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HomeMy WebLinkAbout1985-10-21city council minutesBook 26 REGULAR MEE'T`ING October 21, 1985 7:30 p.m. The Meeting was called to order by Mayor McCluskey. Page 2 ©1 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: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Absent: none. (APPROVAL OF MINUTES) MOVED by Cowles, SECONDED by Raymond to dispense with the reading of the minutes of the Regular City Council Meeting of October 7, 1985, and the Regular City Council Meeting of October 14, 1985, 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 (THIRD READING OF BILL NO. 24 - AMEND CODE REGARDING PAWNBROKERS) The Mayor stated that this was the time set for the third reading of Bill No. 24. There was some changes made in the Bill since the last reading and it was the Mayor's understanding that several people in the audience wanted to discuss the Bill at this time. The Mayor recognized several gentlemen representing Pawnshops in Caldwell including John Crew from Duke's Pawnshop, Tim Saint George from Jack's Pawnshop, and B. J. Parker from Trader's Den. All of them voiced various questions and concerns with regard to the proposed Bill. The Police Chief and the City Council attempted to address their concerns. when it became apparent that there was far too many items to discuss at this time, the Mayor suggested that the Police Chief make arrangements to meet with the Pawnbrokers to go over the Bill with them. The Mayor further stated that the third reading of Bill No. 24 would be delayed until the next Regular City Council Meeting. NEW BUSINESS (BILL NO. 27 -- AMEND CODE REGARDING PLUMBING CODE) The Mayor asked the City Council members if they had all read this proposed Bill as copies were distributed to them several days ago. Council members stated that they did have an opportunity to read both Bill No. 27 and Bill No. 28. The Mayor then read Bill No. 27 by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO PLUMBING CODE BY REPEALING CHAPTER 2, SECTIONS 1 THROUGH 6 OF TITLE V AND ADDING A NEW CHAPTER 2, SECTIONS 1 THROUGH 5, TITLE V PERTAINING TO PLUMBING CODE: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. Book 26 Page 202 Councilwoman Mallea further commented that there was a memo from the City Clerk explaining the necessity of passing this Bill as soon as possible as the license renewal notices are due to be mailed very soon. Therefore, it was MOVED by Mallea, SECONDED by Cowles to suspend the rule requiring that a Bill be read at three separate times and that the Bill be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 27 be passed and entitled Ordinance 1712. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 28 - AMEND CODE REGARDING ELECTRICAL CODE) The Mayor explained that this Bill was similar to the previous one. The first was to eliminate the provision that plumbers have to secure a contractor's license and a journeyman's license before working in Caldwell.. Bill No. 28 was the same except that it pertains to electricians. A thousand dollar bond was also eliminated along with the license requirement. The Mayor then read Bill No. 28 by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIME CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO ELECTRICAL CODE BY REPEALING CHAPTER 3, SECTIONS 1 THROUGH 16 OF TITLE V AND ADDING A NEW CHAPTER 3, SECTIONS 1 THROUGH 9, TITLE V PERTAINING TO ELECTRICAL CODE: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT -- HEREWITH. MOVED by Mallea, SECONDED by Cowles to dispense with the rule requiring that a Bill be read at three separate times and that the bill be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 28 be passed and entitled Ordinance No. 1713. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor requested that the Building Official make a report to him in six months as to the effect these Bills might have. (EXECUTIVE SESSION REQUESTED) The Mayor informed the City Council that he would request an Executive Session for the purpose of discussing personnel. This meeting would immediately follow the Regular City Council Meeting. Book 26 Page 203 MOVED by Cowles, SECONDED by Norman that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2343 for the purpose of discussing personnel. Roll call vote. Those voting yes: Cowles, Marcus, Mallea, Carter, Norman, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Norman reported that the Finance Committee met and checked over all of the bills for the month. The report was as follows: Accounts payable in the amount of $211,355.73; payroll in the amount of $233,249.37 of which $54,265.45 was fringe benefits. The total was $444,605.10. MOVED by Norman, SECONDED by Raymond that the bills as presented be approved, checks be issued and that the Requests for Payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Raymond informed the City Council that he received a letter dated the 11th of October which he read to the Council as follows: Apparently you have made inquiry at the Caldwell Armory to our senior technician regarding the status of ownership of the Caldwell Armory, As a Judge Advocate in the Idaho National Guard, State of Idaho, Military Division, I am pleased to answer your inquiry. Historically, on 11 July 1960, by warranty deed the City of Caldwell conveyed an undivided one -half (1/2) interest in certain land situated in Canyon County, on which the armory now sits, to the State of Idaho. Said deed was recorded on 16 August 1960 (enclosure 1). On 1 December 1961, an agreement (enclosure 2) was entered into between the Departments of the Army and the Air Force through the National Guard Bureau with the State of Idaho and the City of Caldwell. This Agreement provided for the construction of the Caldwell Armory pursuant to 10 United States Code, Section 2233(a)(4) as follows: "The Secretary of the Defense may contribute to any State such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by it of additional facilities as he determines to be required by any increase in strength of the Army National Guard of the United Stated . ." The State previously perfected title and suitable interest in the real estate prior to construction. Pursuant to authority, of federal law, the Agreement was entered into between the parties and said Agreement was to remain in full force and effect for a period of twenty -five (25) years from the date of acceptance by the State, City and Government of each facility constructed thereunder. On October 1, 1962, a date which appears to correspond with acceptance of the facility an additional Agreement (enclosure 3) was entered into between the State of Idaho and the City of Caldwell which recognized the 1 December 1961 Agreement and provided for maintenance during the 25 year period, as well as the fact that no disposition or use of the facility will interfere with the use for the administration and training of units of the Reserve Forces of the United States. The use Agreement does not expire until October 1, 1987. Book 26 Page 204 Should the City desire to address the next use Agreement our representative would be pleased to meet with you. In that regard you should contact Colonel Jack Long at 385 -5213. Please be advised, however, by Federal law, no use or disposition of the facility may interfere with administering and training the Reserve Components of the United States. 10 United States Code, Annotated, section 2235(b)(1) and Section 2236(d)(1); Idaho Code, Sections 46 -717, 724, 726. I hope I have answered your inquiry thoroughly. If I may provide further information you may contact me at 345 -1040 or by mail addressed to Manweiler, Bevis & Cameron, Box 827, Boise, Idaho 83701 /s/ James A. Bevis Capt, JAGC Councilman Raymond further stated that he would like to have the Deed and Agreement attached to the minutes and the letter made a part of the minutes as a permanent record. This information was requested some time ago and Councilman Raymond felt it would be of benefit to have the letter on record. (MAYOR'S COMMENTS) The Mayor informed the City Council that a check for $350 was received from the Presbyterian Church to the City to help cover costs for Fire and Police protection. Also, the Mayor stated that a letter was sent to the Fire Department personnel asking them to use caution when the new lights are connected and working. It will take the public some time to get used to that new light. The Mayor commented that he would like for the Press to take note of this and perhaps include an article in the paper to make the public aware. There being no further business„ the Regular Meeting was adjourned and the City Council convened into an Executive Session to discuss personnel as previously stated. After discussion, the Executive Session was adjourned at 9:15 p.m. APPROVED AS written TEiIS 4th _ DAY OF November 1985. a Mayo C G� C a ' n.Gi man( n.ci .man ATTEST: C fy Cler f/