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HomeMy WebLinkAbout1983-11-09city council minutesBook 24 REGULAR MEETING November 9, 1983 12:00 Noon Page 247 The Meeting was called to order by Mayor McClusky. 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, and Cowles. Absent: Cowles. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Since there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (THIRD READING OF BILL NO. 24 - ALLOW DAY CARE CENTERS IN R -1 ZONE) The Mayor stated that the first order of business under Old Business was the third reading of Bill No. 24. The Mayor then read this Bill by title only as follows: AN ORDINANCE AMENDING TITLE VI, CHAPTER 2, SECTION 2.1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY PROVIDING A CHANGE IN THE LAND USE SCHEDULE, TABLE 1 OF THE ZONING REGULATIONS TO ALLOW NURSERY SCHOOLS (DAY CARE CENTERS) IN THE R -1 SINGLE FAMILY RESIDENTIAL ZONE WITH A SPECIAL USE PERMIT, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor asked if there was any discussion from the members of the City Council and since there was none, requested that action be taken on this Bill. MOVED by Raymond, SECONDED by L. Carter to suspend the rule requiring the reading of the Bill in full and that Bill No. 24 be passed and entitled Ordinance No. 1659. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, and Cowles. Absent and not voting: Betts. Abstains Mallea. Those voting no: none. MOTION CARRIED (RESOLUTION ON THE SIDEWALK AT WARRENS) The Mayor explained that this Resolution was discussed at the last City Council Meeting and it was determined that action would be delayed on the Resolution until the Warrens received the letter from the City Engineer and were able to respond. Mr. Redmond reported that the Warrens had not responded and were made aware of the City Council Meeting today. The Mayor then read the Resolution in full as follows: WHEREAS, Willard J. Rostock and R. M. Fifer, individually, and Warren Properties, Inc., an Idaho Corporation, own real property within the City of Caldwell located at 809 Blaine Street and 221 South Kimball Avenue, and WHEREAS, the City Engineer has reported to the City Council that the sidewalks located in front of the above mentioned properties are dangerous and unsafe, and Book 24 Page 248 WHEREAS, Idaho Code Section 50 -316 gives to cities the authority by general ordinance to require the construction, repair or removal of sidewalks which are deemed by the City council to be dangerous and unsafe and for the assessing of the costs of replacing those sidewalks as an assessment pursuant to Idaho Code Section 50 -1008 against the property in front of which the sidewalk shall be constructed, repaired or replaced, and WHEREAS, the City of Caldwell has adopted a general ordinance requiring the construction, repair or removal of sidewalks which are deemed by the City Council to be dangerous and unsafe and for the replacing of those sidewalks and the assessments of the costs as provided by Idaho Code Section 50 -1008 to the property in front of which the sidewalks shall be constructed, repaired or replaced in' Title 8, Chapter 1, Section 2 of the Caldwell City code, and WHEREAS, the above mentioned property owners have been notified by the City Engineer for the City of Caldwell to repair the sidewalks located in front of their property, and WHEREAS, the Caldwell City Council in a meeting have the 2nd day of November, 1983, made the determination that the sidewalks in front of - the above mentioned property are in fact unsafe or dangerous, BE IT THEREFORE RESOLVED, by the City Council of the City of Caldwell :by a motion passed by a two - thirds majority of all of the members elected to the Caldwell City Council, that the City of Caldwell hereby orders that the sidewalks located in front of properties identified as 809 Blaine and 221 South Kimball Avenue shall be replaced and repaired by the property owners owning said property and the same shall be replaced or repaired within sixty (60) days following the delivery of a copy of this resolution pursuant to the sidewalk construction and improvement standards, copies of which shall be available from the City Engineer. PLEASE ALSO BE ADVISED that should the above mentioned repairs not be completed that the City Council has the authority to construct or repair those sidewalks and assess the cost of that work against the property owner where the sidewalk was repaired and the cost as described shall become a lien on the property. Councilwoman Mallea questioned as to why Willard J. Rostock and R. M. Fifer were named in this Resolution. The City Engineer stated that the problem area was only in front of Warren's Shoe Store. At this time the sidewalk in front of Rostock's seems to be reasonably secure. Mr. Redmond further said that he would contact the City Attorney with regard to this question, but it would be appropriate to take action at this time subject to Mr. Connolly's comments. Mr. Redmond then explained to the City Council by way of a sketch what problems were involved with the sidewalk at Warrens's so they would better understand the situation. He pointed out that there was several beams that had cracks in them which were not noticed before the earthquake. He was certain that they would have seen them on the previous trip before the earthquake as they were quite definite. W.. Councilman Raymond stated that he believed it was imperative to proceed at this time. 'There was a. potential for somebody to be seriously injured even though it was blocked off; he had seen people walking along there. The City has had legal guidance and there may be some legal challenges as to whose ultimate Book 24 Page 249 responsibility it was, but the City after passing this Resolution would have the authority to proceed with the repair work. He was, therefore, in favor of the passage of the Resolution. MOVED by Raymond, SECONDED by Cowles that the Resolution be passed as presented by the Mayor subject to clarification by the City Attorney. Councilman Raymond then asked the City Engineer if the City did proceed with the repairs, would the alley be done at the same time. Mr. Redmond stated that it would be done at the same time. He also stated that he had taken the liberty of contacting Blakley Engineers to work out plans and specifications to take the sidewalk off. They were completed now, but he had not reviewed them as yet. A copy was sent to the City Attorney for review from a legal and liability standpoint. Mr. Redmond said that he would hope to get a waiver on the sixty day time period. After some further discussion, the Mayor called for a roll call vote on the motion. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, and Cowles. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED Councilwoman Mallea said that she would like to suggest that the City Attorney enter into getting a waiver on the sixty day time period. This will enable the City to move as soon as possible on the repair. NEW BUSINESS (CANVASS THE VOTES FROM THE ELECTION) The Mayor stated that the first order of business under New Business was the official canvass of votes for the City Election held on November 8, 1983, for the three seats on the City Council. The City has an agreement with the Canyon County Election Board to tabulate the vote and their computer sheet reported the count as follows: Camilo M. Lopez 484 Durand Marcus 9�D5 Charles W. McCafferty 399 Wm. A. (Bill) Norman 998 Jack R. Raymond 1,087 Sandy Straight 769 Johnny Woods 224 MOVED by Mallea, SECONDED by L. Carter that the City Council accept the final report on the City Election held on November 9, 1983. MOTION CARRIED (BILL NO. 26 - AMEND CITY CODE REGARDING BEER LICENSES) The Mayor stated that the next order of business was consideration of an Ordinance amending the City Code with regard to beer licenses. All members of the City Council received a copy of this Bill and have made suggestions for changes and additions. It was important that this Bill be passed as soon as possible so renewal notices can be sent out. Councilman Raymond said that he suggested to the Police Chief that he contact the Barowner's Association to make them aware of this Bill. The Mayor further explained that the prime performance of this Bill was to give the City Council some control over the establishments under their jurisdiction in the City of Caldwell. Previously, the City was prevented from doing anything because cities came under State Statute and the State was the only one who could take Book 24 Page 250 action. This Bill will allow the City to take some action if there is a bar in town that is causing problems. The Mayor then read Sill No. 26 by title only as follows: AN ORDINANCE REPEALING CHAPTER 7, TITLE IV, OF THE CITY CODE OF THE CITY OF CALDWELL AS IT PERTAINS TO SALE AND DISTRIBUTION OF BEER AND ENACTING A NEW CHAPTER 7, TITLE IV, OF THE CITY CODE AS IT PERTAINS TO BEER SALES AND REGULATIONS ESTABLISHING APPLICABILITY, DEFINITIONS, LICENSE REQUIRED, NATURE OF APPLICATION, QUALIFICATION OF LICENSEE, REFUSAL OF LICENSE, TRANSFER OR RENEWAL, PERIOD FOR WHICH LICENSE IS ISSUED, REVOCATION OR SUSPENSION OF LICENSE, LICENSE FEE, FINANCIAL INTEREST LIMITED, PREMISES DESCRIBED -NAME INTERESTED PERSONS - APPROVAL OF OWNERS OF PREMISES, LICENSEE TO REPORT CHANGES, PRESCRIBED AND PROHIBITED CONDUCT OR ACTIVITIES, HOURS OF SALE: REPEALING` ALL SECTIONS INCONSISTENT THEREWITH: PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. MOVED by Mallea, SECONDED by Cowles to suspend the rule requiring the reading of a 8i11 at three separate times and that Bill No. 26 be read by title only for one reading. Roll call vote. Those voting yes. Mallea, Cowles, Raymond, L. Carter, J. Carter. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 26 be passed and entitled Ordinance No. 1661. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, L. Carter and J. Carter. Those voting no: none. Absent and not voting: Betts. MOTION CARRIED (AMENDMENT TO ENCROACHMENT AGREEMENT WITH DAIRYMEN'S) The Mayor read the following letter received from Dick Cooper, the Plant Engineer, from Dairymen's: At Frank Krone's request I am submitting this letter for Dairymen's Creamery Association, Inc., requesting your consideration of an amendment to our Encroachment Agreement. We are considering several options to improve our operation. These changes have not been presented to our Board of Directors, but are in the planning stages. It would be advantageous to have permission to enact these changes as soon as possible if our Board of Directors does grant approval. In the past few years Dairymen's Creamery Association has experienced tremendous growth. This has impacted the plant W4 three to four times as much milk to process. The result being, there are more! trucks loading and unloading and the need for more milk storage. With all this additional processing we have had some large loadings on the sewage discharge to the Caldwell Treatment Plant. Major improvements have been made over the past several months. This includes internal piping changes that have reduced the loading to within our limits. The October log will reflect this change. We have several more changes to make in the next two weeks that will lower the BOD and the Suspended Solids. The present change's we are requesting will incorporate an extension on the City storm sewer. This is to be installed at Dairymen's Creamery Association's expense. This will allow the roof and surface water to drain into the storm Book 24 Page 251 drain and not go into the sanitary drain as it does now. Prior to 1981, most of the powder from Dairymen's Creamery Association was shipped by rail. That condition has now changed and we ship almost 100% by truck. The addition of a truck dock will allow the trailers that are being loaded with powder to get off the street. The present method of loading requires the fork truck to load the trailer from each side. while doing this on the street side of the truck, there is always a person that will drive behind the fork truck while he is setting the pallet on the truck. This is dangerous and only the extra caution of the fork truck operator has avoided an accident. We would like to alleviate this condition. The additional silo we are requesting will allow us to store more incoming milk. This will help during the daytime hours when we receive the majority of the milk. The present situation is to fill up all of our storage during the first part of the day and this makes a large number of trucks that have to park in the street while waiting to unload. The additional storage would allow us to unload more trucks during the day and help alleviate the traffic jam on Albany Street. We are confident that you will recognize the importance of this request as DCA continues to make the improvements toward becoming a better neighbor in the City of Caldwell. Your support will be appreciated. Mr. Redmond, the City Engineer, explained at some length the request that was being made by Dairymen's and pointed it out on a drawing for the benefit of the City Council. This item was discussed at some length with the determination made that the City Council would prefer to go look at the site. Mr. Redmond stated that he would set up a time and they would go in a group. Action would be taken at the next City Council Meeting. (COMMITTEE REPORTS) Councilwoman Mallea was recognized and congratulated the newly elected members of the City Council. Sha also reported that there was a meeting of Crime Stoppers and they were looking for somebody to take over the Neighborhood watch Program. They have been concerned about information from the Police Department with regard to burglaries and their locations. The Police Chief has indicated that he will prepare a pin map showing the location of burglaries. Consideration was being given for a suitable location which would probably be City Hall or the Library. Also, agreed was to purchase metal and property markers and attempt to place in the Library to be checked out. They were also going to try to get a sun camera donated just for Crime Stoppers. Councilwoman Mallea also said that the Library has agreed to find a place for the map. The Board a_so did allow the metal markers to be placed there. She further stated that she had recently talked to the Accountant who said that the Finance Officer would be ready on November 14th for them to come for the audit They were going to try incorporate the Library records into the City's audit for two reasons; one that it would be fitting and proper that the City receive a copy of the audit and second, that the Library really should not have to totally pay for this. Councilman Jack Carter reported that the Airport Commission met and were planning their trip to Scottsdale to gather information on Industrial Airparks. He requested that the City Council give formal approval for this. Book 24 Wage 252 It was then MOVED by J. Carter, SECONDED by Raymond that approval be given for the Airport Commission to make this trip to Scottsdale for the purpose of gaining information regarding industrial airparks. MOTION CARRIED Councilman Les Carter commended the Mayor on his format for the Veteran's Day program and the dedication of the monument. He felt it was a fine program and would hope that everyone would try to attend. Councilman Carter also congratulated the new members of the City Council. The Mayor stated that. he, in turn, would like to congratulate. Councilman Les Carter for distinguished service to City Government, not only the City of Caldwell, but also Homedale. Councilman Raymond informed the Council that he attended the Association of Idaho Cities dinner in Boise. Councilman Raymond also stated that as an incumbent running for re- election, without the support of the Council and the Mayor he felt it would have been impossible to be re- elected. He felt the community was somewhat happy with what they were doing or they would not have supported an incumbent. (MAYOR'S COMMENTS) The Mayor informed the City Council that he had a claim submitted by Hans DeHamer regarding a broken windshield. Copies of this claim would be given to all of the Council members for their purusal. He would request that this claim be looked into at depth as the City Engineer felt that it was questionable. Copies would also be given to the Street Superintendent and the Insurance Company. If any action was needed, it would be taken at the next meeting. The Mayor also stated that the Council was supposed to meet today and go to Nampa to tour Nampa to see their improvements downtown and Nampa ° s Council planned to come over to Caldwell to do the same. This was postponed until a later date. It was intended as-- a good public relations project and both cities would like to have their new members of the City Councils to attend. There being no further business, the meeting was adjourned at 1:05 P.M. APPROVED AS written No vember , 1983. I Fth ATTEST: (� fJ =_fie _ Ci tC1er� Councilperson