HomeMy WebLinkAbout1983-08-09city council minutesBook 24
REGULAR MEETING
August 9, 1983
12:00 Noon
Page 187
The Meeting was called to order by Mayor McCluskey.
The Mayor requested that everyone stand and give the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the following
members present: Raymond, L. Carter, J. Carter, Mallea, Betts,
and Cowles. Absent: none.
(AUDIENCE PARTICIPATION)
The Mayor asked if there was anyone from the audience who cared
to address anything that was not included on the prepared Agenda.
Since there was no one, the Mayor- declared that the Meeting would
continue as outlined.
OLD BUSIESS
(RESOLUTION AND POLICY ON SEWER RATES)
The Mayor called on the City Engineer, Ron Redmond, to give an
explanation as to the "East Cleveland Interceptor Sewer Special
Fee and Rate Determination.
Mr. Redmond stated that he prepared a statement explaining the
special fee - rate determination.. He further said that what he
tried to do was to show the City Council and the Mayor that the
fee was not high and if anything, probably was low. The
statement presented to the Council and Mayor as as follows:
One of the concerns expressed by some of the people affected in
the service area is the amount of money that was going to be
generated by the proposed $800 per acre fee. I have attempted to
approximate the potential area that we could charge the special
fees based on the City limits as they are today.
The approximate area within the total boundary for which the
interceptor sewer was planned is approximately 2240 acres. The
property that would be able to connect to the City sewer and to
which we could charge the special fees (City will not provide
sewer service outside City limits,) is approximately 1680 acres.
This is the area within the proposed boundary that is currently
within the City limits.
Other land areas upon which we would not be able to charge fees
are as follows:
1. Area already served estimated - 40 acres (based upon
approximately 110 existing connections).
2. Railroad right of way (200° in width) - 65 acres.
3. Airport facilities (runway, tiedowns, no build areas for
current and future runways) - 130 acres.
4. Areas within street rights of way (33% of total - see note) -
555 acres.
5. Future public open space (10% of total - see note) - 170
acres.
Note: "The proportion of land devoted to public open space
and institutional uses generally ranges from 10% to 25 %.
These land use studies indicate that street rights of way
occupy one fourth to one third of all developed land
regardless of city size and density." (Transportation and
Traffic Engineering Handbook, 2nd Ed., ITE 1982.
Book 24
Page 188
The approximate areas that can be charged are therefore as
follows:
Land within boundary and within city limits - 1680 A.
Minues: Area already served 40 Acres
Railroad r/w 65 Acres
Airport 130 Acres
Street right of way 555 Acres
Open space 170 Acres
Available Area
720 A.
An identified in earlier questions, the City is anticipating
receipt of $232,000 in UDAG funds that by Grant Agreement an
equivalent amount of funds will have to be generated and paid
into a capital improvement fund. Additionally, the City used
$387,000 of City .funds to help finance the project. An
appropriate area fee would therefore be:
$619,000 divided by 720 acres or approximately $860 per acre
Finally, administrative costs and accounting costs for
implementation of the fee could also be charged.
Therefore, the proposed fee of $800 per acre is not unreasonable
and under today's circumstances would generate only sufficient
funds to repay what has previously been spent.
After Mr. Redmond's presentation, the Mayor read the Resolution
in full as follows:
A RESOLUTION ESTABLISHING A SPECIAL FEE AREA WITHIN THE CITY
OF CALDWELL FOR THE PURPOSE OF CHARGING AN ADDITIONAL FEE
FOR SEWER FACILITIES CONSTRUCTED AND SPECIFICALLY BENEFITING
THOSE PROPERTIES WITHIN THE IDENTIFIED AREA; STATING THOSE
SPECIAL PURPOSE FACILITIES; STATING THE BOUNDARIES WITHIN
WHICH THE SPECIAL FEES WILL BE CHARGED; STATING THE AMOUNT
OF FEES TO BE CHARGED AND THE TIME AT WHICH THE FEES SHALL
BE PAID; CREATION OF A SEWER CONSTRUCTION CAPITAL
IMPROVEMENT FUND INTO WHICH SAID FEES SHALL BE PAID.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CALDWELL, IDAHO:
Section 1. That the Mayor and City Council of the City
of Caldwell do hereby establish a special fee area within
the City of Caldwell for the purpose of charging an
additional fee for sewer facilities constructed,
specifically benefiting those properties within the
identified area.
Section 2. That the facilities providing benefit to
the area consist of a sewer interceptor line and a sewage
pump station constructed under Economic Development Action
Grant Project No. 07- 01- 0232E, and Urban Development Action
Grant Project No. B79 -A3 -16 -0011, which project is commonly
known as the Southeast Interceptor Sewer and which
construction costs in both City funds and federal grants
totaled approximately $1,278,500.00.
Section 3. That the area served by these facilities
was identified in a report prepared by the City Engineer in
1979 and that the boundaries of the special fee area are as
shown on the attached map.
Section 4. That the fee to be charged is hereby
established as $800.00 per acre, which fee shall be
proportionately applied to fractional portions of an acre.
Section 5. That the fee shall be charged at the time
that sewer service is commenced and said point of
commencement shall be at the time of obtaining a building
permit for all new sewer services.
Book 24
Page 189
Section 6. That the fee shall be charged to all new
sewer services within the previously described boundary on
all property that is developed beyond a vacant or
agricultural crop- productinq use.
Section 7. That the City Engineer is directed to
prepare a fee policy and maintain records based upon this
Resolution so that the administration of this charge may be
properly carried out.
Section S. 'That the Mayor and City Council of the City
of Caldwell do hereby create a sewer capital improvement
fund for the East Cleveland Sewer Interceptor Service Area,
which fund shall "be used to assist in the future expansion
or replacement of major sewer facilities within that area,
and into which the aforementioned special fees shall be
paid.
BE IT FURTHER RESOLVED that this Resolution shall take
effect and be in full force upon its passage and approval.
Councilman Cowles staged that with regard to Section 8, which
discusses the sewer capital improvement fund, is the City going
to be able to build up enough money from the $800 charge - to begin
a capital improvement -- or will this be an additional charge.
Mr. Redmond explained that the $800 was a reasonable fee for the
charge and replacing what has already been spent. It was hoped
that by the time there was full saturation of the area, the City
would have generated over $600,000 in capital improvement funds.
Several of the City Council members questioned as to whether it
would be only in that area. Mr. Redmond stated that the reason
they were restricting it to that area was in the hopes that it
would minimize potential court objections.
This particular issue was discussed at some length by the City
Council members. The City Engineer pointed out that they could
make this change in the body of the Resolution if desired.
It was then MOVED by Mallea, SECONDED by Raymond that Section 8
of the Resolution be audited to :read; "That the Mayor and City,
Council of the City of Caldwell do hereby create a sewer capital
improvement fund, which fund shall be used to assist in the
future expansion or replacement of major sewer facilities and
into which the aforementioned special fees shall be paid."
Roll call vote. Those voting yes: Mallea, Cowles, Raymond, L.
Carter, and J. Carter. Those voting no: Betts. Absent and not
voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Mallea that Resolution 18 -83 be
passed establishing a special fee area within the City for the
purpose of charging an additional fee for sewer facilities
constructed.
Roll call vote. Those voting yes: Raymond, L. Carter, J.
Carter, Mallea, and Cowles. Those voting no: Betts. Absent and
not voting: none.
MOTION CARRIED
(REQUEST FROM CROOKHAM COMPANY)
The Mayor explained that this item was discussed at the last City
Council Meeting and he would asl the City Engineer to address
this item again at this time.
Mr. Redmond stated that this was a triangular piece of property
at the corner of .Dearborn and Warehouse near the intersection of
Paynter and Aven Streets. Crookhams requested a closure of the
street and it may be more appropriate to have them request a
vacation. Mr. Redmond further said that the request was valid
Book 24
Page 190
and it would be appropriate to obtain another twenty foot strip
of right of way along Paynter to facilitate the improvement of
that street when possible.
The Mayor said that the action at this time would be to establish
a Public Hearing and have the City Engineer draw up the proper
papers.
MOVED by Raymond, SECONDED by J. Carter that the City Engineer
proceed with this request.
MOTION CARRIED
NEW BUSINESS
(HARDSHIP TRASH PICKUP REQUEST)
The Mayor informed the City Council that there was one request to
waive the fee for trash pickup. Councilman Raymond stated that he had
pursued this request and would recommend its approval.
MOVED by Raymond, SECONDED by L. Carter that this request for hardship
be granted.
MOTION CARRIED
(IDA -ORE FUNDING)
The Mayor read the following letter from the Canyon County
commissioners:
Attached is a copy of a statement from Ida -Ore which
reflects a cost to your City of $813 .53 for Ida -Ore
services. We have closely reviewed the progress of Ida -Ore
the last year_ In our opinion there is an indication of
change in direction resulting in more direct response and
less speculative adventure by the sectors of the management
and board members.
Please submit your warrant as soon as possible or if you do
not intend to pay your portion of the dues please advise us
of that fact over your signature so that we have your
position propertly documented.
Thank you for your immediate response to this request.
In the discussion that followed, it was determined that the
monies were budgeted for this and it was the Mayor's
recommendation that the City of Caldwell fund Ida -Ore another
year.
MOVED by Mallea, SECONDED by J. Carter that the Mayor be
authorized to remit a letter of acceptance from the City of
Caldwell.
MOTION CARRIED
(PROSECUTING ATTORNEY LETTER)
The Mayor read the following letter received from Richard L.
Harris, Prosecuting Attorney for Canyon County:
It is my recollection that the Caldwell City Contract was to
be renegotiated at the end of July. As you recall, that
date was chosen for reasons including the new DWI and new
infractions act which took effect on July 1, 1983.
At this time, we are keeping track of any changes that might
occur in our work load caused by the new laws. However, I
anticipate approximately a three month back log for cases
pending under the previous statutes to be completed.
Considering that I would suggest that the contract be
Book 24 Page 191
renegotiated at - the end of September. At that time we will
have an idea how much our work load will be affected by the
infractions act and whether our work load will be increased
by the new DWI law. I would appreciate hearing from you
regarding at your earliest convenience.
The Mayor stated that he would turn this item over to a Committee
consisting of Councilmen Raymond, Cowles, and . Mallea.
(PARKING ORDINANCE REVISIONS REQUEST)
The Mayor explained that there was some letters going back and
forth from the Police Chief to the City Attorney regarding the
City's Parking Ordinance. The Mayor read several of the letters
for City Council information and stated that he would like to
have Council approval to pursue this as it would take the City
Attorney's time. It was agreed by Council that the Mayor was to
pursue this and recommended that a proposal be submitted by the
Police Chief as to what he proposes.
(CLAIM - MARC MAIELLO)
The Mayor read the claim as follows:
On Tuesday, July 26, 1983, at about 7:00 p.m., I was
attending Dog Obedience class at Caldwell Park. My son,
Marc, was playing miniature golf. My class was interrupted
due to an eye injury Marc had at the golf course. Mr. Tim
Messuri assisted him in first aid and informed me that Marc
got hit with the golf club while another child was swinging
to hit the ball. We brought Marc to the Emergency Room at
the hospital because his eye was bleeding. He was treated
and the doctor recommended X -ray to be certain that the
orbit was not fractured. Enclosed you will find the bill
from the hospital. I would appreciate it if the medical
expense could be paid to the Caldwell Memorial Hospital.
/s/ Mrs. Jean Maiello
MOVED by Mallea, SECONDED by L. Carter that the claim be denied
and turned over to the Insurance Carrier.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilwoman Mallea informed the City Council that they needed to
make some kind of a decision with regard to the bank accounts for
this year. There would be a meeting set for August 22nd to hear
the proposals from the banks. If agreeable with other members of
the Council, Councilwoan Mal-lea said she would like to set them
following the noon meeting on August 23rd to begin at 2:30 p.m.
The law now allows the cities to make one bank account at one
bank and this was the intent of the City of Caldwell. She would
encourage members of the City Council to attend. Hearing no
objections from the Council, Councilwoman Mallea asked that Mrs.
Talley schedule the banks who cared to submit a proposal.
Councilwoman Mallea also reported that Crime Stoppers held their
meeting and reported that they made quite a bit of money on their
jail over the Fourth. They were attempting to start a business
watch like the Neighborhood Watch and a Committee was formed to
investigate this possibility. The Library was in a holding'
pattern at the moment with Elaine Leppert acting as Director..
The hashbrown will be served on Saturday morning and any of thee_..._.
Council who cared to ride in with the trolley were to be at the
Food Division of Simplots at 9:00 a.m.
Book 24 Page 192
Councilman L. Carter questioned as to whether something could be
done with the yard sale on Blaine Street. The Mayor said that
this was in a Commercial area and the City couldn't do anything
about it. There was some discussion with regard to this problem
and the Mayor stated that he would pursue it.
Councilman Cowles stated that the new Chamber of Commerce
Director was in town and it would be nice if Council members
would go over to their office and. introduce themselves.
Councilman Raymond reported with regard to the Airport Commission
meeting. He also attended a B.L.D. Meeting last Thursday and
there was to be another one this week.
(MAYOR'S COMMENTS)
The Mayor informed the City Council that he was getting a lot of
response with regard to the Centennial Parade in September. He
also stated that "My Idaho Home Show" was a complete sucess.
There being no further business., the Meeting was adjourned at
1:00 P.M.
APPROVED AS `"'
August---- 1983.
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