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HomeMy WebLinkAbout1999-01-19city council minutesBook 40 Page 17 REGULAR MEETING JANUARY 19, 1999 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was presented by Dave Swanson from the First Christian Church after which the Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. ROLL CALL The Roll of the City Council was called with the following members present: Langan, Wells, Gable, Evans, Earl, and Ozuna. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. MOVED by Langan, SECONDED by Ozuna to add to the Consent Calendar Item No. 10 which was to approve a request for a Pawnbroker's License from Janet Burtchett dba as Pardner's Pawn located at 5312 East Cleveland Boulevard. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Gable, SECONDED by Evans to accept the Agenda as amended. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED SPECIAL PRESENTATIONS AND INTRODUCTION OF SPECIAL VISITORS Mayor Nancolas read the following Proclamation: WHEREAS, The City of Caldwell, Idaho will observe the second National Groundhog Job Shadow Day on February 2, 1999, as an opportunity to recognize and celebrate the importance of students experiencing the workplace first hand through mentoring and job shadowing. WHEREAS, Local companies will recognize the importance of partnerships between schools and businesses to ensure the economic prosperity of Caldwell and the ability of our students to participate in the global workplaces of tomorrow. Students will spend one half to one full day shadowing scientists, firefighters, graphic designers, mechanics, doctors, architects, teachers, government employees and workers from hundreds of other professions in an effort to see how their classroom lessons are put into action in the workplace. WHEREAS, America's Promise has joined with the National School -to- Work Opportunities Office, Junior Achievement and the American Society of Association Executives to spearhead this national effort to provide students with the opportunity to learn about and experience a wide range of possible career choices. WHEREAS, It is particularly fitting for Idaho to participate in and support Groundhog Job Shadow Day and encourage the continuing partnership of business and education in achieving their goals. It is fitting that parents, educators, businesses and other members of the local community join in local celebration in an effort to guarantee each student in lifelong learning experiences. NOW, THEREFORE, I, GARRET NANCOLAS, Mayor of Caldwell do hereby proclaim official recognition of February 2, 1999 as GROUNDHOG JOB SHADOW DAY Book 40 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of Caldwell to be affixed on January 4, 1999. The Mayor explained that a request was received from the National School to Work and the Idaho School to Work to present this Proclamation. This allows young people in the community to shadow or attend the day with local government officials, business people, and etc. It increases their awareness as to what is happening and an opportunity to form a relationship with an adult and hopefully encourage them to pursue whatever career they may be interested in. AUDIENCE PARTICIPATION Mayor Nancolas asked if there was anyone in the audience who cared to discuss an issue that was not included on the prepared Agenda. Bennie Peacock, 2009 Lansing, was recognized by the Mayor and expressed his concern with regard to controlling the wood stove smoke problem. CONSENT CALENDAR Mayor Nancolas presented the following items on the Consent Calendar: 1. Dispense with the reading of the minutes of the Regular City Council Meeting held on January 4, 1999, and approve as written; 2. Approve acceptance of the Historic Preservation Commission Meeting of September 9, 1998, and the Caldwell Industrial Airport Meeting of January 7, 1999; 3. Approve Resolution authorizing the execution of a renewal of a Farm Lease with Lawrence G. Atkinson located East of El Paso Road and North of Willis Road; 4. Approve a Resolution authorizing the execution of the City of Caldwell Flexable Benefits Plan; 5. Approve the appointment of Susan Imeson as the Deputy City Clerk; 6. Approve acceptance of deeds and easements involving Leonard Flahiff and the City of Caldwell; 7. Approve an Agreement to provide services between the Caldwell Chamber of Commerce and the City of Caldwell; 8. Approve the purchase of a replacement vehicle for the Assistant Chief of Training at the Fire Department; 9. Approve Order of Decision for Case No. SUP- 48A -98 in the matter of the Timothy Hogg appeal; 10. Approve request from Janet Burtchett dba Pardner's Pawn located at 5312 East Cleveland Blvd. MOVED by Langan, SECONDED by Earl to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. OLD BUSINESS MOTION CARRIED (PROTEST HEARING ON THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 99 -2 FOR CONSTRUCTION AND REPLACEMENT OF CONCRETE CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY APPROACHES) Page 18 r, 1 I The Mayor stated that this was the time established to hold the Protest Hearing on the formation of Local Improvement District No. 99 -2. This was for the construction and replacement of concrete curbs, gutters, sidewalks and driveway Book 40 Page 19 approaches. It was a voluntary L.I.D. and has been done for the last four or five years. After opening the Protest Hearing, the Mayor asked the City Engineer to give a short background report on this L.I.D. The City Engineer, Mr. Law, explained that this was a proposal for the formation of a Local Improvement District, this was the time set aside for the protest hearing to hear protests for both or against this formation, and it's purpose was to construct curb, gutter, and sidewalk, either replacement or new in various parts of the City. The City will participate and has budgeted funds to do so in the amount of 25% of the cost of the construction. The Mayor noted that there was no one signed to speak to this matter. He added that this kind of L.I.D. has really paid dividends to the City as far as beautification and upgrading the infrastructure. He then stated that Council would now consider the next item on the Agenda which was consideration of Bill No. 4 which was to create Local Improvement District 99 -2. (CONSIDER BILL NO. 4 TO FORM LOCAL IMPROVEMENT DISTRICT NO. 99 -2) Mayor Nancolas read Bill No. 4 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 99 -2 FOR CALDWELL, IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES, AND SIDEWALKS, PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL, ' AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. The City Engineer reminded the Mayor that it would be appropriate at this time to close the Protest Hearing before proceeding. MOVED by Earl, SECONDED by Ozuna to close the Protest Hearing. Roll call vote. Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Wells to waive the rule requiring that a bill be read at three separate times and that it be read by title only for the one reading. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Ozuna that Bill No. 4 be passed and entitled Ordinance No. 2264 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PRESENTATION OF THE AUDIT REPORT FOR 1997 -98) Book 40 Page 20 Mayor Nancolas recognized a member of the Audit Committee who was prepared to present the Audit Report to the City Council. Holly Claiborne, 4300 Freedom Drive in Meridian introduced herself and informed Council that the Audit Committee met with the Auditors, Members of the City Council and Mr. Waite on two occasions in the last couple of months. They reviewed the management letter and financial statement and had no significant concerns. At this time, they would recommend that the City Council accept the Auditor's Report for 1997 -98 fiscal year. Councilman Evans stated that the City was continuing to approve its financial condition. This was due to a lot of people who were trying see that the City goes in the right direction and has some reserve. Those from Council that attended the report from the Audit Committee have been very pleased with the report they had to present. The Mayor also commented by complimenting the Finance Department who have struggled through transition in their Department. Their ability to proceed on their own and then accept new direction and guidance from a new administration shows their ability to take care of the City. The City increased their Fund Balance by $130,000 over the last year which eliminates the necessity of borrowing money or crossing over the line as far as borrowing from fund to fund. There were several recommendations made in the report and several of those have already been put in place. Councilman Langan further stated that on April 1 the Council will review the Management Letter and request that the Finance Department give them a reading as to accomplished goals recommended by the Auditors. MOVED by Langan, SECONDED by Evans to accept the recommendation from , the Audit Committee to accept the Audit Report for the fiscal year, 1997 -98. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ACCEPT THE ASSESSMENT ROLL FOR L.I.D. 98 -2 FOR MISCELLANEOUS CONCRETE AND SET THE PROTEST HEARING FOR FEBRUARY 1, 1999) Gordon Law, the City Engineer, presented the background information on this matter stating that the proposal to Council at this time was to accept the Assessment Roll for Local Improvement District 98 -2. This was for miscellaneous concrete construction for the previous year. The total Assessment Roll presented for their consideration was $149,969.55. At this time, the procedure would be for the City Council to accept the Assessment Roll, if they were in agreement, and set a Protest Hearing for February 1, 1999. MOVED by Earl, SECONDED by Gable to accept the Assessment Roll for Local Improvement District No. 98 -2 and set the Protest Hearing for February 1, 1999. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION OF INTENTION FOR LOCAL IMPROVEMENT DISTRICT 99- 1 FOR THE PAVING OF GRAVEL STREETS) The City Engineer, Gordon Law, presented the information to the City Council stating that this was the proposed formation of a new Local Improvement District Book 40 Page 21 entitled L.I.D. 99 -1 which was the paving L.I.D. It was proposed under this District that portions of Washington, Spruce, Harrison, South Michigan, Tyler, North Montana, Uvalde and Marshall Streets be paved under this project. There have been petitions turned in, each of which exceed sixty percent of the possible members of the District. With each street, they have met the sixty percent rule for formation. Mr. Law further informed Council that in 1993, there was 13.3 miles of gravel streets within the City. At that time, the City Engineer made the observation that it was probably not an acceptable amount for the City of Caldwell and the Engineering Department and the City Council were to focus on this item. Since that date, we have annexed an additional 2 miles of gravel streets. As of today, we have 7.01 miles remaining to be paved. This proposed L.I.D. would pave an additional 4900 feet of gravel street. We have another 1645 feet of gravel street that was either to be paved by a pre- existing L.I.D, or under a block grant for a total to be paved this year 6,545 lineal feet. That would bring our total number of gravel streets down to 5.77 miles subject to future annexations. It was his observation that the City has made significant progress in the last four and a half years. The Mayor read the Resolution by title as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CONSTRUCT SEWER MAIN, STREET PAVING, AND DRAINAGE IMPROVEMENTS WITHIN SAID CITY; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 99 -1 FOR CALDWELL, IDAHO, A LOCAL IMPROVEMENT DISTRICT, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Earl, SECONDED by Evans to pass the Resolution of Intention and set the Protest Hearing for February 1, 1999. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED At this point in the meeting, the Mayor recognized a gentleman and his son who were present. They introduced themselves and explained they were present to work on Communication and Citizenship in the Community Merit Badges for the Boy Scouts. The Mayor also introduced his Father who was present at the meeting. (RESOLUTION OF INTENTION FOR THE FORMATION OF LOCAL IMPROVEMENT DISTRICT 99 -3 FOR CONSTRUCTION OF NEW AND REPLACEMENT OF CONCRETE CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY APPROACHES, DECORATIVE SIDEWALKS, LANDSCAPING AND STREET LIGHTS ON CITY RIGHTS OF WAY IN THE DOWNTOWN AREA OF THE CITY OF CALDWELL) The Mayor explained this Local Improvement District was for construction of new and replacement of concrete curbs, gutters, sidewalks and driveway approaches, decorative sidewalks, landscaping and street lights on City rights of way in the downtown area of the City of Caldwell. This was a result of the action Book 40 Page 22 taken by Council to approve Tom Ensley to come forth with some drawings for how the City of Caldwell could look like in the downtown area. This Resolution of Intention was to form this L.I.D. The City Engineer's memo stated that this L.I.D. was initiated by the City of Caldwell to allow property owners in the downtown area to pay the costs of concrete construction and replacement, landscaping and street lights over a ten year period. It was intended to be a voluntary L.I.D. to help defray the costs of replacing or installing concrete curbs, gutters, sidewalks and driveway approaches, decorative sidewalks, landscaping and street lights without a large initial cost to the property owner. The City will pay 25% of the costs of concrete improvements on City rights of way. The property owners will pay the remaining 75% of the cost of the improvements. The property owner will pay 100% of the cost for landscaping and street lights. It was the Engineering Department's recommendation was to pass the Resolution of Intention to form the L.I.D. and set a date of February 1, 1999 for the formal Protest Hearing. Mr. Law, the City Engineers, added that this L.I.D. was very similar as the one that was just approved with the exception of the additional items such as street lights and landscaping. The L.I.D. applies to a limited area of the City. The improvements were to be consistent with the plans and drawings that Mr. Ensley prepared at the request of the City Council. The Mayor added that the City properties in the area would be included and receive those upgrades. Also included would be the property Old Jefferson now stands as well as the new Police facility they were hoping to build. A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL, OF THE CITY OF CALDWELL, IDAHO, TO CONSTRUCT CONCRETE CURBS, GUTTERS, DRIVE APPROACHES, SIDEWALKS, DECORATIVE SIDEWALKS, LANDSCAPING AND STREET LIGHTS WITHIN THE DOWNTOWN AREA OF SAID CITY; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 99 -3 FOR CALDWELL, IDAHO, A VOLUNTARY LOCAL IMPROVEMENT DISTRICT, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Earl, SECONDED by Gable that the Resolution of Intention for L.I.D. 99 -3 be passed and that the Protest Hearing be scheduled for February 1, 1999. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPROVE PROPOSED CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF CALDWELL AND TOOTHMAN - ORTON ENGINEERING COMPANY) Gordon Law, the City Engineer, stated that this was a proposed Consultant Services Contract between the City of Caldwell and Toothman-Orton Engineering Co. The consultant services would relate to a 1.6 million dollar canal and street Book 40 Page 23 relocation and taxiway construction project. The proposed contract is in the amount of $250,402.66. The City requested that an independent firm evaluate the fee and scope of work for this project. They concluded that the consultant services fee should be $279,439.00. The City has presented the prime consultant and third party review fees to the FAA and recommended that the prime consultant be awarded the work. The FAA concurs with the recommendation. Mr. Law further explained that the focus of the project was the relocation of Notus Canal, the relocation of Aviation Way sufficient to open up a 32 acre area for development into private and commercial hangar space. The F.A.A. did give them verbal approval for the signing of this contract. MOVED by Gable, SECONDED by Earl to approve the Consultant Services Contract Agreement between the City of Caldwell and Toothman-Orton Engineering Company. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (APPROVE RESOLUTION AUTHORIZING THE EXECUTION OF THE ANIMAL CONTROL AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY) EIJay Waite, the Finance Director, presented the background information on this item. Mr. Waite explained that the City's participation with the Animal Control has grown from $20,000 a year to just over $60,000. There was a need to look at how this Agreement was structured for Nampa and Caldwell. Mr. Gunstream along with Al Showalter were also involved in looking at this Agreement. There ' will be a change in the allocation numbers for next year which should bring the cost to both cities down. One of the reasons the cost went up so much was because they have upgraded their equipment. The Director was doing a good job and he was receiving a count on the number of animals that were being taken to the facility from Caldwell. Mr. Waite further said that he reviewed the Agreement which calls for three payment installations. He would recommend that the Resolution be passed. Mayor Nancolas pointed out that the City Attorney has also reviewed the documents and the County has already approved the Agreement. The Mayor read the title of the Resolution as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ANIMAL CONTROL AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY. MOVED by Earl, SECONDED by Wells to approve the Resolution authorizing the execution of the Animal Control Agreement between the City of Caldwell and Canyon County. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Gable reported that the Finance Committee has reviewed current accounts payable in the amount of $389,146.97 for the period ended January 19, 1999, and a net payroll of $131,201.17 for the pay period ended January 2, 1999. Book 40 Page 24 MOVED by Gable, SECONDED by Earl that accounts payable in the amount of $389,146.97 represented by check numbers 61400 through 61589 and payroll for the amount of $131,201.17 represented by check numbers 63972 through 64168 and direct deposit stub numbers 9722 through 9826 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Langan reported that he attended the Senior Citizen Board meeting which went quite well. His wife, Margaret, was also appointed as the Liaison from the Mayor's Office and they were both pleased with the way the meeting went. They were talking about the possibility of changing the number of meals served to five days a week. Councilwoman Ozuna informed Council that they would soon be working on the Cinco d' Mayo Celebration. She was also working with Diane Miller on the Youth Fest and she was on the Board of Directors. Councilwoman Earl stated that she appeared before the Nampa Planning and Zoning Commission where they discussed the need for sidewalk L.I.D.s She did inform them how well those projects were doing in Caldwell. Mrs. Earl also reported on some of the activities occurring in Canyon County. Councilman Evans reported that along with Councilman Gable, attended the Audit Committee Report meeting on Friday. It was very positive and there was some discussion as to how to respond to some of the suggestions they had. It was ' also determined that they would have a follow up meeting to discuss the progress made. He believed that the City was in good shape financially and how it took hard work to reach that point. Councilman Gable commented that he attended the Airport Commission Meeting. He also attended the Audit Workshop which he found to be very informative and would ask the Mayor to send a letter of thank you to Mike Goddard, Holly Clairborn, and Eric Brye for their work on the audit. He also attended the informational meeting regarding the proposed new Police Department Building which was very interesting. There was to be another public meeting on February 2 °d at the High School. Councilman Wells stated that he discussed the possibility of having the various meetings written down in a memo form to remind Council of when and where they needed to be. He also mentioned the Martin Luther King Celebration and how well the Mayor spoke at that time. Councilman Langan briefly discussed an upcoming workshop in Weiser and encouraged members of the City Council to attend. (MAYOR'S COMMENTS) Mayor Nancolas commented on the following items: The State of the City Address at the College last Tuesday; discussed the Rebuild Idaho which was an energy conservation program and that they have asked Caldwell to be the model City for Idaho; were still in the process of formalizing the public transportation system that will be coming to Caldwell; he met with Treasure Valley Transportation on strategic planning; entered into a verbal agreement with the National Guard and the J.C.C. Center to put man hours into helping the City with projects that we have not been able to accomplish; commented on how well done the Martin Luther King Celebration was; the Regional Public Transportation I I I