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HomeMy WebLinkAbout1981-07-28city council minutesBook 22 Page 211 REGULAR MEETING July 28, 1981 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: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. (AUDIENCE PARTICIPATION) The 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: Since there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (SECOND READING OF BILL NO. 15 - CODE CHANGE FOR MAYOR' SALARY) The Mayor read Bill No. 15 in full as follows: AN ORDINANCE AMENDING TITLE I, CIIAPTER 17, SECTION 1 OF TIIE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO; STATE OF IDAHO, RELATING TO SALARIES OF ELECTIVE OFFICERS BY CHANGING CERTAIN LANGUAGE.IN PARAGRAPH (A) MAYOR: TO PROVIDE FOR AN INCREASE IN SALARY, 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 OP CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 1 (A), Chapter 17, Title I of the Municipal Code of the City of Caldwell be amended as follows: 1 -17 -1: ELECTIVE OFFICERS: (A) Mayor: Commencing January 1, 1970 1982 the salary of the Mayor shall be the annual sum of twelve- thousand- dollars {12,008:00} Fifteen thousand dollars ($15;000.00) to be paid in twelve (12 equal payments, one each month, the same as other salaries are paid by the City. The Mayor then declared this to be the second reading of Bill No. 15. (SECOND READING OF BILL NO. 16 - HAPPY DAY FORD ZONING AND ANNEXATION) The Mayor then read Bill No. 16 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 TIIE OWNERS OR PROPRIETORS, OR WITH THE OWNERS' AUTHORITY OR ACQUIESCENCE, INTO LOTS OR BLOCKS CONTAINING NOT MORE TI -TAN FIVE ACRES OF LAND EACH; OR THAT THE OWNERS OR PROPRIETORS OF SAID LANDS, OR OTHER PERSON; 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 TIIE OWNERS OF SAID LANDS HAVE CONSENTED AND AGREED THAT SAID LAND`' BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 COMMERCIAL ZONE AS DESCRIBED IN EXHIBIT "A" AND M -1 LIGHT INDUSTRIAL ZONE AS DESCRIBED IN EXHIBIT 11 8 ", AND DECLARING ALL SAID LANDS,, BY PROPER LEGAL DESCRIPTION THEREOF AS DESCRIBED IN SAID EXHIBITS "A" AND "B" TO BE PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING'ALL ORDINANCES RESOLUTIONS, OR ORDERS, OR PARTS THEREOF IN CONFLICT HEREWITI1; AND DECLARING AN EMERGENCY. The Mayor then declared. that this would be considered the second reading of Bill. No. 16. (SECOND READING OF BILL NO. 17 - REZONING OF CONNIE CERAMICS) The Mayor read Bill No. 17 by title only as follows: Book 22 Page 212 AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -2 MEDIUM DENSITY RESIDENTIAL ZONE TO C -1 NEIGHBORHOOD COMMERCIAL ZONE AND DETERMING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO: REPEALING ALL LAWS, ORDINANCES, AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor stated that in regard to this particular Bill, there was some calls received that morning inquiring as to whether there would be audience discussion regarding this Bill during the meeting. The Mayor explained that there had been several public hearings held with regard to this rezoning. It was his feeling that the City Council had received all of the information that they could possibly need. The Mayor further commented that he did check with the City Attorney to see if he would be out of line to state that if any of the audience had any further comments to make with regard to this rezoning that they discuss it with City Council members on an individual basis. The City Attorney informed the Mayor that this was the proper procedure. The Mayor then declared that this would be considered the second reading of Bill No. 17 and the third reading will be the 4th of August at the 7:30 p.m. Regular City Council Meeting. (BILL NO. 18 - VACATION OF ALLEY IN BLOCK 56, BOONE'S ADDITION) The Mayor read Bill No. 18 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 He then called on Mrs. Robison, the Planning and Zoning Director, to give an explanation of this Bill. Mrs. Robison pointed out the location of this vacation on a map for the Council and audience. There was a Public Hearing to vacate a part of the alley for the State because they were eliminating accesses off Tenth and Freeport by the Pizza Hut. The vacation was held up until an easement was received for the part that was to be vacated and also the Deed for the turn around and an alley access so garbage trucks and etc., could get in there. The instruments were received and should be recorded. The Mayor stated that this item was discussed previously when Mel Lewis was still here. Councilman Hopper questioned as to whether there was any changes since it was discussed previously.q and Mrs. Robison again stated that the vacating ordinance was held up until the instruments as she discussed were received. MOVED by Raymond to suspend the rule requiring the reading of a Bill three separate days and pass the Bill on the first reading. The City Engineer, Ron Redmond, was recognized and stated that he had some concern with regard to this item. I-Ie was not sure what the agreement was originally, but he did question who was responsible for the construction for the turn around once the exchange of the lands was made. There was a number of trees and an irrigation box with a grate that will have to support a vehicle. There was also alley fill that would have to be taken care of in developing the turn. There was also an irrigation line and waterline to be considered. It was Mr. Redmond's feeling that there should be some discussion as to whose responsible for these items. After some discussion, Councilman Raymond stated that he would withdraw his motion and that this be considered the first reading of Till No. 18 until some clarification could be made with regard to who was responsible for these items as mentioned by the City Engineer. (RESOLUTION NO. 47 -81 - FORMATION OF YOUNG ADULT ADVISORY COUNCIL) The Mayor explained that this Council was to be formed to work with young people sent to them by the Police Chief or the Courts. It was felt that they should not go through the court system and receive Book 22 Page 213 a mark against their name. By going through this Board, they would receive work directed toward a beneficial nature and they would be under some type of management while doing the work. The Mayor then read the Resolution in full as follows: WHEREAS, The City Council of the City of Caldwell recognizes the need to assist the first time juvenile misdemeanor offender from repeating `,illegal acts, and; WHEREAS, the Police Chief and Canyon County Juvenile Probation Department are willing to assign young adults to the Council for restitution and /or retribution, and; WHEREAS, the Mayor is willing to assign work responsibilities to these young adults whereby they may benefit the community, and' WHEREAS, all necessary documents will be signed by the ` parents of the juvenile offenders which will stipulate that the City shall remain free from fault, and; WHEREAS, there are a group of responsible individuals willing to assume the duties of judging the young adults and determing the punishment to be awarded for their crime and the counseling necessary to assist them in recognizing the responsibilities they owe to their community and its inhabitants THEREFORE, BE IT RESOLVED that there is hereby formed an organization known as the Young Adult Advisory Council or Y.A.A.C. which will meet as needed to carry out these endeavors. Councilman Hopper was recognized and stated that in the last "Whereas" he would suggest that the word "crime" he changed. to "misdeed" or "mistake ". The Mayor agreed with this change. Councilwoman Mallea also stated that she would like to consider the word "retribution" in the second paragraph. It was her suggestion that "to injured parties" be inserted after the word "retribution ". The Mayor agreed to both of these.changes as suggested.. It was then MOVED by Hopper, SECONDED by Mallea that Resolution No. 47 -81 be passed as corrected. Roll.call vote. Those voting yes: Hopper, Carter, Betts, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: none. MOTION CARRIE NEW BUSINESS (REQUEST FROM KELLOGG MILLS - TWO BUILDINGS ON ONE METER) The Mayor called on Mrs. Robison to give the information with regard to the request from Kellogg Mills for two buildings on one meter. Mrs. Robison stated that Kellogg Mills has purchased property from Kits, North of Aven and East of Roedel Avenue. There was evidently a large warehouse there and they have had an office in a trailer. Bo of these establishments have been on one meter prior. They want to move the office over and keep therm both on the same meter. The City has requested that they fill out an affidavit stating that they will not separate the property unless they meet the requirements of the water ordinance. They have signed this document. Tim Shea was recognized representing Kellogg Mills and. stated that this was new property and they will be moving over to it some time before June. MOVED by Williams, SECONDED by Raymond that Kellogg Mill's be granted permission to have two buildings on one meter. (BID OPENING - BLOCK GRANT STREET IMPROVEMENT PROJECT) MOTION CARRIED The Mayor then called on the City Engineer, Ron Redmond, to open the bids for the Block Grant Street Improvement project. Book 22 Page 214 The bids were as follows: Asphalt Paving and Construction from Boise $ 124,503.89 Bid bond was included. Idaho Sand and Gravel from Caldwell 104,278.17 Bid bond was included. Boise Paving and Asphalt Company from Boise 101,330.50 Bid c bond was included. H & K Contractors, Inc., from Boise 116,475.90 Bid bond was included. J. M. Hess Construction from Nampa 99,580.17 Bid bond was included. The Mayor then stated that he would appoint a Committee consisting of the City Engineer, Councilman Carter, Councilwoman Williams and Mrs. Robison if needed to review the bids and bring a recommendation back to the City Council for action. The Mayor asked if there was a possibility of the bids giving the City some flexibility in putting the streets in. Mr. Redmond stated that if the bid was under the estimate by the Engineering Department, it would be possible to add streets. (PRELIMINARY AND FINAL PLAT OF WIL'S AIRPORT DUETS) The Mayor called on Mrs. Robison to discuss the Preliminary and Final Plat of Wil's Airport Duets. Mrs. Robison explained that this was a plat to separate ownership to existing duplexes that are on Airport between Woodlawn and Parkhurst Drive. A platting requirement was to grant a special use permit for the division of the duplexes which was being fulfilled now. The City has received a protective covenant on this. In checking with the Building Department, he has not yet reconstructed the fire wall or met 'the requirements of the fire wall between the buildings so they cannot be sold until the Building requirements were met. The Plat can be submitted to the Council for approval subject to him meeting the requirements. Mrs. Robison further informed them that this was located on Third Parkside. It was actually one building and the separation will be in the middle of the building by a fire wall. They will have the same sewer connections and have to have separate water meters. The plan was to sell each side separately which was becoming a very common practice. MOVED by Raymond, SECONDED by Hopper that the Preliminary and Final Plat of Wil's Airport Duets be accepted subject to meeting the Building requirements. MOTION CARRIED (DEEDS AND EASEMENTS) Mrs. Robison stated that she had two deeds to present to the City Council for acceptance. The first was a Deed from the State Highway Department which was actually proof by copy of the minutes by which they relinquished their interest in the property. This was the alley access right of way as discussed in the Vacation Bill No. 18. The_! .second deed was from the Southern Idaho Corporation of Seventh Day Adventists. Mrs. Robison stated that this was the remaining fifteen feet of right of way on Willow Street which completes the right of way for an L.I.D. that was done in 1965. MOVED by Hopper, SECONDED by Mallea that the City Council accept both of the Deeds as presented and instructed the City Clerk to have them recorded. MOTION CARRIED (CALDWELL ARMORY ASSOCIATION CLAIM) The Mayor informed the City Council that he received a letter from the Caldwell Aymory Association stating that they had enclosed a listing of the expenses incurred from January, 1981, to July, 1981, The letter further stated that these expenses were to be paid according to Paragraph Three of the Use Agreement dated October 1, 1962 Book 22 Page 215 Also included with the letter was a copy of this Agreement and copies of paid invoices for expenses which have occurred. The amount was $1,400 that they state the City owes them. The Mayor stated that he would turn this claim over to Councilman Raymond and Councilman Betts, representing the Armory Board and the Finance Committee, for proper disposition. (PRESENTATION OF CERTIFICATE TO RUTH S]PITZER) The Mayor stated that since Ruth Spitzer was not present at the meeting to receive a Certificate, he would turn the Certificate over to the Engineering Department for presentation. (MAYOR'S REPORT) 1. The Mayor informed the City Council that there was a lot of street lights`.that were out. The City was responsible for paying for the street lights whether they were on or not. The Mayor stated that he would ask that if anyone sees the street lights out to be sure report them to him or the City Engineer. 2. The Mayor reported that the City of Nampa was still not sure if the grass retardant used at the Cemetery was effective or not. The cost was $60.00 a gallon and the Mayor felt they would have to-find. it effective in their Cemetery before the City of Caldwell attempted. to use it. 3. The Plumbing Inspection fees were not ready for presentation, but would be for the next meeting. 4. The Mayor informed the Council that he received an offer from Blaine and Company in relation to the A.I.C. insurance which he would have copies made of and put in their boxes 'for study. 5. The Mayor said that the City Engineer received a copy of a personnel policy from the Association of Idaho Cities which Mr. Redmond had made some changes in. The Mayor said that he felt it looked real good and he would give a copy of it to Councilwoman Williams and Councilman Hopper for study. 6. The Mayor also informed the City Council that he received a letter from the Canyon County Organization on Aging enclosing the proposed transportation budget for the period October 1, 1981, through September 30, 1982, for the Caldwell Senior Citizens. The Mayor stated that he would turn this letter and budget over to Councilwoman Williams as she was on the Board and was also on the Finance Committee. (EXECUTIVE SESSION CALLED) The Mayor stated that he would like to.have a motion to adjourn into an Executive Session as the City .Attorney had several items to discuss with them with regard to personnel. MOVED By Williams, SECONDED by Carter that the City Council adjourn and convene into an Executive Session to discuss personnel pursuant to the Idaho State Code: Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED There being no further business, the Regular City Council Meeting Book 22 Page 216 was adjourned at 12:40 p.m. EXECUTIVE SESSION July 28, 1981 12:50 P.M. The Executive Session was called to order by Mayor McCluskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. After discussion with the City Attorney with regard to personnel the Meeting was adjourned at 1:35 p.m. APPROVED AS written THIS 4th DAY OF August 1981. ayor Councilman C ncilman ouncilman ATTEST: City Clerk/'C%