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HomeMy WebLinkAbout1995-05-01city council minutesBook 36 REGULAR MEETING May 1, 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. Page 100 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) Mayor Winder asked if there were any additions to the prepared Agenda. Councilman Nancolas MO'V'ED and it was SECONDED by Houchins to include as item No. 6 under the Consent Calendar the rejection of the bid for the demolition of the Union Block Building. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (INTRODUCTION OF SPECIAL VISITORS) The Mayor recognized Mr. Warren, President of the Caldwell Realtors Board, who was in attendance as their representative. - (AUDIENCE PARTICTPATION) Leo Holmes, 1121 Main Street, was recognized by the Mayor and thanked all who helped him with the memorial for Littleton at Pioneer Plaza. Roger Eisenbarth, 2310 Terrace, was recognized and stated that he wanted to talk briefly about Bill No. 7 creating L.I.D. 95 -2, the Terrace Sewer Project. Before Mr. Eisenbarth continued, the Mayor stated that the Council has gone through the public hearing process and everyone was given the opportunity to make a presentation. At the last meeting, several people were allowed to speak and some people felt that this might have influenced some of the decision making of the Council. However, he did not believe this was the case. At this time, he would ask the City Attorney for his judgment. Mr. Harris stated that once the public meeting was closed, there should be no further testimony given with reference to that particular item. There was a procedure whereby a public meeting can be reopened, but it has to be reopened with notice to all parties. At this time where the meeting has been closed and there was no motion to reopen the hearing to take additional testimony at this time would be improper. Mayor Winder further commented that Mr. Eisenbarth has items that he would like to bring to the AdministratioI' s attention dealing with specifics such as routing and the cost of the project which he believed had already been discussed with the City Engineer. Book 36 Mr. Law, the City Engineer, stated that the issues as to whether to form the L.I.D. were not appropriate and should not be discussed further. However, he did not believe there was any time too late in the process to discuss as to efficient use of money or whether the route was the best one and if people were being taken care of properly by the proposed designs. He felt those items were appropriate right up to the time the contractor gets his last payment. Mr. Eisenbarth testified before the City Council with regard to this project. He stated that due to the excessive cost of the L.I.D., he would like Council to consider a couple of proposals which would not impact the continuation of the project. One was to eliminate the requirement that when a property changes ownership, they have to hook up to the sewer. The other was to waive the intercepter fee. Mayor Winder assured him that these two recommendations could be considered and the Bill amended as Council goes through the process. (DEPARTMENT HEAD REPORTS) Darrell Mayes, the Building Official, presented his report to the Mayor and City Council Members. The report included the number of permits issued in Caldwell and other pertinent data with regard to that Department. Since Chuck Fenton was out of town at this time, Gordon Law, the City Engineer and Public Works Director, reported with regard to the Treatment Plant. His report included the number of people served by the Plant with a breakdown as to whether they were businesses or residences. Mr. Law further explained the capacity of the Plant and other related information such as anticipated expansions and the impact on the individual users of the system. He also reviewed issues the Plant was facing. CONSENT CALENDAR The Mayor presented the following items included on the Consent Calendar for Council consideration: 1. Dispense with the reading of the minutes of the April 17, 1995, Regular City Council Meeting and approve as written; 2. Accept the minutes of the Planning and Zoning Commission Meeting of April 20, 1995; Historic Preservation Commission Meeting of April 13, 1995; Caldwell Senior Citizen's Center Commission Meeting of March 21, 1995; Caldwell Public Library Board Meeting of April 13, 1995; 3. Pass the following Resolution authorizing the execution of Land Lease Agreement at the Caldwell Airport with Ralph and Avon Russi: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LAND LEASE AGREEMENT FOR HANGAR CONSTRUCTION BETWEEN CITY OF CALDWELL AND RALPH AND /OR AVON RUSSI. 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 Land Lease Agreement for hangar construction attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Ralph and /or Avon Russi. Pass the following Resolution authorizing the execution of Land Lease Agreement at the Caldwell Airport with Edward J. Shetler: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LAND LEASE AGREEMENT FOR Page 101 Book 36 Pape 102 HANGAR CONSTRUCTION BETWEEN CITY OF CALDWELL AND EDWARD J. SHETLER. 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 Land Lease Agreement for hangar construction attached hereto and made a part hereof as if set fortis in full. by and between the City of Caldwell and Edward. J. Shetler. 4. Approve a Public Improvements Deferral Agreement from Emil and Beverly Klimes; 5. City Council approve the appointment of Patrick Takagi to the Caldwell Library Board; 6. Reject a bid for the Union Block Building -•-- Demolition Project submitted by Gillingham Construction, Inc. MOVED by Nancolas, SECONDED by Earl to accept the Consent Calendar as amended. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILE NO. 7 TO CREATE LOCAL IMPROVEMENT DISTRICT 95- 1 - °,":':.BRACE SEWER PROJECT) Mayor winder explained that the first reading of this Bill was on April 3rd and the second reading was delayed on April 17th until this meeting. He then read Bill No. 7 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 95 -1 FOR CALDWELL, IDAHO, FOR THE CONSTRUCTION OF AN 8" SANITARY SEWER SYSTEM IN TERRACE, TETON, SHASTA AND ROOSEVELT STREETS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MATING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; PROVIDING FOR THE LENGTH OF TIME AND THE REASONS FOR MANDATORY CONNECTION TO THE CITY SEWER; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. The Mayor reminded Council of the two areas that Mr. Eisenbarth would like to see given some consideration. One was the deletion of the hook up to the sewer on sale of property and the other was to waive the interceptor and plant capacity fee. Councilman Raymond stated that he appreciated the concern on these two matters. However, he would be a lot more comfortable if the two items were in written form so they could discuss the meaning. Mr. Raymond further said. that he was in favor of having the second reading at this time. The City Attorney indicated that Council could amend the Bill at third reading. MOVED by Raymond, SECONDED by Carpenter that th4_s be declared the second reading of Bill No. 7. Roll ca7.1 vote. Those voting yes: Raymond,. Earl, Nancolas,, Langan, Carpenter, and ouchins_ Those voting no'. none. Absent and not voting: none. MOTION CARRIED Book 36 Page 103 Councilman Raymond further said that he believed if there was an amendment to be proposed, it should be brought to the City Engineer by those who have an interest in it. (SECOND READING OF BILL NO. 9 - ANNEXATION OF PROPERTY WEST OF MONTANA AVENUE) The Mayor stated that the next order of business was the second reading of Bill No. 9 dealing with the annexation of property west of Montana Avenue. The first reading was held on the 17th of April. He then read Bill No. 9 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT; AND DECLARING SAID LAND 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 -2215. MOVED by Nancolas, SECONDED by Langan that this stand as the second reading of Bill No. 9. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SECOND READING OF BILL NO. 10 - ZONE CHANGE FOR PROPERTY WEST OF MONTANA AVENUE FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL) Mayor Winder informed Council that the next order of business was the second reading of Bill No. 10 which was the zone change for the property west of Montana Avenue. The Mayor read Bill No. 10 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL) ; 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 PROPERTY AS R -1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Carpenter, SECONDED by Langan that this stand as the second reading of Bill No. 10. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, Nancolas, and Langan. Those voting no: none. Absent and not voting: none. NEW BUSINESS MOTION CARRIED (DISCUSSION PERTAINING TO DRUG TESTING OF CITY EMPLOYEES) The Mayor explained that the Safety Committee asked to be included on the Agenda this evening to discuss the possibility of drug testing for City employees. He Book 36 Page 104 recognized Sue Brown, Co- Chairman of the Safety Committee. Mrs. Brown reviewed her memo to the Council as follows: Attached is a draft proposal for random drug and alcohol testing of Commercial Drivers License holders. Beginning January 1, 1995, the Department of Transportation is requiring employers of 50 CDL drivers or less to do pre- emp-loyment, post accident, reasonable suspicion, and random testing, along with a. program that establishes rehabilitation for an employee whose test is .returned positive. There are many facets to the regulations and I have a copy of them if anyone is interested in reviewing them. Attached is a very brief overview of what will be _required. She continued the review stating that the Safety Committee would like to put out the attached proposal. It includes the writing of a policy and administering the entire program. We don't believe, due to the extensive regulations, that the C_ty can manage this program alone. There are many details regarding cant ident.i_ality, record keeping, reports to the Federal Government, and chain of custody of the specimen that would make 1'.r virtually impossible to manage in house. The Committee would like the Council to approve the attached proposal at this time. When any vendors return cost estimates, they will be presented to the Council for approval. Even though the amount for these services will be under $5,000, before any contract will be sianed, a policy will be put before the Council to become part of the Personnel Manual. The City Council discussed this item at some length. Councilman Nancolas remarked that this Program was far more than what the City could administer alone. He further stated that he appreciated the help and the concern the employees have put into gathering the information on this project. He definitely felt it was the right way to go. Councilman Langan asked if the Committee had considered or looked into the possibility of doing this program in conjunction with other agencies such as the County and etc. Mrs. Brown answered that it was possible, but they had not investigated it. Councilman Langan also expressed his appreciation for what the Committee had accomplished. The City Attorney commented that the City can adopt a drug free work place policy. He further stated that attached to Council's written material was a memorandum he prepared to answer some of the questions they might have. If the Policy was built around items that he included in the memo, the Policy would be legal and beneficial. After discussion, it was MOVED by Earl, SECONDED by Nancolas to authorize the Safety Committee to go out for proposals_ Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON SPRUCE STREET EXTENSION BETWEEN TENTH AN ]LINDEN) Book 36 Page 105 Mayor Winder recognized Mr. Crooks, the Planning and Zoning Director, and asked that he present the background information on this item. Mr. Crooks explained that this particular item involves the consideration of opening Spruce Street as a through street between Tenth Avenue and Kimball Avenue. Although not mandatory or required by law, the City Staff has decided to have this item part of a Public Hearing. This will give the Council an opportunity to receive public input and testimony from some of the surrounding property owners in the area. Within the report provided by both the Engineering and Planning Departments, reasons were given why they felt the opening of the street was justified. Generally, the east, west circulation in this area was very poor. With Beech Street now as a prospect for handling more traffic out to Kimball Avenue from Sunridge Subdivision and some of Manchester Park area, there seems to be a need to try to open up some of the streets in this area to improve the east, west circulation. Also, the areas immediately south of the Spruce Street corridor were likely to be brought into the City in the near future so there was a need to provide a right of way not only for traffic vehicles going through, but also to allow the City some ability and flexibility to extend services such as sewer and water to the south to some of those areas that were going to be in need of them in the near future. The Mayor stated that only one person was signed to testify and the only document to be included in the record was the Staff Report. Mayor winder explained that the purpose of the hearing was to accept testimony on this matter. The Public Hearing was then opened. Terry Johnson, 311 East Spruce Street, testified briefly explaining his reasons for objecting to the opening of Spruce Street extension /opening between Tenth Avenue and Kimball Avenue. The Mayor also read the following letter he received from Dorothy and Bob Ring: Thank you for your recent letter. We are not in favor of putting Spruce through from Kimball to Tenth Avenue. With multiple jurisdictions and an irrigation flooding problem at 311 East Spruce, it would be a costly and unnecessary project. It would create increased traffic on a narrow street and a bottleneck at Tenth Avenue and Spruce. We will be out of town and unable to get to the meeting on May 1, 1995. MOVED by Earl, SECONDED by Nancolas that since there was no one else requesting to testify, the Public Hearing be closed. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED After discussion by the Council, it was agreed that the Staff be directed to prepare a Resolution for the Spruce Street Extension /Opening between Tenth Avenue and Kimball Avenue. (JOINT EXERCISE OF POWER AGREEMENT: VALLIVUE SCHOOL DISTRICT - CANXON HIGHWAY DISTRICT NO. 4 - CITY OF CALDWELL: IMPROVEMENT OF MONTANA AVENUE) The City Engineer, Mr. Law, presented this item to the City Council for their consideration. He explained that over the last year and a half, the City has had a number Book 36 Page 106 of discussions with Vallivue School District related to a number of issues in the area of their new high school. This item continues to be another one which has to do with the improvement of Montana as it relates to traffic contiguous and coming from that school. It was recommended some time ago by the Canyon Highway District that Montana, which was in their control at the present time, be upgraded all the way from Ustick to Homedale not only along the high school frontage, but through the entire length. There was a number of verbal commitments made between Vallivue and Canyon Highway District regarding that improvement and also some commitments from Vallivue School District to the City of Caldwell concerning improvements on the school frontage. At the — same time, the City Engineer on behalf of the City of Caldwell, indicated a willingness of the City to assist in providing some data with regard to that street so that in the final design, there was a good quality street. One of the major issues that took place was a commitment by Vallivue to be willing to provide $100,000 in cost towards the repaving of that entire stretch and also widening it to a certain extent. Canyon Highway's commitment was to rebuild the base and the City's commitment was to provide the testing so that the design could proceed properly. It was the feeling of the Highway District's Attorney that it would be appropriate to have a Joint Exercise of Powers Agreement related to this issue. Because of the City's long standing interest in that street, it would be best for the City to be involved. Canyon Highway District's Attorney prepared the agreement language, it was reviewed by the City Engineer and it seems to be in order. The City has already provided them the data necessary for the design and continue to be interested in the outcome. Mr_ Law further stated that the Council could either approve the agreement before them or take no action. There was a Resolution attached for their consideration. Mayor Winder read the Resolution as follows: A RESOLUTION OF THE CITY OF CALDWELL APPROVING THE "DEVELOPMENT AGREEMENT FOR THE UPGRADE OF MONTANA AVENUE CANYON HIGHWAY DISTRICT NO. 4 /VALLIVUE SCHOOL DISTRICT NO, 139 /CITY OF CALDWELL" AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID AGREEMENT ON BEHALF OF THE CITY OF CALDWELL . WHFREAS, the City Council of the City of Caldwell finds that it is in the best interests of the City of Caldwell to enter into that certain "Development Agreement fcr the Upgrade of Montana Avenue Canyon Highway District No. 4 /Vallivue School District No. 139 /City of Caldwell "; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho: S ection 1: The "Development Agreement for the Upgrade of Montana Avenue Canyon Highway District No. 4 /Vallivue School District No. 1.39 /City of Caldwell ", a copy of which is attached hereto as Exhibit " A " and incorporated herein by reference, be, and the same is hereby approved. Section 2: That the Mayor and Clerk are hereby authorized and directed to execute and attest, on behalf _ of the City of Caldwell and bind the same, to the terms and conditions of said "Development Agreement for the Upgrac'.e of Montana Avenue Canyon Highway District No. 4 /Vall_. School District INC. 139 /City of Caldwell." Sec ion 3: This Resolution shall be in full force and effect immediately upon its adoption and approval. MOVED by Nancolas, SECONDED by Houchins to pass the Resolution as presented by the Mayor. Book 36 Page 107 Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SELECTION OF A'VOTING DELEGATE TO THE ASSOCIATION OF IDAHO CITIES ANNUAL CONFERENCE ON JUNE 23RD) Mayor Winder stated that the next item was to select a voting delegate to the Association of Idaho Cities Annual Conference. The A.I.C. asks each City to designate a voting delegate as well as an alternate for their Conference on June 23rd. The Mayor further informed Council that he did plan to attend that Conference and would like to be designated the voting delegate for the City of Caldwell. Councilman Houchins has also indicated his willingness to serve as the alternate at that Conference. MOVED by Langan, SECONDED by Carpenter that the Mayor be designated as the Voting Delegate and Councilman Houchins as the Alternate for the Association of Idaho Cities Annual Conference on June 23rd. Roll call vote. Those voting yes: Langan, Carpenter, Raymond, Earl, and Nancolas. Those voting no: none. Abstain: Houchins. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee has reviewed and approved current accounts payable in the amount of $313,288.23 and a net payroll of $100,146.38 for the period ended April 21, 1995. MOVED by Earl, SECONDED by Langan that accounts payable in the amount of $313,288.23 represented by checks number 41915 through 42100 and payroll for the amount of $100,146.38 represented by checks number 51842 through 51958 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) Councilwoman Carpenter reported that the Historic Preservation Commission sponsored a community workshop on maintaining and restoring historic homes or other homes last Saturday. Also informed Council Members that she attended the long range planning meeting at the Airport. It was agreed that using Ustick Road as a runway was not the best idea. If there was a runway extension, it would go in the Linden direction. Councilman Houchins stated that he was not able to attend the Library Board Meeting, but did talk with them later. The security system was in place and was purchased through the Margaret Pead Endowment Fund. They also invited a representative from Edward D. Jones to present a proposal on alternative ways to invest endowment monies. Councilman Raymond reported briefly on the Clean Up Project expressing his appreciation to everyone who took Book 36 Page 7.08 part during a rain storm. He also commented that he thought the merchants were obvious ir. their absence particularly on Friday since it was the '-Kimball clean up Councilwoman Earl also commented or.:. the clean u and expressed her appreciation for the young people who took part. She informed Council that a memo was placed 111 Council's boxes regarding the upcoming budget sessions and she would like tc hear back from the Council Members. Councilman Nancolas reminded everyone to vote on May Ith on the school Bond Issue. Councilman Langan stated that everything he planned to report on was already reported. (MAYOR'S COI�a' KE.NTS ) Mayor Winder commented on several items including the good job Leo Holmes did on the flag pole at the Pioneer Plaza, the Press Conference that was held that morning iz-i City Hall that dealt with planning of some kind of mass transit system, the Citizen's Committee will meet with the City Council at 7:00 on Wednesday, the Ida -Ore Board of Directors was holding a meeting it- Burns, Oregon on May 5th and 6th ,which he would he attending, the Townsite Committee will meet on May 10th at 9:30 a.m., and there was to be a monthly breakfast meeting with the Canyon County Commissioners. (ADJOURNMENT! Since there was no further business, it was MOVED by Earl, SECONDED by Langan to adjourn the meeting at 8:55 p.m. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, :gouchins, and Raymond. Those voting no: none. Absent and not voting: none. APPROVED AS written Uo ncilper Councilperso�Et� ATTEST: MOTION CARRIED THIS 13 t h DAY OF May 1995 . Mayor Councilperson Councilperson Councilperson City Clergy