CITY OF OREM COUNCIL MEETING MINUTES February 26, 1980 7:00 p.m.

CONDUCTING: James E. Mangum, Mayor

ELECTED OFFICIALS: Mayor James E. Mangum, Councilmembers: Earl Farnworth, Gareth Seastrand, Stella Welsh, Richard Jackson and Harley Gillman

APPOINTED STAFF: Albert E. Haines, City Manager; Ed Stout, City Planners Bryce McEuen, City Attorney; Barry Bartlett, Assistant City Manager; Jack Jones, Public Works Director; and Suzanne Ferguson, Secretary

INVOCATION: Bryce McEuen

Others present were: Mr. & Mrs. Bill Sumsion Bruce King Daily Herald Mike Ruddell KBYU Loyd Andersen General Interest Carma Andersen General Interest Harold McCown Margie McCown Teri McCown LaDell Gillman David Raddatz Windsor Park Committee L. D. Billing Charles E. Loper Boy Scouts Brant Roberts Merit Badge Gregg Tayton Merit Badge Gary Lindquist Merit Badge Bob Kindred Carl Norlund Stanley Walsh Interest in Council action Bradford J. Hall Observing Mr. & Mrs. James Aiham Property Owner Kathy Hall Property Owner Robert Anderson Carl Gordon Clara Huhtala Edwin Huhtala J Cummingham Cathy Baugh

Approval of Minutes

Mr. Seastrand moved to approve the minutes of the February 19, 1980, City Council meeting with the following corrections: On page two, second paragraph, line 2 add: "and Arts" to read "on the Library and Arts Board for the past six years." Also, on page three, second paragraph, line 19, delete "Earl Farnworth". On page four, second paragraph, line six, add: "Such a study would not result." On page five, paragraph four, line two, add: "1200 to 1400" to read "Mr. Jackson moved to approve Schedule A of the projects - 1200 to 1400 North..." Also on page five, paragraph six, line one add "400 to 600" to read "Mr. Seastrand moved to approve schedule C of the project - 400 to 600 South." On page six, paragraph five, line three, add "Mr. Jackson seconded the motion which passed unanimously." Mr. Farnworth seconded the motion which passed unanimously.

Appointment of Alternate Member to the Decency Commission

Mr. Jackson moved that the Council appoint Mr. Thomas Proctor as an alternate member on the Decency Commission. He stated that Mr. Proctor was a former Captain in the Los Angeles Police Force. Mr. Farnworth seconded. the motion which passed unanimously.

Letter of Commendation - Marge McCown

The Mayor presented Marge McCown, who was present at the meeting, with a letter of commendation on behalf of the Council for their appreciation of the fine service which she rendered to the community, and for the ability she has to be objective in reporting the news fairly and impartially.

Request to Appear - Bill Sumsion Re: Request to Construct Multiple Housing Units

Mr. and Mrs. Bill Sumsion, who were present at the meeting, requested permission from the Council to construct a multiple housing unit at 850 East 1500 South. Mr. Haines stated that it was staff's recommendation, after reviewing the things that had taken place in relationship to Mr. Sumsion's building permit, that he not be allowed to proceed with the building without going through the appeals procedure. Mr. Sumsion took out a building permit five days the building site took place within the 120 day limit required on a building permit for the work to begin. Mr. Sumsion did nothing further until November, 1979. There were several citizens present to express their views on the matter. Mr. Laird Billings, submitted a petition to the Council with approximately 60 signatures of the neighborhood that were in opposition of the multiple housing unit being constructed. Mr. John York spoke in favor of constructing the unit. Mrs. Lloyd Anderson stated that she felt that the area is oversaturated with multiple dwellings. Mr. Jackson moved to deny the request for an appeal to the multiple home ordinance to allow the Sumsion's to build a 4-plex at 850 East 1500 South in Orem. Mrs. Welsh seconded the motion which passed unanimously.

Mr. Farnworth moved to continue the public hearing set for 7:30 p.m. until the item currently under discussion was completed. Mr. Jackson seconded the motion which passed unanimously.

Mrs. Sumsion stated that she did not believe the matter in questions was whether or not they have the right to build, but if they are under construction. Mr. Owen Pierce and Mr. Carl Gordon stated their opposition to the construction of the multiple dwelling. Mr. Sumsion asked if he could recoop the cost of sewer installation and the building permit. Mr. Gillman stated that the City could not reimburse him for the installation of the sewer but moved to allow Mr. Sumsion to use the building permit on another lot or refund him the money. Mr. Seastrand seconded the motion which passed unanimously. Public Hearing - Finalize Application Process for Community Development Block Grant Monies

A public hearing scheduled for 7:30 p.m. was held at 7:55 p.m. to finalize the application process for Community Development Block Grant monies. Brent Garlick made a presentation to the Council. He proposed six items with which to expend the block grant money: Westmore Neighborhood Park, $325,0001 Hillcrest Neighborhood Street Improvements, $150,000: Public Housing Land Acquisition, $35,000, Housing Rehabilitation, $15,000: Contingency Fund, $5,0001 and Administrative Costs, $26,000.

Mr. Jackson moved to continue the 8:00 p.m. public hearing until the present hearing was completed. Mr. Farnworth seconded the motion which passed unanimously.

Mr. Seastrand moved that the Council vote to approve the Mayor's signature on the Community Development Block Grant for the application of 1980-81 funding year, and that the amount of $556,000 be expended as budgeted in the six items proposed by Mr. Garlick. Mr. Farnworth seconded the motion which passed unanimously.

Public Hearing - Amend Zoning Ordinance

A public hearing set for 8:00 p.m. was held at 8:20 p.m. regarding amending the Zoning ordinance pertaining to permitted and conditional use in residential zones. Mr. Stout went through the modifications contained in the ordinance with the Council. Mr. Jackson moved to accept the changes in section 28-47 as indicated on page 10, deleting the references to duplexes, tri-plexes and so forth. Mrs. Welsh seconded the motion which passed unanimously.

Mr. Gillman moved to delete "reception centers and concessions in connection therewith", but to approve the minor changes from and to or. There was no second on the motion. Mr. Seastrand moved that the Council delete "and concessions in connection therewith", and accept the changes from and to, or in paragraphs eight and nine. Mr. Farnworth seconded the motion. Councilmembers voting "aye" were Earl Farnworth, Gareth Seastrand, Stella Welsh and Richard Jackson. Councilmember voting "naye" was Harley Gillman. The motion passed.

Mrs. Welsh moved that the Council approve the changes on page 12 of the Zoning Ordinance. Mr. Jackson seconded the motion which passed unanimously.

After considerable discussion Mr. Gillman moved that the Council approve the changes on page 13 of the Zoning Ordinance. Mr. Jackson seconded the motion which passed unanimously.

Mr. Farnworth moved that the Council approve the numerous changes on page 14 of the Zoning Ordinance. Mr. Seastrand seconded the motion which passed unanimously.

Mr. Gillman moved that the Council approve the changes on page 15 of the Zoning Ordinance. Mr. Seastrand seconded the motion which passed unanimously.

Mr. Jackson moved that the present public hearing be interrupted to move to the Thomas Backman hearing on conditional use permit for a reception canter at 870 West Center Street. Mr. Seastrand seconded the motion which passed unanimously.

Thomas Backman - Conditional Use/Reception Center Mr. Marvin Bogh, the owner of the property at 870 West Center, submitted a petition to the Council with approximately 35 signatures of neighbors in favor of the proposed Reception Center. Some of the citizens who stated that they were in favor of the Center were: Wiley Carpenter, Wallace Fairbanks, Cheri Garr and Carol Tomlin. Mr. Backman stated that in the current plan one parking space per two guests for a minimum of 74 spaces be provided. Mr. Farnworth moved that the Council accept the Planning Commission recommendation as to the conditional use permit to allow the Reception Center on 870 West Center and to include the recommended standards of the Planning Commission which are before the Council with the exception of the fence, then not necessarily being night obscuring but more according to the drawing provided by Mr. Backman. Mrs. Welsh seconded the motion. Councilmembers voting "aye" included Gareth Seastrand, Stella Welsh, Earl Farnworth, and Richard Jackson. Councilmember voting "naye" was Harley Gillman. The motion passed.

Mr. Seastrand requested that a possible moratorium on Center Street from 1200 West to the east where Center Street intersects City boundaries with, the exception of the Hoyt-Baxter problem which is up for consideration, be placed on next week's agenda.

Public Hearing - Amend Zoning Ordinance' cont'd

Mr. Gillman moved to approve the changes on pages 17, 18 and 19 of the Zoning Ordinance. Mr. Farnworth seconded the motion which passed unanimously.

Mr. Jackson moved to approve the changes as amended on page 20 of the Zoning Ordinance that "buildings" be changed to "dwellings" and after thirty-five feet it read to the highest point. Mr. Farnworth seconded the motion. Councilmembers voting "aye" were Richard Jackson, Earl Farnworth, Gareth Seastrand and Harley Gillman. Councilmember voting "naye" was Stella Welsh. The motion passed.

Mr. Jackson moved to approve the changes on page 21 of the Zoning Ordinance. Mr. Seastrand seconded the motion which passed unanimously.

Mr. Gillman moved to approve the changes on page 22 of the Zoning Ordinance which deleted number four. Mr. Farnworth seconded the motion which passed unanimously.

Update Report and Extension request Heathman, Inc.

This item will be held at the next Council Meeting. Mr. McCullough had to go out of town on business.

Recommendation to the City Council to Approve a Conceptual Plan for Windsor Park

Cathy Baugh and Dave Radditz, members of the Windsor Park Advisory Committee, were present at the meeting. Jerry Ortiz, Director of Recreation, made a presentation to the Council stating size, location, accommodations, and facilities contained in the conceptual design of the Windsor Park. Mr. Seatrand asked if the Committee had thought about including ice skating as an activity at the Park. Mr. Ortiz stated that there is a possibility of incorporating it into the Park. Mr. Farnworth moved to accept the conceptual design of the Windsor Park as presented with some of the suggestions perhaps incorporated in the final design and also commended the Windsor Park Advisory Committee for their efforts and the hours they have devoted to the Committee. Mrs. Welsh seconded the motion with the suggestion that the Windsor Park Advisory Committee be sure to get with the Shade Tree Commission early enough to get the conception of the design before they have to put their trees in. The motion passed unanimously.

Recommendation to Appoint a Council Committee to review Audit Proposals Submitted for City Audit

Mr. Haines recommended that the Council consider appointing from its membership one or more members to serve as a Council Committee for the purpose of reviewing audit proposals submitted and making recommendations to the governing body regarding the retention of an audit firm for the City for the next three to five years. He stated that the Committee should work with Mr. Bartlett so that that committee would have the input of the staff regarding the various capabilities desired of the City's audit firm. Mr. Seastrand moved that Harley Gillman act as Chairman of the Committee with Earl Farnworth and Stella Welsh to put this together and bring back a recommendation to the Council. Mr. Jackson seconded the motion which passed unanimously.

Award Bid to Purchase Automobiles

Ted Peacock, Chief of Police, was present to answer questions directed to him by the Council. He stated that the recommendation was for four police package station wagons in the amount of $25,882.23 instead of three as shown in the agenda item. Mr. Farnworth moved that the Council approve the purchase of four police package station wagons in the amount of $25,882.23, seven regular medium sized sedans in the amount of $38,429.86 from Naylor Auto, which represented the low bid; and also that the Council approve the purchase of two police package medium sized sedans in the amount of $12,703.50 from Givan Ford which represented the low bid when the rebate was included. Mrs. Welsh seconded the motion which passed unanimously.

Planning Issues - Consent Item

Paul Ferguson was present at the meeting. Mr. Jackson moved that the Council accept the recommendation of the Planning Commission to approve: Radmall & Ferguson, C-2 Final Site Plan, Commercial Condominium, "Post Office Place", Plat A, 6 lots at 250 West Center. Mr. Seastrand seconded the motion which passed unanimously.

Mr. Seastrand moved that the meeting adjourn. Mr. Farnworth seconded the motion which pass unanimously. The meeting adjourned at 10:05 p.m.