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HomeMy WebLinkAbout1989-11-06city council minutesBook 39 REGULAR MEETING November 6, 1989 7:30 p.m. Page 233 The Meeting was called to order by Mayor Peter B. Cowles. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Winder, Houchins, and Mallea. Absent: Jarboe and Straight. Council President, Jack Raymond, requested that the record reflect that Councilwoman Straight was ill and unable to attend the meeting and Councilman Jarboe was out of town. (ADDITIONS TO THE AGENDA) The Mayor asked if there was any additions to the Agenda. As there was none, he declared that the Meeting would continue as outlined. (AUDIENCE PARTICIPATION) Camilo Lopez was recognized and made several comments pertaining to the elections and the attitude of the citizens of Caldwell. Councilman Winder stated he thought that the City of Caldwell had many more good points than bad and he would hope that everyone would stop being so critical of the City. BEAUTIFICATION AWARDS Mayor Cowles stated that the strength of this community was in its people and those who make up the business community. Several individuals have commented that there was a need for the City to thank those in the community who are attempting to help achieve a good image. The Mayor further said that in looking around the town, there was good things happening which everyone should be made aware of. Beautification Awards were then presented to the following: Elvin Simpson from Crookham Company, Bob Jenkins of Valli Information Systems, and Chuck Houchins of Sherwood Florist. Mayor Cowles commended them for their contributions to the community. Two other businesses, who were not able to attend the meeting, Jensen Real Estate and the Postal Express, also received awards. (CONSENT CALENDAR) The Mayor presented the Consent Calendar to the City Council for acceptance as follows: To dispense with the reading of the minutes of the Regular City Council Meeting of October 16th and approve them as written; accept the minutes of the October 16th meeting of the Caldwell Senior Center Citizens Committee and the minutes of the October 19th and September 21st meeting of the Planning and Zoning Commission; approve the renewal of the liquor, beer, and wine licenses for 1990 as recommended by the Chief of Police; approve Catering Permits for Northwest Food Service for two functions at the College of Idaho on November 8 and 11, 1989, the Sundowner to cater for Western World Reception at Trolley Square on November 13th and for the Elks to cater for the Linden Three Theater Grand Opening on November 9th. MOVED by Mallea, SECONDED by Houchins to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Mallea, Raymond, Winder, Book 30 Paqe 234 and Houchins. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED OLD BUSINESS (BID ON METAL SHOP BUILDING AT THE AIRPORT) The Mayor explained that an attempt was made to auction this building at the City Council Meeting on October 16th. The only bid received was for $500..00. The Council did not believe this was an adequate amount and chose to delay sale of the building until this time. In the meantime, persons showing an interest in the building have been advised to submit a written offer to the Council prior to this meeting. An offer was received in the amount of $500.00 and since another person has indicated interest in the building, the meeting would be opened for further bidding at this time. The bidding process was carried out with the bidding completed at $2,900. MOVED by Raymond, SECONDED by Winder that the bid in the amount of $2,900 submitted by Kevin Laeger be accepted for the building at the Campbell property. MOTION CARRIED (THIRD READING OF BILL NO. 35 - DOOR TO DOOR SALES) Councilman Raymond read Bill No. 35 by title only as follows: AN ORDINANCE TO REPEAL CHAPTER 4, TITLE IV, SECTIONS 1 THROUGH 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, PERTAINING TO DOOR -TO -DOOR SALESMEN, AND ADDING A NEW CHAPTER 4, TITLE IV, SECTIONS 1 THROUGH 11 REGARDING DOOR -TO -DOOR SALESMAN: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Raymond, SECONDED by Mallea to suspend the rule requiring that a Bill be read in full for one reading and that Bill No. 35 be passed and entitled Ordinance No. 1835 after three readings by title. Roll call vote. Those voting yes: Raymond, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED (THIRD READING OF BILL NO. 34 - SIDEWALKS) Mayor Cowles requested that Councilman Raymond read this bill by title only as follows: AN ORDINANCE TO AMEND TITLE VIII, CHAPTER 1, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO SIDEWALKS BY DELETING AND ADDING LANGUAGE IN SECTION 1, REGARDING MAINTENANCE RESPONSIBILITY; SECTION 2 REGARDING COUNCIL DIRECTED REPAIRS; AND ADDING SECTION 8 REGARDING REMOVAL OF SNOW, ICE, RUBBISH, DEBRIS, AND WEEDS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Mallea, SECONDED by Houchins to suspend the rule requiring that a Bill be read in full for one of three readings and that Bill No. 34 be passed and entitled Ordinance No. 1834 after three readings by title only. Roll call vote. Those voting yes: Mallea, Raymond, Winder, Book 30 "aae 23- and Houchins. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED (SECOND READING OF BILL NO. 36 - NOISE ORDINANCE) Councilman Winder read Bill No. 36 by title only as follows: AN ORDINANCE TO AMEND TITLE IX OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 12 OF SAID TITLE IX REGARDING REGULATION AND LIMITATION OF NOISE WITHIN THE CITY; PROVIDING LIMITATIONS OF NOISE AT SOURCES AS MEASURED BY dBA MEASUREMENT; REGULATING PERMISSIBLE NOISE LEVELS FOR EQUIPMENT AND SNOWMOBILES; PROVIDING PERMITS FOR EXCEPTIONS TO NOISE LIMITATIONS; PROVIDING PENALTIES; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. MOVED by Winder, SECONDED by Raymond that this be considered the second reading of Bill No. 36. There was some discussion among the Council Members pertaining to the demonstration that was conducted at the Police Department regarding noise levels. The Mayor then asked for a roll call vote on the motion. Those voting yes: Winder, Houch:ins, Mallea, and Raymond. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED NEW BUSINESS (REQUEST TO VACATE EASEMENT IN SANDERS SUBDIVISION) The following memo containing background information on this item was distributed to the Council by the Planning and Zoning Director, Dennis Crooks: On October 19, 1989, the Planning Commission approved a Special Use Permit application which authorized the construction of a two story, 24,000 square foot office building on the above referenced property. Also, these lots were the subject of a zone change from R -1 single family residential to R -3 multiple family high density residential which was approved by the City Council in August, 1979. The purpose of the easement vacation is to accomodate the placement of the approved office building across Lots 3 and 4. Other affected utility companies have been notified of the request. A response was received from Idaho Power company which informed City Staff of an overhead service to an existing street light on Poplar Street. In the event of easement vacation, either the power source to the light will need to be relocated or the street light itself will have to be moved to a new location in a manner satisfactory to the utility company and the City Engineer. Additionally, it should be noted that there exists an existing storm drain within the defined easement area. The City Engineer has indicated that any improvements within the easement will have to be removed with the storm drain to be re- routed to the east of the proposed building. It is not anticipated that any other objections or concerns with the requested vacation are forthcoming. Any final comments are to be received prior to the scheduled item. The recommendation was to approve the request to vacate the existing utility easement subject to the following terms and Book 30 Page 236 conditions and direct Staff to prepare a confirming Ordinance: 1. That the applicant shall, either provide a new power source to the existing street light on Poplar Street or move the street light to an alternate location to the satisfaction of the utility company and the City Engineer. 2. That prior to the issuance of any building permit for the office building, the applicant shall submit improvement plans for the review and approval of the City Engineer to reflect the following: a. removal of all storm drain improvements within the existing easement. b. re- routing of storm drain to the east of the proposed office building and re- connection to storm drain system on approved alignment. C. dedication of new utility easements for the re- routed storm drain. d. submit improvement time table for relocation and termination of storm drain facility. 3. All storm drain improvements shall be constructed to City standards, subject to the approval of the City Engineer and shall be completed according to approved time table. After reviewing the information presented by Mr. Crooks, the Mayor asked the City Council to take action on this item. It was MOVED by Raymond, SECONDED by Mallea that the request for an easement vacation in the Sanders Subdivision be approved subject to the conditions indicated by the Staff and the Staff be directed to prepare the appropriate Ordinance. Roll call vote. Those voting yes: Raymond, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Jarboe and Straight. (REPORT ON OLD JEFFERSON) MOTION CARRIED The Administrative Assistant explained that at the Council's direction, an asbestos report was received concerning the Old Jefferson Building. This Report was included in their packets along with the staff report on the uses of the building. Direction was now needed from the Council as to whether the City negotiates for the building or not. Councilman Winder was recognized and stated that since he was the one who wanted this report, he would MOVE that the report from Staff be accepted and an Executive Session be called for immediately following the Regular Council Meeting for the purpose of discussing the Old Jefferson Junior High situation. Councilman Raymond stated that he would second the motion, but he did not believe that they could combine a request for an Executive Session as part of another motion. It would have to be a separate item. Councilman Winder withdrew his motion with the approval of the second and MOVED that the report be accepted as given to them by Staff. It was SECONDED by Mallea. MOTION CARRIED MOVED by Winder that an Executive Session be called immediately following the Regular. City Council Meeting for the purpose of discussing the Old Jefferon Junior High School. The motion died due to a .lack of a second. Councilman Raymond explained that he would like to explain why he did not second this motion. Mr. Raymond stated that he was not sure that this was necessary if the Council decided not to enter into negotiations for the property. if they decided to not enter into negotiations for the property, Book 30 Page 237 the Executive Session was not necessary. Councilman Winder pointed out that if the Council does not have an Executive Session, he believed that any action taken by the Council is then public information. He would like for it not to be public until the owner of the property has an opportunity to see the report. MOVED by Raymond that the Council agree to enter into negotiations with Mr. Bushnell for the Old Jefferson Junior High property. The motion died due to a lack of a second. MOVED by Winder, SECONDED by Raymond that an Executive Session be called for immediately following the Regular City Council Meeting to discuss the Old Jefferson Junior High School. The Mayor repeated the motion stating that it would be called for the purpose of discussing property acquisition. The roll was called. Those voting yes: Winder, Houchins, and Raymond. Those voting no: Mallea. Absent and not voting: Jarboe and Straight. MOTION CARRIED Councilman Raymond pointed out that it takes one -half plus one of the full City Council to call an Executive Session. Therefore, the Council could not have an Executive Session at this time. MOVED by Mallea, SECONDED by Houchins that this report be forwarded to Mr. Bushnell for his consideration and that following his having read it, that the City Council and the Mayor make another decision concerning the Executive Session or the determination on this property. Councilman Winder stated that if this occurs, the news media is entitled to have a copy of this report this evening as well as anyone else in the audience. He did not believe it was fair to Mr. Bushnell to take this kind of action without allowing him to know the results of the study prior to the public receiving it. Councilwoman Mallea asked on what basis Councilman Winder believes that the report has to be released immediately to the public when it concerns negotiation for real estate_ Councilman Winder answered that there was no negotiations in process at this point. That was the reason for going into the Executive Session - to determine whether they wanted to enter into negotiation. At this time, the City only has a proposal from a gentleman to give property to the City. The City has indicated that there has to be a asbestos report. A sum of $5,000 was spent of taxpayer's money to secure that report and he believed that the taxpayers are entitled to that report immediately unless the Council is ready to actually go into negotiations for the property. Councilwoman Mallea further stated that she would like to have a legal opinion on whether or not a City has to release this report immediately. Councilman Raymond requested that the Chair make a ruling that since a proposal was made at some length by a citizen about sixty days ago concerning this property, that the City has been in negotiation. He believed that this whole process was part of negotiations and the Mayor has the right to handle this administratively. The Mayor stated that technically the City was in negotiations with the owner of the property. He was concerned that $5,000 of tax dollars was spent. At the time Book 30 ?-aqe 230 the $5,000 of taxpayer's money was spent for the study, they have the right to know what the money was spent for. The Mayor further said that; he did not think that the report was going to surprise anyone and everyone should have access to the report. The proper procedure at this time was to vote on whether to accept the report and he could see no reason to go into an Executive Session. This decision should be made openly. Councilman Winder stated that he agreed with the Mayor. Action should be taken by the City Council. Based on the report, the City should not enter into negotiations with Mr. Bushnell with the property. This motion should be voted down at this time, a vote taken to not accept the property, and the report sent to Mr. :Bushnell. The Mayor asked for a roll call vote. Those voting yes: Mallea. Those voting no: Raymond, Winder, and Houchins. Absent and not voting: Jarboe and Straight. MOTION DENIED MOVED by Winder that the City not enter into negotiations with Mr. Bushnell for the Old Jefferson Junior High School. Councilman Raymond asked if the motion couldn't be made in a positive fashion. As there was not a second, the motion died. MOVED by Rayond, SECONDED by Mallea that the City enter into negotiations with Mr. Bushnell regarding the Old Jefferson Junior High property. Roll call vote. Those voting yes: none. Those voting no: Raymond, Winder, Houchins, and Mallea. Absent and not voting: Jarboe and Straight. MOTION DENIED (SPECIAL MEETING TO CANVAS THE VOTES OF THE ELECTION) The Mayor explained that pursuant to Idaho State Code 50 -467, the Mayor and the City Council, within six days following any election, shall meet for the purpose of canvassing the results of the election and declaring the winners. Upon acceptance of tabulation of votes prepared by the election judges and clerks, and the canvass as provided, the results of both shall be entered in the minutes of proceedings and proclaimed as final. Therefore, it would be necessary to call a Special City Council Meeting for the purpose of the canvas on Monday, November 13, 1989. MOVED by Winder, SECONDED by Houchins that a Special City Council Meeting be scheduled for Noon on Monday, November 13, 1989, for the purpose of canvasssing the votes of the Municipal Election to be held on November 7, 1989. MOTION CARRIED (HOUSING REHAB - SIDEWALK IMPROVEMENT) The following memo was submitted by the City Engineer pertaining to this item: Several Council Meetings ago, the Staff presented a "Housing Rehabilitation" policy. At that time, the Council requested to also review a Sidewalk Improvement Incentive Policy. In addition, several other questions were asked. 1) Sidewalk Policy - we have attached a policy for your review. It has several options for consideration. 2) Housing Rehab Policy - we have not changed this. Please note Option 3 under the Sidewalk Policy Book 30 Page 239 designating $5,000 for this purpose. 3) Questions - the fiscal impact of this is hard to judge. It is anticipated that there will be approximately 40 new residential building permits and 80 residential remodel permits issued this year. If one - quarter were issued in our designated areas (older areas of town), then the impact of a $150 subsidy would be a $4,500 loss of building permit fees. However, these improvements would also cause higher assessed valuations, meaning an increase in property tax received. We have no way of knowing if this would offset any loss in fees. We have talked with several builders who expressed favor in this policy. At this time, we are asking for conceptual approval so we can proceed with the details. We would appreciate knowing what changes you would suggest and in the case of the Sidewalk Policy, what option you most favor. With this direction, we will further develop details, application forms and designate areas to be targeted. We will then bring these back to you at a later date. Mr. Redmond explained the three options pertaining to the sidewalks: Option 1 - Mandated Correction. Under this Option, the City would proceed with a systematic detailed inventory of the sidewalks in town. All property owners with hazardous sidewalks would be directed to repair their sidewalk as per the City's ordinance (within 60 days). Option 2 - Sidewalk Local Improvement District. City could establish a sidewalk Local Improvement District. Pareticipation could be voluntary (where upon the property owner identifies the need for repair and requests to be included) or mandatory (based upon the hazardous sidewalk inventory identified above). In both situations, administrative costs for the establishment of the L.I.D. would increase the unit cost of the improvement to the property owner. This additional cost may be offset by the benefits of long term payoff and reduced unit cost derived from doing a large scale project. Option 3 - Budget Matching Funds. Suggest budgeting $15,000 per year for sidewalks, curb and gutter improvements in street miscellaneous construction. Replacement facilities only will be considered. The matching funds to be dispersed in the following manner: A) $5,000 to be set aside for meeting the commitment on housing rehabilitation program. (for sidewalk, curb and gutter improvements). B) $10,000 to be set aside for Commercial /Residential Sidewalk /Curb and Gutter Improvements. Note: This would be the maximum dispersed in a given year. 1) A deadline date of June lst to be established each year for sidewalk assistance requests. Both Residential and Commercial. 2) After requests have been reviewed, City assistance to be equally dispersed among requesting property owners up to a maximum of 1/3 the cost of replacement. 3) If a significant number of requests are received and the anticipated 1/3 cost shared will exceed the $10,000 allocation, then the cost share will be reduced until the $10,000 limit is not exceeded. 4) Cost sharing shall only apply to sidewalks and curbs /gutters. 5 ) All requests coming in after June 1st subject to available funds remaining in initial $10,000 set aside. if no funds are available, request will be Hook 30 Paae 240 held until the next year's June 1st allocation. The City Council discussed this item at some length. It was then MOVED by Mallea, SECONDED by Raymond that the City Council adopt Option No. 3 providing matching funds from the City on a 1/3 - 2/3 basis on an incentive basis. The Mayor requested a roll call vote. Those voting yes: Mallea, Raymond, Winder, and Houchins. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED (RESOLUTION TO APPROVE CH2M AGREEMENT - PREPARE PLANS AND SPECS FOR PAINTING THE WATER TOWER) The City Engineer, Mr. ]Redmond, explained that this agreement was with CH2M Hill to write specifications and oversee the exterior painting of the City's water tower and other minor repairs required by the State. The tower must be painted periodically to protect it and it has been several years since it has been done. This will extend the surface coating life for a minimum of eight to ten years. The cost of the contract is $4,900 plus $50 an hour for inspection of the job. Cost to paint the tower is estimated to be around $50,000 to $65,000. These funds will come from the Water Miscellaneous Construction Fund. We have recommended this firm since they are fully familiar with our water system, having served as consultants for the City in this area over the past 20 years. The estimated costs are predicated. Councilwoma Mallea read the Resolution in full as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND CH2M HILL. 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 ful l by and between the City of Caldwell and CH2M Hill for the purpose of preparing contract documents for coating exterior of water storage tank. MOVED by Mallea, SECONDED by Houchins that the Resolution be passed authorizing the execution of the Agreement with CH2M to prepare plans and specs for painting the water tower. Roll call vote. Those voting yes: Mallea, Raymond, Winder, and Houchins. Those voting no: none. Absent and not voting: Jarboe and Straight. MOTION CARRIED (FINANCIAL REPORTS) In the absence of Councilman Jarboe, Councilman Raymond presented the financial report as follows: Vouchers payable in the amount of $301,937.31, October payroll in the amount of 8295,565.86 making a totale of $597,503.17. MOVED by Raymond, SECONDED by Winder to accept the Financial Report as presented, the bills be paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Winder announced the Team Caldwell Meeting on Thursday at 7:30 a.m. at Trolley Square. Councilwoman Mallea reported that the Treasure Valley Bank Book 30 Page 241 has approved the financing for the Perkins Restaurant which will be located at the Comfort Inn. There being no further business, the Meeting was adjourned at 8:85 p.m. APPROVED AS written THIS 20th DAY OF November Mayor C c' -lp rs Councilperson Coun perso Councilperson unc e Councilperson ATTEST: City Clerk"'—