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HomeMy WebLinkAbout2003-08-18city council minutesREGULAR MEETING AUGUST 18, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Don Renschler of Canyon Hill Church of the Nazarene. The Mayor asked that everyone remain standing for the Pledge of Allegiance to the Flag, led by Calvin and Devin Erickson. The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Absent: none. SPECIAL PRESENTATIONS The Mayor recognized and presented a proclamation honoring the accomplishments of the Caldwell Blue Baseball Team and designating August 18, 2003 at Caldwell Blue Day. He recognized the ability of these players to excel as a team with hard work, commitment, and dedication. The Mayor stated that it is an honor when we have a group of young men who have represented the city the way they have this past season. The Mayor also acknowledged the coaches who take time away from their personal lives to teach these young men good principles. The team won two tournaments locally, took third place, and went to the regional tournament in Kennewick, WA where they placed fifth. The Mayor also acknowledged the family members of the team members. He stated that it is very exciting what the team has accomplished and he thanked all the parents, coaches, and businesses that have supported these young men. The Mayor introduced Albert Erickson, a Caldwell Police Officer who just returned to the city after almost two years serving in the Armed Services. Erickson read a letter he wrote and presented a flag to the Caldwell Police Department. He stated that the flag is dedicated to the heroes of the Caldwell Police Department. Chief Sobba accepted the flag on behalf of the department and stated that the flag will be displayed with pride on a board in the Police Department. The Mayor thanked Erickson for defending the freedoms and rights we all enjoy in this great nation and for putting himself in harms way to protect those freedoms. The Mayor congratulated the Boy Scouts in the audience who are working toward the rank of Eagle Scout. ADDITIONS OR DELETIONS TO THE AGENDA Councilman Hopper stated that item #5 under Old Business will be continued to the regular meeting on September 15, 2003. MOVED by Ozuna, SECONDED by Callsen to approve the Agenda as presented. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED 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 August 4, 2003 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Caldwell Public Hearing before Hearing Examiner held on June 25, 2003; 3. Approve Resolution No. 68 -03 authorizing execution of a Cancellation of Airport Tenant Agreement with Max Barker; 4. Approve Resolution No. 69 -03 authorizing execution of a Cancellation of Airport Tenant Agreement with Richard J. Colliander; 5. Approve Resolution No. 70 -03 authorizing execution of an Airport Tenant Agreement with Joseph A. Willmus; 6. Approve Resolution No. 71 -03 authorizing execution of an Airport Tenant Agreement with Alpha Aviation, Inc.; 7. Approve Resolution No. 72 -03 authorizing execution of an Airport Tenant Agreement with T & C Aircraft, Inc.; 8. Approve Resolution No. 74 -03 authorizing execution of a Cancellation of Airport Tenant Agreement with Edwin D. or Robin M. Studt; 9. Approve Resolution No. 75 -03 authorizing execution of an Airport Tenant Agreement with Mike L. Reed; 10. Approve Resolution No. 73 -03 authorizing execution of Task Order No. 7 — Technical Specification for Removal and Replacement of Exterior Coating Systems on Canyon Hill Water Tower with CH2MHILL: RESOLUTION NO. 73 -03 BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor and Clerk of said city are hereby authorized to execute certain agreement titled "Task Order No. 7 — Technical Specification for Removal and Replacement of Exterior Coating Systems on Canyon Hill Water Tower", by and between said city and CH2MHILL, which agreement is for consultant services to prepare technical specifications to remove and replace the existing water tank coating, and which agreement is attached hereto, and made a part hereof, as if set forth in full. 11. Ratify the action of the Traffic Commission in regards to the request by Caldwell School District; and 12. Approve continuation of legal services with Hamilton, Michaelson & Hilty, LLP for a monthly retainer of $13,000. MOVED by Dakan, SECONDED by Hopper to approve the Consent Calendar as written. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (SECOND READING OF BILL NO. 24 [ORDINANCE NO. 24771 AMENDING THE CALDWELL CITY CODE PERTAINING TO SALARIES FOR ELECTED OFFICIALS WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS ON THE SECOND READING) The Mayor read Bill No. 24 (Ordinance No. 2477) 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 HEREWITH. MOVED by Dakan, SECONDED by Ozuna to accept this as the Second Reading of Bill No. 24 (Ordinance No. 2477), waive the three reading process and pass on the Second Reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna.. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Hopper to sponsor Bill No. 24 (Ordinance No. 2477) and pass on the Second Reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SECOND READING TO CONSIDER BILL NO. 25 [ORDINANCE NO. 24781 AMENDING THE CALDWELL CITY CODE PERTAINING TO AMENDMENTS TO ELECTIONS WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS ON THE SECOND READING) The Mayor read Bill No. 25 (Ordinance No. 2478) by title only: AN ORDINANCE TO AMEND CHAPTER 1, ARTICLE 7 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; PERTAINING TO AMENDMENTS TO ELECTIONS, SECTION 01 -07 -05 (1), (2), AND (3), BY ADDING AND DELETING CERTAIN LANGUAGE; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Callsen to accept this reading as the Second Reading of Bill No. 25 (Ordinance No. 2478), waive the three reading process and pass on the Second Reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 25 (Ordinance No. 2478) and pass on the Second Reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING, PURSUANT TO IDAHO STATE CODE 50 -1002, FOR CONSIDERATION OF THE PROPOSED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004) The Mayor explained the Public Hearing process, the sign up sheets, and testimony. E1Jay Waite, Finance Officer for the City of Caldwell, 621 Cleveland Blvd. gave the staff report. Waite stated that this hearing has been duly posted to review the budget proposed for the Fiscal Year 2004. This is unchanged from what was presented in the tentative budget. There is no property tax expected above the normal growth so there has been no 3% added to the property tax and the taxpayers should see relatively stable levy rates in this coming years' taxes. We have been true to commitments made to employees for salaries, benefits, and wages. Projects within the city will be continued and completed with very few new projects coming on. There are no new employees scheduled in this budget on afull time basis. The Mayor stated that this city is very fortunate to have employees who understand efficiency and effectiveness and who work very hard to work within the budgets that the Council has set. The Council listens very carefully to the priorities that the community has asked of them to consider. The council members, along with the appointed officials, have done an extremely good job of presenting a budget this year that fulfills the commitments to the employees and provides a good place to live. There is a commitment to the citizens of this community to make sure that we have hired and maintain educated, trained employees to serve our community. The Mayor stated that he is proud to be associated with this Council and the City employees. He also stated that he is very proud of the citizens of Caldwell who put in so many volunteer hours and serve on committees. With everyone working together we can continue to improve the quality of life and still be fiscally responsible. MOVED by Hopper, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 26 [ORDINANCE NO. 24791, THE APPROPRIATION ORDINANCE FOR FISCAL YEAR 2003 -2004 WITH REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read Bill No. 26 in full as follows AN ORDINANCE ENTITLED APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 APPROPRIATING THE SUM OF $40,021,689 TO DEFRAY THE EXPENSE AND LIABILITIES 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. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That the sum of $40,021,689 be, and the same is appropriated to defray the necessary expenses and liabilities of the City of Caldwell, Canyon County, Idaho, for the fiscal year beginning October 1, 2003. Section 2. The objects and purposes for which such appropriation is made and the amount of each object and purpose is as follows: FY 2004 Proposed FUND Expenditures General Fund $ 10,800,380 Caldwell Events Ctr Fund 174,181 Library Fund 649,600 Street Fund 4,615,296 Airport Fund 1,343,227 Recreation Fund 426,490 Liability Ins Fund 149,424 Cemetery Fund 202,750 Cemetery Capital Imp Fund 11,500 Cemetery Perp Care Fund 22,000 CDBG Fund - H.U.D. Fund (Remaining) 69,100 General Obligation Bonds 457,890 Debt Service Fund 779,471 Capital Imp Fund 421,724 Police Station Construction Fund - Golf Fund 731,550 Water Fund 4,629,726 Sewer Fund 10,738,841 Sanitation Fund 2,458,168 Street Lighting Fund 304,333 Employee Health Ins Fund 840,354 Employee Dental Ins Fund 130,285 Employee Flex Fund 50,400 Agency Fund 15,000 TOTAL Expenditures $ 40,021,689 FY 2004 Proposed Non - Property Tax FUND Revenue General Fund $ 5,251,748 Caldwell Events Ctr Fund 180,571 Library Fund 246,349 Street Fund 3,061,186 Airport Fund 1,176,465 Recreation Fund 238,616 Liability Ins Fund 162,710 Cemetery Fund 139,582 Cemetery Capital Imp Fund 10,170 Cemetery Perp Care Fund 38,305 CDBG Fund - H.U.D. Fund (Remaining) 88,565 General Obligation Bonds 11,416 Debt Service Fund 671,393 Capital Imp Fund 354,492 Police Station Construction Fund - Golf Fund 732,550 Water Fund 3,825,835 Sewer Fund 9,695,165 Sanitation Fund 2,207,229 Street Lighting Fund 289,088 Employee Health Ins Fund 840,354 Employee Dental Ins Fund 141,150 Employee Flex Fund 48,000 Agency Fund 15,000 TOTAL Other Revenue $ 29,425,938 FY 2004 Proposed Property Tax FUND Revenue General Fund $ 5,376,648 Library Fund 403,251 Street Fund 815,292 Airport Fund 62,263 Recreation Fund 155,589 Cemetery Fund 62,282 General Obligation Bonds 456,890 Capital Imp Fund 232,054 TOTAL Property Tax Revenue $ 7,564,269 SUBTOTAL All Revenue 36,990,207 Use of Fund Balance or Retained Earnings 3,031,483 TOTAL All Revenue $ 40,021,689 Section 3. That a general tax levy on all taxable property within the City of Caldwell be levied in an amount allowed by law for the general purposes for said City for the fiscal year beginning October 1, 2003. Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Idaho Press Tribune, the official newspaper of said City. The Mayor stated that copies of this budget are available to the public and can be obtained through a request to the Finance Department. MOVED by Dakan, SECONDED by Hopper to waive the three reading process for Bill No. 26 (Ordinance No. 2479) and pass on the First Reading. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 26 (Ordinance No. 2479) and pass on the First Reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen.. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI -JUDICIAL] ON CASE NO. SUB- 76(1)P -02, A REQUEST BY SILVERHAWK DEVELOPMENT FOR FINAL PLAT APPROVAL OF WOOD SPRINGS SUBDIVISION) The Mayor stated that the council received a letter from a representative of the applicant requesting a continuation of the Public Hearing to a time and date certain, which would be September 15, 2003 at 7:00 p.m. at the Regular City Council Meeting. MOVED by Hopper, SECONDED by Callsen to continue this Public Hearing to a time and date certain, which would be September 15, 2003 at 7:00 p.m. at the Regular City Council Meeting. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASI - JUDICIAL] ON CASE NO. SUB- 47P(E3) -00 [HAMPTON BUSINESS CENTER], A REQUEST BY OAKWOOD ENTERPRISES, LLC FOR A THIRD ONE -YEAR PRELIMINARY PLAT TIME EXTENSION) The Mayor explained the quasi - judicial process, the sign up sheets, and testimony. City Clerk swore in those signed up to speak. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., gave the staff report. She noted that, according to the applicant's narrative, the time extension request is based upon the following two factors: 1) The surrounding commercial industrial area is slow in developing to its projected potential, consequently purchasers are hesitant to be first on the block, and 2) The adjoining property to the east is currently owned by the Caldwell East Urban Renewal Agency and how this property will be developed in the future. Johnson stated that the applicants were granted a one -year plat extension by the City Council on September 16, 2002, which will expire on September 16, 2003 thus the reason for this request. Councilman Wells asked Johnson if all the recommended conditions are consistent with the past extensions. Johnson stated that they are the original conditions brought forward from the original preliminary plat approval. Rita Earl, 314 Badiola Street, acknowledged being sworn. She stated that the developer has been actively looking for business enterprises to come in; however, there are still some unanswered questions between this and Smead Parkway that is still under discussion by the City with Jamie Hoover in making some exchanges. The developer has been working with Hoover to integrate their project with the project he would like to bring online when the land swaps have been completed. Highway 20 -26 is a gateway for Caldwell that will develop soon. Councilman Wells stated that this is the longest extension he has seen; but, this is a business park and with the changes taking place out there it is important that the developers work together so the big picture comes together rather than being divided. It is to the advantage of the City to allow the time for the projects to come together. MOVED by Ozuna, SECONDED by Hopper to close the public testimony portion of this Public Hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the following as evidence: Staff Report, and sign -up sheets. MOVED by Hopper, SECONDED by Callsen to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Callsen to approve the general facts as outlined in the Staff Report, the public testimony that was heard this evening, the Evidence List, and the fact that there was no objection to the applicant's request. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear this request and to make the decision to approve or deny, the hearing was legally noticed and conducted within the guidelines of applicable state codes and local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED ORDER OF DECISION: MOVED by Hopper, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 47P(E3) -00 (Hampton Business Center), a request by Oakwood Enterprises, LLC and a third one -year preliminary plat time extension for 10 commercial and 2 common area lots in a C -4 zone is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Hopper to close the Public Hearing. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PURSUANT TO IDAHO STATE CODE 67 -2345, A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND PROPERTY ACQUISITION) MOVED by Hopper, SECONDED by Blacker that pursuant to Idaho State Code 67 -2345, the City Council convene into an Executive Session for the purpose of discussing pending litigation and property acquisition. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED Council convened into the Executive Session after which they reconvened into the Regular Meeting. (FINANCIAL REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $663,426.05 for the period ending August 6, 2003 and a net payroll of $193,407.35 for the pay period ending July 26, 2003. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $663,426.05 represented by check numbers 16111 and through 16253 and the total payroll for the amount of $193,407.35 represented by check numbers 3094 and through 3203 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen commented on the fire truck and personnel up that were sent to Lowman to help out. Councilman Hopper stated that the rodeo was wonderful. Councilman Dakan stated that there should be a statement prepared for the newspapers and television about the fact that Caldwell is not raising the levy tax. (MAYOR'S COMMENTS) The Mayor stated that the Chamber of Commerce meets tomorrow morning at 7:00 a.m. The Urban Renewal Agency meets tomorrow from 12 p.m. to 2 p.m. to discuss upcoming projects. The Mayor is meeting with the County on August 20 about cutting their increase in half for professional services. On August 21" the AIC task force for 911 funds will meet. There is a ribbon cutting ceremony on Friday at 10:00 a.m. at the Boise State University campus for the new incubator. August 24 is Farm Workers Appreciation Day which begins a 11:00 a.m. and goes all day. The Mayor invited the Council members to come down and help with that. The Mayor's Youth Advisory Council is gaining momentum. They recently elected new officers for this year. They have been invited to the Idaho Promise Communities Forum with all expenses paid. One student and the Mayor will be attending that event. They have also voted to become an Idaho Promise Community. There are not many cities in Idaho that qualify, but Caldwell does. On September 16'', 17' , and 18' there is a YMCA conference that the Mayor will speak at. The Mayor invited the Council to the Indian Creek Forum on September 27 from 8:00 a.m. -12:00 p.m. (ADJOURNMENT) MOVED by Wells, SECONDED by Hopper to adjourn at 8:30 p.m. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: none. MOTION CARRIED }' � f . �� �r �� 4 � { - �` � _ j. � � �' _ . . � su:aww r a+ r '����� y r. +:.' . i�rt e } ��� , �14ry; - t�WJ r �� ���� � A pp�rr - , � ti.�.k ,J ���'0.� {1' �l � i � ' ' +} I •�I I � �L� i