HomeMy WebLinkAbout2010-11-01city council minutesBOOK 51
SPECIAL MEETING
WORKSHOP
NOVEMBER 1, 2010
6:30 P.M.
PAGE 139
(PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING ALCOHOL BEVERAGE LICENSE
ISSUES WITH THE CITY OF CALDWELL)
Council Members present: Mayor Nancolas, Blacker, Oates, Hopper, Callsen, Dakan, and Sobba.
Staff Members in attendance: Debbie Geyer (City Clerk), Frank Wyant (Caldwell Police Department), Brian
Billingsley (Planning & Zoning Director), Anne Marie Skinner (Planning & Zoning Senior Planner), and
Mark Hilty (City Attorney).
The Mayor called the workshop to order.
Debbie Geyer presented information from the State of Idaho Alcohol Beverage Code concerning Section
23 -1011B — Bars or taverns not allowed near churches or schools — Exceptions (Beer) and Section 23 -913 —
Licensee not allowed near churches or school — Exceptions (Liquor). Ms. Geyer noted that she was
recently contacted by a business located in Downtown Caldwell desiring to offer wine sales by the bottle in
their retail business. The store is currently located across the street from a church. Discussion followed
concerning the need of the Caldwell City Code to align with the exception provision concerning such
requests as outlined in the Idaho State Code.
Brian Billingsley addressed questions concerning permitted uses versus special uses within the Downtown
area as outlined within the Caldwell City Code land -use table.
Mark Hilty addressed questions concerning required procedures which must be followed by the City's
governing body, as outlined in the State Code, in order to consider alcohol beverage licensing requests.
It was recommended that the City Attorney meet with city staff and review any necessary policies and
procedures, which must be addressed in connection with requests by commercial businesses located within
300 feet of any public school, church, or any other place of worship seeking an alcohol beverage license.
Such recommendations would be brought back to City Council for final consideration.
The workshop was dismissed at 6:56 p.m
REGULAR MEETING
November 1, 2010
7:00 P.M.
The Mayor stated that a public workshop was conducted at 6:30 p.m. for the purpose of discussing Alcohol
Beverage License issues within the City of Caldwell. He noted that no decisions were made or action taken
concerning this issue. City staff will review any possible changes to City Code and/or procedures and will
report back to City Council with their recommendations. Any action regarding this issue will be handled
through the public hearing forum.
The Mayor asked that everyone stand for the invocation lead by Pastor Jim Berg of the 7 Day Adventist
Church and 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.
CONFLICT OF INTEREST DECLARATION
No declarations were made by the Council Members.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to replace the published wording under New Business
concerning the expansion of the Executive Session to read as follows: "Executive Session pursuant to
Idaho Code, Section 67 -2345, Subsection (c) for the purpose of discussing deliberation concerning
labor negotiations and interest in real property not owned by a public agency and Subsection (f) for the
purpose of discussing pending litigation."
MOVED by Oates, SECONDED by Blacker to approve the agenda as amended.
MOTION CARRIED
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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 Regular City Council Meetings held on October 18,
2010; the Employee Benefit Plan Trustee Meeting held on August 16, 2010; the Caldwell Historic
Preservation Commission Meeting held on September 27, 2010; and the Caldwell Industrial Airport
Commission Meeting held on October 7, 2010;
2. Approve Order of Decision for Case No. SUB- 180(E) -07 (Legacy Falls time extension);
3. Approve Resolution No. 134 -10 authorizing the execution of a Local Professional Services
Agreement with Idaho Transportation Department for construction of the South Biking/Walking
Trail System using Federal Aid;
4. Approve Resolution No. 13 5- 10 accepting the dedication of domestic water and a fire hydrant from
Boise Kidney & Hypertension Institute for Liberty Dialysis at Sky Ranch;
5. Approve Resolution No. 136 -10 accepting the dedication of water and street light improvements
from Caldwell School District No. 132 for the Washington Elementary School;
6. Approve Resolution No. 137 -10 accepting the dedication of a water main from Caldwell School
District No. 132 for the Van Buren Elementary School;
7. Approve Resolution No. 138 -10 accepting the dedication of sewer and water improvements from
Vision Charter School for the Vision Charter School;
8. Approve Resolution No. 139 -10 authorizing the execution of the Cobra Service Agreement between
the City of Caldwell Employee Benefit Plan Trust and Benefit Managers Company;
9. Approve Resolution No. 140 -10 accepting the Idaho Community Development Block Grant
(ICDBG) Citizen Participation Plan.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as printed.
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
OLD BUSINESS:
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 132 -10 (HOME
OCCUPATION /DAYCARE ORDINANCE AMENDMENT) A REQUEST BY THE
PLANNING AND ZONING DEPARTMENT TO AMEND CHAPTER 10, ARTICLE 2,
SECTIONS 9 AND 10, REGARDING HOME OCCUPATIONS AND DAYCARES, TO
PROVIDE CONSISTENCY BETWEEN THE STATE CODE AND THE CITY CODE
REGARDING FIRE REQUIREMENTS AND BACKGROUND CHECKS)
The Mayor explained the Legislative Public Hearing process for the purpose of students within the
audience. He declared the continued public hearing open.
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report noting that the recommended
changes had been made to the proposed Ordinance 2846.
MOVED by Oates, SECONDED by Blacker to close the public hearing.
MOTION CARRIED
CONSIDER BILL NO. 31 (ORDINANCE 2846) FOR CASE NO. OA- 132 -10 (HOME
OCCUPATION /DAYCARE ORDINANCE) 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 CHAPTER 10, ARTICLE 2, SECTION 9 OF THE CALDWELL
CITY CODE WHICH IS THE HOME OCCUPATION ORDINANCE; AMENDING CHAPTER 10,
ARTICLE 2, SECTION 10 OF THE CALDWELL CITY CODE WHICH IS THE DAYCARE
ORDINANCE; 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 Blacker to waive the three reading process and consider Bill No.
31 (Ordinance No. 2846) 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. 31, move for its passage and
approve the summary for publication.
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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:
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY THE PUBLIC WORKS
DEPARTMENT FOR APPROVAL OF THE PROPOSED CALDWELL INDUSTRIAL
AIRPORT MASTER PLAN)
The Mayor declared the public hearing open.
Brent Orton, 621 Cleveland Blvd, presented a PowerPoint presentation outlining the Airport Master
Plan. He noted that a Planning Advisory Committee was organized for the purpose of gaining
community input concerning the document. Members on the committee consisted of Rob Oates, City
Council/Airport Commission; Ken Frazee, City of Caldwell — Engineering; Brian Billingsley, City of
Caldwell — Planning and Zoning; Ed Priddy, Tri -Cedar Management; Martin Koch, Hartwell
Corporation; Theresa Hardin, Caldwell Chamber of Commerce; Bill Hinkle, Hinkle Aviation;
Catherine Webber, Silverhawk Aviation; Bob McGee, Airport Commission; Bruce Fisher, FAA
Northwest Mountain Region; Bill Statham, ITD Division of Aeronautics; and Anita Shore, Shore and
Shore Aviation. He noted that several workshops were conducted by the City in 2010 concerning this
matter. The document is available for viewing on the City of Caldwell website.
Councilman Oates expressed appreciation to the consultants who met with the Advisory Committee
and compiled the information for the Airport Master Plan. He stated that consultants were professional
in their approach and very knowledgeable of the process.
MOVED by Oates, SECONDED by Blacker to close the public hearing
MOTION CARRIED
MOVED by Oates, SECONDED by Blacker to approve the Airport Master Plan and advise City staff
to forward the document to the FAA for their approval.
MOTION CARRIED
The Mayor thanked all who were involved in creating the Airport Master Plan document. He noted
that the document will help guide the planning and financial decisions for the Airport in the future.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $738,118.34 for the period ending October 27, 2010 and payroll in the amount of
$275,852.91 for the pay period ended October 23, 2010.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $738,118.34
represented by check numbers 72167 through 72367 and the total payroll in the amount of $275,852.91
represented by check numbers 20480 through 20540 and direct deposits be accepted, payment
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Dakan encouraged everyone to vote.
Councilman Hopper reported that the City of Caldwell has been selected to receive two Smart Growth
Awards — one for the design of the new Treasure Valley Community College facility and the other for
the completion of the Downtown Framework Master Plan. The Smart Growth officials will be touring
the downtown area and the TVCC building on Friday, November 5 from 6:00 to 8:00 p.m.
(MAYOR'S COMMENTS)
The Mayor reported his recent participation in the following fundraiser events:
• CCOA Fundraiser held at the O'Connor Field House for the purpose of raising funds for the
Caldwell Senior Citizen Bus.
• CATCH Program fundraiser dinner at the College of Idaho. Several testimonies were given by
individuals involved in the program. Approximately $13,000 was raised for this worthwhile
program.
• Hope's Door Fundraiser at Northwest Nazarene University where the Harlem Ambassadors
performed.
The Mayor noted that an application would be submitted to the Idaho AmeriCorp Division for
continuation of the VISTA worker program within the City of Caldwell. If the City is awarded the
grant, this item will be brought back to City Council for final approval. The Mayor noted that Ken
Wien currently serves in this capacity and has raised approximately $15,000 this past year for public
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events from private donations /sponsorships and well as completed several projects as outlined in the
strategic plan for this position.
The Mayor reported that the Caldwell Senior Citizen Center will be making application for
Community Development Block Grant funds for upgrading the kitchen facility within the building.
The City would serve as the sponsor on this grant, noting that no financial obligation is required.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1[C]
FOR THE PURPOSE OF DISCUSSING DELIBERATION CONCERNING LABOR
NEGOTIATIONS AND INTEREST IN REAL PROPERTY NOT OWNED BY A PUBLIC
AGENCY AND SUBSECTION 1[F] FOR THE PURPOSE OF DISCUSSING PENDING
LITIGATION)
MOVED by Oates, SECONDED by BLACKER to convene into Executive Session pursuant to Idaho
Code, Section 67 -2345, Subsection 1(c) for the purpose of discussing deliberation concerning labor
negotiations and interest in real property not owned by a public agency and Subsection 1(f) for the
purpose of discussing pending litigation at 7:53 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
MOVED by Oates, SECONDED by Blacker to reconvene into Regular Session.
MOTION CARRIED
(CONSIDER RESOLUTION NO. 141 -10 AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SETTLEMENT OF WAGE DISPUTE AND A MEMORANDUM OF
UNDERSTANDING WITH THE CALDWELL FIRE FIGHTERS LA.F.F. LOCAL 41821)
The Mayor read the resolution:
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
SETTLEMENT OF WAGE DISPUTE AND A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CALDWELL AND THE CALDWELL FIRE FIGHTERS LA.F.F.
LOCAL #1821.
MOVED by Callsen, SECONDED by Sobba to approve Resolution No. 141 -10 authorizing the
execution of an Agreement for Settlement of Wage Dispute and a Memorandum of Understanding with
the Caldwell Fire Fighters LA.F.F. Local #1821.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:43 p.m.
MOTION CARRIED
APPROVED AS written THIS 15` DAY OF NOVEMBER
2010.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk