CITY OF OREM
COUNCIL MEETING MINUTES
November 12, 1985
7:00 p.m.
CONDUCTING:
Mayor DeLance Squire
ELECTED OFFICIALS:
Mayor DeLance W. Squire, Council members Earl
Farnworth, Harley Gillman, Richard Jackson, Stella Welsh,
Blaine Willes and Glen Zimmerman.
APPOINTED STAFF:
Daryl Berlin, City Manager; Stewart Taylor, Assistant City
Manager; Phillip Goodrich, Director of Administrative
Services; Bryce McEuen, City Attorney; Paul Johnson,
Deputy City Attorney; Jack Jones, Public Works Director;
Ed Stout, Development Services Director and Melody
Downey, Secretary.
INVOCATION:
Blaine Willes
Approval of Minutes
Mr. Gillman moved to approve the minutes of October 29, 1985 with the following correction:
Page 3, Paragraph 5, Line 1 to read, "Robert Fillerup and Ken Williams, Northridge . . ."
Mrs. Welsh seconded the motion. Those voting aye: Mr. Gillman, Mr. Squire, Mrs. Welsh, Mr.
Willes and Mr. Zimmerman. Those abstaining: Mr. Jackson and Mr. Farnworth. The motion
passed.
MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL
Appointment to Boards and Commissions - Board of Appeals
Mayor Squire recommended the appointment of Paul Magleby to the Board of Appeals. Mr.
Farnworth moved to approve the appointment as recommended. Mr. Gillman seconded the
motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh,
Mr. Willes and Mr. Zimmerman. The motion passed unanimously.
Commendation for Public Works Crew - Water line Replacement on 400 East
Mr. Zimmerman commended Jack Jones and the Public Works Department for the efficient
completion of the water line replacement on 400 East.
Motion - Certification of Canvass - General Election Results
Mr. Berlin explained that State Law requires official certification of the canvassing of the
election results. The canvassing was completed during the work session, and corrections were
reviewed and verified. After further discussion, Mrs. Welsh moved to officially certify the
canvass as completed and finalized. Mr. Farnworth seconded the motion. Those voting aye:
Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr.
Zimmerman. The motion passed unanimously.
Motion - Acceptance of Sewer Master Plan
This item was deferred to a later date.
Request to Set Public Hearing - Amend Zoning Ordinance - Landscaping in PC-2, PC-2 and PC3 Zones - December 3, 1985 at 8:00 p.m.
Mr. Berlin explained that this is a request to set a public hearing for December 3, 1985 at 8:00
p.m. to consider an amendment to the Zoning Ordinance which allows the City flexibility in
approving landscaping strips less than 20 feet in width in the PC-1, PC-2 and PC-3 zones, where
the strips abut public rights-of-ways. After further discussion, Mr. Farnworth moved to set the
public hearing as recommended. Mr. Zimmerman seconded the motion. Those voting aye: Mr.
Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman.
The motion passed unanimously.
Final Plat - Westview Terrace - Plat K - 1880 South 180 West - 1 Lot
Mr. Berlin explained that this is a request for final plat approval for Westview Terrace, Plat K,
located at 1880 South 180 West. The Planning Commission has reviewed the request and
recommends approval subject to the conditions as outlined in the resolution provided. After
further discussion, Mrs. Welsh moved, by resolution, to approve the final plat as recommended.
Mr. Willes seconded the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson,
Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion passed unanimously.
Discussion - Support of Central Utah Water Conservancy District - Bonneville Unit
Mr. Berlin explained that this is a discussion regarding the completion of the Central Utah
Project and the upcoming special election to decide the proposed repayment of the Central Utah
Water Project - Bonneville Unit. Mr. Jones and Don Christiansen from Central Utah Water
Conservancy District provided a review of the City's involvement with the C.U.P., and the
impacts that the completion of the project would have on the City of Orem as outlined in the
agenda report.
After further discussion, Mr. Zimmerman moved, by resolution, to express support for the
completion of the Central Utah Project. Mr. Willes seconded the motion. Those voting aye:
Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mr. Willes and Mr. Zimmerman. Those
voting nay: Mrs. Welsh. The motion passed.
PUBLIC HEARING - Rezone - 50 East 200 North - Hermes and Associates
Mr. Berlin explained that it is necessary to continue this public hearing to December 3, 1985 at
8:30 p.m. because the applicant has not yet presented a site plan to the Planning Commission for
their review and recommendation. After discussion, Mr. Jackson moved to continue this public
hearing to December 3, 1985 at 8:30 p.m. as recommended. Mr. Gillman seconded the motion.
Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr.
Willes and Mr. Zimmerman. The motion passed unanimously.
Report - Family City USA
Mr. Berlin explained that this is a report from Norm Nielson of SCERA regarding plans for the
Family City USA celebration. Mr. Nielson indicated that they are proposing similar activities as
last year's celebration, however, they would hope to extend the time and quality of the program.
The SCERA Board has committed to sharing 50% of the cost of program. It was proposed that
the City and SCERA each contribute $18,500.00 this year.
Mr. Jackson asked if the celebration would include a parade. Mr. Nielson indicated that to his
knowledge, the Chamber has been asked by the City to develop the parade. He indicated he
would be willing to work with the Chamber, but has some concern with holding the parade on
July 24th in competition with the Days of 47 Parade in Salt Lake.
Mr. Jackson indicated that he would go on record opposing any further contribution unless the
parade was included.
Mayor Squire indicated that the Chamber has been asked to coordinate the parade activities, but
SCERA could provide input and be involved in the planning.
After further discussion, Mrs. Welsh moved to authorize continued funding of the Family
USA Celebration in the amount of $18,500, to be formally approved, by resolution, at the
scheduled City Council meeting. Mr. Gillman seconded the motion. Those voting aye:
Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire and Mrs. Welsh. Those abstaining:
Willes and Mr. Zimmerman. The motion passed.
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Resolution - Request to waive, modify or adjust requirements for a non-conforming sign at
University Mall
Mr. Berlin explained that this is a request by University Mall to waive, modify or adjust
requirements for non-conforming signs, so they can replace the changeable copy portion of the
University Mall sign with an electronic message panel. Mr. Stout reviewed the ordinance
dealing with non-conforming signs, which states that, if strict compliance with the provisions
cause unusual or unnecessary hardship on the applicant, the City Council may waive, modify or
adjust the requirements. The applicant has submitted the following reason why the Council
should consider the requirements as an unnecessary hardship: (1) difficulty in changing copy,
which requires the use of scaffolding, etc.; (2) the increasing number of requests from Mall
businesses to place advertising messages on the sign; and (3) the message panel can serve
multiple users within the Mall.
Mr. Willes expressed that he does not feel that the sign will be materially modified by replacing
the changeable copy portion of the sign with an electronic message panel.
Mr. Jackson indicated that they would only be modifying the procedure for changing the sign.
After further discussion, Mr. Willes moved, by resolution, to waive the requirements for a nonconforming sign that is to be constructed in conformance with the site plan as submitted. Mrs.
Welsh seconded the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr.
Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion passed unanimously.
Discussion - Crossing Guard Petition - 250 East 400 North (Sharon Elementary School)
Mr. Berlin explained that this is a discussion regarding a petition requesting that a crossing guard
to be located at 250 East 400 North. Garry Guymon reviewed the results of the survey as
completed and indicated that the criteria merits consideration by the City Council for the
placement of a crossing guard.
Mrs. Welsh asked why there was a discrepancy between the first crossing guard survey and this
survey with regards to points given for lack of sidewalks. Mr. Guymon indicated that the points
for lack of sidewalks given in the second survey were given in error.
Julie Bussio indicated that she is representing many concerned parents who feel there is a great
need for a crossing guard, or flashing school lights to slow down the traffic on 400 North. She
indicated that accidents have occurred in this area.
There was some concern expressed regarding the crossing guard criteria and the associated point
system. It was suggested that additional discussion may be needed to clarify this issue.
Mr. Jackson suggested that a possible alternative plan could be to locate a stop sign on 400 North
possibly at 200 East to slow down the traffic. He feels that there could be problems associated
with approving crossing guards that are not adjacent to the school.
After further discussion, Mr. Zimmerman moved to deny the request for a crossing guard. The
motion failed due to no seconding vote.
Mr. Jackson moved to deny the request for placement of a crossing guard, but to authorize the
placement of a lighted school crossing sign at 250 East to be enforced by the City. Mr. Willes
seconded the motion.
Carol Hunt asked why their children should be required to walk along 400 North to the cross
walk at the intersection at 400 East, when all they need to do is get across 400 North at various
locations.
Mr. Guymon reported that the count of children crossing 400 North represented a total of all
children crossing 400 North at 200 East, 250 East and 400 East.
Mr. Jackson withdraw his motion.
Mr. Gillman moved to deny the request for a crossing guard at 250 East 400 North, and
suggested that additional discussion regarding the criteria established be held. Mr. Zimmerman
seconded the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Squire, Mrs Welsh
and Mr. Zimmerman. They voting nay: Mr. Jackson and Mr. Willes.
PUBLIC HEARING - Zoning Ordinance Amendment - Parking Requirements - Standard Land
Use Code 1241 - Retirement Homes/Center
Mr. Berlin explained that this is a public hearing to consider a request by Holiday Management
Company to amend the zoning ordinance to reduce the required number of parking stalls for
SLUC #1241 (Retirement Homes/ Centers) from one parking stall per sleeping room to one
parking stall per two sleeping rooms. Mr. Stout indicated that the applicant has submitted
statistical information from other retirement centers throughout the country which justify the
proposed reduction in the parking requirements. The Planning Commission has reviewed the
amendment request and recommends approval subject to the ordinance as presented.
The Council asked if the information provided regarding other retirement centers was verified by
City Staff. Mr. Stout indicated that it has not been verified.
After further discussion, Mr. Jackson moved to continue this public hearing to November 26,
1985 at 8:00 p.m. to allow staff time to verify the accuracy of the information regarding existing
Retirement Homes/Centers and their parking requirements. Mr. Zimmerman seconded the
motion. Those voting aye: Mr. Farnworth, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes
and Mr. Zimmerman. Those voting nay: Mr. Gillman. The motion passed.
Preliminary Plat Approval - Bruce Hafen PRD - 4 Lots - 580 South Carterville Road
Mr. Berlin explained that this is a request for preliminary plat approval for Bruce Hafen PRD,
located at 580 South Carterville Road. Mr. Stout reviewed the proposed development. The
Planning Commission has reviewed the request and recommends approval subject to the
conditions as outlined in the resolution provided.
After further discussion, Mr. Gillman moved, by resolution, to approve the preliminary plat as
recommended. Mr. Zimmerman seconded the motion. Those voting aye: Mr. Farnworth, Mr.
Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion
passed unanimously.
Conditional Use Permit - Brad Sargent - Automotive Repair - 1169 North State
Mr. Berlin explained that this is a request for approval of a conditional use permit for automotive
repair services, located at 1169 North State. Mr. Stout reviewed the proposed site plan. The
Planning Commission has reviewed the request and recommends approval subject to the
conditions as outlined in the resolution provided.
After further discussion, Mr. Farnworth moved, by resolution, to approve the conditional use
permit with an additional condition which requires that all cross easements (if necessary) be
acquired and approved by the City. Mr. Willes seconded the motion. Those voting aye: Mr.
Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman.
The motion passed unanimously.
Conditional Use Permit Amendment - Relocate Fence Automobile Repair - 1500 South State C-3 Zone
Mr. Berlin explained that this is a request for approval of a conditional use permit amendment to
relocate a fence at an auto repair service located at 1500 South State. Mr. Stout reviewed the
proposed amendment. He indicated that the applicant will maintain the property between the
property line and the building, and that the adjacent property owners will have use of said
property. The applicant has obtained the necessary signatures of the adjacent property owners
who concur with the change. The Planning Commission has reviewed the request and
recommends approval subject to the conditions as outlined in the resolution provided.
After further discussion, Mr. Jackson moved, by resolution, to approve the conditional use
permit amendment, with an additional condition which states that the land east of the relocated
fence is be maintained in an orderly fashion by the applicant. Mr. Willes seconded the motion.
Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr.
Willes and Mr. Zimmerman. The motion passed unanimously.
Adjourn to a Closed Door Session
Mr. Jackson moved to adjourn to a closed door session to discuss litigation. Mr. Zimmerman
seconded the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire,
Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion passed unanimously. The meeting
adjourned at 8:42 p.m.
Closed Door Session
A closed door session was held at 8:43 p.m. to discuss litigation. Those in attendance were:
Mayor Squire; Councilmembers Farnworth, Gillman, Jackson, Welsh, Willes and Zimmerman;
Daryl Berlin, City Manager; and Paul Johnson, Deputy City Attorney. The meeting adjourned at
8:55 p.m.
Reconvene To City Council Meeting
The City Council Meeting reconvened at 8:56 p.m.
Discussion - Set Public Hearing - Parking and Frontage Setback - LDS Church - December 17,
1985 at 7:30 p.m.
Mr. Berlin explained that this is a request by Leland Howell, for the Vineyard LDS Church, to
set a public hearing to amend the Zoning Ordinance dealing with parking and set back
requirements in the residential zones. Mr. Stout reviewed the proposed site plan and the
requested modification dealing with parking in the front setback. Staff and the Planning
Commission feel that the Ordinance needs to be modified because it is not flexible; however, the
applicant is requesting that the Ordinance be even less restrictive than what is being proposed by
staff. Mr. Stout indicated that parking has been allowed in the front setback on a few occasions,
as a result of slipping through the Development Review Committee process. The Planning
Commission recommends that the public hearing be set for December 17, 1985 at 7:30 p.m.
Mr. Gillman suggested that the hearing be set for December 3, 1985 rather than December 17,
1985 as this is a major problem.
After discussion, Mr. Jackson moved to set the public hearing for December 3, 1985 at 9:00 p.m.
Mr. Gillman seconded the motion.
Leland Howell indicated that they are only requesting that the Council allow the additional
parking, without going through the ordinance amendment, in light of the other existing
developments that have been approved with similar setbacks and frontages. They feel that their
request is necessary for the following reasons: (1) safety to the surrounding residents and church
members; (2) the unique nature of site; (3) the building is constructed in a "rural" residential
area.
Paul Johnson, Deputy City Attorney, indicated that the Council is bound by their ordinances and
cannot approve something that is contrary without changing the ordinance.
Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr.
Willes and Mr. Zimmerman. The motion passed unanimously.
Discussion - Alternate Entrance - Garden Park PRD
Mr. Berlin explained that, pursuant to Council direction, a study has been completed regarding
an alternate entrance/exit from Garden Park PRD. Mr. Jones provided a complete review of the
possible alternatives and associated costs.
Mr. Callahan, President of the Homeowner's Organization, indicated that he feels that it would
be appropriate to provide these alternatives to the homeowners and to let them decide what
action they would like to pursue, if any.
Cal Monson, representing Mrs. Judkins, indicated that any benefit to Garden Park should be paid
for by Garden Park homeowners. Mrs. Judkins would be interested in discussing alternatives
involving her property.
Resolution - Installation of Street Light - 950 North 600 East
Mr. Berlin explained that this is a resolution authorizing the installation of a street light at 950
North 600 East as requested by the Canyon View Junior High School PTA.
There was some concern expressed that this was not an established major intersection.
After further discussion, Mr. Zimmerman moved, by resolution, to authorize the installation of
the street light as recommended. Mr. Jackson seconded the motion. Those voting aye: Mr.
Jackson, Mr. Squire, Mr. Willes and Mr. Zimmerman. Those voting nay: Mrs. Welsh, Mr.
Gillman, and Mr. Farnworth. The motion passed.
Bid Award - Curb, Gutter and Sidewalk Project #179 (950 North 600 East)
Mr. Berlin explained that this is a bid award for curb, gutter and sidewalk located at 950 North
600 East (Project #179). The low bid was received from Gordon Brothers Concrete in the
amount of $7,330.50. After further discussion, Mr. Jackson moved, by resolution, to award the
bid to Gordon Brothers Concrete as recommended. Mr. Gillman seconded the motion. Those
voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and
Mr. Zimmerman. The motion passed unanimously.
Bid Award - Project #153 - 1600 North - State Street to 800 East
Mr. Berlin explained that this is a bid award for CIP project #153 (1600 North from State Street
to 800 East). Mr. Jones reviewed the background as provided in the agenda report. The low bid
was received from Western Quality Concrete in the amount of $745,366.47, which was
$209,844.47 over the budgeted amount. Mr. Jones reviewed the reasons for the overage as
outlined in the agenda report. Modifications were made to reduce the total bid amount to
$659,448.43.
After further discussion, Mr. Willes moved, by resolution, to award the bid to Western Quality
Concrete in the amount of $659,448.43 as recommended. Mr. Farnworth seconded the motion.
Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr.
Willes and Mr. Zimmerman. The motion passed unanimously.
Final Inspection - Segment II - Waste Water Treatment Plant
Mr. Berlin explained that this is a request for the Council to accept the completed construction of
Segment II of the Waste Water Treatment Plant from Alder Construction Company, and to
authorize the Mayor to execute the Grantee's Release and Assignment of the Federal Share of
Refunds, Rebates and Credits. Mr. Jones indicated that the City has requested final payment
inspection from the State Department of Health on Segment II of the Waste Water Treatment
Plant. The above mentioned requests are some of the requirements necessary prior to final
inspection.
After further discussion, Mrs. Welsh moved, by resolution to accept the completed construction
as recommended. Mr. Zimmerman seconded the motion. Those voting aye: Mr. Farnworth, Mr.
Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion
passed unanimously.
Mrs. Welsh moved to authorize the Mayor to execute the Grantee's Release and Assignment as
recommended. Mr. Zimmerman seconded the motion. Those voting aye: Mr. Farnworth, Mr.
Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion
passed unanimously.
Discussion - Agreement between Brigham Young University and City of Orem - Timpanogos
Research and Technology Park
Mr. Berlin explained that this is a discussion regarding an agreement with Brigham Young
University which establishes a formal relationship between BYU and the Timpanogos Research
and Technology Park (TRTP), for the purpose of carrying out research, technological
development, and economic development activities within the TRTP.
Mr. Renzas from CEDO and John Lamb, John Hoffmire, and Bill Siddoway, BYU School of
Management, provided a review of the proposed relationship, which included the following
goals: (1) encourage the transfer of technology from BYU to the Research Park, thereby creating
job opportunities and improving the technology base of the local economy; (2) encourage firms
to locate at the Research Park and to contract for research with various BYU departments; and
(3) make available education and technical resources of the University to companies locating in
the Research Park.
John Hoffmire described his role as liaison or coordinator of this project. The proposed budget
and funding for the project was reviewed.
Mr. Berlin explained that a meeting with the proposed developer, the University, CEDO and the
City has been scheduled. The proposed costs will pass from CEDO through the City to BYU, to
be reimbursed by the developer of the park. He indicated that it is recommended that the Mayor
be authorized to pursue the proposed cooperation between the TRTP and BYU, and to execute
the formal agreement.
Mr. Jackson expressed that he would be reluctant to approve this agreement without proof that
reimbursement can be guaranteed, and would prefer to finalize the negotiations with the
proposed developers first.
Mr. Renzas reviewed briefly the detailed budget for the project. He indicated that this is a
coordination of efforts by the City, CEDO and BYU. He indicated there is an urgency involved
as they are trying to meet the November 15 deadline for application of State funds. CEDO is
willing to provide the funding, and would ask that if the money is not reimbursed by developer,
that the City would reimburse the funds to CEDO.
After further discussion, Mr. Zimmerman moved to authorize the Mayor to execute the
agreement as presented. Mrs. Welsh seconded the motion. Those voting aye: Mr. Farnworth,
Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The
motion passed unanimously.
Motion - Letter of Authorization - Joint Bond Issuance - IHC
Mr. Berlin explained that this is a discussion regarding final financing arrangements for the
addition to Orem Community Hospital, along with several other IHC construction projects being
considered as a joint bond issuance, with Salt Lake City being the issuing entity. In order to
proceed with preparation of the bonds, it would be necessary for the City to authorize Salt Lake
City to proceed, by authorizing the Mayor to execute the Letter of Authorization provided. After
further discussion, Mr. Jackson moved to authorize the Mayor to execute the Letter of
Authorization to Salt Lake City regarding the joint issuance of IHC Industrial Revenue Bonds.
Mr. Gillman seconded the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson,
Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman. The motion passed unanimously.
Adjourn to Redevelopment Agency Meeting
Mr. Farnworth moved to adjourn to a Redevelopment Agency meeting. Mr. Willes seconded the
motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh,
Mr. Willes and Mr. Zimmerman. The motion passed unanimously. The meeting adjourned at
10:15 p.m.
Reconvene to City Council Meeting
Mrs. Welsh moved to reconvene to the City Council meeting at 10:25 p.m. Mr. Willes seconded
the motion. Those voting aye: Mr. Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs.
Welsh, Mr. Willes and Mr. Zimmerman. The motion passed unanimously.
Letter - Concerns about UTA - Representative Samuel S. Taylor
This item was provided for the Council's information.
Revenue and Expenditure Report - October, 1985
This item was provided for the Council's information.
Adjournment of Meeting
Mrs. Welsh moved to adjourn. Mr. Farnworth seconded the motion. Those voting aye: Mr.
Farnworth, Mr. Gillman, Mr. Jackson, Mr. Squire, Mrs. Welsh, Mr. Willes and Mr. Zimmerman.
The motion passed unanimously. The meeting adjourned at 10:30 p.m.