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HomeMy WebLinkAbout1976-08-03city council mniutesBook 17 REGULAR MEETING August 3, 1976 7:30 P.M. The Meeting was called to order by Mayor Pasley. Page 161 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Williams, SECONDED by Olesen to dispense with the reading of the minutes of the July 20th, 1976, City Council Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was any business to be brought before the City Council at this time that was not included on the prepared Agenda. Since there was none, the Mayor stated that they would proceed with the regular order of business. OLD BUSINESS (BILL NO. 22 - SECOND READING - CAPITAL IMPROVEMENT ORDINANCE) The Mayor said that the first order of business was the second reading of Bill No. 22 concerning the surchage on all sewer users in the City of Caldwell. Councilman Olesen read the Ordinance by title only as follows: AN ORDINANCE TO AMEND CHAPTER 3, TITLE 3, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING A SECTION TO BE KNOWN AS-SECTION 3 -3 -31, PROVIDING FOR A SURCHARGE TO BE LEVIED ON ALL USERS OF THE , CITY SEWER SYSTEM UPON PROMULGATION OF RULE AND REGULATION PROVIDING, THEREFORE, BY THE CITY ENGINEER AND APPROVED BY THE CITY COUNCIL; PROVIDING THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE APPROVED AND PUBLICATIONS ACCORDING TO LAW. MOVED by Olesen, SECONDED by McCluskey that this be considered the second reading of Bill No. 22. MOTION CARRIED (APPOINT COMMITTEE TO WORK ON TREE ORDINANCE CHANGES) The Mayor explained that at the :last Regular Meeting of the City Council he was instructed by the members of the City Council to appoint a Committee to work on tree ordinance changes. The Beautification Committee will be the official Committee to work on the Ordinance. The Mayor stated that he would like to appoint, in addition to the Beautification Committee, Councilwoman Bauman; Superintendent of Parks, Jes Payne; Councilman McCluskey, and Councilman Raymond. The Mayor asked that they report to the City Council after they have met and discussed the merits of the tree ordinance furnished from the City of Boise as compared to what we have for the City of Caldwell. Councilwoman Williams stated that she wanted to pass onto the City Council a comment that was made to her regarding the problem with the trees in Caldwell. The inquiry was made as to whether there was any way to promote an L.I.D. for the removal and the destroying of the diseased trees as there was so many Book 17 Page 162 people who could not afford to have them taken out. The Mayor also added that the repair of sidewalks where the trees have broken them up could be included. The Council agreed that the possibility of promoting such an Z.I.D. should be considered and that the Committee keep these two suggestions in mind. The Mayor also suggested that in preparation of the budget consideration should be given to making provision for funds to remove trees that have been declared diseased on City property. He also stated that after public notice was given and the people fail to remove the trees, the City Engineer will have them removed and the cost added to their taxes. He hoped that the Committee would look into these suggestions and the City Council would also like any suggestions that the Committee might have. NEW BUSINESS (BID OPENING -- RUDOLPH MANOR SEWER EXTENSION) The Mayor requested Mr. Horan, Finance Director, to open the bids received for the Rudolph Manor sewer extension. The bids were as follows: 1. Sommer Construction of Nampa Total bid: $ 18,884.00 2. Gell Shunn of Ontario 'Dotal bid: $ 17,876.40 3. MacGregor Utilities Construction, Inc. Total bid: $ 26,987.00 MOVED by Bauman, SECONDED by McCluskey that the bids be referred to Mr. Horan, Finance Director, and that permission be given to him to award the bid to the low bidder after reviewing the bids with Mr. Lewis, the City Engineer. MOTION CARRIED Mr. Horan asked that upon approval it be brought back to the City Council in Resolution form. (BILL NO. 23 -- ORDINANCE NO. 1391 - SET TRAIN SPEED) The Mayor explained that sometime ago the City Council by motion authorized the increase of train speed through the City from 25 m.p.b. to 40 m.p.h. with the provision that about 550 feet of fence be built between Ninth Street and Eleventh Street and all of the crossings from Fourth Avenue to Twenty -first Street be gated. These gates and the fence have been completed and the Union Pacific Railroad was notified that they could increase the train speed, The City failed at the time this was passed by motion to draw up the appropriate Ordinance to change this speed. The railroad was now asking the increase to be to 50 m.p.h. The Mayor consulted with the Chief of Police and he was in agreement that this would be a reasonable request, but that he did have reservations about any speed above 50 m.p.h. The comments received so far regarding the increase in speed as well as the gates and fence were all very favorable. It was the recommendation of the Mayor that ',the City Council increase the train speed from 25 m.p.h. to 50 m.p.h. Adopting this Ordinance would make the increase in speed completely legal. Councilman McCluskey said that he would be