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HomeMy WebLinkAbout2010-01-19city council minutesBOOK 51 SPECIAL MEETING Executive Session JANUARY 19, 2010 6:00 P.M. PAGE EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1(C) FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND 1(F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper (via phone), Callsen, and Sobba. Those absent: Dakan. MOVED by Oates, SECONDED by Blacker to convene into Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection 1(c) for the purpose of discussing property acquisition and 1(f) for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into regular session Those voting yes: unanimous. Those absent: Dakan. REGULAR MEETING JANUARY 19, 2010 7:00 P.M. MOTION CARRIED The Mayor reported that an Executive Session was conducted at 6:00 p.m. No decisions were made or action taken. The Mayor asked that everyone stand for the invocation offered by Pastor Al Trachel of the United Methodist Church and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper (via phone), Callsen, and Sobba. Those absent: Dakan. SPECIAL PRESENTATIONS The Mayor recognized Terry and Trina Harrell in the audience. A. (AUDIT REPORT FOR THE CALDWELL CITY HEALTH TRUST) E1Jay Waite, City Finance Director at 411 Blaine Street, presented the audit report for the Caldwell City Health Trust conducted by Eide Bailly. He noted that the audit report was clean and indicated a cash balance of $678,486 as of September 30, 2009. The liabilities total $202,198 leaving a surplus of $476,288 to apply to future claims. Upon creation of the health trust, the fund has increased in value and all debts paid. The Mayor explained that the City of Caldwell is a self - insured entity for the employee health insurance program. Due to recent changes in rules and regulations; a trust was established. The insurance program is administered by Blue Cross. Mr. Waite added that the City has stop loss premiums, which makes the program not a totally self - insured fund. There are maximums that would be paid out relative to catastrophic events if the need were to arise. B. (AUDIT REPORT FOR THE CITY OF CALDWELL) E1Jay Waite, City Finance Director at 411 Blaine Street, explained that Eric Randall, of the Audit Committee was not available to present the Audit Committee's report and asked that the report be given by the Finance Director. He expressed his appreciation to the staff and department heads for their consideration and care in providing and safeguarding the assets of the City. He noted that approximately 1.5 million dollars as been spent on pending litigation expenditures since the 2008 audit. The fund balance currently stands at approximately 5.5 million dollars of undesignated reserves, which is slightly below the limit the City has operated with in the past to fund daily expenditures from October 1" through January 31 st . Jody Dougherty of Eide Bailly, 877 West Main, Boise presented the auditor's findings. She stated that the audit went very smoothly. She outlined the contents of the Audit Report. She expressed appreciation to Mr. Waite and his staff in their efforts in preparing for the audit. The Mayor noted that the various departments have been very prudent with spending. Overtime for staff is only allowed for emergency situations and safety services. No raises were appropriated for employees or elected officials. Through attrition, the City's workforce has been reduced with no new BOOK 51 PAGE positions being approved. Police and fire staff positions have been maintained through this downturn. He noted that copies of the budget and audit report are available for public viewing at City Hall. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Callsen to amend the agenda by deleting Item #15 under the Consent Calendar. Those voting yes: unanimous. 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 City Council Meeting held on January 5, 2010; the Caldwell Senior Center Board Meeting held on December 14, 2009; the City of Caldwell Employee Benefit Plan Trustee Special Meeting held on January 6, 2010; the Caldwell Industrial Airport Commission Meeting held on January 7, 2010; the Caldwell Traffic Commission Meeting held on January 4, 2010; and the Planning and Zoning Commission meeting held on December 8, 2009; 2. Approve Order of Decision for O'Reilly Subdivision No. 1 final plat (Case No. SUB- 203(1)F -09); 3. Approve Resolution No. 04 -10 accepting the dedication of water facilities from Canyon County for the Canyon County Development Services Building located at 6107 Graye Lane; 4. Approve Resolution No. 05 -10 accepting the dedication of water facilities from First National Pawn for the First National Pawn Development at 4406 Cleveland Boulevard; 5. Approve Resolution No.06 -10 accepting the Easement from the Caldwell School District for ingress /egress and public utility services to Washington Elementary School at 2918 Washington Avenue; 6. Approve Resolution No. 07 -10 accepting the Easement from the Caldwell School District for domestic water services to Washington Elementary School at 2918 Washington Avenue; 7. Approve Resolution No. 08 -10 accepting the Easement from the City of Caldwell to Ralph Smeed for the purpose of providing approaches to the subject property; 8. Approve Resolution No. 09 -10 authorizing the trustees of the City of Caldwell Employee Benefit Plan to execute the Amendment to Administrative Agreement between the City of Caldwell Employee Benefit Plan Trust and Blue Cross of Idaho Health Service, Inc.; 9. Approve Resolution No. 10 -10 authorizing the execution of amendments to the Verizon Wireless Agreement concerning antennas on the existing communication facility located at 703 N. Indiana Avenue; 10. Approve Resolution No. 11 -10 authorizing the award of contracts with AME Electric, Quality Electric, and Town & Country Electric for lighting and energy retrofit projects for city -owned projects; 11. Approve the appointment of Rick Wells to the Caldwell Housing Authority for a five (5) year term ending December 31, 2014; 12. Approve the re- appointment of Anne Marie Skinner, Garret Nancolas, Ken Wien, Rob Hopper, JoAnn Lowe, Marvin Henberg, Dave Gipson, John McGee, Randy Million, Steve Fultz, Cindy Oldenkamp, Chris Yamamoto, Scott Davis, James Dowen, and Steve Maughan to the Core Area Steering Committee for a period of one (1) year term ending December 31, 2010; 13. Approve the re- appointment of Anne Marie Skinner, Ken Wien, JoAnn Lowe, Dave Gipson, Randy Million, Steve Fultz, Chris Yamamoto, Kermit Scarborough, Joe Lombardo, Jeff Hibbard, Gary Vance, Bette Pilote, Rob Pilote, and Rem Fox to the City Core Master Framework Committee for a one (1) year term ending December 31, 2010; 14. Approve requests from the Caldwell City Clerk, Caldwell Police Administration Department, and the Caldwell Police Code Enforcement Department to destroy public records in accordance with the City of Caldwell Records Retention Policy; 15. Approve Resolution accepting the dedication of sewer, water, and storm drain improvements from S & H Homes for Cirrus Pointe Subdivision and Cirrus Pointe Off -site. [deleted] MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED OLD BUSINESS: (PUBLIC HEARING REGARDING THE INSTITUTION OF NEW OR INCREASED FEES IN EXCESS OF 5% FOR THE BUILDING DEPARTMENT AND POLICE DEPARTMENT) The Mayor declared the public hearing open. Brent Orton, City Engineer at 621 Cleveland Blvd, presented information concerning the request for the revision of the 2009 -2010 Fee Schedule for new Building Department fees. He noted that in the past the review of sprinkler systems for the citizens of the community had been provided by the Idaho BOOK 51 PAGE State Fire Marshal. The City now has staff that is qualified to provide this service. The Fire Department and Building Department have agreed that the Building Department will now be performing the full review of both the Fire Sprinkler System and Fire Alarm System plans. New fees are necessary to accommodate the increase in staff review time that has previously been performed by the State Fire Marshal. Chris Allgood, Police Chief at 110 South 5"' Avenue, presented the staff report concerning the request for the institution of the Police Department fee for documents provided to the public. A fee of $3.00 will be charged for reports up to six pages with an additional fee of $.05 per page thereafter for companies or individuals other than the victim of the accident or crime. He emphasized that victims of crimes will not be charged for a copy of their own report. Photos and audio records on CD will have a charge of $3.00 each and printed photos $1.00 per page. In 2009 approximately 2,100 police reports were provided at no charge to the public in general. Such a fee will help defray costs associated with this time consuming task. Discussion followed concerning possible research being conducted by staff of computer programs which might assist with the redaction of information from public documents. Mike Dittenber, 22730 Farmway Road, spoke in favor of the request. MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (APPROVE RESOLUTION NO. 12 -10 ADOPTING THE FEES FROM THE BUILDING DEPARTMENT AND POLICE DEPARTMENT) The Mayor read the resolution by title only: A RESOLUTION OF THE CITY OF CADWELL, IDAHO, A MUNICIPAL CORPORATION OF IDAHO, ADOPTING FEES FOR SERVICES PROVIDED AND REGULATORY CHARGES AS SPECIFIED BY CITY CODE FOR POLICE AND THE BUILDING DEPARTMENTS. MOVED by Callsen, SECONDED by Oates to approve Resolution No. 12 -10 adopting the new or increased fees for the Building and Police Departments. Roll call vote. Those voting yes: Callsen, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and/or not voting: Dakan. MOTION CARRIED (PUBLIC HEARING REGARDING THE INSTITUTION OF A FEE INCREASE IN EXCESS OF 5% FOR THE CALDWELL MUNICIPAL IRRIGATION DISTRICT TO ADDRESS ANTICIPATED INCREASES IN WATER ASSESSMENTS FROM THE SUPPLYING IRRIGATION DISTRICT) Brent Orton, City Engineer at 621 Cleveland Blvd., presented the staff report concerning the request for the institution of the increased fee for the Caldwell Municipal Irrigation District. He noted that the proposed increase is $10 and has been referenced as a surcharge, which is intended to cover the anticipated increase of fees from Pioneer Irrigation. The Caldwell Municipal Irrigation fees are set in January and Pioneer Irrigation fees are set in August. If the anticipated fees from Pioneer Irrigation are not raised, then it is possible that the fees would be decreased or reimbursed next year. MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (APPROVE RESOLUTION NO. 13 -10 ADOPTING THE FEES FROM THE CALDWELL MUNICIPAL IRRIGATION DISTRICT) The Mayor read the resolution by title only: A RESOLUTIO NOF THE COUNCIL OF THE CITY OF CALDWELL, IDAHO SETTING FORTH FEES, ASSESSMENTS AND POLICIES FOR THE MUNICIPAL IRRIATION SYSTEM FOR SAID CITY; RECEIVING AND ACCEPTING THE ASSESSMENT BOOK FOR THE 2010 IRRIGATION SEASON; RECEIVING AND ACCEPTING THE ESTIMATE OF EXPENSES FOR THE 2010 IRRIGATION SEASON; SETTING THE TIME AND PLACE FOR THE MEETING OF THE BOARD OF CORRECTION FOR 2010 ASSSESSMENTS; SETTING FEES FOR CONNECTING TO SAID IRRIGATION SYSTEM; SETTING UNIFORM METHOD OF ALLOCATING ASSESSMENT FOR THE 2010 IRRIGATION SEASON; SETTING CUSTOMER SERVICE CHARGES; SETTING POLICIES FOR REIMBUSEMENT FOR FACILTIY OVER - SIZING; AND SETTING AN EFFECTIVE DATE. MOVED by Callsen, SECONDED by Oates to approve Resolution No. 13 -10 adopting Caldwell Municipal Irrigation District fees and assessments. BOOK 51 PAGE Those voting yes: unanimous. Those absent: Dakan. MOTION CARRIED (CONTINUED PUBLIC HEARING [QUASI -JUDICIAL]: CASE NUMBER SUB- 122(E) -05 A REQUEST BY CIRRUS POINTE LLC, COMBS LAND DEVELOPMENT, INC. AND CONGER MANAGEMENT GROUP FOR A TIME EXTENSION FOR CIRRUS POINTE SUBDIVISION. THIS SITE IS LOCATED ON INDIANA AVENUE, NORTH OF ORCHARD AVENUE AND SOUTH OF KARCHER ROAD) MOVED by Oates, SECONDED by Blacker to continue the public hearing to the next Regular City Council Meeting to be held on February 1, 2010 at 7:00 p.m. Those voting yes: unanimous. Those absent: Dakan. MOTION CARRIED (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER SUB- 196P -08 A REQUEST BY JRL PROPERTIES LP AND LANDMARK ENGINEERING AND PLANNING FOR PRELIMINARY PLAT APPROVAL OF CROWN POINT SUBDIVISION CONSISTING OF 21 BUILDABLE LOTS IN A C -4 INTERCHANGE /FREEWAY COMMERCIAL ZONE. THE SITE IS ADDRESSED AS 3912 HWY 20 -26 AND IS LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 20 -26 AND AVIATION WAY) The Mayor announced that per the request of the applicant, the public hearing has been tabled. NEW BUSINESS: (PUBLIC HEARING [QUASI - JUDICIAL] TO DE -ANNEX THE KINGSVIEW AND QUAIL RIDGE SUBDIVISIONS FROM THE CALDWELL MUNICIPAL IRRIGATION DISTRICT) The Mayor explained the quasi - judicial process. The City Clerk swore in those who would be providing testimony. Brent Orton, 621 Cleveland Blvd., presented the staff report concerning this request. Mr. Orton noted that the request is permissible under City Code, the Order of Decision and Development Agreement for Kingsview Estates. The Order of Decision for Quail Ridge Subdivision dictated that they would go to the Wilder Irrigation District for pressurized irrigation service; however, Wilder Irrigation does not provide this type of service. He explained that it will be necessary for these two subdivisions to create a reservoir that will provide an irrigation storage facility or an irrigation well to meet their needs. Mr. Orton presented a letter from the Nampa & Meridian Irrigation District expressing their concern regarding the de- annexation request. He asked that the hearing be continued to the City Council Meeting on February 16, 2010 allowing City staff to address concerns with the Nampa & Meridian Irrigation District and to learn if the Boise Project Board of Control will accept the system. MOVED by Oates, SECONDED by Callsen to continue the public hearing to the Regular City Council Meeting to be held on February 16, 2010 at 7:00 p.m. Those voting yes: unanimous. Those absent: Dakan. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 122 -09 A REQUEST BY THE PLANNING & ZONING DIRECTOR TO ADOPT THE PATHWAYS AND BIKE ROUTES MASTER PLAN AS APPENDIX "D" TO THE CALDWELL COMPREHENSIVE PLAN) Brian Billingsley, Planning & Zoning Director at 621 Cleveland Blvd., presented the staff report and outlined the facts as written. A committee was enacted to assist in the plan's creation to include members: James Runsvold, Bill Gigray, Sr.; Chris Anton, Rod Garrett, and Scott Curtis. He noted that the plan's main goal is to provide enhancements to the City by creating a comprehensive pedestrian and bicycle plan that is based on the principles of continuity and minimal public economic impact while maximizing public accessibility and efficiency through major improvements. The plan focuses on building pathways in underserved neighborhoods and establishing bike routes on the City's street system. He presented a map of the proposed system, which was labeled as CC -1000. He reported that two events were held to solicit public input: an open house on September 17' (22 people in attendance) and a booth at the Indian Creek Festival on September 19 (approximately 100 people came and found out about the plan). The Planning & Zoning Commission recommended approval of the plan with one addition to the plan. They suggested that it include a pathway along Mason Creek down to the new elementary school on Marble Front Road, down to the proposed St. Lukes Hospital site, down to the Sky Ranch Development along Hwy. 20/26, and to the Caldwell Industrial Airport. Councilman Blacker expressed appreciation to Mr. Billingsley for the extensive work done concerning the Pathways and Bike Routes Master Plan. COMPREHENSIVE PLAN ANALYSIS: MOVED by Blacker, SECONDED by Sobba to accept the Comprehensive Plan Analysis as presented in the staff report. BOOK 51 PAGE 10 Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: staff report, Pathways and Bike Routes Master Plan, sign -up sheets, and the map of the proposed locations (CC- 1000). MOVED by Blacker, SECONDED by Oates to accept the Evidence List as presented. Those voting yes: unanimous. MOVED by Blacker, SECONDED by Sobba to close the public hearing. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED (APPROVE RESOLUTION NO. 14 -10 AUTHORIZING THE ADOPTION OF THE PATHWAYS AND BIKE ROUTES MASTER PLAN) 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 PATHWAYS AND BIKE ROUTES MASTER PLAN. MOVED by Hopper, SECONDED by Oates to approve Resolution No. 14 -10 adopting the Pathways and Bike Routes Master Plan. Those voting yes: unanimous. Those absent: Dakan (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $214,733.93 for the pay period ending January 14, 2010 and a net payroll in the amount of $284,588.13 for the pay period ending January 2, 2010. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $214,733.93 represented by check numbers 65783 through 65940 and the total payroll in the amount of $284,588.13 presented by check numbers 18923 through 18967 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) Council Members expressed their appreciation for the well presented State of the City address held on January 12, 2010. Councilman Blacker expressed his interest in having non - discrimination verbage included in the City Employee Manual as being researched by the Human Resource Director Monica Jones. The Mayor reported that the City Clerk will e -mail the information out to Council Members. (MAYOR'S COMMENTS) The Mayor reported that he recently flew to Seattle with Brent Orton to meet with Region 10 staff. Discussion was held regarding the Airport Master Plan process, cost reimbursement, property acquisition, airport access issues, and continued plans to move the Caldwell Industrial Airport project forward. The Mayor hosted the Annual Geography Bee at Wilson Elementary The Martin Luther King, Jr. Day Celebration was well attended. The City Council Meeting dates for the upcoming month are February 1" and February 19"' Brian Billingsley reported that a "Name the Park" contest will be conducted to name the proposed Lake Lowell Park site. Fifth and sixth graders within Vallivue School District will be submitting essays concerning this topic. City Council will be presented with the information in February for final selection of the winner of the contest and park name. The winner will receive a $50 savings bond and plaque. The essay will be read to the crowd by the winner at the groundbreaking ceremony. BOOK 51 (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 8:25 p.m. Those voting yes: unanimous. PAGE 11 MOTION CARRIED APPROVED AS written THIS l DAY OF FEBRUARY 2010. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: Clerk