HomeMy WebLinkAbout2015-03-02 City Council Minutes BOOK 56 PAGE 24
SPECIAL MEETING
WORKSHOP
March 2,2015
6:15 p.m.
(CITY COUNCIL WORKSHOP FOR THE PURPOSE OF DISCUSSING A POTENTIAL
RAILROAD QUIET ZONE THROUGH DOWNTOWN CALDWELL)
The Mayor called the City Council Workshop to order at 6:15 p.m.
Robb MacDonald, 621 Cleveland Blvd, presented a PowerPoint presentation concerning the Railroad Quiet
Zone Evaluation conducted by Horrocks Engineers. He noted that localities desiring to establish a quiet zone
are first required to mitigate the increased risk caused by the absence of a train horn. Redesign costs of
intersections located at 4th,51n,Kimball,9th,12th,and 21"Avenues were outlined. The estimated project cost to
implement a railroad quiet zone would be between approximately$1,647,000 and$2,361,500.
Discussion followed. No decisions were made or action taken.
The workshop adjourned at 6:55 p.m.
REGULAR MEETING
March 2,2015
7:00 P.M.
The Mayor welcomed those in attendance. Pastor Jim Porter of the Caldwell Free Methodist Church provided
the invocation. The Mayor led the audience in the Pledge of Allegiance to the Flag.
The Roll of the City Council was called by the City Clerk with the following members present:Callsen,Pollard,
Biggers,Feucht(via phone),Ozuna,and Hopper.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
A. Students from Caldwell High School Government Class:
The Mayor acknowledged Ms. Adams, American Government teacher from Caldwell High School.
Each the students in attendance stood and stated their name.
B. Final report from the Downtown Caldwell Organization was presented by John McGee.
Mr.McGee outlined the key recommendations from the Committee: 1)Designate the former King's
building site as the future site of a plaza for downtown Caldwell;2)Assist the CEURA with issuing a
Request for Qualification for a design/build of the plaza;3)Hire a downtown economic development
director;and 4)Issue a Request for Qualification for a design build of a plaza utilizing the rendering
from Roger Brooks.
Additional steps for City Council to consider: 1)Create city ordinances that compliment the use of the
plaza by adjoining businesses; 2)Create a parking strategy; 3) Install a way-finding system; and 4)
Create a facade easement for adjoining buildings.
Additional steps for the Caldwell East Urban Renewal District to consider: 1)Issue a request for bids
to manage the plaza for year round activities/event and 2)Designate a governing board to oversee the
management of the plaza.
Additional steps for the DCO/Advisory Organization to consider: 1)Form a recruiting committee for
new businesses; 2) Create an active downtown merchants association; 3) Develop guidelines for a
retail strategy incorporating Roger Brooks' branding message; 4) Form a standing welcoming
committee for new businesses;and 5)Provide continuing recommendations to the City Council.
Discussion followed concerning the"buy-in factor"from local business owners to gain support for the
project as well as the stated recommendations from the DCO.
The Mayor expressed appreciation to Mr.McGee and the Downtown Caldwell Organization for their
accomplishments. In response to comments from Bob Carpenter,Mayor Nancolas clarified that the
information provided by the Downtown Caldwell Organization was presented in a special report
format only and no action would taken tonight by City Council.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Hopper, SECONDED by Biggers to amend the agenda by adding Item 93(a) under New
Business to read. "Discussion regarding collection options for delinquent Local Improvement District
(L.LD.)accounts."
MOTION CARRIED
Reason: The need for this agenda item was determined by City staff members after the agenda was posted.
BOOK 56 PAGE 25
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
1. Approve acceptance of the minutes of the Regular City Council Meeting held on February 17,
2015; the Downtown Caldwell Organization Meeting held on February 17, 2015; the Senior
Center Board Meeting held on February 9,2015;the Youth Master Plan Committee Meeting held
on November 25,2014;and the Caldwell Pathways and Bike Routes Committee Meeting held on
November 18,2014;
2. Approve the Order of Decision for Case No.ANN-02-14(Rodriguez Annexation);
3. Approve the request from Jacksons Food Stores,Inc. for the transfer of the Alcoholic Beverage
License for the current business located at 619 North 10th Avenue as recommended by the City
Clerk;
4. Approve request for the destruction of records from the Human Resource Department as
recommended by the City Clerk;
5. Approve Resolution No.46-15 authorizing the sale of beer and wine at Fairview Municipal Golf
Course Clubhouse and throughout the boundaries of said golf course;
6. Approve Resolution No.47-15 authorizing the declaration and disposition of excess City-owned
vehicles from the Police Department as surplus property to be sent to auction;
7. Approve Resolution No.48-15 authorizing the execution of the State and Local Agreement with
Idaho Transportation Department for Lincoln Elementary Safe Routes to Schools"SR2S";
8. Approve Resolution No.49-15 accepting the Award of Bid for the construction of the drain field
and septic tank for the new restroom located at Mallard Park to Idaho Backhoe,Inc.in the amount
of$15,491;
9. Approve Resolution No.50-15 authorizing the procurement of a new,budgeted Irrigation Control
for the Griffiths Park Pump Station in the amount of$11,720.41;
10. Approve Resolution No.51-15 authorizing the execution of the License Agreement from Pioneer
Irrigation District for the Homedale Road Intersection Safety Improvement Project;
11. Approve Resolution No. 52-15 authorizing the procurement of a long boom excavator from
Western States CAT in the amount of$191,631 for use by the Water/Irrigation Department;
12. Approve Resolution No. 53-15 authorizing the Master Agreements with Keller Associates for
design services at the Caldwell Wastewater Treatment Plant;
13. Approve Resolution No. 54-15 authorizing the Master Agreements with Bowen Collins &
Associates for design services at the Caldwell Wastewater Treatment Plant;
14. Approve Resolution No. 55-15 authorizing a Task Order with Control Engineers for the
Supervisory Control and Data Acquisition(SCADA)programming and standardization effort at
the Caldwell Wastewater Treatment Plant.
MOVED by Pollard,SECONDED by Biggers to approve the Consent Calendar as printed.
Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
OLD BUSINESS
None.
NEW BUSINESS
(CONSIDER BILL NO. 32 [ORDINANCE NO. 29851 FOR CASE NO. ANN-02-14
(RODRIGUEZ ANNEXATION) 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 CONTIGUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,AND THAT
SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL,IDAHO,AS PART OF THE
R-2 (MEDIUM DENSITY RESIDENTIAL) AND C-2 (COMMUNITY COMMERCIAL) ZONE;
DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A
PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY
ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE
OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING
THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE
AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY,STATE OF IDAHO AND
THE IDAHO STATE TAX COMMISSION,PURSUANT TO IDAHO CODE,SECTION 63-215.
MOVED by Pollard, SECONDED by Ozuna to waive the three reading process and consider Bill No. 32
(Ordinance No.2985)on its first reading by title only.
BOOK 56 PAGE 26
Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
MOVED by Pollard,SECONDED by Hopper to sponsor Bill No. 32(Ordinance No.2985),move for its
passage,and approve the summary for publication.
Roll call vote:Those voting yes:Pollard,Biggers,Feucht,Ozuna,Hopper,and Callsen. Those voting no:
none. Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER BILL NO. 8 [ORDINANCE NO. 29931 AMENDING SECTION 8-01-25
ALLOWING THE DISCHARGE OF FIREARMS WITHIN CALDWELL CITY LIMITS
PURSUANT TO WRITTEN PERMISSION FROM THE CHIEF OF POLICE WITH A
REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE
THE SUMMARY FOR PUBLICATION)
Chris Allgood, Caldwell Chief of Police at 110 South 5th Avenue, provided information concerning the
need for the ordinance amendment. He stated that a local business had been in contact with his office
expressing their concerns about the recent avian(bird)influenza situation and the affect it could have on
their private breeding stock. The business had made plans to contract with individuals who would help
them reduce the pigeon and crow population around their domestic stock. They were seeking permission
from the Chief of Police to initiate this action.
Chief Allgood reported that contacted the City Attorney where it was determined that there was no
provision within City Code to allow permission be given to address this type of situation. The City
Attorney has amended the ordinance accordingly.
In response to questions from Councilman Hopper, Chief Allgood reported that when he is
approached in the future for such permission to be granted,the release would be for a specific period
of time and specific purpose. Each case would be considered individually based on its seriousness.
The business who contacted his office could suffer severe losses if they do not have some capability to
control the bird population. The business will be responsible for any risk or liability involved.
Notification of such releases would be given to dispatch and the on-duty officers.
In response to questions from Councilman Callsen, the permission would be based on the type of
weapons discharged.
Maren Erickson, City Attorney at 1303 12th Avenue Road, Nampa, clarified that the ordinance
amendment addresses the review of each request on a case-by-case basis. Written authorization is
required from the Chief of Police specific to the purpose for the request.
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8,
ARTICLE 1, SECTION 08-01-25 OF THE CALDWELL CITY CODE, RELATING TO THE
DISCHARGE OF FIREARMS WITHIN CITY LIMITS; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR 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. 8
(Ordinance No.2993)on its first reading by title only.
Roll call vote:Those voting yes:Callsen,Pollard,Biggers,Ozuna,and Hopper. Those voting no:Feucht.
Absent and/or not voting:none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Biggers to sponsor Bill No. 8 (Ordinance No. 2993),move for its
passage,and approve the summary for publication.
Roll call vote: Those voting yes: Callsen, Pollard, Biggers, and Ozuna. Those voting no: Feucht and
Hopper. Absent and/or not voting:none.
MOTION CARRIED
(CONSIDER THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS ASSOCIATED WITH THE 1979 GRANT AWARD[#B-79-DN-16-00071)
Mike Dittenber of the Caldwell Housing Authority located at 22730 Farmway Road, presented
information concerning the destruction of property located at 123 E.Elgin and the potential use of
BOOK 56 PAGE 27
HUD funding for this project and similar future projects. (Packets were distributed to each Council
Member by Mr.Dittenber.)
E1Jay Waite,411 Blaine Street,provided information about research of the original HUD grant. It
has been verified by HUD that the funds are available for the City to designate to the Caldwell
Housing Authority in a revolving fund manner on as case-by-case manner. He reported that sites
will be improved with curb/gutter/sidewalk as necessary.
Discussion followed.
In response to questions from Councilman Pollard, Mr. Waite clarified that the initial
reimbursement amount of$15,708.09 would be taken from the HUD funding account.
Mark Hilty, City Attorney at 1303 12th Avenue Road, Nampa, stated that communications have
been held with the regional HUD Office located in Portland, Oregon. All proposals from the
Caldwell Housing Authority for use of the funds have been consistent with HUD regulations.
MOVED by Hopper, SECONDED by Feucht, to allocate $15,708.09 to the Caldwell Housing
Authority for reimbursement through the HUD Community Development Block Grant Fund and
direct the City to continue to look at the opportunities of how to transfer the funds(without liability
or prejudicing the remaining HUD funds)to the Caldwell Housing Authority.
It was clarified by Attorney Mark Hilty that a draft agreement would be compiled and brought back
for City Council's review concerning this matter.
(DISCUSSION REGARDING COLLECTION OPTIONS FOR DELINQUENT LOCAL
IMPROVEMENT DISTRICTS[L.I.D.]ACCOUNTS)
E1Jay Waite, 411 Blaine Street, provided information about the Local Improvement District
Program(L.I.D.)which has been in operation for approximately twenty(20)years. Currently there
are fifty-nine(59)accounts which are delinquent in one form or another. He noted that the Finance
Department has worked with the citizens and business owners concerning the payment procedures
on the delinquent accounts,especially during the recemt recessionary period. Approximately two
dozen properties have paid off their delinquencies through an installment plan over the last four(4)
years. The penalties were dismissed on those accounts at the conclusion of their payments.
Mr. Waite continued by referencing the delinquencies associated with LID 2004-1. This LID has
numerous properties which have not paid and at this point in time the bond payments are being
funded through the LID Guarantee Fund#31.
Maren Erickson, City Attorney at 1303 12th Avenue Road, Nampa, presented two options for
Council's consideration:
• Option #1 —Execute and acquire title on the deeds for the municipality. If the deed is
delinquent for a certain amount of years,the municipality can then be deeded the property.
Statutory action would be required to sell the property and then payments would be
received fromthe new property owner. Council would need to approve this action by one-
half plus one member every time a property is to be sold.
• Option #2 — Certify the LID assessment to Canyon County. Each year the City would
provide a list of the delinquent assessment properties to be certified through the County.
These delinquencies would become part of the Canyon County Tax Assessor's Roll and
collected by the County. Payments would be applied equally to all delinquencies on the
County Tax Roll. The City would receive the receipts of the money applied to the LID
assessments. The accounts would accrue interest and penalties at the County's rates.
Ms.Erickson recommended Option#2 noting that a process could be created to notify the property
owners as well as the follow-up steps with Canyon County.
Councilman Hopper suggested that a letter be sent to the delinquent property owners in advance
informing them of the future steps which will be taken with Canyon County. Perhaps this would
give the property owners an opportunity to clear the account in advance.
Ms.Erickson stated the notification step is not required but it is a good idea to notify the property
owners and give them the opportunity to settle the account.
BOOK 56 PAGE 28
Discussion followed concerning the process which would be followed by the City of Caldwell in
cooperation with Canyon County as outlined in Option#2.
Mr. Waite distributed a spreadsheet outlining the delinquent accounts. He noted that the Canyon
County certification process transpires in August each year. He noted that by August 2015, the
property owners of the fifty-nine(59)delinquent accounts will be contacted with a special invitation
(by certified mail) to pay off their LID accounts (principal and interest) with forgiveness of the
penalty. He recommended that prior to the August City Council Meeting; a revised list be
presented to Council of those property owners who have not paid asking permission for the accounts
to be certified.
Mr.Waite was directed to move forward with this plan.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Biggers reported that the Finance Committee has reviewed current accounts payable in the amount
of$1,619,311.65 for the period ending February 25,2015 and net payroll in the amount of$273,775.91 for the
pay period ended February 7,2015.
MOVED by Biggers, SECONDED by Callsen that accounts payable in the amount of $1,619,311.65
represented by check numbers 107496 through 107793 and payroll for the total amount of $273,775.91,
represented by check numbers 28198 through 28216 and payroll direct deposits, be accepted, payment
approved,and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Pollard inquired about the progress of the City's website being upgraded. The Mayor reported that
online presentations will be made to the Appointed Officials on March 3 and March 17 concerning this matter.
Councilman Pollard expressed thanks to the many who were involved in the recent MYAC fundraiser dinner.
Councilman Feucht expressed his appreciation to Mike Dittenber and the Caldwell Housing Authority for their
accomplishments with the north-end rehabilitation project. He also expressed his appreciation to the DCO
Committee for their ongoing efforts.
Councilman Biggers reported that Roger Brooks will be in town on March 9—13 and conducting meetings at
the Caldwell Airport Terminal for the City's Brand Camp. He also reported that a fundraiser pancake breakfast
will be held on March 7th at the American Legion Hall and the"Dancing with the Stars"event will be held at
the College of Idaho on March 24th at 7:00 pm.
(MAYOR'S COMMENTS)
The Mayor reported that over $18,000 was raised at the recent MYAC fundraiser dinner. He expressed
appreciation to the students and others who helped in organizing the event as well as the donations from the
many sponsors. He noted that the monies raised at this event are used by the MYAC to fund their projects and
training events in the coming year.
The Mayor acknowledged Retired Colonel Harrell and wife, Trina, who were in attendance. He expressed
appreciation to Mr.Harrell and other volunteers concerning the amazing progress with the Veterans'Memorial
Hall project.
The Mayor will be traveling to the National League of Cities Conference next week with members of the
MYAC. The students will be presenting a white paper to the congress members in Washington,D.C.
(ADJOURNMENT)
MOVED by Hopper,SECONDED by Ozuna to adjourn at 8:32 p.m.
MOTION CARRIED
BOOK 56 PAGE 29
APPROVED AS written THIS 16" DAY OF March
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk