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HomeMy WebLinkAbout1976-11-02city council minutesBook 17 REG'U'LAR MEETING November 2, 1976 7:30 P.M. The Meeting was called to order by Mayor Pasley. Page 222 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Absent: none'. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Olesen to dispense with the reading of the minutes of the October 19, 1976, Regular Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor recognized the presence of Dean Dishman and Joe Gamboa in the audience. The Mayor stated that he would like to take some time during the audience participation. He then asked for Dean Dishman to come forward.' The Mayor then presented Mr. Dishman with a plaque that was inscribed with appreciation from the City Council and citizens of Caldwell for his time, effort, and leadership contributed towards the construction of the new Airport. The Mayor said that it was a pleasure to present the award to Dean Dishman. Mr. Dufur was then recognized and congratulated Mr. Dishman. OLD BUSINESS (DISCUSSION REGARDING TREE ORDINANCE) The Mayor stated that a letter was received from the City Attorney regarding the proposed Tree Ordinance. The Mayor read this letter as follows: The Council and Beautification Commission met and it was determined to modify the existing tree ordinance rather than adopt a totally new ordinance. This conclusion was not unanimous. In addition, the specific modification was not agreed upon. For these reasons I will include the changes which .I understand will meet with Council approval. I recommend that the next reading of the existing proposed ordinance not be made at this time. Next, I suggest that Council approval of the specific amendments to our existing ordinance be secured. This may require an additional meeting. I will then draft the changes in ordinance form. 8 -2 -2: (1) Add provision for removal of diseased underbrush bush and stumps. (2) Remove City Engineer from enforcing official. (3) Alter publication of notice requirement to be (a) Written to record title holder (b) Person in possession Book 17 Page 223 8 -2 -3: (1) Add removal of diseased trees in procedure. (2) Change enforcing official from Engineer to Park Superintendent. 8 -2 -4: (1) Remove Engineer (2) Delete fire limits 8 -2 -9: Make provision for zoning of trees with positive statement of acceptable trees. 8 -2 -11: Define treatment of infected trees to be either removal or treatment. 8 -2 -12: (1) Procedure for city to destroy - - make same as 8 -2 -3. - (2) Change Engineer to Park Superintendent. 8 -2 -13: (1) Change procedure on costs to 8 -2 -3. (2) Eliminate Engineer. 8 -2 -14: Make provision for city removal rather than property owner in cases of financial hardship. General Consideration - (1) Separate dutch elm ordinance from tree ordinance. (2) Make provision for mandatory replanting - conflict exists on this provision between Beautification Commission and Administration - needs to be resolved. Some discussion followed the reading of this letter. The Mayor again emphasized that time was of the essence because this was the ideal time of the year to take down the trees. The Finance Director has been in contact with several people already who are most agreeable to working with the City to have the trees removed. The Mayor told the City Attorney that as soon as he could get the Ordinance put together, a meeting would be set and the work could begin. (PROPOSAL, ON CHILD CARE HOMES) The Mayor informed the City. Council that it was only this afternoon that the City Attorney was able to meet with someone from the State Health and Welfare Office. The lady that he met with today had a different perspective regarding the situation than the one previously visited with The City Attorney reported that the people the State regulated really didn't cause the City any problem. It was the others who were not regulated by the State that needed the City attention. There would have to be some kind of regulations regarding these people who were in the category of five to ten and over ten persons in the home. It was the recommendation of the City Attorney that this problem be turned over to the Planning and Zoning Commission for their consideration. It was really a zoning problem. The Attorney hoped that an appropriate permit system in residential and, if necessary, in commercial or industrial zones for allowing these day care homes to be regulated by the City. A recommendation would be acquired from the Planning and Zoning Commission and brought back to the City Council to be compiled in an ordinance type form. The City Council agreed to this recommendation made by the City Attorney. Mr. Tunnicliff would take this problem directly to the Planning and Zoning Commission to originate the regulations. (REPORT OF APPRAISER ON AIRPORT AND SUNSET STREET PROPERTIES) The Mayor stated that there was no reports regarding these Book 17 Page 224 properties due to the fact that the appraisers had not done the work as yet. (BILL NO. 32 - ORDINANCE NO. 1400 - SALE OF BEER OR WHISKEY) The Mayor explained that at the last City Council Meeting Councilwoman Williams requested that the City Attorney draft an Ordinance regarding the sale of beer and whiskey on City property. The Mayor then read the proposed Ordinance as follows: AN ORDINANCE REPEALING SECTION 4 -7 -11 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, RELATING TO SALE OF BEER OR OTHER INTOXICATING LIQUOR OR POSSESSION OF THE SAME ON CITY PROPERTY; PRO- VIDING EFFECTIVE DATE; REPEALING ALL LAWS INCONSISTENT HEREWITH. Councilwoman Williams stated that she would be the sponsor of this Ordinance. MOVED by Williams, SECONDED by McCloskey to suspend the rules 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. The Mayor called for a roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Williams, SECONDED BY McCluskey that Bill No. 32 be passed and entitled Ordinance No. 1400. The Mayor called for a roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PROPOSAL FOR CHANGE IN CITY COUNCIL MEETING TIME FOR NOVEMBER 16th) The Mayor explained that due to the fact that the A.I.C. Regional Meeting was to be held on November 16, 1976, which was a Regular City Council Meeting night as well, he would like to suggest that the City Council Meeting on the 16th of November start at 6:30 P.M. so that the members of the City Council could attend the business meeting of the A.I.C. Regional Meeting. MOVED by Banks, SECONDED by McCluskey that the Regular City Council Meeting of November 16, 1976, start at 6:30 P.M. instead of the usual 7:30 P.M. so to allow the City Council and Mayor to attend the A.I.C. Meeting. MOTION CARRIED (LETTER FROM FIRE CHIEF CONCERNING A LEAVE OF ABSENCE) The Mayor read a letter submitted to the City Council and the Mayor regarding one of the firemen as follows: One of our firemen, Mr. Garry Cleary, suffered a back injury on September 1, 1976, when he slipped and fell in the fire station. He spent several days in the hospital due to this Book 17 Page 225 injury and hasn't been able to return to work since that time. According to reports received from his doctors, he will need a lengthy recovery period and it will be putting a burden on his shift and the department for him to continue to be on our payroll even though provisions are made in the men's contract for this type of situation. In lieu of a letter received from Mr. Cleary dated October 19, 1976, to me, I'm asking the Council for consideration for a leave of absence for up to one (1) year for Mr. Cleary. If the Council approves the one (1) year leave then I will take steps to have Mr. Cleary put on Firemen's Retirement and /or State Insurance for that period of recovery which may be up to a years time. There is also a chance that he may never recuperate to the extent that he could fulfill his job as a firefighter again. This leave, if allowed, would be in effect as soon as all paper work is completed with the State Insurance Fund and Firemen's Retirement so that we can see that Mr. Cleary doesn't have a lapse of time without any pay coming to him. Attached is a letter from Mr. Cleary to me asking for the leave of absence. Thank you for your consideration in this disability leave for Garry. Respectfully, /s/ Harold E. Perfect Fire Chief The letter from Mr. Cleary was also read to the City Council. MOVED by McCluskey, SECONDED by Olesen that the City Council accept the proposal for a leave of absence for Mr. Cleary as requested by the Fire Chief. MOTION CARRIED (INDEMNITY AGREEMENT) The Mayor presented an Indemnity Agreement for approval of the City Council. The family of Charles S. Davis was giving permission for the burial of Philip Nelson Westfall in Block No. 2, Lot No. 55, Space 5 of Canyon Hill Cemetery when necessary. MOVED by Williams, SECONDED by McCluskey that approval be given for this Indemnity Agreement for the burial of Philip Nelson Westfall when necessary as read by the Mayor. MOTION CARRIED (CLAIM AGAINST CITY - GRACE SHIPLEY) The Mayor read a claim against the City of Caldwell. A Mrs. Shipley fell on the sidewalk in front of the old Jefferson Junior High School. She was requesting compensation for doctor bills and for lost wages. MOVED by Raymond, SECONDED by Bauman that the claim be denied and turned over to the City'a 'Insurance Carrier. MOTION CARRIED (LETTER FROM STATE TRANSPORTATION DEPARTMENT) Kook 17 Page 226 The Fall meeting of the Nampa Urban Transportation Study has been scheduled for Wednesday, November 17, 1976, at 1:30 P.M. in the Nampa City Council chambers at City Hall. An important issue to be discussed will be the expansion of the Study to include Caldwell. This was agreed to by the Canyon Development Council on March 29, 1976. It is also requested that a representative of each participating agency present a report on the past year's accomplishments and on the current program of projects. Sincerely, /s/ Jim Cooney, Study Coordinator Both Mr. Lewis, the City Engineer, and Councilman McCluskey stated that they would attend this meeting and would report back to the City Council. (BILL NO. 33 - ORDINANCE N0, 1401 - BUILDING CODE UPDATE) This proposed ordinance was read by the Mayor as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY AMENDING SECTION 5 -1 -1 RELATING TO UNIFORM BUILDING CODE TO PROVIDE THAT THE 1976 EDITION AND REVISIONS THEREOF SHALL BE ADOPTED; BY AMENDING SECTION 5 -6 -2 RELATING TO UNIFORM SIGN CODE TO PROVIDE THAT THE 1976 EDITION AND REVISIONS THEREOF SHALL BE ADOPTED; BY AMENDING TITLE 5, BY ADDING A CHAPTER TO BE KNOWN AND DESIGNATED AS CHAPTER 12 WHICH SHALL ADOPT UNIFORM MECHANICAL CODE 1976 EDITION AND REVISIONS THEREOF; PROVIDING EFFECTIVE DATE; REPEALING ALL LAWS INCONSISTENT HEREWITH. Mr. Dufur, the Building Inspector, explained that this was to update the Building Code to include the new material that has come out since 1973. Councilman Banks stated that he would be the sponsor of this Bill. MOVED by Banks, SECONDED by McCluskey to suspend the rules requiring the reading of a Bill three separate days and that Bill No. 33 be read the second time by title and the third time in full, section by section. The Mayor called for a roll call vote. Those voting yes: Banks, Bauman, McCluskey, Olesen, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Banks, SECONDED by McCluskey that Bill No. 33 be passed and entitled Ordinance No. 1401. The Mayor called for a roll call vote. Those voting yes: Banks, McCluskey, Olesen, Williams, Raymond, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (LETTER OF REQUEST FROM POLICE DEPARTMENT) The Mayor read this letter as written to the Mayor and City Council members from the Chief of Police as follows: It is requested that favorable consideration be given to a Book 17 Page 227 request made by Lt. Leonard A. Galland, Director of the City- County Narcotic Division to attend the 6th Annual Advanced Drug Training Conference being held November 29, 1976, through December 2, 1976, at Las Vegas, Nevada. Travel funds are available in the Narcotic Budget in the amount of $240.00 and the other $54.00 could be taken from Criminal Investigation Division Travel funds for the total of $294.00. MOVED by Banks, SECONDED by Olesen that the request of the Police Chief for Lt. Galland to attend the Annual Advanced Drug Training Conference be granted. MOTION CARRIED (PRELIMINARY PLAT OF KING'S REPLAT) The Mayor called on Mr. Lewis, the City Engineer, to present this Preliminary Plat. This Plat was located on Ohio between Alder and Poplar. Mr. Lewis explained that the Planning Commission had approved this Plat subject to a statement from Pioneer Irrigation approving the "Irrigation System, to provisions for developing Alder and Poplar, and to provisions of the subdivision ordinance. It was the recommendation of the City Engineer that the City Council follow the recommendation of the Planning Commission with addition of Tract 4 to plat and with the development of Poplar and Alder to be provided before building permits on these streets are issued and subject to all other easements and street deeds. Mr. Lewis explained that this Replat was apart of Tracts 4, 5, and .6 of Mountain View Subdivision No. 2. MOVED by Bauman, SECONDED by Banks that the City Council accept the Preliminary Plat of King's Replat as recommended by Mr. Lewis, the City Engineer, with the stipulations as he stated them. MOTION CARRIED (WARRANTY DEED - LASHER CONSTRUCTION COMPANY, INC.) Mr. Lewis, the City Engineer, presented this Warranty Deed from Lasher Construction Company, Inc. to the City of Caldwell. Mr. Lewis explained that this was on the corner of Spruce and Wisconsin and it was his recommendation that the City of Caldwell accept this Warranty Deed as presented. MOVED by McCloskey, SECONDED by Olesen that this Warranty Deed from Lasher Construction Company, Inc., be accepted by the City of Caldwell and the City Clerk be instructed to have the Deed recorded. MOTION CARRIE (APPLICATION FOR CARD LICENSE - ROCKING B TAVERN) The Mayor presented this application for a card license as submitted by the Rocking B Tavern, 112 West Aven, Caldwell. The fee of $60.00 was paid to the City Clerk's Office and the Chief of Police has given his approval. MOVED by Banks, SECONDED by Williams that approval be given for this Card License requested by the Rocking B Tavern at 112 West Aven. MOTION CARRIED (DISCUSSION REGARDING APPLICATION FOR TAX EXEMPT STATUS) The Finance Director, Mr. Horan, explained that he received a Book 17 Page 228 memo from the City Attorney which described the „proper procedure for obtaining a tax exempt status as.was used by the Friends of the Library for the construction of the new Caldwell Public Library, Inc. - The question asked the City Attorney was whether the City could follow the same kind of procedure in constructing a new City Hall. The Finance Director was asking the City Council at this Meeting for the authority to apply for this tax exempt status. MOVED by McCloskey, SECONDED by Williams that the Finance Director be authorized to proceed with the application for a tax exempt status for a corporation. MOTION CARRIED (DISCUSSION REGARDING ANNUAL AWARDS) Mr. Horan, the Finance Director, presented two letters to the Mayor and City Council regarding a proposal that a Supervisor's Annual Award and an Employee of the Year Award be awarded this year. The letters were a proposed criteria for these awards and Mr. Horan was requesting that the Mayor and City Council members study the proposals and bring back recommendations to the City Council Meeting on November 16th. The Mayor commented that he would like to have the whole City Council involved in this. (REPORT FROM FINANCE DIRECTOR) The Finance Director stated that he was reviewing the Police and Fire Department salaries and would have a report for the City Council in the near future. There being no further business, the meeting was adjourned at 8:10 P.M. APPROVED AS written THIS 16th DAY OF November , 1976. i Councilman Councilman Councilman ATTEST: City rk