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HomeMy WebLinkAbout2005-07-05city council minutesBOOK 46 REGULAR MEETING JULY 5, 2005 7:00 P.M. The Meeting was called to order by Mayor Nancolas. PAGE 73 The Invocation was offered by Pastor Royce Wright of the Oasis Worship Center. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Wells, Blacker and Oates. Absent: Dakan. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Blacker to move Item #1 from the Consent Calendar to Item #la under Old Business and to remove Item #8 from the Consent Calendar as it is not yet ready. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED AUDIENCE PARTICIPATION Franklin Stafford, 4912 Laster Lane, addressed Council regarding the subdivision across from him that was approved with a 20 -foot brim and a fence. He stated that Pioneer Irrigation refused to allow those items there. He stated that he never heard any changes to that development and asked what will be used for a brim between the subdivision and Laster Lane. He stated that he asked staff in Planning & Zoning but did not receive an answer. Mark Hilty, City Attorney, stated that this deals with the Stonehedge Subdivision which is on the agenda tonight. He stated that they made a decision on that and the record and public testimony is now closed. He stated that it would be inappropriate to take additional information on this matter without noticing it and opening public testimony. He stated that if it is a related matter that does not have to do with the approval or denial of the application, then we can deal with it through staff. The Mayor asked staff to talk with Mr. Stafford and answer his questions. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Approve Order of Decision: Stonehenge Subdivision (SUB- 118P -05 & SUP- 243(A) -05); 2. Approve Resolution No. 89 -05 authorizing execution of a Utility Adjustment Agreement with the Idaho Transportation Department with regards to the Wilson Drain/Karcher Bridge. 3. Approve request by the Finance Director as instructed by the Golf Board to accept the revised Golf Fee schedule and maintain current rates that will be subject to the 5% tax effective July 1, 2005; 4. Approve Resolution No. 88 -05 authorizing execution of the Fire Fighting and Life Preservation Services Agreement with the Caldwell Rural Fire Protection District; 5. Approve Resolution No. 86 -05 accepting dedication of sewer main, water main, and street lights for Holman Subdivision Improvements by Holman Transportation Services, Inc.; 6. Approve Resolution No. 87 -05 for the Award of Bid to Central Paving Co, Inc. in the amount of $717,429.26 for the FY2005 Airport Improvement project. MOVED by Hopper, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED OLD BUSINESS (REQUEST FOR DEFERRAL OF PUBLIC HEARING TO JULY 18, 2005 REGARDING THE MONARCH SUBDIVISION 43 [CASE NO. SUB- 58(3)F -001, A REQUEST FOR FINAL PLAT APPROVAL TO DEVELOP 74 RESIDENTIAL LOTS AND 4 COMMON AREA LOTS ON APPROXIMATELY 18.34 ACRES IN AN R -1 [SINGLE - FAMILY RESIDENTIAL] ZONE) MOVED by Hopper, SECONDED by Blacker to continue this public hearing to a time and date certain, which would be July 18, 2005 at 7:00 p.m. at the Regular City Council meeting. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED BOOK 46 PAGE 74 (DISPENSE WITH READING OF THE MINUTES OF THE JUNE 6, 2005 REGULAR CITY COUNCIL MEETING AND JUNE 9, 2005 SPECIAL CITY COUNCIL MEETING AND APPROVE AS WRITTEN) Councilman Hopper stated that in the minutes of the Special Meeting on June 9"' the adjournment time was incorrect and needs to be changed from 9:35 p.m. to 1:30 p.m. and the final roll call vote indicates that Ozuna votes yes but she was not present at the meeting. Her name should be under the absent and not voting section. Councilman Hopper added that on the meeting minutes for June 6"' the adjournment time should be 9:35 p.m. rather than 1:30 p.m. MOVED by Blacker, SECONDED by Wells to approve the noted amendments to the minutes. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, and Wells. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 83(2)F -03, A REQUEST FOR FIINAL PLAT APPROVAL OF MONTECITO PARK 42, CONSISTING OF 76 RESIDENTIAL AND 3 COMMON LOTS ON 18.3 ACRES WITHIN AN R -1 [SINGLE - FAMILY] ZONE WITH THE REQUESET, IF APPROVED, COUNCIL AUTHOURIZE THE MAYOR TO ADMINISTRATIVELY REVIEW AND SIGN ORDER OF DECISION) The Mayor explained the quasi - judicial process. The Mayor declared this public hearing open. The City Clerk swore in those signed up to speak at the public hearings this evening. Debbie Geyer, Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She pointed out the phase schedule for the subdivision. She stated that the final bond amount was submitted to the Engineering Department in the amount of $218, 602.17. This bond consists of miscellaneous items including manholes, water valves, storm drains, street lights, center line pins, landscaping, irrigation drawings, and dedication. This bond amount is in agreement with the Engineering Department. Geyer noted that there was supposed to be an attachment to the staff report noting that Pioneer Irrigation has no objection to move forward with the final plat although they state that there should be no obstructions, fences, trees, buildings in the easements and the final plat show the said easements and note regarding obstructions. The Mayor labeled the letter from Pioneer Irrigation as Item CC -1000. He labeled the memo from Darrin Hibbs regarding the bonding amount as Item CC -1001. Rita Earl, 314 Badiola Street, spoke in favor of the request. She stated that the project should be complete soon and they are ready to move forward with the plat and getting it signed and recorded. MOVED by Ozuna, SECONDED by Blacker to close the public testimony portion of this public hearing. Roll call vote. Those voting yes: Ozuna, Wells, Blacker, Oates and Hopper. Those voting no: None. Absent and/or not voting: Dakan. EVIDENCE LIST FOR SUB- 83(2)F -03: The Mayor presented the Evidence List: Staff report, sign -up sheets, final plat, CC -1001 (memo regarding bonding amount), CC -1000 (letter from Pioneer Irrigation). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED FINDINGS OF FACT FOR SUB- 83(2)F -03: MOVED by Hopper, SECONDED by Blacker to submit as Findings of Fact the evidence list that was approved, the public testimony that has been given this evening, the general facts as outlined in the staff report and noting that there was no public testimony against the application. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED CONCLUSIONS OF LAW FOR SUB- 83(2)F -03: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests for final plat approval and to make the decision to approve or deny. The hearing was legally noticed and conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Ozuna, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED BOOK 46 ORDER OF DECISION FOR SUB- 83(2)F -03: PAGE 75 MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 83(2)F -03 (Montecito Park #2), a request for final plat approve to develop 76 residential and three common area lots in an R -1 zone is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to approve the Mayor to administratively sign the documents for this approval. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED (CONSIDER AMENDED BILL NO. 17 [ORDINANCE NO. 25521, KINGSVIEW ANNEXATION, WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 17 by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO AND THAT SAID LAND SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE DISTRICT AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, OR PARTS THEREOF IN CONFLICT HEREWITH AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO, AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO, AND THE IDAHO STATE TAX COMMISSION PURSUANT TO IDAHO CODE SECTION 63 -2219. MOVED by Blacker, SECONDED by Hopper to waive the three reading process and pass Bill No. 17 on its first reading. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, and Wells. Those voting no: None. Absent and/or not voting: Dakan. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 17, move for its passage on the first reading, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Ozuna, Wells, Blacker and Oates. Those voting no: None. Absent and/or not voting: Dakan. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,184,923.14 for the period ending June 30, 2005 and a net payroll in the amount of $211,799.21 for the pay period ending June 25, 2005. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,184,923.14 represented by check numbers 28196 through 28462 and the total payroll in the amount of $211,799.21 represented by check numbers 7733 through 7833 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, and Ozuna. Those voting no: none. Absent and /or not voting: Dakan. MOTION CARRIED (COUNCIL COMMENTS) Councilwoman Ozuna stated that the Fourth of July Parade was really fun and she agrees that the Mayor's Youth Advisory Committee is a group of really good kids. Councilman Hopper stated that the parade and fireworks were wonderful. He stated that he is trying to set up an opportunity for Council to meet with the Pioneer Irrigation District Board to try to work through some issues. He Fh on ■ 13. 42,�4 "MERMIM"A I WOMA 0000, - WN I I rx T-7k'r: