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HomeMy WebLinkAbout1979-10-02city council minutesBook 20 REGULAR MEETING October 2, 1979 7:30 p.m. The Meeting was called to order by Mayor Pasl.ey. Page 316 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Olesen to dispense with the reading of the September 18, 1979, Regular City Council Meeting and the September 25, 1979, Special City Council Meeting and approve them as written. Roll call vote. Those voting yes: 1Villiams, Raymond, Hopper, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. (AUDIENCE, PARTICIPATION) MOTION CARRIED The Mayor asked if there was anyone from the audience who cared to present anything before the City Council at this time. Since there was no one, the Mayor declared that the meeting would continue as outlined. (ADDITIONS TO THE AGENDA) The Mayor stated that he had several additions to the Agenda that he would ask permission from the City Council to add to the prepared Agenda.. The first was consideration of an Addendum to the Fixed Base Operator's Agreement, the second was a request from the Parks and Recreation Board to consider a donation from the Recreation Fund for football helmets for the Little League Football players, the third was a. request to pour concrete before a zoning change at the old Mallory place at the end of Eleventh Street North near the freeway, and the fourth was a request for a mobile office at the same location. MOVED by McCluskey, S1 by Williams that permission be given for these items to be added to the prepared Agenda. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FROM CUSTOM PLAST -ECS) The Mayor stated that he had received a letter that afternoon from Custom Plastics addressed to the Mayor and City Council of the City of Caldwell as follows: We request that the City of Caldwell allow Custom Plastics, Inc., to move a mobile office to the Northeast corner of our present location., This is to be leased from Minor Leasing of Nampa, Idaho. We are engaging in an expansion program. Because of this, we need to have more clerical. personnel immediately. This will be a temporary office until the summer of 1950. Respectfully, /s/ David May, Vice President of Custom Plastics The Mayor further commented that in conjunction with that the City was asked to consider the :fact that this Plastics firm located on the old Mallory property located. at the end of Eleventh Street North of Freeport wanks to expand and a zoning change would be required from R -2 to C -3. The Comprehensive Plan shows this area as being zoned Commercial. However, this was not accomplished. Book 20 Page 317 They wish to get permission from the City Council to issue a building permit so that concrete could be poured in the present warm weather. The zoning change would take approximately, going through channels, until December ist. This request was made by Tony Gabiola. They realize that they would be taking a gamble if the Council gave permission for them to pour the foundation and then the zoning change was not approved. It would then be their loss, but they just can't wait to pour the foundation until December. MOVED by McCluskey, SECONDED by Olesen that the City of Caldwell grant both items subject to a temporary basis until the Planning and Zoning Commission changes the zoning. Councilwoman Bauman questioned how the Council could make a decision like this without having a public hearing. She stated that she felt very reluctant to allow them to pour the foundation as there may be neighbors in that area who can see or have some problems. She further commented that it would be very difficult to go back on a decision once the concrete was poured. Councilman Olesen said that he recognized that possibility, but he stated that they also recognized this possibility. The Mayor said that if the zoning was not changed, they would simply lose their investment in the foundation. Councilwoman Williams stated that she had no reluctance at all and Councilman Raymond said that he did not see why it was zoned R -2 in the first place. Councilman Raymond also pointed out that this was another means of trying to help another industry that was trying to expand and as long as it was not harming the neighborhood he could see nothing wrong with giving this permission. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Hopper. Those voting no: Bauman. Absent and not voting: none. MOTION CARRIED (REQUEST FROM PARKS AND RECREATION BOARD REGARDING FOOTBALL HELMETS) The Mayor explained that at noon Councilman I-topper had discussed with the City Council the possibility of helping in the purchase of football helmets for the Little League Football players. It was the general opinion of the City Council that the City should financially help in the purchase of these helmets. The Mayor then called on Councilman IIopper to introduce this proposal. Councilman Hopper stated that for the purpose of the discussion and at the request of the Parks and Recreation Board he would like to make a motion with regard to this item. It was then MOVED by Hopper, SECONDED by McCluskey that the City Council allow from a minimum of $400.00 to a maximum of $1,000.00 covering the assistance in purchasing some new style protective helmets for the Little League football players. The Mayor explained that these helmets would belong and remain with the Exchange Club. The Exchange Club, parents, and the sponsors would be helping with the purchase of the helmets as well. Councilman Raymond questioned as to how the amount would be determined. Councilman Hopper stated that the Council could refer it back to the Park and Recreation Board and he would encourage the Board to establish the figure that they would want it to be. He also stated that he did not feel that it was unreasonable to go as high as $1,000.00 especially when some help was given to some tennis youngsters last summer. Roll call vote. Those voting yes: Hopper, Bauman, McCluskey, Olesen, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 20 Page 318 Councilman Hopper reported that the Parks and Recreation Commission had. called a Special Meeting for the next afternoon to discuss whatever the decision was made by the City Council at this meeting. Councilman Hopper also commented that he would request that the records show that the Finance Chairman and the Chief Accountant will. determine which. line item this amount will come out of. (ADDENDUM TO THE FIXED BASE OPERATOR'S AGREEMENT) The Mayor stated that he would like to present the proposed Addendum to the Fixed Base Operator's Agreement as follows: The City of Caldwell entered into an Agreement with Caldwell Aviation, Inc., effective October 1, 1978, for a period of 20 years including all option periods. Paragraph two (2) page 1 of the Agreement provides that Caldwell Aviation., Inc., will pay in advance each month .W0.00 rental fee in addition to paying 3� per gallon for all fuel pumped except for company owned aircraft, or aircraft under direct control of the Fixed Base Operator. The City Council, by motion duly passed in a regular Council Meeting held at 7:30 p.m. Tuesday, April 3, 1979, agreed to the following considerations and changes in the original agreement. 1. That Caldwell Aviation, Inc., will assume all. responsibility for ownership of :fuel tanks and the dispensing of fuel at the Caldwell Industrial Airport 2. The City of Caldwell will waive the 3� per gallon charge on the first 15,000 gallons of fuel. sold each month as stated in lease, excluding planes owned or controlled by Caldwell Aviation. 3, Caldwell Aviation, Inc., will assume responsibility fo all weed control at the airport including the hangar areas with exception of Flight Service, Inc., or future commercial leases. 4. Caldwell. Aviation, Inc., is to have the use for agricultural purposes only of any lands at the airport. excluding Goiri and Campbell properties, not being used for private hangar or commercial purposes. From time to time, additional parcels of land may be withdrawn by the City for additional private hangars or commercial usuage. The City must give 30 days written notice of such withdrawal. 5. For the five year period starting October 1, 1978, all irrigation tolls will be paid by the City of Caldwell For a year starting October 1, 1979, any domestic water used. in the area between the taxi strip and the runway plus an additional eight acres will be furnished by the City. Usage may be restricted to night time only if the City finds it necessary. 6. Permission is hereby granted to Caldwell Aviation, Inc to sublease the cultivated portion of the 135 acres to another Garland. owned company to be known as Sierra Turf, Inc. 7. Permission is granted to Sierra Turf, Inc., to drill a well up to 250 feet in depth in the area Southeast of the Terminal Building. By law, a State permit is required. 8. Caldwell. Aviation, Inc., is granted right of refusal. for farming purposes of the farmable acres in the Goiri and Campbell properties starting October 1, 1950. This right of refusal to be on an annual basis, until the land is needed by the City for airport uses. 9. Caldwell. Aviation, Inc., agrees to idemnify the City against any unpaid claim by Sierra Turf, Inc., concerning the well to be drilled on City property. The Mayor further commented that the City Engineer contacted the City's professional engineering consultant in Boise concerning any possible danger of the well and its effect on the well. the Book 20 Page 319 the City recently drilled. The City Engineer was assured that there would be no problem there. The Consultant did advise the City Engineer that in the event the well was dug he would report that when the present well encountered rock fourteen feet to fifty feet and that if the area between fifty and one hundred feet in depth of the well which showed sand and gravel did not produce sufficient water, he would advise them to discontinue drilling. The Mayor said that he did communicate this to Mr. Garland at the airport plus the requirement for idemnification. MOVED by McCluskey, SECONDED by Olesen that the City Council approve the Addendum to the Fixed Base Operator's Agreement as presented by the Mayor. Councilwoman Bauman asked if the provision that the soil be restored to its original state shouldn't be in there. The Mayor stated that he would add the following Paragraph No. 10 as follows: 10. Should Sierra Turf, Inc., discontinue its sod operation, it agreed to restoration of all topsoil. Some discussion followed with regard to the airport. Councilwoman Bauman commented that she could not vote for the Addendum as she did not approve of the waiving of the 3y a gallon gas payment to the City as established previously and she did not agree with the provision that the City pay the Airport irrigation toll. The Mayor then asked for the roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman McCluskey stated that the Airport Commission did discuss the fuel tank put in by Bob Franklin at the Airport. The Commission decided that they would not discuss this problem until Mr. Franklin was present at their meeting. Councilman Hopper asked about the recommendation from the Airport Commission with regard. to leases in the future. The Mayor said that there was a recommendation made that the Council approve an addendum to the existing private hangar leases except for the one that Franklin is in. The Addendum would prohibit private fuel tanks at private hangars. The Mayor told the council that the Addendums would be drawn up and presented to the Council for approval at a future meeting. OLD BUSINESS (THIRD READING; ORDINANCE NO. 1546; PARKING ON MUNICIPALLY OWNED PARKING LOTS OR AREA) The Mayor stated that this was the time set for the third reading of a Bill regarding the provision for parking on municipally owned parking lots or areas. The Mayor read the Bill by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING SECTION 25, OF CHAPTER 9, TITLE XI, PROVIDING FOR PARKING ON MUNICIPALLY OWNED PARKING LOTS OR AREAS PROHIBITED; AND PROVIDING THIS ORDINANCE TO TAKE AFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. The Mayor stated that this Bill had to do with parking on the Stadium Parking Lot. It was presented to the School District, the Superintendent of Schools, the Principal of the Junior High School and the Senior High School, and there has been no objections to it. Action was asked for by the Rodeo Board. MOVED by McCluskey, SECONDED by Hopper that Bill No. 30 be passed and entitled Ordinance No. 1546. Book 20 Page 320 Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, IIopper, and. Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PRELIMINARY PLAT Or SI-IELDON PARK) The Mayor called on the City Engineer to present this Preliminary Plat. Mr. Lewis reviewed the location on the map for the City Council. Mr. Lewis informed the City Council that the Planning and Zoning Commission approved the Preliminary Pkat. The Plat was outside the City limits, but will be included in one of the annexe' areas for consideration for zoning. It was recommended that the cross street be from the East boundary to the West boundary of the subdivision one lot depth South of the Lowline Canal. It was also recommended in order to solve the sewer water and drainage problem that the sewer could be connected to the sewage system at Montana Manor. To do this, the Montana Manor sump pump must be enlarged. The water would. be furnished out of Montana Manor and they were proposing an alignment that would be circular around instead. of up through an easement that follows approximately where the drainage line was. Mr. Lewis further commented that the major problem was the drainage problem which he was sure most of the Council was aware of. There was not adequate drainage through Montana Manor down to the cul -de -sac at the end of Billings Drive. From there on, there was adequate drainage. The Planning and Zoning Commission's acceptance of the Preliminary Plat was that an answer for adequate drainage be found before the final plat was approved. Also, approval was to be secured from Pioneer Irrigation and the half street policy would apply to Ustick Road. All of these problems would have to be taken care of before the Final Plat was approved. Councilman McCluskey informed the Council that the City Engineer was very clear at the Planning and Zoning Commission Meeting that no building permits would be issued. until the drainage problem was solved. Based on the City Engineer's statement, he stated that he would make the motion for approval. MOVED by McCluskey, SECONDED by Olesen that the City Council accept the Preliminary Plat of Sheldon Park subject to the stipulations as stated by the Planning and Zoning Commission and the City Engineer. Councilman Hopper said that he was very familiar with the problem of the drainage in phis area 2nd realized how very ba.d., it really was. The Mayor asked for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CORRECTION