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HomeMy WebLinkAbout1992-11-02city council minutesBook 33 R E G'� ' _�_:AR MEE Nove;TL' sr 2, 2 7:3 p.m. P 2 " 5 Mee`,"",.`_ng was called order by Mayo--- Dakan. The _' ­nquestea that s-veryone stand for. the fledge of Alle-'ance te - the Flag.. —, e iq fol l owing Roll of tho City Cclancil W,� calief, with 4 U , a members 1� Simmon!7_4, Carper_ =, Houc, - �ins, R and - ��7olas. 0 z Abs t: IN -, � (ADDITIONS RND DELI _ ONS TO - HE AGE�DA) Mayor DaRai, informed Counc_­3 that ne would ,request two changes to W e pre-pared Agenda: TteM No- 2 under Old business, decision on C--ty par; at the Saratoga site, 7�, be off trie. Agenda 'or ton...ght ano. included in the work Session 6 scussic on Wec1nasday, Kovembao. , th. Also, Iterr� No. 3 - ,�.1 - 1'.Ier 01& Business will be taken, off the Agenda and incI11.1ded in an EHec Se�=,sion on Wednesday. CONSENT CALT7` °7AR Ti -.e. Mayor presented the f ollow.'DA,7 items on t1ne, Ccns(-.-�nt Ca!G fo-. consideration ov the meiiihers of the City Council D Dzis�_^ w-i'C' the reading of the - of the Regular: City Cc7.71ncil Me ±Ling cf October 19th an,' the Special Mee', ..ng of lictober 2 15th, and approve. as 2. T.cr—npt th< minute:; of The <ellness Commit Meetil c of C"r 2'e_ 1992; the Cald Senior C"tJ ' zens Meeting cf Septet -;' er 21, 1 -992; Caldwell Sel Citi Meeting of October_ and Caldwoll, Histc:,`Lc Comm_:_­; Sion M2r, c' octc`b 8, 199 3. 1 - ass tnc-, follo Re.scluticn autho.rj'-zing ` Lin eHec. o% a Hangar Grounc1 Lease .,ith Rudy G. Hart-, RESCILUTION AUTHOF_ T.HE: MAYOR AND CITY CLER.X TO EXECUTE A STANDARD `3__LRPORT 1-1 ANGAR GROUND LEASE BET', THE C'7 OF CA7,7WELL A,'7) RUDY (-'. HARTTIAN, TRUSTEE OF - _) 7 L17 , =Y G. AND DIAt, K. HARTMAN ILRUST. BE w RESOLV) That "Ine Mayor and City Clerh of the C - -ty o" Caldwell, be the hereby are, to e--- a Standarld Airpo:: - -langar Ground Lease at`Tn., hG_­_ and 1 a - hereof as set fc` in fu-11 by and betwo n, the Ci.ty of l Caldwell and Rud G. Hart.;-an, Tri_).stee of he Rudy G. and Diane K, Hartme. Trust. MG, by ?La.ymond, SECONDE"' by Houvhins to accep! he Consent Ca'1 ­L­ndar as =esentsd by tl e Mayo as well as the cl,anges 4n the Rnil ca.12 vote. Those - cl%-�ting yes;: Raymond, 07.-, Simii Cc- and Hotjc_hins. ":'hose vct no none- Absent P, no`1 - , - oting -. Nancolae_ i�OTION CARRIED OLD BUS- (THIRD RE;.`). OF - __LL NO. 24 - !NIFRASTRZ;CTURE) Mayor Dalca infc Col­,--il that he would request a motic, to ta�_'. the ;third reading o:i- Bill No. 24 so that il. could oe discussed .ring the upcoming wo session schedililed for Wedne_:�,-,ay. Book 33 MOVED by Raymond, SECONDED by Ozuna to table Bill No. 24. Page 216 Roll call vote. Those voting yes: Raymond, Ozuna, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (APPROVE DRAFT AGREEMENT WITH THE CALDWELL IRRIGATION LATERAL DISTRICT AND SET THE PUBLIC HEARING) The Mayor stated that he would need a motion to continue work on this draft agreement with the Caldwell Irrigation Lateral District at an Executive Work Session scheduled for Wednesday at 5:00 p.m. The City Attorney gave a brief update with regard to this draft agreement. MOVED by Houchins, SECONDED by Carpenter that pursuant to Idaho State Code, Section 67 -2343, an Executive Work Session be scheduled for 5:00 p.m. on Wednesday, November 4, 1992, for the purpose of discussing possible litigation. Roll call vote. Those voting yes: Houohins, Raymond, Ozuna, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (BILL NO. 31 - CONSIDERATION OF CHILD CARE ORDINANCE) The Mayor explained that this Bill was delayed in October, but they were prepared to present it to the City Council at this time. The Bill was read by title only as follows: AN ORDINANCE TO AMEND TITLE VI, CHAPTER 3, BY ADDING SECTION 6 PERTAINING TO CHILD CARE FACILITIES: AND BY AMENDING CHAPTER 5, SECTION 4; AND BY AMENDING CHAPTER 2, SECTION 1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. Mayor Dakan further stated that a work session was held pertaining to this proposed bill with the members of the Planning and zoning Commission. MOVED by Raymond, SECONDED by Houchins that this be considered the first reading of Bill No. 31. Roll call vote. Those voting yes: Raymond, Ozuna, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING ON CALDWELL DEVELOPMENT BLOCK GRANT APPLICATION FOR TURNING POINT) At the request of the Mayor, Mrs. Ottens, Administrative /Personnel Officer, explained that the City's involvement with this grant began in May, 1992. The applicants came to the City Council to talk about the emergency shelter and transitional housing shelter that they hoped to be involved in. At that time, they requested that the City Council, as required by the State, lend their name to them so they could make an application to the State. The application is due on November 16, 1992. As required by Community Development Block Grant, a public hearing must be Book 33 Page 21 held on 11 apj� The pplica is present an will be able to fill the Council on requirements of the ap 1, Mayor 7 ,akan f _in.'Formed Council - ' Tiat the Public ;-fearing was schz�uled a the r� cf� Phil 13 Ho 4 . - . was fc tha; ' - ' vC, the piece of 1)��cperty -�y were u teres-LI-d in sing sho,. hal beer. =esen'led to i1­ie Planning aid Zoning Comm_ sion a requ.est flo- a spec use permit, Since tie Public Hearin was ac' 1 _v­:- and the-e was people w'­c: want-c- to tify, Councilmr. Raymond asked the City At i_� it wo be nrDpropr_ to Continue with pub_.L.I. hear= Mr. Gliqlray, the City ` stated that she Cite of CaJfweli scihedulec „' the pulb hear:'Ing and could go ahead and ccm ­ nt. in terms c.� any ccnsiderations or finding.-; with . - to the iss that -, , , Tould be pre en s led in a SpeCis._”. use Tpermit, 'n`.s advice would be nct to mal any decision:- with regards to the merits c that or not. "'hat ap,,Iicatic:,. has l:o be be."ore Fl;znning and Zonina and '_.hat matter r1nit ccu`�� app.. -cation would be Quasi JU,��4c_jal F _ Counc t invo- Findi_: of act. Thy -I w ould not wan, to fc=. any opJ-nions c express any C rec to those because c-F the fact that _'Lt could be appealed to the Ccu­� il. As far as having tf hearing with :regards to the ,lock Grant, the applica"l-fon, w here it i s, whe-r they intend t o go and etc. he co=d see no harm in receiving in`ormatio? along those !.'.nes. The Mayor e-plaine',_I that there was a sign up shee for ticse carp_,n7i to tl� . 1 this 4 -ssue. then coened the Public Hear_LTu­ and asked tree applicant if he cared. to rilo__Ke some befor,- t was Phi.'_ Bush �,-as reco=ized and expr�-. his apprec-'ation - For beinr., able u�, speak to the Cit­, CoulcJ 1. He el-,plainedl that tt-.,r? Turnil-( Point 7 _'MI Hous-'.ng Prc invo the acquisition and partial rehabilitation -.f the f`:ostern Building on Main and Ki­,iball. The building will be, converted into severe TMI apartments and leave foul- comme.-cial units intact. Tl. Block Grant gas requested to purchase the property. They also be applying 1 =or a fund rehabil_­_ �=ant t�_ finance the rehabilitation. This ap�tIicat date Marc". I, 1993, with grant withi ,, 30 days, After completion, t seven units then. be renlUo',_3 sub ct to tna HUD HOME Program guic_lelines. Af ter h_ prese.r Councilman Ozunc asked Bush he re�- ized tltiat he 61-'d need a special use permit to proceed with this - orciec".. Mr. Bush stated that he did know But in ordo.- to apP__ for the grant, the permits wcra not nacessary to the ap��Iicatio7i, The City Counci_ asked a num of questions, At ` corlc,'.usion o comments, thc. mayor -_<<Iled on - those i,n" ividua. who - -crueste , _', to tesilify. The fo_ spoke aga.inst the proj cc, - Terry 810 , - ain St' _ Carlos Ferreira, South ;.� Duane Sei-denstu.-,' 1009 North Kiley Yee, 416 Alaska, S`I-sve Ho­. 1424 forth Ohio; Andy Yee_ 416 Alaska; Saaun Hc 2323 Marble Front; Willie Spy :gay, 219 East - ­ - ,at Lane; Robert Gates, 20537 ] :into Lane; Carrie Gates, 2­ 37 Pin Lane; Veronica Vance, J.06 South �imball; Michael Stewart, 404 Crescent Street; 416 Alaska; William, A. N=i 2302 Indepondence, Lo se Broc7-- 17020 Homeda',e road; John P -' 7 ') ­--te, 62 Main Also recoar wc.-.4 Elaine Chapin, 14063 To Drive, who sjoor:e in s�­znport c:' the project. Book 33 Page 218 Mr. Bush again addressed the City Council stating that their intent was not to destroy downtown Caldwell. He believed that residential and business have worked together often in other towns. That was why he felt it was permissible to apply as he felt it was a good way to use the building. The Mayor stated that it appeared that those testifying were more against the location than the project. He further commented that they were proud of what he has accomplished at the Turning Point on Belmont. Mayor Dakan then closed the Public Hearing and asked for action from the City Council. MOVED by Raymond, SECONDED by Ozuna to withdraw City support for a Block Grant application for the location at Kimball and Main Street also known as the Western Building. Councilman Raymond further commented that if the organization was serious in their intent, they should look for a location more conducive to residential activity. Roll call vote. Those voting yes: Raymond, Ozuna, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (CONSIDERATION OF THE NO SMOKING ORDINANCE FOR CITY FACILITIES - BILL NO. 34) The Administrative /Personnel Officer reported that based on direction given by the City Council several months ago, staff has prepared a no smoking ordinance for consideration. This bill prohibits any smoking inside any City Buildings. This would include not only City Hall, but the Fieldhouse, Golf Courses and City Shop areas. The Fire and Police Departments are already smoke free. Mayor Dakan read Bill No. 34 in full as follows: AN ORDINANCE FOR THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AMENDING TITLE VII, BY ADDING A NEW CHAPTER 8, SECTION 1, PERTAINING TO NO SMOKING POLICY FOR ANY BUILDINGS OWNED BY THE CITY OF CALDWELL: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the Municipal Code of the City of Caldwell be amended to add a new Chapter 8, Title VII, Section 1 pertaining to no smoking in buildings owned by the City of Caldwell. 7 -8 -1: It shall be unlawful to smoke cigarettes, cigars, pipes or any other devices inside any building owned by the City of Caldwell. Section 2. 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. Councilman Raymond said that his concern was with the buildings that accommodate dining facilities in particular. The State Code allows for smoking and no smoking sections. He wondered if the City could adapt the same type of situation for the Airport. Also, the Events Center could have a designated smoking area in the foyer. He felt the City needed to look at specifics in some of the buildings since the uses were so varied. Councilman Ozuna expressed his concern with the golf course clubhouses. He felt that there should be designated areas in Book 33 those facilities. Pn;u 219 The WaVor stated that these concerns would se taken under consider. ation and broug back t-b the City Cou , cil. (DISSOL - OF THE TRRC COMMITTEE) Mayor Dakan anclaineb that this item was actually changing this Committee to be enter the guidance of the Chamber of Commerce. The request was submitted by the members of the TRH C Committee. in talking with Dennis HardziQ at the Chamber of Commerce, he felt it was a proper move. Councilyca Raymcnd questioned as to whether tne City would ccntinue to receive updatas from the Committee. The Mayor stated that the City Counc. would still be kept informed. MOVED by Carpenter, SECONDED by Ozuna t'.1 the TRAC Committee be dissolved and to thaxc them for all of their hard wo The ,7 . ,- --lyor ,formed Council that he did rece. the _Following letter from Elaine C. Tepper the Committee, Chair: The members of the Team for the Revitalization and Advan oar Caldwell (TRAC) request that tno Qommi'c.'C-2e be dissolved ir order to refo-rm under tine guidance of the Caldwell Chamber of Commerce. z our worn on the recow'', is not finished, we ba:Lieve tha: we ca,. --cork more effectively for change if we make this move =.- ��e R/T a effo by the City Of - JD7 Visit a cccper t.'--,7o- r Ca�-fwell ar..d the Caldwell Chamber of Commerce. Th.e city government has done its part to carry the effort fcr now i",, is time for part; € -:-, the business community, to take up the charge sr�d go We have been prout to serve on this committee for the City of Caldwell and will continue to wo:-k for the improvement of our community. The -, - - oil call vote was remmsted. Thosc votin-1 yes Carpenter, Houchins, Roymond, Dzuna, and EUnmuns. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (REOUEST FCa ANNEXRTION OF PROPERTY SOUTH OF BEECH AND EAST OF FLORIDR) Liz teary, Secretary for the Planning and Zoning Department, briefeA the City Council on this item. She stated that a patitio. for annz.,ation :.'ras been filed for prope- located at 3203 Sout:� Florida Mich consists of apprc7-imate!.y 6.5 ac,---es ant: is con vith the City on th -e east and west, At the present time, the site is vacant; it is the intent of the buyer of the property to construct a church and related facilities on the front portion of the site. S t a f' are co7tacting the owner of property directly to the north -,ahic-h wor_ -,,' be - of t entirely surrounce,3 by Ci ty p.- to ascertain wheLher they wish to be annexed at the same time. Tie recommendation was to diamot Staff to - vitiate the annexation process and schedule Comprehensive Plan land use designation and zone change hearings before the Planning and Zoning Commission. T", applicant hopes to ha this scheduled for the - Plannir.Eg and Zor-'..ng Corarna.ssion Meeting on Noveni*c= 19, at whic•, time they also -- Dlan to ;resent a Special Use Permit request to construct a courch ano have the annenation and rezone requests heart at the subsequent Council meeting on Decemo. 7, -'92. Book 33 Page 220 The City Council discussed those properties that were surrounded by annexed areas and the possibilities of requesting that they be annexed as well. It was agreed that when the new Planning and Zoning Director is selected, a policy be considered to address this kind of situation. MOVED by Houchins, SECONDED by Raymond, that the Staff be directed to initiate the annexation process and schedule Comprehensive Plan land use designation and zone change hearings before the Planning and Zoning Commission. Roll call vote. Those voting yes: Houchins, Raymond, Ozuna, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACT FOR MECHANICAL SERVICES - CANYON CAR AND TRUCK REPAIR) The Administrative /Personnel Officer explained to Council that part of the budgetary changes was to semi - privatize the mechanic shop operation. The City sent out a request for proposals to all shops listed in the phone book as well as advertising a notice in the Press Tribune. Four proposals were received. Based on the rankings and our interviews, we would like to recommend contracting with Canyon Car and Truck Repair as providers of our mechanical service. Staff will monitor the service and costs and provide to Council a six month review compared to last year's in -house costs. The Resolution was read as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR MECHANICAL SERVICES BETWEEN THE CITY OF CALDWELL AND CANYON CAR AND TRUCK REPAIR. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute a contract attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Canyon Car and Truck Repair for the purpose of mechanical services. MOVED by Raymond, SECONDED by Houchins to pass the Resolution authorizing the Mayor and City Clerk to execute an Agreement with Canyon Car and Truck Repair for mechanical services. Roll call vote. Those voting yes: Raymond, Ozuna, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Carpenter reported that there are currently accounts payable in the amount of $132,237.92 and a payroll of $161,820.16 for the two weeks ended October 30, 1992. - It was MOVED by Carpenter, SECONDED by Ozuna that the accounts payable in the amount of $132,237.92 represented by checks number 27320 through 27448 and payroll for the amount of $161,820.16 represented by checks number 40826 through 41012 be accepted, the bills paid, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, and Simmons. Those voting no: none. Absent and not voting: Nancolas. MOTION CARRIED Book 33 (AUDIEINTCE Page 221 Si cu ther.-,1 7" no one from the a�_j, wl7io cared - to bri any be the Cit)7 COu7,cil, the. Mayor declared that the meetinc would continua as out-I. (COMM I T'­_:!,E Ther° was comra reports i%bm the City Council. However, a brief report was made - ,pertaining to t,na work on Blaine and Kimball. (MRYOR The Mayo.-. present a b:°c­ up. te on the Incul"Cator Pro; ect. He also stated th J_ he wcl.11d be &`­ ending a semir in Sea ", c7 - '-st wit'.­� regar to thin projec the f -1-- of December. Mayor Dakan also info—lied Council ti he received a letter f rom sl, ' arman Wo-1 wit regard. to Caldwell eF, a -� s_ster c_ :Cy in TaJ1_- yi= Wang -, .I - cs the representative OF the go of Taiwan. Th villas; in Tc­li�,7an is similar �o ecorc, conditions i7. Canyon Count The idea was o suggested by M". Monte Munn and the Mayor wcrking with Senator Symms this "_xideavor_ The Council would rDcceive mat the nel Cit Counci -, Meetin ( AID JOURNM - , TT) MOVED by Houchins'-, SECO'L by CF_-_pente that since ther;� was no furthe7 businescs,, the °etina adjc at 8:50 P,Tl Rol Call vc"_��. Thoso, voting yes. Hnuchins, Raymond, Ozuna, Simmons, and Carpente,_ Those voting - no: nono. Absr_;nt and not vot': Na o I a s . MOTION CARRIED APPROVED AS j r `992. THIS 6t 07 N z�. C& o)- 1 , K , C6unoil ,:— Counc 1 on ATTEST: Mayor Ccl=_oilpers Coun :Ipersc,n counci_l-person