Loading...
HomeMy WebLinkAbout1993-02-01city council minutesBook 34 REGULAR MEETING February 1, 1993 7:30 p.m. Page 19 The Meeting was called to order by Mayor Dakan. 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: Ozuna, Nancolas, Simmons, Carpenter, and Houchins. Absent: Raymond. (ADDITIONS OR DELETIONS TO THE AGENDA) Mayor Dakan requested permission from the City Council to move items one and two under New Business to the first items of business to be considered. CONSENT CALENDAR The following items were presented by the Mayor to the City Council for their consideration: 1. Dispense with the reading of the minutes of the January 19, 1993, Regular City Council Meeting and approve as written; 2. Accept the minutes of the Caldwell Golf Board Meeting of January 22, 1993; the Planning and Zoning Commission Meeting of January 21, 1993; and the Caldwell Senior Citizens Center Commission Meeting of January 19, 1993; 3. Accept the low bid in the amount of $39,420.00 submitted by Rocky Mountain Turf and Industrial Equipment for parks mower; 4. Acknowledge the receipt of update memo pertaining to Bill No. 1 on Pretreatment required by E.P.A.; 5. Due to the Holiday on the 15th, change the date for the City Council Meeting to February 16, 1993; 6. Accept the low bid in the amount of $79,277.00 submitted by The Caxton Printers, LTD., for portable bleachers at the O'Connor Fieldhouse. MOVED by Nancolas, SECONDED by Carpenter to accept the request from the Mayor to move the two items and to approve the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED NEW BUSINESS (JOINT PUBLIC HEARING ON TRANSFER OF ASSETS FROM CANYON COUNTY TO THE CITY OF CALDWELL FOR AG EXPO) The Mayor stated that the first order of business was a joint Public Hearing on the transfer of assets from Canyon County to the City of Caldwell for the Ag Exposition. He invited the Commissioners to come forward so they could participate jointly with the Council in the Public Hearing. Mayor Dakan explained that under Title 67 of State Law, when one governmental entity wishes to transfer funds to another governmental entity, a Public Hearing must be held giving the public a chance to comment. This Public Hearing will be a joint hearing with the County Commissioners. The transfer of Book 34 Pace 20 funds is a transfer of $11,861.60 from the County's Economic Development account to the Ag Expo Project. The specific use of the money will be to the purchase of the land. After the Hearing, the City Council will want to formally accept the funds from the County. The Mayor then opened the Public Hearing on behalf of the City of Caldwell. He recognized the County Commissioners and asked if they would open their Public Hearing making it a joint session. George Vance, Chairman of the County Commissioners, called the Commissioner's meeting to order and informed the Mayor that Commissioners Vinson and Vasquez were present and he would declare the County Public Hearing open. Since there was no one singed to tesify to this issue, the Mayor read the following Transfer of Assets Agreement as follows: THIS AGREEMENT Made and entered into on the lst day of February, 1993, by and between THE COUNTY OF CANYON, STATE OF IDAHO, a county organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as "County ", the party of the first part, and the CITY OF CALDWELL, a municipal corporation, organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as "City ", party of the second part, consenters to this agreement. I RECITALS WHEREAS, the City of Caldwell has an opportunity to obtain ownership interest in certain real properties located within the City of Caldwell, County of Canyon, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. That said property is suitable, and it is the intent of the City, to use said site for a Canyon County Fair and /or Ag- Expo and /or other public purposes and uses which purposes and uses shall benefit the persons in the City of Caldwell, as well as persons in the County of Canyon; and WHEREAS, the City of Caldwell has appropriated the sum of Forty -five Thousand Dollars ($45,000.00) towards the purchase of said property; and WHEREAS, additional funds are needed to purchase said property; and WHEREAS, the County of Canyon has the sum of Eleven Thousand Eight Hundred Sixty -One and 60/100 Dollars ($11,861.60), which sum was designated for this type of development but is insufficient in and of itself to purchase said property. WHEREAS, the parties agree that it is in the best interests of the public in the judgment of their governing bodies that the County transfer to the City the sum of Eleven Thousand Eight Hundred Sixty -One and 60/100 Dollars ($11,861.60), upon the condition that said monies be used toward the purchase of the above described real property, and that said property once acquired be used for the purposes hereinabove stated. NOW, THEREFOPE, based upon the above and foregoing consideration and other good and valuable consideration: II COVENANTS OF COUNTY The County shall transfer to the City of Caldwell the sum of Eleven Thousand Eight Hundred Sixty -One and 60/100 Dollars ($11,861.60). III COVENANTS OF THE CITY 1. The City shall receive the sum of Eleven Thousand Eight Hundred Sixty -One and 60/100 Dollars transferred from the County and shall apply the same toward the purchase of the real property hereinabove described. Book 34 Page 21 2. The City shall use its interest said real property for a Canyon County fair site and /or Ag -Expo and /or other public purposes and uses, which purposes and uses shall be of benefit to the persons in the City of Caldwell as well as persons in the County of Canyon. IV MUTUAL COVENANTS 1. This agreement shall be considered an agreement pursuant to Idaho Code Section 67 -2322, being a transfer of property by one local unit of government to another. 