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HomeMy WebLinkAbout1980-12-16city council minutesBook, 21 Page 376 REGULAR MEETING December 16, 1980 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) MOVED by Williams, SECONDED by Betts to dispense with the reading of the minutes of the Regular City Council Meeting of December 2, 1980, and the Regular City Council Meeting of December 9, 1980, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) 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 on the Agenda. OLD BUSINESS (DECISION TO RE -BID SPRAY MATERIAL) The Mayor reported that the City only received one bid for the spray material which was opened at the December 9th Regular City Council Meeting. The day after the bid opening, there was one bid received in the mail and also a phone call from another company stating that they had been out of town and would like to submit a bid. The Mayor and Jess Payne of the Parks Department felt that it would not be logical for the City Council to accept the bid based on only one bid that was submitted. It was the prerogative of the City Council to reject all bids and re- submit and the Mayor stated that he would like permission from the City Council to do so. MOVED by Carter, SECONDED by Hopper that the City Council reject the bids submitted for the spray material and that the spray material be re -bid. Councilman Raymond commented that lie had some concern with the fact that it was not fair to the person who read the rules and followed them. As he remembered, there was some question with regard to the price. The Mayor stated that he had talked with the individual who submitted the bid and explained that under the circumstances the Cit) could not logically accept the bid. The Mayor informed him that he would mail his bid back to him. The bidder was agreeable to this and the Mayor said that it would be mailed and other possible bidders notified once again. NEW BUSINESS MOTION CARRIED (PUBLIC HEARING ON ADDING CERTAIN PROPERTIES TO "AP" AIRPORT OVERLAY ZONE) The Mayor stated that the next item on the Agenda was a Public Hearin on adding certain properties to the "AP" Airport Overlay Zone. He called on Mr. Lewis, the City Engineer to give a brief explanation of this item. Mr. Lewis was recognized and explained that the lands being rezoned were at the end of the runway of the Caldwell Airport located South - east of town between Linden Street. and Ustick Road. These were land! directly in the path of the airport runway and the "AP" designation means that special consideration will be given to uses that go into Book 21 Page 377 those areas from the standpoint of congregations of large amounts of people which would not be wanted at the end of the runway. Also to control concentrations of developments of which high densities of people would be involved. Most of the land was owned by the City. There was several tracts that were not; one of them was at the Southeast and owned by Garland,, et al; on the Northwest end was Industrial Site #4 which was Caldwell Unlimited land at the moment; and the area where Mountain Bell has their large complex and the area in which Osburn Trucking was located. These were all of the areas being considered for the "AP" Overlay Zone of the Airport. The Mayor then declared the Public Hearing open and asked if there was anyone in the audience who cared to give any testimon for the "AP" Overlay Zone. Since there was no one, the Mayor then asked if there was anyone who cared to give any testimony in opposition to the same. Since there was no one, the Mayor then asked if any of the City Council members cared to comment. Councilman Raymond asked if this expanded in any way the original intent of boundaries. The Mayor seated that it did not; it simply protects. Councilman Hopper pointed out that at the Public Hearing conducted by the Planning and Zoning Commission there was no testimony offered either for or against the zoning. The Mayor then declared the Public Hearing closed. (BILL NO. 37; ORDINANCE REGARDING THE ZONING OF PROPERTIES IN THE, "AP" OVERLAY ZONE) The Mayor then read Bill No. 37 pertaining to the zoning of the properties at the airport in the "AP's Overlay Zone by title only as follows: AN ORDINANCE WHICH INCLUDES CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, IN THE "AP" OVERLAY ZONE (AIRPORT OVERLAY ZONE); THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO: REPEALING ALL LAWS, ORDINANCES, AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor then declared that this would be the first reading of Bill No. 37. (PUBLIC HEARING ON THE VACATION OF PART OF LASTER LANE) The Mayor then stated that the next order of business was a Public Hearing on the vacation of part of Laster Lane. He then called on Mr. Lewis to give an explanation of this vacation. Mr. Lewis was recognized and pointed this area out for the benefit of the Council and audience on the map in the Council Chambers. There was a plat for the whole areaaccepted and that plat changed the connection of Laster Lane to the Highway. This part of Laster Lane was adjacent to Happy Day Business Center and a new alignment for the street has been dedicated on the plat and improved. To clear the title, this part of Laster Lane must be vacated which would mean that it was no longer for use by the public and the title would revert to those who dedicated it. Although it was outside of the City Limits, the law requires that any vacation of a right of way within one mile of the City limits be vacated by the City rather than by the County. The Mayor then declared the Meeting open for a Public Hearing with regard to the vacation of part of Laster Lane. He then asked if there was anyone in the audience who cared to speak for the vacation of a portion of Laster Lane. Since there was no one, the Mayor then asked if there was anyone who cared to speak against the vacation of a portion of Laster Lane. Dwight Laster was recognized and stated that he had no opposition to it, but he was not in favor of the way the road was put in. He further said that it was almost a death trap to come off the road onto the highway. There was about: a four foot dip coming on to the Book 21 Page 378 highway and he just did not think that the present road was finished properly. IIe was not opposing the design of the road, but just would like to get the road in a safe condition. The Mayor informed Mr. Laster that the City would have an opportunit, to help get the road in a safe condition by request cooperation and also after it was annexed the City would have some control. Gilbert Wyatt was also recognized and explained that there was a. strip of blacktop that abruptly ends where the gravel portion connec to the Caldwell Boulevard and it was not wide enough to get out on the highway. If coming from Nampa, it was too narrow to come rigs* off the boulevard. Mr. Lewis explained that Happy Day constructed the road and it was really not the City's responsibility. He further said that the old road was paved and had flares for easy turning from both directions. When this road was paved, it was paved under the City's standards which was half a road plus seven and a half feet. For some reason, the property line out to the pavement was not paved. The turn from Nampa was not flared enough which should be done and the paving put in. Mmbers of the audience further commented that they had talked with Mr. Wolfe and Mr. Wolfe indicated that the problem should be handled by Mountain Bell and the State of Idaho. The Mayor told the members of the audience concerned with the condition of the road that he would certainly-, it up. He would prevail on Mr. Wolfe to try to make some adjustment although the weather could cause some problems in that respect. The conditioi of the road really would not change the vacation of the portion o Laster Lane under consideration. Freda Laster was also recognized and commented on the fact that there was also a telephone pole and wires eight feet out from the sidewalk that was very treacherous. Bob Gaskins was recognized and stated that he would protest the vacation until the new road was useable. IIe :Felt that some pressure should be put:-an Mr. Wolfe to remedy the situation. After more discussion, the Mayor assured the audience that the City would follow up on their complaints regarding the condition of the road. IIe explained that the Bill could be read for the first reading at this time. The Mayor further said that he would hope that none of them would expect the road to be fixed immediately, but the City was at least aware of the problems out there. There was no real rush for the Bill to be passed at this time so he would suggest that the Council consider this to be the first reading. The Mayor then declared the Public Hearing closed. (BILL NO. 36; VACATION OF PORTION OF LASTER LANE) The Mayor then read Bill No. 36 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, TO -WIT: That portion of Laster Lane lying between Lots 1, 2 & 6 Block 1, in the Happy Day Business Center, according to — the official plat on file in Book 17 of Plats at page 45, in the Office of the Recorder of Canyon County, Idaho; more particularly described as follows: It was then declared that this would be considered the first reading of Bill No. 36. (PUBLIC HEARING ON VACATION OF PART OF NORTH OHIO) The Mayor then stated that the next order of business was a Public Hearing on the vacation of part of North Ohio. IIe again called on the City Engineer to explain this request. Book 21 Page 379 Mr. Lewis was recognized and stated that an application was received to vacate part of North Ohio South of Nixon. Mr. Lewis pointed the area out on the map for the Council and the audience. Mr. Lewis further explained that when this area was platted, the East half of Ohio was platted down to Polk and it was still right of way. The West half of this portion has been dedicated to the City and a house was built there. If the street was to continue, it would go down the hill which would not be practical. There was an agreement between the two owners for division of the vacated right of way. It was recommended that the portion of North Ohio be vacated as there would be no future need for a street there. In discussion, the stipulation was made that the City would pay for the curb and gutter as a result of it being a dedicated right of way which would be somewhere between $70.00 and $80.00. Those requesting the vacation have agreed to pay the other costs. The Mayor then declared the Public Hearing open and asked if there was anyone from the audience who cared to speak for or against the request for the vacation of a part of North Ohio as explained by the City Engineer. Since there was no one, the Mayor asked if the Council had any comments at that time. Councilman Raymond inquired as to whether there was any need to expedite the passage of the ordinance for this vacation. Mr. Lewis was again recognized and explained that the City Attorney wanted to look at the ordinance that pertains to this vacation. IIe may not be satisfied with the ordinance as prepared and may want to ask the people to exchange deeds. Because of this, the ordinance was not ready to present at this meeting. The Mayor then declared the Public Hearing closed. (CETA TITLE VI PROJECTS) - The Mayor stated that he had a letter he would like to read to the Council as follows: TO: Ida -Ore Board Members, Newspapers, Cities 8 Counties. FROM: Bob Taisey, Jr. REQUEST FOR PROPOSALS The Area III Employment and Training Advisory Council wishes to receive CETA Title VI project proposals. Eligible agencies include Cities, Counties, Special District, Community Based Organizations, and public nor.- profit agencies. These projects must provide a community service and have measurable goals. Funds are available in Adams, Boise, Elmore, Gem, Owyhee, Payette, Valley, and Washington Counties. Interested agencies should contact Bob Taisey, Ida -Ore Planning and Development Association, Box 311, Weiser, Idaho 83572 The Mayor explained that this letter was received by the City of Caldwell by mistake. The Mayor further said that when receiving the letter he realized it did not include Canyon County and contacted Bob Taisey to try to get in on the request for proposals. Mr. Taisey informed the Mayor that allocations for Canyon County were gone. Mr. Taisey suggested that the City of Caldwell designate some project that they might want and put it in now and he would put it on the next year's schedule. If the Council had any projects in minds, he would ask that they discuss it with him. (NOTICE OF AWARD FROM AREA AGENCY ON AGING) The Mayor read the following Notice of Award: This will serve to notify you that, subject to the availability of Federal Funds, your agency has been awarded a contract for Senior Center Alterations Services, in the amount of $15,000.00 during the period of January 1, 1981 through December 31, 1981. Book 21 Page 380 A-``copy of the contract form is enclosed for your action and should be based upon our prior discussions and agreements. If you desire an Advance, please indicate this on Page 2 of Appendix A, as it will be carried as a no- interest loan for bookkeeping purposes. Please execute this contract as soon as possible and return it to me signed by your agency's authorized personnel. I am also enclosing a copy of the AOA Form 4.41, which should be signed and returned with the contract. If there are any problems or should you have questions, please contact me. /s/ Elwin E. Grout Assistant Director Older Americans Planning The Mayor also reported receiving a letter from Ida -Ore reported that the Caldwell Public Library Project would be extended per Mrs. Dunlap's request. (FINANCIAL REPORT) Councilman Betts reported that the Finance Committee met and had gone through all of the Requests for Payment and the Payroll. There was Requests for Payment in the amount of $635,671.49 and a payroll in the amount of $157,707.38 of which $31,795.24 was frin benefits. MOVED by Betts, SECONDED by Williams that the checks be issued for the Requests for payment and the payroll and the Requests for Payment be filed in the City Clerk's Office. Some discussion followed with regard to the rental of the key punch. It was explained that it was necessary for Caldwell to lease a key punch until they were on line with Nampa.. It was not feasible to purchase the punch as it would only be needed for -" that period of time. MOTION CARRIED (APPOINTMENT TO GOLF BOARD) The Mayor stated that the next item on the Agenda was a Golf Board appointment to replace Loris Navis. It was the Mayor's recommendati( that Jim Guy be appointed to the Golf Board and that Laura Gamboa be reappointed to the Golf Board. MOVED by Carter, SECONDED by Williams to confirm the recommendation of the Mayor and appoint Jim Guy to the Golf Board. to replace Loris Navis and the reappointment of Laura Gamboa to the Golf Board. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams reported to the Council that she had accepted for the Council members an invitation from Dean Miller to the Whittenberger luncheon this next Friday noon at the College of Idaho. The City was to receive monies as well as the Senior Citizen's Center. Councilwoman Williams stated that she would like to have Council comments on the Capital Improvement levy going to the Stadium projects. There will be delinquent taxes that will`be coming in which would go to the Library. The Library no longer needs any money and she would like to suggest letting everything from now on go to the Stadium account. This will need to be known as the taxes will be coming in the first of the week. The Council discussed this at some length with regard to the law and if it would be feasible. The Mayor stated that the Resolution Book 21 Page 381 passed previously stated that as soon as the Library was paid off, the fund would be transferred into another Capital Improvement and that would be the Stadium. It was suggested that the Auditor for the City be consulted as to whether this, + was a proper procedure. MOVED by Williams, SECONDED by Mallea that all Capital Improvement money starting with the December payment be credited to the Stadium account with the approval of the Auditor. MOTION CARRIED Councilman Carter reported that he attended the Golf Board and everything was going along fine. They were getting ready for spring and planned to carpet the clubhouse. Councilman Hopper informed the Council that they were all invited to the Chamber of Commerce Open House at the College of Idaho Fireside Room. This was to be Friday and the new Director for the Chamber was to be there for everyone to meet. (MAYOR'S REPORT) The Mayor stated that there would not be a City Council Meeting on the 23rd of December due to the Christmas rush. Along with that, the Mayor also stated that he would, declare the 26th of December a holiday for the City employees. He would plan to be at the City Hall to answer phone calls. He would hope that the City Council would give their blessing for this holiday for the employees. The Mayor reported that the City bought a couple of handi - talkies. On Saturday and Sunday or whenever the City Hall was closed, the public can call the Fire Department and they will transfer whatever emergency might exist to that Department. What has happened previously was that personnel were given comp time for staying around to receive calls over the weekends. With the handi - talkies, the personnel will be in town and on call, but will have flexibility to move around. The Departments involved will be the Treatment Plant, Irrigation Department, and Street Department. The Mayor also wanted the public to be aware that they cannot put in speed bumps on the public right of ways. Someone had evidently put in three concrete abutements down an alley and the City had to go in and remove them. The next item was insurance quotations and the A.I.C. has another insurance program on group insurance which includes automobile liability, personal injury liability, including false arrest and civil rights and errors of omission liability. The Mayor informed the Council that he would hope they would take a serious look at it as the City was not satisfied with what has happened so far. The Mayor then stated he would like to read to the City Council a letter that he wrote to Hector Villarreal: As you are aware, when the Planning Commission and City Council granted you a special variance to put Hec's Fun Spot in its present location, it was given with the understanding and assurance by you that it would cause no troubles to the down- town merchants. Unfortunately, many instances have arisen - recently where your establishment has been the center for general vandalism of adjacent properties, and in two instances harassment of persons owning adjacent businesses. Although it would be difficult to place the blame for the broken window and theft at the Ward's building as being caused by your business, the fact remains that once again it is in the immediate area. On many occasions the City and the businessmen have been forced to clean up broken glass in the alley behind Western Auto Store and on Main Street where bottles have been thrown against the sides of buildings causing visible damage. Although we hear the excuse that it is not the business that should be blamed, since no problems seem to exist inside the doors, we are forced to look at the fact that if such business did not exist neither Book 21 Page 382 would the external proble)ns, Due to the above factors - I must insist on an immediate termination of all acts of violence and harassment, or I will be forced to take action against your establishment for creatin€ a nuisance. The Mayor then stated that he asked and.had :received permission in the past to get time clocks. The Mayor further said that he would like to pursue this now. This would cost about $220.00 and he was sure that it was budgeted. Some discussion followed with regard to Council members not having a place that they can come to in the City Hall to do some work. The Mayor suggested that they could use the extra desk in the Building Department. There was very little business in there at this time'and he was sure it would be quiet there. It was also suggested that a screen could be put in there for some privacy. The discussion then ensued about putting the screens in the front office. The Mayor stated that he had hesitated in changing the front office around until everything was on line so they- could,b.e sure where they wanted them. There being no further business, the Meeting was adjourned at 8:25 p.m. APPROVED AS written THIS 6th DAY OF January 1980 Coun�[ Tman / /> Cou�czlmans Councilman' % ATTEST: City CTeY. KC'/ ,