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HomeMy WebLinkAbout2014-07-07city council minutesBOOK 55 PAGE 107 SPECIAL MEETING WORKSHOP July 7, 2014 6:00 p.m. (CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING BEER IN THE PARK PERMITS AS ISSUED BY THE CALDWELL CHIEF OF POLICE AND PROPOSED PLANNING & ZONING ORDINANCE UPDATES) Jarom Wagoner, Planning & Zoning Senior Planner of 621 Cleveland Blvd., outlined the proposed amendments to the Planning & Zoning Ordinance. It was noted that a public hearing concerning the proposed ordinance will be held July 21, 2014. Chief Allgood, 110 South 5th Avenue, outlined the content of the proposed permit application for the Beer in the Park document. He noted that the Parks & Recreation Department staff has requested that no glass alcoholic beverage containers be allowed within the parks. Signage will be posted in parks whe re no alcohol beverages are allowed. No decisions were made. The workshop adjourned at 6:32 p.m. REGULAR MEETING July 7, 2014 7:00 P.M. The Mayor reported that a public workshop was held at 6:00 p.m. regarding proposed changes to the dealing with the Planning & Zoning Ordinance and changes to the Beer in the Park permit. No decisions were made. He asked those in attendance to stand for the invocation lead by Reverend Freddie Lane of the Caldwell Christian Center 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 Biggers. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION Brian Allen, 211 N. Alaska, expressed his concern about his recently phone call to City Hall seeking information about the upcoming public workshops and public hearing for the budget. He wa s told by a City employee that they were unaware of the dates for the workshops or public hearing. The Mayor apologized for any confusion about the matter. Mr. Allen inquired as to the tax levy rate projection, the Union Pacific Railroad crossing upgrades, and the condition of I-84 near the Caldwell exits. Dates of the next upcoming budget workshop and the Noon Break Luncheons where budget matters will be discussed were provided to Mr. Allen. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regularly Scheduled City Council Meeting held on June 16, 2014; the Special City Council Meeting held on June 17, 2014; the Friends of the Depot Meetings held on December 12, 2013 and June 12, 2014; the Youth Master Plan Committee Meeting held on April 29, 2014; the Senior Center Board Meeting held on June 9, 2014; the Caldwell Planning & Zoning Commission Meeting held on June 10, 2014; and the Downtown Caldwell Organization Meeting held on June 17, 2014; 2. Approve Order of Decision for Case No. SUP -06-14 (Caldwell Recreation Department); 3. Approve Order of Decision for Case No. SUB-144(2)F-06 (Cumberland Subdivision No. 2 Final Plat); 4. Approve Resolution No. 90-14 authorizing the purchase of equipment for the Golf Course Department from the General Fund in the amount of $55,970; 5. Approve Amended Resolution No. 88-14 regarding an agreement with Mike Kane for the purpose of representing the City during Collective Bargaining with the Caldwell Fire Fighters Union; 6. Approve Resolution No. 91-14 authorizing the execution of listing agreements for the purpose of selling surplus property hangars located at the Caldwell Industrial Airport - 4611 Aviation Way and 5017 Aviation Way; 7. Approve Resolution No. 92-14 authorizing the award of an informal bid for bulk purchase of Light Emitting Diode (LED) street light equipment not to exceed $46,000; BOOK 55 PAGE 108 8. Approve Resolution No. 93-14 authorizing the acceptance of an informal bid for the replacement of the doors at O’Connor Field House with functional, code compliant doors in the amount of $24,991.44; 9. Approve Resolution No. 94-14 to accept a sewer mains easement from Corey Barton for Delaware Park No. 2, Unit No. 2; 10. Approve Resolution No. 95-14 to accept a sewer mains easement from Viper Investments, LLC for Whitney Springs No. 3, Phase 1 Ice Springs Street; 11. Approve Resolution No. 96-14 to accept a sewer mains easement from Viper Investments, LLC for Whitney Springs No. 3, Phase 1 Mesa Springs Avenue; 12. Approve Resolution No. 97-14 to accept the dedication of sewer, water, and street light fac ilities from Trilogy Development for Whitney Springs Subdivision 3, No. 1; 13. Approve Resolution No. 98-14 to accept the dedication of sewer, water, and street light facilities from Trilogy Development for Windsor Creek Subdivision 3; 14. Approve Resolution No. 99-14 authorizing the declaration of equipment as surplus property from the Information Technology Department and the Street Department to be donated to Computers for Kids; 15. Approve request from the City Clerk for approval of an Alcoholic Beverage License (B eer & Wine) for Manzo Shrimp & Ribs located at 322 South Kimball Avenue. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as printed. 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 OLD BUSINESS (CONTINUED 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) Brent Orton, 621 Cleveland Blvd., acknowledged being previously sworn in and presented a packet of information for Council’s consideration. He outlined the facts about irrigation issues pertinent to the Sienna Hills Subdivision request as researched by Engineering Department staff. The Mayor labeled the exhibits as follows: CC -1001 (e-mail from Gary Lee and Scott Stanfield regarding irrigation issues at Sienna Hills Subdivision) and CC-1002 (packet presented by the City Engineer containing maps and information from City staff about the irrigation issues at Sienna Hills Subdivision). Councilman Biggers asked about the source of the flooding on the developer’s land and who is responsible for it. Mr. Orton reported that a ditch is located on the property. The water from the head gate was open and thus flooded the subject property. In response to questions from Councilman Biggers, Mark Hilty, 1303 12th Avenue Road, Nampa, clarified that he has not been to the site but has gained knowledge from the information provided within the council packet. He noted that the City’s standard condition outlines the requirement for any developer to convey irrigation and drainage water across their property in order to take care of offsite needs. He explained that this has been a standard condition in every subdivision for many years and is consistent with Idaho law. Developers cannot interfere with the delivery of irrigation water regardless of the conditions placed upon the development. Staff is not contemplating about interfering with irrigation rights but rather following this standard condition. Mr. Hilty continued by stating that the surrounding properties have irrigation water rights. The question stands as to how the water has gotten to their property and the delivery mechanism that is appropriate with the City’s requirements. Water has not been delivered to the site since approximately 2006. No express easement or prescriptive easement can been located. Testimony from neighbors and the irrigation district believe that there was a ditch at the site; however, the developers cannot verify its existence. Ultimately this issue could be settled within civilian court between the developer and the neighbors. Mr. Hilty concluded that the standard condition will result in approval of the preliminary plat but not the final plat. Through the preliminary plat process, the developer would go to the two irrigation districts and work out the water/delivery right issues. There would be opportunity for resolve in the process. The developer understands the condition and is willing to abide by the condition. There are concerns about elevations and how this would affect the delivery system and where the facility should be built. However, the City’s position is clear in following the standard condition. Council should not make a determination concerning the prescriptive right since this is not the appropriate body to make that determination. Discussion followed. The Mayor clarified that Council has the option to approve the preliminary plat to include Item #2 (page seven (7) of the staff report); it is then the responsibility of the developer to meet that condition with the irrigation providers and the property owners for approval of the final plat. This body should not determine BOOK 55 PAGE 109 what the method should be or the specifics of that method. Council should reassert the City’s position concerning the standard condition as outlined. Mr. Hilty added that if everyone agreed that historically there was a ditch in the specified location, the City’s condition would not necessarily change. The debate is whether the ditch was a delivery facility in which prescriptive rights exist as enforceable by the neighbors. It would be different if we knew that the ditch existed and had been used for the delivery of irrigation water and rights had been established. The Mayor asked for clarification from the City Attorney about the evidence which was presented to Council tonight and reports given by City staff. He questioned if the property owners have had an opportunity to review that information. Mr. Orton stated that the supporting document s were completed late today and sent to City Council Members, the developer, and the City Attorney at approximately 5:00 p.m. The proper ty owners have not received the information. Mr. Hilty recommended that all documents be distributed by staff and then comments should be received about the supporting documents with rebuttal allowed by the applicant. Documents provided by Mr. White should be left with City staff for distribution and review as well. MOVED by Pollard, SECONDED by Callsen to continue the public hearing to the next Regularly Scheduled City Council Meeting to be held on July 21, 2014 at 7:00 pm. with the provision that the public testimony portion of the hearing remain open. The Mayor clarified that testimony will be received on July 21st specifically about the supporting documents as provided. Staff will distribute the documents appropriately. MOTION CARRIED NEW BUSINESS (CONSIDER BILL NO. 20 [ORDINANCE NO. 2973] ANNEXING DELAWARE PARK SUBDIVISION 2, UNIT 2 (INSTRUMENT #2014005153), WHITNEY SPRINGS SUBDIVISION 3, PHASE 1 (INSTRUMENT #2014018275), AND WINDSOR CREEK SUBDIVISION 3 (INSTRUMENT #2014006666) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton, 621 Cleveland Blvd., presented the staff report and recommended its approval. The Mayor read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. MOVED by Pollard, SECONDED by Biggers to waive the three reading process and consider Bill No. 20 (Ordinance No. 2973) 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. 20 (Ordinance No. 2973) and move for its passage. 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,521,053.63 for the period ending July 1, 2014 and net payroll in the amount of $271,706.68 for the pay period ending June 14, 2014. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,521,053.63 represented by check numbers 102556 through 103058 and the total payroll in the amount of $271,706.68 represented by check numbers 27152 through 27189 and payroll direct deposits be accepted, payment approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED BOOK 55 PAGE 110 (COUNCIL COMMENTS) Councilman Callsen reported that he recently met with the golf board concerning accommodations for handicapped persons working on the golf courses. Both golf pros have indicated that volume for golf is substantially reduced this calendar year. A recommendation is forthcoming from the golf board regarding charges for both courses. Appreciation was express by each Council Member concerning the excellent July 4th Celebration and the fireworks display. Councilman Biggers reported that all demolition work at the Veterans Memorial Building has been put on hold until proper liability insurance has been secured. He expressed his appreciation to City staff for their upkeep of Mallard Park. (MAYOR’S COMMENTS) The Mayor stated that the new restroom near the amphitheater at Mallard Park will commence construction a t the first of October. The Mayor commented on his attendance at the recent AIC Conference, the ribbon cutting ceremony for the new Canyon County Administration Building, and the Veterans Memorial Hall interior demolition and barbeque. The next City Council Budget Workshop is scheduled for July 22, 2014 at 6:00 p.m. at the Street Department Conference Room. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (C) FOR THE PURPOSE OF DISCUSSING DELIBERATION CONCERNING LABOR NEGOTIATIONS) MOVED by Callsen, SECONDED by Biggers to convene into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1(c) to discuss labor negotiations at 8:02 p.m. 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 Blacker to reconvene into Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Hopper, SECONDED by Blacker to adjourn at 9:17 p.m. MOTION CARRIED APPROVED AS written THIS 21st DAY OF July , 2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk