The URL can be used to link to this page

Home My WebLink About2005-08-01city council minutesBOOK 46 REGULAR MEETING AUGUST 1, 2005 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Mayor asked that everyone stand for the Pledge of Allegiance to the Flag. PAGE 68 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 move Item #2 from the Consent Calendar to Item #lA under New Business. 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 June 20, 2005 Regular City Council Meeting and approve as written; 2. Approve Resolution No. 95 -05 accepting a Temporary Turn - Around Easement from Dyver Development, L.L.C. for Virginia Park Subdivision No. 4; 3. Approve Resolution No. 94 -05 accepting a partial vacation of a Lot Line Easement along the Easterly boundary of Lot 1, Block 6, of the Aspen Subdivision Unit No. 1; 4. Approve Resolution No. 93 -05 adopting and authorizing the Mayor and Police Chief to execute an Addendum No. 1 to the April 28, 2003 Mutual Aid / Joint Powers Agreement. MOVED by Oates, SECONDED by Hopper to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED OLD BUSINESS None. NEW BUSINESS (APPROVE CONTRACT SERVICES AGREEMENT WITH KLEINFLEDER, INC. FOR THE BROWNFIELDS ASSESSMENT PROJECT) MOVED by Ozuna, SECONDED by Hopper to amend the agreement to include a confidentiality agreement. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 108(1)F -04 [PHEASANT RUN SUBDIVISION NO. 11, A REQUEST FOR FINAL PLAT APPROVAL TO DEVELOP 45 RESIDENTIAL LOTS AND 8 COMMON LOTS ON APPROXIMATELY 11.83 ACRES IN A R -1 [SINGLE- FAMILY RESIDENTIAL] ZONE. THE SITE ABUTS KCID ROAD AND APPROXIMATELY 1,860 FEET NORTH OF LINDEN STREET. AND IF APPROVED, FOR COUNCIL TO AUTHORIZE THE MAYOR TO ADMINISTRATIVELY REVIEW AND SIGN THE ORDER OF DECISION) The Mayor declared the Public Hearing open. Melodic Halstead, 621 Cleveland Blvd, acknowledged being swom in and gave the staff report. She read a letter that was received from Arvid Salisbury, 2303 KCID Road, regarding boundary issues into the record. Halstead also read a memo addressed to Debbie Geyer from Darrin Hibbs concerning a bond in the amount of $126,932.79 for remaining items. The Mayor entitled the letter from Arvid Salisbury as CC -1000 and entitled the memo from Darrin Hibbs regarding the bonding amount as CC -1001. Clint Boyle, Landmark Engineering and Planning, 104 9"' Ave. South, Nampa, acknowledged being sworn in. He agreed with the staffreport and noted that this project was well on its way. He addressed the issues that Mr. Salisbury BOOK 46 PAGE 69 was concerned with and assured him that the surveyors were confident with the boundaries that have been set. He did mention that Idaho Power had set some stakes along KCID Road for their facilities and he believed this might be what misguided Mr. Salisbury to feel that the boundaries were wrong. Arvid Salisbury, 2303 KCID Road, acknowledged being sworn in. The south boundary of the Subdivision, which would be the north boundary of his property line, runs on an angle and is about a foot and a half south of what the line was surveyed at a few years ago. He had questions about weed control and what type of fencing would be used. Boyle stated that he would be happy to work with Mr. Salisbury on these issues and to make sure that Mr. Salisbury is comfortable with the property lines. Boyle noted that the weed control would comply with Caldwell ordinances and that he wasn't sure of the style or material of fencing that was going to be used. MOVED by Hopper, SECONDED by Oates to close the public testimony portion of this Public Hearing. 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 EVIDENCE LIST: The Mayor presented the Evidence List: Staff report, sign -up sheets, final plat, CC -1000 (a letter from Arvid Salisbury), and CC -1001 (a memo from Darrin Hibbs regarding the bonding amount). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, public testimony that was given tonight, the evidence list as approved, and note that the concerns of Mr. Salisbury are intended to be answered by the applicant and developer. 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 CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to approve or deny and the Public Hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 108(1)F -04, a request for final plat approval of Pheasant Run Subdivision No. 1 to develop 45 residential lots and 8 common area lots is approved and authorizes the Mayor to review and sign the Order of Decision administratively. 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 Oates, SECONDED by Blacker to close the public hearing. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED (CONSIDER BILL NO. 24 [ORDINANCE NO. 25591 ANNEXING MONTECITO PARK NO. 2 PUD SUBDIVISION INTO THE MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS AND PASS ON THE FIRST READING.) Council President Hopper read the Bill No. 24 by the title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT FOR CITY TO POOL WATER RIGHTS AND TO APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Ozuna, SECONDED by Blacker to waive the three reading process and pass Bill No. 24 on its first reading. BOOK 46 PAGE 70 Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates and Hopper. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED MOVED by Dakan, SECONDED by Oates to pass Bill No. 24 on its first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED (ACCEPT THE TENTATIVE BUDGET AND SET THE PUBLIC HEARING FOR AUGUST 15, 2005 DURING THE REGULAR CITY COUNCIL MEETING) The Mayor asked that President Hopper conduct this part of the agenda and noted that he would act as staff. Garret Nancolas, Mayor of the City of Caldwell, 621 Cleveland Blvd, declared that he representing Caldwell staff regarding the budget. The Mayor gave a summary of the public hearing process for the tentative budget for the Fiscal Year 2006. The proposed expenditures for FY 2006: General Fund is $13,433,731. This budget includes five (5) new police officers and one position within the Police Department being changed from a part-time to a full -time position. The Mayor also reminded Council that the Superintendent of Golf, which is not in the General Fund, would be reinstated in this upcoming fiscal year. The proposed revenue for FY 2006: General Fund is expected to be $6,730,402 for non - property tax revenue and property tax revenue of $6,621,700. The total proposed expenditures and revenues represent a balanced budget at $51,018,203. The Mayor also gave the amounts for proposed personnel expenditures, maintenance and operation expenditures, capital expenditures, and other expenditures. Councilman Wells commented that there are some things held in contingency that will have to be addressed throughout the year in order to keep a handle on the overall expenditures. The Mayor agreed with Councilman Wells and indicated that the premium for ICRMP Insurance went up in cost, but in doing so, it also covered all of the buildings in the City. MOVED by Oates, SECONDED by Dakan to accept the tentative budget and set the Public Hearing for August 15, 2005 at the Regular City Council Meeting. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED (CONSIDER ACCEPTANCE OF THE NEW FEE SCHEDULE FOR THE CITY AND SET THE PUBLIC HEARING FOR AUGUST 15, 2005 DURING THE REGULAR CITY COUNCIL MEETING) The Mayor stated that Mr. Waite asked him to not set the Public Hearing for August 15, 2005 and asked that it be continued to the next City Council Meeting. MOVED by Oates, SECONDED by Dakan to continue this item for a time and date certain, which is August 15, 2005 at 7:00 p.m. at the Regular City Council Meeting. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: None. MOTION CARRIED (CONSIDER BILL NO. 25 [ORDINANCE NO. 25601 TO AMEND THE CALDWELL CITY CODE, CHAPTER 3, ARTICLE 1, PERTAINING TO SALARIES WITH THE REQUEST TO HAVE THIS STAND AS THE FIRST READING) Councilman Hopper read Bill No. 25 by title only: AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO THE GENERAL PROVISIONS BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTION 03 -01 -05 (1) PERTAINING TO SALARIES OF ELECTIVE OFFICERS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. Hopper recognized that there was some discussion of this at the Budget Hearing and he wanted to inform Council, for the record, that he was personally not in favor of the increase for the Council. MOVED by Blacker, SECONDED by Oates to have this stand as the first reading of Bill No. 25 (Ordinance No. 2560). Councilman Wells stated that from an economic point -of -view, the Mayor and Council's wages are less than the standard of what other council members are making. This has come forward as a recommendation from City staff. The Mayor noted that his comments during the Budget Hearings were that the Council Members are very hard working individuals and the countless hours spent at meetings, boards and commissions. He mentioned that regarding his own wage increase, the reason he argued for less money as opposed to more money, was only because he felt that he needed to be consistent with the raises that were given to employees during that same period of time. - r P -on I '7�jr7.'9�;f. •..: =wx.� }YeY+4 ?� '1a. " ��- '}8.�d. •'�L 7dycYL' �7�fx yp; _a9Gs:f*' 'W ' z;W'Rm- :.g;.r t.�.��r ri�,.r_:. - yLIU �r ^` }7Fi£;i�*�'.� �YFi ro`'42•' Ys'�'�y 41 1 plow �'• ., .!1'k,�a } �k'kT'�:t.. �rY$4 , � ' - .�i F ' • `��ti Ty 'k• 1#` *�id'7�'�}4�� a176'3!"�?Q ; ,nf f'�r�1'�u �,w: �er`�+.�'�c• . 'L' ;SS:. '4f_r , '.' s:•}5'r�•^ ?;* o-'' —� `, x :d,�#J7¢ iYf..� . V' ��3'! av�f� "�3±Ff'$• }'�fi�3- '°. 'R` - •r � I` � �F' '�~r'{�.�'rti �'h•.11� ��x}T pl y{, 7r , � •�.^�' 1'" � i � - � }s-21Ft.ty 4_ M1 4� Y � I mA l l r — f 71M1 w % - Ji e� r ,�r4' :7144