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HomeMy WebLinkAbout2013-07-15city council minutes BOOK 54 PAGE 79 REGULAR MEETING July 15, 2013 7:00 P.M. City Council President reported that Mayor Nancolas was recovering from a recent surgery. He asked that everyone stand for the invocation lead by Reverend Dave Clason of the First Southern Baptist 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, Hopper, Callsen, Pollard, Biggers, and Ozuna. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS A. Presentation by Thomas Development Company/Northwest Integrity Housing Company regarding the acquisition and renovation of Southdale Apartments located at 2812 S. Montana Avenue as financed through the Idaho Housing & Finance Association Thomas Mannschrick of Thomas Development Company, 413 W. Idaho, Boise, presented information concerning the purchase of Southdale Apartments. He noted that his firm will be investing approximately $1.6 million into this rehabilitation project. He asked that a letter be provided to them supporting the efforts of renovating Southdale Apartments. The multi-family residence will provide affordable, energy efficient housing for the residents of Caldwell. No financial support is being requested from the City of Caldwell for this project. Council Members were in agreement that a letter a support be provided to the Thomas Development Company for this purpose. B. Update report concerning the Canyon County Animal Shelter from Barbara Hutchinson Barbara Hutchinson of the Canyon County Animal Shelter, 5801 Graye Lane, distributed financial and intake/outcome detail reports to the Council Members. She stated that the 2013 intakes numbered 1,542 (cats and dogs) and the intakes for 2012 amounted to 975. There has also been a significant increase in the outcome report from 2012 to 2013. The Canyon County Animal Shelter was involved with the ASPCA Challenge last year from August 1, 2012 to October 31, 2013 and came in second nationwide for adoptions that had increased over the are substantial grant funding opportunities for the winner of the Challenge event. Ms. Hutchinson noted that the shelter showed a loss of $29,000 last year. Plans are underway this year for increased fund raiser events and increased grant writing. The first fundraiser event was held last week at the Caldwell Event Center. Approximately $23,000 was netted from the event. Ms. Hutchinson asked that the contract with the City of Caldwell be extended again, noting that the fee has not been increased. She expressed appreciation to the Caldwell Animal Control officers and the Caldwell Police Department staff for the efficient and diligent efforts throughout the year. Councilman Pollard reported that he regularly volunteers at the shelter and frequently sees Caldwell Animal Control officers bringing in animals. They are doing a great job! In response to questions from Councilman President Blacker, she noted that the increased numbers of animals coming to the shelter is due to the pet provisions and the outstanding adoption rate. The Council President expressed appreciation to Ms. Hutchinson for her outstanding work at the Canyon County Animal Shelter and her excellent management skills. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to amend the agenda by adding Item #7 under the Consent Calendar to read: Resolution accepting the easement from Vision Charter School, Inc. for a domestic adding Subsection (b) for the purpose of discussing the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, and Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation, MOTION CARRIED AUDIENCE PARTICIPATION None. BOOK 54 PAGE 80 CONSENT CALENDAR: 1.Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on July 1, 2013 the Traffic Commission Meeting held on July 1, 2013; and the Senior Center Board Meeting held on July 8, 2013; 2.Approve the appointment of De Etta L. Ewing to the Historic Preservation Commission to complete 3.Approve Resolution No. 63-13 accepting a FEMA Fire Act Grant to install fire sprinklers and detection equipment in Fire Station #1; 4.Approve Resolution No. 64-13authorizing a task order to Kimley-Horn Associates for design of extensions to Taxiways A and C at the Caldwell Airport; 5.Approve Order of Decision for Case No. DAA-01-13 (Nelson Thomas Development Agreement Amendment); 6.Approve Resolution No. 65-13 accepting the dedication of water services at Vision Charter School from Vision Charter School; 7.Approve Resolution No. 66-134 accepting an Easement from Vision Charter School, Inc. for a [ADDED] domestic water line across a portion of their property. MOVED by Hopper, SECONDED by Callsen to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: CONTINUED FROM JULY 1, 2013 (: PUBLIC HEARING [QUASI-JUDICIAL]: CASE NO. ZON- 86-13 AND SUP-358-13 AND SUB-02(P)-13, A REQUEST BY CALDWELL 260 LLC, 2006 INVESTMENT FUND LLC, MUTUAL BENEFIT INVESTMENTS LLC (MBI), KNIFE RIVER, DAVE TURNER, TALL TIMBER CONSULTING, AND DAVE YORGASON FOR THE FOLLOWING: COMPREHENSIVE PLAN MAP CHANGE FROM LOW DENSITY RESIDENTIAL TO RESIDENTIAL ESTATES; REZONE FROM R-1 LOW DENSITY RESIDENTIAL TO R-S-1 SEMI-RURAL RESIDENTIAL 1 WITH TEMPORARY REZONING TO M-2 HEAVY INDUSTRIAL AND A DEVELOPMENT AGREEMENT; APPEAL ON THE ENIAL OF A SPECIAL USE PERMIT FOR AN ASPHALT BATCH PLANT IN AN M-2 HEAVY INDUSTRIAL ZONE; AND PRELIMINARY PLAT APPROVAL OF WATERSTONE SUBDIVISION CONSISTING OF 72 RESIDENTIAL LOTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF MIDLAND ROAD AND LINCOLN ROAD WITH THE BOISE RIVER BEING ITS NORTHERLY BOUNDARY) MOVED by Hopper, SECONDED by Callsen to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on August 5, 2013 at 7:00 p.m. in the Caldwell City Council th Chambers located at 110 South 5 Avenue. MOTION CARRIED NEW BUSINESS: øÝÑÒÍ×ÜÛÎ ÎÛÏËÛÍÌ ÚÎÑÓ ßÔÔ×ÛÜ ÉßÍÌÛ ÝÑÒÝÛÎÒ×ÒÙ ß ÐßÎÌÒÛÎÍØ×Ð É×ÌØ ÌØÛ Ý×ÌÇ ÑÚ ÝßÔÜÉÛÔÔ ÚÑÎ ÐÎÑÖÛÝÌ÷ Dave Fisher of Republic Services (Allied Waste), 11101 W. Executive Drive, Boise, reported that staff from Allied Waste has been in conversation with Mayor Nancolas, ElJay Waite, and Brent Orton concerning a proposed partnership program. He reported that approximately two years ago a curbside residential recycling program was offered to the citizens of Caldwell on a voluntary subscription basis. There is no interaction with the franchise since it is a total voluntary program. Approximately 1,000 citizens currently participate in the program. Mr. Fisher reported that the current rate of $6.95 a month is billed to the participants by Allied Waste for curb side recycling. He proposed that if a partnership can be established with the City, the cost could be lowered to $4.95 and thus generates a benefit to the local schools. The citizens (on a voluntary subscription basis) would pay the $4.95 per month. The City would handle the billing portion for recycling by amending the current billing statement for water/sewer/trash services. Of the $4.95, the overhead expenses for Allied Waste amounts to $4.05. The remaining $.90, franchise portion, could be donated to local schools. He noted that there had been interest in the funding going toward the P-16 program and/or other aspects of education in Caldwell. Rachele Klein distributed draft poster promoting the program. She noted that the suggested project has been renamed as -16 program. Councilman Callsen announced that the female on the poster was his granddaughter. Ms. Klein noted that the P-16 program is currently resource might be