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
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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.
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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
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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
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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.
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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.
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Councilman ouxcimE
ATTEST:
City C 1 e