HomeMy WebLinkAbout1986-10-13city council minutesBook 27
REGULAR MEETING
October 13, 1986
12:00 Noon
The Meeting was called to order by Mayor Pete Cowles.
Page 190
The Mayor requested that everyone stand for the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the following
members present: Raymond, J. Carter, L. Carter, and Mallea.
Absent: Marcus and Marmon.
(APPROVAL OF MINUTES)
It was MOVED by Raymond, SECONDED by J. Carter to dispense with
the reading of the minutes of the Regular City Council Meeting of
September 15, 1986, and the Special City Council Meeting of
September 29, 1986, and approve them as written.
MOTION CARRIED
(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
(WESTERN BAR DISCUSSION)
Mayor Cowles stated that members of the City Council have
received a letter from the Chief of Police with regard to the
Western Bar. The City Attorney has been notified of the Chief's
concerns and the situation. All of the information the Police
Chief has will be turned over to the City Attorney after which
the Council will be notified as to what procdure will follow. It
was brought before the City Council at this time so they would be
aware of the situation.
(CONSIDERATION OF APPLICATION FOR TAXICAB LICENSE)
Mayor Cowles informed the City Council that a memo was received
from the Chief of Police with regard to this request. Members of
the City Council received copies of the letter which he would
refer to without stating the names. The letter said that the
Chief received an application for three taxicab licenses and in
checking the individuals, he found several discrepencies in the
information requested. Chief Sobba further stated that he would
not recommend a license be issued to these subjects under the
current circumstances. There was an invalid license, lack of a
chauffeur's license, and a criminal record.
MOVED by Raymond, SECONDED by Mallea that the application for a
taxicab license be denied as recommended by the Chief of Police
and the matter referred to the City Attorney for proper response
to the application.
MOTION CARRIED
(PRESENTATION BY DAN OZUNA)
Mayor Cowles stated that Dan Ozuna presented to him a proposed
Resolution which he read as follows:
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We, the undersigned, being former_ students, colleagues and
friends of the late Charlie Alvaro do hereby respectfully
petition and request that the Caldwell City Council, name and
designate the football /playing field located within Simplot
Stadium as "Charlie Alvaro Field." And in support of this
petition respectfully show as follows:
1. Charlie Alvaro was the head baseball coach at Caldwell
High School from 1964 until his death in 1986, and was the head
football coach at Caldwell High School from 1968 through 1986,
and during the period, the baseball. and football games of
Caldwell High School were played upon the field located within
Simplot Stadium.
2. That an entire generation of students from Caldwell High
School obtained the benefit of athletic participation and
personal growth while playing on the field under the coaching and
direction of Charlie Alvaro.
3. That it would be appropriate and fitting to memoralize
the contribution of Charlie Alvaro to the young people of
Caldwell by designating the :Field within Simplot Stadium as
"Charlie Alvaro Field."
The Resolution was submitted with signatures of those requesting
that this Resolution be passed by the City Council,
The City Clerk noted the arrival of Councilman Kent Marmon and counted
him as present.
This proposed Resolution was discussed at some length by the
members of the City Council. Several Councilpersons expressed a
desire to delay a decision until they had an opportunity to give
it some study,
The City Clerk noted the arrival of Councilwoman Marcus and counted
her as present.
The Mayor stated that he would have this item on the Agenda for
the next Regular City Council Meeting on October 1986, for
action by the Council.
(APPOINT EMPLOYEE COMMITTEE TO WORK ON ANNUITY PLAN)
The Mayor stated that due to the fact that there was a number of
groups coming to City Hall wanting to sell their_ programs, it was
felt that a Committee of the Employees should be appointed to
give the various annuity plans some study. The Committee that the
Mayor would ask the City Council to support was as follows: Cleo
Murphy, Chairperson; Judy Subia, Nevin Holly, Randy Dearden,
Ellen Erskine, and Dennis Callsen.
MOVED by L. Carter_, SECONDED by Raymond to approve the Committee
as requested by the Mayor,.
MOTION CARRIED
(RESOLUTION FOR THE RODEO LEASE)
Mayor Cowles explained that a copy of this Lease was distributed
to the Council members, Dwight Comfort of the Rodeo Board, and
the City Attorney has given his approval. The Mayor read the
Resolution authorizing the execution of the Lease.
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LEASE AGREEMENT.
BE IT RESOLVED by the City Council, City of Caldwell, that
the Mayor and City Clerk are hereby authorized to execute that
certain Lease Agreement, a copy of which is attached hereto, and
by this reference incorporated herein by which the City of
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Caldwell as Lessor agrees to demise and lease the space, area,
and buildings referred to as "demised premises" in Section 2 of
the Agreement which said demised premises are located at the
Canyon Multi- Purpose Complex, Caldwell, Idaho, to the Caldwell
Treasure Valley Rodeo, Inc., Lessee.
MOVED by Mallea, SECONDED by L. Carter that the Resolution be
passed authorizing the execution of the Lease Agreement with the
Caldwell Treasure Valley Rodeo, Inc.
Roll call vote. Those voting yes: Mallea, Marcus, Marmon,
Raymond, J. Carter, and L. Carter. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(ADDENDUM TO AGREEMENT WITH DAIRYMENS)
The Mayor requested that the City Engineer address this item on
the Agenda.
Mr. Redmond informed the City Council that Frank Krone submitted
to the City a proposed Addendum to their waste water disposal
Agreement that they have with the City. The City has been
working on this Addendum for about a year. Dairymens was
requesting the allocation that was turned down by Meat Packers.
When the Treatment Plant was originally put together, Dairymens
and Meat Packers were the two primary industries within the City
of Caldwell. Each of them was allocated a certain capacity in
the Treatment Plant. Dairymens has continued to use theirs and
in fact, did receive one increase. Now that Meat Packers has
closed down, Dairymens has requested a portion of their
allocation. This Addendum addresses how this will occur.
Dairymens could have asked for the entire allotment of Meat
Packers, but in this negotiated Agreement they have only asked
approximately sixty percent of it. This will leave the City
residual capabilities to serve other industry that might desire
to locate in Caldwell. Mr. Redmond further stated that he would
recommend approval of this Addendum.
Councilman Raymond stated that he would like to compliment Mr.
Redmond on this compromise that has been reached. It was his
feeling that it was essential for the City to retain some
residual capabilities.
MOVED by Mallea, SECONDED by L. Carter that approval be given to
the Addendum No. 2 with Dairymens as presented by the City
Engineer.
MOTION CARRIED
(DISCUSSION ON LEASE WITH THE B.M.X.)
Councilman Raymond informed the City Council that he requested
that this item be included on the Agenda as he was approached by
a member of the B.M.X. Association. Originally, the City
contracted with Don Martin which was an individual effort on his
part. Since the track has become operational, an Association has
taken it over. They were doing some improvements including
changing the alignment and reducing in size the area used. Some
of the benefits would be that they would be able to bring in
outside communities to conduct races which would enable them to
eventually apply for a national meet. Councilman Raymond further
said he looked over the feasibility study and there was no major
conflicts at least not in the near future. B.M.X. would like to
have the City consider a year extension on the lease they have
now with an identity of the area similar with what has been done
with the Rodeo Lease.
Councilwoman Mallea asked whether this request had been presented
to the Stadium Board. There has been some conerns regarding
their fences and the alignment and the usage of that facility
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Page 193
particularly with the original identification of that land for
parking. It was her recommendation that this request first be
presented to the Stadium Board for their discussion. They could
then report back to the City Council.
Councilwoman Marcus also reminded the Council of the concerns
presented by Bob Collins some time ago about the area. Mr.
Collins stated that he thought the City needed to go back to
consideration of what the land was originally intended for.
Councilman Raymond further_ said that the Association wanted to
know if the City and the Stadium Board would be agreeable to
allowing them to try to proceed in a manner that they hoped would
bring more activities to Caldwell. There was no intent to try to v
take away from the long term plans for the area and it was
Councilman Raymond's intent to support their efforts.
It was then MOVED by Mallea, SECONDED by L. Carter that this
request be presented to the Stadium Board for their input.
MOTION CARRIED
(REPORT ON PROPOSED LEASES FOR BOB MADDEN'S HANGARS)
The City Engineer reminded the City Council that he did
distribute to the City Council members draft copies of a proposed
lease for hangars at the Airport. Marty Koch has been trying to
consolidate the execution of these leases and if there was any
comments to expedite the process, Council comments would be
appreciated. Mr. Redmond further explained that Mr. Madden has
been selling his group of hangars over the last several years,
Legally the only tie the City has is through Mr. Madden's single
lease. There is probably twelve or thirteen hangars and
currently, probably only four that are Mr. Maddens, This
proposed lease was an attempt to get all of the individual owners
on an individual lease so the City would be dealing with them on
a more direct basis.
Councilwoman Mallea stated that she felt that the termination
section and the right to purchase needed to be given some study.
Councilman J. Carter also commented that he had some concerns but
did not have his copy with him at this time. Both agreed that
they would meet with the City Engineer regarding their concerns.
(PROPOSAL BY JIM MCGARVIN)
The Mayor recognized Jim McGarvin, who had requested to speak to
the City Council.
Mr. McGarvin addressed the Council and stated that he would like
to discuss the property on Canyon Hill, the corner of Marble
Front Road and Indiana. This was property owned by him along
with his parents. They recently received a letter asking them to
clean the property up which they had no problem with. He had
discussed with the City Engineer on what the plans were with
regard to the storm drain adjacent to their property and between
Marble Front Road. He did not know if there was a decision made.
To review events over the years, Mr. McGarvin said that when some
of the streets were redone on Canyon Hill, several
sub - contractors came to him and ask if he would like to stockpile
some dirt on that property. The McGarvins decided to do this _-
which helped them cut their bids down and accomplished a saving.
Also, dirt was stockpiled adjacent to Marble Front Road which
they had planned to utilize to tile the drains. They did not
have a problem in cleaning up the property, but they would like
for the mounds of dirt to remain until they determined what
developement would occur in that site.
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Mr. McGarvin also stated that he had some property adjoining his
shop facility which adjoined the Treatment Plant. The City
recently purchased a piece of property in that area from the
Abes. There was still a small triangle of property on the West
and South side of Indian Creek that contains about a half an
acre. This property bordered his property and was also divided
by a storm drainage ditch. He discussed with the former Mayor
the possibility of buying that small portion of property. At
that time, the Mayor told him that this could probably be worked
out.
Mr. McGarvin further stated that the City property purchased from
the Abe family was also an eyesore and should be cleaned up. He
was still interested in buying the small triangle piece of
property. Mr. McGarvin explained plans that he had for the area
including fencing and the fact that he did intend to comply with
the City's request to clean it up.
There was a great deal of discussion among the City Council
members. The City Engineer explained the process stipulated by
State Law that the City has to comply with in selling property.
This included passing an Ordinance declaring that the property
was surplus. After this Ordinance passes, a sixty day time frame
was established allowing the residents of the City an opportunity
to petition saying that it was not to be surplus property. After
the sixty day time frame has elapsed, the property has to be
offered at a public auction and the minimum bid has to be the
appraised value. Tiling of the storm drains could be included as
a condition of the sale. If there is no bids for the minimum bid,
the Council can then dispose of the property in what they
determined to be the best manner.
The City Council in their discussion determined that this
direction was probably already decided, but they would again
state that the process be started. Mr. McGarvin asked if the
City would clean up their property since he has been asked to do
the same on his property. Councilwoman Mallea pointed out that
there was three separate problems; the area adjacent to Mr.
McGarvin's land on Marble Front which some direction from the
City Engineer was needed, the conditions of the sale of the
surplus property, and the cleaning up of the property which would
be addressed when the other two problems received direction.
(CHANGE IN CEMETERY FEES)
Mayor Cowles stated that the members of the City Council received
letters from Dakan Funeral Chapel and from the Sexton of the
Cemetery, Vinton Howell, with regard to the fees for baby burials
at Canyon Hill Cemetery. The letters stated their feelings with
regard to the fees recently established for the baby burials.
Councilwoman Marcus stated that she appreciated the input from
Dakans and the Sexton. Some information was available when they
set the fees initially, but she said they did not have as much
specific information on baby burials. Councilwoman Marcus
further said that their input seemed to be reasonable and she
would have no problem in agreeing.
Councilman J. Carter stated that he requested that the letter
from Dakans be written to the Mayor and City Council, but he had
not had time to study it over completely. He really had no
problem with making the adjustment, but he just didn't have the
fee that he felt should be set.
Mayor Cowles stated that the new Fees for baby burial would be as
follows: Space, $75.00; Grave Fee, $35.00; Perpetual Care,
$30.00. The Resolution was as follows:
BE IT RESOLVED That the fees and regulations set forth in
the Petition attached hereto and made a part hereof as though set
forth in full are hereby adopted by the Council, City of
Caldwell.
Boob 27
Page 195
MOVED by Marmon, SECONDED by Mallea that the Resolution be passed
establishing the new Cemetery Fees for baby burial,
Roll call vote. Those voting yes: Marmon, Raymond, L, Carter,
Mallea, and Marcus. Those voting no: none. Abstain: J.
Carter. Absent and not voting: none.
MOTION CARRIED
Councilwoman Marcus stated that the Sexton also requested a
change in the wording for the Saturday funerals and she wondered
if this was included in the Petition along with the Baby fees.
The Mayor read the changed paragraph which he said was included
as follows:
Saturday funerals will be held only with the approval of the
Sexton. Saturday funerals may be held in the morning only.
There will be an additional fee of $200.00 for Saturday
funerals.
There was considerable discussion about the fact that the new
paragraph does not state that the Mayor and the Sexton are both
to give their approval. It was determined that the Mayor should
also be included in the paragraph on the Saturday burials.
Councilman J. Carter stated that he would agree with the two
changes in the Fee schedule for the Cemetery.
(DEEDS AND EASEMENTS)
The Mayor recognized the Planning and Zoning Director and
requested that she present the Deeds.
Mrs. Robison informed the City Council that she had three Deeds
to be accepted by the Council. One from Randall H. Hopkins and
Donald D. Drum for the South half right of way of Linden Street
East of Meadow for one hundred feet; one from the Valley
Pentecostal Church for the South half of Owyhee Lane for thirty
feet by one thousand one hundred and four feet; and the last for
property that was purchased from the State of Idaho which was a
residual piece of right of way left over after the construction
of the Northwest Connector.
There was restrictions placed by the State on the property the
City purchased from them. There was to be no advertising signs,
displays or devices on the property and also prohibits the use of
the property as a junk yard and dump and prevents erection or
construction of any buildings or structures within twenty feet of
the right of way of the connector.
MOVED by Mallea, SECONDED by Marcus that the Deeds be accepted by
the City and the Clerk instructed to have the Deeds recorded.
MOTION CARRIED
(REQUEST FOR AN EXECUTIVE SESSION)
MOVED by Mallea, SECONDED by Raymond that pursuant to Idaho State
code, Section 67 -2343, an ]Executive Session be called immediately
following the Regular City Council Meeting for the purpose of
discussing personnel.
Roll call vote. Those voting yes: Mallea, Marcus, Marmon,
Raymond, J. Carter, and L. Carter. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(AWARD BIDS)
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Page 196
The City Engineer reported that a number of bids were opened last
week and copies of the abstracts -were submitted to the City
Council. The first was the bid opening for L.I.D. 86 -1 for which
three bids were received. The low bid was from Idaho Sand and
Gravel in the amount of $47,762.71.
MOVED by Raymond, SECONDED by Marmon to accept the low bid from
Idaho Sand and Gravel in the amount of $47,762.71 as recommended
by the City Engineer.
MOTION CARRIED
Also bids were received for a group of water line projects which
were bid individually. The first was a water line project for
Linden Street which will be pursued in the spring. The low
bidder was Masco Incoporated of Boise in the amount of
$57,215.00. The second for a water line project on Arthur Street
where the low bidder was again Masco Incorporated in the amount
of $39,419.00. The third was Logan Street and the low bidder was
Masco Incoporated in the amount of $31,114.00. The final for
Ustick Road for water line and pressure sewer or which the low
bidder was J. & L. Excavation in the amount of $16,415.00.
MOVED by Raymond, SECONDED by Mallea that the low bidder of Masco
Incoporated for water line projects on Linden, Arthur, and Logan
be accepted and to J. & L. Excavation for Ustick as recommended
by the City Engineer.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilman Raymond reported that there was a meeting of the
9 -1 -1. They have been experiencing some serious interference
with their transmitting and improvements may be necessary for the
transmitting tower. Councilman Raymond also informed the Council
that he would be out of town next week and would not be attending
the City Council Meeting on Monday evening. He reminded the City
Council of the Chamber dinner on Thursday evening and they should
make reservations.
Councilman Raymond also said that he received a letter from
Richard Harris concerning the status of cases he handles for the
City. He would put the letter an the board by Council baskets so
the Council members could read it.
Councilman L. Carter reported that the Senior Citizens were going
to go ahead and finish the room that they have had problems with.
Separate bids were requested.
Councilwoman Mallea stated that she had been working with the
Chamber of Commerce with a project regarding jobs for Caldwell.
Councilwoman Marcus reported that the Library Board rejected the
bids for their doors as they were much too high. They will now be
working on getting some new manual doors.
Councilman Marmon presented to the City Council his picture for
the lobby in City Hall. He assured them all that they would
receive autographed pictures in the next week or so.
(MAYOR'S COMMENTS)
Mayor Cowles reported that a letter was received from Browning
Ferris stating that they would be requesting an increase this
next year. This will be on the Agenda as soon as possible so he
would ask Council to review the letter from Mr. Peterson.
There was also a letter from Darrel Deide which he distributed in
the Council's mail boxes.
BOOS{ 27
Page 197
Mr. Redmond reminded the Mayor that the Council should probably
be made aware of the purchase made by the City last week. At the
Mayor's request, Mr. Redmond explained that there was 32.2 acres
at the Airport that the City has been interested in for some
time. An offer was made to the Bank in the amount of $50.000
which they accepted.
MOVED by Raymond, SECONDED by Mallea that the City Council accept
the negotiations completed by the City Engineer and the Mayor.
MOTION CARRIED
Councilwoman Mallea asked what the status was with regard to the
Search Committee for a Stadium Manager. Councilman Raymond
replied that they were working on it.
There being no further business, the Regular City Council Meeting
was adjourned and the City Council convened into an Executive
Session which was adjourned at 2:45 p.m.
APPROVED AS written THIS 20th DAY OF Octo ber
v
1986.
tou llper / son
C ,ncilpersozi
Councilperson
ATTEST:
City Clem
Councilperson