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Home My WebLink About2013-04-15city council minutes 7:00 P.M. The Mayor asked that everyone stand for the invocation led by Robb MacDonald of the LDS Church 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, Pollard, and Biggers. Absent: Callsen. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Blacker to amend the agenda by adding Item 1-A under New Business to th of $20,000 for City-owned property located at 315 North 5 The reason for the amendment was due to the land offer being received after the agenda was posted. The Mayor noted that Mrs. Geyer would be making this presentation. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1.Approve acceptance of the minutes of the City Council Meeting held on April 1, 2013; the Caldwell Housing Authority Meeting held on March 11, 2013; the Caldwell Industrial Airport Commission Meeting held on April 4, 2013; the Senior Center Board Meeting held on April 8, 2013; and the Caldwell Public Library Board Meeting held on March 7, 2013; 2.Approve request from Leona J. Manke for resignation from the Caldwell Public Library Board effective immediately; 3.Approve Resolution No. 33-13 authorizing the execution of an Agreement with the Canyon County Paramedics for the use of their facility located at 6116 Graye Lane; 4.Approve Resolution No. 34-13 authorizing the intention to form a voluntary LID 13-1 for construction of concrete curb, gutter, sidewalk, and pedestrian ramp improvements and set the public hearing date for the next Regularly Scheduled City Council Meeting to be held on Monday, May 6, 2013; 5.Approve Resolution No. 35-13 authorizing the acceptance of the Deferral Agreement between the City of Caldwell and Canyon County for property located at 1323 E. Chicago Street to connect to domestic water for irrigation purposes with conditions as specified within the agreement; 6.Approve Resolution No. 36-13 authorizing the execution of an Agreement with Partners for Clean Water associated with media buys for public service announcements related to the City of C Municipal MS4 permit public education requirement; 7.Approve Resolution No. 37-13 authorizing the execution of an Agreement with Kimley-Horn and Associates, Inc. for professional services for design, bid, and construction observation/administration services for the Caldwell Industrial Airport Rehabilitation of Existing Parallel Taxiway A & B, Connector Taxiways, and Terminal Apron Project; 8. at 2805 Blaine Street. MOVED by Hopper, SECONDED by Blacker to approve the Consent Calendar as printed. . Roll call vote. Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED OLD BUSINESS: øÌØ×ÎÜ ßÒÜ Ú×ÒßÔ ÎÛßÜ×ÒÙ ÞÇ Ì×ÌÔÛ ÑÒÔÇ ÑÚ Þ×ÔÔ ÒÑò í ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçîìÃ ÚÑÎ ÝßÍÛ ÒËÓÞÛÎ Ñßóïëîóïí ÅÐËÜ ßÒÜ ÍËÞÜ×Ê×Í×ÑÒ ÑÎÜ×ÒßÒÝÛ ßÓÛÒÜÓÛÒÌÃ É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ ÐßÍÍ ÑÒ ÌØÛ ÌØ×ÎÜ ÎÛßÜ×ÒÙ ßÒÜ ßÐÐÎÑÊÛ ÌØÛ ÍËÓÓßÎÇ ÚÑÎ ÐËÞÔ×ÝßÌ×ÑÒ÷ The Mayor read the ordinance by title only: MOVED by Hopper, SECONDED by Blacker to accept this as the third and final reading of Bill No. 3, Ordinance No. 2924 and approve the summary for publication. In response to comments from City Attorney Mark Hilty, Mr. Hopper withdrew the motion. MOVED by Hopper, SECONDED by Blacker to waive the final reading and accept the third reading by title only as the final reading of Bill No. 3, Ordinance No. 2924. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 3 (Ordinance No. 2924), move for its passage and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED øÝÑÒÌ×ÒËÛÜ ÐÎÑÌÛÍÌ ØÛßÎ×ÒÙ ÑÚ ÚÛÞÎËßÎÇ ïçô îðïíæ ÌÑ ÝÑÒÍ×ÜÛÎ ÌØÛ ßÝÝÛÐÌßÒÝÛ ÑÚ ÌØÛ ßÍÍÛÍÍÓÛÒÌ ÎÑÔÔ ÐÎÛÐßÎÛÜ ×Ò ÝÑÒÒÛÝÌ×ÑÒ É×ÌØ ÔÑÝßÔ ×ÓÐÎÑÊÛÓÛÒÌ Ü×ÍÌÎ×ÝÌ ÅÔ×ÜÃ ÒÑò ïðóî ÅÓ×ÍÝÛÔÔßÒÛÑËÍ ÝÑÒÝÎÛÌÛÃ÷ Robb MacDonald, 621 Cleveland Boulevard, presented the staff report. Mr. MacDonald distributed a copy of the construction punch list associated with LID 10-2. He noted that all items of concern expressed by participants at the protest hearing held on February 19, 2013 have been addressed and corrected with the contractor. In response to questions from Councilman Hopper, Mr. MacDonald noted that no complaints have been received since the work was recently redone. All construction work has a one year warranty with the contractor. MOVED by Hopper, SECONDED by Blacker to close the protest hearing. MOTION CARRIED øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò ë ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçîêÃ ÌÑ ßÝÝÛÐÌ ÌØÛ ßÍÍÛÍÍÓÛÒÌ ÎÑÔÔ ×Ò ßÍÍÑÝ×ßÌ×ÑÒ É×ÌØ ÔÑÝßÔ ×ÓÐÎÑÊÛÓÛÒÌ Ü×ÍÌÎ×ÝÌ ÅÔ×ÜÃ ÒÑò ïðóî É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍ ßÒÜ ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙ÷ The Mayor read the ordinance by title only: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 10-2 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 5 (Ordinance No. 2926) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to sponsor Bill No. 5 (Ordinance No. 2926) and move for its passage. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED City Clerk Debbie Geyer, 411 Blaine Street, presented the staff report concerning the issue. She reported that the property was acquired in 1991 by the Caldwell Police Department and was used as the PAL Activity Center until 2010 when the property was declared as Surplus Property and made available for purchasing by the public. The appraised value was set at $45,000 in 2011 and the parcel was rezoned to C- th 3 (Service Commercial). A verbal offer of $20,000 was received on April 12 by an interested party desirous of using the parcel for a used automobile sales lot. She noted that the interested party has been in contact with city staff several times concerning planning & zoning and engineering requirements. In response to questions from the Mayor, M acre. The building on site was demolished in 2011 due to extreme structural damage. Ms. Skinner stated that due to the size of the parcel, it is difficult to meet parking requirements associated with most commercial businesses. In response to questions from Councilman Blacker, Ms. Skinner reported that the potential buyer had already gained information from city staff concerning paving and landscaping requirements. The buyer is planning to construct a new building on the site. A civil storm water design for the paving of the impervious surface where the cars would be parked is required. Discussion followed concerning the process used for advertising the availability of the parcel and the lack of interest of surrounding businesses to purchase the lot for expansion of their business. MOVED by Pollard, SECONDED by Blacker to approve Resolution No. 38-13 accepting the offer of th $20,000 for City-owned surplus property located at 315 North 5 Avenue. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, and Ozuna. Those voting no: Hopper. Absent and/or not voting: Callsen. MOTION CARRIED øÝÑÒÍ×ÜÛÎ Þ×ÔÔ ÒÑò î ÅÑÎÜ×ÒßÒÝÛ ÒÑò îçîíÃ ßÓÛÒÜ×ÒÙ ÝØßÐÌÛÎÍ îô ìô éô èô ßÒÜ ïî ÑÚ ÌØÛ ÝßÔÜÉÛÔÔ Ý×ÌÇ ÝÑÜÛ É×ÌØ ß ÎÛÏËÛÍÌ ÌÑ Éß×ÊÛ ÌØÛ ÎËÔÛÍô ÐßÍÍ ÑÒ ÌØÛ Ú×ÎÍÌ ÎÛßÜ×ÒÙô ßÒÜ ßÐÐÎÑÊÛ ÌØÛ ÍËÓÓßÎÇ ÚÑÎ ÐËÞÔ×ÝßÌ×ÑÒ÷ th Mark Hilty, 1303 12 Avenue Road, Nampa presented the staff report and outlined the contents of the proposed ordinance. He noted that the amendments were housekeeping-type matters from various departments which have been tracked and placed into reported that the document contained two typographical errors which will be corrected prior to publication. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4, ARTICLE 19, SECTIONS 04-19-07, 04-19-07-03, 04-19-07-09, 04-19-09, 04-19-11, AND 04-09-15, OF THE CALDWELL CITY CODE, PERTAINING TO REGULATIONS FOR EROSION AND SEDIMENT CONTROL/GRADING; AMENDING CHAPTER 2, ARTICLE 17, SECTION 02-17-06, ENTITLED HISTORIC PRESERVATION COMMISSION FROM YEAR TO YEAR; REPEALING, IN ITS ENTIRETY, CHAPTER 7, ARTICLE 9, SECTIONS 07-09-01 THROUGH 07-09-07, INCLUSIVE, PERTAINING TO WEEDS; AMENDING CHAPTER 12, ARTICLE 15, SECTION 12-15-03, PREPARED BY FEMA; AND, AMENDING CHAPTER 8, ARTICLE 6, SECTION 08-06-05, ALL CHILDREN UNDER EIGHTEEN YEARS OF AGE; 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. 2 (Ordinance No. 2923) on its first reading by title only noting the amendments as specified by the City Attorney. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 2 (Ordinance No. 2923), move for its passage and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Callsen. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker that accounts payable in the amount of $448,056.40 represented by check numbers 92785 through 93035 and the total payroll in the amount of $279,134.52 represented by check numbers 24999 through 25031 payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper reported that the Carnegie Library Ad-Hoc Committee rescheduled their report to Council rd until June 3 inasmuch as information is still being gathered by the Ad Hoc Committee. Councilman Ozuna reported that Leona Manke recently resigned from the library board. The library is accepting letters of interest and resumes concerning the open position. She reported that the Local Legends event was well attended and successful in raising funds for the Idaho Youth Games. Councilman Blacker reported that ElJay Waite spoke with the CEDC Executive Committee last Wednesday concerning funding issues. Mr. Blacker reported that a gentleman (a business which assists individuals with behavioral problems) is looking to relocate. The business is currently located on Specht Avenue by the Best Western Motel. He is desirous of relocating to a higher traffic area. The Mayor reported th that the highest traffic count areas within the City are along 10 Avenue, Exit 29/Hwy. 20-26, and Cleveland Boulevard. The Mayor reported that his surgery was successful and thanked those who had expressed concern during his recovery. Chief Wendelsdorf and the Mayor attended the labor relations institute seminar last week. It was a very informative training session. Materials from the seminar have been forwarded to the HR Director for future reference. Upcoming Events: The event will be held this week at Caldwell High School. April 27, 2013: Caldwell Clean-up Day & the Caldwell Greenbelt Clean-up Day April 29, 2013: City Council Budget Forecast Workshop April 30, 2013: Day of the Child will be held at Serenity Park May 6, 2013: Next City Council Regularly Scheduled Meeting The Mayor asked Anne Marie Skinner to give a brief overview of proposed text amendments regarding adding light industrial zoning to the City Center as a special use and adding a provision to the landscaping requirements along the Indian Creek Corridor for a waiver or deferment if the property is outside of City Center. Ms. Skinner reported that these issues came to light in connection with potential new businesses. Discussion followed. It was suggested that possibly a deferral agreement could be used concerning the landscaping requirements being met with parcels front the Indian Creek Corridor which are outside of the City Center area. Councilman Hopper expressed his concern with follow-up methods by Engineering Department staff regarding deferral agreements. Mr. Orton responded that the Engineering Department is currently tracking all deferral documents. Anne Marie Skinner reported that she will conduct research regarding active deferral agreements dealing with landscaping issues and will report back to the Council Members with her findings. The Mayor reported that an executive session was not needed tonight. MOVED by Pollard, SECONDED by Ozuna to adjourn at 8:05 p.m. MOTION CARRIED Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk