HomeMy WebLinkAbout1983-07-26city council minutesBook 24 Page 177
REGULAR MEETING
July 26, 1.983
12:00 Noon
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: Raymond, L. Carter, J. Carter, Mallea, Betts,
and Cowles. Absent: none.
(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. Since there was no one who cared to speak, the
Mayor declared that the meeting would continue as outlined on the
prepared Agenda.
OLD BUSINESS
(THIRD READING OF BILL NO. 11 - YARD SALES)
The Mayor read Bill No. 11 by title only as follows:
AN ORDINANCE AMENDING TITLE IV, CHAPTER 17, OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, IDAHO, RELATING TO
MISCELLANEOUS LICENSES BY ADDING A NEW SECTION 14 (A)
PERTAINING TO YARD SALES, PERMIT REQUIRED; AND SECTION 14
(B) PERTAINING TO YARD SALES, RESTRICTIONS: REPEALING ALL
ORDINANCES, RES0LUTIONS, ORDERS OR PARTS HEREOF IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
The Mayor further read from the Restrictions as follows: No more
than four sale permits may be issued to an individual in a
,calendar year. No more than two sale permits may be issued for
one location or address in a calendar year. No sale may run for
in excess of three calendar days. No sale may be advertised on
publicly owned property, utility poles or trees in the public
right of way. Advertising may be done only on private property
with the permission of the owners.
The Mayor pointed out that it also should read that no more than
four sale permits may be issued for one location or address in a
calendar year. The Clerk was instructed to make this correction
to the Bill.
There was quite a lengthy discussion among the City Council
members, but no one attending the Council Meeting addressed this
issue.
It was then MOVED by Betts, SECONDED by Mallea that Bill No. 11
be passed and entitled Ordinance No. 1646.
Further discussion ensued and subsequently the Mayor called for
the question and asked for a vote on the motion as made.
Roll call vote. Those voting yes: Betts, Raymond, Mallea.
Those voting no: Cowles, L. Carter, J. Carter. Absent: none.
Due to the tie vote, the Mayor cast his vote as a yes. The
motion was then carried.
MOTION CARRIED - --
NEW BUSINESS
(FINDING OF NO SIGNIFICANT IMPACT - BLOCK GRANT PROJECT)
The Mayor called on the City Engineer to address this item on the
Agenda.
Book 24
Page 178
Mr. Redmond stated that he passed out to the members of the
Council the actual notice that will be sent out to the public of
no significant impact on the environment and the notice to the
public of request for release of funds. Mr. Redmond further said
that this was an environmental step that has to be taken. An
environmental review record was prepared with regard to the
Community Block Grant which was the extension of West and East
Chicago Streets and the improvement of a portion of Kearney at
the North end of town and also Madison and some of the other
improvements. Prior to the City receiving grant monies on the
project, the City has to file a notice of determination or
finding. Based on the City's environmental review record, they
prepared a draft finding. The key portion of this finding was
The reasons for such decision not to prepare such statement are
as follows: The facilities and improvments are consistent with
the use of the area and although will increase the size and
capacity of existing facilities, will not create a significant
impact on the environment. By stating this fact, the Council
would be saying that the improvement proposed would not create a
significant on the environment and therefore, the City does not
have to follow that environmental impact process. After the
appropriate time frame has elapsed, then the City can receive the
funding. It was an administrative action that the City has to do
as the City cannot receive any monies for the project until this
has been taken care of.
MOVED by L. Carter, SECONDED by Cowles that the Mayor be
authorized to sign the finding of no significant impact on the
environment as presented by the City Engineer.
MOTION CARRIED
(VALDEZ TORT CLAIM)
The Mayor read this claim for the Council's information:
My client, Rudy Valdez, was present in the City Hall making
payment on sewer and water charges at which time he turned
to leave the building and the City of Caldwell through its
Plant Mamanger and /or custodians, and /or other employees,
left the mat on the floor in such a condition that my client
tripped over the mat and fell directly into the glass window
beside the door breaking the glass window and causing
contusions to my client's nose, face and facial bones.
My client was taken to the Caldwell Memorial Emergency
Medical Room, was Patient No. 27211, Account No. 19729 -01.
He suffered contusions and bruises in the area of his face,
nose, and eyes, and has, in fact, incurred a medial bill
with the Caldwell Medical Group for the sum of $55.00 for
medical services rendered to him by Joe McCary, M.D., of 222
E. Logan Street, Caldwell, Idaho. Further, my client has
been taking pain pills to keep the pain within control and
bounds, and alleges that the claim of $175.00 would be a
reasonable claim.
/s/ Richard Rosenberry
MOVED by Raymond, SECONDED by Cowles that the claim be denied and
referred to the insurance carrier.
Councilman Cowles commented that several City employees witnessed
this incident and he felt that if the insurance company agrees
that they be asked to report to clarify the matter.
MO'T'ION CARRIED
(TENTH AVENUE MAINTENANCE AGREEMENT)
The City Engineer requested that this item be postponed until the
next City Council Meeting.
Book 24 Page 179
(ARTICLES OF INCORPORATION - I.L.O.T. FOUNDATION)
The Mayor said that for the Council's information, he would
report with regard to the I.L.O.T. Foundation (In Lieu of Taxes)
which would be a perpetual fund, for the maintenance of the
Interstate Landscaping. He further stated that he had the rough
draft for the Articles of Corporation and it was sent out to the
members of the Foundation. As soon as the Mayor received it back
from Mr. Bates, they will get it started and will have to do
everything they can - to pursue - the project.
(COMMITTEE REPORTS)
Councilwoman Mallea stated that she was requested by the Library,___,
Board to announce the resignation of Sue Gilroy as Library
Director effective last Friday. The Assistant Librarian will be
assuming responsibility for the Library until a new Director was
determined.
Councilwoman Mallea also reported to the Council that the City
has been approached to allow proposals for the Health Insurance.
It was her recommendation that all of those interested in making
a proposal be allowed access to the records that were necessary
in making a proposal and all of those in the health insurance
business be asked to make proposals. She would like to request
that - the Mayor notify - these companies and a date be set for when
these proposals should be submitted.
In the discussion that ensued, it was suggested that the date for
the deadline for proposals be set as September 1, 1983, at 12:00
Noon.
It was MOVED by Mallea, SECONDED by Betts that the Mayor be
authorized to inform the local carriers of group health insurance
that the City would accept proposals with a deadline set for the
lst of September, 1983„ at 12:00 Noon.
MOTION CARRIED
Councilwoman. Mallea also reported that the hashbrown was going
well toward the August 13th date. She informed the Council that
the engineering problems with regard to this project were
tremendous.
It was then MOVED by Mallea, SECONDED by Cowles that the City
Council convene into art Executive Session pursuant to the Idaho
State Code, Section 67-2343, for the purpose of discussing
employee's salaries immediately following the Regular Session.
Roll call vote. Those voting yes: Mallea, Betts, Cowles,
Raymond, L. Carter, and J. Carter. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(MAYOR'S COMMENTS)
The Mayor informed the City Council that the negotiating
committee for the Fire Department Agreement for this year would
be Councilman Raymond and Betts. The Mayor further stated that
he had contacted the Fire Department and asked Cal Clevinger to
get in touch with the two Councilman.
(RESOLUTION TO APPROVE AGREEMENT FOR MUNICIPAL AUDIT)
The Mayor read the following Resolution in full:
Book 24 Page 180
RESOLUTION AU'T`HORIZING MAYOR AND CITY CLERK TO EXECU'T'E AN
AGREEMENT BETWEEN THE CITY OF CALDWELL AND MESSURI, BATES,
AND GIBBONS TO PERFORM THE MUNICIPAL AUDIT FOR THE YEAR
1982 -83.
BE IT RESOLVED That the Mayor and Clerk of the City of
Caldwell be, and the same hereby are, authorized to execute
that certain MUNICIPAL AUDIT - LETTER OF UNDERSTANDING
Agreement attached hereto and made a part hereof as if set
forth in full by and between the City of Caldwell and the
Certified Public Accountant Firm of Messuri, Bates, and
Gibbons to be completed ninety days from receipt of
records.
MOVED by Mallea, SECONDED by Betts that the Resolution be passed
authorizing the execution of the Municipal Audit - Letter of
Understanding by the Mayor and City Clerk
Roll call vote. Those voting yes: Mallea, Betts, Cowles,
Raymond, L. Carter, and J. Carter. Those voting no: none.
Absent and not voting: none.
MO'T'ION CARRIED
There being no further business for the Regular Session, the
Mayor called the meeting adjourned and the City Council convened
into an Executive Session. After discussion, the Executive
Session was adjourned at 2:00 p.m.
APPROVED AS written
Aug - ,1983.
THIS_- 2nd
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DAY OF
Coiancilper `son
Councilperson
ATTEST:
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