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HomeMy WebLinkAbout1981-11-24city council minutesBook 22 REGULAR MEETING November 24, 1981 12:30 p.m. Page 329 The Meeting was called to order by Acting Mayor Alta Williams. The Acting Mayor requested that everyone stand and give the Pledgeof Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. Acting Mayor Williams explained that she was assuming the Chair until the Mayor arrived as he had a speaking engagement at noon. (CHANGE IN THE AGENDA) Acting Mayor Williams further stated that she would like to have permission from the City Council to change the order of the Agenda as there was several items at the first of the Agenda that the Mayor would like to be present for. She would request that these items be delayed until he arrived. MOVED by Carter, SECONDED by Mallea that permission be given for Acting Mayor Williams to change the order of the Agenda to allow several items to be delayed for the arrival of the Mayor. (AUDIENCE PARTICIPATION) MOTION CARRIED Acting Mayor Williams asked if there was anyone in the audience who was not on the Agenda who would like to address the City Council at this time. Mr. Roger Horton was recognized and stated that he would like to make a comment regarding the Highway Safety Funding when this item was discussed. The City Attorney, Bill Morrison, was then recognized and stated that he would like to address the City Council. (DISCUSSION REGARDING EASEMENT WITH CLARA STEWART) Mr. Morrison stated- „ that he would like to address the City Council briefly regarding an issue that would normally be handled in an Executive Session. Due to some time pressures with the'East Cleveland Project, he would like to bring it to their attention now. Mr. Morrison stated that about two weeks ago by Resolution, the Council authorized the Mayor to execute a series of documents that he had prepared called Memorandum of Agreement and three easements. These documents were forwarded to Orval Hager, who was Counsel for Mr. Goodyear and Ms. Stewart. He was able to get Ms. Stewart in his office and she was unwilling to sign the documents submitted due to the fact that there was four documents. She indicated to Mr. Hager that she only wanted to sign one document. Mr. Hager than consolidate the Memorandum Agreement and the three easements into one document. There was no changes except for one that he would address at this time. Mr. Morrison further stated that he would recommend that the easement be signed by the Mayor with this proviso: on the first page regarding the structures that can be constructed on the easement it stated, ” No structures other than those for such utility purpose are to be erected within the limits of the easement by the party of the second part." On discussing this with the City Engineer, Mr. Morrison said that they felt it should state, "by either party." The reason for this was that the City would not want a permanent structure built by Ms. Stewart. Mr. Morrison further stated that his other comments he had were relating to the Attorney's fees. Previously mentioned was that due to the fact that there would be no consideration given by the City for the monetary consideration for the easement, we would be willing to pay Attorney's fees that Goodyear incurred up to the amount of $1,000. Mr. Hager has indicated that due to the difficulties that he has had with his client and also with maps, plats, and legal descriptions, that this amount has gone up. Mr. Hager's letter stated that based upon a regular hourly guideline, the fees have been in excess of $2,300; however, he would be satisfied with an amount Book 22 Page 330 not exceeding $1,500 based upon an itemized statement. Mr. Morrison's suggestion was with the modification on the easement regarding that the structures cannot be built on that easement by either party, his recommendation would be that the Mayor be authorized to sign the document. Mr. Morrison further stated that there would have to be approval by Resolution authorizing the execution of the documents, and lie would have to get back with Mr. Hager to see whether or not the City would have to send a document b ack to Portland with_ the City's changes. MOVED by Raymond, SECONDED by Hopper that a Resolution be drawn according to the directions from the City Attorney. MOTION CARRIED Some discussion then followed with Councilman IIopper pointing out that it was his understanding that Mr. Morrison would like to have the motion to pass the Resolution at this time so that the process could proceed. Mr. Morrison agreed that he would prefer tha they approve the Resolution at this time. Acting Mayor Williams then asked Councilman Raymond if he would care to change his motion to pass the Resolution that will be prepared under the directions of the City Attorney. Councilman Raymond agreed as did the Second, Councilman Hopper. It was then MOVED by Raymond, SECONDED by IIopper that the motion be amended to state that the Resolution be passed as prepared under the direction of the City Attorney. Roll