Loading...
HomeMy WebLinkAbout1985-02-05city council minutesBook 26 Page 24 REGULAR MEETING February 5, 1985 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: Mallea, Carter, Norman, Raymond, and Marcus. Absent: Cowles. Note: Councilman Cowles present at 7:45 p.m. (APPROVAL OF MINUTES) MOVED by Mallea, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of January 15, 1985, and the Regular City Council Meeting of January 22, 1985, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to bring anything before the City Council that was not on the prepared Agenda. The Mayor asked two high school students to stand and introduce themselves. Lori Feller and Jennifer Braun were present at the meeting and explained that they were members of the Cougar Connection and both were liaisons to the City Council. The Mayor then declared that the meeting would continue as outlined on the prepared Agenda. OLD BUSINESS (SECOND READING OF BILL NO. 2 - AMEND CITY CODE REGARDING CARD LICENSING) The Mayor stated that the first item under Old Business was the second reading of Bill No. 2. The Mayor explained that this was a correction to the City Code amending that portion of the Code requiring a license for card playing in the City of Caldwell. The Council determined several years ago that the City would no longer have card licensing, but an Ordinance was never prepared changing the City Code. The Mayor then read Bill No. 2 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 13, TITLE IV, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO BY ADDING AND DELETING CERTAIN LANGUAGE PERTAINING TO POOL AND BILLIARD HALL LICENSES REQUIRED„ FEES, MINORS, AND LICENSE RESTRICTIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. It was MOVED by Mallea, SECONDED by Norman to suspend the rule requiring the reading of the Bill. at three separate times and that the Bill be passed on the second reading and be read by title only. Roll call vote. 'Those voting yes: Mallea, Marcus, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED MOVED by Mallea, SECONDED By Norman that Bill No. 2 be passed and entitled Ordinance No. 1.687. Book 26 Page 25 Roll call vote. Those voting yes: Mallea, Marcus, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED NEW BUSINESS (AWARD BID FOR AG CHEMICALS FOR THE PARKS DEPARTMENT) The Mayor explained that there was some difficulties with awarding this bid. It was the normal procedure to request total bids, but in this case there was individual chemicals requested and the bids were submitted as such. The bids for one of the chemicals was tied between two companies. A gentleman from one of these companies was in City Hall and suggested that the bid be split for that particular item. Based on the fact that there was some question about the bid, it was the Mayor's recommendation that the City Council reject all bids and ask that the bids be resubmitted. The Mayor felt that several members of the City Council who discussed this problem agreed to this concept. Councilwoman Mallea further stated that two of the bidders submitted the same bid for one batch of chemicals, but there was a difference in the other bid, where the invitation to bid did not say they had to be totalled together and were not added together by those people bidding, she would agree with the Mayor's suggestion that the Council reject the bids and ask for another bid. There was only one bond issued which was five percent of the total of both items. MOVED by Mallea, SECONDED by Carter that the bids be rejected for the agricultural chemicals and that a new invitation to bid be published asking that the bids be considered separately. MOTION CARRIED (PROPOSAL FROM THE CHAMBER OF COMMERCE) The Mayor introduced Joe Ledgerwood to the members of the City Council and asked if he would present the proposal from the Chamber of Commerce. Mr. Ledgerwood explained that the Chamber of Commerce was considering a move from their present location in order to facilitate a tourist information center. It was felt that by moving to the new location, they could enhance their effectiveness with a new facility adjacent to Interstate 84 at J.C. Park. The Chamber was asking for the City's cooperation in this venture. Mr. Ledgerwood further stated that the Chamber has received a cash offer for their buiding and land from a neighboring business which wished to expand. The proceeds from this sale will enable the Chamber to build a new building at J.C. Park. Mr. Ledgerwood then displayed a model of the proposed building. The arrival of Councilman Cowles was noted at 7:45 p.m. Mr. Ledgerwood further explained where they would like to build the new facility and how they would like for the City to help them. It was suggested that the City lease the ground to the Chamber on a ninety -nine year lease at One Dollar per year. There was some discussion with regard to the length of the lease with the proposal from Councilwoman Mallea that the lease be for forty -nine years rather than the ninety -nine. Councilman Raymond also suggested that the proposal be presented to the Planning and Zoning Commission for their action. Book 26 Page 26 After more discussion, it was MOVED by Raymond, SECONDED by Norman that the City Council coo on record as supporting the concept and establish intent to enter into a long term lease with the Chamber of Commerce for a tourist information center at J. C. Park. MOTION CARRIED The Council then requested that the Chamber prepare specifics for the City to turn over to the City Attorney. (AGREEMENTS WITH HIGHWAY DEPARTMENT - BRIDGE INSPECTION AND TENTH STREET) The Mayor explained that the City Engineer was ill but he did prepare the following memo with regard to this item on the Agenda: I - Bridge Inspection Agreement - This Agreement provides for a federally assisted bridge inspection program for all our bridges within the City in excess of 20 feet in span length. An inspector is brought in once a year and advises on structure condition, repairs and possible weight limits. This has been a good program for us in the past and should be continued. II - Tenth Street Relinquishment - The approval of this agreement is a duplication of an agreement previously approved by the Council last year. The State is requesting reapproval of the agreement in order that the date for the City accepting Tenth Avenue from the Interstate to Cleveland would be set back to September of 1985. As you recall, a number of items of work had to be performed by the State prior to the City accepting the street. These items are addressed in Section I, items 5 through 7. in reviewing the previous agreement, State Attorneys were apprehensive about spending State funds on a street that had already been given to a City. This agreement postpones the date of relinquishment to September of 1985 to allow them to perform the aforementioned items on a street that would technically be a State Route. I've discussed with Bill Sacht the potential jurisdictional problems with Tenth Avenue with respect to new businesses and changes on approaches or the vacation of Denver. He indicated that we could proceed with Tenth as if it were ours as this new agreement was just to preclude potential auditing problems down the road. We should proceed with its approval. The Council discussed the two agreements at some length. Councilman Raymond stated that he had some concern with regard to the agreement dealing with Tenth Street. It was his understanding that there was still some work that the City wanted the State to be responsible for. It was MOVED by Raymond to delay the acceptance of the agreement with the State until September of 1985. Councilman Norman and the Mayor pointed out that the Agreement states that all those things requested by the City were taken care of. Councilwoman Mallea stated that since there was some question about this agreement that action be delayed until the ` next City Council Meeting when the City Engineer would be present to explain the agreement. The Mayor then read the following '.Resolution for the Agreement on the bridge inspections: Book 26 Page 27 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE STATE OF IDAHO DEPARTMENT OF TRANSPORTATION. 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 Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and the state of Idaho Department of Transportation concerning bridge inspections. MOVED by Mallea, SECONDED by Norman that the Resolution be passed authorizing the Mayor and City Clerk to enter into the agreement for the bridge inspections. MOTION CARRIED (SET TIME FOR NEXT COUNCIL MEETING) The Mayor explained that the next Monday was the time set by State Code for the City Council to meet for the purpose of estimating funds necessary for irrigation for the year 1985. The Council determined that the Regular City Council Meeting would be held on Monday at noon rather than the scheduled Tuesday meeting. (CATERING PERMITS) The City Clerk presented two Catering Permits for approval by the City Council. Both were to be catered by The Corral for the Owyhee Motorcycle Races at the Fair Building at the Simplot Complex, One was for the 16th of February and the other for 23rd of February. The Police Chief gave his approval and the fee was paid to the Office of the City Clerk. MOVED by Mallea, SECONDED by Raymond that approval be given for the two Catering Permits as presented by the City Clerk. MOTION CARRIED (LETTER FROM CITY ATTORNEY ON V.F.W. AND AMERICAN LEGION REQUEST) The Mayor read the following letter from John Connolly, the City Attorney: This office is responding to request for legal opinion as to the donation of the former City Hall building on Blaine Street to the Veterans of Foreign Wars and the American Legion. It is obvious that pursuant to State Code, that municipalities have the power to sell, exchange or convey real property owned by the City to other parties such as the American Legion or the Veterans of Foreign War. It is also required by State law that prior to that occurring, the property be appraised to determine its value and the property shall not be transferred until an ordinance is passed by the City Council allowing the public to comment and prevent the transfer. it is furthermore State law that public property must be transferred after public auction. Public policy would require the City of Caldwell to maximize its fiduciary responsibilities towards the assets of the City. Along these lines a fair market value may be seen as an appropriate goal for any disposition of the old City Hall. It is the opinion of this office that a transfer of the former City Hall in any manner inconsistent with the description above would be contrary to State law. If I can be of further assistnace to you, please do not hesitate to contact me. Book 26 Page 28 It was then MOVED by Raymond, SECONDED by Carter that the request from the V.F.W. and the American Legion be denied. MOTION CARRIED The City Council requested that the Mayor notify those who made the request. (COMMITTEE REPORTS) Councilwoman Mallea welcomed Councilman Cowles back to town after an absence of several weeks. She also reported that at Noon on Wednesday, there will be a Open House Planning Committee Meeting in the Engineer's Conference Room. Councilwoman Mallea also stated that she had been advised to inform the City Council that-- on Friday at the Hong Kong Cafe would be the Fire Chief's dinner. Councilman Carter reminded the City Council of the Ladies Golf Luncheon on Thursday. Councilman Norman stated that the Finance Committee had a list of past due bills from the Water Department that required Council approval to be turned over to the collection agency. MOVED by Norman, SECONDED by Mallea that the past due bills be turned over to a collection agency. MOTION CARRIED Councilwoman Marcus reported that there was a Vaudeville Committee meeting and everything was progressing well. (MAYOR'S COMMENTS) The Mayor informed the City Council that a bid figure was received for having the City seal made into a wall decoration for the City Council chambers. The price quoted was $800 from Bob Gerdes. The Mayor felt this was a good price and everyone was - aware of what beautiful work he did. There was a necessity of taking action on this decision right away due to the time period involved. The City Council discussed this at some length particularly with regard to a request for a donation that was made in behalf of the City. Also discussed was a possibility of having something done in wood. MOVED by Norman, SECONDED by Cowles that the City Council authorize Mr. Gerdes to proceed with the seal and that the Committee work with him on the design. MOTION CARRIED There being no further business, the Meeting was adjourned at 8:20 p.m. APPROVED AS written February , 1985 C'd n i "pers C Councilperson ATTEST: DAY OF City C1e is