OREM CITY CORPORATION

COUNCIL MEETING MINUTES

February 7, 1978

7:00 PM

CONDUCTING: Mayor James E. Mangum

ELECTED OFFICIALS: Mayor James E. Mangum; Councilmen Lee Bamgartner, Earl Farnworth, Gareth Seastrand, Wayne Watson and Glen Zimmerman

APPOINTED STAFF: Albert E. Haines, City Manager; Barry Bartlett, Assistant City Manager; Alan Homer, Director of Finance; Jack Jones, Public Works Director; Arnold Long, Fire Chief; Randall Deschamps, Community Development Director; and Chris Moores, Secretary

INVOCATION: Councilman Bamgartner

Approval of Minutes

Mr. Watson moved to approve the minutes of January 31, 1978, as presented. Mr. Seastrand seconded the motion, which passed unanimously.

Request to Appear - Roy Calloway, Daily Herald

Roy Calloway of the Daily Herald met with the Council to discuss the City participating in the 1978 Daily Herald Progress Edition. After some discussion Mr. Seastrand moved to approve the article for publication in the progress edition and to have it printed in color. Mr. Farnworth seconded the motion. The voting was as follows: Mr. Farnworth and Mr. Seastrand, aye. Mr. Bamgartner, Mr. Watson and Mr. Zimmerman, nay. The motion failed to carry.

Request to Appear - Donna Crowley, Utah Valley Symphony Guild

Mrs. Donna Crowley met with the Council to ask their support of the Art Auction for the Utah Valley Symphony Guild. She explained the auction and that it would cost $400-450 to put it on and asked the Council for a donation of $100. Mr. Seastrand moved that the Council approve $100 from the Art Board's budget of the $2,000 allocated on the condition that the Art Board would approve of this expenditure; further, that the Council support the Art Auction. Mr. Zimmerman seconded the motion, which passed unanimously.

Adoption of Articles of Incorporation

Mr. Haines explained that Section 10-2-108 of the Utah Code Annotated 1953 as amended by the 1977 Legislature, requires that municipal articles of incorporation be filed containing: (1) the official name of the municipality, (2) a geographical description, and (3) the class of city and population according to an official census. Mr. Watson moved to approve the Articles of Incorporation as presented and authorize filing them with the Secretary of State's Office. Mr. Farnworth seconded the motion, which passed unanimously.

Request for Approval of Out-of-state Travel for Data Processing Committee

Mr. Haines explained that this request was to travel to the greater Denver area on February 8-9 to meet with the numerous cities there that are using the various types of systems Orem is considering for acquisition. Mr. Bamgartner moved to authorize $1,008 for the Data Processing Committee to go to the greater Denver area for the purpose indicated. Mr. Watson seconded the motion, which passed unanimously.

Adoption of Emergency Operations Plan

The Council discussed the Emergency Operations Plan. A question was raised about providing for a succession in command if the Mayor was not present, and the suggestion was made that the Mayor Protempore should be next in succession with the other members of the Council next according to seniority. The Council felt that this designation of seniority should be made every six months when a new Mayor Protempore is selected. Mr. Zimmerman moved to adopt an ordinance repealing Chapter II of the Orem City Code, replacing it with the establishment of the Orem City Council of Defense, referred to as the Board of Strategy in the Orem City Emergency Operations Plan. Also, to adopt the Emergency Operations Plan as the official emergency procedure to be used by Orem City in the event of extreme emergency or disaster with the changes that have been recommended. Mr. Seastrand seconded the motion, which passed unanimously.

Mel Ludlow - Utley - Orem City Property Exchange

In 1961 the City received a deed from Mel Ludlow for a road with the stipulation that if the road was ever vacated the land would be deeded back to Mr. Ludlow. The road was abandoned and the land deeded to Mr. Ludlow in June 1977, with the same description that he deeded to the City, but the description infringed on Mr. Utley's property. The Council discussed this along with abandoning the water line and meters on the land deeded back to Mr. Ludlow. Mr. Bamgartner moved that in as much as the City has provided engineering and surveying services to provide markers on the property that this be referred to the property owners to come up with their own boundary line; further, that the City abandon the water line on the land deeded back to Mr. Ludlow and relocate the water meters. Mr. Watson seconded the motion, which passed unanimously.

Public Hearing - Consider Proposed Community Development Block Grant Program for 1978-79

A public hearing was held at 8:00 p.m. to gather input as to the spending of the block grant monies. Mr. Baird, Zoning Administrator explained the types of projects which would be eligible: street lighting, street improvements, recreation development, land acquisition, planning activities and housing rehabilitation. The public present didn't give any input. Mr. Watson moved to close the public hearing. Mr. Bamgartner seconded the motion, which passed unanimously.

Agreement with Utah Power and Light

Mr. Zimmerman moved to approve an agreement with Utah Power and Light for two school flashing signs at 410 West Center and 380 West Center, and to authorize the Mayor's signature. Mr. Watson seconded the motion, which passed unanimously.

Planning Commission Recommendations - Approve Variance for Duplex at 563 North 100 East

The Planning Commission recommended that a variance be allowed permitting a duplex to be constructed at 563 North 100 East. The lot is surrounded by three existing duplexes with a building permit obtained on another adjacent lot. The lot does meet the guidelines of the new P.R.U.D. Ordinance for variance approval. Mr. Petersen, the applicant, and Howard Holman and Clifton Pyne, residents opposing the variance, met with the Council to discuss this item. Mr. Zimmerman moved to accept the Planning Commission's recommendation and approve the variance for construction of a duplex at 563 North 100 East; and further to direct the staff to see what can be done to minimize and control growth of multiple dwellings in the area from State Street to 400 East between 100 and 800

North. Mr. Watson seconded the motion, which passed unanimously.

Recommendation to Approve 20 Acres Annexation North of 1200 South and West of the Freeway

Rick Jackman, one of the applicants met with the Council to discuss the proposed annexation. There were approximately 10 property owners present opposing the annexation. Mr. Zimmerman moved to table any decision until after the public hearing next week on changing the zoning ordinance relating to annexed property. Mr. Watson seconded the motion, which passed unanimously.

The Council was concerned with the Planning Commission's approval given to the Mental Retardation Association to construct group care homes at 1300 North 150 West and at 900 West 1000 North since the Planning Commission had declared this a similar use to permitted conditional uses in the R-1-A zone. The Council had authorized a letter endorsing the concept in the January 10, 1978, Council Meeting but had not declared the group care home as a conditional use. The Mayor referred to Section 28-297 of the Orem City Code giving the Planning Commission the authority to declare these uses. No action was taken.

Mr. Watson moved that the meeting adjourn. Mr. Farnworth seconded the motion, which passed unanimously. The meeting adjourned at 9:25 PM.

City Council Minutes - (p.1)