HomeMy WebLinkAbout1995-02-21city council minutesBook 36
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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;
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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
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(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
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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:
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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
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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
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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.
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(ADJOURNMENT)
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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
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