Loading...
HomeMy WebLinkAbout1985-06-24city council minutesBook 26 REGULAR MEETING June 24, 1985 12:00 Noon The Meeting was called to order by Mayor McCluskey. Page 109 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: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Absent: none. (AUDIENCE PARTICIPA'T'ION) The Mayor asked if there was anyone in the audience who had anything to bring before the City Council that was not on the prepared "Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (RESOLUTION ON ROTARY CLUB USE OF CALDWELL'S GRAVEL PIT) The Mayor informed the City Council that this Resolution was presented to the City Attorney for his purusal and he did make some changes. The changes were included in the latest copy which was distributed to the members of the City Council. The Mayor then read the Resolution in full as follows: WHEREAS, The Caldwell Rotary Club has requested that the City of Caldwell designate the area known as the City of Caldwell's gravel pit as a recreational area; and, WHEREAS, The Rotary Club is willing to develop the area in an orderly manner; and, WHEREAS, The Rotary Club will present a plan for the development of the area and said plan shall be approved by the City of Caldwell prior to taking any action on said plan; and, WHEREAS, The City Council have agreed that such plan may be based on annual development as funds become available; and, NOW, THEREFORE BE IT RESOLVED That the City Council of the City of Caldwell agrees to designate the City of Caldwell's gravel pit as a portion of the Greenbelt and declaring it to be a recreation area; and, BE IT FURTHER RESOLVED That in return for the orderly development of the site by the :Rotary Club, who shall do so in agreement with the Caldwell City Council, the area will be called Rotary Lake. MOVED by Raymond, SECONDED by Cowles that the Resolution be passed declaring the gravel pit a recreational area and that the pit be designated as Rotary Labe. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea Marcus, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION TO APPROVE THE LEASE WITH SCHOOL DISTRICT FOR STADIUM COMPLEX) The mayor informed the City Council that they approved this Lease earlier in concept, but it was necessary to officially approve by Resolution. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE LEASE AGREEMENT Book 26 Page 110 BE; IT RESOLVED By the City Council, City of Caldwell, that the Mayor and City Clerk are authorized to execute that certain Lease Agreement, a copy of which is attached hereto, and by this reference incorporated herein by which City of Caldwell as Lessor agrees to lease real property known as Canyon Multi- Purpose Stadium, Canyon County, Idaho, to School District No_ 132, State of Idaho, as Lessee. MOVED by Norman, SECONDED by Mallea that Resolution No. 13 -85 be passed authorizing the execution of the Lease Agreement with the School District for the Stadium Complex. Roll call vote. Those voting yes: Norman, Carter, Mallea, Marcus, Cowles, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION AUTHORIZING APPROVAL OF CHANGES ON THE COMPREHENSIVE PLAN) The Mayor explained that this item along with the next three items was a follow -up from the last Regular City Council Meeting. The Mayor then read Resolution No. 14 -85 in full as follows: RESOLUTION AUTHORIZING THE APPROVAL OF CHANGES ON THE COMPREHENSIVE PLAN BE IT RESOLVED That the City Council of the City of Caldwell, Idaho, be authorized to approve changes in the Comprehensive Plan as described below and as shown on the maps attached as Exhibits A, B, C, and D. 1. A parcel of land in the NE 1/4 NW 1/4, Section 21, T4N, R3WBM, lying north of Kit Avenue and the Riverside Canal as shown on Exhibit A attached from agricultural to industrial. 2. Lots 1 -7, Block 86, and 6 -12, Block 87 of the original. townsite as shown on Exhibit B attached from high density and professional offices to general commercial. 3. Lot 4, Section 1, T3N, R3WBM, as shown on Exhibit C from medium density residential to frame and service commercial. 4. The following properties as shown on Exhibit D: a. Parcel in the SW 1/4 SE 1/4, Section 23, T4N, R3BM bounded by S. Florida Avenue, Owyhee Lane and Mueller Lane to be brought into the City as low density residential as currently shown on the Comprehensive Plan. b. Property known as the Chalet in the Sr 1/4 SW 1/4, :Section 23, T4N, R3WBM, from low density residential to general commercial. C. Property adjacent to the Chalet on the east and bounded by Owyhee Lane, S. Florida Avenue and I -84 from low density residential to general commercial. MOVED by Mallea, SECONDED by Norman that Resolution No. 14 -85 be passed authorizing the approval of changes on the Comprehensive Plan. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (;SILL NO. 13 - ANNEXATION AND ZONING PROPERTIES OWNED BY JIM AND BOB MCGARVIN, VALLEY PENTECOSTAL CHURCH, VAL FELLER AND T & D PARTNERSHIP) The Mayor read Bill No. 13 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LANDS LIE CONTIGUOUS OR ADJACENT TO THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; THAT SAID LANDS HAVE BEEN LAID OFF BY THE OWNERS Book 26 Page 111 OR PROPRIETORS, OR WITH THE OWNER'S AUTHORITY OR ACQUIESCENCE, INTO LOTS OR BLOCKS CONTAINING NOT MORE THAN FIVE ACRES OF LAND EACH; OR THAT THE OWNERS OR PROPRIETORS OF SAID LANDS, OR OTHER PERS014S WITH THE CONSENT OF SAID OWNERS OR PROPRIETORS, HAVE SOLD OR BEGUN TO SELL OFF SUCH CONTIGUOUS OR ADJACENT LANDS BY METES AND BOUNDS IN TRACTS NOT EXCEEDING FIVE ACRES, OR THAT THE OWNERS OF SAID LANDS HAVE CONSENTED AND AGREED THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF SPECIFIC ZONES; AND DECLARING SAID LANDS BY PROPER 'LEGAL DESCRIPTION THEREOF AS DESCRIBED IN EXHIBITS A, B, C AND D TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTIES TO THE OFFICIAL MAP OF THE CITY OF CALDWELL, IDAHO. MOVED by Mallea, SECONDED by Norman to dispense with the rule requiring that a Bill be read at three separate times and that Bill No. 13 by read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 13 be passed and entitled Ordinance No. 1698. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 14 - ORDINANCE REZONING CHALET FROM R -1 TO C -4) The Mayor read Bill No. 14 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -1 SINGLE FAMILY RESIDENTIAL TO C -4 INTERCHANGE OR FREEWAY COMMERCIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS C -4 COMMERCIAL ON THE OFFICIAL ZONING MAP; AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor explained that this parcel was not zoned correctly some time ago and should have been zoned Commercial as that was the usage before. MOVED by Mallea, SECONDED by Norman to dispense with the rule requiring the reading of a Bill in full at three separate times and that Bill No. 14 be read by Title only for the one reading. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter, Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Norman that Bill No. 14 be passed and entitled Ordinance No. 1699. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL N0. 15 - REZONE LOTS 1 -7, BLOCK 86 AND 6 -12, BLOCK 87 OF THE ORIGINAL TOWNSITE FROM R -3T TO C -2) Book 26 Page 112 The Mayor read this Bill by title only as follows: AN ORDINANCE CHANGING THE ZONING OP' CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -3T MULTI- FAMILY HIGH DENSITY RESIDEN`PIAL (MOBILE HOME OVERLAY) TO C -2 COMMUNITY COMMERCIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS C -2 COMMERCIAL ON THE OFFICIAL ZONING MAP; AND REVEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. Mrs. Robison explained that this property included Jerry Jackson's across from the Courthouse from Tenth over to Twelfth. The Mayor then asked for action on this Bill. MOVED by Carter, SECONDED by Mallea to dispense with the rule requiring that a Bill be read at three separate times and that Bill No. 15 be read by title only for the one reading. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Marcus, SECONDED by Cowles that Bill No. 15 be passed and entitled Ordinance No. 1700. Roll call vote. Those voting yes: Marcus, Mallea, Carter, Norman, Raymond, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (REQUEST FOR RATE INCREASE FROM UNITED CABLE T.V.) The Mayor informed the City Council that they should all have received a copy of a letter from United Cable Television requesting permission to adjust their service fees. The proposal was for a nominal rate adjustment to be effective on August 15, 1985. There was a representative from the Company here so if there was any questions, the Mayor was certain that he would be happy to answer them. After a short discussion, it was MOVED by Raymond, SECONDED by Cowles that the United Cable Television of Treasure Valley be allowed the increase as requested. MOTION CARRIED Aco E�s of as t aem l Ft t ro�etecotAng the increase is attached to the minu (SET HEARING ON VACATION OF ALLEY IN BLOCK 37 OF MOUNTAIN VIEW) At the request of the Mayor, Mrs. Robison explained that this was an action that came before the City Council back in 1977 on behalf of Jim Schelhorn who was the owner of Hazelwood Townhouses. This was an alley that has never been opened that was being used by adjacent property owners. Previously, the City had gone through the entire action; public hearings, ordinance ready to pass. An easement was needed back for some utilities that ran through the middle of the block and there was a question whether the developer himself could sign in behalf of everyone who belonged to the Hazelwood Townhouses Association. There was one member out of the country at that time. Easements were prepared for each individual to sign and the developer still felt he should be able to sign and the City Engineer at that time indicated that if he would bring information from his lawyer Book 26 Page 1.13 confirming that it was in order for him to sign, the City would go ahead and complete the action on the vacation. This never happened and people who live adjacent now are still interested in vacating the alley as well as property owners on the south side. It was the procedure at this time to set a public hearing which she would request for July 15th. The Mayor then stated that he would set the public hearing for the vacation of the alley in Block 37 of Mountain View for July 15, 1985. (BILL NO. 12 - CONSERVATION OF CITY OF CALDWELL WATER) The Mayor stated that there was a problem with the conservation of the City water at this time. Charts and information was provided by the Water Superintendent which the Mayor then explained to the members of the City Council. on June 14th, it showed an increase over the previous year of 290, then on June 21st, it showed an increase of usage of water over last year of 560; June 22nd, an increase of 15.6-x; June 23rd, the usage was up only 5% which made a total of 23% more usage of water than in the previous year. The Mayor further said that he felt there was two things that have happened to cause this. The irrigation problems have been extensive causing a number of people to sprinkle that would usually be using the flood irrigation. Also, there has been an extreme hot spell in the last few weeks. He felt that there was a trend at this time with both man and wife working to use City water to irrigate with sprinklers in the evening. Bill No. 12 was prepared with the hope that the City would never have to use it. The Water Suerintendent assured him that Horning that there was a need for conserving water and it was a serious problem. Due to the fact that an ordinance has to be published before it can be enforced, the Mayor stated that he would like to have the City Council pass the Ordinance in case an emergency would arise. It takes about a week to have a Bill published which in the case of a water shortage emergency would cause a real problem as the City just couldn't wait. It was the hope that the people in Caldwell would voluntarily water as requested and there would be no need for the enforcement of the Ordinance. The Mayor further said that the stipulation that no one can sprinkle between 2:00 p.m. and 9:00 p.m. would not be enforced at this time. The Ordinance simply staged that it may be necessary to do this. The necessity of getting this message to the public was of prime concern at this time. If they are made aware of the situation, it was hoped that they would water as asked voluntarily. Councilman Raymond pointed out that asking the public to water on odd and even days does get the public's attention and makes them think about water usage, If only this was accomplished by this simple Bill, the City has gained something. It was his feeling that this was a positive factor and would support the passage of the Bill for this reason. The City Engineer stated that his Department was gaining on the problems with the broken irrigation lines, There was still breaks, but they were considered normal breaks although they have been significant because the system was old. The second week of July was the peak time for water usage and he hoped that the City could relax some after that tine and meet the demands.. The Mayor then read Bill No. 12 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL RELATING TO THE CONSERVATION OF CITY'S WATER; AND DECLARING AN EMERGENCY. WHEREAS, It may be necessary to conserve the water of the City of Caldwell; and Book 26 Page 114 WHEREAS, the situation may become serious at any time due to an excessive demand on the water system; and WHEREAS, the Mayor and the City Council may have to determine that the people of Caldwell must consider a possible emergency when water conservation methods must be put into effect; and THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell that the citizens of Caldwell may be ordered to sprinkle their lawns on alternate days. Those whose address is an odd number are to sprinkle on odd days and those with even number to sprinkler on even days. Specific hours may be designated by the Mayor and City Council when sprinkling would not be permitted. BE IT FURTHER ORDAINED That this law should be in effect for a period of one hundred twenty days by vote of the Citv Council and re- enacted as needed. Anyone in violation of this order shall. be guilty of a misdemeanor and shall be fined in a sum not to exceed tnree hundred dollars or confined in jail for a period of not more than thirty days. The Mayor stated that the water Superintendent and his crew would be the ones checking on the public to see if they were following the request from the City of Caldwell.. If the 6dater Superintendent had informed him that morning that through the news media the public was starting to water as requested, the Mayor would not have brought the Bill to the City Council at this Lime. After further discussion, it was MOVED by Raymond, SECONDED by Norman to dispense with the rule requiring that a Bill be read at three separate times and that Bill No. 12 be read by title only for the one reading. Several of the Council members stated that they wondered if the public was completely aware of the situation even though the news media was notified. Councilman Cowles commented that he could support the Bill. if the penalty was taken out of it. The Mayor then answered that without the penalty clause, the Bill was useless. The Mayor then asked for a roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: Cowles. Absent and not voting: none. MOTION CARRIED MOVED by Raymond, SECONDED by Norman that Bill No. 12 be passed and entitled ordinance No. 1697. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: Cowles. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that a meeting will be held with the J.U.B. Engineers on the irrigation system on Wednesday at 4:00 p .m. Councilman Carter attended the Senior Citizen's Meeting that morning where they had a bid opening for the addition to their building. The low bid which included everything in the building was $68,247.00. They had to accept the alternate which was the minimum of putting up shell, roof with no heating and etc. in the Book 26 Page 115 facility. This was for $32,525.00. They were disappointed that they didn't get some of the funds that were anticipated. Plans were underway for some fundraisers. Councilman Norman said that the Finance Committee has been meeting on the budget and will continue to do so. He would like for Council members to attend for input and would let them know when the Committee planned to meet again. Councilman Raymond commented with regard to the information received on the jail fees. Councilwoman Mallea informed him that the City Council would look over the material and schedule a work session in the near future. It was also suggested that a copy of the study be secured. Councilwoman Marcus stated that she would like to congratulate the Fire Department on the Fire School that was held in Caldwell this last week. She also wondered if it wasn't still against the law to out yard sale signs on telephone poles. The Mayor assured her that it was against the law and he had already asked the Police Chief to request that his officers be made more aware of this oroblem. Councilwoman Mallea stated that the ;Finance Officer asked her to request action from the City Council in order to begin implementation of the Fair Labor Standards Act to freeze the monetary value of all comp time at the current pay level of the employee involved and to approve moving towards changing the payroll system. Therefore, it was MOVED by Mallea, SECONDED by Raymond to freeze the monetary value of all comp time on the books as of this date at the current ay level of the employee involved. MOTION CARRIED MOVED by Mallea, SECONDED by Norman to approve making the payroll system effective beginning September 1, 1985, for a bi- weekly system. MOTION CARRIED (MAYOR'S COMMENTS) The Mayor stated that he would request action from the City Council on one item. This was to appoint Tom Wheeler as the Electrical Inspector. MOVED by Mallea, SECONDED by Carter that Torn Wheeler be appointed as Electrical Inspector. MOTION CARRIED The Mayor also stated that he had a new beer license that needed to be approved. This was for The Pit located at Trolley Square. The letter from the Police Chief was as follows: 13. Joseph Baugh, Route 6, Box 13 in Caldwell has no criminal record to preclude the issuance of beer license for the Pit at Trolley Square #10. MOVED by Cowles, SECONDED by Mallea to approve the beer license as requested. MOTION CARRIED There being no further business, the Meeting was adjourned at 12:50 p.m. APPROVED AS wri tt e n THIS 1st _ DAY OF July r 1985. Book 26 Page 116 mayor' C o Lpq i fp'6 F5 o n uncilperson , - cc� unc ATTEST: City Clerk