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.
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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
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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:
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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
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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)
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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
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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