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HomeMy WebLinkAbout1980-09-16city council minutesBook 21 Page 277 REGULAR MEETING September 16, 1980 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: Williams, Raymond, Mallea, Hopper, and Carter. Absent: Betts. (APPROVAL OF MINUTES) It was MOVED by Mallea, SECONDED by Hopper to dispense with the reading of the minutes from the Regular City Council Meeting of September 2, 1980, and the Regular City Council Meeting of September 9, 1980, 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. A Mrs. Hughes was recognized and informed the City Council that she would like to speak with regard to the traffic danger on Fifth Street. She explained that there was a great deal of truck traffic on that street and that any children trying to cross the street were taking a big chance. The children have to cross Fifth Street when they get off the school bus and she felt that there should be a light, a double stop sign or something so that it would be safer for people to cross. The Mayor said that the Chief of Police was in the audience and he would ask for his comments at this time. The Chief was recognized and stated that this was about a seventy foot street with a speed limit of thirty miles an hour and when there was not a patrol car around the drivers do tend to increase their speed anywhere from five to ten miles an hour. The Chief further stated that he contended that about 900 of all traffic violations were unintentional. He stated that he really didn't know what the answer was with regard to this traffic on Fifth Street. The Mayor suggested that perhaps the Police Department could run radar out there. The Chief answered that they do run radar on Fifth Street, Cleveland Boulevard, and Blaine Street and do not hide the police cars. He further told Mrs. Hughes that they would run the radar as much as possible and continue to patrol in the hope that they could get the traffic slowed down. Councilman Raymond asked the Chief of Police if there was crosswalks at that particular place. The Chief stated that there was not, but there was at Dairymen's. The Mayor commented that if a crosswalk was put there on Fifth Street and a pedestrian believes that he can get across safely, he is kidding himself. He felt that if the pedestrian felt that the traffic will stop for them to cross the street, it could become more dangerous than without the crosswalk. The Mayor informed Mrs. Hughes that the Chief of Police would assist in whatever way he could to help the situation. OLD BUSINESS (THIRD READING OF BILL NO. 21 - BURGLARY ALARM ORDINANCE) The Mayor stated that the first item of business under Old Business was the third reading of the burglary alarm ordinance. Since a great number of the people in the audience were present because of this proposed ordinance and many of them had not read the Bill the Mayor said that he would read the Bill by Title and then give an explanation of what the body of the Bill contained. The Title was as follows: Book 21 Page 278 AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH SHALL BE DESIGNATED AS CHAPTER 22 OF SAID TITLE IV REGARDING BURGLARY AND ROBBERY ALARM PERMITS: PROVIDING DEFINITION OF LANGUAGE; SETTING FORTH REQUIREMENTS OF ALARM USERS PERMITS; PROVIDING FOR REVOCATION OF A PERMIT IN THE EVENT OF FOUR OR MORE FALSE ALARMS; PROVIDING CONFIDENTIALITY RELATIVE TO INFORMATION SUBMITTED; PROVIDING PENALTIES FOR VIOLATION; REPEALING ALL ORDINANCES, RESOLUTIONS ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor then went through the 'Bill reading portions with regard to the permits that would be required at a cost of $20.00 per year or $5.00 per quarter, that the revoked user's permit shall be obtained by filing an application and paying a fee, if a — residential alarm user is over the age of 65 and is the primary resident of the residence he may obtain a permit without a fee, there will be a $35.00 charge in addition to fee if a user fails to obtain a permit within 60 days after the effective date of this ordinance or who is more than 15 days delinquent in renewing a permit, stipulations with regard to alarm users required by Government, false alarms and procedure followed with regard to permit revocation, that all information submitted with regard to this ordinance shall be confidential, and that anyone violating any provision of the ordinance shall be guilty of a misdemeanor. The Chief of Police was recognized and stated that he would like to explain the reasons behind this :Bill being proposed by the City Council. Chief Astleford first stated that this was not his bill, but that one similar was in force at this time in Idaho Falls. The City Council was concerned about the number of false alarms that were being answered by the Caldwell Police Department. In 1977, there was 760 false alarms, in 1978 there was 988, in 1979 there was 1,052 and so far this year they have answered 672 false alarms. The owners of the businesses were either not teaching their employees how to turn them off or on and the Police were catching employees and running full bore to these places where the alarms were going of in an attempt to catch someone entering the business. The Chief stated that they were not only end.agering - -" the policeman's life, but also possibly endagering citizens. When they arrive, in some cases, the businesses think it is a big joke that the police have answered the call when it is the owner or employee going into their own place of business. The Police run these calls seriously considering that they will be trying to catch a thief. Wally Frank was recognized and stated that for most of the people who have alarm systems, this was the first time they have heard of the proposed bill. He further said that he would appreciate some time to look over the bill before the City Council votes on it. He felt that it was a stringent bil:L and that those involved would like a chance to study it. The Mayor stated that he concurred with this suggestion from Mr. Frank. He always assumed that everyone in the City was as concerned with regard to the City business as he was and that they would be aware of what was going on. He found out that this was not always true and when he became aware that the people who had alarm systems were not aware of the possibility of this bill being passed, he asked the Chief of Police to notify those who had burglar alarms on record of the meeting tonight which would have on the Agenda the third reading of this bill. The Mayor further commented that in the future if he felt there was anything controversial to be discussed by the Council, he would personally contact people on an individual basis. He further informed the audience that the Council did not have to pass the bill at this meeting. They could simply call it a work session and postpone the third reading. Peggy Matlock was recognized by the Mayor and inquired as to what the status was if a false alarm was caused by a power surge. The Chief of Police informed her that this would not be considered. a false alarm. Ives Jones was recognized and stated that his store had a lot of Book 21 Page 279 false alarms due to employee error. He felt that there was another way to look at this. The alarm systems were a deterrant for the whole City of Caldwell not just for the person having the alarm system. Those people installing alarm systems have a lot of money invested in Caldwell to serve the community and they were able to work closely with the Police Department. Mr. Jones did not feel the City should throw this out by penalizing the businesses when if there was eighty alarm systems in the City of Caldwell then there was eighty policemen on duty. IIe stated that he was very willing to pay the penalty, but if it was a malfunction then he did not feel he should pay the penalty. Roger Reed was recognized and said that he did believe that there should be some kind of control because if there was too many false alarms the Police were apt to become lax in answering the calls. He further commented that he appreciated being called with regard to the proposed bill, but would also like a chance to read it over as he believed it did need some study. Bill Hay was recognized and asked why the false alarms to the Fire Station didn't have a fine. The Mayor informed him that this did happen not too long ago. Mr. Hay further stated that it appeared to him that it would be the Police Chief who would determine if it was a false alarm or not. The Chief stated that if you answer a call and are met by an employee or the owner at the door, you can be fairly certain that it was caused by them and not an equipment failure. Mr. Hay also pointed out that cold weather can sometimes cause the alarms to malfunction. Again, the Chief explained that this was not what you would call a false alarm. The weather or surge of power would be considered a malfunction and not a false alarm. Mr. Hay further said that he did object to the fee for the permit, but did feel that the penalty for the false alarms was reasonable. Jack Carter was recognized and stated that he was concerned with the false alarms tying up the police. He suggested that perhaps the companies that put in the systems should be consulted to see if some of the malfunctions could be eliminated. Dale Haile addressed the City Council and stated that he felt the bill was no good. Those people who have an alarm and were not having any problems were going to have to pay the $20.00 and then the City Council would act as a jury. He felt that the bill was not really necessary and that everyone should sit down and talk about it and that it could all be resolved peaceably. He felt that the alarms were necessary to keep the crime down and if there was a charge to install, many of the people would not put them in. Mike Maenaka was recognized and said that he could see that there was obviously a problem with regard to the false alarms and he could understand the concern by the Police Department. He further commented that he would like to know how the program at Idaho Falls was working out and if it has cut down on the number of false alarms. After further discussion, the Mayor informed the audience that copies of the bill would be available for anyone who cared to read it over and that the Chief would check with Idaho Falls to see how the program has worked. It was then MOVED by Carter that the bill be tabled for at least two weeks and everyone interested get a copy of the bill, study it, and then bring in suggestions to the City. Councilwoman Mallea proposed an amendment to the motion to state that it be considered the first evening City Council meeting in October. Councilman Carter agreed to this amendment. The motion was then SECONDED by Mallea. The Mayor suggested that several of the businesses get together in groups and try to come up with some good objective suggestions instead of just criticism. He would leave this up to the citizens. Councilman Raymond commented that Mr. Frank had a good suggestion in his comments that a special workshop be called with alarm users to Book 21 Page 280 come up with suggestions instead of taking up so much time in a Council'Meeting. The Mayor stated that he felt this was the prerogative of the citizens and that they could call on the Chief of Police at anytime to meet with them and felt sure the would be glad to do so. The Mayor further said that he would be glad to come to their meeting if they wanted him to The Mayor then asked for a roll call vote on the motion. Those voting yes: Carter, Williams, Raymond, Mallea, and Hopper. Thos(- voting no: none. Absent and not voting: Betts. MOTION CARRIED The Mayor called for a short recess until those in the audience who cared to leave the Council Chambers could do so. The Meeting was reconvened by Mayor McCluskey. (REQUEST WITH REGARD TO FENCE - TED V.ANCE) The Mayor called on Mr. Vance to explain his request. Mr. Vance, of 405 Denver Street, was recognized and informed the City Council that he recently undertook a renovation of his property One of the things done was to build a new fence which was built on City property. He understood that most of the City Council members had been out to look at his property. His request was that the City Council grant him a variance to leave the fence where it was. The Mayor requested that the City Engineer explain the law with regard to this situation and how the fence should have been constructed to follow the Code. Mr. Lewis stated that the only fence that can be on a right of way was a vision fence four feet high. This has to take into account what the sidewalk situation was. Since looking at this, Mr. Vance informed. him that there was a sidewalk there, but it was in poor repair. The only kind of fence that can be on a right of way was a chain link fence, four' feet high and it must permit use of the sidewalk and not deter the sight triangle. Mr. Lewis then pointed out how the fence was constructed on a drawing for the benefit of the Council and the audience. The Mayor then asked if there was anyone from the audience who would care to comment with regard to this request. Cecil Harr was recognized and stated that with regard to the six foot part of the fence, it was readily visable that it was for security purposes for anything that might be parked. there. The six foot fence was not excessive for that purpose, although it was on City property, it did serve a purpose. Mr. Harr said that he would go along with this portion of the fence. The two foot walking area was wide enough to open a car door and step to the sidewalk without stepping in the water by the curb. I-Ie further said that the propert) has been so enhanced that he would like to see Mr. Vance retain the fence. Another gentleman from the audience was recognized and explained that he had five children that had to walk out in the street in order to pass by the property of Mr. Vance. He would appreciate it if the sidewalk was opened. He also commented that the van he parked there was also a visual problem. Another neighbor commented that the fence in the back was built for security reasons and he would hope that consideration would be given for the fence to remain. Councilman Betts entered the Council Chambers and counted as present. Mrs. Hughes was recognized and stated that she objected to the van being parked there along with Mr. Vance's car. She stated that people just could not walk along there at all, but have to go out into the street to get by the vain. Book 21 Page 281 The Mayor stated that the fact remains that the fence was built on City property and that was what the City Council has to address themselves to. It was built on a public right of way. The City has had the fence ordinance for some time and this particular stipulation has been there for some time. Councilman Raymond stated that he had been down twice to look at the area particularly with regard to the sidewalk. There was sidewalks nearly everywhere in that area except for Mr. Vance's property. There was a lot of children in the area. He was also concerned about allowing the fence to remain on City property as it would open up many other requests. This could cause the Council a lot of problems. Councilman Raymond felt that in this instance it was infringing on the right of the public to use the right of way. Councilwoman Williams,stated that her observation