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HomeMy WebLinkAbout2009-07-06city council minutesBOOK 50 REGULAR MEETING JULY 6, 2009 7:00 P.M. PAGE 82 The Mayor reported that a public workshop was held at 6:00 p.m. for the purpose of discussing proposed revisions to the infrastructure policy and the storm water manual as recommended by the Engineering Department. The policy concerning the storm water manual will be discussed further within the City Council meeting this evening. The Mayor's Action Challenge for Children and Families, which was scheduled for a workshop at 6:30 p.m. was not held due to the lengthy discussion regarding the Engineering Department issues. The City Clerk will reschedule the Mayor's Action Challenge workshop in the near future. No decisions were made or action taken. The Mayor asked that everyone stand 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 (via phone), and Sobba (via phone). Those absent: Hopper. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item #6 under the Consent Calendar and add Item #20 to read: "Approve Resolution executing the Memorandum of Understanding and the Maintenance Protocol for Wolfe Field with the College of Idaho." The Mayor explained that there is an urgent need for approval of The College of Idaho Memorandum of Understanding inasmuch as The College of Idaho personnel need this document for purpose of establishing their current budget. The document has been approved by legal counsel from the City and The College of Idaho. 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 June 10, June 11, and June 15, 2009; the Special City Council Meeting held on June 19, 2009; the Regular City Council Meeting held on June 15, 2009; the Planning and Zoning Commission Meeting held on April 14, 2009; the Caldwell Hearing Examiner Meeting held on May 12, 2009; and the Friends of the Depot held on May 18, 2009; 2. Approve Resolution No. 94 -09 authorizing the sponsorship of the CCOA Benefit Fundraiser Event to be held on October 2, 2009; 3. Approve Resolution No. 96 -09 authorizing the execution of the Request for Supplemental Agreement No. 5 with TO Engineers for the South Biking/Walking Trail System; 4. Approve Resolution No. 95 -09 authorizing the execution of the Farm Lease with Dennis Lammey ( Lammey Farms) for subject property containing 81 farmable acres; 5. Approve Resolution No. 97 -09 authorizing the execution of an Agreement for Engineering Services, Amendment #18C for the Caldwell Wastewater Treatment Plant Improvements — South Interceptor Project; 6. Approve Resolution authorizing the execution of the Master Agreement Task Order Authorization with Brown and Caldwell Environmental Engineers and Consultants for Engineering Services for the Caldwell Wastewater Treatment Plant; [Removed] 7. Approve Resolution No. 98 -09 authorizing the approval of Amendment No. 1 to the Animal Control Agreement with Canyon County; 8. Approve Resolution No. 99 -09 authorizing the approval of the waiver of plan review and inspection fees in the amount of $165.47 associated with the remodel of 5017 Aviation Way; 9. Approve Resolution No. 100 -09 authorizing the approval of the City of Caldwell Affirmative Action Plan; 10. Approve Resolution No. 101 -09 authorizing the acceptance of the apparent low bidder to KMO, Inc. in the amount of $301,000 for design and construction of the Fire Department Training Tower; 11. Approve Resolution No. 102 -09 authorizing the acceptance of the apparent low bidder to Ideal Demolition Services, LLC in the amount of $79,952 for the Depot Parking Phase 2 Completion Project #40010705; 12. Approve Resolution No. 103 -09 authorizing the acceptance of an Easement from Grace Community Church, Inc. DBA Living Water Worship Center for a domestic water line; 13. Approve Resolution No. 104 -09 authorizing the acceptance of a Quit Claim Deed from Grace Community Church, Inc. DBA Living Water Worship Center for right -of -way along 10' Avenue; BOOK 50 PAGE 83 14. Approve Resolution No. 105 -09 authorizing the acceptance of a Utility Easement from Gary R. Holt and Mollie M. Holt in Lot 21 of Block 1 of Terrace Addition No. 2 Subdivision; 15. Approve Resolution No. 106 -09 authorizing the acceptance of a Stormwater Easement from James E. Rice and Patricia A. Rice in Lot 16 and Lot 17 of Block 1 of Terrace Additional No. 2 Subdivision; 16. Approve request from the City Purchasing Department to dispose of excess equipment: 1993 John Deere Pro -turf Mower from the Golf Department; 17. Approve re- appointments to the Caldwell Housing Authority as follows: Andrew Rodriguez for a term to expire December 31, 2009; Sid Freeman for a term to expire December 31, 2010; Patricia Benedict for a term to expire December 31, 2011; Dana Schuck for a term to expire December 31, 2012; and Estella Zamora for aterm to expire December 31, 2013; 18. Approve appointments to a Sub - committee of the Indian Creek Steering Committee for the purpose of discussing the City Core Master Framework for a term to expire December 31, 2009: Randy Million, Dave Gipson, JoAnn Lowe, Anne Marie Skinner, Steve Fultz, Dennis Cannon, Ken Wien, Chris Yamamoto, Bette Pilote, Rob Pilote, Jeff Hibbard, Joe Lombardo, Rem Fox, Gary Vance, and Kermit Scarborough; 19. Authorize the expenditure of up to $7,500 from contingency funds to continue senior citizen transportation programs through the Canyon County Office on Aging (CCOA) through September 30, 2009; 20. Approve Resolution No. 107 -09 authorizing the execution of the Memorandum of Understanding and Maintenance Protocol with the College of Idaho for Wolfe Field. MOVED by Blacker, SECONDED by Oates to approve the Consent Calendar as amended. Those voting yes: unanimous. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING TO DISCUSS THE PROPOSED TRANSFER OF CITY - OWNED REAL PROPERTY TO CANYON COUNTY KNOWN AS THE LAND UNDERLYING THE CANYON COUNTY FAIR BUILDING. THE UNDERUTILIZED PROPERTY IS PART OF A LARGER AREA KNOWN AS THE CALDWELL EVENTS CENTER OR CANYON COUNTY FAIRGROUNDS) MOVED by Callsen, SECONDED by Blacker to continue this item to a City Council Workshop to be held on July 20, 2009 at 6:00 p.m. Those voting yes: unanimous. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to continue the public hearing to the next Regular City Council Meeting to be held on July 20, 2009 at 7:00 p.m. Those voting yes: unanimous. MOTION CARRIED (CONTINUED PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY CALDWELL'S ENGINEERING DEPARTMENT AND PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO AMEND CHAPTER 12, ARTICLE 17 OF THE CALDWELL CITY CODE CONCERNING PUBLIC RIGHTS -OF -WAY IMPROVEMENTS) MOVED by Oates, SECONDED by Blacker to continue the public hearing to the next Regular City Council Meeting to be held on July 20, 2009 at 7:00 p.m. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 11 [ORDINANCE NO. 27941 FOR PUBLIC RIGHTS -OF -WAY IMPROVEMENTS WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor noted that this is a companion document which accompanies the previously mentioned public hearing and would also be continued to July 20, 2009. NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: CONSIDER OPTIONS SET FORTH IN IDAHO CODE 39 -116B (3) REGARDING THE IMPLEMENTATION OF AN AIR QUALITY/VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM) The Mayor reported that it has been requested that this item be continued since there are still ongoing discussions at the Canyon County level concerning this issue. He stated that he had spoken with other Treasure Valley cities affected by this determination to let them know in advance of Caldwell's initial response to this issue. BOOK 50 PAGE 84 MOVED by Oates, SECONDED by Blacker to continue this item to the next Regular City Council Meeting to be held on July 20, 2009 at 7:00 p.m. Those voting yes: unanimous. MOTION CARRIED It was determined to reverse the order of Items #2 and #3 under New Business since changes in the stormwater policy would affect the Carrington Company application. It was noted that since Mr. Orton was not yet present to address text amendments to the stormwater policy, a portion of the Executive Session would be heard pending his arrival. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 [F] FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 7:10 p.m. 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, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Oates, SECONDED by Blacker to reconvene into regular session at 7:40p.m Those voting yes: Unanimous. Those absent: Hopper. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY CALDWELL'S ENGINEERING DEPARTMENT AND PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO AMEND CHAPTER 13, ARTICLE 1 OF THE CALDWELL CITY CODE CONCERNING STORM DRAINAGE, SPECIFICALLY AMENDING THE CALDWELL MUNICIPAL STORMWATER MANAGEMENT MANUAL) Brent Orton, 621 Cleveland Blvd, presented the staff report and outlined the facts concerning the revisions to the manual. He noted that the manual has not specifically addressed commercial development in the past. The proposed amendments give a clear differentiation between residential and commercial development and how the storm water manual should handle these differences. Mark Hilty, 1303 12th Avenue Road, Nampa, addressed Section 103.3.1 and asked for clarification purposes that the words "exception to this manual" be deleted and the words "alternative method(s)" be inserted, and the final three words "without such exception" be replaced with the wording, "with standard sand and grease traps." He noted that this would allow alternative options besides the standard procedure, which is the sand and grease trap. However, if another method is chosen, it would have to meet or exceed the function of a sand or grease trap. Mr. Hilty suggested that if the ordinance passes, then the summary would be revised for publication to include these changes. Mr. Hilty presented the proposed amendments, which the Mayor labeled as CC -1001. MOTION /Callsen, SECONDED /Oates to close the public hearing Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 12 [ORDINANCE NO. 27951 FOR THE STORMWATER MANAGEMENT MANUAL 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 PURSUANT TO CALDWELL CITY CODE 13 -01 -07(5) AMENDING THE CALDWELL MUNICIPAL STORMWATER MANAGEMENT MANUAL; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Blacker to waive the three reading process and consider Bill No. 12 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Hopper, Dakan (lost connection via phone), and Sobba (lost connection via phone). MOTION CARRIED MOVED by Caldwell, SECONDED by Blacker to sponsor Bill No. 12, move for its passage, and approve the revised summary for publication as described by Mr. Hilty. BOOK 50 PAGE 85 Roll call vote. Those voting yes: Callsen, Blacker, and Oates. Those voting no: none. Absent and/or not voting: Hopper, Dakan (lost connection via phone), and Sobba (lost connection via phone). MOTION CARRIED Mr. Mayor declared a short recess while the City Clerk re- established the phone connection with Councilmen Dakan and Sobba. (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER SUB- 194PF -09 A REQUEST BY THE CARRINGTON COMPANY, TOM KRAUS AND JUB ENGINEERS FOR SHORT PLAT APPROVAL OF CARRINGTON CENTER II CONSISTING OF FIVE BUILDABLE LOTS ON 9.56 ACRES IN A C -2 COMMUNITY COMMERCIAL ZONE. THE SITE IS LOCATED SOUTH OF USTICK ROAD AND EAST OF SOUTH 10 AVENUE) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as written. She noted that the property is zoned C -2 Community Commercial as well as noting the zoning of the surrounding properties, the location of the subject property and the fact that the property is currently platted as a one -lot subdivision but needs to increase its number of buildable lots for marketability. Tom Krause, 6475 Highway 93 South, Whitefish, Montana; spoke in favor of the request. Mr. Krause presented an aerial view of the site, which the Mayor labeled as CC -1000. He reported that they have been working to find new a use for the property for the purpose of marketability. Easements have been changed into perpetual easements for landscaping, utilities, and stormwater drainage and have taken away the common lot concept. The driveway issue has been resolved as of today with the street name being stricken from the plat. MOVED by Callsen, 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-1 94PF-09: The Mayor presented the Evidence List: staff report, short plat, sign -up sheets, CC- 1000 (aerial view of the site). MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented. Those voting yes: Unanimous. Those absent: Hopper. COMPREHENSIVE PLAN ANALYSIS ON CASE NO. SUB- 194PF -09: MOTION CARRIED MOVED by Blacker, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. Those voting yes: Unanimous. Those absent: Hopper. FINDINGS OF FACT ON CASE NO. SUB- 194PF -09: MOTION CARRIED MOVED by Blacker, 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 provided, and note that there was no opposition to the request. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and /or not voting: Hopper. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB- 194PF -09: MOVED by Blacker, SECONDED by Callsen 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: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 194PF -09: MOVED by Blacker, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 194PF -09, a request by The Carrington Company, Tom Kraus and JUB Engineers for short plat approval of Carrington Center II consisting of 5 buildable lots on 9.56 acres in a C -2 Community Commercial zone located south of Ustick Road and east of South 10' Avenue is approved with the removal of Item No. 5 on page 3 of the staff report. Roll call vote. Those voting yes: Blacker, Oates, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED MOVED by Blacker, SECONDED by Oates to close the public hearing. BOOK 50 PAGE 86 Those voting yes: unanimous. Those absent: Hopper. (FINANCE AND HUMAN RESOURCE REPORTS) MOTION CARRIED Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,272,045.15 for the pay period ending June 30, 2009 and a net payroll in the amount of $282,228.95 for the pay period ending June 20, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,272,045.15 represented by check numbers 61269 through 61712 and the total payroll in the amount of $282,228.95 presented by check numbers 17873 through 17949 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. Those absent: Hopper. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan reported that he recently attended the Golf Board session. He noted that it was determined that no subsidized funding from the City's General Fund will be needed in the coming year. Councilman Blacker reported that the CEDC Business Retreat will be held at Bittner Vineyard on July 17, 2009. (MAYOR'S COMMENTS) The Mayor reported that a special proclamation was presented at the God & Country Rally from all area mayors in support of our military personnel. The City of Caldwell July 4 celebration was very successful. The parade was well attended with the largest number of parade entrants to date. The Mayor expressed his disappointment in this year's fireworks display. He noted that Caldwell has been recognized for many years for having a spectacular display. The Mayor reported that the City Attorney is working to resolve this issue by stipulating the necessity of a public apology by the contractor and a financial adjustment since the contractor did not fulfill the contract. Important dates: • City Council Budget Workshop is scheduled for July 8 ffi at 6:00 p.m. The public is welcome and encouraged to attend. • The Mayor will be attending National League of Cities Board of Directors Meeting in Denver on July 9 -12. • City Council workshop: July 13 at 6:00 p.m. • City- sponsored Chamber Noon Break luncheon at the Elk's Lodge: July 14. • Canyon County Fair: July 23 — 26. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, [A] FOR THE PURPOSE OF DISCUSSING THE CONSIDERATION OF HIRING A PUBLIC OFFICER, EMPLOYEE, STAFF MEMBER OR INDIVIDUAL AGENT; AND [C] FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF REAL PROPERTY) MOVED by Oates, SECONDED by Blacker to convene back into an Executive Session at 8:17 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(a) for the purpose of discussing the consideration of hiring a public officer, employee, staff member or individual agent; and (c) for the purpose of discussing the acquisition of real property. 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 reconvene into regular session. Those voting yes: Unanimous. (ADJOURNMENT) MOTION CARRIED MOVED by Oates, SECONDED by Blacker to adjourn at 8:30 p.m. BOOK 50 Those voting yes: unanimous. PAGE 87 MOTION CARRIED APPROVED AS written THIS 20` DAY OF JULY 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk