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HomeMy WebLinkAbout1982-08-24city council minutesBook 23 page 235 COUNCIL MEETING August 24, 1932 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. Cartier, Mallea, Betts, and Cowles. -! Absent: none. (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 stated that for the benefit of some members of the audience, there was a zoning discrepancy on a piece of property off Summer Street across from Ace Supply. The City was working on it and the Mayor further said he wrote a letter on it. Since it was a zoning problem, it would be taken through the proper channels. Since there was no one who cared to bring anything else before the City Council, the Mayor declared that. the meeting would_ continue as outlined. OLD BUSINESS (DISCUSSION OF DOG ORDINANCE) The Mayor informed the City Council that he did check on the possibility of just using the County Ordinance as the City Ordinance. The City could do this., but would have to write up their own Ordinance and have published as the procedure calls for. It would not be possible to just adopt the County Ordinance. Some changes could be made, but not the charges. He did not know if it would be feasible to change the requirements at all. It was the Mayor's recommendation that an Ordinance be drawn up and the City Council proceed from there with the readings. In this way, there could be some input from the community and changes made if the City Council felt it was necessary. There was a question in some minds as to whether the rabies shots were necessary. (STADIUM LEASE) The Mayor stated that the next item of business was discussion with regard to the Stadium Lease. Councilwoman Mallea informed the City Council that the lease was presented to the School District with the four provisions that the City had provided for changes. The City then kept the old lease which was originally our agreement and added the four changes. it carne back with some changes on it that the School District would like, but it had one change of substance. The City and School District have as yet been able to agree on that since it concerned the Rodeo Board who also have an interest. Councilman Raymond said that before going any further, it was his impression that before the City Council agreed to any changes that involved other parties, the Council would sit down at the same time and the same place with the School officials and Rodeo Board if they so desired. Councilman Betts informed Councilman Raymond that the Committee did do this. The Mayor then suggested to the City Council that they discuss the one particular point that was under discussion. The Fair uses the facility jointly; portions that are leased to the Rodeo Board and the School District. In the lease, there has been a provision to agree that the rental income received by lessor from the 4H Fair is Book 23 Page 236 to be split ninety percent to the Fieldhouse, lessee, and ten percent to the Rodeo Board. Mr. Deide's feeling were that the School District has been doing a lot, of inkind work for the Rodeo Assocation by moving bleachers and etc. The Rodeo Association, at least one of them, is adamant that they receive that ten percent. It amounts to $450.00 and this was where the problem existed at the present time. Councilman J. Carter said that this was in the original lease and the lessee has never lived up to that particular stipulation. The Mayor then stated that it has always been a general agreement, and there was no argument with this on the part. of the ?rodeo Board; they have let it slide rather than cause a problem. Councilwoman Mallea further stated that they had billed this amount and had never been paid. The position of the Rodeo Board, in her opinion, was that the land involved with regard to the moving of the bleachers and etc., were in the lease and was the responsiblity of the School District. They want the lease as originally written and agreed to be honored. The School District believes there is a trade off; the Rodeo Board. does not. It is going to be a decision of the City Council because they were the only ones who have a lease. There is common ground up there and the common ground is parking, bathrooms, and this type of ground. The ground that is leased by the City to the Rodeo Board is used for the Fair and the Board feels they are entitled to ten percent which was in the original lease for the use of their ground which they lease from the City. The School District believes that the trade off has been in the moving of bleachers and the Rodeo Board says that this is part of the lease. In fact, it is part of the lease. The School District claims that the lease is being abridged because it never has been honored and the Rodeo Board wants it honored. They are willing to let the past go, but want it kept in the present lease. When the City changed the negotiation of the lease, four changes were negotiated and they were agreed to. The lawyers rewrote the original lease to attempt to clean it up legally but with the old provisions which were not subsequently updated by the four agreements. This was in the original lease and the Rodeo Board wishes it to stay. The School District asked that „it be removed. The Mayor stated that he would like to add three words to this. It states that the rental income received by lessor from 4H Fair is to be split ninety percent to the Stadium, lessee, and ten percent to the Rodeo Board.. He would like to add, "unless otherwise negotiated ". In the first place, t'.ne City was fighting a battle with the School Board between the Rodeo Board and the School Board which puts the City in the middle. This would throw it back on the Rodeo Board to make the decision. If the School Board decides to start charging for every little thing they do, he felt it was going to be a constant turmoil of bad feelings. The Mayor further stated that he had talked with Mr. Deide with regard to the possibility of charging more and at this point they did not intend to be unreasonable. The City Council discussed this item at some length. The Mayor recommended that the City Council approve the Agreement with the addition of the three words and then take another look at the agreement in March. The Mayor then called for a motion. It was MOVED by Betts, SECONDED by L. Carter that the lease as corrected be forwarded to the School District for possible acceptance. Again, more discussion followed the !notion. The Mayor then asked for a roll call vote. Those voting yes: Betts, Cowles, L. Carter, and Mallea. Those voting no: Raymond and J. Carter. Absent and not voting: none. MOTION CARRIED Book 23 Page 237 The Mayor then requested that Councilwoman Mallea proceed with the Agreement as determined. NEW BUSINESS (NOTIFICATION ON CALDWELL PUBLIC LIBRARY SOCIETY) The Mayor stated that the first item under New Business was notification on Caldwell Public Library Society. He then asked if the members of the City Council received a card with regard to this. The card was as follows: An organizational meeting of the members of the Caldwell Public Library Society will be held September 1, 1982, at 7:30 p.m., at 1010 Dearborn, Caldwell, :Idaho. Topics for discussion will include Choosing a name for the society, the current volunteer program and development, future fund .raising activities. Everyone is welcome to bring a guest. (IDAHO TRANSPORTATION MEETING ANNOUNCEMENT) The Mayor stated that this item was for informational purposes. The Mayor further said that he had received a letter from the Association of Idaho Cities as follows: During the upcoming legislative session, highway funding is sure to be an important issue for the cities. As you know, the last session of the legislature approved a one cent increase in the state's gas tax which will be directly allocated to local governments until July 1, 1983. At that time it will be diverted into the regular distribution formula with the state receiving 2/3 and locals 1/3. There will be a meeting -of state, _ ciity, county and highway district representatives in Boise on 'Wednesday, August 25. The purpose of this meeting is to explore approaches which can be taken during the next legislative session with respect to highway funding. I would appreciate it if you could attend as one of the city representatives. We will probably have about four city officials in attendance. The meeting will begin at 9:00 in the board room of the Idaho Transportation Department building. The building is at 33rd and State, which is one block south of A.I.C.'s office building. I hope that you will be able to make it. If you would like any additional information, please let me know. (APPROVAL OF TENTATIVE BUDGET) The Mayor requested that the Finance Committee present the tentative budget for approval. Councilman Betts was recognized and presented the figures for the budget as follows: EXPENDITURES REVENUE SHARING TOTAL, APPROP General Fund 2,200,906 143,000 2,343,906 Cemetery 96,605 96,605 Library 187,327 12,500 199,827 Street 732,496 190,000 922,496 Airport 55,435 1 56,935 Parks /Rec 355,657 12,000 367,657 Insurance 31,179 31,179 Eire Bond 12,982 12,982 Pool Bond 20,500 20,500 Water C.I. 158,200 158,200 Book 23 Page 233 Sewer C.I. 154,200 154,200 Stadium C.I. 63,529 63,529 Water 760,633 760,633 Sewer 405,787 405,787 Stadium 48,522 25,000 73,522 Golf 225,511 15,000 240,511 Sanitation 570,000 570,000 Cemetery C.I. 10,800 10,800 Irrigation 123,785 123,785 Total 6,214,054 399 6,613,054 REVENUE Property Taxes 1,734,772 Revenue Sharing 399,000 Misc Tax Revenue 624,31.8 Misc sys. and chgs. 981,8£92 Utility Services 1,563,400 Recreational Facilities 490,557 Carryover 819,125 Total 6,613,054 It was then MOVED By Betts, SECONDED by J. Carter that the Tentative Budget for the year 1982 -83 be approved. MOTION CARRIED The hearing for the budget was - then set for September 7, 1982, at the Regular City Council Meeting. MOVED by Betts, SECONDED by Cowles that the Hearing on the budget be scheduled for September 7, 1982, at the Regular City Council Meeting. MOTION CARRIED (RESOLUTION FOR REHAB LOAN FOR ESPERANZA MANZANARFS) Councilman J. Carter read Resolution No. 44 -82 by title only as follows: RESOLUTION APPROVING A HOUSING REHABILITATION FOR ESPERANZA MANZANARFS AND PROVIDING AN EFFECTIVE DATE. It was MOVED by J. Carter, SECONDED by L. Carter that Resolution No. 44 -82 be passed. 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 (REQUEST FROM CITY ENGINEER TO BID ASPHALT OVERLAYS) The City Engineer was recognized and stated that he would ask permission from the City Council to ask for bids for asphalt overlay. This would be funded from the Street Department Misc. Construction Fund and would be Kimball Avenue from the railroad tracks to Cleveland with the exception of those intersections where they would be doing the sidewalks. Also included would be Montana Avenue from Logan Street to Linden Street. Councilman Raymond asked if there would be any way to go the alley between Cleveland and Dearborn as long as they were at Cleveland. Mr. Redmond stated that it was possible and he would take a look at it to see if it was feasible. Book 23 Page 239 MOVED by Mallea, SECONDED by Cowles that the City Engineer be given to bid the asphalt overlay as request. MOTION CARRIED (PUBLIC HEARING ON INDUSTRIAL, PRETREATMENT'.' PROGRAM) The Mayor requested that the City Engineer give a brief explanation of this hearing. The study was mandated by the E.P.A. as a condition as to receiving grant funds for Treatment Plant expansion. The study was performed by Parametrix. Originally it was hoped that they would not have to proceed with the whole program. This did not work and E.P.A. required that the City proceed with the study. They did allow the City to go on as minimal approach as could and that was the format attempted_ The study addresses seven main areas which Mr. Redmond explained at some length to the City Council. Mr. Redmond also pointed out key areas that should be noted as far as what the program would be doing. One was that it will create additional record keeping for both the City and to identify industrial users. Second, it will set up a need for specific industry reviews when they come in for a building permit for new industry. Third, there may be monitoring and sampling devices that may be required on some of the industries. Fourth, it will require the need for sampling by the Sewer Department Staff. Five, it will increase the Treatment Plant budget for laboratory testing. Six, probably have to adjust the City's users fee for industries to make up for the additional costs that the program will generate. Mr. Redmond also informed the City Council that there was an ordinance with regard to implementing this program. The purpose at this time was for public input. The E.P.A. also has a draft of the Ordinance and would like to have an opportunity to comment on it before the City adopted it. The Mayor then declared the Public Hearing open and asked if there was anyone from the audience who cared to speak for or against the acceptance of this program. Since there was no one, the Mayor then asked if there was any comments from the City Council. Councilman Raymond questioned the City Engineer as to whether E.P.A. would be satisfied with the number of people working at the Treatment Plant at the present time. Mr. Redmond stated that he did not know, but they were now two to three people under the recommended levels. So far they have let it go as the Caldwell plant has been winning awards in the past and the treatment going in the river now was very good. Councilwoman Mallea questioned as to whether this was a mandated program. The Mayor answered that it was. It doesn't really address the normal sewer fees. The Mayor declared the hearing closed when there was no one else who cared to address the issue. MOVED by Raymond, SECONDED by Cowles that the City Engineer be authorized to forward the tentative ordinance to the E.P.A. prior to adoption by the City Council. The City Engineer further commented that it might be appropriate to extend the public comment period as copies were in the Office of the City Engineer if anyone cared to come by to read them. There was fifty -nine identified industries and it might be well to notify them that the material was on file. The Mayor then asked for a vote on the motion. MOTION CARRIED (COMMITTEE REPORTS) Book 23 Page 240 There was no committee reports at this time. (MAYOR'S COMMENTS) 1. The Mayor asked the City Council what was decided with regard to the direct phone line. Councilwoman Mallea reported that it was turned over to the City's expert to review it for cost and to come back to the City Council. 2. The Mayor reported that he was getting complaints about the elm trees and he wanted the City Council to know that the Darks Department has been notified. 3. Also announced by the Mayor was that at 4:00 on Thursday he would request an Executive- Session to discuss personnel. Councilwoman Mallea asked if it would be possible to have this meeting on Wednesday instead of Thursday. The Mayor stated that he would try to contact Bill Morrison, the City Attorney, to change the time as he was the one who actually requested the meeting. MOVED by Raymond, SECONDED by Mallea that an Executive Session, pursuant to the Idaho State Code, Section 67 -2343, be called for 4!00 p.m. on Wednesday, August 25, 1982, for the purpose of discussing personnel. The Mayor asked for a 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 4. The Mayor informed the Council that he received a call from Mrs. Davenport that morning asking if there wasn't some way a fund could be started to repair the water wheel. The Mayor then stated that he would appoint Councilman J. Carter in charge of finding funds to repair the water wheel. 5. The Mayor informed the City Council that he pursued the trees for the City of Nampa that morning. Nampa has already put trees in and the Caldwell Parks Department told him that they would probably lose the trees if they were moved from the nursery during the hot weather. Perhaps the City Council would care to take some other action later on. Councilwoman Mallea asked if the City of Caldwell wasn't committed to the purchase of the trees for Nampa. The Mayor stated that he was hoping that this would be the opinion of the Council although it was the original intent to furnish the trees from the-,nursery. The City Engineer was recognized and informed the City Council that with regard to the triangle on Highway 19, Dennis Clark called and indicated that the Interstate Project could not pay for the landscaping; however, the money could be taken from Urban Development monies. Mr. Clark wanted to know if the City wanted to proceed on this basis. The City of Caldwell receives about $160,000 allocation each year in Urban D monies. A considerable amount of the upcoming allocation 'has been borrowed from in the construction of the pre - construction on Highway 19 project. Mr. Redmond stated that initially he would say that they could take care of their own landscaping; however, if you look at it from the standpoint that the City was already in the hole, a little more won't make much difference. Councilwoman Mallea stated that it was her motion deny the use of this and tell the State to landscape Mr. Redmond further said that they probably won't la leave it dry grass. The City Council discussed length. It was MOVED by Mallea, SECONDED by Cowles further tap the Urban D monies for this landscaping. that the City the triangle. idscape it and this at some that the City MOTION CARRIED Book 23 Page 241 There being no further business, the Meeting was adjourned at 1:20 p.m. APPROVED AS �j t THIS _ T �� DAY OF Sep temb er 1982. -- c�,cilifia n ° Councilman Councilman ATTEST: City Cfi