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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. Book 23 Page 266 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. Book 23 Page 267 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. Book 23 Page 268 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