HomeMy WebLinkAbout2010-02-01city council minutesBOOK 51 PAGE 12
SPECIAL MEETING
Executive Session
FEBRUARY 1, 2010
6:00 P.M.
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1(F)
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION.
The Roll of the City Council was called by the City Clerk with the following members present: Blacker,
Oates, Hopper, Callsen, Dakan (via phone), and Sobba.
MOVED by Oates, SECONDED by Blacker to convene into Executive Session pursuant to Idaho Code,
Section 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation.
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
MOVED by Hopper, SECONDED by Callsen to close the Executive Session at 6:27 p.m.
Those voting yes: unanimous. Those absent: none.
MOTION CARRIED
SPECIAL MEETING
Workshop Session
FEBRUARY 1, 2010
6:30 P.M.
(PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED PARKS &
RECREATION MASTER PLAN)
Council Members Present: Blacker, Oates, Hopper, Callsen, Dakan (via phone), and Sobba.
Staff Present: Brian Billingsley, Anne Marie Skinner, Brent Orton, Vinton Howell, and Collette Sanders.
Brian Billingsley, 621 Cleveland Blvd., presented the proposed Parks & Recreation Master Plan and
outlined the contents of the plan.
Discussion followed concerning the need for an addendum to the plan addressing the issue of maintenance
for the proposed increased park space as proposed within the Master Park Plan.
The workshop was completed at 6:48 p.m.
REGULAR MEETING
FEBRUARY 1, 2010
7:00 P.M.
The Mayor reported that an Executive Session was held at 6:00 p.m. pursuant to Idaho Code, Section 67-
2345, Subsection 1(f) for the purpose of discussing pending litigation followed by a workshop at 6:30 p.m.
discussing the proposed Parks & Recreation Master Plan. No decisions were made or action taken.
The Mayor asked that everyone stand for the Pledge of Allegiance to the Flag followed by a moment of
silence in remembrance of Larry Osgood, who served as the interim Caldwell Public Works Director and
City Engineer for the past two years. Mr. Osgood passed away on Saturday, January 30"'.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan (via phone) and Sobba. Those absent: none.
SPECIAL PRESENTATIONS
Cindy Sears of Caldwell, Silver Medalist in the 2009 Special Olympics World Games with the Idaho
Floor Hockey Team. She presented pictures and information concerning the importance of this
organization and their events. She encouraged those who would like to find out more information or
volunteer with the Special Olympics, visit their website at specialolympics.org.
The Mayor acknowledged the students from the Caldwell High School Government Class in
attendance. He introduced Mr. Fortner, Caldwell High School U.S. History and American
Government teacher, and asked the students to stand and introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to amend the agenda by correcting Item #7 under the
Consent Calendar to read: "Approve Resolution to the Secretary of the Air Force and Congressional
Delegation representing the State of Idaho in the Congress of the United States regarding the selection of
Idaho for its F -35 missions." and continue Item #11 under the Consent Calendar and Item #1 under Old
Business to the Regular City Council Meeting to be held on Tuesday, February 16 at 7:00 p.m.
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Those voting yes: unanimous.
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
PAGE 13
MOTION CARRIED
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 and Regular City Council Meetings held on
January 19, 2010; the Caldwell Friends of the Depot held on November 19, 2009; the Caldwell City
Traffic Commission Meeting held on January 4, 2010; the Caldwell Historic Preservation
Commission Meeting held on November 23, 2009; the Caldwell Golf Board Meeting held on
December 16, 2009; and the Caldwell Employee Benefit Plan Trustee Meeting held on January 25,
2010;
2. Approve Resolution No. 15 -10 authorizing the Award of Bid for construction of a box culvert in the
Canyon Hill Lateral at the new airport terminal to Ideal Demolition Services in the amount of
$31,700;
3. Approve Resolution No. 16 -10 authorizing the Award of Bid for 4,000 tons of seal coat aggregate to
Thueson Construction in the amount of $50,000;
4. Approve Resolution No. 17 -10 authorizing the request to declare four grain silos located along the
east side of Highway 30 and the Purple Sage intersection as surplus public property;
5. Approve Resolution No. 18 -10 authorizing the adoption of amendments to Section IL Employment
Policies, A. Equal Employment Opportunity of the Caldwell Personnel Policy Manual and set an
effective date of February 1, 2010;
6. Approve Resolution No. 19 -10 authorizing the execution of a Local Professional Services
Agreement with WH Pacific in the amount of $18,568.49 for professional engineering services for
the IC29 Stage 11 ([Phase III] — Franklin Road Realignment) and Stage III ([Phase IV] Commercial
Way Realignment) projects as administered through Idaho Transportation Department;
7. Approve Resolution No. 20 -10 to the Secretary of the Air Force and Congressional Delegation
representing the State of Idaho in the Congress of the United States regarding the selection of Idaho
for its F -35 missions; [amended]
8. Approve request from the Caldwell Recreation Department to amend the 2009 -2010 Recreation Fee
Schedule;
9. Approve requests from the Caldwell Mayor's Office, Finance Department, Water Department,
Building Department, and the Payroll Department to destroy public records in accordance with the
City of Caldwell Records Retention Policy;
10. Approve Resolution No. 21 -10 adopting the Snake River Canyon Scenic Byway Corridor
Management Plan;
11. 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; [amended]
12. Approve the appointment of Virginia Ponte to the Audit Committee for a period of thee (3) years
ending December 31, 2013 and approve the re- appointment of Nancy Seal to the Audit Committee
for a period of (2) years ending December 31, 2012.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
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
OLD BUSINESS:
(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)
By previous motion, this item was continued to the next Regular City Council Meeting to be held on
Tuesday, February 16, 2010 at 7:00 p.m.
NEW BUSINESS:
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ZON- 58- 08 -DAA A REQUEST
BY EISENBERG COMPANY AND LEI ENGINEERS AND SURVEYORS TO AMEND AN
EXISTING DEVELOPMENT AGREEMENT ON PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF SMEED PARKWAY AND HIGHWAY 20/26 BY ADDING
LANGUAGE REGARDING A PROPOSED DRIVE APPROACH ON THE EAST SIDE OF
SMEED PARKWAY)
The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those who would
be giving public testimony. The Mayor declared the public hearing open.
BOOK 51 PAGE 14
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as written.
She presented an aerial map ofthe site, which the Mayor labeled as CC -1000.
Ms. Skinner noted that there is a service approach on the SE corner of the subject property and a full
approach further north of the service approach. The Veteran's Administration has chosen the site
directly across the street from Thomas Jefferson Street to place their new facility. The VA
development will have a full approach coming on to Smeed Parkway. She reported that Mr. Eisenberg
requested a confirmation that his previously approved approaches would not be affected by the new
VA development. Staff recommends approval of the additional language within the agreement.
In response to questions from Councilman Hopper, Brent Orton, 621 Cleveland Blvd., responded that
the proposed access points are compliant with City Code.
Laren Bailey, 2040 South Eagle Road, Boise, spoke in support of the request and outlined the exact
location of the proposed access point for the VA Center development. He presented the Veteran's
Administration proposed development site map, which was labeled as CC -1001.
MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON -58 -08 -DAA:
The Mayor presented the Evidence List: staff report, sign -up sheets, CC- 1000 (aerial map of the site),
and CC -1001 (site map of the Veteran's Administration development).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. ZON -58 -08 -DAA
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, the evidence list that was presented, and note that
there was no opposition to the application.
Those voting yes: unanimous.
CONCLUSIONS OF LAW ON CASE NO. ZON -58 -08 -DAA
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines of applicable state codes and local ordinances.
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ZON -58 -08 -DAA:
MOVED by Hopper, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ZON -58 -08 -DAA, a request by Eisenberg
Company and LEI Engineers and Surveyors to amend an existing development agreement on property
located at the southwest corner of Smeed Parkway and Highway 20/26 by adding language regarding a
proposed drive approach on the east side of Smeed parkway is approved with the condition as
specified in the staff report.
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 Oates, SECONDED by Blacker to close the public hearing
Those voting yes: unanimous.
MOTION CARRIED
The recording tape was damaged from this point on while transcription was being conducted by the City
Clerk on February 4, 2010. The minutes reflect information and motions taken during the City Council
Meeting.
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER ANN - 177 -09 A REQUEST BY THE
BUREAU OF LAND MANAGEMENT AND CITY OF CALDWELL FOR ANNEXATION OF
29.57 ACRES WITH AN R -S -2 (SEMI -RURAL RESIDENTIAL 2) ZONE CLASSIFICATION
AND A COMPREHENSIVE PLAN MAP DESIGNATION OF RESIDENTIAL ESTATES. THE
SITE IS LOCATED ON THE NORTHEAST CORNER OF ORCHARD AVENUE AND 10'
AVENUE)
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as written.
She presented an aerial map of the site, which the Mayor labeled as CC -1000. She noted that the aerial
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PAGE 15
map was incorrect inasmuch as the southern boundary of the park borders 10"' Avenue and is not
inclusive of the additional parcel across the street. She reported that the park's development will take
place within five phases.
Kelly Knee, 15032 Orchard, spoke as neutral to the request. He questioned the need for a park noting
traffic concerns within the surrounding area He recommended that the site be left in a natural state
with walking paths and possible fitness areas. Mr. Knee reported on the history of the water right
issues on the parcel and questioned how the City planned to resolve this matter.
The Mayor explained the partnership between Bureau of Land Management and the City of Caldwell
to acquire and develop the parcel. He noted that traffic issues will be addressed through the
Engineering Department congruent with the scheduled development phases. Water rights for the
parcel will be addressed with the Bureau of Land Management and other political agencies as needed
to resolve this issue.
MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN- 177 -09:
The Mayor presented the Evidence List: staff report, sign -up sheets, and CC -1000 (aerial map of the
site).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN- 177 -09:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. ANN- 177 -09:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, and the evidence list that was presented.
Those voting yes: unanimous.
CONCLUSIONS OF LAW ON CASE NO. ANN - 177 -09:
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines of applicable state codes and local ordinances.
Those voting yes: unanimous.
ORDER OF DECISION ON CASE NO. ANN- 177 -09:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ANN- 177 -09, a request by the Bureau of Land
Management and the City of Caldwell for annexation of approximately 29.57 acres, with a
Comprehensive Plan Map designation of Residential Estates and a zone classification of R -S -2 Semi -
Rural Residential, located at the northeast comer of Orchard Avenue and 10' Avenue, is approved
with conditions as outlined in the staff report.
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 Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 116 -09 A REQUEST BY THE
PLANNING AND ZONING DEPARTMENT TO AMEND THE CITY OF CALDWELL PARKS
AND RECREATION MASTER PLAN)
Brian Billingsley, 621 Cleveland Blvd, presented the staff report and outlined the information as
written.
EVIDENCE LIST FOR CASE NO. OA- 116 -09:
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PAGE 16
The Mayor presented the Evidence List: staff report, sign -up sheets, and the proposed Master Plan with
accompanying maps.
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. OA- 116 -09
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Those voting yes: unanimous.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. OA- 116 -09:
MOVED by Hopper, SECONDED by Blacker, based on the staff report, comprehensive plan analysis,
and the testimony provided, the Caldwell City Council hereby orders that Case No. OA- 116 -09, a
request by the Planning & Zoning Director to adopt the Parks and Recreation Master plan as
"Appendix E" of the Caldwell Comprehensive Plan, be approved.
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 Oates, SECONDED by Callsen to close the public hearing.
Those voting yes: unanimous
MOTION CARRIED
CONSIDER RESOLUTION NO. 22 -10 AUTHORIZING APPROVAL OF THE CITY OF
CALDWELL PARKS AND RECREATION 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 E" HEREBY KNOWN AS
THE PARKS AND RECREATION MASTER PLAN.
MOVED by Hopper, SECONDED by Oates to approve Resolution No. 22 -10 authorizing approval of
the City of Caldwell Parks and Recreation Master Plan.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 127 -10 A REQUEST BY THE
PLANNING AND ZONING DEPARTMENT TO AMEND CHAPTER 2 OF CITY CODE BY
ADDING A NEW ARTICLE 32 CREATING A PATHWAYS AND BIKE ROUTES
COMMITTEE)
Brian Billingsley, 621 Cleveland Blvd, presented the staff report.
The Mayor reported that Councilman Hopper volunteered to serve as the Council liaison on the
Pathways and Bike Routes Committee.
MOVED by Hopper, SECONDED by Callsen to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 1 [ORDINANCE NO. 28161 REGARDING TEXT AMENDMENTS TO
CHAPTER 2 OF THE CALDWELL CITY CODE REGARDING THE CREATION OF THE
PATHWAYS AND BIKE ROUTES COMMITTEE WITH A REQUEST TO WAIVE THE
RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR
PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2
OF THE CALDWELL CITY CODE BY THE ADDITION OF ARTICLE 32; SETTING FORTH
FINDINGS, PROVIDING FOR THE CREATION OF THE PATHWAYS AND BIKE ROUTES
COMMITTEE; ESTABLISHING MEMBERSHIP APPOINTMENT, TERMS, QUALIFICATIONS,
ORGANIZATION AND MEETINGS; PROVIDING FOR DUTIES AND AUTHORITY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN
CONFLICT HEREWITH.
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PAGE 17
MOVED by Hopper, SECONDED by Callsen 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, and Blacker. Those voting no:
Oates. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 1, move for its passage, and approve
the summary for publication.
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
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $804,933.27 for the pay period ending January 25, 2010 and a net payroll in the amount of
$346,729.63 for the pay period ending January 16, 2010.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $804,933.27
represented by check numbers 65941 through 65151 and the total payroll in the amount of $346,729.63
presented by check numbers 18968 through 19155 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)
Councilman Oates reported that he attended the farewell function for Dennis Cannon.
Councilman Sobba reported that the Senior Citizen Center will be holding a fund raiser breakfast on
February 13, 2010 for the Meals on Wheels program.
(MAYOR'S COMMENTS)
The Mayor reported on the effort of the Association of Idaho Cities for Idaho to be selected as housing
the F -35 at Gowen Field and Mountain Home Air Force Base.
He noted that the YMCA Strong Kids Campaign kicks off on February 9, 2010.
The neat Regular City Council Meeting is scheduled for Tuesday, February 16"'.
The MYAC Fundraiser Dinner will be held on Saturday, February 20"' at The College of Idaho.
Tickets are available through the Mayor's Office.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:19 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 16` DAY OF FEBRUARY
2010.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
Clerk