Loading...
HomeMy WebLinkAbout1984-01-24city council minutesBook 25 REGULAR MEETING January 24, 1984 12:00 Noon Page 19 The Meeting was called to order by Actin;:, Mayor Jack Carter. The 'Acting Mayor requested that: everyone stand and give the Pledge of Allegiance. The Roll of the City Council was called with the following members present: Norman, Mallea, Marcus, and Raymond. Absent: Cowles. (AUDIENCE PARTICIPATION) The Acting 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. Since there was no one, the Mayor declared that the Meeting would continue as outlined on the prepared Agenda. OLD BUSINESS (REPORT ON DOUGLASS LEASE - RESOLUTION Ron Redmond, the City Engineer, stated that he distributed a memo to the members of the City Council with regard to this lease. The memo was as f_olows: There is virtually no record as to the circumstances of the negotiations on how the City obtained the property; however, Betty Jo remembers the situation,. The City wanted to purchase the site for location of a future above ground water storage tank. The property owners who sold to the City were the Douglasses who also are the current lessees of the property. Betty Jo indicated thatthe Douglasses did not want to sell the property and actually sold to do the City a favor. Therfore, as a condition of sale (verbally), the City would lease the property back to them to use for one dollars a year. This dollar a year lease was drafted and executed in November of 1977 with a term of 5 years and an option to renew for an additional 5 years. (This option in order to be exercised had to be in writing.) The lessee is supposed to pay all state, county and irrigation taxes during the tern of lease. Betty Jo remembers that verbally the people were told they could lease as long as they wanted as long as the City did not need the property. The current use of the property is for agricultural purposes. The City's use of the property in the future would probably be for a well site, although the Douglasses did not want a well placed there because of potential interference for their own well. (A restriction was not placed on the deed.) It should also be noted that the subject parcel does not have public access or easements to interconnect the parcel to our present distribution system. - One of the specific items requested of CH2M in our recent water Study was an evaluation of the need for additional above ground storage vs. the expansion of our well system as a means for water distribution. They indicated the continuing expansion of our well system would be the most cost effective. Although the site may not be used for purposes of above ground storage (this may change in the future), the City should retain the site for potential alternate uses. Book 25 Page 20 Mr. Redmond further informed the City Council. that a letter was received addressed to the Mayor and City Council requesting that the lease be renewed. Councilman Raymond stated that after reading the report from Mr. :Redmond, he did not have any objections to the lease renewal. Councilwoman Marcus questioned as to whether the lease would go with the Douglasses or with the property. Mr. Redmond said that the lease was strictly with Mr. and Mrs. Douglass. Councilwoman, Mallea questioned that in the event the City does require the ; property, would it be necessary to condemn for right of way. Mr'. Redmond informed the Council that there was access via a school. road adjacent to the property. This was not public as it was an internal routing of the School District. The City would have to get access via condemnation or get an easement from the school which should not be any problem. The Acting Mayor then read the Resolution by title only as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A LEASE BETWEEN THE CITY OF CALDWELL AND KENNETH I. AND DORIS E. DOUGLASS, HUSBAND AND WIFE. MOVED by Raymond, SECONDED by Mallea that the Resolution be passed authorizing the execution of this lease agreement with Mr. and Mrs, Douglass, Roll call vote. Those voting yes: Raymond, Norman, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (THIRD READING OF BILL NO. 1 - VACATICN OF ALLEY AT TROLLEY SQUARE) Mr. Redmond stated that one of the concerns with regard to this alley vacation was that initially the Trolley Square people wanted to build a pedestrian crossway across the alley to enable an elevator to be placed in the parking lot. Several_ options were discussed with them and they finally decided they did not want to install a pedestrian crossway and all plans for doing so,.___- were dropped. There was another question with regard to the vacation. If vacated and they put in some special stone or rock in the alleyway for people to walk on, there could possibly be additional costs for the City if it was necessary to do repairs in the alley. It was Mr. Redmond's recommendation that there be language added to the Ordinance stating that the owner is not restricted from placing special or decorative surfacing over the easement area; however, the public or utilities shall not be responsible for excavation and restoration costs that are not normal or customary due to any special or decorative surfacing. In other words, the City or any utilities that had to go in for repairs would only pick up the tab which would be considered normal.. Other costs above that would have to be paid by the Trolley Square people. Mr. Redmond also stated that they did receive a signed easement from Don Dunn. There was similar language in the easement: The public or utilities shall not be :responsible forrestoration costs that are not normal or customary due to special or decorative surfacing. The Acting Mayor then read Sill No. 1 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOTNING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT MOVED by Raymond, SECONDED by Norman that the rule be suspended for reading the Bill in full for the third reading and that Bill No. 1 be passed and entitled Ordinance No. 1664. Book 25 Page 21 Councilwoman Mallea stated that as she recalled there was a request to the City Engineer that he meet with the developer along with the utility people. Mr. Redmond assured her that this was accomplished. Roll call vote. Those voting yes: Raymond, Norman, Mallea, and Marcus. Those voting no: none. Absent and not voting Cowles. MOTION CARRIED (SECOND READING OF BILL NO. 3 - TRAFFIC ORDINANCE) Councilwoman Mallea was recognized and stated that she would like to declare this the second reading of Bill No. 3 and leave it open for discussion. Council members agreed and it was declared the second reading. (REQUEST FOR CHANGE, IN PERSONNEL POLICY) Councilwoman Mallea explained that the City Council received a memo from Donna Talley asking for a change in the personnel policy. The memo was as follows: Page 23, item 4, section 5, states the condition for carryover of vacation leave. It now sp ecifies that the calendar year is the basis for carryover and we would like to have it changed to an employee's anniversary date. The reason for this is that we are in the process of nutting our vacation and sick leave schedules on the computer. Since everything concerning an employee is based on their date of employment, it would be easier for us to implement this program by only having to use one date as the basis for their sick time and vacation time. The present program does not allow for two different dates to be used; therefore, a programming change would have to be made before we could start entering data. To save us programming costs and also to save the necessity of tracking two different dates, we are asking that these dates be combined. Councilwoman Mallea stated that she had no problem with this request. MOVED by Mallea, SECONDED by Norman that this request be granted. Councilwoman Marcus pointed out that there was an error in the request. Where it says item 4, section 5, it should be item 5, section 4. She would suggest that this be corrected if it was to become Dart of the policy. MOTION CARRIED NEW BUSINESS (AWARD BIDS - PARKS DEPARTMENT) Councilwoman Mallea reported with regard to the bids received for the mowers and sprays for the Parks Department. The three bids received on spray materials were: FMC 5 22,001.00 wiiber Ellis 22,455.50 Snake River Chemicals 22,700.00 The amount budgeted for the spray was $30,000. the Parks and Recreation Department recommended going with the low bid from FMC in the amount of 522,001.00. MOVED by Mallea, SECONDED by Raymond that the low bid from _'MC in the amount of $22,001.00 for the spray materials be accepted. MOTION CARRIED Book 25 Councilwoman Mallea stated 72 inch rotary mowers as f Boyd Martin Jacobsen Turfcraft Hustler #295 Jacobsen Turfcraft Rage 22 that there was bids received for the Dllows: #Grw224 $9,249.00 9,900.00 #DW224 10,664.00 Turf Equipment Co: Toro Groundsmaster )30780 10,325.00 The Parks and Recreation Department recommended the purchase of the Hustler 4295. The Parks Department was currently using this model and was very familiar with it's operation both operational and mechanically. The Department feels that this unit is -- superior in mobility and more suited for the freeway area it will be used on. It's purchase will also make parts interchangeable. This bid would still go to the lowest bidding agent in that two of this agent's bids were lower than the other bid. It was the Parks and Recreation Department opinion that the benefits of going with the bustler model out weigh the price difference. The bids were under the new equipment level of $10,000. There was $11,000 budgeted for this mower. MOVED by Mallea, SECONDED by Raymond to accept the bid from Boyd Martin for the Hustler ;(295 in the amount of $9,900.00. MOTION CARRIED (DEEDS AND EASEMENTS) Mrs. Robison presented the Deeds and Easements. The Grand Lodge of Idaho, Independent Order of Odd Fellows, Inc., was going to be constructing a senior citizen's rousing project on their property on Elgin between lath and 16th. The City requested along with the project a right of way that the City did not have for 14th, 16th and Elgin and also an Easement for the sewer line which runs through the property. They have executed these two documents. There will also be a zone change required which would be'`_, scheduled for the 21st of February. The Planning and Zoning Commission recommended the zone change. There was also an easement on the alley, Block 6 of the Original Townsite from Don Dunn. Mrs. Robison stated that she would like to request that the C:Ety Clerk not record this easement until after the Vacation Ordinance was published. They could then be recorded at the same time. MOVED by Mallea, SECONDED by Raymond that the Deeds and Easements be accepted and the city Clerk be instructed to have them recorded with the exception of the Easement for the alley by Don Dunn which will be held until after the Ordinance was published. MOTION CARRIED (CHANGE IN COMMITTEE APPOINTMENTS) The Acting Mayor stated that there was a couple of changes in Committee appointments,. On the Golf Board, Councilman Carter was removed and Councilman Norman appointed; Councilman Norman was removed from the Senior Citizen's Board and Councilman Carter left on. (COMMITTEE REPORTS) �— Councilwoman Mallea reported that. she thought the meeting with the F.B.I. went very well. Councilwoman Mallea also stated that she would like to request a short Executive Session after tae Regular Meeting to obtain direction on a personnel matter. Book 25 Page 23 MOVED by Mallea, SECONDED by Norman that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2341 for the purpose of discussing a personnel :natter. Roll call vote. Those voting yes: Mallea, Marcus, Raymond, and Norman.: Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED Councilman Norman informed the Council that he met with the Stadium Board and all seems to be fine: The new sign was now in place at the Complex which was a good addition. Councilwoman Marcus commented that there was a discussion at the Stadium Board Meeting regarding the new electrical outlets being put in. There was an extra charge of $150.00 to put them in a more advantageous place. They were also getting some price estimates on new stalls. The Caldwell Night Rodeo dates were set for August 14 - 18, 1984. This will be their 50th Anniversary and one of their projects is a new announcer stand. The Little Britches was also planning to celebrate their 20th Anniversary. (MAYOR`S COMMENTS) The arrival of Councilman Cowles was noted. The Acting Mayor stated that there was no Mayor's comments so he would adjourn for a few minutes .before convening into the Executive Session. The Meeting was called back to order as there was one order of business that was overlooked. Mike Gable and Chuck Houchins were present at the Meeting to discuss the agreement the City had with Shaw Bench Company. Mr. Houchins explained that those involved in Project 101 were interested in taking over the benches in the City of Caldwell. There was presently an agreement with Mr. Shaw to do these advertising benches in Caldwell and they were present at this time to ask the City to not continue with this agreement and allow they: to take it over. The City Council discussed this at some length. Mr. Gable further said that they were negotiating with the Shaws to purchase the existing benches from them. Hopefully, if Project could take over and expand the benches, they could expand the base and create a better product. The funds derived from t'ne benches would be turned over to Caldwell City promotions. The agreement at this time could be terminated upon notice. Councilman Raymond stated that he was in agreement with what Project 101 wanted to do, but he would like to have the City Attorney handle it. MOVED by Raymond, SECONDED by Norman that the City Attorney be directed to notify the busiess that was currently holding the lease on the benches of the City's intent to terminate the lease. Councilwoman Mallea stated that she would orefer that it come from the other direction. She would rather that the people cone back to the City of Caldwell with an agreement. It was her suggestion that action be delayed for a week as she would like for the City not to be the instigator_ Mrs. Coneinformed the City Council that there was a meeting that afternoon with the Shaws to attempt to work out an arrangement. The Acting Mayor then requested a roll call vote on the motion. Those voting yes: Raymond, Norman, Marcus, and Cowles. Those voting no: Mallea. Absent and not voting: none. Book 25 MOTION CARRIED Page 24 The Regular City Council Meeting was adjourned at 12:05 p.m the Councilconvened into an Executive Session, which adjourned at 1:30 P.m. APPROVED AS written T H I S 7tH DAY February 1984. n C,66nc 117 - 1 C-Ob n c i 1 f� a I , A TTE S T : and was O F City C