OREM CITY CORPORATION
COUNCIL MEETING MINUTES
City Council Chambers
February 24, 1976
7:00 PM
CONDUCTING: Mayor James E. Mangum
ELECTED OFFICIALS: Mayor James E. Mangum; Councilmen Lee Bamgartner, Merrill Gappmayer,Harley Gillman, and Glen Zimmerman.
EXCUSED: Councilman Wayne B. Watson
APPOINTED STAFF: City Manager Albert E. Haines, AssistantCity Manager Barry Bartlett, FinanceDirector Alan Homer, City Engineer Russ Brown, Community Development DirectorRandy Deschamps, Public Works Director Jack Jones, Judge Joseph Dimick,City Attorney Frank Butterfield, Police Chief Gerald Nielson, and SecretaryKathleen Stewart.
Others present were as listed:
Nicoles H. SmithKOHS Pubilc AffairsDavid ComishLighting District
Dennis CambridgeOrem-Geneva TimesMrs. Dick LukeInterested
Lynn TiltonDaily HeraldDick LukeInterested
Deborah RodneyInterestedH.B. SummerInterested
David E. JarvieInterestedMarieRidgeLighting District
Dorothy LundquistInterestedRalph W. RidgeLighting District
Ernest B. FaulconerInterestedLynn MinerLighting District
Lois C. FaulconerInterestedJane PenrodLighting District
Dorothy H. WeightLighting DistrictChesterDavis Jr.Lighting District
Blends JohnsonLighting DistrictAfton DavisLighting District
Thaola TuckerLighting DistrictGlenna GrunnigLighting District
Joseph J. ValdezLighting DistrictMax 0. GrunnigLighting District
Carl R. GordonLighting DistrictMyrna MuhlesteinLighting District
Jane CunninghamLighting DistrictVerl MuhlesteinLighting District
George CunninghamLighting DistrictCharles TophamLighting District
Edwin E. HuhtalaLighting DistrictRichard E. CarruthLighting District
Owen PierceLighting DistrictVernonGreenlandPlanning Commission
Florine PierceLighting DistrictThomas PillarLighting District
Kay KoffardLighting DistrictJoe SquireLighting District
Kerry KorrardLighting DistrictCharles H. SmithLighting District
Irvin G. WilkinsonLighting DistrictAlice ClarkLighting District
M.J. HillLighting DistrictMary E. PawlowskiLighting District
Earl A. EdwardsLighting DistrictReinhold PawlowskiLighting District
Harvey ShinkleLighting DistrictCarroll MorrisLighting District
Donald L. UrishLighting DistrictNoel L. SwainLighting District
Mark SheeleyLighting DistrictArlen R. GoodrichLighting District
Nadine AndersenLighting DistrictMrs. R. B. AdamsLighting District
Renee HepworthLighting DistrictRonald B. AdamsLighting District
LaVerne SheeleyLighting DistrictGary D. FordHousing
Jack W. LewisLighting DistrictR. K. AllenStudent Housing
Hazel S. LewisLighting DistrictSherman L. ClowardAnnexation
Bill ForsythScoutingArden G. KitchenAnnexation
Floryne ForsythInterestedEarl WengreenAnnexation
James M. HuntLighting DistrictRoss ViehwegInterested
INVOCATION: D. Alan Homer, Director of Finance.
The Council considered the minutes of the 10 February 1976 Council meeting. A motion to approve the minutes as corrected was made by Councilman Gillman and seconded by Mr. Gappmayer; motion passed unanimously.
MAYOR & COUNCIL
Appointments to Art Advisory Board (Mr. Bamgartner)
Councilman Lee E. Bamgartner informed the Mayor and Council that he had no recommendations for appointments to the Art Advisory Board at this time.
Appointments to Public Safety Council (Mr. Zimmerman)
Councilman Glen Zimmerman informed the Mayor and Council that his recommendations on appointments to the Public Safety Council would be ready for the next council meeting.
Appointments to Board of Appeals
As councilman Wayne Watson was excused from council meeting, Mayor Mangum tabled the recommendations on appointments to the Board of Appeals until next council meeting.
Special Improvement Lighting District #12
Public Works Director Jack Jones presented for recommendation to the Council the proposed Lighting District Number 12. DISCUSSION: Mr. Jones informed the Council that since the public meeting held January 24, 1976, on the Lighting District in the south section of Orem (which, if created, would be #12) Engineering had plotted the votes of those who attended the meeting and voted, as well as those votes from people who had written in. Of the 400 properties in the proposed district, 156 properties voted in favor and 5 opposed to the district. MOTION: Councilman Merrill Gappmayer moved that the City Council accept the boundaries as proposed and authorize the completion: of engineering work on the proposed Lighting District Number 12. The motion was seconded by Mr. Bamgartner and passed unanimously.
Council Reports
Councilman Gappmayer informed the Council that on Monday evening of 23 February he attended the "Mix and Mingle Tea" sponsored by the Orem Boosters and held as a get-acquainted gathering for the Miss Orem candidates.
Councilman Gappmayer related the suggestions of some members of the Chamber of Commerce of uniting various organizations in the City to form a coordinating council in order that various projects attempted by individual service groups may receive stronger and more unified support.
Mayor Mangum reminded the Council of the League of Cities seminar to be held on March 5 and 6.
Job Description - Chief of Police
City Manager Albert Haines recommended Council approve the attached job description for the Chief of Police position. Mr. Haines informed the Council that although the Manager's Office is presently conducting a classification review of all existing City positions, and under ordinary circumstances the attached job description would be included within a final document, the absence of an existing applicable job description in advertising for the Police Chief position necessitates immediate consideration by the Council. He further explained that the approval of a job description for the position would be necessary in formulating the guidelines for interviewing and finally selecting a new Chief. MOTION: Councilman Zimmerman so moved that Council approve the job description for the Chief of Police position. After the motion Mayor Mangum made the suggestion to have the description put in the minutes, Mr. Zimmerman amended his motion that the job description be attached to the minutes. The motion was seconded by Mr. Bamgartner and passed unanimously. (See following page for description)
License Renewals
City Manager Albert Haines made the recommendation that the City Council approve the renewal of the Class B Beer and Class A Cabaret license applications for the six-month period ending June 30, 1976, and issue 'to Fred's Lounge at 826 North State and to the Calypso Lounge at 1182 North State. DISCUSSION: Council briefly discussed the license application renewals as especially related to the times of their expiration dates and information concerning ownership and/or management. MOTION: Councilman Merrill Gappmayer made the motion that Council approve Class B Beer and Class A Cabaret licenses for the six-month period ending June 30, 1976, to be issued to Fred's Lounge at 820 North State and to the Calypso Lounge at 1182 North State; and that Council instruct the Police Chief to determine if misinformation had been given in regards to the ownership and management of businesses. Council further discussed briefly the penalty for continuing operation of businesses without a license and the steps needed to be taken by the City in such cases. Mr. Gillman seconded the motion which passed unanimously.
1976-77 Budget Calendar
City Manager Albert Haines made a brief presentation to the Council concerning the 1976-77 Budget Calendar. Mr. Haines explained that the budget, when adopted, should place before the residents of Orem a clear and concise summary of services that are to be rendered by the city. He also informed the Council that he had met with the departments last week in a meeting concerning the budget calendar where it was emphasized that the major thrust in the process would be that explanations should center on program goals and operational objectives as well as the end results to be accomplished. The Council was also informed by Mr. Haines that tentative meetings had been scheduled in the elementary schools throughout Orem during March to present a list of program objectives and service level needs to the citizens. Input received from these neighborhood budget meetings would be used to help formulate the final city budget to be adopted in June. DISCUSSION: Council discussed this matter and were in support of the City Manager's recommendations and outlines concerning the budget calendar. MOTION: Councilman Gappmayer made the motion that Council so authorize City Manager Albert Haines to set up meetings at the various elementary schools throughout the city of Orem for the benefit of gaining input from the citizens as well as providing information in relationship to the City's 1976-77 budget calendar. The motion was seconded by Mr. Zimmerman and passed unanimously.
Court Recommendations
City Council considered the resolution for budgeting money to provide fees for court appointed indigent counsel as petitioned by Joseph I. Dimick, City Court Judge. It was recommended that the resolution budgeting $6400 for the funding of court appointed counsel for indigent criminal defendants in jeopardy of incarceration be passed by City Council. City Manager Albert Haines introduced Mr. Gary Meikle to the City Council and explained that Mr. Meikle was presently working with Judge Dimick on a temporary basis on various projects, one of which was the Municipal Court recommendations for funding court appointed counsel for indigent defendants. Mr. Meikle explained to the Council that recent federal cases had imposed an obligation to provide counsel to criminal defendants who are indigent and in jeopardy of incarceration. He stated that Orem City Court at present is totally unable to appoint counsel in appropriate cases; this makes it impossible to try these individuals so long as counsel cannot be afforded and otherwise impairs the ability of the court to impose meaningful sentences. He further stated that the resolution budgets the monies, provides a method for approving money prior to actually payingout, and would fulfill OremCity's constitutional obligation to indigent defendants. DISCUSSION: Council pursued the legal aspects and obligations of this matter for some time with Mr. Meikle and Judge Dimick offering their opinions. Council agreed that more time was needed in order to gain further information and insight into the resolution, as especially related to the establish¬ment of guidelines in determining the definition of indigent and how counsel might be appointed. MOTION: Mr. Gappmayer made the motion to table this discussion for thirty days in order. to allow further study by the City Manager. The motion was seconded by Mr. Zimmerman and passed unanimously.
CHIEF OF POLICE
NATURE OF WORK
This is highly responsible supervisory and administrative work inplanning, organizing and directing all activities of the Police Department.
Work involves responsibility for the administration and coordinationof all Police Department activities; the establishment of departmental policies, procedures and regulations within the limitation of laws, regulations and policies from higher authority. Work also includes the preparation of the annual budget. Supervises directly or through subordinate supervisors all employees of the Department. Work is performed under administrative direction of the City Manager and is reviewed primarily in the broad interest of insuring the public safety for OremCity.
EXAMPLES OF WORK
Directs all the criminal, civil, and administrative activities of the department.
Formulates and administers department policy.
Approves training plans and programs for the Department and maintains maximum efficiency.
Assumes responsibility for the protection of all city, business, and residential property.
Assumes responsibility for the administration of applicable sections of the Orem City Code.
Assumes responsibility for the serving of warrants and other related documents as directed by the Municipal Court.
Maintains liason with the heads of other law enforcement agencies, both interstate and intrastate, as well as other business and government agency heads.
Directs and supervises all departmental employees to include the scheduling of activities and the evaluation of performance.
Conducts interviews of and performs final review on new applicants for line, staff and support positions within the department.
Directs the preparation and analysis of departmental records and reports to secure efficient operation, to meet service demands and to comply with authorized requests for information regarding departmental activities and personnel.
Attends national, regional, state and local conferences, conventions
and other meetings to keep abreast of modern police methods and administration.
Addresses civic clubs and other groups regarding the activities and programs. of the Police Department to explain and promote public understanding of its operations.
Performs related work as required.
REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Thorough knowledge of modern police methods, practices, and techniques.
Thorough knowledge of applicable federal, state, county, and municipal laws and ordinances.
.Thorough knowledge of court practices and procedures.
Thorough knowledge of the functions and objectives of other federal, state and local law enforcement agencies.
Ability to analyze complex police problems.
Ability to plan, assign, instruct, supervise and direct the work of a staff of employees engaged in carrying out the criminal justice functions of a law enforcement nature.
Ability to express ideas clearly; orally and in writing.
Ability to establish and maintain effective working relationships with civic and official groups and the public, as well as to command and hold the respect and discipline of subordinates.
QUALIFICATIONS
Considerable experience in law enforcement and crime prevention work, including five years at rank of lieutenant or equivalent.
College degree preferred, but will substitute a combination of college level coursework in law enforcement with work experience.
Public HEARING - Special Improvement Light District #6
It was recommended to the City Council that they consider the renewal of Special Lighting District #6, as the present agreement expires on 26 February 1976. It was also noted that should the Council so determine, the costs as indicated would be applied to the three sections of the district, lighting district #6 would be renewed for a ten-year period, and it would be renumbered to Lighting District #11 to include the Laguna Vista subdivision. Mayor Mangum welcomed the public to the meeting and asked that those who wish to speak wait for recognition from the Chairman. Before any citizens voiced their opinions, Mayor Mangum asked City Engineer Russ Brown to briefly explain the proposals as especially related to the three different sections in the lighting district #6. Council then listened to the opinions concerning the proposed renewal of the lighting district of the following individuals:
Mr. Raymond McPherron protested the proposed lighting in the Laguna Vista District, stating that he believed this action would draw more attention the the area while not helping in the prevention of crime; he also expressed his feelings that the proposed cost assessment is not fair.
Mr. Ernest Faulconer commented that he was in favor of the proposed lighting district, especially since the lights would be helpful in the prevention of minor vandalism.
Mr. Thomas Pillar stated that he felt six lights on one street were too many; he also said that he was not anxious to have lights shining in his windows all night.
Mrs. Jean McPherron agreed that six lights on one block were too many., especially considering the fact that most of the homes in the Laguna Vista subdivision are situated and created for view lots.
Mr. Dave Comish asked whether any studies had been conducted concerning decrease in crime as related to lighting. Acting Police Chief Gerald Nielson responded to the question stating that, although there are no figures for Orem, there is a general reduction of minor vandalism across the nation with the addition of adequate lighting.
Mr. Verl Muhlestein protested the additional levy on the lighting district; he added that he felt the citizens had been misinformed ten years ago when the district was first set up.
Mr. Richard Carruth disagreed with the feelings of Mr. Muhlestein concerning the arrangements made ten years ago; he said it was his understanding that after ten years the lighting district would have to be renewed. Mayor Mangum made a brief explanation concerning the agreements that are entered into by the citizens with both the City of Orem and Utah Power and Light, stressing that the City simply leases the poles.
Carroll Morriss expressed his favor for the proposed lighting district, but added that six lights are too many for one block.
Mr. Jim Hunt explained that he initiated the petition and supports it as well.
Mr. Charles Topham indicated his interest in the maintenance of the old lights as opposed to the installation of new lights. City Engineer Russ Brown responded to Mr. Topham's inquiries.
Mr. Carl Gordon asked if City Council has any record of the agreement made ten years ago wherein the property owners would have to pay only for the initial contract period; thereafter the costs would be absorbed by the City. City Recorder Alan Homer informed the Council that he had read through the minutes and found nothing to construe the meaning of that kind of an agreement.
Mr. Laird Billings informed Council that he had entered into an agreement with Utah Power and Light separate from the present lighting district and wanted if possible to keep that contract with them rather than be included in the lighting district, but that in any event he did not want to lose the lights; he also recommended using the higher lumen light.
Mr. Irvin Wilkinson related his understanding of the agreement ten years ago (that the City would take over payments), and said he felt Council should honor that agreement.