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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 72� f i DAY OF Coiancilper `son Councilperson ATTEST: City Cle %