Loading...
HomeMy WebLinkAbout1981-09-15city council minutesBook 22 Page 260 REGULAR MEETING September 15, 1981 7:30 p.m. The Meeting was called to order by Mayor McCluskey. The Mayor requested 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, Raymond, Mallea, Hopper, and Carter. Absent: Betts. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of September 1, 1981, and the Regular City Council Meeting of September 8, 1981, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to discuss any item that was not on the prepared Agenda. Camilio Lopez was recognized and stated that he would like to discuss the recent news articles in the paper with regard to the possibility of not allowing the sale of beer on Sunday. The Mayor stated that this would be discussed, although it was not on the prepared Agenda. Councilman Raymond was then recognized and said that he had an item that he would like to present at this time rather than waiting for Council comments. He further stated that he was sure the Council was aware, but was not sure as to how many of the audience were, that Mark Crane of the Idaho Daily Statesman was leaving the area and this would be the last Council Meeting that he would be covering. Councilman Raymond further stated that he felt and he was sure the Mayor and other members of the City Council felt that Mark has been special to them. He then read the following letter that he would request be entered into the official minutes: The Caldwell City Council and Mayor wish to officially recognize and thank news reporter, Mark Crane, for his efforts and dedication to the responsibility of reporting Caldwell °s activities and City business. Your ability to write feature stories about various City activities and individuals, your pleasant demeanor and sincere desire to accurate and factual reporting have been appreciated by us all. We wish you and your family well in your future endeavors and we will miss you. The Mayor asked Mr. Crane to stand and he received applause from the Council and the audience. The Mayor also stated that he had done a good job and was very fair. (OATH OF OFFICE TO DONIVAN WAYNE MARSH - PATROLMAN) The Mayor asked for Donivan Wayne Marsh to come forward to take the Oath of Office as Patrolman for the Caldwell Police Department. The Mayor then administered the Oath of Office to Mr. Marsh and received the congratulations of the Mayor, City Council and Police Chief Dormois. OLD BUSINESS (BID OPENING FOR L.I.D. 81 - RECOMMENDATION FOR AWARD) The Mayor stated that at this time he would like to ask for action to be taken on the bid opening for L.I.D. 81. This bid opening was held at noon and it would be considered as Old Business. The Mayor further stated that he received the following note from the City Engineer: Recommendation of Award - Contractor for L.I.D. 81. A review Book 22 Page 261 of the bids has been made to verify that no mathematical errors have been made. The low bidder, Idaho Sand and Gravel, is a properly licensed public works contractor. The proposed subcontractors are also properly licensed. The bid as submitte< is within the estimate for - the district; therefore, it is recommended that the bid be made to the low bidder, Idaho Sand and Gravel. MOVED by hopper, SECONDED by Mallea that the bid be awarded to Idaho Sand and Gravel for the contractor for L.I.D. 81. MOTION CARRIED NEW BUSINESS (BID OPENING FOR TILE SOUTHEAST INTERCEPTOR) The Mayor called on the City Engineer to open the bids for the Southeast Interceptor. Mr. Redmond opened the bids as follows: Tony Russell Construction, Inc., of Othello,' Washington Total bid: $ 1,697,466.00 Less Deductible #l: 1,611,549.00 Less Deductible #2: 1,293,118.00 Less Deductible #3: 1,016,051.00 Less Deductible 94: 1,005,807.00 H -IC Contractors, Inc., of Boise, Idaho Total bid: $ 2,045,101.26 Less Deductible #1: 1,946,407.41 Less Deductible #2: 1,666,201.91 Less Deductible #3: 1,339,776.41 Less Deductible #4: 1,307,752.70 Shunn Construction, Inc., of Ontario, Oregon Total bid: $ 2,597,140.38 Less Deductible ##1: 2,507,106.60 Less Deductible #2: 1,971,303.25 Less Deductible ##3: 1,481,204.44 Less Deductible #4: 1,461,117.44 The Mayor then stated that he would ask for City Council action on these bids. Councilman Hopper asked if time was of the essence in this matter. Mr. Redmond said that he would suggest that the Council try to award the bid before October 1st. One of the members of the audience asked if there was an Engineer's estimate of the job. Mr. Redmond stated that there was as follows: Total bid: $ 1,499,630.00 Deductible Alternate #1.: 1,367,970.00 Deductible Alternate #2: 1,120,190.00 Deductible Alternate #3: 884,340.00 Deductible Alternate #4: 860,780.00 Mr. Redmond further stated that before City Council takes action on this bid, there was still funding that was not established concerning this project. It was the City Engineer's recommendati+ that before the bid was awarded that some investigation be done. MOVED by Hopper, SECONDED by Raymond that these bids be referred to an appropriate committee for further action. MOTION CARRIED (DISCUSSION WITH REGARD TO BEER SALES ON SUNDAY) The Mayor stated that he would discuss the beer sales. on Sunday at this time as he was sure that most of the audience was present for this particular item. The Mayor further commented that there was certain problem areas in the City of Caldwell where the City has Book 22 Page 262 been forced to put from two to five extra policeman on line to take care of them on certain nights; primarily on Sunday night and sometimes on Saturday night. It was extremely unfair to the tax- payers of the City that we should subsidize these businesses if they were involved by this action. The suggestion was made, and this was all that it amounted to at this time, to look into the possibility of eliminating on premise consumption of beer on Sundays. The Mayor further stated that he had typed out a suggested procedure to try to eliminate some of the problems which he read as follows: Problem: The Mayor and Police Chief request that Council consider the banning of "On Premise Consumption" of Sunday beer sales. Mayor's suggested procedure: 1. Notify all effected establishments that effective 15-September 1981 records will (and are) being kept as to number of complaints caused by their establishment. This account will be presented to the Council prior to issuance of 1982 license with the possible consideration of non - issuance should they constitute a nuisance. 2. Have the Police Chief negotiate with those establishments that he anticipates are going to be "Problem Areas" on certain dates and arrange for them to hire the necessary "Special Police" to contain problems without the need to place extra "City Paid" patrolman on duty. 3. Insist that establishments consistently having problems outside of but-in vicinity of that business provide sufficient outside "Special Police" to attempt to "Keep the Peace ". The Mayor stated that he would now open the meeting for discussion from the City Council and the audience. Councilwoman Mallea was recognized and stated that the City Council had not really discussed this item. It was her feeling that it was just an idea and would like to hear what those people who were involved had to say. Councilman Raymond also suggested that the Mayor read the letter received from Richard Rosenberry_, Attorney at Law. The letter was - as follows: Please be advised that I represent a number of the beer licensees within the City of Caldwell, approximately in excess of 15, and in the event that further action is contemplated with respect to limiting sales of beer on Sundays, my clients would all appreciate having an opportunity to be heard. It is my understanding that your office and the Council will meet tonight, and I understand consideration may be given to some action towards limiting sales of beer on Sunday in the City of Caldwell. Unfortunately, I cannot be present tonight, nor will I be able to contact all of the licensees which have made a verbal commitment to be represented and request a hearing by the time of your meeting with the Council. It is, therefore, action be delayed I would be present testimony. respectfully requested that any proposed until a hearing could be held, at which time with a number of the licensees to present There was much discussion regarding this issue with the following people addressing the Mayor and City Council: Camilio Lopez; Fred Silva of Freddy's Bar; Jesus Paz from the Zodiac; Larry Robinson of the Pizza Hut and Howard Bright. Councilman Raymond was recognized'. and stated that he felt the conversation could go on for some time, but teat he did appreciate the fact that it was discussed openly. It was his suggestion that the City Council not take any action at this time, but that the bar owners talk about the issue among themselves and have a future meeting to discuss the problem again. The Mayor stated that he would like to have a suspense date on this Book 22 Page 263 determination as being not any later than th-e first of the month. (INTRODUCTION OF TAD MARTIN AND WILLIAMS MONAGLE) The Mayor stated that he would like to introduce Tad Martin and William Monagle from the College of Idaho. The Mayor asked the young men to come forward and explain-exactly why they had an interest in the City Council. Tad Martin explained that they were in pursuit of the Truman Scholarship. One hundred of these scholarships were awarded in the United States each year and the scholarship was $5,000 a year for five years. The requirements were that the student must have a good academic record and the student has to be following an academic program that leads to a career in government, they also have to write a six hundred word essay addressing a public policy issue that was of interest, and they also need to show an interest in government. This was the basic reasons for them being at 'the City Council Meeting. Mr. Martin further commented that they were both present at the City Council Meeting demonstrating their interest and he would like to thank the Mayor for giving them time several days ago to explain City Council's policies for the City of Caldwell. the The Mayor said. that he had enjoyed visitio gwith these two young men. He,would request that the City Council appoint Tad Martin and Williams Monagle as City Council Associates and he would like for them to sit at the table when they attend the meetings. The Mayor further requested that the City Council help them in answering questions and he would also encourage the two young men to ask s questions of Department Heads if desired. The Council members were receptive to this procedure and suggested that they be invited to the Commission Meetings as well. (REQUEST FOR TWO BUILDINGS ON ONE METER - VERNON DE MARK) The Mayor called on Mrs. Robi-s'omn. to present this request. Mrs. Robi-s- on• the City Council that Mr. DeMark was building • building behind the present DeMark Auto structure that will be • warehouse and will also serve as a sales area for auto parts. I-Ie would like to hook up plumbing just for a restroom and would like to put it on the same meter as the original building. This would require Council approval and Mrs. Robison informed the Council that he had signed an Affidavit stating that he would not separate the property. MOVED by Raymond, SECONDED by Mallea that approval be given for the two buildings on one meter subject to meeting the normal requirement MOTION CARRIED (AGREEMENT WITH RAILROAD FOR ROAD EASEMENT) The Mayor called on Mr. Redmond, the City Engineer, to present this Agreement. Mr. Redmond stated that the lease was for a forty foot wide section of street called Stocktrail Road between 21st and Georgia Avenues and has been in effect since 1930. Previous leases have been for terms of 5 years. The railroad has adopted a policy of issuing 25 year leases for a fixed fee. The proposed agreement reflects the 25 year duration. Last fall the Council through the Mayor requested an additional 20 feet of right of way to be included in this lease. The railroad refused as they indicated they have potential plans for expansion. Previous lease fees were $15.00 for a five year period. This agreement calls for $1,165 for a twenty -five period. Both of the above require the City to assume al" taxes and assessments levied against the property. The Mayor stated that he had sent the railroad a letter of acceptance some time ago. Counc=ilman Raymond stated that he would MOVED and it was SECONDED by Carter that the Mayor and Clerk be authorized to enter into this Agreement. Councilman Hopper pointed out that this Agreement should be accepted by a Resolution. The Mayor stated that he would have a Resolution prepared for the next meeting. Book 22 Page 264 Councilman Raymond stated that he would withdraw his motion with the approval of the second. Councilman Carter agreed with the request. (AGREEMENT WITH FIREFIGHTERS - RESOLUTION NO. 57 -81) The Mayor read Resolution No. 57 -81 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A CONTRACT AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. 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 contract agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and the International Association of Firefighters. MOVED by Hopper, SECONDED by Carter that Resolution No. 57-81 be passed authorizing the execution of the Agreement with the Firefighters. Roll call vote. Those voting yes: Hopper, Carter, Williams, Raymond, and Mallea. Those voting; no: none. Absent and not voting: Betts. MOTION CARRIED (INDEMNITY AGREEMENT) The next item was an Indemnity Agreement with regard to Block 3, Lot No. 29, Spaces 2 and 3 of Canyon Hill Cemetery to be used by Marjorie A. Martin as designated by her. The Agreement was signed by Wilma Harding and Vere Sower giving this permission and the Mayor asked for a motion of acceptance for this Indemnity Agreement. MOVED by Hopper, SECONDED by Williams that the Indemnity Agreement as presented be accepted. MOTION CARRIED (FINANCIAL REPORT) The Mayor stated that the next item on the Agenda was the Financial Report. Councilwoman Williams informed the City Council that she was asked by Councilman Betts to present the report as he would be absent. Councilwoman Williams said that before she presented the report, she would advise the Council that the discussion at noon with regard to the bill of $2,300 to Mr. Peterson was not included in the report. City Council approval was needed for a pre -write or disapproval and it was her suggestion that this be taken care of before the Financial Report was approved. It was Councilwoman William's opinion that the bill would have to be paid as it was authorized by an employee without authority. It was her understanding that there would not be anymore bills from him unless approval was received from the Council. Councilman Hopper asked if approval of this bill would preclude the meeting with him as he might modify it if the Council found there was some discrepencies. Councilman Raymond agreed that the bill should be paid, but he would suggest that they sit down with Mr. Peterson and talk to him about the specifics that he was billing the City for. Councilman Raymond further said he had no objections to including it in the report so long;as the check was held until Mr. Peterson brought in an itemized statement. There was then some discussion with regard to the programming at City Hall. MOVED by Raymond that the City Council authorize that a check be drawn to Jim Peterson subject to his providing the City Council with the accomplishments that led to that dollar figure. Book 22 Page 265 Councilwoman Williams stated that Mr. Peterson was there at noon and told them whhat he had done for the month which was nothing more than a study. Councilman Hopper said that he thought M 'r. Peterson was going to give it to them in detail. The Mayor said that all Mr. Peterson gave in detail was luncheons and that sort of thing.. Councilman Raymond pointed out that Mr. Peterson had stated that he would be glad to give an outline in detail and he felt that they should take advantage of this. The Mayor pointed out that the hourly time was set and that there would be no change with regard to his time. The Mayor further said that all that needed to be determined now was whether to mail him the check or hold it until Mr. Peterson came back. If it was determined that the Council would rather hold the check, the Mayor w.ad.ld write him a letter and inform him that the Council would not release the check until he came in and explained his costs. Councilman Raymond then stated that he would withdraw his motion. Councilman Kopper stated that he felt they should at least get a better verhan explanation before the check was issued. It would not be necessary to have a motion; they could just wait for his return. MOVED by Hopper that the City does not issue the check to Mr. Jim. Peterson until they have a discussion with him. Douncilwoman Mallea stated that she would SECOND this motion subject to his understanding that the City was not paying for his visit to come to town for this discussion. The Mayor said that he would call for the vote subject to the fact that Mrs. Talley write him a letter and tell him exactly the action taken. Councilman Raymond stated that if Mr. Peterson was going to be in th area until Thursday, he was not going to get a letter and he would prefer contacting him while he was in the area so he would know what the Council had determined. The Mayor then stated that he would call for the vote. MOTION CARRIED Councilwoman Williams then stated she would give the Financial Report. The Requests for Payment totalled $943,987.47 and this included the investments; The payroll was $176,945.63 of which $34,452.11 was fringe benefits. MOVED by Williams, SECONDED by Carter that checks be issued for these Requests for Payment and the Requests be filed in the City Clerk's Office and approval be given for the payroll. MOTION CARRIED (COMMTTTEE REPORTS) Councilwoman Williams informed the City Council that she would Like all of them to save some time between 3:00 p.m. and 6:00 p.m. on the afternoon of September the 25th to go by the Library for the retirement party for Mrs. Dunlap. Councilwoman Williams also stated that the Canyon County Organization on Aging was in the process of looking for a new Executive Director. This position will first be offered to the staf Councilman Hopper reported that the Recreation Commission met the night before. The Swimming Pool was painted and they were now doing some interior painting. George Grant tried extending the swimming season one week into the school term, but it was not successful. They talked some of programs for the coming winter. Also discussed was the covered seating area which they felt was a good idea. Councilwoman Mallea was recognized and said that she had a Junior Book 22 Page 266 Firefighter's Badge that she picked up in Seattle that she wondered if could be used in Caldwell. Another idea picked up while in Seattle was a home inspection program conducted by the Fire Department. She was presenting these ideas just for thought. Councilwoman Mallea also mentioned that she had heard that they were selling a space at the Park for an art show coming soon. She was concerned about this and wondered if this was a policy. (MAYOR'S COMMENTS) - The Mayor reported that the bicycle safety program was this coming Saturday and he would like as much publicity as possible. The Mayor also read a letter from the Governor inviting the City of Caldwell to attend the "Governor's Public Budget Hearings" which would be held throughout the State this month. There being no further business, the Meeting was adjourned at 9:45 p.m. APPROVED AS written THIS 6t1i DAY OF October 1981. Mayo our! _ / C ncilman °+ Cotn f i 1man, Cou�c i lman Councilm Councilman ATTEST: City C1e e/