HomeMy WebLinkAbout2009-01-20city council minutesBOOK 50
REGULAR MEETING
JANUARY 20, 2009
7:00 P.M.
PAGE
The Mayor asked everyone to stand for the invocation given by Bishop Dan Keener of the LDS 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,
Callsen, Dakan, and Sobba.
SPECIAL PRESENTATIONS
Rita Earl, Chairperson of the Audit Committee, 15115 Golden Eagle Drive, reported that the Audit
Committee met last week with a representative from the Eide Bailly audit firm, Councilman Blacker,
Councilman Callsen, and City Finance Director, E1Jay Waite to review the Audit Report and
Management Letter. She stated that it is a pleasure to see the excellent financial condition of the City
of Caldwell and the professional manner in which finances are being handled. She reported that the
Audit Committee fully supports the Audit Report and Management Letter and recommends approval
of the current audit.
E1Jay Waite, Finance Director, 411 Blaine Street, presented copies of the Audit Report to Council and
outlined the facts as written. He commended the department heads and staff who assisted in the audit.
The Mayor complimented City Council for their assistance in the budgeting process.
Lee Miller of Eide Bailly, 877 W. Main Street, Boise, presented the Management Letter and outlined
the audit evaluation. He commended Mr. Waite on his excellent management skills of City finances.
MOVED by Callsen, SECONDED by Blacker to accept the Audit Report as presented.
Those voting yes: unanimous.
ADDITIONS OR DELETIONS TO THE AGENDA
MOTION CARRIED
MOVED by Blacker, SECONDED by Dakan to amend the agenda under the Consent Calendar by
amending Item #14 to read: "Approve Resolution accepting the selection of Coffman Associates in
cooperation with Kimley -Horn Associates for the 2009 Update of the Caldwell Industrial Airport
Master Plan;" amending Item #16 to read: "Approve Resolution authorizing the partnership with the
U.S. Census Bureau supporting the goals and ideals for the 2010 Census;" amend Item #2 under Old
Business requesting to waive the rules and pass on the first reading; continue Item # 3 under Old
Business to the Regular City Council Meeting to be held on March 2, 2009 per the request of the
applicant; and continue Item #2 under New Business to the Regular City Council Meeting to be held
on February 2, 2009 per the request of the applicant.
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 Special City Council Workshop held on January 5,
2009; the Regular City Council Meeting held on January 5, 2008; the Caldwell Industrial Airport
Commission Meeting held on January 8, 2009; the Caldwell Library Board Meetings held on
October 9, 2008, November 6, 2008, and December 4, 2008; and the Friends of the Caldwell
Depot Meeting held on December 11, 2008;
2. Approve Resolution No. 13 -09 accepting the dedication of sewer, water, storm drain, and street
light improvements from Great Sky Development, Inc., for the Cumberland Subdivision, Phase
No. 1;
3. Approve Resolution No. 14 -09 accepting a Warranty Deed from Caldwell School District No. 132
for public right -of -way along Marble Front Road;
4. Approve Resolution No. 15 -09 accepting a Utility Easement from Darrel and LaDonna Deide for a
water main extension in conjunction with the 21 Avenue Water Line loop Project;
5. Approve Resolution No.16 -09 accepting the FY2009 Municipal Irrigation Assessment Roll,
estimate of expenses for irrigation system, adoption of the FY2009 irrigation fees, and set date and
place for the Board of Corrections Meeting to be held on March 17 -19, 2009 in the Water Office
located at 305 W. Chicago;
6. Approve Resolution No. 17 -09 authorizing the execution of the Memorandum of Understanding
with AmeriCorps VISTA program for Ken Wien as a VISTA volunteer in 2008;
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7. Approve Resolution No. 18 -09 authorizing the execution of an application and grant award
acceptance for Federal Assistance for AIP Project 3 -16- 0045 -019 with the Federal Aviation
Administration (FAA) regarding the Caldwell Industrial Airport for reimbursement of City
expenditures to purchase 10.72 acres;
8. Approve Resolution No. 19 -09 authorizing the execution of the Merchant Agreement with Billing
Document Specialists for approval of web -based credit card services;
9. Approve Resolution No. 20 -09 authorizing the execution of the Service Contract with Mason &
Stanfield, Inc., for plan revisions concerning the Depot Parking Project, Phase 2;
10. Approve Resolution No. 21 -09 authorizing the execution of an Independent Contractor Agreement
with John Watson to provide for certain services at Purple Sage Golf Course for a period of twelve
(12) months to expire December 31, 2009;
11. Approve Resolution No. 22 -09 authorizing the execution of a Memorandum of Agreement with
Idaho Transportation Department, Local Highway Technical Assistance Council, the Idaho
Historic Preservation Office, and the Federal Highway Administration for the 11'' Avenue and 21
Avenue Indian Creek Bridges Historic Preservation Project;
12. Approve Resolution No. 23 -09 authorizing the execution of a State /Local Agreement with Idaho
Transportation Department for the design of KN11233 Franklin Realignment and KN11584
Commercial Way Realignment Project;
13. Approve Resolution No. 24 -09 authorizing the execution of a Local Professional Services
Agreement with Idaho Transportation Department for the design of KN11233 Franklin
Realignment and KN11584 Commercial Way Realignment Project;
14. Approve Resolution No. 25 -09 accepting the selection of Coffman Associates in cooperation with
Kimley -Horn Associates for the 2009 Update of the Caldwell Industrial Airport Master Plan„
[amended]
15. Approve Resolution No. 26 -09 authorizing the Boise Valley Japanese American Citizens to work
with the City in developing a plan for Council approval and begin to raise funds for the proposed
garden located along Indian Creek;
16. Approve Resolution No. 27 -09 authorizing the partnership with the U.S. Census Bureau
supporting the goals and ideals for the 2010 Census; [amended]
17. Approve request for a taxi cab license from Mark F. Boisvert, 11 of Canyon County Cab;
18. Approve the correction to the re- appointment of Joan Pemble to the Library Board of Directors for
a term of five (5) years ending December 31, 2013;
19. Approve request from the Street Department to accept the Notice of Award to Cesco in the amount
of $155,415.00 for purchase of a 2009 3 '/2 Yard 4 -Wheel Drive Articulated Front End Loader.
MOVED by Blacker, SECONDED by Oates to accept the Consent Calendar as amended.
Those voting yes: unanimous.
MOTION CARRIED
OLD BUSINESS:
(PROTEST HEARING TO CONSIDER THE ACCEPTANCE OF THE ASSESSMENT ROLL
PREPARED IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT [LID] NO. 07 -1
FOR REPLACEMENT OF CONCRETE CURBS, GUTTERS, DRIVEWAY APPROACHES,
SIDEWALK AND DOWNTOWN DECORATIVE IMPROVEMENTS)
He declared the public hearing open.
Tim King, 621 Cleveland Blvd., presented the staff report and outlined the facts concerning the
assessment roll of Local Improvement District (LID) No. 07 -1. He noted that this is a voluntary LID.
MOVED by Blacker, SECONDED by Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 1 [ORDINANCE 27841 IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT [LID] NO. 07 -1 FOR REPLACEMENT OF CONCRETE
CURBS, GUTTERS, DRIVEWAY APPROACHES, SIDEWALK AND DOWNTOWN
DECORATIVE IMPROVEMENTS WITH THE REQUEST TO WAIVE THE RULES AND
PASS ON THE FIRST READING)
The Mayor read the ordinance by title only:
AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL
IMPROVEMENT DISTRICT NO. 07 -1 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING
THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF
PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH;
PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID
DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND
THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL
IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE
ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF
SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF
THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL;
RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION,
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PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD
THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT
DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to 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, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 1 and move for its passage.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 108 -08 A REQUEST BY
CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO SECTION 10 -12 REGARDING CITY CENTER ZONING DISTRICT)
By previous motion, this public hearing was continued to the Regular City Council Meeting to be held
on March 2, 2009.
NEW BUSINESS:
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB - 155E -06 A REQUEST BY SUSAN
WILDWOOD AND LOW'S CONCRETE APPEALING THE CALDWELL PLANNING AND
ZONING COMMISSION'S DECISION APPROVING A ONE -YEAR TIME EXTENSION
FOR THE PRELIMINARY PLAT OF EAGLE ROCK SUBDIVISION. THE SITE IS
LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF HIGHWAY 20/26
AND MIDLAND BOULEVARD)
The Mayor explained the public hearing/quasi- judicial process and the City Clerk swore in those who
had signed up to give testimony.
Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report
as written. She presented exhibits CC -1000 (large stapled packet), CC-1001 (annexation map), CC-
1002 (Eagle Rock annexation map with property owners within 300 -feet of the site), and CC -1003
(Tax Code Annexation Map). She noted that preliminary plat approval was granted in 2006 for the
Eagle Rock Subdivision with eight phases. At the present time, none of the phases have been
developed or recorded in the form of a final plat. The Planning & Zoning Commission approved the
request on December 9, 2008 with conditions for a one -year time extension on the preliminary plat.
Item #6.13 was added to the staff report by the Planning & Zoning Commission as a Condition of
Approval at the request of Susan Wildwood and consent of the developer. Ms. Wildwood and Low's
Ready Mix recommended additional conditions; however, the developer did not consent to those items
and the Planning & Zoning Commission chose not to add them as Conditions of Approval. An appeal
was filed by Ms. Wildwood in accordance with the allowed appeal period. Ms. Skinner concluded by
stating that even though the annexation is not a point of discussion in tonight's hearing, all annexation
issues have been resolved.
Susan Wildwood, P.O. Box 6502, Boise, acknowledged being sworn in. She reported on the
discussion by the Planning & Zoning Commission when the request was brought before them. She
expressed concern with the Conditions of Approval affecting her client. She noted that Low's Ready
Mix did not receive notice of the original public hearing conducted in 2006 due to the Post Office not
forwarding the envelope to their new address. The envelope was returned to the Planning & Zoning
Department and is part of the applicant's file. She reported that she and her client had attended the
neighborhood meeting and expressed their concern regarding a residential development abutting an
industrial zone within Canyon County.
Ms. Wildwood noted that the first three conditions from the staff report are listed on the preliminary
plat but are not part of any development agreement. Ms. Wildwood recommended that the Conditions
of Approval and additional items be listed in the development agreement to assure compliance: 1) a
significant buffer be provided between the two uses; 2) a deed restriction; 3) restrictive covenants for
the development; and 4) notification to each resident explaining the presence of the batch plant located
within an industrial zone, which abuts the development.
Cal Low, 10340 Hwy. 20 -26, acknowledged being sworn in and spoke in support of the request. He
emphasized the need to buffer the industrial use from the proposed residential development. He
reported that the majority of project operations for large jobs are conducted at night and therefore are
associated with site lighting and various noise factors. Such an atmosphere makes it difficult for
residences within a neighboring area He purchased the land in 2001 and started construction in 2004
for the industrial use. There are ninety people employed at the plant.
Susie Low, 21101 Oreana Loop Road, Oreana, acknowledged being sworn in and stated that she agrees
with the previous testimony given by Cal Lowe.
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Mark Claybome, 3944 Dorman, acknowledged being sworn in. Mr. Claybome stated that he has been
employed with Low's Ready Mix for 16 years and currently serves as the production and terminal
manager. He expressed his concern with the close proximity of the homes to the Union Pacific
Railroad track. The noise factor will disturb the homeowners and cause numerous complaints.
Richard Frisby, 783 S. Trunnel Avenue, Meridian, acknowledged being sworn in and spoke in support
of the request. He noted that he works as the operations manager for Low's Ready Mix and has been
in this type of work for approximately 30 years. He expressed his concern with potential complaints
from the area residents due to the nature of the neighboring industrial use.
Lori Reynoldson, 251 Front Street, Boise, acknowledged being sworn in and spoke in opposition to the
request. She concurred that the annexation was approved two years ago and the Planning & Zoning
Commission did approve the one -year extension and did not make an error in doing so. She expressed
her concern to amend the Conditions of Approval and inclusion of conditions on the plat.
Ms. Reynoldson continued by stating that Landmark Engineering staff met with Ms. Wildwood after
the neighborhood meeting and reviewed the concerns, which she expressed in behalf of her client. The
applicant redrew the plat to allow for more buffer space and moved most of the common area adjacent
to the railroad track. Ms. Reynoldson noted that the additional Conditions of Approval would be a
hardship for the developer in marketing the parcels.
John Carpenter, 332 N. Broadmore, Nampa, acknowledged being sworn in and expressed his concern
with the additional recommended Conditions of Approval.
In rebuttal, Susan Wildwood noted that no phone call was ever received from the developer to discuss
the issue. She suggested that a continuance be granted to workout the issues between the two parties.
Mark Hilty, 1303 12"' Avenue Road, Nampa, acknowledged being sworn in, and addressed questions
from Councilman Blacker. He noted that he previously rendered an opinion that the annexation was
valid. He encouraged Council to use the standard of asking if the development is in the best interest of
the City. Imposing additional conditions that are not acceptable to the developer could cause harm.
He suggested that a continuance be granted for the parties to negotiate their concerns.
Discussion followed concerning the aspects of a deed restriction and restrictive covenants
Mayor Nancolas suggested that an effort to dissolve the issues through dialogue would be a viable
option by continuing the hearing and allowing staff to work with the parties regarding the items of
concern.
Councilman Blacker recommended that the Airport Overlay Zone procedure be reviewed for viability
with this situation.
MOVED by Oates, SECONDED by Blacker to continue the hearing to the Regular City Council
Meeting to be held on March, 16, 2009 at 7:00 p.m. with the provision that all parties work together to
negotiate an amenable plan.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 107 -08 A REQUEST BY THE
CALDWELL PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO CHAPTER 11 OF CITY CODE TO REPLACE THE EXISTING
SUBDIVISION ORDINANCE WITH A NEW SUBDIVISION ORDINANCE)
By previous motion, this public hearing was continued to the next Regular City Council Meeting to be
held on February 2, 2009.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,684,482.88 for the pay period ending January 15, 2009 and a net payroll in the amount of
$283,710.02 for the pay period ending January 3, 2009.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,684,482.88
represented by check numbers 57780 through 58135 and the total payroll in the amount of $283,710.02
presented by check numbers 16863 through 16911 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous
(COUNCIL COMMENTS)
Councilman Dakan reported on the successful State of the City event.
MOTION CARRIED
Councilman Oates commented on the positive changes in the State of the City presentation.
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Councilman Blacker concurred with the comments made concerning the State of the City event.
(MAYOR'S COMMENTS)
The Mayor suggested that fifteen minutes be allocated at an upcoming City Council workshop
discussion concerning potential names for the park complex along Hwy. 20/26. Councilman Oates
suggested that a listing of all City park names be provided to him for discussion with the youth at the
next Mayor's Youth Advisory Committee Meeting.
The Round Table Session Administrative Policy for Public Property Projects was presented. The
Mayor noted that the policy was enacted on January 8, 2009.
A packet from the Ferguson Group proposal was distributed to the City Council members. He
requested that the document be reviewed by them for discussion at a future date. The Mayor noted that
all documents were submitted to FEMA on January 16' and the City is now awaiting FEMA's
determination.
The Mayor invited Council members to attend the discussion with the College of Idaho Senate
members on January 21s at 7:30 p.m. in the McCain Center.
The Mayor noted that if the Federal Stimulus Package is approved, the City needs to be prepared for
possible public transportation funding to include a potential interurban line. Staff is currently working
with COMPASS concerning this issue.
AIC Officials Day at the Capital is scheduled for January 29 to discuss legislative issues. Council
members should contact Susan Miller for reservations.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Hopper to adjourn at 9:10 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 2nd DAY OF FEBRUARY 2009.
Councilperson
Councilperson
Councilperson
ATTEST:
City Clerk
Mayor
Councilperson
Councilperson
Councilperson