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HomeMy WebLinkAbout1988-03-21city council minutesLook 29 REGULAR MEETING March 21, 1988 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page G4 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: Winder, Houchins, Mallea, Jarboe, and Straight. Absent: Raymond. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council at this time. As there was no one, the Mayor declared that the meeting would continue as outlined on the Agenda. (CONSENT CALENDAR) The Mayor presented the items included under the Consent Calendar for approval by the City Council: To dispense with the reading of the Minutes of the Regular City Council Meeting on March 7, 1988, and the Minutes of the Special City Council Meeting of March 14, 1988, and approve them as written. The second reading of Bill No. 8 which was read by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ESTABLISHING THE POWERS AND DUTIES OF THE CALDWELL HISTORIC PRESERVATION COMMISSION. SUMMARY There exist within the City of Caldwell revidential and commercial buildings having historical and architectural value. These contribute to the cultural and economic welfare of its citizens. It is important that an awareness of this heritage be developed and that an effort to preserve these environmental assets be perpetuated by the duly appointed CALDWELL HISTORIC PRESERVATION COMMISSION. Mayor Cowles also presented for approval a Catering Permit for The Corral to cater at the College of Idaho on the 14th of April. Approval was given by the Chief of Police and the fee was paid to the Office of the City Clerk. The Mayor explained that the members of the City Council received any of the documents necessary for those items on the Consent Calendar. Mayor Cowles then asked the Council to take action on those items as presented. MOVED by Mallea, SECONDED by Winder that approval be given for the Consent Calendar as presented. Councilman Winder was recognized and stated that at the last Council Meeting, he asked several questions with regard to Bill No. 8. He wondered if the Planning and .Zoning Director had any of the answers at this time. Mrs. Robison, the Planning and Zoning Director, said that she was not too clear on the method and means of setting levies. There was, however, the possibility of doing so in the Ordinance if the need should arise. It looked as if there was about a $2,500 amount annually that the City is empowered to budget for the Historical Commission. BOOK 23 Pagc 1.J Roll call vote. Those voting yes: Mallea, Jarboe, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED OLD BUSINESS (PERSONNEL POLICY) The Mayor explained that the City Council met with individuals from the Idaho Employer's Council last Friday to discusssome necessary changes in the Policy. They will be meeting again with the City and the City Attorney will be requested to review the Policy. Several more meetings were planned and hopefully, the City will have a Personnel Policy within a month. (FIRST READING OF BILL NO. 9 - WOOD STOVE ORDINANCE) Mayor Cowles stated that at this time he would present Bill No. 9 to be considered for a first reading. A copy of this Bill was distributed to the Council members for their review. Several cities in the Valley have already passed a wood stove ordinance and Caldwell's proposed Bill was a combination of some of their regulations. The Mayor requested that Councilwoman Mallea read Bill No. 9 by title only as follows: AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 6, CALDWELL CITY CODE TO PROVIDE FOR SOLID FUEL HEATING APPLIANCE PERMITS; PROVIDING DUE PROCESS FOR DENIAL OF PERMIT OR EXEMPTION; PROVIDING FOR MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES; PROVIDING FOR A SOLID FUEL HEATING APPLIANCE APPEALS AND ADVISORY BOARD; PROVIDING FOR A PENALTY FOR NONCOMPLIANCE. MOVED by Mallea, SECONDED by Straight that this be considered the first reading of Bill No. 9. Councilman Winder was recognized by the Mayor and stated that he had some information that he would like to have entered into the record. The first was a column from the Idaho Statesman dated February 8, 1988, written by Betty Penson. The headline stated that smog has hung over Boise for seventy years. Mr. Winder further said that he did not think the problem would be solved by passing the Bill. There was also an ad in the paper from the Ethanol Fuel Association stating that 85% of what we see in the air is caused by automobile exhaust and about 15% from all other sources. Mr. Winder stated that his opposition to this Bill was primarily based on the refusal of the Council to consider all aspects of clean air instead of taking it on just as a single issue. It was his feeling that something should be done with wood stoves, but in addition consider automobiles and agricultural. In that way, it could all be done in a comprehensive manner. Therefore, Councilman Winder stated he was opposed to the Bill for those reasons. The two articles are attached to the official minutes as requested. Mayor Cowles asked for a roll call vote. Those voting yes: Mallea, Jarboe, Straight, and Houchins. Those voting no: Winder. Absent and not voting: Raymond. MOTION CARRIED (ESTABLISH IRRIGATION POLICIES) The City Engineer, Mr. Redmond, stated that he would like to postpone this item on the Agenda. Just before 5:00 p.m. this afternoon, the City Attorney called informing him that he had some recommended modifications to the rules and regulations. He had reviewed the proposed termination clause and also added an appeals commission and a section for definitions. Mr. Redmond further said that he would have the changes typed cook 29 pagc G`: and in the Council boxes as soon as possible. The Mayor agreed to this request and stated that this item would be on the Agenda for the next Regular Council Meeting. NEW BUSINESS (PUBLIC HEARING ON THE VACATION OF STREET AND LOTS IN CITY VIEW TRACT) Mayor Cowles stated that the first item under New Business was a Public Hearing on the vacation of street and lots in City View Tract. The Mayor explained that if anyone in the audience cared to speak to the City Council on this issue, it was necessary to sign up. As there was only one person signed at this time, the Mayor asked if there was anyone else who cared to speak. As there was no one, the Public Hearing was declared open and Mrs. Robison gave a brief explanation of the proposed vacation. The Mayor then recognzied Mr. Edward 0. Cash, 103 7th Avenue, Caldwell, who was the only person on the sign up sheet. Mr. Cash stated that he had no comments unless there was questions he could answer. Mayor Cowles closed the Public Hearing and asked if the City Council cared to discuss the proposed vacation. Mrs. Robison further explainedthatthe legal description prepared by Ron Blakle:y, the Engineer for the developer of the plat, shows the parcels indicated. They were anticipating the plat being filed in order to vacate the streets in the area as shown. If the plat isn't filed, it would have to include the street going through the middle. They were still trying to consolidate the lots to the north of the parcel. MOVED by Winder, SECONDED by Houchins that the vacation be granted as requested. Councilman Winder commented that they would actually be vacating a street that has never been used. The City is not really giving something away. It: was simply a street put on an original plat which has never been used and the way the owners intend to develop, it will not be used in the manner originally established. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED Mrs. Robison requested that a motion also be made indicating that the City Council supported the Bill being prepared to vacate the street. MOVED by Mallea, SECONDED by Straight that a Bill be prepared designated the vacation of street and lots in City View Tract. MOTION CARRIED -- (B.M.X. LEASE AT THE COMPLEX) Mayor Cowles stated that the next item for Council consideration was the Lease Agreement for the B.M.X. track at the Complex. The Mayor further said that there was no changes from the last agreement other than it was a different person. Councilwoman Mallea was recognized and said that there was some provisions in the last leas=e for various things to be accomplished. Before approving the Agreement, she wanted to - �,00� - 29 Page 67 know if they were done and if not, when they will be done. This included landscaping which was to be done in the second year, bleachers that were to be provided as well as a concession stand. Roger Patterson was in the audience and was recognized by the Mayor. Mr. Patterson informed Council that he was the track director for the raceway. He stated that the bleachers were in and a concession stand supplied. There was some trees, but the race track was not landscaped. There was a large, six foot fence that separated 'the track from where the fireworks are shot on the Fourth. This was taken out so the Airstreamers could park there and make it an easier access. Mr. Patterson further said that he was going to put up a four foot fence between the track and. the bleachers for safety reasons. Mr. Patterson also requested that the City Council consider setting the term of the contract for a two year period. Councilwoman Mallea also expressed some concern as to the insurance coverage. After considerable discussion, it was determined by the Mayor that the approval of the lease be delayed until all of the questions could be answered. (RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MONTGOMERY ENGINEERS) Mr. Redmond, the City Engineer, explained that this was a letter agreement with Montgomery Engineers pertaining to hiring Montgomery as construction managers and overseers for the installation of the digester improvements that the City was currently bidding out. It was intended in the original agreement that they would do both the design and construction engineering. However, in reading the fine print only the design was covered. This agreement would expand the agreement to include the construction management and inspection. Councilman Winder read the Resolution for this agreement as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT AGREEMENT BETWEEN THE CITY OF CALDWELL AND MONTGOMERY ENGINEERS, INC. 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 amendment agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Montgomery Engineers, Inc., for the purpose of work at the Treatment Plant. MOVED by Winder, SECONDED by Houchins that the Resolution be passed authorizing the execution of the amendment agreement between the City of Caldwell and Montgomery Engineers, Inc. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (AWARD BID FOR WEED CONTROL AT THE AIRPORT) The City Engineer was requested to report on the bid opening for the weed control at the Airport. Mr. Redmond stated that bids were opened that afternoon. There was two bidders: a bid from Larry Sall and Jim Metzger stating an annual price of $6,967.50 and a bid from Shore and Shore in the amount of $15,000 per year. Mr. Redmond said that he would presume it appropriate to award to the low bidder. Mayor Cowles pointed out the rather large discrepancy between book 29 Page 6' V the two bids. Mr. Redmond stated -that supposedly both of them bid on the same set of specifications. Mr. Redmond also informed the Council that Shore and Shore was the contractor for the last three years and they have done an outstanding job. Mr. Metzger was a F.B.O. operator at the Airport and should be aware of what is required. The City Council discussed this matter at some length agreeing that a determination should be made as to what was the low, responsible bid before the bid was awarded. As there didn't seem to be any need for urgency, the City Council decided to delay the approval of the bid until a determination could be made as to the reason for the big difference in the two bid amounts. (THIRD READING OF BILL NO. 6) Mayor Cowles requested that Councilwoman Straight read Bill No. 6 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 2, SECTION 2, TITLE V OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING PLUMBING CODE BY ADDING TO SECTION 2 PERTAINING TO STATE CONTRACTOR'S LICENSE REQUIRED TO ENGAGE IN BUSINESS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. It was then MOVED by Straight, SECONDED by Jarboe to suspend the rule requiring that a Bill be read in full for one reading and that Bill No. 6 be :read by title only for the three readings. Roll call vote. Those voting yes: Straight, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Straight, SECONDED by Jarboe that Bill Nc. 6 be passed and entitled Ordinance No. 1776. Roll call vote. Those voting yes: Straight, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (THIRD READING OF BILL NO. - 7) Mayor Cowles requested that Councilman Jarboe read Bill No. 7 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 3, SECTION 3, TITLE V OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING ELECTRICAL CODE BY ADDING TO SECTION 3 PERTAINING TO STATE CONTRACTOR'S LICENSE REQUIRED TO ENGAGE IN BUSINESS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Jarboe, SECONDED by Houchins to suspend the rule requiring that a Bill be read in :full and that Bill No. 7 be - read by title only for the three readings. Roll call vote. Those voting yes: Jarboe, Straight, Wander, Houchins, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Jarboe, SECONDED by Houchins that Bill No. 7 be passed and entitled Ordinance No. 1777. Roll call vote. Those voting yes: Jarboe, Straight, Winder, oo;; 29 pac e 6 9 Houchins, and Mallea. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (FINANCIAL REPORT) Councilman Winder was recognized by the Mayor to present the Financial Report. Mr. Winder stated that the Finance Committee reviewed the bills and was presenting the following for acceptance by the City Council: Accounts payable in the amount of $410,717.37; Salaries in the amount of $193,209.23 with fringe benefits of $62,597.44 making a total of $666,524.04. MOVED by Winder, SECONDED by Houchins that the report be accepted, the bills paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that she attended the Rodeo Board luncheon at the Saratoga. A preliminary agreement will be presented for the Council's purusal by the Rodeo Board. Mrs. Mallea also wished the Press Tribune reporter well as she would be leaving the area next week. (MAYOR'S COMMENTS) Mayor Cowles recognized Mike Gable who had requested to speak to the City Council at this time. Mr. Gable stated that due to the lack of funds, the Trolley was discontinuing service to the area. He explained how he was planning to approach the City of Nampa, the County Commissioners, and the City of Caldwell for possible financial help. He presented figures to the Mayor and Council indicating the number of people using the trolley emphasizing the use by the senior citizens. Mr. Gable further said that he would like for representatives from the three groups to meet together and discuss possible programs to get the trolley on the road again. Mr. Glen Grosenbach from the audience was recognized and commented on how the law of supply and demand should be considered in this matter. He also stated that he did not believe that the taxpayers needed this added burden. Councilman Winder, Chairman of the Finance Committee, said that the Committee did discuss this issue at some length at their last meeting. After reviewing the situation taking into consideration the other problems the City faces regarding the Treatment Plant and the Irrigation Department, the Committee felt they could. not justify making the recommendation to spend the money for this purpose. However, if the Council sees fit to do otherwise, further consideration would be appropriate. Mr. Grosenbeck stated that he would like to volunteer to be on the committee to pursue ways to assist getting the trolley back in operation. Councilman Jarboe also stated that he would be willing to serve in that capacity. Mr. Gable made note of this and stated that he would contact bath of them. The City Engineer, Mr. Redmond, informed Council that he received a request that needed prompt action. At the end of the Airport off Aviation Way between Ustickand Airport property, there is a small nine acre piece of property which belonged to the Campbells. They have now sold it to Hoyt Farms and they have asked if they could replace the City's perimeter fence where the Airport boundary adjoins their property. The property line is actually the Caldwell Drain. As with all Bureau of Reclamation projects, there is a fifty-- Hook 29 written THIS "th DAY OF April five foot easement off the centerline to the drain that irrigation districts claim in order to pull maintenance on that particular ditch. Our perimeter fence of the Airport is set back from the drain the appropriate distance. They are asking to be allowed to only fence the one side of the drain rather than fence both sides; and requesting to replace the City perimeter fence with a six foot high chain link fence with a barbed wire top. Thereby', to some extent, occupy a portion of City property down there. They would then maintain that drainage ditch area. Mr. Redmond further said he discussed this with Mr. Hosack relative to height restrictions and how it would impact the runway operation. Mr. Hosack indicated that it should not present an operational hazard. Mr. Redmond said that it was his intent, if agreeable with the Council, to enter into a simple letter agreement with the new property owner allowing him to construct his chain link fence in the location of the City's current perimeter fence along with the normal encroachment clauses. They would also be required to maintain the property in an aesthetic manner during the time of use. Mr. Redmond stated that he would contact Hoyt Farms as to the Council's decision and if Council did approve, he would prepare an agreement. After some discussion, it was MOVED by Houchins, SECONDED by Mallea to allow the City Engineer to enter into a letter of agreement with Hoyt Farms as requested and recommended by the City Engineer. MOTION CARRIED There being no further 'business, the Meeting was adjourned at 8:20 p.m. APPROVED AS C. ncilpe: on Councilperson Councilperson ATTEST: Page 70 1988. Mayor C�un 1pe� z . CO ci pe I Councilperson City Clei7k`'