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HomeMy WebLinkAbout1999-05-03city council minutesBook 40 Page 96 REGULAR MEETING MAY 3, 1999 CITY HALL The Meeting was called to order by Acting Mayor Jerry Langan The Invocation was presented by Toby Schroeder from the Friend's Church after which the Acting 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: Langan, Earl, Ozuna, Wells, Gable, and Evans. Absent: none. The Acting Mayor stated that most were aware that Mayor Nancolas was out of the Country visiting several European Countries with regard to transportation systems. Therefore, he was the Acting Mayor in his absence. ADDITIONS OR DELETIONS TO TIIE AGENDA. Since there were no additions or deletions to the prepared Agenda, it was MOVED by Wells, SECONDED by Evans to accept the Agenda as presented. Roll call vote. Those voting yes: Wells, Gable, Evans, Langan, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED SPECIAL PRESENTATIONS AND INTRODUCTION OF SPECIAL VISITORS. Acting Mayor Langan recognized Mrs. Jackson from the Caldwell High Government Class and welcomed her and the students from that class. He requested that each of the students stand and introduce themselves. The Acting Mayor stated that the next item was to announce the Employee of the Month. As he understood, the person receiving this award was not aware of it. However, a letter was received by Mayor Nancolas requesting that this person be considered for the Employee of the Month. The letter was as follows: Please find attached the nomination of Wendi Freelove for Employee of the Month. I wholeheartedly agree with Lt. Laird that Wendi is deserving of this award. I have been involved somewhat in the discussion regarding this equipment and the bids that have been submitted. I know that dealing with sales representatives in getting accurate and complete bids is stressful at best. Additionally, Wendi still fulfills her duties as a Dispatcher and has been a tremendous help to Dispatch Supervisor, Sheila McGregor by dealing with scheduling, investigating disciplinary matters and seeing that Dispatch operates as efficiently as possible. Wendi has been with the Police Department for nine years and is very loyal to the City of Caldwell and to the Police Department. Wendi is the kind of employee that all,supervisors wish they had more of. Unfortunately, all of the extra duties that Wendi performs for the City and the Department go largely umioticed by most of us as hers is not a high profile position. In reality, it is employees like Wendi that allow the Police Department to operate in an efficient and professional manner. I hereby endorse her selection a Employee of the Month. Signed by Captain Gary Maybon.' The Acting Mayor asked for Lt. Laird to come forth and help present Wendi with the Employee of the Month plaque along with a gift. Lt. Laird briefly explained how Wendi was responsible for putting together all of the bid work `fur the new console and dispatch center at the Police Department and has done an excellent job. Book 40 Page 97 AUDIENCE PARTICIPATION Leo Holmes was recognized and spoke with regard to the Littleton Plaza that he named some time ago. His comment was that it should have been named Littleton Medal of Honor Plaza which he would do at this time if it was all right with the City. He was concerned that fifty years from now they would believe that the Plaza was named after the incident in Littleton, Colorado. Acting Mayor Langan read a Proclamation proclaiming the month of May, 1999, in the City of Caldwell as Motorcycle Awareness Month and urged all of the citizens to make motorcycling a safe activity in our City through support of the Idaho S'T'AR Program which was aimed at educating and training motorcycle operators and other vehicle operators, so that mutual respect and increased awareness will exist on our City streets and highways. CONSENT CALENDAR. Acting Mayor Langan presented the following items on the Consent Calendar for Council's consideration: 1. Dispense with the reading of the minutes from the April 19, 1999, Regular City Council Meeting and approve as written; 2. Accept the minutes of the following boards and commissions: The Traffic Commission Meeting of April 7, 1999; the Caldwell Industrial Airport Commission minutes of April 1, 1999; the Senior Citizen Board meetings of March 15, 1999, and March 19, 1999; and the Caldwell Golf Board meeting of March 17,1999; 3. Accept a thirty foot right of way deed for the south side of West Logan Street from Vern and Judy Subia; 4. Approve Resolution authorizing the execution of grant documents for Airport Improvement Project 3 -167- 0045 -11 for land acquisition/Thompson parcel and Resolution authorizing execution of grant documents for Airport Improvement Project 3 -16- 0045 -12 for relocation of Notus Canal and Aviation Way. MOVED by Earl, SECONDED by Evans to accept the Consent Calendar as presented by the Acting Mayor. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans, and Langan. Those voting no: none. Absent and not voting: none. OLD BUSINESS NEW BUSINESS MOTION CARRIED (ACCEPT ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 98 -4 AND SET PROTEST HEARING FOR MAY 17, 1999) The City Engineer, Mr. Law, reviewed his memo to Council stating that L.LD. 98 -4 was formed by Ordinance No. 2248 that was passed on September 21, 1998. This L.I.D. was for the installation of base, asphalt, and storm drainage facilities in a portion of Airport Avenue between Linden Street and Hampton Circle and Sunset Avenue between Woodlawn Drive and Sunnyside Drive. The construction was now complete and the Assessment Roll and Engineer's Report were hereby submitted. The intent was to have Council accept the Assessment Roll for filing in the Office of the City Clerk so that anyone requesting to examine that roll could do so and set May 17, 1999, as the date for the Public Hearing. MOVED by Evans, SECONDED by Earl to accept the Assessment Roll for Local Improvement District No. 98 -4 and set the Public Hearing for May 17, 1999, at 7:00 p.m. at the Regular City Council Meeting at City Hall. Book 40 Roll call vote. Those voting yes: Evans, Langan, Earl, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE RENEWAL OF THE TCI FRANCHISE AGREEMENT) The Mayor noted that this item was not a Quasi Judicial matter and would not require swearing in those who wanted to testify. In addition, it was not necessary to do Findings of Fact and Conclusions of Law. ElJay Waite, the Finance Director, stated that he would like to mention that the additions to this Franchise Agreement were different from the original Agreement and were shown in Section 3.10, 3.11, 3.12, and 4.1. The Franchise Agreement now includes the opportunity in some point in time for the City of Caldwell to participate in a PEG Channel which simply means Public Educational or Government channels. TCI has provided a private channel for use by Governmental and Educational entities if they so choose at some time to help present information and items of importance to the public. This was not something that was active now, but he could see the need in the future as this Valley grows. Also, in Section 4.1 of the Franchise Agreement, it notes that the fee would be paid at the end of each quarter instead of at the end of the year. This would be a benefit to the taxpayers in the City of Caldwell. The Agreement would be in effect for fifteen years. The Public Hearing was opened by Acting Mayor Langan and lie noted that there was no one signed to speak to this matter. Several questions were presented by the Members of the City Council. It was then MOVED by Earl, SECONDED by Gable to close the Public Hearing. Moll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans, and Langan. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Hearing was officially closed by the Acting Mayor and he read the following Resolution for consideration by the Council Members: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RENEWAL AGREEMENT WITH AMENDMENTS BETWEEN THE CITY OF CALDWELL AND TCI CABLEVISION. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute a renewal Agreement with amendments as attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and TCI Cablevision. MOVED by Gable, SECONDED by Evans that the Resolution be passed authorizing the execution of the Franchise Agreement with TCI Cablevision. Roll call vote. Those voting yes: Gable, Evans, Langan, Earl, Ozuna, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINAL PLAT APPROVAL OF SILVER BOW ESTATES, PHASE 2) The Acting Mayor informed Council that the next order of business was to consider the final plat of Silver Bow Estates, Phase 2 for approval Councilwoman Earl was recognized and stated that she would abstain from voting as there was a conflict of interest for her on this matter. Page 98 Book 40 The City Engineer, Mr. Law, reported that he had nothing more to add beyond what was included in the Staff Report prepared by the Community Development Director. Several questions were presented by the Council and it was noted that Mr. Mason, representing Earl and Associates, was present and available to answer their inquiries which included that there was a bond in place and that none of the lots have been purchased at this time as the plat has to be recorded first. The City Attorney stated that he reviewed the Findings of Fact and Conclusions of Law prepared by the Planning and Zoning Commission and he would suggest that Council adopt those. MOVED by Evans, SECONDED by Ozuna that the City Council accept the Findings of Fact compiled by the Planning and Zoning Commission as contained in the Staff Report which was: Accept the general facts as outlined in the Staff Report and include the fact that the Applicant has submitted an Engineer's estimate of cost for completion of the construction and that the financial guarantee will be in the form of a letter of credit. Roll call vote. Those voting yes: Evans, Langan, Ozuna, Wells, and Gable. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED Conclusions of Law: Councilman Evans MOVED that the Council accept the Planning and Zoning Commission's Conclusions of Law contained in the Staff Report which was that the City Council has the authority to hear the request; public hearing notification requirements were met, and the Case was heard under the guidelines of applicable codes and ordinances. SECONDED by Gable. Roll call vote. Those voting yes: Evans, Langan, Ozuna, Wells, and Gable. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED Order of Decision: MOVED by Gable, SECONDED by Evans to accept the final subdivision plat approval for Silver Bow Estates, Phase 2. Roll call vote. Those voting yes: Gable, Evans, Langan, Ozuna, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED (CONSIDER RESOLUTION TO AUTHORIZE THE EXECUTION OF DOCUMENTS WITH FIRST SECURITY LEASING FOR THE PURCHASE OF VEHICLES) The Finance Director, Mr. Waite, reported that this leasing arrangement was the second of three that were budgeted this year. The first was for the fire truck which was passed some time ago. This arrangement was identical to the arrangement that was put together for the fire truck and will also be identical to the one that will be brought to Council later for the communications equipment at the Police Department. The interest rate on this was 4.85% and the first year lease payment will be $26,500 which was $500 under budget. Mr. Waite would recommend that Council approve the Resolution authorizing the execution of the documents. Page 99 Mr. Waite elaborated on why this was a good option for the City of Caldwell. In addition, Councilwoman Earl commented that she had no objection to this as it was approved in the budget. She would hope that this year during the budget Book 40 session that they would fully discuss future leases. The reason for her concern was that at one time they had so many leases on going in the City that there was no money to function with. Councilman Gable also pointed out several mistakes in the Resolution which included the term of years and the annual percentage rate which should read, "a term of three years at 4.85% annual percentage rate ". The Resolution was then read by the Acting Mayor as follows: BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, to approve and agree that the City of Caldwell acquire the use of and finance through First Security Bank, N.A., generally described as three (3) 1999 Ford Crown Victoria police cars and one (1) 1999 Dodge 2500 Quad Fire Support Vehicle costing $88,386.05 for a term of three years at 4.85% annual percentage rate. The first annual payment of $26,500 will be paid in advance followed by three (3) payments of $22,661.22. MOVED by Evans, SECONDED by Gable to approve the Resolution as presented for the agreement with First Security Bank. Roll call vote. Those voting yes: Evans, Langan, Earl, Ozuria, Wells, arAd Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DESIGNATION OF THE VOTING DELEGATE AND THE ALTERNATE VOTING DELEGATE DURING THE ANNUAL BUSINESS MEETING OF THE ASSOCIATION OF IDAHO CITIES) Acting Mayor Langan informed Council Members that the Mayor requested that the City Council approve his designation as the authorized representative at the Association of Idaho Cities Annual Conference. Every member City of the A.I.C. was entitled to cast one vote during the annual business meeting at the Conference. Therefore, the recommendation was to approve the Mayor as the Voting Delegate at the Conference and to approve the Council President, Jerry Langan, as the Alternate Voting Delegate. MOVED by Earl, SECONDED by Wells to approve tic designation of Mayor Nancolas as the Voting Delegate and Council President Langan as the Alternate Voting Delegate during the annual business meeting of the Association of Idaho Cities. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans, and Langan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION DECLARING COUNCIL'S INTENT TO SELL REAL PROPERTY AND SET PUBLIC HEARING FOR JUNE 7, 3999) Acting Mayor Langan reminded Council that this matter was discussed on the 15` of March and they had concurred that it was appropriate to consider this property as surplus and pass the Resolution. Mr. Waite pointed out that the procedure noted in their memo neeed to be followed which the Attorneys have reviewed. The Public Hearing will be scheduled for June 7` and the auction in August. Page 100 The Resolution was as follows: Book 40 Page 101 BE IT HEREBY RESOLVED by the Mayor and Council of Caldwell, Idaho, that whereas said City has received property known as the Harry Evans' property and hereby sets forth a date of June 7, 1999, for the hearing of public comments in regard to a declaration of said described property to be surplus property, instructing City Staff to obtain an appraisal of said property, and directing City Staff to comply in all respects with Chapter 14 of Title 50 of the Idaho State Code in regard to the disposal of real property owned by said City. The property description is as follows: Lot 10 and the Northwest Half of Lot 11 in Block 3, Golden Gate Addition, Canyon County, Idaho, according to the plat filed in Book 2 of Plate, Page 78, records of Canyon County, Idaho, known as 319 Chicago Street. MOVED by Gable, SECONDED by Earl to pass the Resolution declaring the surplus property and setting a Public Hearing for June 7, 1999, to receive comments from the public. Roll call vote. Those voting yes: Gable, Evans, Langan, Earl, Ozuna, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Ozuna reported that the Finance Committee has reviewed current accounts payable in the amount of $440,864.25 for the period ended April 28, 1999, and a net payroll of $145,366.69 for the pay period ended April 24, 1999. _ MOVED by Ozuna, SECONDED by Gable that accounts payable in the amount of $440,864.25 represented by check numbers 63025 through 63261 and payroll for the amount of $145,366.69 represented by check numbers 64921 through 65025 and direct deposit stub numbers 10571 through 10677 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Ozuna, Wells, Gable, Evans, Langan, and Earl. Those voting no: none. Absent and not voting: none. (CITY COUNCIL REPORTS) Councilman Wells reported that he would be working with the Finance Director regarding some grant opportunities. Councilman Gable reminded Council that the Cinco de Mayo taco feed was Friday night and should be great. They would like everyone to come to it. Councilman Evans commented that he participated in the Saturday clean up Caldwell. He wondered why they only work for about two and a half hours. It seemed to him that it should go on all day so more could be accomplished. He really felt they could do more. He was looking forward to participating in the parade on Saturday. Councilman Langan reminded Council and others of the Bond Election to be held on May 25 He toured the present Police Department and felt that it had deteriorated more in the past year since he took the last tour. He would encourage everyone to take a tour of the present building and report back to others the need for a new building. Councilwoman Earl agreed with Councilman Langan's comments. She noted that the students in the audience who were eighteen could vote and hoped they would register to do so. She also proposed to the Council that they work together and Book 40 submit a letter to the editor from all of them expressing their support for the new facility for the Police Department. Council agreed that Councilwoman Earl could compose a letter for then; to review. Councilwoman Ozuna also reminded Council of the Cinco de Mayo Celebration over the coming weekend. The taco feed on Friday was from 5:00 p.m. to 8:00 p.m.; Saturday was the parade from 10:00 a.m. until over; there was a Fiesta on Saturday at the park from Noon to 5:00 p.m. and there will be a lot of children's events_ The Acting Mayor also stated that AARP would have a booth for the Celebration and would be giving away goodies. (ADJOURNMENT) MOVED by Evans, SECONDED by Earl that since there was no further business, the Meeting be adjourned at 7:55 p.m. Roll call vote. Those voting yes: Evans, Langan, Earl, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS U „ ; rrPn THIS 17th DAY OF ___May 1999. Mayor unci Councilperson o cil on Rouncilperson 11 or/�� — Councilpe on ATTEST: Page 102 City Clerk