a good resource to assist this successful program. If the partnership is approved by City Council, a direct mailing would be conducted, website announcements would be created, and billing inserts would be provided to market the program to the citizens of Caldwell. The funding can be divided among the P-16 program and Caldwell Schools as designated. Councilman Hopper spoke in favor of the proposed program. BOOK 54 PAGE 81 Councilman Biggers comment- Ms. Klein announced that construction will begin soon on the first material recovery facility in Idaho. All of the unsorted materials received from households will be taken to the new facility where it will be unmingled and then used by local manufacturing companies. It will be located at Ten Mile and I-84. øÝÑÒÍ×ÜÛÎ ÎÛÍÑÔËÌ×ÑÒ ßËÌØÑÎ×Æ×ÒÙ ÌØÛ ÛÈÛÝËÌ×ÑÒ ÑÚ ÌØÛ ÍÛÝÑÒÜ ßÓÛÒÜÓÛÒÌ ÌÑ ÍÑÔ×Ü ÉßÍÌÛ ÝÑÔÔÛÝÌ×ÑÒ ßÒÜ Ü×ÍÐÑÍßÔ ÚÎßÒÝØ×ÍÛ ÝÑÒÌÎßÝÌ É×ÌØ ßÔÔ×ÛÜ ÉßÍÌÛ ÍÛÎÊ×ÝÛÍ ÑÚ ÒÑÎÌØ ßÓÛÎ×Ýßô ÔÔÝ÷ Brent Orton, 621 Cleveland Blvd., tonight. th Mark Hilty, City Attorney at 1303 12 Avenue Road, Nampa, recommended that the City Clerk include this item under the Consent Agenda at the next City Council Meeting with a written resolution. Mr. Orton presented information concerning the modified contract with includes necessary language and rates to make the program partnership effective with Allied Waste. MOVED by Hopper, SECONDED by Callsen to approve the new solid waste agreement which reflects the new rates and authorize staff to prepare a resolution for adoption under the Consent Calendar at the next Regularly Scheduled City Council Meeting on August 5, 2013. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED øÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ÝßÍÛ ÒÑò ßÒÒóðïóïíô ß ÎÛÏËÛÍÌ ÞÇ ÖÑØÒ ßÒÜ ßÒÙÛÔ×Òß ßÔÛÓßÒ ÚÑÎ ßÒÒÛÈßÌ×ÑÒ ÑÚ ßÐÐÎÑÈ×ÓßÌÛÔÇ íòéé ßÝÎÛÍô ÓÑÎÛ ÑÎ ÔÛÍÍô ×ÒÌÑ ÌØÛ Ý×ÌÇ ÑÚ ÝßÔÜÉÛÔÔ É×ÌØ ßÒ Îóï ÔÑÉ ÜÛÒÍ×ÌÇ ÎÛÍ×ÜÛÒÌ×ßÔ ÆÑÒÛ ÔÑÝßÌÛÜ ßÐÐÎÑÈ×ÓßÌÛÔÇ ïéð ÚÛÛÌ ÒÑÎÌØ ÑÚ ØÑÓÛÜßÔÛ ÎÑßÜ ÑÒ ÌØÛ ÛßÍÌ Í×ÜÛ ÑÚ ÉßÎ ÛßÙÔÛ ÎÑßÜ÷ The Council President announced that the public hearings tonight are quasi-judicial in nature and asked the City Clerk to swear in those who would be providing public testimony. Brian Billingsley, 621 Cleveland Blvd., acknowledged being sworn in and presented the staff report outlining the facts as written. He provided an aerial map of the site which the Council President labeled as CC-1000. He reported that the applicant is desirous of building a single family dwelling at the site. There is no landscape or parking requirements associated with the application. No public agency comments were received. The basis of the annexation is for City water to be provided to the site. The Planning & Zoning Commission recommends approval. John Aleman, 2722 Summercrest Street, acknowledged being sworn in and spoke in favor of the request. He expressed his desire to build a single family residence at the site. MOVED by Callsen, SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ANN-01-13: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site presented by Brian Billingsley). MOVED by Hopper, SECONDED by Ozuna to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ANN-01-13: MOVED by Hopper, SECONDED by Callsen to accept the Comprehensive Plan Analysis as presented in the staff report under roman number V. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ANN-01-13: MOVED by Hopper, SECONDED by Pollard 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 request. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED BOOK 54 PAGE 82 CONCLUSIONS OF LAW ON CASE NO. ANN-01-13: MOVED by Ozuna, SECONDED by Hopper 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. ANN-01-13: MOVED by Hopper, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ANN-01-13, a request by John and Angelina Aleman for annexation of approximately 3.77 acres into the City of Caldwell with an R-1 Low Density Residential zoning designation, located approximately 170 feet north of Homedale Road on the east side of War Eagle Road, is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. MOTION CARRIED øÐËÞÔ×Ý ØÛßÎ×ÒÙ ÅÏËßÍ×óÖËÜ×Ý×ßÔÃæ ÝßÍÛ ÒÑò ÆÑÒóèéóïíô ß ÎÛÏËÛÍÌ ÞÇ ÐÛÎÎÇ ßÒÜ ÍØ×ÎÔÛÇ ÔÛÚÚÔÛÎ ÚÑÎ ß ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÐÔßÒ ÓßÐ ÝØßÒÙÛ ßÒÜ ß ÎÛÆÑÒÛ ÑÚ ßÐÐÎÑÈ×ÓßÌÛÔÇ ìòïð ßÝÎÛÍ ÚÎÑÓ Ýóì ÚÎÛÛÉßÇ ÝÑÓÓÛÎÝ×ßÔ ÌÑ Óóï Ô×ÙØÌ ×ÒÜËÍÌÎ×ßÔ ÔÑÝßÌÛÜ ßÌ ð ßÒÜÇ ÔßÒÛ ßÒÜ ïíïï ßÒÜÇ ÔßÒÛ ßÒÜ ÌØÛ ÛßÍÌÛÎÔÇ Í×ÜÛ ÑÚ ßÒÜÇ ÔßÒÛ ßÐÐÎÑÈ×ÓßÌÛÔÇ ëðð ÚÛÛÌ ÍÑËÌØ ÑÚ ÚÎßÒÕÔ×Ò ÎÑßÜ÷ Brian Billingsley, 621 Cleveland Blvd., reported that he had e-mailed the staff report to the applicant last week and left a message on their voicemail this afternoon The applicant has not made contact with staff. MOVED by Hopper, SECONDED by Pollard to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on August 5, 2013 at 7:00 p.m. in the Caldwell City Council th Chambers located at 110 South 5 Avenue. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS ) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $757,876.15 for the period ending July 5, 2013and net payroll in the amount of $283,247.49 for the pay period ending June 15, 2013. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $757,876.15 represented by check numbers 95005 through 95366 and the total payroll in the amount of $283,247.49 represented by check numbers 25327 through 25386 payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. Roll call vote. Those voting yes: Callsen, Pollard, Biggers, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard announced that he will be representing the Mayor at the Miss Idaho Rodeo Pageant on th Wednesday, July 17. th Councilman Hopper expressed his delight with the July 4 City-sponsored fireworks display, parade, and activities in Memorial Park. It was an exceptional day! Councilman Biggers reported that he and Councilman Pollard attended the Canyon County Animal Shelter fundraiser event. It was a successful event. He also attended Movies for a Cause at Memorial Park on July th 5 and was pleased with the attendance. Councilman Blacker reported that Caldwell Economic Development Council will be holding their annual retreat at the College of Idaho on Friday. None. BOOK 54 PAGE 83 øÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ ÐËÎÍËßÒÌ ÌÑ ×ÜßØÑ ÝÑÜÛô ÍÛÝÌ×ÑÒ êéóîíìëô ÍËÞÍÛÝÌ×ÑÒ ï(B) FOR THE PURPOSE OF DISCUSSING THE EVALUATION, DISMISSAL OR DISCIPLINING OF, OR TO HEAR COMPLAINTS OR CHARGES BROUGHT AGAINST, A PUBLIC OFFICER, EMPLOYEE, STAFF MEMBER OR INDIVIDUAL AGENT, ÍËÞÍÛÝÌ×ÑÒ ïøÝ÷ ÌÑ Ü×ÍÝËÍÍ ßÝÏË×Í×Ì×ÑÒ ÑÎ ×ÒÌÛÎÛÍÌ ×Ò ÎÛßÔ ÐÎÑÐÛÎÌÇ ÒÑÌ ÑÉÒÛÜ ÞÇ ß ÐËÞÔ×Ý ßÙÛÒÝÇô ßÒÜ SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION) ½±²ª»²» ÓÑÊÛÜ ¾§ ر°°»®ô ÍÛÝÑÒÜÛÜ ¾§ Ý¿´´­»² ¬± ·²¬± Û¨»½«¬·ª» Í»­­·±² °«®­«¿²¬ ¬± ×¼¿¸± ݱ¼»ô Í»½¬·±² êéóîíìëô ï(b) for the purpose of discussing the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, Í«¾­»½¬·±² ïø½÷ ¬± ¼·­½«­­ ¿½¯«·­·¬·±² ±® ·²¬»®»­¬ ·² ®»¿´ °®±°»®¬§ ²±¬ ±©²»¼ ¾§ ¿ °«¾´·½ ¿¹»²½§ô ¿²¼ Subsection (f) for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 7:52 p.m. α´´ ½¿´´ ª±¬»ò ̸±­» ª±¬·²¹ §»­æ ر°°»®ô Ý¿´´­»²ô б´´¿®¼ô Þ·¹¹»®­ô Þ´¿½µ»®ô ¿²¼ Ѧ«²¿ò ̸±­» ª±¬·²¹ ²±æ ²±²»ò ß¾­»²¬ ¿²¼ñ±® ²±¬ ª±¬·²¹æ ²±²»ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ ®»½±²ª»²» ÓÑÊÛÜ ¾§ ر°°»®ô ÍÛÝÑÒÜÛÜ ¾§ Ý¿´´­»² ¬± ·²¬± λ¹«´¿® Í»­­·±²ò ÓÑÌ×ÑÒ ÝßÎÎ×ÛÜ (ADJOURNMENT) MOVED by Hopper, SECONDED by Callsen to adjourn at 8:25 p.m. MOTION CARRIED th APPROVED AS written THIS 5 DAY OF August , 2013. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk