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Home My WebLink About2011-07-18council minutes (CITY COUNCIL PUBLIC WORKSHOP TO RECEIVE A PRESENTATION BY THE MCKINSTRY COMPANY ON PERFORMANCE CONTRACTING AND ENERGY IDEAS) David Naccarato, of the McKinstry Company located at 950 West Bannock, Boise, presented information concerning their company’s program to assist municipalities in planning for the latest energy-efficient technologies. He explained that the McKinstry Company partners with cities to bring innovative solutions that can lead to cost savings for public facilities. He complimented the City of Caldwell as being a role model in setting standards for the energy efficient construction of public buildings. Mr. Naccarato encouraged Council to continue looking for innovative ways to reduce energy costs and utilize services through McKinstry Company in that process. He noted that the Caldwell School District has utilized the McKinstry Company with their energy-efficient school facilities. Brent Orton, 621 Cleveland, gave an update on geothermal resources in relation to heating the public swimming pool located at Memorial Park. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:45 p.m. REGULAR MEETING July 18, 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 a presentation by the McKinstry Company on performance contracting and energy ideas. All supporting documents concerning the workshop are available in the City Clerk’s office. The Mayor asked that everyone stand for the invocation given by Pastor Geoff Williams of the Montana Avenue Baptist 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, Ozuna, Hopper, Callsen, and Dakan. Those absent: Sobba. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Central Valley Expressway Coalition: Gary Smith of the Central Valley Expressway Coalition presented information concerning the project. He noted that The Central Valley Expressway Coalition is a grassroots initiative formed to emphasize the importance of the Highway 16 Project in Idaho’s economic recovery and to show the growing support behind efforts to complete the Highway 16 Extension to I-84 and the Meridian Interchange. This effort includes coordinating with Cities, Agencies, Communities, Legislators, Landowners, and others to ensure that there is a unified voice moving forward. Additionally, the Central Valley Expressway Coalition seeks to illustrate the economic benefits of the Project while also exploring alternative means of funding. No action was taken or decisions made concerning this presentation. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Consent Calendar Items #3 and #6, relocate Consent Calendar Item #4 under New Business as Item #3-A, and add Item #3-B under New Business to read ”Consider request to extend the letter of credit for the Blaisdell Commercial Subdivision.” MOTION CARRIED Moved to Blacker, Seconded by Callsen to amend the agenda by adding under New Business Item #4- A to read: “Consider the approval of Resolution No. 95-11 for the execution of a Release of all Claims and Condemnation Settlement Agreement regarding Sabino and Vicki de la Concepcion dated July 18, 2011.” MOTION CARRIED AUDIENCE PARTICIPATION Janie Aguilar, 324 South Kimball, reported that she had received a code enforcement letter from the City of Caldwell concerning a temporary sign that she had placed on a parcel across the street from her Caldwell High School this coming year. 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 July 5, 2011; the City Council Public Budget Workshop held on June 11, 2011; and the Caldwell Industrial Airport Commission Meeting held on July 7, 2011; 2.Approve Resolution No. 92-11 authorizing the execution of the Memorandum of Understanding Re: Design Fees with the College of Idaho regarding design fees for Wolfe Field improvements; 3.Approve Resolution authorizing the reimbursement for sewer connection fees in the amount of $21,412.62 to Greg Eagy for six airplane hangars located at the Caldwell Industrial Airport; [REMOVED] 4.Approve Resolution No. 94-11 authorizing “No Swimming” signage to be posted at Indian Creek [MOVED TO NEW BUSINESS] Park located in Downtown Caldwell; 5.Approve Resolution No. 93-11 declaring the 1998 Ford Taurus from the Fire Department as surplus property; 6.Approve Award of Bid for the purchase of a trenching machine for use by the Street Department [REMOVED] not to exceed $50,000; 7.Approve the revised City Council Liaison Assignments for the Year 2011; 8.Approve request from the Caldwell Police Department to accept the grant award from the U.S. Department of Justice for the FY-2011Byrne JAG Grant in the amount of $119,068 with the allocation of funds as: City of Caldwell $39,031, City of Nampa $63,682; and Canyon County $16,355. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Callsen, Dakan, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED OLD BUSINESS: (PUBLIC HEARING [QUASI-JUDICIAL] [CONTINUED FROM JUNE 20, 2011]: 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) The Mayor explained the quasi-judicial process and noted that the public hearing had been continued per the request of City staff. He declared the public hearing continued and open. He asked the City Clerk to swear in those who would be providing public testimony. Anne Marie Skinner, 621 Cleveland Boulevard, acknowledged being sworn in and presented the staff report and an aerial map of the site. The Mayor labeled the aerial site map as CC-1000. She explained that staff delayed the hearing due to an error in the mailing process to residents within 300-feet of the site and the legal notification process. The mailing was resent via certified mail to the neighboring residents and the notice was published twice in the local newspaper as specified under state statute. She reported that if the request is approved, the plat would revert back to its original status of four plexes rather than condominiums, which is represented in the original plat of the Faith Landing Subdivision. The request does not change any of the lot/boundary lines or parcel configurations and does not trigger any parking, landscaping, or right-of-way dedication issues. She noted that in response to comments made by Idaho Power, one of the conditions of approval states that Idaho Power will retain all existing rights within the subject property. In response to questions from Councilman Blacker, Ms. Skinner stated that this is the first vacation of In response to questions from Councilman Blacker, Mr. Schultz reported that Mr. Fernando Juarez of Eagle joint Ventures, LLC had filed a lawsuit against Faith Landing in 2010. Since that time, the current owner bought out Mr. Juarez’s interest in the Faith Landing development therefore settling the issue. In response to questions from Mayor Nancolas, Mr. Hilty stated that he had reviewed the request. The request falls within the City’s land-use authority to impose plat application requirements and there is clarity concerning the conditions associated with the earlier plat and thus clarity with the conditions associated with the vacation request. In response to questions from Mr. Hilty, Mr. Schultz reported that one hundred percent (100%) of the condo building owners are in favor of the request to vacate the plat. Mr. Hilty stated that he is unaware of any legal or liability issues associated with this action toward the City. MOVED by Blacker, SECONDED by Ozuna to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-207(V)-11: The Mayor presented the Evidence List: staff report, sign-up sheets, original plat, the existing plat, and CC-1000 (an aerial map of the site presented by Anne Marie Skinner). MOVED by Blacker, SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. SUB-207(V)-11: MOVED by Blacker, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-207(V)-11: MOVED by Callsen, 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 request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-207(V)-11: MOVED by Callsen, 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-207(V))-11: MOVED by Callsen, SECONDED by Blacker based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. 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, is approved with the conditions as outlined in the staff report. Roll call vote. Those voting yes: Callsen, Dakan, Blacker, Ozuna. Those voting no: none. Absent and/or not voting: Sobba and Hopper. MOTION CARRIED MOVED by Blacker, SECONDED by Ozuna to close the public hearing. MOTION CARRIED NEW BUSINESS: (FINANCE AND HUMAN RESOURCE REPORTS) approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan reported on the success of the Farmer’s Market located at Indian Creek Park. He noted that he attended a tour of the Valdepena Furniture Factory which recently opened on Kit Avenue. (MAYOR’S COMMENTS) The Mayor reported on the success of the Chamber luncheons held in June and July. The next luncheon th will be held on August 9 at the College of Idaho in the Langroise Performing Arts facility. He reported that the presentation slides from the July luncheon have been posted on the City’s website. (CONSIDER RESOLUTION NO. 94-11 AUTHORIZING “NO SWIMMING” SIGNAGE TO BE POSTED AT INDIAN CREEK PARK LOCATED IN DOWNTOWN CALDWELL) The Mayor gave a brief report concerning the numerous complaints received at City Hall concerning swimmers jumping off of the gazebo, leaving personal articles of clothing throughout the park, destroying the banks of the creek, destroying public property (electrical outlet boxes), and throwing mud. He noted that the Caldwell Police Department has increased patrol of the area; however, officers have indicated that “no swimming” signage would assist them in enforcing control of the area. Mike Pollard, 14147 Shenandoah Street, expressed his opposition to posting “No Swimming” signage along Indian Creek. He reported that