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HomeMy WebLinkAbout1993-03-01city council minutesBook 34 REGULAR MEETING March 1, 1993 7:30 p.m. The Meeting was called to order by Mayor Dakan. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Absent: Houchins. (ADDITIONS OR DELETIONS TO THE AGENDA) Since there was no additions or deletions to the prepared Agenda, the Mayor declared that the Meeting would continue as outlined. CONSENT CALENDAR Mayor Dakan presented the following items under the Consent Calendar for consideration by the City Council: 1. Dispense with reading the minutes of the Regular City Council Meeting of February 16, 1993, and approve as written; 2. Accept the minutes of the following boards and commissions: The Planning and zoning Commission Meeting of February 10th and February 18th, 1993; Senior Citizen's Center Commission Meeting of February 16, 1993, and the Caldwell Golf Board Meeting of February 10, 1993. MOVED by Ozuna, SECONDED by Nancolas to accept the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Ozuna, Nancolas, Simmons, Carpenter, and Raymond. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED PRESENTATION TO ALTA E. WILLIAMS The Mayor stated that the Council Meeting would begin with a presentation to Alta E. Williams which was a positive and nice way to start the meeting. Mayor Dakan further explained that he worked with Alta on the City Council about twenty years ago. Through the years, she has worked on many boards and commissions, worked as a City employee for many years and has been instrumental in making Caldwell a better place to live. The Mayor then presented a Certificate of Appreciation to Alta Williams with the following inscription: "This is to certify that Alta E. Williams has rendered valuable and distinguished service to this City and on behalf of its citizen, the Mayor and City Council hereby issue this Certificate in recognition thereof on this 4th day of February, 1993." Mayor Dakan further commented that everyone really did appreciate all of her contributions to the community. He explained that the date on the Certificate was February 4th because they had intended to make the presentation at the last meeting. However, Alta was unable to attend at that time_ Page 43 Book 34 Page 44 Mrs. Williams expressed her appreciation and thanked the Mayor and Council for the recognition. OLD BUSINESS (SECOND READING OF BILL NO. 3 - CREATE COMMUNITY SERVICES BOARD) The Mayor read Bill No. 3 by tittle only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING CHAPTER 4, TITLE II PERTAINING TO COMMISSION OF PARKS AND RECREATION AND CHAPTER - 12, TITLE II PERTAINING TO CALDWELL EVENTS CENTER COMMISSION AND ADDING A NEW CHAPTER 4, TITLE II SECTIONS 1 THROUGH 7, COMMUNITY SERVICES ADVISORY BOARD: REGARDING CREATION, MEMBERS, TERMS, ORGANIZAT - - ON VOTING QUORUM, VACANCIES, AND DUTIES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor declared this to be the second reading of Bill No. 3. (SECOND READING OF BILL NO. 4 - CHANGE IN BIKE LICENSING) The Mayor read Bill No. 4 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY DELETING AND ADDING CERTAIN LANGUAGE IN TITLE XI, CHAPTER 14, PERTAINING TO BICYCES BY REPEALING SECTIONS 1.1 -14 -2 THROUGH 11 -14- -8 REGARDING LICENSE REQUIRED; APPLICATION; ISSUANCE, ATTACHMENT OF' LICENSE PLATE; INSPECTION; AND TRANSFER OF OWNERSHIP AND ADDING NEW SECTIONS 11 -14 -2 THROUGH 11 -14 -8 REGARDING REGISTRATION OF BICYCLE; APPLICATION /REGISTRATION; ISSUANCE; INSPECTION; TRANSFER OF OWNERSHIP AND RENTAL AGENCIES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor declared this to be the second reading of Bill No. 4. (SECOND READING OF BILL NO. 5 - ANNEXATION OF CITY PROPERTY (HANEY PROPERTY AND CITY GRAVEL PIT). The Mayor read Bill No. 5 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT THE OWNERS OF SAID LAND HAVE CONSENTED OR ACCEPTED THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE M -1F (LIGHT- INDUSTRIAL; FLOOD PLAIN OVERLAY) ZONE AND R• -2F (MEDIUM DENSITY RESIDENTIAL; FLOOD PLAIN OVERLAY) ZONE; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO_ Book 34 Page 45 The Mayor declared this to be the second reading of Bill No. 5_ (SECOND READING OF BILL NO. 6 - ZONING CLASSIFICATION FOR ABOVE PROPERTY) The Mayor read Bill No. 6 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM COUNTY A -40 TO A COMBINATION OF M -1F (LIGHT INDUSTRIAL; FLOOD PLAIN OVERLAY) AND R- 2F (MEDIUM DENSITY RESIDEN'T'IAL; FLOOD PLAIN OVERLAY); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS M -1F AND R -2F ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor declared this to be the second reading of Bill No. 6. NEW BUSINESS (REQUEST TO CANCEL PUBLIC AUCTION SET FOR MARCH 1, 1993, OF PROPERTY KNOWN AS THE BRICK OVEN, 117 SOUTH KIMBALL) Mayor Dakan explained that the first item under New Business was to be a public auction for property known as the Brick Oven, 117 South Kimball. - Councilman Raymond stated that it: was his understanding that there was some title discrepencies that needed to be clarified. Therefore, it would be appropriate to cancel the auction at this time- MOVED by Raymond, SECONDED by Ozuna that the public auction be cancelled that was advertised for this evening on the property known as the :Brick Oven, 117 South Kimball. Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (BILL NO. 9 - REQUEST FOR ANNEXATION SUBMITTED BY CALDWELL TRANSPORTATION) The Mayor stated that the next item was a request for annexation submitted by Caldwell Transportation. The Dill was read by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT THE OWNERS OF SAID LAND HAVE PETITIONED THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO Book 34 Page 46 THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO_ The Planning and Zoning Director explained that there was a Public Hearing scheduled for the change of zoning that was associated with the Lill for annexation. As mentioned, this request involves Caldwell Transportation and property located immediately to the south of their existing facility. Mr. Crooks further informed Council that their plans are to expand and upgrade their facilities and they have obta.ned a qualified special use permit from the Planning and Zoning Commission to proceed with the development upon Council's approval of the annexation. The zone change was considered ny the - -- Planning and Zoning Commission with the recor mendation to the City Council that the zoning classification go from County R -1 to City R -1 which is single family residential. Along with Bill No. 9 addressing the annexation, Bill No. 10 was also included in Council's packet which was the zone change_ Mr. Crooks further commented that representatives from Caldwell Transportation were present this evening and may ask Council to consider waiving the normal three readings of the ordinance in this particular case. They were anxious to proceed with their plans to expand and upgrade the facility. Several Council members had questions of the Planning and Zoning Director particularly with regard to the zoning. After a short discussion, Council agreed that it was a positive step. Mr. Crooks further explained the expansion plans of Caldwell Transportation. The Mayor opened the Public Hearing and recognized Rick Vertrees, 580 Sunset, Nampa. Mr. Vertrees stated that he was an employee of Caldwell Transportation and was here to .represent them in this matter. He stated that they were anxious to have the zoning taken care of so they could begin with the project as soon as weather permits_ They would request that the City Council consider waiving the three readings of the two bills. After some discussion pertaining to the needs of Caldwell Transportation, the Mayor closed the Public Hearing and asked the City Council if they were ready to take action on Bill No. 9 requesting the annexation. It was MOVED by Nancolas, SECONDED by Carpenter to waive the rule requiring that a Bill be read at three separate times and that the Bill be read in full. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Raymond, and Ozuna. Those voting no: none. Absent and not voting: Houchins_ MOTION CARRIED MOVED by Nancolas, SECONDED by Carpenter that Bill No. 9 be passed and entitled Ordinance No. 1984 after the one reading by title only. Roil call vote. Those voting yes: Nancolas, Simmons, Carpenter, Raymond, and Ozuna. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (BILL NO. 10 - ZONE CHANGE FOR THE PROPERTY OF CALDWELL TRANSPORTATION) Book 34 The next item on the Agenda was the Bill for the zone change for the property owned by Caldwell Transportation. The Mayor read Bill No. 10 by tittle only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF' CALDWELL, IDAHO, FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R -1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Nancolas, SECONDED by Carpenter to waive the rule requiring that a bill be read at three separate times and that it be read in full for one reading. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Raymond, and Ozuna. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED MOVED by Nancolas, SECONDED by Carpenter that Bill No. 10 be passed and entitled Ordinance No. 1985 after the one reading by title only. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Raymond, and Ozuna_ Those voting no: none. Absent and not voting: Houchins,. MOTION CARRIED (APPOINTMENT OF CITY ENGINEER) Mayor Dakan announced to the members of the City Council that after some time and several interviews, the selection committee has made a recommendation to him for the appointment of the new City Engineer. The Mayor further stated that he endorsed this recommendation and would present the name of Gordon Law to the Council for appointment as City Engineer. He explained that Mr. Law was presently employed at Blakley Buturla Consulting Engineers in Caldwell and has had ten years in engineering and was a private contractor before that time. The Mayor stated that they were looking forward to working with him. MOVED by Raymond, SECONDED by Ozuna to approve the appointment of Gordon Law as the City Engineer as recommended by the Mayor. Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED Mayor Dakan informed Council that it would be two or three weeks before Mr. Law would be able to leave his position at Blakley Buturla. In the meantime, Larry Bledsoe, Nampa's City Engineer, would continue helping the City of Caldwell. The Mayor further expressed his appreciation for Mr. Bledsoe who has been assisting the City during the last few months. Mr. Bledsoe was supportive of Mr. Law and indicated that he would continue to work closely with him. He has prepared an outline of projects that need to be done in the near future as well as an outline of problem areas. Page 47 Book 34 Page /8 The Members of the Council and. the Mayor thanked Mr. Bledsoe for his willingness to be in Caldwell over the last few months. It was pointed out 'that the cooperation between Caldwell and Nampa was certainly a benefit to both communities. All expressed their appreciation to Mr. Bledsoe for stepping in and doing a fine job for the community. (FORMATION OF A SIGN COMMITTEE - PLANNING AND ZONING) The Planning and Zoning Director Mr. Crooks, stated that the Planning and Zoning Commission directed that Staff begin the process of forming a committee to investigate the existing sign schedule of the Zoning Ordinance and other sections of the Code pertaining to signs and sign installation. The purpose of t:ais investigation. is to perform the following: Correct ambiguities and conflicts within existing codes and regulations through the preparation and adoption of a "Resolution of Interpretation ". Establish a uniform and consistent procedure whereby sign permits can be obtained from the Plannincr and Zoning Department and the Fire /Building Department. Examine alternatives and procedures for enforcement. Mr. Crooks further stated that it was the request of the Planning and Zoning Commission that this effort receive the sanction of the City Council and that the Council may want to have one of their members serve on the committee. The following individuals have agreed to be a part of this committee: Phil Frye Dennis Crooks Ed Christopher Harlan Dilley Gary Vance Dale Anderson Representative Planning & Zoning Commission Planning & Zoning Commission Code Enforcement Fire /Building Department Superior Signs Anderson Signs Chamber of Commerce or TRAC MCVED by Raymond, SECONDED by Nancclas that the City Council agree to support the: efforts of the Sign Committee in clarifying the interpretation of the sign ordinances within the City of Caldwell. Roll call vote. Those voting yes: Raymond, Oauna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: 3ouchins. MOTION CARRIED (RESOLUTION REGARDING DARIGOLD RATES) The Mayor stated that the next item to be considered on the Agenda was a Resolution establishing Darigold rates. The Resolution was read as follows: A RESOLUTION setting rates to be charged to Darigold, Inc., for treatment of wastewater from the operation of their plant located in Caldwell until a discharge permit can be determined and issued. BE IT RESOLVED That the rate schedule shall be as follows: Book 34 The rate calculation formula to be utilized shall be the same as set forth in May 1, 1979, User Fee Agreement with Dairymen's. The parameter values to be used in 1993 shall be: Ct = $54,666 f3 = 0.36 Qt = 4.82 f4 = 0.025 fl = 0.27 BODt = 224 f2 = 0.37 SSt = 183 The above parameter values shall be adjusted in 1994. Larry Bledsoe, the Acting City Engineer, explained that there was an extensive formula in the contract explaining the symbols in the above rates. Mr. Bledsoe further stated that the reason for the Resolution was that in reviewing the contract, it appeared that there may be a legal issue that needs to be addressed_ It appeared that there might not be a legal, binding agreement between the City of Caldwell and Darigold that specifies how rates are to be charged. In the Dairymen's agreement, there was a formula; however, it was not updated annually. The contract provides that it be updated annually to reflect the current cost. The Resolution simply sets forth the methodology in which Darigold would be charged for sewer use and uses the same methodology as found in the original contract with Dariymen's and simply updates that formula to represent what the City's current costs are. It does not address the equity of the basic formula which is something that should be addressed at some future time. At this point, it was felt appropriate to have some legal means to assess Darigold's monthly assessment. - MOVED by Raymond, SECONDED by Nancolas to pass the Resolution establishing the rates to be charged to Darigold, Inc. for treatment of wastewater from the operation of their plant. Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Carpenter reported to Council that the Finance Committee reviewed and approved current accounts payable in the amount of $239,514.30 and a payroll of $155,767.28 for the period ended February 25, 1993. MOVED by Carpenter, SECONDED by Ozuna that accounts payable in the amount of $239,514.30 represented by checks number 29269 through 29467 and a payroll for the amount of $155,767.28 represented by checks number 42277 through 42462 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Carpenter, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor stated that the next :item on the Agenda was Audience Participation. This was the time provided for anyone from the audience to address the City Council on an item that was not on the prepared Agenda. Page 49 Book 34 Page 50 Dr. Russell T. Snow, 1104 Stahlridge, was recognized by the Mayor. Dr. Snow informed Council that he was a member of the TRAC Committee. During town meetings, there has been questions raised as to the qualifications, hiring procedure, and job description for the proposed City Manager form of government. In response to that, Dr. Snow stated that he would like to read recommendations of procedure and requirements to be adopted for use should a City Manager form of government be accepted. The recommendations were presented by Dr. Snow as follows: QUALIFICATIONS. Requires Bachelors Degree in Public Administration /City Management /Related Field; Masters Degree preferred; five years progressively responsible municipal management supervisory experience as City Manager or Assistant City Manager. Experience should include: budgeting finance, personnel, planning and community development. ideal candidate should be an administrative leader with written, oral, interpersonal, and public relations skills; affable personality - - willing to interact with community leadership and work with all types of personalities. Top consideration will be S.-ven to those candidates with excellent community recommendations from previous employer. HIRING PROCEDURE: 1) Job should be advertised through all appropriate sources, local and national. 2) A hiring committee should be formed consisting of several current elected officials, several community leaders familiar with the hiring process, and a couple of regional people familiar with city manager form of government. 3) We would also recommend that members of this hiring committee make an unannounced visit to the community of previous employment prior to serious consideration of any applicant. JC 3 DESC;.IPTION: The City Manager is the Chief Executive Officer of the City. Works under the general policy direction of the Mayor and City Council. Responsible for the implementation and enforcement of all ordinances and regulations of the City. Seers that all obligations granted by or to the City are observed. Directs the management of the City's departments and administrative affairs and oversees policy development. Prepares and implements various policies, plans, and programs related to improving service levels and meeting the needs of the City. Carries out the policies, plans, and programs adopted by the Council. Appoints and dismisses heads of departments. Establishes standards, qualifications, criteria, and procedures to govern the appointment and dismissal of all City employees. Exercises control over the City's personnel system. Atzends all meetings of the Council and participates in deliberations without the right to vote. Creates, modifies, or eliminates departments, divisions, or sections to facilitate the effective administration of the City. Acts as the City's chief budget and financial officer. Performs other duties as prescribed by State Statute and the City Council. Dr. Snow informed Council that this was the draft proposed by the TRAC Committee. It was their recommendation that the Procedure and Requirements be adopted by the City Council and used as policy guidelines Book 34 concerning actons taken should the City Manager form of government be adopted. Mayor Dakan said that the City Council would take this under advisement and possibly take action at the next meeting. The Mayor asked if there was anyone else who cared to address the Council. Since there was no one, the Mayor declared that the meeting would continue as outlined. (COMMITTEE REPORTS) Councilwoman Carpenter informed Council that she did not have a committee report, but wanted to commend Alta Williams for the years of service she has contributed to the City of Caldwell and the spirit with which she has done so. She was an inspiration to everyone. (MAYOR'S REPORT) Mayor Dakan read a report from the Professional Services Group, the private company operating the Wastewater Treatment Plant, summarizing the costs and savings to the City by contracting the operation and maintenance of the Plant to PSG. The report also thanked the City for the reimbursement issued to them. The Mayor commended them for a fine job and informed Council that the program was working very well. The Mayor also thanked both Councilman Nancolas and Councilman Raymond for conducting_ the meetings while he was on vacation. (ADJOURNMENT) MOVED by Nancolas, SECONDED by Simmons that since there was no further business, the meeting be adjourned at 8:25 p.m. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Raymond, and Ozuna. Those voting no_ none. Absent and not voting: Houchins. MOTION CARRIED APPROVED AS written THIS 15th DAY OF March , 1993. Councilperson Page 51 r City C ATTEST: