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HomeMy WebLinkAbout2005-05-02city council minutesBOOK 46 REGULAR MEETING MAY 2, 2005 7:00 P.M. PAGE 64 The Meeting was called to order by Mayor Nancolas. The Mayor asked Jason Radford to introduce his Boy Scout troop. The Invocation was offered by Pastor Paul Woods of the Seventh Day Church of God. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag led by Boy Scout Eric Lystrom. The Mayor acknowledged Molly Baxter, Vice - Chairperson ofthe Mayor's Youth Advisory Committee. The Mayor also acknowledged Kevin Wardlaw, a Boy Scout. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker and Oates. Absent: None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Oates to add an Executive Session as Item #4A under New Business under the authority of Idaho Code 67 -2345 to address personnel and labor negotiation issues. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED AUDIENCE PARTICIPATION None. 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 April 18, 2005 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Historic Preservation Commission meetings held on November 10, 2004 and February 16, 2005 and the Caldwell Planning and Zoning Commission meetings held on February 8, 2005, February 17, 2005, and March 22, 2005; 3. Approve resignation of Josephine Masar from the Caldwell Historic Preservation Commission; 4. Approve appointment of Dana Schuck to the Caldwell Housing Authority Board; 5. Approve Orders of Decision on Case No. SUB- 58B(5) -00 (Blackhawk Subdivision) and Case No. SUB- 116P -05 (Kingsview Estates Subdivision); 6. Approve Taxicab License for A -1 Stop & Go Taxi for the term of May 2, 2005 to May 2, 2006; 7. Approve Resolution No. 13 -05B authorizing execution of a revised Real Estate Lease Agreement with the Caldwell Senior Citizens, Inc.; 8. Approve Resolution No. 64 -05 authorizing execution of an Agreement for Consulting Services with Toothman- Orton Engineering Co. for the Airport Project — AIP 15; 9. Approve Resolution No. 65 -05 authorizing execution of an Agreement for Engineering Services with W &H Pacific for the Midway Sewer Project; 10. Approve Resolution No. 66 -05 authorizing execution of a Professional Services Agreement with American Geotechnics for soil sampling and analysis of the Downtown Pit; 11. Approve Resolution No. 67 -05 accepting a Quitclaim Deed for public right -of -way from Lynn and Renae Hardy along N. Indiana Avenue; 12. Approve Resolution No. 68 -05 accepting a Quitclaim Deed and Fire Suppression Line Easement from Grapevine 7, Inc. for providing public services to the Ambassador R.V. Resort; 13. Approve Resolution No. 69 -05 accepting permanent and temporary easements for the construction, operation, and maintenance of sewer interceptor lines as part of the Midway Sewer Project; 14. Approve Resolution No. 70 -05 accepting dedication of sewer main, water main, and street lights for Ambassador R.V. Resort Improvements by Grapevine 7, Inc. MOVED by Hopper, SECONDED by Oates to approve the Consent Calendar as published. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 15 [ORDINANCE NO. 25501 REGARDING THE VACATION OF RIGHT -OF -WAY ON HILLCREST LANE AND SYRINGA LANE TO FACILITATE RE- PLATTING FOR THE DEVELOPMENT OF MONTECITO SUBDIVISION NO. 3. WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS AND PASS ON THE FIRST READING) BOOK 46 PAGE 65 Gordon Law, City Engineer, 621 Cleveland Blvd., gave the staff report. He stated that he revised this ordinance according to the minutes from the last meeting as requested. Councilman Oates asked if this is in accordance with what the applicant requested. Law stated that he had a discussion with Mrs. Earl who represents the applicant and she was in agreement with it. The Mayor read Bill No. 15 by title only: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; DETERMINING THAT VACATION OF SAID DESCRIBED RIGHT -OF -WAY IS IN THE BEST PUBLIC INTEREST; SPECIFYING THE PROPERTIES TO WHICH SAID VACATED RIGHT -OF -WAY SHALL REVERT; AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Oates to waive the three reading process and pass Bill No. 15 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to sponsor Bill No. 15, move for its passage on the first reading, and approve the printing in its entirety. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED (CONSIDER BILL NO. 17 [ORDINANCE NO. 25521 REGARDING THE KINGSVIEW ANNEXATION WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS AND PASS ON THE FIRST READING) The Mayor read Bill No. 17 by title only: AN ORDINANCE TO PROVIDE AN R -1 (SINGLE FAMILY RESIDENTIAL) ZONE DESIGNATION FOR CERTAIN LANDS; DETERMINING THAT SAID ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO DESIGNATE SAID PROPERTY AS R -1 ON THE OFFICIAL ZONING MAP AND OTHER AREA MAPS OF THE CITY REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Ozuna to waive the three reading process and pass Bill No. 17 on its first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to sponsor Bill No. 17 and move for its passage on the first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED NEW BUSINESS (DISCUSSION AND UPDATE ON IMPACT AREA NEGOTIATIONS) Mark Hilty, City Attorney, 1303 -12"' Avenue Road, Nampa, gave the staff report. He stated that he wanted to appraise Council of a legal issue that seems to be the only point of disagreement at this time with the County. This is not anything that needs to have a decision at this time. Hilty gave a brief history of the impact area and this agreement which consists of two components: 1) Physical map of the area, and 2) plans, ordinances, and standards regarding the development of this area. He stated that we have four options. We can adopt all County ordinances in the impact area, adopt all City ordinances in the impact area, create new ordinances, or use existing ordinance from both the County and City and agree on which standards will apply. This is the point where the disagreement is. Hilty referred to a letter he sent to the County's attorney, Chuck Saari, on April 13 letting him know his analysis of this issue. Hilty referred to a past case with Magic Valley Sand and Gravel. Hilty stated that the County wants to be able to amend their zoning ordinance without re- negotiation. Hilty stated that it is clear from the Magic Valley Sand and Gravel case that the City cannot do that. He stated that he is reading a principle in that case. BOOK 46 PAGE 66 Hilty stated that he has proposed to the County that we incorporate an agreement that goes as far as we agree. There is language in the agreement that states the City ordinance in effect on a certain date shall remain in effect until we re- negotiate. The County would like to provide language stating that they can amend their zoning ordinance when they want to. Hilty continued that he has proposed that we leave it silent with respect to the ability of the County to amend their zoning ordinance. Perhaps this will never become a problem. Hilty referred to the letter from Chuck Saari that was provided to Council and Hilty finds it unpersuasive. Hilty requested that Council look over the correspondence. The options are to back off, to leave the agreement silent, to obtain an opinion from the Attorney General, to pursue a declaratory judgment action, or to have a committee of nine which is three elected officials from the City, three County Commissioners, and three people chosen from Canyon County. Councilman Dakan asked what the other towns feel about this. Hilty stated that Nampa is in the same place we are. They are reviewing it right now and they have been included in all the correspondence. Councilman Oates asked if this is something new or if it has come up somewhere else before. Hilty stated that he is not sure. Councilman Oates stated that he remembers talking with the City Manager of McCall who used the City standards in their case. Our County has a fairly vigorous plan for trying to locate their residential development in the area of impact, which creates a lot of conflict. Councilman Oates asked if they are telling us that they are not going to seek our approval on their ordinance changes. Hilty stated that that is correct. Councilman Hopper asked if we have always gone through re- negotiations when we have had minor changes to our subdivision ordinances. Hilty stated that we have been in the process of re- negotiating our impact area agreement for three years and a lot of the ordinance amendments were done while we were in negotiations. The question is, when we are applying it to a development in the impact area, can we apply those standards without re- negotiating the Impact Area Agreement. Gordon Law stated that he doesn't know of any instance where we have tried to apply an amended City ordinance subsequent to an agreement in the area of impact. The City and County negotiated an agreement five years ago and for most of that time the County ignored that it existed. He stated that he doesn't think that that was done belligerently. Councilman Hopper stated that he would avoid option one and that option two seems to be reasonable at this time if they will agree to it. If we can't get them to agree to remain silent on the issue, then we may need to go toward option three or four. Hilty stated that he can convey back to the County that the City is not willing to adopt an Impact Area Agreement that contains language that we don't think is consistent with the law. We will do one that leaves that silent. Councilman Hopper stated that our history of participating in that area of impact has not been good mostly due to a lack of communication between the City and the County. To create an ordinance which allows unilateral change without any communication would further that issue and make it more difficult to manage that area. He stated that he feels we need to have something in the agreement that says that if we intend to make changes in that area we need to talk about it. Councilman Blacker stated that he agrees with Councilman Hopper. The Mayor stated that the opinion seems to be that we need to pursue either option two or option three. Councilman Oates stated that if we leave it silent, that will not waive any rights and will only become an issue if it is taken to court. Hilty stated that in regard to private property owners, the risk actually lies with the County. Hilty stated that he is concerned that if the County and a developer agree on what they are going to do and there are amendments made, then does the City have the right to tell the County they can't approve it without re- negotiating with the City. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,353,423.07 for the period ending April 27, 2005 and a net payroll in the amount of $222,831.59 for the pay period ending April 16, 2005. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,353,423.07 represented by check numbers 26878 through 27223 and the total payroll in the amount of $222,831.59 represented by check numbers 7247 through 7394 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Wells, Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: None. MOTION CARRIED f Y' I � 4 _ I t • L ' tr I �' fi r•k