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HomeMy WebLinkAbout1982-07-27city council minutesBook 23 Page 205 REGULAR MEETING July 27, 1982 12:00 Noon 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: Raymond, L. Carter, J. Carter, Mallea, and Betts. Absent: Cowles. (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. Since there was no one, the Mayor declared that the Meeting would continue as outlined. (REQUEST FROM THE MAYOR) The Mayor stated that he would like to ask permission from the City Council to move down the Agenda to Mayor's Comments as it was necessary for him to leave after his comments to attend the meeting with Sears. He would turn the meeting over to Council President Jack Raymond. (MAYOR'S COMMENTS) The Mayor stated that he presented to the Engineering Deprtment a suggestion with regard to the sidewalk project. When the sidwalk was put in on the corners, he would suggest the possibility of putting in a planter along the curvature of the curb. A couple of shrubs could be put in there and would change the project from just a replacement to a beautification project. If the City Council would agree, the City Engineer would present it this way to the contractors for bid. The Council agreed that this was a good suggestion and the City Engineer would proceed with this concept. The Mayor further commented that as all the Council members were aware, the last two weekends have resulted in some problems at the Zodiac and the Multi Purpose Center. He had an idea which he discussed with several members of the Council. This was the possibility of organizing a riot squad with a fire truck available. By law, the firemen are primarily in mob scenes as a fire prevention measure; not to be involved in dispersing a mob or group. The Mayor said that he presented this to Captain Rowe and they did discuss it. The City has a truck that was mothballed at the City Shop at the present time. This truck was a foam truck that has a turret on top controlled from the inside which the Mayor felt was a natural for the situations that have recently occurred. The Mayor further said that his idea of getting this truck and putting it into the Police Department would be primarily psychological. It would be effective in his opinion so he planned to proceed on this idea. He would bring it back to the City Council with regard to costs. Captain Rowe was very receptive to the idea and the Mayor felt it would be much better to have the truck at the Police Department. Councilwoman Mallea asked that the Mayor pursue the legal and insurance liability on this proposal. The Mayor stated that he would do so, but felt that it was legal as many other cities were following this procedure. The Mayor then stated that he had a Committee composed of Councilwoman Mallea, Councilman Raymond, and Councilman Betts and Mrs. Alta Williams meeting with Dr. DeRosier from the College of Idaho on the 2nd of August. This was to be at Noon at the College Book 23 Page 206 to discuss the possible purchase of the land alongside the Stadium. At the same time, the Mayor said he would like a discussion on the old Steunenberg Building which was owned by the College. The Mayor also informed the City Council that a check was received from the High Plains Exploration Incorporated in the amount of $640.00. The Lease has been signed, but a Resolution would be presented at this meeting so all would be in order. The Mayor then requested that Councilman Raymond take over the remainder of the meeting. (REQUEST FOR ADDITIONS TO THE AGENDA) Councilwoman Mallea stated that she would ask permission from the Acting Mayor - to add two items to the Agenda. One was to consider electrical outlets at the Stadium and the other was to accept an insurance carrier for next year. Councilman Betts also stated he would ask for the addition of one item which was to establish a public hearing date for Revenue Sharing. MOVED by Mallea, SECONDED by Betts that these three items be added to the Agenda. MOTION CARRIED OLD BUSINESS (THIRD READING OF BILL #13 - AMEND CODE) The first item under Old Business was the third reading of Bill #13. It was MOVED by Mallea, SECONDED by Betts that the Bill be read by title only for the third .reading and dispense with reading the Bill in full. MOTION CARRIED The Acting Mayor then read Bill No. 13 by title only as follows: AN ORDINANCE AMENDING TITLE IV, CHAPTER 7, OF THE MUNICIPAL CODE OF THE CITY OF C.ALDWELL, IDAHO, STATE OF IDAHO, RELATING TO SALE AND DISTRIBUTION OF BEER, BY DELETING CERTAIN LANGUAGE IN SECTION 9, PERTAINING TO HOURS OF SALE; AND BY REPEALING SECTION 12, PERTAINING TO BARTENDERS REQUIRED TO HAVE LICENSES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS HEREOF IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. MOVED by Betts, SECONDED by Mallea that Bill No. 13 be passed and entitled Ordinance No. 1625. Roll call vote. Those voting yes: Betts, L. Carter, J. Carter, and Mallea. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED (SECOND READING OF BILL #15 - PUBLIC HEARING PROCEDURES) Acting Mayor Raymond read Bill Number 15 by title only as follows: AN ORDINANCE ESTABLISHING AND FIXING RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE HEREOF. This reading was then declared to be the second reading for Bill Number 15. Book 23 Page 207 (RESOLUTION REGARDING COUNTY DESIGNATION FOR TENTH AND FARMWAY) Acting Mayor Raymond reminded the City Council that this item was discussed at the last City Council Meeting and commented on by Schuyler Enochs. It was to allow for the designation of Tenth and Farmway by the County. Councilman L. Carter stated that this was recommended by the Planning and Zoning Commission and he felt it was very important. Councilman L. Carter then MOVED, and it was SECONDED by J. Carter that the Resolution be passed. The Resolution was then read in full as follows: WHEREAS, The Idaho Association of Commissioners and Clerks have adopted a County route marker program to mark County routes of major importance that are of general public interest; and WHEREAS, a program of placing County route markers on certain County roads is most desirable and beneficial to Idaho Counties as well as the traveling public and would perform a most valuable service to the public and to the City of Caldwell; and WHEREAS, The City of Caldwell has identified two routes within the City and Canyon County that should be so designated and meet the following criteria: a. Connects two or more cities or communities. b. Connects a U. S., State, or other County Numbered road and one or more communities or cities. C. Connects a community, City or U. S., State, or other County Numbered road and a facility of major local importance and general interest. (Facility may consist of parks, monuments, recreational areas, industrial developments, etc.) d. Connects U.S., State, or other County Numbered roads and serves higher than average traffic volumes relative to other roads within the County. e. A surface condition and. width adequate to accommodate the convenient passage of highway vehicles traveling in opposite directions, in an uninterrupted flow, in ordinary inclement weather. WHEREAS, These routes are described as follows: 1. Tenth Avenue (From the intersection with Interstate 84 to the intersection of State Highway 55) 2. Farmway (From the intersection with State Highway 19 to the Intersection of State Highway 55) NOW, THEREFORE, BE IT RESOLVED That the City of Caldwell hereby requests the Department. of Highways and the Idaho Association of Commissioners and Clerks to include the aforementioned sections of Tenth. Avenue and Farmway into the County Route Marker Program. Acting Mayor Raymond then requested a vote on the motion. Those voting yes: L. Carter, J. Carter, Ma.11ea, and Betts. Those voting no: none. Absent and not voting: Cowles. MOTION' CARRIED (STADIUM LEASE) Councilwoman Mallea stated that the City of Caldwell has received an offer from the School District to enter into a lease agreement regarding that City property known as the Stadium Complex. There was basically four changes; that there will be notification of sixty days prior to the termination or any modification of the lease; the increase in the base rental from $14,000 to $15,000; that there will be an itemized monthly financial and activity report and that part of the rent will be three percent of the gross revenue from the subletting of these facilities. The concession account will be eliminated and come under the gross provisions of three percent and the purchases or replacement of equipment will be agreed to by the Stadium Committee and the City Council. It was Book 23 Page 208 the position of the Finance Committee, who worked on this lease that the Mayor be authorized to enter into such a lease with the School District. It was then MOVED by Mallea, SECONDED by L. Carter that the Mayor be authorized to enter into such a 'lease with the School District. MOTION CARRIED (REQUEST FOR ELECTRICAL OUTLETS AT STADIUM) Councilwoman Mallea informed the Council that the County Fair was coming to the City of Caldwell and the Stadium Committee would like permission from the City Council to expend the maximum of $500.00 to provide electrical connections for the concessions for the Fair. These are for booths which, are placed in back of the grounds. The funds must be freed by City Council and they would like to start immediately. MOVED by Mallea, SECONDED by L. Carter that permission be given to the Stadium Committee to provide electrical outlets at the Stadium. MOTION CARRIED (INSURANCE BIDS) Councilwoman Mallea reported that the Insurance Committee has gone to great lengths to prepare all of the city's insurance to come due at a certain time so that it could be placed for proposals. This year proposals were received from three companies and of these it was very difficult to assess insurance. The Committee took the proposals and circulated the proposals to all three companies for their input as the final amount was so close. There was some differences; the deductibles on some were different, but totalling it all up, the Committee came out with a $77.00 difference for the coverage for the City. It was then MOVED by Mallea, SECONDED by J. Carter that the insurance for the City of Caldwell be awarded to the Harrison -Prank Agency. A roll call vote was asked for. Those voting yes: Mallea, L. Carter, J. Carter. Abstain: Betts. Absent and not voting: Cowles. Those voting no: none. The Acting Mayor stated that he would like to register his vote as in favor of this decision. MOTION CARRIED Acting Mayor Raymond stated that he felt this would be an excellent topic for an A.I.C. Workshop either on a State or District level. He would suggest that this be suggested to the A.I.C. (ESTABLISH PUBLIC HEARING DATE) Councilman Betts stated that it was necessary for the City Council to establish a Public Hearing date for Revenue Sharing. This would be scheduled for August 17th at an evening City Council Meeting. NEW BUSINESS (DISCUSSION WITH REGARD TO THE CENTENNIAL DAYS) Louisa Cone was recognized and explained that she was asked by the Historical Commission to work as the coordinator for the Centennial. Her main object at this time was to try to ascertain just when the City Council would actually like to have the parade and the Centennial Celebration. She further said there would be various celebrations throughout the year, but the Union Pacific Railroad has agreed to bring a minatu•r_e train to Caldwell and she Book 23 Page 209 would suggest that the parade be held sometime in September. Mrs. Cone informed the City Council and Mayor in some detail what plans were in the making. Councilman L. Carter reminded the Council that both he and Councilman Cowles were the Council members assigned to the Historical Commisssion and perhaps they could take some ideas back to the Commission at that time. Councilman Betts stated that it has been discussed over the last seven or eight months that the Celebration would be held in conjunction with the Fourth of July and he would prefer seeing it planned that way. After a lengthy discussion, it was agreed that Councilman L. Carter and Councilman Cowles would report back to the City Council with regard to progress and finances after the next Historical Commission Meeting. Mrs. Cone said that she would appreciate any ideas with regard to the Centennial and she was at the Library on Tuesday and Thursday afternoons. (PUBLIC HEARING ON VACATION OF ALLEY) Acting Mayor Raymond stated that the next item of business was a Public Hearing on the vacation of alley, Block 18, Original Townsite. The Acting Mayor then opened the meeting for the Public Hearing. The City Engineer explained that this vacation was concerned with the land exchange with the Bank Building. Mr. Redmond pointed out the area on a map for the City Council members. One of the requirements of the land exchange was that the City vacate a portion of the alley that falls between the Fire Station and the Bank Building. This vacation would be vacating approximately the Westerly half of the alley. The utility easements would stilt be there even though vacated. Since there was no comments either for or against the proposed vacation and no comments from the members of the City Council, the Acting Mayor declared the Public Hearing closed. (BILL NO. 16 - VACATION OF ALLEY,BLOCK 18, ORIGINAL TOWNSITE) The Acting Mayor read Bill No. 16, which was the Bill for the vacation just discussed, by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: Acting Mayor Raymond declared this to be the first reading of Bill No. 16. (RESOLUTION ON REHAB LOAN FOR BEVERLY DENNIS) Councilman L. Carter informed the Acting Mayor that the Rehab Loan Committee would like to postpone action on this item until more information was received. City Council agreed with this request. (REQUEST FROM HOUSING SOUTHWEST) Acting Mayor Raymond stated that the next item was a letter to the Mayor from the Department of Housing and Urban Development stating that they were planning to develop housing for the elderly or handicapped. The project consists of 12 units in Caldwell. Their request was for the City to submit comments or information deemed relevant to their determination. Councilwoman Mallea sugggested that this item be turned over to the Rehab Committee for recommendation to the City Council. Book 23 Page 210 It was then MOVED by Mallea, SECONDED By Betts that this item be referred to the Rehab Committee and that a recommendation be addressed to - the City Council after their study. MOTION CARRIED (LETTER FROM HARTFORD) Acting Mayor Raymond informed the City Council that a letter was received from the Hartford. Steam Boiler Inspection and Insurance Company with regard to equipment that was examined belonging to the City of Caldwell. No conditions were observed that require attention at this time. (DENIAL OF CLAIM) Acting Mayor Raymond stated that a letter was received asking that the City of Caldwell officially deny the claim submitted with regard to John and Thelma Stattner. It was then MOVED by Mallea, SECONDED by L. Carter that the claim be denied which was filed by Kibler, Hamilton and Clark, Attorney's at Law. MOTION CARRIED (RESOLUTION ON LEASE AGREEMENT WITH HIGH PLAINS EXPLORATION) Acting Mayor Raymond read this Resolution by title only as :Follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND HIGH PLAINS EXPLORATION, INCORPORATED. MOVED by Betts, SECONDED by L. Carter that the Resolution be passed as presented. Councilman J. Carter stated that he had not really gone over the lease agreement and would like to do so before voting on the Resolution. Councilwoman Mallea further said that she also had not received a copy and would like some more time. Acting Mayor pointed out that this was the lease that was sent to the City Attorney and actually, the City Council took action at a previous meeting, but the Resolution was not prepared at that time. Councilman J. Carter stated that there was some changes made in the lease from what was originally discussed. Councilman L. Carter stated that there was only one paragraph changed which was with regard to payment of monies. A roll call vote was taken for the motion as made, Those voting yes: Betts and L. Carter. Those voting no: J. Carter. Abstain: Mallea. Absent and not voting: Cowles. The Acting Mayor cast his yes vote. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that the Finance Committee has been meeting to work on the budget and she: would like to compliment the Chairman of the Committee and the Finance Officer for a job well done. There was no other reports. (EXECUTIVE SESSION CALLED) Book 23 Page 211 The Acting Mayor informed the City Council that the City Attorney has requested an Executive Session be called pursuant to Idaho State Code, Section 67 -2343 for the purpose of discussing land. He would set this meeting for 4:00 p.m. on Wednesday in Council Chambers. MOVED By J. Carter, SECONDED by Betts that an Executive Session be called for 4:00 p.m. on Wednesday, July 28th. Roll call vote. T1 L. Carter. Those Cowles. There being no further p.m. APPROVED AS writ . lose voting yes: J. Carter, Mallea, Setts, and voting no: none. Absent and not voting: MOTION CARRIED business, the meeting was adjourned at 12:59 THIS 3rd _ljx -Pt , 1982. z Councilman ouxcimE ATTEST: City C 1 e