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HomeMy WebLinkAbout1991-05-20city council minutesBook 32 -EGULAR MEETING M 20, 1991. 7.30 p.m, The meeting was called to order by Mayor Dakan. Paoc 78 The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was cal led with the following members present: Na.c.olas, Murdoch, Jarboe, Raymond, and Valdez. Absent.- Houch.ins. ( ADDST 0NS TO THE AGENDA) The Mayor stated that he had a couple of additions to make to the prepared Agenda. The first would be considered as Number Ono under Old Business which was a presentation or report by Lea?ership Caldwell. The other was consideration of an addition to tle contract witin Special Resource Management for the former Precision Flight site clean up. This would be presented under .�Cew Business f0'.7_owing the Airport Land Lease wi-h Dick (:ravill_.. CONSENT CALENDAR The Mayor presented the following items under the Consent Ca.7_andar 1. Dispense with the reading of the minutes of the Regular City Council Meeting of May 5, 1991, and approve them as written; 2. Accept the nei_nutes of the vario =us Boards and Commissions including the Caldwell Senior Citizens Commission Meeting of April 15, 1991; the Airport Commission meeting of May 2, 1991; the Caldwell Public Library Board Meeting of May 2, 39:7_; and 'the Caldwell Events Center Advisory Board Meeting ^,f March 13, 1397_; Z Approve Catering 'Permits for Northwest Food Service to cater at the College of Idaho on May lath and May 31st, and the Sundw ner to cater at Trol Icy Square on Juno 22nd for the Par7a Class Reunior and on June 29t1 for the Wilder Class Reunion -.. all permits approved by the Chief of Police; 4. two bids ware received for projects identified as water bid 1991 -1(C), Projects A and B. The results are as £ollovs: Construction estimate for both projects was $108,000 which includes asphalt repair to be done under separate contract upon completion of construction. Asphalt is estimated at $24,000. Recommendation was for approval of bid award to low bidder, Irminger Construction for both projects in the an°,ount of 036,92C.00. MOVED by Nancolas, SECONDED by Murdoch that the Consent Calendar_ as presented by Mayor ;e approved. Ro -,1 call vote. Those ,noting yes: Nancolas, Murdoch, Jarbco, Raymond, and Valdez. Those voting no: none. Absent and na voting: Houchias. MOTION CARRIED OLD BUSINESS (PRESENTATION BY LEADERSHIP CALDWELLj Mayor_ Daka.n asked if - there was someone in the audience Project A Project D Total Irminger Const S 48,510 S 38,410 $ a6,920 Bose Brown Const III A60 S0910 200, 370 Caldwell Construction estimate for both projects was $108,000 which includes asphalt repair to be done under separate contract upon completion of construction. Asphalt is estimated at $24,000. Recommendation was for approval of bid award to low bidder, Irminger Construction for both projects in the an°,ount of 036,92C.00. MOVED by Nancolas, SECONDED by Murdoch that the Consent Calendar_ as presented by Mayor ;e approved. Ro -,1 call vote. Those ,noting yes: Nancolas, Murdoch, Jarbco, Raymond, and Valdez. Those voting no: none. Absent and na voting: Houchias. MOTION CARRIED OLD BUSINESS (PRESENTATION BY LEADERSHIP CALDWELLj Mayor_ Daka.n asked if - there was someone in the audience Book 32 Page 79 representing Leadership Caldwell who planned to make their presentation at this time. George Grant, the Principal of Wilson School, was recognized by the Mayor. Mr. Grant expressed concern about the needs of a group of young people in Caldwell; particularly the Hispanic boys. He asked the Council and Mayor if the former King of Clubs building was available to be used in conjunction with the schools to have special projects for the youth. Mr. Grant explained further how much this type of facility was needed in the community. Mayor Dakan stated that the City hoped to have total control of that particular building by now. In meeting with the City Attorney, he assured the City that they had partial ownership now and can take possession. The building will be turned over for the Police Athletic League Program. The City was also looking at another piece of property on Kimdall for another program which would be more of a social activity. The Mayor thanked the group for sharing their concerns and emphasized that the City was in agreement with them. The Council Members discussed this issue at some length with Mr. Grant. (THIRD READING OF BILL NO. 10 - AMEND CITY CODE PERTAINING TO CURFEW) The Mayor read Bill No. 10 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AMENDING TITLE NINE, CHAPTER 11, OF THE CITY CODE OF CALDWELL, IDAHO, BY THE REPEAL OF SECTIONS 9 -11 -1 THROUGH 9 -11 -3; AND FURTHER AMENDING - SAID TITLE BY THE ADDITION OF NEW SECTIONS 9 -11-1 THROUGH 9 -11 -4 TO PROVIDE FOR A STATEMENT OF PURPOSE; DECLARING IT UNLAWFUL FOR ANY CHILD BEING AN INDIVIDUAL WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE TO BE UPON ANY STREET, HIGHWAY, ROAD, ALLEY, PARK, PLAYGROUND, OR OTHER PUBLIC GROUNDS, PUBLIC PLACES, OR BUILDING, OR PLACES OF AMUSEMENT, EATING ;ESTABLISHMENTS, VACANT LOTS AND /OR ANY OTHER PLACE WITHOUT BEING ACCOMPANIED BY AN ADULT HAVING CUSTODIAL RIGHTS OR AN ADULT PERSON DESIGNATED BY THE ADULT HAVING CUSTODIAL RIGHTS OF SAID CHILD BETWEEN THE HOURS OF 12:00 MIDNIGHT UNTIL 6:00 A.M. OF THE FOLLOWING DAY; MAKING IT UNLAWFUL FOR THE PARENT, GUARDIAN, OR OTHER PERSON HAVING LEGAL CUSTODY OF A CHILD OR ANY ADULT PERSON DESIGNATED BY THE PERSON HAVING LEGAL CUSTODY OF A CHILD UNDER THE AGE OF EIGHTEEN (I8) YEARS TO PERMIT AND /OR ALLOW SAID CHILD TO BE UPON ANY PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS, PARKS, PLAYGROUNDS, OR OTHER PUBLIC GROUNDS, PLACES, BUILDINGS, PLACES OF AMUSEMENT, EATING PLACES, VACANT LOTS, OR OTHER LOCATIONS WITHOUT HAVING DESIGNATED AN ADULT PERSON OR SAID PARENT„ GUARDIAN, OR OTHER LEGAL CUSTODIAN TO BE WITH AND SUPERVISING SAID CHILD BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 6 :00 A.M. OF THE FOLLOWING DAY; AND DECLARING A VIOLATION OF THE ORDINANCE TO BE A MISDEMEANOR AND PROVIDING PUNISHMENT. The Mayor further commented that this time was set aside for any input the public would care to make. Since there was no one, the Mayor explained that this Bill was based on a similar Ordinance out of Atlanta, Georgia, and others in the Country. The Police Department along with the Prosecuting Attorney's Office prepared this Bill with the hope of establishing better control of the young people on the streets at night. The family simply has to take some responsibility for the actions of their children and this will provide a better way to negotiate with the parents. MOVED by Jarboe, SECONDED by Nancolas to suspend the rule requiring that a bill be read in. full for one reading and that Bill No. 10 be passed and entitled Ordinance No. 1900 Book 32 after to ee readings by title only. Page 80 Rotl call vote. !hose voting yes,' Jarboe, Raymond, Valdez, Nancolas, and Murdoch. Those voting no: none. Atsent and not voting: Houchins. MOTION CARRIED (THIRD READING OF BILL NO. 5 - AMEND CODE REGARDING FENCES, WALLS, AND :SEDGES) At the rea of the Mayor., the -fanning and Zoning Director reminded Council that the third and final reading of this Bill was deferred in order to assess the appropriateness or inappropriateness of the use of concertina wire in comnercial zoning districts. The proposed ordinance woulco permit use of concertina wire within industrial zones and also, the use of bars ^ad wire within commercial districts. Hlcwever, - the use of concertina wire in commercial districts is questionable due to the public expos=s and the proximity to residential neighborhoods and zoning districts. The visual image of such a nateria_ may offset any associated security benefits. Use of concertina wire that is internalized and constructed at a level below the height of the exterior fence would not appear to be o;D7ectionable. Mr. Crcol�s further staged that he -could recommend continuing wit'n the third reading at this time Mayor Dakan read Bill No. 5 by title only as Follows: AN ORDINANCE TO AMEND TITLE. VI, CHAPTER 3, SECTION (D) (3) (W THROUGH SECTION (D) (3) (d) OF THE 14UNICIPAL CODE OF THE CITY OF CALDInjELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO THE INSTALLATION AND MAINTENANCE OF FENCES, WAL:' S AND HEDGES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS TKEREOF IN CONFLICT HEREWITH. MOVED by Nancelas, SECONDED by Valdez to suspend the rule requiring that a bill be read in full !or one reading and that Bill No. 5 be passed and entitled Ordinance No. 1595 after three readings by title only. Roll call vots. Those voting yes. Nancolas, Murdoch, 0a.rboe, Raymond, and Valdez. Those voting no: none. A, :)sent and not voting: Houchins. MOTION CARRIED ( BILL NO. 13 - VACATION OF :FIRST AVEb'iJE NORTH OF PLYMOUTH) Mayo-_ Dakan -_ead Bill No. 13 by title only as follo� AN ORDINANCE RECIT: =NG PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFORE WAS GIVEN; DETERMINING THAT VACATION OF S'PREETS IN THE PLAT OF GOLDEN GATE ADDITION, IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SISt?LL BE MADE; AND DETERMINING TENT VACATION OF SAID FOLL01 ^SING STREETS IS IN THE REST PUBLIC INTEREST FOR THE CITY OF CALiDWE.LL, CANYON COUNTY, IDAHO. Vacation of a. portion of the right -of -way of First Avenue north. of Plymouth Avenue between siock 88 and Block 89, G=olden Gate Addition. Mr. 