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HomeMy WebLinkAbout1985-09-03city council minutesBook 26 Page 172 REGULAR MEETING September 3, 1985 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: Mallea, Raymond, Norman, and Carter. Absent: Marcus and Cowles. (APPROVAL OF MINUTES) MOVED by Mallea, SECONDED by Norman to dispense with the reading of the minutes of the Regular City Council Meeting of August 19, 1985, the Regular City Council Meeting of August 26, 1985, and the Special Meeting of August 28, 1985, and approve them as written. MOTION CARRIED (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. Steve Walker, 223 Florida was recognized by the Mayor and informed the City Council and Mayor that he was present at the meeting on behalf of himself and also his neighbors on Florida and Hillcrest. They were located in the area where the work was being done on the L.I.D. and wanted to express their unhappiness with their City water bill just received. At the start of the project, they were told that they could be without irrigation water for two weeks and would have to use City water for irrigation purposes. As it turned out, they were without irrigation water for five weeks and consequently, had to irrigate their gardens, acreages and yards with City water. They were requesting that the City give them a break on the cost of using the City water. Both the Mayor and the City Engineer explained that the City's portion of the project was completed in two weeks, but the contractor took more time than was anticipated; They also pointed out some of the problems that should have been taken care of by the irrigation district that they were in. The City of Caldwell was not responsible for that particular area of town. The Mayor stated that in his opinion, they would have to pay the bill as presented to them. The City Council members made several comments pointing out that the project on Hillcrest was an improvement for the people in that area and they were told to expect some irrigation problems during construction. Mr. Chadbourne, 305 Soutl Florida was then recognized. Mr. Chadbourne addressed the City Council and Mayor stating that he would like to make a suggestion with regard to the speed of the traffic on Florida. In Nampa, he noticed that on streets where they have had speed problems the City has put in some dips to slow the traffic down. Councilwoman Marcus entered the Council Chambers and was counted as present. Mr. Redmond, the City Engineer, informed Mr. Chadbourne that once the street was improved there was plans to install a stop sign at Owyhee and Florida. It was hoped that this would slow the traffic down. The Mayor also commented that he was certain that speed bumps or anything of that nature were considered to be traffic hazards. Book 26 OLD BUSINESS (IRRIGATION STUDY REPORT) Page 173 The Mayor called on Ron Redmond, the City Engineer, to present this discussion. Mr. Redmond stated that some time ago the City Council looked to the Mayor and himself for direction as to what procedure to follow with regard to the irrigation problems in the City of Caldwell. in trying to address all the concerns coming from the City Council and come up with a solution that had a good chance of being implemented, the City Engineer said that he put together the following memo dated August 13th stating his recommendations: At the meeting of August 5th, a concensus of opinion as to the direction of how to proceed in resolving our irrigation problems could not be found. The Mayor and I were directed to offer a solution. Basically, the problems addressed were: 1. City -wide, district -wade or small local improvement projects. - projects limits? 2. Insufficient support to pass a general bond election (2/3 approval required). 3. Proposed solution becoming a political issue. 4. What could be presented that had a reasonable chance of success. The results of our City -wide questionnaire indicated that at least 550 of those responding wanted something done and would be willing to pay. This is very close to the 600 required to initiate a local improvement district. My recommendation would be for the City Council to initiate the formation of a local improvement district for our Caldwell Municipal Irrigation District. This would authorize expenditures for sufficient engineering work that preliminary project costs and property assessments can be made acid public hearings held. Those people not in favor of the proposed project could then voice their opinion at the hearing or through written testimony. If a sufficient number of people representing 500 or more of the property benefited testify that they do not want the project, the Council can drop the project as they may determine. ([Vote: Even though there is 500 or more against the project, the Council can still force the L.I.D.) Under this proposal, there will still be significant up -front costs. The costs for preliminry engineering and calculation of assessments would have to be paid along with mailing and advertising costs. None of this can be assessed against the L.I.D. (Only costs incurred after an L.I.D. has been formally formed can be assessed against the L.I.D.) This approach is suggested for the following reasons: 1. Project can be initiated now by commencing preliminary engineering. 2. Actual public hearing dates and public involvement can be scheduled after the election. 3. Project has best chance of passage as 500 of those riot wanting the project must document their negative opinion. I have requested J -U -B prepare an estimate of their costs for the meeting of the 26th. Book 26 Page 174 Mr. Redmond further addressed the possible project. If the City Council initiated the L.I.D., the City would have to do enough engineering work and assessment work that the people involved would be able to have a fairly good estimate as to what the costs would be. The public would then be notified just as the City does on other L.I.D.s as to what the assessments would be. To get that far, the Council would have to approve the initial costs. The public could then step forward and state their feelings with regard to the project. If 500 or more speak against the improvement, the Council could drop the project or force it. Under the premise that the Council would chose to initiate the improvements, Mr. Redmond said that he asked Mr. Chuck Larson, of J -U -B Engineers, to put together an estimate of what it would cost to perform the engineering and assessment work preparatory to notifying the people and holding the public hearings. A copy of this estimate was distributed to the Council along with the Engineer's recommendations. The approximate cost was $31,000. There was a lot of research work to do on ownerships and probably would riot be done until January, 1986. The hearings could be set for January or February and presuming that all went right, the final design would continue with construction starting in May of next spring. This project would them resolve all the problems at one time in the Caldwell Municipal Irrigation District rather than piece meal improvements that may take twelve to fifteen years to satisfy everyone. The Mayor informed the City Council that if the intent was to pursue the problems in the Caldwell Municipal Irrigation District, the action would be to give approval of expenditure of :Funds towards this project. There was considerable discussion with regard to the recommendation from the City Engineer. Mr. Redmond pointed out that this was a large project as they were talking about possibly two thousand properties with individual costs for each property. Councilwoman Mal-lea stated that she realized that something had to be done to replace the system and she would therefore MOVE and it was SECONDED by Norman that the City Council authorize the expenditure of funds for possible implmentation of an Irrigation L.I.D. for the Caldwell Municipal Irrigation District. Councilwoman Marcus asked Mr. Redmond if what they were talking about was installing a pressure irrigation system in the Caldwell Municipal District? Mr. Redmond stated that this was correct. Councilwoman Marcus then asked if the study was to ascertain the costs. The City Engineer said that this was no longer a study - it was the intent to move toward the actual commencement of those steps that have to be done to formulate a district for the Caldwell Municipal District. The City was beyond the study stage and was commiting to a specific direction. Councilwoman Marcus then asked if at a later date the other districts decided that they would like a pressure irrigation system, would the City be compatible. Mr. Redmond answered that this was one thing that was riot decided although it was discussed. If the City attempts tto include in the Caldwell system sufficient capacity to be expandable into the other districts, considerably more costs would be involved. From an engineering standpoint, providing for the other districts was the logical way to go. From a cost standpoint to the individual users of the Caldwell District, it would not be justified to charge them that additional cost. This would be a question that would have to be determined - do we want to provide for the rest of the City or just the Caldwell District. There could be significant differences in cost. Book 26 Page 175 Mr. Redmond also informed the Council that for those Districts where the City supplies them with water, the City would have to continue to supply them. Therefore, there may be some flood piping that would have to be continued. For those not directly connected, the option was there to go pressure if desired. Councilman Raymond asked where the $31,000 for engineering costs would come from - charged to Caldwell Municipal Irrigation District or other funds? Mr. Redmond stated that he would assume that this cost would come out of the irrigation budget. This was a project that was not budgeted for this year, but additional monies were budgeted this year. If it was determined to proceed with the District, those additional funds would not have to be expended. The attempt would be made to hold the flood irrigation system together