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HomeMy WebLinkAbout1981-05-05city council minutesBook 22 Page 121 REGULAR MEETING May 5, 19871 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, and Carter. Absent: Betts. Council President Williams informed the Mayor and City Council that Councilman Betts called and asked to be excused as his wife was in the hospital. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of April 21, 1981, and the Regular City Council Meeting of April 28, 1981, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor stated that he realized that there was one person in the audience who had something he would like to discuss with the City Council, but asked Mr. Bratton if he would care to wait to see if the Chief of Police arrived at the meeting as the issue involved him as well. Mr. Bratton stated that this would be fine, so the audience participation was delayed until that time. OLD BUSINESS (SECOND READING OF ANIMAL CONTROL ORDINANCE - BILL NO. 9) The Mayor stated that this was the time set for the second reading', of the Animal Control Ordinance. Normally, he would read this Bill by title only, but due to some misconception as to what the Bill does, he would like to discuss it for a moment.. The Mayor further said that this Bill does not lessen the ability to have animals in town, it strengthens that law. At the present time, with the exception of pigs and dogs, there was no control over animals in the City of Caldwell unless they were kept in an unsanitary condition. This Bill allows the neighbors within three hundred feet to object with. regard to animals in their neighborhood and file an unsigned complaint. All that would be necessary would be to present themselves to the Police Department or the Mayor's Office and there would be a Board of four or five people to hear the complaint. The Board would consist of: The Animal Control Officer, the Chief of Police or his representative, the Sanitation Officer which. was the Building Inspector, the Mayor of the City, and if needed, someone from the Southwest Health District. If this Board saw that there was a problem, they would take action and force that individual to either eliminate those animals or subject them to a fine. If the person objected to the Board's decision, they would have the right to appeal to the City Council. The Mayor then asked if there was anyone in the audience who felt that they did not fully understand the meaning of the Bill. Mr. C. W. Sperlin was recognized and asked if he understood right in that a person could come to the City Hall and complain .. an6rcymously and action would be taken to investigate the problem. He mentioned the fact that a horse c6jild be causing a lot of pr.oblem� by stirring up dust which would be a nuisance in that the neighbors could not open their windows, but when the situation was observed by the Board the dust could be settled and not causing the problem at that particular time. The Mayor informed him that the action in that type of situation would probably be that there was no problem. If there was not an obvious nuisance, the Board would. not recognize it as one that would require action. There would have to be some judgment .involved as a dusty road could cause the same type of problem. The Mayor Book 22 Page 122 further explained that there was many people in the City of Caldwell, due to its agricultural nature, that have small acreages in the City and keep several animals. Much of the misunderstanding was from people who do not want the animals taken away from them. An example of this was those who called stating that they did not want the llamas taken away. If there was not a health nuisance involved or something prejudicial to the neighborhood, there would probably be no action taken at a7.1. Another member of the audience stated that at the present time, if he understood it correctly < any animals that were kept now were not entirely legal, but were tolerated. What he understood was that the City was now proposing to make it open and entirely legal. The Mayor said that this was what it would amount to if the Board and the City Council made the determination that the animals were not detrimental to the neighborhood; they would be legal. The Mayor then read the Code as it was now: No cows, llamas, horses, goats, sheep, rabbits, poultry or any other animal may be raised, kept or maintained within the City Limits of the City of Caldwell unless raised, kept or maintained in buildings or enclosures approved by the Sanitarian of the City. He further explained that if a group of animals were kept and caused dust: or some other problem, they could still be kept in a sanitary manner, but neighbors still may not want them there. The Mayor said that this proposed Bill was the closest the Council felt they could come in being fair about all types of situations. This would allow people within the community who have an acreage to have a couple of rabbits or whatever and still not be harming the neighborhood. The Mayor felt that this compromise would. have to be established or there would be a c omplete ban on all animals in the City. Councilman Carter was recognized and informed those interested in the audience that what this Bill does was create a nuisance. It gives the citizens an opportunity to complain. This Bill was discussed at some length by members of the audience, the Mayor, and City Council. The Mayor then read the Bill in full as follows: AN ORDINANCE TO AMEND TITLE IX, CHAPTER 2, SECTION 29 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING ANIMALS BY ADDING CERTAIN LANGUAGE REGARDING MAINTAINING ANIMALS IN THE CITY LIMITS, PROVIDING FOR A NUISANCE COMPLAINT, AND PROVIDING FOR AN APPEALS BOARD; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITI - I. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 29, Chapter 2, Title IX of the Municipal Code of the City of Caldwell be amended to read as follows: 9 -2 -29: ANIMALS: (A) No swine shall be raised, kept or maintained within the limits of the City. No cows, llamas, horses, goats, sheep, rabbits, poultry or any other animal may be raised, kept or maintained within the limits of the City unless raised, kept or maintained in buildings or enclosures appieved- i�}- tl�e- Sar�itariax -e€ -tie -city. A- vials# Sex- af- tkis- Isrevisin- ska } } -be -a- misdemeanor- in a sanitary manner. The presence of any decaying food, or any refuse of any kind, or rates or other vectors shall be prima facie evidence that said animals are-kept or maintained in violation of the provisions of this section. A violation of this provision shall be a misdemeanor, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Notwithstanding the provisions of the above section, any resident within 300 feet of any person, keeping any of the animals in 9- 2 -29(A) may file a nuisance complaint with the Book 22 Page 123 Police Department. A Board consisting of the Animal Control Officer, the Police Chief or his representative, the City Sanitarian, the Mayor and if circumstances indicate need, a member of the Southwest Health District will determine the validity of the complaint. The City Council will act as an Appeals Board, if necessary.. The consideration will include, but will not be limited to the following: (1) Did any person owning or having in his custody or control any animal or cause or allow any place any animal is or may be kept to become unclean or unwholesome; or (2) Did any person fail to provide an animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment; or (3) Did any person harbor or keep any animal, or to suffer or to permit such animal, which disturbs the peace and quiet of the neighborhood by excessive, continuous or untimely barking or other loud or unusual noises, which molests passers- by, chases vehicles, habitually attacks other domestic animals, trespasses upon public or private property to the damage of such property or in any way interferes with the free use or comfortable enjoyment of property. Upon finding any of the above factors present, the Board shall determine an unlawful act or acts has occurred and declare a nuisance. The Council may order said animal be removed, be impounded, or be killed in a humane manner by a police officer, animal control officer or employee of the City Pound. The Council may also order any person determined to have acted unlawfully to take such corrective measures, within a specified. time, deemed necessary to cure the nuisance. For the purpose of this provision "any person" means any person partnership, firm, company, association or corporation. Councilwoman Mallea informed Mr. Sperlin that she had agreed with him; that animals do not belong in the City. However, she also obtained copies of the animal ordinances from Boise, Nampa, and Lewiston. The fact of the matter was that they do have laws concerning animals at large and destructive animals such as horse's` in yards and pigs being raised and dogs which are destructive, but they have no animal control ordinances. Therefore, she had. come along with this Bill as a reasonable alternative because her opinion in the beginning was the same as Mr. Sperlin. She had now accepted it as a reasonable alternative allowing the City to put some control. over farm type animals. She also informed Mr. Sperlin that she would be happy to give him copies of the materials that she had. The Mayor then declared that this would be the second reading of Bill No. 9. (WELCOME TO SCOUT TROOP) The Mayor stated that he would l=ike to welcome Scout Troop 269 and their Scoutmaster at the Meeting. He was glad to see them take an interest in the City Government. (AUDIENCE PARTICIPATION) The Mayor stated that he would now go back to the Audience Participation now that the Chief of Police was in the audience. Mr. Charles Bratton had phoned the Mayor about his problem and he would call on Mr. Bratton to inform the City Council an d the Police Chief his concern. Mr. Bratton, of 3108 Arlington, stated that it was not really his problem, but rather our problem. He brought the newspaper from that evening and asked the Council to observe the number of robberies tha were listed. He further said that he was not there to blame the Mayor, City Council, or the Police, but was there to tell them that there was a problem and it was up to all of them to find a solution. He explained several events that had happened to him during the last year which included a death in his family caused by a person on drugs who was still free as he was a juvenile, he had his horse Book 22 Page 124 trailer stolen and bee boards, and also his freezer was cleaned out as well as a power saw. He also stated that there had been other robberies in the neighborhood. What he was proposing was that a start be made in Caldwell to make the young people responsible for their actions by law. If a young person was caught, their name should be put in the paper or their parent's name. It was pointed out by the Mayor that the City of Caldwell couldn't do this; it would have to be legislative action. The Council members pointed out that support could be given for this Legislation to be instigated. Much discussion followed with the Council, Mayor, Mr. Bratton and members of the audience. The Mayor stated that there was only three things that you can do to a juvenile under age; you can hold him in jail for twenty -four hours regardless of the offense, you can turn him over to the Department of Health and Welfare to be sent to St. Anthony and St. Anthony is full so it is really useless, or you can turn them back into the custody of the parents. The Mayor felt that this was ridiculous, and recognized that what Mr. Bratton was saying was a definite problem. It was the Mayor's feeling that to start action to encourage the Legislature was the route to take. He was in support of Mr. Bratton's concern, but did think some of the problems could be eliminated if the enforcing power could be established through the Legislature. The Police Chief was recognized and stated that he was sure that there was State Statutes making the parents liable for the depredation of minor children as he had not seen a State where there wasn't. He had only been here a couple of months, but was relatively sure of the Statute. The age and amount of monies involved varied from state to state. Mr. Dormois pointed out that at the same time the aspect of prevention should be considered. He would certainly like to see people keeping their places locked up, as the reality was that places just have to be locked up now to protect them. He also pointed out that he would hate to see the day when people could not roam the streets free. He pointed out that a curfew was a status offense as it places an age limit. Councilwoman Mallea informed Mr. Bratton that she understood that only two people can bring charges against a juvenile; a policeman or a teacher. She felt that this might be an avenue for him to pursue. The Chief of Police stated that as far as actually filing a complaint, the Code provides for the teachers to have a measure of control. A parent can also file a complaint against his own child. He further said that anyone who observes a crime can certainly start the ball rolling and be a witness. The filing of an actual complaint usually falls to the Police Department of the Prosecuting Attorney's Office to carry it on through. It really didn't matter who brought the complaint to the Police Department as they would carry it. To publish this information in the newspaper was another thing. The Mayor invited Mr. Bratton to join the Auxiliary Police Force if he would desire to do so. He also asked Mr. Bratton if he had any ideas that would be beneficial to the problem to come down and see him and they could possibly put something together to present to the Legislature or the Association of Idaho Cities. (RESOLUTION NO. 22 -81 - CORPORATION WARRANTY DEED WITH COLLEGE OF IDAHO) The next item on the Agenda was the Resolution on the Stadium land with the College of Idaho. The Mayor explained that the City owns all of the land at the Stadium at the present time and this Resolution allows the City to give the one piece that the College has been using to them with the understanding that should the College of Idaho desire to sell the described area, the City of Caldwell shall have the first right of refusal to purchase said property. Councilwoman Williams asked if there was anything in the Deed that speaks with regard to the parking. The Mayor informed her that this was in the Agreement. Book 22 Page 125 The Mayor then read Resolution No. 22 -81 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A CORPORATION WARRANTY DEED BETWEEN THE CITY OF CALDWELL AND THE COLLEGE OF IDAHO. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Corporation Warranty Deed attached hereto and�made a part.hereof between the City of Caldwell and the College of Idaho. Mr. Lewis, City Engineer, was recognized and stated that the City should reserve the easement that was discussed previously. It was his recommendation that the Resolution be passed with stipulation that the easement be reserved for the City of Caldwell. Mr. Lewis informed the Mayor that the Easement should be executed before the Deed was signed. MOVED by Williams, SECONDED by Hopper that Resolution No. 22 -81 be passed subject to the Easement being reserved and executed for the City of Caldwell. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, and Carter. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED (DEEDS AND EASEMENTS) Mr. Lewis, City Engineer, stated that he had an Easement and a Deed to present to the City Council for acceptance. Mr. Lewis presented the Warranty Deed from the State of Idaho. The City has some trouble getting the transaction completed behind the Pizza Hut. This was the Deed for the turn around which was part of that transaction and it was his.recommendation that the City Council accept it. It was still necessary to vacate the alley when the Deed was received connecting the alley. He also presented an Easement which was from Mr. Sollars for part of the Agreement made with him to connect to the sewer. It was his recommendation that this Easement be accepted and the Clerk instruct. to have it recorded. The Deed from the State was already recorded. MOVED by Hopper, SECONDED by Carter that the Deed from the State of Idaho be accepted and the Easement accepted from Mr. Sollars and that the City Clerk be instructed to have the Easement recorded. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams informed the Council that she was invited to the R.S.V.P dinner the night before which was a very pleasant meeting. The Mayor was the guest speaker for that affair and reports were given as to how many volunteer hours have been donated by the members which was an astounding number. She also reported that everything was coming along fine with the new building for the Fair at the Stadium. Councilman Carter reported that lie attended the Parks and Recreation Commission Meeting the night before. They will be submitting their budget the next Monday for approval by the Commission and it will then be submitted to the City Council. There was also quite a discussion with regard to the Wilson School parking problem. The Softball Association was contacting all the sponsors and the captains to tell them that they have to park their cars over in the school parking or they will not be able to start their game. There was a representative from the Police Department at the Commission Meeting. On Tuesday night, May 19th, there will be 519 players from the Caldwell Youth Baseball League marching in a parade to open the Youth Baseball. The Swimming Pool was to be cleaned on May 11th and the solar blanket was to be installed. They Book 22 Page 126 were also doing some spraying in the Park and there was a report on the elm tree spraying. Councilwoman Mallea informed the City Council and the Mayor that she attended the Library Meeting and the budget was prepared and balanced. The Library has a new laser reader which was very interesting. The new Library Cards will be issued on June 1st. They were planning a used book sale on the 16th and 17th of May and hoped that everyone would take part in this. She also stated that the Library was an extremely hard working group and very dedicated. Councilman Raymond was recognized and said that he attended the Armory Association Annual Meeting and they were very solvent. The usage of the chairs and tables was unbelievable. (MAYOR'S REPORT) 1. Bicycle Training. The Mayor informed the City Council that bicycle training will start the coming Saturday and he would encourage everyone to attend. In conjunction with that, Channel 7 was interested in making a report on this training. This year the program was going to be in conjunction with the Jaycees as they were encouraged by the National Jaycees to have a bicycle program and when they found out the Fire Department already had one set up they asked if they could be a part of their program. 2. Cinco de Mayo. The Mayor informed the City Council that he attended this celebration in Boise last Saturday. This Sunday they were to meet here, but in talking with Mr. Deide he found that it was not scheduled due to some security problems. 3. Fourth of July. The Mayor said that the Fourth of July Celebration that was planned was going to be for two days; Friday and Saturday. The tractor tug of war will be on Saturday in conjunction with the baseball. The Mayor encouraged anyone who knew of someone who cared to put stands up for the Fourth to please get in touch with him as he needed to know as soon as possible. 4. Clevenger's Carving. The Mayor pointed out that there was a new carving done by Cal Clevenger with regard to bicycle safety in the City Hall. 5. The Mayor reported that Harrison Street was now closed off at the Park. 6. The Mayor also reported that he had hired the new Office Manager as of this morning. His name was Herb Shearmire and he will be in here on Thursday for lunch and then will be back on Monday to start working on the budget. 7. There has been a jogging path put in by the Park in conjunction with the Caldwell Memorial Hospital. They were trying for a grant through the Recreation Department. There will be stops along the path to do exercises. The Mayor also reported that they were now roller skating at the rink by the Park now. (EXECUTIVE SESSION CALLED) The Mayor then requested that Council President Williams make a motion to convene into an Executive Session pursuant to the provision in Idaho Code, Section 67 -2345 to discuss personnel. MOVED by Williams, SECONDED by Carter that the City Council convene into an Executive Session pursuant to the Idaho Code as requested by the Mayor to discuss personnel. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Book 22 Page 127 Hopper, and Carter. Those voting no: none. Absent and not voting: Betts. EXECUTIVE SESSION May 5, 1981 8:30 p.m. After a fine minute recess, the Mayor called the Executive Session to order. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, and Carter. Absent! Betts. After discussing personnel and there being no further business, the Meeting was adjourned at 9:20 p.m. APPROVED AS written THIS 19th DAY OF May , 1981. Mayor Gouncilman Councilman uou.ncziman uounci , mad Councilman Co�c%Iman ATTEST: City Clerk