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HomeMy WebLinkAbout1982-05-25city council minutesBook 23 Page 152 REGULAR MEETING May 25,:1982 12:00 Noon 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: L. Carter, Mallea, and Betts. Absent: Raymond, J. Carter, and Cowles. The Mayor pointed out that the City. Counail.:Meeting was _ unofficial at . this point due to . a - lack. of a- Quorum .so . would discuss just those items that did not require any official action. NEW BUSINESS (NAMPA - CALDWELL PUBLIC RELATIONS OFFER - PAT MALLEA) The Mayor stated that they could discuss-this item on the Agenda and asked Councilwoman Mallea to explain to the City Council this offer. Councilwoman Mallea informed the other City Council members and -.the Mayor that she.heard on the.radio that,;the.City.of .Nampa was developing their new City Hall and were going 'to.have.to remove all cf the trees due to the fact that they were diseased. It was Councilwoman Mallea's suggestion that since.the.City of Caldwell was Nampa's >sister City, they donate at least two trees towards their redevelopment. She was not sure if the City of Caldwell still had :their forestry and if there was trees available. The Mayor stated that they did have some trees that could be moved. He also said that Councilwoman Mallea had suggested _a plaque be presented along with the trees.:..It. was the Mayor's suggestion that the City of Caldwell check on the price of engraved tablets as he did not think the tablets would be quite as expensive.. It was agreed by the City-Council,.that Councilwoman Mal -lea contact the City of Nampa to see what kind of trees they would like to have. Councilwoman Mallea als.o.questioned as to whether the City was still planting trees for the people.of Caldwell. A light post was removed by the IDEA building and they were wondering if the City of Caldwell would, put a tree in place-of-the pole. The Mayor stated that this would be taken under consideration as he had several other requests for trees. (DISCUSSION WITH REGARD TO BIDDING THE INSURANCE) Councilwoman Mallea-informed the City Council that.it was her suggestion that the City of Caldwell let. the insurance by,proposal this -year rather than by.bid. The City.,does not have to bid, it since it was a service and was costly.. and time consuming to put out for bid. The insurance companies._.will.,be made aware that the City of Caldwell was accepting proposals for .insurance. She talked to the present insurance.carrier and'the law states that the City must hold insurance for liability to the amount_of $300,000. The City has, in fact, been carrying insurance to a: million dollars. It was not tremendously more costly and was probably.a. greater moral problem than it was ,a legal one. Councilwoman.Ma'llea stated.that; she would like the City Council to consider.the possibility of going to $300,000 or staying at a. million so they can give some direction in the proposal. The Mayor stated that the County Commissioners informed him that the $300,000 has been a State Law, but not supported by the Federal Government or the Supreme Court. It was-his _suggestion , that Councilwoman Mallea.contact the County.Commissio:ners and ask them where they found this information... Councilwoman.Mallea. further commented that the Association of Idaho Cities was.contacted and the law still states $300,000, but she would talk with the Commissioners. Book 23 (MAYOR'S COMMENTS) Page 153 1. Report on "Clyde The Mayer informed the City Council that some time ago he made arrangements with Ralph White, a chain saw expert, to make a new Cougar for the High school. In the meantime, the students had a Cougar made out of fiber glass. Mr. White proceeded with the project anyway and it was presented yesterday at the Senior Breakfast by the Cougar Connection. It was going to be on the inside of the High School Building. Councilwoman Mallea further commented that the Seniors were very pleased at the presentation of the Cougar. &sr, white and T. J. Hopper made very kind and flattering remarks about the Mayor. Mr. White stated that he had never been in a town where the City Government took so much interest in the betterment of the High School. He further commented that he would not have done it if it had not been for the Mayor's input and alerting him. 2. Report on the Fourth of July. The Mayor asked Jan Rinker if she cared to report briefly on the progress for the fourth of July. Ms. Rinker stated that at this time there was $2,245.00 pledged towards the fireworks. There was only $870.00 of the confirmed pledges that has been deposited as-to date. This still leaves the City short of the $2,800 needed. Ms. Rinker also pointed out that on the report submitted to the City Council, there was a list of booths confirmed and they have been notified as to the ten percent of proceeds or the minimum of $25.00. This comes to $300.00 and there was two booths that were listed and confirmed that the City was not going to be charging the $25.00 as they donated $100.00. There was an approximate estimate of about $400.00 that was contributed by businesses last year that could possibly be added to the total- Last year's estimate from the Stadium was:.$-500 .O:O -;so there ;.was _a possibility of $3,445.00 at this time. .Additional funds fox.carry over for. - 1983 could come through confirming pledges,, solicitati.on.for more booth participation., and more solicitation of Stadium donations. It was her recommendation to the City Council that they go ahead and order the fireworks due to the fact that they were so close to the amount needed. Councilman Betts stated that he felt comfortable in ordering the fireworks at this time. He further said that he did not feel that this would have to come before the City .Council for a vote and that direction be given to proceed according to plans. 3. Presentation to Councilman Betts. The Mayor stated that he would like to make a presentation -to Councilman Betts.at_ this time. He then presented him with a picture taken of his two children. 4. The Mayor informed the City Council that there was a report as requested by the City Council on the Arson Seminar attended by Harlan Dilley. He would put this in the City Council basket for their information. 5. The Mayor also said that there was a letter written by Dennis Davis reporting with regard ,to_ the safety inspection that he would also put in the City Council's basket. Councilman J. Carter arrived in the City Council Chambers and was counted as present which constituted a Quorum. (AUDIENCE PARTICIPATION) The Mayor then 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. Book 23 (FINAL PLAT OF FAIRVIEW CONDOMINIUMS) Page 154 The Mayor called on Mrs. Robison to present this final plat of Fairview Condominums. Mrs. Robison explained that this was the plat of the project that Kurt Weitz was developing by the golf ,course.. It comes to the City Council with the Planning and Zoning Commission's ; recommendation and it was the Preliminary and the_Final.Plat together. Mrs_ Robison further said that she would like to read to the City Council the following to be_included.i.n the record: 1. Special. Use Permit was.granted to separ:ate.:ownerships on three Living unit condominium. 2. Requirements were platting and - homeowner's association documents. 3. Halstead was vacated with 30,f,eet reverting to,owner of Lot 12, Block 2, Arlington - Addition.. 4. Au:24 foot public access easement was dedicated on that 30 foot.. 5. Water and sewer presently available. 6. Irrigation will be sprinkler. in City's district and has been approved. 7. Street improvements - developer.will be required to construc 24 foot curbed and paved access from Fairview to alley. Sidewalk will be installed along Fairview. S. Screening will be required to prevent potential damage from golf balls. 9. Save City harmless from liability in plat documents of condominium declaration. Councilwoman Mallea asked Mrs. Robison if there was a date set for the completion of the access road. Mrs. Robison answered that there was a date specified as.-to when the project was to be started, not completed. Mr. Weitz has bid out the project_ Councilwoman Mailea further explained; that there. was.some complaints with regard.to the dirt from the.road. It was then MOVED by Betts, SECONDED by J. Carter that the City :Council accept the Preliminary and the Final Plat for the Fairview Condominiums. MOTION CARRIED (R.ECOMMENDATION FROM ,PLANNING AND ZONING TO VACATE RIM VIEW DRIVE WEST OF RICE AVENUE) The Mayor stated that the next item on the Agenda was the recommendation from the Planning and Zoning to vacate Rim View Drive West of Rice Avenue. He further said that he was sure the City Council was aware of the circumstances with regard-to this request as Mr. Orville Collins has shown the drawing of the area to some of them. Mrs. Robison also informed the City Council..that the :Planning . and Zoning Commission recommended that this request.for vacation be granted. Mr. Redmond, the City Engineer, stated :_that - he_had no objection to this request as Mr. Collins has worked very hard..on it and it would keep the circulation up in the area by extendi.ng Rochester. He felt the plans. that Mr. Collins presented were probably the best for the area. Mr. Redmond did point out that in this particular case all vacated road will go to the property to the north as this was the property that initially dedicated . the road. Normally, there was a fifty -fifty split, but in this case it would not. MOVED by Betts, SECONDED by J. Carter that the City.Council accept the recommendation frora the Planning and Zoning.to.vacate Rim View Drive,west.of Rice Avenue and that a public hearing be set on this request. MOTION CARRIED Book 23 Page 155 (RESOLUTION NO. 28 -82 - ENCROACHMENT AGREEMENT WITH CROOKHAMS) The Mayor called on the City Engineer, Ron Redmond, to give an explanation on this request for an encroachment request from Crookham Company. Mr. Redmond explained that a request was received from Crpokham Company to install some power poles along the north side of Crook - ham Street. This was a straight forward request. Generally, when dealing with a public utility, they have the right to go ahead and all that was necessary was notification_ as to where the poles were going to be. The utility company would have the right to go ahead and install without going through the encroachment procedure_ In this particular case, the City was dealing with a_ private company and their installation would be similar to a normal power company was going in there. But being a private company, they were just trying to legalize it and enter into an encroachment agreement. 'Mr. Redmond drafted an encroachment agreement very similar to the one for Dairymen's. The Mayor then read Resolution No. 28 -82 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF CALDWELL AND CROOKHAM COMPANY. 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 s_and-made a part hereof as if set _forth .in full :by and between the City of Caldwell and Crookham Company. MOVED by Mallea, SECONDED by L. Carter. that Resolution No. 28 -82. be passed authorizing the execution of the encroachment Agreement with Crookham Company. Roll call vote. Those voting.yes:_ Mallea,_Betts,,_L. Carter, and J. Carter. Those voting no: none. Absent and not voting: Raymond and Cowles. (PLANNING AND ZONING REQUEST) MOTION CARRIED The Mayor explained that what he would like for the City Council to do at this time was to make a motion to the effect that the study that the Planning and Zoning Commission had on setbacks with buildings be brought off the •able for action. He was not asking the City Council to vote for or against it. There was a possible lawsuit involved 4-egarding::this item and he felt that there should be a simple _request from the City Council that. it "be brought forth..: from the table for action instead.of being left tabled. There was some bad feelings about it and the Mayor did not.think.it should be left this way as people representing both sides of the issue asked that the Mayor make :this _request. Councilman J. Carter stated that he thought the Rules of Order stipulate that the way the motion was made, it cannot be brought from the table. The Mayor said that it could be with a two - thirds vote. Councilwoman Mallea further commented that she thought the Planning and Zoning Commission should handle their own internal problems. The Mayor then stated that both parties that approached him felt that for the benefit of the community and the City, the recommendation should come from the City Council. After further discussion, it was MOVED by Betts, SECONDED by L. Carter that the City Council request that the Planning and Zoning Commission address the setback issue.. Councilman Betts stated that it was a very ambiguous way to vote an issue down by leaving it on the table. The Mayor agreed that it was not right when it involves people's lives as there were citizens waiting to see what was going to happen. The Mayor then asked for a roll call vote. Those voting yes: Book 23 Page 156 Betts and L. Carter. Those voting no: J. Carter and Mallea. Absent and not voting: Raymond and Cowles. The Mayor then broke the tie by voting yes. MOTION CARRIED (EAST CLEVELAND INTERCEPTOR REPORT) Mr. Redmond stated that Councilman.Raymond asked..him to.put: together: an'overall: review of the:East- Cleveland- P.ro ject.. A brief. summary of"the project was put in each-- of:the -.City Council. member boxes -and if they:bave any questions,: please-ask him. (REHAB AUDIT REPORT) The Mayor said.that he wo.uld.only:.refer to _this ..-tem as.copies of the audit were distributed,to.the City Council members. (REQUEST TO ATTEND THE C.C.F.O.A. MEETING) The Mayor informed the City Council that the next item on the Agenda was two requests; one:from_Betty- .Jo.Keller and the.other _ from Donna Talley to attend the C.C.F.O.A. Conference .in.McCall . on September 20 -22.. Both. outlin�ad .top.i.cs:-.they- -felt .were :of interest to them and expressed .how ..important._they fel:t.it was to attend the meeting. The Mayor read both letters of request to the City Council members. The Mayor stated that he ,would recommend.that both-of them_be allowee to, attend and Councilman. pointed out that he felt the meetings were very beneficial. MOVED by L. Carter, SECONDED by Mallea that both Donna Talley and Betty Jo Keller be granted permission to attend the C.C.F.O.A., Meeting.in McCall in September. MOTION CARRIED Councilman Betts requested that...the standard written report be submitted upon their return. (DISCUSSION FINANCING METHODS FOR SEWER HOOKUPS AND DISCUSSION ON STREET LIGHTS) The Mayor-stated that he included: this .item on the Agenda .for discussion only.. The City was facing the .possibility of having sewer hookups mandatory. The. Mayor was-hopeful-.that the City could find some method.of.supporting_..a sewer_.dis.trict..or.an.L..I.D. The Association of,Idaho.C:ities was ,contacted..to.see—if they could . advise the City as to a method that could be pursued so -that people could hook up to wthou.t.the economic impact. It was almost a must to.pursue the..sewer_and.sidewalk_ repair according to. the law and also.street.Eights were an-,important issue.-.. The Mayor.. further, informed the : City ..Council that he contacted :.the City of Coeur d'Alene and .asked them to send their-ordinance on streetlights and would report back_ to the :City Cou.ncil:. as ::to .how they. were handling this. The Mayor further asked:. the City.Counci.l members if they had any ideas as to financing methods to please discuss them with him. (COMMITTEE REPORTS). Councilwoman Mallea reported that she.at.tended the _Finance Meeting with the Nampa people.and.they: informed. the. City of Caldwell that the computer system was doing well.. Nampa proved to the City of Caldwell that they were getting a very good bargain.. Councilman J. Carter informed the -City- Counci.l.and.the Mayor_that- he met with Wes Linscott. and Joe.Shreve.- with.regard.to the Airport_. Appreciation Day. The plans were going'forward, but they were not. getting as many displays as: hoped... They were..looking. for a good turnout for the Appreciation Day..and the Swap Meet. There was no reports.from Councilman.L. Carter or Councilman Betts. Book 23 Page 157 (RECOMMENDATION FOR APPOINTMENT TO YOUNG ADULT ADVISORY COMMISSION) The Mayor stated that he would like to recommend the appointment of Bob Jarboe as a member of the Young Adult Advisory Commission. MOVED by L. Carter, SECONDED;:by Mallea that the City Council accept the recommendation of the Mayor for Bob Jarboe to be appointed to the Young Adult Advisory Commission. MOTION CARRIED There being no further business, the meeting was adjourned at 12:55p.m APPROVED AS w ritten THIS lSt DAY OF June , 1982. City C1 k ATTEST: