HomeMy WebLinkAbout2010-10-18city council minutesBOOK 51
REGULAR MEETING
October 18, 2010
7:00 P.M.
PAGE 135
The Mayor asked that everyone stand for the Pledge of Allegiance to the Flag lead by Riley Burbank of
Boy Scout Troop #219 and remain standing for the invocation lead by Pastor Royce Wright of the Oasis
Worship Center.
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
The Mayor acknowledged Jan Boles and expressed appreciation to him for his instrumental
involvement with the preservation of history throughout the City of Caldwell by serving on the
Planning and Zoning Commission since 1997 and as the archivist for The College of Idaho Brian
Billingsley, Planning & Zoning Department Director, reported that Mr. Boles has volunteered in
organizing the restoration of the "HAT" structure located on Cleveland Boulevard at the College of
Idaho for the past eight years. He noted that the structure was originally constructed for use as a transit
stop for the Caldwell Interurban Railroad Company.
The Mayor read into the record a proclamation concerning Mr. Boles. Mr. Boles expressed his
gratitude for those within the community who assisted in making the HAT project such a success.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to remove Old Business Item #1 from the agenda as
requested by staff.
Those voting yes: unanimous.
MOVED by Oates, SECONDED by Blacker to approve the agenda as amended.
Those voting yes: unanimous.
MOTION CARRIED
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 Regular City Council Meetings held on September 20,
2010 and October 4, 2010; the Caldwell Historic Preservation Commission Meeting held on August
23, 2010; the Mayor's Youth Advisory Council Meeting held on September 1, 2010; the Caldwell
Golf Board Meeting held on September 15, 2010; the Caldwell Traffic Commission Meeting held
on October 4,2010; and the Planning & Zoning Commission Meeting held on September 14,2010;
2. Approve Order of Decision for Case No. SUB /PUD- 130(E)05 (Sawgrass Village time extension);
3. Approve Order of Decision for Case No. SUB- 55(E) -00 (Delaware Park time extension);
4. Approve Order of Decision for Case No. SUB- 56(E) -00 (Delaware Park #2 time extension);
5. Approve Order of Decision for Case No. SUB- 172(E) -07 (Pennsylvania Park time extension);
6. Approve Order of Decision for Case No. APP -06 -10 (Canyon County Work Release SUP
amendment);
7. Approve Order of Decision for Case No. SUB- 139(E) -06 (Cedar Crossing time extension);
8. Approve Resolution No. 117 -10 authorizing the execution of an Agreement to Rescind Municipal
Services Agreement for the purposes of rescinding Municipal Services Agreement Instrument No.
2007015787 representing property that was to be known as Tranquil Estates Subdivision;
9. Approve Resolution No. 118 -10 authorizing the execution of an "Acknowledgement of Completion
of Obligations" for Skyway Business Park;
10. Approve Resolution No. 119 -10 authorizing the execution of a Temporary License Agreement for
the Beautification and Landscape Project at the site commonly known as 911 and 919 Blaine Street;
11. Approve Resolution No. 120 -10 (at the request of the City of Caldwell and Don Cornell)
authorizing waiver of the special use permit fee in the amount of $773.40 for expansions to Curtis
Park including a boat dock, bunkhouses, picnic shelters, and an amphitheater;
12. Approve Resolution No. 121 -10 accepting an ingress /egress easement from BH Caldwell LLC for
public access to the Maverick Country Store;
13. Approve Resolution No. 122 -10 accepting an Easement ( #1) from BH Caldwell LLC for sewer
services for the Maverick Country Store;
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14. Approve Resolution No. 123 -10 accepting an Easement ( #2) from BH Caldwell for sewer services
for the Maverick Country Store;
15. Approve Resolution No. 124 -10 accepting an Easement ( #1) from BH Caldwell LLC for a domestic
water main line for the Maverick Country Store;
16. Approve Resolution No. 125 -10 accepting an Easement ( #2) from BH Caldwell LLC for a domestic
water main line for the Maverick Country Store;
17. Approve Resolution No. 126 -10 accepting the dedication of a domestic water main from O'Reilly
Auto Parts to the City of Caldwell in accordance with procedures established in Resolution No. 4-
94;
18. Approve Resolution No. 127 -10 accepting an Easement from Advocates Against Family Violence,
Inc., for a pressure irrigation pump station on a portion of property owned by Advocates Against
Family Violence, Inc.;
19. Approve Resolution No. 128 -10 accepting the dedication of sewer, water, and storm drain facilities
for S & H Real Estate Development, LLC and Cirrus Pointe, LLC for Cirrus Point Subdivision No.
1 and Cirrus Pointe Off -site;
20. Approve Resolution No. 129 -10 accepting an Easement from Caldwell Lodge No. 10, Independent
Order of Odd Fellows and Gem of the Mountain Rebekah Lodge No. 5, and Independent Order of
Odd Fellows, Inc. for pressure irrigation main lines on a portion of their property;
21. Approve Resolution No. 130 -10 accepting Haemker Construction, Inc., as the apparent lower bidder
for the construction of Well House #21 in the amount of $47,339;
22. Approve Resolution No. 13 1- 10 authorizing the execution of a Cooperative Agreement with Valley
Regional Transit;
23. Approve Resolution No. 132 -10 authorizing the execution of the Administrative Services
Agreement between the City of Caldwell Employee Benefit Plan Trust and Blue Cross of Idaho
Health Services, Inc.;
24. Approve Resolution No. 133 -10 authorizing the execution of the Services Agreement between the
City of Caldwell Employee Benefit Plan Trust and Moreton & Company;
25. Approve request for contingency funds in the amount of $2,250 for support services associated with
downtown Wi -Fi services provided by The Network Operation Company.
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:
(SECOND READING OF BILL NO. 23 (ORDINANCE 2838) FOR LOCAL IMPROVEMENT
DISTRICT 10 -1)
By previous action, this item was removed from the agenda.
NEW BUSINESS:
(PUBLIC HEARING [QUASI- JUDICIAL]: CASE NO. SUB- 180[E] -07 (LEGACY FALLS TIME
EXTENSION) A REQUEST BY BV LEGACY FALLS LLC AND MORGAN CONSTRUCTION
FOR A TIME EXTENSION OF THE PRELIMINARY PLAT OF LEGACY FALLS
SUBDIVISION LOCATED ON THE SOUTHEAST CORNER OF FLORIDA AVENUE AND
KARCHER ROAD)
The Mayor explained the public hearing process and asked the City Clerk to swear in those 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 written. She provided an aerial map of the site, which the Mayor labeled as CC- 1000. She noted
that Legacy Falls No. 1 has already been platted; however, Legacy Falls No. 2 has not yet been final
platted or recorded. The Preliminary Plat was approved on October 15, 2007 and consists of 21.56
acres with 10 commercial lots and has two phases. Legacy Falls No. 1 was recorded February 17,
2009. This is the first time extension request for the project. The property is zoned C -1 and is
currently vacant. Staff recommends approval of the time extension request.
Scott Hocker, 3497 Supper Fork Way, Boise, acknowledged being sworn in and stated his agreement
with the staff report. He noted that the extension is due to the slowdown of the economy.
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- 180(E) -07
The Mayor presented the Evidence List: staff report, sign -up sheets, preliminary plat, and CC -1000
(aerial map of the site presented by Anne Marie Skinner).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
BOOK 51
FINDINGS OF FACT ON CASE NO. SUB- 180(E) -07
PAGE 137
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates 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 time extension request.
Those voting yes: unanimous.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. SUB- 180(E) -07:
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- 180(E) -07
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. SUB- 180(E) -07, a request by BV Legacy Falls
LLC and Morgan Construction for a time extension of the preliminary plat of Legacy Falls 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 Oates, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(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)
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and presented the staff report
as written. She noted that the amendments address fire inspections and background checks stated
within the current ordinances, which are duplicated by the Idaho State requirements. The removal of
the fire inspection and background check would assist the applicants by not duplicating the
requirements.
Councilman Hopper suggested that the ordinance be revised referencing the necessity of the applicant
providing proof of a fire inspection and background check which has been conducted within a specified
time period prior to the application submittal.
MOVED by Hopper, SECONDED by Oates to continue the public hearing to the neat City Council
Meeting to be held on November 1, 2010 at 7:00 p.m. to allow for inclusion of the recommended teat
amendments to the ordinance.
Those voting yes: unanimous
MOTION CARRIED
(CONSIDER BILL NO. 31 [ORDINANCE 28461 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)
This companion document was continued to the neat City Council Meeting on November l
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $6,781,001.61 for the period ending October 13, 2010 and payroll in the amount of
$263,473.42 for the pay period ended September 25, 2010 and a net payroll in the amount of
$318,053.00 for the pay period ended October 9, 2010.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of 6,781,001.61
represented by check numbers 71928 through 71966 and the total payroll in the amount of $581,526.42
represented by check numbers 20272 through 20479 and direct deposits be accepted, payment
approved, and vouchers filed in the office of the City Clerk.
Those voting yes: unanimous
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PAGE 138
MOTION CARRIED
(COUNCIL COMMENTS)
None.
(MAYOR'S COMMENTS)
The Mayor reported on the following upcoming events:
• October 22, 2010 at 6:00 p.m. - Fundraiser for the CCOA senior citizen bus at the O'Connor
Event Center.
• October 28, 2010 at 7:00 p.m. — Hope's Door Fundraiser at the College of Idaho.
The Mayor acknowledged students in the audience from the Vallivue Academy. He encouraged their
participation in the Mayor's Youth Advisory Council.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345 SUBSECTION (C)
FOR THE PURPOSE OF DISCUSSING DELIBERATION CONCERNING LABOR
NEGOTIATIONS)
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 at 7:35 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.
Those voting yes: unanimous.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:30 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 1" DAY OF NOVEMBER
2010.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk