HomeMy WebLinkAbout1982-11-23city council minutesBook 23 Page 312'
REGULAR MEETING
November 23, 1982
12:00 Noon
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
present: Raymond, L. Carter,
and Cowles.
(AUDIENCE PARTICIPATION)
was called with - the following members
J. Carter, Mallea. Absent: Betts'
The Mayor asked if there was anyone from 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
(RECOMMENDATIONS ON BIDS FOR SURVEY VAN, LOADER, AND PICKUP)
The Mayor called on Councilwoman Mallea, a member of the Did.
Committee, to reort with regard to this recommendation.
Councilwoman Mallea stated that there was no controversy or
discussion on the bids for the va.n and the pickup. The lowest
bidder for the survey van was Jim Dobbs at $7,748.00. For the
pickup, Twin Cities Toyota was the low bid at $5,787.00.
It was then MOVED by Mallea, SECONDED by J. Carter that the bids as
presented and recommended by the Bid Committee be awarded for the
van to Jim Dobbs at $7,748.00 and to Twin Cities Toyota for the
pickup at $5,787.00.
MOTION CARRIED
Councilwoman Mallea further commented that the bid on the loader
was somewhat complex. The low bid in this regard was for a bid for
a new machine from Century Equipment This bid, however, did not
meet the specifications. The specifications stated that the cab
would be located on the rear wheels and this item was significant
to the Street Department. The next lowest bidder for a new
machine, which was listed in the specifications and which was bid
on, was a new Cesco machine at $39,000. However, when some of the
companies called - the Engineering Department, the Engineer allowed
them to list an optional bid for a used machine which was
acceptable to the City. The lowest bidder of a used machine was
$33,797.00 which was submitted by Cesco. Some of the other
companies feel that they should have been allowed the alternate in
the specifications. Councilwoman Mallea further said that she felt
the City had two choices; accept the lowest new machine which was
the Cesco for $39,100.00 or throw all bids out and accept two
different bids, one on the new machine or a used machine. The City
would save $6,000 by buying the used machine. Councilwoman Mallea
also pointed out that the City Engineer was out of town at this
time.
The City Council discussed this item at some length. Councilwoman
Mallea stated that it was the advice of the Committee to the City
Engineer that although the used machine was acceptable, since the
specifications said new machine the City should accept the bid for
the new machine or throw out the bads. The Mayor stated that he
would strongly suggest that the bids be thrown out and another set
of specifications drawn up and the City call for bids again. The
Mayor also pointed out that the City Engineer was not present and
he would like his comments with regard to this bid..
Book 23 Page 313
It was then MOVED by Mallea, SECONDED by Raymond that the City
Council delay acceptance of this bid and consult with the City
Engineer and the City Attorney.
MOTION CARRIED
(BILL NO. 21 - INDUSTRIAL REVENUE BONDS)
The Mayor stated that the next item on the Agenda was with regard
to discussion on Industrial Revenue Bonds. The Mayor further said
that there was no rush on this item. Roger Horton was present at
the meeting and had several items that he would like to address or
discuss with the City Council.
Mr. Horton was recognized and informed the City Council that he
felt he was relatively well versed on the topic of industrial
revenue bonds, but not on the drawing up of an Ordinance. It was
his understanding that the City Council did have the City Attorney
working on the proposed Ordinance. Mr. Horton further said that
when he looked through the ,proposed Ordinance, he saw some
statements that looked more like an environmental protection act
than an industrial revenue act. They always seem to come back and
have a rejoinder that this Ordinance shall not limit the
Legislative Act, but he was wondering why they were recited in the
first place. He didn't have any reservations about anything in the
Bill, but wondered if some of the language was necessary. Mr.
Horton further said that the City in no way can be held liable.
Councilman Raymond reminded the City Council that there was to be a
speaker the next day on industrial revenue bonds and would suggest
that the Council not take action until after that presentation.
The Mayor then suggested that he read the Bill by Title only at
this time and consider it to be the first reading. Bill No. 21 was
then read by title only as follows:
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ESTABLISHMENT,
ORGANIZATION AND OPERATION OF A PUBLIC CORPORATION TO
IMPLEMENT TITLE 50, CHAPTER 27, IDAHO CODE, AS AMENDED,
APPROVING A CHARTER FOR SUCH CORPORATION, SPECIFYING THE
POWERS, AUTHORITY AND LIMITATIONS OF THE PUBLIC CORPORA'T'ION,
PROVIDING FOR CONTROL AND SUPERVISION OF THE PUBLIC
CORPORATION BY THE CITY; AND PROVIDING AN EFFECTIVE DATE.
The Mayor then declard this to be the first reading of Bill
No. 21.
(OATH OF OFFICE TO AUXILIARY OFFICER -- DOUG LAW)
The Mayor requested that the City Clerk administer the Oath of
Office to a new Auxiliary Officer for the Police Department, Doug
Law. Members of the City Council extended their congratulations to
Mr. Law.
The Police Chief gave a brief summary of Mr. Law's background and
experience stating that he felt the Department was very fortunate
to have him working for the City of Caldwell.
NEW BUSINESS
(RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION)
The Mayor called on Mrs. Robison to present these recommendations
from the Planning and Zoning Commission.
Mrs. Robison stated that the first recommendation was to rezone
property at 1702 South Kimball from R -1 to R -3. The property was
located on the corner of Kimball and Logan and the rezone request
was from Robert and Joyce Howard. They would like to use the
property for a professional office and in order to do this, they
would have to rezone and have a special permit. The Planning and
Zoning Commission held a public hearing on both the rezoning and
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Page 314
the special permit and granted the permit subject to the rezoning.
There was no objections voiced at the Public Hearing on either
request.
The Mayor stated he would set the date for the Public Bearing on
the 21st of December.
Councilman Betts arrived in the Council Chambers and was counted as
present.
Mrs. Robison informed the Mayor that the next recommendation was
with regard to zoning text amendment to allow C -3 uses within the
first 200 feet of property in Industrial zones fronting on major
arterials, minor arterials and collector level streets. The
Planning and Zoning Commission did not feel it would create any
major problems by allowing this.
The Mayor stated that he would set the Public Hearing for this
request on the 21st of December.
Mrs. Robison presented the third recommendation which was - the
vacation of Belmont between 12th and 13th which was requested by
Canyon County. The recommendation to the Council was as follows:
A traffic study was prepared by the Engineering Department and
submitted as requested. The conclusion of the study was that
the predominant use of Belmont between 12th and 13th is for
employee parking for the Courthouse; however, as many as 120
trips per day could be attributed to residents residing on
Belmont between 13th and 15th.
It was the recommendation of the Commission to deny the
request to vacate that portion of Belmont for the following
reasons:
1. Once the street is vacated, it would be difficult to
regain right of way there if it became desirable to do so.
2. With the upgrading and extension of Chicago and
anticipated commercial development bordering it, to vacate
Belmont at this time might 'be premature with respect to
altering traffic patterns in the area. Belmont could continue
to be used as access for vicinity residents who might wish to
stay off of heavily traveled ways.
3. There would be some inconvenience for residents east of
13th who would have to go around the 2 -block area.
The Mayor also went over the Traffic Study prepared for the Belmont
Street Vacation. The City Council discussed this study and the
recommendation at some length. Council members questioned the
County Commissioners, who were present at the Meeting, with regard
to proposed parking in the area. The Commissioners answered that
there was no plans at the present as there was no need to plan
until a decision was made, but they did feel it would be in their
parking program. Several of the Council members questioned -the
numbers in the traffic study. The Mayor recommended that the
Council either uphold the Planning and Zoning Commission's
recommendation or request that the Engineering Department make
another general study if there was a question as to the 120 trips
per day. Mrs. Robison informed the City Council that no one
testified with regard to this request at either hearing. The Mayor
stated that he would like to see someone go from house to house in
the area to get their opinion as to the vacation.
It was then MOVED by Mallea, SECONDED by J. Carter to uphold the
decision of the Planning and Zoning Commission on this request to
vacate Belmont between 12th and 13th.
Roll call vote. Those voting yes: Mallea, Betts, and J. Carter..
Those voting no: Raymond and L. Carter. Absent and not voting;
Cowles.
Book 23
Page 315
MOTION CARRIED
Councilman Raymond then MOVED, and it was SECONDED by Betts to seek
additional information so that the City Council could
reconsideration this request at a future time.
MOTION CARRIED
(POLICY ON SEXUAL HARASSMENT)
The Mayor stated that he had distributed copies of the policy on
Sexual Harassment to the members of the City Council for their
purusal. The Mayor further said that Mr. Koch brought him some
information with regard to this item from a Seminar he had
attended. The copies given to the Council was a Policy established
by the City of Pocatello which covered those things in the material
from Mr. Koch. There was certain things that were mandatory and
definite procedural steps that were necessary. It was the Mayor's
recommendation that this be included in the Personnel Policy.
MOVED by Raymond, SECONDED by Betts that the City of Caldwell
include in the Personnel Policy the Sexual Harassment Policy which
was obtained from the City of Pocatello.
MOTION CARRIED
(PRESENTATION ON JAIL RENOVATION)
The Mayor stated that the next: item on the Agenda was a
presentation on the jail renovation by Police Chief Dormois and
Captain Al Wing.
Both the Police Chief and the Captain addressed the City Council on
their study made in preparation for the possible renovation of the
City jail. Their scope was toward a Class C institution quartering
only those inmates who have not been sentenced and not been
arraigned. Actually, they were talking about a holding facility of
a maximum of three or four days for adult males; the juveniles and
females would not be housed here.
Captain Wing gave an extensive report as to the costs that would be
involved in this renovation. The City Council and the Mayor asked
numerous questions with regard to this item and quite a lengthy
discussion ensued. The Mayor commented that some of the figures
presented were high and he felt this was putting the facility back
way beyond what he had anticipated. The Mayor suggested that the
proposal should be cut down and then read to the Council figures
received with regard to the prisoner costs at the County.
Councilman Raymond pointed out that Captain Wing indicated that
there would be an Inspection Team here sometime in the near future
and he did not feel that the City Council should spend too much
time on this issue until they received this recommendation. The
Mayor also informed the City Council that Councilman Betts was
meeting with Commissioner Koch and the Sheriff to discuss the cost
of prisoners. The Mayor also agreed that it would be best to wait
for further information, but to keep in mind that this renovation
was to be a minimal type of project.
(EXECUTIVE SESSION CALLED)
It was MOVED by Mallea, SECONDED by J. Carter that the City Council
adjourn into an Executive Session pu.rsuent to Idaho Code, Section
67 -2343, for the purpose of discussing land after the Regular
Meeting was adjourned.
Roll call vote. Those voting yes:: Mallea, Betts, Raymond, L.
Carter, and J. Carter. Those voting no: none. Absent and not
voting: Cowles.
MOTION CARRIED
Book 23
(COMMITTEE REPORTS)
Page 316
Councilman J. Carter reported that he attended the Planning and
Zoning Commission Meeting and what was discussed has already been
addressed.
(MAYOR'S COMMENTS)
The Mayor informed the City Council that he had the forms for the
City Council to submit nominations for the Supervisor of the Year
Award. He would ask that the Council members give this their
attention as soon as possible.
The Mayor also stated that an appeal was submitted to the City on a
decision made by the Planning and Zoning Commission. The letter,
was as follows:
We the undersigned do hereby submit - this Appeal to the
Caldwell City Council of a decision of the Caldwell Planning
and Zoning Commission. Action appealed was the allowance of a
Special Permit to allow the storage of remains (beams) from
the I -84 Boise River bridge, on Lots 4 and 5, Block 1, of the
G & S Industrial Tract, during the November 18, 1982 meeting.
The material was deposited in violation of ordinances
summarized in 6 -2 -1 of the Caldwell City Code, during August,
1982. We respectfully submit this petition on this 19th day
of November, 1982.
/s/ Russell Whipple
Dana Dobson
The Mayor then set the Public Hearing for this appeal on the 21st
of December at the Regular City Council Meeting.
(CATERING PERMITS)
The City Clerk presented several Catering Permits for approval. All
were to be catered by The Corral, one on the 26th and 27th for the
Owyhee Motorcycle Club at the Exbo Building at the Stadium, the
Eagle's Hall on the 7th of December for Albertson's party, the
Eagle's Hall on the 18th of December for the Eagles, the Eagle's'
Hall on 'the 31st of December for the Eagles. The Chief of Police
submitted his approval and the fees were all paid to the Office of
the City Clerk.
MO'V'ED by L. Carter, SECONDED by Ma:l.lea that approval be given for
the Catering Permits as presented.
MOTION CARRIED
(RESOLUTION NO. 58 -82 - REHAB LOAN FOR ,JUAN AND OLGA MUNOZ)
Councilman J. Carter read Resolution No. 58 -82 by title only as
follows:
RESOLUTION APPROVING A HOUSING REHABILITATION FOR JUAN AND
OLGA MUNOZ AND PROVIDING AN EFFECTIVE DATE.
MOVED by J. Carter, SECONDED by L. Carter that Resolution No. 58 -82
be passed authorizing the Rehab Loan for Juan and Olga Munoz.
Rol]_ call vote. Those voting yes: J. Carter, Mallea, Betts,
Raymond, and L. Carter. Those voting no: none. Absent and not
voting: Cowles.
MOTION CARRIED
There being no further business, the Regular City Council Meeting
was adjourned at 1:15 p.m. and the City Council convened into an
Executive Session as voted on. The Executive Session was
adjourned at 1:30 p.m.
Book 23
ATTEST:
Page 317
City C1 3
APPROVED AS __MjLlttELn THIS 7th DAY OF