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HomeMy WebLinkAbout2001-02-20city council minutesBook 42 Page 26 REGULAR MEETING FEBRUARY 20, 2001 7:00 P.M. The Meeting was called to order by the Acting Mayor Rick Wells and he welcomed everyone to the Meeting. He explained that the Mayor was unable to attend the Meeting tonight so he would be conducting. The Invocation was offered by Pastor Crownover from the First Assembly of God. After the Invocation, the Acting Mayor requested that everyone stand for the PIedge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Wells, Ozuna, Langan, and Callsen. Absent: Earl and Gable. ADDITIONS OR DELETIONS TO THE AGENDA. The Acting Mayor asked if there were any additions or deletions from the prepared Agenda. It was MOVED by Callsen, SECONDED by Ozuna to amend the prepared Agenda by removing Item No. 6 under the Consent Calendar and adding a new No. 6 to the Consent Calendar which was the Findings of Fact, Conclusions of Law, and Order of Decision prepared by the City Attorney pertaining to Klub Kokonuts and also adding an Item No. 7 under the Consent Calendar to approve the bid for the Security Package for the new Police Station. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED AUDIENCE PARTICIPATION. The Acting Mayor asked if there was anyone from the audience who cared to address the City Council on any item that was not included on the prepared Agenda. Eric Abbott was recognized by the Acting Mayor and expressed his concern about his sidewalk and curb that was completed on April 16, 1998 under an L.I.D. and warranted for a year. During a cold period that winter, the curb cracked so he talked with the Engineering Department who assured him that it was still under warranty and would be fixed. Because of the problems, he has not paid on the LLD. and would not pay until it was fixed. Gordon Law, the City Engineer, stated that he would check with Mr. Enebo as to the facts in this matter. CONSENT CALENDAR Acting Mayor Wells presented the following items on the Consent Calendar for Council consideration: I . Dispense with the reading of the minutes of the Regular Council Meeting held on February 5, 2001 and approve as written; 2. Approve acceptance of the following minutes of boards and commissions: Housing Authority minutes from meetings held on November 7, 2000; December 12, 2000, and January 9, 2001; Caldwell Industrial Airport Meeting of February 5, 2001; 3. Approve the following Resolution authorizing the execution of an Energy Audit Agreement with Viron Energy Services: 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 Agreement entitled "Energy Audit Agreement' by and between the City of Caldwell, Idaho and CMS Viron Corporation, which Agreement is attached hereto and rude a part hereof as if set forth in full and which Agreement is for the purpose of performing an energy audit for the City of Caldwell 4. Approve the following Resolution authorizing the Mayor to execute an Agreement with U. S.B.R. for relocation of the "A" Drain: 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 Agreement by and between the City of Cald�yell, Idaho and United States Bureau of Reclamation which Agreement is attached hereto and made a part hereof as if set forth in full, and which Agreement is for the purpose of relocation of the "A" Drain in connection with Skyway Business Park. 5. Approve the following Resolution authorizing the execution of an Airport Tenant Agreement with Damon Bradshaw: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT TENANT AGREEMENT BETWEEN THE CITY OF CALDWELL AND DAMON BRADSHAW. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are authorized to execute an Airport Tenant Agreement as attached hereto and Book 42 Page 27 made a part hereof as if set forth in full by and between the City of Caldwell and Damon Bradshaw. 6. Approve and accept Findings of Fact, Conclusions of Law and Order of Decision on the Klub Kokonuts appeal of the denial of their beer and wine license as follows: BEFORE THE CITY COUNCIL OF THE CITY OF CALDWELL, AN IDAHO MUNICIPAL CORPORATION In the matter of an appeal of a denial of an application for a beer /wine license by Barbara and Efrain Lara FINDINGS OF FACT, And Klub Kokonuts 2001 CONCLUSIONS OF LAW AND ORDER This matter came regularly on for hearing pursuant to Caldwell City Code 06- 07- 15(2)D on the 16` day of January, 2001 and continuing on the 5 "' day of February, 2001. The Caldwell City Council does hereby make the following findings, conclusions and order; I. RECORD The record of the proceeding of the above referenced matter consists of the following: 1. Exhibits. (a) Packet of information submitted by City Staff identified as Exhibit "CC -1." (b) Packet of information submitted by Appellants identified as Exhibit "CC -2 ". (c) Packet of information submitted by City staff identified as Exhibit "CC -3." (d) A copy of the Appellants' State issued Beer /Wine License for the year 2000 identified as Exhibit "CC -4." (e) State of Idaho, Department of Law Enforcement, Alcohol Beverage Control Division listing of licensed retailers in Canyon County submitted by Appellants identified as Exhibit "CC -5." 2. Documents. (a) Notice of Hearing for the Caldwell City Council. 3. Hearings. (a) A public hearing was held on the 16" day of January, 2001 which was continued. (b) A continued hearing was held on the 5 "' day of February, 2001. 4. Persons testifying. (a) Mark Hilty and Timothy L. Fleming, attorneys for the City of Caldwell of 621 _ Cleveland Blvd., Caldwell, Idaho 83605 (b) Chris Kronberg of 815 West Washington, Boise, Idaho 83702 -5590, attorney for Barbara and Efrain Lara. II. DECISION Whereupon the Council being duly informed upon the premises and having reviewed the record, evidence and testimony received and being fully advised in the premises, do hereby make the following findings of fact, conclusions of law and order; A. FINDINGS OF FACT I. The Lam's have for several years been operating an establishment known as Klub Kokonuts at 710 Main Street in Caldwell, Canyon County, Idaho. 2. As a part of the business, Klub Kokonuts serves alcoholic beverages by the glass and has in years past obtained appropriate licenses from the State of Idaho, Canyon County and the City of Caldwell for the sale of alcoholic beverages. 3. On or about September 6, 2000, the State of Idaho acting through the Alcohol Beverage Control Division revoked Klub Kokonuts status as a "restaurant," finding that less than 40% of the gross receipts at Klub Kokonuts were for the sale of food. 4. The actions of the Alcohol Beverage Control Division were communicated to the Caldwell Police Department shortly after September 6, 2000 5, Klub Kokonuts is located within a commercial zone (C -2) within the corporate City limits of Caldwell, Idaho. 6. Klub Kokonuts has represented itself to the City of Caldwell as a "restaurant" in years past, however, the principal business conducted on the premises is not the selling food prepared on the premises for consumption on or off the premises. Rather, the primary business conducted at Klub Kokonuts is the sale of alcohol beverages by the glass. 7. Neither the Laras, nor any other party in interest, has obtained a special use permit to operate Klub Kokonuts as a bar, tavem, or lounge in a commercial zone in the City of Caldwell. 8. The Laras received City Clerk Betty Jo Keller's letter of December 7, 2000 advising them that their application for renewal of a Beer /Wine License was denied. 9. The Laras timely appealed the decision of the City Clerk to the City Council pursuant to Caldwell City Code 06- 07- 15(2)1). 10. Notice of the proceedings was duly given in accordance with Idaho Law. B. CONCLUSIONS OF LAW 1. The issuance of a Beer /Wine License by the City of Caldwell is a privilege and the Laras enjoy no property or liberty right in the issuance of a Beer /Wine License or the renewal thereof. Book 42 Page 28 2. Pursuant to City Ordinance 10- 02 -02, a restaurant is permitted outright in a commercial zone, but a bar/lounge/tavern can only be operated in a commercial zone, including a C -2 zone, after the issuance of a special use permit 3. Pursuant to Caldwell City Code 06- 07 -13, the Laras are not qualified for either the issuance of or renewal of a Beer /Wine License because the proposed premises at 710 Main Street, Caldwell, Canyon County, Idaho does not conform to the Planning and Zoning regulations of the City of Caldwell. 4. The City Clerk's denial of the Lara's application was appropriate and in conformity with Caldwell City Code 06- 07- 27(1). 5. In denying the application, the City Clerk provided the statutes, ordinances and/or standards used to evaluate the application, specified the reasons for the denial, and explained the actions the applicant could take to obtain the license renewal, to -wit: obtain a special use permit. 6. Klub Kokonuts is not now nor was it at the time the Lara's application was denied, a "restaurant" within the meaning of Caldwell City Code 06 -07 -05 "RESTAURANT.',' 7. The Caldwell City Council has the authority to hear this appeal and to render a decision on the issues presented. S. The conduct of the City Clerk in denying the Lara's application for renewal of a 13eer /Wine License was appropriate and in conformance with all applicable state statutes and Caldwell ordinance provisions. 9. All of the notice requirements provided for by state statutes and Caldwell City ordinance provisions have been met. 10. The hearing conducted in this matter was in conformance with all applicable state statutes and Caldwell City ordinance provisions. ORDER AFFIRMING ACTIONS OF CITY CLERK The Caldwell City Council having reviewed the above entitled record, having listened to the arguments and presentations of those providing testimony, being fully informed in the premises and further based upon findings of fact and conclusions of law hereby orders as follows: That Laras are not qualified for the issuance of a Beer /Wine License because they have failed to propose premises that conform to the planning and zoning regulations of the City of Caldwell. Klub Kokonuts is not a "restaurant" within the meaning of relevant Caldwell City ordinances, rather it is a bar, tavern, or lounge. As such, a special use permit must be issued before the premises will qualify for the issuance of a Beer /Wine License, These Findings of Fact, Conclusions of Law and Order was approved by the Caldwell City Council on the 20 day of February, 2001. 7. Approve Security Bid Package #34 for the new Police Station as recommended by the architect, construction manager and Finance Director. MOVED by Langan, SECONDED by Callsen to approve the Consent Calendar as presented by the Acting Mayor. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. OLD BUSINESS MOTION CARRIED (PROTEST HEARING FOR LOCAL IMPROVEMENT DISTRICT NO. 00 -2, CONCRETE CONSTRUCTION) Acting Mayor Wells stated that this was the time scheduled for a Protest Hearing for Local Improvement District No. 00 -2, for concrete construction. He opened the Protest Hearing and informed Council that no one was signed to speak to this matter. The City Engineer, Mr. Law, noted that at the last Council Meeting, the Assessment Roll for this particular L.I.D. for miscellaneous construction of concrete for replacement of concrete curbs, gutters, sidewalks and driveway approached was accepted by Council and a Protest Hearing was set for this evening to hear protests concerning individual assessments. Mr. Law further stated that he brought one of his Staff, Mr. Todd Binford, who has been running the concrete L.I.D. since Gene Enebo retired. He received a couple of protests that were received either in writing or verbally to him and will bring those to Council's attention. Mr. Law further said that he was personally unaware of any additional protests beyond the ones that Todd received. The Acting Mayor noted that the City also received a letter from Chuck Randolph, dated February 19, 2001, with regard to this L.I.D. which he read as follows: I am the owner of four lots, two dwellings, located at 1418 and 1424 Blaine Street. The property is situated within the area of L.I.D. 900 -2. I asked for construction of a driveway approach and the replacement of some curb and sidewalk. Privately, inside the property line, I contracted with Mark Hess for additional work. 1 have been very pleased in working with the City of Caldwell, Todd Binford and Mark IIess. I am also pleased with the quality of the work. Book 42 Page 29 At the start of the project, I received an estimate of $461.00; the assessment carne in at $547.55. In analyzing the bill, I noticed that I was being charged for more concrete removal (253 square feet) than I had; the 130 square foot driveway approach had never been hard surfaced. 1 believe that the bill is based on 130 square feet more concrete removal than was actually there. At $ .65 per square foot I think that this portion of my share of the LID should be adjusted downward by $84.50. Thank you for your cons ide€ation. Todd Binford reported that he met with Mr. Randolph on February 7, 2001 and agreed with his analysis. He advised Mr. Randolph to write a letter to the Council and it was his recommendation that the costs for him be adjusted as requested. Mr. Binford informed Council that there was another person, Robert Hawley, 1107 Pine Street, who also had a concern. He met with him on the 15` of February and discussed problems with his sidewalk that was put in last summer. There was about a seventeen foot section that heaved up about a quarter of an inch. He went out and observed this problem and told him to be here tonight to protest. In talking to Mr. Hess, he indicated that it was still under a one year warranty and he would get it fixed sometime this spring. He would ask that Mr. Hawley contact City Hall if this was not completed within a reasonable time. Mr. Hawley stated that he really had nothing to add to Mr. Binford's comments. The Acting Mayor noted that the concerns seem to be more about the quality of work, rather than the cost. The L.I.D. would be as presented with the exception of the downward adjustment for Mr. Randolph. The City Engineer suggested that if Council agreed with the protest, they were supposed to consider it, weigh it and pass on it and if they agreed with Mr. Randolph's request for a reduction, they need to amend the Assessment Roll as accepted in previous meeting. Then that amended Assessment Roll would become part of the closing Ordinance which was the next item to consider. MOVED by Callsen, SECONDED by Langan to close the Protest Hearing. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Ozuna to amend the Assessment Roll for L.I.D. 00 -2 in the case of Chuck Randolph's property located at 1418 and 1424 Blaine by subtracting $84.50 from the construction cost and as requested by Mr. Randolph. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED Mr. Law pointed out that the reduction in the Assessment Roll under Assessment No. 57 for Mr. Randolph also affects either three or four numbers in the body of the Ordinance on page 3 under parts c) and d). He recommended that the Ordinance be amended to incorporate the change. (CONSIDER BILL NO. 1, CONFIRMING THE ASSESSMENT ROLL FOR L.I.D. NO. 00 -2 WITH REQUEST TO WAIVE THE RULES AND PASS AFTER THE FIRST READING) The Acting Mayor read Bill No. 1 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 00 -2 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 CONECTION 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 SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, 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 HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Langan, SECONDED by Ozuna to waive the rules requiring that a bill be read three separate times and read in full for one reading. Book 42 Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED MOVED by Ozana, SECONDED by Langan that Bill No. I be passed and entitled Ordinance No. 2366 after the one reading by title only with amendments to part c) and d) as discussed by the City Engineer. Roll call vote. Those voting yes: Ozuna, Langan, Callsen, and Wells. Absent and not voting: Gable and Earl. Those voting no: none. MOTION CARRIED (PROTEST HEARING FOR LOCAL IMPROVEMENT DISTRICT NO. 01 -1 FOR MISCELLANEOUS CONCRETE) The Acting Mayor informed Council that this was the time established for the Protest Hearing for Local Improvement District No. 01 -1 for miscellaneous concrete. The Protest Hearing was opened and he noted that no one was signed to speak regarding this L.I.D. The City Engineer, Mr. Law, explained that L.I.D. 01 -1 was a Local Improvement District to be formed for the purpose of doing miscellaneous concrete construction at various locations throughout the City of Caldwell. This L.I.D. is formed for the purpose of replacing the one which was just closed out with the previous action. There was nothing that has changed significantly from this L.T.D. as to what occurred in the previous L.I.D. These have been successful projects and they felt it was appropriate to recommend to Council that they consider keeping this L.I.D. alive. MOVED by Langan, SECONDED by Ozuna to close the Protest Hearing. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (CONSIDER BILL NO. 2 TO FORM L.I.D. 01 -1, MISCELLANEOUS CONCRETE, WITH THE REQUEST TO WAIVE THE RULES AND PASS AFTER THE FIRST READING) Acting Mayor Wells read Bill No. 2 by title only as follows: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO CREATING LOCAL IMPROVEMENT DISTRICT NO. 01 -1 FOR CALDWELL, IDAHO, FOR THE CONSTRUCTION OF CONCRETE CURBS, GUTTERS DRIVE APPROACHES, AND SIDEWALKS, PROVIDING FOR TIIE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENTS AND FOR TIIE BASIS OF MAKING SAID ASSESSMENTS; SETTING FORTH TIIE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING TIIE ASSESSMENT ROLL, AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION BIDS. MOVED by Callsen, SECONDED by Ozuna to waive the rules requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED MOVED by Callsen, SECONDED by Langan that Bill No. 2 be passed and entitled Ordinance No. 2367 after the one reading by title only. Roll tail vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (THE CITY ENGINEER'S RECOMMENDATION ON TITS RESOLUTION OF LINEAL VENEER'S COST SHARING REQUEST) The Acting Mayor noted that the next item on the Agenda was with regard to the City Engineer's recommendation on the resolution of Lineal Veneer's cost sharing request. The City Engineer, Mr. Law, informed Council that he presented a summation in their packets of the discussions that took place with Mr. Jackson. The only thing he would add was to make note that Mr. Jackson was not in total agreement on the recommendation. Therefore, it puts the issue back to Council as to what they want to do. Mr. Law's recommendation was as follows: Page 30 The Mayor and Council asked the City Engineer to meet with Mr. Rick Jackson of Lineal Veneer to formulate a resolution of the odor and corrosion problems in the Chicago Street sewer. The Book 42 Page 31 Council requested any recommendation be returned to them for further action. Following are the results of that effort. The City Engineer considered City participation in the costs of the Lineal Veneer project using the benefit of prolonging the life of the Chicago street manholes from the Lineal Veneer improvements as justification. The City's life expectancy for sanitary sewer manholes is 50 to 70 years. There is nothing in Lineal Veneer's proposed change that would make manholes last longer than the normal design life and consequently there is no basis for participating in the Lineal Veneer' project using this criteria. The City has been responding to the odor problems on Chicago by flushing the sewer line on a weekly basis. The equivalent commercial cost for this work is between $1,200 and $1,600 per week. I proposed to Mr. Jackson, subject to the approval of Council, to refund Lineal Veneer this ongoing O & M cost up to April I if they expedite their project and eliminate the City's need to continue flushing their lines. This would be incentive for Lineal Veneer to bring their new process on line quickly and Rick would have the advantage of reducing his out -of- pocket costs to make the modifications. Rick requested the target date be moved to May 1. 1 suggested we split the difference and set a target of April 16. In essence, the City would pay Lineal Veneer $100 per day for every day they get their system improvements on line ahead of the April 16 deadline. After further consideration, I would propose that Lineal Veneer pay to the City $200 per day for every day after May 16 they fail to bring the improvements online. This again has the same beneficial motivation for speedy performance. Council's approval is necessary before implementing these proposals. Mr. Jackson and the City Engineer also reinvestigated the cost recovery rate of making the proposed changes. Taking into account recent increases in natural gas costs and removing from the project items not related to odor and corrosion control, it was determined that the true payback time was somewhere in the range of 12 to IS months. This assumes one operating shift per day. The payback is much quicker if two or three shifts are operating. It is the City Engineer's conclusion the project is financially viable irrespective of its odor and corrosion control benefits. After Council considers the recommendations enclosed here, they may adopt them by a motion from the bench. If Council wishes to suggest alternatives or amendments to the proposal, they can be provided either by amendment or motion in the same fashion. The Council and Mr. Law discussed this at some length. MOVED by Callsen, SECONDED by Ozuna that the Council accept the City Engineer's proposal for Lineal Veneer and encourage them to speedily get the job done. The City Engineer stated that if Council was in agreement with the dates and methodology, he would notify Mr. Jackson of the decision and have the pre - treatment coordinator prepare a permit, which reflects your instructions on this matter. The Acting Mayor inquired as to whether this motion would leave any room if Mr. Jackson makes an adequate effort to comply and was unable to do so for reasons outside of his control. Councilman Callsen noted that he would always have the option to appeal the decision. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED NEW BUSINESS (REQUEST FROM PAIL SMITH FOR A BUILDING PERMIT FOR 2605 IOWA AVENUE) The memo received from the City Engineer pertaining to this request was as follows Phil Smith has applied for and received a building permit for 2605 Iowa Avenue to convert a single family dwelling into a duplex. This property, as seen on the attached map, is located at the southeast corner of Iowa and Willow. Current street improvements adjacent to this property consist of curb, gutter, and pavement. As required by the City's Infrastructure Improvement Policy, the construction of a 4 -foot wide sidewalk along the Iowa/Willow street frontage was attached to said building permit. Two mature Sycamore trees currently exist within City right of way (approximately 5o to 6 feet behind the curb) along the Iowa frontage. Mr. Smith is concerned that the construction of the sidewalk will damage these trees. An existing fire hydrant at the corner would also be required to be relocated to ensure sufficient room for the proposed sidewalk /pedestrian ramp. Attached hereto is a letter from Mr. Smith requesting a deferral agreement for sidewalk along Iowa and Willow street frontage adjacent to the existing dwelling. The Engineering Department has explained to Mr. Smith that these improvements do not meet the conditions for a sidewalk deferral agreement outlined in section 5 -4 -4 of the City's Infrastructure Improvement Policy. Engineering staff met on site with the City Forester to attain his opinion as Book 42 Page 32 to whether the construction of the sidewalks would severely damage the trees. The City Forester's opinion was if care was taken during excavation (which may include some hand digging around the root structure) a 4 -foot wide sidewalk could be constructed without extensive tree damage. This information was reported to the applicant. Mr. Smith has chosen to submit his case before the City Council for its decision. The Engineering Department recommends that Mr. Smith carefully excavate around the trees and install the sidewalk according to City specifications. Mr. Smith was recognized by the Acting Mayor and expressed his appreciation to the Staff for helping him during this process. He explained what his plans were for this property stating that he really did not have a problem with installing a sidewalk in front of the new structure; however, the existing house at 2603 has thirty -six year old Sycamore trees within 5 feet of the curb. He was afraid that a sidewalk installation will cause severe root trauma for those trees. There is also a fire hydrant at the corner that will have to be removed as well as reconstruction of the storm drain. Since the only continual sidewalks in a two -block radius are on Linden, there will be nowhere to go from the comer except into the street. I am respectfully requesting a deferral of the sidewalk in front and the Willow side of 2603 Iowa and the construction of a pedestrian ramp until further improvements in the area allow for pedestrian flow. We have constructed decorative gravel walkways in these areas for safety. Mr. Law informed Council that a member of his Staff Steve Willcuts, was present and would answer any questions that Council might have. Mr. Willcuts stated that he did talk with Gary Shoemaker from the Water Department about the fire hydrant. He indicated that City crews would relocate that fire hydrant and Mr. Smith would be responsible to reimburse the cost for doing that. He also met with the City Forester on the site to look at the trees and they agreed that they were nice and mature trees. They evaluated the possibility of putting in a four -foot sidewalk and the City Forester thought that with careful hand digging that it could be installed without severe trauma to the trees. This was their recommendation to Mr. Smith. The discussion continued particularly with regard to the berm surrounding the trees; the possibility of a deferral agreement with certain requirements; they have to be, careful to adhere to ADA requirements; the City Forester said he would be willing to stop by and offer some assistance; the City Engineer indicated that the removal of the fire hydrant would be done on a time and material bases and he would have to ask Gary Shoemaker about this cost; the City Forester believed the sidewalk could be put in without too much trauma to the trees. After the discussion, it was MOVED by Langan, SECONDED by Ozuna that the City Council accept the recommendation of the Engineering Department and have the sidewalk placed as outlined and also that the City move the fire hydrant for them. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED The Acting Mayor stated that if there was a problem with the tree in the process, it should be revisited. This was in his view. (RESOLUTION OF INTENTION FOR LOCAL IMPROVEMENT DISTRICT 01 -2, AN L.I.D. FOR FINANCING SEWER AND WATER CONNECTION FEES WITHIN THE CITY OF CALDWELL AND SET MARCH 19, 2001 FOR THE PROTEST HEARING) The next item under New Business was to consider the Resolution of Intention for Local Improvement District 01 -2 for financing sewer and water connection fees and to set a Protest Hearing for March I9 Mr. Law, the City Engineer, reported that the proposed Resolution before them was actually part of a double action that Council will be considering this evening. One was the acceptance of an Assessment Roll for a past utility connection fees L.I.D. and this would be the one to replace it. This L.I.D. was for financing sewer and water connection fees associated with buildings or projects that were overtaken by sewer and need to find a way to pay for those fees over a period of time. This L.I.D. was run like ahnost all other Local Improvement Districts which was a ten year pay back period with financing somewhere in the range of four to seven percent. L.I.D. financing rates have been very good lately. Everybody who chogses to participate in this L.I.D. to pay the cost of the bonding and etc. has ten percent added to their assessment to pay those costs. We have had a reasonable number of participants with these kinds of Local Improvement Districts acid they would propose that Council favorably consider the attached Resolution and set March 19 ° i as a Protest Hearing on the formation of a new fee L.I.D. The Acting Mayor read the Resolution by title only as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CREATE A LOCAL IMPROVEMENT DISTRICT FOR CITY UTILITY EXTENSIONS AND CONNECTIONS WITHIN SAID CITY; TO NAME SAID LOCAL IMPROVEMENT DISTRICT NO. 01 -2 FOR CALDWELL, IDAHO, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE Book 42 Page 33 LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL; AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Callsen, SECONDED by Langan to pass the Resolution declaring the intention of the City of Caldwell to create Local Improvement District for the purpose of financing sewer and water connection fees and set March 19, 2001 during a Regular Council Meeting for the Protest Hearing on this L.I.D. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (ACCEPT THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT 00 -1, TRIMMING AND REMOVAL OF DEAD, DYING, DISEASED AND HAZARDOUS TREES AND REPLANTING THEREOF AND SET THE PROTEST HEARING FOR MARCH 19, 2001) The City Engineer explained that the proposal was for Council to accept the Assessment Roll for Local Improvement 00 -I which was for the purpose of removing dead, dying, and diseased trees. The exact amount being included in the assessment was $7,785.70 which was the sum total of the participants obligations to this L.I.D. The proposed Protest Hearing date on this assessment roll was to be set for March 19, 2001. MOVED by Langan, SECONDED by Callsen to accept the Assessment Roll for Local Improvement District 00 -1 and set the Protest Hearing for March 19, 2001. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (ACCEPT THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 99 -6 FOR THE FINANCING OF SEWER AND WATER CONNECTION FEES ASSESSED BY THE CITY AND SET A PROTEST HEARING FOR MARCH 19, 2001) The City Engineer stated that this was the time for accepting the Assessment Roll for Local Improvement District 99 -6 for the financing of sewer and water connection fees. The action required at this time was to accept the Assessment Roll and set the Protest Hearing for March 19, 2001. The assessments for this L.1-D. were $11,871.48. MOVED by Callsen, SECONDED by Ozuna to accept the Assessment Roll for L.I.D. 99 -6 and set the Protest Hearing for March 19, 2001. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (CONSIDER BILL NO. 3 TO AMEND THE CITY CODE REGARDING CATERING PERMITS SO OUR CITY CODE WILL COMPLY WITH STATE CODE WITH THE REQUEST TO WAIVE THE RULES AND PASS AFTER THE FIRST READING) The Acting Mayor stated that a Resolution was passed at the last Council Meeting regarding drinking in public. In addition, the City Prosecutor suggested that a Bill be considered amending our City Code pertaining to catering permits to bring our Code up to date with State Code and to add a portion regarding catering permits. He further reminded Council that this item was discussed in workshops and the Chief of Police was in support of this Bill. Acting Mayor Wells read Bill 3 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, PERTAINING TO ALCOHOL BEVERAGE CATERING PERMITS BY DELETING (1) OF CHAPTER 6, ARTICLE 7, SECTION 35 AND ADDING A NEW (1) CHAPTER 6, ARTICLE 7, SECTION 35: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Langan, SECONDED by Callsen to waive the rules requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED Book 42 Page 34 MOVED by Langan, SECONDED by Callsen that Bill No. 3 be passed and entitled Ordinance No. 2368 after the one reading by title only. Roll call vote. Those voting yes: Langan, Callsen, Wells, and Ozuna. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $798,631.82 for the period ended February 14, 2001 and a net payroll of $146,866.28 for the pay period ended February 10, 2001. MOVED by Callsen, SECONDED by Ozuna that accounts payable in the amount of $798,631,82 represented by check. numbers 72930 through 73141 and the total payroll for the amount of $146,866.28 represented by check numbers 70545 through 70669 and direct deposit stub numbers 16124 through 16239 be accepted, payment approved, and vouchers filed in the Office of the City Cleric. Roll call vote. Those voting yes: Callsen, Wells, Ozuna, and Langan. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED (CI'T'Y COUNCIL REPORTS) Councilman Callsen reported that he attended a class on land use last week; noted that Councilman Wells did a good job conducting the meeting. The Acting Mayor, Councilman Wells, stated that he attended the opening for Honks 99 Cent Store at the Cornerstone Building and also accompanied Mr. Law to the meeting with the F.A.A. in Seattle which was extremely enlightening. Councilwoman Ozuna also informed them that she attended the class on land use with Councilman Callsen. Councilman Langan briefly spoke about the latest corridor study. (ADJOURN) Since there was no further business, it was MOVED by Ozuna, SECONDED by Langan to adjourn the Regular Meeting of the City Council at 9:10 p.m. Roll call vote. Those voting yes: Ozuna, Langan, Callsen, and Wells. Absent and not voting: Earl and Gable. Those voting no: none. MOTION CARRIED APPROVED AS THIS 5 th DAY OF March ' 2001. un i rson C . 1 ouncilperson Co 1perso Councilperson Councilperson ATTEST: City Clergy ( o ®� A• +. Gpg001I,q'• ®• �' • JAN 15, ei'9f�� °a 8 ®® o� °® ON ®mt�" .era ®®a®a0 &'o -,P, �1 R/�' Mayor, City of Caldwell