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Home My WebLink About2008-10-06city council minutesBOOK 49 REGULAR MEETING OCTOBER 6, 2008 7:00 P.M. PAGE 164 The Meeting was called to order by Mayor Nancolas. He noted that the workshop to be held at 6:00 p.m. was cancelled. The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan and Sobba. He noted that Councilman Hopper and Dakan were attending the meeting via telephone conference. SPECIAL PRESENTATIONS Councilman Callsen reported that he recently attended the Emergency Preparedness Fair on September 2, 2008 where the City of Caldwell was presented a plaque and acknowledged along with the cities of Boise, Meridian, Garden City, Eagle, Nampa, Star, and Kuna as the most secure cities in which to live and work by Farmers Insurance. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by adding Item No. 17 to the Consent Calendar to read: "Approve request to revise the employee personal vehicle mileage reimbursement rate from $.44 to $.48 per mile." and remove the wording "Virginia Park Subdivision Phase No. 6" from Item No. 1 under New Business. Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor recognized Ms. Janette Jackson, American Government teacher from Caldwell High School. She asked that her students introduce themselves. The Mayor also acknowledged a student from the College of Idaho Political Science Class who was in attendance. 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 City Council Workshop Special Meetings held on September 22, 2008; the Regular City Council Meeting held on September 22, 2008; the Mayor's Youth Advisory Council Meeting held on September 17, 2008; and the Caldwell Historic Preservation Commission Meeting held on June 23, 2008; 2. Approve Order of Decision for Case No. SUB- 193P -08 (Sawgrass East preliminary plat); 3. Approve Order of Decision and Development Agreement for Case No. ANN - 172 -08 (Strikwerda annexation); 4. Approve Order of Decision and Amended Development Agreement for Case No. SUB- 192P -08 (Enochs Commercial preliminary plat); 5. Approve Resolution No. 150 -08 accepting a Water -Meter Billing and Maintenance Agreement for Faith Landing Condominiums; 6. Approve Resolution No. 149 -08 authorizing the execution of the Warranty Deed for property located on Marble Front Road from the City of Caldwell to the Caldwell East Urban Renewal Agency; 7. Approve Resolution No. 151 -08 accepting a Right -of -Way Deed from Fairview Golf Course for right -of -way along 10th and Logan; 8. Approve Resolution No. 152 -08 accepting a Right -of -Way Deed from MC Ventures, LLC for right - of -way along South Montana Avenue and Ustick Road; 9. Approve Resolution No. 153 -08 authorizing a waiver of the water connection fees for the new Griffith Park Hardball Field; 10. Approve Resolution No. 154 -08 authorizing a waiver of the building permit and water connection fees for the new Pipe Dream Park restroom; 11. Approve Resolution No. 155 -08 authorizing the trustees of the City of Caldwell Employee Benefit Plan to execute agreements between the City of Caldwell Benefit Plan Trust, Delta Dental of Idaho, and Blue Cross of Idaho; 12. Approve Resolution No. 156 -08 authorizing the trustees of the City of Caldwell Employee Benefit Plan to execute the Renewal Contract between the City of Caldwell Employee Benefit Plan Trust and Delta Dental of Idaho; 13. Approve acceptance of the Edward Byrne Memorial Justice Assistance Grant award in the amount of $42,443 to be equally shared with the City of Caldwell, Canyon County Sheriff's Office, and the Nampa Police Department; 14. Approve request for a Professional Services Contract extension for John Watson from September 30, 2008 to December 31, 2008; 15. Approve request to purchase a Fiduciary Liability Insurance Policy for the Caldwell Employee Benefit Plan Trust; BOOK 49 PAGE 165 16. Approve Taxi Cab License request from Robert L. Waltman of Canyon County Cab for the term of October 6, 2008 through December 31, 2008. 17. Approve request to revise the employee personal vehicle mileage reimbursement rate from $.44 to $.48 per mile. [added] MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. Those voting yes: unanimous. OLD BUSINESS: MOTION CARRIED (CONSIDER BILL NO. 36 [ORDINANCE 27561 FOR CASE NO. ANN - 172 -08 (STRIKWERDA ANNEXATION) WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION. The Mayor read Bill No. 36 (Ordinance No. 2756) by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C -3 (SERVICE COMMERCIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215. MOVED by Callsen, SECONDED by Blacker to waive the three reading process and consider Bill No. 36 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 36, move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED CONTINUED PUBLIC HEARING: CASE NO. ZON -59 -08 & SUP - 312 -08 (TOM NEEDHAM) [The item was withdrawn per the request of the applicant] NEW BUSINESS: (CONSIDER BILL NO. 49 [ORDINANCE 27691 TO APPROVE ANNEXATION TO THE MUNICIPAL IRRIGATION DISTRICT FOR MARBLE HEIGHTS SUBDIVISION, 4321 SOUTH 10 AVENUE, 3215 DORMAN AVENUE, AND 510 USTICK ROAD WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland Blvd, noted that this was a voluntary annexation request into the Caldwell Municipal Irrigation District. The Mayor read Bill 49 (Ordinance 2769) by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Callsen, SECONDED by Blacker to waive the three reading process and consider Bill No. 49 on its first reading by title only. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 49 and move for its passage. BOOK 49 PAGE 166 Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NO. ACI -02 -08 A REQUEST MADE BY THE CITY OF CALDWELL TO EXPAND ITS AREA OF IMPACT BOUNDARY SOUTH TO LONE STAR ROAD. SEVERAL LARGE TRACTS OF LAND IN THIS REGION HAVE ALREADY BEEN ANNEXED INTO THE CITY OF CALDWELL. THE PURPOSE OF THIS AREA OF IMPACT EXPANSION IS TO PLAN FOR FUTURE INFRASTRUCTURE AND LAND USE FOR THE REMAINDER OF SAID REGION) The Mayor noted that a public workshop was previously held concerning this item and negotiations for the Area of Impact expansion have been ongoing with the City of Nampa for approximately three years. Brian Billingsley, 621 Cleveland Blvd, presented the staff report and outlined the facts as written. Mr. Billingsley noted that the City of Nampa and the City of Caldwell are in agreement concerning the proposed expansion of the Area of Impact. This item will now be presented to the Canyon County Commissions for approval. He presented the Comprehensive Plan Map (which the Mayor labeled as CC- 1000), the proposed Area of Impact Map (which the Mayor labeled as CC- 1001), a letter from Norman Holmes, City of Nampa Planning & Zoning Director (which the Mayor labeled CC- 1002), and a copy of the Public Hearing Notice from the City of Nampa (which the Mayor labeled as CC- 1003). Mr. Billingsley reported that the Planning & Zoning Commission recommended approval of the request with the provision that the City of Nampa adopt the request with the exact same boundaries as the proposal. Councilman Hopper expressed his appreciation to the Mayor and City staff for their diligence in negotiating the Area of Impact proposal in cooperation with the City of Nampa. EVIDENCE LIST FOR CASE NO. ACI -02 -08 (Area of Impact Expansion): The Mayor presented the Evidence List: staff report, sign up sheets, CC -1000 (Comprehensive Plan Map presented by Brian Billingsley), CC -1001 (Proposed Area of Impact Map presented by Brian Billingsley), CC -1002 (letter from Norman Holmes presented by Brian Billingsley), and CC -1003 (Public Hearing Notice from the City of Nampa presented by Brian Billingsley) MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: unanimous. MOVED by Oates, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED (APPROVE RESOLUTION NO. 147 -08 AUTHORIZING THE PLANNING AND ZONING DIRECTOR TO PETITION THE CANYON COUNTY BOARD OF COMMISSIONERS TO AMEND THE AREA OF CITY IMPACT MAP AND RENEGOTIATE THE JOINT EXERCISE POWER OF AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY) The Mayor read Resolution No. 147 -08 by title only: RESOLUTION ENACTED BY THE CALDWELL CITY COUNCIL AUTHORIZING THE PLANNING AND ZONING DIRECTOR TO PETITION THE CANYON COUNTY BOARD OF COMMISSIONERS TO AMEND THE AREA OF CITY IMPACT MAP AND RENOGIATE THE JOINT EXERCISE POWER OF AGREEMENT BETWEEN THE CITY OF CALDWELL AND CANYON COUNTY. MOVED by Callsen, SECONDED by Blacker to approve Resolution No. 147 -08. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: [CONTINUED TO NOVEMBER 17, 20081 CASE NO. OA- 105 -08 A REQUEST MADE BY THE CITY OF CALDWELL TO ADOPT A PUBLIC FACILITIES PLAN AND FUTURE ACQUISITIONS MAP. THE PLAN IS INTENDED TO BECOME A GUIDE FOR THE LOCATION AND PLACEMENT OF FUTURE PUBLIC BUILDINGS) The Mayor noted that this item was continued to November 17, 2008 per the request of City staff. BOOK 49 PAGE 167 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $909,665.03 for the pay period ending September 30, 2008 and a net payroll in the amount of $255,282.62 for the pay period ending September 27, 2008. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $909,665.03 represented by check numbers 55381 through 55832 and the total payroll in the amount of $522,789.77 presented by check numbers 16198 through 16333 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 Oates announced that the ILS approach control system has been replaced by a GPS approach systems at the Caldwell Industrial Airport on September 25, 2008. The approach plates were published and authorized by the FAA. Councilman Blacker noted that there is a possible future development being planned in the old Ashley Furniture site on Cleveland Boulevard. Councilman Sobba represented the City at the YMCA walk on Saturday, October 4 t '. (MAYOR'S COMMENTS) The Mayor reported that the neat Third Thursday Town Talk session on October 23` will held in the CPD Community Room. Mark Wendelsdorf, Fire Chief, will be speaking about fire services and prevention. The Town Hall Public Meeting regarding the Downtown Catalyst Project will be held on Wednesday, October 22, 2008. The meeting will be held at the Caldwell Center for the Arts at 6:00 p.m. An update will also be given that evening concerning FEMA issues. A Mayor's Youth Advisory Council fundraiser event will be held on October 30, 2008 at the Caldwell High School. The Mayor's Old Guys will be playing against the Harlem Globe Trotters. The DARE/PAL Halloween Party will be held on October 31" at the O'Conner Event Center from 5:00 — 8:00 p.m. (ADJOURNMENT) MOVED by Blacker, SECONDED by Hopper to adjourn at 7:40 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 20 DAY OF OCTOBER 2008. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk