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HomeMy WebLinkAbout1989-11-20city council minutesBook 3: Page 243 REGULAR MEETING November 20, 1989 7:30 p.m. The Meeting was called to order by Mayor Peter B. Cowles. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roil of the City Council was called with the following Council present: Raymond, Winder, Houchins, Mallea, Jarboe, and Straight. Absent: none. The Mayor asked the members of the Boy Scout Troop attending the meeting to stand and introduce themselves. (ADDITIONS TO THE AGENDA) It was MOVED by Winder, SECONDED by Straight that acceptance of the report from the Economic Development Project be included with the Consent Calendar. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council on any item that was included on the Agenda. Camilo Lopez was recognized and discussed some aspects of the Economic Development Project. (CONSENT CALENDAR) Mayor Cowles presented the Consent Calendar as follows: To dispense with the reading of the minutes of the Regular City Council Meeting of November 6, 1989, and the Special City Council Meeting of November 13, 1989, and approve as written; To accept the minutes of the various Board and Commissions for the City of Caldwell; and approve three Catering permits including one for the Sundowner to cater at Trolley Square on November 28th, Victors to cater for a Hess Construction Banquet on December 31st, and Northwest Food Service to cater at the College of Idaho on November 28th; acceptance of the Economic Development Project Report. MOVED by Winder, SECONDED BY Raymond that the Consent Calendar as presented by the Mayor be accepted. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, Straight, and Raymond. Those voting no: none. Absent and not voting: none. OLD BUSINESS MOTION CARRIED THIRD READING OF BILL N0. 36 - NOISE ORDINANCE) Mayor Cowles stated that this was the time set for the third reading of Bill No. 36. Councilman Raymond read the Bill by title only as follows: AN ORDINANCE TO AMEND TITLE IX OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 12 OF SAID TITLE IX REGARDING REGULATION AND LIMITATION OF NOISE WITHIN THE CITY; PROVIDING LIMITATIONS OF NOISE AT SOURCES AS MEASURED BY dBA MEASUREMENT; REGULATING PERMISSIBLE NOISE LEVELS FOR EQUIPMENT AND SNOWMOBILES; PROVIDING PERMITS FOR EXCEPTIONS TO NOISE LIMITATIONS; PROVIDING PENALTIES; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND Dook 30 Page 244 EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. Mr. H. R. Arnold from The Ritz Bar was recognized by the Mayor. He requested permission to play a tape of a discussion he had with his Attorney, William Tway. Council did consent to this request after which the Mayor asked for comments from the City Council. There was a number of comments made by the City Council and questions presented to Mr. Arnold. Concerns were expressed regarding the monitoring of the noise and the time required for the Police Department to do so. It was felt by some that this Ordinance would be abused and many calls would come into the Department. The method for measuring the noise was also discussed. It was then MOVED by Winder, SECONDED by Raymond to table action on Bill No. 36. Roll call vote. Those voting yes: Winder, Houchins, and Raymond. Those voting no: Mallea, Jarboe, and Straight. Absent and not voting: none. As it was a tie vote, the Mayor broke the tie by voting no. MOTION DENIED MOVED by Raymond, SECONDED by Mallea to suspend the rule requiring that a bill be read in full for one reading and that Bill No. 36 be passed after three readings by title only. Roll call vote. Those voting Yes: none. Those voting no: Raymond, Winder, Houchins, Mallea, Jarboe, and Straight. Absent and not voting: none. MOTION DENIED NEW BUSINESS (RESOLUTION FOR RENTAL AGREEMENT WITH LEE RICE) The Mayor recognized Jerry Olson, the Airport Manager, who was requested to present this item. Mr. Olson referred to the memo which was submitted to the City Council as follows: This is a lease between the City of Caldwell and Joseph Lee Rice for the rental of the building located on Lot 5 at the Airport. The City has taken possession of this building in accordance with provisions stipulated in the lease which existed with Precision Flight. Any improvements not removed within 30 days after the termination of this lease shall become property of the City. The City Attorney has been consulted and suported this position. Due to the possible contamination on this lot, we are renting only the building, and not the entire lot. The possible contaminated area has been staked out and identified to the tenant. The rental of the building would be in the amount of $150.00 per month, it is a six month term, either party may terminate with 30 days written notice, and the Lessor shall not be liable for any damage, compensation, etc., due to the presence of clean up of contamination on the site. Mayor Cowles read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RENTAL LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND JOSEPH LEE RICE. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, Bock 30 Page 245 authorized to execute that certain Rental Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Joseph Lee Rice. MOVED by Straight, SECONDED by Houchins that the Resolution be passed authorizing the execution of the Rental Lease Agreement with Joseph Lee Rice. Roll call vote. Those voting yes: Straight, Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COMPUTER ANALYSIS CONTRACT) The Administrative Assistant stated that during the budget work sessions, the Council discussed and approved a computer analysis. This will review the various pieces of equipment the City currently has. Proposals were received from five companies. Of these, one did not meet the minimum qualifications. Of the other four, the costs varied as well as the quality of final report to be received. After reviewing the amount, expertise, and the final product, it was recommended that the City Council approve an agreement with Coopers and Lybrand as presented to them. MOVED by Raymond, SECONDED by Straight that the Mayor and City Clerk be authorized to execute the agreement with Coopers and Lybrand as recommended for the purpose of Computer Analysis. Roll call vote. Those voting yes: Raymond, Winder, -- Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ANIMAL CONTROL - REVIEW OF COUNTY ORDINANCE AND CONTRACT) The Administrative Assistant, Ms. Brandt, was recognized by the Mayor and asked to explain this item on the Agenda. Ms. Brandt stated that there was two items for Council consideration. The first.involves a vicious animal ordinance and the second involves c�anges to the service contract the City has with the County. A draft ordinance addressing vicious animals was included in the Council's packet. This has been an issue in question for some time. Nampa recently adopted a similar ordinance. Rather than simply adopting one here, we approached the County to establish a County wide law. They are in agreement and have presented the draft for your review. Their attorney has advised that the City and County adopt it simultaneously so as to leave no questions on jurisdiction enforcement. Staff has reviewed and finds it adequate for it's purposes. If Council agrees, we will coordinate with the County on it's passage. Ms. Brandt went on to explain that the major difference in the contract concerns the annual amount. The County is requesting this be raised from $22,000 to $25,000 and it was discussed during the budget work sessions. Last April, Commissioner Bledsoe approached. the City with this same request. At that time, we asked to sit down with the animal control people to discuss operations, fine collection, etc. It is Staff's feeling that if certain areas are better emphasized, the operation's revenue picture could improve dramatically. After several unsuccessful attempts to have a meeting, Staff recommended that you budget only $22,000. You did this and the County was paid in October of this year. The County would still like the City to consider the raise. If Council chooses to approve it, you will need to authorize the additional $3,000 from the contingency account. Book 30 Page 246 MOVED by Jarboe, SECONDED by Houchins that Staff be authorized to spend an additional thirty days to negotiate with the County on the additional $3,000. MOTION CARRIED With reference to the ordinance, Councilman Winder stated that he would like for the Council to go on record supporting a revision of the animal control ordinance presently in place. Councilman Winder further said that he would like to see the public have access so they can review prior to the time Council actually has a first reading. The Staff would be responsible to getting it out to the public and hopefully, the news media would kelp. The citizens could then come to City Hall to pick up the information. Councilwoman was recognized and commented that if thirty days was allowed to negotiate the price, would't it be better to start receiving public input in January so the new Mayor and Council would be involved. The Administrative Assistant informed Council that Nampa has already passed the Ordinance and the County was basically holding the Ordinance. It was only brought to the City because a member of the Council asked about a vicious animal ordinance. Ms. Brandt further said that she felt certain that the County would be willing to go on the City's time schedule of the first of January. (RECREATION BUDGET ADJUSTMENT) The following memo from the Mayor was presented to the City Council pertaining to this item: As you may recall during the budget work sessions, we expressed that there may be a need to adjust the Recreation Budget as the new Director came on board and began to make changes. One of these changes involves the offering of programs. Over the next year, you will see an increase of program offerings from 14 per year to 130. Most of these are revenue producing and will be done on a 20/80 split of fees charged between the City and the instructor. Since this is a new method, we did not budget a line item from which to pay the instructors. While this shows as an additional expenditure, there will also be additional revenues to offset and exceed the expenditures. We are proposing this be authorized from the $50,000 Recreation Contingency Account. The Recreation Director, Bill Schwind, was present at the meeting and explained further the proposal and answered questions from the City Council. MOVED by Raymond, SECONDED by Straight to authorize expenditure not to exceed $30,000 from the Contingency Account for purposes of offering programs in the Recreation Department. Roll Call vote. Those voting yes: Raymond, Winder, Houchins, Jarboe, and Straight. Those voting no: Mallea. Absent and not voting: none. MOTION CARRIED (OLD JEFFERSON SEWER BYPASS BID AWARD) The City Engineer stated that this project was authorized to remedy a collapsing sewer line under the old Jefferson Junior High building. Bids were opened on November 17th to re -route the sewer line around the building. Four bids were received with the low bid being the J & L Construction of Emmett in the amount of $22,546.00. This bid was under the Engineer's Nook 30 pa,e 24 estimate. The recommendation that the Council award the project to the low bidder. MOVED by Mallea, SECONDED by Jarboe that the bid be awarded to the low bidder, J & L Construction, in the amount of $22,546.00. MOTION CARRIED (RESOLUTION - AUTHORIZE EXECUTION OF CITY STREET FINANCE REPORT) The Administrative Assistant explained that this was a report that was mandated by Law for the last six years. A copy of the report was in the Council's packet. The Resolution was read by the Mayor as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CALDWELL, IDAHO, TO EXECUTE THE CITY STREET FINANCE REPORT FOR THE CITY OF CALDWELL. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are authorized to execute that certain City Street Finance Report attached hereto and made a part hereof as if set forth in full in accordance with Idaho Code 40 -708. MOVED by Winder, SECONDED by Houchins that the Resolution be passed authorizing the execution of the Street Finance Report for the City of Caldwell. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, Stragiht, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ACCEPTANCE OF REVIEW OF INTERNAL CONTROL AUDIT) The Administrative Assistant informed Council that it would be appropriate for them to acknowledge receipt of this review at this time. Updates will be transmitted to City Council as they occur. MOVED by Raymond, SECONDED by Houchins that the City Council accept the review of the Internal Control Audit as presented. MOTION CARRIED (CONSIDERATION OF BIDS FOR POLICE VEHICLES) The Mayor read the memo from the Chief of Police as follows: To Council and Mayor, Attached are copies of specifications and bids for new patrol vehicles. I request you accept the bid from Curt & Hal for the purchase of a 1990 Dodge Caravan at the cost of $14,285.00 and from Lanny Berg Chevrolet for the purchase of a 1990 Chevrolet Caprice at the cost of $14,238.49. MOVED by Mallea, SECONDED by Straight to accept the low bids as recommended by the Chief of Police as stated. MOTION CARRIED (COMMITTEE REPORTS) Councilman Raymond reminded the City Council and the Council elect that the A.I.C. Legislative dinner was scheduled for December 7th in Boise and that reservations should be made as soon as possible. An invitation was also received for a Holiday function in the City of Ontario. If any of the Book 30 Page 240 Council Members were interested in attending, please let him know. Councilman Winder reported on the Events Center Board Meeting held on November 15th. Discussion included the BMX Track and Code violations at the facility. The Board also discussed how the facility could be made more usable. Councilwoman Straight informed Council regarding the use of the Caldwell Airport. Councilman Raymond was again recognized and stated that the first Monday in January was a Holiday. Normally the Council has changed the meeting to the following Tuesday. Since this would be the scheduled time for the newly elected Mayor and Council to take office, it was MOVED by Raymond, SECONDED by Winder that the first Regular City Council Meeting in January will be on January 2, 1990. MOTION CARRIED The Mayor reported that the City of Caldwell donated five trees to the Civic Center in Nampa. There being no further business, the Meeting was adjourned at 8:30 p.m. APPROVED AS Written THIS 4 th DAY OF De 1 1989. El Mayor ATTEST: Co c'lper 'u _ ncilperson Councilpersen City Clerk'—/