HomeMy WebLinkAbout2008-11-03city council minutesBOOK 49
REGULAR MEETING
NOVEMBER 3, 2008
7:00 P.M.
PAGE 178
The Meeting was called to order by Mayor Nancolas. He noted that a workshop was conducted at 6:00
p.m. for the purpose of discussing text amendments to Chapter 11 of the City Code dealing with
subdivisions.
The Mayor asked everyone to stand for the invocation lead by Geoff Williams of the Montana Avenue
Baptist 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.
SPECIAL PRESENTATIONS
The Mayor acknowledged eighteen Cub Scouts and leaders who were in attendance. He also
acknowledged Mr. Ron Fortner, U.S. Government teacher from the Caldwell High School and asked
the students to introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item #18 under the
Consent Calendar and add Item #6(a) under New Business as an Executive Session pursuant to Idaho
Code, Section 67 -2345, Subsection (a) for the purpose to consider hiring a public officer, employee,
staff member or individual agent.
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 Meeting (Workshop) held on
October 20, 2008; the Regular City Council Meeting held on October 20, 2008; the Special City
Council Meeting (Town Hall Meeting) held on October 22, 2008; the Caldwell Public Library
Board Meeting held on September 4, 2008; and the Historic Preservation Commission Meetings
held on July 28, 2008, August 25, 2008; and September 22, 2008;
2. Approve Resolution No. 160 -08 accepting the Quitclaim Deed from Earl L. Roemer and Carol
Roemer for right -of -way to complete conditional requirements for the vacation request associated
with Ordinance 2771;
3. Approve Resolution No. 161 -08 accepting the Quitclaim Deed from American General Financial
Services (DE), Inc. for right -of -way to complete conditional requirements for the vacation request
associated with Ordinance 2771;
4. Approve Resolution No. 162 -08 accepting the Quitclaim Deed from Byron J. Blackburn and
Valerie Rol - Blackburn for right -of -way to complete conditional requirements for the vacation
request associated with Ordinance 2771;
5. Approve Resolution No. 163 -08 accepting the Quitclaim Deed from Michael W. Benedick and
Carol L. Benedick for right -of -way along Ash and Arlington Avenue;
6. Approve Resolution No. 164 -08 accepting dedication of sewer, water, and street light facilities
from North Pole, LLC for Caldwell Crossing Subdivision;
7. Approve Resolution No. 165 -08 accepting dedication of sewer, water, and street light facilities
from Liquid Realty, Inc. for Dakota Crossing Subdivision Phase No. 1;
8. Approve Resolution No. 166 -08 authorizing the execution of the Deferral Agreement with
Alfonso Ramon Mendoza and Maria Luisa Morena AKA Maria Mendoza for curb, gutter,
sidewalk, street paving, storm drainage facilities, and sanitary sewer for frontage on Logan Street;
9. Approve Resolution No. 167 -08 authorizing the execution of the Mutual Assistance Compact
Memorandum of Understanding for the 2008 and 2009 Special Olympics USA Winter Games and
the 2009 Special Olympics World Games Idaho USA;
10. Approve Resolution No. 168 -08 authorizing the execution of the 2008 -09 Addendum to the
Second Amended Joint Powers Agreement with the Caldwell Rural Fire Protection District;
11. Approve Resolution No. 169 -08 authorizing the execution of Amendment Eighteen to the
Agreement for Operations and Maintenance Services Contract with PSG (Veolia) for the
Wastewater Treatment Plant;
12. Approve Resolution No. 170 -08 authorizing the execution of Amendment #18A to Agreement for
Consulting Services with MWH Americas, Inc. for the Wastewater Treatment Plant;
13. Approve Resolution No. 171 -08 authorizing the execution of Change Order No. 11 to Agreement
for Construction Services with MWH Americas, Inc. for the Wastewater Treatment Plant
Improvements Phase 4;
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14. Approve Resolution No. 172 -08 authorizing the execution of Change Order No. 12 to Agreement
for Construction Services with MWH Americas, Inc. for the Wastewater Treatment Plant
Improvements Phase 4;
15. Approve Resolution No. 173 -08 authorizing the execution of Change Order No. 13 to Agreement
for Construction Services with MWH Americas, Inc. for the Wastewater Treatment Plant
Improvements Phase 4;
16. Approve Resolution No. 174 -08 authorizing the adoption of the Identity Theft Prevention
Program;
17. Approve Resolution No. 175 -08 authorizing the execution of a Professional Service Contract with
BDPA, Inc. for the purpose of updating the City of Caldwell's 1999 -2000 Affirmative Action
Compliance Plan;
18. Approve letter from the City of Caldwell to the Environmental Protection Agency regarding the
Municipal Separate Storm Sewer System Permit comments. [removed]
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Those voting yes: unanimous.
MOTION CARRIED
OLD BUSINESS:
(RECONSIDERATION OF BILL NO. 51 [ORDINANCE 27711 TO APPROVE THE REQUEST
FOR VACATION OF RIGHT -OF -WAY AT 2620 MONTANA AVENUE WITH A REQUEST
TO WAIVE THE RULES AND PASS ON THE FIRST READING)
Mark Hilty reported that this ordinance was brought back for reconsideration due to a technicality with
the parcel's legal description.
The Mayor read the ordinance by title only:
AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLIC RIGHT -OF -WAY AND
RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID
PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID
FOLLOWING RIGHT -OF -WAY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO.
MOVED by Callsen, SECONDED by Dakan to waive the three reading process and consider Bill No
51 on its first reading by title only.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Hopper.
MOTION CARRIED
MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 51 and move for its passage.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Hopper.
MOTION CARRIED
(CONTINUED PUBLIC HEARING FROM 9 -22 -08 [QUASI - JUDICIAL]: CASE NO. ANN -173-
07 /SUB- 194P -08 A REQUEST BY GRAND SLAM LLC, PRESTON NICHOLES AND
TOOTHMAN - ORTON ENGINEERING FOR ANNEXATION OF 24.03 ACRES WITH A C -3
SERVICE COMMERCIAL ZONE, A DEVELOPMENT AGREEMENT AND PRELIMINARY
PLAT APPROVAL OF THE OASIS COMMERCIAL SUBDIVISION CONSISTING OF 20
COMMERCIAL LOTS. THE SITE IS LOCATED ON THE NORTH SIDE OF HOMEDALE
ROAD AND THE WESTERLY SIDE OF CLEVELAND BOULEVARD, ADDRESSED AS 6804
CLEVELAND BOULEVARD)
The Mayor declared the public hearing continued and open.
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in, presented the staff report, and
outlined the facts as written. She noted the amendments made to the development agreement regarding
traffic signalization mitigation issues. A letter was received from Darrin Taylor, applicant's attorney,
concerning changes to the development agreement. Staff has been in contact with Patrick Colwell,
applicant's engineer, concerning these changes dealing with the traffic signal mitigation, the right turn
lane, and real estate signage. The applicant concurs with changes made to the development agreement,
which now states: "The intersection of Homedale Road and Cleveland Boulevard has already been
signalized and the 61.6 percent required traffic signal mitigation shall not be attributed to the
Homedale /Cleveland intersection except as necessary to adjust the existing Homedale /Cleveland traffic
signal to accommodate the required right -turn lane on Homedale Road. The traffic signal mitigation of
61.6 percent shall be constructed or paid in equitable portions per each of the five phases of the planned
subdivision.
Ms. Skinner continued: "The following shall be required based on additional delays introduced at the
intersection of Cleveland and Homedale by the site's traffic: 1) Construct a south - bound, right -turn lane
at the intersection of Homedale and Cleveland Boulevard, 2) Provide the necessary right -of -way in
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addition to the minimum to accommodate the right turn lane with two feet to spare behind the sidewalk.
Accomplishment of this item will require design review by the City Engineer." She noted that the
applicant conceded with this requirement stating that the two shared approaches on Cleveland Boulevard
would be right - in/right -out only. The applicant requested a credit adjustment to the traffic signal
mitigation, the additional right -of -way, and the design /construction/installation of the right -turn lane
credited toward the 61.6 percent. The applicant also requested concession regarding real estate signage
at the site. Staff felt that Council should determine if the cost of the construction of the right turn lane
should be credited towards the 61.6 percent.
