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CITY OF OREMCITY COUNCIL MEETING

56 North State Street Orem, UtahApril 24, 2012

3:30 P.M. WORK SESSION

CONDUCTING Mayor James Evans

ELECTED OFFICIALS Councilmembers Hans Andersen, Margaret Black, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner

APPOINTED STAFF Bruce Chesnut, City Manager; Jamie Davidson, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Mike Larsen, Public Safety Director; Chris Tschirki, Public Works Director; and Rachelle Conner, Deputy City Recorder

CARE PRESENTATIONS – Major Grant and Facility

Utah Regional Ballet (URB)

Michele Moon, applicant, expressed her condolences on the passing of Mayor Jerry Washburn. She then played a portion of their Mid-Summer Nights Dream performance from March. She indicated this is a great opportunity for children to perform with a professional company and professional dancers. There are only two professional ballet companies in Utah, Ballet West and the Utah Regional Ballet.

Bill Shupe, boardmember, indicated this year he helped the ballet with grants. URB has been able to grow over the past few years because of the partnership they have with the City of Orem and the CARE grant. As they did their planning for the next year, they saw a need to hire male dancers. They were able to hire four male dancers. He asked the City Council to continue to support the URB in their efforts to grow. Their goal is to become another Ballet West. He expressed his heartfelt gratitude for the funds the City Council has given them in the past.

Mayor Evans asked what area URB encompasses. Mrs. Moon indicated they mainly perform in Utah County; however, they have performed in Salt Lake City, and they will be performing in Montreal, Canada in May. Jacqueline College, artistic director, wanted to provide an opportunity for professional dancers to be able to stay in the area to work and perform.

Mayor Evans then questioned what venues they perform in. Mrs. Moon said last year they performed at the SCERA, Orem High School, and the Covey Center for Arts.

Mrs. Black asked what percentage of their performances are in Orem. Mrs. Moon indicated that fifty percent of their performances are in Orem.

City Council Minutes – April 24, 2012 (p.1)

Mr. Shupe said they also took their outreach program of the Nutcracker into many of the Orem schools last year.

Mr. Seastrand stated his understanding of the intent of the CARE Tax is to allow the organizations to grow and become self-sufficient. He asked what URB is doing to allow them to pay for the increase in operation costs. Mr. Shupe indicated that URB is a 501c3 organization. They survive on ticket sales, private donations, government grants, and fundraising. He said he is not sure that there will ever be a time that they are revenue neutral. It is the same situation with the Utah Valley Symphony, Ballet West, and the Utah Opera Company.

Mr. Seastrand asked whether they will be able to increase ticket sales. Mrs. Moon said they did increase their ticket prices this year, and they have three new board members who will focus on marketing their events.

Mr. Seastrand questioned how their ticket prices are compared to other dance opportunities. Mrs. Moon said they are higher than other organizations in Utah Valley; however, they are much lower than Ballet West.

Mr. Shupe indicated this year they added a special Monday night performance of The Nutcracker at a discounted price, and they filled the performance hall. Their plan is to continue to come up with ideas to increase their exposure and increase the attendance at their performances.

Mr. Seastrand asked whether URB has venues where they actually make money from their performance. Mrs. Moon replied that they do. She said she loves performing at the SCERA, and the stage crew is very good; however, the stage is too small, and they do not have the equipment necessary for URB to do everything they need.

Mrs. Moon stated this year they were able to get a private donation that allowed a low-income elementary school to attend a matinee performance of the Nutcracker. That may be the only opportunity for some of those students to see a performance of that magnitude.

The Center for Story

Louise Wallace, Library Director, introduced members of her staff in attendance: Meg Spencer and Elliot Wilcox. Mrs. Wallace expressed her appreciation to the City Council for their support of the Center for Story. She updated the City Council on progress of the architect, noting there has been great support for the project. They have asked for $1.925 million to come from CARE funds, and the remainder will come from donations. They received $50,000 from the Sorenson Legacy Foundation, and they are so grateful to them for that support. They continue to work with the fundraising and have many ways that people can donate. They will be having a Fabric Art Boutique June 11-16, 2012, and all proceeds will go to the Center for Story.

Mrs. Wallace then played a short presentation about the Center for Story. She also reviewed a small sampling of the programs they currently provide at the Library, noting that many times people wishing to attend an event have had to leave because there was not enough seating. They


look forward to the construction of the Center for Story, so they have more room for their patrons. Mrs. Wallace indicated their attendance numbers continue to rise, and many of the other arts organizations have shown an increase of twenty-three percent over the last four years. Michael Kaiser, Director of the Kennedy Center for the Performing Arts, stopped in Salt Lake as part of his nationwide tour. He stated, “In the arts, all ships rise together. A healthy arts environment is dependent on diverse organizations, large and small.” The Center for Story is an important part of the cultural life of the community for individuals, families, and for other arts entities. It is an important part of making life better for everyone. She thanked the City Council for their past and continued support.

Mayor Evans asked how much more money needs to be raised for the Center for Story. Mrs. Wallace indicated they still need $744,000.

Mr. Sumner asked Mrs. Wallace to give a timeline of what will happen once the money is raised. Mrs. Wallace explained that the construction will take approximately ten months, and the bid process will be approximately three months.

Mrs. Black said she has attended some of the programs that were mentioned earlier. It will be a much better situation for the attendees once the Center for Story is constructed. She asked Mrs. Wallace to display pictures from some of their highest attended events. The pictures showed many programs where people were standing in the back in order to watch the event. The storytelling wing was designed for 120 people; however, they have set up as many as 200 seats for some of their programs.

Mrs. Wallace stated the Council had requested additional information about the utility costs, and the architect worked with many people to obtain that information. Last year they shared information from the utility companies based upon the square footage of the Center for Story. They pulled utility bills from the Children’s Wing at the Library because that building has its own meters with Questar Gas and Rocky Mountain Power. They estimated $7,800 for gas and $31,300 for electric. Now, based on the type of equipment and fixtures being used in the new facility, they are saying it will be approximately $9,500 for gas, which is $1,600 higher, and the electrical came in at about $28,000, which is down $3,300. Overall the estimated cost for both is $37,500, which is $1,600 lower than previous estimates.

Mayor Evans expressed the need to continue to get accurate information out to the community because there are still some people thinking the ball fields will be removed for this facility.

Mr. Andersen asked how much of the $1.6 million is in the bank and how much is promised. Mrs. Wallace said the $1.2 million pledge from the Ashton’s is sitting in their bank account, and the rest is in the City’s accounts.

Mr. Andersen then remarked that they are projecting $300,000 per year from the CARE Tax. He asked if it is their intent not to start building the facility until all of the funds are in the bank, or if they anticipate bonding to start the building a year or two before the allocations have been distributed. Mrs. Wallace said that is a question for the City Manager. She is just working on raising the additional $744,000.


Bruce Chesnut, City Manager, stated their charge right now is to continue to fundraise for the additional $744,000. They are not looking at bonding at this time. They have committed not to use any General Fund monies for this facility and are focusing on raising money for the construction as well as the continuing maintenance of the facility.

Mr. Seastrand asked whether they have received any indication from the architects that construction costs will be higher with the delay in building the facility. Mrs. Wallace said the architect has told them it is a bit unpredictable. They spoke with a cost estimator when they first started this process, and he told them they had approximately one year before they saw an increase in construction costs and then there would be a small incremental increase.

Mrs. Black clarified that if the costs were to go up, they would have to raise more funds.

Mrs. Wallace agreed. They will not be asking the City for more money. They could do some redesign to help save costs if necessary.

5:00 P.M. STUDY SESSION



APPOINTED STAFF Bruce Chesnut, City Manager; Jamie Davidson, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Mike Larsen, Public Safety Director; Chris Tschirki, Public Works Director; and Rachelle Conner, Deputy City Recorder

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items.

CITY COUNCIL/STAFF NEW BUSINESS

City Manager Bruce ChesnutMr. Chesnut indicated the Recreation Department is getting ready to hold open houses to get input for the Recreation Master Plan.

Mr. Andersen said that a few months ago they spoke about improvements to the City Center ball fields. Mr. Chesnut advised that they have a list and are working with the baseball groups about what needs to be done.


Mrs. Street indicated they have a group of volunteers who have donated time and materials to remodel the snack shack, and they have done a great job.

Mr. Chesnut said one of the self-determining baseball groups the City is working with remarked that Orem has the best snack shack of any place they go to play ball.

Mr. Andersen asked whether the CARE funds allocated this year can be set aside for the field improvements. Mr. Chesnut explained that after the open houses, staff will compile a priority list based on the information they gather from the residents. He explained that the ball fields will probably be high on the list.

Councilmember McCandless Mrs. McCandless advised she attended the Utah League of Cities and Towns conference and had attended a class on land use laws. The talked a lot about billboard legislation, and the League expressed a need for all cities to have a conversion clause regarding billboards in place before the Legislative session next year.

Mr. Davidson indicated the League has also requested cities complete a billboard survey, so they can add information to the statewide inventory. Staff is currently working on that.

Councilmember AndersenMr. Andersen said he has spoken with a number of residents in the Hidden Hollow neighborhood about traffic issues on their street. There will be people here to speak to it during personal appearances.

Public Safety Director Mike Larsen Mr. Larsen gave a report on the Great Shake Out that was held last week.

The Council adjourned at 5:55 p.m. to the City Council Chambers for the regular meeting.

6:00 P.M. REGULAR SESSION



APPOINTED STAFF Bruce Chesnut, City Manager; Jamie Davidson, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Mike Larsen, Public Safety Director; Chris Tschirki, Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

INVOCATION /


INSPIRATIONAL THOUGHT Jamie Davidson

PLEDGE OF ALLEGIANCE Ryan Clark

APPROVAL OF MINUTES

City Council Meeting of April 10, 2012Mrs. McCandless moved to approve the minutes of the April 10, 2012, meeting of the Orem City Council. Mr. Sumner seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner.

MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

Upcoming EventsThe Mayor referred the Council to the upcoming events listed in the agenda packet.

Mayor Evans indicated the Recreation Department will be holding several open houses in regards to the Recreation Master Plan. The first open house will be held tomorrow at the Fitness Center from 4-7 p.m.

Upcoming Agenda ItemsThe Mayor referred the Council to the upcoming agenda items listed in the agenda packet.

Appointments to Boards and CommissionsMayor Evans recommended Bill Hoops to serve on the Recreation Advisory Commission.

Mr. Seastrand moved to appoint Bill Hoops to serve as a member of the Recreation Advisory Commission. Mr. Andersen seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner.

Recognition of New Neighborhoods in Action OfficersNo new Neighborhood in Action officers were recognized.

PROCLAMATION – Arbor Day, April 27, 2012Chris Tschirki, Public Works Director, reviewed some stats about the City’s trees from the past year, which included:

Planted over 50 trees in the City of Orem Removed a few diseased trees Pruned over 1,000 trees City owns 5,885 trees, which are worth over $11 million Golden K Kiwanis Club donates trees every year, and the City assists in planting the trees

Mrs. Black read a proclamation for Arbor Day on April 27, 2012.


Mrs. Black moved to proclaim April 27, 2012, as Arbor Day. Mr. Seastrand seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner.

Marty Sheide, Urban Forrester, indicated this year will be the 20th year Orem will receive the Tree City USA designation. He thanked the City Council and City Manager for their continued support.

Mayor Evans asked Mr. Sheide if he has a favorite tree in the city. Mr. Sheide indicated trees all have a value, and there are several Ponderosa Pines in front of the City Center that are valued over $20,000 each. Those are his favorite trees in the city.

PROCLAMATION – National Drinking Water Week – May 6-12, 2012Mr. Tschirki introduced employees from the Water Department--Neal Winterton, Sullivan Love, Darren Lloyd, and Kelly Smith. He indicated that Orem has the best drinking water in the nation, and Orem produced about 8.5 billion gallons of drinking water last year. The Water Department laid many miles of water lines in the city last year. They are involved in the collection and analyzing of water samples for water quality purposes, and they repaired fifty-eight water main line breaks. Over thirty of those were after normal working hours. Neal Winterton, Water Resources Division Manager, said there are 22,000 connections in Orem, and anyone who turns on their taps expects clean drinkable water to come out. There are many miles of water lines in the city, and the potential for contamination is high; however, the water comes out clean every time. He then joked that the twenty million gallon water tank is his favorite because it is the biggest.

Mr. Andersen read a proclamation for National Drinking Water Week – May 6-12, 2012.

Mr. Andersen moved to proclaim May 6-12, 2012, as National Drinking Water Week. Mr. Seastrand seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner.

PERSONAL APPEARANCES

Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.

Michael Brooks, resident, said he would like to speak about the road he lives on, which is Hidden Hollow Drive. This is the narrowest road in Orem, and it is dangerous. It is fifteen feet wide with a sidewalk on only one side, and it is a major artery from 1600 South Main to Sandhill Road. The City has tried to resolve issues in the past, but nothing has worked. There are a number of children on this road, and speeding vehicles are a continuous problem. They have put up different signs, but some were removed and others ignored. They have neighbors who will sit in their front yards trying to discourage people from speeding and even had a neighbor with a radar gun. He asked the City Council to help the residents find a solution for this neighborhood. He has only lived in the area for eighteen months, but this has been a neighborhood problem for years.


Carrie Ann Fritte, resident, agreed with everything Mr. Brooks said. It is an extremely dangerous street, and the traffic is too fast in the area. She asked the City to look at options to make the area safer, such as speed bumps or allowing 1600 South to go through to Sandhill Road. It is just a matter of time before a tragedy happens in this street.

Mr. Chesnut explained that this is not a new problem, and they have tried to work things out with the neighbors before. If the neighbors would like to get a group together, the City would be happy to meet with them to discuss options. Staff has come up with possibilities before but found it difficult for everyone to agree on a solution.

Patrick Fritte, resident, said he has lived in the Hidden Hollow are for just over a year. He has spoken with two of the Councilmembers, and he is frustrated that they give suggestions but nothing ever happens. He questioned how much longer they need to wait and expressed concern that a child will be hit before the City does something about the problem.

Daren Habel, resident, indicated that he knows there were problems with the original development, so the City had to take over the street. The initial intent was for the street to be a dead end, but that did not happen. The police tell them they cannot change the speed limit, which is ridiculous. He offered $100 to any of the Councilmembers that could stay within lines going 25 miles per hour on Hidden Hollow Drive. He said lowering the speed limit would help the area a lot.

Jack Eldridge, resident, said he echoed the previous statements. His children are grown, but he has grandkids that live in his basement. There is no room to place his garbage can on the street in front of his house because people cut the corner and hit it. He asked to have the traffic engineers look at the street to see if they can lower the speed limit.

CONSENT ITEMS

Mrs. McCandless moved to approve the following consent item. Mrs. Black seconded the motion. Those voting aye: Councilmembers Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner. Those voting nay: Hans Andersen. The motion carried with a majority vote of 6 to 1.

RESOLUTION - Approve HOME Investment Partnership Grant Final Statement of Projected Uses of Funds – 2012-2013

SCHEDULED ITEMS

6:00 P.M. PUBLIC HEARING RESOLUTION – Adopt Community Development Block Grant (CDBG) Final Statement of Projected Uses of Funds – 2012-2013

Charlene Mackay, Community & Neighborhood Services Manager, presented a staff recommendation that the City Council, by resolution, adopt the Final Statement of Projected Uses of Funds for Orem’s 2012-2013 Community Development Block Grant. Ms. Mackay recognized members of the CDBG Advisory Commission--Ann Peterson, chair, Memorie


Durfee, Art Flitton, Lyle Hillier, Marilyn Laypath, Dayna Smith, and Victor Walsh. She thanked the commission members for their dedication and hard work.

During the past few months, the CDBG Citizen Advisory Commission heard funding proposals from various applicants who wish to receive CDBG funding. The Commission presented its recommendations to the City Council in a work session on March 20, 2012. The City Council held the first of two public hearings on March 27, 2012, and is now ready to hold the second public hearing and adopt a resolution approving the CDBG Final Statement of Projected Uses of Funds for 2012-2013.

Ann Peterson, chair, reviewed the recommended allocations as follows:

ORGANIZATION Funded2010-2011

Requested2011-2012

Recommendations2011-2012

CDBG: PUBLIC SERVICEAbility First No Request $10,000.00 $0.00Big Brothers Big Sisters $1,250.00 $2,000.00 $750.00Center for Women & Children in Crisis $6,000.00 $10,000.00 $10,000.00Community Action Services $15,000.00 $17,725.00 $11,455.00Community Health Connect $2,250.00 $3,500.00 $3,500.00Family Support & Treatment Center $7,500.00 $10,000.00 $10,000.00Friends of the Coalition $8,500.00 $7,500.00 $7,500.00Friends of the Utah County Children’s Justice Center $7,000.00 $35,000.00 $10,000.00House of Hope $3,500.00 $6,000.00 $5,500.00Kids on the Move $8,500.00 $17,436.00 $8,700.00Literary Resources $3,100.00 $3,500.00 $3,000.00Mountainlands Community Health Center $8,000.00 $10,000.00 $5,000.00Parent Education Resource Center (PERC) $2,500.00 $3,000.00 $2,000.00Project Read $2,500.00 $7,500.00 $3,000.00Recreation Habilitation Services (RAH) $7,000.00 $24,350.00 $7,000.00Utah County Crisis Line $1,000.00 $5,000.00 $1,500.00TOTAL $88,905.00

ORGANIZATION Funded2010-2011

Amount Requested2011-2012

Recommendations2011-2012

CDBG: OTHERCDBG Administration $115,000.00 $115,000.00 $115,000.00Code Enforcement $120,000.00 $120,000.00 $120,000.00Curb, Gutter, and Sidewalk $43,500.00 $35,000.00 $40,000.00Habitat for Humanity $29,000.00 $5,000.00 $5,000.00Housing Rehabilitation Program $58,000.00 $100,000.00 $98,998.00RAH No Request $29,370.00 $29,370.00Section 108 Loan Repayment $110,000.00 $105,000.00 $105,000.00Total $513,368.00

Mayor Evans opened the public hearing.


Bob Wright, resident, noted Recreation and Habilitation (RAH) is getting $7,000 in one category and $29,370 in another category. He asked why they are getting those funds and what the organization does.

Ms. Mackay explained that RAH is an organization that assists with developmentally challenged individuals. The $7,000 is for programming, and they made another application for building repair which can be funded in the Other category.

Kristen Barrett, Big Brothers and Big Sisters, thanked the commission for its recommendation for funding this year. Their program focuses on child safety and the best ways to lead the children toward academic success and beyond.

Margy Chesnut, Parent Education Resource Center (PERC), expressed appreciation for the funding recommendation. They are moving forward with their programming and are getting a lot of new patrons. The funding they receive is used to purchase new materials for their patrons.

Mayor Evans closed the public hearing.

Mrs. Black thanked the commission members for the time spent in making the allocation recommendations. She said she is comfortable with the direction they are going.

Mr. Andersen voiced gratitude to the commission members and the organizations for the work they do. He said he wished he had the resources himself to fund them because they are good people and are doing a lot of charitable work. He said he believes in all charity, and he loves what they are doing.

Mr. Seastrand expressed appreciation to the commission for their hard work.

Mr. Seastrand moved, by resolution, to adopt the Final Statement of Projected Uses of Funds for Orem’s 2012-2013 Community Development Block Grant. Mrs. Black seconded the motion. Those voting aye: Councilmembers Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner. Those voting nay: Hans Andersen. The motion carried with a majority vote of 6 to 1.

Mr. Seastrand asked Mr. Andersen if it is the allocation amounts that he does not approve of and if he thinks they should be allocated differently. Mr. Andersen said he thinks the organizations are great, and he wished he had the resources to give this money to them himself. His concern is that he likes charity, and he thinks when funds are collected through the taxing authority the charitable nature leaves it. It is not charity at that point. The good is still going to be there, but it hurts them when the funds are collected by force for redistribution. Mr. Andersen said he could not improve on the allocations; he should have just abstained from the vote. He said he just likes charity.

Mayor Evans indicated the other Councilmembers may not disagree with Mr. Andersen; however, if the City does not allocate these funds, they will go back into the pot and other cities would be happy to take the money for their citizens. Mayor Evans expressed his hope that at


some point, if they do not like the process, they can find ways to encourage a change, but right now this is the City’s allocation to use to help the residents of Orem.

RESOLUTION - Adopting the Orange Alignment Option for the Lakeview Parkway and Trail to be a Part of the City of Orem Transportation Master Plan

Paul Goodrich, Transportation Engineer, presented an Orem Citizen Transportation Advisory Commission and Orem City Planning Commission recommendation that the City Council, by resolution, adopt the Orange Alignment as part of the City of Orem Transportation Master Plan. He introduced the Transportation Advisory Commission members--Garr Judd, Al Merkley, Keith White, and Jeanette Parker, chair. Mr. Goodrich also recognized Loretta Markham, Vern Keesler, and Casey Serr. Ms. Markham has helped the City with information about the Bus Rapid Transit (BRT), and she has been hired by Provo City to do their analysis for different roads.

For the last few years, the City of Provo has been studying alignment options for new roads that will provide access to their airport. Last year Provo selected their preferred alignment that would connect to 2000 South Orem, which is 2000 North Provo.

The City of Orem had concerns with the alignment proposed by Provo. Last November, in a joint Orem and Provo City Council meeting, our City Council members asked if Provo would consider studying different alignment options. The Provo City Council agreed to expand the study analysis north of Orem's 2000 South.

The City of Orem held a Public Open House on January 31, 2012, and presented several different alignment options for a new roadway and trail west of Geneva Road north of 2000 South. Many comments and suggestions were received. After reviewing the input and evaluating each option based on impacts to neighborhoods, private property, wetlands, agricultural protection property, conservation easement property, etc., the project team determined that the alignment known as the Orange Alignment had the least number of negative impacts. Provo agreed with the new proposed alignment.

Meetings were held with property owners whose property is crossed by the proposed alignment. The Orange Alignment was refined after meetings with the affected property owners were held.

A public hearing was held on April 4, 2012, at the City of Orem Planning Commission meeting to review the refined Orange Alignment. The Planning Commission supports the recommendation of the Transportation Advisory Commission that the Orange Alignment become part of the City of Orem Transportation Master Plan.

Mr. Chesnut requested clarification that Geneva Road will be a two and three-lane road south of where this connection will take place. Mr. Goodrich stated that is correct.

Ms. Parker said a lot of work went into making this recommendation. She said the City needs to be cautious when making these decisions. Orem already has enough interchanges, and she would not want to add anymore.


Mr. Sumner asked whether Provo or Mountainland Association of Governments (MAG) could just connect to 2000 South without input from Orem if the City Council were to deny this request tonight. Mr. Goodrich stated he would defer to Provo to answer that question.

Mr. Sumner then asked if the Taylors were agreeable to the orange option. Mr. Goodrich said the Taylors are not supportive of that option and apologized if there was a miscommunication about that. He said staff has tried as hard as possible to get a consensus, and they are close, but there are still some property owners that are not happy with this. He has done many project like this, and he has never had 100 percent consensus when the project was this large. The City has come up with an option that does not encroach upon the Taylor’s property. In fact, some of the property owners they have talked to in this area asked if the City could split the road on the two properties. The City decided not to do that and to leave it completely off the Taylor property.

Mr. Sumner questioned why the red alignment option was even presented if there is such a high cost involved. Mr. Goodrich explained that when a city wants resident involvement in a process, it is always good to include them from the very start so they realize the City has not already made up their minds about something before the residents can give their input. The various options were presented before the City even had a chance to figure out the costs involved.

Mrs. Black asked Mr. Goodrich to explain why the connection at 2000 South would have a negative impact on Orem and to explain about the conservation easements.

Mr. Goodrich asked Ms. Parker, the Transportation Advisory Commission chair to answer the first question.

Ms. Parker said 2000 South eastbound follows a windy road that goes through a narrow gulch and ends up at T-intersection at Columbia Lane. This is not a good option for a major road connection. It would also open the door for another interchange at that location. Orem already has enough interchanges.

Mr. Goodrich added that the City Council did not like the 2000 South alignment, and they wanted to push it to the west. In reference to the conservation easements and location of farm equipment, Mr. Goodrich displayed a map of the area on the overhead. The Taylor conservation easement was shown in a shaded green area. Their barns and farm equipment are located on the east side of the orange alignment. The Taylors are very concerned with how they will get their farm equipment across the proposed five-lane highway. Mr. Goodrich said the Taylor’s attorney had sent him a letter indicating that the red and blue alignments are fatal flaws. He did not call the orange alignment a fatal flaw but said there are a lot of impacts to the property and asked the City to consider these impacts when they get to the design and construction phase. Mr. Goodrich said he understands the need to do some type of mitigation when the road is constructed.

Mr. Chesnut clarified that the action the City Council is taking tonight is to consider adopting a preferred conceptual alignment option for the Transportation Master Plan. The City Council will look at the mitigation options in the future.

Ms. Markham agreed. She said the farm access option decisions would be nailed down further in the project development process. Typically it would be done in the environmental phase.


Some of the options that could be considered include an underpass, signals that could be controlled from the property access, and right now they are assuming a sixteen-foot median so they could create an acceleration/deceleration median storage bay for any farm equipment.

Mrs. McCandless commented that regarding 2000 South, a long time ago she attended a public meeting in Provo when they were discussing how to expand I-15, and hundreds of people were there. She recalled that at that time the City of Orem approved the Transportation Master Plan, it did not call for an interchange at 2000 South. The north Provo residents did not want an interchange going through their neighborhood either. She stressed the importance of approving these alignments as a part of the Transportation Master Plan.

Mr. Seastrand said this project is more regionally based, and there have been many organizations that have had input and influence in this decision. He asked how the other organizations feel about the orange alignment.

Mr. Goodrich replied that they have had meetings with Mountainland Association of Governments (MAG) officials, and they support the orange alignment, which is in line with their 2040 plan. Staff has also met with the Utah Department of Transportation (UDOT) officials. They say the orange alignment will work well, and they do not want to talk about any jurisdiction issues until sometime in the future.

Casey Serr, Provo Engineer, indicated they started this process back in 2007 when they received some development pressure for rezoning the farming area in the northwest quadrant in Provo. The development had the potential of adding 25,000 additional vehicle trips. The original preferred alignment that has been referred to in the past was basically Provo’s choice. They did not have jurisdiction to go into Utah County to tell them where to put their road, and they knew it was in the future Orem annexation area so their termination point became the intersection of 2000 and Geneva Road. Their intent was not to divert traffic to that area for a future interchange but because their boundary was also 2000. The farmers in the area asked them to not bisect the property, so they looked at pushing it further to the west. It also provides them some abilities to access the area for services. The process of working through this has been a delight. Orem’s Transportation Advisory Commission has been very open minded in being able to figure out how to resolve this issue. The orange alignment works for Provo. It allows them to provide better service ability from a utility standpoint. However, they do require Orem’s cooperation in order to make it work. If the orange alignment is not available to them, they will have no choice but to look at the 2000 area again.Mayor Evans opened the meeting for public comment.

John Valentine, attorney for the Taylor family, indicated the Taylors do not support the red or blue alignment because they are fatal flaws. They have not taken the position that the orange alignment has fatal flaws in it; however, they have indicated there are mitigating things that the City should be cognizant about as it moves forward with this in and Master Plan. He reminded the City Council that the Taylor property is not located in Orem City at this time, but it is slated to go to Orem through the annexation process. Mr. Valentine then listed the issues that Orem will need to address in the future:

The preservation of access to the agricultural propertieso The access itself has to be preserved


o Safety of access Trespassers will be a problem in the future

Mr. Seastrand expressed appreciation for the comments, He asked what mitigation rights the current property owners would have if the orange alignment were not used and a large portion went down Geneva Road.

Mr. Valentine said Geneva Road is the bisecting line between where the farm equipment is presently located and where it goes on to the fields. This is a current problem for them as well, which is why they have not listed the orange alignment as a fatal flaw. However, they have identified it as one that will require mitigation because, as they make access roads, they have to maintain the easements that go into agricultural properties. This is a requirement of State law.

Mr. Seastrand stated that it would also be required if the traffic were to stay on Geneva Road, and Mr. Valentine replied that is correct.

Mr. Seastrand then inquired whether it would be easier to mitigate the safety and access through a new road or to implement it through an existing road that is expanding. Mr. Valentine expressed his opinion that either way would accomplish the expectations and the legal requirements of granting access to the agricultural properties.

Mrs. Street noted that even if they were not considering a road that evening, at all or in the future, development pressure between now and the year 2040 would be relatively high.

Mr. Valentine said the property to the east of the proposed orange alignment has a higher potentiality for future development. The property to the west has little opportunity for development because of the conservation easement, the wetlands, and the agriculture protection areas.

Mrs. Street questioned if the Taylor family owns land between their conservation easement on the west and the location of their farm on east where the equipment is stored. Mr. Valentine said they do not.

Mrs. Street then asked if there are arrangements in place now that allow them to move the equipment from one location to the other through land under other ownership. Mr. Valentine replied that is correct. They have a deed right-of way that goes from the property to the east to the property to the west. Mrs. Street wondered whether those rights-of-way would remain in effect if the other property was developed into a residential subdivision. Mr. Valentine said they would try to work with the developer to make the easement have the least amount of impact, but it is actually a deeded lane that goes along the north end of the property to the west property.

Mrs. Street said that area has developed a lot during the time she has lived here, and she expressed her belief that they will continue to see more development. Her inclination is to plan ahead for how to move vehicles around in this area. She expressed her appreciation that they are being cognizant of the agricultural areas and are trying to impact them as little possible.


Elaine Scofield, resident, advised that her property is agriculturally protected, and their farm equipment is on the east side of the proposed road. Trespassing is also a huge concern to them. It is unfortunate that no one from her area is on this Transportation Advisory Commission. This decision will have a heavy impact on the neighbors no matter where it is placed.

Greg Taylor, Woods Cross resident, said his family owns land in the area. His main concern would be access to their property. He wondered what options they would have.

Garr Judd, Lakeview co-chair and Transportation Advisory Commission member, indicated the orange path was not his first choice. He envisioned something similar to I-215. However, as they did their research, the orange option seemed to be the best one. He asked the City Council to consider that there will still be an impact to 2000 South.

Dale Johnson, property owner, indicated it is interesting that the term fatal flaw seems to be in conjunction to where the individuals own property. He said he does not like to be confrontational, but his major concern is that the proposed line cuts through his property in several locations. That makes a lot of his twenty-two acre parcel unusable for future development. Mr. Goodrich has suggested an alternative option that takes the road along his western boundary. Mr. Johnson expressed his hope that the line stay to the west as much as possible and not bisect his property.

Mr. Seastrand thanked Mr. Johnson for coming and voicing his concern. Mr. Seastrand said it does seem like the Johnson property is the ”sacrificial land” in this proposal. He asked whether the current area is farmable. Mr. Johnson replied that they are not farming it at this time. It is being used as pasture.

Mr. Seastrand then wondered if it is developable. Mr. Johnson said it is usable as part of a larger development.

Mr. Seastrand asked whether the alternative orange option is Mr. Johnson’s preference, and Mr. Johnson stated it is.

Mr. Andersen inquired if these type of concerns have been worked out with the farmers in the past, such as how to get the equipment across the roadway. Mr. Johnson indicated it does get addressed, and it is quite often by the way they design the development. They have taken all of the agricultural use out so the former users of the land no longer have to bring the farm equipment into the area. They get rid of the problem by buying all of the land and developing it so there are no agricultural uses in the area at all.

Mr. Andersen questioned whether Mr. Johnson has seen a lot of underpasses being built, and Mr. Johnson replied that he has not. It is easy if the path of development leaves the property self-contained. Geneva Road has divided many of the parcels, so the properties are separated.

Christopher Foster, resident, indicated he was largely responsible for bringing so many people to the open house when this was first discussed. At the meeting he voted for the red and blue options. That was right at the beginning of the meeting, and he did not know anything about the cost benefit analysis. Later in the meeting, he met with Byron Taylor, and he started talking


about the lands and the wetlands. Mr. Foster said he was concerned that he had voted for the options before he knew about these issues, and he wanted to go back and change his vote to orange or green at that point. Since then, he has spoken with many of his neighbors and with the exception of Mr. Whimpey and Mr. Garr, everyone agreed that the orange alignment is just fine. The neighbors just did not want the alignment going down 2000 South.

Skip Dunn, resident, said he owns several parcels along Geneva Road. He has an excavation business, and it is difficult to get his equipment on and off the road. He expressed his opinion that the orange alignment is the best option for the area. He thanked Orem and Provo for addressing this need. He stated the Provo Airport is going to continue to grow, and they have to have a way to get traffic down there. They need to take care of the farmers, but this is a better way to address needs than expanding Geneva Road.

Mayor Evans asked Mr. Dunn which of the orange options he likes the best. Mr. Dun replied he likes the alternative option that Mr. Johnson prefers. Greg Taylor indicated he worked on a project at Disneyworld, and that area is wetlands. They built an underpass underneath the park for semi-trucks. That was very costly; however, it would not be hard at all to do that in this area. He said he also prefers the orange alternative alignment option.

Mr. Dunn said one solution would be to elevate the road somewhat and put in a box culvert that is tall enough for the farm equipment. That would not disturb the traffic flow.

Mrs. Street asked Mr. Goodrich about the process and questioned how they would include the orange option with the alternative so it can be considered in the future.

Mrs. Black stated that they could list the alternative as their preferred option.

Mrs. Street said she would like to protect the landowner’s property and putting lines through his property will impact what he can do with it from the moment the map is approved. She would like something that says they would like the option that has the least impact to that landowner if they find that it is not cost prohibitive when they get down to the studies.

Mr. Goodrich said the City Council did something similar in the past when they put the 800 South interchange in the Transportation Master Plan. They included a statement that said they did not like the western alignment that connected to Geneva Road. They preferred that UDOT move that further to the north. When UDOT went through their environmental clearance, that is exactly what they did. It was because it specified that in the resolution the City Council passed and because it was part of the Transportation Master Plan. What is defined in the plan is really important.

Mrs. McCandless advised that staff might have heart palpitations if the orange option went through the wetlands, but that is what she wants in the Transportation Master Plan. She said she is fine with eliminating the curvy option and just submitting the option that goes through the wetlands.


Mr. Goodrich recommended that whatever the City Council decides, he would like the map included in the Plan because if he retires before this goes for the environment study, he would like people to know that there are wetland issues. He said Provo has a “bank” and when they send a road through a wetland area, they can go exchange it with something else from this “property bank” that they purchased. Orem will need to do something similar to this in the future.

Mrs. McCandless inquired whether they could switch it to have the dashed line as the preferred option and the solid line as the alternative. Mr. Goodrich said they could do that if they wanted.

Mrs. Black wondered whether they could just adopt the orange alternative as the preferred option.

Mr. Seastrand agreed with switching the preferred and alternative options. He expressed his opinion that things change, and he thinks it is a good idea to leave the options in there.

Ms. Markham noted there are two issues with the wetlands: timing and the jurisdiction of the Army Corp of Engineers to get the permit. She said she does not see a problem with the City Council just picking the option that goes through the wetlands; however, having another option is a good idea.

Mr. Seastrand moved, by resolution, to adopt the Orange Alignment as part of the City of Orem Transportation Master Plan with the change that the shaded line will become the preferred option and the solid line option will be the alternate. Mrs. McCandless seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner. The motion passed unanimously.

Mr. Goodrich suggested the City Council express appreciation to the Provo City Council for going through this process with them.

COMMUNICATION ITEMS

The Great Utah Shake OutMike Larsen, Director of Public Safety, briefed the City Council on Orem’s involvement with the Great Shake Out event that was held on April 17th . Some of the things they learned are as follows:

Amateur radio system needs a boost o Put a permanent large antenna on the Public Safety Buildingo There are not enough amateur radio operators in the City of Orem

Eleven of the twenty-one neighborhoods reported

Senior Citizen Center was used as a shelter on the 18th Library participated in the event during storytime

Mr. Seastrand said his neighborhood had a lot of involvement. He asked whether the Community Emergency Response Teams (CERT) were involved in this event. Mr. Larsen said they have approximately 1,600 people in the city that are CERT trained. For this exercise they were asked


to work directly with their neighborhood districts and district chairs. Each district chose to work on different things.

Mr. Seastrand inquired if that is the basic line of communication they have in place as part of their emergency action plan. Mr. Larsen said that is how it is designed to work. From the street level CERT Program it goes up the chain to the neighborhood level to the district level and then to the Emergency Operations Center (EOC). There is a designated phone number that the district leader or designee has.

Mr. Seastrand then wondered if the district leaders report to the ecclesiastical leaders as well as the EOC. Mr. Larsen replied that they do. The neighborhoods are laid out along LDS Church stake boundaries simply for coordination and ease of use. The district leader, who is also the stake president, reports to the EOC and also reports to the LDS Church.

Mr. Chesnut indicated it is impressive that 34,585 Orem residents participated in this exercise.

Mr. Larsen said Jeff Beaty, Emergency Preparedness Manager, just received an invitation from Federal Emergency Management Agency (FEMA) to attend a conference about CERT and how it works. He will be presenting at the conference because FEMA likes Orem’s CERT Program, and it is one they want to emulate.

Mr. Seastrand questioned whether the City has been able to put together a CERT class for those speaking Spanish. Mr. Larsen replied they have not been able to do that yet because they do not have certified instructors that speak Spanish nor have they had enough people register.

Council/Staff Communication Responses Mayor Evans indicated he had received a letter from Councilmember Andersen inquiring about specific topics. Mayor Evans said he wants to make sure that staff is responding back to the Council’s questions. The first one was on the plans, and they received good feedback on that. Mayor Evans then asked staff to respond to the next questions as follows:

Accessory Apartmentso Mr. Sainsbury noted the issue has been scheduled for the Planning Commission

in June, and they are bringing the General Plan and an ordinance to the City Council in July.

Hidden Hollow Driveo Several neighbors spoke during the personal appearance portion of this meeting.

Staff will set up a meeting with the neighbors to discuss ways of mitigating the safety issues.

RDA Records Requesto Mr. Andersen indicated he has not received the RDA information he requested. o Mr. Chesnut advised they need to clarify the specific request. Mr. Andersen has

spoken with Mr. Pedersen about the RDAs and there were questions about whether Costco or Nordstrom received any RDA money and the answer is no, they did not. Woodbury Corporation did receive money, and they could choose what to do what they with that money. Mr. Chesnut said that while working through the budget, Mr. Pedersen prepared a lot of RDA information, which has been send to Mr. Andersen.


o Mr. Andersen indicated he had read in the paper that Nordstrom had been given $4.4 million. He wondered where the paper got that number from.

Mr. Chesnut clarified that Woodbury may have given them that amount; however, the City never gave any money to Nordstrom.

o Mr. Seastrand said he saw Mr. Andersen’s RDA request back in July, and he remembers getting some information from the Recorder’s Office on the RDAs. It seems to him that the question was answered in July, but Mr. Andersen is still implying that his questions have never been addressed or he has never received anything on it. Mr. Seastrand questioned how the GRAMA request process works.

Mr. Andersen indicated he requested the RDA history. After he spoke with Mr. Pedersen on the phone, Mr. Pedersen sent him some RDA history. Mr. Andersen said the information he received just had numbers for the various RDAs and not names, and he did not know what businesses they belonged to. When Mr. Andersen asked where the Word Perfect RDA was, Mr. Pedersen informed him that it was not a part of the response because it was very old and the State does not require the City to keep the records that are that old. Mr. Andersen had told him that he wanted the information, and Mr. Pedersen replied he would have to do a lot of work to come up with it.

Mr. Seastrand clarified that they had only sent him the current RDAs but Mr. Andersen wanted all of them from the beginning. Mr. Andersen responded that he wanted them from 1985 when the RDAs first started because he wanted a history. Mr. Pedersen found the information for Word Perfect while they were on the phone and said Word Perfect received $9.2 or 9.4 million. However, Mr. Pedersen has never given him written verification of that. Mr. Andersen said he has also asked for the RDAs by name in July and he has never received that either.

Mr. Chesnut advised that RDAs are classified by numbers, not names, because they are large areas. Someone might throw a name out, such as Word Perfect Park or University Parkway Park; however, they are classified by numbers. Mr. Chesnut requested clarification that Mr. Andersen wants information on all RDAs from when they started until now. Mr. Andersen said that is correct.

Mr. Andersen stated that he showed the information he had received to some people. They asked where the Word Perfect one is, and Mr. Andersen said he did not know. Then he found out that Mr. Pedersen had left the Word Perfect one blank. Then he discovered that the University Mall was also not listed. Mr. Pedersen told him that the University Mall is a sales tax rebate and not an RDA, and Mr. Andersen had only asked for the RDAs. Mr. Andersen said he has had several conversations with Mr. Pedersen, and Mr. Andersen thought it was clear that he wanted all subsidies, rebates, or whatever they wanted to call them.


Mr. Chesnut indicated Mr. Manning is following up with all of this. When they are talking about RDAs, there are different increment processes, such as sales tax and property tax. Most of the RDAs are based on performance. The retailers have to perform at certain levels, then a reimbursement will come into play after they have achieved specific benchmarks. With a better understanding of what Mr. Andersen is actually looking for, staff will work together to make sure all of the information is compiled. In regards to the mall and the properties that were acquired for 800 South, the negotiations were for the widening of 800 South. They worked a lot with the neighbors for the street widening to help with traffic for the retail developments that were going in. Staff can to pull the files for the agreements if Mr. Andersen wants all of the negotiations that took place for the street widening.

Mr. Andersen replied that he would like to see it because that is part of the cost to bring Costco in.

The other Councilmembers clarified that those negotiations were not for Costco. That was just for the widening of 800 South. It was a street project that had already been planned.

Mr. Manning stated that the plan to widen 800 South began when the City connected to 3700 North in Provo. They stopped at the east side of 800 East; however, they planned to widen it to State Street in the future. Costco’s coming did speed up the process, but it was not done for Costco. It was done to help the neighbors in the area. Mr. Manning said he thinks the signal light at 750 East was paid for by Costco, but he would have to research it to make sure. Mr. Manning indicated that he was not aware that Mr. Andersen wanted this information until that afternoon.

Mr. Andersen said he was looking back at the minutes from 1999, and Mr. Reams had talked about bonding and buying homes. Mr. Andersen had thought that the City had bought some homes that ran from 800 South to 1000 South and tore them down.o Mr. Sainsbury clarified that the 800 South road widening

had been part of the Street Master Plan for some time. It was not done to get Costco to come to Orem. It was done when it was because the City knew Costco was coming, and it would bring a lot of traffic into the neighborhood. The neighbors were very concerned because the access would be on 800 South, and it would ruin the neighborhood if the City did not do something. It helped Costco to have a better road there, but it was done for the neighbors.

o Mr. Manning noted the City bought some property for the 800 East Street Project and told the mall that whatever the City did not have to use, the mall could purchase it from the City for what the City paid for it. This all took place before Costco was even on the horizon.


o Mr. Seastrand asked if the City gave any property to the mall or Costco. Mr. Manning said they did not give any property away, but they sold some property to the mall.

o Mayor Evans asked staff to go back and check on things to make sure that nothing happened in that area that Mr. Andersen is talking about.

UTOPIA Questionso Mr. Chesnut said he has forwarded the UTOPIA question to Mr. Manning, and

he will be responding to them. Mr. Manning replied the City’s obligation this coming year is $2.802

million, and it grows 2 percent each year through 2040. That is some of it. If they want to get into how it all works, they will have to bring down UTOPIA’s finance person. Orem’s portion is very well defined, and staff knows to the penny every single year what the amount is. All of the Councilmembers have received that information multiple times.

Mr. Andersen said what he wants to find out is the borrowing of the money. The City borrowed $32 million with a 20-year payout, and the principle and interest took it to $43 million and the principle and interest were included in the loan. Then the City set $3 million aside for payments and then rolled the money into another loan with principle and interest again with another deferred payment plan. He wanted to figure out why Orem is only 32 percent built out and Provo is 100 percent built out with less money, but he wants to get the money figured out first.

Mr. Manning said he will have Mr. Andersen sit down with Mr. Sudweeks from UTOPIA to go over the figures and get his questions answered.

Mr. Chesnut reminded the City Council that the commitment of the $2.8 million going forward 2 percent each year is not going to change. The City has to pay that based on its financial commitments. However, staff can recreate the history of how it all happened for the Council’s information.

Mrs. Street said a lot of that information is in a public document that is on the orem.org website. Mr. Manning did a really good job creating an in-depth summary in a frequently asked questions document for UTOPIA. The history of when the bonds were issued is right there.

Mr. Andersen said he has seen some of that, and he did speak with Mr. Nelson several months ago. He is trying to figure out how much was being borrowed and how much is being paid back.

Mr. Seastrand clarified that Mr. Andersen’s question is whether Orem has made any principle payment toward the debt of UTOPIA. Mr. Andersen said that would be part of it and if they did make a payment, was it just made with borrowed money. He said it looks like the interest they have accumulated exceeds the amount of the payments that have been made. He said he wants the full history of it.


Mrs. Black said it really does help to just go sit down with staff and have them explain these things.

Mayor Evans indicated that as he gets these communication items, he is going to bring them up so everyone is on the same page.

ADJOURNMENT

Mr. Andersen moved to adjourn the meeting. Mr. Sumner seconded the motion. Those voting aye: Councilmembers Hans Andersen, Margaret Black, Jim Evans, Karen A. McCandless, Mark E. Seastrand, Mary Street, and Brent Sumner.

The meeting adjourned at 9:02 p.m.

Donna R. Weaver, City Recorder

Approved: May 8, 2012


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