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HomeMy WebLinkAbout1993-07-06city council minutesBook 34 REGULAR MEETING July 6, 1993 7:30 p.m. The meeting was called to order by Mayor Pro Tem Raymond. Mayor Pro Tem 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, Ozuna, Nancolas, Simmons, Carpenter, and Houchins. Absent: none. (DELETIONS AND ADDITIONS TO THE AGENDA) Page 134 The Mayor Pro Tem informed Council that he would request one addition to the prepared Agenda to he considered under the Consent Calendar. The addition was an easement to Idaho Power to install overhead power for RV hookups for the Fair Grounds. CONSENT CALENDAR The following items on the Consent Calendar were presented by the Mayor Pro Tem: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of June 21, 1993, and approve as written; 2. Accept the minutes of the Caldwell Golf Board Meeting of June 9, 1993, and the Caldwell Senior Citizens - Center Commission Meeting of June 21, 1993; 3. Accept a right of way deed from Jack Winters £or the south half of Joliet Street between 4th Avenue and Third Avenue; 4. Approve an easement to Idaho Power for the purpose of installing overhead power for RV hookups at the Fair Grounds. MOVED by Houchins, SECONDED by Carpenter to accept the Consent Calendar as amended with the addition. Roll call vote_ Those voting yes: Houchins, Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 21 TO CREATE LOCAL IMPROVEMENT DISTRICT 93 -2) The Mayor Pro Tem read Bill No. 21 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 93 -2 FOR CALDWELL, IDAHO, FOR THE CONSTRUCTION OF ASPHALT PAVING OF GRAVEL STREETS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. Book 34 Page 135 The Mayor Pro Tem declared this to be the second reading of Bill No. 21. (SECOND READING OF BILL NO. 18 - ZONE CHANGE AT MEADOW AND AIRPORT) Mayor Pro Tem read Bill No. 18 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO FROM COUNTY R -1 TO R -1 (SINGLE FAMILY RESIDENTIAL); DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTI14G THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS R-1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. The Mayor Pro Tem declared this to be the second reading of Bill No. 18. (SECOND READING OF BILL NO. 16 - ANNEXATION OF PROPERTY AT MEADOW AND AIRPORT) Mayor Pro Tem read Bill No. 16 by title only as follcvas: 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 PETITIONED THAT SAID LAND BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT; 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 AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE ,STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE, SECTION 63 -2219. Mayor Pro Tem declared this to be the second .reading of Bill No. 16. NEW BUSINESS (DIRECTION ON IRRIGATION PEES) The Mayor Pro Tem explained that this item was concerning whe�.her the City of Caldwell properties within the Irrigation Lateral District should consider withdrawing from the District. Out of the twenty -eight properties owned by the City, only two had any potential of using the water in the future. The financial impact in paying the assessments was $9,967.39. Councilwoman Carpenter stated that most of these properties were asphalted, the chances of needing the i.7.- rigation water in the future was very slim, and they were facing a tight budget year. With these factors, she was definitely in favor of taking steps to withdraw all of the City properties with the exception of the two where there was a possibility of using water in the future. Book 34 MOVED by Carpenter, SECONDED by Ozuna that the City proceed to withdraw all City properties from the Caldwell Lateral Irrigation District with the exception of the two on which use is possible in the future. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED Page 136 (PUBLIC HEARING ON PROPOSED SEWER USE ORDINANCE REGULATING WASTEWATER DISCHARGES INTO THE CALDWELL PUBLIC SEWER SYSTEM) The next item on the Agenda was a public hearing on the proposed sewer use ordinance to regulate wastewater discharges into the Caldwell public sewer system. The Mayor Pro Tem explained that some changes have been required in the ordinance which was a lengthy document. The changes involved making the legal language exact and correct as possible. This ordinance has a direct impact on one of Caldwell's major industries. They were not represented at this time since they were waiting for the corrected ordinance to be finalized. However, the hearing was advertised so testimony will be allowed for those who have signed up to speak. It was recommended that Council continue the public hearing until the next Regular City Council Meeting. The Mayor Pro Tem opened the public hearing. Since there was no one signed to testify, he asked for direction from the City Council. MOVED by Carpenter, SECONDED by Simmons to continue the public hearing on this matter until the next Regular City Council Meeting. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION AUTHORIZING RATIFICATION OF FIRE UNION CONTRACT) Councilwoman Carpenter, a member of the Negotiating Committee, was recognized and asked to give a brief explanation of the negotiations with the firefighters. Councilwoman Carpenter stated that the members of the Council received a memo in their packet listing the final conditions under which the contract was settled with the firefighters. The bargaining was completed within the thirty day period. The summary of the conditions included a cost of living raise of 2% a year over the next two budget years; salary adjustments in the average range of 3.750 a year to bring them closer to the Valley averages; uniform allowance increase of $125 a year; pay period goes from twenty -seven days to twenty - eight days; some minor wording changes that clarify the contract; and agreement to reopen the contract next year upon their request to vacation /personal leave possibility. The entire cost of the package falls at 12'-. which is .01 above the limit Council set of 11.90. Councilman Houchins commented that two years ago at the conclusion of negotiations, the Council made a commitment to the Fire Department that every effort would be made this year to get their wages in line with the surrounding communities. He felt that the Negotiating Committee did a good job this year in dealing with the expectations set Book 34 forth by Council. It was his recommendation that the contract be accepted. Councilman Nancolas commented that one of the concerns of the Council raised before the necctiations started was to make sure that there wasn't a tax increase involved to the citizens of Caldwell. This proposal does not require a tax increase in any way and 3 7 t fits well within the budget outlined for the ent_re City. Pagc 137 The Mayor Pro Tem expressed his concern over the increase and stated that he was not sure the taxpayers would view this as a positive step. Since he was out of town during the negotiation process and missed the conversation leading to this point, he was surprised to see nearly a twelve percent increase over the next two years. He did recognize that Caldwell needs to give consideration to the salaries in the surrounding area and appreciated the fact that there was not an increase in taxes. The Resolution was presented by the Mayor Pro Tem as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #1821. BE If RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain contract agreement attached hereto and made a part hereof as if set forth in full by and between the Cite of Caldwell and the International Association of Firefighters, Local #1821_ MOVED by Carpenter, SECONDED by Nancolas that the Resolution be passed as presented. Poll call vote. Those voting yes: Carpenter, Houchins, ozuna, \anCOlaS, and Simmons. Those abstaining: Raymond. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINAL PLAT FOR INDUSTRIAL SI'T`E NO. 'B) The Planning and Zoning Director, Dennis Crooks, presented the background information on this item. Mr. Crooks stated that the Planning and Zoning Commission at its meeting of June 17, 1993, recommended an approval of the Preliminary Plat and also of a companion variance request from the City Subdivision Ordinance to waive sewer service extension to a number of the lots associated to this particular plat. The Commission's approval, particularly of the variance, was based on the history associated with this plat. The plat was originally approved without sewer service extension with the understanding that all of the lots would be served by septic tank systems. Also, sewer was brought into this particular subdivision by a federal grant and consequently, sewer line extension was not available to be extended to every corner of 'i::he subdivision. Further, when the sewer was put in a number of years ago, there was presence of rock and unusual soil conditions encountered as a physical hardship. Since that item was reviewed by the Planning Commission, the City Engineering Department has asked that an additional condition be placed on the project at the 4 nal plat stage. This condition was included in the memorandum to the City Council and read as follows: Book 34 "That as a condition of granting the variance, the subdivider shall enter into an agreement with the City deferring improvements for the extension of sewer lines to serve Lots 1, 2, and 3 and that said agreement shall constitute a petition to form a Local Improvement District to construct said improvements at a future date to be designated by the City." Mayor Pro Tem Raymond asked if the applicant would care to address the City Council with regard to the request. Orville Collins, 1703 Washington, was recognized and informed Council that the requirements have been met including platting into the three different lots and etc. In addition to the physical hardship, he contacted a plumbing firm and found that there was a large financial hardship involved for small businesses locating there. With easy digging, the normal fee was twenty -five dollars a foot which includes installing an eight inch line. With the conditions of the soil, it could go up as high as thirty -seven dollars per square foot not including any problems with lava rock. If this was leveled off at thirty -five dollars a foot and it was about a thousand feet from where the sewer line comes into the property to the farthest point to connect, it would cost about $35,000. Even split three ways and with other costs required, the cost would be high.. Therefore, he would like for the Council to take this into consideration as well as the fact that all suggested terms and conditions were complied with in a responsive manner. MOVED by Houchins that we accept the recommendation of the Planning and Zoning Commission with the one through five stipulations involved on this piece of property as everything is covered under that so that there is only two lots involved instead of the original three so that it is big enough to accommodate a sewer system and as long as this is given final approval by the Southwest Health Department. The motion died due to a lack of a second. Councilwoman Carpenter asked for clarification. Would this mean that Lot No. 4 could be developed with septic? Councilman Houchins stated that it could not. It would have to be tied to the City sewer. The waiver would not include the 4th lot. The Planning and Zoning Director explained that condition No. 5 of the Planning and Zoning Commission calls out the remaining portion of Lot 1, Block 1, Industrial Site No, 5. This has been renumbered as Lot No. 4 on the final plat. This was the larger lot at the southern edge of the subdivision. That has now been incorporated into the plat and is subject to the condition or the requirement of having to hook up to City sewer. Councilman Houchins said that his motion was involving Lot 2 and 3 only with all five stipulations included that were recommended by Planning and Zoning. Councilman Nancolas stated that he was still not sure of the intent of the motion. Councilman Houchins stated that it was that Council take the recommendation of the Planning and Zoning Commission_ Page 138 Councilman Nancolas asked Councilman Houchins if he was specifying Lots 2 and 3 which means that Lot 4 would have to go under City sewer and the two middle lots could be on septic. Book 34 Councilman Houchins further stated that Lot 4, the large piece, would have to go on City sewer. By making two lots instead of three, they now have room enough for both lots to have a correctly installed septic system. Councilman Nancolas asked Mr. Collins if it was reasonable that if at any time the Health Department would stipulate that Lots 2 and 3 were a health hazard or whatever, at that time there would be an L.I.D. to hook onto the sewer. Mr. Collins stated that this was right. Page 139 MCVED by Eouchins, SECONDED by Nancolas to accept the final plat and the variances as recommended to the City Council by the Planning and Zoning Commission. Roll call vote. Those voting yes: Houchins, Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FOR AIN EXECUTIVE SESSION) MOVED by Carpenter, SECONDED by Houchins that pursuant to Idaho State Code, Section 67- 234 -3, an Executive Session be called to convene immediately following the Regular City Council Meeting for the purpose of discussing possible litigation. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION TO ADOPT REGIONAL TRANSPORTATION PLANNING ORGANIZATION) Before presenting the Resolution to adopt the Regional Transportation Planning Organization, the Mayor Pro Tom stated that he would like to review the last paragraph of the Resolution. This states that, "Furthermore, the City of Caldwell is willing to support this planning effort and will favorably consider the contribution of 2.5< of its annual Rural and Urban STP funds and requests that .TD also contract for state -w=ide planning elements 2 through 13 to the RTPO as outlined in attachment " A " . His question was whether this was a commitment of funds. The Administrative /Personnel Officer answered that it was not. It was saying that Council tentatively agrees with the concept and that you will consider the contribution of the funds in a favorable light at the time the decision has to be made. It could be several months or a year before this type of organization can be formed if it is at a.11- Councilwoman Carpenter stated that this was discussed during a work session. The Council agreed that they were interested in 1-coking at this, but were not comfortable in giving a "green light" at this point. Further, she thought that Ida -Cre needed. the City's support to proceed with study. It was her suggestion that the word "favorably" he deleted. Other members of the City Council discussed this recommendation and agreed to amending the Resolution. The Resolution as presented was read by the Mayor Pro Tom as follows: Book 34 WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 requires the Idaho Transportation Department (ITD) to take into consideration "the transportation needs of non - metropolitan areas through a process that includes consultation with local elected officials with jurisdiction over transportation ": and WHEREAS, the City of Caldwell has an interest in planned local road and transportation system development to meet the economic and other social needs of the City; and WHEREAS, Ida -Ore's Board of Directors has representation from all ten (10) Counties in Southwest Idaho_ NOW, THEREFORE, the City of Caldwell does hereby encourage designate Ida -Ore as its Regional Transportation Planning Organization and requests that Idaho Department of Transportation to designate Ida -Ore as the RTPO for Southwest Idaho; and FURTHERMORE, the City of Caldwell is willing to support this planning effort and will favorably consider the contribution of 2.50 of its annual Rural and Urban STP funds and requests that ITD also contract for state wide planning elements 2 through 13 to the RTPO as outlined in attachment "A" MOVED by Nancolas, SECONDED by Carpenter to amend the Resolution and strike favorably in the last paragraph to read: " - - this planning effort and will consider the contribution Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, Raymond, and Ozuna. Those voting no: none. Absent and not voting: none_ MOTION CARRIED MOVED by Nancolas, SECONDED by Carpenter that the Resolution be passed as amended. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, Raymond, and Ozuna. Those voting no: none. Absent and not voting: none. Page 140 (CONSIDERATION OF MEMORANDUM AGREEMENT BETWEEN THE CITY OF CALDWELL AND BOB JARBOE FOR GRANT ADMINISTRATION) The Mayor Pro Tem advised Council that subsequent to conversation in Pre - Council, the Police Department was notified and they were aware of the contemplated change. Since this was clarified and Council has reviewed the memorandum from Mr. Jarboe, it would be appropriate for Council to make a simple motion as to whether they support this agreement or not. Councilman Nancolas stated that a great deal of good has come from the Juvenile Assistance Center. Inasmuch as the five year has been shortened to a three year plan, he thought this agreement would be a help to Mr. Jarboe to accomplish his goals. MOVED by Nancolas, SECONDED by Simmons that the City accept the Memorandum of Agreement between the City of Caldwell and Bob Jarboe for grant: administration. Book 34 Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, Raymond, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED ('FINANCIAL REPOT) Page 141 Councilwoman Carpenter reported that the Finance Committee has reviewed and approved current accounts payable in the amount of $273,038.72 and a payroll of $183,781.35 for the period ended. June 30, 1993. MOVED by Carpenter, SECONDED by Ozuna that accounts payable in the amount of $273,038.72 represented by checks number 31699 through 31958 and a payroll for the amount of $183,781.35 represented by checks number 44027 through 44241 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED (AUDIENCE PARTICIPATION) Since there was no one from the audience who cared to address the City Council, the Mayor Pro Tem continued with the Agenda. (COBIITTEE REPORTS) There was no reports from the Members of the City Council. (MAYOR'S C01aAENTS ) The Mayor Pro Tem reported that he had no reports. (ADJOURNMENT) MOVED by Houchins, SECONDED by Simmons that since there was no further business, the Regular_ City Council Meeting he adjourned at 8:15 p.m. and the City Council members convene into an Executive Session which was adjourned at 9:00 p.-,,. Roll call vote. Those voting yes: Houchins, Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: none. APPROVED AS City .,, -; r r A„ MOTION CARRIED THIS 19th DAY OF July , 1993'