CITY OF OREM
CITY COUNCIL MEETING
56 North State Street Orem, Utah
March 22, 2011
4:45 P.M. STUDY SESSION
CONDUCTING
Mayor Jerry C. Washburn
ELECTED OFFICIALS
Councilmembers Margaret Black, Carl Hernandez III,
Karen A. McCandless, Mark E. Seastrand, Mary Street, and
Brent Sumner
APPOINTED STAFF
Bruce Chesnut, City Manager; Richard Manning,
Administrative Services Director; Stanford Sainsbury,
Development Services Director; Mike Larsen, Public Safety
Director; Karl Hirst, Recreation Director; Donna Weaver,
City Recorder; and Rachelle Conner, Deputy City Recorder
PRESENTATION – Metropolitan Water District of Salt Lake and Sandy
Gardner Olsen, Metropolitan Water District (Metro Water), and Amman Allen, Metro Water
Engineer, updated the Council on their facilities and Approach Program. They met with the Orem
City Council over a year ago to explain the issues involved with encroachments on the Salt Lake
aqueduct. He advised that they completed the inventory of encroachments in January of 2009 and
identified over 4,000 encroachments. The vast majority of those are unauthorized, and 177 of them
are in Orem. The encroachments range from landscaping to utility crossings.
Mr. Olsen explained they have started an outreach program and have mailed pamphlets to all
property owners adjoining the aqueduct. It has information as to who they are and where the pipe is.
They will send out an updated newsletter in April that will address inspections and what they are
doing with the pipe. They will also make individual contact with landowners to ask them to authorize
or formalize the uses they are enjoying on metro water land. They anticipate meeting with the
property owners in the near future. Mr. Olsen indicated they plan to hold an open house meeting and
then to meet with the property owners individually to try to obtain agreements for use. The ultimate
goal is to have an agreement that is signed by both the homeowner and Metro Water. It will then be
recorded against the property, so the agreement will run with the land. They do not expect problems
and hope to be able to work with the property owners without any legal battles. There is an appeals
process that goes along with the agreements.
Mr. Sumner asked whether there is a fee attached to the agreements. Mr. Olsen indicated if the
encroachment is of use to the Metro Board, such as grass, there is no fee. If it is something of a
commercial nature, such as Comcast crossing their lines, there is a fee. Most homeowners are not
charged a fee.
City Council Minutes – March 22, 2011 (p.1)
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
CITY COUNCIL NEW BUSINESS
Councilmember Seastrand
Mr. Seastrand said he attended the State of the County address, and things appear to be going really
well.
Mayor Washburn
Mayor Washburn indicated he and Mr. Chesnut had met with Senator Mike Lee that afternoon and
had a nice conversation. They discussed options for Federal funding and grants.
Mr. Chesnut then briefed the City Council on the budget process.
The Council adjourned at 5:55 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION
CONDUCTING
Mayor Jerry C. Washburn
ELECTED OFFICIALS
Councilmembers Margaret Black, Carl Hernandez III,
Karen A. McCandless, Mark E. Seastrand, Mary Street, and
Brent Sumner
APPOINTED STAFF
Bruce Chesnut, City Manager; Richard Manning,
Administrative Services Director; Stanford Sainsbury,
Development Services Director; Mike Larsen, Public Safety
Director; Karl Hirst, Recreation Director; Donna Weaver,
City Recorder; and Rachelle Conner, Deputy City Recorder
INVOCATION /
INSPIRATIONAL THOUGHT
Roger Scanland
PLEDGE OF ALLEGIANCE
Joel Hirschmann
APPROVAL OF MINUTES
Joint City Council/Alpine School District Meeting of March 2, 2011, City Council Meeting of
March 8, 2011, Joint Orem City/Vineyard Town Council Meeting of March 10, 2011, and the
City Council/CDBG Work Session of March 15, 2011
Mr. Seastrand moved to approve the minutes of the Joint City Council/Alpine School District
Meeting of March 2, 2011, the City Council Meeting of March 8, 2011, the Joint Orem
City/Vineyard Town Council Meeting of March 10, 2011, and the City Council/CDBG Work
Session of March 15, 2011. Mrs. Black seconded the motion. Those voting aye: Mrs. Black, Mr.
City Council Minutes – March 22, 2011 (p.2)
Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Street, Mr. Sumner, and Mayor Washburn. The
motion passed unanimously.
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL
Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Upcoming Agenda Items
The Mayor referred the Council to the upcoming agenda items listed in the agenda packet.
Appointments to Boards and Commissions
There were no new appointments.
Recognition of New Neighborhoods in Action Officers
No new Neighborhood in Action officers were recognized.
Mayor Washburn noted that the former Lakeview Neighborhood chair, Bill Rouse, recently passed
away. Mr. Rouse was very diligent in his service to the community, and he will be missed. Mayor
Washburn offered his condolences to the Rouse family.
REPORT – Sleepy Ridge Golf Course Advisory Commission
Karl Hirst, Recreation Director, recognized members of the Golf Course Advisory Commission-Dave Payne, Jack Jones, Golden Holt, Karl Hirst, and Bruce Chesnut. He also introduced Keith
Holdaway who is a partner in the golf course.
Golden Holt indicated the golf industry has been hit hard the last couple of years. Sleepy Ridge’s
gross revenue last year was just under $1 million, which was disappointing. They were down ten
percent last year and then down another ten percent this year. They are looking at the ledger to find
ways to save money where they can; however, they are doing better than many of the golf courses in
the area. Mr. Holt stated he does not see this changing significantly in the next five years or so
because golf is a discretionary expense.
Mr. Holt then reported that the office space in the club house is fully leased, and they held over
140 weddings there last year in addition to other events. That has been profitable, and it is helping
pay the golf bills. He gave the City Council credit for thinking outside of the box and allowing those
uses at the clubhouse.
Mr. Holt said they are not planning to raise rates this year. They are excited about Molly’s restaurant
coming to the clubhouse on April 4th and are hoping to draw more than 100-200 people to the
clubhouse each day to eat at Molly’s. Molly’s will be open for three hours each day, which really fits
in with the uses there.
Mr. Seastrand questioned how Sleepy Ridge plans to address the traffic concerns during the Geneva
Road construction. Mr. Holt said many people are not aware of where Sleepy Ridge is, so they
City Council Minutes – March 22, 2011 (p.3)
already get a lot of calls for directions. The City has helped with signage and that has made it better.
He has not seen the specific construction plan, so he is not sure how they will address it yet.
Mrs. Black noted she has heard nothing but positive comments about the golf course. She thanked
him for his efforts.
Mr. Chesnut expressed appreciation to Mr. Holt for his work at the golf course, as well as in
coaching the Orem High School basketball team.
PROCLAMATION – Fair Housing Month – April
Mayor Washburn read a proclamation for Fair Housing Month in April.
Mr. Seastrand moved to proclaim April as Fair Housing Month. Mr. Hernandez seconded the
motion. Those voting aye: Mrs. Black, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Street,
Mr. Sumner, and Mayor Washburn. The motion passed unanimously.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the
agenda.
Joyce Johnson, Neighborhood Organization Specialist, said she was contacted by some of the
neighborhood chairs who could not attend this meeting. They saw the KSL report about hoarding and
wanted to voice their support of the City Council in protecting the property rights of everyone in the
city by enforcing the ordinance. The neighborhood chairs have expressed their appreciation of the
NPU officers, who are the envy of many cities. They also commented that it takes great integrity for
the Council to stand up to the news media that can be so unkind at times.
Rick Holmes, resident, stated he lives near 2000 North Heather Drive. There is a problem with
people taking a shortcut from 400 East to 150 East, and it is becoming a thoroughfare. He has called
the police a number of times about speeding vehicles. He asked if there is anything the City can do to
address this problem, such as installing an electronic speed sign. There is also an issue with people
running the stop sign at 150 East Heather Drive.
Steve Diamond, southwest Orem resident, thanked the Councilmembers for everything they have
done in the south area of Orem. It is exciting that Columbia Lane is finally going to be fixed.
CONSENT ITEMS
Mrs. Black moved to approve the following consent item. Mr. Seastrand seconded the motion.
Those voting aye: Mrs. Black, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Street, Mr.
Sumner, and Mayor Washburn. The motion passed unanimously.
RESOLUTION - Approve HOME Investment Partnership Grant Final Statement of Projected
Uses of Funds – 2011-2012
City Council Minutes – March 22, 2011 (p.4)
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARING
Receiving Public Comment on the Community Development Block Grant (CDBG) Final
Statement of Projected Uses of Funds – 2011-2012
Charlene Mackay, Community & Neighborhood Services Manager, recognized the members of the
CDBG Citizen Advisory Commission--Ann Peterson, chair; Memorie Durfee, Art Flinton, Betty
Gordon, Lyle Hillier, Marilyn Laypath, and Victor Walsh. She then presented a staff
recommendation that the City Council hold the first of two public hearings to receive public
comment on the projected uses of funds for the 2011-2012 Community Development Block Grant.
During the past several months, the CDBG Citizen Advisory Commission heard funding proposals
from various community applicants. The Commission presented its recommendations to the City
Council in a work session on March 15, 2011. The City Council is now ready to receive public
comment on the proposed uses of funds.
Following a second public hearing that is scheduled for April 26, 2011, at 6:00 p.m., the City
Council will adopt a resolution approving the CDBG Final Statement of Projected Uses of Funds for
2011-2012.
Ms. Mackay indicated they do not have the final numbers at this time, but they are going ahead with
the public hearing. If the numbers come in different, the Commission has made recommendations for
how to allocate the gain/loss.
Ann Peterson, commission chair reviewed the proposed allocations as follows:
ORGANIZATION
Big Brothers Big Sisters
Boys and Girls Club
Center for Women & Children in Crisis
Children’s Justice
Community Action
Community Health Connect
Family Support & Treatment Center
Friends of the Coalition
House of Hope
Kids on the Move
Mountainlands Community Health Center
Orem Literacy Resources
Parent Education Resource Center (PERC)
Project Read
Recreation Habilitation Services (RAH)
Utah County Crisis Line
TOTAL
Funded
2010-2011
CDBG: PUBLIC SERVICE
No request
No request
$8,000.00
$8,000.00
$16,850.00
$2,850.00
$8,000.00
$9,300.00
$4,000.00
$6,350.00
$11,350.00
$10,000.00
$3,000.00
$5,688.00
$8,350.00
$0.00
Requested
2011-2012
Recommendations
2011-2012
$2,000.00
$29,000.00
$10,000.00
$35,000.00
$17,725.00
$2,788.00
$12,000.00
$10,000.00
$6,000.00
$17,775.00
$15,000.00
$3,700.00
$3,000.00
$7,500.00
$12,000.00
$3,000.00
$1,500.00
$0.00
$7,000.00
$8,000.00
$17,725.00
$2,700.00
$9,000.00
$10,000.00
$4,000.00
$10,000.00
$9,300.00
$3,700.00
$3,000.00
$3,000.00
$7,575.00
$1,000.00
$97,500.00
City Council Minutes – March 22, 2011 (p.5)
ORGANIZATION
CDBG Administration
Code Enforcement
Curb, Gutter, and Sidewalk
Habitat for Humanity
Housing Rehabilitation Program
Section 108 Loan Repayment
Total
Funded 2010-2011
CDBG: OTHER
$115,000.00
$120,000.00
$193,771.00
No request
$35,000.00
$115,000.00
Amount
Requested
2011-2012
$115,000.00
$120,000.00
$75,000.00
$50,000.00
$100,000.00
$110,000.00
Recommendations
2011-2012
$115,000.00
$120,000.00
$67,500.00
$40,000.00
$100,000.00
$110,000.00
$552,500.00
Mrs. McCandless disclosed that her husband serves on the Board of Directors for the Habitat for
Humanity, and he donates his legal services to them. He does not receive a monetary benefit for his
service, but she wanted to make that disclosure.
Mayor Washburn opened the public hearing.
Margy Chesnut, Parent Education Resource Center (PERC), thanked the Commission for their
recommendation. The proposed $3,000 goes a long way to help families. They plan to purchase new
materials with the funds, and they will also advertise with flyers to get the word out to make more of
the community aware of their services.
Scott Snow, Kids on the Move, thanked the Commission, the Council, and City staff for their
assistance in the allocation process. The funding makes a tremendous difference to the lower income
residents of the city.
Kenna Matthews, Habitat for Humanity, expressed her appreciation for the support of the City.
Habitat just completed their 42nd home in Orem, and she appreciates the City’s continued support of
affordable housing in the community.
Darrell Nobel, House of Hope, thanked the Commission and staff for all of their work during the
allocation process.
Mayor Washburn closed the public hearing.
Mayor Washburn voiced his appreciation to the Commission members for all of the time and thought
they put into this process. They try to be as fair as they can when recommending distribution of the
limited amount of funds.
Mrs. Black thanked the Commission for all of their efforts. She said the Council knows how hard it
is to make these decisions.
Mayor Washburn then indicated the Council will hold the second public hearing on April 26, 2011,
at 6:00 p.m., and they will adopt the resolution at that time if the final numbers have come in.
City Council Minutes – March 22, 2011 (p.6)
6:00 P.M. PUBLIC HEARING
RESOLUTION – Amending the Orem General Plan
Stanford Sainsbury, Development Services Director, presented a Planning Commission
recommendation that the City Council, by resolution, adopt the revised Orem General Plan.
In 2009, the Planning Commission and City Council reviewed the proposed General Plan. The
Planning Commission forwarded a positive recommendation to the City Council for approval of the
General Plan presented at that time. However, after several work sessions with the City Council, and
under their direction, staff made numerous modifications to the proposed General Plan. It was
determined at the last work session with the City Council that the General Plan would be addressed
in several phases.
This is the first phase and brings the General Plan to the current standards of the city. The next
phases will take individual topics and address them one at a time. Some of the future topics could
include: housing, the Utah Lake Shoreline Trail, Powell Slough boardwalk, creating a Central
Business District, city beautification, the rezoning of State Street for mixed uses and mass transit,
piping the North Union Canal for a non-motorized trail, rezoning portions of Geneva Road for retail,
high-density housing along the Bus Rapid Transit route, master planning the Lake View Area, etc.
The Planning Commission reviewed the proposed General Plan on March 2, 2011, and recommends
approval.
The General Plan is a written guide for the future development of the city. State law requires the
General Plan to include the following three elements: Land Use, Housing, and Transportation. This
proposal includes those three items along with other material requested by the City Council.
The General Plan consists of two parts, the text, and the map. This review only addresses the text.
Mayor Washburn opened the public hearing. No one came forward to speak, so Mayor Washburn
closed the public hearing.
Mrs. McCandless noted she is excited about this, and she looks forward to discussing the future
topics.
Mr. Hernandez thanked staff for putting this forward and for giving the Council a process and outline
to follow.
Mrs. McCandless moved, by resolution, to adopt the revised Orem General Plan. Mr. Hernandez
seconded the motion. Those voting aye: Mrs. Black, Mr. Hernandez, Mrs. McCandless, Mr.
Seastrand, Mrs. Street, Mr. Sumner, and Mayor Washburn. The motion passed unanimously.
ORDINANCE – Amending Sections 8-1-1, 8-1-8, 8-1-12, 8-1-13, and 8-1-20 of the Orem City
Code as They Relate to the City Cemetery Regulations
City Council Minutes – March 22, 2011 (p.7)
Chris Tschirki, Public Works Director, presented a staff recommendation that the City Council, by
ordinance, amend Sections 8-1-1, 8-1-8 (E) & (F), 8-1-12 (F), 8-1-13 (B) & (C), and 8-1-20 of the
Orem City Code as they pertain to cemetery regulations.
Chapter 8 of the Orem City Code deals with operations at the City Cemetery. In order to address
certain issues the City has been experiencing at the cemetery, the Public Works Department
recommends the following changes to Chapter 8:
1. Modify the definition of “Veteran” to conform to Utah Code Section 71-8-1, the Veterans’
Affairs Administration, the Veterans of Foreign Wars, and the American Legion. This
defines who is entitled to be buried in the Veteran section of the cemetery. Under the
amended definition a Veteran is defined as anyone who has served in the Armed Forces of
the United States, including members of the National Guard and Reserves. A person who has
had a dishonorable discharge does not typically qualify as a Veteran.
2. Modify the provision dealing with double depth burials in the cemetery. The ordinance
currently allows double depth burials anywhere in the cemetery provided the water table and
ground conditions allow for double depth burials. However, the soil type at the cemetery
(both upper and lower) is not well suited for double depth burials. In the Veterans’ section,
the City does not allow a funeral to be conducted at the grave site itself due to the danger of
side-wall collapse. The lower area is made up of Orem cobblestone which has no bonding
properties. The City currently only allows double depth burials for infants and double depth
burials in the Veterans’ section. Double depth burials are allowed in the Veterans’ section
because of the very limited space available in that area and because of the desire to allow a
spouse to be buried with a Veteran. The proposed amendment would make the ordinance
conform with the current practice.
3. Modify Section 8-1-12(F) to provide that the City is not responsible for damage to a
headstone or other objects placed on a grave site. Vault or monument companies drive into a
burial lot to set a vault or headstone and sometimes damage the headstone but don’t take
responsibility for the damage they cause. Family members of the deceased buried in the
cemetery complain and expect the City to cover the cost of repairs or replacement.
4. Modify Section 8-1-13(B) to provide that the concrete foundation of grave markers must be
installed in one continuous pour. Staff is finding that monument companies pour a headstone
in two steps. The first pour is four inches thick. It is allowed to dry and then the headstone is
placed on top of it with a concrete apron poured around the headstone. Headstones made in
this manner break easily because of these separate pours. There is a seam between the pours
that allows water to enter. During the winter months the freeze/thaw cycle breaks the
headstone apart. Also, whenever staff needs to remove a double headstone, these headstones
break apart and people tend to blame the City and want the City to replace it.
5. Modify Section 8-1-13(C) to require grave markers to be installed during normal business
hours. This amendment will help ensure that authorized cemetery personnel are present to
conduct an inspection and either deny or approve the headstone marker.
Mr. Seastrand questioned whether anyone has already purchased cemetery lots with the
understanding that they could have a double burial. Mr. Tschirki indicated, as far as he knows, there
has not been any.
City Council Minutes – March 22, 2011 (p.8)
Mr. Sumner asked how many lots are still available and what the expansion plans are. Mr. Tschirki
said there are two areas, the upper and lower. The lower area is currently being used for recreation,
and the upper area is at seventy percent of capacity.
Mr. Chesnut indicated once the Murdock Canal is enclosed, they might gain more area for burials.
Staff estimates that right now they have five to seven years left in the upper area.
Mrs. Black moved, by ordinance, to amend Sections 8-1-1, 8-1-8 (E) & (F), 8-1-12 (F), 8-1-13 (B) &
(C), and 8-1-20 of the Orem City Code as they pertain to cemetery regulations. Mrs. Street seconded
the motion. Those voting aye: Mrs. Black, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs.
Street, Mr. Sumner, and Mayor Washburn. The motion passed unanimously.
COMMUNICATION ITEMS
There were no comments on the communication item.
CITY MANAGER INFORMATION ITEMS
There were no information items.
ADJOURNMENT
Mr. Seastrand moved to adjourn the meeting. Mrs. Black seconded the motion. Those voting aye:
Mrs. Black, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Street, Mr. Sumner, and Mayor
Washburn. The motion passed unanimously.
The meeting adjourned at 7:03 p.m.
Donna R. Weaver, City Recorder
Approved: April 12, 2011
City Council Minutes – March 22, 2011 (p.9)