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Home My WebLink About2003-12-15city council minutesREGULAR MEETING DECEMBER 15, 2003 7:00 PAL The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Bob Larson of Calvary Chapel. 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, Wells, Blacker, and Callsen. Absent: none. SPECIAL PRESENTATIONS The Mayor presented Employee of the Month to Scott Woods of the Engineering Department. He read a letter that was written by Ben Weymouth. Scott was given a plaque and a gift. The Mayor stated that four members of the Mayor's Youth Advisory Council attended the National League of Cities conference to talk about what they have accomplished. The Mayor introduced Christie Marroquin, Madam Chairperson. Christie spoke about the conference and thanked the Mayor and Council for giving them this opportunity. Alicia Yee, Vice - Chair, reported on the response they received while at the conference. Danielle Taylor, a Junior at Caldwell High School, stated that it was a great opportunity to attend this conference as an underclassman because it gave her things to look forward to. Molly Baxter, a Junior from Vallivue High School, stated that they had the opportunity to meet a lot of new people and encourage other cities to start a Mayor's Youth Advisory Council. The Mayor noted that the Youth Advisory Council put together a Powerpoint presentation and brochures that they distributed at the conference. He added that Caldwell is very fortunate to have these young people on the council. Christie introduced Marina, a student from the Ukraine who is part of the Council this year. Marina stated that she is very pleased to be a part of this Council. The Mayor noted that he has distributed to the Council the executive summary of the national municipal policies and resolutions that were discussed and adopted at this conference. He highlighted the Finance, Administration and Intergovernmental Relations, Community and Economic Development, Transportation and Infrastructure Services, Information Technology and Communications, and the need to have communities work together to address the big issues. The Mayor noted that his attendance at this conference and his lodging were paid for by the conference. The City expended $124.50 over six days to cover meals, transportation, and parking. He noted that two people at the conference represented Idaho: himself and Ken Harward. They did there best to convey Idaho's issues and concerns to the other cities of the nation. ADDITIONS OR DELETIONS TO THE AGENDA Councilman Hopper requested that Item #1 be removed from New Business as this has already been approved and does not require further Council action. Also, the Mayor recognized Gordon Law and asked Council to approve moving Item #8 under the Consent Calendar to Item #1 under New Business. MOVED by Blacker, SECONDED by Wells to approve the Agenda as amended. Roll call vote. Those voting yes: Blacker, Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor welcomed the high school government students and asked that they introduce themselves. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council: 1. Dispense with reading of the minutes of the December 1, 2003 Regular City Council Meeting and approve as written; 2. Approve acceptance of the minutes from the Historic Preservation Commission held on October 8, 2003, the Caldwell Traffic Commission held on November 19, 2003, and the Caldwell Public Library Board held on March 6, 2003, April 3, 2003, May 1, 2003, June 5, 2003, July 1, 2003, August 7, 2003, September 4, 2003, October 9, 2003, November 6, 2003, and the Library's Monthly Report of Revenue for October 2003 and November 2003; 3. Approve the appointment of Joan Pemble to the Caldwell Public Library Board of Trustees; 4. Approve the re- appointment of Phil Fouts to a four year term, the appointment of Randy Rudeen to fill a vacancy through December 31, 2003, and the appointment of Mack Kreizenbeck as an alternate on the Industrial Airport Commission; 5. Approve Order of Decision on Case No. SUB- 92P -03 (South Park Business Center); 6. Approve Resolution No. 130 -03 authorizing execution of an Animal Control Agreement with Canyon County; 7. Approve Resolution No. 131 -03 authorizing execution of a Crossing Agreement with the United States Department of the Interior Bureau of Reclamation for fie construction, operation, and maintenance of a 12" potable water main within the Solomon Drain Easement; 8. Approve Resolution No. 132 -03 authorizing execution of an Airport Tenant Agreement and a Cancellation of Airport Tenant Agreement with Alpha Aviation; 9. Approve Resolution No. 133 -03 authorizing execution of an Airport Tenant Agreement and a Cancellation of Airport Tenant Agreement with T &C Aircraft, Inc.; 10. Approve Resolution No. 134 -03 authorizing execution of the Annual Road and Street Financial Report; 11. Approve Resolution No. 135 -03 authorizing execution of a Master Equipment Lease/Purchase Agreement with Wells Fargo Brokerage Services, LLC; 12. Approve Resolution No. 136 -03 to relocate joint recreational facilities with Caldwell School District No. 132; 13. Approve Resolution No. 137 -03 accepting a Right -of -Way Deed and Utility