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HomeMy WebLinkAbout1986-05-19city council minutesBook 27 REGULAR MEETING May 19, 1986 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page 87 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, J. Carter, L. Carter_, Mallea, Marcus, and Marmon. Absent: none. (APPROVAL OF MINUTES) It was MOVED by J. Carter, SECONDED by L. Carter to dispense with the reading of the minutes of the May 5, 1986, Regular City Council Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council on any matter that was included on the Regular Agenda. The Mayor recognized Don Woolery, 1206 North Michigan. Mr. Woolery stated that he would like to bring the Council's attention to the fact that the storm drains in Caldwell were plugged and causing a great deal of` concern. He worked last year with the Golden Gate Irrigation District and found one of the main reasons for not getting water distributed was the plugged storm drains. OLD BUSINESS (RESOLUTION TO AUTHORIZE EXECUTION OF HOSAC AGREEMENT) The Mayor called on the City Engineer, Mr. Redmond, to present this item on the Agenda. Mr. Redmond stated that a workshop session was held last week and there was some changes in the Agreement. The dollar amount originally discussed under basic services was reduced by approximately $15,500. There was also added two clauses. One was the language recommended by the City Attorney on page 15 where clause 7--2 -1 was added stating that it was understood between the parties hereto that the owner may use all the documents including drawings and specifications referred to above to complete any aspect of said project found within said document. Mr. Redmond further said that he had a discussion with the Mayor and Mr. Hosac and Councilman J. Carter that morning and it was suggested that additional language also be included in the contract in the form of future addendum for additional construction related services. This was classified under 7 -7 -1 stating that it was further agreed between the parties hereto that the Engineer owner shall enter into an addendum to this agreement at some future date to retain Engineer for all construction related services necessary for the construction phase pertaining to all work elements as outlined in Exhibit A. under I. Basic Services Designed, which are contemplated to be constructed beyond calendar year 1986. This Agreement to enter into a future addendum is contingent upon owner's receipt and approval of an offer of additional federal grant funds for future construction and a final decision by owner to proceed with said future construction. Mr. Redmond further said that it was felt in that discussion that it would appropriate to finalize for the project in its entirety. Book 27 Page 88 The Mayor then asked Mr. Hosac if he cared to address the City Council. Mr. Hosac was recognized by the Mayor and stated that he would like to briefly review the history of the Airport Project to provide the Mayor and Council a better perspective related to events of the past. Mr. Hosac further said that he felt the review would give them a better understanding as to why Hosac Engineering believes very strongly that their firm should be allowed to proceed with the design of this very important project. Mr. Hosac proceeded with this review to the Mayor and City Council summarizing by stating that the Hosac Engineering, Inc., felt it would be a serious mistake for the City not to approve the execution of the agreement and would respectively request that the City Council approve the passage of the Resolution at this time_ The Mayor then asked if the members of the City Council would care to ask Mr. Hosac questions with regard to the project. There was a lengthy discussion with many questions presented. The tape of this meeting is on file with the City Clerk and will be saved for six months. It was then MOVED by J. Carter, SECONDED by L. Carter to accept the Agreement with Hosac Engineering, Inc. Councilman Raymond reminded the Council that the minutes of a previous meeting will state that the City Council made the motion to delay the acceptance of this Agreement until word was received as to whether the City would receive the Grant monies. It was Councilman Raymond's opinion that this former motion would have to be rescinded before any other action could be taken. Councilwoman Mallea stated that she had no objection to the work that Hosac Engineering has done. She did believe that it was risky for the City of Caldwell to enter into an agreement at some future time uncertain. She would be receptive to allowing the sealing and slurrying work to continue. She would be more receptive to delaying a carte blanche agreement as she believed that the best interests of the City are to be had when proposals are taken at the time of the work. Councilwoman Mallea further said that Hosac Engineering would not be denied a chance, but she did believe that other Engineers who would have the benefit of the study should also have a chance. Due to the sense that competition is the soul of securing economy for the City, she would be reluctant to give a carte blanche agreement at this time with no reflection on Hosac Engineering work or potential work. Councilman Raymond stated that he would like to clarify the position of the City Council. Two weeks ago at a Regular City Council meeting the motion was made and passed to delay acceptance of the Agreement until the City received a firm commitment from the F.A.A. that the grant was forthcoming. A motion now, to his opinion, would be contradictory to the former motion. Councilman Raymond further commented that he agreed with much of what Mr. Hosac has said. However, it was his understanding that the City has paid for what was received to this date. He did believe that there was some implied commitments to Hosac to reach this point. There has been a lot of public input with regard to airport expansion and it has not all been positive. When it was realized by some people in the community that the City was talking about $200,000 in engineering fees and that it could have perhaps been done by a local engineering firm, various people have had some concerns; therefore, he was not sure that a good job was done in letting the local firms know what was available. Councilman Raymond said that he would like to have the local firms at least have a chance at the project. At the last meeting, it was his choice to delay the decision. Further, he did not want it implied that this contract was for the duration. Boole 27 Page 89 Mr. Redmond commented that the City has not received confirmation in writing of the grant monies, but a telephone call was made stating that the money was there. A formal grant offer may be six to eight weeks away. Verbally the people in Seattle have said the money was Caldwells, but there was nothing positive. it was necessary to proceed because of the weather. Councilman J. Carter stated that he would withdraw his motion with the approval of the second, Council L. Carter. Councilman L Carter agreed to this action. It was then MOVED by J. Carter, SECONDED by L. Carter to rescind the motion made at the May 5th, 1986, Regular City Council Meeting stating that the decision on approving the Hosac Agreement be delayed until the City receives word with regard to the grant monies. MOTION CARRIED MOVED by J. Carter, SECONDED by L. Carter that the Resolution be passed authorizing the execution of the Agreement with Hosac Engineering, Inc. The Resolution was then read by Councilman J. Carter as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND HOSAC ENGINEERING, INC. BE IT RESOLVED Than the Mayor and Clerk of the City of Caldwell, be, and the same hereby are, authorized to execute that certain agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Hosac Engineering, Inc., for the purpose of work on a portion of Caldwell industrial Airport improvement project. The dollar amounts relating to this project were discussed with the City Engineer. The Mayor then requested a roll. call vote on the motion for the Resolution to pass. Those voting yes: J. Carter, L. Carter, Marmon, and Raymond. Those voting no: Mallea and Marcus. Absent and not voting: none. MOTION CARRIED Councilman Raymond informed the City Council that he voted yes with the very strong recommendation to the Mayor that any time the City does business outside of Caldwell, there be a good reason for it. Councilman Marmon also said that he was supportive of this recommendation. NEW BUSINESS (PUBLIC HEARING TO ALLOW CHURCHES IN M -1 ZONE) The Mayor explained that this was the time set for the Public Hearing to allow churches in M -1 zone. As there was one individual signed up to speak to this matter, the Mayor requested that the City Council set a time limit for the presentation from him. MOVED by J. Carter, SECONDED by L. Carter that five minutes be allowed for anyone giving testimony at this hearing. MOTION CARRIED The Mayor then recognized Mrs. Robison to address this issue. Mrs. Robison explained that this request was initiated by the Grace Community Church to the Planning and Zoning Commission. They had located a building on Kearney Street which suited their needs for relocation and then discovered the building was in the Book 27 Page 90 M -1 light industrial zone. The building is directly across Kearney from an R -2 medium density residential zone. Rather than seek a rezone of the property, church representatives decided to approach the Commission with a proposal to change the zoning code to allow churches in the light industrial zone by special use permit. At the present time, churches are a special use in all residential and commercial zones. A survey indicates that of 36 churches in the city, 11 are in the R -1 zone, 14 in the R -2, 6 in the R -3, 4 in the C -2 and one in the M -1 zone. After due consideration, the Commission decided to set a public hearing on the request for the following reasons: 1. Historically, churches have• been built in just about any location that was available and /or suited to specific needs. 2. Under the Ordinance in effect prior to December of 1977, churches were permitted in the industrial as well as residential and commercial zones by special permit of the Board of Adjustment. 3. The proposal would provide flexibility and possible additional uses for vacant buildings. 4. By requiring a special use permit, such conditions as appropriateness of the site, compatibility with surrounding neighborhoods and availability of parking can be determined. A public hearing was held on April 17 following the notice and hearing procedures as described in 6- 4 -3(B) of the Caldwell Zoning Regulations. Testimony received as limited but favorable. It is hereby recommended by the Planning and Zoning Commission that the City Council proceed with a public hearing for adopting an amendment to 6 -2 -1: Table 1, Land Use Schedule, Zoning Code, to allow churches in the M -1 light industrial zone by special use permit. The Mayor then opened the Public Hearing and stated that one person had requested to speak to this request. Carlos Ferreira, 1523 South Kimball, was recognized by the Mayor and informed the City Council that he was present at the Hearing representing Grace Community Church. Mr. Ferreira then explained the reasons for the church and the request for the change to allow churches in the M -1 light industrial zone by special use permit. This tape is on file in the Office of the City Clerk for six months. Several questions were asked by the City Council. The location of this Church would be right behind the City Shops and next to Kent Trucking, Mrs. Robison informed the City Council that the Planning and Zoning Commission has granted the special use permit contingent upon the Council's action on the request. Councilwoman Mallea stated that she was not going to oppose this request, but she was against mixed zoning. She pointed out that the light industrial was there first and if they start bothering the meetings or children, the Church would be the intruder. The Mayor then closed the Public Hearing and asked for any other comments from the City Council, Councilwoman Mallea further said that since the discussion was to amend the Code, she would also like to have the phrase "other public and semi - public" taken out - of the Code. MOVED by Mallea to remove the phrase "Other public and semi - public" before this Ordinance was considered. SECONDED by Marcus. There was considerable discussion with regard to this motion. Mrs. Robison and Council felt that: it should be a separate action. Councilwoman Mallea with the approval of the second, Councilwoman Marcus withdrew the motion and then MOVED that the City Council direct the Planning and zoning to address this issue of removing that phrase at the nearest possible time. SECONDED by Councilwoman Marcus. Book 27 Page 91 The Mayor then asked for a roll call vote. Those voting yes: Mallea, Marcus, and Marmon. Those voting no: Raymond, J. Carter, and L. Carter. Absent and not voting: none. As the vote was a tie, the Mayor declared that he would vote yes. MOTION CARRIED The Mayor requested that Councilman J. Carter read Bill No. 12 by title only as follows: AN ORDINANCE AMENDING TITLE VI, CHAPTER 2, SECTION 6 -2--1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, TO ALLOW CHURCHES IN THE M -1 LIGHT INDUSTRIAL ZONE BY SPECIAL USE PERMIT; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by J. Carter, SECONDED by Marmon to suspend the rule requiring that a Bill be read at three separate times and that Bill No. 12 be read by title only for the one reading. Roll call vote. Those voting yea; J. Carter, L. Carter, Mallea, Marcus, Marmon, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by J. Carter, SECONDED by Marmon that Bill No. 12 be passed and entitled Ordinance No. 1727. Roll call vote. Those voting yes: J. Carter, L. Carter, Mallea, Marcus, Marmon, and Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FOR A WINE LICENSE - AMERICAN PETROLEUM) The Mayor read the following memo from the Police Chief: Bill Weivoda of American Petroleum has applied for a wine license. A criminal history checic has revealed no prior convictions which would preclude the issuance of this license. The Mayor informed the City Council that all was in order and he would ask for action from them at this time. MOVED by Mallea, SECONDED by L. Carter that approval be given for the issuance of the wine license to Bill Weivoda of American Petroleum as requested. MOTION CARRIED (REQUESTS TO BE EXCLUDED FROM THE CALDWELL MUNICIPAL IRRIGATION DISTRICT) The Mayor reported to the City Council that there was two requests to be excluded from the Irrigation System. A letter was received along with the necessary documents from -the County regarding petition for exclusion from Caldwell Municipal Irrigation District and Pioneer Irrigation District by Canyon County. The letter was as follows: Dear Mayor and Council Members: Pursuant to your adopted procedure for exclusion of parties from the Caldwell Municipal Irrigation District, please find enclosed the appropriate documentation and vouchers. Please place this matter on the agenda of the next regularly scheduled council Book 27 Page 92 meeting and notify me of that date. We would greatly appreciate the council's consideration of this matter. If you have any questions or comments regarding this matter, please contact me. The Mayor further stated that Mr. Breitsameter was present at this time and would like to address the City Council. Mr. Breitsameter, Deputy Prosecuting Attorney, was recognized and spoke briefly to the City Council with regard to this request. He introducted Walt Albert, Superintendent of the County, who also pointed out the various properties owned by the County that were under the irrigation system. It was their request that the City Council recommend to the Pioneer Irrigation District that they give the County's petition favorable action. It was explained that traditionally the requests were denied and forwarded to the Pioneer Irrigation District. The Mayor further said that he had talked with Commissioner Koch so he was aware of the action that the City Council would take. MOVED by Raymond, SECONDED by J. Carter that the request be denied and referred to Pioneer Irrigation District. MOTION CARRIED The other petition for exclusion of their lands from the Caldwell Municipal Irrigation System was submitted by Warren Properties Inc. All of the necessary documents were included describing the properties. MOVED by L. Carter, SECONDED by Marmon that the request be denied and referred to Pioneer Irrigation District. MOTION CARRIED (DEEDS TO THE ABE PROPERTY) Mr. Redmond, the City Engineer, that deeds were received for the two parcels on the Abe property back of the Treatment Plant. They were now ready for the City Council's acceptance. MOVED by Mallea, SECONDED by J. Carter that the Deeds as presented be accepted and that the City Clerk be instructed to record same. MOTION CARRIED (CLOSURE OF STREET BETWEEN SPRUCE AND BEECH) The Mayor stated that a gentleman named John Dickman, who lives on South Georgia, approached members of the City staff several times requesting a closure of a street. This area was South Georgia between Spruce and Beech. The petition he presented to the City Hall was misplaced. Several calls were made to him, but as yet no one has been able to contact Mr. Dickman to explain the loss. Mr. Redmond informed the Council that his Department has made a traffic count in the area to attempt to see how much the road was really used. Apparently, it was initially set up to be a secondary access to the Lasher Subdivision group. The five day average was 132 vehicles a day on the portion the closure was requested for. It was a gravel road,, narrow and was immediately adjacent to a Pioneer supply irrigation ditch. The City was granted right of way via a plat a number of years ago and the City does have right of way for a thirty foot half width. The problem is that the thirty foot half width that the City has is now occupied by the Pioneer Irrigation ditch. The physical location of the road itself appears to be on private property and has been for some time. It was not certain how long, but was at least seven years. There was a question as to whether the private property owners could close the road as there may be a right of use question. Book 27 Page 93 The City Council discussed this request for street closure at some length. It was then MOVED by Mallea, SECONDED by L. Carter that the City Council make a recommendation with regard to this request after consulting with the City Attorney. MOTION CARRIED (FINANCIAL STATEMENT) Councilman J. Carter reported that the Finance Committee reviewed all of the bills and they were ready for presentation to the Council. The accounts payable of May; $303,303.86, Payroll for April; $215,824.77 making a total of $519,128.63. MOVED by J. Carter, SECONDED by Marcus that the bills be paid as presented and the Requests for Payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman L. Carter stated that he attended the Stadium Board Meeting along with Councilwoman Mallea. They approved to seal coat certain area of the Complex this summer; the score board was installed. A committee was formed to establish a policy on the horse stalls. Councilwoman Mallea reported that she attended the Golf Board Meeting and their financial position is good. She also attended the Statute of Liberty re-dedication in the Park and she would certainly commend the three schools involved in restoring this statute. Councilwoman Mallea further said that she would also like to comment on how well the parks and the golf courses looked this spring. She would commend the Parks and Recreation Department for their work.. Councilwoman Marcus reminded the Council members of the Edmark Motors grand opening the next day at 3 :00 p.m. She also said that she attended a Stadium Meeting and a workshop on the possible irrigation L.I.D. Councilman Raymond stated that he would like to have a report at the next Council Meeting with regard to the Wally Byam Pre -Rally coming up in June. The Mayor assured Councilman Raymond that there would be a report at the next meeting. Councilman J. Carter reminded the Council that there was a meeting the next afternoon at 5:00 p.m. This was to be an open meeting for the purpose of discussing irrigation problems. He also stated that he put some information that he needed from them pertaining to the budget. He would request that the Council members return the answers to him by Friday. Councilman J. Carter informed the City Council that there was a request from the sub - tenant at the airport asking for the first right of refusal on the Light Aero building. If Light Aero does decide to break their lease, they would like to have the opportunity to lease that building. The request for Council action was from the Airport Commission. Councilwoman Mallea suggested that this item be discussed further in a business session as the Council was not aware of this request until this time. Councilman J. Carter further said there was some other matters regarding the airport that he would like to discuss with the City Council. (MAYOR'S COMMENTS) Book 27 Page 94 The Mayor informed the City Council that on Sunday, May 25th, at the College of Idaho, there will be a dedication for Blatchley Hall from 3:00 to 5:00. On Wednesday night several boxers will be in town to support the PAL Program. All Council members were invited to have dinner with them. Mayor Cowles also reported that there would be a Stadium Board meeting on May 28th from 11:00 a.m, to 2:00 p.m. at the Crookham Room of the second floor of the Library at the College of Idaho. Councilwoman Mallea stated that there was to be a Keith Stanwood Day on June 5th at Purple Sage. A scholarship would be funded. Mayor Cowles stated that about two weeks ago, the City Council addressed an issue on Hillcrest and Syringa regarding a request for an opening of an alley. It was the Mayor's request at this time that the City Council rescind the action taken two weeks ago. The purpose of this was to give the one property owner who objected to the opening a chance to present his feelings regarding the closure. MOVED by Marmon, SECONDED by Marcus that the motion made and passed at the last Regular City Council Meeting to open the alley between Hillcrest and Syringa be rescinded. The Mayor further explained this request stating that the City Attorney has advised the City Council to take this action. Councilman Marmon also spoke to the Council saying that the gentleman approached him expressing his displeasure at not being allowed to present his views. The Mayor then asked for a roll call vote. Those voting yes: Marmon, Mallea, and Marcus. Those voting no: Raymond, L. Carter, and J. Carter. Absent and not voting: none. As the vote was a tie, the Mayor stated that he would vote yes allowing the motion to carry. MOTION CARRIED It was then MOVED by Raymond, SECONDED by L. Carter that all other residents adjacent to that alley in question be notified of the meeting and invited to attend. MOTION CARRIED There being no further business, the meeting was adjourned at 9:45 p.m. written 2nd APPROVED AS June , 1986. THIS Mayor Court i perso Councilperson ncilpeson „ f Oounc i er mz� Councilperson un6i eks6n ATTEST: DAY OF City Clerks