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HomeMy WebLinkAbout1989-09-25city council minutesBook 30 REGULAR MEETING September 25, 1989 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page 206 The Mayor requested a Boy Scout in the audience to lead the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Houchins, Mallea, and Jarboe. Absent: Winder and Straight. Council President Raymond reported that both Councilpersons, Winder and Straight, were out of town and unable to attend the meeting. (ADDITIONS TO THE AGENDA) The Mayor asked Council if there was any items to add or delete from the prepared Agenda. As there was none, the Mayor declared that the meeting would proceed as indicated on the Agenda. The Mayor asked the Boy Scouts, Troop 299, to stand and introduce themselves. He also invited any questions they might have with regard to the Meeting. (CONSENT CALENDAR) The Mayor presented the Consent Calendar as follows: To dispense with the reading of the minutes of the Regular City Council Meeting of September 5, 1989, and approve them as written; to accept the minutes of the Caldwell Library Board Meeting of August 3, 1989, and the Golf Board Meeting of September 13, 1989; approve Catering Permits for Victors to cater for the Idaho Cowhorse Association dinner on October 15th, Sundowner, Inc. to cater for the Chamber of Commerce Director's Reception on September 29th, and Northwest Food Service to cater at the College of Idaho for the Alumni Dinner on October 13th and the College of Idaho Hall of Fame on October 14th. MOVED by Jarboe, SECONDED by Houchins to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Jarboe, Raymond, Houchins, and Mallea. Those voting no: none. Absent and not voting: Winder and Straight. MOTION CARRIED (COMMENTS BY CAMILO LOPEZ) Camilo Lopez was recognized and requested an opportunity to speak to the Mayor and Council. Mr. Lopez stated that he would like to see the City of Caldwell plan a clean up this Fall. (APPOINTMENT OF FINANCE DIRECTOR AND PLANNING AND ZONING DIRECTOR) Mayor Cowles stated that this was the time established for the appointment of the Finance Director, Lisa Thompson, and the Planning and Zoning Director, Dennis Crooks. The Mayor introduced Lisa Thompson stating that she was from Caldwell. It was the Mayor's recommendation to the City Council that approval be given for her appointment at this time. MOVED by Raymond, SECONDED by Jarboe to accept the recommendation of the Mayor to appoint Lisa Thompson as Finance Director for the City of Caldwell. Book 30 Page 207 MOTION CARRIED Mayor Cowles presented the name of Dennis Crooks to the City Council for appointment as the Planning and Zoning Director. The Mayor explained that he would be in Caldwell in about ten days to assume the position. MOVED by Raymond, SECONDED by Houchins to accept the recommendation of the Mayor for the appointment of Dennis Crooks as the Planning and Zoning Director. MOTION CARRIED OLD BUSINESS (APPEARANCE OF MIKE GABLE) Due to the fact that Mr. Gable had not arrived, the Mayor stated that he would continue on with the Agenda. (SECOND READING OF BILL NO. 25 - CONFLICTING INTEREST AND WORK HOURS OF MAYOR) Mayor Cowles asked the Council President, Jack Raymond, to read Bill No. 25 by title only as follows: AN ORDINANCE TO AMEND TITLE I, CHAPTER 4, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO MAYOR BY DELETING AND ADDING LANGUAGE IN SECTION 3, REGARDING CONFLICTING INTERESTS AND SECTION 4, REGARDING WORK HOURS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor stated that this would be considered the second reading of Bill No. 25. (THIRD READING OF BILL NO. 27 - ADOPT BUILDING CODE) The Mayor stated that this was the time set for the third reading of Bill No. 27 pertaining to the Building Code. The Council President read this Bill by title only as follows: AN ORDINANCE TO AMEND TITLE V CHAPTER 1, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO BUILDING CODE BY ADDING AND DELETING LANGUAGE IN SECTION 1, PERTAINING TO ADOPTION OF BUILDING CODE; SECTION 3 PERTAIING TO ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AND CHAPTER 5, SECTION 1 PERTAINING TO UNIFORM HOUSING CODE ADOPTED: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. It was then MOVED by Raymond, SECONDED by Houchins to suspend the rule requiring that a Bill be read in full for one of the three readings and that Bill No. 27 be passed and entitled Ordinance No. 1827. Roll call vote. Those voting yes: Raymond, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Winder and Straight. MOTION CARRIED (THIRD READING OF BILL NO. 28 - AMEND CODE REGARDING FINANCE DIRECTOR'S JOB DESCRIPTION) The Council President read Bill No. 28 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY DELETING AND ADDING CERTAIN Boots 30 Page 208 LANGUAGE IN SECTIONS 2, 5, AND 6, CHAPTER 10, TITLE I PERTAINING. TO TREASURER AND FINANCE OFFICER GENERAL STATEMENT OF DUTIES, EXAMPLES OF DUTIES, REQUIRED STILLS, KNOWLEDGE AND ABILITIES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Raymond, SECONDED by Mallea to suspend the rule requiring that a Bill be read in full for one of the three readings and that Bill No. 28 be passed and entitled Ordinance No. 1823. Roll call vote. Those voting yes: Raymond, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Winder and Straight. MOTION CARRIED (THIRD READING OF BILL NO. 30 - CITY COUNCIL RUNNING FOR DESIGNATED SEATS) Council President Raymond read Bill No. 30 by title only as follows: AN ORDINANCE TO AMEND TITLE I, CHAPTER 5, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO COUNCIL BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTION 2, REGARDING REPRESENTATION: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor stated that this was the third reading of this Bill and he would ask Council to take action at this time. MOVED by Raymond, SECONDED by Houchins that Bill No. 30 be passed and entitled Ordinance No. 1830. Councilwoman Mallea was recognized explaining that this Bill targets a seat and the candidates for Council must state which seat number they intend to challenge. Mrs. Mallea further stated that she was opposed to this concept and felt it was not in the best interest of Caldwell at this time due to the difficulty in finding people to run for Council. It was her opinion that this was not the right time and this was the wrong thing. The Mayor then asked for a roll call vote. Those voting yes: Raymond and Houchins. Those voting no: Mallea and Jarboe. Absent and not voting: Winder and Straight. As there was a tie, the Mayor cast his yes vote allowing the motion to carry. MOTION CARRIED (SECOND READING OF BILL NO. 32 - MT. VIEW SUBDIVISION REZONE) The Mayor asked the City Council to refer to a memo dated September 12th addressed to the Council from the Planning and Zoning Director which was as follows: The Bill rezoning a portion of Tract U of Mountain View Subdivision is on the agenda for second reading. The Planning and Zoning Commission's recommendation was to approve the rezone; and, since this is my last meeting, I would like to have the action completed. It would be my preference for the Council to suspend the rules and pass the ordinance on the second reading. This would enable the contractor to get the project constructed while weather permits. Council President read Bill No. 32 by title only as follows: Book 30 Page 209 AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -3 MULTI- FAMILY HIGH DENSITY RESIDENTIAL TO C -3 SERVICE COMMERCIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN; INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS C -3 SERVICE COMMERCIAL ON THE OFFICIAL ZONING MAP; REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The Planning and Zoning Director, Ms. Robison, updated Council on this request stating that it was for a portion of Tract U of Mountain View. About a third of the Tract is already zoned C -3 Commercial and this would add additional property to it for construction of a project proposed by the potential buyers. Ms. Robison also stated that she had not received any additional input from the first reading or subsequent to the Public Hearing on this request. The Planning and Zoning Commission did recommend approval by the City Council. Councilman Raymond commented that since this was a controversial change, he would like to wait until the next Council Meeting when the full Council would be present. The Mayor then declared this to be the second reading of Bill No. 32 stating that it would be on the Agenda for the next meeting for the third reading. NEW BUSINESS (PRESENTATION BY CHAMBER OF COMMERCE) Mayor Cowles introduced the Chairman of the Board of Directors for the Chamber of Commerce, DeAnn Batt. Mrs. Batt addressed the Council stating that as the Chairman of the Chamber, she wanted to explain their program of work for 1989 -90 and enlist the help of the City of Caldwell. She further stated that their Bylaws define their purpose as advancing the general welfare and prosperity of the greater Caldwell area so that it's citizens and all areas of it's business community shall prosper. All necessary means of promotion shall be provided and particular attention and emphasis shall be given to the economic, civic, commercial, cultural, industrial, and educational interests of the area. Mrs. Batt proceeded informing the City Council that their direction this year was to clean up the City of Caldwell with weeds, refuse, and trash not being overlooked. The driving force of the Chamber will be to demand the City crews as well as the local merchants and residents and absentee landowners to actually clean up. She stated that the pride of Caldwell was ill with a general negative attitude about the town. At the conclusion of her remarks, the Mayor thanked Mrs. Batt for her comments. (RESOLUTION ESTABLISHING A FEE FOR PLAT REVIEW) Mayor Cowles asked the Council President to read this Resolution in full as follows: WHEREAS, The City Council of the City of Caldwell, Idaho, enacted Ordinance No. 1759 on December 7, 1987, which ordinance is the Subdivision Ordinance for said City of Caldwell; and, WHEREAS, Section 5- 8- 2D,3(c) of the Subdivision Ordinance states that the subdivider shall, at the time of submitting a preliminary plat, pay a reviewing fee according to fee schedule for plat submission which shall be established by resolution; and, WHEREAS, a survey has been made to determine a Book 30 Page 210 reasonable fee schedule for review of subdivision plats, NOW, THEREFORE, BE IT RESOLVED, that the fee for review of subdivision plats filed within the City of Caldwell shall be established as $50.00 + $5.00 per lot. BE IT FURTHER RESOLVED that this Resolution shall take effect and be in full force upon its passage and approval. The memo distributed to the Council members asking for passage of this Resolution was as follows: Attached is a Resolution setting the fee for subdivision plat review. The fee under the previous ordinance adopted in 1972 was $25.00. The new ordinance allows for the rate to be set by Resolution so that it can be changed from time to time without amending the ordinance. The fee proposed is $50.00 + $5.00 per lot, which is still conservative compared to some public agencies. After a short discussion, it was MOVED by Mallea, SECONDED by Raymond that the Resolution as presented be passed establishing fee for plat review. Roll call vote. Those voting yes: Raymond, Houchins, Mallea, and Jarboe. Those votinal no: none. Absent and not voting: Winder and Straight. MOTION CARRIED (INSURANCE CHANGES) Mayor Cowles referred to the memo to the City Council pertaining to the changes the Staff would like to make in the insurance. The recommendation came after many months of careful research, interviews with other cities which are fully or partially insured, and speaking with several insurance companies. Councilman Raymond stated that he certainly agreed with the efforts being made by Staff to find ways to reduce the City's insurance premium. It seemed to him that the Staff should be given authorization to continue with their efforts. Councilwoman Mallea explained further about the plan to have the City self insured. After her comments, it was MOVED by Mallea, SECONDED by Houchins that the Staff be authorized to proceed on the basis of the report towards being self insured. MOTION CARRIED (MEMO OF UNDERSTANDING - CITIZEN'S FOR A BETTER CALDWELL) The City Engineer informed City Council that the Memo of Understanding they received for review was only a draft. They tried to put in written form some of the thoughts presented in previous meeting. If the Council has any recommended changes, Mr. Redmond asked that they please note them and forward to the Engineering Department. Mr. Redmond also stated that this Memo of Understanding was first given to Councilwoman Mallea and to Councilman Winder as they attended the intial meeting with the Citizens for a Better Caldwell. Councilwoman Mallea already made some suggested changes, but he had not talked with Councilman Winder as yet. After a lengthy discussion, it was agreed that the rough draft would be sent to the Citizen's for a Better Caldwell for their input. (RESOLUTION - TRANSFER OF FUNDS - EVEN'T'S CENTER) Book 30 Page 211 With regard to this Resolution, the Mayor referred to the Staff memo as follows: Attached is a Resolution transferring $28,000 from the General Fund unexpended balance to cover the anticipated deficit in the Events Center budget as provided for in 50 -1014, Idaho Code and as discussed during your last Pre- Council session. As requested, Staff will watch this account very closely in the coming months and attempt to avoid this situation from occurring again. The Events Center has $28,628 in an equipment fund. The Center has spent $7,300 in funds in the regular budget which could be reimbursed by these equipment funds. The Council can transfer money from the General Fund to this enterprise Fund to cover the excess expenses. The Mayor read the Resolution in full as follows: RESOLUTION AUTHORIZING THE CITY COUNCIL TO TRANSFER CERTAIN FUNDS IN ACCORDANCE WITH IDAHO CODE 50 -1014. BE IT RESOLVED That the City Council authorize the transfer of funds as listed in accordance with Idaho Code 50 -1014: "Transfer of funds - The City Council of the cities may transfer an unexpended balance in one fund to the credit of another fund." TO: Caldwell Events Misc. Rev. Center Fund FROM: General Fund Unexpended sum of $28,000 BE IT FURTHER RESOLVED That the Mayor and City Council shall have the prerogative of repayment to the appropriate funds by Resolution if necessary. Councilman Raymond stated that he realized this was a sensitive issue to some people, 'but the facts are that the Stadium has operated for the benefit of the City. The monies have been spent to assist the Stadium in it's operation and the bills do have to be paid. He was disappointed that better numbers were not available earlier, but it was apparent to him that this action must be taken. MOVED by Raymond, SECONDED by Mallea that the Resolution be passed as presented. A member of the audience, John Pilote, requested permission to address the City Council. Mr. Pilote was recognized and informed the City Council that he did not object to the transfer of funds. However, as of the 19th of September, it was his understanding that account had expended in excess of $170,000 and that year to date had only brought in $110,000 which leaves them $60,000 in the hole. Mr. Pilote further said that he was assuming the Council planned to balance that account since they were only transferring $28,000 at this time. If they were going to balance the account, where was the money coming from? The roll was then called on the motion. Those voting yes: Raymond, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Winder and Straight. MOTION CARRIED Councilman Raymond pointed out that the year was not over as yet. He was not sure if this would be the final action pertaining to this fund or not. It was a recommended action at this time. Book 30 Page 212 (APPEARANCE OF MIKE GABLE) Mayor Cowles referred to the memo regarding this item as follows: Several years back:, due to budget constraints, the City Council adopted a policy not to install new street lights (except in some new subdivisions) within City limits. While Idaho Power had traditionally paid for the lights, the City is billed for the electricity. This bill has now exceeded 5100,000 annually. Because of this cost, no new street lights have been installed in the last few years. Last week a request for a light at College and Cherry was received. When we explained this policy to the citizens, they requested time before you to present a case to encourage you to reconsider the policy. Mr. Mike Gable will represent them and present petitions supporting this. Mike Gable was then recognized by the Mayor and presented his request to the Mayor and Members of the City Council. A petition was also submitted and is included as part of this record as Exhibit A, It was agreed by the Council that this matter be referred to Staff for a report and recommendations. (FINANCIAL REPORT) Councilman Jarboe reported that there was Accounts payable in the amount of $337,690.01, a payroll of $425,596.62 making a total of $763,286.63. MOVED by Jarboe, SECONDED by Houchins that the Financial Report be accepted, the bills paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (REQUEST FOR PAGER SYSTEM - FIRE DEPARTMENT) Councilwoman Mallea reported that a memo was received from the Fire Chief regarding their pager system. This item was not on the Agenda, but it needs to be done right away before the end of the fiscal year. This will revamp the paging system at the Fire Department. Due to the many different types of equipment, there is presently a delay in notifying firemen on call. Staff has identified enough money in this year's budget for the Fire Department that can be used to replace the system. The amount was $12,848. This does not have to be bid as it is a part of an existing contract with the State. Since the end of the fiscal year was the coming Friday, action was necessary at this time. MOVED by Mallea, SECONDED by Jarboe to allow $12,848 to be spent by the Fire Chief in regards to the memo concerning the dispatch of personnel. MOTION CARRIED (COMMITTEE REPORTS) The Mayor commended the Planning and Zoning Director, Sylvia Robison, for the time and energy expended over the last sixteen years in her position. Mrs. Robison was leaving her her job at the end of the week. Mayor Cowles further said that she has been very professional in her work and straight forward. The City will miss her. Councilman Raymond reminded the City Council of the Annual Chamber cif Commerce Banquet on the 30th of September at the Book 30 Page 213 Elks Lodge. There being no further business, the meeting was adjourned at 9:30 p.m. APPROVED AS ,.,ritten THIS 2nd DAY OF October 1989. Mayor Cou 1 b Councilperson CC&unci p r Courlb.1.1perso Council person ncilp4r'son ATTEST: City Clerk