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HomeMy WebLinkAbout1995-02-21city council minutesBook 36 Page 36 REGULAR MEETING February 21, 1995 7:30 p.m. The Meeting was called to order by Mayor Winder. 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: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Absent: none. (ADDITIONS OR DELETIONS TO THE AGENDA) The Mayor asked if there were any additions or deletions to the prepared Agenda, Councilwoman Earl requested that Item Number 4, Public Improvements Deferral Agreement from Nancy Burback, under the Consent Calendar be moved to Item Number 3 under New Business. MOVED by Earl, SECONDED by Houchins that Item Number 4 under the Consent Calendar be moved to Item Number 3 under New Business. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (INTRODUCTION OF SPECIAL VISITORS) Since there were no special visitors to introduce, the Mayor declared that the meeting would continue as outlined. (AUDIENCE PARTICIPATION) Mayor Winder asked if there was anyone in the audience who cared to address the City Council at this time on any item not included on the prepared Agenda. Jean Carr - Jellison was recognized by the Mayor and spoke briefly about Celebrate Caldwell. The first function was to be held on July 29th and they will be utilizing as much of the downtown area as possible. Ms. Jellison stated that she wanted Council to know that the plans were underway and they welcomed any suggestions to make it successful. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar to the City Council for their consideration: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of February 6, 1995, and approve as written; 2_ Accept the minutes of the Historic Preservation Commission Meeting of February 9, 1995; the Planning and Zoning Commission Meeting of February 2, 1995; the Transportation Workshop held on January 30, 1995; and the Library Board Meeting of February 2, 1995; Book 36 3. Accept the bid from Pro -Power Equipment Company for a riding type lawn mower for the Cemetery Department; 4. Acknowledge an information memo regarding the Caldwell Depot. MOVED by Nancolas, SECONDED by Earl to accept the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. OLD BUSINESS Page 37 (RESOLUTION TO APPROVE AGREEMENT WITH WEST ONE BANK TO ACT AS PAYING AGENT AND REGISTRAR FOR CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 1, SERIES 1995) Mayor Winder read the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND WEST ONE BANK. BE IT RESOLVED, That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are authorized to execute an Agreement between the City of Caldwell and West One Bank for the purpose of acting as paying agent and registrar to pay principal and interest on Consolidated Local Improvement District No. 1, Series 1995 Bonds, dated February 22, 1995. Councilman Raymond commented that he had a question with regard to the wording contained in the fee schedule. This concern was also expressed by other Members of the Council. He did have confidence that the City had good Counsel on this issue, but he felt there needed to be some clarification with regard to the fee schedule. Councilman Raymond further stated that he was comfortable in passing the Resolution subject to asking for some clarification of the fee schedule to follow. MOVED by Raymond, SECONDED by Nancolas to pass the Resolution to approve the agreement with West One Bank to act as paying agent and registrar for Consolidated Local Improvement District No. 1, Series 1995, and request that the Mayor bring back to Council at a future meeting the clarification of the fee schedule. Roll call vote. Those voting yes: Raymond, Earl, Nancolas, Langan, Carpenter, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED I�ICI:�_ 44 (RESOLUTION REGARDING SIDEWALK INSTALLATION) Mayor Winder read the Resolution as follows: RESOLUTION PROVIDING FOR STANDARDS AND RESTRICTIONS APPERTAINING TO THE REPLACEMENT AND /OR IMPROVEMENT OF SIDEWALKS WITHIN THE BOUNDARIES OF THE CITY OF CALDWELL WHICH ARE WITHIN THE BOUNDS OF THE CITY OF CALDWELL'S RIGHT -OF -WAY. WHEREAS, there are considerable numbers of areas and neighborhoods within the boundaries of the City of Caldwell which are characterized by having an established Book 36 Page 38 pattern of sidewalks within the City of Caldwell's right - of -way either inset from the adjacent street or abutting the curb of the adjacent street; and WHEREAS, the purpose of the inset sidewalk is to provide a safe and efficient means of pedestrian transportation removed from vehicular traffic and to provide, in most instances, a landscaping buffer and amenity that enhances the streetscape and the neighborhood; and WHEREAS, sidewalks and specifically the inset sidewalks are an integral component and feature of the City's transportation system, contribute to the historic character and quality of the neighborhoods in which they exist and are consistent with similar development of other cities with improvements of like age and vintage; and WHEREAS, the placement of fencing in residential neighborhoods is strongly governed by relationships to the edge of street pavement, curb face or sidewalk and, therefore, in the interest of public safety, necessitates continuity in sidewalk placement and design; and WHEREAS, sidewalks are part of the City of Caldwell's public right -of -way and infrastructure and, therefore, are a community asset and resource requiring diligent care and stewardship and WHEREAS, it is found by the City Council that there is presently considerable interest by reason of the open L.I.D. to upgrade, improve and /or replace existing sidewalks in many of the neighborhoods and areas hereinabove described; and WHEREAS, it is found by the City Council that the historic character of said inset sidewalk, the public safety and the fundamental purpose of the sidewalk as a transportation system, is in danger of being jeopardized because some property owners have changed the location of said sidewalks, thereby altering the continuity and established pattern of design; and WHEREAS, it is found by the City Council the principal goal of the Transportation Component of the Caldwell Comprehensive Plan is to make provisions for every feasible form of transportation, including cars, trucks, trains, aircraft, bicycles and pedestrians, for the safe, efficient movement of people, goods and services; and WHEREAS, it is found by the City Council that subordinate objectives of the Transportation Component of the Caldwell Comprehensive Plan call for providing a systematic network of pedestrian routes and bicycle routes throughout the community as a means to expand and enhance the transportation system; and, establishing a continuous network of sidewalks throughout the City utilizing both refurbishment and expansion of existing and future sidewalks; and WHEREAS, it is found that the City of Caldwell's interest herein in the preservation of established patterns of sidewalk placement and design is consistent with the purposes of historic preservation of the State of Idaho as enacted in Idaho Code Chapter 46 Title 67, the Caldwell Comprehensive Plan and the Municipal Code of the City of Caldwell; NOW, THEREFORE BE IT RESOLVED, based upon the above and foregoing stated intent and purpose that: Book 36 IT IS HEREBY DECLARED as the official policy of the City of Caldwell that no sidewalk shall be replaced, repaired and /or modified, except to restore and /or replace the same at its original location and width, to include those areas and those locations where said sidewalk is inset from the curb and the adjacent street, or at those locations where there was formerly a sidewalk which was inset from the street. FURTHER, IT IS HEREBY DECLARED that an exception to this official policy may be granted by the City Engineer upon demonstration that a physical feature or characteristics (e.g. specimen tree, surface root system, above ground utility service, steep gradient) results in hardship and renders compliance with this policy unreasonable and impracticable. Any exception granted shall attempt to minimize the extent of deviation from the established pattern of sidewalk placement in order to preserve continuity of the existing sidewalk system. IT IS FURTHER HEREBY DECLARED the policy of the City that any sidewalk constructed in the right -of -way of the City of Caldwell in contravention to this policy shall be considered an encroachment upon the right -of -way of the City and shall be subject to removal pursuant to the laws and authority of the City of Caldwell under its ordinances and policies and the laws of the State of Idaho. The Planning and Zoning Director, Dennis Crooks, reviewed his memo to Council stating that the Historic Preservation Commission prepared a draft Resolution for the consideration of the City Council pertaining to the placement of sidewalks within the City particularly in those neighborhoods characterized by an established pattern of inset sidewalk design. The Commission became involved in this issue after becoming aware that some sidewalk locations had changed which in turn affected the continuity and integrity of the sidewalk design. They found that, in particular, the inset sidewalk was an integral feature of the older, historic residential neighborhoods and as such should be preserved. Mr. Crooks continued explaining that other factors were examined and considered as well, which included regulations for fencing placement and the sidewalk as a system or component of transportation. Furthermore, when there was a deviation from the established pattern of sidewalk placement, there was an ensuing effect on public safety and also the sidewalk system as an efficient means of pedestrian transportation. The Resolution attempts to establish an official City Policy pertaining to the replacement of sidewalks within the City. Included within the Resolution was a waiver provision which recognizes that there may be an unique circumstance related to a physical feature of a property which makes full compliance with this policy impracticable. The Director presented some slides for Council illustrating several neighborhoods in the City where sidewalks have either been preserved to maintain the continuity or others that have not been maintained in that manner. The City Council discussed the issue at some length including the fact that the Planning and Zoning Commission had not reviewed this Resolution and if it should be included in the Planning and Zoning Ordinances, fencing if sidewalks are along the curb line, whether the Resolution should be adjusted to apply to certain areas in Caldwell, the importance of continuity along the City streets to protect integrity and beauty, if it should be Page 39 Book 36 Page 40 discussed with the Homeowner's Association that was active on Everett and Dearborn. After discussion, it was MOVED by Raymond, SECONDED by Houchins to table until the next Regular City Council Meeting on March 6, 1995. Roll call vote. Those voting yes: Raymond and Houchins. Those voting no: Earl, Nancolas, Langan, and Carpenter. Absent and not voting: none. MOTION DENIED It was then MOVED by Carpenter, SECONDED by Langan to approve the Resolution as presented. Roll call vote. Those voting yes: Carpenter, Earl, Nancolas, and Langan. Those voting no: Houchins and Raymond. Absent and not voting: none. MOTION CARRIED (RESOLUTION - APPROVE ADDENDUM TO LEASE AGREEMENT AT AIRPORT WITH AVJET) After a short discussion, it was MOVED by Carpenter, SECONDED by Earl to table this item until the next Regular City Council Meeting on March 6th and ask the Airport Manager to be present to answer questions. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, Nancolas, and Langan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC IMPROVEMENTS DEFERRAL AGREEMENT FROM NANCY BURBACH) Councilman Raymond stated that he had a problem passing this Agreement without further information as to why the deferral was requested. He suggested that the applicant be asked to come to the Council Meeting to answer questions. During the ensuing discussion, it was also suggested that the applicant bring justification such as pictures. Council members also noted that they would have an opportunity to drive by this location before the next meeting. MOVED by Nancolas, SECONDED by Raymond to table this Agreement until the next Regular City Council Meeting on March 6th and that the applicant be requested to attend that meeting. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee reviewed and approved current accounts payable in the amount of $149,457.56 and a payroll of $98,640.81 for the period ended February 15, 1995. MOVED by Earl, SECONDED by Langan that accounts payable in the amount of $149,457.56 represented by checks number 40864 through 40942 and a payroll for the amount of $98,640.81 represented by checks number 51217 through Book 36 51341 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. .Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilman Langan reported on the last Golf Board Meeting stating that they did discuss the Judicial Confirmation process for the sprinkler system at Purple Sage and safety issues at Fairview Golf Course. Councilman Nancolas stated that there was to be a Transportation Sub - committee meeting the next day at 12:15 p.m. and he reported briefly on the possibility of building a new high school. Councilwoman Earl reported briefly on the Human Rights Task Force Board. Councilman Raymond mentioned the ground breaking the next day for Turning Point on Marble Front. Mr. Raymond also commented with regard to the condition of the railroad crossing on 21st. Councilwoman Carpenter reported with regard to the self insurance program. This was discussed by Council with the Mayor stating that he would gather information and get back with the City Council so a decision can be made as to how to proceed. Councilwoman Carpenter further reported that she met with a representative from B.F.I. with regard to the recycling program. They were ready to start helping the City with the drop off location and would be asking the Mayor some questions with regard to timing, public information and etc. (MAYOR'S COMMENTS) Mayor Winder commented that the Comfort Inn was having a six year celebration on February 22nd. The Mayor also stated that the City Engineer was not able to attend the Council Meeting tonight but asked him to report on several things for him. One was that the Staff was working on a facilities plan for the Treatment Plant to prepare for construction some time within the next year. The other issue was the Terrace Local Improvement District. Mr. Law indicated that it was a tough project and an expensive project. However, there were some health problems up there with failed septic systems. The Mayor also reported on a scheduled meeting this coming Friday for the purpose of discussing the route of the sewer to vallivue High School, that the microfilm program was going forward with the Police Department, two architectural firms were looking at the Council Chambers and would submit proposals as to what they would charge for plans to remodel, and that the cat situation was being investigated. Mayor Winder announced that the next Regular City Council Meeting was scheduled for March 6, 1995. Page 41 (ADJOURNMENT) Book 36 MOVED by Earl, SECONDED by Nancolas that since there was no further business, the meeting be adjourned at 9:05 p -m. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Hcuchins, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 6th DAY OF March , 1995. Page 42 Z' � � /"I , -,- � �-- L Mayo �Cot{nci sin Counci.lperson Councilperson City Clerk ATTEST: