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HomeMy WebLinkAbout1986-04-07city council minutesBook 27 Page 60 REGULAR MEETING April 7, 1986 7:30 o.m. The Meeting was called to order by Mayor Cowles. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the f0l!C)Winq members present: J. Carter, L. Carter, Mallea, and Marcus. Absent: Raymond and Marmon. (.APPPOVAL OF MINUTES) M�OVED by J. Carter, SECONDED by L. Carter to dispense with the reading of the minutes of the march 17, 1-986, meeting and approve them as written. MOTION CARRIED (AUDIENCE 2ARTICIPATI0'.1) The Mayor stated that he received a request from Mr. Art Honey to address the City Council at this time. Mayor Cowles then introduced Mr. honey to the City Council and asked him to come forward. Mr. Honey presented to the City Council a petition signed by ten people. The petition stated: We, the undersigned request that the stop sign be replaced at the corner of Fifth Avenue and Kearney Streets to control the East-West traffic. Since it's removal, there has been one fatality and several thousand dollars in damage due to speeding vehicles. A dust hazzard is ever present and the children on that street are in danger of injury. This has become a major thoroughfare from Luby Park to Centennial Way. It is posted twenty MPH but unenforceable without a fulltime policeman. Mr. Honey stated that last October the stop sign was removed after being there for more than twenty years. Normally, there was a four way stop sign placed there. He was told that a city employee made the decision to remove the sign because he felt that the street and traffic pattern had changed making the stop sign not necessary. The removal was not cleared through the Police Department, the Fire Department, or the Engineering Department. Since that time, there has been numerous accidents and a great deal of damage. The request at this time, stated Mr. Honey, was for the City to put a four way stop sign at that intersection. The traffic would increase now with summer coming, the dust was terrible and there was not a chance of the street being paved due to lack of funds Mr. Honey also said that he talked with the Police Chief about the request. It was their request that the City Council please give this consideration. Or-D BUSINESS (BILL NO. 5 - FRANCHISE ORDINANCE VJITH INEERMOUNTAIN GAS) The layor explained that this was the Bill that was passed some time ago and then repealed due to the fact that the City was unaware that legally the Bill had to be published in the paper for public purusal before passage. A month's time has to be allowed after the publication for any input from the public. A month has now passed since the publication and the Mayor stated that he would now ask for action from the City Council on the Bill. Boolc 2 7 Page 61 Mayor Cowles then requested that Councilman J. Carter read Bill No. 5 by title only as follows: AN ORDINANCE OF THE CITY OF CALD'NELL, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY (30) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE- A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STRE,]",TS AND ALLEYS, AND RULES GOVERNING 'THE SAME; SUBJECTING THE, GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES GOVERNING REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE Tf,RM OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT Of INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURPISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS JTITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGRT. NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; SETTING FORTH CITY'S RIGHT TO ADDITIOHAr, PAYMENTS; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. It was then MOVED by Mallea, SECONDED by J. Carter to dispense with the rule requiring the reading of a Bill at three separate times and that Bill No. 5 be read by title only for the one reading. Roll Call vote: Mallea, Marcus, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: Raymond and Marmon. MOTION CARRIED MOVED by Plallea, SECONDED by J. Carter that Bill. No. 5 be passed and entitled Ordinance 1 4o. 1720. Poll call vote. Those voting yes Mallea, Marcus, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: Raymond and Marmon. MOTIODl CARRIED NEW BUSINESS (LETTER OF RESIGNATION FROM HISTORICAL COMMISSION) The Mayor read the following letter addressed to the Mayor from David G. Dorsey: I have served conti.nuous an the Board of the Caldwell Historical Preservation Commission without a break. I feel that I have served long enough and for various personal. reasons, I am tendering my resignation effective as of March 15th, 1936. I feel that it has been an opportunity to help in a small. way to help instrument this organization and to try to do my part in gathering historical information and documenting it so that it may be used by citizens of Caldwell in the years to come. It has been a pleasure to work with the various officers and members of the Board throughout these several years. MOVED by L. Carter, SECONDED by J. Carter to accept the resignation of Mr. Dorsey from the Historical Commission and that a letter of thanks be sent to him_ MOTION CARRIED Book 27 Page 62 (REQUEST BY BOB CARPENTER FOR LEASE FOR PARKING ON TENTH STREET OVERPASS FIGHT OF 3dAY) The Mayor requested that the City Engineer present this request to the City Council. Mr. Redmond informed the Council that Mr. Carpenter called with regard to the possibility of renting a space underneath the Tenth Street overpass. The area was adjacent to his parking lot and he would like to fence it off in order to clean up the area. Apparently, there was a number of people who use that Particular point to cross the railroad "racks and the security fence now there has been cut. There was a dual Purpose to the request: additional space and a opportunity to put up the security fence and clean the area up. The area would proviae approximately twelve Parking spaces. At this time, Mr. Carpenter wanted to present the request to the Council to deter their feelings about the proposal. If the Citv Council decided that it was a feasible request, the cost would be discussed. MOVED by Mallea, SECONDED by L. Carter that the City Engineer be allowed to proceed towards the implementation of this request. MOTION CARRIED (PRELIMINARY FINAL PLAT OF BEECH ADDITION) Mr. Redmond was recognized to present the preliminary final plat of Beech Addition. Mr. Redmond informed the City Council. that this was a plat for Mr. Gary Lasher. The plat was for seven lots and Mr. Redmond pointed out the area on the map for the benefit of the Council. This was pursued as a n short plat because most of the improvements are in. The Engineer's report was as follows- The plat consists of one tier of seven lots fronting on a two block area along Beech Street west of South Florida Avenue and North of Starlight Park Unit I. Beech Addition is being presented as both the Preliminary and Final Plat because most of the utilities and improvements are already in. The zoning is R-2 Medium Density Residential which permits one, two, and three family dwelling units. With regard to lot dimensions, they all exceed minimum requirements. There is an existing eight inch line in Beech Street; however, the street will have to be cut to provide for services. Southeast interceptor fees shall be required on all lots as they develope. Eight inch water line were installed Previously in Starlight Park Unit I. The street will again have to be cut for individual services. There is an existing fire hydrant on the corner of Beech and Florida; however, the Fire Chief recommends that a new hydrant be installed an the west end of Beech. An irrigation plan must be prep I ared and approved by Pioneer Irrigation District. All irrigation districts must be perpetuated or tiled. They provided an utility easement along the 'back lot lines for irrigation. Beech has been improved with curb and gutter and Paving. Sidewalks are required on Beech and Florida adjacent to the plat. Florida will be widened and approved adjacent to the Plat and in accordance with the half street policy. Mr. Lasher wants to pursue an L.I.D. and actually do Florida all the way to the intersection of Cherry. Stubouts are to be provided for future street lights and a temporary cul-de-sac has been Provided at the west end of Speech subject to future plans For the extension of Beech. Mr. Redmond further stated that the Planning and Zoning Commission has recommended acceptance of this Preliminary and Final Plat subject to the Engineer's report. There was a number of questions presented by the City Council and a lengthy discussion ensued. It was the Ma ' vor's recommendation that the City Council table this decision until the next City Council Meeting so the concerns could be addressed. Book 27 Page 63 MOVED by L. Carter, SECONDED by Mallea that the Preliminary and Final. Plat of Beech Addition be tabled until the next Meeting and that Gary Lasher be asked to attend that meeting to answer the various questions. MOTION CARRIED (AGREEMENT WITH UNION PACIFIC RAILROAD) Mr. Redmond, the City Engineer, explained that the purpose of this Agreement with Union Pacific Railroad was to allow the installation of a water line that would tie into the back of Happy Day ford area and Well No. 13. It would be coming back towards town to Ustick and then crossing the tracks at Ustick. Gary Lasher was pursuing a mobile home park development across the tracks and needs water service there along with sewer service ultimately. This Agreement will cost about $400 a year to the Railroad for the encroachment. The Mayor read the Resolution as follows- RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE UNION PACIFIC RAILROAD FOP, WATERLINE CROSSING. BE IT RESOLVED That the Mayor and 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 the Union P +acific Railroad for a waterline crossing at Ustick Road. MOVED by L. Carter, SECONDED by J. Carter that the Resolution authorizing the Mayor and City Clerk to execute the Agreement with the Union Pacific Railroad. Councilwoman Mallea staged that she would like to have the Agreement state that an adjustment in the rental can occur when both parties agree to it and that this change be made a part of the motion_ It was agree by both Councilman L. Carter and J. Carter that the motion include this statement. Roll call vote. Those voting yes: L. Carter, Mallea, Marcus, and J. Carter. Those voting no: none. Absent and not voting: Raymond and Marmon. MOTION CARRIED (AGREEMENT WITH BUREAU OF RECLi'mATION) Mr. Redmond informed the City Council that this Agreement was with the Bureau of Reclamation for the purpose of using the right of way of the Notus Canal to install a sewer line. This Agreement will not cost the City any money and allows the City to use the B.O.R. right of wav to install the line. This would be the one to serve the East Canyon hill area. The Agreement was favorable and he would recommend that the City Council. approve i t . The following Resolution was then presented by the Mayor: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE BUREAU OF RECLAMATION. BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be, and the same hereby area, 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 the Bureau of Reclamation for the purpose of constructing, operating, and maintaining a ten inch sewerline along and within the right of way for the Project waterway known as the Notus Canal. Book 27 Page 64 MOVED by Mallea, SECONDED by J. Carter that the Resolution be passed authorizing the execution of the Agreement with the Bureau of Reclamation for the use of the right of way. Roll --all vote. Those Voting yes: Mallea, Marcus, J. Carter, and L. Carter. Those voting no: none. Absent and not voting: Raymond and Marmon, MOTION CARRIED (DEEDS AND EASE Mr. Redmond presented a Deed from James F. Jennison to the City of Caldwell for a portion of right of way for Shaver Street. The easement was for a portion of City sewer. This was a portion that will tie into the sewer that Mr. Norman Rutzen was constructing. It will serve a portion of the lots of Tinnin Lane. The easement was submitted by Rano and Sarah Sullivan. MOVED by J. Carter, SECONDED by L. Carter that the Deed and Easement be accepted as Presented by the City Engineer and the City Clerk instructed to have them recorded. MOTION CARRIED (ACCEPTANCE OF AUDIT) The Mayor requested that the Finance Chairman, Councilman J. Carter, address this item on the Agenda. Council-man J. Carter reminded the City Council that the auditor gave his report on the City audit for the fiscal year, 1985. Councilman J. Carter stated that he would MOVE, and it was SECONDED by Marcus to accept the audit as was presented. MOTION CARRIED (SET TIM, AND DATE FOR TOWN HALL MEETING) The Mayor eXDlained that he would like to discuss the possibility of having a `"own Hall Meeting for the Purpose of discussing a Pressure Irrigation L.I.D. The City has received input from various sources, but it was felt that the citizens of the community should be given an opportunity to express their concerns he tentative time woild be Anril 30th, but no location has been decided on. The time certain and the place would be announced as soon as determined. (COMMITTEE REPORTS) Councilwoman Marcus reported that she attended the Library Board meeting Discussed was the Tenth Anniversary of the Library being in the new building. There was several. programs scheduled to celebrate this event. Non-resident fees for Library use was increased to $25.00 and the Senior Citizens will increase to $15.00, Councilwoman Marcus also attended the Vaudeville Meeting and the Parks and Recreation Meeting. Councilwoman Mallea stalled that she attended the Stadium Board Meeting. There was a lot of discussion regarding the management of the Fair Building and the proposed Wally Byam Pre-Conference to be held here in June. (MAYOR'S COMMENTS) The Mayor said that he would like the City Council to give some consideration as to a Possible appointment to the Historical Commission. The monthly reports from the various Departments in the City were in the Council member's boxes for review. Mayor Cowles also congratulated the Staff for their hard work the last week due to several being on vacation. Book 27 Page 65 Councilman J. Carter reported that he attended the Northwest Combined Conference of Airport Executives in Jackson Hole. tie did not feel that it was as good as prior years as many of the speakers could not get into Jackson due to storms. Councilman J. Carter also reminded the City Council of the Senior Citizen's potato bake this next weekend. Councilman J. Carter also stated that he had a written opinion from the City Attorney on two questions the Council asked him to obtain. One was regarding leases of real City property and the other on the City irrigation system. (EXECUTIVE SESSION CALLED) Councilman J. Carter stated that pursuant to Idaho State Code, Section 67- -2343, he would MOVE and it was SPCONDED by Marcus that after the regular business is completed, the City Council convene into an Executive Session for the purpose of discussing Land acquisition. Roll call vote. Those voting yes: J. Carter, L. Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Raymond and Marmon. MOTION CARRIED There being no further business, the Regular City Council Meeting was adjourned and the Council convened into an Executive Session which was adjourned at 8:45 p.m. APPROVED AS w ritten April , 1986. THIS 21st DAY OF Co n J 10 , 11 per s Councilperson ATTEST: -� I City C1