call vote. Those voting yes: Raymond, Mallea, IIopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED Acting Mayor Williams then asked if there was any other items that needed to be discussed before the City Attorney left the meeting. The Chief of Police was recognized and stated that sine the discussion on the Highway Safety Funding was not until later, he would like to comment that Mr,. Morrison did look at the Grant and indicated that it was all right. OLD BUSINESS (REPORT FROM COMMITTEE ON REQUEST FROM THE COLLEGE OF IDAHO) Acting Mayor Williams called on Councilman Hopper with regard to this Committee's report. Councilman Hopper was recognized. and stated that the Committee would like some discussion on this item. The College's overall plan was to improve some of their property and it seems that there was some problems. The plan was to attempt to develop the area around Blatchley and the old Student Union Building and Simplot Hull dining area; the center of the College. They want to accommodate up to 1,200 students and there was some long range plans and monies to be spent towards those goals. Their specific plan was to close a portion of the City streets out there and landscape. This involves a particular section of the street, Both Councilman Hopper and Jack Carter met with the President of the College and he has modified his request somewhat differently than originally asked for. The Council's concensus of opinion was that they would like to participate with their overall plan, but some of the technicians in the City have some reservations which Councilman Hopper felt were well founded. Namely, the general welfare o:F the school which included fire protection of the _ students. The other concern was that the City had some easements necessary for underground utilities and those have to be protected. The City can go two routes with regard to the streets involved; they can be closed or vacated. The City Engineer was recotmending that the City consider vacation because of what they want to do with the property. Those vacations would include easements for the underground utilities when and where necessary. Even the Committee was divided on what direction to go and this was a point the Council would have to address. Councilman IIopper said that what he would like to do was let them do their currect short term dress -up idea around Blatchley Theater and then at another time address long range impact that was necessary for the safety and protection of the student. That way the City cannot be accused of stifling their Book 22 Page 331 efforts in improving and upgrading their image. There was some concerns in that the City was not even sure they can provide enough water resource to the edge of the College property to put out a major fire. They would have to improve any protection necessary after the City goes beyond their property line. There was apparently some restoration money that the College was attempting to gather for Blatchley Theater and Sterry Hall. The City asked the President if there might be some monies in those grants that could be used in upgrading protection. Jack Carter had another alternative to letting them get started now. Councilman Hopper also said that the College does not want to close all of Ohio Street; only to the alley. The master plan shows a fire hydrant across the street and adjacent to the Student Union Building. The Fire Department says the fire hydrant next to Blatchley was worthless because it was too close if Blatchley caught on fire. If the street was closed, the Department strongly urged that this hydrant be moved. Jack Carter was recognized and stated that the first thing he asked the President was whether the College had a master plan for what they wanted to do in the future. Generally, they do not have such a plan and he believed it would behoove them to have some kind of plan so that the City could work with their people in developing their overall plan. Mr. Carter further said that his basic position was that he did not feel that the City Council could give up the use or title to City property without some kind of compensation. It was too difficult, to come by those easements and those dedicated rights of way. Councilman Hopper stated that as a point of clarification, Mr. Carter was not intending that this be money. Mr. Carter would like an overall plan for protection. Councilman Hopper further said that he would support this concept, but he felt it was a terrible injustice to make them wait that two or three years while the City was asking for a plan. Councilman Hopper's thought was to let them have that corner to start their plan. He would encourage input from the rest of the City Council as to what the City should do. Should the City ask them to hold off and ask for a master plan, or should the City bend a little now and still encourage them to develop a plan before granting anymore easements or vacations, etc. The City Council discussed this issue at some length. It was Acting Mayor William's suggestion that the City Council go up to the College with the Fire Chief and the City Engineer to look over the proposal. She felt that they would like to see the fire hydrant under discussion. It was also Councilwoman Mallea's suggestion that the President of the College meet with them also. It was then determined that the City Council, along with the Fire Chief and the City Engineer would go up to the College of Idaho on Monday, November 30th, at 1:00 p.m. Councilman Hopper informed the Council that he would contact the President of the College. NEW BUSINESS (OATH OF OFFICE TO DAVID LAMB - POLICE OFFICER) Acting Mayor Williams stated that the next':order of business was to administer the Oath of Office to David Lamb, a new Police Officer. She then called on the City Clerk to administer this Oath to Mr. Lamb. After being given the Oath., the new Officer was congratulated by the Council and members of the audience. (COMMITTEE REPORTS) Councilman Betts reported that there was a Golf Board Meeting last week and they were going to close with a good year at both golf courses. The receipts were above what was anticipated. He also reported that there was a problem with regard to the payment on the sprinkler system. Councilman Carter stated that he had no reports at this time. Councilwoman Williams stated that she would have to apologize for not getting the Stadium Board Meeting minutes to the Council sooner. The Stadium Committee discussed at their last meeting a safe that was given to Pat O'Connor many years ago. Mr. O'Connor was offered Book 22 Page 332 ;$400 for this sate and. he- -does not want the money; he would like for it to go into the Stadium fund. During the discussion, it was found that there was quite a bit of surplus up there and they would like permission from the•City Council to list all of this surplus and have a sale under sealed bids including the safe. It was suggested that the monies be placed in the Bleacher Contingency Fund MOVED by Mallea, SECONDED by Hopper that the Stadium Committee be authorized to proceed with the listing and advertise for the sale of this equipment:.` MOTION CARRIED Councilman Hopper reported that he attended the Planning and Zoning Commission Meeting and since there was not a quorum present they could not do business. There seemed to be some ` concern as there was some vacancies in this Commission at this time. Councilwoman Mallea and Councilman Raymond had no reports to make. Councilwoman Williams informed the City Council that the C.C.O.A. money from the County budget was all Revenue Sharing money in the amount of $98,000; $20;000 -of this was Revenue Sharing for improvement for anyone who might ask such as partitions for the Senior Center. The requests could come from nursing homes and etc. The screening committee was to meet the morning, which she was a member of to go through these requests. She would inform the Council as to their decisions. Acting Mayor Williams then recognized Mayor McCluskey who arrived in the Council Chambers and Mayor McCluskey assumed his chair at the Council table'. (GARAGE SAFE) The Mayor stated that he would like to remind the City Council with regard to his request that the City Council members try to pick up some donations from businesses for the sale. The garage sale was to be at the Armory on December 5th: If anyone had anything for the sale, be sure to let the City Hall know about it.' (OFFICE OF HIGHWAY SAFETY FUNDING) The Mayor called on the Chief.of Police, Richard W. Dormois, to give his presentation with regard to the Office of Highway Safety Funding. Mr. Dormois was recognized and stated that in May of this year he was asked by the City Council to look into the feasibility of gaining an Office of Highway Safety accident reduction grant. The program has been in effect for several years in Idaho and it was brought to his attention by members of the community as well as the Office of Highway Safety that Caldwell has the highest number of traffic accidents with injuries per capita in. the State of Idaho. The complection of Selective Traffic Enforcement Program funding has been altered greatly since the inception of the program in Idaho three years ago. Currently, there are many things the Grant does not fund, such as motorcycles, sedans, cameras, uniforms and a host of others. This was due to budgetary constraints and cutbacks that have been seen in the last year or so. The Caldwell Police Department went into it with an idea of putting together a program to propose to the City Council for accident reduction with a goal of locally reducing injury accidents for the year 1982 over 1981. This was kind of a general goal, but they hoped to do better than that. Through numerous negotiations with the people in the Boise Office of Highway Safety, there was probably as many as four drafts of the proposal and finally about ten days ago they came down to a proposal which might be acceptable to the City Council and was acceptable to the State of Idaho and the Federal Government. Those things have been outlined in a memorandum shared with the City Council in the last couple of days andit was hoped that it was complete enough to get a good idea of what the proposal and grant consisted of. They would be talking about a two year funding which was another thing that has been altered as it was Book 22 Page 333 three years previously. One of the things that the City Council should be aware of was the fact that the City of Caldwell would have to pick this up in the third year. They would anticipate that this third year would be just about mid January, 1984, where the City would literally absorb the program into the Police Department as something not necessarily separately funded. This would be something funded by the City of Caldwell in its entirety and what they would be speaking of in this particular grant would be the salaries and fringe benefits for three fulltime officers and by that time perhaps funding a sedan :�r two. The memorandum to the Mayor and City Council from the Chief of Police was attached as Exhibit "A ". Mr. Dormois further commented that although he has been somewhat experienced in traffic grants before, as far as the STEP Program itself in the State of Idaho, he has not been directly involved. He has not been a traffic officer or an administrator in this type of program and in order to help the City Council make a decision he asked some people who have been involved in the Program and know a lot of pros and cons about the program to be at this meeting. It was his hope that they could answer any questions the City Council might have and possibly share with the City Council what their experience has been with the program. Those asked to be present were Dave Amik, of the Office of Highway Safety; Sgt. James Spears, STEP Coordinator for the City of Boise; and Art Musser, Chief of Police from Nampa. The Mayor stated that before opening the meeting for questions and answers from these gentlemen, he would like to make one comment. He had talked with the City Council and the Chief of Police previously and said that he was not receptive to the program at this time. Since then, the Mayor stated that he had changed his mind. He was basing it on the fact that the public would probably not be receptive to this program when there was so many burglaries, and etc., in the community. The Mayor further said that he should not have even considered that idea as there was an accident situation in the City of Caldwell and something should be done about it. There was some discussion by the City Council and the Police Chief regarding particulars of the Grant and how it would be instigated in the Department. Councilwoman Williams asked that if Caldwell would receive this Grant, how many years would it be for. The Police Chief stated that it was a two year program. Councilwoman William's concern was if the City of Caldwell would have to continue with the program after the two years was up. Dave Amik, Traffic Safety Specialist with the Office of Highway Safety, was recognized and stated. that the intent of the program was to help cities to cover the initial overhead of starting up a project so that they can gradually take people on to continue their traffic enforcement capabilities. In Caldwell, it was obvious that the City had a manpower problem and they would hope to bring Caldwell up to at least a comparable level to the other cities. They believed that this was one of the reasons that Caldwell has a high accident rate as the City does not have the manpower to address that kind of priority. Their experience has been with other cities that once they have the STEP Program, they find that with very little expenditure of monies they can help the situation. Mr. Amik further stated that the City of Caldwell should look at it as a contract and not a grant. Art Musser, the Police Chief from Nampa, was recognized and stated -! that in going into a new program of this kind, it was important to educate the public as there will be adversity to it. The City of Nampa did not continue into the program for the third year as they felt they could accomplish their original goals after the second year by obsorbing the officers instead of waiting another year. It was Nampa's feeling that the program was very effective in their City. Sgt. Jim Spears, who administers the Boise STEP Program in Boise, was then recognized and explained! at some length how successful this program had been in the City of Boise. Iie minted out that this was not a revenue generating program, but the primary objective was to reduce accidents. The number of accidents in the City of Boise Book 22 Page 334 declined shortly after the program was instigated. The City of Boise was in their third year and planned to continue. The Council discussed this program briefly and determined that they would meet with the Chief of Police that Friday at 3:00 to discuss the Grant further. The Mayor stated that there would be no action taken at this Meeting, but would be on the Agenda for the next Regular City Council Meeting. (RESOLUTION NO. 69 -81 - AUTHORIZE ACQUIRING FEDERAL SURPLUS PROPERTY FROM IDAHO STATE BUREAU) Ron Redmond, City Engineer, explained. that this Resolution was simply to update the names on a form Resolution for the State to authorize the purchase of Federal surplus property from Idaho State Bureau. The Mayor read the Resolution by title and names only as follows: Be it Resolved by the Governing Board, or by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordered that the officials or employees whose names, titles, and signatures are listed below shall be and are hereby authorized as our representatives to acquire federal surplus property from the Idaho State Bureau of Surplus Property under the Terms and Conditions listed on the reverse side of this form. Jack Johansen, Water Superintendent Thomas W. Burns, fire Chief Dennie L. Shippy, Street Superintendent Richard W. Dormois, Chief of Police Ron Redmond, City Engineer Glen Hollis, Sewer Treatment Superintendent MOVED by Williams, SECONDED by Betts that Resolution No. 69 -81 be passed. Roll call vote. Those voting yes: Williams, Raymond., Mallea, Hopper,-Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED (MAYOR'S COMMENTS) 1. December 4th Tree Lighting. The Mayor explained that there will be a tree lighting ceremony at 7:00 on the 4th of December. It was hoped that everyone in the City would be encouraged to come down to this ceremony to help decorate the tree. 2. Report on F.A.A. finance. The Mayor reported that the check from the F.A.A. was received and he just wanted the Council to be aware that it did arrive. Claim from Valley The Mayor read a claim received. from Valley Floral regarding a sewer backup. This claim was turned over to Pete Cowles and Jack Carter for review. (RELEASE OF RETAINAGE IN ESCROW ACCOUNT) The Mayor read the following memorandum received from the City Engineer: -_ Attached is a request from 1'arametrix on behalf of Valley Inlan( Pacific Constructors to release the retainane held in escrow for the Sewer Treatment Plant Project. As identified in Jim Walker's letter, virtually all of the work at the Treatment Plant has either been completed or resolved and has been operating for a period of time. There is still approximately $150,000 owed to VIPCO with an additional $11,930 in change orders being requested. The funds set aside in the escrow account amount to $133,566.94. There- fore, we will still be retaining approximately $16,500 due Book 22 Page 335 VIPCO on finalization plus the additional for change orders. We have advertised for 3 weeks in the paper for any sub- contractors who have not been paid to notify us. Caldwell Electric was the only one with an outstanding bill of approximately $16,300. I believe we will be adequately covered with the $16,500 retainage plus the addition for change orders and follow Parametrix' recommendation to release the funds to VIPCO that are held in escrow. It was then MOVED by Hopper, SECONDED by Carter that the City Council accept the City Engineer's recommendation and pay VIPCO according to the terms as outlined. MOTION CARRIED (CATERING PERMITS) The City Clerk presented four Catering Permits for approval. All four of the permits were requested by the Eagles Lodge to be catered by the Corral. The dates for the permits were December 8th, December 12th, December 19th, and December 31st. The Chief of Police approved all of these requests and the fee was paid to the Office of the City Clerk. MOVED by Carter, SECONDED by Betts that approval be given for the four Catering Permits as presented by the City Clerk. MOTION CARRIED (CHANGE ORDERS FOR PROJECT ON EAST CLEVELAND) The City Engineer, Ron Redmond, informed the City Council that there was a couple of change orders for the project on East Cleveland that he would like to have approval of. The first one was to add a service connections which was already discussed which would be in the amount of $38,000 and the second change order was that they had run into concrete underneath the highway at the project. This was not anticipated and they have given the City an additional cost price of $13.90 per lineal foot for approximately one hundred and fifty feet at a cost of $2,085. Mr. Redmond felt these costs were reasonable and would recommend approval. MOVED by Raymond, SECONDED by Mallea to approve the change orders as presented by the City Engineer. MOTION CARRIED (EXECUTIVE SESSION REQUESTED) Councilman Raymond informed the City Council that the City Attorney has requested that the Council schedule an Executive Session regarding personnel on December Ist at 11:30 a.m. MOVED by Raymond, SECONDED by Mallea that an Executive Session be scheduled at 11:30 a.m., December lst, pursuant to the Idaho State Code 67 -2343 for the purpose of discussing personnel. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter, Betts, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED There being no further business, the Meeting was adjourned at 2:30 p.m APPROVED AS written THIS lst nAv nP December IQRi (. Council an" � an Cou lman Councilman ATTEST: Councilman �.-- Councilman C i t y C I-erlr,