Brent Orton, 621 Cleveland Blvd., acknowledged being sworn in and reviewed statistical information
relating to the traffic study and traffic signalization mitigation issues.
Mark Hilty, 1303 12"' Avenue Road, Nampa, acknowledged being sworn in. He reported that legal
issues were raised in the original public hearing by the applicant. He recommended that the hearing be
continued again for further review of the contested development agreement conditions.
Patrick Colwell, Toothman -Orton Engineering at 524 Cleveland Boulevard, acknowledged being sworn
in. He expressed his concern with the required right -turn lane on the southeast -bound movement. He
presented a chart indicating the PM Peak Hour Southbound Traffic, which the Mayor labeled as CC-
1002. He requested that the applicant only be required to pay for a 6 percent portion of the signalization
light and receive 94 percent credit toward traffic signalization improvements.
Preston Nichols, 15742 Cleveland Boulevard, acknowledged being sworn in and spoke in the favor of
the development. He noted that there would be approximately $750,000 in overhead costs regarding
Homedale Road improvements. He requested that the request for annexation be approved.
Matt Schultz, 2127 S. Alaska, Meridian, acknowledged being swom in. He noted that he represents
Faith Landing Development located across Cleveland Boulevard from the proposed development. He
presented a handout concerning the Homedale & Cleveland Boulevard intersection, which the Mayor
labeled as CC -1003. He expressed his concern regarding signalization compensation issues and
potential proportionate share alternatives with Faith Landing.
Wyatt Johnson, 3649 N. Lakeharbor Lane, Boise, acknowledged being sworn in and presented a
summary of his comments concerning the development, which the Mayor labeled the exhibit as CC-
1004. He requested modification of the proposed traffic mitigation condition: 1) remove all prohibition
against the ability to credit the traffic mitigation requirement against an actual cost sharing with
Shawnee with respect to the construction of the signal at the Cleveland - Homedale intersection; and 2)
require to allow the developers of Oasis subdivision to "pay to Shawnee Development Corporation, the
developers of Faith Landing subdivision 61.6 percent of the actual signalization improvement costs
incurred for the signal constructed at the intersection of Cleveland and Homedale" in satisfaction of the
requirement for signal construction as traffic mitigation.
In rebuttal, Matt Colwell noted that Oasis Commercial Subdivision is not affiliated with Faith Landing.
He reported that the developer is ready to move forward with consideration regarding the re-
compensation percentage as discussed in earlier testimony.
In response to questions from Councilman Oates, Mark Hilty suggested that city staff review the
development agreement for potential liability issues.
MOVED by Oates, SECONDED by Blacker to continue the hearing to the next Regular City Council
Meeting to be held on November 17, 2008 at 7:00 p.m. allowing for staff to further review the current
development agreement document.
Councilman Callsen questioned if the comments made by Faith Landing could be considered by staff
within the review process.
The Mayor suggested that Mr. Schultz and Mr. Johnson contact city staff regarding their concerns
relating to reimbursement of proportionate costs for traffic signalization.
Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Hopper.
MOTION CARRIED
The Mayor called for a short recess.
NEW BUSINESS:
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST MADE BY THE CITY CLERK FOR
TEXT AMENDMENTS TO THE CITY CODE REGARDING CHAPTER 6, ARTICLE 7,
SECTION 06 -07 -13 RELATING TO QUALIFICATIONS OF LICENSEES FOR SALE OF
ALCOHOLIC BEVERAGES)
Mark Hilty, 1303 12"' Avenue, Nampa presented the staff report and outlined the proposed text
amendment changes. Discussion followed concerning licensing requirements.
MOVED by Oates, SECONDED by Blacker to close the public hearing
Those voting yes: unanimous.
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MOTION CARRIED
(CONSIDER BILL 53, [ORDINANCE 27731 TO APPROVE THE REQUEST FOR TEXT
AMENDMENTS TO THE CITY CODE REGARDING CHAPTER 6, ARTICLE 7, SECTION 06-
07-13 RELATING TO QUALIFICATIONS OF LICENSEES FOR SALE OF ALCOHOLIC
BEVERAGES WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING,
AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read Bill 53 (Ordinance 2773) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6,
ARTICLE 7, SECTION 06- 07 -13, RELATING TO QUALIFICATIONS OF LICENSEES FOR SALE
OF ALCOHOLIC BEVERAGES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Oates, SECONDED by Blacker to waive the three reading process and consider Bill No
53 on its first reading by title only.
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 sponsor Bill No. 53, move for its passage, and approve
the summary for publication.
Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Hopper.
MOTION CARRIED
(CONSIDER BILL 54 [ORDINANCE 27741 TO APPROVE ANNEXATION TO THE
MUNICIPAL IRRIGATION DISTRICT FOR AZURE PLACE SUBDIVISION, PHEASANT
RUN SUBDIVISION NO. 6 [EXCEPT LOT 11, BOCK 11 WHICH WAS PREVIOUSLY
ANNEXED INTO CMID], SKY RANCH BUSINESS CENTER PHASE 3, AND 11792 LINDEN
STREET WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST
READING)
The Mayor read Bill 54 (Ordinance 2773) 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 Blacker, SECONDED by Oates to waive the three reading process and consider Bill No.
54 on its first reading by title only.
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 Oates, SECONDED by Blacker to sponsor Bill No. 54 and move for its passage.
Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none.
Absent and/or not voting: Hopper.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $707,881.64 for the pay period ending October 29, 2008 and a net payroll in the amount of
$274,742.30 for the pay period ending October 25, 2008.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $707,881.64
represented by check numbers 56153 through 56494 and the total payroll in the amount of $274,742.30
presented by check numbers 16486 through 16547 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 49
(COUNCIL COMMENTS)
PAGE 182
Councilman Dakan reported on the basketball game held at the Caldwell High School with the Old
Guys vs. the Harlem Globe Trotters.
Councilman Oates reported that the Airport Commission has undertaken the responsibility for updating
the Airport Master Plan.
Councilman Blacker reported that he recently attended a luncheon to meet Union Pacific local and
regional representatives. It was a very positive session.
(MAYOR'S COMMENTS)
The Mayor reported that the ribbon cutting event at the new Caldwell Skate Park was well attended.
He expressed appreciation for Council's support of the Mayor's Youth Advisory Council (MYAC)
with their involvement concerning this project. Councilman Blacker suggested that members of the
MYAC report on what they learned through this experience of planning and implanting this project.
The Mayor agreed with this request.
The Mayor noted that the Dare /Pal Halloween Party had approximately 1,000 children in attendance.
The Light Up Caldwell - Winter Wonderland event is scheduled for Friday, November 21 at 6:00 p.m.
This is a city- sponsored, tree - lighting event held in conjunction with the grand opening of the Train
Depot Interpretive Center open house.
He will be gone from the office from November 4 -9, 2008 on vacation. He will be attending the
National League of Cities on November 10 -16.
The Mayor reported that the name of "Pipedream Park" has been discussed regarding the park site
located along Hwy. 20/26. It was determined that allowance should e given to hear discussion of
potential names for the park by the Mayor's Youth Advisory Council at the next Regular City Council
Meeting scheduled on November 17''.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (A)
FOR THE PURPOSE TO CONSIDER HIRING A PUBLIC OFFICER, EMPLOYEE, STAFF
MEMBER, OR INDIVIDUAL AGENT)
MOVED by Oates, SECONDED by Blacker to convene into an Executive Session pursuant to Idaho
State Code 67 -2345, subsection 1(a) for the purpose to consider hiring a public officer, employee, staff
member, or individual agent at 9:05 p.m.
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 the Regular Council Meeting at 9:09
p.m.
Those voting yes: unanimous. Those absent: Hopper.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Hopper to adjourn at 9:09 p.m.
Those voting yes: unanimous. Those absent: Hopper.
MOTION CARRIED
MOTION CARRIED
APPROVED AS written THIS 17th DAY OF NOVEMBER _ 2008.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk
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