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HomeMy WebLinkAbout1981-11-04city council minutesBook 22 Page 306 REGULAR MEETING November 4, 1.981 12:00 noon 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, Carter and Betts. Absent none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Hopper to dispense with the reading of the minutes of the Regular City Council Meeting of October 20, 1981, the Special City Council Meeting of October 24, 1981, the Regular City Council Meeting of October 27, 1981, the Executive Session of the City Council on October 29, 1981, and the Executive Session of the City Council on November 2, 1981, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Steve Jensen was recognized and stated that as he understood it, he was not on the Agenda for this particular Council Meeting. He would request that he be included on the Agenda for the next week's City Council Meeting and that the City would have the Resolution for the proposed easement discussed previously prepared by the City Attorney in a manner that would be acceptable to adequately represent the interests of the City to see if some kind - of agreement could be reached on this matter. The Mayor asked if Councilman Raymond wanted to discuss his idea with regard to the possible leasing proposal to see if acceptable. Councilman Raymond stated that he felt it was a bit premature to talk about it at this time. He would like to get it into legal form and have the City Attorney look at it. Councilman Raymond further commented that he would like to get the issue resolved in one way or another. In all fairness to Mr. Jensen, Councilman Raymond stated that it should be taken care of at the next meeting. He would work with Councilman Hopper to have this done before the next Tuesday's meeting so that copies will be available for the City Council and for Mr. Jensen before the Meeting. OLD BUSINESS (AWARD BIDS FOR PUBLIC WORKS AND FIRE DEPARTMENT VEHICLES) The Mayor requested that Ron Redmond, City Engineer, present his recommendation on the vehicle and equipment bids. Mr. Redmond was recognized and presented his recommendation on vehicle and equipment bids which was attached to these minutes as Exhibit "A ". Mr. Redmond went through this recommendation at some length for the benefit of the City Council and the Mayor. It was then MOVED by Hopper, SECONDED by Carter that the City Council accept all of the recommendations as presented by the City Engineer and the Committee. There was some discussion among the City Council members regarding the necessity of having steel belted radial tires on the vehicles and also the possibility of having an auction for some of the trade - in vehicles. The Mayor then asked for a vote on the motion as made by Councilman Hopper. MOTION CARRIED Book 22 Page 307 NEW BUSINESS (CANVASS VOTES OF ELECTION) The Mayor stated that the first order of business under New Business was the official canvass of votes for the City Election held November 3, 1981, for the Office of Mayor and three seats on the City Council. The City has an agreement with the Canyon County Election Board to tabulate the vote and their computer sheets reported the count as follows: For Mayor City of Caldwell Charles hT. Carpenter 683 Charles E. Malone 260 A. It. "Al" McCluskey 2 , 207 For City Council of Caldwell Stephen G. Bonde 626 Terry A. Bonner 918 Charles Bratton 927 Jack Carter 1,566 Peter B. Cowles 1,344 Camilo M. Lopez 822 Pat Mallea 2,334 Johnny Woods 318 MOVED by Williams, SECONDED by Carter that the City Council accept the final report on th.e City Election held November 3, 1981. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams was recognized and stated that she would first like to congratulate the Mayor with regard to the election as well as Councilwoman Mallea, Jack Carter and Pete Cowles and wish them good luck. Councilwoman Williams further commented that she had some Stadium business she needed to discuss with the City Council. One of the priorities of the Stadium Committee was a basket for the Fieldhouse and she would like approval from the City Council for this in the amount of $4,840.00. Approval was also asked for the bid on the lighting for the Fieldhouse. Mr. Deide had the estimates and the Committee would like to not bid this as it only runs the cost higher. If the City of Caldwell can't provide the funds for this item, the School District can. The bid was for 46 each 400 watt metal Halide fixtures making a total of $4,232.00. The lowest bid for the labor was from Caldwell Electric at $2,650.00. The Committee would like tc have approval on the lighting so it could be installed before the basketball season. This was to be paid for out of the $20,000.00 of Revenue Sharing monies for the Stadium. MOVED by Williams, SECONDED by Carter that the City Council allow the purchase of the basket and the lighting at the Fieldhouse as presented. MOTION CARRIED Councilman Betts was recognized and introduced Larry Kinley, the President of the Barowner's Association, who was present at the meeting. -- Councilman Carter extended his congratulations to the Mayor, Councilwoman Mallea, Pete Cowles, and Jack Carter and further that Ie would be looking forward to working with them. The Mayor reported that the Golf Board of Control voted to renew Jeff Rodwell'.s Contract. Mr. Rodwell had been on a probationary status and it would not require any Council action at this time except to recommend the renewal of his Contract. MOVED by Carter, SECONDED by Betts that the City Council accept the Book 22 Page 308 recommendation of the Caldwell Golf Board of Control to renew the Contract of Jeff Rodwell_ MOTION CARRIED Councilman Hopper reported that he was unable to attend the Recreation Meeting and would ask the Mayor to report with regard to that Meeting as he did attend. The Mayor said that it was a good meeting as Wendell Christensen from the Nampa Parks Department was present and gave a report as to how Nampa was running their system. Councilman Hopper also extended his congratulations to the winners in the City Election and condolences to those who did not win. Councilwoman Mallea was recognized and said that she would like to thank everyone who supported her in the election and would like to tell all the candidates who were not successful that there would be another election in two years and Caldwell needs all of the interest it can get from all of the people. (CLAIM FROM JOYCE FISHER) Councilman Raymond reported that he met with Councilman Carter and Jack Johansen and reviewed the claim from Joyce Fisher on Elm Street. This was discussed at the last Council Meeting and turned over to Committee for study. This claim was in the amount of $167.00 and after their investigation, the recommendation was to deny the claim. MOVED by Raymond, SECONDED by Carter that the claim submitted by Joyce Fisher be denied. MOTION CARRIED The Mayor further commented that a letter will be submitted to her stipulating the action of the City Council. Councilman Raymond explained that the background to this was that the line had been in trouble. A letter from the plumber that worked on it said that some of those lines could last up to forty years and these lines had been in ten years. It was not a house immediately adjacent to the fire hydrant where the pressure was supposedly coming from. They were not sure that there was a direct relationship between the break in the City lines and the line that went to the house. Councilman Raymond also reported that action for a housing repair system loan was denied by the Rehab Committee. He thought that the Council members had a report of this loan. This was reported at this time for informational purposes. Councilman Raymond also reported that he attended the Barowner's Association Meeting and was pleased to find that the operators that were there were concerned in helping the City solve the problems encountered. He felt that they would be a real valuable tool to the City of Caldwell in solving the problems. (RESOLUTION NO. 65 -81 - AGREEMENT WITH GOODYEAR AND STEWART) The Mayor stated that the next item was a Resolution on the Goodyear property. This was property that the City of Caldwell has been trying to get a right of way Agreement through and the City offered to go to condemnation on it. The Mayor then read the terms and conditions of the easement as follows: 1. The permanent easements shall be 20 feet wide and a combined total of approximately 850.42 feet long and shall be located within the existing 55 foot Pioneer Irrigation District Easement. If said sewer line is not constructed by December 31, 1982, the Easement shall terminate unless extensions are mutually agreed upon between the parties. 2. There shall be a temporary construction easement 30 feet wide and a combined total of approximately 850.42 feet long Book 22 Page 309 having the same centerla,ne as the easement .described on Exhibits A, B, and C. These easements shall expire on December 31, 1982, unless extended by mutual consent between the parties Actual construction activity concerning the approximate 850.12 feet on said parcels shall be limited to 45 days from beginning to end, unless extended by mutual consent between the parties; however, said construction easements for the purpose of ingress and egress for construction activity on other parcels shall remain in effect until December 31, 1982, unless extended by mutual consent between the parties. 3. The city acknowledges that said parcels are presently leased to Edward Corta for agricultural purposes, including the grazing of livestock and that normally cattle are on said property from April 1, 1982 until November 30, 1982. In the event construction takes place during those months the City makes assurances that; a) Temporary fencing 'will be provided; b) Livestock will be provided water from.either the norma source the Wilson Drain, or comparable sources. c) During the flood irrigation season from March 1, to September 1, 1982, efforts will be made in the event construction by the contractor continues during said period for minimal disruption to irrigation. d) It will hold Clara H. Powell Stewart and John Goodyear harmless from any claims by Edward Corta arising out of construction activity during said construction easement s concerning items a, b, c, above. 4. Abandonment of said sewer by the City for the period of one year shall automatically terminate said easements. 5. City agrees to replace and reseed any removed topsoil and to replace any removed fence with fencing of comparable quality. 6. City assures owners that construction of said sewer will not result in a tax assessment on said property. 7. City reserves for owners the right to connect and hookup to said sewer subject to the normal and customary charges by the City for said services for the sewer service area. 8. City agrees to pay Attorney's fees incurred by owners in this matter in an amount not to exceed ONE THOUSAND C$1,000.00) upon presentation of an itemized statement to City by the firm of MILLER, NASI-I, PERK, WIENER, & IIAGER of Portland, Oregon. The Mayor then read the Resolution in full as follows: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL TO EXECUTE A MEMORANDUM Or AGREEMENT BETWEEN THE CITY OF CALDWELL AND JOHN GOODYEAR AND CLARA STEWART FOR PURPOSES OF ESTABLISHING TERMS AND CONDITIONS OF A SEWER EASEMENT TO BE GRANTED TO THE CITY. WHEREAS, the City of Caldwell is Pursuing construction of a main sewerline commonly known as the East Cleveland Sewer Interceptor; and, WHEREAS, the City is desirous of obtaining an easement across said property and the owners wish to place conditions on said easement; and, WHEREAS, a Memorandum of Agreement has been prepared setting terms and conditions for said easement; NOW, TIIERFORE BE IT RESOLVED, That the City Council has reviewed said agreement and hereby authorizes the Mayor and City Clerk to execute same on behalf of the City of Caldwell. Councilwoman Williams stated that she felt that this Agreement and Resolution.were fine.as the compI.etion of this Agreement has been holding up the East Cleveland Project. Councilwoman Williams then moved and it was SECONDED by Mallea that the Resolution be passed authorizing the execution of the Memorandum of Agreement as presented. Mr. Morrison stated that the next step after the execution of the documents was to send a copy to Mr. Goodyear and Ms. Stewart for their signatures. It was possible that there could be some changes, Book 22 Page 310 but hopefully within the next couple of weeks it will be finalized. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DIRECTION TO CITY ATTORNEY REGARDING TICO TICO BAR) The Mayor read the following statement made by the City Council after an Executive Session held on November 2, 1981: For the past ten days settlement negotiations for voluntary license suspension have been. going on between the City Council and the Tico Tico Bar; these negotiations have apparently failed. Due to the fact that the City Council is very concerned for the welfare and safety of the citizens of Caldwell, it is the intent of the City Council to exercise its authority over licensed premises to the fullest extent. The public must be aware that the authority in these matters is granted by the State Legislature. In reviewing the City Ordinances, State Statutes, and Administrative procedures, the City Council feels its licensing powers and procedures are hamstrung by the State Legislature. We have determined the best course of action is to direct our Attorney to file a complaint for the abatement of a public nuisance in the Third District Court. The Court has the powers to permanently close an establishment deemed to be injurious to health, safety or morals and therefore constituting a public nuisance. The City Council will direct our City Attorney to prepare and file a formal complaint at Wednesday noon, November 4th., Regular City Council Meeting. The Mayor stated that he would like to have this request made in the form of a motion from the City Council and in addition, he would like for the City Council to add that the Mayor be advised to send a copy of this statement to all of the State Representatives from Canyon County. MOVED by Betts, SECONDED by Hopper that the contents of this statement be adhered to by the City Attorney and that the City Clerk will make copies and mail to all individuals as requested by the Mayor. MOTION CARRIED (RESOLUTION NO. 64 -81 - CITY STREET FINANCE REPORT) The Mayor read the following Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL, IDAHO, TO EXECUTE THE CITY STREET FINANCE REPORT FOR THE CITY OF CALDWELL. 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 City Street Finance Report attached hereto and made a part hereof as if set forth in full in accordance with Idaho Code 40 -137. MOVED by Carter, SECONDED by Willia be passed as presented by the Mayor the City Street Finance Report. Roll call vote. Those voting yes: Raymond, Mallea, and Hopper. Those not voting: none. ns that Resolution No. 64 -81 authorizing the execution of Carter, Betts, Williams, voting no: none. Absent and MOTION CARRIED The Mayor stated that all members of the City Council received packets of information from the Association of Idaho Cities in Book 22 Page 311 regard to the District Meeting and also a work session for new Councilmen. The Mayor stressed the importance of the newly elected officials attending this meeting and would ask that those planning to attend to let him know as soon as possible. There being no further business, the Meeting was adjourned at 12:50 p.m. APPROVED AS written THIS 17th DAY OF November 1981. ATTEST: - Flayor (--Coun ,C ncllm ) Councilman City Clerk