HomeMy WebLinkAbout2010-03-01city council minutesBOOK 51
SPECIAL MEETING
Executive Session
MARCH 1, 2010
6:00 P.M.
PAGE 27
EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1(F)
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND SUBSECTION 1(C) TO
DISCUSS LABOR NEGOTIATIONS AND ACQUISITION OF REAL PROPERTY.
The Roll of the City Council was called by the Council President with the following members present:
Blacker, Oates, Hopper, Callsen, Dakan (via phone), and Sobba. The Mayor entered the Executive Session
after the roll was called.
MOVED by Oates, SECONDED by Hopper to convene into Executive Session pursuant to Idaho Code,
Section 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation and Subsection 1(c) to
discuss labor negotiations at 6:07 p.m.
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
The Executive Session was closed at 7:02 p.m.
MARCH 1, 2010
7:05 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(c) for the purpose of discussing pending labor negotiations and Subsection 1(f) for the
purpose of discussing pending litigation. He noted that no action was taken or decisions made.
The Mayor asked that everyone stand for the invocation lead by Pastor Geoff Williams of the Montana
Avenue Baptist 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 (via phone) and Sobba. Those absent: none.
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Snake River Scenic Bvwav Grant:
Brian Billingsley gave a brief presentation concerning the Snake River Scenic Byway Grant
Opportunity. He noted that the Byway is 53 miles long and runs from Nyssa, Oregon to Walter's
Ferry, Idaho. Caldwell is designated as a Gateway City to the Byway and such a designation brings
with it the possibility of attracting visitors who would use Caldwell's restaurants, hotels, and gas
stations. Mr. Billingsley stated that he was recently elected as chairperson of the Byway Corporation.
A grant opportunity from Idaho Transportation Department (ITD) for a kiosk concerning the Byway is
available. There is approximately $50,000 available for the next two years for this project with 80%
coming from ITD and the remaining 20% coming from local sources. The estimated construction cost
of the kiosk is $30,000. The six display boards within the kiosk could be leased for advertisements at a
rate of $1,000 each, which would cover the cost of the local match. The Wine Commission has agreed
to purchase one display board and the other areas could also be sold. He recommended that a design
committee be put in place, which would review the appearance of the kiosk and the accuracy of the
display boards. The proposed location of the kiosk is at the intersection of Blaine and Kimball. He
noted that a determination is needed within three weeks to apply for the grant.
The Mayor requested that Mr. Billingsley provide additional information concerning the City's
financial obligation for this project at the next Regular City Council Meeting to be held on March 15,
2010 where Council can determine to proceed forward or deny the request
Park Naming Contest:
Mr. Billingsley gave a progress report on the naming contest for the proposed park site near Lake
Lowell. The contest deadline date has been extended for three weeks due to the minimal response.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to amend the agenda by removing Item #5 under the
Consent Calendar.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 51
AUDIENCE PARTICIPATION
PAGE 28
Oscar, a student in attendance from Caldwell High School, asked for details concerning the naming
contest for the proposed park site near Lake Lowell. The Mayor explained that the contest was made
available to 5"' and 6"' grade students from Vallivue schools since the park's location is within the
Vallivue School District. He noted that a few years ago Serenity Park was named by the 5"' and 6"'
graders from the Caldwell School District. The student with the winning essay will be awarded a gift
certificate and given the privilege of participating in the naming ceremony at the new park.
The Mayor acknowledged Mrs. Jackson, U.S. Government teacher from Caldwell High School. She
asked that the students stand and introduce themselves.
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 and Regular City Council Meetings held on
February 16, 2010; the Caldwell Golf Board Meeting held on January 10, 2010; the Caldwell
Industrial Airport Commission Meeting held on February 4, 2010; and the Caldwell Senior Center
Board Meeting held on February 8, 2010;
2. Approve Order of Decision for Case No. SUB- 164(E) -06 (Sky Ranch Business Center #2 time
extension);
3. Approve Order of Decision for Case No. SUP - 329 -09 (Oasis Assisted Living special use permit);
4. Approve Order of Decision for Case No. DAN - 178 -10 (Dillon Caldwell de- annexation);
5. Approve Resolution accepting the dedication of sewer, water, and storm drain improvements from S
& H Homes for Cirrus Pointe Subdivision No. 1 and Cirrus Pointe Off -site; [Removed]
6. Approve Resolution No. 26 -10 accepting the Homelessness Prevention and Rapid Re- Housing
Program Grant Agreement and receive grant funding in the amount of $72,981;
7. Approve Resolution No. 27 -10 designating SICHA to act as the grant administrator for the Rapid
Re- Housing Program Grant;
8. Approve Resolution No. 28 -10 authorizing the execution of a lease with Gary D. Lasher and the
City of Caldwell (C.A.T.C.H.) for office space located at 6121 Cleveland Blvd., Suite 102 paid
through C. A. T. C. H. funds;
9. Approve Resolution No. 29 -10 authorizing the execution of the Deferral Agreement with Samuel
Banda for the purpose of temporarily deferring public improvement construction at 182 Beech
Street;
10. Approve Resolution No. 30 -10 authorizing the execution of a Local Professional Services
Agreement with JUB Engineers for testing and inspection services for the IC29 Stage II (Phase III)
Franklin Road Realignment and Stage III (Phase IV) Commercial Way Realignment projects;
11. Approve Resolution No. 31 -10 authorizing the execution of the Idaho Transportation Department
Division of Aeronautics Grant Agreement (IAAP Program Number FAAA8EUL) in the amount of
$19,657;
12. Approve Resolution No. 32 -10 adopting the Emergency Sewer Blockage Clean -up Policy;
13. Approve Resolution No. 33 -10 adopting the Caldwell Utility Billing Policy;
14. Approve request by the City Clerk to declare office furniture and computer items located at 411
Blaine Street as surplus property for the purpose of donations being made to non - profit
organizations.
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. [CONTINUED FROM 2- 16 -10])
The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those who would
be giving public testimony.
Annie Marie Skinner, 621 Cleveland Blvd., acknowledged being swom in and presented the staff
report. She noted that the subject property is partially developed as residential dwellings and zoned R-
1 (Low Density Residential). The development is surrounded by County and agricultural use. There
are no outstanding code enforcement cases against the property dealing with weed issues. She
presented an aerial map ofthe site, which the Mayor labeled as CC -1000.
Mark Hilty, 1303 12 Avenue Road, Nampa, acknowledged being sworn in. He noted that the City is
currently engaged in litigation with the developers of the Cirrus Point Subdivision. He presented
information concerning meetings that have been conducted with the applicant's legal counsel
concerning the time extension and the request for dedication of facilities. The applicant recently
withdrew their request for dedication of facilities. He has received a request from the applicant's legal
BOOK 51
PAGE 29
counsel for mediation pursuant to the local Land -use Planning Act. He noted that staff is in support of
approving the plat extension.
Councilman Hopper expressed his concern with the ongoing lawsuit and asked if such information
could be discussed within an executive session.
Mr. Hilty agreed that an executive session could be declared; noting that there could be no discussion
or action taken concerning the plat extension within the session. He recommended that Council
continue to hear the remaining testimony before declaring an executive session.
Jim Conger, 1627 South Orchard Street, Boise, acknowledged being sworn in and spoke in support of
the request for the time extension. He noted that infrastructure for Phase II of the project has been
significantly completed. He presented a packet of pictures of Phase II indicating the completed
portions ofthe project, which the Mayor labeled as CC- 1001.
MOVED by Blacker, SECONDED by Hopper to convene into Executive Session pursuant to Idaho
Code, Section 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation at 7:40 p.m.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Oates to reconvene into the Regular Session at 7:53p.m
Those voting yes: unanimous.
MOTION CARRIED
The Mayor reported that pursuant to Idaho Code, Section 67 -2345 1(f), an Executives Session was
held and no decisions were made or action taken and noted that the only discussion held was regarding
the particular topic.
Councilman Hopper reported that the staff report indicates that dedication requests have been received
by the applicant; however, the dedication requests for facilities have subsequently been withdrawn.
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. SUB- 122(E) -05:
The Mayor presented the Evidence List: staff report, sign -up sheets, preliminary plat, CC -1000 (aerial
map of the site as presented by Anne Marie Skinner), and CC -1001 (packet of pictures of the site
presented by Jim Conger).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. SUB- 122(E) -05
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates 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 request.
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
CONCLUSIONS OF LAW ON CASE NO. SUB - 122- (E) -05:
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.
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
ORDER OF DECISION ON CASE NO. SUB - 122- (E) -05:
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. SUB- 122(E) -05, a request by Cirrus Pointe
LLC, Combs Land Development Inc and Conger Management Group for a time extension for
preliminary plat approval of Cirrus Pointe Subdivision is approved with the conditions as specified
within 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
BOOK 51 PAGE 30
MOVED by Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONTINUED PUBLIC HEARING (LEGISLATIVE): CASE NUMBER OA- 124 -09 A
REQUEST BY THE PLANNING AND ZONING DEPARTMENT, POLICE DEPARTMENT,
FIRE DEPARTMENT, STREETS DEPARTMENT, ENGINEERING DEPARTMENT, PARKS
AND RECREATION AND THE CITY CLERK FOR AN ADDITION TO CALDWELL CITY
CODE TO ADD SECTION 10 -02 -13 CONCERNING A SPECIAL EVENTS PERMITTING
PROCESS.)
The Mayor noted that this item was previously discussed in a workshop and brought before Council in
a public hearing. Council directed staff to make some changes to this particular document, which the
alternations have now been made and the ordinance is ready for review.
Anne Marie Skinner, 621 Cleveland Blvd. presented the staff report and outlined the various changes
as recommended by Council. The threshold number of 250 has been established for an applicant to
proceed with the special events permitting process. She noted that this number does not apply to
events that require the closure of any portion of public right -of -ways.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 4 (ORDINANCE NO. 2819) [SPECIAL EVENT PERMITTING
PROCESS] 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 AMENDING CHAPTER 10, ARTICLE 2, SECTION 13 OF THE CALDWELL
CITY CODE WHICH IS THE TEMPORARY USE /TRANSIENT MERCHANT /SPECIAL EVENT
PERMIT ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
4 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. 4, 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
(CONTINUED PUBLIC HEARING (LEGISLATIVE): CASE NUMBER OA- 125 -09 A
REQUEST BY CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND THE
CITY OF CALDWELL SIGN ORDINANCE, SECTION 10- 02 -06, THE CITY OF
CALDWELL DAYCARE ORDINANCE, SECTION 10 -02 -10 AND THE CITY OF
CALDWELL LANDSCAPE ORDINANCE, CHAPTER 10 ARTICLE 7)
The Mayor declared the public hearing continued and opened.
Anne Marie Skinner, 621 Cleveland Blvd. presented the staff report and outlined the proposed changes
to City Code regarding the sign ordinance, daycare ordinance, and the landscape ordinance.
In response to questions from Councilman Hopper, Ms. Skinner explained the process of daycare
licensing with the State of Idaho and the required inspections by the Southwest District Health
Department (SWDH). SWDH inspections are required for daycares operating with the assistance of
ICCP funding. She noted that 100% of the daycare centers located within the City of Caldwell receive
ICCP funding. She indicated with the City of Caldwell's health/safety inspection is more stringent
than the Southwest District Health inspection.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 51 PAGE 31
(CONSIDER BILL NO. 5 [ORDINANCE NO. 28201 [SIGN, DAYCARE, LANDSCAPING
ORDINANCE AMENDMENTS] 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 AMENDING CHAPTER 10 OF THE CALDWELL CITY CODE WHICH IS THE
ZONING ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No.
5 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. 5, 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
Steven, a student in attendance from Ms. Jackson's government class, asked the following question
Question #1: What are the salaries of the Council Members and the Mayor?
Response #1: Council Blacker indicated that Council Members are paid $750 per month, which
includes health insurance benefits. The Mayor noted that the Council and the Mayor's salaries are set
by ordinance and can only be changed in an election year. For the past two election cycles, City
Council has decided not to take any increases in salary for the Mayor or Council positions; therefore it
will now be four years that this body has gone without raises. The Mayor's salary is approximately
$69,000 and the position is a full -time responsibility.
Councilman Callsen interjected that Mayor Nancolas works approximately 60 hours per week and
attends meetings throughout the State of Idaho and the nation. He is a very busy individual who deeply
cares for this community.
Question #2: Ms. Jackson asked for clarification for the students concerning Councilman Oates'
process of voting no on the procedural motion for an ordinance and voting yes on the adoption of the
ordinance.
Response #2: Councilman Oates explained his viewpoint concerning his opposition to waiving the
three reading process for ordinances (procedural motion) versus being in favor with the content of the
ordinance, thus supporting the motion to adopt the document.
NEW BUSINESS:
(CONSIDER RESOLUTION NO. 34 -10 REJECTING ALL BIDS FOR CONSTRUCTION OF
A NEW RESTROOM BUILDING AT THE PIPE DREAM PARK CENTER QUAD)
Mark Hilty, 1303 12"' Avenue, Nampa explained the history of the bids which were received for
construction of the new restroom facility located at the Pipe Dream Park Center Quad. He noted that
the budget for this project amounted to $100,000. There was only one bid received under the amount
of $100,000; however, the bid was non - responsive. Several bids were non - responsive inasmuch as
they did not comply with the State of Idaho Naming Statute, which requires that all bids for public
projects include the names, addresses, and license number of the subcontractors. Mr. Hilty noted that
the bid document did not prompt the bidder to provide the subcontractor information for the HVAC
portion; however, the statute does not require that the document contain such promptings.
The request is to reject all of the formal bids. Because the project is between the $25,000 and
$100,000 threshold, there is an opportunity to provide a direct solicitation of bids rather than follow the
sealed bid process. The Engineering Department already has received some bids through the direct
solicitation process, which appear to comply with the statute and are within budget.
In response to questions from Councilman Hopper, Mr. Hilty reported that the contract has not been
letter awarded and no commitments have been made.
MOVED by Hopper, SECONDED by Blacker to adopt Resolution No. 34 -10 rejecting all bids for the
construction of a new restroom building at the Pipe Dream Park Center Quad.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 51 PAGE 32
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,639,679.78 for the pay period ending February 24, 2010 and a net payroll in the amount
of $255,973.43 for the pay period ending February 13, 2010.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,639,679.78
represented by check numbers 66663 through 67065 and the total payroll in the amount of $255,973.43
presented by check numbers 19204 through 19251 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 Hopper reported on the recent events within the community which have been very
successful such as the Caldwell schools band dinner, the Caldwell school poker fund raiser, and the
Mayor's Youth Advisory fundraiser dinner. He expressed his appreciation to the community for their
support of these important organizations.
Councilman Oates stated his agreement with Councilman Hopper's comments. He expressed his
appreciation to the City for loaning the P.A. system to the Caldwell Schools for the band fundraiser
dinner. He reported that the Caldwell High School musical was very well presented and attended.
(MAYOR'S COMMENTS)
The Mayor gave an update report on the activity of the Idaho legislature and the congressional
delegation.
He noted his attendance at the band fundraiser and the Boy Scouts' pinewood derby competition at the
Elks Club. He expressed appreciation to Mr. & Mrs. Tucker for their outstanding leadership with the
Boy Scouts ofthis community.
On Tuesday, February 23` the Mayor accompanied twenty -two (22) MYAC students to the Boise
legislature. The students had the opportunity to meet with the legislative delegation and attend a
Senate Transportation Hearing.
The MYAC fundraiser event was very well supported by the community and financially successful.
The TVCC "Topping Off' Ceremony was recently held. Tours will be held in the near future
concerning the building's progress.
The Exchange Club held their annual meeting to recognize the Police Officer and Fire Fighter of the
Year on February 26"'. It was a wonderful event to observe the appreciation for our safety services
program by this organization.
The Mayor reported that he and Councilman Oates will be attending the National League of Cities
Conference in Washington, D.C. with the Mayor's Youth Advisory Council from March 12"' to March
17''. He indicated that all expenses for the trip will be paid through non -city sources.
Councilman Blacker will be conducting the March 15"' Regular City Council Meeting
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:41 p.m
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 15` DAY OF MARCH — 2010.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
BOOK 51
ATTEST:
City Clerk
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