Orem City Corporation s1

OREM CITY CORPORATION COUNCIL MEETING MINUTES

August 12, 1975

Orem City Council met in regular session, Tuesday, August 13, 1975, at 7:00 PM in the Council Chambers. Those present were: Mayor James E. Mangum, Chairman; Councilmen: Merrill Gappmayer, Harley Gillman, Dixon Larson, LeRoy Walker, and Glen Zimmerman; Earl Wengreen, City Manager; Barry Bartlett, Assistant City Manager; Frank Butterfield, City Attorney; Alan Homer, Finance Director; Russ Brown, City Engineer; Jack Jones, Public Works Director; James Simmons, Police Chief; Randall Deschamps, Community Development Director; Ernest Summers, Chief Building Inspector; and Chris Moores, Secretary.

Other present were as listed:

Paul Berrett Support sidewalks on 800 South Lillian Berrett Support sidewalks on 800 South Lynn Tilton Daily Herald Dennis Cambridge Orem-Geneva Times Lara Gibby General Interest Ernest E. Summers General Interest Stanley A. Leavitt General Interest Georgette Zubeck Recommendation on 1200 South David Fielding Zoning on 100 South Harry E. Chittock Zoning on 100 South Janet Bigelow Zoning on 100 South Lee A. Bigelow Zoning on 100 South Fred Bentley Zoning on 100 South Lou Dell Bentley Zoning on 100 South Joe Dimick Zoning on 100 South

The meeting was opened with prayer by Mr. Jones.

Mr. Gappmayer moved that the minutes of August 5, 1975, be approved as corrected. Mr. Zimmerman seconded the motion which carried.

The Mayor said he had received a petition from residents on 400 South between 400 West to 800 West to create a special improvement district for sidewalk and parking. He added that the first petition received did not have enough signatures, the property owners were then notified and the city has subsequently received additional signatures.

Mr. Walker moved to accept the Mayor's recommendation to take the necessary steps to solicit interested parties for the purpose of establishing a new special improvement district on 400 Sour and to consider additional areas of the city to be included. Mr. Zimmerman seconded the motion w carried. The Mayor said there would be a meeting at the Holiday Inn at 12:00 Noon on August 13, 1975, with the County Commissioners, Mayors, Councilmen, and Commissioners from the various cities to d cuss the problems associated with UVIDA.

John Quist, chairman of the Public Safety Advisory Council met with the Council to discuss the concerns of the committee he represents. The committee was concerned with the lack of sidewalks and particularly pedestrians walking on 800 South, especially the school children who use this route. The second concern was cars backing out onto 800 North into a 50 M.P.H. speed zone, from new home that have been built there. The Mayor told Mr. Quist that the city needs to educate the public o getting more special improvement districts for sidewalks. He also said that the City had sent a letter to the State Highway Department concerning the 800 North problem, but has not received a reply to date.

Mr. Zimmerman said that the complaint the Library received has been cleared up and taken care of.

Mr. Gillman said that the Tax Study Committee that he is on has completed their study and will present it to the Council of Governments in September.

Mr. Larson moved to accept the City Manager's recommendation and accept the carryover on Revenue Sharing Funds and authorize the transfer of funds as presented in the memo from the Finance Director. Mr. Walker seconded the motion which carried. (see following page)

MEMORANDUM

TO: Earl Wengreen City Manager

FROM: D. Alan Homer Director of Finance

DATE: August 7, 1975

SUBJECT: Appropriation of Revenue Sharing Carryover

After completing the "closing of the books" for fiscal year 1975 I am able to advise you of a carryover of prior year revenue sharing funds in the amount of $28,045.36.

I recommend that these funds be allocated as follows:

A. Items budgeted in prior years for which the revenue sharing funds have not been fully expanded:

Description Account No. Amount

Marina 42-45200-323 558.10 $558.10 Paint Gun & Regulator 42-41920-333 157.99* Computer Disk Packs 42-41133-310-01 179.56 Computer Payment 42-41133-330-01 1,821.21* Community Park Paving 42-45130-310-01 l,792.57 Refuse Containers 42-50400-330-01 3,455.20* Sub-total $7,964.61

B. Current year budget items which can be funded with revenue sharing. The city funds currently budgeted for these items will be transferred to the Contingency Account:

Description Account No. Amount

Police Care 42-42130-370-01 600.00 Police Cars 42-42130-370-02 600.00 Telemetry 42-42240-330-02 18,000.00 Radio Contract 42-42220-330-02 880.75 Sub-total $20,080.75

Total $28,045.36

This action will increase the total approved budget from $6,013,692 to $6,041.737.

DAH:cm

*Already encumbered

The following bids were received for the purchase of an automobile by the Community Develop¬ment Department. Rick Warner Ford - $3,731.00 for a '75 Maverick; Gene Harvey Chevrolet - $3,887.0 for a '75 Nova; Heathman-Brown - $3,295.00 for a '75 Nova; Tri-City Ford - $4,056.00 for a '75 For Naylor Auto - $3,295.00 for a '74 Used Valiant; Naylor Auto - $3,645.00 for a used '74 Dart. Mr. Gappmayer moved to accept the recommendation of the Community Develop Director and purchase the Nova from Gene Harvey Chevrolet for $3,887.00. Mr. Walker seconded the motion which carried. Mr. Gappmayer added that the purchase was not the low bid in this case and requested the record to so state.

The Council discussed the Marina Park Development. Mr. Gappmayer said he felt an informal public meeting would be very beneficial. Mr. Gillman said he was in favor of the county taking the marina over. Mr. Larson said that the city shouldn't delay the decision; that the park needs sup vision. Mr. Walker felt it could become a regional state park or county park; he agreed with Mr. Gappmayer that an informal public meeting would be beneticial. Mr. Gappmayer moved to set a date for an informal public meeting to discuss the Orem Marina Park for August 26, 1975, at 6:00 PM. Zimmerman seconded the motion which carried. Mr. Walker moved to instruct the Mayor to write a letter to the County Commissioners inviting them to the public meeting to discuss the Orem Marina Park and also get their feelings on the county taking over the park, and find out about their participation in the meeting. Mr. Zimmerman seconded the motion which carried.

Mr. Gappmayer moved to authorize the request to transfer of $87,490.64 in Collector Road Trust Funds from the State to Orem City. Mr. Larson seconded the motion which carried.

Mr. Stan Leavitt said he felt there was a problem for school children walking west to Lakeridge Jr. High on 800 South and that the yellow line should be repainted and wated to know if more can be done to safeguard pedestrians using that street. He asked what can be done to get sidewalks.

Mrs. Lillian Berrett said she heard there had been a bill in the legislature appropriating funds to cities for sidewalks around schools and asked Mr. Leavitt what had happened to the bill.

Mr. Leavitt responded that he had voted against the bill because he felt it was a Granite School District bill and that Orem City wouldn't receive any funds. The bill was defeated.

The Mayor said the City should send a letter to the property owners on 800 South and have a meeting to discuss the problem and get their reaction to a special improvement district.

Mrs. Berrett said there would be bicycles using the same pathway. She asked if they couldn't get sidewalks, would a bicycle path be possible.

Mr. Gappmayer moved to authorize the Public Works Director to, as quickly as possible, 1. repaint the yellow strips on 800 South, 2. if possible grade any area between the asphalt and the sidewalk to make it as clear as possible, 3. if he can see any recommendations that can be done c-1 -a temporary basis to enhance pedestrian safety to bring those recommendations back to the Council in two weeks, and 4. for the Mayor to have a meeting with the property owners involved concerning the possibility of a special improvement district to correct the problem permanently. Mr. Zimmerman seconded the motion which carried.

Mr. Walker moved to set a public hearing to consider an ordinance on deep lots in Orem City for September 9, 1975, at 7:45 PM. Mr. Zimmerman seconded the motion which carried.

Mr. Gillman moved to approve Hans Anderson, Jr. Subdivision, Plat A. and authorize signature Mr. Zimmerman seconded the motion which carried

Mr. Zimmerman moved to authorize the Mayor's signature on the plats for Todd Townhouse and Garden Park. Mr. Gillman seconded the motion which carried. The Council discussed the Community Development Director's recommendation on whether to accept private roadways for city streets. Mr. Gappmayer moved to make all property owners aware of this proposal and make the property owners aware of special improvement districts. Mr. Larson seconded the motion which carried.

Mr. Duane Herbert discussed the problem at 75 East 900 South on the sidewalk, curb and gutter installation. Mr. Walker moved to authorize the Public Works Director to look at the problem and determine what can be done and authorize the work up to $1,826 to be taken from the Contingency. Mr. Gillman seconded the motion which carried.

Mr. Gillman moved to release the bond on Pyne Acres Subdivision, Plat G and authorize the Mayor's signature. Mr. Gappmayer seconded the motion which carried.

Mr. Butterfield, City Attorney discussed the property condemnations on 1200 South for Special Improvement District "Q". The Adams estate was appraised at $16,925.00, the Shelton property at $3,800 and the Alphin property which includes a house and two parcels of land, $33,000.

Mr. Larson moved to authorize the purchase of the Vactor Rodder in the amount of $57,840.00. Mr. Zimmerman seconded the motion which carried.

Mr. Gappmayer moved to authorize the City Attorney to offer Dick Burr $10,000 an acre and $100 for each cherry tree. Mr. Walker seconded the motion which carried. Mrs. Georgette Zubeck Peck, property owner on 1200 South, told the Council she hadn't been contacted on negotiations for her right-of-way. She wants her gate and fence moved back and to be paid for her fruit trees.

Mr. Walker moved to have the City Attorney find out and report back to the Council whether the City legally can purchase property and resell it, pertaining to the Adams, Shelton, and both Alphins property. Mr. Zimmerman seconded the motion which carried.

Mr. Gillman moved to have the City Attorney advise Mr. Murphy and Mr. Fawcett that (if in the meantime the telephone call between the Mayor and Mr. Murphy hasn't resolved the matter) the City feels they should give the property to the City without condemnation. Otherwise the City will deny the building permit and delete the property from the special improvement district. Mr. Zimmerman seconded the motion which carried.

The Council discussed the zoning of 100 South. Mr. Dimick, attorney for the property owners gave a history of what took place in June and July, 1972. Mr. Butterfield, City Attorney, read the letter from the Planning Commission to the Council in June, 1972, and the Council meeting minutes of July 11, 1972. Several of the property owners were present and expressed their views.

Mr. Gappmayer moved to 1. instruct the Chief Building Inspector to red tag the property at 138 East 100 South for the purpose of putting a hold on it for two weeks, 2. instruct the City Attorney to come two weeks from tonight prepared to tell the Council whether or not that property was legally zoned at the time of the rezone, and 3. determine on August 26, the decision as to whether to proceed with the construction or whether they must stop it. Mr. Gillman seconded the motion which carried.

Mr. Gappmayer brought up the matter of 1200 South again. Mr. Gappmayer moved to rescind the previous motion of the night and offer the appraised value of $10,000 per acre for the property to Dick Burr; and also notify Mrs. Peck that the City will offer the appraised value and include city's apology that nobody has contacted her. Mr. Zimmerman seconded the motion which carried.

Mr. Zimmerman moved that the meeting adjourn. Mr. Gappmayer seconded the motion which carried. The meeting adjourned at 10:10 PM.