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HomeMy WebLinkAbout2009-08-03 city council minutesBOOK 50 REGULAR MEETING AUGUST 3, 2009 7:00 P.M. PAGE 102 The Mayor asked that everyone stand for the invocation offered by Pastor Wayne Schuler of the Oregon Trail Church of God and to remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. SPECIAL PRESENTATIONS The Mayor introduced members of TRIAD, a volunteer organization with the Caldwell Police Department. He highlighted the many accomplishments and goals of this association. Each volunteer was presented with a certificate of appreciation for their dedication and active involvement within the community. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by continuing Items A, #2, #3, and #4 under Old Business to the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. An Executive Session was added pursuant to Idaho Code, Section 67 -2345, Subsection 1[c] for the purpose of discussing deliberations concerning the fire fighters' contract and Subsection 1(f) for discussing pending litigation. Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Special City Council Workshop Meetings held on July 20, and July 22, 2009; the Special City Council Meeting held on July 22, 2009; the Regular City Council Meeting held on July 20, 2009; the Employee Benefit Plan Trustee Meeting held on July 27, 2009; and the Caldwell Public Library Board Meeting held on July 2, 2009; 2. Approve Order of Decision for Case Number SUB- 193PF -09 (Faith Landing Condos #2); 3. Approve Resolution No. 115 -09 authorizing the execution of the Sewer Reimbursement Agreement with Teleos Cedar Crossing I, LLC; Kevin Howell Construction, Inc. and Sawgrass Village, LLC for constructing a portion of the Florida Avenue Sewer Trunk Line; 4. Approve Resolution No. 116 -09 authorizing the execution of a Water Meter Billing and Maintenance Agreement for Eldorado Estates Condominiums; 5. Approve Resolution No. 117 -09 authorizing the execution of the Master Agreement and Task Order No. 1 with Brown and Caldwell for analysis and design services at the Caldwell Waste Water Treatment Facility; 6. Approve execution of the Cooperative Agreement with Pioneer Irrigation as previously approved on December 1, 2008; 7. Approve Resolution No. 119 -09 authorizing the execution of the Promissory Note with Home Federal Savings for the Caldwell Airport Terminal in the amount of $450,000; 8. Approve Resolution No. 120 -09 accepting the apparent low bidder for the construction of the concrete foundation and backstop wall associated with the Albany Street & 5 Avenue Asphalt Surface Restoration Project not to exceed $25,000; 9. Approve Resolution No. 121 -09 establishing insurance rates required as part as the licensing of taxicab operations in the City; 10. Approve request from Robert Ellis of Cab It for a Taxi Cab Driver License; 11. Approve request for from Teresa West of Fat Cat Too at 123 South 7 Avenue for a Liquor, Beer, and Wine License. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented. Those voting yes: unanimous. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING TO DISCUSS THE PROPOSED TRANSFER OF CITY - OWNED REAL PROPERTY TO CANYON COUNTY KNOWN AS THE LAND UNDERLYING THE CANYON COUNTY FAIR BUILDING. THE UNDERUTILIZED PROPERTY IS PART BOOK 50 PAGE 103 OF A LARGER AREA KNOWN AS THE CALDWELL EVENTS CENTER OR CANYON COUNTY FAIRGROUNDS) By previous motion, this item was continued to the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. (CONSIDER BILL NO. 14 [ORDINANCE NO. 27971 FOR TRANSFER OF CITY -OWNED UNDERUTILIZED REAL PROPERTY KNOWN AS THE CANYON COUNTY FAIR BUILDING TO CANYON COUNTY WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. (CONTINUED PUBLIC HEARING (LEGISLATIVE): CASE NUMBER OA- 112 -09 A REQUEST BY CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO SECTIONS 10 -08 -01 THROUGH 10- 08 -03, CONCERNING THE TREE ORDINANCE, OF THE CALDWELL CITY CODE) By previous motion, this item was continued to the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. (CONSIDER BILL NO. 3 (ORDINANCE NO. 2786) FOR THE TREE ORDINANCE WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) By previous motion, this item was continued to the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. NEW BUSINESS: (ACCEPT THE TENTATIVE BUDGET AND SET THE PUBLIC HEARING FOR AUGUST 17, 2009 DURING THE REGULAR CITY COUNCIL MEETING TO BE HELD AT 7:00 P.M. TO CONSIDER THE FY -2010 TENTATIVE BUDGET) E1Jay Waite, 411 Blaine Street, presented a summary of the proposed budget. He noted that the total proposed expenditures amount to $47,686,428. Revenue from non - property tax sources to cover the expenditures amount to $32,581,809. Property tax revenues required to cover this year's budget are $12,788,161. The amount of increase over last year is the result of new construction, which will be allocated to police, fire, and street services. He emphasized that Council has determined that is not appropriate this year (or in the past) to increase taxes in conjunction with budget appropriations. The revenues are short of expenses by $2,316,458, which indicates the continuation of previously approved projects. Fund balance will be used to sustain and /or complete those projects. Mr. Waite requested that Council accept the tentative budget and set the public hearing date for August 17, 2009 during the Regular City Council Meeting to be held on 7:00 p.m. He noted that the City Clerk will publish the notice of the public hearing in the local newspaper as specified by Idaho Code. The Mayor explained that the budget reflects the proposed maximum amount that could be spent. He concurred with Mr. Waite that the proposed budget does not include any property tax increases. He noted that Council has opted not to increase property taxes for the past four years. He reported that continued capital projects had been budgeted in the current budget year or in previous years. Those dollars carry forward and must be accounted for as Fund Balance expenditure. He noted that out of the $47.6 million dollar budget, only $12.8 million (or approximately 27 percent) comes from property taxes, with the remainder coming from miscellaneous fees, public utility services, grants, state revenue sharing, and federal funds. He expressed his appreciation to staff and Council for their extensive work in preparing the current proposed budget. Mr. Waite explained that there will be no employee raises given this year as mandated by Council. MOVED by Oates, SECONDED by Hopper to accept the tentative budget and set the Public Hearing date for August 17, 2009 at 7:00 p.m. during the next Regular City Council Meeting to consider the FY -2010 Tentative Budget and direct the City Clerk to provide appropriate legal notification. Those voting yes: unanimous. MOTION CARRIED (CONSIDER ACCEPTANCE OF THE FEES IN EXCESS OF 5% OF THE AMOUNT PREVIOUSLY CHARGED AND SET THE PUBLIC HEARING FOR AUGUST 17, 2009 DURING THE REGULAR CITY COUNCIL MEETING TO BE HELD AT 7:00 P.M.) E1Jay Waite, City Finance Director at 411 Blaine presented the schedule of new and/or increased fees in excess of five percent (5 %). He stated that the Recreation Fees basically represent new classes and noted the other fees listed are from the Planning and Zoning and City Clerk departments. He requested BOOK 50 PAGE 104 that these fees be considered during a public hearing on August 17' during the Regular City Council Meeting. In response to questions from Councilman Hopper, Mr. Waite stated that the increased fees from the Recreation Department have been by request of the instructors. MOVED by Hopper, SECONDED by Oates to set the Public Hearing date to consider new and increased fees in excess of five percent (5 %) of the amount previously charged at the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER SUB - 156E -06 A REQUEST BY L- 202-1 ID PEREGRINE ESTATES AND LANDMARK ENGINEERING AND PLANNING FOR A TIME EXTENSION FOR PEREGRINE ESTATES SUBDIVISION. THIS SITE IS LOCATED ON THE EAST SIDE OF LAKE AVENUE APPROXIMATELY '/4 MILE SOUTH OF KARCHER ROAD) The Mayor outlined the quasi - judicial process and asked the City Clerk to swear in those who would be giving public testimony. Councilman Hopper stated that he would abstain from the public hearing due to a conflict of interest in the subject property. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the facts as stated within the staff report. She reported that construction drawings of Phase I of Peregrine Estates were submitted to the Engineering Department in 2007 and approved in June 2008. Following that approval, Lakeview Elementary School proceeded with their construction, which was previously part of Phase I of Peregrine Estates. Therefore, since the school construction was completed separate from Phase I, the construction drawings previously approved have been nullified. New construction drawings for Phase I must be submitted and approved without inclusion of the school site. She noted that complaints have been received concerning weeds at the site. Contact has been made with the farmer and owner concerning this violation of City Code. It was indicated by the bank, who is the current owner, that the farmer would be removing the weeds within the week. Ms. Skinner continued by emphasizing that the parcel was previously zoned R -1 (low density residential) and the approval or denial of the extension does not affect the zoning classification. In response to questions from Councilman Blacker, Ms. Skinner noted that the water line extended down Lake Avenue by the school district. She also reported that this development was denied by Council and went into a mediation process. Extensive work was done between the developer at the time and the neighboring property owners. Clint Boyle, 332 North Broadmore Way, Nampa acknowledged being sworn in and spoke in favor of the request. He confirmed that the weed control issue will be resolved within the week. The property is in a transitional phase concerning the parcel ownership and is currently being managed by the bank. In response to questions from Councilman Blacker, he stated that Landmark Engineering has been contracted by a different financial group rather than the original developer that initially filed the application. In response to questions from the Mayor, Ms. Skinner noted that the Planning & Zoning Commission denied the request based on lot sizes. Gregory Davies, 15381 Lake Avenue, acknowledged being sworn in and stated his concern regarding lack of weed control at the site. Nancy Henry, 15049 Agape Way, acknowledged being sworn in and spoke in opposition to the request. She stated her concerns regarding weed control and lot sizes. She presented past history facts concerning her testimony at previous public hearings and the mediation process with the previous developer regarding various issues. She recommended denial of the request. In response to questions from Ms. Henry, the Mayor stated that he is not aware if the owner has paid the tax assessment for the property. Dean House, 15086 Lake Avenue, acknowledged being swom in and spoke in opposition to the request noting the weed control violation, traffic concerns, and reduction of property values within the surrounding area. Karen House, 15086 Lake Avenue, acknowledged being sworn in spoke in opposition to the request noting the weed control violations on the site property within the last few years. In rebuttal, Cliff Boyles stated that he understood the neighbors' concerns regarding weed control. The weed issue will be resolved this week. BOOK 50 PAGE 105 MOVED by Blacker, SECONDED by Dakan to close the public testimony portion of the hearing. Those voting yes: unanimous. Those abstained: Hopper. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-1 56E-06: The Mayor presented the Evidence List: staff report, preliminary plat, and sign -up sheets. MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented. Those voting yes: unanimous. Those abstained: Hopper. 1010,1111►[MIU)0IM411H)a0 #A MOTION CARRIED MOVED by Blacker, SECONDED by Oates to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list that was provided and would note that there has been a great deal of disagreement and difficulty with the residents concerning the subject property in the past (not necessarily with the new owners). Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear this case and to make the decision 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: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB - 156E -06: MOVED by Oates, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 156(E) -06, a request by L -202 -1 ID Peregrine Estates and Landmark Engineering and Planning for a time extension for Peregrine Estates Subdivision is approved with the conditions as outlined in the staff report. Discussion followed concerning the outstanding issues regarding weed violations and the new ownership of the parcel. Roll call vote. Those voting yes: Oates, Callsen, and Dakan. Those voting no: Sobba and Blacker. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. Those abstained: Hopper MOTION CARRIED Councilman Hopper inquired of staff concerning the nullification of Phase I in conjunction with the time extension. Ms. Skinner explained that the construction drawings would be submitted to the Engineering Department indicating the school's completion. She noted that the revised construction drawings do not result in a "re- plat" of the development. (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER SUB - 159E -06 A REQUEST BY PATRA PROPERTIES, BINGO INVESTMENTS AND LANDMARK ENGINEERING AND PLANNING FOR A TIME EXTENSION FOR ASPEN FALLS SUBDIVISION. THIS SITE IS LOCATED ON THE EAST SIDE OF FARMWAY AND SOUTH OF USTICK ROAD) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the facts as stated within the staff report. She noted that the Planning & Zoning Commission denied the request based on the lot size and access to the site. She stated that staff recommends denial of the request based on access issues, which affect safety and traffic flow to the site. Brent Orton, 621 Cleveland Blvd., acknowledged being sworn in and outlined reasons by staff concerning traffic issues in conjunction with the recently approved Access Ordinance. In response to questions from the Mayor, he stated that the current access points along Ustick and Farmway Road would not be in the best interest of the city due to safety reasons. Ms. Skinner read into the record a letter of opposition from Louise LaDuke, which the Mayor labeled as CC -1000. Clint Boyle, 332 North Broadmore Way, Nampa acknowledged being sworn in and spoke in favor of the request. He presented a large map of the site, which the Mayor labeled as CC -1001. He noted that the construction drawings were prepared under a previous owner /developer. He noted that the average lot size within the development is 7,883 square feet. The site contains such amenities as micro -path BOOK 50 PAGE 106 connections, a major pathway that runs from Bear Lane to Farmway and another one that runs from the school site and out to Farmway, detached sidewalks, a public school site, two playground tot lots, and two swimming pools. Mr. Boyle continued: The development includes approaches along Farmway, Bear Lane, and Laster Lane. He stated that the approaches along Farmway could be removed and additional accesses could be allowed along Laster Lane, which would comply with the Access Management Ordinance. Sheryl Willey, 310 Kiser Lane, acknowledged being sworn in and spoke in opposition to the plan. She complimented the owner on the development but noted its wrong timing and location. She noted concerns regarding the incapability of the development with the surrounding area She asked that Council require the completion of partially developed subdivisions within City limits before granting new requests or extensions on existing subdivisions. Karin Jensen, 4712 Bear Lane, acknowledged being sworn in and spoke in opposition to the plan. She questioned if Bingo Investments is a registered corporation within the State of Idaho? She expressed her concern with weed violations on the parcel. She asked if there ever was a site hearing concerning the school development and if the two properties near Laster Lane (which were recently sold in a foreclosure auction) are part of the development. Traffic safety issues along Homedale / Farmway and Ustick Road are of concern as well. In response, Ms. Skinner noted that Bingo Investments (Bellevue, Washington) and Patra Properties (Eagle, Idaho) are co- owners of the development. The weed control issue has been reported to the developer and they will be removed within the week. In rebuttal, Clint Boyle addressed stated issues to include the weed control complaints, which have been handled through the developer. He noted that he is not knowledgeable concerning licensing requirements that a corporation must follow within the State of Idaho. He reported that the lots which abut Orchard Heights have a minimum size standard of 10,000 square feet as well as a landscape buffer. The site selection of the school was shown on the preliminary plat indicating ample open space around the school. The school has not acquired their special use permit as of yet, so neighbors would be able to voice their opinion at such time when a public hearing is scheduled for that request. Discussion followed concerning an acceptable plan for approaches to the site. Safety and connectivity matters were reviewed in light of being in the best interest of the City. MOVED by Dakan, SECONDED by Oates to continue the hearing until the next Regular City Council Meeting to be held on August 17, 2009 at 7:00 p.m. allowing the developer and staff to dialogue acceptable access approaches to the site. Those voting yes: unanimous. (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,781,634.77 for the pay period ending July 29, 2009 and a net payroll in the amount of $323,281.50 for the pay period ending July 18, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,781,634.77 represented by check numbers 61846 through 612325 and the total payroll in the amount of $323,281.50 presented by check numbers 18021 through 18176 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR'S COMMENTS) The National Night Out Celebration at Virginia Park Subdivision will be held on Tuesday, August 4 The Mayor's Youth Advisory Council Meeting will be held at 6:00 on Wednesday, August 5"'. This is the organizational meeting concerning projects for the upcoming year. The dedication ceremony for the Caldwell Train Depot historical marker will be held on Friday, August 7 at 5:00 p.m. in conjunction with the Friday Night Express event. The Blues on the Banks event will be held at Indian Creek on August 15 The Music of the Vine and the Bent Fork will host the event on Friday, August 14th. BOOK 50 PAGE 107 (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1[C] FOR THE PURPOSE OF DISCUSSING DELIBERATIONS CONCERNING THE FIRE FIGHTERS' CONTRACT AND SUBSECTION 1 [F] FOR DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 9:09 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing deliberations concerning the fire fighters' contract and Subsection 1(f) for discussing pending litigation. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into regular session. Those voting yes: unanimous. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Oates to adjourn at 9:34 p.m. Those voting yes: unanimous. APPROVED AS written THIS 2009. Councilperson Councilperson Councilperson ATTEST: MOTION CARRIED DAY OF AUGUST Mayor Councilperson Councilperson Councilperson City Clerk