was that if the sidewalk in front was two or three feet wider and the fence moved back and vehicles parked somewhere else, the people could get by. People do have to go out into the street in order to get by. To add two or three feet to the sidewalk and move the fence back, Council- woman Williams felt would solve the problem. Councilwoman Mallea was recognized and stated that she had also looked at the area and at the time she was at his property there was a car parked there and her observation was that no one could pass between the car and the fence. She hoped that Mr. Vance realized that it was the prerogative of the City Council to force him to take out the fence and put the sidewalk back in as it was and take down the six foot fence on the side. She further said that she concurred with what Councilwoman Williams stated; that if he were to add three feet to the sidewalk under the direction of the City Engineer and move back the fence on the side to allow the public to use that area, she felt it would be acceptable. Mr. Vance pointed out that there was no sidewalk in the area on the side where he had the six foot fence. Councilwoman Mallea said that she realized this, but that she did not think that the City should give up all of this area for pedestrian use on that street. Mr. Vance was again recognized and stated that he was not there to harass his neighbors or cause confusion. He said that he just wanted to live in Caldwell and have a decent place to live. He further stated that he was perfectly willing to cooperate with the City Council and his neighbors in resolving this problem. Mr. Vance said that he would like to see Councilwoman William's suggestion given consideration. He was perfectly willing to move the fence back and make a four foot sidewalk across the front. He realized that this was City property and that the City could at anytime come in and do as they want with it. On the side of his property, there never was a sidewalk and he would really like to keep the fence there for security reasons as there was shops there. Another gentleman from the audience was recognized and stated that there was another problem as there was an easement there for ;,Golden Gate's irrigation line and if there was ever a break in the line, the sidewalk would have to be dug up. Mr. Vance said that he was aware of this and would be willing to put the concrete back as he knew his responsibilities. After further discussion, it was MOVED by Williams, SECONDED by Hopper that Mr. Vance be required to build three more feet of side- walk along Denver Street and hook into the other sidewalk and the six foot fence along the side be retained as it was unless it was removed later for sidewalks. Several members of the audience then questioned as to whether they could do the same thing as was granted to Mr. Vance. The Mayor stated that the Council could grant this type of request as long as the sidewalk was out to the edge of the curb and five feet back with the fence inside of the sidewalk. The City Engineer objected to many doing this because of the irrigation line... He stated that this was a stop gap for this particular situation and certainly can't set a precedence to go on because of the irrigation line. Mr. Lewis also commented that consideration should be given to restrict parking Book 21 Page 282 in front of the building. The Mayor stated that it was already illegal under the present City ordinance to park a vehicle over the sidewalk Councilman Hopper stated that he would certainly emphasize that this was a stop gap measure and in no way was the City Council accepting this concept all the way through town. Mr. Vance had improved his property immensely and the Council was trying to compromise with him. He also pointed out that Mr. Vance might be agreeable to the possibility of the irrigation line being dug up at some time, but what about the next owner of the property. It was suggested that this stipulation be put as a covenant to the property. Councilman Raymond stated that he was going to speak against the motion. I-Ie was willing to grant the front part with the side- walk out to the curb and being five feet, compatible with the City Engineer's plans for other sidewalks in the area. He did object to the fence on the side as he felt that they should protect the integrity of that four feet as City property. The Mayor then asked for a roll call vote. Those voting yes: Williams, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ACCEPTANCE OF BID ON PUMPIIOUSE FOR WELL NO. 12) The Mayor read the following memo submitted by the Engineering Department to the Bid Committee: The Engineering Department has reviewed the proposals submitted for the above pumphouse and recommends that the low bid of $11,750.00 submitted by Cook and Son Quality Construction of Caldwell be accepted. /s/ Dave Baker Project Engineer MOVED by Hopper, SECONDED by Carter that the low bid of Cook and Son Quality Construction of Caldwell in the amount of $11;750.00 be accepted and that the Mayor and City Clerk be authorized to execute agreement. MOTION CARRIED (BILL NO. 24; ORDINANCE NO. 1577; CHANGE OF NEWSPAPER NAME FOR CODE) The Mayor stated that the next item on the Agenda was the third reading on the amendment to the City Code to allow for the name change of the official newspaper. The Mayor read by title only: AN ORDINANCE TO AMEND SECTION 1, OF TITLE I, CIIAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO REGARDING OFFICIAL NEWSPAPER BY CHANGING CERTAIN LANGUAGE TO ALLOW FOR NAME CHANGE OF OFFICIAL NEWSPAPER: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Raymond., SECONDED by Williams that Bill No. 24 be passed and entitled Ordinance No. 1577. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Betts and Williams. Abstain: Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW .BUSINESS (RESOLUTION NO. 52 -80; AMEND PROCEDURE POLICY MANUAL FOR REHAB) The Mayor read Resolution No. 52 -80 in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL TO APPROVE AN AMENDMENT TO THE PROCEDURE POLICY MANUAL FOR TIIE REHAB PROGRAM. Book 23 Page 283 BE IT RESOLVED That the Mayor and City Council of the City of Caldwell, be and the same hereby are, authorized to amend the Income Guideline Qualifications of the Procedure Policy Manual for the Rehab Program which are attached hereto as Exhibit "A" and Exhibit "B" to be effective from July 1, 1980, through June 30, 1981. MOVED by Carter, SECONDED by Hopper that Resolution No. 52 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Carter, Betts, Williams, Raymond, Mallea, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 26; ORDINANCE NO. 1579; L.I.D. 80) The Mayor stated that he would declare the meeting open for a public hearing for discussion with regard to proposed L.I.D. 80. He then asked the City Engineer to give a brief explanation of the purpose of the L.I.D. Mr. Lewis explained that the Local Improvement District was anticipated to improve Hillcrest Lane from Georgia Avenue to Homedale Avenue. This was very much needed because of the narrowness of the pavement. The work involves curb and gutter, paving and a minimal amount of sidewalks and improvement of the streets to that extent. The estimated cost was $37,000.00 and it was proposed to do this work under a Local Improvement District where the costs will be assessed to the adjacent lands that were benefited. The Mayor then asked if there was anyone from the audience who would care to speak for this L.I.D. Since there was no one, the Mayor asked if there was anyone from the audience who cared to speak against the L.I.D. Councilman Betts was excused from the Council Chambers. Terry Fackrell was recognized and stated that he lived on the corner of Hillcrest Lane and Homedale Avenue. He further said that it appeared to him that at one time the street under discussion was paved and the contractor who did the development along there had to have the street torn up for sewer and water lines to be put in. It seemed to him that the contractor who did this should bear the brunt of the cost to have this improvement done. Mr. Lewis stated that the street there that was paved was on the South half of the right of way. There wasn't any on the North end. That pavement was 'a- ,:b.uilt up type of pavement put in by the County years ago. It wasn't to a grade as you can observe East of Mr. Fackrell where the pavement does not meet the curb. It will have to be removed to provide for fitting the curb. It did not have adequate base and just simply was not a standard that could be promulgated into a street. Mr. Fackrell discussed further with the City Engineer and the City Council the future of Homedale Avenue and the construction of the sidewalks in the project. Since there was no one else who cared to comment with regard to the L.I.D., the Mayor declared the public hearing closed. The Mayor then read Bill No. 26 by title only as follows: AN ORDINANCE ESTABLISHING AND CREATING LOCAL IMPROVEMENT DISTRICT NO. 80 FOR THE CITY OF CALDWELL, IDAHO, FOR THE PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS, STATING THE STREETS UPON WHICH THE SAID IMPROVEMENTS ARE TO BE MADE, PROVIDING THE KIND AND CHARACTER OF THE PROPOSED IMPROVEMENTS WHICH ARE AN ORIGINAL IMPROVEMENT; DESCRIBING THE BOUNDARIES OF SAID DISTRICT AND THE PROPERTY THEREIN TO BE BENEFITED BY THE IMPROVEMENTS TO BE MADE; PROVIDING FOR THE TOTAL ESTIMATED COSTS AND EXPENSES 0 F IMPROVEMENTS TO BE LEVIED AND ASSESSED AGAINST THE ABUTTING, ADJOINING, AND ADJACENT LOTS AND LANDS Book 21 Page 284 TO BE BENEFITED BY SAID IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT OF THE COSTS AND EXPENSES OF SAID IMPROVEMENTS ASSESSED AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS AND LANDS; PROVIDING FOR TIIE APPOINTMENT OF AN ENGINEER TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS HEREBY ORDERED .AND PREPARATION AND FILING OF AN ASSESSMENT ROLL AND A LOCAL IMPROVEMENT DISTRICT MAP PURSUANT TO THE PROVISIONS OF SECTION 50 -1712, IDAHO CODE; PROVIDING A PROCEDURE FOR THE FILING, CERTIFICATION, NOTICE OF HEARING AND CONFIRMATION OF SAID ASSESSMENT ROLL, AND FOR THE NOTICE AND PAYMENT OF ASSESSMENT INSTALLMENTS SO CONFIRMED, CREATING CERTAIN FUNDS AND DOCKETS; PROVIDING SEPARABILITY; AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Williams to suspend the rule requiring the reading of a Bill three separate days and that Bill No. 26 be passed on the first reading. Roll call vote. Those voting yes: I- Topper, Carter, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Hopper, SECONDED by Williams that Bill No. 26 be passed and entitled Ordinance No. 1579. Roll call vote. Those voting yes: Hopper, Carter, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED The City Engineer was recognized and stated that he had the plans and specifications for the work and in order to get the work done this year, they did need to go to bid. They anticipated advertising in the next three weeks and opening the bids on the 7th of October at the Regular City Council Meeting. The completion date for the work was November 14th. Mr. Lewis recommended that the City Council authorize the advertisement for bids for L.I.D. 80 by motion. MOVED by Raymond, SECONDED by IIopper that authorization be given for advertising for bids for L.I.D. 80. MOTION CARRIED (APPOINTMENT OF MACK KREIZENBECK TO A]:RPORT COMMISSION) The Mayor stated to the City Council that he would recommend that Mack Kreizenbeck be appointed to the Airport Commission since Jim. Dakan did resign from the Commission. MOVED by IIopper, SECONDED by Carter that the Council accept the recommendation of the Mayor to appoint Mack Kreizenbeck to the Airport Commission. MOTION CARRIED (BID OPENING FOR ROOFING AND INSULATION AT THE FIELDI-IOUSE) The Mayor called on Mr Lewis, City Engineer, to open the bids for the roofing and insulation at: the Fieldhouse. . Mr. Lewis informed the City Council that he had only one bid which he would open. The bid was from Schofield Roofing. There was a check for 50 of the bid, and the bid was for $6,626.00 and there was also a fifteen to twenty year life expectancy and a two year guarantee. There was some items that were not included in the bid price and were left: open. This amount was $826.00. MOVED by IIopper, SECONDED by Williams that this bid be referred to the b id committee for study. Councilwoman Williams stated that she would hope that they could get this done very soon as the weather lately could have done a lot of damage. Book 21 Page 285 Councilman Raymond was recognized and stated that if the Committee found the bid in order, he would like to authorize to go ahead on the project. He didn't feel it should be delayed any longer. The Mayor stated that he would appoint himself a member of the Committee along with the City Engineer and the Assistant Engineer and they would proceed from there. Councilman Hopper suggested that if the Committee does determine it was in order before the next Council Meeting, the Mayor poll the City Council members so the work can be started. The Mayor then asked for a vote on the motion. MOTION CARRIED MOVED by Raymond, SECONDED by Hopper that the Mayor poll the City Council as soon as the Committee takes action if it can be expedited before the next Tuesday Regular City Council Meeting, MOTION CARRIED (PRELIMINARY AND FINAL PLAT OF TREASURE VALLEY TOWNHOUSES) The City Engineer informed the City Council that the townhouses were located on Georgia.4nd Locust. Mr. Lewis further said that proposed was twenty -two townhouses which were to be on Locust Street which was not now improved, but the intention was to improve the street at least under the half street policy. They hope to coordinate their street construction with the Devco Development across the street. If that was not possible, then they were dedicated to the half street policy. There will be City water furnished under the City water extension policy and there was sewer already available. The Planning and Zoning Commission has reviewed it and approved both the Preliminary and the Final Plat. This was done subject to defining of documents which must be filed with the City to take care of all the common interests as this was a P.U.D. type of development. Lot 23 was not proposed to be developed at this time and was anticipated to be developed later. This would be the second phase of this P.U.D. and they may come in with a plan on the development of that. The special permit that authorizes this was one that was passed many years ago on the Elk's property and was still being honored and the Planning and Zoning Commission recommended that the City Council honor it. Also, the criteria applied to this was not the present ordinance, but the old ordinance of 3,000 square feet per living unit. The City Engineer recommended that the City Council accept the plat subject to the filing of the documents that go with it. MOVED by Raymond, SECONDED by Carter that the Council accept the Preliminary and Final Plat of Treasure Valley Townhouses subject to the stipulations as indicated by the City Engineer. (REQUESTS TO ATTEND SCHOOLS) MOTION CARRIED The Mayor read the following letter addressed to the City Council and the Mayor: I am submitting this request that I be allowed to attend the Idaho Advanced Operator's Technical School October 7, 8, 9, 1980, to be held at Boise State University. This school, which is for Class III & IV personnel and those who have spent some time in the wastewater field, is being sponsored by the Idaho Department of Health and Welfare and BSU Vo Tech School. Cost for the 3 day session if $25.00, including luncheon on Wed., October 8. /s/ Glen D. Hollis I concur in Glen's request and urge that the Mayor and Council approve his attendance at the Idaho Advanced Operator's Technical School. I have reviewed the agenda and find there is quite a number of items that should be of interest and benefit Book 21 Page 286 as background information and direct application to the operation of the City's Wastewater Treatment Plant. /s/ Melvin G. Lewis, City Engineer MOVED by Hopper, SECONDED by Carter that approval be given for this request of Glen Hollis to attend the Advanced Operator's Technical School and that a brief written resume be submitted to the City Council with regard to the school. MOTION CARRIED The Mayor then read the following letter to the Mayor and City Coucil: Jack Johansen, Water Superintendent, has requested that he and Gary Shoemaker attend the short school in Boise October 7, 8, and 9. The school is for advanced operators and Jack thinks that Gary Shoemaker would profit in the knowledge he would gain even though he hasn't worked for the City any great length of time. I would recommend that both be permitted to go to the school. The expense would be $25.00 per person for registration. /s/ Mel Lewis, City Engineer MOVED by Carter, SECONDED by Hopper that approval be given for Jack Johansen and Gary Shoemaker to attend the Idaho Water /Wastewater Advanced Operator's Technical School and a brief resume be submitted with regard to the school to the City Council. MOTION CARRIED (KEMP- FILLMORE DRAIN) The Mayor read the following letter that was addressed to William C. Morrison, City Attorney, with regard to Kemp vs City of Caldwell:` As you may be aware, my clients, George and LaReena. Kemp, reside at 924 Fillmore Street, Caldwell, Idaho. The property was severely damaged as the result of water from the City of Caldwell sewer system backing up into their basement, such event occurring approximately a year ago. The Kemps have made numerous attempts to seek re -dress from the City of Caldwell, but have essentially been stalled without receiving an informative answer as to whether the City of Caldwell would or would not settle with them for the damages they suffered. I would, therefore, ask you as Caldwell City Attorney, to give an affirmative answer so that Mr. and Mrs. Kemp may know where they stand and so they may know what further action they need to take in this matter. /s/ Fuller $ Harris, Chartered The Mayor informed the City Council that they would need to direct themselves as to whether they were going to disclaim responsibility for the damage or accept responsibility for the damage. The Mayor further commented that he did not consider the damage caused to the property as coming from the City of Caldwell sewer system as they were obviously hooked up to the Fillmore Drain which was not a portion of the City sewer system. The Mayor would encourage the City Council to disclaim responsibility and turn it over to the City Attorney for ptoper action. MOVED by Mallea, SECONDED by IIop-per that the request for damages be disclaimed and that it be turned over to the City Attorney for further action. MOTION CARRIED CLAIM FROM TIIE TELEPHONE COMPANY) The Mayor explained that the Telephone Company has a claim against the City of Caldwell in the amount of $319:47. The following was an Book 21 Page 287 answer to this claim submitted by Dave Baker, Assistant Engineer: The City of Caldwell does not feel that the $319.47 claim submitted for damage to a 100 -pair cable in front of 1910 College Avenue is justified. The reasons for this are as follows: I. The buried cable was not marked at the time our crews were digging in the area. The Irrigation Superintendent observed the markings on the opposite side of College Avenue and had no reason to think there would be buried cable on both sides. 2. The cable was buried only 15 inches deep rather than the 30 to 36 inches which is normal. 3. The cable was lying on top of an irrigation line which we do not permit since we must be able to maintain these lines, 4. We feel that caution was exercised in this case since t'ie crew was diggingby hand (not with a backhoe) at the time the cable was damaged. 5. The crews are always cautious with regard to buried utilities of all kinds which should be evident from our past record. The Mayor requested that the City Council disclaim responsibility for this and that he be authorized to write a letter to the Phone Company. MOVED by Carter, SECONDED by Hopper that this claim be disallowed and that the Mayor write a letter to the Telephone Company. Councilman Raymond stated that he would like to suggest that the motion be changed or added to requesting a reply from the Phone Company. The Mayor stated that he would do this in the letter if desired. MOTION CARRIED (CATERING PERMITS) The City Clerk presented a Catering Permit request submitted by the Cimarron to cater for the Eagles Lodge Dance to be held on September 27th at the Lodge. The Chief of Police gave his approval and the fee was paid to the Clerk's Office. MOVED by Hopper, SECONDED by Williams that the Catering Permit as presented be approved. MOTION CARRIED (NOTIFICATION FROM H.U.D.) The Mayor reported that there was a memo from the H.U.D. Office in Seattle that they have accepted the City of Caldwell's Environmental Report that was prepared by E.D.A. without any further ramifications. The City will, therefore, be receiving soon an application for grant monies. (STORM DRAIN DAMAGE ALERT SYSTEM) The Mayor reported to interested citizens present that the City of Caldwell has made quite an extensive study of this problem. The first thing that was discovered was that there was some possible ways to eleviate this possibility of basements flooding. One of the ways to eleviate this was to remove a number of inches of water in a particular drain in advance of a storm. The City has a system that they are not all that proud of. 'The system uses the storm drain and the irrigation delivery simultaneously. The City admits that this was not proper, but was established many years ago, but they were trying to do something now. The first thing they found out very quickly was that there was only one man in the City of Caldwell that was qualified to know where to go to pull boards in five different irrigation boxes that were causing the damage. This would not eleviate the problem, but was a stop gap measure. It was felt that if a tremendous rainfall came as has happened recently that this would temporarily help the situation. Further measures would have to be Book 21 Page 288 discussed to help the overall situation. Last Friday there was a two hour staff meeting and some of the people who had problems with flooding were called to attend the meeting. There was a committee chosen called the Storm Alert System and several of the community were appointed to this committee. Also, there was five people from the City staff appointed to the same group. When a storm starts to move in, any one of that body was to get hold of the Mayor or any member of the City on the committee and tell them that they should do something. The radio station, K.C.I.D. was also involved and had a list of the people on the Committee and were aware of the problem as they do have some advance knowledge of the weather pattern. The boards were pulled before the storm last Friday and the Mayor felt that there would have been much more extensive damage if they had not been pulled. It takes three or four hours for the water level to move through the system so the City needs as much time as it can get to have any results. Another meeting was held with City personnel who went out to look at the particular boxes - - -- so they would know the location. There was additional tongs being made to pull the boards which were required. They will be available at the Police and Fire Departments. Another meeting was scheduled :f( this week to decide what was going to be done for future action. The Mayor and the City Engineer along with others involved were convinced that the first thing they should direct themselves to was a method of studying the drainage: system in the City of Caldwell. Mr. Lewis has addressed this for some period of time, but it takes being involved in what can happen to completely convince yourself that there is a problem. The Mayor further stated that the City Council knows that there is a problem and plans to do something about it although they have no idea where the money will come from.. The Mayor also infomred one member of the audience who questioned as to the cleaning out of the drains that the sewer department have beer told to keep the drains clean. (FINANCIAL REPORT) Councilwoman Williams informed the City Council that there was a tota for requests for payment in the amount of $573,701.03; a payroll in the amount of $165,740.06 of which $28,000.00 was fringe benefits. MOVED by Williams, SECONDED by Carter that warrants be issued for all the Requests for Payment and the Requests for Payment filed it the Clerk's Office. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams commented that the taxi driver did have the wrong information as he was under the impression that he would be pai 15¢ a mile for every person in the R.S.V.P. van. Councilman Hopper pointed out that the Recreation Department was in great shape financially. At'the present time there was a balance of unexpended monies of $42,000.00. Of particular note was that the Recreation Fund has on hand $85,875.00 in the Bank. Councilwoman Mallea reported that the Historical Commission was preparing for the Caldwell Centennial in 1983. Councilman Raymond reported that he was no longer a member of the Health Systems Review Committee. The Mayor reported that he had received word that the Juniors were being selected from the High School to serve on the Recreation Board. Councilwoman Mallea further said that they were nominated and would proceed with the selection. ATTEST: City Clerk There being no further business, the Meeting was adjourned at 9:50 n.m.