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HomeMy WebLinkAbout1989-02-21city council minutesBook 30 REGULAR MEETING February 21, 1.989 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page 38 The Mayor requested that everyone stand for the Pledge of Allegience to the Flag. The Roll of the City Council was called with the following members present: Winder, Houchins, Mallea, and Straight. Absent: Raymond and Jarboe. Mayor Cowles explained that the absence of Councilman Jarboe was due to illness and Councilman Raymond was out of town. There was a quorum present so the Meeting would proceed. (ADDITIONS TO THE AGENDA) The Mayor requested permission from the City Council to include a report from the Economic Development Project to be presented by Bob Carpenter. MOVED by Winder, SECONDED by Straight that the report from the Economic Development Project be included as Item 3 under Old Business. MOTION CARRIED (AUDIENCE PARTICIPATION) Mayor Cowles asked if there was anyone from the audience who cared to address the City Council on any item that was not included on the prepared Agenda. Camilo Lopez was recognized and informed the Council that he had two concerns. The first was with regard to the Economic Development Project and since it was now a part of the Agenda, he would listen to that report before presen his concern. The other was pertaining to the expansion of the sewer system out to Lakeys. The Mayor explained that the sewer extension to Lakeys was included on the Agenda as Item 6 under New Business. He assured Mr. Lopez that he would be given an opportunity to ask questions at that time after the Staff has given their report. Mr. Lopez agreed to reserve his questions until the appropriate time during the meeting. (CONSENT CALENDAR) The first item under the Consent Calendar was to dispense with the reading of the Minutes of the Regular City Council Meeting of February 6, 1989, and the Special City Council Meeting of February 13, 1989, and approve them as written. The second item was to accept the Minutes of the Golf Board Meeting held on February 8, 1989. MOVED by Mallea, SECONDED by Straight to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Mallea, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Jarboe and Raymond. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 4 - REZONE OF PROPERTY ON WEST LOGAN; Book 30 Page 39 I.O.O. F.) Mayor Cowles explained that this was the time established for the second reading of Bill No. 4. Councilman Winder was requested to read the Bill by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO FROM R -1 SINGLE FAMILY RESIDENTIAL TO R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL ON THE OFFICIAL ZONING MAP; AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH_ As there was no discussion requested by the City Council, the Mayor declared this to be the second reading of Bill No. 4. (THIRD READING OF BILL NO. 3 - VACATION OF BROCK BETWEEN ASH AND HAZEL) Mayor Cowles informed Council that the next item under Old Business was the third reading of Bill No. 3; the vacation of Brock between Ash and Hazel. He requested that Councilwoman Straight read Bill No. 3 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE: The West 40 feet of Brock Avenue lying between West Ash Street and West Hazel Street as shown on the Plat of West Ash Addition on file in Book 8 of Plats at Page 7 in the Office of the Recorder of Canyon County, Idaho; and also, A 10 -foot parcel of land dedicated for right of way purposes more particularly described as follows: BEGINNING at the Northeast corner of Lot 7 of Black 3 of said West Ash Addition; thence North 89" 51'30" West, 10.00 feet; thence south 0'05'45" West, 280.00 feet to a point which is on the North boundary line West Ash Street; thence South 89' 51'30" East, 10.00 feet; thence North O 05'45" East, 280.00 feet to the POINT OF BEGINNING. As there was no further discussion, the Mayor asked for action from the City Council. MOVED by Straight, SECONDED by Winder to dispense with the rule requiring that a Bill be read in full for one reading and that the Bill be passed after three readings by title only. Roll call vote. Those voting yes: Straight, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Raymond and Jarboe. MOTION CARRIED MOVED by Straight, SECONDED by Winder that the Resolution of Intent for passage, approval and publication of Bill No. 3 be passed and that Bill No. 3 be passed and entitled Ordinance No. 1803. Roll call vote. Those voting yes: Straight, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Jarboe and Raymond. MOTION CARRIED Book 30 Page 40 (REPORT FROM THE ECONOMIC DEVELOPMENT PROJECT) The Mayor recognized Bob Carpenter who made his report as follows: All weekly meetings of the Board of Directors have been held as scheduled_ Most of our effort has been spent on obtaining a Director. We have now hired John Hoehne to fill the Office of Director at an annual salary of $30,000. He is currently the Director of Community Improvement for the Municipal Energy Agency of Nebraska and the Nebraska Municipal Power Pool in Lincoln, Nebraska. John's responsibilities include a wide range of community and economic development activities for 51 towns in Nebraska and Colorado. John will start in Caldwell on or about March 6th and looks forward to meeting with each of you shortly thereafter. To date no funds have been spent from the grant provided by the City of Caldwell to Caldwell Economic Development. All future financial records and accounting will be done by Ripley, Doorn and Co. Mr. Carpenter also requested permission to read the following letter addressed to the City Council and the Mayor: Speaking on behalf of the Economic Development Project, we would like to commend each of you as City leaders in coming to a tough but proper decision to upgrade our irrigation system. It makes a strong statement of faith in our community to anyone looking at Caldwell, whether their interest be residential., commercial or industrial. This faith in the future and in ourselves is what we are judged by. Thank you for showing once again that you have the future of Caldwell very much at heart. /s/ Bob Carpenter, Ron Carter, and Orville Collins NEW BUSINESS (APPEARANCE OF ELAINE LEPPERT - CENTENNIAL REPORT) Mayor Cowles introduced Elaine Leppert, Librarian for the Caldwell Public Library, who was present at the meeting to report on the progress of the Caldwell Committee for Idaho State Centennial. Ms. Leppert reported at some length pertaining to what has been done and what is planned for the future. She stated that they would welcome any suggestions and involvement from all of the citizens of Caldwell„ In order for Caldwell to make the Centennial Year a banner one, cooperation and commitment will be the keys. She also thanked the Mayor and the City Council for their interest and help. (CONSIDERATION OF RESOLUTION REGARDING THE FAIR LEASE) Mayor Cowles stated that the next item was consideration of the Fair Lease. He asked Doug McConnaughey, the Events Center Manager, to explain what has been discussed and considered in composing this Agreement. Mr. McConnaughey informed Council that they were presented with a copy of the third draft of Lease Agreement for the rental of the Fair Building by the City of Caldwell. This Agreement was negotiated under the leadership of the Mayor, composed by the City Attorney and he felt it was a fair lease to everyone involved. It allows a partnership between the City and the County and at the same time enhances the possibility of the County Fair being in the City of Caldwell for many years to come. The Event's Manager further commented that there was one correction necessary which was pointed out by Councilwoman Book 30 Page 41 Mallea. This was under No. 8, Payment for Fire Insurance and Liability Insurance; it should read City instead of County in line four and line seven. He continued stating that under the terms of the Agreement, all rental income from the facility, both at the Fair Building and the stalls and advertising goes to the City. Presently, the arrangement was that the County administers all of the stalls, pays for their expenses and splits the net at the end of the year with the City. The expenses were much higher than the income and he felt with better management, it could be turned around. With this Agreement, it will all come to the City and not split with the County. Councilman Winder stated that he did not see a provision in the Agreement for user's fees and he would like to know how this would be handled. Mr. McConnaughey stated that this should be included in the Agreement. This was collected from everyone else who uses the facility so he would agree with this suggestion. Councilman Winder also asked the Manager if he had read the report from the Building Inspector and the Fire Department regarding safety items that need to be addressed at the Building. Mr. McConnaughey said that he had read it and had requested the inspection. During the negotiations, it was determined that the County would pay to bring the items into compliance. Councilwoman Mallea stated that she had a number of concerns with regard to this Lease including the portion pertaining to cancellation and also questions about the Building Inspector's concerns. Mrs. Mallea wondered how the City Council would feel about delaying execution of this Agreement until the next meeting in order to get some legal advice on some of the items involved. Councilman Winder said he would not object as long as the Council was specific in what they were looking for in the way of advice and information. Mrs. Mallea suggested that all of the City Council meet with the City Attorney and the Staff or submit written concerns. Number 8 in the Lease was one of her concerns since in No. 7 it states that the County will provide fire insurance. She was not entirely clear yet if 8 should not read, "Payment for fire insurance and liability on horse stalls" and go on through to say that we will use that source. This reflects back on No. 3, page 1, whereby any of the income there is shared with the County. The automatic cancellation on thirty day notice was another concern, as well as concession comments, uses of the building and if the City should accept the Lease with the defects in the building as pointed out by the City Staff. Mrs. Mallea further said she did not know the answers to these questions. Copies of the proposed Lease were just received and she did not think waiting for two weeks would make that much difference. Mayor Cowles responded that he was not opposed to the Council submitting to him their concerns so that he could act on behalf of the City Council which he has been directed to do. He was not entirely in favor of having the Council sit down with the County Commissioners as that would certainly take away from what they have asked him to do. If the Council would get information to him in writing about their concerns, he would sit down with the City Attorney and answer the questions. Councilwoman Mallea stated that she did not ask for a meeting with the Commissioners; it was with the Staff. It was then MOVED by Mallea, SECONDED by Straight that this Lease Agreement be delayed to a time certain at the next Council meeting. Again, the Mayor stated that he would encourage the Council Book 30 Page 42 members to submit in writing their concerns regarding this Agreement. Councilman Winder asked the Manager if he saw any problem in delaying action on this Lease. Mr. McConnaughey stated that he did see a problem. It would be myopic. He felt that there was a number of people who were ready to schedule events in the facility for this summer and next fall. Many of them schedule a year in advance. The Fair Board and the County have put off making any commitments for the year and there was at least ten horse groups and other users standing in line hoping to make arrangements to use the facility. At this time, he couldn't even get a calendar put together. The County was asking for the Contract and it was determined by the Council that they would allow the Mayor to negotiate a lease. The City Attorney was present at every negotiation and was an active participant in drawing up the Lease. Mr. McConnaughey agreed that there was some minor points that needed to be addressed. He would, however, request that the Council please give the Mayor the authority to iron out the small problems and sign the Agreement as soon as possible. Two weeks may cost the City two months. Councilman Winder further stated that he would encourage the City Council to vote against the motion so that they can do what the Council ought to do; that was to give the Mayor the authority to proceed with the concerns expressed and bring back to the Council a modified document for approval. Mayor Cowles asked for a roll call vote on the motion. Those voting yes: Mallea and Straight. Those voting no: Winder and Houchins. Absent and not voting: Jarboe and Raymond. As the vote was a tie, the Mayor broke the tie by voting no. MOTION DENIED The Mayor again stated that he would ask the Council members to forward to him by Thursday their written concerns so that he could sit down with Mr. McConnaughey and the City Attorney and attempt to get back to the Council with a revised document. It is necessary to get approval so that Mr. McConnaughey will have some information and direction to proceed. (CONCESSION AGREEMENT - EVENTS CENTER) Mr. McConnaughey was again recognized by the Mayor and asked to address this item on the Agenda. He apologized for the lateness of the Contract and explained that the City Attorney has been busy with the Legislature, but has give one hundred fifty percent on every request given to him. It wasn't until late Friday afternoon that the Contract was received for the Concessionaire. Mr. McConnaughey proceeded explaining that the concession revenue for the facility was an important part of making the facility succeed. The City Council approved previously giving some money to build a new concession building which will soon be opening. At this time, someone was needed inside to run the concession stand who would be aggressive and work to make it a part of the whole facility. Mr. McConnaughey informed the Council that the document submitted to the Council at this time included his requests -__- for some items that he would like to have in the Contract with the Concessionare. After the City Attorney prepared the document, he then thought that taking the items out of this document and incorporating them in an Independent Contractor Agreement as was used in other instances would be the appropriate way to proceed. Basically, it would be to define and understand responsiblities of both sides of this Agreement. This would include addressing liability insurance, workmen's compensation protection, and several others that have not been included previously. Also, several events were listed that would not be covered by this Agreement as they provide their own concessions. Other Book 30 Page 43 important portions in the document were that the concessionaire will provide service Monday through Saturday, but not Sunday night. On Sunday night, the City will provide the service and subcontract the food service. Councilwoman Mallea stated that she had gone over the Contract and did have some alterations or addendums to suggest. Under Item 4 on page 2, since the City does not own the register outlined, she would like to alter it to read that the concessionaire will be required to use an electronic cash register or other satisfactory device to register all gross sales if said register is provided by the City. Mr. McConnaughey stated that this change was already noted as it was the original intent of the document. Councilwoman Mallea pointed out that under Item 5, page 2, she would like to insert that the concessionaire will obtain all permits required for a food service and pay all expenses for food, labor, and etc. Also, on page 3 regarding the inspection of equipment, add "at any time" at the end of the first sentence and then delete the rest of the paragraph. On page 4, Item 12 to read, "The City agrees to repair or replace --" and under Item 15, page 5, "by concessionaire" should be added to the end of the paragraph. Mayor Cowles requested that Mr. McConnaughey take Councilwoman Mallea's concerns to the City Attorney for his opinion. Councilman Winder noted that under Item 6 and 7, the liability insurance requirement has been changed from $1,000,000.00 to $100,000 per person, $300,000 per accident, $100,000 property damage per accident. The Mayor asked that Mr. McConnaughey notify the Council Members after he has reviewed the changes and additions with the City Attorney. Mr. McConnaughey reminded Council that on March 1st there will not be a concessionaire at the facility. Therefore, he would like for Council to consider an agreement in principle so that there would at least be a temporary contract in place until the proposed agreement could be approved. The Mayor stated that he would hope that when the motion is made, the Council would allow authorization of this contract after the Attorney has reviewed the concerns. It was imperative that the Agreement be in place as soon as possible and if the concerns were addressed, the Mayor said he could not see any further problems. He further stated that he would hope that the Council would have confidence in him to proceed. Councilwoman Mallea stated that when the Mayor and Mr. McConnaughey are convinced that the concerns have been addressed, she would MOVE, SECONDED by Houchins that the Mayor or Mr. McConnaughey be allowed to enter into an Independent Contractor Agreement: for the concessionaire at the Caldwell Events Center. Roll call vote. Those voting yes: Mallea, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Jarboe and Raymond. MOTION CARRIED (REQUEST TO AUTHORIZE APPLICATION FOR A GRANT FROM THE STATE PARRS AND RECREATION) Mr. McConnaughey, the Event's Center Manager, was again recognized by the Mayor and requested to address this item on the Agenda. Book 30 Page 44 Mr. McConnaughey reminded the City Council that a memo was distributed to them with regard to this item. The memo was as follows: The State Department of Parks and Recreation currently has funds available to establish recreational vehicle facilities within the State. These are not matching funds and the only financial commitment on the City's part in receiving these funds is operation and maintenance costs of the facility once built. There are only three RV dump stations within the City of Caldwell (two are private and have a fee and one is at the Treatment Plant and somewhat inaccessible). As a Gateway City that many eastern bound tourists must pass through, we need to provide more incentives for them to stop with facilities they may need. In addition, the Caldwell Events Center attracts many RV related activities including an RV Show, Rodeo, Fair, etc. Having a RV dump station on the premises would improve the service we offer. Since the center is easily accessible and highly visible, the location is perfect. Signs along the Interstate and State Highway will get the tourist off the road and into Caldwell to use the facilities. The expected cost to provide this service will run about $200 a year and will become a part of the services and budget of the Events Center. The City Council discussed this request at some length particularly with regard to charging a fee and the housekeeping requirements if the station was near the Events Center. It was agreed that the Manager would address the fee and fencing more specifically at a later date. MOVED by Houchins, SECONDED by Mallea that the Event's Manager be authorized to proceed to apply for the grant from the State Parks and Recreation for a RV dump station. MOTION CARRIED (ENCROACHMENT AGREEMENT - DAIRYMEN'S) The City Engineer, Ron Redmond, informed the Council that the following letter was received from Dairymen's Creamery Association: Dairymen's Creamery Association hereby requests permission to encroach in the street right of way of Albany Street between 5th Avenue North and 6th Avenue North. The proposed construction of two 6,000 gallon crystallizing tanks and one 20,000 gallon condensed milk storage silo will add to our production capabilities. The most practical site for these additions is in the street right of way as shown on the enclosed drawings. The two crystallizing tanks provide more holding volume for crystalliation which is necessary due to the enlarged cheese facility. The 20,000 gallon tank will allow the plant to handle condensed milk more efficiently and, therefore, provide an increasing _. economic climate for the City of Cadlwell. The footings have been sized to encroach as little as practical and still support the silos. This design encroaches approximately 2 feet less than the design submitted in March of 1988. As shown on the drawing, the proposed encroachments are slightly greater than the previous encroachments by the two silos west of the proposed site. The proposed encroachment will not consitute a significant projection outside of existing structures in the area. Book 30 Page 45 The public traffic in this area is light due the heavy use by creamery trucks maneuvering in this block. The impact of this proposed encroachment would be minimal to the public. The utilities in this area are already present and new utility construction would not be required at the site of the proposed silos. The Mayor stated that the Council members were briefed on this item and shown the area on a map during the pre - council meeting. Mr. Redmond stated that he would recommend that the City Council enter into an Encroachment Agreement to allow Dairymen's to occupy the right of way. MOVED by Winder, SECONDED by Mallea that the City Engineer be authorized to enter into an Agreement with Dairymen's Creamery for an encroachment to the Albany Street right of way not to exceed the encroachment that already exists on that street. MOTION CARRIED (SEWER EXTENSION AGREEMENT WITH LAKEY'S) The City Engineer stated that a memo from his Department was distributed to the members of the City Council explaining the details of this item. Mr. Redmond explained that Rick Huddleston of the State Department of Health informed him that the grant requests for a Block Grant submitted by Lakey's to assist in funding a portion of the project has been turned down. He also indicated that it was doubtful that the Lakey's group would be able to borrow sufficient funds to allow the project to proceed as presently formatted. Mr. Huddleston requested that he approach the Council to determine if the City would consider providing matching funds to the State Department of Health Grant the City already has. At the time of the application, the estimated cost of the improvement was approximately $325,000. The project would entail the extension of the gravity line from the area of the Nicholes storage tanks off of Franklin on up to and across the Interchange about to Highway 20 -26 and what would be the extension of Andy Lane north of the Airport. At that location, there would be a pump station installed and a pressure line extended approximately a mile on out to Lakey's. It would collect the sewage from the Lakey's area and would be pumped back into the City system. As the project was submitted, the Lakey's development was to come up with the match money for this project of the seventy - five /twenty -five match. The match portion for what could be considered construction within the City Limits would have been around $45,000. At that time, because of the future construction needs of the City and also the fact that we would be providing service outside of the City, it was determined that it would be appropriate for Lakey's to provide all of the match. In the meantime, Lakey's have applied for Block Grant funds, for loans, and a number of other funding sources to attempt to come up with the match. It appears now that they will not be successful. After Mr. Redmond's comments, the Mayor asked Camilo Lopez if he cared to speak to the Council about this item as he requested at the beginning of the meeting. Mr. Lopez informed Council that his concern was that the City, without the benefit of annexation of the property, would be subsidizing private enterprise. If that private entity cannot come up with the matching funds and the City did provide the subsidy, what about the maintenance costs later. Also, he was concerned as to whether the City Treatment Plant will be able to handle that expansion. Once the City opens the extension to Lakey's, others will want to tie in as well. Book 30 Page 46 There was a great deal of discussion about Mr. Lopez's comments as well as the pros and cons for proceeding with this project. Councilman Winder pointed out that there was some advantages to the project from the long range growth standpoint of the City of Caldwell. If it was decided to proceed and it was done in a manner to provide for additional hookups in the future, then the entire area could be developed. If the Council decides to go with the project as proposed now, there would be no way of servicing anyone other than those entities at Lakey's. Mr. Redmond stated that the project does provide capability of serving an area around the Interchange, but the pump station on out to Lakey's was designed only to handle the entities at Lakey's; the restaurant, the bar, and the trailer park. The City could only develop about a quarter of a mile from the Interchange. Councilman Winder commented that this was a significant amount of area that could be developed if the City chose to do so. The negative aspects was that the current users of the City's Treatment Plant would. have to subsidize part of the cost of installations and the maintenance. Councilwoman Mallea was recognized and said that the City has increased the sewer rates for this year and for the next five years. As she understood the proposal, it would be an additional minimum of $320,000. In the beginning, they talked of running the grant through the City of Caldwell as a good neighbor policy and also to provide the capacity for future development with the grant and as a process of not developing in lagoons. However, the significance of the amount of money and the distance of the utilization of this area left her feeling that the City should back off from administering or composing more grant money. After further discussion, Councilman Winder commented that two of the City Council were absent at this time. Therefore, he would prefer that action on this matter be taken when the full Council was present. It was then MOVED by Winder, SECONDED by Straight that this item be tabled until the next regularly scheduled Council Meeting. Roll Call vote. Those voting yes: Winder, Houchins, and Straight. Those voting no: Mallea. Absent and not voting: Jarboe and Raymond. MOTION CARRIED Mayor Cowles stated that this item would be on the Agenda for the March 6, 1989, Regular City Council Meeting. (FINANCIAL REPORT) Since Councilman Jarboe was not present at the meeting, the Mayor stated that Councilman Winder would present the report. Councilman Winder reported that the bills were reviewed showing Accounts Payable in the amount of $895,190.28; Salaries in the amount of $199,689.71 with Fringe Benefits of $67,689.31 making a total of $1,162,469.30. MOVED by Winder, SECONDED by Houchins that the financial report be accepted, the bills to be paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) The City Council members stated that they had no other comments or reports to make at this time. Book 30 Page 47 Mayor Cowles did mention that there was a short article in the Golf Digest mentioning the Purple Sage Golf Course. He congratulated those working in the Golf Department who were responsible for the good publicity. There being no further business, the Meeting was adjourned at 8:40 p.m. APPROVED AS written THIS 6th DAY OF March 1989 Councilperson Councilperson Councilperson ATTEST: Mayor Councilperson Co Ji pe SG- Councilperson City Cler /