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HomeMy WebLinkAbout1980-11-25city council minutesBook 21 Page 359 REGULAR MEETING November 25, 1980 1:30 p.m. The Meeting was called to order by Mayor McCluskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, and Betts. Absent: Carter. (RESOLUTION NO. 82 -80 - MIRACLE MILE) The Mayor recognized Jerry Beukelman who explained briefly that a group of businessmen on Cleveland Boulevard from Twenty -first Street to Ustick Road have organized an association called the Miracle Mile Merchants. They have thirty -three active members and they intend to pool their resources in bettering the businesses and to create an organization that they all have a group interest in. They felt that there was a need for them to band together in trying to promote Caldwell as a business area in that direction of town. There was a lot of growth out there and a great many new businesses coming in. They hoped to do a cooperative type of advertising for shopping in the area and also hoped to strengthen the safety factors both for drivers and pedestrians. It was their hope to get some help from the Council in getting some recognition as an organization trying to better the area and the City of Caldwell. Mr. Beukelman further stated that they would like to have the City Council's support and in return they hoped that they would be able to support them. The Mayor thanked Mr. Beukelman and stated that he had a Resolution that he would like to read for Council approval: WHEREAS, Because the merchants of the East Caldwell area do intend to give their area identity by referring to that segment of the City by specific namen, and WHEREAS, that name does not at present appear on City maps, and WHEREAS, The Council and the Mayor of the City of Caldwell are supportive of any efforts by businesses to promote cooperative projects to the benefit of all, and WHEREAS, The Council and the Mayor encourage all businesses in the City of Caldwell to use imagination and aggressiveness to promote growth, BE IT THEREFORE RESOLVED, That the City Council and the Mayor of the City of Caldwell do hereby declare the arterial from Twenty -first Street East to Ustick Road be referred to as Miracle Mile. MOVED by Hopper, SECONDED by Betts that the Resolution declaring the arterial from Twenty -first Street East to Ustick Road be referred to as Miracle Mile. Roll call vote. Those voting yes: Hopper, Betts, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: Carter. MOTION CARRIED Mr. Beukelman further informed the City Council that they intended to have as many merchants as possible that were involved present at Twenty - fourth and Cleveland for the purpose of putting,;up a sign designating Miracle Mile at 4:00 that afternoon. They would hope that as many of the City Council and the Mayor could be present. Councilman Hopper was recognized and said that he would like to comment that the merchants of the Miracle Mile had approached the Chamber of Commerce with this idea for recognition and support. In no sense of the word was the Chamber's or the Council's recognition intended to replace downtown Caldwell. The idea was to enhance Caldwell's business community and draw more people to Caldwell. Councilman Hopper felt that the intention was positive. OLD BUSINESS (RESOLUTION NO. 78 -80 - AGREEMENT WITH MOBILCOM) The Mayor stated that the first item under Old Business was a Book 21 Page 360 Resolution on an Agreement with Mobilcom for radio maintenance. This bid was approved, but it was necessary to have the Resolution authorizing the execution of the Agreement. The Mayor read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND MOBILCOM. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Mobilcom for radio maintenance for a one year period at a cost of $191.45 a month. MOVED by Raymond, SECONDED by Betts that Resolution No. 78 -80 be passed as presented by the Mayor authorizing the execution of the Agreement with Mobilcom. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Betts, and Williams. Those voting no: none. Absent and not voting: Carter. MOTION CARRIED (RESOLUTION NO. 83 -80 - ADDENDUM TO LEASE AGREEMENT WITH PLIGHT SERVICE). The next item on the Agenda explained the Mayor was an Addendum to Bill Iest's Lease Agreement at the Airport. The Mayor further informed the City Council that he had a meeting with Mr. Iest and his wife, and Mr. and Mrs. Shore with regard to this Addendum.. The Mayor then read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AN ADDENDUM TO LEASE AGREEMENT BETWEEN TIIE CITY OF CALDWELL AND PLIGHT SERVICE, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Addendum to lease Agreement at Caldwell Industrial Airport attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Plight Service, Inc. MOVED by Betts, SECONDED by Hopper that Resolution No. 83 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Betts, Williams, Raymond, Mallea, and Hopper. Those voting no: none. Absent and not voting: Carter MOTION CARRIED The Mayor then stated that he would read the Addendum for the City Council as follows: The City of Caldwell entered. into an Agreement with Plight Service, Inc., effective January 15, 1977, for a period. of twenty years, including all option periods. Paragraph one Cl), Page 1 of the Agreement provides that Plight Service, Inc., agrees to pay rent for said premises in the sum of One Thousand Dollars ($1,000.00) per year for the first five (5) years of the Agreement, said rental to be___, paid in equal monthly payments of Eighty Three Dollars and 33/100 ($83.33) per month for eight (8) months and Eighty Three Dollars and 34/100 ($83.34) for four (4) moa-ths, with the first monthly payment to be made on or before the lst day o: February, 1977, and a like payment on the 1st day of each and every month thereafter for the first five (5) years of this Lease Agreement. At the end of said five (S) year period and at five (S) year intervals during this Agreement, the rent shall be renegotiated and a fair rent established taking into consideration the rent established by City of Caldwell for other similar property at Book 21 Page 361 Caldwell Industrial Airpark. The City Council, by motion duly passed in a Regular City Council Meeting held at 12:00 noon on October 28, 1980, agreed to the following considerations and changes in the original Agreement: 1. That Flight Service, Inc., be allowed to have general aviation as well as commercial or agricultural maintenance at his facility until the present lease is up for re- evaluation. 2. The City of Caldwell: will require an additional monthly charge of Fifty Dollars ($50.00) from Flight Service, Inc., to continue until the present lease is up for re-evaluation. The Mayor then requested that the City Clerk send a copy of this Resolution and Lease Agreement Addendum to Bill Iest. Some discussion followed between the City Council members with regard to this Addendum. It was then generally agreed that the City had modified Mr. Iest's lease by granting him permission to do general aviation maintenance and for that consideration the City will receive $50.00 a month. NEW BUSINESS (REQUEST FOR WAIVER OF FEE FOR DOOR TO DOOR SALESMAN) The Mayor explained that there was a gentleman present at the Council Meeting to discuss with the City Council the possibility of securing a waiver on the door -to -door salesman license fee. Mr. Kimbriel was then recognized and explained that he was there representing Owyhee Sheet Metal of Nampa and the subsidiary of that, Owyhee Solar System, Inc. They were asking that they be allowed to send their people out to survey different areas to see if there was a need for solar energy. It was his feeling that they were doing a service for the community and they were not going from door to door asking the people to buy :right at that time. If they requested a survey on their home to find if they needed additional insulation to better heat their home and if the home could be fitted with solar energy, they would then look at - aspect and at their request would explain how it could be implemented by having someone from their company come to the home. Mr. Kimbriel stated that it was the company's feeling that the fee required by the City was extensive and they were hoping that the City Council would grant a reduction or waive the fee for them to conduct this survey. The City Council discussed this request at some length. The Mayor read from the City Code the several situations that would warrant a reduction of the fee for the door -to -door salesman. Councilman Raymond pointed out that he felt that this was for the general public's interest and that some consideration should be given with regard to the fee. MOVED by Raymond, SECONDED by Hopper that the fee be waived to the $3.00 per three month period as provided for in the City Code. The Mayor informed Mr. Kimbriel that there was a Surety Bond required which was to be submitted to the City Clerk before securing the license. Councilwoman Mallea was recognized and stated that she had difficulty in believing that this was really in the public interest. Therefore, with Councilman Raymond's permission and the second, Councilman Hopper, she would request that the period be left at only for a three month period with renewal of the license only at the pleasure of the Mayor to allow them to go door to door. Both Councilman Raymond and Councilman Hopper agreed to this being a part of the motion. The motion then read that the fee be waived to the $3.00 per month Book 21 Page 362 period as provided for in the City Code with the stipulation that the renewal after the three month period be approved by the Mayor. MOTION CARRIED (RESOLUTION NO. 81 -80 - EXECUTE CONTRACT WITH BROWNING- FERRIS) The Mayor explained that the next order of business was the Resolution to allow for the execution of the contract agreement with Browning- Ferris for solid waste collection. The Mayor read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN TIIE CIT`.0 OF CALDWELL AND BROWNING - FERRIS INDUSTRIES. BE IT RESOLVED That the Mayor and City Cleric of the City of Caldwell be, and the same'hereby are, authorized to execute that certain Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Browning - Ferris Industries for the purpose of solid waste collection to be effective December 1, 1980. MOVED by Hopper, SECONDED by Mallea that Resolution No. 81 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Betts, Williams, Raymond; and Hopper. Those voting no: none'. Absent and not voting: Carter. MOTION CARRIED (BILL NO. 35; ORDINANCE NO. 1588; AMEND CODE WITH REGARD TO GARBAGE PICKUP) The Mayor stated that it was necessary at this time to pass an Ordinance amending the City Code with regard to the garbage pickup. IIe then read Bill No. 35 by title only as follows: AN ORDINANCE TO AMEND TITLE 'VII, CHAPTER 3, OF THE MUNICIPAL` CODE OF TIIE CITY OF CALDWELL, STATE OF IDAHO, RELATING TO GARBAGE BY REPEALING AND ADDING CERTAIN LANGUAGE IN SECTION 1, DEFINITIONS; SECTION 4, REFUSE COLLECTION; SECTION 7, REFUSE CONTAINERS; SECTION 8, COLLECTION PERIOD; SECTION 9, RUBBISH, SPECIAL HANDLING; SECTION 10, COLLECTION, BUSINESS IIOUSES; SECTION 11, COLLECTION FEES; SECTION 14, DISPOSAL SITE; SECTION 15, INSPECTION; AND SECTION 18, RULES AND REGULATIONS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS HEREOF IN CONFLICT HEREWITII AND PROVIDING AN EFFECTIVE DATE. MOVED by Raymond, SECONDED by Williams to suspend the rule requiring the reading of a Bill three separate days and that Bill No. 35 be passed on the first reading. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Betts, and Williams. Those voting no: :none. Absent and not voting: Carter. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Raymond, SECONDED by Williams that Bill No. 3S be passed and entitled Ordinance No. 1588. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Betts, and Williams. Those voting no: none. Absent and not voting: Carter. MOTION CARRIED (RESOLUTION NO. 84 -80 - ESTABLISH GARBAGE RATES) The Mayor then explained to the City Council that it was necessary to pass a Resolution establishing the garbage rates. He then read the Resolution in full as follows: Book 21 Page 363 BE IT RESOLVED That the fees 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, Idaho, to be effective on December 1, 1980. MOVED by Williams, SECONDED by Mallea that Resolution No. 84 -80 be passed establishing the garbage rates. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, and Betts. Those voting no: none. Absent and not voting: Carter. MOTION CARRIED (CATERING PERMIT) The City Clerk presented one catering permit for approval by the City Council. This was requested by the Office to cater for the Eagles on November 27, 1980. The Chief of Police submitted his approval and the fee was paid to the Office of the City Clerk. MOVED by Raymond, SECONDED by Betts that approval be given for the catering permit as presented by the City Clerk. MOTION CARRIED Councilwoman Mallea was excused from the Council Chambers. (RESOLUTION NO. 79 -80 - CERTIFICATION OF SIGNATURE CARDS) The Mayor stated that there was a couple of Resolutions that were necessary with regard to the E.D.A. funding that he would like to present at this meeting. The first one was as follows: WHEREAS, in conjunction with application for Economic Development Funding, the Department of Commerce requires formal certification of signature cards; WHEREAS, Idaho First National Bank has been designated as the official depository for the E.D.A. /U.D.A.C. NOW, THEREFORE, BE IT RESOLVED That any of the two following officials be authorized to sign checks drawn on the above named account providing that one of them be an elected official: Debra McJunkin, Treasurer Betty Jo Keller, City Clerk A. H. McCluskey, Mayor Alta E. Williams, City Council President BE IT FURTHER RESOLVED' That said authority hereby conferred shall remain in full force until written notice of the revocation thereof by the Council and this City shall have been received by said depository and that the Clerk be and she is hereby authorized and directed to deliver to the same Bank a certified copy of this Resolution and to certify to the Bank herein designated, the true and current signatures of the above named officers. MOVED by Williams, SECONDED by Hopper that Resolution No. 79 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Williams, Raymond, Hopper, and Betts. Those voting no: none. Absent and not voting: Mallea and Carter. MOTION CARRIED (RESOLUTION NO. 80 -80 - CERTIFICATION OF SIGNATURES TO DRAW ON CITED LETTER OF CREDIT) The Mayor then read the second Resolution necessary as follows: WHEREAS, in conjunction with application for Economic Development Funding, the Department of Commerce requires formal certification of signatures of individuals authorized to draw on the cited letter of credit by payment voucher; Book 21 Page 364 NOW, THEREFORE, BE IT RESOLVED, that the following are hereby authorized to sign, on. behalf of the City of Caldwell payment vouchers when drawn down against its letter of credit, such requests to be signed by any two of the following official! providing that one be an elected official: Donna Talley, Chief Accountant Cleo Murphy, Accounting Department Clerk I A. I1. McCluskey, Mayor Gene Betts, Councilman BE IT FURTHER RESOLVED, That Betty Jo Keller, City Clerk of the City of Caldwell be designated to certify the authenticity of the signature of individuals authorized to execute E.D.A. Form E.D. -113 Outlay Report and Request for Reimbursement. MOVED by Hopper, SECONDED by Betts that Resolution No. 80 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Betts Williams, and Raymond. Those voting no: none. Absent and not voting: Mallea and Carter. 'MOTION CARRIED (REQUEST TO BID FOR SPRAY MATERIAL) The Mayor informed the City Council that the Park Superintendent requested that he be allowed to ask for bids for.spray material. He felt that quite a bit of money could be saved if it was purchased now. The Mayor stated that he had told him to go ahead. The City Council declared their agreement to the request. (POLICE CHIEF SEARCH COMMITTEE) The Mayor said that the Police Search Committee consisting of Councilman Raymond, Councilman Hopper, Councilwoman Williams, the Police Chief, Dennis Goff and Dave Johnson and the Mayor were planning to meet starting next week. The Mayor further informed the Council that an add did go out over the TWX which will cover the West. It was also advertised in the A.I.C. Magazine and was in the Idaho Press Tribune. It was the Mayor's suggestion that a decision should be made by the first of January. A list-of, questions to ask the applicants was compiled and ready for use which the Mayor :Celt was excellent. (DEEDS AND EASEMENTS) The Mayor recognized the City Engineer who stated that he had three deeds that he would like to present to the City Council for acceptance. Two of them were for that part of:the couplet next to Blackers. The Deed from Blackers was recorded, but the one submittec by J.M. Hess Construction was not recorded. The other deed was from Nola Milliner for the property trade with the City. It was the City Engineer's recommendation that the deeds be accepted by the City council and the City Clerk instructed to record the two that had not been recorded. MOVED by Hopper, SECONDED by Raymond to accept the three deeds and that the City Clerk be instructed to have two of the Deeds recorded. MOTION CARRIED (RECOMMENDATIONS FROM THE FINANCE MEETING) Councilwoman Williams was recognized and stated that she would suggest that the two recommendations from the Finance Committee Meeting be presented at this time for approval. by the City Council. The Mayor stated that he would like to discuss one of the recommendations. It was suggested at the Finance Meeting that a Revolving Fund be opened and this was the item that he felt needed to be discussed. The Mayor felt that all this would be accomplishing was opening another account wh.enthe purpose of the recommendation was to control the pre- writes. Book 21 Page 365 It was the Mayor's suggestion that to control the pre- writes the City Council state that there be no pre - writes written without approval of the City Council or the Finance Committee. Councilwoman Williams stated that what was needed was to sti_nulate that only in an extreme emergency a pre -write may be written with approval of one of the members of the Finance Committee. MOVED by Williams, SECONDED by Betts that the City Council allow pre - writes only in case of an emergency with the approval of one of the members of the Finance Committee. MOTION CARRIED The other item that was discussed at the Finance Committee meeting was the decision with regard to the bids submitted for the police vehicles. Councilman Hopper reminded the Mayor and Council that it was decided to not accept the bids as presented previously and to allow the Mayor to go after some bids for purchase, but this had not been done officially. MOVED by Hopper, SECONDED by Williams that the City Council not accept any of the bids as submitted on police cars and that the Mayor be allowed to investigate the possibilities of buying one additional unit after the City made purchase of the existing units that were currently on a rental contract. MOTION CARRIED The Mayor then stated that the City Attorney had requested an Executive Session for the purpose of discussing personnel and he would ask for a motion to convene into an Executive Session. MOVED by Betts, SECONDED by Williams that the City Council convene into an Executive Session as provided for in the Idaho Code to discuss personnel problems. MOTION CARRIED There being no further business, the Meeting was adjourned at 2:20 p.m. APPROVED AS written THIS Councilman Councilman" Councilman ATTEST: City C1 r-C 2nd DAY OF December , 1980.