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HomeMy WebLinkAboutCity CouncilD I CITY COUNCIL ITEM DATE ST'BMITTED BY CC-l AGENDA V-S-=aro q- ,.2.p CC-z MINUTES V-5' z.> ro 9 5- :a'd--P-'(El^,n, cc-g 5i6rr tr55trre*a L.{- )7'rr-. ""-o Nnr^),a i\-t\ t Y - tfz"u cc-5 t}\i nrctnl 4 -\q 5{'>P cl CC-6 [r Xtr cQ\et-Y-1^',-ro CC-7 CC-8 CC-9 c!-rl--- 6t-/tL- 6r-Jt-- @J/ D a April Cabello From: Sent: To: Cc: Subject: Anne Marie- Skinner Tuesday, April 06, 2010 9:53 AM Dave Marston; Karla Baker; April Cabello; Timothy J. Frans; Jared Hale; Jeff Mcfrederick Erent Orton Plat extension The preliminary plat for Sierra Estates Subdivision (formerly known as Sierra Ridge Subdivision) has until April 20, 2016 to accomplish all recordings. Anything that has not been recorded at that time will expire. Please let me know if you have any questions. Thanks, Anne Marie I A , oo oflo/ro Tbc Trcazun tbc ltallzy April 20, 2010 Kevin Howell 4822 N. Rosepoint Way, Ste. C Boise, lD 83713 RE: Case No. SUB-160(E)-06 (Siena Estates Subdivsion time extension) Dear Kevin: Enclosed for your files please find a copy of the above referenced Order of Decision as approved by the Caldwell City Council on April 5, 2010 and signed on April 19, 2010 by Mayor Nancolas. Please refer to Section 6 for conditions of approval. lf I can be of any assistance or if you have any question, please call me at 4s5-466.2. Anne e Senior Planner/Development Team Leader Enclosure Cc: Case File Mason and Stanfield 314 Badiola Street Caldwell, lD 83605 .4,@ 6;)*E-. (ltv Holl .4ll Blolne St. . P.O. Bor I179 r (oldLrell. ldoho 83606 . (aOB) 455 30O0 o fFI: (9O8) 455-3003 . urLrrur.(itvofcoldurell.com c"'q (alDlu€r! 4iFya Gonet Nolcolo< !Iv- Qq{ .De.W)l@ Gever ,(au!ar.!4qMs<85-ren^ls Collsen BoU Oot"s I Bob Sobbo Jlm Dokon 'Bot, Hopp?r llltm Bloc}er Prf,xrixe C :621 Clevelond Blvd, tolduell, lD 836O5 Ea<rraF ,Brlcrn BiUingsloV, A!ap [,4?i*'*'' o BY THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO PUBLIC HEARING APRIL 5, 2O1O SIGNED APRIL 19, 2O1O Subject: Case No. SUB-i60E-06 (Sierra Estates time extension) THE FOLLOWNG LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: TIME EXTENSION REOUEST FOR THE SIERRA ESTATES SUBDIVISION PRELIMINARY PLAT TABLE OF CONTENTS: o a t. il. l[. tv. V. vt. COURSE OF PROCEEDINGS GENERAL FACTS TESTIMONY FINDINGS OF FACT CONCLUSIONS OF LAW ORDER OF DECISION 1.1 I COURSE OF PROCEEDINGS The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application SUB-'I60E-06 to be held before the Caldwell City Council on April 5, 2010. Public notice requirements set forth in ldaho Code, Chapter 65, Local Planning Act, were met, On March 21 , 2010 notice was published in the ldaho Press Tribune and on March 19, 2010 notices were mailed to all property owners within 300 feet of the site as well as political subdivisions serving the site, and on March 25, 2010 notice was posted on the subject property. 1.2 On April 5, 2010 the Caldwell City Council approved the time extension request. '1.3 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings. APPLICANT/DEVELOPER: Kevin Howell, 4822 N. Rosepoint Way, Ste. C, Boise, lD 83713. Page I of 5 C, .Q ORDER OF DECISION II GENERAL FACTS 2.1 OWNER: Kevin Howell, 4822 N. Rosepoint Way, Ste. C, Boise, lD 83713. ENGINEER: Mason and Stanfield, 314 Badiola St., Caldwell, lD 83605. Case No. SUB-160E-06 (Sierra Estates time ext) ORDER OF DECISION a 2.2 REQUEST: The owner and applicanUdeveloper are seeking a time extension on an approved preliminary plat for Sierra Estates Subdivision. 2.3 BACKG OUND:The preliminary plat for Siena Ridge Subdivision (now known as Sierra Estates Subdivision) was approved by City Council on April 16, 2007. Total acreage: 64.27 acres Total buildable lots: 221 buildable lots in an R-'l Single Family Residential zone. Dwelling Units Per Gross Acre: 3.44 Average Lot Size: 7,730 square feet A one-year time extension request was approved in 2009 by the Planning and Zoning Commission extending the plat approval to April 20, 2010. No final plats for any of the 4 phases have been recorded as of yet for the project. However, both on-site and off-site construction drawings were stamped approved for construction on September 12, 2007. No pre-construction meetings have been held as of yet. Approval of the preliminary plat is valid for a period of twenty-four (24) months from the date of signature on the Order of Decision for the preliminary plat by the City Council. Failure to obtain the final plat approval and to record the final plat in accordance with that time frame shall cause the preliminary plat to become null and void, unless a one-year extension of time is applied for by the suMivider prior to the expiration date and is granted by the Planning and Zoning Commission/Hearing Examiner following the public hearing process. It shall be understood that the granting of a one-year time extension of the development schedule itself constitutes a one-year time extension for each phase, No further extensions shall be permitted, unless otherwise granted by City Council following the public hearing process. 2.4 LOCATION: The subject property is located at the northwest corner of Ustick Road and Farmway Road. 2.5 LEGAL DESCRIPTION: A legal description was submitted with the underlying application and was incorporated into the original preliminary plat file for reference purposes. 2.6 COMPREHENSIVE PLAN DESIGNATION:The Comprehensive Plan Map designation for this 2.7 COMPREHENSIVE PLAN CO M PO NENTS APPLICABLE TO THE REQUEST o 2.7 .1 Property Riqhts:The five checklist criteria set forth by the Attorney General in the "ldaho 2.7.2 2.7.3 Regulatory Takings Act Guidelines" were reviewed by the planning staff. School Facilities and Transoortation: The school was notified ofthe request. Public Utilities and Services:The Engineering Department, fire plans examiner, building plans examiner, Police Department, Caldwell and Vallivue School Districts, District, Caldwell Transportation, ldaho Power, Brown Bus Company and Company were sent a request for comment. Replies are as follows: Case No. SUB-160E-06 (Siena Estates time ext) ORDER OF DECISION Pioneer lnigation lntermountain Gas Page2 of 5 site is Low Density Residential. a Fire Plans Examiner: This office has no concems regarding this time extension Police Code Enforcement: Sierra Estates was written up last year and marked off as complete. As of March 2, 2010 this property is clear of violations. Enoineerino: At this time the Engineering Department has no concerns with granting the requested time elitension, but would like to provide City Council with a status report of this development. Construction Drawinqs: - On-site construction drawings were stamped approved for construction 9-12-2OO7 .- Off-site construction drawings were stamped approved for construction 9-12-2OO7 . Pre-constru n Meetino A pre-construction meeting for this development has not yet been scheduled and/or requested by the developer. 