HomeMy WebLinkAbout1988-05-02city council minutesSoo] L
REGULAR MEETING
May 2, 1988
7:30 p.m.
The Meeting was called to order by Mayor Cowles.
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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: Raymond, Winder, Houchins, Mallea, Jarboe,
and Straight. Absent: none.
(AUDIENCE PARTICIPATION)
Mayor Cowles introduced Jackie Carter, the Chairman of the
clean up campaign, and asked her to report briefly on the
project this week. Mrs. Carter stated that they have had a
good response from organizations, Boy Scouts, school
children, and etc. Everyone was meeting at 7:00 a.m. on
Saturday morning at the I.B. & T. parking lot where
assignments will be passed out. There will be donuts and
coffee available in the morning and hot dogs and coke for
fifty cents at noon. She encouraged everyone to participate
in the project to clean Caldwell.
The Mayor also recognized Scout Troop #276 and asked each of
the boys to introduce themselves. The Troop was sponsored by
the Elks Club.
Camilo Lopez requested permission to speak to the City
Council. Mr. Lopez commended the City of Caldwell for the
moratorium on the bars. However there was one article in
the newspaper that he did take offense to. This was with
regard to the Hispanics being responsible for displays of
undesirable behavior in the downtown area. Mr. Lopez stated
that he f e l t it was bar patrons in general whether they are
brown or white and not just the Hispanics.
Mary Henshall from the Canyon County Board for Idaho
Centennial was then recognized by the Mayor. Ms. Henshall
explained the various activities planned and encouraged
everyone to get involved. She also stated that Louisa Cone
was appointed Chairman of the Canyon County Committee for the
Centennial. Members of this Committee' included Durand
Marcus, Emile Shorb, Clem Shorb, Lorene Thurston, Lou
Attebery, Elaine Leppert, and John Sollers.
(APPOINTMENT OF STADIUM MANAGER)
Mayor Cowles stated that he requested that the City Council
allow him to introduce Doug McConnaughey at this time. The
Stadium Commission requested applications for this position
some time ago. Approximately forty submitted applications
for Stadium Manager. The selection committee recommended
that Mr. McConnaughey be asked to accept this position.
Based on this Committee's recommendation, the Mayor stated
that he would recommend to the City Council that Doug
McConnaughey be appointed as the Stadium Manager for the City
of Caldwell.
MOVED by Mallea, SECONDED by Houchins that the City Council
accept the Mayor's recommendation that Doug McConnaughey be
appointed as the Stadium Manager.
Roll Call vote. Those voting yes: Mallea, Jarboe, Straight,
Raymond, Winder, and Houchins. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
The Mayor also introduced Doug's wife, Joanne.
ook 2':i
(CONSENT CALENDAR)
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The Mayor stated that there was two items included on the
Consent Calendar. The .first was to dispense with the reading
of the minutes of the Regular City Council meeting of April
18, 1988, and approve them as written.
The second item was approval of :requests for four Catering
Permits. The Corral was to cater each of the events which
were as follows: Roman Reyna Dance on May 8th and May 29th,
Two Guys Dart Tournament on May 14th and 15th and the Idaho
Quarterhorse Association Dance on the 21st of May. All four
events were to be held at the Fieldhouse.
Mayor Cowles stated that the Police Chief approved the
Catering Permits and all was in order.
MOVED by Jarboe, SECONDED by Raymond that approval be given
for those items included on the Consent Calendar.
Roll call vote. Those voting yes: Jarboe, Straight,
Raymond, Winder, Houchins, and Mallea. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
OLD BUSINESS
(THIRD READING OF BILL NO. 10 - VACATION OF CERTAIN PROPERTY IN
CITY VIEW TRACTS)
Mayor Cowles requested that Councilman Raymond read Bill No.
10 by title only as follows:
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT
VACATION OF CERTAIN PROPERTY IN CITY VIEW TRACTS
DESCRIBED BELOW SHALL BE MADE, AND THAT SAID VACATION IS
IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL,
IDAHO.
It was then MOVED by Raymond, SECONDED by Winder to suspend
the rule requiring that: a Bill be read in full.
Roll call vote. Those voting yes: Raymond, Winder,
Houchins, Mallea, Jarboe, and Straight. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Winder that Bill No. 10 be
passed and entitled Ordinance No. 1780.
Roll call vote. Those voting yes: Raymond, Winder, Houchins,
Mallea, Jarboe, and Straight. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
(UPDATE ON SIDEWALK REPAIR AT KIMBALL AND BLAINE)
The City Engineer, Mr. Redmond, was recognized by the Mayor
and requested to give an update on the sidewalk repair at
Kimball and Blaine.
Mr. Redmond reported that Council determined at an earlier
meeting the direction they chose to take relative to this
problem. J.U.B., the Engineering Consulting Firm, has been
preparing a design plan and specifications for this project
and also been working with the bridge section of the State
Department of Transportation. Things were in order, everyone
has agreed and they would now like to set a design hearing on
June 9, 1988, at 7:30 p.m. at City Hall. This will give the
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public an opportunity to voice their opinion relative to the
project. The project was entirely in the State's hands at
this time and they will do the advertising for the meeting.
The City Engineer further reminded Council that the
alternative chosen by the Council was the removal of both
Warren's Store and Rostocks and convert that area into an
open channel flow. This was viewed to be the most cost
effective way to solve the problem, at least in the
preliminary stage, with minimal long term problems. This was
the basis they have prepared their final design plan. A
sidewalk will be installed to the North of the Blaine Street
highway surface.
(REPORT BY COUNCILMAN RAYMOND ON THE BEER AND WINE LICENSE
MORATORIUM)
Councilman Raymond explained that at the previous meeting,
the Mayor and Council established a ninety day moratorium on
beer and wine licenses. After this decision, the Mayor
announced a tentative committee consisting of Skip Smyser,
the City Attorney; Chief of Police Sobba; the Planning and
Zoning Director, Sylvia Robison and the Mayor designated him
as the Chairman of the Committee. Two meetings were held
since that time with good attendance from barowners and the
business community at large in the downtown area. Minutes
developed by Mrs. Robison from the two meetings will be made
available to the Council members. At this time, Councilman
Raymond stated that a full committee should be established.
Names were presented to the Mayor that afternoon and it would
be appropriate to consider the names at this time_
The Mayor submitted the following names for acceptance by the
City Council: John Eagan, M. Gonzales, Jeff Purcell, Carlos
Ferreira (an alternate to Mr. Purcell) and Mike Maenaka.
MOVED by Raymond, SECONDED by Jarboe to accept the
appointments to this committee as requested by the Mayor.
MOTION CARRIED
NEW BUSINESS
(REQUESTS FOR FIREWORKS STANDS)
Mayor Cowles presented applications for fireworks from the
following: Rocky Mountain Fireworks to be located at Paul's
Market; Optimist Club at East Cleveland Beverage; Pyrodyne
Corporation at M & W and Red Steer; WICAP at 220 North Kit;
Pyrotronics Corporation at both Albertsons Stores; and
Discount Fireworks at the Circle K at 2406 Montana. Several
of the companies needed to get a copy of their insurance to
the City Clerk. The motion should approve the applications
subject to the insurance being met and approval by the
Building Inspector and the Fire Department after the stands
are erected
MOVED by Mallea, SECONDED by Houchins that the applications
for fireworks stands be approved subject to the insurance
requirements being met and inspection by the Building
Official and the Fire Department after the stands are built.
MOTION CARRIED
(REQUESTS FOR EXCLUSION FROM THE CALDWELL MUNICIPAL IRRIGATION
DISTRICT)
Mayor Cowles presented two petitions requesting withdrawal
from the Caldwell Municipal Irrigation District. One was
received from the law firm of Rettig, Rosenberry, Lovan and
Morfitt representing Samual Lydick. All seemed to be in
order. The second petition was submitted by Physicians Eye
Clinic, P.A. and their papers also seemed to be in order.
The Mayor then asked for action from the City Council on
Boo ,', 257
these two petitions.
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MOVED by Mallea, SECONDED by Straight that the two petitions
for withdrawal from the Caldwell Municipal Irrigation
District be denied and. that the petitions be forwarded to
Pioneer Irrigation with the recommendation that they be
denied as the withdrawals have the potential of adverse
financial impact to the Caldwell Municipal Irrigation
District because of a reduced revenue base.
Councilman Raymond expressed some concern with regard to the
Lydick property. It was his recommendation that
clarification be made as to whether there is irrigation water
available at that particular. property. After some
discussion, the Mayor assured Councilman Raymond that this
fact would be mentioned in the recommendation forwarded to
Pioneer Irrigation.
MOTION CARRIED
(CORRECTION ON DATE OF PUBLIC HEARING FOR SALE OF PROPERTY)
Mayor Cowles explained that at the last City Council meeting,
the date of May 23rd was established as the time for a
hearing on the sale of property. As there was five Mondays
in the month of May, that date will be changed to May 16,
1988 for the hearing.
(BILL NO. 12 - REZONE OF BLOCK 121, STRAHORN ADDITION NO. 1 FROM
R -3 MULTI - FAMILY HIGH DENSITY RESIDENTIAL TO C -3 SERVICE
COMMERCIAL)
Mrs. Robison, the Planning and Zoning Director, informed the
City Council that two public hearings were held to take
testimony on this request. Everything seems to be in order.
It was in conformance with the Comprehensive Plan.
Councilman Winder read Bill No. 12: by title only as follows:
AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY
WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -3 MULTI-
FAMILY HIGH DENSITY RESIDENTIAL TO C -3 SERVICE
COMMERCIAL; 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 C -3 SERVICE COMMERCIAL ON THE OFFICIAL ZONING MAP;
AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH.
Mrs. Robison pointed out that there was a business waiting to
operate in the area. He will be coming in for a building
permit as soon as the rezoning is completed.
MOVED by Winder, SECONDED by Raymond to suspend the rule
requiring that a bill be read at three separate times and
that the bill be read by title only for the one reading.
Roll call vote. Those voting yes: Winder, Houchins, Mallea,
Jarboe, Straight, and Raymond. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
MOVED by Winder, SECO]DED by Raymond that Bill No. 12 be
passed and entitled Ordinance No. 1782.
Roll call vote. Those voting yes: Winder, Houchins, Mallea,
Jarboe, Straight, and Raymond. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(RECOMMENDATION FROM PLANNING AND ZONING ON UNNAMED STREET
BETWEEN KIT AND AIRPORT)
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Page 99
Mrs. Robison presented the recommendation from the Planning
and Zoning Commission as follows:
The City has received requests to name the new street
being constructed under the Kit Idaho Community
Development Block Grant. The proposed names are
"Pocapalia Avenue" and "Omnipure Avenue." Engineering
has been calling the street Garber for purposes of the
grant, since it is somewhat on the alignment of a short
section of Garber Street lying between Paynter and
Shaver Avenues.
After much deliberation, the Planning and Zoning
Commission is recommending the name "Garber Street" to
the City Council for their consideration.
After some discussion, it was MOVED by Raymond, SECONDED by
Mallea that the City Council accept the recommendation from
the Planning and Zoning Commission and that this section of
the street be named Garber Street.
MOTION CARRIED
(ACCEPTANCE OF HISTORIC PRESERVATION GRANT)
Mayor Cowles recognized Mrs. Robison, representing the
Historic Commission, and asked her to address this item on
the Agenda.
Mrs_ Robison stated that the Historic Preservation Commission
received word from Ann Swanson of the State Historical
Society that there was still monies available for grants
before the close out of the year. She suggested that since
Caldwell was in the progress of doing some design review
standards for a proposed historic district downtown, the City
apply for a grant and send a representative from the
Commission to San Francisco to attend a seminar in June.
Application was made for the grant in the amount of $675.00
and it was received. There was a local match which can be
done by attendance of the person at the seminar.
The memo submitted to the Mayor and Council regarding this
grant was as follows:
The Caldwell Historic Preservation Commission has
received a grant from the Certified Local Government
program in the amount of $675.00 for a member of the
Commission to attend a design review training conference
in San Francisco June 7 -9. The local match will be
provided by an hourly rate of $30.00 for the time the
representative puts in attending the seminar.
Mayor Cowles stated that it would be appropriate at this time
for Council to accept the grant and authorize the Mayor to
execute the Memorandum of Agreement.
MOVED by Straight, SECONDED by 'Winder that the grant be
accepted and that the Mayor be authorized to execute the
Memorandum of Agreement.
MOTION CARRIED
(AWARD BID FOR THE SOUND SYSTEM)
Mr. Redmond, the City Engineer, reported to the City Council
that bids were opened that day for the sound system for the
Fieldhouse. There was three bidders. During the process of
opening the bids, one of the bidders questioned the validity
of the low bidder. This was due to a clause in the specs
that calls for the contractor to also be the manufactured
representative. Upon further evaluation of not only the low
bid, but also the other two bidders, it was found that
technically speaking none of the bidders fit the criteria as
called for in the specifications. It was therefore Mr.
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Page 1 -00
Redmond's recommendation that all bids be rejected and to
rebid the project. The benefits derived from proceeding
probably do not outweigh the potential hazards involved in
awarding to any one of the bidders.
After considerable discussion with regard to the time lost in
the delay, it was MOVED by Raymond, SECONDED by Winder that
approval be given for the rejection of all bids and to rebid
the project.
MOTION CARRIED
(REQUEST FOR AN EXTRA PERSON FOR THE ENGINEERING DEPARTMENT)
The following memo was submitted to the Mayor and City
Council from the City Engineer:
This memo is a request for temporary person for the
survey crew for a period of approximately three months.
This will require an additional allocation of
approximately $:3,500.00 from the General Fund
contingency to the Engineering salary budget.
There are a number of reasons for this request. First,
we are attempting to proceed with a large number of
projects this summer and have a number of ongoing
projects carried over from winter. We only have a two
man survey crew and, in many cases,it takes three people
to efficiently and safely do the work. Currently, we
are using our draftsman to fill in the third position.
We are now falling behind in our drafting and paperwork.
An additional person will free up our draftsman so that
we can finalize plans and specifications for other jobs.
We may need to farm out some additional engineering work
later on, but at this time it will be more efficient to
work with an additional person.
This request, if approved, needs to be implemented as
soon as possible.
Councilman Winder stated that the; Finance Committee has not
discussed this request, although there was funds in
contingency that would cover the request. He did think it
was essential to provide the personnel to do the work as
expeditiously as possible and as efficiently as possible.
It was MOVED by Winder, SECONDED by Raymond that approval be
given for the request as submitted by the City Engineer.
There was some questions directed to the City Engineer after
which the Mayor requested a roll call vote.
Those voting yes: Winder, Houchins, Mallea, Jarboe,
Straight, and Raymond. Those voting no: none. Absent and
not voting: none.
MOTION CARRIED
( REQUEST FOR Oi7=- C'AT;L TIME POLICY FOR PUBLIC WORKS PERSONNEL)
The following memo was submitted to the City Council and the
Mayor by the City Engineer:
This memo is a request to approve a policy for the
Public Works Departments that provides for compensating
designated on -call personnel with compensatory time for
the limitations placed upon them during their assigned
on -call status.
For example, each department has an established
emergency number for problems that may develop. Each
week, a member of each department is designated the on-
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call person and calls are forwarded either directly to
his house or via a beeper. The individual is thereby
restricted to his house or immediate vicinity in order
to be capable of a quick response.
I would like to proceed with a policy of compensating
employee eight (8) hours of time off for the seven days
of restriction.
I've checked briefly with other communities and this
seems generally consistant with the way they compensate
their on -call personnel.
The Irrigation Department would be handled slightly
different as the on -call restriction is included in the
way the shift work has been established.
Application would be to only those departments that
require a designated on -call person. At this time, this
would be Water, Sewer, and Irrigation Departments.
The Street Department also has need for emergency
response; however, neither the response time or the
frequency of need is as severe as the other departments.
There was a great deal of discussion pertaining to this item.
Mr. Redmond further explained the problem and answered the
many questions presented by the City Council. He pointed out
that in some cases, the response time was very important as
property damage could occur. Councilman Winder stated that
there could be some broad ramifications with this policy. He
suggested that some time be taken to look at the overall
impact. When a policy was adopted, it could be retroctive.
Council agreed with Councilman Winder's suggestion. The
Mayor declared that action on this request would be tabled
until the Regular City Council Meeting on June 6, 1988.
(PRESENTATION OF CONTRACT WITH KEYS AND ENSLEY FOR PURPLE SAGE
CLUBHOUSE)
Councilman Jarboe stated that lie would request that Mr.
Redmond, the City Engineer, address this item.
Mr. Redmond explained that two meetings ago, approval was
given to proceed with the preparation of plans and
specifications on the Purple Sage Golf Course Clubhouse. Tom
Ensly, of Keys and Ensley, has filled in a standard form of
agreement between owner and architect to proceed with the
project. There was a meeting of the Clubhouse Sub - Committee
and they discussed the scope of what the architect would
undertake relative to this facility. It was recommended by
this Committee that all aspects of the project be turned over
to the architect and let him proceed to design and coordinate
all aspects of the project. If a point was reached where
there might be an area that is donated or volunteer work, at
least there will be a coordinated plan to proceed with. This
would be a better plan than to have a number of misdirected
groups that may not be working towards one common goal.
The agreement calls for their fees to be seven percent of the
construction cost minus the $500 already received for doing
the rendering and the floor plan. It also provides a
schedule of payment of those fees: fifteen percent in the
schematic design phase; thirty -five percent in the design
development phase; seventy -five percent (cumulative totals)
as the construction documents are completed; eighty percent
bidding and negotiating phase; and one hundred percent upon
completion.
There was a lengthy discussion with regard to this contract.
During the discussion, Mr. Redmond pointed out that bidding
this project now could realize bids that would be
substantially less than what has been estimated. Last fall
book 29
the architect indicated that they were
somewhere in the neighborhood of fifteen to
under what the normal rate would be if
economy. If the City goes with the
construction and realize good bids, the fee
be less.
Padre 102
receiving bids
eighteen percent
:here was a good
percentage of
is also going to
MOVED by Jarboe, SECONDED by Mallea that the City enter into
an agreement with Keys and Ensley for architectural work to
be completed on the new clubhouse at Purple Sage Golf Course_
Councilman Jarboe pointed out that there has been very little
negative input with regard to this clubhouse. Because of
this, the Committee felt the project should proceed.
Councilman Raymond commented that he had heard some concerns
regarding whether people would be made aware in advance that
the actual building was going to begin. Mr. Redmond stated
that the Council would be committingto a substantial
expendure if this agreement was approved and he felt this
should be noted. The City Engineer also stated that if the
Council determines to approve this agreement at this time,
they should be well on - their way to saying yes to the concept
of a new clubhouse at Purple Sage. They would be committing
seven percent of a fairly large expenditure.
During the discussion, Councilman Winder pointed out that the
architect's estimate would come back to the Council. At that
time, the decision would have to be made as to whether the
Council wanted the project to go out for bid. This would
allow more input from the public and the Council. There
would also have to be a vote by the Council when the bids are
brought to the Council for acceptance or rejection.
Mr. Redmond also informed Council that a delay in proceeding
could be harmful to the project. I£ the construction was
going to start, there was a fairly narrow window to aim for.
The ground breaking should start about the middle of
September as the projected construction time was five to six
months.
Councilman Houchins noted that the Council at their last
meeting committed a $25,000 or $30,000 figure up front
anticipated cost whether the building was started or not.
That was really all that was being requested at this time.
The Mayor asked for action on the motion as presented. Those
voting yes: Jarboe, Straight, Raymond, Winder, Houchins, and
Mallea. Those voting no: none. Absent and not voting:
none.
MOTION CARRIED
(EXECUTIVE SESSION)
Mayor Cowles stated that he did distribute a letter to the
City Council from the City Attorney pertaining to property.
If the Council felt that an Executive Session was necessary,
the Mayor said he would entertain a motion at this time. If
they were satisfied, the call would not be made.
The City Council agreed that the Executive Session was not
necessary. —
(DEEDS AND EASEMENTS)
Mrs. Robison presented a Deed of Trust for acceptance by the
City Council and instructions to be recorded. It was a rehab
house foreclosure at 121 Freeport.
MOVED by Mallea, SECONDED by Houchins that the Deed be
accepted and the City Clerk directed to record the same.
MOTION CARRIED
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page 703
(MOTION PERTAINING TO THE CALL FOR AN EXECUTIVE SESSION)
Mayor Cowles informed Council that it was Councilman
Raymond's recommendation that acceptance of the City
Attorney's actions involving the ;property be finalized by a
motion at this time.
Councilman Raymond explained that the City Council did
authorize the City Attorney to enter into negotiations for
property at the Airport which was completed in accordance
with guidelines established. Therefore, Councilman Raymond
said he would MOVE and it was SECONDED by Houchins that this
settlement be accepted by the Council.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilman Raymond reported that the Armory Association met
about a week ago. There was three requests from City groups
to help the Caldwell Community Civic Building Association
spend some of the money earned from renting out tables and
chairs. The requests were from Greenbelt, Stadium, and Parks
and Recreation. The Board has the requests under advisement
and w i l l meet again in the near future and make their
decision.
Councilwoman Mallea stated that: she attended the Kiwanis
Prayer Breakfast and it was most outstanding. The football
coach from Boise State spoke and he was a good speaker. She
also reported that she attended both Arbor Day celebrations.
Mrs. Mal lea also said that she was contacted by a Mr. Schmidt
expressing some concerns. She was hopeful that someone could
address his problems. Councilwoman Mallea asked the Mayor
with regard to a letter received from Mr. Yost. The Mayor
informed her that this matter was taken care of through the
Building Official and the Police Chief. There was a problem
with communication regarding this situation and it was now
being addressed.
Councilman Raymond asked if there was a copy of an Attorney's
Opinion with Mr. Schmidt's letter. If so, perhaps an
updated opinion should be requested.
(MAYOR'S COMMENTS)
The Mayor stated that he would like to report with regard to
tax dollars that were appropriated for a trip to Los Angeles
last Sunday and Monday. Bill Norman, the Economic
Development Director, and Mike Batt, a local businessman, and
the Mayor met representatives from Taiwan with regard to
investing some money in the Caldwell area. The meeting was
well received and the Mayor said he would like to thank the
Council for allowing him to attend that meeting.
The Mayor also recognized Larry 'Rick who recently resigned
from the Fire Department to take another job. He expressed
his regret that he was leaving, but wished him good luck.
There being no further business, the meeting was adjourned at
9:15 P.M.
APPROVED AS written THIS -!6th DAY OF " -a`y
1988. --- - - - - -- --- - - - - --
Mayor
Councilperson `— Cougl ilperson
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