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HomeMy WebLinkAbout1982-07-20city council minutesBook 23 Page 199 REGULAR MEETING July 20, 1982 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: Raymond, L. Carter, J. Cartier, Mallea, Betts, and Cowles. Absent; none. (APPROVE MINUTES) It was MOVED by Cowles, SECONDED by L. Carter to dispense with the reading of the minutes of the Regular City Council Meeting of July 6, 1982, the Executive Session of July 13, 1982, and the Regular City Council Meeting of July 13, 1982, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in 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. OLD BUSINESS (STADIUM LEASE) The Mayor stated that this item was discussed at the noon meeting. This was with regard to the lease for the Stadium facility between the City of Caldwell and the School District. Two items were stressed at noon: a sixty day cancellation clause instead of ninety and an itemized list of the revenues by users of the facility. The Mayor said that he would approach the School District on these two items and the action would be delayed until that time. (REPORT ON STREET LIGHTS) The Mayor reported that he called several people to try to get some confirmation as to just what the status was with regard to this project. There was a meeting that afternoon at the First Interstate Bank on financing. Everything seems to be "go" except the money. Idaho First National Bank: has not given them an answer back as yet. There was no way to proceed without the financing and when this was resolved, the City of Boise and the City of Caldwell would be the first two. There would be a direct study of these two cities to see what the actual cost would be. (SIDEWALK PROGRAM) The Mayor stated that this item was also discussed at noon and he would ask the City Council if they cared to take any action on this program at this time. Councilman Raymond stated that he would like to proceed and make it official. This item was actually not on the Agenda, but was presented at noon out of Committee. Councilman Raymond asked the City Engineer that if the City bid this out on what he had prepared and the City Council then did not want to put all of the money in, would it be difficult after the bids were received. Mr. Redmond answered that the City would have to negotiate with the contractor. Generally, if it was decreased in quanity more than twenty -five percent, the Contractor should renegotiate his bid as it was bid on volume basis. Book 23 Page 200 The Mayor further stated that there was only one member of the City Council who expressed any concern about going for the whole program was Councilwoman Mall-ea. Councilwoman Mallea stated that she would not oppose this; she did have some concern with the scope of it. MOVED by Raymond, SECONDED by L. Carter that the Engineering Department be authorized to advertise for bid for the downtown sidewalk repair project with the intent to complete the project in this calendar year. Councilman Raymond pointed out the areas under discussion on a map for the benefit of the audience. Pointed out was the various radiuses of sidewalk that need repair in the downtown area. It was the City's intent to repair those portions which was City property and their responsibility. This was intended to help pedestrian -- safety. The area encompasses approximately Fifth and Railroad through Eleventh and over as far as Dearborn to the South. Total cost was approximately $44,500 according to Engineering estimates and it would improve a lot of safety problems downtown as well as appearance. It would hopefully be an encouragement for some of the merchants to improve their sidewalks that need repair. It was also the City's intention to give more attention to enforcing the ordinance which requires adequate sidewalk repair in a timely manner. The Mayor then asked for a vote on the motion. MOTION CARRIED (BILL NO. 13 - SECOND READING) The Mayor read Bill No. 13 by title only 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. The Mayor then declared this to be the second reading. NEW BUSINESS (SET PUBLIC HEARING ON WITHER'S CARPORT) The Mayor stated that the next item on the Agenda was with reference to the Wither's carport. The Planning and Zoning Commission refused to grant a variance to Mr. and Mrs. Withers for a carport. The letter from Mr. Withers was as follows: My wife and I would like to confirm our request via telephone today to the Planning Director for our hearing or variance request with the City Council on Tuesday, July 20th at 7:30 P.M. We shall look forward to meeting with the Council and once again have the benefit of your knowledge in planning for the community, as we did in February while you answered our questions. We hope that this request will meet with your approval. Thank you very much for your helpfulness, Mr. Mccluskey, in the issue of unenclosed structures and our carport. The Mayor further said that he had word from the Chairman of the Planning and Zoning Chairman that he had some intent of bringing this item up again at the next Planning and Zoning Commission Meeting. One of two things could be done; either establish a date for a public hearing after that date or withhold taking action Book 23 Page 201 until after that meeting and then establish a date. The notification asking for the hearing was received and they have this right according to Code. To just delay action until the Commission had another meeting was what he believed was desired. Mr. Bob Carpenter, the Chairman of the Planning and Zoning Commission, was recognized and stated that his feeling was that they were faced with some issues that were larger and more extended that the one carport dealing with. The Planning and Zoning Commission has, without question, taken action at present which states their feelings. The only place he felt there was a need for review or direction was at the request of the City Council or the Mayor or someone other than the Commission looking at the larger picture involved in for review of the process that they were standing firmly behind. The Commission has stated where they stand, but if there was direction or additional request back, they would like to take another look. The Mayor stated that his responsibility, as was the Council's, was to the overall protection of the City and not generally the policy or philosophy of one particular Commission. He was in agreement with what they were doing, but he had several similar circumstances listed in the City where the City would have to be forced to tear down. If the Wither's were told to tear their carport down, the City would be obligated to ask the others to tear their carports down. otherwise, the City would be subject to a lawsuit. If the City didn't do it; it would be a no win situation. The City evidently has not communicated to the people the necessity of having a building permit for any external changes to their homes. He was going to ask the City Council to declare a Grandfather's Clause on all structures that had been put up at the present time. He would ask the Council to delay action to have the Planning and Zoning Commission take another look: at this item at their next meeting based on the fact that the City is subject to some serious problems if something isn't done to temper it. Mr. Carpenter asked the Mayor if he could mak e nature as the Commission has been very split were within one vote either way and he felt, should be brought back to the Commission only someone else. a directive of this on this issue. They as Chairman, that it by a directive from Councilman Raymond stated that he talked to some of the Commissioner members and he understood that they were disturbed at getting the issue back the last time. He did not relish sending it back another time on this particular issue and did not relish dealing with it either. It was the Council's responsibility, however, as it had been handled by the Planning and Zoning Commission and discussed all they wanted to. Councilman Raymond further stated that he personally would favor setting a hearing date. He did not care if the date was far enough in the future that there was time for another Commission meeting and they could do something else if they desire. He did feel that it was the responsibility of this body tonight to set a hearing date. Mr. Carpenter further said that he would not reopen the discussion under those conditions. The Mayor then informed the City Council that they might just as well have their hearing within three weeks. The Mayor further said that he would ask that the City Council, if they set the hearing, that they would state that the ones now were under the Grandfather's Clause and he felt that Mr. Robertson would be abused and was a circumstance that they would have to take consideration of. Councilwoman Mallea was recognized and said that it seemed like there was always things outside that if you don't catch them, they may get by with it. It was also her opinion that the Planning and Zoning Commission has acted on this issue twice and she agreed with Councilman Raymond that it should not be sent back again. She would like to set the hearing and would also like some benefit of legal counsel as to what the options are to the City and the repercussions. Book 23 Page 202 It was then MOVED by Mallea, SECONDED by J. Carter that the Public Hearing be set for August 17, 1982. MOTION CARRIED (REJECTION OF INSURA4CE CLAIM) The Mayor stated that he had a letter from the Insurance Company of North America which was directed to Mr. Frank Kibler, Attorney at Law. The Mayor read the letter as follows: After thorough investigation of the claim made by John and Thelma Stattner, and based on the facts presented to date, it is our position that the City of Caldwell would not be held liable for this loss. Therefore, we will be unable to make any payment to this claim. If you have or develope any information which might change our analysis of the liability, please present it to us. Councilman Betts requested that a copy of this letter be sent to the City Attorney. (LETTER FROM CHAMBER OF COMMERCE) The Mayor read the following letter from the Chamber of Commerce: The Chamber of Commerce is, for the first time, taking full responsibility for the "Buckaroo Breakfast" preceding the Caldwell Nite Rode. Our plans are to provide breakfast at a nominal charge on Tuesday, August 17, 1982. The time has not been firmly set, but we are looking at 7:30 a.m. to 9:00 a.m. The Chamber Board of Directors and members of the "P.R. Committee are going to be cooking and serving. We would, however, like to invite you and as many City Council members as would like to "flip pancakes and salt and pepper eggs" with us. We would like to know if you and City Council members would like to participate by the lst of August. The Mayor asked for a show of hands as to how many Council members would care to do this. Four Council members volunteered as well as the Librarian. The Mayor informed the City Council that he would call them. (BILL NO. 15 - PUBLIC HEARING PROCEDURES) The Mayor stated that the next item was presentation of Bill No. 15 which was to establish procedures to be followed for Public Hearings. Previously, they had discussed doing this by policy, but found that according to State Code it should be in Ordinance form. The Bill was read by title only as follows: AN ORDINANCE ESTABLISHING AND FIXING RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE CITY COUNCIL, AND PROVIDING AN EFFECTIVE DATE HEREOF., The Mayor then declared this to be the first reading. (FINANCIAL REPORT) The Mayor called on Councilman Betts to give the financial report. Councilman Betts reported that the Finance Committee went over the Requests for Payment for the month of June. There was a payroll of $166,786.07 plus fringe of $39,989.33 making total payroll of $206,775.40. There were checks issued for $315,255.60 which made total monthly expenditure to $522,031.00. Book 23 Page 203 It was then MOVED by Betts, SECONDED by Mallea that the checks be issued and the Requests for Payment -be filed in the City Clerk's Office. MOTION CARRIED (COMMITTEE REPORTS) Councilman Les Carter reported that both he and Councilman Betts attended the Golf Board of Control Meeting. The revenue was up $27,000 from last year and both courses were looking beautiful with many good comments. Two tournaments were recently held; the Idaho State Amateur Tournament which brought - '$1,500 revenue to the City of Caldwell. Also the Elk's had their tournament which did not interfere with regular play at all. Councilman Carter also stated that he attended the Senior Citizen's Meeting and they had set a target date of August 15th to complete the remodeling of the kitchen. They were then starting plans for their Sixth Anniversary. The Seniors were also planning a Minature Golf Tournament at the Park. Councilman Raymond reported that he was still hearing good reports in the downtown with regard to the Fourth of July Celebration. (MAYOR'S COMMENTS) The Mayor stated that the Street Light Committee would meet on the 26th of July at 3:00 p.m. Councilman Betts stated that he would further report that the Finance Committee has started working on the budget and set rules that they were planning to adhere to. The Mayor informed the Council that the Governor would be in Caldwell on the 9th of August which was the same day that the City of Caldwell was having their dinner at the County Fair. Also, the Mayor's Commitee was asked to appear before the Judicial Council to present constructive thoughts and ideas with regard to the court systems. Susan Gilroy, the Librarian, informed the City Council and Mayor that the Library was planning a hoedown on the 12th of November and for them all to keep that date open. (DISCUSSION - SCHUYLER ENOCHS) Mrs. Robison informed the Mayor that Schuyler Enochs wanted to discuss a proposal to the City Council. Mrs. Robison explained that Mr. Enochs presented to the Planning and Zoning Commission a proposal to have Farmway Road and Tenth Avenue designated as routes by the State. The Commission voted to support this proposal. The Mayor further stated that he previously presented this item to the City Council, but there was one point that he did not elaborate on and which he felt was important. This was that the streets will not be changed; not the names, just the designation. _ Mr. Enochs explained that it was difficult for travelers to find the road to California. At his office on Tenth, many people stop to ask for direction. If the proposal would be approved, route signs will appear on the State Highway map. The Mayor also pointed out that it will allow truck route designation. The signs on the Interstate will have both the designation and the names of the two streets. The City Engineer explained just how the signs would look. It was then MOVED by Betts, SECONDED by Mallea that South Tenth and eventually North Tenth from Interstate South out to Karcher will be designated by a County designation and Farmway Road will also receive County designation. Book 23 Page 204 MOTION CARRIED There being no further business, the meeting was adjourned at 8:20 P.m. APPROVED AS writte ATTEST: THIS 3rd F August 1982. City Cl,�rr*s