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HomeMy WebLinkAbout1980-10-14city council minutesBook 21 REGULAR MEETING October 14, 1980 12:00 Noon The Meeting was called to order by Mayor McCloskey. Page 307 The Roll of the City Council was called with the following members present: Williams, Raymond, Hopper, and Carter. Absent: Mallea and Betts. (APPROVAL OF MINUTES) MOVED by Carter, SECONDED by Williams to dispense with the reading of the minutes of the October 7, 1980„ Regular City Council Meeting and approve them as written. MOTION CARRIED NEW BUSINESS (PARKING PROBLEM FOR CHAN MORGAN RESTAURANT - WAYNE DAVIS) The Mayor stated that he would give the City Council some background with regard to the parking problem encountered by those desiring to put this restaurant in at 703 Main Street. If it was determined by the Building Inspector and the City Engineer that there was adequate parking at this location, it will not have to go through the Planning and Zoning Commission. If there was a variance required, then it would have to go through the Planning and Zoning Commission. If the occupancy was held down to the limit of the number of parking spaces that the City was able to rent him, which the City anticipated would be fifteen that were now available, and the possibility of five more in the near future, it would give them twenty parking spaces that would be off the street. This would give the restaurant an occupancy of eighty people at any given time. The determination would be hard to make as to how many people might: be in the restaurant at one time as there might be one hundred chairs and only twenty people in there at the time. Also, there might be a number of parking spaces available at times on the street. The City establishes certain rules that the Building Permit specifies and it cannot be deviated from unless the City Council gives their approval. The City Engineer explained that the parking was not based on occupancy; it was based on the number of seats. What Mr. Morgan was present at the Council Meeting for was to arrange for off street parking. Councilman Hopper asked if the City had any long term commitments to the parking spaces at the railroad parking lot. The Mayor stated that the City did not. The City has a long term lease agreement with the Union Pacific Railroad for the parking area. The City made no promises with regard to the parking spaces to the downtown merchants. The City informed the businesses that the area was available for parking and there was a lack of use of the parking available there now. The area was available for the general public now and the City does have a man to control the parking. This was one facet that made the request feasable as previously there was not a man to control the parking so that the request to be presented today would not have been possible. The Mayor then recognized Mr. Wayne Davis, who was present in behalf of Mr. Chen Morgan with regard to the parking requested. Mr. Davis explained that the problem they had was that Mr. Boyer and his wife intend to sell the premises situated at 703 Main Street to Mr. Po Cheun Lau of Los Angeles. The specific location was the old location of Home Sleep Home which was no longer in business. The purpose of the purchase of this place of business was that Mr. Lau intends to establish a Chinese restaurant at that location. The proposed number of seats in that restaurant was eighty. Mr. Lau was willing to pay rental on twenty spaces that were in the parking behind the building specified as the Railroad Parking Lot. It was their understanding that fifteen spaces were now available and that five more will be made available. If there was twenty spaces to park, then Book 21 Page 308 they were talking about seating capacity of :[:our per space which Mould equal the eighty that they have. The people involved in the restaurant were most anxious to start the business and were willing to rent the twenty spaces and pay the rent. They were asking for the Council's blessing so that the negotiation can be completed. It was the only item that the completion hinged on at this time. The City Engineer stated that it was all within the zoning requirement if the City does grant him the twenty spaces for parking. Councilman Raymond asked if it would be possible to renegotiate some of the parking spaces so that the spaces would be available close to the restaurant. The Mayor staged that he did anticipate requesting that some of those renting spaces switch their space so that the parking for twenty would be available to the restaurant. The Mayor further commented that he felt that this was something that other businesses in the downtown area would support as it would bring more people to the downtown area. MOVED by Raymond, SECONDED by Hopper that the City of Caldwell lease up to twenty parking spaces to Mr. Chen Morgan. Councilman Hopper questioned as to whether this shouldn't be in a Resolution form as there would have to be an agreement with the restaurant owner. The Mayor suggested that the motion be amended to state that a Resolution be drawn up for this transaction. Councilman Raymond then stated that he would amend his motion as follows: MOVED by Raymond that the Mayor and City Clerk be notified. to draw up a resolution to lease up to twenty parking spaces in the Railroad Parking Lot to Mr. Chen Morgan. The amended motion was SECONDED by Hopper. Roll call vote. Those voting yes: Raymond, Hopper, Carter, and Williams. Those voting no: none. Absent and not voting: Mallea and Betts. MOTION CARRIED (DISCUSSION WITIi REGARD TO ARBITRATION ON VIPCO) The Mayor called on Mr. Morrison, the City Attorney, to discuss the arbitration with VIPCO. Mr. Morrison stated to the City Council that the City of Caldwell was set for a hearing on November Sth in Boise for arbitration with VIPCO. There was a number of things that Mr. Morrison felt should be discussed. The first consideration was with regard to the compensatio agreement with the arbitrator. The question was whether the City would. want to go ahead at this time and agree to $140.00 per day for the City's share for the arbitrator. They were asking for $280.00 per day and the City would pay their share in the amount of $140.00. Under the Arbitration Rules, unless it was agreed upon verbally for each party to pay this fee, the Arbitrator himself can award payment to one side or the other.. Initially, the City was looking at $140.00 and it may be more later. The Compensation Agreement states that in addition to the $280.00 per day for the hearing, there would be at least one day of study. The Mayor stated that what bothered him was that the City had nothing to gain. When it was first started, the City thought they would have monies to go into escrow and as it turned out according to Federal Law the City does not have: this stipulation. The City was now standing on nothing but the grounds of not establishing a precedence. The City might not be: able to afford this. Councilwoman Williams asked the City Attorney if there was any way that the City of Caldwell could stop arbitration. Mr. Morrison stated that the City could do this by sitting down with the other side and settling it. There was Rule 10 of the Rules that provides that there could be a pre- arbitration conference. for that conference, it specifically provid'.es that the arbitrator not appear. This was an attempt to settle or expedite the issues, to stipulate to evidence of documents, and this type of thing. He suggested tha perhaps the City could do this, but then again they would be talking Book 21 Page 309 expense because the Arbitration Of - lice was in Portland and the City would either have to pay the individual to come here or for representatives from the City to go to Portland. Councilman Raymond inquired as to whether there would be any value or possibility of a pre - conference by telephone. Mr. Morrison stated that he would be�open to anything. He suggested that perhaps there could be a formal request made for a pre - conference to see if the problem could be solved. Mr. Morrison further explained that arbitration was an agreement to sit down with an arbitrator to discuss the problem; then whatever the arbitrator decides was final and there was no appeal. The City Attorney discussed further with the City Council the problems related to the arbitration. Councilman Hopper pointed out that the City perhaps cannot afford to go through the arbitration hearing. Mr. Morrison stated that this was where they were now. A decision had to be made as to which way the City intended to go. Councilman Hopper also mentioned that he felt that perhaps the engineering consultants should be involved in the costs. After further discussion, it was MOVED by Raymond, SECONDED By Carter that the City Attorney be authorized to arrange a pre - arbitration conference in whatever manner that was most convenient and less expensive. MOTION CARRIED Mr. Morrison then asked if there was a need to meet in Portland, should he specify that there would be a representative from Caldwell there. After discussion, the Council determined that the City Attorney, and the Mayor attend this pre - conference. MOVED by Williams that if this pre - conference was arranged that the City of Caldwell send the City Attorney and the Mayor. The Mayor stated that he felt that consideration should be given to sending the City Engineer instead of him due to the knowledge that Mr. Lewis had of the situation. Mr. Morrison stated that he did feel that there should be an official of the City present for the Conference, but he would also like to have the City Engineer there. Councilwoman Williams then stated that she would amend her motion to include the City Engineer. SECONDED by Carter. MOTION CARRIED Mr. Morrison also stated that he and Mr. Lewis would get together to discuss the possibility of making demands on the consulting engineers. Mr. Morrison further said that he would like the cost figured for handling the account for VIPCO if they did have to go to Portland as he felt that they should have this figure in mind when talking with them at the pre - conference. Mr. Morrison informed the City Council that he had several other items he would like to bring to their attention. One was that the City was about to be sued for $87.50 for a pair of lost eyeglasses at the Caldwell Swimming Pool. He also brought to the Mayor's attention the latest correspondence on the fuel storage at the airport. Mr. Morrison also requested that Mr. Lewis get together with him with regard to the Bistline vs Caldwell suit. Mr. Morrison then asked if he understood correctly with regard to the Compensation Agreement. Was it the Council's desire to not sign the Agreement at this time. It was then MOVED by Hopper, SECONDED by Raymond to authorize the City Attorney to not sign the Compensation Agreement at this time. MOTION CARRIED The City Engineer was recognized and stated that the City of Caldwell vacated a little triangle on 22nd Street and Arthur several months ago. .After a great deal of investigation on the part of Mr. Smeed, he found that the description had the wrong section on it and another Book 21 Page 310 ordinance would have to be passed. His question to the City Attorney was how to amend an ordinance. Mr. Morrison stated that the Council should repeal the old Ordinance and pass a new one with the proper section on it. OLD BUSINESS (RESOLUTION NO. 57 -80 - AGREEMENT WITH IDAHO TRANSPORTATION DEPARTMENT) The Mayor explained that this Agreement was one that had already been signed and Council was in concurrence with it. The Mayor read Resolution No. 57 -80 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERIC TO EXECUTE A FISCAL AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE IDAHO TRANSPORTATION DEPARTMENT. BE IT RESOLVED That the Mayor and City Cleric of the City of Caldwell be, and the same hereby are, authorized to execute that certain Fiscal Agreement: attached hereto and made a part hereof as if set forth in full by and between the City of Caldwel and the Idaho Transportation Department for the Nampa /Caldwell Urban Transportation Study for Fiscal year 1981. MOVED by Carter, SECONDED by Hopper that Resolution No. 57 -80 be passed as presented by the Mayor. Roll call vote. Those voting yes: Carter, Williams, Raymond, and Hopper. Those voting no: none. Absent and not voting: Mallea and Betts. MOTION CARRIED (AUTHORIZE MOBILE HOME REHABILITATION) The Mayor stated that there was a memo with regard to the rehabilitation of mobile homes. I't was agreed at the last City Council Meeting that the Council members would study this Addenda and action would be taken at the meeting today. The Mayor read the memo as follows: Due to the number of owner occupied mobile homes on private property in our R,-,hab Target Area, H.U.D. has urged us to engage in Mobile Home Rehabilitation. H.U.D.'s only requirement is that appropriate addenda be prepared for our "Rehab Handbook - Statement of Policy" and approved.by the City Council. The attached addenda was sent, to H.U.D. on Aug. 28, 1980,.and approved by H.U.D. on September 2, 1980. The final details have been worked out with the Director of the Idaho State Department of Labor and. Industrial Services, Mobile home Inspection Division. Please examine said addenda. We request it be considered for approval at the October 14th Council Meeting. The Mayor stated that he would need a motion to accept the Addenda to present to the Rehab Program. Nell Wolfe was recognized and stated that she believed that a Resolution would be necessary to accept this Addenda. It was then MOVED by Williams, SECONDED by hopper that a Resolution be drafted to accept the Addenda to enable the mobile home rehabilitation. MOTION CARRIED CDISCUSSION REGARDING THE GARBAGE CONTRACT) The Mayor informed the Council that an addendum was necessary to the garbage contract to state that the contract shall be a five year Book 21 Page 311 period beginning December 1, 1980. The initial five year term of the contract may be extended for an additional five year term by a written agreement between the parties. It was the Mayor's recommendation that the City Engineer prepare this Addendum to the Contract. (L.I.D. BID REVIEW) The Mayor read the following memo from the Engineering Department: The Engineering Department has reviewed bids submitted for L.I.D. 80 and recommend acceptance of the low bid of $20,015.57 from Idaho Sand and Gravel of Caldwell. /s/ Dave Baker Pursuant to the City Council's action October 7, 1980, awarding the contract to the low bidder subject to the Engineering Department's approval, the contract for the construction work for L.I.D. 80 is hereby awarded to Idaho Sand and Gravel Co., Inc. /s/ Mel Lewis The Mayor explained that this review was for the City Council's information as they had passed the motion to accept this bid at the last meeting subject to the approval from the Bid Committee and the Engineering Department. (REVIEW OF BURGLAR ALARM ORDINANCE) The Mayor stated that all members of the City Council should have copies of the revised Burglar Alarm Ordinance which has been cut considerably and it was shown to Mr. Hay and Mr. Jones for their purusal. The Mayor further commented that he would bring this ordinance before the City Council at the next Regular City Council Meeting for passage. (DETERMINATION ON I.O.O.F. BUILDING) The Mayor informed the City Council that he looked at the plans, looked at the building, was knowledgeable in all respects and he did not believe that the City was the least bit interested in this proposal. MOVED by Raymond, SECONDED by Hopper that the City of Caldwell respectfully decline considering any further the trade with the I.O.O.F. and that the Mayor write a letter to Mr. Warren with regard to the City's decision. MOTION CARRIED NEW BUSINESS (RESOLUTION NO. 58 -80 - REHAB LOAN FOR MR. AND MRS. SAUCEDA) The Mayor read Resolution No. 58 -80 by title only as follows: RESOLUTION APPROVING A HOUSING REHABILITATION FOR JOSE A. SAUCEDA AND MICAELA SAUCEDA, HUSBAND AND WIFE AND PROVIDING AN EFFECTIVE DATE. The Mayor explained that he would not read the Resolution in full as it was exactly the same as those presented previously. The Council had determined after the reading of the first Resolution in full that it would not be necessary to read the Resolutions in full when presented in the future. The Mayor also reminded the Council that this was one rehab that the Council. members had personally surveyed. MOVED by Williams, SECONDED by Carter that Resolution No. 58 -80 be passed for the Rehab Loan for Mr. and Mrs. Sauceda. Roll call vote. Those voting yes: Williams, Raymond, Hopper, and Carter. Those voting no: none. Absent and not voting: Mallea and Betts. MOTION CARRIED Book 21 Page 312 (RESOLUTION NO. 60 -80 - AGREEMENT WITH JEFF RODWELL) The Mayor read Resolution No. 60 -80 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND JEFF RODWELL. BE IT RESOLVED That 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 Jeff Rodwell. MOVED by Carter, SECONDED by Hopper passed authorizing the execution of Roll call vote. Those voting yes: Hopper. Those voting no: none. A Betts. that Resolution No. 69 -80 be an agreement with Jeff Rodwell Carter, Williams, Raymond, and 3sent and not voting: Mallea and MOTION CARRIED (RESOLUTION NO. 59 -80 - AGREEMENT WITH KEITH STANWOOD) The Mayor read Resolution No. 59 -80 in full as follows: RESOLUTION AUTIORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND KEITH STANWOOD. 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 full by and between the City of Caldwell and Keith Stanwood. MOVED by Carter, SECONDED by Hopper that Resolution No. 59 -80 be passed authorizing the execution of an agreement with Keith Stanwood.. Roll call vote. Those voting yes: Carter, Williams, Raymond, and Hopper. Those voting no: none. Absent and not voting: Mallea and Betts. — MOTION CARRIED (APPOINTMENT TO GOLF BOARD) The Mayor read the following memo from the Golf Board: The Caldwell Golf Course Board met October 8, 1980, and voted to replace George Weitz on the Board due to the lack of attendance. The Board would like to submit the name of Scott Holloway for your consideration. The Mayor then stated that he would recommend the appointment of Scott Holloway to the Golf Course Board. MOVED by Carter, SECONDED by Williams thgt the recommendation of the Mayor that Scott Holloway be appointed to th.e Caldwell Golf Course Board be approved. MOTION CARRIED (COMMENDATION TO ALLEN WILSON) The Mayor explained that Allen Wilson was a Captain in the Auxiliary for the Police Department and was recently hurt severely and will be unable to work for a minimum of five weeks. He further explained that these men do not get paid as the Fire Auxiliary do and he would like to have the Council members sign a card to be sent to Allen Wilson. It was felt that he would appreciate.-the fact that the City did appreciate the Auxiliary Policemen. Book 21 Page 313 (CONSIDERATION TO MAKING CHANGES IN THE SOLICITOR'S ORDINANCE) The City Clerk pointed out that the City Code perhaps should state that those door -to -door salesmen that secure licenses under the stipulation that the fee be waived should have a bond to the City except for those receiving a license for a Caldwell Civic Organization or a school club. It was suggested that the Code should state that the Mayor or Council had the privilege to waive the fee entirely for Civic Organizations or school clubs. The Council discussed this briefly and agreed that an ordinance should be drawn up to allow for these changes. (RESOLUTION NO. 61 -80 - AGREEMENT WITH IDAHO POWER COMPANY) The Mayor read the following letter from the Idaho Power Company: This letter is to notify the City of Caldwell that Idaho Power Company desires to terminate the existing Street Lighting Contract, dated December 8, 1 between the parties, effective December 8, 1980, as provided in paragraph 4.1 of this Contract. Please find enclosed three copies of the one year Contract that will replace and supersede, immediately, or at your option, but no later than December 8, 1980, the Street Lighting Contract for energy and facilities for your street lighting service in Caldwell, Idaho. Please sign all three copies between now and December 8, 1980, and return them to my office for execution by the Company, and an executed copy will be sent you for your files. If you have any questions concerning this matter, please advise. /s/ J.P. O'Connor Division Manager The Mayor then read Resolution No. 61 -80 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE IDAHO POWER COMPANY. 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 full by and between the City of Caldwell and the Idaho Power Company for the City of Caldwell Municipal Lighting Service. MOVED by Hopper, SECONDED by Carter that Resolution No. 61 -80 be passed authorizing the execution of an agreement with Idaho Power Co. Roll call vote. Those voting yes: Hopper, Carter, Williams, and Raymond. Those voting no: none. Absent and not voting: Mallea and Betts. MOTION CARRIED (BILL NO. 28; ORDINANCE NO. 1581; AMEND CODE WITH REGARD TO BUILDING CODE) The Mayor explained that this Bill was a change in the Building Department Code. The Mayor read the Bill in full as follows: AN ORDINANCE TO AMEND SECTION 1, OF TITLE V, CHAPTER 1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO REGARDING BUILDING CODE BY ADDING CERTAIN LANGUAGE TO EXCLUDE APPENDIX, CHAPTER 12; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 1, of Title V, Chapter I of the Book 21 Page 314 Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended by changing the following: 5 -1 -1: ADOPTION OF BUILDING CODE: There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition ,equipment, use and occupancy, location and maintenance of buildings and structures, that certain Building Code known as the Uniform Building Code, copyrighted by the International Conference of Building Officials 1979 Edition together with. amendments and revisions thereof with the exclusion of Appendix, Chapter 12. Section 2. That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be'in full force and effect from and after its passage, approval and publication according to law. It was explained that this was a section that the Building Inspector wanted deleted as it applies more to the Fire Department than it does the Building Department. The Building Inspector stated that the section was totally unenforceable as there was no flexibility in the Building Department. It applied to apartment buildings and by law the Department would have to close down half of the City to enforce the section. The Section was covered in the Fire Code and it does have flexibility. MOVED by Hopper, SECONDED by Carter to suspend the rule requiring the reading of a Bill three separate days and that Bill No. 28 be passed on the first reading. Roll call vote. Those voting yes; Hopper, Carter, Williams, and Raymond. Those voting no: none. Absent and not voting: Mallea and Betts. MOTION CARRIED MOVED by Hopper, SECONDED by Carter that Bill No. 28 be passed and entitled Ordinance No. 1581. Roll call vote. Those voting yes: Hopper, Carter, Williams, and Raymond. Those voting no: none. Absent and not voting: Mallea and Betts. `- MOTION CARRIED (MAYOR'S COMMENTS) The Mayor said that he was trying to get a volunteer group such as the Boy Scouts or a Service Club to go into areas where the weeds were growing and clean it up before winter comes. He also informed the Council that he had received an energy survey book regarding saving energy and he would encourage anyone who cared read it to do so. He would have it available. The Mayor then stated that he would like to appoint Councilman Hopper, Councilman Carter, Councilman Betts, and himself to a Committee to meet with Tom Burns, Fire Chief, to go over the overtime schedule for the Fire Department. The Mayor informed the Council that the Treatment Plant wanted to have Walkie- Talkies and he had already authorized it. The reasoning was that they had to have one man stay home to answer emergency calls and therefore, had to give that man a day off. With the Walkie- Talkie available, the man assigned to take the calls will not have to stay home and consequently, will not have the day off and that will save man power. The Mayor also reported that he had a call from Dave Reynolds and the Mayor told him the concern the Council had with regard to the Cable TV being installed out of the City Limits first. Mr. Reynolds explained that it was just a matter of economics; those people who received the first service were those that were situated on the lines coming into Caldwell. Councilman Hopper said that they were still servicing areas outside Book 21 Page 315 of the City's franchise. He further stated that at least they did know now that the City was aware of it and was glad that it had been addressed. The Mayor also informed the Council that he called Intermountain Gas Company to make a study on the heating problems at the Senior Citizen's Center. Councilwoman Williams requested that the hardship list for the garbage be checked into. It was suggested that the Building Inspector, as he has the time, check the homes getting the garbage discounts to see if the same people were still living there and if the list was correct. There being no further business, the Meeting was adjourned at 1:25 p.m. APPROVED AS written THIS 21st DAY OF October , 1980. COo �l Coo n is ma ATTEST: ouncilman Councilman City ClerK --