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HomeMy WebLinkAbout2017-04-03 City Council Minutesr AGENDA REGULAR CITY COUNCIL MEETING Monday, April 3,2017 7:00 P.M. INVOCATION OFFERED BY PASTOR BRIAN DYER OF THE USTICK ROAD NAZARENE CHURCH. PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL. CONFLICT OF INTEREST DECLARATION. SPECIAL PRESENTATIONS. A. Proclamation: Crime Victims' Rights Week ADDITIONS OR DELETIONS TO THE AGENDA. AUDIENCE PARTICIPATION. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on March 20, 2017; the Caldwell Senior Center Board Meeting held on March 13, 2017; the Caldwell Youth Forum Subcommittee Meeting held on January 24, 2017; the Caldwell Historic Preservation Commission Meeting held on January 25, 2017; the Caldwell Hearing Examiner Meetings held on November 8, 2016 and January 10, 2017; and the Caldwell Pathways and Bike Routes Committee meeting held on January 17, 2017. 2. Approve Resolution authorizing the declaration and distribution of surplus property from the Caldwell Police Department; 3. Approve Resolution authorizing the declaration and distribution of surplus property from the Caldwell Street Department; 4. Approve request from the Caldwell Public Library to waive the Special Events Permit Fee in the amount of $75 associated with the First Responders event scheduled for May 13, 2017 at Caldwell Memorial Park; 5. Approve request from Coronar, LLC for the transfer of the Alcoholic Beverage License (Beer, Liquor, Wine On -Premises) for Los Mariachis Mexican Restaurant located at 4714 Cleveland Boulevard from Fernando Corona to Lucia Corona; 6. Approve Order of Decision for APP-17-01 (Canyon County Work Release Center SUP Condition Appeal); 7. Approve the Order of Decision for Case No. TE-17-01 (Aspens #5 Time Extension); 8. Approve the Order of Decision for Case No. TE-17-02 (Weston Pointe 45 Time Extension); 9. Approve the Order of Decision for Case No. SUB- 17F-02 (Cedar Crossing Subdivision No. 3 Phase 1); 10. Approve the Order of Decision for Case No. SUB- 17F-03 (Virginia Park Subdivision No. 9); 11. Approve request to accept the REVISED 2017 Planning & Zoning Commission/Hearing Examiner Meeting Calendar; 12. Approve Resolution adopting the Lake Lowell Area Bicycle and Pedestrian Access Plan; 13. Approve Resolution accepting a Temporary Access Easement with the City of Caldwell, Lovan, Roker & Rounds, P.C., J&J Meyer Properties, LLC, and Furioso and Associates, LLC to the Human Bean and Pita Pit restaurants due to the closure of 2 1 " Avenue for the widening of 2 1 " Avenue between Indian Creek and Cleveland Boulevard; 14. Approve Resolution accepting two Warranty Deeds from Richard Stallings for two separate parcels associated with the Indian Creek Pedestrian Pathway System in exchange for domestic water improvements as part of L.I.D. 15-3; 15. Approve Resolution accepting a Quitclaim Deed for right-of-way from James and Michele Connelly and Robert and Brenda L. Cooper for the purpose of future development of Midway Road; 16. Approve Resolution accepting a Quitclaim Deed for right-of-way from Bo and Aleica Richards for the future development of Farmway Road; 17. Approve Resolution authorizing the waiver of water and sewer connection fees associated with the Wolfe Field Press Box Project located in Griffiths Park. OLD BUSINESS: None. NEW BUSINESS: 1. Public Hearing (Legislative): Case No. OA-17-02 —A request by the Planning & Zoning Director to adopt the 2040 Caldwell Bicycle and Pedestrian Master Plan. 2. Consider Resolution adopting the 2040 Caldwell Bicycle and Pedestrian Master Plan. Page 1 of 2 3. Consider Resolution authorizing the adoption of amendments to the City of Caldwell Employee Policy Handbook, Section VIII, Selection, Promotion, Transfer and Separations, A. Recruitment, 2. Nepotism with an effective date of April 4, 2017. 4. Consider Resolution authorizing approval of Amendment No. I to the Phase One (Preconstruction Services) Contract for Construction Manager. -General Contractor Services to commence with construction of the Indian Creek Plaza Project and review project cost estimates. 5. Discussion regarding changes to the West Valley Humane Society Agreement. 6. Finance Report. 7. Council Reports. S. Mayor's Comments. 9. Adjournment. Next Regular City Council Meeting is on Monday, April 17, 2017 at 7:00 p.m. in the Community Room at the Caldwell Police Station at 110 South Fifth. Any person needing special accommodations to participate in the meeting should contact the City Clerk at 411 Blaine Street or call #455-4656 prior to the meeting. The entire agenda packet and minutes can be viewed on the City of Caldwell's website: www.ci ofcaldwell.com. Cualquier persona que necesita arreglos especiales para participar en la reunion debe comunicarse con el Secretario de la Ciudad en 411 Blaine Street o llame al # 455 a 4656 antes de la reunion. Page 2 of 2 BOOK 58 PAGE 43 REGULAR MEETING April 3, 2017 7:00 P.M. Mayor Nancolas opened the meeting at 7:00 p.m. and welcomed those in attendance. Pastor Brian Dyer of the Ustick Road Nazarene Church provided the invocation. The Mayor led the audience in the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Callsen, Pollard, Stadick, Allgood, Ozuna, and Hopper. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Mayor's Youth Advisory Council Presentation Armando Guerrero and Ashley Doser provided a summary of the recent National League of Cities Conference they attended in Washington, D.C. Both members expressed their appreciation to the City Council Members for the opportunity to attend. In response to questions from Councilman Pollard, Armando reported that they were able to present their White Paper to the Idaho Senators and congressional staff concerning immigration laws. B. Proclamation: Crime_Victims'Rights Week: The Mayor read the proclamation and presented the document to Aleshea Boals who serves as the Canyon County Victims Coordinator, Ms. Boals expressed her appreciation for the proclamation and partnership with the City of Caldwell. WHEREAS, Idahoans are the victims of nearly 3,500 crimes each year, affecting individuals, and communities; WHEREAS, providing victims with knowledge of their rights and available services further strengthens their ability to recover by restoring a sense of self -empowerment; WHEREAS, victims who feel heard, understood and supported are more likely to disclose their victimization, seek services, and participate in the justice process; WHEREAS, a multidisciplinary response, involving collaboration among victim service professionals, criminal justice officials, legal professionals, medical and mental health providers, and community leaders is essential to reach and serve all victims —especially those who are marginalized, have disabilities, or live in remote locations; WHEREAS, Idaho Crime Victims' Rights Week, April 2-8, 2017, provides an opportunity to recommit to ensuring that all victims of crime are afforded their rights; WHEREAS, the city of Caldwell, ID, is dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim responders, and working far justice for all victims and survivors. NOW, THEREFORE, 1, Garret, L. Nancolas, Mayor of the great city of Caldwell, ID, do hereby proclaim April 2-8, 2017 to be CRIME VICTIMS' RIGHTS WEEK IN CALDWELL. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen, SECONDED by Stadick to amend Item #4 under New Business to read: "Consider Resolution authorizing approval of Amendment No. I to the Phase One (Preconstruction Services) Contract for Construction Manager'General Contractor Services to commence with construction of the Indian Creek Plaza Project and approve project cost estimates. " MOTION CARRIED AUDIENCE PARTICIPATION Roxanne Cast, 224 Anderson Street, inquired about installing a privacy fence at her residence. The Mayor recommended that she contact Brian Billingsley in the Planning & Zoning Department for clarification on concerning this matter. BOOK 58 PAGE 44 CONSENT CALE"AR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on March 20, 2017; the Caldwell Senior Center Board Meeting held on March 13, 2017; the Caldwell Youth Forum Subcommittee Meeting held on January 24, 2017; the Caldwell Historic Preservation Commission Meeting held on January 25, 2017; the Caldwell Hearing Examiner Meetings held on November 8, 2016 and January 10, 2017; and the Caldwell Pathways and Bike Routes Committee meeting held on January 17, 2017. 2. Approve Resolution No. 61-17 authorizing the declaration and distribution of surplus property from the Caldwell Police Department; 3. Approve Resolution No. 62-17 authorizing the declaration and distribution of surplus property from the Caldwell Street Department; 4. Approve request from the Caldwell Public Library to waive the Special Events Permit Fee in the amount of $75 associated with the First Responders event scheduled for May 13, 2017 at Caldwell Memorial Park; 5. Approve request from Coronar, LLC for the transfer of the Alcoholic Beverage License (Beer, Liquor, Wine On -Premises) for Los Mariachis Mexican Restaurant located at 4714 Cleveland Boulevard from Fernando Corona to Lucia Corona; 6. Approve Order of Decision for APP-17-01 (Canyon County Work Release Center SUP Condition Appeal); 7. Approve the Order of Decision for Case No. TE-17-01 (Aspens #5 Time Extension); 8. Approve the Order of Decision for Case No. TE-17-02 (Weston Pointe #5 Time Extension); 9. Approve the Order of Decision for Case No. SUB-17F-02 (Cedar Crossing Subdivision No. 3 Phase 1); 10. Approve the Order of Decision for Case No. SUB-17F-03 (Virginia Park Subdivision No. 9); IL Approve request to accept the REVISED 2017 Planning & Zoning Commission/Hearing Examiner Meeting Calendar; 12, Approve Resolution No. 63-17 adopting the Lake Lowell Area Bicycle and Pedestrian Access Plan; 13, Approve Resolution No. 64-17 accepting a Temporary Access Easement with the City of Caldwell, Lovan, Roker & Rounds, P.C., J&J Meyer Properties, LLC, and Furioso and Associates, LLC to the Human Bean and Pita Pit restaurants due to the closure of 2 1 " Avenue for the widening of 21' Avenue between Indian Creek and Cleveland Boulevard; 14. Approve Resolution No. 65-17 accepting two Warranty Deeds from Richard Stallings for two separate parcels associated with the Indian Creek Pedestrian Pathway System in exchange for domestic water improvements as part of L.I.D. 15-3; 15. Approve Resolution No. 66-17 accepting a Quitclaim Deed for right-of-way from James and Michele Connelly and Robert and Brenda L. Cooper for the purpose of future development of Midway Road; 16. Approve Resolution No. 67-17 accepting a Quitclaim Deed for right-of-way from Bo and Aleica Richards for the future development of Farmway Road; 17. Approve Resolution No. 68-17 authorizing the waiver of water and sewer connection fees associated with the Wolfe Field Press Box Project located in Griffiths Park. MOVED by Pollard, SECONDED by Stadick to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Pollard, Stadick, Allgood, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS None. NEW BUSINESS (PUBLIC HEARING (LEGISLATIVE): CASE NO.OA-17-02 — A REQUEST BY THE PLANNING & ZONING DIRECTOR TO ADOPT THE 2040 CALDWELL BICYCLE AND PEDESTRIAN MASTER PLAN) The Mayor declared the public hearing open. Brian Billingsley, 621 Cleveland Blvd., provided the staff report. He noted that the plan was reviewed and revised over a period of eighteen months by City staff, COMPASS staff, and members of the Bicycle and Pedestrian Master Plan Committee. He explained that the staff report was sent to public agencies. Comments received from various public agencies were included within the plan. The plan was approved unanimously without any modifications by the Planning and Zoning Commission through the public hearing process. Brian Billingsley read letters into the record from Alex Hackett, Coordinator of Caldwell Safe Routes to School through the Treasure Valley Family YMCA and Nikole Zogg, Director of the Southwest District Health Department. BOOK 58 PAGE 45 The Mayor expressed appreciation to Brian Billingsley for the professional and informational workshop held with City Council on March 20, 2017 concerning the Bicycle and Pedestrian Master Plan, Paul Mann, 407 E. Spruce Street, charter member of the Bicycle and Pedestrian Master Plan Committee, stated his support for the Caldwell Bicycle and Pedestrian Master Plan. He expressed his appreciation for Brian Billingsley's leadership on behalf of the committee and his expertise in formulating the Master Plan. MOVED by Ozuna, SECONDED by Hopper to close the hearing. MOTION CARRIED (CONSIDER RESOLUTION NO. 70-17 ADOPTING THE 2040 CALDWELL BICYCLE AND PEDESTRIAN MASTER PLAN) COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. OA-17-02: MOVED by Callsen, SECONDED by Hopper to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED The Mayor read the resolution by title only: RESOLUTION ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CITY OF CALDWELL COMPREHENSIVE PLAN BY ADOPTING "APPENDIX D" HEREBY KNOWN AS THE "2040 CALDWELL BICYCLE AND PEDESTRIAN MASTER PLAN". MOVED by Hopper, SECONDED by Callsen to approve Resolution No. 70-17 as read by title only. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Stadick, Allgood, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. OA-17-02: MOVED by Hopper, SECONDED by Callsen based on the Comprehensive Plan Analysis and the testimony provided this evening, the Caldwell City Council hereby orders that OA-17-02 as requested by the Planning and Zoning Director to amend the 2040 Caldwell Bicycle and Pedestrian Master Plan be approved. MOTION CARRIED (CONSIDER RESOLUTION NO. 71-17 AUTHORIZING THE ADOPTION OF AMENDMENTS TO THE CITY OF CALDWELL EMPLOYEE POLICY HANDBOOK, SECTION VIII, SELECTION, PROMOTION, TRANSFER AND SEPARATIONS, A. RECRUITMENT, 2. NEPOTISM WITH AN EFFECTIVE DATE OF APRIL 4, 2017) Monica Jones, Human Resource Director at 411 Blaine Street, provided the staff report. She noted that the current policy does not allow nepotism in conjunction with appointed officials. She referenced the Idaho State Code which prohibits only elected officials from hiring relatives for the city's workforce. Currently, department mana;ers and/or supervisors are not allowed to hire relatives that they would supervise. The proposed personnel policy handbook changes have been reviewed and approved by ICRMP. In response to questions from Councilman Pollard, she noted that the Human Resource Director and Finance Director would not be allowed to have a relative work for the City of Caldwell since it would be deemed as a conflict of interest. Mark Hilty, City Attorney at 1303 12`h Avenue Road, stated that if the policy is approved, there would be no legal ramifications. The Mayor read the resolution by title only: RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO ADOPT AMENDMENTS TO THE CITY OF CALDWELL EMPLOYEE POLICY HANDBOOK, SECTION Vill. SELECTION, PROMOTION, TRANSFER AND SEPARATIONS, A. RECRUITMENT, 2. NEPOTISM WITH AN EFFECTIVE DATE OF APRIL 4, 2017. MOVED by Pollard, SECONDED by Allgood Ozuna to approve Resolution No. 7I-17 Roll call vote: Those voting yes: Pollard, Allgood, Ozuna, and Callsen. Those voting no: Stadick and Hopper. Absent and/or not voting: none. MOTION CARRIED BOOK 58 PAGE 46 (CONSIDER RESOLUTION NO. 69-17 AUTHORIZING APPROVAL OF AMENDMENT NO. I TO THE PHASE ONE (PRECONSTRUCTION SERVICES) CONTRACT FOR CONSTRUCTION MANAGERIGENERAL CONTRACTOR SERVICES TO COMMENCE WITH CONSTRUCTION OF THE INDIAN CREEK PLAZA PROJECT AND APPROVE PROJECT COST ESTIMATES) EIJay Waite, 411 Blaine Street, provided a spreadsheet outlining the proposed plaza project and the funding mechanism through the Caldwell Urban Renewal Agency and City of Caldwell Fund Balance. It was noted that the total project cost has been projected at a cost of 6.5 million dollars. He reported that he has met with City staff, GGLO (arch itect/designer), and McAlvain Construction (contractor) to review the budget and adjust/reduce costs as necessary. Mr. Waite stated that the Sweetwater Building at 123 7's Avenue has been declared as not structurally suitable to use as a storage site for of plaza ice rink equipment. Discussion followed concerning the placement of the restroorn and skate rental shop within the remodeled Sweetwater Building. The condensers and the ice rink equipment will be placed under the stage area. Discussion followed. Councilman Callsen spoke in support to moving forward with the plaza project. Kelli Jenkins, Chair of Destination Caldwell, residing at 16091 Orchard Avenue, spoke in support of approving of the plaza budget as presented. She noted that $200,000 was projected through BID revenue from 371 local downtown businesses. To date $163,000 has been collected from the property owners or approximately a 78% response from the assessments. A second notice will be sent out in the near future to the outstanding parcels. The BID funds will be used toward staffing Indian Creek Plaza. An executive director will be hired soon by Destination Caldwell. The Mayor read the resolution by title