Loading...
HomeMy WebLinkAbout1987-08-17city council minutesBook 28 REGULAR MEETING August 17, 1987 7:30 p.m. The Meeting was called to order by Mayor Pete Cowles. Page 122 The Mayor requested that a Boy Scout: attending the meeting lead the City Council and the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Mallea, Winder, Straight, and Carter. Absent: Jarboe and Raymond. (APPROVAL OF MINUTES) It was MOVED by Mallea, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of August 3, 1987, and approve them as written. Councilman Winder pointed out that the name MacKenzie was not spelled correctly in the minutes. The City Clerk noted this and stated that the proper correction would be made. MOTION CARRIED (,AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council at this time. Alta E. Williams was recognized and informed Council that she was present as a representative of the Library. Nancy Kobe, Chairman of the Library Board, requested that she attend the meeting to inquire as to when the budget meetings would be held. Councilman Winder stated that there would be a budget meeting at noon on August 31st. This meeting would be for the purpose of adopting the Tentative Budget. The Public Hearing would be held the first meeting in September. Mayor Cowles requested that Boy Scot Troop #205 present at the Council Meeting stand and introduce themselves. The Mayor stated that before beginning the Meeting, he would like to make a statement with regard to an article in the newspaper. While in Sun Valley, the Mayor stated that he met a gentleman from Pocatello who worked for that City's paper. They discussed the actions taken by many cities to increase the salaries of Council members. Mayor Cowles further said that at no time was he aware that this conversation was to be considered an interview on the subject. The recent article in the Press Tribune indicated his feelings about the issue and he would not apologize for those comments. It was, however, not his intention to have his comments published in the paper even though he would be supportive of a raise for Council members. OLD BUSINESS (SECOND READING OF BILL NO. 10 - AMEND CITY CODE PERTAINING TO PLUMBING CODE) Mayor Cowles reminded the City Council that this Bill was read for the first reading at the last Regular City Council Meeting. The Mayor then requested that Councilwoman Straight read the Bill by title only as follows: AN ORDINANCE AMENDING TITLE V, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF CALDtvELL, STATE OF IDAHO, PERTAINING TO PLUMBING CODE BY ADDING A NEW SECTION 6 REGARDING LICENSE REQUIRED, BY ADDING A NEW Book 28 Page 123 SECTION 7 REGARDING LICENSE :FEES, AND ADDING A SECTION 8 REGARDING REVOCATION OR SUSPENSION OF LICENSE: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWTIH. Councilwoman Mallea asked that the minutes reflect that one portion of the Bill was deleted as agreed at the last Meeting. This was pertaining to the revocation of license for lack of respect to public officials. Mayor Cowles agreed that this should be noted with not only Bill No. 10, but also Bill No. 11. The City Clerk included this notation in the minutes to clarify that Bill No. 10 and Bill No. 11 were both amended since the last reading to delete that particular phrase. MOVED by Carter, SECONDED by Straight that this be considered the second reading of Bill No. 10. Roll call vote. Those voting yes: Carter, Mallea, Winder, and Straight. Those voting no: none. Absent and not voting: Jarboe and Raymond. MOTION CARRIED (SECOND READING OF BILL NO. 11 - AMEND CITY CODE PERTAINING TO ELECTRICAL CODE) Mayor Cowles requested that Councilman Carter read Bill No. 11 by title only as follows: AN ORDINANCE AMENDING TITLE V, CHAPTER 3 OF THE MUNICIPAL CODE OF T14E CITY OF CALDWELL, STATE OF IDAHO, PERTAINING TO ELECTRICAL CODE BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTION 2, CHAPTER 3 OF TITLE V REGARDING ADOPTION OF UNIFORM ADMINISTRATIVE CODE AND BY ADDING A SECTION 10, CHAPTER 3, TITLE V REGARDING CITY LICENSE REQUIRED, AND BY ADDING A SECTION 11, CHAPTER 3, TITLE V REGARDING LICENSE FEES; AND ADDING A SECTION 12, CHAPTER 3, TITLE V REGARDING REVOCATION OR SUSPENSION OF LICENSE: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor again indicated that the portion regarding revocation of license due to to lack of respect for public officials was deleted from this Bill. It was so noted. It was then MOVED by Mallea, SECONDED by Straight that this be considered the second reading of Bill No. 11 as amended. Roll call vote. Those voting yes: Mallea, Winder, Straight, and Carter. Those voting no: none. Absent and not voting: Jarboe and Raymond. MOTION CARRIED (SECOND READING OF BILL NO. 12 - AMEND CITY CODE PERTAINING TO GAS INSTALLATIONS) Councilwoman Mallea was requested by the Mayor to read Bill No. 12 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, BY REPEALING CHAPTER 4, TITLE V WHICH PROVIDES FOR GAS INSTALLATIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Mallea, SECONDED by Winder that this be considered the second reading of Bill No. 12. Roll call vote. Those voting yes: Mallea, Winder, Straight, and Carter. Those voting no: none. Absent and not voting: Raymond and Jarboe. Book 28 MOTION CARRIED NEW BUSINESS Page 124 (PUBLIC HEARING ON REQUEST FROM CO -OP TO VACATE 25 FOOT STRIP OF MAIN STREET) Mayor Cowles stated that this was the time set for the Public Blearing on a request from Co -op to vacate 25 foot strip of Main Street. The Mayor further explained that in order to speak to the issue, it was necessary for those who cared to participate to sign a sheet for that purpose. The following statement was on that sheet which the Mayor read for the benefit of those wishing to be heard. No person shall be permitted to speak before City Council at a Public Dearing until recognized by the Mayor. All persons speaking shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the Hearing, the City Council shall establish a time limit to be observed by all speakers. When the Public nearing is quasi- juducial in nature or one after which the City Council is required by law to make Findings of Fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with rules will be prohibited from speaking during the Public Bearing. The Mayor stated that three individuals signed the sheet to speak at the hearing. Mayor Cowles then asked that the City Council establish a time limit for them to speak. It was then MOVED by Mallea, SECONDED by Carter that five minutes be allowed for each person to speak. MOTION CARRIED The Mayor then opened the Public Hearing and requested that the Planning and Zoning Director, Mrs. Robison, give a brief explanation of this request for a vacation. Mrs. Robison pointed out the area on a map for the benefit of the Council and audience. She continued by explaining that the right of way in question was a twenty -five foot strip, twelve and a half feet on either side of the centerline of Main Street if it were extended. It was deeded in about 1904 probably for a sewer line that dumped into Indian Creek at that time. It was dis- continued and sewer lines have been put in at other locations to serve that area. There is a possibility that some storm sewers still drain into the Creek. A request was received from Cooperative Oil to vacate that right of way as a part of a business transaction they were involved in. Since there was still a possible use of that Pane, the City would want to request back easement rights at least for twenty feet. Mayor Cowles asked Mrs. Robison if it was appropriate at this time to ask what the intended use of this particular area was. Mrs. Robison explained that it was zoned M -1 Light Industrial and whatever use was intended would have to be something compatible to that zoning. The Mayor then addressed those signed to speak to the Council and recognized Mr. Glen Gray. Glen Gray, 2501 South Cloverdale Road in Boise. Mr. Gray informed the Mayor and City Council that he was on the Board of Directors for Cooperative Oil and they were in the process of liquidation by request. There was a possible chance to sell the property and the party interested requested that a new survey be made of the property. The Co -op had a licensed surveyor survey the property as they requested. In going through the records, the surveyor found this easement. The bulk tanks have been sitting on the easement for about fifty years. At any rate, the potential buyer would like this easement vacated in case he wants Book 2 8 Page 125 to put a building on the property. Mr. Gray further stated that his company would request that the easement be vacated so the property could be sold. The City Council asked several questions of Mr. Gray. The tape of the Hearing is on file in the Office of the City Clerk for six months. Mr. Gray informed the Council that he thought the potential buyer of the property would fit in with the zoning as established. Dale Cooper, 2900 Cleveland Blvd. was recognized by the Mayor. Mr. Cooper stated that he would answer any questions the Council might have. Councilman Winder asked Mr. Cooper if the potential business was allowed under the M -1 Zone. Mr. Cooper assured the City Council that it was. Councilman [Minder stated that if it was a legal use, the Council really did not need to know what business was looking at the property. The City Engineer explained that if it was determined that there was a need, the City would attempt to work out an easement with the property owner. If the ground the easement currently encompasses is more beneficial to the new owner, perhaps a new shorter alignment to Indian Creels, could be negotiated. Mr. Redmond demonstrated his remarks on a map for the benefit of the City Council, John Gracia, 1511 Cleveland, was recognized by the Mayor. Mr. Gracia stated that he owned a couple of acres on the other side of Indian Creek. Mr. Gracia had several questions of the City Council. He was reassured that the vacation would not disturb his property. Mayor Cowles then closed the Public Hearing and asked for comments from the Staff or City Council. Councilwoman Mallea stated that she thought it was a reasonable request as the zoning was amicable to this use. Therefore, Councilwoman Mallea MOVED and it was SECONDED by Carter to vacate the twenty -five strip as requested. Councilman Winder suggested that the motion include some provision for negotiated replacement of the easement as recommended by the City Engineer. Councilwoman Mallea agreed that the motion be amended to include this portion. The second agreed. Roll call vote. Those voting yes: Mallea, Winder, Straight, and Carter. Those voting no: none. A;osent and not voting: Jarboe and Raymond. MOTION CARRIED (REQUEST FROM THE COLLEGE OF IDAHO TO VACATE PART OF SOUTH OHIO AND HAZEL) Mayor Cowles referred to the memo received by the Mayor and Council members from Pepper Reese, the Executive Vice President, of the College which was as follows: The College of Idaho is requesting that the Caldwell City Council place on its September 7, 1987, Agenda a Public Hearing on our petition to vacate portions of Ohio Avenue and Hazel Street. Attached as Exhibit 1 is our petition - to vacate. Also attached are Exhibits 2 and 3. Exhibit 2 highlights the desired area to be vacated as shown on the February 13, 1961 plot of the College Heights Addition. Exhibit 3 highlights the desired vacated area on a City utility map. The City Council, on December 1, 1981, approved a temporary closure of portions of Ohio Avenue and Hazel. Street in order that the College could develop the area around Blatchley and the Student Union Building. Last fall, a $400,000 renovation of Book 28 Page 126 Blatchley was completed. The site now includes a music annex, a modern art gallery, an all purpose arts and crafts workshop center, and the Office of the President and his secretary. The final phase of the renovation project was to convert the already approved "temporary closed" portions of Ohio and Hazel into a court yard consisting of new concrete walks, shrubs, flowers, and grass. This would allow the College fo improve the campus traffic flow greatly while not affecting in any way the movement of traffic through City ;streets. I am attaching as Exhibit 4 a series of photos which show the four (4) different approaches to the area. It is the College's feeling that before any investment be made in the court yard area that we first obtain a vacation of the property. The City Council in December, 1981, stated that the College "would have to request the vacation in a written form During the December, 1981 meeting, there was some issues regarding the vacation that needed to be addressed. They are as follows: 1. Fire Protection - The safety and protection of our students and employees is of first importance. I have met with the Assistant Fire Chief, Bill Buchta, and reviewed the fire protection and fire access issues. Mr. Buchta and I reviewed all existing fire hydrants within the College vicinity and discussed some proposed changes. Attached as Exhibit 5 is a summary of existing hydrants and proposed hydrant changes. Presently there are twelve (12) active hydrants to serve the campus. There are four (4) proposed changes of which two (2) will take place this fall and two (2) next fall. If the Council approves the vacation, the hydrant in front of Blatchley will be moved to the corner of Michigan and Hazel. The relocation of the Blatchley hydrant was recommended by the Fire Chief to the City Council in December, 1981. The hydrant west of Sterry Hall will be relocated to the northeast corner of Jewett Auditorium and replaced with a modern hydrant. These moves will be at the College's expense. The entire fire protection plan was reviewed and applauded by Mr. Buchta. Mr. Buchta indicated to me that he would submit to the City Council a letter confirming his thoughts and position. Mr. Ray Wolfe of Harrison -Frank Insurance, which is the College's insurance carrier, also endorses the plan. Attached as Exhibit 6 is a copy of Mr. Wolfe °s letter confirming his thoughts. 2. City Easements - The City is investigating exactly what underground utilities run through the vacated property. The College will give the City easement to any underground utilities when and where necessary. 3. Master Plan - A master plan does not exist at this time. The College's Buildings and Grounds Committee is working on such a plan, but it is not ready for presentation. Until just recently, the current College Administration was not aware that a master plan had been discussed with the City Council in December, 1981. Since there is no change in size or location of the court yard area as approved in December, 1981, I would hope that our not having a master plan at this time would not affect your decision on this matter. 4. water Resource - There was someconcern expressed at the December, 1981, City Council Meeting "that the City was not sure they can provide enough water resources to the edge of the College property to put out a major fire ". According to Assistant Fire Chief, Bill Buchta, the City water system has been revised, updated, and now computer monitored to where there is no "water resource" problem to extinguish any major fire on campus. In our opinion, your approval of this petition will not affect the traffic flow through City streets) it will leave the alley between Ash and Hazel open which will allow for traffic Book 28 Page 127 circulation in that area; it will continue to place the maintenance burden of Hazel Street on the College (we resurfaced it last year); and, will enhance the safety and protection of our students and employees by adding new fire hydrants and relocating others to more accessible areas. On behalf of The College of Idaho, I thank each of you for your time and consideration of this petition. If you should need more information, I will be more than happy to provide it to you. The City Council discussed this petition at some length. The Planning and Zoning Director pointed out the area under consideration for the benefit of all.. A representative from The College of Idaho addressed the City Council and stated that he would answer any questions they might have. It was then MOVED by Mallea, SECONDED by Winder that a public hearing be set for September 8, 1987, at the Regular City Council Meeting. MOTION CARRIED (SPECIAL CITY COUNCIL MEETING ON AUGUST 31, 1987) Mayor Cowles requested a motion from the City Council to schedule a Special meeting of the City Council on August 31, 1987. It was MOVED by Winder, SECONDED by Straight that the City Council meet in a Special Council Meeting at Noon on the 31st of August, 1987. MOTION CARRIED (DEEDS AND EASEMENTS) The Planning and Zoning Director presented two easements for acceptance by the City Council. One is a temporary construction easement from Simplot Livestock Company and a permanent easement from Simplot industries. Both of these easements were in conjunction with the water line upgrading project. MOVED by Mallea, SECONDED by Carter to accept the easements as presented and the City Clerk be instructed to have the easements recorded. MOTION CARRIED (REQUEST FOR AN EXECUTIVE SESSION) Councilman winder stated that on behalf of the Finance Committee, he would like to request an Executive Session to discuss personnel. MOVED by [minder, SECONDED by Carter that pursuant to Idaho State Code, Section 67- -2343, an Executive Session be called of the City Council at 4:00 p.m, on Wednesday, August 19th, 1937. Councilwoman Mallea asked if there was any chance that the Meeting could be postponed until next week some time as she would not be available. Councilman [minder responded that there was some time restraints regarding the budget. The Tentative Budget was to be presented on the 31st. The Mayor stated that the Idaho Employer's Council was scheduled to be here on the 19th, and he felt that they should have a definite date to arrange their schedule. Councilman Winder further stated that the budget could not be completed until the salaries were determined and that could not be accomplished until the Council met with the Idaho Employer's Council. There was also several other considerations that needed to be resolved by the City Council in an Executive Book 28 Page 128 Session. Councilwoman Mallea further commented that she would ask for consideration to be given her request as she would be available at any time next week. Mayor Cowles then asked for a roil call vote on the motion requesting the Executive Session. Those voting yes: Winder, Straight, and Carter. Those voting no: Mallea. absent and not voting: Jarboe and Raymond. MOTION CARRIED The Mayor said that he would suggest that a meeting with Councilwoman Mallea be considered next week to update her on the discussion held on the 19th and receive her input. (MATCHING FUNDS ON THE BLOCK GRANT) The Mayor asked the City Engineer to address this item. Mr. Redmond stated that in a past meeting, the City Council approved making application to the State for Community Development Block Grant funds. The City will be submitting that application for storm drain, sewer and access improvements to assist Kit Manufacturing in their anticipated expansion. One of the things the State requires is either a motion or resolution by the City Council indicating that the City has and will commit the required matching funds should they be fortunate to obtain the grant. The total project is estimated to be approximately $703,000. The City was applying for a grant in the amount of $500,000 which leaves a residual of $206,000 left. Taking in consideration what the City will be constructing with that money: Approximately $72,000would be appropriate to come from water Funds and approximately $134,000 from Street Funds for the drainage. Therefore, the matching funds would come from those areas. it was Mr. Redmond's recommendation that if the City was fortunate enough to get the grant, that the City Council approve the matching funds as indicated in the amount of $206,000. Councilman winder was recognized and stated that he would like to disqualify himself for participating in this action. His company represented the sellers of the property to Kit Manufacturing who will benefit directly from this proposal. Councilwoman Mallea commented that she supported this project as she felt it was good for the City of Caldwell. It will provide from two hundred to two hundred and fifty new jobs. MOVED by Mallea, SECONDED by Straight that the matching funds in the amount of $206,000 as indicated will be available if the City of Caldwell is fortunate enough to receive a Community Development Block Grant. MOTION CARRIED (SCHEDULE THE REGULAR CITY COUNCIL MEETING FOR THE MONTH OF SEPTEMBER) Mayor Cowles explained that the first Monday in September was the 7th which was also Labor Day. He would recommend that the City Council officially establish the first Regular City Council meeting of September for Tuesday, the 8th of September. Councilman winder pointed out that the Public Hearing on the budget was scheduled for Noon on the 8th of September. It was the Finance Committee Chairman's recommendation that the Hearing be held at Noon on the 8th, after which the Council would recess until 7:30 p.m. the evening of the 8th of September. MOVED by Carter, SECONDED by Straight that the City Council convene into the Regular City Council Meeting at Noon on the 8th of September at which time the Public Hearing will be held; then recess until 7:30 p.m. that evening to continue the Regular Meeting. Book 2E MOTION CARRIED (LETTER FROM UNITED CABLE TELEVISION) Page 129 The Mayor called the City Council's attention to the copy of a letter they received from United Cable Television asking for an adjustment to their fees. Any time that this increase is over five percent, it is necessary for the City Council to approve. The increase that was being requested was over that percentage, but was still a minimal increase. The letter was as follows: As previously discussed we, United Cable Television of Treasure Valley, have experienced significant increases in operating expenses. Effective September 15, 1987, United Cable Television will adjust our service fees in accordance with Section 623 of the Cable Communications Policy Act of 1984. The attached denotes our adjusted fees. we are confident that our subscribers will perceive our service rate adjustment as reasonable and equitable. United Cable Television is committed to provide the "Highest quality Programming Services and Superior Customer Service." United Cable Television is dedicated to meeting -the expectations of our market by: 1. Upgrading technologically to an addressable format. 2. Introducing new products, like PayPerView and Request TV. 3. Launching services a majority of subscribers here requested, like "American Movie Classics ". United Cable Television is committed to serving the Treasure Valley, and dedicated to serving our customers. As always, I am available to answer your questions or concerns. Thank you for the time and courtesies you have afforded me. /s/ Wayne H. Watson, General Manager Mayor Cowles further stated that the First Choice Basic Service was now at the rate of $12.25 and the proposed fee was $13.50. For FM only service the rate is now $8.50 with the proposed rate to be $13.50. MOVED by Mallea, SECONDED by Carter accept the request from United Cable Television for the increase in fees as stipulated. MOTION CARRIED (FINANCIAL REPORT) Councilman Winder reported that the Accounts Payable for July were $773,998; salaries $198,303.85 with fringe benefits $63,296.61 for a total of $1,035,598„46. MOVED by Winder, SECONDED by Mallea that the bills be maid and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that the Stadium coolers are ready to be put out for bid. The insulation material that is both insulation and sound control does not appear to meet the aesthetic criteria of the Stadium Board; at least they are questioning it. They would like to see what it looks like, but Book 28 Page 130 as yet have not been able to find any locally to make a true determination. Time was important in this matter and since the Committee has not yet reported back, Councilwoman Mallea MOVED and it was SECONDED by Winder that this material and the coolers be allowed to go to bid subject to the report of this Committee. MOTION CARRIED Councilwoman Mallea further said that her second report pertained to the Armory. The Armory is twenty -five years old and the time has come for the City to renegotiate the lease. Several Council members and the Mayor met with the representatives of the Armory. The City felt that they were an asset to the City and subject to review of the expense and revenue posture, the City agreed to another twenty -five year lease. Councilman winder informed the Council that he attended the Airport Commission Meeting. Construction was on schedule for the new runway, there was discussion regarding signs, some conversation regarding a request for a lease from a company that wanted to locate on the Airport which was an industrial use, and discussed requirement for access to the Airport. Councilman Minder also reported that he attended the Golf Board Meeting. They reported that there was an increase of play at both courses. The Board proposed fee increases for 1988 and those recommendations were distributed to the Council members. The fees will have to be a part of the budget consideration. Councilman Winder stated that there has been some discussion about the proposed Sterling Lease at the Airport. Mr. Paul, who would be a neighbor at the Airport, has shown concern about the housekeeping of the Company. There was, however, no basis to evaluate how the business will be operated as he currently does not have an existing facility. The operation was a salvage type of an operation dealing primarily with automobiles and related equipment. Mr. Paul's concern was that this type of operation could detract from the beauty of the Caldwell Airport and possibly the other businesses already located there. During discussion, it was felt that if certain changes in the wording of the lease could be agreed on by the parties, the issue could be resolved. MOVED by Winder, SECONDED by Carter that the City Council approve the proposed lease with Stirling and Associates Company assuming that the parties can agree to the amendments which were discussed by the Council which basically were: 1. That the Company would comply with all of the aesthetics that the Commission would put in the lease; and 2. That there be a time frame in there for the Company to comply with any request from either the Airport Commission or the City Council with regard to any phase of their operation that was not compatible with the operation with the rest of the Airport in the opinion of the City Council or the Airport Commission. MOTION CARRIED Councilwoman Straight informed the City Engineer that she had received a question with regard to the signal lights on the weekends and also if a portion of the water line out by the Junior High School was being installed out of the City limits. Mr. Redmond answered that the lights would be changing sometime soon to a fixed cycle. Regarding the water line, there was a one block section out of the City limits. The City Engineer further explained that the County was contacted and they gave them approval. It was a benefit to the City to allow the water line to be placed in this manner. Councilman Carter reported that he attended the Senior Citizen Board Meeting and all seemed to be going along well. He also stated that he represented the City of Caldwell at the barbecue in Homedale and enjoyed it very much. Book 28 (MAYOR'S COMMENTS) Page 131 Mayor Cowles encouraged everyone to attend the Caldwell Night Rodeo during the coming week. fie also mentioned all of the activities that took place in Caldwell over the weekend. The Mayor also reported to the Council that he would be out of town on the 26th and 27th of August. There being no further business, the meeting was adjourned at 9:1.0 p.m. APPROVED AS written THIS 8 t DAY OF September 1987. _. �-, V Mayor � J C - ci / 1 _ , C? erson � � ` CouT!i 7 pe o v C c Coun -�1p user) / Councilperson i.o nci p�r.son r, ATTEST: 6-, City Cler f