the sponsor of this Ordinance and read it as follows: Book 17 Page 163 AN ORDINANCE TO AMEND CHAPTER 7, TITLE IX OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY INCREASING SPEED OF THE TRAINS ALLOWED IN THE CITY OF CALDWELL TO 50 M.P.H.: AND PROVIDING THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO. Section 1. That Chapter 7, Title IX of the Municipal Code of the City of Caldwell be amended to read as follows: 9-7-1: SPEED OF TRAIN: No person, officer, agent, or employee of any railroad company, shall cause or permit any train, engine, or car to run, or to be run upon, over, or across any street or alley, from a point two thousand feet (2,000') west of Third Avenue, and continuing in an easterly direction two thousand feet (2,0000 East of Twenty-first Avenue, at a speed greater than twenty­f�ye fifty miles per hour (50 m,p,h,) Section 2. All ordinances or part of ordinances inconsistent herewith are hereby repealed. Section 3.- This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. MOVED by McCluskey, SECONDED by Williams to suspend the rule requiring the reading of a bill three separate daya and that Bill 23 be read the second time by title and the third time in full, section by section. The Mayor called for a roll call vote. Those voting yes: McCluskey, Williams, Raymond, Banks,and Bauman. Those passing: Olesen. Those voting=no none. Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by McCluskey, SECONDED by Banks that Bill No. 23 be passed and entitled Ordinance No. 1391 and that the speed be set at 50 m.p.h. Councilman Olesen questioned the City Attorney as to if the boundaries were stated correctly. Mr. Weston assured him that they were. Councilwoman Bauman asked if there was a gate at Linden Street at the present time. The Mayor said that there was not since Linden was half way in the City limits and the other half in the County. She suggested that perhaps Linden should be gated as well with the increase in the speed limit. Councilman McCluskey stated that this increasein speed means a great deal in dollars to the Union Pacific Railroad.and the gates cost about $50,000. The Mayor said that he would look into the possibility of having Linden Street gated. MOVED by McCluskey, SECONDED by Banks that the question be called for. MOTION CARRIED The motion before the house was for the passage of Bill No, 23 and that be entitled Ordinance No. 1391 with the train speed set at 50 m.p.h. Book 17 Page 164 The Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond,.and Banks. Those voting no: Bauman. Absent and not voting: none. MOTION CARRIED (VERIFICATION OF CATERING PERMIT - JOHN EAGAN) The Mayor explained that the City Clerk.;had.a request for a catering permit which did not fit in with the City Council Meeting as scheduled. It was for a College of Idaho Reunion catered by John Eagan at Simplot'S'tadium. The Clerk, therefore, contacted each of the City Council members by telephone for their approval as it was not possible to present it to the Council at their Regular Meeting before the Reunion. It was now necessary to verify this catering permit request as the State law required that it be approved by the City Council. MOVED by Williams, SECONDED by McCluskey that approval be given for the catering permit as issued by the City Clerk. (AVIGATION EASEMENT - GOIRI) MOTION CARRIED The Mayor explained that the City Attorney has been negotiating with Mr. Greener of Boise for a number of months concerning an avigation easement for the property belonging to Goiri. On July 29th, the City Attorney wrote a letter to Mr. Greener stating that the City of Caldwell had not received the proposed avigation easement. He further stated in his letter that if it was not received in the next few days we would have'no alternative but to petition the F.A.A. for an amendment to the Grant to delete the requirement that the avigation easement be required. The easement'was not received and the approval of the F.A.A. was received to delete the requirement and the Mayor felt that it would be prudent on the part of the City Council to withdraw the avigation easement offer of $7,500 to Mr. Goiri. MOVED by McCluskey, SECONDED by Olesen thatthe City of Caldwell withdraw the avigation easement offer to Mr. Goiri'in the amount of $7,500. MOTION CARRIED (ADOPT FORMAT OF AIRPORT HANGAR LEASE) The Mayor explained that the format of the airport lease was discussed during the City Council luncheon at noon and the changes talked about had been made. The leases were needed immediately so the people can get their hangars off the old airport before the end of August. MOVED by McCluskey, SECONDED by Olesen to approve the format for the airport hangar lease as it was presented to the City Council at this Meeting. MOTION CARRIED (PRESENTATION OF RIVER STUDY BY MR. STEELE) The Mayor introduced Mr. Robert Steele and Mr. George Capestany of Parametrix, Inc., an Engineering Firm with headquarters in Bellevue, Washington. The Mayor explained that they were representatives of their Book 17 Page 165 company and would like to present and discuss the possibility of a study of the water in the Boise River around the Caldwell Waste Treatment Plant. The Mayor stated that the City was in hopes of not having