Easement from William and Susan Wakeley; 14. Approve Resolution No. 138 -03 authorizing the filing of the petition for the judicial confirmation concerning the proposed lease agreement with Wells Fargo for financing water and sewer improvement systems; 15. Approve ratification of the Mayor's Youth Advisory Council Bylaw Revisions; 16. Approve Award of Bid to Aries Industries, Inc. for $97,934 for a sewer line television equipment package; 17. Approve Award of Bid to Lithia Chevrolet of Boise for $19,815.90 for a 2004 4X4 Pickup for the Water Department; 18. Accept the Assessment Roll for Local Improvement District No. 03 -02 and set Public Hearing for January 20, 2004. MOVED by Ozuna, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONTINUATION OF PUBLIC HEARING [QUASIJUDICIAL] ON CASE NO. SUB- 76F -02, A REQUEST BY SILVERHAWK DEVELOPMENT FOR FINAL PLAT APPROVAL OF WOOD SPRINGS ESTATES) The Mayor explained the Public Hearing process. The City Clerk sworn in those signed up to speak. Joan Johnson, Community Development Planner, 621 Cleveland Blvd., gave the staff report. She noted that because this public hearing was continued numerous times, the public agency comments were generated in June and the applicant has been working with the Engineering Department on improvements for the project. She noted that the Engineering Department communicated that the bonding amount would be less than $20,000 for the remaining items of this project. Anne Marie Jones, 2512 S. Georgia, Caldwell, acknowledged being sworn in and stated that the following items have been completed: domestic water and sewer; fire hydrants; asphalt paving; curb, gutter and sidewalk. She stated that the only things left are installing the pump station, the concrete collars on the sewer manholes, streetlights, and street signs. She noted that she has a letter from the engineer at Pioneer Irrigation District indicating that prior to final acceptance of the pressure irrigation system the punch list walk- through must occur. This has not happened yet. The pressure irrigation main has been pressure tested and the pump station, wet well, and slab have been constructed but the pump station equipment has yet to be installed. Jones noted that she spoke with the contractor this morning and he is hoping that will be done by the end of the week. He is anticipating that the other items will be done by Christmas. Jones also noted that she has a letter of credit from Farmers & Merchants Bank. The nuclear in place density and core density testing on the asphalt has been completed. MOVED by Hopper, SECONDED by Dakan to close the public testimony portion of this public hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: Staff Report, sign -up sheets, and final plat document. 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, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Blacker to approve the general facts as outlined in the staff report, the public testimony that was given as well as the evidence list, and the fact that there was no one in opposition to the applicant's application. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED CONCLUSIONS OF LAW: MOVED by Ozuna, SECONDED by Blacker that the Caldwell City Council has the authority to hear this request 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 local ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 76F -02, the final subdivision plat approval of Wood Springs Estates, to develop 16 residential and 2 common area lots is approved. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONTINUATION OF PROTEST HEARING ON THE CREATION OF LOCAL IMPROVEMENT DISTRICT NO. 03-03 FOR THE PURPOSE OF CONSTRUCTING SANITARY SEWER IMPROVEMENTS) Ben Weymouth, Assistant City Engineer, 621 Cleveland Blvd., acknowledged being sworn in and gave staff report. He noted that the Engineering Department has contacted 10 of the 11 property owners within the subdivision. Three of them are in favor of the paving, six are opposed to it, one is neutral, and there was no comment from one. Only 27% of the residents are in favor of the paving. There is 100% of the residents in favor of the sewer portion of the LID. Weymouth stated that the Council has the choice to approve the LID as sewer only or they can approve it as sewer and additional paving. Councilman Wells asked if the proposed ordinance includes the paving portion. Weymouth stated that it has been revised to exclude the additional paving portion. Councilman Hopper stated that since he was not part of the original hearing, he would be abstaining from the vote. Councilman Wells stated that based upon the last Public Hearing and the survey of the residents, he is in favor of going forward with the sewer project and not with the additional paving. The Mayor read a letter from Don and Tonya Buie, 610 E. Ross Lane, Caldwell, dated December 15, 2003 stating that they were in favor of the LID, but not in favor of adding pavement at a cost of $600. The Mayor labeled this Item CC-1000. MOVED by Dakan, SECONDED by Wells to close the Public Hearing. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 33 [ORDINANCE NO. 24861 TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 03 -03, WITH THE REQUEST TO WAIVE THE THREE READING PROCESS, PASS ON THE FIRST READING AND APPROVE FOR PUBLICATION) The Mayor Bill No. 33 by title only: AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 03 -03 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE HEREIN, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK; PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING SEVERABILIIY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. MOVED by Ozuna, SECONDED by Blacker to approve the passage of Bill No. 33, Ordinance No. 2486 on the first reading. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Dakan, SECONDED by Blacker to sponsor Bill No. 33, waive the three reading process, pass on the first reading and approve for publication. Roll call vote. Those voting yes: Dakan, Wells, Blacker, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED NEW BUSINESS (CONSIDER RESOLUTION AUTHORIZING EXECUTION OF A MUTUAL COOPERATION AGREEMENT WITH UNITED WATER IDAHO, INC.) Gordon Law, City Engineer, reported that a new piece of information has come to his attention that affects the validity of the proposed agreement. The purpose of the agreement was to remove the City from a protest under certain conditions. Law stated that the condition that causes concern for him is that United Water's Omnibus application included an attempt to try to legitimize a number of water rights that we think they might have forfeited. Law stated that we have requested that both water rights be submitted to the Snake River Basin Adjudication for determination by a judge of whether they were forfeited. Law stated that on Friday they were notified that the hearing officer who had made that order in compliance with our request was having second thoughts about his order and had submitted them to the Director of the Department of Water Resources in asking his opinion. There is a chance that the director may convince the hearing officer to change his opinion, which changes the whole basis for this agreement. Law stated that he requests that Council approve the resolution conditionally. The condition would be that nothing changes. Councilman Wells asked how the diversion rate requirements work with the water rights for drilling new holes for growth. Law stated that this question is directed toward one of the more complicated components of United Water's application. That component was that they wanted authority to divert or produce from any well any water right that they held. That could affect the City so they spent a great deal of time negotiating conditions to limit their authority so they would not jeopardize or damage other people's water rights. Law stated that the condition Wells referred to is specifically related to the idea of trying to limit them to a certain quantity of water if they chose to produce from an early priority water right. There are other conditions that apply and were agreed to by the City in order to protect Caldwell, Meridian and others who might be affected. Law stated that in the negotiation process, they always measured what they were asking United Water to do by what they were willing to live with. Law stated that we do not have an application before the Department of Water Resources like United Water. He added that they have weighed and measured every condition that they sought from United Water's application to see if they could live with it. Law stated that the City is still free to make application for water rights subject to the availability of water. The concern is that we didn't want to allow another entity in the valley to completely dominate the City out of existence for being able to grow. Councilman Wells asked if this agreement accomplishes that goal. Law stated that it does as long as the conditions, such as the issue on the adjudication, does not get resolved contrary to the way we thought it would be resolved. MOVED by Wells, SECONDED by Hopper to approve this resolution conditional that the original premise for this agreement is unchanged. Roll call vote. Those voting yes: Wells, Blacker, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL AND HUMAN RESOURCES REPORT) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $336,719.26 for the period ending December 5, 2003 and a net payroll of $196,303.97 for the pay period ending November 29, 2003. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $336,719.26 represented by check numbers 17952 through 18136 and the total payroll for the amount of $196,303.97 represented by check numbers 4005 through 4086 be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent and not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan reported on the Senior Citizen Board. They had their elections last week and will be submitting the new officer names for approval at the next meeting. Councilwoman Ozuna, Councilman Hopper, Councilman Callsen, and Councilman Wells reported on the success of the Caldwell Night Light Parade. �7. �' i '�'��-W��,r.�.;•;43:Me'�f'��xl r"5'+�•V.1f'S�': :4 ja'�!- r' r�.'�'. {•7th Y °'' k'i ' 4ew �y � '4',.es�... x5+4 k'�?'t'it�l * _ . e At -- Jlr� I g • . I k : �,... •� . r' 7' !�r�'4rk; ±A6`.'�.^ : {•:�h'�:� 4 r 1• r' i f.�4• 5 � _ rr . - - '? � �� ' 1 •ax -{F�F �.� r di� l rye ,� 'f ryerM. '•hr. sue. w I LT �F t 5