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HomeMy WebLinkAbout1980-09-09city council minutesBook 21 Page 270 REGULAR MEETING September 9, 1980 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, Mallea, Hopper, Carter, and Betts. Absent: Williams. OLD BUSINESS (BILL NO. 21; BURGLARY ALARM ORDINANCE) The Mayor stated that he would like to prevail upon the City Council to postpone the third reading of Bill No. 21 until next Tuesday night's Regular City Council Meeting. The Mayor further informed the City Council that he would like to eliminate Section 4 -22 -3 regarding Automatic Dialing Device. Both the Mayor and the Chief of Police felt that this section was put in primarily for encouragement for people to use a commercial type of system. This section as it now reads would eliminate anyone from putting in their own burglar alarm system. He disagreed with this as anyone putting in their own system was subject to a. fine just like anyone else. The Mayor then asked the Council's permission to bypass this item until the next meeting. All members of the City Council present agreed to the Mayor's proposal. (BILL N0: 24; NEWSPAPER NAME CHANGE FOR CITY CODE) The Mayor read Bill No. 24 by title only as follows: AN ORDINANCE TO AMEND SECTION 1, OF TITLE I, CHAPTER 18 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO REGARDING OFFICIAL NEWSPAPER BY CHANGING CERTAIN LANGUAGE TO ALLOW FOR NAME CHANGE OF OF FICIAL NEWSPAPER: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor then declared this to be the second reading of Bill No. 24. NEW BUSINESS (BID OPENING - PUMPHOUSE FOR WELL 4#12) The Mayor stated that the next item on the Agenda was the bid opening for Pumphouse for Well ##12 and asked the City Engineer to open the bids. The City Engineer was recognized and informed the City Council that he had received two bids. The first bid was from Bob Madden Construction. There was a bid bond in the amount of 5 9 6 of the total bid. The bid was $24,760.00. Their proposal was executed and their public work's license number shown. The second bid was from Cook and Sons Construction. There was a bid bond in the amount of 51 of the total bid. The bid was $11,750.00. Their proposal was executed and their public work's contractor's license number shown.. It was the City Engineer's recommendation that the bid be awarded subject to review by the Engineering Department and the Council Committee on bids. MOVED by Raymond, SECONDED by Betts that the bids be turned over to the Engineering Department and the Council Committee for review and that their recommendation to the City Council be included on the Agenda for the next Regular City Council Meeting the coming Tuesday. MOTION CARRIED Book 21 Page 271 (PRELIMINARY AND FINAL PLAT OF BLOCKS 74 AND 75 OF CEMETERY) The Mayor called on the City Engineer to present the Preliminary and Final Plat of Blocks 74 and 75 of the Cemetery. Mr. Lewis was recognized and stated that he had in front of him a plat of additional cemetery property that was being subdivided into burial sites. The purpose was to file the plat to provide legal descriptions for transfer of grave sites. This would be called Block 74 and Block 75 and it was East of the South end that was now developed. The Planning and Zoning Commission has reviewed this plat and Mr. Lewis further informed the Council that they would accept this plat under a variance of the subdivision regulations. It was the City Engineer's recommendation that the City Council accept the Preliminary and Final Plat of Block 74 and Block 75 of the Cemetery. MOVED by Hopper, SECONDED by Betts that the City Council accept the Preliminary and Final Plat of Block 74 and Block 75 of the Cemetery. Roll call vote. Those voting yes: Hopper, Carter, Betts, Raymond, and Mallea. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED (REPORT ON P.R. - P.R. PROGRAM) The Mayor stated that he would report on the Parking Regulations and Public Relations for the City of Caldwell. There was a copy of parking regulations suggested 'by the Chief of Police which he would make a copy of for each member of the City Council for their purusal. An this time, the Mayor said an officer was hired that had a certain amount of training and the only reason they did not have him on the streets at this time was because a complete uniform was not available in his size. The Mayor said that he would hope that the press would emphasize the public relations aspect of this program. Councilman Raymond questioned as to when the posts would be taken out of the railroad parking lot. The Mayor stated *hat this would be done when the parking was under the control of this officer. The Mayor further commented that the City would have to phase into this program slowly which would mean a couple of weeks before it was really going. (LETTER FROM DAVE REYNOLDS REGARDING UNITED CABLE TELEVISION) The Mayor read the letter from Dave Reynolds as follows: I am pleased to announce that United Cable Television will offer service to the first areas of Caldwell this month. We will formally dedicate the system and display our many channels of service to community leaders at a Grand Opening Ceremony on Friday, September 12 at our offices in Happy Day Basiness Center. As we discussed on the telephone, I am delighted that you will be able to help officiate by helping to "turn on" the system and activating the bank of television sets that will display our services. That part of the ceremony will begin around 6:00 p.m. I'm looking forward to seeing you and other members of the Council and staff on the 12th. The Mayor further commented that all members of the City Council and staff were invited to this which would begin about 5:30 p.m. (LETTER OF RESIGNATION FROM JIM DAKAN) The Mayor read the following letter received from Jim Dakan: Book 21 Page 272 It is with deep regret that I must resign from the Airport Commission. You know how much support I feel for our airport and how much I think our industrial growth depends upon it's success. I think it will be in the best interest of the City and the airport that I resign because of my financial ties with the new management of the airport. /s/ Tim Dakan The Mayor explained that Mr. Scantlin became involved in the flight program at the airport and since he was in business with Mr. Dakan, he felt that he should resi so there would be no reflection. back on himself or the City. MOVED by Betts, SECONDED by Carter that the City Council accept the resignation of Jim Dakan and that a letter of thanks be sent to him by the Mayor. MOTION CARRIED (DEEDS AND EASEMENTS) The City Engineer stated that there was no deeds or easements to be presented at this meeting. (FIREMEN'S CONTRACT) The Mayor called on Councilman Hopper to discuss the contract with the firemen. Councilman Hopper commented that he was not sure of the procedure to follow at this time; whether the Council was to ratify it at this time or if they were to appraise the Council as to what terms have been agreed upon. The Mayor stated that if the City Council was cognizant of what the contract contains, it could be ratified now if there was no dissention as far as how the agreement was set up. They could then send it over to the Fire Department for their signature. Councilman Raymond pointed out that the effective date was not until October 1st and felt that there was really no hurry. It was also his suggestion that the Council ratify the agreement subject to the firemen signing. Councilman Hopper went over brie the discussed. changes from the existing contract. The sections that were discussed included vacations which were changed to be in line with other City employees, the clothing allowance which was maintained the same, reduction in manpower requirements, the duty schedule, the effective date of the contract was changed to October 1, 1980, and running through September 30, 1981 and in view of that the City would have to cancel the existing contract for the remaining three months of this year, and much discussion ensued with regard to the comp time. It was then MOVED by Raymond, SECONDED by Mallea that the Committee be directed to return the contract to the Firemen's Committee for clarification of the comp time and overtime issue and their signature on the agreement and the contract returned to the City Council for ratification. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Betts and Carter. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED (BILL NO. 2S; AMEND CODE REGARDING MEMBERS ON THE RECREATION COMMISSION) The Mayor informed the Council that the next item on th'e Agenda was a change in the Recreation Commission. This was one requested by the Mayor and was accepted by the Recreation Commission the night before at their meeting. The Mayor read the Bill in full as follows: Book 21 Page 273 AN ORDINANCE TO AMEND TITLE II, CHAPTER 4, SECTIONS 2 AND 3 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING PARKS AND RECREATION COMMISSI(IN BY ADDING CERTAIN LANGUAGE IN SECTION 2 TO PROVIDE FOR TWO MORE MEMBERS AND BY ADDING CERTAIN LANGUAGE IN SECTION 3 AND ADDING 3 (C) TO PROVIDE FOR THEIR TERM; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Title II, Chapter 4, Section 2 of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended as follows: 2 -4 -2: MEMBERS: The Parks and Recreation Commission shall consist of eight -(8) te (10) members who shall be appointed by the Mayor with the consent of the Council, two (2) of which shall be Caldwell Senior High School students and two (2) members of the Council, who shall be ex officio members of the Commission. Section 2. That Title II, Chapter 4, Section 3 of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended as follows: 2 -4 -3: TERMS: The term of office of the respective members of such Commission shall be as follows: (A) The two (2) members appointed from the Council shall serve for a period of two (2) years or until the end of their terms as Council members, whichever occurs first. (B) The- remaining Eight (8) members shall be appointed for a term of four (4) years, except that those who are appointed as the initial Commission members shall serve for a period as follows: 1. Three (3) members shall be appointed for a term of two (2) years, two (2) members for a term of three (3) years, and two (2) members for a term of four (4) years. Thereafter, each appointment shall be for a term of four (4) years. (C) The two (2) studen members, preferably one each gender shall be appoint during the latter part of their Junior year in High Sch ool to serve during the folloLLn& summer and their Senior Year in High School Section 3. That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. The Mayor felt that this would be an opportunity for student input for the Recreation Commission and he would request from the City Council that this ordinance be passed under the first reading as he would like to get it started during the present year. Councilwoman Mallea asked how the students would be selected. The Mayor answered that the students would be selected by the school system. The Superintendent of Schools suggested that the School Board and Superintendent of Schools might select five students and then refer these students to the Commission for selection. The Mayor stated that he would prefer that the School Board select the two students as they would be more knowledgeable in that determination. The Mayor further stated that he felt it would be more reasonable for the Board to select five and then let the students vote on them. This would be up to the school system. The Council discussed the selection of these students at some length. It was determined that the Mayor would recommend their selection to the City Council for approval as was done on other Commissions. It was Councilwoman Mallea's suggestion that a policy be written to control the selection of who would be chosen to serve on the Commission. Also discussed was that these students would have the provision that they could be hired to work for the Recreation Department during the summer months. The Mayor agreed that a Policy would be established as suggested by Councilwoman Mallea for selection of the students. Book 21 Page 274 MOVED by Hopper, SECONDED by Mallea to suspend the rule requiring the reading of a Bill three separate days and that Bill No. 25 be passed on the first reading. Roll call vote. Those voting yes: Hopper, Carter, Betts, Raymond, and Mallea. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED MOVED by Hopper, SECONDED by Mallea that Bill No. 25 be passed and entitled Ordinance No. 1578. Roll call vote. Those voting yes: Hopper, Carter, Betts, Raymonc and Mallea. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED (STATE GRANT RECEIVED FOR AIRPORT) The Mayor reported to the City Council that the City of Caldwell received a State Grant that was applied for on the aprons at the Airport in the amount of $30,000.00. The City will do the ground work and then the asphalt will be paid for through the Grant. (STATUS OF SIDEWALK L.I.D.) The Mayor stated that he was concerned with the article in the newspaper with regard to the possibility of having a sidewalk L.I.D. as it did..not designate that the City was liable to force a downtown L.I.D. for sidewalks. This was the one fact that he wanted the downtown merchants to be aware of; that the Council has the prerogative and the necessity by State Law to force these people to replace their sidewalks by an L.I.D. The Mayor further stated that the City Engineer has been requested to work on,a cost factor with regard to a downtown L.I.D. for sidewalks. Councilman Raymond asked if the Mayor would like for the City Council to give direction to the City Engineer and the City Attorney to prepare an L.I.D. which may have to be forced. This ` would be a motion of intent to create this L.I.D. MOVED by Raymond, SECONDED by hopper. that the Council pass a motion of intent to form a downtown L.I.D. for the purpose of reconstructing defective sidewalks by directing the City Attorney and the Engineering Department to prepare what information was necessary to form the L.I.D. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter, and Betts. Those voting no: none. Absent and not voting: Williams. MOTION CARRIED (RECOMMENDATION FROM THE RECREATION COMMISSION) The Mayor stated that there was a recommendation from the Recreation Commission to appoint Stephanie Knoeller to the Recreation Commissior to replace Lynn Crosett on the Commissionwho has left Caldwell. It was the Mayor's recommendation that the City Council appoint Stephanie Knoeller to the Recreation Commission. MOVED by Hopper, SECONDED by Betts that the City Council accept the recommendation of the Mayor and Recreation Commission to appoint Stephanie Knoeller to the Recreation Commission. MOTION CARRIED (LETTER FROM FEDERAL EMERGENCY MANAGEMENT AGENCY) The Mayor read the following letter: We reviewed your adopted flood plain management Ordinance No. 1569 and found that it is compliant with the federal regulations governing the National Flood Insurance Program (NFIP). Based on our review, Caldwell's eligibility in the program will be continued. Book 21 Page 275 The date of your Flood Insurance Rate Map (FIRM), September 4, 1980, is the effective date on which flood insurance may be sold for actuarial (risk) rates for all new construction and substantial improvements within the community. Structures built prior to the date of your FIRM will continue to be insurable at subsidized rates, unless substantial improvements are made to the structures. The actuarial rate zones applicable to Caldwell are indicated on the FIRM. As discussed in past coordination meetings, the actuarial insurance rate for a structure increases as the first floor elevation decreases. Also, on the effective date of the FIRM, the FIRM supersedes all previous maps for the purpose of determining whether individual properties are located within or outside of flood hazard areas, and, as indicated above, new construction will be charged actuarial rates which will be higher if the construction is not built in compliance with the flood plain management requirements of the NFIP and your ordinance. We hope the effective administration and enforcement of your adopted flood plain management regulations will enable Caldwell to substantially reduce its future flood losses through the wise management of its flood plains. You should keep us advised, through your annual report of any problems associated with the administration of these regulations and of any variances granted for construction not in accordance with the adopted standards. We would like to thank you very much for your cooperation in formulating the ordinance. Please feel free to contact our Insurance and mitigation Division if we can be of any further assistance during implementation. /s/ NEALE V. CHANEY Regional Director. The Mayor said that at this time he would like to appoint by motion Dennis Davis, Building Inspector, as the administrator of the Flood Plain Ordinance. MOVED by Hopper, SECONDED by Mallea that Dennis Davis, Building Inspector, be appointed as the Administrator of the Flood Plain Ordinance. MOTION CARRIED (DISCUSSION REGARDING FENCE - TED VANC:E) The Mayor stated that he would like to read a letter received. He explained that this was the second contact he h.ss had with regard to this and that the first complaint was verbal and this was the first letter received. The letter was as follows: As a tax paying citizen of your City, I feel you owe all of us a clear and prompt answer to this matter. One of our neighbors, Ted Vance, just recently put up a fence on his property. In doing so, he put the fence over an existing sidewalk. The narrow strip he has now is of no use as it is a great safety hazard to anyone walking on it especially if he has cars parked there. There is also a safety hazard if you try to walk around all of this especially if you have youngsters. Cars cannot safely go around that corner and know they are in the clear. If he can tear out a sidewalk and put up a fence like that, then we whom want to fence our property with a sidewalk can do the same. It's bad enough to have that large moose of a camper of his blocking our view. Now he has to put up another obstacle and threaten our lives. You've only ,heard one man's views on this. Now you have heard what the rest of the neighbors who feel threatened to let their names be known for what Mr. Vance may cause them harm. We demand prompt and courteous action. /s/ Citizens of 4th and Denver St. Book 21 Page 276 The Mayor said that the reason he read this letter to the Council was that when he wrote a letter -to Mr. Vance stipulating that he would have to request of the Planning and Zoning Commission a variant if he were allowed to have the :fence remain where it was, he was in error. The Mayor stated that he was corrected on that by Mr. Lewis; the only body that has the right to grant any stipulation of use of that property was the City Council. The Mayor wrote to Mr. Vance again and corrected his statement in the previous letter. The Mayor :Further explained that Mr. Vance did secure a building permit to put in the fence, but he did not adhere to the Code. Mr. Vance tore the sidewalk out and made the sidewalk very narrow and right up against the curb. Right along side of that he put in a chain link fence and on the West side there was no sidewalk at all. The Mayor further commented that he has built the entire fence on the right of way. Due to the fact that Mr. Vance planned to be out of town in the near future, the Mayor and Council agreed that a letter should be written to Mr. Vance to inform him that the Council would have this on the Agenda at the next Regular City Council Meeting on September 16th and that it would be well for him to be present. The City Engineer was recognized and stated that there was some alternatives and he would hope that all members of the City Council would take time to go look at the fence. Mr. Lewis further said. that Mr. Vance really didn't take any sidewalk out so the decision. the Council would have to make would be whether Mr. Vance would be required to replace it or not. There were things that could be done and they should be considered and looked at. Mr. Lewis told the Council that this was located at Fourth and Denver. (DISCUSSION ON PAINTING THE SWIMMING POOL) The Mayor informed the Council that the Chairman of the Recreation Commission came in to tallc to him that morning with regard to painting the swimming pool. The Mayor further informed the Council that the Chairman was told that they did not intend to paint the pool this fall due to bad weather. This concerned the Mayor as all the comments he had heard was the importance of getting it painted this fall to save money. Councilman Hopper and Councilwoman Mallea both indicated that they were told that October was a good time to paint the pool. The Mayor said that he would call George Grant to try to clarify the situation. Council all agreed that they felt that it was determined to go ahead and paint the pool at this time. Also discussed was the purchase of the pool cover. It was decided that this was approved, but they were planning to wait until the new budget year to order it. The Mayor expressed some concern as to who was suppoted to order it and was informed by Council that either Joe Frost or George Grant should write him a note asking the Mayor to order it. The Mayor then stated that he would call the company they planned to purchase this cover from and let them know that the City anticipated ordering this, but that they wanted to be sure of revenue first. There being no further business, Meeting adjourned at 1:20 p.m. APPROVED AS written ^ THIS 17tl, DAY OF Sep tPmher 1980. 914n n/ o u _ 1 'a 1� I� C a'unc Councilman City Cle l