CITY OF OREMexe.orem.org/minutes/ccmin/2001-2050/2008/2008-11-11.… · Web viewMrs. McCandless...

CITY OF OREMCITY COUNCIL MEETING

56 North State Street Orem, UtahNovember 11, 2008

4:30 P.M. WORK SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Margaret Black, Dean Dickerson, Carl Hernandez III, Karen A. McCandless, Mark E. Seastrand, and Shiree Thurston

APPOINTED STAFF Jim Reams, City Manager; Jeff Pedersen, Assistant City Manager; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Karl Hirst, Recreation Director; and Donna Weaver, City Recorder

CONTINUED DISCUSSION – Care Tax – Thirty-five Percent FormulaMayor Washburn thanked Charlene Mackay and Louise Wallace for providing the information for the Council to consider. The Council had continued this discussion from the last meeting in order to have more time to think over the thirty-five percent formula. Mayor Washburn then reviewed the Council’s consensus from the last meeting.

Mayor Washburn stated they could change the thirty-five percent to a different number or eliminate the formula altogether. That would give the City Council more discretion to decide; however, Ms. Mackay had outlined the advantages to having some kind of threshold. He asked what the Council would like to do.

Mr. Hernandez asked about the decision to do something with the 501c3 requirement for the mini grants. Ms. Mackay indicated they had discussed allowing organizations that were registered with the State to apply.

Mrs. Black stated they had to be registered with the State as nonprofit for the under $5,000 grants. She advised the organizations applying for the major grants should still have the 501c3 status.

Mr. Hernandez noted he was trying to figure out the rationale for imposing the thirty-five percent formula requirement and the only thing he could find was that Salt Lake County requires that with their ZAP Tax. The laws that apply to the ZAP Tax state that no large entity receiving ZAP tax funds can receive more than thirty-five percent. Mr. Hernandez asked if that was the basis for the Orem language.

Ms. Mackay replied that was one of the thresholds in the beginning.

City Council Minutes – November 11, 2008 (p.1)

Mrs. Wallace added that the Orem language is patterned after the ZAP Tax, and the thirty-five percent formula was also the recommendation of the Cultural Arts Advisory Commission.Mrs. McCandless stated they were also concerned that if there was no maximum, the organizations could ask for seventy or eighty percent of their operating budget, and they could become too dependent on the CARE Tax.

Mr. Seastrand noted the organizations could also get funding from other sources.

Mr. Hernandez advised that he does not disagree with this; however, he has trouble understanding the expenditure language. An organization that wants to increase programming is being benefitted more than an organization that focuses on improving their facility. The City could be penalizing them for making that judgment call.

Mr. Stephens clarified that they could say they are rewarding the organizations that are following the law and using the funds for the intended purposes.

Mr. Hernandez noted that the organizations could make the judgment call to shift some of their funds from operations to capital improvements, using the CARE funds for operations as required. He does not want to penalize an organization for making capital improvements, which could benefit the community. Mr. Hernandez indicated he looked at the ZAP Tax policies, and it does not appear that they have this particular language. It seems that the organizations ought to be able to make the judgment call on how they can improve. Some organization might use the CARE Tax entirely for programming, and they would not be sustainable without the CARE Tax.

Mr. Seastrand stated that in the beginning the Council did not know what to expect. They wanted to prevent organizations from becoming too dependent on the CARE Tax and also allow the Council to make decisions without creating too much of an expectation. Now the thirty-five percent formula could be a greater limitation to what the Council wants to do. The Council could increase the percentage a little bit to give them more flexibility.

Mr. Hernandez advised that he does not have a concern with the thirty-five percent limitation. He is concerned that the organizations are limited in how they can use the funding without being penalized. He stated he does not like that the CARE money is included in the expenditure language.

Mayor Washburn asked how Mr. Hernandez wanted to change the language, because State law prohibits the use of the CARE Tax for brick and mortar.

Mr. Hernandez said they could remove the language from the policy that states they cannot use the CARE funds as part of their qualifying operating expenses.

Mrs. Black stated that if they have $1 million in operating expenses they would get $350,000 in CARE funding. The next year, if they include the $350,000 in their operating expenses, the amount they can ask for would go up.

Mr. Hernandez said the Council would still make the judgment for allocations depending upon how much CARE money they have to work with each year. There is a natural limitation on how


much money they have in the fund. He said there is no need to set an artificial limitation by deducting the previous year’s allocation. Mrs. Wallace explained the rationale behind the language was that if the money truly goes to new programs and services it would lift the whole community in terms of their involvement with the arts and how much they would donate to the arts. The thought was that it would create an upward spiral because the community could see that this is giving them more cultural arts opportunities. This was not designed to punish the organizations, but to impact the grooming of a community.

Mayor Washburn suggested leaving the thirty-five percent formula in the language and removing the sentence that requires the CARE allocation to be listed as a nonqualifying expense.

Mr. Seastrand noted the organizations could qualify for more funding, but they might not get it.

Mr. Stephens advised that State law requires the City to give the organizations the CARE money for their ongoing operating expenses, and the City has defined what those qualifying expenses are.

Mr. Hernandez said removing that sentence frees the organization to choose how they use the money, but it still leaves the Council with the discretion of how much money is awarded.

Mrs. Black asked whether this would allow the organizations to get around the law.

Mayor Washburn explained that technically it might; however, the CARE money is not being used for brick and mortar. He asked for a consensus from the Council.

Mr. Seastrand, Mr. Hernandez, and Mrs. McCandless agreed with the Mayor’s suggestion. Mrs. Thurston stated she is okay with it, but she is worried about the expectation it might create.

Mrs. Black said she is okay with trying to broaden it but reiterated her concern that it would allow organizations to go around the intent of the law. Mayor Washburn stated he does not think that is what this is doing, but that could be debatable.

Mr. Dickerson indicated he would prefer to leave the language as it is. He noted he does not want the thirty-five percent to be included in their operating expenses. They should not be able to get more CARE funds because they are counting the CARE grant as an expense from the previous year. They would be double dipping on the CARE funds.

Mrs. McCandless remarked that she does not see that becoming a problem, but she can see the concern.

Mr. Seastrand said he can see organizations making bad business decisions in order to qualify for additional funding. Right now the organizations have to spend so much money in order to qualify for the funding, so it encourages potential organizations to spend money on things they do not need. Allowing more flexibility gives the organizations the ability to make better decisions to create a solid organization with good programming.


Mr. Dickerson agreed, asking when the CARE tax is over, what the Council could show the community they got for their tax revenues.

Mr. Seastrand indicated that they can hopefully show an organization that has its house in order and has added new programs. The money has also enhances the quality of the programming.

Mr. Dickerson expressed that when the Council asks the residents of Orem to renew the tax they need to have something to show for it.

Mr. Hernandez noted that he believes the organizations will talk about what the CARE tax has provided. The current language does not give the organizations the freedom to make the best decisions about their programming.

Mrs. Thurston asked whether staff would bring the language back to the Council in a Council meeting.

Mayor Washburn stated this item could be placed as a consent item at a future meeting, and they could move it to a scheduled item if the Council wanted to have any further discussion.

5:00 P.M. STUDY SESSION



APPOINTED STAFF Jim Reams, City Manager; Jeff Pedersen, Assistant City Manager; Paul Johnson, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Karl Hirst, Recreation Director; and Donna Weaver, City Recorder

PRESENTATION – Realtor Board and Government Affairs Committee – Taylor Oldroyd

Taylor Oldroyd, board chair, indicated that Orem has been the home for Utah County Association of Realtors for many years. He introduced other realtors in attendance--Chris Nichols, Matt Barton, Dora Shornfield, Marty Henderson, Dustin Schick, Kimberly Kerswell, Don Housekeeper, and Mickey Newell.

Mr. Oldroyd reviewed information about the Utah County Association of Realtors (UCAR) organization and history. He indicated that municipalities have a role in providing affordable housing. He went over statistical data relating to the number of home sales. He noted that September 2008 compared to September 2007 showed a sixteen percent increase in the number of sales, and the prices are only down six percent.


Mayor Washburn asked how this year’s numbers would work out. Mr. Oldroyd stated that year-to-date sales are 3,400, but he is not sure what the number is for last year. He said that the Utah housing market hit the bottom in December of last year, and it is continuing to go up. He asked that the Association Realtors be involved in any discussions that would affect the housing in Utah County.

Mrs. McCandless mentioned that a resident recently came to a City Council meeting and said that she purchased a home thinking she could rent out her illegal basement apartment, and she was hoping for some kind of relief. Mrs. McCandless indicated there is a place on Orem’s website that lists all the legal accessory apartments that realtors can use to inform their clients. She stated that it was heartbreaking to see her situation. Mrs. McCandless then asked what discussions the realtors would like to be involved in.

Mr. Oldroyd provided a summary of the main points they would like to be involved in the discussion over such as land use, sign ordinances, and landscaping requirements.

Mr. Seastrand asked what the City could do better to help the agents know what the Orem ordinances are so the buyers have a good experience.

Mr. Oldroyd responded that Mrs. McCandless gave a great example. It looks like something fell through the cracks both on the seller’s side and the buyer’s side.

Chris Nichols indicated there was a lapse there, whether it was on the side of the buyer or the agent. He said Mr. Oldroyd sends out a weekly message to the Utah County realtors, and perhaps the next one could include information about the website list.

Mr. Seastrand wondered how door-to-door sales impact realtors. Mr. Oldroyd replied he is not aware of many realtors who are going door-to-door. This is just one of those examples where the government can impede business opportunities, and the realtors just want to know the restrictions involved.

Mayor Washburn clarified that the requirement for a solicitor’s license for door-to-door sales would not include realtors.

Dora Shornfield said it is her understanding that people could not put fliers on doors.

Mayor Washburn said he would check into that and get back with Mr. Oldroyd.

Ms. Shornfield then asked what is happening with the Midtown project. Mr. Reams explained that all of the financial players are waiting for someone to make the first move. The City has been meeting with them to look at options. The financial group, which involves forty-five banks, will be meeting in SLC next month to discuss those options.

Don Housekeeper asked whether Orem has rehab loans available for distressed areas, and Mr. Reams responded that there are grants available through federal HOME funds. He noted that those funds are based upon the age of the home, and Provo’s home stock is much older than Orem’s, so they receive substantially more money than Orem does.


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



APPOINTED STAFF Jim Reams, City Manager; Jeff Pedersen, Assistant City Manager; Paul Johnson, City Attorney; Richard Manning, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Karl Hirst, Recreation Director; and Donna Weaver, City Recorder

Point of Personal PrivilegeJim Reams, City Manager, acknowledged that it was Mayor Washburn’s birthday. The audience was invited to sing “Happy Birthday” to him. Mayor Washburn then had his grandchildren that were in attendance help him blow out the candles on his birthday cake.

INVOCATION / INSPIRATIONAL THOUGHT Andrew Smith

PLEDGE OF ALLEGIANCE Sebastian Ruder

APPROVAL OF MINUTES

City Council Meeting of October 28, 2008Mrs. Thurston moved to approve the minutes of the October 28, 2008, meeting of the Orem City Council. Mrs. Black seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. 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 Washburn recommended Sandra Witt to serve on the Senior Advisory Commission.

Mrs. Thurston moved to appoint Sandra Witt to serve as a member of the Senior Advisory Commission. Mr. Dickerson seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

Recognition of New Neighborhoods in Action OfficersMrs. Johnson indicated there have been changes in some of the eastern neighborhoods. David Cherrington, who has been there since the beginning of the program, has stepped down. Karen Thorn has agreed to be the chair in the interim for the Cascade Neighborhood. They have also reorganized the Scera Park North & Scera Park South Neighborhoods. Shelly Parcel is the chair for the Scera Park South and Paul Overson is chair of the Scera Park North Neighborhood.

Mrs. Johnson then invited everyone to attend the November 24th “Lights On” ceremony.

REPORT – Victim Advocates

Renee Flitton, Cecilia Zambrano, and Julie Summers, victim advocates, presented the following 2008 statistics (January through October):

Victims Assisted:Domestic Violence 440Sexual Assault 50Stalking/Harassment 109Elder Abuse 5Child Abuse 72

Services Provided:Criminal Court Support 1,899Attend court with victim 88Victim right information 194Assist with restitution 20Victim impact statements 67Protective orders/no contact 142Stalking injunctions 44Safety plans 372Crime victim reparations 94Call outs 26Assisted with Officer 108Office visits with victims 273


The Council expressed their appreciation for the services of the victim advocates.

REPORT – Commission for Economic Development in Orem (CEDO)

Brad Whitaker, Director of CEDO, and Tim Christensen, Chairman of the Board, provided an overview of what CEDO is doing. Mr. Christensen stated they are within budget, and they are doing their best to make sure they help to further business in Orem. The board consists of Chris Dexter, Bill Talbot, Randy Park, and Dean Dickerson, City Council liaison. Interim President Hitch, Utah Valley University (UVU), has been serving with them also. They recently had a board member move his business to Pleasant Grove, so they have one vacancy. Mr. Christensen said part of the stewardship is to oversee the revolving loan. CEDO received $1.6 million in funding. That has been paid off and recirculated a number of times. They have given out more than $9 million in loans to Orem businesses, which has created over 2,700 new jobs.

Mr. Whitaker noted they have received a $1.5 million grant to build a one-stop-shop at UVU. It will be located on the southwest corner of the university. He said Orem has a vibrant retail community. There have been some changes including some vacancies, but many of those have been filled. He reviewed the status of many businesses in Orem, which included Kohl’s, Sears Outlet, Sunflower Market, and Canyon Park Technology Center.

Mayor Washburn noted that there are now more people working at Canyon Park than when Word Perfect was there. He declared that CEDO is a great organization, and many jobs have been created because of them.

Mrs. Black asked about the timeline for construction of the new CEDO building. Mr. Whitaker indicated it could take two years to complete.

PROCLAMATION – Silver Star Day – May 1, 2009Mayor Washburn read a proclamation for Silver Star Day – May 1, 2009.

Mayor Washburn noted he attended a Veterans Program on Saturday at the SCERA. The program featured the father of a young man killed in Afghanistan. The father commented that veterans are recognized once a year, but their families remember them every day. Mayor Washburn acknowledged that many of the young people in attendance at the City Council meeting in scout uniforms will be in the uniform of this nation in only a few years.

Mrs. McCandless moved to proclaim May 1, 2009, as Silver Star Day. Mr. Seastrand seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. 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.

Sheryl Jacob, resident, expressed concern with the access to Charman Trailer Park. She stated she has lived there for over two years, and it has not been an issue until recently. It is difficult to


turn into the trailer park because traffic is following too close behind them. There has been an increase of people parking on the street to the north, which has caused most of this problem. She requested the City paint the curb red in order to make this safer.

Mr. Reams responded that staff is aware of the problem, and they will coordinate with the Utah Department of Transportation (UDOT) to try to solve this problem.

Kent Anderson, resident, asked for an update on the Midtown Village development.

Mr. Reams explained that the developer and the financial backers are meeting and discussing options with the builder in December. There is an item on the agenda today, which will give the consortium of banks time to meet and develop their strategies.

Adam Goodman, resident, said there were two significant criminal activities in the Cherry Hill Park in the last year or so. He asked whether there is a plan to increase law enforcement in the neighborhood and what neighbors can do to help.

Mr. Reams noted the Department of Public Safety is very aware of the problems. He will follow up with Public Safety and have them share their plans with the neighbors.

CONSENT ITEMS

Mrs. McCandless moved to approve the following consent item. Mr. Dickerson seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

MOTION – Cancel the November 25, 2008, City Council Meeting

SCHEDULED ITEMS

6:15 P.M. PUBLIC HEARINGORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Changing the Zone on Property Located Generally at 1500 North 600 West from R8 to C2

Stanford Sainsbury, Development Services Director, presented a Planning Commission recommendation that the City Council, by ordinance, amend Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by changing the zone on property located generally at 1500 North 600 West from R8 to C2.

The Orem General Plan land use designation of the subject property is Community Commercial and the zones that implement this land use classification include the C2 zone. The applicant requests the City change the zone on approximately 0.82 acres of vacant property from R8 to C2, which is consistent with the Orem General Plan.

The subject property is bordered on the north and east by the C2 zone and on the south and west by the R8 zone. The only access to this property is from State Street to the east, through two existing mobile home parks: Charman Mobile Manor and Pleasant Glen Vista. There is no


possible access to this property from the west or south through existing residential developments. Once the zone is changed, the vacant parcel can then be used to expand the existing mobile home park. The current zone (R8) permits only single-family residential development.

The applicant is planning to submit a site plan proposal to the City at a later date if the Council approves this request.

Section 22-18-9 of the Orem City Code reads:

Any mobile home park in the C2 zone which, was approved prior to 1985, may expand both in area and number of units. The expansion area may not exceed fifteen percent (15%) of the site plan as documented on the City’s aerial photograph of September 23, 1987. The gross density of the mobile home park shall not exceed eight (8) units per acre.

Advantages: Will provide additional low-income housing opportunities Allows development of a parcel with the most appropriate use

Disadvantages: Expands the C2 zone farther into an R8 neighborhood

Mayor Washburn asked how the property could be developed if it remained zoned R8. Mr. Sainsbury explained that there is no access from the residential zone, so the only access would be through the park. It would be very difficult to remain a residential zone because of the accesses.

Mrs. McCandless clarified that this property is designated commercial in the General Plan.

Mrs. Thurston asked about a small piece of the property, and Mr. Sainsbury replied that there would be room for a driveway. Any commercial development next to commercial is required to put in a seven-foot masonry wall.

Mrs. McCandless asked whether they would require the seven-foot masonry wall on the area that is zone R8. Mr. Sainsbury stated that in looking at it from a site plan perspective, it would have to be a part of the whole project.

Mayor Washburn opened the public hearing. When no one came forward to speak, Mayor Washburn closed the public hearing.

Mr. Seastrand moved, by ordinance, to amend Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by changing the zone on property located generally at 1500 North 600 West from R8 to C2. Mrs. Black seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

Mayor Washburn asked whether any of the Councilmembers were concerned with the setbacks. The Council concurred that the setbacks were fine.


6:15 P.M. PUBLIC HEARINGORDINANCE – Amending Section 22-11-27(O)(1) Area C (4) of the Orem City Code as it Pertains to Covered Decks in the PD-15 Zone

Mr. Sainsbury presented a Planning Commission recommendation that the City Council, by ordinance, amend Section 22-11-27(O)(1) Area C (4) of the Orem City Code to allow covered decks to encroach into the required rear setback of the PD-15 zone located generally at 800 South Sleepy Ridge Drive.

Highland Homes requests the City allow dwellings in Area C of the PD-15 zone to have decks and/or covers over them to extend no more than eight feet into the required rear setback when adjacent to a public street or property not part of the PD-15 zone. Area C consists of attached homes. The proposal means that decks/covers could be within twenty-two feet of the street or rear property line. The current setback from public streets and property outside the PD-15 zone is thirty feet.

The zone adjacent to the PD-15 zone is the R8 zone. The R8 zone requires a minimum of twenty-five feet for rear setbacks and does not permit decks with covers to encroach into the required setback.

Staff feels decks and covered patios in Area C of the PD-15 zone enhance the attached structures by giving them more variety in relief and building elevations. Since most of the public streets and rear yards adjacent to properties not part of the PD-15 zone are adjacent to wetlands, open space, and church properties, the proposal has a minimal negative effect. There is a difference of three feet in favor of the PD-15 zone when compared to the R8 zone with respect to how far a covered deck can encroach into the required rear setback.

The proposed ordinance is as follows:

22-11-27(O)(1) Area C (4) Porches and decks and roofs covering porches and decks may project up to eight (8) feet into the required front or rear setback* when such porch or deck is adjacent to a public street or any property not part of the PD-15 zone.*Decks shall not encroach into the front setback.

Mayor Washburn opened the public hearing. No one came forward, so Mayor Washburn closed the public hearing.

Mrs. Black moved, by ordinance, to amend Section 22-11-27(O)(1) Area C (4) of the Orem City Code to allow covered decks to encroach into the required rear setback of the PD-15 zone located generally at 800 South Sleepy Ridge Drive. Mrs. Thurston seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

6:30 P.M. PUBLIC HEARING


ORDINANCE – Amending Section 14-1-3 and the Sign Zone Map of the Orem City Code for Property Located Generally at 400 West University Parkway from Sign Zone C to Sign Zone B

Mr. Sainsbury presented a Planning Commission recommendation that the City Council, by ordinance, amend Section 14-1-3 and the Sign Zone Map of the Orem City Code by changing the sign zone for property located generally at 400 West University Parkway from Sign Zone C to Sign Zone B.

Sign zones are used to regulate the type and size of freestanding signs in specific areas of the city. Freestanding signs consist of two types: freestanding pole signs and freestanding monument signs. The size, height, and location of freestanding signs are determined by the specific sign zone in which they are located. The north half of the applicant’s property is in Sign Zone C; the south half is in Sign Zone D. Since the south portion of the applicant’s property is in a residential zone (R8), it is by default assigned to the Sign Zone D. Sign Zones A, B, and C permit freestanding pole signs; Sign Zone D does not.

In Sign Zones A and B, the height and area of a sign is determined by lineal street footage. In Sign Zone C, however, the height and area of the sign are determined by the distance the sign is placed from the right-of-way line; the greater the distance from the right-of-way line, the taller and greater in area the sign can be.

The applicant’s property is somewhat unique compared to other properties along University Parkway. The University Parkway right-of-way line is forty-five feet from the back of the sidewalk, which means that signage has to be located at least forty-five feet back. Another requirement of Sign Zone C is that a freestanding pole sign shall be setback from the property line a distance at least equal to the height of the sign, which poses an additional hardship for this particular parcel that other properties along University Parkway do not experience.

Designating this property as Sign Zone B allows the owner to install a freestanding pole sign at their property line, which will still be no closer than forty-five feet from the sidewalk.

Advantages: Allows a freestanding pole sign height to be similar to other signs along University

Parkway because it can be located no closer than forty-five feet to the sidewalk along University Parkway

Allows the sign to be located away from the building and visible to both directions of vehicular traffic along University Parkway

Disadvantages: If University Parkway is widened in the future, the sign zone for this property will be

different from the sign zone of other parcels along University Parkway between 400 West Street and 200 East Street

Mr. Seastrand asked whether they could place signs on the adjacent street. Mr. Sainsbury replied it applies to any street by it, but he does not see a problem with allowing them.


Mayor Washburn asked whether the Council could specify the signs could only go on University Parkway, and Mr. Sainsbury explained they could not do that tonight as this is just a request to apply the sign zone not to rewrite the language of the zone.

Mr. Seastrand questioned whether this could interfere with the future Bus Rapid Transit (BRT) plans. Mr. Sainsbury indicated there will be some widening; however, he could not remember whether it would affect this piece of property.

Mr. Seastrand then wondered whether Sign Zone B allowed the electronic motion signs. Mr. Sainsbury advised that it does.

Mike Whimpey, Central Utah Water Conservancy District (CUWCD), stated they have a garden at this location, and as they have advertised for events the best advertisement has been hanging banners on the fence. It gets very expensive to print up the banners, so the bottom half of the sign would be an LED reader board sign.

Mayor Washburn opened the public hearing, but no one came forward. Mayor Washburn closed the public hearing.

Mr. Dickerson moved, by ordinance, to amend Section 14-1-3 and the Sign Zone Map of the Orem City Code by changing the sign zone for property located generally at 400 West University Parkway from Sign Zone C to Sign Zone B. Mr. Hernandez seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

RESOLUTION – Consideration for Adoption of a Resolution Authorizing the Issuance of an Interim Warrant in Exchange for Interim Warrant No. 27, Issued on September 30, 2008, to Change the Maturity Date from December 1, 2008, to December 31, 2008; Authorizing the Execution and Delivery of Such Warrant by the Mayor and City Recorder; and Related Matters

Jim Reams, City Manager, presented a staff recommendation that the City Council, by resolution, authorize the issuance of an interim warrant in exchange for Interim Warrant No. 27, issued on September 30, 2008, to change the maturity date from December 1, 2008, to December 31, 2008; authorizing the execution and delivery of such warrant by the Mayor and City Recorder; and related matters.

The Special Improvement District (SID) has been used to fund the public parking portion of the Midtown Village Project. This resolution authorizes the refunding of the interim financing for the project and the issuance of new warrants. This action will provide additional time for the developer and the financial partners to discuss finance options. These new interim warrants will be due by December 31, 2008.

The consortium of banks that financed the Midtown project will be meeting in early December to discuss their options, which include:

Paying off the note, or


Paying annual assessments after the City obtains long-term financing to retire the interim warrant obligations

Laura Lewis, the City’s financial advisor, has obtained a commitment for long-term financing if that option is necessary.

Mayor Washburn asked whether there was any potential downside. Mr. Reams indicated that the commitment for the long-term bonds has alleviated the concerns he had.

Mr. Dickerson inquired whether the City would be out of this if the banks purchase the interim warrants next month. Mr. Reams advised that they would not sell them the interim warrants but have them purchase the facilities for the amount of the interim warrants. As long as they are willing to make the improvements in conjunction with the property owners, the City can take the proceeds from the sale to pay off the interim warrants.

Mrs. McCandless moved, by resolution, to authorize the issuance of an interim warrant in exchange for Interim Warrant No. 27, issued on September 30, 2008, to change the maturity date from December 1, 2008, to December 31, 2008; authorizing the execution and delivery of such warrant by the Mayor and City Recorder; and related matters. Mrs. Black seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

COMMUNICATION ITEMS

There were no comments on the communication items.

CITY MANAGER INFORMATION ITEMS

Mr. Reams provided the following information to the Council: A brief summary of pending legislative issues Christmas service activities

o Share the Season Theme of the upcoming newsletter

Economic Report from Commerce CRG Neighborhoods in Action - Lights On Program City Budget

o Recently finalized the account for FY2007-2008 All but one of the funds ended the year in stronger financial condition than

they began them That does not offset the concerns with the decrease in sale tax

revenue for this year

Mayor Washburn noted it has been the City’s practice to overstate anticipated expenditures and understate anticipated revenue when compiling the budget. He expressed appreciation to staff for working to balance the budget.

ADJOURNMENT


Mr. Dickerson moved to adjourn the meeting. Mr. Seastrand seconded the motion. Those voting aye: Mrs. Black, Mr. Dickerson, Mr. Hernandez, Mrs. McCandless, Mr. Seastrand, Mrs. Thurston, and Mayor Washburn. The motion passed unanimously.

The meeting adjourned at 7:23 p.m.

Donna R. Weaver, City Recorder

Approved: December 9, 2008


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