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HomeMy WebLinkAbout1984-10-09city council minutesBook 25 Page 227 REGULAR MEETING October 9, 1984 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: Carter, Mallea, Marcus, and Cowles. Absent: Raymond and Norman. (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 (BILL NO. 21 - ESTABLISH MULTI - PURPOSE STADIUM COMMISSION) The Mayor stated that a copy of this proposed Bill was placed in each City Council box for their information and study. Also, there was a proposed change to the Bill which was also passed out to the Council members. This would be discussed at a City Council meeting in the near future„ (AWARD BID FOR CHIP SPREADER) The Mayor called on the City Engineer to present this item on the Agenda. Mr. Redmond stated that bids were requested for a chip spreader for the City of Caldwell. The City was bidding out a used chip spreader which were very hard to find. There was only one bidder which was to be expected. The bid was in the amount of $27,000 from Arrowhead Machinery Company from Boise. This was for a rebuilt machine and they were going to install a new diesel engine in it which was to be guaranteed for six months. Mr. Redmond said that he would like to proceed and would ask for approval of acceptance of this bid from the City Council. MOVED by Mallea, SECONDED by Cowles that the Engineering Department accept the bid from Arrowhead Machinery in the amount of $27,000 for the chip spreader as presented by the City Engineer. MOTION CARRIED DISCUSSION ON TENTH AVENUE RELINQUISHMENT AGREEMENT) Mr. Redmond was again called on by the Mayor to discuss this item. The City Engineer informed the City Council that the next - two items were on the Agenda only to bring them to the Council's attention. If any of the Council members had any questions on either of the items, he would ask that they discuss them with him. The State was giving Tenth Avenue back to the City of Caldwell and there was several things that Mr. Redmond said he would like to call the Council's attention to. There was a couple of things that had changed on the Tenth Avenue relinquishment that was offered by the State about a year and a half ago. Originally, they were going to repair the bridge rail, chip seal it, and stripe and then give to the City. The current agreement added preliminary work on the deck of the bridge now, they will pay to Book 25 Page 228 the City a lump sum of $40,000 which would be used on the deck rehabilitation, and the project for the bridge deck replacement would be put on a priority list. Actually, the City gained to a certain extent. This Agreement was discussed by the Council members with the City Engineer at some length. Mr. Redmond then stated that he would discuss the Cooperative Maintenance Agreement. (DISCUSSION ON COOPERATIVE MAINTENANCE AGREEMENT) With regard to the Cooperative Maintenance Agreement, Mr. Redmond stated that the wording of the body of the Agreement was substantially the same. There was some minor changes as to how __.. the Agreement was originally written in 1975. There was additional responsibilities in the new Agreement that the City Council should be aware of. The last Agreement addressed six routes and the current Agreement addressed four. They have added on the Northwest Connector to the Agreement for the City to maintain from the standpoint of sweeping, snow removal and that type of maintenance. Before the City had Tenth Street, but now the Northwest Connector was given to the City to maintain instead of Tenth. There was also a change on Cleveland Boulevard. On the prior Agreement, the City had to only sweep and maintain out to the Wilson Drain and then the State picked it up on out to the City Limits. Now it has been extended on out to Ustick or essentially, the City Limits. Also, Aven was previously to be maintained by the State and in the new Agreement, it becomes the City's responsibility. On the pedestrian crossing on the Interstate, the City now has the responsibility of maintaining the pedestrian cage and for removing snow and litter on that crossing. After discussion, Mr. Redmond staged that he would make copies of the old Agreement for the City Council. He would ask the Council to refer back to Page 8 of 10 which identifies the areas that were the responsibility of the City and those that were the State's. This copy was in the Council basket at this time for their purusal and a comparison could be made to the previous Agreement when the copy was available. (PLANS FOR OPEN HOUSE FOR NEW CITY HALL) The Mayor asked the City Council members to give some thought as to when they would like to have an Open House for the new City Hall. The Mayor's suggestion was to wait until December. Councilwoman Mallea suggested that the Police Department also have an Open House since they have recently remodeled their building. (CATERING PERMIT) The City Clerk presented a Catering Permit for approval. This was for The Corral to cater for the Snaffle Bit Futurity at the Fair Building at the Stadium Complex on October 11, 12, 13 and 14th. All was in order. MOVED by Mallea, SECONDED by Carter that approval be given for the Catering Permit as presented. MOTION CARRIED (COMMITTEE REPORTS) Councilman Cowles reported that the Mayor's Committee for the Handicapped was meeting on Thursday noon at the Elks Club. Also, Peter Grace was to be at the College of Idaho to talk on Waste in Government. Councilwoman Marcus informed the Council that the Library Board was to meet Thursday Noon. Book 25 Page 229 Councilwoman Marcus also stated that she would like to have the first reading of the current Child Care Bill at the next Regular Meeting of the City Council. The Planning and Zoning Commission discussed the possibility of having all of the people who think they may be operating improperly and need permission from the Commission to operate to be allowed to have a general publication. Mrs. Robison was out of town this week and Councilwoman Marcus said that she would need to get a statement written up as to how it would be handled. This would be a way of encouraging those who were operating Day Care facilities to feel free to come in and apply. It was not the intention of the City to discourage them coming in and making themselves known. (MAYOR'S COMMENTS) The Mayor announced as a reminder that the next Regular City Council Meeting would be at Noon on the 16th of October. This was due to the Chamber of Commerce Banquet that was being held that evening. The Mayor read an article for the Council's information with regard to Anti Trust Immunity. Also discussed was the dumping problem in the City Limits. One area that was being used as a dump was out on Centennial Way. Even though it had been blocked of with cable, people still came in a cut the cable. It was the Mayor's comment that he would like to consider placing a fine on anyone that was caught dumping along the road and in the City Limits. Mayor McCluskey also requested that: the City Council members give some consideration to a nomination for the Distinguished Service Award given by the J.C.s. (DISCUSSION ON CORNER BAR) The Mayor :informed the City Council. that he received a statement from Aurora Sanchez with regard to the Corner Bar. Along with that document was also a disclaimer signed by Herman Sanchez. They were read as follows: To the City of Caldwell The following statement is presented to the City in compliance with the letter from the members of the City Council dated September 10, 1984, in reference to Aurora Sanchez, Licensee, the Corner Bar. Aurora Sanchez, as the Licensee of the Corner Bar, does hereby agree to the following conditions: 1. She has employed Jose Aguilar as a security guard at the Corner Bar to provide security inside and outside of the Corner Bar. The nature and exact details of the uniform have not been decided upon, but they will be such that it will identify his position as a security guard. 2. A copy of this statement is being sent to the Chief of Police of the City of Caldwell. 3. A security observation window has been agreed upon between the Licensee and the Chief of Police which will be located in the door rather than the wall. 4. The Licensee will enforce reasonable regulations to maintain peace within the establishment, as well as on the parking lot. 5. Attached hereto is a Disclaimer that has been executed by Herman Sanchez stating that he no longer has any proprietary or ownership interest in the Corner Bar, and in the future he will only act as an employee of Aurora Sanchez. 6. The Disclaimer of Herman Sanchez disclaims any interest in the bar and the Licensee hereby declares that it is her sole and separate property and that her husband is her employee at the Corner Bar and that the bar is, in fact, operated by the Licensee. Book 25 Page 230 The Disclaimer was as follows: I, Herman Sanchez, being the husband of Aurora Sanchez, and residing at 224 Denver ,Street, Caldwell, Idaho, do hereby freely and voluntarily disclaim any interest in the bar known as the Corner Bar situated at 224 Paynter Street, Caldwell, Idaho, and further disclaim that I have any interest in the said bar or in the license, or in the operation thereof. It is my understanding :[ will be a full time employee of the bar and that I am to receive and take directions in the operation of the bar from Aurora Sanchez, and 1: further acknowledge that the Corner Bar is Aurora Sanchez' separate property and that I no longer have any ownershJp or any proprietary interest therein. The Mayor further said that a copy of this material was also sent to him by the Police Chief with the following letter attached: Richard Rosenberry shared with me the attached statement from he and Aurora Sanchez, licensee of the Corner Bar, indicating compliance with Council's wishes after a suspension of two weekends. Also attached find a copy of report number 843591 where patrol officers found the Corner Bar the location of beer sales before permission to open was given and after legal hours. I think this is a clear indication of the Sanchez's unwillingness to cooperate and to continue violating the statute. To my knowledge, no permission to open has been granted by the Council and most recent events may guide Council action. Signed by the Police Chief The City Council and the Mayor discussed this problem at some length. It was then MOVED by Marcus, SECONDED by Cowles that after conference with the City Attorney and the State of Idaho Liquor Law Enforcement the Mayor and Chief of Police be authorized to follow the intent of the City Council in suspending the License of the Corner Bar. MOTION CARRIED (FURTHER COMMENTS BY THE MAYOR) The Mayor informed the City Council that meetings were being held with regard to the irrigation study. The Mayor stated that he would like to change the Regular City Council Meeting of November 20, 1984, to a Noon meeting instead of evening. This was due to the Association of Idaho Cities Legislative Banquet being held that night. There being no further business, the Meeting was adjourned at 1:00 p.m. APPROVED AS nntnhPr written 1984. Councilperson Councilperson ATTEST: person 16th DAY OF ��� City Cler