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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. f Cenci p� "rsan � Councilperson ATTEST: itten _ T/ 16th DAY OF Mayor unei persokz " Co on Councilper on City C1