OREM CITY CORPORATION

COUNCIL MEETING MINUTES

January 15, 1974

Orem City Council met in regular session, Tuesday, January 15, 1974, at 7:00 p.m. in the Council Chambers. Those present were: Mayor James E. Mangum, Chairman; Councilmen: Merrill Gappmayer, Harley Gillman, Dixon Larson, LeRoy Walker, and Glen Zimmerman; City Manager, Earl Wengreen; Assistant City Manager, Ned Briner; City Engineer, Russ Brown; City Attorney, Frank Butterfield; Public Works Director, Charles Call; City Planner, Randall Deschamps; Director of Finance, Lamont Royer; Zoning Administrator, Harvey Pace; Fire Chief, Arnold Long; Police Chief, James Simmons; and Secretary, Estelle Rigby.

Others present are as listed:

Richard DrakePornography

Harold BabcockPornography

Jim SimmonsGeneral Interest

Mike RawsonKIXX News

Leon Frazier, Jr.Orem – Geneva Times

Brent SumnerOrem – Geneva Times

Del ReinholdOrem Jaycees

Karl ShemenskyOrem Jaycees

Michael JarrettOrem Jaycees

Dan CroftDaily Herald

Elsie WildingPornography

John MullmerGeneral Interest

Kathryn R. KoffordGeneral Interest

Doug CameronSchool Assignment

Ellen McIntyreSchool Assignment

J.N. WashburnPornography

Ferron L. AndersenPornography

Rex HallSchool Assignment

Clyde E. WeeksGeneral Interest

Ernel AndersonArt Board

Max WeaverArt Board

Gary SmithArtist

Beverly CotantOrem Boosters

Vera NielsonOrem Boosters

The meeting was opened with prayer by Mr. Gappmayer.

The minutes of January 8, 1974 were corrected. Mr. Zimmerman moved that the minutes be approved as corrected. Mr. Larson seconded the motion which carried.

Mr. Gillman moved that the minutes of the Oath of Office for the newly elected officials be made a part of the permanent minutes. Mr. Zimmerman seconded the motion which carried.

Mrs. Beverly Cotant and Mrs. Vera Nielson of the Orem Boosters discussed picking a candidate for Mother of the Year. Mr. Gillman moved to give the Boosters the Council's support and let the Boosters decide whether they have sufficient time to proceed with the project and to allocate $100 for expenses. Mr. Gappmayer seconded the motion which carried.

Mr. Richard Drake, Chairman of the Anti-Pornography Committee for the LDS Church thanked the City Council and the City Attorney for their efforts to combat pornography. He also presented petitions with 441 signatures from citizens who are opposed to the sales of the pornographic material especially "Penthouse Magazine". Mr. Drake also mentioned that Last Tango in Paris is being sold in another store and that he is in the process of obtaining a complaint against the store.

Mr. Gappmayer moved that Mr. Gillman be appointed Mayor Pro Tem. Mr. Zimmerman seconded the nomination. Mr. Walker moved that nominations be closed and Mr. Gillman be appointed by acclamation. Mr. Larson seconded the motion. The voting was unanimous. Mr. Gillman moved that the office of Mayor Pro Tem be rotated every six months. Mr. Walker seconded the motion which carried.

TheMayor made his recommendations for committees for the Councilmen. They are as follows:

Harley GillmanUtah Valley Transportation Committee

Educational Aid Committee

Scera Board Representative

Glen ZimmermanAmbulance Fund

Library Board

Educational Aid

Orem Boosters

LeRoy WalkerPlanning Commission

Citizens for Decency

Council of Governments Land Use Committee

Dixon LarsonMetropolitan Water Board

Council of Governments Flood Control Committee

Solid Waste & Recovery Commission

Merrill GappmayerOrem Pride Committee

Art Advisory Board

Alta Ditch Board

Chamber of Commerce

The Mayor thanked Mr. Butterfield for his work on the Citizens for Decency and recommended that he be released from that committee. Mayor Mangum recommended that Mr. W. Lamar Mortenson be appointed to UVIDA. The Mayor has written to the standing committees requesting that they respond to whether or not they want to stay on the committee, but he has not yet received all the replies. Mr. Gappmayer moved to accept the recommendations of the Mayor for appointments to the committees and write a letter of thanks to Mr. Butterfield. Mr. Walker seconded the motionwhich carried.

Mr. Walker moved that the Council write a letter of thanks to Mayor Crawford and Councilman Bailey and officially release them from their positions on committees. Mr. Gillman seconded the motion which carried.

Mr. Gillman moved that the Mayor be authorized to sign the County Fire Mutual Aid Agreement. Mr. Zimmerman seconded the motion which carried.

Mr. Zimmerman presented a proposal for delinquency prevention in North Utah County. He stated that Police Chief Simmons and he prepared a proposal for LEPA concerning delinquency prevention. Orem City would supervise this program. The application was presented to Region Four LEPA in December and approved and it was given number one priority. It will cost approximately $47,000. Chief Simmons and Mr. Zimmerman met with Dan Peterson of the Alpine School District who also approved of the program. Mr. Zimmerman stated that they need the approval of Lehi, American Fork, and Pleasant Grove. Once these cities have approved the application it will go to the state for final approval. When the State approves the application, four officers will be hired, and two police cars will be utilized. They also need to meet with Mr. Wengreen to check on office space in the Orem City Center Building for the project. The project is for young people between 8 and 14 years of age. This program is a half-way house type project where the officers will work with the family and the individuals to help them before other offenses are committed.

Mr. Zimmerman reviewed with the Council the progress that has been made on the ambulance fund drive. Mr. Zimmerman stated that the committee is nearing obtaining the amount needed for the new ambulance. Mr. Zimmerman moved that Chief Long and Mr. Wengreen be permitted to formulate plans for the acquisition of a new ambulance. Mr. Gillman seconded the motion which carried.

Police Chief Simmons discussed with the Council the proposal to establish a subcommittee that would be a liaison between Committee of Police Chiefs and the City Councils. Mr. Gillman moved that the decision on this should be tabled for two weeks to allow the Council time to review the proposal before making a decision. Mr. Zimmerman seconded the motion which carried.

Mr. Max Weaver from the Art Board met before the Council to discuss the proposal of a mural for the City Center. The mural would be funded from the National Endowment Fund for the Arts and therefore would not cost the City anything. Mr. Gary Smith a mural painter presented ideas that he has prepared for other locations in the area. The length of time to complete the projectwould depend on when funds were made available from the National Endowment Fund. Mr. Larson moved to support the action of the Art Board and give them authorization to proceed. Mr. Gappmayer seconded the motion which carried.

Mr. Gillman was excused from the meeting to attend Scera Board meeting.

Mr. Gappmayer presented his recommendations regarding the problem on 800 east. It reads as follows:

In regard to the assignment given last week concerning the 800 East Improvement, I have found the following information helpful in analyzing this situation:

  1. In talking with Roger Dudley of Aspen Engineering and consulting with Russ, Ifind no error on the part of either engineering firm in regard to either the first design for the sidewalk (March 22, 1973) or the revised design in which both firms met on the site by Mr. Clegg's request and determined the feasibilityof the new grades. (About Sept. 5th). See following letter from Aspen Engineering.

January 14, 1974

Orem City Council

Orem City Center

56 North State

Orem, Utah 84057

Gentlemen:

At the request of Councilman Merrill Gappmayer, we are writing this letter to explain our involvement in the engineering of a section of curb, gutter and sidewalk at approximately 850 North 800 East in Orem.

With reference to the above mentioned engineering our records indicate the following:

1. On March 20, 1973 we were retained by Clegg Realty Company to stake and design sidewalk grades for four lots facing 800 East Street. These grades were subsequently submitted and approved by the Orem City Engineering Department for construction.

2. On September 5, 1973 we were again retained by Clegg Realty Companyto restake three of the above mentioned lots for construction of sidewalk and curb and gutter. The grades for said sidewalk were engineered to match those grades previously submitted on March 20, 1973. These grades were again approved by Orem City Engineering Department.

3. Several days later we received a request by Carl Clegg to meet with Russ Brown to re-design a section of said curb and gutter so that it would match more closely to an existing driveway. Bing Christensen and Roger D. Dudley, of our firm, met with Russ Brown and Jim Denney of the Orem City Engineering Department on the site, and there determined that Mr. Clegg's request was possible. We then revised and re-submitted our grade sheets, which were approved by the Orem City Engineering Department.

4. Please note that the grades were re-designed pursuant to a request by Mr. Clegg and not because of an error in the engineering of the original grades.

5. We later learned through Mr. Clegg that the change in design had required the removal of several yards of fill material which Mr. Clegg had hauled in at his expense. Aspen Engineering offered to share the cost of removing the excess material from the site. However, Mr. Clegg felt that Aspen Engineering was not responsible for the excess fill or the costs thereof.

Should you have need for copies of our engineering drawings with reference to this job, please feel free to contact this office.

Sincerely yours,

Clyde R. Naylor, President

Roger D. Dudley, Vice President

Bing Christensen, Secretary-Treasurer

The problem seems to stem from the fact that the house sitting on Lot 78, the south lot of the four, is at an elevation of 2.4 inches above the first designed sidewalk and the owner wanted a greater slope from his foundation to the sidewalk. It is important to note that this house is 17 inches lower than the next house north. As best as I can determine, this is the error which has created the problem. Although the sidewalk grades had been available for over a month, whoever established the foundation grade for the house failed to consult them and placed the house too low. Foundation grades are normally set by the builder or owner.

  1. In regard to the question as to who is responsible for the cost of improvements on this site, I have the following information: Clegg Realty was receipted for $1200 for the Bond on the properties in question. This indicates that Firm's recognition of responsibility for improvements on the site. As to whether they accepted the entire responsibility for the fire hydrant, asphalt, cross pipe, and sidewalk, curb and gutter, I don't know. This question must be resolved between Mr. Clegg and Mr. Stubbs, who represents the Stratton properties. As a point of information, I discussed this situation with Mr. Charles Anderson whose name is on the preliminary plat and he tells me that the price concessions were made toClegg Realty because they had agreed to complete the improvements.
  1. Specifically Mr. Clegg was concerned about the drainage pipe across the roadwhich became necessary after the sidewalk revision was made to fit the south house elevation. I talked with several builder-developers doing business in Orem, to get their feelings without including the name of the firms involved.

I talked with Wayne Mills, Larry Price, and Dwayne Herbert and all seemed to feel that although they would like to have someone else pay for the cross gutters in their developments; they have always paid for them and feel that this is fair and equitable as long as all are required to do the same. I, asa builder-developer in Orem concur with this feeling.

The Preliminary Plat of this entire area shows a drainage pipe two lots south of Mr. Clegg's involvement at proposed 840North Street and had the original sidewalk grades remained this cross pipe would have carried away the drainage and would have been the responsibility of the developer to the South. Because of this, Mr. Clegg may have some recourse with the original developer, but I feel that this does not fall within the responsibility of Orem City.

  1. Another point of discussion which I feel must be included in this report is the allegation of incompetency in our engineering department.

As I talked with the Builders and Developers about the problems I asked their opinion of the service provided by Rollins, Brown, and Gunnell as consulting engineers in Orem. Their comments were complimentary in every way.

You can see by way of Aspen Engineering's second letter that they are very comfortable working with Russ.

January 14, 1974

Orem City Council

Orem City Center

56 North State Street

Orem, Utah 84057

Gentlemen:

As per request by Councilman Merrill Gappmayer, we are writing this letter to express our feeling with regard to the Orem City Engineering Department.

It has been our experience to find Russ Brown and his staff most cooperative in every instance in which we have had occasion to work with them.

We have no question with regard to their ability as engineers or their handling of engineering affairs within Orem City.

Sincerely,

Clyde R. Naylor, President

Roger D. Dudley, Vice-President

Bing Christensen, Secretary-Treasurer

Because of statements credited to Parley Neeley, I called him and his father, of Neeley Engineering Associates, and they denied having discredited our engineering department. They claim to have a fine relationship with Russ and credit him with good service to the City and those dealing with the City. (See following letter.)

January 15, 1974

Orem City Corporation

Orem, Utah 84057

Attention: Councilman Merrill Gapmire

Dear Sir:

During a telephone conversation of Monday, January 14, you indicated that in a public meeting certain statements of a derogatory nature directed toward the Orem City Engineering Department ware attributed to this firm. Please be advised that we have never made statements of this nature about the Orem City Engineers or any other engineering firm. I understand that these statements were made by Mr. Carl Clegg of your city; however I feel that perhaps he was misunderstood. We have had conversations with Mr. Clegg concerning a situation in Orem; the main points of this conversation are outlined below.

Mr. Clegg asked me if engineering firms were responsible for the accuracy of their design. I told Mr. Clegg that responsible engineers do stand by their engineering designs, and expect to defend them if called upon to do so. A mitigating circumstance such as the construction of the works not being according to the design would relieve the engineering firm of responsibility if he had no control over the construction of the works.

Mr. Clegg asked me if a city approved a consulting engineers design and the works were constructed according to the design, and subsequently the city required the works to be altered, would the city then have some financial responsibility in revising the works. To this questions I answered in the affirmative

Mr. Clegg then asked me if we had any problems with Orem City Engineers relative to the availability of personnel to make decisions in a reasonable amount of time.

I told Mr. Clegg that this situation had occurred on several occasions. It was my opinion that the engineering needs of Orem City and their citizens would best be served if a full time office manager under the direction of the city engineer would be installed in the office with authority to make decisions. This manager along with a full time secretary would be able to make and keep appointments and give decisions, which is not possible under the present work load carried by the city engineer.

If you have any questions regarding this matter, please contact me.

Very truly yours,

Parley M. Neeley

President

PMN: sh

cc:Carl Clegg

℅ Clegg Realty

The only problem they mentioned was that inherent to having a consulting firm rather than afull-time engineer, Russ could not be available to them all dayevery day.

In regard to the Bill alleged to have come from the engineering department please see following copy of an estimate of costs submitted to Mr. Clegg by James Denney of the engineering department.

December 26, 1973

TO WHOM IT MAY CONCERN:

Enclosed please find a copy of the estimate for the bond required to complete the improvements on Lots 78, 79, 80, and 81 of Bela Vista Subdivision. As you note, the total bondrequired is $2,023.00.

If you have any questions regarding this estimate, please contact the engineering office.

Yours very truly,

OREM CITY CORPORATION