HomeMy WebLinkAbout2007-08-20city council minutesBOOK 48
REGULAR MEETING
AUGUST 20, 2007
7:00 P.M.
The Meeting was called to order by Council President Jim Blacker in the Mayor's absence.
Councilman Blacker asked everyone to stand for the Pledge of Allegiance to the Flag.
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The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan
and Wells.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Oates to amend the agenda by removing Item #10 under the Consent Calendar
for some wording changes and bring back at a future council meeting; note that under Item #3 under Old Business has
been requested to be continued to Tuesday, September 4 at the Regular City Council Meeting; Item #3 under New
Business has been requested by the applicant to be continued to the September 17 Regular City Council Meeting;
adding Item #7A under New Business for an Executive Session pursuant to Title 67 -2345, paragraph b, in order to
discuss personnel; removing Item #7 from the Consent Calendar and moving to Item #4A under New Business for
some brief discussion; and adding Item #13 under the Consent Calendar to approve the minutes from the Caldwell
Traffic Commission meeting held on August 6, 2007.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
APPOINTMENT OF CHIEF OF POLICE
Councilman Blacker acknowledged the number of police officers in the audience. He explained the selection and
interview process for this appointed position. Councilman Blacker presented the name of Chris Allgood to the City
Council for their consideration to be appointed to the position of Police Chief effective August 26, 2007 through
December 31, 2008.
The Mayor arrived and paid tribute to Chief Bob Sobba for his law enforcement expertise, his contributions to the
police department and the City of Caldwell, and his dedication to this community. He spoke about the personal side of
Bob and his loyalty to his police personnel, his family, and the citizens of Caldwell.
The Mayor spoke with Chris Allgood several years ago about what his plans were for the future. Chris indicated that
he was loyal to the city and always wants to stay here. Chris has taken the time to complete his college degree and has
gone the extra mile in performing service, learning, and working with people within the department. He has gained the
respect of all the police officers. The Mayor received a letter that was signed unanimously by the police department
that stated they supported Chris Allgood for the position of Chief.
The Mayor stated that Chris has risen to the top and everybody's confidence is with him and; therefore, it is with a
great deal of honor and pride that the Mayor presents Chris Allgood to be appointed as the Chief of Police for the City
of Caldwell from August 20, 2007 (for payroll purposes) and assume the leadership role effective upon Bob Sobba's
retirement through December 31, 2008.
MOVED by Hopper, SECONDED by Blacker to approve the nomination of Chris Allgood as Chief of Police for the
City of Caldwell effective August 20, 2007 through December 31, 2008.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
Bob Sobba congratulated and presented Chris Allgood with the badge for Chief of Police. The Mayor indicated that
Chris would be sworn in officially as Chief of Police once Bob was retired.
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 August 6, 2007; the Caldwell Golf
Board meeting held on July 19, 2007; the Friends of the Caldwell Friends of the Depot meetings held on June 12,
2007 and July 10, 2007; and the Caldwell Public Library Board of Trustees meetings held on May 3, 2007, June 7,
2007, and July 5, 2007;
2. Approve Order of Decision and Development Agreement for Case No. ANN- 161 -07 (Palleria Annexation);
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3. Approve Resolution No. 117 -07 accepting dedication of sewer, water, storm drain, and street light facilities from D.R.
Horton, Inc. for Apple Creek Subdivision No. 3;
4. Approve Resolution No. 118 -07 accepting dedication of sewer, water, storm drain, and street light facilities from
Windsor Creek, LLC for Windsor Creek Subdivision No. 2;
5. Approve Resolution No. 119 -07 accepting an easement from Idaho Development and Housing Organization, Inc. for
operating and maintaining a pressure irrigation line;
6. Approve Resolution No. 120 -07 authorizing the bid approval and Notice of Award to Lurre' Construction for
$502,559.25 for the Ustick Road Improvements Project;
7. Approve Resolution authorizing the execution of an Agreement for Sale of Real Estate in Lieu of Condemnation with
Gerald and Gail Crownover for Aviation Way; [moved to Item 4a under New Business]
8. Approve Resolution No. 121 -07 authorizing the execution of an Agreement for Civil Engineering Services from
Toothman-Orton Engineering for the Linden Sewer Extension;
9. Approve Resolution No. 122 -07 authorizing the execution of the FY 2007 Canyon County Animal Control
Agreement;
10. Approve Resolution authorizing an impact fee exemption for Vineyard Suites at Indian Creek; [removed]
11. Approve Resolution No. 123 -07 to approve the Accounting Systems Requirements Grants Management Guide for the
City of Caldwell;
12. Approve request authorizing a waiver for building permit fees of $1,610.44 for the Caldwell Train Depot Restoration
Project, Phase II;
13. Approve acceptance of the minutes from the Caldwell Traffic Commission meeting held on August 6, 2007. [added]
MOVED by Blacker, SECONDED by Callsen approve the Consent Calendar as amended.
Those voting yes: unanimous.
OLD BUSINESS
MOTION CARRIED
(PUBLIC HEARING PURSUANT TO IDAHO STATE CODE 50 -1002 FOR CONSIDERATION OF THE
PROPOSED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER
30, 2008)
The Mayor declared the Public Hearing open.
E1Jay Waite, City Finance Director at 411 Blaine Street, outlined the budget using a PowerPoint presentation. The total
budget for fiscal year 2008 is $58,832,662.00 and the total property tax to be collected is $11,523,002.00. This year was
the first time that new construction paid for all expansion, new hires, equipment, and increased expenditures in the police
department. There was no request for a 3% property tax increase.
Mr. Waite gave a summary ofthe budgets and projects for city departments.
MOVED by Dakan, SECONDED by Blacker to close the public testimony portion of the public hearing
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 53 [ORDINANCE NO. 27041 THE APPROPRIATION ORDINANCE FOR FISCAL
YEAR 2007 -2008 WITH THE REQUEST TO WAIVE THE THREE READING PROCESS AND PASS THIS
BILL ON THE FIRST READING BY TITLE ONLY)
The Mayor introduced this bill and read Bill No. 53 (Ordinance No. 2704) by title only:
AN ORDINANCE ENTITLED APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2007 APPROPRIATING THE SUM OF $58,832,662.00 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE
CITY OF CALDWELL, IDAHO, FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON
THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID
APPROPRIATION IS MADE.
MOVED by Hopper, SECONDED by Dakan to waive the rules and consider Bill No. 53 on its first reading by title only
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: Oates. Absent and/or not
voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 53 (Ordinance No. 2704) and move for its passage.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
The Mayor thanked E1Jay Waite, the appointed officials, the department managers for their hard work, especially Gordon
Law who has 12 budgets that he has to prepare, and the employees of the City of Caldwell. He also thanked the City
Council Members for attending numerous workshops in an effort to put this budget together.
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(CONSIDER BILL NO. 43 [ORDINANCE NO. 26941 FOR CASE NO. OA -87 -07 [TEMPORARY USE PERMITS]
WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE
SUMMARY FOR PUBLICATION)
[Item has been continued to the next Regular City Council Meeting to be held on September 4, 2007]
(CONSIDER BILL NO. 50 [ORDINANCE NO. 27011 MODIFYING EXISTING SECTION 02 -01 -05
REGARDING A COUNCILMEMBER SEEKING THE OFFICE OF MAYOR)
Mark Hilty, City Attorney, reported on the changes that he made.
The Mayor read Bill No. 50 (Ordinance No. 270 1) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2, ARTICLE 1,
SECTION 02 -01 -05 OF CITY CODE; DELETING PROVISIONS REQUIRING A CITY COUNCILPERSON TO
RESIGN HIS OR HER POSITION UPON FILING OF A PETITION FOR NOMINATION OF THE OFFICE OF
MAYOR; AMENDING CHAPTER 3, ARTICLE 5, SECTION 03 -05 -03 OF CITY CODE; REQUIRING A NEWLY
ELECTED MAYOR TO RESIGN FROM CONFLICTING POSITIONS WITH THE CITY UPON TAKING OFFICE;
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 Oates to let this stand as the first reading of Bill No. 50 (Ordinance No. 2701).
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
NEW BUSINESS
(CONSIDER ACCEPTANCE OF THE FEES IN EXCESS OF 5% OF THE AMOUNT PREVIOUSLY
CHARGED AND SET THE PUBLIC HEARING FOR SEPTEMBER 17, 2007 DURING THE REGULAR CITY
COUNCIL MEETING)
E1Jay Waite, City Finance Director at 411 Blaine presented the schedule for fees in excess of 5% of fees last collected and
new fees for fiscal year 2007 -2008. He noted that the fire department is requesting a 10% increase in all fees associated
with its department due to personnel costs, fuel costs, and operating costs where a majority of the fees rest on inspections.
He requested that these fees be considered during a public hearing on September 17 during the Regular City Council
Meeting.
Councilman Hopper asked if the fee increases in excess of 5% are in areas that have not had a recent increase or in areas
that we've seen increased labor costs above and beyond what the original city's investment was. Mr. Waite replied that
this was the question he asked of the department managers and the answer he received was in the affirmative.
Councilman Hopper commented that are fees are in line and largely underneath those of our neighboring cities. Mr. Waite
stated that he would check that and have it considered in the public hearing.
MOVED by Hopper, SECONDED by Blacker to set the Public Hearing to consider fees in excess of 5% at September 17,
2007 at 7:00 p.m. at the Regular City Council Meeting.
Those voting yes: unanimous.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 96(E) -03 A REQUEST BY BAILEY ENGINEERING,
INC., DYVER DEVELOPMENT LLC AND HIGHLAND DEVELOPMENT LLC FOR A TIME EXTENSION OF
ONE [1] YEAR TO DEVELOP 49 RESIDENTIAL LOTS. THE SITE IS LOCATED ON THE SOUTHEAST
CORNER OF MONTANA AVENUE AND MOSS STREET)
The Mayor declared this public hearing open. He asked that anyone signed up to speak at any of the public hearings please
stand and be sworn in by the city clerk. The Mayor explained the quasi - judicial process.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being swom in and presented the staff report. There was a time
extension granted by the Planning & Zoning Commission last year for Phase #1. According to City Code, any future time
extensions would need to go to City Council for approval. The applicant has requested that the time extension be granted
to November 20, 2008. Currently, the deadline to complete Phase #2 would be November 20, 2007.
Kent Brown, 1472 E. Iron Eagle, Eagle, acknowledged being sworn in and stated that he represents the applicants. He
stated that everything is slow right now and that the demand is not there.
MOVED by Oates, SECONDED by Hopper to close the public testimony portion of this hearing.
Those voting yes: unanimous.
EVIDENCE LIST FOR CASE NO. SUB- 96(E) -03:
MOTION CARRIED
Councilman Blacker presented the Evidence List: staff report, sign up sheets, and CC -1000 (aerial of SUB- 96(E) -03).
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MOVED by Hopper, SECONDED by Oates to accept the Evidence List as presented.
Those voting yes: unanimous.
FINDINGS OF FACT ON CASE NO. SUB- 96(E) -03
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 this evening, the evidence list that was approved, and note there was no objection to the
applicant's extension.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 96(E) -03:
MOVED by Oates, SECONDED by Hopper that the Caldwell City Council has the authority to hear this request and order
that it be approved or denied; the public notice requirements were met and the hearing was legally noticed and posted and
the hearing was held and conducted under the requirements of Idaho code and City ordinances.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB- 96(E) -03:
MOVED by Oates, SECONDED by Blacker that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case No. SUB- 96(2)E -03, a request by Bailey Engineering Inc., Dyver Development
LLC, and Highland Development LLC for a time extension of one (1) year to develop 49 residential lots is approved with
the following conditions as included here in the staff report.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED Hopper to close the public hearing.
Those voting yes: unanimous
MOTION CARRIED
(PUBLIC HEARING [QUASI -JUDICIAL]: CASE NO. ANN - 141- 06/ZON -50 -06 A REQUEST BY OAKWOOD
ENTERPRISES FOR ANNEXATION OF 8.68 ACRES INTO THE CITY OF CALDWELL WITH C -2
COMMUNITY COMMERCIAL ZONING, RESONING OF 4.13 ACRES FROM R -2 COMBINED MEDIUM
DENSITY RESIDENTIAL TO C -2 COMMUNITY COMMERCIAL ZONING, A DEVELOPMENT AGREEMENT
AND A COMPREHENSIVE PLAN MAP CHANGE FROM AGRICULTURE TO COMMERCIAL. THE SITE IS
LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 20/26 AND KCID ROAD)
[This public hearing was continued to the Regular City Council Meeting to be held on September 17, 2007]
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 172P -07 A REQUEST BY DYVER DEVELOPMENT
FOR PRELIMINARY PLAT APPROVAL OF PENNYSYLVANIA PARK SUBDIVISION WITH 254
RESIDENTIAL LOTS AND 19 COMMON LOTS. THE SITE IS LOCATED AT 1704 KCID ROAD)
The Mayor declared the public hearing open.
Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report.
Kent Brown, 1472 E. Iron Eagle, Eagle, acknowledged being sworn in and stated that he represents the applicants. He
provided a summary of the surrounding area and the commercial use in the area.
MOVED by Blacker, SECONDED by Oates to close the public testimony portion of this hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. SUB- 172P -07:
The Mayor presented the Evidence List: staff report, sign up sheets, preliminary plat, and CC -1000 (aerial of SUB -172P-
07).
MOVED by Blacker, SECONDED by Callsen to approve the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB- 172P -07:
MOTION CARRIED
MOVED by Blacker, SECONDED by Callsen to accept the comprehensive plan analysis as found under roman numeral V
of the staff report.
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PAGE 145
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
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MOVED by Blacker, SECONDED by Oates to accept the facts as outlined in the staff report, the public testimony, the
evidence list, as well as the fact that no one was here in opposition to this application.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 172P -07:
MOVED by Hopper, SECONDED by Blacker that the Caldwell City Council has the authority to hear this case and order
that it be approved or denied; the public notice requirements were met and the hearing was conducted within the guidelines
of applicable Idaho codes and City ordinances.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. SUB- 172P -07:
MOVED by Blacker, SECONDED by Callsen that based on the Findings of Fact and Conclusions of Law, the Caldwell
City Council hereby orders that Case No. SUB- 172P -07, a request by Dyver Development LLC, Aldon Harshman,
Highland Development LLC, and Bailey Engineering for preliminary plat approval of the Pennsylvania Park Subdivision
consisting of 254 residential building lots (246 single - family residential and 8 four -plex lots) and 19 common lots is
approved with the conditions listed in Section 8 of the staff report.
Roll call vote. Those voting yes: Blacker, Oates, Hopper, Callsen, Dakan, and Wells. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Blacker, SECONDED Oates to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SALE OF REAL
ESTATE IN LIEU OF CONDEMNATION WITH GERALD AND GAIL CROWNOVER FOR AVIATION WAY)
Mark Hilty reported on the status of this document and indicated that there is still one item to resolve. He read from the
agreement, Item 11.4 on page 5, the condition that was proposed by the Crownover's. Located on the portion of property
that the City is buying is the well that provides the irrigation water that will, after the City acquires it, be abandoned. If the
interference with irrigation water is going to be permanent, then we will need to rework this responsibility as outlined in
Item 11.4.
Mr. Hilty asked Council to consider passing the resolution and authorizing the Mayor to sign this agreement contingent
upon this detail being worked out. It will include some kind of amendment to Item 11.4, which is yet to be determined.
Councilman Hopper asked if the well was totally private or if there was an irrigation district interest in this well. Mr. Hilty
replied that as far as he knows it is a private ground water well for irrigation.
Councilman Hopper asked how Council knows what "worked out" means. Mr. Hilty replied that this item could be
brought back. Councilman Hopper stated that he is concerned about having to provide a well or having to face a takings
issue. Mr. Hilty stated that the City is paying for the well as part of the purchase price. The Crownover's are being
compensated fairly.
There was discussion about the concerns of the well and water rights.
The Mayor asked if there was a problem with bringing this item back at the next council meeting. Mr. Hilty replied that he
asked Brent Orton in the engineering department when the City needs to move on this. It appeared that there was some
urgency, but he did not get any kind of a date from Mr. Orton.
Gordon Law, City Engineer, stated that the urgency was in the possibility that this may be funded in this fiscal year instead
of the next one.
MOVED by Hopper, SECONDED by Blacker to approve this resolution contingent on Item 11.4 going away and if Item
11.4 is going to be modified, then it should be brought back to council.
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
$785,361.41 for the period ending August 16, 2007, a net payroll in the amount of $244,805.05 for the pay period ending
August 4, 2007.
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MOVED by Callsen, SECONDED by Wells that accounts payable in the amount of $785,361.41 represented by check
numbers 45954 through 46275 and the total payroll in the amount of $244,805.05 represented by check numbers 13458
through 13530 and 13836 through 13849 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)
All the council members commented on the success of the Caldwell Night Rodeo.
Councilman Wells spoke about the generator at the Caldwell Night Rodeo. The generator was supposed to be reconfigured
last year. He requested that this be taken care of for future use.
Councilman Wells reported on the meeting he attended with the National Parks Service. He then attended another meeting
with Ada County regarding a grant with the National Parks Service. They are in the process of formulating a committee
that will develop a greater working relationship between Ada County and Canyon County and, in the process, taking the
greenbelt along the Boise River all the way to the Snake River. Wells was put on an interim committee and other council
members are welcome to attend. They would like to get a chairman from Canyon County.
(MAYOR'S COMMENTS)
Mayor commented on the success of the rodeo and the wonderful people and crowds. It was Randy Corley's, the
announcer, 25"' anniversary with the city of Caldwell and he wrote a Proclamation declaring August 18"' as Randy Corley
Day.
Blues in the Park this last weekend was a popular and wonderful event. This is a partnership between the City and Jerry
Hardy that was established ten years ago.
Chief Sobba's official retirement party is at 3:00 on Thursday, August 23`
August 26"' at 1:00 in Memorial Park is the Farm Worker's Appreciation Day.
The next City Council Meeting will be held on Tuesday, September 4
September 11"', 12"', and 13"', the Mayor will be attending a conference for Homeland Security in Coeur d'Alene.
The Mayor commented on the wireless system. The City is working with Cisco to make improvements, but he has already
written a letter to Cisco stating that they either make it right or Mr. Hilty will get involved.
(EXECUTIVE SESSION PERSUANT TO IDAHO STATE CODE 67 -2345, PARAGRAPH B, PERTAINING TO
PERSONNEL ISSUES)
MOVED by Hopper, SECONDED by Callsen to convene at 8:24 p.m. into Executive Session pursuant to Idaho State
Code 67 -2345, paragraph b, for the purpose of discussing personnel.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Wells, Blacker, and Oates. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to reconvene into Regular City Council Meeting.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Wells, and Blacker. Those voting no: none. Absent
and /or not voting: none.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:36 p.m.
Those voting yes: unanimous.
MOTION CARRIED
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