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
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City Cler