HomeMy WebLinkAbout1981-10-06city council minutesBook 22 Page 275
REGULAR MEETING
October 6, 1981
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, Carter, and Betts.
Absent: none.
(APPROVAL OF MINUTES)
It was MOVED by Williams, SECONDED by Carter to dispense with the
reading of the minutes of the Regular City Council Meeting of
September 15, 1981, and the Regular City Council Meeting of
September 22, 1981, and approve them as written.
(AUDIENCE PARTICIPATION)
MOTION CARRIED
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. Since there was no one, the Mayor declared that the
Meeting would continue as outlined.
OLD BUSINESS
(PRESENTATION OF CERTIFICATES - TAD MARTIN AND WILLIAM MONAGLE)
The Mayor stated that he would lake to make a delayed presentation to
two young men, Tad Martin and Williams Monagle, who were interested
in City Government. The certificates were then presented to them
and the Mayor further explained that they would be called City
Council Associates. Both Mr. Martin and Mr. Monagle were attending
the College of Idaho with particular interest in Political Science
and were pursuing the Truman Scholarship which required knowledge
of City Government.
(DOG POUND COSTS)
The Mayor informed the council that he would go through this item
quickly as he planned to talk about it further with the County
Commissioners. He had visited with the Commissioners one day last
week and showed them the information submitted by the Caldwell Chief
of Police as to the costs -fl;r tkte,'City of Caldwell to handle the
dogs throughout the County. The Mayor further said that the
original agreement was only verbal and was misleading from the
beginning. The way it was set up was that the County would take care
of the City's prisoners and the City would take care of their dogs.
As it turned out, the County has to take care of the prisoners. The
City of Caldwell has ended up by not only taking care of the dogs
brought in by the County officers, but also anyone else who has a
dog in the County that they would. like to get rid of. The cost for
feeding these dogs and for disposing of them has skyrocketed. The
Mayor further commented that the City of Caldwell was going to have
to put a stop to the rising cost and this was what he had talked
with the Commissioners about. They were receptive to helping the
City and the Mayor assured the City Council that he would follow up
on this.
(STREET LIGHT PROJECT)
The Mayor stated that this item had been discussed previously. The
idea was to offer to the public, primarily in new areas that do not
have street lights, the opportunity to have a street light put in
at a small cost which would be added to their water bill. The Mayor
also said that he had talked with Idaho Power with regard to this
and they were receptive to the proposal.
(REQUEST FOR ACCESS EASEMENT TO BRAUN - HARRIS PROPERTY - STEVE JENSEN)
The Mayor called on Ron Redmond, City Engineer, to explain briefly
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what this request involved.
Page 276
Mr. Redmond was recognized and informed the Council that this was an
access request made by Steve Jensen on behalf of a potential buyer
of property next to the Airport. They were requesting an eighty foo
easement along the Caldwell Highline Canal off Ustick on the South -
easterly. edge of the Airport. It would parallel the canal along an
approximate forty acre piece of property that was being served by a
road off Linden which circles around the Airport and eventually come
to this property. This request was for a temporary road easement.
This land was now under cultivation and there would be several items
involved if the access easement was granted. One would be that
the land would be taken out of production and it would probably
be necessary to move a concrete ditch and relocate it, The
purpose of it being temporary was that under the standards that
the airport was currently under, the road can be temporary, but --
when the airport was extended to the point of being an instrument
approach, the clearance over the road would not be satisfactory and
the road would have to be relocated.
The Mayor then stated that this was discussed with Mr. Jensen that
afternoon. Mr. Jensen was then recognized and said that primarily
what they were trying to do was provide a better access to this fort
acre parcel of land that was currently zoned M -1 Light Industrial.
It was realized that it would have to be a temporary easement at thi
point in time. Mr. Jensen further said that speaking for the buyer
he could not say whether or not he will ever construct that road.
The buyer was from out of this area and was looking towards the
potential future growth of the area and would like to see the airpor.
expand. If the expansion does take place with the airport, the
easement would probably be voided and he would have to get a new
easement from either the adjacent property owners or property that
the City might then have. Mr. Jensen said that he would like to
impress upon the Council the need in the City of Caldwell to make
a favorable climate for Industrial development as he felt the City
tax base could. use it and also the employment. Mr. Jensen did
not believe that the buyer would develop the property until at
least one of two things had transpired; either an interchange on
I - 84 and Ustick or the expansion of the airport. It was Mr.
Jensen's feeling that the City should provide the means for -
development in the City of Caldwell.
Mr. Redmond, the City Engineer, stated that if the City Council
would grant this request, he would recommend the following:
(1) If the easement was granted, the initial request was for
an eighty foot easement, but this was not really a temporary road.
It was his recommendation that it be something less in the neighbor-
hood of forty or fifty feet as it would be more in the terms of a
temporary classification.
(2) Restrict placement of any utilities in there in case the
road was abandoned.
(3) Recommend restrict upgrading the road to gravel only.
(4) Limit the duration of the easement for a specified number
of years. For instance, it could be done on a five year basis and
renewed if feasible.
(5) Make all costs associated with the temporary road the
responsibility of the developer.
Mr. Redmond further commented that there might be more to this list
of recommendations, but it was his suggestion that if it was
approved there should be some tight restraints on it.
The Mayor stated that in support of this request he would say
that it was an advantage to have somebody in control of this
property that would be developed the way it was zoned. This was an
advantage to the City.
Councilman Raymond asked Mr. Jensen if the potential buyer was aware
of the costs that were addressed by the City Engineer. Mr, Jensen
stated that he had not had a chance to visit with the buyer since
talking with Mr. Redmond that afternoon. Therefore, he was not
advised as yet of the actual costs, but Mr. Jensen felt that he
would be aware that there was costs involved. Again, he stated he
did not know if the buyer intended to develop the road or not. The
buyer was interested in the airport expansion.
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Page 277
Councilman Raymond also asked if this was considered the prime access
to that property in Mr. Jensen's view of future development or was
there another entry.
Mr. Jensen stated that there was another entry that was used now
that comes from Linden Street, underneath the Freeway, over to
K.C.I.D. Road and down across from the Airport Terminal and due
East on a canal road. However, in discussion with the City and the
Chamber of Commerce, they were trying to locate a Freeway interchange
on the Ustick Interchange,:
Councilwoman Mallea was recognized and asked if she understood it
properly that the buyer would not develop this property unless the
Airport was expanded.
Mr. Jensen said that there was no need for industrial development
as there was no demand for it out there now. As soon as there was
demand, he would develop it. This demand would probably come upon
the expansion of the Airport.
Councilwoman Mallea then asked if this was the case, then why was
consideration being given to the request at this time.
Mr. Jensen said that he did not think that anyone would wan t to
purchase property with the expectation that he would develop in the
future without knowing that he has a lease on access to the property.
Councilwoman Mallea then commented that it would be lost if the
Airport was developed which was what he required to develop.
Mr. Jensen stated that if the Airport was expanded, the City would
more than likely have to acquire additional ground to provide for the
landing approach. The additional, land acquired will necessitate
an alternate access to the property. He also mentioned that the
City owns seventeen acres directly adjacent to this property which
was also zoned Industrial and it would behoove the City to provide
access to their own property.
The Mayor also stated that another factor to keep in mind was that
this access even for farming purposes was better than going clear
around. Councilman Hopper pointed out that there was a canal route
now for farming purposes which was on the other side of the concerete
ditch. Councilman Hopper also stated that for the record the road
to the Braun property was not a canal road, but was a private lane.
This was just North of the Goiri property that the City now owns.
Councilman Raymond wasrecognized and stated that he was very
reluctant to get locked into what he thought sounded like more of a
permanent than temporary access road. If the City was going to enter
into any Agreement at all, he would like to have the City Attorney
and the Airport Commission view it before action was taken. This
would enable the City to get stipulations now with their input.
Councilwoman Williams was recognized and stated that there was a
lot of money involved here; $25,000.00. There seemed to be a lot of
questions about the future and when the Airport was expanded. It was
her feeling that this request required some further study and would
support Councilman Raymond's suggestion that there be a joint
meeting with the Council, Airport Commission, and the City Attorney
before action was taken.
The Mayor said that he would suggest that this request be taken to
the City Attorney prior to the meeting with the Council and the
Airport Commission.
MOVED by Williams, SECONDED by Hopper that action be delayed until
further study involving the City Attorney and that permission be
given to the Mayor and City Engineer to proceed with the City
Attorney and the Aviation Commission to get information back.
MOTION CARRIED
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NEW BUSINESS
Page 278
(OATH OF OFFICE TO POLICE OFFICER, RESERVE OFFICERS, AND ADMINISTRATIVE
SECRETARY)'
The Mayor stated that he was very proud at this time to have the
City Clerk swear in several Police Officers into the Police
Department. He was sure that everyone was aware that this year the
City Council gave authorization to pay Reserve Officers for being
a part of the Police Department. The City was in the process of
building a better Police Department and the Mayor stated that he
would like to commend the Police Chief and the other Officers from
the Department for attending this ceremony of administering the
Oath of Office to the new people. The Mayor then asked Mary
Thompson, Administrative Secretary; John Downey, Police Officer;
and Milo J. Lawson, Daniel A. Wasden, Robin Reynolds, and Cleo
Witte, Police Reserve Officers to come forward to take the Oath
of Office. The Mayor also said that he would like for the public
to be aware that the testing process on all of these people was very
extensive. The Oath was then administered by the City Clerk and
those sworn in received congratulations from the City Council, Polic(
Chief and members of the audience.
(REPORT REGARDING CONTINGENCY FUNDS)
The Mayor called on Councilman Betts to report on the Contingency
funds.
Councilman Betts was recognized and informed the City Council that
what was necessary at this meeting was to :formally approve the
transfer of funds from the Contingency Fund so to pay off some items
owed. The particular items were; Three police cars, $26,841; the
computer conversion, approximately $12,000.00; remodeling of the
City Ball Office, approximately $4,600.00. Councilman Betts further
explained that these figures were the amounts that went over° °the
budget figure. This made it necessary to pay the remaining balance
out of the Contingency Fund.
MOVED by Betts, SECONDED by Williams that the Contingency Funds
be used to adjust the amounts over spent on those particular
items. `J
MOTION CARRIED
(DECISION ON POSSIBLE COURT CASES)
The Mayor informed the City Council that he did, contact the City
Attorney and asked him to attend the meeting, but he was unable to
do so. One of the cases that the Mayor asked the City Attorney's
opinion on was State vs. Plaza. The City Council members did
receive a copy of the claim so were familiar with the case. The
City Attorney informed the Mayor that it was up to the City Council
entirely, but he did believe that the Police Department followed the
proper procedure. The Attorney also stated that the Council should
keep in mind that it might cost the City more than might be gained a_=
far as attorney fees were concerned. The Mayor stated that in his
opinion there was a time when the City has to stop and stand on
their rights. He would ask the Council to take action on this claim.,
but he would hope that the Council would deny the claim.
MOVED by Williams, SECONDED by Mallea that the claim of Lillian 1.
Plaza be denied.
MOTION CARRIED
The Mayor stated that the other ease discussed was the carport for
Mr. and Mrs. L. M. Withers. The Council was also aware of this and
had received copies of the minutes and correspondence. The City
Attorney's suggestion was that this request should come back to the
City Council under the proper format.
(RAWSON IRRIGATION DAMAGE)
The Mayor explained that this was a claim submitted by a William
Rawson on Ohio Street. Their claim alleged that the irrigation crew
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Page 279
left a cap off an irrigation line which caused the water to flood
and go into their basement. There was a question from the Irrigation
crew and the Superintendent as to whether they did or did not do
this. It was the Mayor's suggestion that this claim be turned over
to the Insurance Committee for further study. The Mayor further
said that Councilman Raymond and Councilman Carter would be on this
Committee.
(REQUEST FROM THE FIRE DEPARTMENT)
The Mayor read a request submitted by the Fire Chief for schooling
as follows:
Subject: Seventeenth Annual Western Conference of Training
Officers
I would like permission to send Assistant Chief Buchta to the
Conference of Training Directors to be held in Boise on
November 30th through December 4, 1981. The total cost for
registration and luncheon will be $70.00.
Attached is a list of topics open for discussion.
The Mayor further commented that some of the topics were Fire
Department in House Training, Screening Processes, Agility Testing,
Physical Fitness Program, and etc. The Mayor also stated that he
would like to see somebody in the reserve component attend this kind
of schooling too, but it only occurred to him at this moment as
he read the topics. It was his feeling that it would be beneficial
to have one of them trained with this type of background and he
would talk with the Fire Chief as to the possibility of sending one
of the reserves along with the Assistant Chief.
MOVED by Raymond, SECONDED by Hopper that the request for the
schooling as submitted by the Fire Chief be approved.
(COMMITTEE REPORTS)
MOTION CARRIED
Councilwoman Williams informed the Council and Mayor that she had
been busy interviewing as she was a member of two interviewing
teams the last week. There was to be a new C.C.O.A. Director. The
Bylaws state that if anyone within the organization wants the job,
they will have first choice. Three people applied and their names
will be taken to the Board and the job offered to the best qualified.
The Library Board also has a new Librarian and hopefully she will
be here for the next Council Meeting as she was very anxious to meet
the Council and work closely with them.
Councilman Betts had no report as the Golf Board was to meet the
next day.
