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HomeMy WebLinkAbout2009-05-18city council minutesBOOK 50 REGULAR MEETING MAY 18, 2009 7:00 P.M. PAGE 57 The Mayor reported that a public workshop was held at 6:30 p.m. concerning the proposed Taxi Cab Ordinance. The Mayor asked that everyone stand for the invocation given by Pastor Aaron Beaty of the Boone Memorial Presbyterian Church and to 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, Callsen, Dakan, and Sobba. Absent: Hopper. The Mayor noted that Councilman Hopper was in attendance at the workshop but left for a school concert involving his son. SPECIAL PRESENTATIONS The Mayor introduced Tracy Casper, Chamber of Commerce President. Ms. Casper presented information concerning the downtown development survey conducted by the Chamber of Commerce and outlined the results of the survey. She noted the Chamber's desire to partner with the City of Caldwell. Diana Brown, Chamber of the Commerce Executive Director, 704 Blaine Street, noted that they plan to conduct Phase II of the survey, which will deal with transportation issues. The Mayor announced that Doug Brown was recently awarded the Idaho State Fire Prevention Officer of the Year. The Employee of the Month was awarded to Dave Garcia from the Caldwell Street Department. The Mayor read the nomination letter from Collette Sanders into the record. Ms. Sanders expressed appreciation in the letter concerning Mr. Garcia's outstanding work on the newly constructed archery range. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Items #5 and #12 under the Consent Calendar and correcting Item #7 under New Business to read: "Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection 1 (b) for the purpose of discussing personnel issues." Those voting yes: unanimous. Those absent: Hopper. 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 Regular City Council Meeting held on May 4, 2009; the Caldwell Historic Preservation Commission Meeting held on March 23, 2009; the Mayor's Youth Advisory Council Meeting held on April 15, 2009; the Friends of the Depot Meeting held on April 16, 2009; and the Caldwell City Traffic Commission Meeting held on May 4, 2009; 2. Approve Order of Decision and Development Agreement for Case No. ZON -64 -08 & SUB /PUD- 198P-08 (Golden View Subdivision); 3. Approve Resolution No. 74 -09 authorizing the execution of a Notice of Award and Agreement with Thueson Construction sanitary sewer improvements for Local Improvement District (LLD.) No. 09- 2 in the amount of $28,800; 4. Approve Resolution No. 75 -09 authorizing the execution of the Agreement Regarding Cooperative Use of Inspectors Between the City of Caldwell and the City of Nampa; 5. Approve Resolution accepting the apparent low bidder, IBI LLC, and the execution of the contract for the Design Build of the Fire Department Training Facility in the amount of $286,693; [Removed] 6. Approve Resolution No. 76 -09 accepting the apparent low bidder, DeBest Plumbing & Mechanical Contractors for the renovation of the mechanical system at the Caldwell Public Library in the amount of $119,390; 7. Approve Resolution No. 77 -09 approving the request for contingency funds for repairs at the Avid Building owned by the City of Caldwell and located at the Caldwell Industrial Airport at an estimated cost not to exceed $10,000; 8. Approve Resolution No. 78 -09 authorizing the Engineering Department to pursue contract negotiations with three consultants in order of ranking as determined by the Consultant Selection Committee for the Solids Dewatering and Intermediate /Primary Clarifier Rehabilitation project; BOOK 50 PAGE 58 9. Approve Resolution No. 79 -09 accepting an Easement from the City of Caldwell to Silverhawk Aviation for the relocation, continued operation, maintenance, repair, and/or replacement of a power line at the Caldwell Industrial Airport; 10. Approve Resolution No. 80 -09 accepting the Quitclaim Deed for right -of -way from William F. Pilcher and Denyce M. Verti for the 45 Avenue; 11. Approve request from the Caldwell Night Rodeo Board to waive the alcoholic beverage fee for wine sales at the Caldwell Night Rodeo; 12. Approve request from the Caldwell Board of Realtors to waive the rental fee for the Caldwell Train Depot in regards to a fund raising event on August 27 for the local Senior Citizen Center; [Removed] 13. Approve request for a Taxi Cab Driver License for Robert Hughes from Canyon County Cab & Towing; 14. Approves request for a Transfer Application for Liquor, Beer, or Wine License from Etelvina Villasenor at La Tropicana II; 15. Approve the appointment of Amy Rojas to the Caldwell East Urban Renewal Agency Board as the representative from the Caldwell School District. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Those voting yes: unanimous. Those absent: Hopper. OLD BUSINESS: MOTION CARRIED (CONTINUED PUBLIC HEARING [QUASI - JUDICIAL] CASE NUMBER SUB- 196P -08 A REQUEST BY JRL PROPERTIES AND BAILEY ENGINEERS FOR PRELIMINARY PLAT APPROVAL OF CROWN POINT SUBDIVISION CONSISTING OF 21 BUILDING LOTS AND ONE NON - BUILDING LOT IN A C -4 INTERCHANGE /FREEWAY COMMERCIAL ZONE. THE SITE IS ADDRESSED AS 3912 HWY 20 -26 AND IS LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 20 -26 AND AVIATION WAY) MOVED by Blacker, SECONDED by Callsen to continue the public hearing per the request of the applicant to the Regular City Council Meeting to be held on July 20, 2009. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED NEW BUSINESS: (CONSIDER THE DECLARATION PURSUANT TO IDAHO CODE § 50 -1402 OF INTENT TO TRANSFER REAL PROPERTY TO CANYON COUNTY) Aaron Seable, 1303 12"' Avenue Road, Nampa, presented information concerning the request. He noted that this is basically a housekeeping issue since City staff thought that the parcel under the Canyon County Fair Building had previously been transferred to the County. The Mayor noted that this discovery was made during the preliminary plat process of Griffith Park. MOVED by Blacker, SECONDED by Oates to declare the intent to transfer the land underlying the Canyon County Fair Building to Canyon County pursuant to Chapter 14, Title 50, of the Idaho State Code and set a public hearing date for June 15, 2009 at 7:00 p.m. during the Regular City Council Meeting. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] CASE NUMBER SUB- 113(E) -04 A REQUEST BY POWDER RIVER DEVELOPMENT AND BRIGGS ENGINEERING FOR A TIME EXTENSION FOR PRELIMINARY PLAT APPROVAL OF CASTLE PEAK SUBDIVISION. THE SITE IS LOCATED ON THE SOUTHEAST CORNER OF SANTA ANA AND LINDEN STREET) The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those who would be giving testimony. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. She noted that the original preliminary plat was approved by City Council in 2005. Castle Peak No. 1 final plat was recorded in 2006 with 61 residential lots and Castle Peak No. 2 final plat was recorded in 2008 with 108 residential lots. There are 95 residential lots and three commercial lots remaining to be recorded. The preliminary plat was approved with four phases. The Planning & Zoning Commission denied the extension requested acknowledging that there were lots within the subdivision which are less than 8,000 square feet. Taylor Merrill, 616 S. Franklin, Boise, acknowledged being sworn in and outlined the facts concerning the request. He noted that they are behind schedule concerning the development due to the market conditions. He presented the phase diagram and pictures of the development's residences, which the Mayor labeled as CC -1000 and CC -1001 respectively. BOOK 50 PAGE 59 Ms. Skinner noted that staff recommends that all remaining final plats be recorded no later than June 1, 2012. MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-- 113(E) -04: The Mayor presented the Evidence List: staff report, preliminary plat, sign -up sheets, CC -1000 (phase diagram) and the CC -1001 (pictures ofthe development's residences). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: Unanimous. Those absent: Hopper. FINDINGS OF FACT ON CASE NO. SUB- 113(E) -04 MOTION CARRIED MOVED by Oates, 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 provided. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 113(E) -04: 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, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 113(E) -04 MOVED by Oates, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 113(E) -04, a request by Powder River Development and Briggs Engineering for a time extension for preliminary plat approval of Castle Peak Subdivision is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. Those absent: Hopper MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL] CASE NUMBER SUB- 163(E) -06 A REQUEST BY CALDWELL 94 LLC AND STANLEY CONSULTANTS FOR A TIME EXTENSION FOR PRELIMINARY PLAT APPROVAL OF MANDALAY RANCH SUBDIVISION. THE SITE IS LOCATED ON THE WEST SIDE OF MIDDLETON ROAD APPROXIMATELY 700 FEET NORTH OF HIGHWAY 20/26) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report. Ms. Skinner noted that the original preliminary plat was approved in 2007 and includes 316 buildable lots in an R -1 residential zone. Construction drawings for Phase I were initially submitted to the Engineering Department and approved. A short time later, the project engineer found errors in the drawings and asked the City to rescind the approval, which was subsequently done. The project engineer is currently fixing those errors and will re- submit the drawings. The Planning & Zoning Commission denied the request for a time extension on April 14, 2009 stating that the lots should be a minimum of 8,000 square feet. The applicant has appealed that determination. Staff is recommending approval of the request stating that all plats shall be recorded no later than June 1, 2015. In response to questions from Councilman Oates, Ms. Skinner noted that the lack of availability of the drawings does not impact approval of this request. Todd Ogden, 335 W. State Street, Eagle acknowledged being sworn in and spoke in favor of the request. He noted that the offsite water and sewer have been approved and the Phase I drawings will be resubmitted to the Engineering Department within 30 days. In response to questions from Councilman Blacker, Mr. Ogden noted that they are looking at the market to determine the right timing to proceed. BOOK 50 PAGE 60 Stan Ray, 4544 North Park Lane, Eagle, acknowledged being sworn in and spoke in favor of the request. He noted that he has been encouraged with the recent positive turn- around in the building industry and looks forward to completing the project. MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing. Those voting yes: unanimous. Those absent: Hopper. EVIDENCE LIST FOR CASE NO. SUB-- 163(E) -06 MOTION CARRIED The Mayor presented the Evidence List: staff report, preliminary plat, sign -up sheets, and CC -1000 (visual ofthe plat). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 163(E) -06: MOVED by Oates, 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 there was no opposition to this request. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 163(E) -06: 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, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 163(E) -06: MOVED by Oates, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 163(E) -06, a request by Caldwell 94 LLC and Stanley Consultants for a time extension for preliminary plat approval of Mandalay Ranch Subdivision is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Callsen to close the public hearing. Those voting yes: unanimous (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,230,995.18 for the pay period ending May 13, 2009 and a net payroll in the amount of $267,966.87 for the pay period ending May 9, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,230,995.18 represented by check numbers 60334 through 60647 and the total payroll in the amount of $267,966.87 presented by check numbers 17672 through 17726 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED Councilman Hopper joined the meeting. (COUNCIL COMMENTS) Councilman Dakan reported that he and Councilman Sobba attended the ribbon cutting ceremony of the Willow Bay Coffee Company. On Saturday he gave a proclamation in behalf of the Children's Mental Health Awareness Month at the YMCA facility. Councilman Hopper reported on the good attendance at recent Cinco de Mayo events. He noted that there has been discussion to merge the COMPASS and VRT agencies. BOOK 50 PAGE 61 Councilman Oates stated that he appreciated the excellent attendance at the Caldwell Airport Terminal groundbreaking ceremony. Councilman Blacker presented approximately 100 letters to Mayor Nancolas from students at Wilson Elementary concerning their desire for a curbside recycling program to be initiated in Caldwell. (MAYOR'S COMMENTS) The Mayor reported on the success of the Cinco de Mayo celebrations. Representation was present Mexican Consulate Office located in Boise. He noted that they have offered to assist the City of Caldwell concerning the 2010 Census. The City Clerk noted this information for reference purposes concerning the Complete Census Committee. He noted the upcoming calendar events: • City Council Workshops on May 19 & 21 at the City Hall Conference Room. • Thursday Town Talk on May 21 at 7:00 p.m. to be held at the Caldwell Library. • Caldwell High School graduation is Friday, May 22 °d , at 4:00 p.m. at the Idaho Center. • Vallivue High School graduation is Friday, May 22 °d , at 8:00 p.m. at the Idaho Center. He reported that due to the concern about budget cuts from Federal and State resources regarding senior citizen programs, discussion will be held at upcoming budget workshops about potential financial assistance from the City to meet this need. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (B) FOR THE PURPOSE OF DISCUSSING PERSONNEL ISSUES) MOVED by Oates, SECONDED by Hopper to convene into an Executive Session pursuant to provisions of Idaho Code 67 -2345, Subsection 1(b) for the purpose of discussing personnel issues at 8:10 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 MOVED by Oates, SECONDED by Blacker to reconvene into regular session. Those voting yes: Unanimous. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 8:18 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS l DAY OF JUNE 2009. Councilperson Councilperson Councilperson ATTEST: City Clerk Mayor Councilperson Councilperson Councilperson