HomeMy WebLinkAbout1981-11-17city council minutesBook 22 Page 323
REGULAR MEETING
November 17, 1981
7:00 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)
MOVED by Williams, SECONDED by Carter to dispense with the reading
of the minutes of the Regular City Council Meeting of November 4,
1981, and the Regular City Council Meeting of November 10, 1981,
and approve them as written.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor asked if there was anyone in the audience who would care
to direct any comments or questions to 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. The Mayor did request
that in the event that Mr. Gilbert comes back into the meeting
after his discussion with the City Engineer, that he be allowed to
speak to the City Council with regard to his problems if he so
desires.
OLD BUSINESS
(DECISION ON TEMPORARY ACCESS AGREEMENT)
The Mayor stated that they would dispense with this item as it was
discussed informally at noon and the City Council determined that
they would postpone the decision until letters of intent were
received.
(REPORT FROM COMMITTEE ON REQUEST FROM THE COLLEGE OF IDAHO)
The Mayor stated that at this time he would like a report from the
Committee regarding the request made by the College of Idaho for the
closure of some roads.
Councilman Hopper was recognized and stated that the Committee
would like to postpone the decision on this request as it was in
the stage of progress and they have not completed their study.
NEW BUSINESS
(RESOLUTION NO. 68 -81 - IDAHO FIRST NATIONAL BANK)
The Mayor informed the City Council that the first item under New
Business was a Resolution with the Idaho First National Bank
regarding a property trade. The Mayor explained that the Idaho
First National Bank has offered the City of Caldwell a direct trade
of a piece of property on the West side of the Bank from the alley
over to Blaine Street for the present building and site where the
Bank was located. The Mayor then read the Resolution in full as
follows:
WHEREBY, The Idaho First National Bank has offered the
City their bank building at Caldwell, Idaho, and certain lands
yet to be determined joining it in direct trade for certain
lands owned by the City West and North of the Caldwell Fire
Station, the area of which is also yet to be determined, and;
WHEREAS, Indications are that this could possibly be a
benefit to both parties, and;
Book 22 Page 324
IhHF REAS, The citizens of Caldwell might gain from the
trade;
THEREFORE, BE IT RESOLVED That the Mayor and City Council
pursue the possibility of a trade and that the Mayor and a
City Council Representative be directed to communicate with
the Bank officials and keep the City Council notified of
progress.
MOVED by Raymond, SECONDED by Mal-lea that Resolution No. 68 -81
pass as presented by the Mayor.
Roll call vote. Those voting yes: Raymond, Mallea, Hopper.
Carter, Betts, and Williams. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
(PRESENTATION OF CERTIFICATE TO BECKY DARNALL)
The Mayor stated that at this time he would ask that Becky Darnall
come forward to receive a Certificate of Appointment as an
Associate member of the Planning and Zoning Commission. The Mayor
further explained that Miss Darnall would not be able to vote while
serving on this Commission as so many of the determinations made by
this Commission were with regard to law. She will, however, be able
to enter into the discussions. The purpose of having the young
people as members of these Commissions was to get the young people
more involved and familiar with City Government. The Certificate
was then presented to Miss Darnall. The Mayor also said that a
Certificate was to be presented to Dan Driscoll as a member of the
Community Resources Committee, but he was unable to attend this
meeting.
(CHANGES IN STREET LIGHTING RATES)
The Mayor stated that he would not go into this item as copies
of the information from the A.I.C. was distributed to the
members of the City Council. He would ask the City Council to
look it over and since it was only in the beginning stages at this` " ""
time, they would discuss it at a later. date.
(LETTER OF NOTIFICATION TO BAR OWNERS)
The Mayor stated that there was about fifty establishments in the
City of Caldwell who have Liquor, Beer, or Wine licenses. The Mayor
further said that some of these establishments have more problems
internally than others and require far more police support through
calls. The Mayor said that he felt very strongly that management
had a lot to do with the numberof problems. It cost a minimum
of fifty dollars for a police vehicle call and with the backup
required, it actually was one hundred dollars. These figures, the
Mayor stated, came from the City of Boise and the City of Nampa as
both of these cities made a study with regard to the costs of calls.
The Mayor further commented that he did not want any establishments
to feel that they should not call if they do have a problem. It was
the hope of the City and the Bar Owners Association to stop the
problems before the calls have to be made to the Police. The Mayor
then said that he would read the letter that would be sent to
seven establishments in the City of Caldwell:
In accordance with Caldwell City Code No. 4 -7 -16 regarding
Renewal of License and supported by the recommendation of
the Caldwell Police Chief based on the number of calls for
assistance from the Police Department compared with other
establishments, you are hereby notified it will be necessary
for you to appear in person before the City Council at a
scheduled Council Meeting before renewal of your Beer, Wine or
Liquor License (as pertains) will be considered for renewal.
Call City Hall (459 -3641) and contact City Clerk, Betty 3o
Keller, if you desire to be included on a City Council Meeting
Agenda.
The Mayor further stated that this does not mean that they will not
get a license; it simply means that the City of Caldwell wants to
assist them in, the problems that they might be having.
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Page 325
The Mayor stated that he would not read the list of those bars
being sent the letter at this time as the letters were not sent out
as yet. The names will then be a matter of record.
(RESOLUTION NO. 67 -81 - REHAB FOR BLANCHE L. DAVENPORT)
The Mayor called on Councilman Carter of the Rehab Committee to
discuss this Resolution.
Councilman Carter was recognized and informed the City Council and
the Mayor that the Rehab Committee met and acted on a loan for Blanche
L. Davenport. This was an addition of $400.00 to the original loan
that was approved previously. It was the Committee's recommendation
that this Resolution for the Rehab Loan be approved.
The Resolution was read by title only as follows:
RESOLUTION APPROVING A HOUSING REHABILITATION FOR BLANCIIE L.
DAVENPORT AND PROVIDING AN EFFECTIVE DATE.
MOVED by Carter, SECONDED by Raymond that Resolution No. 67 -81 be
passed authorizing the Rehab Loan for Blanche L. Davenport.
Roll call vote. Those voting yes: Carter, Betts, Williams,
Raymond, Mallea, and Hopper. Those voting no: none. Absent and
not voting: none.
MOTION CARRIED
(AUDIENCE PARTICIPATION - BILL GILBERT)
The Mayor said that at this time he would revert back to the
Audience Participation item on the Agenda. The Mayor then asked
Mr. Bill Gilbert if he cared to address the City Council at this
time.
Mr. Gilbert was recognized and stated that he would like to discuss
his problem with the City Council. He further said that he was the
owner of the thirty -five and thirty -six hundred block on East
Cleveland. There was at this time some sewer work going on out there
which was creating some problems for him. Mr. Gilbert stated that
he had prepared copies of documents with regard to the problems
and would distribute this material to the Mayor and City Council at
this time. Mr. Gilbert also stated that he would read the memo
written by him to the Mayor as follows:
This will advise that the indeture made by the City of Caldwell
and Bill Gilbert on June 30, 1981, is null because of the failure
of the City of Caldwell to meet those considerations which were
conditions of said easement.
It is my suggestion that in the absence of an easement the
presence of sanitary interceptors and sewer lines on my property
is in violation of my rights. It is my further suggestion that
the City of Caldwell refrain from any use of those sanitary
interceptors and sewer lines from this time on.
Because of the failure of the City of Caldwell to provide those
considerations I have suffered considerable losses, damages, and
— anguish. I am assessing those losses and damages. I will
endeavor to assertain same as expeditiously as possible, at
which time I will look to the City of Caldwell for just
compensation.
Mr. Gilbert discussed at some length the many complaints he had
with regard to this work being done along Cleveland Boulevard and
went through all of the documents that he distributed to the City
Council. These documents were attached to the minutes as Exhibit "A ".
After listening to the complaints of Mr. Gilbert, the Mayor stated
that he had a long discussion with Mr. Gilbert in his office. At that
time Mr. Gilbert insisted that the asphalt be laid that day as
stipulated. The asphalt was laid, it started raining and as a result
was probably a poor job. Mr. Gilbert insisted that the asphalt be
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Page 326
laid. With regard to the forklift moving the cars, it was suggested
by Mr. Gilbert that they do the job as they could do the job much
better. The Mayor further stated that the contractor did run into
some problems; cement as an example and right now the job was steppe(
due to the water level being so high. It was necessary to pump the
water lower as they go along.
Ron Redmond, City Engineer, was ;recognized and stated that they coul�
go through the list of concerns that Mr. Gilbert had, but he did not
believe this was the appropriate time during the Council Meeting.
There was some reasons that could be addressed and there was some
definite problem areas. Mr. Redmond stated that the suggestion
was made that Mr. Gilbert, the.Contractor, and Alpha Engineers
sit down and work out some reasonable solutions to the problems.
The Mayor's suggestion to the City Council was that the Contractor
and Construction Engineer talk with Mr. Gilbert and perhaps pinpoint
the concerns.
MOVED by Mallea, SECONDED by Carter that the problem be turned over
to the Contractor and Alpha Engineers to be discussed with Mr.
Gilbert.
MOTION CARRIED
(FINANCIAL STATEMENT)
The Mayor called on Councilman Betts to present the Financial
Report.
Councilman Betts reported that the Committee had gone over the
Requests for Payment for the month. There was Requests for Payment
totalling $413,965:84; a Payroll of $175,928.44, of which
$35,904.00 was fringe benefits with a total expenditure of
$589,894.28.
MOVED by Betts, SECONDED by Williams that the checks be issued
and the Requests for Payment be filed in the City Clerk's
Office.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilwoman Williams stated that she had no reports to make at
this time.
Councilman Betts reported that there was a Finance Committee
Meeting last Thursday and the main topic of discussion was the
Fire Chief's request for a new fire truck. After going through the
budget, it was the Finance Committee's recommendation to the City
Council that bids be let for a new fire truck. Councilman Betts
further explained that the reason this was an urgent request was
that the truck the City now had on order was to have been received.
in September. It was requested more than a year ago and was still
not received. The Fire Chief felt that it would probably be
eighteen months from the time the truck was ordered before it would
be delivered. The present truck was just about on its last run as
it was a 1948 model.
MOVED by Betts, SECONDED by Williams that bids be let for a new
fire truck.
MOTION CARRIED
Councilman Betts further stated that the Committee also discussed
the sidewalk for Mrs. Jones. That particular project was turned
over to a Committee to receive more information from the Building
Inspector before a final decision was made.
Councilman Carter reported that he attended the Senior Citizen's
Center Board Meeting on Monday and there was nothing in particular
to report. The Golf ] Board was to meet the next day.
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Page 327
Councilman Hopper gave an extensive report with regard to driving
a street sweeper from Montana back to Caldwell for the Street
Department. The Mayor commented that the City Council really owed
him a vote of thanks for delivering the sweeper.
Councilwoman Mallea reported that as the Committee of one assigned
to getting information for the review of the beer licenses, the only
answer she had received at this time was from the Association of
Idaho Cities. She further said that she had contacted the Idaho
State Liquor Law Enforcement, the City of Boise, and the Attorney
General's Office and was hoping to hear from them soon. The
information she was seeking was the procedures to follow so the
City of Caldwell can write their ordinances so to proceed in the
proper manner. The Mayor pointed out that he felt there would have
to be some Legislative changes before the City could proceed.
Councilman Raymond reported that the Rehab Committee met and took
action as discussed earlier in the meeting with regard to Mrs.
Davenport's loan.
CMAXOR'S COMMENTS)
1. Town Hall Meeting. The Mayor informed the City Council that he
received a call from the Governor's Office and the City of
Caldwell will be the Town Hall Capitol for a day on December
11th, 8:00 p.m. to 9:00 p.m. It will be held in the City
Council Chambers.
2. The Mayor also reported that the City of Caldwell will receive
$50,000 from F.A.A. of the anticipated $55,000. He was in
hopes that they could ascertain why the City did not receive
the other $5,000.
Three lights installed. The Mayor then reported that three
lights were installed downtown with the money that was given
towards the lighting project. The Mayor stated that he felt
these lights were installed in areas that he felt were very
hazardous. One was on the corner of Fifth, which was a
replacement; also on Sixth where there has been no light at
all; and the third was in the alley behind Bill Morrison's
Office.
The Mayor explained that the Employee's Recognition Banquet
was scheduled for the 18th of December. No tax monies can be
used for a party of this kind. The employees want to try to
raise their own funds for the party. The employees specified
that they did not want the City Council to assist except for
some help on raffle tickets during the garage sale that they
were planning at the Armory. It was the employee's request
that perhaps the Council members could go around town and
attempt to get a couple of dinners donated so they could be
raffled off or given as door prizes. The employees did not
feel that they could go out and solicit the merchants.
6. Dog pound project. The Mayor reported that he had a meeting
with the Mayor of Nampa and Ken Harward and the County
Commissioners with regard to this project. The dog program
was discussed in general. The City of Caldwell was going to
give them the $5,000 received from the Gannett Grant to be used
for fencing or whatever. They were trying to get a code passed
by the County to cover everything which would include fees and
etc. They seemed to want to go with Nampa's fines which were
quite a bit higher than Caldwell's. All of the fees for licenses
will go to the City, but this would be all the income the City
would receive. The pound fees and so forth would go towards
the care of the facility.
7. Divert Program. The Mayor informed the Council that he started
a new program that he was sure they were aware of called the
"Do It Voluntarily and Enjoy Reduced Taxes." He needed people
who were willing to do things in the community for doing any
number of things.
8. Sewage Damage Claim. The City received a sewage damage claim that
the Mayor stated he would turn over to a Committee of Jack Carter
GOOK Z/
Page j28
Councilman Elect, and Pete Cowles, Councilman Elect. Some
discussion followed as to whether this would be proper since
they had not been sworn in as Council members as yet. Council-
man Raymond pointed out that the Mayor could appoint anyone he
c"ared'to as a Committee. The information involved in this clan
could be obtained from City personnel. The Mayor read the claii
and'then turned it over to the two Committee members.
9. Letter from the Retail Merchants. The Mayor read a letter from
the Retail Merchants informing the Mayor and Council of the
proposed Christmas parade. The letter requested a possible
donation from the City of Caldwell towards the prize money for
the parade. The Mayor.poin:ed out that,the.parade last year
was excellent even though smaller than some of the other cities
in the area.
10. The Mayor stated that the Recreation Department called him
and they have quite a project going on at the old Jefferson
Field which was far more than was expected. He said that he`
would like to discuss this with Councilman Hopper.
(AUTHORIZE FILING FEES FOR THE LEOS CASE)
The Mayor stated that he would like to have the City Council authori
the filing fees for the Leos case.
MOVED by Betts, SECONDED by Mallea that the City Council authorize
the filing fees for the Leos case.
MOTTON CARRIED
(DISCUSSION REGARDING THE LEASING Or THE GROUND AT PURPLE SAGE)
The Mayor informed the Council that Me. Andrews was in to see him
that day and would like to lease the ground -at Purple Sage again. T]
Lease was to terminate in February, but Mr. Andrews would like to
discuss it with the City now so he could be doing some work on it.
It was determined after discussion that Councilman Hopper would talk
with Mr. Andrews with regard to the lease.
(REPORT BY POLICE CHIEF)
The Police Chief reported that his Department found about four
hundred and fifteen old dollars in evidence at the Police Station
which would be turned over to the General Fund. There was also
other items that would be auctioned off. The evidence tags on th,
items were very old and every attempt had been made to find owners
of the items.
IIe also advised the Mayor and City Council of the graduation of Jame
Hollis from the Academy in Boise the 20th of November at 11:00 a.m.
' The address was .3311 West State Street.
The Police Chief also mentioned the Department's good fortune in
apprehending some burglars in the last fFw days which was attributed
to some good luck and some new detectives that were working very har.c
-,There being no further business, the Meeting was adjourned at 9:00 p
APPROVED AS wxafi�n THIS "_ 'DAY OF �1e��nr 1981.
ATTEST:
City Clerk