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HomeMy WebLinkAbout1982-07-06city council minutesBook 23 Page 183 REGULAR MEETING July 6, 1982 7 :30 P.m, The Meeting was called to order by Mayor McCluskey. The Mayor requested that everyone st =and and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Mallea, SECONDED by J. Carter to dispense with the reading Of the minutes of the Regular City Council Meeting of June 15, 1982, and the Regular City Council Meeting of June 22, 1982, 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. A Mrs. Delores Prince was recognized and stated that she would like to respond to the newspaper article in the local paper the day before with regard to the number of beer license being issued in the City of Caldwell. There was two questions she would like to ask the City Council. The first was why can't the people in the neighborhood have a say in the kind of neighborhood they desire. The second was when and how can the voting citizens in Caldwell say, "enough ". Mrs. Prince further informed the City Council that yesterday was the first time they heard that there was to be an establishment across the alley from them that would be selling beer. The Mayor and City Council discussed this problem with Mrs. Prince at some length with agreement that there was far too many businesses selling beer in the City of Caldwell. All the City Council and Mayor could do was to try to control them within the best of their ability. It was pointed out that many years ago the citizens of Caldwell voted to allow the sale of beer on Sunday which has not helped the situation at all. The Mayor stated that he talked with the City Attorney and Mr. Morrison felt that if the City Council desires to come up with a limitation, he thought he could put something together although it might be tested in court. Councilwoman Mallea further said that the people voted in the sale of wine and beer on Sundays, not the City Council. The suggestion made sometime ago by the Mayor to charge the establishments for the number of calls made to the Police Department was not supported by the City Council as they feared that the worst offenders would discontinue calling the Police. As a result, there was some very dangerous situations. It was Councilwoman Mallea's suggestion that the public go to their Legislators and :inform them that they were demanding some new laws for this control. Another recourse was to get enough signatures requesting that beer and wine by the drink on Sunday be a referendum on the ballot. The Mayor and City Council assured Mrs. Prince and others concerned in the audience that they were certainly concerned with the situation and would pursue trying to find a solution to the problem. Book 23 (NEW BUSINESS) (C.I.A. AWARD - RAY WOOLERY) Page le4 The Mayor stated that the first item of business under New Business was the C.I.A. Award to Ray Woolery. He further explained that this Award was either Community Improvement Award or Community Involvement Award. This Award has been given just once which was to the Basque Group which have done numerous promotions for charitable causes. The second award was to be given at this time to Mr. And Mrs. Woolery for their involvement in the community and could also be for the improvement of the community. Mr. Woolery for a period in excess of twenty-five years has voluntarily, without anyone asking him or any pay whatsoever, taken upon himself to see that the J.C. Par] was irrigated and protected from vandalism. The Mayor further said that he would include Mrs. Woolery in this Award as he was sure she was a definite part of the project in her support and probably not going places she would have liked to have during the irrigation season. The Mayor then read a short summary prepared by Mr. Woolery with regard to their history in the community: Ray "Chief" Woolery and his wife, Florence, have been married 47 years with two children, Don„ of Kennewick, Washington and Georgia Rush of Nampa. They have four grandchildren. Mr. Woolery went to work for the City of Caldwell in 1937 and worked 16 years as a heavy equipment operator for the Street Department with Poke Glenn as the Superintendent. They have lived at the present location at 224 Galveston for 35 years and has irrigated and protected the J.C. Park for the last 25 years. The Mayor further said that it was this kind of involvement in the community that makes so much difference in what we are as a community. This was something that - the City of Caldwell could be proud of; that this man would voluntarily and willingly spend his time performing a service for the community. The Mayor further commented that he had no idea that Mr. Woolery was performing this task until he became Mayor and then only by accident found it out. The Mayor then requested that everyone give Mr. And Mrs. Woolery a hand and he then presented them with a Certificate of Appreciation which read as follows: In appreciation of becoming involved in assisting the City of Caldwell develop J. C. Park by voluntarily irrigating and protecting the site for twenty -five years. Also presented to Mr. And Mrs. Woolery was a picture of both of them, a copy of which will be hung on the wall of the City Hall along with a plaque with the same wording as the Certificate of Appreciation. (OATH OF OFFICE TO AUXILIARY OFFICERS) The Mayor stated that at this time he would ask the City Clerk to administer the Oath of Office to two new Auxiliary officers of the Caldwell Police Department. The two gentlemen to be given the oath were Jack Hunt and Sam Bass. The City Clerk then administered the Oath of office to Jack Hunt and Sam Bass as Auxiliary Officers. Congratulations were extended to both gentlemen and the Mayor informed the audience that the Auxiliary now consisted of fifteen officers. The new Police Chief, when coming to the City o•f Caldwell, supported the Auxiliary program and has upgraded the Police Department a great deal. The Mayor further commented that he felt that the City of Caldwell was developing an excellent Police Department. Police Chief Dormois then gave a brief history of the two new Auxiliary Officers for the benefit of the City Council and the audience. (REQUEST FOR BEER LICENSE - ROB '.FRANKLIN AT 1515 CHICAGO) Book 23 Page 185 The next item under New Business was a request for a new beer license submitted by Rob Franklin for Franklin Oil outlet at 1515 Chicago. The Mayor read the following memo from Richard Dormois, Chief of Police: Rob Franklin has applied for a license to sell beer at the oil outlet at 1515 Chicago and I have no professional objection based upon Mr. Franklin's character. I have not seen the County license yet but when he gets it, there is no reason under current statute to deny the license. The Mayor explained that this was for packaged beer, all the paper work was in order, the check submitted, and the County License obtained. It was then MOVED by L. Carter, SECONDED by Raymond that the Beer license for Rob Franklin be granted. MOTION CARRIED (WANDA ANTHONY - INTRODUCTION TO COUNCIL OF A NEW CONCEPT) The Mayor requested that Wanda Anthony come forward and introduce herself and present her new concept. Ms. Anthony was recognized and stated that the City Council had been talking about image breakers and she hoped to present to them an image builder for the City of Caldwell. She further stated that she was representing an out of town buyer, Len Meyers. Mr. Meyers was born and raised in Caldwell and just recently purchased the Phoenix Building. They were installing in there a new Pooled Office Concept which was various tenants in the office with one secretary - receptionist serving all of the offices in the building. Where they would like to solicit help from the City was for them to let people know that the office was ready to be leased. They were excited about this as Mr. Meyers was :here this past year and looked at all of the buildings in town that were idle and expressed his feeling that something should be done. Mr. Myers did purchase this one building and if it was a success, he had interest in purchasing more buildings and helping to build the image of Caldwell. She felt that this was a great asset to the downtown area. Ms. Anthony then introduced Christie Wilcox, the Secretary - Receptionist, who would be working during the summer and also part -time during the winter. She further stated that she would like to invite the Mayor and City Council to come over to see the building as she felt that this was something Caldwell needed as an image builder. The Mayor thanked Ms. Anthony and stated that he would certainly be by to see the building. (RESOLUTION NO. 39 -82 - REHAB LOAN FOR ADA HARTENBOWER) Councilman J. Carter read Resolution No. 39 -82 By title only as follows: RESOLUTION APPROVING A HOUSINNG REHABILITATION FOR ADA HARTENBOWER AND PROVIDING AN EFFECTIVE DATE. It was then MOVED by J. Carter, SECONDED By L. Carter that Resolution No. 39 -82 Be passed as presented for a Rehab Loan for Ada Hartenbower. Roll call vote. Those voting yes: J. Carter, Mallea, Betts, Cowles, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 38 -82 - REHAB LOAN FOR LEE AND LEVETRA UPSHAW) Councilman J. Carter read Resolution No. 38 -82 By title only as follows: Book 23 Page 186 RESOLUTION APPROVING A HOUSING REHABILITATION FOR LEE W AND LEVETRA UPSHAW AND PROVIDING AN EFFECTIVE DATE. It was then MOVED By J. Carter, SECONDED By L. Carter that Resolution No. 38 -82 Be passed for a Rehab Loan for Lee W. and Levetra Upshaw. Roll call vote. Those voting yes: J. Carter, Mallea, Betts, Cowles, Raymond, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPROVE PARTIAL PAYMENT TO TONY RUSSELL,) Mr. Redmond, the City Engineer, was recognized and stated that this was partial payment number 7 to Tony Russell for the Southeast Interceptor. The project was winding down now and this partial payment will pay for the main part of the gravity sewer line going in. The payment was in the amount of $52,268.76. The estimate was gone over by Alpha Engineers and it was also checked in house and everything seemed to be in. order. MOVED By Raymond, SECONDED by Betts that the partial payment number 7 to Tony Russell in the amount of $'52,268.76 be approved. MOTION CARRIED (INFORMATION ON WATER CONSERVATION FLYERS) The Mayor called on Mr. Redmond, the City Engineer, to discuss this item. Mr. Redmond stated that the increase of water rates has created quite an impact on some of the water users in Caldwell so he felt it might be appropriate to embark on a little bit of conservation education type of program. One of the suggestions investigated was stuffers that could be put in people's water bills to help educate them as - to how to conserve water and consequently cut down on their water bill. Mr. Redmond further said that he sent away to the American Waterworks Association for literature that they had available and they, in turn sent him about a half a dozen flyers. The one that he would like to utilize was entitled, "Twenty -five Things You can do to Prevent Water Waste" and it addresses different ways in the home that you can do to save water. In - the quanities the City would be getting, 5,000 and over would be about six cents a piece. The City could take the current billing and buy window envelopes at three cents a piece and put both the bill and the flyer in the mail. The mailing would cost an additional seven cents as it would be a letter instead of a postcard. This would amount - to about sixteen cents for each customer or about $800.00, but he felt that the information to the people would be well worth it. The Mayor questioned as to how difficult it would be to have the meter readers deliver the flyers. Mr. Redmond stated that it would not be feasible and Councilman Raymond also pointed out that he felt that it .would never get into the house. The flyer was passed out to the Council members and the Mayor stated that he would encourage the Council to approve this procedure as there was good information in the flyer. Mr. Redmond also informed the City Council that in checking with both Nampa and Boise, the rates for Caldwell were still lower. Councilman Raymond stated that he felt that $800.00 was not much -to spend if it could encourage conservation of water in the City of Caldwell. He further suggested that Mr. Redmond check the pre - sorted first class rate mail. This required a certain volume, but he felt the City would be over this volume. Councilman Raymond Book 23 Page 187 also said that he would hope that extra copies could be ordered to have in the Library, the Chamber of Commerce, and the Senior Citizen Center. The Mayor then stated that some action would be required with regard to this suggestion. It was MOVED By Raymond, SECONDED by L. Carter that the City Engineer be encouraged to pursue this concept of distributing the flyers with regard to water conservation. MOTION CARRIED (CATERING PERMITS) The City Clerk presented two Catering Permits for approval. Both were to be catered by The Corral; one for the Eagle's Dance at the Eagle's Hall on the 17th of July arid the other for a wedding reception at the Eagles on the 24th of July. The Chief of Police approved both requests and the fee was paid to the Office of the City Clerk. MOVED by L. Carter, SECONDED by J. Carter that approval be given for the two Catering Permits as presented by the City Clerk. MOTION CARRIED (ALCOHOLIC BEVERAGE CONTROL STATUTE) The Mayor stated that this item was discussed some at the noon meeting, but he would ask the Police Chief to explain it again for the benefit of the audience. Police Chief Dormois was recognized and explained that the State Statutes allow an establishment to stay open until 1:00 a.m. and allows consumption for thirty minutes afterwards. His proposal at this time was to try to streamline and bring up to date the Caldwell City Code. For as long as he has been here and he was sure many years before, people have been consuming between 1:00 a.m. and 1:30 a.m. after the sales stop at 1:00 a.m. The Caldwell City Code was not in conformance with the State Law as it specifically states that nothing shall be consumed after 1:00 a.m. His request and subject before the City Council was simply to amend that portion of the City Code by striking the word consumed. The Police Chief further stated that he had a second request he would propose to the City Council which would be to eradicate the requirement that each person pouring beer in Caldwell is required to have a separate license. This was discussed at length with City Clerks, Law Enforcement representatives around the State and also with the City Attorney, his staff, and the Caldwell City Clerk. It was generally thought that these licenses were not doing any good as far as being used as a research tool. The Patrolmen make bar checks with a frequency that if a new bartender comes into town, they know it anyway and if it was felt that there might be something wrong with the individual he is checked out thoroughly. In discussion, it was also determined that it was not economically feasible to continue the licenses at a rate of $5.00. He would ask the City Council to give consideration to eradicating that portion of the Code that requires that every person pouring beer to have a specific license. It was then MOVED by Raymond, SECONDED by Mallea that the recommendations of the Police Chief be accepted and that the proper documents be prepared to amend the Caldwell City Code and brought back to the City Council. MOTION CARRIED (RESOLUTION NO. 37 -82 - BANK PROPERTY TRADE AGREEMENT) Book 23 Page 188 The Mayor stated that the next order of business was the Resolution for the execution of the Agreement for the property trade with Idaho First National Bank. The Mayor read the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF' CALDWELL AND THE IDAHO FIRST NATIONAL BANK. 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 Idaho First National Bank for the purpose of property trade. The Mayor further stated that all members of the City Council received copies of the Agreement. He also informed the Council that he had a letter from the City Attorney stipulating that he could see no problems with the Agreement. The Mayor further said that he would like to have the City Council pursue this item and take action at this time. Councilman J. Carter was recognized and asked if the changes were made in the Agreement that were discussed previously. These changed were to read that the City of Caldwell would not sell the building to a competitive type business for the next fifteen years. Councilman Betts suggested that the Resolution authorizing the execution of the Agreement be passed subject to the changes as previously stipulated be included. MOVED By Raymond, SECONDED by L. Carter that Resolution No. 37 -82 be passed authorizing the execution of the Agreement with the Idaho First National Bank for the property trade subject to the changes being made in the Agreement as were previously discussed. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SET HEARING) The Mayor stated that he would set a hearing date of July 27th for the vacation of the alley of Block 18 of Original Townsite which was necessary for the bank property trade to be accomplished. (POLICY ESTABLISHED BY FINANCE COMMITTEE ON EXCESSIVE WATER USE) Councilwoman Mallea explained that the Finance Committee called a meeting to address the problem of persons who are not having any irrigation water to their property and were .forced therefore, to use City water to irrigate. To those people who choose to make the wells of the City their only source of irrigation, the Committee did not feel they should offer them any other choice. The Committee would really prefer that the citizens not use City water if there was irrigation water available. For a one time period of one year, the Committee decided they would lower the rate of water after the first 2,000. It was necessary for them to come to City Hall and sign a statement that they do not have irrigation water available. It was then MOVED by Raymond, SECONDED by L. Carter that the City Council accept the recommendation of the Finance Committee with regard to the policy as presented on excessive water use. MOTION CARRIED (REQUEST FOR TWO BUILDINGS ON ONE METER AT 401 EVERETT) Book 23 Page 189 The Mayor stated that the next order of business was a request for two buildings on one meter. He did discuss this with Mrs. Subia with regard to it being handled as one account. Mrs. Subia stated that this was the way it would be handled, but she was not in disagreement with this request. It would bypass the minimum cost of $5.00 for one of them. After discussion, it was MOVED by Betts, SECONDED by L. Carter that this request for two buildings on one meter at 401 Everett be approved. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that she attended the Library Board Meeting. They discussed the problem they were having with theft of periodicals in the Library. They would like to buy a detector, but found it was too expensive at this time. The Library finances were difficult since moving into the new building and they were considering having a dance to raise some monies. They were encouraging donations of subscriptions to the Library. Councilwoman Mallea also reported at some length with regard to the Crime Stopper's Programs. She attended their meeting that morning. There was a Press Conference scheduled for Friday at 10:00 a.m. at City Hall regarding the various programs. Councilman Cowles reported that the Library made approximately $922.00 on their book sale. He also informed the City Council that he attended the Historical Commission Meeting and they were working on the Centennial. Councilman Cowles also stated that he would like to mention that there was another accident on the West bound lane of 1 -80 that evening and he would request that the City Engineer or Mayor communicate with the State Highway Department with regard to this location as this was the second accident at that particular place involving a truck. After discussion, it was determined that the Police Chief would communicate with the State. Councilman Betts stated that the Fourth of July celebration was a success and several members of the City Council attempted to represent the City in various activities. Councilman Raymond reported that they did have the opening of the Miniature Golf Course and the course received a great deal of activity over the weekend. (OIL EXPLORATION) The Mayor informed the City Council that Mr. Davis was in the City Hall again to talk, to him with regard to this matter. The Mayor presented to him some of the particulars that he had found out about this subject and Mr. Davis said that he would write in to see if they would be receptive. Mr. Davis had not as yet talked to the Mayor about their answer. One of the things was that there should be a termination date or a renewable yearly clause. Mr. Davis informed him that there would be no problem with the disruption of revenue for Golf. The Mayor also said that he talked with Joe Gamboa with regard to assigning it. The City would have the right to refuse whoever they might assign it to. It was also pointed out that if the City does sign the lease, chances are that they will never drill on the property at all, they would drill in that 640 acres. The Mayor further stated that the reason he brought this up for discussion at all was to inform the City Council that the lease was turned over to the City Attorney for his opinion. It was the Mayor's suggestion that the City Council now wait until word was received from Mr. Morrison. (MAYOR'S COMMENTS) The Mayor - reminded the City Council that there would be a meeting regarding insurance on the 15th at 2:00 p.m. The Mayor requested that Ron Redmond, the City Engineer, explain progress with regard to the fire tower. Mr. Redmond stated that very shortly with the land exchange, the City was going to have to do something with regard to the fire tower at the Fire Department. One of the City's problems was whether to attempt to move the present fire tower or to construct a new one or to abandon the use of a fire tower altogether. Tom Ensley made an offer of designing a new fire tower with a spread footing foundation and /or designing a foundation for moving of the old fire tower for $350.00. This was for the full design which he felt was very reasonable. Once the City had this in hand, they could put the construction of new footing or foundation out to bid and the City would have firm numbers to discuss what type of action should be taken. It was Mr. Redmond's recommendation that approval be given for Tom Ensley to start the design. Time was running short and it should be pursued right away. It was MOVED By Les Carter, SECONDED by Cowles that authorization be give to Tom Ensley to prepare the base design for the tower at the Fire Department. MOTION CARRIED The Mayor informed the City Council and audience that the Chief of Police has recently instigated a new concept with regard to the Patrolmen's beats in the City of Caldwell. Police Chief Dormois was recognized and stated that the idea was not really a new concept. He explained at some length how the Department had done a study of the City as to where the calls for services were corning from and the volume in different areas. They then divided the City into three areas as equal as possible and assigned definite patrolmen to those particular areas. The Mayor pointed out that he felt it would be an advantage to the people in Caldwell to know who their officers were in their particular area and would also give that officer a sense of responsibility for his area. The Mayor also informed the City Chief met with Bill Staker at the that the City be supplied with a City's; what action was taken, how and etc. Mr. Staker stated that this to the City by December. Council_ that both he and the Police Courthouse that morning to request list of all the court cases of the much -the fine was, who the judge was he would try to be ready to furnish (EXECUTIVE SESSION CALLED) The Mayor informed the City Council that -the City Attorney requested an Executive Session be called pursuant to Idaho State Code, Section 67 -2343 for the purpose of discussing personnel. It was MOVED by Raymond, SECONDED by Mallea that an Executive Session be scheduled at 11:30 a.m. on July 13th in the Council Chambers for the purpose of discussing personnel. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman J. Carter asked for an update from the City Engineer on the Water Study contracted with CH2M. Mr. Redmond stated that an inventory map was prepared of the City's water system. They also went over them with the water Superintendent to verify shortcomings and to make sure everything was up to date. They have just about completed the programming of the computer model and very shortly will be running some pressure tests. Book 23 Page 191 Councilman J. Carter also asked the Mayor about a model ordinance that was put in the Council's boxes regarding licensing adult businesses. He wondered if there had been any followup on this. The Mayor stated that there has not, but it was an Ordinance in affect in the City of Meridian and Garden City and was being tested in Court by the State. The Mayor further said that anytime the members of the Council would care to discuss this again, he would be glad to give it consideration. It could stop anymore businesses of this kind from coming into the City of Caldwell. There being no further business, the meeting was adjourned at 9:15 p.m. APPROVED AS wri _ THIS 1982. � Councilor Councz min" { Councilman ATTEST: 20th DAY OF July T City Cl6 Councilman