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HomeMy WebLinkAbout2005-08-15city council minutesBOOK 46 REGULAR MEETING AUGUST 15, 2005 7:00 P.M. The Meeting was called to order by Mayor Nancolas. PAGE 85 The Invocation was offered by Pastor Don Bertelsen of The Oregon Trail Church of God. 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: Dakan, Wells, Blacker and Oates. Absent: Hopper SPECIAL PRESENTATIONS Employee of the Month was presented to Chelle Sperry of the Police Department. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Blacker to add an Executive Session under New Business for the purpose of discussing land acquisition. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: Hopper. 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 July 5, 2005 and the August 1, 2005 Regular City Council Meetings and approve as written; 2. Approve acceptance of the minutes from the Caldwell City Traffic Commission meeting held on August 1, 2005; 3. Approve Resolution 96 -05 accepting a Power Line Easement and Agreement with Idaho Power Company; 4. Approve Resolution 97 -05 accepting a Temporary Turn - Around Easement from Dyver Development, L.L.C. for Virginia Park Subdivision No. 5; 5. Approve Resolution 98 -05 accepting a Utility Easement from Glade & Nancy Going for Aspens Subdivision No. 1, Lot 2, Block 6; 6. Approve Award of Bid for pumps and motors to Priest Electric and electrical work to connect these motors to A.M.E. Electric; 7. Approve the resignation of Larry E. Thompson from the Caldwell Housing Authority Board of Directors. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as printed. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED OLD BUSINESS (CONSIDER ACCEPTANCE OF THE NEW FEE SCHEDULE FOR THE CITY AND SET THE PUBLIC HEARING FOR SEPTEMBER 6, 2005 DURING THE REGULAR CITY COUNCIL MEETING) El Jay Waite, 621 Cleveland Blvd, City Finance Director, presented the new fee schedule for this year. Waite noted that the Mayor would like the engineering, mapping and fire department fees to be reviewed one more time to assure conformance. The Mayor noted that any new fees, like the new karate program in the Recreation Department, would need to be noticed on the new fee schedule. MOVED by Oates, SECONDED by Blacker to set the Public Hearing for September 6, 2005 and to accept the new fee schedule for the City of Caldwell. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Dakan, SECONDED by Oates to close the public testimony portion of the public hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED BOOK 46 PAGE 86 (PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 50 -1002 FOR CONSIDERATION OF THE PROPOSED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006) The Mayor declared the Public Hearing opened. E1Jay Waite, 621 Cleveland Blvd, City Finance Director gave a summary of the budget. He mentioned that this summary was published in the newspaper twice, seven days apart. In the General Fund — four (4) police officers, two (2) street crime officers, one (1) detective, one (1) community service officer, and one (1) new firefighter have been added. There is a projected 3.5% wage increase for all City employees and the City Attorney fees will also increase. In the Street Department — engineering costs for Exit 29 will be paid for by the city. In the Community Development Block Grant Fund - a grant is anticipated for the Train Depot Restoration. In the Capital Improvements Fund - a new fire engine, four (4) new police cars and the beginning final phase of park construction for the completion of all city parks that were in existence have been budgeted. In the Sewer Fund - enhanced sewer lines and pumping stations that will be installed in a major construction project east of the Freeway, down Hwy 20 -26 have been budgeted. The health insurance costs for the City employees have increased by 9.5 %. Wells asked if the issue with the animal fees with the county had been resolved. Waite reported that he believed that the Mayor had spoken with Tom Dale, Mayor of Nampa, and he'll have an appraisal for that, which would come from the contingency funds. The Mayor acknowledge the efforts of Council in putting this budget together, as well as the efforts of the department heads and Mr. Waite. MOVED by Dakan, SECONDED by Oates to close the public testimony portion of the public hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED (CONSIDER BILL NO. 26 [ORDINANCE NO. 25611 THE APPROPRIATION ORDINANCE FOR FISCAL YEAR 2005 -2006 WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS ON THE FIRST READING BY TITLE ONLY) The Mayor read the Bill No. 26 by Title Only: APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNNING OCTOBER 1, 2005 APPROPRIATING THE SUM OF $51, 018,203 TO DEFRAY THE EXPENSE AND LIABLITIES OF THE CITY OF CALDWELL, IDAHO FOR SAID FISCAL YEAR AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. MOVED by Dakan, SECONDED by Blacker to waive the three reading process and pass Bill No. 26 on the first reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Dakan, SECONDED by Oates to sponsor Bill No. 26 and move for its passage Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and /or not voting: Hopper. 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 WAIVE THE THREE READING PROCESS AND PASS ON THE SECOND READING) The Mayor 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 GENERAL PROVISIONS BY DELETING AND ADDING CERTAIN LANGUAGE IN SECTION 03 -01 -05 (1) PERTAINING TO SALARIES OF ELECTED OFFICERS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HERE WITH. MOVED by Dakan, SECONDED by Oates to waive the three reading process and pass Bill No. 25 on the second reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Dakan, SECONDED by Oates to sponsor Bill No. 25 and move for its passage. BOOK 46 PAGE 87 Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and/or not voting: Hopper. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 24 (ORDINANCE NO. 2559) ANNEXING MONARCH SUBDIVISION NO. 3 INTO THE MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE THREE - READING PROCESS AND PASS ON THE FIRST READING) Ben Weymouth, 621 Cleveland Blvd, Assistant City Engineer reported that this annexation compromises 78 lots including 4 common lots. The Mayor read Bill No. 24 by title only: AN ORDINACE 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 OF COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Oates, SECONDED by Blacker to waive the three reading process and pass Bill No. 24 on the first reading. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to sponsor Bill No. 24 and move for its passage Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or not voting: Hopper. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] TO HEAR CONCURRENTLY CASE NOS. SUB /PUD- 119P -05 AND OA- 68 -05, REQUESTS BY LAND GROUP, INC., FOR PRELIMINARY PLAT APPROVAL OF 75 RESIDENTIAL LOTS, 8 COMMERCIAL LOTS, AND 4 COMMON LOTS ON 30.86 ACRES IN A C -3 [SERVICE COMMERCIAL] ZONE AND A ZONING ORDINANCE TEXT AMENDMENT FOR THE PURPOSE OF REQUESTING REDUCED FRONTAGE REQUIREMENTS FOR MULTI - FAMILY RESIDENTIAL DEVELOPMENT) The Mayor explained the quasi - judicial process. The City Clerk swore in those signed up to speak. Debbie Geyer, 621 Cleveland Blvd, acknowledged being swom in and noted that there was a typographical error in the agenda; there are actually 75 residential lots instead of 83. Geyer gave the staff report noting that it was actually Melodic Halstead and Wendy Kirkpatrick that worked directly with the applicant. The location of the development is on Cleveland Blvd. in the proximity of Hoffman Lane. It is currently zoned C -3 and the request would be to have it remain so. There was a special use that was already approved prior to this hearing by the Planning and Zoning Commission, which allowed for multi - family use within the C -3 zone. Geyer reported that all parking and landscape areas would be covered with a cross access easement and maintenance agreements that would allow for parking. The commercial sites would be developed to accommodate professional offices, which would include: medical, dental, optical, banks, daycare centers, mortuaries, restaurants, retail stores, and so forth. There is a layout that would work with the multi - family use and there is an ordinance amendment attached to this project, which would apply (10.03.8). The new language would read, "the reduction of frontage widths to twenty feet may be considered by City Council for multi - family uses within the R -3 and C -3 zoning districts on a case -by -case basis. The reduction in frontage must be applied as a part of subdivision/planned unit development application." Wells questioned the purpose of the text amendment. Geyer stated that the purpose is to change the street frontage from a sixty foot or seventy -five foot frontage, depending on whether it's an interior or comer lot. This text amendment would reduce the street frontage down to twenty feet on a case -by -case basis. Wells asked why a planned unit development (PUD) was being sought. Geyer reported that a PUD allows the applicant to mix the use with the commercial and residential zoning. Kerby Kirkham, 462 E. Shore Drive, Eagle acknowledged being sworn in and gave a brief history of the development process. Kirkham noted that the twenty -foot frontage came from a meeting with the applicant, Mr. Law and Mr. Weymouth. Wells asked about the amenities. Kirkham reported that the amenities would be in the form of a clubhouse and the amount of open space. Wells asked where the pathways would be located. Kirkham stated that there would be a pathway looped around the back to intersect with the clubhouse. He also noted that the path would be fenced off from the railroad. BOOK 46 PAGE 88 Dakan asked who the clubhouse would be owned and operated by. Kirkham reported that the clubhouse, as well as the landscaping and parking, would be owned /operated by the homeowners association. Michael Rodriguez, 4470 E. Colombia Way, Meridian acknowledged being swom in and expounded on some of the amenities. The buildings will be solid stucco and of high quality. MOVED by Wells, SECONDED by Dakan to close the public testimony portion of the public hearing. Roll call vote. Those voting yes: Wells, Blacker, Oates, and Dakan. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED EVIDENCE LIST FOR SUB/PUD- 1 19P-05 AND OA- 68 -05: The Mayor presented the Evidence List: Staff report, sign up sheets and the Faith Landing drawing. MOVED by Dakan, SECONDED by Oates to accept the Evidence List as presented. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT FOR OA- 68 -05: MOVED by Dakan, SECONDED by Blacker to submit as Findings of Fact the facts as outlined in the staff report and the public testimony that has been given this evening. Roll call vote. Those voting yes: Dakan, Wells, Blacker and Oates. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW FOR OA- 68 -05: MOVED by Dakan, SECONDED by Oates that the Caldwell City Council has the authority to hear this case and to approve or deny. The public notice requirements were met and the hearing was conducted within the guidelines of applicable codes and ordinances. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION FOR OA- 68 -05: MOVED by Dakan, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders in Case No. OA- 68 -05, a request by Faith Landing representative, Kerby Kirkham, to amend the Caldwell Municipal Code by adding afootnote to 10 -02 -03 — Height Setback and Area Schedule, is approved. Roll call vote. Those voting yes: Dakan, Wells, Blacker and Oates. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR SUB/PUD- 1 19P-05: MOVED by Wells, SECONDED by Oates to adopt the Comprehensive Plan Analysis as presented in the staff report. Roll call vote. Those voting yes: Wells, Blacker, Oates, and Dakan. Those voting no: none. Absent and /or not voting: Blacker. MOTION CARRIED FINDINGS OF FACT FOR SUB/PUD- 1 19P-05: MOVED by Blacker, SECONDED by Oates to submit as Findings of Fact the facts as outlined in the staff report, the public testimony that has been given this evening, the evidence list as approved and the fact that no one has testified in opposition to the application. Roll call vote. Those voting yes: Blacker, Oates, Dakan, and Wells. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW FOR SUB/PUD- 1 19P-05: MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear this case and to approve or deny. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho codes and City ordinances. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION FOR SUB /PUD- 119P -05: MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB/PUD- 1 19P-05, a request for approval of a preliminary plat of the PUD Faith BOOK 46 PAGE 89 Landing with 75 multi - family, 8 commercial, and 4 common lots with conditions outlined in the staff report, is approved. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close this public hearing. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Wells reported that the Finance Committee has reviewed current accounts payable in the amount of $1,267,328.68 for the period ending August 11, 2005 and a net payroll in the amount of $199,658.65 for the pay period ending August 6, 2005. MOVED by Wells, SECONDED by Blacker that accounts payable in the amount of $1,267,328.68 represented by check numbers 29079 through 29359 and the total payroll in the amount of $199,658.65 represented by check numbers 8116 through 8206 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, and Dakan. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED (COUNCIL COMMENTS) Dakan reported that he met with the Senior Citizen's Board and they are very thankful for the replacement of the compressor that was out. Their funds are going to be cut from the state, so they will be organizing some fundraisers. Blacker stated that the applications for the YMCA's commission are very optimistic and is moving forward with CEDC. The Friends of the Depot proj ect is very positive and it looks like it will come in under budget. (MAYOR'S COMMENTS) This is the week of Caldwell Night Rodeo! The Buckaroo Breakfast is every morning and the Kawana's Chuck Wagon is every evening. Thursday evening is the Mayor's VIP dinner. The YMCA ceremony is this Thursday at 11:30 a.m. at the site. It's a huge event and it is scheduled to officially open on October 1, 2005. This Friday the Mayor's Golf Tournament will be held at Purple Sage to raise money for the Youth Community Service Scholarship. The next City Council Meeting will be September 6, 2005 (Tuesday) due to the celebration of Labor Day on September 5, 2005. On September 16, 2005 from 9:00 a.m. to 3:00 p.m. is the AIC Legislative Meetings in Boise. On September 15, 2005 the City Health and Wellness Fair with take place at the Police Station. (EXECUTIVE SESSION PERSUANT TO TITLE 67 -2345 FOR THE PURPOSE OF DISCUSSING LAND ACQUISITION) MOVED by Oates, SECONDED by Blacker to move into Executive Session. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into the regular session. Roll call vote. Those voting yes: Oates, Dakan, Wells, and Blacker. Those voting no: None. Absent and/or not voting: Hopper. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 9:10 p.m. Roll call vote. Those voting yes: Dakan, Wells, Blacker, and Oates. Those voting no: None. Absent and /or not voting: Hopper. MOTION CARRIED k sL. t.r I 'I. k + h w a 0 I 0 WRW 0 m m � —rd �