ON BID AWARD FOR THE BELMONT INTERCEPTOR PROJECT) The Mayor said that at a Special Meeting held by the City Council on September 25th which was called to award bids for the Sewer Treatment Plant and the Belmont Interceptor, the City inadvertently awarded the bid to the wrong bidder. It was not awarded to the low bidder as intended. A motion was necessary to repeal that bid award and to award the bid to the low bidder which was Valley Utilities, Inc., in the amount of $324,785.00. MOVED by McCluskey, SECONDED by Olesen that the City Council repeal the bid awarded to Viking Mechanical, In.c., and award the bid to the low bidder which was Valley Utilities, Inc., of Jerome, Idaho, in the amount of $324,785.00 for the Second Avenue - Belmont Interceptor. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and. 'Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 20 Page 321 (RESOLUTION N0. 58 -79 - APPOINTMENT OF JUDGES, CLERKS AND CONSTABLES) The Mayor stated that this was the time for the passage of a Resolution to authorize the appointment of the Judges, Clerks, and Constables for the election. The Mayor read the Resolution by title only as follows: A RESOLUTION APPOINTING JUDGES, CLERKS, AND CONSTABLES IN THE GENERAL ELECTION OF THE CITY OF CALDWELL TO BE HELD ON NOVEMBER 6, 1979. The Mayor asked if any of the members of the City Council would care to have the Resolution read in full, but all members of the Council stated that they did read the Resolution and felt to read it was not necessary. MOVED by Williams, SECONDED by McCloskey that Resolution No. 58 -79 be passed. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. (ADOPTION OF GOLF FEES FOR 1980) MOTION CARRIED The Mayor explained that the Caldwell Golf Board recommended the adoption of new fees for the coming year and explained that it was important to approve them as many people purchased the Season Passes for Christmas gifts. The Mayor read the proposed fees as follows: 1980 Fees for Golf F Cart Storage Cart Storage ----------------------------- - - - - -$ 110.00 Punch Cards ----------------------------- - - - - -- 20.60 Juniors at Fairview through 13 yrs of age - - - -- 25.75 Juniors at both courses 13 yrs. through - - - - - -- 51.50 17 yrs. Single Adult ---------------------------- - - - - -- 210.00 Man and Wife ---------------------------- - - - - -- 285.00 Seniors - - 65 and over ----------------- - - - - -- 160.00 Seniors - - 75 years and over ----- - - - - -- 105.00 Man F., Wife over 65 years ---------------- - - - - -- 215.00 Man & Wife over 75 years ---------------- - - - - -- 140.00 Family of three or more ----------------- - - - - -- 370.00 This includes 3% Tax MOVED by Olesen, SECONDED by McCluskey that the golf fees as presented by the Mayor for the year 1980 be approved. Roll call vote. Thos: voting yes: Olesen, Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CATERING PERMITS) The City Clerk presented two catering permits for approval by the City Council. Both of them were for the Cimarron to cater for the Eagles. One was for October 6th and the other was for October 27th. The Chief of Police gave his approval for both of them and the fee was paid to the Clerk "s Office. MOVED by Raymond, SECONDED by Hopper that approval be given for the two catering permits as presented by the City Clerk. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DEEDS AND EASEMENTS) Book 20 Page 322 The City Engineer reported that there was no deeds or easements to be presented at this meeting. (DISCUSSION REGARDING MANAGEMENT DEVELOPMENT INSTITUTE) Councilman Olesen stated that he had an item that he would like to bring before the City Council. IIe had distributed to all members of the Council a pamphlet regarding a Management Development Institute to be held in Eugene, Oregon, regarding "Recruiting, Training, and Maintai.D.ing a Volunteer Fighting Force", IIe stated that he was hopeful that all of the Council had read the brochure and could see the benefit that would be derived from the City sending representatives to this workshop. Councilman Olesen then MOVED that the City of Caldwell send the Mayor, Council President McCluskey, Councilman Hopper, and Fire Chief Burns to this Workshop which. was to be held. in Eugene, Oregon on the 20th and the 21st of October. SECONDED by Raymond. Councilman Olesen further commented that there was a direct flight into Eugene and he strongly felt that this was something that was needed. in Caldwell and he would hope that the Council would look with favor on this motion. Councilman Raymond stated that he questioned whether it was necessar to lock in these three or four people to attend the Workshop. IIe did feel that someone should be there from the City of Caldwell, but he felt there should be flexibility as to who should attend this workshop. Councilwoman Williams stated that she had a question with regard to the money that was available at this time for the expenses. She also said that she felt obligated on another deal and would rather be more certain with regard to it before committing the City to this workshop. Councilman McCluskey stated that he also was involved in the other situation that Councilwoman Williams was referring to. IIe also stated that he did not want to get himself into a position that the City would expect him to run a recruiting for volunteers. IIe wanted to be sure that if someone was sent to this workshop they could use the information received from it. He would also like to wait a few days until. the other situation was solidified. The Mayor stated that he would like to address himself to this situation. Ile strongly supported Councilwoman itzill.iams position. He felt that the other trip, which they were not at liberty to mention at this time, was much more important. IIe also agreed with Councilman Raymond's remarks in that no definite person should be designated to attend this workshop. IIe further commented that he, for one, would never travel for the City of Caldwell again after being publicly spanked by Councilwoman Bauman for the expenditures he made on a trip to Denver at the City Council's request. IIe stated that he would like to be withdrawn for consideration for any trips, but he slid feel that the second trip would be much more important. Councilman McCluskey further commented that the second trip was important enough to him that he was planning to finance it himself. It was his suggestion to table Councilman Olesen's request for three or four days to enable some discussion with the Fire Chief to see if he was receptive to the proposal. Councilman Raymond. stated that he would like to offer a substitute motion to see if some kind of decision could be made at this meeting that was acceptable to everyone. Councilman. — Raymond then MOVED to authorize three people to attend this workshop as presented by Councilman Olesen and that this attendance be coordinated with other cities in the valley with the possibility of car travel. Councilman McCluskey said that unless the City notified the other cities regarding this workshop, the City of Caldwell was the only one of the cities aware of it as he heard of it through the Innovative Research which was the outfit that he had encouraged the Council to join. Councilwom Bauman pointed out that perhaps this group that was Book 20 Page 323 conducting might give consideration to promoting a program for this valley. Councilman Raymond's motion was SECONDED by Hopper. Councilman Raymond stated that his reason for doing this was that if then authorize it now at least the decision was made to send three people and if they then find that it is not feasible to send them it does not have to be done. The Mayor then called for a roll call vote on the substitute motion. Those voting yes: Raymond, and Hopper. Those voting no: Bauman, McCluskey, Olesen, and Williams. Absent and not voting: none. MOTION DENIED The Mayor then requested a vote on the original motion as made by Councilman Olesen. - Roll call vote. Those voting yes: Olesen, Raymond, and Hopper. Those voting no: Williams, Bauman, and McCluskey. Absent and not voting: none. Due to the tie in the voting, the Mayor cast his vote which was a no. MOTION DENIED (COMMITTEE REPORTS) Councilwoman Williams stated that she would like to commend the City Treasurer on her investments for this year. .Last year the City's interest earned on open investments was $16,000.00 and this year it was $57,709.00. This did not include any interest on Time Certificat( which will be received later. The Mayor stated that he would like to include the Chief Accountant in this as the two of them work together on the investments. Councilwoman Williams also reported tha the City certified $1,509,000.00 in taxes and at the end of September the City received $1,484,296.00 which means that the City had a real good tax collection year. Councilman McCluskey stated that he had no reports to make at this meeting. Councilwoman Bauman reminded members of the City Council that there was a Historic Preservation Meeting the next day at 4:00 p.m. in the Council Chambers. Councilman Hopper reported that the Recreation Commission met and the Police Chief was present at the meeting and asked the Commission regarding whether the closure of the Park was a healthy situation. The Chief did not see any reason for it to be changed and also commented that the closing of the park at 11:00 had nothing but positive results. He also reported that the Wilson Park Project was progressing. They have buried some the from the South side of the building up to Linden. The electrical and telephone wiring was also done. The Mayor reported that the property on Madison between First and Third was paid in full today. There being no further business, the meeting was adjourned at 8:30 p.r APPROVED AS wrttPaz THIS 16th DAY OF October 1979. 1 �Y ` i f - '' Mayor l C Ot3n Z'. .I i COU i }nc,i an Cofincilma Council an Councilman ATTEST: City Clerk �—