Loading...
HomeMy WebLinkAbout1978-10-17city council minutesBook 19 Page 290 REGULAR MEETING October AT, , 1978- 7:30 p.m. Ther Meet . in•g was called order by. Mayor Pasley. The Roll oft. the, City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by McCluskey to dispense with the reading of the minutes of the Regular City Council Meeting of October 3, 1978, and the Special City Council Meeting of October -- 10th and.:approve them.as written. Roll call vote. Those: voting yes: Williams, Raymond, Hopper, Bauman;:McCluskey,, -and Olesen Those voting no:..-none. Absent and not voting: none. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked iE- there was.anyone in.:the, audience who cared to present anything_.to .the - :City, Council that was not on the prepared Agenda. Since there was none, the Mayor declared that the Meeting would-continue-as outlined on the. prepared Agenda. The Mayor welcomed Mr. Randolph, the Government teacher fromthe Caldwell Senior High School, and a group of his students to the Meeting. OLD BUSINESS (BILL N0: 56 ORDINANCE NO. 1508 - THIRD READING) - -- The Mayor stated that at this time he would read by title only Bill No. 56 for the third reading which would permit mobile home parks in an M -1 Industrial Zone: AN- ORDINANCE AMENDING THE MJNICIPAL CODE OF.-THE .CITY OF CALDWELL, STATE OF IDAHO, BY AMENDING TITLE VI, CHAPTER 2, SECTION 2.1, TABLE I PROVIDING A CHANGE IN THE LAND USE SCHEDULE OF THE ZONING REGULATIONS: REPEALING ALL ORDINANCES, RESOLUTIONS,,ORDER.OR PARTS _THEREOF IN CONFLICT HEREWITH. MOVED by McCluskey, SECONDED by Olesen that Bill No. 56 be passed and entitled Ordinance No. 1508. Councilwoman Bauman stated that she would like to reiterate the two points.she made in the past. She felt that it was more appropriate to use zoning changes when dealing with two different kinds of land use in the same area._. She also pointed out that this was not for an occasional trailer to be used for security for an Industrial or Commercial complex. It was to allow for subdivision of mobile home parks in an Industrial area and she felt it would be harmful in the long run to Industrial usage of the area. Councilman McCluskey explained that the Planning Commission was in the process of redoing the Comprehensive Plan and as a result also zoning ordinance. There was a great need for housing in the City of Caldwell and.the cost of building homes just makes it nearly impossible for most people to do so. He felt very strongly Page 291 that this zoning change for mobile home parks should be allowed. Roll call vote. Those voting yes: McCloskey, Olesen, Williams, Raymond, and Hopper. Those voting no: Bauman. Absent and not voting: none. MOTION CARRIED The Mayor addressed Mrs. Gray and Mr. Bistline who were members of the audience at the Meeting. The Mayor stated that Mr. Rutzen was not going to be at the meeting and he wondered if that was the reason for their presence at the meeting. He did not want them to sit through the meeting expecting a discussion regarding Mr. Rutzen and the situation involved. The Mayor further said that Mr. Rutzen did have a meeting set: with Mr. Lewis and the Mayor at 9:00 a.m. in the morning and if they cared to participate in that discussion they were more than welcome to do so. (BILL NO. 60 - ORDINANCE NO. 1512 - SECOND READING - CABLE TV FRANCHISE) The next item of business was the second reading of Bill No. 60 amending Ordinance 1160 granting a franchise to United Cable Television Corporation. The Mayor read the Bill by title only as follows: AN ORDINANCE AMENDING ORDINANCE 1160 AND GRANTING TO UNITED CABLE TELEVISION CORP GENERAL- GAP4A9NIGATIONS -AND ENTERTAIN ENT- GGHPAI - INGE)R.PORA£ED -A- DELAWARE- 68RPOR4rION A- SUBSIBTARY -GF- THE- L,IVINGS'I'GN- eTL- GOMPANY, A FRANCHISE TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF.CALDWELL FOR. THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS TO THE INHABITANTS OF SAID CITY; IMPOSING COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY; PROVIDING THAT SAID FRANCHISE SHALL BE A NON- EXCLUSIVE GRANT; EREATING- THE - TREASURE- VAL,EEY- GATV- GOMKITTEE; SPECI- FYING GRANTEE RULES AND SERVICE STANDARDS; PROVIDING FOR CITY RIGHTS IN SAID FRANCHISE; SPECIFYING CONDITIONS ON STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION, REMOVAL AND COMMON USER OF POLES; SPECIFYING PAYMENTS TO SAID CITY; PROVIDING FOR RATES AND FEES OF SUBSCRIBERS; SPECIFYING ANNUAL FINANCIAL REPORT AND RATE REVIEW; PRESCRIBING THAT PREFERENTIAL OR .DISCRIMINATORY PRACTICES BE PROHIBITED; REQUIRING COMPANY LIABILITY AND INDEMNIFICATION; REQUIRING THAT A FAITHFUL PERFORMANCE BOND BE GIVEN; SETTING FORTH OPERATIONAL STANDARDS; SPECIFYING CONSTRUCTION COMPLETION AND PENALTY THEREFORE; SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE TO-SCHOOLS;-:SPECIFYING THE DURATION AND CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE; PROVIDING FOR LIMITATIONS OF SAID FRANCHISE; - PROVIDING FOR SEPARABILITY; SETTING FORTH MISCELLANEOUS PROVISIONS; AND THE REQUIREMENT FOR PAYMENT OF PUBLICATION COSTS; AND REPEALING INCONSISTENT PORTIONS OF ORDINANCE 1160. The Mayor explained that the City of Caldwell in .1969 entered into a contract with the company that United Cable Television Corporation -succeeded- them a franchise for operating a cable television company for the City of:Caldwell on a.purely optional basis. No one in the City would be required to use the service. The_City Attorney advised the City that they::have an enforceable contract with United .Cable, theCity has an existing ordinance and this Bill merely brings it up to date. MOVED by Raymond, SECONDED by.McCluskey to suspend the rules requiring the reading of a bill three ;separate days and that the Bill be passed on the second reading. Boon 19 Page 292 Some discussion followed regarding the procedure involving this Bill at the last City Council Meeting. It was decided that to make the motion as stated by Raymond was correct. Councilwoman Bauman stated that she felt the timing was a worry to her because information came from the Cable Television people that there was pending legislature which would de- regulize some of the industry requirements that hold at present. It would seem that if some of these de- regulatory actions were going to take place that perhaps there would be more options open in the future for the citizens of Caldwell. She hated to see it tied up with a franchise like this and she also had never been satisfied that she understood what nonexclusive clause means. The City was told that it was a nonexclusive contract and yet the City was told that they were bound to the contract that was signed nine years.ago. She was not in favor of having the citizens of Caldwell tied to one franchise for twenty years. She further commented that she did not agree with the fact that the City was being paid by this company after granting them.the franchise. She felt that this put the City in partnership with the company and she was not sure that this was appropriate. Councilman McCluskey was recognized and stated that the fact remains that the City of Caldwell has a contract which was legal binding. Others involved such as the City of Boise, the City of Nampa, the City of Meridian, and the City of Garden City have already stipulated and agreed to this organization and all that the City was doing at this point was delaying the process and he was awfully -tired of the City delaying the process. MOVED.by Olesen, SECONDED by McCluskey that the question be called for and that the debate cease. Roll call vote. 'Those voting yes: Olesen, Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: none. MOTION CARRIED The motion to be 'voted on now was to suspend the rules and pass the ordinance on the second reading. Roll call vote. Those voting yes: Raymond, Hopper, McCluskey, Olesen, and Williams. Those voting no: Bauman. Absent and not voting: none. MOTION CARRIE MOVED by Raymond, SECONDED by McCluskey that Bill No. 60 be passed and entitled Ordinance No. 1512. Roll call vote. Those voting yes: Raymond, Hopper, McCluskey„ Olesen, and Williams. Those voting no.: Bauman. Absent and not voting: none. MOTION CARRIED (ADDITIONS TO THE AGENDA) The Mayor asked the City Council's permission to add four items to the prepared Agenda.. There was two catering permits, an Agreement with Intermountain Gas to repair street cuts, a Resolution on registered warrants requested by the Idaho First National Bank, and a Resolution to accept an engineering contract with Parametrix. MOVED by McCluskey, SECONDED by Olesen that these four items be added to the Agenda as requested by the Mayor. Book 19 Page 293 Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: " none. MOTION CARRIED (APPROVAL OF CATERING PERMITS) The City Clerk presented two catering permits both requested by the Cimarron for the Eagles. One was for November 4th and the other for November llth. The Chief of Police signed both of - these requests giving his permission and the fee was paid to the Clerk's Office. MOVED by Raymond, SECONDED by Hopper that approval be given for both of these catering permits. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (AGREEMENT CONSIDERATION WITH INTERMOUNTAIN GAS COMPANY) Due to the fact that there was not a Resolution prepared for this agreement, the Mayor stated that he would delay action on this item until the next Regular City Council Meeting. (RESOLUTION NO. 60 -78 - AGREEMENT WITH PARAMETRIX, INC.) The Mayor stated that Resolution 60 -78 was to authorize the Mayor and Clerk to execute an agreement between the City of Caldwell and Parametrix, Inc. for engineering services for Step III for the Treatment Plant improvement. The Mayor read the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND PARAMETRIX, INC. Be it resolved that the Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain agreement attached hereto and made a part hereof as if set forth in full by and between the the City of Caldwell and Parametrix, Inc., for the purpose of preparation of plans and specifications know'as Step III in connection with the City of Caldwell's project consisting of construction of sewerage facilities improvements located in the City of Caldwell, Idaho. The Mayor explained that the amount of the engineering services would be $236,252.00. This was the amount if the application as prepared by Parametrix was approved by the State Department of Health and Welfare and the Environmental Protection Agency. If not approved, the contract with Parametrix will be renegotiated and provision was made for that in the contract' MOVED by McCluskey, SECONDED by Bauman that Resolution No. 60 -78 be passed authorizing the Agreement with Parametrix, Inc. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting "no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 61 -78 - AUTHORIZATION TO ISSUE REGISTERED WARRANTS) Book 19 Page 294 The final' additional'item for the Agenda 'was" the' following Re's olutioTf regiaested by the 'Idaho' First National Bank: IN ACCORDANCE with Idaho Code 31 -2125, 50 -237 and 50 -1004, the Mayor and City Council are authorized to issue Registered Warrants for fiscal year October' 1, 1978 through September 30, 1979. WHEREAS, Idaho Code 31- ,2125, 50-237 50-1004 authorize the issuance of Registered Warrants, and WHEREAS, the City of Caldwell authorize the issuance of Registered Warrants for the period October 1, 1978 through September '30, 1979 NOW, THEREFORE, BE IT RESOLVED, That the City of 'Caldwell'authorizes the issuance of Registered Warrants not to exceed 257.'6f budget by fund as listed; General fund $ 520,579.00 Cemetery 22,373.00 Street 175,856.00 Shop 13,462.00 Armory 4,719.00 ... Airport 155',849.00 Recreation 28,787.00 Pool (Bonds) 3,413.00 Fire' - (Bonds) 3,434. Water and Sewer (Bonds) 41,275.00 Library Capital Improvement 45,957.00 Water 150,703.00 Water Cap Imp 7,500 00 Sewer 860,296 ":00 Sewer Cap Imp 7,500.00 Stadium 5,275.00 Golf 52,131.00 Irrigatioiti 20,300.00 Library 68,889.00 2,188,298.00 MOVED by Williams; "SECONDED by Oleseri that 'Resolution No. 61 -78 be passed Roll call vote. Those'vbting yes':" Williams, Raymond, Hopper, Bauman, McClldskey,`and OI'esen. 'Those voting " no: none. Absent and not voting: none„ . MOTION CARRIED (REQUEST FOR HARDSHIP DISCOUNT FOR SANITARY CHARGES) The Mayor said that there was a request for a hardship discount for sanitary charges. This'lady was eighty years old and has an income of $206.00 a month This request would reduce her charge from $3.00 down to 756, a month. MOVED by Raymond, SECONDED by Hopper that this request for hardship discount be'Approved'. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. 'Those voting none. Absent and not voting: none, MOTION CARRIED (APPOINTMENTS TO THE PARK AND RECREATION BOARD) Book 19 Page 295 The Mayor asked permission of the City Council to appoint the following people to the Park and Recreation Board: Mr. Gene Hemmingway and Mrs. Suzanne Foust. They were both recommended by the Chairman of the Park and Recreation Board as people interested in the program. MOVED by Raymond, SECONDED by Hopper that these two people as recommended by the Mayor be appointed to the Park and Recreation Board Roll call vote. Those voting yes`: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 59 -78 - HANGAR LEASE AGREEMENT WITH DEAN DISHMAN) The Mayor explained that some months ago Mr'. Dea.n'Dishman divided his hangar lease space into thirds and the City Council approved the two new leases but failed to revise Mr. Dishman lease with the City of Caldwell. The following Resolution was then read by'the Mayor: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND DEAN DISHMAN. BE IT RESOLVED That the! Mayor and Clerk of the City of Caldwell be, and the! same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell. as Lessors and Dean Dishman as Lessee; and BE IT FURTHER RESOLVED That payments required therein be authorized subject to renegotiation every five years by the City Council, City of Caldwell' MOVED by McCluskey, SECONDED by Olesen that Resolution No. 59 -78 be passed approving the hangar `lease for Bean Dishman as read by the Mayor. Roll call vote. Those voting yes: McCluskey,. Olesen,`Williams, Raymond, Hopper, and Bauman. Those voting no: none. 11 Absent and not voting: none. MOTION CARRIED (CONSIDERATION OF PURCHASE OF TRACTOR FOR PURPLE SAGE GOLF'COURSE) Councilman Olesen was recognized by the Mayor and stated that he would like City Council approval for the purchase of a used tractor at a price of $4,550.00: This was 'a second tractor and was to be used at Purple Sage Golf Course. MOVED by Olesen, SECONDED by McCluskey' :that approval be given for the purchase of this second hand tractor for Ptrple'Sage Golf Course at a price of $4,550.00. Roll call vote. Those voting yes: - Olesen, Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting 'no: none Absent and not voting: none. MOTION CARRIED Book 19 Page 296 (COMMITTEE TO WORK WITH FIRE DEPARTMENT) The.Mayor explained that just as soon as the City Council completes work on the budget.the next important item of business was to work out a contract with the Fire Department. The Mayor recommended that the Committee to work on this program to represent the City be Councilwoman Williams and himself. MOVED by Olesen, SECONDED by McCluskey that the Mayor and Councilwoman Williams be the committee appointed to work with the Fire Department to construct the new contract. Roll call vote. Those voting yes: Olesen, Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting: nrn e. MOTION CARRIED (DEEDS AND EASEMENTS) The.City Engineer stated that he had no deeds or easements to present to the City Council at this time. (APPROVAL OF SEPTEMBER BILLS AND PAYROLL) Councilwoman Williams reported that there was requests for payment totalling $142,910.12 and a payroll of $143,718.71. MOVED by Williams, SECONDED by Bauman that warrants be issued for.these bills and the payroll and that the requests for payment be filed in the Clerk's Office. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (MAYOR REPORT REGARDING MEETING WITH STATE HIGHWAY DEPARTMENT) The Mayor reported that he had contacted the State Highway Department and the date of October 31st to meet with the City of Caldwell was all right. The Meeting would be at 7:30 p.m. in the Council Chambers. They will bring the County and the Nampa Highway District in at 8:00 p.m. to discuss problems that were pertinent to them. (COMMENTS FROM THE CITY COUNCIL) Councilwoman Bauman reported that she had a note from the Nampa City Council to remind Caldwell of the Citizen's for Responsible Government at 10:00 a.m. at the Community Center on Saturday. Councilman Raymond reported that Parks and Recreation Board met but there was not much accomplished. The City Engineer reported back to the City Council regarding sending another man to the school discussed at noon Mr. Lewis talked with the Water Superintendent, Mr. Johansen, and to -- Richard Claussen, the only other certified operator in the Water Department and it was determined that Mr. Claussen should be considered to attend this .school. MOVED by Hopper, SECONDED by Raymond that approval be given to send both Jack Johansen and Richard Claussen to the Advanced Short School for Water and Wastewater Operators on November 9th and 10th in Boise. Book 19 Page 297 Roll call vote. Those voting yes: Hopper, Bauman, McCluskey, Olesen, Williams, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilwoman Williams mentioned that if they were able to complete the revision of the budget, she would hope that they could call an Executive Meeting of the City Council and prepare a statement for the news media. Councilman Hopper pointed out that at the last meeting the 20th of October was the date set for the final determination regarding the budget. The Mayor then asked if there was anyone who objected to the cost of living increase being effective as of the 1st of January, 1979. No one from the City Council voiced a disagreement. It was then suggested that a 4:00 p.m. meeting on Friday be scheduled. There being no further business, the Meeting was adjourned at 8:00 p.m. APPROVED AS written THIS 7th DAY OF November , 1978. a ( Mayor C t Councilman, GC ATTEST: C City Cid