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HomeMy WebLinkAbout1989-06-05city council minutesBook 30 Page 113 REGULAR MEETING June 5, 1989 7:30 p.m. The Meeting was called to order by Mayor Pete Cowles. 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: Winder, Houch.ins, Mallea, Jarboe, and Straight. Absent: Raymond. (ADDITIONS TO THE AGENDA) Mayor Cowles stated that he would like to add four Catering Permits for consideration by the City Council under the Consent Calendar. This request was shared with the Members of the City Council during the Pre - Counoil Meeting. The Mayor reminded the audience that they were invited to attend this Pre - Council Meeting. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council at this time with regard to any item that was not included on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. CONSENT CALENDAR The Mayor presented the items on the Consent Calendar as follows: To dispense with the reading of the minutes of the Regular City Council Meeting of May 15, 1989, and approve them as written: Acceptance of the minutes of the Aviation Commission Meeting of May 4, 1989; Historic Preservation Commission minutes of May 4, 1989; and Planning and Zoning Commission minutes from May 18, 1 and May 24, 1989: and approval of Catering Permits for The Corral to cater at O'Connor Fieldhouse for Reyna Dance on June 11th and the 18th, the Banjo Festival on the 17th, and a wedding on June 24th: Acceptance of the Economic Development Report. MOVED by Mallea, SECONDED by Straight to dispense with the reading of the minutes of the Regular City Council Meeting of May 15, 1878; acceptance of the minutes of the Boards and Commissions as presented; and approval of the four Catering Permits as stated by the Mayor; and acceptance of the Economic Development Report. Roll call vote. Those voting yes: Mallea, Jarboe, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 15 - VACATION OF SHAVER TRIANGLE) The Mayor explained that this was the time established for the second reading of Bill No. 15, the vacation of Shaver Triangle. He then asked Councilwoman Straight to read Bill No. 15 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION, RECITING APPROPRIATE NOTICE THEREFOR 'WAS GIVEN, AND DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, SAID PROPERTY BEING A SECTION OF SHAVER AVENUE IN THE CITY OF CALDWELL, IDAHO; MOVED by Straight, SECONDED by Mallea that this be considered Book 30 Page 114 the second reading of Bill No. 15. MOTION CARRIED (BILL NO. 17 - VACATE OREGON BETWEEN MAPLE AND WALNUT) Councilwoman Straight read Bill. No. 17 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION OF AN UNOPENED SECTION OF OREGON AVENUE AND PORTIONS OF MAPLE AND WALNUT STREETS IN CALDWELL, CANYON COUNTY, IDAHO, AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT NO OBJECTIONS TO SAID VACATION HAVE BEEN MADE OR FILED; DETERMINING THAT VACATION OF SAID RIGHT OF WAY IS IN THE BEST ]PUBLIC INTEREST; PROVIDING THAT TITLE TO SAID RIGHT OF WAY SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS; RETAINING EASEMENT RIGHTS IN THE AREA, IF ANY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. MOVED by Straight, SECONDED by Mal.lea that this be considered the second reading of Bill No. 17. MOTION CARRIED (FIRST READING OF BILL NO. 13 - REPEAL CITY CODE PERTAINING TO OPEN CONTAINER) The memo to the City Council explaining the next two Bills was as follows: At the first meeting in April, the Council passed several ordinances pertaining to the clean up of Caldwell. As part of those original ordinances, we introduced an ordinance prohibiting open alcoholic containers in City right of way This is designed to prevent discarding of containers in the streets and elsewhere. Wording of the original ordinance was awkward. The ordinance has now been rewritten twice and is before you and clarifies recreation areas versus City parks. It has been reviewed by Staff and the City Attorney. Please note there are two ordinances. One, Bill No. 13, repeals the Section in the Code now addressing open containers in our parks. The second addresses a new Bill referring strictly to open containers City wide. Councilman Winder read Bill No. 13 in full as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING SECTION 25, CHAPTER 9, OF TITLE XI OF THE CITY CODE REGARDING PARKING ON MUNICIPALLY OWNED PARKING LOTS OR AREAS 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 25, of Chapter 9, Title XI of the Municipal Code of the City of Caldwell, Canyon County, Idaho, be repealed. Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. MOVED by Winder, SECONDED by Houchins that this be considered the first reading of Bill No. 13 MOTION CARRIED Book 30 Page 115 (FIRST READING OF BILL NO. 14 - ADD NEW CHAPTER REGARDING POSSESSION OF OPEN CONTAINER) Councilman Houchins read Bill No. 14 by title only as follows: AN ORDINANCE TO AMEND TITLE IX OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH WILL BE DESIGNED AS CHAPTER 11 OF SAID TITLE IX REGARDING POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC BEVERAGE IN PUBLIC PLACES: PROVIDING DEFINITION, POSSESSION OF OPEN CONTAINER, AND EXCEPTIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Winder, SECONDED by Houchins that this be considered the first reading of Bill No. 14. MOTION CARRIED (DECISION ON CONSOLIDATION OF POLICE AND FIRE DEPARTMENTS) Before any discussion, Mayor Cowles thanked those involved for their efforts, the long hours, the agreements, the disagreements, and providing the City Council with all of the information. It was now the responsibility of the City Council to determine policy. Therefore, he would ask for the Council to take action on this decision. Councilman Jarboe was recognized and stated that he would like to make a brief statement which was as follows: it seemed to him that the issue of consolidation has been a trying one to the City of Caldwell. The original intent of this effort was one of fact finding and the eventual development of a public safety system that was both efficient and cost effective. This intent, in my mind, has become a bit , clouded. As a member of the City Council, I expected to witness an orderly collection of data resulting in a single comprehensive document which coupled with my own personal inquiries would produce some clear choices for the people of Caldwell. I may be completely wrong, but I continue to believe that members of the Consolidation Committee originally shared this expectation. Unfortunately, when decisions have to be made, differences of opinion begin to surface. What could have been a research paper with lack of bias becomes an emotional spectacle complete with personal innuendoes, personal attacks, and attempts of retribution. Instead of one report, we now have two. Not only that, but we have testimony that contradicts either one or both of the reports received. If we are to assume, and I think we must, that all the players in this debate are honorable and that their contributions to the body of knowledge are indeed accurate, then we come up with almost nothing that can be considered factual. Nearly all points made are contested and it is no wonder we find our community somewhat divided on this issue. So what are the major issues here? In my mind, you can boil those issues down to just two; first, what sort of system creates the greatest degree of safety for those who live in our community; and secondly, how can we create such a system, how can we provide for the community the level of protection desired for the least amount of money. Based on the information we currently have at our disposal, there is absolutely no consensus of opinion on either of these questions. The only consensus I can find that is relevant to the issue of consolidation is on the consolidation of the 9- 1-1 service in the Courthouse. I have a great deal of respect for the Caldwell's Fire Department and for all of its employees. I also have a great deal of respect for our Police Department and our City's Administration. It is unfortunate that these three groups of extremely competent people couldn't sit down and hammer out a factual document without turf issues getting in the way. Book 30 Page 116 But, alas, that didn't happen. This issue, despite everything I have said, needs to be resolved and it needs to be resolved in a very positive way and in the best interests of Caldwell's citizens. Given the sort of information this Council has at its disposal at this time, I don't believe that can be done. I have, therefore, fashioned a motion that I believe addresses the problem. MOVED by Jarboe that a new Committee be formed to study the issue of consolidation; that this Committee be made up of the Mayor, the Fire Chief, the President of the Firefighter's Vocal, the Police Chief, and a Police Officer to be elected by the rank and file; further, that this Committee will submit a single report, representing group consensus on relevant data on or before September 1, 1989; if, by this date, such a report is not forthcoming, an independent contracting source will be engaged by the City to gather data and compile a report independent of prior Committee members or their designees or affiliates. SECONDED by Mallea. Councilwoman Mallea suggested that the President of the City Council be included on the Committee. The Mayor also asked for clarification as to including the Fire Chief when there was not one at this time. Mr. Jarboe agreed that the President of the City Council should be on the Committee and stated that the Acting :Fire Chief would be appropriate. Councilman Winder stated that there has not been very many times that the Council has had a clear consensus laid out to make a decision from. He did not believe that a consensus has to be given to the Council; we are the ones who have to make the consensus once the data is presented. Mr. Winder further said that he felt enough time has been spent on this issue. He also commented that it was Councilman Jarboe who wanted it to come to a timely conclusion and suggested June 5th as that time for a decision. Therefore, Mr. Winder said he would like to see the Council make some kind of a determination and could not support Councilman Jarboe's motion. Councilman Jarboe responded saying that he has access to the same information as everyone else. He agreed that it was his idea to press the issue to make sure that there was a vote taken one way or the other at tonight's meeting. Knowing that, Mr. Jarboe stated that he went over all the information received over the last - two years and he could only find one component of the argument on which there was not contradiction. When dealing with scores of issues, he did not know how to determine which were factual and which were not. The Council was dealing with people who all have their points of view and are trying to express those points. Unfortunately, all of those people whom we trust are giving the Council different facts and figures. Therefore, it was difficult to make a comfortable decision and he would prefer proceeding as indicated in his motion. Councilwoman Mallea was recognized and stated that she had problems with the report as well. She discussed the Consolidation with both Departments and they indicated that they did not want to do it piecemeal. It was their opinion that it would have to be done very strongly or cannot be done at all. Mrs. Mallea. further said that if the Council determined to proceed with Consolidation, she wanted the Administration to be completely committed to making it succeed. Although she had not considered another Committee, she would be very interested in hearing comments from the other Council members. Councilman Winder was recognized and stated that he was disappointed when the Fire Department did not complete the Report. He felt this was one of the reasons for the problems at this time. Caldwell. does not have many opportunities to make forward reaching steps in Administration. This Book 30 Page 117 opportunity was available now because of the vacancy in the Fire Chief's position. Mr. Winder stated that he was not suggesting that the Council should accept the Committee's Report completely. He would like to see acceptance of the Dispatch portion and the equipment and training portion should be addressed during the budget procedure. He would certainly not support cross training of Fire and Police Officers. The volunteer questions should be worked out between the Administration and the Fire Department as to how to adequately serve the community,. Basically, the community has indicated that they want the best service possible with the monies available. The only other way to proceed would be to appoint a Public Safety Director which would enable consolidation of the two Departments from an Administrative standpoint. Councilman Houchins stated that he would agree with Councilman Winder. He could see nothing gained by not making a decision tonight as there would never be complete agreement on any of the issues involved. Enough information was furnished to enable the Council to ascertain how the principals feel about the issue. Mr. Houchins said that he could not support cross training in Caldwell at this time. Councilwoman Straight was recognized and said she could not believe that there was anyone involved who cared to form another Committee. She agreed that the only portion everyone concurred with was regarding the 9-1 -1. To proceed with that was certainly a beginning. Ms. Straight also stated that she did not agree with the cross training process at this time. With regard to the Public Safety Director, she did not believe it was meant to be a Fireman or a Policeman, but should be an Administrator with knowledge of both areas. She would support the 9 -1 -1 which she felt opened the doors for possible consolidation. The City Council continued discussing this issue at some length. Councilman Winder stated that he would hope that the City Council would vote this motion down. The Council could then go through the report item by item and either accept or reject. After Councilman Jarboe repeated his motion, the Mayor asked for a roll call vote. Those voting yes: Jarboe and Mallea. Those voting no: Straight, Winder, and Houchins. Absent and not voting: Raymond. MOTION DENIED It was then MOVED by Winder, SECONDED by Houchins that the City discuss this Report in sections; The first motion would be to accept the recommendation to Dispatch all Fire Units through the County 9 -1 -1 System and would like at some time to see that the Police Department is integrated as much into the System as possible. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Winder, SECONDED by Houchins that with regard to equipment; Leave this to the budgeting process and let that take care of the equipment. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Winder, SECONDED by Straight that with regard to volunteers; that the City Council leave this matter to Book 30 Page 118 consideration between the Mayor, the Administration, and the Fire Department as to how they handle the volunteer situation. If they feel that the volunteers are not an integral part of the Department or they need additional full time personnel, it should be made part of the budgeting process. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED With regard to the Item 4 on Training, it was MOVED by Winder, SECONDED by Straight that the Council go on record encouraging the budgeting process to provide training personnel (whether that be two personnel, one in each Department or whether it is one person who can train in both Departments), but that some provision be made for additional training in this budget year and there will be no cross training of personnel as a result of this motion. The City Council discussed this motion pointing out that there would be no formal cross training for first response, but that other training between the Departments would be encouraged. The Mayor then asked for a roll call vote on this motion. Those voting yes: Winder, Houchins, and Straight. Those voting no: Mallea and Jarboe. Absent and not voting: Raymond. MOTION CARRIED This tape is on file in the Office of the City Clerk for reference for a six month period. Regarding the item on Public Safety Director, it was MOVED by Winder that the City proceed to try to find a Public Safety Director and reorganization of the Departments be based on that individual. The motion died for lack of a second. MOVED by Houchins, SECONDED by Winder that the Mayor and the Administration be directed to start a search for a Fire Chief as soon as possible. Roll call vote. Those voting yes: Houchins, Mallea, Jarboe, Straight, and Winder. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED The Mayor asked for some clarification on records. The Administrative Assistant stated that since there was not to be a Public Safety Officer, the records should remain separate. Mayor Cowles asked for a five minute recess at 8:25 P.M. The Meeting was reconvened at 8:30 p.m. NEW BUSINESS (RESOLUTION OF INTENT TO CREATE L.I.D. 89 -1 - PRESSURIZED IRRIGATION SYSTEM) Mayor Cowles asked the City Engineer to comment on this item on the Agenda. Mr. Redmond stated that: this Resolution was very similar to the one passed several weeks ago. However, after the first one was passed, some errors were found in the apportionment of costs between the different classes. Therefore, it was felt that a new Resolution should be presented to the City Council at this time with the appropriate changes. Book 30 Page 119 At the request of the Council, Mr. Redmond pointed out the several changes explaining that the total dollar amount did not change. It was just how it was divided between the classes. The Mayor then requested that Councilman Jarboe read the title of the Resolution as follows: RESOLUTION DECLARING THE INTENTION OF THE CITY OF CALDWELL, OF CANYON COUNTY, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 89 -1, FOR THEPURPOSE OF ACQUIRING, CONSTRUCTING, AND INSTALLING CERTAIN IRRIGATION SYSTEM IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF THE PROPOSED IMPROVEMENT DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED FOR THE COSTS OF THE IMPROVEMENTS; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED AND THE ESTIMATED COSTS AND EXPENSES OF THE IMPROVEMENT; STATING THE PORTION OF THE TOTAL COST WHICH WILL BE PAID FROM A LEVY OF ASSESSMENTS ON PROPERTY BENEFITED BY THE IMPROVEMENTS AND THE PORTION WHICH WILL BE PAID FROM OTHER SOURCES; STATING THE METHOD OF DETERMINING ASSESSMENTS; FIXING THE TIME WITHIN WHICH AND THE PLACE AT WHICH PROTESTS SHALL BE FILED AND THE TIME AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER SUCH PROTESTS; REPEALING RESOLUTION NO. 29 -89, ADOPTED ON MAY 1, 1989; AND PROVIDING FOR OTHER MATTERS RELATING THERETO MOVED by Jarboe, SECONDED by Winder that Resolution No. 30 -89 declaring the intention of the City of Caldwell to create Local Improvement District No. 89 -1 be passed. Roll call vote. Those voting yes: Jarboe, Straight, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (MEMO REGARDING LAB TECH II - WASTEWATER TREATMENT PLANT) Mayor Cowles stated that information with regard to this item on the Agenda was given to the City Council members by memo. At this time, the Mayer asked for action from the Council. MOVED by Houchins, SECONDED by Mallea to approve the increase necessary to comply with the E.P.A. Regulations. Councilwoman Mallea explained that a member of the City Staff, one of the lab Technicians at the Wastewater Treatment Plant, is retiring. Because the Government regulations are more strict, the City is going to have to hire an inidividual with a State Lab Tech II License to replace this employee. This changes the Grade and salary of the position. Councilman Winder further stated that the alternative to hiring a person with the right qualifications, the lab work would have to be done in an approved laboratory which would be much more expensive than paying the increase in salary. MOTION CARRIED (PETITIONS TO REMOVE PROPERTY FROM CALDWELL MUNICIPAL IRRIGATION DISTRICT - HAROLD SAYLER AND PETER ROVINSKI) Mayor Cowles explained that two petitions were received for withdrawal from the Caldwell Municipal Irrigation District; one from Harold Sayler and the other from Peter or Elaine Rovinski. He asked that the Administrative Assistant present a brief summary of the petitions. Ms. Brandt stated that both of the properties are Commercial in the downtown area and are currently not receiving irrigation water although it is available to them. All irrigation tolls on these properties are paid in full. Everything seemed to be in order. Book 30 Page 120 MOVED by Houchins, SECONDED by Mallea that the requests be denied based on the fact that withdrawal could cause a negative financial impact on the Caldwell Municipal Irrigation District and could diminish the amount of water available to the Pioneer Irrigation District and further, that the petitions be referred to Pioneer Irrigation District for their final determination. MO'T'ION CARRIED (ARCHITECT DESIGN CONTRACT -- CALDWELL EVENTS CENTER) The Mayor reminded Council that a memo was submitted to them with reference to this :item. Mr. McConnaughey was present at the meeting and available for any questions at this time. Councilman Winder asked if it would be appropriate to discuss this item in an Executive Session. Mayor Cowles said that he did not believe it technically could be considered in an Executive Session. The Administrative Assistant stated that it would be appropriate for the City Council to postpone this item until further information was available. If the Council preferred, it could be postponed until budget time. MOVED by Mallea, SECONDED by Winder that the matter concerning the Architect Design be delayed until budget time for reports from the Caldwell Events Center Commission. Ms. Brandt further said they would like input as soon as possible from the Council. MOTION CARRIED (REQUEST FOR CONTINGENCY - ANIMAL CONTROL BUDGET) Councilman Winder stated that this was an item in last year's budget which was removed from the Police Department budget at the request of the Chief of Police since he was not going to be in direct control of the Animal Control situation. At the request of a member of the Council, it was determined that the money would remain in Contingency in the event that the City would not have to pay the fee. The City has been billed for it and therefore, it would be necessary to authorize that the money be taken from Contingency. MOVED by Winder, SECONDED by Straight that the money in the amount of $22,000 be approved from the General Contingency ]Fund for the Animal Control Services. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Straight asked if the Public Hearing on the Irrigation L.I.D. was to be on the 22nd of June. The City Engineer stated that this was correct. Ms. Straight also asked if any dates had been set for the budget workshops. After some discussion among Council members, the Administrative Assistant stated that she would call the members and work out a date satisfactory for everyone. Councilwoman Straight also asked the status of the Rodeo Lease. Ms. Brandt answered that she had a call placed to Mr. Betts. The only contact recently with the Board was when one member came by City Hall to get a copy of the amended Lease. Book 30 Page 121 Councilman Winder further said that he did talk with a member of the rodeo Board about a week ago. At that time, he understood that a Board Meeting was scheduled for tonight and they planned to discuss the Lease. Councilman Jarboe reported that the Grand Opening at Purple Sage for the new Clubhouse was held last Saturday. It was a success with many folks participating. Mr. Jarboe thanked everyone who contributed towards this successful opening. He also mentioned the memo from Laura Gamboa, the Chairman of the Golf Board, applauding the efforts of Gordy Crockett. The condition of the Purple Sage Golf Course was great and he should be commended. Fairview Golf Course was also in excellent condition and should not be overlooked. Councilwoman Mallea stated that a letter was received from Mr. Dick Renstrom which she would ask the Mayor to research with Staff. The City Council also received a communication from Donna Talley, the Finance Director. Mrs. Mallea requested that a recommendation from the Administration be submitted to members of the Council. Councilwoman Mallea informed the Council and the Mayor that the Second Annual Basque Golf Tournament will be held the first Saturday in June, 1990, at Purple Sage Golf Course. Councilman Jarboe stated that at the risk of sounding emotional, he would like to say that the proceedings this night and every night of a Council Meeting are ones that should be of great pleasure to all of us. In following the news, we are very fortunate to live in this Country. So many in the world are struggling to have this privilege and he felt very fortunate to be here. Mayor Cowles thanked the Press for their efforts at the Clubhouse dedication. There being no further business, the Meeting was adjourned at 9:10 P.M. written 19th June APPROVED AS THIS DAY OF 1989. Mayor Councilperson Counc' e o/ Councilperson C cil er o IL Councilperson Councilperson ATTEST: City Clerk �_