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HomeMy WebLinkAbout1985-03-05city council minutesBook 26 Page 40 REGULAR MEETING March 5, 1985 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: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Cowles, SECONDED by Carter to dispense with the reading of the minutes of the February 26, 1985, Regular City Council Meeting 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. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS NEW BUSINESS (RESOLUTION ESTABLISHING IRRIGATION ASSESSMENTS FOR THE CALDWELL MUNICIPAL IRRIGATION SYSTEM FOR 1985) The Mayor explained that notice was given that the Mayor and City Council of the City of Caldwell, Idaho, will meet as a Board of Corrections on the 5th day of March, 1985, at the hour of 7:30 p.m. in the Council Chambers in the City Hall of the City of Caldwell, to correct the assessments so levied and assessed; when and where any person desiring to make objections to the assessments levied and assessed may appear. The Mayor stated that the irrigation tolls would be the same as last year; each lot will be assessed at $13.50 and each acre at $35,00. The Mayor then declared the Meeting open for a Public Hearing and asked if there was anyone in the audience who cared to address the City Council with regard to the assessments. Since there was no one, the Mayor declared that the Public Hearing be closed. Resolution No. 8 -85 was then read by title only as follows: RESOLUTION FIXING ASSESSMENTS OF THE CALDWELL MUNICIPAL IRRIGATION SYSTEM FOR THE YEAR 1985. It was then MOVED by Cowles, SECONDED by Carter that the Resolution fixing assessments of the Caldwell Municipal Irrigation System for the Year 1985 be passed by reading the Resolution by title only. Roll call vote. Those voting yes: Cowles, Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Raymond, SECONDED by Norman that Resolution No. 8 -85 be passed fixing the assessments of the Caldwelll Municipal Irrigation System for 1985. Book 26 Page 41 Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, Marcus, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (AUCTION THE OLD CITY HALL BUILDING) The Mayor stated that this was the time set for the auction of the old City Hail Building. A Notice was published in the Idaho Press Tribune as required by law. The law also states that no bid shall be accepted for less than the appraised value of said property which has been appraised at $235,000. The City of Caldwell also reserves the right to reject any and all bids. The Mayor then opened the City Council Meeting for the auction. As there was no one present at the meeting who cared to make an offer for the building, the Mayor declared that the auction was closed. Since there was no one to make an offer for the building, the City would have the authority to sell or use such property as it deems in the best interest of the City. (BILL NO. 4 - AMEND CODE CHANGING THE; MEETING TIME FOR THE CITY COUNCIL) The Mayor informed the City Council that the next item under New Business was Bill No. 4 to amend the City Code with regard to the time set for the City Council Meetings from Tuesdays to Mondays. The Mayor read Bill No. 4 by title only as follows: AN ORDINANCE TO AMEND SECTION 4, TITLE I, CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO TIME AND PLACE OF MEETINGS OF CITY COUNCIL: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Mallea, SECONDED by Cowles to suspend the rule requiring that a Bill be read at three separate times and that Bill No. 4 be read by title only and passed after the first reading with the provision that this Bill be implemented the first of April. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: Marcus. Absent and not voting: none. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 4 be passed and entitled Ordinance No. 1689. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: Marcus. Absent and not voting: none. MOTION CARRIED (BILL NO. 5 - AMEND CODE REGARDING CHILD CARE FACILITIES) -- The Mayor explained that the City Council felt there was serious mistakes in the previous Bill passed with regard to Child Care Facilities. After determining that there was some corrections to be considered, the City Council took action to delay implementation of the Ordinance until this March 5th meeting. The main proposed change was in the Section regarding definitions where Child Care Facility was addressed. In the new Bill it is as follows: Child Care Facility shall be defined as any place of business or estalishment operating within the City of Caldwell, by taking in five (5) or more children (under the age of 12 and excluding the proprietor's children) at one time, to care for or attend to for any part of a twenty -four (24) hour day. This Book 26 Page 42 definition includes any organization, institution, school, home, foster home, place or facility whether such business calls itself a mini school, kindergarten, nursery, pre - school, learning center, child baby sitting, or any other business whose activity is substantially the same as a child care ooperation. The above definition shall not include: Any State operated institution, school or facility operated by or under the jurisdiction of the State, any agency or politial subdivision of the State or by any other public entity or any Parochial, elementary or high school. The Mayor further stated that the other item that was changed was with regard to the background investigation. Rather than referring to the background investigation, the new Bill states: Licensee is required to notify the City Clerk if there are any changes to the facilities as disclosed on the most recent applications for licensure so that a criminal history record check may be conducted by the City of Caldwell Police Chief. The Mayor explained that the City Attorney has strongly recommended that the Bill state the requirement that liability insurance must be obtained by the facility. This requirement was not necessarily the desire of the City Council or the Mayor, but felt they must follow the Attorney's advice. There was considerable discussion among the City Council members with regard to the changes. The Council requested that another change be made that was not included in the new Bill. This was in Section 10 where it states: Licensee is required to notify the City Clerk if there are any changes to the facilities - the change would be: Licensee is required to notify the City Clerk if there are any changes to the facility and /or personnel. It was agreed by the Council that this portion of the present Bill be changed. The Mayor read Bill No. 5 by title only as follows: AN ORDINANCE TO AMEND SECTION 1 AND SECTION 10, TITLE IV, CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, - COUNTY OF CANYON, STATE OF IDAHO WHICH PERTAINS TO CHILD CARE FACILITIES, BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO DEFINITIONS AND LICENSEE TO REPORT CHANGES: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Marcus, SECONDED by Mallea to suspend the rule requiring the reading of a Bill at three separate times and that Bill No. 5 be read by title only for the one reading and the changes as requested at this meeting be included in the Bill. The Mayor recognized Karen Howe, who requested to speak to the Council with regard to the Bill. Mrs. Howe stated that she was a State licensed Day Care provider and was President of the local Chapter of the Idaho State Child Care Association. She would request that the record show that they were opposed to the change that the Bill only applies to those with five or more children. Mrs. Howe pointed out a recent arrest in Nampa only watched three children. Mrs. Howe also addressed the Council regarding the insurance which was a problem with the Day Care Centers. After considerable discussion about the insurance problems, the Mayor recognized Kathy Lamb who complimented the City of Caldwell for the stand they have taken in passing a Bill in the best possible manner. The Mayor then asked for a roll call vote for the motion as made. Those voting yes: Marcus, Cowles, Norman, Carter, and Mallea. Those voting no: Raymond. Absent and not voting: none. MOTION CARRIED Book 26 Page 43 MOVED by Marcus, SECONDED by Mallea that Bill No. 5 be passed and entitled Ordinance No. 1690. Roll call vote. Those voting yes: Marcus, Cowles, Norman, Carter, and Mallea. Those voting no: Raymond. Absent and not voting: none. MOTION CARRIED (BILL NO. 6 - AMEND CODE REGARDING SENIOR CITIZEN CENTER COMMISSION) The Mayor explained that a request was made by the Chairman of the Senior Citizen Commission and several members of the Commission. The Mayor then called on Councilman Carter to present this amendment to the Code. Councilman Carter informed the Council that the Code reads at the present time that only the Commission members vote for other Commission members. It was the Commission's request that this be opened up so that the general users of the Center would have the opportunity to nominate and elect people to the Commission. Those receiving the majority of the votes will be recommended to the Mayor for appointment to the Commission. The amendment also clarifies the filling of vacancies other than expiration of term. Basically, the amendment to the Code was a cleanup of some rather bad language. The Mayor then read Bill No. 6 by title only as follows: AN ORDINANCE TO AMEND TITLE II, CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO WHICH PERTAINS TO SENIOR CITIZEN'S CENTER COMMISSION BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO VOTING PRIVILEE, MEMBERSHIP, VACANCIES, AND ANNUAL MEETING; REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor then declared that this would be the first reading of Bill No. 6. (HARDSHIP DISCOUNT) Councilman Raymond presented a request for a hardship discount. The request was submitted by a resident on South Illinois. Councilman Raymond stated that he could find no reason to question this request and would MOVE that this discount be allowed. The motion was SECONDED by Mallea. MOTION CARRIED (AUTHORIZE PURCHASE OF STATE PROPERTY OFF CENTENNIAL WAY) The Mayor requested that the City Engineer present this item on the Agenda. Mr. Redmond informed the City Council that this land was surplus right of way belonging to the State of Idaho that was acquired in their purchase of right of way for Centennial Way. It was a narrow, triangular piece of property that is bounded by Boise River, Riverside Canal, and City property. It was property that would fit in nicely with the City's greenbelt approach. The property consists of slightly over a half an acre and the State will sell it to the City for a price of $318.57. It was Mr. Redmond's request that the Council authorize approval for the purchase of this piece of property. MOVED by Mallea, SECONDED by Norman that authorization be given for the purchase of this piece of property off Centennial Way from the State of Idaho. MOTION CARRIED (COMMITTEE REPORTS) Book 26 Page 44 Councilwoman Marcus reported that Crimestoppers met the night before at the Police Station. They are encouraging all of the City employees to join including the City Council. The group toured the Police Department and gave commendation to the Police Chief and Officer Hollis for their cooperation and support of the Crimestopper program. Project 101 met where a presentation was made by Mr. Gigray on the Greenbelt proposal. The Gran Prix date was changed to May 25 and 26 which was Memorial Day weekend. Airport recognition day will be on June 7th and 8th. The Mayor commented that the Grand Prix monies would be donated to the young man in Nampa who needed the surgery for heart problems. (ENCROACHMENT PERMIT FOR WENDY °S) The City Engineer stated that there was a request for a proposed Wendy °s Restaurant. They need authorization to encroach on the City right of way on Elgin Street for purposes of parking. Mr. Redmond pointed out the area on a map for the benefit of the Council and Mayor and explained just where and how many feet the encroachment entailed. Elgin probably will not be improved in width beyond what it is now. It was the City Engineer's request that the City Council allow this permit for encroachment as presented. MOVED by Raymond, SECONDED by Cowles that the City Engineer be authorized to execute an encroachment agreement with Wendy °s. MOTION CARRIED There being no further business, the meeting was adjourned at 8:15 p.m APPROVED AS written March , 1985. THIS 26th DAY OF Co it erso / o urnci p,y rsA3a Councilperson ATTEST: City Clez.