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HomeMy WebLinkAbout1983-06-14city council minutesBook 24 REGULAR MEETING June 14, 1983 12:00 Noon Page 146 The Meeting was called to order by Acting Mayor Jack Raymond. The Acting 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: L. Carter, J. Carter, Mallea, Betts, and Cowles. Absent: none. (AUDIENCE PARTICIPATION) The Acting Mayor inquired as to whether there was anyone from the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Since there was no one, he declared that the Meeting would continue as outlined. OLD BUSINESS (ORDINANCE ON YARD SALES) The Acting Mayor stated that the first item under Old Business was the proposed Ordinance on yard sales. The City Council was given copies of this Bill and it appeared to him that it contained basically the same items as discussed at the last Council Meeting. He would ask the City Council what action they would care to take on this Bill at this time. Councilman L. Carter stated that he would like to have this Bill receive more public input and would suggest that action be delayed until that time. Councilman Betts commented that they could go ahead and have the first reading and would not have to pass it until the third reading. In the meantime, public input could be received. Councilman J. Carter agreed with Councilman L. Carter in that he would like to have more input on she Bill. He wondered if there wasn't some other way to move on this problem rather than restricting everyone for the few who were out of hand. Councilman Cowles said that he would just as soon reject the Bill at this time as there was just too many things to consider such as the enforcement of such an Ordinance. It was MOVED by Cowles, SECONDED by L. Carter that this Brill be rejected. Councilman L. Carter further said that he felt there was other Ordinances in the Code to cover this problem with respect to use of the sales such as the junk ordinance. It was his feeling that the Bill should be rejected. The City Council discussed this item at some length. Councilman Betts pointed out that if some of the Council wanted more time for input, to vote to reject the Bill would not allow the input from the public. If it was accepted as the first reading, it means nothing as far as the passage of the Ordinance, but would give the Council time to receive ]'_nput to see if there was other portions of the Code that would handle the problem. The Acting Mayor stated that as he understood the motion, it was to not give further consideration to the yard sale ordinance at this time. A roll call vote was called for. Those voting yes: Cowles, L. Carter, J. Carter. Those voting no:: Mallea and Betts. Absent and not voting: none. The Acting Mayor Raymond stated that he would like to exercise his option to vote on the motion and would cast a no vote. The motion did not carry. Boole 24 MOTION DENIED Page 147 The Acting Mayor explained that he was not sure at this time if it were actually the third reading of this Bill how he would vote. He did want more public input as it was something to be concerned about. There would be no further input if the City Council did not continue to tall-, about it. Councilwoman Mallea also stated that she had not decided on a vote either. This was requested by the Police Department and in her opinion they must have serious reasons for doing so. She - would like to hear not only from the Police Department, but also from other people involved. Councilman L. Carter said that he was aware that there was some abuses of the yard sales, but as he stated before he felt there was other portions of - the Code that could handle the problems. He would, however, go along with consideration of the third reading. The Acting Mayor read 'gill No. 11 by title only as follows: AN ORDINANCE AMENDING TITLE IV, CHAPTER 17, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO, RELATING TO MISCELLANEOUS LICENSES BY ADDING A NEW SECTION 14 (A) PERTAINING TO YARD SALES, PERMIT REQUIRED; AND SECTION 14 (B) PERTAINING TO YARD SALES, RESTRICTIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS HEREOF IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. It was MOVED by Betts, SECONDED by Mallea that this be the first reading of Bill No. 11. Roll call vote. Those voting yes: Betts, Mallea. Those voting no: Cowles, L. Carter,, and J. Carter. Absent and not voting: none. The Acting Mayor stated that he would exercise his option and vote yes. The motion was denied and Bill No. 11 would not be considered as the first reading at this time. MOTION DENIED It was agreed that Bill_ No. 11 would be placed on the Agenda for the next Meeting for general discussion. (2ND READING OF BILL NO. 10 - PRETREATMENT ORDINANCE) The Acting Mayor stated that the first reading of this Bill was held at the last meeting and he would now read it for the second time by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING A NEW SECTION, TITLE 3, CHAPTER 4, SECTIONS 3 -4 -1 THROUGH 3 -4 -10, ESTABLISHING WASTEWATER PRETREATMENT REGULATIONS; THE PURPOSE AND POLICY, DEFINITIONS, REGULATIONS, GENERAL DISCHARGE PROHIBITIONS, LIMITATIONS ON WASTEWATER STRENGTH, ACCIDENTAL DISCHARGES, FEES, PURPOSE, CHARGES AND FEES, ADMINISTRATION, WASTEWATER DISCHARGERS, WASTEWATER DISCHARGE DATA DISCLOSURE, REPORTING REQUIREMENTS FOR DISCHARGER, MONITORING FACILITIES, INSPECTION AND SAMPLING, CONFIDENTIAL, INFORMATION, ENFORCEMENT, EMERGENCY SUSPENSION OF SERVICE AND WASTEWATER ACCEPTANCE FORMS, TERMINATION OF TREATMENT JUDICIAL PROCEEDINGS, SIGNIFICANT VIOLATIONS - ANNUAL - PUBLICATION, RIGHT OF APPEAR„ OPERATING UPSETS, PENALTIES, CIVIL PENALTIES, RECOVERY OF COSTS INCURRED BY THE AUTHORITY, FALSIFYING INFORMATION, RECORDS RETENTION, SEERABILITY AND CONFLICT OF WASTEWATER PRETREATMENT. MOVED by L. Carter, SECONDED by J. Carter that this be the second reading of Bill No. 10. Book 24 Page 148 Roll call vote. Those voting yes: L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SECOND READING OF BILL NO. 9 - SEWER ORDINANCE) The Acting Mayor stated that this was the time set for the second reading of Bill No. 9, the Sewer Ordinance and he would read that Bill by title only as follows: AN ORDINANCE REPEALING SECTIONS 3 -3 -20 THROUGH 3 -3--32 OF TITLE III, CHAPTER 3, OF THE CODE OF THE CITY OF CALDWELL, IDAHO, STATE OF IDAHO, RELATING TO WATER AND SEWER DEPARTMENT AND ADDING A NEW CHAPTER 3B OF TITLE III PROVIDING FOR SANITARY SEWER SYSTEM; DEFINING AVAILABLE SANITARY SEWER SERVICES; EXPLAINING HOW TO REQUEST SANITARY SEWER SERVICES AND CONNECTIONS; ESTABLISHING RULES AND REGULATIONS; ESTABLISHING POWERS AND AUTHORITY OF THE CITY; PROVIDING FOR FIXING CHARGES, USER RATES, OR FEES FOR SERVICES AND PROVIDING FOR THEIR COLLECTION; PROVIDING PENALTIES FOR VIOLATION OF RULES AND REGULATIONS, PROVIDING THAT SEWER USER NOT SUPPLIED BY THE CITY OF CALDWELL WATER DEPARTMENT SHALL INSTALL AND MAINTAIN A WATER METER CAPABLE OF MEASURING THE TOTAL GALLONS OR CUBIC FEET OF WATER BEING USED AND FOR WAIVER OF SUCH REQUIREMENT IN CERTAIN INSTANCES; PROVIDING FOR TH.E DISCONTINUANCE OF DOMES'T'IC WATER SERVICE FOR THE NONPAYMENT OF SEWER CHARGES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. MOVED by Cowles, SECONDED by L. Carter that this be considered the second reading of Bill No. 9 Roll call vote. Those voting yes: Cowles, L. Carter, J. Carter, Mallea, and Betts. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mr. Bill Gilbert was recognized and stated that he would like to speak to the City Council with regard to this Bill. The Acting Mayor informed Mr. Gilbert that he could speak, but he would allow him only five minutes of the Council's time. Mr. Gilbert addressed the City Council expressing his concern with that portion of the Bill which mandated that they have to hook to the sewer. (RESOLUTION ESTABLISHING INTERCEPTOR SEWER FEES FOR EAST CLEVELAND) The Acting Mayor informed the City Council that this item would be delayed at the request of the City Attorney. The City Engineer was working with some people from Miracle Mile, they have copies of the Resolution, and he would like to wait until they have had time to review it. It was also inappropriate to pass the Resolution until the Sewer Ordinance was in effect. Mr. Gary Lasher was recognized and stated that he had quite a bit _ of property out that way which would be effected. The main thing that concerned him was also the mandate with regard to hooking up to the sewer. Also, the construction of the lines was a concern to him. NEW BUSINESS (LETTER FROM LANSING HAYNES) The Acting Mayor read the following letter addressed to Chief Dormois from Lansing, L. Haynes, Deputy Prosecuting Attorney: Book 24 Page 149 On May 25th and 26th, we prosecuted a certain party on three charges of First Degree Burglary and Grand Theft, the jury returning convictions on both. Throughout the preparation of this case, from its initial filing to the trial itself, I 'had the pleasure of working with Detective Ed Hagan who conducted the investigation. I depended on Detective Hagan for numerous items of follow up investigation and trial preparation, and .found his attitude and work pleasant, thorough and competent in all respects. In short, Ed Hagan did commendable work for me on this case and was an outstanding representative of the Caldwell Police Department before a jury from this community. So often it is the "squeaky" wheel that gets the attention, which is why I am taking a moment to inform you of detective Hagan's exemplary work in this matter. I look forward to working with him and your agency on future cases. Acting Mayor stated that this was just for the Council's information. (PIONEER IRRIGATION CONTRACT - RESOLUTION NO. 14 -83) The Acting Mayor explained that this was the Contract from Pioneer Irrigation District which requires them to deliver so much water for irrigation purposes at specific locations. This was to be acted on each year He read the Resolution as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERI{ TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND PIONEER IRRIGATION DISTRICT. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same herey are, authorized to execute that certain Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Pioneer Irrigation District. MOVED by Betts, SECONDED by Mallea that Resolution No. 14-83 be passed authorizing the Mayor and City Clerk to execute - the Agreement with Pioneer Irrigation District. Roll call vote. Those voting yes: Betts, Cowles, L. Carter, J. Carter, and Mallea. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPOINTMENT OF DEPUTY CITY CLERK - CARLA HINKLE) The Acting Mayor stated that the next item of business was the Oath of Office to the Deputy City Clerk. He further stated that Carla had successfully completed her six month probationary period and the Acting Mayor statE!d that he would appoint Carla Hinkle as Deputy City Clerk and would ask for a vote of approval. MOVED by Mallea, SECONDED by Cowles that Carla Hinkle be appointed as Deputy City Clerk. MOTION CARRIED (ITEMS WITHDRAWN FROM THE AGENDA) The Acting Mayor reported to the City Council that the City Engineer requested that the Maintenance Agreement for all State routes and the Tenth Street Over Pass Agreement be withdrawn from the Agenda at this time. Mr. Redmond explained that these two items were connected and he did not want action on them until the issue was resolved with regard to the Tenth Street Overpass. Book 24 Page 150 (SET HEARING ON CORRECTION TO SIGN CODE FOR JULY 5TH) Mrs. Robison informed the City Council that she did distribute copies of the proposed amendment to them. In the R -1 and R -2 zones, special use is permitted and signs are permitted for those. There evidently was an omission in the original transcript of the zoning regulations which left out illuminated signs to be prohibited in R -1 and R -2 zones. This was a correction that should be made. The Planning and Zoning Commission held a public hearing and it would be necessary for the City Council to have a hearing. The Acting Mayor then established July 5th as the time for this Public Hearing. (ORDINANCE AMENDING A LEGAL DESCRIPTION) Mrs. Robison explained that the description furnished to the City by the Bank for the vacation of the alley in the Bank Building Block had a slight error in it. it was, therefore, necessary to correct all of the documents involved. There was a West stated that should have been an East. The Acting Mayor read Bill No. 12 by title only as follows: AN ORDINANCE TO CORRECT A LEGAL DESCRIPTION AS PUBLISHED IN BILL 16, ORDINANCE NO. 1628, PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, AUGUST 10, 1982, WHICH ORDINANCE IS RECITED IN FULL AS .FOLLOWS WITH THE CORRECTED LEGAL DESCRIPTION MOVED by L. Carter, SECONDED by J. Carter that the Council suspend the rule requiring the reading of a Ball three times and that the Bill be read one time by title only. Roll call vote. Those voting yes,: L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by L. Carter, SECONDED by J. Cartier that Bill No. 12 be passed and entitled Ordinance No. 1647. Roll call vote. Those voting yes: L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea informed the City Council that she had a request from the Finance Committee to seek approval from the Council for the transfer of $31.25 from the Contingency Fund to pay for a historical article. MOVED by Mallea, SECONDED by J. Carter that approval be given for this payment as submitted. MOTION CARRIED Councilwoman Mallea further commented that she had arranged for a tentative Finance Meeting at 4:15 that afternoon and received only one confirmation for this meeting. She would, therefore, assume that the meeting would be postponed. Book 24 Page 151 Members of the City Council stated that they would all be available for this meeting as they were under the impression that they were to confirm at the time of the present Meeting. Councilwoman Mallea then stated that the meeting would be held at 4:15. Councilman L. Carter reported that he met with the Golf Board and it was a routine meeting. Councilman Cowles stated that he had a call from KBNY from Nampa requesting that he contact the City Council as they were doing a Centennial salute to the City of Caldwell courtesy of Stein Distributing. If interested, they are to call and the Council members would be asked to read some of the salutes that they have received. Councilman Cowles also informed the Council of applications he had with regard to the Bugtown Centennial Run. If interested in signing up, he would have these applications. Also, the Centennial coins were now on sale and if anyone has a specific number of coin, they weree to contact Larry Goolsby at the Bank. He also reported that the swimming passes and the minature golf were both doing very well. (MAYOR'S COMMENTS) (REQUEST FOR BEER LICENSE - AMERICAN PETROLEUM CO. The Acting Mayor stated that there was an application submitted for a packaged beer license from William D. Weivoda at American Petroleum Company Station, 401 North Tenth. There was a letter from the Chief of Police stating that Mr. Weivoda did have his State and County licenses and Mr. Weivoda has no criminal record which would preclude the granting of a City License to sell beer at his service station. His fee was paid to the Office of the City Clerk and everything seemed to be in order. MOVED by L. Carter, SECONDED by Betts that approval be given for this new license to sell packaged beer as presented. The Acting Mayor requested a roll call vote on this motion. Those voting yes: L. Carter, J. Carter, Mallea. Those voting no: none. Abstain: Betts and Cowles. Absent and not voting: none. MOTION CARRIED Alta Williams called the Acting Mayor and asked him to inform the City Council that the Friends of the Library Luncheon was to be June 20th. The Acting Mayor also reminded the City Council of the presentation of the Monolith from the Eagles to the City of Caldwell that afternoon at 3 :00 p.m. He also read a short background with regard to the Monolith for the Council's information. There being no further business, the Meeting was adjourned at 12:40 p.m. APPROVED AS writt 1983. Councilperson Council erson ._ Councilperson ATTEST: THIS 21st DAY or June Ma Z ar -= ' -- ril/bunci p rson Councilperson Councilperson City Clerk