HomeMy WebLinkAbout1992-04-20city council minutesBook 33
CO MEET LNG
April 20, 1992
7:30 p.m.
The Meetj.ng was called r order Ley Mayor Dakan.
Page 81
The Mayor requested that everyone stand for the Pledge of
Alleg: to the Flag,
The Roil of the City Council wa.5 called with the follmAng
me hers present: Nancolas, Carpenter, Houchins, 73n.ymond, and
a z u Absent: Murdoch.
(ADDITIONS OR DELE'TT TO 7 TTE AGENDA)
The Mayor requested one adAition to, the Agenda to be included
as the fourth item under Old Business. The addition was tne
recomms from the Audit Commit
Mayor Da an also recognized Cub Scout Troop 226 and Trco� 221
who were �._orking on merj-'', badges.
CONSENT CALENDAR
The Mayor presented the items on the Consent Calendar for
consideration by the City Council as
Dispense with the reading of the minutes of the
Regular. City Council Meeting of April 6, 1992, and approve as
written;
2. Accept the minutes from the Library Board Meetings
of jF ar March; the Airport Commission Meeting of April
2nd, and the Planning and Zcr&ng Commission meeting of March
19th;
3. Approve a fifty year lease for Renfro /Goodrich
Airport Land Lease as recommended by the Airport Commission
who fslt ttare was sufficisnt justification to wake the
recommendation,
MOVED by Carpenter, SECONDED by C7una to approve the Consent
Calendar as presented by the Mayor,
Roll call vote. Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no: none.
Absent and not voting: M-,_rdoch.
MOTION CARRT.� D
OLD BUSINESS
(SECOND READING OF BILL NC, 8 - AUTHORIZATION TO ADOPT
INFRASTRUCTURE 11 POLICIES)
The Mayor stateO that this was the time established fo:r the
second reaRing of Bill No. 8 which was read by title only as
follows:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, PROVIDING
AUTHORITY FOR AN :NFRASTRUCTURE TMPRCVTMENT POLICY
INCLUDING A S7REET CONSTRUCTION IMPROVEMENT POLICY, A
POLICY FOR OPENING ALLEYS AND A STREET LIGHTING POLICY,
Mayor Dakan declared tVis to ow the second reading of Bill
No 8.
(SECOND 7,7ADIYG O;7 BILL NO. 9 - 7STABLIS STREET LIGHTING)
The May= stated that this was also the time establishcd for
the second reading of Bpi i i No. 9 which ,aas read by tit only
as J.-
AN ORDINANCE RELATING TO PUBLIC LIGHTING' - _1,JITHIN THE CITY
Book 33 Page 82
OF CALDWELL; EXPRESSING THE LEGISLATIVE INTENT AND THE
FINDINGS OF THE CITY COUNCIL IN RELATION THERETO;
PROVIDING THAT THE COSTS OF PUBLIC LIGHTING SHALL BE
FINANCED BY CHARGES TO OWNERS AND OCCUPANTS OF IMPROVED
REAL PROPERTY AND INCLUDED IN THE GENERAL UTILITY
BILLING AS A SEPARATE ITEM; PROVIDING THAT THE RATES
CHARGES OWNERS AND OCCUPANTS OF IMPROVED REAL PROPERTY
SHALL BE DETERMINED BY RESOLUTION; PROVIDING
DEFINITIONS; PROVIDING FOR THE COMPUTATION, BILLING,
PAYMENT OF PUBLIC LIGHTING SERVICE CHARGES AND MAKING
SUCH CHARGES A LIEN UPON REAL PROPERTY; PROVIDING FOR
APPEAL OF BILLINGS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL
BE EFFECTIVE ON THE FIRST DAY OF JANUARY, 1992.
Mayor Dakan declared this to be the second reading of Bill
No. 9.
(RECOMMENDATION OF FINANCE COMMITTEE REGARDING OLD JEFFERSON)
Mayor Dakan informed Council that the next item was the
recommendation from the Finance Committee regarding the
Marjorie Bushnell Center.
Councilwoman Carpenter was recognized and stated that the
Finance Committee met and their recommendation was that the
remaining $3,000 for the project at Old Jefferson come from
the Recreation Department budget, line item being Special
Departmental Supplies. Some money was left in this line item
from an equipment purchase.
MOVED by Raymond, SECONDED by Carpenter that the
recommendation from the Finance Committee be accepted.
Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas,
Carpenter, and Houchins. Those voting no: none. Absent and
not voting: Murdoch.
MOTION CARRIED
(AUDIT COMMITTEE RECOMMENDATIONS)
The next item under consideration was the addition to the
Agenda pertaining to the Audit Committee's recommendation.
The Mayor recognized Lamar McGee, who was representing the
Audit Committee which was organized this year to work in
conjunction with the Caldwell City Council. The members of
the Committee were: Elaine Carpenter, City Councilperson;
John Murdoch, City Councilperson; Greg Brown from First
Security Bank; Bill Daniels with the J. R. Simplot Company.
In addition, Mr. McGee introduced the independent auditors,
Kevin Anderson and Jae Hallett from Balukoff Lindstrom & Co.
Mr. McGee continued stating that the Audit Committee has
reviewed with Balukoff Lindstrom & Co., their independent
auditor's report on financial statements of the City of
Caldwell as of September 30, 1991. Mr. McGee further
informed Council that they also reviewed the reports in
compliance with the single audit requirements and have looked
and discussed, not only with Balukoff Lindstrom, but also
with the Caldwell City personnel the management letter and
the City's response to that letter. The Audit Committee will
continue to review and monitor the implementation of that
management letter and those recommendations given throughout
the year and communicate the progress to the City Council.
As an Audit Committee, we recommend and propose that the
Caldwell City Council accept the financial statements of the
City of Caldwell, Idaho, as of September 30, 1991, as
reported by Balukoff Lindstrom, an outside, independent
auditor in their report dated August 6, 1992.
Councilman Nancolas personally thanked all of those involved
Book 33
Page 83
in the Audit Committee as he realized it was time consuming.
He also stated that he met with the representatives from
Balukoff LAndstroA who were very informative and
professional and made it very easy to understand which he
appreciated.
MOVED by !�.Ia SECONJDED by Carpenter that the City
Council officially accept the Audit Committee's
recommendation,
R0__' 1 Ca_ , vote. Those voting yes: Nancolas, Carpenter,
Hcuch.ins, 'F�aymond, and Coruna. ose voting n.o: n
Absen and not voting Murdoch.
, CA RRIED
NEW BUSINESS
(REQUEST TO AUTHORIZE REPRESENTATIVE FROM CALDWELL TO Tile, A.I.C.
ANNUAL BUSINESS MEETING)
The Mrst item under New Business was to authorize
representatives from the City of Caldwell to the Annual
Association of Idaho Cities Business Meeting to be June 19th
in Boise- Mayor Dakan explained- that he was a nember of the
Board of ?irecturs of I.C. and he would like to be
autkov±zed as one of the representatives and he woulcd
recomn,end that the alternate be the C- Council President.
MOVED by Raymond, SECONDED by Ozuna that tns Mayor be
autoorized as the voting delegate for Cal?well at the A.I,C.
Business Mecting and that Councilman Nancclas, the Counal-
Presi& nt, be authoriz as tnG alternate.
Roll call vote. Whose voting yes: Raymond, Ozuna, Nancolas,
Carpenter, and Houcnins. T, ose vcting no: none. Absent and
not M
MOTION CARRIED
(APPOI\, :. COORDID,7ATOR - AMERIC. DISABILITIES ACT)
Mayor Dakan informed Council that last fall the Congress
approved the American Disabilities Act which calls for
changes in services anc access to disabled individu.als.
These changes have to be completed by July 26, 1.992. The
folic7ing have to be accompiished by that date:
1 j Phys- analysis of accessibility of all
fan for both the pu'olic and employees.
2) Transition Plan Sescriting, in detail, when the
City plans to snake required physical and prog=amatic change--,
3 '
Revan Personnel Manual, job descriptions and
recruitm nt policies.
4) .et up grievence procedv.re for those - ,..ho feel the
A.D_ isn' -, being followed,
The Mayor further stated that a Coordinator must also be
appointee: for all public comment. It was his recommendation
that the Afministrative/Personnel Officer be designated. as
that Coordinator and that the Staff be directed to proceed
with requ._*...
MOVED by Carpenter, SECONDED by Mancolas that the
Admfnistrative/Personne .. Officer be designated as the
Coordinator for the American Disabilities Act and that Staff
proceac:, with t"2 requ_ ements,
The Administrative/Personnel Officer explained that most of
the work would be done b - tne Staf
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymoncl, Ozunp, and Y��ncolas,. Those voting no: none.
Ab.�snt arif, not vot. Murdoch.
Book 33 Page 84
MOTION CARRIED
(BILL NO. 11 - FIRST READING TO AMEND THE ANIMAL CONTROL
ORDINANCE)
The Mayor explained that just a few words have to be changed
in the current Animal Control Ordinance. These changes were
requested by the animal control people and were simply a
housekeeping ordinance to get the City back on track. The
Bill was read as follows:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, STATE OF IDAHO, BY DELETING AND ADDING CERTAIN
LANGUAGE IN TITLE IX, CHAPTER 2, SECTION 10 PERTAINING
TO CANINES RUNNING AT LARGE PROHIBITED AND TITLE IX,
CHAPTER 2, SECTION 11 PERTAINING TO ANIMALS RUNNING AT
LARGE PROHIBITED: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Section 10 of Chapter 2, Title IX, be
amended as follows:
9 -2 -10: CANINES RUNNING AT LARGE PROHIBITED: it shal b e
owns, keeps er- te 1- 9 at �apea the
c is lieensed ar =et
9 -2 -10: CANINES RUNNING AT LARGE PROHIBITED: Any person w ho
owns a canine found to be at large upon the roads,
st reets or alleys of the City or in any public plac
of the City or upon any premises other than his ow
is responsible for this canine and shall be guilty o
a m isdemeanor. This applies whether the canine i
licensed or not _
Section 2. That Section 11, of Chapter 2, Title IX be
amended as follows:
9 - 2 - 11: ANIMALS RUNNING AT LARGE PROHIBITED: 13
'e -r = ted to .rum a tar- ge -i..n- the -C...a axe'
a = t - one to h -da „ -r ate. >o - a-ny-- a- n�ma-l- hr- ou- gh- -t-h -e -CA-ty
�:. I e ss- ...sur -az
any -_ a- l -O-f-f- ice -r--- o-f-- the - -- City--- to- _sel -ze -anal
mul- es- ; - donkaysro -s,
wani at 3 a- r-ge -ith3n the - -Oil.
9 -2 -11: ANIMALS RUNNING AT LARGE PROHIBITED: Owners o f
animals found at large in the City at any time
e year s all - Fie g of a m isdemea nor. one
- - -- - - - - --
who herds or drives a ny animal through the Cit
without having sa anima unde control by means o
rope, strap or oth devi by w hich it may be l ed ' ,
unless such animal is bein d ri v en in h arness or
hauled is guilty of a misdemeanor. It is hereby made
ana snaLi oe zne auty or any Anrmai c:ontroi urricei
of the City to seize and i any and all ho
mules, donkey burros, cattle, sheep, go ats, llamas
buffalo or p igs _found running _at large within the
Provided; this Chapter shall not be construed as
Book 33
Pago 85
prohihiting stockmen from driving herds through the
City whe-n, neces�sary to transfer them from one pasture
to another or for the purpose of shipping, but such
stockmen so driving stoci< through the City shall be
liable to property owners for all damages done to
their property by such stook while being driven
through the C!-,ty, whether cr not such damage is
caused by the negligence of the said stockman or his
ag 4s. S=h stock shall be driven through the City
in Es short a time possicle.
MOVED wy Raymond, SECONDED by Houchins to waive the rule
reauiring that a bill be read at three separate times and
that Bill No. 11 be pass&:, after reading in
Roll call vote- Those voting yes" Raymond, Czuna, Nancolas,
Carpenter, and HouchinY, Those voting no: nonce. Absent and
not voting, Murdoch.
MOTION CARRIED
MOVED by Raymon0 SECONDED by Nouchins that Bill No. 11 be
passed ani entitled Ordir=ce No. 1947.
Roll call vote, Those voting yes. 7, Ozuna, ',X
Carpenter, and T-Touchins., These voting no: none. Absent and
not vot-'-r.g: Muroioch.
MOTION CARRIED
(CONS 1DERZ% ON OF - - ,- kND ACQUISITIO -- KING 07 CLUBS)
Mayor Daka infc2:_ Cou than, the Ci' was very close to
having this project compietely settled. He then requested
that the City Attorney give a brief report on the backgrounra
information concerning -he King of Clubs.
Mr. Morrc the CJ-ty Attorney, explained that there has been
a long and enduring, process of trying. to put the title of the
King of Clubs into the City's name. This startet with a
transfer from an individual pursuant to a plea bargain with
the Canyon County Prosecuting Attorney's Office which gave
the City partial c7nership in the King of Clubs. Subsequent
to that, otter individuals who were being prosecuted with
varying interest whether fee interest or security interest
agreed to give the City their interest in the property.
However, one individual, Sharon Shaw, had no agreement and
went to trial and lost, but cant -i n to maintain a security
interest in the King of Clubs - property. Sh� had an
outstanding note in her favor of some S40,000 which was in
default and could have allowed her to foreclose on the King
of Clubs. Mr. morrow furthsr stated that it was his
understanding that the Chief of Police has negotiated with
Ms. Shaw to purchase her interest in the security interest in
the K=7 of Clubs for 84,000. With the City purchasing that
and with Mr. Ochoa and Mr. Stacy conveying their inter,-e in
the near Tuture, the City should own a clear title to the
Bang of Clubs property. The purpce8 at this time v, be to
agree or disagree to the Sharon Shaw acquisition.
The May= further informed Council that along with this, the
City ended up with some interest in the Brick Oven which was
not anticipated. The recommendation. was to clear the King of
Clubs with the $4,CCO and then the proceeds of the sale of
the City's portion of the Brick Oven would replace that
money.
Mr. Mcrrc further stated that he thought the process
invo- the acquisition of the King of Clubs would be
fcrthco in the near future.
MG`= by N,ancolas, SECONDED by RF�ymond that the City proceed
with the recommendation and settle the King of Clubs issue
with the expenditure of 8n,000 from the General Fund
Book 33
Page 86
Contingency and also with the understanding that it will be
paid back from the sale of the Brick Overn.
Roll call vote. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none.
Absent and not voting: Murdoch.
MOTION CARRIED
(APPOINTMENT TO THE LIBRARY BOARD)
Councilman Nancolas stated that the Library Board of Trustees
has regretfully accepted the resignation of Scott Bolton, who
has served on the Board. The Board has recommended and
spoken with Ann Day, 1608 Everett Street, to complete Mr.
Bolton's term. Ms. Day is a teacher at Washington School and
has agreed to allow her name to be submitted.
Therefore, Councilman Nancolas said he would MOVE, and it was
SECONDED by Carpenter that the name of Ann Day be presented
to the Council for appointment to the Library Board.
Roll call vote. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none.
Absent and not voting: Murdoch.
MOTION CARRIED
(BILL NO. 12 - AMEND THE MUNICIPAL CODE PERTAINING TO THE
APPOINTMENT OF A BUILDING OFFICIAL)
Mayor Dakan read Bill No. 12 in full as follows:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, STATE OF IDAHO, BY DELETING CERTAIN LANGUAGE
IN TITLE I, CHAPTER 7, SECTION 1 PERTAINING TO APPOINTED
OFFICERS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER
OR PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Section 1 of Chapter 7, Title I, be
amended as follows:
1- 7- 1:APPOINTMENTS: The Mayor shall appoint, subject to the
approval of the majority of the full City Council: a
City Clerk, Deputy City Clerk, City Attorney, City
Engineer and Public Works Director, Planning and Zoning
Director, Police Chief, Fire Chief, City Treasurer and
Finance Director, 1, Stadium Manager,
Administrative /Personnel Officer and Parks and
Recreation Director. The Mayor may appoint, subject to
approval by a majority of the full City Council, such
other officers as may be deemed necessary for the
efficient operation of the business of the Municipality.
Councilman Nancolas asked the Mayor if there was any reason
why this Bill should not be passed on the first reading by
waiving the rules requiring that a Bill be read at three
separate times and be read in full for one reading.
The Administrative /Personnel Officer informed Council that it
was entirely their decision. The City was now in the process
of recruiting a Building Official at this time and hope to
make an offer by the end of the week. Hopefully, there will
be someone on duty by the first or second week in May.
Therefore, the passage of the Bill would fit in with the time
schedule.
MOVED by Nancolas, SECONDED by Ozuna to waive the rule
requiring that a Bill be read at three separate times and
that Bill No. 12 be passed after the one reading in full.
Book 33
Page "7
Rol 1 Cal 11. vote- Those -voting t'-es: Nancolas, Carpenter,
Houc,hins, aaymonf, and ozuna. Those voting , ao: none.
Absa_i" and nct voting° Murc-'o.-h.
MOTION CARRIED
MO ED by ^ncolas,. SECON"D2D by 3zuna that Bi No. 12 be
and e Ordinance 1948.
Roll call vote:. Thos- voting yes: Nancol'as, Carpenter,
Hc Raymcnd., arZ Ozuna. Those Voting no: n
Abs and of voting: M(,=�zoch.
MOTION CARRIED
(BILL ) 13 -- AMEND 'T'HE MUNICIPAL CODE PERTAINING TO BUIL
OFFICITJ JOB D7S.CRIPTION BY REP' CHAPTER it OF TITLE I)
Mayor Dakan el that Bill No. 13 was in coni
w Bill No. 12 a it t that portion of the Code
pe-taining to the Build,] -nq Off al Jo_' Description. The
May;,.) read `_T')e Bill in full as follows:
'
ORDINANCE AMEND CODE OF THE TTY OF THE MUNICT
CAL. STATE ".7 IDAHO BY REPFALING CHAPTER 11 OF
TIT T- I OF THE Cl 7 CCD PERTAINING TO BUILD
OFFICTA'-.;: REPEALING MAIL ORD RESOLUTIONS, 0PDT-_
CR PARTS THEREOF IN CON, �7
HE- _ .�..WITH.
D 7T ORDA"'NED BY HE MA"r0;7 AND COUNCIL 07 THE C OF
CA ZOUNTY OF CANY07,. STATE OF IDAHO
�ectic- ' I. Tha` Chap tol 11 of Tit .1 of the M n icipa ',
Code the "'?_ty of Caldwa Canyon County, I!0,aho be
repealed,
S 2. All o. or Parts of crdina�ces
inc=sistenc herewi are Inereby rapoaled.
, action 3. This ordinance shall be in full force and
effect and after passage, approval, and pubilication
according to law.
MOVED by Nncolas, SECONDED by 07una to waive the rule
requir thst a Bill be read, at °thee separate times and
that B7 No. be pas .ad after the =-_, reading in
I --- __ £u3.'_
Rc3. call Grote. -hose - �7cting yss:
Nancolas, Car
Houc~ Raymond, and 07_una. T" voting no none
Absen and no"- voting. Murdoch,
MOTION CARRIED
MOV by Na,,olas, SECONDE by that nil 1 1 13 bc-',
passec. ^nd en i t1led 0-- 7 1949,
Rc1.l Vote. Those. 'noting yes: Nancoias, Carpenter,
Ho 1.) ,aymonc1, and Tuna. Those voting no: no e.
Abse, -' and n.o'l votinc' Murdoch.
MOTION CARRIED
(FINANC. REP 07,
Counc 7-woman Carpenter reported that there was cua
accounts payable in th, amount of $234,467.20 and a pay-roll
of 8156,34189 fc-,,- the fol,y.r weeks ended 4/17/92.
It MOVE7 by CaT SECONDED by Raymond - Zl - hat thc-
accou payable in tt amour,- of $234,467.20 represented by
checks nl tuber 24 1-J. 24775 and a payroll fc):-T the
amount ofF $156,341.89 by checks number 3
throl�qh 373''3 be accepted `rhe bi -I Is Paid, and 'Che vouchers
filet _`-n the Cffice of the Ci�.v Cler
Rol 1 ca - .' :_ vote.. Thos Voting, yes: Carpenter, HOUCInins,
Book 33 Page 88
Raymond, Ozuna, and Nancolas. Those voting no: none.
Absent and not voting: Murdoch.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor informed the audience that this was the time set
for anyone desiring to do so could speak to the Members of
the City Council.
John Tegge, 610 South 3rd Street, was recognized by the Mayor
and commented with regard to the American Disabilities Act
which was discussed during the New Business on this Agenda.
John Pilote, 623 Main Street, was recognized and informed
Council that he would like to call attention to the
deteriorating buildings along Main Street. Mr. Pilote further
stated that he felt some of this was caused by age, but he
also felt that the speed of the trains going through town was
causing some of the deterioration. He suggested that the
City consider requesting that the trains slow down going
through town.
(COMMITTEE REPORTS)
Councilwoman Carpenter reminded everyone of the Centennial
Band Concert at Jewett Auditorium the next evening at 8:00
p.m.
Councilman Raymond reported that the Caldwell Community Civic
Building Association, the group from the Armory that rents
tables and chairs. Through the years, this group has
donated money back to various community activities. Last
week at their annual meeting, the decision was made to donate
$1,000 to the 4 -C's Committee for the Marjorie Bushnell
Center and $5,000 to the Greenbelt, specifically for pathways
for the extension of the greenbelt around Rotary Lake.
Councilman Ozuna reminded everyone of Cinco de Mayo on May
2nd at the Park and the golf tournament to be held on May
3rd. He also stated that U.S. West donated $5,000 for the
golf tournament.
Councilman Nancolas commented that the City needs to put a
committee together to overhaul the Employee Policy Manual.
(MAYOR'S COMMENTS)
Mayor Dakan informed Council that he has been requested to
serve on a panel for the National Criminal Justice Annual
Meeting to be held in Coeur D'Alene. He explained that his
selection to serve on this panel was due to the grants
received by Caldwell and in recognition of the Police
Department's accomplishments in dealing with drugs, youth,
and family intervention. The selection came from Washington,
D. C. through the Conference of Governors and the National
League of Cities.
The Mayor also mentioned Cinco de Mayo on May 2nd and the
Caldwell Clean up on May 16th. He also commented that more
people were taking part in the activities in town.
(ADJOURNMENT)
MOVED by Ozuna, SECONDED by Carpenter that since there was no
further business, the Meeting be adjourned at 8:15 p.m.
Roll call vote_ Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no: none.
Absent and not voting: Murdoch.
MOTION CARRIED
Book 33
APPRO ID AS writtei THIS 4th - 11 7 :aY OF May 1992,
F� 89
yor
- L , .c i 1 p e r s n
coupe.il
Councilperson
ATTEST:
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City CI'6r-,k