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Home My WebLink About1987-05-11city council minutesBook 28 REGULAR MEETING May 11, 1987 12:00 Noon The Meeting was called to order by Mayor Cowles. Page 64 The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Mallea, Raymond, and L. Carter. Absent: none. (APPROVAL OF MINUTES) It was MOVED by L. Carter, SECONDED by Mallea to dispense with the reading of the minutes of the Regular City Council Meeting of May a, 1987, 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 NEW BUSINESS (OATH OF OFFICE TO BOB JARBOE) Mayor Cowles requested that the City Clerk administer the Oath of Office to Bob Jarboe, who was appointed by the Governor to fill one of the vacated positions on the City Council. After the Oath was given, the Mayor requested that the Roll be called again: Those present were Mallea, Jarboe, Raymond, and L, Carter, Absent: none. A quorum of the City Council was now established so the normal routine business could be accomplished. Mayor Cowles presented a Certificate of Appointment to Councilman Bob Jarboe and congratulations were extended to Mr. Jarboe. (APPLICATIONS FOR FIREWORKS PERMITS) The Mayor presented two applications for Fireworks Permits to the City Council for consideration. The first was an application from the Pyrodyne Corporation to sell safe fireworks at M & w Market. The money was received, a Building Permit secured, the proper insurance submitted, and the permission letter from MI & W Market The second application was from Rockey Mountain Fireworks to sell safe fireworks at R & D Market, corner of 5th and Cleveland, and Paul's Market. The Building Permits were secured, the insurance submitted and the Uermission letters received from each of the owners of that particular property. MOVED by Raymond, SE'C014DED by L. Carter that approval be given for the Fireworks Permits as requested subject to their stands being approved by the Fire Department and the Building Inspector at the appropriate time. MOTION CARRIED (REQUESTS FOR REMOVAL FROM THE CALDWELL MUNICIPAL IRRIGATION SYSTEM - COPELAND LUMBER, NYLUNDS & GREENLEAF FARMS) Book 28 Page 65 Mayor Cowles explained to the City Council that there was three requests for withdrawal from the Caldwell Municipal Irrigation System - Copeland Lumber Yards, Inc.; salter and Margaret Nylund, and Greenleaf Farms, Inc. Each of the petitions included the appropriate money, proof of ownership, and a legal description of the property. The Mayor read each of the letters for the Council's information, MOVED by L. Carter, SECONDED by Mallea that the three petitions for withdrawal from the Caldwell Municipal Irrigation District be denied due to the fact that there is the potential of adverse financial impact to the District because of a reduced revenue base and that the petitions be forwarded onto the Pioneer Irrigation District with this recommendation. Councilwoman Mallea further stated that she was becoming - concerned about the number of people asking for withdrawal from the Caldwell Municipal District. She suggested that Pioneer Irrigation District submit a list to the City of Caldwell as to the outcome of the several petitions that have been sent to them. A meeting should be scheduled with Pioneer to discuss the financial impact so a future course can be charted. Mayor Cowles agreed with this suggestion and said lie would ask for an update from the Engineering Department. A vote was then called on the motion as stated. MOTION CARRIED (REQUEST FOR A TRANSFER OF BEER AND LIQUOR LICENSE FOR CHEERS) The Mayor read the following letter from the Chief of Police: Daniel D. Duke, has applied for a beer and wine license transfer. A criminal history check has revealed no record which would preclude issuance of this license. /s/ Robert L. Sobba Chief of Police All of the paper work was in order. It was then MOVED by Mallea, SECONDED by Raymond that the beer and liquor license transfer requested by Daniel D. Duke for Cheers be approved, MOTION CARRIED (BILL NO. 6 - BONDING ORDINANCE FOR L.I.D. 85 -1) Mayor Cowles requested that Mr. Redmond, the City Engineer, give a brief explanation about this Bill. Mr. Redmond pointed out that a couple of corrections were made to the Hill since the City Council members received their copies. The amount of the unpaid assessment was changed as there was one pay off since the Bill was first prepared. A minor change in -the language was also requested by the City Attorney. Mr. Redmond further informed the City Council that the hearing was held and it was necessary to pass the Bill at this time. The Mayor then read Bill No. 6 by title only as follows: AN ORDINANCE PROVIDNG FOR THE SALE; AND ISSUANCE OF BONDS FOR LOCAL IMPROVEMENT DISTRICT NO. 86 -1 FOR THE CITY OF CALDWELL, IDAHO; PROVIDING FOR THE PAYMENT AND COLLECTION OF SPECIAL ASSESSMENTS LEVIED IN SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE HANDLING OF FUNDS RECEIVED FROM SPECIAL ASSESSMENTS AND THE CREATION AND ENFORCEMENT OF LIENS IN CONNECTION WITH THE SALE AND ISSUANCE OF BONDS; PRESCRIBING DETAILS CONCERNING THE FOREGOING; PROVIDING FOR REASSESSMENT OF ASSESSMENTS AND THE REISSUE OF BONDS; REPEALING CONFLICTING PROCEEDINGS; ORDERING PUBLICATION; PROVIDING IRREPEALABILITY; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. Book 28 Page 66 MOVED by Mallea, SECONDED by L_ Carter to suspend the rule requiring that a Bill be read at three separate times and that the Bill be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Raymond, and L. Carter. Those voting no: none. Abstain: Jarboe. Absent and not voting: none. Councilman Jarboe explained that he did abstain due to the fact that he simply did not understand completely and was not comfortable in voting at this time. Mayor Cowles stated that he could understand Councilman Jarboe's concern. The Mayor then requested that the City Engineer give a brief explanation to Councilman Jarboe with regard to Bill No. 6, the bonding ordinance for L.I.D. 86 -1. After the comments by the City Engineer, the Mayor pointed out that it was necessary to have a one -half plus one of the full council voting in favor of suspending the rule. Therefore, it was imperative that Councilman Jarboe vote on this issue. Mayor Cowles then asked the City Clerk to call the roll again on the motion to suspend the rule. Those voting yes: Mallea, Jarboe, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by L. Carter that Bill No. 6 be passed and entitled Ordinance No. 1745. Roll call vote. Those voting yes: Mallea, Jarboe, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION' CARRIED (RESOLUTION .AUTHORIZING EXECUTION OF THE ENGINEERING SERVICES AGREEMENT WITH J.U.B. ENGINEERING) The City Engineer, Mr. Redmond, explained that this Agreement was for Blaine Street structure repair; more specifically, Warren's sidewalk. The City has been working with the State highway Department on this Contract for some time and the State has finally agreed to accept this draft. Financing is through Urban -D Program and money for the engineering design was budgeted. Once the design is completed, the City planned to petition the State Transportation Board to expedite the construction and completion of the project. Requests were sent out by the City for proposals and J.U.B. Engineering was selected. The contract negotiating phase was accomplished with the State involved and now it was time for the Engineering Services Agreement to be approved. Mayor Cowles asked the City Engineer to further explain this project for the benefit of the audience and for Councilman Jarboe. After the explanation, the Mayor read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF CALDWE:LL AND J -U -B ENGINEERS, INC. 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 Engineering Services Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and J -U -B Engineers, Inc. for the purpose of constructing retaining wall and sidewalk reconstruction along Indian Creek. Book 28 Page 67 Mr. Redmond also pointed out that proceeding with the project was contingent on receiving the monies. The City has been told that the funds are there and available. MOVED by Mallea, SECONDED by Raymond that the Resolution to authorize the execution of an Engineering Services Agreement with J -U -B Engineers, Inc. be passed contingent upon the appropriate funding being received. Roll call vote. Those voting yes: Mallea, Jarboe, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH NISHITANI) Mayor Cowles read this Resolution as follows: RESOLUTION AUTHORIZING TH.E MAYOR AND CITY CLERK TO EXECUTE A FARM LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND GEORGE NISHITANI. 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 Farm Lease Agreement attached hereto and made a part hereof and made a part hereof as if set forth in full by and between the City of Caldwell and George Nishitani. The City Engineer, Mr. Redmond, explained that this Agreement was a standard farm lease. The property referred to was purchased by the City from Mr.. Abe and was .located by the Treatment Plant. In the negotiation procedures, Mr. Nishitani informed the City that there was about thirteen acres under consideration, but three of them were not productive due to gravel. Therefore, there was ten acres to deal with. The cost for farming the ten acres was determined by the same cost factor that has been used by the City for a number of years. Mr. Nishitani has agreed to pay one half of the rent now and the other half the end of December, After considerable discussion, it was MOVED by L. Carter, SECONDED by Raymond that the Resolution be passed authorizing the execution of the farm lease agreement with George Nishitani. MOTION CARRIED (SELECTION OF DELEGATE TO THE SUN VALLEY CONFERENCE:) Mayor Cowles reminded the City Council that the A.I.C. Conference in Sun Valley was to be held in June. It was necessary to select a voting delegate and an alternate for that Conference. MOVED by Mallea, SECONDED by Raymond that the Voting Delegate for the Sun Valley A.I.C. Conference be the Mayor of the City of Caldwell. MOT 1014 CARRIED (CATERING PERMIT( A Catering permit was presented for the Northwest Food Service to cater at Simplot Dining Hall at the College of Idaho. This was to be held on the 22nd of May and the Chief of Police has approved this Permit, - MOVED by Raymond, SECONDED by L. Carter to approve the Catering Permit as presented. MOTION CARRIED (COMMITTEE REPORTS) Book 28 Page 68 There was no Committee reports from the members of the City Council. (MAYOR'S COMMENTS) Mayor Cowles informed the City Council that the Idaho Employer's Council was working at this time to complete job descriptions. On Wednesday, they planned to do an employee survey where a test will be given as well as an interview. The Mayor then stated that he would like to have a motion made with regard to an Executive Session :regarding possible property acquisition. MOVED by Mallea, SECONDED by L. Carter that after the business is completed for the Regular Meeting that pursuant to Idaho State Code, Section 67 -2343, the City Council convene into an Executive Session for the purpose of discussing possible property acquisition. Roll call vote. Those voting yes: Mallea, Jarboe, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED There being no further business, the Regular Meeting was adjourned at 12:40 p.m. and the City Council convened into an Executive Session which was adjourned at 1:00 p.m. APPROVED AS 1987. written THIS 18th DAY OF �1ay Ca 1 -' ounc i_ pe�f son Coun'dilper5on ATTEST: Mayor DAa— 6; u cilperson Councilperson Councilperson = ' 1�� - City Clc -r}