CITY OF OREMCITY COUNCIL MEETING

56 North State Street Orem, UtahAugust 28, 2012

5:00 P.M. STUDY 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 Jamie Davidson, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Karl Hirst, Recreation Director; Chris Tschirki, Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

UTOPIA UpdateRichard Manning, Administrative Services Director, reviewed the history of UTOPIA. The timeline was as follows:

2002 – City participated in a study to determine the viability of Fiber to the Home (FTTH) concept

2004 – City joined UTOPIA and became a financial partner 2008 – Refinanced debt to $185 million and 11 Cities pledged to back this debt 2011 – Utah Infrastructure Agency (UIA) issued $29.5 million to continue construction

and partially fund ongoing UTOPIAo First year’s results

2,337 new subscribers 2,273 residential 164 business

Attained 49 percent of phase 1 subscriber goals Attained 92 percent of phase 1 revenue goals

o Auditors want revenues restated, which will show a dramatic increase in revenues

Increased average revenue per subscriber significantlyo Now average $48 per subscriber

o Orem’s results 567 new subscribers 542 residential 25 business

UIA Business Plano 5 phase modelo Goals

Cover UIA debt

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Almost there Cover operational deficit after 3rd phase Help pay down $185 million

o UIA approved to issue up to $65 million in debt Have approved $29.5 million Received $17 million in stimulus grant Each of 1st 3 trenches of debt planned to contain operational support for

UTOPIA Phase 1 - $4.5 million Phase 2 - $2.65 million Phase 3 - $100,000

Phase 1 began June 2011 Plan was to issue next round of debt June 2012

UTOPIA runs out of operational funds September 30 Problems in Phase 1

o Tsunami in Japan took out most of world’s fiber production capabilityo Smaller addressable market than projected by Dynamic Cityo Construction Utility Easement (CUE)o Failure to reach projected subscriber goals

Response to Problemso Developed lease programo Increased focus on business generating roughly $10 to $1 per subscribero Savings in marketing has allowed UTOPIA to continue operating until end of

September Options going forward

o Stop seeking to grow network Will have to pay all of existing debt

City has a schedule and knows to the penny how much that will be Pay ongoing operational costs

Operations will be reduced as no need for marketing, sales, construction, etc.

This creates in equity with the Cities Some have paid more than they received back Others received more than they have paid

Lose $6 to $7 million in unspent stimulus fundso Shut Down

Have to pay all outstanding debt No more operations costs Inequality argument above comes into play Lawsuits from those who have paid for connections that now have no

serviceo Sell the system

Will receive an unknown amount back on system Will have to pay some portion of the debt Current subscribers may or may not have to change providers Need to determine an equitable distribution of assets prior to a sale

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o Continue seeking to grow system Next phase is $10 million

$3 million operations o Balance construction

Focus will be on selling along the stimulus route and business customers Maximum additional exposure if not a single new customer subscribes

$70 to $75,000 per year There are options on how to grow the system FTTH, wireless, air bridges, primarily business

Recommendationo Proceed with next phase if

UTOPIA produces a plan based upon current performances showing how operational costs of UTOPIA will be covered within 2 years

Hold UIA/UTOPIA accountable for reaching performance goals What to do if performance goals are not met

UTOPIA/UIA Performance Goalo Cover operations within the next 2 phases

Find top return on investment (ROI) opportunities Increase average revenue per user (ARPU) Increase market share through innovative deployment Get Cities fully supportive of UTOPIA and enhance general image of

UTOPIA Legislative Audit

o Nothing in audit suggests stoppingo 4 recommendations are being implemented

The Board strengthens its management controls through Formal development plan reviewed and approved by the Board Formally adopt new management practices Adopt a set of benchmark metrics to evaluate progress toward

achieving goals and strategieso This is being pursued diligently with meetings being

dedicated to fleshing out goals and strategieso A management audit is being considered with the aim to

provide the Board specific recommendations to improve operations

Recommend the Board adopt financial controls required by the Uniform Fiscal Procedures Act for Cities

Ensure that its business is always conducted in a manner consistent with the Utah Open and Public Meetings Act

Reactivate its three standing committees Economic Development Committee Finance Committee

o Has been activated Network Advancement Committee

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The City Council, staff, and UTOPIA staff discussed the options for moving forward. A follow up session will be scheduled for further discussion.

