Loading...
HomeMy WebLinkAbout1976-09-21city council minutesBook. 17 Page 194 REGULAR MEETING September 21, 1976 7:30 P.M. The Meeting was called to order by Mayor Pasley. The Roll of the City Council was called with the following members present: McCloskey, Olesen, Williams, Raymond, Banks., and Bauman. Absent: none. (APPROVAL OF MINUTES), MOVED by Banks, SECONDED by McCluskey to dispense with the reading of the minutes of the September 7, 1976, Regular Meeting and approve as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor recognized Marjorie Macy who commented that due to the fact that there has been so many garage sales around the City of Caldwell lately there seemed to be a great number of signs advertising such sales posted on fence posts, telephone poles, power poles and sign posts. She felt that this was unsightly and since there was an ordinance forbidding posting advertisements on posts and poles, she suggested that something should be done about it. Some discussion followed Mrs. Macy`s comments. The City Attorney stated that it was illegal and improper to do this. He also commented that it was not confined-to garage sales, but that people campaigning for office were also posting signs illegally. The City Attorney suggested that. the Police Department be instructed to take any signs that were placed in improper places down. Councilman Banks stated that he felt that to pass an ordinance requiring people to obtain a permit for a garage sale was making more work for the office staff. Councilman McCluskey also mentioned that there seemed to be enough ordinances .at the present time restricting people and he felt one more for garage sales permits was too much. The Mayor stated that he would discuss this problem with the Police Department. The Mayor then recognized Ives Jones who said that he would like to read a letter addressed to the City of Caldwell from the Retail Merchants Association and the Caldwell Chamber of Commerce regarding the improvements of Caldwell's streets. Mr. Jones read the letter as follows: The Retail Merchants Association (32 members strong) and the Caldwell Chamber of Commerce (277 members strong) take this opportunity to express their sincere appreciation for the one hundred blocks of seal coating street improvement for the 1976 year. It has been a pleasure to work with the city on this project and others during the past two years. /s/ Ives Jones- Retail Merchants Assn. and Chamber Director /s/ Helen McKinney, Executive Vice President, Caldwell Chamber of Commerce Book 17 OLD BUSINESS Page 195 (SECOND READING OF BILL NO. 28 - COUNCILMEN RESIGNING FROM OFFICE) Councilman Banks read the Title of Bill No. 28 as follows making it the second reading for this particular Bill. AN ORDINANCE TO AMEND SECTION 3, CHAPTER 5, TITLE I OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON STATE OF IDAHO, TO PR.OVIDE:THAT A COUNCILMAN SHALL RESIGN HIS OFFICE UPON FILING PETITION FOR NOMINATION TO OFFICE OF THE MAYOR: AND PROVIDING THIS ORDINANCE TO TAKE AFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Councilman Raymond stated that he would like to ask the City Attorney if this would be a legal requirement according to the State Law. The City Attorney said that he had looked into this question and he felt that it was a legal requirement, but that there might be some question as to whether it would apply to this City Council as they were elected under a different Code. Jim Dakan was then recognized by the Mayor. Mr. Dakan said that he would like to commend the City Council and the Street Department for the paving done on the roads at the Canyon Hill Cemetery. He stated that the comments received from the people using the roads up there were most favorable. He had hoped to be at!the beginning of the Meeting for the audience participation, but was late so wanted to make his comments at this time. (LETTER FROM DON HORAN REGARDING STREET CONSTRUCTION) Mr. Horan, Finance Director, read a letter addressed to the Mayor and City Council as follows: As you are aware, the City has had an extensive program regarding downtown street repaving. The City's construction crew is fairly new on the job with several exceptions. For the past three days, Kimball Street has been under resurfacing. Today's project was Kimball Street between Blaine and Cleveland. The block was completely redone in less than four hours and open for traffic by 12:40 P.M. The following individuals, in addition to the Street Superintendent, worked on the project: Bob Hall Charlie White Eugene White Kurt Brunmeier Kirk Bales Duane King Ron Carnel Steve Engelbur I would personally recommend that the Mayor and the City Council congratulate these individuals on a project well done and further to mention the professionalism that went into the project. I would like to see this memo as a minute entry and a copy of same to be placed in each individual's personnel file. It is this type of work that enhances the City of Caldwell's image and I am sure that we are very proud to have this caliber of employee. MOVED by Banks, SECONDED by Olesen that this memo be made a lioolt 1/ Page 196 minute entry and a copy of same be placed in each individual's personnel file. MOTION CARRIED (LETTER FROM CHAMBER OF COMMERCE) The Mayor read to the City Council a letter received from the Chamber of Commerce inviting the Council and Mayor to their annual meeting to be held October 4, 1976, at the Simplot Dining Hall at the College of Idaho. Jim Boran was to be the speaker. (REPORT REGARDING ROARK LAWSUIT) The Mayor stated that he wanted to report on what has happened in court regarding the Roark lawsuit. This was concerning three blocks adjacent to the old airport which the City of Caldwell took by condemnation several years ago and which was a subject of a suit by Mr. and Mrs. Roark to regain title. The Judge ruled in favor of the summary judgment on the part of the City and denied a motion to amend the judgment. The R:oarks filed a motion to amend the second judgment. Toth complaints were won by the City of Caldwell due to very fine briefs presented by the City Attorney. NEW BUSINESS (POLICY FOR TERMINATED EMPLOYEES) Don Horan, Finance Director, presented this Policy for the City Council'a consideration as follows: RENUMERATION - DISCHARGED EMPLOYEE 1. Permanent Employee Discharged for Cause: Any permanent employee who is discharged for "cause" shall be reimbursed through his or her last day of employment plus any and.all annual leave accumulating through that date. 2. Permanent Employee Discharged for lack of work shall be reimbursed through his or her last day of employment plus any and all annual leave accumulated through that date, plus ten days separation pay. Definition of Cause: For reason other than lack of work. MOVED by Williams, SECONDED by McCloskey that this Policy regarding terminated employees be accepted. MOTION CARRIED (BID RESULT FOR USED POLICE CARS) The Finance Director reported the result of the bids for the used police cars as follows: Results of Bids - 'Used Police Cars Namely - 2 (Two) 1974 Ford Custom Sedans 1 (One) 1960 Pontiac four door stationwagon ]aids were opened at 2:00 P.M. September 16, 1976, for the sale of the above listed vehicles. The following bids were received: Book 17 Page 197 Mark Talley $600.00 for all three vehicles R. T. McIntyre $550.00 for one of the 1974 Ford Custom Sedans It is the recommendation of the Finance Director that the City of Caldwell accept the bid of $550.00 for one of the 1974 Ford Custom sedans, refuse the bid of Mark Talley and reopen the bid for the two remaining units. The Finance Director respectfully requests the motion to that and we will then readvertise the item. /s/ Don Horan MOVED by Olesen, SECONDED by McCluskey that the City of Caldwell accept the bid of $550.00 for one of the 1974 Ford Custom sedans, refuse the bid of Mark Talley and reopen the bid for the two remaining units. MOTION CARRIED (BID OPENING - NORTH ILLINOIS PROJECT) Mr. Lewis, the City Engineer, opened Illinois project as follows: 1. Ray Kenney Total bid: 2. J. M. Hess Total bid: 3. Boise Paving Total bid: 4. Nelson Deppe Total bid: the bids for the North $132,879.00 $106,260.80 $ 97,626.48 $117,646.45 MOVED by Williams, SECONDED by McCluskey that these bids be taken under advisement by the City Engineer and the Finance Director and they will report back to the City Council. MOTION CARRIED (PRELIMINARY PLATS HAZELWOOD TOWNHOUSES SYLVAN MANOR) The City Engineer presented the preliminary plats to the City Council for their consideration. The first plat was the Hazelwood Townhouse Subdivision. Mr. Lewis explained that the developer planned to plat this area for a.:condominium type of development. The present Subdivision Ordinance does include this type of development, but the Zoning Ordinance does not include this kind of development. It was the Planning Commission 's recommendation that the Plat be approved subjectt "`to the standards being met for the Subdivision Ordinance and that the Zoning Ordinance be changed to accommodate the platting procedures and both would be subject to normal townhouse standards through a special permit. MOVED by Olesen, SECONDED by McCluskey that the Preliminary Plat for Hazelwood Townhouses be approved subject to the conditions set forth by the City Engineer. MOTION CARRIED The second Preliminary Plat was for Sylvan Manor. Mr. Lewis stated that the Planning Commission reviewed this Plat and found that it complied with the Subdivision Ordinance and they recommended approval. MOVED by Banks, SECONDED by McCluskey that the Preliminary Plat for Sylvan Manor be approved. MOTION CARRIED Book 17 Page 198 (POLICY ON SEWER CLAIMS SUBMITTED. TO CITY) Mr. Horan, Finance Director,;stated that he would like to preface the policy itself with an explanation. Mr. Horan stated that he had taken the liberty of putting a deductable on the miscellaneous property damage for liability coverage which brought about a $1,500 savings on the.premium:- In making the budget next year, Mr. Horan stated that he was .going to recommend to the City Council that the City of Caldwell match that amount of money as a reserve for future claims. Those claims which are not legally-payable by the insurance company would come up before a Board of Review which would determine:if the City should pay the damages. Mr. Horan further explained that several claims have been denied by the insurance company that were really not the fault of the City, but again it was not the fault of the property owners either. Mr. Horan felt that the City had a moral obligation in these cases. He then read the Policy as follows: SEWER DAMAGE CLAIMS BOARD OF REVIEW There shall be established a Board of Review for the express purpose of determining the validity of any and all sewer claims against the City of Caldwell. The aforementioned Board shall consist of the following individuals: 1) City Engineer 2) Sewer Plant Superintendent 3) Finance Director 4) City Council Member There shall further be established a procedure code originated by the aforementioned board for approval by the Mayor and Council. Upon approval of said procedure code, same shall become as part of Policy -- P-6, and any changes in the code shall necessitate approval by the Mayor and Council and further necessitate a change in "effective date" of Policy No. P -6. Some discussion followed the reading of %the Policy. The City Attorney suggested that the Policy be broadened to include all miscellaneous property damages and that he be included on the Board. MOVED by Olesen, SECONDED by McCluskey that approval be given for the adoption of this Policy with the addition of the City Attorney as a member of the Board and that two City Council members be on the Board instead of just one and that it also be broadened to all miscellaneous property damage. MOTION CARRIED The Mayor said that he would consult with the City Council President and name the two members from the City Council to the Board. (APPOINTMENTS TO THE BEAUTIFICATION COMMISSION) The Mayor stated that the Beautification Commission had recommended two appointments to the Commission. Bob Gerdes was to replace Charlene Matheson and Alma Bell to replace Jackie Brooks. MOVED by Raymond, SECONDED by Bauman that these two appointments recommended by the Beautification Commission be approved. MOTION CARRIED Book 17 Page 199 (BYLAWS OF SENIOR CITIZEN CENTER) The Finance Director asked permission to present the Bylaws for the Senior Citizen Center to the City Council at this time although it was not on the Agenda. Councilman Olesen stated that he would prefer having an opportunity to read the Bylaws first. Mr. Horan stated that he would give copies to each of the members of the City Council for them to review before the next Council Meeting and have the Bylaws on the Agenda for the next Regular City Council Meeting.` (FINANCIAL STATEMENT) Councilwoman Williams reported that there was claims in the amount of $345,677.23. She explained that one of the reasons it was so high was due to the payment made of $107,348.37 to pay off the mortgage for the Simplot Stadium Complex. Also, $57,000 was for construction. The payroll total was $104,735.42. MOVED by Williams, SECONDED by McCluskey that approval be given for warrants to be issued and for the payroll. MOTION CARRIED (DECISION ON PLAN FOR REMODELING OLD JEFFERSON JUNIOR HIGH) The Mayor explained that there was four plans submitted for remodeling Jefferson Junior High School. They were as follows: (1) G. J. Sprute and Co. (2) Ron Myers (3) Keys, Olson, and Ensley, and (4) Ellert Kliess Brown and Association. At the City Council luncheon, the members of the City Council had decided on some ground rules for voting on who would be awarded the prize. It would take a vote of four to award the prize. If no plan gets the four votes on the first ballot, the Council will throw out the low one or two and vote on the remaining. The Mayor will not cast a vote on the first ballot. The vote would be conducted by secret ballot. The Mayor then requested that the City Clerk collect the votes and the Finance Director was to tally the votes. Number one received five of the six votes which was G. J. Sprute and Co. MOVED by McCluskey, SECONDED by Olesen that authorization be given for payment of the $1,000 prize to G. J. Sprute and'''Co. MOTION CARRIED (APPLICATION FOR GRANT FOR REMODELING OF JEFFERSON JUNIOR HIGH SCHOOL) Councilman McCluskey gave a report as to -what had been discussed by the Committee assigned to study the remodeling of old Jefferson Junior High School. It was felt that it should be a joint effort with the City Hall, Police Department, and the Salvation Army. Bob Taisey of Ida -Ore Development Council was present at their - meeting last week and assured the Committee that there was money available in public works monies. There was to be three million available. Ida -Ore suggested that the City of Caldwell apply immediately for this money for Jefferson Junior High School as he felt there was a good chance for Caldwell to be granted these funds. They were willing to assume the responsibility of making out the paper work. MOVED by Banks, SECONDED by McCluskey that Ida --Ore be requested to complete the papers for funds necessary to remodel Jefferson Junior High for a City Complex. MOTION CARRIED Some discussion followed regarding the Public Hearings that should Book 17 Page 200: be held in relation to this Grant Application. The City Attorney made the suggestion that the Mayor contact Ida -Ore and ask them what the procedure was regarding the Public Hearings. MOVED by Raymond, SECONDED by McCluskey that the Mayor be directed to contact Ida -Ore regarding the Public Hearings necessary in connection with the Grant Application,and,,the hearings to be set accordingly. MOTION CARRIED (EASEMENT - FRED F. COLLEY AND A. PEARL COLLEY) Mr. Lewis, the City Engineer, had one easement to the City of Caldwell from Fred F. and A. Pearl Colley for the purpose of constructing drainage facilities, including,storm sewers, drainlines or drain ditches with,the necessary.appurtenances thereto,. This was located on Elm Street. MOVED by.Banks, SECONDED by Raymond that the easement be accepted and the Clerk instructed to record the easement. MOTION CARRIED There „being no further business, the Meeting was adjourned at 8:45 P.M. APPROVED AS written THIS 5th _ DAY OF _ October , 1976. City Clerk ATTEST: