HomeMy WebLinkAbout1982-09-28city council minutesBook 23 Page 264
REGULAR MEETING
September 28, 1982
12:00 Noon
The Meeting was called to order b; Mayor McCluskey.
The Mayor requested that everyone stand and give the Pledge of
Allegiance to they Flag.
The Roll of the City Council was called with the following members
present: Raymond, L. Carter, J. Carter, Mallea, and Betts.
Absent: Cowles.
(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. The Mayor informed the City Council that Dee Naumann had
requested permission to speak to the Council with regard to the
proposals received on the water wheel in downtown Caldwell. Mrs.
Naumann was recognized and explained at some length the proposals
that had come about since she last spoke to the City Council. She
explained that she had talked with the Koch family and they were
enthused about the fact that some attention was being shown to that
property. There was an agreement from them stating that the water
wheel could be on that property or whatev er else was proposed to
beautify the area. Mrs. Naumann - then demonstrated by drawings some
of the ideas for the wheel, banks, bridge, foliage,, and etc.
Several questions came up during the discussion and it was the Mayor's
suggestion that perhaps both he and the City Engineer could gather
some of the information for Mrs. Naumann. The Mayor then informed
Mrs. Naumann that they would get back with her soon to talk about
the project further.
OLD BUSINESS
(BILL NO. 19 -- ORDINANCE NO. 1631 - DOG ORDINANCE)
The Mayor explained to the City Council that the copy of Bill No. 19
that was distributed to them contained the changes made by the
Chief of Police. The changes were minimal and actually could be
termed as cleanup corrections. The Mayor then pointed out some of
these changes for the City Council and explained why they were
corrected. The Mayor then read Brill No. 19 by title only as follows:
AN ORDINANCE TO AMEND TITLE IX, CHAPTER 2 OF-THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING
DOGS AND OTHER ANIMALS, BY REPEALING CHAPTER 2, AND ADDING
A NEW CHAPTER 2 ESTABLISHING LICENSE REQUIREMENTS, FEES
AND OTHER REGULATIONS FOR THE CONTROL OF DOGS AND OTHER
ANIMALS; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
OR PARTS THEREOF IN CONFLICT HEREWITH.
It was then MOVED by Raymond, SECONDED by J. Carter that Bill No. 19
be read by title only on the third reading and that Bill No. 19 be
passed as corrected and entitled Ordinance No. 1631.
Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter,
Mallea, and Betts. Those voting no: none. Absent and not voting:
Cowles.
MOTION CARRIED
(RESOLUTION ON THE FIREMEN'S CONTRACT)
The Mayor requested that approval of this Resolution authorizing the
execution of the Firemen's Contract be delayed until the next Regular
City Council Meeting as there was some question with regard to .figures
stated in the Contract.
(DECISION ON REQUEST TO CLOSE BELMONT STREET BETWEEN 12th AVENUE AND 13th
AVENUE)
The Mayor read the following letter that was received from the
County Commissioners:
Book 23 Page 265
The Canyon County Board of Commissioners is requesting
that Belmont Street between 12th Avenue and 13th Avenue
closed on permanent basis; street right of way be vacated
and ownership be transferred to the county. Canyon County
now owns all property on both sides of this one block of
street.
The Mayor explained that this decision was turned over to a
Committee at a previous meeting and he would ask for their_ report
at this time.
Councilman L. Carter reported that the Committee consisting of
Councilman Raymond, the City Engineer, the Mayor, and Councilman
L. Carter met and it was their decision that there was no harm in
the request and that the City should move ahead with it by setting -
the Public Hearing. The Committee did determine that there should
be an easement for future sewer and that input should be requested
from the Planning and Zoning Commission.
Councilman Raymond further comment bd that if the.Public.Hearing was
set for the 26th of October, it would give the Planning and Zoning
Commission time - to present the issue before that body. If the
Commission had any comments or testimony, they could appear at the
Public Hearing.
The Mayor then set the date of October 26th as the time for the
Public Hearing and that the Planning and Zoning Commission would be
so notified.
(RECONSIDERATION ON WINE LICENSE FOR DOGHOUSE)
The Mayor stated that the next item on the Agenda was a request for
reconsideration of approval of a wine license for the Doghouse. Mr.
Sam Chavez was recognized by the Mayor and stated that he would
like to speak with regard to this request.
Mr. Chavez informed the City Council that he read the report from
the Chief of Police and discussed the report with him. IIe did
understand that the City Council was concerned with problems that`
might occur in the future. There was calls made from the Doghouse
to the Police Department which involved potential problems, not
necessarily problems that actually happened. If it was felt that
any call would be termed an actual problem, the owners would be
afraid to call the Po1�°_ce Department. It was Mr. Chavez °s feeling
that they should be able to call without this fear.
The Mayor explained at some length the problems facing the City
Council with regard to problems in the establishments in town. Citie
were concerned with the fact that City Councils can turn down game
rooms as they have this power, but could not turn down a beer
license as there was no power to do so. The Law made it very
difficult for the City Council to be fair. It was the Mayor
recommendation that the City Council issue this wine license based
on a probationary period which was no reflection on the establishment
but simply would indicate that the City Council does not want any
trouble in that area and to call the Police when needed. The City
Council did not in any way want to stop the calls.
Councilman Raymond pointed out that one of the problems discussed
by the City Council was the inadequate parking at this location.
Mr. Chavez stated that he would acknowledge that the parking
was a problem, but the parking lot next to the building was
being blacktopped and the problem would.be taken care of.
Councilwoman Mallea stated that the City Council was concerned
about the continuing increase of Police calls to an establishment
of this kind and the potential for trouble. The record has not
been that good for the Doghouse and upon the recommendation of the
Police, the request for a license was denied. Councilwoman Mallea
asked Mr. Chavez if he could give her assurance that if she would
vote for approval of the license there would be no increase and a
possible decrease in the Police influence there.
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Mr. Chavez answered that he had talked with Mr. Stacey with regard
to the problems and he intends to try to handle the problems before
there is an actual need for a call. to the Police Department. They
felt that the problems should be faced before it actually occurs.
The Mayor pointed out that about f=ifty or sixty percent of the
City's cost of running a Police Department was tied up in some forty
establishments selling beer, wine, and liquor in the City of
Caldwell. This was where the Police Department reacts on the weekends
and also a great deal during the week. The in -house security
personnel at the establishment who initially take care of the problems
has been a great help in many instances. The City Council was asking
the Doghouse to help alleviate the problems by having a security
man at their place of business.
Mr. Chavez assured the Mayor and City Council :that they would try
to eliminate the problems at the establishment and did
their responsibility.
It was then MOVED by Raymond, SECONDED by Mallea that the wine
license be issued.
Roll call vote. Those voting yes: Raymond, L. Carter, Mallea.
Those voting no: J. Carter. Abstain: Betts. Absent and not
voting: Cowles.
MOTION CARRIED
NEW BUSINESS
(ROSE GARDEN SPRINKLER COST ESTIMATE)
The Mayor informed the City Council that there was a great desire
on the part of the Forward Club to have a better sprinkler system
at the Rose Garden. The Rose Garden did carry a lot of impact in
the community.
Councilman Betts pointed out that the Council did budget monies
for the sprinkler system, but the Mayor stated that there was not
enough money budgeted for this purpose. There was $12,000 budgeted
and one of the bids was about $49,.000.
Councilman L. Carter inquired as to whether the Parks Department
could install the system if the materials were purchased. The Mayor
answered that they were not sure if they had the knowledge to install
this type of system as it was a very selective system. It would
cost from $800 to $1,000 to draw tip the plans and normally it cost
about $8,000 an acre to put in the system. This was not including
the labor. The Department felt that if they could get the plan,
they could possibly install it a piece at a time.
Councilman Raymond stated that the City Council had taken an
affirmative action towards this project in that it was
budgeted. His feeling was that it should go back to the Parks
Department and they should put it together.
The Mayor further said that it seemed the only way to get it
started was to go with a plan and he wanted the City Council to be
aware that this was the way it would be done. City Council agreed that
they should proceed with the project.
(SET MEETING TO DISCUSS THE CITY ATTORNEY POSITION)
The Mayor informed the City Council that there was pending
legal problems in the City that needed to be taken care of
immediately and a decision had to be made as to the City Attorney
position. It was imperative that this decision be made by the lst
of October. It was the Mayor's suggestion that an Executive Session
be called to discuss this itemr:And he would ask to be able to
sit in on the Session_
(PROPERTY TRADE - IDAHO FIRST AND CITY)
The Mayor stated that he wanted to make the City Council aware that
the City of Caldwell now owned the Bank Building across the street.
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Councilwoman Mallea asked that the City be given a floor plan of
the building so that some preparations could be made.
(COMMITTEE REPORTS)
Councilman Betts informed the City Council members that he would
call a Finance Committee Meeting for Friday at 4:00 p.m.
Councilman Raymond reported that he attended the Mountain Bell
luncheon and Open House:. Also, Councilman Raymond stated that he
attended the presentation of the C.I.A. Award to Ted Buck at the
Caldwell High School the day before which he felt was very
successful.
(CHANGE ORDERS NO. SIX AND SEVEN STREET INTERCEPTOR)
The Mayor called on the Cit_ Engineer, Ron Redmond, to present
these change orders to the -City Council.
Mr. Redmond stated that the two change orders were with regard to
the Southeast Sewer Interceptor Project. One of the requirements for
redoing the road was that the City peel back open graded mix clear
to the center line and it-was originally intended that only the top
tenth would be taken off. When the State originally put it down, the
put a scrub coat underneath. It was physically impossible to take
off one -tenth and they found it necessary to take another tenth off.
Change Order No. 6 was for the extra pavement that had to go in
which was in the amount, of $9,037.56.
The other Change Order involved the new pump station at 21st and - the
Railroad tracks. It Was intended that the line that would connect
would be an eight inch line. As it turned out, it was a six inch
line down the way and when the pump station was triggered for a test
run, it surcharged that line. A Change Order was modified to put
the pressure line to another manhole that was about twenty feet away.
They also did an overflow situation so that when the pump station
goes on in an emergency situation, it has the capability of
dumping into two manholes and two individual lines rather than onE
The,second Change Order was in the amount of $1,366.90.
MOVED by Raymond, SECONDED by Betts that approval be given for the
two change orders as presented by the City Engineer.
Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter,
Mallea, and Betts. Those voting no: none. Absent and not voting:
Cowles.
MOTION CARRIED
(REASSIGNMENT IN POLICE DEPAR'T'MENT)
The Mayor stated that several people in the Police Department were
given reassignments. Both Lampson and Maybon were on patrol now
and the Mayor felt that the Council should have this information.
(APPOINT WATER BILL COMMITTEE)
The Mayor stated that he would like to appoint a Water Bill Committee
and 'would like to discuss this for a few minutes at the Finance
Meeting on Friday.
(RESOLUTION NO. 47 -82 - STADIUM LEASE)
The Mayor read Resolution No. 47.82 in full as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
LEASE AGREEMENT.
BE IT RESOLVED By the .City Council-, City of Caldwell:, that
the Mayor and City Clerk are authorized to execute that certain lease
agreement, a copy of which is attached hereto, and by this reference
incorporated herein by which City of Caldwell as lessor agrees to
lease real property known as Canyon Multi- Purpose Stadium., Canyon
County, Idaho, to School District No. 132, State of Idaho, as lessee.
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The Mayor stated that he felt sure that all members of the City
Council had an opportunity to go over this lease and he would ask
for action on the approval at this time.
MOVED by J. Carter, SECONDED by Betts that Resolution No. 47 -82 be
passed authorizing the execution of the Stadium Lease.
Roll call vote. Those voting yes: J. Carter, Mallea, Betts, and
L. Carter. Those voting no: Raymond. Absent and not voting:
Cowles.
MOTION CARRIED
(LETTER FROM CANYON COUNTY)
The Mayor read the following letter received from the Canyon County
Commissioners:
Attached is a copy of a statement from Ida -Ore which reflects
a cost to your city of $813.53 for Ida -Ore services.
We are reluctantly agreeing to participate in this program
for one more year. It is our opinion that this organization
should be self- supporting from the percentage of each grant
allowed for management and not have a need for a dues
structure.
Although we have a member on the board - - we have never seen
an acceptable accounting of the receipts and expenditures of
the Ida -Ore organization. We believe we are entitled to an
itemized statement of receipts and expenditures, at least
on a quarterly basis.
Please submit your warrant as soon as possible or if you do
not intend to pay your portion of the dues please advise us
of that fact over your signature so that we have your position
properly documented.
Thank you for your immediate response to this request.
After discussion, it was determined that the City Council would
delay this decision until it was decided if the monies were budgeted.
It was also suggested that a representative from Ida -Ore be invited
to come before the City ouncil to inform them what was available
from their office in the way of service to the City of Caldwell.
(REQUEST FROM LARRY KINLEY)
Larry Kinley, of Victors, was recognized and asked if there was any
way that the City could restrict activity at the Cougar Pit after
a certain hour, particularly on the weekends. Mr. Kinley did not
want the City to close the area, but simply felt that they were
gathering there too late at night,. The Mayor stated that he would
contact °the Police Department and have it closed at 1:00 a.m.
There being no further business, the Meeting was adjourned at 1:15 p.m.
ATTEST:
City Cie
APPROVED AS written THIS 5th DAY OF October , 1982