to spend the money for a new plant if they could possibly find the answer in some other way. Mr. Steele explained that they felt that the interpretation of the regulations by the State of the Federal Law was not entirely correct. The State was putting pressure on the municipalities to do something other than what was required by the Federal Law. Mr. Steele proposed bringing in a team of technical experts who would work from a mobile lab to study the Boise River water near the Treatment Plant. The main purpose would be to determine if the present Treatment Plant was capable of producing an effluent within the Federal Law. They would plan to start about August 9th, and would have a report within forty -five days. Some discussion followed the presentation by Mr. Steele. The Mayor asked if their recommendations would be such that it would be fundable by Federal or State Grants. Mr. Capestany stated that one of their jobs would be to convince the State and Federal Governments that it was a correct recommendations. The Mayor stated that the total cost of this study would be $12,607.00 and would be funded through Capital Improvement. He further explained that Mr. Steele and Mr. Capestany were here to make their presentation at the City Council`s request. Councilman McCluskey further explained that so much input had been made to the City regarding the fact that it was felt that the present Treatment Plant was doing a good job that they felt more study had to be made. MOVED by Raymond, SECONDED by McCluskey that the City of Caldwell enter into a contract with Parametrix to conduct this study and that the Mayor and City Clerk be authorized to sign this contract; and that the City Attorney be authorized to draw up a Resolution to affirm this decision to be approved at the next City Council Meeting. The Mayor called for a roll call vote. Those voting yes: Raymond, Banks, McCluskey, Olesen, and Williams. Those voting no: Bauman. Absent and not voting: none. MOTION CARRIED (DISCUSSION REGARDING RECREATION DIRECTOR'S JOB) Councilman Raymond was recognized by the Mayor. Mr. Raymond stated that he would Like to make a motion regarding the vacany in the position of Recreation Director. It was then MOVED by Raymond, SECONDED by Banks that the City Council indicate its intent to fill the vacancy of the Parks and Recreation Director and ask the assistance of the Parks and Recreation Commission in securing applicants and screening those applications. Much discussion followed this motion made by Councilman Raymond. The Mayor stated that he felt that this recommendation should originate with the Parks and Recreation Board. He had talked with some of the members and several had felt that this should not be a full time position. Councilman McCluskey felt that more input should be received and that the City Council should wait for the Commission to contact the City Council. Councilwoman Williams stated that she felt that the City Council, the Recreation Committee and Mr. Horan should all get together and discuss this before any decision was made. Councilman Raymond said he did not want to change his motion. Book 1/ Page 166 MOVED by Bauman, SECONDED by Williams to table the motion until the City Council members met with the Parks and Recreation Commission to discuss the matter. MOTION CARRIED Councilman Raymond also informed the City Council that he attended the first Nutrition Luncheon, in the Senior Citizen ® s Center. He reported that there was almost two hundred people there and that it was a complete success. (LIBRARY BOARD REQUEST) Councilwoman Williams informed the City Council that the Library Board was approached by the Armstrong family to buy their property next to the Library. She stated that she would like to have,permission or authority from the City Council for the Friends of the Library to negotiate. The Library needs this property now, she further stated, and she would like to have the authority so that Mr. Weston and Mr. Payne could negotiate for the Armstrong property. MOVED by McCluskey, SECONDED by Olesen that Councilwoman Williams be given authority to ask Mr. Weston and Mr. Payne to negotiate with the Armstrong family for their property next to the Library. MOTION CARRIED The Mayor informed the City Council that he understood he was to be criticized in the Statesman again in the morning regarding the fence that was erected at the back of the M. & W. Market. He felt that the blame should be directed back in the 1960`s when a variance was granted to build the store so close to the sidewalk. He felt that the City Council had done the best they could to help a bad situation and he had received several calls in favor of the fence having been built. Councilman Olesen stated that he felt the Council was doing all they could to remedy a bad situation and that there was no need to apologize for their action. Councilman McCluskey was recognized and said that he felt the type of journalism the Statesman was following was very detrimental to small towns and especially destroyed any desire for a part time politician to run for an office. There being no further business, the Meeting was adjourned at 8:45 P.M. APPROVED AS written THIS 17 th DAY OF Augus 19 76 City C1erk�' C/ — ATTEST: