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HomeMy WebLinkAbout1991-02-19city council minutesBook 32 REGULAR MEETING February 19, 1991 7:30 p.m. The Meeting was called to order by Mayor Dakan. Page 27 The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Nancolas, Murdoch, Jarboe, Houchins, Absent: Houchins and Raymond. (ADDITIONS TO THE AGENDA) The Mayor stated that he would like to move Item Number 6 under the Consent Calendar regarding the possible sale of City property on Plymouth down to Item Number 9 under New Business. As there was no other changes, the meeting continued as outlined on the prepared Agenda. (CONSENT CALENDAR) The Mayor presented the following items on the Consent Calendar for consideration by the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of February 4th, 1991, and the Special City Council Meeting of February 11, 1991, and approve them as written; 2. Accept the minutes of the following Boards and Commissions: Airport Commission, February 7, 1991; Library Board, February 7, 1991; Caldwell Golf Board, February 6, 1991; Historic Preservation Commission, January 31, 1991; 3_ Pass the following Resolution authorizing the execution of an Airport Tenant Agreement with Howard Prescott; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND HOWARD PRESCOTT BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Airport Tenant Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Howard Prescott. 4. Pass the following Resolution authorizing certain people to purchase Federal Surplus Property; BE IT RESOLVED by the Governing Board, or by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordered that the official(s) and /or employee(s) whose name(s), title(s) and signature(s) are listed below shall be and is (are) hereby authorized as our representative (s) to acquire federal surplus property from the Idaho State Bureau of Surplus Property under the Terms and Conditions listed on the reverse side of this form. James R. Dakan, Mayor Teri Ottens, Administra.tive /Personnel Wally Cory, City Engineer /Public Works Director Lisa Thompson, Finance Director 5. Award the bid for the Montana Manor Lift Station to the low bidder, Schmidt Construction, in the amount of $50,654.90; Award the bid for irrigation replacement project to the low bidder, Circle H. Construction, in the amount of $41,760.40; 6. Approve the update of the Disadvantaged Business Enterprise Program. The memo from the Airport Manager explained as follows: The awarding of Federal Grant money for Airport Improvement Project 3 -16- 0045 -5 has generated a requirement to update our D.B.E. Program. This general Book 32 P g 1 ,5, r P 2 dh,­ument was been. upda LeO. and - vc rbal 1 y approved by the T-A.A. D-7.E. Office in Seattle, It now requires --- Council appro� anr, the Mayor's signature. Specific disadvantaged busin��^;s quol for the Project will be determined in coordina_ w-1."11i the :selected Project Consultant as the Project cfcvelops- MOVED by Nancolas, SECONDED by Valdez to accept and approve the Co_�sent Calendar with th.c deletion of item No, 6 as - _­esente by the Mayor. Rol' call -, rote. Those - voting yes: Nancolas, Murdoch, Jarboe,, and Valdez, Those voting no: none. Absent and not voting: Houchirs and Raymond. MOTION CARRIED OLD BUSIN77S (HEAR .._,_NG AND AUCTION OF Ti-17 CITY - PROPERTY LOCATED IN MONTANA MANOR) The ,4 a - ,7or req_upsted that the Planning and Zoning Di-rector, Nr. Croo'-, give a br-Je background report on this item- Mr. Cr ooks - ooks stated that in December of 1990, the Ci ty ty Council a air. ordinance declaring an excess of City property and into_ -- . se. said property at public auction. Furthermore, the nance declared that a, public hearing was to be held cn, the 19th day of February whore testimony could be taken a­lf said ,,=operty sold a this tj_r to tl highest bidder. As Council w recall, this property was purchased soji-.10. months, - ,arior to Decem"ber with the intent of rebuilding a new sew= lift station co serve - the Montana Manor residential TIO.a lift s w 11 be constructed within a po� of i.ot 3. -. was the intent of the Council-, that once it comp and improvements made, the properties cou be p on the mlarket and hopefully sold. There was t lots: Lot 2 , ., - as Lot An appraisa has been done on the properties in accordance with th.c State Law and - the sa advertised in the pa3Dc, Mr. Crooks further sE-,- , d that Lot 3 was discT.ssed witch the City End -'veer it WaS felt that any >ale of T 3 -,nould be 'accomlD, by a contingency in the escrow instruct.i_Ons - hat the constr"L.ction of the statJ_on was tC be coj be fore any final transfer of the title to the px A tir frame of three to four months was Enticipa..'C­_d befo completion. another alternative would be for the Cc:.) ',- defer the sale of Lot 3 until after construction. of the lift station is completed which could be aCCO- 7 i shed 1 vhrough a, continuance of the public hearing. Yayor Da_an informed Council that no one signed to speak to t hearl­g. He - then declared - the auction open for Lot 2, Bloc_'. 1, Jr.deen Subdivision and of 3, E31ock I., Jodoen j' Subd_ less an area 1-5 feet by 25 feet frc on College -Avenue which is to be set asice for t1hC-_ cons trl- ion c.Z a S 0- 7, e r lift stat to serve the Mcn.tana Manor res '-dential area. Including that the option on 'F]Fle prope�_ would, be deiarred to the sa-le o:E the lot until iTter constri of the 1A.-Ft station is completed.- Before a­. .ing for bids, 1 C.-he Mayor statec, that t appraisal pr-L7;n was 8J,000 for Lot 3 and $4,500 for Lot 2. Mayo— 7 akan a, if - there was anyone who cared to bid on both for $8,500. As there was no bidders, the Mayor ok tnc bidding for Loot 3 for Which there was no bidCiers. Th,n 'layor ':.en asked for bids for Lot 2 and received no bids. The ai '.cticn r•jas then closed by the Mayor.. The Mayor el­nlair that offers can be acceptod. for the property at so time - rn the future and brouc _j1 back to the City Council Book 32 for their consideration. OLD BUSINESS Page 29 (PUBLIC HEARING ON THE ASSESSMENT ROLL FOR L.I.D. 90 -1 - TINNIN LANE) The City Engineer was recognized and stated that last fall, the construction was completed on the Tinnin Sewer L.I.D. The L.I.D. was formed early in the summer and finished in early November. There was a total of six different assessments and the total construction cost was originally estimated at about $15,000; the final construction cost was just over $9,000. This amount was spread over the various properties on the basis of cost per front foot. Mr. Cory pointed out a diagram on the bulletin board showing the L.I.D. There was no engineering or administrative costs since it was done in- house. The Mayor declared the Public Hearing open and recognized Thomas Roman, 305 South Florida. Mr. Roman informed Council that he was the owner of the large lot and was here to protest his assessment of $3,578,.21. Mr. Roman felt it was unfair that he has to pay this amount for a single family hookup while his neighbors paid approximately $1,000 for their single family hookup. Mr. Roman further asked the City Engineer if the sewer line was deep enough to drain his basement. He was informed by Staff that it was deep enough. Council discussed this assessment at some length with Mr. Roman explaining that this improvement would raise the value of his property. Mr. Cory, the City Engineer, explained to Mr. Roman the method in assessing the amount owed and the advantages to him with the method used for this District. - Mr. Roman further stated that he understood there has been a policy in the past of waiving the service connection fee and he would ask that this be waived at this time. The City Engineer explained that there was no service connection fee assessed. In other words, there has been no assessment to him. There is an assessment of 5750 to someone who did not participate in the construction of the line. In this case, the $750 has been waived and is not a part of the assessment. The Mayor closed the Public Hearing. (CONSIDERATION OF BILL NO. 1 CONFIRMING THE ASSESSMENT ROLL FOR L.I.D. 90 -1) The Mayor stated that the next order of business would be consideration of Bill No. 1 Confirming the Assessment roll for L.I.D. 90 -1. Councilman Nancolas asked if the Staff recommended that this Hill be passed by suspending the rules or whether it should go through the normal three readings. The City Engineer stated that it could go for the three readings; however, the assessment roll is prepared and ready to go. If Council felt they were prepared to go forward, they were ready to act on the Assessment Roll. The Mayor read Bill No. 1 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 90 -1 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN Book 32 Paget 30 SAID LOCAL IMPROVEMENT DIS`T`RICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING TH^ ASSESSMENT CONTAINED TT.EREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALID.T.T'Y, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD 'THEREON AND THE NOTICE OF SAID ::SEARING AS TO SAII LOCAL IMPROVEMENT DISTRICT; P70VIDING ST:PARABII ;ITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor declared that this would be the first reading of Bill_ No. 1. (ESTABLISL THE IN'T'E7EST RATE FOR L.I.D. 9C -1, TINNIN LANE; Mayor Dakan. informod Council that the ne - orders of business would be to set the interest rate for the L.I.D. MOVED by Nance.as, SECONDED by Murdoch. that the interest rate for Tin., Lane L.I.D. 90 be set; at 6.9%. Roll call -Mote. Those toting yes: Nancolas, Murdoch, Jarboe, and Valdez. Those voting no: none. Absen'., and not voting-- Houch -ns and Raymond. MOTION CARRIED Recognition of Cu Scout Troop from Den 1 :, Pack 226 who were a' the Counci. meeting to earn their Citizenship Award. {RES010TION AUTHORIZING EXECUTION 07 A LEASE OF CITY PROPERTY WITH CA-: °ENTER'S SCREEN PRINTING.? The Plonning and Zoning Director, Dennis Crooks, informed Council that Carpenter Screen Printing has requested from the City the ability to use and improve for off street parking - purposes a portion of the Tenth Avenue right-of-Nay which lies � @neath the Tenth Avenue overpass. Section 50 -1409, Idaho Code, states that the Mayor and Council may, by resolution, authorize the lease of any property not needed fo__ City purposes, upon. such - `terms as may be just and equ�_t,able . ', draft 3esolut ion and "ease Agreement have been prepared for consideration by the City Council. Mr. Crooks further said Mr. Carpenter has looked over the Lease and it yes generally acceptable to him. The recommendation at this ti! ie would in for Council to take action on the Resolution and the intent would be to have the City Attorney review the lease Agreement- The Resolution was as follows: RESOLUTION AUTHOEIIZING THE MAYOTZ AND CITY CLER TO EXEC'(JTE A LEASE AGREEMENT SETWEEN Ti-FE CITY OF CALIrn1ELL AND BOB CARPENTER. BE lT RESOLVED THAT The Mayor and City Clerk of the City of Caldwell, bra and th.e same hereby are, authorized to execute that certain Lease Agreement attached hereto and mace a part thereof as if set forth -n. ful=l. by and hetween the City of Ca7_dwe11 and Boss MOVED by warboe, SECONDED by Nancolas that the Resolution be pas.pal authorizing she execution of the Lease Agreement with Bob Carpenter r upon review of the document by thhe City Attorney. Roll calm uote. Those voting yes: Jarboe, Valdez, Nancolas, and '., rdcch. Those voting no: none. Absent and not voting; Houc ?'yi �s and -- aymond. Book 32 MOTION CARRIED (PRESENTATION ON THE CALDWELL AGRICULTURE EXPO) Page 31 Mayor Dakan explained that the City has been working on some plans to expand the Caldwell Events Center. The conceptual idea is to add facilities to encourage agrilcultural and equestrian uses all year round. In pursuit of this, the City had Tom Bicak, a Recreation and Facilities Specialist, draw some conceptual plans on what might be possible. Mr. Bicak is present tonight to present some of these conceptual renderings with some brief explanations. Mr. Bicak was recognized by the Mayor and presented his plans to the City Council with regard to this facility. He explained that several people were involved in the original concept of this facility including Glenn Koch, a former County Commissioner; Dick Winder; the Mayor; Darrell Boltz, County Extension Agent; Caldwell Unlimited; and others. The Mayor pointed out on the drawings the parcels of land that were obtained through the help of Caldwell Unlimited until further funding could be secured. (PRESENTATION BY STEVE POTTS, IRRIGATION SUPERINTENDENT, REGARDING POLICY ON IRRIGATION REPAIR COSTS) Steve Potts, Irrigation Superintendent, was recognized by the Mayor and informed Council that the Policy for charging for repair work on private risers and service line leaks which are within right of way or easements was adopted by the City Council on April 4, 1988. There laas been no increase in the fees since that time. Due to the increase in cost of materials and fittings, it would be my recommendation that the repair rates be increased to reflect this added cost. The changes requested were as follows: 1. Re- install existing riser (no digging) $15.00 2. Remove old riser and install new riser $35.00 to 40.00 3. Remove riser, repair lead in stand pipe $25.00 and re- install riser (no digging) 4. Dig out and repair lead in service line $45.00 to 50.00 (service line is line off main. line or lateral that services property or riser on main line, or lateral that services property) 5. Install new PVC riser (stand pipe & $35.00 to 42.50 riser only) 6. Install new PVC riser and service line (material cost) property line. Property owner shall be required to replace landscaping (replant grass, shrubs, and trees), and to replace any concrete that is removed in order to make repairs. MOVED by Jarboe, SECONDED by Nancolas to approve the changes in the Policy on Irrigation Repair Costs as presented by Steve Potts, Irrigation Superintendent. Roll call vote. Those voting yes: Jarboe, Valdez, Nancolas, and Murdoch. Those voting no: none. Absent and not voting: Houchins and Raymond. MOTION CARRIED (PRESENTATION BY COUNCIL PRESIDENT NANCOLAS PERTAINING TO DRIVING UNDER THE INFLUENCE) Councilman Nancolas was recognized by the Mayor and stated that the City Council and the entire City of Caldwell was concerned with the rising number of Driving Under the Influence arrests and related incidents in the City. It was Book 32 Page 32 folt that perhaps they were not being punished sufficiently when caught. Therefore, a letter was prepared stating the Mayor"s and the Council's opinion with regard to t matter. This would be sent to the City Attorney and to the Prosecuting Attorney for the County. The letter was as follows: The City Council has recently expressed publicly the ultimatr-- importance of our DUI laws and their enforcement in our community. 'Olhile we understand the necessity of "plea ba. in certain cases, we'd like to express our desire that the DUI cases that come before you are prosecuted to the ful! axtent wS the law and Oat maximum penalties are sought. We feel this may be the only way to begin to tackle the DUI problem in our community. Councilman Nancolas requested that, if in agreement, toe Council accept this letter by motion so it can be sent to the approp. offices. MOVED by Nancolas, SECONDED by Jarboe to accept this letter as presented pertainj_ng to the D.U.1 Roll call vote. Those voting yes: Nancolas, Murdoch, 'arboe, and Valdez. Those voting no: none. not ?lbsent and vo.,-.ng: ITouchins and Raymond. MOTION CARRIED (REQUEST FOR AN EXECUTIVE SESSION) Mayor Dakan informed the City Council that he would request an Executive Session immediately following the Regular City Council Meeting for the purpose of discussing land acquisition. MOVED by Murdoch, SECONDED by Valdez that pursuant to Idaho State Code, Section 67-2343, an Executive Session be held immediately following the Regular City Council Meeting for the purpose of discussing land acquisition. Roll call vote. Those voting yes: Murdoch, Jarboe, Valdez, and Nancolas. Those voting no none. /.bsent and not ,,noting: Houchi and Raymond. MOTION CARRIED (INFORMATIONAL MEMO WITH REGARD TO THE POSSIBLE SALE OF CITY PROPERTY ON PLYMOUTH) Mayor Dakan stated that the next item would be Item No. 6 origiaally placed on the Consent Calendar, but included under New Business so there v.ould be some discussion. The Planning and Zoning Director informed Council that this was an informational item only. Staff was looking for some direction from the City Council. The Item involves property on the north aide of West PIymouth Avenue west of First Avenue. There has been some interest in the prospective p c this property. The property is currently zoned R-27 (Combined Medium Density Residential) and the site is chavanterized by steep terrain and separates the lower portion portion of Canyon Hill with the canyon rim area. The p7operty may have limited development potential and may be better utilized for park, open space or recreational use. The site chuld b2 a contributing factor in providing pedestrian/trail linkage between the Boise River Greenbelt, Curtis - 'ark anc� Luby and other areas of Canyon Hill. Mr. Crooks further commented that on the 18th of March, a requost has teen submitted to the City for the consideration of vacating First Avenue which is in the same general area. Also, the mobile home Dark in the area is up for sale at the present time. Therefore, we have the whole corridor of Book 32 Page 33 Plymouth Avenue all the way from the river almost down to Illinois. If the Council finds that the possible sale of the property may be in the best interest of the City, then Staff should be directed to prepare an ordinance declaring an excess of City property and intent to sell the property at public auction. The ordinance would be considered at a future meeting. After some discussion from the City Council, it was agreed that the Planning and Zoning Director pursue preparing the said ordinance. Members of the City Council also stated that they would like an opportunity to look at the property in the meantime. (FINANCIAL REPORT) Councilman Murdoch reported that there was accounts payable in the amount of $306,562.63, a payroll in the amount of $149,741.56. The bills were reviewed and Councilman Murdoch MOVED, and it was SECONDED by Nancolas that the accounts payable in the amount of $306,562.63 represented by checks number 18709 through 18863 and a. payroll in the amount of $149,741.56 represented by checks number 31651 through 31852 be accepted, the bills paid, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Murdoch, Jarboe, Valdez, and Nancolas. Those voting no: none. Absent and not voting: Houchins and Raymond. MOTION CARRIED (AUDIENCE PARTICIPATION) Councilman Nancolas reported on the leadership Program at the College of Idaho, the name of the new school on Canyon Hill was to be Secajawea, and that he and his wife were expecting a baby. (MAYOR'S COMMENTS) Mayor Dakan commented on the many people asking to decorate a tree at Fairview Golf Course to note their Support for the Troops in the Middle East. The Press Tribune has been covering projects in Caldwell and he complimented them for doing so. (ADJOURNMENT) As there was no further business, it was MOVED by Murdoch, SECONDED by Jarboe that the Regular City Council Meeting be adjourned at 8:30 p.m. and that the City Council convene into an Executive Session. MOTION CARRIED After meeting in the Executive Session for the purpose of discussing land acquisition, the Council adjourned at 8:57 p.m. APPROVED AS 1991. written THIS 4th DAY OF March Co zaclperson� Cou ualperson ATTEST: ?,o t;.!� f _ City Clergy: �i