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HomeMy WebLinkAbout2003-03-17city council minutesREGULAR MEETING MARCH 17, 2003 7:00 P.M. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Pastor Ron Clegg of the Church of God. The Mayor requested 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, and Callsen. Absent: Blacker. SPECIAL PRESENTATIONS. Mayor Nancolas stated that the first item was a humbling item on the Agenda this evening. We hear about heroic actions and things that deserve recognition and particularly on the national level. There were things happening in our community that were every bit as important and heroic. It was a great pleasure this evening for us to be able to recognize a couple of individuals who hare truly made a difference in our community and have literally saved the lives of our own citizens. The first one was a very special recognition. Age doesn't seem to make a difference in heroism. It takes intestinal fortitude, courage, and being willing and able to respond because the situation simply merits it. It was a great honor for us to be able to acknowledge this first individual. First of all, it was unfortunate that this circumstance even happened. On March 9, 2003, at approximately 4:40 p.m., Caldwell Police Officers responded to an incident of a dog bite which occurred in the alley near the 700 block of North Kimball. The eight year old female was riding her bike in the alleyway and was attacked by a large pit bull. The dog had been contained inside a six foot wood fence, but not chained and somehow the dog was able to scale the interior of the fence and attack this defenseless child. The dog bit her several times. The owner of the dog and the little girl's brother were able to pull the dog from her while being attacked. The girl was transported to West Valley for lacerations and unfortunately, lost one of her fingers. The dog has been impounded and we were hoping this would be brought to justice. In this case, we have a special award to be presented to Brandon Darlington. Mayor Nancolas asked that Brandon to come forward so a special award could be given him. The Mayor noted that Brandon was nine years old and didn't hesitate when it came time to help his sister. He responded and acted and because of his bravery it was quite possible that he saved his sister's life. The special presentation stated, "For Bravery and Courage, March 9, 2003, by saving your sister, you are an example for our entire community. Thank you on behalf of the City of Caldwell." The Mayor further congratulated Brandon and stated that he was their hero. Mayor Nancolas stated that the next recognition was a similar circumstance. There was a car southbound on Kit approaching Laurel at a high rate of speed. As the car approached the intersection and attempted to go east on Laurel from Kit, the vehicle skidded approximately sixty - seven feet before going air borne and striking an embankment on the other side of a small ditch. The vehicle first struck a street sign after leaving the roadway. There was a witness to this accident, Shane Hancock, who was fueling his big rig down the street. Mr. Hancock noted that the vehicle was traveling approximately 40 to 45 miles an hour when it passed him. He heard the sound of the screeching tires and then heard the crash. Mr. Hancock jumped into his vehicle and went to the crash site and assisted the victim and remained at the scene until the Police and Fire Departments arrived. Because of Mr. Hancock's bravery, courage, and not hesitating when it came to responding to the health and safety of another individual, we are happy to say that the passenger was removed from the car and her life was saved. The Mayor stated that this was a great example of bravery. Without Mr. Hancock being there, he could not imagine what could have happened. It was a pleasure to present The City of Caldwell Good Samaritan Award to Mr. Shane Hancock for his bravery in responding to the accident on February 19, 2003. ADDITIONS OR DELETIONS TO THE AGENDA. There were no additions to the prepared Agenda. It was MOVED by Dakan, SECONDED by Callsen to accept the Agenda as printed. Roll call vote. Those voting yes: Dakan, Wells, Callsen, Hopper, and Ozuna. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED AUDIENCE PARTICIPATION. No one from the audience cared to address the City Council at this time. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for consideration by the Members of the City Council: 1. Dispense with the reading of the minutes of the March 3, 2003 Regular City Council Meeting and approve as written; 2. Approve the acceptance of the minutes from the Caldwell Public Library Board Meeting of February 6, 2003; 3. Approve the following Resolution authorizing execution of a Grant Agreement called "Non - Primary Entitlement Funds pertaining to the Caldwell Airport: RESOLUTION NO. 23 -03 OF THE CITY OF CALDWELL, IDAHO ACCEPTING THE GRANT OFFER OF THE STATE OF IDAHO THROUGH THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF AERONAUTICS, IN THE MAXIMUM AMOUNT OF $8333.00 TO BE USED UNDER THE IDAHO AIRPORT AID PROGRAM PROJECT NO. 3 -16- 0045 -NPE2 OR F028240 IN THE DEVELOPMENT OF THE CALDWELL INDUSTRIAL FIELD AIRPORT; AND BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho (herein referred to as the "City ") as follows: Sec 1. That the City shall accept the Grant Offer of the State of Idaho in the amount of $8333.00, for the purpose of obtaining State Aid under Project No. 3 -16- 0045 -NPE2, in the development of the Caldwell Industrial Airport; and Sec 2. That the Mayor of the City is hereby authorized and directed to sign the statement of Acceptance of said Grant Offer (entitled Part II —Acceptance) on behalf of the City. The City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the CITY on the aforesaid statement of acceptance; and Sec 3. A true copy of the Grant Offer referred to herein be attached hereto and made a part thereof. 4. Approve request to submit Brownsfield's application through DEQ regarding property located next to the Caldwell Police Station. MOVED by Ozuna, SECONDED by Callsen to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED OLD BUSINESS (CONSIDER THE CITY OF CALDWELL'S CELLULAR PHONE POLICY) Mayor Nancolas noted that this item was on the Agenda at the last Regular Council Meeting. There was a question with regard to the Policy which has now been clarified. The Cellular Phone Policy was as follows: 1. Personal Cellular Phones While at work employees are expected to exercise the same discretion in using personal cellular phones as is expected and outlined in the City's policy for the use of company phones (Section III — G). Employees are encouraged to make personal calls on non -work time when possible and inform friends and family of the City's policy. The City will not be liable for the loss or damage of personal cellular phones that are brought into the workplace. 2. Business Use of City Provided Cellular Phones Where job needs demand immediate access to an employee, the City may authorize the issue of a business cellular phone. The purpose of a City provided cellular phone is specifically for City related business (City Policy Section III — G). Should an employee need to use his /her cellular phone for personal business, a cellular phone agreement can be entered into between the City and the employee. Employees in possession of City authorized cellular phones are expected to protect the phone from loss, damage or theft. Upon separation from the City, or at any time upon request, the employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested may be expected to bear the cost of a replacement. 3. Safety Issues for Cellular Phone Use Employees whose job responsibilities include regular or occasional driving and who utilize a personal or business cellular phone are expected to refrain from using their phone while driving. The safety of employees as well as the public must be a first priority. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to the side of the road when appropriate and safely stop the vehicle before placing or accepting a call. Special care should be taken where there is heavy traffic, highway and interstate traffic, adverse weather, or driving in unfamiliar areas. If acceptance of a call is unavoidable and putting over is not an option, employees are expected to keep the call brief and keep their attention on the road. Use of hands free equipment may be available and authorized for selected personnel. Employees who are charged with traffic violations resulting from the use of their cellular phone while driving will be solely responsible for all liabilities that result from such actions. Violations of this policy will be subject to disciplinary action, including termination. MOVED by Hopper, SECONDED by Wells too approve the Cellular Phone Policy as presented. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 40 -1402 REGARDING A PROPOSED EXCHANGE OF CITY OWNED REAL PROPERTY FOR PRIVATE PROPERTY OWNED BY P. R. MAC (JIM McGARVIN) Mayor Nancolas noted that there was some legal descriptions that needed to be included with this item so action would not be considered at this time. The City Engineer, Mr. Law, advised the Mayor that this matter could be scheduled four weeks from now which he believed would be sufficient. This date would be April 21", 2003. The Mayor then declared the Public Hearing open and ask for a motion from the City Council to continue this Public Hearing to April 21, 2003 during the Regular City Council Meeting. MOVED by Wells, SECONDED by Callsen that this Public Hearing be continued until the Regular City Council Meeting on the 21" of April, 2003. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (CONSIDER BILL NO. 9 AUTHORIZING AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF CALDWELL AND P.R. MAC (JIM McGARVIN) Since this item was a companion document associated with the Public Hearing, it would also be heard on April 21, 2003. (PUBLIC HEARING REGARDING A REQUEST FOR FINAL SUBDIVISION PLAT FOR VIRGINIA PARK (SUB- 78F -02) The Mayor stated that the next matter to come before the City Council was a Public Hearing on a request for final subdivision plat for Virginia Park #2. He requested that the Community Development Director address this item. Before continuing, the Mayor requested that the City Clerk swear Mr. Hasson in, who was the only person to speak to this issue, before making his presentation. The Mayor then opened the Public Hearing. Steven Hasson, the Community Development Director, 621 Cleveland Blvd., informed Council that this was in the matter of the application of Heartland Development LLC for final plat approval of Virginia Park #2. This request was to develop seventeen residential lots and one common lot area on approximately 2.75 acres of land zoned R -2, which was our Medium Combined Density Residential Zone. If you recall, the Preliminary Plat was before Council in January of this year. It was his understanding that they have done all of the things necessary to get them to the stage for final plat approval. The Assistant City Engineer has noted that the bonding was not required on this item and if there was any questions, he would be glad to answer them. MOVED by Hopper, SECONDED by Ozuna to close the public testimony portion of this Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED FINDINGS OF FACT: MOVED by Hopper, SECONDED by Dakan to accept the general facts as outlined in the Staff Report; public testimony that was given this evening; the fact that there was no opposition to the Hearing held this evening. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED MOVED by Ozuna, SECONDED by Hopper that the Caldwell City Council has the authority to hear requests on final plats and to make the decision to approve or deny; the Public Hearing was noticed and heard within the guidelines of applicable State Codes and local Ordinances. Roll call vote. Those voting yes: Ozuna, Dakan, Wells, Callsen, and Hopper. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED ORDER OF DECISION: MOVED by Callsen, SECONDED by Hopper that based upon the Findings of Fact and Conclusions of Law, the Caldwell City Council orders that Case No. SUB- 78F -02, a request by Heartland Development, LLC for final subdivision plat approval of Virginia Park Subdivision #2 to develop 17 residential lots and 1 common area lot on approximately 2.75 acres in an R -2 zone is approved. Roll call vote. Those voting yes: Callsen, Hopper, Ozuna, Dakan, and Wells. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the Public Hearing. Roll call vote. Those voting yes: Hopper, Ozuna, Dakan, Wells, and Callsen. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED (DECISION REGARDING PUBLIC TRANSPORTATION FUNDING FOR VALLEYRIDE) The Mayor explained that this funding was a match for both the Commuter Bus and also for Treasure Valley Transit The written request from Treasure Valley Transit was included in Council's packet. The verbal request and a request from the Commuter Bus was made in a workshop format before the last City Council Meeting. The request from them for the interim financing was $7,000. He asked the Finance Director, E1Jay Waite, where that money would come from as it would require action from this Body to release that money from Contingency Funds. Those monies were available and would be able to be used as matching funds to allow Treasure Valley Transit and Commuter's Bus to continue operating for an interim period of time. Based upon success with private industry and other agencies, they may or may not need additional requests. This was the necessary funding to keep them going for the next six months. Kelly, Executive Director from ValleyRide, was here as well as representatives from Treasure Valley Transit and Commuter Bus if Council has any questions. This matter was discussed at some length by the Council Members. The Mayor informed Council that the reason they picked the $42,000 was a combination of monies from the Street or Road Funds that would be used and also a combination of some monies from the General Fund. The recommendation for this amount of money came from both the City Engineer and the Finance Director. The money from Commuter Bus was simply a result of the changing of Caldwell from its past status to the current status of being a part of a urbanized area which changed the funding mechanism. In addition, the Mayor stated that the franchise fee from the cable company was coming in slightly lower. The rest of the story was that the franchise fees from power and others were coming in higher. The City was in good financial condition. Mayor Nancolas further informed Council that the reason he was supporting this was that several years ago Canyon and Ada Counties overwhelmingly approved the formation of public transportation. They recognized that it would take a couple of years to get all of it put together and try to organize and coordinate. He believed it should be given a chance to succeed. If we eliminate service now before we have really had a chance to coordinate and combine routes and give people a chance to ride across the valley, we would greatly dampen the prospects of public transportation. Councilman Hopper stated that he was a member of the ValleyRide Board and did understand what needed to be done to make public transportation healthy in this Valley. We understand that the funding mechanism has to change somewhere down the line. If ValleyRide continues to be dependent upon the individual municipalities for funding year to year, there will likely be situations where particular municipalities may have issues and not be able to come up with the funding to keep all of the systems afloat. We are working very hard to find a funding mechanism that would be more stable and equitable across all customers in the Valley. He did not think they would continue coming to the municipalities year by year. We have a situation now where we have some services that have started and we can either let them die and try to start all over again or we can try to build from where we are. He believed it was an investment in the future to try to build from where they are at this time. After further discussion, it was MOVED by Wells, SECONDED by Hopper to authorize the expenditure of $20,335 to match Treasure Valley Transit request and Commuter Bus request to be taken from Contingency Fund and transferred to ValleyRide. Roll call vote. Those voting yes: Wells, Callsen, Hopper, Ozuna, and Dakan. Those voting no: none. Absent and not voting: Blacker. MOTION CARRIED FINANCIAL REPORT) 7 * .......... 41" rt