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HomeMy WebLinkAbout2004-09-07city council minutesBOOK 45 REGULAR MEETING SEPTEMBER 7, 2004 7:00 P.M. The Meeting was called to order by Mayor Nancolas. PAGE 156 The Invocation was offered by Pastor Freddie Lane of Caldwell Christian Center. The Mayor asked 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: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Absent: none. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA Councilman Hopper asked that Item 12 be added to the Consent Calendar to accept the Assessment Roll for Local Improvement District (LID) No. 04 -2 and set the Public Hearing for October 4, 2004 at the Regular City Council Meeting at 7:00 p.m. MOVED by Hopper, SECONDED by Oates to amend the Consent Calendar. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to approve the agenda as amended. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION Mayor Nancolas introduced and welcomed Mike Butts who is the new Caldwell reporter with Idaho Press Tribune. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the August 16, 2004 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Planning & Zoning Commission held on July 14, 2004, the Caldwell Public Hearing Before the Hearing Examiner held on July 28, 2004, and the Friends of the Depot held on May 19, 2004 and June 16,2004; 3. Approve resignation of Nina Vaughn from the Senior Citizens Board effective August 1, 2004 and the appointment of Linda Waner to serve this term to the end of December 31, 2005; 4. Approve resignation of John Montgomery from the City Center Steering Committee and the appointment of Mike Pollard and Steve Fultz; 5. Approve Orders of Decision on Case No. SUB - 35(3) -99 (Vallivue Heights Until No. 3), Case No. SUB- 83(1)- 03 ( Montecito Park Unit No. 1), and Case No. SUB-57(3)F-00 (Virginia Park Unit No. 3); 6. Approve Resolution No. 69 -04 authorizing the execution of a Public Right -of -Way Deed from Ms. Adelle Doty for property located at 202 E. Ash Street. 7. Approve Resolution No. 70 -04 authorizing the execution of an Emergency Access Road Easement, a Temporary Hammerhead Turnaround Easement, and a Right -of -Way Quitclaim Deed with Montecito Park Development, LLC for Montecito Park Subdivision No. 1. 8. Approve Resolution No. 71 -04 authorizing the execution of a Public Utility Easement with Dan F. Robertson, Randell J. Robertson, and Neil C. Robertson for Clearwater Plaza; 9. Approve Resolution No. 72 -04 authorizing execution of an Agreement for Purchase of Real Property with Dyver Development, LLC for purchase of Delaware Park Well Site in the amount of $7,600.00; 10. Approve Resolution No. 73 -04 accepting dedication of sewer main, water main, and street lights in Logan's Crest Subdivision to the City by Carl W. Anderson; 11. Approve Resolution No. 74 -04 authorizing the execution of a Settlement Agreement and General Release with Caldwell Irrigation Lateral District and J -U -B Engineers, Inc.; 12. Accept Assessment Roll for Local Improvement District No. 04 -2 and set the Public Hearing for October 4, 2004. MOVED by Ozuna, SECONDED by Dakan to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED BOOK 45 OLD BUSINESS PAGE 157 (SECOND READING OF BILL NO. 30 (ORDINANCE NO. 2516), CALDWELL PARK & RECREATION IMPACT FEE ORDINANCE, WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE SECOND READING AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor stated that this is the second reading of Bill No. 30 (Ordinance No. 2526) and he read by title only: AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADOPTING A NEW ARTICLE TO BE KNOWN AS THE CALDWELL PARK IMPACT FEE ORDINANCE TO PROVIDE FOR THE IMPOSITION, COMPUTATION AND PAYMENT OF A PARKS, RECREATION AND OPEN SPACE IMPACT FEE ON ALL FUTURE RESIDENTIAL DEVELOPMENT; PROVIDING AUTHORITY, INTENT AND DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF A SEPARATE IMPACT FEE FUND FOR SUCH FEES; PROVIDING FOR EXEMPTIONS, REFUNDS, CREDITS AND WAIVERS RESPECTING SUCH RvIPACT FEES; PROVIDING GENERAL PROVISIONS, APPLICABILITY AND APPEALS; AND PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Daken to waive the three reading process and pass Bill No. 30 (Ordinance No. 2516) on the second reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED Councilman Wells asked the Mayor about the effective date. The Mayor stated once the ordinance is passed and City Council has taken final action there is a 120 -day waiting period before any fees can be collected. This would put collection at approximately the first of the year. The 120 -day timeframe is from the date of publication, which would be September 13, 2004. MOVED by Hopper, SECONDED by Dakan to sponsor Bill No. 30 (Ordinance No. 2516) and move for its passage on the second reading and approve summary of publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER THE REVISED BILL NO. 31 [ORDINANCE NO. 25171 CONFIRMING THE REVISED ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT (LID) NO. 02 -1, WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read revised Bill No. 31 (Ordinance No. 2517) by title only AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 02 -1 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Dakan, SECONDED by Hopper to suspend the rules and pass Bill No. 31 (Ordinance No. 2517) on the first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to sponsor Bill No. 31 (Ordinance No. 2517) and move for its passage. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED NEW BUSINESS (CONSIDER ACCEPTANCE OF NEW FEE SCHEDULE FOR THE CITY AND SET THE PUBLIC HEARING FOR SEPTEMBER 20, 2004 DURING THE REGULAR CITY COUNCIL MEETING) E1Jay Waite, City Finance Director, presented a list of proposed fee increases in excess of 5% over the fee last collected or new fees. He gave a summary of the process for establishing these fees. BOOK 45 PAGE 158 MOVED by Hopper, SECONDED by Oates to set a Public Hearing for September 20, 2004 at 7:00 p.m. at the Regular City Council Meeting to consider proposed fee schedule. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER RECOMMENDATION FOR THE AWARD OF BID FOR THE KARCHER RESERVOIR PROJECT) Gordon Law, City Engineer gave a summary on the bid process and the reason for this item being placed as a discussion item. He gave a brief overview of the issues that arose during the course of the bidding. Law continued: The City received three bids; one of the bids came in two minutes late. The apparent low bidder had buyer's remorse shortly after bid opening and informed staff that he thought he had made a clerical mistake in his submittal. He initiated proceedings to withdraw his bid. This left only one bid remaining. Law asked council to consider whether the City Engineer gave the proper instructions on the disposal of the bid that was received late. The late bid was submitted by McIlvaine Construction. MOVED by Ozuna, SECONDED by Dakan to confirm the action by City Engineer at bid closing to reject the bid from McIlvaine Construction because it was late. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED Law continued: Shortly after the bid opening, the apparent low bidder — Morse Construction Group, notified the City and our Engineer that they had left about $158,000 in material costs from a portion of the bid. They indicated to City staff that they might have to withdraw their bid unless the City could renegotiate the contract with them. A letter was submitted by Morse whereby they made a request to adjust the contract or to allow the firm to withdraw their bid without losing their bid security. Mark Hilty, City Attorney stated that he reviewed Idaho State Code, Section 54 -1904C which sets forth the criteria for being able to withdraw a bid and to receive a bid security back. Through his analysis, Hilty determined that Morse met the requirements of the statute; they were entitled to not only withdraw their bid, but also to receive their bid security back. Copies of the sufficient documents provided by Morse have been provided in the council packets. MOVED by Hopper, SECONDED by Oates to approve the recommendation not to accept a contract adjustment and also to approve the recommendation to accept Morse Construction Group's withdrawal. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker, and Oates. Those voting no: Dakan. Absent and /or not voting: none. MOTION CARRIED Law continued: What the City is left with is the bid submitted by Performance Systems International. Montgomery Watson Harza evaluated this bid and noted the following exceptions: 1) the bid was not submitted properly bound per bid instructions; 2) subcontractors contributing 5% or more of the total value of the project were not listed per bid instructions; and 3) the steel tank fabricator was not properly licensed in the state of Idaho at the time of bid submittal per bid instructions. The City Engineer, City Attorney, and the consultant evaluated these and concluded that on these three exceptions council could legitimately waive these if they chose to. Council is asked to consider whether they agree with the evaluation that these can be waived and whether they should be waived and not constitute exceptions to the bid, rendering it non - responsive. Councilman Hopper asked Law to explain the difference in these circumstances and those circumstances that council used to reject all bids in the previous bidding of this project. Law answered that his recollection of the previous bid was that, ultimately, the decision was based on the economics of the issue. The Mayor asked Law about the criteria in which the bidder did not have a licensed subcontractor. Mark Hilty answered that under Idaho law there are specialty subcontractors and these have to be identified no matter what role they play, no matter how small. This statutory requirement does not extend to steel tank fabricators. Councilman Hopper asked Law about the bid not being bound properly. Was the information there, but it just wasn't organized h the manner that the bid required? Law answered that one of the issues that is being accepted when submitting a bid is all of the specifications that go with the project. This would be an item that would have to be signed after award of bid, all as a package together including the drawings, the specifications, and the original bid submittal. Then it could be rectified before the time that they actually signed the document. This was our conclusion why that could exist as a possibility to be waived. The Mayor stated that the decision from council is to either approve the waiver of exceptions or not. If council does not approve the waiver of exceptions, then it would go back to a re -bid. Councilman Blacker asked Law why this bid came in so much lower than the last time we went through this process. Law answered that the primary reason was a change in the nature of the construction of the tank. MOVED by Hopper, SECONDED by Oates to approve the waiver of exceptions in bid submittal noted in items 1, 2, and 3 above. BOOK 45 PAGE 159 Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to approve the Award of Bid to Performance Systems International in the amount of $2,198,000 for the referenced project. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI"ICIAL] ON CASE NO. SUB- 106P -04 & ZON -39 -04 [SKY RANCH BUSINESS CENTER] FOR REZONE OF APPROXIMATELY 35 ACRES FROM M-1 TO C3 [INCLUDING A DEVELOPMENT AGREEMENT] AND PRELIMINARY PLAT APPROVAL OF 29 COMMERCIAL, 26 INDUSTRIAL, AND 3 COMMON LOTS) The Mayor indicated that the City received a letter today from the developer requesting that this item be continued to the next city council meeting. The Mayor opened the public hearing. He read the developer's letter into the record and entitled it CC -1000. MOVED by Oates, SECONDED by Blacker to continue Public Hearing to a time and date certain, which is September 20, 2004 at 7:00 p.m. at the Regular City Council Meeting. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,946,692.53 for the period ending August 31, 2004 and a net payroll in the amount of $200,320.05 for the pay period ending August 21, 2004. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,946,692.53 represented by check numbers 22268 through 22693 and the total payroll in the amount of $200,320.15 represented by check numbers 5808 through 5897 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Oates reported on the Library Board Meeting and the investment problems that have plagued the City's audit reports appear to have been resolved. He attended the Airport Commission and there was discussion about the perimeter fence. There are lots of interpretations about what the uses of this fence are and some interesting change orders have been requested by some of the hangar lessees. The change orders have been requested with cash. Councilman Blacker reported on the Friends of the Depot meeting and that they are going to form a 501 C. This is for the purpose of raising additional funds. Councilman Wells reported on a nitrate committee group that he has served on for the last 6 to 8 months. This group is in the process of putting together a plan for Canyon County on how to address nitrate issues. It will affect how development takes place. September 19 through 23, Wells will be in St. Louis at the Brownfield's Conference. (MAYOR'S COMMENTS) The Mayor reported on Farm Worker's Appreciation Day. Attendance was well over 5000. The Mayor will be leaving tomorrow morning for Washington DC to attend a YMCA meeting. The YMCA is paying for the trip expenses. September 11, 2004 at 10:00 there is a service project supported by Albertson College. All are welcome to participate. September 13 & 14 is the ESGR Boss Lift. They have invited the Mayor, Mayor Tom Dale and Mayor Beiter to fly in a C-130 to Ft. Bliss in order to see the 145'' and 116'' off to Iraq. September 18'' is the Mayor's Scholarship Golf Tournament at 1:00. All the money goes towards Vallivue and Caldwell High Schools. September 25'' is the Indian Creek Festival. There are great activities and entertainment planned. September 30'' is the AIC Legislative Session in Boise. Everyone is invited to attend. October 7'' & 8'' is the City's Health Fair at the Community Room at the Police Station. zt"- F �p•h� x 4 rY a 19