HomeMy WebLinkAbout1989-01-16city council minutesBook 30 Page 11
REGULAR MEETING
January 16, 1989
7:30 p.m.
The Meeting was called to order by Mayor Peter B. Cowles.
The Mayor requested that everyone stand for the Pledge of
Allegiance to the Flag.
The roll of the City Council was called with the following
members present: Raymond, Winder, Houchins, Mallea, Jarboe,
and Straight. Absent: none.
(ADDITIONS TO THE AGENDA)
The Mayor requested permission from the City Council to add
an item No. 4 under Old Business. This item was regarding
the monies for the snow removal during the last week, it was
suggested that the money be taken, out of contingency and it
was necessary for Council approval to do so.
(AUDIENCE PARTICIPATION)
Dave Kerrick was recognized by the Mayor and introduced
members of Scout Troop 221. He explained that they were
working on Communications Merit Badge.
(CONSENT CALENDAR)
The Mayor presented several items on the Consent Calendar for
consideration of the City Council as follows: Dispense with
the reading of the minutes of the Regular City Council
Meeting of January 3, 1989, and approve them as written;
acceptance of the minutes from the Library Board Meeting of
December 8, 1988, the Planning and Zoning minutes of December
21, 1988, the Senior Citizen's Board meeting of December 12,
and the 19th, 1988, and the Historical Commission meeting
minutes; requests for Catering Permits which included the
Northwest Food Service at the College of Idaho on February
24th and May 10th, the Corral for the Basque Dance at
O'Connor on the 21st of January, and for a Costume Party at
Voorhees Hall on the 20th of January; and acknowledgment of
Economic Development Report.
MOVED by Raymond, SECONDED by Straight to approve those items
included on the Consent Calendar.
Roll call vote. Those voting yes: Raymond, Winder,
Houchins, Mallea, Jarboe, and Straight. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
OLD BUSINESS
(PUBLIC HEARING REGARDING BILL NO. 29 - ALARM SYSTEMS)
The Mayor explained that this was not a Public Hearing
required by State Law so it would not be necessary to sign up
to speak. He further stated that he would ask anyone
requesting to speak to limit their comments to a reasonable
amount of time and that they approach the podium so their
remarks will be on tape.
Chief of Police, Bob Sobba, was recognized by the Mayor and
gave a brief summary of the problems involved and the purpose
of the Bill that was under consideration. Several citizens
in the audience addressed the City Council including Keith
Cragun working for A.D.T. Security Co.; Sgt. Monson
representing the National Guard Armory; Camilo Lopez of
Caldwell; Jim Miller of Fruitland representing Intermountain
Alarm; Van Burnett, 1004 East Ash; Allan Hart, representing
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Page 12
AHart Alarms; Buford Winters, 2112 College; Gary Kildow, and
Ron Crane, Representative of the State Legislature.
The City Council asked a number of questions and the
discussion was lengthy. The tape will be held in the Office
of the City Clerk for six months and is available for anyone
caring to listen to the discussion.
After the discussion, the Mayor asked the City Council what
action they cared to take at this time. It was then MOVED by
Jarboe, SECONDED by Houchins that this particular Ordinance
be considered at the February 6, 1989, meeting as a third
reading and be acted upon at that time.
The Bill was then read by title only as follows:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, STATE OF IDAHO, BY DELETING AND ADDING CERTAIN
LANGUAGE IN SECTION 1, CHAPTER 22, TITLE IV PERTAINING
TO DEFINITION AND ADDING NEW SECTIONS 8, 9, 10, AND 11
OF CHAPTER 22, TITLE IV PERTAINING TO EXTERIOR ALARMS,
DIALER ALARM, TESTING AND ALARM MONITORING EQUIPMENT IN
DISPATCH CENTER: REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT
The Mayor then asked for a roll call vote. Those voting yes:
Jarboe, Straight, Raymond, Winder, Houchins, and Mallea.
Those voting no: none. Absent and not voting: none.
MOTION CARRIED
(PUBLIC HEARING REGARDING BILL NO. 1 - CROSS CONNECTION CONTROL)
Mayor Cowles asked Randy Dearden, the Water Superintendent,
to give a brief summary of this Bill. Mr. Dearden informed
the City Council that his presentation would demonstrate what
could potentially happen in Caldwell if a major fire broke
out near the hospital. With the help of the overhead
projector and slides, Mr. Dearden demonstrated the possible
backflow into their system. A representative from the West
Valley Medical Center, Rick Watts, was in attendance and was
the only person to speak pertaining to the proposed Bill.
After some discussion among the City Council members, the
Bill was read by title only as follows:
AN ORDINANCE OF THE CITY OF CALDWELL, AMENDING TITLE
III, CHAPTER 3A, OF THE CALDWELL MUNICIPAL CODE, BY
PROVIDING ADDITIONAL SECTIONS 3- 3A--34 THROUGH 3- 3A -41,
PROHIBITING CROSS CONNECTIONS TO THE WATER SUPPLY SYSTEM
OF THE CITY OF CALDWELL, DECLARING SUCH CROSS
CONNECTIONS TO BE A NUISANCE, AND PROVIDING FOR THE
ABATEMENT THEREOF ANDPROVIDING A PENALTY FOR THE
VIOLATION OF THESE SECTIONS.
MOVED by Raymond, SECONDED by Straight that this be
considered the second reading of Bill No. 1 and that the
third reading be scheduled for the February 6th Regular
Council Meeting.
MOTION CARRIED
(THIRD READING OF BILL NO. 30 - REZONE OF PROPERTY AT CENTENNIAL
AND CHICAGO)
The Planning and Zoning Director informed the Mayor and City
Council that she did not receive any further comments or
information with regard to this Bill.
The Mayor read the Bill by title only as follows:
AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY
WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -2FT MEDIUM
DENSITY RESIDENTIAL (MOBILE HOME AND FLOODPLAIN OVERLAY
Book 30 Page 13
ZONES) TO C -3TF SERVICE COMMERCIAL (MOBILE HOME AND
FLOODPLAIN OVERLAY ZONES); DETERMINING THAT SAID CHANGE
IN ZONING IS IN THE BEST INTEREST OF THE CITY OF
CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER TO
DESIGNATE SAID PROPERTY AS C -3TF SERVICE COMMERCIAL
(MOBILE HOME AND FLOODPLAIN OVERLAY ZONES) ON THE
OFFICIAL ZONING MAP; AND REPEALING ALL LAWS, ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH_
It was MOVED by Raymond, SECONDED by Winder to suspend the
rule requiring that a Bill be read in full for one reading
and that Bill No. 30 be passed after three readings by title
only.
Roll call vote. Those voting yes: Raymond, Winder,
Houchins, Mallea, Jarboe, and Straight. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Winder that Bill No. 30 be
passed and entitled Ordinance No. 1800.
Roll call vote. Those voting yes: Raymond, Winder,
Houchins, Mallea, Jarboe, and Straight. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(ADDITION TO THE AGENDA - PAYMENT FOR THE SNOW REMOVAL)
Mayor Cowles explained that on January 10th and January 11th,
an extensive snow removal campaign occurred. The private
sector was called in to help the City crews with the removal
of the snow. The total cost to some fourteen private
individuals and their equipment came to $13,112.50. This did
not include the cost of City personnel and equipment. At
this time, the Mayor stated that he would need action from
the City Council to allow this money to be taken from the
Contingency Fund of the General Fund for the City.
MOVED by Mallea, SECONDED by Houchins that the money in the
amount of $13,112.50 be taken out of the Contingency Fund of
the General Fund for the City to ,pay for the emergency snow
removal as designated by the Mayor.
Councilman Raymond commented that it was stated that these
individuals would be paid immediately. The Mayor stated that
he would request that they be paid by Thursday and the
Finance Director would be so directed. Mayor Cowles further
stated that he would ask that this be included as part of the
motion. Both Councilwoman Mallea and Councilman Houchins
agreed to this addition to the motion.
Roll call vote. Those voting yes: Mallea, Jarboe, Straight,
Raymond, Winder, and Houchins. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
NEW BUSINESS
The Mayor requested that the item on the Agenda pertaining to
the garbage increase be advanced to number one under New
Business so that Larry Peterson will not have to wait through
the items listed before.
(CONSIDERATION OF RESOLUTION FOR AN INCREASE IN GARBAGE RATES)
Mayor Cowles then recognized Mr. Peterson and asked him to
address the City Council and explain his request.
Mr. Peterson reported that the solid waste crews are very
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Page 14
dedicated and loyal people who work in Caldwell. Increases
in costs to do their business were incurring on a regular
basis. Their contract states that they have a right to
address the City annually and make a request for a rate
increase or decrease according to the C.P.I. It did increase
this year and therefore,they were requestiong a 3.6 percent
rate increase. At this time, Mr. Peterson said that he would
like to have the Council give this request their
consideration..
Councilman Jarboe read the Resolution as follows:
BE IT RESOLVED That the fees set forth in the
Petition attached hereto and made a part hereof as
though set forth in full are hereby adopted by the City
Council, City of Caldwell, Idaho, to be effective on
January 16, 1989.
MOVED by Jarboe, SECONDED by Mallea that the Resolution be
passed authorizing the increase in rates as requested on the
petition submitted by Browning - Ferris.
Roll call vote. Those voting yes: Jarboe, Straight,
Raymond, Winder, Houchins, and Mallea. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(PUBLIC HEARING ON REZONING OF PROPERTY ON WEST LOGAN - I.O.O.F.)
Mayor Cowles explained that this hearing involves the rezone
of property that was recently considered and approved for a
change in the Comprehensive Plan. The request was submitted
by the International Order of Oddfellows to accommodate
construction of an elderly housing residence. The Mayor
informed the City Council that only one person was signed to
speak with regard to this item. The Public Hearing was then
opened and Mr. Hogan was recognied by the Mayor.
Mr. Hogan stated that in surveying the property they found
the sewer was deeper than originally thought. Therefore,
they will be able to move the building more in a southerly
direction down the hill so that it won't hinder the view of
some of the neighboring homes. He also said that H.U.D. does
require that they automatically install devices to prevent
backflow as discussed during the cross connection hearing.
Mr. Hogan further informed Council. that they were looking at
a June 1st date for starting the project.
As there was no questions from the City Council, the Public
Hearing was closed and the Mayor asked for action. It was
MOVED by Raymond, SECONDED by Winder that Staff be directed
to prepare an ordinance rezoning the property to R -3.
MOTION CARRIED
(BILL NO. 2 - CORRECTING LEGAL DESCRIPTION IN ORDINANCE VACATING
BELMONT)
The Planning and Zoning Director explained that the Ordinance
was just recently recorded. When it was enacted, the Bill
was held pending a written legal description and an easement
dedicated for the sewer. At that time, the plan was to wait
for the snow to melt in order to find the man holes. The
Ordinance was recorded, but it was just found that the legal
description from the County was incorrect. They used Golden
Gate Subdivision rather than Original Townsite. Therefore,
it was necessary to pass this Ordinance to correct that
error.
Bill No. 2 was read by title only as follows:
AN ORDINANCE TO CORRECT A LEGAL DESCRIPTION AS PUBLISHED
IN BILL NO. 15, ORDINANCE NO. 1730, PASSED AND APPROVED
Book 30 Page 15
BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO,
THE 29TH DAY OF SEPTEMBER, 1986, WHICH ORDINANCE IS
RECITED IN FULL AS FOLLOWS WITH THE CORRECTED LEGAL
DESCRIPTION:
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT
VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL
BE MADE:
1) That part of Belmont Street (formerly 2nd Street
North) located between Blocks 61 and 57 of the Original
Townsite as shown on the Revised Map of Caldwell, Idaho,
filed July 29, 1891, and now on file and of record in
Book 1 of Plats, Page 20, records of Canyon County,
Idaho; and lying between North 12th Avenue (formerly 4th
Avenue East) and North 13th Avenue (formerly 5th Avenue
East). Said parcel is 80 feet in width and 300 feet in
length and contains 0.55 acres; and also,
2) That part of Belmont Street (formerly 2nd Street
North) located between Blocks 62 and 31 of the Original
Townsite as shown on the revised map of Caldwell, Idaho,
filed July 29, 1891, and now on file and of record in
Book 1 of Plats, Page 20, records of Canyon County,
Idaho; and lying between North 11th Avenue (formerly 3rd
Avenue East) and North 12th Avenue (formerly 4th Avenue
East). Said parcel is 80 feet in width and 300 feet in
length and contains 0.55 acres;
MOVED by Straight, SECONDED by Houchins to suspend the rule
requiring that a Bill be read at three separate times and
that the Bill be read for title only for the one reading.
6 Roll call vote. Those voting yes: Straight, Raymond,
Winder, Houchins, Mallea, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Straight, SECONDED by Raymond that Bill No. 2 be
passed and entitled Ordinance No. 1802.
Roll call vote. Those voting yes: Straight, Raymond,
Winder, Houchins, Mallea, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(BILL NO. 3 - VACATION OF BROCK BETWEEN ASH AND HAZEL)
The Planning and Zoning Director informed the Council that
she believed this Bill could be held for the three readings.
There was a Resolution also prepared stating the intent to
pass the vacating ordinance. For background; an application
was received from Erik and Mary Bry, 710 West Ash; John
Henry, 711 West Hazel; and Mery and Betty Flaming, 724 West
Ash to vacate the unopened portion of Brock Avenue lying
between Ash and Hazel Streets as platted in 1966 in West Ash
Addition. The reasons were that the unopened street collects
trash and weeds, is dusty, and is a gathering place for
teenagers to park and drink. The vacation requirements were
fulfilled as set forth in Idaho Code and a public hearing was
held on November 21, 1988, by the City Council and no
objections were heard.
The Mayor read the Bill by title only as follows:
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT
VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE
MADE:
The West 40 feet of Brock Avenue lying between West Ash
Street and West Hazel Street as shown on the Plat of
Book 30 Page 16
West Ash Addition on file in Book 8 of Plats at Page 7
in the Office of the Recorder of Canyon County, Idaho;
and also,
A 10 -foot parcel of land dedicated for right of way
purposes more particularly described as follows:
BEGINNING at the Northeast corner of Lot 7 of Block 3 of
said West Ash Addition; thence North 89 ° 51'30" West,
10.00 feet; thence South 0 "05'45" West, 280.00 feet to a
point which is on the North boundary line West Ash
Street; thence South 89"51 East, 10.00 feet; thence
North 0°05'45" East, 280.00 feet to the POINT OF
BEGINNING.
MOVED by Raymond, SECONDED by Houchins that this be
considered the first reading of Bill No. 3.
MOTION CARRIED
(ACCEPTANCE OF HISTORIC PRESERVATION MATCHING GRANT TO COMPLETE
SURVEY OF MATCHING GRANT TO COMPLETE SURVEY OF HISTORIC
PROPERTIES)
The Planning and Zoning Director, Mrs. Robison, explained
that the City recently received notification that a Grant for
$2,500 from the State Historic Preservation Office has been
approved. The matching Grant is to complete a historic
property survey and inventory for Caldwell. The intention is
to hire a professional consultant and a research assistant
to organize and prioritize information, some of which has
already been gathered. Information on identified properties
having historic significance will then be made available to
the public through the Public Library and City Offices. An
amount of $2,500 has been budgeted to match this Grant;
however, the Commission plans to match as much as possible
with in -kind services. The Agreement must be approved to
receive the Grant. The project will allow the City to finish
the historic survey and utilize the information for various
purposes.
MOVED by Mallea, SECONDED by Jarboe to accept the Historic
Preservation matching grant to complete survey of matching
grant to complete survey of historic properties.
MOTION CARRIED
(RESOLUTION TO AUTHORIZE EXECUTION OF HANGAR LEASE AGREEMENT WITH
JIM ACARREGUI)
The City Engineer stated that this was just a parceling out
of an existing hangar lease. The current hangar holds three
spaces and this one was the center parcel. The proposed
Lessee has provided proof of insurance and use of the hangar
is for personal use. It was a twenty year lease valued . at
ten cents a square foot.
The Resolution was read by Councilwoman Mallea as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND
JAMES F. ACARREGUI.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell, be and the same hereby are, authorized to
execute that certain Hangar Lease Agreement attached hereto
and made a part hereof as if set forth in ful l by and between
the City of Caldwell as Lessors and James F. Acarregui as
Lessee; and
BE IT FURTHER RESOLVED that payments required therein
be authorized by the City Council, City of Caldwell.
MOVED by Mallea, SECONDED by Houchins that the Resolution be
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Page 17
approved authorizing the execution of the Hangar Lease
Agreement between the City of Caldwell and James Acarregui.
Roll call vote. Those voting yes: Mallea, Jarboe, Straight,
Raymond, Winder, and Houchins. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(REVIEW OF BIDS FOR GRADER FOR THE STREET DEPARTMENT)
The City Engineer reported that both the Standard Grader and
an All Wheel Drive Grader were bid out. There was
significant benefits in going with the All Wheel Drive
Grader. It was, therefore, recommended that the bid be
awarded on the All Wheel Drive Grader from Cesco in the
amount of $74,750.00.
MOVED by Raymond, SECONDED by Straight that the bid for the
All Wheel Drive Grader for the Street Department be awarded
to the low bidder, Cesco, in the amount of $74,750.00.
MOTION CARRIED
(REVIEW OF BIDS FOR REMODEL OF FAIRVIEW CLUBHOUSE)
The City Engineer, Ron Redmond, stated that bids were opened
that morning on the Fairview Clubhouse Remodel. Three bids
were received as follows: Anthony Construction of Boise in
the amount of $15,071.00; Dave Allen Construction, of Nampa
in the amount of $17,113.00; and :Dale Thompson, of Nampa in
the amount of $17,349.00. After talking to the low bidder
and finding that his reasoning was sound in his low bid, it
was recommended that the bid be awarded to the low bidder,
Anthony Construction of Boise.
MOVED by Jarboe, SECONDED by Winder that the award go to the
low bidder, Anthony Construction of Boise, in the amount of
$15,071.00.
MOTION CARRIED
(ESTABLISH FEBRUARY 13, 1989, AS A SPECIAL MEETING TO ESTIMATE
FUNDS NECESSARY FOR THE CALDWELL MUNICIPAL IRRIGATION DISTRICT
FOR THE ENSUING YEAR.)
Mayor Cowles explained that State Law requires that the City
Council shall meet on the second Monday of February of each
year for the purpose of making an estimate of the necessary
funds for the expenses of maintaining, operating, improving,
extending and enlarging said City irrigation system for the
ensuing calendar year.
MOVED by Raymond, SECONDED by Winder that February 13, 1989,
at 12:00 Noon be established as a Special Meeting of the City
Council for the purpose of making the estimate of necessary
funds necessary for the irrigation district.
MOTION CARRIED
(REQUEST TO PURCHASE CONCESSION EQUIPMENT FOR THE EVENTS CENTER)
The Mayor explained that there existed an equipment reserve
account for the specific purpose of purchasing concession
equipment for the Events Center. The account requires
Council approval for the expenditures. It was proposed that
the City purchase a fryer for $250 and a grill for $500 and a
neon sign for $2,175.
MOVED by Winder, SECONDED by Mallea that the City Council
authorize expenditure of $2,925 for the purchase of the
fryer, grill, and neon sign for the concession stand.
MOTION CARRIED
Book 30
(FINANCIAL REPORT)
Page 18
Councilman Jarboe informed Council that he did review the
vouchers and all was in order. There was Accounts Payable in
the amount of $415,856.54; salaries of $197,270.04 with
fringe in the amount of $67,446.59 making a total of
$680,573.17.
MOVED by Jarboe, SECONDED by Winder that the bills be paid
and the vouchers filed in the Office of the City Clerk.
MOTION CARRIED
The Mayor stated that
if
any of the
Council Members had
questions with regard
to
the bills,
please submit their
concerns in writing to
his
Office. The
concern will then be
forwarded to Staff
and
a written
response will be
forthcoming.
(COUNCIL COMMENTS)
Councilman Raymond informed the Council Members that there
would be a calendar in the area where the Council information
boxes were. He would request that the Members write in on
the calendar any dates when they planned to be out of town.
Councilman Raymond also suggested to the City Council that a
Town Meeting be scheduled where all items would be discussed.
After considerable discussion, it was decided to postpone a
meeting until a later time.
Councilman Winder commented with regard to the Mayor's State
of the City Address saying that it was excellent. Councilman
Houchins, Councilwoman Mallea, and Councilwoman Straight also
commented positively regarding the Address.
Councilman Jarboe stated that he had one housekeeping item
that he would like to bring before the City Council. There
was one change on the golf fees that was not acted upon by
the City Council. This was the Trail Fee for both courses
which would cost $70.00 a year.
MOVED by Jarboe, SECONDED by Winder to approve the Trail Fee
of $70.00 for both courses.
MOTION CARRIED
Councilwoman Straight commented that she did hear some
positive comments about the snow removal.
(AGREEMENT WITH CONNOLLY AND SMYSER FOR CONDEMNATION PROCEDURES)
Mayor Cowles read the Resolution for this Agreement as
follows:
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL
SERVICES AGREEMENT BETWEEN THE CITY OF CALDWELL AND
CONNOLLY AND SMYSER, ATTORNEYS AT LAW.
BE IT RESOLVED That the Mayor of the City of
Caldwell, be and the same hereby is, authorized to
execute that certain Personal Services Agreement
attached hereto and made a part hereof as if set forth
in full by and between the City of Caldwell and Connolly
and Smyser, Attorneys at Law, for the purpose of
representing the City on condemnation procedures.
MOVED by Raymond, SECONDED by Mallea that the Resolution be
passed authorizing the execution of the Agreement with
Connolly and Smyser for condemnation procedures.
The Administrative Assistant explained that this was a
service offered over and above their normal contract. They
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Page 19
are allowed to come in with a proposal for your review. They
are intending to charge $95 an hour. This is compared to the
$50.00 an hour under the normal contract.
Councilman Raymond asked the City Engineer what the
Attorney's fees have been in the same projects at the Airport
in the past. Mr. Redmond answered that $95.00 was their
normal rate with no break. Prior to this time, by the time
you add the retainer, the normal rate is in the neighborhood
of $80.00 to $85.00 an hour. The $95.00 is their normal rate
and hopefully the City will get top priority by going with
their normal rate so that we won't get into situations as the
last time. For purposes of putting this Agreement together,
Mr. Redmond stated that he suggested that John Connolly use
his normal rate. This was because it was independent of
other City business.
Councilman Raymond then asked how this would compare in the
market place. It seemed to him that at a previous transaction
at the Airport, the City dealt with other attorneys. Mr.
Redmond said that he did not know what their other rate was,
but he did know rates of firms in other areas. He did not go
out and scan the market to see if this was representative or
not_ He talked with John Connolly and he indicated that this
was the normal rate. For comparison purposes, when the City
was pursuing bonding council, their hourly rate was $150.00
an hour. He did not know if this was what attorneys normally
receive or not.
Councilwoman Mallea asked if there would be another attempt
to settle the problem previous to going to litigation. The
City Engineer stated yes and that it was ongoing now. Mrs.
Mallea also asked if there was any kind of ceiling, any kind
of a lessor fee concerning ancilary personnel such as
clerks, typing - how does that figure into this amount. Mr.
Redmond answered that he thought it was all included. Mr.
Redmond informed Council that he could get a further
breakdown if they would so desire. The City was ongoing on
this matter and hopefully it can be solved without actually
going to court. If further clarification was requested, he
could discuss it with Mr. Connolly again.
Councilwoman Mallea also asked if there was any need for this
Agreement to be entered into at this time; was there any
prospects of legal action between now and the next City
Council Meeting.
Mr. Redmond answered that there probably would not and felt
there would be no harm in delaying. Councilwoman Mallea
stated that she would like more clarification if other
members of the City Council agreed.
Councilman Winder asked what it was that Mrs. Mallea wanted
clarified. Mrs. Mallea stated that she would like to know
if there was a ceiling on this, if the City would be first
with no delays as was experienced before, how the fee was
broken down - does the City pay $95 an hour for typing,
research and etc. She really did not know and would like
more clarification as it was a lot of money real fast.
Mayor Cowles stated that the Staff would be asked to meet
with the Attorney and have him break down costs associated
with this contract.
Councilman Winder also suggested that perhaps a method for
the City canceling their services could be included. There
was a clause in the Agreement where the Attorneys could
cancel, but no opportunity for the City to do so.
MOVED by Raymond, SECONDED by Mallea to table the previous
motion until the City Council Meeting of February 6, 1989.
Roll call vote. Those voting yes: Raymond, Winder, Houchins,
Mallea, Jarboe, and Straight. Those voting no: none.
Book 30 Page 20
Absent and not voting: none.
MOTION CARRIED
(REQUEST REGARDING ADDITIONAL SNOW PLOW)
The City Engineer, Mr. Redmond, was recognized by the Mayor
and requested to speak to the City Council regarding the
purchase of an additional snow plow. After the problems with
the snow covered roads last week, his Department has been
looking around for possibilities of improving the City's snow
removal capabilities. One method would be to purchase a
hydraulic plow that would be mounted on one of the City's
front end loaders. One unit would be about $4,950 installed.
Mr. Redmond further informed the Council that it was not a
budgeted item in this year's budget. If the City Council
agreed with this process, he would suggest taking $1,200 out
of miscellaneous equipment in the Street Budget, $2,000 from
minor equipment, and the remainder out of Special
Departmental Expense to pay for the plow.
There was some discussion among the City Council Members.
Councilman Raymond stated that he would have no problem in
making that purchase at this time. Mr. Redmond said that it
could be in operations in about four days.
Councilman Jarboe pointed out that this problem with the snow
removal happens every three or four years. It was periodic
and he felt that the equipment should be budgeted rather than
using the monies now budgeted for other things.
MOVED by Raymond, SECONDED by Houchins that the City Engineer
be authorized to purchase additional snow plow by taking
$1,200 from Miscellaneous equipment in Street Department
budget, $2,000 from minor equipment, and the remaining from
Special Departmental Expense as proposed by the City
Engineer.
Councilwoman Mallea stated that she did not believe that the
City Engineer would have asked for the equipment that was
presently budgeted in those areas if they were not needed.
She preferred to defeat the motion and then replace the
motion with one that the blade be bought from the General
Fund Contingency Fund.
The Mayor asked for a roll cal]. vote. Those voting yes:
Raymond, Winder, Houchins, and Straight. Those voting no:
Mallea and Jarboe. Absent and not: voting: none.
MOTION CARRIED
There being no further business, the meeting was adjourned at
10:00 P.M.
APPROVED AS
1989.
written THIS 61- DAY OF February
.&5-
Mayor
' j, - 711 C7
Councilperson Councilperson
Ca -sic " 1p n / Councilperson
Councilperson Councilperson
ATTEST:
,City Clerk(-/