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.
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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.
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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
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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
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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.
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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 $324,785.00 for the Second Avenue - Belmont
Interceptor.
Roll call vote. Those voting yes: McCluskey, Olesen, Williams,
Raymond, Hopper, and. 'Bauman. Those voting no: none. Absent and
not voting: none.
MOTION CARRIED
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(RESOLUTION N0. 58 -79 - APPOINTMENT OF JUDGES, CLERKS AND CONSTABLES)
The Mayor stated that this was the time for the passage of a
Resolution to authorize the appointment of the Judges, Clerks, and
Constables for the election. The Mayor read the Resolution by
title only as follows:
A RESOLUTION APPOINTING JUDGES, CLERKS, AND CONSTABLES IN THE
GENERAL ELECTION OF THE CITY OF CALDWELL TO BE HELD ON
NOVEMBER 6, 1979.
The Mayor asked if any of the members of the City Council would
care to have the Resolution read in full, but all members of the
Council stated that they did read the Resolution and felt to read
it was not necessary.
MOVED by Williams, SECONDED by McCloskey that Resolution No. 58 -79
be passed.
Roll call vote. Those voting yes: Williams, Raymond, Hopper,
Bauman, McCluskey, and Olesen. Those voting no: none. Absent
and not voting: none.
(ADOPTION OF GOLF FEES FOR 1980)
MOTION CARRIED
The Mayor explained that the Caldwell Golf Board recommended the
adoption of new fees for the coming year and explained that it was
important to approve them as many people purchased the Season Passes
for Christmas gifts. The Mayor read the proposed fees as follows:
1980 Fees for Golf F Cart Storage
Cart Storage ----------------------------- - - - - -$ 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)
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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
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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.
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Mayor
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Council an Councilman
ATTEST:
City Clerk �—