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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: Book 27 Page 191 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 Book 27 Page 192 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 Book 27 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. Book 27 Page 194 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) Book 27 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