only: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, APPROVING "AMENDMENT NO. l TO STANDARD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONSTRUCTION MANAGER" RELATING TO CONSTRUCTION OF THE INDIAN CREEK PLAZA AND APPROVING THE BASE BID CONSTRUCTION ESTIMATE, INDICATING FUNDS EXPECTED TO BE REQUIRED FROM THE CITY FOR CONSTRUCTION OF THE INDIAN CREEK PLAZA PROJECT, INCLUDING THE DESIGN ASSOCIATED WITH SAID ESTIMATED COSTS, AS PREVIOUSLY PRESENTED TO COUNCIL. MOVED by Callsen, SECONDED by Ozuna to approve Resolution No. 69-17 Roll call vote: Those voting yes: Callsen, Pollard, Stadick, Allgood, Ozuna, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED The Mayor expressed appreciation to the citizens and business owners of Caldwell for the support throughout the entire planning process for the Indian Creek Plaza. (DISCUSSION REGARDING CHANGES TO THE WEST VALLEY HUMANE SOCIETY AGREEMENT) EIJay Waite, 411 Blaine Street, provided the staff report. He noted that no contract has been in place with the West Valley Humane Society since October 2015. Changes to the proposed contract were outlined. It was recommended that the City representative on the West Valley Humane Society Board be the Deputy City Treasurer. It was recommended that the Mayor and EIJay Waite present the contract proposals to the West Valley Humane Society Board for further discussion. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Allgood reported that the Finance Committee has reviewed current accounts payable in the amount of $2,380,793.37 for the period ending March 29, 2017 and net payroll in the amount of $303,071.61 for pay period ending on March 18, 2017. MOVED by Allgood, SECONDED by Stadick that accounts payable in the amount of $2,380,793.37 represented by check numbers 122383 through 122856 and payroll for the total amount of $303,071.61 represented by check numbers 31075 through 31091 and payroll direct deposits, be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard reported on the lack of donations for the Salvation Army during their kettle drive this winter due to the inclement weather. A "Snow Make Up Day" for bell ringing will be held on Saturday, May BOOK 58 PAGE 47 r r r 13, at WalMart. Susan Miller has been contacted about enlisting members of the MYAC to participate in this effort. (MAYOR'S COMMENTS) The Mayor reported on the opportunity to present governmental operations information to the students at Ridgeview High School on March 24'h during their American Government class session. The students were very interactive and receptive. Attorney General Lawrence Wasden will be speaking at the Mayor's Youth Advisory Council Meeting on April 51h at 5:30 p.m. The Mayor reported on the death of April Cabello's brother. The funeral will be held on April 41h. (April is an employee within the Planning & Zoning Department.) The Mayor provided development updates concerning the downtown hotel construction, the movie theater, Indian Creek Plaza, and site improvements at 10'h & Arthur. He noted that the road widening project at 21 ` and Cleveland Blvd. is underway. Robb MacDonald continues to work with Union Pacific concerning improvements along the railroad for the purpose of additional downtown parking sites. Fire negotiation will be held this year. A workshop will be held on April 12'h to discuss this matter with City Council. . The Mayor reported that a technical assistance grant about the formation of community schools has been awarded to the City of Caldwell from the National League of Cities (Mayors' Institute). The grant was written in partnership with the Caldwell School District and United Way Treasure Valley. Sacajawea Elementary has been selected as the site for this pilot project. He requested that City Council travel funds be designated for Debbie Geyer to also attend the Mayors' Institute representing the Caldwell Youth Master Plan. Other representatives attending would be Mayor Nancolas, Dr. French (Caldwell School District Superintendent), and Nora Carpenter (United Way Treasure Valley CEO). Council members concurred that City Council funds should be appropriated for Debbie Geyer's travel expenses. (ADJOURNMENT) MOVED by Hopper, SECONDED by Allgood to adjourn at 8:44 p.m. MOTION CARRIED APPROVED AS written THIS 17`h DAY OF April 2017, ATTEST: City Clerk