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HomeMy WebLinkAbout2004-09-20city council minutesBOOK 45 REGULAR MEETING SEPTEMBER 20, 2004 7:00 PAL PAGE 156 The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Ed Burns of Deer Flat Free Methodist Church. 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, Dakan, Blacker, and Oates. Absent: Wells. The Mayor indicated that Councilman Wells is attending a Brownsfield conference on behalf of the City of Caldwell. SPECIAL PRESENTATIONS The Mayor acknowledged Dr. Parsons who introduced his son Richard Parsons who is a Boy Scout and students from Albertson College of Idaho. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to approve the agenda as printed. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED AUDIENCE PARTICIPATION Buzz Bowcamp, 1522 Dearborn, stated that he has a complaint about the deterioration of a home near his residence. He submitted photos of the home. The Mayor indicated that the Community Development Code Enforcement Officer has been told and will be following through on the procedure for dealing with this. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: Dispense with reading of the minutes of the September 7, 2004 Regular City Council Meeting and approve as written; Approve acceptance of the minutes from the Caldwell Golf Board held on August 18, 2004 and the Caldwell City Traffic Commission held on September 7, 2004; Approve appointment of Mayor's Youth Advisory Council Officers and membership for the 2004 -2005 school year; Approve resignation of Kennon Feaster - Eytchison from the Historic Preservation Commission; Approve Order of Decision on Case No. OA -60 -04 (Park, Recreation and Open Space Impact Fee); Approve request by the Finance Director for additional health funding in the amount of $130,000 to maintain appropriate cash reserves in the City's self - funded health plan; Approve request by the Human Resource Director for funding of the 2004 Health and Wellness Fair in the amount of $3,700; Approve authorization for Contingency Funds to be used to create a Special Police Task Force. MOVED by Ozuna, SECONDED by Oates to approve the Consent Calendar as written. Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED OLD BUSINESS (PUBLIC HEARING ON PROPOSED FEE SCHEDULE INCREASES TO BE EFFECTIVE OCTOBER 1, 2004) E1Jay Waite, Finance Director, 1910 E. Homedale Road, gave the staff report. He noted that the proposed fees which increased more than 5% of the previous year's fees or that were new fees were included in the publication. Waite submitted the list of fees and the resolution to pass all fees. The Mayor explained the purpose for fee increases and the necessity to evaluate the continued services that the City offers. City Council will be making a decision on all resolutions with regards to adjusting the fee schedules. The Mayor noted that all the fees in Items 1 -3 can be approved with a single motion by Council. MOVED by Dakan, SECONDED by Hopper to adopt the fee schedules as proposed. Councilman Dakan noted that the Mayor used the term "raise the fees" but the fees are actually adjusted because some fees go down as the use is not as high. BOOK 45 PAGE 157 Roll call vote. Those voting yes: Dakan, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Wells. MOVED by Dakan, SECONDED by Oates to close the public hearing MOTION CARRIED Roll call vote. Those voting yes: Dakan, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED The Mayor acknowledged Boy Scout Troup #221. The members introduced themselves. (CONTINUATION OF PUBLIC HEARING [QUASUUDICIAL] ON CASE NO. SUB- 106P -04 & ZON -39 -04 [SKY RANCH BUSINESS CENTER] FOR REZONE OF APPROXIMATELY 35 ACRES FROM M-1 TO G 3 [INCLUDING A DEVELOPMENT AGREEMENT] AND PRELIMINARY PLAT APPROVAL OF 29 COMMERCIAL, 26 INDUSTRIAL, AND 3 COMMON LOTS) Councilman Hopper indicated that the City received a letter today from the developer requesting that this item be continued to the next city council meeting. The Mayor read the developer's letter into the record and entitled it Item CC-1001. MOVED by Hopper, SECONDED by Oates to continue this Public Hearing to a time and date certain, which is October 4, 2004 at 7:00 p.m. at the Regular City Council Meeting. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING [QUASUUDICIAL] ON CASE NO. SUB- 51(6)F -00 [SOUTH PARK NO. 61, A REQUEST BY DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 27 RESIDENTIAL LOTS IN AN R-1 ZONE) The Mayor explained the quasi-judicial process and asked that everyone signed up to speak at any of the public hearings stand and be sworn in by the City Clerk. Joan Johnson, City Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She noted that as of the date of writing this report, the applicant had not submitted a form of bonding or an estimate for the completion of construction. However, Engineering has received a memo with an agreed upon bonding amount of $125,558.00 for the remaining incomplete items that qualify for the bonding. The Mayor titled the memo to Joan Johnson from Tim King as Item CC -1000. He read the memo into the record. Kevin Amar, 114 E. Idaho #230, Meridian, acknowledged being sworn in and gave an update on the project. He noted that the majority of the bonding is for a bridge that has to be put in after irrigation season is over. Councilman Oates asked about the status of Pioneer Irrigation's concerns in Section 2.7.4. Amar stated that Pioneer and their engineer reviewed the construction plans and he doesn't see any changes coming. He noted that Pioneer will do a walk through when the construction is complete. 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, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff report, sign -up sheets, and CC -1000 (memo concerning the bonding amount). MOVED by Hopper, SECONDED by Oates to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Oates to accept the general facts as outlined in the staff report, the evidence list as previously accepted, public testimony that was given tonight, and note that there was no testimony in opposition to the applicant's request. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED BOOK 45 CONCLUSIONS OF LAW: PAGE 158 MOVED by Ozuna, SECONDED by Hopper that the 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, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED ORDER OF DECISION: 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 - 51(6) -00 (South Park #6), a request by Dyver Development, LLC for final plat approval to develop 27 residential lots is approved. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper to close the public hearing. Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (PUBLIC HEARING [QUASMUDICIAL] ON CASE SUB- 74(2)F -02 [MILAGRO NO. 21, A REQUEST BY MILAGRO DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 84 RESIDENTIAL LOTS AND 3 COMMON LOTS IN AN R-1 ZONE) The Mayor declared this public hearing open. Joan Johnson, City Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. She noted that as of the date of writing the report the applicant had not submitted a form of bonding or an estimate of costs for completion of construction. However, she received a memo from the Engineering Department agreeing to a bonding amount of $24,800.00 for the remaining items that do qualify for bonding. This bond has been submitted and deposited. The Mayor entitled this memo as Item CC -1000. Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., acknowledged being sworn in. He stated that the bonding amount has been received. The sewer lines were pressure tested but have not been televised, which is standard. He noted that it is his understanding that they are being televised as we speak. Council can continue the hearing to a later date or approve tonight with the condition that the sewer be approved prior to signing the final plat. Weymouth stated that he would recommend the second option because it is likely that the lines would be approved. Councilman Oates asked for an explanation of televising the sewer lines. Matt Schultz, 701 S. Allen Street, Meridian, acknowledged being sworn in and stated that his contractor assured him that it was televised at one point but the information was misplaced and they are now out there televising the lines now. He asked that Council approve tonight with the condition of the sewer lines. He stated that they concur with Mr. Weymouth's recommendation. MOVED by Dakan, SECONDED by Hopper to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Dakan, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff report, sign -up sheets, and CC -1000 (memo concerning the bonding amount). MOVED by Hopper, SECONDED by Blacker to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. 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 presented, and note that there was no testimony in opposition to the final plat, only the issue of the final approval of the sewer project. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Hopper that the 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. BOOK 45 PAGE 159 Roll call vote. Those voting yes: Ozuna, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Wells. 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 - 74(2) -02, a request by Milagro Development, LLC for final plat approval of Milagro Subdivision No. 2 to develop 84 residential and 3 common area lots is approved pending the final approval by the Engineering Department on the status of the sewer lines. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED MOVED by Oates, SECONDED by Hopper to close the public hearing. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (PUBLIC HEARING [QUASFJUDICIAL] ON CASE NO. SUB- 71(2)F -02 [ ASPENS NO. 21, A REQUEST BY DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 101 RESIDENTIAL LOTS AND 3 COMMON LOTS IN AN R-1 ZONE) The Mayor declared this public hearing open. Joan Johnson, City Planner, 621 Cleveland Blvd., acknowledged being sworn in and gave the staff report. Sie reported on the bonding amount and stated that she received a memo from the Engineering Department agreeing with the applicant's representative on a bonding amount of $144,614.00 for the items that do qualify for the bonding. Kevin Amar, 114 E. Idaho Street, Suite #230, Meridian, acknowledged being sworn in. He noted that this irrigation system is the same one that runs Milagro Subdivision. MOVED by Dakan, SECONDED by Oates to close the Public Testimony portion of this Public Hearing. Roll call vote. Those voting yes: Dakan, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff report, sign -up sheets, and CC -1000 (memo concerning the bonding amount). MOVED by Hopper, SECONDED by Oates to approve the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. 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 presented, and note that there was no testimony in opposition to the final plat. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Oates that the 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, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED ORDER OF DECISION: MOVED by Oates, SECONDED by Hopper that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB - 71(2) -02 (Aspens Nb. 2), a request by Dyver Development, LLC for final plat approval to develop 101 residential lots and 3 common area lots is approved. Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED BOOK 45 MOVED by Oates, SECONDED by Hopper to close the public hearing. PAGE 160 Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, and Blacker. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (CONSIDER BILL NO. 34 [ORDINANCE NO. 25201 ANNEXING BLACKHAWK NO. 1, BLACKHAWK NO. 2, BLACKHAWK NO. 3, MONARCH NO. 1, AND MONARCH NO. 2 INTO THE MUNICIPAL IRRIGATION DISTRICT OF CALDWELL) Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., acknowledged being sworn in and introduced this Bill and gave a brief summary of the history behind this request. Weymouth distributed an "Exhibit A" to accompany the ordinance. This request was brought forward by written request by the developer. Weymouth explained the billing process and an anticipated increase in frequency of these requests coming forward. The Mayor asked if this ordinance is coming forward with the request to waive the three reading process. Weymouth was unsure, but asked that the three reading process be waived. Councilman Blacker asked if Blackhawk would have to go through the same procedure for each phase. Weymouth stated that they would have to go through the same process but it would be combined with the final plat process. Councilman Hopper asked if we would be annexing at the final plat approval time in the future. Weymouth stated that that is correct. The Mayor read Bill No. 34 (Ordinance No. 2520) by title only with the request to waive the three reading process 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 OF CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Oates to waive the three reading process and pass Bill No. 34 on the first reading. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Oates to sponsor Bill No. 34 and move for its passage There was discussion regarding summaries for publication on legal descriptions. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Blacker, and Oates. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Blacker reported that the Finance Committee has reviewed current accounts payable in the amount of $616,565.89 for the period ending September 16, 2004 and a net payroll in the amount of $179,301.98 for the pay period ending September 4, 2004. MOVED by Blacker, SECONDED by Hopper that accounts payable in the amount of $616,565.89 represented by check numbers 22694 through 22941 and the total payroll in the amount of $179,301.98 represented by check numbers 5898 through 5955 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and /or not voting: Wells. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan reported that he met with the Sage Board and is heading a committee for municipal leasing. Councilman Dakan also stated that his brother -in -law died last Sunday and he will be going there tomorrow and will return on Thursday night. Councilwoman Ozuna reported on the Golf Board's decision on children under the age of 6 golfing. The Board stands by there decision to prohibit children under the age of 6 from golfing. She also enjoyed the golf tournament on Saturday. Councilman Hopper reported on the Treasure Valley Partnership. There was discussion about funding public transportation and better relationships between City and County. Councilman Oates asked to meet with the ACI students following the meeting.