~ AGENDA ~ City of Wilder City Council Meeting

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~ AGENDA ~ City of Wilder City Council Meeting UPDATED 4-9-07 Tuesday Wilder City Council Chambers April 10, 2007 219 3 rd Street 7:30 P.M. Wilder, Idaho 83676 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE OF ALLEGIANCE: 4. ACCEPT OR AMEND AGENDA: 5. CITIZENS APPLICATIONS, PETITIONS, REPORTS OR REQUESTS: 6. REPORTS: A) Albert Erickson, Chief of Police B) Craig Lane, Public Works Director C) Paul Stevens, P.E., City Engineer D) Susanna Hancock, Wilder Economic Development 7. PUBLIC HEARINGS: A) Wildwood Dev/ Penny Lane Subdiv. Annex. & Zoning (Continued) 8:00 PM Approve Findings of Facts & Conclusions of Law Letter from City Attorney Wm. Gigray dated March 27, 2007 8. OLD BUSINESS: A) Decision on funding the Highway 95 Sidewalk Project B) P & Z Commission Recommendation on Area of City Impact Expansion C) Temporary Easement for Storm water pipe & Retention Pond / Rose Haven 2 D) Crossing Agreement / Rose Haven 2 9. NEW BUSINESS: A) Idaho Rural Economic Development Professional Program Participate & Fund Economic Dev. Person; Issue Letter of Intent B) Appoint members to the Historical Advisory Council C) Mosquito Abatement D) Discuss changing P & Z Meetings to a different night from Council Meetings. E) Approve Sale of Surplus Property (old Snapper lawn mower)/ Public Works F) Discuss hookup fees for Pressurized Irrigation System. City Council Meeting Minutes, April 10, 2007 Page 1

G) Dumpster at Park APRIL 10, 2007 AGENDA (Continued) 10. ORDINANCES and RESOLUTIONS: A) Proposed Ordinance / Nuisance Ordinance Update B) Proposed Ordinance / Procedure, Process & Criteria for Irrigation Exclusion C) Proposed Resolution / Adopt Petition Form for Irrigation Exclusion 11. REPORTS: A) City Attorney, Wm. F. Gigray, III B) City Clerk/Treasurer, Colleen Cook C) Mayor John F. Bechtel D) City Council Members 12. APPROVE ACCOUNTS PAYABLE BILLS 13. APPROVE MINUTES: A) March 13, 2007 Regular Council Meeting B) March 13, 2007 Executive Session Minutes - 8:24 P.M. C) March 13, 2007 Executive Session Minutes - 11:49 P.M. D) March 19, 2007 Board of Corrections Minutes 14. Executive Session (As Needed) for Personnel/Legal Issues (I.C. 67-2345) 15. ADJOURNMENT City Council Meeting Minutes, April 10, 2007 Page 2

Posted 4-05-07 City Hall Post Office Wilder Market City of Wilder CITY COUNCIL MINUTES April 10, 2007 NOTE: These minutes are an unofficial record of this City Council meeting until reviewed; corrected if deemed appropriate, and formally approved by the Wilder City Council at a subsequent Council meeting. The April 10, 2007 meeting of the Wilder City Council was held in City Council Chambers at the Wilder City Hall. Mayor John Bechtel called the meeting to order at 7:50 p.m. ROLL CALL: Present were Mayor Bechtel, Council President Roger Howell, Councilman Robert Rivera, Councilwoman Tila Godina and Councilman Leonard Wilson. City Staff present were: City Attorney William F. Gigray; City Clerk/Treasurer Colleen Cook; Police Chief Albert Erickson, City Engineer Paul Stevens and Public Works Supervisor Craig Lane. PLEDGE OF ALLEGIANCE: Mayor Bechtel led the Pledge of Allegiance. ACCEPT OR AMEND THE AGENDA: The following changes were made to the agenda: 1) Add an Executive Session to follow the Public Hearing. 2) Move the reports from Police and Public Works to follow the Executive Session. 3) Council President Howell said that he only wanted to change the order of the minutes for last meeting, not permanently. The minutes were left at the end of this meeting, but will be moved up to the normal place on future agendas. Councilwoman Godina moved to amend the agenda as outlined above with Council President Howell seconding. The motion passed unanimously. City Council Meeting Minutes, April 10, 2007 Page 3

CITIZENS APPLICATIONS, PETITIONS, REPORTS OR REQUESTS: A. Mayor Bechtel called on the teenagers in the audience to introduce them selves. They were attending the meeting for their school Government class. Mayor thanked them for attending. REPORTS: City Engineer Paul Stevens, P.E.: Facilities Plan - Mr. Stevens reported that he has received no comments back from USDA yet. We have received comments back from DEQ and they are being incorporated into the plan. Highway 95 Sidewalk Status Mr. Stevens reported that Mr. Bauges told him that, if the City scraps the project, we will be liable for any expenses the State has incurred. Mayor Bechtel reported that the City does not have the funds in the Streets & Roads Fund to pay for the matching share of this grant. Attorney Gigray advised that the City should not accept the bids if they do not have the funds to do the project. After discussion, Councilman Rivera moved to reject all of the bids as they were over budget. This was seconded by Councilman Wilson and a roll call vote was taken: Howell - yes; Rivera - yes; Godina - yes; and Wilson - yes. Golden Gate Sidewalk Project - Mr. Stevens reported that he has finalized the sidewalk design for this project. He will be meeting with Dave Lincoln this Friday. Subdivisions: Rose Haven, Phase 2 - The gas, power and cable are going in now.. Country View Estates Mr. Stevens reported that the Planning and Zoning Commission has approved their preliminary plat. No Name Subdivision - Mr. Stevens and Colleen Cook met with Orvil Collins to work out a few more details on the City s requirements before this goes to Planning & Zoning for review. Pioneer Subdivision Right-of-way Vacation: Mr. Stevens reported that he has not heard any thing lately form the surveyors. He will contact them to remind them. Penny Lane Subdivision - Mr. Stevens reviewed the old traffic study and it states that the traffic would not go from a Level A to a Level B. That is why they said that it would be no impact. However, there was a requirement for a turn lane. Mr. Stevens felt that there would be no problem using that traffic study. Sewer: The March 1, 2007 meeting with the Boise Project Board of Control and the Bureau of Reclamation ended positively and a second meeting has been tentatively City Council Meeting Minutes, April 10, 2007 Page 4

scheduled for May. Also, Craig Lane reported that he has fixed the aerator in the sewer pond. Susanna Hancock, Wilder Economic Development - Mrs. Hancock was not present. Mayor Bechtel reported that she has been working on our city website and the Economic Development grants with Sage Community Resources. The City will have to obligate some general funds for two different grants that are coming up one for approximately $800.00 and the second one is $1,451.00. One grant will hire an economic development person to work between 5 cities over a three year period. City Clerk Colleen Cook said that we have reviewed the proposed contract and it has a clause to allow future Councils to approve the appropriation each year to comply with Idaho State Code concerning not binding future Councils. The second grant provides help to develop planning procedures, update the Comp Plans and revise ordinances as necessary for the participating cities. City Clerk Colleen Cook reported that she attended the last web site meeting and the site is now ready to start inputting information. We will put the meeting minutes and agendas up very soon. PUBLIC HEARINGS: Approve Findings of Facts & Conclusions of Law / Wildwood Development s Penny Lane Subdivision for Annexation & Zoning - Councilman Rivera moved to open the public hearing with Councilwoman Godina seconding. The motion carried with all in favor, so Mayor Bechtel opened the public hearing on the Penny Lane Subdivision. City Attorney Gigray reviewed the Findings of Facts and Conclusions of Law with the Council members. A motion to approve the Penny Lane Subdivision Findings of Facts and Conclusions of Law was made by Councilman Rivera and seconded by Councilwoman Godina. A roll call vote was called for: Howell - yes; Rivera - yes; Godina - yes; and Wilson - yes. At 8:35 P.M., Council President Howell moved to close the public hearing with Councilman Wilson seconding. The motion passed unanimously. EXECUTIVE SESSION: At 8:38 P.M., Councilwoman Godina moved to go into Executive Session for personnel reasons pursuant to Idaho Code 67-2345 (b). Councilman Rivera seconded and a roll call vote was taken: Howell - yes; Rivera - yes; Godina - yes; and Wilson - yes. Mayor Bechtel recessed the regular meeting to go into Executive Session. At 8:50 P.M., the Council came out of Executive Session. Mayor Bechtel reconvened the regular meeting at 8:50 P.M. and promptly recessed the meeting for a pot luck supper that was enjoyed by all. Following the pot luck supper, Mayor Bechtel called the regular meeting back to order at 9:48 P.M. REPORTS (Continued): Craig Lane, Public Works Director: City Council Meeting Minutes, April 10, 2007 Page 5

Parks - Frances Rogers is doing a great job on park maintenance. Her daughter gave the City some flower bulbs and they have planted them. The City was given a golf cart. Mr. Lane will get it fixed up and see if Frances can use it for park maintenance. Water They had an electrical problem in the water department. A squirrel was to blame and the squirrel paid for it with his life. Also, there was an accident at Chula Vista and one of our fire hydrants was sheared off. It cost $1,800.00 to fix. Irrigation Mr. Lane reported that the irrigation water should be available on April 16 th. The same irrigation schedules as last year will be used. Garbage - The Cleanup Day was discussed and the park dumpster. The park dumpster was piled high and all around on the night before garbage pickup. People are bringing it from other places and dumping it. The Council suggested having our police officers monitor it on Wednesday evenings. OLD BUSINESS: A. Decision on funding the Highway 95 Sidewalk Project - This item was taken care of in the City Engineer s report. B. P & Z Recommendation on Area of City Impact Expansion - The Wilder Planning & Zoning Commission recommended only changing the boundaries to the new proposed Area of City Impact map with no changes to the ordinances. The Canyon County hearing is scheduled for May 17, 2007. Councilwoman Godina moved to approve the Area of City Impact Expansion, have City Engineer Paul Stevens review the legal descriptions and have the City Clerk write the letter to the County. Councilman Rivera seconded and the motion passed unanimously. C. Temporary Easement for Storm Water Pipe & Retention Pond / Rose Haven 2 City Engineer Paul Stevens reported that he has checked the legal descriptions on this easement and it is ready for the Mayor s signature. Attorney Gigray explained about the Crossing Agreement and the Financial Guarantee. These agreements were pending until the annexation was complete. Attorney Gigray felt that Sundowner should sign the Financial Guarantee first, then we can sign the other documents. Council President Howell moved to authorize the Mayor to sign the Crossing Agreement, the deed for the Temporary Easement, the resolution to accept the deed and the Financial Guarantee after Sundowner has signed. Councilwoman Godina seconded and the motion carried with all in favor. NEW BUSINESS: A. Idaho Rural Economic Development Professional Program - Mayor Bechtel explained about the grant to hire an Economic Development person between several cities. A letter of intent needs to be approved tonight to meet the grant deadlines. This is a 3 year commitment which is renewed annually to comply with Idaho State Code. City Clerk Colleen Cook prepared the letter of intent for approval. The City s commitment is $1,451.00 each year for three years. Councilman Wilson moved to approve the expenditure and authorize the Mayor to sign the letter of intent. Councilman Rivera seconded and the motion passed unanimously. City Council Meeting Minutes, April 10, 2007 Page 6

B. Appoint Board members to the Historical Advisory Council - Mayor Bechtel reported that this Board was appointed under the City Council in 2005. The members serve for two-year terms. Dale Kenyon and Cecil Burnett are up in 2007; Glen Osborn is due in 2008; Harold Garrett was due in 2006; and Melvin Harshman is due in 2008. Mayor Bechtel re-appointed Dale Kenyon and Cecil Burnett for another 2 year term and Harold Garrett for a 3 year term. A motion to ratify these appointments was made by Councilwoman Godina and seconded by Councilman Wilson. The motion carried with a unanimous vote in favor. C. Mosquito Abatement Mayor Bechtel reported that the County has agreed to spray for mosquitoes in our city and bill the city. The Clerk was asked to call and find out what the cost would be. Attorney Gigray questioned their authority to bill us. D. Discuss changing P & Z Meetings to a different night from City Council Meetings - The Planning & Zoning Commissioners have agreed to change their meeting date to the 4 th Tuesday of each month. This will allow a two-week turn around time to process work between the Council and the P & Z Commission and also, give the P & Z meetings more time to conduct business. E. Approve Sale of Surplus Property from Public Works / old Snapper lawn mower - Public Works Supervisor Craig Lane reported that we have an old Snapper lawn mower that he wants to declare as surplus property and sell. He thinks it should be worth around $300.00. Councilman Rivera moved to declare the old Snapper lawn mower surplus property and authorize the sale of it. This was seconded by Council President Howell and passed unanimously. F. Discuss hookup fees for Pressurized Irrigation System - Public Works Supervisor Craig Lane proposed instituting an $1,800.00 hookup fee for our Municipal Pressurized Irrigation System. After discussion, Councilwoman Godina moved to have Attorney Gigray write up an ordinance. Councilman Wilson seconded and it passed unanimously. ORDINANCES and RESOLUTIONS: A) Proposed Ordinance / Nuisance Ordinance Update - City Attorney Gigray outlined some of the provisions in the proposed update for the Nuisance ordinance that needs corrected. He will review our existing Nuisance Ordinance and make changes as necessary. This will be placed on our May 8, 2007 agenda. B) Proposed Ordinance / Procedure, Process & Criteria for Irrigation Exclusion - City Attorney Gigray explained that this ordinance will give us a process to exclude property under certain circumstances when people can not get their irrigation water. C) Proposed Resolution / Adopt Petition Form for Irrigation Exclusion City Attorney Gigray recommended that these last two items be tabled until the Irrigation Hookup Ordinance is finished. The Council left these two items tabled. REPORTS: City Attorney Wm. F. Gigray, III - City Council Meeting Minutes, April 10, 2007 Page 7

Attorney Gigray reviewed what has been accomplished in Planning & Zoning. City Clerk/Treasurer Colleen Cook Mrs. Cook reported that the Council must set the Budget Public Hearing and that date must be reported to the County Clerk by April 30, 2007. She had prepared a tentative schedule for the budget process for this year. She recommended an August 14, 2007 Public Hearing date. Councilwoman Godina moved to set the Budget Public Hearing for August 14, 2007 at 8:00 P.M. Councilman Rivera seconded and the motion carried unanimously. Mrs. Cook also gave an update on the financial reports and City investments. Mayor John F. Bechtel Mayor Bechtel reported that we have $515.00 in our flower budget and flowers will be planted soon. Mayor gave an update on the status of the regionalized sewer facility. The RFP s will go out for an independent engineer to do the study. Mayor Bechtel reported that the Personnel Manual update is almost complete. It was suggested that it be reviewed in a special meeting instead of taking the time in a regular Council meeting. COSSA is looking at the Golden Gate Highway District property as a possible site to locate at in Wilder. They are also exploring funding options. The Association of Idaho Cities Annual Conference is scheduled for June 13 th 15 th this year in Coeur d Alene. No youth from Wilder will attend this year. Mayor Bechtel is planning on attending. Mayor Bechtel reported that he has met with some citizens concerning complaints on dogs at large, school bus speeding, jay walking and speeders on Highway 95. Mayor Bechtel reported on the Treasure Valley Partnership meeting. The membership dues are $190.00 per year and he feels that it is worth the money to join. Updating our water turn-on fees for after hours needs to be added to our fee schedules and addressed in our ordinances. We are paying overtime wages to turn water back on after being shut off for non-payment. Mayor has suggested a $50.00 flat fee for after hour s turn-on. The utility bill on the Fred Betancourt property was discussed. The Clerk was asked to send the amount due to City Attorney Gigray and he will start collection. Mayor wants to get started on renumbering the City for emergency services. City Council Reports - (None) APPROVE ACCOUNTS PAYABLE BILLS: The Accounts Payable bills in the amount of $72,944.57 were presented for payment approval. City Attorney Gigray s bill was quite past due. City Clerk Colleen Cook had audited his back statements and found that we owe White Peterson $18,155.89. Attorney Gigray offered to go over the statements with the City Treasurer and he would write some of this bill off. The Council removed his bill from the list leaving a balance of $54,788.68 on the bill list. Council President Howell moved to approve the City Council Meeting Minutes, April 10, 2007 Page 8

remainder of the bills totaling $54,788.68. This was seconded by Councilwoman Godina and passed with a unanimous vote. APPROVE MINUTES: The minutes of the March 13, 2007 Regular Council Meeting, two March 13, 2007 Executive Session Minutes and the March 19, 2007 Board of Corrections Minutes needed approved. Councilwoman Godina moved to approve all the sets of minutes as written. Council President Howell seconded and the motion carried with all in favor. EXECUTIVE SESSION: At 11:34 P.M., Councilwoman Godina moved to go into Executive Session pursuant to Idaho Code 67-2345 (b) to discuss personnel issues. Council President Howell seconded and a roll call vote was taken: Howell - yes; Rivera - yes; Godina - yes; and Wilson yes. Mayor Bechtel recessed the regular meeting at 11:34 P.M.to go into Executive Session. Mayor Bechtel reconvened the regular meeting at 11:55 P.M. Councilman Rivera moved to come out of Executive Session with Councilman Wilson seconding. The motion carried with all in favor. Councilman Wilson moved to adjourn the meeting. Councilwoman Godina seconded, so Mayor Bechtel adjourned the meeting at 12:00 A.M. APPROVED this day of, 2007. ATTEST: John F. Bechtel, Mayor Colleen Cook, City Clerk City Council Meeting Minutes, April 10, 2007 Page 9