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HomeMy WebLinkAbout2003-02-18city council minutesREGULAR MEETING FEBRUARY 18, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Robert Cook of the Centennial Baptist Church. The Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Ozuna, Dakan, Wells, Blacker, and Callsen. Absent: Hopper. The Mayor excused Council President Hopper as he was in Salt Lake with his Mother taking care of some medical needs. (SPECIAL PRESENTATIONS) The Mayor noted that there were no presentations at this time. ADDITIONS OR DELETIONS TO THE AGENDA. It was MOVED by Councilwoman Ozuna stated that the appointment of Janie Aguilar to the Core Area Steering Commission be included as Item No. 11 on the Consent Calendar and under New Business, add 5A to approve the extension of John Watson's contract with Purple Sage. SECONDED by Callsen. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED AUDIENCE PARTICIPATION. Since there was no one who requested to be heard during audience participation, the Mayor stated that the meeting would continue as outlined. The Mayor recognized a student from the Caldwell High School Government Class. CONSENT CALENDAR: Mayor Nancolas presented the following items on the Consent Calendar for Council's approval: 1. Dispense with the reading of the minutes of the Regular City Council Meeting held on February 3, 2003 and approve as written; 2. Approve acceptance of the minutes from Caldwell Golf Board meeting held on January 15, 2003; Traffic Commission minutes from meeting held on February 4, 2003 and the Historic Preservation Commission meeting held on November 13, 2003; 3. Approve Resolution authorizing dedication of sewer and water facilities for Powell Estates No. 1 and 2. The title of the Resolution was as follows: RESOLUTION BY THE CITY OF CALDWELL, IDAHO ACCEPTING DEDICATION OF SEWER MAIN AND WATER MAIN IN POWELL ESTATES SUBDIVISION NO. 1 AND 2 TO SAID CITY BY PROVIDENCE DEVELOPMENT GROUP, L.L.C. IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO. 4- 94. 4. Approve Resolution authorizing dedication of sewer and water facilities for Monarch No. 2. The title of the Resolution was as follows: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO ACCEPTING DEDICATION OF SEWER MAIN AND WATER MAIN IN MONARCH SUBDIVISION NO. 1 TO SAID CITY BY ARBOR RIDGE L.L.C. IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO. 4 -94. 5. Approve Resolution authorizing a land purchase contract with Arbor Ridge L.L.0 for Monarch Subdivision #1 Well Site. The Resolution was as follows: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO APPROVING A LAND PURCHASE CONTRACT WITH ARBOR RIDGE L.L.C. BE IT RESOLVED That the City of Caldwell, Idaho hereby approves Land Purchase Contract with Arbor Ridge L.L.C, attached hereto in full and hereby made a part of this Resolution. Said Land Purchase Contract is for a well site located along Ustick Road adjacent to Monarch Subdivision #1. The property is a portion of the NW 1 /4, NW 1 /4, Sect. 5, Township 3 North, Range 2 West. The Mayor and Clerk of the City of Caldwell are hereby authorized to execute the Land Purchase Contract and any other title transfer documents. 6. Approve right of way deed from Arbor Ridge L.L.C. to the City for Ustick Road right of way purposes; 7. Approve Resolution to authorize execution of a Master Lease with Wells Fargo. The title of the Resolution was as follows: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE - PURCHASE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE EQUIPMENT; AUTHORIZING THE EXECUTING AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. 8. Approve Lease Agreement for Police vehicles; 9. Approve Lease Agreement for weed control equipment; 10. Approve renewal of the Union Pacific Railroad Lease 490 -02 that services downtown merchant parking. 11. Approve the appointment of Janie Aguilar to the Core Area Steering Committee. MOVED by Dakan, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED OLD BUSINESS NEW BUSINESS (PUBLIC HEARING ON ALBERTSON COLLEGE OF IDAHO REQUEST TO AMEND CONDITIONS OF VACATION) Mayor Nancolas informed Council that Albertson College was requesting that the City amend the conditions of vacation related to their recent construction of new student housing on campus. The College was unable to meet the original time schedule for completion of the portion of improvements on Oak Street. This was a Public Hearing and was Legislative so there was not a requirement of those testifying to be sworn in. However, they did need to sign up if they wanted to testify. The Mayor asked Allen Schmoock, who was representing the College, if he would like to sign up in case he had any questions or discussion. Mr. Schmoock indicated that he would like for the Mayor to include him on the list in favor of the request. The Mayor then opened the Public Hearing and ask Gordon Law, the City Engineer, to present the Staff Report. Mr. Law, 621 Cleveland Blvd. in Caldwell, was recognized by the Mayor. Mr. Law informed Council that the item before them which was the subject of this Public Hearing was a recommendation and a request to amend the conditions of a vacation that occurred approximately a year ago. This request was by Albertson College for vacation of a certain number of streets to assist them complete a project to add new dormitories or student housing on the campus. One of the items that was not able to be completed was the widening of Oak Street on the campus. We brought this to Council for an advisory opinion four weeks ago and at that time left several options with Council of ways we could respond to the failure of completing the Oak Street improvements. It was Council's assent to suggest that we proceed with a modification of the conditions so that the time to complete the improvements would be extended for a period of two years. Additionally, Albertson College will provide a new bond in conformance with a revised estimate of construction costs relating to that portion of the work. Before Council was an extension in time and a change in the bond. Mr. Schmoock has indicated a willingness to provide the bond prior to the time that the Ordinance was recorded. We have also agreed on the time extension as Council had discussed at the earlier meeting. Every person that was affected was re- noticed on this item. MOVED by Callsen, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Callsen, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (CONSIDER BILL NO. 8 TO AMEND CONDITIONS OF VACATION WITH REQUEST TO WAIVE THE RULES REQUIRING THAT A BILL BE READ AT THREE SEPARATE TIMES AND READ IN FULL FOR ONE READING AND PASS AT THIS TIME) The Mayor read Bill No. 8 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING SECTION 4, PARAGRAPH B, CITY ORDINANCE NO. 2403, BY DELETING CERTAIN LANGUAGE AND ADDING CERTAIN LANGUAGE IN SAID PARAGRAPH REGARDING CONDITIONS FOR VACATING CERTAIN STREETS AND ALLEYS IN SAID CITY; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. MOVED by Dakan, SECONDED by Wells to waive the rules requiring that a Bill be read at three separate times and read in full for one reading and pass the Ordinance on its first reading. Roll call vote: Those voting yes: Dakan, Wells, Blacker, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED MOVED by Dakan, SECONDED by Callsen that Bill No. 8 be passed and entitled Ordinance No. 2461 after the one reading by title only. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, and Ozuna. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (CONSIDER RESOLUTION TO AUTHORIZE THE MAYOR AND CLERK OF CALDWELL TO EXECUTE THAT CERTAIN "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION" FOR THE CITY OF CALDWELL PHASE 2 STORMWATER PERMIT) The Mayor requested that the City Engineer present the background information on this item Gordon Law, 621 Cleveland Blvd., was recognized and informed the Mayor and Council that the matter before them comes from a requirement that occurred because we were bigger than we were ten years ago. In the interim time, Congress and the regulatory agencies have directed that we obtain a National Pollutant Discharge Elimination System Permit relating to our stormwater which was called a Phase 2 Permit. Ada County and the City of Boise were required to apply several years ago because of their population growth. In the packet for Council tonight was a proposed application for permit. It was presumed that when this was submitted that E.P.A. will revue it and they may come back with suggestions or they may not. This was probably close to the final document that constitutes our discharge permit for stormwater. Mr. Law further stated that he had requested that Ms. Joan Meitl, who worked with the City of Boise at the time their Permit was being prepared, serve as a consultant to us to assist us in the preparation of this application. At this time, he would ask that she explain to the Council what she did and the philosophy she used to prepare it and give Council a chance to ask any questions they might have with regard to this matter. Joan Meitl, 1110 East Bannock in Boise, was recognized by the Mayor and informed Council that she did assist Mr. Law in preparing this application. Some of her remarks were that it was a two phased process; the first phase identified existing programs and activities so they could build upon those programs; there was a list of recommended activities that could be added to what the Public Works Department and the City was already doing to meet the requirements that E.P.A. has established; there was a list of six minimum measures in the packet the Council received; the City was required to provide public education, provide public involvement in the program, address illicit discharges to the stormwater system, establish a construction site discharge control program, and evaluate existing municipal operations to see if any activities could be implemented to reduce pollutants that might be discharged to the system. Ms. Meitl further reviewed the permit application for Council's benefit pointing out additional activities. The primary programs they were looking at that would be new to the City would be a program to address discharges from construction sites and additional operation and maintenance requirements for new development. She stated that they may need to pass a stormwater ordinance to provide additional authorities to control illegal dumping and illicit connections. Ms. Meitl concluded her remarks by stating that she would be happy to answer any questions the Council might have. The Council Members discussed this matter at some length with a number of questions presented to Ms. Meitl and Mr. Law. Mr. Meitl informed Council that the Permit the City will receive was a five year permit and the City was required to fully implement all activities by the end of that five year period. However, we phased them in with most of the new activities being phased in by year three with program implementation to continue the last two years. Other items discussed included the cost which involved mapping and code enforcement which Mr. Law indicated should be done this year. Mr. Law also informed Council that one cost he felt would be substantial was the improvement of the maintenance program which would mean more equipment and another item was that they expected that there would be some individual oversee this program either with one person or a part of a person. The Mayor commented that the Code Enforcement was probably going to be a multi department task After the discussion, the following Resolution was read in full by the Mayor as follows BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that certain "National Pollutant Discharge Elimination System — Permit Application" for the City of Caldwell Phase 2 Stormwater Permit, which permit application is attached hereto and made a part hereof as if set forth in full. MOVED by Wells, SECONDED by Callsen to approve the Resolution as presented by Mayor Nancolas. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (DISCUSSION ON CANYON COUNTY ADVISORY COMMITTEE FOR THE ANIMAL SHELTER) Mayor Nancolas reported to Council that this item was for discussion regarding the Animal Shelter Advisory Board. The Mayor stated that he received a letter from the Canyon County Commissioners which was as follows: We are putting together an Animal Shelter Advisory Board to provide insight and recommendations regarding the shelter on issues ranging from budgeting, staffing, physical facilities and animal welfare. The Board will be made up of representatives from the cities, the county and citizens in the community. The Board would meet quarterly and work closely with the Shelter Director Earle Wagner. If you feel it is appropriate, we would like to have someone representing Caldwell on the Advisory Board. We would like to get this Board established by the end of the year. If you could let us know who could represent your City by December 11", it would be greatly appreciated. At this time, the Mayor asked if there was anyone in the Council who would care to be on this Board. During the discussion, Councilman Dakan stated that he would volunteer to be on that Board. MOVED by Blacker, SECONDED by Wells to approve Jim Dakan as the City of Caldwell's representative on the Canyon County Advisory Committee for the Animal Shelter. Roll call vote. Those voting yes: Blacker, Callsen, Ozuna, and Wells. Abstain: Dakan. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (DISCUSSION BY THE CITY ATTORNEY PERTAINING TO THE INTENT TO EXCHANGE REAL PROPERTY OWNED BY THE CITY OF CALDWELL AND REAL PROPERTY OWNED BY JIM AND ROB MCGARVIN) Mark Hilty, Attorney at Law, 1303 12"' Avenue Road in Nampa. Mr. Hilty stated that it was at least a year and a half ago that Mr. McGarvin approached the City and we met with him. He owns property at the comer of Airport and Johnson and the City owns some property immediately to the east. Mr. McGarvin would like to use that property. There was discussion in 1988 about him leasing the property and the City has no use for it. The Mayor commented that Mr. McGarvin has been using this property for many years with permission from the City. It has been cleared off, fences built around it and the business tonight was simply a housekeeping item that he though was taken care of many years ago. He found out that he really didn't own that property when he was interested in selling. Mr. Hilty said that his history on this matter was not very good. There was minutes from a meeting in 1988 reflecting discussion about the lease which evidently never came to fruition. At any rate, he wanted to buy the property from the City and as we sat down to look at it, I believe we all agreed that an exchange of properties would be better for everyone involved. That was what we were to discuss tonight. The proposal was that the City would transfer everything that it owns except for the frontage right along Indian Creek. Mr. Hilty pointed out this property on the map for Council Members. There would be no exchange of money and no other consideration would be given or received by either party. In talking with the City Engineer, there was another issue regarding the potential reservation of rights of way on Johnson and that probably would be a part of the discussion. The function of the City Council at this time was to listen and ask questions which he would answer to the best of his ability. If they want to proceed with the exchange along these lines, we need to declare our intent to do so and schedule a public hearing in the future. What was really needed tonight was to make a couple of Findings: one would be that the property was under utilized by the City and that it would be in the public interest to pursue this type of exchange. The primary benefit to the City being ownership of the property necessary to develop some sort of green belt or walking path along Indian Creek. A Public Hearing would need to be noticed presumably for the 17' of March as there was a fourteen day notice requirement. We would also have to determine the width and if any rights of way on Johnson could be included in the transfer. Mayor Nancolas noted that Mr. McGarvin was more than willing to acknowledge that Indian Creek was of importance to the City as we are trying to connect the Greenbelt down along the river and it would be important that the City have access to Indian Creek to continue the pathway. The McGarvins have been using this property for about fifteen years with an original lease that was signed. The City really has no need for this property, but do have a need for the right of way and we need to address concerns raised by Mr. Law. During the discussion, it was noted that the City would have no need for this property in the future but the City would need to protect storm drain lines or any other utilities. There would also need to be negotiation with regard to the fencing. It was then MOVED by Wells, SECONDED by Dakan that the City Council make Findings that this piece of property was currently unutilized by the City and that the City has a desire to make improvements for public use along Indian Creek and that a land swap could be in the best interest of the City of Caldwell. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (EXTENSION OF JOHN WATSON'S CONTRACT) The Mayor handed out a copy of a memo from Mr. Waite to the Mayor and Council explaining the golf pro contract negotiations. Mr. Watson has been operating under a continuation of his existing contract. During the discussions, it has become very evident that there was a whole lot of information we need to gather. Mr. Waite was trying to put together a business plan. If the City does take over, we have a lot to learn about how we would operate and run the golf course if we were the ones who took over food, beverage and etc. There was also discussion as to whether Mr. Watson should bean employee of the City or an appointed official. In order to satisfy the needs of Mr. Watson to have a contract in place, the following recommendation was being made to the Council for their consideration: That the current Contract shall be extended to September 30, 2003; that beginning on March 1, 2003, the City shall receive five percent of gross sales of food and beverage sales and cart rentals; that beginning October 1, 2003, the City intends to take over management of the entire operation or any part thereof and hope to retain Watson under commission, salary arrangement or any other method agreeable to him; during this contract extension, Mr. Watson shall work with the City in developing a mission statement, management plan and budget detail for FY- 2003 -04; prior to June 1, 2003, Watson and City shall review existing policies and procedures administered at the course and make recommendation; and Watson and City shall negotiate the terms of the new agreement on or before September 1, 2003. After a short discussion, it was MOVED by Wells, SECONDED by Blacker to approve the recommendations presented by the Mayor. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,040,960.35 for the period ended February 12, 2003 and a net payroll of $176,092.52 for the pay period ended February 8, 2003. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,040,960.35 represented by check numbers 13184 and through 13426 and the total payroll for the amount of $176,092.52 represented by check numbers 1803 through 1894 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: Hopper. MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Wells reported on the meeting the Fair Board had with their architect. It was proposed that O'Connor be torn down and a new building be built to be taken over by the County. There was a lot of unanswered questions and a lot of it was contingent on the City giving up O'Connor. The Fair Board did give authorization for a master plan of the Fair Ground property and they have a month and a half to come back with a plan. Councilman Blacker commented that the Economic Development Committee was interesting and reported their work with a web site was going forward; reported on the Library Board meeting. Councilman Callsen noted that the College presented their views on the Indian Creek project. They looked at it from five or six different directions: Environment, economics, the history of the _f ux.r ti � 3 urine J V ' F • r •- Ao m S ® Ji +L