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HomeMy WebLinkAbout1992-10-19city council minutesBook 33 REGULAR MEETING October 19, 1992 7:30 p.m. Page 204 The Meeting was called to order by Mayor Dakan. The Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Nancolas, Simmons, Carpenter, Houchins, Raymond, and Ozuna. Absent: none. (ADDITIONS OR DELETIONS TO THE AGENDA) The Mayor requested permission from the City Council to delete Item No. 5 under New Business, the Contract Agreement with the Airport Manager. CONSENT CALENDAR The following items on the Consent Calendar were presented by the Mayor: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of October 5, 1992, and approve as written; 2. Accept the minutes of the Caldwell Mayor's Committee for the Employment of Persons with Disabilities and Older Workers Meeting of October 8, 1992, and September 24, 1992; the Airport Commission Meeting of October 1, 1992; and the Planning and Zoning Commission Meeting of August 27, 1992. MOVED by Nancolas, SECONDED by Houchins to accept the Consent Calendar as presented by the Mayor. Roll call vote. Those voting yes: Nancolas, Simmons, Carpenter, Houchins, Raymond, and Ozuna. Those voting no: none. Absent and and not voting: none. OLD BUSINESS MOTION CARRIED (THIRD READING OF BILL NO. 24 - INFRASTRUCTURE) Mayor Dakan stated that this was the time set for the third reading of Bill No. 24 pertaining to Infrastructure; however, there was some questions the City Council Members had on a change that was just presented today. It was his understanding that the Council preferred having some more time to study this change before taking action. Therefore, he would suggest that the item be tabled until the next City Council Meeting. MOVED by Houchins, SECONDED by Raymond to table the third reading on Bill No. 24 until the next Regular City Council Meeting. Roll call vote. Those voting yes: Houchins, Raymond, Ozuna, Nancolas, Simmons, and Carpenter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CLARIFICATION OF BUDGET REQUEST FOR RESTROOMS IN DOWNTOWN PARK) Mayor Dakan informed Council that this item was tabled at the October 5th Regular City Council Meeting. Representatives from Leadership Caldwell were present at this time to make a Book 33 205 P--l of e plan "or tlf downtC) park. Ter-i Ittens, Admini s 'C 7 ativ e / 7 erscnnC: 7- Officer reported tha.l. they tasat witty the and Contractor on the that - morning. Due Cc some cc witil, the soil, they have ha a aeJ.F_ with an.' ri . _cipate.<' completion da The City informed t1­_­Ti that they would be Unhappy if the -- p - roject I's not completer by ear spring_ The original completion date was Cc Marva Do' Card, representing - ` ,aders!,,J - p Caldw "; recc=ized the Mayor. tars. Card informed Council brat their 1 a n d s s a r r- h c- c t w a al so i ­ a t t e n 5 a z", c e an 0 u I d go through the conceptual drawJnc,, of the downto park_ The group was endorsing this concept -.1A ha6 a historical flair. Mrs, Card introduced Dan :3ulldell f,­ _cM Bec.'k and Baird, Lansca,pe Arc-.'tects - Boise. Mr. Sun proceeded 7­;th his =< L --senta of t he conc(=ptual drawing i^xDinting out the various possibi_'! ities FCr the - ,)Crk. He state6, that would 'nave a. _storic.�71 backaround 1 1 - h SMP7_ a 7 _� 01, ' ,.he pioneer wcm��­n, a :eater wheo1 was SiTggeSteC along i"with a u. �, shrll and grass. ­r. Sundeil made :Further sugges to enhance the area and encouraged, the CJ ty to take the 7 =AT S udy ser iously a7 it would have a definite iam act on (�owntowrn Caldwc-1-3. I Mrs. ward made some adc.itional comments informing Council that Leaders'l­.-_ Cal.cA7eli s:^,. this concep. with - Lne Historical Cc and 'Cher were vary enc:'C!usiastic about Lhe project. The, Commis .on sta that Caldwell, had a lot of hf'..story - C.'inat shou be s" Vrs. Car,cx fi_irt informed Coul.-..cil tha`fi Leadership Ca._'c.well v17LIs making presei7n-ations to the various service clubs. The cosL of the architect's wcrl was already assumed t- the Rctarians, The ­'_ as'-ced Mrs. Card if the -L gr oup has checked with thc-, - 1 - t State 1.ahwav Deoartmei to sea if they had a problem ., h the proj The reason fcr the that Elaine St was part c- the S`C,te H-J., " �ji way sys Mrs. Card stated iC`nat tha had nC but could dc Councilman Raymond also inquired as to whether the bus. would s port he fact t sev�eral parking places wou.".d be e7 iminatee1_ He also point ^d out that the wall was pri own(D and was concerned - ,ith the quality of the water. The d-isc ussion and quc-Qtions co.-. for some time. it was then MC`,/_-­D by Nalicolas, SECONDED by Ozuna that tine City make a ', Leade.- Caldwell 'k $30,000 that r budge. 2d spec­. for the park tc use as they see fit and $20,000 - 1 in � ;­� P S t, - e e t Deoartment be se aside for whatevel- infrastructure uses to ' thcA park f-evelopment, and t',­.at the vouchers mill cone thro�,.z�. - , the City of aldwell. r Ro call - ,lote. Those ,ic)ting yes: Nancolas, Simmons, chins, Raym=5 ., and Cz Those voi,J..ng no. none. Absent and not -, , - oting: none, NEW BUSTN" MOTION CARR. (SET SPEC�� MEETING FOR OCITOBER 26TH, 2T NOON, R-EGARDINC, THE BONDING ORDIERNCE FOR Mayo:,.­ Daka request,ed, the City CQ-jT'cil se- a Special CJJ1­ Counc-'_1 Meet_` -.~ for October 26th at The purposc- of the meetinc, il."as to consider the Bon.d.-ing Ordinance for L.I,D- 92-1 F• well sett the _.M rate. The Mayor also stated thet the Council would :Dave a. -, 1.7ork session `Lmmedia"l fol _C) t Specia-1 Meeti_,,g. Book 33 Page 206 MOVED by Carpenter, SECONDED by Raymond that a Special City Council Meeting be scheduled for Noon on October 26th for the purpose of considering the Bonding Ordinance for L.I.D.92 -1 and setting the interest rate. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BILL NO. 32 - SET AUCTION FOR CITY SURPLUS PROPERTY LOCATED AT 411 CHICAGO FOR DECEMBER 21, 1992) The Mayor explained that the City entered into a HUD Rehab Loan on 411 Chicago. The loan terms required repayment of $11,132.00 upon sale of the home or death of the owner. The owner died last year with no heirs. Because of back taxes, the house went up for tax sale and the City received ownership. The Staff was now asking the Council to declare the home surplus property and set an auction for its sale. Bill No. 32, in accordance with State Law, sets an auction for 60 days away, or the December 21st meeting. Mayor Dakan read Bill No. 32 in full as follows: AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, THAT THE MAYOR AND THE CITY COUNCIL INTEND TO SELL THE FOLLOWING DESCRIBED REAL PROPERTY OWNED BY THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; AND WHICH SAID PROPERTY IS SITUATED IN CANYON COUNTY, IDAHO; THAT SAID SALE IS MADE UNDER THE PROVISIONS OF TITLE 50, CHAPTER 14, IDAHO CODE; THAT SAID SALE OF SAID PROPERTY SHALL BE AT PUBLIC AUCTION AND SHALL BE SOLD TO THE HIGHEST BIDDER AND THAT NO BID SHALL BE ACCEPTED FOR LESS THAN THE APRAISED VALUE; SAID PROPERTY BEING DESCRIBED AS FOLLOWS: All that certain lot, piece or parcel of land situated in the City of Caldwell, County of Canyon, and State of Idaho, bounded and described as follows: Lots 5 and 6 in Block 4 of GOLDEN GATE ADDITION TO CALDWELL, IDAHO, according to the official plat thereof, filed in Book 2 of Plats at Page 78, records of Canyon County, Idaho, known as 411 Chicago. BE IT ORDAINED AND ESTABLISHED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL,CANYON COUNTY, IDAHO: Section 1. That the Mayor and Council of the City of Caldwell, Idaho, hereby intend to sell at public auction the previously described real property situated within Canyon County, Idaho. Section 2. That the ordinance for the sale of said above described real property will be considered under a suspension of the requirements that an ordinance be read on three different days at a meeting of the Council of the City of Caldwell, Idaho, and that a Public Hearing and auction will be held on the 21st day of December, 1992, at the hour of seven thirty (7:30) p.m. at the Council Chambers in the City Hall in the City of Caldwell, Idaho, when and where, or prior to said date, any citizen of the City of Caldwell, Idaho, or any number of citizens may express dissatisfaction with question of whether or not the real property shall be sold. Section 3. The said above described property shall be sold at a public auction to the highest bidder and no bid shall be accepted for less than the appraised price and the Book 33 F a - e l'07 City 47ouncil :ray reject any a7.-,d all bids. Sec`.:.on 4. Notice -,)' the 1"oregoing, wi 11 be given to all c - ', - -.-.zens o:`_ City v the City of Ca.`. 11. in , two issues thereof pub the local ne on Deceniter 2nd and 9th, 1992, MOVED bV Nancclas, SECONDED b­ Dzuna - to waive the rule ring that a be rC3ad at Three separate ti Roll call vo t e. T_r..ose voting yes. Nancolas, Simmons, 3lr_�%rmond, and Ozui.)a. Those votin.- no: n one . .'�­sent ai­U not voting: - m.one. MOTION CARRIED MOVED Nanco.las, S b -, X , Ozun-q that Bill No. 32 be passed an entitled - IS't�3 after the one reading,. in fu.:.. . Roll ­11 Vc T`>_ vot- yes: Naricolas, Simmons, Ozuna. Those voting no: no e. Ab, and not vc nc. r e MOTION CARRIED (FINAL PLAT R CAN HILL METER_1_F SUBDI` --I 'i _S TON) At he recj�2est of '. Mayor, the DireCl:or ey,P.lained that this site is located c_Ff Ncrt, Illino'.S in Canyon Hi.- Cemete_­v. The Applicant is t'ho City —, of Cald7 ".) o from ail e ,? deve per is xempt subdiv. imfrrovemcrt regulations as set out in the Subdivis`.on Orol `oat is - .fccr . uired to plat :i_n conformance with state Law. he Appli cant , cant prc7Doses to subd'vJde this parcel into 142 cemeter-1.7 lots The _�-J.nnning F.nd Zon Commission granted and final J.1:3.at approval for this applicat: :_(',n on Oc.1 19, 1992, MOVE::- by Raymond, SECONDED l b - y Houch..tns to approve the final. plat f­_) Canyon. Hill Cemetery S call -, ,17 . ote. Z]i-:. vot..�_ng yes: Raymond, Ozuna, Nanco]as, Sinuamo .s, Cai­renter, and Hou.chins. Those voting no nonr.. Absen'. and nc'- voting, none , MOTION CARP.-ED (AGREEME') WITH _, IRRIGATION DIST ICT) The Mayc,� statec'.1' that t'l-,e next J.t. °m under New Business the iDl - -greeme; , ,�.7 with Latc--_; Irrigation District. This was - out ii-110 form ',lq the C:�_'�y Attc and if Council agrees that `1­his agr r. " City and the new district, would r, app-rop-ri . -ate prescn it to the Lateral Irrigation District Board of Direc for t'ieir action and bring back to the City The C- At 'Mr. Gigr, was -­��-qustecd to present som info-_ �� ­,1,�. P to this a-V iaropcsed Agreement. Mr. Gigray eHplaine that he prc,Dared a Joint- Exercise in Power Acs eemer,'u for the �ranslo,. of ass2,­_s, from the City of Cald� to the Ca- - dwell ".rrigaIC.;-on Latr_ral District for their cons_. Mr. G'igray - i_u_rther ac­�; Council that it was necessary that an agre be entered into to? the transfer of ass&, - . because of tl nositio,n the I�flaho Supreme Court has ha` with :-cgard to the of - _ - iiylnicipalities. That is, they ha,, the po - ,­ers granted to them by the legislature and it is kind r-. rest about what autincrity cities have to act. In partic�ular J.nstance, we are deal.ing wiltlr. the of a mur :. system. The fdaho Lanz has a lot of as to now to form one and ho"'j to Book 33 Page 208 operate one, but has no provisions about dissolutionment or the transfer of any assets that might be carryover assets or accumulated assets of the municipal irrigation system. Mr. Gigray also stated that he could not find a law that specifically addresses this point anywhere else in the Idaho Code. At the same point, he did believe that there was statutory authority in the sections around where the joint exercise of power agreement is presented. One provides for the transfer of assets from one government unit to another_ Another statute is the joint exercise of power agreement which provides for entering into an agreement by two government entities that could be serving the same function. This would be a joint exercise of power agreement for a very limited purpose and that is to effectuate the transfer of assets. The agreement placed before the Council at this time is a