OREM CITY CORPORATION COUNCIL MEETING MINUTES February 25, 1969 Orem City Council met in regular session Tuesday, February 25, 1969, at 7:00 p.m. in the Council Chambers. Present were Mayor Winston Crawford, Chairman; Councilmen Robert Dove, Stanley Leavitt, John Jones, Paul Washburn, and Donald Shaw; City Manager Earl Wengreen, Attorney H. Vern Wentz, Engineer Russell Brown, and Recorder Anne Cooper. Others were present as listed: Arnold Long, Fire Chief Del Ashworth Kenna Frazier Warren Bunting Clyde Weeks Fire Station Plans and Budget City Center Plans P.T.A. Cascade School Chamber of Commerce Press Meeting opened with prayer by Robert Dove. Motion was made by John Jones, seconded by Paul Washburn, to approve minutes of February 4, 1969, as read and corrected. Motion passed unanimously. Motion was made by Robert Dove, seconded by Paul Washburn, to approve minutes of February 11, 1969, as read and corrected. Motion passed unanimously. City Manager Wengreen asked that the Board of Equalization meeting for Special Improvement District # M be postponed one week in order to allow the City Engineer time to complete the individual assessment charges. The Council authorized the holding of the meeting from 8:00 a.m. to 5:00 p.m. on April 1st, 2nd, and 3rd, as recommended. The City Manager reported that Jack Meiling has moved his house to a new location on Carterville road, and is asking to have a sewer line installed. After discussion, the Council authorized the City Manager to advise Jack Meiling to put in a septic tank until there is further development in the Carterville Area, and the Council will actively oppose any action to disconnect from the City. City Manager Wengreen presented two complaints filed as a result of the accident on 800 North State between a car driven by Mrs. Ethel M. Gibbons and a City truck driven by Gary Scott Crawford. Motion was made by Donald Shaw, seconded by Robert Dove, to deny claim for damages due to the death of May Sorenson as a result of a traffic accident on October 7, 1968, at the intersection of 800 North State Street as presented by Lynn Sorensen, complaint No. 32913, Fourth District Court. Motion passed unanimously. Motion was made by Donald Shaw, seconded by Robert Dove, to deny claim for damages to Ethel M. Gibbs, plaintiff, complaint No. 32912, Fourth District Court, as a result of a traffic accident on October 7, 1968 at the intersection of 800 North State Street. Motion passed unanimously. The Council advised that the complaints be turned over to the City Insurance carrier for action. The City Manager volunteered, and was given approval, to serve as a representative of the City Council on a County Committee to study Solid Waste Disposal. Fire Chief Arnold Long presented a memorandum to use funds budgeted in 1968-1969 totaling $6,450.00, to purchase carpeting and necessary minimum equipment for the new fire station. After discussion, motion was made by Robert Dove, seconded by Stanley Leavitt, to authorize the Fire Chief to obtain bids on the proposed furnishings for the fire station. Motion passed unanimously. Councilman Donald Shaw presented a letter and proposed resolution from the Alpine School District, as follows: February 19, 1969 Mr. Donald D. Shaw 1634 South 350 East Orem, Utah 84057 Dear Mr. Shaw: At the Alpine School District's regular school board meeting held February 18, 1969, the enclosed resolution concerning off-season use of school campuses was approved by the board. I realize this is not in the same form and detail that you suggested in your agreement presented to me, but it was the feeling of the Superintendent and staff that this is all that would be necessary to carry on a very satisfactory relationship with the city. As is indicated in the resolution Don, when you get ready to begin your improvements to this property please contact Mr. Orval Davis, Director of Buildings and Grounds of the Alpine School District. He will work very closely with you in the planning and initiation of this project. I have enjoyed working with you on this project and if I can be of any further help please let me know. Sincerely yours, Kent J. Abel Administrative Assistant RESOLUTION CONCERNING OFF-SEASON USE OF SCHOOL CAMPUSES The Alpine School District Board of Education, a body corporate, has within its ownership thirty plus parcels of property containing several hundred acres of ground. The Board wishes to make this property available to communities for recreational and social purposes when it is not being used for regular school purposes. To aid cities and other corporate groups in deciding whether they would like to use any of these properties the Board of Education adopts this statement of resolution which sets forth the conditions under which the properties may be used. WHEREAS, the Alpine School District owns considerable acreage adjacent to and/or surrounding its school buildings which is used primarily for student activities during the school year, and WHEREAS, this property is not used to its maximum during the time when school is not in regular session, and WHEREAS, the Board of Education has always permitted and encouraged community and civic groups to use these properties especially during the summer months. NOW, THEREFORE, be it resolved that cities and other civic groups may use those properties under the following conditions: 1. That the Board of Education is agreeable in each instance to such use and that the superintendent is the representative of the Board when cities or civic groups request such use. 2. That the property is available to cities or civic groups for that duration of time deemed advisable to the best interest of the Board of Education. The Board of Education would not deem it advisable to deny the use of the property to any city or civic group unless, (a) the Board has need of the property to improve its educational program, (b) the actions of the participating groups are such that the property itself or the adjacent school facilities are being misused or vandalized in any way by the actions of such civic or community groups, or (c) the neighbors enter a legal complaint against the district declaring the use of the facility to be a public nuisance. If the Board of Education determines that the property is needed to improve the educational facilities of the property it will give a minimum of 120 days notice to the city or civic group. 3. That cities or other civic groups be given permission to build playing fields, erect storage facilities, restrooms, lights for night activities, and other facilities of various kinds on the property just as long as they do not affect negatively the regular educational program of the school and they are approved by the director of buildings and grounds and the superintendent of the district. 4. That the maintenance and care of any special facility erected on the property be assumed by the city or civic group without cost to the Board of Education. 5. That the regular watering of lawn and shrubs and the mowing of grass on the district's adopted schedule will continue on these properties by the district. Special care to the facilities including mowing of a diamond, watering down a playing field, manicuring of an infield, etc., must be assumed by the city or civic group using the property. 6. That the city or civic group assumes the responsibility for tort liability occurring on these grounds that result from negligence on the part of the city or civic group. 7. That the city or civic group assumes the cleanup of the property following activities sponsored by it. 8. That the use of any special facilities built on the property by the civic groups or cities be made available to the Board of Education when they are not in use by the group that erected them. Direct costs of maintenance and electricity for the use of such facilities when used for school activities will be paid for by the Board of Education. That any further problems or considerations that may arise that are not covered by this resolution will be referred to the Board of Education for study and action. After discussion, motion was made by Donald Shaw to accept the Resolution concerning off-season use of school campuses as presented by the Alpine School District, and recommended by the Community-School Recreation Committee; and authorize the City Manager to contact Orvil Davis of the Alpine School District. The Resolution and letter to be filed. Also, a list of everything done in the cooperative effort to be listed and become a matter of minutes. The motion was seconded by Paul Washburn, and passed unanimously. Councilman Leavitt inquired if the City could set aside Park sites for future development in the same manner as zoning. The Council advised the City Attorney to determine legality of adopting a master plan and setting aside areas as park sites; also, the size and type of areas that could be set aside. The following petition was presented by Kenna Frazier, Cascade School P.T.A. Safety Chairman: January 28, 1969 Orem City Council Orem City Hall 6th North State Street Orem, Utah Attention Mayor Crawford Gentlemen: A committee of Orem residents, parents of children attending the Cascade School on 800 East Street, met with Utah County Attorney, Mr. Dale Jeffs, on January 13, 1969. The meeting was called to get a legal opinion regarding the responsibility of the Orem City Council for failure to provide a safe means for the children to get to and from the Cascade School. The committee was informed that after proper notice has been given to the City Council, it must take appropriate action or under Utah Law 63-30-8 the City can be sued for damages resulting from any injury caused as a result of unsafe conditions. We therefore, are at this time serving proper notice that an unsafe condition does exist in that there is no sidewalk on 800 East Street, Orem, Utah for the use of the children attending the Cascade School. We, the undersigned, as residents of Orem and parents of the children attending the Cascade School, suggest that the following actions be taken immediately: (1) to acquire property so that a sidewalk may be installed on at least one side of 800 East Street from 600 North to 400 South to provide access by the children to the Cascade School. (2) Cross walks be installed on 600 North; 400 North; 200 North; Center Street; 200 South; and 400 South and at least one Crossing Guard would be hired. All other safety hazards should be removed and corrected as soon as possible. As residents of Orem, we are compelled to take this type of action because we have not received satisfactory reports that any action has been taken on previous recommendations. We would appreciate a progress report showing definite action, such as acquiring the land necessary to install the sidewalk and plans stating the date that the sidewalk will be installed, to be reported to Kenna Frazier, Cascade P.T.A. Safety Chairman, 170 South 800 East, by March 16, 1969. ACTION REQUESTED BY 114 persons The petition was signed by parents of children attending the Cascades School. The Council advised Mrs. Frazier that the City must operate on a budget, and improvements are projected and included in the budget as funds become available. The Council had attempted to include 800 East Street on a Special Improvement District but the area was protested out by the property owners. Also, a committee from the area had said they would meet with the property owners to see if property could be obtained for a walkway, and if the student's parents would be able to finance the project. However, the neighborhood committee had failed to follow through with the project. After further discussion, the Mayor stated that the City Attorney would check the legality of blocking 1/2 (800 East) street for one way vehicle traffic, and mark off a walkway on the other half street for pedestrian traffic. Councilman Stanley Leavitt reviewed a list of items that the committee in charge of the Golden Anniversary Celebration has discussed, a part of which is listed: 1. Ground breaking for City Center building. 2. Scholarship Pageant 3. Combined-Secondary Elementary Schools-Art, Music, etc. 4. Orem's Golden Edition 5. Summer Festival & Pageant-Boosters 6. Library Program 7. Football Homecoming 8. Little League Championships, Etc. 9. Scout Camporee 10. Train-Old Orem Railroad Also, details to be included in the celebration are listed: Golden Wedding, Birthday, T.V. & Radio programs, bumper or window stickers, essay, beautification, Chamber of Commerce brochure, steel coin, Orem Women's Club tea, prayer breakfast, etc. The Council asked that the Committee work up an estimated cost of the program. Motion was made by Donald Shaw, seconded by Paul Washburn, to authorize the two councilmen to sign an agreement with First Security Bank, Salt Lake City, to act as paying agency for the Orem City Building Bonds and Coupons. The motion passed unanimously. Motion was made by Robert Dove, seconded by John Jones, to authorize the Mayor to sign a quit-claim deed to Joseph and Elvira Ford to clear the legal title to rights of way when Ford Subdivision Plat is recorded, and the motion passed unanimously. Motion to authorize payment of $817.17 to American Fork City for garbage yard service for February was made by Stanley Leavitt, seconded by Paul Washburn, and passed unanimously. Donald Shaw reported that the Metropolitan Water Board secretary, V. Emil Hansen, had found that the well permit issued to Lyle McDonald allocated one second feet of water to irrigate 12 1/2 acres of ground. The Metropolitan Water Board then concluded that they didn't want to take action at this time to purchase the permit. Councilman Shaw also reported that the Central Utah Water Conservancy District is contemplating building a water treatment plant on the Jordonelle. Salt Lake City has asked for approval to transport water through the Provo River Canal. Also discussed by the Board was the possibility of a cooperative water treatment plant between Provo and Orem City. Maintenance, and follow up, on Well # 4 was discussed by the Council. City Engineer Brown reported that Paul Valgardson had bid $1,150 to install concrete footings for the Lion's Pavilion, which is too high. Motion was made by Stanley Leavitt, seconded by Robert Dove, to authorize the City Engineer to take bids on concrete footings for the Lion's Pavilion. Motion passed unanimously. Motion was made by John Jones, seconded by Stanley Leavitt, to pay Clegg Construction $899.02 to replace curb and gutter and sidewalk on 980 West 450 North for drainage. Motion passed unanimously. Motion was made by Donald Shaw, seconded by John Jones, to pay Geneva Concrete $300.00 for Special Improvement District # M. Motion passed unanimously. Motion was made by Robert Dove, seconded by John Jones, to pay Clegg Construction on Special Improvement District # M $2,708.95, and replacing curb and gutter $1,595.66. Motion passed unanimously. Mayor Winston Crawford reported that the Denver and Rio Grande Railroad Company has offered to sell the property on 1300 South that the City has asked to lease for drainage purposes, and wants the City to make an offer. The Council authorized the City Manager to negotiate for the property, but felt it isn't worth more than $1,000. Motion to adjourn was made by John Jones, seconded by Stanley Leavitt, and passed unanimously. Meeting adjourned at 10:58 p.m.