HomeMy WebLinkAboutCity Council)q
CITY COUNCIL
ITEM DATE STIBMITTED BY
(C. I Re ur,,od
OQ-S<e-5-(G-?8 fr.C*^^;O-
AI-* w,-a.d
l\ [L&.t
I
\r 0 r)
An
B.ook 39 o a
EXECUTIVE SESSION
MARCH 16, 1998
7:00 P.M.
Pursuant to Idaho State Code, Section 67-2345, an Executive Session was called to order
by MayorNancolas at7.00 p.m., March 16, 1998, inthe Mayor's Offrce at City Hall.
The purpose of the Executive Session was to discuss land acquisition.
The Roll of the City Council was called with the following members present: Earl,
Ontna,Langan, Wells, Houchins, and Evans. Absent: none.
After discussion, the Executive Session was adjourned at7 15 p.m. and the City Council
convened into their Regular Meeting.
REGULAR MEETING
MARCH 16,1998
7:30 P.M.
The Meeting was called to order by Mayor Nancolas.
The Invocation was offered by Way Fine, Pastor of the Memorial Park Baptist
Church, after which the Mayor requested that everyone remain standing for the
Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present:
Earl, Ozuna,Langan, Wells, Houchins, and Evans. Absent: none'
(ADDITIONS OR DELETIONS TO THE AGENDA)
It was MOVED by Earl, SECONDED by Houchins to delete Item No. 8 under the
Consent Calendar and postpone action on this item until the next Regular
meeting. This item *ur u Resolution to approve a change in the Collective Labor
Agreement with LA.F.F. Local 1821, Article ll, Uniform Specifications &
Clothing Allowance.
Roll call vote. Those voting yes: Earl, Ozuna, Langan, Wells, Houchins, and
Evans. Those voting no: none. Absent and not voting: none'
MOTION CARRIED
(INTRODUCTION OF SPECIAL VISITORS)
Mayor Nancolas introduced ElJay Waite, the newly appointed Finance Director,
Administrator, Treasurer for the City of Caldwell and welcome him on his first
full day serving in this capacitY.
AUDIENCE PARTICIPATION
The Mayor asked if there was anyone in the audience who cared to address the
City Council at this time on any item that was not on the prepared agenda.
John Tegge, 610 South 3'd, was recognized by the Mayor. Mr. Tegge discussed
several iiims including a belated welcome to the new Mayor, the new Council
President, and the Finance Director; questioned the amount of parking at the new
bank under construction at I lth Avenue and Blaine Street; asked that the Code
Enforcement Officer take a look at 310 South 3'd Avenue which he believed
needed to be cleaned up; and also asked if something couldn't be done to clean
up the planter on the comer of Main and Kimball
Staff did clariff the parking at the new bank and the Mayor assured Mr. Tegge
that they would inform the Code Enforcement Offrcer about the other matters.
Page 68
nO
i
I
I
I
, Book 39 o
Benny Peacock, discussed the smoke in the air because of the wood burning and
inquired as to whether there was an ordinance to control some of this.
CONSENT CALENDAR
The Mayor presented the following items on the Consent Calendar for
consideration by the Members of the City Council:
1. Dispense with the reading of the minutes of the Regular City Council Meeting
of March 2,1998, and the minutes of the Executive Session, March 9,1998,
and approve as written;
2. Approve acceptance of the minutes of the following boards and commissions:
Caldwell Industrial Airport Meting of March 5, 1998; the Historic
Preservation Commission Meeting of February 3, 1998; Planning and Zoning
Commission minutes from meetings on February 10, 1998, and February 12,
1998; and the Caldwell Golf Board Meeting of February 18, 1998;
3. Approve acceptance of the Order of Decision in the matter of the concurrent
applications of Joe Stafford for rezone, and annexation; Case Nos. ZON-03-
9'1, ANN-06-97, Course of Proceedings, General Facts, Testimony,
Applicable Legal Standards, Findings of Fact on rezone and Findings of Fact
on annexation, Conclusions of Law on annexation and decision on
annexation;
4. Approve acceptance of the Order of Decision regarding application of
Planning and Zoning Commission for placing a hold on accepting new
applications for mobile home park development until zoning ordinance can be
revised; Case No. HOL-01-98, Course of Proceedings, General Fact,
Testimony, Applicable Legal Standards, Findings of Fact, Conclusions of Law
and Decision;
5. Approve the reappointment of Chris Nye to the Historic Preservation
Commission for a three year term effective January 1,1998;
6. Approve the appointment of Jan Boles to the Historic Preservation
Commission for a three year term;
7. Approve Resolution authorizing the execution of an Agreement with
Toothman-Orton Engineering for engineering services at the Airport for the
next four years;
MOVED by Ozuna, SECONDED by Evans to approve the amended Consent
Calendar as presented by Mayor Nancolas.
Roll call vote: Ozuna, Langan, Wells, Houchins, and Evans. Those voting no:
none. Abstain: Earl. Absent and not voting: none.
MOTION CARRIED
OLD BUSINESS
PUBLIC HEARING ON THE STATUS OF FUNDS FOR THE IDAHO
COMMUNITY DEVELOPMENT BLOCK GRANT FOR REHABILITATION OX'
UNITS OF AFFORDABLE HOUSING AT FARMWAY VILLAGE)
Mayor Nancolas introduced Karl Augustine, Ida-Ore Planning and Development,
10624 West Executive Drive in Boise, who was in attendance tonight to make a
presentation under the Public Hearing process as to the status of funds for the
Idaho Community Development Block Grant for rehabilitation of units of
affordable housing at Farmway Village.
The Mayor opened the Public Hearing and Mr. Augustine made the following
presentation:
The purpose of this Public Hearing was to provide a second opportunity for the
citizens of the City of Caldwell to have input into the Farmway Village Housing
o Page 69
Book 39 o
Rehabilitation Project in accord with Idaho Community Development Block
Grant (ICDBG) regulations and the Idaho City's Citizen Participation Plan.
Specifically, the Plan requires that the City will conduct " . . at least one public
hearing on the status of fund activities . .". The Plan further requires that the
status of funds public hearing ". . at a minimum, must include . a general
description of accomplishments to date, a summary of all expenditures to date, a
general description of the remaining work, and a general description of changes
made to the ICDBG project, performance targets, activity schedules, project
scope, location, objectives, or beneficiaries . " To these ends, this public was
being convened in accordance with Caldwell's Citizen Participation Plan.
The City of Caldwell applied to the ldaho Department of Commerce (IDC) on
November 20, 1996, for ICDBG Program funds to rehabilitate 72 units of
affordable housing at Farmway Village. This pre-application was submitted on
behalf of the Caldwell Housing Authority (CHA) who owns and operates
Farmway Village. The pre-application was accepted and the City of Caldwell
submified a full application to IDC on March 7, 1997. IDC awarded the City of
Caldwell $446,290 in ICDBG funds on May l,1997, and a contract with IDC was
fully executed on May 26, 1997. A subrecipient agreement was fully executed
between the City of Caldwell and CHA on August 19, 1997, for the use of the
ICDBG tunds.
The Community Development Block Grant program (CDBG) was enacted by
Congress under the Community Development Act of 1974. This Act authorized
the U.S. Department of Housing and Urban Development (HUD) to operate the
CDBG program. In 1981, Congress amended the Act to allow states to assume
CDBG program operations. In Idaho, the Department of Commerce administers
the CDBG program on behalf of the state.
Only cities and counties were the eligible applicants to the ICDBG program. To
qualifir, eligible activities funded by the ICDBG program must:
. Principally benefit low and/or moderate income persons, or
o Aid in the prevention and/or elimination of slum & blight, or
o Meet community development needs having a particular urgency which pose a
serious and immediate threat to health.
Eligible activities range from property acquisition to planning and can include
public facilities, housing, economic development, removal of architecfural and
other barrier to promote accessibility for persons with disabilities, and other
activities listed in the ICDBG Application Handbook which was available for
public review.
The scope of work under contract, as amended, has made good progress with land
acquisition complete, architectural and engineering complete, site excavation
complete, utilities installation complete, and building construction underway to
include, but not limited to, slab foundation and stem walls, framing and sheathing,
roof trusses and decking, and other major structure components.
Summary of Expenditures to Date: The total budget for the Farmway Village
Housing Rehabilitation Project was $1,671,260. Of this amount, $446,290 was
ICDBG funds. The ICDBG funding was allocated as follows:
o Page 70
. $ 30,000o 14,175
o 7,500o 6,000
o 388,615
Grant Administration
ArchitecturallEngineering
Project Inspection
Land Acquisition
Construction
of the ICDBG funds, to date, $22,500 of the Grant Administration funds have
been expended. Of the $466,290 in Construction funding, $291,204 has been
expended, Relocation funds of $6,000 remain.
I
i
I
Bbok 39 o
Remaining Work: Rehabilitation work on 40 of the dwelling units was complete
with the remaining 32 still under construction.
Amendments have been made to the project budget,; however, according to the
project coordinator, these amendments will result in the completion of all 72
dwelling units. For example, the $14,175 in Engineering and $7,500 in Project
Inspection costs have been moved into the Construction line item. The cost of
well engineering and construction included in the original budget has been funded
from another non-Federal funding source. No changes have occurred in the
project's performance targets, scope, location, objectives, or beneficiaries. The
project was still on track for its November, 1998, completion.
Based upon the preceding presentation, the Caldwell Mayor and City Council will
open the public hearing portion of the meeting and request testimony and/or
comments on the project as described. Minutes of this public hearing will be
prepared by the Caldwell City Clerk and will be available for public review.
Following the receipt of any public testimony and/or comments, or response to
any questions, a recommendation will be made that the Caldwell City Mayor and
City Council close the public hearing.
Mayor Nancolas also noted that written testimony would be accepted for five days
after the public hearing. However, the public hearing would be closed at this
time.
Since there was no one signed to testiS to this matter, it was MOVED by Wells,
SECONDED by Langan that the Public Hearing be closed.
Roll call vote. Those voting yes: Wells, Houchins, Evans, Earl, Ozuna, and
Langan. Those voting no: none. Absent and notvoting: none.
MOTION CARRIED
Councilman Wells commented that Farmway Village has had a tremendous
amount of improvement and doesn't even look like it did three or four years ago.
Mayor Nancolas thanked Mr. Augustine for all of his efforts in this project and
asked that he thank others at lda-Ore as well.
NEW BUSINESS
(RESOLUTTON TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY AND TOOTHMAN.ORTON ENGINEERING CO. ['OR
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES IN
collNECTroN wrTH Arp PRoJECT NO. 3-16-004s-10)
The City Engineer addressed this item stating that this particular project was the
construction of some additional taxiways and apron areaat the airport as well as
the purchase of some land. The memo to the Council regarding this matter was
as follows:
The City was in the late stages of applying for a FAA Grant to construct
additional taxiways and apron at the Caldwell lndustrial Airport. Attached was a
proposed agreement between the City and Toothman-Orton Engineering Co. for
design and construction management services in connection with that project.
The agreement contbmplates that design services will cost $68,079.00 and
construction management services will cost $75,132.50, resulting in a total fee of
$143,211.50. The City asked a third party to provide a review of the prices based
on the scope of work and they estimated as a total fee, $146,480.00. In addition,
FAA reviews both the original cost proposal and the third party review and has
given us verbal indication that the fees were in order.
o Page 71
I
I
I
;(
.Book 39 o Page 72
The total cost of the proposed project, including construction and professional
services was estimated to be $1,009,000.00. Thelaa will fund 90%o of the totalcost and the state 4Yo. The City is responsible for the remaining 6yo. TheEngineering Department recommends thit the proposed engineerlng services
agreement between the City of Caldwell and Toothman-Orton EnginJering Co.
be approved and the Mayor and Clerk be authorized to execute the igrr..rit onbehalf of the City. Attached hereto was a proposed Resolution, thaf if adopted,
would approve the agreement and authorize its execution.
The Resolution was read by the Mayor as follows:
BE IT HEREBY RESOLVED by the council of the city of caldwell,
Idaho, that the Mayor and Clerk of said City are hereby authorized to execute that
certain agreement titled "Professional Engineering Savices Agreement,,, by and
between the City of Caldwell, Idaho and Toothman-orton Engineering Company,for the performance of engineering and construction management services in
connection with A.I.P. Project No. 3-16-0045-10, which agreement is attached
hereto and made aparthereof as if set forth in full.
MOVED by Earl, SECONDED by Evans that the Resolution as presented by the
Mayor authorizing the execution of this Agreement be passed.
Roll call vote. Those voting yes: Earl, ozuna, Langan, wells, Houchins, and
Evans. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
(AN APPEAL SUBMITTED BY BILL GIGRAY, Oi'O*U" AT LAW,PERTAINING TO THE SPECIAL USE PERMIT APPROVED FOR
TIMBERLAND ESTATES)
Mayor Nancolas stated that the next item under New Business was an appeal
submitted by Mr. Bill Gigray, Attorney at Law, pertaining to the special
-use
permit approved for Timberland Estates.
At the request of the Mayor, the Community Development Services Director
commented that the information in the Council's packet was prepared by the City
Attorney, Mr. Harris, and she would defer any comments or questions to him at
this time.
The Mayor asked if there was anyone who wanted to declare a conflict of interest
in this matter. Councilwoman Earl stated that she would declare a conflict of
interest and would not be taking part in any way with regard to this issue.
The City Attorney, Mr. Harris, stated that his understanding of this particular
application and the granting of the special use permit by the Planning aid Zoning
commission was that it was contingent upon the Council approving the
annexation and rezone. The City Council denied the annexation and rezoni and
therefore the approval of the special use permit became moot. His
recommendation as to a course of action was that the Council, by resolution,
authorize the Mayor to remand this matter back to the Planning and Zoning
Commission to enter an order in conformance with the decision made by the
Council with reference to the annexation and rezone.
The Mayor asked the City Attorney if the Planning and Zoning Commission
would be required to hold a public hearing to consider the remand or could it be
heard as a regular agenda item.
Mr. Harris stated that he believed it could be heard as a regular agenda item. The
granting of the special use permit was contingent upon approval by Council of the
annexation and rezone. When that failed by decision olthe Council, the granting
O
I
I ; : Book 39 a o
cAsE NO.ZON-o3 -97,ANN -06_97
and SUP-26-97
Page 73
or approval of the SUP failed and it was simply a matter of the planning andZoning Commission entering an order in confoilance with the decision ma-de bythe Council.
Mayor Nancolas stated that it was therefore the recommendation of the CityAttorney, Mr. Harris, on this matter that it be remanded back to the ffanning Lazoning commission. He then asked if Mr. Gigray cared to make *y.o*rrr"itr.
william F. Gigray, III, Box 247, Nampa and home address, 1523 Dearborn street,Attorney at Law representing the appellants, commented that he wanted to puton the record that he had been providid with this information by the CommunityDevelopment Director. He stated that they had no objection to the proposedaction in this matter. They did file the appeal or tnl planning and zoningCommission's decision because the special use permit still sits there even though,!ot9 contingencies were there and ihey felt this matter needed to be resolvedf.''u!y one way or the other. He believea tnis provides a procedural vehicle to doit' The courts do this in many instances when appellant courts rule in certainways and remand matters back to the lower uoay to make a decision inconformance with their decisions. So we fully agree *ith th. recommendation.
The Order of Council remanding the matter back to the Commission was asfollows:
BEFORE THE CITY COUNCIL OF THE
CITY OF CALDWELL
In the Matter of the Application of
Joe Stafford for Rezoning, Annexation
And a Special Use Permit to develop a
Mobile Home Park
)
)
)
)
The above matter having come before the City Council for hearing on theFebruary 2, 1998, for hearing on the recommendation of the Caldwell p-lanning
and Zoning Commission to annex certain property into the City of Caldwell as anF.-2 Zone, and the City Council having conauctei a public trearing as required bylaw on the said recommendation and having rejectei by decision-of the Council
the recommendation to annex said property into tt " citlof caldwell.
IT IS THEREFORE ORDERED AND THIS DOES ORDER that theabove referred to application is remanded to the Caldwell Planning and Zoning
Commission for further action with reference to the Application foi Special UsiPermit consistent with the Decision and order of the iiiy Council regarding theannexation of said property into the City of Caldwell.
MOVED by Langan, SECONDED by Houchins that this issue be remanded back
to the Planning andzoningcommission as stated above.
Roll call vote. Those voting yes: Langan, wells, Houchins, Evans, and ozuna.Abstain: Earl. Those voting no: none. Absent and not voting: ,on..
MOTION CARRIED
(CONSIDER RESOLUTION TO APPROVE MEMORANDUM OF AGREEMENTON APPLICATION OF' INTELLIGENT TRANSPORTATION SYSTEMS)
Mayor Nancolas reported that this item was a recommendation from a committeethat he has been participating in as well as the City Engineer. From a technical
standpoint, Mr- Law has been representing the City and lie has been doing so withregard to policy. The Ada Planning
-Association
has been Iooking at thetransportation issues in the entire Valley and have tried to establish a formatwhere there was cooperation and communication with everyone. Transportation
was something that was effecting us more and more by aii quality standards as
u. Qr'
Book 39
J I o Page 74
well as congestion. Through-this committee, there were several meetings heldand a plan put together regarding intelligent transportation. This Resolution wasto authorize the Mayor.to sign a Memorandum of Agreement on the application ofIntelligent Transportation Systems. Caldwell has ieen a part oi tt i, Committeefor some time and it was his recommendation that the Council authorize theexecution of this Agreement as it wold be a benefit to all of the Treasure Valleyresidents.
The Mayor read the Resolution as follows:
RESOLUTION OF THE CITY OF CALDWELL AUTHORIZING THEMAYOR TO SIGN THE MEMORANDUM OF AGREEMENT AMONGTREASURE VALLEY GOVERNMENTAL AGENCIES ON THEAPPLICATION OF INTELLIGENT TRANSPORTATION SYSTEMS.
WHEREAS, The Ada Planning Association, in cooperation with localgovemments, has initiated a Treasure Valley preliminary IntelligentTransportation Systems (ITS) planning process to deiermine if ITd technolo-gieshave application in the area to help solie transportation problems; andWHEREAS, A Treasure Valley ITS Commiitee was formed for thepurpose oj-g-Ttng the planning process and eventual deployment activities; andWHEREAS, Phase I of the planning process is designed to improve ITSawareness and begin the process of evaluiting the ITS adianced tecirnologies;
and
WHEREAS, The result of the Phase I planning process is the TreasureValley Intelligent Transportation Systems (ITS) Plan th-at identifies potential ITSsystem applications and recommended areas for detailed evaluation; andWHEREAS, The City of Caldwell has actively participated in thedevelopment of ITS and concurred with the preliminary concept of theMemorandum of Agreement; and
WHEREAS, The ITS Committee has strongly recommended that localgovernments approve the Memorandum of Agreement.
BE IT THEREFORE RESOLVED That the City of Caldwell herebyauthorizes and directs the Mayor of the City of Caldwell to sign the Memorandumof Agreement on the application of Intelliglnt TransportatioriSystems attached asExhibit A.
The Mayor added that all of the municipalities and organizations involved in thiswere concurrently presenting this Resolution for adoption to their respectivebodies. AIso, they were not asking for money at this sta[e.
MOVED by Houchins, SECONDED by Wells that the Resolution be passedauthorizing the execution of this Memorandum of Agreement pertaining toIntelligent Transportation Systems.
After a short discussion, the Mayor called for a roll call vote.
Roll call vote. Those voting yes: Houchins, Evans, Earr, ozuna, Langan, andwells. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
(RESOLUTION TO APPROVE AN ADDENDUM TO JOHN WATSON'ScoNTRACT)
The Mayor explained that this item was brought forward by many members of thecommunity as well as the Caldwell Golf Board. This was buricully a renewal ofJohn Watson's Contract providing that Purple Sage Golf Course be open all yearround' There was a lot of reasons given for thisl First of all, it was about theonly golf course in the area that was not open all year. In addition, Caldwelloffers two golf courses for the price of one. It was ielt that by op.ning the golfcourse year round, we could increase revenue significantly in tire saie of lolf
i
I
i
^(r:
o
BEFORE TIIE CITY COTJNCIL OF THE
CITY OF CALDWELL
o
CASE NO. 2ON43.97, ANIN.O6.97,
and SIJP-26-97
In the Matter of the Application of
Joe Stafford for Rezoning, Annqration,
and a Special Use Permit to Develop a
Mobile Home Park
Datedtr;" ((3fhy of lvlarcb, 1998.
)
)
)
)
The above natter h.riog come befo_re the City Cor:ncil for hearing on the February 2,1998, for hearing on the rccommendation of the Caldweil plenning and Zoiing co--;ssion toannex certaiu property into the City of Caldwetl as an R-2 Zone, and the City Council harinsconducted a public heariug as required by law on the said reco--endation *a n riog rejected.by decision of the Cor:ucil the recJmmendation to annex *ia pr"p.rry into the Ciqv of Caldwell.
IT IS THEREFORE ORDERED AND THIS DOES ORDER that the above referred toapplication is remanded to the Caldwell Planning and Zoning Co--irrioo for fi:rther action withreference tothe Application for Special Use Permit consistent with the Decision and. order of thecity co.ncil regarding the annexation of said property into the city of caidwell.
Wr^,fifip,,'rlr,-
Mayor GaretNancolas
t
aa