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HomeMy WebLinkAbout1985-10-07city council minutesBook 26 COUNCIL MEETING October 7, 1985 7:30 p.m. The Meeting was called to order by Mayor McCluskey. Page 191 The 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: Mallea, Marcus, Raymond, Norman, and Carter. Absent: Cowles. (APPROVAL OE' MINUTES) MOVED by Mallea, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of September 16, 1985, and the Executive Sessions of the City Council held on September 23, 26, and 30, 1985, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council at this time. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS NEW BUSINESS (APPOINTMENTS FOR THE NEW FISCAL YEAR - 1985 -86) The Mayor stated that he would like to request approval from the City Council to make the appointments on a temporary basis for the period between the 1st of October, 1985, until January, 1986. The City Council would then make the appointments for the calendar year at the first Regular City Council meeting in January, 1986. This would enable the new City Council to be involved in the appointments. The Mayor then requested that the City Clerk prepare an Ordinance to amend the City Code to stipulate that the appointments be made to coincide with the calendar year rather than the fiscal year. The Mayor then presented the following for appointment from October 1, 1985, until January 6, 1986: City Clerk, Betty Jo Keller Deputy City Clerk, Carla "Murphy City Attorney, Skip Smyser City Engineer and Public Works Director, Ron Redmond Planning and Zoning Director, Sylvia Robison Police Chief, Robert Sobba Fire Chief, Tom Burns Assistant Fire Chief and Fire Inspector, Bill Buchta Treasurer and Finance Director, Donna Talley Building Inspector, Tom Wheeler Park and Recreation Director, Nevin Holly It was then MOVED by Mallea, SECONDED by Norman that approval be given for the appointment of those named by the Mayor on a temporary basis from October 1, 1985, until January 6, 1986, and that the appointments be presented at the first Regular City Council on January 6, 1986, to coincide with the calendar year. MOTION CARRIED (RESOLUTION NO. 18 -85 - APPOINT JUDGES AND CLERKS FOR THE GENERAL ELECTION) Book 26 Page 192 The Mayor read the following Resolution in full as follows: A RESOLUTION APPOINTING JUDGES AND CLERKS IN THE GENERAL ELECTION OF THE CITY OF CALDWELL TO BE HELD ON NOVEMBER S, 1985. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. That the following persons are appointed to serve as Judges and Clerks for the eight voting precincts of the City of Caldwell, Idaho, with compensation being the minimum hourly wage. FOR THE FOURTH PRECINCT: Dessie Cole, Judge; Carole Munn and Audrey Birnbaum, Clerks. FOR THE FIFTH PRECINCT: Barbara J. Rankin, Judge; Jeanette MacLeod and Marsha Seable, Clerks. FOR THE SIXTH PRECINCT: Dona Ison, Judge; Faye Long and Mollie Miller, Clerks. FOR THE EIGHTH PRECINCT: Irma M. Cox, Judge; Lois Hall and Joyce Nancolas, Clerks. FOR THE NINTH PRECINCT: Phyllis Jewett, Judge; Mertie English and Shannon Robertson, Clerks. FOR THE TENTH PRECINC'T': Beverly Burrell, Judge; Beverly Larsen and W. Gene Doolittle, Clerks. FOR THE TWELFTH PRECINCT: Nathelle Oates, Judge; Virginia Devlin and Bethel McClintick, Clerks. FOR THE FIFTEENTH PRECINCT: Betty Kessler, Judge; Myrtle Sayler and Myrtle Johnston, Clerks. Section 2. That in the event any of the herein designated persons should become ill or otherwise unable to serve in their capacity as either Judge or Clerk at said election, the Mayor is hereby authorized to designate persons to succeed either as Judge or Clerk, as the case may be, provided said persons meet the qualifications required by law to serve in such capacity at the General Election of the City of Caldwell, Idaho. MOVED by Raymond, SECONDED by Carter that the Resolution authorizing the appointment of the Judges and Clerks in the General Election of the City of Caldwell be approved. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (BILL NO. 24 - AMEND CITY CODE REGARDING PAWNBROKERS) The Mayor explained to the City Council that this Bill was prepared by the Chief of Police who was present at the meeting to give his explanation as to it's necessity. Police Chief Sobba was then recognized and stated that the Bill was proposed to update the Pawnbroker's License in force at the present time. It was not a means to regulate honest businessmen, but occasionally there was some problems and this Bill would give some guidelines that were not included in the present Code. Chief Sobba then went over some of the Sections in the Bi11 that he felt needed some explanation. The first was with regard to Section 4 -3 -3: Records which stated that every pawnbroker would keep records and make them available for inspection on anything pawned. The Chief then explained all of those things that would be required in the records. He pointed out that the signatures by both the pawnnbroker and the pledger or seller would be required as this was not in the City Code at this time. He felt that this was one of the most important Sections included in the Bill. With regard to sales, this Bill required that the item be held for twenty days so if it was stolen goods, the Police would have the time to check it. Also, when the Chief of Police or any member of the Police Department notifies a pawnbroker in Book 26 Page 193 writing not to sell some property, the pawnbroker shall not sell or permit to be redeemed for a period of sixty days from the date of notice. This Bill also permits stolen property that is identified to be released back to the true owner. The Police Chief further stated that the last Section provides for violations and penalties. The City Council members asked several questions with regard to the Bill. Councilman Raymond asked if the City Attorney had reviewed the Bill and the Police Chief assured the Council that the Attorney did review it several times and submitted his approval of it. Also asked was whether the Pawnbrokers in Caldwell were aware of this possible update to the present City Code. The Police Chief said that he had not talked with them and perhaps it would be reasonable to have this the first reading of the Bill to give them a chance to express their concerns or comments to the proposed amendment. The Mayor then read Bill No. 24 by title only as follows: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO PAWNBROKERS BY REPEALING CHAPTER 3, SECTIONS 1 THROUGH 12 OF TITLE IV AND ADDING A NEW CHAPTER 3, SECTIONS 1 THROUGH 11, TITLE IV PERTAINING TO PAWNBROKERS: REPEALING ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH The Mayor then declared this to be the first reading of Bill No. 24. (BILL NO. 25 - EASEMENT AND VACATION ORDINANCE) The Mayor called on Mrs. Robison, the Planning and Zoning Director, to discuss this Bill. Mrs. Robison informed the City Council and the Mayor that this Bill was completing the action on vacating the alley between 9th and 20th and Everett and Fillmore Streets. The delay was to allow for the signature of the easement and it was now secured. The appropriate hearing was conducted and the Bill was now ready for passage. The Mayor read the Bill by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINE THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: Commencing at the Northerly corner of Lot 1, Block 31, Washington Heights, steunenberg and Hands Addition, the official plat of which is on file and of record in the office of the Recorder of Canyon County, Idaho; thence Southwestly along the Northwesterly line of said Lot 1, 120 feet to the southwesterly corner of said Lot 1, which is the POINT OF BEGINNING; thence Southeasterly and parallel with the Northeasterly boundary of said Block 31, 300 feet to the Southeasterly corner of Lot 12 of said Block 31; thence Southwesterly 16 feet to the Northeasterly corner of Lot 13 of said Block 31; thence Northeasterly and parallel with the Northeasterly boundary of said Block 31, 300 feet to the Northwesterly corner of Lot 24 of said Block 31; thence Northeasterly 16 feet to the Southwesterly cornerof Lot 1 of said Block 31, the POINT OF BEGINNING; MOVED by Raymond, SECONDED by Norman to suspend the rule requiring the reading of a Bill at three separate times and that the Bill be read by title only for the one reading. Book 26 Page 194 Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED MOVED by Raymond, SECONDED by Norman that Bill No. 25 be passed and enitled Ordinance 1710. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Marcus. Those voting no: none. Absent and not voting: Cowles. MOTION CARRIED (VARIANCE FROM SUBDIVISION ORDINANCE FOR ISSUANCE OF SECOND BUILDING PERMIT IN LESS THAN A YEAR ON MARSHALL) The Mayor again called on the Planning and Zoning Director to present this item. Mrs. Robison stated that this variance was a recommendation from the Planning and Zoning Commission. It was a variance from the Subdivision Ordinance so did not require a public hearing. She then pointed out the area on a map for the benefit of the Council. The large parcel was on Marshall Avenue between Ash and Linden. The owner has sold the parcel on the bottom earlier this year and a house was being built on it at this time. Also, the middle parcel was sold and according to the City Ordinance, only one building permit a year can be obtained when subdividing property. The parcel to the north was retained and the owner has plans for it in the future. The purchaser of the middle parcel would like to build a house this year. The original parcel was large enough to have been platted; however, it was their intention to keep them in large acre plus parcels at this time. The sewer was not available and has to be brought across the Parker drain. The City dial request. that Gregg Giardina to the North covenent his property to participate in this sewer when it becomes available. Also, the property owners developing at the present time were requested to do the same. To safeguard future development, the City was looking at obtaining some right of way to perhaps bring Maple and Walnut on through. Both of the property owners have been asked to build their houses and set them back in such a way that they would reserve a fifty -six foot right of way inbetween; twenty -eight feet on each side plus twenty feet so they would have a corner lot setback. If in the future they do decide to sell off a portion in the back or subdivide it further, the City will have made provisions for right of way in the area. These were the conditions that the Planning and Zoning Commission recommended that the variance be subject to. This would be to covenent the property to participate in the sewer and also to maintain a forty -eight foot setback from the property line for future right of way. MOVED by Raymond, SECONDED by Norman to accept the recommendation of the Planning and Zoning Commission to grant the variance subject to the conditions established by the Commission_ MOTION CARRIED (RESOLUTION TO APPROVE PERSONAL SERVICES AGREEMENT WITH THE CITY ATTORNEY) The Mayor :aid that the next item was to approve the Resolution to authorize the execution of the Personal Services Agreement with the City Attorney. This was discussed earlier during the presentation of the appointments and it was decided at that time to make the appointments temporary until the first Regular City Council in January, 1986. This Meeting was to be held on January 6, 1985. It was the Mayor's suggestion that the City Council approve the agreement from October lst, 1985, until January 6, Book 26 Page 195 1986, The City Clerk would prepare the Agreement to read as suggested for the interim two months and then another agreement drawn up for the first of the year. The Resolution was then read as follows: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF CLADWELL AND CHARLES A. SMYSER, AN ATTORNEY AT LAW. BE IT RESOLVED That the Mayor of the City of Caldwell be, and the same hereby is, authorized to execute that certain Personal Services Agreement attached hereto and made a part hereof as if set forth by and between the City of Caldwell and Charles A. Smyser, an Attorney at Law, for the purpose of representing and advising the City on civil matters. MOVED by Mallea, SECONDED by Norman to approve the Resolution authorizing the execution of the Agreement with Mr. Smyser as City Attorney provided that the Agreement state the term of the service shall be for a period beginning October 1, 1985 and ending January 6, 1986, at which time the appointments will be made permanent by action of the City Council for the calendar year. Roll call vote. Those voting yes: Mallea, Marcus, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED (AWARD BID FOR POLICE CARS AND THE COMPUTER) The Mayor asked for information with regard to the police car bids and for the computer for the Police Department. The Police Chief stated that the bid for a large police car was agreed upon. He further said that they were now looking for more economical ways to patrol and have been looking into a smaller car. There was some concerns about a four cylinder doing the job and they were planning further investigation into the different cars. The Police Chief informed the Mayor and City Council that only one bid was received from Curt and Hal for the car that was advertised. He did not have the amount of the bid received, but approval was needed at this time for that one car. MOVED by Raymond, SECONDED by Norman to accept the bid from Curt and Hal for the Police car, in the amount of $12,696. MOTION CARRIED The Mayor said that the City Council was polled with regard to the computer for the Police Department. It was just necessary to approve the bid officially at this time. MOVED by Norman, SECONDED by Raymond to accept the bid for the computer for the Police Department as explained to the City Council when polled. "— MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that the Council attended the dedication of the new Chamber of Commerce building. She also attended the Keith Stanwood Golf Tournament benefit at which the City Council donated a prize. She also heard that the Mayor was very good at the High School Homecoming Assembly and she enjoyed judging the bake good sales at the College in the Mayor's place. Book 26 Page 196 Councilman Raymond stated that he met with the 9 -1 -1 Committee last week and it was operational. Several very qualified applicants were interviewed and the training was to begin today. It was all becoming a reality. Councilwoman Marcus informed the City Council of recent events with regard to the Crimestopper Program and also reported regarding the Library Board. (MAYOR'S COMMENTS) The Mayor requested that the City Council give consideration to eliminating the licenses for Electrical and Plumbing Contractors and Journeymen. The Building Inspector would probably be present at the next Council Meeting to further explain this request. Tom Wheeler was planning to submit some written material to the Council members giving the reasoning behind this recommendation. The Mayor also stated that he was hoping to have a meeting with the County Commissioners the next day with regard to jail fees and would call the Council President to attend the meeting with him. They would bring information back to the City Council. The Mayor also discussed briefly the possibility of a different location for a well by closing the road on Belmont. This would be in lieu of the location at Luby Park. This possibility was discussed with the City Engineer and he informed the Mayor that there was other potential sites besides this particular one. It was agreed that consideration would be given to finding another site. The Mayor stated that he would like to request a five minute Executive Session for the purpose of discussing personnel. MOVED by Carter, SECONDED by Norman that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2343 for the purpose of discussing personnel. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Raymond, and Norman. Those voting no: none. Absent and not voting: Cowles MOTION CARRIED The Regular City Council Meeting was adjourned at 8:20 p.m. and the City Council convened into an Executive Session. After discussion and there being no further business, the Executive Session was adjourned at 8:45 p.m. APPROVED AS written Oc , 1985. THIS 21st DAY OF Councilperson ATTEST: La�� City Cl ,r Councilperson