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HomeMy WebLinkAbout1998-09-08city council minutesBook 39 REGULAR MEETING SEPTEMBER 8,1998 7:00 P.M. The Meeting was called to order by Mayor Nancolas. INVOCATION AND PLEDGE OF ALLEGIANCE. Page 200 The Invocation was offered by Toby Schroeder, of the Friend's Church, after which the 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: Earl, Ozuna, Langan, Wells, Gable, and Evans. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. Mayor Nancolas asked if there were any additions or deletions to the prepared Agenda. It was MOVED by Earl, SECONDED by Gable to remove Item No. 18, which was the bid for Flying J underground utilities, from the Consent Calendar. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. u_•_ •\ . 1 MOVED by Earl, SECONDED by Evans to approve the prepared Agenda as amended. Roll call vote. Those voting yes: Earl, Ozuna, Langan,Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED SPECIAL PRESENTATION BY TOM ENSLEY The Mayor explained that Mr. Ensley was present tonight to make a presentation to the Members of the Council. He has been involved in the downtown redevelopment project and has completed some drawings that he would like to present and explain to the Council and the public. Mr. Ensley noted that the Mayor contacted him during mid summer and asked if he would do a downtown streetscape. The drawings were displayed for the Council and the audience and he explained the various possibilities that could occur. He emphasized that it should have a pleasant environment where people would want to gather and have a reason to want to be there. After his comments regarding the drawings, the Mayor thanked him for taking the time to make this presentation and for all of the things he has done for the City over the years. The Mayor further said that this was intended to be a project that the City will take the lead in as far as the plaza that Mr. Ensley described. The streetscape as the changes in sidewalk, curb and gutter would still be offered to the merchants under a voluntary L.1.D. basis. The City would participate in this construction or reconstruction of the curb, gutter, and sidewalk at the rate it presently was participating. The trees, pavers, and lights, which the City would not participate in, would be included in the L.I.D. which gives them the advantage of having the work done now and their payments would not start for approximately fourteen to eighteen months. In conclusion, the Mayor stated that he hoped this work done by Mr. Ensley would be the kickoff for beautification of the downtown area and that the merchants would become interested in participating. Book 39 Page 201 (INTRODUCTION OF SPECIAL VISITORS) Mayor Nancolas introduced several high school students from Mrs. Jackson's Government Class. In addition, he also welcomed Monte Munn and his wife, Carol. The Mayor explained that the City has started a program of selecting an Employee of the Month and recognizing them at the City Council Meeting each month. The employees were nominated by their supervisor and a small committee chose the employee each month. This month that person 'was very deserving, an asset to the City, and has had to deal with several organizations and keep everyone happy. His willingness to cooperate and sacrifice his own well being for the City were remarkable traits particularly with regard to the Events Center, Mayor Nancolas presented a plaque to Devin Riley as the Employee of the Month for August. AUDIENCE PARTICIPATION Mayor Nancolas asked if there was anyone from the audience who cared to address the City Council at this time on any item that was not included on the prepared Agenda. Bill Little, 6805 El Paso Road, Attorney at Law, was introduced by the Mayor. He stated that he has represented the Subias over the years and wasn't sure if the Council was aware of the revocation of Mr. Subia's beer and wine license at Vern's Tavern. Mr. Little explained that initially Mr. Subia retained an attorney, other than himself, to represent him in this matter. He was in receipt of the August 12 letter from the City Clerk's Office provided to the Subias. That particular Counsel did not get the notice of appeal timely filed and therefore, the revocation took place. He believed that the Caldwell City Council was empowered to extend the time which Mr. Subia has to answer that August 12` notice. That was why he was here at this time. The revocation of his licenses severely impairs his ability to make a living. The tavern has been closed for the last several days to remodel and he was looking forward to reopening it. Mr. Little stated that he was asked by Mr. Subia to appear tonight and request the Council extend the time period for Mr. Subia to file the appeal so he could go through the process available to him had the appeal been presented in a timely manner. Mayor Nancolas thanked Mr. Little and stated that his request was on public record. They would refer the request to the City Attorney for consideration and they would be receiving an answer back. Clyde Warner, 916 North Third Avenue, was recognized and commented on traffic problems on Hannibal Street and a problem involving two trailers and a house on Hannibal belonging to Bob Carrow which was a scrap yard. He stated that if we were trying to beautify the City, how can this happen with people on the freeway seeing this type of thing. His concern was the fact that people do not want to clean up their own home and property and he wished something could be done about it. The Mayor assured Mr. Warner that he would discuss these problems with the Code Enforcement Officer. The Police Department has been working on this and have visited with Mr. Warner several times. Certain situations were remedied and then they come right back again. Rick Parrott, 2315 North Illinois Avenue, was recognized and informed the Mayor and Council how bad the mosquito problem was up by Sacajawea School. He suggested that perhaps the City could put less water on the ground at the Cemetery as he believed this was part of the problem. CONSENT CALENDAR Book 39 The following items under the Consent Calendar were presented by the Mayor for consideration by the City Council Members: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of August 17, 1998, and the Special City Council Meeting of August 24, 1998 and approve as written; 2. Approve the following minutes from Caldwell Housing Authority Meeting of July 8, 1998, and the Traffic Commission Meeting of August 18, 1998; 3. Approve acceptance of a 30 foot right of way deed for Laster Lane provided by Windstone Estates; 4. Approve a Resolution authorizing the execution of a Mutual Assistance Contract with the County Narcotics Unit, Canyon County Sheriff's Office, and County Prosecuting Attorney's Office; 5. Approve Resolution to authorize the execution of an amendment to the Professional Services Group Contract for the operation of the City's publicly owned treatment works; 6. Approve Resolution authorizing the execution of a cancellation of an Airport Tenant Agreement with Drake Mechanical and a Resolution authorizing the execution of a cancellation of an Airport Tenant Agreement with Max Barker; 7. Approve Resolutions authorizing new Airport Tenant Agreements with Tom Schneider, Jim Raeder, Rick Drake, and Timbre Wolfe; 8. Approve Order of Decision on the denial of a proposed manufactured home development ordinance, Case No. OA- 18 -98; 9. Approve Order of Decision on Case No. HOL- OIA -98 to extend the 180 day moratorium by 90 days on accepting any new applications for mobile home parks; 10. Approve Resolution to authorize execution of a Project Construction Agreement for intersection of Indiana Avenue and Linden Street; _ 11. Approve dedication of sewer, water and street light facilities for West Valley Estates II Subdivision; 12, Approve Order of Decision on Case No. ANN- 11 -98, Annexation of Country Acres; 13. Approve Resolution for cancellation of an Airport Tenant Agreement with Jeanne Deringer; 14. Approve Resolution for a new Airport Tenant Agreement with Gregory W. Doster; 15. Approve the Mayor or City Engineer to sign request for reimbursement from the Idaho State Revolving Loan Fund; 16. Approve easements for a storm drain line along Oregon Avenue; 17. Approve awarding the bid for Marble Front Signal Project to the low bidder, J. M. Hess, Inc. Page 202 MOVED by Earl, SECONDED by Langan to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. fr[i�IJ(•� s�7�;iieTi� OLD BUSINESS (SECOND READING OF BILL NO. 25, THE APPROPRIATION ORDINANCE FOR 1998 - 99) Mayor Nancolas stated that this was the time set for the second reading of Bill No. 25, which was the Appropriation Ordinance for 1998 -99 for the City of Caldwell. He called on Mr. Waite, the Finance Director, to present the background information on this matter. Book 39 Page 203 Mr. Waite reported that this Bill was the annual Appropriation Ordinance for the 1998 -99 budget. It was properly noticed on August 7` and August 14` in the Press Tribune. A copy of the budget has been on display and available for public comment and review in the Finance DeXartrnent during this time period. The Tentative Budget was passed on July 20 , a Public Hearing was held on August 17`' and the first reading was completed during the last Council Meeting. At this time, there were no changes in the total budget. There were a few mina changes within the Departments as manpower was adjusted. It was his recommendation that the Council waive the rules and pass the Bill on the second reading. This would allow passage of the Bill on the final day that was possible under Idaho Code and Monday would be the day to certify our property tax levy with Canyon County. Mayor Nancolas stated. that if there was anyone in the audience who had a question, they would encourage their participation. Since there was no one, the Mayor asked Mr. Waite to point out the most significant changes in this budget which included the Treatment Plant project, improvements at the Airport, reduction in personnel in the Finance Department and addition of two employees, one in Building and one in the Police Department, and the City Attorney assuming both prosecution and civil cases. Mr. Waite also noted that there were some fee increases which he would discuss during his report at the conclusion of the New Business. Mayor Nancolas read Bill No. 25 as follows: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, APROPRIATING THE SUM OF $33,946,950 TO DEFRAY TIIE EXPENSE AND LIABILITIES OF THE CITY OF CALDWELL, IDAHO, FOR SAID FISCAL YEAR, AUTHORIZNG A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That the sum of $33,946,950 be, and the same is appropriated to defray the necessary expenses and liabilities of the City of Caldwell, Canyon CoLmty, Idaho, for the fiscal year beginning October 1, 1998. Section 2. The objects and purposes for which such appropriation is made and the amount of each object and purpose is as follows: FY 99 Proposed FUND Expenditures General Fund $ 7,239,654 Caldwell Events Ctr Fund 251,777 General Fund Override 0 Library Fund 738,758 Street Fund 3,215,512 Airport Fund 1,746 519 Recreation Fund 285,900 Liability Ins Fund 251,513 Cemetery Fund 196,883 Cemetery Capital Imp Fund 32,050 Cemetery Perp Care Fund 30,300 Community Development 250,000 H.U.D. Fund (Remaining) 171,931 Debt Service Fund 644,510 Capital Imp Fund 387,788 Golf Fund 916,713 Water Fund 2,325,385 Sewer Fund 12,767,071 Book 39 Sanitation Fund 1,556,581 Street Lighting Fund 216,309 Employee Health Ins Fund 635,896 Employee Dental Ins Fund 85,000 TOTAL Expenditures $ 33,946,950 Recreation Fund FY 99 Liability Ins Fund Proposed -Non Cemetery Fund Property Tax FUND Revenue General Fund $ 3,748,588 Caldwell Events Ctr Fund 251,600 General Fund Override 0 Library Fund 397,384 Street Fund 1,758,528 Airport Fund 1,540,377 Recreation Fund 155,206 Liability Ins Fund 25,000 Cemetery Fund 135,639 Cemetery Capital Imp Fund 10,100 Cemetery Perp Care Fund 48,000 Community Development 250,000 H.U.D. Fund (Remaining) 11,500 Debt Service Fund 688,626 Capital Imp Fund 218,878 Golf Fund 745,320 Water Fund 1,474,216 Sewer Fund 9,523,000 Sanitation Fund 1,613,035 Street Lighting Fund 174,888 Employee Health Ins Fund 632,000 Employee Dental Ins Fund 100,500 TOTAL Other Revenue 23,502,385 FY 99 Proposed Property Tax FUND Revenue General Fund 3,282,617 General Fund Override 0 Library Fund 341,222 Street Fund 553,505 Airport Fund 49,988 Recreation Fund 121,931 Liability Ins Fund 0 Cemetery Fund 52,698 Capital Imp Fund 155,327 TOTAL Property Tax Revenue 4,557,288 SUBTOTAL All Revenue 28,059,673 Use of Fund Balance or Retained Earnings 5,887,277 Page 204 TOTAL All Revenue 33,946,950 Book 39 Page 205 MOVED by Langan, SECONDED by Evans to waive the rule requiring that a Bill be read at three separate times and in full for one reading. Roll call vote. Those voting yes: Langan, Wells, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: Gable. MOTION CARRIED MOVED by Langan, SECONDED by Evans that Bill No. 25 be passed after the second reading by title only and entitled Ordinance No. 2246. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PRESENTATION BY CLAIR BOWMAN — REGIONAL PUBLIC TRANSPORTATION AGENCY) Mr. Clair Bowman, 413 West Idaho in Boise, was recognized by the Mayor and distributed brochures to the Mayor and City Council. He explained that they would have an opportunity to vote for Regional Public Transportation Agency in the November Election. The Canyon County Conunissioners approved putting that on the ballot and it was already being printed with the question on it. IIe explained that he would like to present a short video after which he further commented on the importance of moving forward with this program. Monte Munn, 1510 Dearborn Street, also was recognized by Mayor Nancolas and stated that he would like to make a couple of comments as a citizen of Caldwell and also as a member of the Idaho Transportation Department's Region Three Public Transportation Advisory Committee. There were four on the Committee who advise the Idaho Department of Transportation on public transportation matters. Mr. Munn briefly updated the Mayor and Council as to what was going on within their operation in the ten county southwest Idaho area including Ada County and Canyon County as their activities relate to public transportation and providing the needs of public transportation. He would encourage all to vote yes on the issue Mr. Bowman discussed that would be included on the ballot as it was an important legislation. The Mayor noted that they had scheduled a workshop this evening with the Treasure Valley Transportation. Unfortunately, they were unable to make that meeting so it has been rescheduled for September 21 at 5:30 p.m. (RESOLUTION OF INTENT FOR L.I.D. 98 -4 FOR PAVING OF AIRPORT AND SUNSET AVENUES AND SET THE PUBLIC HEARING FOR SEPTEMBER 21, 1998) Mayor Nancolas explained that this item was to consider the Resolution of Intent for Local Improvement District No. 98 -4 for the paving of Airport` anal Sunset Avenues. IIe requested that Mr. Enebo, the Engineering Supervisor, present the background information on this matter. Mr. Enebo reported that this Resolution proposes the formation of an L.I.D. to construct street and drainage improvements in the portion of Airport Avenue Book 39 Page 206 between Linden Street and Hampton Circle and the portion of Sunset Avenue between Woodlawn Drive and Sunnyside Drive. This would be a continuation of the City's efforts to pave virtually all graveled streets in the next decade. The City has received petitions requesting the above stated improvements from the property owners in both of these areas. The total project cost is anticipated to be $39,000. The Engineering Department proposes including in the Assessment Roll all properties directly fronting on said improvements. It was the recommendation of the Engineering Department that Council approve the Resolution of Intent and set September 21, 1998, as the date for the Protest Hearing and Ordinance creating L.I.D. 98 -4. After several questions from the Council, the Mayor read the title of the Resolution as follows: RESOLUTION OF INTENTION TO CONSTRUCT STREET AND DRAINAGE IMPROVEMENTS IN THE PORTION OF AIRPORT AVENUE BETWEEN LINDEN STREET AND HAMPTON CIRCLE AND THE PORTION OF SUNSET AVENUE BETWEEN WOODLAWN DRIVE AND SUNNYSIDE DRIVE, TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT SAID IMPROVEMENTS, TO NAME SAID DISTRICT L.I.D. 98 -4 AND TO COMPLY IN ALL RESPECTS WITH SECTIONS 50 -1706 AND 50 -1707 OF THE IDAHO CODE. MOVED by Earl, SECONDED by Ozuna that the Resolution of Intention for Local Improvement District 98 -4 be passed and the Protest Hearing be scheduled for September 21, 1998. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE VACATION OF 25 FOOT RIGHT OF WAY BETWEEN THE SOUTH SIDE OF EAST ELM AND NORTH SIDE OF HAZEL — CASE NO. VAC- 04 -98) Mayor Nancolas stated that this was the time set for the Public Hearing on the vacation of 25 foot right of way between the south side of East Elm and north side of Hazel. The applicants for this vacation were Gene and Beth Hemmenway. The Hearing was properly noticed and the legal standards were met. The Mayor briefly explained the process for a Hearing and noted that no one has signed to speak in opposition and one signed up to speak in favor of the vacation. There was also one person signed on the sheet for comments or questions. The Public Hearing was then opened by the Mayor. Linda James, the Community Development Director, presented the background information on this request for vacation reporting that this Hearing was properly noticed and persons within three hundred feet of the boundaries of the area to be vacated were notified. She noted that in the Council's packet was a location map identifying the area as well as a survey map. The request was for approval to vacate a 25 foot right of way easement located between the south side of East Elm Street and the north side of Hazel Street and approximately 266 feet east of the intersection of Ellis Street and East Elm Street. The applicants note in their narrative that this right of way easement borders the east side of their property and that it was paved and used by their property for parking and ingress /egress for many years. The easement was vacated by the City in 1948, but was deeded back to the City in 1965 for some unknown reason. She also noted that the City does not own any right of way easement contiguous to the 25 foot right of way that was requested to be vacated and there were no other property owners using the easement or that benefit from the easement. Book 39 Page 207 There was considerable discussion with regard to this request particularly about the easement being deeded back to the City. In the course of the conversation, the Council indicated that they would be more comfortable if Pioneer Irrigation was notified to determine if there was an irrigation line. Mrs. Tames also noted that the City Engineer did not find a problem with this vacation. The Mayor commented that it appeared to him that there were some questions that needed to be answered. Gene Hemenway, 314 East Linden, was recognized and spoke in favor of this vacation. He indicated that he understood the Council's concern and explained the reason for his request. Mayor Nancolas suggested that the Council proceed with granting this vacation contingent on Pioneer Irrigation being notified and questioned about the possibility of an irrigation line. MOVED by Earl, SECONDED by Evans that the public testimony portion of the hearing be closed. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans that to grant the vacation for Case No. VAC -04 -98 contingent upon the determination from Pioneer Irrigation that they do not have any irrigation facilities within that easement that need to be protected. A short discussion was continued by the City Council. In the course of the conversation, the suggestion was made to have Staff check other utilities as well. With approval of Councilwoman Earl and Councilman Evans, the motion was amended to read as follows. MOVED by Earl, SECONDED by Evans to approve the vacation for Case No- VAC-04-98 contingent upon Staff verifying that there were no irrigation or other utility easements involved that need to be protected. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REPORT FROM THE FINANCE DIRECTOR) Mr. Waite distributed copies of fee increase changes that would come before Council as a Public Hearing at the next Regular Council Meeting. lie briefly reviewed the fee charges and informed Council that next year the fees would be discussed during the budget process and the Department Heads would be responsible for bringing any increases to them for consideration. If the increase was over five percent, a Public Hearing has to be held. In addition, he discussed the Employee's Policy Manual and assured the Council that they would be receiving an updated copy soon. At this time, it was determined that the Council Members would hold a workshop on October -12` at 5:30 p.m. for the purpose of discussing the Manual. Other items included`the bids for the new fire truck, the Custodial Contract would expire the end of December and they were looking at options, and also suggested to the Council that they were currently selecting fabric to cover the chairs in the Council Chambers. (FINANCIAL. REPORT) Councilman Evans reported that the finance Committee has reviewed current accounts payable in the amount of $1,248,514.30 for the period ended September Book 39 Page 208 3, 1998, and a net payroll of $129,547.24 for the pay period ended August 29, 1998. MOVED by Evans, SECONDED by Langan that accounts payable in the amount of $1,248,514.30 represented by check numbers 59442 through 59792 and payroll for the amount of $129,54724 represented by check numbers 62933 through 63061 and direct deposit stub numbers 8838 through 8934 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL COMMENTS) Councilman Wells asked how the franchise survey was coming along. The Mayor said that he seemed to be encouraged regarding the Idaho Power Franchise. Councilman Gable commented on the Flying J opening and how nice it was. Councilman Evans stated that he was looking forward to the meeting the next day to discuss the County Annex. He encouraged other members of the City Council to attend. Councilwoman Earl reported that they have been discussing the current ongoing case in Boise dealing with ex parte communication. She felt that it would be appropriate to have a workshop with the Planning and Zoning Commission to talk about this issue. Also, if Council had other issues they would like to have the City Attorneys discuss, they could inform the law firm so that they would be prepared to answer them as well. She talked with Mrs. James and they tentatively talked about October 12 The Mayor explained that he would like to proceed through the next couple of weeks and then discuss the time again. There would be workshops needed based on information that would be introduced in the next couple of weeks with regard to urban renewal. Perhaps the two workshops could be combined. The Country Village application will also be coming to Council on the 21 ". Councilman Wells noted that he believed there needed to be a workshop with Planning and Zoning which covers more than ex parte communication. This could possibly take several hours. Mayor Nancolas assured Council that he would talk with the Community Development Director and come back to the Council with a time. Councilwoman Ozuna stated that she was looking forward to attending the Chamber of Commerce Retreat and that she attended a block party before attending the Council Meeting. Councilman Langan participated in an open house for the St. Vincent Catholic Outreach on Saturday. (MAYOR'S COMMENTS) Mayor Nancolas updated the City Council on the following items: The City was officially awarded an invitation to attend the Mayor's Institute of Design which was a very selective process which not many cities in the west have been invited to; the assessment study regarding the Police Department would be available in the next couple of weeks; they were meeting tomorrow with Ken Harward and Larry Bledsoe; the Treasure Valley Partnership was moving forward which the Book 39 Page 209 City of Caldwell has taken the lead in and they appreciate Mark Hilty during this process; he would be attending the Caldwell Chamber of Commerce Retreat this weekend; he would be attending the Association of Idaho Cities Board Meeting; there would be a Mayor's Team in the Twenty -four Relay Challenge which would be raising money for the Caldwell Youth Coalition; and the Personnel Manual would be available soon and he hoped the City Council Members would take the time to read it. (ADJOURNMENT) Since there was no further business, it was MOVED by Evans, SECONDED by Gable that the City Council Meeting be adjourned at 9:40 p.m. MOTION CARRIED APPROVED AS ___ THIS _ y _. DAY OF September , 1998. B vt�, Ut �, . Mayor 4� OLn cil erson Co c p �G�tu ilpers Courtt 1person of cil erson Cbun(:M ers p p ATTEST: City Clefik —