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HomeMy WebLinkAbout2012-11-19city council minutes BOOK 53 PAGE 129 REGULAR MEETING November 19, 2012 7:00 P.M. The Mayor asked that everyone stand for the invocation lead by Reverend Troy Hooper and remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called by the City Clerk with the following members present: Blacker, Ozuna, Hopper, Callsen, Pollard, and Clark. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Employees of the Month The Mayor recognized Lt. Dave Wright and Sgt. Richard Ferrera from the Caldwell Police Department as the September Employees of the Month. He read a letter submitted by Chief Allgood recognizing the efforts of both employees for organizing the Data Driven Approaches to Crime and Traffic Safety (D-DACTS) program. The Mayor recognized Monica Jones and ElJay Waite as the August Employees of the Month. The Mayor read a letter submitted by members of City Council recognizing the efforts of involvement of Ms. Jones and Mr. Waite with the budget preparation and research and labor negotiations. Plaques and gift certificates were presented to each employee. Recognition of Caldwell Historic Preservation Commission Member, Anita Shore The Mayor recognized Anita Shore concerning her involvement for the past twelve years with the Caldwell Historic Preservation Commission. The Mayor presented flowers and a gift certificate to Ms. Shore. A plaque was presented to Ms. Shore from Anne Marie Skinner as representative from the Caldwell Historic Preservation Commission. Presentation from VITA representation, Christina Zamora Ms. Zamora presented a packet of information concerning the VITA program. She expressed her appreciation to the City of Caldwell for offering the use of the Caldwell Train Depot facility for the Caldwell outreach program in 2013. She presented an informational flyer to the Council Members concerning the program. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Hopper to amend the agenda by adding Item #1A to New Business. REASON: Information from the various parties was not available to the City Attorney to draft this time sensitive document until after the creation of the agenda. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1.Approve acceptance of the minutes from the Caldwell City Council Regularly Scheduled Meeting held on November 5, 2012; the Caldwell City Council Special Meeting held on November 7, 2012; the Employee Benefit Plan Trustee Meeting held on July 23, 2012; the Caldwell Industrial Airport Commission Meeting held on November 1, 2012; the Senior Center Board Meeting held on November 12, 2012; the Caldwell Public Library Board Meetings held on June 2, 2011, July 7, 2011, September 1, 2011, October 6, 2011, November 3, 2011, December 1, 2011, January 5, 2012, February 2, 2012, April 5, 2012, May 3, 2012, August 2, 2012, September 6, 2012, and October 4, 2012; 2.Approve Order of Decision for Case No. SUB-208(PF)-12 (Linden Stake Subdivision short plat); 3.Approve Resolution No. 172-12 authorizing the execution of a Memorandum of Understanding with VITA (IRS - Volunteer Income Tax Assistance Program) coordinated by the Coalition for Economic Improvement to establish a site host space at the Caldwell Train Depot, 701 Main Street; 4.Approve Resolution No. 173-12 authorizing the execution of a Independent Contractor Agreement with Ken Wien effective December 1, 2012 through September 30, 2013; 5.Approve Resolution No. 174-12 recommending project priorities for use in evaluating applications for federal funding in the 2014-2018 Transportation Improvement Program; 6.Approve Resolution No. 175-12 Ltd. for right-of-way at the intersection of Smeed Parkway and US Highway 20-26; 7.Approve Resolution No. 176-12 authorizing the purchase of a 2013 Chevrolet Silverado 3500HD pickup for the Wastewater Treatment Plant in the amount of $37,735.87; 8.Approve Resolution No. 177-12 authorizing the purchase of a 2013 Chevrolet Silverado 1500 pickup for the Wastewater Treatment Plant in the amount of $21,758.62; BOOK 53 PAGE 130 9.Approve Resolution No. 178-12 accepting the Award of Bid for the US Highway 20-26 Road Widening Project Concrete Paving Contract to the Concrete Placing Company, Inc., in the amount of $77,840; 10.Approve request for a Taxicab or Commercial Transportation Business Owner License for Transportation Unlimited. MOVED by Callsen, SECONDED by Pollard to approve the Consent Calendar as printed. 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: (CONTINUED FROM NOVEMBER 5, 2012 -- PUBLIC HEARING (QUASI-JUDICIAL): CASE NO. SUB-201(E)-09 REQUEST BY BH CALDWELL COMMONS LLC FOR A TWELVE-MONTH TIME EXTENSION OF THE PRELIMINARY PLAT APPROVAL FOR CALDWELL COMMONS SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF USTICK ROAD AND CLEVELAND BOULEVARD) The Mayor explained the quasi-judicial public hearing process and asked the City Clerk Debbie Geyer to swear in those who would be providing public testimony. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. Ms. Skinner reported that the only department which responded to the extension request was the Caldwell Police Department Code Enforcement Division. At the time the staff report was written (October 2012) there was one outstanding weed violation on the property. However, this violation has now been addressed and the property is in compliance with the City Code. She noted that there was a typographical error in the staff report noting that the subdivision is located at the northeast corner of Ustick Road and Cleveland Boulevard (rather than the northwest corner as indicated within the staff report). She indicated that the preliminary plat was approved under the revised Subdivision Ordinance, which only allows for a one time extension request. Three of the four commercial lots are occupied. City staff recommends approval of the extension request. In response to questions from Councilman Clark, Ms. Skinner reported that the weed violation issue has not been habitual. Mathias Kellmer, 77West 200 South, Salt Lake City, Utah, acknowledged being sworn in and spoke in favor of the request. He noted that various development options are being researched. MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-201(E)-09: The Mayor presented the Evidence List: staff report, sign-up sheets, and the preliminary plat. MOVED by Hopper, SECONDED by Pollard to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-201(E)-09: MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report as corrected, the public testimony that was given in this matter, the evidence list that was presented, note that there was no opposition to the applinote that the outstanding City Code violation has been mitigated, the preliminary plat is still in the best interest of the safety, health, and general welfare of the City, there have been no significant changes to the City Code between the date of preliminary plat approval and the application date for the time extension request which would require substantial modifications to the lot layout, and note that the request is not based upon financial reasons or current market conditions. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUB-201(E)-09: MOVED by Ozuna, 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-201(E))-09: 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-201-E-09, a request by BH Caldwell Commons LLC for a twelve-month time extension of the preliminary plat approval for Caldwell Commons Subdivision located at the northeast corner of Ustick Road and Cleveland Boulevard, is approved with the conditions as outlined within Section VI of the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Clark, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. BOOK 53 PAGE 131 MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. MOTION CARRIED NEW BUSINESS: (CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CALDWELL HOUSING AUTHORITY) Brent Orton, 621 Cleveland Boulevard, acknowledged that Mike Dittenber from the Caldwell Housing Authority and City Attorney Mark Hilty were presented and available to answer questions concerning the proposed memorandum of understanding. Copies of the agreement was to distributed to the Council Members for their review. Mr. Orton presented the staff report. He noted that the Caldwell Housing Authority has been working for many years on issues concerning their treatment plant. Mr. Orton noted the Memorandum of Understanding (MOU) being considered this evening is important for the Caldwell Housing Authority in order for them to secure a grant from DEQ to participate in the extension of sewer from the Caldwell Waste Water Treatment Plant to Farmway Village. The extension includes the extension of gravity sewer services south of Hwy. 20/26 to a lift station near that site. He noted that the plan could also include the extension of water to Farmway Village. The MOU provides for the maximum amount that would be contributed by the Housing Authority at approximately 1.3 million dollars. He explained that it is possible that the obligation might be less; however, the agreement outlines the maximum cap. He detailed the proposed route of the alignment for sewer and water. Discussion followed concerning the routing options and accompanying costs. Concern was expressed by the Council Members regarding the lack of details s for the City versus the Caldwell Housing Authority. Mike Dittenber of the Caldwell Housing Authority at 22730 Farmway Road, stated that the application for the DEQ grant application is January 1, 2013. He will be meeting with DEQ staff on December 13, 2012 to discuss the application. th Mark Hilty, 1303 12 Avenue Road, Nampa addressed questions from the Council about language within the document. Council Hopper reported that there is currently n if the grant funding is not awarded. Mayor Nancolas stated that the City is desirous of assisting the Caldwell Housing Authority with the sewer line project. He noted that the project needs to be defined with supported cost estimates provided to Council. A Special City Council Meeting could be held to discuss the cost estimate and the agreement with the Caldwell Housing Authority. MOVED by Callsen, SECONDED by Clark to continue this matter to a Special City Council Meeting to be held on Monday, November 26, 2012 at 6:00 p.m. at the Caldwell Police Department Community Room with the provision that the City Engineer bring forth specific cost estimates associated with a defined route. In favor: 5 votes In opposition: 1 vote MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,083,606.55 for the period ending November 9, 2012 and net payroll in the amount of $256,264.06 for the pay period ended November 3, 2012. MOVED by Callsen, SECONDED by Clark that accounts payable in the amount of $1,083.606.55 represented by check numbers 89714 through 90011 and the total payroll in the amount of $256,264.06 represented by check numbers 24318 through 24345 payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard and Councilman Hopper expressed their delight with the recent Winter Wonderland event. Council Member Ozuna reported that she recently attended the infill project workshop. She stated that it was very interesting. She also noted that each week the Idaho Press Tribune provides a building permit summary in their Saturday that Brent Orton research this matter. Councilman Blacker reported that Mayor Nancolas met with the Economic Development Committee and gave a great presentation. BOOK 53 PAGE 132 Councilman Clark complimented the Caldwell Police Department staff who were on duty during the Winter Wonderland event. He noted that his daughter became separated from the family during the event and due to the quick response from CPD staff, she was found in a short period of time. The Mayor reported that he will be meeting with Governor Otter on Wednesday morning concerning funding for the SAUSA project (Special Assistant U.S. Attorney project). Treasure Valley Partnership has been funding a portion of this and the State of Idaho has been funding the other portion. An attempt will be made to expand the project and have the State fund the entire program. ndrd City Hall will be closed on Thursday and Friday (November 22 and 23) for the Thanksgiving Holiday. The Mayor expressed his gratitude for the City Council Members and City employees. The Mayor stated that he will be traveling next week to the National League of Cities Conference in Boston where he will be presenting information at two workshops. He noted that a portion of his costs ($350 for airfare and two nights of lodging) are being paid for by the Leadership Institute. Three students Youth Advisory Council (MYAC) will also chaperoning the MYAC members. Upcoming Events: December 4, 2012 NNU vs. College of Idaho basketball game at 6:30 p.m. December 13, 2012 Caldwell Employees Christmas Awards Night and Dinner. The awards portion will begin at 6:00 pm in the CPD Community Room. Dinner will be served at TVCC for all employees and their family members in attendance. th Brent Orton provided an update report concerning an item that was removed from the December 5 City Council Agenda dealing with sewer reimbursement costs associated with the Sienna Hills Subdivision. City Attorney Mark Hilty clarified the current policy vs. requests from the developer for a cash reimbursement. Concern was expressed if this is in the best interest of the citizens to reverse the agreement at this time. (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 9:04 p.m. MOTION CARRIED rd APPROVED AS written THIS 3 DAY OF December , 2012. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk