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HomeMy WebLinkAbout1996-02-05city council minutesBook 37 REGULAR MEETING February 5, 1996 7:30 p.m. The Meeting was called to order by Mayor Winder. Page 26 The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. Since there were no additions or deletions to the prepared Agenda, it was MOVED by Nancolas, SECONDED by Earl to accept the Agenda as presented. Roll call vote. Those voting yes: Nancolas, Langan, Wells, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED INTRODUCTION OF SPECIAL 'VISITORS. No special visitors were noted by the Mayor. AUDIENCE PARTICIPATION. Mr. Law, the City Engineer, introduced Gil Sanchez who was present to observe as a representative from Professional Services Group and the Caldwell Treatment Plant. The Mayor welcomed him to the meeting. CONSENT CALENDAR Mayor Winder presented the following items on the Consent Calendar to the Members of the City Council for their consideration: 1. Dispense with the reading of the minutes of the January 16, 1996, Regular City Council Meeting and approve as written; 2. Accept the minutes of the Senior Citizen's Center Commission meetings of November 20, 1995, and December 7th and 18th, 1995; minutes of the Planning and Zoning Commission Meetings of December 14, 1995, and January 18, 1996; and the minutes of Airport Commission Meeting of January 4, 1996; 3. Pass the following Resolution for cancellation of an Airport Tenant Agreement with Jerry W. Dowen: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CANCELLATION OF AIRPORT TENANT AGREEMENT BETWEEN THE OF CALDWELL AND JERRY W. DOWEN. 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 Cancellation of Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Jerry W. Dowen. 4. and pass the following Resolution authorizing an Airport Land Lease Agreement with Cecil L. Harnden: Book 37 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT LAND LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND CECIL L. HARNDEN. 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 Airport Land Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Cecil L. Harnden. 4. Accept easement for sewer line from Robert Bruno which will provide access to maintain a sewer line that Robert Bruno has recently extended North of Lincoln Street between North Indiana Avenue and LaCresta Avenue; 5. Pass the following Resolution accepting the dedication of sewer line for the Robert Bruno property: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO, ACCEPTING DEDICATION OF A SEWER LINE IN THE REIMANN ADDITION TO CALDWELL BY ROBERT BRUNO, TO THE CITY OF CALDWELL IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO. 4 -94. BE IT RESOLVED That the City of Caldwell, Idaho hereby accept from Robert Bruno of Meridian, Idaho, the dedication of a sewer line as described in Exhibit " attached hereto and made a part hereof, as if set forth in full, and which sewer line includes the following appurtenances exclusive of service lines: 1. 230 LF of 8 -inch PVC sewer line. 2. 1 48 -inch manhole. and that the City Clerk of the City of Caldwell is hereby directed to submit this Resolution to the County Recorder of Canyon County, Idaho for recordation, and that a copy of said recorded document be forwarded by the City Clerk to the Engineering Department of said City of Caldwell for preservation in an Index of Dedications. 6. Accept the low bid from Idaho Great Basin Trucks, Inc. for a new jet truck chassis and authorize the Mayor and City Clerk to execute a contract for the work; 7. Accept deed from Primary Health, Inc. for right -of -way on Kimball Avenue and Elm Street; 8. Accept easements to provide access to maintain a sewer line that extends from Jefferson Junior High School to the new Vallivue High School from Robert Bushnell, James and Kristi Christensen, and Joy Holden. MOVED by Houchins, SECONDED by Earl to accept the Consent Calendar as presented. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS Page 27 (THIRD READING OF BILL NO. 59 - ANNEXATION OF PROPERTIES ALONG CLEVELAND BOULEVARD BETWEEN USTICK AND MIDWAY) The Mayor explained that a Public Hearing was held on this Bill on November 20, 1995. The issue was tabled for Book 37 two meetings and then the first reading was held on December 18, 1995 and the second reading on January 2, 1996. The Bill was then tabled on January 16, 1996, until the next Regular City Council Meeting which was February 5, 1996. This annexation was property on the Boulevard between Ustick Road and Midway Road. Mayor Winder read Bill No. 59 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LANDS LAY CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 (SERVICE COMMERCIAL) AND M -1 (LIGHT INDUSTRIAL) ZONING DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE, SECTION 63 -2219. MOVED by Houchins, SECONDED by Earl that this be considered the third reading and that Bill No. 59 be passed and entitled Ordinance No. 2123. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MOTION CARRIED Page 28 (THIRD READING OF BILL NO. 60 - ZONE CHANGE FOR THE ABOVE PROPERTIES) This Bill was also tabled on January 16, 1996, since it was the zoning change for the properties along Cleveland Boulevard between Ustick and Midway. The Mayor read Bill No. 60 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO FROM COUNTY TO M -1 (LIGHT INDUSTRIAL) OR C -3 (SERVICE COMMERCIAL); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTIES AS M -1 OR C -3 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Houchins, SECONDED by Langan that this be considered the third reading of Bill No. 60 and that Bill No. 60 be passed and entitled Ordinance No. 2124. Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MOTION CARRIED (CONFIRM THE COMPREHENSIVE PLAN DESIGNATION FOR THE PROPERTY ALONG CLEVELAND BOULEVARD) Mayor Winder stated that the next item was to confirm the Comprehensive Plan designation which provides that these properties be M -1 (Light Industrial) or C -3 (Service Commercial). The action necessary was to simply make a motion to confirm this designation. Book 37 MOVED by Houchins, SECONDED by Earl to confirm the Comprehensive Plan Designation for the properties along Cleveland Boulevard as M -1 (Light Industrial) or C -3 (Service Commercial). Roll call vote. Those voting yes: Houchins, Evans, Earl, Langan, and Wells. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MO'T'ION CARRIED (DECISION PERTAINING TO THE BUSHNELL CENTER) Mayor Winder explained that the Bushnell Center has been owned by the City of Caldwell for approximately six years. During that period of time, there was a group of people who attempted to develop the facility as a center for the community. The Bushnells gave the property to the City with the expectation that there would be some kind of development that would be used by the community and some designation of the property as a center named after Marjorie Bushnell. Following about five years of discussion and efforts by various groups to arrive at a viable plan to develop the property, the City Council last summer directed the Mayor to find out if there was any viability in getting the gymnasium open. A cost estimate was obtained for that portion which came to approximately $270,000.00. This provided for getting the floor in usable condition, but did not provide for rest rooms or dressing rooms, parking, or the exterior of the building. The City asked for public support which was not successful. In addition, bids were secured to demolish the facility. One bid was received about four years ago in the amount of $800,000.00 with no asbestos abatement. Recently, another was obtained which was approximately $350,000.00 which did include the asbestos abatement. However, they did say they would have to see the inside of the building. If the City decided to ask for official proposals, they would need to outline specifically what was wanted. The Mayor further stated that the City does not have a large reserve to pay for this project. If the decision was to demolish the building, they would have to start working toward that goal. Mayor Winder informed Council that it was his recommendation that they authorize the Mayor to proceed to try to demolish this facility in some kind of timely manner. The City Council would be involved in the financing so they would be kept informed as to how it was proceeding. Councilman Nancolas commented that this has been a frustrating experience. He agreed that it was time to move forward as it has been an eyesore for the community. Because of limitations regarding parking and finances, the dream of the Bushnell Activities Center will never become a reality. He admired those who were involved in trying to make that happen. Mr. Nancolas further stated that he felt the community would be better served by turning it into parking or a park area which would help to serve the Senior Center and the Library. He strongly supported the Mayor's recommendation. Page 29 After several comments from Council Members supporting the Mayor and Councilman Nancolas, it was MOVED by Houchins, SECONDED by Langan that the Council direct the Mayor and Staff to designate that the Bushnell Center be torn down and during the budget session this year, Council put a portion of the money needed to accomplish Book 37 this project in the budget as this needed to become a reality in two or three years. Councilman Wells stated that he toured the facility that morning. His suggestion was that they develop a plan as to what they planned to do with the property so there would be a definite direction for the future. The Mayor asked for a roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Page 3© (DISCUSSION WITH REGARD TO THE QUESTIONNAIRE SENT TO BAROWNERS ABOUT THE RENEWAL PROCESS FOR LIQUOR, BEER, AND WINE LICENSES) The Mayor called Council's attention to a copy of the Clerk's report that was handed to them at the beginning of the meeting with regard to the questionnaire that was sent to those businesses selling liquor, beer, and wine. By Monday, the 5th of February, sixteen answers were received out of a total of fifty mailed out. The results were as follows: Do you feel it is too restrictive to require the renewal application to be in the City Clerk's Office by November 1st? Yes - 5 No. - 11 Is the penalty of losing your license for each day you are late in submitting your application a fair penalty? Yes - 4 No. - 12 Would you prefer having a fine for each day you are late instead of the penalty of losing your license for each day you are late? Yes - 11 No_ - 5 If you prefer the fine, how much do you believe it should be for each day? The amount varied from $1.00 to $50.00. Councilman Nancolas stated that he would like to see how many turned in their applications late before this policy was established. He felt the present policy has served its purpose. However, he did not believe $50.00 a day was enough. When people waited until the last minute to file for renewal, it presented a burden for City Staff. Councilman Houchins informed the Mayor and Council that he had a conversation with Lt. Laird from the Caldwell Police Department, Lt. Laird has been doing some research on the Bartender's Permit and has ideas that could help with the process. Mr. Houchins suggested that Lt. Laird present those ideas to the City Council some time soon. Perhaps both items could be discussed and modified_ Mayor Winder commented that the City Attorney was presently in the process of drafting a Bartender's Permit Ordinance. This should be ready to present to the City Council at the next meeting. The Mayor also informed Council that there was no reason'to take action on the renewal of licenses at this time. Councilwoman Earl said that she agreed with Councilman Nancolas in that the $50.00 penalty was not enough. Even with a fine, you would ultimately have to set a cut off date for applications. NEW BUSINESS (PRESENTATION OF THE AUDIT FOR CITY COUNCIL ACCEPTANCE) Book 37 Mayor Winder recognized Bruce Muir, who was a member of the Audit Committee. Mr. Muir stated that he was the new member of the Audit Committee and lived at 1905 Colorado in Caldwell. Mr. Muir informed the Mayor and Council that the Audit Committee met with the Auditors and with Councilwoman Earl and Councilman Langan. The Committee reviewed the statements they have prepared and would recommend that the City Council accept the Audit as presented by the firm of Balukoff, Lindstrom and Company. MOVED by Evans, SECONDED by Houchins to accept the Audit as presented. Roll call vote. Those voting yes: Evans, Earl, Nancolas, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED Page 31 (PROTEST HEARING ON LOCAL IMPROVEMENT DISTRICT 94 -4 - VOLUNTARY LOCAL IMPROVEMENT DISTRICT FOR CURB, SIDEWALK, AND GUTTER IMPROVEMENTS) Mayor Winder informed Council that the next item on the Agenda was a Public Hearing on Local Improvement District 94 -4. This was a voluntary L.I.D. for curb, sidewalk, and gutter improvements. No one was signed to speak to this matter. Councilman Wells was recognized and indicated that he would abstain from voting on this matter since he was involved in the L.I.D. The Mayor explained that the purpose of the Hearing was to give the public an opportunity to protest this L.I.D. Basically, they would be dealing with whether the Assessment Roll was correct or not. The Public Hearing was then opened by the Mayor. The City Engineer, Gordon Law, stated that the copy of Bill No. 2 which was included in the Council's packets, had several figure corrections in the total cost and expenses of the improvements. Mr. Law presented those corrections and also pointed out that the Clerk's copy was correct and did not need to be changed. MOVED by Earl, SECONDED by Houchins to close the Public Hearing. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Houchins, and Evans. Those voting no: none. Absent and not voting: none. Abstain: Wells, MOTION CARRIED The Mayor officially closed the Public Hearing and read Bill No. 2 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 94 -4 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING Book 37 Page 32 FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEPARABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Nancolas, SECONDED by Earl to waive the rule requiring that a Bill be read at three separate times and that the Bill be read by title only for the one reading. Roll call vote. Those voting yes: Nancolas, Langan, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: none. Abstain: wells. MOTION CARRIED MOVED by Nancolas, SECONDED by Langan that Bill No. 2 be passed and entitled Ordinance No. 2130 after the one reading by title only. Roll call vote. Those voting yes: Nancolas, Langan, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: none. Abstain: Wells_ MOTION CARRIED (RECOMMENDATION FROM THE MAYOR FOR APPOINTMENT OF BILL GILBERT TO THE PLANNING AND ZONING COMMISSION AS REPRESENTATIVE FROM THE IMPACT AREA) Mayor Winder informed Council that he was recommending to the Members of the City Council that Bill Gilbert be appointed to the Planning and Zoning Commission as the representative from the Impact Area. His term would expire on December 31, 1998. Attached to the Council's memo was a brief resume submitted by Mr. Gilbert. MOVED by Earl, SECONDED by Wells to approve the appointment of Bill Gilbert to the Planning and Zoning Commission as the Representative of the Impact Area as recommended by the Mayor. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee reviewed current accounts payable in the amount. of $754,005.05 for the period ended January 31, 1996, and a net payroll of $103,769.87 for the pay period ended January 20, 1996. MOVED by Earl, SECONDED by Langan that accounts payable in the amount of $754,005.05 represented by check numbers 45974 through 46234 and payroll for the amount of $103,769.87 represented by checks ° number 54392 through 54492 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 37 (COMMITTEE REPORTS) Councilman Houchins reported that he received from the Human Resource Director of Canyon County, who was a graduate of the 1996 Leadership Caldwell, a request to meet with the entire City Council for about thirty -five minutes on Tuesday, April 30, 1996, from 1:45 to 2:20 p.m. at the City Hall. Mr. Houchins asked the Members of the Council to let him know if they could meet at that time. They wanted Council to consider three items: 1. Council's responsibilities in regard to Idaho Code; 2. How the Council interacts with the Mayor in governing the City; 3. How business leaders can assist the Council and help Caldwell run more effectively. In addition, Councilman Houchins stated that he would request a workshop for 6:30 p.m. on February 20th to update the Council on the Caldwell Events Center. The Mayor informed Councilman Houchins that he already scheduled a Workshop with the Cemetery for that date. However, there was no reason why they couldn't have both. It was agreed that the Workshop .regarding the Events Center would be at 6:00 p.m. and the Cemetery Workshop at 6:30 p.m. regarding pets in the Cemetery. Councilman Nancolas stated that he was asked to be on a Board for the Police Department's DARE Program and their first meeting would be at 6:00 p.m. on the 20th and he was committed to be there. Councilman Houchins said that he would update Councilman Nancolas on the Workshop since he was unable to attend. Councilman Evans commented on a Workshop held by Planning and Zoning where it was agreed that there was really not a procedure in written form for someone wanting to build in Caldwell. Concern was expressed that there was a lot of gray area that needed to be more specific. The Planning and Zoning Director assured Mr. Evans that they were discussing developing a program of this kind. Councilwoman Earl reported that she wrote several letters of opposition to House Bill 458 regarding annexation. The Bill was placed on hold for rewrite. Mrs. Earl also informed Council that she received a letter from John Carpenter of the Engineering Department asking her to be a part of a Traffic Committee that was going to start looking at a traffic study for the City. Councilman Nancolas stated that he had a good conversation with Mr. Gigray who agreed to stay on hold until he received something in writing as to how the City wanted him to proceed. Mr. Gigray sent him a condensed version of the Impact Area Agreement which both he and Councilwoman Earl would review. Councilman Langan reported that he attended the Townsite Committee Meeting along with Councilman Wells and Councilwoman Earl. They were developing plans for a Business Improvement District. (MAYOR'S COMMENTS) Mayor Winder reported on the following: The National Coalition Building Institute was holding a workshop for the Members of the City Council and the City Department Heads on Monday, February 12th; he had lunch with Congressman Chenoweth and discussed the environmental concerns that the cities have; met with Richard Mollerup, Attorney for Beukelman and Foster to discuss ways to resolve that situation; a meeting was held with Idaho Page 33 Book 37 Page 34 Power pertaining to the franchise agreement; Mr. Wolfe reported on ICRMP stating that the City's loss experience was much lower than the previous year; the Incubator Project Office on East Chicago was open and working on getting some tenants; had lunch in Nampa with the Anglo and Hispanic seniors; the A.I.C. Legislative Committee meets on February 7th; the Chamber Retreat was scheduled for February 9th and 10th at Sun Valley which he would attend; on Tuesday, February 13th, there was a Town Meeting scheduled at the Elks Lodge at 7:00 p.m. to discuss the Fire and Police Departments; the Sexton talked to him about the problem they were having with pets in the Cemetery; Thursday, February 27th, at 7:00 p.m., the City Traffic Study Committee was going to meet and everyone was welcome to attend; received word from Mr. Gigray that the decision from the Ninth Circuit Court of Appeals was received and he would have a report back to us on the decision. Robert Vasquez reported that he was also at the Townsite Committee Meeting and the presenter from Nampa indicated that Caldwell was far ahead of the City of Nampa when they began their downtown revitalization project. Following Mr. Vasquez's comments, the Council and City Engineer discussed what proposals the Townsite Committee was considering. (ADJOURNMENT) Since there was no further business, it was MOVED by Langan, SECONDED by Evans that the Regular City Council Meeting be adjourned at 8:45 p.m. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Nancolas. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS Written. THIS 20th DAY OF February 1 1996. rl , VA ATTEST: Counci 1persj�)n Cou4c.ilpersc Councilperson / 9- - City Clerk