CITY OF OREM COUNCIL

MEETING MINUTES

September 2, 1980

7:00 p.m.

CONDUCTING: Mayor Pro Tempore Harley Gillman

ELECTED OFFICIALS: Councilmembers Earl Farnworth, Harley Gillman, Richard Jackson, Gareth Seastrand and Stella Welsh

APPOINTED STAFF: Daryl Berlin, City Manager; Barry Bartlett, Assistant City Managers Ed Stout, City Planner; Jack Jones, Public Works Director; Arnold Long, Fire Chief; Bryce McEuen, City Attorney; and Chris Moores, Secretary

EXCUSED: Mayor James E. Mangum

INVOCATION: Barry Bartlett, Assistant City Manager

Approval of Minutes

Mr. Seastrand moved that the minutes of the August 26, 1980, Council meeting be approved with the following corrections: on page 2, fourth paragraph, change Lynn G. Aiken to Max Christensen; on page 4, second paragraph, change Mr. Rupert Reese to Mr. Rupert Ruiz and reword the 17th sentence to read “..development was planned to be there"; on page 5, first paragraph reword the second sentence to read "...one week for the owner and purchasers to come together". Mrs. Welsh seconded the motion which passed unanimously.

Request to Appear - Stewart Grow - Mass Transit

Merrill Gappmayer, representing the Timpanogos Transit District, met with the Council and briefly reviewed the history behind the development of the Transit District and its previous work. He indicated the District is currently working with BYU to determine what the citizens of this area desire in the way of mass transit services. He had come to the Council to answer any questions they had on the District and to seek additional funding from the City to assist the District in its planning effort. He indicated the area has access to $1.6 million in federal funds on a 50/50 federal/local match basis, and that Provo had put up $5,000 as it share of the local match to obtain federal money to study the issue further, subject to Orem City also putting up $5,000 as their share. The Council felt strongly they would like to put up the $5,000 but felt more comfortable waiting for two weeks after complete analysis of the budget to see if the funds are available. Mr. Seastrand moved that this item be continued until September 26, 1980, to be placed on the agenda for that meeting. Mr. Jackson seconded the motion which passed unanimously.

Request to Appear - Jan Wyler, Dance License

Mr. Berlin explained that staff had researched this item regarding a request to hold a dance at the Recreation Center and had no problems with the approval. Mr. Seastrand moved that the application for a public dance license to Jan Wyler at the Recreation Center be approved for September 20, 1980. Mr. Farnworth seconded the motion which passed unanimously.

Award Bids on 800 South and 1200 West Water Line

Mr. Jones, Public Works Director, explained that seven bids had been received for the construction of these water lines and recommended the low bid of G & C Construction be accepted. Mr. Jackson moved to accept the request of Mr. Jones to award the bid to G & C Construction to construct water lines on 800 South and 1200 West. Mrs. Welsh seconded the motion which passed unanimously.

Award Bids on Street Overlay

Mr. Jones explained that bid invitations were given to two other companies in the area but the Geneva Rock bid was the only bid received. The Council discussed how the priority of the streets were arrived at. Mrs. Welsh moved to authorize Mr. Jones to accept the bid from Geneva Rock in the amount of $215,700 to provide street overlays throughout the City. Mr. Seastrand seconded the motion which passed unanimously.

Public Hearing - Amendment to Zoning Ordinance, Move On Houses

A public hearing was held at 7:30 p.m. to consider amending the Zoning Ordinance relative to buildings being moved into or within Orem. Mr. Stout, Planner Director, explained that the ordinance was necessary for two reasons: 1.) that a preinspection be held before it is moved into the City to meet building and zoning code requirements and 2.) that a building inspection take place after it is moved onto the property. Mr. Jones explained that this was mainly for older homes; that they had been in contact with Ogden City who will cooperate on the inspections of the pre-fab homes built at the factory in Ogden. Mr. McEuen, City Attorney, explained that this was a question of legality, that it was beyond the Board of Adjustment's power under current City ordinance to grant move-ons without inspections. Mr. Seastrand expressed his concern that a provision be included to clarify that foundations be pushed in where buildings are moved. Mr. Farnworth expressed his concern over homes being moved off and parked temporarily somewhere over an extended period of time. Mr. Farnworth moved that we accept this ordinance as presented with the following additions: add on page 2, second paragraph, that homes being moved off of sites in Orem have the foundations pushed in and the site leveled and cleaned off, and to clarify that a house being relocated is not to be parked for an extended period of time not to exceed 60 days in a temporary location. Mrs. Welsh seconded the motion which passed unanimously.

Public Hearing - Amendment to Home Occupation Ordinance

A public hearing was held at 8:00 p.m. to amend the home occupation ordinance regarding the advertising limitations. This amendment deals only with advertising, currently stipulating that it is not permitted: "...to use any commercial telephone directory listing, newspaper, radio or television advertising service or to display a name plate or other sign." It is recommended that the ordinance be amended to read: "It shall not be permitted ... to display a name plate or other sign, except when required by state law or regulation in such instance the sign shall be unlighted, attached to the dwelling, and not exceed 288 square inches." Arvid Kelander inquired as to if an open and close sign was permitted. Mr. Kelander's home is in a commercial area on 1600 North so this wouldn't apply to him. Mr. Berlin requested that this item be held until next week inasmuch as another portion of the home occupation ordinance will be reviewed next week and it would be best to amend the ordinance at one time. Mr. Jackson moved to continue this hearing until next week. Mr. Farnworth seconded the motion which passed unanimously.

Recommendation on Ambulance Charges

Arnold Long, Fire Chief, met with the Council to discuss this item, which had been carried over from the previous Council meeting. Mr. Farnworth asked for clarification between resident and nonresident charges. Mr. Long explained the mileage charges, etc. Mr. Jackson asked what insurance companies normally pay toward these charges. Mr. Long responded that only reasonable and customary transportation and medical services are paid to the hospital, not return transportation after recovery. Mr. Berlin explained that the rates were as high as state law allows and didn't reflect the amount of funds to run this service. Mr. Jackson moved that the City adopt the ambulance fees as recommended by City staff, the base fee of $82.00 plus $3.00 per mile for all responses requiring transportation and a base fee of $40.00 for all responses not requiring transportation. Mrs. Welsh seconded the motion which passed unanimously.

Harry Heathman Industrial Revenue Bond

Mr. Heathman was not present and Mr. Berlin requested that this item be taken off the agenda and not be put on until he requests it. Mr. Seastrand requested that the question of a moratorium on industrial bonds be put on next week's agenda.

Public Hearing - Bales Construction Request to Rezone

A public hearing was held at 8:30 p.m. to consider Bales Construction request to rezone approximately 9.75 acres of land at 1400 North State from C-3 and R-1-8 to R-1-6. This hearing was continued from the August 26th public hearing to allow the applicant and property owner time to resolve matters relating to the purchase of the property prior to City Council taking action on the rezoning. Mr. Molen, the applicant, told the Council that he was now the owner of the property. Mr. Seastrand moved that, inasmuch as there was no expressed opposition, to rezone the Bales Construction property from C-1 and R-1-8 to R-1-6 as outlined previously in the yellow area on the site plan map with the stipulation that the land revert back to the original zone if building activity doesn't commence within one year. Mr. Farnworth seconded the motion. The voting was as follows: Mr. Farnworth, Mr. Seastrand and Mrs. Welsh, aye. Mr. Jackson abstained. The motion carried. Mr. Seastrand clarified that building activity will include the pouring of footings and installation of utilities.

Mr. Farnworth moved that the meeting adjourn. Mr. Jackson seconded the motion which passed unanimously. The meeting adjourned at 8:30 p.m.