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HomeMy WebLinkAbout1982-02-02city council minutesBook 23 Page 32 REGULAR MEETING February 2, 1982 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 and asked that Sergeant McDaniel lead the Pledge. The Roll of the City Council was called with the following members present: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Absent: none. (APPROVAL OF MINUTES) Councilman Betts stated that he had read the minutes and would ask for a correction on the minutes of the meeting of January 26, 1982, on Page 31, where it stated that the meeting was adjourned at 1:40 p.m. Councilman Betts said that this time should have been 12:40 p.m. It was then MOVED by Betts, SECONDED by Cowles that the minutes of the Regular City Council Meeting of January 19, 1982, be approved as written and the minutes of the Regular City Council Meeting of January 26,.1982, be approved as corrected. MOTION CARRIED (AUDIENCE PARTICIPATION) 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 stated that the Meeting would continue as outlined. OLD BUSINESS (WATER RATE DETERMINATION) The Mayor stated that the first item under Old Business was a - determination on the water rates. For the benefit of the audience,, he explained that there was an extensive study done on this consideration trying to make it as fair as possible for both factions. The City of Caldwell has been trying to encourage Industrial and Commercial development in the community and the City Council did not want to destroy this. On the other hand, they did not -,:want the Industrial or Commercial businesses to be subsidized by the Residentia accounts. The City Council, therefore, had to arrive at a fair rate. At this time, the Mayor said that he would turn the issue over to the City Council.for discussion and a determination. Councilman Betts was recognized and stated that at the last Monday Finance Meeting, they went over all of the proposals for water rates and the Finance Committee was asking that the Council take action at this meeting tonight. Their recommendation was Plan B modified. This Plan was modified so that instead of a $4.00 minimum,there would be $5.00 minimum and the rate will be 44� per 100 cubic feet up to 50,000 cubic feet; at that point the rate will reduce to 28�. Basicall what this does to the small users was to increase their bimonthly bill by $1.00. It was the Committee's opinion that through this formula the amount of money going to Capital Improvements was relatively well proportioned between the Residential users and the Commercial users. They will be paying a fair share. The Mayor remarked that it will reduce the Commercial users,.but the` Commercial user's rate would be five times higher it was previously. It would be quite a substantial increase; but it was not unfair as the small users have been subsidizing the Commercial accounts for many, many years. The Mayor felt that the Council had done an excellent job and he would commend them for it. Councilman Betts said that there was one thing that would like to clarify. There seemed to be some confusion as to what the large users were paying and it was mentioned that in the past under the old formula the large users were only paying 64 for their water. with the Book 23 Page 33 new and the old plan, the large users of water were still paying the same rate as the small users; 44� and would still be paying 44� on all water used up to 50,000 cubic feet. After that point, their rate will be reduced on the excess used. Everybody that uses water will still be paying 444 somewhere in the formula. Councilman L. Carter also mentioned that.$2.00.of_ the $5.00 will go towards Capital Improvement which was specified for improvements only. The Mayor also commented that.the City of Caldwell has been very negligent in improving and replacing their existing water system. There was some lines in the City that were still the old wooden lines with wire around them. If there was a need for extensive repairs, the Capital Improvement Fund._would be available. The Mayor then asked if the Council would take action on this determination. Councilwoman Mallea was recognized and said she would like to offer the observation that all the large users go through every step that a small user does and out of the 5,790 consumers there was fewer than thirty who consume the maximum amount. It was then MOVED by Mallea, SECONDED by Cowles that the Resolution be established that was required to enact these water rates for the City of Caldwell. Councilman Betts asked if it shouldn't be included in the motion that these rates be implemented at such time as the computer program was adjusted. The Mayor said that this would not be necessary as it was a matter of "have to" and would be taken care of by Administration. The Mayor then asked for a roll call vote on the motion. Those voting yes: Mallea, Betts, Cowles, Raymond, L. Carter, and J. Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (POSSIBLE ACCEPTANCE OF PERSONNEL POLICY) The Mayor explained that another project that they have been working on with a great deal of difficulty was a new Personnel Policy. The City of Caldwell has had an inadequate Policy for some period of time. The Mayor further said that according to the reports from the Council, he did not believe that they were ready for action at this time. He would, therefore, bypass this decision until more time was spent on it. (ANNOUNCEMENT ON TREATMENT PLANT INSPECTION) The Mayor called on the City Engineer, Ron Redmond, to address this item. Mr. Redmond was recognized and informed the Council that there was a final inspection on the new Wastewater Treatment Plant by E.P.A. and the State of Idaho Department of Health and Welfare. There was a letter sent to the Mayor with regard to this inspection which he read to the City Council. The letter indicated that they found the operation to be totally satisfactory and that it would be recommended to the E.P.A. Corps of Engineers that the Grant be closed pending a completion of several outstanding items. NEW BUSINESS (POSSIBLE INSURANCE CLAIM ON STADIUM DAMAGE) The Mayor explained that this claim was with ,regard to an individual who destroyed $70.00 worth of trees and some poles. The total amount came to $174.00 and the Mayor-said he would turn this over to the Insurance Committee, Councilman Cowles, to contact the insurance company. (RESOLUTION NO. 3 -82 - ESTABLISH CEMETERY FEES) The Mayor stated that the next item on the Agenda was to establish Cemetery fees. He then asked if any of the Council members cared to Book 23 Page 34 address this item as they all received copies of the proposed fees. Councilman Raymond was recognized and said that he was in agreement with those proposals as suggested by the Sexton of the Cemetery. The only change that he felt would be appropriate was the fees for lots for both adults and baby burial should be the same for the potter's field area as for the regular cemetery burials. With that change in the proposal, Councilman Raymond said that he would sponsor the Resolution. The Mayor then read the Resolution as follows: BE IT RESOLVED That the.fees and regulations set forth in the Petition attached hereto and made a part hereof as though set forth in full are hereby adopted by the Council--- City of Caldwell. MOVED by Raymond, SECONDED by L. Carter that Resolution No. 3 -82 be passed with the change as specified. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ILLEGAL ENCROACHMENT ON ALBANY BY DAIRYMEN'S) The Mayor called on Ron Redmond, the City Engineer, to explain this item on the Agenda. Mr. Redmond stated that last week the Building Department and the Engineering Department discovered some violations on .Albany Street by Dairymen's Creamery. A letter was.sent to Mr. Frank Krone, the Manager, explaining the violations of the Uniform Building Code and the City of Caldwell Code. Mr. Redmond then pointed out these violations on a map fox. the benefit of the City Council. Mr. Redmond further said that he informed Mr. Krone that he was going to bring these violations before the City - Council at this meeting;__ but he -would recommend to the City Council that no action be taken at this time. Mr. Redmond also informed Mr. Krone that he would recommend that action be taken at the February 9th Regular City Council Meeting and prior_to that final action, he would suggest that Mr. Krone submit valid reasons for not having to remove those structures. Mr. Redmond then advised the Council that a meeting was scheduled with Mr. Krone at 9:00 a.m. Thursday morning, February 4th, and he wanted the Council to be aware of what had occurred. It was his recommendation to the City Council that no action be taken until the February 9th Regular Meeting at which time both parties would have had a chance to get together and discuss the problem. Councilman Raymond pointed out that Mr. Krone was in the audience and wondered if he had any comments to make at this time. Mr. Krone was recognized and informed the City Council that he would like to present the Mayor and Cite Council a written response to the letter he received from the City Engineer. He felt that the letter outlined the Dairymen's philosophy on the violations as outlined. Councilman Raymond said that hefelt it was important that the letter written by the City. Engineer to Dairymen's be entered in the minutes. It was then MOVED by Raymond, SECONDED by Mallea that the letter from Ron Redmond, the City Engineer, to Frank Krone, the Manager of Dairymen's Creamery be entered into the minutes. MOTION CARRIED The letter was as follows: The recent construction by Dairymen's Creamery Association of a concrete block addition, the placement and installation of processing equipment and tanks adjacent to the Dairymen's Book 23 Page 35 processing plant on Albany Street is in violation of the following: 1. Violation of Section 301 of the Uniform Building Code (no building permit) . 2. Violation of Section 4501 of the Uniform Building Code (structure shall not project beyond property line). 3. Violation of City of Caldwell Code 6 -2 -1 (setback restrictions). 4. Violation of City of Caldwell Code 3 -3 -20 (permit required for sewer connection). 5. Construction on City property without authorization. In addition to the above, Sections 50 -313 and 50 -314 of the State of Idaho Code: give the City the authority to have the structures and installations removed at your expense. It is readily apparent by the fact that the concrete is only partially cured that the installations are very recent. This has been verified by City records and employee observation. As you were recently made aware of the permit requirements and clearances needed for construction within the City right of way via your building permit dated 11 -18 -81 for the small temporary structure, the City feels that these violations are blatant in nature. I fully intend to bring these: violations before.the City Council, This will be done on Tuesday, February 2, with a recommendation that action be taken on February 9. Prior to their final action, I would suggest.that you submit valid reasons for not having to remove those structures. /a/ Ron Redmond, F'. E. City Engineer In addition, the Mayor also read the letter submitted by Mr. Krone as follows: First off, I sincerely regret: the circumstances that prevailed to cause the City Engineer to write his letter of January 29, 1982 to Dairymen's Creamery Association regarding alleged violations of existing City codes. I'll never understand the inability of people to first communicate as neighbor to neighbor without resorting to the public and legal process. For the record, I was not aware of any problems related to the issues in the letter until the morning of January 28, 1982 when I was advised by our Plant Engineer, Dick Cooper, that wer, - were in trouble with the City of Caldwell. Since I am scheduled to be out of town on February 9, 1982, the day Mr. Redmond stated the City Council would take action, I felt it critical that I respond to this body tonight as he requested for me to submit "valid reasons" for not having certain DCA structures removed. I am not sure what "structures" are being referred to but I would like to state that DCA, has since 1930, operated trucks and handled can milk on a conveyor system on the property in question _ until 1981 when the receipt of milk in cans at DCA was discontinued. The area in use was 18 feet out from the building. It included a concrete slab poured by the Creamery years ago and concrete walls and support structures 2 feet thick and 40 inches high along with a tunnel entrance that leads down to a tunnel running under the street. It is obvious that the City fathers long before our time had reached some understanding with the Creamery. In mid 1981, DCA poured a 6" concrete slab that extended out from the building wall 9' 6" and then set a tank on it for handling bulk caustic. This was located just in front of the tunnel entrance that was part of the can line. In the Fall, DCA decided to enclose the tank to avoid freezing the contents Book 23 Page .36 this winter and a cinder blook wall was placed.around the tank. Later in the Fall, DCA put a new opening into their Farm Store and as a result constructed a portable double door - entry. It was not until the construction of the alcove that any question was raised about the "City right -of- way ". What I really resent is being told that DCA has been "blatant after fifty years of access to the property apparently with the City's knowledge. It is true that DCA should have acquired a building permit for the work currently going on.'.nside. the plant that consists of an employee locker room. It is also true that the plumber we hired should have;obtained -a sewer connection permit. All these errors have been corrected. The ill .publicity that has been created.is in itself bitter punishment to DCA. The public embarrassment over our failure to acquire building permits is a tough lesson on how the system works when you are negligent. DCA would request that remaining issues be resolved between the parties with a recommendation to the Council for their approval. I would hope that the years in the Community would entitle us to that privilege. /s/ F. W. Krone General Manager The Mayor pointed out that the City Council has been very responsive in the past to the needs of Dairymen's and what Dairymen's has meant to the community. He felt that th-e City had.been very cooperative an( the items they have neglected to do in this case they should have been -aware of. The Mayor then asked Mr. Redmond, the City Engineer, if he cared to respond to the comments in the letter from Mr. Krone. Mr. Redmond commented that he would rather sit down with Dairymens and try to resolve the problems. It was the Mayor's suggestion that action be delayed on this issue, as recommended by the City Engineer until the next Regular City Council Meeting. Mr. Krone was again recognized and invited the City Council to visit the Creamery so they could better understand the problems. There was a tentative date to meet with the Mayor and City Engineer on Thursday and if the Council was available to come -at that time, it would be fine, and if not a time could be set for later in the week. The Mayor agreed that the City Council should visit the business, but he would point out that all members of the Council did go down to to see the particular building in question and were aware of that problem. (POSSIBLE REORGANIZATION OF 'THE REHAB PROGRAM) The Mayor informed the City Council that the possible reorganization of the Rehab Program has become a reality. He dist:iiibuted copies of the letter written to the Rehab Department to members of the City Council explaining the .reorganization.to them. The Rehab Department had three people working there.and because of the heavy administrative costs, it was determined by the City Council that the staff would be cut back to only two people. One of them would be on probation for ninety days and in the event the action that was felt the program should have in that amount of time was not realized—that, person will also be removed and the Department will have just the one persona At the end of February, the present Rehab Office will ; be moved over,to City Hall which will save on rent monies. (ANNOUNCEMENT OF VOCATIONAL EDUCATION WEEK) The Mayor read a letter from W. F. Whittom, the Mayor of Rupert, as follows: In these times of high unemployment and business recession, we are all concerned with economic stability in our respective communities. My work on the Idaho Advisory Council for Vocational Education Book 23 Page 37 has convinced me that vocational training is the key to the development of a skilled, innovative and productive work force for Idaho. Won''`t, you join me by issuing a Mayor's Proclamation for the week of February 7 -13, 1982, to recognize the contributions made by vocational education in your community. By alerting local media you can use this opportunity to honor .a local vocational educator. Have him or her present at the signing of the proclamation. W. F. "Bill" Whittom Mayor of Rupert The Mayor stated that he would like to designate Miss Patty Bikkie as Miss Vocational Education as well as proclaiming the Vocational Education Week. Miss Bikkie.was highly recommended and there would be a luncheon sometime next week at which time he would present her with this Certificate. (CATERING PERMIT) The City Clerk presented one Catering Permit for The Corral to cater for the Eagle's Sweetheart Ball to be held on February 13th. The Police Chief gave his approval. and the fee was paid to the Office of the City Clerk. MOVED by Mallea, SECONDED by L. Carter that the Catering Permit be approved and issued.. MOTION CARRIED (REMINDER ON C.I.A. PROGRAM) The Mayor reminded the City Council of the Community Improvement Award and would ask them to be aware of anyone who has done an exceptional job in community improvement. If they would call this to the Mayor's attention, he would see that they received proper recognition. (REMINDER OF S.B.M. DEMONSTRATION) The Mayor reminded the City Council of the I.B.M. Demonstration the next day at 4:00 p.m. (RESOLUTION NO. 4 -82 - INTENT TO PARTICIPATE IN DOG POUND) The Mayor read the following Resolution that he would ask for approval from the City Council at this time: WHEREBY, Canyon County has offered to fund construction for an Animal Shelter Facility, and; WHEREAS, The City of Nampa has indicated their participation in this project by providing land, road access and water and sewer hookups, and; THEREFORE, BE IT RESOLVED That the City of Caldwell declares its intent to participate in the Canyon County Animal Shelter Care Facility by providing $5,000.00 for landscaping and fencing the facility. The Mayor further explained that the $5,000 was received from a Grant from the Gannett Foundation. MOVED by L. Carter, SECONDED by J. Carter that Resolution No. 4 -82 be passed as presented by the Mayor. Roll call vote. Those voting yes: L. Carter, J. Carter, Mallea, Betts, Cowles, and Raymond. Those voting no: none. Absent and not voting: none, MOTION CARRIED Book 23 Page 38 (COMMITTEE REPORTS) Councilwoman Mallea reported that the Library Board met the night before. They were starting a thorough evaluation of the employees and supervisors. They were also developing a computer program for adults who were interested. There_ will be a sign,up sheet to get on the Apple, which was the small computer that the Library uses. Also installed was some new paperback book racks and they were trying to buy some new display cases. A new curtain was ordered that the Friend's of the Library purchased for the stage and they were startinc a development of collection in-hopes that interested groups would care to donate towards the collection of their specific field. Councilman Jack Carter stated that he had no reports. Councilman Les Carter.informed,the.Mayor: and- Council that.he met with the Historical at a special meeting and they were working towards a- Centennial .celebration as Caldwell will be one hundred years old in 1983. (REPORT ON MAY'OR'S MEETING) The Mayor reported to ..the.City- Council that .there was -a meeting that day of all.the�Canyon.County,Mayors. There was a Committee_ formed called the Canyon, County Mayor's Committee. -for 'Local Determination. What this amounted to was a pa ct,, and could be..calle.d a Political Action Committee, to try tocarry to the Legislators and to the County Commissioners the.needs.of the communities. The other Mayors in attendance were in favor of this Committee and one of the items discussed was the $5.00 fee on does which the smaller communities indicated they could not pay. Their intent at this time was to pass a Resolution at each of their Council Meetings and then get together again on the 17th of February. Councilman Raymond reported that lie attended the Fire Chief's dinner and some of the interest was lost when the speaker did not appear and someone else was sent. Councilman Cowles stated that he had an opportunity . to -talk with several members of the Parks and Recreation Commission and he would bring a request to the City Council from that.Commission. The Parks and Recreation Commission was asking permission from the City Council to proceed with the _screening process of appli6ants' for the position of Parks and Recreation, Director with the intention that the position be filled on a fulltime basis. They have received applications .from several_'individu.als with regard.to this position and would like to start the screening process. The Mayor informed the City Council that he was meeting with LeAnn Simmons, the Chairman of the Parks and Recreation Commission, on Wednesday morning. She planned. to bring the applications to the Mayor and it was the Mayor's suggestion that the City Council take look at the applications - as.soon:as.possible. (TRANSFER OF FUNDS) Councilman Betts was.:recognized_.and.stated that last year the City Council budgeted $30;000 of Revenue Sharing monies for the Treatment Plant. Only $4,000 was used and this year that money was not re- budgeted. This year the City was in trouble with that particular account. City Council approval was needed before.they could transfer the Revenue-Sharing monies into that fund to bring it back up to where it was before. It was then MOVED by Mallea, SECONDED by.Betts that $25,000 of Revenue Sharing monies be transferred into the Treatment Plant Account. (TREE CITY U.S.A.) MOTION CARRIED The Mayor reported that the City of Caldwell received another honor today. The City of Caldwell was again designated as Tree City - U.S.A. There was only two cities in the State of Idaho -who received this honor; Boise and Caldwell.. The Mayor stated that he was going to giv Book 23 Page 39 this to Councilman, Cowles and plan for a special program such as planting of trees and etc. (WALTER McDANIEL PRESENTATION) The Mayor stated that the item on the Agenda that most members of the audience were in attendance for was a very special presentation honoring Sergeant Walter McDaniel of the Caldwell Police Department. The Mayor called on the Chief of Police to explain this honor. The Police Chief spoke briefly explaining that they were honoring Sgt. McDaniel at this time becuase.he had been with the Department for twenty years. Sgt. McDaniel served for quite a number of years as the Juvenile Officer for the City of Caldwell and a great many young people and their parents were very grateful to him. The Police Chief introduced the former Chief of Police Charles_ Astleford. Chief Astleford said that it was a pleasure for him to be here to honor Sgt. Walter E. McDaniel, Mac was the fifth man from the City of Caldwell to receive a twenty year badge. He had touched the lives of many adults and many juveniles during twenty years; through Mac's counseling many received help needed. Chief Astleford further said that he was Chief when Mac was hired.and that Sgt. McDaniel was a very dependable and a conscientious person that the citizens of the community can be proud of. Chief Astleford thanked Sgt. McDaniel for being a part of his life. Chief Astleford then introduced Captain Al Wing of the.Caldwell Police Department, who presented Sgt. Walter McDaniel with his twenty year badge. After a few words from Sgt. McDaniel, Captain Wing turned the meeting back to the Mayor to make his presentation. The Mayor then presented a Certificate of Appreciation to Sergeant Walter McDaniel for twenty year's of service to the City of Caldwell. It was pointed out that four of the five people who have received their twenty year badges were in attendance at this meeting. There being no further business, the Meeting was adjourned at 8:30 p.m. and all were invited to stay for refreshments and to congratulate Sgt. Walter McDaniel.. APPROVED AS written THIS 16th DAY OF February 1982 CounCl lrif Councilman ATTEST: ty C