DISCUSSION – Care Giver OrdinanceSteve Earl, Deputy City Attorney, gave a brief background of why the City Council approved the over sixty-five ordinance. The main purpose was to help those over sixty-five have additional income that would help them continue to make their mortgage payment and allow them to stay in their home. It would also allow for them to have a live-in care giver. The reason the Council chose age sixty-five was because those people are normally empty nesters who live alone. They have fewer drivers, so there would be less impact on the neighborhoods.

Mr. Andersen observed that the City was only getting eight to ten new accessory apartments per year when the opportunity was open. He said that did not allow for very much new housing. Utah Valley University is growing, and if the City Council wants to increase housing, they should open the care-giver option to anyone that wants to do it.

Mrs. Black said they opened up accessory apartments, which will add more housing opportunities. She does not have any desire to open the care-giver ordinance to everyone. That would be doing away with single-family neighborhoods.

Mr. Andersen stated that if they do not want to change the ordinance to open it up to everyone, the City should focus on enforcing the ordinance on all illegal accessory apartments.

Mr. Seastrand advised that part of the overall housing strategy in Orem is to provide diverse options such as town homes, multi-units, single-family dwellings, senior housing, etc.

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items.

CITY COUNCIL NEW BUSINESS

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

6:00 P.M. REGULAR SESSION

CONDUCTING Mayor James Evans

ELECTED OFFICIALS Councilmembers Hans Andersen, Margaret Black, Karen A. McCandless (left the meeting at 7:11 p.m.), Mark E. Seastrand, Mary Street, and Brent Sumner

APPOINTED STAFF Jamie Davidson, Assistant City Manager; Greg Stephens, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Karl Hirst, Recreation Director; Chris Tschirki,

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Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder

PLEDGE OF ALLEGIANCE Larry Ballard

INVOCATION / INSPIRATIONAL THOUGHT Trent Bowen

APPROVAL OF MINUTES

City Council Meeting of August 14, 2012Mr. Seastrand moved to approve the minutes of the August 14, 2012, meeting of the Orem City Council. Mrs. Black seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

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

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

Appointments to Boards and CommissionsMayor Evans recommended Darla Baker be reappointed to serve on the Library Advisory Commission.

Mr. Seastrand moved to reappoint Darla Baker to serve as a member of the Library Advisory Commission. Mrs. McCandless seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

Recognition of New Neighborhoods in Action OfficersMrs. McCandless indicated Joyce Johnson is the Neighborhood Organizational Specialist. She has been involved with the City for many years, and she is retiring tomorrow. Mrs. McCandless thanked Mrs. Johnson for her many years of service.

The Councilmembers each took a turn to thank Mrs. Johnson for her service and to relay memories they had of her.

Mrs. McCandless moved to proclaim, August 29, 2012, as “Joyce Johnson Day” in recognition of her service to the City of Orem. Mrs. Street seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

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AWARD – Walter C. OremMayor Evans read from a list of accomplishments and then presented Val Hale with the Walter C. Orem award.

Mr. Hale stated he has lived in Orem for forty-two years, and he loves everything about it. He expressed appreciation to the Mayor and Councilmembers for their service to the residents. Mr. Hale pledged his support to help Orem. He also voiced appreciation to his wife for her support.

REPORT – Metropolitan Water BoardChris Tschirki, Public Works Director, introduced Jack Jones as the Metropolitan Water Board chair. Mr. Jones then recognized board members--Russ Brown, Vern Stratton, Rick Lewis, LaDell Gillman, Alex Lott, and Chris Tschirki.

Mr. Jones gave a brief history of the Metropolitan Water Board. He stated the City of Orem has enough water to support a full build out of the city. He thanked all of the Board members that have served the City of Orem diligently to make sure there is sufficient water for the City’s needs.

Mr. Tschirki stated the Board will be taking a tour in September, and they would like to invite the City Council to go on the tour with them. Mr. Tschirki then recognized Ruth Ann Ivie as the Board secretary and Neal Winterton and the Water Resources Division Manager. Mr. Tschirki said Orem’s forefathers had a lot of insight when looking at water issues for the city. He noted that in 1997, the District developed a water right impact fee. This was to help offset the costs to the residents and to have the impact fees pay for future water rights. This has helped plan for the future. He expressed appreciation to this Board and the previous Boards for their service to the City.

Mayor Evans added that Scera Park Elementary is celebrating its 50 th Anniversary, and Mr. Gillman was a teacher there.

Mr. Andersen asked if any of the water Orem has is guaranteed as so many gallons, or if the city just gets a share of what is available.

Mr. Jones stated that they own water rights by shares in all of the irrigation companies. The City owns Alta Springs, Canyon Springs, and all of the nine wells. The only thing that can change that is if the State engineer starts to interfere with the water rights. The amount of water the City can have depends on what is available.

Mr. Gillman advised that sometime he would like to read a talk his father gave over the radio in 1939 promoting the City of Orem. He said it would give them a real insight into the changes that have taken place in the City of Orem since 1939.

Mayor Evans said they will get that scheduled. He said he would like to get a copy of that talk to display with the History of Orem.

CONSENT ITEMS

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There were no consent items.SCHEDULED ITEMS

6:00 P.M. PUBLIC HEARINGORDINANCE - Amending Section 22-11-33 and Appendix O of the Orem City Code as They Pertain to the PD-21 Zone Located Generally at 1100 South Geneva Road

Stanford Sainsbury, Development Services Director, presented an applicant request that the City Council approve several amendments to the PD-21 zone located generally at 1100 South Geneva Road.

The PD-21 zone was created for the purpose of providing student housing and other high-density residential housing in a mixed-use village. With the Inter-model center being placed next door, the PD-21 zone has evolved into a transit oriented development (TOD) that caters to both UVU students and transit users. Over the years, ownership of the project has evolved from one owner of the entire zone to multiple owners. Although the development is separately owned, it is still the same integrated project with different emphasis being placed by the individual owners.

Flagship Luxury Apartments is proposed to be constructed primarily as married housing for both working couples and students and is identified at “Area 2” in Appendix O. For the proposal to be constructed as planned, several text amendments must be approved by the City. The proposed amendments are as follows:

22-11-33(P)(8)(a)Parking for student housing units shall be provided at the rate of (0.65) parking spaces per occupancy unit.

The existing buildings were approved with a parking ratio of 0.7 stalls per occupancy unit. An occupancy unit is a bedroom of 110 square feet or less and for 1 occupant. A bedroom greater than 110 square feet can have 2 occupants. The proposed change in the parking requirement will not have an effect on the existing residential uses. The proposed change to the parking requirement from 0.7 to 0.65 reduces the number of required parking stalls by approximately 50 for the Flagship development. There is some validity to the case that the location of the UTA train station will reduce the need for parking stalls. Since housing in the PD-21 zone is no longer required to have a minimum percentage of student occupancy, those wishing to commute to work via the train may choose this location as a place to live.

22-11-33(P)(9)(b)One (1) deciduous tree, at least two (2) inches in caliper measured at ground level, and one evergreen tree at least five (5) gallons in size is required for every three thousand (3,000) square feet or fraction thereof of landscaped area. Evergreen shrubs, at least five (5) gallons in size, are required at a ratio of one (1) each per dwelling unit. A licensed landscape architect is hereby given the discretion to substitute deciduous trees for evergreen trees based on soil condition and water table depth.

The applicant’s proposed landscape plan far exceeds the required number of trees and shrubs. They would like the flexibility to use more deciduous trees should the site conditions warrant such use.

22-11-33(P)(14)(b)Four (4) swimming pools.

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Two swimming pools are located within the existing Parkway (Wolverine) Crossing development. The Flagship development proposes one pool and it is anticipated the vacant property along University Parkway, should it be used for housing, will be the location of a fourth pool. This results in one more pool than needed.

22-11-33(U)Shuttle Transportation to Utah Valley University. The owner(s) or manager(s) of the development(s) in the PD-21 zone shall operate and maintain a no-charge shuttle that operates between the PD-21 zone and Utah Valley University. The minimum operational requirements for the shuttle operation are: 1. Monday through Friday, a shuttle shall operate between the PD-21 zone and Utah Valley University every 15 minutes between the hours of 7:30 a.m. and 2:00 p.m., and every half hour between 2:00 p.m. to 10:00 p.m.2. The shuttle shall have at least two stops within the PD-21zone, with benches and shelters.

3. A shuttle service shall not be required if the PD-21 zone is serviced by a minimum of one (1) UTA bus route that meets the same operational requirements applicable to the shuttle service as described above.

UTA currently serves the PD-21 zone with bus service, and according to the official schedule, Route 830 exceeds the number of times a shuttle (or bus) is required to stop.

When the PD-21 zone was created, there was no intermodal center. With the substantial completion of the intermodal center this December, staff recommends that this section be removed.

22-11-33(Z) Expansion of Existing Nonconforming Use. Subsection (Z) was added in 2003 when Freeway Gardens was still in business along University Parkway. The owners wanted the ability to expand their business if needed but required a text amendment to proceed. Freeway Gardens is no longer in business, so staff felt this section should be removed.

Appendix O also must be amended to include the new concept plan and the building elevations. These are included as attachments to this report. Development must then substantially conform to the revised concept plan and elevations.

Mayor Evans said it makes sense to utilize the Intermodal Center for transportation rather than requiring a separate shuttle service.

Mr. Seastrand advised that he is concerned about parking. He questioned whether a parking study had been done that would support lowering the parking requirement. Mr. Sainsbury said the applicant has done a study and will go over that with the City Council.

Curtis Miner, architect; Ryan Hales, engineer; and Paul Gifford and Nate Hutchinson, Flagship Homes introduced themselves.

Mr. Miner clarified that the parking study is based on the number of beds. Each bedroom unit is required to have two parking stalls, and the larger units go up from there.

Mr. Hales gave a quick overview of the project and the parking study. The Flagship Luxury Apartments will have 382 apartments, and they anticipate having 1,028 occupants based on the

City Council Minutes – August 28, 2012 (p.8)

Orem City Code. The proposed stall count is 668 stall, which is .65 stall per occupant. The current Code requires 720 stalls. The national average is 1.23 vehicles per unit, which would mean 470 stall for this project. This does not account for the married students or the proximity to transit or other factors that may apply to this location. They checked the parking numbers from the various apartment complexes in the city. The results showed that the Flagship project had more parking than the majority of the complexes.

Mr. Seastrand noted the proposed occupancy is 1,028. He questioned how many units they had. Mr. Hales replied there are 382.

Mr. Seastrand asked how they will address visitor parking.

Mr. Miner said there are covered parking stalls within the design for the project. There is one covered parking stall per unit. The balance of the parking stalls are located outside of that area. Those would be available to both tenants and visitors.

Mr. Seastrand stated that the study showed married housing typically having a lower parking average per unit and student housing typically having a higher parking rate. Mr. Hales agreed.

Mr. Andersen asked how the applicants got the other complexes’ parking numbers and how they expect him to believe those are good numbers.

Mr. Hales stated they have people go out and collect the data, counting the stalls/vehicles. They do the count at a time when most of the occupants would be there such as late at night and very early in the morning. They also called the complexes to see how many occupants they had.

Mayor Evans opened the public hearing.

James Fawcett, resident, noted the bus tends to quit around 8:30 p.m., and the school has classes until 10:00 p.m. He questioned how the students would get home if they were there later for an event. He asked if the shuttle service costs money, and if the cost is rolled into the housing. A monthly bus pass could cost a student $60 per month. He expressed his opinion that the more stalls the better.

Mrs. McCandless said she just got on the UTA website, and the shuttle runs from 6:00 a.m. to 10:51 p.m. on weekdays and 6:45 a.m. to 10:36 p.m. on Saturdays.

Mayor Evans explained that this will also be right next to the Intermodal hub, which is unique to this site.

Mr. Sainsbury said this shuttle requirement is in place unless the City Council changes it tonight. That requirement is already being met by UTA, and it is one of their busiest runs.

Mr. Sumner questioned whether the Intermodal hub is prepared to handle large groups of students in a quick manner.

Mayor Evans noted that they are having many meetings right now with UTA, and that is one of

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the topics they have discussed. There will be some give and take, but they are working on those issues.Mr. Davidson stated UTA is in the process of modifying all of its schedules due to the Frontrunner train coming to the area at the end of the year. The plan is to increase service to and from the hub.

Mr. Sainsbury added that this project originally required that students live there. However, that requirement was taken off several years ago, and staff is excited because it should bring people who will live there and work up and down the Frontrunner route, which will change the environment.

Mayor Evans closed the public hearing.

Mrs. Black moved, by ordinance, to approve several amendments to the PD-21 zone located generally at 1100 South Geneva Road. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mrs. McCandless, Mr. Seastrand, Mrs. Street. Those voting nay: Mr. Sumner. The motion carried with a majority vote of 6 to 1.

Mr. Sumner noted that he is still not comfortable with the lower parking numbers.

Mr. Seastrand asked if this apartment will have a manager. Mr. Gifford said they would be owned and managed by them.

**Mrs. McCandless left the meeting at 7:11 p.m.

RESOLUTION – Approving a Fence Modification for Property Located Generally at 840 North Industrial Park Road

Mrs. Street recused herself from this item.

**Mrs. Street left the meeting at 7:11 p.m.

Mr. Sainsbury presented an applicant request that the City Council approve a fence modification for property located generally at 840 North Industrial Park Road. The applicant has recently acquired the property at 840 North Industrial Park Road and plans to locate a metal recycling operation on that lot. The applicant received approval to locate a new truck scale on site in July 2012. The current site is enclosed with a 6-foot chain link fence without slats, except along the south property line where UDOT has removed the fencing. The existing fence will be replaced along the north, east, and west property lines with 8-foot slatted chain link fencing. A portion of the existing fence has already been removed along 800 North and will be replaced 10 feet back from the existing property line as per Orem City Code, and landscaping will be located along the street frontage. The applicant is required to screen any outside storage with a site obscuring fence. As per State Code, the “Junkyard Control Act” requires a site obscuring fence to screen any recycling/junkyard location within 1,000 feet of an interstate or federal-aid highway. It has been suggested by the applicant that a 12-foot high fence on the east property line adjacent to the freeway off ramp along I-15 will properly screen the site from the freeway corridor. The City ordinance currently only allows a maximum height of 8 feet for fencing in industrial zones.

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According to Orem City Code Section 2-14-19(D), the approved fencing materials in an industrial or nonresidential, area are: stone, brick, block, stucco, cedar, steel reinforced polyethylene panel that has the appearance of stone, chain link, or chain link with factory installed sight obscuring slats. The material the applicant is proposing is a chain link fence with factory installed slats that will screen ninety-eight percent of the site. It will be used along the north and south property lines as well as along the east property line adjacent to the newly completed 800 North off ramp. The fence meets Orem City Code requirements as per setbacks and sight distances as well.

Advantage: The proposed fence will screen the recycling center from I-15, which fulfills State law.

Disadvantage: Staff would prefer a more aesthetically pleasing material be used along the newly

finished 800 North off ramp.

Steve Allen, applicant, gave a short presentation explaining the purpose of his company. He clarified that they are a metal recycling facility and not a junkyard.

Mr. Seastrand indicated that this is a highly visible high traffic area and asked whether there is some strategic benefit to being at this location. Mr. Allen said that like any other business, having the visibility is important. The better visibility, the better access they have to customers.

Mr. Andersen said it is his understanding that they transport the items to Salt Lake City. He asked what they actually do on this site.

Mr. Allen explained that they have a scale at this site. People will go through the scale, drop off the material, and go back through the scale. They are then paid the difference in the weight for the materials which are then transported to their recycling plant in Salt Lake City. The processing yard in Salt Lake is thirteen acres, so there is no possibility for this location to ever process the materials.

Mrs. Black questioned the proposed landscaping.

Mr. Allen said he received a call from the Utah Department of Transportation (UDOT) this afternoon, and they gave their verbal approval to allow him to plant trees along the fence line. Mr. Allen stated that there is four feet of dirt between the sidewalk and the north side property line will have ten feet of landscape with grass and trees. They did not want to leave the area as dirt, so they went through a process with UDOT to get permission to plant the grass all the way to the sidewalk.

Mrs. Black then inquired whether they would call it a living fence or pine trees if the City Council were to approve this application.

Mr. Stephens said the Councilmembers can make this motion however they want. If they approve it subject the applicant putting in the evergreen trees, and UDOT will not allow that, the

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applicant would have to come back to the City Council for some type of approval.

Mr. Seastrand noted there has been a lot of news about metal theft. He asked how this organization deals with theft deterrent and preventative measures.

Mr. Allen indicated that metal theft has been a problem for quite some time. It came to a head in the State of Utah four or five years ago. A senator from Ogden tried to pass some restrictive laws that would regulate recycling centers. Since that time, the recycling centers have worked very closely with the legislature to try to solve the problem. There are laws in place that they fully adhere to, such as taking pictures of each transaction, taking identification for each transaction, and when taking the money from their ATM machine, it takes a picture of the person. Mr. Allen said he helped create a metal theft alert system, which is managed by the West Jordan Police Department on a statewide level. They receive emails on a daily basis of metal thefts that have occurred. This helps recyclers keep an eye on things. He gave an example of a theft that occurred of bronze statues in Murray. The suspects were arrested.

Mrs. Black moved to approve a fence modification for property located generally at 840 North Industrial Park Road with the addition that they will plant a $200 pine tree every thirty feet along the fence line. Mr. Seastrand seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mr. Seastrand, and Mr. Sumner. The motion passed unanimously.

**Mrs. Street returned to the meeting at 7:33 p.m.

RESOLUTION—Approving an Interlocal Agreement between the Utah Transit Authority (UTA), the City of Orem and Eleven Other Cities for the Creation of a Railroad Corridor “Quiet Zone”

Steve Earl, Deputy City Attorney, presented a staff request that the City Council, by resolution, approve the execution of an Interlocal Agreement between the Utah Transit Authority (UTA) and the cities of Provo, Orem, Vineyard, American Fork, Lehi, Bluffdale, Draper, South Jordan, Sandy, Murray, South Salt Lake, and Salt Lake (the “Cities”), for the creation of a railroad corridor “Quiet Zone.”

With the near completion of the commuter rail line running between Provo and Salt Lake City, which passes through the twelve cities named above, the Utah Transit Authority (UTA) has suggested that the Cities establish a “Quiet Zone” pursuant to federal regulations. In a Quiet Zone, trains are not required to sound their horns at intersections as they approach grade crossings as they would otherwise be required to do. In order to qualify for a Quiet Zone, certain grade crossing protection improvements must be installed where roadways cross the railroad corridor at grade. These crossing protection improvements typically include gates, flashing lights and audible warning bells for pedestrians.

Orem currently has three locations where public streets cross the railroad corridor at grade. These crossings are located at 2000 South, 800 South, and 400 South. The necessary protection improvements will be installed and maintained at these locations by UTA.

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Under Federal Railroad Administration (FRA) regulations, the Cities may designate one representative City to act as the agent of the other Cities in establishing a Quiet Zone. The purpose of the proposed interlocal agreement is to appoint Lehi as the representative of the Cities to work with UTA toward the establishment of the Quiet Zone. The proposed interlocal agreement provides that Lehi will work with each of the Cities to collect the necessary information from the Cities such as traffic volumes at the crossings and grade crossing inventory forms. Lehi will collect and forward this information to UTA. Lehi will then prepare and submit the necessary forms including a Notice of Intent (NOI) to create a Quiet Zone and a Notice of Establishment (NOE) of the Quiet Zone in accordance with federal regulations. These notices will be provided to all railroads operating over the crossings within the proposed Quiet Zone, to each of the Cities, to land owners having control over any private crossings within the Quiet Zone, and to UDOT.

Lehi has already entered into an agreement with UTA to work toward the establishment of a Quiet Zone on behalf of the Cities, but that agreement is subject to each of the Cities approving the proposed interlocal agreement with Lehi.

Mr. Davidson said the safety improvements are part of the go-forward plan with UTA. UTA is very concerned about the safety of the crossings, especially at-grade crossings, so they are exercising great care in the installation of the systems. They are also mounting a large public education campaign along the Frontrunner corridor and specifically Utah County as they roll out the system that will open in December. They are putting gates at a pedestrian crossing, so if people have headphones on or their heads down, they will not be able to walk directly across. They would be required to move around an impediment, which would cause them to look in both directions before proceeding across the tracks. Common sense plays a big part in this, and sometimes people make some poor choices. UTA is doing everything possible to mitigate the safety concerns to keep traffic where it needs to be and pedestrians where they need to be at these crossings.

Mr. Seastrand inquired if this applies to the other train companies such as Union Pacific. Mr. Earl indicated he is not sure if it applies to every single railroad corridor; however, he knows it does cover Union Pacific.

Mr. Davidson said these regulations are governed by the Federal Railroad Administration, so he thinks the application would be much broader than just UTA.

Mr. Seastrand moved, by resolution, to approve the execution of an Interlocal Agreement between the Utah Transit Authority (UTA) and the cities of Provo, Orem, Vineyard, American Fork, Lehi, Bluffdale, Draper, South Jordan, Sandy, Murray, South Salt Lake, and Salt Lake (the “Cities”), for the creation of a railroad corridor “Quiet Zone.” Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

PERSONAL APPEARANCES

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

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Larry Ballard, Salem resident, stated he has researched United Nation’s Agenda 21 and has some concerns. It is not something that is black and white, but there are significant implications. He has made it a personal goal to visit city councils, planning commissions, and legislators to create an awareness for Agenda 21. He distributed some literature to the Council. Agenda 21 has environmental implications. He noted the State of Alabama has passed a bill stating that Alabama and all political subdivisions may not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process as may be required by policy recommendations originating in or traceable to Agenda 21. Mr. Ballard said he has done an analysis on Agenda 21 and invited the Council to go to his website to learn more.

Aaron Campbell, resident, indicated he is the Parent Teacher Association’s (PTA) legislative chair for Region 9. The PTA is the largest child advocate group in the United States, and there are 3,900 PTA members in Orem who care about their children and families. The PTA maintains strong positions on issues that affect children and families. In the coming months, the legislative chairs will be meeting together and working with the 3,900 members to help identify and research issues, concerns, and areas of improvement for the PTA to work together with city attorneys, planning commissions, city council, and city administrators to improve the lives of the children in Orem. An example of this would be the marketing and retail placement of spice and other dissolvable tobacco products. Utah has one of the most lax laws on tobacco use among minors in the United States. The City of Centerville just passed an ordinance that restricts the location and sales of these items. He would like to work with the City of Orem to pass similar ordinances to help keep tobacco out of the hands of minors in the city. He expressed gratitude to the City for creating the zoning laws and for enforcing the speed limits to help get the children safely to and from school. He noted there is a lot of chaos going down around Cherryhill, and the City has been very generous in helping the construction crews get in and out to help with the traffic flow.

Sarah Bateman, resident, reported on the “free cycle” yard sale she held earlier this summer. She noted it was very successful, and she is planning to hold another one on September 29 th. She has a plan to market the event to get more people involved.

Jim Smith, resident, expressed concern with the high-speed intersections for the trains. Saturday morning he attended a soccer game at 400 South, and he was happy to see the blocks that would stop pedestrians from walking onto the tracks. He saw a story on KSL where a woman made a bad turn, and the train took her out. It dragged the car 150 feet, and she never saw it coming. It made him think there needs to be something more in place to keep the people safe. There are not any local statistics, but he received some from Salt Lake. There has been one death every four months for the last few years. He indicated he does not want to see one death every four months in Utah County. That is a lot. He said whatever UTA is going to put up for safety has to be significant and placed on both sides of the road.

Phil McCabe, resident, expressed appreciation to the Council for taking time to listen to the residents at the last meeting and for trying to address the concerns of the business owners. He pointed out a couple of things from the last meeting, saying Mrs. Street shared an anecdote about being a grocery store clerk as a teenager and someone telling her about credit cards becoming

City Council Minutes – August 28, 2012 (p.14)

prevalent. She mentioned that the Internet did not exist at that time. Mr. McCabe clarified that the Internet began to exist in the last 1960s and early 1970s. It was not widely available at that time because it was a government controlled organization. It became accessible in the 1990s. Mr. McCabe said there was also a lot of interest at the last meeting given to City services that are provided. He said looked up the ambulance the City is looking to replace, and it is a 2008 model. One of the cuts that did not actually get made that Mr. Andersen proposed was $30,000 a year for lunch budgets. That is the amount of one of the cars in the vehicle replacement. Over the course of four to five years, which is about the life cycle of the ambulances, that is about what an ambulance is worth. There are things that can be cut that are not the most essential services.

COMMUNICATION ITEMS

There were no communication items.

CITY MANAGER INFORMATION ITEMS

There were no information items.

ADJOURNMENT

Mrs. Black moved to adjourn the meeting. Mr. Andersen seconded the motion. Those voting aye: Mr. Andersen, Mrs. Black, Mr. Evans, Mr. Seastrand, Mrs. Street, and Mr. Sumner. The motion passed unanimously.

The meeting adjourned at 8:02 p.m.

Donna R. Weaver, City Recorder

Approved: September 11, 2012

City Council Minutes – August 28, 2012 (p.15)