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HomeMy WebLinkAbout1989-05-15city council minutesBack 30 REGULAR MEETING May 15, 1989 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page 105 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. (ADDITIONS TO THE AGENDA) Mayor Cowles informed the City Council that he would add one item to the Consent Calendar. This was to present a Catering Permit for consideration by the Council. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the Council at this time on any item that was not on the prepared Agenda. As there was no one, the Mayor declared that the Meeting would continue as outlined. (PRESENTATION BY THE CHAMBER OF COMMERCE AND THE COUNTY COMMISSIONERS) Mayor Cowles introduced Ron Carter, President of the Caldwell Chamber of Commerce, who had requested permission to address the City Council at this time. Mr. Carter explained that about a month ago a welcoming party was held for the Comfort Inn people to let them know how much they were appreciated. In return, they have been very gracious in doing something special for the City. He then introduced the Manager of Comfort Inn, Shavall Oglesbee. Ms. Oglesbee addressed the City Council stating that since the City was so gracious in welcoming them here, they would like to take the proceeds received and donate to the City to give to a charity of their choice. She then presented a check for $2,000 to the Mayor. The Mayor asked Sgt. Hollis of the Caldwell Police Department to step forward. The Mayor further stated that the City has decided to present this money to a program started by the Police Department. This particular program does a wonderful job serving the young people in the City. He then requested that Sgt. Hollis explain briefly the P.A.L. Program. Sgt. Hollis explained the Program and noted particularly that the Program has expanded from boxing to girl's softball, boy's baseball, and jump rope. He thanked Ms. Oglesbee and the Mayor for the check as they were trying to expand even more. Mayor Cowles informed the City Council that the County Commissioner requested a few minutes at this time to speak to the Council Members. He then introduced Commissioners Chase and Koch. The Commissioners explained briefly that they were proposing new rates for the County landfill. The new Federal Regulations were going to have to be met and it will be expensive. The Regulations require that a fund be put aside and in place if the landfills have to be closed. The Parma landfill will have to be closed before October. After the lst of December, all the new landfills including the existing landfill at Pickles Butte will have to be lined with a liner that meets Federal Regulations. It will have to be filled daily which has not been done previously. The Commissioners Book 30 Page 106 presented a copy of the new proposed rates to the City Council and stated they hoped everyone would recognize that they had to proceed in this manner. They also spoke briefly about the feasibility of beginning a recycling program in the area. (CONSENT CALENDAR) Mayor Cowles presented the following items on the Consent Calendar for approval and acceptance by the City Council: To dispense with the reading of the minutes of the Regular City Council Meeting of May 1, 1989, and approve them as written; to accept the minutes of the Caldwell Senior Center Citizens Commission meeting of May 15, 1989, the Aviation Commission minutes of April 6, 1989, Caldwell Public Library Board Meeting of April 6, 1989, and the Golf Board minutes of April 12, 1989, and May 10, 1989; approve a Catering Permit for The Corral to cater for the College of Idaho Senior party to be held at the Ballroom on May 15, 1989, MOVED By Winder, SECONDED by Straight to approve and accept the items on the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Winder, Houchins, Mallea, Jarboe, and Straight. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED OLD BUSINESS (FIRST READING OF BILL NO. 13 - REPEAL CITY CODE PERTAINING TO OPEN CONTAINER AND FIRST READING OF BILL NO. 14 REPEALING THE CODE BY ADDING A NEW CHAPTER REGARDING OPEN CONTAINER) Councilman Winder stated that there was some corrections that the City Council would like to have made before these Bills are considered for first reading. Therefore, it was recommended that they be sent back to Staff to be revised. MOVED by Winder, SECONDED by Mallea that Bill No. 13 and Bill No. 14 be sent back to the Staff for corrections to be made before the first reading. MOTION CARRIED NEW BUSINESS (FIRST READING OF BILL NO. 15 - VACATION OF SHAVER