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HomeMy WebLinkAbout1979-01-23city council minutesBook 20 SPECIAL MEETING January 23, 1979 12:00 Noon The Meeting was called to order by Mayor Pasley. Page 35 The Roll of the City Council was called with the following members present; Olesen, Williams, Raymond, Hopper, and Bauman. Absent: McCluskey. (PUBLIC AUCTION FOR THE SALE OF GEORGE GOIRI PROPERTY) The Mayor stated that this was the time advertised for the public auction for the sale of the George Goiri property located on KCID Road South of Linden. The sale was published in the newspaper twice along with a m ap of the area which was for sale. The Mayor then pointed out the property in question on a map for those who may not have seen it in the paper. He explained that there was 18.154 acrea and in addition the purchaser must give an avigation easement and in addition to that there will be substantial acreage on one portion which can be rented for farm purposes. The house will be sold separately. The property was appraised at $65,000 by an appraiser from Nampa, the house was appraised at $1,500 and the house must be moved by the end of six months. The Mayor further explained that the procedure was that if there was any bids that exceeded the appraised price the City Council will accept the highest bid. There was to be 10% paid down at the time of the Council's acceptance and 90% when the deed was delivered to the purchaser. In the caseof the house, the money was all due now. The Mayor then opened the bidding for the 18.154 acres of the farm formerly owned by Mr. Goiri. He then asked if there was any bids. The Mayor commented that the law providesthat if there are no bids, that sealed bids can be presented to the City Clerk for any time that was set, which would be through and including February 2, 1979 at whatever price they would wish to offer. It would then be the City Council's determination to accept or reject any or all bids. If they deem the bid satisfactory, the land then will be sold to the highest bidder. He also told the audience that the City Attorney was present if anyone had any questions they cared to ask. There was no bids presented for the George Goiri property. The Mayor then declared that inasmuch as there was no bids, did anyone have any questions regarding the sealed bids. He again stated that the sealed bids would be accepted at the City Clerk's Office in the front office up and through February 2, 1979. The Mayor said that the successful bidder on the sealed bid would have first chance to rent the property between the property line of the land to be sold and the fence around the runway and also the City has approximately 35 acres of the Campbell property that would be a natural to include in that same arrangement for farming which would be available for lease. There was also approximately 45 acres in the present airport that was farmed last year. Councilman Hopper was recognized and stated that it was more like between 25 and 30 acres. This 25 to 30 acres would also be availabl6 ofor rental. Councilman Hopper asked if the sealed bid procedure would be an open meeting. The Mayor said that the sealed bids would be turned in through Book 20 Page 36 February 2nd, 1979 and will be opened February 6, 1979, the official City Council Meeting at 7:30 p.m. Councilwoman Williams asked if there was a time of day limit on the 2nd of February. The Mayor stated that this would be 5:00 p.m. on February 2, 1979. The Mayor asked if there was any further questions regarding the sealed bid procedure. Since there was none, the Mayor stated that the Meeting would now be open for a sale of the house appraised at $1,500 and it was subject to being moved within six months. The Mayor then asked if there was anyone who wished to bid on the house. One member of the audience asked about the trees around the house-:- The Mayor stated that they could have the trees if they would cut them down and use the wood. The Mayor explained that the F.A.A. stated that the trees were too high and that the City was to give them away to anyone who cared to have them for firewood. The audience also asked if they were to just take what other buildings were there or could leave them. The Mayor stated that this was correct. They could take what they wanted or leave what they didn't want except for the house. Mr. Berlyn Jameson of Route 5 was recognized and stated that he would bid $1,500 for the house. Since there was no other bids on the house, the Mayor stated that the City Council would accept Mr. Jameson's check for $1,500 at this time and a receipt would be given to him for the purchase of the house on the Goiri property. Mr. Jameson then asked if they would accept cash which they assured him that they would. MOVED by Raymond, SECONDED by Bauman that the City Council accept the bid for the house on the Goiri property in the amount of $1,500 from Mr. Berlyn Jameson. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, Olesen, and Williams. Those voting no: none. Absent and not voting: McCluskey. MOTION CARRIED Mr. Jameson then presented the City Clerk the cash in the amount of $1,500 for which he was presented a receipt. The Mayor asked Mr. Jameson if he intended to take the trees. Mr. Jameson said he was not sure at this time. The Mayor asked if he would please let him know if he decided not to take the trees. Mr. Jameson assured him that he would. (REMINDER BY THE MAYOR OF THE JOINT MEETING WITH THE NAMPA COUNCIL) The Mayor said that he would like to remind the members of the City Council of the joint meeting to be held on Wednesday, January 24th at the Thoroughbred with the Nampa City Council at noon. He informed the Council that he might be late due to a doctor's appointment. He also mentioned that someone from the A.I.C. would be there to discuss legislative issues. (DISCUSSION REGARDING CLASS ACTION SUIT BROUGHT AGAINST THE CITY OF CALDWELL'S WATER POLICY AND WATER ORDINANCE) The Mayor stated that while the City Attorney was still at the meeting he would like to discuss or bring before the City Council discussion as to what they wished to do concerning the judge's decision on the class action suit brought against the City of Caldwell's policies regarding water and water ordinance. The Book 20 Page 37 Mayor said that the City had two alternatives; one was to appeal the decision and the other was to comply with the decision. He stated that it grieved him that the Public Utilities Commission with their barrage of attorneys do not require the private utilities such as the power company, the gas company and the telephone company to hold any kind of a hearing before their service was disconnected. The Mayor further commented that with no consultation with the City Attorney, and unless he advised differently, he was hopeful that the City Council would decide to appeal the case because he felt that the City was being unjustly discriminated against. Councilwoman Williams said that she would like to ask some questions regarding the hearing that would have to be held before the water can be turned off. She wanted to know just what kind of a hearing would have to be held. The Mayor answered that Nampa has appointed a group of their people within the City Hall to constitute an Appeals Board and a person can write to them and request a hearing at any time they felt they were being discriminated against. The Mayor then read to the Council the notice that Nampa has prepared to send to those people delinquent in their water bill: If you are dissatisfied with the result of the pre- termination conference, you have the right to request a formal hearing. If that request is made in writing within 10 days after the pre - termination conference, your water will not be shut off prior to a formal hearing. You will have an opportunity to be represented by counsel, to confront witnesses, to present evidence, and to be judged on the facts presented at the hearing. You may request a formal hearing by filling in the information _,. asked for below and delivering or mailing it to City Hall. The request read as follows: I request a formal hearing prior to the termination of my water service. The reasons I request the hearing are: There is then a:place for the date, name, and address and lines provided for the reasons. Councilwoman Bauman asked if this notice was sent out with the water bills or if the delinquent water users have to come and pick it up -at the City Hall. The Mayor replied that the notice was sent out with the bills that were delinquent. In other words, the City would have to put the notice in an envelope rather than send out as a card which was what was done at this time. Approximately 25% of the City of Caldwell's bills have the termination date on them; in other words they are sixty days delinquent when they go out. That amounts to approximately 1,300 a month or 15,600 a year. That would increase the City's mailing cost by 50 %; instead of 10q postage, it would become 15e, This would not take into consideration the time that would be required by personnel to go through and fill out the forms and put them into the envelopes. The City would have a substantial increase in the cost of operation of the Slater Department. In order to keep the discontinuance of service to schedule, and if the Council's decision was to not appeal the case, the Mayor'suggested the following: Book 20 Page 38 The enclosed statement shows your water bill is past due and subject to service being discontinued. If the bill is in conflict with your records, feel free tc discuss it with the girls in the Water Department or the Mayor. An Appeals Board meets in the Council Room every Wednesday at 9:00 a.m. If you are dissatisfied, please present your case, either with or without counsel, to the Appeals Board on the Wednesday prior to your turnoff date. This notice would give them an opportunity to make a formal appeal and still keep it within the turnoff date. Whether this would be satisfactory to the City Attorney or with the attorney instituting the class action, he was not sure. _ Councilwoman Williams was recognized and said if this was satisfactory with the attorney and met with the requirements, what would be the possibility of the City trying this for two or three months and see what would be involved. Getting into appeals would cost a lot of money. The Mayor stated that the average amount of turnoffs was ten a week. Councilman Olesen stated that he was certainly not satisfied with the Judge's final decision. Wayne Davis, the City Attorney, was then recognized and explained the situation at some length. He stated that this due process of law under the Constitution of the State of Idaho and of the United States seems to be quite popular. FIe said that this was not the only field and stated other situations that have come under this same type of questioning and have gone to court of it. He stated that he would like to ask the City Council at this time not to decide whether to appeal or not. There was two questions involved here and one that was not decided by the Supreme Court was whether or not the right to receive water was a property right. This has never been decided in the State of Idaho, but in other jurisdictions, and many of them, the right to receive water is a property right and can't be deprived without due process of law. He continued that there was one thing that seemed to bother Judge Doolittle in this matter and that was becuase of the mechanical age of the computersystem by sending out the bills. The Judge seemed to be afraid that through some mistake of the computer that somebody's water would be cut off. That someone was to be designated to listen to the patron so that he can air his views in case there was a mistake was what he felt the Judge was asking for. Mr. Davis said that he had carefully reviewed the case and so had the Mayor and the procedure of the City of Caldwell was far more liberal than the Public Utility Commission. To meet minimum requirements was to have a Board to listen to their complaint and to try to show the City that there was a mistake in their water bill. He further stated that he had talked with the attorney on the other side and they were to present to Mr. Davis a proposal as to the minimum requirements that they would be satisfied with. He recommended that the City wait and take a look at this proposal before a decision was made with respect to making an appeal. To appeal the matter, there was always a chance of failure as well as success. If the proposal was not too burdensome, the City may choose to follow their requests. He was not asking the City to close the door on the issue, but simply to wait until they present their proposal. Book 20 Page 39 Councilman Raymond was recognized and asked if Mr. Davis could give them a cost.for the appeal and also if there was a time limit involved. The Attorney answered that the time was not running as yet because no order has been signed. As he recalled, he thought the City had to make up their mind within forty days. Again, he stressed that the City of Caldwell's procedure now was more liberal than any other_ City that he knew of. In the first place, Caldwell did not require a. deposit to.deliver water. They actually receive water on credit and pay after they use it as well as having a grace period before they are delinquent. But there was the one lacking thing and that seemed to be of importance to the .fudge which was the lack of the Board of Appeals. Councilwoman Bauman was recognized and asked if it might be possible for Caldwell to agree to show the procedure on the bill itself. The City Attorney stated that this might be if it was not too arduous or burdensome, but he would still recommend waiting to decide on the appeal. The Mayor said that if a Board of .Appeals was required it could easily be put together_ with personnel within the City. He had in mind the Water Superintendent, City Clerk, City Engineer, Assistant Engineer, Building Superintendent, and himself. He felt this was a large enough board so that if someone was unable to attend there would be plenty of others. He planned for them to meet every Wednesday morning at 9:00 a.m..-If there was no business, they would simply adjourn. Councilwoman Williams asked if the penalty for turning the water back on was still $2.00. The Mayor assured her that it was still the $2:00 charge. She wondered if increasing this fee might discourage people from letting their bills become delinquent. The City Attorney stated that there should be no apology here. No one was complaining about the $2.00. They were simply complaining about a possible mistake and that there be someone to listen to their complaint. Councilman Raymond said that the City would definitely have to give consideration to the fact that this would take five people away from their work on Wednesday morning which would actually cost the City money. It was his feeling that perhaps the turn on charge should be increased. Councilman Hopper stated that he was certain that the City was already losing money by having to go out to turn the water on and off. The Mayor then asked all on the City Council if it was agreeable to them to follow the City Attorney's suggestion and hold the decision of appeal in abeyance until hearing from the people regarding their proposal. Councilman Raymond- stated that he would like to ask the City Attorney what it would cost if the City would decide to appeal. The Attorney said that this was a very difficult question to answer as it would take time and money., With the way the courts operated at the present time, the City probably wouldn't have a decision for at least two years. He then said that the expense would probably be around $1,500. The Mayor then stated that if the City had to have a form printed Book 20 Page 40 and.s.end it to.an average of 1,300 people a month with a 50% increase in postage, it will cost more in one year than the $1,500 for the appeal with the additional work involved. Councilman Raymond then asked if the City appealed, would the curr.ent.systemshold u.ntil:the appeal was acted upon. Mr. Davis stated that it probably would. He further stated that he thought the City should take a look at this. It might be that the City could enlarge their .water bill and include the procedure in one corner. He.stated that he expected the proposal from the other attorneys .within the next week. The Mayor .then stated that action would be postponed' until the City Council heard from Mr. Davis, the City Attorney. (QUESTION REGARDING PERSONNEL POLICIES - FIRE AND POLICE DEPARTMENTS) The Mayor explained that in the Fire and Police Department Personnel Policies they have had a different procedure than the other_departments _ in .the City. They hire :people on probation for six months and this has been in effect -.for many years-. At the end of a successful completion of the probationary period, they move into a permanent position at a salary increase. The Police Chief and the!-Fire Chief were present at the meet.in.g:.to ask the City Gounci:l:to determine if .this was exclusive of the step and grade system:or whether the freeze would. -apply to it.just as the step and.grade.: .Both: the Fire .Chief and the Police Chief explained their situations. They stated that this was in effect before the step and grade system was instigated by the City. Much discuss.ion•followed among the Council members regarding this situation. It was agreed that the probationary system really had nothing to do with the step and grade system and that the probationary periods should- continue as previously set. MOVED by Raymond.; SECONDED by Olesen that the probationary period •for the Fire Department and the Police Department not be consiaered part of the Step and Grade System and the step freeze does not apply. Roll call vote. Those voting yes Raymond, Hopper, Bauman, Olesen, and Williams. Those voting no: none. Absent and not voting:. McCluskey. MOTION CARRIED (ITEMS "DISCUSSED` BY CITY ENGINEER) Mr:. Lewis., the City Engineer, stated that he had several items he like to discuss.with.the City Council— The,.first was that Troy Vance has indicated that he would. ,like to have a_sewer to serve the racketball courts, and etc. that he plans to build across From Ideal. The Assistant Engineer.has estimated that the cost for the City.would be $5,819. This includes.engineering costs,,replacing the :pavement,, and. laying of the.. sewer. Mr. Vance indicated that he would pay for this, „but the decision now was whether the City would do the work or not. The Council had discussed this previously and, had,,determined.that if it was possible to,do it,thi,s_ way, the City would, consent to do so. Mr. Lewis was at this time seeking confirmation of this previous determination. The Council discussed putting in the sewer lines for those:requesting the lines and then those asking for the work done would pay the City. Councilman Olesen felt that the City shoul'd''go ahead and do the work as long as they can with the stipulation that the City be paid for the work. Mr. Lewis also mentioned the property on Arthur and 21st owned by Book 20 Page 41 Ralph Smeed that was in need of about a 100' sewer line extension. It was agreed that both of these requests be done by the City with reimbursement from the owners for the work done and it was agreed that any other requests would be handled in the same manner. The next item the City Engineer asked for Council guidance on was a street name change. A street in the Paradise Estates was named Hill Lane and the City already had a Hill Avenue. He felt that to have two so similar was not practical. This was the street that went behind Mr. Bottem's property. Mr. Bottems had suggested the name of St. Joe Lane. The Mayor asked the City Council to give consideration to this name change and he would include the item on the Agenda for the next City Council Meeting. The other item he wished to discuss was regarding Park West, the plat that had nearly 400 blocks in it. The question was whether the City would accept the sewer pump station that was required to serve three fourths of that area. Apparently, for them to get financing a commitment was sought. The City Engineer stated that he would not give an assurance without City Council concurrence. He further explained that they can't keep it above the eventual interceptor sewer drain which was a disturbing factor. Much discussion followed among the Council and the City Engineer. Mr. Lewis pointed out that the City could accept it with the reservation that the people would be charged for the maintenance of the station and the station would have to meet approval of the City and meet requirements set by the City. He also pointed out that the City had determined not to accept some of them. He also said that in many cases they were served by gravity so the problem of the pumping stations was not a worry. The Mayor commented that he felt the people should pay for the maintenance of the pumping station. Councilman Raymond suggested that this might be a covenant in the purchase contract of the property. It was agreed that consideration be given to having an agreement with the developer that those served by the station pay a fee for the maintenance and operation. The City Engineer pointed out that in order to have the developments there would have to be some pumping stations. The City Council agreed to give thought to this problem and that it would be included on the Agenda at the next Regular Council Meeting. There being no further business, the meeting was adjourned at 1:20 p.m. APPROVED'AS written THIS 6th DAY OF February 1979, � t Mayor y oa ncal an �r Councilman Councilmon ' Councilman Councilman Councilman ATTEST: City Cler