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Home My WebLink About2012-07-02city council minutes BOOK 53 PAGE 68 REGULAR MEETING July 2, 2012 7:00 P.M. The Mayor asked that everyone stand for the invocation lead by Reverend Way Fine of the New Life Bible Fellowship 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, Pollard, and Clark. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to remove Item #1 and Item #2 under New Business as per the request of staff. 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 City Council Regularly Scheduled Meeting held on June 18, 2012; the City Council Budget Workshops held on 13, 2012 and June 19, 2012; the Youth Master Plan Committee Meeting held on May 29, 2012; the Caldwell Senior Citizen Center Board Meeting held on June 20, 2012; the Youth Master Plan Committee Meeting held on May 29, 2012; the Caldwell Golf Board Advisory Committee Meeting held on May 16, 2012; and the City of Caldwell Employee Benefit Plan Trustee Meeting held on April 19, 2012; 2.Approve Resolution No. 85-12 authorizing the purchase of a floating mixer for the bio-solid lagoons at the Waste Water Treatment Plant; 3.Approve Resolution No. 86-12 authorizing the execution an agreement regarding the Pressure Irrigation System at Heritage Charter School; 4.Approve Resolution No. 87-12 authorizing the execution of the Contract Amendment No. 1 with the Idaho Department of Commerce for the Downtown Revitalization Project: Pedestrian Connection; 5.Approve request from the Caldwell Police Department (Administration) to destroy temporary records; 6.Approve the appointment of Brittanie Campos to the Youth Master Plan Committee for a term to expire December 31, 2014. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as written. Roll call vote. Those voting yes: Callsen, Pollard, Clark, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: øÝÑÒÌ×ÒËÛÜ ÚÎÑÓ ÖËÒÛ ïèô îðïîæ ÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ß ÎÛÏËÛÍÌ ÞÇ ÌØÛ Ý×ÌÇ ÑÚ ÝßÔÜÉÛÔÔ ÌÑ ÊßÝßÌÛ ß ÐÑÎÌ×ÑÒ ÑÚ ßÒ ÛÈ×ÍÌ×ÒÙ ÍÛÉÛÎ ÛßÍÛÓÛÒÌ ÔÑÝßÌÛÜ ÑÒ ÌØÛ Ù ú Í ×ÒÜËÍÌÎ×ßÔ ÌÎßÝÌ ÞÛÌÉÛÛÒ ÍËÓÓÛÎÍ ÍÌÎÛÛÌ ßÒÜ ×ÒÜ×ßÒ ÝÎÛÛÕô ÛßÍÌ ÑÚ ÒÑÎÌØ Õ×Ì ßÊÛÒËÛ÷ The Mayor called the public hearing open and continued. Brent Orton, 621 Cleveland Blvd., presented information concerning the vacation request as it relates to testimony given by John Roe on June 18, 2012. Mr. Orton reported that staff has met with Mr. Roe on site as well as has reviewed the easement documents with him which were on file within the Engineering Department. Mr. Roe had indicated concerns about a fence at the back of the property line. Mr. Roe had recalled that Mr. Law at one time indicated that the City would put up the fence for him. No such wording was included within the agreement and it was confirmed by Mr. Law that no such discussion had transpired with Mr. Roe. Mr. Orton continued that Mr. Roe (after reviewing the pictures of the site) acknowledged that the City was not responsible for the damaged fence on the east property line. Mr. Roe was in favor of the vacation since it improves his property. Mr. Orton reported that one fence post next to a sewer BOOK 53 PAGE 69 connection, which was placed there by agreement, was currently bent. In case the post was damaged by staff would straighten the fence post to accommodate Mr. Roe. Mr. Orton explained that one manhole had intentionally been left high to insure that equipment would not be placed on it. Mr. Roe is in agreement with that determination. Councilman Hopper questioned Mr. Orton about the nature of the fence post which is bent. Mr. Orton stated that the post is approximately a 3 ½-inch pipe, 10-foot in height with a 6-foot chain link fence attached. Council Member Ozuna asked if this is the only access to the property. Mr. Orton stated that there is another access point on Summer Street. Councilman Hopper ponsibility to build fences for Mr. Roe which did not exist at the time of the agreement. If the agreement outlined in return for use of his property, then the City should follow through. This does not appear to be the case. Therefore, if staff vacation should move forward. The damaged post should be fixed making sure that the property is made whole. MOVED by Hopper, SECONDED by Blacker to close the public hearing. MOTION CARRIED EVIDENCE LIST: The Mayor presented the Evidence List: staff report and document provided by Mr. Orton. MOVED by Hopper, SECONDED by Clark to accept the Evidence List as presented. MOTION CARRIED øÝÑÒÌ×ÒËÛÜ ÚÎÑÓ ÖËÒÛ ïèô îðïîæ ÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò ïï ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçïîÃ ÌÑ ÊßÝßÌÛ ß ÐÑÎÌ×ÑÒ ÑÚ ßÒ ÛßÍÛÓÛÒÌ ÚÑÎ ß Óß×Ò ÑÎ ÔßÌÛÎßÔ ÍÛÉÛÎ Ô×ÒÛ ÔÑÝßÌÛÜ ÑÒ ÌØÛ Ù ú Í ×ÒÜËÍÌÎ×ßÔ ÌÎßÝÌ ÞÛÌÉÛÛÒ ÍËÓÓÛÎÍ ÍÌÎÛÛÌ ßÒÜ ×ÒÜ×ßÒ ÝÎÛÛÕô ÛßÍÌ ÑÚ ÒÑÎÌØ Õ×Ì ßÊÛÒËÛ É×ÌØ ÌØÛ ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍô ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙô ßÒÜ ßÐÐÎÑÊÛ ÌØÛ ÍËÓÓßÎÇ ÚÑÎ ÐËÞÔ×ÝßÌ×ÑÒ÷ The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, VACATING A PORTION OF AN EASEMENT FOR A MAIN OR LATERAL SEWER LINE; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID EASEMENT BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID EASEMENT SHALL BE VACATED; PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 11 (Ordinance No. 2912) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Clark, 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. 11 (Ordinance No. 2912), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS: ÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò ïî øÑÎÜ×ÒßÒÝÛ ÒÑò îçïí÷ ÌÑ ßÓÛÒÜ ÝØßÐÌÛÎ é ÑÚ ÌØÛ ÝßÔÜÉÛÔÔ Ý×ÌÇ ÑÎÜ×ÒßÒÝÛ ÐÛÎÌß×Ò×ÒÙ ÌÑ ËÒÔßÉÚËÔ ÒË×ÍßÒÝÛÍô ÐÎÑÝÛÜËÎÛÍ ÚÑÎ ÒÑÌ×Ú×ÝßÌ×ÑÒÍ ÌÑ Ê×ÑÔßÌÑÎÍô ßÒÜ ÐÛÒßÔÌ×ÛÍ É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍô ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙô ßÒÜ ßÐÐÎÑÊÛ ÌØÛ ÍËÓÓßÎÇ ÚÑÎ ÐËÞÔ×ÝßÌ×ÑÒò This item was removed per a previous motion. ÝÑÒÍ×ÜÛÎ ÎÛÍÑÔËÌ×ÑÒ ÒÑò ÙÎßÒÌ×ÒÙ ÐßÎÌ×ßÔ ÎÛ×ÓÞËÎÍÛÓÛÒÌ ÌÑ ÎÚÎ ÐÎÑÐÛÎÌ×ÛÍ ÚÑÎ ÎÑßÜ ×ÓÐÎÑÊÛÓÛÒÌÍ ÓßÜÛ ×Ò ÝÑÒÒÛÝÌ×ÑÒ É×ÌØ ÌØÛ ÝßÔÜÉÛÔÔ ÝÎÑÍÍ×ÒÙ ÍËÞÜ×Ê×Í×ÑÒò This item was removed per a previous motion. BOOK 53 PAGE 70 ÝÑÒÍ×ÜÛÎ ÎÛÍÑÔËÌ×ÑÒ ÒÑò èèóïî ßËÌØÑÎ×Æ×ÒÙ ßÓÛÒÜÓÛÒÌ ÌÑ ßÒÜ ÛÈÌÛÒÍ×ÑÒ ÑÚ ÌØÛ ÝÑÒÌÎßÝÌ É×ÌØ ßÔÔ×ÛÜ ÉßÍÌÛ ÍÛÎÊ×ÝÛÍ ÑÚ ÒÑÎÌØ ßÓÛÎ×Ýßô ÔÔÝò Brent Orton, 621 Cleveland Blvd., presented the staff report concerning the contract renewal. The Mayor acknowledged Dave Fischer (Allied Waste Idaho General Manager) and Rochelle Cline (Allied Waste Business Development Manager). Councilman Hopper questioned when the new fee (second container fee of $15) referenced in the contract would be effective. Mr. Orton reported that the new fee schedule would be effective October 1, 2012 and would be included with the public hearing process in conjunction with new fees. MOVED by Pollard, SECONDED by Hopper to approve Resolution No. 88-12 granting contract adjustments with Allied Waste Services of America, LLC. Roll call vote. Those voting yes: Pollard, Clark, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED The Mayor expressed his appreciation to Mr. Fischer and Ms. Cline for working with City staff concerning the contract extension. He noted that the contract is in the best interest of the community in many ways including a cleaner fleet, reduction and more stable fuel prices, and keeping our City streets cleaner with the additional receptacle containers. He noted that since the receptacle containers have been provided, there has been less trash on the streets since dogs are not able to access the garbage as easily. He also noted that the volunteer recycling program has been well received by the residents. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $921,139.22 for the period ending June 22, 2012 and net payroll in the amount of $275,187.68 for the pay period ended June 16, 2012. MOVED by Callsen, SECONDED by Clark that accounts payable in the amount of $921,139.22 represented by check numbers 86657 through 86994 and the total payroll in the amount of $275,187.68 represented by check numbers 23522 through 23582 and payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard thanked the Mayor for the opportunity to attend the AIC Conference and outlined the workshops he attended. He noted that tis distributing free bracelets to residents for the purpose of community support. Councilman Clark also reported on the AIC Conference and the informative workshops. He praised the current improvements underway in the downtown through use of Community Development Block Grant funding. The Mayor reported on his attendance at the AIC Conference and presented an update of legislative items discussed during the workshops. Three awards were given to the City for the Red Carpet Program, the Southwark P th The Mayor reported on the YMCA Roundup event which will on August 14 during the Caldwell Night Rodeo. The event will take place in Simplot Stadium with all donated items and volunteers from local businesses. The organizers are requesting City sponsorship which would in turn provide liability insurance for the event. There would be no additional cost to the City in sponsoring the event in this manner. A resolution will be brought forward at the next City Council Meeting concerning this request. He suggested that Council Members contact Ray Wolfe at the Hartwell Corporation or Scott Curtis at the YMCA if they would like more information. The Mayor reported on the donation to The College of Idaho from the J.R. Simplot Company in the amount of $100,000 for improvements to the Simplot Stadium press box area. He noted that the Simplot Company has also granted consulting services and natural turf supplies for the stadium. The Mayor reported that The College of Idaho was accepted into the Frontier Conference. øÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ ÐËÎÍËßÒÌ ÌÑ ×ÜßØÑ ÝÑÜÛ ÍÛÝÌ×ÑÒ êéóîíìëô ÍËÞÍÛÝÌ×ÑÒ øÚ÷ ÚÑÎ ÌØÛ ÐËÎÐÑÍÛ ÑÚ Ü×ÍÝËÍÍ×ÒÙ ÐÛÒÜ×ÒÙ Ô×Ì×ÙßÌ×ÑÒ ÑÎ ÉØÛÎÛ ÌØÛÎÛ ×Í ß ÙÛÒÛÎßÔ ÐËÞÔ×Ý ßÉßÎÛÒÛÍÍ ÑÚ ÐÎÑÞßÞÔÛ Ô×Ì×ÙßÌ×ÑÒ ßÒÜ ÍËÞÍÛÝÌ×ÑÒ øÝ÷ ÚÑÎ ÌØÛ ÐËÎÐÑÍÛ ÑÚ Ü×ÍÝËÍÍ×ÒÙ ÜÛÔ×ÞÛÎßÌ×ÑÒ ÝÑÒÝÛÎÒ×ÒÙ ÔßÞÑÎ ÒÛÙÑÌ×ßÌ×ÑÒÍò ðîçøùÛÄõÎÍÍØËêøúîïùøùÛÄúÑÜËÒÉÎÚÎÏÇØÏØÔÏÉÎøÅØÚÈÉÔÇØêØÊÊÔÎÏÍÈËÊÈÜÏÉÉÎôÙÜÕÎúÎÙØ êØÚÉÔÎÏ for the purpose of discussing pending litigation or where there is a general BOOK 53 PAGE 71 public awareness of probable litigation and Subsection (c) for the purpose of discussing deliberation concerning labor negotiations at 7:45 p.m. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED reconvene MOVED by Hopper, SECONDED by Callsen to into Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 8:26 p.m. MOTION CARRIED th APPROVED AS written THIS 16 DAY OF July , 2012. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk