Orem City Council Meeting

OREM CITY COUNCIL MEETING

COUNCIL MEETING MINUTES

December 3, 1968

Orem City Council met in regular session, Tuesday, December 3, 1968 at 7:00 p.m. in the Council Chambers. Present were Mayor Winston Crawford, Chairman; Councilmen Stanley Leavitt, Donald Shaw, John Jones, Paul Washburn, and Robert Dove; City Manager Earl Wengreen, Attorney H. Vern Wentz, Engineer Russell Brown, and Recorder Anne Cooper.

Others were present as listed:

Warren BuntingMotion Picture Code Rating

Josephine ZimmermanPress

Clyde WeeksPress

Meeting opened with prayer by John Jones.

Motion to approve the minutes of November 12, 1968, as read and corrected was made by Donald Shaw, seconded by Stanley Leavitt, and passed unanimously.

Motion to approve the minutes of November 26, 1968, as read and corrected was made by Donald Shaw, seconded by Robert Dove, and passed unanimously.

Miscellaneous items not pertinent to the minutes were reviewed for the press representatives.

City Manager Wengreen reported that American Fork City recommended that persons that are patrons of the Cities participating in the garbage yard service do not have to have stickers or permits to haul to the dump. The cost of furnishing personnel to check private use of the yard was greater than the receipts for the use.

City Manager asked for official action on the petition to disconnect from Orem City as the deadline for answering the petition is November 29, 1968.

After discussion, motion was made by Donald Shaw to authorize Attorney Wentz to file necessary pleadings to present the issue to the Court in the matter of the petition dated October 29, 1968, presented by Clyde M. Lunceford, Thelda Lunceford, John W. Welch, Alice Welch, Martin H. Sheriff, Effie Sheriff, Larry M. Sheriff, Sally Sheriff, Dick W. Burr, and Myrth L. Burr to disconnect from Orem City the following described property:

Commencing 557.7 feet South and 762.3 feet West of the Northeast corner of Section 35, Township 6 South, Range 2 East, Salt Lake Base and Meridian; thence North 45° 0' West 810 feet, more or less, to the junction of 2000 South Street and Columbia Lane, Orem City, Utah; thence West 1323.96 feet to the North quarter corner of Section 35, Township 6 South, Range 2 East, Salt Lake Base and Meridian, said quarter corner being indicated by a corner stone set in concrete, said line also paralleling the South boundary of 2000 South Street; thence North 78° 0' West along the North bank of the West Union Canal a distance of 220.0 feet, more or less; thence along the said canal North 70° 0' West 360.0 feet, more or less; thence along the Northwest bank of the said canal South 75° 0' West 160.0 feet, more or less; thence South 50° 0' West 170.0 feet along the said canal to the Clyde Lunceford North fence line; thence South 26° 10' West along the said canal bank 2.34 chains (154.44 feet, more or less); thence South 41° 10' West along the said canal bank 4.0 chains (264.0 feet); thence South 33° 0' West 132.69 feet; thence South 42° 21' West 194.90 feet; thence South 54° 33' West 42.98 feet; thence South 55° 0' West 130.0 feet, more or less; thence East 2415.0 feet, more or less; thence South 30 feet, more or less along and to the South boundary of the Dick Burr property description; thence East 290.0 feet, more or less; thence North 75° 0' East 110.0 feet, more or less; thence North 61° 15' West 330.0 feet, more or less to the point of beginning.

The motion was seconded by Robert Dove, and passed unanimously.

Warren Bunting, Manager of Timpanogos Drive In Theatre, reported that the motion picture industry has established a Board to rate and classify their own film. The ratings will guide parents to know if their children should attend the movie in question. Ratings will be as follows:

"G"good for anyone

"M"for adults and mature young people

"R" restricted--no children allowed under 16 years without parent or guardian

"X"no one allowed under 16 with or without guardian.

Mr. Bunting further stated that within 6 months every picture made in the United States will carry this rating stamp.

The Mayor expressed appreciation for the report, and the step taken by the moving picture industry.

Motion to pay Rollins, Brown and Gunnell $3,250 for engineering services for the month of November was made by Stanley Leavitt, seconded by John Jones, and passed unanimously.

City Manager Wengreen reported that a claim has been filed against the City for the accident on 800 North in which a woman was killed. The claim has been given to Bowen and Leavitt Insurance Company, Orem City's insurance carrier, for action. The claimant's auto insurance company has paid for damages to the Orem City truck.

The City Manager requested authorization to add the ambulance garage to the City Center complex.

Motion was made by Robert Dove, seconded by John Jones, to authorize the addition of an ambulance garage to the City Center complex. Motion passed unanimously.

The City Manager reported that the Architect had found that the concrete slab floor over the basemen is planned for 4 inches, but in order to give a protection factor of 40 that a 5 inch slab should be used to provide a Civil Defense Fall Out Shelter in the basement. The additional cost would be from $2,400 to $3,000.

After discussion, motion was made by Stanley Leavitt, seconded by Donald Shaw, to use the standard 4 inch floor. Motion passed unanimously.

City Manager Wengreen reported he has one more signature to obtain to get street right of way on 800 West for Special Improvement District # M. The Council authorized the City Manager to take one more week to attempt to obtain the signatures.

The City Manager reported that the building permit had been issued to Robert Nash about 1 1/2 years ago. The indication had been that he would repair cars in the building. Nothing in the Ordinance requires water in the building unless used for human occupancy. Also, according to our ordinance they can put in a septic tank, and when the Building Inspector gave the permit he did not inquire about water or sewer facilities. Therefore, when Mr. Nash applied for a license to operate a business, and notices were sent out to the Health Department, the Health Department refused to approve the building for a business as it had neither water nor sewer facilities. Also, the area is in a bog and field drains cannot be used for a septic tank.

The Council advised that Mr. Nash be permitted to install a chemical toilet for his wrecking yard on 400 South 1200 West.

City Manager Wengreen reported that he had received a letter from Security Title and Abstract Company requesting the City to deed the property back to the property owners on the east side of 500 East south of 700 South Street to correct the alignment of the street. City Engineer Brown has checked the area, and drawn lines on the map where the street should be located. The City Engineer stated that there is property on the east side at the south end of the street that should be part of the street but apparently is not owned by anyone. Also, a 25 foot strip on the west side of the proposed street is owned by Renold Pender.

Mr. Brown also stated that the street is cut on a different line than the deeded amount.

Attorney Wentz advised that the City should have the property appraised and sell at the appraised value.

John Jones stated we should get a deed for the 25 foot strip of property on the west side.

Motion was made by John Jones to authorize H. Vern Wentz to start condemnation proceedings on the Pender property to obtain the 25 foot strip on the west side north of 800 South. The motion was seconded by Robert Dove, and passed unanimously.

City Manager Wengreen stated possibly it may be more difficult to obtain rights of way in the future, if property owners felt that the City would not correct errors made since the property owners claim that the City Engineer provided the survey for the street in the first place.

After discussion, motion was made by Robert Dove to rescind the previous motion made November 12, 1968, "to not deed the street right of way on 500 East back to the property owners, and that normal procedure be followed if they need the property outside the street," and authorize negotiating to correct the alignment of 500 East, south of 700 South Street. The motion was seconded by Stanley Leavitt, and passed unanimously.

City Manager Wengreen reported that the Utes Action Committee had not recommended that Center Street be placed on the State Administrative System but had recommended that Center Street be place on the State Aid Collector System, to tie in with the County Collector System. The Council advised the City Manager to write a letter to the Utes Action Committee objecting to their recommendation to place Center Street east of U.S. 91 to Highway 189 on the State Aid Collector System. And recommend that Center Street East of U.S. 91 to 189 be placed on the State Administrative System as approved by the City Council, County Commission and Earl Johnson, State Road District Engineer, and a copy to be sent to the State Legislators.

The City Manager reported that he had been quoted a price of $5,000 per acre for the D. Orlo Allen property by Orem Junior High School. He would accept $5,000 to $7,000 down, and $4,000 per year at 6% to 7% interest. The Council advised the City Manager to determine the exact acreage of the property, and if the City could take an option, also if the City would be able to purchase a small tract for a park site.

The City Manager presented a written report from the Animal Control officer on the killing of the dog belonging to Dwight Clark. Included in the report was the fact that the dog was unlicensed, and had made an attempt to bite the officer. Mr. Wengreen asked permission to purchase a tranquilizer gun as the old one is not in good repair, and is currently in the shop.

Motion was made by John Jones, seconded by Robert Dove, to authorize the transfer of funds from the Reserve for Contingency to purchase a new tranquilizer gun. Motion passed unanimously.

Motion was made by Robert Dove, seconded by Stanley Leavitt, to authorize the City Manager to proceed to issue Christmas gift checks to City employees. Motion passed unanimously.

The City Manager reported that he has received a letter from LaVard Rees requesting additional allowances on his Special Improvement cost on Special Improvement District "C"; an adjustment of $356.57 was given in 1965 after the City Engineer had checked the accuracy of the charges. The Council advised that no further adjustment or allowance be made.

The City Manager reported that the money for the $715,000 City Center Bonds would be ready on December 17, 1968, and asked about investing the funds.

After discussion, motion was made by Stanley Leavitt, seconded by Paul Washburn, to invest the City Center Bond Funds in Time Certificates, $500,000 for 182 days, $215,000 for 91 days, the investment to be divided equally between the First Security and Orem State banks. Motion passed unanimously.

Motion was made by Paul Washburn, seconded by Donald Shaw, to appoint Virginia Jensen as Deputy Recorder. Motion passed unanimously.

Motion to adjourn was made by Stanley Leavitt, seconded by Paul Washburn, and passed unanimously.

Meeting adjourned at 10:00 p.m.