HomeMy WebLinkAbout1987-11-02city council minutesBook 28
REGULAR MEETING
November 2, 1957
7:30 p.m.
The Meeting was called to order by Mayor Pete Cowles.
Page 177
The Mayor requested that everyone stand for the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the fallowing
members present: Mallea, 1 �'arboe, Raymond, Straight, and
Carter. Absent: none.
(APPROVAL OF MINUTES)
MOVED by Carter, SECONDED by Raymond to dispense with the reading
of the minutes of the Regular City Council meeting of October 19,
19 €37, and approve them as written.
MOTION CARRIED
(AUDIENCE iPARTICIPATION)
Mayor Cowles asked if there was anyone from the audience who
cared to address the City Council at this time. Mr. Camilo Lopez
was recognized by the Mayor and stated that he would like to
register_ an objection to the endorsement made by the Mayor for
various candidates for the Caldwell. City Council. He felt it was
a bad precedent for several reasons. First, it tends - to imply or
indicate that the Mayor would be unwilling or unable to work for
anyone else. Second, it gives the impression that those
mentioned by the Mayor are all °`yes°' persons under his control.
Third, it takes away the nonpartisan air of City elections in the
past. Fourth, it distracts from the Council's independence from
the Mayor. Mr. Lopez further said that he felt this statement by
the Mayor violates the sair.it of the law and was not appropriate.
Several of the City Council members responded to Mr. Lopez's -
comment. Councilwoman Straight stated that the Council was not
composed of ' °yes" members and they do argue at times which was
their right. Councilman Winder also commented that he made a
statement in the newspaper indicating that he did not ask the
Mayor to endorse him. He was appointed by the Mayor to be a
Council member and has disagreed with the Mayor at times. He was
certainly not in the Mayor's pocket. Mr. 54inder further said he
felt that each member of the Council has an obligation not only
to the Mayor, but also to every citizen in Caldwell to attempt to
work as cooperatively as possible to produce positive results for
the community. Their intent: was not to be seven individuals
striking out in any direction; they should all be working for the
long range interest of the community from a job standpoint and
from a Living standpoint.
The Mayor commented that he would request that everyone make an
effort to vote. Councilwoman Mallea was also recognized and said
that every candidate who puts his name, his ability, and
reputation on the line to serve this City is to be commended and
honored. Whether_ elected or not, they did have her endorsement
as a fine citizen making a contribution to Caldwell.
NEW BUSINESS
(A -BARDS TO STODENTS BY TIME MAYOR AND CITY COUNCIL BOIL FIRE
PREVENTION)
Mayor Cowles introduced Lt. Callsen, of the Caldwell Eire
Department, who had requested permission to address the City
Council at this time.
Book 28
Page 173
Lt. Callsen stated that October 5th through the 9th was declared
Fire Prevention Week in the City of Caldwell by the mayor. it
was also in conjunction with National Fire Prevention Week. At
that time, the Eire Department was extremely busy with tours at
the Station and visiting the schools in Caldwell giving a fire
safety presentation. in the Fourth, Fifth, Sixth, and Seventh
Grades, an essay contest was held. The students were asked to
consider the safety in their own home and how a fire could be
prevented. Lt. Callsen introduced four students who had been
requested to read then essays: Jessie Bloch, Elsa Soto, Ashley
Grant, and Seth Sikkema. All of the students present at the
meeting involved in the essay contest received T-shirts and met
the May" and members of the City Council.
Before continuing with the Agenda, the Mayor presented certificates to
Councilwoman Mallea and Straight, and Councilman Winder for attending
the Essentials of Management classes conaucted by the Idaho Employer's
Council.
The Mayor also introduced Dr. John Blaisdell, Scoutmaster for Troop,
20" who then introduced the boys from his Troop.
(FIRST READING OF THE SUBDIVISION ORDINANCE)
Mayor Cowles read Bill No. 19 by title only:
AN ORDINANCE TO THE CITY OF CALDWELL, IDAHO, REPEALING IN ITS
ENTIRETY TITLE V, CHAPTER 8, OF THE CALDWELL CITY CODE AND
REENACTING IN ITS ENTIRETY TITLE V, CYAPTER 8, SECTION 5-8-1,
TITLE, PURPOSE, DEFINITIONS AND SUBDIVISION COMMITTEE; SECTION
5-8-2, PLATTING PROCEDURES, REQUIREMENTS; SECTION� 5-8-3,
SUBDIVISION DESIGN PRINCIPLES AND STANDARDS; SECTION 5-8-4,
STREET AND UTILITY IMPROVEMENT REQUIREMENTS; SECTION 5-8-5,
VARIANCES, APPEALS, VIOLATION AND PENLTY, AND SEVERABILITY; AND
SECTION 5-8-6, PRO11IBITION AGAINST CIPCUMVENTIOLN OF TITILE.
Mrs. Robison informed the City Council that she had prepared the
final draft of the Bill and would like to have the first reading
at this time. Testimony would be received from the public if
anyone cared to comment.
Mayor Cowles then declared that this would be considered the
first reading of Bill 19.
(RESOLUTION FOR THE COMPREWENSIVE PLAN CHANCE FROM MEDIUM DENSITY
RESIDENTIAL TO INDUSTRIAL - FLAVOR FREEZE)
Mrs. Robison, the Planning and Zoning Director, explained that
this was the Plan change that would ultimately allow the zone
change which would allow the expansion of the Flavor Freeze Plant
on North Illinois Avenue, The Plan change is done by Resolution
and the Zone change by Ordinance. A hearing was held on the Plan
and zone change at the last City Council meeting and the Council
approved having the Resolution and Ordinance prepared.
MOVED by Carter, SECONDED by Mallea that the Resolution be passed
authorizing the Plan change from Medium Density Residential to
Industrial for Blocks 87 and 83 of Golden Gate Addition.
Mayor Cowles requested that Councilman Carter read the Resolution
in full as follows:
RESOLUTION AUTHORIZING THE APPROVAL OF A CHANGE ON THE
COMPREHENSIVE PLAN LAND USE MAP.
HE IT RESOLVED that the City Council of the City of
Caldwell, Idaho, be authorized to approve the following change in
the Comprehensive Plan which is also described on the map
attached as Exhibit A.
Boole 28 Page 179
A Plan change from Nedium Density Residential to Industrial
for Blocks 87 and 88 of Golden Gate Addition to Caldwell,
Idaho, the official. plat of which is on file and of record
in the office of the Recorder of Canyon County, Idaho.
The Mayor then asked for a roll call vote on the mot icn. Those
voting yes: Carter, Mallea, G;Jinder, Jarboe, Raymond, and
Straight. Those voting no: none. Absent and not voting:
none.
MOTION CARRIED
(BILL NO. 1G -- ZONE CHANGE FROM R -2T MEDIUM DENSITY RESIDENTIAL
(MOBILE-' HOME OVERLAY) TO M -IT LIGHT INDUSTRIAL (MOBILE HOME OVERLAY)
FOR FLAVOR I REEZP,
The Mayor stated that the next item on the Agenda was Bill No. 18 for
the zone change for the same property as just addressed. Councilwoman
Mallea read Bill No. 18 by title only as follows.-
AN ORDINIANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN
THE CITY OF CALDWELL, IDAHO, FROM R -2T MEDIUM DENSITY
RESIDEN'T'IAL (MOBILE NONE OVERLAY) TO M -IT INDUSTRIAL (MOBILE
]°HOMY° OVERLAY); DETERMINING THAT SAID CHANCE IN ZONING IS IN
THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO;
INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS
M -IT LIGHT INDUSTRIAL (MOBILII; HOME OVERLAY) ON THE OFFICIAL
Z014INIG MAP; AND REPEALING ALL LAWS, ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWI'T'H.
MOVED by Mall-ea, SECONDED by Raymond to dispense with the rule
requiring that a Bill be read at three separate times and that
the Bill be read by title only for the one reading.
Roll call vote. Those voting yes: Mall-ea, winder, Jarboe,
Raymond, Straight, and Carter.. Those voting no: none. Absent
and not voting: none.
MOTIOIA CARRIED
MOVED by Mallea, SECONDED by P,aymond that Bill No. 18 be passed
and entitled Ordinance No. 1757.
Roll call vote. Those voting yes: Mallea, Winder, Jarboe,
Raymond, Stright, and Carter. Those voting nn: none. Absent
and not voting: none.
MOTION CARRIED
(RESOLUTION '1'0 AUTHORIZE AGREEMENT WITH U. P.R.R. )
The Mayor called on the City Engineer, Mr. Redmond, to present
this item on the Agenda.
Mr. Redmond explained that this Agreement was an amendment to an
existing Agreement with the Railroad. The original Agreement was
executed when the City was pursuing the East Cleveland
Interceptor, but construction funds restricted the amount of
construction that could be pursued. The original Agreement
addressed that a gravity line be constructed between 21st Street
down the Railroad right of way and over to 14th Street. As funds
were limited, that section did not get constructed. [-However, the
City retained the Agreement for future use. This amendment will
-
modify that Agreement to allow installation of a pressure line
roughly along the same alignment. It will allow the City to Dump
from the Dump station at 21st Street: in a ten inch pressure pipe
down the same alignment to 14th Street and then discharge into
the Meat Packer's line. This will buy the City some time
relative to the sewer collectin system.
Councilman Raymond read the Resolution as follows:
Book 23 Page 180
WHEREAS, OREGON SHORT LINE RAILROAD COMPANY and UNION
PACIFIC RAILROAD COMPANY (hereinafter called Railroad
Company) has tendered to the CITY OF CALDWELL, STATE OF
IDAHO (hereinafter called City) documentation supplementing
that certain license for a sewer pipeline encroachment, at
Caldwell, Idaho identified in the Railroad Company's records
as Audit No. A-105235; and
WNEREAS, the Council of said City has said proposed
agreement before it and has given it careful review and
consideration; and
WHEREAS, it is considered that the best interests of
said City will be subserved by the acceptance of said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CALD��IELL, STATE OF IDAHO:
That the terms of the agreement submitted by the
Railroad Company as aforesaid be, and the same are hereby,
accepted in behalf of said City;
That the Mayor of said City is hereby authorized,
empowered, and directed to execute said agreement on behalf
of said City and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to
attached to each duplicate original of said agreement a
certified copy of this Resolution.
MOVED by Raymond, SECONDED by Winder that the Resolution be
passed authorizing the execution of this Agreement with the Union
Pacific Railroad Company.
Roll
call vote. 'Those voting yes: Raymond, Straight, Carter,
Xallea, Winder, and Jarboe. Those voting no: none. Absent and
not voting: none.
MOTION CARRIED
(REQUEST FOR A PAWNBROKER'S LICENSE)
The Mayor presented a request for a pawnbroker's license to the
City Council for action. The request was submitted by John
Taylor for D & J Pawnbroker's Inc., 112 Simplot Blvd. the Chief
of Police approved issuing the license and the fee was received.
MOVED by Carter, SECONDED by Winder that approval be given to
issue a Pawnbrokers License to Mr. Taylor as requested.
Roll call vote. Those voting yes: Carter, Mallea, 'WinOer,
Jarboe, Raymond, and Straight. Those voting no; none. Absent
an& not vot none.
MOTION CARRIED
(RESOLUTION TO AUTHORIZE EXECUTION OF PANCVR LEASE AGREEMENT WITT!
GEORGE ELDRIDGE AND JERRY DOWEN)
Mayor Cowles presented two Resolutions to approve Hangar Lease
Agreements at the Airport. These Agreements were as a result of
dividing property at the Airport. The first Resolution was as
follows:
RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A
1ANGAR LEASE AGREEMENT BETWEEN THE CITY OF CAL WELL. AND
GEORGE ELDRIDGE.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell and the same hereby are, authorized to
execute that certain Lease Agreement attached hereto aDd
made a part hereof as if set forth in full by and between
the City of Caldwell as Lesscr and George ;Eldridge as
Lessee.
Book 28
Page 181
MOVED by Mallea, SECONDED by Straight to pass the Resolution
authorizing the execution of the Hangar Lease Agreement with
George Eldridge.
Roll call vote. Those voting yes: Mallea, Winder, Jarboe,
Raymond, Straicht, and Carter. Those voting no: none. Absent
and not voting. none.
MOTICM CARRIED
The second Resolution was as follows:
RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A
HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND
JERRY DOI
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell be, and the same hereby are, authorized to
execute that certain Lease Agreement attached hereto and
made a part hereof as if set forth in full by and between
the City of Caldwell as Lessor and Jerry Dowen as Lessee.
MOVED by Mallea, SECONDED by Straight to pass the Resolution
authorizing the execution of the Hangar Lease Agreement with
Jerry Dowen.
Roll call vote. Those voting yes: Mallea, Winder, Jarboe,
Raymond, Straight, and Carter. Those voting no: none. Absent
and not voting: none.
MOTION CARR'IE'D
(RECOMMENDATION FROM PLANNING AND ZONTING WITH REGARD TO NOTTIHGSHIRF.'
NORTH)
The Mayor asked the Planning and Zoning Director to address this
item on the Agenda.
Mrs. Ro5ison's memo to the City Council explaining this request
for the vacation of Plat of Nottingshire North was as follows:
PURPOSE: To allow construction of Leisure Village XII, a 14-unit
senior housing complex on the south side of Locust Street
westerly of S. Georgia Avenue.
Attached to the memo A. Location map of Nottingshire North; D.
Leisure Village project area; C. Site plan for Leisure Village;
D. petition to vacate plat.
The original plat was designed for multi-family common wall.
dwelling units to be sold as separate ownerships, similar to the
Nottingshire Development at Georgia and Cherry. The owner,
DeVCO has no plans to proceed with this type of development and
has agreed to sell off a little more than an acre of the property
for the Leisure Village xII project.
Devco has repealed the protective covenants and homeowners'
documents that were filed with the plat in preparation for the
project, but Western Development is unable to proceed because of
an existing easement which lies where Building #3 would be
constructed and also because FHA will not release interim
financing until the plat is vacated.
RECOMMENDATION FROM P AND Z:
The Planning and Zoning Commission held a special meeting at 4-30
p.m. Tuesday, October 27, 1987, to review the application
submitted by Devco Properties. They approved a motion to
recommend vacation of the plat subject to provision of sidewalk
along Georgia and Locust (which was a condition a plat approval)
Book 28
Page 182
and also to dedication of a 10 -foot easement presently shown
along the perimeter of the subdivision and any other easements
deemed necessary by the City Engineer.
PUBLIC HEARING:
A public hearing is required pursuant to 50- 1306A, Idaho Code.
This is a request to establish Novemnbei 16, 1987, as the hearing
date.
MOVED by ,, Iallea, Srl'CONDED by ii'inder that a public hearing be set
for 'November 16, 1987, as requested.
Roll call vote. Those voting yes: Mallea, : "lin r, Jarboe.,
Raymond, Straight, and Carter. Those voting no: none. Absent
and not voting: none.
mOTION CARR7I.D
(REQUEST FOR A DELAY ON SE'B ER POOKU PAY1AF.NT)
The Mayor read the following letter to the City Council:
My Mother, who has lived at her present location for 36 years.
She recently got a letter that she is supposed to hook up to the
sewer. After going In and talking 1-0 1 ":r. 'Redmond with my mot'ner,
we found cut she has been paying sewage for these 36 years and
they can only go back one year with payments to rectify thin
mistake. with the circumstances of my Father being in tine
nursing, home and my mother only has Her small social Security
check. She gets a few food stamps and heat assistance. 'there is
no way that she can gay for this. I truly feel the City of
Caldwell owes this much to her. I understand some of the people
on the north side got some curbs and gutters put in for then. My
folks paid for theirs. Getting up to five years postponement as
was suggested would only give her Longer to worry over this
,problem. At this period of her life, with all of her other
problems, she does not need this one. Please give this some
sincere thought as to the fairness of things. My father was
employed for the City of Caldwell for several years. Thank you.
The City Council discussei this request at some length with
comments from the City Engineer. it was Lien MOVED by Raymond,
SECONDED by Carter that the Council authorize the Mayor to use
his judgment in resolving this matter with the citizen.. Councilwoman
Mallea stated that this decision should not set a precedent for
future situations.
MOTION CARRIED
(VERIFICATION OF KIT CRANT)
The City Engineer, Mr. Redmond, informed the City Council that
there was a property owner in the area of Kit Manufacturing that
would like to have on record specifically what improvements the
Grant intends to construct. Mr. Renord further stated that the
best sway to address this request was to go through the
improvements that are scheduled to be accomplished. After the
explanation, it would be appropriate for the City Council to
consider a motion to verify exactly what was going to be done.
Mr. Redmond proceeded by reading a section from the Grant wit-1
regard to the improvements intended as follows: 1. Construct
approximately 1,500 linear feet of paved street, 52 feet in width
With curb and gutter. This includes excavation, base materials,
and stabilization fabrics. This section of Garber Street would
commence at Kit Avenue and would extend to ttZe west. The
remaining portion of Garber Street to Par -sway ."could be brought up
to a graded and graveled condition. This distance would be for
approximately 1,200 feet. 2. Construction of 1,200 linear feet
of 12 -inch and 300 linear feet of 10 -inc:n gravity sanitary sewer
line, and construction of a small sewer lift station., This
includes manholes and proper _pump station connections. Again,
this woul.C1 be starting at Kit and the 1,200 feet measured to the
west. 3. Construction of approximately 2,800 linear feet of
Book 28
Page 183
36-inch and 750 linear feet of 27-inch storm drain. Thi
includes manholes, catch basins, railroad, highway and canal
crossings. This would be the storm drain line eseentially from
Indian Creel; back up Kit Avenue to approximately La Fond Street.
This would allow the interconnection of other drainage laterals
at some future date. 4. Installation of approximately 4,000
linear feet of 8-inch waterline. 'Phis includes valves and
f ittings. 'Phis would be a waterline extension from Kit Avenue
down Garber Street over to Farmwwy and then up Farmway north to
interconnect with Aven Street. 5. As indicated in Item No. 1,
construction of approximately 1,200 linear feet of gravel road
with a 20 foot width travel way. This would be the opening of
the remaining portion of Garber Street which will be a gravel
road between Kit Avenue and Farmway.
mr. Redmond continued stating that the five items were primarily
what the Grant was submitted for and for which the Grant will
construct along with the City's matching monies.
The individual requesting this clarification will- be granting the
City some right of way and he was concerned that in granting the
right of way he would not be assessed for street improvements.
Mr. Redmond also said that he would like to state that the normal
sewer hookup fees and waterline extension hookup fees will still
apply. These fees normally are paid at the time building permits
are issued or services requested.
MOVED by Raymond, SECONDED by Straight to accept the Grant as
what the City will provide in that area; more particularly the
improvements as outlined by the City Engineer.
Councilman Winder was recognized and stated that he would like to
disqualify himself from participating in this matter. He was
involved in this transaction from the start and would be handling
the sale of the property to Kit Manufacturing. Therefore, he
would be receiving a commission from that transaction.
Roll Call vote. Those voting yes: Raymond, Straight, Carter,
Mallea, and Jarboe. Those voting no: none. Absent and not
voting: none. Councilman Winder did not vote on this issue.
MOTION CARRIED
(SCHEDULE A SPECIAL CITY COUNCIL MEETING TO CAUVASSTHE VOTES OF THE
CITY ELECTION)
The mayor explained to the City Council that a Special City
Council bleating would have to be scheduled for the purpose of
conducting a canvassof the votes for the City Election. ny State
law, this has to be done within six days of the election.
MOVED by Carter, SECONDED by Mallea that the City Council meet in
a Special City Council meeting at noon on Wednesday, the 4th of
November, 1987.
MOTION CARRIED
(COMMITT REPORTS)
Councilwoman Mallea reported that she attended the workshop
pertaining to the Subdivision Ordinance. She also thanked all
who were running for the Council positions. Also, encouraged
everyone to be sure and get out and vote.
Councilman Winder stated that he received a letter from C. Robert
Yost which he would like to be entered into the minutes. The
letter is attached to the minutes as Exhibit A.
Councilman Jarboe stated that he had indicated at the last City
Council Meeting that he would have a report at this time on the
Economic Development Project. Mr. Wally frank was recognized by
the Mayor and gave a brief report on the project stating that it
was incorporated now and the incoporaLors included Dale Peterson,
Book 28
Page 184
Ron Carter, Dick Shively, Ken Roberts, and himself. There was
also two associate members; the City Engineer, Ron Redmond, and
City Councilman Jarboe. They have also put together a oudget and
hired a consultant, Mr. Pill Nor Councilman Jarboe was also
appointed as their liaison to the City Council and would be
reporting to the Council once a month regarding money spent and
what is being accomplished.
(MA Y 0 R ' S C OMM� ENT S )
Mayor Cowles informed Mr. Lopez that he was sorry if he caused
him concern. He- also wished Mr. Tr:Leb and Mr. Marmon luck.
The Mayor recognized Mr. Redmond, who stated that he had one Hare
item to bring to the City Council On Monday, the 9th of
November, bids would be opened for a well house at Luby Park.
Mr. Redmond further said that he would like permission to award
the bid to the low bidder if all is in order.
MOVED by Nallea , SECONDED by Carter to authorize the City
Engineer, Mr. Redmond, to award the bid for the well house at
Lucy Park to the lowest bidder,
MOTION C,' :RR ED
There being no further business, the Meeting was adjourned at 8:45
p.m.
APPROVED AS
1987.
WRITTEN THIS 16TH DAY OF November I
Kayor
(On ci1"perj0Q"- Councilperson
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Councilperson CqQpcilpers--------
Count ilperson
ATTEST:
Councilperson
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