MAY 11, 2010 CITY COUNCIL MEETING

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1 City of Wilder 219 Third Street, P.O. Box 687 Wilder, Idaho (208) Fax: (208) MAY 11, 2010 CITY COUNCIL MEETING TUESDAY - 6:00 P.M. Meeting will be held at: Paramedics Meeting Room th Street Wilder, Idaho NOTICE: Copies of all agenda materials are available for public review in the Office of the City Clerk. You may call or the City Clerk at for additional information on any item. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at at least forty-eight (48) hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. City Council Meeting Minutes May 11, 2010 Page # 1

2 ~ AGENDA ~ City of Wilder May 11, 2010 City Council Meeting 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE OF ALLEGIANCE: 4. ACCEPT OR AMEND AGENDA: Agenda Posting Report by City Clerk 5. APPROVE MINUTES: April 13, 2010 Regular City Council Minutes 6. CITIZENS APPLICATIONS, PETITIONS, REPORTS OR REQUESTS: A) Mitch Keister, Health & Welfare / No smoking in City Park within 25 of play ground B) Debbie Harris / American Cancer Society Relay for Life. C) Greg Owens / Policy for Paramedics Meeting Room and keys. Draft Resolution / Policy for use of Paramedics Meeting Room D) Sundowner, Inc. / Request to reduce Wilder s Sewer Hookup Fees 7. PUBLIC HEARINGS: 8. REPORTS: A) Chief of Police Dusty Tveidt B) Pharmer Engineering, Sewer Bond Project Report C) Craig Lane, Public Works Director D) Paul Stevens, P.E., City Engineer E) Lori Church, Wilder Economic Development 1) Economic Dev. Grant & LID Information Report 9. OLD BUSINESS: A) Appoint Wilder Economic Development Council Board Members. B) Craig Lane / Recommendation on Planning Functional Classifications Maps. COMPASS 2030 Planning Functional Classification Map and Communities in Motion Resolution. Map from Golden Gate Highway District Canyon County Planning Functional Classification Map. Resolution to adopt one of the Planning Functional Classification Maps. City Council Meeting Minutes May 11, 2010 Page # 2

3 10. NEW BUSINESS: A) Set Public Hearing / Bill #B Zoning Amendment to Title 9, Chapter 13, Section 7 of Wilder Municipal Code. B) Approve funding Western Alliance for Economic Development for 2011, 2012 and 2013 for $1, annually, subject to availability of funds and approval of City Budget. C) Canyon County Development Services / Proposed amendments to the City Impact Area, Joint Exercise of Power Agreement. County Public Hearing: Thursday, May 20, 2010, at 7:00 P.M., Public Meeting Room at Canyon County Courthouse. Need written comments from City of Wilder. D) City Attorney Gigray / Advice on new legislation, House Bill #421, concerning award of Attorney Fees in Quasi-Judicial Proceedings. Draft Resolution / City of Wilder Attorney Fees and Costs Policy 11. ORDINANCES and RESOLUTIONS: 12. APPROVE ACCOUNTS PAYABLE BILLS: 13. REPORTS: A) City Attorney, Wm. F. Gigray, III B) City Clerk/Treasurer, Colleen Cook C) City Council Members D) Mayor John F. Bechtel 14. MONTHLY FINANCIAL REPORTS: A) April 30, 2010 Financial Statements & Investment Reports 15. ADJOURNMENT TOUR OF NEW SEWER LAGOON PROJECT Posted :00 A.M. at City Hall, Wilder Post Office & Wilder Market City of City Council Meeting Minutes May 11, 2010 Page # 3

4 CITY COUNCIL MINUTES May 11, 2010 These Minutes have been approved by the City Council and are the official record relating to the conduct or administration of the City s business, as reflected herein. The May 11, 2010 meeting of the Wilder City Council was held at the meeting room in the new Paramedics Building at th Street, Wilder. Mayor John Bechtel called the meeting to order at 6:00 P.M. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bechtel. ROLL CALL: Present were Mayor John Bechtel, Council President Roger Howell, Councilman Leonard Wilson, Councilwoman Tila Godina, and Councilman Robert Rivera. City Staff members present were: City Clerk/Treasurer Colleen Cook; Public Works Superintendent Craig Lane; City Engineer Paul Stevens; Police Chief Dusty Tveidt; City Attorney Bill Gigray; WEDC Chairman Lori Church; and Jeremy Aulbach from Pharmer Engineering. Mayor Bechtel reported that the Art Teacher and the art students from the Wilder School sent a Thank You card and a box of chocolates to the City for the Census Poster Contest prizes. Mayor Bechtel opened the chocolates and passed them around. ACCEPT OR AMEND THE AGENDA: City Clerk Colleen Cook reported that the agenda for this meeting was posted once on May 6, 2010 at 11:00 A.M. The 6 th Street Access did not get put back on the agenda. City Attorney Gigray had additional information on this item, so it was added back on the agenda. A motion to add the 6 th Street Access and approve the agenda was made by Council President Howell. Councilman Wilson seconded and the motion passed unanimously. APPROVE MINUTES: City Council Meeting Minutes May 11, 2010 Page # 4

5 City Clerk Colleen Cook presented the minutes of the April 13, 2010 regular City Council Meeting. Councilman Rivera moved to approve the minutes as written. Councilwoman Godina seconded and the motion passed unanimously. City Attorney Bill Gigray introduced Yasuhiro Shinohara as a guest of our meeting. He is from Japan and studying English at Boise State University. Everyone welcomed him. Mayor Bechtel also welcomed back City Attorney Gigray. CITIZEN S APPLICATIONS, PETITIONS. REPORTS OR REQUESTS: A) Mitch Keister, Health & Welfare / No smoking in city Park within 25 ft. of play grounds: Mayor Bechtel called upon Mitch Keister who presented a policy from the City of Emmett banning smoking within 25 feet of play grounds. He gave the Council the information and showed pictures of the signage. The State of Idaho will furnish the signs. The City has to pass an ordinance or resolution adopting the policy. City Attorney Gigray reported that Attorney Matt Johnson is working with the City of Melba on this project. He will get the information from Attorney Johnson and have it at Wilder s next Council meeting for further discussion. B) Debbie Harris / American Cancer Society Relay for Life: Debbie Harris presented information on the American Cancer Society s fund raising Relay for Life which raises money for citizens of Canyon County. This will be an all night event held on June 25 th and 26 th at Columbia High School in Nampa, Idaho. She urged Wilder citizens to form teams and participate. C) Greg Owens / Policy for Paramedics Meeting Room and Keys: Mayor Bechtel reported that Greg Owens came down sick today and would not be at the meeting. City Attorney Gigray reported that he had reviewed the Memorandum of Understanding that the County sent. Attorney Gigray made some amendments to the MOU. Mayor Bechtel said that the City would need use of this meeting room for a long time. The City would remodel the existing City Council Chamber room to make more room for the Police Department if it works out to use this meeting room on a long term basis. The Council did not make a decision on the MOU yet. D) Sundowner, Inc. / Request to reduce Wilder s Sewer Hookup Fees: Rob Pilote, Bettie Pilote, Patti Zatica and Oliver Cleaver attended tonight s meeting to ask the Council to reduce the sewer hookup fees. Rob Pilote spoke first saying that they have invested a lot of money in Wilder and our fees are too high to be able to get builders to come in and build on their lots. He said that they have reduced the prices on their lots and they are still not selling. Mr. Pilote felt that the City is anti-growth if the Council doesn t reduce the fees so that they can make a profit on the reduced prices of their houses. He also challenged the City saying that the hookup fees are an illegal impact fee. City Attorney Bill Gigray provided City Council Meeting Minutes May 11, 2010 Page # 5

6 information on the Revenue Bond Act proving that sewer / water hookup fees are not classified as impact fees. Oliver Cleaver also spoke about the costs in our community compared to Caldwell and the surrounding cities. Patti Zatica spoke saying that the high fees in Wilder are counter productive to the economic development efforts going on in Wilder. City Clerk Colleen Cook provided information to the Mayor and City Council members on the agreements that the City signed with USDA for the Sewer Bond Upgrade Project. These loan documents assure USDA Rural Development that our fees will be sufficient to make our bond payments and maintain the new system. The hookup fees are set at $4,000 in these documents. USDA did a rate study on both our water and sewer system in 2007 and set the user fees. Mrs. Cook reported that the water and sewer hookup fees were not raised in this process. The hookup fees were instituted prior to her coming to work for the City of Wilder in January of 2007 and have never been raised since she came to work here. The Council discussed the issue with them. Mayor Bechtel told them that the City could review the fees, but did not have the money to pay for a rate study. The Council will have an answer at the next meeting. Bettie Pilote asked for copies of the USDA loan documents that were provided to the City Council. City Clerk Colleen Cook will get them to her tomorrow. STAFF REPORTS: POLICE REPORT: Police Chief Dusty Tveidt provided the April Statistical Report for the Council s review. He also reported that the Wilder Police Department participated in the Career Fair in Homedale on April 30 th. Officers Jared George and Ian Takashige helped with a fishing day for Head Start. Chief Tveidt reported that the radio changeovers are complete and cost us about $1, to install the new radios. Owyhee Vet Clinic is now charging $11.00 per day for boarding dogs. Our city kennels need to be set up again to save the City money. Chief Tveidt also reported that Tracy Glenn started getting the Code Enforcement letters out concerning weed violations. PHARMER ENGINEERING / SEWER BOND PROJECT REPORT: Jeremy Aulbach attended the meeting and presented a report to update the Council on the Sewer Lagoon project. The project is almost completed. The work on the sewer line on 6 th Street and Mitchell will break ground next week. The homeowner s services will not be off more than 8 hours to do the cross over when the line has been installed. Mr. Aulbach presented Pay Request #10 to RSCI in the amount of $81, This payment includes 4% of the hold back. USDA has to give their concurrence. Councilwoman Godina moved to approve Pay Request #10 in the amount of $81, subject to USDA approval. This motion was seconded by Councilman Rivera and passed with a unanimous vote. City Council Meeting Minutes May 11, 2010 Page # 6

7 PUBLIC WORKS REPORT - Public Works Superintendent Craig Lane reported on the following: Parks The old fence has been removed. Mr. Lane plans to have the new fence painted and the flag pole installed before the 4 th of July. Water Mr. Lane is getting an estimate on a barrier gate for the crossing to the COSSA School. He also reported that a new air vent has been installed in the water system. Sewer System The auto samplers and the dog kennels are being installed at the lagoons. Irrigation Public Works is fixing some problems with the irrigation system. One Stone Project Party Mr. Lane reported that he and Dave Lincoln went to the One Stone party. Two large stones were donated to the City from Phil Kerns for signs. They will be used at the City Parks. Clean Up Day Mr. Lane reported that 61 tires were turned in and 4 roll-off bins were filled at this year s City Clean-up Day. SCADA System The SCADA System installation is almost finished. CITY ENGINEER REPORT -. City Engineer Paul Stevens attended and gave the following Engineer s report: Water rights Mr. Stevens talked to the Idaho Water Resources and our irrigation well permit application # is approved and is in the pile to sign. We should receive it shortly. COSSA School There were some challenges with the sewer line inspection, but they have been resolved now. Fire Station - Nothing new to report. New Well We are ready to advertise for bids for drilling the well. The closing date is June 1, Award of the bids should be ready for the June 8 th City Council meeting. Mr. Stevens provided a time line for the project. Funding - Mr. Stevens reported that we did not get funded for the Water Master Plan this year. WILDER ECONOMIC DEVELOPMENT COUNCIL LORI CHURCH: Lori Church provided the minutes of their last two meetings. Mrs. Church reported that WEDC has 30 members with two more coming in next month. There is a Coffee Shop trying to come to Wilder. On June 10, 2010, the Deer Flat Church members will paint Rosa s Polar Bear Restaurant. Lori Church and Colleen Cook are continuing work on the LID s. We need a cost estimate for each lot. A meeting is set up with the Homedale Mayor at 11:00 A.M. on May 13, The Mayor will be sharing information and forms that they used to get their LID passed. Lori Church reported that 90% of the property owners along A Street are in favor of the Downtown Revitalization LID. City Council Meeting Minutes May 11, 2010 Page # 7

8 OLD BUSINESS: A) APPOINT WILDER ECONOMIC DEVELOPMENT COUNCIL BOARD MEMBERS: Mayor Bechtel appointed the following Board members to the Wilder Economic Development Commission with terms to expire on December 31, 2010: Chairman: Lori Church Co-Chairman: Susanna Hancock Treasurer: Connie Tolmie Secretary: Dan Arriola Councilwoman Godina moved to ratify the appointments of the four Board members. Councilman Rivera seconded and the motion carried with a unanimous vote in favor. B) CRAIG LANE / RECOMMENDATION ON PLANNING FUNCTIONAL CLASSIFICATION MAPS: The Council reviewed the maps from Golden Gate Highway District Canyon County Planning Functional Classification Map and Compass s 2030 Planning Functional Classification Map. Craig Lane reviewed the maps and made a recommendation to adopt the Golden Gate Highway District s map. The City Attorney had prepared a resolution to adopt the map. City Clerk Colleen Cook issued #507 to the resolution. Councilman Rivera sponsored Resolution #507 to adopt the Canyon County Planning Functional Classification Map. Mayor Bechtel read the resolution by title. Councilman Rivera moved to adopt Resolution #507 with Council President Howell seconding. The motion passed unanimously. At 7:50 P.M., Mayor Bechtel recessed the meeting for a short break. Council President Howell left the meeting at this time. Mayor Bechtel reconvened the meeting at 8:05 P.M. NEW BUSINESS: A) SET PUBLIC HEARING / BILL #B ZONING AMENDMENT TO TITLE 9, CHAPTER 13, SECTION 7 OF THE WILDER MUNICIPAL CODE: Councilman Rivera moved to set the Public Hearing for June 8, 2010 at 6:30 P.M. This was seconded by Councilman Wilson and passed unanimously. B) APPROVE FUNDING WESTERN ALLIANCE FOR ECONOMIC DEVELOPMENT FOR 2011, 2012 AND 2013 FOR $1,451.OO ANNUALLY, SUBJECT TO AVAILABILITY OF FUNDS AND APPROVAL OF CITY BUDGET: After a brief explanation by Mayor Bechtel and discussion, Councilman Rivera moved to approve funding the Western Alliance for Economic Development for the next three years subject to available funds. Councilwoman Godina seconded and the motion carried with all in favor. C) CANYON COUNTY DEVELOPMENT SERVICES / PROPOSED AMENDMENTS TO THE CITY IMPACT AREA JOINT EXERCISE OF POWER AGREEMENT: City Council Meeting Minutes May 11, 2010 Page # 8

9 City Attorney Bill Gigray advised the Council members that Attorney Matt Johnson had reviewed this proposed amendment and felt that there was nothing in it that would concern the cities. It is a reorganization of the County s zoning ordinance to change the conditional use permits to a straight zoning of residential properties. It would require an application for a zone change instead of a conditional use permit. Attorney Johnson didn t think the city had to take any action on this. D) CITY ATTORNEY GIGRAY / ADVICE ON NEW LEGISLATION, HOUSE BILL #421, CONCERNING AWARD OF ATTORNEY FEES IN QUASI-JUDICIAL PROCEEDINGS: City Attorney Gigray updated the Council on this new legislation. He wrote a resolution to outline a policy for Wilder on all quasi-judicial hearings to comply with this new legislation. Attorney Gigray advised us to put a copy of this policy on the table at all quasi-judicial public hearings. City Clerk Colleen Cook issued #508 to this resolution. Councilman Rivera sponsored it and Mayor Bechtel read it by title. Councilwoman Godina moved to adopt Resolution #508 with Councilman Rivera seconding. The motion carried with a unanimous vote. ORDINANCES AND RESOLUTIONS: (None) REPORTS: CITY ATTORNEY - City Attorney Bill Gigray brought a copy of the Cross License Agreement between the City of Wilder and the Wilder Fire District for access onto 6 th Street. He suggested that Public Works Superintendent Craig Lane and Fire Chief Doug Amick review this agreement and report back to the City Council at the next meeting. City Attorney Gigray also reported on proposed legislation SB1276 which would consolidate the Highway Jurisdictions. This bill will affect cities. Attorney Gigray feels that this issue will come up again in the future. APPROVE ACCOUNTS PAYABLE BILLS: Councilwoman Godina reviewed the bills this month prior to the meeting. City Clerk Colleen Cook presented the Accounts Payable bills for May 2010, totaling $46, Councilman Rivera asked the Council to add a bill for the Recreation Program uniforms in the amount of $95.88 which would reimburse him. The Council members reviewed the bill list. Councilman Rivera felt that the City could buy a generic form of Round Up weed killer for a lot less money than buying Round Up. The Sprint bill was reviewed. It looks like the new air cards for the Public Works computers are duplicated charges. We will have Police Chief Tveidt call Sprint to check on this since he is the one that usually deals with Sprint. If it is an error, he will ask for a credit. Councilman Rivera moved to add the $95.88 uniform bill and approve payment of the bills in the amount of $46, This was seconded by Councilman Wilson and passed with all in favor. City Council Meeting Minutes May 11, 2010 Page # 9

10 REPORTS (Continued): CITY CLERK / TREASURER - Colleen Cook reported that she is getting the Budget Worksheets updated so we can begin work on next year s budget. COUNCIL MEMBER REPORTS: Councilman Rivera: Recreation Program He reported that the first game got cancelled because of the rain. MAYOR S REPORT - Mayor Bechtel reported that the 116 th Calvary will be deploying and they are asking for city support as there are two Wilder families that will be affected. Recycling Bin Mayor Bechtel will talk to Westown Disposal about a recycling bin. Treasure Valley Partnership The City of Wilder s dues are $ annually. Health Care Mayor Bechtel reported that Derek Stephenson from Myriad Benefits is looking into the premiums for this coming year for our budget. It will be at least a 15% increase. One Stone Park Sign COSSA welding class is doing a metal sign that can be mounted on the rock that was donated to the City. It will be at the new One Stone Park. The Mayor and Council members discussed the pros and cons of using the Paramedic s meeting room for City Council and Planning & Zoning meetings. Councilman Wilson did not like the location of the restroom. The other issue brought up is that people would have to go outside on the sidewalk if the Council went into executive session. Storage and more space for the Police Department were discussed. One suggestion was to rent one of those Pod storages to store evidence in. The Mayor and Council members also discussed the smoking in the park issue that was brought up at the first of this meeting. The general consensus of the Council was that it seems like a good idea. They want to see a resolution at our next Council meeting. MONTHLY FINANCIAL REPORTS: City Clerk/Treasurer Colleen Cook provided the April, 2010 Financial Statements and Investment Reports to the Council members for their review. ADJOURNMENT: Councilman Wilson moved to adjourn. Hearing no objections, Mayor Bechtel adjourned the meeting at 9:05 P.M.. APPROVED this 8 th day of June, ATTEST: John F. Bechtel, Mayor Colleen Cook, City Clerk/Treasurer City Council Meeting Minutes May 11, 2010 Page # 10