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HomeMy WebLinkAbout1980-05-20city council minutesBook 21 Page 143 REGULAR MEETING May 20, 1980 7:30 P.M. The Meeting was called to order by Mayor McCluskey. 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: Williams, Mallea, Hopper, Carter, and Betts, Absent: Raymond. (APPROVAL OF MINUTES) The Mayor requested that approval of the minutes be delayed until the next Regular Meeting as they were not completed at this time due to the illness of the City Clerk. MOVED by Carter, SECONDED by Hopper to delay the approval of the minutes of the City Council Meetings until the next Regular City Countil Meeting. Roll call vote. Those voting yes: Carter, Betts, Williams, Mallea, and Hopper. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council at this time that was not on the prepared Agenda. Since there was none, the Mayor declared that the Meeting would continue as outlined. (ADDITIONS TO THE AGENDA) The Mayor asked permission from the City Council to add two items to the prepared Agenda. One was to authorize Alpha Engineers to proceed with the survey of the sewer extension and the second was a resolution of intent for a joint Caldwell Police and Sheriff's facility and permission to keep the item regarding the discussion on sidewalks to remain on the Agenda. MOVED by Hopper, SECONDED by Carter that permission be given to add the items as requested by the Mayor and to have the item on the sidewalks remain on the prepared Agenda. Roll call vote. Those voting yes: Hopper, Carter, Mallea, Betts, and Williams. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (DISCUSSION ON SIDEWALKS) The Mayor stated that, with Council approval, he would like to have the discussion with regard to sidewalks at this time as there was people present in the audience who were interested in this item. The Mayor then called on Mrs. Dietrick to present her views. Mrs. Dietrick was recognized and stated that the main problem she contacted the Mayor over was the sidewalks in the vicinity of the new senior citizen complex on Belmont Street. There had been a couple of people fall due to the cracks in the sidewalks. Inbetween the complex and Pollards, it was dangerous and she felt that everybody has walked that route at one time or another. A lot of the senior citizens go around this block to get to the little store which was a hand store for them and each time they walk this route they were taking a chance of falling. The Mayor explained that this has opened up something that the Council has been very concerned with for some time and the City has spent quite a sum of money having the City Attorney checking into the ordinance that now exists for the City of Caldwell, but also on a Book 21 Page 144 State level as to what the City was responsible for. The way the Mayor read it and the way it was :interpreted by the City Attorney was that the City of Caldwell has complete responsibility for the condition of the sidewalks. The ordinance stipulates that the property owner was the responsible factor, but the State and the Attorneys involved say that the City was responsible to :force those people to rebuild their sidewalks. Now, the City comes into that element of forcing somebody that floes not have sufficient money to do what they.request. There was a lot of the sidewalks in the area that Mrs. Dietrick was concerned with that everyone knows they do not have the money to spend to replace the sidewalks. It becomes not only a legal issue with the City, but also a moral issue. Councilman Hopper stated that lie would like to have those particular streets or walkways that were mentioned named so the Council will know what specific area was being talee d about. Mrs. Dietrick answered that it would be between Ninth Street and Kimball Avenue, and also Chicago Street and Belmont Street. On Chicago, it would be the side facing town; and in the eight hundred block of Belmont and also the eight hundred block of Chicago. It would be on the North side on Belmont. Councilman Hopper stated that it sounded like it was quite a large area and he wondered if some interest could be stimulated for a Local Improvement .District. Mr. Lewis, the City Engineer, explained. to the audience what would. be involved in instigating a Local Improvement District. The audience asked several questions with regard to the Local Improvement Districts. Councilwoman Williams made the suggestion that perhaps a Public Meeting could be scheduled to discuss the sidewalk problems. The Mayor stated that he felt action should be taken now. Next Tuesday noon the Council has requested that the City Attorney be present at the Council Meeting and he was notified that sidewalks would be discussed. The Mayor also requested that the 4° City insurance agent be here as well. He further invited any of those present at this meeting to be present at the next Tuesday noon official meeting. The Mayor further commented that this problem should be set aside as a project. In this particular problem, the City could :force the improvements, but if the people would do something voluntarily, it would be great. MOVED by Hopper, SECONDED by Williams that the sidewalk issue be added to the Agenda for the next Tuesday Regular City Council noon meeting. Roll call vote. Those voting yes: Hopper, Carter, Betts, Williams, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (DISCUSSION ON SUBLEASE OF PORTION OF HANGAR - TO ENGINE REBUILDING FIRM) The Mayor stated that he would like to bring this item up at this time as Bert Garland was present at the meeting for this discussion. Councilwoman Williams stated that she felt the Council was ready tf make a motion. on this item. Councilman Hopper stated that he would like clarification on one point which was who was to pay the power bill. IIe felt it should be of record that the Fixed Base Operator would be responsible for this cost. MOVED by Hopper, SECONDED by Williams that a favorable recommendation be given to the sublease as requested by the Fixed Base Operator. Roll call vote. Those voting yes: Hopper, Carter, Betts, Williams, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED Book 21 (WATER BILL COLLECTION POLICY) Page 145 The Mayor stated that he would like to have a committee appointed to draw up a policy on this issue. IIe further stated that he would like to be a member of the Committee and he would like to have Judy Subia a member and he would leave it up to the Council President to appoint anyone else she would like to have on this Committee. Councilwoman Williams stated that she would like to have Councilman Carter and Councilwoman Mallea to serve on this Committee. The Mayor read over the present policy for the Council's information. The Mayor further said that he felt that renter should be responsible if at all possible, but that the owner pay the bill if payment can't be collected!, from the renter. If the Committee decides on this policy, the Mayor said that he would like to see the renter's name on the bills along with the owners. The Post Office can't forward a final bill if it says occupant or the owner's name. The Mayor also said that he talked to the people in Nampa and they insist on the person wanting water service in their name, especially renters, to come into City Hall in person. Nampa also asks for two references, their phone number, and their place of employment. The Mayor said that he liked Nampa.'s policy and they were to send him a copy. Also, the Mayor suggested that if a renter or owner moves to another address in Caldwell, the water should be turned off at the new address if the old final was not paid after adequate notification. Further, set up a new file with the name of everyone that has a delinquent bill with the City of Caldwell. The Water Department would then check the file before allowing new service. The realtors should be educated and ask them to cooperate with the City when selling a piece of property. Another point would be to notify owner as soon as possible if collection can't be made from the realtor. The Mayor felt that if some of these ideas could be used that it would be much simpler for the Water Department to collect delinquent bills. (ADULT BOOKSTORE ORDINANCE) The Mayor said that to a small extent the Council had discussed the adult bookstore ordinance. The Mayor had, since the discussion, received a petition asking the City Council to take whatev er steps may be possible including zoning ordinances, or other means, to restrict or control establishments which offer pornographic magazines, books, or materials for sale. This request was on letterhead from the First Baptist Church and contained. forty -seven names. Councilman Hopper recommended that perhaps it would be wise for Caldwell's Mayor to meet with the Boise Mayor to discuss what procedures they had followed with regard to this. The Mayor stated that he had a copy of the Boise Ordinance and it eliminates these types of businesses by zoning only and does not ban them. It just zones them into a controlled area. NEW BUSINESS (RECOMMENDATION ON SUBDIVISION ORDINANCE AMENDMENT) The Mayor called on the City Engineer, Mr. Lewis, to discuss this recommendation. Mr. Lewis informeu the Council that the Planning and Zoning Commission considered tiie changes to the subdivision ordinance regarding industrial subdivisions at their meeting on May 15th. The Planning, and. Zoning Co=,isSion reco:n;nended that the City Council adopt an ordinance by adding certain language that altows for the City Council to determine the requi.re�rents for utilities and improvements in industrial subidivisions. Essentially, the ordinance stipulates that an 1.ndustrial Subdivision and the req'1iTements tzerefo,:e were entirely up to the City Council and t':-Le requirements to be sti.D Ulates! in the form of a written agreement. Mr, Lewis infor tole Council that thtere must be a two stage hearing process which means that the Council .mus tiow have a hea'r'ing before they can act. Book 21 Page 146 The Mayor subsequently set the Public hearing for June 17, 1980. (ACCEPTANCE OF ALLEY, TRACT J, MOUNTAIN VIEW SUBDIVISION) The Mayor again called on the City Engineer, Mr. Lewis, to discuss this item. Mr. Lewis informed the Council that Tract J was located in the Mountain View Subdivision. The Southern one hundred thirty and some feet was proposed to be developed in multiple living units. It was intended to be such that each living unit can be sold and the land both front and back. They would rather have the carports in the back with access from an alley rather than from Locust Street which was to the front. Since they were attempting to achieve no land responsibilities as far as all these owners were concerned; - ' the only way that could be maintained reasonably would be if deeded to the City. The alternatives were a P.U.D. which involves regulations of I I.U.D. and the V.A. and the other alternative was simply to put these carports in the front and set.the buildings back and have access from the front. John Wyman, the developer, was recognized and discussed the problem with the Council. at some length. I-Ie pointed out that they would like to have the alley paved and the carports in the back and request that the City maintain the alley. The Mayor questioned as to whether the owners could pay to the City for the maintenance of this alley as funds were not plentiful in the City at this time. Mr. Lewis stated that he had no idea how to cope with this type of policy. The Council discussed this at length and.Mr. Lewis stated that he could not see the F.I -I.A. permitting this sort of thing. Mr. Lewis pointed out several problems that would be caused by having the carports in Lack with access from the alley. Further discussion ensued as to possibilities of charging for the maintenar of this alley and how some kind of compromise could be reached. Mr. Lewis maintained that the legal way to collect this service fee was by bonding and Local Improvement Districts. Mr. Lewis suggested that the developer as], the F.H.A. if a fee that was assessed by the City of Caldwell was objectionable to them. The Mayor stated that he did not want to pursue this issue any further until the F.H.A. was consulted regarding a special assessment. The Mayor stated that the other item was that if they do enter into a. search. for the feasibility of this that the developer would share in the cost of attorney fees. He did not think that the City should pursue this for the developer's benefit unless they assume some of the cost. MOVED by Hopper, SECONDED by Williams that the City Council postpone the decision on the alley until the next Regular City Council meeting of until answers were received regarding the questions discussed at this meeting. Roll call vote. Those voting yes: hopper, Carter, Betts, Williams, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIER (RESOLUTION N0. 31 -80 - ESTABLISH CITY- COUNTY HUMANE SHELTER) The Mayor said that the next item of business was a Resolution to establish a City - County Humane Shelter. The Mayor read the Resolution in full as follows: RESOLUTION of Intent to establish City - County Humane Shelter BE IT RESOLVED THAT it is the intent of the City Council of Caldwell, Idaho to support the construction and use of a County wide humane shelter by offering the use of a site at the Caldwell Industrial Airpark for the building of the facility. It is the intent of the Council to offer the land as Caldwell's share of the joint use facility with other entities furnishing labor and materials for completing the structure. Book 21 Page 147 Details of operation and costs to be established by participating parties prior to the beginning of construction. MOVED by Betts, SECONDED by Carter that Resolution No. 31 -80 be passed establishing the City County Humane Shelter. Bert Garland, the Fixed Base Operator, was present and inquired as to whether the Council thought the jet traffic in the future would cause any physical damage to the animals. The Mayor answered that the facility in Boise was in the same general location and the noise did not seem to bother the animals. Roll call vote. Those voting yes: Betts, Williams, Mallea, Hopper, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (RESOLUTION NO. 32 -80 - JOINT USE OF COUNTY AND CITY FACILITIES) The next item on the Agenda was a Resolution of intent for the joint Caldwell Police and the County Sheriff facility. The Mayor read the Resolution in full as follows: Resolution of Intent for joint use of County and City facilities. BE IT RESOLVED That it is the intent of the City Council of Caldwell, Idaho to enter into a joint agreement with the Board of County Commissioners of Canyon County, Idaho to jointly share facilities at the Canyon County Courthouse for the mutual benefit of the Caldwell Police Department and the Canyon County Sheriff's Department. Details of cost and equipment sharing to be completed by the two agencies and submitted to the Council and Board for approval. The target date for combining the two departments is established as October 1, 1980. MOVED by Betts, SECONDED by Williams that Resolution No. 32 -80 be passed establishing the joint use of the Canyon County Courthouse for the benefit of the Caldwell Police Department and the Canyon County Sheriff's Department. Roll call vote. Those voting yes: Betts, Williams, Mallea, Hopper, and Carter. Those voting no: none. none. Absent and not voting: Raymond. MOTION CARRIED (EXTENSION OF SEWER SURVEY FOR LINES EAST OF CALDI-- 1rELL) Mr. Lewis was recognized and stated that he would suggest that the authorization read as follows: Authorize Alpha Engineers to proceed with the survey and related topographic work for the Southeast interceptor project under the A/E Agreement to not exceed $10,000. Councilwoman Mallea asked if there was a completion date with regard to this survey. Mr. Lewis answered that the construction period for the sewer has to be from November to April as this was the off irrigation season. Mr. Lewis staged that the more he s =es of this kind of project the more he realizes that the City has to spend monies to get ready for the job before the grant will be given to the City. To get this project going by the lst of October, means that the City will have to get busy and authorize to do the rest of this work in anticipation of getting the grant on October lst. Otherwise, it will be the winter of 1981 -82. Mr. Lewis said he felt that the City should go ahead with this. Alpha Engineers will have to have this job ready by October lst if the project was to be done this year. Mr. Lewis felt that Alpha Engineers had too much to lose to not proceed as they were gambling on this particular area hoping to get the whole thing. MOVED by Hopper, SECONDED by Williams that the recommendation of the City Engineer be accepted that the City Council authorize Alpha Engineers to proceed with the survey and related topographic work for Southeast interceptor project under the A/E Agreement and not to exceed $10,000.00. Book 21 Page 148 Roll call vote. Those voting yes: Hopper, Carter, Betts, Williams, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (DEEDS AND EASEMENTS) The City Engineer presented an easement from McDonalds for an easement along Linden. It was his recommendation that the City Council accept the easement alone; Linden from McDonald Corporation and that the City Clerk be authorized to record the easement. MOVED by Carter, SECONDED by hopper that the easement from McDonald Corporation be accepted and that the City Clerk be instructed. to .record the same. -- Roll call vote. Those voting yes: Carter, Betts, Williams, Mallea, and Hopper. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (FINANCIAL REPORT) Councilman Betts reported that the Finance Committee met and reviewed the financial report for the month of April. There was pre - writes totalling $I,83,141.06; Warrants in the amount of $190,690.55; making a total of $373,830.61. There was a payroll in the amount of $162,739.73 of which $3S,641.19 was fringe benefits. MOVED by Betts, SECONDED by Williams that the financial report be accepted and that warrants be issued for all bills and the Requests for Payment filed in the City Clerk's Office. Roll call vote. Those voting yes: Betts, Williams, Mallea, Hopper, and Carter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams reported that the open investment program started January 24th and at the end of April the City has earned $41,817.30. She also reported that she did attend the Senior Citizen's Board Meeting. Councilwoman Williams also reported that the Canyon County Organization on Aging was very much in danger of not bein funded this year. Councilman Betts announced that there would be a Finance Meeting on. Thursday, the 22nd at 4:30 p.m. IIe also reported that he attended the Fruitland Parade get together and enjoyed it. Councilwoman Mallea reported that Jan Bequeath called her and a §.ked if anyone was going to Butte with regard to I4istorical Preservation. She also reported that she attended the Parks and Recreation Commissi.e at the first of the mon.th and they were going to suggest that the Swim and Diving Club collect the money which was their share to the City and that they will make a resolution regarding this and present to the Board. They have felt that for some time that the money was not being paid to the City. She wanted the Council to know that this Resolution was forthcoming. Councilman Carter reported that both he and Councilman Betts attended the Golf Board Meeting and everything seems to be going along fine. Keith Stanwood also stated that he would take care of those members Book 21 Page 149 who have not paid for their golf storage. He also reported that the Historical Commission was very active and moving right along. There being no further business, the Meeting was adjourned at 9:15 p.m. APPROVED AS written THIS 3rd DAY OF June , 19 80 Cou m C 'n i o n ilman ATTEST: L f°. , City Clerk ouncilman