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Home My WebLink About2007-01-02city council minutes 1 BOOK 48 PAGE REGULAR MEETING JANUARY 2, 2007 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The invocation was offered by Pastor Freddie Lane of Caldwell Christian Center. The Mayor welcomed those in attendance and asked everyone to stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, and Dakan. Absent: Wells. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by changing the dates on Item #16 under Consent Calendar to read December 31, 2006 to December 31, 2007; add Item #17 under the Consent Calendar: Approve Resolution authorizing the execution of an Agreement for Professional Services with Toothman Orton Engineering for Cleveland & Blaine curb and gutter replacement; add Item #18 under Consent Calendar: Approve Resolution authorizing the execution of a Settlement and Mutual Release Agreement between the City and David Bracht; continue Item #6 under New Business to the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m.; and add an Item # 9a under New Business for an Executive Session pursuant to Title 67-2345 for the purpose of discussing personnel issues and pending litigation. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1.Approve acceptance of the minutes from the Regular City Council meeting held on December 18, 2006 and the Friends of the Depot meeting held on December 5, 2006; 2.Approve Order of Decision and Development Agreement for Case No. ZON-48-06 (Fast Trac Development); 3.Approve Order of Decision for Case No. ANN-132-06 (Peregrine Estates); 4.Approve Order of Decision for Case No. SUB-141(1)F-06 (Sienna Hills #1); 5.Approve Order of Decision for Case No. SUB-24(7)F-98 (Ashton Hills #7); 6.Approve Resolution No. 03-07 accepting dedication of sewer, water, and street light improvements from Van Engelen Development for Pheasant Run Subdivision No. 2; 7.Approve Resolution No. 04-07 accepting dedication of sewer, water, storm drain, and street light improvements from Land Pro Development, Inc. for South Park Subdivision No. 2, Phase 10; 8.Approve Resolution No. 05-07 accepting dedication of sewer, water, storm drain, and street light improvements from Freehold Development, LLC for Sky Ranch Business Center No. 1; 9.Approve Resolution No. 06-07 authorizing the execution of Addendum No. 2 Engineering Agreement in the amount of $93,729 with JUB Engineers for the North Caldwell Interceptor Project; 10.Approve Resolution No. 07-07 authorizing the execution a Reimbursement Agreement with the Caldwell Urban Renewal Agency for the Franklin Sewer Project; 11.Approve Resolution No. 08-07 authorizing the execution of a Crossing Agreement with Bureau of Reclamation for Sienna Hills Subdivision at Indiana Avenue and Karcher Road; 12.Approve Resolution 09-07 authorizing the execution of a Real Estate Lease Agreement with Caldwell Christian th Center at 214 South 7 Avenue; 13.Approve Resolution 10-07 authorizing the execution of an Independent Contractor Agreement with Jerome Mapp for Hearing Examiner services; 14.Approve reappointment of Scott Wallace to the Planning and Zoning Commission for a three (3) year term ending December 31, 2009; 15.Approve reappointment of Myron Tucker to the Airport Commission for a three (3) year term ending December 31, 2009; [December 31, 2006 16.Approve Taxicab License for Kool Kab for the term of January 2, 2007 to December 31, 2007; to December 31, 2007] 17.Approve Resolution 11-07 authorizing the execution of an Agreement for Professional Services with Toothman Orton Engineering for Cleveland & Blaine curb and gutter replacement; 18.Approve Resolution 02-07 authorizing the execution of a Settlement and Mutual Release Agreement between the City and David Bracht. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Those voting yes: unanimous. Those absent: Wells. MOTION CARRIED 2 BOOK 48 PAGE OLD BUSINESS (CONSIDER BILL NO. 61 [ORDINANCE 2636] FOR CASE NO. ZON-49-06 [SHERVIK REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 61 by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE C-3 (SERVICE COMMERCIAL) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to suspend the three reading process and consider Bill No. 61 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 61, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (CONSIDER BILL NO. 1 [ORDINANCE 2576] FOR CASE NO. OA-74-06 [LANDSCAPING MATERIALS] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor introduced this bill by title only: AN ORDINANCE AMENDING THE CALDWELL ZONING ORDINANCE BY EXPANDING LANGUAGE TO CLARIFY LANDSCAPING MATERIALS AND FORMATION OF AN APPEALS PROCESS. MOVED by Hopper, SECONDED by Blacker to fix typographical errors, waive the three reading process, and consider Bill No. 1 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 1, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED NEW BUSINESS (MAYOR’S PRESENTATION OF THE APPOINTED OFFICIALS FOR THE YEAR 2007) Mayor Nancolas stated that this was the time for Council to confirm the appointed officials for the coming year. The Mayor outlined challenges that the City and staff has had to handle during the 2006 calendar year. He thanked the appointed officials for their service and dedication. The appointments would be effective January 1, 2007. The Mayor presented Monica Jones, the City Clerk and Human Resources Director, for appointment. MOVED by Hopper, SECONDED by Blacker to approve the appointment of Monica Jones as the City Clerk and Human Resources Director for the City of Caldwell. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Gordon Law, the Public Works Director, for appointment. MOVED by Hopper, SECONDED by Blacker to approve the appointment of Gordon Law as the Public Works Director for the City of Caldwell. 3 BOOK 48 PAGE Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor recommended the reappointment of Mark Hilty and the firm of Hamilton, Michaelson & Hilty, LLP as the City Attorneys for the City of Caldwell. MOVED by Blacker, SECONDED by Oates to approve the appointment of the law firm of Hamilton, Michaelson, & Hilty, LLP as City Attorneys for the City of Caldwell. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Robert Sobba, Chief of Police, for appointment. MOVED by Blacker, SECONDED by Oates to approve the appointment of Robert Sobba as the Chief of Police for the City of Caldwell. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Mark Wendelsdorf, the Fire Chief, for appointment. MOVED by Oates, SECONDED by Blacker to approve the appointment of Mark Wendelsdorf as the Fire Chief for the City of Caldwell. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented ElJay Waite, the Finance Director and Treasurer, for appointment. MOVED by Blacker, SECONDED by Oates to approve the appointment of ElJay Waite as the Finance Director and Treasurer for the City of Caldwell. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Brian Billingsley, the Planning and Zoning Director, for appointment. MOVED by Blacker, SECONDED by Hopper to approve the appointment of Brian Billingsley as the Planning and Zoning Director for the City of Caldwell. Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, and Dakan. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Curt Hawkins, the Airport Manager, for appointment. MOVED by Oates, SECONDED by Blacker to approve the appointment of Curt Hawkins as the Airport Manager for the City of Caldwell. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Debbie Geyer, the Deputy City Clerk, for appointment. MOVED by Oates, SECONDED by Hopper to approve the appointment of Debbie Geyer as the Deputy City Clerk for the City of Caldwell. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED The Mayor presented Susan Miller, the Deputy City Clerk, for appointment. MOVED by Oates, SECONDED by Hopper to approve the appointment of Susan Miller as the Deputy City Clerk for the City of Caldwell. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (THE ELECTION OF A NEW CITY COUNCIL PRESIDENT FOR THE YEAR 2007) MOVED by Oates, SECONDED by Hopper to nominate Councilman Blacker to serve a second term as the Council President for calendar year 2007. 4 BOOK 48 PAGE Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, and Blacker. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED MOVED by Dakan, SECONDED by Callsen to nominate Councilman Wells as the alternate Council President for calendar year 2007. Roll call vote. Those voting yes: Dakan, Blacker, Oates, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (CONSIDER RESOLUTION NO. 01-07 AUTHORIZING THE ADOPTION OF THE 2007 PARK IMPACT FEE CAPITAL IMPROVEMENT PLAN CALCULATIONS) ElJay Waite, 411 Blaine, presented the staff report and outlined the facts as written. He recommended that the impact fee should be increased to $805. MOVED by Callsen, SECONDED by Hopper to approve Resolution No. 01-07. Roll call vote. Those voting yes: Callsen, Dakan, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (PUBLIC HEARING TO CONSIDER ACCEPTANCE OF THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT [LID] 04-1 FOR CONSTRUCTION AND REPLACEMENT OF CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAY APPROACHES) The Mayor declared the public hearing open. Gordon Law, 621 Cleveland Blvd., presented the staff report. He noted that the Local Improvement District (LID) was created in 2004 and participants include the homeowners, the Urban Renewal Agency, and the City. Larry Taylor, 851 E. Andilles Court, Meridian, spoke in opposition to the request. He stated his concern regarding the LID notification process. He reported recently purchasing property at 1123 Blaine Street noting that the LID did not appear on his title report. He received his first correspondence from the City last month, after he had purchased the property, concerning the $16,000 LID obligation. Mr. Law stated that an LID does not become a recordable item until the assessment role is approved through City Council action. He noted that usually the previous homeowner discloses information to the prospective buyer concerning any LID in process. In response to questions from Mayor Nancolas, Mr. Law reported that the LID construction work has been completed. Discussion followed concerning the City’s legal notification obligations during a pending LID process. th The Mayor read into the record a letter of opposition from Philip D. Whitener who owns property at 115 South 7 Avenue. th Tim King, 621 Cleveland Blvd., reported that the LID at 115 South 7 Avenue began as a forced repair due to safety hazards. The curb and gutter requirements at the site were also necessary to facilitate improvements on adjacent properties. th Mr. Law clarified that the 115 South 7 Avenue property was one of the 30 downtown properties declared by Council to have safety concerns due to deteriorated curb and sidewalk. Discussion followed concerning actual improvements made to the site. The Mayor suggested that staff review Mr. Whitener’s assessment and return with recommendations based on the estimate and change order. He also suggested that Mark Hilty research any possible solution to pending LID procedures to help eliminate future occurrences as in the case of Mr. Taylor. MOVED by Hopper, SECONDED by Blacker to continue this public hearing to a time and date certain, which is at the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m. Those voting yes: unanimous. Those absent: Wells. MOTION CARRIED (CONSIDER BILL 2 [ORDINANCE 2653] CONFIRMING THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT [LID] 04-1 WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) [This item was continued to the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m.] (PROTEST HEARING ON THE FORMATION OF LOCAL IMPROVEMENT DISTRICT [LID] 07-1 FOR CONSTRUCTION OF CONCRETE CURBS, GUTTERS, DRIVE APPROACHES, SIDEWALKS, AND DOWNTOWN DECORATIVE IMPROVEMENTS) 5 BOOK 48 PAGE [This item was continued to the Regular City Council Meeting to be held on January 16, 2007 at 7:00 p.m.] (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $524,027.07 for the period ending December 21, 2006 and a net payroll in the amount of $228,736.59 for the pay period ending December 9, 2006. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $524,027.07 represented by check numbers 40472 through 40682 and the total payroll in the amount of $228,736.59 represented by check numbers 11688 through 11803 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) None. (MAYOR’S COMMENTS) The Mayor read into the record an accounting of the time he has spent working and the boards and committees that he serves on. th The State of the City Address will be held on Tuesday, January 9, at 11:30 a.m. The location is the O’Connor Field House and reservations must be made through Susan Miller. The Mayor’s Youth Advisory Council is currently involved in a Treasure Valley-wide project entitled “March Against Meth.” The coalition includes the cities of Meridian, Caldwell, Eagle, Nampa, and Wilder. th The next City Council Meeting will be held on Tuesday, January 16. He invited the City Council Members to participate in the Association of Idaho Cities Days at the Legislature on January 25 and 26. th. The Banner Bank Green Building tour will be conducted on January 10 (EXECUTIVE SESSION PURSUANT TO IDAHO STATE CODE 67-2345 FOR THE PURPOSE OF DISCUSSING PERSONNEL ISSUES AND PENDING LITIGATION) MOVED by Hopper, SECONDED by Oates to convene into an Executive Session pursuant to Idaho State Code 67- 2345 for the purpose of discussing personnel issues and pending litigation. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED reconvene MOVED by Oates, SECONDED by Callsen to into the Regular Council Meeting. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Wells. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Hopper to adjourn at 8:40 p.m. Those voting yes: unanimous. MOTION CARRIED