Orem council splits on Smiling Faces day care permit at 410 South Main Street, continues item to July 14
June 30, 2020 · Held electronically (56 North State Street, Orem)
A motion to approve a conditional use permit for a 100-child day care at 410 South Main Street failed 1-3 with two abstentions, and the council then continued the item to July 14 on a 3-3 council split that Mayor Richard Brunst broke. The council also accepted an annexation petition for 1.861 acres, amended the fiscal 2019-20 budget and updated storm water rules.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
| Item | Result |
|---|---|
| Conditional use permit for Smiling Faces day care at 410 South Main Street | Continued · 3-3 |
| Annexation petition: Cache Park Addition, 1526 South 1250 West | Approved · 6-0 |
| Storm water rules: manage 80th percentile storm on site | Approved · 6-0 |
| Fiscal year 2019-20 budget amendments | Approved · 6-0 |
| Interlocal agreement with Utah County for Coronavirus Relief Fund money | Approved · 6-0 |
| Consent: Mayor Pro Tem and Recreation and Library retention schedule | Approved · 6-0 |
| Closed meeting for city manager evaluation | Approved · 6-0 |
| Neighborhood plans and fraud risk assessment (work session) | Discussed |
| City manager updates (work session) | Discussed |
Agenda, item by item
Item 9.2 · Development
Conditional use permit for Smiling Faces day care at 410 South Main Street
Continued · 3-3
The operator of an existing day care nearby wants to move the whole business to this R8 zone site, which sits on two collector streets, with no site changes. A traffic study found 24 stalls needed for 100 children and 26 available including on-street spaces, with one stall reserved for backing. The Planning Commission recommended approval with seven conditions: legal parking only, drop-off signage, a back-up stall, a 100-child cap for both buildings, two ADA stalls, pick-up and drop-off in the lot, and no more than ten drop-off vehicles per ten minutes. Deputy City Attorney Steve Earl said state law limits the council's discretion on conditional use permits. Written comments from neighbors, heard at the request of Council Members Tom Macdonald, Debby Lauret and Brent Sumner, raised concerns about drop-off queues on Main Street and 400 South, narrow streets, nearby intersections, the size and fencing of the play area, whether neighbors were notified, and employee parking on the street; one adjoining owner supported a day care use but questioned the parking plan. Mayor Brunst moved approval with the seven conditions plus red-lining two Main Street stalls. It failed; the council then voted to continue the item to July 14.
- Applicant: Smiling Faces
- Zone: R8
- Capacity: up to 100 children
- Planning Commission: recommended approval with seven conditions
- Vote to approve: 1 yes (Lauret), 3 no (Peterson, Spencer, Sumner), 2 abstain (Macdonald, Lambson); mayor voted yes
Item Scheduled · Annexation
Annexation petition: Cache Park Addition, 1526 South 1250 West
Approved · 6-0
Planning Division Manager Jason Bench said a petition was filed June 18 to annex 1.861 acres. Accepting it starts a 30-day review by the recorder and attorney, then notice and a protest period; if no protest is received, a public hearing would decide annexation and zoning.
- Acres: 1.861
- Action: petition accepted for further consideration
City code
Storm water rules: manage 80th percentile storm on site
Approved · 6-0
Public Works Director Chris Tschirki said state HB 226 and the city's discharge permit now require developments disturbing an acre or more to retain and infiltrate rainfall up to the 80th percentile storm, about 0.5 inch for Orem, instead of the city's 25-year-storm design with a 60 gallons per minute per acre release limit. The ordinance amends Sections 23-4-8(7)B and 23-2-1.
Item Public hearing · Budget
Fiscal year 2019-20 budget amendments
Approved · 6-0
The amendments include grants, moving general fund reserves to the Capital Projects Fund to meet the state limit on general fund balance and fund projects, interest on unspent 2019 G.O. bond funds, debt service surplus for the final Northgate SID bond payment, and IT fund surplus for two projects. No one spoke.
- BudgetAmount not given
Contract
Interlocal agreement with Utah County for Coronavirus Relief Fund money
Approved · 6-0
The agreement memorializes county disbursement of federal CARES Act relief funds to Orem. The city agrees to spend the money by November 1, 2020 and to audit requirements of the U.S. Treasury, the state and the county. The minutes give no amount.
- GrantAmount not given to Utah County
Item Consent · Appointment
Consent: Mayor Pro Tem and Recreation and Library retention schedule
Approved · 6-0
The consent agenda approved Terry Peterson as Mayor Pro Tem from July through December 2020 and a resolution adopting the Recreation and Library departments' records retention schedule.
Other
Closed meeting for city manager evaluation
Approved · 6-0
The council voted to adjourn to a closed meeting under Utah Code 52-4-205(1)(a) to discuss the character, professional competence or health of an individual.
Item Work session · Presentation
Open meetings, ethics and land use training (work session)
Discussed
City Attorney Greg Stephens reviewed open meetings law, including new electronic meeting provisions in HB 5002, and state ethics rules on disclosures, noting Orem's ordinance is stricter and may require recusal. Deputy City Attorney Steve Earl explained the difference between legislative and administrative decisions, saying state law requires approval of a conditional use if reasonable conditions can mitigate its effects.
Item Work session · General plan
Neighborhood plans and fraud risk assessment (work session)
Discussed
Staff presented the Sunset Heights East, Sunset Heights West, Cherry Hill and Lakeview neighborhood plans, the last of the city's neighborhood plans, with Planning Commission and council approval dates to follow. Finance Manager Brandon Nelson reviewed the State Auditor's fraud risk assessment and where the city could improve its score.
Item Work session · Other
City manager updates (work session)
Discussed
City Manager Jamie Davidson said Alpine School District's Hillcrest price was at the low end of earlier figures but the district requires a cash purchase; new Fire Chief Marc Sanderson starts July 1; Rocky Mountain Power will rebuild lines along 1600 North in the next 12 months and the city is weighing burying them; and the Orem Owls will not play in 2020.
What residents said
Police oversight and use-of-force policyDay care drop-off traffic and parkingDay care play area sizeNeighbor notificationHate graffiti at high school field
Written comments were attached to the minutes. Several residents urged the council to adopt police reform measures, including a civilian oversight board, expanded use-of-force limits, body cameras, and shifting funds to mental health and social services, with one asking about police hiring practices. One writer urged continued investigation of graffiti at a high school field that targeted people of color and LGBTQ+ individuals. On the day care permit, neighbors and nearby property owners raised drop-off traffic, parking, play area size and fencing, and notification.