TRIANGLE) Councilwoman Mallea was recognized by the Mayor and explained that Bill No. 15 concerns a sma11 piece of property that is a triangular shaped parcel of Shaver Avenue right of way. This property has value only to the person who owns it. As it is not used or needed, it is to the best interest of the City to vacate as requested by Mr. Sayler. MOVED by Mallea, SECONDED by Houchins that Bill No. 15 be passed after the third reading. Councilwoman Mallea read Bill No. 15 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION, RECITING APPROPRIATE NOTICE THEREFOR 19AS GIVEN, AND DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, SAID PROPERTY BEING A SECTION OF SHAVER AVENUE IN THE CITY OF CALDWELL, IDAHO: The Administrative Assistant pointed out that this was to be only the first reading of Bill No. 15. Councilwoman Mallea withdrew her motion for passage with the approval of the second, Councilman Houchins. The Mayor then declared this to be the first reading of Bill No. 15. Book 30 Page 107 (FIRST READING OF BILL NO. 16 - VACATION OF PARTIAL EASEMENT - SYLVAN MANOR) The Mayor explained that this Bill was a vacation of south 4 feet of utility and drainage easements on Lots 1 and 16, Block 4 of Sylvan Manor Subdivision as requested by Gene Graves and Les Summers. Since there were no objections voiced to the vacation and the new owner is preparing to begin, construction of a new resident on Lot 1, the Council may want to consider suspending the rules and passing the Bill on the first reading. MOVED by Mallea, SECONDED by Winder that Bill No. 16 be considered the first reading. Councilwoman Mallea read Bill No. 16 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION, RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, AND DETERMINING THAT VACATION OF THE SOUTH 4 FEET OF THE 16 FOOT UTILITY AND DRAINAGE EASEMENTS ON THE FOLLOWING DESCRIBED REAL PROPERTY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, IDAHO: The Administrative Assistant pointed out that there was a time problem with this Bill. Because the owner would like to begin construction on Sylvan Manor, it is recommended that the rules be suspended and the bill passed on the first reading. Councilwoman Mallea withdrew her motion with the consent of the second and made the following motion: MOVED by Mallea, SECONDED by Winder to suspend the rule requiring that a Bill be read at three separate times and that B i l l No. 16 be read for the one reading by title only. Roll call vote. Those voting yes: Mallea, Jarboe, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED MOVED by Mallea, SECONDED by Houchins that Bill No. 16 be passed and entitled Ordinance No. 1816. Roll call vote. Those voting yes: Mallea, Jarboe, Straight, Winder, and Houchins. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED ( FIRST READING OF BILL NO. 17 - VACATE OREGON BETWEEN MAPLE AND WALNUT) The following explanation of this Bill was given to the City Council by memo: The City Council approved the vacation of this section of Oregon Avenue following a public hearing held several months ago. Part of the right of way lies within the Dixie Drain and it was felt that the construction of this short one block section would not be practical. Upon agreement between John Hull and the City, cul-de -sacs were provided where Maple and Walnut would intersect with Oregon and these have been improved with curb, gutter, and paving. Easements will have to be provided for a section of sewerline which crosses a corner at the north end of Oregon and for drainage from Walnut and Maple to the Dixie Drain. It is anticipated that these will be obtained by the time the third reading of the ordinance is held. MOVED by Jarboe, SECONDED by Houchins that this be considered the first reading. Book 30 Page 108 Councilman Jarboe read ]Bill No. 17 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION OF AN UNOPENED SECTION OF OREGON AVENUE AND PORTIONS OF MAPLE AND WALNUT STREETS IN CALDWELL, CANYON COUNTY, IDAHO, AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT NO OBJECTIONS TO SAID VACATION HAVE BEEN MADE OR FILED; DETERMINING THAT VACATION OF SAID RIGHT OF WAY IS IN THE BEST PUBLIC INTEREST; PROVIDING THAT TITLE TO SAID RIGHT OF WAY SHALL REVERT TO THE PERSONS DEDICATING THE SAME; THEIR SUCCESSORS, HEIRS AND ASSIGNS; RETAINING EASEMENT RIGHTS IN THE AREA, IF ANY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN w CONFLICT; AND PROVIDING AN EFFECTIVE DATE. MOTION CARRIED (PUBLIC HEARING ON CONSOLIDATION OF POLICE AND FIRE DEPARTMENTS) Mayor Cowles stated that this was the time established by the City Council for a Public Hearing on the consolidation of the Fire and Police Departments. As required by law, anyone caring to speak during the hearing must sign up. Since there was no one else to sign, the Mayor asked the Council if they cared to set a time limit for those speaking. It was MOVED by Winder, SECONDED by Jarboe to limit the testimony to five minutes for each one caring to speak. MOTION CARRIED The Mayor informed those in attendance that the City Council has been given several document to consider during the last several weeks. There was a lengthy report from the Commission selected to study the possibility of consolidation, a minority report, and a letter from Mr. Gigray representing the Rural Fire District. The following people were recognized by the Mayor and spoke during the public hearing: Bill Addison, 1211 'Teton; Alan Herzfeld, Attorney at Law, 3423 Lake Street, Boise, a member of the Law Firm of Skinner, Faucett, and Mauk, who was requested by Local 1821. of the International Association of Firefighters to provide a brief overview of their position on this matter; Ron Lloyd, Firefighter, 5316 Lake Avenue in Caldwell, who presented a report to the members of the City Council (attached to the minutes as Exhibit A); Melvin Gifford, Firefighter, 23071 Stone Lane, Caldwell; Camilo Lopez, 1721 Roosevelt, Caldwell; Bill Gigray, Attorney at Law, 1523 Dearborn Street, Caldwell, representing the Caldwell Rural Fire District, who presented to the Mayor and Council a letter regarding this issue (attached to the minutes as Exhibit B). After the testimony, the Mayor asked the City Council for direction. Councilman Winder stated that on behalf of the Council, he wanted to express his appreciation to those who took the time to testify. All opinions needed to be noted so all can be taken into consideration when attempting to make a judgement as to how to proceed. Mr. Winder further said that he did think it was important to have the full City Council present when making this determination. At this time, - Councilman Raymond was out of town and he would like to postpone any decision making until all were present. MOVED by Jarboe, SECONDED by Winder that the City Council establish a self imposed deadline of June 5, 1989, to settle on the Consolidation issue. MOTION CARRIED (PUBLIC HEARING - APPEAL OF DECISION BY PLANNING AND ZONING COMMISSION - GARY LASHER) Book 30 Page 109 The Mayor suggested a five minute recess to give those who wanted to speak during this hearing an opportunity to sign up. The meeting was then reconvened and the Mayor asked if the City Council cared to establish a time limit for testimony. MOVED by Mallea, SECONDED by Houchins to allow each person five minutes to speak. MOTION CARRIED Mayor Cowles asked the Planning and Zoning Director to briefly explain the background of this issue. Mrs. Robison explained that this was a recommendation from the Planning and Zoning Commission following a public hearing to not approve a rezone request from Lasher Construction. The zone change they have asked for is to change a parcel on South Florida Avenue bounded by Beech and Cherry Street from Medium Density Residential R -2 to R -3 High Density Multi- family Residential. The Planning and Zoning Commission had subsequently sent a recommendation to the City Council several months ago to not approve a Comprehensive Plan Change. The Council, however, did approve the change so the area is shown now as High Density Residential Professional Offices on the Comprehensive Plan. The information presented to the Council by Staff indicates that utilities and services could be provided for both Medium and High Density Residential uses. The concern of the Commission and the reason for sending a recommendation to not approve the request was the types of uses. Types of uses are indicated on page 4 of the Staff Report. Many of the same uses are allowed in both zones: single - family dwellings, manufactured homes, two and three family dwellings, and home occupations. Special Use Permits are required in both zones for fraternity and sorority houses, dormitory, planned unit developments, barber and beauty shops; nursery for flowers and plants, and public and semi - public uses. Uses permitted in the R -3, but requiring a Special Use Permit include rooming - boarding houses, four, five and six - family dwellings, convalescent, nursing -rest homes, and child care facilities. Multi- family dwellings units are allowed in the R -3, but not R -2. The other uses permitted in the R -3, but excluded from the R -2 require a Special Use Permit. These are laboratory, medical, dental, optical, mobile home park, office, medical, professional, photographic studio, prescription pharmacy. it was the types of uses that the neighborhood objected to and the Commission felt that throughout the public hearing, there was not neighborhood support for either the zone or Plan change. The property is bounded on three sides by single - family residential uses and it is located close to Cleveland Boulevard. Mr. Lasher indicated that this would be an appropriate buffer area. The Commission said that they were not comfortable with some of the uses that could be allowed on the basis of neighborhood feelings. Therefore, they did forward the recommendation to not approve the request. Mayor Cowles stated that the City Council has received extensive reports, letters, and backup information which they have had the opportunity to study over the last several weeks. The Mayor then opened the Public Hearing and recognized the following people who signed to speak at this time: Mark Lootens, 2808 Polaris, Caldwell; Jack Doan, 3103 South Florida; Cotton Ward, 3011 South Georgia, who also presented a petition for the record and is attached as Exhibit C; Gary Lasher, Caldwell, a part of his testimony is attached as Exhibit D and Rita Earl, 2704 Beech; and Brian N. Finley, 2716 Beech, Caldwell. After hearing the testimony, the Mayor asked the City Council if they had any questions. After discussing numerous questions and the Council stating their views of the request, Book 30 Page 110 the Mayor closed the hearing and asked for action from the City Council. MOVED by Mallea, SECONDED by Straight that the City Council uphold the decision of Planning and Zoning and deny this request. Roll call vote. Those voting yes: Mallea, Straight, and Houchins. Those voting no: Jarboe and Winder. Absent and not voting: Raymond. MOTION CARRIED The tape from this hearing will be held in the Office of the City Clerk for six months and available for anyone caring to review. (RESOLUTION - AGREEMENT WITH JAMES MONTGOMERY) The City Engineer explained that it was necessary to separate out those items of engineering work that are grant eligible and those that are not eligible. At the end of the projeot, there would be no questions as far what engineering services went for grant eligible and ones that did not. Also, they were going to do a profit analysis to make an evaluation as to whether the profit indicated is normal and customary for this type of project. With these two reservations, the Council could either approve the Agreement pending the implementation of the two concerns mentioned or wait until they were incorporated in the Agreement. After a short discussion, it was agreed by the members of the City Council to wait until incorporated in the Agreement. (REQUEST FOR AN EXECUTIVE SESSION) Mayor Cowles requested that the City Council meet in an Executive Session immediately following the Regular Meeting. MOVED by Jarboe, SECONDED by Mallea that pursuant to Idaho State Code, Section 67 -2343, an Executive Session be called immediately following the Regular Meeting for the purpose of discussing land acquisition. Roll call vote. Those voting yes: Jarboe, Straight, Winder, Houchins, and Mallea. Those voting no: none_ Absent and not voting: Raymond. MOTION CARRIED (REQUEST FOR AUTHORIZATION TO BID FOR NEW PHONE SYSTEM) The Mayor asked the Administrative Assistant to present this item on the Agenda. Mrs. Brandt explained that one of the first duties assigned to her by the City Council was to look at the present telephone system and determine if there was ways to make the system more efficient and more cost saving. During the last several months, the phone system has been evaluated. The Committee has determined that a saving of approximately $11,497 a year could be realized by making some changes in the phone equipment. This will require the purchase of some equipment that will allow the elimination of about half of the lines currently in service. Mrs. Brandt stated that at this time, authorization was being requested to bid for the new equipment. This bid will include using as much of the existing equipment as possible. The result of the submitted bids will be brought back to the City Council for approval. MOVED by Mallea, SECONDED by Houchins to authorize going to bid for the phone system. MOTION CARRIED Book 30 Page 111 (PRESENTATION OF EASEMENTS FOR ACCEPTANCE) The Planning and Zoning Director presented the following easements for acceptance: An easement from Harold and Myrtle C. Sayler providing utility easement which completes the action on the Shaver triangle; easement from Erik and Mary Bry, John and Gloria Henry, and Mervin and Betty Flaming for potential sewer line extension across Brock Avenue which the Council vacated some time ago. MOVED by Winder, SECONDED by Houchins to accept the easements as presented and the City Clerk to have the same recorded. MOTION CARRIED (FINANCIAL REPORT) Councilman Jarboe reported that the bills were in order showing accounts payable in the amount of $615,417.64; salaries in the amount of $206,849.73; fringe benefits in the amount of $69,175.31 making a total of $891,442.68. MOVED by Jarboe, SECONDED by Winder to accept the financial report, bills be paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (REQUEST FOR CONTINGENCY FUNDS) The following background information on this item was given to the members of the City Council: In March of this year, the State Tax Commission conducted an audit of the City's "unclaimed property." Basically, this amounted to examining our bank statements and reconciliations for the past 10 years and asking for justification for all voided checks. Those checks that cannot be justified (by reissuance or proving a double payment, etc.) had to be turned over to the State. They in turn will try to track down the people and turn the money over to them. Also �r included in this examination were checks being carried as outstanding. This practice is mandated by State Law and gives the City no choice in implementation. The City has managed to eliminate $82,470.00 of the claim the State made against us. However, this left approximately $4,900 to be either turned over to the State or resissued. Staff is requesting that this amount be paid from General Fund Contingency since none of the budgets involved have these funds appropriated. MOVED by Houchins, SECONDED by Mallea that the monies be paid from General Fund Contingency as recommended. Roll call vote. Those voting yes: Houchins, Mallea, Jarboe, Straight, and Winder. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (COMMITTEE REPORTS) Councilman Jarboe informed the City Council that the Idaho Open will be held at Purple Sage Golf Course this year. The Golf Board expressed a desire to promote this event and more importantly, would like to promote the Purple Sage Golf Course. The suggestion was to purchase one half of a billboard on Interstate 84 near the College of Idaho exit sign facing east. The cost of half of this billboard would be $200 a month and they would be looking at a minimum of one year's usage. The Board felt it would be a good way to promote the Golf Course for a year and the fact that the Idaho Open would be here. Book 30 Page 112 Therefore, Councilman Jarboe stated he would like to MOVE, and it was SECONDED by Houchins that $2,400 be allocated from the Public Affairs Budget for one year's rental of one half of the billboard on Interstate 84 for Purple Sage Golf Course use. There was a great deal of discussion pertaining to what budget this money should come out of. It was pointed out that this was an Enterprise Fund and it would seem more appropriate to take it out of the Golf Fund. After discussion, Councilman Jarboe withdrew his motion with approval of the second, Councilman Houchins. MOVED by Winder, SECONDED by Jarboe that $2,400 be allocated from the Golf Contingency Fund for one year's rental of one half of the billboard on Interstate 84 for Purple Sage Golf Course use. After comments from the Finance Director, Councilman Winder withdrew his motion with approval of the second, Councilman Jarboe. Councilman Winder suggested that a budget report be submitted to Council so it will be available at the next Regular Meeting. The decision would be made at that time. Councilman Jarboe also reported that the Grand Opening for the new Clubhouse at Purple Sage has been scheduled for June 3rd. There was to be a full day of activities with the ribbon cutting to be at Noon. Councilwoman Straight asked for help from the Engineering Department to put in a donated flag pole at the Airport. Councilwoman Mallea commented that the Library Parking Lot was proceeding and would be completed soon. She also complimented the Mayor. and Staff for the clean up job done this year. There being no further business„ the Regular Meeting was adjourned and the City Council convened into an Executive Session which was adjourned at 10:30 p.m. APPROVED AS written THIS 5th June DAY OF 1989. n Mayor `fiLdI `r�r cry Coun person Councilperson Cou cif er on Co c 1 e so /�d°�L �- GR-„ '°r`'Y"" / /i rA,G %/.L �f✓ F �" � y¢r i Councilperson CbuacilpeYs6n ATTEST: �v City Clerk�-