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HomeMy WebLinkAbout2014-06-16city council minutesBOOK 55 PAGE 99 REGULAR MEETING June 16, 2014 7:00 P.M. The Mayor asked those in attendance to stand for the invocation lead by Reverend Rob Belles of the Caldwell Christian 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 (via phone), Callsen, Pollard, and Biggers. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Pollard, SECONDED by Callsen to amend the agenda by removing the Executive Session and removing Item #3 from the Consent Calendar as requested by staff. MOTION CARRIED AUDIENCE PARTICIPATION Chelsea Geona-Lincoln, 523Edmund Street, presented hand -out materials concerning a request for a Non- Discrimination Ordinance for all City of Caldwell citizens based on sexual orientation or gender identity in employment, housing, and public accommodations. She read into the record a letter of support from Jerry and Margaret Langan of Caldwell. She stated her support for such an ordinance and asked for Council’s consideration of the request. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on June 2, 2014; the Special City Council Meeting held on June 10, 2014; the Caldwell Public Library Board Meetings held on April 15, 2014 and May 1, 2014; the Caldwell Senior Center Board Meeting held on May 12, 2014; the Caldwell Housing Authority Committee Meeting held on May 19, 2014; the Youth Master Plan Committee Meeting held on April 29, 2014; the Caldwell Downtown Committee Meetings held on May 6, 2014, May 27, 2014, and June 2, 2014; the Caldwell Industrial Airport Commission Meeting held on June 5, 2014; and the Caldwell Hearing Examiner Meeting held on May 13, 2014; 2. Approve the Order of Decision for Case No. ZON-01-14 (Ashley Manor); 3. Approve Resolution authorizing the purchase of equipment for the Golf Course Department from the General Fund in the amount of $55,970; [REMOVED] 4. Approve Resolution No. 86-14 accepting the dedication of sewer, water, storm drain, and street light facilities from Trilogy Development for Delaware Park Subdivision No. 2, Unit No. 2; 5. Approve Resolution No. 87-14 authorizing the execution of an Agreement for Professional Services with JUB Engineers for design-only services associated with the rehabilitation and reconstruction projects at the Caldwell Industrial Airport; 6. Approve Resolution No. 88-14 authorizing the approval of an Agreement with Mike Kane for the purpose of representing the City during arbitration with the Caldwell Fire Fighters Union; 7. Approve Resolution No. 89-14 accepting the Award of Bid for asbestos abatement associated with the the demolition of Connie’s Ceramics located at 2022 E. Linden; 8. Approve request from the Caldwell Police Department for the destruction of temporary and semi-permanent records; 9. Approve request from the City Clerk for approval of an Alcoholic Beverage License for the Best Western Caldwell Inn & Suites. MOVED by Pollard, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper, and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS (CONTINUED PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUP-06-14 A REQUEST BY CITY OF CALDWELL RECREATION DEPARTMENT FOR A SPECIAL-USE PERMIT TO CONSTRUCT A RECREATION FACILITY WITHIN AN R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF HARRISON STREET AND 5TH AVENUE IN CALDWELL, IDAHO) BOOK 55 PAGE 100 Mayor Nancolas read into the record correspondence received on June 15, 2014 from Dave Morris, Executive Director of the YMCA indicating his support of the project, which the Mayor labeled as CC- 1002. The Mayor referenced the written report from Collette Sanders regarding her meeting with the YMCA Director and the use of the facility as it relates to noise within the neighborhood, which the Mayor labeled as CC-1003. Collette Sanders, Recreation Superintendent at 618 Irving Street, addressed the fact that activities will be transpiring within the building including PAL occasional boxing matches. All programs will have a low- noise impact. The proposed outdoor activities include volleyball and basketball courts which will be used at random by the community with a low noise impact. John Lewis, 510 Fillmore, asked why the Memorial Park site was chosen and not other parks. In response, Ms. Sanders stated that Memorial Park was chosen because of the many recreational amenities available at the site as well as its accessibility to the community. Councilman Callsen commented that the facility will also serve as the