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HomeMy WebLinkAbout1979-10-16city council minutesBook 20 REGULAR MEETING October 16, 1979 7:30 p.m. The Meeting was called to order by Mayor Pasley. Page 324 The Roll of the City Council was called with the following members present: McCluskey, Williams, Raymond., Hopper, and Bauman. Absent: Olesen. (REPORT ON CERTIFICATE OF APPRECIATION FOR TI"IE HIGH SCHOOL) The Mayor stated that he would like to report on the Certificate of Appreciation to the High School. that was discussed at the noon meeting. The Mayor said that he called the Principal of the....__... High School, Gene Moylan, to :find out how to make the certificate out and he recommended that it not be presented this week because of the excitement of homecoming. IIe preferred that an assembly be called later when it would be calmer and more dignified. Mr. Moylan expressed his appreciation to the Council for considering presenting this Certificate to the high School. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by McCluskey to dispense with the reading of the minutes of the October 2, 1979, Regular City Council Meeting and. approve them as written. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (AUDI7NCE PARTICIPATION) The Mayor then asked if there was anyone in the audience who cared to bring anything before the City Council at this time that was not on the prepared Agenda. Dena Gibson was recognized who introduced her Mother, Dora Vail, and also her sister who were present at the meeting with her. She explained that they were all partners in business which was a Day Care Center at 405 West Hazel. She further said that in July they came into the office of the City Engineer and received permission from Mrs. Robison to open up this Day Care Center. Mrs. Robison asked them at the time how many children they planned to have and they told her between twenty and thirty children which Mrs. Robison did not state was not allowed as a Home Occupation. Pars. Gibson further said that they did go up and down Hazel Street and had the people sign a petition giving their permission for the Day Care Center. They then checked with Mrs. Robison the next day and gave her the list of the names and asked her again if it was alright and she did not state any drawbacks as to it being Home Occupation. In September, they asked. the Fire Chief to come out and inspect the dwelling and he told them at that time that they needed to make some changes. They then haired. a carpenter to come in and make the few changes. The Tire Chief called them later in that same week and tole them that they must check back with the City Engineer's Office because of th.e zoning problem. When they did check with the Engineering Department, they were told that the Day Care Center could not be allowed. This was three months after they had received approval for the Center. She further explained that they asked for permission in the first place because they planned . to buy a home which they did not buy until after receiving permission. Now, they felt that they were out the home expense, plus $10,000.00 or more to set up the business in the home, plus the expense of the carpenter. Mrs. Gibson also commented that the City Engineer told them that they could possibly be granted a special permit to have the Day Care Center and that was what they were askint for now. She felt that the City of Caldwell had a great need for Day Care Centers parti'_cularly with qualified people. The Mayor thanked her for the presentation and then asked if there was anyone else who cared to speak with regard to the Day Care Centex Book 20 Page 325 The Mayor further commented that this would not be an argumentative issue, but they would hear any other comments and then the Council would make their statements. Dora Vail was recognized and said that they were happy to find the house as it has seven rooms on the basement floor so they now have the entire seven rooms fixed up for a Day Care Center. She further stated that it was a good location with a nice back yard and they have out every cent they possibly could into fixing it up. The Mayor then read to them what the Code describes as Home Occupation: "Any gainful occupation engaged in by an occupant of a dwelling unit including handicrafts, dress making, millinery, laundry, preserving, office of a clergyman, teaching of music, dancing, and other instruction and other like occupancies which meet all of the following conditions: (1) The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. (2) The use is conducted entirely within the swelling and is not carried on by the inhabitants thereof. (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises. (4) The use does not change the character of the dwelling or adversely effect uses permitted in the zoning district. (5) The use requires no additional off street parking space. (6) No persons or employees other than those necessary for domestic purposes. (7) Not more than one - fourth of the gross area of one floor of said dwelling is used for such purpose." The Mayor further stated that it was the duty of anyone who wishes to go into a Home Dwelling Occupation to find out what the Code is. He pointed out that Mrs. Robison was the Secretary for - the City Engineer and as such acts in an advisory capacity for :informational purposes and has no authority to say one way or the other what is legal and what is not legal. The zoning, which is R -1, clearly excludes Day Care Centers. The Mayor then asked if there was any member of the City Council who wished to make a comment. Councilwoman Bauman was recognized and said that it was very unfortunate that there was a misunderstanding as she believed this was totally what it was. She further commented that she knew that Mrs. Robison knew what the rules were because she typed all of them and was involved in the rules from the start and attends all of the Planning and Zoning Commission meetings. Councilwoman Bauman stated that she felt certain -that Mrs. Robison completely misunderstood the number of people that would be employed and also the number of children they planned to have. She also pointed out that in the letter of petition there was no mention of how many children they intended to include in the Center. She would conclude from this that those people who were contacted did not realize the number of children they planned - to have. The Fire Chief was recognized and stated that when he first went out there he talked with Mrs. Gibson and asked her if she had permission from the City. She told him that she did and when he asked who it was that gave the approval she said that it was a lady at City Hall. I-Ie then informed her that the zoning did not permit the Day Care Center. She then asked for an inspection and he told her that he could not =inspect anything that was illegal against the zoning. She then questioned as to what she would have to do to bring it up to the Code as she still insisted she had permission for the Day Care Center in the zoning. He then gave her a list of those things that would have to be done if it was to open, but he did not tell her to go ahead and do them. He still told her that she would have to get the approval from the City Hall. The Fire Chief said that he never did really make the inspection. Councilwoman Williams asked if they had secured a building permit for the remodeling of the home. The City Engineer said that he was told that most of the remodeling was in the form of furniture although they did have to have fire doors and they did do everything that the Fire Chief had on the list. It was all interior remodeling and it was his understanding that there was nothing done structurally which would require the permit. Book 20 Page 326 Councilman Raymond was recognized and said that he contacted one of the signers of the petition that was circulated on the block involved to see if they understood what the intended purpose was and the number of children that might be involved. The particular person that he talked. to had no knowledge of any numbers involved. Councilman McCluskey informed Mrs. Gibson that the Council had looked into this situation very thoroughly and it was in direct violation of the Code and he could not see where they had any choice whatsoever to do anything but to deny any variance. MOVED by McCluskey, SECONDED by Hopper that the City of Caldwell deny any request for a. variance as requested by Dena Gibson for a Day Care Center. Councilman Hopper commented that the Council could not violate the law; the law was on the books and they have to abide by the law. If the law was not right, then that issue could be addressed. The City Engineer stated he would like to clarify one point which was that a special permit was issued by the Planning and Zoning Commission after the Code was so determined. that a special permit could be issued. IIe did not say that a special permit could be issued, but that the zoning could be changed so that a special permit could be issued'.. It was a. long process and no certainty that this change would be forthcoming. If the change was made, it could be possible by special permit. The Mayor then asked for a roll call vote on the motion. Those voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED The Mayor then informed Mrs, Gibson that he was sorry but the request was denied. (ADDITIONS TO TIIE AGENDA) The Mayor said that he had two requests of the City Council to add to the prepared Agenda. The first was an Ordinance of Intent to Sell, Trade, or Lease the old Jefferson Junior. High. School. The second was to approve the Recreation Board's recommendation to hire George Grant starting November 1, 1979, at a salary of $300.00 a month to conduct the fall. and winter recreation programs. MOVED by McCluskey, SECONDED by Raymond that those items as requested by the Mayor be added. to the prepared Agenda. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (BILL NO. 32; ORDINANCE; NO. 1548; INTENT TO SELL, LEASE, OR TRADE THE OLD JEFFERSON JUNIOR HIGH SCHOOL) The Mayor read Bill No. 32 by title only as follows: AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, THAT THE MAYOR AND CITY COUNCIL INTEND TO SELL, LEASE, OR TRADE THE FOLLOWING DESCRIBED REAL PROPERTY OWNED BY TIIE CITY OF CALDW LL, CANYON COUNTY, IDAHO; AND WHICH SAID PROPER'T'Y IS SITUATED IN CANYON COUNTY, IDAHO; TIIAT SAID SALE, LEASE, OR TRADE IS MADE UNDER TIIE PROVISIONS OF TITLE 50, CHAPTER 14, IDAHO CODE; THAT SAID SALE, LEASE, OR TRADE OF SAID PROPERTY SHALL BE AT PUBLIC AUCTION AND SHAI.,L BE SOLD, LEASED, OR TRADED TO TIIE HIGHEST BIDDER AND THAT NO BID SHALL BE ACCEPTED FOR LESS THAN THE APPRAISED VALUE; SAID PROPERTY BEING DESCRIBED AS FOLLOWS, TO [FIT: Book 20 Page 327 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and Fractional Lots 23 and 24, all in Block. 35 DORMANS ADDITION to Caldwell, Idaho, according to the Plat of said Addition filed July 22, 1891 in Book 1 of Plats at Page 19, in the office of the County Recorder, Canyon County Recorder, Canyon County, Idaho, and; All of Fractional Block 17 FAIR ACRES, Caldwell, Idaho, according to the Plat thereof filed August 28, 1903 in Book 1 of Plats at Page 33, in the office of the County Recorder, Canyon County, Idaho. The Mayor explained that this was the old Jefferson Junior High School property between Dearborn Street and Everett Street and Eleventh Street and Twelfth Street. The Mayor explained that there will have to be a Public Hearing held sixty days after the Ordinance is passed. There will be an advertisement for the Public Hearing after the sixty days to get input into the sale, trade, or lease of this property. The City Engineer was recognized and stated that he would like to inform the City Council that there was a sewer line through this property under the building. He did not want them to get in difficulty later by giving the property away without some reservation as to what will be done with regard to this. He requested that this problem be recorded in the minutes. MOVED by McCluskey, SECONDED by Williams to suspend the rule requiring the reading of a bill three separate days and that Bill No. 32 be read the second time by title and the third time in full, section by section. Councilwoman Bauman asked if it was possible that if someone wanted to buy only a portion of it, would the City be able to retain the property that the City felt was valuable. The Mayor assured her that this would not preclude that and could be determined later. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, and hopper. Those voting no: Bauman. Absent and not voting: Olesen. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by McCluskey, SECONDED by Williams that Bill No. 32 be passed and entitled Ordinance No. 1548. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (APPROVAL OF RECOWMENDATION BY RECREATION BOARD REGARDING GEORGE GRANT) The second item added to the Agenda was regarding the recommendation of the Recreation Board that George Grant be hired at a salary of $300.00 a month effective November lst to conduct the fall and winter recreation programs. It was the Mayor's recommendation that the City Council approve this action. MOVED by Hopper, SECONDED by Raymond that approval be given as recommended by the Mayor for the hiring of George Grant at a salary of $300.00 per month effective November 1st to conduct the fall and winter recreation program as requested by the Recreation Board. Roll call vote. Those voting yes: Hopper, Bauman, McCluskey, Williams, and Raymond. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED Book 20 NEW BUSINESS Pace 328 (PUBLIC HEARING FOR VACATION OF SMALL PIECES OF PROPERTY FOR GLEN L. EVANS CO.) The Mayor stated that the first item on the Agenda under New Business was a Public Hearing for the vacation of small pieces of property for Glen L. Evans Co. IIe then called on the City Engineer to explain this. Mr. Lewis was recognized and stated. that not many years ago a building was built behind the main building of the Glen Evans Co. This building projects out into Garber Street on the South and to Evans Street on the North. On the South, it was a matter of about a foot and a. half and on the North it was a matter of about four inches. To clear the title, this vacation -' was needed and it was his recommendation that it be approved. The Mayor then declared the meeting open for a public hearing and asked if there was anyone who cared to address this vacation. Since there was no one, the Mayor declared the public hearing closed, (BILL N0. 31; ORDINANCE NO. 1547; VACATION OF SMALL PIECES OF PROPERTY FOR GLEN L. EVANS CO.) The Mayor then read the Bill by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: The Mayor recommended passing this Bill under suspension of the rules because Glen Evans was behind their time schedule in the sale of this property and need the vacation to complete the transaction. MOVED by Mccluskey, S:CONDED by Williams to suspend the rule requiring the reading of a bill three separate days and that Bill No. 31 be read the second time by title and. the third time in full, section by section. Roll call vote. Those voting yes: McCluskey, Williams, Raymond. Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by McCluskey, SECONDED by Williams that Bill No. 31 be passed and entitled. Ordinance No. 1547. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, I- Iopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (RESOLUTION NO. 61 -79; AGREEMENT WITH CHEMSEAL, INC.) The next item was a Resolution which was read. in full by the Mayor as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND CI-IEMSEAL, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be and the same hereby are, authorized to execute that certain. contract agreement attached hereto and made a part hereof as if set forth in full between the City of Caldwell and Chemseal, Inc., in the amount of $20,98S.74 for the purpose of Rehabilitation of the Kit Avenue Sewer Interceptor Project. This Agreement will be pending authorization from the Environmental Protection Agency. Book 20 Page 329 The Mayor explained that Chemseal had the low bid on this project and the City Engineer did talk with E.P.A. in Seattle today and got clearance. MOVED by Raymond, SECONDED by Bauman that Resolution No. 61 -79 be passed authorizing the execution of the agreement with Chemseal, Inc. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, and Williams. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (RESOLUTION NO. 60 -79; AGREEMENT WITH VALLEY UTILITIES, INC.) The Mayor read Resolution No. 60 -79 in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND VALLEY UTILITIES, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain contract agreement attached hereto and made a part hereof as if set forth in full between the City of Caldwell and Valley Utilities, Inc., in the amount of $324,785.00 for the purpose of the Second Avenue - Belmont Interceptor pending authorization from the Environmental Protection Agency. The Mayor again explained that the City Engineer did get the authorization from the E.P.A. MOVED by McCluskey, SECONDED by Williams that Resolution No. 60 -79 be passed authorizing the execution of the Agreement with Valley Utilities. Roll call vote. Those! voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (RESOLUTION NO. 59 -79; AGREEMENT WITH VALLEY INLAND PACIFIC CONSTRUCTION, INC.) The Mayor read Resolution No. 59 -79 in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERIC OF THE CITY OF CALDWELL TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND VALLEY INLAND PACIFIC CONSTRUCTION, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain contract agreement attached hereto and made a part hereof as if set forth in full between the City of Caldwell and Valley Inland Pacific Construction, Inc., in the amount of $2,929,912.00 for the purpose of expansion of the Waste Water Treatment Plant pending authorization from the Environmental Protection Agency. The Mayor informed the City Council that the City Engineer did not get this authorization. today, but the Resolution should be passed at this meeting pendirGg authorization. MOVED by Williams, SECONDED by Bauman that Resolution No. 59 -79 be passed authorizing the execution of the agreement with Valley Inland Pacific Construction, Inc., pending authorization being received by the Engineering Department from the Environmental Protection Agency. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED Book 20 Page 330 (RESOLUTION NO. 62 -79; AUTHORIZE EXECUTION OF CITY STREET FINANCE REPORT) Resolution No. 62 -79 was read in full by the Mayor as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF TIIE CITY OF CALDWELL, IDAHO, TO EXECUTE TIIE CITY STREET FINANCE REPORT FOR TIIE CITY OF CALDWELL. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain City Street Finance Report attached hereto and made a part hereof as if set forth in full accordance with Idaho Code 40 -137. All members of the City Council received copies of this report which. must be published as stipulated by law. MOVED by Williams, SECONDED by McCluskey that Resolution No. 62 -79 be passed authorizing; the execution of the City Street Finance Report. Roll call vote. Those: voting yes: Williams, Raymond, Hopper, Bauman, and McCluskey,. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (REQUEST TO BID ON FRONT END LOADER FOR STREET DEPARTMENT) The Mayor informed the City Council that the City Engineer has authorized a request to issue invitations to bid on a two yard. front end loader for the Street Department and was seeking City Council approval. The Mayor further commented that those people involved feel that the equipment by John Deere or Western Equipment which was Caterpillar, are the two best pieces of equipment. MOVED by McCluskey, SECONDED by hopper that the City Engineer be authorized to issue the invitations to bid based on `— specifications as needed. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, IIopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (REQUEST TO ISSUE INVITATIONS TO I3ID ON SPRINKLER SYSTEM AND PUMP STATION FOR PURPLE SAGE GOLF COURSE) The Mayor stated that he had a request to issue invitations to bid on a sprinkler system and pump station for the Purple Sage Golf Course. He read the letter of request as follows: This letter is written to request permission from the City Council to put out bids on an automatic sprinkler system and pumping station at Purple Sage Golf Course. Also, the Board would like the aid and assistance of the City Engineer on specifications. /s/ Clarence Cook Chairman of the Caldwell Golf Board MOVED by McCluskey, SECONDED by Raymond that if`it was acceptable,_ to the City Engineer, approval be given for this request to issue invitations for bids for the sprinkler system and pumping station at Purple Sage Golf Course. Councilwoman Bauman was recognized and said that she would also like for the City Engineer to look at the outline of where the sprinklers were going to be placed.. She further stated that she :Celt that Mr. Lewis would be very upset when he sees some of the features of the Purple Sage Golf Course as she felt it was not in. thf best condition. She said that she felt that when they lay the Book 20 Page 331 sprinkler lines there may have to be some maintenance work done. The City Engineer stated that he already had a list of items that needed to be worked on and he was afraid that this project would probably be about fifth on the list. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (RESOLUTION NO. 63 -79; ACCEPT GRANT FROM ENVIRONMENTAL PROTECTION AGENCY) The Mayor read Resolution No. 63 -79 in full as follows: RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY AND AUTHORIZE EXECUTION BY THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL. BE IT RESOLVED That the City of Caldwell accept the Grant offer from the Environmental Protection Agency for the expansion of the Sewer Treatment Plant in the amount of $2,463,999.00 and that the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Grant attached hereto and made a part hereof as if set forth in full between the City of Caldwell and the Environmental Agency. MOVED by McCluskey, SECONDED by Hopper that Resolution No. 63 -79 be passed authorizing the execution of the grant offer from the Environmental Protection Agency. Roll call vote. Those voting yes: McCluskey, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (DEEDS AND EASEMENTS) The City Engineer reported that there was no deeds or easements to present at this time. (FINANCIAL REPORT) The Mayor called on Councilwoman Williams to present the financial report. Councilwoman Williams stated that there was warrants, both pre - written and regular requests, totalling $219,494.13 and a payroll of $154, 262.98. MOVED by Williams, SECONDED by McCluskey that warrants be issued for the Requests for Payment and the Requests for Payment be filed in the City Clerk's Office. The Mayor asked Councilwoman Williams if she would state how much of the payroll figure was payroll and how much was fringe benefits. Councilwoman Williams then stated that the payroll was $128,363.00 and the fringe benefits were $25,899.00. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams said that she would like to again stress that next Monday afternoon at 4:00 was the Finance Meeting and she felt it was a very important meeting as it was the end of the fiscal year. She further commented that the City came out beautifully and that all of the Department Heads should be commended for Book 20 Page 332 holding down the expenses. She then asked that they all be at this meeting as there was a lot to talk about. Councilman. McCluskey said that he had no reports. Councilwoman Bauman stated that the Council must have a workshop as there was several things that need to be discussed. She further informed the Council that the Historical Preservation Commission met and it was a complete fiasco. Part of the people want to be put on Historic Preservation and others do not want to be which resulted in the whole thing being a state of confusion. Councilman Hopper and Councilman Raymond did not have any reports to make. There being no further business, the meeting was adjourned at 8:20 p.m. APPROVED AS written THIS 5th DAY OF November , 1979. r1 ATTEST: Al-- City Cl - .