HomeMy WebLinkAbout1990-05-07city council minutesBook 31
7, qO
The calle'. "-o ord, by jamer� R.
stanrl, for Pledr� of
the
The of City as ca ed wi the fo 1 owing
Val�c�-� Nanc,_. - _M :,loch, jF=boe,
a f A _k"I'l " S.
-�., Houc'_i I
(ADDITION';:; TO T"
T a Mayo- askef J_f th.e_r-_, Was add_i c to
th prep . d Age. at C,' ti-L"". As were wa none, tae
dec < that the wo�:_ ccnr as
(AUDIENCE - ', -,, -,TIC __P<ION)
M�F, 771 -
)r D a aske-C. 1,f tl was an f: :om the a.alienc� - .7ho
to that g no' on th - .)repa,z ,�d
M 2D Lan_ wi.: recd l b . : :l -, the
M _. tatec . gat h 1,3d a rc. a�. 2005 - his rign'�,. next anor to
and liLv_`,: th_:_ refuss�- to c the
U
Mr. f sz...d tha can De doy�w about
he nog � %other 1 Cit ;gain-
Th. ayor M_L.,_"_ PeELCC%Cv._ that- Ci
prop an(a bac' — him -
(CONS�I CA` DAR)
M a yml : D a k a n - 'i s k e d t."'. s C o u n c M e m. s re wL an
on Uc Cons tk the woul-.'I like co ha
consid od sepE�.rateiy F. the c.her
Raymcl sta that. "-.a not'.(,, in Tra._ ic
Coma.:.-sion . eting 7 ' scl. dis�;�:ssion to bJ
- her he
path ' _on. a t v pas as a
routin_ _'.tem, ;1-ls woi- like have at a
Tln. ,,70ul -_,. - L I ow inpu from public.
The a.vor a pre , ted n., items on the _onsenc ;
with exc . ._ion o: - the ffic '. M_! . _-es as
- Pcilows =
D_�1- 7 aith react cT of minu--es of (-1
cf Apr 16, 1390, a n
City Cc
as , ,.: , ..,tten;
20 mi .:t o :hs H:Lstorica -, Ireser-ot' - ion
Com-, q -loin, ��f Apl- " 24, 1990; ch Calo,7:,
Senioll Cente:- CommisE, , Mec'_-,l'_n,,_g of
990, a the :-:—tints L'f Apr 24tl" =d 30t,,,,
t ng I -
"Dril
the - .aldwell Golf acrd Mee of 1990,
3. Approve: - two fire,-ork's _ands
suo `led by - ennis to a, aul s G,_ S`.:ore
and Cl ub- Calc',:. to '518 E;
subJsct to and , .nprova] by tl
ding and - %_I-e Fir,:; Depar ^nt a the
are
MOV by M SCCONDED cy Nanc-- to a t'l Co.
- ento
o, - s
pcll Tho:,,- vot--,7 yes: Murd�cch, Ja�_."_)oe,
and j\ colas,. Those - Toti - rc o:
nog Abse and votin non,.-, -
Book 31
Page 31
MOTION CARRIED
Councilman Raymond requested that the bike path item be
placed on a future Agenda.
RECOGNITION AWARD
Mayor Dakan asked Councilman Houchins to make this
presentation. Councilman Houchins explained that once a
month a person, company, or group is recognized by the City
Council for their contributions to the community. At this
time, Councilman Houchins stated that he would to award this
recognition to Larre Robertson from the Pizza Hut. He
explained that Caldwell was very fortunate to have Larre in
Caldwell as he does a great deal to help everyone. A
certificate was then presented to Mr. Robertson along with a
complimentary dinner.
OLD BUSINESS
(THIRD READING OF BILL NO. 16 - ANNEXATION REQUEST BY RILEY HILL)
Mayor Dakan read Bill No. 16 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 THE
OWNERS OF SAID LAND HAVE CONSENTED AND AGREED THAT SAID
LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART
OF THE R -1 SINGLE FAMILY RESIDENTIAL ZONE; 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 TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF CALDWELL, IDAHO.
It was MOVED by Raymond, SECONDED by Houchins to suspend the
rule requiring that a bill be read in full for one of the
three readings.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Houchins that Bill No. 16 be
passed and entitled Ordinance No. 1$55.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
NEW BUSINESS
(RESOLUTION - GROUND LEASE AGREEMENT WITH TOM EDMARK)
The Mayor explained that this site referred to in the lease
is located on Cleveland behind K.C.I.D. This site has been
an eyesore for a long time. A local civic group would like
to remove the weeds, plant grass and build a gazebo which
will beautify the area and provide a park atmosphere in the
downtown area. K.C.I.D. will allow their water to be used to
maintain this and the Caldwell Beautification Commission has
a plan in conjunction with one of the Boy Scout Troops for
the site.
The Resolution was as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF
Book 2'
.D a qe .. -
A` THOIMA�-' 0MAF
IT x"E'SOLVED What Mayor and C. -.- - - - k of e
ty of ".aldwe" be, the herob—'; are,
that montn m(Dn Groun-,' Lease
Ag__. 'sere to, by _,)etwec1I the CJ_i::_V of
Ca-1 I-I 1 aa_ Thom. Edma t ,. .-ental Fee set at
31.00 . n - r yea'
Resol be
MOVED Nanc��..��s, SZL(_"YDED Ualdez, that the
P :=.ssec. _ ,_-.,, exe,-, (D the � . 1 ;
Roll �,,all
IX o 1 as, '.
.'arboc, Houch....7. Ra )nd val,aez. T! voting
no
ent a ,,-._- not a
MO ' -SON CAF_-_-.'.7FD
(AGREEMEN T� OTHM�:17 ORTON 7NG I ti r 7 -- ?S FCl2 - PROFES�IONAI.i
SERVIC
jer Olson, t M�-, o'." - '- - he ".
wa
Agree - ^.t --o ass:.7t the City
E.::�
prepar a - pr , , - _ , applica
airLpo'-_ grant monies, This
T, as to expe- ut'_.
the _^ -app Selec`. of consul
0 0 i P_ 'G ?7
ng
comID I cons-:.1tant sc :i.ectic� . nrc)C - dtj_] �.zing To,-_-,thman-
se_r � he,-,�. been - _scusu:�d wt the
A finis Lion d. M
wit -he -_ Olson
sty :ad th the the I1.1c ., :,-
the-- of M�,.y ?rd.
MOVED - , - Ju , Jarboe SECC'i\T, by the with
Tcc'hman'.'.r_on E nee be a
Rol call - , - -Dte. v,`_ ves: ja_ - boe, -cuchinc-_
Rayi Vallac7,, Nanc:clas, Mu r_ -: h. po v o 1_1 g n
none. ^sent arl'fl not %7� e .
MC';'
.
, --' "? - 7
....-ON
7 �
(CONSIDERA OF �jC SMOKI",_ POLIC"-' FOR H_"'NG Fl_`,�`� FIG=..'.',S)
A 'the .,rest or the Ivor, - 're C Brul Allc
ex req for tI. no
fire hte
7 il -
1'�� Ch_i�-_:'_ brief-1,; the - .,L--mo was to
th_-, City V bers _'ch as
I we like - Io recoi t �he C' that ey lis'n a
policy vf
There
to ti fy s, and will few
of _ hese your
Firs ,� '- as o:- Janua::_v 1, Sta. s Lea; -slat-ar'
imole,'�-i-,z SIcticri 72-438 of the, Idaho Code, - , , ,7hich
r r- f e r a s 6_ for
ce, c ch
co ensa shale. e pa3 for or dc� nn
tho is c are i c as cu or pu_�1'lonary
resp - 7 �:' - l - _,, 'cc a
�;��ases a Pa.— fire-3...7nter. his Co L
very
:`or a c cr fire:'_'_ This cc—ild be
a -, e r y 7 t I y _.;t..n.b f or -, c:ity s , 'ould z -- irefJ.g.,-.ter
frcD.i such disab-'_ i_ty, woulc; _•eem ina the ty
-his p-1 c)_,:.� 1 em at 1
wo ; limit � '-'s e:< o:_;ure - Lc
ac. rye future emplcl whic`.7 , `_,:_crease
t'nsir ]_ - elihcc�. of suff=ing thes/= types
Secc.ndly, �. jc"C of is very strer"l-11."",
occ a n d c n, w h J_:- is 7'.. s o v v s t s. s f u J.
i
I
There - ', o, it impor"'Int the we n thak
a in S t h c- - o c ^d vant e t c
Book 31 Page 83
not have smokers in the future.
Thirdly, a quick cursory study of the sick leave usage in
this department since 1985 provided some interesting
statistics. During those years, based on the records in
payroll, smokers accounted for about 32% of the time and yet
they also accounted for about 65% of the total sick leave
used during that period. This was just an informal study I
did, but the results are similar to those of at least one
other study that I am aware of.
As to the legal aspects of this type of policy, my research
indicates that it is legally defensible if implemented as a
condition of employment for future hirings. This is done
through the applicants entering into a pre - employment
contract to cover this issue. I have included an example of
such an agreement as it is used in another department for
your information.
The medical evidence justifying this type of restriction is
abundant, and we have much of that on file. We are not at
this time trying to include present employees in this
requirement due to other significant legal issues. However,
we are encouraging present employees to stop smoking and have
had several who have recently done this.
We will be hiring at least one new employee as a firefighter
in the very near future and would like this policy to take
effect immediately so as to be timely. This issue has been
tested in the courts and upheld as a valid means of
addressing the issue with respect to the City's right
to restrict those hired.
The Chief also presented the proposed policy as follows:
Due to the provisions of Section 72 -438 of the Idaho State
Law which indicates that disability or death of a firefighter
is to be considered compensable as an occupational disease
when it is related to cardiovascular, pulmonary, or
respiratory disease and that such disabilities can effect the
costs to the City for such dissabilities, anyone employed by
the Fire Department after this date shall not be permitted to
smoke tobacco or any other substance considered as dangerous
within the frame work of controlled sbustances statutes on or
of f duty.
A. Current employees in the Fire Department will be
exempted from this policy at the time of its adoption.
B. At the time of appointment, new employees in the
Fire Department will be required to sign a condition of
employment agreement agreeing not to smoke whether on or off
duty as long as employed in the Fire Department.
C. Employees who violate this policy will be subject
to disciplinary procedures, which may include dismissal.
The Mayor pointed out that the City of Nampa has had this
policy in force for the past five or six years. They felt
that it worked very well. Chief Allcott also reported that
this policy has been taken into court and held valid.
MOVED by Raymond, SECONDED by Nancolas that the proposed no
smoking hiring policy as proposed by the Fire Chief be
adopted by the City of Caldwell effective immediately.
Mayor Dakan opened the meeting for discussion and recognized
Al Wolfe, who stated that he did not see how the Council
could make something that was not illegal a condition of
employment in the City. He felt it was a discrimination.
The Council discussed this policy at some length after which
the Mayor asked for a roll call vote on the motion.
Those voting yes: Raymond, Valdez, Nancolas, Murdoch, and
Houchins. Those voting no: Jarboe. Absent and not voting:
Book 31
nona -
TA 'n 84
MOTION, '_,ARRIED
(DISCUSSION AN! POSSISLE DIRECTION anOARDINS THE PIANNING AND
ZONING ",,"'MISS MEMBLIRSHIP [Aj'�,]) MEETI 71ME)
The Ma == explained that this :as placad on the Age._.._ for
df7oussiov and possible wrection on the Planning and Zoning
Comoission Pambership and naeting .lme. mayor Dakan further
commEnted tA2' there has been one City Council Meeting where
a quozom was not present an& also ona Planning and Zonin
Commission. This puts an impcsntion cc people trying to get
projects otartec in town. His z2guest Lt this time was for
discass±cp among �he Council Members an to how they wo�ld
feel about. vne Planoing art Zonzng Commission having tw_
meetings a month and also cutting the Commission frcm nin
vcting nvolbers - -s seven
DennAs Crooks, tha Planning and Zoning 3irectoo, fur sr
commeAted tnnt the purpose wo goal - ,:as to n drove ^a levK_
of putt A^ servnce to the com5mnity and to prcvide efficient
and timely response of raview of develogment prujects. Part
of the itcms that are offered f= cons i d<. bas on
a t;va Staff did of compara:, he citl3s in the State cf
Idaho. They 7ound that most rF the Commiss we _r meetip,
twice n monto and a nign±fdoant tuber DIT them - had
mamber: hnp of anyroximanaly scinn. Soneral also uscA the
a.0arnats canoeVt. Therefore, it seemed worthy of
consAferatlu7_
After some discussion, it was MOVED by Jarbone, SECONDED by
Houchino that Stafi be diracted `:o explore these
pcssibiln._nes ant bring their recommenvation to the Zity
CounnAl.
Roll call vct� VMose votn yes Ja: ,
Raymond, valdez, Nancolas, an Murdoch, Those voting no:
non&, and - n.7t vo n c nv_ ,
MOT CARR177)
(D ETE: l I NAT __,'_'_\ OF A- C. DEL1'_.__,,-,?,TE)
Mayor Dakan 7sportel to the Council that he -muld not be abis
to attond the full Ccnferenc The. afore, '. wou-.C-. ask tli��
Council to ad] issue,
MC ,D by - -eymond, SE1CONE= by : that -.
be n^med the official delsgate at - Ow Association 7
Idahc to be _-.eId in June 27. - 2/.
K90.
MOTION CARRIED
(POLICY FC. WATER 20NNECT-. OUTS _ OF C,__: 'Y LIMI_
Thy fDlic-ing men was y7osentu§ to tlia Tembers of tho
Council by Water Supe:-.Lctenden'��
E12yarnand: The Water Department has been approached Q
saveiff owners outsiSs the City limits regarding
ccnneativA to the ew distriburinn main oeing iwstailsf on
and to Ustf Road. While the City has allowed connecticr.s.-
of th"s typs before tourrently 5), it has teen by Counci1.
apprc on a =ase by case basis. in the pact, double the
sF7vice i2nnection fees and dontle water billing rates nave
bc� app-'_ to t, use cc ;coons.
The Tatar Department is expanc_ servi,:;�^ area maxi r
out cA necessity; nowever, expansion Aces create
p�,t ;sibz ties fo.. the C to an, in k,:. futurc- broar�-
the tax base. WI. an anreement to a and havinq nsid
'APE�n and noin expansion fees, tacy are no. longc a burden
Book 31
Pace 85
to the Water Department and should be assessed at the same
rate as City residents.
OPTIONS: A - Approve policy as written.
B- Return policy to Department with
recommendations
C - Continue reviewing on a case by case basis with
fees charged as at present.
RECOMMENDED OPTION:
Option A provides the Water Department with an immediate
investment return while making properties available for
annexation in the future. It is recommended that this option
be approved.
The City Engineer, Wally Cory, further discussed this
proposed policy and answered questions from the City Council
Members.
MOVED by Jarboe, SECONDED by Murdoch that the Policy be
approved as written.
Roll call vote. Those voting yes: Jarboe, Houchins,
Raymond, Valdez, Nancolas, and Murdoch. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT COMMISSION)
Mayor Dakan explained that in 1982, the City of Caldwell
passed Ordinance No. 1633 creating an Industrial Development
Commission. This Commission assists anyone coming into the
City who wants to obtain industrial revenue bonds. As there
hasn't been a call for this Commission for some time, the
terms of office of the original members have expired. The
Mayor stated that he would like to make the following
recommendation of appointment to this Commission for Council
approval: Phil Frye, one year term; Fred Batt and Roger
Anderson for two years terms; and Max Hill and Don Tolley for
three year terms.
MOVED by Murdoch, SECONDED by Valdez to approve the
appointments to the Industrial Development Commission as
presented by the Mayor.
Roll call vote. Those voting yes: Murdoch, Jarboe,
Houchins, Raymond, Valdez, and Nancolas. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(FIRST READING OF BILL NO. 19 DECLARING A PORTION OF LUBY PARK
PROPERTY AS SURPLUS)
The Mayor read Bill No. 19 by title only as follows:
AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF THE CITY
OF CALDWELL, CANYON COUNTY, IDAHO, THAT THE MAYOR AND
THE CITY COUNCIL INTEND TO SELL THE FOLLOWING DESCRIBED
REAL PROPERTY OWNED BY THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO; AND WHICH SAID PROPERTY IS SITUATED IN
CANYON COUNTY, IDAHO; THAT SAID SALE IS MADE UNDER THE
PROVISIONS OF TITLE 50, CHAPTER 14, IDAHO CODE; THAT
SAID SALE OF SAID PROPERTY SHALL BE AT PUBLIC AUCTION
AND SHALL BE SOLD TO THE HIGHEST BIDDER AND THAT NO BID
SHALL BE ACCEPTED FOR LESS THAN THE APPRAISED VALUE;
SAID PROPERTY BEING DESCRIBED AS FOLLOWS
The Mayor asked the Planning and Zoning Director to address
this item on the Agenda. Mr. Crooks stated that over the
last month, Joliet Street between Ninth and Marble Front was
vacated to accommodate the potential development of a
Book K-
Pact 1 F,
MavericA Store at that .ntersec_ - '-on. 1'.; was t."os intention of
tpja MavijTick Store Company to purcha2 a po of the
vaccted jc`_let Street rig 7-t of wa" along a srlall
of tn2 Luby Park site, that portion which is on the soot_.
side of Marble Front Road which was a tely .22, acres-
This wo id help to facilitate Savelopment of this property
anj to help squars the property and make a more manageable
deg "_opine A re =dual P12Ce of perty -i11 be - owned
by wo City on the south <side o:- Marble Front , . Jhich
approximately nree-querters tc an ac r„ in sip;.. TI, purpose
ol the Crfinance is to ?nne the - ,ouncij- ��,'eclare hat rE:.
pc7tion c! the projerty as excess property and authorize the
Stail to place that notice in the n wspape and it for
sale. an appraisal wAll be tone on - f e prcDQrty. Decause of
Ws 1c cation, it will Drobably not h2 valueo as high as the
initial Viece.
Mayor Dakar: 4eclared that whis woulf be cc.-.7idered the iEirst
readi;; g of Bill No. 19,
(POL107 REGAFD7NG LUE'` , PARK l S .T,E FUNDS SHOUL7 GO)
Mayor Dakar: explainad that this second is s- a concorning the
sale n the ancess property was to determine the use of M
funds s.,rned the h; City Council being asked
tw make detc at time,
Coupaiiman Wncolas oade reference to the intter received by
the Cooncil from Mr. Schwind, Parks and Recreation Eirector,
suggesting thst the monies go bac,- into tna Par for
im ,rover ents. He felt was E, qreat idea.
Councilman jarbae MOVED and it was SECONDED by Houshins that
the Asoision he postgoned as to where the _ands should be
used the -axt Regular Cit Counca_-I Meeting, Councilman
jarbae fvrther said that he t cught there was probably a
num= of =oellent uses fc excess funds -'-n the City.
Counci Iman Hcochins pointed out t.:iFt by ,7porting this
r they nere not trying to do ay the sale c- the
pnoperty. They were simply concerned about where the VWnds
sho�ld go.
Counc-.�man Naraclas stated that he had no problem with the
May.
Roll call vote. Those -oting <,Tes: - Houchirs,
Raymond, Valdez, Nancolas, and Murdoch. Those voting no
none, -, , , )sent a not —oting: none.
C,'',P, R I E D
Coy._ oil ass urea Ms. Brandt that they did not want,
alterne or other suggestions ' to , the money
snould gc-
(FINANC REPC
Councmiman Murdoch reported chat the bills were reuiewed
showing accounts payabla in tno amount of $302,429.17 and a
payroll in the amount of 2164,529.09 for the period enAing
April 30, !PTO.
MOVED n Murfcch, SEWNDED by Nancolas that the accounts
p,- the smount of S303,429.17 and the payroll in the
amount oZ 0164,589.09 be accept a?, the bills paid, and the
voucn3rs fflsd in s Off�.cc� of the City
Roll cnil vote. Those vc� !-ng yes. Mur .zoo h, jarboe,
Wcohins. RaymonQ Va!Csz, and Nancolas. Thcss voting no:
no s A and rot vot- nc. .
MOTION CARRI=
Book 31
(COMMITTEE REPORTS)
Page 87
Councilman Raymond informed Council that at a recent Airport
Commission Meeting, there was concern expressed by the
Commission with respect to competition from Nampa Airport.
There was apparently some encouragements given to individuals
interested in building hangars at their Airport. The
Commission may come before the City Council with proposals
along that line.
He also reported on the Library Board meeting. They were
working on a plan for assisting Greenleaf in providing
library usage. Their book sale was successful and they
thanked the community for their support.
Councilman Nancolas commented how pleased he was with the
clean up day Saturday. The turn out was very good and a
great deal accomplished. He would hope that the citizens
would now do their part in keeping the City clean.
Mayor Dakan commented with regard to the date of the clean up
in Caldwell. This year the State established May 5th as a
statewide clean up which conflicted with the Cinco de Mayo
Celebration. He further said that if this happened next
year, the City of Caldwell would schedule their own date for
the clean up and not on May 5th.
(MAYOR'S COMMENTS)
Mayor Dakan reported that he received a letter from the Union
Pacific Railroad assuring him that the #844 train will be
stopping in Caldwell for the Centennial Celebration on July
1st.
The Mayor also informed Council that he was elected to the
Treasure Valley Certified Development Corporation which is a
funding organization that administers 504 SPA funds to our
area. He felt it would be a help to have someone from
Caldwell on that Board as they were looking for projects in
the Caldwell area.
There being no further business, the Meeting was adjourned at
8:45 p.m.
APPROVED AS written THIS 21st DAY OR May , 1990.
City Clerk