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HomeMy WebLinkAbout2009-04-20city council minutesBOOK 50 REGULAR MEETING APRIL 6, 2009 7:00 P.M. PAGE 46 The Mayor reported that two public workshops were conducted at 6:00 p.m. and 6:30 p.m. for the purpose of discussing health benefit providers for the City of Caldwell employees and the proposed access ordinance regarding access to state administered highways within the City of Caldwell. Both workshops were properly noticed and no decisions were made, but discussion was conducted that will ultimately assist Council with possible future determinations. The Mayor asked that everyone stand for the invocation given by Pastor Paul Woods of the Seventh Day Church of God. The Pledge of Allegiance to the Flag was lead by Luke Sypherd of Boy Scout Troop #299. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. SPECIAL PRESENTATIONS Laine Ritthaler, Luke Sypherd, and Michael Ramirez, members from the Mayor's Youth Advisory Council (MYAC), presented information concerning their recent trip with the Mayor to the National Congress of Cities Conference. They reported that the Caldwell MYAC members developed a White Paper regarding the National Debt. Luke Sypherd read the document into the record. Ms. Ritthaler noted that the White Paper and signature petitions from students around Idaho were presented to Senator Crapo. In turn, Senator Crapo later addressed members of congress in support of the document. The Mayor introduced Dave Wilson, 2802 College Avenue, ofthe Caldwell Model Railroad Club. Mr. Wilson reported that the club is currently meeting in the upstairs of the Caldwell Eagles Building but they have outgrown the facility. Their current membership is approximately 25 persons. He reported that they desire to create an animated museum that would explain the history of the Oregon Shortline Railroad Idaho Division route. He noted their desire to partner with the City or the Caldwell School District to relocate their club within an available public facility. The Mayor expressed his appreciation to the Caldwell Model Railroad Club for their extensive work and donations regarding the historical model train display at the Caldwell Train Depot Interpretive Center. The Mayor introduced Derrick Boles, 6493 E. Shelbrook, Nampa, and President of Leadership 1". Mr. Boles stated that their goal is to develop character and life skills in youth through athletics and leadership training. He noted that their vision is to partner with the Idaho Youth Games by offering basketball to this existing program. They desire to bring a three -on -three basketball tournament into the Idaho Youth Games as a strategic partner with the City of Caldwell. Phase II of their strategy is to implement a local competition involving entertainment to once again give an opportunity for youth to succeed as adults through teamwork, failure, success, and problem solving. Leadership 1" also offers drug prevention programs inside the schools for student athletes. The Mayor encouraged Mr. Boles to present their strategic plan to the Idaho Youth Games leadership board. The Mayor introduced Mark Davis, 2207 Blaine Street, Caldwell Event Center Manager. Mr. Davis presented information concerning a change of use of the Simplot Stadium from an existing baseball field to a soccer /football field. He reported that due to the completion of the Griffiths Baseball Field, he has received phone calls from interested parties in conducting football and /or soccer games in the stadium. He noted that a representative from the Rocky Mountain Football League contacted him about their local team, the Treasure Valley Spartans, which is possibly desirous in using the stadium facility. The league has two divisions and each division would play four games at the Simplot Stadium in the moming/aftemoon hours on Saturdays. Their average attendance has been between 300 -500 spectators. This league would bring in their own portable goal posts and set up the field accordingly. A facility fee would be negotiated to include practices and games and they would waive the right to concession sales. Mr. Davis continued by stating that Mr. Stone from the Caldwell High School is looking at the facility to host the Drum and Bugle Corp. competition with a possible attendance of 1,500. Mr. Davis also reported that the third avenue he is pursuing is with Carl Christiansen and the little league football program as well as the College of Idaho soccer team. The little league season starts in September and runs for six weeks with Saturday games. The athletic director at the College of Idaho informed Mr. Davis that they are lacking practice fields for both the men and women teams. Mr. Davis stated that the field's lighting ballasts must eventually be replaced at the stadium with an estimated cost of $15,000 to $20,000 to repair. The lighting is adequate for current public events but does not qualify for hosting the American Legion Baseball State Tournaments. Councilman Hopper encouraged Mr. Davis to continue his efforts in researching other entertainment and athletic options for the stadium facility in determining how we can best utilize the field thus making it an asset to the community. The Mayor reported that he had previously spoken with Mark Davis and expressed his concern with the College of Idaho and the Caldwell Streaks Team. The goal of the American Legion Streaks Baseball Team has been to accommodate tournaments, which would require three fields. The high BOOK 50 PAGE 47 school and Griffith Park are available for this type of competition yet the City would also need to provide another facility. In response to questions from Councilman Blacker, Mr. Davis stated that he has done research concerning the Spartan Team and its track record at other facilities. Councilman Blacker suggested that consideration be given to the practice field behind the Caldwell High School as a possible third field option. Tracy Casper, 3041 South Whitepost Way, Eagle, representing the Snake River Valley Building Contractors Association, reported that they have instigated a timely campaign relative to the economic downturn and the housing industry. She presented information and media video clips concerning the "Homes Need People Tod" campaign. The Caldwell Realtors Board has donated $1,000 in support of this campaign. Additional funds are being sought to help sponsor this effort. She noted that the public may learn more by logging on to www.HomesNeedPeonleToo.com ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda under the Consent Calendar, Item #10 to read: "Approve Resolution of Intention for the formation of Local Improvement District (LLD.) No. 09 -2 and set the public hearing date for May 4, 2009; "and under New Business, add Item #3(B), an Executive Session pursuant to Idaho Code 67 -2345, subsection (f) for the purpose of discussing pending litigation. 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) Meetings held on March 30, 2009 and April 6, 2009; the Regular City Council Meeting held on April 6, 2009; the Caldwell Industrial Airport Commission Meeting held on April 9, 2009; the Library Board Meeting held on February 5, 2009; the Caldwell Friends of the Depot Meetings held on February 19, 2009 and March 19, 2009; and the Caldwell City Traffic Commission Meeting held on April 6, 2009; 2. Approve Order of Decision for Case No. APP -01 -09 (Galaway Appeal); 3. Approve Order of Decision for Case No. SUB- 160P(E) -06 (Sierra Ridge time extension); 4. Approve Resolution No. 61 -09 authorizing the execution of a Memorandum of Agreement with Madeline Buckendorf Consulting, LLC to conduct a reconnaissance survey for residences in Caldwell constructed by Dave Dorsey Construction Company; 5. Approve Resolution No. 60 -09 authorizing the execution of a Real Estate Lease Agreement with Hibbard Construction for four (4) parking lot spaces adjacent to the building located at 716 E. Cleveland Boulevard; 6. Approve Resolution No. 62 -09 authorizing the approval of a 120 -day extension of the Independent Contractor Agreement with Chris Yamamoto for the position of Lead Project Manager for Catalyst Project; 7. Approve Resolution No. 63 -09 accepting the Grant Deed from Bettie B. Pilote for property at 611 Blaine Street; 8. Approve Resolution No. 64 -09 accepting the dedication of sewer, water, storm drain, and street light facilities from Van Engelen Development, Inc. for Pheasant Run Subdivision, Phase 3; 9. Approve Resolution No. 65 -09 accepting the dedication of sewer, water, storm drain, and street light facilities from Van Engelen Development, Inc. for Pheasant Run Subdivision, Phase 4; 10. Approve Resolution of Intention No. 59 -09for the formation of Local Improvement District (LLD.) No. 09 -2 and set the public hearing date for May 4, 2009; [amended] 11. Approve Resolution No. 66 -09 adopting the City of Caldwell Non - Discrimination Policy Statement and Discrimination Complaint Procedure regarding the Title VI Program; 12. Approve revised grant submittals by the Caldwell Police Department for the Edward Bryne Memorial Justice Assistance Grant in the amount of $179,656; 13. Approve request for a Taxi Cab Driver License for Christopher L. Capp from Canyon County Cab; 14. Approve request for a Taxi Cab Driver License for Michelle Ann Holverson from Canyon County Cab; 15. Approve Resolution No. 67 -09 requesting a waiver of plan review, engineering review, and building permit fees for the renovation of the Caldwell Public Library mechanical system; 16. Approve request to authorize the disposition of excess City -owned equipment from the Street Department; 17. Approve the appointment of Steve Maughan to the Core Area Steering Committee for a one -year term to expire December 31, 2009. MOVED by Oates, SECONDED by Blacker to accept the Consent Calendar as amended. Those voting yes: unanimous. MOTION CARRIED BOOK 50 OLD BUSINESS: PAGE 48 (CONSIDER RESOLUTION NO. 68 -09 AUTHORIZING THE APPROVAL OF THE CHARITABLE ASSISTANCE TO COMMUNITY'S HOMELESS [C.A.T.C.H.] PROGRAM) Greg Morris, 1415 West Chester Drive, Boise presented avideo concerning the C.A.T.C.H. program. The Mayor explained that when this program was first presented to the Council in the form of a workshop, it was not clear how the City of Caldwell could assist with its implementation in City and the Canyon County area Upon review of the program's needs with the Financial Director, E1Jay Waite, it was determined that the City of Caldwell would be able to contribute in -kind administration assistance with the understanding that the Idaho Department of Health & Welfare would handle the case management process. Maggie Colwell, 4220 Lincoln Road, asked if Mr. Morris could give specifics of the grant which has been awarded for the implementation of this program within Canyon County. Mr. Morris explained that there are two budgets within the program: 1) The administrative budget hires the case manager and oversees the program's operation. The Department of Health & Welfare is providing an in -kind donation of office space. 2) The community portion will be funded by donations from local congregations and businesses for family rental assistance. He noted that the grant is part of the Federal Stimulus Homeless Prevention and Homeless Rapid Rehousing Division. The State of Idaho has been awarded nearly five million dollars specifically earmarked for these two purposes. Canyon County will receive approximately $650,000 of the award. Since C.A.T.C.H. addresses these issues, funds will be appropriated accordingly. He noted that SICHA will be the direct primary agent in partnership with the C.A.T.C.H. program for administration purposes. These federal funds will enable the program to assist ten families at one time with rental assistance, hire a case manager, and request possible additional assistance from United Way. The Mayor read the Resolution by title only: RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO SUPPORT THE CHARITABLE ASSISTANCE TO COMMUNITY'S HOMELESS (C.A.T.C.H.) PROGRAM AND PROVIDE ADMINISTRATION OF FINANCES FOR SUCH PROGRAM FOR THE PURPOSE OF ADDRESSING FAMILY HOMELESSNESS IN CANYON COUNTY. MOVED by Hopper, SECONDED by Blacker to approve Resolution No. 68 -09 Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 48 [ORDINANCE 27681 FOR CASE NO. OA- 107 -08 [SUBDIVISION ORDINANCE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor reported that the public hearings for this ordinance were previously held. Corrections and amendments were made to the ordinance based on comments received at the public hearing. The Mayor read the ordinance by title only AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE CALDWELL CITY CODE BY AMENDING CHAPTER 11 CONCERNING THE SUBDIVISION 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. 48 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. 48, 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 [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 BOOK 50 PAGE 49 SUBDIVISION. THE SITE IS LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF HIGHWAY 20/26 AND MIDLAND BOULEVARD) The Mayor noted that this public hearing was previously opened and continued due to negotiations between the applicant and those opposed to the development. Public testimony was left open at that time. The Mayor declared the public hearing continued and re- opened. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being previously sworn in and presented the staff report. Ms. Skinner noted that the applicant and the interested parties have come to an agreement. She noted that Condition of Approval Item 7.13 states: "The developer shall provide a disclosure, said disclosure being substantially similar to Exhibit CC -1004, in the CC &Rs for the project that shall be recorded against the property and shall be made part of the development agreement." Both and applicant and developer have agreed upon the CC-1004 document. In the underlying public hearing with the Planning & Zoning Commission, Condition of Approval Item 7.12 had been agreed upon but was inadvertently eliminated from the development agreement. Ms. Skinner emphasized that the developer will need to make a request to amend the development agreement with the specific items, which will come before Council for final approval and recording. In response to questions from Councilman Hopper, Ms. Skinner stated that it would be appropriate to approve the request pending modification of the development agreement. Susan Wildwood, PO Box 6502, Boise, acknowledged being previously sworn in and reported that her client agrees with the proposed changes. 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. SUB - 155E -06: The Mayor presented the Evidence List: staff report, preliminary plat, sign -up sheets, CC -1000 (large packet from Susan Wildwood) CC -1001 (annexation map), CC -1002 (map of properties within 300 - feet of the site), CC -1003 (tax code map), and CC -1004 (disclosure statement/CC &R's). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: Unanimous. FINDINGS OF FACT ON CASE NO. SUB - 155E -06 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 the parties in opposition have reached an agreement in principle for the modifications that are necessary to move forward. 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 - 155E -06: MOVED by Hopper, 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: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB - 155E -06: 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 - 155E -06, a request by Kay Yamamoto, Yamamoto Farms, Sontag Inc., and Landmark Engineering and Planning for a one -year time extension for Eagle Rock Subdivision is approved with the conditions as outlined in the staff report and contingent on the modifications to the development agreement. 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 close the public hearing. Those voting yes: unanimous. MOTION CARRIED NEW BUSINESS: BOOK 50 PAGE 50 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,677,131.40 for the pay period ending April 15, 2009 and a net payroll in the amount of $278,436.67for the pay period ending March 28, 2009 and net payroll in the amount of $313,338.38 for the pay period ended April 11,2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,677,131.40 represented by check numbers 59528 through 60039 and the total payroll in the amount of $591,775.05 presented by check numbers 17397 through 17614 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 Dakan reported that last Friday he attended the ribbon cutting for the Habitat for Humanity and noted that the new facility is located near Wal -Mart. The operation has items available from past construction projects as well as other donated items. It was a well - attended function and they expressed their appreciation for support from the City. Councilman Dakan also commented on the beautiful art displays recently added to the Indian Creek Park. Councilman Hopper encouraged everyone to attend the City Clean -up Day and Family Day at Indian Creek on Saturday, April 25"'. Councilman Oates reported that he recently was made aware of information concerning future airport security mandates and restrictions from the Department of Homeland Security. He will provide more details as they develops. Councilman Blacker reported that CEDC has received word from Canyon County concerning possible discontinuance of support from the coming year. CEDC is currently working with the Crookham Company concerning an agriculture project. Councilman Sobba expressed his concern with issues generated by the current sign ordinance. Merchants have contacted him concerning their frustration with the enforcement of the ordinance. He noted that the Senior Citizens Center was recently informed of a violation concerning their BINGO sign. The director, Paige, received a two -page letter from the Planning & Zoning Code Enforcement Office giving them 30 days to comply with the ordinance. Adjustments were made to the sign and yet they were still denied the permit for the BINGO signage. The Mayor asked Anne Marie Skinner to clarify this situation. Ms. Skinner noted that the code enforcement letter was in response to a complaint by a concerned citizen. After viewing the sign, Code Enforcement staff noted its non - compliance. Options were given for making the sign permanent or temporary. The sign was made permanent without obtaining the proper sign permit from the City. Ms. Skinner reported that she personally had spoken with Paige at the Senior Center explaining the process after the letter was sent and Candy Nichols from the Building Department had also spoken with a Senior Center representative explaining the sign permit application process and the attachments that were required to accompany the application. The sign permit was not denied but rather the application was never completed before the sign was made permanent so no permit has been issued. (MAYOR'S COMMENTS) Debbie Geyer, City Clerk reported that the E Clampus Vitus organization has shown interest in installing a historical sign on the Caldwell Train Depot facility. She provided background information concerning this organization and read the proposed wording for the signage. The proposed 20 "x24" sign would hold approximately 150 words. She noted that it will be funded through community partnership donations including the Friends of the Depot. Council stated that the option for bronze signage would be preferred over marble material. The Mayor reported that he attended the Caldwell Little League kick -off event last Saturday. He complimented Brent Bringer on the maintenance of Memorial Park basement fields. The Caldwell Foundation for Educational Opportunities conducted their golf tournament last Friday. The City helped sponsor this event. He noted that he will be attending the Youth Leadership Conference in Sun Valley on April 26 -28, 2009. He encouraged Council members to inform Susan Miller if they are able to attend. The finalized copy of the annual budget calendar will soon be issued by the Finance Director. The Cinco de Mayo Celebration is scheduled for Saturday, May 2 °d . The annual YMCA run will be held that same morning with the starting point at West Valley Medical Center. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) BOOK 50 PAGE 51 MOVED by Oates, SECONDED by Blacker to convene into an Executive Session pursuant to provisions of Idaho Code 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 Oates, SECONDED by Blacker to reconvene into regular session. Those voting yes: Unanimous. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Hopper to adjourn at 9:32 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 4"' DAY OF MAY 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk