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HomeMy WebLinkAbout1997-04-21city council minutesBook 38 REGULAR MEETING APRIL 21, 1997 7:30 P.M. The Meeting was called to order by Mayor Winder. The Invocation was offered by Dick Shaw, Pastor of the First Baptist Church. Mayor Winder then 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: Houchins, Evans, Earl, Nancolas, and Wells. Absent: Langan. ADDITIONS OR DELETIONS TO THE AGENDA Since there were no additions or deletions to the Agenda, the Mayor declared that the meeting would continue as printed. INTRODUCTION OF SPECIAL VISITORS The Mayor explained that the Pastor's presence at the meeting to offer an Invocation was an addition to the Council's Agenda. This would be continued at the beginning of each Council Meeting. AUDIENCE PARTICIPATION Mayor Winder asked if there was anyone in the audience who cared to address the City Council at this tune on any item that was not included on the prepared Agenda. No one requested to speak at this time. CONSENT CALENDAR Mayor Winder presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes from the April 7, 1997, Regular City Council Meeting and approve as written. 2. Accept the minutes of the Caldwell Industrial Airport Conunission Meeting of April 3, 1997; 3. Approve a right of way deed on the South side of Larch Street East of Montana Avenue from Randi Reamer; 4. Approve a right of way deed located on the South side of Larch Street East of Iviontana Avenue from Oscar and Caroline Torres; 5. Approve an easement for a sewer line which will give the City access to an existing sewer line that runs parallel with and East of Montana Avenue from Oral and Benita Barney; 6. Approve three easements from Mallard Development for sewer line, water line, and cul -de -sac located North of Locust Street. MOVED by Houchins, SECONDED by Evans to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, and Wells. Those voting no: none. Absent and not voting: Langan. OLD BUSINESS MOTION CARRIED (CONSIDER BILL NO. 17 - COMBINING AND CONSOLIDATING LOCAL IMPROVEMENT DISTRICTS 95-2,95-3,95-4,95-5 AND 96 -1 AND 96 -3 INTO A DIS'T'RICT DESIGNATED CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 3 FOR THE PURPOSE OF AUTHORIZING ISSUANCE AND CONFIRMING THE SALE OF BONDS) Page 74 Mayor Winder explained that the first item under Old Business was to consider Bill No. l7 which was a Bill to combine Local In Provement District 95 -2, 95 -3, 95 -4, and 95 -5 and 96 -1 and 96 -3 into a District designated as Consolidated Local Book 38 Page 75 Improvement District No. 3. This was for the purpose of authorizing issuance and confirming the sale of bonds. Floyd Ayes and Nick Miller were present tonight and they were handling this process on behalf of the City of Caldwell. If the City Council has any questions, they would be able to answer them. The Mayor then read Bill No. 17 by title only as follows: AN ORDINANCE PROVIDING FOR THE PAYMENT AND COLLECTION OF SPECIAL ASSESSMENTS LEVIED IN LOCAL IMPROVEMENT DISTRICT NOS. 95 -2, 95 -3, 95 -4, 95 -5, 96 -1 AND 96 -3 FOR THE CITY OF CALDWELL, IDAHO; PROVIDING FOR THE HANDLING OF FUNDS RECEIVED FROM SPECIAL ASSESSMENTS AND THE CREATION AND ENFORCEMENT OF LIENS IN CONNECTION WITH THE SALE AND ISSUANCE OF BONDS; COMBINING AND CONSOLIDATING LOCAL IMPROVEMENT DISTRICT NOS. 95 -2, 95 -3, 95 -4, 95 -5, 96 -1 AND 96 -3 INTO A CONSOLIDATED DISTRICT DESIGNATED CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 3; AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF 5248,797 CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 3 BONDS, SERIES 1997 -1; CREATING CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 3 BOND FUND, INTEREST FUND AND PROJECT FUND; PROVIDING FOR PAYMENT FROM A GUARANTEE FUND; PROVIDING FOR A SYSTEM OF REGISTRATION THEREFOR; PRESCRIBING DETAILS CONCERNING THE FOREGOING; ALLOCATING TO THE DISTRICTS A PORTION OF THE CITY'S SMALL ISSUER AUTHORITY FOR PURPOSES OF EXEMPTION FROM ARBITRAGE REBATE; PROVIDING FOR A REASSESSMENT OF ASSESSMENTS AND THE REISSUE OF BONDS; REPEALING CONFLICTING PROCEEDINGS; ORDERING PUBLICATION; PROVIDING IRREPEALABILITY; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. MOVED by Houchins, SECONDED by Nancolas to waive the rule requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, and Wells. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED MOVED by Houchins, SECONDED by Nancolas that Bill No. 17 be passed and entitled Ordinance No. 2191 after the one reading by title only. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, and Wells. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Mayor Winder stated that they would take a ten minute recess to sign the necessary documents. The Meeting was reconvened at 7:50 p.m. (PRESENTATION BY D.E.Q. ON REVOLVING FUND LOANS) The following information was distributed to the Council Members by the City Engineer with regard to this item. Mr. Law noted that the City recently provided written and verbal testimony to the State Division of Environmental Quality to aid them in preparing a priority list of eligible cities to receive revolving fund loans. These loans were used for treatment plant upgrades. Based on the City's comments, the Caldwell Wastewater Treatment Plan Improvement Project was ranked number two on the State priority list. Mr. Bill Jerrel of the Division of Environmental Quality suggested that he and other representatives of DEQ make a short presentation to the Council on the Revolving Fund Loan Program The State Revolving Fund was programmed to provide up to 10 million dollars of low cost funding on our project. The availability of this type of loan has a Book 38 Page 76 considerable impact on the ultimate cost to City residents. Mr. Jerrel was present at this time and prepared to make comments to the Mayor and City Council. Mr. Jerrel was recognized by the Mayor and made about a teal minute presentation concerning this program. After his comments, the City Council, Mayor and City Engineer asked a number of questions. Mr. Jerrel stated that lie would leave an application form if the City does decide to proceed this way. He explained that an application would have to be completed and sent to them which would be part of the petition that the City files with the .fudge when he makes his determination. One other requirement was that the City's Bond Counsel submit an unqualified opinion to them that he agrees with the determination that the debt was ordinary and necessary if the .fudge determines it be so. Another requirement was that the City establish a reserve account equal to one year's principle and interest repayment. The City would be allowed to build that up over a five year period. (CONTINUATION OF THE PROTEST HEARING ON THE CREATION OF L.I.D. 97 -2 FOR SEWER, STORM DRAIN, EXCAVATION, BASE GRAVEL, CURB AND GUTTER AND STREET PAVING - NICOL FARWELL ADDITION) The Mayor stated that the next item on the Agenda was a continuation of a Protest Hearing on the creation of Z.I.D. 97 -2 for sewer, storm drain, excavation, base gravel, curb and gutter and street paving for the Nicol Farwell Addition. Staff has met with the patrons there and it was his understanding that they were requesting a continuance until the Regular City Council Meeting of May 5 ° '. The City Engineer, Mr. Law, agreed that this was correct. A representative from that group was in attendance at this time and wondered if he wanted to speak to the Council. Since he did not, Mr. Law explained that the Staff met with them and presented some facts, figures, and options. If he understood correctly, they felt that they would like some time to meet and consider the options. The Staff would then have another. meeting with them to find out what they waisted to do. Options given to them were to do the project mentioned to them in the first hearing, do paving and sewer improvement, do paving improvements only, sewer improvements alone or do nothing. MOVED by Houchins, SECONDED by Earl that the Protest Hearing be continued until the Regular City Council Meeting of May 5, 1997, at 7:30 P.M. Roll call vote. 'Those voting yes: Houchins, Evans, Earl, Nancolas, and Wells. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (DISCUSS THE BUDGET PROCESS FOR 1998 FISCAL YEAR) Mayor Winder informed Council that this was a brief discussion on the budget process for (re 1998 fiscal year. He simply wanted to bring the public up to date as to what has been done so far. Three workshops have been held regarding the budget. At the first meeting, they worked on prioritization of the issues from the Council, Staff, and the general public. During the second meeting, they discussed issues related to expenditures and the third meeting was a continuation of that same discussion. The priorities were that they work on salaries for existing City employees first; then work on more funding for existing programs; add additional safety personnel, two in the Hire Department plus the one they would add from the Rural Fire District; hire two additional Officers in the Police Department; Capital Expenditures for purposes designated; and infrastructure items. The emphasis the last three years has been on the infrastructure. Rates have been raised, taxes increased in order to accomplish many of those things. The Mayor continued stating that the expected new revenue for the coming year in the General Fund, the personnel costs to be competitive, the increase in doing business which was between three and five percent annually, additional personnel Book 38 Page 77 in the Fire Department and Police Department, Capital expenditures which includes the Events Center, Simplot Stadium, and the Bushnell Center. In addition, sources of revenue other than the property tax and State Revenue Sharing includes the Idaho Power Franchise fee, possible override election, and fees for services. Other options discussed included reducing programs, prioritizing Departments, and reducing the number of Council to four. In conclusion, the Mayor stated that he would make comments at each City Council Meeting regarding the budget process in order to keep the public informed. Councilwoman Earl also commented that the Finance Committee will be meeting with the Finance Director the coming week to discuss more budget issues which they will be bringing back to the City Council. She mentioned the compensation and classification study that was being conducted and they expected a draft back from them the first part of June. This will be used with the budgeting process particularly with regard to the employees' compensation. Councilwoman Earl further stated that last year after finishing the budget, she had members of the Council approach her with regard to the time frame in dealing with the budget. The consensus was that they would like to spend more time on the process and she would remind them that it was already close to the first of May. In conclusion, the Mayor stated that the Council would be meeting in an Executive Session on Monday, the 28 " to discuss a variety of personnel issues. NEW BUSINESS (RESOLUTION TO APPROVE THE STATE AGRIEEMENT FOR GRANT FUNDS FOR AIRPORT TAXIWAY PROJECT AND PROPERTY REIMBURSEMENT) Mayor Winder announced that the first item under New Business was to consider a Resolution to approve a State Agreement for grant funds for an Airport taxiway project and property reimbursement. The City Engineer, Mr. Law, explained that this document was a continuation of the process that goes with the F.A.A. grant funds that come to the City for the Airport. When the F.A.A. gives the City funds for projects at the Airport, the State usually participates after they know that the F.A.A.has provided funds. The F.A.A. provides funds for ninety percent of the total project and the State Transportation Department provides five percent of the cost and the City was to pick up the remaining five percent. The documents tonight were to approve the grant offer from the State for five percent of the construction cost of the project having to do with taxiways in the old hangar section. It also includes reimbursement for property purchases made some time ago. The Mayor read the Resolution by title only as follows: RESOLUTION OF THE CITY OF CALDWELL, IDAHO, ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS IN THE MAXIMUM AMOUNT OF 514,005.95 TO BE USED UNDER THE AIRPORT DEVELOPMENT AID PROGRAM PROJECT NO. 3- 16- 0045 -09 IN THE DEVELOPMENT OF CALDWELL INDUSTRIAL AIRPORT; AND MOVED by Evans, SECONDED by Nancolas that the Resolution as presented by the Mayor be passed accepting the grant offer from the State of Idaho. Roll call vote. 'Whose voting yes: Evans, Earl, Nancolas, Wells, and Houchins. Those voting no: none, Absent and not voting: Langan. MOTION CARRIED Book 38 Page 78 (RESOLUTION TO APPROVE THE APPOINTMENT OF MICHAEL C. MOORE, ATTORNEY AT LAW. AS COUNSEL FOR THE CITE' IN JUDICIAL CONFIRMATION PROCEEDINGS) This item was a Resolution to appoint Michael C. Moore, Attorney at Law, to act as Counsel for the City of Caldwell in the Judicial Confirmation proceedings dealing with the Wastewater Treatment Plant. He presented the Resolution as follows: BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Engineering Department of said City is hereby authorized to pursue judicial confirmation in accordance with State Law for the right to incur indebtedness for the purpose of constructing improvements at the Wastewater Treatment Plant, and that Michael C. Moore, Attorney at Law, of the firm Moore and McFadden, Chartered, is approved as counsel to represent the said City in said judicial confirmation proceedings, and further that Michael C. Moore be approved to act as bond counsel in the preparation of documents necessary for the issuance of bonded indebtedness and that the Mayor and Cleric of said City be authorized to sign and execute any and all documents related to that purpose. MOVED by Nancolas, SECONDED by Earl to pass the Resolution to appoint Michael C. Moore, Attorney at Law, to act as Counsel for the City of Caldwell in the Judicial Confirmation proceedings dealing with the Wastewater Treatment Plant as presented by the Mayor. Roll call vote. Those voting yes: Nancolas, Wells, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (CONSIDER BILL NO. 18 TO DECLARE ODD FELLOWS PROPERTY ON SOUTH TENTH AS SURPLUS AND SET TIME FOR AUCTION) The Mayor informed Council that he did want to make a comment before this Bill was considered. There may be some additional properly located there which could be sold along with this piece of property. Before including the other piece of property, an appraisal would have to be done. Council could either proceed or have another appraisal done to include this additional property and consider both of them at a future City Council Meeting. Councilman Nancolas commented that it sounded like this additional Niece was not large enough to do anything with and was just surplus property. If that was the case, the City would be better off combining the two pieces and consider a Sill later to declare it surplus and set a time for an auction. Councilman Houchins and Councilwoman Earl agreed that there was no advantage in leaving the additional ground and not including it in with the property now under discussion. MOVED by Nancolas, SECONDED by Evans to delay consideration of Sill No. 18 and authorize an appraisal for the piece of additional property so the City could dispose of both pieces of property at the same time. Roll call vote. Those voting yes: Nancolas, Wells, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (CONSIDER BILL NO. 19 - AMEND CODE WITH REGARD TO THE FIREWORKS LICENSING) Book 38 Page 79 Mayor Winder informed the Council that this Bill was to amend the City Code to comply with changes that were made by the Legislature this year. The Fire Chief and the Fire Marshal were involved in getting the changes passed by the Legislature. The Clerk and the Fire Chief have reviewed the amendments to the City Code and were suggesting that the City Council approve the Bill before them at this time. The Mayor read Bill No. 19 by title only as follows: AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 11 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL PERTAINING TO FIREWORKS BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTIONS 01, 03, 05, AND 09 TO PROVIDE FOR TERMS DEFINED, PERMITS, TIME LIMITS, TEMPORARY FIREWORKS STANDS AND BUSINESS STRUCTURES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. Councilwoman Earl suggested that with regard to the fees, it would seem appropriate to set those fees by Resolution rather than in the body of the Ordinance. In that way, the amount of the fees could be changed without making it necessary to pass another Ordinance to amend the City Code. Mayor Winder agreed that this would be the easiest way to proceed. The City Code would state that the fee would be in compliance with State Code and established by Resolution passed by the City Council. MOVED by Earl, SECONDED by Nancolas to waive the rule requiring that a Bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Earl, Nancolas, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED MOVED by Earl, SECONDED by that Bill No. 19 as amended be passed and entitled Ordinance No. 2193 after the one reading by title only. Roll call vote. Those voting yes: Earl, Nancolas, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: Langan. (FINANCIAL REPORT) Councilman Evans reported that the Finance Committee has reviewed current accounts payable in the amount of $306,972.53 for the period ended April 16, 1997, and a net payroll of $105,979.79 for the pay period ended April 12, 1997. MOVED by Evans, SECONDED by Earl that accounts payable in the amount of $306,972.53 represented by check numbers 52121 through 52284 and payroll for the total amount of $105,979.79 represented by check numbers 58373 through 58479 and direct deposit stub numbers 5478 through 5562 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Evans, Earl, Nancolas, Wells, and Houchins. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (COMMITTEE REPORTS) Book 38 Page 80 Councilman Nancolas informed Council that lie had the opportunity to attend the PAL Weight Lifting competition between Caldwell and Vailivue School Districts. This was sponsored by the Police Department and was a good program, Councilwoman Councilwoman Earl reported that she attended the Chamber of Commerce Banquet where they celebrated their 100" Year Anniversary and. felt that they have done a lot of good for the community. Councilman Evans commented with regard to the Clean up for the City Lhis next week. Councilman Ilouchins reported that he attended the design reviews for the Treatment Plant. Originally, there was six companies that submitted proposals, it was then narrowed to three, and finally one was picked last week. (MAYOR'S COMMENTS) The Mayor reported briefly on the following: The Community Development Director has organized a community development team which consists of the Department Head involved in development activities; the Building Official would be reporting to the Community Development Director; Arbor Day and Earth Day were celebrated at Lincohl School on Friday; Pioneer Plaza has new flags and a brick was dedicated to Charlie Alvaro; and reminded Council of the Traffic Study which was to be on the 22 ° It was noted that Councilman Langan arrived at 8:40 p.m. Since there was no further business, it was MOVED by Evans, SECONDED by Nancolas to adjourn the Meeting at 8:45 p.m. Roll call vote. Those voting yes: Evans, Earl, Nancolas, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS WRITTEN THIS 5th DAY OF M , 1997. d/ I Mayor Co ecilper o Councilperson ' oun 'It erson Coun pp on Councilperson Councilperson ATTEST: City Cler c