he was one of the first citizens to contact the Mayor concerning vandalism issue since he regularly walks the Indian Creek Park pathway. He stated his appreciation for the increased patrol efforts of the Caldwell police within the area. Such efforts have resolved a major portion of the delinquent acts. He stated that he was part of the Downtown Steering Committee who addressed the purpose of the Indian Creek Park, which addressed the need to “recreate” in the area. Mr. Pollard spoke against the resolution stating that the discontinuation of swimming would negate a “recreation” activity as addressed by the Steering Committee. He encouraged Council not to pass the resolution but find other solutions to the delinquent acts by youth at the park site. Councilman Hopper expressed his agreement with statements made by Mr. Pollard. He stated his opposition to the proposed resolution. He noted that if this is approved, what other restrictions would be made to activities involving Indian Creek in the future? Councilman Callsen expressed his agreement with previous comments made by Councilman Hopper and Mr. Pollard. He stated that kayaking is an activity that is promoted with the Indian Creek Festival and the citizens certainly do not want to see that activity stymied. He agreed with the signage posted on the gazebo addressing no diving. He suggested that the police issue one day free swimming passes at Memorial Park as a onetime act rather than posting signage. In response to questions by Councilman Blacker, Mr. Hilty stated that the City has immunity to injuries at public park facilities which are open to the public without charge. MOVED by Callsen, SECONDED by Blacker to deny approval of Resolution No. 94-11. MOTION CARRIED (CONSIDER REQUEST TO EXTEND THE LETTER OF CREDIT FOR THE BLAISDELL COMMERCIAL SUBDIVISION) Brent Orton reported that five years ago the Blaisdell Commercial Subdivision was approved and a letter of credit was secured with the City of Caldwell set to expire August 1, 2011. The one outstanding item associated with the development is the completion of the street light installation. The landscaping requirements will also need to be completed when the tenant occupancy is finalized. He noted that the bond does not address landscaping issues. In accordance with City Code, the City Engineer must receive approval from City Council to extend the letter of credit. Deferment was granted in the past with Doctor Blaisdell pending some potential clients which need larger capacity units rather than the smaller office units as originally contemplated. The deferment allowed the developer to work with the potential client on a revised configuration so that the street lights would not need to be relocated. The developer has agreed to work with the City concerning the street light installations without imposing a risk to the potential development configuration. It is proposed that the street light installation would be completed within the next six months; therefore, staff has recommended an extension of one year on the letter of credit. In response to questions from Councilman Blacker, Mr. Orton stated that the cost per street light is approximately $2,000 ($8,000 for the four lights within the Blaisdell Commercial Subdivision) and approximately $2,000 for installation for a total cost of $10,000. MOTION CARRIED (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) ½±²ª»²» ÓÑÊÛÜ ¾§ Þ´¿½µ»®ô ÍÛÝÑÒÜÛÜ ¾§ Ý¿´´»² ¬± ·²¬± Û¨»½«¬·ª» Í»·±² °«®«¿²¬ ¬± ×¼¿¸± Ý±¼»ô Í»½¬·±² êéóîíìëô Í«¾»½¬·±² ïøº÷ ¬± ¼·½« °»²¼·²¹ ´·¬·¹¿¬·±² ¿¬ èæïð °ò³ò Î±´´ ½¿´´ ª±¬»ò Ì¸±» ª±¬·²¹ §»æ Þ´¿½µ»®ô Ñ¦«²¿ô Ø±°°»®ô Ý¿´´»²ô ¿²¼ Ü¿µ¿²ò Ì¸±» ª±¬·²¹ ²±æ ²±²»ò ß¾»²¬ ¿²¼ñ±® ²±¬ ª±¬·²¹æ Í±¾¾¿ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ ®»½±²ª»²» ÓÑÊÛÜ ¾§ Ý¿´´»²ô ÍÛÝÑÒÜÛÜ ¾§ Þ´¿½µ»® ¬± ·²¬± ®»¹«´¿® »·±² ¿¬ èæìí °ò³ò Ì¸±» ª±¬·²¹ §»æ «²¿²·³±«ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ øÝÑÒÍ×ÜÛÎ ßÐÐÎÑÊßÔ ÑÚ ÎÛÍÑÔËÌ×ÑÒ ÒÑò çëóïï ÚÑÎ ÌØÛ ÛÈÛÝËÌ×ÑÒ ÑÚ ß ÎÛÔÛßÍÛ ÑÚ ßÔÔ ÝÔß×ÓÍ ßÒÜ ÝÑÒÜÛÓÒßÌ×ÑÒ ÍÛÌÌÔÛÓÛÒÌ ßÙÎÛÛÓÛÒÌ ÎÛÙßÎÜ×ÒÙ ÍßÞ×ÒÑ ßÒÜ Ê×ÝÕ× ÜÛ Ôß ÝÑÒÝÛÐÝ×ÑÒ ÜßÌÛÜ ÖËÔÇ ïèô îðïï÷ ÌØÛ ÓßÇÑÎ ÎÛßÜ ÎÛÍÑÔËÌ×ÑÒ ÒÑò çëóïï ÞÇ Ì×ÌÔÛæ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AN IDAHO MUNICIPAL CORPORATION, ADOPTING THE RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF CALDWELL AND SABINO AND VICKI DE LA CONCEPCION; AUTHORIZING THE MAYOR TO EXECUTE DUPLICATE ORIGINALS; AUTHORIZING EFFECTIVENESS OF THE RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT EFFECTIVE JULY 18, 2011; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. MOVED by Callsen, SECONDED by Hopper to authorize the execution of the Release of all Claims and Condemnation Settlement Agreement regarding Sabino and Vicki de la Concepcion dated July 18, 2011. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 8:48 p.m. MOTION CARRIED st APPROVED AS written THIS 1 DAY OF AUGUST , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk