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HomeMy WebLinkAbout1999-10-18city council minutesBook 40 Page 240 REGULAR MEETING OCTOBER 18, 1999 7:30 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Brian Dyer, Ustick Nazarene Church, after which the Mayor requested 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: Langan, Wells, Gable, Evans, Earl, and Ozuna. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. The Mayor asked if there were any changes to the prepared Agenda. It was MOVED by Earl, SECONDED by Langan to add an Item No. IA which was to consider approval of the Traffic Commission minutes. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Gable to approve the Agenda as amended. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED SPECIAL PRESENTATIONS AND INTRODUCTION OF SPECIAL VISITORS. The Mayor recognized the Government Class from the Caldwell Senior High School and asked them to stand and introduce themselves. Mrs. Jackson, the teacher, was also present. AUDIENCE PARTICIPATION. Mayor Nancolas asked if there was anyone in the audience who cared to address the City Council at this time with an item that was not included on the prepared Agenda. Judy Watkins, Program Director for Retired and Senior Volunteer Programs, 411 East Hawaii in Nampa, was recognized. Ms. Watkins explained the background, purpose, and funding for the Program. Her presentation included a request to include RSVP as a regular line item in the City's budget in the amount of $1,000. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the City Council: I. Dispense with the reading of the minutes from the October 4, 1999, Regular Meeting and approve as written; 2. Approve acceptance of a deed from Franklin United, Inc. to provide right -of- way on the north side of Franklin Road, west of Exit 29 to permit the City to widen Franklin Road in the area of the Sinclair Station using Federal funds; 3. Approve acceptance of a donation of right-of-way by Chris and Tracey Mangum for a portion of Oregon Avenue south of Ustick Road; 4. Approve a renewal agreement with U.S. West for location of pay phones in town; Book 40 Page 241 5. Approve the following Resolution authorizing the Mayor to execute a Pioneer Irrigation Crossing Agreement to allow the City to operate and maintain a water line under the Canyon Hill Lateral Canal: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND PIONEER IRRIGATION DISTRICT. BE IT RESOLVED That the Mayor of the City of Caldwell, Idaho, be, and the same hereby is, authorized to execute that certain agreement titled, Crossing Agreement which agreement is attached hereto and made a part hereof as if set forth in full, by and between the City of Caldwell and Pioneer Irrigation District, and which agreement is for the construction of a water line across Canyon Hill Lateral on the extension of Aviation Way. 6. Approve Resolution, presented by title only below, accepting dedication of sewer, water, storm drain and street light facilities for Copperrock Subdivision: A RESOLUTION BY THE CITY OF CALDWELL, IDAHO, ACCEPTING DEDICATION OF SEWER MAIN, WATER MAIN, S'T'ORM DRAIN, AND STREET LIGHTS IN COPPERROCK SUBDIVISION TO SAID CITY BY HAL E. MICKELSEN IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO. 4 -94. T Approve acceptance of easement from Pioneer Title; 8. Approve Occupational Health Services Agreement for City employees; 9. Approve purchase of front end loader for the Street Department as recommended by the City Engineer; 10. Approve request from the City Engineer to allow expenditures up to $20,000 from the contingency portion of the sewer budget to hire a consultant to help identify and isolate sewer odors on Chicago Street. MOVED by Earl, SECONDED by Ozuna to approve the Consent Calendar as amended and presented by the Mayor. Roll call vote. Those voting yes: Earl, Ozurna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS NEW BUSINESS (PRE SENTATION OF TRAFFIC COMMISSION MINUTES FROM MEETING DELI) ON OCTOBER 13, 1999) Mayor Nancolas stated that he would ask the City Council to approve acceptance of the minutes from the Traffic Commission Meeting held on October 13` MOVED by Langan, SECONDED by Evans to approve the minutes of the Caldwell Traffic Commission Meeting held on October 13, 1999. Councilwoman Earl suggested that the motion - further state that Council approves the action taken by the Traffic Commission.' Councilmen Langan and Evans agreed to this being added to the original motion. The Mayor stated that the motion would stated as follows: To approve the minutes and the action of the Caldwell Traffic Commission Meeting held on October 13, 1999. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. Book 40 Page 242 MOTION CARRIED (PUBLIC HEARING FOR FEE INCREASES FOR BROWNING FERRIS INDUSTRIES AND COMMUNITY DEVELOPMENT) Mayor Nancolas informed Council that the next item was a Public Hearing for fee increases requested by Browning Ferris Industries and Community Development. These items were brought forward by the Finance Department, The Hearing will be opened, a Staff Report given, and testimony from those in favor of increase, those against, and anyone who would like to ask questions or discuss the request. This was an administrative action so those asking to testify will not have to be sworn in as they would if it was quasi-judicial. The Mayor then opened the Public Hearing and asked for a Staff Report from Mr. Waite. Mr. Waite reported that he would first note there were two components to this Public Hearing. The first would be from the Community Development Department on two issues: a Hearing Examiner Fee, $50.00 per case and a Residential Plans Examination fee of .05 per square foot. The other issues were related to Browning Ferris Industries, our provider of sanitation services in the City of Caldwell. In addition, Mr. Waite stated that he would like to keep the two issues separate for tonight so Council could act on them one at a time. The Finance Director continued stating they were approached by Browning Ferris Industries with a request for a fee increase which was appropriate. The contract the City has with them says that fee increases could be entertained year by year. It has been four years since they have had a fee increase. We took their requested fee increase and noticed it twice in the Press Tribune as required and set the Public Hearing for tonight. He reviewed his Staff Report which explained his position on this matter as follows: Proposed BFI fee increases include substantial rate increases for Commercial Roll -Off customers. Currently, the 11 largest commercial accounts will realize fee increases of $58,168 ranging from $15,818 to $1,658 annually. In all fairness to these consumers, I propose the public hearing be continued to a later date and allow BFI time to mitigate impacts to these businesses. The solution may be as simple as changing container size or pick up frequency. We could use the additional time to review impacts to other customers. The amended contract also requests a contract extension of five (5) years through November 2005. Contract extensions require approval by City Council. The current contract expires in November 2000. BFI guarantees rates for two (2) years so an extension of one (1) year through November 2001 might provide an acceptable compromise between contract term and fee structure. I would like to notify BFI as to Council's intentions for contract renewal or extension. Mr. Waite further informed Council that he has not discussed the fee increase for the commercial roll -off with those customers except for a gentleman who called from Kit Manufacturing. With that in mind, he would submit to Council that his feeling was to consider the impact on those commercial roll off customers and give them an opportunity to work with BFI and try to figure out what it was they could do to mitigate this increase. There was considerable discussion and questions from the Members of the City Council including that the current contract would terminate in approximately 12 months; the proposed contract would terminate in six years; the rate structure proposed was coupled with an extension of the contract; whether these increases were consistent with other entities in the Valley. Testifying in favor of the increases was Rick Peters, Operations Manager for BFI, who commented that actually a majority of the rates do go down; BFI was really bringing the fees in line with those in the City of Nampa; once a month commercial roll off customers would actually pay less; twice a month roll off Book 40 Page 243 customers might experience a $20 a month increase. Ron Kinney, of BF1 was also recognized and noted that be was there to answer any questions. Chuck Lawrence of Kit Manufacturing, 912 Kit Avenue testified in opposition to the fee increases. Their concerns included the 30% to 35% increase in the BFI fees in their garbage hauling; they were not notified by BFI and given some ideas as to how the increase could be curbed; he respectfully asked the Council to table this matter until BFI has discussed the reasons for the increases with the businesses that have roll off containers. Mr. Waite commented that during this testimony and discussion, information was discussed that he was not aware of before which may help us to understand exactly how these fees fall into place. He felt it was appropriate to take time to discuss these. The Mayor stated that normally the five year extension would be a long period of time on a contract especially for a municipality. Usually, there was an opportunity for Council to make changes every two years. A two year contract was very typical as it falls in line with the two years of an administration. His question to B.F.I. was whether it would be acceptable to consider a two year contract extension. In response, Mr. Peters answered that lie would probably have to talk this over with the District Vice President. After several further comments and questions, the Mayor explained that there were two separate issues. The Council could proceed by closing the public testimony portion of the hearing and then action to be taken would be to approve the Community Development fees and the only option after that would be to deny the request from B.F.I. at this stage. This would not be anything bad for B.F.I. Another Public Hearing would have to be set. If Council closes the public testimony part of the hearing, they could not sit down and discuss the matter. Therefore, it would be appropriate to close the public testimony of this hearing, approve the fee increases as requested by Community Development Department, deny the request for B.F.I. increases knowing that this would only be temporary. This would give Mr. Waite an opportunity to visit with Mr. Peters and get input from Mr. Lawrence and others. He could compare the increases with the decreases and see if there was a way to offset one to accommodate the other. More information would be available for the next Public Hearing. MOVED by Earl, SECONDED by Ozuna to close the public testimony portion of this bearing. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Gable that with regard to the Community Development Department fee proposal, the Council approve the IIearing Examiner fee at $50.00 a hearing and the Residential Plans Exam at .05 per square foot. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION'CARRIED I'lie Mayor then requested a motion with regard to the B.F.I. fee increases. MOVED by Gable, SECONDED by Langan that the Council Bony the B.F.I. increase in the contract amendment. Book 40 Page 244 Mayor Nancolas stated that the intent here was to deny this request for now, set up a workshop to give Mr. Waite time to address some of the issues that were brought up new tonight and certainly give the opportunity to discuss the fee increases with those who would be affected. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Ozuna to close the Public Hearing. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF HARBOR ESTATES) Mayor Nancolas requested a Staff Report from Linda James with regard to this item on the Agenda. Mrs. James, Community Development Director for the City of Caldwell, noted that this was not a public hearing. The Planning and Zoning Commission members held a public hearing on September 23, 1999. That hearing was legally noticed, posted, and mailing sent out. At this hearing, the Commission recommended to the City Council that Case No. SUB- 40P -99 be approved which was the preliminary plat for Harbor Estates with certain conditions. The Director further stated that at the time of the Public Hearing before Planning and Zoning, she had not received a response from Pioneer Irrigation District. At this time, she had received that response shown as Exhibit PA -3 which was a standard memorandum from Pioneer Irrigation and they offered the following comments: The delivery point which is in place is under Gate 103 off of the Cowling Lateral. The Lowline Canal has a prescriptive use easement of 16' which must be kept clear and unobstructed at all times. West Beech Subdivision failed to honor this easement and was then required to pipe that portion of the canal which bordered their subdivision, adhering to the District's Standards and Specifications. If the developers of Harbor Estates wish to do the same, the matter would need to be reviewed by the District's Engineer at the developer's expense. Please see the enclosed Standards and Specs for pipelines. Pioneer will not maintain a pressure irrigation system in this subdivision unless the developer chooses to have an easement recorded from said property to the Cowling Lateral. This letter was also sent via certified mail to Sallie Palleria. Mrs. James continued stating that in the Staff Report under Irrigation, 2.11.5, the City Engineer did indicate that a pressurized irrigation system would be required to be installed and that it must be approved by Pioneer Irrigation District. Mr. Law also noted under 2.11.7 that the easements shown on the Preliminary Plat do meet the standard requirements of the subdivision ordinance. Under 2.12.1, in reference to the "out lot" that was shown on the plat, Mr. Law noted that the out parcel in the southwest corner of the plat was to be included in the plat or the improvements and rights- of-way were to be provided in some other acceptable way. Under testimony, you will note that the applicants did indicate they would be willing to dedicate that right -of -way or to work with the Blessings and would be willing to provide the improvements along Airport and West Beech. As a part of Book 40 Page 245 the recommendation to the Mayor and City Council, there were conditions of approval. Under Section 8.10, it states that the right-of-way required by Mr. Law along those portions of the Blessings' out -lot parcel that abut Airport and West Beech shall be shown on an amended preliminary plat and shall be dedicated to the City. Another condition, 8.11 which stated that improvements along those portions of Airport and West Beech that abuts the boundaries of Harbor Estates and the Blessings' out -lot property shall be installed and constructed as required by the Subdivision Ordinance and the City Engineer. Also discussed was dust mitigation which was raised as a concern by a person attending the hearing. Section 8.12 states that the developer shall mitigate dust during times of heavy construction and mitigation measures may include an on -site water truck. Mae McCann, 515 West Maple, the applicant, was recognized and informed Council that their intention was to follow guidance and turn the irrigation system over to Pioneer Irrigation. Mrs. James also noted that one of the conditions for approval does include that the irrigation system will be turned over to Pioneer Irrigation. A short discussion ensued after which the Mayor asked that the Council Members proceed with the Comprehensive Plan Analysis, Findings of Fact, and Conclusions of Law. COMPREHENSIVE PLAN ANALYSIS: MOVED by Evans, SECONDED by Gable to adopt the Commission's Analysis which was as follows: The proposed project is in compliance with the following Comprehensive Plan components: Residential Categories — Policies 2, 3, 9 and 10; Utilities — Policy 3; Urban Storm Runoff — Policies 1 and 2; Housing — Policies 3 and 5C. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. FINDINGS OF FACT: MOTION CARRIED MOVED by Evans, SECONDED by Gable to accept the Staff Report from Mrs. James, the testimony that has been given and the Commission's Findings of Fact which were as follows: Accept the general facts outlined in the staff report as Findings of Fact including the following taken from testimony: the creation of the subdivision caused the Blessings' property to be considered an "out lot" but the Blessings have agreed to dedicate the required right-of-way to the City; the pressurized irrigation system will be turned over to Pioneer for operation and maintenance; there will not be a homeowners' association as the retention pond lot will be included as an easement in lot 4 and /or lot 6 that are adjacent to the pond lot; lots 13 and 14 of Block 1 will be rotated in order for access to each lot to be taken from South Harbor Street; the developer has agreed to try and control dust during heavy construction and will try to control bugs if it becomes an issue; the developer has agreed to construct the required improvements along Airport and W. Beech that abut the Blessings property. CONCLUSIONS OF LAW: MOVED by Evans, SECONDED by Gable that the Caldwell City Council has the authority to hear requests and to act as an approving and executive body; the Public Hearing tonight was noticed and heard within all applicable State and Local Codes and Ordinances. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. Book 40 Page 246 ORDER OF DECISION: MOVED by Evans, SECONDED Gable that based on the Findings of Fact and Conclusions of Law, the City Council approve the preliminary plat subdivision for Harbor Estates and with the appropriate conditions as set forth in the Staff Report. Councilwoman Earl suggested that the motion include Item 8.8 and 2.12 as conditions. Councilman Evans and Councilman Gable agreed that the two items be included as conditions in their motion. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none_ MOTION CARRIED A short recess was called after which the Council reconvened into the Regular Meeting. (APPOINTMENT OF JEROME MAPP AND LEE DILLION AS HEARING EXAMINERS) The next item on the Agenda was the appointment of Jerome Mapp and Lee Dillion as Hearing Examiners. This was discussed earlier in the meeting when consideration was given to the increase of fees in the Community Development Department. The appointment of a Hearing Examiner was brought forth as a benefit to the community to help ease the burden placed upon the Planning and Zoning Commission to streamline the process for developers to get their matters heard in a timely manner. The City advertised for applicants and an interview process was followed. We were fortunate to receive very qualified applicants especially the two who were chosen; Mr. Mapp and Mr. Dillion. Both of these individuals have vast experience in planning and zoning issues and matters of planning for growth and legal issues. After discussing the matter and determining that both of the gentlemen were outstanding, they decided to offer the position to both of them. This will be a benefit to the community by having two available examiners. MOVED by Evans, SECONDED by Gable to approve the appointment of Jerome Mapp and Lee Dillion as Hearing Examiners until December 31, 2000. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Gable reported that the Finance Committee has reviewed current accounts payable in the amount of $507,403.10 for the period ended October 13, 1999, and a net payroll of $138,555.46 for the pay period ended October 9, 1999. MOVED by Gable, SECONDED by Ozuna that accounts payable in the amount of $507,403.10 represented by check numbers 65647 through 65881 and payroll for the amount of $138,555.46 represented by check numbers 66340 through 66454 and direct deposit stub numbers 11889 through 11997 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. (CITY COUNCIL REPORTS) Book 40 Page 247 Councilman Langan reported that he attended the Senior Center Board Meeting which he felt was continuing to do very well. Councilwoman Ozuna informed Council that she noted that they were paving the parking lot at Fairview Golf Course. Councilman Evans announced that no one would be able to get any books at the Public Library as they were tearing up the carpet and putting in new carpet. The project will be completed on the 12 of November. Councilman Gable reported that the work was continuing at the Airport with regard to the road and canal. He represented the Council on Saturday at the Senior Center which was holding a fur draiser for Meals on Wheels. (MAYOR'S COMMENTS) The Mayor commented that there was a project happening in front of City Hall which will be the beginning of the beautification project for the downtown area; on October 26 there will be a candidates forum so the public can hear from the candidates for City Council. The Forum will be held at 5:30 p.m. at City Hall. (ADJOURNMENT) MOVED by Evans, SECONDED by Gable that since there was no further business, the meeting be adjourned at 8:35 p.m. MOTION CARRIED APPROVED AS written THIS 1st DAY OF November 1999. Cou ci pers n I C ®uncilperson U Co ncilperson ATTEST: Councilperson 4 "'t t� / � Mayor City Clerk