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HomeMy WebLinkAbout1976-07-06city council minutesBook 17 REGULAR MEETING July 6, 1976 7:30 P.M. The Meeting was.called to order by Mayor Pasley. Page 147 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams,. Banks, and Bauman. Absent: Raymond. (APPROVAL OF THE MINUTES) It was MOVED by Williams, SECONDED by Banks to dispense with the reading of the minutes of the Regular Meeting of June 15th, 1976, and the Special Meeting of June 22nd, 1976, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor stated that this would be the time for anyone from the audience to .bring their questions or business before the City Council. The Mayor explained for members of the City Council who were not at the Council Chambers earlier that four gentlemen testified that they were in Luby Park on Sunday afternoon and found that the restrooms were not opened. He also had a call from Freda Stout who told him that none of the restrooms in the Parks were open over the weekend. The Mayor said further that he had talked with Jess Payne regarding this and that Mr. Payne stated that the policy was to keep the restrooms open at Luby.Park•and J. C. Park until 5:00 P.M. and Memorial Park until 9 :00 P. M. and they were locked up at those hours due to vandalism. The Mayor stated that he hoped the Council would establish a policy to keep the restrooms open at reasonable hours over the weekends. Some discussion followed. The Police Chief stated that he was in the Memorial Park on Sunday and that the men's restroom was open at that time. The Council discussed the possibility of having one of the Police Officers locking the doors in the evening. Council- woman Bauman suggested that the restrooms should be left open later on the evenings when the ballgames were being played. MOVED by Williams, SECONDED by McCloskey that the restrooms at the Parks.be left .open in the evening until 10:00 P.M. and that the arrangements for closing the restrooms be worked out between the Chief of Police and with Mr. Payne of the Parks Department. MOTION CARRIED OLD BUSINESS (ORDINANCE NO. 1388 - THIRD READING OF PAWNBROKER'S ORDINANCE) The Mayor explained that this Ordinance was tabled at the last Regular City Council Meeting in order to give Councilman Banks an opportunity to check the surrounding communities as to their policy regarding the pawnbrokers. MOVED by Banks, SECONDED by Bauman that the Ordinance be returned to the table and considered at this time. MOTION CARRIED Councilman Banks reported.that he had checked with several of the surrounding:- towns, - with several- pawnbrokers and with Al Wing of the Police Department. _ In his investigation he found that the changes suggested at the last City Council Meeting were pxetty much in agreement with other Ordinances regarding pawn- brokers. Councilman Banks stated that he would sponsor the Book 17 Page 148 Ordinance and read the Ordinance for the third time by title only as follows: 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. MOVED by Banks, SECONDED by Bauman to amend Bill No. 20 regarding pawnbrokers. MOTION CARRIED MOVED by Banks, SECONDED by Williams that Bill No. 20 be passed and entitled Ordinance No. 1388. The Mayor called for a roll call vote. Those voting yes: Banks, McCluskey, Olesen, Williams, and Bauman. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (CONSIDER AMENDMENT TO SEWER ORDINANCE) The Mayor explained that after the Ordinance on sewer was passed, a copy of the Ordinance was sent to the State Department of Health and Welfare and to the Environmental Protection Agency. Both of these agencies called the Mayor stating that the City was in error in one section. This was in the definition of a 1 ° major contributing industry where it read as follows: 1. has a flow of 50,000 gallons or more per average workday; and 2. has a flow greater than five percent (5 %) of the flow carried by the municipal system receiving the waste; and 3. has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Federal Water Pollution Control Act of 1972 and its amendments; and 4. has significant impact, either singly or in combination with other contributing industries, on the treatment works or the duality of its effluent. The Mayor explained that the "and" at the end of each of these paragraphs should read "or They would not accept the Ordinance without this change and ask that it be changed immediately. MOVED by Olesen, SECONDED by Bauman that the City. Attorney be instructed to draft an amendment to Ordinance 1383 including the requirements set by the E.P.A. regarding contributing industries. Some discussion followed this motion. Mr. Buratto and Mr. Krone both discussed this wording and the Mayor again informed them that the City of Caldwell was only doing what the government was telling them to do and the City did not select the wording. It was a law that the City of Caldwell has to adhere to. The Mayor asked for a roll call vote. Those voting yes: Olesen, Williams, Banks, Bateman, and McCluskey. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED Book 17 Page 149 NEW BUSINESS (CLAIMS AGAINST CITY OF CALDWELL) The Mayor presented two claims against the City of Caldwell. The first was from Mr. and Mrs. Hargreaves for damages from sewer stoppage and the second from Velva J. Sweat, for damages from sewer stoppage. MOVED by McCluskey, SECONDED by Olesen to deny these claims and refer them to the Finance Director for his study and to then be referred to the City's Insurance Carrier. MOTION CARRIED (RESOLUTION NO. 22 -76 - ADOPT SPECIFICATIONS FOR WATER LINE INSTALLATION) The Mayor explained that a new law passed by the last Legislature requires that the plans and specifications for the extension of any sewer and water lines be submitted to the State Department of Health and Welfare for their approval before the work can proceed. The 'City Engineer prepared a complete set of specifications for the water system for the City of Caldwell and sent a copy of it to the Department of Health and Welfare. He further explained that if the City Council would adopt this, then only a request would have to go in showing where they were for future water line extensions. The specifications would already be there. Councilman McCluskey stated he would sponsor this Resolution and read as follows: WHEREAS, The City Engineer of the City of Caldwell, Idaho, has prepared and filed with.the City Clerk of said City, Specifications for Installations of the Water System for the City of Caldwell, Idaho; and WHEREAS, a copy of the Specifications for the Installations of the Water System for the City and filed with the City Clerk of the City of Caldwell is on file with the State Department of Health and Welfare in Boise, Idaho; NOW, THEREFORE, Be it resolved that the Mayor and City Council of the City of,Caldwell, Idaho, accept and approve the specifications for Installations of the Water System for the City of Caldwell, Idaho. MOVED by McCluskey, SECONDED by.Bauman. that Resolution No. 22 -76 be passed The Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Banks, and Bauman. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (RESOLUTION NO. 23 -76 - HOSPITAL GIFT) The Mayor requested that the City Attorney read the following Resolution: WHEREAS, Caldwell Memorial Hospital Association, Inc. has by vote of its membership directed the Board of Directors of Caldwell Memorial Hospital Association, Inc. to transfer the sum of ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS, to City of Caldwell, a municipal corporation, State of Idaho, as a gift, upon and subject to certain terms and conditions; and WHEREAS, Said terms and conditions of said gift require that the City of Caldwell apply said gift first, to retire the existing loan from Bank of Idaho, Caldwell Branch, to Canyon Book 17 Page 150 Multi- Purpose Stadium, Inc.; and second, to apply the balance of the proceeds to capital improvements on property known as the Canyon Multi- Purpose Stadium, presently owned by Canyon Multi - Purpose Stadium, Inc. which said real property is to be transferred to City of Caldwell; and WHEREAS, It is the intent of the City Council, City of Caldwell, to apply the monies received from Caldwell Memorial Hospital Association, Inc. as a gift in a manner consistent and as directed by the Caldwell Memorial Hospital Association, Inc. as a gift in a manner consistent and as directed by the Caldwell Memorial Hospital Association, Inc. NOW, THEREFORE, BE IT RESOLVED That upon receipt of a gift in the amount of ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS from Caldwell Memorial Hospital Association, Inc. the City of Caldwell will accept said gift subject to the terms and conditions as set forth by motion of the membership of Caldwell Memorial Hospital Association, Inc. and confirmed by Board of Directors of Caldwell Memorial Hospital Association, Inc. and further, the City of Caldwell agrees to disperse said funds as specified by Board of Directors and membership of Caldwell Memorial Hospital Association, Inc. Councilwoman Williams said she would sponsor this Resolution. MOVED by Williams, SECONDED by Bauman that Resolution No. 23 -76 be passed concerning -the gift from the Caldwell Memorial Hospital Association. The. Mayor called for a roll call vote. Those voting yes: Williams., Banks, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (TRANSFER OF POOL, WINE, CARD., AND BEER LICENSE - EL MEXICO DANCING) The Mayor read a letter from the Chief of Police giving his recommendation that a transfer of a current City Beer, Wine, Card, and Pool licenses be granted from Jesus Paz and Maria J. Paz to Manuel and Rebeca Zamora, The Police Chief stated that he had caused an investigation to be conducted on Manuel and Rebeca Zamora and find that they were qualified to obtain these licenses. The fee and applications were on file with the City Clerk and he could find no legal reason why the licenses should not be transferred to Manuel and Rebeca Zamora to operate a business known as the E1 Mexico Dancing at 410 Main Street, Caldwell, Idaho. MOVED by McCluskey, SECONDED by Banks that this transfer of beer, wine, card, and pool license to Manuel and Rebeca Zamora doing business at the E1 Mexico Dancing be approved. MOTION CARRIED (NEW BEER LICENSE - CALDWELL BOWL) The Mayor read a letter from the Chief of Police stating that Mr. Fred Beguhl and Delano Cafferty, owners of the Caldwell Bowl had made application to obtain a beer license. The Police Chief investigated both gentlemen and found no reason why a beer license should not be issued to this partnership to do business at.the Caldwell Bowl. The fee and application were on file with City Clerk. MOVED by Banks, SECONDED by McCluskey that a Beer License be issued to Fred Beguhl and_Delano Cafferty doing business at Book 17 Page 151 the Caldwell Bowl. MOTION CARRIED (REQUEST OF POLICE CHIEF) The Mayor read a letter from the Chief of Police requesting permission to attend Pacific Northwest Chapter of the F.B.I. National Academy Associates to be held at the Rodeway Inn in Boise on July 18, 19, 29, and 21. The expenses were in the amount of $75.00. MOVED by Banks, SECONDED by McCluskey that approval be given to the Police Chief to attend this meeting and for the expenses involved. MOTION CARRIED (SALE OF PROPERTY AT FREEPORT AND KIMBALL) The Mayor,explained that the City acquired property at Freeport and Kimball due to failure of the owner to pay the taxes. The City received a Quitclaim Deed and already had an offer from someone who wanted to buy this property to build a home. In the meantime, Councilman Olesen had an appraisal made on the property. The property was zoned Residential -A and valued at $3,5009 Changed to Residential -B, it would have a value of $5,000; Changed to CD- Commercial has a value of $10,000. Councilman Olesen stated that he felt that the City Council should first agree to sell it and then request that it be rezoned and advertise it for sale under sealed bid. Much discussion followed this statement. It was then-MOVED by Olesen, SECONDED by McCluskey to sell the property. MOTION CARRIED MOVED by Olesen, SECONDED by Banks that the zoning of this property be referred to the Planning and Zoning Board for their consideration. MOTION CARRIED The Mayor requested Councilman Olesen to see that the rezoning consideration be referred to the Zoning and Planning Board. (ADOPT SEWAGE FACILITIES PLAN) The Mayor explained that this matter would have to be postponed due to the fact that the Riverside Canal has turned down the City °s proposal to dump the .wastewater in their system. (POLICY REGARDING SEWER SERVICE CHARGES) The Mayor explained that the- Finance.Director proposed that a Three Dollars ($3.00):surcharge be added on the bottom of sewer bills each month to take care of the City's share of the Treatment Plant cost. Mr. Horan figured that by having it done this way it would save $17,500.00 plus $667,800.00 over a thirty year period. when the facility plant was paid for, the charge would be dropped. The Mayor was hopeful that the City Council would adopt this policy tonight so that letters could be included this month in the billings and repeated next month so that the customers would have ample notice of this added charge. This charge would become effective September 1, 1976. MOVED by McCluskey, SECONDED by Olesen to accept this policy and that the latter be included with the water bills the next two months and-the policy be effective with_the September Book 17 billing. Page 152 MOTION CARRIED The City Attorney was instructed to dram a Resolution ratifying this motion for the next Regular City Council Meeting. (DISCUSS AIRPORT OPERATORS LEASES) The Mayor read-the minutes from the Airport. Commission Meeting. Included in the minutes was a rough draft of the Airport leases proposed by the Commission. The City Council felt that each recommendation should be followed with the statement, P 1 subject to approval by the City Council." The City Council requested that the City Attorney review this recommended lease proposed by the Commission, and reword where necessary. The Mayor stated that construction at the new airport was progressing rapidly and he felt that these leases should be prepared as soon as possible. Much discussion followed the presentation of the Commission's proposed lease recommendations. MOVED by McCluskey, SECONDED by Olesen to instruct the City Attorney to. draft a general lease for the airport operator incorporating the ideas of the Commission and present to the Airport Commission for approval before presenting to Bill Test. MOTION CARRIED (AUTHORIZE INSTALLATION OF TWO FLOW METERS) The Mayor asked the City Council's authorization for the Sewer Department to install two flow meters in manholes below the Dairymen's Creamery and the Idaho Meat Packers. The cost was not to exceed $9,200. It would be qualified inspection throughout the installation and anytime the City would want certified readings it would be done whether daily, weekly or whatever. MOVED by McCluskey, SECONDED by Bauman that the Finance Director and the Sewer Department be authorized to negotiate for two flow meters. MOTION CARRIED (WATER: LINE EXTENSION POLICY) The Mayor read a recommendation submitted by the Finance Director that the City Council adopt a policy regarding water line extension charges. It was as follows: THE FOLLOWING REPRESENTS CITY OF CALDWELL POLICY WITH RESPECT TO WATER LINE EXTENSIONS: 1. Intersections and Cross Streets: A. The City of Caldwell will absorb all costs of extending water lines in intersections and cross streets. B. The City of Caldwell shall install minimum 6 1 ° ( inch) lines or larger as required. 2. Water Line Extensions other than Intersections and Cross Streets: A. The City of Caldwell shall charge $2.00 per linear foot for all water line extensions. B. The City of Caldwell shall install minimum 6" (inch) lines or larger as required. Requests for water service less than 6" (inch) must be submitted (in writing) to the Water Superintendent. Book 17 Page 153 All authorized reductions in water line size must be acknoledge in writing by the Water Superintendent. The Mayor stated that he felt it should say 6" or larger in Paragraph B under both Number 1 and Number 2. The Mayor also pointed out that the amount should read $1.50 per foot for lines 1 inch or smaller. MOVED by Banks, SECONDED by McCluskey that the Policy regarding the water line extension be adapted s- ubject to the chang ;.s as stipulated by the Mayor. MOTION CARRIED (AUTHORIZE FINANCE DIRECTOR'S SIGNATURE ON WARRANTS) The Mayor stated that he felt the City Council should authorize the Finance Director's signature on all warrants. This was due to the fact that only the Mayor and City Clerk were authorized to sign warrants. Councilwoman Williams pointed out that due to the fact that Mr. Horan was the City Treasurer he could not sign the warrants. She further pointed out that the Deputy City Clerk should be authorized to sign warrants. MOVED by Williams, SECONDED by McCluskey that the Deputy City Clerk be authorized to sign the warrants. MOTION CARRIED (RECOGNITION OF GEORGE CROOKHAM) The Mayor informed the City Council that he felt George Crookham should be publicly commended for the job he did for the Bicentennial celebration in the City of Caldwell. He hoped that the Council would instruct him to write Mr. Crookham to thank him for a job well done. The special edition in the paper was paid for by the Crookham Company and was very interesting and informative. MOVED by Banks, SECONDED by McCluskey that the Mayor be instructed to write to George Crookham in behalf of the City of Caldwell thanking him for a job well done. MOTION CARRIED Councilwoman Bauman pointed out to the Council members that they should have each received a copy of the City of Boise's Forestry Ordinance. She also stated that on the 15th of July in the morning the Beautification Committee was sponsoring a tour of the City and a workshop on trees and she would hope some of the Council members would try to attend. Councilwoman Williams also commented that she felt the Police and the Fire Department should be commended for the wonderful job they did over the weekend. There being no further business, the Meeting was adjourned at 9:15 P.M. APPROVED AS written THIS 20th DAY OF July 9 19 76 yor fI Zll_ City Cl,6