headquarters for the CPD Bicycle Patrol Division which will frequently allow six patrol officers to be present within the area. MOVED by Callsen, SECONDED by Blacker to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUP-06-14: The Mayor presented the Evidence List: staff report, sign-up sheets, CC-1000 (information packet provided by Collette Sanders) and CC-1001 (aerial map of the site presented by Brian Billingsley), CC-1002 (e-mail from Dave Morris of the YMCA), and CC -1003 (report from the Recreation Superintendent Collette Sanders). MOVED by Callsen, SECONDED by Ozuna to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUP-06-14: MOVED by Callsen, SECONDED by Biggers to accept the general facts as outlined in the staff report, the public testimony that was given in this matter, and the evidence list that was presented. All adopted City ordinances, standards and codes were used in evaluating the application. The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. SUP -06-14: 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. SUP-06-14: MOVED by Pollard, SECONDED by Callsen based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case Number SUP -06-14 a request by City of Caldwell Recreation Department for a special-use permit to construct a recreation facility within an R -2 (Medium Density Residential) zone located at the corner of Harrison Street and 5th Avenue in Caldwell, Idaho, is approved with the conditions as outlined within the staff report. Roll call vote. Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper , and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Callsen, SECONDED by Blacker to close the public hearing. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 18 [ORDINANCE NO. 2971] TO AMEND VARIOUS SECTIONS OF THE CITY CODE ADDRESSING LIABILITY INSURANCE REQUIREMENTS AND ALLOWING MINIMUM LIMITS TO BE SET BY COUNCIL RESOLUTION WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) Mark Hilty, 1303 12th Avenue Road, Nampa, addressed the history and purpose of the ordinance. He noted that there are provisions within the City Code that require proof of insurance for various purposes such as taxicab or commercial transportation vehicle licenses, erection of monument or tombstone, private patrolmen, firework permits, street banner handling, special events, and arborist contractor license. The ordinance will allow modification of insurance requirements by resolution rather than by ordinance. He explained that proof of insurance requirement is not considered a fee by Idaho Code, but the process for BOOK 55 PAGE 101 may be reviewed annually to determine if the insurance requirements are appropriate. Resolution 85-14 is a companion document and thereby sets the terms as referenced in the ordinance. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-05 OF THE CALDWELL CITY CODE, RELATING TO INSURANCE REQUIREMENTS FOR THE ERECTION OF A MONUMENT OR TOMBSTONE; AMENDING CHAPTER 6, ARTICLE 21, SECTION 06-21-15, RELATING TO INSURANCE REQUIREMENTS FOR PRIVATE PATROLMEN; AMENDING CHAPTER 8, ARTICLE 13, SECTION 08 -13-09, RELATING TO INSURANCE REQUIREMENTS FOR FIREWORKS PERMITS; ENACTING CHAPTER 10, ARTICLE 2, SECTION 10-02-06, SUBSECTION 14, CODIFYING INSURANCE REQUIREMENTS FOR THE HANGING OF STREET BANNERS; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10-02-13 AND ARTICLE 8, SECTION 10-08-02, RELATING TO INSURANCE REQUIREMENTS FOR SPECIAL EVENTS AND ARBORIST CONTRACTOR LICENSES, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. MOVED by Pollard, SECONDED by Callsen to waive the three reading process and consider Bill No. 1 8 (Ordinance No. 2971) on its first reading by title only. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard, SECONDED by Ozuna to sponsor Bill No. 18 (Ordinance No. 2971), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER RESOLUTION NO. 85-14 ESTABLISHING LIABILITY INSURANCE REQUIREMENTS, INCLUDING MINIMUM POLICY LIMITS, WITHIN VARIOUS PROVISIONS OF THE CALDWELL CITY CODE) MOVED by Callsen, SECONDED by Biggers to approve Resolution No. 85-14 as presented. 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 (CONSIDER BILL NO. 19 [ORDINANCE NO. 2972] ORDINANCE PROHIBITING SMOKING AND OTHER TOBACCO USE AT SIMPLOT STADIUM, O’CONNOR FIELD HOUSE, AND GABIOLA FIELD, PROHIBITING SMOKING AT THE CALDWELL NIGHT RODEO ARENA AND WOLFE FIELD BASEBALL STADIUM, AND SETTING A FINE FOR VIOLATION THEREOF WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Mark Hilty, 1303 12th Avenue Road, Nampa, presented the ordinance and a n aerial map showing the designated areas as referenced within the proposed ordinance. This ordinance is the result of workshop discussion by Council concerning this matter. He noted that the College of Idaho and the Canyon County Fair have also indicated their support of this action. He clarified that the ordinance is merely codification of the existing policy at the Caldwell Event Center. The Mayor noted that this action will help p rotect the synthetic turfs at both Simplot Stadium and Wolfe Field. The Mayor reported that Mark Davis, Facility’s Manager at the Caldwell Event Center, had indicated to him that this is a codification of the current policies in place. Lori Volz, 26275 Riverview Drive, Wilder, spoke in favor of the ordinance. The Mayor stated that signage will be prominently placed in the specified areas in accordance with the ordinance. Southwest District Health Department will be providing the signage. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ADDING A NEW SECTION TO CHAPTER 8, ARTICLE 1, TO WIT, SECTION 08 -01-29, ENTITLED “SMOKING PROHIBITED IN CERTAIN LOCATIONS”; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FO R SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Callsen, SECONDED by Biggers to waive the three reading process and consider Bill No. 19 (Ordinance No. 2972) on its first reading by title only. Roll call vote: Those voting yes: Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: Hopper. Absent and/or not voting: none. BOOK 55 PAGE 102 MOTION CARRIED MOVED by Callsen, SECONDED by Biggers to sponsor Bill No. 19 (Ordinance No. 2972), move for its passage. Roll call vote: Those voting yes: Callsen, Pollard, Biggers, Blacker, and Ozuna. Those voting no: Hopper. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 6 [ORDINANCE NO. 2959] FOR ZON-01-14 [ASHLEY MANOR] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read the ordinance by title only: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Pollard, SECONDED by Blacker to waive the three reading process and consider Bill No. 6 (Ordinance No. 2959) on its first reading by title only. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna, Hopper and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Pollard, SECONDED by Blacker to sponsor Bill No. 6 (Ordinance No. 2959 ), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Pollard, Biggers, Blacker, Ozuna , Hopper and Callsen. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB-02[P]-14 A REQUEST BY HOWELL-MURDOCH DEVELOPMENT CORPORATION FOR PRELIMINARY PLAT APPROVAL OF SIENNA HILLS SUBDIVISION, PHASES 3-11, CONSISTING OF 75.6 ACRES TO BE SUBDIVIDED INTO 218 RESIDENTIAL LOTS AND 16 COMMON LOTS IN AN R-1 LOW DENSITY RESIDENTIAL ZONE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF INDIANA AVENUE AND ORCHARD AVENUE IN CALDWELL, IDAHO) Jarom Wagoner, 621 Cleveland Blvd., acknowledged being sworn in and outlined the staff report as written. He noted that the final plat extension expired in June 2013 thus requiring the applicant to resubmit a preliminary plat application. The initial application was first submitted in 2006 with the minimum lot size being 6,000 square feet. The minimum lot size required by the City Code is now 8,000 square feet within the R-1 Zone. The applicant has complied with this requirement. The Hearing Examiner did recommend approval with conditions. Brent Orton, 621 Cleveland Blvd, acknowledged being swo rn and addressed the correspondence received from ITD today about traffic mitigation issues. He outlined the recommendation from ITD concerning traffic signalization requirements at Indiana/Florida/Lake Avenues. A traffic signal mitigation obligation is already in place with the developer and ITD has been made aware of this fact. The Mayor labeled the aerial map of the site as CC -1000 and the correspondence from Idaho Transportation Department as CC-1001. Darin Holzhey of Mason-Stanfield Engineers at 826 Third Street South, Nampa, acknowledged being sworn and spoke in favor of the application. He stated that the applicant is in agreement with the staff report. In response to questions from Councilman Callsen, Mr. Holzhey noted that a plan was presented to the neighbors concerning the availability of irrigation water but there has not been a response from the neighbors at this point. Lucille Wills, 15827 S. Florida Avenue, spoke in opposition to the request. She stated that there has not been a determination by the neighbors concerning irrigation issues. She referenced letters received from the developer and from the Boise Project Board of Control. She emphasized the need of maps to be provided by the developer concerning the irrigation plan. Don Wills, 15827 S. Florida Avenue, agreed with the testimony of his wife, Lucille Wills. He noted his opposition to the request until there has been an agreement concerning the water issues. BOOK 55 PAGE 103 Benny White, 15270 S. Florida, spoke in opposition to the request. He stated his concerns regarding the lack of irrigation water for the neighbors. He asked that the hearing be continued until a formal resolve has been reached concerning the water rights issue. In rebuttal, Mr. Holzhey stated that he would be in agreement with continuing the hearing for an additional two weeks to allow time to resolve the water right issues. Discussion followed. It was recommended by the Mayor that Mr. Holzhey meet with the neighbors and pr esent a plan for their review. In response to questions from Councilman Biggers, Mr. Holzhey clarified that a letter of approval would need to be on file from the Nampa & Meridian Irrigation District and the Boise Project Board of Control stating their agreement with the proposed plan. In response to comments from Councilman Callsen, Mr. Orton stated that City staff will investigate the facts concerning the lack of water for neighbors and will submit a report to Council at the next City Council Meeting. MOVED by Pollard, SECONDED by Blacker to continue the Public Hearing to the next Regularly Scheduled City Council Meeting to be held on July 7, 2017 at 7:00 p.m. with the provision that the p ublic testimony portion of the hearing remain open for Mr. Holzhey to report on the progress of any meeting(s) with the neighbors and for staff to report on their findings. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $827,701.55 for the period ending June 10, 2014 and net payroll in the amount of $275,378.33 for the pay period ending May 31, 2014. MOVED by Callsen, SECONDED by Biggers that accounts payable in the amount of $827,701.55 represented by check numbers 102258 through 102555 and the total payroll in the amount of $275,378.33 represented by check numbers 27120 through 27151 and payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Pollard stated that he is in favor of Council Members considering an anti-discrimination ordinance. Councilman Callsen reported that the Labor Negotiations Committee has met with Mr. Kane concerning the Fire Fighters Labor Union negotiations. Councilman Blacker reported that the employees of Key Bank have cleaned the windows at the Caldwell Train Depot for the second year. He expressed his appreciation on behalf of the Friends of the Depot for this act of kindness and community support. He provided updates concerning the Caldwell Housing Authority’s sewer project and the Veteran’s Memorial Hall remodeling project. (MAYOR’S COMMENTS) The Mayor reported that he recently spoke at the Boy’s State Convention. The Summer Series for the Noon Break Luncheons highlighting the City budget process will be held on July 8th (Caldwell Memorial Park) and August 5th (College of Idaho Dining Hall). The TVCC Graduation Ceremony was held at the Caldwell High School Auditorium on Thursday, June 11th. The Association of Idaho Cities Conference will be held at the Boise Centre on June 18 -20. Canyon County Administration Building Ribbon Cutting Ceremony will be held on June 23rd at 2:00 p.m. Johnson Thermal Company Groundbreaking Ceremony will be held on June 24th at 2:00 pm The Relay for Life Event will be held on June 27th at 6:00 p.m. Please contact Susan Miller in the Mayor’s Office if you are interested in attending. The wedding ceremony for Councilman Biggers daughter, Sarah Biggers, will be held on June 28th at Mallard Park. The fireworks display will be held at Brother’s Park on July 4th at dusk. All the activities throughout the day will be conducted at Memorial Park as usual. The City’s website has details concerning the day’s activities. The Mayor presented a request from Monica Jones, Human Resources Director , concerning part-time employees and grandchildren of City employees to swim for free. It was recommended that a resolution be brought back for Council’s consideration at the next City Council Meeting. BOOK 55 PAGE 104 (ADJOURNMENT) MOVED by Blacker, SECONDED by Ozuna to adjourn at 8:26 p.m. MOTION CARRIED APPROVED AS written THIS 7th DAY OF July , 2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk