HomeMy WebLinkAbout2004-01-05city council minutes
REGULAR MEETING
JANUARY 5, 2004
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 asked that everyone
remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Hopper, Ozuna, Dakan, Wells, Blacker,
and Callsen. Absent: none.
SPECIAL PRESENTATIONS
The Mayor introduced Tony Vargas and Carla Shields of the Information Technology (IT) Department at the City of
Caldwell. Tony gave a demonstration of the City’s new website. Tony and Carla were congratulated on their efforts
and commended for the final outcome.
ADDITIONS OR DELETIONS TO THE AGENDA
Councilman Hopper requested that Item #11 on the Consent Calendar be removed and replaced with an approval of a
Taxicab License for AB Taxi for the year 2004.
MOVED by Hopper, SECONDED by Callsen to accept these amendments.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Blacker to approve the Agenda as amended.
Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
Katalina Goral, 1201 W. Flamingo Ave., Nampa, stated that she is a student at Vallivue High School and addressed
the Council about her research into national security issues. She spoke about the national budgeting for this and the
need to support the efforts of the Homeland Security Act. She requested that our leaders continue to support these
efforts.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by the Members of the City Council:
1. Dispense with reading of the minutes of the December 15, 2003 Regular City Council Meeting and approve as
written;
2. Approve acceptance of the minutes from Caldwell Industrial Airport Commission held on December 10, 2003;
3. Approve the appointment of Lavonne Painter, Zelda Nysingh, and Kenneth Averill to the Caldwell Senior
Citizens Board through December 31, 2006;
4. Approve Order of Decision on Case No. ANN-82-03 (Vallivue School District);
5. Approve Resolution No. 01-04 authorizing execution of an Airport Tenant Agreement with William L. Jonakin;
6. Approve Resolution No. 02-04 authorizing execution of a Cancellation of Airport Tenant Agreement with R&R
Aircraft;
7. Approve Resolution No. 03-04 authorizing execution of an Airport Tenant Agreement with Allan C. Gliege;
8. Approve Resolution No. 04-04 authorizing execution of a Cancellation of Airport Tenant Agreement with Gene
Hemenway;
9. (NOTE: This item
Approve Resolution authorizing execution of an Airport Tenant Agreement with Icarus, Inc.
was approved at this Council, however the documents for the lease were not provided so this item will
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appear on the January 20 Consent Calendar.)
10. Approve Resolution No. 06-04 authorizing execution of an Agreement for Professional Services – Task Order
No. 12 with CH2M HILL for consultant and inspection services during Bid and Construction periods for Canyon
Hill Water Tower exterior recoating project;
11. Approve Taxicab License for AB Taxi for January 1, 2004 through December 31, 2004;
12. Approve partnership with the Albertson College athletic department to help in the recruitment of prospective
student-athletes and showcasing the City of Caldwell;
13. Approve Award of Construction Services Contract to North American Construction, Inc. for steel casting bores
for the Linden-Middleton Waterline Project;
14. Approve award of bid for HAZMAT Vehicle to Hackney Emergency Vehicles;
15. Approve Taxicab License for A-1 Stop and Go for January 1, 2004 through December 31, 2004.
MOVED by Ozuna, SECONDED by Blacker to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Callsen, and Hopper. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
OLD BUSINESS
(CONSIDER BILL NO. 1 [ORDINANCE NO. 2487] ON CASE NO. ANN-82-03 [VALLIVUE SCHOOL
DISTRICT ANNEXATION] WITH THE REQUEST TO WAIVE THE THREE READING PROCESS, PASS
ON THE FIRST READING, AND APPROVE FOR PUBLICATION)
Mayor Nancolas read Bill No. 1 as follows:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD
BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R-1 (SINGLE-FAMILY) ZONE
DISTRICT; AND DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW
TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE
CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF
THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX
COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63-2219.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and pass Bill No. 1 on the first
reading.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 1 after the first reading, move for its passage, and
approve the Summary for Publication.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Callsen. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
SWEARING IN OF THE COUNCIL MEMBERS: JIM DAKAN, RICK WELLS, JIM BLACKER, AND ROB OATES.
The Mayor thanked Councilman Callsen for his service as Council member. He wished Callsen well in his personal
life and in any endeavors he may pursue. The Mayor stated that Callsen’s work for the community has made it a
better place to live and the citizens of the community are better off for his having served in the capacity of City
Council Person. The Mayor thanked Councilman Callsen’s family for their support and for allowing Callsen to serve
the City of Caldwell.
Councilman Callsen thanked the Mayor and Council for allowing him to serve. He stated that it has been wonderful
to see the City of Caldwell do so much of a turn around in such a short time. He also thanked the appointed officials
and City staff for the great work they do. He thanked the citizens who have volunteered and made Caldwell a better
place to live. He thanked the government partnership for the work they have done. Callsen thanked his family for
motivating him to serve the City. Callsen also thanked Rob Oates for caring enough about the community to run for
Council and serve in that capacity.
The Mayor congratulated the four individuals who were elected to Council.
The Mayor swore in the newly elected council members and they recited the official oath of office: Jim Dakan, Rob
Oates, Jim Blacker, and Rick Wells.
The Mayor called a 15-minute recess to celebrate the service of Councilman Callsen and to welcome the incoming
Council members.
NEW BUSINESS
(APPOINTMENT OF THE APPOINTED OFFICIALS FOR THE YEAR 2004)
Mayor Nancolas stated that this was the time for Council to confirm the appointed officials for the coming year. The
appointments would be from January 1, 2004 until the first Council meeting in the year 2005.
The Mayor made a statement about the great progress the City has made in the year 2003. He thanked the City staff,
appointed officials, and City Council for their work.
The Mayor recommended the reappointment Mark Hilty and the firm of Hamilton, Michaelson & Hilty, LLP as the
City Attorneys for the City of Caldwell.
MOVED by Dakan, SECONDED by Hopper 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: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Curt Hawkins, the Airport Manager, for appointment.
MOVED by Oates, SECONDED by Hopper to approve the appointment of Curt Hawkins as the Airport Manager for
the City of Caldwell.
Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Bob Sobba, Chief of Police, for appointment.
MOVED by Hopper, SECONDED by Ozuna to approve the appointment of Bob Sobba as the Chief of Police for the
City of Caldwell.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Bruce Allcott, the Fire Chief, for appointment.
MOVED by Blacker, SECONDED by Oates to approve the appointment of Bruce Allcott as the Fire Chief for the
City of Caldwell.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented ElJay Waite, the Finance Director and Treasurer, for appointment.
MOVED by Ozuna, SECONDED by Hopper to approve the appointment of ElJay Waite as the Finance Director and
Treasurer for the City of Caldwell.
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Gordon Law, the City Engineer and Public Works Director, for appointment.
MOVED by Blacker, SECONDED by Hopper to approve the appointment of Gordon Law as the City Engineer and
Public Works Director for the City of Caldwell.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Steven Hasson, the Community Development Director, for appointment.
MOVED by Hopper, SECONDED by Blacker to approve the appointment of Steven Hasson as the Community
Development Director for the City of Caldwell.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Monica Jones, the City Clerk and Human Resources Director, for appointment
MOVED by Oates, SECONDED by Dakan 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: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Susan Miller, Deputy City Clerk, for appointment.
MOVED by Ozuna, 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: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor presented Hiedi Hunter, Deputy City Clerk, for appointment.
MOVED by Dakan, SECONDED by Hopper to approve the appointment of Hiedi Hunter as the Deputy City Clerk for
the City of Caldwell.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor noted that the appointed official’s time frame is different from other employees because they are appointed
from January to the end of December because they serve at the pleasure of the Mayor and City Council. During the
budget session the Council has the opportunity to conduct reviews with each of the appointed officials to make sure
their departments are being run as the City Council has asked them to run them.
(ELECTION OF A CITY COUNCIL PRESIDENT FOR THE YEAR 2004)
Mayor Nancolas stated that the next item on the Agenda was the selection of a City Council President for the year
2004 and that he would accept nominations at this time.
MOVED by Dakan, SECONDED by Blacker that nominations cease and the Council cast a unanimous ballot for
Councilman Hopper to be Council President for 2004-2005.
Roll call vote. Those voting yes: Dakan, Wells, Blacker, Oates, Hopper, and Ozuna. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Dakan that nominations cease and the Council cast a unanimous ballot for
Councilwoman Ozuna to be Council Vice-President for 2004-2005.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
(CONSIDER APPROVAL OF GRANT APPLICATION FOR STORM WATER AND TRAIL SYSTEM AND
SET PUBLIC HEARING FOR JANUARY 20, 2004)
Gordon Law, 621 Cleveland Blvd., stated that the action is to set the Public Hearing for a decision to come two weeks
from now. He noted that he is not completely sure of how these things will fit in but Mr. Cannon is correct that we
need to move forward and try to make decisions in the next two weeks that might determine the validity and liability
of these grants.
MOVED by Oates, SECONDED by Blacker set the Public Hearing for grant applications on January 20, 2004 at the
Regular City Council Meeting.
Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI-JUDICIAL] ON CASE NO. SUB-97P-03 [CARRINGTON CENTER], A
REQUEST BY THE CARRINGTON COMPANY FOR PRELIMINARY PLAT APPROVAL OF ONE
COMMERCIAL LOT ON 10.97 ACRES)
The Mayor explained the public hearing process. Those signed up to speak and City staff were sworn in by the City
Clerk.
Joan Johnson, Planner for the City of Caldwell, 621 Cleveland Blvd. acknowledged being sworn in and gave the staff
report.
Kent Gingrich, 491 W. Pack Ave., Meridian, acknowledged being sworn in and stated that he is here on behalf of the
Carrington Company recommending approval of the preliminary plat. He stated that he is working on getting some
tenants for the area. He will be the engineer for the project. He noted that the owner was not able to make it tonight.
Councilman Oates asked about Item 9 on page four of the Staff Report. This item states that the proposed approach
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onto 10 Avenue on the submitted preliminary plat does not meet the necessary spacing requirements to allow a full
access approach. He asked if this will impact future development and whether they were aware of that provision
when the design was created. Gingrich stated that that was pointed out by City Staff and the owner is aware of it. It
will be a right out only rather than allowing a left turn also.
Councilman Oates asked if this is a common occurrence on these kinds of developments. Steve Hasson stated that it
depends on how close it is to the intersection. The City adopted Ada County Highway District standards as an interim
step last February or March. This intersection is a principal arterial converging with a minor arterial. The standard
distance for a full right in and right out would be 440 feet back from the intersection. In this instance it is 300 feet
from the intersection. There would not be enough time for a driver to respond if there was a full access there. In
those instances the City tries to limit it to right in and right out.
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Councilman Oates asked if the Maverick store next door to this site has full access on both Ustick and 10 Avenue.
Hasson stated that they have the same situation. Hasson added that the drives are channelized to encourage drivers to
go right rather than left. There is also the option to put a median in the right-of-way so drivers can’t turn in there.
Councilman Oates asked if a person can exit Maverick and proceed West on Ustick. Hasson answered that there is an
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access off of 10. It was determined that the exit opposite Brian Avenue on Ustick is a full access driveway. Hasson
thanked Councilman Oates for his questions.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of this Public Hearing.
Roll call vote. Those voting yes: Oates, Hopper, Ozuna, Dakan, Wells, and Blacker. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
EVIDENCE LIST:
The Mayor presented the following as evidence: Preliminary Plat, Sign-up sheets and Staff Report.
MOVED by Hopper, SECONDED by Oates to accept the evidence list as presented by the Mayor.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
COMPREHENSIVE PLAN ANAYLSIS:
MOVED by Hopper, SECONDED by Ozuna to adopt the Comprehensive Plan Analysis as presented in the staff
packet.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
FINDINGS OF FACT:
MOVED by Hopper, SECONDED by Blacker that the City Council accepts the facts as outlined in the staff report,
public testimony given tonight, the evidence list, and the fact that there was no testimony in opposition to the
application.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW:
MOVED by Ozuna, SECONDED by Hopper that the City Council has the authority to hear this request and to make
the decision to approve or deny, the hearing was legally noticed and conducted within the guidelines of applicable
codes and ordinances.
Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Blacker, Oates, and Hopper. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
ORDER OF DECISION:
MOVED by Hopper, SECONDED by Oates that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case No. SUB-97P-03 (Carrington Center), a request by the Carrington Company for
preliminary subdivision plat approval of one commercial lot on 10.97 acres in a C-1 (Neighborhood Commercial)
zone is approved with the conditions as outlined in the staff report.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the Public Hearing.
Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
(FINANCIAL AND HUMAN RESOURCES REPORT)
Councilman Blacker reported that the Finance Committee has reviewed current accounts payable in the amount of
$1,084,000.71 for the period ending December 23, 2003 and a net payroll of $190,256.24 for the pay period ending
December 13, 2003.
MOVED by Blacker, SECONDED by Hopper that accounts payable in the amount of $1,084,000.71 represented by
check numbers 18137 through 18450 and the total payroll for the amount of $190,256.24 represented by check
numbers 4087 through 4197 be accepted, payments approved, and vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED