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HomeMy WebLinkAbout1980-06-03city council minutesBook 21 Page 157 REGULAR MEETING June 3.1980 7:30,p.m. The Meeting was called to order by Mayor McCluskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. The Mayor asked for everyone to stand and give the Pledge of „ -_ Allegiance to the Flag. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Special Meeting of April 22nd, the Reg-alar Meeting of April 29th, the Regular Meeting of May 6th, the Regular Meeting of May 13th, the Regular Meeting of May 20th, and the Regular Meeting of May 27th and approve them as written. Roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor stated that he would like to point out the lack of necessity to call the roll on every motion made. The State Code stipulates that with the exception of Ordinances, the only time it was necessary to call the roll was when requested by a member of the City Council. The Chair would from now on just call for an aye and nay vote unless requested otherwise. (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 declared that the Meeting would continue as outlined. OLD BUSINESS (ESTABLISH DATE FOR APPRAISAL OF MILLINER PROPERTY) The Mayor stated that the first order of business under Old Business was to establish a date for the appraisal of the Milliner property. The Council discussed this previously and they were aware that this was a trade of properties in the vicinity of the bypass. The Mayor said that he had put on that committee Councilwoman Mallea, Councilman Raymond, Mel Lewis, and himself. The date set for them to meet and go look at the property was at 4:00 p.m. on Thursday, the 5th of June. (ESTABLISH DATE - SEWAGE DAMAGE CLAIMS COMMITTEE) The Mayor informed the City Council that this Committee consisted of Councilman Raymond, Councilman Carter, Dave Baker, the Mayor, Mel Lewis and in this instance the Superintendent of the Treatment Plant, Glenn Hollis. The Mayor set this meeting for 10:00 a.m. on Wednesday, June 4th. (ADDITIONS TO THE AGENDA) The Mayor stated that there was two items that he would like to add to the prepared Agenda with the City Council's permission. The first was a Pool License and the other was the new Criminal Rule Procedure. MOVED by Hopper, SECONDED by Williams that the Mayor be given permission to add these two items to the prepared Agenda. MOTION CARRIED Book 21 Page 158 NEW BUSINESS (POOL LICENSE APPLICATION - HEC'S PUN SPOT) The Mayor said that he would address the first addition to the Agenda at this time. There was an application for a pool license submitted by Hector Villarreal for Heels Pun Spot. Approval was given by the Chief of Police and the fee paid to the Office of the City Clerk. The location of Hec's Pun Spot was at 103 SOutI7. Kimball Avenue and was to be granted with no beer available and. was to be run primarily for the youth. MOVED by Williams, SECONDED by Hopper that approval be given for the Pool License for I -Ieels run Spot. MOTION CARRIED (NEW CRIMINAL RULE PROCEDURE) The Mayor informed the City Council that this item was requested to be on the Agenda by the Chief of Police. The Mayor felt that this was something that the City Council should be aware of. Once again it was a procedure mandated on the cities that would cost many, many dollars without any provision at all for funding of this item. It was a mandate by the courts. It was Court Rule No. 1932 -01 and the Mayor read the letter from the Chief of Police explaining this ruling. The letter was as follows: Please find enclosed a copy of Rule 16 of the Idaho Rules of Criminal Practice and Procedures that will become effective on July 1st, 1980. It was the present policy of the Prosecuting Attorney's Office that if a case will go to trial after the July lst date their office will follow the due rule 16 guideline. Because the new rule makes increased demands upon the Prosecutor and therefore, it will make increased demands on our officers. The new rule 16 adds three elements to the existing discovery rule. (1) Witness statements whether oral or written; (2) Police reports the State has in its file; (3) Whatever the courts after hearing requires the State to disclose in the interest of justice. Because of the above, a procedure will have to be implemented whereby complete witness statements are gathered. Therefore, because of this new rule, it is requested that I be authorized to purchase the necessary tape recording equipment so that we can guarantee that our officer's reports are accurate and it will help guard against impeachment and embarrassment of our officers in trial. Parts of the purchase of this equipment will be found in the Caldwell Police Administrative Budget which I set aside for the purchase of a color video monitor. Equipment of six tape recorders that will adapt to a cigarette lighter which will save on batteries; one tape copier which will copy a tape at high speed. I looked at one this morning that copies a ninety -eight minute tape in four. minutes. There was no way that we will ever be able to transcril all tapes within the fourteen day time limit to comply with the discovery rule. I will not exceed the $900.00 for the purchase of this equipment. This equipment is urgently needed. /s/ Charles W. Astleford Chief of Police The Mayor stated that he actually gold the Chief that it was not necessary for him to give this explanation to the City Council as long as he stayed within his budget, but the Mayor did appreciate his explanation to the Council. The Mayor explained how it was necessary for the police officers to get statements from those involved at the scene of an accident or any other criminal incident. When the defense attorney requests it, he has the right to any transcript of any material given at any time and the City has to furnish it.. That means that all of this has to be transcribed on another tape and it must be furnished to the attorney. All of that in turn has to be transcribed in a written manner. Book 21 Page 159 (ESTABLISH MEETING DATE WITH FINANCE COMMITTEE ON DELINQUENT WATER ACCOUNTS) The Mayor informed Councilwoman Williams that he had quite a stack of water accounts that he would like to have her help him go through with Judy Subia so some action could be taken on them. The Mayor then set the time for the meeting at 1:30 p.m. on Wednesday. (CONTRACT APPROVAL FOR BRETT DINGER) The Mayor asked Donna, of the Accounting Department, if she had this contract available. She reported tha t the payments would be $20.00 a month for eighteen months at 7% interest. The Mayor said that this was discussed at noon and was a method of furnishing water to the individual. MOVED by Raymond, SECONDED by Williams that the City accept the down payment of $400.00 and the payment schedule as established by the Finance Department. Councilwoman Williams asked if it would be necessary to put in the motion that the City would immediately put the meter in. It was the City Engineer's recommendation that when he brings in the $400.00 that he make application for a meter and the City would put it in. The Mayor asked for a roll call vote. Those voting yes: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 34 -80 - CERTIFICATION OF SIGNATURES) The Mayor explained that the next item of business was a Resolution authorizing ceritification of signatures. The Mayor read the Resolution in full as follows: WHEREAS, in conjunction with application for Community Development Funds, the Department of Housing and Urban Development requires formal certification of signatures of individuals authorized to draw on the cited letter of credit by payment voucher; NOW, THEREFORE, BE IT RESOLVED, that the following are hereby authorized to sign, on behalf of the City of Caldwell payment vouchers, when drawn down against its letter of credit, such requests to be signed by any two of the following officials providing that one be an elected official: Donna Talley, Chief Accountant Cleo Murphy, Accounting Department Clerk I A. H. McCluskey, Mayor Gene Betts, Councilman BE IT FURTHER RESOLVED, That Betty Jo Keller, City Clerk of the City of Caldwell be designated to certify the authenticity of the signature of individuals authorized to execute Treasury Form TFS -7578, Request for Payment on Letter of Credit and Status of Funds Report. MOVED by Carter, SECONDED by Williams that Resolution No. 34 -80 be passed authorizing the certification of signatures as stipulated. The Mayor requested a roll call vote. Those voting yes: Carter, Betts, Williams, Raymond, Mallea, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPOINTMENT OF INITIAL SIDEWALK COMMITTEE) The Mayor stated that at this time :he would like to appoint the initial sidewalk committee. He was hoping that the Committee, after Book 21 Page 160 starting work on the problem will see fit to add one or two people that have some experience in building. He appointed to the Committee the Local Improvement Committee which consists of Councilman Raymond and Councilwoman Mallea and himself and also Councilman Carter. He would also like to have the two insurance representatives, Ray Wolfe and Rick Bowman, and also Mel Lewis, City Engineer, and Dave Baker, Assistant City Engineer. The Mayor further said that he would set the first meeting when it was logical to do so Any other members of the City Council who cared to work on this project were certainly welcome to do so. (DEEDS AND EASEMENTS) The City Engineer reported that there was no deeds or easements to present at this meeting. (COMMITTEE REPORTS) Councilwoman Williams reported that she attended the Library Board Meeting on Friday noon and everything was coming along fine. The budget was practically completed and they were in good shape financially. Councilman Betts and Councilman Carter reported that they had no reports to make at this meeting. Councilman Hopper asked. if the Council members read in the Statesman the good report given to Purple Sage Golf Course. It was a very complimentary report. Councilman Hopper stated that he would defer the report from the Airport Commission until next Tuesday. The Mayor stated that it woul be on the Agenda for next Tuesday as requested by the Airport Commission. Councilman Hopper reported that the Parks and Recreation Commission had their regular monthly meeting the day before which was well attended. The Recreation Director gave an extensive report. There was some philosophical discussion entered as quite a number of the Commission members think that the City is headed towards a program where the City will do nothing but subsidize adult sponsored recreation programs. The adult sponsor might be adult participation . or children participation, but the idea was that each area of interest would have their own organization and the City would be kind of a committee that would extend funds to help them in subsidization of their program. Many of the members were receptive to it and others had the wait and see attitude. The Mayor stated that he had always felt that the Recreation Program should be run by the parents and he felt that their possible acceptance of this concept was great. Councilman Raymond stated that he felt that the Airport Commission Meeting should be discussed a little at this time. He felt that the Council should be aware of what they would be asked at next Tuesday's Meeting. Councilman Hopper pointed out that the Commission asked that the Airport Manager be present when this issue was discussed and he felt that they should respect that request. Councilman Raymond further commented that he thought the Mayor and Council shoul( review the Manager's contract before that meeting. Councilman Raymond also said that the Mayor made some statements at the Airport Commission Meeting the previous afternoon pointing out that just because the Airport Commission thinks a particular project is good for the City doesn't mean that everyone in the City thinks it is good for the City. He felt that the Council needed to - recognize that everything that is done at the Airport was not always good for all the residents of the City of Caldwell, although the Council has supported their ideas. He supported what the Mayor said to the Commission and would continue to do so. Councilwoman Williams said that she would like to announce that she and Councilman Betts have set the budget meetings. The :first one would be Wednesday, June 11th from 3:OO p.m. until 5:30 p.m. and there will be one on Thursday, June 12th at the same time. She asked that Book 21 Page 161 the Council members bring in their budget books to use for the work sessions. if someone was unable to attend a session, they would try to get one copy available for the absent one to copy off in their book. That way no one will get behind and take unnecessary time asking questions and having to go back over the items. (MAYOR'S REPORTS) (HUMANE SHELTER MEETING) The Mayor reported that there was a meeting last Thursday at the County Courthouse with regard to the Humane Shelter. He had given a little presentation to those present about the willingness of the City of Caldwell to furnish the piece of land and maybe a little engineering to build a structure there. He found that a lot of the people present at the meeting were property owners from around that area and were there to try to stop the whole idea. Actually, the Mayor stated, there was only two actual property owners there and the rest were renting. The Mayor had since the meeting gone out there and the place they intended to build the structure was a long ways from their homes. The Mayor further commented that this area was very compatible to the whole operation. There was power available, water available, has access available and it was an area that will not build up because the airport won't let it build up. The American Humane society was interested in this project and they would insist, and he would hope that the Council would agree, that if the structure was built that it would be built according to City specifications. It should have closed enclosure with insulated walls so it would confine the noise to the general area of the building. Also, they would request all the methods of cleanliness. The Mayor felt that these suggestions were imperative. (REPORT ON STATER POLICY COMMITTEE MEETING) The next report was the Water Policy Committee Meeting. The Mayor stated that all members of the City Council had a copy of the policy in their boxes. (ALCOHOL STORAGE REQUEST) The Mayor stated that this was discussed at noon and one of the Council members ask just what the requirements were that the Fire Department was requesting. The Mayor then read the letter that was sent to Dr. Peterson by the Caldwell Fire Department as follows: After numerous discussions between yourself, the City Building Department and the Caldwell Fire Department, and consulting the various code books, permission will be granted for you to install a 12' x 16' (192 square feet) shed on a vacant lot adjacent to your house, in a residential district, provided the following requirements are met: (1) That the shed be centered on the property. Thirty -one feet from each property line. (2) The shed will be located at least 20 feet (20) from the rear property line. (3) The shed be protected by an automatic fire sprinkler system. (4) The area around the shed will be diked, of sufficient heighth to contain the full amount of all storage in the building. (5) No smoking and flammable liquid signs shall be conspicuously posted. (6) All alcohol products shall be stored in approved containers. (7) A ventilation system adequate enough to keep explosive vapors out of the building shall be installed. A system of louvers shall be installed at floor level and an air operated circulator installed in the roof. Permission to install this shed is granted only if the alcohol is used for personal use as a motor fuel or home heating agent. Due to the fact that this type of installation is not fully covered by codes for a private installation in a residential district, the following recommendations are made: Book 21 Page 162 1. No open flame or source of ignition be allowed within thirty (30) feet. 2. An audible alarm system should be incorporated in fire sprinkler system to alert you and surrounding citizens that the temperature had increased sufficiently to activate the fire sprinkler system. 3. The highest degree of security will be maintained to prevent vandalism and ]seep unauthorized persons away. If any question arise that we can be of assistance with, please give us a call at 459 -2421. The Mayor further said that they would still request that the City Council consider an ordinance keeping hazardous fuels from residential areas. He would request that the City Council members think about this problem. (REPORT ON A.I.C. MEETING) The Mayor reported that he did attend the A.I.C. Meeting on May 30th and one of the,items discussed was the responsibility of City officia in action taken and he would keep them informed on that particular item. They were also planning to follow up with the Attorney General. Office on questions asked by Councilwoman Williams. (BICYCLE SAFETY PROGRAM) The Mayor said that he was assured by the ]sire Department that they were going to take on a program of bicycle safety. Safety would be taught and also they would be instructed to get licenses for their bikes as many of them were stolen, round by the Police Department, but could not be returned to the owner due to a lack of a license. (SENIOR CITIZEN DAY) The Mayor also reported,that the Senior Citizens were sponsoring through the Area Council on the Aging a eight county Senior Citizen's Day in the City of Caldwell. There will be four hundred to six hundred senior citizens here in Caldwell on the 16th of June and they are planning a picnic,at noon at the Park. The Mayor was hoping to get a lot of support from the City of Caldwell for this event. (MEETINGS ANNOUNCED) The Mayor announced that there would be a Neighborhood Meeting on the 12th of June of the Community Development Plan at the Salvation Army Church and the Council members were requested to attend this. The Meeting was at 7:00 p.m. There was also on the same date a discussion sponsored by the Fire Department on the druge scene. They have requested that all of the City employees attend this presentation. The time for this was 7:30p. on the 12th of June. (COMMENT REGARDING THE CEMETERY) Councilwoman Williams stated that she would like to comment on how nice the Cemetery looked over the Memorial Day weekend. She thought that it looked nicer this year than it ever has and would hope that the Mayor would report this comment to the Sexton. There being no :Further business, the Meeting was adjourned at 8:20 p.m. APPROVED AS written TI4IS 17th DAY Or June , 1980. �Ma Co Councilman uncCou iIMan G,o�n Councilman ATTEST: City—Clerk--'C/