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HomeMy WebLinkAbout1985-01-15city council minutesBook 26 REGULAR MEETING January 15, 1985 7:30 p.m. The Meeting was called to order by Mayor McCloskey. Page 12 The Mayor recognized Boy Scout Troop 4205 and asked one of the Scouts to please come forward to :Lead the audience and Council in the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Carter, Norman, Raymond, Marcus, and Mallea. Absent: Cowles. (APPROVAL OF MINUTES) MOVED by Norman, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of January 2, 1985, and the Regular City Council Meeting of January 8, 1985, 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. As there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (SECOND READING OF BILL NO. 1. - AMEND CODE TO ADOPT AIRPORT RULES AND MINIMUM STANDARDS) The Mayor stated that Item No. 1 under Old Business, which was the second reading of Bill No. 1 regarding the Code amendment to adopt the Airport Rules and Minimum Standards, would be delayed due to some dissatisfaction with the Bill. (SET DATE FOR AUCTION OF OLD CITY HALL) The Mayor said that the first item under Old Business would be to set the date for the auction of the old City Hall. It was the Mayor's suggestion that the auction be set for an evening City Council Meeting. It would be necessary to advertise the auction three times in the local newspaper so March 5, 1985, would be the logical time. The Mayor then declared that the auction of the old City Hall would be on March 5, 1985, 7:30 p.m. during the Regular City Council Meeting. NEW BUSINESS (RESOLUTION TO FORM COMMITTEE FOR SHARE OUR SURPLUS) The Mayor read the following Resolution in full: RESOLUTION FORMING A COMMITTEE FOR THE DISTRIBUTION OF SURPLUS FOOD TO THOSE IN NEED. WHEREAS, There are persons and families in Canyon County and other Counties in the State of Idaho who are in great need of food products to keep from going hungry; and WHEREAS, Many of these persons and families are unable to purchase those food products due to their inability to pay for them; and WHEREAS, There exists surplus foods or other foods that persons are willing to donate and monies that are donated or received from grants for the purpose of purchasing food for distribution to those in need; and Book 26 Page 13 WHEREAS, the Mayors of Caldwell and Nampa have undertaken the task of locating and seeing to the distribution of these monies and foods. NOW, THEREFORE, BE IT RESOLVED, That the Mayor and City Council of the City of Caldwell desire to form the S.O.S. Commission, an acronym for SHARE OUR SURPLUS, in conjunction with the City of Nampa for the purpose of acceptance of grant monies for the purchase of foods; seeking surplus foods; seeking donations for the purchase of foods and the ultimate distribution of those foods to those in need. The Mayor informed the City Council that $4,500 was received in Grant Monies and it was necessary to take this action to be legal with the Internal Revenue Service. Otherwise a non- profit corporation would have to be formed. MOVED by Mallea, SECONDED by Carter that the Resolution be approved as presented by the Mayor to form the Committee. Roll call vote. Those voting yes: Mallea, Carter, Norman, Raymond, and Marcus. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED (RESOLUTION - FARM LEASE WITH WILBUR ANDREW) The Mayor read the following Resolution: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A FARM LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND WILBUR L. ANDREW AND ELLA B. ANDREW. BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell as Lessors and Wilbur L. Andrew and E11a B. Andrew, as Lessees; and BE IT FURTHER RESOLVED that payments required therein be authorized by the City Council, City of Caldwell. The Mayor explained that this land was by Purple Sage Golf Course and Mr. Andrew has agreed to the renewal of the lease. MOVED by Raymond, SECONDED by Norman that the resolution be passed authorizing the execution of: the farm lease agreement with Wilbur and Ella Andrew. Roll call vote. Those voting yes: Raymond, Marcus, Mallea, Carter, and Norman. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (REQUEST FOR BEER AND WINE LICENSE - CHLERS) The Mayor read the following memo from the Police Chief with regard to a request for a new beer and wine license for Cheers: Jennifer Bullis has applied for a beer and wine license for an establishment to be called Cheers. She has no known criminal record to preclude the issuance of this license. MOVED by Raymond, SECONDED by Norman that the beer and wine licenses be granted as requested. MOTION CARRIED Book 26 Page 14 The Mayor stated that at this time he would like to discuss another item which was not on the prepared Agenda. A Catering Permit was requested by John Bullis to cater at Cheers on Friday and Saturday night of this week. Mr. Bullis was in to talk to the Mayor and stated that he intended to request a Catering Permit each weekend to cater at Cheers. What he was really trying to do was use one liquor license at two separate establishments. The Mayor further said that he talked with the Police Chief about this and the Police Chief checked with the people in Liquor Law Enforcement in Boise. The Chief subsequently submitted the following memo to the Mayor and Council: It has been brought to my attention that ,john and Jennifer Bullis intend to apply for catering permits on a regular basis. As I see it, this would allow dispensing of liquor at two establishments under one liquor license. I have checked this with the Alcohol Beverage Control Board and they have advised me that this is in violation of Idaho State Code 23 -934A. They pointed out case law that states that the establishment must presell tickets and cannot be open to the public in order to comply with the catering statute. The agent I talked to stated they had other incidents of this happening and they would support me if I denied this application. Based on this information, I decline to approve this application. MOVED by Mallea, SECONDED by Norman that the application for a Catering Permit as submitted by John Bullis be denied, MOTION CARRIED (ACCEPT PUMP STATION FROM GARY LASHER) The Mayor called on the City Engineer to present this item. Mr. Redmond informed the City Council that there was some questions as to the wording of this agreement. The City Attorney has some minor_ changes that need to be made, but Mr. Redmond stated that he would like to have the Council go ahead and approve the agreement at this time subject to the City Attorney °s modifications of the agreement. By way of explanation, the City Engineer said that this was with regard to the pump station at Florida and Cherry. Gary Lasher has been operating this for a period of time. It was constructed according to City specifications and was to transfer to the City for their ongoing maintenance and ownership some time ago. However, the transfer couldn't take place because he did not have total ownership of the property'. Mr. Lasher does now have ownership of the property and wishes to transfer it to the City. The transfer is conditional upon an agreement. The agreement in concept is that should the City no longer have a need for the property and the pump station, it would revert back to Mr. Lasher. Also, the station was designed for a specific area off South Florida and Mr. Lasher wants the right to attach onto the sewer lines all of the area for which the pump station was originally designed for. Mr. Redmond stated that this was all right as the original agreement stated all future land ownerships in that general area. Mr. Redmond further said that he would like to restrict it to only that which the pump station was originally designed and Mr. Lasher was essentially taking care of that. The primary clause in the agreement was the reversionary clause that if Mr. Lasher gets it back, he would be allowed to connect on those properties for which it was originally designed. The City Attorney has looked it over and in concept he sees no problem, but there was a couple of areas in the deed and the wording of the agreement that he would like to modify. It was Book 26 Page 15 the recommendation of the City Engineer that the City Council accept the agreement at this time subject to the City Attorney's modifications. MOVED by Raymond, SECONDED by Norman to accept the pump station from Gary Lasher subject to the City Attorney's clarification of the contract. MOTION CARRIED (CONTRACT WITH CH2M - DISCUSSION) The Mayor again called on the City Engineer for discussion. Mr. Redmond stated that he just wanted to bring this item to the Council's attention; not necessarily for action, but just to make them aware of it. Copies of the proposed agreement were distributed to the Council in their boxes. This was a proposal by CH2M to design and put out to bid specifications for telemetry and control of the City's water system. Essentially, what they were doing was providing telemetry and automatic control that will come back to a central station, make provision for ten of the City's wells, two booster stations and water reservoir. The proposal asks for a radio controlled system where leased telephone lines would not be used. Telephone lines could be leased that would bring the controls back to a central location, but they believed that by going radio control, the City could recuperate telephone line costs in about five to seven years. Then, the City would own the system. Mr. Redmond also pointed out the dollar: costs which would be broken down into two main areas. One was the actual electronic equipment that will control the wells and booster station and the centralized computer control that will be placed at one central station. Another main area is the modifications to the existing equipment on the wells right now. They hoped to buy the modifications when necessary and the City crews could install without going out to bid. Mr. Redmond requested that the Council members look this proposal over and if they have any questions to please contact the Engineering Department or the Water Superintendent. (SECOND AGREEMENT WITH HOSAC ENGINEERING) The City Engineer explained that this was the smaller agreement with Hosac discussed at the last Meeting. The agreement has to do with that area of the Master Plan at the Airport that would not necessarily be eligible under Federal funding. This one has to do with the layout of the City's proposed industrial park. it also proposes to identify those properties and acreages that the City may need to acquire for Airport purposes and /or industrial purposes. Hosac intends to do a preliminary industrial subdivision, lay out lines of access, utilities and 'now they will be located and do a computability study with regard to the rest of the Airport. The cost for this Agreement will be $4,500. it was presented to the Chairman of the Airport Commission and the agreement was what they discussed with Mr. Hosac and what they intend to have him do. MOVED by Carter, SECONDED by Mallea that the Mayor be authorized to enter into an Agreement with Hosac Engineering. MOTION CARRIED (REQUEST FROM BROWNING FERRIS INDUSTRIES) The Mayor recognized Larry Peterson of Browning Ferris who requested permission to speak to the City Council with regard to a price increase for garbage pickup. Book 26 Page 16 Mr. Peterson stated that he sent correspondence to the Council members so that they would be able to give it some study before the meeting. They were requesting a rate increase of 3.7% which will raise the current residential rate to $5.00 per month. Also, the Commercial rates would raise 3.7 %. Mr. Peterson informed the Council that he would be happy to answer any questions the City Council might have. After further discussion, it was MOVED by Carter, SECONDED by Mallea to approve the rate increase as requested. MOTION CARRIED The Mayor then read the following Resolution in full 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 1, 1985, The Mayor then asked for action on the Resolution as presented. MOVED by Raymond, SECONDED by Norman that the Resolution as read be passed authoring the new rates for garbage pickup by Browning Ferris. Roll call vote. Those voting yes: Raymond, Marcus, Mallea, Carter, and Norman. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (ELECTION OF CITY COUNCIL PRESIDENT) The Mayor stated that this was one time in a Council Meeting that the Mayor has to stand back and let the Council take action. Therefore, he would turn the meeting over to the City Council. It was then MOVED by Carter, SECONDED by Marcus that Councilwoman Mallea be elected as City Council President. MOTION CARRIED (REQUEST FROM V.F.W. - AMERICAN LEGION) The Mayor informed the City Council that they have the information with regard to this request from the V.F.W. and the American Legion. Mr. Stooky and Mr. Smith came to the Mayor asking that this request be included on the Agenda. Their request was that the City of Caldwell donate the old City Hall to the American Legion and the V.F. for their use. The Mayor further stated that within the laws of the State of Idaho, he did not think the City could donate the building. Councilman Raymond said that he would be reluctant to give the building away and he also felt it somewhat inappropriate to set a date for an auction and - then consider giving the building away. MOVED by Raymond, SECONDED by Mallea that this request be taken under advisement and that clarification be requested from legal counsel. MOTION CARRIED (REAPPOINTMENT AND APPOINTMENT TO THE RECREATION BOARD) The Mayor informed the City Council that it would be his recommendation to approve the reappointment of Bruce Papapietro to the Recreation Board and the appointment of Robert Jarboe be Book 26 Page 17 appointed to the Recreation Board. The Mayor further stated that he was in hope that Mr. Jarboe could help with getting disabled people into the recreation program. MOVED by Raymond, SECONDED by Mallea to accept the recommendation of the Mayor and approve the reappointment of Bruce Papapietro to the Recreation Board and the appointment of Robert Jarboe to the Recreation Board. MOTION CARRIED (REAPPOINTMENTS TO THE PLANNING AND ZONING BOARD) The Mayor presented three names that he would like to recommend for reappointment to the Planning and Zoning Board. All three of them were contacted and agreed to - the reappointment. They were as follows: Barbara Pollard, Doyle Mecham, and Mary Higdem. Mary Higdem was appointed to complete a term so it would be necessary to reappoint her. The Mayor also asked the Council for recommendations for another appointment to the Planning and Zoning Board as there was a vacancy. MOVED by Mallea, SECONDED by Carter to accept the Mayor Is recommendation and approve the reappointment of Barbara Pollard, Doyle Mecham, and Mary Higdem to the Planning and Zoning Board, MOTION CARRIED (APPOINT VICE PRESIDENT OF I.L.O.T.) The Mayor explained that according to the Bylaws of I.L.O.T., the City Council has to appoint the Vice President. The Mayor further recommended that Councilman Raymond be appointed as vice President of I.L.O.T. MOVED by Mallea, SECONDED by Norman that Councilman Raymond be appointed as Vice President of I.L.O.T. as recommended by the Mayor. MOTION CARRIED (FINANCIAL REPORT) Councilman Norman reported that the Finance Committee met and have gone over the bills for the City of Caldwell for the month of January. The accounts payable totalled $221,661.97. The payroll totalled $220,686.10 of which $54,320.57 was fringe benefits. This made a grand total of $442,348.07. MOVED by Norman, SECONDED by Mallea that the financial report be approved as presented and that checks be drawn for the bills and the requests for payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea questioned as to whether the staff members have plaques available designating their name and position. She was assured that they do have. It was then MOVED by Mallea that the staff members place their plaques in front of them and sit at their properly designated place during Council Meetings. Councilman Raymond stated that he would SECOND the motion with approval of an amendment stating that they would do this if the Council members place their pictures on the frames downstairs in City Hall. Book 26 Page 18 The Mayor then asked for a vote. MOTION CARRIED Councilwoman Mallea reminded the City Council of the Basque Dance to be held January 19th. She also reported that she attended the Library Board Meeting where they discussed the heating system at some length. They planned to ask for a grant from the Whittenberger Foundation. A request was submitted to Friends of the Library for a copy machine and an alarm system. Also, some time was spent on a Time System Management proposal. Councilman Raymond reported with regard to an informational meeting for the property owners on Canyon Hill area of Florida and Hi.11crest for a possible L.I.D. It was felt that the meeting was successful. Councilwoman Marcus informed the Council that she attended the Project 101 Meeting on Monday morning. They were planning a special sale in February and have recently contributed to the Dee Pickett celebration. The Child Care people in Caldwell invited the leader of the Idaho Child Care Association from Boise to speak to them on Monday night. Many things were talked about, but the main topic was with regard to the cost of the insurance. (MAYOR'S COMMENTS) The Mayor informed the Council that Mrs. Robison furnished information regasrding the cost of special use permits and he would make copies for the members of the City Council. The Mayor further said that he would have to change his opinion on this issue as he was quite amazed at what the report indicated. Copies would be placed in the Council members's boxes. The Mayor then ° stated that he would like to appoint a Committee for the Open House. Members would be Pat Mallea, Durand Marcus, Ron Redmond, Betty Jo Keller, Judy Subia, and the Mayor. Also, the Mayor passed out a list of the Special Committees for the year 1985. The Mayor also said he had a request for a card license from the Western Bar submitted by Tony Solis. The Mayor further stated that he thought the Council eliminated playing cards in Caldwell some time ago. The City Clerk pointed out that it was still in the City Code, but she would check the Code in the morning. No action was taken on this request. There being no further business, the meeting was adjourned at 8:30 P.M. APPROVED AS 1985. w THIS 5th DAY OF February ayor 1oingil a.n /n e Councilperson ATTEST: unci Megson Councilperson City Clerk —