for one more year and hopefully by the time of the irrigation season of 1987 the pressure system would be operational. The Mayor then stated that there was a motion on the floor and would now ask for a roll call vote, Those voting yes: Mallea, Marcus, Norman, and Carter. Those voting no: Raymond. Absent and not voting: Cowles. MOTION CARRIED Councilman Raymond commented that he was just not comfortable talking about just one district in the City when it was a problem that effects the total City. We have never had the other Districts down here to visit with us, but have heard that they are basically agreeable to go along with it. NEW BUSINESS (GAS FRANCHISE REPORT AND COMMITTEE APPOINTMENT) The Mayor stated that the Committee appointed would be Ron Redmond, the City Engineer, the Mayor, and Councilwoman Mallea. A letter directed to some of the questions that the City has with regard to their proposal was distributed to the Council. The Council members were also informed that a copy of the Franchise Contract was not made for the Council as it was quite lengthy. There was a copy available for any of them who cared to read through it. (BILL NO. 22 - AMEND LEGAL DESCRIPTION IN ANNEXATION ORDINANCE NO. 1698) Mrs. Robison addressed this proposed Bill by explaining that the State Tax Commission couldn't work with the description from the previous Bill. This description included the Elijah Drain and they did not have point of reference. J -U -B, the Engineer for Mr. Trumbull, was notified. Mr. Trumbull purchased the whole lot and was just going to develop that part West of the Elijah Drain. It was decided to include the whole lot so the State Tax Commission could get it on their maps. This was the reason for the amendment. The Mayor then read Bill No. 22 by title only as follows: AN ORDINANCE AMENDING ORDINANCE NO. 1698 TO REVISE WORDING OF LEGAL DESCRIPTION OF ANNEXED REAL PROPERTY. MOVED by Raymond, SECONDED by Norman to suspend the rule requiring that a Bill be read at three separate times and that Bill No. 22 be read by title only for the one reading. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles. Book 26 Page 176 MOTION CARRIED MOVED by Raymond, SECONDED by Norman that Bill No. 22 be passed and entitled Ordinance No. 1707. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (RESOLUTION PROCLAIMING ELECTION) The Mayor read the following Resolution in full as follows: A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 5, 1985, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE, NOTICE OF SUCH ELECTION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, THAT: Section 1. The General City Election will be held in and for the City of Caldwell, on the 5th day of November, 1985, at which time there will be elected a Mayor and three Councilmen to serve for a term of :four years or until the election of their successors. Section 2. The following are designated as the polling places for such election: For the Fourth Precinct For the Fifth Precinct For the Sixth Precinct For the Eighth Precinct For the Ninth Precinct For the Twelfth Precinct For Fifteenth Precinct Caldwell Public Library 1010 Dearborn Student Union Building College of Idaho Faith Lutheran Church 2915 South Montana Canyon Hill Church of Nazarene 903 North Michigan United Methodist Church 824 East Logan Wilson School Gym Tenth and Linden National Guard Armory 1200 South Kimball Section 3. That Betty Jo Keller, City Clerk is hereby designated as Registrar and the following as Deputy Registrars: Carla Murphy, Deputy City Clerk; Leona Nix, City Hall; Fourth Precinct, Dessie Cole; Fifth Precinct, Marsha K. Seable; Sixth Precinct, Robert E. L. Poland; Eighth Precinct, Judith C. Priest; Ninth Precinct, Phyllis Jewett; Tenth Precinct, W. Gene Doolittle; Twelfth Precinct, Nathelle B. Oates; Fifteenth Precinct, Myrtle Johnston. Section 4. The Clerk, for and on behalf of the Mayor and Council shall give public notice of the time and place of holding such General City Election by posting such notice in three public places or publishing such notice in at least two issues of the Idaho Press Tribune, a newspaper designated as the Official Newspaper for the City of Caldwell, Idaho, the first publication of such notice to be made not less than 45 days previous to the date of such City Election and the last publication riot more than 15 days prior to the election; the notice so published shall state Book 26 Page 177 the places of registration and the name of the Registrar and the Deputy Registrars, and the requirements for registration of electors at such City and such other information as may be necessary to give full facts of such election aril registration; said notice to contain such information in accordance with the requirements of Section 50 -436 of the Idaho Code. MOVED by Carter, SECONDED by Norman that the Resolution be passed proclaiming the election as stated. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Raymond, and Norman. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (CATERING PERMIT) The Mayor presented one Catering Permit for The Corral to cater at the Low Sensation Car Show at the Simplot Stadium on September 15th. The Police Chief submitted his approval, but the representative from the bar had not been in to sign the permit as yet. The Mayor therefore requested that the Permit be approved subject to the signature of Mr. or Mrs. Eagan. MOVED by Mallea, SECONDED by Carter that approval be given for the Catering Permit subject to the proper signature being secured. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea informed the Mayor and Council that she would like to discuss briefly a problem with respect to the Senior Citizens. The President of the Senior Citizens called her and said that City Council had approved a $20,000 match toward finishing their building and putting in their cooling system. A little dissention has come about in that someone has located cooling equipment, not compressor& not insulation, that has been in storage for ten years that they think they can purchase at a bargain. The Architect would not be involved and the plan was to bring it before the City Council tonight. Since the representatives have not come to the meeting, Councilwoman Mallea was not certain what had happened. It was the Seniors feeling that it was a good bargain, but Councilwoman Mallea stated that she would recommend the City Council to pass direction to these people through the Mayor that the City was interested in providing good equipment with a sure installation under the direction of the Architect. The Mayor said that Tom McGee called him before the meeting as he was the one who checked the equipment out. The Mayor further stated that he was a little apprehensive about used refrigeration equipment such as compressors and evaporators. If they sit around for ten years, the seal usually is gone. There was two doors there worth about $500 a piece and Mr. McGee thought they could gain by using the doors and selling the balance of the equipment. The Mayor said that who was going to sell the balance of the equipment was the part that bothered him. If it hasn't been sold in ten years, it didn't sound like a sure sell especially if the two doors were pulled off. Councilwoman Mallea further said that some direction was needed. With the used equipment, there would be no warranty involved which she felt was not to their advantage. She would therefore MOVE and it was SECONDED by Norman that the Mayor be directed to indicate the preference of the City Council towards buying new cooling equipment which has a warranty and will be installed under the direction of the present Architect for the Senior Citizen Building. Book 26 Page 178 Councilman Raymond questioned as to whether it was necessary to tell them what they have to do. The Mayor said that they had asked for this direction and Councilwoman Mallea also stated that there was a possibility of losing a considerable membership of the Board. It had become a .real problem at the Center and she felt there was a need for a message from the Council. Councilwoman Mallea and the Second, Councilman Norman stated that they would withdraw their motion if it was the Mayor's preference to investigate the situation further. Councilman Norman suggested that the Mayor talk with them and at least find out what the equipment was. It was agreed that the motion was all .right; that the Mayor would investigate the equipment,. The Mayor then asked for a roll call vote or) the motion. Those voting yes: Mallea,. Marcus, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED Councilwoman Mallea reminded everyone that any comments with regard to the Airport hearing held on the 28th should be written and handed in as soon as possible. Councilman Carter stated that the negotiating team for the Firemen's Contract will meet with the Firemen on Thursday morning at 8:00 a.m. (MAYOR'S COMMENTS) (EXECUTIVE SESSION CALLED) The Mayor stated that he would request a motion from the City Council to convene into an Executive Session at this time for the purpose of discussing land acquisition. MOVED by Carter, SECONDED by Norman that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2343 for the purpose of discussing land acquisition. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Raymond, and Norman. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED The Mayor reminded the Council members that they have a copy of the rough draft of the Chamber of Commerce lease. He would ask the Council members to look this over as soon as possible. The Grand Opening was to be the 23rd of September. The Mayor also said that there was to be a film shown at the Regular City Council meeting on the 16th of September. This film was the one mentioned during the hearing on the Airport development. The Airport Commission would be informed. There being no further business, the Regular City Council was adjourned and the City Council convened into an Executive Session which was adjourned at 9:00 p.m. APPROVED AS writ Septemb , 1985. Cou � • � 1.p t� rso %s�'s s - Counci .pers.. 11J Cotric`il r' n �IP EST: _ ss &,-- City Clerk DAY OF THIS 16th