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HomeMy WebLinkAbout1997-10-20city council minutesBook 38 REGULAR MEETING OCTOBER 20,1997 7:30 P.M. The Meeting was called to order by Mayor Winder. Page 293 The Mayor requested that everyone stand for the invocation offered by Norman Rutzen, Valley Pentecostal Church, after which everyone remained standing for the pledge of Allegiance. The roll of the City Council was called with the following members present: Houchins, Evans, Earl, Busch, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. Councilman Houchins brought forth one change to the Agenda which was to add an Item No. 7 under the Consent Calendar. This item was the cancellation of an Airport Lease Agreement with Treasure Valley Sports Aviation, represented by Dr. Roy McLaughlin and a new Airport Lease Agreement with Steven R. Appleton. MOVED by Houchins, SECONDED by Earl to approve the addition of the cancellation of an Airport Lease Agreement with Treasure Valley Sports Aviation represented by Dr. Roy McLaughlin and a new Airport Lease Agreement with Steven R. Appleton. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED INTRODUCTION OF SPECIAL VISITORS. Mayor Winder noted that there were several candidates running for office present at this time. He recognized Don Tolley, who was running for Mayor as well as Council candidates including Jerry Langan, Bob Busch and Rita Earl, who were incumbents, and Ray McLaughlin who was running for Seat Two. AUDIENCE PARTICIPATION. The Mayor explained that this was the time for audience participation. Anyone who had an issue they would like to discuss with the Council was encouraged to do so at this time. David Smith, a part time worker at Purple Sage Golf Course, was recognized and informed the Mayor and Council of an incident involving the Golf Pro at Purple Sage. An apology was requested and a letter was received which he read for Council's information. After Mr. Smith's comments, the Mayor stated that he did talk with the Pro and a short discussion ensued with regard to the golf courses. Randi Reamer, 1316 Larch, was recognized and indicated that she would like to discuss the Local Improvement District that was on the Agenda. Mayor Winder informed her that she should sign up at the Staff Table and ask her questions at that time. CONSENT CALENDAR. Book 38 Page 294 The Mayor presented the following items on the Consent Calendar for approval by the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of October 6, 1997, and approve as written; 2. Accept the minutes of the Planning and Zoning Commission Meeting of September 11 and 25, 1997, and the Caldwell Industrial Airport Commission Meeting of October 2, 1997; 3. Approve the Resolution accepting the dedication of sewer, water, storm drain and street light facilities for Silverbow I Subdivision improvements; 4. Approve acceptance of Deed of Right of Way from John W. Goodyear; 5. Approve the appointment of Gregg Jensen to the Housing Authority; 6. Approve acceptance of a right of way deed from Connie Owens and approval of a right of way contract; 7. Approve a Resolution authorizing a cancellation of an Airport Tenant Agreement with Roy McLaughlin and a Resolution authorizing the execution of an Airport Lease Agreement with Steve Appleton. MOVED by Houchins, SECONDED by Earl to approve and accept the Consent Calendar as amended. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. OLD BUSINESS NEW BUSINESS (PUBLIC HEARING REGARDING LOCAL IMPROVEMENT DISTRICT 97 -5 - STREET AND DRAINAGE IMPROVMENTS ON LARCIUMADISON) Mayor Winder explained that this was the time set for the Public Hearing regarding Local Improvement District 97 -5. The Resolution of Intent was passed by the City Council at the last City Council Meeting and the hearing scheduled for this time. He asked if there were any documents to be entered into the record by either those for or against the L.I.D. Since there were no documents, he continued with the explanation of the procedure noting that there were sign up sheets for those wanting to testify or ask any questions. He informed Council that there was one person signed to speak for and one against the project. After further explanation as to the procedure of a hearing, the Mayor then opened the Public Hearing and those requesting to testify were sworn in by the City Clerk. The City Council agreed that no time limit would be established with only two asking to speak. The Mayor then asked the City Engineer to present his Staff Report. Mr. Law, the City Engineer, explained that L.I.D. 97 -5 was proposed for the construction of certain street improvements on the two streets mentioned. Those improvements were limited to paving at this point; no curb and gutter were included. This L.I.D. was formed as others have been in the past and that was to provide only paving and certain improvements to the base. With that short explanation, he would answer any questions the Council or those testifying might have. In answer to a question from the Mayor, the City Engineer further staters that this was part of a plan the City has in place to pave all of the unpaved streets in the City. He also noted that this particular program was with the intent of ultimately getting all of the graveled streets in town paved. They have not included curb and gutter as part of this process although several have been required to put curb and Book 38 Page 295 gutter in as they build houses. Other curb and gutter were already in, but not included in the cost. The Council asked a number of questions and indicated that anyone desiring improvements in their neighborhood could begin that process by coming into City Hall and talking with the Engineering Department. In this instance, at least sixty percent of residents did sign the petition. Carolyn Devlin, 1402 Boise Avenue, was recognized by the Mayor and stated that