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Show from The City Hall Page 6 Times Newspaper Wednesday, March 31, 1999 Council takes action on zoning issues The Orem City Council took action March 23 on separate issues is-sues involving a question on multi-family housing and condominium condo-minium development in the student stu-dent housing overlay zone. Multi-family housing The council appeared to empathize empa-thize with applicant Anne Kendall, who was requesting that the Orem City Code be amended to provide an exception for multi-family housing under the Planned Residential Development Devel-opment (PRD) ordinance. Kendall told the council she would like to build a four-plex as an investment on land owned by her family. The neighboring structures are multi-family housing. hous-ing. Under the current zoning laws, Kendall could divide the property into two lots and put accessory ac-cessory apartments in the basements base-ments of single family homes, but could not build a four-plex. Kendall said the laws are blocking out a segment of citizens who would prefer not to live in someone else's basement or in a large complex. Another citizen, Kathy Simkins, was at the meeting as well and Councilwoman Judy Bell said she had reviewed Simkins' situation and found it to be as compelling, or more so, Orem adjusts A person still cannot purchase beer in Orem on Sunday, even as a drink with dinner, but can buy harder liquor. The Orem City Council voted 6-0 March 23 to amend the city code to bring it into closer compliance com-pliance with state laws and to more fully exert the city's authority author-ity in licensing and enforcement. City Attorney Paul Johnson explained to the council that the proposed revisions maintain the prohibition on the Sunday sale of beer, but city law must defer to state law in the case of establish-' ments licensed to sell liquor by the state. "They (the state) trump us," Johnson said. Previously, the city ordinance only required a city license for the retail sale of beer for consumption con-sumption off-premises, as in the case of convenience stores. The amended ordinance requires that sellers obtain a license from the city for that category, plus four others: retail sale of beer in restaurants, res-taurants, retail sale of beer in taverns, sale of beer for single events lasting 72 hours or less (concerts, festivals), and retail sale of liquor for consumption on-premises. on-premises. The legal staff believes that since the city is responsible for enforcement of alcohol laws, it Council grants permit The Orem City Council voted unanimously March 23 to approve ap-prove a conditional use permit to allow one employee not residing at the home to work in a home occupation, Tour West, at 506 North 900 East. The request for the conditional use permit came from Susan Harding. Development Services Director Stan Sainsbury presented facts about the business to the council. coun-cil. Tour West is a white water rafting company that runs raft trips in Utah, Arizona, and Idaho. Sainsbury said the Tour West business will generate only minimal traffic to the home beyond be-yond what is normally generated because all tours and services are provided elsewhere, and only reservations res-ervations and general bookkeeping bookkeep-ing are handled at the home. Councilman Bill Peperone asked Sainsbury if it was his opinion that the business complies com-plies in every way with city ordinance ordi-nance requirements. Sainsbury responded, "Yes." Councilwoman Judy Bell asked Dennis Harding, who represented rep-resented the applicant, about the number of cars parked at the home. Harding jokingly termed the situation "a teen-age car crisis", cri-sis", and confirmed that clients of the business do not come to the home. . Peperone moved for approval of the conditional use permit, a motion seconded by Bell. The vote was 6-0. than Kendall's. Simkins said families like smaller developments, and she asked for the council's help to make changes so isolated lots can develop like those around them. Bell said the concerns and points of the women were valid, but suggested that in place of the requested action, the R-l-5 zone be studied instead to see how it could be amended with standards stan-dards so parcels would not be opened up to blanket approval throughout the city, but could be considered on a case-by-case basis. ba-sis. Amotion to that effect passed a council vote. Development Services Director Stan Sainsbury suggested the council hold a work session to consider various options, so that city staff has some direction on " what changes the council would like to make for the R-l-5 zone. Condo development In a 5-1 vote, the Orem City Council decided to allow condominium condo-minium development in the student stu-dent housing overlay zone. Applicant Paul Washburn told the council that when the student stu-dent housing overlay zone was established, there were different construction standards for condominiums condo-miniums and apartments, and its liquor laws makes sense that it should have regulatory authority. Licensing requirements will take effect beginning be-ginning with the new fiscal year July 1. Enforcement procedures were also streamlined by the ordinance ordi-nance amendments. Previously, city code required a system of bond posting and forfeiture with appeals to a hearing board. In reality, the appeals board was not staffed and no appeals were heard. Retailers were also resistant resis-tant to the bond posting. The new law has a simplified system of warnings and fines, with appeals to be handled by the police chief and the city manager. The revised ordinance also makes the hours of sale for liquor identical to those established by state law. Hours for beer sales remain the same; sales are prohibited pro-hibited between 1 a.m. Sunday and 7 a.m. the following Monday and between the hours of 1 a.m. and 7 a.m. Tuesday through Saturday. Sat-urday. Johnson said convenience stores selling to underage drinkers drink-ers is a "primary problem" for law enforcement in Orem. In compliance compli-ance testing operations, one outlet out-let "has sold to us the last three times we've gone," Johnson said. "House-cleaning" measures ' the revised law addresses include establishing a prohibition for minors being on the premises of a club and a provision prohibiting prohibit-ing alcohol consumption outside a drinking establishment. Those changes should assist with law enforcement, Johnson said. One issue that the new ordinance ordi-nance does not address is the enforcement problem that occurs when a business "mixes" minors and alcohol, like at a bowling alley. al-ley. Most cities, Johnson said, separate regulated and unregulated unregu-lated activities because of the difficulties associated with keeping keep-ing beer from minors, but Orem decided not to deal with the issue is-sue "at this time." Grocery store owner Steve Allen appeared before the council coun-cil to express his concerns about reducing the time period for violations vio-lations that would result in a store losing its license from 24 months to 12 months. He said ' that his store trains employees well, but if they sell alcohol to minors for whatever reason, the employer is "dinged". Multiple lanes at a grocery store make the retailer more at risk than a convenience con-venience store owner, Allen said. But Johnson said that while it may be true that a grocery store has more employees to train, the city's enforcement problems are mostly not with the grocery stores, but with convenience stores. "In reality, we don't catch , Mr. Allen's people," Johnson said. - Councilman David Palfreyman said he liked the process that had been outlined and he felt it was "bending over backward to be fair," the council had the discretion to decide such issues as parking requirements. re-quirements. There is more uniformity uni-formity in requirements now, he said. Before the March 23 changes, the' city's ordinance prohibited condo ownership in the student housing overlay zone, required 90 of all units to' be occupied by students, and made student housing project owners responsible respon-sible for ensuring the 90 ratio. The new ordinance allows condo ownership in the zone; requires re-quires an association of unit owners own-ers to enforce the 90 occupancy requirement; requires the condominiums' condo-miniums' covenants, conditions, and restrictions and the by-laws . to include a statement of the 90 student occupancy requirement and provisions for enforcement; requires a copy of those covenants cov-enants and by-laws to be submitted submit-ted with a final plat application; and requires the final plat to contain con-tain an occupancy restriction notice, no-tice, stating the 90 student occupancy oc-cupancy requirement. Washburn said he could not find another city in the state that had a prohibition against condo ownership, and that "condo-ization" "condo-ization" would allow another option op-tion "to make financing happen". Councilwoman Bell said the reason for the student housing overlay zone was to create student stu-dent housing and rental units. The maximum density for condominiums condo-miniums is 16 units to the acre; for student housing it is 26 units to the acre. "What we need is rentals," she said. Washburn said 26 student units per acre could not be done. With all the other requirements of parking and landscaping, only about 16 or 17 "fit", he said. However, How-ever, significant advantages accrue ac-crue to owners if they are able to title the units "condominiums". Washburn noted that "there are no more militant groups alive than homeowners' associations", who will protect the status of their student housing investment. invest-ment. Councilman Steve Heinz said that by approving the proposal, the city would "gain enforcement" enforce-ment" of the 90 student tenant ratio, and would just have a "different "dif-ferent type of ownership" of the same building that would have been constructed anyway. The 1.5 parking stalls per bedroom standard would still apply. Councilman JosephAndersen, a university student, said he favored fa-vored the proposal because it would help "take the burden off of Provo" in meeting the student ' housing needs of the community. Bell cast the dissenting vote, saying that she was still "uncomfortable" "uncom-fortable" with the proposal. Easter at the Marriott Come to the Provo Marriott for our special Easter Buffet 10:00 am-2:00 pm ' Sunday April 4th, 1999 Carved Baron of Beef Baked Ham with Pineapple & Raisins Sweet & Sour Chicken ' Chilled Shrimp ; , 'Whipped Potatoes' r '.'"'' Vegetables . Fresh Salads & Breads Scrumptious Desserts , Adults $17.95, Seniors $14.95 Chiidrcn 6-12 $7.95, Under 6 Free 370-3528 ioi ten ioo North Reservations Recommended fm Public hearings set Two public hearings to con sider zoning issues were recently scheduled by the Orem City Council for April 13, 1999. A hearing set for 6:15 p.m. that evening will consider the request of Brian Capt to rezone property in the vicinity of 505 West 2000 North from R-l-8 to R-l-5. With the zoning change, the applicant seeks to subdivide .87 acres of land at the site into five singleT -family lots with a sublocal street. A second hearing, also set for 6:15 p.m., will consider whether or not to amend the Orem City Code to allow professional office zone uses to be added to the PD-4 PD-4 zone. The PD-4 zone is in place at 800 North 800 East and was created, according to background materials in the city council agenda, "to provide a location within the neighborhood where a shopping center could be developed." devel-oped." The zone incorporates specific spe-cific standards with requirements require-ments for building setbacks, exterior ex-terior finish materials, and masonry ma-sonry wall height. Otherwise, standards of the PC-2 zone apply. ap-ply. Since the PD-4 zone was created, cre-ated, the city council has created the professional office zone, mainly for the future development develop-ment of 800 North, to act as a buffer with residential properties. proper-ties. The applicant is requesting that the uses allowed in the PD-4 PD-4 zone be amended to include those allowed in the PO zone because-the PO zone was established estab-lished to be an appropriate zone next to residential areas. The proposal comes with a recommendation recom-mendation for approval from the Orem Planning Commission. A third proposed public hearing hear-ing was withdrawn by the applicant. appli-cant. The hearing would have considered amending the Orem City Code to establish develop-, ment' standards for the PD-17 i zone. ; - Blitz funding approved A .transfer of $5,000 from the Orem City Council contingency fund was authorized by the council coun-cil March 23 to pay for improvements improve-ments to Windsor Park during the upcoming Blitz, an annual neighborhood revitalization event in the city. The Windsor I Neighborhood, from State Street to 400 East and 800 North to 1200 North, is targeted tar-geted for the Blitz effort this year. Local park improvements have become part of the tradition of the clean-up over the past several sev-eral years, but Windsor Park is located outside of the Windsor I Neighborhood boundaries and is not eligible for federal funds. The $5,000 transfer from the city council, then, is intended to pay for materials that will be used by Blitz volunteers for the Windsor Park improvements. Sunday J: Crossing guard okayed for Orem Elementary intersection Students attending Orem Elementary El-ementary School from the southeast south-east quadrant of a one square mile boundary area should have a safer walk to school as the Orem City Council voted 6-0 March 23 to authorize a crossing guard at 500 South 400 West. Two existing crossing guards already help students from the southwest and northeast quadrants quad-rants to cross streets in front of the school. The city's Public Works Department De-partment and Public Safety Department De-partment jointly recommended the addition of the crossing guard and the installation of a reduced speed zone and school crossing at the 500 South 400 West location. The annual cost to the city of the crossing guard's salary is $6,500. The council heard from a number num-ber of concerned parents, who said their children's walk has been so dangerous that they have driven them to school even though they live within walking distance. Principal Kim Roper presented a petition signed by patrons of the school in favor of having the additional crossing guard. Roper said a student was hit at thafour-way thafour-way stop at 400 West and 400 South in December. Monte Burke, 360 West 550 South, termed the 400 South400 West intersection "pretty scary". ' He said he was "shocked to see the things that have happened there." Other drivers, he said, don't want him to wait. fi ii nv riii it i w t Public Notice Advertising Protects I Your Right To Know REQUEST FOR PROPOiSAy LEGAL NOTICE CITY OF OREM REQUEST FOR PROPOSAL The City of Orem is requesting proposals from responsible firms or individuals for professional profes-sional services in Cleaning Clean-ing and Sealing the brick on the outside walls of the Old Library Li-brary and City Center . buildings located at 56 North State St. Orem, Utah. Contact Mr. Dennis Den-nis Houghton, (801) 229-7020 229-7020 for appointments to inspect and question. concerning this project. The selected supplier will be required to meet City insurance coverages cover-ages while performing any project related activities ac-tivities while on City owned property. Question Ques-tion concerning the content con-tent of this request should be directed to the Office of Purchasing, 56 ' North State St. Orem, Ut. 84057. (801) 229-7131 229-7131 during regular business hours. Proposals will be received re-ceived by the above listed office until 3:00 . NOTICE OF INTENT The Orem City Council Coun-cil declared the need to establish a Special Service Ser-vice District for Street Lighting at the City Council meeting held on February 23, 1999, by adoption of Resolution . No. R-99-0009. Special Service District Dis-trict Boundary The Special Service District shall include all real property located in the City of Orem, including includ-ing any real property annexed an-nexed into the City of Orem in the future. fee for street lighting services. -. Improvement Districts included within the Spe-' cial Service Distrfct " .The City of Orem has. established municipal . improvement districts to provide street lighting in various locations ' throughout the City of Orem. The areas in-pluded in-pluded in these municipal munici-pal improvement districts dis-tricts shall be included in the special service dis-. trict. Properties within the municipal improvement improve-ment districts will continue con-tinue to receive the same lighting service at the same cost until the scheduled termination date of their respective municipal improvement district. When a munici-. pal service district terminates, ter-minates, the properties will continue to receive street lighting through the special service district. dis-trict. The existing mu-nicipal mu-nicipal improvements districts include Special Improvement Lighting Districts numbered 16, 18, 19,36,37, 38,39,40, 41, 43, 47, 48, and 49. J Protests Any interested person per-son may protest the establishment es-tablishment of a special service district. Protests may be made: (1) orally or in writing at the public pub-lic hearing scheduled for such input, (2) any time prior to the public hear-" ing, or (3) within 15 days after the conclusion of ' the public hearing. Protests Pro-tests before or after the of! vided ;: The special service district shall (1) purchase, pur-chase, install and maintain main-tain street lights, poles and fixtures, (2) install and maintain the conduit con-duit and wiring needed to operate the streets lights, (3) pay for the electricity required to operate the street lights, (4) collect fees to pay for the street lighting, and (5) administer all aspects as-pects of the street lighting light-ing program. The special spe-cial service district may contract with other entities enti-ties to provide some or all of these services. and Charges Imposed Taxes may be annually annu-ally levied upon all taxable tax-able property within the . special service district. Fees and charges may be imposed to pay for all or a part of the services to be provided by the spe- . cial service district. It is currently the intent of the Orem City Council to impose a public hearing "The few cautious parents can't make a difference in that situation," situa-tion," Burke asserted. He said the cost of a crossing guard is a "nominal expense" compared to "astronomical" litigation costs. Councilwoman Judy Bell said she observed vehicular and pedestrian pe-destrian traffic at the school one-half one-half hour before the beginning of class and one-half hour after dismissal. dis-missal. "This is needed," she said of the crossing guard and reduced re-duced speed zone designation. ... Councilman Steve Heinz noted that the city had previously required re-quired that the southwgst corner of the property on the northwest of the intersection be cut to provide pro-vide more visibility for drivers. "I would like to see that addressed," ad-dressed," he said: It is a rough road that leads to the heights of greatness. Lucius Annaeus Seneca Conceal a flaw, and the world will imagine the worst. Martial The very spring and root of honesty hon-esty and virtue lie in good education. edu-cation. Plutarch p.m., Thursday, April 8, 1999. Proposals submitted submit-ted after this deadline will be rejected. Proposals Propos-als will then be reviewed by City staff and those ( best meeting the needs of the City will be contacted con-tacted for further action. The City of Orem reserves re-serves the right to accept or reject any or all proposals pro-posals or any part of any proposal if it be deemed to be in the best interests of the City to do so. ' 11070 Published in the Orem-Geneva Times March 31, 1999. submitted to the City Recorder's Office at 56 North State Street, Room 101, Orem, Utah 1 84057, during regular ... office hours, Monday . through Friday, from 8:00 a.m. to 5:00 p.m. " Public Hearing i A public hearing has been scheduled to receive re-ceive input regarding the Orem City Council intent to establish the Special Service District for Street Lighting ofi Tuesday, April 13;, 1999 at 6.15 p.m. in the Orem City Council Chambers located in the Orem City Center, 56 North State Street, Orem, Utah. . Publication nflSToiirf-of nflSToiirf-of Intent . . This Notice of Intent will be published in the Orem Geneva Times on Wednesday, March 17, 1999, Wednesday, March 24, 1999, and Wednesday, Wednes-day, March 31, 1999. THE PUBLIC IS INVITED TO PARTICIPATE PAR-TICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special spe-cial accommodation to participate in the City Council Meet-, ings, please call the City Recorder's Office at least 3 working days prior to the meeting. (Voice 229-7074) 229-7074) (TDD 229-7035) 229-7035) .. 11067 Published in the Orem-Geneva limes, March 17, 24, " and 31, 1999. should be POOR CO I. |