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HomeMy WebLinkAbout2009-12-07city council minutesBOOK 50 REGULAR MEETING DECEMBER 7, 2009 7:00 P.M. PAGE 165 The Mayor reported that a public workshop was conducted at 6:00 p.m. for the purpose of viewing a presentation by the Idaho Transportation Department regarding the Highway 55 Corridor Study. No action was taken or decisions made. Information was rendered by City Staff. The Mayor asked that everyone stand for the invocation offered by Pastor Gerald Crownover of the Assembly of God 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, Hopper, Callsen, Dakan, and Sobba (via phone). Those absent: none. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Blacker to amend the agenda by continuing Item #6 under New Business to the next City Council Meeting to be held on December 21, 2009 at 7:00 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 AUDIENCE PARTICIPATION The Mayor welcomed Mr. Ron Fortner, U.S. History and U.S. Government teacher at Caldwell High School. The students were asked to stand and introduce themselves. 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 Meetings held on November 16, 2009 and November 23, 2009; the Regular City Council Meeting held on November 16, 2009; the Caldwell Industrial Airport Commission Meeting held on November 5, 2009; and the Caldwell Hearing Examiner Meeting held on November 10, 2009; 2. Approve Resolution No. 171 -09 authorizing the Mayor to approve the Memorandum of Agreement with the Idaho State Historic Preservation Office for CLG Funding for the period of October 1, 2009 through August 30, 2010; 3. Approve Order of Decision for Case No. OA- ZON -66 -09 (Deide -Wood rezone); 4. Approve Resolution No. 172 -09 accepting a Quitclaim Deed from Copper Creek Development, LLC for right -of -way development for the Copper Creek Subdivision; 5. Approve Resolution No. 173 -09 accepting a Quitclaim Deed from Rick Reynolds, Inc. for right -of- way development along Arthur Street; 6. Approve Resolution No. 174 -09 accepting the dedication of sewer, water, storm drain, and street light improvements from Teleos Partners, LLC for Cedar Crossing Subdivision, No. 1; 7. Approve Resolution No. 175 -09 accepting the dedication of sewer, water, and storm drain improvements from Vallivue School District for Lakevue Elementary off -site; 8. Approve Resolution No. 176 -09 accepting the dedication of sewer, water, storm drain, and street light facilities from Sawgrass Village, LLC for Sawgrass Village Subdivision, Phase No. 1; 9. Approve Resolution No. 177 -09 authorizing the execution of a Deferral Agreement with Rick Reynolds, Inc. to construct public improvements along Arthur Street; 10. Approve Resolution No. 178 -09 authorizing execution of the Mutual Assistance Compact establishing the City County Narcotics Unit; 11. Approve Resolution No. 179 -09 authorizing approval of a request to waive plan review and building permit fees associated with the Caldwell Fire Department Training Station; 12. Approve Resolution No. 180 -09 authorizing approval of the Caldwell Industrial Airport Driver's Manual; 13. Approve grant submittal by the Caldwell Police Department for a Project Safe Neighborhoods Grant in the amount of approximately $71,000 per year for a maximum of three years for the Caldwell Street Crimes Unit; 14. Approve the appointment of Bonny Smith to the Caldwell Public Library Board of Trustees for a two (2) year term ending December 31, 2011. MOVED by Callsen, SECONDED by Oates to approve the Consent Calendar as presented. 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 BOOK 50 OLD BUSINESS: PAGE 166 (CONSIDER BILL NO. 25 [ORDINANCE NO. 28071 FOR CASE NUMBER ZON -66 -09 [DEIDE -WOOD REZONE] 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 DETERMINING THAT CERTAIN LANDS LAY WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE C-3 (SERVICE COMMERCIAL) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No 25 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 25 move for its passage, and approve the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED NEW BUSINESS: (CONSIDER THE MAYOR'S RECOMMENDATION FOR APPOINTMENT OF THE PUBLIC WORKS DIRECTOR/CITY ENGINEER EFFECTIVE IMMEDIATELY THROUGH DECEMBER 31, 2010) The Mayor stated that a selection committee comprised of citizens and business representatives from the community was formulated to conduct interviews concerning the Public Works Director /City Engineer position. The top two candidates were interviewed by the Mayor and Council President, Jim Blacker. The Mayor presented the name of Brent Orton to be appointed as the Caldwell Public Works Director /City Engineer effective immediately through the 2010 calendar year. He expressed appreciation to Larry Osgood for having served as the interim director for approximately 24 months since his retirement with the State of Idaho. Mr. Osgood will no longer serve as the interim director but will assume a part-time position within the Engineering Department. MOVED by Hopper, SECONDED by Blacker to accept the Mayor's recommendation and appoint Brent Orton as the Public Works Director /City Engineer effective immediately through the remaining 2009 calendar year and 2010 calendar year. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER APPROVAL OF RESOLUTION NO. 181 -09 ADOPTING THE CASH & INVESTMENT RISK POLICY AS RECOMMENDED BY THE CITY TREASURER) E1Jay Waite, 411 Blaine Street, presented the staff report. He noted that the policy outlines the four major credit risks and the current practices followed by the City when investment risks are addressed. The audit reviews these procedures and judges how well the City preserves the integrity of these funds by using the policy. He recommended its approval. In response to questions from Councilman Blacker, Mr. Waite stated that all investments are reviewed very closely and most investments stay within the upper tiers. He also noted that investments are diversified within insured banking institutions or State funds. In response to questions from Councilman Hopper, Mr. Waite noted that the policy summarizes the procedure which has been followed for many years in accordance with State statues. The Mayor read Resolution 181 -09 as follows: RESOLUTION AUTHORIZING THE EXECUTION OF THE CITY OF CALDWELL CASH & INVESTMENT RISK POLICY AS RECOMMENDED BY THE CITY TREASURER. BOOK 50 PAGE 167 BE IT HEREBY RESOLVED by the Mayor and Council of the City of Caldwell, Idaho, that the Caldwell City Council has approved the execution of the City of Caldwell Cash & Investment Risk Policy as recommended by the City Treasurer made a part hereof as set forth in full. MOVED by Hopper, SECONDED by Dakan to approve Resolution No. 181 -09 adopting the Cash and Investment Risk Policy as recommended by the City Treasurer pending the correction of typographical errors located within the body of the document. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 33 [ORDINANCE NO. 28151 TO APPROVE ANNEXATION TO THE MUNICIPAL IRRIGATION DISTRICT FOR SAWGRASS VILLAGE NO. 1 SUBDIVISION WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance 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 Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No 33 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 33 and move for its passage. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER SUB- 203P -09 A REQUEST BY CONCEPT INVESTMENTS LLP, O'REILLY AUTOMOTIVE INC. AND LANDMARK ENGINEERING AND PLANNING FOR A COMMERCIAL SUBDIVISION LOCATED IN A C -3 SERVICE COMMERCIAL ZONE AND AN M -1 LIGHT INDUSTRIAL ZONE AT THE NORTHEAST CORNER OF TATES WAY AND CLEVELAND BOULEVARD) The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those who would be giving public testimony. Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report as written. She noted that the parcel will be developed within three phases with two lots within each phase. The lot is surrounded by commercial and industrial uses and are all zoned C -3. The landscaping requirements have been met and the parking requirements will be met at the time of the building permit submittal. Clint Boyle, Landmark Engineering, 332 N. Broadmore Way, Nampa, acknowledged being sworn in and spoke in favor of the application. He stated that the request complies with the City Comprehensive Plan and Zoning Ordinance. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB- 203P -09: The Mayor presented the Evidence List: staff report, sign -up sheets, and the site plan as provided in the packet. MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: unanimous. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS ON CASE NO. SUB- 203P -09: MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. BOOK 50 PAGE 168 Those voting yes: unanimous. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 203P -09: MOVED by Hopper, 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 provided, and note that there was no opposition to the request. Those voting yes: unanimous. CONCLUSIONS OF LAW ON CASE NO. SUB- 203P -09 MOTION CARRIED MOVED by Hopper, 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. Those voting yes: unanimous. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB- 203P -09 MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 203P -09, a request by Concept Investments LLP, O'Reilly Automotive Inc and Landmark Engineering and Planning for preliminary plat approval of O'Reilly Subdivision consisting of 6 lots on 2.25 acres in a C -3 Service Commercial zone and an M -1 Light Industrial zone is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER SUB- 109(E) -04 A REQUEST BY WASHINGTON TRUST BANK, TO ENGINEERS AND LAND PRO DEVELOPMENT INC. FOR A TIME EXTENSION FOR WHITNEY SPRINGS SUBDIVISION. THE SITE IS LOCATED ON THE SOUTH SIDE OF USTICK ROAD APPROXIMATELY 900 FEET EAST OF MIDDLETON ROAD) Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report as written. She noted that the original application indicated completion of the development within five (5) phases. To date, two phases have been recorded with ninety -two residential lots still outstanding. The request meets all ofthe criteria for atime extension. In response to questions from Councilman Hopper, Mr. Orton noted that the infrastructure has been completed for Phases I & II. Shawn Brownlee, 2364 S. Titanium Place, Meridian, was sworn in by the City Clerk. He noted that he represented Washington Trust Bank. Bank staff was conducting a feasibility analysis on the development when they noticed that the entitlements were ready to expire. MOVED by Blacker, SECONDED by Dakan to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB- 109(E) -04: The Mayor presented the Evidence List: staff report and sign -up sheets. MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: unanimous. FINDINGS OF FACT ON CASE NO. SUB- 109(E) -09: 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 in this matter, the evidence list that was provided, and note that there was no opposition to the request. Those voting yes: unanimous. MOTION CARRIED BOOK 50 PAGE 169 CONCLUSIONS OF LAW ON CASE NO. SUB- 109(E) -09: MOVED by Hopper, 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. Those voting yes: unanimous. ORDER OF DECISION ON CASE NO. SUB- 109(E) -09 MOTION CARRIED MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 109(E) -04, a request by Washington Trust Bank and Land Pro Development Inc. for a time extension for preliminary plat approval of Whitney Springs Subdivision is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. Those voting yes: unanimous MOTION CARRIED (PUBLIC HEARING [QUASI- JUDICIAL]: CASE NUMBER SUB- 122[E] -05 A REQUEST BY CIRRUS POINTE LLC, COMBS LAND DEVELOPMENT, INC. AND CONGER MANAGEMENT GROUP FOR A TIME EXTENSION FOR CIRRUS POINTE SUBDIVISION. THIS SITE IS LOCATED ON INDIANA AVENUE, NORTH OF ORCHARD AVENUE AND SOUTH OF KARCHER ROAD) By previous motion, this item was continued to the next City Council Meeting to be held on December 21, 2009. (PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 123 -09 A REQUEST BY THE BUILDING DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT TO AMEND SECTION 12- 07 -13, CONCERNING ELECTRICAL REQUIREMENTS, OF THE CALDWELL CITY CODE) Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report as written. She noted that a developer had expressed concern with this portion of the current City Code since it requires a specific type of wiring throughout all commercial, industrial, and Group - R/Division- lbuildings. The current requirement exceeds the current International Building Code requirements. The Building Official researched the request and submitted the proposed text amendment, which is in accordance with the International Building Code. MOVED by Blacker, SECONDED by Dakan to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 32 [ORDINANCE NO. 28141 FOR CASE NUMBER OA- 123 -09 [ELECTRICAL REQUIREMENTS] 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 AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION, STATE OF IDAHO, BY AMENDING ARTICLE 7, SECTION 13 OF CHAPTER 12 OF THE CALDWELL CITY CODE REGARDING ELECTRICAL REGULATIONS; ESTABLISHING AN EFFECTIVE DATE, SEVERABILITY, AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No 32 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 32 move for its passage and pass the summary for publication. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED BOOK 50 PAGE 170 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,157,484.41 for the pay period ending November 30, 2009 and a net payroll in the amount of $270,797.51 for the pay period ending November 21, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,157,484.41 represented by check numbers 64706 through 65069 and the total payroll in the amount of $270,797.51 presented by check numbers 18759 through 18815 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 Council Members commented on the success of the Night Light Parade. (MAYOR'S COMMENTS) The Mayor expressed his appreciation to the Council Members and citizens within the community for their support concerning the many efforts and projects that have been undertaken to enhance the City of Caldwell. He expressed his appreciation to the planning committee for the outstanding Night Light Parade event. He reported the following calendar events: • Tuesday, December 8, 2009: Caldwell High School vs. Vallivue High School basketball game. • Wednesday, December 9, 2009: Mayor and Council Appreciation Night at the Boise Grove. • Wednesday, December 9, 2009: The College of Idaho vs. NNU basketball game. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1[C] FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS AND SUBSECTION 1(F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 7:59 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing labor negotiations and Subsection 1(f) for the purpose of discussing pending litigation. 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. (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 8:25 p.m. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED APPROVED AS written THIS 21st DAY OF DECEMBER 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk