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HomeMy WebLinkAbout2011-06-20city council minutes PAGE 76 BOOK 52 SPECIAL MEETING June 20, 2011 6:00 P.M. CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED EXPANSION OF THE CALDWELL NIGHT RODEO GROUNDS. Anne Marie Skinner, 621 Cleveland Boulevard, presented information concerning the proposed expansion plans for the rodeo grounds by the Caldwell Night Rodeo Board of Directors. George Combs of the Caldwell Night Rodeo Board of Directors, 1468 Majestic Place, spoke in favor of the expansion. He noted that the plan includes replacing 40-year old bucking shoots and pens, the announcement stand, a hall of fame room, gathering space, and the rodeo office. The approximate cost is estimated at $2 million dollars. Discussion followed concerning possible upgrades to the restrooms at Simplot Stadium and O’Connor Field House and the possible relocation the perimeter fence in Simplot Stadium. Immediate priorities concerning the project include additional parking and pen space, which would allow animals to be housed on the grounds overnight. Currently, contractors must find off-site space to keep animals overnight and transport them to the rodeo grounds each day. The Mayor reported that the nine acre property abutting the rodeo grounds is currently for sale. Contact has been made with Union Pacific concerning the feasibility of constructing a railroad st overpass or underpass along 21 Avenue for access to the property. Rosalie Cope, Canyon County Fair Supervisor, presented a map and outlined concerns in relocating the Simplot Stadium fence. She noted that the back-stage storage area for concerts during the fair could be affected by relocating the fence. Mr. Combs stated that pens would not be built in the backfield area at Simplot Stadium. The main purpose for the relocation of the fence would accommodate additional support staff for the rodeo. Gravel would be used as the groundcover in this area. Electrical plugs could be used in the area for allowance of recreational vehicles. Mark Davis suggested that the rodeo board install a privacy fence and plant a grass parking lot behind st Avenue could also be planted in grass as funds become Simplot Stadium. The parking lot on 21 available. The Mayor suggested that a prioritized list should be submitted to Council outlining the rodeo expansion plans. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:53 p.m. REGULAR MEETING June 20, 2011 7:00 P.M. The Mayor reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of discussing the proposed expansion plans of the Caldwell Night Rodeo Grounds. No decisions were made or action taken within this workshop. The Mayor asked that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. CONFLICT OF INTEREST DECLARATION Councilman Hopper asked that Consent Calendar Item #12 be considered as a New Business Item since it involves his role with Canyon County as well as with the City of Caldwell. Councilman Hopper clarified that he would present information concerning this matter but would not be casting a vote. SPECIAL PRESENTATIONS A.Co-employees of the Month for April 2011: The Mayor recognized Corporal Scott Crupper for his exceptional performance as an investigator during his involvement in “Operation Black Magic”, a long-term case against the Brown Magic street gang. The Mayor expressed appreciation to Corporal Crupper and presented a plaque to him for his outstanding work ethics. The Mayor recognized Detective Jeremy Heinrich for his efforts that results in the recovery of tens of thousands of dollars in stolen property. The Mayor expressed appreciation to Detective Heinrich and presented a plaque to him for his outstanding worth ethics. PAGE 77 BOOK 52 B.Preservation Idaho Orchids & Onions Award Recipients from the City of Caldwell: The Mayor gave a brief history of the nomination and award process through Preservation Idaho. The Mayor reported that Elaine Leppert was awarded the “Friend of Preservation” award by Preservation Idaho. The Mayor read a proclamation in Ms. Leppert’s behalf. The Mayor noted the successful renovations of Canyon Springs High School (old Van Buren Elementary site) which was awarded the “Historic Preservation Contribution” award by Preservation Idaho. The Mayor read a proclamation concerning this award. Mr. Tony Richard, principal at Canyon Springs High School, received the proclamation and expressed his gratitude to the City of Caldwell for the recognition. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Blacker to amend the agenda by moving Consent Calendar Items #10 and #12 to New Business as Items #4-A and #4-B and add an Executive Session under New Business as Item #7-A to read: “Executive Session pursuant to Idaho Code, Section 67-2345, Subsection (f) for the purpose of discussing pending litigation.” MOTION CARRIED AUDIENCE PARTICIPATION Larry Raganit presented information concerning an abandoned residence located at 1907 Alder Street, which has extensive fire damage and weed issues. Mr. Raganit owns a residence in the area and expressed his concern that this eyesore has been an ongoing issue for the past three years. Anne Marie Skinner, 621 Cleveland Blvd., reported that the Code Enforcement Officer has been actively pursuing a resolution to this matter. The City Attorney has been in contact with the bank concerning the foreclosure process of this residence. An explanation was given concerning legal issues that have prolonged the ability to abate the property. Mr. Raganit requested that he be contacted regularly concerning the abatement progress at this site. Ms. Skinner noted that the bank had expressed a desire to denote the parcel to the City for a possible pocket park in the neighborhood. The Mayor reported that staff will review this matter and will contact Mr. Raganit concerning the progress to clean up the site. Gail Gumaer, 1817 Alder, expressed her concern with the deterioration of property values due to the eyesore at 1907 Alder Street. She spoke in opposition to the parcel being developed into a pocket park. She stated that in the past neighbors have reported vagrants at the site to the police department. 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 City Council Public Workshop and Regular Meeting held on June 6, 2011; the Caldwell Golf Board Meeting held on May 18, 2011; the Caldwell Friends of the Depot Meeting held on May 19, 2011; the Caldwell Industrial Airport Commission Meeting held on June 2, 2011; and the Caldwell Traffic Commission Meeting held on June 6, 2011; 2.Approve Order of Decision from Case No. SUB-141(E)-06 (Sienna Hills time extension); 3.Approve Order of Decision from Case No. SUB-185(E)-07 (Selah Estates time extension); 4.Approve Resolution No. 79-11 authorizing a waiver of engineering-related fees in the amount of $9,585 for Permit No. BC-11-592 for a modular unit at 18178 Santa Ana Avenue, at the request of Vallivue School District; 5.Approve Resolution No. 80-11 authoring the execution of the Proposal Agreements with Hibbard Construction for the remodel construction at 423 Blaine Street; 6.Approve Resolution No. 81-11 authorizing the execution of the Professional Services Agreement with Keller Associates for the sludge holding basin seepage testing at the Caldwell Wastewater Treatment Plant; 7.Approve Resolution No. 82-11 authorizing the Award of Bid to Nampa Paving & Asphalt Company in the amount of $90,993.55 for paving of the north parking lot at Mallard Park; 8.Approve Resolution No. 83-11 accepting the Quitclaim Deed from M.L. and Jean L. Hendon to provide right-of-way along Ash Street and Airport Avenue in association with a voluntary concrete L.I.D. project; 9.Approve Resolution No. 84-11 accepting the Quitclaim Deed from Gerald and Eugene Helzer to provide right-of-way along Colorado Avenue and Beech Street in association with a voluntary concrete L.I.D. project; 10.Approve Resolution No. 85-11 authorizing the execution of a Master Lease to Purchase Agreement with Mountain West Bank for a John Deere 772GP Motor MOVED TO NEW BUSINESS ITEM] Grader 2010 Model; [ 11.Approve Resolution No. 86-11 authorizing the execution of an Intersection Design Contract with Six Mile Engineering for three intersections of Ustick Road; PAGE 78 BOOK 52 12.Approve Resolution No. 87-11 authorizing the execution of a Resource Sharing Agreement between Canyon County and the City of Caldwell for the hosting of MOVED TO NEW BUSINESS ITEM] Accela; [ 13.Approve the resignation of Dana Schuck from the Caldwell Housing Authority Board. MOVED by Blacker, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING FROM MAY 16, 2011 [LEGISLATIVE]: CASE NUMBER OA-138-11 A REQUEST BY THE CALDWELL PLANNING AND ZONING DEPARTMENT TO AMEND PORTIONS OF CHAPTER 10 REGARDING THE ZONING ORDINANCE) The Mayor declared the public hearing continued and open. Anne Marie Skinner, 621 Cleveland Blvd, presented the staff report and noted that the main purpose for the continuation was based on the request of Council to conduct further research concerning standards used by other municipalities for the allowance of chickens. She noted that the Code will now address the keeping of livestock versus having animals for the purpose of youth development programs such as 4-H or Future Farmers of America (FFA) and/or the allowance of pets. Ms. Skinner continued by reporting that the State of Idaho has recently made changes concerning the licensing of daycares. Staff recommends that the City daycare licensing requirements be discontinued since all daycare owners are now required to schedule inspections through Southwest District Health and their local fire department in cooperation with the State standards. Lonalee Hoogland, 320 Palo Alto Drive, expressed her appreciation for changes made to the ordinance concerning the allowance of chickens. MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 6 [ORDINANCE NO. 2865] FOR CASE NO. OA-138-11 [ZONING ORDINANCE UPDATE] 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 OF THE CALDWELL CITY CODE WHICH IS THE ZONING 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. 6 (Ordinance 2865) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 6 (Ordinance 2865), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS: PUBLIC HEARING (LEGISLATIVE): CASE NUMBER OA-142-11 A REQUEST BY CALDWELL CITY HALL TO AMEND SECTION 07-13-03 OF CALDWELL CITY CODE, REGARDING PROHIBITION OF PUBLIC NOISE, BY ALLOWING INCREASED HOURS IN THE ALLOWING OF NOISE IN SPECIFIC LOCATIONS AND FOR SPECIFIC REASONS. The Mayor explained that the reason this item was brought forward was in light of the proposed movie events planned to take place at either Indian Creek Park or Memorial Park during the summer months. This event will bring families together and enjoy free movies. Staff was asked to bring the amendments forward in order for the events to be in compliance with the City Code. PAGE 79 BOOK 52 Anne Marie Skinner, 621 Cleveland Blvd, presented the staff report and outlined the amendments to the noise ordinance. She noted that the proposed ordinance was sent out to the Chief of Police and the Council Members for any comments. All comments received were positive. MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 18 [ORDINANCE NO. 2877] FOR CASE NO. OA-142-11 [PUBLIC NOISE 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 7, ARTICLE 13, SECTION 3 OF THE CALDWELL CITY CODE REGARDING THE PROHIBITION OF PUBLIC NOISE; 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. 18 (Ordinance 2877) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 18 (Ordinance 2877), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB-170(E)-08 A REQUEST BY 8080 NORTHVIEW PARTNERS LLC AND BAILEY ENGINEERING INC. FOR A TIME EXTENSION OF THE PRELIMINARY PLAT APPROVAL FOR KEARNEY BUSINESS CONDOS LOCATED AT THE NORTHEAST CORNER OF CENTENNIAL AND KEARNEY) The Mayor explained the quasi-judicial process and declared the public hearing open. The City Clerk was asked to swear in those who would be giving public testimony. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Mayor labeled as CC-1000. She reported that staff agrees that the time extension criteria has been met and recommends approval of the request. Terry Hayden, 6508 W. Wintergard, Boise, was sworn in and spoke in favor of the request. He noted that the project has been designed and ready to implement; however, it has been delayed due to the current economy conditions. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-170(E)-08: The Mayor presented the Evidence List: staff report, sign-up sheets, preliminary plat of Kearney Business Condos, and CC-1000 (an aerial map of the site presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-170(E)-08: 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 presented, and note that there was no opposition to the applicant’s time extension request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-170(E)-08: 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. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB-170(E)-08: 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-170(E)-08, a request by 8080 Northview Partners LLC and Bailey Engineering Inc. for a time extension of the preliminary plat approval of PAGE 80 BOOK 52 Kearney Business Condominiums Subdivision is approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB-207[V]-11 A REQUEST BY JEREMY NEWBERRY, SHAWNEE DEVELOPMENT CORP., KGLM INVESTMENT LLC, TAP CHUNG, 6909 ENOCH DRIVE TRUST, JAMES B. TOWNSEND, TRACY R. HARCOURT, PATRICIA MITTRY WARD REVOCABLE TRUST, MICHAEL ALAN USTICK, TWENTY 06 LLC, JESSICA TAYLOR AND THE SCHULTZ COMPANY FOR A COMPLETE SUBDIVISION PLAT VACATION OF FAITH LANDING CONDOMINIUMS (INST. NO. 2008057216) AND FAITH LANDING CONDOMINIUMS NO. 2 [INST. NO. 2009049833] WITH A REVERSION BACK TO THE ORIGINAL UNDERLYING PLAT OF FAITH LANDING SUBDIVISION [INST. NO. 2007021193], LOCATED ON THE NORTHEASTERLY CORNER OF THE HOMEDALE ROAD-CLEVELAND BOULEVARD INTERSECTION] MOVED by Hopper, SECONDED by Blacker to continue the public hearing to the Regular City Council Meeting to be held on July 18, 2011 at 7:00 p.m. MOTION CARRIED (CONSIDER APPROVAL OF A RESOLUTION NO. 87-11 AUTHORIZING THE EXECUTION OF A RESOURCE SHARING AGREEMENT BETWEEN CANYON COUNTY AND THE CITY OF CALDWELL FOR THE HOSTING OF ACCELA) Councilman Hopper stated his desire to decrease costs for both the City of Caldwell and Canyon County by the County operating a single system, which would benefit both entities. He stated that he was in favor of the cooperative effort to reduce the costs down for the taxpayers and not run duplicate services when it is not needed. Because the review of the document is pending at the County level, he suggested that Council authorize the Mayor to execute the agreement allowing minor changes to be addressed through the attorneys. If major changes are recommended, the Mayor would bring the document back to Council for consideration. th Mr. Hilty, 1303 12 Avenue Road, Nampa, reported that the document has been delivered to the Canyon County Commissioners. No recommendations have been received at this time from them concerning specific terms of the agreement. Councilman Blacker asked if the conditions of the agreement could be challenged in the future by County leadership. Mr. Hilty noted that it is difficult to predict such happenings; however, there are termination provisions set out within the Joint Powers Agreement that are crafted in trying to do no harm if the relationship ends. Councilman Hopper stated that the agreement provides for the City to be the owner of the Accela software. The County would own the servers and infrastructure that operates the software. If the agreement were discontinued, the County would be required to purchase the components that it does not have and the City would need to install the proper infrastructure to operate the software. MOVED by Hopper, SECONDED by Callsen to approve Resolution No. 87-11 authorizing the execution of the Resource Sharing Agreement with Canyon County concerning the hosting of Accela contingent upon the City Attorney and the Mayor reviewing the proposed language and acknowledging that there are no substantial changes to the intent of the agreement. MOTION CARRIED Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Hopper. (APPROVE RESOLUTION NO. 85-11 AUTHORIZING THE EXECUTION OF A MASTER LEASE TO PURCHASE AGREEMENT WITH MOUNTAIN WEST BANK FOR A JOHN DEERE 772GP MOTOR GRADER 2010 MODEL) Brent Orton, 621 Cleveland Blvd, noted that in a recent budget visioning workshop with City Council, staff was directed to pursue a replacement grader because of the failure of the current 1989 grader. The agreement would allow the City to lease the equipment until the new fiscal year when the cost of a new grader could be budgeted. The first contract, which was reviewed, was with John Deere Credit; but the proposal was not compliant with provisions as stated in the Idaho State Code. An agreement has now been drafted with Mountain West Bank. The lease money will be rolled into the purchase price and the interest would be paid to the bank if the City determines to purchase the equipment after October 1, 2011. PAGE 81 BOOK 52 th Mark Hilty, 1301 12 Avenue Road, Nampa, explained that the issue which arose on the lease and financing of the acquisition had to do with the prospect to committing next year’s budget funds. He noted that staff was not successful in seeing revisions made to the agreement from John Deere Credit. Mountain West Bank has entered into these types of transactions many times and is specific to meeting the requirements as specified in the Idaho State Code. Under the terms of the agreement, the City is only obligated to lease the equipment to the end of the current fiscal year. If the lease is terminated in the new fiscal year, the City simply notifies the company of that determination. Although the City is not committed to the contract in the new fiscal year; the option is available to continue leasing or purchasing the equipment should Council appropriate funds accordingly. MOVED by Hopper, SECONDED by Callsen to approve Resolution No. 85-11 authorizing the execution of the Master Lease to Purchase Agreement with Mountain West Bank for a John Deere 772GP Motor Grader 2010 Model. MOTION CARRIED Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,441,531.59 for the period ending June 17, 2011 and net payroll in the amount of $260,745.89 for the pay period ended June 4, 2011. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,441,531.59 represented by check numbers 77042 through 77605 and the total payroll in the amount of $260,745.89 represented by check numbers 21703 through 21758 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper reported on the new Valley Regional Transit Bus Route #55. This route services the new Department of Labor, Veteran’s Clinic, and Smeed Parkway area. Councilman Blacker complimented the Caldwell Police Department and the efficiency of the Street Crime officers. (MAYOR’S COMMENTS) Updates were given concerning the following items: The first summer luncheon series was held on June 14 with the Chamber of Commerce members to review the City safety services budget. City Council Budget Workshops will be held on June 21 and June 30 at 6:00 p.m. at CPD Community Room. The Association of Idaho Cities Conference will be held in Boise on June 23-25. The Summer Kick-Off Event and Movies for a Cause will be held on Friday, June 24. The Gals Regional Softball Tournament at the QUAD will be held on Saturday, June 25. The Caldwell Industrial Airport Air Show will be held on Saturday, June 25. The YMCA Celebration will be held on Saturday, June 25. The Bikefest in Griffith Park will be held on Saturday, June 25. A circus will be held at Farmway Road and Laurel Street on Friday and Saturday – June 24 and June 25. The Mayor noted that he will be in Reno, Nevada on Monday, Tuesday and Wednesday next week to attend training on creating a Foreign Trade Zone. The Mayor reported that the City recently received notification concerning the Community Development Block Grant award to the City of Caldwell in the amount of $500,000 for downtown street improvements. th beginning with a The Mayor invited everyone to attend the festivities at Memorial Park on July 4 parade at 10:00 a.m., a special program in the band shell at 11:00 p.m., and kid’s zone activities throughout the park grounds until 4:00 p.m. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION 1 [F] FOR DISCUSSING PENDING LITIGATION) convene MOVED by Hopper, SECONDED by Blacker to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1 (f) to discuss pending litigation at 8:35 p.m. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, Sobba, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED convene MOVED by Hopper, SECONDED by Callsen to re into Regular Session. PAGE 82 BOOK 52 MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 9:32 p.m. MOTION CARRIED th APPROVED AS written THIS 5 DAY OF JULY , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk