Orem council approves Smiling Faces day care at 410 S. Main with cap of 83 children, after first motion for 100 fails
July 14, 2020, 4:30 p.m. · Orem City Center, 56 North State Street (held electronically)
Meeting began with a work session on the city's annual human resources report, followed by a regular session. The council approved a conditional use permit for the Smiling Faces Day Care at 410 South Main Street after rejecting a 100-child cap and settling on 83. It also amended the FY2020-21 budget and loosened design rules for storage buildings in the Canyon Crossing District.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
| Item | Result |
|---|---|
| Mask requirement for city buildings (work session) | No action |
| Consent agenda: building and fire code update and department retention schedule | Approved · 6-0 |
| Amend fiscal year 2020-21 budget for CARES Act funds, 1% pay adjustment and grants | Approved · 6-0 |
| Accessory storage buildings in the Canyon Crossing District zone | Approved · 6-0 |
| Conditional use permit for Smiling Faces Day Care, 410 South Main Street | Approved with conditions · 4-2 |
Agenda, item by item
Presentation
Human resources annual report (work session)
Discussed
HR Director Keri Rugg and Management Analyst Jennica Jones reported that about $48 million was budgeted for personnel, roughly $37.5 million from the General Fund and $10.5 million from other funds. The city's cost for a high-deductible family health plan rose more than 29% over five years while employee costs were held constant; employees paid about $70 a month versus around $100 in comparison cities. Council members asked mainly about turnover among sworn police and fire staff, recruitment, lateral hires and advancement. Rugg said compensation was a main factor in some departures but not all.
Public safety
Mask requirement for city buildings (work session)
No action
City Manager Jamie Davidson noted that the governor had ordered masks in state buildings and asked for the council's view on a similar rule for city buildings. The general consensus was to require masks of people doing business in a city building or facility. No formal vote was recorded.
Item Consent · City code
Consent agenda: building and fire code update and department retention schedule
Approved · 6-0
The council approved, as one consent motion, an ordinance amending Chapter 7 of the city code on building, plumbing, mechanical, electrical, fire and abatement codes, a resolution approving the Legal Department records retention schedule, and prior meeting minutes.
Item Public hearing · Budget
Amend fiscal year 2020-21 budget for CARES Act funds, 1% pay adjustment and grants
Approved · 6-0
Finance Manager Brandon Nelson said the amendment adds federal CARES Act money passed through Utah County to the general ledger, adds a 1% employee market pay adjustment (about $265,000 in payroll cost), adjusts Major Crimes Task Force grant and participation revenue, and adjusts CARE Tax amounts for previously approved awards. CARES money can cover eligible expenses from March 1 through a Nov. 2 county deadline; about $250,000 had been spent on COVID-19 costs so far. No one spoke at the hearing.
- Budget$265,000
- GrantAmount not given to Utah County
Item Public hearing · City code
Accessory storage buildings in the Canyon Crossing District zone
Approved · 6-0
Planning Division Manager Jason Bench said a property owner wanted a large storage building behind existing buildings, which the zone's two-story and 10-foot setback rules effectively prohibited. The ordinance allows one accessory building per parcel in the Canyon Crossing District (around State Street and 800 North) if it is no more than 40% of the primary building's leasable floor area, one story and 13 feet high, used only for storage, located behind the main building and not connected to water or sewer. The parcel cannot also have used the one-time 15% expansion exception. No one spoke at the hearing.
Item Resolution · Development
Conditional use permit for Smiling Faces Day Care, 410 South Main Street
Approved with conditions · 4-2
The item was continued from June 30. Smiling Faces plans to move its existing business, now about 43 children from roughly 32 families, to a larger site and enroll up to 100 children; the site stays as is but needs conditional use approval because it is in an R8 residential zone. A traffic study found 24 stalls needed for 100 children, with 26 available counting on-street spaces after four stalls on 400 South and two on Main Street are removed for clear-vision reasons. The Planning Commission recommended approval with seven conditions, including a 100-child cap and no more than 10 pick-up or drop-off vehicles in any 10-minute period. Attorney AJ Pepper argued the applicant met all standards and that national ITE parking standards should not apply; Deputy City Attorney Steve Earl said the council could properly weigh traffic safety, clear-vision areas and parking and rely on ITE standards. Council Member David Spencer and Council Member Terry Peterson said their concerns were child safety, parking and line of sight, not the quality of the business, and that 83 children was still too many. Council Member Debby Lauret said her own observation of peak pick-up times found parking adequate. A letter to Mayor Brunst from the state child care licensing program said families would be better served at the larger site. A motion for a 0.20 stalls-per-child ratio and 100 children failed, with council members voting 2-4 (Mayor Brunst also voted yes). Lauret then moved an amended version with 0.24 stalls per child and a cap of 83 children, which passed. Written public comments were largely supportive, with a few noting the current lot is tight.
- Applicant: German Pardo (Smiling Faces Day Care), represented by attorney AJ Pepper of Snell & Wilmer
- Zone: R8 (conditional use required for a commercial day care on a collector street)
- Planning Commission recommended approval with seven conditions, including a cap of 100 children
- Final cap adopted by council: 83 children at 0.24 stalls per child
What residents said
Parking and line of sight at 400 South and Main StreetTraffic from day care drop-off and pick-upChild safety
Written comments on the Smiling Faces item, read into the record, praised the center's quality and bilingual program; several said the current parking lot is small and State Street access can be difficult.