CITY OF OREM
CITY COUNCIL MEETING
July 22, 2003
5:00 P.M. STUDY SESSION
CONDUCTING
Mayor Jerry C. Washburn
ELECTED OFFICIALS
Councilmembers Les Campbell, Douglas R. Forsyth,
Stephen E. Sandstrom, and Shiree Thurston.
APPOINTED STAFF
Jim Reams, City Manager; Paul Johnson, City Attorney;
Richard Manning, Assistant City Manager; Jeff Pedersen,
Administrative Services Director; Bruce Chesnut, Public
Works Director; Jerry Ortiz, Recreation Director; and Donna
Weaver, City Recorder
EXCUSED
Councilmembers Dean Dickerson and Karen McCandless
STATUS REPORT – Nielsen’s Grove Excavation.
Asa Nielsen, archeologist, provided the Council with a status report on the excavation efforts at
Nielsen’s Grove. He indicated it has been a totally volunteer effort. A number of artifacts, such as
glass, tile, and metal fragments dating after the time of the Nielsen family, have been found. He said
that tomorrow he would submit an excavation permit from the State for the small building
foundation that has been identified near Sandhill Road. He anticipated the permit could be approved
in a week. Mr. Nielsen identified the need for a metal detector, and Bruce Chesnut committed to
have one at the site tomorrow morning. The Section 106 requirements have now been completed to
qualify for federal funding. The excavation should not interfere with the current construction at the
park.
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
CITY COUNCIL NEW BUSINESS
Councilmember Thurston
She inquired about the status of the Senior Friendship Center sign, and subsequent to Council
discussion, it was scheduled for the August 26, 2003, City Council meeting.
Mrs. Thurston reminded the Council that Senior Day at the Park was on Saturday, August 23, 2003.
The Council adjourned at 5:55 p.m. to the City Council Chambers for the regular meeting.
City Council Minutes – July 22, 2003 (p.1)
6:00 P.M. REGULAR SESSION
CONDUCTING
Mayor Jerry C. Washburn
ELECTED OFFICIALS
Councilmembers Les Campbell, Dean Dickerson (joined the
meeting via telephone at 6:18 p.m.), Douglas R. Forsyth,
Stephen E. Sandstrom, and Shiree Thurston.
APPOINTED STAFF
Jim Reams, City Manager; Paul Johnson, City Attorney;
Richard Manning, Assistant City Manager; Bruce Chesnut,
Public Works Director; Jason Bench, Planner; and Donna
Weaver, City Recorder
EXCUSED
Councilmember Karen A. McCandless
PLEDGE OF ALLEGIANCE
Mark Burton
INVOCATION
Vonja Wilkinson
APPROVAL OF MINUTES
City Council Meetings of July 1 and 8, 2003
Mr. Campbell moved to approve the minutes of the July 1 and 8, 2003, meetings of the Orem City
Council. Mr. Forsyth seconded the motion. Those voting aye: Mr. Campbell, Mr. Forsyth,
Mr. Sandstrom, Mrs. Thurston, and Mr. 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
The Mayor did not make any appointment at this time.
Recognition Of New Neighborhoods In Action (NIA) Officers
Joyce Johnson recognized the following new NIA officers:
Harold and Dana Rogers
Craig Palmer
Westmore Chairs
Hillcrest Chair
City Council Minutes – July 22, 2003 (p.2)
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the
agenda.
No one came forward to speak.
CONSENT ITEMS
Mr. Campbell moved to approve the following Consent Item. Mr. Forsyth seconded the motion.
Those voting aye: Mr. Campbell, Mr. Forsyth, Mr. Sandstrom, Mrs. Thurston, and Mr. Washburn.
The motion passed unanimously.
SET PUBLIC HEARINGS
August 5, 2003
6:45 P.M.
 PD-15 – Sleepy Ridge Golf Course Development – Text Amendment – 2000 West
Springwater Drive. Golden Fairways has made application to amend various portions
of the text for the PD-15 zone in relation to required setbacks, lot width, density,
architectural elevations, and remove the buffered sidewalk requirement. The
proposed changes increase the possible density for multifamily units. The lot size
average for the single-family development areas will be 7,200 square feet.
August 26, 2003
6:15 p.m.
 Amending Section 22-8-8, Zone Development Standards, Section 22-19-1(A) and
Appendix A, SLU 6111, Check Cashing and Other Credit Services
The first request is to modify Section 22-8-8, Zone Development Standards, by
changing the setback requirement in the C3 zone from a dedicated street from forty
(40) feet to thirty (30) feet.
The second request by the applicant is to modify Appendix A by changing
Standard Land Use Code 6111, Check Cashing and Other Credit Services, from
not permitted to permitted in the C3 zone.
The Council took a short break at 6:10 p.m. so Councilmembers Dickerson and McCandless could
join the meeting electronically. Due to a poor phone connection, Mrs. McCandless did not join the
meeting. The meeting reconvened at 6:18 p.m.
SCHEDULED ITEMS
CONTINUED DISCUSSION - ORDINANCE - Zoning Ordinance Amendment - Enact Section
22-6-10(G), Conditional Uses in Certain Historic Buildings.
Jason Bench, City planner, reviewed with the Council a recommendation to enact
Section 22-6-10(G), Conditional Uses in Certain Historic Buildings, of the Orem City Code. He
noted that on July 1, 2003, the Council discussed this item and took public comment regarding the
City Council Minutes – July 22, 2003 (p.3)
proposal. The City Council continued the item for the purpose of holding a neighborhood meeting to
allow the applicant an opportunity to discuss the proposed amendment with the neighborhood and
address any concerns regarding the proposed ordinance amendment.
A neighborhood meeting was held on July 15, 2003, at the City Center. Approximately thirtyfive people were in attendance. Mr. Wilkinson made a short presentation and answered many
questions. A consensus in favor of the proposed ordinance was reached based on the following facts:
1. The neighborhood would like to see the City of Orem help in the preservation of historic
homes.
2. Those in attendance would rather see the home restored and used as a small office rather than
to continue as a run down residential rental property.
The purpose of the amendment is to allow for the preservation of historic buildings in Orem City.
The amendment would allow for a limited type of professional office within historic buildings which
can meet the requirements outlined in the proposed ordinance. However, it is not intended for all
historic homes in Orem to use this amendment.
The ordinance was proposed in such a way as to reduce the impact of the limited professional office
uses in residential zones, while allowing those homes which are on the National Register of historic
places and located on a minor arterial or principal collector in connection with other criteria to have
this option as a tool for preservation.
A total of twenty-two homes are listed on the national register of historic places in Orem. However,
only two historic homes (815 East 800 South and 206 West 1600 North) would be potentially
affected by the proposed ordinance. Although this amendment will not affect all the historic homes
in Orem, it is one tool to use in the preservation of historic homes which can meet the requirements
proposed.
Negative impacts of this ordinance include the fact that the professional office would be located in a
residential area, and could have additional parking associated with the office use. The applicant has
requested this amendment in order to locate a legal office in a historic structure located at 815 East
800 South.
Mrs. Thurston expressed concern about the fencing requirements, and Mr. Bench said the intent was
for the house to fit into the residential neighborhood. There is some flexiblity in the ordinance
language for the Council to place conditions on the fencing requirements during the conditional use
permit process.
Ron Wilkerson, applicant, said one of the neighbors to the east is constructing a wooden fence, and
he has offered to complete it the rest of the way along the east side of the property.
Mayor Washburn noted that it would be the responsibility of the applicant to maintain any fence that
is built.
Mrs. Thurston said she is concerned that a “living” fence could be used, and Mr. Johnson replied that
he did not think such a fence would fulfill the requirement to be site obscuring.
City Council Minutes – July 22, 2003 (p.4)
Mr. Sandstrom remarked that the Council had talked about this issue during the public hearing. He
read from the minutes of that meeting about the discussion, saying he feels the current language
provides more flexiblity to any applicant.
Mr. Forsyth reaffirmed that there is the option to control the fence during the conditional use permit
process, and the Council would have more information about a specific request at that point. He said
it would not be attractive to have a masonry fence. The Council is trying to make this use fit into the
neighborhood and to not stand out as a business. Mr. Campbell agreed.
Jay Buckley, Historic Preservation Advisory Commission, stated the commission is in favor of this
proposal. The ordinance has been written very narrowly to limit the number of homes this could be
applied to.
Mr. Dickerson asked who would determine if the construction would negatively impact the historic
character of the building, and Mr. Bench indicated the Historic Preservation Advisory Commmission
would make a recommendation to the City Council, which would then make a decision.
Mrs. Thurston commented that she is not convinced that allowing commercial developments would
not negatively impact the neighborhoods. She would prefer that this building was preserved as a
historic home rather than a business.
Mr. Sandstrom moved, by ordinance, to enact Section 22-6-10(G), Conditional Uses in Certain
Historic Buildings, of the Orem City Code with the change that Standard Land Use code 6597would
read “Family & Behavioral Counseling; (Except alcohol or drug counseling for more than one (1)
family at a time shall be prohibited.” Mr. Forsyth seconded the motion. Those voting aye: Mr.
Campbell, Mr. Dickerson, Mr. Forsyth, Mr. Sandstrom, and Mr. Washburn. Those voting nay: Mrs.
Thurston. The motion passed.
Mr. Dickerson left the meeting at 7:53 p.m. due to problems with the phone connection.
MOTION – AGREEMENT – Purchase of 1.05 acres of property at approximately 300 West
University Parkway from the Central Utah Project (CUP).
AGREEMENT – Sale of 1.05 acres of property at approximately 300 West University Parkway
to Ken Garff Nissan.
Mr. Reams presented to the Council a recommendation to (1) approve the agreement to purchase
approximately 1.05 acres at 300 West University Parkway from the CUP and authorize the Mayor to
sign the agreement; and (2) approve the agreement to sell approximately 1.05 acres at 300 West
University Parkway to Ken Garff Nissan and authorize the Mayor to sign the agreement. Mr. Reams
indicated that University Parkway is a major retail corridor serving Orem and the entire county. Few
vacant parcels are available for development along the parkway. Development of this parcel is
important to Orem’s economic development.
Ken Garff Nissan has a contract to purchase the Cross property of 3.4 acres (PD-5 zone) at
approximately 300 West. This parcel is only suitable for commercial development if developed in
conjunction with the CUP property, which lies between the Cross property and University Parkway.
City Council Minutes – July 22, 2003 (p.5)
The CUP is willing to sell the property to the City of Orem, since it is a governmental agency. The
sale is for $13.75 per square foot, an appraised value for the property. The City will then sell the
property to Ken Garff at the same price the property was purchased.
Before the property can be developed, it will be necessary for Ken Garff Nissan to submit a site plan
for approval.
Mayor Washburn observed that Orem would be functioning as a facilitator in the process. No favors
would be given in this transaction, but it would merely speed up the process.
Mr. Reams indicated the CUP can sell the property to the City at appraised value. The property
cannot be developed by itself, and it makes sense to combine these two properties. He indicated that
the CUP property and the Cross property are both designated as Regional Commercial and currently
zoned PD-5, which is a regional commercial zone.
Mr. Forsyth moved to (1) approve the agreement to purchase approximately 1.05 acres at 300 West
University Parkway from the CUP and authorize the Mayor to sign the agreement; and (2) approve
the agreement to sell approximately 1.05 acres at 300 West University Parkway to Ken Garff Nissan
and authorize the Mayor to sign the agreement. Mr. Campbell seconded the motion.
When Mayor Washburn noted that the City would not be left “holding the bag,” if the sales did not
go through, Mr. Reams indicated the City would pay the CUP $1,000 for its time if that were to
happen.
Mayor Washburn called for a vote. Those voting aye: Mr. Campbell, Mr. Forsyth, Mr. Sandstrom,
Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.
MOTION – Approve Golf Course Name.
Golden Holt, Golden Landscaping, introduced the golf course designer Matt Dye, who gave the
Council a status report on the golf course construction.
Mr. Holt said he feels very fortunate to have Matt Dye--whose uncle is Pete Dye, the grandfather of
golf course design--as the designer for this course. Mr. Dye’s goal is for this golf course to appear in
Golf Course Digest’s top 50 new golf courses under $50. Mr. Holt noted the golf course design
impacts only about half an acre of wetlands. The first nine holes could be available for play in the
spring of next year, but the complete course is not expected to open until some time between July
and September 2004.
When Mr. Forsyth wondered about the impact of a heavy rain season on the drainage system, Mr.
Dye indicated that in a very rainy year the course would be wet and some rounds of golf would be
lost. The only way to avoid that would be to spend $2 million on sand.
Mr. Holt noted that as part of his agreement with the City, he is required to suggest a name for the
new municipal golf course. He said he is recommending that the golf course be named “Sleepy
Ridge City of Orem Golf.” This name is taken from Sleepy Ridge Lane, which is at the northeast
City Council Minutes – July 22, 2003 (p.6)
edge of the golf course as well as the name selected for the surrounding residential development.
The ridge is in reference to not only the lane but the backdrop of Mount Timpanogos.
Mr. Sandstrom remarked that there really is a ridge at Sleepy Ridge Lane. He said he likes the name
but would prefer that it be Orem City rather than City of Orem.
Mr. Holt indicated that, for marketing reasons, he would prefer not to have “course” at the end of the
name.
Mayor Washburn commented that it makes sense that the housing development and the golf course
have the same name.
Mr. Forsyth moved to name the golf course Sleepy Ridge Orem City Golf. Mr. Sandstrom seconded
the motion. Those voting aye: Mr. Campbell, Mr. Forsyth, Mr. Sandstrom, Mrs. Thurston, and Mr.
Washburn. The motion passed unanimously.
COMMUNICATION ITEMS
There were no comments on the Communication Items.
City Center Building
Mrs. Thurston asked about the air conditioning problems that have been experienced in the City
Center building lately. Mr. Reams said the building needs some remodeling, but that will have to
wait until the funding is available.
CITY MANAGER INFORMATION ITEMS
Cable Channel 17
Mr. Reams commented that the City’s cable Channel 17 is used primarily by UVSC for classes. A
survey was conducted last year of cable subscribers, and they were overwhelmingly indifferent about
the channel. Mr. Reams indicated that the free service subscription is now running out, and the City
needs to decide if it should be continued at the cost of $5,000 per year. He noted if the City decides
not to continue the service subscription, the channel would still belong to the City. It would take
about a year’s notice to UVSC if the City wanted to take back some of the time slots.
Mayor Washburn remarked that it appears the newsletters and newspaper articles about City issues
are seen by more of the public than Channel 17.
The consensus of the Council was to not take the service subscription for Channel 17.
Posted Speed Limits Discussion
Mr. Sandstrom expressed concern that he would not be able to attend the August 5, 2003, meeting
when the speed limit issue would be discussed again. Subsequent to Council and staff discussion, it
was determined the speed limit deliberation would be moved to August 12, 2003.
City Council Minutes – July 22, 2003 (p.7)
ADJOURNMENT TO CLOSED DOOR – Litigation and Property Acquisition
Mr. Forsyth moved to adjourn to a closed-door session to discuss litigation and property acquisition
pursuant to Sections 52-4-5(1)(a)(iii) and (iv) of the Utah Code Annotated. Mrs. Thurston seconded
the motion. Those voting aye: Mr. Campbell, Mr. Forsyth, Mr. Sandstrom, Mrs. Thurston, and Mr.
Washburn. The motion passed unanimously.
The meeting adjourned at 7:25 p.m.
CLOSED-DOOR SESSION
A closed-door session was held at 7:30 p.m. to discuss litigation and property acquisition pursuant to
Sections 52-4-5(1)(a)(iii) and (iv) of the Utah Code Annotated. Those in attendance were: Mayor
Jerry Washburn; Council members Les Campbell, Doug Forsyth, Stephen Sandstrom, and Shiree
Thurston; staff members Jim Reams, Paul Johnson (left the meeting at 7:45 p.m.), and Donna
Weaver.
The meeting adjourned at 8:18 p.m.
Donna R. Weaver, City Recorder
Approved: August 5, 2003
City Council Minutes – July 22, 2003 (p.8)