her house faced Madison. There was only about a block of road that was not paved, which was extremely busy and caused a lot of dust. She was very grateful to have this paving done. Randi Reamer, 1316 Larch, was also recognized and basically had a number of questions about the L.I.D. They included the fact that she was being charged for tree removal and she did not have trees; wondered about the drainage cost when she already had curb and gutter; and how much of the cost was coming from the City. The City Engineer explained quite extensively the costs that she mentioned and invited her to come by his office to discuss the tree removal cost and any other questions she might have. There was further discussion pertaining to when the payments on an L.I.D. were due and the process in forming the District. The Mayor stated that there was the Staff Report and the testimony to be included as a part of the record. MOVED by Earl, SECONDED by Evans to accept the evidence as noted by the Mayor. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Earl that the Public Hearing be closed. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 37 TO FORM LOCAL IMPROVEMENT DISTRICT 97 -5) Mayor Winder read Bill No. 37 by title only as follows: AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 97 -5 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE HEREIN, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK; PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING SEPARABILITY; AND PROVIDING FOR THE PUBLICATION AND EFFECIVE DATE OF THIS ORDINANCE. Book 38 Page 296 MOVED by Houchins, SECONDED by Langan that Bill No. 37 be passed. Councilwoman Earl asked the City Engineer if this was a Bill that they should waive the rules and pass on the first reading. Mr. Law explained that it would be more expedient to pass on the first reading since no items presented tonight would be considered fatal to the project. Councilman Houchins withdrew his motion with the approval of the second, Councilman Langan. Councilman Houchins then MOVED and it was SECONDED by Earl to waive the rule requiring that a bill be read at three separate times and that it be passed after the one reading by title only. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Earl that Bill No. 37 be passed and entitled Ordinance No. 2211. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON AN AMENDMENT TO THE CITY CODE /ZONING ORDINANCE 1451 BY DELETING REFERENCED FEE AMOUNTS SET FORTH IN CHAPTER 10 PERTAINING TO .ZONING REGULATIONS) Mayor Winder stated that this was the time and place for the Public Hearing on the proposed Code amendment and text amendment to the Zoning Ordinance No. 1451. The applicant was the City of Caldwell and the purpose of this Bill was to bring the City's procedures into harmony with how other fees were handled. This was to remove the fees from the Code and approve by Resolution rather than going through the long process of having to pass an ordinance each time there was a change. The Planning and Zoning Commission recommended that these fees be deleted. The applicable legal standards include Chapter 65 of the Idaho Code and the City of Caldwell Zoning Ordinance No. 1451 as amended. Since there was no one signed to speak to this issue, the Mayor asked for the Staff Report at this time. Linda James, the Community Development Director, was sworn in by the Clerk and presented her report to the City Council. Mrs. James stated that this item has been through one Public Hearing as required by law any time the City amends an Ordinance. The Commission heard this on September 25, 1997, and voted to recommend that the City Council adopt this amendment. Mrs. James further reminded Council that they did adopt a resolution for fees established for zoning issues, public hearings, and etc. some time ago. This was simply a matter of housekeeping. She did point out a couple of minor errors in the proposed Bill. Mayor Winder asked Council for a motion to include the staff report as part of the records. MOVED by Earl, SECONDED by Houchins to accept the staff report as a part of the record. Roll call vote. 'Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 38 Councilwoman Earl presented Findings of Fact and Conclusions of Law as follows: • City Council adopt the Findings of Fact presented to the City Council by the Planning and Zoning Commission; • Also, that the Conclusions of Law also be adopted as the request meets the intent of the law and the applicable legal standards and proper public hearing notification requirements were met. MOVED by Earl, SECONDED by Langan to adopt the Findings of Fact and Conclusions of Law as presented by the Planning and Zoning Commission in the Staff Report. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor asked for a motion to close the Public Hearing. MOVED by Earl, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor closed the Public Hearing. (CONSIDER BILL NO. 38 TO AMEND THE CITE' CODE, CHAPTER 10 REGARDING ZONING REGULATIONS) Mayor Winder presented Bill No. 38 by reading the title as follows: Page 297 AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLES 2, 3, 4, 5, AND 6, BY DELE"T"ING ALL REFERENCED FEE AMOUNTS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Earl, SECONDED by Langan that this be considered the first reading of Bill No. 38 as was amended during the Public Hearing. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION TO APPROVE THE RENEWAL OF THE ECONOMIC DEVELOPMENT SERVICES CONTRACT) Mayor Winder informed the Council that the next item was to consider a Resolution authorizing the renewal of the Economic Development Services Contract. He continued stating that Caldwell has been fortunate in having a strong Economic Development Program in place with John Blaye acting as the Director over the last six years. It was his recommendation that the City Council approve this one -year contract. The Resolution was as follows: Book 38 Page 298 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND ECONOMIC DEVELOPMENT SERVICES CONTRACT. 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 Caldwell Economic Development Council, INC., an Idaho non - profit corporation. MOVED by Houchins, SECONDED by Evans to pass the Resolution authorizing the execution of the Agreement between the City of Caldwell and Caldwell Economic Development Council, INC., an Idaho non - profit corporation. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION TO APPROVE INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF CALDWELL AND JOHN WATSON, PGA GOLF PROFESSIONAL) Mayor Winder informed Council that the Golf Board has recommended that a five -year contract be approved with each of the Golf Professionals. The Board discussed several issues before the recommendation was determined. The Pros will be expected to run a better program, supervise the marshals and Jolm Watson will purchase at least 30 new golf carts. During the negotiations, I indicated to the Board that John Watson's proposal regarding new appliances for the Purple Sage Clubhouse were to be purchased with his funds. Actually he was proposing the City use his lease payments paid for the Clubhouse rental be used to purchase the appliances. Mr. Watson maintains all of the appliances at his expense, which can be expensive trying to keep old equipment running properly. Under the contract, we will purchase new appliances at a value not to exceed his lease payment, approximately $4,500 annually. In talking with the Chairman of the Board, he could see no reason not to proceed in this manner. Councilwoman Earl stated that she had received several phone calls with regard to the golf courses. They indicated that their concern was the length of the contract. She suggested that they attend this meeting to express their feeling or to put them in writing. Councilman Busch, who was the liaison to the Golf Board, informed the Council that a number of things were discussed at their meeting. There were two members who abstained from voting on the contracts, but all of the others voted in favor. They did not indicate their reason for abstaining. The City Council discussed the contracts at some length including the termination clause, that the contracts were written as requested by the Auditors, and the reasoning for having the five -year contract. The Mayor read the Resolutions as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND JOHN WATSON, GOLF PROFESSIONAL FOR PURPLE SAGE GOLF COURSE. Book 38 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 John Watson, Golf Professional. Page 299 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND LENNY W. STROUP, GOLF PROFESSIONAL FOR FAIRVIEW GOLF COURSE. 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 Lenny W. Stroup, Golf Professional. Mayor Winder informed the Council that both of the contracts were similar although the clubhouses had different times for being open during the year. MOVED by Houchins, SECONDED by Busch that the Resolution be passed authorizing the execution of an Independent Contract Agreement with John Watson, Golf Professional. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Evans that the Resolution be passed authorizing the execution of an Independent Contract Agreement with Lenny W. Stroup, Golf Professional. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Evans reported that the Finance Committee has reviewed current accounts payable in the amount of $422,857.32 for the period ended October 15, 1997, and a net payroll of $126,572.19 for the pay period ended October 11, 1997. MOVED by Evans, SECONDED by Earl that accounts payable in the amount of $422,857.32 represented by check numbers 54665 through 54844 and payroll for the total amount of $126,572.19 represented by check numbers 60075 through 60203 and direct deposit stub numbers 6631 through 6719 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL COMMENTS) Councilman Evans thanked those responsible at the Library, particularly Elaine Leppert, for his Mother's ninetieth birthday celebration held at the Library Community Room. Also, he believed the luncheon that noon to listen to the Mayoral candidates was a success. Book 38 Councilman Langan commented how much he appreciated a comment from one of the Council Members running for re- election in Boise who stated that campaigning was a pain. Although he was not opposed, he still recognized that it was not something he enjoyed. (MAYOR'S COMMENTS) Mayor Winder commented about articles in the local paper criticizing Caldwell and the comments made during some of the forums; commented with regard to the year end figures as compared to the fiscal year 1997; they were in the process of searching for a Treasurer, Administrator and Mayor's Assistant who will replace Evee Kiler, who was the Finance Director and Treasurer, and also will replace Robert Vasquez as the Mayor's Assistant; CEED Project was looking better; Eagles Lodge held a fundraiser to raise money for the skate board park; he also commended the Eagles Lodge for helping the community; the Regio- Sprinter was still running; the spray paint issue was still under discussion with the Police Department indicating that they did not want to adopt an Ordinance unless done on a County wide basis; a letter was received from Bill Gigray thanking the City of Caldwell for the use of the Simplot Stadium for the soccer program; and the demolition of Old Jefferson was slowly progressing. (ADJOURNMENT) Since there was no further business, it was MOVED by Earl, SECONDED by Evans to adjourn the City Council Meeting at 9:05 p.m APPROVED AS written TIIIS 3rd DAY OF November 1997. Mayor (� I/K W t. c�lperso Co �cilpersoi�� � 8 a. ilpers 1 Co 'I s n Coui cilperson Councilperson ATTEST: Page 300 City Cleric