OREM CITY CORPORATION COUNCIL MEETING MINUTES December 1, 1970

Orem City Council met in regular session Tuesday, December 1, 1970, at 7:00 p.m. in the Council Chambers. Present were Mayor Winston Crawford, Chairman; Councilmen Robert Dove, Donald Shaw, Harley Gillman, John Jones and Roscoe Carroll; City Manager Earl Wengreen, Engineer Russell Brown, Attorney Frank Butterfield and Recorder Anne Cooper.

Others were present as listed:

Harold M. Paulos, 471 East 400 North Class Assignment-B.Y.U. Rodnie Ward, 1467 South 280 East Class Assignment-U. of U. Herbert Stratton, 1085 North 800 East Cascade Fairways Frank Stratton, 760 North 800 East Cascade Fairways Warren Bunting, Timp Drive-In 13th South Rezoning Mark C. Modine, Geneva Drive-In Zoning Dewayne A. Bills, 6322 Randolph Drive Rezoning August D. Nardoni, 732 South State Rezoning M.L. Post, 1615 Cardova St. L.A. Cal. Zoning Clyde Naylor, 1800 South State Zoning Marvin Burgon, 592 South 450 East Zoning Jo Zimmerman Press Clyde Weeks Press Raymond Nez Student Doug McAllister, 296 East 1864 South Student Brice Lee Master, 296 East 1864 South Student Craig Reese, 296 East 1864 South Student

Meeting opened with prayer by Donald Shaw.

Motion was made by John Jones and seconded by Robert Dove, to approve minutes of November 24, 1970, as read and corrected. Motion passed unanimously.

Frank Stratton and Herbert Stratton met with the Council to petition for an extension of time to pay for water used and the lease for the Cascade Golf Course for the year 1969, also the year 1970. Herbert Stratton stated that the cost of construction, also, the collection of receivables, have made it difficult to pay all their obligations.

After discussion motion was made by Donald Shaw and seconded by John Jones, to grant an extension requested by the Stratton Brothers for payment of $4,704.00 for land lease and irrigation water for the years 1969 and 1970, until June of 1971, at which time payment will be started at $500.00 per month, with the understanding that the bill will be brought current by the end of the year, 1971, plus 6% interest. Motion passed unanimously.

Motion was made by Donald Shaw and seconded by Robert Dove, to authorize the Mayor to sign the contract with Burrows, Smith and Company for fiscal services for Cherry Hill Park Special Improvement District. Motion passed unanimously.

The Council reviewed a map plan outlining the area to be assessed for Cherry Hill Park Special Improvement District.

After discussion and some changes, motion was made by Donald Shaw and seconded by Robert Dove, to establish the boundary of the Cherry Hill Park Special Improvement District as outlined by the City Engineer and amended: Beginning at 1300 South at 400 West; East along 1300 South to US-91; South along US-91 to the South city limits; West along the South city limits to 400 West; then North along the property lines of 400 West to 1300 South, the point of beginning. Motion was passed unanimously. City Manager Wengreen reported that the plans have been approved for the Cascade Community Park by the Utah Outdoor Recreation Association. The Council advised that he already has authority to proceed to negotiate contract for the property.

City Manager Wengreen reported that the City has a twenty year contract with the Department of Natural Resources through the State Land Board. Ten years of the contract have passed. He stated he had asked them if they would negotiate a 49-year lease. They took the proposition to the State Land Board, who approved the proposal. However, the lease amount will be increased from $82.50 per year to approximately $150.00 per year.

After discussion, motion was made by Robert Dove and seconded by John Jones, to authorize the City Manager to obtain a 49-year lease for the Marina Park from the State Land Board. Motion passed unanimously.

Public Hearing convened at 8:10 P.M. to consider rezoning from R-2 to C-3, the area west of the Geneva Drive-In Theatre between 1300 South and 1400 South Street.

DeWayne Bills, representing Sero Company stated he also represents the developers and proposed tenants of the area. Mr. Bills stated that they have met with Don Ivie, owner of the property South of the Sero property, which is needed for 1400 South Street. Mr. Bills stated that the developers have been unable to get the dedication of 1400 South. They, representing their clients, have proposed to divide the money for the improvements of that portion of the property (1400 South Street). The money for the improvements could be held in escrow, or the developers could provide the complete right-of-way with the problem that it wouldn't line up with the rest of the street.

Mr. Bills presented a proposed plan for developing the area, which is supposed to start development shortly after the first of the year, and substantially completed by Fall of 1971.

Mr. Bills stated that the proposed development depends upon the zoning.

Harley Gillman stated that he is willing to deny the zone change, or extend the zone, at this time until other things are fully anchored that are of greater and of most importance to the City. That he hopes to get a second to the motion to not extend the zone to C-3 at this time until other things are decided that we have talked about so long.

Robert Dove asked Mr. Bills if he understood Councilman Gillman's statement in its entirety, because this is of great concern to us at this time. That his concern is that we have done everything to cooperate with the University Shopping Mall people. That is, this development constitutes a true threat to the University Mall Development, and that if he had to choose between the two developments he knew which way he would have to go.

Mr. Bills stated that one development does not necessarily restrict the other. Although there might be a choice as far as tenants are concerned, as to what their rent structures are, if a commercial development is good on one part of an intersection, it is certainly good in the other part.

After other discussion, Harley Gillman stated that he isn't sure that the proposed tenants are completely anchored in the University Mall proposed development.

Clyde Naylor stated that the University Shopping Mall development was several months in planning, before the Planning Commission. It seems to him that the Planning Commission has been by-passed, and not given an opportunity to investigate the matters under consideration.

Harley Gillman stated that the Council had denied a zone change the T.S.I. development yet are considering the same thing again.

Councilman Shaw stated that one of his concerns is the speed with which this new proposal developed. That we are premature in any action at this time. That he doesn't want to make a mistake, and it would be more to the advantage to the Mall, and the new developer and City Council, that rather than come up with denial that more time be given to more study and consideration over a period of time.

Councilman Dove stated that, whether we like it or not, this corner is valuable due to the University Mall, therefore, the Mall should have some precedence.

After other discussion, motion was made by John Jones and seconded by Donald Shaw to continue the Public Hearing for one week to give further consideration to rezoning the property owned by Sero Company West of Geneva Drive-In Theatre, between 1300 South and 1400 South to C-3 Zone. Voting aye: John Jones, Donald Shaw, Roscoe Carroll and Robert Dove. Voting nay: Harley Gillman. Motion passed by majority vote.

Councilman Dove recommended that the Planning Commission review the proposed plan at their regular meeting tomorrow night, December 2, 1970. When the Planning Commission looked at it, it was a back-to-back theatre.

Councilman Roscoe Carroll stated that a precedence was set when the rezoning request was made for the purpose of a back-to-back theatre.

City Manager Wengreen stated that bids on police cars received by the State are $1,100.00 over that of last year as the manufacturers have withdrawn their support. So the City has requested bids from major suppliers to be opened next week.

Mr. Wengreen stated that Ford Motor Company has a demonstrator that was drawn to Montana Highway Patrol specifications, which has 17,000 miles on it. The price is $2,572.00 and that he feels that we can stay within the present budget if we purchase this car.

After discussion, motion was made by Harley Gillman and seconded by Donald Shaw, to authorize the City Manager and Police Chief to make the decision on whether or not to purchase the Ford demonstrator as discussed. Motion passed unanimously.

Motion was made by John Jones and seconded by Donald Shaw, to authorize payment of $1,350.00 to the Metropolitan Water District for irrigation water used by the Cascade Golf Course. Motion passed unanimously.

Motion was made by John Jones and seconded by Roscoe Carroll, to accept the street on the corner of 1300 South and State from Clyde Naylor and require the appropriate bond. Motion passed unanimously.

Motion was made by Roscoe Carroll and seconded by Donald Shaw, to deny the request of Joe Ford that the City Engineer design the bridge over the irrigation ditch in the Ford Subdivision. Motion passed unanimously.

Motion to adjourn was made by John Jones and seconded by Donald Shaw, and passed unanimously.

Meeting was adjourned at 9:40 P.M.