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HomeMy WebLinkAbout2000-04-03city council minutesBook 41 Page 64 REGULAR MEETING APRIL 3, 2000 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Associate Minister Chuck Wigton of the Caldwell First Christian Church after which 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: Gable, Callsen, Earl, Ozuna, Langan, and Wells. Absent: none. The Mayor recognized Mr. and Mrs. Anderson and their Son who was present at the Meeting regarding a Boy Scout requirement in communication. Mrs. Jackson from the High School was also present along with several students. ADDITIONS OR DELETIONS TO THE AGENDA Councilman Gable stated that they would like to add several items. Under the Consent Calendar, add a number 1 I which was a declaration designating certain surplus property to be sold at a public auction. Number 12 would be the passage of a Resolution authorizing the execution of a Consultation Agreement, Well 94 Replacement between the City and Hydro Logic, Inc. Also, pursuant to Idaho State Code 67 -2345, a request for an Executive Session to be included under New Business immediately after the Finance Report for the purpose of discussing land acquisition and personnel. In addition, the bill number for Item 1 under Old Business should be changed to Bill 9. MOVED by Gable, SECONDED by Langan that under the Consent Calendar a number 1 I be added regarding designating certain surplus property to be sold at a public auction and a number 12 concerning the execution of a Consultation Agreement, Well 94 Replacement between the City and Hydrologic, Inc. and the request for an Executive Session be added after the Financial Report and that the bill number for Item 1 under Old Business be changed to Bill 9. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the Members of the Council: 1. Dispense with the reading of the minutes of the March 20, 2000 Regular City Council Meeting and approve as written; 2. Approve Order of Decision pertaining to the amendment of the official zoning map (Case No. OA- 28 -00); 3. Approve the recommendation from Engineering to accept the low bid from Howard Landscaping for weed control; 4. Approve the recommendation from Engineering to accept the low bid from Mark Hess Construction for miscellaneous concrete for L.I.D. 00 -2; 5. Approve the recommendation from Engineering and Forestry to reject all bids received and rebid this project for tree removal for L.I.D. 2000 -1; 6. Approve the recommendation from the Engineering Department to accept the low bid from Warrington Construction and authorize execution of the contract documents for sewer line replacement in the alley between Blaine and Cleveland between 14 and 15 tH ; 7. Approve acceptance of the minutes of the Traffic Commission and adoption of the recommendation of the Commission and approve Resolution on speed limit change request on Centennial; Boole 41 Page 65 S. Approve acceptance of the resignation of Matt Beebe from the Plarming and Zoning Commission; 9. Approve an Airport Tenant Agreement between the City of Caldwell and CADY Industries; 10. Approve the following Resolution for an Agreement between the City and Hydro Logic, Inc.: RESOLUTION AUTHORIZING TIIE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND HYDRO LOGIC, INC, BOISE, IDAHO. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, Idaho, be, and the same hereby are, authorized to execute that certain agreement titled, CONSULTATION AGREEMENT, WELL 94 REPLACEMENT, for the Hydrogeological consultation and construction oversight of a municipal production well, which agreement is attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Hydro Logic, Inc., of Boise, Idaho. 11. Approve designating certain City property for auction; MOVED by Gable, SECONDED by Ozuna to accept the Consent Calendar as amended. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. OLD BUSINESS MOTION CARRIED (CONSIDER BILL NO. 9 TO ADOPT AND AMEND THE OFFICIAL ZONING MAP AS ADOPTED BY COUNCIL ON FEBRUARY 1, 1999 WITH THE REQUEST TO WAIVE THE RULES REQUIRING THE THREE READINGS AND THAT IT BE READ IN FULL FOR THE ONE READING AND PASS BILL NO.9 AFTER THE FIRST READING BY TITLE ONLY) Mayor Nancolas informed Council that the first item under Old Business was to consider Bill No. 9 to adopt and amend the official zoning map as adopted by Council on February 1, 1999 with the request to waive the rules. The Mayor read the Bill by title only as follows: AN ORDINANCE ADOPTING AN AMENDING ZONING MAP THAT SUPERSEDES AND REPLACES TIIE OFFICIAL ZONING MAP AS ADOPTED BY THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, ON FEBRUARY 1, 1999; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HERE-WITH. MOVED by Earl, SECONDED by Langan to waive the rules requiring that a bill be read at three separate times and read in full for one reading and pass the Bill on the second reading. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Langan that Bill No. 9 be passed and entitled Ordinance 2323 after the second reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 41 (APPROVE THE SUMMARY OF BILL NO. 9 FOR PUBLICATION) Mayor Nancolas noted that the next item was to approve the Summary for Bill No. 9 for publication. The City Attorney has reviewed the Summary and submitted his approval. MOVED by Earl, SECONDED by Gable to approve the Summary of Bill No. 9 for publication. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 8 FOR GENERAL OBLIGATION BONDS FOR THE NEW POLICE STATION WITH THE REQUEST TO WAIVE THE RULES REQUIRING THAT A BILL BE READ AT THREE SEPARATE TIMES AND IN FULL FOR ONE READING AND PASS THE BILL AT THIS TIME) The Mayor noted that to consider Bill No. 8 for general obligation bonds for the new Police Station was the first item under New Business. He requested that Mike Moore come forward for his presentation. Mike Moore, Attorney at Law, 225 North 9 °i Street in Boise, who was serving as the City's Bond Counsel in connection with general obligation bonds was recognized by the Mayor. Mr. Moore introduced Bud Way from First Security Van Kasper, who was serving as the financial advisor to the City. Mr. Moore addressed the Mayor and Council explaining that Ordinance No. 2322 before them was the Bond Ordinance. As you know, the City in December adopted an Ordinance calling a bond election which was held on February 1, 2000 and the voters did approve the issuance of bonds. The purpose of this Ordinance was to authorize the actual issuance of those bonds. The Ordinance does three things: authorizes the issuance of the bonds, describes the bonds and it sets a date, time and place for the public sale of the bonds and to receive bids. Since it was such a lengthy Ordinance, he would summarize it at this time by reviewing what each section provides for. Section 1: Authorizes the issuance of the "City of Caldwell, Idaho, General Obligation Bonds, Series 200 in the amount of $5,695,000. Section 2: Describes the purpose of the Bonds, consisting generally of payment of the cost of acquiring a site, constructing and equipping a public safety facility and demolition of the City's existing police facility, together with costs and fees incident thereto. Section 3: Describes the Bonds, sets forth a schedule of maturities of the principal amount of the Bonds and provides for issuance of the Bonds in book - entry -only form. Section 4: Provides for payment of interest on the Bonds and establishes the maximum rate of interest thereon. Section 5: Provides for the place and manner of payment of the Bonds. Section 6: Provides for the manner of execution and authentication of Certificated Bonds in the event that the book - entry -only system is discontinued. Section 7: Appoints First Security Bank, N.A., as Bond Registrar and provides for the system of registration of the Bonds. Section 8: Provides for redemption of the Bonds. Section 9: Provides for the public sale of the Bonds on April 27, 2000. Section 10: Approves a Notice of Sale of the bonds and provides for publication thereof. Section 11: Provides for deposit of the proceeds of the Bonds into the "City of Caldwell Capital Improvement Fund." Section 12: Provides for the levy of taxes for payment of the Bonds. Section 13: Establishes the "City of Caldwell General Obligation Bonds, Series 2000, Bond Fund." Section 14: Provides for the method of replacing lost, stolen, mutilated, or destroyed Bonds. Section 15: Provides for defeasance of the Bonds. Section 16: Provides certain special covenants of the City with respect to the tax - exempt status of the Bonds and other Page 66 Book 41 Page 67 matters. Section 17: Authorizes the City's financial advisor, First Security Vats Kasper, to submit a bid for the Bonds. Section 18: Provides for ratification. Section 19: Authorizes the Mayor, City Clerk, and City Treasurer to execute such additional documents as may be required for the sale and delivery of the Bonds. Section 20: Provides for severability. Section 21: Repeals conflicting ordinances. Section 22: Provides for effective date. Mr. Moore stated that he believed the rest of the Ordinance was self-explanatory. Attached to the Ordinance were several exhibits which he briefly explained. There was also a Summary of the Ordinance prepared for publication. Councilwoman Earl asked if the Council needed to meet on April 27` Mr. Moore stated that this was true and as he understood it, that was already set up as a Special Meeting. He further said that this would be a Special Council Meeting to receive bids. Mr. Way will be here to advise you. At that time, a Resolution will be available to accept the best and lowest bidder. Bud Way, First Security Bank with offices located at 3295 Elder Street in Boise, also addressed the Council briefly to advise the Council as to the proceedings that would occur. The Notice of Sale would have all of the pertinent information that prudent investors would need to matte an investment in the bond issue. The document has been reviewed by Mr. Moore and Mr. Waite along with his own office. Mr. Way explained a few other items involving the bonds, the interest rate and stated that they would keep in touch with Mr. Waite as to what the market was doing. He also noted that he would be present during the Special Meeting at Noon on the 27 of April. Mayor Nancolas read the title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 2000, IN TIIE PRINCIPAL AMOUNT OF $5,695,000; PROVIDING FOR THE DESIGNATION, PURPOSE, DATE, MATURITIES, EXECUTION, REGISTRATION, AUTHENTICATION, AND REDEMPTION OF THE BONDS; PROVIDING FOR THE DATE, TIME AND PLACE FOR TIIE SALE OF TIIE BONDS; PROVIDING FOR TIIE PAYMENT OF PRINCIPAL OF AND INTEREST ON THE BONDS BY TIIE ANNUAL LEVY OF TAXES; CREATING FUNDS AND ACCOUNTS; PROVIDING COVENANTS WITH RESPECT TO TIIE TAX EXEMPT STATUS OF INTEREST ON THE BONDS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. The Mayor requested action from the Council at this time and pointed out that the request was made to waive the rules requiring that a Bill be read three separate times and that it be read in full for one reading. MOVED by Gable, SECONDED by Earl 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: Gable, Callsen, Earl, Ozuna, Langan, Wells, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Gable, SECONDED by Earl that Bill No. 8 be passed and entitled Ordinance No. 2322 after the one reading by title only. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 41 Page 68 The Mayor noted that there was also a Summary of the Ordinance. Mr. Moore indicated that the Summary was attached to the Ordinance and was approved by the adoption of the Ordinance. (RESOLUTION AUTHORIZING DESTRUCTION OF OLD RECORDS THAT ARE NO LONGER OF ANY VALUE TO THE CITY AS REQUESTED BY THE FIRE CHIEF) The Mayor explained that this request was from the Fire Chief as he has identified a number of old records that were no longer of any value to the City and would like to destroy those records. He read the Resolution authorizing approval for this request as follows: WHEREAS, The City of Caldwell is permitted, pursuant to Idaho Code 50- 907(d) to destroy certain City of Caldwell records; and WHEREAS, The City of Caldwell has conducted a regular audit of its records and upon the advice of the Fire Chief has determined that all Caldwell Fire Department Incident Reports and other records should be classified as permanent, semi permanent, and temporary records pursuant to Idaho Code 50- 907(a). WHEREAS, The City of Caldwell has retained the above records all pursuant to Idaho Code 50 -907 for the required statutory minimum periods for each classification as follows: PERMANENT — NOT LESS THAN TEN (10) YEARS SEMI PERMANENT — NOT LESS THAN FIVE (5) YEARS AND TEMPORARY NOW, THEREFORE, BE IT RESOLVED That effective the date of this Resolution, the City of Caldwell Fire Department shall forthwith destroy records for each classification that are older than the statutory times listed above with the exception of records related to building permits and plan reviewed or planning and zoning related records. MOVED by Gable, SECONDED by Callsen that the Resolution authorizing the destruction of old records be passed. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Wells questioned as to whether any of these records would be environmentally sensitive. If so, they should not be destroyed. The Mayor suggested that Council pass the Resolution and that the Fire Chief be directed to contact Councilman Wells before destroying any records. (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee has reviewed current accounts payable in the amount of $539,665.40 for the period ended March 30, 2000 and a net payroll of $146,059.99 for the pay period ended March 25, 2000. MOVED by Earl, SECONDED by Ozuna that accounts payable in the amount of 539,665.40 represented by check numbers 68207 through 68400 and payrolls for the amount of $146,059.99 represented by check numbers 67608 through 67734 and direct deposit stub numbers 13289 through 13398 be accepted, payment approved, and vouchers filed in the office of the City Clerk. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Callsen. Those voting no: none. Absent and not voting: none. Book 41 Page 69 (REQUEST FOR AN EXECUTIVE SESSION) The Mayor requested a motion from the Members of the City Council to convene into an Executive Session pursuant to Idaho State Code 67 -2345 for the purpose of discussion personnel and land acquisition. MOVED by Earl, SECONDED by Gable that pursuant to Maho State Code, Section 67 -2345, that the City Council convene into an Executive Session at this time for the purpose of discussing personnel and land acquisition. After a short Executive Session, the City Council reconvened into the Regular Council Meeting. (CITY COUNCIL REPORTS) Councilman Gable reported that the Year 2000 Program. The City was a partner in this along with several other organizations. Councilman Langan stated that he would like to see the Mayor recognize Tim Mooney for winning his 500 "' game at Albertson College of Idaho. (MAYOR'S COMMENTS) The Mayor said that he was planning to do a proclamation on behalf of Mr. Mooney. Mayor Nancolas commented on the following: The kick off for the Treasure Valley Metro Bus Service which would be serving Caldwell, Nampa, Meridian, and Boise was held that morning; there was an A.I.C. Seminar on April 10"' which he believed would be beneficial; they were all invited to the noon break luncheon on April I I L " where the Caldwell Economic Development Council would be making a report; a workshop was scheduled for April 17"' at Noon and also a workshop that evening with developers at 5:30 p.m. prior to the Council Meeting; he was going to be out of town on Tuesday and Wednesday; and as President of Ida -Ore, he was encouraged and invited to attend the EDA Conference in Anchorage, Alaska which was the last weekend in April. (ADJOURNMENT) MOVED by Gable, SECONDED by Earl that since there was no further business, the meeting would adjourn at 8:15 p.m. Roll call vote. Those voting yes: Gable, Callsen, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED April , 2000.. yor ATTEST: City Clerk APPROVED AS written THIS 17th DAY OF