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HomeMy WebLinkAbout1984-01-17city council minutesBook 25 REGULAR MEETING January 17, 1984 7:30 p.711. Page 12 The Meeting was called to order by Mayor McCluskey. The Mayor requested that everyone stand and give the Pledge of Allegiance to the F1aq. The Roll of the City Council was called with the following_. members present: Cartier, 9allea, Marcus, Cowles, Raymond, and Norman. Absent: none. (APPROVAL OF MINUTES) It ,was MOVED by Cowles, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of January 3, 1984, and the Regular City Council Meeting of January 10, 1984, and approve them as written. MO'T`ION 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. Since there was. no one, the Mayor_ declared that the Meeting would continue as outlined. OLD BUSINESS (THIRD READING OF BILL NO. 1 - VACATION OF ALLEY AT TROLLEY SQUARE) The Mayor requested that the third reading of Bill No. 1 be delayed until the next City Council Meeting. There was some items that the Engineering Department would like to pursue before this reading. (BILL NO. 4 - NOTICE OF CITY'S INTENT TO SELL, GANS PROPERTY) The Mayor called on the City Engineer, Ron Redmond, to make a statement with regard to this itme. Mr. Redmond pointed out the area that was under consideration on a map for the City Council members. Mr. Redmond further stated that the last direction of the Council concerning the request by Mr. Gans for the City to sell him a portion of City property to resolve several problems (a portion of his house and his septage field are on City property) was for the Mayor and myself to have the property appraised. Rather than have a formal appraisal done which would probably cost more than the property, I contacted two realtors in the area to give their opinion. Orville Collins and Chuck Karn independently reviewed the site and both placed a value on the property of $500.00. This appraisal was based on the property not being a buildable parcel, the buyer to survey property boundaries, and the buyer to clean up the property. Mr. Redmond further said that one of the problems that arises from attempting to sell this piece of property is that we only want to sell to the adjacent ownership in order to clear up a property boundary problem. If we sell the parcel prior to vacation of the road, then in effect there are two parcels both of which could be considered as unbuildable because of setback requirements and lot configuration. The only logical buyer then would be the adjacent property owner. The street could then be vacated and the property would be filled in. By vacating prior to a sale, the property would be enlarged to a buildable lot size and the original intent of the sale may not be met as a bidder other than the adjacent property owner may be successful. It was Mr. Redmond 's recommendation that the property be sold as nonbuildable pieces and then vacate the road. Book 25 Page 13 The Mayor then read Sill No. 4 by title only as follows: AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, THAT THE MAYOR AND CITY COUNCIL INTEND TO SELL THE FOLLO�KING DESCRIBED REAL PROPERTY OWNED BY THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; AND WHICH SAID PROPERTY IS SITUATED IN CANYON COUNTY, IDAHO; THAT SAID SALE IS MADE UNDER THE PROVISIONS OF TITLE 50, CRATER 14, IDAHO CODE; THAT SAID SALE OF SAID PROPERTY SHALL BE AT PUBLIC AUCTION AND SHALL BE SOLD TO THE HIGHEST BIDDER AND THAT NO BID SHALL BE ACCEPTED FOR LESS THAN T: €E APPRAISED VALUE; SAID PROPERTY BEING DESCRIBED AS FOLLOWS, TO -WIT When the Mayor asked if it was necessary to pass this Bill tonight, the City Engineer explained that the Bill was worded to be passed on the first reading. Mr. Redmond further said that sixty days have to elapse from the time the Bill is passed until the City has the capability of selling the property. A notice is to be published in the newspaper which gives the public an opportunity to halt the sale, It was then MOVED by Carter, SECONDED by Norman that the rule be suspended requiring the reading of a Bill at three separate times and that the Bill be read by title only. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Carter, SECONDED by Norman that Bill. No. 4 be passed and entitled Ordinance No. 1507. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (WINE LICENSE REQUEST - THE SHACK) The Mayor read the following letter from the Chief of Police addressed to the Mayor and City Council: La Rayne Cascino, 2/20/25, Route 1, Box 1132A, Nampa has made application for a wine license for The Shack, 3019 Cleveland Boulevard. A beer license pass been presviously granted and problems at the establishment are minimal. Pending issuance of county and state licenses and signature motorization on the application, there is no objection to issuance. There is no criminal record precluding her selling wine. MOVED by Raymond, SECONDED by Cowles that the wine license be issued as requested. MOTION CARRIED (BILL N0. 3 - TRAFFIC ORDINANCE) The Mayor explained that this Bill has been worked on for some period of time by the Police Department and has also gone through the City Attorney's Office. This Bill was a consolidation of traffic laws pertaining to the City of Caldwell. The Mayor then asked the Police Chief to briefly explain this Bill. Boole 25 Page 14 Police Chief Dormois stated that the new bill does not contain any duplication of State Law. Over half of the City Code dealing with Traffic Laws was repealed that duplicated the State Law. The Mayor further said that the sooner action was taken, the less problems the City would have with County charges. Councilwoman Mallea stated that she had not read the Bill as yet and would like to delay action until the next meeting. The Mayor then read Pill No. 3 by title only as follows- AN ORDINANCE REPEALING TITLE XI, OF THE CITY CODE OF THE CITY OF CALDWELL AS IT PERTAINS TO TRAFFIC REGULATIONS AND ENACTING A NEW TITLE XI ESTABLISHING TRAFFIC REGULATIONS: REPEALING ALL SECTIONS INCONSISTENT THEREWITH; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE,' APPROVAL AND PUBLICATION ACCORDING TO LAW. The Mayor then declared that this would be considered the first reading of Bill No. 3 and it would be considered at the next Regular City Council Meeting. (PRESENTATION OF ASSESSMENT ROLL - L.I.D. 83 - SET PROTEST HEARINNG) The Mayor called on the City Engineer to make this presentation. Mr. Redmond informed the City Council that the City Clerk has received a copy of this Assessment Roll and there was also a copy in the City Council. basket. He then read a portion of the report as submitted to the Council as follows: Submitted herewith is what is considered to be a proper assessment on the property in Local Improvement District No. 83 for your action. The assessment, herewith, amounts to $76,710.03. Attached is the L.I.D, 83 Assessment Roll which is made a part of this report. The roll defines each property by the name and the owner, the assessment number, the property description and the amount of the assessment. The total roll is $76,710.03. The total cost of the improvement was $93,312.57, of which $70,143.63 was assessed to the adjacent properties for street improvements, $6,566.40 was assessed to the adjacent properties for sanitary sewer ^' improvements and $16,602.54 was paid from City funds for street improvements within the street: intersections. Due to the favorable bids received for construction, all assessments were less than estimated at the time of passing the Resolution of Intention except for the assessmeat for the street improvement on Morrison Street where additional work was authorized by the owner. The assessments were determined as set forth in Section 3 of Ordinance 1652, the ordinance creating the District. The administrative costs were prorated to each of the assessed items for curb and gutter, driveway, roadway for each street area and sanitary sewer. Due to adverse weather conditions, the paving has not been completed on the two blocks of Nest Maple Street. The cost of paving was estimated and is included in the assessments to the properties adjacent for the street improvements on West Maple Street. Cleanup and rstoration of landscaping has not been completed on any of the streets. The paving and cleanup work are still under contract and will be completed by the contrctor when weather permits in the spring of 1984. Incorporated in the Assessment Roll book attached are maps showing the boundaries of the district and the identification of each property assessed. Mr. Redmond further pointed out the areas of the L.I.D. on a map for the City Council. Mr. Redmond also stated that once the Public Hearing was set, those people' involved will be notified of the hearing and what their' assessments will be before the time of the hearing. The recommendation was that the hearing be set for February 7th at 7:30 p.m. during the Regular City Council Meeting. The other item to be determined was the interest rate for the bonds. MOVED by Mallea, SECONDED by Raymond that February 7, 1984, at 7:30 p.m. be set as the Public Hearing date for the Assessment Roll. Book 25 Page 15 MOTION CARRIED MOVED by Mallea, SECONDED by Cartier that the interest rate be set at nine percent. MOTION CARRIED (DEE DS AND EASEMENTS) Mr. Redmond presented a warranty Deed to the City of Caldwell from Tony S_ and Gay Lane. Thise was for a fifteen foot strip of land on the Tony Lane property just South of R and B Market. They had asked for a zoning change and the City wanted provision to widen South Kimball if the need arose. Mr, Lane therefore granted fifteen additional feet across the front of his property. MOVED by Mallea, SECONDED by Cowles that the Warranty Deed from Tony S. and Gay Lane be accepted and the City Clerk be instructed to have the Deed recorded. MOTION CARRIED The second Deed was from the First Baptist Church of Caldwell. This was a Deed to the cul -de -sac off the end of Arlington that was now adjacent to the parking lot of the Baptist Church. Apparently when this was first written up, there was a neighbor in the process of purchasing the property. When the initial deed was requested, the person who had the power of attorney for the property owner did not want to give the City a Deed. They now want to clean up the situation. MOVED by Raymond, SECONDED by Cowles that the Deed from the First Baptist Church be accepted and the City Clerk instructed to have the Deed recorded. MOTION CARRIED (CATERING PERMIT) The City Clerk presented two Catering Permits for approval. Both were to be catered by The Corral, both on the 21st, one to be at the Owyhee Motor Cycle Races at the Fair Building and the other the Basque Dance at the Fieldhouse. The Chief of Police has submitted his approval and the fee was paid. MOVED by Raymond, SECONDED by Carter that both the Catering Permits be approved as requested. MOTION CARRIED (RESOLUTION ON A AIRPORT HANGAR LEASE FOR JERRY DOtiTEN) The Mayor read the following Resolution: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND JERRY DOwEN BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell as Lessors and Jerry Dowen as Lessee; and BE IT FURTHER RESOLVED That payments required therein be authorized subject to renegotiation every five years by the City Council, City of Caldwell. Councilman Carter commented that Mr. Dowen did attend the Airport Commission Meeting last week to request this lease for a building to house three aircraft. It was Councilman Carter's understanding that Mr. Dowen wanted to sell his buildings and Book 25 Page 16 therefore, would have to assign those leases which was provided for in the Agreement.. It was his recommendation that the Resolution be passed to allow this lease. MOVED by Carter, SECONDED by Mallea that the Resolution pass authorizing the execution of the Lease Agreement with Jerry Dowen. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RLAPPOINTMENT TO AIRPORT COMMISSION) The Mayor informed the City Council that Dr. Ring's term of office on the Airport Commission expired and he would recommend that the City Council approve his reappointment to this Commission. MOVED by Carter, SECONDED by Norman that Dr. Ring be reappointed to the Airport Commission. MOTION CARRIED (RESOLUTION - LEASE AGREEMENT WITH KENNETH DOUGLASS) The Mayor explained that this lease agreement was for a piece of land that the City bought some years ago to put a water tower on when the system was expanded. The rent for this lease was $1.00 a year which has been paid for the year. The Resolution was as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A LEASE BETWEEN THE CITY OF CALDWELG AND KENNETH I. AND DORIS E. DOUGLASS, HUSBAND AND WIFE. BE IT RESOLVED That the Mayor and Cleric of the City of Caldwell be, and the same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell as Lessors and Kenneth I. and Doris E. Douglass, Husband and wife, as Lessee; There was a rather lengthy discussion with regard to this lease. Councilman Raymond expressed some concern in the low payment for this lease and also discussed was the possibility of the City Engineer going out to take a look at the property. MOVED by Carter, SECONDED by Mallea that this item be tabled for one week. After more discussion, the motion was withdrawn with the approval of the second. It was then determined that the City Engineer would take a look at this property and report to the City Council at the next Council Meeting. ('FINANCIAL REPORT) Councilwoman Mallea reported that the Financial Report at this time consists of two parts. There was accounts receivable that are aging in the Water Department. The total amount of this was ' -- $510.79 and Councilwoman Mallea said that she would MOVE that these be turned over to a collection agency. SECONDED by Carter. MOTION CARRIED Councilwoman Mallea further stated that the Committee met and has reviewed the Requests for Payment. The Requests for Payment were in the amount of $168,147.54. In addition there was a gross Book 25 Page 17 payroll for the month of December in the amount of $202,568.24 of which $47,507.69 was fringe benefits. This made a total of $370,715.78. MOVED by Mallea, SECONDED by Norman that the checks be issued and the Requests filed in the office of the City Clerk. MO ".'ION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea stated that she would like to compliment the Water Meter Readers who have conducted their job in very adverse weather conditions. She also reported that a Library Meeting was held and various problems were discussed. In addition, Councilwoman Mallea also reminded everyone of McClure reception in Boise at the Elks on Thursday evening and that she had tickets available for the Basque Dance to be held the coming Saturday night. Councilman Carter reported that he attended the Airport Comission meeting the last Thursday. The Fixed Base Operator wants to remodel the Terminal Building for a snack bar. They were also discussing the possibility of having an airport recognition and appreciation day sometime in the spring. Councilman Norman stated that he met with the Finance Committee and was planning to attend the Stadium Board :Meeting the next day. Councilman Raymond stated that the Building Committee met and went over the plans. It seemed to be moving along. Councilman Cowles met with the Golf Board. They are attempting to put together a list of priorities for this year. He also attended the Historical Commission meeting and they were cleaning up their book work so as to Take a report to the City Council or, the Centennial Year. Councilman Cowles also stated that he attended the handicapped meeting and thoroughly enjoyed it. Councilwoman Marcus said that she also attended the Finance Committee meeting and would also attend the Stadium Board. She reported on the Seminar on Vicarious Liability for Public Adminstrators in Nampa. (MAYOR °S COMMENTS) The Mayor informed the City Council that he would ask for a motion from the City Council for the Council to convene into an Executive Session for the purpose of discussing legal matters. MOVED by Carter, SECONDED by Norman that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67- 23431, for the purpose of discussing legal matters. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED There being no further business, the meeting was adjourned at 8:20 o.m. APPROVED AS written T'SIS 7th DAY OF February , 1984, / E3ayor Book 25 Page 18 �� City C.e