Loading...
HomeMy WebLinkAbout1982-06-15city council minutesBook 23 Page 170 REGULAR MEETING June 15,'1982 The Meeting was called to order by Acting Mayor Jack Raymond. The Acting Mayor requested that Tracy Dilley come forward from the audience and lead everyone in the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: L. Carter, J. Carter; Mallea, Betts, and Cowles. Absent: none. (APPROVAL OF MINUTES) MOVED by Cowles, SECONDED by Mallea to dispense with the reading of the minutes of the Regular City Council Meeting of .Tune 15, 1982, and the Regular City Council Meeting of June 8, 1982, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Acting 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. Mr. Jerry Korpi of 2303 Syringa was recognized and stated that he would like some clarification with regard to the article that was in the local newspaper stating that the City Concil was planning to pass an Ordinance mandating that those now on septic .. tanks would have to hook on to the sewer. His question was why this was being considered, The Acting Mayor stated that when the City planned the new Sewage Treatment Plant, one of the things that was taken into consideration was the population and anticipated growth of the City of Caldwell over the next twenty year; with the intent of providing sewage treatment for all of those residences. Part of the cost of that plant was based on all of the people that live within the City Limits at the present time whether they were on septic tank or on sewer. One of the fears that the City Council has was that the City should quit putting as much sewage into the ground as is possible as is cost effective to be treated before it goes on into the streams. It was the Council's intent to pass the Ordinance which will require hookup to the sewer within one year from the time that the Ordinance was passed or you can come in within that year and ask, for an extension up up to forty -eight months to hook on and pay the fees. Councilman Betts also pointed out that this was for those people who have sewer available as there was areas in town where there was not. After quite a lengthy discussion, the Acting Mayor informed those concerned that he felt this was not the time to discuss further the concerns they have, but that he would be happy to discuss the item with them after the meeting or whenever convenient for them. (APPLICATION FOR BEER AND WINE 'LICENSE) Police Chief Richard Dormois was recognized and stated that he would like to present one item for Council consideration that was not on the prepared Agenda. Mr. Fun Chong Yee and Mr. Henry Lau, representing the Asia Restaurant:, came to his office that day after 5:00 to request a beer and wine license for the Asia Restaurant. Their request was for both beer and wine and the Police Chief stated that he had no reason to deny this request and would recommend approval. He would request that the City Council approve Book 23 Page 171 this application without having received - the formal letter of recommendation from the Police Chief' as there had not been time to have the memo written. MOVED by L. Carter, SECONDED by Cowles that approval be given for the request for a beer and wine for the Asia Restaurant as presented by the Police Chief.- MOTION CARRIED (APPROVAL OF PREPARED AGENDA) Acting Mayor Jack Raymond asked the members of - the City Council if they had items they would like to include on the' prepared- Agenda. It was then MOVED by Mallea, SECONDED by J. Carter to_accept: the Agenda as prepared with no �ddltional items.. MOTION CARRIED OLD BUSINESS (THIRD READING OF BILL NO. 11) The Acting Mayor stated that this was the time set for the third reading of Bill No. 11 which he read by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, PERTAINING TO.THE - ZONING REGULATIONS, TITLE VI, AMENDING CHAPTER 2, SECTION 2.1, TABLE 3, "OFF- STREET PARKING AND LOADING SCHEDULE ", BY ADDING CERTAIN LANGUAGE THEREOF TO PERMIT PARKING" .OF CARS IN RESIDENTIAL FRONT SETBACK AREAS; AND AMENDING CHAPTER 3, SECTION 1(D)3, BY DELETING AND ADDING CERTAIN LANGUAGE THEREIN TO PROVIDE FOR THE INSTALLATION OF FENCES ON RIGHT. -OF- WAY -ON CORNER LOTS IN RESIDENTIAL AREAS; REPEALING, ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THF,REOF.IN CONFLICT.HEREWITH. - MOVED by Betts, SECONDED By Mallea that Bill No. be passed and entitled Ordinance No. 1623. Roll call vote. Those voting yes: ,Betts,_ Cowles; L. Carter, J. Carter, and Mallea. Those; voting no: none. Absent and not voting: none. MOTION CARRIED . (CLAIM REPORT FROM CITY ENGINEER - C. H. MILLER) Mr. Redmond informed the Council that he did put, an investigation memo in their boxes with regard to this claim. His Department did inspect the area effected by the sewer construction and tried to estimate how much forage was lost. The amount that Mr. Miller was asking was probably higher than what he actually lost, but was not out of reason. Mr. Miller did not include a couple of fruit trees that were lost and did not. come back to the City to have them replaced. Mr. Redmond felt that the $110 claim was probably on - the high side of being in the ball park, but he would recommend approval. Councilman Betts stated that he was probably the one who had the most questions with regard to the amount of hay lost and he did some checking also. He also felt right about approving the claim submitted. MOVED by Betts, SECONDED by L. Carter, that approval be -given to honor the claim submitted by Mr. C. H. Miller. MOTION CARRIED (RESOLUTION NO. 31 -81 - AWARD BID FOR RADIO MAINTENANCE) Book 23 Page 172 Councilwoman Mallea, representing the Bid Committee, said that the bids under discussion were for radio maintenance. There was four bids submitted and it was determined by the Committee that the low bid was Mobile Communicatins. The amount of their yearly bid was $1,812 and the total monthly bid was $151. It was the decision of the Committee that the bid be awarded to Mobile Communication with a stipulation that there be a six month trial period to see how effectively they complete their part of the agreement. It was then MOVED by Mallea, SECONDED by Betts that the bid be awarded to Mobile Communications for radio maintenance. Mr. Redmond explained that Mobile Communications presently had this maintenance agreement and there was complaints from various department heads with regard to their service. Mobile Communications has not been notified as to their shortcomings and this was the purpose of the probationary period so they can be forewarned that the City was not satisfied in the past. This will give them an opportunity to show the City what they can do under a new contract and if it works out well., the City will continue on with them for the full year. Mobile Communications was the low bidder so the Committee felt they should be awarded the bid as they had not been notified in the past. Councilwoman Mallea stated that the City Clerk advised her that there was a Resolution with regard to this agreement and therefore, the motion was not in order. The Acting Mayor stated that he would have to declare the motion out of order and read the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND MOBILCOM. 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 and made a part hereof as if set forth in full by and between the City of Caldwell and Mobilcom for radio maintenance for a one year period at a cost of $151.00 a month. BE IT FURTHER RESOLVED That the aforementioned approval and contract agreement be subject to a six month probationary period. MOVED by Mallea, SECONDED by Betts that Resolution No. 31 -82 be passed authorizing the execution of the agreement with Mobilcom for radio maintenance. Roll call vote. Those voting yes: Mallea, Betts, Cowles, L. Carter, and J. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (REQUEST FROM SAFETY DIRECTOR) The Acting Mayor stated that the first item under New Business was a request from the Safety Director which was in a memo form addressed to the Mayor and City Council. Acting Mayor Raymond read the memo as follows: I would like to .request that the City Council approve an expenditure of $135.00 to send sixteen City employees through the Multi -Media Emergency First Aide Training Course offered by the Red Cross. The class will consist of two to four hour sessions at the Red Cross Center here in Caldwell. This request was approved by Mayor McCluskey at the May 14th Staff Meeting. Book 23 Page 173 Mr. Davis, the Safety Director,' was recognized and informed the City g q Cit Council that since submitting the re he found the course at a considerably cheaper . rate. It was also being'offe.red by the State of Idaho and was 'ba'sically the `same course.. Mr. Davis further said that he would like`to change the dollar amount on the request to $65.10 for the same numb`er'of' personnel,: This would include all of the various 'deparemen•t's excluding the Police Department, who were considering their own program. The Acting Mayor asked ift this would I'be on duty time. Mr. Davis said that it would be, but the class would be split so all of, the personnel would not be gone'at the same "tune. It was then MOVED by L. Cater, SECONDED by Betts that the request by Dennis Davis be approved. - �;MOTI'ON' �CARIjI`ED ' (BID OPENING FOR BLOCK GRANT STREET The next item on the Agenda was a bidopen'ing for the Block Grant Street Project. The Acting Mayor called on the City Engineer, Ron Redmond, to open these bids. They were as „follows: Boise Paving and Asphalt Total: ;$172,211.24 J. M. Hess Construction Total: $167,870.07 Idaho Sand and Gravel Total: $167,015.62 Schmidt Construction Total': $1,72, 500.12 H. K. Contractors Total: $191,664.85 Acting Mayor Raymond stated that it'has been the practice.to have bids reviewed by the Bid Committee and he would ask'City Council if this would be the action desired at this time.' It was then MOVED by L. Carter, SECONDED' by Mallea that the bids for the Block Grant StreetProect bF_ referred'to the Bid.Committee for review to see if specificati6ns met and that the award be at the next Regular City Council Meeting. MOTION 'CARRIED (PUBLIC HEARING ON VACATION) The Acting Mayor stated that this was ;the time set'for the Public Hearing on vacation of Rim View West of Rice Avenue. He then declared the Public Hearing open. Mrs. Robison was recognized and pointed out the area proposed to be vacated on a map for the City Council and the audience. The proposed portion to be vacated was the platted street of Rice Avenue which goes on up along the Rini. The street was not in, but was platted many years ago on the plat of Monte Vista Addition. There was a person interested in purchasing lots that were vacant and putting in a berm type of house overlooking the rim which will be a single family residence. In ord.er to locate theI house_ where he wants to, he has asked the 'City to vacate'that portion of Rim View Drive. In exchange for that, Mr. Siegmann has agreed to dedicate Rochester Street on out to the rim so that in the future if other properties want to develop, they will have a street access to tie into North Montana. The City'will accept a fifty foot right of way which was where Rochester was now. There was no utilities in the way so there will be no need for an easement'ba,ck. Several members of the audience spoke with regard to tlis,proposed vacation with regard to accesses and other concerns. Those addressing the issue were Charles and Edith Breshears of 1410 North Monte Vista and Mr. and Mrs. Maylin of 1409 Monte Vista. Mr. Breshears indicated his particular concern regarding the "dog leg” Book 23 Page 174 created where Rim View goes into Rice as he felt it was a bad corner and could cause an accident. Mrs. Maylin questioned the fact that this was being given back to the City when it was given to the City many years ago with the intent that it become a scenic drive in the future. The Acting Mayor explained to Mrs. Maylin that roads were built as a means for transportation and were built when a petition was submitted to the City for this construction by the property owners who would be responsible for the cost. Councilwoman Mallea stated that it was her intent to make it a part of the City's agreement that the City receive this dedicated land before any transfer of property. After several questions were asked with regard to where the house would be located and concerns expressed with regard to the rock in the area, Mr. Orville Collins was recognized and requested to explain to those concerned what was being planned. Mr. Collins stated that he was the realtor involved and Mr. Edmark was the person purchasing the property. Mr. Edmark was aware of the rock and it would not present a problem. If the tests indicate that the rock was too close, they will not blast but will build a slab type of house and cover it with dirt and sod. Lots 3 and 4 were to be used for the construction. Mr. Maylin also pointed out the dangerous curve where Rim View goes into Rice. Councilman Betts pointed out that this was a separate issue from the proposed vacation and should be addressed by either the Police Department or the Engineering Department. After further discussion, the Acting Mayor declared the Hearing closed and asked the City Council what action they would care to take at this time. Councilwoman Mallea asked if it would be necessary to review the deed. Mrs. Robison stated that the deed was prepared and did not believe that it needed to be cross referenced in the proposed Ordinance. (BILL NO. 12 - VACATION OF RIM VIEW DRIVE WEST OF RICE AVENUE) The Acting Mayor then read Bill No 12 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT It was then MOVED by J. Carter, SECONDED by Betts to suspend the rule requiring the reading of a Bill at three separate readings and that Sill No. 12 be read by title only before passage. Roll call vote. Those voting yes. J. Carter, Mallea, Betts, Cowles, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilwoman Mallea suggested that the City Council direct the Police Department and the Engineering Department investigate the concerns expressed with regard to the bad corner where Rim View goes into Rice and report back to the City Council at the next Regular Meeting. All members of the City Council agreed to this as there seemed to be more concern for this issue than the actual vacation. It was then MOVED by J. Carter, SECONDED by Betts that Bill No. 12 be passed and entitled Ordinance No. 1624. Roll call vote. Those voting yes: J. Carter, Mallea, Betts, Cowles, and L. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 23 Page 175 (REQUEST FOR BEER LICENSE - FIFTII STREET BILLIARDS) Acting Mayor Raymond stated that the, next order of business was a request for a beer license submitted by Fifth Street Billiards. A memo was received from the Police, Chief with regard to this application which was read,by the Acting Mayor as follows: Mr. and Mrs. Dill have made application to receive licenses from the State of Idaho and the.County of Canyon for sales of over the counter beer at Fifth Street Billiards at 424 Elgin in Caldwell. Our investigation of the applicants reveals no reason to deny the license. The Police Chief was recognized and informed the City - Council that Mr. and Mrs. Dill did receive their license from the State and from the County and he would recommend acceptance of their request for a City license. It was then MOVED by Mallea, SECONDED by L. Carter that approval be given for this beer license as requested for the Fifth Street Billiards. MOTION CARRIED Some discussion followed with regard to whether there could be any restrictions as to how many bars could be allowed in the City. The Police Chief pointed out that there was restriction with regard to liquor, but not for beer. The City of Caldwell actually has no control over how many establishments can sell beer. (RESOLUTION ON REHAB LOAN - STELLA MAE WILSON) , Councilman L. Carter informed the City Council that they would like to postpone consideration of this Rehab Loan until the next Regular City Council Meeting. The Acting Mayor consented to this request. (REQUEST FOR GRANT AMENDMENT - TREATMENT PLANT PROJECT) The Acting Mayor asked the City Engineer, Ron Redmond, to address this item on the Agenda. Mr. Redmond explained that this item and the following were t1 together and he would give the City Council some background on it. The construction on the Treatment Plant was completed now; however, one of the conditions of the Grant was that the City of Caldwell perform an Industrial Pretreatment Program. Up to this point, the Industrial Pretreatment Program was only funded ,through the first stage which included an inventory of potential commercial dischargers in the system which were perhaps discharging prohibitive pollutants into the system. The City was hoping that they could close the grant out at the end of April and attempted to do so by telling E.P.A. that there was no more money to fund the last .stage of this Program. The information was relayed on and consequently, monies were found available. A minima]. type program was put together that meets the requirements of the grant. Originally, it was $17,000 and it was now back to $15,100. The engineering grant amendment will be in the amount of $,15,200; the City had $1,950 left in the contingency in the old part of the grant. Therefore-the City will submit to the State for a grant amendment of the $13,250 and it would be necessary for the City Council to take two actions. One would be to recommend that, the grant amendment be submitted to the State in the amount of $13,250 and a]'-so authorization to execute the agreement with Parametrix; for an ,increase of $15,200. MOVED by Betts, SECONDED by Cowles that the grant amendment be submitted to the State in the amount of $13,250 as presented by the City Engineer. MOTION CARRIED (RESOLUTION NO. 32 -82 - CONTRACT AMENDMENT WITH PARAMETRIX) Acting Mayor Raymond read this Resolution in.full as ;follows: Book 23 Page 176 RESOLUTION APPROVING A CONTRACT AMENDMENT WITH PARAMETRIX, INC., TO EXTEND THEIR CONTRACT SERVICES TO INCLUDE COOMPLETION OF AN INDUSTRIAL PRETREATMENT STUDY. WHEREAS, The City of Caldwell has received an E.P.A. Step III Grant for expansion of its wastewater treatment facilities; and WHEREAS, Construction of this expansion has been completed; and WHEREAS, As a condition of the grant and construction, an Industrial Pretreatment study is required by the funding agencies; and WHEREAS, a proposal has been submitted by Parametrix, Inc., to complete the required study; NOW, THEREFORE BE IT RESOLVED That the contract amendment with Parametrix is hereby approved subject to the submitted proposal and subsequent concurrence of the funding agencies; and BE IT FURTHER RESOLVED That. the Mayor is authorized to execute any required documents to process this amendment. MOVED by Betts, SECONDED by L. Carter that Resolution No. 32 -82 be passed authorizing the contract amendment with Parametrix. Roll call vote. Those voting yes: Betts, Cowles, L. Carter, and J, Carter. Those voting no: Mallea. Absent and not voting; none. MOTION CARRIED (CHANNEL 12 REQUEST) Acting Mayor Raymond informed the City Council that he misunderstood the information that channel 12 wanted to have a news conference with a City Official so Councilman Cowles went over to Channel 12 to take care of this that morning. (L.I.D. REPORT) Ron Redmond was recognized and stated that he wanted this mentioned to let the general public know that the City was trying to put together L.I.D. 82. There was one petition for a Street Improvement on Polk and there was four other applications that were pending. He understood that signatures were being obtained, but L did not have them in hand as yet.. One was for irrigation, one for streets, and sewer. Primarily, Mr. Redmond said he wanted the City Council and the public to know that time table wise they needed to get started in order to make this year's construction season. They did want to put a dealine on the petition which would be the coming Tuesday, June 22nd. If anyone knows of someone who would like to be involved in an L.S.D. this year, please inform them to come into the Engineering Department to pick up petitions to get one started. (FINANCIAL REPORT) Councilman Betts reported that the Finance Committee went over all of the Requests for Payment. This month there were Requests for Payment for $367,088.00; a payroll of $195,526.89 of which $39,236.38 was fringe benefits. This made a total month expenditure of $562,614.89. MOVED by Betts, SECONDED by Mallea that the checks be issued and the Requests for Payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that the Finance Committee met with the lessee of the Stadium and discussed the lease. A report was made to the City Council. Book 23 Page 177 Councilman J. Carter reminded the City Council of the Airport Appreciation Day and Swap Meet this next weekend. He also asked if Councilman Betts would cheek to see if the Airport Commission had turned in their budget as yet. Councilman Cowles informed the City Council that nothing had been filed as yet with regard to the claim of Jan Boles. He also told the Council that lie would be attending the Association of 'Idaho Cities Convention this week:. Acting Mayor Raymond reported that he attended the grand openning of playland at McDonald's aver the weekend. The Acting Mayor also stated that the grievance committee had their first session and a decision was rendered so they felt the system was working. With regard to the park project, the minature golf, it was still anticipated that the fence would be installed by Thursday. They did run into some problems with uneven ground, but it was working out. He also informed the City Council that Alta Williams asked him to remind the City Council of the Friend's of the Library luncheon this week at the Elk's. There being no further business, the meeting was adjourned at 9:00 p.m. APPROVED AS written THIS 6t h DAY OF July , 1982. ATTEST: City