draft. Mr. Gigray further stated that his recommendation was that the City, the Irrigation Lateral District be parties to the agreement. It was also his recommendation that Pioneer Irrigation District consent to the agreement although they do not necessarily have to be a party to the agreement. Since the Caldwell Municipal Irrigation System was created out of and as always been a part of the Pioneer Irrigation District and remains so even after giving notice of intent not to continue the contract and remains so until the Lateral District was formed. Because of the way Idaho Law operates as it relates to when cities enter into contracts as we did with Pioneer Irrigation District, it is prudent and important that they consent to this agreement. Mr. Gigray continued stating that the next section of the agreement deals with recitals. This states the history as to why the City was entering into this agreement. It explains that the City formed a municipal irrigation system and did enter into a contract with Pioneer Irrigation District, did levy upon lots and parcels within the municipal system for sums of monies for the expenses of the maintenance, operation, extension and improvement of that district. That the City has engaged in the maintenance and improvement of the system; that it was dissolved pursuant to the act of the City as a result of the vote that was held last November, 1991; that we now have a new Lateral Irrigation District which has been formed for the purpose of continuing the maintenance, operation and etc. of that system and that was necessary to be sure that would continue; and that there has been a request for the transfer of assets from the City by the Lateral Irrigation District for these purposes; that it is necessary that the City do and have an accounting to be done so the funds can be identified which are carryover funds of the Municipal Irrigation System which are funds derived from the levy and assessments upon the parcels served by the district. Also, the agreement in the recitals portion also discusses that the City shall seek a judicial determination ultimately of the legality of the transfer of the assets pursuant to the Judicial Confirmation which the Idaho Law provides for to provide finality with regard to certain transactions so that it can be ultimately determined by order of court and if that is entered and not appealed that this transfer is, in fact, legal and would be supported by court order which would provide finality to the transaction. The agreement is also structured so that we can amend the agreement by when the final determination for the transfer of assets is made by simply putting an addendum to this agreement. It also provides for the advancement of funds short of having a judicial determination completed to the Lateral Irrigation District upon their request. This particular agreement proposes $44,409.00 which was the figure provided to him; provides for the transfer of equipment which would be listed; shall cause an audit to be completed to identify the carryover funds; the City will propose a final transfer of assets to the Lateral Irrigation District once that audit has been completed and the City has made its determination as to what funds should be transferred over. This is an agreement which takes Book 33 Nge 209 two parties to agree- .Fay. important part of this procedure is whether tAe Board of Directors of the Lateral irrigation District agree to the terms and conditions of the Agreement and would ultimately agree to the terms and conditions of a final 6etermination. This Ag= does not require them to agree - cc) a final determination. The Lateral Irrigation District shall purchase a bond, the expense of which can be charged agai the funds herein being transferred. The bo shall be in as amount fixed b, the Board of Directors of the Lateral irrigation Dist Act and - ,'-t shall be in an amount. equal to the amount of the funds being transferred. The City AtU=ney continued stating ,hat the next section was with regard to Mutual Covenants. This portion pertains to covenants that apply to toth parties in terms of performance. The reason for this part of the Agreement is that the Idaho Law states that in order to get a judicial confirmation, we need to have the agreement st-ructured as a joint ey.ercise o:, power agreement because there is reference in t Code direct: '�-- to 10e joint exerci of 1 an d it dossn't reference the section which talks about transfer from one go-, -nit to another. Mr. GAgray completed his stating that the Agreement sets out hcvQ the transfer of monies is to be accomplished. The final transfer of the assets must be ccn , tinted t by Pioneer !=--cfation District. Attached to tha Agreement is a consent,- form for Pio to sign. The statutes also afrect that both government entities have to publish consecutively two weeks in the newspaper. His opinion was th t this applies 'to both government entities and +,here was no reason why they couldn't both advertise simultaneously in one noti - The one not-J.ce would simple specify when tne City's, meeting is and following the testimony at the hearing, the Agreemen can be adopted by Resc _ which would effectuate the initial transfer. Then, he :'could kno-,r the structure of the Agreement and could go to the court and initiate the judicial confirmation proceedings before the final distrib tlon. There was come additional discussion and questions from the City Council and members of t h e Board for the Caldwell Irrigction Lateral District. The Mayor stated that ha would entertain a mct.ion per nining zc this joint Exercise o_r Power Agreement for the transfer of asss`::s to t,­,.e Lateral Irrigation District for their approval. After their execution, the Agropment would be returne6 to the City Council for their apprc� :al. At the request of Councilman Ozuna, the Adz inistrat ive/Per sonnel Officer 'elaborated,, on hoc the figure for the traasfer of assets was c:eterminsd. Mrs Otte explained that the Lateral request was one-third of their budget. The Staff went back to the City's actual operating budget from last year an divide that into quar`, The Mayor further commented that if the process moves right along, they cculd have all of the assets before the $44,000 has been expend- ^d. The City Attorney stated that if there was a need for an odvance , ,ent, the , _z[greemcnt was structuro ,_, to provide for that. Mr. Gigray also informed Council that it was Icudent to follc-.r the steps as in hot only from tha City's standpo-int, but also from the new district's standpoint -o thcia will be no Twstion that 2_t has been dcn: in accordancs with Idaho Law. If what has been discussed at this tims can be worked cut, we can mo forward with t.no- proce. ,s with all due speed. With regard tc the publication of the hearing. the Attorney his concern - ,, , as whether the 7.,ateral irrigatmn District was in agreement. it was his suggestion t if `,7..oy do agree, ZL Special C-',.ty Council Meeti-cig cou.'_c be called. Again, Mr. Gigray said that he thought it could be done in one notice, both for the City and for the Lateral Book 33 Page 210 Irrigation District. Further, it was his advice for the City to immediately send the agreement to Pioneer Irrigation District for review by their attorney. The Council agreed that this item would be placed on the Agenda for the Special City Council Meeting on October 26th at Noon. The purpose of it being an item on the Agenda was to set a hearing time so that the advertising can be accomplished. This would give everyone a week to work with the Lateral Irrigation people to determine what their concerns were and changes made if necessary. MOVED by Carpenter, SECONDED by Nancolas that we give our preliminary agreement as a Council to this draft of the Joint Exercise of Power Agreement including the name change correction and the other two code corrections that the Attorney would like to add and forward it to the Caldwell Irrigation Lateral District for their approval. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CALDWELL DEVELOPMENT BLOCK GRANT APPLICATION - TURNING POINT) Administrative /Personnel Officer reported to the Mayor and Council that Mr. Bush intended to be present at this time to discuss the grant with them. Since he was not in attendance, she would recommend that the City Council table this item until the next Regular City Council Meeting. MOVED by Raymond, SECONDED by Houchins that the Caldwell Development Block Grant Application for Turning Point be tabled until the next Regular City Council Meeting. Roll call vote. Those voting yes: Raymond, Ozuna, Nancolas, Simmons, Carpenter, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilperson Carpenter reported that there was currently accounts payable in the amount of $179,855.13 and a payroll of $159,932.00 for the two weeks ended October 16, 1992. MOVED by Carpenter, SECONDED by Houchins that the accounts payable in the amount of $179,855.13 represented by checks number 27132 through 27319 and payroll for the amount of $159,932.00 represented by checks number 40625 through 40825 be accepted, the bills paid, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Carpenter, Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those voting no: none. Absent and not voting: none. (AUDIENCE PARTICIPATION) MOTION CARRIED The Mayor asked if there was anyone in the audience who cared to address the City Council at this time. Monte Munn, 1510 Dearborn Street, was recognized by the Mayor and spoke briefly regarding dissolving the Caldwell Municipal Irrigation District and the problems involved in the transfer of assets to the Caldwell Irrigation Lateral District. The Mayor responded to Mr. Munn's comments. This tape will be Book 33 Page 21 1. held In the �`fice of the Cler] - For si_-� months and will be ava "' - .- able for anyon carinc to listen to it.. In addi to Munn, the Ma also recogn.Lzed Sh.l. ley Crc Iay, DJ_c7 Cro and Wayne :'upper, ;-ho spc' _'a to Coune.'I with - . - egard to this Raymo---d sta'­�.ca that ", thought perhaps the. City Co a mis'_ in nvember of 1991- Council votcI to tur'.c over t ­e assc-L to th,;nt new bcard an _ he bel-ieved that what ­-7..a acticn shou. have 'Onan was L" r -­� e U'l �-- the I n ass ets t o a�;se S �L the district to the pa",:rons C `he district at that and !- ^t the -2-w bcarl�' star',. on own. Raymond coiv. =- fu - , 7 .'j - .h reg;_=d to the t­I.-�-,.-_,asfer 4: func., and - : - ,he Pro.- - __,,volveO n this - , - nattei- (COMMTTTEE Cc1_'ncilwcn-,an Carp,­nter s she did not have a ccr t re, tort, but would like to comment -, ." -- th reo --d to tho,' irricG.`_ion issue and: t fact: that s �.e was really 1 1 - ind c E.shamc-, of the <Liay this -xhole thing is C,',-)king place. She was .1, cf the 7istrict and wa abscl c i�Lcly ill over t' way a �Datro­ S, th�� City CDuncil nas taken abuse ever th:' - s Mrs. Carp e_s� t er conce.rns stall t t M-he pet L acticns br ie y e sed he a h and did not se. - uve the City and she -m-ould that everyone would tIry to - ,, , ork together. Co T�ouchl"Y repo=_ed tha he at t -e Businsss After= Hours sconsorec' by the hospital, also attendccI the open house for T - I __,2rnal ' and ­� Council Vall Medic�!. Cente.? was h�,7 -,4 - ng an open nc on November 19th. Councilman Cz-.1na info; , Co tna`Ul he the - -',arks and Recrea- Boa - d Meet-L- on where - they discussed their fall and win programs. NancolFs noted to the Council . a letter - v, , as rece ,red frc.- the gentleman came to Ca lc . to - Gem cc.7muni­,_`es. He complimented lcltae staff, Mayo-, and everyc.ne who ha-d any" coling to do with the in'uerview_ As everyone ;,nlows, tha City of Caldw ell was granted Commu­ 'ty S t a `._, -, -I s . Counc:�_ Na. also weiccmed Ln­ Simmons as - " - -- , - )e new members .�.F the Council. ( ADJOURN_ _,1 MOVED -,_l% Nanco- - -as, SECONDED b Houchirc, that since t was no furthe business, tI meetin( be adInurned e,� 9:10 . 7 Ro"...L call Note. Those - �,oting Nancolas, Simmoi Carpenter, '.­­ Raymond, and Cz Those vc­__9.ng no- none. Absent a not ✓oting: none. MO FIONT CARR__']D APPROVED Councilpe Council CouncilDz: ATTEST: th day of Mayor 'Councilpc�rson C: Cle-`k 1992.