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HomeMy WebLinkAbout2003-11-03city council minutesREGULAR MEETING NOVEMBER 3, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor asked that everyone stand 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 Callsen. Absent: none. SPECIAL PRESENTATIONS Councilman Dakan recognized the Lady Cougars Soccer Team who just got back from State. They lost by one goal in each of the two games they played. They upheld the honor of the City and school very well. The Mayor offered his congratulations to the high school and thanked them for representing the city in so many different areas. Jane Worley, government teacher at Caldwell High School, introduced herself and her government students introduced themselves. The Mayor welcomed students to ask questions throughout the meeting. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to remove #12 on the Consent Calendar from consideration this evening and place it on the next regular city council meeting's agenda. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Blacker, SECONDED by Callsen to approve the Agenda as amended. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED 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 October 20, 2003 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Industrial Airport Commission held on October 14, 2003; 3. Approve Caldwell City Council Meetings for January through December 2004; 4. Approve Resolution No. 113 -03 authorizing execution of an Airport Tenant Agreement with Dennis M. Coombs; 5. Approve Resolution No. 114 -03 authorizing execution of a Right -of -Way Contract and accept an Easement Deed with John C. and Jackie Ann Roe: 6. Approve Resolution No. 115 -03 authorizing execution of four Crossing Agreements with Pioneer Irrigation District; 7. Approve Resolution No. 116 -03 accepting the dedication of sewer main and water main in Milagro Subdivision by Providence Development Group, LLC; 8. Approve Resolution No. 117 -03 adopting the list of projects attached to the document titled "City of Caldwell — Existing and Proposed Transportation Improvement Program (TIP)"; 9. Approve Resolution No. 118 -03 of Intention to form LID 03 -03 for construction of sanitary sewer improvements for Ross Lane, a part of the Rosewood Subdivision and set a Public Hearing date of December 1, 2003; 10. Approve request by CCOA for consideration of $3,818.00 from contingency fund to provide for sales tax, insurance, title, and registration for the new senior van; 11. Approve request by Caldwell Senior Citizens Center to remodel Pool Room and Activity Room at the facility. MOVED by Dakan, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 30 [ORDINANCE NO. 24831 REGARDING AMENDMENT TO LANGUAGE IN LANDSCAPING ORDINANCE NO. 1451, SECTION 10- 07 -08C, WAIVE THE THREE READING PROCESS, PASS ON THE FIRST READING AND APPROVE FOR PUBLICATION) The Mayor explained that a public hearing was held at the last regularly scheduled City Council meeting and the Council made Findings of Fact, Conclusions of Law, and an Order of Decision regarding this item and approved that this bill should be amended. The Mayor read Bill No. 30 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: AMENDMENTS TO ARTICLE 7, SECTION 10 -07- 08, LANDSCAPE, SUBSECTION C, BY ADDING CERTAIN LANGUAGE AND DELETING CERTAIN LANGUAGE, WHICH WOULD EXPAND THE PLACEMENT OF A COMMERCIAL SUBDIVISIONS STREET BUFFER LANDSCAPE AREA INTO A PERMANENT EASEMENT, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Dakan, SECONDED by Blacker to waive the three - reading process and pass Bill No. 30 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 30, move for its passage and approve for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (REQUEST FROM THE ASSOCIATION OF IDAHO CITIES TO ACCEPT THE OFFER FOR A PROMISE FELLOW VOLUNTEER TO ASSIST THE CITY WITH THEIR EFFORTS FOR YOUTH COMMUNITY INVOLVEMENT) The Mayor explained that the City has received recognition for its efforts to involve the youth in the government process and the formation and accomplishments of the Mayor's Youth Advisory Council. Caldwell has become a kind of model city for the Association of Idaho Cities on youth involvement. An offer was made to the City, which is normally a competitive selection process. There are eight Promise Fellow Volunteers available in the state of Idaho to 201 cities. The reason it is before the Council is because there is a financial commitment that goes with it. There are 1,750 hours that this Promise Fellow gives to the community. Specifically, they act as a resource to and help to the Mayor's Youth Advisory Council and the many projects they are doing. The grant pays for a majority of those hours, however, there is a match required of $3,750 in order to get that Promise Fellow. The $3,750 would have to come out of the community relation's fund and that also requires a desk for the Promise Fellow in one of the City buildings. Mandy DeCastro would be the person available through the Association of Idaho Cities. This offer was made just a week ago. Councilman Wells asked about how the in -kind contribution fits in. The Mayor stated that the in -kind is considered the office space and allowing them to be housed in a City office. The hard match is the $3,750 dollars. Wells asked if there was office space available for this. The Mayor stated that they could accommodate that in the City Hall building. This is a temporary position that would end at the end of the fiscal year. This would probably be the last year of the Promise Fellows program because of budget cuts at the federal level. Councilman Hopper asked if there were specific duties that were planned for this volunteer or were there things that would be developed later. The Mayor answered that, initially, they would help with the Mayor's Youth Advisory Council and act as an adult supervisor to that council. They would also help with the City of Promise application that the City is going through right now. That is about a 40 -page document that requires a lot of research. The Promise Fellow would also be able to help with school programs. Councilman Wells clarified that for $3,750 the City would receive an individual to help coordinate youth activities. He stated that that sounds like a bargain. The Mayor stated that there are a number of people who have already applied for the position as Promise Fellow and the City is able to choose their own Fellow. There would be an interview process also. MOVED by Hopper, SECONDED by Callsen to approve the application for a Promise Fellow Volunteer and approve the funding in -kind and monetarily to assist with the program. The Mayor noted that the youth are a valuable resource to the community and because there is already such a great council in place that is actively working, this will only help to take it to the next level. The City also just recently received a grant for $4,999 through the Generation of the Child to help mentor the McCall Mayor's Youth Advisory Council. That would also bean extension of what this Promise Fellow would help the City do. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON CONFIRMATION OF ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 03 -01 FOR STREET, DRAINAGE, AND SEWER IMPROVEMENTS TO 41 AVENUE AND 150 FEET OF DEARBORN AVENUE) Gordon Law, City Engineer, 621 Cleveland Blvd., gave the staff report. The Local Improvement District was formed in May of this year for the construction of street improvements on 41" Avenue and a small portion of Dearborn Avenue. The street improvements also include a small amount of sewer improvements. The total costs of the improvements in the LID are $73,924 and the participants in the LID are asked to pay $63,580 in reimbursement to the City. The $10,343 difference was provided by the Caldwell East Urban Renewal Agency for certain items that were not directly related to the needs of the participants but would benefit other parties in the area Law stated that the purpose of the meeting tonight is to hear protest for or against the proposed assessments. There are four participants on this LID. The Mayor asked if this amount is less than what was anticipated at the beginning of the LID. Law stated that he thinks it was less. MOVED by Ozuna, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 31 [ORDINANCE NO. 24841 TO CONFIRM THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 03 -01) The Mayor read Bill No. 31 by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 03 -01 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 Callsen, SECONDED by Blacker to waive the rule requiring that a Bill be read at three separate times and pass the Ordinance on its first reading. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to sponsor Bill No. 31 and move for its passage. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (DECLARATION PURSUANT TO IDAHO CODE 50 -1402 OF INTENT TO SELL CITY -OWNED PROPERTY LOCATED AT 315 N. 5 TH AVENUE, CALDWELL, IDAHO) Mark Hilty, City Attorney, 1303 — 12"' Avenue Road, Nampa, gave staff report. He noted that staff came before Council on September 22, 2003 to consider selling this property, known as the PAL Center. There was discussion at that time as to how to obtain an estimate of the value of that property. There were two things that were considered. One was obtaining formal appraisal and the other was obtaining some comparative market analysis from realtors. Hilty stated that he has received the analysis back from three local realtors. He noted that this is not a Public Hearing but simply a business item for discussion to try to determine a reasonable sale price for that property. Hilty submitted the three analysis he had received to Council. Hilty noted that the assessment of value from Gunstream Commercial Real Estate was $32,000. The assessment from Silverhawk Reality was $24,500. Hilty noted that he has additional information from Silverhawk on the comparable items he used in making this conclusion. The assessment from Prudential- Jenson Real Estate was $35,000. They also included parameters for calculating that number. Each of the realtors seem to be dealing with a valuation where they can give a relatively high probability of sale within 90 days. Hilty stated that he calculated the middle point of these values to be $29,750 and the average of all three numbers is $30,500. Hilty stated that the Council needs to consider whether the property is unused or underutilized by the City and if so, if it is in the best interest to sell the property and to set the minimum price. That information will go into public notice, which will be published in the newspaper, and then there will be a Public Hearing on the matter for public input. Then there will be a final decision whether to put the property on the market or hold it for sale. If it is decided to do that, after the public hearing, it will first be offered for public auction for the minimum bid. If there are no bids received at least in the value of the minimum valuation, then Idaho law indicates that the Council is free to do what they want in terms of marketing and selling the property. Councilman Wells stated that they have gone through this before. He noted that items one through three on the staff report have already been discussed. He stated that he feels the minimum bid price for auction should be about $30,000. Councilman Hopper asked if there is any chance that this property might be a leverageable item or an item of interest in the process of acquiring properties for the Indian Creek corridor or providing relocation benefits for a business that might be affected by the Indian Creek project. The Mayor noted that it was determined by staff that it was more expensive to bring the building up to code than to actually tear it down and start over again. The property has value but the building does not. Councilman Wells stated that there is going to be a meeting with the downtown people where they could get a good sense of where that may be going. He suggested postponing it to the next City Council meeting. Hilty suggested that Dennis Cannon and Larry Rinkover would be the ones to weigh in on this issue on whether it has some utility for the City for relocation purposes. Hilty stated that he could have them do a report or come to the hearing and consider it. Councilman Dakan asked if they could earmark the sale of that property for relocation on the Indian Creek corridor. Hilty answered that the City would be allowed to use the funds for anything. The Mayor stated that the funds would go into the General Fund, which the City Council has discretion on. Councilman Hopper suggested postponing this item until after the meeting with the downtown people and then see if there is some value as a swapped property. That way the City won't miss out on an opportunity where it would make a difference. MOVED by Hopper, SECONDED by Callsen to move ahead with the process and to set the value of the property at $30,000. Councilman Wells stated that he is afraid of getting ahead of things by saying the property is for sale when it possibly may not end up being sold. Hilty stated that the Council is not yet authorized to offer the property for sale because the City is required to take public input first. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PURSUANT TO IDAHO STATE CODE 50 -467, THE MAYOR AND COUNCIL SHALL MEET IN A SPECIAL COUNCIL MEETING AT 12:00 NOON ON THURSDAY, NOVEMBER 6, 2003 IN THE MEETING ROOM UPSTAIRS IN CITY HALL FOR THE PURPOSE OF CANVASSING THE VOTES OF THE ELECTION HELD ON NOVEMBER 4, 2003) MOVED by Wells, SECONDED by Blacker that pursuant to Idaho State Code 50 -467, the Council shall meet in a Special Council Meeting at 12:00 noon on Thursday, November 6, 2003 in the meeting room upstairs in City Hall for the purpose of canvassing the votes of the election. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $886,257.79 for the period ending October 30, 2003 and a net payroll of $213,179.11 for the pay period ending October 18, 2003. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $886,257.79 represented by check numbers 17294 through 17552 and the total payroll for the amount of $213,179.11 represented by check numbers 3673 through 3830 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan reported that Meals on Wheels had a good breakfast and made money for fundraising for the Senior Center. Councilman Hopper noted that he would not be at the Council Meeting on November 17 He will be representing the City at the Partnership Conference in Los Angeles where they will talk about the Indian Creek project and other partnerships. (MAYOR'S COMMENTS) The Association of Idaho Cities Board Meeting was on Friday, October 24 in Boise. There are many legislative issues to be aware of. One of the main issues raised was water rights. Also there is the issue of the 911 fund and how those monies are distributed. Another issue is the challenge to the city's authority to annex property. The legislature will be facing the issue of budget and that will take a lot of their time. The Halloween Party at O'Connor was a huge success. The Mayor thanked those involved. The Energy Conference begins Wednesday evening. 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