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HomeMy WebLinkAbout1984-11-06city council minutesBook 25 Page 244 REGULAR MEETING November 6, 1984 7:30 p.m. The Fleeting was called to order by Mayor McCloskey. The Mayor requested that one of the Boy Scouts present at the meeting lead the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Raymond, SECONDED by Cowles to dispense with the reading of the minutes of the Regular City Council Meeting of October 16, 1984, the Special City Council Meeting of October 17, 1984, the Regular City Council Meeting of October 23, 1984, and the Special City Council. Meeting of October 23, 1984, and approve as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor recognized the presence of Scout Troop 221 which were attending the City Council Meeting. The Scoutmaster, Steve Shallberg, explained that they were working on a Citizenship and Community Merit Badges. OLD BUSINESS (SECOND READING OF BILL, NO. 11 - CHILD CARE LICENSING) The Mayor stated that the first item under Old Business was the second reading of Bill No. 11, the Child Care Licensing Ordinance. I €e then called on Councilwoman Marcus to discuss this Bill. Councilwoman Marcus informed the City Council and the Mayor that she would like to dispense with the third reading of this Bill. and pass it at tonight's meeting. The City Council agreed to this as it had been discussed many times and the City Attorney was satisfied at this point as to it's content. The Mayor then read Dill No. 11 by title only as follows: AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING T€iE.FOLLOWING G,HICH SHALL BE DESIGNATED AS CHAPTER 23 OF SAID TITLE IV REGARDING CHILD CARE FACILITIES; PROVIDING DEFINITIONS; LICENSES REQUIRED; EXE`7PTIONS AND SPECIAL APPLICATIONS; INVESTIGATION OF FACILITIES; STANDARD FOR ISSUANCE OF LICENSE; LICENSES; INSPPECTION; PENALTIES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS T €-1EREOF IN CONFLICT HEREWITH. MOVED by Marcus, SECONDED by Mallea to suspend the rules requiring that a Bill be read at three meetings and that the Bill be read by title only for the last reading. Roll call vote. Those voting yes: Marcus, Mallea, Carter, Norman, Cowles. Those voting no: none. Abstain: Raymond. Absent and not voting: none. MOTION CARRIED MOVED by Marcus, SECONDED by Mallea that Bill No. 11 be passed and entitled Ordinance No. 1673. Book 25 Page 245 Roll call vote. Those voting yes: Marcus, Mallea, Carter, Norman, Raymond, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (THIRD READING OF BILL NO. 21 - FORM, MULTI-PURPOSE STADIUM COMMISSION) The Mayor asked for any discussion from the City Council with regard to Bill No. 21. Councilwoman Mallea stated that she would like to amend the Bill to name the Mayor of the City of Caldwell as a voting member of the Commission. After further discussion, it was also recommended that the Bill be amended to add a Section E under 1-12-6 to read, "To recommend a budget and the authorization of expenditures." MOVED by Mallea, SECONDED by Norman that these amendments be made to Bill No. 21. Roll call vote. Those voting yes: Mallea, Carter, Norman, Raymond, Cowles, and Marcus. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then read Bill No. 21 by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CITY CODE OF THE CITY OF CALDWELL, IDAHO, BY CREATING A NEW SECTION: TITLE' II, CHAPTER 12, SECTION 1 THROUGH ro IN REGARDS TO AULT I -PLTRPOS E STADIUM COMMISSION: SETTING FORTH CREATION, MEMBERSHIP AND TERMS OF OFFICE, ORGANIZATION; RULES, RECORDS, AND MEETINGS; AND POWERS A DUTIES. it was then MOVED by Norman, SECONDED by Carter that Bill No. 21 be passed and entitled Ordinance No. 1683. Roll call vote. Those voting yes: Norman, Raymond, Cowles, Marcus, Mallea, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor made a recommendation to the City Council as to who he - would like to appoint to the Commission. After a lengthy discussion, it was agreed that the appointment's would not be made at this meeting. (RESOLUTION NO. 30-84 - ORDINANCE NO. 1684 - VACATION OF THIRD STREET) The Mayor read the following Resolution with regard to the vacation of Third Street: A RESOLUTION STATING FINDINGS OF FACT AND RECITING INTENT FOR PASSAGE, APPROVAL AND PUBLICATION OF BILL NO. 22. WHEREAS, the City of Caldwel"' has received a petition for vacation of 3rd Avenue between Arthur Street and the south right of way line of Aven Street; and, WHEREAS, the City has held a public hearing for public input on said vacation request; and, WHEREAS, the City Council does hereby make the following findings of fact: 1. The consent of the adjoining property owners and valid option holders has been obtained in writing as of august 8, 1984. Book 25 Page 246 2. Notification has been given for public input and a public hearing was held on October 23, 1984, at which time testimony was received. 3. The portion of 3rd Avenue to be vacated is a short dead --end street so no alternate routes of travel. are necessary. 4, Testimony and information presented indicate that the value of new business activity created should more than offset the value of the property being vacated. 5. Maintaining current utility facilities and easements can be made with minimal effect on same by execution of easements to avoid any structures being built over them; and, WHEREAS, the following conditions shall be attached and made a part of said vacation: - -.- 1. Street storm drain shall be relocated to drain to Indian Creek. 2. The one -inch waterline can be abandoned if water services served by it are reconnected to the waterline in Aven. 3. Easements for all sewer and utilities will have to be executed for remaining utilities; and, WHEREAS, the City Council does hereby conclude that the vacation of Third Avenue as described above is in the best interest of the City of Caldwell: NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that Bill No. 22 be passed, approved and published. A brief explanation was given by the Mayor for the benefit of the Scouts in attendance. It was then MOVED by Raymond, SECONDED by Norman that Resolution No. 30 -84 be passed. Roll call vote. Those voting yes: Raymond, Cowles, Marcus, Mallea, Carter, and Norman. Those: voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor than read Bill No. 22 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE MOVED by Raymond, SECONDED by Cowles to suspend the rules requiring that a Bill be read at three separate times, that the Bill be read by title only for the one reading, and that Dill No. 22 be passed and entitled Ordinance No. 1684. Roll call vote. Those voting yes: Raymond, Cowles, Marcus, Mallea, Carter, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ADDENDUM TO LEASE AGREEMENT FOR BUILDING AT AIRPORT) The Mayor explained that this was requested by First Interstate Bank and was an addendum to the City Council Meeting minutes of July 12, 1984, to correct parameters of the lease financing of the building at the airport. All City Council members were to sign the Addendum stating their unanimous approval. of the correction. The original amount projected was $154,000, but part of the work was done by City personnel which cut the cost down to 5149,000. MOVED by Raymond, SECONDED by Cowles to approve the Addendum to the lease agreement with First Interstate Bank as presented. Book 25 MOTION CARRIED Page 247 NEW BUSINESS (BILL No. 23 - NOTICE OF INTENT TO SELL THE OLD CITY HALL) The mayor read Bill No. 23 by title only as follows: AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, THP,T THE MAYOR AND CITY CO INTEND TO SELL THE FOLLOWING DESCRIBED REAL PROPERTY OWNED BY THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; AND WHICH SAID PROPERTY IS SITUATED IN CANYON COUNTY, IDAHO; THAT SAID SALE IS MADE UNDER THE PROVISIONS OF TITLE 50, CHAPTER 14, IDAHO CODE; THAT SAID SALE OF SAID PROPERTY SHALL IBE AT PUBLIC AUCTION AND SOLD - 0 THE HIGHEST BIDDER AND THAT NO BID SHALE BE ACCEPTED FOR LESS THAN THE APPRAISED VALUE, SAID PROPERTY BEING LOCATED AT 704 BLAINE STREET AND COMMONLY KNOWN AS THE OLD CITY HALL. MOVED by Norman, SECONDED by Raymond that the rules requiring the reading of a Bill at three separate meetings and to be read in full be suspended and that Bill No. 23 be read by title only for one reading. Roll call vote. Those voting yes: Norman, Raymond, Cowles, Marcus, Mallea, and Carter. Those voting no: none. absent and not voting; none. MOTION CARRIED MOVED by Norman, SECONDED by Raymond that Bill No. 23 be passed and ent Ordinance No. 1685. Roll call vote. Those voting yes: Norman, Raymond, Cowles, Marcus, Mallea, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPOINTMENT TO PLANNING AND ZONING COMMISSION) The Mayor informed the City Council that he would like to recommend the appointment of Mary Higderrn to the Planning and Zoning Commission. There was a vacancy and he would ask approval from the Council at this time. MOVED by Marcus, SECONDED by Mallea to approve the recommendation of the Mayor that Mary Higdem be appointed to the Planning and Zoning Commission. MOTION CARRIED (REPORT ON CURTIS PARK) The Mayor called on the City Engineer, Ron Redmond, to report on the Curtis Park situation. Mr. Redmond informed the Council and Mayor that three or four meetings have been held on Curtis Park since it was discussed at the Council Meeting in attempting to resolve what can be done and what should be done in regard to Curt Park. A visual comparison was made between aerial p hotographs taken hotographs taken in 1976 and compared to photographs earlier this year in May to see what kind of impact the high water has had on the Park and surrounding areas. There was a significant change in the pattern of the river that has occurred over the past eight years. it hasn't caused much change in Curtis Park, but it could do so in the future. Most of the damage was being done to the Reed property which was upstream from, the Park. Mr. Cane Processed an application through the State Water Resources Board to do work on the river which was approved. However as of the end of September, the County adopted a flood insurance program and new restrictions are now in -effect. Book 25 Page 248 If any work is needed on the river, you now have to deal with the Army Corps of Engineers. This may cause a problem in getting any work done this year. Mr. Redmond further said that they would like to start work next week when the Corp was dropping the river. in talking to them, there is a forty day public notice time period that the City may be facing. This would mean that the work could not start until December or January. They met today with a member of the Advisory on the Board of water Resources and he was going to try to persuade the Corp to expedite the project for Caldwell,. There was three options that they were looking at and Mr. Redmond briefly explained those for the benefit of the City Council and the Mayor. It would depend on what the Army Corp says as to whether the work would be done this year or not. Thev would probably use the $2,000 for a short term solution. Mr. Redmond stated that he would inform the City Council as to what decision was made by the Army Corps, but they would continue discussing the possibilities to remedy the situation. {RESOLUTION - CITY STREET FINANCE REPORT) The Mayor read the following Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL, IDAHO, TO EXECUTE THE CITY STREET FINANCE REPORT FOR THE CITY OF CALDWELL. BE IT RESOLVED, That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain City Street Finance Report attached hereto and made a part hereof as if set forth in full in accordance with Idaho Code 40 -137. The report was as follows: REVENUE Taxes 193,763 Intergov't 726,703 Misc. 83,479 Non Rev Rec 36,184 Total 1,040,129 EXPENSES M & 0 506,501 Construction 611,628 Equipment 59,916 Total 1,178,045 Net deduction from fund balance (137,916) Beginning Balance 10/1/83 475,917 Ending Balance 9/30/84 338,001 I, A.H. M cCluskey, Mayor of the City of Caldwell, State of Idaho, do hereby certify the above is a true account of the Street revenue and expenditures for the budget year ending 9/30/84. MOVED by Carter, SECONDCD by Norman that the Resolution authorizing the execution of the City Street Finance Report be passed. Roll call vote. Those voting yes: Carter, Norman, Raymond, Cowles, Marcus, and Mallea. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Book 25 Page 249 Councilwoman Mallea informed the City Council that she had a gift for the City of Caldwell that a member of the community felt the City should have for the new City Hall. She then presented an aerial view of the new City hall from Dean Dishaan. Councilman Carter reported that an Airport Commission ;meeting was held last week. A couple of the items written up by the F.A.A, on their inspection of the facility last April still have not been completed as they were having trouble getting someone to do the work. Also, the Airport rules were sent to the City Attorney and they have not been received back as yet. Councilman Carter inquired of the Mayor as to what was being done with regard to the parking problem at the new City Fall. The Mayor stated that he would continue working on a solution to the parking. Councilman Norman stated that he met with the Main Street America Committee and he felt they had some good ideas. lie would like to see the Council take advantage of some of the material that the Committee has made available for them. Councilman Raymond made a correction to the meeting that was to be i•ednesday instead of Thursday at the Saratoga Hotel called by Project 101. Councilman Cowles reminded the City Council of the Firemen's Ba11 that was to be held the coming Friday night at the Elk's Club. Councilwoman Marcus requested that the Mayor check with the Fire Department to try to get some information with regard to the Donkey Basketball Game. Tickets were being sold, but it appeared that it was for the benefit of the City of Nampa. (MAYOR'S COMMENTS) The Mayor read the following Resolution that was prepared by the Student Body at the College of Idaho: REQUESTING THAT THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION III ESTABLISH CROSSWALKS ON CLEVELAND AND BLAINE BOULEVAPDS. BE IT RESOLVED, by the ASCI Senate: 1. Whereas students of the College of Idaho frequently, as pedestrians, cross Cleveland and Blaine Boulevards; and, 2. 'Khereas several facilities related to the College of Idaho exist north of Cleveland and /or Blaine Boulevards; and, 3. Whereas pedestrian safety is currently threatened because of the lack of official crossings; and, 4. Therefore we as the representatives of the Associated Students of the College of Idaho request, in the fora of a letter to the Idaho Department of Transportation, Division III, that crosswalks be established on Cleveland and Blaine Boulevards between 21st and 24th Avenues. The Mayor explained that this Resolution was being presented by Councilman Cowles to receive support from the City of Caldwell for this concept. "LOVED by Cowles, SECONDED Marcus that the City Council and Mayor support this Resolution and a letter be written to state this support. MOTION CARRIED The Mayor read a Proclamation establishing American Education Week from November 11, 1934, to November 17, 1984. Mrs. Robison was recognized and stated that she had two requests for a fence in the right of way. One was from Howard Olson and the other from Mr. Tolsma at Tolsma Auto Body. They were both in industrial areas. In these areas, the City usually requires that fences be put on the property Line, however, in a lot of situations there was a weed maintenance problem and if they are Book. 25 Page 250 allowed to fence out to the street or the curb and gutter, they usually take care of the weeds. In this particular case, Summers St. where Mr. Olson would like to put his fence, is completed. The other area on Evans Street is not paved. It was suggested that if he does put the fence out on the right of way that he leave a five foot space between where the curb would go if it did go in. Mr. Olson could put his fence right up to the valley section. There was definitely a tweed problem, especially on the Summers Street area. In requests of this type, it was brought to the attention of the City Council as the City does have jurisdiction over the right of way. In the past, a covenant form was used whereby the property owner agrees that if he is allowed to fence the right of way, that he will. move the fence at his own expense at such time the City needs to use the right of way upon 15 days notice. 33oth parties have agreed that: they will. execute this Covenant. MOVED by Mallea, SECONDIiD by Norman to approve the request for the fences as requested by Mr. Olson and Mr. Tolsina. MOTION CARRIED There being no further business, the meeting was adjourned at 8:30 p.m. APPROVED AS written THIS November , 1984. anciIpe oy�� ,Count a I on ATTESTt CityCLe'r 20th Maycr Coun�ilper�o,n l' c4 ncilyerson � / ,L" O ) '1� Councilperson DAY OP