Adopting the existing Voter Participation Areas as previously adopted by Resolution 2019-0025 Mrs. Lauret moved to approve the Consent Agenda as listed. Mr. Sumner Seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. SCHEDULED ITEMS RESOLUTION – Fiscal Year 2020-2021 Audit Report The City Manager recommends the City Council, by Resolution, accept the Fiscal Year 2020-2021 Audit as presented City Council Minutes – December 14, 2021 (pg.5) A complete video of the meeting can be found at www.orem.org/meetings Mr. Nelson stated the budget for fiscal year 2020-2021 had to be nearly completely redone because of the pandemic, and stated he is glad the year was more financially positive than expected. He then turned the time over to Mr. Stewart. Mr. Stewart stated there are four main areas of interest they check over while auditing the city; - Financial statements - Internal controls and if they are implemented correctly - In compliance with state law - In compliance with uniform guidance Mr. Stewart went into detail on each of these areas and gave brief insights on the processes of each step. Mr. Stewart expressed there was one finding to do with the third topic, being the state requires you can only have so much fund balance in the general fund, and the city exceeded that amount. He expressed this is something the city will need to look into. Mr. Stewart finished by stating the city is in good standing, and the controls of the city are effective and are being well managed. Mayor Brunst moved to by resolution to accept the Fiscal Year 2020-2021 Audit as presented. Mr. Macdonald seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. PUBLIC HEARING / RESOLUTION – The City will receive Public Comments on the Community Development Block Grant (CDBG) Projected Use of Funds for CARES ACT CDBG-CV funding and consider approval of a substantial amendment to the 2019- 2020 Annual Action Plan Mr. Ransom went over past allocations and introduced the new recommendations. First of which is providing funds to Westmore Elementary to help install water bottle filling stations at the school. Mr. Ransom also suggested they allocated 25,000 dollars to the Community Actions Food Bank to help establish a food bank within the Orem Senior Center. He then finished by going over the amount of funds left to allocate. Mr. Macdonald asked when this money needed to be allocated by. Ms. Matthews stated this money would need to be allocated by the end of 2023. Mayor Brunst opened the public hearing at 6:28 pm. Tom Hogan from Community Actions Services and Food Bank stated the food bank currently operates out of Provo Mr. Hogan stated the Orem Senior Center has presented them with the opportunity to use a large closet area in their facility as a food bank. He feels that with a little modification it could be used to hold meat, dairy, and other temperature sensitive goods. Mr. City Council Minutes – December 14, 2021 (pg.6) A complete video of the meeting can be found at www.orem.org/meetings Hogan also said that during the pandemic there has been an unfulfilled need for home cleaning and sanitation products, and expressed this location could provide those as well as food and he is excited to give Orem residents a food bank they can access within city limits. Mr. Macdonald asked if they would be accepting donations at this location. Mr. Hogan stated they don’t currently have a donation drop off location at the Orem Senior Center, but would add one when the services and food bank is open for operation. Mrs. Lauret asked Mr. Hogan if the discussed $25,000 dollars would be enough money to start, run, and staff this bank. Mr. Hogan responded it would be enough to get them started, and they would look to staff the bank largely with volunteers. Mrs. Lauret stated the services and food bank should look into receiving another CDBG-CV grant in the future. Hearing no further comments, Mayor Brunst closed the public hearing at 6:33 pm and brought the item back to the Council for further discussion. Mayor Brunst moved by Resolution to accept the projected use of funds for the CARES Act CDBG-CV funding and consider the approval of a substantial amendment to the 2019-2020 annual action plan. Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. PUBLIC HEARING / RESOLUTION – Creating a Residential Parking Permit Area on designated streets in the Orem High School neighborhood Mrs. Schriever stated the Chief of Police is recommending the council enact an expansion of the Orem High residential parking permit area. She stated a traffic study was held, and they feel this change would be helpful. Mayor Brunst opened the Public hearing at 6:37pm Mrs. Visnaw stated she lives near Timpanogos High School and feels students may think they are allowed to park in permitted areas because they have a high school parking permit. She stated this misunderstanding could be solved by changing wording to make clearer signage. Hearing no further comments, Mr. Brunst closed the public hearing at 6:38 pm and brought the item back to the Council for further discussion. City Council Minutes – December 14, 2021 (pg.7) A complete video of the meeting can be found at www.orem.org/meetings Mayor Brunst moved by Resolution to create a residential parking permit area on designated streets in the Orem High School neighborhood. Mr. Spencer seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. PUBLIC HEARING / MOTION – Ratifying Resolution 2021-0019 creating a Residential Parking Permit Area on designated streets in the Sunset Heights neighborhood Mrs. Schriever indicated his item had previously been approved by the Council. Due to a miscommunication, a public hearing was not held at that time. By holding the public hearing this will meet the requirement of the law and fully ratify the earlier motion and ordinance. Mr. Brunst opened the public hearing at 6:40 pm. Hearing no public comments, the Mayor closed the public hearing and brought the item back to the Council for further discussion. Mayor Brunst moved to Ratify Resolution 2021-0019 creating a Residential Parking Permit Area on designated streets in the Sunset Heights neighborhood. Mr. Spencer seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. PUBLIC HEARING / RESOLUTION – Adopting the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan and amending the Orem City General Plan to include the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan in Appendix G. Mr. Bybee introduced the topic and stated the city has been busy making improvements to parks and open space. He stated because of this, he feels it is necessary to update the Parks Master Plan in order to be prepared for the future. He then turned the time over to Ms. Benson of Landmark Designs. Ms. Benson stated the new updated plan includes an additional arts and culture chapter. She continued to show an update to a past survey, which removes questions pertaining to the fitness center, which has been rebuilt since the last survey. She stated the survey showed the city could improve on trail allocation. She then presented a graph showing Orem’s under 20 population is shrinking, and senior age groups are increasing in size. She stated Orem currently has 299.02 acres listed for parks. She then indicated citizens are also concerned with park “walkability,” (Are parks within walking distance from their neighborhood?) She presented a map showing gaps in park walkability, and suggested where parks could be added to cater to more citizens. City Council Minutes – December 14, 2021 (pg.8) A complete video of the meeting can be found at www.orem.org/meetings Ms. Benson continued to state that citizens are generally happy with the provision of parks in Orem, and the city may even be able to lower the park acres per person ratio. She then went over options the City could do to meet future needs. She then showed services that citizens expressed they would like to see more of. These included more dog parks, pickleball courts, splashpads, and mountain bike trails. She expressed how arts & cultural events/facilities are an important part of the master plan and suggested the council continue to support the growth of them. Ms. Benson then presented a map showing all current and planned bike trails and lanes. She went into detail on these and explained how the city could be more bikeable. She concluded by presenting a table showing “amenities to meet population standards”, which shows that Orem is doing well, but should look into adding more basketball, pickleball, and volleyball courts. Mr. Brunst stated he would like to see a survey of park usage to see which ones are getting under or overused. Ms. Benson stated the city already meets the projected needs of parks space by 2030, but would need an additional 57.8 acres by 2050 to meet growing city needs and keep parks accessible. She then stated that throughout various surveys, common citizen feedback was wanting more and/or upgraded walking and biking paths. Ms. Benson introduced three areas of focus for the updated parks master plan. These include: - Expand Trail Network - Upgrade existing parks - Secure additional land for parks Mr. Bybee stated this planning process took a bit longer than expected, but for good reason, especially considering the amount of public input included. Mr. Brunst stated the CARE tax agreement where the city receives one million dollars a year for recreation is up for renewal in about two years and the city should keep their eye on that so they can continue to receive the money. General discussion ensued regarding plan funding and flexibility. Mr. Brunst opened the public hearing at 7:09 pm. Hearing no public comments, he closed the public hearing and turned the item back to the Council for further discussion. Mr. Sumner moved to approve the Resolution adopting the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan and amending the Orem City General Plan to include the updated City of Orem Parks, Recreation, Trails and Open Space Master Plan in Appendix G. Mr. Spencer seconded the motion. Those voting aye: Richard F. Brunst, Debby City Council Minutes – December 14, 2021 (pg.9) A complete video of the meeting can be found at www.orem.org/meetings Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. PUBLIC HEARING / ORDINANCE – Enacting Section 12-5-14 Massage Establishments of the Orem City Code. Mr. Earl introduced the item and gave a brief summary of the ordinance, which has been presented to the council for review in the past. The main purpose of this Ordinance is to weed out “bad actor” massage establishments. Mr. Peterson stated bad actor establishments are not welcome in Orem. Mayor Brunst opened the public hearing at 7:14 pm. Hearing no comments Mayor Brunst closed the public hearing and brought the item back to the Council for discussion. Mr. Peterson moved by Ordinance to enact section 12-5-14 Massage Establishments of the Orem City Code. Mr. Spencer seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Tom Macdonald, Terry Peterson, David Spencer, Jeff Lambson, and Brent Sumner. The motion passed. COMMUNICATION ITEMS No communication items at this time. CITY MANAGER INFORMATION ITEMS Mr. Davidson expressed his thanks to Mr. Sumner and Mayor Brunst for their service to the City and invited the public to attend a farewell party that would be held later that week. ADJOURNMENT Mr. Spencer moved to adjourn the meeting. Mr. Sumner seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Jeff Lambson, Tom Macdonald, Terry Peterson, David Spencer, and Brent Sumner. The motion passed. Meeting adjourned at 7:16 pm. City Council Minutes – December 14, 2021 (pg.10) A complete video of the meeting can be found at www.orem.org/meetings JoD’Ann Bates, City Recorder Approved: January 11, 2022