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HomeMy WebLinkAbout1976-06-01city council minutesBook 17 REGULAR MEETING June 1, 1976 7:30 P. M. The Meeting was called to order by Mayor Pasley. Page 127 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by McCluskey to dispense with the reading of the minutes of the May 18th, Regular City Council Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was any business to be brought before the City Council at this time. The Mayor recognized Mr. Herman Bell. Mr. Bell stated that he would like to bring to the City Council's attention the problem in Caldwell regarding the dogs that are allowed to run around without adhering to the lease law. He felt that the situation was becoming very bad in his area of town which was near Iowa and Locust. Mr. Bell protested the manner in which the Police Department was handling the problem and thought the City Council should look into the matter. The Mayor said that he appreciated the comments made and explained to Mr. Bell that there was only one officer who was the Pound - master and he really had more than he could handle. The Mayor further stated that if anyone who was having a problem with stray dogs to please get in touch with his office and he would see that it was taken care of immediately. (LETTER RECEIVED FROM CITY ENGINEER) The Mayor read a note addressed to the Mayor and members of the City Council thanking them for the flowers, cards, and other kindness shown to him during his recent illness. OLD BUSINESS (POLICY STATEMENT REGARDING GARBAGE BILLINGS) The Mayor asked Don Horan, Finance Director, to read the Policy for the members of the City Council. Mr. Horan explained that the purpose of the Policy was to clarify the City Code in regard to the trash billing so to clear up any misconceptions either by the public or the employees at the Ci -ty Hall. The Finance Director read the Policy as follows: Policy. No. , P. -51 IN ACCORDANCE WITH CALDWELL CITY CODE 7-3-16: LICENSING AND CONTRACTING: The Mayor or Council shall be the sole authority to license, contract or perform all services pertaining -to - sanitary collection and disposal, and to establish reasonable fees for licenses and is hereby authorized to enter into contracts with one (1) or more contractors; and establish reasonable rules and regulations governing the • eonduct - and operation of such licenses or contracts; WE Book 17 Page 128 TRASH HAULING CONTRACT SECTION 80.80 to wit; RATE SCHEDULES: The following rates have been established by the City Council and will take effect July 16, 1973: A. Single family units - - - Single family unit charge established by Section 7- 3 -1l.of the Code. B. Duplex served through one water meter - Single family charge for first unit: 75% of single family unit charge for second unit. C. .Apartments - - - Single family unit charge for first unit: 75% of single family unit charge for additional unit that is equipped with kitchen facilities. D. Rooming house - - - Single family unit charge for first unit: 25% of single family unit charge each rented sleeping room. E. Trailer and /or mobile home parks - - Single family unit charge for first unit and 75% of single family unit charge for each additional unit. F. Carryout Service - - - Residential customers and multiple living units negotiated with each customer. G. The rates for all commercial customers except multiple living units are to be negotiated between the customer and the Contractor. The rates are to include any carryout service. H. The Code provides that where the enforcement of its provisions would work a financial hardship on residential customers, the rate may be reduced or an exemption granted. As shown elsewhere in these specifications, 23 residential customers are on a reduced rate of $0.75 per month and the number of total exemptions of residential customers for which service is rendered is 58. ALL TERMS AND CONDITIONS of said contract shall be considered policy and enforced as such. Mr. Horan felt that it would be in order for the City Council to endorse this Policy at this time. MOVED by Williams, SECONDED by McCluskey that this Policy statement regarding garbage fees which corresponds with the City Ordinance be approved. MOTION CARRIED (BILL NO. 17; ORDINANCE N0. 1385 - ANNEXATION REQUEST, FELLER) The Mayor called on Councilman McCluskey to read the Ordinance regarding the annexation request by the Darwin Fellers by title only. The Ordinance was read as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND IS CONTIGUOUS AND ADJACENT TO THE CITY OF CALDWELL, STATE OF IDAHO, AND DECLARING SAID LAND, BY PROPER LEGAL DESCRIPTION THEREOF, TO BE A PART OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND PROVIDING THAT SAID REAL PROPERTY SHALL BE INCLUDED IN THE "B" RESIDENTIAL ZONE OF THE CITY OF Book 17 Page 129 CALDWELL, CANYON COUNTY, IDAHO. Councilman McCloskey stated that he would be the sponsor of this Ordinance. It was then MOVED by McCluskey, SECONDED by O1es.en to suspend the rules requiring the reading of a bill three separate days and that Bill No. 17 be read • the second time by title and the third time in full, section by section. The Mayor called for a roll call -vote. Those voting yes: McCluskey, 0lesen, Williams, Raymond, Banks, and Bauman. Those voting no: none.- Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the bill the second time by title and the third time in full. MOVED by McCluskey, SECONDED by Olesen that Bill No. 17 be passed and entitled Ordinance No. 1385, The Mayor called for a roll call vote. Those voting yes: McCluskey, 0lesen, Williams, Raymond, Banks, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REPORT FROM COUNCILMAN RAYMOND - WAIVER OF GARBAGE CHARGE) Councilman Raymond reported that-investigation showed that the request presented to him,at` the last City Council Meeting for discount on service charges was a valid request and he would recon-mend..approval. MOVED by Banks, SECONDED by McCluskey that the request for discount of .services be- granted.. MOTION CARRIED Councilman Raymond was then presented another request for investigation to report on at the next Regular Meeting. NEW BUSINESS (BID OPENING ON GRAVEL CRUSHING) The Mayor stated that he would like to deviate from the Agenda so to have opening of.the..bids for the gravel crushing at this time as ,several members of the audience were attending the Council Meeting for this purpose. He then called on Mr. Horan, Finance Director, to open the bids as follows: 1. Bryan C. Rambo Total bid: $60,500.00.with_20 calendar days - required to start work. 2. Jerry Kendall Total bid: $31,835.00- with:20 calendar days required to start. work. 3.- Nelson Deppe Inc. Total-bid; _ $35,630.00 with,20.calendar days , required to start work.. MOVED by McCluskey, SECONDED by Williams to turn the bids over to the .Finance Director for and awarding of the bid. MOTION CARRIED Book 17 (ANNOUNCEMENT BY MAYOR OF MEETING) Page 130 The Mayor reminded the members of the City Council of the unofficial meeting to be held on Wednesday, June. 2nd, at 4:00 P.M. in the Council Chambers with CH2M regarding the public hearing-on .the .new,sewage ,plant:...,_,._ - (TRAILER VARIANCE REQUEST 4209 EVERETT) The Mayor said that he had received a verbal request for a trailer : variance at 4209 Everett Street. This request was for security reasons as there was a business at this location. There had been several breakins out there and it was felt the trailer was necessary. It was in a commercial area so there would be no objections from residences. MOVED by McCloskey, SECONDED.by,Banks that this variance for a trailer at 4209 Everett be granted. MOTION CARRIED (PAWNBROKERS ORDINANCE - FIRST READING) The Mayor explained that the Police Chief felt that there should be some changes in the present, Ordinance regarding pawnbrokers. He had talked with the City Attorney and the following proposed Ordinance was drawn up. Councilman Banks read the Ordinance as follows by title only: AN ORDINANCE.TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL,:COUNTY OF CANYON, _STATE OF.IDAHO, BY REPEALING CHAPTER: 3, TITLE: IV OF: THE MUNICIPAL CODE. OF THE CITY OF CALDWELL AND SUBSTITUTING THEREFORE A CHAPTER 3, TITLE IV, PROVIDING FOR REGULATION OF PAWNBROKERS: PROVIDING FOR A LICENSE FEE:,PROVIDING..FOR REPORTS.TO POLICE DEPARTMENT: PROVIDING FOR NOTICE,. INSPECTION AND-PENALTY:-AND PROVIDING THIS ORDINANCE TO TAKE AFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. The Mayor, explained. that•a copy.was;given..to. each member of the City Council and he would ask each of them to study it before the next City Council Meeting and objections would be heard at that time. (RESOLUTION NO. 15 -76 - CONFIRM NEW WELL CONTRACT) The Mayor read the Resolution prepared by the City Attorney regarding the new well to.be contracted on Canyon Hill: RESOLUTION NO. 15 -76 SPONSORED BY — McCluskey____ WHEREAS, The water.supply for property located at and around Canyon Hill,,Caldwell, Canyon County, Idaho, is insufficient to meet water demands; and WHEREAS,.Said,shortage of water constitutes an extreme and immediate danger to all property owners; and WHEREAS, The Fire Chief, City of Caldwell, represents that said water shortage constitutes an immediate fire hazard to property owners on Canyon Hill within the City limits of Caldwell; and WHEREAS, Said water s.hortage.can be corrected only by drilling a new municipal well, Book 17 Page 131 NOW, THEREFORE, BE IT RESOLVED That the Finance Director, City of Caldwell, be authorized to contract with KEN WITT in the amount of $30,443.50 to furnish a new municipal well at Fairview West of Logan under contractual procedures provided by the laws of the State of Idaho. The Resolution was sponsored by Councilman McCluskey. MOVED by McCluskey, SECONDED by Raymond that Resolution No. 15 -76 be passed. The Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Those voting no: none. Absent and not voting: none.' MOTION CARRIED (FINAL FLAT - SANDLEWOOD SUBDIVISION) The Mayor stated that the next item of business was the approval of the final plat of Sandlewood Subdivision subject to the approval of the State Department of Health and Welfare for the water and sewer plans and specifications. Mr. John Howe was present and passed the final plat around for the members of the City Council to review. MOVED by McCluskey, SECONDED by 0lesen that the final plat of Sandlewood Subdivision be approved subject to the approval of the State Department of Health and °Welfare of the water.and sewer plan. MOTION CARRIED The Mayor informed - -Mr. Howe that the signatures could be obtained after the approval by the :State Department. (CLAIM AGAINST CITY - JUDY NELSON) The Mayor presented a claim against the City of Caldwell submitted by Judy Nelson at 2114 South Wisconsin. A letter was read describing her injuries received when she stepped into a that was not covered at the City Park. She was taken to the Emergency Room at the Caldwell Memorial Hospital and her bill was $1,7.00. MOVED by McCluskey, SECONDED by Banks that the claim be denied and referred to the City of Caldwell ° s insurance carrier. MOTION CARRIED The Mayor pointed out that the last claim referred to the insurance carrier regarding the sewer baeking.up_n a basement apartment was denied. He stated that he had written a letter to the insurance company protesting this decision.. The-City Council approved this procedure and requested that the Mayor continue to follow this further. (RESOLUTION NO. 17 -76 - LEASE LAND FOR MOTORCYCLES) The City Attorney reported that,h.e had found a place off Interstate 80 ghat he felt was suitable for a place to.ride,_motorcycles. A small portion of the area belonged to the State and the rest to the Lodge Land and.Livestock Company. He talked with Mr. Lodge and he agreed to lease the land thirty days at a time at a $1.00.a month. The City Attorney had a Resolution to present authorizing this lease be signed. He read the Resolution as follows: Book 17. Page 132 BE IT RESOLVED That the Mayor and Clerk, City of Caldwell, State of Idaho, be authorized to enter into.a Lease Agreement on a month -to -month basis for real property under which terms the City.of Caldwell shall lease for recreational purposes real property owned by LODGE LAND AND LIVESTOCK COMPANY for the sum of ONE AND NO /100 ($1.00) DOLLAR per month subject to the right of either party to cancel said.Lease Agreement with -or without cause. MOVED by Banks, SECONDED by Raymond that this Resolution 17 -76 be passed as presented by the City Attorney. The Mayor called for a roll call vote. Those voting yes: Banks, Bauman, McCluskey,.Olesen,.Williams, and Raymond. T.hose.voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 16 -76 - AMEND ORDINANCE OF SALE OF OLD AIRPORT) The.City Attorney.explained.that, this Resolution -was prepared to amend the Ordinance regarding the- sal e.of the old airport. It was, to change.the incorrect description which read 509.90 and should be 508.90. The City Attorney presented the Resolution as follows: WHEREAS, on.or.about the 5th day of January, 1976, the City of Caldwell entered into an agreement for the sale of real property known as the Old Airport Site pursuant to an Ordinance duly adopted; and WHEREAS, said real property was transferred to BARNARD & COMPANY, subject to certain exceptions, one of which is Exception #6, by which the City of Caldwell retained ownership of the following described property:.. Commencing at the Southeast corner of said Southwest Quarter; thence North on the East boundary line of said Southwest Quarter, 509.90 feet; thence West and parallel with the South boundary line of the said Southwest Quarter, 110.00 feet to the TRUE POINT OF BEGINNING: thence continuing West and parallel with the South boundary line of the said Southwest Quarter, 185.00 feet; thence North and parallel with the East boundary line of said South - west Quarter, 200.00 feet; thence East and parallel with the South boundary line of the said Southwest Quarter, 185.00 feet; thence South and parallel with the East boundary line of the said Southwest Quarter, 200.00 feet to the TRUE POINT OF BEGINNING. WHEREAS, Said above set forth description incorrectly began at 509.90 feet and properly should read 508.90 feet. NOW,THEREFORE, BE IT RESOLVED That the said Exception q6 shall be amended to read as follows: Commencing at the Southeast corner of the said Southwest Quarter; thence North on the East boundary line of the said Southwest Quarter, 599 -99 508.90 feet; thence West and parallel with. the South boundary line of the said Southwest Quarter, 110.00 feet to the TRUE POINT OF BEGINNING, thence continuing West and parallel with the South boundary line of the said Southwest Quarter, 185.00 feet; thence North and parallel . with the East boundary line of the said Southwest Quarter, 200.00 feet; thence East and parallel with the South boundary line of the said Southwest Quarter, 185.00 feet; thence South and Book 17 Page 133 parallel with the East boundary line of the said Southwest Quarter, 200.00 feet to the TRUE POINT OF BEGINNING. This parcel contains 0.85 acre. The Resolution was sponsored by Councilman McCluskey. MOVED by McCluskey, SECONDED by Bauman that the Resolution regarding the sale of the old airport amending the description of the land be passed. The Mayor called for "a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST OF T,& T'- REGARDIIVG.PUMP STATION -AT MT. VIEW MOBILE MANOR) The Mayor stated that he had a request of T & T Subdivision for the City of Caldwell to assume the pumping station: at Mr. View Mobile Manor. He said that each member of the City Council had received -a -copy of the costs, that would be necessary to do this and he would like for them to make a decision regarding this request at this time. Councilwoman Williams stated that she felt the City could not afford this as it would cost the City of Caldwell $3,600 a year to maintain with virtually no revenue coming in. MOVED by Williams, SECONDED by Olesen that this request for the City of .Caldwell to maintain the pumping station at Mt. View Mobile Manor be denied. MOTION CARRIED (POLICE P & R DEMONSTRATION) Two Police Officers presented a demonstration to the Mayor and the City Council on a new type of night sticks that will be used by the Police Department. (ACCEPTANCE OF NAMPA'S PLANNING LIMIT) The Mayor explained that at the ,point Meeting with Nampa it was agreed to accept the planning limit line for Nampa according to the map" This was approximately at the Homedale Road as applies to Highway 30. The Mayor felt that the City Council should officially accept this line. MOVED by Raymond, SECONDED by McCluskey to accept this line shown, on the map approximately at the Homedale Road, as applies to Highway 30. (FINANCE POLICIES - WATER AND SEWER CHARGES) The Mayor explained that the Finance Director had a policy regarding -water and sewer charges that he would like to present for the City Council's approval. Mr. Horan, read the policy as follows: POLICY Y IN ACCORDANCE WITH CAI-DWELL CODE 3 -3 -11: NO,.- P -2 APPLICATION FOR CONNECTION: Applications for making connections with the City water mains must be made by the owner of the premises, or his duly authorized agent, with which such connections are to be made, upon printed form at the of €ic.e.of the Superintendent Book 17 Page 134 of Waterworks and such applications shall contain a full, true and accurate statement of the size of the connection, the manner of connecting, the point at which connection is to be made and a description of all the premises with which such connection is to be made, together with the full name or names of all the owners thereof, and such further facts as may be useful in the management of said system, and applications for permits for the introduction of water into any connection with the City water mains, must be made on printed form for that purpose, and filed at the office of the Superintendent of Waterworks by,the owner of the premises or his duly authorized.agent with which connections are made, and such application shall contain a full, true and accurate statement of the approximate quantity, and of the uses and purposes for which such water is obtained, and a description of all the premises upon which said water is to be used and the full name or names of all the owners_ thereof, and an agreement on the part of such owner or owners to conform to all the rules and regulations p rovided for said waterworks�s stem -and that the charge therefor, as well as for the use of all water, shall be a lien upon the premises upon which water is used and with which said' connections are made-as a'' condition 'for the use of such water, and if said application is made by an agent, said agent shall deposit with the Superintendent of Waterworks the written authority of the owner or owners of said premises, authorizing the said applicant, as the owner's agent, to make such application, and no connection with the City -water main shall be made, and no water shall be introduced into any connection heretofore or hereafter made therewith unless a permit has first been issued by the Superintendent of Waterworks in compliance and conformity with this rule and with the rules and regulations that are now or may hereafter be established therefor. THE CITY OF CALDWELL shall stipulate that the account �. billings shall be the sole responsibility of the owner or contract purchaser. The following represents the definition of 'Agent': One who acts for or in place of another by'authority from him (Webster Third Add.). POLICY NO, P -3 IN ACCORDANCE WITH `CALDWELLL CODE 3 -3 =25 (B): For buildings constructed for use for commercial purposes, the basic monthly sewer'charge for each such building shall be One Dollar ($1.00) and a monthly charge equal to seventy five percent,(75 %) of the current monthly water charge. For the purpose of determining the sewer service charge, the monthly water charge shall be reduced by fifty cents (50t). The sewer service charge shall be seventy five percent (75 %) of the current monthly water charge after the above stated adjustment has been made. The term commercial shall be deemed to mean: 1. Viewed with regard to profit (Webster Third Add.). 2. Designed. -for- profit (Webster Third Add.). Said term 'Commercial' shall further be deemed to mean any multiple dwelling with three (3) or more - 'kitchen units. Book 17 Page 135 MOVED by Williams, SECONDED by McCloskey to adopt the policies in accordance with the present City Code. MOTION CARRIED (BILL NO. 18; ORDINANCE NO. 1386 - AMEND SUBDIVISION ORDINANCE) The Mayor,presented this Ordinance -to amend one line in the present Subdivision Ordinance to read the Idaho State Department of Health and Welfare instead of Southwest District Health Department. It was not required to send the subdivision plats to the Southwest District Health Department, but there was a law to send to the State. This went into effect several months ago so it was necessary to pass this Ordinance as soon as possible. The Mayor read the Ordinance by title only as follows: AN ORDINANCE TO AMEND CHAPTER 8, TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY DELETING THEREFROM REFERENCE TO "SOUTHWEST DISTRICT 3 HEALTH DEPARTMENT" AND SUBSTITUTING THEREFORE, "IDAHO STATE DEPARTMENT OF HEALTH AND WELFARE AND PROVIDING THIS ORDINANCE TO TAKE AFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Councilwoman Williams stated she would be the sponsor. MOVED by Williams, SECONDED by Banks to suspend the rules requiring the reading of a bill three separate days and that Bill No. 18 be read the second time by title and the third time in full, section by section. The Mayor called for.a roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCloskey, and Olesen. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the bill the second time by title and the third time in full. MOVED by Williams, SECONDED by Banks that Bill No. 18 be passed and entitled Ordinance No. 1386. The Mayor.called for a roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCluskey, and Olesen. Those voting no: none.. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 18 -76 - ACCEPT GIFT FOR SENIOR CITIZEN'S CENTER) The Mayor requested Councilwoman Bauman to read a Resolution accepting a gift from Mr. and Mrs. Colin McLeod for the Senior Citizen's Center. The Resolution was as follows: BY THE COUNCIL; BANKS, BAUMAN, McCLUSKEY, OLESEN, RAYMOND & WILLIAMS _ A RESOLUTION ACCEPTING THE GIFT OF Mr. and Mrs. Colin McLeod, Jr. AND PROVIDING AN EFFECTIVE DATE. - WHEREAS, On or about the 1st day of June, 1976, Mr. and Mrs. Colin McLeod, Jr. _ by document dated _ June 1, X976 gave to the City of Caldwell, the following gift, to -wit: Twenty -five Dollars ($25.00) to be used for the Senior Citizen's Center more particularly described in said document referred to above attached hereto as Exhibit "A" and WHEREAS, The Council at its regular meeting of June 1, Book 17 Page 136 1976, accepted the gift together with a•11 conditions therein contained, finding such gift to be in the best interest of the City of Caldwell. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. That the gift of Twenty -five_ ($25.00_ Dollars from Mr. and Mrs. Colin McLeod, Jr. pursuant to the terms and conditions of that certain document referred to Exhibit "A be, and the same hereby is, accepted. Section 2.. That the City of by this Resolution shall covenant with Mr. and Mrs. Colin McLeod Jr. that it will, upon the said sure of.money being delivered to it pursuant to said document attached hereto as Exhibit "A" attached hereto. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Councilwoman Bauman sponsored this Resolution. MOVED by Bauman, SECONDED by Williams that the Resolution accepting the gift from Mr'. and Mrs. Colin McLeod for the Senior Citizen's Centex' be passed. The Mayor called for a roll call vote. Those voting yes: Bauman McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: none. MOTION CARRIED (TREE PROBLEM - POSSIBLE CITY LIABILITY) The Mayor presented to the City Council a picture of a tree that the City Attorney had called to his attention that he felt could -be a_ liability to the City of Caldwell. When a ditch was tiled near the tree, some of the roots of the tree were cut possibly resulting in the tree leaning rather badly. The Mayor felt it might: be prudent to acknowledge that this was a potential hazard and suggest that they have the tree removed. The City Council agreed with this decision and the Mayor stated he would contact the property owners and advise them of the Council's concern. MOVED by McCluskey, SECONDED by Olesen that the City of Caldwell go on record as recommending to the owners of this property where the tree was located to remove the tree as it was a potential hazard. The Mayor agreed to let them know. MOTION CARRIED Councilwoman Bauman reminded the City Council of a Workshop being held at the College,of Idaho she felt they would be interested in attending. The topic was Pressure on Public Lands in the West. The City Attorney inquired as to when the tennis courts would be ready for use as he had many inquiries regarding the date of completion. The Mayor stated that some of the materials were not here as yet. There being no further business, the Meeting was adjourned at 9:00 p.T 15th DAY OF June 1 , 1976. Mayor ATTEST: City Cle'rk- APPROVED AS written THIS