'rooks, the Planning and Zoning Director, informed the City Council Members that the recommendation would be to consider this the firs t reading. They were still trying to finalize the extent of the easement Mr. Hardy is willingly going to grant to the City for pedestrian access back up to Rim View Drive. The Engineering Department needed to take precise measurements to know exactly what the City needs, This gill does reflect the decision of the Council which Book 32 Page 81 occurred two weeks ago. However, they would still recommend first reading at this time. Hopefully, all items will be concluded by the next meeting. The Mayor declared that this would be considered the first reading of Bill No. 13. NEW BUSINESS (RESOLUTION FOR THE LEASE /PURCHASE AGREEMENT WITH WEST ONE FOR THE NEW FIRE TRUCK) Mayor Dakan explained that this Agreement was the same one acted on in a previous meeting. Authorization was needed at this time to proceed with the execution of the lease with West One Bank. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE /PURCHASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND WEST ONE BANK. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Lease /Purchase Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and West One Bank for the purpose of purchasing a new fire truck for the City of Caldwell MOVED by Raymond, SECONDED by Valdez that the Resolution be passed authorizing the execution of the Lease /Purchase Agreement with West One Bank for the fire truck. Roll call vote. Those voting yes: Raymond, Valdez, Nancolas, Murdoch, and Jarboe_ Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (REQUEST FOR A TRANSFER OF BEER LICENSE - STEVE'S V -1 LOCATED AT 824 SIMPLOT BOULEVARD) A request for a transfer of beer license was received from Steven Frei doing business as Steve's V -1 located at 824 Simplot Boulevard. This was formally known as CC Store. The Chief of Police submitted his letter stating that a history check reveals nothing that would preclude issuance of this license. MOVED by Nancolas, SECONDED by Murdoch that approval be given for the transfer of a beer license requested by Steven Frei dba Steve's V -1. Roll call vote. Those voting yes: Nancolas, Murdoch, Jarboe, Raymond, and Valdez. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (RESOLUTION - AGREEMENT PERTAINING TO DIGLINE, INC) The following Resolution was read by the Mayor. RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND DIGLINE, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Agreement attached hereto and made a part hereof as if set forth in ful l by and between the City of Caldwell and Digline, Book 32 Page 82 incorporated, for the purpose of one call line locating. MOVED by Jarboe, SECONDED by Raymond to approve the Resolution authorizing the execution of an Agreement with Digline, Inc. for the purpose of one cal. line locating. Roll call vote. Those voting yes: Jarboe, Raymond, Valdez, Nancolas, and Murdoch. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (RESOLUTION - ACTING PAY POTICY) the Mayor's request, thc Offioer, Mrs. Ottens, presented a brief background report on this item Mrs. Ottens informal Council that the City has had long standing policies on the payment of "acting" wages for Police and Fire. This is wAsn an employee must act in his /her supervisor's role due to the absence of the supervisor. in all cases, this is only activated when a supervisor has a longer than normal absence, usually due to illness or inj ury. Besides Police and Fire, we have had an erratic history of fairly applying acting pay in these circumstances. This has led - tc many questions and some discontent. In response, we wise to adopt a policy to be applied fairly across all department lines. That policy is before you at this time. Ncte that it does exempt those circumstances when lung per- of comp time are ta.'�en in "off" periods since this is norma! in some departments such as irrigation, Parks, and Streets- These off periods do not require a supervisor to be present at all times. The Acting Pay Policy was as follows: It shall be the City of Caldwell's intention to fairly componsate employens for the work they perform. In cases where an employee is required to act in the capacity of a Supervisor or Department Head (which is not part of his/her ordinary di-itias) for a period longer than ten (10) consecuti working days, they shall receive the pay of that rank for the time period that they assume those responsibilities starting on the 12-th working day. This shall not apply - ,inder the normal nwrking circumstances of Departments that routinely take off long periods of earned compensatory time during slow periods. All such appointments must be made in writing by the Department Heaf, and ap,,- by the Mayor. The Resolution - was rep:.. by the Mayor as follc:as BE IT RESOLVED That the attached Acting Pay Policy be hereby adopted by the City Council, City of Caldwell, Idaho, and included as an addition to the City Policy Manual to be effectve this date, May 20, - MCVED by Raymond, SECONDED by Jarboe that the Resolution be passed authorizing the adoption of the Acting Pay Policy. Roll call vote, Those voting yes: Raymond, Valdez, Nancolas, Murdoch, an? Jarboe- Those voting no: none. Absent and not voting. 'Fouchins. MOTION CARRIED ( RESOLUTION - AIRPORT LAND LEASE WITH DICK GRAVILLE) Mayor Dakan informed Council that the next item for consideration was a request from Mr. Dick Graville to lease Lots 18 and 17 at the Airport to construct a hangar and operate his aerial photography business. In order to get the most desirable teri from the ban]-c, he needs a lease approval Book 32 Page 83 before May 31st. Mr. Graville has provided a plan of his proposed building location and is willing to commit to constructing it this calendar year provided sewer and parking facilities are available. His proposal was approved by the Airport Commission. The provisions of the Lease include: 1) Forty year term with forty year renewal. Renewal under same terms except the rent would be renegotiated. 2) Rent adjusted every seven years in accordance with the C.P.I. (maximum increase each period of 10$) 3) May use premises to act as Fixed Base Operator. All categories (wants this for future diversification or expansion). 4) Cannot sublease without written consent of Lessor (City). Consent shall not be unreasonably withheld. 5) Liability Insurance irL accordance with Airport Minimum Standards - $500,000 minimum. 6) Hangar construction to be completed by December 31, 1991, provided sewer and parking facilities are available. If sewer and parking are in place and Lessee does not complete construction, except for reasons beyond his control, the lease will be terminated December 31, 1991. If the City does not provide sewer and parking by December 31, 1991, the lease will be renegotiated with Mr. Graville having first option on the specified lots As Mr. Graville is ready to commit to immediate development of the lots, it would be appropriate to approve this Agreement pursuant to the incorporation of the appropriate clauses by the City Attorney. The Mayor presented the following Resolution: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT LAND LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND DICK GRAVILLE. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Airport Land Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Dick Graville. Councilman Raymond stated that this was a welcome addition to the Airport and the Commission was supporting the project. He did have some concerns regarding the forty year extension on the Lease. MOVED by Raymond, SECONDED by Murdoch that the Resolution be passed authorizing the acceptance of the Lease Agreement and the Mayor be authorized to negotiate a forty year lease and any time above that to be negotiated with the Mayor. Roll call vote. Those voting yes: Raymond, Valdez, Nancolas, Murdoch, and Jarboe. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (ADDITION TO THE ORIGINAL CONTRACT WITH SPECIAL RESOURCE MANAGEMENT) Mayor Dakan presented the informational memo prepared by the Airport Manager as follows: This is an addition to the original contract with Special Resource Management: dated April 2, 1990. The original contract covered characterization of the site; this addition covers actual clean up. The State Hazardous Materials Bureau has approved the proposed clean up plan and will provide $10,000 toward the clean up. The Idaho Army Guard will provide back filling and Book 32 Page $4" ieveling and may provide transportation of the material to 2 S.I. Estima cost figures are: Estimated Cost 15 Contiraencv Total State Share -- City Share if Guard hauls to E.S.I. - *City Share *Frog:- capital. improvements S 23,146.14 3,471-92 26,618.06 - 10,000.00 16,61.8.06 3,000.00 (estimate) 13,618.06 Ae Mayor further commented that through a lot of hard work an! effort by the City Engineer and the Airport Manager and other members of the Staff the cost of the clean up was lowered considerably from the first estimate. The testing will continue, however, to be :pure all of it is cleaned up. Action from the Council at this time would be authorization to ,say the City's share of the cost which would be between $13,618 and $16,618 depending on the negotiation for transportation by the National Guard. MOVED by Nancolas, SECONDED by Raymond to authorize the City's share of the cost and to approve the addition to the contract with Special Resource Management for the forms. Precision klic.t site clean up. Councilman Murdoch askec:L if the present leases were organized in such a way that they have the insurance to idemnify the City from cleaning up their :Hess. Mr. 0lson commented that this has been discussed extensively by the Airport Commission. The E.P.A . will not say exactly what should be in the ground to preciude this happening again. The insurance companies are very reluctant to provide insurance against this sort of thing. When the Commission has been approached about bringing another spray business to the Airport, they hove been told that the area was basically contaminated and another area was not being opened. However, they were not shutting down the possibility. If they have a definite interest, they must show the City :how they are going to preclude this happening, or how they plan to contain it if - .here zs a spill or present to the City insurance or a bond that is satisfactory to the City. Mr. Olson further stated that the building was being leased out there now on a month to month basis for storage. The other ?ease was erminat =d some time ago. Rolm call vote. Those voting yes: Nancolas, Murdoch, Jarboe, Raymond, and Valdez. Those voting no: none. Absent and not voting. Houch.i ns. MOTION CURRIED (REQUEST YOR AN EXECUTIVE SESSION) Mayor Da an requested tnot an Executive Session be authorized to be held immediately following the adjournment of the Regular Meeting for the purpose of discussing personnel. MOVED by Murdoch, SECWDED by Valdez that pursuant to Idaho State Code, Section 67 -2343, an Executive Session be au for the purpose of discussing personnel immede.iately following the adjournment of the Regular City Council Meeting. Roll call vote. Those voting yes: Murdoch, Jarboe, Raymond, 'Valdez, and Nancolas. Those voting no: none. Absent and not voting: Houchins. Book 32 MOTION CARRIED Page 85 (FINANCIAL REPORT) Councilman Murdoch reported that there was currently accounts payable in the amount of $413,494.57 and a payroll of $159,517.07 for the two weeks ended May 17, 1991. MOVED by Murdoch, SECONDED by Nancolas that the accounts payable in the amount of $413,494.57 represented by checks number 19925 through 20084 and a payroll for the amount of $159,517.07 represented by checks number 32845 through 33057 be accepted. the bills paid, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes„ Murdoch, Jarboe, Raymond, Valdez, and Nancolas. Those voting no: none. Absent and not voting: Houchins. MOTION CARRIED (AUDIENCE PARTICIPATION) John Tegge was recognized by the Mayor. Mr. Tegge reported that the response for paving Fillmore was overwhelming and the petition was turned over to the Clerk. (COMMITTEE REPORTS) Councilman Jarboe reported on a number of items including the success of Cinco de Mayo, the Fundraiser at Purple Sage Golf Course, Boise Cascade Training Session regarding substance abuse in the working place, Law Enforcement Recognition Banquet, the Eleventh Annual Ride for Life, and the Leadership Caldwell Session. (MAYOR'S COMMENTS) The Mayor informed the City Council that Councilman Houchins's Mother passed away and he would back in the middle west for about a month. He also stated that he would be out of town for the next Council Meeting and would ask that the Council President conduct that meeting. (ADJOURNMENT) MOVED by Nancolas, SECONDED by Valdez that since there was no further business, the Meeting be adjourned at 8:27 p.m. and Council convene into an Executive Session. APPROVED AS written THIS 3rd DAY OF June 1991. Co a Councilman Coiirlci.lman Councilman ATTEST: City Clerk -,'