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HomeMy WebLinkAbout1995-11-20city council minutesBook 36 REGULAR MEETING November 20, 1995 7:30 p.m. The Meeting was called to order by Mayor Winder. Page 278 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: Nancolas, Langan, Carpenter_, Hcuchins, Raymond, and Earl. Absent: none_ (ADDITIONS OR DELETIONS TO THE AGENDA) Mayor Winder asked if there were any changes to the prepared Agenda for the meeting. It was MOVED by Langan, SECONDED by Nancolas to delete Number 1 under New Business, the Resolution to accept the Drug and Alcohol Policy. Roll call vote. Those voting yes: Langan, Carpenter, Houchins, Raymond, Earl, and Nancolas. Those voting no: none. Absent and not voting: none. MOTION CARRIED (INTRODUCTION OF SPECIAL VISITORS) Since there were no special visitors at the meeting, the Mayor declared that the business would continue as outlined. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to address the City Council at this time on any item that was not on the prepared Agenda. Bennie Peacock, 2009 Lansing, was recognized and discussed at some length his problem with a neighbor's dog. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for Council consideration: 1. Dispense with the reading of the minutes of the November 6, 1995, Regular City Council Meeting and the Special City Council Meeting of November 9, 1995, and approve as written; 2. Accept the minutes of the following boards and commissions: Caldwell Golf Board Meeting on October 10th, 1995; and Library Board Meeting of November 2, 1995; 3. Approve the following Resolution for lease cancellation. held by Ogstad, Taylor and Taylor: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CANCELLATION OF AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND SCOTT TAYLOR. 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 cancellation of an Airport Ter_an.t Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Scott Taylor. Book 36 4. Approve the following Resolution for an Airport Land Lease Agreement with M.C. and D-J. Stanley: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT LAND LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND M.C. AND D.J. STANLEY. 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 Land Lease Agreement at the Caldwell Industrial Airport attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and M.C. and D-J. Stanley; 5. Approve the following Resolution to authorize execution of the City Street Finance Report; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CITY STREET FINANCE REPORT FOR THE CITY OF CALDWELL. 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 City Street Finance Report attached hereto and made a part hereof as if set forth in full in accordance with Idaho Code 40 -708; Wage 273 6. Approve the following Resolution to adopt the By -Laws for the Finance Committee: RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO SET BY --LAWS FOR THE FINANCE COMMITTEE OF THE CITY OF CALDWELL. BE IT RESOLVED That the Mayor and City Council of the City of Caldwell, be and the same hereby are, authorized to adopt those certain By -Laws of the Finance Committee of the City of Caldwell attached hereto and made a part hereof as if set forth in full. MOVED by Nancolas, SECONDED by Houchins to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. OLD BUSINESS (PUBLIC HEARING ON THE STATUS OF THE IDAHO COMMUNITY" DEVELOPMENT BLOCK GRANT) Mayor Winder explained that this Grant was a joint project between Ida -Ore Planning and Development Association and the City of Caldwell. The purpose of the Hearing was to give the City and Ida -Ore an opportunity to report on the progress of the project. The Public Hearing was opened by the Mayor. Jim Birdsall, representing Ida -Ore Planning and Development Association, was recognized by the Mayor and briefly reported on this project. Mr. Birdsall explained that the Hearing was in accordance with established citizen participation plan and the purpose was to review status and progress for the incubator project which was partially funded by the Idaho Community Development Block Grant, formally known as ICDBG- 93- 3- 34 -ED. Mr. Birdsall continued summarizing project activities including project design and inspection activities. They retained the firm of Architects Incorporated to provide these services; the total contract amount for this work was a little over $67,000 and as of today, $62,000 has been spent on that contract. Secondly, construction was split between two contractors; one retained for on site Book 36 Page 280 development services for a total contract amount of approximately $167,000 and of that amount, about $107,000 has been spent so far_. In addition to the site development, Sundance Construction Management, .Inc. was low bidder and was retained for constructing the buildings for a total contract amount of $1,368,772 and to date, $986,307 have been spent. Just under five acres of land was purchased. That purchase was an arrangement where they spent $51,875 in cash and the seller offered a balance in donation valued at $30,920. The total appraised value on the land was $82,800. Mr. Birdsall further stated that just generally regarding accomplishments, the exterior construction on both buildings was nearly completed. Building No. 1, the larger one, was about 23,000 square feet in size and will house not only administrative offices, but also some professional lease space as well. The majority of that space, however, will be taken up with general manufacturing. The building was constructed in a manner that could allow for eleven individual bays in that one structure. Building No. 2 sits on the back half of the lot and was approximately 7,000 square feet and was specifically to house a specialty food processing center and warehouse for supplies for that center_ Briefly, some of the work remaining to be done included grading and paving and construction of Chicago Street sidewalk. In Building No. 1, some final interior finishing needed to be completed. Telephone service also has to be installed and the entry side walks were just being finished. They were still in the process of completing the interior of Building No. 2, primarily focusing on the food processing floor and final installation of the boiler, freezer, and some stainless steel :,Tork surfaces and storage cabinets- There may also be some additional equipment installation yet to happen on that building. Mr. Birdsall stated that there has not been many changes. Regarding the general scope of the overall project, there were nc changes to date. what was proposed was going as planned. Bids did not come in exactly as hoped; they were a little bit high so they were planning to increase the total project budget by approximately $250,000. This will be arranged through financing sources directly with Ida -Ore and that will be applied towards final equipment needs especially the food processing center. The early estimates on the equipment needs in the Center have changed since the original plan and in no small part, due to some regulatory requirements that changed. They were working with some local banks to arrange lines of credit. In terms of the project schedule, they will probably need to work in some kind of a time extension. Originally, they planned to be finished by December or January_ In reality, that was going to probably stretch on to February or March and certainly March for opening the food processing facility_ Most of the delays were involved in ordering equipment that was back ordered or just final decisions as to what pieces of equipment they wanted to purchase. No changes were made in location and in terms of expected beneficiar.i_es, there were no changes. Mayor Winder thanked Mr. Birdsall for his report and since there were no comments at this time, the Mayor asked for a motion to close the hearing. MOVED by Houchins, SECONDED by Earl that the Public Hearing be closed. Those voting yes: Houchins, Raymond, Book 35 Earl, Nancoles, Langan, and Carpenter none. Absent and not voting: none. Those voting no: MOTION CARRIED The Public Hearing was closed by the Mayor. NEW BUSINESS (ACCEPT ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 95 -1 - TERRACE L.I.D. AND SET PUBLIC HEARING FOR DECEMBER 4, 1995) Mayor Winder explained that the Council's action with regard to this item was to simply accept the Assessment Roll for Local Improvement District 95 -1 and set the Public Hearing. MOVED by Nancolas, SECONDED by Earl that the Assessment Roll be accepted for Local Improvement District 95 -1 and a Public Hearing be scheduled for December 4, 1995. Roll call vote. Those voting yes: Nancolas, Langan, Carpenter, Houchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON ANNEXATION OF PROPERTIES ALONG CLEVELAND BOULEVARD BETWEEN USTICK AND MIDWAY) Mayor Winder informed Council that this item was a Public Hearing on the proposed annexation of properties along Cleveland Boulevard. He asked if there were any documents to be entered into the record other than the Staff Report. Richard Eismann, Attorney at Law, presented three documents for the record: Letter from Eismann Law Offices to Nancy Huff; and two Warranty Deeds; one relating to the Morroney property and the other a transfer of property. The Clerk noted these documents as I, II, and III. Staff Report was to be included as IV. The Mayor further stated that the purpose of the Hearing was to consider the annexation of property located in the area between Ustick and Midway Roads along Cleveland Boulevard. Along with the annexation would be a zoning change from County zoning to City zoning which was basically the same: Service Commercial and Light Industrial. Also, Council would be asked to confirm the Comprehensive Plan Land Use which the City already has in place. The applicant was the City of Caldwell. The applicable sections of the Code were Idaho Code, Section 50 -222 and the City Zoning Ordinance, 10 -01 -07 and 10 -03- 03. He further explained the procedure for the Hearing after which the Public Hearing was opened and the City Clerk swore in those requesting to testify. Councilman Nancolas stated that he would ask to be excused during this item since it was a conflict of interest and he would be abstaining on the next three items. The Mayor agreed to his request. The Planning and Zoning Director presented the background information stating that the conditions for annexation were that the territory to be annexed be contiguous or adjacent to the City, contiguous or adjacent territory must be in the Area of City Impact; the territory can reasonably be assumed to be used for orderly development of the City; further, the territory be subdivided into lots or blocks of five acres or less or the owner has sold or begun to sell parcels within the territory in tracts not exceeding five acres or the owner requests Page 281 Book 36 Page 282 annexation in writing or the territory was entirely surrounded by properties already within the City Boundaries. Ms. Huff continued stating that based on the existing Plan designation, surrounding zoning and surrounding land use, the Planning and Zoning Commission forward the following recommendation to the City Council: 1. Confirm a Comprehensive Plan use designation of Industrial for the properties north of Arthur Street extended; 2. Adopt a Zoning District classification of M -1 (Light Industrial) for the properties north of Arthur Street extended; 3. Confirm a Comprehensive Plan land use designation of Commercial for the remaining properties; 4. Adopt a Zoning District classification of C -3 (Service Commercial) for the remaining properties. The law used for testing reasonableness of annexation for orderly development defined by the Idaho Supreme Court was Poise City v. Boise City Development Co. (1925) . The findings concluded were: 1. it provides advantages to the City; 2. It makes the City limits more symmetrical; 3. It is needed in order for the City to provide uniform grade and street alignment; 4. It protects public health and convenience; 5. The services that the City provides are needed in the area to be annexed. Testimony was then heard in favor of the annexation. Karen Hagen, who owned the property at 6122 Cleveland Boulevard and home address was 9325 Cherry sane in 'Nampa. Ms. Hagen stated that she was basically there to ask questions with regard to taxes, water and sewer and if -- she would have a say in whether she had to connect to services and how it would effect her business. The Mayor informed her that the Staff would be happy to respond to her questions regarding costs or tax rate and would suggest she stop by City Hall and discuss her concerns with them. The only person signed to testify against this annexation was Richard B. Eismann, Attorney at Law, 3016 Cleveland Boulevard, who was present on behalf of Farwell Auto Body, Inc. Mr. Eismann presented a history on the Farwell business and explained their objections to the annexation. The tape will be retained in the Office of the City Clerk for six months and available to anyone desiring to review it. At the conclusion of the testimony, the Mayor requested a review of the documents to be included with the record. The Clerk noted as follows: I. Letter from Mr. Eismann to the Planning and Zoning Director; II. Warranty Deed; III. Warranty Deed; and IV. Staff Report. It was then MOVED by Earl, SECONDED by Carpenter to accept the documents to be entered into the record. Roll call vote. Those voting yes: Earl, Langan, Carpenter, Houchins, and Raymond. Those voting no: none. Abstain: Nancolas., Absent and not voting: none. MOTION CARRIED Mayor Winder then asked for comments and questions from the Members of the City Council. The discussion included conditions existing when Happy Day Ford was annexed and the present conditions regarding Farwell property; Book 36 legalities to be determined by the City Attorney and Council's recommendation that an opinion be requested from him; propose that this item be tabled until the last meeting in December and move forward with the Bill in an amended state dropping the two pieces of property owned by Farwell and continue with the annexation; addition of two others to the annexation process and the increase of costs in contracting the legal description; whether a hearing would have to be held for the two added properties and the fact that they should be included in Bill No. 59. MOVED by Houchins, SECONDED by Earl to close the Public Hearing. Roll call vote. Those voting yes: Houchins, Raymond, Earl, Langan, and Carpenter. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MOTION CARRIED The Mayor officially closed the Public Hearing. He stated that it appeared that Council was not prepared to make a decision on this matter at this time. The suggestion was that Council postpone action to allow an opportunity to review the legalities with the Staff. The Planning and Zoning Director stated that it was important to get an expedient answer from the Attorney so the recommendation could be made to the surveyor since they were already contracted. Councilman Houchins commented that he spoke with the Attorney who indicated that he would be at the meeting later on as he had a previous engagement. It was his desire that Council not drop the entire action on Bill No. 59 and move forward on those properties that were not being contested. The third reading would not be until the second meeting in December which would give both Attorneys time to complete their research. Mayor Winder read Bill No. 59 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LANDS LAY CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 (SERVICE COMMERCIAL) AND M -1 (LIGHT INDUSTRIAL) ZONING DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE, SECTION 63 -2219, The Mayor pointed out that the Bill indicates that the legal description was to be provided at a later date. Councilwoman Earl stated that because there was not a legal description, she felt a little uncomfortable. At the very beginning, the Bill indicates the property described below and she thought that information should be provided. She wondered why the City Attorney felt the Council should continue on with it tonight and hold back on part of it. Page 283 Book 36 Page 284 Councilman Houchins commented that he only talked with the City Engineer and did not speak with Mr. Harris. He pointed out that there would be three readings of this Bill and it could be amended or changed at one of those readings_ Councilwoman Carpenter pointed out that by the third reading, they would have to have a complete legal description. Therefore, a decision would have to be made before that time. Councilman Raymond reminded Council that they were talking about a forced annexation and he had not been shown that there was any kind of am emergency. There were people who had concerns about this annexation and he felt that the City should wait until everything was in good order before proceeding. Council has the option to waive the rules and pass at one meeting. Mr. Raymond stated that he would prefer allowing Staff time to get all of the factors put together. MOVED by Houchins, SECONDED by Raymond to suspend any action on Bill No. 59 until the next scheduled Regular City Council Meeting, December 4, 1995, and at that time have a legal description and a complete list of properties included and not included. available and have a legal opinion from the City Attorney. Roll call vote. Those voting yes: Houchins, Raymond, Earl, Langan, and Carpenter. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MOTION CARRIED It was then MOVED by Houchins, SECONDED by Raymond that the same action, to table until the next Regular City Council Meeting on December 4, 1995, apply to Bill No. Go. — Roll call vote. Those voting yes: Houchins, Raymond, Earl, Langan, and Carpenter. Those voting no: none. Abstain: Nancolas. Absent and not voting: none. MOTION CARRIED (RESOLUTION FOR VACATION Or UTILITY EASEMENT IN THE NICOL- F'ARWELL ADDITION) The Planning and Zoning Director presented the background information stating that the petition to vacate the easement between Lots 1, 2, 3, 4, and Lots 8, 9, 10, 11, Block 3, Nicol Farwell Addition, was received on October 6, 1995. The applicant, Thomas Edmark, owns the lots adjacent to said easement. He wishes to construct a large building in the center of the block. The existing easement splits the block in half. The applicant wants to utilize the block for a large building. It has been determined. that this easement has not been utilized because services were located in the adjacent streets. Notification of said requested vacation was sent by Staff to utility companies and affected City Departments. Positive responses were received since utilities had been established elsewhere. Staff's recommendation was to approve based on the fact that utilities were established within street rights -of -way rendering this easement unnecessary. Mayor winder read the Resolution by title only as follows: THAT A RESOLUTION RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT Book 36 Page 285 VACATION OF THE EASEMENT BETWEEN LOTS 1, 2, 3, 4, AND 8, 9, 10, 11, BLOCK 3, NICOL FARWELL ADDITION, CALDWELL, CANYON COUNTY, IDAHO, ACCORDING TO THE PLAT OF NICOL FARWELL ADDITION, FILED FEBRUARY 15, 1961, IN PLAT BOOK 6, PAGE 9, IN THE OFFICE OF THE CANYON COUNTY RECORDER, CANYON COUNTY, IDAHO; IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO. MOVED by Carpenter, SECONDED by Houchins that the Resolution be passed for the vacation of utility easement in the Nicol - Farwell Addition. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Earl, Nancolas, and Langan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee has reviewed current accounts payable in the amount of $352,329.87 for the period ended November 15, 1995, and a net payroll of $108,943.98 for the pay period ended November 11, 1995. MOVED by Earl, SECONDED by Houchins that accounts payable in the amount of $352,329.87 represented by check numbers 45030 through 45220 and payroll for the amount of $108,943.98 represented by checks number 53871 through 53973 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Carpenter, Houchins, and Raymond. Those voting no: none_ Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilman Langan thanked Councilwoman Earl for her time spent in preparing the By -Laws for the Finance Committee. Councilman Nancolas informed Council that there was to be another Area of Impact Meeting on Wednesday morning. Councilwoman Earl reported that last week was National Read to Children Week and she was invited to Sacajawea School to read to a class there. Councilman Houchins stated that he met with the Caldwell High School to discuss their use of O'Connor and adjacent buildings. Armed with that information, the City has a better understanding going into negotiations with them. Councilwoman Carpenter stated that there was a movement at the High School to establish a paper recycling program. B.F.I. has expressed an interest in working with the schools. She felt it would be appropriate for City Hall to participate in this program. (MAYOR'S COMMENTS) Mayor Winder reported briefly on parking tickets in the downtown area, the new Caldwell Chronicle that was a new monthly paper in Caldwell, Veteran's Day Ceremony, been working on obtaining some property on Canyon Hill, a Traffic Committee meeting held last week, Destination 20/20 was moving forward, meeting of the A_I_C. Legislative Committee, met with group in Meridian dealing with ground water study, and was working on obtaining an estimate on the cost of demolishing the Bushnell Center. Book 36 (ADJOURN) MOVED by Nancolas, SECONDED by Earl that since there was no further business, the Meeting he adjourned at 9:05 p.m. Roll call vote. Those voting yes: Nancolas, 7.angan, Carpenter, T4ouchins, Raymond, and Earl. Those voting no: none. Absent and not voting: none. MOT ON CARRIED APPROVED AS written THIS Zzt'a DAY OF Deceii)ber 1995. Mayor Coy ilpes:6n C 0 uncvIperscri-' n -'Couhcflp6rsrbn,—,, < Councilperson Cb ATTEST: Page 286 City ClerK-'