CITY OF OREM
COUNCIL MEETING MINUTES
October 15, 1991
6:05 p.m.
CONDUCTING:
Mayor Joyce W. Johnson
ELECTED OFFICIALS:
Mayor Joyce W. Johnson, Council members George M
Bailey, Kelvin C. Clayton, Jim Evans, and Lucile M.
Steele.
APPOINTED STAFF:
Daryl Berlin, Stewart Taylor, Phillip Goodrich, Paul
Johnson, Ott Dameron, Ed Stout and Melody Downey
EXCUSED:
Keith Hunt and Norman K. Woodhouse
PLEDGE OF ALLEGIANCE:
Curt Justice, Boy Scout
INVOCATION:
Jim Evans
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns and comments on items not on
the Agenda.
Mrs. Barbara Howell who lives at 918 South 725 West stated that the traffic impact on the
residents near the UVCC is very undesirable. The parking problem is also a problem for these
residents as students will park in flower beds, across driveways and in areas marked no parking.
They indicate that they did not have these problems until the 800 South access was opened up.
They are asking that some of the accesses be closed or something be done to remove this traffic
and parking hazard from their neighborhoods.
Mayor Johnson requested staff to look at this problem and to work with UVCC to alleviate the
problem.
Mr. Evans inquired if that was something the Community College could look at. Mr. Berlin
indicated that would be the proper place to start.
Mr. Dameron stated that he has a meeting with President Romesberg and the City Manager to
talk about the proposed relocation of the road. One of the concerns they have in closing the road
is whether it would create more problems. Mr. Berlin stated that the campus is growing rapidly
and access to it is a definite problem. This item will be brought back for additional discussion.
Mike Rasmussen, 938 East l050 North, requested the Council to consider the safety of the
children who attend Canyon View Jr. High and Orchard Elementary School on 800 East and 900
North. He stated that with the recently approved Day Care Center in the immediate vicinity, the
traffic on this street would increase. Presently there are over 80 cars coming through the
crosswalk and approximately 230 students at approximately 8:30 in the morning. He presented
the Council with the names of students who had been injured at that location in the last two
years. This item will be brought back with additional information.
APPROVAL OF MINUTES
The Minutes of the City Council Meeting of October 1, 1991 will be presented and approved at
the meeting on October 29, 1991.
MAYORS REPORTS/ITEMS REFERRED BY COUNCIL
Park-It Week
Mayor Johnson stated that this week, October 14th through 19th is Park-It Week in Orem and
Provo. The newspapers were carrying ads with an opportunity to pledge to ride the bus during
this week. Participants would pledge, be given a T-shirt, and would be allowed free rides on
UTA busses during this week when wearing or showing the T-shirts. Residents were encouraged
to park their cars and use alternate transportation as much as possible during this drive.
Mayor Johnson also read a Proclamation for the week of October 19th through the 27th
proclaiming this week as "Drug Free and Proud" Week across America. Residents were
encouraged to participate in this activity.
CONSENT ITEMS
Quit Claim Deed - Palisades Cove Plat A, Lot 6 - Terry Harward
Mr. Berlin indicated that the conditions listed in the Agreement with Mr. Harward for the
development of Palisade Cove Subdivision had been completed and the property was to be Quit
Claimed to Mr. Harward.
Mr. Bailey moved to authorize the execution of the Quit Claim Deed. Mr. Evans seconded the
motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele.
The motion passed unanimously.
SCHEDULED ITEMS
Certification of Election Canvass and Recount
Mrs. Downey explained the process that needed to take place to officially and legally canvass the
election and recount of the votes.
Mr. Berlin indicated that the Council had a 6:30 p.m. Public Hearing and since it was 6:30, they
needed to either postpone the Public Hearing or continue this item after the Hearing. Mr. Bailey
moved to postpone the 6:30 Public Hearing until this item was complete. Mr. Evans Seconded
the motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs.
Steele. The motion passed unanimously.
Mrs. Downey explained the process that had been followed in recounting the ballots and that
there were considerable number of votes that had to be discarded because the ballots were
incorrectly double-marked. The second recount indicated that Mr. Bailey had 1,412 and Mr.
Weeks had 1,411. Mayor Johnson indicated that because of the closeness of the vote, she felt that
another recount was necessary. Mr. Evans stated he felt that only those districts that had been
different from the original count would need to be counted. Mrs. Downey indicated that there
were an unusually high number of votes that had to be discarded, but she had not counted them.
Mr. Bailey stated that he wished to withdraw his candidacy and read a prepared letter with his
reasons. (Letter is part of the record) Mr. Bailey stated that some of his reasons were that no
judge should have authority to determine who would be the candidate and Mr. Weeks had
indicated he would pursue legal recourse if the 2nd recount were used. He also felt that by
withdrawing, the City Council could not be falsely accused of improper actions by requesting the
second recount. Another reason given by Mr. Bailey was if legal action were pursued, it would
greatly restrict the time left to either candidate to effectively campaign before the general
election in November. He expressed his concern for the City, its future, and its citizens and
hoped that whomever was elected would serve the City well and not force their own personal,
religious or political philosophies or their anger on the citizens.
Mayor Johnson expressed regret that Mr. Bailey was withdrawing, but indicated that it was the
noble thing to do.
Mrs. Downey then proceeded with the certification of the voting as well as the certification of
the Bond Election.
After the Councilmembers finished the certification process, Mr. Clayton moved to certify the
results of the election canvass and recount, and also the withdrawal of Mr. Bailey with Mr.
Weeks being one of the candidates for the two year Council seat. Mrs. Steele seconded the
motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele.
The motion passed unanimously.
Mr. Clayton then moved to formally certify the results of the Bond Election. Mrs. Steele
seconded the motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and
Mrs. Steele. The motion passed unanimously.
Mr. Clayton expressed appreciation to Mrs. Downey for her many hours during this recent
election process and the extra service which she gives to the City.
PUBLIC HEARING - Street Vacations
A. "A" Street from 650 North to 700 North
Mr. Berlin explained that during the design phases of Orem Boulevard, Mr. Patton Kwan, owner
of the Mon-a-lea Mobile Home Park had petitioned the City to vacate a portion of"A" Street
allowing him to increase the size of the entry way into the park's north side and continue to
provide a 30 foot access to the properties currently located on the east side of "A" Street.
Mr. Dameron stated that this portion of "A" Street is owned by the City, but improvements have
never been constructed. As part of the Orem Blvd. Project, the City intends to improve this
portion of "A" street with asphalt, curb, and gutter and would include 28 feet of asphalt with a 2
foot curb and gutter. The vacated part would then be deeded to the adjacent property owners. The
City would reserve permanent ingress and egress easements and a public utility easement in
place of the portion of "A" street being vacated.
Mr. Dameron stated that some of the other neighbors had also requested that the street be vacated
and property be deeded to the adjacent property owners.
Mr. Ted Thaxton, City Engineer, indicated that "A" street is 50 feet wide and that only Holts and
Batley will be using it. As it is proposed, the City will abandon the entire street, write up a
special agreement, and maintain a 30 foot easement for the use of adjacent property owners. The
current right-of-way is 50 feet and the completed street would be 30 feet.
Mr. Bailey inquired if it was standard operating procedure to do the improvements first and then
vacate the property. Mr. Dameron stated that the City had intended to improve this section while
doing Orem Blvd., but now the property owners had requested that the street be vacated.
Mr. Keith Batley stated that Valley Floral is in front of his business, with frontage on State
Street. He felt that he was entitled to a road as he has been paying $2000 to $3000 a year in taxes
and wants the City to maintain the road.
Mr. Richard Keilar stated he owned the property north to the Batley property and expressed
concern about the different height between his property and the road. When erosion takes place,
will he be liable? He also expressed concern that all the access is going over his proposed
personal property and would he be liable for damages and injury. Mr. Dameron indicated that
when the street was graded appropriately, there would not be a steep bank that is now shown.
Mr. Johnson, City Attorney, indicated that property owners are liable, but it is not automatic, it
needs to show negligence on their part.
Mr. Bailey inquired why the street needed to be vacated. Mr. Dameron stated that Mr. Kwan
wanted this done to widen the entryway on the north side of the park to allow easier access for
mobile homes to move in and out. Mr. Scott Madsen, Manager of the Mon-a-lea Mobile Home
Park stated that he had requested it to widen the entrance and build a six (6) foot high fence to
run from one end to 700 North to Orem Blvd and, up to this entrance. He stated it would also cut
down the noise for the tenants in the park, both now and in the future as more commercial
development comes in.
Mayor Johnson indicated that it was past time for the 7:00 p.m. Public Hearing and requested a
motion to either postpone it, or to delay a decision on this Public Hearing. Mrs. Steele moved to
postpone the 7:00 p.m. Hearing until the completion of this one. Mr. Evans seconded the motion.
Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele. The
motion passed unanimously.
Mr. Keilar inquired what was going to hold the wall together and protect his property which he
had paved a year and a half ago, and it is already eroding. He actually prefers a private drive.
Mayor Johnson officially closed the Public Hearing.
Mr. Evans stated that the Council has recently had private developers come in and request the
City to take back roads, etc. in their developments. Should this be done the same way and have
these people come back to us later for upkeep. Do we have any other options? Mr. Dameron
indicated that the fence lies inside the City right-of-way and that the Mobile Home Park owner
wants a block wall to shield his residents from the commercial businesses in the area. If the City
improves the entire right-of-way, the fence would be even closer to this property and he is the
one requesting it.
Mr. Berlin indicated that some of the options were to vacate, or keep it the way it is all the way
or also narrow the width down and maintain a 30 foot right-of-way. Mayor Johnson stated her
reluctance to create another private street. Mr. Clayton felt that with a few adjustments, it could
be kept as a public street. Mr. Dameron stated that the City could vacate on the east and west and
preserve 30 feet as a City street and provide some type of protection from erosion.
Mr. Bailey inquired if there were other property owners that would be affected like Mr. Keilar.
After further discussion, Mr. Bailey moved to continue this item and look at all segments and
bring it back in a different form. The motion failed for lack of a second.
Mr. Clayton made the motion to handle it this evening and consider some type of retaining wall.
Mr. Evans seconded the motion and inquired about the need for a sidewalk. Mr. Dameron stated
that it was a commercial area and it was doubtful one would be needed. Mr. Dameron asked for
flexibility for staff to negotiate with Mr. Keilar as to the best way to handle the elevation
difference between his property and the street. Mr. Clayton amended his motion to allow staff
that flexibility.
Mr. Bailey inquired if this was in the budget. Mr. Dameron indicated it was not, but they have
other funds (under miscellaneous construction) and from other projects which cost less than
budgeted. Those voting aye: Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele. Those
voting nay: Mr. Bailey. The motion passed.
PUBLIC HEARING - Street Vacations
B. 900 South and 800 West
Mr. Berlin stated that the Council had directed that this road be closed when the UVCC had
created an access off 800 South and last year, when the access road to the west was completed,
800 West was closed and landscaped and that little piece would become part of the campus and
they would be responsible for maintaining it. The UVCC has since indicated that they would
prefer that we reopen the road for access.
Mayor Johnson opened the Public Hearing for comments from the audience. No comments were
made and the Public Hearing was closed.
Mr. Bailey inquired if this was creating any problems or required discussion with UVCC
concerning their ongoing development and traffic concerns at the UVCC. Mayor Johnson stated
that the Council had made a commitment some time ago that the street would be vacated
Mr. Clayton expressed concern about the impact on the elementary school that is close by and
suggested that this not be done until more study could be done on the traffic flow of the whole
area. Mayor Johnson indicated that representatives of the college should be involved in the study.
Mr. Evans stated that he felt that the neighbors considered it a formality because the road is
already closed and that is probably why they were not at the meeting. Mrs. Steele questioned
whether adjacent property owners had been notified. Mr. Evans moved to postpone this until
further discussions with the UVCC. The motion was seconded by Mr. Clayton. Those voting
aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele. The motion passed
unanimously.
This item was to be brought back to the City Council after further discussion with UVCC
concerning their traffic flow and roads.
Mrs. Steele's inquired about notification of neighbors and UVCC. Mr. Dameron stated that
notification was done by the Recorder's Office.
Continued Public Hearing
Master Plan Amendment, Zoning Ordinance Amendment, Site Plan Appeal and Conditional Use
Permit - Family Center.
Mr. Berlin explained that this is a continued discussion of the issues involved with the request of
University Square Associates. At the last Council Meeting, issues were raised by residents and
the Council determined to continue the item to allow the applicant to meet with the residents to
resolve those concerns.
Mr. Stout indicated that the issues before the Council were changing the Master Plan Land Use
Designation from Medium High Density to Regional Shopping; change the zoning from R-1-7.5
to PD-5; approve an amended site plan; approve a Conditional Use Permit for Chili's Restaurant
and set a date and time for a Public Hearing to add Standard Land Use Code 5260 for a Home
Improvement Center. Mr. Stout stated that meetings have been held with the neighbors and the
applicant has made some modifications to the Site Plan.
Mayor Johnson wanted the exact location where the two houses were to be moved. Mr. Stout
explained that they were located at 200 East between 1300 and 1400 South. Mayor Johnson also
expressed concern about the 3rd home in that area and what this would do to them. Mrs. Steele
inquired if the setback would be 20 feet. Mr. Stout stated that there was an existing 6 foot
wooden fence and that the new fence would be installed in that same location.
Mr. Stout continued his presentation stating that the developers would be putting in four feet of
landscaping on the resident's side of the fence. Mr. Stout also stated that the differences in the
elevations presented some problems and that the fence was for screening.
Mayor Johnson inquired if the whole area by the condo's couldn't be turned into a private park
for the residents there. Mr. Stout stated that one condo owner's access was from the back street
and he might not want to change, but it could be explored.
Mayor Johnson also inquired why the wall was to be painted white rather than a more natural
color. Mr. Stout stated that it was to tie it in with the R.C. Willey development's wall. Mr. Berlin
stated that the Council had directed it be white to match with the R.C. Willey development and
that the developers had expressed concern about it. He also mentioned that there is a driveway
where the private road comes out and that would have to have access off 1450 South, but it
would definitely open up an area and that it could be beautiful.
Mr. Johnson stated that there is a Condo that backs on to the road and you cannot close it off.
Mayor Johnson stated that she was not talking about closing off the road.
Mr. Stout then discussed issues that had been of concern including placement of driveways, extra
driveways, exterior finish, storage of materials, and the interpretation of storage in relation to
"display."
Mr. Stout discussed the concerns about the material used on the back of the building and painting
of stripes to match the other parts of the development, the parking and peripheral landscape berm
of 20 feet based on approval of the Board of Adjustment and that the service drives would not be
used as part of the circulation system except for very heavy bulky items which cannot be taken
out the front. Trees are to be included in the new landscape plan and 200 East is also getting that
same treatment. He also stated that the signage is in compliance with the City's sign ordinance.
The City's Ordinance states that garbage pickup within 700 feet of a residential area shall be no
earlier than 6:00 a.m. and no later than 8:00 p.m. Also the residents had expressed concern about
refrigerated or heated delivery trucks coming at all hours. Mr. Stout also indicated that Chili's
had applied for a Conditional Use Permit and needed the Council's approval.
Mayor Johnson opened the Public Hearing for comments from the audience.
Mr. Rees Jensen, CEO and Chairman of the Board of Directors of Hermes, indicated that the
Council had received a booklet which indicated what they had done since the last meeting in
regard to meeting with the neighbors and changes they had made to accommodate the neighbors
concerns.
Mr. Merz, project manager, stated that they were to leave the "S" curve at 200 east; build a 10
foot high screening wall and a 20 foot setback and plant Austrian Pines so that the neighbors
would look at pine trees rather than deciduous trees. There would also be no entry or exit on 200
East south of l400 South. Also, the landscape area east of the retail should have a berm area with
a retaining wall, and fencing would be placed on top of the retaining wall. The Southeast corner
would be cut by 10 feet and planted with Norway Maple 30 feet on center.
Toys R Us has a striped design on back of the building and other stores will be painted white
with accent stripes. The wall will be painted white on both sides, except for one neighbor who
has requested that her side not be painted.
Mr. Russ Park stated that there was a problem because it was supposed to be split face with brick
on back of the building and they have only cinder block. Mr. Merz explained that Toys R Us had
split face and Ernst would have, but some of the other buildings would be painted with a stripe.
Mr. David Coates of Hermes indicated that they had held two meetings with the owners and had
other meetings individually with homeowners in Key Ridge Circle. Discussions had centered on
access to 200 East; appropriate landscape buffer; impact of increased speed on 200 East and
1400 South; finish of exterior of buildings and the appearance of the visual barrier wall. Also
discussion on value of homes and the future penetration south of development. Mr. Coates
reminded them that the City Council had previously kept them from going further south. He
stated that individual property values were discussed with individual property owners. Some of
the steps Hermes is taking to alleviate the impact are: 1) a 4 foot landscape strip on the
residential side of the fence; 2) agreed to pay misc. damages that they feel have occurred during
the construction such as a sewage line stoppage; 3) agreeing to year round green trees rather than
deciduous and trying to soften the effect of the wall at 1450 South. As to the Cammer residence,
there is currently a wall there, but the wall that would be installed would be an enhancement to
that property.
Mayor Johnson questioned the driving of trucks so close to his bedroom window. Mr. Coates
indicated that they had talked with Mr. Cammer and he either wanted double the appraised value
of his property or a permanent guarantee on his land value.
Mayor Johnson expressed concern about the building being finished on all four sides. Mr.
Johnson stated that they had to be finished with acceptable materials, not necessarily the same.
Mr. Brad Pyrah, 216 East 1500 South, expressed concern about preserving the residential
character of this area. He also stated that his understanding was that all the approvals that they
had received before would have to be gotten again since it was an amended site plan. He also
expressed concern about trucks driving 6-½ feet from Mr. Cammer's bedroom window and that
he had a letter from Mr. Cammer expressing his feelings about this.
Mr. Coates requested that Mr. Pyrah read the letter he had from Mr. Cammer which had been
read in Planning Commission Meeting. Mr. Pyrah stated it was too long and refused to do so.
Judith Williams of 178 Keyridge Circle stated her concerns about the zoning ordinance
violations which she felt were being done by Hermes in this development. She also stated that
they had agreed to pay for the damages they had caused by their construction a week ago, and
she hadn't received her money yet. Following Mrs. Williams comments, Mr. Coates indicated he
had her check for damages which included the bills she had submitted plus one additional bill
which was incurred and dated prior to their construction.
Mr. Holmberg stated that he felt most of the items had been resolved. He indicated that there
would be no trucks up and down when people are sleeping; there would be 2 entrances on 1400
South, two on 200 East and one on Main Street.
Mr. Berlin inquired if it would be possible to create some distance between the home and the
wall by moving the wall so that all the landscaping is on the resident's side rather than 4 feet on
each side.
Karen Olsen stated that she would like 200 East at 1400 South be closed off and landscaping
adjacent to the wall. She also would like finish materials other than paint and the delivery trucks
re-routed so that they would not come so close to the Cammer home. In addition she requested
shielded lights and directional loud speakers away from the residents. Also, no late night or early
morning snow removal or vacuuming, etc.
Russ Park stated that Hermes had moved their buildings back so that they could put another
building at the front. Also where the entrance comes across from Fred Meyers, it does not
coincide with the University Square entrance.
Mr. Holmberg stated that he felt Mr. Park has other motives than the good of the City of Orem.
Hermes has had dealings with Mr. Park that ended up in a lawsuit which Hermes won against
Mr. Park. This suit was appealed to the Supreme Court and Hermes also won there. This action
has cost Mr. Park quite a bit of money and he didn't believe that the feelings he was expressing
were just based on the good of the City.
Mayor Johnson inquired about the stripe on the back of the building being painted rather than
banded with brick. Mr. Coates stated that most split face block is painted and that split-faced
block is one of two major types of block used in construction. He also assured the Council that
Hermes would be responsible for taking care of it and maintaining it.
Mr. Stout addressed the finishing of the other buildings. R.C. Willey is built with tilt-up concrete
slab and has a painted blue stripe. Toys R Us is a split face with an accent band, the others are
concrete block that are painted. Ernst will be split face with painted accent band.
Kelly Merrill expressed concern for the 200 East protection. He lives on 280 East and people
will just go on 1400 South to cut through to 1500 South. The whole area is apartment complexes
and children. Mayor Johnson asked if they wanted 200 East closed off. Mr. Merrill stated that
would be a good idea, but it would cause problems for 280 and 240 East and they would like stop
signs, speed bumps, etc. He also stated that 1400 South has become deteriorated and needs to be
reconstructed to handle the heavier traffic.
Lynn Welch of 230 East 1500 South stated that if 200 East were closed off, they should also
close off 240 and 280 East.
Mr. Jensen stated that he had received a report from CEDO indicating that 74% of R.C. Willey's
business has been from outside the City and that 80% of Orem residents have concern with
economic development in Orem. Mayor Johnson stated that statistics have shown that this area is
developing as regional shopping.
Jenna Jenkins who lives on 240 East indicated that the traffic is not good and that the outdoor
display is not pleasant to look at.
Mr. Holmberg indicated that he shares their concern for traffic and the children. However, he felt
that this new site plan would not cause any increase in traffic over the already approved site plan.
Lori Rogers has recently moved here from Southern California and wants it made as attractive as
possible. She requested that all the streets be blocked that would separate her neighborhood from
Fred Meyer and this shopping center.
Mayor Johnson closed the public hearing.
Mr. Evans wished to address the traffic issues. Mr. Berlin indicated that closing all the street will
begin to disrupt traffic flows throughout the area. His concern is access for emergency vehicles.
Mayor Johnson re-stated items that seem to be major problems--1) closing off 200 East; 2)
quality of life; 3) landscaping on 200 east; 4) Finish material on back of buildings; 5) no truck
traffic by Cammer's corner of their home; 6) moving wall back and placing landscaping on
residents side of the wall; 7) direction of lights; and 8) direction of speakers.
Mr. Berlin indicated that the lighting can be directed just as it was done with R.C. Willey. The
neighbors near Shopko requested that they shut off all the lighting except the security lighting.
Mr. Coates stated that they could bevel the corner and give more distance to Mr. Cammer and
also move the fence to the inside of the landscaping. Mr. Pyrah stated that the bedroom is farther
to the east.
Mr. Stout indicated he felt that they were basically in compliance. Mrs. Williams still feels that
they are out of compliance with the 1400 South access. Mr. Stout indicated that the access would
have to be reapproved with this amended site plan.
Mr. Berlin inquired of Mr. Johnson if everything needed to be reapproved. Mr. Johnson said that
if this is an amended site plan, it needs to be done again.
Mr. Berlin expressed concern about the 1450 south corner where the condos are and that an
effort should be made to find a way to soften the look with additional landscaping. The private
drive is an access to some apartments and needs to be considered.
Mrs. Steele suggested that they could cul-de-sac 200 East permanently and close off the others
on a temporary basis to see how that would work.
Mrs. Steele then moved to amend the Master Plan from Medium High Density to Regional
Shopping. The motion was seconded by Mr. Bailey. Those voting aye: Mr. Bailey, Mr. Evans,
Mrs. Johnson, and Mrs. Steele. Those voting nay: Mr. Clayton. The motion passed.
Mrs. Steele moved to rezone the properties from R-1-7.5 to PD-5. The motion was seconded by
Mr. Evans. Those voting aye: Mr. Bailey, Mr. Evans, Mrs. Johnson, and Mrs. Steele. Those
voting nay: Mr. Clayton. The motion passed.
Mrs. Steele moved to approve the Amended Site Plan with the following conditions: 1) Lighting
be reflected away from homes; 2) 200 East be closed; 3) the fence be jogged by the Cammer
property so that the landscaped portion will all be on the south side by the Cammer property; 4)
that the corner be beveled parallel to the building; 5) that the four feet of landscaping will all be
on the south side of the wall adjacent to the wall; 6) that the corner on 1450 South will be
improved with Austrian Pine as on 200 East;7) that the sound within the building will be
reflected away from the neighborhood.
Mr. Berlin suggested they may want to add the traditional condition that the site be maintained as
approved. Mrs. Steele agreed.
Mayor Johnson inquired about city ordinances on solid waste pickup and snow removal. Mr.
Stout stated that all developments back on to residential areas and the ordinance provides for
them.
Mrs. Steele also added Pick-up and delivery no earlier than 7:00 a.m. on weekdays and deliveries
from 9:00 a.m. until 6:00 p.m. on Sunday. She also added that snow removal could be done in
the front earlier than on the residents side and the stores didn't open until 9:00, so that would give
them additional time to do the part next to the neighbors. Mr. Evans seconded the motion.
Mr. Bailey inquired if there could be a review in 6 months or a year. Mrs. Steele accepted a 6
month review, as well as a review at one year and at two years. Mr. Evans accepted these
conditions as part of his second to the motion.
Mr. Johnson inquired if closing the street was a part of the conditions. Mrs. Steele accepted it as
part of her resolution that the City declare its intent to study the closing of 200 East and other
streets converging to 1400 South and Mr. Evans accepted it as part of his second. Those voting
aye: Mr. Bailey, Mr. Evans, Mrs. Johnson, and Mrs. Steele. Those voting nay: Mr. Clayton. The
motion passed.
Mr. Berlin indicated a need to consider amending Section 22-11-17.B. to allow a Home
Improvement Center. Some of the things Ernst does are included, but not all. Mr. Evans moved
to approve the Conditional use for Chili's Restaurant and set a date and time for a Public Hearing
on November 12th at 6:30 p.m. to amend SLUC 5260, Home Improvements Center, as a
permitted use in the PD-5 Zone. The motion was seconded by Mrs. Steele. Those voting aye: Mr.
Bailey, Mr. Evans, Mrs. Johnson, and Mrs. Steele. Those voting nay: Mr. Clayton. The motion
passed.
Mr. Clayton explained his negative votes stating that he felt that the developer had not had
meaningful meetings with the neighbors and that the Council had not considered the neighbors
problems.
Mr. Bailey inquired about the variance on the drives. Mayor Johnson indicated that the vacation
of the street would be put on the Agenda and properly noticed as soon as possible.
Mr. Bailey stated he was impressed with the way the neighborhood and applicant had both
worked toward a solution. Mayor Johnson thanked the neighbors for getting involved.
Appeal - Zoning Administrator's Decision - Multiple Family Variance - 156 East 800 South - R1-8 Zone.
Mr. Stout stated that Mr. Brian Cole had requested approval for a duplex at 156 East 800 South
which had been denied because all of the requirements could not be met. The Council may grant
the appeal if they find that the applicant's proposal will result in the most appropriate use of the
property.
Mr. Bailey inquired if the Council should review the Multi-family variance guidelines because
there are more and more requests for multiple family units with relatives living in the same house
to evaluate separate/attached units. Mr. Stout indicated that the Planning Commission was
discussing the housing issue, but it would take them approximately one year to complete.
Mr. Cole stated that his request is for a one bedroom apartment in his basement and that he
intends to widen the driveway to facilitate parking at this location. He stated that in that area
most of the homes are rented out and are not owner-occupied.
Mr. Clayton moved for approval to allow Mr. Coles to build the one-bedroom apartment in his
basement. Mr. Bailey seconded the motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr.
Evans, Mrs. Johnson, and Mrs. Steele. The motion passed unanimously.
Appeal - Zoning Administrator's Decision - Multiple Family Variance - 460 North 100 East - R1-8 Zone.
Mr. Stout indicated that James Johnson was requesting approval of a multiple family dwelling
unit at 460 North 100 East in the R-1-8 Zone.
Mrs. Kathleen Allred, a neighbor, stated that if it was a single story unit, she had no objections,
but if it was multiple stories, she strongly objected. She stated that the Chateau condos had been
built without knowledge of the neighbors and that they were ugly and she didn't want any more
ugly multiple units in her neighborhood.
Mr. Chuck Bayles indicated that he was speaking for Mr. Johnson who was out of town and that
his understanding was that it would be a townhouse and would be very attractive.
Mrs. Allred inquired if this could be controlled. She stated they were surrounded by apartments
and she has no problems except that the condos are more than 25 feet tall and they are ugly. Mr.
Clayton stated that he feels that Mrs. Allred is more concerned with the looks than what is
actually going in there. Mrs. Allred indicated that Mr. Johnson has no definite plans yet and she
is interested in knowing what it will be like before the Council gives approval.
Mr. Clayton moved to continue this item until the Council has more information and could see
what type of building is proposed to be built there. Mrs. Steele seconded the motion. Mr. Bailey
suggested that the Council should work on the Multi-family variance and then work out the site
plan problems. Those voting aye: Mr. Clayton, Mrs. Johnson, and Mrs. Steele. Those voting nay:
Mr. Bailey and Mr. Evans. The motion failed.
Mrs. Steele inquired if the variance was given, did the City have any control. Mr. Stout stated
they can build what they want to and the City has no control over the design.
With the additional information, Mr. Bailey proposed that Mr. Clayton again bring his motion to
the Council.
Mr. Clayton moved to continue this until we have an idea what type of building is going in. Mr.
Evans seconded the motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs.
Johnson, and Mrs. Steele. The motion passed unanimously.
Resolution - Drive Modification at Timberline Motors, 920 North State Street
Mr. Ott Dameron stated that this request was for a five foot (5') modification in the location of
the driveway at 920 North State.
Mr. Ted Thaxton, City Engineer, explained that this request will result in the loss of one parking
stall. Mr. Berlin inquired how many parking stalls were required. It was indicated that adequate
parking existed on site. Mr. Berlin also indicated that the David Early business generates some
parking on the street and he didn't want this business to enlarge that problem. Mr. Mollner,
owner of the property indicated that there would never be more than 4 or 5 new cars at a time
and the Log Cabin Homes would not create much traffic. He also stated that if the business grew
and additional property were needed, it would be possible to go back 250 feet.
Mrs. Steele moved for approval. Mr. Bailey seconded the motion. Those voting aye: Mr. Bailey,
Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele. The motion passed unanimously.
Mr. Mollner inquired about changing the turning radius at this location. Mr. Berlin indicated that
it would have to go to the Planning Commission and could not be considered here at this time.
Request - Modification of Letter of Intent - Rick Warner Enterprises, RDA and City of Orem.
Mr. Berlin explained that Rick Warner Enterprises has requested the City Council to extend the
dates outlined in the Letter of Intent to develop an Auto Mall to allow additional time to work
with the property owners in the area. The City Council had previously extended the date from
October 1, 1991 to November 1, 1991 and Rick Warner Enterprises is requesting that it be
extended to January 1, 1992. They are also requesting that the July l, 1992 opening date be
extended to September 1, 1992.
Mr. Evans moved to adjourn to a Closed Door to discuss property acquisition. Mr. Clayton
seconded the motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and
Mrs. Steele. The motion passed unanimously. The Council adjourned to a closed door at 10:45
p.m.
Closed Door Session
A closed door session was held at 10:45 p.m. to discuss property acquisition. Those in attendance
were: Mayor Johnson; Councilmember Bailey, Clayton, Evans and Steele; Daryl Berlin; and
Melody Downey. The meeting adjourned at 11:00 p.m.
The City Council meeting reassembled at 11:05 p.m.
Continued Discussion - Request - Modification of Letter of Intent - Rick Warner Enterprises,
RDA and City of Orem.
Mrs. Johnson moved to extend the date to December 1, 1991 and the ending date to August,
1992. The motion was seconded by Mrs. Steele. Those voting aye: Mr. Bailey, Mr. Evans, Mrs.
Johnson, and Mrs. Steele. Those voting nay: Mr. Clayton. The motion passed.
Mr. Evans moved to adjourn to a Redevelopment Agency Meeting. Mr. Bailey seconded the
motion. Those voting aye: Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele.
The motion passed unanimously.
Mayor Johnson indicated that the Policy Discussion Item on Neighborhood Committees should
be continued to another meeting.
COMMUNICATION ITEMS
LETTER - Rental Guarantees - CEDO
This item was provided for the Council's information. Mayor Johnson stated that Mr. Squire had
requested that this be brought back when the Council could discuss it more in detail.
LETTER OF RESIGNATION - Nancy Alder - Recycling Advisory Commission
Mr. Berlin explained that Mrs. Alder is unable to serve any longer. Mr. Evans stated that she had
worked very hard and that the commission was going to miss her.
MEMO - 1600 South and Main - Signal Light Prosposal - Ott Dameron
Mr. Berlin stated that the Public Works Staff has completed their research and l600 South does
not meet the warrants to pull a traffic light from another approved location and place it here.
REPORT - Revenue and Expenditures Report - September, 1991
This report was provided for the Council's information.
Mr. Evans indicated that he had been contacted about the City's Christmas Lighting Display and
wondered if businesses or other groups might be interested in purchasing new lights or updating
the display. Mrs. Steele indicated that the owners of a new cafe on 1600 South and State had
inquired if they could donate a tree to the City. Mr. Evans suggested that it be discussed in a
future policy session.
Adjournment of Meeting
Mr. Clayton moved that the meeting adjourn. Mr. Bailey seconded the motion. Those voting aye:
Mr. Bailey, Mr. Clayton, Mr. Evans, Mrs. Johnson, and Mrs. Steele. The motion passed
unanimously. The meeting adjourned at 11:15 p.m.