2. The provisions and stipulations of this Agreement shall inure to and bind the assigns and successors in interest of the parties hereto. 3. Except as set forth herein, the parties agree that this Agreement constitutes the entire agreement between the parties hereto. 4. In the event that any provision of this Agreement shall be deemed illegal or unenforceable, such determination shall not operate to invalidate any of the remaining provisions of this Agreement. 5. This Agreement is established under the laws of the State of Idaho, and all questions concerning its validity and construction shall be determined under such laws. The City Attorney suggested that the Public Hearing be closed and if the Agreement seemed advisable to both of the government units, that their minutes reflect that they both find that the transfer is in the best interest of the public to do so. Commissioner Vinson asked for clarification on one sentence within the Agreement: "That said property is suitable, and it is the intent of the City, to use said site for a Canyon County Fair and /or Ag -Expo and /or other public purposes and uses - - - ". Her concern was to the meaning of other public purposes. The Mayor explained that there might be a time when they would like to have a horse show or something of that kind. It would be for other uses other than just the fair such as the Extension Agent's Office and that kind of use. The City Attorney commented that the reason the Agreement was drafted this way was that it ties directly to the agreement the City is entering into with Caldwell Unlimited which effects the purchase of that site from them. That language is in the deed that will go with this property. Mr. Gigray further stated that he understood that there was a possibility in planning that there could be a fire substation on a portion of that property which would serve the City, but also, because of the Joint Exercise of Power Agreement with Caldwell Rural Fire District, it will also provide fire protection for the County area as well as the City. Mayor Dakan closed the Public Hearing for the City of Caldwell and Commissioner Vance closed the Public Hearing on behalf of Canyon County. The Mayor then asked the City Council to take action on the Transfer of Assets Agreement as presented. MOVED by Nancolas, SECONDED by Ozuna that the City enter into the Agreement for the Transfer of Assets since such conveyance or transfer is in the best interest of the public in the judgment of the City Council. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED Book 34 Page 22 Chairman Vance MOVED and it was SECONDED by Vinson that having found that it was in the best interest of the County to transfer this sum of money, action be taken to approve this Transfer of Assets Agreement. The Chairman stated that the vote was unanimous in approval. The Administrative /Personnel Officer informed the City Council that it would be appropriate at this time to approve the Assignment of an Undivided 38% Interest in Purchaser's Interest in "Memorandum Agreement" dated the 24th day of November, 1992, By and Between Griffiths' et. al., vendors, Caldwell Unlimited, Inc., Purchaser and Agreement to Transfer Purchaser's Interest to the City of Caldwell. MOVED by Carpenter, SECONDED by Nancolas to approve the Agreement with Caldwell Unlimited as presented. Roll call vote. Those voting yes: Carpenter, Houchins, Ozuna, Nancolas, and Simmons- Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (JOINT PUBLIC HEARING ON TRANSFER OF ASSETS TO THE CALDWELL IRRIGATION LATERAL DISTRICT) The Mayor stated that the next item on the Agenda was the joint Public Hearing between the City of Caldwell and the Caldwell Irrigation Lateral District for the transfer of assets to the Caldwell Irrigation Lateral District. Mayor Dakan asked the Board for the Caldwell Irrigation. Lateral District to identify themselves. Dick Crowley, Chairman of - the District, was recognized and introduced his Board as follows: Leo Holmes, Joe Franklin, Chester Haynes, and Sharon Brown stating that all of the Board members were present. Mr. Crowley declared the meeting open. Mayor Dakan opened the Public Hearing for the City of Caldwell. Mr. Crowley opened the Public Hearing on behalf of the Caldwell Irrigation Lateral District. Since there was no one signed to testify pertaining to this transfer of assets, the Mayor closed the Public Hearing. Chairman Crowley also closed. the Public Hearing on behalf of the Caldwell Irrigation Lateral District. The City Attorney, Mr. Gigray, stated that this item was simply going through the procedure for the transfer of assets from one government entity to another. The Judicial Confirmation Proceeding Petition will be filed just as soon as the signatures are obtained. The procedure this evening was simply following the steps of the process so that when going into the judicial confirmation process, it can be affirmed that all of this has been done. The Mayor then closed the Public Hearing; the Chairman, Mr. Crowley, closed the Public Hearing on behalf of the Caldwell Irrigation Lateral District. The City Attorney explained that there should be a motion to find it was in the public interest to make the transfer of these assets by the City as specifically set forth in the Joint Exercise of Power Agreement. MOVED by Nancolas, SECONDED by Ozuna to approve the transfer of assets to the Caldwell Irrigation Lateral District since in the judgment of the Council, the transfer is in the best interest of the public. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no: none. Absent and not voting: Raymond. Book 34 Page 23 MOTION CARRIED The Chairman of the Caldwell Irrigation Lateral District asked for a motion on the part of the District. It was MOVED by Holmes and SECONDED by Brown to accept the Joint Exercise of Power Agreement for the transfer of assets. The Chairman reported a unanimous vote in favor of the motion. The Mayor then read in full the following Resolution for approval by the City Council: WHEREAS, the Mayor and City Clerk of the City of Caldwell have signed the Petition for Judicial Examination and Determination of Validity of Joint Exercise of Power Agreement for the Transfer of Assets to the Caldwell Irrigation Lateral District from the City of Caldwell which will initiate the judicial confirmation of the agreement and joint exercise of power agreement with the Caldwell Irrigation Lateral District for the transfer of assets from the City to that district, and WHEREAS, It is deemed necessary to seek judicial confirmation of above stated agreement. NOW, THEREFORE, BE IT RESOLVED That the acts of the Mayor and City Clerk above stated are hereby ratified and affirmed and the City Attorney is hereby directed upon obtaining the necessary signatures from the Caldwell Irrigation Lateral District to forthwith file said petition in the Third District Court of the State of Idaho in and for the County of Canyon and to prosecute said action to its conclusion. MOVED by Carpenter, SECONDED by Houchins to approve the Resolution as presented by the Mayor. Roll call vote. Those voting yes: Carpenter, Houchins, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED OLD BUSINESS (PUBLIC HEARING ON APPEAL OF PLANNING AND ZONING COMMISSION ACTION SUBMITTED BY BILL AND MARIA SCHUETZ) Mayor Dakan stated that the next item would be under Old Business which was the continuation of a Public Hearing on an appeal of Planning and Zoning Commission action submitted by Bill and Maria Schuetz. The Mayor reminded Council that this matter was presented in a Public Hearing at the last Regular City Council meeting. At the request of their Counsel, the Hearing was continued and is therefore, still open. The first person to sign to speak was Mr. Ron Rainey, Attorney at Law. The Mayor recognized Mr. Rainey who stated that he appreciated the continuance of the hearing given to them. He stated that they would be requesting that the Planning and Zoning's denial of this Special Use Permit be overruled and the Permit be granted with limitations or an alternative would be for the City Council to refer this issue back to the Planning and Zoning Commission for full hearing. Mr. Rainey continued stating that Mr. Schuetz and his wife appeared at the Planning and Zoning Commission with the understanding and a written statement by the Planning and Zoning Staff that their application was being recommended for approval. Therefore, they did not come prepared and had not made any studies for their appearance before Planning and Zoning. Mr. Rainey informed Council that over the past two weeks, they have attempted to do their best in analyzing the area. This was done because the conclusions of the Planning and Zoning Commission denied the permit because the neighborhood was overall a single family residential area. They were prepared at this time to deny this and refute this on the basis that Book 34 ['age 24 there was multiple family use, eighteen small businesses run out of residences in a two block area. One of those objecting before the Commission lives right behind Bill Schuetz and has a cabinet shop out of his garage. Mr. Rainey pointed out those who have a small business in the area on the map for the benefit of the Council and audience. He continued that part of the limitation that Mr. and Mrs. Schuetz agreed to was that they would have no more than two customers at a time, no walkins with strictly appointment clientele, no sign and no advertisement, and the shop would blend in. Further, Mrs. Schuetz would be the only person doing any of the barbering or hair styling. Off street parking would be provided. Both Mr. Rainey and Mr. Schuetz used the map to point out the various small business enterprises in the area and also presented pictures of some of them to the Members of the City Council and the Mayor. Mr. Rainey also commented that since the last hearing, Mr. Schuetz has visited with the neighborhood and found only one person who objected to the shop. Mr. Rainey continued with his presentation stating that the Commission has allowed Special Use Permits for barber shops in the City of Caldwell and that the Statutes really place the burden on the Planning and Zoning Commission to make the survey or study; not the Council. The Commission did not take into consideration the limitations to a Special Use Permit and he did not think they really made a survey of businesses in the area. There was further presentation by Mr. Rainey and Mr. Schuetz. The tape will be on file in the Office of the City Clerk for six months and is available for review. At the conclusion of his comments, Mr. Rainey stated that they would ask one of two things: either overrule the Planning and Zoning Commission and put on special limitations as there would be no detriment to the neighborhood; in fact, it was an asset the way the house was cleaned up or return it to the Planning and Zoning Commission for a full and complete study of the neighborhood of any possible detriment or loss of value. The Members of the City Council asked several questions after which the Mayor recognized Mr. Schuetz, 1422 Cleveland Blvd., who reported with regard to the traffic impact on Cleveland Boulevard. Mayor Dakan recogniied Buzz Beauchamp, 1522 Dearborn, who stated that he was in favor of upholding the Planning and Zoning Commission's decision. Council discussed the issue with Mr. Beauchamp after which the Planning and Zoning Director informed the Mayor that all who signed to speak had been heard. The Public Hearing was then closed by the Mayor and he asked for the City Council to take action on this issue. Councilman Naneolas commented that he personally understood the plight of Mr. Schuetz and had a tendency to agree. However, he believed that the Planning and Zoning Commission knew much more about the Comprehensive Plan than the City Council. Mr. Nancolas further said that he would like to have the information presented to the Council tonight be presented to the Planning and Zoning Commission. The Commission could do a full investigation of the area and make their determination. He also would have no objection in having the Council make the decision tonight, but when there is Conclusions of Law and Findings of Fact that have to justify a position, he thought the Commission was more appropriate to Book 34 Page 25 do that especially in light of the testimony and information at this time. He also thought there was a lot more facts presented tonight than at the Commission's Meeting. Councilman Ozuna agreed with Councilman Nancolas as it would allow people opposed an opportunity to speak their side of the issue. There was also new evidence that needed to be heard by the Commission. MOVED by Ozuna, SECONDED by Nancolas to refer this matter back to the Planning and Zoning Commission. Roll call vote. Those voting yes: Ozuna, Nancolas, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED NEW BUSINESS (AGREEMENT AMENDMENT WITH JAMES M. MONTGOMERY CONSULTING ENGINEERS ON WASTEWATER TREATMENT PLAN) Mayor Dakan stated that the next item under New Business was an agreement amendment with James M. Montgomery Consulting Engineers on Wastewater Treatment Plan. He requested that the Administrative /Personnel present the background material on this item. Mrs. Ottens stated that three years ago, the City received a $25,000 grant from the State to study the capacity problems at the Wastewater Treatment Plant. Many of these problems were tied to the Dairyman's (now Darigold) operation. The City hired JMM Engineers to do this study. Since that time, there have been numerous factors that have changed, including a drop in waste volume by Darigold and significantly higher summer flows than in the past. what these changes have done is call for a need to change the scope of the original project. Rather than come up with options on how to handle Darigold's waste and expand the capacity of our plant, we are now in a holding pattern waiting to see what happens with the City's discharge permit and with the Darigold operation. The State has agreed to change the scope of this contract to simply data gathering and conslusions to be used to review our options when we find out what EPA is going to require under our discharge permit and Darigold's actions. The amendment has been reviewed by the State, our City Engineer and PSG. After a short discussion, it was MOVED by Houchins, SECONDED by Carpenter to approve the agreement amendment with James M. Montgomery Consulting engineers on Wastewater Treatment Plan. Roll call vote. Those voting yes: Carpenter, Houchins, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (REQUEST FOR AN EXECUTIVE SESSION) The Mayor requested an Executive Session following the Regular City Council Meeting for the purpose of discussing personnel. MOVED by Nancolas, SECONDED by Houchins that pursuant to Idaho State Code, Section 67 -2343, an Executive Session be held immediately following the Regular Meeting for the purpose of discussing personnel. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no: none. Absent and not voting: Raymond. Book 34 Pale 26 MOTION CARRIED (MAYOR'S APPOINTMENT OF COUNCIL LIAISON TO BOARDS AND COMMISSIONS) The Mayor presented his proposed Council liaison appointments for the next year as follows: Raymond - Golf, Airport, and Community Services Carpenter - Finance, Historical, 4 -C Committee Nancolas - Planning and Zoning, TRAC, and Senior Citizen Houchins - Golf, Seniors and Library Ozuna - Finance, Housing Authority, and Library Simmons - Planning and Zoning, Community Services, and Airport MOVED by Carpenter, SECONDED by Ozuna to accept the appointments of the Council liaison to the board and commission as proposed by the Mayor. Roll call vote. Those voting yes: Carpenter, Houchins, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (RESOLUTION TO ADOPT THE FEES FOR THE MAUSOLEUM AT THE CANYON HILL CEMETERY) The Mayor informed Council that the next item on the Agenda was the Resolution to adopt the fees for the Mausoleum at the Canyon Hill Cemetery. He stated that the proposal reflects a cost so that upon completion of the sale, there would be enough money to build a second building. If Council does not feel this necessary, it would be appropriate to lower the cost of the crypt down to the $2,000 level. This will still leave enough money to do the project and pay back the funds borrowed from the Perpetual Care Fund. Councilman Houchins stated that they made the decision to build this Mausoleum and use the Perpetual Care Funds. He felt it unfair to have part of the cost of those purchasing now to support a second building if necessary. If it did become necessary to build another, they could again use the Perpetual Care Funds. Councilman Houchins then MOVED and it was SECONDED by Nancolas to change the fee for crypts to $2,000 rather than the $2,500 and to pass the Resolution establishing the fees with that change. The Mayor read the Resolution and fees as follows: BE IT RESOLVED That the fees for the Mausoleum at the Canyon Hill Cemetery as set forth in the Petition attached hereto and made a part hereof as though set forth in full are hereby adopted by the City Council, City of Caldwell. MAUSOLEUM PRICES Crypt $ 2,000.00 Opening & Closing 200.00 Niches 500.00 Opening & Closing 50.00 Marker Included Disinterments: Ashes 50.00 Crypt 200.00 Niche 50.00 Book 34 Page 27 Roll call vote. Those voting yes: Houchins, Ozuna, Nancolas, Simmons, and Carpenters. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (REQUEST FROM HOMEBUILDERS ASSOCIATION REGARDING BUILDING FEES) The Mayor presented the next item stating that it was a request from Homebuilders Association with regarding to waiving the building fees for a project. The letter of request was as follows: The Snake River Valley Building Contractors Association is preparing for our 1993 Parade of Homes. Our association will be building a Project House in Caldwell this year in the Marshall Fields Subdivision purchased recently by Bob Hibbard. The operating revenue will be donated back into the community over a two year period of time to help needy people, scholarhips to local colleges, Caldwell Economic Development Program, and many more requests. We have had many organizations contact us for donations recently. The Board of Directors will meet at the proper time to review all of the applications for donations and decide who will receive donations and the amount. Our association is asking if the City of Caldwell would waive the building permit fee, water meter and hook up fee for the Project House. We are planning to break ground the first of February, 1993. ss/ Bill Pugh, President. Councilman Nancolas commented that he knew this was a good program. However, he felt there was a division of control. The Building Fees are controlled by the City and a part of the General Fund. Therefore, Council would have the authority to waive those fees. However, the hook up fees and the water meter fees are user fees and the rate payers have jurisdiction over those rates. He did not feel it was fair to the rate payer to waive those fees. MOVED by Nancolas, SECONDED by Carpenter that the fee for the Building Permit be waived, but that authorization not be given for the water meter fees or the hook up fees. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED (PUBLIC WORKS ITEMS) The Mayor recognized the Acting City Engineer, Larry Bledsoe, and asked that he address the items pertaining to Public Works which included well development fees for future development, sidewalks construction programs, and street improvements. Mr. Bledsoe stated that the Council did receive in their packet a questionnaire that has been prepared that Staff would like to distribute to all of the residents and property owners who have properties on gravel streets in Caldwell. The purpose of the questionnaire is to gain some input as to how the property owners feel about the potential of being involved in future Local Improvement Districts for the purpose of paving their streets or reconstructing their streets. The City could use this input in establishing priorities to where the City finances could match the local finances and stretch the City's dollar and help improve some of the streets. Mr. Bledsoe further said that he would like to have the Council Book 34 Page 28 authorize Staff to proceed and circulate the questionnaire. once the information was received, it would be tabulated and presented to the Council for consideration. MOVED by Nancolas, SECONDED by Houchins to authorize Staff to proceed with the distribution of the questionnaire as requested by Mr. Bledsoe. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, and Ozuna. Those voting no none. Absent and not voting: Raymond. MOTION CARRIED The City Engineer stated that the Staff would also like to consider the possibility of having a Local Improvement District that would allow for sidewalk improvements throughout the City. in order to get a feeling for interest in the community, they would like to see a questionnaire distributed in conjunction with the water billings. The questionnaire would basically alert people that the City was considering a voluntary L.I.D. to either put in new sidewalks or replace existing sidewalks. In the Council packet, two different questionnaires were included. One is based on the City participating in the project a flat percentage and the other is based on the City providing certain services in conjunction with the project. In the case of replacement work, the alternative where the City is paying for the removal cost, it would actually cost the City a little more. In places where there is new sidewalk, that option would cost the City a little less. Mr. Bledsoe informed Council that there was nothing wrong with either alternative. The alternative that specifies certain areas that the City would participate in was drafted to match a program that has been implemented the last several years in Nampa and the other option that provides a certain percentage was drafted more in line with what the Council originally envisioned. They would like to get the information out to the community and based on the response, Staff would come back to Council and report if there was enough interest. At this point, Mr. Bledsoe stated that he would like authorization to send out the questionnaire. In conjunction with that, the Council to make a policy decision on which method of funding they would like to see. There was some discussion among the City Council members. It was then MOVED by Houchins, SECONDED by Ozuna to authorize Staff to distribute Alternate B Questionnaire with the water bills which should get ninety -nine percent of the people aware with results back to the City Council. The Mayor read Sidewalk Construction Program Questionnaire as follows: The City is planning a project to construct new sidewalk and replace old deteriorated sidewalk in various locations throughout the City. This year's project will be available to property owners on a voluntary basis. The City will participate in the project by paying for 300 of the construction cost, relocating City utilities, intersection improvements, and other special costs as may be determined by the City Council. The property owner will pay for his share of the project through a normal Local Improvement District (LID) with costs spread over a 10 year period at a low interest rate. The actual assessable construction will be performed by private contractors selected through a competitive bid process. The estimated cost for 4 foot wide sidewalk is $8 per lineal foot plus $1 per square foot of sidewalk removal where applicable. Book 34 Page 29 If you are interested in participating in the LID or learning more about it, please complete the attached form and return it with your water payment. Prior to forming the LID you will receive an estimate of your cost, be invited to a public hearing and be given the opportunity to withdraw from the LID ( ) I would like to participate in the sidewalk construction program. ( ) I would like to be contacted by a City representative to learn more of the program. Roll call vote. Those voting yes: Houchins, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED The next item discussed by the Acting Engineer was with regard to the use of metal street light poles. Mr. Bledsoe reported that a rquest was received from Skinner and Associates to allow metal poles installed in one of the subdivisions. The Staff feels that this is acceptable and if certain conditions are met, there is nothing wrong in allowing a developer to install metal street light poles in a subdivision as long as they pay the initial cost for them. If the Council agrees with this concept, they would like authorization to allow installation of metal poles under the following conditions: 1) The poles will become the property of the City. 2) The light fixture meets Idaho Power standards and will be maintained by Idaho Power. 3) The construction cost is borne by the developer. 4) The poles are placed at locations on public right -of- way approved by the City. 5) The City will pay standard Idaho Power electrical charges. MOVED by Houchins, SECONDED by Carpenter that Staff be directed to allow developers the option to put in metal poles if steps one through five are followed. Roll call vote. Those voting yes: Houchins, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Raymond. MOTION CARRIED The Acting City Engineer, Larry Bledsoe, requested that the City Council adopt a Resolution establishing a well development fee. The following decisions need to be inserted into the body of the Resolution: a) Effective date: Recommended to be at least 60 days and no more than 90 days. b) Amount of Fee: $170 as per January 4 memo or $85 as per January 20 memo. Mr. Bledsoe explained this at some length after which the Council discussed the effective date and the amount of the fee. Council agreed that the time frame should be 90 days and the amount of the fee set at $85.00. The Mayor then read the Resolution as follows: WHEREAS, the City Council has determined that it would be in the best interests of the City to establish a Well Development Fee for the purpose of providing a more equitable distribution of the costs of water supply and WHEREAS, the City Council has determined that said fee shall be set such that each new development pays its pro rata share of the costs of developing additional water supply and WHEREAS, the methodology utilized in the development of Book 34 Page 30 the fee is set forth in a memo to the Mayor and Council dated February 1, 1993, a copy of which is attached as Exhibit A, has been determined to be equitable and WHEREAS, Caldwell City Code 3 -3A -23 authorized the City to assess said fees. THEREFORE, be it resolved that the Well Development Fee policy and fee set forth in the petition below are hereby adopted by the City Council, City of Caldwell, to be effective 90 days from the passage of this resolution. Amount of fee: The fee shall be $85 per equivalent connection. Equivalent Connection Determination: The equivalent connection shall be computed in accordance with Table 1. Irrigation Supply: In computing the area to be irrigated the value shall be equal to the total area of the property (exclusive of public right -of -way), less the following: a. Land covered by buildings, concrete, asphalt, gravel or other similar non water use areas. b. 1,000 square feet (to account for future out buildings, parking, patios and other non water use areas). C. Areas located within the easements of open ditches and drains. d. Areas which will be irrigated from a source other than City water. e. Underdeveloped land which would not be irrigated and could reasonably be expected to be developed in the future. Time of payment: Payment of fee will be made at the time the water meter is paid. Modifications to Fee: Determination of fees for special uses shall be approved by the Utility Board. .interim Policy: In the time between the passage of this resolution and the effective date thereof, no payments shall be accepted for irrigation water meters or for water meters on properties that have not first obtained a building permit for a new structure. Use of Fee: All funds collected from the implementation of the Well Development Fee shall be placed in a dedicated interest bearing account and can only be used to pay for expenses related to the development of facilities and water system improvements which will enhance water supply. MOVED by Houchins, SECONDED by Ozuna to pass the Resolution as presented by the Mayor. Roll call vote. Those voting yes: Houchins, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Raymond. (FINANCIAL REPORT) MOTION CARRIED Councilwoman Carpenter reported that the Finance Committee has reviewed and approved current accounts payable in the amount of $394,745.84 and a payroll of $313,920.95 for the period ended ,lanuary 29, 1993. It was MOVED by Carpenter, SECONDED by Ozuna that the accounts Book 34 Paoe 31 payable in the amount of $394,745.84 represented by checks number 28587 through 28989 and a payroll for the amount of $313,920.95 represented by checks number 41951 through 42276 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Carpenter, Houchins, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: Raymond. (AUDIENCE PARTICIPATION) MOTION CARRIED The Mayor asked if there was anyone in the audience who cared to address the Council on any item that was not included on the prepared Agenda. Mr. Buford Withers was recognized by the Mayor and expressed his concern about the snow not being cleared off on 16th Street. He felt this should be one of the streets that the Street Department included on their priority list since it lead to the Odd Fellows. He also expressed concern over the dust in the summer. (COMMITTEE REPORTS) The Council Members did not have any reports at this time. (MAYOR'S COMMENTS) The Mayor reminded everyone of the Town Hall Meeting at 7:00 on Monday, February 8th in the Council Chambers regarding the Council - Manager Form of government. Mayor Dakan also reported that he would be attending a Seminar on Privatization next week. (ADJOURNMENT) Since there was no further business, it was MOVED by Houchins, SECONDED by Nancolas that the meeting be adjourned at 9:15 p.m. Roll call vote. Those voting yes: Houchins, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: Raymond. APPROVED AS written ATTEST: MOTION CARRIED THIS 16th DAY OF February , 1993. /3 4 City C1 r ~ c