Councilman Carter stated that he would like to have the new fees
for the Golf Courses presented for Council approval at this time.
(APPROVAL OF GOLF FEES)
Councilman Carter read the following recommendation submitted by
Laura Gamboa, the Chairman of the Caldwell Golf Course Board:
The Caldwell Golf Course Board met July 22, 1981, and would
like to recommend the following for your consideration:
Motion made, seconded and carried that an increase in green
fees and cart storage would be necessary for 1982.
Purple Sage: $5.00 - 9 holes (7 days a week)
7.00 - 18 holes (7 days a week)
Fairview: 4.00 - 9 holes (7 days a week)
6.00 - 18 holes (7 days a week)
Cart Storage increase of $40.00 - was $110, an increase of
$40.00 would make the storage $150.00. Effective the month of
January, 1982
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MOVED by Carter; SECONDED by Betts that the fees as recommended by
the Caldwell Golf Course Board be approved.
MOTION CARRIED
(MAYOR'S REPORT)
1. Fee for putting out automobile fires. The Mayor stated that
he would like to start charging a fee for putting out
automobile fires. These fires have been running about sixty
a year and a lot of them are on the Interstate which costs
the City money. It was the Mayor's feeling that if they
were not a property owner in the City of Caldwell, he would.
like to start charging a fee. He had talked with the Fire
Chief and he wouldestablish a reasonable fee. Most of these
fees would be collectible trough insurance and if the Council
would approve this procedure; the Mayor said he would proceed.
The Mayor further commented that he had talked with the City
Attorney and he cleared the procedure.
Councilman Hopper stated that he felt that the Mayor should
present the total package to the City Council for approval when
he had it worked out. The Mayor stated that he would do this,
but just wanted their approval to proceed at this time.
2. The Mayor then stated that he would like for the City Council
to take action on the school that was mentioned at noon for
Donna Talley. This school was a one day session in Boise and
was a Managerical School which the Mayor stated he felt would
be very beneficial. Councilwoman Williams stated that she did
not believe that a one day :school could be beneficial enough
for the amount of money. Councilman Carter said that he was
sure by reading the programs offered that it would be a good
school. Councilman Raymond commented that he felt that
560.00 for one day was expensive, but he did. feel that the
City should continue to offer these classes and schools to
the employees. '—
After further discussion, it was MOVED by Carter, SECONDED by
Raymond that permission be granted for Donna Talley to attend
the school as discussed by the Mayor at a'cost of $60.00.
Roll call vote. Those voting yes: Carter, Betts, Raymond,
and IIopper. Those voting no: Williams and Mallea. Absent and
not voting: none.
MOTION CARRIED
(RESOLUTION NO. 62 -81 - AGREEMENT WITH IDAHO TRANSPORTATION DEPARTMENT)
The Mayor stated that the next item he would like to present to
the City Council for action was a Resolution authorizing the
execution of an Agreement for the-Nampa/Caldwell Transportation
Study. The Mayor asked the City Engineer to give a short
explanation as to this Agreement.
Mr. Redmond explained that this was an ongoing program for
approximately two years to develop the Nampa /Caldwell Transportation
Study. This Agreement was the work program for the upcoming year
There was a total of $19,000 proposed to be expended; $5,000
was budgeted for Caldwell and $7,000 for Nampa and roughly
$7,000 for the State. The services that Caldwell would provide
were traffic counts, and armhole list of work tasks that have been
identified. Caldwell was expected to match $1,000 in inkind
services.
The Mayor then read Resolution No. 62 -81 in full as follows:
RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO ,EXECUTE A
FISCAL AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE IDAHO
TRANSPORTATION DEPARTMENT.
BE IT RESOLVED That the Mayor and City Clerk of the City
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Page 281
of Caldwell be, and the same hereby are, authorized to
execute that certain Fiscal Agreement attached hereto and
made a part hereof as if set forth in full by and between the
City of Caldwell and the Idaho Transportation Department for
the Nampa /Caldwell Urban Transportation Study for Fiscal year
1982.
MOVED by Carter, SECONDED by Hopper that Resolution No. 62 -81 be
passed as presented for the authorization of the agreement.
Roll call vote. Those voting yes: Carter, Betts, Williams,
Raymond, Mallea, and Hopper. Those voting no: none. Absent and
not voting: none.
MOTION CARRIED
There being no further business, the meeting was adjourned at
8:40 p.m.
APPROVED AS Written THIS 20th DAY OF QctQber ._�.,.,. 1981.
City Clem'
Councilman
ATTEST: