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Home My WebLink About2010-10-04city council minutesBOOK 51 SPECIAL MEETING WORKSHOP OCTOBER 4, 2010 6:00 P.M. PAGE 130 (PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING PROPOSED AMENDMENTS TO THE AIRPORT MASTER PLAN DOCUMENT) Council Members present: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. Council Members absent: None. Staff Members in attendance: Ken Frazee, Brent Orton, and Patrick Taylor from Coffman Associates, Inc. Guests in attendance: Bob McGee (Airport Commission Member) The Mayor acknowledged Mr. Bob McGee for his active involvement with the Airport Commission for the past many years, noting his assistance in the relocation of the facility to its current site in 1976. Mr. Taylor of Coffman Associates, Inc. outlined the Caldwell Industrial Airport Master Plan and reviewed the information as written. It was recommended that a public hearing be held concerning the Airport Master Plan at the Regular City Council Meeting scheduled for November 1, 2010. City staff will work to coordinate this recommendation. The workshop was dismissed at 6:56 p.m. REGULAR MEETING October 4, 2010 7:00 P.M. The Mayor reported that a City Council Workshop was held at 6:00 p.m. for the purpose of discussing proposed amendments to the Airport Master Plan document. No decisions were made or action taken. The Mayor asked that everyone stand for the invocation lead by Pastor Aaron Beaty of the Boone Memorial Presbyterian 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 E1Jay Waite, Chairman of the Urban Renewal Agency, 411 Blaine Street, presented a report from the Caldwell Urban Renewal Agency outlining the Agency's proposed Expenditure Budget which has been approved by the Urban Renewal Agency for FY- 2011 (October 1, 2010 — September 30, 2011). He noted that the Urban Renewal Agency has budgeted $6,095,727 in expenditures and total revenues including cash of $7,157,591. As required by the Idaho State Code, this budget was presented to the City Council for the record with a copy provided to the City Clerk. He noted that the Treasure Valley Community College facility is completed and there are now 830 students attending classes in that building. The acquisition of the building should close within the next few days. The Mayor reported on other projects completed by the Caldwell Urban Renewal Agency to include the restoration of Indian Creek in Downtown Caldwell, Serenity Park located next to the Caldwell Library (which used to be the site of the Jefferson Junior High School), the reconstruction of Sebree Park, the partnership with Canyon County to build roads at the Canyon County Fairgrounds, help with the construction of Exit 29, the industrial park next to the Caldwell Airport, the new Airport Terminal and other projects at the Caldwell Airport, the YMCA facility, and most recently the TVCC facility. The Urban Renewal Agency has had a significant impact on the City of Caldwell with projects they have undertaken. We are proud ofthe accomplishments ofthat Agency. The Mayor noted that the report is strictly informational with no action required. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Blacker to amend the agenda by removing Item #1 under the Consent Calendar, adding Item #12 to the consent calendar to read: "Approve Resolution ratifying the 2010 -11 service fees with Allied Waste in accordance with their current contract. ", and amending the Executive Session to read: "Executive Session pursuant to Idaho Code, Section 67 -2345 Subsection PAGE 131 BOOK 51 (c) for the purpose of discussing deliberation concerning labor negotiation and interest in real property not owned by a public agency, and Subsection (f) for the purpose of discussing pending litigation." Those voting yes: unanimous. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor acknowledged Ms. Jackson, teacher of the U.S. Government Class at the Caldwell High School. She asked each student in attendance 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 Regular City Council Meeting held on September 20, 2010; 2. Approve Resolution, No. 109 -10 at the request of the City of Caldwell and College of Idaho, authorizing waiver of the special use permit fee in the amount of $790.32 for the new bleachers, stadium, batting cages and ball field at Wolfe Field; 3. Approve appointment of Arvid Salisbury as a regular member of the Caldwell Planning and Zoning Commission for a three -year term beginning December 1, 2010 and ending December 31, 2013; 4. Approve request to replace Resolution 101 -10 (Sewer System Fees), 102 -10 (Water System Fees), and 105 -10 (Building Permit Fees) adopted on September 20, 2010 due to clerical errors; 5. Approve Resolution No. 110 -10 accepting newly proposed projects for inclusion in the State Transportation Improvement Plan; 6. Approve Resolution No. 111 -10 executing an agreement with The Network Operations Company for the operation of the wireless Internet system in Downtown Caldwell in the amount of $150 per month beginning October 1, 2010 to October through October 1, 2011; 7. Approve Resolution No. 112 -10 executing a Professional Services Contract with LKV Architects for design of the Street Department shop and offices in the amount of $42,750; 8. Approve Resolution No. 113 -10 executing a Professional Services Contract with Smede Marketing Productions from October 1, 2010 through October 1, 2011 in the amount of $200 per month; 9. Approve Resolution No. 114 -10 executing the 2010 -11 Addendum (Contract Service Fee) to the Third Amended and Restated Firefighting and Life Preservation Service Agreement; 10. Approve Resolution No. 115 -10 authorizing usage of the "2010 Orthography Pricing Policy Statement' as established by COMPASS for requests made of the City for data available from the computerized mapping system; 11. Approve request from the Caldwell Police Department for destruction of transitory, temporary, and semi - permanent case files; 12. Approve Resolution No. 116 -10 ratifying the 2010 -11 service fees with Allied Waste in accordance with their current contract. [ADDED] MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended. 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: (SECOND READING OF BILL NO. 23 (ORDINANCE 2838) FOR LOCAL IMPROVEMENT DISTRICT 10 -1) MOVED by Oates, SECONDED by Blacker to continue the second reading of Ordinance No. 2838 to continue this item to the next Regular City Council Meeting to be held on October 18, 2010 at 7:00 p.m. as recommended by staff. Those voting yes: unanimous MOTION CARRIED NEW BUSINESS: (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NO. SUB- 139(E) -06 [CEDAR CROSSING TIME EXTENSION] A REQUEST BY DYVER DEVELOPMENT LLC FOR A TIME EXTENSION OF THE PRELIMINARY PLAT OF CEDAR CROSSING SUBDIVISION LOCATED ON THE EAST SIDE OF FLORIDA AVENUE APPROXIMATELY 600 FEET NORTH OF KARCHER ROAD) The Mayor explained the quasi - judicial and legislative public hearing process. The City Clerk swore in all members in the audience who would be providing public testimony. The Mayor declared the public hearing open. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report as outlined. She noted that Phase I of the project has been recorded. Phase I was approved December 3, 2007. A one -year time extension has already been granted by the Hearing Examiner on September BOOK 51 PAGE 132 15, 2009 on this preliminary plat extending it to September 15, 2010. A second time extension request was submitted to the Planning and Zoning Department on September 1, 2010. There are no current code enforcement issues concerning the property. She presented an aerial map of the site, which the Mayor labeled as CC- 1000. Corey Barton, 1977 Overland, Meridian, acknowledged being sworn in and stated that he concurred with the staff report. MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB- 139(E) -06 The Mayor presented the Evidence List: staff report, sign -up sheets, preliminary plat, and CC -1000 (aerial map of SUB- 139(E) -06 presented by Anne Marie Skinner). MOVED by Oates, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: unanimous. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB- 139(E) -06 MOVED by Oates, 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 presented, and note that there was no opposition to the request. Those voting yes: unanimous. CONCLUSIONS OF LAW ON CASE NO. SUB- 139(E) -06 MOTION CARRIED MOVED by Oates, 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- 139(E) -06 MOTION CARRIED MOVED by Oates, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB- 139(E) -06, a request by Dyver Development LLC for a time extension of the preliminary plat of Cedar Crossing Subdivision is approved with the conditions as outlined in the staff report. 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 close the public hearing. Those voting yes: unanimous. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,618,182.89 for the period ending September 29, 2010 and payroll in the amount of $269,693.94 for the pay period ended September 11, 2010. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,618,182.89 represented by check numbers 71404 through 71927 and the total payroll in the amount of $269,693.94 represented by check numbers 20229 through 20271 and direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED In response to a request by Ms. Jackson, Councilman Callsen explained the finance and human resource report for benefit of the students in attendance. (COUNCIL COMMENTS) None. (MAYOR'S COMMENTS) PAGE 133 BOOK 51 The Mayor reported on his recent trip to attend a conference regarding labor negotiations. The College of Idaho recently hosted its first culinary cook -off event, which as very successful The Mayor reported that he attended the last Farmer's Market event for the season, which was held last Wednesday. He expressed appreciation to Sheila McGregor for her efforts in making the Farmer's Market such a success within the community. The CCOA Appreciation Night will be held on Thursday, October 7 at O'Connor Event Center. The 2 ° Annual CCOA Fundraiser event will be held on Friday, October 22 ° at O'Connor Event Center. He encouraged students to be involved in the Mayor's Youth Advisory Council which meeting each Wednesday from 7:00 — 9:00 p.m. at the Caldwell Police Department Community Room. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345 SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING DELIBERATION CONCERNING LABOR NEGOTIATION 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 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 (f) for the purpose of discussing pending litigation at 7:42 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 to reconvene into Regular Session. The motion died due to the lack of a second MOVED by Oates, SECONDED by Blacker to reconvene into Regular Session. Those voting yes: unanimous. MOTION CARRIED (AMEND THE AGENDA AS REQUESTED BY THE CITY ATTORNEY TO CONSIDER APPROVAL OF RESOLUTION NO. 108 -10 CONCERNING THE ACQUISITION OF THE TVCC FACILITY LOCATED IN DOWNTOWN CALDWELL) MOVED by Oates, SECONDED by Blacker to amend the agenda as requested by the City Attorney to consider approval of Resolution No. 108 -10 concerning the acquisition of the TVCC facility located in Downtown Caldwell. Those voting yes: unanimous. MOTION CARRIED The Mayor read the resolution by title only: APPROVE RESOLUTION AUTHORIZING THE ACQUISTION OF REAL PROPERTY FROM CP -1, LLC, PROVIDING FOR THE TRANSFER OF FUNDS FROM VARIOUS SOURCES TO CALDWELL'S GENERAL FUND FOR EXPENDITURE OF ACQUISITION OF SAID PROPERTY, AUTHORIZING THE SALE OF SAID PROPERTY PURSUANT TO IDAHO CODE 50 -1401 ET.SEQ. TO THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO; SETTING FORTH CERTAIN FINDINGS IN SUPPORT HEREOF, AUTHORIZING NECESSARY CONTRACTS; AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION ON BEHALF OF CALDWELL; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. Mark Hilty reported that the documents were submitted at a late hour to his office by legal counsel for the parties involved in the transaction. He noted that the packet was discussed extensively within Executive Session and would recommend approval ofthe resolution and its accompanying exhibits. MOVED by Hopper, SECONDED by Oates to approve the execution of the Resolution No- 108 -10 as presented and its accompanying exhibits. 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 (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 9:27 p.m Those voting yes: unanimous. MOTION CARRIED BOOK 51 PAGE 134 APPROVED AS written THIS 18` DAY OF OCTOBER 2010. Mayor ATTEST: Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson Clerk