Kent Gilbertschool Assignment
March 27, 1961
Orem City Council met in regular session Monday, March 27, 1961, at 7:00 p.m. in the Council Chambers. Present were Mayor M. D. Wallace, chairman; Councilmen Winston Crawford, Alvin Rowley, Laird Billings and Harley Gillman. Earl Wengreen was absent. Also present were City Manager O. V. Farnsworth, Attorney H. Vern Wentz, Engineer Orin T. Miller and Recorder Anne Cooper. Others were present as follows:
Kent GilbertSchool Assignment
Sidney S. Gilbert
Alan W. BuchCentennial Meeting
Dale L. NelsonOrem Boosters Budget
Orland E. PyneOrem Boosters
Roy E. ParkAnnexation of property
Nick NettoOrem Jr. Chamber of Commerce
Lawrence M. PalmerCentennial Committee LDS Church
Fawn C. HuishCentennial Committee PTA
W. A. BiggsSteelworker
R. G. Cornell, M.D.Orem Community Church
D. M. ClarkOrem Jr. Chamber of Commerce
Bill PotterOrem Jr. Chamber of Commerce
A. M. FerroUtah Municipal League Attorney
Tom McCoySecretary Municipal League
Ross PlantPresident Utah Municipal League
Reed StoneInterested Citizen
Bruce FlygareInterested Scout
Larry StoneInterested Explorer
Elwood Sundberg
Glen PinegarProperty annexation
Gil JensenProperty annexation
Clyde WeeksNews
Carma AndersenNews
Meeting opened with prayer by Mayor Wallace.
Motion was made by Laird Billings to convene as Board of Equalization on Special Improvement District H. Motion seconded by Winston Crawford and passed unanimously.
The Council referred to the minutes of March 15 of the Board of Equalization and the following motions were made:
Motion was made by Laird Billings to allow only 50% of the sidewalk cost on the William A. Cox property on Special Improvement District H, as a sidewalk had previously existed. Motion was seconded by Alvin Rowley and passed unanimously.
Motion was made by Harley Gillman to deny the petition of Wayne Lunceford for an adjustment on his cost on Special Improvement District H. Motion seconded by Winston Crawford and passed unanimously.
Motion was made by Harley Gillman and seconded by Winston Crawford to deny the petition of Lloyd Crapo for an adjustment on his cost on Special Improvement District H. Motion passed unanimously.
Motion was made by Winston Crawford to adjourn as Board of Equalization and reconvene as Council. Motion was seconded by Harley Gillman and passed unanimously.
Winston Crawford gave a report regarding the Coordinating Council meeting held March 20. Mr. Crawford stated that the Coordinating Council will assist the Orem Boosters in their summer program and will work with other groups in the City.
Tom McCoy, Director of Utah Municipal League; Arrie Ferro, Municipal League Attorney; and Ross Plant, President of the Municipal League Association, met with the Council to discuss the ½% Sales Tax Law. Ross Plant stated that actually the Municipal League functions stronger in the Legislature than would be supposed. At one time he had felt that the Municipal League was not in favor of small towns, but now feels that he was in error. Tom McCoy had expressed feelings several times that if he could have gotten the Sales Tax Law through without disturbing or jeopardizing the original bill, he would have gone along with the distribution of the tax on a population basis.
Mayor Wallace asked if the ½% sales tax is not in greater jeopardy now. Arrie Ferro stated that the provision of the State law says that one governmental unit cannot levy a tax for another governmental unit. Mr. Ferro also stated that the original problem was to get a new source of revenue. The Uniform School Fund was considering requesting a State sales tax for revenue. Two things were to be considered in preparing the law to levy the ½% sales tax: (1) they were not permitted to impose on the businesses the problems of making additional reports; and (2) the State may not impose a tax that will cause one city to compete with another city. To make it uniform, the tax has to be collected by the State, but regulated through a County ordinance.
Mayor Wallace stated that he is asking the Municipal League to represent Orem and other small cities to amend the Sales Tax Law. Mayor Wallace further stated that we feel we are dealing with large problems in Orem, as the fourth or fifth largest city in the State, that are not common to other cities; and we feel that the Sales Tax Law favors the larger cities.
After the proposed amendment to the law was not admitted to the legislature, Provo advised their property owners that they would cut their property taxes. Orem is contributing largely to what Provo and Salt Lake City will get out of their sales tax.
Tom McCoy stated that we have to operate according to State law and that the Utah Legislature cannot put out legislation according to population formula. Salt Lake City will lose a portion of the State Liquor Fund in 1962 because of a shift in population, a portion of which will be picked up by Orem and other cities that are growing in population.
The Municipal League knows that Orem will not get their fair share of the ½% sales tax, but feels if we leave the law alone, it may be amended to benefit us.
Harley Gillman asked if the County could use the tax money and lower the mill levy. Arrie Ferro stated that it could be used for County purposes but the danger would be that the City would have no control over the money.
Roy Park and Glen Pinegar met to discuss the annexation of the Riviera Country Club property. Roy Park stated that he did not want his property annexed into the City. Brice McBride and Leon Mecham also did not want to be annexed into the City as it would increase their taxes.
Orin T. Miller stated that the survey made showed the total area petitioning for annexation is 52.45 acres. Mayor Wallace reported that Dale Despain has already prepared a map showing a proposed annex area in which he tried to include the area from 800 South to the City Park in the canyon which also includes the power plant and the railroad tracks.
The Riviera Country Club is not asking to be annexed as a country club but only as acreage. Also, they are not asking for services at this time. Gil Jensen stated that he would like to see enough property taken into the City to provide revenue. The Council felt that the area would not financially benefit Orem and that if the property owners want to be annexed, they will petition for annexation. The Council decided that no action would be taken until they are able to take the whole area into the City.
After discussion, motion was made by Laird Billings to accept the ordinance adopting the Fire Prevention Code for 1961 and authorize the Mayor and Council to sign. Motion seconded by Winston Crawford and passed unanimously.
Motion was made by Laird Billings to accept an ordinance adopting the Uniform Building Code for 1961 and authorize Mayor and Council to sign. Motion seconded by Alvin Rowley and passed unanimously.
Laird Billings was excused at 11:00 p.m. to go to work.
Mayor Wallace reported that Merrill Mecham has asked for a permit to remodel his home at 1000 East Center Street. Mr. Mecham should move his home back in order to give right-of-way clearance on Center Street. Engineer Orin T. Miller stated that the street would be 88 feet in width, which will clear Mr. Mecham's home, but will not leave sufficient set-back. Attorney Wentz stated that we cannot stop his building. The City needs a master road plan adopted by an ordinance to prevent building on proposed rights-of-way. Alvin Rowley stated that we should obtain 50 feet rights-of-way throughout the City on trunk roads which would actually increase the value of the land involved.
After discussion, motion was made by Winston Crawford to give the City Manager authority to see what Mr. Mecham will require on his building and draw up a contract with Mr. Mecham for right-of-way and proceed to obtain rights-of-way on Center Street. Motion seconded by Alvin Rowley and passed unanimously.
Motion was made by Harley Gillman to approve expenditures to widen the canal bridge on 1600 North, even though the County rejects participating. Motion seconded by Winston Crawford and passed unanimously.
Meeting adjourned.
The above and foregoing Minutes of the Council Meeting held March 27, 1961, were read, corrected, and approved at a regular meeting of Orem City Council held November 8, 1965.