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Home My WebLink About2014-09-15city council minutes BOOK 55 PAGE 145 SPECIAL MEETING WORKSHOP September 15,2014 6:30 p.m. (CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING POSSIBLE AMENDMENTS TO THE PRELIMINARY PLAT TIME EXTENSION POLICY) Council President Blacker call the workshop to order. Brent Orton, 621 Cleveland Blvd., stated that Engineering and Planning&Zoning Department staff members have received requests from various developers for staff to consider revisions to the preliminary plat time extension process. Jarom Wagoner, Senior Planner at 621 Cleveland Blvd., provided a proposed ordinance to the Council Members for review. He noted that administrative time extensions up to 24 months could be authorized by the planning & zoning director and public works director. All time extensions following the one time administrative time extension would be approved by City Council. Discussion followed. It was suggested that the administrative approvals possibly be listed online for review by the Council Members and/or be put on the Consent Calendar for final approval by Council. Testimony was provided by John Evans and Shawn Brownlee in favor of the extension proposal. No action was taken or decisions made. The workshop adjourned at 6:59 p.m. REGULAR MEETING September 15,2014 7:00 P.M. Council President Blacker reported that a public workshop was held at 6:30 p.m.regarding proposed changes to the Preliminary Plat Time Extension Policy. No decisions were made or action taken. Council President Blacker asked those in attendance to stand for the invocation lead by Pastor Bruce Simpkins of New Life Bible Fellowship 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 A. Pastor Jim Porter—Compassion Caldwell Event: Information was provided by Pastor Porter concerning the upcoming Compassion Caldwell event to be held on October 25,2014. This will be a health,mental,and dental screening event for Caldwell citizens. Approximately 300-500 people are expected with approximately 200 volunteers assisting that day. Sponsorships are being accepted at$32 per person. In response to questions from Council Member Ozuna, Pastor Porter reported that twelve dental stations will be set up with dental professionals offering free x-rays and extractions that day. Skilled professionals are still being recruited. B. American Government Class Members from Caldwell High School: Ms.Adams,American Government teacher at Caldwell High School,was acknowledged by Council President Blacker. Each student stood and introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Callsen,SECONDED by Hopper to accept the agenda as presented. MOTION CARRIED AUDIENCE PARTICIPATION None. CONSENT CALENDAR: 1. Approve acceptance of the minutes of the Regular City Council Meetings held August 18, 2014 and September 2, 2014 and the Special City Council Meetings held on September 3, 2014, September 5,2014, and September 9, 2014;the Caldwell Housing Authority Meeting held on August 28,2014; and the Caldwell Industrial Airport Commission Meeting held on September 4,2014. BOOK 55 PAGE 146 2. Approve the appointment of Ken Chapman to the Pathways and Bike Routes Committee with a term to expire on December 31,2015; 3. Approve Resolution No. 142-14 authorizing the execution of an Independent Contractor Agreement with Jerome Mapp to provide Hearing Examiner and Administrative Hearing Officer services for the Caldwell Planning and Zoning Department effective October 1,2014; 4. Approve Resolution No. 143-14 accepting an Easement from Canyon County for sanitary sewer and domestic water main lines located generally at the southeast corner of Pond Lane and US Hwy 20/26; 5. Approve Resolution No. 144-14 authorizing the purchase of three equipment items (10- wheeler sander attachment, a 10-wheeler plow attachment, and a platform trailer) at a total cost not to exceed$53,000 for use by the Street Department; 6. Approve Resolution No. 141-14 adopting the "City of Caldwell Prayer Policy" effective immediately upon approval. 7. Approve Resolution No. 145-14 accepting a Warranty Deed from the Caldwell East Urban Renewal District for real property commonly known as Pipe Dream Park located on the north side of Skyway Street east of Smeed Parkway; 8. Approve request from the Caldwell Police Department concerning the destruction of semi- permanent records; 9. Approve request from the Planning & Zoning Department for acceptance of the 2015 Planning&Zoning Commission/Hearing Examiner Calendar; 10. Approve request from the City Clerk for acceptance of the 2015 City Council Calendar. MOVED by Pollard,SECONDED by Hopper to approve the Consent Calendar as printed. 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 (PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE APPROPRIATION ORDINANCE FOR FISCAL YEAR 2014) E1Jay Waite provided the staff report and outlined the budget amendments. FY 2012 FY 2013 FY 2014 FY 2014 Actual Actual Budgeted Proposed Tentative FUND Expenditures Expenditures Expenditures Increase Expenditures General Fund $ 15,721,177 $ 16,033,201 $ 17,736,238 $ - $ 17,736,238 Caldwell Events Center Fund 183,699 198,899 199,567 - 199,567 Library Fund 684,247 684,469 853,201 325,000 1,178,201 Street Fund 6,73 8,743 7,082,421 6,154,427 - 6,154,427 Airport Fund 1,211,559 651,894 775,330 - 775,330 Recreation Fund 544,702 457,842 821,887 - 821,887 Liability Ins Fund 305,221 316,126 318,152 - 318,152 Cemetery Fund L 204,802 200,797 256,692 - 256,692 Cemetery Capital Imp Fund - 14,299 20,000 - 20,000 Cemetery Perp Care Fund - - - - - DAV-Veteran's Building - - - 15,000 15,000 CDBG Fund 444,830 55,170 - 50,000 50,000 H.U.D.Fund (Remaining) 2,247 2,220 2,200 - 2,200 Local Improvement Dist 109,966 386,588 55,316 - 55,316 General Obligation Bonds 1 463,206 459,498 462,250 - 462,250 Debt Service Funds L - - - - - Capital Improvement Fund 361,313 422,263 476,300 - 476,300 Park Impact Fee Fund 609,875 201,712 212,000 - 212,000 Police Impact Fee Fund 13 - 32,300 - 32,300 Fire Impact Fee Fund 6 - 50,000 - 50,000 Golf Fund 686,291 741,063 675,076 - 675,076 BOOK 55 PAGE 147 Water Fund 3,689,715 4,026,988 4,527,978 - 4,527,978 Sewer Fund 5,953,581 6,505,625 7,930,990 - 7,930,990 Sanitation Fund 3,004,023 2,894,531 3,165,301 - 3,165,301 Street Lighting Fund 405,806 425,469 481,278 - 481,278 Irrigation Fund 923,851 1,093,070 1,174,026 - 1,174,026 Employee Health CarePlan Trust 2,514,871 2,574,526 2,823,991 - 2,823,991 Employee Health Ins Fund 87,058 2,044 153,000 - 153,000 Employee Dental Ins Fund 170,000 - - - - Employee Flex Fund 115,939 110,484 2,000 112,000 114,000 Agency Fund (39,756) 138,197 21,050 20,000 41,050 C.A.T.C.H. 169,966 (74) - - - TOTAL Expenditures $ 45,266,950 $ 45,679,321 $49,380,549 $522,000 $49,902,549 (CONSIDER BILL NO. 24 [ORDINANCE NO. 2977] TO AMEND APPROPRIATION ORDINANCE NO. 2944 WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Council President read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, AMENDING ORDINANCE NO. 2944 (Bill 23),THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED AND/OR EXPENDED BY THE CITY OF CALDWELL,IDAHO,IN THE SUM OF $522,000 AND PROVIDING AN EFFECTIVE DATE. MOVED by Hopper,SECONDED by Ozuna to waive the three reading process and consider Bill No.24 (Ordinance No.2977)on its first reading by title only. 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 Biggers to sponsor Bill No.24(Ordinance No.2977)and move for its passage. 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 NEW BUSINESS (CONSIDER BILL NO. 25 [ORDINANCE NO. 2978] FOR THE ANNEXATION OF VIRGINIA PARK SUBDIVISION NO. 7 [INSTRUMENT #2014-027271] INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) Brent Orton,621 Cleveland Blvd.,provided the staff report noting that this is a voluntary request from the property owner for annexation into the Caldwell Municipal Irrigation District. The Council President 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 Hopper to waive the three reading process and consider Bill No.25 (Ordinance No.2978)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 BOOK 55 PAGE 148 MOVED by Pollard,SECONDED by Hopper to sponsor Bill No.25 (Ordinance No.2978)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 (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER ZON-04-14, A REQUEST BY HG LEASE HOLDCO FOR A REZONE OF 2.54 ACRES, MORE OR LESS, FROM R-1 [LOW DENSITY RESIDENTIAL] TO C-2 [COMMUNITY COMMERCIAL]. THE SUBJECT PROPERTY IS LOCATED AT 5315 MIDWAY AVENUE IN CALDWELL,IDAHO) The Council President asked the City Clerk to swear in those who would be providing public testimony. Jarom Wagoner, 621 Cleveland Blvd.,acknowwedged being sworn in and provided the staff report. Mr. Wagoner stated that the subject property was annexed into the City Limits in December 2001 and in January 2008 a special-use permit was approved for a church to be constructed on the site.The applicant is looking to rezone the parcel to Community Commercial with the reason being that the property has been for sale for a few years with little interest due to the current residential zoning classification. The Comprehensive Plan Map designated the parcel as commercial. Mr. Wagoner stated that it is staff's recommendation of a C-1 (Neighborhood Commercial) zoning designation rather than C-2 (Community Commercial) since the surrounding properties are residential in use. In a C-I zone professional office space is an outright allowed use. In response to questions from Councilman Hopper, Mr. Wagoner stated that a church is an outright permitted use within the C-I zone. He noted that the outparcel is currently a residential rental property owned by Maurice Clements. Mr. Clements attended the Planning&Zoning Public Hearing and was in agreement with the proposed C-I zone. Ron Ramza,802 N.Bannock,Boise,acknowledged being sworn in and spoke in favor of the request as the applicant. He concurred with the staff report and recommendation for C-I zoning. MOVED by Pollard,SECONDED by Hopper to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.ZON-04-14: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1001 (an aerial map of the site presented by Jarom Wagoner). MOVED by Hopper,SECONDED by Callsen to accept the Evidence List as presented. MOTION CARRIED COMPREHENSIVE PLAN ANALYSIS FOR CASE NO.ZON-04-14: 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.ZON-04-14: MOVED by Hopper,SECONDED by Callsen 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,noting that there was no opposition to the applicant's request. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO.ZON-04-14: 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.ZON-04-14: 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.ZON-04-14,a request by HG Lease Holdco,LLC for a rezone of 2.54 acres,more or less,from R-I Low Density Residential to C-I Commercial located at 5315 Midway Road in Caldwell, Idaho be approved with the conditions of approval as outlined in the staff report. BOOK 55 PAGE 149 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 Biggers to close the public hearing. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER APP-01-14,AN APPEAL TO CITY COUNCIL OF THE HEARING EXAMINER'S APPROVAL OF A SPECIAL-USE PERMIT TO INCREASE THE CURRENT OCCUPANCY LOAD AND TO ALLOW FOR OUTDOOR EVENTS AT THE COLOMBIA EVENT CENTER,LOCATED WITHIN A C-3[SERVICE COMMERCIAL] ZONE. THE SUBJECT PROPERTY IS LOCATED AT 3801 LAKE AVENUE,IN CALDWELL, IDAHO) MOVED by Hopper, SECONDED by Biggers to continue this item as requested by staff to the next Regularly Scheduled City Council Meeting to be held on October 6,2014. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of$590,160.55 for the period ending September 10,2014 and net payroll in the amount of$277,409.71 for the pay period ending September 6,2014. MOVED by Callsen,SECONDED by Hopper that accounts payable in the amount of$590,160.55 represented by check numbers 104148 through 104440 and the total payroll in the amount of$277,409.71 represented by check numbers 27502 through 27526 and 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) Council Member Callsen reported on the recent outstanding College of Idaho football game at Simplot Stadium. Council Member Hopper reported on the Indian Creek Festival,The College of Idaho football game,and other events throughout the community. Council President Blacker reported on the progress of the City throughout the past few years. Council Member Ozuna reported on The College of Idaho game and noted that the Exchange Club,the Rotary Club,and the Lions Club were all represented at the football game. Council Member Biggers reported on the success of the Farm to Fork Dinner on Friday,September 12th and the Indian Creek Festival. (MAYOR'S COMMENTS) None. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE,SECTION 67-2345,SUBSECTION(F)FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION OR WHERE THERE IS A GENERAL PUBLIC AWARENESS OF PROBABLE LITIGATION) MOVED by Pollard,SECONDED by Biggers pursuant to Idaho Code,Section 67-2345,Subsection(f)for the purpose of discussing pending litigation or where there is a general public awareness of probable litigation at 7:50 p.m. 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 Hopper,SECONDED by Biggers to reconvene into the Regular Session. MOTION CARRIED (ADJOURNMENT) MOVED by Pollard,SECONDED by Hopper to adjourn at 8:07 p.m. MOTION CARRIED BOOK 55 PAGE 150 APPROVED AS written THIS 6" DAY OF October ---------2-2014. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk