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HomeMy WebLinkAbout1982-02-23city council minutesBook 23 REGULAR MEETING February 23, 1982 12:00 Noon The Meeting was called to order by Mayor McCluskey. Page 59 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: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Absent: none. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Dee Naumann was recognize d and informed the Mayor that she did have something that she would like to present to the Mayor and City Council for their consideration. This was something that she felt was very important and others in the City of Caldwell had expressed the same feeling; this was to have a Caldwell Beautification Month_ There was various,areas in the City of Caldwell such as sidewalks, curbs and gutters, old trees and etc., that were in disrepair. There was some citizens in the City who could not afford to have these repairs taken care of such as senior citizens or low income families. Her proposal, with the Council and Mayor's blessing, was that advertisement be secured from various resources to have some type of a contest. Donations could be solicited from various civic organizations and City Fathers to go towards a prize. The organizatior that could prove to a team that they have done the most for the City would receive the prize. Mrs. Naumann mentioned that there was some vacant lots that with the wet winter would become a fire hazard and there was also a great number of old car bodies in some areas. Those who would like to have work done during this month, but do not have the money, could hire one of these: organizations to do it. She was also proposing at this time that perhaps the City could be a little bit lenient on the building permit: requirements. By this, she meant projects such as repair of a driveway that was done under City specifications. No big of construction would be given the same consideration. Mrs. Naumann further said that this type of project was done in a town where she lived many years ago.and it was such a success that they have been doing it every year. It was her suggestion that perhaps some of the organizations in the school system could be interested in earning some money in a project of this type as well as being interested in making their City look much better. Mrs. Naumann further said that she would be glad to be the head of this Committee and do the advertising. One of the people she would propose to be a judge.on the project would be the Governor of the State of Idaho or some of his staff. The Mayor informed Mrs. Naumann that it would be possible to tie this project in with the City's spring cleanup that was held every year. The City was still planning to have this clean up time even though the Street Department was going to be very busy with the roads this Spring due to the bad;: weather. The Mayor said that he would be very willing to help in whatever way he could. He would ask the City Council how they felt about the proposal. Councilman Cowles was recognized and stated that he would like to commend Mrs. Naumann for coming to the City Council with a concern of this nature. He could see a tremendous need to utilize some of the volunteer resources the City has. He felt it was a good idea and would certainly support such a program in any way he could. The Mayor said that he would like to see Mrs. Naumann work in conjunction with the City as he felt the City could help her to some extent. It was then MOVED by Betts, SECONDED by Cowles that Dee Naumann and the Mayor get together and coordinate this - project:in conjunction with the City's Clean Up time this Spring and report back to the City Council on their progress. MOTION CARRIED Book 23 Page 60 OLD BUSINESS (SECOND READING OF BILL NO. 2 -- ZONE CHANGE) The Mayor stated that the first item under Old Business was the second reading of Bill No. 2 which was the zone change for Joe Frost on South Kimball. The Mayor read the Bill by title only as follows: AN ORDINANCE CHANGING_THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R-1-LOW DENSITY RESIDENTIAL. ZONE TO R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL ZONE AND DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF TIIE CITY .OF CALDWELL.,:IDAHO: REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS I:N CONFLICT HEREWITH. The Mayor then declared that this would be considered the second - reading of Bill No. 2. (BILL NO. 4 - VACATION OF HALSTEAD STREET) The Mayor explained that he would, read by Title only Bill No. 4 with regard to the vacation of Halstead Street: AN ORDINANCE RECI%1NG PETITION,FOR.VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT The Mayor asked if Mr. Lewis would care to make any explanation with regard to this Bill.. Mr_. Lewis explained that when the Council received the final copy there would be some additions requested by the City Attorney. The City. Attorney wanted everything in the Bill that was to be conditions on the vacation and that section was redone this morning. Mr. Lewis would ask the City Council to take particular note of that portion-to see if what was stated was the intent of the City Council. Oouncilwoman Mallea asked Mr. Lewis if one of the conditions was that the vacation will not become operational until the building permit was issued. Mr. Lewis said that the City Attorney advised them to put this in the Ordinance so it was included in Section E. The number of months was left blank, so consideration would have to be given as to the amount of time to be stated in that Section. The Mayor stated stated that he had suggested doing this in another manner which he assumed was not acceptable. This was to go ahead with the Bill, but in turn have an Agreement signed by Mr.. Weitz stipulating that in the event he did not build on this property withir a certain time, he would deed it back to the City of Caldwell. Mr. Lewis suggested.that if this was.to be the first reading, that the City Attorney look at the proposed Bill again. Councilman Raymond.stated that he would prefer that this be considerec the.first reading and then give further consideration to some of the items mentioned by Mr. Lewis. The Mayor then stated that this would be considered the first reading of Bill No..4.and..that the Bill be sent back to the City Attorney for his further suggestions. (DECISION FROM STATE OF IDAHO TRANSPORTATION DEPARTMENT REGARDING TENTH AVENUE) The Mayor stated that he would not read..this letter as he was sure that the City Council was aware that the State was going to give that portion of Tenth Avenue from the Freeway to Cleveland Boulevard back to the City of Caldwell.,. The Mayor stated that the final line of the letter - stated that., ° the f ©2�egoing shall be based on a completion of a road closure and:maintenance' agreement detailing conditions to be satisfied prior to the effective date of the Systems Action to be taken." Book 23 NEW BUSINESS Page 61 (BILL NO. 3 - ORDINANCE NO. 1615 - BONDING ORDINANCE ON L.I.D. 81) The Mayor read Bill No. 3 by Title only as follows: AN ORDINANCE PROVIDING FOR THE SALE AND ISSUANCE OF BONDS FOR FOCAL IMPROVEMENT DISTRICT NO. 81 FOR THE CITY OF CALDWELL, IDAHO: PROVIDING FOR THE PAYMENT ANI) COLLECTION OF SPECIAL ASSESSMENTS LEVIED IN SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE HANDLING OF FUNDS RECEIVED FROM SPECIAL ASSESSMENTS AND THE CREATION AND ENFORCEMENT OF LIENS IN CONNECTION WITH THE SALE AND ISSUANCE OF BONDS; PRESCRIBING DETAILS CONCERNING THE.FOREGOING; PROVIDING FOR REASSESSMENT OF ASSESSMENTS AND THE REISSUE OF BONDS; REPEALING CONFLICTING PROCEEDINGS; ORDERING PUBLICATION; PROVIDING IRREPEALABILITY; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. Mr. Lewis explained to the City Council that the bond schedule was arranged so that by the tenth year $55,000 of the $80,000 in bonds would be callable. MOVED by Raymond, SECONDED by L. Carter to suspend the rule and pass this Bill on the first reading. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Raymond, SECONDED by L. Carter that Bill No. 3 be passed and entitled Ordinance No. 1615. Roll call vote. Those voting yes,: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PAYMENT TO MR. HAGER) The Mayor explained that this was a payment that the City Attorney requested be approved at this meeting. It was for counsel for the Stewart easement proceedings and the Mayor informed the City Council that he did not know the exact amount. The City Engineer stated that he thought it was in the neighborhood of about $1,800 and Councilman Raymond agreed that it was just under $2,000. Several members of the City Council said that they would prefer knowing the amount before approval was given. The Mayor stated that he thought it was part: of the project and did not understand why it should be brought before the City Council for approval anyway. It was then MOVED by Raymond, SECONDED by Betts that the Mayor be authorized to determine the specific amount due Mr. Hager and the check be drawn. (LETTER ON CAT CONTROL) MOTION CARRIED The Mayor read the following letter addressed to the Mayor's Office from Leon Search: I was in your office on Tuesday the 16th, inquiring about the City's dog laws_ You stated that the reasonr'for. the dog license was to cover cost of control and damage that dogs cause. A small dog causes no more damage than a cat yet there are no restrictions on cats. It would seem only fair that the bigger the dog the more the license fee, just like on big and small trucks. If small dogs need a license and control, so do cats. Answer requested. Book 23 Page 62 The Mayor stated that lie brought this before the City Council for information. Councilman L. Carter asked if this gentleman wanted the City to consider a cat control ordinance. The Mayor said that he was sure that was what he was hoping for, but he did not know of any City that had such an ordinance.. The Mayor stated that he would think that the City Council might determine that it was absolutely an impossibility to enforce and advise him accordingly. Councilwoman Mallea informed the.Mayor that she..would like to take this item under advisement and relegate it to the.proper committee to report back to the City Council. It was then MOVED by Mallea, SEC.ONDED.hy Raymond that this.item ' be taken under advisement and relegated to the proper committee to be appointed at a future date and they would report back to the city Council. MOTION CARRIED The Mayor then stated that he would appoint Councilwoman Mallea and Councilman Raymond:on.this Committee. The Mayor further said that this would be on the Agenda for the next Regular Meeting. (CI'T'Y OWNED STREET LIGHTS) The Mayor asked the City Council and the City Engineer. if they had received copies of this letter. The City Engineer informed the Mayor that he had not looked over the information as yet due to the lack of time. The Mayor explained that there was some street lights that the City owned and the Idaho Power wants to replace them. The main reason was because the lights were:old and there was no replacement bulbs for them. The Mayor thought that the City Council should look at this closely. (LETTER FROM JUDGE MILTON BIRNBAUM) The Mayor read the following letter: On the 17th day of February, 1982, I noticed water coming up from underneath the pavement: on the alley between Cleveland Boulevard and Dearborn Street, Caldwell, Idaho, right off 16th Avenue. I call the police who stated that..they would notify the Water Department. Upon my return to my home at 12:00 noon, I noticed the water bubbling up with undiminished force and again called tl police. At 1:OO p.m. I went.down to the police station and in my presence they called the Water Department who stated that it was irrigation water leaking out. I protested and said that I did not think there was any irrigation, water in the pipes at this time of the year and would they have someone come out and examine the situation. Upon my return.home at 5:00 p.m.,..the water.was_ still coming forth. Finally, I was able, to get Mr. Bethel who is your irrigation supervisor to come out. I had notified Mayor McCluskey of this and the following morning, February 16, 1982, he advised me that Mr. Bethel had told him that water had seeped into the irrigation pipes, had frozen and during the thaw the pipes broke and water was forced throughthe .breaks. It appears that the action of the water has cracked, the parking in front of my, driveway and it has also.inundated my garage. I do not know.how much the dam.age.will be but I have notified my insurance agent, Mr. Max Lewellyn, who indicated that this letter should be sent to you, so that you will have notice if a possible claim is filed. Thank you very much for your attention to this claim. Book 23 Page 63 The City Engineer informed the Mayor that one of his staff did look at this problem, but did not check out the driveway. The Superintendent of the Irrigation Department did say that the leak would have to be repaired when the weather permits. Mr. Redmond further said that he did not believe that the water had anything to do with the crack in his driveway. This could have been caused by a frost heave. The Mayor then stated that he would turn this item over to the Insurance Committee in conjunction with the Engineering Department. (MAYOR'S COMMENTS) 1. Letter from Commissioners. The Mayor read the following letter from the Commissioners: Canyon County Commissioners Carlos E. Bledsoe and Del Hobza will be hosting a reception in honor of Commissioner Gerald Jensen who is resigning his office effective March 15, 1982. Hope you can join us. Date: March 11, 1982 - Thursday Time: 3:00 p.m. - 6:00 p.m. Place: Main Floor Meeting Room of the Courthouse 2. Letter from Employment Bureau. The Mayor then read the following letter addressed to the Mayor: I want to take this opportunity to personally . invite you to an Open House of the Department of Employment's new consolidated Canyon County Job Service. office_ The Open House will be held Thursday, February 25, 1982, at our new facility in the Happy Day Business Center on Nampa -- Caldwell Boulevard, beginning at 2:00 p.m. We are proud of the new facility and want you to have a chance to tour the office, observe the new equipment we have installed, and to ask me any questions you might have about Job Service. This will also give you an opportunity tomeet and get acquainted with our professional, top -notch Canyon County staff. I hope you will be able to join with us next Thursday afternoon. We are all looking forward to your visit. /s/ Scott B. McDonald 3. Change in Meeting place for City Council. The Mayor informed the City Council that the next Council Meeting on the 2nd of March would be held at the Senior Citizen's Center at 7:30 p.m. He was hoping to have a brief: meeting and then have the Basque Appreciation Meeting at about 8:30 p.m. The Mayor also stated that the noon meeting on March 2nd will also be an Official Meeting so that some of the business could be taken care of at noon. In this way, not as much time will be necessary for the night meeting. 4. Letter from Idaho Health Systems Agency. The Mayor:•• °_: nformed the :Council that he received a letter from the Idaho Health Systems Agency stating that they were seeking nominations for membership. The Mayor requested the Council members to notify him if they were interested in being a member of this group or if they knew of anyone they would care to suggest for membership. 5. College of Idaho Student Body was looking for a project to do for the City of Caldwell. If any of the City Council members could think of a project, he would appreciate their suggestions. There was a possibility of one in connection with the Engineering Department. 6. The Mayor requested that members of the City Council read the copy of the article he distributed to them with regard to the dispute over the Boise Project power plan. 7. Personnel Policy. Mr. Redmond informed the City Council that generally there was agreement with regard to the language in the Book 23 Page 64 proposed personnel policy. There was one question that was not yet resolved which was with regard to the duration of the probationary period. Initially, it was to be six months and in talking with Nampa it was ..found that their period.was set at one year. If an agreement could be reached on thCs.one issue, the Policy could be put in final form and the City Attorney review it. Some discussion followed with regard to the Policy. It was determine that the Policy would be put in a final form and sent to the City Attorney. The Council would receive updated copies of the Policy and it would be brought to the City Council at the next meeting. 8. The Mayor reported to the City Council that a bill for $55.00 was received from the County for the prisoners. (COMMITTEE REPORTS) Councilwoman Mallea reported on the.Crime Stopperls Committee that met that morning. They have arranged to have a form for each Captain in the designated .. neighborhoods_ to - submit to the Police Department. The reason for this was to do ,a background investigation on those who will be the Captains. The A;kticles of Incorporation and the Bylaws will be ready for appi =oval at their next meeting. Councilman Raymond reminded the City Council that at 12:30 on Thursday was the Dairymen's meeting. He had been requested.to let them know how many of the Council members planned to attend and he would ask the Council to please let him know so the county could be submitted. Councilman Cowles stated that the Historical Commission was to be in attendance at the City Council Meeting at noon on .Tuesday. A short report was given by Mrs. Robison with regard to the Planning and Zoning Commission Meeting. (SEWER CHARGE PRESENTATION) Mr. Phil Leahy made a rather lengthy report to the City Council regarding the sewer charge study that was being conducted by the City of Caldwell at thi,s.time. After the presentation, it was determined that a public hearing would be established or a work - shop as was done with the water charge study that was recently completed. Twelve people from the public and from different -- catagories would be selected to attend the meeting. Mr. Leahy also informed the City Council that the first draft on the Water Ordinance was prepared and he would have it ready for Council action in the near future. There being no further business, the Meeting was adjourned at 1:30 p.m. APPROVED AS written THIS 2nd DAY OF March 1982. ATTEST: City C16t'k-"