2.7 .4 Land Use: The su bject property is bare ground with an R-1 Low Density Residential zone classification and a Low Density Residential designation on the Caldwell Comprehensive Plan Map. Oirection Zone Comprehensive Plan Map North County Low Density Res None Low Density Res Commercial South County West County East County 2.8 GENERAL: The subdivision ordinance outlines the process for time extension requests, but it does not give any reasons for or against granting a time extension request. Generally, the policy has been that time extension requests are approved if all the following are true: 1) the preliminary plat as originally approved is still in the best interests of the City; 2) the preliminary plat as originally approved does not present a safety hazard to the general public; and, 3) the preliminary plat is still generally consistent with current City Code and the Comprehensive Plan. Staff finds the above to be true and recommends approval of the time extension request. III TESTIMONY BEFORE CITY COUNCIL, APRIL 5, 2O,IO Case No, SUB-1608-06 (Siena Estates time ext) ORDER OF DECISION o Use Ag Ag Ag Ag Page 3 of 5 o 3.1 The Mayor asked the City Clerk to swear in those who would be giving public testimony. The Mayor declared the public hearing open. 3.2 Anne Marie Skinner, 62'l Cleveland Blvd., presented the staff report and outlined the facts as written. She noted that the previous name of the subdivision (Sierra Ridge Subdivision) was changed due to a request by emergency services. A one-year time extension request was approved in 2009 by the Planning and Zoning Commission extending the plat approval to April 20,2O1O. No final plats for any of the four phases have been recorded as of yet. Both on-site and off-site construction drawings were stamped approved for construction on September 12, 2007. No pre-construction meetings have been held as of yet. She noted that the property is clear of all code enforcement violations. The development currently is bare ground. Staff recommends approval of the time extension request. 3.3 Scott Stanfield of Mason and Stanfield, 314 Badiola Street, acknowledged being sworn in and spoke in favor of the development. He noted that the development owner has contracted with a farmer in the area who will be farming the parcel, which will help mitigate any weed concerns. 3.4 MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing 3.5 Those voting yes: unanimous 3.6 MOTION CARRIED 3.t The Mayor presented the Evidence List: staff report, sign-up sheets, and preliminary plat for SUB-160E-06 know as Sierra Estates Subdivision. MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented3.8 3.9 3.10 3.11 Those voting yes: unanimous MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, the evidence list that was presented, and note that there was no opposition to the request. 3.12 Those voting yes: unanimous 3.13 MOTION CARRIED 3.14 MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear this request and to make the decision lo approve or deny; and the public hearing was noticed and heard within the guidelines of applicable state codes and local ordinances. 3.15 Those voting yes: unanimous. 3.16 MOTION CARRIED 3.17 MOVED by Hopper, SECONOED by Blacker based on the Findings of Fact and Gonclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-'I608-06, a request by Kevin Howell and Mason and Stanfield for a time extension for Siena Estates Subdivision is approved with the conditions as outlined in the staff report. Case No. SUB-I60E-06 (Sierra Estates time ext) ORDER OF DECISION Page 4 of5 o o 3.18 Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and/or not voting: none. 3,19 MOTION CARRIED 3.20 MOVED by Hopper, SECONDED by Blacker to close the public hearing 3.21 Those voting yes: unanimous. 3.22 MOTION CARRIED IV FINDINGS OF FACT 4.1 The Caldwell City Council accepts the general facts outlined in the staff report, public testimony and the evidence list approved through a previous motion. V CONCLUSIONS OF LAW 5.1 The Caldwell City Council has the authority to hear this request and order that it be approved or denied. The public notice requirements were met and the hearing was held and conducted under the requirements of ldaho Code and City Ordinances. 6.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-160E-06, a request by Kevin Howell and Mason and Stanfield for a time extension for Sierra Estates Subdivision is approved with the following conditions: 6.2 All final plats for Sierra Estates Subdivision shall be recorded no later than April 20, 2016. 6.3 No further time extensions shall be allowed for Sierra Estates Subdivision. CASE NO. SUB-160(E)-06 WAS HEARD BY THE MAYOR AND CITY COUNCIL AT A PUBLIC HEARING HELD APRIL 5, 2O,IO. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION WERE APPROVED BY CITY COUNCIL MEMBERS AND SIGNED BY MAYOR NANCOLAS AT A REGULARLY SCHEDULED MEETING HELD APRIL 19, 2010. ATTEST: Mayo r Garret L. Nancolas o r"$iiid{l?.' *,r..,.l',iffi Case No. SUB-160E-06 (Siena Estates time ext) ORDER OF DECISION City Clerk Page 5 of5 VI ORDER OF DECISION b,,^r<.r1,.-f. lorsr o PAGE M (WORJ<SHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED COMPREHENSIVE PLAN IJPDATE, THE PROPOSED WILLFIJL NEGLECT ORDINANCE, AND THE CALDWELL HOUSING AUTHORITY) SPECIAL MEETlNG WOR,(SHOP APRIL T9,2OIO 5:30 P.M. Council Memb€E Present Mayoa Nancolas, Blacker, Oates, Hopper, Callsen, D6kan, and Sobba. Staff Members Present: Brian Billingsley OtheE: Mikc Dittenber md Elaine Crrpenler COMPREIIENSIVE PLAN Mr. BillingJleji gave a Power Point presentation on rhe recently complered update to th€ Compaahensive Plsn. Mr- Billingsley latcr presen(cd the proposrd Comprchensiva plan map to thc City Couicil. Hc stared thal a citizen advisory committee was fomed to rcview the plan .nd r€commend gmls and policies. He also said thal he interviewed over 30 ciry omcials, developers, and colleagues. Councilman Oates ask€d ifthc new Compreh€nsive plan colfticG with the goals and policics ofthc Airpon Master Pla,'. Mr. Billingsley replied that the new comprchensive plan is ionsisteni with the dircction of the Airpo( Master Plan and encourages th€ expansion oithe airpon and the improvements plarued to take plac€ over thc next seveBl years. Councilman Dakan asked a question about orr population projeations. Ha h€ard that maDy cities in the Treasure Valley hav€ lost population in th€ past year. Mr. Billingslay replied thal the projccts are provided by an oulside oBanization with demographic aalents. Hc said that Caldwcll was onc'of very few cities in the Tr€asue Valley rhat gained population in 2009. Mr. Billingshy announced lhat the plan was given a positive rEaommeodation by the planniDg & Zoning Commission and is sch.duled for a public hearirg on May 17. He asked the Council to contact-him if6ei havc any questions or conccms about the plan, WILLFUL NECLECT ORDINANCE Mr. Biuingsley passed our copies of Bill IO, Ordinance 2E25 !o the Council which contains rhr€€ items sought by the Historic P.eservation Commission. The frst itcm deals with f€ncin8 standards; lheCommission would likc to have th€ ability to rcview pick€l f€ncing materials thal arc not made of wood. Secondly, rhey would like the ability to requile a Cerrificate ofAppiopriatencss when a whcelchair ramp isbuilt or altercd on a hisroric building. The third itern deals with crearing a process lo abale a situation where a prcperty owDe, is wiltfrrlly neglecting a historic propcrty. Mr. Billin8stey explaincd rhar Ciry Cod€ prohiLits'llilltul negtect ofa hrstoflc property, but the code does not esrablish a process to colr€ct the situation. Hr proposcd a codeamendoent that would give rhe prcperty owner a chadce to appear beforE the Historic pr€s€rvation Commission and work a plan of action ro clesr up the cod€ violation. Ifthc p.opcrty does not followlkough with the plan ofaction, the Commission could s€nd a fomal rccomm.nd;ion 6 the City Council to proceed with legal action- Several Councilmen stated theb concems about the ordinance. First, Councilman Oatcs srated thar he would trot vote for the amendmcnl Councilman Sobba wonder.d ho\y stalf would be able to determinc ifa property is being willtully neglected. Counrilman Blacker asked if a dednition of willful neglect is in the zoning ordinance. Councilman Hopper ask d if statr could enfo.ce such a process city-wide rath.r thanjust ou historic propenies. Elaine Carpefier, representing $e Commissioq stated that the Commission wants to work with property owncrs to make their buildiDgs look respectable. She said it is not a goat of the Commission o harasi propefty owners; the amendhent would esublish a process wherc staff aard the commission can work together to clean up a historic building. Mikc DiBenber from the Cstdwell Housing Authority spokc aboutprogams under his direction that could be helpful to the Hisroric Distsict. He srated that he harthe ability to subpoeDa witnesses and iovesrigate housing dilapidation ma$ers. l\4_i: Bilitrgsley.suggeslcd thar rhe public hearing for lhe Willful Neglecr ordinance b. continued to Mayl7th. He will discuss the workshop with the Commission before the meeting on the lis. CALDWELL HOUSTNC AT]THORITY Mr. Mike Dittenber ofth. Caldwell Housr'ng Authority located at Farmway Vill€e, addrcssed the Council and presenteda PowerPoint presentation. Topics addressed by Mr. Dittenber inciuded: A brief history of wh€n the Caldwell HousinS Autbority was create4 a description of Farmway Village, the purpos€ of the Ctldwell Housing Authoriry, some of the baniers ro rhc success ofthe Cald\xell H;using Authority, and dis.ussion as to how the Caldwell Housing Authority can b€ ofbeoefit to the City ofC.ldwell. No decisiors were made ot action taken. ]oors,o SPECIAL MEETINC EXECUTIVE SESSION APRIL 19,2010 6:45 P,M, PAGE 45 The workshop adjoumed at 6:45 p.m. MOVED by Oar€s, SECONDED by Blackcr to convenc into Ex€cutive Sc$ion puBuan! to ldaho Code, S€ction 67-2J45, Subsection l(f) to discuss p.nding litigBdon .t 6:45 p.m. Roll call vote. fiose voting yes: oates, Hoppcr, Callsen, Dakan, Sobba, and Blacker. Those voting no: non€. Absent and/ornot voting: none. MOTION CARRIED MOVED by Causen, SECONDED by Oatcs to rEcorvcr. into Sp€cial Session. Thosc voting yes: unanimous. MOTION CARRIED MOVED by Oate.s, SECONDED by Blackcr to convene into Executive Session pursuant to Idaho Code, Scction 67-2345, Subsection l(a) to discu$ pcrsonnel issue. at 6:55 p.m- MOVED by Callsen, SECONDED by Oatcs to reconvcrc into Spccial Session. Those voting yes: unanimous. MOTION CAR-RIED MOVED by Callsen, SECONDED by Ostcs to adjoum from Execuiive Sesrion at 6:59 p.m. Those voting yes: unanimous- RECULAR MEETINC April 19,2010 7:00 P.M. The Mayor reported that City Council Workshops were conducted at 5:30 p.m. for the purpose of presenting information conceming th€ proposed comprehensiva plan update, the proposed willful neglect ordinance, and &e Caldwall Housin8 Authority. An Executive Session w'3 conducted at 6:45 p.m. pursuant to Idaho Codc Scction 67-2345, Subs€ction I (0 to discuss pending litigation and Subscction I (a) to discuss personnel issues. No decisions were made or action taken. The Mayor asked that cveryon€ stand for the Pledge of Allegiance to the FIag, which war lerd by Travis Mitchellof Boy Scout Troop #276. Thc Roll of lhe City Council was called with the follouing membeE prescnt: Blacker, Oatcs, Hopper, Callsen, Dakan, and Sobba. Those abscnc none. SPECIAL PRf,SENTATIONS Memb€B from die Mayor's Youth Advisory Council (MYAC) reponed on their rc.ent trip to Washington, D.C. Amanda Oates of l42l Dea6om, Caldwell; Luke S)pherd of 1321 Fairvi€*, and Cassie Shuey of30l Hilldrop, Caldrv.llshared highlighls conceming $cirtimc at the National L€ague of Cities Confercncc and the workshops they attended. A report was given conceming the White Papcr writt€n by rrlembers of rhe MYAC on the subjcd of thc National D.bt. This docum.nt was presented to Senator Risch and Congressman Minnick. The MYAC members expressed their apprecialion to the City Council for thr opponunity to be a pan ofthis entire leaming experi.nce. The Mayor armosnced that Rob Bailey, ofthe Caldweu Firc Department, *as named as tha Fobruary 2010 Employee of the Monah. Hc read a memoiandum ,iom Chicf Wcndelsdorf conceming the outstanding work ethic of Mr. Bailcy. The plaque was given to Will Gigrey of the Caldwcll Fire Department in behalfofMr. Bailey since Mr. Bailey had bcen c8lled oul on E fire rcsponse j ust prior to the meeting. The Mayor rEcognized the Boy Scouts in attendance: Travis Milchell, TrcIll Mitchell, and Rudy Beltrain ofTroop d276. MOVED by Oates, SECONDED by Dakan to amend fie Consen( Calendar ltem #3 to readl "Accept repon ftom the City EnSineer conceming a time extension for the current financial guamntee in place for lhg Kingsview Eslates Subdivision supplemental irrigation well to May 31,2010": amend under Ncw Business Item #3 to read: "Consider Bill No. 14 (Ordinance No.2829) the Sewer Revenue Refunding Bond Ordinance with a request to waive the rules, pass on the first reading, and approve the summary for publication"; and continue ltem #6 (C€s€ #OA-128_10) und.r New Business to the next Regular Cify Council Meeting to be held on May 3, 2010 at 7:00 p.m- ADDITIONS OR DELETIONS TO THE ACENDA ]o*,,PAGE 46 Councilman Hoppcr rcquested lhat ltem #l under New Business be contioued to the Rcgular Ciry Council Meeting to be held on May t?, 2010 since a delcrmination has not been made concamiog the subhittals. Councilman Callsin noted the ltem #6 under New Business should b€ continued to the May 176 Meeting as recommended by the Planning & Zoning Director. It was agreed by Oates and Dakan ro ameDd the motion. AMENDED MOT'ION MOVED by Oates, SECONDED by Dakan to amend the Consent Calendar Item #3 to r€ad: 'Accepl report from the City EngiDeer conceming a time extension for rh€ current financial guarantee in place for the Kingsview Estat€s Subdivision supplemental inigation well to May 31,2010"; amend under New Business ltem 43 to rcad: "Colsider Bill No. 14 (Ordinance No- 2829) the Sewer Revenue Refunding Bond Ordinance l,l/ith a rcquest to waive the rul€s, pass on the first rcsding and approve the sulnftary for publication"; continu€ ltem #6 (Cas. #OA-128-10) under New Eusiness to the next Regular City Council Meeting lo be held on May 17, 2010 at 7:00 p.m. ; and continue Item #l under New Business to the Regular City Council Meering ro be held on May 17, 2010. Those voting yes: unanimous- MOTION CARRIED AUDIf, NCE PARTICIPATION None. CONSENT CALENDAR: OLD BUSTNESS None. NEW BUSINESSI (ANNOUNCEIUENT O8 THE WINNER Of "PARK NAMTNC CONTEST" FOR THE NEWcITy oF CATDWELL pAR( LoCATED oN THE NoRTHEAST coRNER oF lorn AVENUE AND ORCHARD AVENUf,) By previous motion, this item was continued to the R€gular City Council Meetint to be held on May 17, 2010 at ?:00 p.m. (PUBLIC HEARING ILECISLATIVEI: A REQUEST BY THE CITY OF CALDWELL FoR THE PROPOSED SALE OF DECLARED SURPLUS PROPERTY KNOWN AS THE PAL cf,NTER LocATED AT 315 NoRTH srH AyENUE) The Mayor declared the public headng open. EUay Waite, 4 I I Blaine Street, presented the staff report. He no(ed rhat the PAL Center has been used for you6 boxiq progmms in the past. The Chiefof Police has proposed plan5 of using the proceeds Fom the sale of ftis property to help construct a facility that would be lo€ted within one of our city- owned park. A new building would provide a much larger capacity house appropriate activities. He noted that the PAL building is cuffently in disrcpair. The minimum bid has been set at $75,000, which is equated to the price of propeny withour a sructure knowing that the building would likcly need to be o The Mayor presented the following items on tlle Cons€nt Calendar for approval by Membcrs of the City Council: l. Approvc acceptance of the mirutes ftorn thc Sp€cial City Council Mceting ard thc Rcgular City Council mecting held on April 5, 2010; the Caldw.ll Friends ofthe Depot M.edngs beld on JaDuary 14, 2010, February 11, 2010, ard March I l, 2010; and the Caldwell Industsial Airport Commission M.eting held on April 1,2010;2. Approve Order ofDecision for Cas€ No. SUB-1608-06 (Siera Estrr.s tirn cxrcnsion);3. Accept Epon frorn the City E gineer conceming a timc extension for thc cune fimncirl guaranlcc in place for rhe Kingsview Esrates Subdivision supplemenrat irrigation wcll to May jl, 2Ol0; Iam€ndedl4. Apprcve Resolutioo No. 50-10 adopting the policy conceming lhe cxccutioD of conEacls/agrecmenG for the purposc of purchasing scrvic6, personat propcrty, or €nrering inro joinr purhasing agreements;5. Approve Resolution No.5l-10 authorizing the execution ofthe R€creation ofpublic purpos.s Lease with the United States Depanment ofthe lnterior BurEu of Land MaMgcmcnt for propctty locsted on thc norlhcast comer of 10" Avenu€ and Orchsrd fo. the pwpose of s community park development. MOVED by Oates, SECONDED by Blacker to approve thc Consent C6lendar as 6rn€[ded. Roll call vote. Those vodng y.s: Oates, Hopper, Callscn, Dakar, Sobb4 aDd Blacker. Thos. voritlg no: nonc. Abs€nt and/or not voting: none. MOTION CARRIED CC{ a oBOOK 5l PAGE 47 demolished Meering. A public auction will be held on May l?t at ?:00 p.m. at the Regular City Council MOVED by Oaaes, SECONDED by Blacker to close the public hearing and notify stafFto move forward wilh proper notilication concemin8 lhe public auction- Those voting yes: unanimous. MOTION CAR.RjED Mayor Nancolas expressed appreciation to Councilman Sobba for his involvement in the PAL Center progmm when he served as the Caldwell ChiefofPolice. (CONSIDER BILL NO. 14 (ORDINANCE NO.2829) THE SEWER REVENUE REFUNDING BOND ORDINANCf, WITH A REQUEST TO WAIVE THE RULES, PA.SS ON THE FIRST Rf,ADING, AND APPROVE THE SUMMARY FOR PUBLICATION) E lJay Waite, 4 | I Blainc Street, introduced Eric Heringer of Seattl€-Nonhwen Sccuriries Corporation. Eric H€ringer, of Seattle-Northw€st Securities at l0l South Capitol Boulcvad, Suite 603, Boise presented information conceming project€d rcfunding results and analysis for thc tronds. The Mayor rcad the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELI. IDAHO. AUTHORIZINC AND PROVIDING FOR THE ISSUANCE OF SEWER REVENUE REFUNDTNG BONDS, SERIES 2OIO, IN A PRINCIPAL AMOIJNT NOT TO EXCEED $6,620,000, FOR THE PURPOSE OF ADVANCE R.EFUNDING THE CITY'S OUTSTANDING PAzuTY LIEN SEWER REVENUE REFUNDINO BONDS, SERIES 2001: DESCRIBINc THE BONDS: PROVIDINC FoR THE CoLLECTION AND DISPOSITION OF REVENUES; PROVIDINC FOR THE AppLtCATIoN OF BOND PROCEEDS AND FOR THE PAYMENT OF THE PRINCTPAL OF AND INTEREST ON THE BONDS; ESTABLISHING FUN'DS AND ACCOUNTS; PROVIDING COVENANTS RELATING TO THE BONDS; PROVIDINC FOR THE SALE OF THE BONDSi PROVIDINC FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE MOVED by Hopper, SECONDED by Blacker to waive dre thr€e re.ding process and consider BiI No. 14 on its fiNt reading by title only. Roll call vote. Thos€ voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker Oates. Absent and/or not voting: none. Those voting no: MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 14, movc for its passagr, and approve fie summary for publication. Roll cdl vote. Thosc voting yes: Hopper, Calls.n, Dakan, Sobba, Blacke., snd Oates. Thosc voting no: none. Absent and/or not voting: none, MOTION CARRIED (PUBLIC Hf,ARING ILECISLATII/EI: A REQUEST By THE PLANNING AND ZONINC DEPARTMENT, OPPENHEIMER DEVELOPMENT CORPORATION, CSHQA, AND THE FRAMEWORK MASTER PLA.N SUBCOMMITTEE TO APPROVE TIIE CTTY OF CALDWELL FRAMEWORK MASTER PLAN FOR THE CORE AREA OF THE CITY CENTf, R ZONINC DISTRICT) The Mayor explained the public hearing process and declared the hedring open. Skip Oppenheimcr, of Oppenheimcr Development Group located st 877 Wcst Main SEcet, Suite 700, Boise, spokc in favor ofthe Ciry ofcaidwoll Frdmework Master Plan. H€ exprcssed his apprcciation to the City leadeEhip for their ongoing promotion ofthe vision for this community. He acknowledged the parhership of various individuals and comp6nies in thc cons8ucting of the Framework Master Plan: CSHQA Architects, Lcland Consulting Croup, McKibben + Cooper Architects, Dia.e Kushlan, the Do\xnbwn Steering Committee, the Framework Master Plan Sub-committee, mcmbets of the Caldwell staff, Stev€ Fultz of Caldwell Economic Development, lhe College of ldaho, Treasure Vslley Cornmunity College, and Ron Bitner in connection with lhc ldaho Winc Commission. He noted that the TVCC building is curently under constsuction. The completion date is slated for Septembcr 2010 with approximaialy 800 students cominS into the downto\yn on a daily basis. Mr. Oppenheimer continued by stating that the document can be used as lool with either existing property owners or potenlial property owners to see how the properties can develop. Hc empharized thB fact that the document should not be viewad as another "consultin8" r€port. Larry Katousck ofCSHQA locrted at 2J0 South 5rh Street, Boise, present d a PowerPoint conceming the components ofdre Franework Master Plan. Ron Bitner, 16645 Plum Road, spoke in favor of tho Framework Mester Pl6n. He expressed his involvemen! with the "cultural center" asp€ct of the plan in partnership with the local agriculrwe/wine growe.s. He rcported that a vineyard culture class was instigaled last fall a! TVCC which insfucts local foo*r,a PAOE 48 citizens how to plant their own vineyards this spring. Cuffently, plans arc underw.y to design a "demonstration" vineyard in the dolyntown area as indicated in the MastBr plan. .the final plan for the dernonstlation vineyard will be brought to Ciry Council for final approval. Councilman Hopper express€d his appreciation to Oppenheimer Dcvclopment Company and CSHeA for presenting this "working', document. Councilman Blacker expressed his appreciation for rhe oogoint work by the many pann€rs conceming the downtown redevelopment project. Rem Fox, 2l0l ldaho Avenue, spok€ in favor of the project. He pointed out that rhe plan do.s not address underground telecommunication infrastructure, which should bc includ€d in the utilitv foundation portion of the Master Plan. He also notad that the Mastar plan rcfarenccs the Main streetProgrrrm. He .ecommcnded that approval of thc Framcwor* M.ster plan b€ delaycd to includc lhe telecomnunicalion iniastructurc template. He not€d lhat lhe Maill Stre€t pro&am is a concept of \rhich the model could be used; however, subsequent programs, *hich are currently b€ing revicwed, could possibly duplicate that effon. Judy Subia, 17058 Coose Lane, spoke as naut al to the project. She i[quired .3 to what thc City would be adopting ifthe plan was approved. The Mayor explained how rhe plan will b€ uscd in thc futu! for downtown design options, ccoDomic developmcnt strategics, and future land-use planning elemena for existing and ncw stsucturcs. I.bis document could also bc a vilal tool for entitlernent and comp€titiva gra funding applicatioos indicating futue plans for thc City ofcaldwell downto*n arca. Becky Ka*allo of 2015 Mountain View Driv€, Boisc, presented a short powcrpoint pEsantation conccming the proposcd design ofthe rapanese Ca.deos, which will bc locatcd rlong 4d aod Ardrur- Appreciation was cxpr€ssrd to Ms. Kawano by Council membds concctuitrg the bcautiful desigd. Thc Mayor reponed that the Framework Mastar plan has bc.n rcviewed by CouDcil yithin a workshop setting, the Coaa A.ca St .ring Commilee, and City sraff. Carmen Fox, 2301 ldrho Avenue, addresscd the Council conccmint clsrifrcation of \yhat funding mechanisms arc in place to assist with the implemcnrarion oFthe domtown dcsigr! options. Th€ Mayor stared that thc documcnt lyill bc used &s a tuide as fuoding b avsilable. lf a busin ss owner choosas to upgrade their building, this document would bc used as thj rccommeodcd desigrr. lnc€ntivc rograln options are being rcviewd by lhe Urban Rcncwal Agency as wcll as pcssiblc Community Devclopment Block crant editlement tunds basld the population findings from the'2010 Ccnsus rqsuls. Bredt Orton, 621 Clevaland Blvd, clarifi€d thar the Engin€€ridg Depaim.nt is making plans for a teleconElunications coaddor whcr sltlctscape improvcmcnts arc bcing made. MOVED by Hoppcr, SECONDED by Bl.ckcr ro continuc tbe public hcariDg along wirh rhe companion document to the o.xt Rctolar City Council M.ctint to bc hcld oo M.t 3, 2Oi0 witb the provision that thc Mastcr Framcwort plan b€ rcvised to includ; !h€ millor ,.mendm€nts as proposed within dlc public tcstimony proclss. Roll call vote. Those voting yes: Hopp€r, Callscn, Dakaq Sobba, Blacker, and Oates. Those voling no: none. Absent andlor not voting: none. MOTION CARRIED (CONSIDER APPROVAL OF THE RESOLUTION AUTIIORIZING THE ITTAYOR AND CITYCOUNCIL TO ADOPT THE C1TY OF CALDWELL FRAMEWORK MASTER PLAN AS A GUIDELINE FOR DEVELOPMENT IN THE CORE AREA OF THE CITY CENTER ZONINGDlsTRrcT) By previous molio[ this item was continued to the ncxt Regular City Council Meeting to be beld on May 3,2010. (PUBLIC HEARING IQUASI-JUDTCIALI: CASE NO. OA-12&10 A REeUEST By THEPLANNING AND ZONINC DEPARTMENT AND TIIE HISTORIC FNSSTNVITIOX COMMISSION FOR AN AMENDMENT TO CHAPTER 2, ARTICLE 17, SECTIONS 23 & 25, CONCERNING ORDINARY REPAIRS, PUBLIC SAFETY, AND WTLLFUL NECLECT OF HISTORIC PROPERTIES) By previous motion, this item was continued to the next Rcgular City Councit Meetiog to be held on May 17, 2010. (FINANCE AND UUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has rcviewed cunent accounts payable in the amounr of$1,394,416.54 for rhe pay period ending April 14, 2Ol0 and a net payroll in the amount of 5274,360.09 for rhe pay period ending March 27, 20lO. O oBOOK 51 PAGE 49 MOVED by Callsen. SECONDED by Blacker that accounts payable in the amount of$1,394,416.54 repres€nted by check numbeE 67690 through 68239 and th€ total palroll in the amount of$274,360.09 represented by check numbers 19368 through 19479 and direcr dcposits be acccpted, payments approved, and vouchers filed in the Oflce ofthe City Clerk. Those voting yes: unanimous. MOTION CARRIED (couNCrL coMMENTS) Councilman Dakan reported on the success ofthe rEcent lrcal kgends fundaiser €vcnt, Courcilman Hopper stated that the Caldwell Pride Day *ill be hcld on Sarurday, April24ih Councilman Oates reported that he will be welcoming the participants anending the statewide conference for the Daughter's ofrh€ R€volution, \rhich will be held in Caldl{ell lhis weekend. (MAYOR'S COItMENTS) The Mayor rcported that lettering will be placed on the new airport tcrminal to d€clarc thc name ofthe facility as the "Hubler Airport Terminal." D€bbie Ceyer distibuted the proposed applicarions for use of thc City-owned generator, P.A. system, and Eailer to be us€d in conjunction with City-sponsorcd evcnts. Thc Mayor rcponcd thar replacemenl msts for the geneialor and P.A. systen have bccn stated in the applications for the purpose of afiplc liability and property insurance. Discussion was held conceming qualificd op.rators ofthc p.A. System an(yor generator. A process should be establishad for sufficient instruction to bc provided with onli qualified pcrsons b€ing able to opemt€ the equipm€nt. Thc Mayor noted th€ following calendar evenis:. Vacation Days for thc Mayor: April23-Mayj. Caldwell hide Day: April23rd. Cinco de Mayo Celebation at Memorial Park May tst. West Valley Hospital Fun Run: Maylst. Lsrry Osgood Memorial Celebration at th€ Caldwell Train Dcpot: May I { The Mayor reponed that six intervie*s will be conducted on May lo'i for the position of Exec'utivc Assistant to the Mayor. The next City Council Meeting will be held on May 3d at 7:00 p.m. with a workshop scheduled to begin at 6:00 p.m. (EXECUTM SESSTON PURSUANT TO rDAHO CODE, SECTTON 67-234s, SUBSECTTON 1(C)TO DISCUSS LABOR NEGOT|ATTONS, AND SECTTON t(F) TO DTSCUSS pENDrNc LrrrcATlotg MOVED by Oates, SECONDED by Callsen to convc[c into Executiv. Scssion puBuant to ldaho Code, Section 67-2345, Subsection l(c) to discuss labor ncgotialions, and Section l(0 to discuss pending litigation at E:47 p.m. Roll call vote. Those votirg yes: Oates, Hopper, Callsen, Daken, Sobba, and Bl.cker. Thos. voting no: none. Absent snd/or not voting: none. MOTION CARXJED MOVED by Oates, SECONDED by Hopper to rcco[vene into Regular S€s3ion. Thosc voting ycs: unanimous. (ADJOURNMENT) MOVED by Btacker, SECONDED by Callsen to adjoum at 10:10 p.m. Thosc voting yas: unanimous. MOTION CARRIED MOIION CARRIED Ooo*,, APPROVED AS writteo Councilperson ATTEST: THIS 3"I DAY OF___!4AL_2010. o PAGE 50 fi,afn"-,U- hlh,' Clerk Mayor OF tAN !s \o a AGENDA REGIILAR CITY COUNCIL MEETING APRIL 19,20t0 AT 7:00 P.M. I la rcuni6n debe contactar al Vendedor de Ciudad en 4l I Blaine St. o llarne a #455-4656 antes de la reuni6n. 5:f,0 P]lt:WORXSEOP FOR TIIE PTTRPOSE OF DISCUSSING TIIE PROPOSED COMPREHENSIVE PLAN IIPDATE, THE PROPOSED WILLFUL NEGLECT ORDINAI\CE, AND THF, CALDWELL HOUSINC AUTHORIT}" IIWOCATION OFFERED BY PASTOR JESSE GARCIA OF THE ANCHORED CHLIRCH OF GOD. PLEDGE OF ALLEGIANCE TO THE FI.{G. ROLL CALL. SPECIAL PRESENTATIONS. A. Emptoyee ofrhe Month ADDITIONS OR DELETIONS TO TIIE AGEND,L A[IDIENCE PARTICIPATION. CONSENT CALENDAR:l. ApFove acceptaDce of the minutes from the Special City Comcil Meeting ard the Regular City Council me€ting held on April 5,20l0ithe Caldwell Friends ofthe D€pot Meetings held or January 14,2010, February ll,2010, a March ll- 2010; and the Caldwell Indusrrial Airpon Commission Meeting held on April l, 2010; 2. Approve Order ofDecision for Cas€ No. SUB-160E-06 (Sierra Estates time extension); 3. Approve rsquest authorizing the approval of a time exlension for tlle curre[t financial gurlalltee in pla(l for the Kingsview Estates Subdivision supplemental iEigation well to May 31,2010; 4. Approvc Resolution adopting the policy conc€ming the execution of coffiacts/agieements for the purpose of purchasing sen ices, personal property, or entering into joint purchasing agreements; 5. Approve Resolution authorizhg fte execution ofthe Recrcalion ofPublic Pupos€s l-ease with the United States Departmeflt of the Int€rior Burcau of Land Managemc for prop€rty located on the northeast comer of lod Avenue and Orchard for ttre purpose of a comlnunity pa* development. OLD BUSINESS: None. MW BUSINESSIl. Announcement of th€ winner of '?ark Naming Contcst" for rhe new City of Caldwell park located on lhe nonheast comer of lOs Avenue a.nd Orchard Avenue- 2. Public Hearing (lrgislative): A requ€st by tt|e City of Caldwell for the p.oposed sale of declared suplus property known as the PAL Center located al 315 North 56 Avenue. 3. Consider approval of the Perimeters Resolution authorizing the S€wer Revenue Reflmding Bonds. 4. Public Hearing (t gislative): A request by the Plarming and Zoning Departmenr, Oppenheimer Development Crlporation, CSHQA, alld the Framework Master Plan Subcommittee to approve the City of Caldwell Frcmewo.k Master Plan for ihe core arEa of the City Center Zoning District. 5. Consider approval ofthe Resolution authorizing the Mayor and City Courrcil to adopt the City ofCaldwell Framework Master PIan as a guid€line for devetopment in the core area ofthe City Center Zoning District. 6. Public Hearhg (Quasi-judicial): Cas€ No. OA-128-10 a rcquest by the Planning and Zoning Deparhrent and the Historic Pres€rvation Commission for ao amendment to Chapter 2, Article 17, Seciions 23 & 25, conc€ming ordinary repairs, public safety, and willful neglect ofhistoric properties. ?. Financial & Human Resourc€ Repons. 8. Council Repons. 9. Mayor's Comments. 10. Executive session purcuant to Idaho Code, Section 67"2345, Subsecrion (c) to discuss labor negotialions and Section (f) 1o discuss pending litigation. I L Adjoum. Next Regular City Council Meeting is on Motrdry, May 3,2010 at 7:fi) p.m. in the Community Room at the Caldwell Polic. Station at I l0 Slourh Fifth- Any person needing special accommodations to paiicipat€ in the meeting should contact the City Clerk at 4l I Blaine Street or call #455-4656 prior to the me€ting. Agenda and Minutes cal be viewed on the City of Caldwell's website: ll.com - Cualquier pcrsona necesitaodo comodidades especiales pa.ra pafiicipar en Page I of I cc-\ t OPPOSTTTON (AGATNST) PUBLIC HEARING Case No. SUB-160E-06 (Sierra Estates Subdivision time extension) A request by Kevin Howell and Mason and Stanfield for a time extension for the preliminary plat of Sierra Estates Subdivision located on the northwest corner of Farmway Road and Ustick Road SIGN-UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS I ( c-> D e P"t"rt - 1"qfr@ ,'r T s''^l' aO rN FAVOR (rN SUPPORT) PUBLIC HEARING Case No. SUB-1608-06 (Sierra Estates Subdivision time extension) A request by Kevin Howell and Mason and Stanfield for a time extension for the preliminary plat of Sierra Estates Subdivrsion located on the northwest corner of Farmway Road and Ustick Road SIGN.UP SHEETS FOR PUBLIC HEARINGS No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME ADDRESS &oi 5\"r'h<,\d t>t\ 6dtla (.!)*,,! Cc' ? Io QUESTIONS OR DISCUSSION (NEUTRAL) Case No. SUB-160E-06 (Sierra Estates Subdivision time extension) A request by Kevin Howell and Mason and Stanfield for a time extension for the preliminary plat of Sierra Estates Subdivision located on the northwest corner of Farmway Road and Ustick Road SIGN-UP SHEETS FOR PUBLIC HEARING No person shall be permitted to speak before the City Council at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the hearing, the Council shall establish a time limit to be observed by all speakers. When the public Hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with the rules will be prohibited from speaking during the hearing. NAME PUBLIC HEARING ADDRESS BOOK 51 o PAGE 39 WORKSHOP FOR THE PURPOSE OF A PRESENTATION FROM THE RED CARPET RTSTAUCTURINC COMMITTE& Thc Roll of dt City Cou*il u/as called by Msyor Narcolas with lhc followint mcrnbers Fcscn! Blsckcr, Oatcs, HopFr, Callscq and Sobba Thor. abscnt Dakan B.cnt frod dd Allnc Maric Skifi*r prascflcd informatioo conceming the colorrliltc's work on thc ptopoaad 'Rad Cspcl Plan." It \ as r@rtrd f|at dr goal of fhe rcviscd rncthods arc lo d.livcr a ml.h impmvcd \rrdl fow proccss for dlc City of Cald\rcll's building and parmitring organization. It lNrr notcd thal thc cunErn orE atiois havc yicld€d a rahcI poo. pcrccflion of Foaclivc hrsirE-fricndly ccorromh dcvcloFnot sLpport. Thc nctlrcds of opcrafioo havc b€€a dlorowhly revic*d ad thc ncw outlirEd ptoccss will divcr significant improvcmcats !o customcrs. Committcc mcmbcrs includ.d RGln Fox (Tcam tsd), Brln ortoq Maggrc Col\llcll, BriaD Billingslcy, Arurc Maric SkiruFr, Monica JorFs, ard J.fr McFrcdcriclc Th. v,/oil(slnp rdjourncd d 6t2t p.m. (EXECUTn'E SESSTON PURSUANT TO IDAHO CODE, SECTTON 67-23.rs, SUBSECTTON t(A) TO DISCUSS THE IIIRING OF A PUBLIC O}TICE& EMPLOYEE STAFF MEMBER OR II\'DTVIDUAL AGEI\'T) MOVED by Blackar, SECONDED by CallscD to co.v.o. into Exccltivc S€ssion pursuarn to ldsho Codc, Scdion 67-2345, Slbscation l(a) to discuss tbc hiring of a public offic€r, employcc, staff mcmbcr ol individual agcnt at 6i29 pm. Roll call vot . Thosa voting ycs: Blackcr, Oatls, Hoppcr, Callserl and Sobba Thosc votjng no: nonc- Absrnt and/or not voting: Da&rn. MOTION CARRIED MOVED by Hopp€r, SECONDED by Blackcr to closc thc Ex€cutiv€ Sessio, at6:58 p.m. Tho6c voting yes: MOTION CARRIED SPECIAL MEETING WORI(SHOP APRIL012010 6:00 P.l}t REGULI.R MTETING April05,20I0 7:00 P.M. Thc Mlyq rcpo.lcd lhat a City Council Workhop *as co.ducled at 6:00 p.m. for 0r. purposc of prcscnting infomnion from thc "Rcd Catpct Refwturint Committer" and an Exccutivc Scssion was c.ndtrcLd al6:30 p.m. to discuss pcrsonncl issuB pursuait to tdaln Codc,67-234, SuMion l(a). No d.cisions wlrr m.da o, Etion tak.rl. Th. Mayo. askcd Olar cv.ryoD€ stand for th. PlcdBc ofAll€giarrcc 10 tlE Flug. Thc Roll of thr City Col,lcil *as crll.d with rhc following rlembcis pre3er( Bkcker, Oatcs, Hoppcr, Callscr\ Drlr ard Sobba- Thos. atEcnt non€. SPECIAL PRESENTATIONS Mu*ahr Dv3lroolv Asochtio!: Marc Majcllo of l,l. Calde,lll Firc DcparfiEnt rcpofled on thc annual 'Fill tlc Boot" tund rrising cv.nl, *tich has b.cn designabd for thc Fst fcw yea$ to assist with lhc Derds of the Muscular Dynrophy Association. Hc infoduced Stcphanic kwis, District Dircctor of 0E Muscular Dystroptry Association, USA. Ms. t wis a.kDowlcdgcd tlc Kramer Fafiily and notcd thai thcf wEre namcd as lh. 'Mu$uler Dystophy Fsmily ofthe Ycar." Mrs Kramcr.xpresscd apprcciation for th€ fundmising efforts ofthe Caldulcll Firc DeparEncnL wtich has a$istcd with thc ongoing ne.ds of their son, Isaiatr and others who havc bcen diaE )oscd with mus.ular dynrophy. Ms. Lcwis reponed that rhc CaldwEll Fnc DcFrtrnenr ,aised $5,000 in 2007, $16,000 in 2008,.nd $16,000 in 2009. Such tunds assist in providing a \reeklong camp for childrEn diagnos€d wilh muscular dystrophy and well as ongoing research effo(s. Plaques w€re presented to tll€ Mayor and City Council for thcir suppon ofthrs project Marc Maiello repoted that this year's "Fill the Boof' campaiSn wlll b. held on May 2t" and 22"' Lcg a t BOOK 5l o PAGE 40 Tle Mayor express€d his apprcciation lo lsaiah Kramer for b€ing such a courageous ambassador and to the CaldwEll fire fighters for their effort in raising funds each year for rhis loflhwhile organi?ation. Prrk NrmiE Conl.st: Brian Billingsley ga.i/e a brief Fes€ntation conceminB the participalion fiom students at Vallivue schools conc€ming the Fla* narning cont€sl He report€d that there were 224 responses to the contest and the top 40 rcsponses l{ere selected for Council's review. A $50 gift certificate will b€ aBard€d to the winning paflicipant. The wirm€r v/jll be aruDunced ar tlle City Council Meeting to be held on Apdl I 9, 20 I 0. Mrvor's Youth Advisory Council: Mayor's Youth Advisory CouDcil members Maria Per€z, 2123 Noflh Middleton Roa4 Nalnpq Tiac.y Spencer, I8920 Smiley Peak Avenue, Namflat Dani€l TraistarL 713 Kimb€rly Cour! Caldwell; Ashl.y lrrsorr 309 Hilldrcp SEcet, Caldlvell; and Madison Crooklarn, 706 Willow Falls Cour! Cald\relt offered highlights of thet r€ccnt tip to the National League of Cities Conference lreld in WashiDgtorL D.C. on March 13-11 2010. Each studcDt shared about the workshops drcy anended and *tal information they gained Aom those sessions. Th€ Mayor rcported that thc firnding fo. rhis trip \r,as ,aised entirely through donations frorn various individuah and or8anizatiom throughout lhc Treasure Vall€y Ma* Hilty ofHamilton, Michaclson & Hilty, LLP reportcd that their firm was orE of the sponsors for this Eip- Hc cxpIcssed his apprcciadon to the s$dents for thei, attentiveDess i, gaining informaloD from th€ confcrencc *orkshops as *€ll as hisloricil kno*,l.dgc Aom the sites utich they BEra able to visit dudng 0l€ Eip. ADDTTIONS OR DELETIONS TO TIIE AGEN'DA MO\GD by Oates, SECONDED by Blackcr to add Iten #14 under the Cor$6Dt Calendar ro rcad: 'Approvc R€solrtrion rcquestin8 approval of thc recommendation fron the City of Caldwdl IT Committee for computcr n€twork upgrades to bc paid ftom fund bala.cc by entcrprise ilDds in th€ arnount of335J90.62." fios€ voting y€s: un nimous MONON CAXRIED AUDIENCE PARTICIPATION None CONSENT CALENDART The Mayor pr€sent i the following items on the Conscnt Cal€ndar for approval by Mcmb€rs of tl'e City Council: L Appmv€ acceptancc of the minutes fiom the Spccial City Council Meeting and lhc Regular City Council meetin8 held on March 15, 2010; thc Cald\rell Historic PreseNation Commission Mecting h€ld on Fcbruary 22, 2010; th€ Caldw€ll Indusfial Airport Commission Mecting hcld on March 4, 2010; tlle Caldwell Senior Cenl.r Board Meeting held on March 8, 2010; and thc Caldwdl Hearing Examir€r Meeting hcld on March 9,2010; 2. Approve Ordcr ofDc.ision for Cas. No. St B84(4)F{3 (Apple Creek Subdivision ,r4)l 3. Approve Rlsolutjon No. 1Gl0 authorizing the waivcr ofbuilding psrDit and comection f€cs in lhe alnourf of $5:3 I .30 for Habitat for Hunanity for a ncw Habiur for Humanity housc locarcd at ?24 Chance St€ct; 4. Approve Resolution No. 42-10 authorizing lh€ Eaiver of fccs associatcd with thc rental of the Cald$rll Tlain Depot for the Lions Club E0 years of s€rvice c.lebr.lion on October 29,2010; 5. Approve Rcsolution No. 41.10 acclpting an lndepcndent Contractor Agre€mant with John WaGon for c.rtain servic€s at Purple Sage Golfcoursc etrcctive April 1,2010 tlrough D€c€mber 3l,20lli6. Approvc Rcsolution No-,1+10 adopting the policy rcgarding Non-discrimination orl th€ BaJis of Disabiliry (ADA); 7. Approv€ Rcsolution No. 45- 10 adopting the policy regarding the ADA crievance Procedure, 8. Approvc Resolution No. 46- l0 adopting the policy rcgardinB Fair Housing 9. ApFove Resolution No. 47-10 .dopting the policy r€garding non-discrimiMtion as providrd by Titl. \,I ofthe Civil Rights Act of 1964, the Civil Rjghts Rcstoration Act of 1987, and subsequent relaled acts; 10. Approvc Resolution No.48-10 adopting rh€ policy regardinS thc Title VI Discrimination Complaint Procedwe; I l- Approvc R€solution No.49-10 accspting an Easernent fiom Advocates A8ainst Family Violencc for domeslic w-ater and saniiary sewcr main lincs regarding the Hop€'s Plaz Development; 12. Approve request to approve a Purchasing and Maintenafic€ Contract wilh Digital Imaging in th€ amount of $4,366 regarding a copier for the Streef Department; Il. Approve the Eyi$d dates for the public hcaring and auction conceming th€ PAL Center located at 3 l5 Norlh 5b Avenw: Public He?flnE dare for April 19,2010, and the Public Auction datc for May t7,2010i 14. Approvc Resolution requesting approval of the recommendation fiom th€ City of Caldwell IT Committce for compuler network upgrades to be paid from tund balanc€ by enterprise tunds in the a I o oBOOK 5l PAGE 4I amount of S15,590.82 and axaaution of such cxperditurc with Orion lntegration Group. IAMEI\'DED] MOVED by Gatcs, SECONDED by Black.r to approv. thE Cons.nt CaleDdar as prcscntcd. Roll call vote- Th6c voting yes: Oates, Hoppcr, Callscn, Dakah, Sobb6, rnd Bla.kcr. Thosc voting no: nonc- Abscnt an(Uor not voting: noDc. MOTION CARRJED OLD BUSINESS: None. NEW BUSl}iESS: (PUBLIC HEAIING IQUASIJUDICIALI: CASE NO. SUEI60E-06 (SIERRA ESTATES SUBDTVISION TIME EXTENSION) A RXQUEST EY XE!'IN HOWELL AND MASON AND STANTIELD FOR A IIME D{TENSION FOR TEE PRELIMINARY PLAT OT SERRA ESTATES SUBDIVISION I,OCATED ON THE NORTHWEST CORNER OF FARMWAY ROAD AND USTICK ROA,D) Thc Mtyor as&d lhc City Clcrk to s\rEr in thos. *iro would b. giving public t nirhorry. Thc Mayot dcclarcd dE public haariog opcn. 4ff. Mric SkitlrEr, 62l Clcvclard BlvA, FEs.nt d th. raJf ,cpon ed oudincd 0|. fa.is as \dtt n. Shc mld tlld dE Fcvious nrm. of th. suMivisioD (Sirr. RidSc SlbdivisioD) *at ch.ngcd du. !o a rrqu.t by .ocrg.ocy scrvhcs A oDcyro tinrc .xEBion rrqrEd n,as 4Fovad in 2009 hy th. PlaruinS sd Zoni4 Cohmilsioo .xtoding lllc pl8t rpproval ro AFil m, 2010. No fnai plals fo. sny of dtc for! phaias h.va baan rcaordcd ss ofycl. Bolh an-sic ald otr-sita consfuction dirwingr'rrcrr sidnpcd pFov.d for con$uation oD S?tmb.f, 12,2007. No Fc-con$ucrid rhcatings hrvc bccn hald as ofy.t Sha notrd drd dr paopc,fy i! clcar ofslt codc .rifonaincl viotatidrs. Tha dcvclopincnt curr.ndy is b6r! Irourd. Sbfi.ccofinaod5 sgFoval of0* tidE c,Urnsion rcqu.n Sco$ St nficld of Mlsoo sd Stanfr.l4 !14 Badiol. SE c! eblowlcdtld bci[g iu,orD i, ard spotc in hvor oftha dcvcloFrcnt Hc not d ttut drc &vclopmcnt oe,rEr h.s coofrctd wilh a farnc, i, rrr ela who wil ba frrmint dE F cd, $'hnn will hclp rnititdc sny urcd conc.ms. MOVED by Oatls, SEmNDED by Blackcr io closc orc public t stimoDy ponio.r ofthc h.a.hg Thos. voting y.s: manimour. MONON CARRTED EVIDENCE UST FOR CASE NO. SUBI6OE{6: Thc Mayor prcsan&d thc EvidcDc. Lilt tefi ,cpoc sigl}.up strc.ts, and F.lininary plat for SUB l50E-06 know as Sicrta Etarcs Subdivisirn. MOVED by Hoppcr, SECONDED by Black.r ro rcc.pt thc Evidcncc List ar prcscnt d. nlo6a voting ycs: unaninous. MONON CARRIED ENDINGS OF FACT ON CASE NO. SUBI6OE.O6: MOVED by }Ioppcr, SECONDED by Bl&kcr to urpt thc S.rcral hcls ai outlinod in th. sofr r.port, thc public tAtimony th.t s/as givcn in this ms!&r, Olc cvidclr! list $ar r/ss Fr.s.nk4 snd Dot that thcrr u/.s m opposition to lhc rcqucst Thc. voting ycs: ul'nirnous. MOTION CARRJED CONCLUSIONS OF LAW ON CASE NO. SUB.I6OE.O6: MOVED by Oatcs, SECONDED by Blackcr thar 0r Cald$Ell City Council h.s thc authority to h.ar this rcqucst and to matc thc dccision to spprovc or dcny; .nd thc publi hc.ring \rEr noliccd and h.srd wilhin thc guidclincs ofapplicabl€ st tc codcs and locsl ordiDaDccs. Thosc voting ycs: rn|animou3. MOTION CARRIED ORDER OF DECISION ONCASE NO, SUB.I6OE46: MOVED by Hoppcr, SECONDED by Black.r bas€d on thc Findings of Fact ard Conclusions of Law, thc Caldwcll City Cou.rcil h.rcby ordcrs that Cas. No. SUB-160E-06, a rcqu€st by Kcvin Howllt and Mason snd Slanfi.ld for a time cxtcnsion lor Siorra Estat s Subdivision is approvcd with the conditions as outlincd in tht statrreport. Roll call vot . Thos. voting ycs: Hopp€r, Callsen, Dakan, Sobba, Blac&er, and Oatcs Those votjnS no: none. Ab'sent and/or not votint: non€. BOOK 5l PAGE 42 MOTION CARRIED MOVED by Hoppcr, SECONDED by Blacker to closr the public hearing Thosa voting ycsi rlEnimous. MOTION CARRIED (FINANCE AND TIUMAN RESOURCE REPORTS) Cot lcilm!,l Calls.n rcpon ! thar fi. Financ. Committc. has ,cvisxEd qinert accounts payablc in lhc asoutrt oftE{7J0?.97 for tlc pay p€riod cnding March 24,2010 and a net payroll in thc amount of t251,73t.48 for lhc pay p.riod cnding March 13,2010- MOVED by Crlls.G SECONDED by Bl&kcr thd acollllE payabl€ in thc arnour of SU12M.nr!pt!* .d by ch.ck nunb.rs 673918 ltuough 676t9 ad th.lotal psfoll tn thc arEunt of$253,R8.18 rtprcscntcd by ch.c} nurntr..s 193t4 thmugh 19367 ard di.€ct dcpo6is bc ac.cpt d, payrlr s applovo( and vouchas filcd in drc Offrcc ofthc City Oert. Thooc vothgps sls1i;16q5. MOT]ON CARRIED (couNCrL CoMMEMS) Cot&.ilman Drkan rcport d thar Canyon County is lmking d an approximdc l4% dcvalurtion of Foparly trxcs for th. lpcorning ycar. Hc notad that ta participatn today in a city-widc tEalth a*aral.ss u/alk cond*r.d by South$€st Districr Hcdth Dificr o o Cot[ ciknsn Calls.n rcportrd lhat he att ndcd thc Census Cclebration hcld d Farml^By Vil April lr. h llas $/Ell ndrodcd Hc cxprGscd apprlciation to Dcbbie crycr, City Clcrk, Complct! CouI Ccnsus Cornmittcc *tro organiz.d thc.v.nt nta 'Old GUys Baskctbau Gancs" havc bccn very $cc.ssful in raising furds for th. NfYAC scholarship cndowt'n rn furd. Thc ncxt t.mc witl bc hcld oo Thurday, April l5', at Middlcton High School. An op.n hous. was cordlrct d for Elai'lc Lcppcrt ftr her l0 y€ars of servic. as lhc City of CaldlrEll Librrry Dirccror on March 3l'. ThcrE u/.r. appro(imarely 150 persoE in ancndanc.. Ms. L.pperr rryas vcry lpprcciaivc ofthis rccognidon. Thc Msyor cxpr6s.d hiJ spprcciation to City Clcrt Debbie Gyer aid thc Complctc Council Ccn56 Commitrcc for thcir oogoinS cfrons this pan y.ar to bring a* lness to tll€ commu.ity conccming lhc 20 l0 U. S. Ccnsus clmpoiSn Thc Lcd tttcnds cvcnt will bc hcld on Saturday, April 10. Th€ dooc will open ar 6:30 and thc rvcnt starls al 7:30 p m. Tickcts arc available at D&B Supply. The proc€eds from this Event help tund ihc annual ldaho Youth Camcs hcld in Cald\rEll erch summer. Courcilman HoF,pcr rrportrd lhat approxiDatcly t€rl dayr ago he met with Mr. Juarez at thc Failh lsding d.vclopmant 6hd viawEd varioB conditions at the site iDcluding thc lack of quality consEuction. Cormcilman Hoppcr reported that discussion \rss held with Mr. Juar€z conccmin8 the City's incarEcity for involrcmcnt with thos€ deficicncies. Mr. Juarcz has r€.rntly 6l.d a tort claim against lh. City ofCaldqrll. laga on and tha Councilman Oatcs reponed on his tsip with thc Mayor's Youth Advisory Council to lh6 National Iraguc ofcitics Confcrcn ! in Washir8tor\ D.C. (MAYOR'S COMMENTS) The Msyor rcportld that c.ooomic dsvcloprncnt isslrs r,\rErc hcavity dilcusscd al dr rcccrf Ndirnat L.aguc of Citica Confcrcncc. Hc was ablc to rnet wit]t Pr6ideDtial Csbinet M€tnbcrs and convcy corrcnB rllatin8 to mullicipnlitics. Hc notcd $rat \rlortshops €onceming urba, rcncual agcrry issr.rcs u/trc vcry hclpful. Councilman Bl.ckcr rcpor&d on communication rcccived fiom thc Canyon Arca Human fughts Commissior\ which \/vls disEibutcd ro cach CouDcil Mcmber. Hc mt€d a requcst from thc o$Der of a locel outdoor sig[ cmprny \rho is dcsirous of placing a sign on thc airport propcrty at a location which is visiblc from lhc InLrstalc. CouDcilman Blackcr noted that the o*'er ofrh. sigl comparry is willing io cntcI into an agr..m.nt with thc City ofcaldvrcll for the purposE of ceDso.ing contcnt of any advcniscrrcn(s) plaa.d on lhc siSnagc. Councilman Blacker asked for f.dback from CouEil Membcrs coiccming this issrc. Thc Mayor cxprcss.d his corEcm wilb the lo€rion ofsuch sigrugc o oBOOK 51 PAGE 41 (EXECTITII'E SESSION PURSUANT TO IDAIIO CODE, SECTION 67.2345, SUBSECTION I(A) TO DISCUSS THE HIRLNG OF A PUBLIC OFFICE& EMPLOYEE STAFF MEMBER OR INDII.IDUAL AGEI,{T, SECTION I(C} TO DISCUSS I-ABOR NEGOTIATIONS, AND SECTION I (F) TO DISCUSS Pf,NDING LITTGATION) MOVED by Oates, SECONDED by Blaaker to .ow.n. into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection l(a) to discuss lhe hiring of a public otrrcer, employee, stafr memtrr or individual aBen! S€.tion 1(c) to discuss labor negoliations, and Section l(0 to discuss pending litigalion at 8:10 p.m. Roll call vote. Those voting yes: Oates, Hopp€r, Calls€n, Dakan, Sobba, and Blacker. Thosc voting no: none. Absent andlor not voting: mne. MOTION CARRIED MOVED by Hopper, SECONDED by Oat€s to recooetr. into Regular Session. Thosc votjng yes: lmadrnous. (ADJOT'RNMEMT) MO\ED ry Hopper, SECONDED by Oatcs o adjoum at 9:22 p.m Those votiDg ycs: unanimous. MOTION CARRIED APPRO}ED AS THIS t 9'i DAY OF__AIBIL-2o r 0. Mayor Councilp€rson CouncilpersoD Councilp€mon Councilperson Councilp€rson MOT1ON CA,RRIED Comcilperson ATTEST: City Clerk a (t AGENDA REGULAR CITY COUNCIL MEETING A?RIL 5, 2010 AT ?:00 P-M, 6:0o PM:WORXSHOP FOR THE PURPOSE OF A PRESENTATION FROM THE RfD CAR}ET RESTRUCTURJNG COMMITTEE. INVOCATION OFTERED BY PASTOR BOB LARSON OF CALVARY C}IAPEL PLEDGE OF ALLEGIANCE TO TEE FLAG. ROLL CALL SPECIAL PRESEI{TATIONS. A. Stephalic Lrwis, District Director ofrhe Muscular Dystrophy Associarior! USA B. Disribution ofEssays for the Park Narning Contest (Plaffing & Zoning Dircctor) ADDMONS OR DELETIONS TO TIIE AGENDA. AUDIENCE PARTICIPATION. CONSENT CALENDAR:l. Approve aecptance of the ninutes from the Spccial City Comcil Me€ting and the Rcguld City CouDcil mecting hcld on March 15, 2010; th. Caldwell Historic Presewation Coornission Meeting held on February 22, 2010; the Caldwell Industrial Airpod Cornrnission M.crinS hcld on March 4, 2010; thc Caldwell Senior Center Board Meeting held on March 8, 2010: ard rhc Caldwell Hearhg Exanincr Meeting hcld on March 9,2010; 2. Approve Order of Decision for Case No. SUB-84(4)F-03 (Apple Creek Subdivision #4); 3. Approve Rcsolution authorizitrg th€ \ ,aivcr ofbuilding permit aod coDneclion fees in the amount of $5,231.30 fo! Habitat for Humanity for a rlew Habital for Hurladty house localcd at 724 An e Stsect; 4. Applove Rcsolution authorizing tbe waiver of fces associated with rIIt rental ofthc Caldwcll Train Depot for Ot€ Lions CIub 80 ye3rs ofservicc ctlcbratioD on Octob€r 29, 2010;5. Approve Rcsolution accepting an Independent Contractor AgreemeDt with John Walson for certain servic.s al Purple Sage Colf Cours4 eff.ctivc April l, 2010 thrcugh Dec.mb€r 3l, 2013;6. Approve Rcsolulion adopling lhc policy..garding Nondisoiminatio[ on the Basis of Disability (ADA); 7. Approv. Rcsolulion adopting th€ policy regarding the ADA Grievance Proc€dlEc; 8- Approve Resolution adopting the policy rcgarding Fai, Housing:9. Approvc Resolution adoptint the policy regardihg non-discrimination as providcd by Title Vl of th€ Civil Rights Act of l%4, the Civil fughts Resrorarion Acr of 1987, and subsequcnt relared acts; 10. Approvc Rcsolution adopting the policy regaiding the Title VI Discrimination Complaint Proccdurc; I l. Approvc Resolution accepring an Easement from Advocates Against Family Violencc for domestic walcr and sanitary sewer main lines regarding the Hope's Plaza D€velopmcnt; 12- Approve rcquest to approve a Purchasing and Maintenance Contract wifi Digital lmaging in rhe aftouDt oft4,366 regading a copier for thc SEeet DeparEner{; 13 ApEove lhe r.vis.d dates for rhe public hearing and auction concemhg th. PAL Center located al 3 15 No(h 5h Avenue. Public Hearing dale for April 19, 20t 0, and $e Public Auction dale for May 17, 20t0 OLD BI]SINESS: None NEW BUSINESS: l. Public Hcaring (Qussi-judicial): Case No. SUB-160E{6 (Siena Estates Subdivision time cxtcosion) a rcquest by Kevin Howell and Mason and Stanfield for a timc extension for lhe preliminary plal of Sierra Eshtes Subdivision localed on the nonhwest corner of Farmway Road and Ustick Road. 2. Financial & Human Resowce Repors. 3. CouncilRcpons. 4. Mayor's Commcnts. 5. Executivc sessioD pursuant to ldaho Code, Section 67-2345, Subs€ction (a) to discnss the hiring of a public oflicer, employee, staff member or individual agent, Section (c) ro discuss labor negotialions, and S€ction (0 to discrrss pending litigation. 6. Adjoum. N.xt R.gulrr City Council M.cting is on Mondry, Ap.il t9,2010 rt 7:00 p.m. in the Community Room at th€ Caldwell Police Station at I l0 South FiRh Any person needing spectal accommodations (o patticipaie in lhe meeting should c.ntact the City Clerk at 4l I Blaine Street or call #455-,1656 prior ro the meetinE. Ageoda and Minutes can b€ vieued on the City of Caldw€ll's website: }l.ll.com Cualquier persona necesitando comodidades especiales para panicipar en la reuni6n debe contactar al Vendedor de Ciudad en 4l I Blaine Sr o llame a #455-4656 antes de la reuni6n Page I of I cc