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HomeMy WebLinkAbout1996-12-02city council minutesBook 37 REGULAR MEETING DECEMBER 2, 1996 7:30 P.M. The Meeting was called to order by Mayor Winder. 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: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Absent: none. (ADDITIONS OR DELETIONS TO THE AGENDA) Councilman Houchins MOVED that Item No. 3 under the Consent Calendar read approve rather than consider and Item No. 5, Informational memo with regard to acceptance of equipment bid for Headworks Project be moved down under New Business as 1A so the Council could discuss it_ SECONDED by Nancolas. Councilwoman Earl noted that she had a conflict of interest on Item No. 3 and would abstain from voting on the Consent Calendar. Roll call vote. Those voting yes: Houchins, Evans, Nancolas, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED .AUDIENCE PARTICIPATION Mayor Winder asked if there was anyone in the audience who cared to discuss with the Council any item that was not included on the prepared Agenda. Bill Spence, Gary Solomon, and Mike Johnson were recognized by the Mayor. Mr. Spence stated that they were appearing before the Council at this time with a proposal to build a quarter mile dirt race track -�kk 1`ity property that was out on the east side of cimplot Stadium. The property was bordered by Linden, the railroad tracks, and the Wilson Drain. A map of th- proposal was shown to the City Council and Mr. Spence explained how they intended to develop the track aijd the number of uses the track could provide. They intended to do the upkeep such as the mowing and watering. Their request to the City was permission to lease the land. He suggested that they could offer ten percent of the spectator gate to the City. The City Council discussed the proposal and explained to Mr. Spence that he would have to apply for a Special Use Permit to build the track, would need insurance. and bonding capability. Mayor Winder suggested that they prepare a proposal indicating how much land they wanted to use, how much they were willing to pay annually, who would maintain the facility, who provides the insurance, and the term of the lease. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the Council: Page 278 1. Dispense with the reading of the minutes of the Regular City Council Meeting of November 18, 1996, and approve as written; Book 37 Page 279 2. Approve the final plat for Beechwood Subdivision located between South Georgia Avenue and South Florida Avenue and between Cherry Street and Spruce Street; 3. Accept bid from Rocky Mountain Turf and Industrial Equipment for two lawn mowers for the Golf Courses; 4. Pass the following Resolution to authorize execution of an application for Federal Aviation Administration Grant; RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE FEDERAL AVIATION ADMINISTRATION. BE IT RESOLVED That the Mayor of the City of Caldwell, be and the same hereby is, authorized to execute an application for Federal Assistance Airport Improvement Program between the City of Caldwell and the Federal Aviation Administration for Airport Improvement Program, Project No. 3- 16- 0045 -09. S. Approve a Public Improvements Deferral Agreement with Steve Wood. MOVED by Houchins, SECONDED by Nancolas that the Consent Calendar be accepted as amended. Roll call vote. Those voting yes: Houchins, Evans, Nancolas, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 36 TO CREATE LOCAL IMPROVEMENT DISTRICT 96 -4 FOR THE ROSEWOOD SEWER) Mayor Winder explained that this was the time for the second reading for Bill No. 36 to create Local Improvement District 96 -4. Each of the City Council Members received a letter from the City Attorney, Richard Harris, informing them that the second reading of this Bill could not go forward due to a technicality. When we decided to add the LaVoy property to the L.I.D., we did not notice that to the public in the manner that was required by law. Therefore, we will simply allow the second reading to go by and the Bill will die. Under New Business, a Resolution of Intention to create the District will be considered. (THIRD READING OF BILL NO. 37 TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TENTH AVENUE AND USTICK ROAD) The Mayor stated that this was the time set for the third reading of Bill No. 37. The first reading of this Bill was held on November 4, 1996, and the second reading was held on November 18th. Mayor Winder read the Bill by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND WITHIN THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO C -1 (NEIGHBORHOOD COMMERCIAL) ; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE SAID PROPERTY AS C -1 ON THE OFFICIAL ZONING MAP AND REPEALING ALL LAWS, ORDINANCES, AND RESOLUTION IN CONFLICT HEREWITH. MOVED by Earl, SECONDED by Houchins that Bill No. 37 be passed and entitled Ordinance No. 2165. Book 37 Roll call vote. Those voting yes: Earl, Houchins, and Evans. Those voting no: Nancolas, Langan, and Wells. Absent and not voting: none. Since it was a tie vote, the Mayor broke the tie by voting yes. MOTION CARRIED NEW BUSINESS (CONSIDERATION OF AN EQUIPMENT BID FOR HEADWORKS PROJECT) The City Engineer, Mr. Law, informed the City Council that bids were opened that afternoon for some equipment items for the proposed Headworks Project at the Treatment Plant. The City's Consulting Engineers advised that the bids received were non - responsive and were much higher than the Engineer's estimate. We felt that probably the reason the bids were so high and so non - responsive was because of the short time frame in which to order the equipment. Frankly, the bids differed from their phone conversations with the Consultants by a substantial amount. Again, it was the Consultant recommendation that the bids be rejected and the Engineering Department would concur with that recommendation. Another invitation. for bid would be pursued later. Councilman Houchins asked if this delay would mean that we would miss the whole cycle because of the irrigation situation. Mr. •Law stated that within the time frame that was available to us, the suppliers apparently could not provide the equipment in that amount of time. They were not willing to accept the liquidated damage that go with failing to meet that deadline and so the bids were higher than they should have been. The Consultants and the Engineering Department agreed that it was better to wait another six months. MOVED by Houchins, SECONDED by Wells that all the bids with regard to the Headworks Project be rejected at this time. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, Langan, and wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Page 280 (CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF AN INITIATION PETITION FOR A BUSINESS IMPROVEMENT DISTRICT) Mayor Winder stated that this was the time established for consideration of a Resolution authorizing the execution of an Initiation Petition for a Business Improvement District. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INITIATION PETITION FOR -A BUSINESS IMPROVEMENT DISTRICT FOR THE CITY OF CALDWELL: BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, Idaho, be and the same hereby are, authorized to execute that certain Petition for a Business Improvement District for the City of Caldwell attached hereto and made a part hereof as if set forth in full. The Mayor reviewed his memo to the Council as follows: Book 37 The City of Caldwell is an owner of property located within the boundaries of the Business Improvement District which has been proposed by the Townsite Committee for our downtown. To bring a petition to the City Council requesting the City Council to establish the Business Improvement District, there must be more than fifty (50) percent of the property owners who sign the petition attached. I am requesting the City Council pass the Resolution authorizing the Mayor and City Clerk to execute the petition on behalf of the City of Caldwell. Our recent survey of Caldwell residents for Destination 20/20 revealed that more than 80 percent of our citizens want our downtown improved_ This provides the vehicle to fulfill those desires. Mayor Winder asked if any of the members of the Townsite Committee cared to comment regarding this matter. Tom Ronchetti, 111 Sunnyside, a Member of the Townsite Committee, spoke briefly to the Council giving them an update on their progress. If the City takes action on the Resolution tonight, it would allow the City of Caldwell to implement a Business Improvement District which would allow the business property owners in the District to tax themselves and those monies would be delegated by the District. There were many things that could be done with that money. The recent surveys have indicated that there was a need to do something to the downtown area and everyone needs to work together to accomplish that goal. Mayor Winder stated that they needed to clarify what the City's action would be tonight. The Council would not be endorsing a B.I.D., but would simply be saying that they were supportive of the effort and willing to sign a petition which would then come back to the City Council at a future date after the necessary signatures were acquired. The City would hold a Public Hearing and then make a determination as to whether the City Council will establish the B.I.D. Councilman Nancolas asked the City Attorney to clarify the status of the City's position regarding the B.I.D. The Attorney agreed that the status of the City's property was exempt, he believed that there was a provision that would permit or allow the City to contribute City General Funds to the District not necessarily related to the properties the City owns. Mr. Harris stated that he would have to research whether the number of properties that would have to sign would be less without the City property included. Also discussed was whether the City Council could commit future Councils to any kind of expenses which the City Attorney also stated he would have to research. Councilman Nancolas cited State Code as to what the Resolution should contain and the fact that only twenty -one percent of the property owners have signed the petition so far. Since the City could not use its property as a portion of that percentage, was it advisable to accept the petition at this time. The Mayor explained that this was not a proposal to initiate a Business Improvement District. It was simply a proposal to have the City's property included within the B.I.D. and that we do support the project. Once they acquire the fifty percent or better signatures, they then have to petition the City Council for a Public Hearing to establish the District. Mayor winder also discussed with Mr. Gigray whether a non - profit entity who will not pay taxes was allowed to sign an Initiation Petition for the Page 281 Book 37 Page 282 Business Improvement District. Mr. Gigray stated that it would be good for the Council, through the advice of the City Attorney, to determine whether or not its properties would be subject to assessment under this proposed District. In addition, he pointed out sections of the State Code that speak to the Business Improvement Districts. Mr. Gigray did note that non - profit entities and government subdivisions were two different things. Mayor Winder commented that the City's position has been and his position has been for a good many years, it should not be the City that does the redevelopment of the downtown. It should be the property owners. Since the City does own property in the downtown, should the City be involved. That was a determination that Council would have to make. Again, Mr. Gigray stated that he would prefer that the City Attorney be consulted and advise= the City Council. Councilman Nancolas stated that he did not want to hinder the smooth transition of a B.I.D. He just wanted to make sure that his questions were answered so it was done in a proper way. If the B.I.D. was what the downtown core wants to do and the signatures were completed, he would with open arms take a petition and start the process to get it through. The City Attorney noted that the question that needs to be determined was whether or not property owned by the City within that Business District would qualify as a business which could sign an Initiating Petition. This was the issue. He would research to get an answer. The Mayor stated that his recommendation to the City Council was that this matter be withdrawn for consideration at this time and moveed to the Agenda on the 16th of December. Councilman Houchins asked the Attorney if Council publicly endorses the petition, would they be jeopardizing their ability to sit in judgment at the Public Hearing. Mr. Harris stated that his preference would be that the Council stay neutral until he submits an opinion as to whether or not City property would qualify as a business for the initiating petition. The City Attorney also stated that endorsing the petition does not create a conflict of interest on the part of this Legislative Body to make a determination regarding a B.I.D. even if City property would be a part of it. After further discussion, the Mayor stated that the best thing for Council to do was not consider this matter in any way until the needed signatures were secured. He was saying this after hearing the Attorney's discussion on the matter. The City Attorney stated that he would have an answer as to whether the City property could be included before the preparation of the Agenda for the next meeting. (CONSIDER BILL NO. 43 TO AMEND THE CITY CODE WITH REGARD TO QUALIFICATIONS FOR LIQUOR, BEER, AND WINE LICENSES) Mayor Winder explained that this was the time set to consider Bill No. 43 to amend the City Code regarding qualifications for liquor, beer, and wine licenses. The Bill was read by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY DELETING CERTAIN LANGUAGE IN CHAPTER 6, ARTICLE 7, SECTION 13 PERTAINING TO QUALIFICATIONS OF LICENSEE: REPEALING ALL ORDINANCES, Book 37 RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor stated that the basic change was to delete the portion stating that they had to be a citizen of the United States to obtain a license. The State has already deleted this requirement so this was simply to conform with State Law. MOVED by Houchins, SECONDED by Earl to waive the rule requiring that a Bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Earl that Bill No. 43 be passed and entitled Ordinance No. 2171. Roll call vote. Those voting yes: Houchins, Evans, Earl, Nancolas, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Page 2 &3 (RESOLUTION OF INTENT FOR LOCAL IMPROVEMENT DISTRICT NO. 96 -2 KNOWN AS THE DENVER -ELGIN PAVING L.I.D. AND SET THE PUBLIC HEARING FOR DECEMBER 16, 1996) The Mayor read the title on the Resolution of Intent as follows: RESOLUTION OF INTENTION TO CONSTRUCT STREET, DRAINAGE AND IRRIGATION IMPROVEMENTS IN PORTIONS OF DENVER STREET, ELGIN STREET, THIRTEENTH AVENUE, FOURTEENTH AVENUE, SIXTEENTH AVENUE AND MICHIGAN AVENUE, TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT SAID IMPROVEMENTS, TO NAME SAID DISTRICT L.I.D. 96 -2, AND TO COMPLY IN ALL RESPECTS WITH SECTIONS 50 -1706 AND 50 -1707 OF THE IDAHO CODE. MOVED by Evans, SECONDED by Houchins that Resolution No. 73 -96 be passed and a Public Hearing be scheduled for December 16, 1996, at 7:30 p.m. during the Regular City Council Meeting. Roll call vote. Those voting yes: Evans, Earl, Nancolas, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION OF INTENTION FOR LOCAL IMPROVEMENT DISTRICT NO. 96 -4 - ROSEWOOD SEWER) Mayor Winder read the title of Resolution No. 74 -96 by title only as follows: RESOLUTION OF INTENTION TO CONSTRUCT SEWER IMPROVEMENTS IN TENTH AVENUE, (EASY STREET TO LUCKY WAY) , USTICK ROAD, (BRIAN AVENUE TO RAY AVENUE), EASY STREET (TENTH AVENUE TO RAY AVENUE) BRIAN AVENUE, (EASY STREET TO USTICK ROAD), DEWEY LANE {BRIAN AVENUE TO RAY AVENUE, AMBER STREET (TENTH AVENUE TO JEFFERSON SCHOOL), AND ROSS LANE (BRIAN AVENUE TO RAY AVENUE) , TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT SAID IMPROVEMENTS, TO NAME SAID DISTRICT L.I.D_ 96 -4, AND TO COMPLY IN ALL RESPECTS WITH SECTIONS 50 -1706 AND 50 -1707 OF THE IDAHO CODE. Book 37 Page 284 MOVED by Earl, SECONDED by Evans that the Resolution of Intention 74 -96 for Local Improvement District 96 -4 be passed and the Public Hearing set for December 16, 1996. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION OF INTENTION FOR LOCAL IMPROVEMENT DISTRICT NO. 96 -7 FOR TREE REMOVAL) Mayor Winder read Resolution No. 96 -7 by title only as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO REMOVE DEAD, DYING, DISEASED, OR HAZARDOUS TREES WITHIN SAID CITY AND REPLANTING THEREOF; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 96 -7 FOR CALDWELL, IDAHO, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITTED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL; AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Nancolas, SECONDED by Langan that the Resolution of Intention 75 -96 be passed for L.I.D. 96 -7 and the Public Hearing be set for December 16, 1996. Roll call vote. Those voting yes: Nancolas, Langan, Wells, Houchins, Evans, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FROM ICRMP FOR THE 1996 BALLOT FOR ELECTION OF ICRMP BOARD MEMBER) Mayor Winder explained that a ballot was sent to the City for the 1996 election of ICRMP Board Members. They have asked us to review the ballot and vote for one candidate and return the ballot to them. He stated that his recommendation would be for Council to recommend Carl Garrett as their choice. MOVED by Langan, SECONDED by Earl and the City submit their nomination of Carl Garrett, the incumbent to serve on the ICRMP Board. Roll call vote. Those voting yes: Langan, Wells, Houchins, Wells, Earl, and Nancolas. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Earl reported that the Finance Committee has reviewed current accounts payable in the amount of $268,918.41 for the period ended November 27, 1996, and a net payroll of $105,191.67 for the pay period ended November 23, 1996. MOVED by Earl, SECONDED by Langan that accounts payable in the amount of $268,918.41 represented by check numbers Book 37 Page 285 50249 through 50473 and payroll in the amount of $105,191.67 represented by check numbers 57154 through 57253 and direct deposit stub numbers 4604 through 4689 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Earl, Nancolas, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. (COMMITTEE REPORT) MOTION CARRIED Councilman Nancolas reported that he has been working very closely with the Airport Commission and he believed the Airport was one of the bright spots in the Community. Councilman Langan informed Council that the Finance Committee has scheduled a meeting with the Finance Director next week to fulfill their commitment to meet with her quarterly. Councilwoman Earl stated that the Agenda for their meeting with the Finance Director includes the Audit which was taking place at this time, prioritize the budget, manpower study, and set a time to start next year's budget. The Mayor commented that he has authorized the Police Chief to make application for COPS Funds. They were grant funds that provide for additional Police Officers and they assist in the salary for the first several years after which the City assumes the responsibility. Councilman Evans stated that he attended the November Planning and Zoning Commission Meeting. Mr. Evans also commented on the beautiful Christmas decorations and the atmosphere created. Councilman Wells reported that the Housing Authority was meeting this week. They have some plans to build a soccer field and get a team organized. (MAYOR'S COMMENTS) Mayor Winder informed Council that he received an invitation from the Board of Director's of the Land Trust of Treasure 'Walley for the City Council and Mayor to attend an informational meeting for potential board members and other interested persons. This was to be on December 10th at 7:00 p.m. at the Zilog Room at the Nampa Civic Center. The Mayor updated Council with regard to the Centennial Band. There was a possibility that they will be relocating and they need a new director. He was told that they may have found a location at Albertson College of Idaho. He commented with regard to the Caldwell Economic Development Council's annual breakfast which he believed was excellent with a lot of helpful information. A City Employee Meeting was held last week and they were informed of the health care moratorium. The ground breaking for the Boulevard was to be on December 6th at 11:30 a.m, at the corner of Cleveland and Homedale. There was also a luncheon at 12:15 p.m. Book 37 The next Regular City Council Meeting would be on December 16th. (ADJOURNMENT) MOVED by Evans, SECONDED by Earl that since there was no further business, the Meeting be adjourned at 8:45 p.m. Roll call vote. Those voting yes: Evans, Earl, Nancolas, Langan, Wells, and Houchins. Those voting no: non. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 16th DAY OF December , 1996. ATTEST: Mayor Councilper on Co r Councilperson Page 286 MGM r