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HomeMy WebLinkAbout1999-11-15city council minutesBook 40 Page 259 REGULAR MEETING NOVEMBER 15, 1999 7:30 P.M. The meeting was called to order by Mayor Nancolas. The Invocation was offered by Reverend Phil Bohlken from the Grace Lutheran 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. MOVED by Earl, SECONDED by Ozuna to remove Item 11 under the Consent Calendar which was to approve a Resolution to change speed signs on Caldwell Boulevard; and would request to add under New Business Item No. lA which was with regard to an Airport Lease. 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. Mayor Nancolas recognized Mrs. Jackson and her Government Class from Caldwell High School. The students introduced themselves at the request of the Mayor. The Mayor also introduced Dennis Callsen who was recently elected to the City Council and would take officer after the first of the year. AUDIENCE PARTICIPATION. Since there was no one who cared to address the Council at this time, the Mayor declared that the meeting would proceed as outlined. CONSENT CALENDAR Mayor Nancolas presented the following items on the Consent Calendar for consideration by the City Council: I. Dispense with the reading of the minutes from the November 1, 1999, Regular Meeting and the November 4, 1999, Special Meeting, and approve as written; 2. Approve acceptance of the minutes from the Caldwell Industrial Airport Commission Meeting of November 4,1999; 3. Approve acceptance of right -of -way deed to become a portion of Laster Lane from Lawrence and Karen Miller; 4. Approve acceptance of right -of -way deed to become a portion of Laster Lane from Juan Zulaica; 5. Approve acceptance of right -of -way deed for East Chicago from Ed and Sharon Lambert; Book 40 Page 260 6. Approve acceptance of right -of -way deed to become a portion of Laster Lane from James and Trina Steelsmith; 7. Approve acceptance of Deferral Agreement from Ed and Sharon Lambert; 8. Approve acceptance of Deferral Agreement from Calvin Sakai and Shellie Houston; 9. Approve the following Resolution authorizing the execution of an Amendment regarding Engineering Services Agreement for Airport Project No. 3- 16- 0045 -10: BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Mayor of said City is hereby authorized to execute that certain Amendment No. 1 to a Professional Services Agreement between the City of Caldwell, Idaho (Owner) and Toothman-Orton Engineering Co. (Engineer) dated March 17, 1999, for AIP 3 -16- 0045 -10; which Agreement is for the purpose of providing design and construction management services for Airport Improvement Project 3- 16- 0045 -10; and which Agreement is attached hereto and made a part hereof as if set forth in full. 10. Approve Traffic Commission Meeting decisions as outlined in the minutes of November 1, 1999; 11. Approve following Resolution authorizing renewal of the Animal Control Agreement with the County: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RENEWAL OF TIIE ANIMAL CONTROL AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY, BE IT RESOLVED That the Mayor and City Cleric of the City of Caldwell be, and the same hereby are, authorized to execute a renewal of the animal Control Agreement as attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Canyon County. 12. Approve the Mayor as a voting member of COMPASS and the Council President as an alternate; 13. Approve Wellness Benefit to Health Care Plan; 14. Approve authorizing the Mayor to execute Real Estate Agreement for the new Police Station. MOVED by Earl, SECONDED by Evans to approve the Consent Calendar as amended and presented by Mayor Nancolas. Councilwoman Earl cormnented on Item No. 13, which was the Wellness Benefit. to health Care Plan stating that she felt this was a very positive step and she was very pleased to see it come forward. Council Members agreed with her. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDER BILL NO. 43 TO AMEND THE CITY CODE PERTAINING TO BUILDING REGULATIONS BY ADOPTING THE MODEL ENERGY CODE WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Mayor Nancolas explained that this item was tabled at the last Regular Council Meeting held on November 1, 1999, as Council Members felt there was a need for further information. An additional memo from the Building Official was included in Council's packet for this meeting and was as follows: Book 40 Page 261 I am providing some additional information regarding the intent of the Model Energy Code. I have included a copy of the intent stated in the Model Energy Code. The intent of the code is to provide for minimum requirements for new buildings, alterations and additions to existing buildings, by regulating their exterior envelope insulation value and the selection of their HVAC, service water heating, electrical distribution and illumination systems and equipment for effective use of energy. At one time homes that were built with a federally backed mortgage loan would have a HUD inspector verify compliance for the amount and type of insulation that is required for new homes. This inspection is no longer performed; however, the requirements for insulation still exists. Without this verification from an inspector, the consumer is the one that looses. The adoption of the Model Energy Code will not add to the cost of homes due to the fact that most contractors already build to these standards. Without the Model Energy Code adopted, the Community Development Department Building Services will not have the opportunity to verify compliance and help protect the consumer. I would like to add this service to our inspection program and I request that the City Council pass an ordinance and adopt the Model Energy Code, and approve the summary at the November 15, City Council Meeting. A complete copy of the Model Energy Code is available at the Community Development Department for your review. Mayor Nancolas also informed Council that there was a request to waive the rules on this Bill. The Mayor read Bill No. 43 as follows: AN ORDINANCE AMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING CERTAIN LANGUAGE TO ARTICLE 1, BUILDING REGULATIONS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell: Section 1. That Article I be amended by creating a new section and by adding certain language as follows: 12- 01 -04: ADOPTION OF MODEL ENERGY CODE. There is herebv adopted for the purpose of establishing rules and regulations for the conservation of energy, a certain code known as the Model Energy Code, copyrighted by the Council of American Building Officials 1995 Edition together with amendments and revisions thereof, copies of which are on file in the Office of Community Development Department, Building Services. MOVED by Earl, SECONDED by Gable to waive the rules requiring that a Bill be read at three separate times and read in full for one reading. 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 Gable, SECONDED by Evans that Bill No. 43 be passed and entitled Ordinance No. 2303 after the one reading by title only. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Whose voting no: none. Absent and not voting: none. MOTION CARRIED (APPROVAL. OF SUMMARY OF BILL NO. 43 FOR PUBLICATION) MOVED by Earl, SECONDED by Gable to approve the Summary of Bill No. 43 for publication. Book 40 Page 262 Mr. Hilty, the City Attorney, indicated that he approved the Summary. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE ASSESSMENT ROLL FOR L.I.D. 99 -1 — STREET AND SEWER LINE IMPROVEMEN'T'S) Mayor Nancolas stated that the next item on the Agenda was a Public Hearing on the Assessment Roll for L.I.D. 99 -1, street and sewer line improvements. This Hearing was established at the last City Council Meeting. The Mayor then opened the Public Hearing and requested that the City Engineer present his staff report. Gordon Law, City Engineer, noted that L.I.D. 99 -1 was for the purpose of paving gravel streets as well as constructing a short sewer line segment on one of those streets. By way of information, the total construction cost of this L.I.D. was $97,755.92; the bonding, legal service, advertising, printing and so forth cost associated with this L.I.D. was $8,248.01. Of that amount, the City of Caldwell will be paying an amount of $15,275.82. This leaves a net assessment amount of $90,728.11. All of the individuals who participated in this District were properly noticed of this Protest Hearing this evening and it was also published in the paper according to law. The Mayor stated that this was a voluntary L.I.D. and was a good project. There was no one signed to speak to this matter so the only testimony would be from Mr. Law's Staff Report. He then asked for a motion to close the public testimony portion of this Hearing. MOVED Ozuna, SECONDED by Gable to close the Public Testimony portion of the Public Hearing. Roll call vote. Those voting yes: Ozuna, Langan, Wells, Gable, Evans, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor noted that he requested the wrong motion as it should be to close the Public Hearing. The motion was withdrawn. MOVED by Evans, SECONDED by Gable to close the Public Hearing. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Hearing was closed by the Mayor. He noted that it was imperative that the City move along with this L.I.D. so the request was made by the Engineering Department to waive the rules and pass on the first reading as was noticed on the Agenda. Bill No. 45 was then read by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 99 -1 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT Book 40 Page 263 LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Langan, SECONDED by Ozuna to waive the rules requiring that a bill be read at three separate times and read in full for the one reading. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Gable that Bill No. 45 be passed and entitled Ordinance No. 2306 after the one reading by title only. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (CANCELLATION OF A LEASE AT THE AIRPORT AND APPROVE A NEW LEASE) Mayor Nancolas reminded Council that this item was added to the Agenda tonight at the request of Mr. Hemenway. He then recognized Mr. Hemenway and asked that he report on this item. Mr. Hemenway thanked the Mayor for adding this business to the Agenda. They were asking that Council consider canceling an existing Airport Lease with Becky Chessler and enter into a new lease at the Airport with Gene and Beth Hemenway who have purchased the hangars located on the property. They were trying to do this transaction correctly and going through the title company. Since the Council will not be meeting again until December 6 ", they would appreciate having this matter considered at this time. The Mayor informed Council that the agreements were standard and come through Council on a regular basis. It was his recommendation that Council approve the cancellation of the Airport Lease with Becky Chessler and approve the new lease with Gene and Beth Hemenway. MOVED by Earl, SECONDED by Gable to approve the cancellation of the Airport Lease with Becky Chessler and approve the new Airport Lease with Gene and Beth Hemenway. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ACCEPT THE ASSESSMENT ROLL FOR L.I.D. 97 -6 REGARDING CONNECTION FEES AND SET THE PUBLIC HEARING FOR DECEMBER 6, 1999) The next item under New Business was to accept the Assessment Roll for Local Improvement District 97 -6 regarding connection fees and set the Public Hearing for December 6, 1999. Book 40 The City Engineer stated that unless Council has questions on this matter, he really had nothing to add. The Mayor informed Council that the standard procedure would be to accept the assessment roll and set the Public Hearing for December 6, 1999, at the Regular Council Meeting at 7:00 p.m. MOVED by Gable, SECONDED by Earl to accept the Assessment Roll for Local Improvement District 97 -6 and set the Public Hearing for December 6, 1999, during the Regular City Council Meeting at 7:00 p.m. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION OF INTENT FOR L.I.D. 99 -6 — CONNECTION FEES) The next item on the Agenda was to consider a Resolution of Intent for Local Improvement District 99 -6. This L.I.D. was initiated by the City of Caldwell to allow property owners to finance payment of connection fees associated with the sewer and water hookups over a ten year period. Participation in this L.I.D. was intended to be voluntary. If the Resolution of Intention was passed by the Council, it would then be appropriate to set December 6, 1999, as the date for the formal Protest Hearing. The Mayor then read the title of the Resolution as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CREATE A LOCAL IMPROVEMENT DISTRICT FOR CITY UTILITY CONNECTIONS WITHIN SAID CITY; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 99 -6 FOR CALDWELL, IDAHO, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL; AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Gable, SECONDED by Earl to pass the Resolution of Intent for Local Improvement District 99 -6 and set the Public Hearing for December 6, 1999, during the Regular City, Council Meeting at 7:00 p.m. Roll call vote. Those voting yes: Gable, Evans, Earl, Ozuna, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINAL PLAT FOR STONEGATE) Page 264 Mayor Nancolas noted that the next matter to come before Council was the final plat for Stonegate. He also stated that Councilwoman Earl would declare a conflict of interest in this matter and would not participate in this action. Book 40 The Mayor continued informing Council that this was the matter of the application of Newell LaVoy for final subdivision plat approval of Stonegate Subdivision Unit No. 1 and was labeled as Case No. SUB -32F (1) -99. Linda James, the Community Development Director, presented the Staff Report stating that the Planning and Zoning Commission did hear the request on October 28, 1999. At said Hearing, they recommended to the Mayor and City Council that they approve the final plat. This was not a public hearing and Council just needed to make a decision. This was a two phase development and this was for phase one which consists of 36 residential and 5 common area lots on approximately 20.83 acres. Under Section 2.11.4, regarding irrigation, you will note that in a letter dated October 5, 199, Pioneer Irrigation District stated that it was their intent to take over the pressurized irrigation system once it was completed. Also, they have received assurances from Earl and Associates that the system was installed to the District's standards and specifications. Under 2.13, Mr. Law requested at the preliminary plat hearing that the face of the plat have a notation that the common area shown on the plat will be maintained by the developer until such time that homeowner's association assumes responsibility. This was on the face of the final plat. The applicant, Mr. LaVoy, has already submitted his bond in the amount of $64,410.50 to the City Engineer and his intent was to be able to get the plat recorded as soon as possible and sell the lots. After a short discussion, the Mayor asked the Council to take action on this matter. Findings of Fact: MOVED by Langan, SECONDED by Evans to adopt the Facts as presented in the Staff Report and as presented to the Planning and Zoning Commission. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, and Ozuna. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Conclusions of Law: MOVED by Langan, SECONDED by Gable that the City Council has the authority to consider the recommendation of the Planning and Zoning Commission and to make the final decision to approve or deny final plats; the hearing before held by the Planning and Zoning Commission on October 28, 1999, was noticed and heard under the guidelines of applicable state and city codes and ordinances and the recommendation from the Commission was forwarded to City Council in a timely manner. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, and Ozuna. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED Order of Decision: MOVED by Evans, SECONDED by Gable that the City Council approve the application submitted by Newell LaVoy for the final subdivision plat of Stonegate Subdivision Unit No. 1. Roll call. vote. Those voting yes: Evans, Ozuna, Langan, Wells, and Gable. Abstain: Earl. Those voting no: none. Absent and not voting: none. Page 265 MOTION CARRIED Book 40 Page 266 (PUBLIC HEARING ON REQUEST FOR ANNEXATION (ANN- 21 -99) BY THE ROMAN CATHOLIC CHURCH) Mayor Nancolas stated that the next order of business was a public hearing on a request for annexation from the Catholic Church.. This was a quasi - judicial :natter and all testifying will be sworn in. The Mayor reviewed the process for this hearing for the benefit of those who would be taking part in the discussion and testimony. After his review, the Mayor opened the public hearing. Mrs. James, Community Development Director, was sworn in and presented the Staff Report stating that this hearing was held before the Planning and Zoning Commission on October 14, 1999. The recommendation was coming forward from the Commission with a recommendation to Council to approve. Under Section 1.3, it states that the hearing tonight was legally noticed, posted and mailings sent to the proper people. The request was to annex approximately twelve acres into the City as an R -1 Zone. The applicant's narrative notes that at some future time, they plan to build a new church. The parcel was contiguous to the City's corporate boundaries. Under Land Use, this property was zoned County R -1; the boundaries to the west and south were County Agriculture; the boundary to the east was City R -1. The Comprehensive Plan designation was low density residential and the request was to come in as low density residential. It was within the City's Impact Area and the County Development Services was notified of the annexation on September 14, 1999, and again on October 26, 1999. Under Section 2.11, Transportation, Canyon County Highway District asked the City Engineer to assist in obtaining additional right of way. However, Mr. Law has indicated that the City would address the request at the time the property was developed. Mrs. James also presented an exhibit which was a letter dated September 25, 1999, from Lee Parsons, M.D. and was as follows: We recently received notice of the Catholic Church's request to annex their property at Ash and Farmway. We own approximately one acre nearby, on the north side of Ash. We wholeheartedly support the annexation of the Church's property and would also support the annexation of our property as well. Thank you for your time and attention. Those requesting to speak in favor of this annexation included Gina Lujack, 2418 Ray Avenue and Chuck McHugh, 607 Kiser Road. They were both sworn in and presented their testimony. No one was signed to testify in opposition or under discussion and questions. MOVED by Evans, SECONDED by Ozuna to close the public testimony. Roll call vote. Those voting yes: Evans, Earl, OzLina, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED Comprehensive Plan Analysis: MOVED by Langan, SECONDED by Ozuna to accept the Commission's Comprehensive Plan Analysis which was: The Comprehensive Plan designation is R -1. The request was in compliance with the following components: Residential Category — Policies 12 and 16. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, acid Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Findings of Fact: MOVED by Langan, SECONDED by Gable to accept the general facts outlined in the staff report and any facts brought forward during the public testimony tonight be included. Book 40 Page 267 Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Conclusions of Law: MOVED by Langan, SECONDED by Ozuna that the City Council has the authority to hear this request and to consider the recommendation of the Planning and Zoning Commission and to approve or deny annexation requests; the hearing on this request was noticed and heard under the guidelines of applicable state and city codes and ordinances. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED Order of Decision: MOVED by Langan, SECONDED by Ozuna that based on the Findings of Fact, Conclusions of Law, the City Council hereby approves Case No. ANN- 21 -99, the request by the Roman Catholic Diocese of Boise to annex approximately 12.66 acres into the City of Caldwell as an R -I Zone. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor noted that Council did need to accept the exhibits which included the Staff Report, Sign up sheets, and PR -1 a letter to the Planning and Commission from Dr. and Mrs. Parsons. MOVED by Langan, SECONDED by Gable to accept the evidence as presented by the Mayor. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Gable 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 The Hearing was closed by the Mayor. (CONSIDER BILL NO. 44 TO APPROVE THE ANNEXATION REQUEST BY THE ROMAN CATHOLIC CHURCH AND REQUEST TO WAIVE THE RULES AND PASS THE BILL ON THE FIRST READING AND APPROVE SUMMARY) Mayor Nancolas read Bill No. 44 by title only as follows AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT: AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY Book 40 Page 268 DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING TIIE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF TIIE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. MOVED by Langan, SECONDED by .Evans to waive the rules requiring that a Bill be read at three separate times and be read in full for one reading and pass after the one reading by title only. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Langan, SECONDED by Evans that Bill No. 44 be passed and entitled Ordinance No. 2304 after the one reading by title only and to approve the summary of the Ordinance for publication. Roll call vote. Those voting yes: Langan, Wells, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION TO APPROVE TIIE COLLECTIVE LABOR AGREEMENT WITH CALDWELL EIRE FIGHTERS) The Mayor stated that the next item was to consider passage of a Resolution approving the Collective Labor Agreement with Caldwell Firefighters. The Mayor reported that this process has been going on for several months and he wanted to thank all on the negotiating team representing the firefighters. They were outstanding and presented themselves in a professional manner. He was very pleased with the process and extended his thanks to all involved. The Resolution was read by the Mayor as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE LABOR AGREEMENT BETWEEN TIIE CITY OF CALDWELL AND CALDWELL FIREFIGHTERS, LOCAL #1821, LAXY, BE IT RESOLVED that the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute a Collective Labor Agreement as attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Caldwell Firefighters, Local #1821. MOVED by Evans, SECONDED by Gable to approve the Resolution authorizing the Agreement with the Firefighters. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, Wells, and Gable. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON WEST VALLEW REQUEST REGARDING IRRIGATION (SUIT- 25AA -99) Mayor Nancolas informed the Council and audience that this matter was Quasi Judicial and everyone testifying has to be sworn in and the format will be the same as follows in the previous public hearing. He then opened the public hearing and asked for the Staff Report from Mrs. James, the Community Development Director, after which Mr. Hilty, the City Attorney will make his remarks. Book 40 Page 269 Mrs. James, Community Development Director for the City of Caldwell, 621 Cleveland Blvd., was recognized and stated that she understood that she was still under oath for this hearing. In the Staff Report, Section 1.1, the hearing was legally noticed, posted, and mailings sent. The request was to hear a proposal regarding the ownership and operation of the irrigation system for West Valley Estates Subdivision. Under Section 2.4 was the background information which read as follows: On October 4, 1999, the City Council approved and signed an Order of Decision for Case No. SUB- 25A -99, West Valley Estates Subdivision Phases 7, 8, and 9. The Order of Decision sets forth specific conditions of approval including "the agreement between Pioneer Irrigation and the developer regarding ownership and maintenance of the irrigation system is to be signed by both parties before any remaining final plats are brought forward for approval." And, "the developer is to seek City Council's approval prior to withdrawing from the agreement with Pioneer regarding Pioneer's ownership and maintenance of the system." Included in the packet was a copy of the proposal which was a letter sent from Gary Babbitt, Attorney at Law, and would be considered as an exhibit. Exhibit PR -5 was also included in the exhibits which was a letter from David Kenyon, Senior, 4423 Arroyo Way in Caldwell. Mrs. James read the letter in full and it was included in the exhibits from this hearing. An Exhibit PR -6 was a letter from Bryan Walker of Walker Law Offices which was also reviewed. Mr. Walker was the Attorney for the West Valley Homeowner's Association and his letter was also submitted. Mark Hilty, City Attorney representing the City of Caldwell was sworn in and presented his testimony on this matter. Mr. Hilty stated that he spent a great deal of time that afternoon speaking with the attorneys for West Valley, Mr. Babbitt and Mr. Clark. Mr. Clark was here tonight to testify on behalf of the applicant. Mr. Hilty stated that in essence, the Council was being asked to modify conditions that were placed on the preliminary plats for Phases 6 through 9 of West Valley Estates_ The requests were included in Mr. Babbitt's letter of November 10, 1999, which Council did have copies of. The Council was authorized to amend preliminary plat conditions based on City Code I1- 02 -04, Subsection 6A. We have come to a point in the development of West Valley where Council previously required that they deal with Pioneer Irrigation District for approval, operation and maintenance of the irrigation delivery system in the subdivision. Based on his conversation with their representatives earlier today, they have reached impasse with Pioneer and cannot work out a mutually agreeable mechanism for transfer of those responsibilities to Pioneer. In the way he reads Mr. Babbitt's letter, the request was that they be granted some relief from the condition that they deal exclusively with Pioneer. One of the conditions set in September was that the developer must seek and receive approval from this Council to change the irrigation entity from Pioneer to any other entity and was the reason we were here tonight. Mr. Hilty reviewed Mr. Babbitt's letter that outlines the issues that he requested be addressed at this meeting. This letter was a part of the exhibits and available to anyone caring to review. At the conclusion of his remarks, the City Attorney informed Council that what the issue really was whether we were going to require the developer to continue to deal with Pioneer Irrigation District even though they were representing that they have reached impasse, or were we going to allow them to deal with some other entity that was appropriate for purposes of approving, operating, and maintaining, but not require thern to deal solely with Pioneer Irrigation; or determine whether approval just means that we were going to have someone come in and determine whether this thing was constructed properly or do we actually want an operating entity who was going to come in and approve for the purpose of taking it over for maintenance and operation. If the City decides to remove the condition that Pioneer Irrigation District be the exclusive entity that they were dealing with at this point, he would suggest that Staff be allowed to prepare a drafted order to that effect as there was several conditions at this time. There was a need to look at the conditions very careful. Book 40 The Mayor reiterated what he thought the Council and the Engineering Department's intent has been. The concernn for potable water being used for irrigation was not the preferable option. We have also held that surface water was the proper means of irrigation. In addition, to make sure that whatever subdivision goes in that the homeowners have a reasonable assurance that whoever operates and maintains the system has the financial capability of maintaining it for an indefinite period of time. Someone who has taxing authority was the appropriate or authorized entity to manage and maintain those systems. The City Council members discussed this matter at some length. The tape was available for anyone caring to review it. Mr. Hilty informed Council during the discussion that for them to go with the second option would allow the City to determine whether there was compliance with Pioneer's standards for construction. He advised them that going with this option would allow them to determine if it was constructed correctly. Actually, he did not see a lot of use in having the third party engineering firm come in to approve the system because maybe that doesn't meet the conditions. There was further discussion with regard to who should certify if the system was constructed properly and the other issues presented by Mr. Babbitt. After the discussion, the Mayor stated that they would continue with the testimony starting with Mr. Mark L. Clark, Attorney at Law, 523 9 1h Avenue South in Nampa. Mr. Clark was sworn in by the City Clerk and proceeded with his presentation to the City Council informing them that he would explain the request that they were making to the Council. Their request would be modified from the letter that Mr. Babbitt submitted since some circumstances have changed. Some of his comments pertained to the following: Reviewed Caldwell's Ordinance, 11 -04- 05(9), which was development standards with regard to irrigation facilities which stated that irrigation systems must be approved by the appropriate district and must be installed in accordance with the standards of that district; the Order of Decision from January 4, 1999, for the approval of Phase 6 and particularly the Finding .2.11.5 under irrigation and the following sentence, "Gordon Law noted that development is to include a pressure irrigation system as reviewed and approved by Pioneer "; memos to the Community Development Director from the City Engineer regarding the irrigation system and the fact that a maintenance agreement (July 6, 199) which was absent in January 4, 1999, so it surfaced after the developer were led to believe that they were to install the system pursuant to specifications of Pioneer; referred to Order of Decision on October 4, 1999, paragraph 8.1 which states that the agreement between Pioneer Irrigation and the developer regarding ownership and maintenance of the irrigation system was to be signed by both parties before any remaining final plats were brought forward for approval; at the Planning and Zoning Meeting, he tirade a presentation stating that it was time to resolve differences with Pioneer and they would work in good faith to try to work with Pioneer; Matt Munger has met with Pioneer's legal counsel and he believed it could be worked out; then they received the agreement back from Pioneer and they wanted a one million dollar bond and irrevocable guarantee by the developers that the system would work; reviewed a FAX from Earl and Associates pertaining to the inspection of the system (Exhibit PR -7); standards the City has established and the fact that West Valley has no leverage with Pioneer which has resulted in an impasse; explained that they have installed a functional system; developers do not want to maintain and operate the system and they were willing to find someone to operate it; submitted a letter from Hubble Engineering which was labeled as Exhibit PR -8; they were told that to get the final plat approved they have to come in with a signed, written maintenance agreement and they could not do that at this time or can't do it with Pioneer in conditions opposed — they were asking that this be relieved; in conclusion, he indicated that they have been denied their procedural due process as they operated on what Council set forth with requirements on Phase 6 on January 4, 1999; it was changed in October, 1999, after the money was expended. They were asking that at least with No. 6 that the City requirement imposed on Page 270 Book 40 Page 271 October 4, 199, be deleted and allow them to comply with the requirements of Earl Engineers. The Mayor stated that the intent all along was that this system would be taken over by Pioneer. It may not be specifically listed as a requirement. He did not believe that the rules had changed at least as far as perception was concerned. We have been told over and over by Mr. Munger and others that the agreement was there, documents signed, another entity would take it over which satisfied in his mind the concern that an appropriate entity was going to assume the maintenance and operation of that system. The assumption has been there all along that this body was under the impression that Pioneer was going to take it over. As a point of clarification, no one has tried to or intentionally changed any rules. There was considerable discussion at this point with Council asking a number of questions and stating support of the Mayor's comments and the fact that the City did not make requirements of West Valley that were not made to other developers. After the discussion, the Mayor continued with the sign up sheets. Linder discussion and questions, three people were signed to testify. The first one recognized by the Mayor was Bart Andrae, 4709 Antelope Way, who was sworn in by the Clerk and stated that he received a bill from Pioneer Irrigation which he found to be of concern and he also indicated that the deal with West Valley just did not seem right. Don Fountain, 2216 North Montana, was signed to speak, but was no longer in the Council Chambers. Ken Brush, 4010 Laster Lane, was recognized and sworn in by the City Clerk. Mr. Brush explained that he was on the Pioneer Irrigation Board of Directors and explained that he was there to listen, but did want to respond to a couple of comments by Mr. Clark. Pioneer has negotiated off and on for over two years to try to resolve questions about the system in West Valley Estates. They thought they had come to what they thought was an agreement and prepared two operating and maintenance agreements that were not signed. There had been more extensive fees for West Valley with regard to their legal costs as it was their standard policy that the developer was responsible for the attorney fees. The issue has been renegotiated a number of times. With regard to their latest proposal, phases I through 5 were never inspected by Earl and Associates; phase 6 was inspected by Earl and Associates and there were fewer problems with phase 6. With regard to the impasse, he found that very interesting because they have never received any response whatsoever from the West Valley Estates people. At their recent Board Meeting, they did discuss that there were some stringent requirements in their last draft of the agreement. Mr. Brush also discussed water rights and that they had expanded their boundaries to try to accommodate West Valley. During the ensuing discussion, Mr. Brush agreed that the issue could be negotiated and discussed this at some length with the City Council Members. He stated that they liked to believe that they were willing to work with people and see their side of a situation. With this developer, he has basically fought them every step of the way. Therefore, they have developed a little tougher negotiating stance with them than perhaps they have with a person who was a little more amiable. The Mayor asked for a short recess at 9:40 p.m.; Council reconvened at 9:45 p.m. Mayor Nancolas stated that the list of those speaking in favor and those with questions and answers was now completed. Two people were signed in opposition to this issue and would be heard at this time. Denise McDermott, 702 Antelope Way, was recognized by the Mayor and sworn in by the City Clerk, Mrs. McDermott spoke at some length explaining the Book 40 Page 272 reasons for opposition from the homeowners of West Valley. A letter to the Council dated November 15, 1999, was presented to Council and labeled PR -9 as well as a list of eleven items of concern labeled PR -10 and included as part of the record. This letter was basically reviewed by Mrs. McDermott and was available for review by anyone caring to do so. Council briefly discussed the issue with Mrs. McDermott including questions and comments with regard to the feelings of the homeowners about having a different entity covering the irrigation; that time was an issue to the homeowners; that the homeowners have had only one meeting with the developers, but none of the three principle developers were at the meeting. Bryan Walker, Attorney at Law, 911 Main. Street, Caldwell, was sworn in by the City Cleric. Mr. Walker expressed his concern about the lack of progress in this issue and further explained the Homeowners Association's feelings about the delay. In conclusion, he indicated that he felt an agreement was very close. Mr. Walker referred to a letter he sent and asked that a portion of it be entered into the record as follows: Idaho Code, Section 31 -3805 governs the delivery of water in proposed subdivisions within an established irrigation entity. The statute specifies two alternative methods for delivery that a developer may follow in order to obtain final plat approval or amendments, but the developer must follow one or the other. The first alternative was to transfer off the lots all water rights pertinent thereto and to obtain the exclusion of those lots from assessment obligations to the irrigation entity. The second method was to provide a satisfactory irrigation system approved by the City Zoning Authority or the City Council with the advice of the irrigation entity. If neither method of compliance was followed by the developer, the City was without legal authority to accept, approve any subdivision plat or amendment. In conclusion, Mr. Walker stated that he has reviewed a large amount of correspondence, memos and official documents and it was very clear that the inadequacy of the pressurized irrigation system within the West Valley Estates Subdivision has been an issue at least since early in 1997. To his knowledge, neither the Pioneer Irrigation District, the City Engineer, or any zoning authority has ever approved pressurized irrigation in place. During his comments, he indicated that they did support the idea of an independent engineer. Mr. Walker continued his remarks after which the Council Members asked a number of questions. The tape was available for review. After Mr. Walker's comments, Mr. Clark presented his summation and rebuttal. He presented two documents: the first being a Construction, Operation and Maintenance Agreement for Falcon Ridge 91 Subdivision which was labeled as Exhibit PR -I I and Construction, Operation and Maintenance Agreement, West Valley Estates Subdivision labeled as Exhibit PR -12 and letter from Elam and Burke to Matt Miuiger, dated September 21, 1999, labeled as PR -13. Mr. Clark asked the Mayor and Council to review those documents as after reading, they might be able to understand why the negotiations have broken down. Further comments included discussion regarding inspection of projects; Pioneer has taken the position that they will not negotiate with them for the crossing agreement of the Phyllis Canal until we enter into a maintenance agreement with them; explained when Pioneer did and did not participate in the testing; that they were willing to use Pioneer standards when inspecting as they were commercially reasonable. Mayor Nancolas stated that one of the questions that seemed to be of major concern to Pioneer was that parts of or all of Phases 1 through 5 were covered up without some sort of inspection. His question to all concerned was if it was feasible and possible to do a random uncovering of some of the ground to actually see the system and make sure that the right equipment was used and etc, and would it be something that would satisfy Pioneer's concerns. A pressurized test does not answer questions as to what was in the ground. Book 40 Page 273 Mr. Clark noted that Pioneer did participate in some of the testing so they were given the opportunity. In addition, he did not have the authority to commit to that. Mr. Law stated that the City did not inspect the irrigation system and the reason was that the City was not accepting the system. There was considerable discussion with the Mayor noting that Mr. Brush did testify that they were willing to reconsider some of the requirements for individual liability in regards to the bonding. He heard it testified that two years was the number requested for warranty which did not seem unreasonable. The Mayor further stated that there were several things that were really not very far apart and he believed they could be negotiated. Based upon the testimony and if Pioneer was willing to continue to negotiate, would Mr. Clark be willing to continue. Again, Mr. Clark stated that he did not have the authority to determine that. Councilwoman Earl stated that the Council has been given a number of documents and asked to read which obviously could not be done tonight. She believed they should honor this request and continue the hearing until they were able to review that material. In addition, she suggested that the parties try one more time to sit down and come up with a solution as she would like to see it worked out. Mayor Nancolas commented that Mr. Clark has asked them to read some lengthy documents. He still believed that they could challenge the parties involved to sit down and try to resolve this matter. Out of respect for these documents, it would be pertinent to continue this Public Hearing until December 6, 1999, during the Regular City Council Meeting. He would request that Mr. Hilty examine these documents and specify the difference from a legal standpoint. In addition, the Council would be given a copy for their study. MOVED by Earl, SECONDED by Gable to continue the Public Hearing until the Regular Council Meeting on December 6, 1999. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Mayor Nancolas pointed out that Item 8 on the Agenda would also be considered at the meeting of December 6 t3i . He advised everyone that no additional names would be added to the sign up sheets on December 6"'. All signed this evening have testified, but he would certainly entertain any new information that would result from a negotiation process. Council Members could ask questions of any person who has testified and been sworn in at this hearing as well as City Staff. The results of Mr. Hilty's assignments will be brought forward. The Mayor also reminded everyone that they were under the rules of the Open Meeting Law and ex parte communications which means that the Mayor and Council cannot have conversations about this issue with anyone. FINANCIAL REPORT) Councilman Ozuna reported that the Finance Committee has reviewed current accounts payable in the amount of $796,301.10 for the period ended November 10, 1999, and a net payroll of $132,944.58 for the pay period ended November 6, 1999. MOVED by Ozuna, SECONDED by Gable that accounts payable in the amount of 5796,301.10 represented by check numbers 65983 through 66339 and payroll for the amount of $132,944.58 represented by check numbers 66575 through 66693 and direct deposit stub numbers 12109 through 12218 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Book 40 Page 274 Roll call vote. Those voting yes: Ozuna, Langan, Wells, Gable, Evans, and Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REPORT BY FINANCE DIRECTOR) EIJay Waite, Finance Director, was recognized by the Mayor and reminded Council that at the last Council Meeting, there was a representative from RSVP who made a request of Council. She called back to see if there was any action taken by Council. Her request was for $1,000 for help with their programs. Mayor Nancolas stated that the budget was already set for this year and would invite her to come back before next year's budget. Council Members also noted that they have to be careful in contributing to these kinds of programs. Mr. Waite informed Council that he has asked that none of these kinds of requests be presented to Council during budget time and maybe he should have. He did put money aside in case there was a need. Councilwoman Earl stated that they did have to be careful in spending public monies for private causes. There were some laws and legalities in this area. Mr. Waite informed Council that he did want to talk with them regarding the fee increase requested by Browning Ferris. They have gone back and looked at their rates and found an error in their calculations. The increase instead of being in excess of $120 for each of those 20, 30, and 40 yard bins on the roll off rate, it was now $100.50 proposed for the 20 yard and $103.25 for the 30 and 40 yard. There has been no increase in rates since 1995. These were still the largest rate and have an impact of 1/3 of what was originally proposed on Kit Manufacturing, for instance. Instead of a $15,000 a year increase, it would be more in the range of $5,000. Kit Manufacturing was going to confirm them with him as he was still looking over the figures. Mr. Gavin wanted to hold these rates constant during the remainder of the term of our contract which would be for an additional two years over the current year that was left on the contract. We need to now publish the information on the fee increase and contact those who have the highest impact and schedule the public hearing. Mr. Gavin also wanted to know whether there would be a two -year extension. Mayor noted that no decision was needed at this time. A public hearing would be scheduled for a fixture time. (CITY COUNCIL REPORTS) Councilman Wells made a short report on the Historic Preservation Meeting. There were no reports from Councilman Gable and Councilman Evans. Councilwoman Earl expressed her concern about the phone system. Mr. Waite assured Council that they were trying to work out the problems. No reports from Councilwoman Ozuna or Councilman Langan. (MAYOR'S COMMENTS) Mayor Nancolas reported that the Youth's Advisory Council met that afternoon and it was an excited group of kids. They want to be involved in the Police Station bond issue, the Parks Master Plan, and the Comprehensive Plan upgrade. Two members from the Committee will be assigned to attend the meetings and do whatever the boards ask them to do. There needed to be a liaison from the Council to this Board. They would meet the first Monday of each month at 4:00 p.m. Councilwoman Earl 'informed the Mayor that she would like to serve in this capacity. Book 40 Page 275 Councilwoman Earl reported briefly on a meeting with the County pertaining to the Impact Area. They passed a Resolution to send our proposed Impact Area to the Planning and Zoning Commission. The Mayor further stated that the County has passed an Urban Renewal Agency that mirrors ours; three awards were presented to the City of Caldwell at the Local Energy Conference; Caldwell also received the Leadership Award in Rebuild Program and commented that Caldwell was a model City; he also received the 1999 Leadership Award. (ADJOURNMENT) MOVED by Evans, SECONDED by Gable that since there was no further business, the meeting be adjourned at 11:45 p.m. MOTION CARRIED APPROVED AS written THIS 6th DAY OF December , 1999. Councilperson Councilperson ATTEST: � .-- City Clerk