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HomeMy WebLinkAbout1980-07-08city council minutesBook 21 Page 199 REGULAR MEETING July 8, 1980 12:00 Noon The Meeting was called to order by Mayor McCluskey. The Mayor asked that everyone stand and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Williams, Mallea, Hopper, and Carter. Absent: Raymond and Betts. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council at this time that was not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined on the prepared Agenda. OLD BUSINESS (SEWER DAMAGE COMMITTEE REPORT - MR. COTO) 'he Mayor stated that the first order of business under Old Business was the sewer damage committee report on Mr. Goto. The Mayor further commented that he Could read the letter received from Mr. Coto before the report was given by the Committee. The letter was as follows: This letter is being submitted for consideration regarding the payment for damages to our basement resulting from the recent back up of the City sewer line into our home_ I will attempt to be as brief as possible in the explanation of our situation, but I would like for you to be made fully aware of all its ramifications. Enclosed is a bill for cleaning services already rendered. The bathroom, a bedroom, family room and hall are all affected by the contamination. The floors and carpets have been disinfected and the damaged pad removed. The bedroom carpet has been so badly damaged that we have been advised to replace it completely. However, in order to keep expenses minimal and to submit a reasonable claim, we have opted to have only the damaged pad replaced and make the existing carpet suffice. Presently, the carpets are being allowed to dry, which may take up to a full week. At that time the new pad must be installed and the carpet put back in place. The cleaners have provided an estimate of the cost for this remaining work. Our house is on the market, which presents another problem, since we are unable to have it shown in its present condition. As you can see, this disaster has not only been a distinct health hazard, but it has also caused us to lose a week of valuable time and may seriously jeopardize our chances of selling our home. Must we also be expected to accept the responsibility of paying for the cleanup because the City seems to be unable to keep the sewer line clear? Time is of the essence, and we would appreciate learning of your decision in this matter as soon as possible. Thank you for your consideration. /s/ Roger Coto The Mayor stated that there was a revised billing which totalled $267.35. Mayor McCluskey then called on Councilman Carter, Chairman of the Committee, to report with regard to this claim. Councilman Carter reported that he met with Councilman Raymond, Glenn Hollis, Treatment Plant Supervisor, and Joe Franklin to discuss the claim as submitted. Councilman Carter pointed out that this was Book 21 Page 200 the second time this has happened to Mr. Goto and the Committee suggested that Mr. Coto put in a check valve. The Treatment Plant representatives on the Committee thought maybe his line went directly into the sewer and consequently, the line could get too mucl in it at one time causing it to back up. Councilman Betts entered the Council Chambers and was counted as present. Mr. Goto was recognized and stated that they had questioned this possibility so called the contractor and he assured Mr. Coto that the line was fine. The people who did the plumbing also stated that when the plumbing was inspected, they were told that it was fine. Councilman Carter informed Mr. Coto that they did feel that the line might need a little slant. IIe assured Mr. Coto that it would not cost much to put in a check valve as it could back up again if something wasn't done. Mr. Goto said that they would be more than happy to see a check valve put in, but he wondered if this was an expense that he should assume or if the City should pay for it. I-Ie felt that the City should pay for it especially when the City inspected the line and told the contractor that it was lane. Mr. Coto further commented that he felt there was something else going on besides the fact that the line cannot hold the sewage. Mr. Goto also commented that the Nazarene Church down the street has a holding tank and he felt that when this was released it could cause part of the difficulty. He suggested that perhaps he could talk with them if he had the assurance that the City would back him up. Councilwoman Williams was recognized and stated that she had to put in a check valve at her home at her own expense and that it worked beautifully. She did state that it was some time ago, but that it did not cost her very much. The Council discussed this claim at some length. The Mayor commented that it would be best if Mr. Coto would. put in the check valve himself and then advise the Mayor that it had been done. MOVED by Hopper, SECONDED by Williams that the City accept paying the claim provided that Mr. Coto puts in a check valve as soon as he can get one. Councilwoman Mallea asked if this meant that the City would pay the claim or that the City will pay the claim when the check valve was put in. The Council agreed that as soon as Mr. Goto assures the City that the check valve was in the City would pay the claim. The Mayor asked Mr. Goto if he would be willing to contact the Nazarene Church to make them aware of the problem involved, and then call him and he would follow it up. Mr. Coto agreed to do this and call the Mayor after he had talked with them. The Mayor then asked for a vote on the motion as made stating that the City would pay the claim with the assurance that Mr. Coto puts in the check valve. MOTION CARRIED NEW BUSINESS W (RE- ESTABLISH DATE FOR TOWN HALL MEETING) The Mayor stated that previously the City Council set the date of July 22nd for the Town Hall Meeting and he felt that this was not a good time for the meeting as some of the Council members would not be in town at that time. The Mayor suggested that the date be set for some time in August or even later than that. After discussio it was determined that the date for the Town Hall Meeting would be set for August 25th. Book 21 Page 201 (RECOMMENDATIONS FOR APPOINTMENT TO AVIATION COMMISSION) The Mayor stated that the next item on the Agenda was recommendations from the Aviation Commission for apointment to the Commission. The Commission held a meeting last week and only the Mayor, Councilman Hopper, Bert Garland, and Jack Pearson were present. There seemed to be a problem consistently with members not coming to meetings. There was two openings available on the Commission which needed to be filled. The Mayor further informed the Council that he declared the Meeting official.'by.Executive Order so that some determinations could be made. After a lengthy discussion and several suggestions, the Commission made the recommendation that Jerry Ogstad and Rob Franklin be appointed to the Airport Commission. The Mayor explained that he contacted both of them and that they both initially accepted. Rob Franklin, however, called the Mayor back the next day and informed him that he felt he should turn the appointment down for this year as he didn't have his private license as yet and would like another year before he felt he could accept an appointment to the Airport Commission. In talking with Rob, the Mayor asked him if he would be interested in another Commission appointment and Mr. Franklin told the Mayor that he really would be. Mr. Franklin told the Mayor that he was very much interested in Recreation, so the Mayor wanted the two Council members on the Recreation Commission to be aware of this interest. The Mayor then stated that he would like to present the name of Jack Cline along with Jerry Ogstad as appointments for the Airport Commission. Both of them were contacted by the Mayor and have accepted the appointment. MOVED by Hopper, SECONDED by Mallea that the City Council accept the recommendation of the Mayor for the appointment of Jerry Ogstad and Jack Cline to the Airport Commission. MOTION CARRIED (RESIGNATION OF GENE HEMENWAY) The Mayor informed the City Council that at this time he would like to submit the verbal resignation of Gene Hemenway from the Recreation Commission. MOVED by Williams, SECONDED by Hopper that the City Council accept the resignation of Gkne Hemenway from the Recreation Commission, MOTION CARRIED The Mayor informed the Council that there was a name recommended for appointment at the meeting the night before, but he was unable to contact him as yet to see if he would accept the appointment. The Mayor stated that he would bring this before the City Council at a later meeting. (REPORT FROM THE BUSINESS LICENSE COMMITTEE) The Mayor stated that he would like for this Committee consisting of Councilman Hopper and Councilwoman Mallea to set a date to meet and discuss the business licenses. Councilman Hopper informed the Mayor that he would like to have some discussion with the Chamber of Commerce Board of Directors to get their feelings and background before the Committee met. Councilman Hopper then stated that he would tentatively set July 17th at 1:00 p.m. as the time the Committee would meet to discuss the business licenses. (BUILDING PERMIT FEE COMMITTEE RECOMMENDATION) This Committee, consisting of Councilman Carter and Councilman Betts set their meeting time as July 10th at 10:00 a.m. (CENSUS REPORT) The Mayor reported that he did receive a census report which he was told was not official, but was for local review purposes only. Book 21 Page 202 Copies of this report were put in the Council member's boxes as they would be the review committee. The City of Caldwell's census in this report was 17,353 which shows an increase of population since 1970 of 220. The Mayor further stated that this would be one and a half liquor licenses. The Mayor read further figures on this report for the benefit of the City Council. (VARGAS DAMAGE CLAIM) The Mayor stated that the next item on the Agenda was a claim submitted by Richard Vargas. The letter regarding this claim was written to the Mayor and City Council by Clayton Andersen, Attorn(— at Law and the Mayor read this letter as follows: Please be advised that the undersigned represents Richard Vargas concerning the above entitled matter. Mr. Vargas gained admission to your Caldwell City Pool June 16, 1980. On this date he obtained a green bag for his clothing during the time period of his swim. After the completion of his swim, he retrieved his green bag and bagan changing his clothes. Prior to retrieving all of his personal belongings from the green bag, mainly a pair of prescription glasses, one of the pool attendants picked up the green bag and removed it. Mr. Vargas immediately contacted your employees indicating what had occurred and a search resulted, but without locating Mr. Vargas' prescription glasses. This set of events was witnessed by Curt Doty of Caldwell, Idaho. The failure of your agents to exercise reasonable care under the circumstances constitute negligence. As a result my client has been damaged in the sum of :$87.55, which is the cost of the replacement of his prescription glasses. Please find enclosed copy of the receipt issued by his doctor concerning this matter. Therefore, on behalf of my client, demand is made to the City of Caldwell to pay my client the sum of $87.55 or a lawsuit will be instituted against you for your employees' negligence. Please be advised. that my office will freely cooperate in any investigation you wish to have concerning this matter. /s/ Clayton Andersen Attorney at Law MOVED by Hopper that the payment of this claim be denied. The motion died due to a lack of a second. Councilman Hopper mentioned the fact that there was no witnesses, no evidence, and only a letter that states that the City must pay. It was on this premise that he would recommend that the claim be denied. MOVED by Williams, SECONDED by Carter that this letter regarding the claim be referred to-the Recreation Commission for discussion and that they bring a report back to the City Council. MOTION CARRIED George Grant, the Recreation Director, entered the Council Chambers at this time and it was suggested by the City Council that the letter be given to him for his comments. The Mayor stated that he would continue on with the meeting while Mr. Grant was reading the letter with regard to the claim. (CATERING PERMITS) The City Clerk stated that she had two catering permits for approval. One permit was applied for by the Cimarron for the Eagles for July 19th. This application was not signed by Mr. Bullis as yet and the Clerk would suggest that this permit be approved Book 21 Page 203 subject to the signature of the permit by John Bullis. The Chief of Police approved this permit and the fee was paid to the Office of the City Clerk. The other permit was requested by the Elks Lodge for the Legion Baseball Game at the Stadium. This was approved by the Chief of Police and the fee paid to the Office of the City Clerk. MOVED by Hopper, SECONDED by Mallea that the Catering Permit requested by the Cimarron for the Eagles be approved subject to John Bullis signing the permit and approval be given for the T Catering Permit as requested by the Elks Lodge for the Legion Baseball game. MOTION CARRIED (MAYOR'S REPORT) The Mayor reported that he had talked with Ken Harward the day before and he would like to have a meeting between the City of Caldwell and the City of Nampa during the week of the 20th to discuss budgets, Both cities would have their budgets formulated by that time and he would like for the Council members to meet and discuss their budgets. The Mayor also reported that there would be a Senior Citizen's Meeting that night at 7:00 p.m. The Mayor stated that he would like to appoint Councilwoman Williams and Councilman Carter as a Committee of two to work on the Rodeo Committee. (MEETING SET WITH ANDY McCLUSKEY) Councilwoman Williams stated that she had been requested by Andy McCloskey to set up a meeting to discuss a problem he has had with the Engineering Department. She said that she would like to make this an Executive Session of the City Council without the Mayor's presence. It was agreed that they would have this meeting on Thursday at 3:30 p.m. (OPINION OF MR. GRANT WITH REGARD TO DAMAGE CLAIM) The Mayor asked Mr. Grant what his opinion was with regard to the letter submitted by Mr. Vargas. Mr. Grant explained thq.t this was not because of negligence on the part of any of the employees at the Pool. There was a sign at the Swimming Pool that states that the Pool was not responsible for any articles that were lost or stolen. Mr. Grant felt there was no way to be sure that the glasses were actually lost at the Pool or were even put in the bag. He didn't feel that Mr. Vargas had a valid damage claim. Councilwoman Mallea stated that she would ask Councilman Hopper if he would care to introduce his motion again. It was then MOVED by Hopper, SECONDED by Mallea that the City Council deny payment of the claim. as submitted by Richard Vargas. MOTION CARRIED There being no further business, the Meeting was adjourned at 12:40 p,m, APPROVED AS written THIS 15th DAY OP ---, July ? 1980. mayor Cou ilman Co ncilman f Councilman ATTEST: City Clerk's