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HomeMy WebLinkAbout1982-07-13council minutesBook 23 Page 193 REGULAR MEETING July 13, 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: Raymond, L. Carter, J. Carter, and Betts. Absent: Mallea and Cowles. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who had an item that they would like to bring before the City Council at this time that was not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (DECISION ON PURCHASE OF STREET LIGHTS) The Mayor stated that the first item under old Business was to discuss a decision on purchase of street lights. The Mayor further said that he made two phone calls that morning; one was to the City Manager of Pocatello and the other to Boise to try to talk to the City Engineer who happened to be on vacation. Bill Ancell from Boise did call him back with some information. The Mayor explained for the benefit of the people in the audience that the City of Caldwell was very :interested in purchasing the street lights within the City. The debt would extend over a period of five years as the Idaho Power would prefer it be the five years instead of three years. Idaho Power was dragging their feet at this time. The P.U.C. was willing to go along with it to some extent to say that the City could own their own street lights and it was not beneficial for Idaho Power for us to own those; primarily because if we did own them the City of Caldwell could reduce lighting costs on the street lights at the end of the five year period by fifty or sixty percent. The City of Caldwell has more to gain than any other City in Idaho Power's service area because we have more of the old lights than any other city. when other cities with the sodium vapor :Lights being phased into the system are going to pay less by fifteen percent, Caldwell will actually pay more because of having more of the old lights. what this means was that Caldwell was getting poor service all of this time so we are going to pay for this 'bad service. The Mayor further said that he had a call from the representative of Idaho Power since the last City Council Meeting trying to get the City of Caldwell to accelerate allowing them to start the light program. The City of Boise and the City of Pocatello were both interested in this street light program. The Mayor of the City of Boise was meeting with the President of the Idaho Power and the general trend at this time was consideration of charging a franchise tax. An attempt was made by the City of Nampa sometime ago to do this which failed. The Mayor further stated that he would request from the City Council that they would stall on a decision for another week until such time as more feedback was received from the City of Boise. (DECISION ON GAS -OIL LEASE - PURPLE SAGE) The Mayor informed the City Council that this item would require a decision at this time primarily because the representative of the gas company was leaving and had been put off for a period of time. There was a new lease prepared and a copy was taken to the City Attorney for his recommendation and suggestions. The Mayor then Book 23 Page 194 pointed out several areas of the lease that he would ask the City Council members to give particular consideration to. Copies were distributed to the City Council and the Mayor requested that the City Council approve the lease by motion subject to each member of the City Council calling him before the end of the week after their individual study of the lease to reaffirm their approval. MOVED by Betts, SECONDED by L. Carter that - the lease be accepted subject to a majority of the City Council reaffirming their vote by telephone call. MOTION CARRIED (BILL NO. 13 - AMEND CODE, TITLE IV, CHAPTER 7) The Mayor said that the next item on the Agenda was a Bill to amend the City Code with regard to Bartender's licenses and hours of consumption of beer which was discussed at the previous City Council Meeting. The Mayor informed the City Council - that he would also like to have them give consideration to that portion of the City Code pertaining to Card and Pool Licenses. A Committee was appointed some months ago to give this study and no action was ever taken. When the City Council determined that they would repeal the provisions for the Card Licenses they found that the Pool Licenses were addressed in the same portion of the City Code. After discussion at that time, a committee was appointed to bring a recommendation back to the City Council. The Mayor then read Bill No. 13 in full as follows: AN ORDINANCE AMENDING TITLE IV, CHAPTER 7, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO, STATE OF IDAHO, RELATING TO SALE AND DISTRIBUTION OF BEER, BY DELETING CERTAIN LANGUAGE IN SECTION 9, PERTAINING TO HOURS OF SALE; AND BY REPEALING SECTION 12, PERTAINING TO BARTENDERS REQUIRED TO HAVE LICENSES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS HEREOF IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 9, Chapter 7, Title IV of the Municipal Code of the City of Caldwell be amended as follows: 4 -7 -9: HOURS OF SALE: No person licensed by the City shall sell or serve in the place of business for which he has taken out a license any beer between the hours of 1:00 a.m. and 7:00 am.m. Section 2. That Section 1.2, Chapter 7, Title IV of the Municipal Code of the City of Caldwell be repealed with regard to Bartender's required to have licenses. The Mayor further stated that - the Police Chief requested these amendments in the Caldwell City Code: to conform with the State Law, The Mayor then stated that he would consider this to be the first reading of Bill No. 13. He then asked the City Council what action they would like to take at this time with regard to card and pool licenses. Councilman Raymond answered that portion of the City Code further Chief. The Mayor then said that consisting of Councilman Raymond, discuss this portion of the City Council with a recommendation. he would like to look at this and discuss it with the Police "he would appoint a Committee the Police Chief and the Mayor to Code and come back to the City NEW BUSINESS (PUBLIC HEARING ON VACATION OF PORTION OF OMAHA STREET) The Mayor called on the City Engineer, Ron Redmond, to give some background on this request for a vacation of Omaha between North Third and North Illinois. Book 23 Page 195 Before recognizing Mr. Redmond, the Mayor asked Nevin Holly to explain the request he made to the News Media for coverage of an activity regarding the Recreation Department. Mr. Holly stated that the Little League All Star Team of Caldwell won the All Star Tournament in Weiser this last weekend. The Little League wants to present the trophy to the City of Caldwell on Wednesday at 11:00 a.m. at City Hall. The Press was asked to come as well as the other News Media to cover this presentation for - the City. Mr. Redmond was then recognized and pointed out the area under .- consideration for vacation on a map for the City Council and the audience. The City has requested that the property owner rededicate to the City of Caldwell a small triangular piece in this area so that if in the future the City needed a right turn lane at that location, it would be possible. In the future, it was possible that there would be a series of intersections and this vacation of a portion of Omaha could help minimize the number of problems that could occur. Third Street and North Illinois will become the primary accesses to the Canyon Hill area. The Mayor then opened the Meeting to a Public Hearing on the vacation of Omaha Street between North Third and North Illinois. He then asked if there was anyone in the audience who cared to speak in opposition to this Vacation. Since there was no one, the Mayor then asked if there was anyone who cared to speak for the Vacation. Mr. Fouts, representing the Monument Company, was recognized and said that he did not believe he needed to speak anymore for this vacation. He did ask if dimensions were established for the triangular piece. Mr. Redmond stated. that the short side was forty feet and the long side was fifty feet.. Mrs. Robison stated that it was an eighty foot right of way width.. The Mayor then declared the Public Hearing closed and asked what action the City Council cared to take. It was then MOVED by Betts, SECONDED by J. Carter that the recommendation of the City Engineer be accepted for the vacation of a portion of Omaha Street. MOTION CARRRIED (BILL NO. 14 - VACATION OF OMAHA BETWEEN NORTH THIRD AND NORTH ILLINOIS) The Mayor then read Bill No. 14 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 MOVED By Betts, SECONDED By J. Carter to suspend the rules requiring the reading of a Bill at three separate times and that Bill No. 14 be read by title only before passage. Councilman Raymond was recognized and stated that he agreed with the Bill and he had no quarrel with the suspension of the rules, but the only thing that disturbed him was that there was two Council members absent at this meeting and vacating of public rights of ways has been an issue that was touchy in the past. He had talked with Councilwoman Mallea with respect to this particular vacation and she did not seem to have any concerns with regard to it. He had not talked to Councilman Cowles, but no one had mentioned that he was against the proposal. Mr. Redmond stated that his office had not received any calls against this proposed vacation. The Mayor stated that this was a good thought and would ask that it become a part of the record. The Mayor then asked for a roll call vote. Those voting yes: Betts, Raymond, L. Carter, and J. Carter. Those voting no: none. Absent and not voting: Mallea and Cowles. Book 23 MOTION CARRIED Page 196 MOVED by Betts, SECONDED by J. Carter that Bill No. 14 be passed and entitled Ordinance No. 1626. Roll call vote. Those voting yes: Betts, Raymond, L. Carter, and J. Carter. Those voting no: none. Absent and not voting: Cowles and Mallea. MOTION CARRIED (LETTER FROM GORDON GIPSON) The Mayor stated that the next item of business was a letter received from Gordon Gipson that he read as follows: I am writing to commend the actions of both the City of Caldwell Fire Department and the City of Caldwell Police Department at the time of the fire at my home a week ago Saturday. Every man involved in the two departments operated with skill and at peak efficiency during the incident, not only in discovering the fire, alerting the fire department, putting the fire out and securing the property all with absolutely minimal damage. No departments could have done better. I have gone around personally to express my appreciation to the fire department and to the ,police department, but I wanted it on record with the city administration that I think the departments are absolutely super. The Mayor requested that copies of this letter be made and distributed to the two departments. (LETTER FROM RAY WOOLERY'S) The Mayor then read the following note received from Mr. and Mrs. Woolery: There has been "thank yous" repeated and words of appreciation expressed for the award and recognition, but we do not feel they were adequate. We were both speechless at the presentation so again we say a very special "Thank you ". (LETTER FROM VALLIVUE JUNIOR- SE14IOR HIGH SCHOOL) The Mayor then read the following letter addressed to the Mayor and City Council from James Hunter, the tennis coach at Vallivue High School: The Vallivue Tennis Team, the Vallivue High School Administration and myself wish to express our sincere thanks to the City of Caldwell for the use of the City Park Courts for our home matches this past seasom. We have had great success this past season. We had four girls return this year to State Tennis,. We equate our success, in part, to you and our use of the City Park Tennis Courts. Thank you again. (CLAIM FROM BOB GREENFIELD - SOUTHEAST INTERCEPTOR) The Mayor informed the City Council that a claim was received from Bob Greenfield for expenses incurred as a result of sewer line construction. The expenses were as follows: Plumbing for water tank (access to Wilson Drain was blocked: $25.00. Labor to repair five fences (4 hours): $25.00 Book 23 Page 197 Hay fed during two week delay of irrigation on pasture, 10 bales per day at $2.00 (first irrigation was May 10th): $280.00. Total: $330.00 Mr. Redmond informed the City Council that Mr. Greenfield had about fifty head of livestock in the area. Comparing the price of hay figured in the Miller claim, this claim was very reasonable. Alpha Engineers did check this claim out and felt that the bills were reasonable. The only area that Mr. Redmond felt was questionable as far as what the Contractor pays and what the City pays was the $25.00 relative to the labor to repair five fences. The Contractor moved the fences that were interferring with the interceptor itself and apparently there was some additional fence work so Mr. Greenfield could move his livestock around. It was still felt that it was a reasonable claim. The Mayor stated that he would like to take action on this claim at this time without turning it over to an insurance committee. MOVED by Raymond, SECONDED By Betts that approval be given -to pay this claim in the amount of $330.00 to Mr. Bob Greenfield. MOTION CARRIED (DISCUSSION ON LANDSCAPING FOR HIGHWAY 19 PROJECT) The Mayor again called on the City Engineer, Ron Redmond, to discuss this item on the Agenda. Mr. Redmond stated that if City Council would recall that when the State was here discussing the Interstate 84 project they wanted to do something similar for the Highway 19 ,project. The City of Caldwell needed to let them know whether there was an interest in doing some landscaping in this area. Mr. Redmond then pointed out the area on a map for the City Council which was less than one /third of an acre. A recommendation from the City Council was needed as to what the City would like to do here. It was then MOVED by L. Carter, SECONDED by Betts that the City of Caldwell notify the State Highway Department that the City was willing to accept the responsibility of maintaining landscaping that is similar to that proposed for Interstate 84. MOTION CARRIED (COMMITTEE REPORTS) Councilman Betts reported that he totally forgot to attend the Recreation Meeting of the night before and would request that Mr. Holly give a brief report on that meeting. Mr. Holly informed the City Council that there was not a quorum present so discussed was generally the programs in the Recreation Department. The next meeting would be on August 2nd. He did report that the Miniature Golf Course was going well. The first nine days of operation they had 2,600 kids come through to play the course. There was a profit of about $310.00. It seemed to be holding solid even after the Fourth of July and a lot of interest shown. The Mayor stated that he felt that WITCO should maintain the structure and the City maintain the grounds. The Mayor further requested that Mr. Holly set up a meeting with Mr. Jarboe to discuss this arrangement. Councilman Raymond informed the City Council that Ron Redmond, Mel Lewis, and he met yesterday with regard to sidewalks and they will have an indepth proposal for the City Council at the next Regular Meeting. Book 23 (MAYOR'S COMMENTS) Page 198 The Mayor stated that the Stadium Contract was just on hold until such time as the School Board meets again. The Mayor also informed the City Council that he had some people trying to take advantage of the system with regard to the determination made about those who were unable to get irrigation water. All the lines were broken on Canyon Hill for some time and those people were asking credit for that. This was no the City's fault so no help could be given to them. The Mayor also said that he placed in each Council member's box a copy of a model ordinance with regard to public hearings. The Mayor further said that he felt this could be established by policy and would not have to be in ordinance form. He would ask that the City Council look it over. The insurance meeting that was proposed for the next day was changed to Friday morning at 10.00 a.m. The City of,Nampa would be represented. The Mayor then read the following letter he was proposing to be sent to the City of Nampa: It is with great pleasure that the Mayor and City Council of Caldwell representing our citizens are able to give the people of Nampa a living gift in our desire to participate in the outstanding improvement in your City by the construction of a new City Hall. May the ease of shedding our differences be symbolized in their loss of leaves with Fall. May their dormancy in Winter set a - time to contemplate the benefits of mutual communication. May their rebirth with leaves in Spring remind those who follow of the strength in joint effort. May their growth throughout the Summer be indicative of our community's trend towards coherence making joint cooperation a necessity. The Council agreed that it was a good letter and that it be sent. The Mayor explained that he wanted Councilwoman Mallea to see the letter before it was sent, but unfortunately she was not present at the meeting. The Mayor further stated that he would like to encourage those on the Department Contract negotiating team to get started on this. Councilman Betts pointed out that it was his understanding that it was up to the Fire Department to cal], the first meeting. The Mayor then said he would talk to them. There being no further business, the Meeting was adjourned at 12:50 p.m. APPROVED AS written l _,"oun lmari- {_ o� unc lmarf Councilman ATTEST: � � a !z--0, �ro,,V,- City Clerk ­ THIS 2.Qth DAY OF July , 1982.