Loading...
HomeMy WebLinkAbout1985-08-19city council minutesBook 26 Page 150 REGULAR MEETING August 19, 1.985 7:30 n.m. The Neeting 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: Marcus, Raymond, i`Zorman, and Carter. Absent: Mal.lea and Cowles. fAP1�POVAi OI' MINU'T'ES) MOVED by Raymond, SECONDED bar Marcus to dispense with the reading of the l- ainutes of the Regular City Council Meeting of August 5, 1085, and the Regular City Council Meeting of August 12, 1985, and apiarove them as written. MOTION CARRIED (,AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to speak to the Mayor and Council with any item that was not included on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS NE6'11 BUSINESS (PUBLIC HEARING ON ' H, VACATION OF ALLEY IN BLOCK 31, WASHINGTG13 HEIGHTS. Mrs. Robison stated that she had a sign up sheet available for anyone who cared to speak to the vacation of the alley in Block 31, Washington Heights. The Mayor suggested that as the hearing proceeded, Mr . Goodman be allowed to speak if he so desired. There was no one else present who indicated that they would like to sneak. The Mayor then requested that Mrs. Robison, the Planning and Zoning Director, give in explanation with regard to thi, request for vacation. Mrs. Robison distributed to the members of the City Council a drawing prepared of the location of the alley. A petition was received that was presented by Eldon and Shirley Marsh. This petition was carried throughout the neighborhood where the alley was located and everyone signed with the exception of Mrs. Barnett, wbo was not at home at the time. The alley has been used for private for about forty years and has never been opened. It was in an area where some of the alleys were opened and some were not, Garbage pickup has probably 'been traditionally on the street and some of the lots have been fenced in hack to where the centerline of the alley would be located. There caa7, an eight inch sewer line.. down the center of tl)e alley, there was also a two inch gas line two feet north of the centerline, and there is irrigation in that area. Therefore, a utility easement would be required to the City for the sixteen foot alley vacated, but this would not effect the usage of the ;property. The eight feet on each side would revert to the property owners for use, but they Would riot be able to construct any buildings or) it. Mrs. Robison further stated that everything was in order as the certified mailing was sent out, the legal notice was published, so it would be appropriate for testimony at this time if anyone cared to speak to the vacation. Book 26 Page 151 The Mayor them declared the Public Hearing open and asked if there was anyone in the audience who cared to object to tine closure of the alley. Mel Goodman was recognized and stated that along with his Mlot'ner he owned a piece of property an lath. He was wondering what would happen if the Power Company has to go down through the alley and take care of the transformers and tie alley was closed. Mrs. Robison answered that this was the reason for reserving a utility easement through the area. If there was a need for repairs, they could get i n there on the easement. Mr. Goodman commented that fences were built on the easement so how could the trucks get through. Mrs. Robison further stated that if there was a serious ;problem with one of the lines, the fence Cou13 ba removed temporarily. The Mayor also stressed the fact that the propery Owners cannot build a pf rmaCne nt structure in that area just because of the possibility of necessary repairs by the utility companies. The Elayor informed the Council that no one else had signed up to speak during the hearing and asked if the City Council members cared to speak to the vacation. Councilman Raymond inquired if there was an easement through tear: area for utilities. [ors. Robison stated that there would be a utility easement prepared before the alley was closed. The Mayor then declared the Public hearing closed and ask for action from the City Council. MOVED by Raymond, SECONDED by Carter that the staff be directed to prepare an Ordinance in anticipation of vacating the alley in Block 31, Washington Heights and that the utility easement be prepared and executed before the Ordinance is passed. Roll call vote. Those voting yes: Raymond, Norman, Carter. Those voting no: rnone. Absent and not voting: Mal Lea and Cowles. 'MOTION CARP.IFD (:HILL NO). 20 - AMEND THE CITY CODE REGARDIUC RESTRICTED USE OF CITY PARTS) The Mayor explained that there has been some restrictions on tte City Parks for a period of time, but the City really did not have Legal justification for doing so. That was the reason for this particular Bill being written. Also, with regard to Searoo Par's, t'nere was a desire to close it at 10:00 p.m. instead of 11:00 p.m. because of the ;proximity to the people Living in the neighborhood. The Mayor then read .bill No. 20 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 1, TITLE IN OF THE NUNIC IPAT, CODE OF THE CITY OF CAiDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO GENERAL OFFENSES AND ADDING A E77 ;'ti' SECTION 61 WITH RF;'GARD TO RF',STRICTED USE OF CITY PARIKS; REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN COEI,F?,ICT HERE ITH. - Councilman Raymond stated that he was in agreement with this proposed Ordinance and would like to point out that the Bill states that with special pernissiorn granted by the City, special activities can be knelt', during the hours that would normally be restricted. The Police Department has had some problems with people staying all night in the Parks. MOV'D by Raymond, SE',CONDEi) by Carter to suspeni:t the rule ecquiring that a Dill be read at three separate times and that a Dill gust he read in full and that the Bill be passed on the first reading by title only. Book 26 Roll call vote. Those vot Marcus. Those voting no: and Cowles. MOVED by Raymond, SECONDED and entitled Ordinance No. Page 152 ing yes: Raymond, Nor €ran, Carter, and ,)One. Absent and not voting: Mallea MOTION CARRIED by Carter that Bill No. 20 be passed 1705. Roll call vote. Those voting yes: Raymond, Norman, Carter, and Marcus. Those voting no: none. Absent and not voting: Mallea and Cowles. MOTION CARRIED (RESOLUTION REGARDING PROCEDURES FOR FRIVOLOUS LA'NSUITS) The Mayor informed the City Council that the Resolution was not prepared as yet, but there was no particular hurry. The City was constantly being hit with joint lawsuits which were those brought by an Attorney on a contingency free. Most of them were covered by the insurance companies and in most instances, the suit was not the fault of the City at all. The Mayor further said that if something wasn't dome soon, it was going to bind up the courts and break insurance companies. Frivolous suits are nuisance suits of this nature. The PMyor said that he wanted to encourage the City Council to pass a Resolution or by Motion that it was the intent of the Council to notify the City Attorney that the City will pursue and countersue any frivolous lawsuits. Uhen a suit was filed against the City, the City would countersue for a frivolous lawsuit and get the cost for Attorney. Councilman Carter stated that he would prefer_ using the term lawsuits with little or no more merit rather than frivolous lawsuit. The Mayor said that frivolous lawsuits was a term used by the Courts. The Mayor informed the Council that he would have the Resolution prepared and ready for the next meeting. Pocatello has already taken a stand with this regard by making this a policy in their city. There was some discussion with respect to uniting with the County on this procedure— (FINANCIAL 1REPORT) Councilman Norman reported that there was accounts payable in the amount of $352,875.47; a payroll. of $189,101.00 of which 555,711.18 making a total of 5597,687.65. MOVED by Norman, SECONDED by Marcus that approval be given for this report, checks be drawn for the amounts, and the Requests for Payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Norman informed the City Council that he met with the Golf. Board that morning and all was going well with the change in personnel, at Fairview_ Keith Stanwood was to take over the responsibilities at Fairview and place personnel. Councilman Norman further said that there would be a final Finance Meeting on Thursday morning with regard to the budget. This would be scheduled for 9:15 a.m, at City Hall. Book 26 Page 153 Commilman Raymond stated that he really didn't 'nave any committee reports, but would state that the Rodeo was a success. He also recognized Carla muriphy who was recently married and was acting as Clerk at this meeting. (mi CotlmzfvTS) The Mayor stated that he had sevoral items 'Co bring to the City Council at this time. The following memo from the City Engineer was ready by the mayor as follows: Bids for the lvbater Department Telemetry System were opened August 2, 1985 at 11:00 a.m. Three bids were received and the bidders were: Johnson Electric from Nampa, TO State Electric from Boise, and Romar Electric from Boise. All bids were in excess of the Engineer's estimate an( beyond the funds budgeted. I recommend that all bids be rejected. A review of the plans and specifications will be made and proper modificatiow made to attempt to bring down the cost of the project. We will rebid as soon as poss MOVED by Carter, SECONDED by Norman to reject the bids for the Telemetry System as recommended. MOTION CARRIED The Mayor read the following mic—mo from the City F The State has agreed to participate in the repair of the sidewalk next to Warren's store on Blaine Street. Funds will come from the Federal Urban Development Program and Will cover 90% of the construction costs. (Estimated, cw truction costs are SiO0,000 to $120,0 Than City, however, will be responsible for preparing plans and specifications to federal standards for the project. Therefore, I am recommending that the City enter into a7 agreement with Blakley Engineering in the amount of $17,800 for preparation of those plans and specifications. li Blakley has already prepared preliminary plans for the project along with soil borings. He would be the logical engineer to pursue the rcm.ainder of the project. ,10VED by Raymond, SEC0!Q by Carter that the City Engineer and Mayor be authorized to enter into an Engineering Agreement with Blakley Engineers as recommended for the repair of Warren's sidewalk, MOTION CARRIED The Mayor also commented that there was a special hearing with regard to Child Care Facilities. Councilwoman Marcus elaborated stating that the Governor's Child Care Task Force invited any interested persons to meet with them at the Caldwell Public Library on Wednesday, August 21st, from 3:00 p.m. to 5:00 p.m. The mayor stated that this meeting was confined to Police Chief, Fire Departments, and public officials. That evening between 7*00 p.m. and 9:00 p.m. was the meeting for all interested or the general public. There being no further business, the meeting was adjourned at 8:30 P.M. APPROVE'D AS written '1��T 3rd ! Y F September of Mayor 4 - Kicii - p l er l son Councilperson UqsaGdTTo,U _q0z) UOSaGdTTOUnOD 's TOU aqdTTOUnOD TTOU, uos � 9z 3100a