OREM CITY COUNCILMEETING MINUTES
MARCH 30, 1971
Orem City Council met in regular session Tuesday, March 30, 1971, at 7:00 P.M. in the Council Chambers. Present were Mayor Winston Crawford, Chairman; Councilmen: Roscoe Carroll, Donald Shaw, Robert Dove and Harley Gillman. Absent John Jones, excused. Also present were City Manager Earl Wengreen, Attorney Frank Butterfield, Engineer Russell Brown, Assistant City Manager Odell Miner and Recorder Anne Cooper.
Others were present as listed:
Lola P. AdamsOrem Women's Club
J. Patrick MossGeneral Interest
Terry W. CanterbaryGeneral Interest
Vere WestwoodSubdivision Plat
Jack SumnerPictures - Press
Ernest L. AndersonArt Committee
Allen W. NielsonArt Committee
William P. BirdArt Committee
Max D. WeaverArt Committee
Spencer C. HeinerJobs for veterans proclamation
James W. OhranPresentation of subdivision plans
N. Gregory SoterOrem Walk Day
Erick V. MyersOrem Walk Day
Bruce A. CarrOrem Walk Day
Edith ManningArt Presentation
Walter R. WillmanCity Park
Linda K. WillmanCity Park
Marilyn K. TooneGeneral Interest
Ken BensonGeneral Interest
Russell ParkPlanning Commission
Jim DavisSeptic Tank
Bing ChristensenSeptic Tank
LaMar S. HillsAccess to East Ridge
Mrs. Roy SmithAccess to East Ridge
Mrs. Floyd LarsonAccess to East Ridge
Harold R. OaksAccess to East Ridge
Mark J. RoweGeneral Interest
Douglas MarriottChamber of Commerce
Eli K. ClaysonAccess to East Ridge
Leo FordGeneral Interest
Arnold LongGeneral Interest
Chester KocherhausGeneral Interest
James SimonsGeneral Interest
Val McAlisterGeneral Interest
Jay EitnerAuction License
Meeting opened with prayer by Donald Shaw.
Motion was made to approve minutes of March 23, 1971 as read and corrected by Harley Gillman and seconded by Donald Shaw. Motion passed unanimously.
The Orem Woman's Club presented two paintings to the City as approved by the Art Advisory Board, which the Mayor received, with thanks and appreciation. The paintings are: "The Red Barn" by J. F. Ehlers and "Grandma Knitting" by Knud Edsberg.
Young people from BYU were present to request the Mayor to issue a proclamation declaring April 17, 1971 as official "Walk for Hunger Day".
Motion was made by Donald Shaw and seconded by Harley Gillman that the City Manager's office be authorized to make a request to sustain the Utah Valley Walk for Development, through Orem April 17, and check with the State Highway Division, and authorize the Mayor to sign a Proclamation declaring April 17, 1971 as official Orem Walk Day and publicize. Motion passed unanimously.
James W. Ohran met with the Council to request approval of the Monte Vista Subdivision Plat A, at 800 North and 700 East.
Engineer Brown reported that in the study made in 1965 which indicated that the sewer line is reaching capacity. Since then additional homes have been built, and others approved or pending, and that long before we get these on, we will be overloaded.
If the City should get a Federal Grant, the problem would be solved. The conclusion is that the City will have to install a sewer line on 700 North from US 91 to 400 East or cut everybody off.
Mr. Ohran stated that after talking with the City Engineer, he understands that there is sufficient capacity right now. He intends to put in all improvements first. It will take some time to do this, so development will be slow.
After further discussion, motion was made by Harley Gillman and seconded by Robert Dove to approve Plat A of Monte Vista Subdivision, as recommended by the Planning Commission, and require appropriate bond. Motion passed unanimously.
DeVere Westwood was present to request the City to pay for offsite improvements to Westwood Acres Subdivision. Mr. Westwood stated that he has two lots left to develop, but that cost of the improvement will be for more than he can sell the lots.
After further discussion, motion was made by Harley Gillman and seconded by Donald Shaw to deny the request of DeVere Westwood that the City put in water, sewer, and street paving at the end of Westwood's Subdivision, and that the City not pay the cost of street improvements at either end of the Subdivision at 200 East and 900 North, and refer back to the Planning Commission. Motion passed unanimously.
Walter Wellman met with the Council to discuss sale of his property on 400 West at Center Street for park property.
Councilman Shaw stated that the City plans to develop the area at 400 South and 400 West to Center Street as a community park, and advised Mr. Wellman that the City will need part of his property for the proposed development, and asked if Mr. Wellman would hold this land for the City as the City is not in a position to purchase the property at this time.
Mr. Wellman stated that the Park Plan looks attractive, but that he is ready to develop now. He feels the City should make the first move.
After further discussion, motion was made by Robert Dove and seconded by Harley Gillman to authorize the City Manager to negotiate with Walter Wellman to make a decision on the price in obtaining property for a City park. Motion passed unanimously.
James Davis met with the Council to request permission to install septic tanks for lots 7 and 8 of Vallejo Subdivision at 1600 North and 500 East.
The City Engineer reported that the City ran a sewer line up there two or three years ago to take care of the sewer problems of the area.
After discussion, motion was made by Harley Gillman and seconded by Donald Shaw to invite John Gillman, Subdivider, to meet with the Council on April 6, to discuss sewer line installation for lots in the Vallejo Subdivision. Motion passed unanimously.
Attorney Frank Butterfield reported that after reviewing problems and ordinances on auctions from various cities that he does not feel Orem City's ordinance is out of line. Some ordinances are more restrictive especially that of Salt Lake City. If the ordinance is changed, anyone can come in and take advantage of that fact. The $1,000 bond allows a person who may pay more than the actual value of an item to file against the bond.
Jay Eitner stated that he was asking for a regular business license to conduct an auction, that he feels the bond of $1,000 is burdensome for his business.
Councilman Shaw stated that the Attorney's recommendation is pretty sound, and suggested that the auctions be held under the present ordinance to see how it works out.
After further discussion, motion was made by Harley Gillman and seconded by Donald Shaw to deny request made by Jay Eitner to modify the ordinance regulating auction sales. Motion passed unanimously.
City Manager Wengreen reviewed minutes of Council meetings dated August 25, 1970, October 23, 1970, and February 12, 1968 pertaining to the Ford Subdivision and Eastridge Subdivision. He also reviewed the minutes of the Planning Commission dated January 31, 1968 and March 6, 1968. There were no minutes of the official acceptance of the Ford Subdivision on record, although the plat was signed by the City Council on April 29, 1970. Mr. Wengreen also reported that according to the minutes the extension given to Mr. Ford to put in improvements was to September 4, 1970, and stated they should read June of 1971.
People from the area of Eastridge and Ford Subdivisions were present to protest that their streets were unimproved and very rough and dusty, and that the access to the Ford Subdivision is bad.
City Manager Wengreen stated that he has a letter from Horn Realty granting permission to maintain the entrance to Ford Subdivision from Eastridge Subdivision, letter as follows:
March 25, 1971
"Following up on the telephone conversation with you this morning we are writing this letter with regard to our Eastridge Development and the temporary entrance to itwhich the residents of Eastridge are using at the present time for ingress and egress.
"This letter will serve as authorization for the City of Orem to enter upon the property and grade and maintain this entrance way in a manner suitable for its proper usage by the residents of Eastridge until such time as Palisade Drive is improved through the Ford Subdivision between Eastridge Subdivision and Fourth South Street. This temporary entrance passes through lots #1 and #25, Plat A, Ford Subdivision,Orem, Utah.
"It is hereby understood and agreed that this permission is granted as a temporary permit only, and is not to exceed eighteen (18) months from the date of this letter."
After further discussion, motion was made by Donald Shaw and seconded by Roscoe Carroll to interpret the extension of time given to install improvements in the Ford Subdivision to terminate in June 1971, and to notify Joe Ford, and to authorize that gravel be hauled in and the City maintain the entrance to the Eastridge subdivision. Motion passed unanimously.
City Manager Wengreen reported that he had received a letter from the State Engineer in answer to his letter concerning application for water rights for the City as follows:
March 15, 1971
Orem City Corporation
City Hall
Orem, Utah 84057
Attention: Russell O. Brown, City Engineer
Dear Mr. Brown:
In answer to your letter of January 28, 1971, we have had considerable study and discussion as to possible solutions to the water supply problem for the city. It is evident that at some time the Central Utah Water Conservancy District will be in a position to deliver culinary water to the city, but that some immediate supply must be obtained in order to meet the greatly increasing demands for your rapid municipal growth.
The underground water filings which you now have total 23.745 c.f.s. These are all for municipal purposes throughout the entire year. In discussing this with the State Engineer, we would be reluctant to approve any change in the period of use from year round consumption to an increased summer use. Such a change would constitute an enlargement of the right during an otherwise critical period and would accentuate any problems that may already exist in the area. While it is true that the net withdrawal from the basin may not have changed, there may be a seasonal impact.
The State Engineer would consider changing the point of diversion and nature of use for surface waters which could be released to the system in exchange for underground water, provided that increased diversions did not cause any problems in local interference. If you choose to do this, I suggest that you weigh carefully the location of wells from which the water would be delivered and what influence this might have upon other wells in the same area.
The Change Application would have to be advertised in the normal way, and if protests were received, these would have to be considered before action would be taken on an application.
If there is any assistance we can offer in analyzing your right structure, or the possibility of making such a change, please contact us at this office.
Yours very truly,
Stanley Green
Hydrologic Engineer
SG: jp
City Engineer Brown stated that the State Engineer is concerned with interference with other water rights, but that he feels a well drilled in the middle of the circle formed by the other city wells would not interfere with other water rights.
City Manager Wengreen reported that Attorney Frank Butterfield had found no objection to the option to purchase park property from the Alpine School District adjacent to Windsor Elementary School.
Motion was made by Harley Gillman and seconded by Donald Shaw to authorize the Mayor to sign an option with Alpine School District to purchase property adjacent to the Windsor School for a Community School Park. Motion passed unanimously.
The following letter was read by Mayor Crawford:
March 25, 1971
"Subject: Orem City Notice of Intent to apply to the Department of Housing and Urban Development for a construction grant for water, sewer, and storm drain construction.
"This is to inform you that the project which you have described in your Notice of Intent dated March 7, 1971, has been reviewed by the Utah County Coordination Council and cities within Utah County.
"The Council finds your proposal consistent with the Council's comprehensive water and sewer plan that is being carried out, and your proposed program will contribute to the fulfillment of this plan.
"There were no other comments from any agency concerning your Notice of Intent."
Motion was made by Roscoe Carroll and seconded by Donald Shaw to pay the invoice from Utah County for the City's share of Civil Defense program in amount of $910.00 for 1970. Motion passed unanimously.
Motion was made by Donald Shaw and seconded by Roscoe Carroll to authorize the City Manager to approach the ditch owners on 800 East and Center Street because of safety problems to solve irrigation ditch problems. Motion passed unanimously.
City Engineer Brown reported that the County Planning Commission that the environmental statement from the Bureau of Reclamation states that there is a proposal to eliminate the surface water from running into the Murdock canal by raising the east bank. Also, the capacity of the canal will be increased.
Motion was made by Donald Shaw and seconded by Roscoe Carroll to authorize the City Engineer to respond to the letter indicating the Council's concern on drainage problems that would be presented if the Murdock Canal is banked to prevent surface water from running into the canal, and in light of control in maintaining clean water supply to fence the canal and require widening of all three bridges. Motion passed unanimously.
Motion to adjourn was made by Donald Shaw and seconded by Roscoe Carroll. Motion passed unanimously.
Meeting adjourned at 10:55 P.M.